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NOTES OF AN EXFLE

}

VAN DIEMAN'S LAND:

COMTRISIN*; IXCIDKNTS OF THK CANADIAN RKHI.I.MON IN IS.')S, TRIAT OP

TIIF; AinUOUlN CANAOA, and srusKiilKXT ArriCAKANCl-: UIOFOUK IIKit.

.M\.n:STY'S ( OURT OF (U'I:KN S HEXCH, IN LdNDON, IMPRISONMENT

IN EN(;i,ANI), AND TRANSroKTAT.ION TO \ 4S lUKMANS LAND.

ALSO

AN ACCOUNT OF THE HOUHinhE SlII ERINOS ENDl RET* KV NINETY I'OMTICAl

PRISONERS DtKING A RESIDENCE OF SIX YEARS IN THAT LAND OF

IJRITISU SI.AVERY, TOCIETUER WITH SKETCHES OF THE ISLAND,

ITS HISTORY, PRODUCTIONS, INHAIilT V NTS, iliC. &,C.

Slaves cat! breathe in Knghiiid.

BY M NUS W. MI I, L \\R.

FRED ONI A, N. Y :

PlilNTED BY W. McKINSTRV & CO.

184G.

w m mm a u tx^ftp'^af^.'^

-^rr--EK--v..^"--y .v ^ n i» H gpt fr ia;*

Entercil according to Act of Congrcs.-^, in the yoar 1S-1<),

By Linus ^\'. Miller,

In the Clerk'3 Office of the Northern District of New-York.

H ON. \V [ L ]/[ A M [I. 8 E W A R I ).

THE FlilENI) OF J.IinCKTV ANT) THE I'llILANTHUOPIST,

THi:Si: LNPRKTEXDINf; PACES ARE IXSCIIIDEI),

(MY rERMISSfox.)

wiiii n;i:r.rM;.s or rRDFouisn i:kspe< r.

Eir

HIS IILMULE AND (iRA TKrUI- SKRVANf,

L. W. M I L L E i;

PREFACE.

A history of the wrongs and sufTerings of the Canadian
State Prisoners, is a subject in which the PubKc have felt so
deep an interest, that no apology can be necessary for the
appearance of this work in that respect ; but the relation of
some of the autlior's own adventures, althouu'ii intimately
connected with the foregoing, may possibly be viewed in a
diflbrent light ; and he feels it due to himself to say that they
wore introduced in accordance with the suggestions of nume-
rous frieihls, with greater dItHdcnce than their prominence
might seem to indicate. In giving these slight sketches of the
Canadian rebellion, he has been actuated by a desire to cor-
rect some false iini)ressions current with the American Public
in regard to the feelings and character of the Canadians in
their late unhappy struggle for independence.

The proceediiicjrs in the courts of London should), perhaps,
have been placed in the appendix, but it is hoped tiic lengthy
arguments of the opposing counsel will not be regarded as
altogether uninteresting and valueless, by the intelligent
reader.

In quoting the language of others, it has been necessary, in
order to give a correct idea of the character of many in
authority in the British dominions, and the abuse endured by
the prisoners, their mental sufferings, &c., to introduce that
which is objectionable ; yet it has been done with the great-
est reluctance, and in as guarded a manner as practicable.

Some typographical errors occur in the work, whicli might
have been avoided, had it been convenient for the author jxjr-
sonally to correct and revise the proof sheets ; but they are,
in general, of such a nature as to be readily detected and
understood by the intelligent reader.

Tiie author feels free to acknowledge, that the work is, in
many respects, imperfect ; but trusts that it has one redeeming
feature at least ; the facts which are related arc neither col-
ored or exaggerated.

Stocktox, N. Y., Oct. U), 184G.

-----"*- .-■— ■■^-

CONTENTS:

CIIAl'TKll I.

'Voar ihrouuli (':ii\iula. — I'opiihir FcM.'ling. — Amerii-an Synipmhy. —
The Aullioi- joins the Catmdians

Kxecutlon of I'nliticiil On't'iulL'i's. — AttiMiipt to rosciiu sovi-n men
imdor Si'Mtcnci' of Dcnlh. — Tlic I'lince of Traitors. — (.'aniuliati
I'atriotisni. — British Ollicor.— Narrow Ks«;ai)e 4

C'lIAI'TK U I II.

(Jen. Mt'Lcod. — Anocdotos. — The Short Hills I'arty. — Cro'^sin;; the
Niauara. — (ami) of the IJebeis. — Attack on the Knemy. — Jhe Pri-
soners. — Murder prevented. — A niulit in tiie bush 17

CIIAPTKll IV.

Tiicl't. — The iViendly Mau'istrafi'. — -Stai'vation In a Lotr-heaj). — The
1/ittle Orphan (lirl. — The Peasant \\'onnin. — The J-liieniy. — The
Chase and Capture .'M

ClIAPTEU v.

riie brave Lieutenant. — Falsehood.— Tlie IJoard of Alafiistrates. —
Trip to Head (Quarters. — An L'nphjasant ()e( lO'renee. — 'i'he Kes-
cued l^aiueis. — Arrival of Col. Townsend. — Seeia- at the Pavilion
Hotel. — The Author in Prison 44

CHAPTER VI.

The Captives. — Tlie First Kluiit in Prison.— The Examination. —
The .Magistrates .'". rrl

CHAPTER VII.

Kcmoval to Klairara. — Rctleeflons. — Lundy's Lane. — Morrow's
Toast. — The .Fail. — Friends of the Pri-oiv-rs. — Filial Ailection, &c.
— Ilemoval to T'oronto. — '.rreatme"! - Ihe Fourth of July. — False
Alarms, ^e. — .'•■ir (Jeorjze Aiihur.— iielurn to Niajrara. — Special
Sessions. — Trial of the boy, Cooley. — The Indictment. — The Cor-
rupt Court , in

VIII

CII.APTEK VIII.

Trial atvl Sentence of Col. James Morrow. — The C'onclcnuicd Cell.
— Some IVticiilurs of his Life. — Visits of the Cnnailian Clergy
men.— Vreparation for Death. — The Consolations of Keliyion. —
lie prays for his Kneniies. — Hl.s I)>in;» Messuj^e <lolivore«l to the
Tory Clerjrynjen.— The Catholics.— The Parting Charge. — The
Execution 7.'t

Eflects of Public
Sherif Hamilton

CHArTEIl IX.

Executions, &c. — Col. Townsond's Outrage. —

-Jdck Ketch. — The Old Woman's I'ropliccy. —
]Jialogue with the Catholic Priest. — The Conscientious British
Major : SO

CHArTEIl X.

The Cottrt. — The Trials Falsely Uoportcd in the Tory Newspapers.
— Packed Juries. — The Author is Tried.—- Plea of Insanity. — Ver-
dict of the Jury. — Infamous Conduct of the.Iudgt?. — The .Jury
alter the Verdict. — The Tiry Lawyer. — Arraignment of Sixteen
Prisoners to receive Judgment. — The C(»urt Room — Demeanor
of the Prisoners ami Spectators. — Address of the Judge to the
Author. — The Author's Reply. —Sentence of the American Citi^
zens. — Sentence of the iJrilisih Subjects ST

CHAPTER XI.

The Condemned Prisoners. — Visits of the Tories.— Scorn for Scorn.
Sublime Speech of the boy, Cooley. — Vi>«iits from Friends. — Inter-
cession of the Lancers. — Letter of the Hon. W. II. Seward to Sir
George Arthur. — Sentence of Death commuted to Iran.-pnitalion
to Van Dieman's Land. — Ilemoval to Fort Ileury. — The Parting.
— Intercession of Mrs. Wait and Miss Chandler. — Desertion of
British Regulars. — Arrival at the Fort. — The Point-Au-Polee
Prisoners, and others. — The Kx PoH Facto Law. — Tieatmcnt of
the Prisoners. — Exercise. ---Mr. AV'ixon. — Mr. Parker. — Letters to
Friends. — Sherif MacDonald. — Treatment of David Taylor. —
Death-bed Scene. — Arrival of Prisoners from Niagara. — Visits of

Sir (ieorge Arthur. — The Unwelcome Motice.

9.>

CHAPTER XII.

Removal of Twenty-three Prisoners. —The Steamer Cobourg. — The
Thousand Islands. — Drea<lful Sufl'eriiiirs. — Pres;i<>tt. — Amusing
Incident. — The Rapids — Cornwall. — A Tyrant. — Ciossing of the
Patriots at Prescott. — Alarm of the Enemy. — Co-teau (In Lac. —
Incidents. — Cascades. — The Ravages of War. — Ucaulianiois in
Ruins. — Desolation of the Country, Plunder, iS^c, by ihe Rritish
Army. — Mansion House of Air. Ellis. — The Soldier'.s Account of
the Burning of St. Deunin and St. Eustuchc. — Sir John Colborne.
— Montreal. — The (iiiard House.— Brutal Treatment.— Col. Town-
eend. — The Mob.— The Loval Irishman and Xegro. — Anecdotes
of the Negro on Sentry — and Drill Sergeant. — Arrival at Que-
bec. — The Jailor. — Notice of Removal to Eniiland. — Enibaikation. 107

CHAPTER XIII.

I'lii' Irishman's Soliloquy. — The Lumbor Vci^sul "Captain Hogs." —
i'he I'rision Cabin. — 'I he Rntiuns. — ('apt. Morton. — 'I'he (lU.arJ of
SoMitTrt. — Sca-Sickiifss. — The Ciaie. — Sufrorin;^9 of thu PriHonerx.
-Anumpt to Mutiny. — The 'JVaitor. — A soonc on Deck. — Sail,
ho! — Speaking tliu Haltinioru Clipper.— Arrival at Iiiv«'rp(»ol. —
llcmarkd IIS

ClIAPTKK XIV.

'I lie Laiidini;. — I'he Prison. -En;.'liMh Sympathy. — Tiie Exoelienf
Ciiiiplain. — Pri-Hon Kejjulat ions. -The Prison Chapel. — Friends
iVom Lou'lon. — Henioval of' Eleven I'risouers to Portsiiiouili. —
Till' (iuii;. — The .Journev to Lorn Ion, \e. \.i' l'J7

CII A PTE II X \

N'(!vvjrate Prison. — Treatment. — The Chaplain. — Chapel. --The Va\<j-
lisli l-'eions. — Tlu! Lawyers.— Atte.ndanee at the Court of (Queen's
ISench. — Statue of Cmaki.ks Fihst. — Charrini; Cross. — Westmin-
ster Abbey, its History, iVe. — Statue of GicoRiiK Canning. -
ilemains of iJyron — ^^'eHtminister Ilall. — The Court. — Arjru-
ments of the Counsel, I'^e l."l.»

ClIAl'TEK XVI.

.\r;j;uments Continued. — Judunnent by Lord Denman. — Proceed in;zs
a'iainst the Jailor for makini» a False Jleturn. — This Court of
IvKchecpier. — .J udginent, kc, 1 h.*

CHAPTER XVII.

Remarks upon the Trials, cScc. — Mental Sud'eringrs. — Kindness of
Friends. — Distiui^uished Visitors. — Entjlish Feeling with Reference
t<» the United Stato. — The Author's Vindication of his Conduct
to an English (lenthunun. — Limited Number of Voters in (ireat
Britain. — English Elections, liribery, v\:c.— Approi)riations By
Parliament. — England's I'oor. — Pardon of William Reynolds. —
Pardon of the Nine Untried Prisoners. — IJritish Injustice "Jl'l

CHAPTER XVIII.

Removal to the Hulks. — Incidents of the Journey, \c. — IVirts-
mouth. — Scene on the Deck. — The Convict Garb. — Inspection,
.Sec. — Shameful Severity. — (jemniell's Account of Wait and hia
Companions. — Heemer. — Sleeping Apartment, itc. — The Dock-
yard. — Sufl'erings, tkc. — Complaints to the Government. — Mr.
Carver. — Chelsea Reach. — Attempt to Abscond. — The Old Trai-
tor. — Dialogue with tin; Cai)tain.— Regulations of the Hulk.—
Prevalence of Vice and Crime. — The Chapel and Clergyman. —
The Hospital.— The ikying Convict.— The Bay Ship.— Spithead.
— Letters, &c '221

CHAPTER XIX.

Regulations, &c., of the Convict Ship. — " Weighing Anchor." —
Apostiophe to England. — Sea-sickness.— Profanity, kc, of the

Piifloners. — Kindness of the Sur<»eon. — The Prisoners' School. —
A Calm in the Tropics. — Fighting among the Trisoncrs. — History
of Henry Williams. — Sharks, Albatros, &c. — Tristan de Cuiiha. —
Doubling the Cape of Good Hope. — Burial of the Dead at Sea. —
Van Dieman's Land in Sight 243

I:
ii

CHAPTER XX.

Ucllections. — Ltind, &(!. — Arrival. — The Inspection. — Mclaiiolinly
News of the J)oath of Tiiree ("iinadiuii IVisoncrs. — Alexander Me
Leod. — A Friend. — (roing on Shore. — The liarracks. — A Quan-
dary. — Tinuithy (Jrecdy and his Pi[)e. — Hiiying a Pair of Knee-
Hreeohes. — Sir John Franklin. — The Speeches 253

C H A I' r E II XXI.

Keniarks. — Vermin. — The Notice. — Goinp^ to Church. — Half an
iiour's Kxercise. — The Felon Overseer.— -lleliellioii on tlie Sub-
bath Day. — The Cell. — Scene in the Ollice. — I'logging tlie English
J'risoners. — (Jambling, Crime, kv. — The Princijial Superintendent
and the liushranirers '272

CHAPTER XXII.

The Canadians Doomed to Slavery. — The Reward of Treachery. —
. Tlie Road Party.— The Billet.— .Mentitl Siitlerinus.— The ''Buf-
falo." — Meomer is sent to Port Arthr.r. — Interesting Incident. —
(jcnunell up the Cliimncy. — The Ove.'scer Caught. — A iSma.sh I28f!

CHAPTER XXIII.

Removal to Sandy Bay. — Treatment of the Canadians. — Death of
X'^ottage and Curtis. — A Lady's Opinion of the (Jovernor. — Star-
vation and Shell-fish. — Four Canadians Abscond : their Sulfer-
ings and Capture. — "The Hunters of Kentucky." — Removal to
"Lovely Banks." — Scenery. — The Irish Superintendent and Con-
vict (!lerk. — IMr. Braberson's Compliments, aliaa "Tip," alias
Bribery. — Death of Williams. — Treatment of the Sick. — Cells. —
The Triangles. — Robert JNIarsh anil the Whecl-barrow. — Dread-
ful SuHerings. — Opossum Eating. — The Hand Carts. — Prepara-
tions to Abscond 21*4

CHAPTER XXIV.

The Author and Joseph Stewart Abscond. — The Journey. — A Quan-
dary. — The Surprise. — The Betrayal. — The Return. — The Myste-
rious Fountain. — The Surrender 305

CHAPTER XXV.

The Trial.— The Tread-mill.— An Outrage.— Tom Hewitt.— Inter-
view with Mr. Gunn. — Horrid Treatment on board the Brig Isa-
bella. — Tasman's Peninsula and Port Arthur. — The Commandant.
—The Overseer and Carrying Gang. — Indescribable Horrors. —
Stewart iu the Cells ^ 3iy

CIIAPTEK XXVI.

II(trrible Sullerings. — The Old (irfiiiiiij visits Port Arthur. — Speech-
ifying. — A Chiinj^o. — The Invalid Ciany. — The Churtist Prisoners.
—The Coal Alines. — The Hillet. — Promotion from the Wtish-tnh.
— llev. J. A. Manlon. — The KveniriU School. — Kaj^le Hawk Neck.
— e'riuies, cSce.— The Isle of the Demi .1.14

CIIAPTEK XXVIT.

Tlic Author is Fiinploved as Tuli»r, in (lie Family of (h'U. Lcnipriere.
— The Old (irai;iiy Kecalled. — N'isif, to I[(i!)urt Town. — Treat-
ment of the ('anadi:ins. — IvMMoo of Cii'innu'li, iS;'.'. — Tlie Xow (lov-
ernor. — ICdward JMa(])owell, \\m\. — K.xposure of Franklin's \'il-
lainy. — Fnilcd States Consul. — 'i'iie Frunhiin (.'/i'/'D' tiiid Illicit
Distill)}/;. — 'J'lie Pardons. — Sir F. F. \\'ilniot slianuid int» an act
of dustice.— Deiiartnre of Twenty-seven Canadian* for the Sand-
wich Islanils. — Kcsideuce in llobart Tt)wn - .'Us

CIIAPTFIJ XXV III.

Discovery of Van Dicniaifs Land, Sctllfinent, iS.c. — Proixrcss of tlu?
Settlement. — ]'".nii;;'i'ation. — Srjiaialion from tin; I'arcnt Colony.
— Commerc'c. — The pLiblic Lands, JMarkets, ^c. — 'I'he IJcaction.
Ahisi;jrinnent of (,'onvicls Al)ollshed. — Pr>d)ation System. — Increase
of Crime, iS:c. — Fndtarrassmeut of the Colonial (lovernment, and
Taxation. — Disatlection, ^;c., of the C'olonist Po[)nlation. — State
of Society. — Intem[)eran( c. — Fdiication. — Sunday Schools. — Pub-
lic Institutions, Societies, ^;c. — IJeligion. — Administration of Jus-
tice. — The Aboriginal Inhabitants. — Products of the Island. —
Animals, Vegetables, iS:c -V'T

CHAPTEi; XXIX.

Concluding Kcniarks upon the British Transportation System. — Con-
dition {){' the Canadian J'risoners. — Suit against the Colonial Gov-
ernment for False Impiisonment. — l)ej)arture from Van Dieman's
Land on the Uritish Merchant Vessel ''Sons of Conunerc<'." —
Arrival at Pernambuco. — Kindness of Strangers. — ^'oyage direct
to the United States, on the American Ihircpie "(ilobe."' — l^anding
at New Castle, in Delaware. — Philadelphia. — New York. — Arri-
val at IJunic.— Conclusion 3G6

; M_i i f ■

NOTES

CANADA, ENGLAND AND VAN DIEMAN'S LAND.

CHAPTER I.

Tour through Canada. — Popular Feeling. — American Sympathy. — The Author joln»
the Canadians.

After all that has been written and said, concerning tlie
late rebellion of the Canadas, it would be superfluous to
attempt giving a history of the eventful period of 1837-8;
or of the causes which led to the outbreak. Justice to the
Canadians, and* those of my countrymen who have participa-
ted in their struggles, requires, however, the statement of a
lew facts relative to the important question of justification,
on the part of the revolutionists.

Previous to joining my fate with theirs, in the unfortunate
affair, I made a tour, early in the spring of '38, through the
most populous districts of the Upper Province, to satisfy
myself on this point. It 'will be recollected that the first
outbreak had proved a failure; that Navy Island had bee a
abandoned ; and that the battle at Point-au-Pelee, between a
large British force and a handful of brave Patriots, had ended
in a dear victory to the former. The natural tendency oi"
these events was, to discourage the liberal party in Canada;
and the inconveniences to which they had been subjected,
through these trying times, would, had the causes of tht?
outbreak been as light and trivial as its enemies assert, have

NOTES OP AN EXILE, ON CANADA.

sickened them of the unequal contest, and effectually crushed
the spirit of rebellion. Such, however, was far from beinp
the case. A large majority of the most respectable Canadians
whom I visited, on learning my business and motives, discov-
ered their sentiments upon the dangerous subject with much
frankness ; sat down with me at their own firesides, and tohl
mk; of the wrongs and injuries of Canada ; of the events which
h.'id changed good loyal subjects of the crown into enemies ;
jiiienated their hearts from the so long worshipped mother
country, and caused them to regard their homes in this west-
ern world as no longer the abode of peace and plenty, quietudr
juid happiness, and sacred justice. The blight and mildew of
iiiisnile had repeatedly passed over the land. Year after
year British aggref^sions upon their rights, and indifference to
their wrongs and oft-repeated remonstrances against grievan-
ces, had increased until all hopes of redress had passed away,
in their distress they had turned their eyes to these United
States; studied our glorious and peaceful institutions, until
they imbibed the s})irit of the heroes of the American Revo-
hition, and felt the God-like divinity of liberty stirring within
tlieir souls, and rousing their slumbering energies to action.
They remembered that Heaven had raised up help in thai
.(ilark period to our struggling forefathers, and took courage.
Feeling tJieir cause to be equally just and righteous, the}
boldly crossed the Rubicon, confiding in the God of battles,
nor doubting that stout hands and brave hearts fi*om this
home of liberty would join with theirs in purchasing, if neces-
s;u*y, the blessings of free government. Mismanagement and
indiscretion in their leaders had led to repeated defeats; driven
many thousands of their most eftec.tive men into exile in the
United States; thrown many hundreds into prison, and desola-
ted the land. The menials of the British government were
every where in power, and individuals suspected of favoring
the revolutionists were subject to every indignity and abuse
which the ingenuity of their enemies could devise. Houses
nnd barns were burned, hearths desecrated, property wanton-
ly destroyed, and females insulted, and sometimes violated
♦with impunity. The heads of venerable sires, white with the

"'S*.!.,

II mllli

ENGLAND AND VAN DICMAN S LAND.

snows of {ige, were covered with wounds, inflicted by the
cudgels of the Tories. I was universally assured that a lajgt
majority of the most respectable Canadians, were more anx-
ious than ever for independence, and that the situation of the
country alone prevented their effective organization; — pai<i
spies of the enemy being among them few were willing to
trust their neighbors where there was so strong a temptation
.aid such facihties for treachery. But the universal cry was.
'•Come over and help us. A majority of our fighting men
liMvc fled from the country and are now in the States. If the
L'liitcd States government have not forgotten the struggle:?
which gave their nation existence, those refugees will be per-
mitted, if they choose, to embody and return to their JK)me>
with arms in their hands; and if American citizens prize the
institutions of their own countrv, and wish to see them
<^xtcnded to their suffering neighbors, they will be willing t.i
join in the righteous cause. When sufficient numbers cout^
over to give some hope of success, we are ready to suppoit
ifiom with our property and our lives. If there are any L;i
Fayettes, Kosciuskos, and De Kalbs among your countrymen,
in them oome to our aid; and, whether we prosper or not,
th.ey will at least be rewarded with our gratitude," Such
wore the words of tlic Canadians — such their situation in tlij
spring of 1838.

On the American side, and along the northern frontier,
intense excitement prevailed. Extensive preparations wei\»
v-mig made for the invasion of Canada, by the refugees and
American citizens combined. The former had fled to our
shores for safety. pi*otection and succor. The latter had
CDened their doors to them, listened to the tale of their wrong>
.'.nd sufferings, and made their cause their own. Tens o\
thousands of the most respectable citizens of the northen<
States cheerfully and zealously gave their influence to th."
cause, and, directly or indirectly, encouraged the enterprise.

Reader! the author has no apology, nor does he wish any.
beyond these simple facts, for joining in the Canadian rebeU
lion. Let those of our citizens who prize not our own glorious
institutions, — who have forgotten that they were purchased

1 T

f i

i I'

4 NOTES OP AN EXILE, ON CANADA,

in part by the blood of foreigners, — who have no compassion
for the woes of others, and never read the holy precept which
commands that we should do unto others as we would they
should do unto us, — who are Tories in heart and would sell
their country for a smile from British aristocracy, — who are
COWARDS and dare not fight, either for themselves or others,
lift up their hands in righteous horror and holy indignation at
the depravity of heart which led a youth of twenty years of
of age to join his fate with the oppressed Canadians !

CHAPTER 11.

Execution of Poliiical Offenders. — Attempt to rescue seven men under Sentence of
Death. — The Prince of Traitors. — Canadian Fatriotisra. — British Officer. — A
Narrow Escape.

There are reasons existing which forbid the relation of
many interesting incidents of the Canadian rebellion. One
adventure, however, it is right the world should know, as it
will justly expose a man whose name will necessarily appear
in subsequent chapters of these notes. For the sake of hivS
relatives, some of whom I know to be respectable and estima-
ble, I would willingly lean to the side of mercy, and cover
the deeds of the renegade with the veil of oblivion; but justice
will not admit of either silence or palliation.

On Friday, the 13th April, 1838, Samuel Lount and Peter
Matthews were executed. The deep excitement which their
martyrdom created throughout the Canadas caused many a
Tory heart to tremble for fear of retributive justice. Those
of my readers who were conversant with those trying times,
will not have forgotten, that the wives of ^he doomed men,
supported by the petitions and prayers for mercy of tens oi'
thousands of British subjects, implored upon their knees of the
Lieutenant Governor, the boon of life for the partners of their
bosoms; that he, while they clung to his knees, and plead
with all the power of woman's fervent love and hallowed
devotion, coldly spurned them from his feet, and that after the

-A

ENGLAND AND VAN DIEMAN 8 LAND.

enactment of the disgraceful tragedy, they were again spurn-
ed from the same humble position, while begging for the
mangled and lifeless remains of those they so dearly loved.
Oh ! the deep and holy affection of a wife ; to supplicate with
bended knee, kissing the feet of the tyrant, washing them with
her tears, for the mangled clay of tlie loved one. Oh! the
coldness, the hardness, the barrenness, the utter desolation of
feeling, the entire prostration of every ennobling quality,
which nerved this representative of Queen Victoria, to spurn
one of her sex from his feet, with such a prayer!

This want of all humanity on the part of the chief execu-
tive, gave reason to fear that seven men lying under sentence
of death at Hamilton, would share the same fate.*

On Saturday, the 14th April, the C. 11. R. Association, com-
posed of Canadian refugees, and under whose instructions I
liad been acting for some time, called a meeting at Lockport,
lor the purpose of devising means for saving these men.
After sitting WMth closed doors for some time, 1 was summon-
ed into their presence and informed by the President that the
Association had selected me to perform the perilous and
important duty of rescuing the doomed men from death.
Awful as such a responsibility was, my feelings on accepting
tiie proposal from the venerable and excellent President, were
unbounded joy, at the opportunity of risking my own life to
save these devoted men, and not a little pride, that such an
enterprise was entrusted to me.

*Tbe " Hamilton Express," of the 7th ultimo, contained the following:

"WKDNESDAy, April 4th.
"This day the court aaseaibled to give judgment on the prisoners. His Lordship
addressed them on the enormity of their crime, and tlie awful situation in which they
stood.

SENTENCES.

" William Webb and John Hammill — sentence of de«th recorded, wiili nn assurance
that their case would be represented to the executive, not to enforce the sentence.

"Horatio Hills, Stephen Smith, CiMrlea Walworth, Ephraim Cook, John Tvfford, Nathan
Town, and Peter Malcolm, — Death !

" The court taid that in consequence of the protection Peter Malcolm aflbrded to the
Ilev. Mr. Evans, his case would be favorably represented to the executive.

•' The prisoners were ordered for execution on Friday, the 20th April, instant.

"Hills and Smith wept bitterly ; the other prisoners received their sentences with
firmness, but seemed to feel like men who knew their dreadful situation.

" The court was then dissolved."

NOTES OF AN EXILE, QN CANADA,

Dr. Wilson, a member of the association, and a brave man
as Canada can boast of, accompanied me; after being com-
mended by our friends to the care and protection of Ahnighty
God, we took the rail-road cars for Niagara Falls, where we
arrived early in the evening. The planning and execution of
the enterprise was Jeft to myself. I purposed to cross into
Canada that evening, raise 200 efficient men, proceed in secret
to Hamilton, and on Thursday evening, at the hour of twelve,
the Doctor with a piquet was to attack Dundern Castle as a
ruKc ; — another small party were to take possession of a steani-
l)oat, which always lay at the wharf during the evening, and
by the aid of an engineer of our own, to prepare her for th(;
reception of the main body, with which I was to surprise the
jail, force the doors, &c., and press the prisoners on board;
there to be joined by the Doctor and all hands, to whistles
Yankee Doodle until we landed our valuable freight on
Yankee ground; — a capital plan, kind reader, had it been
accomplished.

At the Falls, the Doctor informed me that an acquaintance
of his at that place, a Canadian refugee, and relative of one ol"
the doomed men, might be made a valuable auxiliary, as he
knew him to be a brave, trustworthy fellow. I desired an
introduction, and in five minutes time, a tall, stout built, dai-k
(^omplexioned man was announced by my friend as "Mr. Jacob
Beemer."

There was something in his eye which at first made me
distrustful, but this unfavorable impression was removed, when
in reply to my questions he informed me that his own uncle
was one of the doomed men, and burst into tears. On being
informed of my business, he seized my hand, and, imploring
the richest of Heaven's blessings on my head, entreated
permission to join the enterprise. As he was a proscribed
man in Canada, I pointed out the danger that he would incur,
but he assured me he could disguise himself, go to his native
town, raise fifty men and meet me near Hamilton at the time
appointed.

He was very urgent to learn my plans, but as I had deter-
mined to have no other confident than the Doctor, to, avoid

ENGLAND AND VAN DIBMAN S LAND.

the possibility of treachery, I reasoned with him on the
impropriety of his request; but he fell to crying again, and
urged that as his own uncle was one of the prisoners I ought
not to distrust him, — that he wished to say to his neighbors
that he understood and approved of the plan, as an induce-
ment for them to enlist, &c., &c. Believing human nature
incapable of treachery under such circumstances, I gave him
the desired particulars. He listened with the deepest inter-
est, approved of all, and promised faithfully to commence
his journey the next morning, and act his part with promti-
tude and discretion. Thus we parted; the Doctor and myself
traveling all night, crossing Grand Island on our way, and
arriving m Canada early the next mornmg.

It has been erroneously asserted that the Canadians arc so
unfeeling and selfish that sooner than do a noble deed, at the
risk of property or life, they would cling to their hearth-
stones and see their nearest friends sacrificed. From close
observation and experience, I know the reverse to be the
case. A more generous, self-sacrificing people never lived.
With the same opportunities and encouragements which our
forefathers enjoyed in 1776, I doubt not they would have
proved themselves in every respect their equals. Their love
of liberty and independence, was a deep and fixed principle,
which fortune, in the unfortunate struggle, compelled them
to confine within their own breasts, and its influences to
their own private and hallowed firesides. It was there
that the pent up flame would burst forth; there with closed
doors the mbust son would draw from its place of conceal-
ment the polished musket, and, as far as practicable, accus-
tom himself to its use, while the fond parents exhorted him
to deeds of valor — parental love bowing to that of country,
and enabling them to dedicate their heart's pride, and the
hope of their old age, to the cause nearest their hearts. It
was there, when the family knelt around the altar, and their
humble orisons were breathed forth to the Almighty Ruler of
the Universe for his fatherly care and protection, that the
low, but fervent and oft agonizing petition might be heard,
for the King of Kings and Lord of Lords, to stretch forth

NOTES OP AN EXILE, ON CANADA,

His almighty arm for the salvation of Canada; for His grace
and mercy to those of their countrymen in prison and exile;
and success to the efforts being made for the establishment
oi free institutions. Reader, scenes like these inspired me
with confidence, and made me an enthusiast in their cause.
To a superficial observer traveling through Canada, there
•vvas little in outward appearances to tell the deceptive tale.
I once met an American in company with two or three Can-
adians, whom I knew to be devoted to our cause, and in the
constant habit of beseeching Almighty God to bless and
prosper it. The following dialogue, as near as I can recol-
lect, took place:

Stranger. — "Gentlemen, you appear to be men of respecta-
bility and candor: I wish to satisfy myself upon some mattei>
of dispute in the States, with regard to the wishes of the
Canadians, in general, for a change of government. Will
you have the kindness to oblige me with your own views
upon the subject?"

My friends looked at each other, and then at the stranger
for a moment, when one, with but little apparent hesitation,
said, in reply, —

'*• We can have no objections to answering your reasonable
questions. I can speak for myself and neighbors. We are
contented. We prefer our own institutions to those of the
United States, and are ready and willing to defend them
with our lives. We have no fellowship with those given to
change."

The American gentleman politely thanked them — said he
thought wrong impressions had gone abroad, which he should
henceforth use his influence to correct, and rode on his way.

Expressing surprise at what I had witnessed, they laugh-
ingly replied, — "What, did you think us such fools as to
open our hearts to a stranger, in such times as these'? He
might have been an emissary of the government, and in less
than 24 hours, we, with our neighbors, been thrown into
jail, to pine for months without a hearing of any kind-
Instances of this kind are not uncommon. It is true, he
might be an honest man, but then, how many honest hearts

ENOLAMD AHD VAN DIBMAN 8 LAND.

IS erace
id exile;
ishment
lired mc
r cause,
a, there
ve tale,
ee Can-
d in tho-
ess and
n recol-

3specta-
mattei>
1 of the
. Will
1 vie\vs

itranj^er
itation.

sonable
We are
of the
d them
iven to

said he
should
s way.
laugh -

as to
He
in less
n into

kind.

le,

he
hearts

nre indiscreet. A dozen words which he had heard from our
lips, told without any evil intention to some of the Tories,
would most likely have produced the same result. But let
him show himself, with only a thousand men, on this side of
the line, a number barely sufHcient to give us some hopes of
success, and we will fight our way through the ranks of the
enemy to join him; and so will three fourths of Canada. We
are no cowards; we want liberty, and are willing to fight for
it; but experience has taught us j)rudence. You Americans
judge us harshly; you say, 'if the Canadians want a change of
government, why do they not turn out and fight like men, as
our forefathers of '76 did? This would be some proof, and
we, as Americans, should have an excuse, as well as confi-
dence, to help them.' But compare our situation with that
of the thirteen American colonies in '76, and you will find
less reason to condemn us. You were far more numerous
than we are, although the proportion of your Tories, was
greater than ours. You had an immense territory to fight
and organize upon ; when defeated in one colony you could
retreat to another, and there collect your scattering forces
and again unfurl your banner. The British could only main-
tain their authority and supremacy at a few important points,
in the vicinity of which the Tories exerted the same evil
influences that they do here; and the revolutionists were as
glad as we are to remain quiet. Our territory is so limited
that the British forces, combined with the Tories, awe us
all at one time. We are so narrowly watched that a man
cannot stir from his own door without exciting suspicion,
or trust his best friend with the secrets of his heart, lest
indiscretion should betray him. An informer can reside in
a neighborhood without being suspected, and by simply
going to a magistrate and making oath that he suspects
certain parties of treasonable practices, cause them to be
thrown into prison, without further ceremony, where they
must lie, until the habeas corpus comes in force."

On my arrival in Canada, I found the inhabitants under the
influence of intense excitement, occasioned by the past and
pending executions ; and when I made known my business,

N^TRA OF AN EXILE, ON CANADA,

all were anxious to join in the enterprise. Had the nature
of the case required it, thousands, instead of hundreds, were
ready to risk their lives to save the doomed men. The
murderous sacrifice of the lamented Lount and Matthews
had so wrought upon their minds as to render them regard-
less of consequences.

Leaving Dr. W. to select the necessary number of men
from the host of anxious volunteers, and force his way under
cover of night and the bush to Hamilton, I rode forward to
make the necessary arrangements. My friends carrying me
from one town to another, and only stopping to exchange
horses and their riders, I got neither sleep or rest for four
days and nights, except at the intervals of exchange, which
seldom exceeded twenty minutes. For forty-eight hours it
rained or snowed incessantly, in consequence of which my
overclothes were frequently covered with ice an inch thick,
yet I never heard a word of complaint from my guides, nor
saw a man who did not, on learning my business, bid me
God speed, and with very few exceptions, ask permission to
join the party. Old men seemed to forget their age and
families, and young men their sweet-hearts.

One noble-hearted Canadian youth, living near the Short
Hills, of most respectable connections, Mr. John W. Brown,
accompanied me for a few miles on Tuesday evening.
Pleased with his zeal and gallant bearing, I promised him
that he should share in the enterprise if he liked ; at which
he was greatly overjoyed, and cut many a wild freak with
his horse, jumping him over stumps and fences, to show his
dexterity and horsemanship;. often, the while, muttering to
himself, "They shan't be hung, by G — d! Death! — what
if I am killed] who would not die in such a causel" Those
of my readers who have read the beautiful and affecting
story of Lefevre, will pardon me for introducing the above
sentence. I have known the young man since for a long
time, and never heard him utter another oath, or make use
of an improper word. At the exchange of horses, I had
scarcely bid him adieu, ere I heard a faint groan, evidently
proceeding from my friend. Upon inquiring if he was hurt,

RNOLAMD AND VAN D1RMAN> LAND.

te nature
Jds, were
n. The
Matthews
I regard -

■ of men
ay under
rward to
ying me
xchange
for four
I, which
hours it
tiich my
1 thick,
ies, nor
bid me
ssion to
ige and

! Short
^rowii,
•^enino;.

ed him

which

: with

ow his

ing to

-what

Those

ectina:

above

lonjj

e use

|[ had

ently

hurtj

he replied that the hoise had merely given him a siight kick;
and entreated me not to stop on his account, as every mo-
ment's delay was of importance. I afterwards learned that
his leg was broken, and fear of causing me any delay^
prevented him from acknowledging the truth. Such was a
Canadian youth.

On Wednesday evening, I found myself in the vicinity of
Hamilton, and nearly worn out with fatigue. In the morning
[ called upon a man by the name of Jorden, a schoolmaster
by profession, who professed to be a staunch Rebel, and
desired him to go in the evening, and guide a party of men
from a certain point in the bush, to the place of rendezvous.
After parting from him, I altered my dress, wig, &c., and
felt myself secure in entering Hamilton. This precaution,
as the sequel will show, proved to my advantage. I was
not a little surprised to find the town full of soldiers, and
the militia hastily pouring in from the surrounding country.
Hastening to my friends who were greatly alarmed at seeing
me in the midst of my enemies, I was informed that I had
been betrayed. Information had been given to government
that 2000 men mere coming to rescue the prisoners; with all
the details of my plans. Every thing was correct, except
the cipher added to the 200. They informed me that Dun-
dern Castle, the steamboat, entrance to the harbor, jail and
surrounding buildings, were all strongly guarded by militia
and British regulars; (a goodly number of the latter being
necessary to secure the obedience of the former;) that the
government were greatly alarmed, and had, upon receipt of
the information, instantly granted a respite to the prisoners,
and caused news to be circulated in great haste throughout
the country that there would be no more executions for
political offences. And, in short, they greatly feared the
vengeance of the whole country. Messengers were imme-
diately despatched to intercept my men, with news of the
safety of the prisoners, and orders for them to return in
secrecy to their homes, which was done ; and the authorities,
after much investigation, came to the conclusion that there
had been no rising. As for my trusty guide, Jorden, he went

NOTES OP AN EXILE, ON CANADA,

near enough to the party to see them in the bush, hastened
to town and made oath to the fact; but the magistrates,
haying been before imposed upon with false information,
detained him in custody, while they sent spies to reconnoi-
tre. In the mean time, the men had returned as ordered,
and the treacherous Jorden, in spite of oaths and protesta-
tions of innocence, was committed to jail, to take his trial
for perjury, and eventually received a sentence of three
months imprisonment.

Putting up at the hotel generally frequented by the British
officers, I enjoyed an agreeable chat at the dinner table with
several epaulet gents, who threatened utter extermination to
the Rebels, who were expected to attack the town that
night; and after each had proved himself equal in strength
and prowess to a host of Yankees, the conversation turned
more particularly upon the leader of the party, whom they
described as a tall, ferocious-looking Yankee. "I hear,''
said a young lieutenant, *'that he disguises himself with
false wigs, whiskers, &e., but I defy the devil to cheat me;
let me see him but for an instant, and I'll detect him I
warrant ye. — I should like to get hold of the fellow," said
he, ad(iressing me; "we would hang him without judge or
jury." "Ah yes," responded several kindred spirits, "we
would burn him alive for his presumption in daring to trust
himself this side of the line."

" These Yankees are strange fellows," I replied, and rose
to leave the table.

" Gentlemen," said an elderly officer, who had hitherto
listened with evident disgust to the conversation, " you
talk bravely when there is no danger, but, place you face to
face with this same Yankee, as you term him, and may be you
would brag less. I was at the battle of Lundy's Lane in
the last war, and I assure you, we British did not feel like
boasting during the action, although we have learned to do
so, since there is no longer danger of a fair fight."

This was a bold speech to men already inflated with wine,
and, before he had done, I observed seveial young officers lay
their hands upon their sword hilts ; but the offending party

V§

ENGLAND AND VAN DIEMAN^S LAND.

merely smiled a glance at me, and added, " Do you, younjj
gentlemen, understand the sword exercise 1 I have pracHced
much in my time, and hold myself a match for half a dozen
raw hands." This speech set the young fellows to playing
with their military buttons. I replied, that my profession
made it unnecessary for me to learn fencing, except as an
accomplishment. The veteran then rose and left the room
without ceremony, but I noticed a sarcastic smile upon his
honest, open countenance.

As he passed out, he beckoned to me to follow ; and when
alone, thus addressed me, —

" My friend, I perceive from your manners and address,
that you are an American."

I felt my false whiskers actually twitching my cheeks, and
the hair of my wig standing on end ; but maintained iiiy com-
posure and thrust my hand carelessly into my pocket, where
lay a trusty pistol, which, somehow, seemed to cock itself
when my fingers came in contact with it, with an audible
''Click:'

Whether my new acquaintance heard the sound or not, I
<:annot say ; at any rate he took no notice of it, but contin-
ued:

"I thought, my friend, that I might serve you by a hint;
you will be liable to abuse if those hot-headed young gents
suspect your nationality, and I should be very sorry to have
any of your countrymen insulted here. Should there be any
thing worth noticing, he added, I dare say you carry pistols,
and know their use?" Here I could scarce refrain from
drawing one forth and demanding silence from his officious
tongue ; but I waited with impatience to hear "what next ?"

"In such a case — that is, you understand me — a case that
requires a friend, I shall be happy to act in that capacity. —
I have a brace of as good duelling pistols, should yours not
answer the purpose, as ever winged an impertinent green-
horn; they will be at your service, as well as myself; and
now, here is my card. I trust there will be no occasion for
you to trouble the owner for the purpose we have men-

NOTES OF AN EXILE, ON CAN AI>.i,

tioRed^ but you must give me the pleasure of your company
<over a bottle of old Madeira, this evening. I have always
liked your countrymen since they, fought so nobly in the last
war. Nationality ? pshaw ! nationality, sir, is nothing ; a
s:enuine British officer is a gentleman, and all real British
officer's like, as well as I do, brave, honorable people, no
matter what nation they belong to 4 in peace ti>ey are
friends, and if in the hour ot battle they must be enemies^
^\'hy," said he, a smile lighting up his fine countenance, "il
they fight as well as you Americans, the moment fighting is
over, they are friends again. I knew a little occurrence to
the point, happen in the last war. I was out with a small
scouting party, and unexpectedly fell in with about an equal
number of Americans.

Both parties fired simultaneously, but from the haste and
surprise of the moment, without doing'^any damage beyond
that of making a button-hole or two in some of our coats. —
But while reloading for another discharge, I observed a
haversack among the Americans, which appeared to contain
provisions, and had myself fired at a fellow picking a bone
of some kind. Now, I was deuced hungry, and so were my
men, but w^e had nothing except three flasks of good o]d
whiskey, wherewith to satisfy the cravings of appetite ; con-
sequently, I, for one, and T think I may safely include my
companions without beiieing them, felt more like eating
than fighting. The moment our pieces were loaded, and
your countrymen had already brought theirs to the ' present,'
I sung out, — *Hold! friends, a parley.' ^A parley it is,'
said the American ensign who commanded. ' Men, ground
your arms, but stand ready for action.' I seized our whis-
key flasks and holding them up, said, ' we have three flasks
of whiskey; what have you in that haversack of yours?'

* Roast fowls, brown bread and cheese,"' was the reply.

* What say you to sharing it with us, my good fellows ?
We are hungry, and after we have had :i lunch, and all got rt
sip of our whiskey, why, we can fight all the better if neces
sary.^ A loud laugh was the first answer from both parties ;
a short consultation followed among the Americans, when

ENGLAND AND VAN DIEMAN^S LAND.

' company

ve always

in the last

othing; a

il British

eople, no

ti.>ey are

enemies,

lance, "ii

ighting is

rrence to

h a sranll

an equal

laste and
! beyond
coats. —
served a
) contain
I a bone
vere my
ood old
e ; con-
ude mv
eatin<i
ed, an(i
esent,'
it is,'
ground
r whis-
flasks
rours?'
reply .
lows I
gotrt
neces
irties ;
wheii

they all stacked their arms against a tree, and I ordered my
men to do the same. The whiskey flasks and hayersack
made us good friends for an hour, and when we came to the
last flask we arrived at the sage conclusion, that it was of
no use for friends to fight ; so both parties pledged each
other in a parting glass, not only not to fight, but to keep
the secret, and I have kept it on my part till now ; but f
know there is no impropriety in telling it to an American;
and, d'ye see," said he, offering me his hand, "it makes us
acquaintances and friends."

I thanked him for his stoiy, and kindness in offering his
services; assured him that I should pocket no insult from
the jackanapes in the adjoining room, and should feel great
pleasure in accepting his kind offers in case of need. This
elicited another warm shake from his hand, w^ith the remark,
"I like a gentleman who understands such matters, — don't
disappoint me to-night." I assured him I took too much
pleasure in his society to allow trifles to prevent me from
doing myself the honor; and we parted. Bitterly did I
regret the circumstances which afterv/ards happened, that
rendered it impossible for me to keep the appointment; for
I promised myself a rich treat in his agreeable conversation.
An open hearted, liberal minded man, I always adored.
What a contrast was there bet\veen this gentleman, and the
young officers. Experience had taught the one all the
essentials of the gentleman and soldier, without hardening
his heart or prejudicing his mind against his fellow creatures;
while the want of experience, and, it may be, of good prin-
ciples, had made the others impertinent, proud and vain.
Pope says truly, —

Prill*, wherfl wit fails, stepi in to our defence,
And fills up all the mighty void of sense.

Leaving the hotel, I repaired to the store of the Messrs.
Mills, brothers, one of whom was at Lockport as a refugee.
About 3 o'clock, P. M., Sir Allan McNab, Commander of
tlie forces, Colonel Lang, Judge Jones, the magistrates of
the town, and a large number of other gentlemen, came into
the store, and, without ceremony, commenced scrutinizing

1 •

: I

I
iiJI i

hi ■

tu! '

ZrOTES OF AN EXILE, ON CANADA,

my person. Not a word wa5 spoken, but all gazed eagerly
upon my countenance, as if expecting there to read the
information they were in quest of. Guessing the purport of
their visit, I assumed a careless indifference, and inquired of
Mr. Mills, if what I saw before me was a fair specimen of
Hamilton breeding and etiquet ; but he gave me no answer.
The British nabobs continued to stare at me for about 20
minutes, without speaking, except in low whispers to each
other, intended, doubtless for my ear, to see if they could
awaken my fears to a betrayal of guilt; such as, <^It is
him; there can be no mistake from the description," — " He
can't escape us," &c., &c. — after which, as if satisfied, they
retired as they came, leaving two policemen to guard the
door. Turning to Mr. M. I said, " If you are ready. Sir, I
will close my business with you." ** Certainly," said he,
*'step into the counting room." This room was at the
opposite end of the store. He followed me, closing the
door of the room after him. In five minutes I had altered
my disguise — passed through a trap door into the cellar, and
from thence into a back street. Before, however, I had got
twenty rods from the store, upon looking round, I saw a
company of soldiers surrounding it, and the whole posse of
my late visiters entering the door. Casting occasionally
" a longing, lingering look behind," I hastened out of town,
and in half an hour joined my good friend Dr. Wilson. We
both laughed heartily at my narrow escape from our enemies,
who, as I afterwards learned from Mr. Mills, were greatly
incensed at my good fortune, and busied themselves in
searching the town and country for several days, to catch the
"Uall Yankee sympathiser," as they called me.

We closeted ourselves until twelve o'clock that night,
when we repaired to the ground where our party were to
have met and mustered ; secreting ourselves so as to see the
whole field. At the precise moment fixed upon, several
companies of infantry and cavalry marched into the field ;
proving that the traitor had told all that he knew, and that
traitor was Jacob Beemer ! No other person had known
aught of the details, of our enterprise. I afterwards learned

■WWMM

■MPI

ENGLAND AND VAN DIEMAN's LAND.

that the miscreant, instead of doing as he promised, crossed
the ferry at the Falls, the next morning, and made oath to
the facts before a magistrate; and, in order to magnify his
services, had sworn that 2000, instead of 200 men were to
attempt the rescue ; thus committing the double crime of
treachery and perjury — treachery to his own uncle and six
others who were under sentence of death, and 200 men who
were risking their lives to save those men from the gallows!
And what was the price of his treachery? what was the re-
ward of so hellish an act ] Simply this, reader: to be allow-
ed by the Canadian authorities to return unmolested to his
home in Canada, from which he had fled like a coward ! He
was safe in the United States, his property in Canada small,
and he could have sent for his family, and obtained an honest
livelihood on the American side until the rebellion was over;
but, rather than submit to this trifling inconvenience, he
did a deed, compared with which Arnold's treachery was a
virtue. Such was the Prince of Traitors* Jacob Beemer.

CHAPTER III.

Gen. McLtod. — Anecdotes. ^ The Short Hills party. — Crossing the Niagara.—
Camp of the Rebels. — Attack on the Enemy. — The Prisoners. — Murder pre-
vented. — A night in the bush.

On the 12th of June, 1838, a messenger arrived at Lock-
port, bringing intelligence to Gen. McLeod, at that time
Commander-in-chief of our forces, that a small party of men
had crossed the lines under cover of night, and were then
in the vicinity of the Short Hills, awaiting orders from the
provisional government. Extensive preparations had been
making for months, to invade Canada on the coming 4th of
July, and every possible precaution had been taken to pre-
vent frontier disturbances until that time; and, as the present
movement was calculated to frustrate our plans, I was imme-
diately despatched by General McLeod, with orders to bring
2

NOTES OF AN EXILE, ON CANADA,

them back to the States, if possible, without delay. On
taking leave of the General, he said, " Be careful of your
own safety ; it will be hard to lose you, through this mad
scheme. " Poor old man ! he little thought of the fate that
awaited me, or we had not thus parted ; yet there seemed to
be a foreboding of evil on his mind, for when I pot to the
door of his apartment, he called me back, hesitated, and
laying his faithful and well-tried hand upon my head, said,
"If I thought it possible for you to fall into the power of
those Philistines, I would sooner cut off my right hand than
send 'you ; but no ! you must succeed ! the path of duty is
alone the path of safety ! Go, and God bless you." There
was a solemnity in his words and manner, that caused a dark
cloud to hover, for a while, over my youthful hopes and
visions. His parting look seemed still to be fixed upon me
for years after ; and well it might, for it was the last look of
one, whom I loved almost as a father. What his fate has
been since, I have never ascertained, but he deserved a
brighter and happier one than has fallen to most of the faith-
ful, devoted friends of Canada. In his own country the
scaffold was erected for him, and in our boasted land of
liberty, the arm of the law was upraised to strike him,
for striving to collect and lead back to their homes his
wionged and suffering countrymen. "Were our laws of neu-
trality just? Was there any moral obligation attached to
their observance 1

The General was subject to considerable persecution by
our authorities. He once favored me with two or three
anecdotes connected with it, that were somewhat amusing.

" During the winter of '37," said he, "while traveling
near the lines, in the State of Michigan, I learned that a
Marshal of the United States was in pursuit, with a warrant
for my apprehension ; information having been given to your
authorities, that I was levying war within your territory,
against the British government. Retiring to the house of
an old Scotch friend, I told him my danger, and requested
him to secrete me until it was past ; but he declined, saying,
there were no good hiding-places in his house, which was

ENGLAND AND VAN DIEMAN^S LAND.

sure to be searched, and if I were found there, it might get
him into trouble. His wife interrupted him, exclaiming,
< La, man, have you no ingenuity? Nothing is easier than
to cheat the Marshal.' Taking from her wardrobe a suit ol
her own apparel, she ordered me to put it on, sit with my
back towards the door in a room up stairs, and busy royselt
at sewing during the search. I found some difficulty, I con-
less, in completing my toilet. The dress was a mile too
small, and I am a little too enbonpoint for a fine figure, but
a large crape shawl covered the principal deficiencies. I
soon heard the Marshal announced. * I regret the necessity
which compels me to search your house,' said he, ^but I am
informed that General McLeod, for whom I have a warrant,
was seen, not long since, to enter your doors.' ' General
McLeod is not here,' answered the woman, ' and I wonder
how you can have the assurance to come here for the pur-
pose you avow, but since you desire it, you can search in
welcome ; only, be careful not to frighten by your rudeness,
ray poor old grandmother, w^ho is extremely nervous. The
sight of a stranger, sometimes greatly agitates her ; so be
careful. You will find her in her room up stairs.' The
Marshal promised not to frighten the old lady, and pro-
ceeded to his task. After rummaging every room in the
house, he opened my door cautiously, (I was busy sewing
as directed,) stepped in on tiptoe, looked under the bed,
and withdrew without even causing the old granny to look
up, as he boasted to my good friend below. I resumed my
own garb, and remained in the house till night. About 9
o'clock, a neighbor warned us, that the marshal would be
there again in a few minutes. I was about making my
egress at the back door, when my worthy hostess ordered
lae to put on her night-dress and cap, take her place in bed,
and lie, said she, with much emphasis, with your face to the
wall ; she then left for a neighbor's. I was soon occupying
her place by the side of her honest spouse, and when the
door opened, tried hard to snore softly like a woman. In
came the Marshal swearing like a trooper. He knew, he
^akl, that General McLeod was in the house, and he would

ill

i!!

NOTES OP AN EXILE, ON CANADA,

search until he found him. My hed-felloW told him to do
SO as long as he pleased. The house was soon turned up-
side down, but no traces of McLeod. He was approaching
the bed where I lay snoring, when my good husband seized
a vessel from underneath, and swore if he did not make off
with himself he would certainly throw it into his face ; but
fear of the contents of the great tea-cup, sent him out of the
house without much ceremony.

"On another occasion, while traveling in Ohio, General
Scott, of the United States army, gave me a warm chase. I
stopped at a hotel, the landlord of which was a Patriot, for
a fresh horse ; but before he could be saddled, Scott arrived.
The landlord stowed me underneath his counter, among the
liquors. Scott came in and inquired if I had been there. —
' Yes,' answered mine host, * he left about 15 minutes since.
You will soon overtake him.' The General ordered fresh
horses, and passed into the sitting-room. The landlord
closed the door after him, hurried me from my hiding-place
into the boot of Scott's coach, in the place of luggage,
ordered the driver to let me out at the next change of horses,
and called to the General that all was ready. * I'll catch
him,' said he, *in no time.' Crack! went the driver's
whip, and away we flew at the rate of twelve miles an hour.
At the end of fifteen miles, horses and coach were changed,
I kept my place, and overheard Scott swearing that he had
lost the scent, as McLeod had not been seen to pass. He
returned to try the chase over, and in ten minutes' time I was
introduced to the landlord as part of General Scott's very
valuable luggage. ,

"But my adventures with the General did not end here.
About a week afterwards, while driving my own horse and
jumper, in the disputed territory of Ohio and Michigan, 1 heard
that my old friend was agam on my track. I called on a
Dutch friend, told my danger, and asked for shelter; but ho
found many weighty excuses for decUning the honor of my
company. Not so his wife. * I have it,' said she. ' John,'
(meaning her husband) 'was just going to town, with our
negro servant to drive his team; change clothes and places

ENGLAND AND VAN DIR.MAN^S LAND.

him to do
turned up-
iproachihg
and seized
t make off
5 face ; but

out of the

3, General
chase. I
'atriot, for
tt arrived,
imong the
1 there. —
ites since,
red fresh

landlord
ling-place

luggage,
of horses,
ril catch

driver's

an hour,
changed,
t he had
ass. He
me I was
tt's very

nd here,
orse and
, I heard
ed on a
but he
of my
'John,'
vith our
d places

with him instantly.' As I had trusted to woman before witli
success, I felt ho hesitation in doing so again; and in five
minutes' time was rigged out as a negro servant, my face
and hands blacked, &c., while Sambo, attired in my fine suit.
with much dignity and importance, jumped into my sleigh,
and was thus charged by mine hostess, — 'Now, you black
scoundrel, if you fail to use the whip, or look back before
General Scott drives ])ast you, or dare to answer any of his
(juestions, I'll flog the skin off your back with my own hands.
Away with you, and recollect.' *0h, Missus,' said Sambo,
'me do mo best." 'That's a good fellow; you shall have n
new^ coat and hat if yon obey me,' she answered; and away
he went, ]>lying the whip most faithfully on my poor Dick's
flanks. He wore my Scotch fur cap, which, from its peculiar-
ities, was (jiiite unlike others worn in the country, and by
which Gcjicral Scott had tracked me for two hundred miles.
As for the Dutchman and myself, wc seated ourselves in his
sleigh; I took the reins and Sambo's place. In a few minutes
we met the pursuer, whose fine horses were foaming. I
pulled my old hat over my eyes, while he drew up and
inquired of the Dutchman if lie had met a gentleman in a
jumper, wearing a large, high, and very curious Scotch fur
cap? ' Yes, sir,' was the answer, ' he passed us half an hour
since, driving hard.' 'That, my good friend, was General
McLeod, of the Patriot army. He has given me a good chase,
but his race is nearly run. I'll catch him this time, or my
name is not Scott,' and away he flew; while we made the
best of our way into the adjoining town. Meanwhile, the
negro plied the whip faithfully; stimulated, no doubt, to win
the new coat and hat. Scott soon hove in sight, and when
within about 100 yards, began to shout at the top of his
commanding voice, — 'General McLeod! General McLcod!
I have a warrant for you, — surrender, you can't escape;' but
the crack of his whip was Sambo's only reply. 'I say.'
shouted he again, when he had got nearer, 'why don't you
surrender] I'm Major General Scott, of the United States
army; — I've been dogging you these three days. You ought
to have thrown away your military cap! ha! ha! ha! — surren-

MOTES OF AN EXILE, ON CANADA,

n ,■

n
a

i I

der, General McLcod, surrender.' In a moment or two, 8cott
was alongside, and clapping his hand upon the shoulder of
my humble representative, who averted his face as much as
possible, he exclaimed, 'General McLcod, you are my prison-
(jr.' 'Vot zur?' said Sambo, turning his black visage, and
showing his ivory to great advantage; *vot you zay, zur? you

— nigger,' was the

no have arres' poor Sambo!' 'You —

j)assionate exclamation, "where did you get that cap?' "

James Waggoner, and a young friend by the name of David
Deal, accompanied me to the Short Hills. The latter was
one of the celebrated "Bill Johnson's" men, at the burning of
the Sir Robert Peel steamboat, and the Thousand Island
adventures. Ho was a brave young fellow as ever lived, but
had no discretion. In short, as the General said to mo ontj
elay, he was worth half a dozen prudent men at har<l fighting,
Ijut required an equal number of guardians, at other times to
keep him out of mischief. Crossing Grand Island, we landed
on the Canada shore under cover of night. A few minute:>
before landing, I observed my young friend examining th(}
j)riming of his double-barreled gun and pistols. A glance at
the shore explained the cause of his alarm; it being lined lor
a few rods with bushes, which, in the dark, aided by the
imagination, might easily be conjured into cavalry, with their
night cloaks, plumes and lances. "Hist! hist!" s;ii Deal.
The boatmen lay on their oars. "No noise for your lives,"
whispered he. "Our bravery is about to be tried, my lads,"
I exclaimed, in a low voice; "look well to your arms, but by
no means fu'e, until you see the flash of my rifle." "What is
it!" whispered both boatmen in one breath. "Don't you seef
said Deal, " a whole company of horse ranged up on the bank,
waiting to receive us with all the honors of war. Is it not
lucky! by Jupiter ! — we'll have each a horse to ride up to the
Short Hills upon. Let me see," added he "bringing his piece
to his face, " how easily I could coax that tall fellow with the
lofty plume to dismount." "Remember your orders," I ex-
claimed, and with much reluctance he let the piece fall to its
usual position, muttering, "It's a shame to lose so good an
aim. I had him fair between old Bet's muzzle and that patch

RNOIiAND AND VAN DIRMAN 8 LANOw

2:1

of blue sky yonder. My aim was high, lest I shoiiiJ spcil th'>
horse instead of the rider; besides, there's his fcath rs — ho v.
well 1 should look with them in my cap." By this time, the
boatmen, who had been whispering together, showed strong
symptoms of rebellion. "I'm going back," said one; *'I didn't
row you three fools over here, to be shot at for my pains, like
a muskrat, by a whole troop of regular Britishers — not T; so
here goes! Round to the boat, Jim, quick!" ''Not so fast,
»ny good fellows," I replied, cocking my pistols, ''you have
had your pay for landing us on the Canada shore, and I shall
take care that vou do it." " For Heaven's sake, don't fire !"
said he, his teeth chattering with fear. " Oh, my poor wife !
Oh, my — .'' "Silence! dastard! — give me your oar and lie
down in the bottom of the boat." The fellow required no
urging to get out of harm's way. "Now," said I to the
others, "jump on shore in the midst of them the moment we
are alongside. I will push off the boat for these cowards,
and join you in time to mount a horse, — mind. Deal, and^pick
me out a good one." "Shall I stand about getting you any
feathcrsr' he replied, "they arc very nice; only see how
gracefully they wave in the wind!" "A horse first," I an-
swered. In a few moments we were near enough for Deal
to make a spring of about eight feet to the shore, shouting, —
"Now, you infernal Britishers, surrender, or you are gone
suckers, every nigger's soul of you." I could contain myself
no longer, and burst into a hearty laugh. "The rascally bush-
es and stumps!" he exclaimed, in a great rage; "and so we
must walk our journey after all; feathers and all gone, too, by
Jove!"

We found the camp of the hardy little party in the bush,
about three miles from St. Johns. They were only thirty in.
number, mostly young men, all well armed and resolute-look-;
ing. I found, upon inquiry, that the neighbors, visited them
daily, supplied them with provisions, &c., but refused to join
them until a reinforcement of 500 men, (which the leaders had
promised,) should arrive from the States. The traitor, Bee-
mer, was among them, — Dr. Wilson, and others. I was
introduced to their leader, Col. James Morrow, to whom I

ft"

IN NOTES OF AN EXILE, ON CANADA,

delivered the written orders of General McLood. He road
tlicm with surprise, and I soon perceived from his conversation
that the party had made him their dupe. He informed mo,
that he had fallen in with some of them, on the American side
who told him there were 3000 men in the Niagara district,
ready to join him if he would only go over and act as their
loader; that he was uninformed of the plan, organization, &c..
of the Patriot forces, and knew not that they were opposed
to the present movement. I made him a member of tlu*
Hunter's Lodge, and communicated to him such information
as I deemed prudent; after which he no longer hesitated, but
called the party together, and informed them of the orders he
had received from General McLeod; animadverted severel)
upon the conduct of those who had deceived him, pointed out
the impossibility of rendering the Canadians any service with
so small a party of men, and concluded by entreating them to
return with him at once, promising them a more favorable
opportunity in a few weeks' time. After a short consultation,
they unanimously resolved, that, having come to Canada to
fight, they would not return without striking a blow; upon
which Colonel Morrow resigned his command, but informed
them, that although his duty and principles alike forbade
acting in that capacity, since he had learned the truth , yet
he »vouId remain with them until they w^re ready to return.
Finding it impossible to change their determination, I left,
according to my orders, to return to Lockport; but the alarm
in the mean time liaving been given, I found the lines so
strictly guarded by the enemy as to render it impracticable.
Retracing my steps to the Short Hills, for the purpose of
inducing them, if possible, to remain quiet until the 4th of
July, I found Beemer acting as their leader. Colonel Mor-
row's influence and my own exertions prevailed until the 21st
June, when a determination was evinced to fight. Beemer
endeavored to prevent me from addressing the party, saying
that I wished to excite them to mutiny against his authority.
I, however, obtained a hearing, and expostulated with them
upon the madness of their purpose. "It would ruin the intend-
ed expedition of the 4th, by forcing our friends in Caiiada into

KNOIiAND AMD VAN DIRMAN 8 LAND.

2r>

the ranks of the enemy, and sacrificing their lives; it hcin^r
ahnost impossible, for so small a party to escape from the
country, after the enemy was once roused to action.'* Mor-
row joined his oHorts to mine without producini^ any other
effect than murmurs of dissatisfaction. A finv Canadians,
who had joined that day, makini,' their luimher forty-nin(*, had
sense enou^'fi to listen calmly to reason, but the others per-
sistpd in their ^ )lly.

Beemer now addressed them. ''The time had come to
strike the first blow. It was true, they mij^ht placo them-
selves in jeoj)anly; but who amoni^ tluit little band had come
there to avrdd danjrer and not to court it? As for delavs, thev
were always dan^(;rous; delay had b(>en the biuK^ of the cause;.
If it was intended to invade Canada on the dth, they would
have the honor of bein<j; the first in the field; their names
would jTro down to posterity as heroes; and their j)raises be
sung as the true ch;iTn[)ions of lib(;rty. It was true, the stej»
they were alniut takin*,' was a bold one, but there would bo
the more glory attached to it. The Canadians, too, would
join them, when they knew there ^\^'re men in the connlry
who were determined to fight. Hitherto they had been
imjwsed upon by talk, but talking would never bring th^m
into the field, while fighting, it was hoped, would rouse then)
to action. There were Tories, too, whom it was intended to
attack that night, who had grown rich upon the spoils of the
country; now w^as the time to take their ill-gotten treasures
from them: who had a better right to riches thus acquired,
than men fighting for liberty?"

Here, then, was the, secret. Plunder was the reward
Beemer sought; and for this he was about to jeopardize the
lives of the party, and ruin our cause.

I protested in strong terms against robbery. ** Patriotism,
love of country, and liberty had no connection with plunder.
It would disgust our Iriends, and give to the enemy the
opportunity w^hich had been so long sought to charge the
Patriots with base, unworthy motives. They were not Pa-
triots who could rob. Strict orders had been given by our
authorities to respect private property: these orders were

■ ■ '»

NOT£S OF AN EXILE, ON CANADA,

about to be disobeyed; and the regulations hitherto main-
tained, 30 much to our credit and the advantage of ouv
cause, discarded. But let not those who had come to Can-
ada to plunder think they could do so with impunity. They
would be tried by court martial, and severely punished; and
their disgraceful deeds disowned by the constituted author-

ities.

I was answered, " Who were the constituted authorities'?
No authority was acknowledged here but their own. Gen.
McLeod, Dr. MeKenzie, Duncomb, and the whole host of
constituted authorities, must henceforth, if they participated
in the achievement of Canadian independence, obey them.
They were about taking the first step towards making their
power supreme."

I was too much disgusted to contend farther, and Beemcr,
after reminding them of the murder of Messrs. Lount and
-Matthews, and the cruelties practiced by the government and
rories, against the friends of liberty, and swearing that their
wrongs should be revenged, separated the party into three
divisions. He commanded the first in person, and left the
camp at 9 o'clock in the evening with his party, on a plun-
dering expedition, in the course of which, he robbed a Tory,
])y the name of Overholt, of one thousand dollars in specie.
The second division left two hours afterwards, to attack a
party of volunteers, who were stationed in the vicinity ; and
the third, soon after, took up their line of march for the little
village of St. Johns, where was a party of her Majesty's
lancers, and was joined by Beemer on the road. Morrow and
myself accompanied the third division as volunteers wishing
to share in the fight, and prevent what mischief we could.
About 2 o'clock in the morning, we arrived at St. Johns. —
The sentry gave the alarm, by firing his carbine at us, and
lied. After half an hour's fighting, during which two of our
men and two of the enemy were wounded, the lancers sur-
rendered, but not until our men had become greatly incensed,
and the fearful cry, " Give them no quarter! accept no sur-
render!" rang in their ears; when the counter one of ** quar-
ter! quarter! for God's sake quarter!" was soon heard. They

ENGLAND AND VAN DIEMAN 8 LAND.

ecmcr,
nt and
;nt and
it their
) three
?ft the
plun-
Torv,
pecie.
ck i\
and
ittJe
sty's
and
hi no;
uki.
US. —
and
oui
sur-
sed»
sur-
uar-
hey

occupied a hall in the second story of the village hotel. —
Beemer ordered them to be pinioned, and then commenced
his work of plunder. At 6 o'clock, A. M., he ordered ropes
to be prepared to hang seven of the lancers, whom he select-
ed for that purpose, telling them to prepare to die; "for,"'
said he, '*^ as sure as there is a God in heaven, I will hang you
on the trees of yonder forest, to avenge the death of Lount
and Matthews." The poor fellows begged him to consider
that they had nothing to do with the execution of those men;
that they had wives and children, who were innocent and
helpless; and that he had accepted their surrender as prison-
ers of war, imploring him with tears, to spare their lives; but
he replied, that he had only accepted their surrender, for the
purpose of hanging them; that he was not to be turned from
his purpose ; and again bade them make their peace witli
their Maker, as their time was short.

By this time, the other division had joined us, and- our
prisoners numbered about seventy. These, with the excep-
tion of the wounded, who were discharged, were all marched
in pioccssion, the doomed men in front, to wityess the intend-
ed hanging match. When, however, within about 200 yards
of the bush, fearing that longer delay would be fatal, and hav-
ing consulted Colonel Morrow, who approved of my inten-
tions, I gave the word of command to halt! The whole party
obeyed, and all eyes were instantly turned upon me. Bee-
mer turned round, and was met by my trusty pistols staring
him in the face, and I noticed that the coward quailed befortr
them: the man who was about sending seven men, unprepar-
ed, into eternity, could not look, without the greatest trepi-
dation, into the muzzle of a cocked pistol! " Jacob Beemer,
by virtue of the commission I hold in the Patriot service,
which entitles me to command here, and, in the name of the
provisional government of Canada, whose orders you have
disobeyed, I now place you under arrest." Calling two men
from the ranks, I ordered them to take him in charge. They
at first hesitated, but the sight of my pistols, brought them to
their senses. Inquiring of the other leaders, if they disputed
my right to command the party, Major Wait answered

i »

NOTES OP AN EXILE, ON CANADA,

promptly, " No, I wish you to do so, and put an end to these
horrid proceedings." After promising to send a ball through
the first man who should hesitate to obey my orders, I con-
tinued : "Your conduct, Beemer, has been most dis2;raceful.
Disregarding the common usages of war, you have been guil-
ty of the most shameful excesses ; setting at defiance the au-
thority of the provisional government, you have, under the
guise of patriotism, committed the crime of midnight robbery;
you have plundered your prisoners in open day, in the pres-
ence of the people of Canada, in whose behalf, you profess to
have made this movement; and, what is still worse. Laving
accepted the surrender of these men as prisoners of war, you
were now, about to add to the black catalogue, the horrid
crme of hanging seven of their number upon the trees of yon-
der forest. There lie the ropes, prepared by your orders, for
the consummation of the cold blooded murder. Your con-
duct, should you and I have the good fortune to reach the
American shore, will be investigated by the proper authori-
ties. But I am unwilling to believe, notwithstanding these
ominous preparations for bloodshed, that you really intended
to carry out the measures you have avowed; and I now give
you an opportunity to retract. In the presence of these wit-
nesses, I implore you, for your own sake, if you are aught
but a demon in heart, to disown the intention of murder."

Without hesitation he replied, with an oath, that such was
his determination, and, but for my interference, he would have
hung them all, to avenge the blood of Lount and Matthews.

"I thank Heaven," I replied, "that I am here to thwart
you. Now, sir, empty your pockets of the booty you have
collected tj;iis morning."

With great reluctance, and quivering with rage, he allowed
one of his guards to search him: and, from his coat, waist-
coat, and breeches pockets, watches, purses of money, and
valuable trinkets were drawn forth and laid in a heap before
him. " Now, sir, whose coat and waistcoat have you pur-
chased this morning?" " They are mine," answered one of
the prisoners, ''he compelled me to exchange for his old ones,
after our surrender." " Slrip, scoundrel, and let us see you

ENGLAND AND VAN DIEMAN's LAND.

d to these
II through
rs, I con-
ssjraceful .
Deen guil-
:e the au-
Linder the
t robbery;
the pres-
3rofess to
e, having
war, you
le horrid
;sof yon-
rders, for
''our con-
reach the
• authori-
ing these
[intended
low give
lese wit-
re aught
rder."
iuch was
uld have

thews.

thwart
ou have

llowed
waist-

ey, and
before

)u pur-
one of

[1 ones,
e you

in your own regimentals again." A loud laugh arose from
all hands while the re-exchange took place. Ordering the
prisoners to be untied, I directed them to come forward and
select their property from the heap which Beeraer's pockets
had yielded; which being done, I said to them, ''I am about
to discharge you, provided you arc willing to swear upon
the Bible I hold in my hand, that you will immediately
retire from the British service, and never again take up arms
against the Patriot forces." I then administered a solemn
oath to each to that effect, and concluded by saying, "You
are now discharged from custody. Return to your homes;
and when you see the standard of liberty unfurled by your
(•ountrymen, I hope to see some, if not all of you foremost
in our ranks. But carry with you, wherever you go, the
conviction that the Patriots of Canada are neither robbers
or murderers, but actuated by more noble purposes than
have been evinced by the commander of this party; and rest
assured that he will receive that punishment at their hands
which his disgraceful conduct deserves. And, inasmuch as
mercy has been extended to you on this occasion, and some
of your number have been saved from a fearful death, should
any of this party, who have been your captors, and are not
accountable for the acts of Beemer, unhappily fall into the
power of the authorities you have served, (which may Heav-
en forbid,) let the remembrance of this day's deliverance,
warm your hearts towards them, and lead you to exertions
in their behalf. For the part which I have acted on this
occasion, I ask not your thanks nor your gratitude. I have
only done my duty to the cause I serve; and now, farewell."
Warmly did they shake my hand, and many a "God bless
you" escaped from their lips. Those whose danger had
been most imminent, wept freely during the occurrence of
the foregoing scene. Every man in our party, except
Beemer, appeared to rejoice at their liberation. One of the
released lancers asked to have his arms restored to him, but
I told him they were ours by the usages of war, and he must
content himself to walk home without them, where they
could be of no service, if he intended to keep the oath he

NOTES Of AN EXILE, ON CANADA,

had just taken. The officer in command of the lancers also
requested to have the colors of his company returned, but
was informed that trophies of that kind were very valuable
in the United States. I observed that ray young friend Deal
had accommodated himself with a spirited horse, and was
showing off, to great effect, the beautiful plumes he had cap-
tured from the lancers. He had behaved most gallantly
during the little action of St. Johns; and the same might be
said of the whole party, generally; not one, except Beemer,
had misbehaved in any respect, and their conduct and de-
meanor convinced me that, however indiscreet they had been,
iheir motives were good.

After the prisoners had retired, I resigned the command of
the party into the hands of Beemer, and on the following
day left them, thinking myself fortunate in escaping his
vengeance. He swore that he would have satisfaction for
my interference, &c., by sending a ball through me, which,
however, he would scarcely have found courage to do, even
l)ehind my back, so pusillanimous was he in all his actions.
Before leaving, I told the party of my intentions, and advis-
ed them to separate, and, if possible, find concealment until
the present danger was past, the whole country being in
pursuit. I afterwards learned that in less than an hour
Beemer was left alone. He had neither the ability or courage
to lead his men out of the danger in which he had placed
them, to gratify his own evil passions.

Having many friends in Canada, I felt no concern about
myself, nor dreaded danger. I could remain in the bush
until the first burst of excitement was over, and then take
private lodgings, and return, when convenient, to the States.
Little did I dream of the dark cloud which was fast gathering
over my head. Sanguine in my expectations, and almost an
enthusiast in our cause, — confident that I had been walking
in the path of duty, and that He who had hitherto been my
protector, in m.ore trying times than this, would still vouch-
safe His gracious care, and preserve me from falling into
the hands of the enemy, I knelt down that evening in the
forest, with feelings which, at this distant day, I recall Vtith

ENGLAND AND VAN DIEMAn's LAND.

3ers also
ned, but
valuable
nd Deal
ind was
lad cap-
;allantly
light be
Beemer,
and de-
id been,

[nand ol

llowing

ing his

tion for

which,

0, even

actions.

advis-

t until

ing in

hour

)urage

)laced

about
bush
take
[tales,
lering
[st an
Iking
my
fuch-
into
the
with

pleasure, and held communion with that Eternal One, into
whose hands I could with confidence commend my spirit,
when the shades of night called me to repose. In deep
humility and trusting confidence, I felt my spirit drawing
near to the footstool of Omnipotence, and my petitions
J ascending on the wings of desire to that gracious ear which

II is never closed, when sinful, erring man pleads humbly

with his maker. Could I forget, at that time, and had I no
petitions for my late companions, who were in greater peril
than myself? Had I no blessings to ask for those engag-
ed in the cause which I so much lovtd; no aid to implore
from the God of battles'? Could I forget, at that solemn
hour, when the soft murmurings of the evening breeze
seemed to whisper tales of loneliness, solitude and sorrow,
the distant friends, whose hearts were made desolate at my
absence? Ob, blessed and happy privilege! which allows
man, in humble confidence, to breathe forth the aspirations
of his heart, to a Heavenly Father, for mercies and blessings
to be showered upon the heads of the absent, loved and
worshipped ones. Thrice blessed privilege ! which encour-
ages him, to pray for those who have wronged him without
a cause: judging him, it may be, harshly; holding him res-
ponsible for actions which his Heavenly Father lays not to
his charge, and arraigning him before that bar where eternal
justice holds him guiltless.

"Sweet hour of prayer! sweet hour of prater !
That calls me from a worKi of care,
And bids me at my Father's Throne
Make all my vrams and wishes known."

I'hus prepared, I laid down to rest,— my bed and pillow
ihe faithful bosom of old mother earth, — my canopy a single
blanket, and the clear blue sky of Heaven, studded with its
sparkling gems of distant worlds, brighter and happier it
may be than our own home of earth; in which sorrow, sin
and death hold no dominion; where the footsteps of God's
creatures leave no marks of blight and crime, no print of
oppression and tyranny no hapless beings crushed beneath
their luthless tread; where the din of battle, and deadly strife

NOTES OF AN EXILE, ON CANADA,

ii ^:

between those who were created friends are never heard; but
universal love, peace and happiness reign in never-ending
triumph! Such a scene might have been even here. The
wisdom, goodness, and power of Omnipotemce has fashioned
all terrestrial objects to this end; has spread with a bountiful
hand the countless treasures of His storehouse, inviting all
to partake in peace, amity and love; has laid out a flowery
path for human life, pleasant, and beautiful to walk in; yet
man, in his folly, has made it a rugged, uneven road, demol-
ished all that was beautiful, planted briars and thorns, and
strewed it with relics of crime and woe ! Yet has eternal
goodness opened a new path, brighter and fairer than the
first to him who treads it with undeviating footsteps, but
rugged to the faltering and wayward, leading from the old
broad road of sorrow, woe and death, upward through fairer
scenes to the pleasant fields of Heaven. Reader, a poet has
described the entrance to this new path in words which thou
mayst understand, —

Methinks I ser a radiant cross displayed.
A wounded Saviour bleeds along the shade.

And the language of inspiration thus pictures its beauties to
the weary mortal, who would turn aside from the paths of

sin, —

*' The wilderness and the solitary way shall be glad for
them, and the desert shall rejoice and blossom as the rose.

"And the parched ground shall become a pool, and the
thirsty land springs of water : in the habitation of dragons,
where each lay shall be grass with reeds and rushes.

" And an highway shall be there, and a way, and it shall
be called the way of holiness; the unclean shall not pass
over it; but it shall be for those, the wayfaring men, though
fools shall not err therein.

" No lion shdl be there, nor any ravenous beast shall go
up thereon, it shall not be found there :

And the ransomed of the Lord shall return, and come to
Zion with songs, and everlasting joy upon their heads: they
shall obtain joy and gladness, and sorrow and sighing shall
flee away.''

ENGLAND AND VAN DIEMAN's LAND.

leard; but
er-ending
re. The
fashioned
bountiful
vitmg all
1 flowery
k in; yet
J, demol-
orns, and
IS eternal

than the
teps, but
a the old
agh fairer

poet has
liich thou

auties to
jaths of

^lad for

rose,
and the

ragons,

it shall

lot pass

though

shall go

ome to
els: they
g shall

Sleep, sweet and refreshing, soon bound my spirit in her
silken chain, and its tabernacle of clay feasted upon the
luxury of rest. Thus doth Night spread her mantle over
the earth, and rain her blessings upon weary man. Her
dark shades shut out, ior a season, those earthly visions
which excite his physical, mental and moral faculties, to
powerful action, toil and fatigue. Though the day be long
and wearisome; though its duties hang heavily on his hands;
though care and anxiety harass his spirit and becloud his
brow; though sorrow and grief wrap their pale, sickly shroud
around him, friends forsake and foes insult, till the pleasures
of earth become tasteless and insipid; though the sunshine of
his soul and the brightness of its wonted fires, are fast dying
away forever, and the star of hope has gone down behind
the hills of time, or is hidden from view by the dark clouds
of adversity, still doth Night, like an angel of mercy whose
countenance weareth the sweet, winning smiles of goodness
and peace, come with outstretched arms, inviting the weary
and heavy laden, to lay aside, for a season, their load of
earthly woe, and repose on her bosom of rest! Hushed be
his sorrows, and forgotten aught and all that has power to
pain, while he surrenders himself to the influence of "tired
nature's sweet restorer."

Morning, in ail its beauty and loveliness, soon dispelled

the mists of night; and the caroling of birds awoke my

spirit to join in their sweet songs of praise. The fresh less

of the morning breeze — the beauty of the rising su.. — the

pearly dew-drops glistening in his rays, together with the

melody which awoke me, all combined to banish every

unpleasant sensation; and, in spite of hunger, (having eaten

nothing for three days,) and the dangers which I knew

surrounded me, I joined in the general rejoicings of nature,

and welcomed the morn with feelings of unalloyed pleasure.

Thus it is that thou, Morning! art emblematical of youth,

and beauty, and love, and hope. Drawn by the foaming

steed of old Time, thy chariot the solar ray, thy herald the

twilight's faint gleam in the east, and thy mantle the bright-

aess of the sun, thou comest in the glory of beauty, trans-
3

NOTES OP AN EXILE, ON CANADA,

cendent in Joveliness, and radiant with hope, to grace the
new-born day ! Darkness, and solitude, and mists fly at thy
approach; and the night-tears of dew are hastily dried up
by thy smiles. Nature, animate and inanimate, awakes and
sings when thou comest in thy glory, and mortals hail thee
with the inspirations of hope !

CHAPTER IV.

Thefi, — The frlenrlly Magistrate. — Starvation in a Log-heap. — The Little Orphan
Girl. — The Peasant Woman. — The Enemy. — The Chase and Capture.

In the course of the morning, a cow, in her peregrinations
through the forest in search of food, accommodated me, after
an hour's coaxing, with ^ome of the fruits of her labor. I
humbly beg the owner's pardon for the theft, and the read-
er's for my impudence in recording it. It is a melancholy
fact that I followed her a long time with an old sap-trough
\inder my arm, and at last, by dint of perseverance and cow
tactics, succeeded in obtaining about one quart of the deli-
cious beverage, — not, however, before I had caught three or
four random kicks from her cowship. Now, curious reader,
thou wilt doubtless wish to learn how I managed, according
to the fashion of the dairy, to strain my ill-gotten treasure;
but I tell thee it is none of thy business. Hunger is an
importunate, and, wilhaL, very hard master, and it is possible
that Jonathan drank the old cow's health without due obser-
vance of the tedious code of dairy laws. Such things were,
doubtless, done in the ancient days of simplicity and " 710/-
over-nicety.^^ At "any rate, it was " swate to the taste," as
well as strengthening to the body. How my lips smack,
at this distant period, when I think of it!

1 remained in the bush until evening, when, after secreting
my rifle, sword, horse pistols, and indeed whole kit, (with
the exception of pocket pistols,) in the trunk of a decayed
Iree, where I could return for them, if necessary, I repaired

ENGLAND AHD VAN DIEMAN's LAND.

frace the
ly at thy
dried up
ikes and
hail thee

tie Orphan
ire.

inations

le, after

ibor. I

le read-

ancholy

-trough

nd cow

le deli-

hree or

reader,

lording

easure;

is an

)ssible

obser-

were,

" not-

^,'' as

nack,

eting

(with

[ayed

lired

to a small village where lived a faithful friend — a magistrate
— thinking to trouble him for a few days' private board and
lodging. I found, to my surprise and chagrin, the village
full of soldiers — militia of the country— and myself in the
midst ; but it was too late to retrace my steps, so assuming
the gait and manners of one of their own country people,
I passed on to the house of my friend, dropping now and
then a casual remark of, "a pleasant evening my lads; — any
more of those scoundrel rebels taken? We are having a
fine hunt after the villains.'' "They must be smart chaps
to escape us," one replied. "They are nearly all captured,
and the remainder are so closely pursued that it is impossible
for a soul to escape. We shall have a fine hanging match
soon." " I will go a hundred miles to see their necks
stretched," I answered, and passed on. Doubtless they
took me for a rank Tory.

Ringing the bell at the door of the house where I hoped
to find refuge., th« lady of my friend answered it, but placed
her person before the door, so as to prevent my ingress.
She inquired, in a trembling voice, my wishes; and her
manner convinced me that she did not recognize me, and

something was wrong. "Is Mr. H at home. Madam*? "

"No, sir." "Will you please to tell me where I can find
him'?" "I do not know where he is,-^perhaps he may be
at Sraithville, perhaps not." "When will he return?" "1
do not know." " Can I remain here until he comes home?
I am anxious to see him on business." "You are a stranger,
sir, and as times are now, I cannot invite you into my house.
We know not who are our friends or enemies." I was about
turning away in disappointment, when I heard the voice of
my friend, who had recognized my own, exclaiming from
within, "Good God! is that you, Mr. Miller? My dear
wife, allow him to come in." "Oh, merciful Heaven!" ex-
claimed the alntf>st fainting woman, as she closed and bolted
the door after me. "Oh, sir, if you would save yourself-r-
if you would not ruin us, stop not a moment! — fly instantly
or we are all lost. Oh, God! that it should come to this!"
My friend, in an adjoining room, thrust his head from a

1 " • 'iii

NOTES OP AN EXILE, ON CANADA,

private recess, and extending to me his hand, said, ^^l nni
very sorry to see you, — hoped you had escaped to the States;
but I can not serve you, — would to Heaven I could. I am
suspected of aiding our party, and we supposed when you
rang the bell just now, that my enemies had come with a
warrant for my apprehension. Tliey will be here soon, and
it is barely possible I may escape their search in this clof.et;
but it will not do for you to remain. Avoid the road; it 1^
full of the enemy; gain the bush as soon as possible, and
call on some of our friends who are not suspected, God
Almighty bless and protect you, for your danger is great.
Farewell! — don't despair, — Canada will yet be free, and you
live to see it." Forgetting everything but danger, I has-
tened from the house without thinking to ask for food,
which I so much needed, passed carelessly through the crowd
of soldiers which filled the road, whistling as I went, "God
save the Queen," — always a safe passport and watchword
with the enemy. Soon as I dared, I got over the fence, and
proceeded towards the bush, but found sentries stationed so
near each other in the outskirts, as to make it impossible to
get past them without being seen and fired upon; when, of
course, the whole body of the enemy would soon be on my
track, and escape would be next to impossible. Discovering
two large logs lying in the open field, I found, upon exami-
nation, that a fire had been kindled upon them, which,
fortunately for me, had burned a hole just large enough to
admit my person. Here, then, was a hidmg place, not
likely to be suspected, where I could remain for a day or
two, until the enemy should withdraw from the immediate
vicinity. Pulling some grass for a pillow, and transferring
two rails from an adjoining fence upon the logs, I took
possession of the snug little fortress, with much satisfaction;
pulled the rails over the hole, so as to form a partial screen,
and soon fell asleep, to dream of my mother's pantry, always
abounding in dainties tempting to a hungry man; but some-
how the more I ate the sharper my appetite grew, until at
length its very intensity awoke me. Alas! it was but a
dream; and all hope of immediate relief was gone.

ENGLAND AND VAN DIEMAN 8 LAND.

Id, "I am

he States;

Id. I am

when you

ne with a

soon, and

lis clof.et;

cad; it I^

;ible, and

Bd. God

is great,

, and vou

r, I has-

for food,

he crowd

It, "God

itch word

ince, and

ioned so

ssible to

when, of

e on my

covering

exami-

which,

ough to

Lce, not

day or

mediate

sferring

I took

action;

:creen,

always

some-

ntil at

but a

That night was long and wearisome, and daylight brought
no change for the better, with the exception of the warm
rays of the sun. There were the enemy at their posts on the
lookout for myself and late companions; but little dream-
ing that one whom they sought was so near; and the satis-
faction of sleeping under their very noses, and cheating the
devil in open day light, enabled me to endure hunger, thirst
and close imprisonment. I lay upon my left side the whole
time; being unable, from want of room, to change my position
in the least; but could now and then raise my head, and look
with a provoking smile upon my would-be captors. The
ihy closed with rain, and the night was cold and cheerless;
yet I determined to keep my position until I could see the
coast clear, or was actually starved out. I felt little concern
for my safety, having more than once before escapee! from
the enemy when in even greater peril; and why should I
now distrust the constancy of dame Fortune] Morning
again dawned upon me in all its glory, but I was not in a
condition to enjoy its beauties. The cravings of hunger had
passed away, leaving only a sensation of extreme weakness,
with occasional pains. About 11 o'clock, a husbandman,
probably the owner of the field, came into it with a load of
manure, the last of which he emptied in a heap close beside
the logs where I lay; and, without raising, or even shifting
my head in the least, I looked him full in the face. Although
aware that nearly all the farmers in the country favored the
Patriot cause, I durst not discover myself to him, for had he
proved a friend, the enemy being in sight, there was danger
of his inadvertently betraying me in the surprise of the
moment. I have since learned that he was a friend.

About 4 o'clock, P. M., the enemy's bugle gave me notice
of their intention to withdraw; and I thanked God in my
heart for my deliverance. In half an hour's time, their
•sentries were all called in, and the whole party (an entire
regiment of militia) were out of sight and hearing. When
the last sound died away, I crawled with much difficulty from
my hiding place. I was so weak as to be unable to stand
an my feet, and ray side, on which I had lain for forty-four

MOTES OF AN EXILE, ON CANADA,

hours, was perfectly benumbed and insensible. I had not,
however, forgotten how| to creep, and gained the bush, a
distance of 150 yards, by using my hands and knees. After
a short time, I was enabled to stand on my feet and walk a
few paces. Feeling it impossible to live much longer with-
out food, I resolved to try my fortune at a game of chance,
and made the best of my way to the nearest house, which,
fortunately, ^vas situated some distance from the street and
near the bush. Two young ladies, one apparently about
eighteen and the ather thirteen years of age, were in the
garden near me. I observed that they looked rather suspi-
ciously at me; but trusting to the goodness and compassion
of the sex generally, I feared nothing, except that through
timidity they might introduce me to more dangerous acquain-
tances. Making my best bov/, I inquired of the young
ladies the name of the proprietor of the premises, and was
a little startled at the reply, which informed me that a British
half pay officer lived there. " Is he at home?" "No, sir,
he has gone out with his lady for a drive." "Indeed ! then
I cannot see him at present; — pray, ladies, how long shall I
have to wait?" "I do not expect him home before dark,"
was the welcome reply. Addressing the eldest, I said, —
" My name, Madam, is Miller; will you pardon me for asking

your

i7" u

Oh certainly, — my name is

am acquainted with a gentleman of that name in New Yc 'k;
he is a Canadian refugee." "Oh, sir, he is my father! tell
jne if he is well; if he is safe?" and her countenance indica-
ted better than words could have done, how deep an interest
she felt in her parent's welfare. I no longer hesitated, but
made myself known, and was assured of my present safety.
The little girl with her was an orphan, whom the British

officer had adopted as his own; and Miss , had come

to spend the afternoon with her, in the absence of her adopt-
ed parents. On informing them of the length of time I
had fasted, the orphan girl approached me, timidly took my
hand and looking up into my face, said, " Oh, sir, I am so
sorry for you; — almost starved! — seven whole days and
nothing to eat or drink, but a little milk, did you say? and

ENGLAND AND VAN DIEMAN S LAND.

hunted like a wolf of the forest! And will they shoot or
liang you, if they find you] Oh, this is dreadful ! Have you
any mother]" *' Yes, my dear, I have a very kind mother,''
I replied. "Oh, sir, how dreadfully she would feel if she
knew of your sufferings. I had a mother once, sir, and shr
was good, and kind, and gentle to me, but she lias t^one
home," and she pointed to the clear, blue sky, "and I ara
left an orphan; no father, no mother, no brother, no sister, —
all — all gone home, and left me alone in the world," and
she sobbed as if her heart would break. " My dear, you
have a Heavenly Father, who loves, and will always protect
the poor orphan; and He will be better than earthly friends
to you, if you only love and serve Him." " Oh, yes," she
answered; "so He is. He has given me kind, very kind
friends here, who call me their child, and love me, and I
love them, — indeed I do; — but they are not like my own
kind mother who has gone to Heaven. They tell me it is
wrong in me to wish to die; but sometimes, I can't help
praying to be taken home to Heaven, where mother and
sisters are!" Had I no tears to shed with her? Hast thou
none to spare, kind reader, for the lonely, desolate orphan?
— While she busied herself with the young lady in setting
the toa-table, I chanced to look at myself in the glass, and
was shocked at my own image — my beard being more than
an inch long. Hunger and anxiety had doubtless produced
this effect. The orphan soon furnished me with the shaving
apparatus of her adopted father, saying, " Your own mother
would hardly know you with that frightful beard, — do, pray,
shave it off."

Sitting down to a well furnished table, I ate with a thank'
in\ heart. While thus engaged, my little friend, who seem-
ed less timid since I had got rid of the "frightful beard,"
laying her hand on my shoulder and looking confidingly in
my face, told me to eat just as much as I could; said she was
sure I was not a bad man; wished I could stop where she
could carry me food as long as I wanted it; and if she had
only a home of her own, such as she once had with her kind
laother, she would not let me go away, until all danger was

»^jfi('*i'«

si J

NOTES OP AN EXILE, ON CANADA,

past. Among other questions which she put to me, one was
if I had any sisters'? I replied that I had one about her own
age. "Oh, how the poor girl would feel, if she knew her
dear brother was here ! I*m so glad we can feed you; and
when you get back to the States again, you'll go home and
see your mother, and sisters, and all, and tell them all about
these dreadful times here; and they will love you and kiss
you so! How I should like to be there, just behind the door,
and peep out and see you all, and listen to what you would
say. Oh! it would be so delightful, and you would all be so
happy."

"Your friends," said I, "will soon come home, and they^
you say, dislike the rebels. Now, will you tell them that I
have been here in their absence, and have them cause search
to be made, and have me captured?" "Oh, no, sir; God
forbid ! I will never say one word about it, until I hear that
you have made your escape; and then I shall be so happy,
and will tell/them all. If they are angry at me, I shall be
very sorry; but it won't make me feel that I have done
wrong. If they call you a rebel, or bad names, I shall
know that you don't deserve it, and I'll tell them so, and
may be they'll believe me." Stealing a kiss from the sweet
child, I replied, "Remember, that many, very many of those
they call rebels, are good men, and do what they think if>
right. Be kind to them when you see them, as you have to
me, and God will reward you foi it; and when I get home,
I will tell my mother and sisters all about the kind little
orphan girl of Canada, and they will love her, and pray to-
God to bless and make her happy." And thus we parted.
Often has the image of that sweet orphan child, in my dark-
est hours, appearetl to me in my visions of the past, anc^
made me feel happier.

The refreshments I had taken made me feel quite well,
w^ith the exception of weakness; and with a thankful hear^
I again sought safety in the bush, with the intention of keep-
ing it, until I should arrive at the house of a fiiendj, distauii
about ten miles, on the mountain road.

ENGLAND AND VAN DIEMAN'S LAND.

one was
her own
new her
^ou; and
3me and
n about
nd kiss
le door,
would
II be so

d ihey^

that I

r; God

^ar that
happy,
tiall be
done
[ shall
o, and

sweet
' those
ink is.
ive to
borne,

little
ay to
arted.
dark-
, ancJ

well,

heart;
eep^
stall!

At sunset I stepped out of the bush to reconnoitcr, and was
instantly seen, and pursued by a troop of cavalry which occu-
pied the road 150 yards distant. Turning back, I ran in an
opposite direction, until out of sight of my pursuers, when I
ajjain changed mv course, and soon had the satisfaction of
hearing them shouting and hallooing to each other in the dis-
tance. 1 traveled all night, although not a star was visible to
guide my course, and there was constant danger of putting
out my eyes in the thick underwood. Break of day found me,
quite exhausted, in the outskirts of a small clearing. Lying
down to rest, I soon fell asleep. The sun was high in the
heavens, when a noise awoke me, and on opening my eyes, I
saw a man about fifty paces distant, driving some cows jiast ;
but he took no notice of me, although 1 lay entirely exposed to
view. After lialf an hour's travel, I came to a clearing, con-
taining two dwelling houses. Feeling it impossi})le to go
farther without food, I determined to run the risk of paying my
respects to the occupants of one of the buildings ; though which
to choose was my greatest difficulty. Something whispered
me, to avoid the one nearest, and I went around to the o])])Osite
side of the clearing, and approached the other, which served
to cover me from the first. A lady, of respectable appearance,
was in the yard feeding poultry. Several small urchins, whose
countenances were the index of the matron's, were playing
around.

" This is a fine morning. Madam, — I trust my appearance,
although a stranger, will not disconcert you ;" 1 added, for, at
my first salutation, she suddenly started, letting the dish of
corn fall to the ground, to the great joy of the chickens, which
jit once volunteered their services in gathering it up. Sh(i
hesitated a moment, and then replied, surveying me the whiles
with a scrutinizing eye : "These arc strange and trying times,
sir, but I ought to apologise for my awkwardness just now.

May I inquire your name and pleasure?" "My name is ,

and being a citizen of the United States, and a stranger in this
region, I wish to inquire the way and distance to Smithville,
whither I am going." Pardon, indulgent reader, for I told her
a plump lie. " It is only two miles and a half to that place,"

NOTES OF AN EXILE, ON CANADA,

^\\

she answered. " Pray, Madam, can you tell me if any more
of the Short Hills rebels have been captured T" "I hear,'
said she, with a sigh, "that nearly all have fallen into the
hands of their enemies. It is dreadful to think of it, sir ; for,
they say, every man will be hung." " I know of one whom
they have not yet caught, and who will feel very thankful if
you will furnish him with a breakfast. Madam, my name is
Miller, — and the British government would feel great pleasure
in stretching my neck ; but, as I do not wish to give them that
trouble, nor yet to starve to death in the bush, I have ventured
here for temporary relief." "Go into the house quick, sir, —
quick ! quick ! or you are lost." She followed me in, — after
placing her oldest boy on sentry, to watch, and report if he
saw any movement at the other house, — she informed me that
it was occupied by several men, wiio were on the lookout for
the rebels, and added, that her husband was a rebel at heart,
but had been under the necessity of turning out with the
militia of the country, or be thrown nito jail and lose his
property. "Indeed," she added, "nearly all the Canadians would
fight against the government, if there was any prospect of
success." I remained an hour, ate a hearty breakfast and took
my leave, after being assured there would be no danger in
traveling the road. I was not a little chagrined to find that,
with all my exertions, I was only three miles from the logs
where I had lain two davs.

Finding it difficult to get through a large swamp which lay
in my way, I was foolish enough to risk traveling about three
miles in the road. I had passed the swamp, and in five minutes
more should have entered the forest again, which extended to
the house of my friend, when a lieutenant and subaltern officer
belonging to the enemy's cavalry, suddenly made their appear-
ance from a hill in the road, which, until then, had prevented
my seeing them. I turned carelessly aside, got over the fence
into an adjoining field, about one-fourth of a mile in width,
the opposite side of which was bounded by, as I supposed, an
extensive forest, and waited for the two gents to pass, supposing,
from their actions, that I was not noticed. They rode slowly
along until within twenty-five yards, and then charged upon

ENGLAND AND VAN D»EMAN S LAND.

me, with as much energy as would have served to rout a host
of the enemy — shouting, " surrender or die !" Not intending to
do either, I ran across the field to the bush. The heutenant's
horse cleared the fence (seven rails high) at the first bound, but
the other balked, and his rider was forced to dismount and
follow on foot. To my surprise, I found the bush to be only
a narrow strip, less than a quarter of a mile in depth, but I
had no other alternative, and ran through k to a second field,
equal in extent to the first, beyond which was an extensive
swamp, that would have enabled me to baffle my pursuers, on
whom I had gained considerably ; but, alas \ my strength was
fast failing, and I became sensible of the fcarfid odds against
which I had to contend. I put my hand to my pocket, where
I expected to find a pair of old and tried friends, in the form
of pistols ; but, to my horror, found they had deserted their
master in his hour of greatest need ; a hole in the bottom of
my pocket told the manner of their escape. My pursuers
were armed cap-a-pie, and my strength seemed insufficient to
carry me across the field. " Stop, — stand, — surrender, or 1*11
fire':" -nd been constantly sounding in my ears during the
chap: liUout producing any other effect on me than a shout
of deiiiuice, intended on my part to provoke them to discharge
their carbines and horse-pistols, that I might have the better
chance witli my own small arms, when we should come to
t'lose quarters ; but now, as they were gone, I hastily prepared
for the worst. I carried a large pocket-book in my side pocket,
containing papers of the utmost importance to our cause ; and
my life I valued as nothing, compared with their safety. —
Thrusting my hand into my pocket, I drew it forth ; but the
emergency of the case would not admit of any separation or
reserve of its contents, which were of some value. Holding it
before me, I passed near a pile of rails in the middle of the
field, when, fortunately, my pursuer on horseback, turned his
head, and called to his comrade to hurry on, during which,
without either slacking my pace, or stooping, I threw it under-
neath the rails — and it was safe ! Whc.i I reached the opposite
side of the field, I was so exhausted as to be unable to climb
over the fence. The swamp was within eight yards, and once

NOTES OF AN EXILE, ON CANADA,

fairly into it, my pursuers had not dared to follow. The
lieutenant on horseback was not so near by a few paces as
when the chase commenced ; but, alas, like a drowning man,
I was so far gone as to be unable to lay hold of a life preserver
within reach!

Reader, Jonathan threw himself upon his back, and cursed
the Philistines, into whose hands he had fallen. Thus ended
his dreams of a glorious campaign in Canada — of splendid victo-
ries won — of the triumph of liberty over our northern regions —
and deeds of noble daring and renown, performed by his humble
self! Alas, that hopes so bright and promising should thus be
blasted ! The author confesses, with feelings of deep mortifica-
tion, that his end was inglorious and unenviable.

' CHAPTER V.

The brave Lieutenant. — Falsehood. — The Board of Magistrates.— Trip to Head
Quarter!. — An Unpleasant Occurrence. — The Rescued Lancers. — Arrival of Col.
Townsend. — Scene at the Pavilion Hotel. — The Author in Prison.

"Ip^ you make a single motion, that moment is your last,''
said the brave ofiicer of cavalry, who had the honor of captur-
ing me. He was twenty yards distant when he delivered this
important speech. Before he could muster sufficient courage
to approach nearer, he described a half-circle round me, to see
if I had any arms, or dangerous weapons for defence. When
satisfied that I was harmless in this respect, he threw himself
from his foaming steed, and advanced, with his drawn sword
in one hand and a pistol in the other ; evincing, however, great

caution in his movements. "Now you d rc])el, if you

move, or call for help, I will blow your d brains out. Get

up instantly, and march back to the road."

" Not so fast, fellow, I shall not move an inch until rested;
and, in the mean time, you will perhaps oblige me by showing
your authority to command me, and also, for applying the
epithet of rebel to an American citizen, for such I claim to be.

ENGLAND AND VAN DIEMAN's LAND.

Rebel, sir, is a very significant term to apply to a stranger,
and I caution you to be more careful."

**If not a rebel, what are you] Why did you run from us?
Why not stop, when called upon to surrender ? You are the
leader of the Short Hills party, and your men are near, in this
swamp, or you would not have run in this direction : up and
march back, or J will run you through," and he pricked my
side with his sword.

" Shame on you, coward ! to draw your sword on a defence-
less man ! You are a disgrace to your profession. As for
men in ll s bush, there are none that I am aware of, so do
not frighten yourself to death. When I have rested, I will
return with you to the road, and, I dare say, I can convince
you, I am not the great personage you speak of. In the mean
time, make yourself easy. You will lose your labor in threat-
ening me, as I shall not stir until I get over the chase you have
frivcn me. Fine times these, when a man can't travel through
the country without getting a troop of blackguards after him,
and be complimented with the term rebel, too, — very fino
times indeed ! "

By this time his companion had come up, and while one
held a cocked pistol to my head, the other, with a trembling
hand, ventured to search my pockets — whether for booty or
pistols I know not — certain I am, however, they found neither.
The only article on my person was the pocket Testament, upon
which I had sworn our prisoners at the Short Hills. I had
made it the companion of my travels, in all my expeditions in
Canada, and had an invention of my own for keeping notes in
it. They examined it closely, but could make nothing of it.
It vvas afterwards sent to all the great geniuses in Canada, in
search of a reader, and at last returned to me. Had they
guessed how many valuable secrets it contained, I had never
seen it again.

1 was again ordered to get up, and again refused to do so,
upon which, the fellow who came on foot, snapped his pistol
at me, but it either missed fire, or he had taken the priming
out, thinking to frighten me into obedience. I laughed at him
for liis pains, and told him to try again with fresh priming.

VOTES OF AN EXILE, ON CANADA,

When sufficiently rested, I returned with them to the road,
where the whole troop were assembled — about thirty in num-
ber — and such a pow-wow I never saw before or since ; such
boasting, shouts of rejoicing, horse manceuvring, prancing
of steeds, and warlike capers of every description ! Every
man in the troop proved himself, by his words and mad freaks.
" half a horse and half an aligator." They had captured a
d rebel, and although but two of their number had partici-
pated in the glorious chase, yet, the whole troop would share
in the honor ; and already they felt themselves of as much
importance as the Duke of Wellington's Horse Guards. They
had won eternal glory in a single hour.

"Gentlemen," said I, " you can spare y-ourselves all this
rejoicing. I shall take care that you learn a lesson from the
events of this morning, which you will not soon forget. I
give you f^air -warning that I am not the prize you deem
me.

" Pray what are you theni? Why did you run from us if
not a rebel?"

" I am an American, traveling on private business. I own
the chase we have ju&t had looks rather suspicious until
explained. But every man knows his own affairs. My
reasons for trying to avoid you were simply these: I have
private business of impertamce to transact, which can not
be delayed. I crossed into tfce country the morning after
the affair at the Short Hills, and was advised to return, as I
would be liable to be apprehended wnd thrown into prison,
by the first party of military 1 might (chaTKie to fall in with.
This, however, did not drive me back, but I determined to
travel in the woods, avoid the public roads and parties who
are out in search of the rebels, transact my business, and
return in the same way. What ray affairs are, which are so
urgent, is none of your business, gentlemen; but it was to
prevent any delay or interference from you that I ran when
we so unfortunately met. Now, you can act your pleasure
with reference to Iwlding me in custody, or letting me pass;
but remember, if there is any law or justice in the land, I
will have ample damages for every raiment I am delayed,

■m

ENGLAND AND VAN DIEMAN S LAND.

and for every insult you may choose to offer me. What I
say, you will find me able to perform, for 1 have friends who
will sec justice done me."

Reader, the author must confess his sins to thee again.
The above concatenation of lies was invented and dealt out
to his captors on the spur of the moment, for the very laudable
purpose of saving his neck, if possible, from being stretched;
and if thou canst lay thy hand on thy heart and say thou
wouldst not have done likewise, under similar circumstances,
thou art a very honest, conscientious man, and withal an ex-
ceeding great fool, — for which last expression, applicable to
thee, reader, under the foregoing hypothesis, he again humbly
begs thy pardon. Had he thought, however, that he had
done -wickedly, and actually deserved the kind offices of
"Jack Ketch," he might possibly have been so foolish as
to assist in twisting a rope wherewith to hang himself. —
Honest men sometimes differ upon points of great nicety;
none but genuine fools being infallible.

The officer most active in my capture, listened attentively
to my fabrication, and, after consultiDg bis subalterns, an-
swered : " Your story is plausible, and may be true : I hope
it is, — still, it is my duty to take you before the nearest
magistrate, and leave you to his disposal. If you are releas-
ed, I will bring you back to this place, if you wish it, and
make you any reasonable compensation for loss of time."

He then ordered my arms to be tied behind with ropes,
and directing his troop to proceed on their way, mounted
rae on horseback behind the subaltern who had assisted in
my capture, and the trio rode a distance of three and a half
miles to the "forty," Where "the American traveler" was
soon introduced to the village magistrate, a nice old gentle-
man of apparently very modest pretensions. He listened
with the most profound attention, first, to the story of my
captors, then of myself; drummed his fingers for twenty
minutes upon a Bible which lay before him, until inspired
by sound wisdom and judgment, and then gave utterance to
a determination on his part, not to interfere in the matter;
4it the same time advising my captors to be cautious in their

NOTES OF AN EXILE, ON CANADA,

11 li

tlealings with me, as there was no proof of my liability to
arrest. The lieutenant, however, rejecting this excellent
counsel, took me on about five miles farther, where two
magistrates resided; but met with the same success as at
first. They said they would not meddle with me, and my
captors had better either take me back where they found me,
or carry me to St. Catharines, where a board of magistrates
was sitting, which would probably assume the responsibility
of discharging me. To my mortification, the fellows deci-
ded to go forward, instead of back; but I affected indifference
upon the subject, merely telling them their bill of costs
would be a "considerable pretty sum," if they meant to
drag me through the whole province with my arms pinioned.
They promised, faithfully, to carry me back, unless ordered
otherwise whither we were going.

At St. Catharines, the board of magistrates, among whom
were two good Patriots, who knew me well, was about
discharging me, when orders arrived, that every person appie-
hended should be forwarded to head quarters at Drummonds-
ville, Niagara Falls. All hopes of escape were now at an
end, unless a favorable opportunity should occur, to give my
watchful guards " the slip " on the way. I continued to
affect unconcern, although, in truth, my neck began to feel
somewhat uncomfortable.

A w^agon was procured, and I took my seat between the
guards, for a drive to the Falls, heartily wishing wagon,
guards, ropes, and all, myself not excepted, in the bottom of
Lake Erie. Passing a hotel, one mile from head quarters, a
very unpleasant denouement took place. One of the lancers,
of Short Hill memory, rushed from the door, exclaiming,
" Oh! Holy Virgin, have they got you! I would rather see

my own brother a prisoner ; but they shan't hang you by !

Oh dear! Oh dear!" My two captors turned deathly pale.
*' Good heavens ! " said they, " is it possible! and are you
really a rebel? We believed you innocent;" and the kind
feelings which they manifested, made ample atonement to me
for their previous conduct and agency in the affair. One of
them whispered to me, " Why did you not tell me the truth?

ENGLAND AND VAN DIEMAN's LAND.

)ale.

you
Ikind
me
je of

uth?

« '

you should never have come here. I am a Patriot myself,
in heart, but have been obliged to turn out on military duty
or go to jail."

Arriving at the Pavilion Hotel, a scene ensued which
baffles description. The lancers, and others, who were our
prisoners at the Short Hills, at once besieged me; and my
hands, were tortured for some time with their warm squeezes
and shakes; and my ears inundated with protestations of
sorrow at seeing me a prisoner, and eternal gratitude for my
interference in their behalf. Some of those who were in
the greatest danger on the occasion referred to, shed tears;
and all swore that not a hair of my head should be injured.
The 24th Regiment, and several hundred militia and volun-
teers v/ere present. All gathered around the wagon where
I sat, the officers, with one or two exceptions, expressing
their rejjret at my having been taken. They had been in-
formed of my conduct at St. Johns, and had hoped I should
escape.

Meanwhile the lancers were describing my interference in
their behalf to the surrounding soldiery, who appeared to be
much excited; and I heard hundreds declaring that 1 ought
to be at once discharged, and that I should not be harmed;
when Colonel Townsend, of the 24th — who commanded in
the absence of Sir Allan McNab — accompanied by his staff,
rode up; and his eye kindled with savage fury as he sat in
.silence for a few minutes, gazing upon the scene before him.
His own regiment, as well as the other forces, were in a
state bordering on mutiny. When he was first observed,
the confused noise and murmur of many voices was hushed
for a minute or so; but it soon commenced again, and " he
shan't be hurt," was uttered by many a resolute soldier, in
defiance of the savage looks of his commander. "Silence!"
at last burst forth from his quivermg lips like thunder. "Is
this her Majesty's 24th? Is this their loyalty to their sove-
reign? I w^ould never have believed that my regiment could,
under any circumstances, behave thus. Shame ! shame, my
men ! Remember your oaths, and your duty to your sove-
reign." Turning to me he vented his spleen and rage) in a
4

NOTES OF AN RXILK. ON CANADA.

speech intended, no doubt, less for my ears than those of
his own men.

"So, sir, we have got you at last, you d rebel sym-
pathiser. I congratulate the country upon your capture.
You are the most valuable prisoner ever yet taken by our

forces, and, by , we'll make sure work of you! I will

try you to-morrow morning at break of day on a drum-head
court martial, and ere the bun rises again, you shall be shot."
A voice from one of the lancers: " You shall shoot me first."

A dozen voices from the crowd : "He sha'n't die, by !"

The orator again shouted, — "Silence! Shame! men —
shame!"

Taking advantage of the temporary silence, I spoke as
follows: "Col. Townsend, this torrent of abuse comes with
an ill grace from a man in your station. Had we met upon
equal terms, you had not dared thus to insult me. Captive
though I am, my spirit is free as my native air, and I scorn
your abuse, as I defy your malice and rage. Death has no
terrors to me ; and life, through the events of this day, has
become valueless. It is better to die, than live under the
lash of tyrants ; so ."

The Colonel interrupted me. — "Silence, scoundrel! — an-
other word and you shall be gagged. The other prisoners
whom we have taken, are innocent compared with you. It

is such d scoundrels as you who have incited them to

rebellion, and kept the country in a constant state of alarm
for months. You richly deserve the worst death which

." A lancer: "General, he saved our lives." "Silence!

— interrupt me again and I'll punish you. — Your motives for
interfering in the affairs of the country are plunder of its
peaceful inhabitants. There stands a man (pointing to
Overholt) whom your party robbed of a thousand dollars."

"General, he's no robber; he made the scoundrel, Beemer,
give us back our money and property," said a lancer.

"Silence! can I not be obeyed*? — Your case is a most
aggravated one, — there is not a single point in your favor.
You have no property and no interest in this country; and,
consefquently, no business in Canada. You deserve to have

KUOLAND AND VAN DIUMAN « LAND.

your brains blown out immediately, and your captors ought
lo have shot you at once, instead ol' bringing you here; but
liieir mercy shall not avail you anything; so prepare to die
to-morrow morning at sunrise — for die you shall, by !"

"General, he saved (ujr lives, at the risk of his own, and
he shall not die!" shouted several voices in one bieath.

"Have you any request to make before you are taken to
the cells] for to-morrow morning you die ! Any message to
your friends shall be sent, although you don't deserve even
that favor."

"My friends and countrymen will save you the trouble of
carrying them any dying message from me; for they will
t ome here to avenge my death, and you will do well to be
])repared to receive them. One favor, however, I crave,
though I am sorry to ask it of a tyrant. A Testament was
taken from me by my captors, — I would have that returned,
and, also, be left alone until my hour has come. You will
find me ready, whenever it suits your convenience."

"Ha! ha! ha! the d Yankee is frightened to die, after

all, and wants to pray. Ha! ha! — give him a Bible; he needs
it bad enough. If theri^ is a Hell, he will get his share of it,
with all other rebels; ha! ha! ha!" Turning to an officer of
the 24th, he said, "Take your company, put heavy irons
and hand-cufFs on him, and guard him to the cells, and if
any attempt is made to rescue him, blow his brains out first,
and then fire upon the mutineers."

I had been sitting all this time in the wagon in which I
had rode from St. Catharines., with ray arms still tied behind..
When the Colonel ordered me to be ironed, one of the
jancers appeared to notice for the first time that I was pin-
ioned. He instantly sprang into the wagon and tearing the
.lopes from my arms, shouted, " Colonel, he saved our lives;
look off the ropes with which we were bound, and set us
free; and he shan't be ironed, nor bound in any way, by
! You shall shoot me first."

A murmur of approbation arose from the crowd, and many
voices shouted, " that's right; we'll stand by you," when the
Colonel exclaimed. "Take him away, — away with him at

NOTES OP AN EXILE, Olf CANADA,

once. Never mind the irons, — away to the cell with him,
or, by , we shall have the whole army in a mutiny.'*

A company of the 26th took me in charge, and, after
shaking hands with my good friends, the lancers, who told
me not to fear,— ** for,*' said they, "he dare not hurt a hair
of your head — his own regiment would not stand it,"— I
marched, unfettered, about sixty yards to the guard-house.
The door of a cell in the basement story was opened, and I
walked in. There was no bedding; nothing but an iron
bedstead and a piggin of water. A loaf of bread was shoved
into my new apartment, which, in honest indignation, I kick-
ed with my foot until it was in a thousand pieces, and then
kicked over the piggin of water.

The door was closed and bolted; and, for the first time in
my life, I heard the key turned upon me, and felt myself a
captive!

CHAPTER VI.

The Captives.— The First Night in Prison.— The Examination. — The Magistrates.

"Who are youl" — a voice which I knew to be Colonel
Morrow's, inquired, from an adjoining cell, the moment the
keeper retired.

" What, Colonel, have I got you for a neighbor in this horrid
hole'? I was in hopes you had escaped — I call myself a
Patriot ; others call me Miller ; but Colonel Townsend, with
whom I have just had a very pleasant interview, dignifies me
with sundry other appellations, such as rebel, sympathiser,
scoundrel, robber, brigand, and a host of tender epithets, too
numerous to mention. But when did you arrive f

" Last evening, escorted by a guard of sixteen rag-tag and
bob-tail volunteers. Townsend was as polite to me as to your-
self. There was nothing in his vocabulary of scurrility half
bad enough for me. If there is any dependence to be placed
upon what he says, we are all doomed men."

ENGLAND AND VAN DIKMAN H LAND.

*• Whom havo we for companions, Colonel]"

*• Most of our party, I am sorry to say, are taken. Major
Wait and your friend Deal are ainnn^ the captured. The
men generally hear their ill fortune well; but some are selling
the lives of their comrades to save their own necks — Seymour
and Doan are the principal traitors. Our old friend Kemp, of
the Short Hills, is in an ndjoinini; cell, blubherin^' about his
wif<\ rnrsincf the British bitterlv. and threateninf' to take the
lives of the traitors, or of any n^an in the party who shall
.say a word to implicato him in any manner, or even pretend
to know him in the presence of the authorities; but, hist! did
yon not hear footsteps in the passage? Our enemies are list-
ening, and if we are not cautious, wc shall cut each other's
throats.''

Putting my car to a crevice in the door, 1 distinctly heard
low whispers and light footsteps in the ])aR/ ige. Eaves-drop'
pers were in attendanf;e. and our conversation ended for the
evening.

As this was the first night I had ever spent in prison, arid,
as 1 had an assurance from the tvrant Townsend, that it sis
my last on earth — although, in truth, I much doubtc' Avhether
he would execute his throats — my r(;flections wen no of the
most agreeable nature. I confcs? I felt sad, and pained at
(leart. It was not so much on my own account that J sorrowed,
])ut tiierc wore others, alas! whose kind and sympathising hearts
would break through my misfortunes. Parents, bi<»lhers, sis-
tors, and all whom I most loved, would be stricken to the
earth by this, to them, dreadful affliction. The thought was
agony. Could I have borne all myself, I should have been
comparatively happy ; but no, they must suffer. I could not
rob a mother of her deep affection for * hild — I could not
turn a father's heart to stone, that he should not feel for a
son — I could not blot out my image, which was graven upon
the tablet of a brother's or a siste^*- heart — else had I, in the
bitterness of that dark hour, done so. Imagination, assisted
by memory, called up th.it peaceful and happy fireside ; and
the sweet scenes of childhood and youth, flitted before me.
Tiiere were those I loved ; quietude and peace reigning within

NOTES OF AN EXILE, ON CANADA,

tlioir little circle, and the angel of nnercy smiling upon and
guarding their habitation. They dream not of the dark cloud
fast gathering over their heads ; but, quick comes the messen-
ger of evil tidings, and then the agonizing shriek ; the stricken,
senseless form, of that kind, attectionate mother — the groann
of that venerable father — the tears and siglis of a doting brother
and sisters, and the accusing voice, '' Thou lu't the causes ol'
this woe! " Dark and gloomy as was my cell, I involuntarily
pressed my hands over my eyes, to shut out the dreactfiil
vision.

Then came my own evil destiny, frowning upon my dark
and gloomy soul. Where were now the bright visions and
youthful hopes that had lured me on to destruction ? All had
vanished in a single day ! Earthly hopes and expectations
blasted — annihilated! Death wore a smile upon his grim
countenance, and the grave seemed the only reiuge left. Yet.
while the desires and feelings incident to frail human nature,
especially in the season of youth, were thus suddenly crushed
and destroyed, think not, O reader, that the sorrowing captive
had no hope, no consolation, to cheer his desolate heart — nc>
honey to mingle with the gall of his bitter cuj). The cause in
which he had lost so much, through the events of a day, was
not the less J!:st and righteous, nor did he love it less than
before. He believed that Canada would vet be free ; and
although it might cost his own, and the blood of thousands,
the price was not too great to pay for a nation's birth. He
felt that he had walked in the path of duty ; and, that lie, in
whom he had hitherto trusted, would not withdraw his gracious
support in the trying hour.

Reader ! with such feelings I knelt down in my damp, cheer-
less cell, to hold communion with the Eternal One, and a "still,
small voice," whispered to my aching heart, " Fear not, for
I am with thee, be not dismayed, for 1 am thy God." Stretch-
ing my weary limbs upon the damp stone floor, I slept sweetly
and soundly. Earth had no sorrows too great for Heaven anil
sleep to soothe and heal.

When I awoke in the morning, my limbs stiff and chilly^
with the cold damp, and the gloomy walls of my cell met my

ENGLAND AND VAN DIEMAN 8 LAND.

liowildered siglit, bringing }iomc the stern realities of my
>:ituation to my licart, I felt a sweet ]»eaee within, of whieli
ea)>tivity, and the malice of my enemies, had no power to roi)
me ; and, 1 required no other support, to enable me to abide
the decrees of fate. Sunrise |)assed without the threatened
«^ourt-martial and death. Had the tyrant really intended to
<;arry out his saniruinary threat, liie disposition which his troops
so openly and resolutely manifested ujwn the subject, would
probably have deterreil him. I learned that, after my removal
to the cells, the ])revious evening, he harangued his troops for
half an hour, on the (>normity of their conduct, in manifesting

sym))athy ft>r a '-d Yankee;" and threatened to punish

the lancers, or others, if they should dare to again say any
thing in n»v favor.

At 9 o'clock, my cell door was thrown open, and 1
was ordered out. I was soon joined by about forty others,
who were confined in the same guard-house ; among whom
were Colonel Morrow, Major Wait, Mr. Kemp, and my
friend Deal. We met as strangers ; and our enemies, who
were on the watch, could have detected nothing in the looks,
or manners of any one, to justify an opinion, that we had
ever seen each ether before. I looked at all of our little
parly, but, whenever their eyes met my own, I could scarcely
refrain from smiling, at the repulsive scowl, which seemed
to say very plainly, — " Please to look the other way; I
neither know you nor wish to.'' They were all heavily
iioned, which inconvenience I had escaped, through the
interference of the lancers. The sergeant, who had us in
charge, soon hand-cuffed us in pairs. Poor Deal crowded up
to my side while the coupling was going on, and we were
forthwith united. " That's a little too tight,'' said he,
wringing his hand in agony, when the key was turned, — but
he only got a savage look for his complaint.

W^e were marched, under a strong escort, about 300 yards,
to a hotel, where a bench of magistrates was sitting, for the
purpose of making out warrants of commitment to jail. On
tlu" way, Deal got a chance to whisper in my ear, — " My
nmne is not David Deal, but William Reynolds. They'll

NOTES OF AN EXILE, ON CANADA,

hang me, lynch fashion^ if they find out I was with Bill
Johnson, at the burning of the Peel."

Most of the party were called before me, and I observed,
when they came out, that their countenances wore marks of x
honest indignation, indicating that something was going on
within, rather unpalatable. At length my turn came ; the
hand-cuffs were taken off, and I was ushered into a room,
occupied by three magistrates, two clerks, half a dozen
armed soldiers, the traitors Doan and Seymour, and two of
the lancers.

Two of the magistrates were elderly, respectable-looking
gentlemen; but the third was a young, green-looking fellow,
evidently full of a sense of his own importance, with but
little wit, and less judgment, and in every respect unfit to
perform the stern duties in which he was engaged. Without
any reference to his seniors he commenced with, —

"Well, what have you got to say for yourself?"

" That depends altogether upon what you have to say; as
yet I see no occasion for saying any thing."

*' Your present circumstances appear to have sharpened
your wits ; but I had forgotten ; you are a lawyer ; gentle-
men, we must proceed in due form, — he ! he ! he !"

" My profession is a matter of perfect indifference ; my
misfortunes are, possibly, less serious than you would
insinuate.

" Be they light, or heavy, you are charged with a very
serious and heinous crime, for which, if convicted, you must
answer with your life ; and of your conviction there can be
no doubt. You can make any statement you choose, which
will be taken down in writing, and read as evidence on your
trial. I give you this caution that you may not, unguard-
edly, say any thing to commit yourself."

" You are very kind ! but, as the simple truth will answer
my purpose, your hint will be lo >t upon me."

"D your impertinence, sir; how dare you answer me,

a magistrate of Great Britain, in this manner 1"

" I am quite sensible of your importance, though youi
magnitude may appear somewhat less to me, than to your-

ENGLAND AND VAN DIEMAN 8 LAND.

self. As for impertinence, the charge comes with an ill
grace from your worship."

" By heavens ! Pll have you punished !"

" I am punished already."

«'How?"

" By being subject to the caprice of a magistrate who is
unfit for his business."

" You d Yankee blackguard !"

" Thank you, sir, for your compliments."

" Were you at St. Johns, on the morning of the 21st of
June, villain ?"

^' Did you speak to me ?"

'' Yes, and expect a prompt answer ; were you there or
not?"

" Who pretends that I was?"

"You are charged with being there, for which you deserve
to be hung !"

'-^ Shot, sir, if I may be allowed to have any voice in an
affair of so little importance. But who charges me with
being there?"

••'' There stand your accusers," pointing to the lancers, and
traitors.

'' It tbey make the charge, let them prove it."

" Do you dare to deny it ?"

*'Yes.

.. "

"Say ' yes sir,' you scoundrel! am I to be insulted in this
way ?"

" Apply the epithet scoundrel to your equals ; it sounds
harsh to the ears of an honest man."

Here the fellow sprang from his chair, and in the vehe-
mence of his passion gave vent to shameful oaths and
imprecations, unfit to be heard, much more to be read.
The other magistrates sat with averted faces, laughing
heartily, during the foregoing scene. The senior now inter-
fered, and severely reprimanded the young spalpeen, telling
him he had received proper answers to all his questions.
Taking the business into his own hands it was soon dis-
patched ; a few questions were asked of the witnesses, and

NOTES OP AN EXILE, ON CANADA,

I made a statement which was taken down by the clerk
verbatim, in which, I told the truth, although, I must
confess, not the whole truth ; as, had I done so, my case
would have been hopeless indeed. I was required to sign
it, and the magistrate witnessed the signature. The senior
magistrate, then, and on my trial, proved himself my friend.
He was an excellent man, and there are many such in
Canada. On returning to the guard-house, Deal, or Wil-
liam Reynolds, as we shall call him in future, asked to
be put in the same cell with myself. This was granted, and
we passed such a night, as captives are wont to endure :
and thus ended the second day of bonds.

CHAPTER VII.

Removal to Niogara. — Reflections. — Lundy's Lnne. — Morrow's Toast —Tlie Jail. —
Friends of tlie Prisoners. — Filial AlTecilon, &r.— Removal to Toronto. — Trp,iUiie;)l.
— The Fourth of July. — False Alarms, &c. — SirGeoi^' Arthur. — Return tn Niag-
ara.— Special Sessions. — Trial of the boy, Cooly. — The Indicimeni. — The Corrupt
Court.

Early the next niornlng, the prisoners were removed to
Niagara jail, heavily ironed, and escorted by a company of
(!avalry. I was hand-cuffed, and my legs tied with a cord ;
thanks to the lancers, who still resented any indignity, or
unnecessary severity imposed upon me. My reflections upon
leaving the vicinity of the Falls and Lundy's Lane, as I sup-
posed, forever, were somewhat melancholy. I had spent some
])leasant days here, a few weeks previous, feasting my soul
upon the sublimity and magnificence of the mighty cataract,
and wandering over the battle-ground, consecrated by deeds
of heroism and the blood of brave men. The probability of
my spirit's soon joining those of my countrymen, whose bones
lay mouldering in the mounds I had visited, recalled to my
mind my last visit to Lundy's Lane. A Canadian, who fought
on the bloody night, under the colors of the enemy, accompa-
nied me, and pointed out the ground upon which the principal

ENGLAND AND VAN DIEM AN S LAND.

charges and most sanguinary conflicts took place ; the niound:^
where the dead of both parties were buried ; giving also a
minute detail of the movements of the two cnmies during the
action ; after which he left me to my own reflections.

Evening found me still rambling over the ground, as if a
spell bound me there. The roar of the not distant cataract,
with its rushing waters, was unheeded, amid the feelings which
the locality called forth. They were new to me, for 1 under-
stood not before, that the human heart was susceptible of such
emotions. Imagination called up the bones of the slain, clothed
them with flesh, inspired them with life, courage, and military
.ardor, and enacjted over again the scenes of that bloody night.
The roar of the cannon, the shouts of the op[)osing hosts, the
clash of l)ayonets, the streaming wounds, the pools of blood,
the groans of the dying, and the mangled dead, all passed
before me. I saw^ not the fierc<; and deadly passions, which,
too often, lire the hearts of the opposing hosts in battle. Pa-
triotism and personal bravery were suflicient to account 'for
every valorous deed, and every noble sacrifice of life. Whether
such feelings as 1 exj)erienced were acceptable to the Almighty,
I know not. Perhaps they were not. The s})irit which ani-
mated the breasts of the dead, when they here yielded uj)
their lives upon the altar of their country, was stirring within
my own, and thrilling my whole frame. I knelt upon their
graves, and prayed for myself, and for Canada ; that final
success might crown die eflbrts of her sous, to emancipate h(;r
from British thraldom ; and that I might be imbued with wis-
dom and strength to act my humble part, faithfully and
devotedly : and, there upon my knees, I dedicated myself to
the cause, for life or for death, as Heaven might will.

As I took a farewell look of this sublime and sacred scenery,
it seemed that my prayer of that night was soon to be, in
part, answered ; and the pledge which I there made of my
life required at my hands. There was no bitterness in the
thought; no regret that I had joined my fate with the struggling
Canadians ; for conscience told me I had done my duty, fear-
lessly and faithfully. It was enough that 1 had this consola-
tion. It was enough that I could look, in humble confi-

NOTES OF AN EXILE, ON CANADA,

deuce and faith, to a happier state of existence beyond the
grave than I had found on earth, and that I dreaded not to
enter upon the dark valley of the shadow of death. Still,
however lightly I might prize life, however fearlessly I might
look death in the face, there were others, whose sufferings
on my account, would far exceed my own ; and, for their sake,
I wished to live, and resolved not needlessly to die.

On our arrival at Queenston, Colonel Morrow, greatly to
the mortification and rage of the officer who had us in charge,
drank the following toast :

"The star spangled banner of liberty! — may it soon be
unfurled again upon Queenston Heights, and every T jry in .
Canada be forced to do it homage ! "

At Niagara we were unfettered, and turned into the jail.
We occupied a hall during the day, and were locked into
cells at night. We found Messrs. Chandler, Bradey, Brown,
and others — nearly thirty in all — there, who had arrived
before us. Poor Chandler seemed somewhat uneasy at the
prospect of death. He had a numerous and interesting
family resident at the Short Hills, who were, in a measure,
dependent upon him; and their sufferings on his account
seemed at times almost to unman him. His daughters attend-
ed at the jail constantly, and Miss S , the eldest, was

unwearied in her exertions to soothe her father's fears and
lighten his sorrows. What a noble sight it was to see* that
faithful and devoted daughter, hiding her own emotions,
concealing aught that could add to the sorrows of her parent,
and assuming cheerfulness and hope, which she did not feel,
that he might not see the affliction he had caused. I have
often watched her smiling and cheerful looks, -while in the
presence of her parent; but, alas! the moment his back was
turned, tears of anguish would gush forth, and stream down
her pale cheeks, speaking in language louder than words,
her affection and devotion. Here, also, I saw for the first
time, the excellent and truly estimable wife of Major Wait.
Her great and unwearied exertions in her husband's behalf,
since then, have called forth the sympathies, and elicited the
admiration of all who have become acquainted with her con-

ENGLAND AND VAJi DIEMAN^S LAND.

duct. She was one of the most devoted and faithful of
wives, and happy is that man who can boast of her equal.

The second day after our arrival at Niagara, we were
removed to Toronto, in the steamer Expcrimentj there to
stand our trials, as the sherif informed us; but this was,
doubtless not the real cause. The 4th of July was near,
when an attack was expected from the Patriot forces, and it
was natural for them to wish us in a place of security, as a
rescue would probably be attempted. Our situation in the
Toronto jail was exceedingly uncomfortable. Dirt and filth
were the most prominent objects within the walls; but hunger
was no stranger there, our daily rations being only twelve
ounces of bread, and a pint of bullock's head soup. This
last was so very filthy, that nothing but starvation could
have enabled any christian to eat it. Upon its surface was
never seen floating anything that resembled grease; but some-
thing which looked very much like the jaw-bone of an ass,
was found one day in the bottom of the soup- bucket. Alas!
there was no Samson present strong enough to slaughter a
thousand of the Philistines with it. Had that sublime per-
sonage been rationed as we were, he would have lacked
strength to perform his prodigious feats.

At night, Morrow, Chandler, Wait and Reynolds, were
taken below to sleep in the ground cells. They were heav-
ily ironed; those upon Morrow's limbs weighed sixty pounds.
Reynolds suffered this, in consequence of a charge having
been made by the traitors that he was engaged in the burn-
ing of the steamboat Sir Robert Peel. He was twice con-
fronted with parties who were present during the Caroline
tragedy, without being recognized; after which his heavy
irons were knocked off, and he was permitted to sleep in the
cell with me. Had he been recognized, nothing could have
saved his life; so enraged were the Canadian authorities at
the perpetrators of an outrage, which they had themselves
sanctioned by their unjustifiable and wanton destruction of
the American steamer Caroline.

On the evening of July 3d, an alarm was given, that the
Patriots were coming to attack the town. Great prepara-

NOTES OF AN EXILE, ON CANADA,

lions were made to receive them, if one could judge from
the noise and confusion in the city. A strong guard surroun-
ded the jail, to protect us, poor fellows, from insiilt and
liarm. Doubtles, it would have broken their hearts, had we
been torn from their affectionate embraces by the murderous
Patriots. It turned out to be a hoax, however, though it
kept them in an outrageous uproar all night.

The morniufj of the "Glorious Fourth" at leno-th dawned
upon us. We had all looked forward to this day, with
feelings of the deepest anxiety, hoping that a blow would be
struck for Canadian liberty. Although I knev^r the late
movement at the Short Hills must have greatly injured our
intended rising, &c., &c., still, I clung to the hope that
something, consonant with the preparations which I knew
jmd been made, woultl be done towards eifecting the great
end for which we had been so long laboring, and the salva-
tion of us poor prisoners. The day was a long and tedious
one, and it was hard to spend this season, which from my
earliest recollection had been one of joy and gladness, within
the gloomy walls of a prison, with little, if any, hope of life
}or the space of another short month. My countrymen, and
"thousands of t^iose who were bound by their solemn oaths
not to desert a brother in the hour of peril, were celebrating
ihe triumph of American liberty, while 1 was in prison,
and Canada writhing under the lash of the oppressor. A
succession of false alarms, which greatly frightened our
enemies, and kept us in a state of intense excitement, closed
the day. When the succeeding day had passed, and all
remained quiet, our hearts sank within us, and we mourned
as those who have no hope. Knowing, how long and anx-
iously our Canadian friends had looked forward to this
anniversary of American independence, in the expectation
that it would prove a glorious day for their own land, and
one which, in future years, they could celebrate as their
own, I feared this delay of our plans would dishearten them
altogether. My faith in the final success of our cause,
remained unchanged ; but it was melancholy to reflect, that
the sun of my life must set, ere the star of Canadian liberty

ENGLAND AND VAN DIENAN S LAND.

slioulc] rise to shed one ray of its cheerirjg light upon iny
soul. I felt, that could I only see the standard raised, and
our hosts rallying round it, I could die in peace ; hut it
would be very hard to suflfer upon the scaffold, and close my
eyes forever upon earth, till then.

His Excellency, Sir George Arthur, and suite, visited the
jail while wo were there, and evinced a determination to be
severe. I think he observed, that hanging was too good for
us. On leaving, he advised us to make our peace with
Heaven, as our time on earth was short. He was, I should
judge, about fifty years of age, in stature rather btjow
mediocrity, round shouldered, his head gray and somewhat
bald, visage long, eyes small and piercing, and the general
exi)ression of his countenance perfectly passionless. If he
had feelings, they were hidden by his exterior. No physi-
o«^nomist, in studying his face and features, would accuse
him of possessing a heart. But there was a compression
about his lips, which strikingly evinced his great persever-
ance, determination, promptitude, and decision of character.
These qualities he possesses in an eminent degree ; and
probably no person could have been found in the British
dominions, so well calculated to stand at the helm of British
interests in Canada, during those trying times. Great Bri-
tain, is indebted to him for the preservation of the Canadas
as dependencies of the crown.

On the 14th July, we were taken back to Niagara, to
stand our trials. We were between sixty and seventy in
number, yet, many of the party had taken no part in our
affairs, but were thrown into jail at the instigation of their
Tory neighbors. The grand jury were called together, and
"true bills" were forthwith found against those whom the
government had selected for the scaffold. A special session
of the court was convened for the express purpose, and not
a moment's unnecessary delay took place in the ominous
preparations. The Tories thirsted for blood. The affair of
the Short Hills was certainly an outrage upon the British
government; at least, Britons would deem it so ; still, as no
lives had been actually taken by our party, there was no

♦u

NOTES OP AN EXILE, ON CANADA,

(•

oxcuse for this feeling ; but if nothing short of blood would
satisfy them, they should have taken care that the most
guilty suffered.

BecMiicr, the chief agent in the tragod}', was a British subject,
of their own raising ; and not one of my countrymen took any
part in tho robbery, &c. It afterwards appeared, from the
orrespondcnce on Canadian affairs, ordered to be ])rinted, by
the imperial House of Commons in February, 1830, in a letter
from the Solicitor General of Upper Canada, W. H. Draj)er,
to the Lieut. Governor, and forwarded by him, with remarks,
to the home government, having for its object the justification
of that functionarv, with reference to the execution of Colonel
Morrow, that tiie provincial authorities determined to execute
one of the party, as an example and warning to the disaffected
on both sides of the lines, it was deemed exj)edient to select
the one whose punishment would be most likely to produce
salutary results ; and, in order to strike the greater terror into
the ranks of the Patriots, and avoid the sympathy which
would naturally be excited in behalf 'of the intended victim,
it was resolved that the punishment should follow, as soon as
possible, the commission of the crime. Hence the present
court was culled.

The law, under which it was determined to try the citizens
of the United States, was an act passed by the Legislature of
Upper Canada on the 12th day of January, 1838, providing
tor the trial of foreigners found in arms against hor Majesty's
government in the province, either by i-ourt-martial, or under
the civil law, at the sessions of Oyer and Terminer, held in
the district where the offence was committed. As yet, no
American citizen had been tried under this act, in the civil
courts; and, as there was a possibility that in the first case
tried some flaw or irregularity in the indictment or other
proceedings might occur, George B. Cooley, a mere lad, and
extremely ignorant, was placed at the bar, merely for the
purpose of testing the law and paving the way for a more
important prisoner and doomed man to walk safely to the
gallovrs. This poor youth was tried and found guilty; and,
although I was informed by the first legal gentleman present

ENGLAND AND VAN DIEMAn's LAND.

at his trial that it was irregular, and that he was undoubted-
ly entitled to an immediate discharge from custody, he was,
in consequence of being friendless, sent with the others to
Van Dieman's Land, where he still remained unpardoned in
September, 1845.

After Cooley's trial, my own name was called, and I was
hurried up stairs into a densely crowded court, and placed
in the prisoner's box. Judge Jones, of Hamilton, presided.
A jury were in attendance; the Attorney and Solicitor Gene-
rals, were in their places, and several legal gentlemen in
their professional gowns. All eyes were turned upon me,
when the clerk of the court arose and read my indictmenij *
after which the Solicitor General demanded, —

*' Linus Wilson Miller, what say you — guilty or not
guiltyr^

* A ceitified copy of the iiidiciment was afterwards obtained from the government
h}' my legnl friends in London, and was as follows;
" Upi'EII Canada, Dintrict of Niagara, to toil:

" The jurors of uur Lady, the Queen, upon their oaths present: That Linu$ Wilson
Miller, laie of the township of Pelham, in the district of Niagara, gentleman, after
vlie ISth day of January, which was in the first year of the reign of our said Lady,
Victoria, by the grace of God, uf the United Kingotn of Great Britain and Ireland,
Queen, defender of the Faith; tiiat is to say, on the twenty-first day of June, in tlie
s?coiid year of the reign of our said Lady, the Queen, with force and arms at the
township of Pelham aforesaid in tbe district aforesaid, being a citizen of a foreign
Ptai»* at peace with the United Kinfdom of Great Britain and Ireland, that is to say,
C'f the United States of America, having before that time joined himself to divers
hubjects of our said Lady the Queen, which said subjects were then and there, lu
wit., on the same twenty-first duy of June in the second year cf the reign aforesaid,
at the township aforesaid in the district aforesaid, unlawfully and traitorously in arms
against our said Sovereign Lady, the Queen, unlawfully and feloniously did commit
nn act of hostility within this province; that is to say, that the said Lintu IViUon Miller
afterwards, to wit., on the same day and year last aforesaid, at the township aforesaid,
ill the district aforesnid, together with divers others evil disposed persons, as well
<-iiizens of the said United States <rt' America as subjects of our said Lady the Queen
whose names are to the jurors aforesaid unknown, armed and arrayed in a warlike
manner, being then and (here unlawluUy assembled together against our said Lady the
Queen, feloniously did levy and oiake war against our said sovereign Lady the Queen,
and feloniously did assault and attack certain of her Majesty's forces in the peace of our
9aid Lady the Queen then and there being, to the evil example of all others in like
case oiTeuding. coatrary to the form of the statute in such case made and provided,
and against the peace of our said Lady the Queen, her crown and dignity. —
And the jurors aforesaid, upon their oaths aforesaid, do farther present that the
said Linua Wilton Miller after the twelfth day of January, which was in the first
year uf the reign of our said Lady the Queen, to wit., on the same twenty-first of
June in the aecond year of lb« reign afercsaid of our Lady the Queen, beiii^ a citi-

NOTK8 OF AN fcXILE, OX CANADA,

Now, reader, thy humblo servant is constituted like most
other men, and, although life had become valueless, and
death had lost its sting, since it would deliver him from the
liands of his enemies, he; did not exactly choose to be kick-
ed out of the world by a combination of Jiritish aristocrats.
One likes to make his exit from the great stage of liff after
the fashion of old patriarch Jacob, who "gatiiered up his
feet into bed and yielded up the ghost, and was gathered
unto his fathc^rs," — a very different niid far more preferable
j)rocess than that of kicking the air in ones last moments,
and then being gathered up by the doctors. But if so un-
fortunate as to take his departure after such fashion, it is
(juite bad enough if the thing is done decently and in order;
undue haste, in a matter of such serious importance, is unbe-
roming, and always renders a journey uncomfortable. A rich
miser being ill of a dangerous malady, made his will, which
he caused to be sealed up until alter his demise, and then
resigned himself to his fate; but his lielrs expectant gathered
round him, manifesting much anxiety for the expedition ot
business. The undertaker, sextoji and bellman were all
sent for, and ordered to hold themselves in readiness to
jierform their respective ollices. Loud were the lamenta-
tions of the sorrowing friends as the breath of the dying

/.I'll ofa foreign Suite nl jieiice witli llio United Kingdom ofCjreal BritfiiM and Ireianil,
ti.at is m say, of tlin United States of America, willi force and arma at tiie township ol
relliani nforesaid, in tlie district of Niagara aforesaid, having joined himself to divori
.s'ilijecis of our said liady tiie Queen, wliiitli said sulijccis were tlien and there, to wit .
en the same day and year last aforesaid at the township aforesaid in the district afore-
said, uidawfidly and traiturously in arms against our said Lady the Queen, was unlaw
t\jily and feiouiuusly in arms against our said Lady the Queen witliin tlii^ prnvincf,
.Hid did continue unlawfully and feloniously in arms within this province a{<ainst our
saki Lady the Queen for a long space of time, after the saiil iwenly-first day of Junr,
u» wit-, until tht.> twentytifth day of June, at the township of Pclhain aforesaid. i>i
!■•* district aforesaid, contrary to thu form of the statute in such case made anil pr.i
v.tied, and ai^ainsl the peace of our said T,ady ilu; Qiic«n, her crown and dignity.
" All and sinjjular which premises by the tenor of the presents we have coininande.l
to be excmplilied in testimony whereof we have caused our seal appointed foi
scaling writs in our Bench aforesaid, to he uflixcd to these prejenta. Witness, the
Honorable Pktkh Shkkwood, Senior, .Tudge at Toronto, this 18th day of July, in
i:m year of our Lord one thoii^sand eig<u hundred and Uiiriy-eight, and in the r«c
rfaij year of our reign.

(Signed.) W. If. DRAPER. Solicitor General.

(Sigr.'-d } CHAUmS C. SMALL, Clerk of the Crown & Pleas

ENGLAND AND VAN DIKMAN*S LAND.

man grew shorter and fainter. *»Take that pillow from
imderneath his head," said one, "he will die easier." —
'•Poor man!" said another, 'Mhe sooner it id all over, the
sooner he will be o«it of pain." 'MIe is so far gont," chim-
ed in a third, "that a wet cloth," spread over his mouth
and hce will tlo no harm." " Ah! yes," they all exclaimed,
" l)ring a wet cloth." Here the undertaker stepped up to
take the necessary measure, and the bell of the village
cluirch began its solemn and death-like tong! — tong! — tongf
— but the sound caught the ear of the dying man. He
opened his eyes, raised his head, and to the great disap-
jiointmcnt and dismay of the weeping group, exclaimed,—
"What's all this fuss about? A wet cloth; ah! and you
hPiC, too, Mr. Undertaker? Get out of my house, rascal'
I'll send for you when 1 want you. Weeping friends, yuii
mav as well jjo home and stoi) the tollin«jj of that bell. I

• O JO

<1id think seriously of dying if the Lord willed, but I have
altered my calculations, and Til not die now any how. f
want to count over my money atrain, and that will, too,
requires altering;'' and he counted his gold for many a year
alter, much to the annovance of liis tender-hearted friends.

Now, when I heard my name called by the sherif for trial,
I knew well (from having been informed by a friend that
only one trial, except that ot Cooley, was to take place at.
Ihe present court) that i was selected as a victim, and that
Ihe kind offices of " Jac/c A'f/c/i" were bespoken for ni)
especial favor; and when placed at the bar, and saw myself
surrounded by enemies, who manifested in all the usual
preliminaries an inordinate thirst for my blood, I felt indig-
nant that these humane and benevolent {gentlemen shouhi
take so much interest in hastening my end, and resolved,
like the raiser, that die I would not — if I could avoid it--,
just to spite them, if nothing more; and here the little know,
iedge of English law which I had acquired by my profession
came to my aid. W^hen, therefore, the aforesaid questioii
was put to me, I answered promptly and without hesitation ^

" I shall" not plead to my indictment at present,"

Solicitor General. — "But ycu must,"

MOTES OF AN EXILE, ON CANADA,

** I choose to be excused."

Solicitor General.^" But you can not be excused."

" I tell you I am not prepared to stand my trial now."

Chief Justice. — "Answer you, prisoner at the bar, the
question put to you by the court. "What say you, Linus
Wilson Miller, guilty, or not guilty]"

" My lord, that is a question which, as I before said, I am
not now prepared to answer."

Chief Justice. — "You must say guilty or not guilty."

**Your lordship must excuse me."

Chief Justice. — "You shall answer either guilty or not
guilty; it is only mere matter of form."

"Doubtless your lordship considers hanging by one's neck
until dead only mere matter of form."

Chief Justice, in a rage. — "Do you mean, sir, to insult
this court?"

"My lord, I mean only what I say, that I must have time
to prepare for my trial."

Chief Justice. — "Will you, or will you not, plead to your
indictment? What say you, prisoner at the bar, guilty or
Jiot guilty?"

" My lord, I cannot plead now."

Chief Justice. — "You shall, by !

"*' My lord, I will not!^^ (great sensation.)

The Attorney General. — " How dare you insult his lord-
ship? You must answer at once; it will be better for you to
<lo so. I advise you to plead not guilty; after which the
court will take into consideration your claims to have your
trial postponed, and order you counsel if you wish it. The
court are disposed to be just and merciful."

" I repeat what I said before, I will not!'^

Attorney General. — " You are a desperate fellow."

*^ And Tiot without reason; for, if I am to judge of the
intentions of the court, from external appearances, I am in
desperate circumstances. But the word * fellow,* which you
just now applied to me, is significant."

Attorney General, with a sneer. — " Pray sir, what are
you?"

ENGLAND AND VAN DIEMAN's LAND.

" A victim chosen for the slaughter; but you are mistaken
if you think to coax or drive me to plead at present; I un-
derstand your wishes and my own interests too well.

Chief Justice. — " Prisoner at tho bar, three weeks have
passed since your capture, and you have had sufficient time
to prepare your defense. This court has been convened for
the express purpose of trying you, and the government can
not be put to so much expense for nothing, I have taken
care, myself, that all the witnesses which you can possibly
require in your defense, should be present to-day, and they
are here. You can have, therefore, no excuse whatever for
wishing to postpone your trial; and your only object is, to
i^ive the government and this court unnecessary trouble; but
your stubbornness shall avail you nothing, for the court will
order the usual course in case of stubborn and wilful prison-
ers, who refuse to plead, to be pursued in this case. I now
ask you for the last time — what say you,, Linus Wilson Mil-
ler, to the charges preferred against you; are you guilty or
not guilty?"

"My lord, I am informed by your lordship that I have had
sufficient time to prepare for my trial, having been in custody
three weeks. How was I to prepare my defense before I
had been indicted — how know what charges, if any, would
be preferred against me? I have but now heard them read,
and am required, without one moment's warning, to plead to
charges of the most serious nature, affecting my life ! I am
likewise informed by your lordship, that all the witnesses
requisite for my defense, are present in court, by your lord-
ship's express orders ! Is it possible, that in the present en-
lightened age, a Judge, in a British court of justice, will
tell a prisoner, arraigned under such circumstances, that the
witnesses for his defense ore all present, by order of the
rourt, and that, too, in the presence of a jury empanneled to
try him! Is a Chief Justice of a liritish court thus to sit
upon a bench, and pro -judge a case of life and death ? Have
I consulted your lordship upon my defense? Have I con-
sulted any legal gentleman in this province upon my case^
whereby by any j)ossibility your lordship could have been

NOTES OF AN JtXlLE, ON CANADA,

apprised of the witnesses I may require, or of the nature ol
the defense which in so serious a case I may deem it neces-
sary to make? How long have I known that charges were
preferred against me, which require cither a defense or the
surrender of life without a struggle i And yet I am told by
your lordship that I shall abide my trial, upon the testimony
of witnesses of your lordship's own choosing, in a defense
j)re-determined by your lordship long before a grand jury had
lound a bill against me. Is this your boasted British justice?
Am I indeed within the sacred walls of a court, a Britisii
court, the pride and boast of Englishmen? Shame, my 1 — "

Chief Justice, in a great rage. — "Silence, you d Yan-
kee rebel ! not another word, or .• '

"My lord I will not keep silence when my life is at stake.
Am 1 to be smuggled out of the world? Am I to be taken
•nto a court of justice at one door, and the next moment
licked out at the other upon the platform of a gallows! —
k'our lordship tells me that this court has been conven'jd for
the express purpose of trying me. I knew it before I heard
it from your lordship's lips. I understood well, when my
name was called for trial, that 1 was already doomed to the
scaffold; that I was to be olfcred a sacrifuo to blojd-thirsty
enemies; and that my life was to atone for the crimes nl
your own subjects. And why? Lot your lordship answer.
Let the inhuman cry v/hich has been raised throughout the
whole length and breadth of Canada by your Tories, for th(
blood of American citizens, answer! I am an American cit-
izen, and therefore am I led to the slaughter. Was Jacob
Beemer, the leader of the Short Hills })arty, an American,
that / should answer for his crimes? My lord, since your
lordship is determined to shed my blood, I am ready to yield
up my life in the cause of liberty. I fear not death — I fear
not the scaffold, — I am ready to ascend it eveii now; but it
I am to be murdered, it shall not be cloaked up with a mock
trial. Either hang me at once, without the shadow of u
trial, or grant me a lair one. If I have forfeited my life
according to the laws of England, and you can convict me
in an impartial trial, conducted according to the principles

l! 1:1

ENGLAND AND VAN DIEMAN 8 LAND.

of English law, I will never utter a murmur, or sue lor
mercy According to your boasted laws, a man is supposed
to be innocent, until declared guilty by a competent ami

impartial jury; but I have been called a d rebel by youi

lordship, in the presence of a jury empaneled to try ine!
A jury, did I say? They are all strangers to mc, but, from
tlic proceedings I have witnessed here to-day, I have uo
doubt they are mere tools of the government, pledged to
render a verdict of guilty, and perjured in their hearts."'

A juryman from the box. — '"My lord, are we, honest
men, to be insulted and abused in this manner?"

"No doubt the gentleman is an honest man. Every man
engaged in this neiarious transaction must needs be truly
honest and honorable. But I thank God, that the gentle-
man's honesty is not likely to be put to the tests in a
matter of life and death with me, to-day . I thank God for
Ihe little knowledge I have of English law, which enables
jne to defy this court to move another step in this trial,
Tintil the full time has expired which the law so humanely
j)rovides for a prisoner capital ly chargerl, to prepare for his
defense. I have l)een rejjeatedly told by your lordship and
others, that I s/inll now stand my trial; but your lordship
dare not enforce it. So gross a violation of law can not be
rloakcd up; and your lordshij) well knows that in case I was
♦ xecuted under a conviction thus obtained, it would he no-
Oiing less than a cold-blooded murder, for which your lord-
•^hip would be liable to impearhment.

'•My lord, I have done; — ])ut I again demand from your
lordship the full time allowed by law for my defense.'"

Chief Justice. — "VV^ill you be prepared for tiial in three
days? The court will allow you that time, but no more."

''Mv lord, T am allowed seven full davs after the lindintr
of the indictment, before I am required to plead to the
charges it sets lorth. At the end of seven days, I shall be
pre})ared to state what witnesses I require from a distance,
TO procure which I will have the full time allowed by law,
j^br it is not only my right, but absolutely necessary to my
defense.''

NOTES OF AN EXILE, ON CANADA,

■

ii ■''

Chief Justice. — "The court are under no obligation to
grant you time to procure absent witnesseSy unless you can
show a bona fide defense which requires them."

"It will be time enough to show that at the end of seven
days. At present I have only to request to be furnished
with a copy of my indictment."

Chief Justice. — "The court will not allow you a copy."

"I shall take an exception to your lordship's refusal to
grant a copy. Will the court please to make a note of that
point, as it is an important one to me."

Here a short consultation took place between the Chief
Justice and the Attorney and Solicitor General, after which,
the two last named gentlemen, came to the bar where I stood,
and tried, for nearly half an hour, to prevail upon me to stand
my trial at once. It would be f<'r my interest to do so, &c.,
&c. The other legal gentlemen present, and more than thirty
others — spectators — followed them in turn; but I had one
answer for all, which was, ^^ I will not do it." There happen-
ed to be one honest man among the number, who whispered,
" That's riglit ; stick to it, my lad, as you value your life ;
for they are determined to hang you ! "

"I understand their wishes, and shall disappoint them," I
whispered in return.

Chief Justice, to the Attorney General, and others, in a low' '
voice. — " Well, gentlemen, have you succeeded 1 "

Attorney General. — "My lord, he remains as stubborn as
at the first."

Chief Justice, to the deputy sherif in attendance. — "Take

the d Yankee lawyer away, — away with him at once,

and bring up Morrow in his stead ; we'll see if we can man-
age him any better. But, by no means, allow them to speak
together," he added.

I looked around among the spectators, and saw many an
honest countenance glowing with satisfaction at my escape —
but the court and others looked like hungry men who had
been cheated out of their dinners. Poor Morrow was hurried
up, while I was almost kicked down stairs and turned in with
my companions, some of whom gave three cheers when

ENGLAND AND VAN DIEMAN's LAND.

informed that I had beaten them ; and, courteous reader, I felt
proud in my heart, that I had been enabled to cheat three
parties in one day, namely, the gallows, the Devil, and the
British.

CHAPTER VIII.

Trial and Sentence of Colonel James Morr -w. — The Condemned Cell.— Some
Particulars of his Life. — Visits of the Canadian Clergymen.— Preparation for
Death. — The Consolations of Religion. — He praya for his Enemies. — His Dying
Message delivered to the Tory Clergymen.— The Catholics.— The Parting Charge.
The Execution.

Had I suspected, when required to plead to my indictment,
that in case I defeated the evil intentions of my enemies with
regard to myself, my brave and generous friend. Colonel
Morrow, would take my place, not only at the bar of that
disgraceful tribunal, but on the scaffold, I should most certain-
ly have stood my trial and yielded up my life without a strug-
gle. Could I have conversed with him, but for a moment,
before he entered those fatal doors, he might have been saved;
but the wily Judge took care that I should not do so. He
wris, therefore, placed at itie bar without knowing his right
to a postponement of his trial. Surrounded by blood-thirsty
enemies, and without one friend to advise him, he obeyed the
mandate of the corrupt court — went through with a shame-
ful farce, a solemn raockery — heard a verdict of "guilty"
rendered by a packed jury — was asked what he had to say
why sentence of death should not be pronounced against him,
according to law — listened to an insulting address from the
Judge, who charged him to prepare for death as there could
be no hope of men^y in his case — and then came the climax
to that day's work : *• The sentence of the court is, that you,
James Morrow, be taken to the jail from whence you came,
and from thence, on Monday, the thirtieth day of this present
month, to the place of execution ; and between the hours of
eleven and one, you be hanged by the neck until you are dead ;

NOTES OF AN EXILE, ON CANADA,

and may God have mercy on your soulf^^ After his senteiuv^
ho requested of the court j)ermission for me to occupy th<?
<;ondenincd cell with him dnrinq the short time he luid to
live. The court consented, and we were, accordingi} , lock-
ed up together. Never was it my lot to pass nine days so
solemn, so interesting, and in somc^ respects puinful, as those.
During our short acquaintance, he had become to mo as
a broth(!r, and the last links in the chain of his existence
hound our hearts still more closely togetluM-. He was about
to suffer a death intended for mvsolf : and which bad still
fallen to mv lot, but for the insatiable thirst of our enemies,
for blood, which would admit of no delav. These circum-
stances rendered my relation to him most melancholy, and (
would have gladly ex(;hanged places with him had it been
possible. Besides, he had chosen me as the comijanion of his
last moments, and looked to me for that f(;eble aid which,
under the gui jticc and blessing of Heaven, a christian mav
render to -a f.l'oM -mortal, in a hasty preparation to appear
before t ui f^Tr -'A the Great .Tkiiovah. This should have
l)eci,' a privilf >L) not lightly prized, nor iHipro(hu;tive of dee}t
humruy of v.art. To a believer in <^xj)erim('ntal religion, as
taugi": in rho iusjured volume, such a responsibility would bf»
fearful ; anu happy, thrice happy and blessed is he who is
([ualified to appreciate it corre(;tly and perform his duty faith-
fully to one so near the gates of death, that upon the ])roper
improvement of a few numbered hours hangs an eternity of
))liss or woe. The better the christian the greater will be his
humility, if thus used as an instrument bv his Divine Master.
After the excitement occasioned by the events of the day
had subsided, mv friend related to me the history of his life,
and his feelings and sentiments with reference to liis present
circmnstances. He was of Irish descent; his friends were
members of the Catholic church; was a native of Pennsy)va-
nia; had brothers and sisters liviiig wJjo were uiiac(juainted
with his misfortunes, and he wisaed »hem to remain so, for
the present. His family were wealthy, and of the hrst rcspeC"
labiUty. He had been liberally educated, and had spent some
years in traveling and amusements. In the pursuit of plea-

ENGLAND AND VAN DIFMAN 8 LAND.

!1S

sure on our nothern frontier he had become acquainted with
the revolutionary struggles of the Canadians, and had joined
thcin, as related in a preceding chapter. He iiad aritcd con-
scientiously in this matter, and only regretted that Ik; had
been of so little service in what he considered a righteous
cause. He felt that it would he hard to die the d«*ath of a
felon for having done his duty ; hut hoped his sufi'crings would
prove a blessing to the cause of liberty hi Canada. He had
l)een tried and condemned by a corrupt tribunal of earth, but
he should soon st:ind at the bar of a righteous .Iudg<% whose
laws he had often \iolat(;d, but not with regard to the actions
for which he was cond(Mnniul to the scallbld.

His mind and heart were alike laid open to me without
reserve. The former was a rich store-house of useful know-
ledge; the latter, a foui t of nol)le and generous feelings, and
of upright and honoraiile principles. But he was a stranger
to the consolations of religion, which he now so much
needed. In aceonlance witi; his wishes, our time was prin-
cipally spent in devotional exercises, reading the scriptures,
and conversation upon the leading principles ot Christianity*
Clergymen of dilferent denominations visited him occasion-
ally, some of whom manifested not a little anxiety to
convert him to their own peculiar tenets and doctrines ou
minor points; but he told them his time was too short and
precious, to be wasted in discussions upon such matteis; lie
only wanted them to point him to Christ, and pray with him
for the pardon and forgiveness of his sins; and if they could
no' do this he hoped they would lefrain from visiting him.
One or two talked to him about the wickedness of his con-
duct, in attempting to establish republican institutions iii
Canada; to which he replied, that he wished his whoU' life
liad been spent in as good a cause; and when they proposed
jiraying with him, he thanked them, and said he had no
desire to hear men pray who could reproach him ior one of
the best actions of his life. He had nu faith in the pravers
of such men, but would pray himself that they might sec
their error and do as he had, but with better success.

For several days he appeai'jd to be in deep mental dis>

NOTES OF AN EXILE, ON CANADA,

tress. The grave, to which he was fast hastening, looked
dark and dreary, and he felt that the Almighty was justly
angry w^ith him on account of his sins. He would sometimes
say, " Can it be possible that such a sinner as I can find
mercy? I have spent my whole life in the pursuit of
pleasure, utterly regardless of the claims of the Savior of
mankind to my affections and services, and now, when death
is staring me in the face, can it be that He can forgive?"
Some passages of scripture, such as the parable of the prod-
igal son, and the dying thief on the cross, gave him some
encouragement to hope that, although it was the twelfth
hour, his Heavenly Father might yet be reconciled to him,
and his dying moments be cheered with the christian's tri-
umphant hope.

On the evening of the 27th, he told me he could not close
his eyes again until assured that his sins were pardoned, and
accordingly spent the whole time, until midnight, in earnest
prayer. It was an affecting sight to see that man upon his
knees in the condemned cell, beseeching the Almighty to
wash and cleanse bis heart from sin, and prepare him for the
solemn event which was so soon to take place.

Overcome, myself, with the anxiety and distress of mind
which I had suffered, I threw myself upon our coarse and
humble bed, and fell asleep. About 3 o'clock in the morn-
ing I awoke; and, reader, if thou art a sceptic, and doubtest
the reality of the religion of Jesus Christ, thou shouldst have
been in the cold, damp cell of the dying man, and thou
wouldst have believed that **earth hath no sorrows that
Heaven cannot heal." There was my friend, still upon his
knees, as I had seen him three hours before, and I could
perceive, by the dim light of our lamp, the tears streaming
down his cheeks; (I had never seen him weep before,) but
they were tears of Joy, the overflowing of a grateful heart.
His countenance was radiant with hope and bliss; it spoke
of peace, and love, and joy, and Heaven; yea, Heaven had
already dawned upon his soul. But I said he was still
kneeling; yes, reader, James Morrow was engaged in prayer;
but for what was he praying? what was the burthen of his

FA'OLAXD AND VAN DIEMAN'S I.ANO.

petition, think you? He was praying for his enemies. He
was beseeching that Gracious Being who had just pardoned
his own sins, to forgive the blood-thirsty men who had per-
secuted him unto death. He was praying that the same
grace and mercy which he had experienced, might be ex-
tended to them. Then came the cause he still loved, though
it had brought him to the gallows; then his distant brothers
and sisters, for whom he implored the richest of heaven's
blessings; then the betrothed of his heart, whose sweet im-
age was engraved, as with an iron pen, upon the tablet of
his affections; and oh ! how earnestly did he commend that
loved and worshipped one to the care and protection of his
Heavenly Father; then, his fellow captives; and he prayed
that the hearts of their enemies might be inclined to mercy;
and lastly, while tears of joy and thankfulness streamed
afresh from his eyes, he breathed forth the grateful acknow-
ledgements of his heart, to Him whom he called his SwioVy
his Redeemer, for the great and marvelous mercies of that
night, which had made the wilderness and the solitary way
glad to him, and the desert of human woe and suffering, Xo
"rejoice and blossom as the rose." Sorrow and sadness
had fled forever, for death had lost its sting*, and the grave
its victory. And thus dost thou come in thy omnipotent
power, O Religion, to rejoice th" heart of the desolate cap-
tive, to cause the dying man to sing and shout for joy! So-r-
ro'v and sighing flee at thy approach, and thy heavenly coun-
tenance is radiant with joy and gladness. Thou art the
balm of Gilead to man's wounded spirit; for when thou shed-
est thy compassionate tear on his earthly woes they are
blotted out forever. Thou art like the glorious mornin*;^
sun; for when thou comest in thy power, resplendent in
grace and mercy, night, dark and dreary night, is no more,
and one eternal day commences, and a song of gratitude and
praise which never ends.

As he had scarcely closed his eyes since his sentence, he
now slept soundly for several hours; and no wonder, for his
soul was at rest. Was it unmanly to weep for joy as I
watched "by his pillow] When h« awoke in the morning,

NOTF.S OF AN EXILK, ON CANADA,

;ill who saw him remarket! tlio expression of his counte-
nance, in which tlie consolations of rclifrion were strikini^lv
visible. Availinpj himseltof the first opportunity, h( caDijd
his fellow captives to the door of his cell, and after telling
them of the chan'^e which had taken place in his feelings^
exhorted them to an immediate attendance on the diiti* s ot
reli<'ion. Diirin'j the dav. two clerirvmen of the estabiishetl
<;hurch visited him, and urged him to make all the reparatioi*
in his power for his j^reat crimes by authorizing them to sun
to the world that he sincerely repented, and would eauiioii
others against following his example. With a look of hea-
venly meekness, yet of true dignity, he replied:

''I have a short message, which if you would take the
trouble to have i)ublished to the world as the words of a
dying man, 1 shall indeed be very trankful, and shall, J
think, die happier, if I know it is nuule known to those wh<^
may have taken any interest in my fate.'- They both ex-
jjressed their r«?adiness 'o serve him, and one of tiiem hinted
that it would be as well to make a clean breast of it by
confessing all the principal sins of his life; and offered to
procure writing materials to take down the parlirulars as
he should relate them, but Morrow stopped him by saying
there was no occasion ibr so much trouble, as bis confession
would be short; and continued, looking the while upon these
wolves in sheep's clothing, as if he clearly saw the deform-
ity which they were covering with the cloak of religion:
*'My dying message to the world is, that I iove the cause
of liberty, for which I am about to suffer death, the better
the nearer my end approaches; that my last days are spent
in praying for its linal triumph in Canada, and that I die in
the full assurance of an eternity of bliss beyond the grave.
'J'el] my enemies, amongst whom I fear I must rank you.

gentlemen, that I freely for«:{ive them the murder they art-
about to comjnit upon my body; and when they see their

error, and are found fighting under the banner of liberty, my

blood will be atoned for. This, gentlemen, is my dying

message.'" Tiiey both shrank out of ihe cell as if thev

F.iVtil.AND AND . W lUKMAN 3 LAND.

it^ion :
cause
jetttT
spent
lie ill
liriax'.

you.
y ar«'

their

dying
thev

could not bear to look upon the image of the holy hcinc
whom they professed to serve.

Several clergymen called on Sunday, and not one of them
could refrain from tears while he talked about that Heaven
which on the morrow he should enter, where the wicked
( ense from troublinfj:, and ll;e weary are at rest.

The Catholics visited hnn from the first, and manifested
so much sympathy and christian feelin<j^ that he resolved to
receive the sacrament }\( tlicir hands, allhouijh he did not
belie^ <. m many of the doctrines and practices of their
church. I can not refrain from adding-, that the two j)ricsts
who aitendcd him appeared to ine like l.um!)le and devoted
servants of ti, mcrk .laa lowly Jesus. Is it not bi|:;otry to
luliove that Cutholics can not be n^ood christians?

My friend slept soundly and, as he siiid, sweetly tlie last
iii'j^ht of his earthly existence. \1 -Khiy, the day of his-
i'xeculion, was a soit mn and painlu. one to his fellow cap-
tives. There was not one in our little company who did
not esteem and love him. About two hours belore his death
he gave me his dying charij,", which was, if I should ever
have it in my power to do so, to acquaint the woild with
the purticulirs of his unfortunate expedition, and his feel-
ings with reference to it in his last days. This, reader, f
have essayed to do in this and a preceding chapter.. After
li-' had taken a solemn I'arewell of our little couvpiiny, I
knelt with him for the last time in prayer, and h«ard him
earnestly beseech Almighty God to bless the cause of Cana-
dian liberty; to forgive his enemies, anil to receive him into
His heavenly kingdom. We arose, embraced lor a moment,
and parted. His last words to me were, ^'I die a martyr to
^1 righteous cause, ami I die happy. Death has wo sting,
lor I shall soon wear a crown of glory."

A few minutes afterwards the sherif came. The weeping
<^:aptives formed in double rank I'rom the cell through the
hall; the cell door opened and sherif Hamilton with a coun-
tenance ghastly and pale as death, -walked in front; then
came the two Catholic priests, reading the solemn service ap-
pointed for the occasion; and our beloved Colonel followed.

IMAGE EVALUATION
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U 1116

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Corporation

23 WIST iMAIN STRUT

WfilSTER.N.Y. 14SS0

(716) S72-4S03

NOTES OP AN EXILE, ON CANADA,

When he saw his weeping comrades, there was a slight groan
and heave of his broad chest, but that was all. He waved
his handkerchief as a final adieu, his fine, manly counte-
nance was calm and serene, and it was evident to all who
saw him that the everlasting arms of mercy were underneath
and around him, and that though he was entering upon the
dark valley of the shadow of death he feared no evil. He
walked with a firm step through the hall, ascended the stairs
which led to the scaffold, and was hidden from our sight
forever. About two minutes of the most painful silence en-
sued, when we heard the fatal drop! and without a struggle
Colonel James Morrow passed from the gallows to Heaven!
Reader, he was a murdered man.

CHAPTER IX.

Eflfticts of Public Executions, &c.— Colonel Townsend's Outrage. — Sherif Hemiltoii.
— Jack Ketch. — The Old Woman's Prophecy. — Dialogue with the Catholic Priest. —
The Conscientious British Major.

In less than a minute after the fall of the platform which
consigned poor Morrow to eternity, Colonel Townsend, ac-
companied by half a dozen of his brother officers and Tories,
rushed into the front hall and called in a loud voice for me.
The cursed sound of the drop, which continued to ring in my
ears for months afterwards, suddenly checked the feeling of
grief and sorrow which I before felt for my friend, and filled
my breast with emotions of such deadly hatred to his mur-
derers as 1 never experienced before nor desire to again. In
like manner were dried the tears of my companions, who
had, with one or two exceptions, wept freely until that fatal
moment. An unnatural or violent death always produces
this eflfect. Man's constitution is such that his better feelings
can not sympathise with pain wantonly inflicted upon a fellow
creature. He may, it is true, feel pity for the party suffering,
but indignation towards the author of it is a sensation more

ENGLAND AND VAN DIEMAN S LAND.

intense and lasting. Hence it is that public executions arc
found to harden the hearts of the spectators, and rather pre-
pare them for the commission of crime, than deter them by
its consequences. Strange, that civilized and christian go-
vernments should sanction a practice so demoralizing.

In reply to the call of Townsend, I stood before him, and
was thus addressed, —

"Did you hear that drop? How do you like it? You
should have been in his place by right; but you don't escape,

by ! It will be your turn next. Do you think you can

stand the halter? ha! ha! ha!"

This climax of British cruelty was more than I could bear,
with becoming dignity, and I slioutcd in reply, —

"Blood for blood! Fiends of the infernal regions, your
hellish triumph shall yet sound your own death-knell ! Mor-
row's blood will be avenged ! Aye, cowards ! you have just
murdered a better man than ever wore the British uniform,
and you come here to insult his captive friends; but give me
my arms and equal terms, and you dare not move your craven
tongues to boast of your halters. Halters arc fit arms for
such scoundrels to use, and well become your youthful Queen,
and her brave and chivalrous soldiers! Can I stand the hal-
ter? you ask. Aye, a thousand, if it were necessary to
deliver me from such tyrants as you. Out upon ye, cravens !
throw away the sword, and carry a halter instead,"

Townsend answered, "You rave like a lion, but the halter
will tame you, you d Yankee !''

Yery different were the conduct and feelings of others who

took part in the transactions of that day» *That of sherif

Hamilton, in the performance of his odious duties, was sucli

as might have been expected from a humane and christian

man. It is customary for the sherifs of Great Britain to

employ a hangman, usually known by the significant term ol'

'^Jack Ketchy-^ to execute the most revolting part of their

duty; and the wretch is generally obliged to wear a mask on

the occasion, to avoid no less the obloquy attached to his

olFice than the fury of the populace, who, under the excitement

occasioned by the disgusting spectacle, frequently mob and
6

Bft

NOTES OF AN EXtLE, ON CA'NADA,

sometimes kill a hanginan as they would a snake. Hamilton
offered a bribe of one hundred pounds to any one who would
hang Morrow; but such was the general esteem in which the
victim was held, and the odium attached to the office, that no
man mean enough to accept it<Jould be found, except a colored
fellow who came sneaking about the back part of the jail the
day previous. Having accidentally learned his business from
the jailer, I asked for an hour's promenade in the hall. Plac-
ing myself at an open window secured by iron grates, which
commanded a view of the yard and grounds where the intend-
ed finisher of the law was whiling away, in secret, the hours
which stood between him and the bribe, I easily attracted his
notice. In a moment, a tall, raw-boned, hungry and hardened
looking black stood before me, inquiring, " Vot for you want
Sambo?" "I understand you intend hanging Morrow to-
morrow?" " Yes, zur." *'What do you get for the jobl" —
"Vun 'undred pounds zurling, zur," and his eyes glistened
with satisfaction. " Do you value your life at one hundred
pounds?" " Vot you zay, zur?" " Do you think the people
^ill let you live, after doing so foul a deed?" " Vill dey kill
urn?" " That they surely will: your life is not worth sixpence
if you hang that man." The scoundrel's ivory chattered with
fear. By this time I was joined by my fellow captives, who
all assured him that what I said was true. " Tank you all, —
save me life; me no do it;" and away he ran through the back
fields, never appearing again as a candidate for the honorable
office of "Jack Ketch." The consequence was, that the
sherif was under the necessity of either resigning his office, or
doing his own ^irty worL The friends of Morrow were in
hopes that he would do the foormer, and thus, perhaps, by
deferring the execution, save his life. He said that he was
only the instrument of the government, on which the blame
rested; yet it was very hard to hang a better man than him-
self. An old woman who sometimes visited Ihe jail to minis-
ter to the wants of the prisoners, told him Ihat if he hung
Morrow, the vengeance of Heafven would soon overtake him.
Her words proved true, for a few months afterwards he was,
by tm. unusually sudden death, called to join his victim in the

ENGLAND AND VAN DUTMAN's LaIVD.

land of spirits. He was, however, esteemed by all who knew
■him as a very excellent man; and his conduct towards us was
at all times respectful and humane. He was melancholy from
that day until his death. The voice of an accusing conscience
was doubtless the cause.

After the execution of Morrow, I was visited for several
days in succession, by one of the Catholic priests before refer-
red to, who manifested a very strong desire to convert me to
Catholicism; and we spent consideoi'abie time in arguing the
merits and demerits of our respective Bibles, doctrines, &c.,
the details of which are too lengthy for this volume.

The last time I had the pleasure of seeing him, the follow-
ing dialogue took place:

"Why do the Catholics pray to the Virgin Mary, and other
saints?"

" They only pray to them as mediators, asking them to
intercede in their behalf, with Jesus Christ, into whose blessed
presence, from the holiness of their characters, While here on
earth, it is certain they are admitted in HeavenJ"

" Does Christ need such intercession, to induce him* tc be
merciful to those who love and pray to him?"

"Christ may listen to those near him in Heaven, whom he
loves, as the Virgin Mary and his apostles, if they can be
prevailed uj on to join in our requests, when he would other-
wise deny us."

"Are the saints in heaven endowed with the attributes of
Jehovah?"

"By no means. They are all, doubtless, free from sin in
the other world, in which respect they are perfect, but no one
supposes they are equal, in any respect, to the Almighty."

" Why pray to them, then?"

" For the reasons which I have before assigned."

"But to hear your prayers, they must be omnipresent as
the Deity himself, for the Catholics address them at the same
time, from all parts of the world. How can the Virgin Mary
hear a thousand such petitions at once? To know whether
these petitions are proper to be answered, that is, if it is con-
rsistent for divine Providence, in his government of the world,

NOTES OP AN EXILE, ON CANADA,

to grant your requests, and also, whether, if granted, they
would really prove a blessing (for God is sometimes really
merciful in denying our foolish petitions) the saint whose
intercession is sought must necessarily possess another chief
attribute of the Deity, omniscience. According to your own
admission, then, it must be folly to spend your breath in pray-
ing to them, when they can neither hear your prayers nor
judge of their propriety if they could hear them/*

"My friend," said the priest, "I see that you and I can not
agree on these points; indeed, I confess I have never thought
upon the subject in this light; yet 1 doubt not my su})eriors in
the church can explain this apparent inconsistency satisfacto-
rily." Wc shook hands cordially, and I have never seen him
since.

I was likewise favored, about this time, with visits from

Major , of the 24th. He W^as a very religious man by

profession, and thought to convince me that rebellion to the
"powers that be," is under any circumstances, unscriptural
and wicked. He believed, he said, that I was sincere, and
my motives in joining the Canadians were good, (he was one
of the officers present at Drummondsville, when Townsend
abused me.) but if I died in that belief, t was certain of going
to Hell, where the prince of rebels, Satan, reigns. He talked
some, and asked permission to pray some, but his arguments
and prayers smelt very strongly of brimstone, when he got
upon the subject of rebellion against his sovereign lady. Queen
Victoria. The sweet creature ! He said he would wade up
to his knees in blood to serve her; — upon which I told him I
guessed I should have enough of his company, in that region
of the other world to which he consigned the rebels; and so
we parted. I verily believe, after his unsuccessful efforts to
convert me to monarchy, he thought me a desperate fellow,
and certain of a hot berth in *• t'other world."

ENGLAND AND VAN DIEMAN'S LAND.

CHAPTER X.

The Coart. — Tiie Trials Falsely Reported in (he Tory Newspapers. — Packed Juriea.
— The Author is tried. — Plea of Insanity. — Vsrdict of the Jury.— Infamous Con-
duct of the Judge.— The Jury alter their Verdict.— The Tory Lawyer. — Arraign-
ment of Sixteen Prisoners to receive Judgment. — The Court Room.— Demeanor
of the Prisoners and Spectators. — Address of the Judge to the Author. — The
Author's Reply. — Sentence of the American Citizens. — Sentence of the British
Subjects.

At the session of Oyer and Terminer and general jail
delivery, held at Niagara on the first of August, twenty
persons were convicted of treasonable offenses. The trials
were void of general interest, except as they served to show
the corruption of justice in Canada. The reports of the
trials, as they appeared in the Tory newspapers of the coun-
try, were generally palpably false. The testimony against
the prisoners was altered so as to make their characters and
offenses as black as possible, in order to prejudice the public
mind against them, cast contumely on the Patriot cause, and
prevent any sympathy being felt for the unfortunate victims
upon whom the vengeance of the law was to be executed.
Most of the jurymen were Tories, and tools of the govern-
ment. There were, however, some honest men amongst
them, some of whom, in spite of every precaution taken by
the Attorney General, would occasionally get a seat in the
jury box, and many thereby got acquitted.

I had intended to manage my own defense; but, at the
urgent solicitation of my friends, who said the government
were determined to hang roe, and the only chance for my
life would be to set up a plea of insanity, 1 yielded a reluc-
tant assent to their wishes for a sham defense, which was
managed by a Mr. Boulton, a Tory lawyer of Niagara. The
only ground for this plea was, that a few months previous^

IfOTES OF AN EXILE, OTf CANADA,

I had, unfortunately for myself and friends, suffered, through
a fit of sickness and too close application to my professional
studies,, a partial derangement, which lasted two or three
months. This affliction, from the consequences which re-
sulted, was most distressing to myself and relatives. Friends
whom an affliction of this nature can estrange, must be
heartless and fickle, and enemies who can persecute at such
a time, can scarcely be ealkd generous.

After a long and tedious- trial, the jury retired for half an
hour. This was a time of intense anxiety and excitement,
and although I expected and had prepared my mind for the
worst, yet it was impossible not to hope, even against hope,
lor an acquittal.

The jury at length returned into court, and delivered their
Terdict, which was, —

" Guilty; with an earnest recommendation of the prisoner
to the extreme mercy of the court.''

Chief Justice, in a great rage. — " Gentlemsen of the jury,
d'o you know that your verdict is, virtually, an acquittal? —
How dare you bring in such a verdict in this case*} There
are no favorable grounds upon which such a recommendation
can be based. The prisoner is the most guilty of any of the
party, for he can not plead ignorance as the others; he richly
deserves the highest penalty of the law. If you believe from
the evidence, that he was not of sane mind at the time of
the commission o>f the overt acts of treason charged in the
indictment, it is your duty to acquit him; but insanity before
or alter the commission of the crime, can not aflFect your
verdict."

The foreman. — "My lord, the- jury regard him as having
been partially deranged some months since, but of sane mind
when he invaded this province."

Chief Justice. — "Then retire, gentlemen, and reconsider
your vecdict. You can not recommend him to mercy."

In a few minutes they returned with a verdict of —

"Guilty; with a recommendation of the prisoner to the
merey of the court." ^

Chief Justice. — "Gentlemen of the jury, I'll teach you

ENGLAND A»D TAN DIEMAS 8 LAND.

your duty. How dare you return such a verdict? If you
are determined to recommend the prisoner to mercy, state
your grounds for so doing, that the court may judge if they
are sufficient; but they can not be, and you ought to know
your duty better. You are a disgrace to the jury-box and
your country."

A juryman. — **My lord, we recommend him on account
of his youth."

Chief Justice.^ — " That is no excuse for his erimes; he is
old enough to know better, and I know him to be the most
guilty man we have tried."

Another juryman. — "My lord, we believe him to be an
enthusiast in the cause in which he was engaged; that his
motives were good, and his conduct honorable and humane."

Chief Justice. — "His enthusiasm is no excuse, and you
have no evidence before you that his conduct was either
honorable or humane, as you assert. You are not to allow
any thing which you have heard out of coMFt to prejudice
your minds in the prisoner's favor. The lancers, who
were prisoners in the hands of his party, are present; but
his counsel has not thought proper to call upon them as wit-
nesses; the presumption is, that their testimony would rather
prejudice his case than otherwise. The consideration of
mercy, gentlemen, does not belong to you. Your duty is to
pronounce the prisoner guilty or not guilty; and you ought to
presume that the court and the Lieutenant Governor know,
better than yourselves, what circumstances, if any, in this
case, will admit of a favorable constructiou."

After a short consultation, the jury returned a verdict of
guilty, only, and the infamous Chief Justice — a second Jef-
fries — with a countenance beaming with hellish smiles,
bowed to the jury, and eagerly directed the verdict to be
recorded. There sat my worthy counsel, in his robes,
during the enactment of the foregoing scenes, without utter-
ing a single protest against the Lynch law used by the
Judge, to shake the resolution of the jurors, and obtain a
verdict, under which the extreme penalty of the law might
be inflicted. The lancers were present, and asked me wliy

,. ^

NOTES OF AN EXILE, ON CANADA,

Mr. Boulton had nut CAlled upon them, as they were certain
their testimony would have cleared me. I have always
thought the same, but my Tory counsel, for reasons best
known to himself, chose not tu call them.

On the 5th August, fifteen fellow captives, beside myself,
were arraigned at the bar of the court to receive judgment.
Four of the sixteen were tried as American citizens, the
others, as British subjects. The court room was densely
crowded, and as I glanced my eye over the assemblage of
men whom curiosity or other motives had drawn together,
to hear the solemn doom of death adjudged to sixteen of
their fellow mortals, it rested upon several respectable Can-
adians whose lives, fortunes and honor were pledged in sup-
port of the cause of liberty. A few of the spectators con-
ducted themselves with shameful levity, and it was evident
that they had come hither as to a fair, or to prop up their
loyalty to their sovereign, by casting contempt upon their
fallen foes; but the countenances of the great majority were
serious, and methought I could see the divinity of compas-
sion stirring within their breasts, and their silent aspirations
ascending upward to the throne of the Eternal One, for Him
who sitteth thereon, to extend to us that mercy which an
earthly tribunal was about to deny us. The stillness of
death succeeded the proclamation of the crier, to keep
silence. I glanced at my fellow captives. Their demeanor
was respectful, and befitting the occasion. There was an
air of calmness resting upon their countenances, an indefina-
ble something in their manner, which might have told their
blood-thirsty enemies that no coward's heart beat within the
aching breasts of their victims; that no sense of guilt, in the
eye of Heaven, raised its accusing voice against them; that
condemnation, under an unjust law, by an unjust Judge,
though it might loose the silver cord of life, and break the
golden bowl of earthly enjoyments; though it might hang
up their bodies between heaven and earth, as unfit for either,
and scatter the elements of their earthly tabernacles to the
winds of heaven, could not deprive them of the conscious-

ENGLAND AND VAN DIEMAN'S LAND.

89i

ness of rectitude, or make them love less the cause of Cana
dian liberty.

Chief Juslice" Jones. — "Linus Wilson Miller, you stand
convicted of a wicked attempt to overthrow the govern-
ment of this colony, by force of arms; a citizen of a foreign
country at peace with Great Britain, of which kingdom this
province is a dependence, you have joined in a most atro-
cious conspiracy to subvert the laws and institutions of the
land, aided by wicked and disaffected subjects of her Ma-
jesty; you have invaded this peaceful and happy province;
seduced good loyal subjects from their allegiance to their
gracious sovereign; raised the standard of rebellion, and at-
tempted the lives of a great number of her Majesty's sol-
diers, who were nobly serving their country. It is in evi-
dence that you were at the battle of the Short Hills, on the
21st June last, with arms in your hands, and acting a very
important part in the transactions of that day. Although,
happily, no lives were lost at the time, you are as guilty in
the eye of Heaven, as though your murderous hand were
actually stained with the blood of your intended victims. —
You have had the benefit of a fair and impartial trial; the
court have granted you every facility for making your de-
fense;- and a trial by jury, the birthright of every English-
man and subject of her Majesty in this happy country, the
sacred peace and tranquility of which you have violated, has
likewise not been denied you. Your education and profes
sion should have taught you to venerate the laws, and to
assist in the preservation of peace; but you have learned,
too late for repentance, that Heaven will not allow wicked-
ness to prosper; yet the awful doom which my imperative
duty compels me to pronounce in this case, may, and I
trust it will, prove a salutary warning to your countrymen,
thousands of whom, are leagued with you in the same unlaw-
ful and unholy purpose. A jury of twelve honest and
respectable men, after a long, and patient hearing of the evi-
dence for and against you, have pronounced you guilty,
without any qualification of their verdict; and you can there-
fore have no hopes of mercy. You are aware of the dread-

B:£!;tjiit.v>-:'M, U

nOTBS or AM EXILE, ON CANADA,

ful penalty which the ]»w you have violated attaches to th(
guilty, and I now ask if you have any thing to .say why sen-
tence of death should not be passed upon you."

<< My lord, your lordship has asked whether I have any-
thing to say, why sentence of death should not be pro*
nounced against me. I shall, with the permission of your
lordship, offer a few remarks; not, however, with the hope
that I shall be able by any thing that I may say, to turn
aside the impending fate that awaits me.

"When I entered this court-room, a few minutes since, 1
neither intended, nor felt any inclination to raise my voice
in my own defense, or offer any remonstrance to the pro-
ceedings taken against me. I consideved it useless to do so;
for, from the course pursued by this court, from the first, 1
knew myself a doomed man. I felt^ too, that the ties which
bound me to this earth, were already nearly severed, that
the bitterness of death was past, and that I was resigned to
my fate. But, my lord, when I look around upon this
assembly, and see so many of my fellow creatures, whose
countenances are beaming with happiness and peace, and
kindly sympathies for the woes and wretchedness of the un-
fortunate; when I look out upon the fair face of nature^ and
see so much that is beautiful and lovely; when my ear
catches the hum of the happy multitude, a» they thread the
pleasant mazes of huinan life, in which scenes I so recently
participated; and above all, when memory calls up the past
scenes of childhood and early youth, wken alH was bright and
fair, and I think of my own happy home and the kindred
spirits there who love me, I can but feel that there is much
to bind me to earth; tkat it will be hard to diie. Aad, my
lord, hard as it may be for one so young in years^ to bid
adieu to earth, it is harder still to die the death of a felon..
Was the crime of which your lordship has told me I stand
convicted, of a nature to deserve death, and bring upon my
name that contumely and reproach which justly belong, and
are attached by universal consent of the good, to depravity
of conduct; was I even sensible that I stood before an im-
partial court of justice, fairly convicted of a crime which,.

ENGLAND AND VAN DIBMAN 8 LAND.

had I but Micceeded, would have been rewarded as a virtue,
but, having failed, subjected me to the penalty of an igno-
tninious death, I would bear without a murinur of complaint
the consequences of my own folly. Hut, my lord, I can not
yield a silent assent to the pertinent remarks which your
lordship has thought proper to make with reference to my
case, lest the world should thereby adjudge me deserving of
all which I am about to suffer.

"In reference to the statute under which 1 have been tried,
I am under the full conviction that it is unconstitutional,
and in this opinion, I believe I am sustained by some of the
legal gentlemen now present. I am of the opinion that no
statute, affecting the life of an individual, whether a subject
or not, can be considered the law of the land until it shall
have received the sanction of the sovereign. Indeed, your
lordship must be aware, that an imperial statute has imposed
an inability upon all provincial legislative bodies to enact
such a law, and the right to legislate upon the subject ol
treason, belongs exclusively to the imperial Parliament. If
I am right upon these points, the proceedings of this court
with reference to my trial, are illegal and void, ab initio; and
I do not, as your lordship has said, stand convicted of any
crime nor subject to any penalty. I know, my lord, that
under this statute Colonel Morrow has lately suffered, and I
have no reason to suppose that my pleading its unconstitu-
tionality, will be any bar to the awful fiat which is about to
fall from the lips of your lordship.

" I am indeed asked why the sentence of the law should
not be passed upon me ; why I should not yield up my life
without a struggle ; why I should not die a felon's death and
go down to a felon's grave, an outcast of earth, accursed by
my fellow men as unfit to live, yet worthy to die ! If I had
done a deed worthy of such a fate, I would say, let it come ;
but I declare to your lordship, that according to the dictates
of my own judgment, I deserve neither death nor bonds. I
have not been guilty of the death of any fellow man ; I have
taken from no one that which was not my own. According
to the evidence produced in this court, by the Attorney Gen-

NOT£S OF AN EXILE, ON CANADA,

eral to convict me, I came not into this country to destroy
its form of government, but with the most friendly inten-
tions ; according to that evidence, my sole business at the
Short Hills was to induce the deluded men there, to return to
the United States without disturbing the peace of the country;
and when, after the most persevering efforts, I failed in my
purpose, I attempted to return as I came, but was prevented
from doing so by the lines being guarded. Thus situated, I
had no alternative but to return and seek safety with the par-
ty. Young and inexperienced, I was led into the error — if
error it may be called — of which I stand convicted, by the
advice of others. Had truth and justice prevailed, I should
not now be called to stand before your lordship in peril of
my life.

"I say I stand convicted; but upon what evidence has that
conviction been obtained '? Upon that of the perjured Doan,
who has become an evidence for the crown to save his own
life. True, there has been some other trifling evidence
against me, from persons who I believe intended to speak the
truth, but they were in error; no doubt they were led astray
from the necessary confusion of the moment.

" From the defense set up by ray counsel, contrary to my
own convictions of justice and against my wishes, most unhap-
pily for myself, the principal witnesses in my favor have not
been heard. This, however, was no fault of the court,, but my
misfortune. I see those witnesses present to-day, to hear
my doom, whose evidence might have averted it^ I appeal,
my lord, to the lancers, whether I did not, in. the case of
more than one of their number, at the risk of my own life,
stay the hand of the assasin, and prevent the effusion of blood.
I appeal to every individual present at the E^ttack at the
Short Hills, whether I did not every thing in my power to
restore property which had beei) tak.en^ and set the prisoners
at liberty.

"I am here before your lordship, convicted, I am told, as a
felon; but appealing to my ow;n conscience, I declare to your
lordship,, to the court and to the world, that I cannot consider
myself guilty of si felonious act,. My judgment and roy cou»

ENGLAND AND VAN DIEMAN S LAND.

}

science approve of my conduct; yet, if it is my fate to suffer
death, I trust I may be enabled to meet it with becoming
firmness, and bow to the mandate that decrees it."

The Judge then asked the other Americans the usual ques-
tion ; and nothing being said, except by the poor boy, Cooley,
who only laughed, and told him to "Go ahead," he pro-
ceeded to pass sentence, prefacing it with snme remarks,
intended as a reply to what I had urged with reference to the
unconstitutionality of the law under which we had been con-
victed ; justifying the enactment of tho law and the punish-
ment under it, upon the ground of expediency ; there being
no other law, as he said, for punishing treasonable offenses
committed by foreigners ; and the country being in imminent
danger from foreign invasion. It was, therefore, as much the
law of the land as any under which the province was gov-
erned, and under these circumstances required not the sanc-
tion of the home government, &c., &c.

^' The sentence of the court is^ that you, Linns Wilson Miller^
George Cooley, Jforman Mallory, and William Reynolds, be
taken to the jail from xohcnce you came, and that on Saturday
the twenty-fifth day of this present month, you he taken to the
ylace of execution, and he hanged by the neck until you arc
dead.^'*

The Solicitor General then moved the court for judgment
upon the other twelve, who were tried as subjects of the
crown. They were separately asked if they had any thing
to say, why the sentence of the law should not be pronounced
njrainst them. In the case of Mr. Wait, his counsel moved
that the verdict be set aside, on the ground that Mr. V\ ag-
staff, one of the jury who had pronounced him guilty, was
not a liege subject, but a citizen of the United States; the
law making it imperative that the jurors, in the case of a cap-
ital ofiense, should be British subjects — but the court decid-
ed that it was too late to interpose that plea. One or two
others made a few remarks, when the Judge proceeded to
what should have been a painful task. He told them that
in all probability, mercy would be extended to some of them,
but to whom, no on« then knew ; and that the recommenda-

FOTES OF AN EXILE, ON CANADA,

tions to raercy by the jury, in the cases of some, would be
represented in the proper quarter. He urged upon them all,
the importance of immediate preparation for another world,
and then pronounced the following sentence :

'^ The sentence of the court is, that you, Samuel Chandler,
Benjamin Wait, Mexander McLeod, James Gemmell^ John
Grant, Murdoch McThaddon, John James McJ^ulty^ David
Taylor^ James Waggoner, Garret Van Camp, John Vernon,
and George Buck, and each of you, be taken to the jail from
whence you cam^, and that on the twenty-fifth day of this pre-
sent month of August, you, and each of you, be drawn on a
hurdle to the place of execution, and thai you be there hanged
by the neck until you are dead; then your bodies are to be
quartered; and may God have Qnercy on your souls / "

Several of the spectators responded a hearty amen to
this last expression, and many burst into tears, among whom
I noticed one of the bailifs, who had us in charge. Reader,
it was a solemn scene. Sixteen men, many of whom were
in the morning of their days, doomed by an earthly Judge, to
•die in the cause of freedom. If there were no avengers upon
earth, there was One in heaven, who looked upon that cor-
rupt court, and unjust Judge, and said, " Vengeance is mine
— I will repay.''

XXQ/LASfD AND VAN DIE&IAN'S LAND.

CHAPTER XI.

The Condemned Prisoners.— Visits of the Tories.— Scorn for Scorn.- Sublime Speecii
of the boy, Cooley. — Visits from Friends. — Intercession of the Lancers. — Letter of
the Honorable W. H. Seward to Sir George Arthur.— Sentence of Death commu-
ted to Transportation to Van Dieman's Land.— Removal to Fort Henry. — The
Parting.— Intercession of Mrs. Wait and Miss Chandler.— Desertion of British Reg-
ulars Arrival at the Fort.— The Point-au-Pelee Prisoners, and others.- The Ex

Pott Facto Law.— Treatment of the Prisoners.— Exercise — Mr. Wrxon. — Mr. Par-
ker—Letters to Friends. — SherifMacdonald.— Treatment of David Taylor.— Death
bed Scene.— Arrival of Prisoners from Niagara.— Visits of Sir George Arthur.—
The Unwelcome Notice.

No language can describe the anxious days and nights en-
dured by our doomed party, while under sentence of death.
As no one knew who, if any, would be spared, the excitement
which all experienced, was greater than it would have been
had it been expected that all would suffer. The men, in
general, exerted themselves to appear cheerful; and while
many a prayer was offered in secret to that Gracious Being
who tempers the wiwd to the shorn lamb, a casual observer
would scarcely have dreamed, from the calm and cheerful
looking countenances we wore, that pur days on earth had
been limited to so short a period. There was scarcely an
hour in the day that some of our enemies were not there,
apparently to insult our misfortunes. Not unfrequently might
be heard the laugh, sneer, and taunt of some oJd Tory, as he
stood peeping through the grates into our cage, and seldom,
indeed, did it happen, that some of our number were not
ready to " repay with interest, scorn for scorn."

"We have you fast you d rebels! Sixteen for the

halter! ha! ha! ha! I'm coming to the fair on the 25th; wife,
family, and all; will give five ^dollars a head for a stand near
the drop, just to see you kick the air, ha! ha! ha!" shouted
an old grey-headed man, one day from the front hall.

06 NOTES OF AN EXILE, ON CANADA,

" Aye, fetch the family," replied a dry chap, who lived
within a few miles of our jolly visiter. " The sight of such a
i^rand hanging-match will do them good, it is to be presumed,
for the example is just the thing they need. I have the plea-
sure of knowing; something about them, old Beelzebub. 1
•caught your youngest son, a few weeks since, robbing my hen-
roost; the older ones, I hear, pursue larger game; and there's
the gals too, who have been on the town these eight years,
let them come along, and bring their gallants with them. It
will do them all good to see how the thing is done; they'll learn
Irow to behave when their turn comes. How often have you
come to look at them in this cage? Say, old fellow, tell us
•all about it."

"You d liar!" shouted the old man, as he retreated,

having, as we all thought, the worst of it.

On another occasion, several of these gentry were joking,
apparantly in great glee and anticipating a grand treat on the
25th instant, when the boy Cooley, with a peculiar grin on his
countenance, which he always wore when he thought he had
something cunning to say, walked up to the grates and
exclaimed, "We're the chaps to break up your goose nests, ho !
he! he!" This was so sublimely ridiculous, that our guests
were at first at loss to understand it, and when at length they
"took it in," through their thick pates, they tried in vain for
half an hour to say something to match it.

We were daily visited by friends, and particularly clergy-
men, many of whom appeared deeply and sincerely to sym_
pathise vvith us, and sometimes a solemn scene of weeping
and prayer took place, in which some engaged who had per-
haps scarcely wept or prayed before for many long years.
We were encouraged by hundreds to hope for the best; but
at the same time admonished to be prepared for the worst.
Many believed that no more executions would take place,
and numerous petitions, bearing signatures of the most re-
spectable inhabitants of Canada and the adjoining states,
were forwarded to Governor Arthur, praying for mercy in
our behalf. I had the satisfaction of hearing from Mr. Boul-
ton, that the lancers, whose lives I had saved, went, imme-

i ■

ENGLAND AND VAN DIEMAN's LAND.

•rrv-

&.'

)er-

irs.

[but

rsl.

cc,
re-
les,
in
liil-

diately after I was sentenced, before a magistrate of Niagara
and made oath to the facts ; a certificate of which was for-
warded to the Lieutenant Governor, and this saved my life,
as my father was afterwards assured by the Colonial Secre-
tary. Many, very many kind friends in my native state,
were not unmindful of me in my affliction ; and their efforts
to save me entitle them to my lasting gratitude.*

On the 22d instant, the sherif came to the jail and read as
follows, from a document which he held in his hand: " Linus
Wilson Miller, his excellency, the Lieutenant Governor, has
been graciously pleased, in consideration of some circum>
stances in your favor, lo commute your sentence of death to
transportation for life to her Majesty's penal colony of Van
Dieman's Land." The same mercy — if it may be so called —
was, on the same occasion, extended to twelve others of my
comrades, leaving Messrs. Chandler, Wait, McLeod, Warner,
Brown, and Beeiaer still under sentence of death. The two
last were tried some days subsequent to us.

* The following letter was written by WiULUM H. Seward, since Governor of the
State of New York :

Stockton, Cliautauque County, N. Y. August I5th, 1838:
To His Excellency, Sir Gkorgk Akthdu:

Sir, — The purpose of this letter, I nm sure, will be my apology for addressing yoa.

I do not know whether it has been the good fortune of my friend, Mr, Francis
Hall, (of the New York Cornmerrial Advertiser,) to obtain the honor of your Excel-
leiicj's acr|U(iintance. I happetied to meet him at the Niagara Falls during the period
of the trials of the persons implicated in the aflnir at the Short HilU. I discovered
then that he had become much interested in behalf of Linus Wilson Miller, a young
man, formerly a resident of this county, who was under arrest for a participation in
that offence. Since that time, Mr. Miller has been convicted, and he is now under
sentence of death, to be executed on tlie S.nh instant. Mt. Hall, with persevering
benevolence, addressed a letter to Col. William L. Stone, of New York, a mutual
friend, requesting him to write to me, and solicit my interposition in an effort to move
your E.xcellency's clemency. In the absence of Colonel Stone, his a'ssoeiate, Mr.
Inman, immediately made known to me Mi. Hall's request. To comply \«itb it was
as I am sure your Excellency will admit, an obvious duty. I have stated thus circtun-
stantially the manner of nay engagement, in justice to the gentlemen whoae humacity
has induced them to take so active an interest in the fate of a stranger.

I certainly have no ground to suj pose that your Excellency has any knowledge
of 80 humble an individual as myself; or that any thing that 1 could offer would have
any influence on your Excellency s course in this unhappy ni*tter. All that has seem>
ed to me within my power, I have done. I have come to the home of the aifficied
parents of Mr, Miller, have conversed with them, and have embodied in a petition
the feelings ibey have expressd to me, as far as they can be written.

The petition accompanies this letter.

N0T£8 OF AN EXILE, ON CANADA)

H It would be difficult to say whether I rejoiced or mourned
at this change in my prospects. Could I have then foreseen
one-fourth part of the sufferings which that commutation
entailed upon me, I should certainly have preferred immediate
death ; but the veil of uncertainty hid things from my view,
and so long as I could hope even for a chance of escape from
my enemies, so long I could wish to live.

On the 23d instant, we were chained and hand-cuffed in
pairs, and removed under charge of the sherif, per steam boat
**■ Traveler,", to Fort Henry, Kingston. Our parting with
our more unfortunate companions was heart-rending in the
extreme, as we had little hopes of ever seeing them again
in this world ; and, with the exception of Beemer, they were
all much esteemed. The estimable wife of Mr. Wait, and
daughter of Mr. Chandler, were then absent on a mission of
mercy to Lord Durham, the Governor General, and the result
was anticipated with feelings of the most intense excitement.

Commending our friends to the gracious protection of the
great Ruler of the universe, who was able to deliver them
out of the mouth of the lion, we bade them a painful adieu.
A guard of sixteen men, of the 24th, accompanied us ; sev-
eral of whom were desirous of deserting to the American
lines. This practice prevailed to an alarming extent to
British interests during the whole season of '38. Scarcely a

!• '

I have also read the petition, subscribed bj' verj many hijrhly respectebJe citizens
t>f the county, who have been personally acquainted v/ith Mr. Miller. My own ac
t\uaintance with him is very slight; but, so fur as my knowledge extends, I ccncur iu
the facts stated in the document, as I do with all my heart in the prayer with which it
concludes.

If to this application of his neighbors and friends, and to the supplication of hi»
respectable und worthy parents, I dare take the liberty to add one word, it would be
to say, that, as a citizen of this country, not altogether unacquainted with the feelings
of my countrymen, and cherishing always an earnest desire for peace and harmony
between the respective governments, I am satisfied that the exercise of executive
clemency by an unqualified pardon in the present case, if consistent with your Ex
oellency's duties as Chief Magistrate, would be productive of a most auspicious in-
Aaence on the frontier, and elevate your Excellency in the esteem of the good citizens
of this Stat«. I write under the paternal roof of the subject of my solicitude, and in
die presence of his parents; and I am sure it would give your Excellency the most
sincere and generous happiness to send into the bosom of this afBicted familj, that
Kiessage, which, in tke providence of Qtd, can come from none else,

I kiT« tbe boBor to s\ibsctib« myself, your Excellency's very obedient servant,

W. H. SBWARO.

■fn

ENGLAND AMD VAN DIEMAn's LAND.

of hi*

uld be

eeling>

rmoriv

culive
ur Ex

us in-
sitizens

and in
e most
Ij, thot

t,
RO.

night passed, under cover of which their veterans were not
able to make a pilgrimage to our shores, where they usually
sold their kit for a ** week's spree," in honor «f thoir escape,
«ind then commenced work like real Jonathans with a vast
increase of pay. Whether, however, this violation of their
oaths, was as justifiable, as it was expedient, is a question
which their own consciences best can decide. Deliberate
perjury requires a very strong plea of justification. Is it
honorable to encourage desertion, even from an enemy '^
That which has been found to be expedient, and practiced
in all ages, may not, after all, be right.

Arriving at Kingston, we wore Janded privately, and
marched by a back road to Fort Henry, which is by far thtt
most formidable fortification in Upper Canada. After being
unshackled, we were turned into a room formerly occupied
by Messrs. Parker, Montgomery, and others, and from
which they made one of the most wonderful escapes from
prison on record. Watson and Parker were re-^captured, but
the others, fourteen in number, succeeded in gaining the
American side of the line. In this and the adjoining room,
were the Point-au-Pelee prisoners and ten persons who
were taken at the first outbreak on Yonge street. The for-
mer had not been tiied, in consequence of having been cap-
tured previous to the passing of the provincial act, of the
12th of January, '38, providing for the trial and punishment
of American citizens ; it being erroneously understood, that
they could not be tried, as subjects for the time being, under
the old law for treason. The latter were the remnant of a
large number of prisoners, who had petitioned the Lieuten-
ant Governor for pardons, under an order of counoH, which
authorized that functionary, to accept petitions of the politi-
(itol prisoners, who should confess their guilt, at his discre-
tion ; and order such punishment to be inflicted upon the
offender, death excepted, as should to his Excellency seem
> fit. This order was passed when the jails of the province
were full, and it was found impracticable to try so great a
number in the usual course of criminal law. It wafi not only
strictly ex post facto^ but the governor and bis council pos-

100

NOTES OP AN EXILE, ON CANADA,

sessed no authority for enacting a law of that nature. Not
even the executive of Great Britain has that prerogative.
Several hundreds of British subjects, however, were admitted
to bail, and many were banished, without further trial, from
the province, under pain of death, if they returned, by virtue
of this act. There should have been sufficient talent in the
province, to have foreseen the consequences which after-
wards resulted from the attempt to transport Messrs. Parker,
Wixon, and others, to Van Dieraan's Land, instead of admit-
ting them to bail.

The room which we occupied was about twenty-four by
forty feet, and was warmed in cold weather by a large stove.
Bedding and rations were furnished us. The former was as
good as could be expected; but the latter was not only defi-
cient in quality, but quantity, and was cooked by a soldier of
the garrison, whose habits of cleanliness might have been
greatly improved. We were, however, allowed to purchase
bread, and other provisions, from the canteen, by paying en
exorbitant price. Knives and forks being prohibited, fingers
and teeth were very useful, but a hungry man soon learns to
despise superfluities. We were mustered several times each
day, by the sherif or his deputy, in order to prevent the possi-
bility of another escape ; at which time every article of dress,
&c., hanging against the wall, was removed, to satisfy our
keepers that there were no excavations.

The best privilege we enjoyed was that of walking in the
yard an hour each day. He who has never been a captive
can not prize, as we did, the fresh, free air, or the value of
an hour's exercise. The physical as well as mental powers,
suffer alike from inaction, occasioning a morbid sensation,
exceedingly detrimental to enjoyment of any kind. This
hour was the only opportunity we enjoyed of cultivating an
acquaintance with our captive friends in the adjoining room.
Among them was Mr. Wixon, a Baptist clergyman and a
very estimable man. He had lost a leg in his younger days,
but some indiscretion in the use of his pen and tongue, upon
the subject of the rebellion, had thrown him into the hands

'4f^

{ I ,'

EMOLAITD AND VAN DIEMAN*8 LAND.

101

of the Philistines, who did not favor him in the least on
account of his absent limb.

A sentry was constantly parading before our windows, and
it formed no small part of his duty to look in at his charge
every five minutes. But our enemies were the losers by this
arrangement, for many a sworn servant of her gracious
Majesty here received information with reference to desertion,
which was generally improved to the best advantage. We
were allowed to write to, and receive letters from our friends,
once in two weeks, but all communications were inspected by
the sherif. One or two letters were returned to me, which I
had written to my brother, on account of their cojitaining
some offensive expressions with reference to our treatment
and the government, and thus were we soon taught to praise
our enemies, if we wished our friends to know that we were
well ; and, indeed , I have even found a little fulsome flattery
indispensable in this matter. Only say "Mr. So and So^ who
has us in charge, treats us with the greatest kindness and affa-
bility, grants us every indulgence consistent with the faithful
discharge of his official duties and is a gentleman of the first
respectability," and should you have no money to pay the
jx)stage on your letter, Mr. So and So will pay it himself, rath-
er than allow so elegant an epistle to pass unseen into obliv-
ion. We received frequent visits from gentlemen belonging
to the British provinces, and occasionally to the States. — -
They always accompanied sherif MacDonald, who appeared
to feel quite proud of the state prisoners, as we were called,
and would generally say something in our praise ; but when
alone he sometimes gave us a terrible tongue-thrashing, for
some trifling indiscretion. He was bitter, cutting, and sarcas-
tic, when he chose to be so, and I am sorry to say it, would
swear most vehemently when in a rage. I have ever thought
tliat interest alone made him a supporter of the Government,
and that in principle he was with us. Some Tories, who
gained admittance under his wing, attempted to abuse and
insult our naisfortunes ; but he told them plainly, in our pres*
ence, that while he had charge of us, the Governor himself
should not take that liberty. ** Place them on an equal foot«

102

MOTES OF AN EXILE, ON CANADA,

ing trhh yourself," said he to an old Tory, one day, "and
you will have no disposition to impose upon them the second
time. They are all brave men, and know how to behave
themselves, and no man shall take advantage of their defense-
lossness to insult their feelings."

Soon after our arrival at the Fort we had the misfortune to
lose one of our numlier by death. David Taylor, a young
Canadian of mild and gentk3 demeanor, steady conduct, and
good principles, had taken a severe cold at Niagara, where,
although removed to the hospital for a day or two, he was
much neglected by the doctor, a man who seemed to esteem
the life of a rebel captive as of little or no consequence. —
When we were removed he was quite ill, notwithstanding
which, this man ordered him to be shackled, the same as il"
quite well, and was shamefully harsh and brutal when poor
Taylor complained ; and I believe that this, together with an
.•Umost broken heart, brought on a speedy termination to his
earthly sufferings. He never left his bed for an hour after
our arrival, but lay in the same room with us, silent, uncom-
plaining, and fast sinking into the arms of death. Crushed
in spirit, his soul seemed to loathe a prison life and hasted to
be free. The surgeon of the Fort visited him daily, but
refused to remove him to the hospital, where proper care
might be taken of him, and indeed, gave him little medicine.
He too, seemed to care nothing for the life of a prisoner. —
The sick man, however, wished to remain -^ith us, and wo
tried hard to supply, as far as possible, the tender care of a
mother and sister^ whose names were ever and anon on his
lips, both in his waking and sleeping hours. " Sister," he
would say in his dreams, ** dear sister, why, oh ! why are you
absent from your dying brother ] Come, oh ! come, and give
me, but one kiss before I die ! come and whisper in my ear
that you love me ; and mother, too, where, oh ! where is she 1
Mother, dear mother^ will you not bless your poor dying son I
Will you not say, you forgive him all the trouble and grief he
has ever caused you? Come, mother, and smooth my dyings
pillow; how hard it is! but it will soon beWer, for my heart
is, dear mother, my heart is broken, and I shall soon die. Do,.

BNOLAND AND VAN DIEMAN's LAND.

103

mother, do, dear sister, make my pillow softer ; do come and
toll me you love me : oh ! let me hear those words once more !
Oh ! the p;loomy prison walls — the cells — the chains — how cold
and heavy they are on my aching limbs! Will they not take
them off even when I'm dying ? Must I die in chains 1 Will
they lay my poor body here in this dreadful place, far, far
from homo and friends? not even a mother, or a sister, to
weep when I'm gone ! Off, off with the chains ! Take me
out in the free, fresh air! let me breathe it again, let me look
once more ui)on the sun, ;ind then kill me, for I can't live in
f»rison. There are no chains in heaven ! oh no, then I shall
be free."

On the 27th instant he appeared to be very low, and it was
nvidont that his end was near. Having watched, with James*
Waggoner, by his couch all night, I sought repose upon my
-own bed, and was awakened about eleven o'clock, A. M., and
informed that poor Taylor was dying. Hastening to his bed-
side, I was just in lime to see him close his eyes, as we
all supposed, forever. He lay about fifteen minutes, ap-
f)arently quite dead, when, to our great surprise he suddenly
revived, and a scene ensued which I can never forgot. With-
in thirty seconds after ho was observed to breathe again, his
oyos opened and his lips began to move, and "Glory — glory
— glory ! hallelujah ! blessed Savior, blessed Jesus ! praise
Him ! O praise the Lord ! let the whole earth praise and bless
Him !" burst forth, as it were, spontaneously from his tongue.
For several minutes, similar exclamations filled the dying
man's mouth, his countenance beaming with inexpressible joy,
his eyes and hands raised to heaven, in the attitude of devo-
tion. Around his bed were the careless sinner, the professed
infidel, and scoffer at religion, none of whom could refrain
from tears. Diiring his whole illness he had never spoken
upon the subject of religion except in brief answers to ques-
tions put to him by some of his companions. He now ad-
dressed us in the following words : " You all thought I was
dead, and I thought so, too ; for my spirit was free, and I was
free, and I was with angels, and with Jesus. Oh, it was
a glorious sight, and I would not live upon earth, if that wa&

104

NOTHS OP AN EXILE, ON CANADA,

i- ■<

\ .1

heaven. The angels told me I was too willing to die with-
out praising the name of my blessed Savior ; that I never had
praised Him as I ought, and must come back and do so befora
leaving you forever : that I must bo raised to show the power
of God, and be a witness to you, my dear friends, of his infinite
goodness and mercy in pardoning my sins, and in taking me
from this place of sorrow and suftering to heaven."

Observing one who had nursed him with much care standing

aside, deeply affected, he said, *'W , come and shake iiunds

with me : do not weep on my account, bul witness the power
and goodness of God, who would not allow mc to leave you
without praising His name, and telling you all what He has
done for my soul. Look upon mo, friends, and sec what
a reality, what a blessed reality there is in religion. It fills
my soul with bliss and inexpressible joy in this trying hour.
Oh! ^ill you not love and serve Him, who has done so much
for me? Won't you believe in Him] But I have never
praised Him before as I ought ; nor did I ever know how
very precious He is till now. I have been a great sinner,
but He has forgiven me, and is now about to take me home
to Himself; and I shall soon be free from bonds and imprison-
ment. Tell, oh, tell my friends that I die happy, that I love
them ; that 1 love the cause of liberty ; that I love the Sa-
vior. But my time is expired, and I am going ! — they come
— they come — the angels — blessed Jesus — glory — g-1-o-r-y —
J-e-s-u-s " — died on his lips, and his happy soul winged its
flight, accompanied, doubtless, by angels, to the bosom of its
Creator. Thus died David Taylor, aged 2G years. May
his political enemies, who condemn the part he acted in the
Canadian rebellion as wicked, be equally happy in the hour of
death. As I stood by, and closed his eyes, when the last
struggle was over, I said in my heart, '* Let me die the death
of the righteous, and let my last end be like his." His remains
were buried without ceremony, in the yard, at Kingston, set
aside as the resting place of the prisoner ; and many a mar-
tyr to the cause of liberty has, since then, found a bed by his
side, unwept, unhonored — but blest !

On the ^9th, we were agreeably surprised at seeing our

BNOLAVD AND VAN DIEMAM's LAND.

106

his

oompaDions, from whom wc had parted under painful cir-
(Tumstanccs at Niagara, march into tho Fort ; chained, of
<'«)ur8e — but this was hotter than tiie guilows, which wo feared
had faJIen to their lot. They were Hparcd, through the pcr-
ticvering eilorts niid intercession of tiie tw<i excellent ladies
l)cfore mentiomnl, an interesting account of which may bo
found in Wait's nanative or i iters from Van Dienmn's Land,
— a book woi ?lu' tho aff' ntionof tlie reader.

His Excolloncy, Sir Goorgo Arthur, visited Fort Henry
twice while wo were there ; and I consider it only an act of
justice, to state his conduct with reference to myself. The
first time he came, after examining the Fort and reviewing
tlie troops, he took possession of one of the otiicer's rooms and
sent for all of the prisoners, who were in turn ushered into his
presence, by his orderly, the door being guarded by soldiers.
When I was admitted, his Excx3llency said :

" I have sent for you, to learn whether you are sensible of
your error with regard to the crime of which you have been
(tonvicted. I wish you to understand me. I have become inter-
fjsted in your case, chiefly because I believe you to have been
sincere in your conduct ; and the lancers, whose lives you
saved, have been interceding with me, in your behalf. Take
time to consider, before you answer my question. Can you
say that you arc sorry for what you have done, and promise,
if I should grant you a free pardon, logo home to Chautauque,
and follow your profession, without taking any further part in
tJie rebellion ? Unless you will do this I can not befriend you."

I confess — I folt grateful to his Excellency, for his kind in-
tentions; but, as I could not say I was sorry for what I had
done, or promise to do better in future, being bound by a sol-
emn oath to persevere in the cause until it was abandoned, I
told him I trusted he would not deem me ungrateful ; but I
could not consistently comply with his conditions. He ex-
pressed sorrow at my resolution, and said he had no other
^alternative but to order the sentence of transportation to be
carried into effect. The second interview resulted like the
first, and his Excellency manifested such friendly feelings, on
'both occasions that I could not but regard him in a more favor-

106

NOTES OP AN EXILE, ON CANADA,

able light than others have done. Some of my fellow cap-
tives, however, complained that he abused them without mercy.
On the 9th of November, we were much surprised at re-
ceiving an order to be in readiness, in an hour's time, for remo-
val to Quebec. We had all hoped, that after a few month's
imprisonment where we were, the government would be
satisfied to let us out on bail ; and indeed, we had received
many assurances from friends that such was the intention of
our enemies. We all felt, that the hasty measures adopted
were cruel in the extreme: not one had made any preparation
for so long a journey ; and but one or two had half cloth-
ing enough to guard against the cold weather, or money to
purchase such necessaries as the nature of the case demand-
ed ; besides, we were not even allowed to write to our
friends, chains and hand-cufis being put on our limbs within
a few minutes after we received the notice. Reynolds and
myself were, as usual, united. Mrs. Wait was present, en-
couraging her husband, and indeed all of us, to bear this
adversity with becoming fortitude. Woman has been called
the weaker sex, from time immemorial; but certain lam,
her conduct often proves the saying false. In seasons of
distress, when weakness of mind become manifest, then it is
that her strength, her fortitude, and enduring constancy,
outshine the most dazzling qualities of man. Those who
have experienced or witnessed her ministrations under such
ciTcumstances, can best appreciate her inestimable worth;
and on the other hand, as the sex sometimes prove fickle and
false, none can feel so bitterly the folly of trusting to wo-
man, as the lone captive who finds that the last and only
hope of which bonds and imprisonment could not deprive
him, was only a breath of wind, to be blown where it listed.

BIfOLAND AND TAN DIEMAK 8 LAND.

107

•'¥^,A

'Hi

CHAPTER XII.

Removal of twenty-three Prisoners. — Tlie steamer Cobourg.— The Thousand Islaiuls.
— Dreadful Suffeiiiicx. — Prescott. — Amusing Incident. — Tli« Rapids. — Cornwall.—
A Tyrant.— CrossiiijT of the Patriots at Prescott — Alarm of iho Enemy.— Cotemu di/
Lac. — Inciltuts. — Cascades. — The Ravages of War.— Beauharnois in Kuius. — Deso-
lation of the Countryi Plunder, &c., by tlie Briti.sh Army. — Mansion House of

Mr. Ellis The Soldier's Accountof the Burning of .S^ Dennis and St. Eualache— Sir

John Colborne. — Montreal. — The Guard House.— Brutal Trea<meiit.— Col. Town-
tiend. — The Mnb — Tlie Loyal Irishman and Negro. — Anecf'.otes of the Negro on
sentry— and Drill Sergeant.— Arrival at Quebec. — The Jailer. — Notice of remoralto
England. — P/mbarkation. ><

At 12 o'clock, we bade adieu to Fort Henry, leavinp^
many of our companions behind, among whom was Mr.
John W. Brown, whose sentence was changed from transpor-
tation to confinement in the penitentiary for a term of years;
as was that also of Erastus Warner, who received a severe
wound in the skirmish at the Short Hills. Both were, how-
ever, admitted to bail in about one year afterwards.

The names of my comrades were John G. Parker, Randall
Wixon, Finlay Malcolm, Paul Bedford, Robert Walker,
William Alves, Ira Anderson, James Brown, Leonard Wat-
son, Benjamin Wait, Samuel Chandler, James Gemmell,
Alexander McLeod, John James McNulty, James Waggon-
er, John Vernon, William Reynolds, Norman Mallory,
George Cooley, Garret Van Camp, John Grant, and Jacob
Beemer. The first nine were ordered for transportation
without a trial, under th€ act referred to in the previous
chapter. The remainder were all taken and tried at Niaga-
ra, with myself. We were marched to the wharf in our
chains, a distance of nearly half a mile, and placed among
the horses belonging to a troop of cavarly, on the middle deck
of the steamer "Cobourg,' 'where we had but just room enough

108

NOTES OF AN EXILE, ON CANADA,

to stand upright. The 93cl Regiment were on board, bound
for the Lower Province, where they were much needed, at
that time, to quell a second outbreak. No time was lost in
getting under way, and as we glided swiftly down the St.
Lawrence, although sensible that every moment was increas-
ing the distance between rae and home, and friends, yet I saw
nothing, and felt nothing, but the irons, and cold, piercing
winds, and I wished for nothing so much as death. Never
had I felt cold so intensely before. Long confinement in our
warm room at the Fort, and thin c!- fhing, probably caused
me to suffer, in this respect, more than I should otherwise
iiave done. But for a blanket and pea-jacket, served out to
€ach man, I verily believe I should have frozen to death.

In the evening we passed the *' Thousand Islands," and
my poor friend Reynolds, observed to me — " Many are the
happy hours I have spent here under Old Bill: would to
heaven he was here now to serve the * Cobourg' as we did
the Sir Robert Peel." But the hero of the Isles was not
there, and we glided past them, feeling in our hearts that
beyond there was no hope of relief from our friends. Dur-
ing the night, some of our number lay down, in a pile,
among the horses, which, with the hand-cuffs, chains, and
manure, formed a very interesting group. It was a night of
•dreadful misery to all of us. We arrived at Prescott early
next morning ; and while 1 turned my eyes towards Ogdens-
burg, I felt that I loved my country. It was hard to be so
near friends, and a land of liberty, and feel the galling
chains which we wore. We were here shifted to the steamer
^* Dolphin,'' with the same accommodations as before. On
our way down the river we saw numerous companies of mi-
litia, and volunteers, drilling ; who, at the sight of the red
•coats, would generally cheer for the Queen most lustily.

This seemed to annoy our poor fellows much, and we all
felt indignant at hearing such sounds from men in fighting
€ot whom we had lost our all, and were then suffering pains
worse than death itself; although the poltroons were doubt-
less ignorant of oar being on board. At length, J. J. McNul-
ty^ an odd fellour of Irish desent, could bear it no longer, and

BNOLAND AND VAN DIBMAN'S LAND.

109

jumping upon some boxes, he held up his manacled hand^
and with the other waved his hat in the air, in answer to their
cheers, and shouted loud enough to be heard a mile : "Hurra

for McKenzie! hurra! hurra! hurra for liberty I — you d

fools!" This seemed to check their loyalty, and puzzled
them not a little, coming, as it did, from a steamboat show-
ing the " Union Jack,''^ and covered with red coats; while it
excited a hearty laugh among ourselves, in which the sol-
diers and officers joined. But they afterwards threatened to
fire upon us, if it were repeated ; the captain expressing his
fears that they might think his boat belonged to the rebel
party, and attack her; but one of our number told him the
militia would sooner fight for than against the rebels.

We ran the rapids of the mighty river, commonly called
the " Long- Sault,^^ in the steamer; a somewhat dangerous
experiment, Dlirham boats being commonly used for that
purpose. But one steamboat had ever ventured to do so
before; this was, however, an emergency which seldom oc-
curs; the " Dolphin," being required below, as well as her
cargo of soldiers, the rebels having burned the boats used for
transporting troops. There are two channels, one American,
the other British, and, as we took the former, I had the plea-
sure of being transported through the territory of my own
country, in chains, for a political offense. We ran a dis-
tance of nine milts in less than fifteen minutes. The British
channel is generally run in eleven minutes by the Durham
boats.

We arrived at Cornwall, a small village containing a court-
house, jail, churches &c., at 2 o'clock, P. M. Alter some
delay, it was determined that we should remain for the
present, while the boat proceeded with the soldiers, who were
then in great demand below, and it was considered unsafe for
us to go further, for fear of a rescue by the rebels of the
Lower Province. We were accordingly marched to jail,
through mud more than a foot in depth most of the way.
Here we had a partial respite from our sufferings, which had
become dreadful. This was the first time that I ever felt
thankful fro the privilege of going to jail. The jailer, an

110

NOTES OF AN EXILE, ON CANADA,

honest-hearted Dutchman, did every thing in his power to
make us comfortable, but a wretch whom they called Colonel
Turner, and who commanded the soldies at Cornwall, mani-
fested the most inhuman barbarity in his dealings with the

d rebels, as he termed us. Although our wrists were

horribly swollen by the hand-cuffs, and we were as safe as
the thick walls of a jail and a strong guard of his own men
could make us, yet he forbade the deputy sherif to take
them ofli"; and when the physician told him it must be done to
save our wrists, he yielded a reluctant consent to have them
transferred to our well hands. He threatened, at the same
time, to put more irons on, and to shoot the whole party.
No savage could delight more in torture, or excel him in
ferocity.

On the evening of the 12th, our keepers and the inhabi-
tants of Cornwall were greatly alarmed by the crossing of
the Patriots at Prescott. The bells of the churches were
rang with violence, for an hour, to arouse the citizen sol-
diers; and there was a general cry of, "to arms! to arms!"
Colonel Turner and his bravos were frightened half to death.
Arms were hastily put into the hands of the peasantry, who
would, in all probability, have fought against the govern-
ment, if the Patriots had shown themselves in force. We
were kept in continual agitation and suspense, from the ex-
aggerated reports which the terrified jailer communicated to
us, and were ordered to hold ourselves in readiness for re-
moval at a moment's warning, as they appr<4iended a rescue.
Heartily did we pray th-at they might not be disappointed.
On the 13th, we were placed onboard the steamer "Nep-
tune," and at 7 P. M., arrived at Co4eau du lac^ where we
had a famous ride, in drays, a distance of four miles, to the
Fort so called, although it deserves not the name. It took
us two hours to accomplish this distance. We remained
here two days and three nights, under the Glengarry's, a re-
giment of Scottish militia, who were rebels in heart to a man.
We were confined in a little stye, which would have accom-
modated half as many pigs very decently. ^ On the 16th, our
(keepers pressed several carts and drays, and we proceeded

fi!

ENGLAND AND VAN DIEM AN 8 LAND.

Ill

P»

by land. The ruads were almost impassable, and it either
rained or snowed the entire day, wetting us to the skin in
less than hour after we started. We met two regiments o(
regulars, on their way to Prescott, to crush our friends at the
Windmill. When within four miles of the Cascades, we met
a regiment of militia, bound for the Upper Province, the offi-
cers of which ordered us to get out and walk, as they requir-
ed the drays to transport their lazy soldiers ; but our guard
had spirit enough to resist them, and after a long altercation,
and tongue waVy for which they appeared to be well qualified,
we were allowed to proceed. On arriving at the Cascades,
I was scarcely able to stand. Food was scarce here, our
keepers having to ransack the town twice over before they
succeeded in finding enough to keep themselves and us from
starvation. The soldiers had, literally, eaten the poor hahi-
tans out of house and home ; and as these poor people were
looked upon and treated as rebels, they had no redress. —
They were of French extraction, and generally suffered
much from persecution from the few English resident among
them. The next day we were accommodated with the
ladies' cabin in the steamer " Dragon," and as we proceed-
ed down the river, we witnessed the ravages of civil war
wherever we turned our eyes. The ruins of villages were
still smoking ; farm-houses, and pleasant villas, were reduc-
ed to ashes, and the poor women and children, wandering
through the fields and forests, houseless and friendless,
without food or clothing, or covering of any kind, to screen
ihem from the piercing cold. Their lamentations were
^enough to move the hearts of savages to pity; yet, British
Tyrants could glory in the heartless destruction and misery
which they had so wantonly inflicted upon those they knew
t» be innocent of the rebellion. Thousands of dwelling-
houses were burned by order ot Sir John Colborne ; and what
became of the ruined and suffering families, of old men,
women, and children. Heaven only knows. Many must hav«
perished in the snow. The steam boat stopped a short time
at Beauharnois, a few days previous a flourishing village, but
then a pile of ruins ; the sanguinary Colborne having ordered

112

NOTES OF AN EXILE, ON CANADA^

the houses of the reformers to be burned, and their planta-
tions laid waste, without discrimination or mercy, through-
out all the disaffected districts. I went upon deck and look-
ed upon the desolating scene. As far as the eye could reach,
the valley of the St. Lawrence, which is perhaps scarcely
excelled by any in the world, in the same latitude, in rich-
ness, fruitfulness, and beautiful scenery, exhibited the foul
work of the destroyer. Smoking ruins, blasted prospects,
blighted hopes, piercing cold, starvation, persecution, de-
spair, and death, were all that remained to tens of thousands
who had dared, or whose fathers, husbands, sons, or brothers,
had dared to raise either arm or voice, against the wanton
usurpation of their rights. The village before me was utterly
desolate, the inhabitants having fled to the hills and forests
to save their lives and escape the wanton fury of the sol-
diery, whom I saw prowling about in search of plunder; a
practice said to have been encouraged by their officers.
Every paltry soldier, more particularly the militia and volun-
teer of the Upper Province, was heavily laden with spoils.
Order and discipline there were none ; but horses, donkeys,
and indeed every thing which could carry a load, were
pressed into the plundering service of these valiant scoun-
drels. The beautiful mansion of Mr. Ellis, a member of
the provincial legislature, which stood near the wharf, was
spared from the flames, for the purpose of being converted
into military barracks. A choice library of several thousand
volumes, and the most superb furniture, were thrown into
the muddy streets. One of our keepers, a Mr. Morris, step-
ped on shore and selected a quantity of the books from the
mess, for his own use, excusing himself by saying, " They
will soon be spoiled in the wet and mud ; I may as well have
them." — He observed to me that the property destroyed in
that single house, would, in ordinary times, have sold for
twenty-five thousand dollars.

I overheard a soldier describing to a companion, some of
the scenes of the first outbreak. Several hundred old iiier,
women, and children, relatives of the rebels, had, upon tb«
defeat of Papineau's party, fled to the churches of St.. Den-

ENGLAND AND VAN DIEMAn's LAKD.

113

ceys,
were
oun-
of
was
ted
and
into
ep-
the
hey
avc

nis, and St. Eustache as a sanctuary; but the sanguinary
Colborne, surrounded them with his troops, and gave orders
that the torch should be applied to the churches, and that
every man, woman and child, who should rush forth from
the flames, should be instantly shot down. ** It was a horrid
sight,'' said the narrator; "they begged for quarter, in the
most piteous accents, and their cries and lamentations might
have been heard a mile ; but they were unheeded ; the fire-
brand was immediately applied, and then commenced a scene
upon which demons could not have gazed unmoved. Aged
sires, aged matrons, the faithiul and devoted wife, the bloom-
ing maiden, the school-boy, and the prattling infant were all
there ; and as the flames began to spread, their shrieks were so
dreadful, so heart-rending that it appeared to me our officers
must relent. Some of them seemed moved a little, but others
were laughing in derision, and urging their men to slay with-
out mercy. Many rushed forth from the flames, and were
instantly shot down. I saw a young and beautiful maiden
leap from a window ; many shots were fired at her, but she
fell not. Rushing toward our ranks, she held up her lily-
white hands in supplication, and a few of our men, who
perhaps had daughters of their own, cried out, * Spare her!'
but an old gray-headed soldier ran his bayonet through her,
shouting at the same time, * Take that, sweet-heart; no doubt

your lover is a d rebel !' A mother rushed Irom the door

hugging an infant to her breast. Falling on her knees, she
begged for the life of her child, but a bayonet was run
through both ; after which an officer, in wanton brutality, cut
off both their heads with his sword, l^ot a single soul es-
caped — all were butchered that did not perish in the flames.*'
Reader, for such praiseworthy conduct as this, the horrors
of which are but half told. Sir John Colborne was afterward
made a Peer of Great Britain with the title of " Lord
Seaton." Can an Englishman reflect upon this and not feel
ashamed of British justice ; or a christian read it and not

" Blush, and hang his head, to own himself a man?^^

We reached the city of Montreal at 8 o'clock, P. M., cold,
wet, and hungry, having eaten nothing during the day. Wo
8

114

NOTES OF AN EXILE, ON CANADA,

1(11

were marched to the city guard-house, ^where the 24th were
quartered, and thrust into a small apartment in which we had
only room enough to stand upright ; but could neither sit nor
He down. Our wrists were very much swollen. The pain of
my own was most excruciating, and my limbs were scarcely
able to support me. Some of our party had likewise suffer-
ed greatly from the irons upon their ankles during the whole
journey. Mr. John G. Parker was particularly unfortunate
in this respect. We asked a subaltern officer who had us in
charge, to take off our hand-cuffs and allow us a light while
we ate our suppers, or, at least, long enough to cut our bread

and meat; but were told that the "d rebels deserved

no mercy and we need not expect any." Some of our men
were thirsty and begged for water, but even this was denied
them. One of the soldiers placed a lamp near the window
over our door; but the officer, with an oath, pulled it down,
leaving us in utter darkness to eat the meal which we so
much required after our long day of fasting and fatigue.

About 10 o'clock, a commissioned officer of the 24th came
in, and, although he did not appear to be troubled with too
much of the milk of human kindness, had the decency to pre-
tend extreme displeasure at the wanton barbarity which had
been shown us ; and ordered part of our number to be remov-
ed to the garrison, making room for the residue to stretch
their aching limbs upon the soft floor: but the hand-cuffs-
stuck to our wrists in spite of our remonstrances ; a circum-
stance which deprived me, and I believe several others, of
sleep, the pain arising therefrom being too excruciating to
admit of even temporary forgetfulness. We were kept in this
condition until 4 o'clock, P. M., the next day, without being
allowed either food or water, and then marched a distance of
half a mile to the wharf. The streets of the city through
which we passed, were densely crowded with spectators,,
who seemed very anxious to stare at " the Upper Canadian
rebels," as we were called. Many of them, particularly the
French, manifested much sympathy in their looks, and I saw
several burst into tears as we dragged our heavy chains
through the mud.

ENOLAMD Ann VAN DIEMAN's LAND.

115

lains

Among the mob was my old friend, Colonel Townsend, of
the 24th. He followed us the whole distance, manifesting a
very laudable desire to make his parting with one whom he
had tried hard to elevate as high as the platform of a gallows,
as pleasant and agreeable as his excellent breeding, fine feel-
ings, and honorable principles would admit ; calling out to his
polished blackguard acquaintances every minute and pointing
to me, " There goes Miller ! Don't you see that tall, slim
fellow there 1 that's Miller, the d Yankee lawyer sym-
pathiser." At the wharf a mob of the most squalid, miserable
looking objects I ever beheld, was assembled, evidently for
the express purpose of insulting us ; and an admirable per-
formance they made of it. Groans, hisses, and speeches of
various kinds were profusely showered upon us. A fellow
close by my side exclaimed, " Thar go the hinimies of our
beloved Queen — damn the hinimies of our beloved Queen —
long live our beloved Queen ! " I turned my eyes in that
direction, and behold, this loving subject of *^ our beloved
Queen " looked as though the woman whose name hung
so sweetly upon his loving lips, was very unmindful of him ;
for he was decidedly the greatest curiosity of the rag-a-muffin
species ever imported from the land of " milk and honey,"
swate Ireland. "Och! och! och! my coontre, my QvaneI
Swate crather!" How an honest-hearted Paddy, who has
been a slave all his days, can love thee ! There were like-
wise several ragged negroes in the mob, probably runaway
slaves from the States ; one of these fellows manifested more
loyalty and love for Queen Victoria than the Irish cr other.
Thrusting his handsome visage almost into my face, he first
gave a few genuine nigger groans and hisses, and then com-
menced, " Vot for you no lub our belubed coori (Queen) like
as Sambo do ? Vot for you fight em, eh ? You all vun dam
bad man. You fight him coon. You no lub him coon 1 Sam-
bo lub him coon — long lib our belubed coonf^^

An entire regiment of blacks, officers excepted, was raised
in Upper Canada during the first outbreak. One of them
was placed on sentry near Chippewa one night, while Van
Rensselaer and his men held Navy Island. A Canadian

116

NOTES OF AN EXILE, ON CANADA,

refugee in endeavoring to pass the lines, happened to cross
the Negro's beat, Avho, as in duty bound, immediately roared
out, " Who corame dar ]" "Friend,'' was the reply. " Fren
be dam ! — say Chippewa tre time, or ye no pass dis nigger
dis night." Taking the hint, "Chippewa," the watchword
of the enemy, was immediately repeated thrice in succession,
and he was allowed to pass; the sentry saying, " Pass on,

Chippewa, all well. Go to h too, dam fool; meet any

more fool, tell 'em say Chippewa tre time, if dey're comin dis
way." It was said, although I will not vouch for its tiuth,
that one man drove the whole regiment a mile, by throwing
pebble stones at their shins. I once passed a Negro sergeant
drilling about a score of his comrades, and was not a little
amused at the performance. The orders were given after
this fashion, " Come dis way ; come dat way ; turn dis way;
turn dat way ; turn him toe right ; turn him toe lef ; face him
roun tudder way ; cock him gun up straight ; now march
straight forard ; now turn dis way ; now turn dat ; ncv/ stop
one dam nigger all; now cock him gun ; now persent him
gun ; not so dam high ; not so cot dam low ; now pull him
trigger; now recubber him gun; now march him straight
back where him come from, straight forard ; now stop one
dam nigger all ; now gib him tre cheer vor our belubbed
Queen, vot so dam good, gib poor n^^ger bread and
meat." I certainly thought Victoria was hard pushed for
soldiers.

We were well treated on board the steamer " British
Queen," had a warm cabin to ourselves, our wristbands were
taken off, and we were likewise furnished with something eat-
able ; which, after our fast in the hospitable city of Montreal,
we much needed. The next day, at 2 o'clock, P. M., we
reached the Gibralter of America. We were well accommo-
dated at the hotel which persons in our circumstances always
patronize ; had our irons all taken off, and made ourselves
quite at home during our stay. The landlord, or "gover-
nor" as he termed himself, having doubtless, a dislike to the
proper epithet of jailer, was a jolly, honest-hearted old gen-
tleman, and exerted himself not a little to make us cheerful

ENGLAND AND VAN DIFMaN^S LAND.

117

)elieve that we were
ing 'iLe v'nter; but

rful

nnd happy. As yet we had been led
removed to Quebec for safe keeping U
the day after our arrival, the sherif iiil'( inc(J us 'lat he had
orders to forward us at once to Engljuu. ; and as the render
may guess, we all began to smell the land of Kod; which '•ir
George Arthur knew, from experience, to be a fine cou' ry,
suited to our peculiar tastes and dispositions, or he had not
found it in his heart to send us there at so much trouble and
expense. A lumber vessel was about sailing for Liverpool,
and our passages were forthwith engaged. This was, we
understood, the last vessel outward bound for the season, and
the river had already began to freeze over, so that some fears
were entertained by the authorities that the vessel would not
be able to clear the gulf. The Rev. Thomas Osgood, a very
plain, simple clergyman, but an excellent man, whose name
is indentified with the Sabbath school cause in Canada and
some of the New England states, called upon us the day be-
fore we sailed ; and after saying that he had engaged his
passage to England by the same vessel, asked permission to
pray with and preach to us during the voyage. This was,
of course, granted without hesitation on our part. We ask-
ed permission to write to our respective friends before leav-
ing our native land, as we feared, forever. This was granted
with an ill grace, however ; but not one of our letters were
ever forwarded, as I have since ascertained; and our friends
knew nothing of our removal until the news found its way
into the public papers. On the 22d November, the chains
and hand-cuffs were again put on, and we were marched
through the streets of the city to the wharf. We were again
the subject of much curiosity, and a mob of Irish emigrants
commenced hissing as we passed through the city gate; but a
^;ry of, " Silence! shame on you, to insult the poor fellows,"
from the citizens, put a stop to it. A boat was in readiness
to convey us to the " Captain Ross," a barque of some 250
tons, which lay in the stream with the "Blue Peter" flying
at her mast-head. With an aching heart I stepped into the
boat, fearing that I might never place my foot upon the
American continent again.

118

lfOTB« OP AN BXILIy ON CANADA,

CHAPTER XIII.

Th« IrUhman'i Soliloquy.— Th« Lumber Vtnel "Oaptiin Row."— The Priion Cabin.
— Tht Ritioni.— Capt. Morton.— The Guard of Soldiert.— Sea-Siokneu.— The
Gale.— Sufleringt of the Priaonera.— Attempt to Mutiny.— The Traitor.- A Scene
en Deck.— Sail, ho!— Speaking the Baltimore Clipper.— ^Arrival at Lirerpool.—
Remarka.

" Ship ahoy ! thunder and blazes ! pitchforks and shillalahs !
Och! murther! murther! murther! — but we're done for now!
I always knew they meant to kill us, but didn't think of being
buried alive in sich an infernal hole as this. Liverpool, eht —
by Jupiter! not a soul of us will ever live to set foot on the
blessed shore again. The land-sharks might as well have
dissected us as to bring us here for the sea monsters to digest.
Well — well — it's of no use to whimper or blubber about it;
but the fishes won't get much of a feed out of me — that's one
comfort. I'm nothing but skin and bones, and they'll have
to be devilish hungry before they'll stomach my carcass. — I
wonder if they've got any provisions aboard this old scow?
Sich kind o' things must be scarce in Canada, from the way
they've dealt them out to us. I'm so hungry, I could eat the
chains on my legs, and a bushel of hot 'taters to boot. Och ?
murther! murther! — but I'll never see my poor wife again!"

Such was the soliloquy of J. J. McNulty, as I, with my
poor mate Reynolds, was thrust — after having been twice
searched on deck — into the hole of which the honest Irish-
man was complaining. At first it was so dark that I could
see nothing, owing to our sudden transition; but while listen-
ing to the foregoing, and other expressions of horror, from
various individuals who were groping about in search of
berths, &c., the film gradually wore away, and object after
object in our living tomb became dimly visible; and I confess

EMOLAHD AND VAW DIEMAK'S LAND.

119

I was horror-stricken. The depth between decks wai less
than five feet There were six berths on each side, five and
a half feet long, and three and a half wide; and two across
the ends capable of accommodating one person each. In the
center was the hatchway, underneath which were two tubs
for general purposes. The whole space, including berths,
hatchway, &c., was about fourteen feet by twelve, in which
thirty-four persons were to live during a voyage of 4000
miles. Eleven French Canadian convicts, thieves, highway
robbers and murderers, were thrust in with us: fortunately
but one or two of their number could understand or sp«ak
English. Indignant as we all felt at the insult, we had no
redress, except in keeping thorn a distinct class as much as
possible. Nine of their number occupied three of the side
berths, the other two sleeping upon the floor, as did some
of our own party. Being chained in pairs, the constant
rattling of our irons added not a little to our other afflictions.
Sixteen hours out of twenty-four, the hatchway was closed,
depriving us of fresh air, and shutting out all light except
what two small sky-lights afforded. The rations allowed us
were, for breakfast, a mixture of boiled meat and potato,
which the Frenchmen called lobscous; for dinner, boiled beef
and a sea-biscuit — the former was always very salt, and the
latter very mouldy; for supper, a kind of gruel made of oat-
meal, which was called stir-about. Wooden bowls and spoons
were graciously allowed us, to facilitate the fastidious busi-
ness of devouring our food. Something less than a peck of
dirt answered for seasoning, and gave to the delicious stuff
an agreeable flavor; insomuch that seeing it, even by our dim
light, was sure to beget the desire of eating, whether one had
an appetite or not: in fact the first sight and smell of it caused
me to vomit, and the same cause produced a similar effect
during the whole voyage. The captain, who rejoiced in the
appellation of Digby Morton, was a stout, jolly-looking fellow;
but, as we soon learned, a desperate coward. He always
managed to keep at a respectful distance from us when we
went on deck, unless armed to the teeth; and even then seem-
ed very wary in all his movements, lest we should possess

120

NOTES OF AN EXILE, ON CANADA,

M '■'

ourselves of his formidable weapons. The keeper, Morris, —
a kind of half-civilized brute — styled himself " Captain of the
watch," which was composed of eight poor, ragged, and
hungry-looking fellows, one of whom was stationed with his
blunderbuss, pistols and sabre, immediately over the hatch-
way, day and night; and the better to impress our minds with
a due sense of the strength and importance of this military
force, from sunset to sunrise, "all's well" was called by at
least four sogers every fifteen minutes: as much as to say,
"We are all here, and you had better keep quiet." I learned,
however, that two of these night-soldiers were nothing more
than the sailors belonging to the vessel, who were made,
while on watch, to personify the genuine heroes who were
sleeping below.

No sooner had we made sail than sea-sickness commenced,
and with myself only ended with the voyage. To describe
this curse of the ocean would be a difficult task. An intole-
rable nausea and loathing of every object which is seen,
touched, smelt, or tasted, is one of its effects; and the longer
it continues, the more one hates and abhors — no matter how;
much of an egotist he may be — his own dear self. Another
unpleasant effect is, that the sutTorer takes a dislike to every
thing he eats while ill; and the prejudice does not always
leave an epicure, or a person who is naturally very sensitive,
with the disgusting malady. After a period of seven years,
I still retain dislikes and prejudices which I then acquired.

We drifted slowly down the river for two days, but on the
third a fresh wind sprang up which soon increased to a gale,
and hurried us out of the gulf. The weather was extremely
cold, and our vessel was soon covered with ice. The fog was
so dense as to render objects indistinct, a few rods from us;
this is said to be generally the case in the gulf and off* the
banks of Newfoundland, at that season of the year. In pass-
ing the banks, the captain, as he afterwards acknowledged,
lost his course, and was near running upon the rocks, the fog
adding not a little to his embarrassment. The gale continued
about twelve days, during which we averaged two hundred
miles per day. Our sufferings during this time were horrible.

ENGLAND AND VAN DIEMAN S LAND.

121

fog

The hatches were battened down much of the time, and we
had no fresh air; but the vessel, being heavily laden, frequent-
ly shipped heavy seas, and the water would sometimes pour
down in torrents into our hole, cleansing the fetid air, but for
which it would have indeed been intolerable. The two buck-
ets before alluded to were only emptied once in twenty-four
hours, and as the ship careened their contents were not un-
frequently thrown upon the floor. I lay in my berth, chained
to my poor friend, Reynolds; and if I murmured against the
decrees of Providence, or jirayed for death, it must have been
wrong in me to do so, but I fear that 1 did.

Before leaving the gulf, I went on deck to take, as I feared,
a farewell look of my native land ; and most of my compan-
ions did the same. Sad .is our countenances looked, while
gazing in mute despair upon the iron-bound coast of our
native continent, our hearts were sadder, by far. The beau-
tiful and expressive words of the poet came home to my
heart, —

" Ye«, my native laml, 1 love thee,

All lliy scenes, I love iheni well;
Friend*, connexions, hnppy country,

Must I bid you all farewell ?
Must I leave you — mum I leave you,
Far in huuihen lands to dwell ?"

During the gale, the weather was intensely cold, and the
vessel was so thickly covered with ice as greatly to impede
her progress. Every sailor and soldier on board was more
or less frozen and disabled. This fact coming to the know-
ledge of our party, a plan was immediately entered into to
take the vessel into our own hands and navigate her back into
some port of the United States, where we could all go ashore
— leaving the officers and crew to pursue their voyage when
we had effected our purpose; and, as there was no one of any
consequence to resist us, we hoped to do it without bloodshed.
I was too ill to take any part in the affair, beyond that of
encouraging the others. When, however, nearly ready for
action, and another half hour would have changed our pros-
pects and destination, the hatchway was suddenly shut down
and barred, ^'all hands" were summoned on deck, and we

122

MOTES OF AN EXILE, ON CANADA,

heard a great rattling of cutlasses and fire arms, above which
sounded the voice of the valorous captain, trembling with
fear or cold, and exhorting the sailors and soldiers to do their
duty, if they would ever see their wives and sweet-hearts
again. At length the hatchway was cautiously re-opened,
and Messrs. Parker and Wait were ordered on deck by
Morris ; but no sooner were their heads above, than they
were seized by the coat-collar and drawn up ; those below
being ordered at the same time to keep their berths, on pain
of instant death. After a lengthy and loud altercation, they
were thrust below with a new set of irons weighing fifty
pounds, and the others were called up in turn. I was
scarcely able, from weakness, to ascend the stairway, but
this did not save me from a severe tongue-thrashing, — Capt.
Morton charging me with an attempt to mutiny. Every free
soul on board, except the Rev. ]\Ir. Osgood, was present,
heavily armed, and all appeared to be much frightened. In
reply, I appealed to my debilitated condition, which forbade
the idea of my taking part in such an undertaking, even
were it in contemplation by my comrades, which supposition
I treated with ridicule and contempt; but as most of our irons
were discovered to be nearly sawn asunder, the affair put
them on their guard, and we were closely Avatched during
the remainder of the voyage. We were at first at a loss to
understand how the captain gained his information ; but on
our arrival at Liverpool, he caused an exaggerated account
of the suppressed mutiny to be printed, from which it ap-
peared that the old traitor, Jacob Beemer, had betrayed us.
His object in doing so, was to secure a pardon for himself.
How well he succeeded will appear in subsequent chapters.

The weather grew warm in proportion as our distance
from land increased, and the thick coat of ice which accu-
mulated on the vessel while off the banks of Newfound-
land, soon disappeared. A calm, and contrary winds, which
lasted several days, succeeded the gale ; during which our
party were allowed, under certain restrictions, to spend half
an hour on deck. On one of these occasions, an incident
convinced me that there were little niceties in a sailor'i

ENGLAND AND VAN DIEMAN's LAND.

123

1 pain
, they
r fifty
'. was
,', but
■Capt.
y free

calling as well as others, which require intelligence, close
* observation and experience. The sky was clear, bright and
fair; and there was scarcely a breath of moving air to break
the smooth surface of the long and heavy swells which ca-
reened our barque slightly from one side to the other, causing
the loose sails to flutter in the undulations which the motion
occasioned. The watch were lounging about the forecastle,
singing ditties and spinning yarns; the captain and mate
pacing the quarter-deck with heavy steps, and indulging in
an occasional yawn, while the immaculate Morris was show-
ing off his importance, by flourishing his old rusty sword in
the air — an instrument which he handled as gracefully as raw
hands at the trade always do. I was beginning to wonder
how sailors could endure the ennui and inaction incident to
their trade, when I noticed the captain glance his eye toward
the sun, which was near his meridian, stop his promenade,
and gaze intently at it for a few seconds, then survey the
horizon to windward, and shout with a tone of voice which
the sailors well knew how to interpret, "All hands on deck
— up with the starboard watch — tumble up there, quick !" —
In one minute from the time he first glanced at the sun, the
whole crew were on deck and at their posts. The captain
threw off his hat and coat, and taking hold with his own
hands, encouraged his men to exert themselves to the ut-
most. In a short time all the sails were either close reefed
or hauled down, with the exception of the main-sail, in
which a double reef was also taken. Surprised at the rapid-
ity of their preparation for a storm, I strained my eyes in
scanning every part of the heavens, for the cloud or other
phenomena which had given rise to it, but could detect no-
thing unusual. Scarcely, however, had all been made snug,
when a heavy gale of wind suddenly burst upon us with
awful fury, which but for the timely preparations, must have
carried away our spars or capsized the vessel. I was pleased
at the coolness and self-possession which the old veteran
sailor evinced, as he directed the movement of his vessel
through the foaming ocean ; but Master Morris had sheathed
his sabre, and dwindled from the mighty warrior into a pale-

124

NOTES OF AN EXILE, ON CANADA,

faced nonentity. His cowardly heart fainted on the first ap-
pearance of danger.

About noon of the third Sabbath at sea, "Sail, ho!'' was
shouted by half a dozen voices on deck; and the cheering
sound penetrated the dark, loathsome hole of our floating
prison, causing an excitement and feelings akin to gladness
in our still darker and more desolate hearts. The stranger
was several miles to leeward when observed, and the captain
shaped his course to speak her, hoisting at the same time the
usual colors, which was soon answered by our new neigh-
bor. In about two hours the captain called Messrs. Parker,
Wait, Wixon, Reynolds and myself on deck, to see, as he
said, "a Yankee ship." 1 was amused with the caution which
he thought prudent to use on the occasion. We were placed
in a position where our chains could not be seen from the
decks of the stranger. The soldiers were stripped of their
arms and accoutrements, so that we had no appearance of
anything military, lest, as the captain said, "they should be
frightened, and run away without speaking us;" thus meas-
uring, according to the old proverb, "his neighbor's corn in
his own half-bushel." Strict orders were likewise given
that perfect silence should be observed by all ; not even a
whisper was allowed. The stranger proved to be a Balti-
more Clipper, new, neatly rigged and copper bottomed. —
The STARS AND STRIPES werc gracefully floating from her
inizzen-mast, and to my eye, appeared far prettier than the
"C/?iio7i Jac/c," which Britons glory so much in; while to
my heart, that flag was dearer than life itself, under present
circumstances; for it was the emblem of my country's great-
ness. Though my limbs were fettered with chains, I felt
that I could glory in her glory, and rejoice in her strength ;
proud that she was free and independent, her flag respected
on the ocean, and her name mighty among the nations of
the earth ; proud of her just laws, peaceful institutions, and
the w^onderful enterprise of her hardy sons ; and grateful to
God, who had raised her from a state of British dependence
and thraldom, to her present state of power. The struggles
of my forefathers, their devoted patriotism, incarcerations,

ENGLAND AND VAN DIEM AN S LAND.

125

was

chains, sufferings, and blood poured out in torrents upon the
altar of liberty, came up in remembrance before me ; and
when I reflected that I was suffering in the same glorious
cause, I felt proud of my galling chains, and in a measure
reconciled to my hard fate. I remembered, too, the strug-
gling band of patriots in Canada, and pra)\.d that He who
had so wonderfully blessed my own native land, would
deign to smile upon their feeble efforts, and that the flag of
free and independent Canada might soon be seen floating in
triumph upon the seas, respected by the unnatural parent
then striving to crush her in the dust of the earth.

When within speaking distance, the sails of both vessels
were hastily clewed up, and our captain with his speaking
trumpet hailed her,—

"Ship ahoy!"

" Aye," was the answer.

'* Whence came you]"

" From Baltimore."

'* How long have you been at sea?"

'' Twenty-three days."

'' Where are you bound ? "

'« To Rotterdam."

" What is your cargo ? "

<<Cotton.'-

" What is your longitude ? "

" Thirty-three degrees and ten minutes west at 12 o'clock
lo-day."

" Are you all wein "

"All well, thank you."

Similar questions were put by the American captain to
ours ; but, in his answers, he took care not to tell what a
part of his cargo was. The longitude of the two ships prov-
ed to be nearly the same; to ascertain which, is generally
the chief object in speaking vessels. A slight variation from
the true time in a ship's chronometer, is of the utmost impor-
tance to be known when near land. In long voyages much
dependence must necessarily be put in this useful instrument.
The American captain informed us that he lost his binacle,

126

NOTES OP AN EXILE, ON CANADA,

I'ti

quadrant and other articles, and his ship had suffered consid-
erable injury in the gale which I have mentioned. I watched
her as she resumed her course, until I could no longer see
an object to remind me of home and country; and then went
below with a heavy and irreconciled heart.

In a few days we saw Cape Clear, after which many ves-
sels were always to be seen from our decks. I counted sev-
enteen at one time ; among them was a British man-of-war of
120 guns. Vessels of this strength are usually denominated,
^^ first-raters.^^ The blue hills of Wales soon made their
appearance ; and the land breeze, together with the prospect
of a termination of our voyage, revived my drooping spirits.
There was pleasure, too, in the anticipation of treading upon
the shores of England, even though my limbs were fettered.
I had, from my earliest recollections, a strong desire to visit
the British Isles ; but little dreamed that this was to be grati-
fied under such peculiar circumstances. I had, too, a strong
prejudice against the English, as a people, imbibed from
reading their history, and that of my own nation, and desired
not a little to witness with own eyes the faults with which
my youthful imagination had clothed the English character.
To what extent I erred will appear in subsequent chapters.
Convictions of truth, when they uproot established prejudi-
ces and dislikes, are like the rays of the morning sun, dis-
pelling the mists of night, They are grateful, too, to a mind
not rendered callous by bigotry, and insensible by blind and
culpable zeal in an unholy cause. Happy is that man whose
heart is open to truth, even though it exalts his greatest ene-
mies, and humbles himself in his own estimation ; and thrice
happy is he who possesses the will and independence of
character to acknowledge the truth and reduce it to practice.
National antipathies would soon become extinct as well as a
thousand other evils, if mankind would but divest their minds
of unjust prejudices.

Nothing of consequence occurred during the remainder of
the voyage. On the 17th of December, the barque, "Captain
Ross" anchored in Liverpool harbor. There was not one of
our number that did not feel thankful to that Providence,

ENGLAND AND VAN OIBMAN's LAND.

127

who had so wonderfully preserved our lives, and given us
strength to endure our sufferings ; which were so great that
we deemed it almost impossible that all our lives would be
spared to the end of the voyage. During the voyage, which
was unusually short, (only twenty-five days — average voy-
ages between Quebec and Liverpool being forty days,) I
think I may safely assert, that I ate less than suffices a
laboring man, of common appetite, a single day ; and for
twenty-one days in succession, I had *no occasion to leave
my berth for the purpose of parting company with the little
I had eaten, unless it was to vomit, which I generally essay-
ed to do, whenever the lohscous and stir-a-bout made their
appearance. If the voyage had been much longer, I must
have perished, as I was reduced to a mere skeleton, and so
weak that I could scarcely stand.

CHAPTER XIV.

Tlie Landing. — Tbe Prison. — English Sympathy .—The Excellent Chaplain.— Prison
Regulations, — The Prison Chapel — Friends from London, — Remoral of Eleven
Prisoners to Portsmouth. — The Gale. — The Journey to London, kc, &c.

We were, on the day of our arrival, landed at the wharf,
and conveyed in coaches to the Liverpool borough jail —
commonly known as *' the old French prison/ from its hav-
ing been used during the last wars between England and
France, as a place of confinement for the French prisoners of
war. A large crowd of people assembled at the wharf to get a
sight of us when we landed; and I saw evidences of sympa-
thy and kindly feelings in almost every face. To describe
ihe sensations I experienced on the occasion would be im-
possible. I was prepared to meet with coldness, derision,
and contempt, and had fortified my mind to go through the
ordeal with becoming fortitude and dignity, and wear my
chains as an American should, in the presence of his ene-

128

NOTES OF AN EXILE, ON CANADA,

yli

mies ; but certainly did not expect to see all look and act
like christians and friends.

A great number of ladies and gentlemen called to sec us
the day after we landed; but in consequence of the striciness
of the prison regulations, only a few obtained admittance.
They were warm in their expressions of sympathy and good
wishes; and were greatly shocked at the relation of our horrid
sufferings on board the " Captain Ross." The prison surgeon,
Doctor Archer, and the chaplain, the reverend Doctor Buck,
spent some hours with us; and we were soon made to feel that
we had come less to a land of strangers, than of friends.
Both of these gentlemen proved friends indeed, especially the
latter, who informed us that having heard, the previous even-
ing, of the arrival of twenty-three state prisoners from Canada,
his sympathies were immediately enlisted in our favor; that he
had a circle of praying friends in his parish, who were in the
habit of meeting together two or three times a week, for the
purpose of praying for such objects as they deemed worthy;
and believing our cases to be of such a nature, they had cove-
nanted among themselves to continue their intercessions in our
behalf, until Providence should open some door for our deliv-
erance from bondage. Those of my readers who acknow-
ledge a ^^ special Providence,^^ will see reasons to believe, from
the circumstances which soon after occurred, that the suppli-
cations of these faithful servants of the Most High were not
in vain.

My health immediately after we landed began to improve,
and my appetite soon became exceedingly importunate for a
larger supply of provisions than was allowed. The prison
regulations were very strict; and, although we were not re-
quired to conform to the whole code, yet we were not a little
annoyed at some of the indispensibles, as the governor called
them. We were locked into our cells at sun-down, to spend
the night as we best could, upon matress beds, which being
spread upon a plank, or rather shelf, we found not quite so
soft as feathers. The prisoners were either placed in sepa-
rate cells, or three put in together. I inquired the reason for
this rule, and was told, that a few years previous, two men

ENGLAND AND VAN DIEMAN^S LAND.

129

were locked up in the same cell, and in the morning one was
found dead with marks of violence upon his person, which left
no doubt with regard to the guilt of his comrade; but in the
absence of any other testimony, the murderer escaped the
penalty due to his crime j since which the present rule had
been adopted.

The prison bell rang in the morning, about half an hour
before day-light, when the turnkey opened the door of every
cell, and ordered the inmate to get up and fold his bed. —
There was but one way of doing the latter, and the least
deviation possible subjected the blunderer to a repetition of
his work. I folded my blanket and rug at least a dozen times
before I learned how to do it "just right," as the turnkey
expressed himself. Every prisoner was likewise required to
holy-stone and brush out his own cell. We breakfasted at 8
o'clock, dined at 12, and supped at 4. AVhen the bell rang
for our meals, we were required to form in a line, each man
carrying his tin dish, and march in due order to an aperture
in the wall, through which our separate allowances were
handed us; but being in a ward by ourselves, and state prison-
ers, this ceremony was, after the first day or two, dispensed
with. Oat-meal gruel was the usual breakfast and supper,
with a small allowance of bread, so called; but it had none of
the usual qualities of that article. The board of magistrates
which controlled the prison was kind enough to allow us a
pint of milk for breakfast in lieu of the gruel. Dinner con-
sisted of a pint of soup one day, and a pound of vegetables
and two ounces of bacon the next. The latter was of course
preferred, and it was not unusual to hear some of our number
say, " How glad I am this is not soup-day J*^ A person unac-
customed to the sea is certain to have a keen appetite at the
end of a voyage. The sight of land begets a desire to devour
some of its fruits, without a mixture of salt water; — more
especially when one has been starving upon mouldy biscuit
and salt pork for a few weeks. There was not one of our
party who did not complain of hunger immediately after
dinner.

The Sunday after our arrival we attended chapel. This
9

130

NOTES OF AN EXILE, ON CANADA,

was a large apartment, capable of accommodating several
hundred persons. The female prisoners were hidden from
our view by a screen; but their voices, when they chanted
the service, satisfied me that they were a set of termagants,
and cured me of any desire to take a [)ee}) behind the curtain.
The service was, however, well conducted; and the sermon
— by the excellent clergyman before referred to — appropri-
ate to the condition of the prisoners.

We lost no time in writing to some of the most influential
reformers of the country, setting forth the pcculia. circum-
stances under which we had been transported, and as.king if
something could not be done to test the legality of the pro-
ceedings. It afterwards appeared that, previous to the re-
ceipt of our letters, the parties addressed and others had
formed an association for the purpose of investigating our
cases, and, if practicable, delivering us from bondage.

Mr, Walker, clerk of W. H, Ashurst, Esq., solicitor,
London, came down to obtain the necessary information, and
he was soon followed by John Arthur Roebuck, Esq., M. P.
The result was a determination to remove twelve of our
number to London, under writs of habeas corpus in her
Majesty's court of Queen's Bench. To my inexpressible joy
I found my own name among the twelve; and the anxiety
and excitement which I experienced in consequence formed
a striking contrast to the apathy and indifference with regard
to life felt for many months previous. Those of our number
who were not included felt dissatisfied with the arrange-
ment, as well they might ; but I am not warranted in saying
that blame could be attached to any of our party. It would
have greatly rejoiced my heart if all could have shared with
us the same investigation of their cases. On the 4th of Jan-
uary, they were sent, in irons, on board the steamship
" Meteor" to be conveyed to Portsmouth. Our parting was
a severe trial to all, who were as free from selfishness as
they should have been upon such an occasion. On the 6th
and 7th the poor fellows were nearly shipwrecked, in the
violent storm which desolated the whole coast of England
and Ireland; but, after putting back to port once or twice in

ENGLAND AND VAN PIEMAN 8 LAND.

131

distress, the vessel reached her destination, and they were
placed on board tlie " York Hullc " at that place. During
the remainder of our stay at Liverpool, we were visited by
many persons of respcetahility, by whom we were, without
exception, treated with much kindness. Their conduct con-
vinced me that they thouj^ht none the less of us on account
of our bonds, and that they sincerely wished us a happy de-
liverance therefrom. While here, in accordance with the
suggestion of our London friends, we demanded of the jailer,
Mr. Bachcldor, a copy of the warrant under which he held
us in custody, which was furnished accordingly.*

•Province or Lowkr Canada, (Seal.) J. Coi.borne.

VICTORIA, hij the grace of God, of the United Khijdom of Great Britain and Ireland

Queen, Dtfendcr of t'lr Faith, ^c, ffC,
To Digby B. Morion, Master of the banjue, Captain Rnn^, —

Wbtreas, iiiuler anrl liy ririiie of a fcriain warrant of Iiis Excellency, Sir Gcorga
Arthur, K. C. 11 , Lieutenant flovrrnor of our provinco oT Upper Canada, and Maj«r
General rouunanding our forces tlicrein, bearing dale uiuler his hand and teal tf
office at Toronto, in the said province of Upper Cannila, the fifth day of Norembtr in
the present year of our Lord, one tiiousand eight hundred and thirly-eiglit, oiid in the
second year of nur rei^'n, Arn Anderson, James Krown, Randall Wixon, Wii!ia«
Alves, lloberl Walker, Leonard Watson, John Goldsbmy Parker, Finlay Malcolm,
Paul Bedford, Horniio Hills, Charles P. Walroih, James Cemmel, John Grant, John
James McNulty, Samuel Chandler, Benjatnin Wait, Alexander McLcod, James
\Vagf«ner, Garret Van Camp, John Vernon and Jacob Beemer, severally indicted and
convicted in due course of law in the courts of the said |)rovince of Upper Canada of
the crime of high treason, — and Linus Wilson Miller, Georg» Cooley, William Rey-
nelds and Norman Mallory, in like manner severally indicied and convicted of
felony (a) and Rdwin Merrit (h) in like manner indicted and canvicted of the crime of
murder, to all of which said persons and convicts our gracious pardon hath been
extended upon condition nevertheless that they and each of them be transported and
remain transported to our penal colony of Van Dieman's Land, for and during the
period named in the patents of pardon so as aforesaid granted to the said cenvicts,
and each of them : and whereas, the said several persons aad convicts, are by and
under a warrant in that behalf of liis Excellency, Sir John Colborne, our adminiatra-
tor of the government, of our said province of Lower Canada, in thai behalf, are
now in the custody of our sherif of the district of Quebec, in our said province of
Lower Canada, in order to their transportation as aforesaid: and whereas, we being
willing that ihe bodies of the said Ara Anderson. James Brown, Randall Wixon,
William Alves, Robert Walker, John Goldsbury Parker, Finlay Malcolm, Paul
Bedford, Horatio Hills, Charles P. Walroth, James Gemmel. John Grant, John James
McNulty, Samuel Chandler, Benjamin Wait, Alexander McLeod, James Waggoner,
Garret Van Camp, John Vernon, Jacob Beemer, Linus Wilson Miller, George Cocley,
Williana Reynolds, Norman Mallory and Edwin Merrit, and of each and every of

(«) The provincial act under which American citizens were tried fcr treasonable offences
designated the act as felony instead of high treason,

<i)Nol«anttoQitebec.

132

HOTCS OF AN CXILS| ON CANADA,

v»

■■>'
I

111

On the 9th we started, nt 3 o'clock in the morning, for
London by the raiUroad cais; the governor and two turn-

_ I f^ - - . ... — ■ . _ ^ ■ i\a ■

thtm now in aur G«mmon ff\ or our district or Quebec, ihould be directly delivered
te you to be traiiiported to Van Dieman's Land, being one of our penal •ettlemente
and foreign potieuiona, we hare by our writ in that bebalT, addressed te our said
sherif, lately coiiiinanded our said sherif that he should deliver the said Ara Ander>
son, James Brown, Randall Wixon, William Alves, Robert Walker, John Ooldsbury
Parker, Finlay Malcolm, Paul Bedrurd, Horatio Hills, Charles P. Wolroih, Jamea
(lemmel, John Grant, John Jamea MoNulty, Samuel Chandler, Benjamin Wait,
Alexander McLeod, James Waggoner, Uiirret Van Camp, John Vernon, Jacob
Beemer, Linus Wilson Miller, George Cooley, William Reynolds, Norman Mallory
•nd Edwin Merrit, and each and every of them, to your custody without delay, to b«
transported as aforesaid. We therefore command you receive the said Ara An lerson,
Jamea Brown, Randall Wixon, William Alves, Robert Walker, John Guldsborj
Parker, Finlay Malcolm, Paul Bedford, Horotio Hills, Charles P. Walroih, Jamea
Uemmel, John Grant, John James McNuliy, Samuel Chandler, Benjamin Wait,
Alexander McLeod, James Waggoner, Garret Van Camp, John Vernon, Jacob Bee*
mer, Linus Wilson Miller, George Cooley, William Reynolds, Norman Mallory and
Edwin Merrit, and each and every of them from our said sherif of our said district
of Quebec, and that you do forthwith transport and convey or cHUse to be trsnsporte*!
and conveyed the said Ara Anderson, James Brown, Randall Wixon, William Alves,
Robert Walker, John Ooldsbury Parker, Finlay Malcolm, Paul Bedford, Horatio
Hills, Charles P. Walroth, James Gemmel, John Grant, John James McNulty, Sam>
iiel Chandler, Benjamin Wait, Alexander McLeod, James Waggoner, Garret Via
Camp, John Vernon, Jacob Beemer, Linus Wilson Miller, George Cooley, WiUiam
Reynolds, Norman Mallory and Edwin Merrit, and each and every of them, to such
part of the United Kingdom of Great Britain and Ireland, called England, as to 1M
may seem fit, to the end that the 8aid Ara Anderson, James Brown, Randall Wixon,
William Alves, Robeit Walker, John Goldsbury Parker, Finlay Malcolm, Paul
Bedford, Horatio Hills, Charles P. Walroth, James Gemmel, John Grant, John James
McNulty, Samuel Chandler, Benjamip Wait, Alexander McLeod, James Waggoner,
Garret Van Camp, Joiin Vernon, Jacob Beemer, Linus Wilson Miller, George Cooley,
WiUiam Reynolds, Norman Mallory and Edwin Merrit may be thence again trani>>
ported to our penal colony of Van Dieman's Land, according to the condi'.ion in our
aforesaid pardons severally and respi^ctively in that behalf contained, . <id that you do
there deliver the bodies of the said Ara Anderson, James Brown. Kandall Wixon,
William Alves, Robert Walker, John Goldsbury Parker, Finlay Malcolm, Paul Bed-
ford, Horatio Hills, Charles P. Walroth, James Gemmel. John Grant, John Jamea
McNulty, Samuel Chandler, Benjamin Wait, Alexander McLeod, James Waggoner,
Garret Van Camp, John Vernon, Jacob Beemer, Linus Wilson Miller, George Cooley,
William Reynolds, Norman Mallory and Edwin Merrit, and the body of each and every
of them, into the custody of such person or persons as may be lawfully authorised to
receive the same.
la testimony whereof, we have caused these our letters to be made pateot aod the 0«eaC

Seal of our said province of Lower Canada to be hereunto aflixeJ.
Witness, our trusty and well-beloved Sir John Colborne, Knight Grand Cross of the moat

honorable military order of the Bath, and of the Royal Hanoverian Guelpbie Order,

Cammander in Chief of our forces in our province of Lower Canada, &c., Sec, See.
Al our government house io our city of Montreal, in our said province of Lower Canada, Ihfl

•oventeenth day of Nbvember, in the year of our Lord one theusand eight hundred aid

thirty-eight, and ui the second year of her Majesty's reign.

B/conaaad, D. DALY, Secretary of the PigjloM.

EKOLAND AND VAN DIRMAN^S LAND.

133

keys accompanying us. Wo were again hand-cufled and
conveyed in coaches to the rail-road depot, two and a half
miles from prison. The city of Liverpool was lighted with
gass, which in brilliancy far exceeded any other that I had
ever seen. A pin might have heen easily seen in any of the
streets which we traversed. The streets were generally
wide, paved with stone, and very clean, and the buildings
superior in outward appearance. We occupied a car by our-
selves, the governor riding with us, and very kindly pointing
out every thing of interest on the road. Passing rapidly the
towns of Warrington, Stafford and Wolverhampton, we ar-
rived at Birmingham about noon. The country for about
forty miles from Liverpool appeared to be very poor and
sterile. The snow having fallen several inches in depth
during the night, we were delayed some time in consequence.
Men were busily employed in sweeping the rail-road track.
We stopped at Birmingham two hours, during which the in-
habitants, as usual, manifested much curiosity to see us.
Being noted for radicalism, they were not backward in show-
ing their sympathy for our misfortunes, and talked as much
treason while we were there as would have insured the con-
viction of the reformers in both the Canadas. Their far-
famed city appeared to be all noise, smoke, bustle and confu-
sion; and, as one of my companions remarked, "If business
was not done there, they certainly made all the motions.^'
Therail-road buildings, cars, engines, &c., of the place, far
exceeded, in magnificence, any thing of the kind in the
United States.

The other towns on our way generally looked somewhat
ancient. There was something to remind the beholder, in
almost every object of any importance, of the days of yore.
Old castles, parks and villas, were ever and anon flitting past
us as we swiftly sped on. We were occasionally involved in
darkness in the tunnels, two of which were nearly a mile in
length. In passing in and out, the transition was so sudden
as to bewilder one's senses for the moment, and when ths
trains met in these immense caves, the reverberations were
quite deafening.

134

NOTES OF AN EXILE, ON CANADA,

The country for one hundred and fifty miles on the road,
was apparently very rich and well cultivated. But the
farm-houses and thatched cottages of the tenants, correspond-
ed well with the well known history of the common people
of England. Every thing bespoke the opulence of the lord
who fattened on the spoils of his vassals. The wrongs of
the great mass of England's population, many of whom
labor from twelve to sixteen hours each day for a bare
pittance, while the profits of their over-taxed nature go to
support the aristocracy in their extravagance, cry aloud to
heaven for redress ; nor will the wail of the starving millions
remain forever unheard. The retributions of an offended
Deity must, sooner or later, be visited upon the oppressor.

We reached the great metropolis about 7 o'clock, P. M.
Coaches were procured by our keepers, and we were con-
veyed through ctreets teeming with life and activity, though
but poorly lighted compared with those of Liverpool, to her
gracious Majesty'.s prison of Newgate. The massive doors
were unbarred to welcome us, and we were again buried in
a living tomb — the receptacle of the poor, the lost, the ruin-
ed, the doomed of earth. To pass so suddenly from the
bustle of life, the splendor and magnificence of the greatest
city in Europe, to the cold cells of the accursed prison, where
sighs, wailings and curses were so terribly blended together,
may be likened to jumping from Empyrean into the lowest
hell.

ENGLAND AND VAN DIEMAN's LAND.

185

CHAPTER XV.

Newgate Prison. — Treatment. — Tlie Clinplo>n.— Cliapel.— The English Felons.—
The Lawyers.— AtteiicUiice at tlie Court of Queen's Bench.— Statue of CHARLIf
First.— Cliarring Cross,— Westminster Abbey, its History, &c.— Statue of GeorqB
Can.m.vg.— lleuiuins of Lord Byron. — Westminster Huil.--The Court.— Arguments
of the Counsel, &.c.

The sensations I experienced on finding myself an inmate
of Newgate, are indefinable. In all my youthful aspirations
for fame and glory attendant on the patriot campaign, I had
never dreamed that such distinguished honors were to be
conferred upon me. I had, indeed, heard of the illustrious
house of Newgate, — and who in the civilized world has nof?
— but, in the simplicity of my heart, never even aspired to a
seat in it. I should as soon have dreamed of being seated
upon the throne of England. Yet to the humblest indi-
vidual dame Fortune is sometimes prodigal of her favors.

Our accommodations in this great emporium of crime and
misery were decidedly better than at Liverpool. We were
confined in two large, airy rooms ; were allowed the privilege
of walking in the yard once or twice a day, had good rations
and comfortable bedding. The officers of the prison were
exceedingly kind and obliging, and we were made to feel
ourselves quite at home. The governor, whose name was
Cope, was a jolly old gentleman, fond of fun, and always
wore a smile upon his countenance. The chaplain of the
prison, the Rev. James Carver, was at the first rather re-
served when he visited us ; but in due time we became better
acquainted, and he proved an excellent friend. The preju-
dices which I had been accustomed to feel toward the cler-
gymen of the Church of England, gradually wore away, as
I had an opportunity of seeing and hearing them frequently.

136

NOTES OF AN EXILE, ON CANADA,

Their conversation, principles, and zeal in their calling, were
in general worthy of the minister of the gospel. There can
be no doubt but that within the last half-century, a great
change has taken place for the better in the established
church, and that true godliness, in the full meaning of the
term, has increased an hundred fold, not only in the cler-
gymen but laity. If the reputation the former enjoyed
abroad was just, there was certainly great need of a change.

Prayers were read and the Scriptures expounded in the
prison chapel, morning and evening, by the reverend chap-
lain. The service, which generally lasted an hour, was well
conducted and interesting. The chapel was large enough to
accommodate one thousand persons, who were, of course,
prisoners, and many of them had never been within a chapel
since their christening. Nine-tenths of Mr. Carver's congre-
gation throughout the year are almost as ignorant of the
Bible as the heathen who never heard of such a book. Al-
though a General Jail Delivery is held monthly at the Old
Bailey, the prison is generally full before the sessions com-
mence. Those who are convicted are immediately sent to
the penitentiaries or hulks^for transportation, according to
their respective sentences ; and thus during the six months
of our stay in Newgate, there was a monthly change of faces
in the chapel. We were seated by ourselves in the gallery,
which commanded a view of most of the congregation ; and
as we were kept entirely distinct from the English prisoners,
not being allowed to speak to or come in contact with them
in any way, — which, of course, we had no desire to do, — this
was the only opportunity we had of seeing those miserable
men.

As far as possible the treatment due to state prisoners
was extended to us, and in all the dealings of the authorities
with us, a due regard to the nature of our offences was ob-
served. We were informed that the dilapidated condition of
the old Tower of London alone prevented our confinement,
during our stay in England, within its venerable walls,
where state prisoners were usually kept of yore ; and that
we were not kept in Newgate from any wish on the part of

ENGLAND AND VAN DIEMAN's LAND.

137

the government to treat us as persons whose crimes, from
their moral turpitude, degraded them in the estimation of the
public. Indeed, the inspectors o£ the prison were directed
by the government, soon after our arrival, to ascertain
whether we were kept entirely distinct from the English
felons. We were ever made to feel, in our intercourse with
the numerous strangers and friends who visited us, that in
their estimation we were neither degraded or debased.

Our inestimable friends, the lawyers, were early and con-
stant in their attendance, inspiring us with their own san-
guine hopes and wishes; and the day of deliverance from
bonds and imprisonment appeared to be near. Our hearts
were warmed with gratitude toward them, and well might
we feel thus; for in the language of scripture v/e could say,
" We were an hungered, and ye gave us meat; we were
athirst, and ye gave us drink ; naked, and ye clothed us ;
sick, and in prison, and ye visited us." Seldom has there
been a more striking instance of generous and disinterested
cliarity than was exhibited by these men throughout the
whole anxious period of our incarceration in Newgate, and

trust that all our party realized the obligations which can
iiever be canceled on our part.

On Monday, January 14th, we all attended court, hand-
cuffed in pairs. • We were driven in coaches, Mr. Bacheldor
having us in charge, through some of the principal streets
in London, to Westminster Hall, a distance of nearly two
miles. On our way we passed Charring Cross, where we
saw the fine equestrian statue of Charles I., in bronze,
executed in 1683, by Le Soeur, for the Earl of Arundel. It
stands upon a stone pedestal seventeen feet high, executed
by G. G. Gibbon. During the civil wars this statue fell into
the hands of Parliament, who, desirous of removing every
vestige of the weak but unfortunate prince whom they had
sacrificed, ordered it to be sold and broken up. The pur-
chaser was one John River, a brazier, who produced some
pieces of broken brass, &c., in token of his having complied
with the conditions of the sale ; and also sold to the cavaliers
handles of knives, forks, &,c., as made from the statue. In

138

NOTES OF AN EXILE, ON CANADA,

If J

this way he deceived both the Parliament and loyalists, for
he buried it unrautilated ; and, at the restoration of Charles
II., dug it up and sold ij to the government, greatly to his
own advantage. Parliament being then as desirous of preserv-
ing as they before were of destroying it. It w^as long the
custom on the 29th May, the anniversary of the restoration,
to deck the statue with oaken boughs.

Charring Cross derives its name from having been ancient-
ly a village, detached from London, called Charring; and
from a stately cross, erected by Edward I., to commemorate
his affection for Eleanor, his deceased Queen. The cross
occupied the last spot on which her body rested in its pro-
gress to sepulture in Westminster Abbey, where her remains
are now interred. The other resting places of her sumptu-
ous funeral were dignified with similar edifices. In 1643 it
was pulled down and destroyed by the populace in their
zeal against superstitious edifices. Being built of stone in
an octagonal form, had it been left to the mercy of old Time,
it would have long graced the city of London as an ancient
edifice.

Westminster Abbey stands on tlie opposite side of the street
from the hall of the same name; and most ardently did I
desire to tread the hallowed precincts of that ancient and
venerable pile, consecrated with the mortal remains of Eng-
land's great and good men for so many centuries. If there is
a spot upon the face of the earth calculated to call forth the
best and most exalted feehngs of an Englishman, it is this. —
Independent of the use to which it has been appropriated, its
history is interesting. The ground upon which it stands was
anciently part of an island, formed by a branch of the river
Thames, called "Isle of Thorns," from the great number of
thorn shrubs or trees that grew upon it. King Sebert was
the original founder of the Abbey. In the year 605 he was
baptized, and to prove the sincerity of his conversion, built a
church here and dedicated it to St. Peter. Great pains have
been taken in all the repairs, enlargements and changes which
it has undergone, to preserve his remains and those of his
Queen, Ethelgotha, and to replace them in the most honor-

ENGLAND AND YAN DIEMAn's LAND.

139

able place in it, on account of his being the original founder.
A singular fable was invented in regard to its consecration, by
the monks, who pretended that thp ceremony was actually
performed by St. Peter in person; and toward the middle of
the thirteenth century the brethren of the monastery sued
the minister of Rotherhite for the tithe of salmon caught in
his parish, on the ground that St. Peter had given them this
right when he consecrated their church.

After the death of Scbcrt the church fell into decay, and
was afterwards restored by Otlli, King of Mercia; but was
ag'"".in almost destroyed in the course of the Danish invasions.
King Edgar, at the instance of St. Dunstan, in the year 969,
once more restored it, and endowed it with lands and privi-
leges; but it was Edward the Confessor who, nearly a century
after this, raised it to the consequence which it has since that
time maintained. Having fixed upon it as his burial place,
this monarcii spared no pains to render its structure the most
magnificent in his dominions. It was completed in the year
1065, and on the 18th December, the day of the Holy Inno-
cents, was dedicated. About this time the King was taken
ill of a malady which proved fatal, and on the 12th January
his body was interred with great pomp and ceremony, before
tlie high altar. The Abbey has since been the usual burial
place of his royal successors, and of the great statesmen and
illustrious personages. Here, also, on Christmas day the year
following, was performed the coronation of William the Con-
queror; and in the same place has been ' rowned, with the
exception of Edward V., every prince who has reigned in Eng-
land since, until a late period.

The chapel, dedicated to the Virgin Mary, by Henry VII.,
toward the close of the fifteenth century, may challenge com-
petition, in elegance, richness of ornament, and almost gem-
like beauty and perfection, with any specimen of architecture
in the world. The eastern end is surrounded with chapels,
twelve in number, all of them being finished in the most
magnificent style. Here, also, is the famous stone, brought
from Scone, in Scotland, by Edward I., in 1296, and upon
which the English Kings have been since crowned. But the

140

NOTES DP AN EXILE, ON CANADA,

greatest curiosity and principal attraction to visitors in gene-
ral, are the numerous tombs, costly and well executed, of
kings, queens, nobles, statesmen, warriors, poets, and all the
most illustrious persons for ages past, who have swayed the
gceptre over and influenced the destinies of millions of their
fellow men during the eventful period of their respective
lives. Can such a field be trodden by any reflecting man,
with light and careless footsteps? He is greatly to be pitied,
if not, indeed, despised, who can wander over such ground
without emotion, or calling forth those feelings which make
us wiser and better.

The colossal statue of George Canning, recently erected in
Palace yard, is simple, but grand. The likeness is said to be
excellent. It is placed on a granite pedestal, bearing the in-
scription, in large letters, of that illustrious statesman's name.

I can not dismiss this subject without observing, that seve-
ral attempts have been made to place the remains of the late
Lord Byron in the burying ground of the Abbey, but the
strenuous opposition of the bishops, in the House of Lords,
has hitherto prevented this act of justice to the memory of
that great and talented man. The infidel principles, so un-
happily introduced into some of his poems, is the alleged
cause of this hostility on the part of the church. The last
effort made by Lord Byron's friends, was, if I mistake not,
in 1842, when a discussion, not much to the credit of the
bishops who opposed it, took place; two of their number being
openly charged in the house, by a noble lord, with gross in-
consistency of conduct, inasmuch as each allowed the most
serious vices in his diocese, and it was boldly asserted that
one of these gentlemen owned several houses which were
tenanted by women of ill fame, he receiving the rent, with
an insinuation that he enjoyed a tithe of something else^
Of the truth of these charges, however, I profess to know
nothing, beyond the reports of the House of Lords as they
appeared in the English newspapers.

Westminster Hall, in a wing of which her Majesty's court
of Queen's Bench is held, is likewise a splendid edifice. It is
in this hall that the Kings and Queens of England have been

ENGLAND AND VAN DIEMAN's LAND.

141

crowned in modern times ; and it is frequently used for fes-
tivity on great occasions. It is neither so ancient or costly
as the Abbey, within a few rods of which it stands, but it is
considered the largest and most magnificent hall in Europe.
We enjoyed a very good opportunity of seeing it, having to
enter the court through the main hall.

We invariably attracted a large concourse of people, when
we entered or retired from court, who manifested their sym-
pathies and good wishes by cheering us. This amply repaid
us for all the groans and hisses of the ragged Canadians at
Montreal, the previous year.

The court room was densely crowded with barristers and
spectators, about 150 of the former, dressed in their gowns
and wigs, being in attendance. When the judges entered
every person in court arose, this being the usual custom, as
a mark of respect. Clothed in their official robes, wigs, &,c.,
their appearance on the bench was somewhat venerable and
imposing, being men of advanced age, and the deep furrows
upon their high foreheads indicating superior intellect, culti-
vated by the lucubrations of many years. Lord Denman
presided as Chief Justice; Mr. Justice Williams, Littledale
and Coleridge took their seals by his side. Mr. Justice Hal-
liburton, Chief Judge of Nova Scotia, and the author of the
celebrated and humorous Sam Slick, Lord Howick, Mr.
Hume, Mr. P. Thomson, and other distinguished gentlemen
whose names I did not learn, were present. The Attorney
General, Sir John Campbell, a Scotchman, the Solicitor
General, Sir F. Pollock, and Mr. Wightman appeared as
counsel for the crown, and Matthew Davenport Hill, John
Arthur Roebuck, and Thomas Falconer, Esquires, for us.

The returns by the jailer of Liverpool having been read,
tbe Attorney General stated that in the course of the dis-
cussion he should feel it his duty to draw the attention of
the court to the question, as to whether this was a case in
which there would be a writ of habeas corpus issued in vaca-
tion by a single judge ; and the entire day was accordingly
takcij up by the counsel for the crown in arguing the point;

142

NOTES OF AN EXILE, ON CANADA,

evincing a determination to throw every possible obstacle in
the way of a fair investigation of our cases.

On the 15th we again attended court. Lord Denman,
after a short consultation with his learned brothers, said they
had considered the objections which had been made yester-
day as to the return of the writs, and they were of opinion
that it was not necessary to hear the arguments on the other
side ; for they had decided to be bound by a practice which
had existed and been sanctioned by the courts for a great
number of years. In 1758 the question came before the
judges, and indeed had been decided before that time in
various cases. In that year, however, a bill was introduced
into the House of Lords to remedy some defects relative to
writs oHiabeas corpvs, <xnd on the point in question seven
out of the ten judges who were present gave their opinion
as he (Lord Denman) now stated it. Chief Justice Wilmot
at that time observed, that at least for 80 years the practice
had been similar, and he referred to cases of even earlier
date. He (Lord Denman) and his learned brothers were
aware that they had a right to consider these questions, but
to them it would seem like tampering with the great remedy
which the writ of habeas corpus gave to the subject, if they
were not to abide by the decision of the judges in the case
he had spoken of, and allow writs to be issued in the vaca-
tion. At the time to which he referred, seven judges out of
ten had so decided it, and although Mr. Justice Foster was
prevented from attending, he was of the same opinion, and
wished indeed to carry the writ of habeas corpus further.
This manifested the practice at that time, and it had been
well ascertained since, and the act alluded to being drop-
ped, was another proof of such opinions being well founded.

Mr. Hill was then proceeding to address the court, when
Lord Denman inquired whose case he was going to take up
first ?

Mr. Hill replied, that of Watson ; and he at once would
move the discharge of Leonard Watson, on reading the return
now filed in that court. This was a case in which the pris-
oner was not convicted, nor stated to be convicted. It wa»

ENGLAND AND VAN DIEMAN S LAND.

143

one of a class of which there were nine persons ; and there
w^as another class, in which there were three persons. He
would confine his motion, however, to the case of Leonard
Watson ; and, although it was the wish of his learned friend
and himself to take up as little of the time of the court as
possible, yet he would guard himself against being considered
as arguing the cases of all the prisoners in the cuse of Wat-
son, because it was possible there might be different argu-
ments applying to the diiTerent cases, although the main one
would probably be contained in this. Their lordships would
perceive from the return in question, that a vessel appeared
in the port of Liverpool — a private vessel commanded by a
private person, an<l containing a large number of persons held
by the master in a state of confinement ; that the master
elected to put those persons under the custody of Mr. Ba-
cheldor, the jailer of Liverpool ; that he (the jailer) elected
to receive them and returned as the cause of their detention
that he held them for the purpose of being ti'ansported to
Van Dieman's Land as soon as the means were prepared for
their transportation. That was the statement of facts as far
as the jailer told them of his own knowledge. Under these
circumstances the prisoners applied to the judges for a writ of
habeas corpus, and a I'eturn was made which attempted to set
forth, as it must, the cause of their capture and detention ;
that was to say, it justified the preceding statement to which
he had just alluded, and to which he referred their lordships.
It had been a subject of most anxious consideration with
his learned friends and himself as to what was the proper
course for bringing this case before their loi'dships; but who
was the person who made this statement ? W^as this a matter
in which the minister was a well-known public officer of
some degree] No: but it was the jailer of Liverpool who
made this statement, a statement w^hich required the know-
ledge of a great number of facts, but of which he had no
cognizance at all, and to which he bound himself on hearsay
only, and not by oath. Such a statement was nothing mor«
than a piece of pleading, and of no more authority or evi-
dence than a mere pilea to detain or distress the prisoners ;

144

170T£S OF AN EXILE, ON CANADA,

and were their lordships to be satisfied with such a statement
— to consider it, as his learned friend (the Attorney General)
had said they were, as a statement of what had occurred in
Upper or Lower Canada, or elsewhere ; or were they to go
into the real facts of the case, and show how repugnant they
were, as he believed they would be found, to the return
which had been made? There were high authorities that
they should do this, and as it was a principle of the habeas
corpus that the King by his judges had a right to know when
any subject is imprisoned, he had a right also to know that
the judges had the means of not merely an unauthenticated
statement, but the real facts of the case laid before them.
And in this, too, he might again quote the authority of Mr.
Justice Foster and other learned judges. This might not be
unencumbered with difficulty, but if ever there were a neces-
sity for such a course, it was at that moment, lor so bad did
the return appear to him, both from what it admitted and
what it omitted, that it would be impossible to form a correct
decision upon that alone. Casting that aside, however, for
the present moment, he would argue as if the return were
perfect as to the facts, according to the legal principles of
the writ, and that the jailer's statement was entirely correct.
The first objection he had to make to the return was, that
there was no conviction either set forth or averred against
Watson. There was a statement of his being transported for
life to Van Dieman's Land, but no conviction was men-
tioned. It was said by the Attorney General that in no case
was this necessary ; but there must be and was in this some-
thing equivalent to a conviction set forth in the return,
pursuant to the statute of 1st Victoria, relating to Canada,
which, after reciting that it was an act to enable the governor
of the province to extend pardon in certain cases to persons
connected with the late insurrection, and stating that it was
desirable to extend the mercy of the Crown to certain per-
sons who were therein named, that on petition of any person
charged with high treason referred to the Lieutenant Go-
vernor before arraignment, enacted " that it shall and may
be lawful for the governor, if he thinks fit, to grant a pardon

ENGLAND AND VAN DIEMAN's LAND.

145

on such terras and conditions as may appear right, ^'hich
pardon is to be under the great seal of the provinces, and is
to have the same effect as attainder as far as is required for
the forfeiture of estate and property, both real and personal."
Now, the return went on to say that the prisoner had peti-
tioned, and that a pardon was granted, that pardon being
transportation for life. The Attorney General had argued
that that state of things was equivalent to a conviction, but
then he must show that the conviction was necessary. He
might perhaps be stating the law against himself, when the
<wiw* was not on him to do so; but the Attorney General
seemed to think all had been done that was required by the
statute to which he (Mr. Hill) referred, which was the 5th
of George IV. But he submitted to their lordships that if
the jailer did by right hold persons in detention, that right
must have been conferred by the imperial Parliament, and
not by a provincial statute. Now the statute of 5th George
IV., as if it contemplated the case of the prisoners, was
framed in a most guarded niranner to secure and not invade
the liberty of the subject. He would refer their lordships
to the 5th of George IV., c. 84, s. 17, which began by recit-
ing that "whereas by the laws in force of some parts of his
Majesty's dominions not within the United Kingdom, offen-
ders convicted of certain offenses are liable to be punished
by transportation beyond the seas, and other convicts ad-
judged to suffer death in such parts of his Majesty's domin-
ions have received or may receive his Majesty's most gra-
cious pardon on condition of transportation beyond the seas,
and there may be no means of transporting such convicts to
any of the places appointed by his Majesty in council, in
that behalf, without first sending them to England, be it
therefore enacted, that when any convict, adjudged to trans-
portation by any court or judge in any part of his Majesty's
dominions not within the United Kingdom, or any convict
adjudged to suffer death by any such court or judge be par-
doned on condition of transportation, have been, or shall be,
brought to England in order to be transported, it shall and

may be lawful to imprison any such offender in any place of

146

NOTES OP AN EXILE, ON CANADA,

commitment provided under the authority of this act, until
such convict shall be transported, or shall become entitled
to his liberty; and that so soon as every such convict shall
be so imprisoned, all the provisions, rules, re<5idations,
clauses, authorities, powers, penalties, niatleis aiul things
aforesaid, concernin*^ the safe custody, confinement, treat-
ment and transportation of any olfender convicted in Great
Britain shall extend, and bo rf)nstrued to extend, to every
convict who niav bavo b(^cn, or niav \n; hereafter, ad indited
to transportation by any court or judt^^o in nny part of bi.s
MajoRty's dominions not within th(3 United JvinL'doni, and to
every convict adjudijed by any siieh court or jnd,f,'(; to suller
death, and j)ardoned, on condition of transportation, and
brought to Enuland in order to bo transported, as fidiy and
etfcotually to all intents and purposes, as if such convict bad
boon convicted and sentenced at any session of jail delivery,
holdcn for any county ■vvilbin England.'' What description
of persons did this apply to? To convicts, and to convicts
only. The term "convict" was perfectly well known and
perfectly defined in our law, and yet by anticipation, as it
were, of some such case as th(? present, the clause went on
to sa}% "(convicted by any court or ju(lcre." The necessary
person, tliorefore, must bo a convict; but presently be would
show their lordships that that was not the onlv condition. —
But how was it manifested that be was a convict? Would
their lordshii)S rely on his learned friend's saying he was
somcthini^ eciuivalent to a convict? It app(\ared he was some-
thing else, which something else was equivalent to a convict,
and the return clearly rested on that. But if the case rested
there, it was only made out in the face of all law, foi the law
of England knew no equivalents. The person subject to this
statute must be nothing greater nor less than a convict; the
identical person must be such, and whatever else he was was
unimportant if he were not that. The statute was, indeed,
tautological in this respect, and hence in favor of liberty, and
said "convicted by any court or judge." Now what court or
judge had interfered here? How was this man a convict? —
And yet he is sent here by virtue of a proceeding which is-

ENGLAND AND VAN DIEMAN's LAND.

147

Mot complcto until your lordships, by a viirilant scrutiny, shall
havo cxainiiit'd it and pronounced it t<» ho so. Jt appcjirs by
tlic nMurn that tho prisoner was in j;iil. It appears also he
presented somethini,' which the jailer calls a petition; that that
petition (rontained soniethinL^ which the; jiiilcr adjudires a con-
fession of iriiih, and that, too. before- arniiLrmnent, and all care
is taken that the ]>risonnr should not bo seen in or about a
court of justice for atjy ])nrpo:-fi; whntever. AW ))ublicity is
avoided, and yc-t on this petition, and wluit is called a confes-
sion of .iruilt, pardon is to be granted. All is to be done in
pt'ivjitc^ whilst the prisoner is not master of his own actions.
But the law is. that no cf»ntraf;t taken with surprise whilst the
party is in |)rison, is valid; and )'et here the ))etition must be
presented wliilst he ft in ])rison, so that the governor may
obtain what is called his assent to ])unishment s! ort of death;
that is the benelit <v)nferred on a ) risouer by th .s statute. It
is quite clear that any punishment short of leath may be in*
dieted, but the punishment hi this caf'o nrist necessarily bo
only short of death. If this bo a pardo. wo ni^y si;*' that
Lord W. Russell was partbned, wdien he was ".ved from
bcint^ disemboweled and horribly mutilated, aiiu simph' and
shortly executed, without any of those <.';w.)rmitics of '.nity
which the wisdom of our anc(.'stors added to their executions.
Does the case of the ]n'isouer look like a trial ? Had this man
any benefit of English law, or law of any civilized country?
He would madfc no political remarks, lie was there to argue
for the prisoner, liut as a lawyer ho would say, there was
nothing in this case to be ascribed to any judge or court of
law. It was, indeed, a libel on a judge to call the man who
acted under the statute as such; it was a degradation to the
title to put him on such a fi. 't'ng. But if conviction were
necessary, would something equivalent or tantamount to it do
instead? This was a new term in law% and the liberty of the
subject, which ought to hf^ extended, was to be restricted in
the narrowest terms. The writ of habeas corpus was only to
be obtained in term time, or, if issued in the vacation, not
returnable in term. The liberty of the subject was to be.
restricted whilst the liberty of punishment was to be enlarged.

;

148

NOTES OF AN EXILE, ON CANADA,

But what remedy could a subject have, if this equivalent,
wrong as it was, were admitted l If the pardon turned out
unfounded, what was there to bar him against a fresh charge 'i
Try it by any of the legal incidents, and yet it would be
found to answer to the test of none. He therefore main-
tained and believed this was not a conviction.

His second objection was, that there was no judgment of
transportation to be found in the return, nor averment of such
judgment, nor even hint of it. It was well known, and it
was an old English principle of our law, and for this he
might run back for example to the antiquarian supporters of
our liberties to satisfy his learned friend — it was one of the
most ancient principles that no man could suffer punishment
by his own consent or contract. Lord Hobart had not only
so laid it down, but continued that throughout the world it
would be found to be acknowledged that no man in prison
consenting to be hanged could remove the guilt from a person
unauthorized performing such ?n execution. The principle
was as well understood as the principle of commutation of
punishment adopted in our law. The King would have a
right to execute for treason, but no right to commute the pu-
nishment of treason to transportation ; and, therefore, in the
slow advancing lenity of our law in commuting the punish-
ment of death to imprisonment or transportation, it became
necessary to give an independent authority for it, and to
state by whom that power and to what extent it was to be
exercised. If, then, these prisoners were legally convicted
of treason, the second part of the statute of the 5th of
George IV., independent of the first, must prevail; for
although it may not be adverse to the wishes of the prisoner
to change the punishment, yet there must be a power inde-
pendent of him, not derived from him, in order to effect it.
That was his second objection. But had the governor any
legal power to award transportation ? His humble proposi-
tion was, there was no proof, and he believed the contrary
to be the lact that the governor had such power. If he had
any, it was from a provincial statute. That was clear. If
he had it at all, it was by letters patent. But this was not

ENGLAND AND VAN DIEMAN's LAND.

149

valent,
led out
harge 1
»uld be
I main-

aent of

of such

and it

this he

rters of

of the

shment

ot only

^orld it

prison

person

•inciple

ition of

have a

the pu-

, in the

lunish-

Decame

and to

i to be

nvicted

5th of

il ; for

risoner

r inde-

fect it.

or any

roposi-

)ntrary

he had

ar. If

ras not

set out. The court were aware that by an old statute of
Henry VIII. the power of pardoning is incommunicable, and
it has been considered somewhat doubtful (but he would not
controvert the idea then) whether in a colony the King could
communicate it either, and if so, it could only be by letters
patent from himself. Now, the jailer was not an officer
whose power had been so defined by law ; but he was an
attorney of the King, exercising certain powers of the King,
and the letters patent are his power of attorney, and they
will extend from the beginning to the end of his authority.
Where one governor has great power, another has but little
authority. The governor of India, for example, had great
powers, whilst the governor of St. Domingo was much re-
stricted ; and the powers varied according to their constitu-
tion, being different in the chartered colonics from the old
proprietary ones. Their lordships must look, moreover, to
tlie statute for the powers of the governor; for a question
ai'ose in what cases the governor had power by the consent
of the provincial Parliament, and not conferred by the CroAvn.
Now, the pardon was to be granted only when the governor
thought proper; but, without considering the meaning of
tliat phrase, he would ask whether such power could be con-
ferred in such a manner as he had just referred to. The
words " on certain conditions " were parenthetic, and con-
ferred upon the governor a power to invent any punishment
he pleased. Suppose he considered that the governor could
not inflict death, the simple punishment ot death, were these
words then to invest the governor of Upper Canada with a
power which our Kings in the worst times of our legislation
could not have exercised ? Is he to say, " I grant you,
Leonard Watson, pardon, on condition that you submit to
tlie punishment which is awarded in cases of assault within
the precincts of a royal palace, viz., having your right
hand cut off?" What was there to limit him from this*?
If he had the power of transporting for life, as exercised in
the present case, why should he not have power also to say,
'*I grant you pardon, on condition of your submitting to the
rack for a great number of hours 1 " Why might he not

150

KOTES OF AN EXILE, ON CANADA,

exhaust his ingenuity in inventing different kinds of punish-
ment, all within the compass of this act, if he were invested
with any power at all] How was this attempted to be
proved by those who framed the return 1 There was (and
he Wfis happy in being able to say so) an averment in it that
the prisoner had assented to the pardon; but it showed that
the governor rested on the contract or consent of the pri-
soner, and that he believed was the construction of the act.
But if you find it de^^endent on the contract or consent of the
parties, then must you find it illegal. His learned friend was
in this dilemma — either he must state that within this gene-
ral power the governor has a right (whatever the prisoner
has done) to invent and apply upon any prisoner " as he
thinks fit," or, if he sits easier on the other horn of the
dilemma, that the governor has not forced a pardon on the
prisoner, but that the prisoner accepted it, and is therefore
stopped from complaint. He next submitted to their lord-
ships, that even supposing there be this power, and that a
provincial Parliament could confer sufficient power on the
governor to transport for treason, yet his learned friend must
explain by what means the governor had the power of trans-
porting beyond the limits of his own province. If he could
transport to Van Dieman's Land, might he not have a right
to send them to Nova Scotia, to Calcutta, or Bermuda?
Tiiat question arose, and his learned friend must not refer to
the statute of the 5th George IV. for any authority, because
their lordships would perceive it clearly amounted to this —
that where there was an antecedent power to transport extra
Jinesy authority in England shall, by aiding and assisting, be
given to carry such antecedent authority into effect. That
act assumes throughout, as appears by the recital of the sec-
tions, that thefe is a right to bring such persons to England,
and that on failure of such authority they must be set at liber-
ty in England. There have been cases in which transport-
ships, bound for New South Wales, have been obliged, by
stress of wind and weather, to put into Van Dieman's Land;
but in that colony there was no power or authority to treat
the persons on board as convicts, and the statute of George

ENGLAND AND VAN DIEMAN's LAND.

151

IV., and William IV., was accordingly passed, which, after
reciting the expediency of such a measure, and providing
some remedy, gives a power to each colony respectively to
treat as convicts persons sent to the others respectively,
when obliged to put in there by any necessity. The next
objection was, that, assuming there, was legal authority t^
transport the prisoner at all, that such transportation was not
legally conducted. The Court would refer to the statute of
George IV. and William IV.

Lord Denraan. — Vou cited only the statute of George IV.
before.

Mr. Ilill. — It was by mistake, and the statute he i'cf{3rrcd to
was the statute of 11 George I., and 1 William IV., c. 31). —
His objection was that altliou^di the transportation might be
well begun there was miscarriage in the conduct of it. The
return averred that in order to carry the conditions of the
pardon into ellect it was necessary to send tiie ]n'isoncrs to
Quebec in Lower Canada; then an averment of such necessi-
ty was made by Mr. Bacheldor, jailer of Liverpool, which he
believed existed nowhere except in that })erson's own imagi-
nation: an(' the return further says, that the governor of
Upper Canada by his authority and warrant, sent the prisoners
into Lower Canada — not to Quebec, but Lower Canada; and
then all notice, all hint of the authority of the governor of
Upper Canada is at an end. Wiiat that governor directed to
be done with them does not ap})e[ir. The next statement in
the return is that the s'overiior of Lower Canada, without
any communication with the governor of Upper Canada,
without any w'arrant or knowledge of the subject of any kind,
then thought proper to put the prisoners under the sherif of
Quebec; and Mr. Bacheldor after finding out the necessity
for this, then sees also the necessity of sending them from
Quebec to England, there being no direct means of convey-
ance (said the averment) from Quebec to Van Dieman's Land.
But he wished to inquire by what authority the governor of
Lower Canada acted thus, and whether he had done so by
the law of England, for no other was set forth. The govern-
or (Sir J. Colborne) then issues an order to the master of a

152

NOTES OF AN EXILE, ON CANADA,

private barque (a Captain Ross) to receive the prisoners on
i)oard and take them to such part of England as to her Ma-
jesty the Queen seemed fit. He would ask his learned friend
how he justified such interference? Nay, he must go farther
and justify the authority mentioned in the return, the supposed
necessity. First of all was there any necessity \\c\\ alleged
by any person? No; or if it were legal in the governor of
Upper Canada to send the prisoners to England, has his war-
rant authority and power in Lower Canada? No such thing;
but the governor of Lower Canada immediately takes him up
on his own warrant. Could a private individual have done so?
If not, how is a governor distinguished? Could not the go-
vernor of Nova Scotia have done so if the governor of Lower
Canada had such authority? The averment of the necessity
to carry the prisoner from plaice to j)lace might have justified
his being carried by stress of weather over half the globe.
By what rules were they to test it? Within what hmits to
restrict it? Their lordships would perceive it was only a
matter of convenience. If a ship came from Quebec to Eng-
land, it might have gone, ii directed, to Van Dicman's Land;
so that the transit of the prisoners might have been altered
by any pcr<!on as utter a stranger to any authority in Upper
Canada, as the governor of Ceylon or any other distant place.
To the prisoner, Watson, this was not so imjjortant, but to
some of the others it was, as they were transported only for
fourteen years, to be dated from their arrival in Van Dieman's
Land, and therefore the term of their transportation was
lengthened. Did Bacheldor know the necessity which he
averred? Did her Majesty sign any paper, or do more than
revolve this matter in her own mind as to directing to what
])art of England the prisonei-s should be taken? Was there
any royal document under any seal, signed by any minister or
office of responsibility ? — This brought him to the last objec-
tion — that none of the documents or averments are set forth
in the return (as they ought to be) so as to answer the exigen-
cies of the case. Surely their lordships would not take the
facts as they were stated, and that, too, on the evidence of
Bacheldor. The documents must of necessity be set forth;

i i

ENGLAND AND VAN DIBMAN's LAND.

153

no general averment would do; but the facts must bo clearly
and fully stated. He would just call their lordships' attention
to tlie first averment. It was said the prisoner petitioned the
governor. Should not that petition be set forth? Was it
enough to be told by any person (particularly one 3,000 miles
from Canada) of such a fact ? But it was also said that tho
petition was a confession of guilt; guilt of what even their
lordships were not informed. They knew generally it was
treason, but not the species. Let their lordships, too, as to
the confession of guilt, draw inferences for themselves. It was
said the ])risoners assented; but how; — by words, by writing,
or in what other manner? All this he apprehended should bo
set forth. He might admit, without injury to his clients, that
the court would give credit to this conviction when properly
averred and set forth in the return. Iiut the return was de-
fective. Now there was a case in which the judges had spo-
ken emphatically, and which applied to the present instance;
it was tiiat of " the King v. Clerk," Salkeld's Reports, p. 349,
in the reign of William III. In that case a writ of habeas
corpus was directed to the keeper of Newgate for the body
of Clerk, and he returned answer, there was a corporation of
London and court of Aldermen, and, refusing the writ, the
court committed him for not taking on himself the office of
liveryman. The decision was this, "That when a commit-
ment is in court to a proper officer then present, there is no
warrant of commitment, and therefore he can not return a
warrant in heec verba, but must return the truth of the whole
matter under the j^eril of an action; but if he be committed
by one that is not an officer, as in this case, there must be a
warrant in writing, and when there is one it must be returned,
for otherwise it would be in the power of the jailer to alter
tlic case of the prisoner, and make it either better or worse
than it is in the warrant, and if he may take upon him to
return what he will he makes himself judge, whereas the court
ought to judge, and that upon the warrant itself" What a
delusion would it be — what a mockery were it otherwise !—
As was said by Mr. Justice Foster, it would be giving chil-
dren baubles when they asked for bread, to grant a habeat

154

NOTES OF AN EXILE, ON CANADA,

corpus writ, and then take judgment of the jailer of Liverpool
as to wiiat was contained in the warrant or the documents
referred to in the warrant, lie was prepared to show (if per-
mitted) that tlie jailer gave in a warrant, saying it was the
only one he had, but it did not ajjpear now what that warrant
was.

Lord Denman observed that it was useless to go into that
m atter.

Mr. Hill thought this was an exception to the rule. By the
habeas corpus act, the jailer was bound to give to any party
in prison a})plying for it a warrant. It was not stated in the
act what was to be done with it; but it would bo useless to
give it if it were not to show it. Sir Samucd lloinilly, than
whom there never was a sounder constitutional lawyer, in
Croley's case had s})oken of the great advantage of the habeas
corpus act, but said it conferred no new rights, but insured
old ones, and imposed on all concerned the necessity of
doing their duty. Judges were even liable to a fine of 5001.
for neglecting their oflice in the matter. Jailers and all
other persons were peremptorily required to obey the writ
of habeas corpus; and the return was to be made immediate;
because the return had suffered not so much from a refusal
of habeas corpus, for he <lid not recollect that in the worst
times such an application had ever been made as was yester-
day made by the Attorney General, to narrow the writ of
habeas corpus; but it attempted to defraud the subject of his
liberty in another way; and that was to make the writ of no
use when granted. Therefore it was sometimes made return-
able at a long period, and at other times it was evaded in
different ways, and he therefore agreed with Sir Samuel Ro-
milly in thinking that the habeas corpus act was passed not
so much for giving an essential remedy against oppression
as for completing and making perfect t' 2 remedy which
existed in the common law. When, therefore, he found that
in pursuance of the provisions of that act, it was made im-
perative on the jailer to deliver a copy of the warrant of
commitment of the prisoner, he was led to conclude that a

ENGLAND AND VAN DIEMAN'S LAND.

155

copy of the warrant had been brought under the notice of
the court, if not set out in ipsissimts verbis in the return.

Lord Denman did not snv it was not before the court, but
it was not competent for the learned counsel to travel out
of the return in the present stage of the argument.

Mr. Hill said, thai on the return there he had expected
to see some aulliorily stated, by which the jailrr conceived
he was justified in keeping the prisoner in conlinement. He
would not apologise to their lordships for the length of time
during which he had accu})ied the attention of the court,
because the case intrusted to his care was one of momentous
interest. He knew tliat able men might have said more in
less time, Init he trusted he had discharged the duty he was
called on to perform with determination, dilligence and zeal.
The prisoner for whom he appeared, had a right, whatever
his conduct might have been, to all the privileges of a British
subject Though born abroad he was a British subject. If
a Hindoo, or a black inhabitant of New South Wales, he
would still be a British su!)ject, and entitled to have his
liberty as much ret^pectcd as the highest subject in the
realm.

Mr. Roebuck, who also appeared for the prisoner Watson,
as well as for all the other prisoners, said that he must con-
gratulate his client, and he must also congratulate the people
of this country, that after a1)out a year's imprisonment, the
prisoner, now in court, had been enabled to see the face of
a judge. It was supposed that by the peculiar character of
the English law, every man, upon incarceration, was entitled
to be brought to trial at the earliest possible opportunity,
and that he was protected against being punished without
trial, without a hearing by himself or counsel, without an
opportunity of producing witnesses in his behalf, and with-
out the sentence of a judge. But in the present case, they
had a man punished, after one year's imprisonment, without
seeing a judge, without a sentence of a court, without a trial,
and even without arraignment. And how did it happen that
they had become aware of these extraordinary circumstances'?
Because by a fortunate chance for the prisoner, he had been

156

NOTES OF AN EXILE, ON CANADA,

brought to this country, where he might be reached by the
arm of the law, and not submitted to the tender mercies of
colonial administration. The man was in that court; ho
cried out to their lordships, " I am a prisoner without trial ;
I am brought to this country without law ; I want you to tell
me why I am detained." Thus the prisoner stood before
tJiem, and he (Mr. Roebuck) asked, most humbly, but at
the same time with a great desire to impress on their lord-
ships the importance of the question, what was it their duty
to do under the circumstances 1 for when their lordships'
duty came to be investigated would be found out the best
means of relieving the prisoner. He was imprisoned ille-
gally ; he had been brought from a part of the British domin-
ions abroad, against his will, and not only against his will,
but against the law. The jailer who detained the prisoner
was asked upon what authority he acted. Now it happened
in most cases that the party detaining another really did not
know of his own knowledge the cause of detention. But
was the law so careless, so thoughtless of the liberty, happi-
ness, and lives of the subjects of this realm, as to leave it to
a low functionary to determine whether or not a man should
be detained and punished by transportation lor life? No
such thing. The law was not so regardless of the interests
of the subjects of the Crown, at least in this country, though
it seemed to be in the country from which the prisoner had
come ; but there the law was beaten down. It was said —
inter anna silent leges ; and silent indeed were they in the
colony to which he alluded. But in England the law sur-
rounded the subject with safeguards. When a man appears
on the British soil detained by another, upon the pretence
that that detention is in execution of the law, there must
have been gone through a set ol vital forms, which would
gatisfactorily prove to their lordships' minds that the man
was legally detained. Had they any forms in this case 1
Was there a shadow of a form 1 Not one. There was not
the deliverance of a single document, nor even the pretended
copy of a warrant Their lordships had alone before them—
and that even not on oath— the assertion of the jailer at Liv-

ENGLAND AND VAN DIEMAN 8 LAND.

157

erpool, who stated a certain number of facts, without ex-
plaining how they came to his knowledge. He wished their
lordships not to suppose that he was going into a description
of the situation of the country from which the prisoner had
come, but he entreated them not to allow their minds to be
influenced by the continuous outpour of abuse which had in
every shape been directed against the parties now before the
court. Pamphlets, books and newspapers had been pub-
lished to piove their guilt; but now it belonged to a legal
tribunal to say whether they were guilty or not. He knew
it had been laid down as a general proposition of the law of
England, that if there appeared before the court a sentence
of imprisonment, given by a competent tribunal of jurisdic-
tion, the court would then suppose that all the necessary
legal steps had been taken before that sentence was awarded.
In the present case did there exist a sentence of any
competent tribunal] This could not be established by the
mere simple statement of an individual, but by certain legal
evidence requisite to prove that the prisoner had been legally
convicted. What document was there before the courf?
The return of the writ of habeas corpus made by the jailer at
Liverpool, and that writ originated in this way: — A certain
number of men appeared in this country, detained forcibly.
Prima facie that was necessarily illegal. Supposing they
had come from Japan, they could not have been detained an
hour. If, therefore, these men were to be detained at all, it
must be by the law of England. What, then, was the law]
It was this — that if men were brought from our colonies in a
state of detention, it must distinctly appear, or their deten-
tion would be illegal, that they had there been convicted by
a court of justice, and adjudged to transportation. Both of
these conditions were essentially requisite ; it not being suffi-
cient that the party should be convicted merely, but it being
also necessary that he should be convicted of an offense for
which the punishment of transportation should be awarded.
He objected to the return in the present instance on two
grounds, — first, on account of its affirmative propositions,
because what it affirrged was sufficient to prove that the re-

158

NOTES OP AN EXILE, ON CANADA,

turn was improper ; and he also objected to it on account ot
its negative quality, because of its insufficiency in omitting
to set forth certain things which ought to have been stated,
no cause appearing on the face of the return for the deten-
tion of the prisoners. With respect to the first objection,
the return affirmed that there was an act of the Leirislature
of Upper Canada containing certain provisions, among which
was that making it lawful, in the event of any one charged
with high treason committed in that province confessing his
crime, and petitioning for mercy before arraignment, for the
lord-lieuteniint of the province, with the consent of the
Executive Council, to grant a par Jon ; which being granted
under the great seal of the province, should — he begged the
attention to what followed — should have the same effect as
the attainder of the person therein named for the crime of
* high treason, so far as regarded the forfeiture of his estate
and property, real and personal. It was not an act of at-
tainder in etlect, except as respected the forfeiture of pro-
perty. Not having an opportunity of making references, he
was not at the present mtnnent able to state how far this act
was in consistence with the general law of Uj)per Canada,
but he was able to show what the law of Eno-lanrl as recrard-
ed Upper Canada was, and until it was shown that the law
of Upper Canada was changed by an English act of Parlia-
ment, he was bound to suppose that the English law was
there in force. The 14th George III., c. 83, set forth tnat
whereas the benefits of the criminal law of England having
been felt by the inhabitants of Canada for nine years, during
which it had been administered, it was expedient that the
same should continue to be uniformly administered, and ob-
served as the law of Quebec, which at that time included
both the Upper and the Lower Canadas, as w^ell in the des-
cription of the offenses, as in the mode of their prosecution
and trial. Upon the return that had been matle to the court
there was no proof that any alteration had been made in that
law. But it might be said that there had been a subsequent
act in the 31st George III., enacting that all laws, statutes,
and ordinances, in force on a certain day fixed by that act.

ENGLAND AND VAN DIEM AN 8 LAND.

159

should remain and continue to be of the same force and au-
thority in ench of the provinces as if that act had not passed,
and as if tlie province of (iuehec liad not been divided; and
it mi«;ht further l)e sai«l tliat lliat act ^;ave tlie colonial legis-
latures power to alter the law in certain cases. Jiut, as they
were to 1)0 confined to the return, ho must remark that the
return did not sliow that the law of Canada had been at all
altered as ret^arded the })rusecution and trial of oll'en;M.>. As
the act he had just mentioned gave to all the ordinances
passed previously to it the elfect of hiw, he thoutiht he mi^ht
be permitted to jiliude to one of those orilinances as having
thereby assumed the ( haracter of an Kn<^lish law. liy the
ordinance of the ilth Cleorfi;e III., it was provided, that if
any person lawfully convicted should in open court pray to
be transjiorted beyond the seas, and out of the province — .

The Solicitor (ieneral observed, that the 31st of Georj^e
III. enacted that certain ordinances should continue in force
until repealed ; and he objected to Mr. Roebuck's reading
someihin^ which he said was one of the unrepealed ordi-
nances.

Lord Denmnn did not see how they could ascertain the fact
v;hethcr it was re})ealed or not.

Mr. Roebuck said, that an act having j)asscd authorizing
the adoption of the English law and practice in criminal
matter, he presumed that all the forms re({uired here before
ihe transportaiion of any person, would be necessary in Ca-
nada. Ijy the 31st George III. powers were given to the
Colonial P.iMJiamcnls to make laws for the good of the pro-
vince, with this peculiar qualification, that those laws should
be confined to purposes Avithin the province in which the
same was passed. The })ower of the colonial Legislature
was confined within the territory, and therefore, though they
might banish, they could not transport. They might say
that certain men should not live within the province, but
they could not say that they should live in any particular
place out of it. Their pov^rer ceased the moment the men
were transported, though the men could not of course return
to the province. The English Parliament, seeing what was

160

NOTES OF AN EXILE, ON CANADA,

the effect of that act, and considering that the Legislatures
of the provinces, though they might banish extra Jims had
not the power of transporting, — that is to sny, ol' sending
persons to live, under certain restrictions, in a particular
place out of the provinces — passed a law, empowering th«
colonial authority to transport, not every person that might
be disagreeable to the government, but such as had been
convicted in court before a judge, and sentenced to transpor-
tation. He wished to make the distinction between the ju-
dicial and executive powers of the province ; for in the pre-
eent case the executive power alone intervened , and the
judicial power nowhere appeared. Neither the governor
of the province, nor the executive, nor both combined, was
a judicial authority in criminal matters; and, though they
formed a court of appeal, it would require another act of
Parliament to make them a court of criminal jurisprudence.
Consequently the explanation given in the return, that these
parties had not been convicted, nor adjudged to transporta-
tion, showed that the return was insutficient, and therefore,
without more ado, it was plain they could not, according to
that return, have been legally subjected to transportation,
though they might have been, perhaps, legally liable to
banishment. But supposing they had been convicted by a
Cuurt of law in Upper Canada, and supposing they had been
brought to this country in consequence of that conviction,
still he maintained that the return was invalid and insuffi-
cient, inasmuch as it did not inform their lordships under
what law they were brought here, nor set forth the important
fact that the parties had been convicted. Their lordships
could take no legal notice of the law of Upper Canada, but
would they allow the governor of the jail at Liverpool to in-
struct them in the law — to tell them just what he pleased ;
and would they permit that what he said should be taken as
conclusive and irrefragable evidence of the law? It would
require very strong evidence, he thought, to make their lord-
ships believe that there existed a law by which a person
might be put in prison, and might afterwards on petition, and
making a contract with the governor, while remaining in

ENGLAND AND VAN DIEMAN S LAND.

161

prison, and might afterward, on petition and making a con-
tract with tlio governor, while remaining in (hirancc, be trans-
ported, whipped, tortured or mutilated. The return set forth
that which was illegal. It stated that there was a contract
between the governor of the j)rovinee ainl the prisoner to the
cflect that he should be transported for life; but it did not do
what the law of England nM|uircd to bt; done, viz., give tho
judge's sentence 8ubj(3cting the prisoner to transportation; and
with respect to the contract, it had been laid down expressly
by a high authority, that no freeman could be subject to duress
or imprisonment in consefjucncc of any contract, but only by
judgment of a court of law. By the law of England, if a
man condemned to death had his punishment, the secretary
of state communicated that fact to the judge, who made it a
l)ortion of the record. Was there any thing of the sort in
the case? No. The return set forth that there had been :i
contract, which was obviously illegal, and they were besides
told that pardon should be equivalent to attainder. As far
as regarded the forfeiture of property, this might be true;
but it did not justify transportation. But supposing, for tho
sake of argument, that a confession of guilt on the part of
any person justified his transportation from the province, it
might so ha})pen that Governor Arthur, with a troop of sol-
diers, might a})prehend any ]»erson he chose, and send him
here to be transported; but when he arrived in this country
the law would surround him with safeguards, and protect his
personal liberty. Their lordships ought to bo informed under
what law the prisoner was now in court, and under what
forms he had been transported. What was the ordinary case
when a man came to this country convicted in Upper or Low-
er Canada of a felony 1 He was brought here with the record
of his conviction, with an attested copy of his pardon, and
the award of the court of justice. But no such forms had
been preserved in the present case, and therefore, so far as
regards the law, the return was insufficient. His learned
iVicnd, Mr. Hill, had entered into a long description of the
want of form, and had traced the insufficiency from Toronto
to this country. He (Mr. Roebuck) would trace it from this

162

NOTES OF AN EXILE, ON CANADA,

country to Toronto. A complaint was made of the unlawful
detention of parties at Liverpool, and the jailer was asked
whether he had any warrant. The jailer replied that letters
patent were issued in Ujiper Canada authorizing the transpor-
tation of the men; but Sir J. Colborne had no power to trans-
port, and if he had it ought to have been set forth in the
return, and on this a(3count the return was defective. The
next important point with respect to which the return was
defective, was the want of a judge's warrant adjudging the
prisoner to transportation. He knew that the prisoner when
he first heard the return read, learned with horror that he
was transported. Look at the dates; the man was put into
prison in December.

The Attorney General said he must again interrupt his
learned friend. The court could know of no proceedings but
those on the record.

Mr. Roebuck said he would state the case in this way : the
pardon was dated in October, but no date was given for the
petition. Who proved that there ever was a petition? Mr.
Bacheldor. But such evidence as that would not prove that
a man owed twopence. Their lordships had now before them
a beautiful specimen of the way in which the government of
Canada might be administered, not according to the law, but
at the will of the governor. It would be a disgrace to Eng-
lishmen if they could be transported in such a way, and he
was sure that their lordshijis would not by their high authori-
ty sanction such a proceeding, would show to those who sent
the prisoners to this country how high was their estimation of
the liberty of the subject, and of the great and sacred char-
acter they were invested with. They were judges met to ad-
minister the law, and they would show those men, who were
no judges either in name or in fact, their opinion of this pro-
ceeding by discharging Leonard Watson, who was a prisoner
against law and without law. They had no evidence that he
was a criminal; all the evidence they had was that he was
unfortunately a prisoner, but a prisoner without having had
Sentence passed on him.

ENGLAND AND VAN DIEMAN S LAND.

163

: the
»r the
Mr.
c that
them
nt of
, but
Eng.
d he
hori-
scnt
ion of
char-
o ad-
wcre
s pro-
soner
lat he
c was
had

The Attorney General said it now became his duty to an-
swer tiie ariiuinents which liad l)ccn advanceil bv his learned
friends; but he felt he had a rii^dit, in the iirst instance, to
conijilain of tlie tone which h;id been adopted by them, who,
instead of confining themselves to those ]>oints in which their
clients were entitled to iiio benefit of their assistance, had
rather indulged in declamation and resorted to topics, ])articu-
larly Mr. llocl)uck, which ought not, and could not, have any
influence with their lordshij)S. What etlect they might pro-
duce elsewhere was not for him to say, but he hoped they
would Ik; prop(»rly api)reciated. He did trust that in no quar-
ter of the world would they j)rodu(;e any etlect in preventing
that mikl and merciful administration of the law being pur-
sued, which had hitherto prevailed in the country from which
these prisoners had come, lie must also complain of his
learned friend (Mr. Hill) for making a very invidious and un-
founded charge against him in respect to the objection he had
submitted to their lordships upon their jurisdiction in this case
under a writ of habeas corpus, issued by a single judge in va-
cation. That obji'ction (!ould have had no elfect in prejudi-
cing the case of the prisoners, for, if it had been successful,
it would not have delayed the consideration of their case, or
their dis('harg(\ if they were entitled to a discharge, for twen-
ty-four hours. But when he had the authority of Lord Coke,
Lord Hale, Lord Mansfield, and other high authorities, which
he conceived to be the authority of the Legislature in the
reigns of Charles II. and George III., })ronouncing that such
a proceeding should not take }»lacc unless by virtue of the
statute, he really could not blame himself for submitting the
point to their lordships' judgment, but should have blamed
himself if he had not done so. Their lordships had decided
against him, and from the bottom of his heart he rejoiced at
their determination. It wjls the first time, however, that the
point had been decided. Witli resj)cct to the prisoner, Leon-
ard Watson, his learned friends had endeavored to represent
him as an opj)ressed man, deprived of his liberty, and sentenc-
ed to transportation for life, without knowing what ofler.se he
was charged with. Their lordships would take the return as

164

NOTES OF AN EXILE, ON CANADA,

true, and of its truth he had no doubt. If it were false there
was remedy by action. His learned frienrls, too, by th«; course
of their ar^umentf, had accepted it as true, and what did it
aver? It showed that the innocent, the illused, the illegally
transported Leonard Watson, humbly petitioned the lieutenant
governor of Upper Canada (he having been indicted for high
treason, and having an opportunity of taking his trial and
showing his innocence) acknowledged his guilt, and stating
his penitence, prayed that her Majesty's gracious pardon might
be extended to him on such conditions as should seem proper
to the lieutenant governor and the executive council. In the
merciful spirit with which the law is executed in Canada, his
prayer was accorded upon the condition of his being trans-
jtorted for life. He assented to that condition of his pardon,
jind he was now in the execution of that sentence for which
he prayed, in the course of being sent to Van Dicman's Land,
and he complained, through his counsel, of great grievances
and oppressions, and wished to bo discharged from imprison-
ment, again to return to Canada and foment rebellion there.
This then was the ill used man, the victim of a cruel adminis-
tration. — Let him now consider the objections taken to the
return, and in doing so, he might take first and second con-
jointly. The first objection was thai there had been no
conviction, and the second was, if there had been a conviction
there was no record of it on the return. These objections
were based on an act passed in the 5th of George IV., and if
that were the case it rniglit be material for his learned friends
lo show that there had been no conviction; but he (the Attor-
ney General) did not seek to bring this case within that act
of Parliament. His learned friends had totally mistaken the
object of that act. For a long course of years, the colonial
Legislatures of this empire had, from time to time, passed acts
by which transportation was awarded as a punishment for
certain offenses.

Mr. Roebuck objected to the Attorney General traveling
out of the return.

The Attorney General said he was referring to the act of
George IV,, wliich was matter of liistory. By that act, which

ENGLAND AND VAN DIEMAN'S LAND.

165

assumes that the colonial authorities had tlie power to traiis-
j)ort, j)laces were a|)|)ointc(l, citlufr in the river Thames or in
j)artieular harhors ol' England iuid Wales, where convicts in
their transit might he kept, subject to all the discipline; which
prevailed there. These places went by the name of hulks.
Now if the j)risoner Watson had been subject(.'d to the disci-
])line of the hulks, he might have complainc^d of harsh and
illegal treatment, because he might have said that he had not
been convicted, and had no judgment j)assed against him. —
But the ))risoner could make no such complaint, because he
liad b(;en simply detained in her jNIajesty's jail at Liverpool
until such time as he coidd be sent to Van Dieman's Land, in
execution of the sentence which he h;id assented to. lie (the
Attorney General) would now bring before the court that on
which he did rely, and that was the act of the Legislature
Uj>per Canada, averred on the face of the return to have been
lawfully passed — to have lawfully received the assent of the
Crown, and the validity of which had never been objected
to except in the course of some sarcastic observations with
which tiie court had been favored that day. His l(;arnecl
friend (]Mr. Roebuck) referred to the statute of 14th Georgi-
III.; but he did not mean to say that that was not overruleil
by the 31st of Cfcorge III., whereby Canada was divided into
two jirovinccs, Upf)er and Lower. By this a(^,t, which is tlu;
thirty-first chapter of the 31st of George III., there is a Legis-
lature a|)])ointcd f(jr the jjrovince of U})per Canada, and heri^
they could have no dispute as to the powers which might be
conferred upon any colonial Legislatute by the Crown which
in some cases perhaps might Ik; a matter of difficulty. Tlu*
Legislature of Up'per Canatia was estal)lished by the imy/crial
Parliament, and might pass all acts with the assent of the
Crown, whether conformable or not to tlie 14th George III.
The Canadian Legislature, then, having power to make such
laws as the Crown might assent to, })asscd the 1st of Victoria,
c. 10, which, aftei reciting that there was reason to believe
that among the persons concerned in the treasonable insurrec-
tion in th(; provinces there were some to whom the lenity ot
the government might not imju'operly be extended, enacteii

166

NOTES OP AN EXILE, ON CANADA,

that it should bo lawful for the lieutenant governor of the pro-
vince, by and with the advice of the executive council, to
grant pardon to such persons upon certain terms.

Mr. Roebuck said there was no evidence that this was
really the act referred to in the return.

The Attorney General understood that the act was not set
forth in the return, and he should, therefore, in the first
place, suppose that it was an act of the imperial Parliament
of Great Britain; or it would, perhaps, make the matter
more clear and simple if he supposed that there was an act
of Parliament in these words passed in the imperial Parlia-
ment, and saying thst so and so might be done in Canada.
If such an act had passed, could there be any doubt of the
power of the lieutenf nt governor to commute the punishment
of a party charged with high treason to transportation for
life 1 The great objection which his learned friends had
taken was, that no man could assent to any thing against his
own liberty. "No man," said his learned friends, "can
consent to be put to death ;" they might have gone further
and said, " no man can consent to a common assault ;" the
license would be bad, that is to say, where there is no author-
ity in point of law to authorize the proceeding. But would
it be said that the supreme power of the state could not
create a law which might enable a person charged with a
crime to agree, without submitting his case to a jury, to a
particular punishment which might be awarded 1 That, he
conft'ssed at once, could not be done without the authority of
the Legislature ; but could it be doubted that the Legislature
could confer such an authoriiy 1 Their lordships would find
that the 14th section of the habeas corpus act itself ran thus:
"Provided always, and be it enacted, that if any person
or persons lawfully convicted of any felony shall in open
court pray to be transported beyond the seas, and the court
shall think fit to leave him or them in prison for that pur-
pose, such person or persons may be transported into any
parts beyond the seas, this act or any thing therein contained
to the contrary notwitlistanding." Here was a case of a per-
son convicted of an offerise, but for which he was not liable

ENGLAND AND VAN DIEMAN's LAND.

167

not
sith a
to a

,^
ityof

ature

find

to transportation ; yet the act says, " if he agree to be trans-
ported he maybe transported." That was matter of con-
tract, matter of assent, but done under the authority of the
Lcgishiturc, the proceeding is valid. It would be a most cruel
thing upon prisoners who were guilty if such a law might
not be enacted ; because the Crown would be deprived of the
means of extending mercy to them, and trials and convictions
would be rendered indispensably necessary. The case to
'"hich he had referred in the habeas corpus act was one
where after conviction a party prayed for transportation,
which without his prayer could not lawfully be passed upon
him; but the Legislature might equally well have said, that
if a person be imlicted for an offense, and pray to be trans-
ported before trial, it should be lawful on his petition to pro-
nounce sentence of transportation upon him ; and then, if
that sentence was to be carried into effect, was he on the
way of being transported to be permitted to move for a
habeas corpus and say, "I am unlawfully deprived of my
liberty ; true, I did consent, but a man can not consent
against his liberty, and my detention is illegal ? " The 13th
section of the habeas corpus act is also very material:
" Provided always that nothing in this act shall extend to
give benefit to any person who shall by contract in writing
agree with any merchant or owner of any plantation, or
other person whatsoever, to be transported to any parts be-
yond the seas, and receive earnest upon such agreement,
although afterwards such person shall renounce such con-
tract." The very word "contract" was here made use of.

Mr. Hill. — The contract is not in that case for punishment.

The Attorney General. — It is not for punishment, but it is
the case of a man renouncing his liberty — not a contract by
way of punishment for crime of which the person might have
been guilty, but by way of certain rewards for certain servi-
ces performed. Did not this act of Parliament of Upper
Canada, then, contemplate that the condition should be per-
formed, and that all should be done which should be neces-
sary for carrying that condition into effect, when it said
" that a party charged with high treason may petition to be

168

NOTES OP AN EXILE, ON CANADA,

pardoned, and a pardon may be extended to him on such
terms as may be thought proper V^ Was not transportation
clearly within the meaning of that enactment 1 His learned
friend (Mr. Hill) had asked whether the rack, mutilation,
or torture, or some other enormous punishment unknown to
the law of England, was not also included 1 It was unne-
cessary to ask that question, because the Legislature in the
terms imposed here contemplated punishments known to
the law, short of the punishment of death. The terms were
to be " such as should be deemed proper ; '' and to such an
enactment, in point of principle and humanity, no objection
could be made. He was not therefore a little struck to hear
thai statute denounced as cruel, tyranical and oppressive. —
It must be supposed that it was lawfully and properly carried
into execution ; and if so, he would say it was a most salu-
tar Y and humane law. It enabled the representative of the
Ciown to extend mercy to those who might have been se-
d i ;c() by the instigation of others, and who were much less
g itlty than those by whom they were instigated, but who
^natiously avoided the danger, and where otherwise, treason
havfp^ been committed, public prosecutions must proceed,
convictions must take place, and that frightful sentence,
which he would rejoice as much as his learned friend if it
required no longer to be pronounced, must be heard in open
court. But was it not a merciful and humane enactment that
a person against whom such a charge was brought, who felt
he was guilty, and was conscious he had no defense, who
might have been taken in arras fighting against the troops of
her Majesty, that such a person might be allowed to petition
and be pardoned on terms short of suffering the last sentence
of the law, in the hope that the exercise of mercy might have
a beneficial cfToct on him and the community at large ? The
law said the party mi^iit pot'tion. It was his own voluntary
act. He might or might not take advantage of the law; it
was introduced for his Itencfit, but he might renounce it if he
pleased. But if he did take the benefit of it ; if he acknow-
ledged that he had committed high treason ; if he acknow-
ledged that his life was forfeited to the law ; if he acknow-

ENGLA^D AMD VAN DIEMAN 8 LAND.

169

ledged that sentence as for high treason must on conviction
be lawfully passed on him, — was there anything hard or ty-
ranical in allowing him to petition for mercy, and that a sen-
tence, sparing his life, might lawfully be pronounced upon
him 7 The act of Parliament said that and no more. Well,
then, was that sentence to be carried into effect 1 Was he
to be allowed to present his petition, to acknowledge his
guilt, to obtain a pardon, and then to violate and disregard
the condition on which that pardon had been granted 1 If
this were a statute of the imperial Parliament, would it not
authorize everything which was necessary to be done in order
to carry it into effect ? It was not a statute of the imperial
Parliament, but he said it was not a statute made under a
statute of the imperial Parliament. It was a statute made
under the 31st of George III., c. 31, which established a su-
preme legislation in Upper Canada, without any restriction
whatsoever to make such a law. He did not now refer to
anything not in the return, for he believed the statute of the
31st George III. was recited in the begining of this local act;
as indeed it should be in the beginning of every act passed by
the Legislature of Upper Canada. The only remaining ques-
tion, then, in this part of the case was, whether the sentence
could lawfully be carried into effect beyond the limits of Up-
per Canada, being under an act passed by the Legislature of
that province '? He said that the Legislature of that province
having tho powfr, the undisputed power, of creating the
punishment of death to be inflicted on any person found
guilty of a particular offense, had the power of affixing trans-
portation as h punishment, because it was lower than death.
It was a punishment which was pronounced in the colony,
the liability to which had been incurrcMl in the colo'.y, the
party on whom it had been pronounced was in the colony;
in the colony he became a convict sentenced to transporta-
tion. He being in the colony a convict sentenced to trans-
portation, he might be lawfully transported.

There was not a British act of Parliament to authorize
transportation from the colonies from any part of the world.
It was done by the colonial assemblies ^j/o/jho ?no^(, and it

170

NOTES OF AN EXILE, ON CANADA,

would be a most alarming stjite of things indeed, if all the
sentences of all who had been so transported for many years
were now to be re-opened, and all who had been sent from
Jamaica and the different colonies of the west or east were
to be declared to have been sent thither contrary to the law,
or to have been unjustly deprived of their liberty. He ap-
prehended that where a person had been convicted and sen-
tenced to transportation under colonial law, the Crown, by
virtue of its prerogative, had a right to carry that sentence
into execution. It was immaterial that it was to be carried
into execution beyond the limits of the colony. The 3d
section of the 5th George IV., c. 84, was particularly worthy
of consideration here. It gave a power to appoint any place
beyond the seas, either within or without his Majesty's do-
minions, to which felons and other offenders under sentence
of banishment should be conveyed. According to that act,
a convict under sentence of transportation might be sent to a
place not within his Majesty's dominions. His learned friend
had cited the 1st William IV., c. 39, as authnizing gene-
rally the detention of prisoners sent to penal colonies. That,
however, would be found upon examination to be by no
means the purport and scope of the act. It appeared that
certain parties who ought to have been sent to New South
W^ales, had been sent to Van Dieman's Land, and the act
passed in order to render it lawful to detain them at Van
Dieman's Land, instead of sending them to New South
Wales. There was therefore no act of Parliament to autho-
rize the transportation of convicts from the colonies to New
South Wales or Van Dieman's Land ; transportation was in-
variably carried into execution under acts of the colonial
assemblies, and by the prerogative of the Crown ; and the
power to do so was fully recognized by the 7th section of the
5th George IV., which did not at all give validity to such
transportation, but assumed its validity, and only said, that
if the parties who were so to be transported came to this
country, they might be confined in those ships to be set apart
for the punishment of such offenders, and subjected to the
discipline of the hulks while they remained in England.

' :

ENGLAND AND VAN DIKMAN's LAND.

171

The Legislature, therefore, had clearly recognized the power
of the colonial assemblies to pass a law for transporting
criminals from the colonies to another part of the globe. If,
then, there were such a power in the Legislature of Upper
Canada, could there be a doubt that the Legislature of Upper
Canada had authority propria motu to pass this act of Parlia-
ment, the 1st of Victoria, c. 10, which says, that if a person
be charged with treason he may petition the lieutenant go-
vernor, and, admitting his guilt, may receive a conditional
pardon upon being transported to Van Dieman's Land. Such
was the substance and effect of that law. Was there any
doubt that it might have been expressly enacted, that "any
person charged with high treason, upon petitioning the lieu-
tenant governor, and confessing his guilt, might, with the
consent of the lieutenant governor, have been transported to
Van Dieman's Land?" It would merely be exercising the
same power exercised in passing a law whereby transporta-
tion was made the substantive punishment for a specific
offense. The transportation was not in this case mentioned
in the section of the act as one of the terms which might be
agreed upon; but was it not clearly involved and contempla-
ted in it ? The words wore, *' upon such terms and condi-
tions as may appei.r proper." Transportation was a well
known punishment — well known to the law of England —
well known in the mother country — well known in the col-
onies ; there was no occasion for considering whether any
punishment unusual and unknown should have been adopted.
Transportation was a well known and recognized punish-
ment, and clearly it was one of the conditions on which the
pardon would be granted. If it were so, where was the
objection to the legality of this act, and why was the sen-
tence not to be carried into effect ] If a man was convicted
in Upper Canada of larceny, and sentenced to transportation,
no doubt he could be lawfully sent from Quebec to Van Die-
man's Land. So it was clearly and unequivocally declared
by the Legislature itself. If he might be sent directly, he
might be sent circuitously, where there were no means of
sending directly to the place of his destination. Between

172

N0TE«9 OK AN EXIf.r., 0\ CANADA,

'■I

, I,
I I.

such a sentence upon conviction and a pardon upon such a
condition as was hfre conti'n>plalcd,'it \va.:> iinpossible upon
piinciple to ilraw the smallest distinctior;. Il there wne a
power in the Legislature ol" Upper Canada to lix transporta-
tion as a punishment for crime, there was then also a power
in that LcjTislature to enact that a person cliarged with high
treason might, upon his petition and confession of guilt, be
made subject to transportation, as li' he hud been formally
sentenced to transportation. So much for thr uower of the
lieutenant governor. His learned friend had asked why they
Iiad not shown the authority of the lieutenant governor. He
relied on the act of Parliament of IJlst George HI. — he relied
on the act of the colonial Legislature which was returned in
answer to the writ ol' habeas corpus. 'Ihese two showed the
power of the lieutenant governor, because they showed that
an act was lawfully passed by the Legislature of I pper
Canada, conferring that power upon him. He had now to
consider the manner in which the conditions had been carried
into effect. He was asked what authority had Sir John Col-
borne, the governor of Lower Canada, to interfere? Arguing
on the supposition that this was a lawful proceeding, and
that by lawful means Watson might have been sent from
Upper Canada to Van Dieman's Land, were not all the
means necessary for doing it legalized by the same act 1 —
The return expressly avers, and the averment was to be
taken for true, that there were no means of transporting him
(lirectly to Van Dieman's Land. It might be, as he believed
was the fact, that from no port in Upper Canada did vessels
sail for such distant parts; but it was at all events easy to
<;onceive that there might be a province so inland '!iat the
embarkation of the convict from any part of it would be
physically impossible.

Lord Denman. — I may refer you to one argument used on
the other side with respect to part of the Canada act. It
appears by the return, that the conditional pardon was to
have the effect of an attainder on the personal and real pro-
perty of the party.

The Attorney General was very much obliged to his lord-

r.VCJf.AND AM» VAiV IMKMAN ti LAND.

173

ieved
ssels
asy 1"
at the
lid be

ed on
it. It
as to

ship for drawin;T his atfotition to that pumt, but he sought no
benefit at all tVoin those words. They would in no degree
prejudice the return ot" the right \n carry llio condition into
effect. The words he relii'd ou wnc tin se — 'Mliat a person
charged willi high treason lornrnitted in the province, may
petition the lieutenant governor to be pardoned, and it shall
be lawful for the lit utorant governor, hy and with the advice
of the executive council, to grant a pardon upon such terms
as shall be thought proper.'' There he stopptul, atul if the
statute had stopped tlierc, the power would have been cre-
ated for which he contend«'(l ; because, before that it was en-
acted that if a person charged with liigli treason petitioned
for pardon, pardon might be granted to him " upon such
conditions and terms as may appear proper." J^id it not
then inevitably follow that the terms and comlitions on which
pardon was granted were to he carried into effect ? Were
these to be unilateral? A'as the prisoner to have all the
benefit, and the Crown and the public no security by way of
return ? Instead of being conditional, was the pardon to be
absolute] Unh'ss ihere was a power of carrying the comli-
tion into effect in the province, the moment the party lel't
the province he was discharged, entitled to his liberty — ho
might go where Ik pleased, and conduct Idmself as he thought,
fit. But the act giving a power to pardon on terms and con-
ditions, it was a cotulitional pardon, and the condition was to
be carried into effect. Was not that the intention of the
Legislature, and expressed with sufficient clearness ? The
words to which his lordshi)> had been good enough to call his
attention, were for the purpose of affixing a farther punish-
ment, because without those worrls there would have been no
forfeiture of land or goods. There being merely a pardon on
condition of transportation, if the party had possessed half
the province of Upper Canada he would have remained so ;
if he had possessed the most unbounded wealth, he would
have been entitled to continue to enjoy it. He would still
have been a landowner, a freeholder of Upper Canada, after
having been transported for high treason. That was thought
not to be a fit state of things, and therefore beyond the terms

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174

NOTES OF AN EXILE, ON CANADA,

that might be agreed on and prescribed by the lieutenant go-
vernor; at all events this security was to be taken, that
there should be a forfeiture of land and goods, but no cor-
ruption of blood, which an attainder for high treason would
necessarily bring along with it. Those words were therefore
inserted for the purpose of showing that the party was to
forfeit all his property real and personal, in addition to those
terms and conditions on which the pardon was extended.
But could his learned friend for one moment contend that
this forfeiture of land and goods was to be th^ ultimate and
only punishment to be inflicted — that this condition was a
nullity not to be executed, and that as soon as the pardon
was pronounced the condition was to be retracted or treated
with contemptl These words were in reality an additional
enactment, that in no respect qualified what preceded, but
left the conditional pardon still to be granted, and the con-
ditions to be performed on which that pardon was to be
awarded. The two were entirely distinct. It was to be a
pardon on conditions prescribed by the lieutenant governor
of the province ; then there was to be a fixed and ascertained
punishment to be undergone in all cases ; but there was to
be no pardon without a forfeiture of land and goods. When
his attention was called to this point, he was adverting to
the objection which had been urged by his Jearned friend
with respect to the supposed irregularity which had taken
place. If there had been any irregularity in transmitting
the prisoner to the province of Lower Canada, would that
be any ground for discharging him now, when lawfully in
custody of the jailer of Liverpool in execution of his sen-
tence"? He apprehended clearly not. But there was no
irregularity. Incidentally there was a power to do all that
was necessary for carrying the sentence into execution. He
put the case of an inland province ; and how in that case was
the condition to be carried into effect? Although the return
did not say specifically that there was no seaport in Upper
Canada, it occurred, however, that the prisoner could not be
sent directly from Upper Canada to Van Dieman^s Land,
which was enough for liis purpose ; the condition must be

ENGLAND AND VAN DIEMAN 8 LAND.

175

executed, and the prisoner taken stage by stage till he
reached his place of destination. There being no means of
sending Watson directly from Upper Canada, it became ne-
cessary to send him to the sherif of Quebec, the most proper
and convenient custody for. that purpose ; and there he re-
mained in execution of his sentence. The next averment
was, that there were no means of sending him directly from
Quebec to Van Dieman's Land, and he was therefore put on
board ship to be brought to England. Was it to be said that
was illegal? It might be easily conceived there were no
proper ships for such a purpose sailing from Quebec to such
a distant part of the world ; what then was to be done 1
Was the prisoner to remain until a vessel fit for the purpose
should be built, equipped and manned 1 He could not be
sent directly from Quebec to Van Dieman's Land, but was
sent to England as the readiest and most proper route by
which he might reach his place of destination. There was
no pretension for saying there was the slightest irregularity
in his detention. — He now came to the fifth objection of his
learned friend, that no warrant had been returned. In many
cases a warrant was necessary ; where a person was commit-
ted for trial, there must be a warrant to authorize his deten-
tion ; but in many cases where he was in executiori of a sen-
tence, or what amounted to a sentence, there was no war-
rant, and no warrant could be required. The case on which
his learned friend relied was that of " the King v. Clerk,"
1 Salter, 349 ; but the precise distinction was drawn in that
case for which he (the Attorney General) was now contend-
ing, that "where there is a commitment by warrant, the offi-
cer must return the warrant ; but when a commitment is in
court, where there is a commitment on conviction, there is
no necessity for the production of a warrant ; but the officer
must return the whole matter under penalty of an action."
Such was the case here, and he denied if a personjwas sen-
tenced to transportation that there mustnecessarily.be a war-
rant to the person entrusted with the execution of that sen-
tence, any more than there must be a warrant to detain a
man in jail who was actually in prison. The truth of the

I-

176

NOTES OF AN EXILE, ON CANADA,

matter was returned ; and what was it? — that the jail of the
borough of Liverpool, to which plac.e the ship came, was
the fittest and most convenient place for the purpose of de-
taining the prisoner until means were provided with all pos-
sible despatch of carrying him to'his destination. Could it
be contradicted that Liverpool was the fittest and most pro-
per place for the prisoner to be detained? Was it fitting or
necessary that he should be kept in the hold of the ship, in
the roads, or at the mouth of the Mersey, exposed to the
fury of the elements until a ship was prepared? Was it
unlawful to enter the port of Liverpool? Was it not more
fitting and humane that the ship should go into port, and that
he should be lodged in some convenient place until, with all
possible expedition, a ship was obtained in which he could
be transported to Van Dieman's Land? The return averred
that what had been done was indispensably necessary, and
that it was the most proper and convenient course that could
be pursued.

He had only one other objection to meet, and he confessed
it had come upon him by surprise ; the last objection was,
that the return was not sufficiently specific — that it ought to
have set out at large, and with greater precision, all the doc-
uments to which it referred. This was rather inconsistent
with another observation which fell from his learned friend
' — that the jailer of Liverpool could know very little of all
these matters. He must say to impose on a jailer the duty
of setting out all documents of which he might not be cogni-
zant would be very unreasonable; and the law which should
say if that were not done by the jailer the detention was
unlawful, would be very unjust ; but such was not the law of
England, which required no such minute details in a return
to a writ of habeas corpus. He referred their [Lordships to a
well known rule, as laid down in Barne's case, 2 Rose, 157,
that a return to a habeas c(frpus differed from other judicial
proceedings, and such precise certainty was not required in
the terms ; it was sufficient if the court could learn from the
return the substance of the matter. That was quite reason-
able ; and that rule had mtbis case been fully complied with.

ENGLAND AND VAN DIEMAN's LAND.

177

The same rule was laid down in the 3d Wilson, p. 337. He
doubted whether there ever was a return to a habeas corpus
that set out the proceedings so fully as had been done in this
ease. He would refer their lordships to the case of "the
King V. Saddis," 1 East, p. 306, which was a writ of habeas
corpus directed to Sir W. Pitt, governor of Portsmouth, to
bring up the body of John Saddis. The return set out the
proceedings of a court martial at Gibralter, and stated that
the court having heard evidence for the prosecution was of
opinion that the prisoner had been guilty of a breach of the
articles of war, and sentenced him to be transported to Bo-
tany Bay for fourteen years; that the proceeding was ap-
proved of, and that the governor of Gibraltar, in order to
carry the sentence into effect, sent the prisoner tp England,
in custody of Lieutenant Rogers, of the 70th Regiment; that»
having arrived at Portsmouth, Lieutenant Rogers delivered
him to Sir W. Pitt, as governor of her Majesty's garrison at
that port, to be by him kept until he could be sent to Bota-
ny-bay, in pursuance of his sentence. There was no warrant
sent with Lieutenant Rogers to Sir William Pitt, nor had
Sir William Pitt any warrant from any authority whatever.
The return merely alleged that the governor of Gibraltar had
delivered Saddis to the custody of Lieutenant Rogers to be
sent to England, and that Saddis, on arriving in England,
was delivered by Rogers to Sir William Pitt, as governor of
the garrison of Portsmouth, until he should be sent to Bota-
ny Bay. The court held that to be a good return, and Saddis
was remanded in execution of his sentence.

Mr. Justice Williams. — Who was counsel in that case T
The Attorney General. — Mr. Erskine was counsel for the
prisoner, and Mr. Abbott, afterwards Lord Chief Justice, on
the other side. The case was most elaborately argued; vari-
ous objections were taken ; they were overruled ; but it was
not thought possible to take Ihe objections for the want of
the warrant. He would read what Lord Kenyon said on the
subject: " There must tilways be a leaning in favor of liberty;
we must, however, take care not to carry that disposition too
far, lest we loosen the bonds of society, which is kept to-

178

NOTES OF AN EXILE, ON CANADA,

l>\

gether by the hope of reward and the fear of punishment. It
has always been considered that judges in our foreign posses-
sions are not to be bound by the rules proceeding in our
courts here." He then said, " We are not sitting as a court
of error to review the irregularity of their proceedings, and I
see no reason for saying that the form of the return is not
sufficient." Mr. Justice Cross, who followed him, said that
the objection made was one of error, but they did not sit
there as a court of error. Mr. Justice Lloyd observed, that
it was a return to a writ of habeas corpus made by the person
in whose custody the prisoner was left in execution of his
sentence, and who could not be cognizant of all the proceed-
ings; it was enough that the court had authority to pro-
nounce the sentence, and that the governor returned the
cause why the party was in custody. Mr. Justice Le Blanc
said it was sufficient for the officer having the prisoner in
custody to return to the writ of habeas corpus, that a court
having competent jurisdiction had convicted him, and that he
held him in custody under that sentence. It was enough,
then, for the keeper of the jail at Liverpool to have returned
that act of the colonial Legislature, the conditional pardon
upon transportation, and that Watson, now in custody, was
on his way to Van Dieman's Land in execution of that sen-
tence. He had now, he believed, gone through with the
whole of his learned friend's objections ; but before sitting
down he thought it his duty to call their lordships' attention
to this point, that if there were any informality in the return,
of which he was not aware, this was not a case in which their
lordships would discharge the prisoner. It appeared from
the return that he was in custody upon a charge of high trea-
son, committed within the dominions of her Majesty, for
which, if the act of the colonial assembly were a nullity, if
this conditional pardon were a nullity, he was still^liable to
be tried either in England or in Canada. If he renounced
the statute and the pardon, he threw himself upon the general
law of the land ; and it appearing on the return that he was
in custody upon such a charge, he humbly submitted that
being so indicted he was not entitled to be discharged. He

ENGLAND AND VAN DIEMAN 8 LAND.

179

referred their lordships upon this point to the 16th section. ct
the habeas corpus act itself, which enacted ^' that if any per-
son or persons should be committed on a capital offense in
Scotland or Ireland, or any of the islands or foreign planta.
tions of the King, his heirs or successors, where he or she
ought to be tried for such offense, such person or persons
may be sent to such place, there to receive their trial in such
manner as the same might have been used before the making
of this act, any thing herein contained to the contrary not-
withstanding." He was arguing on the supposition that his
learned friend could pursuade their lordships that the colonial
statute was a nullity, that the conditional pardon was a nul-
lity, and that the party was in the same situation as if he had
merely been indicted. The indictment being in existence,
he submitted the prisoner could not, according to this section
of the habeas corpus act, be discharged. If the proceedings
were irregular of which he complained, still he was amenable
to justice. He (the Attorney General) should most bitterly
regret if the prisoner should be put in any jeopardy, and he
should rejoice to see his sentence mitigated instead of his in-
curring any peril from renouncing the benefit that had been
conferred upon him ; but at the same time, if he thought £t
to declare that all which had been done was illegal, null and
void, he was not for that reason altogether to escape the
penalty of the law. Having acknowledged that he was
guilty of high treason, he was not on that account to escape
from its consequences. He begged to refer to two cases
upon this point — the first was "the King v. Kimberley," 2
Strange, 248.

Mr. Hill submitted that his learned friend was now going
into matter of which he had received no notice. If there was
anything in the course of the argument he was now taking,
it should come on in the shape of a distinct motion.

. The Attorney General had put his learned friend in pos-
session of the whole course he intended to take ; he had even
told him he should move for leave to amend the return, if
necessary ; but he was now showing cause only why the pri-
soner should not be discharged.

:■'

180

NOTES OP AN EXILE, ON CANADA,

The Attorney General .-r-There was a charge against the
prisoner for having committed an offense in Ireland.

Mr. Justice Coleridge. — You must make out that this man
has committed high treason. The words of the act are, " if
any person or persons shall have committed," &c.

The Attorney General. — The words he relied on were,
" where he or she ought to be tried" they were to be sent for
trial; it was not necessary to prove their guilt before the
court, or to prove more than that the charge depended against
them. The case here was much more serious than the exis-
tence of a warrant ; the prisoner had been indicted for high
treason. There was another case of " the King v. Piatt,"
.1 Leaches Crown Cases, where the prisoner, on the warrant
of Mr. Abingdon, a Middlesex magistrate, was committed to
Newgate for high treason at Savannah, in North America.
An application was made to have his trial brought on, or that
he might be discharged. He was not tried, however, and the
application for his discharge was refused ; he was remanded,
there being this warrant against him by a Middlesex magis-
trate, for treason committed in North America. He should
have apprehended that a Middlesex magistrate had, strictly
speaking, no authority to grant a warrant for committal of
an offense beyond his jurisdiction ; but it appearing that the
prisoner was in custody on a charge of high treason, the
court refused to discharge him. Now, Watson was in cus-
tody; it appeared by the return that he had been indicted for
high treason — that showed that proceedings were depending
against him ; he ought to have been lawfully tried on the
charge, and according to the habeas corpus act itself, and the
two cases quoted, he could not therefore be entitled to his
discharge; but, looking to this return, he believed their lord-
ships would see no objection whatever, and they would be
of opinion that this was an act of the colonial Legislature of
Upper Canada which they had power to pass ; that under that
act the lieutenant governor was empowered to grant a pardon
upon condition of transportation to Van Dieman's Land;
that according to that act, this amounted to a sentence of
transportation to Van Dieman's Land, and might lawfully be

HiMMIUHHMMMWte.

BNOLAND AMD VAN DIEMAN^S LAND.

181

carried into effect. If so, they would also be of opinion that
all which was necessary to carry that sentence into effect be-
came legal ; that it was lawful to send him from Upper to
Lower Canada, from Lower Canada to Liverpool, and to de-
tain him there till the means were provided, with all possi-
ble expedition, for conveying him to Van Dieman's Land.
He had now done, having discharged, but he hoped not in
any respect exceeded, his duty. He had heard with great
satisfaction their lordships' judgment with respect to the va-
lidity of the writ, but he must deprecate any decision pro-
nouncing these proceedings irregular and illegal. He knew
their lordships would come, if compelled, to such a conclu-
sion with the utmost possible reluctance, because the most
frightful consequences might be anticipated to ensue from
any such decision ; but he believed they would without diffi-
culty decide that ail these proceedings were legal ; that the
prisoner was lawfully in custody, and might lawfully be sent
to the place of his destination, where he earnestly hoped the
prisoner, on reflection, would sincerely regret the part he
had taken in the rebellion, and where he was sure there
would be the utmost possible disposition to extend to him
every degree of lenity which the safety of the state permit-
ted.

The other counsel for the Crown addressed the court in
turn, but their arguments, being a repetition in part of the
Attorney General's, are omitted.

Lord Denman, after consulting vith the other judges, said
they were considering whether Mr. Hill would reply on this
case or generally, when the other return was discussed.

Mr. Hill said, probably the court would give him till to-
morrow to consider.

Lord Denman. — Several of the topics are of a general
kind.

Mr. Hill said, that upon another case being moved, his
arguments would in effect be a reply to what had been ad-
vanced on the other side, and it therefore occurred to him
that probably that would be a better way.

182

NOTES OF AN EXILE, ON CANADA,

;

Lord Denman said it struck the Court that it would be
more convenient to hear the arguments in that form.

The Attorney General said, that on the return it did not
appear that the second section of the provincial act had been
introduced ; he had imagined it had been, and he therefore
now begged permission to have it included in the return.

Mr. Hill remarked that if his learned friend would include
all the documents, he would at once consent.

The Attorney General was not asking the consent of the
counsel on the part of the prisoners ; he merely asked that
he might be allowed to set out the whole of this particular
provincial act, of which a part only now appeared on the
return. At present the preamble and the second return were
not set out. There could be no doubt their lordships had
power to permit this to be done. There could be no injus-
tice to the prisoners if this was allowed.

Lord Denman. — You object, Mr. Hill, do youT

Mr. Hill replied in the affirmative. He had not had an
opportunity of looking into the power of the court in reply
to his friend's application ; but assuming the court had that
power, of which they would feel quite confident before they
exercised it, he should oppose the application and put it to
the discretion of the court. He apprehended there could not
be a worse example than that a return which ought to be full
and complete in the first instance, should be modified so as to
suit the exigency of the argument. His friend had said they
could not complain of the documents being set out fully.
So far from complaining of that, he would say this, that if
his friend would put the warrant in the return — if he would
undertake to put all the documents on the return, on the
part of the prisoners, he would concede to its being done ;
but he hoped his friend would not be allowed to alter
the return with regard to one document, and to refuse that
which he could not but conceive was common jlistice. His
friends had spoken of an indictment — let them set that forth;
they had spoken of a pardon — they had set forth a portion
of that pardon — would they set forth the whole of it 1 —
Would they set forth the petition of the prisoner 1 Would

EMGLAND AMD VAN DIEMAN^S LAND.

183

they set forth the assent of the prisoner ? Would they set
forth the mode by which the Queen had signified her plea-
sure to the jailer of Liverpool that he should receive the;se
persons 1 If his friends would set forth these documents, he
should consider himself justified in Consenting to the altera-
tion ; but when he found his friend acting upon a system oi
garbling documents, but now trying to set forth the whole ot
some one document, he trusted their lordships would not
exercise their power for any such purpose.

Mr. Roebuck hoped their lordships would allow him to
add a ftlw words. His friend, the Attorney General, was
here in his great public capacity, and he was sure in the dis-
charge of that function no one would wish he should act
upon an opinion which he knew to be grounded upon imper-
fect law. The Attorney General had made an application to
put in his return certain documents which he had found
necessary. His friend had learned what was the real nature
of transportation in Canada, and he had the means at thi?
moment of satisfying the court as to the law upon the sub-
ject. If he wished to set forth one law — namely, the 1st ot
Victoria, would he set forth the 7th of William IV,, by
which their lordships would be made cognizant of the mode
of proceeding in cases of transportation in Upper Canada.
His friend was standing there as a great public officer in the
discharge of a great public duty, and it was in that charac-
ter he addressed him, and he would ask him why he did not
make the court cognizant of the whole law of the case ? —
Wishing their lordships well, and wishing justice well, he
must wish they should give a fair decision ; they could not
do so unless his friend put them in possession of the law,
and if he administered justice fairly he would do so.

Lord Denman then addressed the Attorney General. He
applied to have one act set forth in full. Mr. Roebuck said
another act was important to be considered. The court
could not tell what that was, but if it could be in any way
material, if it had reference at all to the later act, it seemed
reasonable that that should appear as well as the other. It
was desirable the court should have the fullest information

184

NOTES OP AN EXILE, ON CANADA,

they could possibly obtain, and more particularly when the
court could not help knowing that the uocuments were acces-
sible.

The Attorney General was not aware of any act that
would give information*.

Lord Denman said, any thing that might throw light upon
the state of the law with reference to transportation in Upper
Canada.

The Attorney General had no doubt there were many acts
of the colonial Legislature respecting transportation, but he
was not aware whether they had relation to the act fh ques-
tion. He had prayed that the whole of this act of Parlia-
ment might be set forth in the return. He had imagined that
it had originally been stated ; he found only a part had been
given ; he was content with that, but he thought the whole
had better appear. He did not wish to claim any thing as a
matter of right, but he apprehended that before a return was
filed the person who made it might amend it.

Lord Denman said the first thing in this court was the filing
of the return, and that must be done before any discussion
could take place upon it.

The Attorney General was willing to bow to the discretion
of the court, and he would not ask any thing as a matter of
right which the court in its discretion should not think reason-
able.

Lord Denman said the court thought it reasonable that
these two acts of Parliament should be set forth on the return.

Mr. Hill said their lordships would not understand him as
withdrawing his objection; he was asking that all the docu-
ments should be introduced.

Lord Denman. — We are clear these pre documents which
exist, and we think it reasonable we should see all that can
possibly bear on the subject. With regard to the others, we
don't know that they can be produced, and we don't know the
bearing of them.

Mr. Hill said they had one of them present then.

Lord Denman thought the acts of Parliament ought to be
introduced; but the court would not impose any terms as to
the other documents.

EMOLAMD AND VAN DIEMAN's LAND.

185

The Attorney General would, then, at once consent that the
two acts of Parliament should bo introduced in the return.

Lord Dcnmon. — Wo w^ take the return as being so amend-
ed.

CHAPTER XVI.

Arguments ContinueJ. — Judgment by Lord Denmnn.— ProreedingR againtt tlio Jilt-
er for making a Falsa Ueiurn. — The Cuurt of Exchequer.— JuJjment, iVc.

Mr. Hill proposed to read the return to the writ issued by
Randall Wixon, and he would wish the olficer of the court to
read so much of the return as would give the date of the in-
indictment, and the condition of the pardon. From this it
appeared that the indictment was for hiixh treason, and was
dated the 8th of March last; and that before his arraignment
the prisoner Wixon petitioned the lieutenant governor, con-
fessing his guilt, and praying that pardon might be extended
to him on such conditions as the lieutenant governor should
think fit; and that the lieutenant governor had consented that
jnercy should be extended to him on condition that he should
be transported to a ponal colony at Van Dieman's Land for
fourteen years, to commence from the date of his arrival at
the colony.

Mr. Hill then proceeded to Uddress the court. It now be-
came his duty to move, upon reading the return, that the
prisoner, Randall Wixon, should be discharged. What he
should address to their lordships upon this case would be in
part a reply to the observations of his learned friends upon
tlie case of Leonard Watson, with such other matters as arose
from the difference of the two cases of Leonard Watson and
Randall Wixon, the return to whose writ had then been read.
It must always be matter of pain to him when the mode in
which he had been compelled to conduct his case was painful
to the feelings of any of his learned friends who were oppos-

186

NOTES OF AN EXILE, ON CANADA,

ed to him, and this was more so when, after a very careful
consideration of every word that had fallen from him in ad-
dressing their lordships, he could #ot feel himself permitted
to retract any one observation which ho then and now tiiought
it his duty to make. He could not see what possible object
had been attained, except that of not husbanding the time of
the court, by the preliminary objection which had been made
by his learned friends. II is friends had told their lordships
that the authorities upon the point laid bolbrc thorn were
contradictory. For eighty years tiiere had been nothing
like a contradiction, nothing like the slightest interference
with the point, and he bogged before he left this topic, as he
trusted forever, to state that his friends had been led into
«an inaccuracy when they said that in 1758 it was only a
majority of the judges who were of opinion that the law as
it then stood empowered tiiem to grant writs at common law
in vacation. On the contrary, all the judges had been unani-
mous; but there was a ditference on another point, which was
this: whether that had always been the law ? Upon that there
was difference of opinion, but that it was the law in 1758 that
a judge could grant the writ .in vacation, was the unanimous
opinion of all the judges present. Mr. Justice Foster was
strongly of that opinion, though then absent, and Lord Mans-
field had given his opinion in the House of Lords. It was
quoted by Lord Hardwicke, and the House of Lords acted
upon it by throwing out the bill then proposed as being ne-
cessary to the justice of the case. In answer to some obser-
vations that had fallen from him upon tiie monstrous hard-
ship of supposing against these prisoners that it was only
necessary for somebody who happened to have the custody
of them, whoever he might be, and what he might be — he
might be the most infamous of men, he might be a beggar, a
person to whom it might be a mockery to suppose there could
be any remedy against him by bringing an action for false
imprisonment — yet his friend said he had got rid of this hard-
ship by calmly teljing him that this man now on his way to a
penal colony for life, might bring his action against Bacheldor
for false imprisonment. This Mr, Bacheldor might be a most

miMmmmatimmmmmm

ENGLAND AND VAN DIEMAN's LAND.

187

lor

)St

respectable man, he knew nothing against him nor of him;
but the rule would be the same if he had been a person whom
nobody would believe upon his oath, or convicted of perjury,
or the most infamous of mankind. Tliis was no remedy at
all. He spoke not his own opinion — ho would use the em-
phatic language of Judge Foster, if he .ould recollect it, as a
ground upon which he believed there must be some means of
bringing the whole facts of the case before the court, and
enabling the court to judge, not on unauthorized statements,
for which the parties were not responsible, but upon evidence
to be given upon oath, upon which their lordships could judge.
The penal consequences to the prisoners were sutiiciently
high, that he need not aggravate their case; but supposing this
power in the colony had not sent the parties here to be trans-
ported, but had sent them here to be executed — supposing
these men were sitting here under the circumstances upon
which two men did sit there two vcars asfo — he meant Garude
and his companion, who were sent there for execution from
Chester — supposing their lordships were called upon to pro-
nounce a rule consigning,»these men upon some such law from
the colony for execution — he would ask if it would be possible
their lordships could sit there and pronounce a rule for the
execution of these men upon that unauthorized statement of
a person who was only the prison keeper of these men — right
or wrong, only to be learned from that man's statement him-
self, of matters of which he could not be cognizant — of mat-
ters upon which he must necessarily be ignorant; the legal
consequences were the same, though less appalling than the
case he had referred to.

The Attorney General would asw his friend if he was not
traveling out of the return 1

Mr. Hill did not know why his friend asked that question.
He had not traveled out of the four corners of the return: he
was using such arguments as occurred to him to show how
important it was that with the little light his friend had let into
the case their lordships would look at the return with the
strictest scrutiny, and judge of it on the strictest legal princi-
ple. His friend said there was no hardship because in exile

188

NOTES OP AN EXILE, ON CANADA,

iv'

^v.

tliey might have an action for false imprisonment! — some of
them he said were convicted of high treason ; if so, would his
friend tell him how they could maintain an action] Others,
his friend said, were in a state equivalent to their being con-
victed. These were not private communications, they were
given under the direction of the court. If then some of these
men had been convicted, and all were to be held in a state
equivalent to that of a conviction, let his friend tell him how
he was to maintain an action. But as he had said the man
against whom the action was to be brought might be a beg-
gar, as Foster had said, not worth a groat, and he might die
and there nevei might be a mode of joining issue. There
could not be so cruel a mockery, or which more excited feel-
ings of indignation, as to be told you might take a remedy,
which when you examined it was an illusion; better say at
once, "You must submit to the arm of power, don't seek to
better your condition, patience is your only remedy;" better
say this than to state that which is only to excite their hopes,
and then cruelly to disappoint them. He was a good deal
mistaken to find from his friend that, he had been utterly mis-
taken in supposing the statute of the 5th of George IV., had
any bearing as far as it was an enactment on this case. He
did not find the slightest reference to such objection in the
communication of his friend.

The Attorney General would wish, if his friend were about
to make use of any papers which had been exchanged be-
tween them, that they should be read.

Mr. Hill would read them instantly, as well as his friend's
answers. The objections which he had furnished were these:

First. — There has been no conviction.

Answer. — There either is a conviction, or that which is
equivalent to a conviction.

Second. — There is no judgment to wan'ant transportation.

Answer. — Same as conviction.

Third. — That the governor had no legal power to award
transportation.

Answer. — The governor had legal power to make transpor-
tation the condition of a pardon.

ENGLAND AND VAN DIEMAN S LAND.

189

mis-
had
He
the

Fourth. — That the transportation had not been legally con-
ducted.

Answer. — It was legally conducted.

Fifth. — The jailer had no warrant to authorize him to re-
ceive or detain the prisoners.

Answer. — No warrant was necessary.

Sixth. — That various documents were not set out with suf-
ficient particularity.

Answer. — That they were set out with sufficient particu-
larity.

Seventh. — That the averments contained in the return
were unsupported, and were bad from generality and vague-
ness.

Answer. — That they were recited, and were sufficient.

And his learned friend had added that he contended with
respect to the nine persons, that they were liable to be trans-
ported according to the terms of the condition of their pardon,
and with respect to the three persons, they were liable to
transportation under the commutation. His learned friend
said that as an enactment the 5th George IV. was immaterial
to this question, and therefore the restriction in the 5th of
George IV. to the reception of convicts had nothing to do with
these cases; that the 5th of George IV. was very material to
his friend's case, because if he understood his friend, and the
argument was very ingenious, he said that the recital in the
preamble of the 17th section was a legislative recognition of
the validity of laws which were thus described: "Whereas,
by the laws now in force in some parts of her Majesty's do-
minions, not within the United Kingdom, offenders convicted
of certain offijnses were liable to be punished by transporta-
tion, and other convicts were adjudged to suffer death who
might receive pardon on condition of transportation, and there
are no means of transporting such convicts to such places
without bringing them first to England, be it therefore enact-
ed," &c. His friend's use of the statute began and ended
with this recital. Now, first let him observe that there was
nothing so weak, so false of the facts, as a mere recital in an
act of Parliament. It was every day's knowledge that these

190

NOTES OF AN EXILE, ON CANADA,

facts were unfounded. A case was lately before Mr. Justice
Coleridge in which it was quite clear that a most important
fact upon which a large claim depended — he alluded to the
case of the fiaron De Bode — had been omitted entirely in
the recital of the act of Parliament, and therefore when his
friend said this recital was to be evidence, nay more, proof
of the fact, for if it was a fact that there were such foreign
laws, he would say it was the worst of all means of proving
it. But his friend's argument was not complete there, be-
cause it might be that the colonies had power to make these
laws, not propria vigore^ but by virtue of some power con-
ferred upon them by the imperial Parliament; but then it
went on to say they had examined the statutes so carefully,
that they could take upon themselves to say that there was
no statute giving that power, and therefore it necessarily
followed that the power must have been an inherent power
in such legislative assembly. Although, in the first place,
his friends had assumed that the power which they said was
recognized as a power to transport from the colonies, it was
not ad fines, but intra fines, of some other jurisdiction. That
was their assumption — not that it was a power to transport
out of the colony, and so far from the colony as the prisoners
might be taken without going into another country, over
which the colony had no control ; but they assumed that the
power which they thus assumed was recognized as a power
to go into that country. In the first place, what was there
in the recital that they relied upon for proving that proposi-
tion 1 The words were simply these — that whereas, by laws
now in force, offenders were liable to be transported beyond
the seas, &c.; therefore the fact failed, but not only the fact
but the law failed. They were calling upon the court to
suppose that which he would submit was a legal absurdity.
How could there be a law in Lower Canada enabling the
governor of Lower Canada to thrust his convicts upon any
other colony — ^Bermuda, for instance? But how had the
governor of Lower Canada a right to inflict his convicts upon
Bermuda? Had he a right to bring persons to Bermuda, and
hold them in that species of restrain which was part of the

ENGLAND AND VAN DIEMAN'S LAND.

191

punishment of transportation'? He apprehended it to be a
principle of the general law — a general principle to be found
in the codes of all civilized laws^ which was, that no man
could be held in restraint in any country but by virtue of the
laws of that country in which the offense was committed,
and in which he was convicted. Did his friend mean to say
that on the 5th of George < IV. (because, if that was any
recognition, it recognized the state of the antecedent law) —
did his friend mean to say that by that antecedent law the
colony might have sent convicts to England under sentence,
in order that it might be decided how they should be dealt
with? Supposing that by the law of Upper Canada the con-
victs were to work in chains in the open streets, was it
meant to be said that the governor of Upper Canada could
have inflicted those convicts upon us in London, and worked
them in chains in our streets'? His friend might conceire
there was some law to send them away, but he (Mr. Hill)
would go further, and say that it required a positive law that
he should be held and detained in the countries through
which he might pass. All the cases put by his learned friend
Sir F. Pollock were to be considered as having no founda-
tion. His friend had said, if a ship containing convicts were
to put into our waters by stress of weather, would those
convicts have a right to a habeas corpus? He would say they
would have that right, unless by treaties between the coun-
tries there were limits put to that power. There was a case
in point: sometime ago there was a vessel wrecked with con-
victs off Boulogne, and many of the convicts were saved, but
he had never heard that any of these convicts had been sent
back to England, or had been detained. Their lordships
had asked a question to which he had not heard his friends
give any answer. If that were a part of the law of nations,
their lordships asked what we were to do with a prisoner of
the inquisition, or with a persecuted protestant? Was it a
breach of the law of nations when we received the persecuted
protestants of Louis XIV.'? If it were, he hoped we might
break such a law of nations every day in the year, and every
century; but there was no such law; the whole law of chris.

192

NOTES OF ^N EXILE, ON CANADA,

1^
[ i-'

! o

■ t

tianity had 'been against it. One country was a' refuge for
exiles of another, without a breach of the law of nations.
Did ever the Emperr of Russia, despot as he was, pretend to
say we were guilty of a breach of the law of nations in giv-
ing a refuge to the Poles, who were convicted or stood in
a similar situation to those whom the Captain Ross had
brought here? Transportation was not banishment. One
country had a right to banisl^ its subject ; either setting him
free on the confines of his own country, or taking him to the
confines of another country. What his friends were contend-
ing for here, was the existence of an inherent power in the
provincial legislature, to enact a law which should be bind-
ing out of the province, and justify the detention and penal
punishment of an offender in foreign parts of the British do-
minions. It struck him when his friend was arguing this
question, that he forgot that great controversy on this point
which took place in Parliament last session. His friend (the
Attorney General) took a prominent part, as he was bound,
in that very discussion, and was of opinion, as were nearly
all the members in both Houses of Parliament, that transpor-
tation from Lower Canada to Bermuda under Lord Durham's
ordinance was illegal. How did this case differ from that?
And yet Parliament found it necessary to indemnify all who
acted under that ordinance. A similar act of indemnity
might with equal propriety be passed in this case. He
thought that a reply to his learned friend's objection. His
first objection was that there was no conviction or judgment
against the prisoner; next, that the statute referred to did not
justify transportation. That statute was now before the
court, and would receive their lordship's most deliberate at-
tention. Hd was speaking under some disadvantage as he
had not been able to obtain a copy of it, but he must under
the circumstances, do the best he could. Their lordships
would see that the first part of it was imperative, that the
penalty was a very great one, a very heavy one, being in
fact a forfeiture of all the person's property real and person-
al. Moreover, the prisoner's punishment was to commence
at an uncertain period in future, viz., the time of his arrival

EN GLAND AND VAN DIBMAN 8 LAND.

193

in Van Dieman's Land. Had his punishment any reference
to his guihl No; but to be determined by the accident of the
wind and waves; by the necessity or non-necessity of his
coming to England. This was a punishment unknown to
law, a punishment unknown to the laws of every civilized
country, irreconcilable with every principle, not merely of
humanity but of justice.

His next great point was this: that, supposing the tram-
portation well begun, in its inception good, and to have been
authorized to the extent of Sir George Arthur's warrant.,
yet this point of immense importance to the liberty of the
subject arose, was his warrant good beyond Upper Canada,
or did it expire in Lower Canada] There had been a trans-
fer of authority in this case ; nay, transfer it was not, for
it was the expiration or fulfillment of all authority in Go-
vernor Arthur, and an assumption of authority over the
prisoner by Governor Colborne. Then again the prisoner's
course of transit was changed entirely by Governor Colborne,
and he is sent to England upon an alleged necessity; a neces-
sity so alleged by the jailer of Liverpool. A most important
principle arose in this. Our law is so strict, as to dealing with
one man by another, that it is a principle of our law that if a
person is executed by any other person than the sherif, he is
considered as a murdered man, and the person who performed
it as a murderer, and may be hanged as such. Could he give a
stronger instance to show that it was not because a man was
criminal that any person has a right to transport him. Could
a person in Lower Canada, who found this man, assume the
responsibility of sending him to Van Dieman's Land? On
these points his learned friend had given no answer. It did
not appear that her Majesty had given any directions, or
signified her pleasure with regard to the prisoner. The man
had come to England, and Mr. Morton, the private master
of the private vessel, elects to go to Liverpool, and also
elects to put the prisoner under the custody of the jailer
there. If Morton had the power of detaining him, could b«
not have handed him over to any person] It amounted to
this, that a person was selected at the caprice of a private

irOTCS OF AN EXiLZ, Otr OANAbX)

master, who had been met with by hap.hazard, who vras t#
detain the prisoner, though authorized by no document at
all. Suppose these men had gon6 through Nova Scotia, and
there tiprisen and overpowered the master, would they have
been guilty of tauifder'? He boldly asked his learned friend
that question, and if he ttnswered in the afHrmative, he
wished to know on what authorityT He asserted that they
would have been perfectly justified in obtaining their lib-
erty by physical force, and England for that purpose wa*
the same as Nova Scotia. They wer^ held by a person
who had committed lan act of Violence in detaininsr them at
all, who had no ailthority, ft self-elf'cted keeper of them,
and upon whose statement their lordships were asked to
send them ifttO elxile for life. Their lordships were called
on to form a most solemn precedent, which, by and by,
might render the habeas corpus useless to the subject. But
AVhat would they do for liberty if this writ of right came to
this,— ^that arty man bold enough to put upon a return to
the writ that he was convicted somewhere a long distance
off, and was on his way to Van Dieman's Land, and that he
held him safely until a vessel was prepared for that purposel
Any person so dealing might insure to another transporta-
tion for life. His learned frrend 'said this was no hardships
that the person might bring his action ; but perhaps the man
Who wronged him might leave the country. With these
observations he should conclude by moving that the priso--
ner, Randall Wixon, and indeed all whose returns were the
s^me, be discharged.

Mr. Roebuck, in offering a few remarks \ipOn the present
case, wished to remove from their lordsb'p's minds an impres-
sion which possibly might have been created of the merciful-
ness of this procceeding. In all the law books he had not
found any description of judgment like the one by which the
prisoners had been subjected to detention, except in 2 Insti^
tuteSf and Lord Coke uses this remarkable expression respect-
iftg it— he says: "A philosophical poet of antiquity had nobly
described the damnable and damned proceedings of the judg*
4h Hell,-^

IMOLAND AND VAN DIBMAN's LAITD.

'Gnottiu* Iiae RaHamanlhus hab«t HuriMima refn»;
CMtigatque, auditque dolot, lubigiviue fatcci,'

4nd also, —

• — fixit leges pr^lis Bfqtie rrfixit: *

first he punishcih.thcfn he hcarcth, and lastly, he compellefli
to confess, making and marring laws at his pleasure, whidh
all good judges must abhor." This was the only authority
which he (Mr. Roebuck) could find apjiilicable to the prcseikt
case. The return, first of all, set forth as a justification 6f
the detention of the prisoners an illegal act done in Canada.
It was provided, by an act df Uj)per Canada, that the gover-
nor might commute the sentence of death passed upon any
person convicted of any capital crime other than high treason
or murder. The governor cotild not, however, pardon fOr
high treason or murder in any case, unless 'he had special in-
structions from home to do so, and in the present case he haid
no such instYuctions. The astuteness of" the Upper Canadian
lawyers, in framing the act 6f 1 Victoria with the view of
obviating this difficulty, Was only one-eyed. Again, this aCt
,gave the governor power to pardon before trial; but was it
' to be inferred as a necessary consequence that the trial was
to be done away with? Supposing tlie act'to have run thus:
lliat on petition and on coi'ifcssion of guHt,' parties might be
sentenced to such punislimcnt as the governor might deem fit,
and that such sentence Ghoukl have the ciTcet of a conviction;
the Attorney General would then have been relieved from a
great deal of difficulty; but did their 'lordships believe that
any persons would have petitioned under such an act, though
tliey might under an act the provisions of which to the vulgar
seemed one thing, while to the astute lawyer they signified
another? He maintained that there was nothing in this act
•which dispensed with the trial of the prisoners, and had they
been arraigned before a coui't df law, they might have plead-
ed their pardon of which then there would have been a public
record He contended that the condition in the present case
was illegal. It was illegal for the prisoners "to receive punishr
ment by contract and without trial. — He passed now to ai»-
Aothar objection, which tvas that for "transportation o»X of

196

HOTM OP AM EXILE, ON CANADA,

Upper Canada, extra Jines, there must be two concurrent
jurisdictions; and this argument applied just as well to the
imperial Parliament as to the colonial Parliament. He assert-
ed that the Legislature of Upper Canada could not direct any
persons to be sent to Van Dieman's Land, a place assigned for
the reception of convicts, except such as the law of England
permitted to be so transported, and that law never by possibil-
ity contemplated that persons should be transported without
being convicted. He did not mean to say that the Parliament
would not have passed any provision, however outrageous,
but, luckily for the prisoners, such a provision as, was needed
to justify their detention, had never been passed. The Cana-
dian law had wisely provided that parties convicted before
a judge should be attended by a judge's warrant; because
under the British law it was clear they could not be carried
to Van Dieman's Land without evidence of their conviction.
Where was the judge's warrant in this caset It was not to
be found, for the proceeding was not judicial but entirely ex-
ecutive. These were the reasons on which he asked their
lordships to discharge the prisoners. He would not, as per-
haps he might do, and as ulterior proceedings might compel
them to do, revert on the present occasion to the exceedingly
imperfect nature of the evidence. He would not state, how-
ever true the statement might be, that the prisoners had never
petitioned. Their lordships had not sufficient evidence of the
facts on which these prisoners were to be deprived of their
liberty for life; and he had no doubt that their lordships, in
the due administration of justice, would give his learned friend
and himself an opportunity, before it should be too late, of
showing the falsity of the* return.

The Attorney General said with respect to his own conduct
he hoped that stood in no need of vindication; and he had no
hesitation in avowing that (having every reason to believe
that the prisoners had been guilty of high treason in Upper
Canada, by engaging in a traitorous conspiracy and rebellion
to detach that province from the Crown, and had been merci-
fully dealt with) he should do every thing in his power to
prerent thdm from escaping with impunity, and to procure

eifOLAIlD AMD VAN DIEMAN^S LAHB.

the execution of the sentence which had been pronounced om
them. The interests of this country imperatively required
that they should not escape with impunity, and he would dis-
charge to the best of liis ability his duty to the Crown and to
the public. He maintained that the act of Ist Victoria was
framed in the pure spirit of mercy, because it only gave those ,
against whom the charge was brouglit cither to stand a trial
before a regular tribunal of the country at the peril of their
lives, or to confess their guilt and throw themselves on the
mercy of the crown. There was no compulsion, no forced
confession; it was tlie voluntary spontaneous act of the guilty
men. There was not the smallest pretence for the assertion
of his learned friends, that the governor of Upper Canada had
no power to grant pardon for high treason. In tl^is return
which was to be taken for true, it was asserted that the Ist of
Victoria, c. 10, was duly passed, and had duly received the
assent of the governor. The act commonly called thejCana-
dian act made it lawful to commute the sentence of death for
high treason with authority from his Majesty, so that a person
■o convicted might be sentenced to transportation for life. —
Chapter 7th of the act 7th William IV. related to the trans-
portation of convicts, and clearly showed that when that act
of Parliament passed, there were laws in existence and in
force in Upper Canada, whereby persons might be lawfully
transported. The section on which his learned friend (Mr.
Roebuck) had commented, required that in the cases to which
the act applied, a judge's warrant should be granted — that an
instrument under the sign-manual of the governor should go
to the judges, and be their authority for passing the sentence
of transportation, but this bad no relation to cases under the
Ist Victoria, c. 10, which proceeded in a totally different
mode, and where, on the petition of a prisoner, after indict-
ment, instead of a trial a pardon was granted on such terms
and conditions as the governor might think proper.

It appeared from the provincial acts of Parliament, that
for a long course of years the Canadian Legislature had beem
in the habit of passing laws imposing transportation as a pun-
ishment for guilt, and what were their lordships how called

irOTB» or AN BlILI, ON OANAIHI|.

upon to doT — ^nothing short of thi9,<^^to pronounce their judg*^
ment on a return to a writ oi^ habeas corpus, that ail these acti'
were void; that every thi«i^ done under tlicm was illegal; that
oonvicts suflfcring under the sentence innpoBcd upon them by
the courts of Upper Canada, and) under any? other colonials
. law, must immediately be released; There could, be no doubt
that this practice had existed for many ycnis-^it had contin-
ued down to the present day, and their lordships wore now-
called on to say that all the courts of justice and<all the exo-
cutive officers of the Crown had been doing what was illegal,
and for which they were liable to be punished. As to the
manner in which this sentence had been pronounced, hii
learned friend had taken a distinction between this and Wat-
son's case. The condition of Watson's pardon was transpor--
tation for life, which was a punishment known to the law; but*
inasmuch as transportation for » term of years, to commence
from the arrival of the convict in the penal colony, was not'
ktiown to the law,. although Watson might be detained, Wixon,-
it was- insisted, must be discharged.' It should be observed,
however, that the period of the punishment did not constitute
theessenoeof the punishment — it was the transportation. If
there- was- a power in the Legislature to enact a law affixing a
sentence of transportation for Mo to particular crimes, there
must also be a power to transport for any period short of life;
and the calculation -might be made in any way the governor^
thought fit; it might be from a given event, from the period of
the prisoner leaving Upper Canada, or from his .arrival in Van
Dieman's Land. Without at all meaning to contend that mu-
tilation would be lawful, he maintained that any conditiooi
short of life or member would be lawful. It had been gravely
argued, that if at any stage in these proceedings any irregu-
larity or departure from the law had taken place, the deten-
tion of the prisoner was illegal, and he was entitled to his
discharge; but he contended, on the contrary, that if the sen-
tence were valid, every thing was lawful that was necessary
for the purpose of carrying it into execution; all they had te^
tee was that the sentence had been pronounced, and that what
Has done was iik execution, of. the sentence. Suppose the

INOLAITD AND VAN DIBMAN'* LAND.

190

■hip ^hich was bringing Wixon to England had been wrecked
<fa tho coast of Lancashire, and that ho with some others in
similar circumstances had been saved, while the captain was
drowned; could it be said, if notice of tho event had been
communicate I to the secretary of atatc, and orders had been
given, that uny jailer, taking these persons into custody and
detaining theni till the y - ould be sent to Van Dicman's Land,
would be anting *il<'^aUy? In that case a shipwreck would
be the revocation of their sentence, and they could go to
whatever quartor of the globe thoy pleased He maintained
that the period of their transportation not Ucing expired, ami
nothing being done but what was necessary for carrying the
sentence irUo execution, they could have no cause for com-
plaiat, and their imprisonment would be legal. In conclusion,
ho hoped their lordships would decide without difficulty ihs^t
justice should be done, and that the prisoners would suffer tlye
penalties to which by their crimes they had become liable.

After some remarks by the Solicitor General, on the same
tide, Lord Denman inquired of Mr. Hill whether it was in-
tended to bring any more case^ before the court.

Mr. Hill said his feelings ^i the present moment would be,
not to bring forward any other of these cases, as the argu-
paents which he had advanced would^ in general, apply tp
all.

Lord Denman. -T- We understood there was a distinction
in two cases, but with regard to the others, they would fol-
low ; if one was good, all were good. Some were in the
more favorable condition of having been convjicted, and not
having accepted a conditional pardon. We were consider*
ing whether it would be desirable to hear you now, unless no
other case would be brought before us.

Mr. Hill, after consulting his learned colleagues, said his
friends olearly agreed with l^im in opinion that they would
have no advantage tantamount to taking up the time of the
cou(t in having an adjournment, ^nd therefore, if their lord-
ships would allow him, he would at once make a few ob-
tervations in reply.

^^ was Rure that at that l%te hou; he 9hould not be ym*

200

NOTES O^ AH VXn.E> ON CANADA,

pected of abandoning any of his arguments because he did
not repeat them, or retiring from any ground which he had
previously taken. He said that these men were not kept by
any power which had force in £ngland, and that if he should
consider, for the sake of argument, that thoy were well dealt
with up to the very moment of coming within the power of
the law of England, that while they were within that law
they were of necessity within the ambit of the law of Eng-
land and out of the power of the jurisdiction which sent them
there, and therefore they were not free. The next point upoh
which his friends had dwelt was the validity of this — what
could he call it? — not conviction; sentence he could not call it
— the validity of this nondescript power and exercise of power
by which the transportation had begun. It had been thrown
out by his friend the Solicitor General, that the King by his
prerogative could commute the punishment of treason to
transportation, the prisoner consenting. There was no foun-
dation for such an opinion. It was distinctly laid down that
at common law no man, whether guilty or not guilty, lelon or
not felon, could be sent out of the kingdom as a transported
person. Mr. Chitty, in his book, had stated many authorities
for this statement ; transportation or exile was generally re-
garded as next to death in the scale of punishments, though
it might scarcely amount to punishment at all in the estima-
tion of those who endured it. It was unknown as a penalty
to the common law of England, and it was expressly provided
by Magna Charta that no freeman should be banished but
by his peers and the law of the land, and it was contrary to
common law and to Magna Charta to say that the King had
the power without the consent of the prisoner, to change his
punishment from death to transportation. i3ut this consent,
which otherwise might be created at any time, was made
effectual by having the conviction and judgment to which
to recur if the criminal did not fulfill the conditions of his
pardon, and the prisoner would go to his exile because he
knew the punishment of death was still hanging over him,
and if he did not act with good faith, that punishment of
death would be executed upon the judgment. But suppos*

ENOLAMD AND VAN DIRMAN^fl LAND.

801

ing it to be granted that the King might commute, indcpen-
dent of the consent of the prisoner, the punishment of trans-
portation for the punishment of doalh in treason, he would
lay that the governor of Upper Canada was not the King.
ft was matter of notoriety, that in all patents the power
of pardoning fgr treason and murder was excluded, but h«
would submit that their lordships must see the power before
they could know whether the governor had this power or
not ; their lordships w'cre not to presume it. This was all
that was necessary for him to say upon this point. With
regard to the question of the necessity of a wnrrant, he must
make a few observations. His friends had been obliged to us«
inconsistent arguments, because the facts on the return were
inconsistent. He had been ask<Hl who could grant a warrant
in this country] He had never sugges'i.'d that anybody could,
and this was a difficulty uj>on his friends, because they were
referring to the warrant of Sir J. Colborne. If Sir John Col"
borne, who stood in the same relation to Upper Canada as Eng-
land did to Upper Canada, that of a distant jurisdiction — if in
Lower Canada, it was necessary to move these men about by
warrant, then it was necessary in England. If it was not ne-
cssary to have a warrant in Lower Canada, they were in thif
itate of things^ whereas Governor Arthur only gave power to
take them to the confines of his jurisdiction, then any person
might have taken them to^yards their destination, and then
conveyed them from hand to hand by unauthorized persons,
until through a chain of various links they had found them-
■elves landed in Van Dieman's Land. Was there ever such a
monstrous proposition broached? Either there must be a war-
rant, or that was the state of things to which they were reduc-
ed. If Governor Arthur had the power to transport at all, why
should there not have been a warrant traveling with the pri-
soners from first to last, to show the reason why they were
detained in custody! His friend the Attorney General had
said there was no reason for such a warrant, and he founded
his authority on a case which he had cited — that of <* the
King V. Clerk." His friend had said this was a commitment
in execution. It was a commitment by the Court of Alder-

t02

NOTE! OP Air EXILE, ON OAirADA>

that. Clerk should take upon himself the ofBce of Mer*^
man. The court had said the comnvitment was made in open
eourt by the court to its officer, and therefore it would be
sbsusd to say that the warr«int must be set forth. All th«
<lfficeF had to^say; was^ that he was comjnitted upan such a
judgment. Buir tliic court had said,, if he wfis in any other
person ^s hands than their officer, there nwist be- a warrant,
tnd w^here there was a warrant,, that warrant must be set out
iihhac verbtty otherwise it was ini the power of the jailer to
make his case better or worse- at his pleasure. There ought
to be a warrant here; if not,, where was the connexion be-
tween the governor of Upper Canada and the jailer of Liver-
pooH How did they know each other 7 His friend had
kad recourse to this extraordin-ary proposition, that it would
be inconvenient^ for if the ship was wrecked, and the war-
want lost, t-he prisoner might go at large. This was a new
doctrine ; the principle oX inconvenience was not to bs
thought of as regarded the right of a man to his liberty. —
Let him put an opposite inconvenience ; he woukl suppose
^at the master of a vessel was tyranical, and chose to punish
one of his men ; he put him in- irons, delivered him to. a jailer,
and he told him that he was a m.an convicted in some colony.-,
and that he had been directed to tak€ him toi that country,
and he accordingly left him in th« hands, of that jailer,, and
sailed away — it would be impossible to prevent that man
going to Van Dieman's Land if his friend's doctrine was cor-
rect. Then there was the case of Barne, which his friend
had quoted ; but he (Mr. Hill) could not see how that was
against him ; the court said then that they found a judgment
of the court ; but here the ease was diflferent, there was no
judgment of any court. It was an act of the governor, and
not a proceeding of any court;- it was an act of power, and
not an act of law or justiee as distinguished from power^
In Stiddis's case all the judges spoke of it as a judgment.
His friends said their lordships would not require everything
to be set out, but they were then speaking of everything^ an-r
terior to the judgment. The judgment was conclusive evi-^
4encej| except in a court of error,^ that everything antetior t^

ENGLAND AND TAN. DIEMAN'Si ftANS.

2e»

the judgment was correct-. There^had baen no judicial vie v
upon this at alli In the eoai«iattie« o( nations one nation
gaye effect to the jtiidgnuent of the courbef another, because
there had been a judicial ex-araination andttial, and becauss
the judicial mind had operated upon it. There the presump-
tion was in favor of the prisoners. His friend had said h«
hoped. this country would always be a refoge foE wrongfully
persecuted men ; but his friend waa-no^narrowiag that doc-
trine simply to foreigners y he would exelude his own coun-
trymen from the benefit of. it«. If, said the leatned counsel,
you come from France or Spain-^if you spoke no-, language
which was understood — if you are at foreigner,, the English
law. is open to y.our protection?— England is a citadel which
no despot can approach ; but if y,ou,have^ the misfortune to be
a native of this country,.all tjhe assistance and protection are
withheld from you — all presumpjtions are to be made against

you — your counsel are

told,, when

arguing your case, that

they are compelled tovkeep within the return, and the judgei
are continually asked to make enquiide^ out of it— ^documents
are withheld,.. but when practically, setiOU,t, and it appears to
the counsel for tjie Crown movn aduantag^eous that they
diould be fully set forth,. a request is.,m.ade that it should be
permitted. Buit,. my lords, it is. constitutional that I should
be allowed to^ address youf liocdshaps for these men, and
whatever the- event of the inquiry may be, my lords, on their
behalf and oa my own and my friend's, behalf, I tender your
liordships our thanks for the-^ patient investigation which you
have given. to» this important case.

Lord Dfenman having consulted the other judges,, said —
We think: it. right to. give some consideration to this- very im-
portant subject,, and we should, wish l^ese persons to be
brought up. again o<i Monday next.

On Monday,, as soon as the eourl was opened, Lord Den-
nan pronounced judgment on the validity of the return^
whifh his I jrdship. stated^ in substance, afhrmed that an in-
Eurrection> had taken plaoe in Upper Canada, and been 8Up->
pressed' in- the course of last year ; that the Legislature there^
kad authorized a par ion to be granted by the governor tft

S04

VOTES OF AN EXILE, OK CANADA,

tach persons as before arraignment should confess their guilt,
and should petition for pardon, on conditions which to tht
governor might seem fit. The return further averred that
the prisoner, Randall Wixon, was, in pursuance of that
authority, pardoned on condition of being transported to
Van Dieman's Land ; that in execution of that condition h«
had been carried to Quebec, and that for want of the means
of transporting him thence to his place of destination, hs
had been brought to England, and kept in the jail at Liver-
pool by way of security until a convenient opportunity
should offer of transporting him to Van Dieman's Land.
Some general observations must here be made. The return
must necessarily be received as tru?, with regard to all the
particulars which appear on it in its present state, in which
alone it was to be examined. The court was sitting on it at
on a general demurrer, or as oh a writ of error on the judg-
ment of some other court. The difficult question which
might arise touching the enforcement of foreign laws in Eng-
land, was excluded from the consideration of the present
case, because the province of Upper Canada was neither a
foreign state nor a province independent of this country in
its legislation. There were existing in that country no mala
prohihita which had been the ground of any arbitrary enact-
ment, and the relation of master and slave was not recog-
nized ; but an act of Parliament had declared that the law of
England, and none other, should prevail there. Conse-
quently the court could take judicial notice of their legal
proceedings, could understand the language in which they
^ere couched, and ought to make every reasonable conclu-
lion in favor of their validity. The legislative act under
which the pardon had been granted wa« said to be void ott
account of two inherent vices — first, that by the law of Eng-
land no man could contract for his own imprisonment. This
dictum of Lord Hobart was founded on an old authority, and
was cited in the case of the negro James Somerset, where
this point was made out, that even if a negro sold his free-
dom, it was a bargain which the law made void ; but that
had no application to the present case, which was that of a

ENGLAND AND VAN DIEMAN 3 LAN|>.

205

man who confessed his guilt before arraignment, and that his
life was spared on condition of his binding himself to under-
go a less severe punishment. The second objection was to
the enactment that the prisoner might be pardoned on such
conditions as seemed fit ; as if that introduced a legislative
power of punishment before unheard of, and even of torture
and mutilation. But they were of opinion that these were
explicitly excluded from the enactment, unless actually ex-
pressed. Transportation, no doubt, was intended to be sub-
stituted for the other punishment, because it was mentioned
in the 2d section of the 5th of George IV., as having been
already found in force in several of the colonies, and it was
known that the substitution of that punishment for loss of
life had for many years been the actual practice in Canada.
Another objection drawn from the provisions of the act was,
that the pardon had the same effect as an attainder, inasmuch
as it caused a forfeiture of all property ; but that objection
was not much pressed, as this proceeding was in no degree
connected with the principle of attainder. Another objec-
tion was raised to the condition of the pardon, both as to the
time and place of transportation, the term being for fourteen
years from the arrival of the prisoners in Van Dieman's
Land, depending upon accident, or it might be wilful delay,
and that it was void from its uncertainty. The answer to
that was, that as transportation might be for life, a fortiori
it might be for a shorter period. It was then said that the
power to receive convicts in Van Dieman's Land ought to
appear in the letters patent granting the pardon. But that
was not necessary, for her Majesty had the power to make
that place a penal settlement for persons after their convic-
tion, and it must be presumed that all due preparation for
that purpose had been made. The return was challenged for
the want of the numerous documents from which the jailer
derived his right to detain the prisoner — the indictment for
high treason, the petition, confession, pardon and assent,
although the assent was not required by the act. They had
been told that it was their duty to have those papers before
them, and to inspect them, and not to receive accounts from

to^

VOtlfefl'tfF AN EXILE, ON dANAOTA,

% party who knew nothing about them, but to form opinioM
for themselves, and to judge whether the descriptions wert
'correct or not. For those manifold objections one answet
Would serve. The fact was stated to the court on the r*-
turn, and they were bound to receive it as true. The party
"who made this return probably never saw the documents, but
*t his peril he placed cdrifiderK'/e in the captain of the vessel
who brought the prisoners to this country, or some otheY
■person, and he was bound by the assertions which he had
^ade on their credit, and to prove felie truth -of them when
they were questioned in any proceedings.

The last bead of objection was Ihnt the*authority to trans-
mit the prisoners to the various successive custodies did nat
•ppear. The prisoners Avere charged with treason commit-
ted in Upper Canada, and on their confession a pardon wa«
•granted. It was asked., therefore, how could the go^emo^
of Lower Canada recei^^e them and transmit t%em to thi«
■country, and how could the jailer of Liverpool restrain them,
more especially as Sir John "Colborne's letters patent are
directed to such persons as are authorized to receive them,
and the jailer had no warrant. The answer lothis was, thst
•as soon as the pardon was granted 'on the p^reserttment of ^
-petition, the Crown had no right to enforce the 'conditions of
the pardon and t© take the necessary steps for that purpose.
He had sufficient authority, and no warran-t could have en-
larged it. Sir John Colborne, by his letters -ipatent, had no
more authority to remove these persons than the jailer who
now detains them ; but as it was physically impossible to em-
bark them E(t once for Van Dieman's Land from Upper Can-
ada, in every 'stage of the proceedings in which the prison-
ers were confined under the conditioTrs of the pardon by
which they had feo\ind themselves, >they were lawfully c,on-
fined. In the section before'quoted from the 5th George IV.,
c. 87, it was shown that transports from the colonies under
a commuted sentence had been habitually received in Eng-
land on their passage to a penal settlement, and the result
-was, that the person making the return was justified in aa-
«i«ting the captain -of the vessel by whom the prisoners w&re

IBNGLAVD AVD YAM OlGSf Alf's LAND.

901

^brought over, and remanding them to cari^ tb«ir ponishlnent
i^to effect. Their lordships had selected the case thvt wai
open to the most numeroHS objections, and tl)e consequcnct
of their decision was, that the case of Finley Malcolm, John
G. Parker, Robert Walkei^'Paul Bedford, Leonard Watson,
James Brown, Asa Anderson, and William Alves, must h%
disposed of in the same manner, and for substantially tht
same reasons, the objections not appearing sw strong in thost
cases as in the present. There Were three other prisonersy
John Orant, William Reynolds, and Lynus Wilson Miller^
who were not pardoned under the legislative act, but, accord,
ing to the return, had been duly convicted before the court
of Upper Canada, 'one of treason and the others of felony.
Their lordships had anxiously considered whe-thcr the alU--
gations to them were sufficient, and -they thought they were.
In coming to this opinion th^jy had principally relied on tb«
authority of Barnes' case, in the 2d vol. Rolle's Reports^
and "the King -and Saddis." These three, Atherefore,^must
also be remanded.

After judgment, Mr. Hill moved for an attachment against
Mr. Bacheldor, for making a 'false return, and the day wai
taken up by that gentleman and Mr. Roebuok in supporting
the motion. The former, after a speech which lasted sever«a4
hours, concluded by saying, he had now to bring under theit
lordships' consideration the a-ffivlavit on which he moved fot
an attachment ao-ainst Mr. B.icheldor. The afliJavit wfis
made by William Waller, who described himself as clerk to
Messrs. Asburst and Gainsford. solicitors for the prisoner*.
He states that on Saturday the 29th of Decen>ber last, he
received from the governor of the borough jatl at Liverpool
the document-, of which a true copy is annexed to his aflida-
Tit, and th^ it Xvas delivered to him as a copy of the was^-
rant under which the prisoni^Ts were detained. In that doc-
ument the names of all the prisoners were set out, and
among others was the name of Leonard Watson, whose cas«
he (Mr. Hill) was now bringing under the attention of th»
court. The deponent further said, that at the time it wai
delivered to him He examined and comj)ared it with the ori->

t06

MOTES OP AN EXILE, ON CANADA^

ginal warrant of commitment ; that' he was informed by th«
governor of the jail of Liverpool aforesaid that the prisoners
were held in custody solely on the authority of that warrant
so produced ; that he had no other document or warrant
whatever connected with the prisoners ; that he was informed
by the governor and town clerk aforesaid that the return
would be made by settinpr out the warrant. under which the
prisoners were detained ; that at the time the return to th«
writ issued being read in court yesterday (Monday) depo-
nent saw the original returns prepared by Bachcldor ; that h«
read the return so prepared in the case of Leonard Watsoi^,
which simply set out the warrant of which a copy is annexed
to the affidavit ; that while at Liverpool he communicated a
copy of it to Messrs. Ashurst and Gainsford, and that h«
believes the instructions to counsel consisted, among other
things, of a copy of that warrant. He had now read from be-
ginning to end the important affidavit on which, as subsidi-
ary to the other question, he humbly moved their lordships
for an attachment against Mr. Bacheldor. One advantagt
which would be gained for the prisoner by that motion was,
that at length their lordships would have the warrant of Sir
John Colborne immediately before the court, which his learn-
ed friend the Attorney General had struggled, and struggled
successfully, to keep back from their view. Their lordships
knew that by the habeas corpus act it was made imperative
on the jailer to give the party the warrant on which he was
detained. The court thought he (Mr. Hill) was premature
in calling their attention to that point before ; but he now in-
sisted it was the duty of the jailer to set forth that warrant
in hac verba in his return ; for whether it were a right simply
at common law, or a right at common law regulated by the
statute of Charles H., was immaterial,* since 911 the text>
writers, and all the distinguished men who had given any
opinion on the subject, agreed in stating that that was not
intended to give new rights, but to give better remedies to
the subject. He therefore inferred that the subject had at all
times a right to see the warrant on which he was detained ;
aad that the warrant being mentioned in the statute was

ENGLAND AND VAN DIEMAN'S LAND.

209

all
d;

nothing but a recognition of the common law right. If it
were necessary, however, he should submit that rights under
haheas corpus were rights under the statute as well as at com-
mon law. But he apprehended the party in this case was
not committed in execution of any sentence within the
statute — he was not a convicted person ; he was to be trans-
ported, not under a sentence, but by an act of mercy — not
because he was convicted, but because he was pardoned.
That was the statement of his learned friend ; but still the
jailer was bound under the habeas corpus act, and also at
common law, to show the warrant under which the prisoner
was detained. But if he were not bound to do so, he had
done it. And why was the prisoner to be provided with a
copy of it? Was it that he might forget, burn, or destroy
if? Was it to be of no use to him 1 And how could it be
of use to him but by bringing it before their lordships? The
jailer was bound to set it out as part of his return ; and in
not setting it out as part of his return he had been guilty
of a gross breach of his duty. He was confident their lord-
ships would find no case which would justify the jailer in
that course. This was not a case in which there had been no
warrant. What was the value of the warrant, or how far it
justified the jailer in detaining the prisoners, was nothing to
the purpose; he had a warrant, and dealing honestly and fairly
by those unfortunate men, he ought to have put the court in
possession of it. It appeared from his own confession that the
jailer of Liverpool had no other documents before him but
this warrant. He would ask whether a public officer was
dealing rightly with the liberty of the subject, who not being
in possession of any documents on which he could rely, chose
to allege on hearsay, the value of which their lordships had
no means of estimating, not knowing from whom it came — to
allege on hearsay which was of no value at all in courts of
law, that the prisoner, Leonard W"atson, petitioned in Canada
and confessed his guilt? He put that question in order that
the people of England might know what they had to trust
to. Had a jailer a right to set forth in his return upon in-
information which the law of England would not transfer

210

NOTES OF AN KXILK, ON CANADA,

the value of a pin, a number of facts of which he could know
nothing? He humbly and respectfully submitted that any
public officer — and every jailer in Enjifland was a public offi-
cer under the special superintendence and control of that
court — any such officer being called on to satisfy the King's
judges why he detained a certain man, and putting on record
a number of facts occurring, if they ever occurred, in a
foreign country, and of which he confessed he had no know-
ledge, withholding the original warrant from the eyes of the
court, was guilty of a gross breach of duty. Had the jailer
not done so in the present instance? He ou^jht clearly to
have refused the custody of these men under such circumstan-
ces. Why, if it had been only a matter of a single bale of
goods, the rights and interests of consignor and consignee must
have been more fully set forth, and if the ship's papers had
shown no better right in Captain Morton to the cargo than
had been shown to keep these men, he very much questioned
whether the ship itself would not have been liable *to seizure.
Was it then that the law took care of property, and not of
the rights of liberty! Should a vessel be allowed to come
into our waters, holding twelve men in constraint, without
showing any warrant or right, and transfer them to a jail in
Liverpool] And would he, after daring to put on the file*
of the court such a statement as he hac' lone, confessing, as
he did, that not one single scrap of paper justified him in mak-
ing it — so dealing with the liberty of the subject, would that
officer be held by their lordships to have done his duty 1 Ho
would show their lordships that not only had Mr. Bacheldor
most rashly and criminally made statements which he did not
know to be true, but that he had made statements which ha
knew to be false. He was now moving on the part of Leon-
ard Watson, and their lordships would find it stated in this
return that Leonard Watson was directed by the warrant of
Sir John Colborne to be taken on board the bark Captain Ross,
and that he was brought to Liverpool on that authority. That
was stated in the return.

In the warrant before their lordships there was a recital of
the most extraordinary and unmeaning kind that could be

BHOLAND AND VAN DIRKAV 4 LAVD.

811

I be

imagined. In the recital the name ot eonard WMson was
to be found, and he was described simply as a con*^ cted man.
There was no allegation that he was convicted, 1 it he wa«
so described ; and then, in the operative part of the warra. f,
which directed Morton to take certain persons on boarc or
the purpose of transportinnr them, the name of Leonard \^*t-
8on was not to be found. The jailer at Liverpool had there-
fore returned that which not only was unfounded so far as
his own knowledge went, but of which he had complete
knowledge, that the facts he put on the fde were false.—
Could it for a moment be supposed that that was within the
duty of the jailer of Liverpool ? He must not be told that the
warrant was unimportant. Was it for the jailer of Liverpool
to make that discovery 1 What had he, in the teeth of that
great act of Parliament, the habeas corpus — what had he to
do with keeping back any evidence he might possess in such
a case 1 Why should not the prisoner have the benefit of all
the facts that might tell in his favor? What interest ought
the jailer to take except to discharge his mind of all the
knowledge he possessed, and to place the court exactly in
the same slate as himself with respect to a knowledge of all
the facts of the case? Their lordships would look carefully
at that warrant; they would see the many legal blunders it
contained ; and that they might well suppose had been the
reason why ihey had not been hitherto able to see it. Of this
he complained. From whatever quarter the instructions
-might come, he complained, and bitterly complained, that
«very document had not been placed before them. Suppos-
ing the warrant inaccurate either as to matter of law or fact,
who was there, he asked, standing behind the jailer of Liver-
pool, who had a real, an honest interest in keeping these de-
fects of the instrument from the knowledge of the court?
Wherever the instructions came from, they were not worthy,
they were not consistent with the care which every govern-
ment, and which he was bound to suppose our own govern-
ment, had for the liberty of the subject.

He had now concluded his long task, and v<ery imperfectly
iplaced before the court those reasons for which he urgently

. I'

312

NOTB0 OP AN BXILIy ON CANADA,

implored their lordships to see that those men were not sent
into banishment until it was proved — until their << lordships
knew,'' as the writ had it, wherefore they should be sent.— >
He had not argued the case without the deepest anxiety.—
Twelve men, their fate, and that of their families, depended
upon their lordships' adjudication ; but he would freely con-
fess their fate did not, in his mind, constitute the highest im-
portance of the matter now before their lordships. It was
the people of England, now living and yet to be born, who
were mainly interested in the result ; and when he thought
of that, he might well say with the greatest of Roman ora-
tors, ^< Non solum animo commoveor sed etiam toto corpore
horresco." This country had hitherto been famous for set-
ting an example to the nations ; feeding the great lamp of
liberty and diffusing its sacred light over the world ; it depen-
ded on their lorJships' decision whether she would be shown
to deserve that lofty station, or whether her people were
worshipping an idol of stocks or stones, which when applied
to by the Englishman to save him from the greatest danger
under death that could occur to man, was powerless to help
him. Whether this country would support what her great
and glorious Milton called **the high prerogative of teach-
ing the nations how to live," or now confess to the laughing
and scorning world that the writ of habeas corpus was a mere
idle invention for lawyers to impose on the world as liberty;
but where it was required to oppress and punish a man with-
out inquiry, excellent reasons, sufficient precedents, were to
be found at all times, good and bad, in the books, to show that
there was no power to inquire whether a man who confessed
he knew nothing about the matter spoke the truth, and yet
after that confession, and on that confession, their lordships
were still bound to send those men to banishment.

BNOLAMD AND TAN DIINAH'f LAVD.

218

CHAPTER XVII.

Remarks upon the Trlali, dec— Mental SufTerings.— Kindness of Friendi. — Distin-
guished Visitors. — Eiitjiiah Feelini; wiih Keierence to the United States. — The An-
thor's Vindicaiinn of his Conduct to an ErigliHli CSentleinan. — Limited Number of
Voter.* in Oreot Britain — English Kiections, Bribery, Ac. — Appropriations by Ptr-
liament. — Englaiid's Poor. — Pardon of William Ueynolds. — Pardon of the NtcM
Untried Priiuiiers. — British Injustice.

Although to the general reader the details of our impor-
tant trials are perhaps uninteresting and dry, yet I have not
hesitated to introduce the most essential points, in order that
the truth may be known with regard to British justice. Brit-
ons assert, and the world in general believe, that British
laws are the perfection of reason, and that the fountain of
justice in ''free and happy E?} gland f^' is so pure, that the
wronged and injured man has but to tour li the tip of his
tongue to its waters to be cleansed of his leprosy. They
tell us of the independence, wisdom and uprightness of their
judges in administering law to the subject ; and that the
highest and lowest in the land receive at their hands impar-
tial justice ; yet the facts in this case prove the reverse. —
The habeas corpus, that great bulwark of English liberties,
as it is called, according to the decision of the judges of her
Majesty's Court of Queen's Bench, turned out to be an illu-
sion, a weapon which might be used to oppress the subject,
but powerless to shield him from usurpation and cruelty. I
will not say that the judges were corrupt, but such was the
general impression upon the minds of those who heard their
decisions. A whig government was in power ; under that
administration Canada had rebelled, and we had been sent
there ; and these upright judges who were also whigs, scru-
pled not, in the discharge of their high duties, to declare, in

214

IfOTBS 07 AN EXILE, ON CANADA,

iHt

the face of law and justice, that we were legally and justly
dealt with. Not so the Court of Exclicquer. Upon the
same facts, and under the same law, the learned judges de-
cided that the nine men who had not been tried, could not,
by the laws of England, be transported, and that the gov-
ernment must either try or discharge them. The judges of
the Court of Exchequer were conservatives^ and opposed to
the whig administration. The two decisions, affecting so
materially, but differently, the same case, are a melancholy
proof that law and justice in England are no better than in
other parts of the world ; and that there, as elsewhere, the
judicial and executive powers are so blended and interwoven,
that the former may be used as a cloak to cover up the
abominations of the latter.

During this long and anxious period, our sufferings arising
from hope deferred and the uncertainty of the future, were
often intense find severe. Mental torture, to be endured
with becoming firmness, requires a mind well disciplined in
the school of experience. Tlie kindness extended to us by
friends, and the general good feeling manifested by all with
whom we came in contact, softened the rigors of imprison-
ment, and lightened the heavy load which weighed upon our
spirits. Not a day passed, but some little act of kindness,
performed with scrupulous modesty, made us feel that there
were kind and warm hearts without by whom we were re-
membered. To our legal friends we were not only indebted
for the investigation of our cases, with the heavy expenses
thereby incurred, but they were not content with this, and
daily sought, either by personal visits or letters, to rob the
prison of its power to pain. Their eloquent appeals in
our behalf in court, won them the applause of the whole
country.

Gentlemen, and sometimes ladies, from all parts of Great
Britain, frequently called at Newgate to see the Canadian pri-
soners, as we were called, and as they generally wished to
spend some time in conversation, we had an excellent oppor-
tunity of becoming acquainted with some interestmg traits in
the English, Irish and Scotch character. Sometimes the-

ENGLAND AND VAN DIEMAN^S LAND.

215

I justly
►on the
ges de-
l(i not,
le gov-
ilges of
ascd to
ting so
incholy
than in
ere, the
woven,
up the

arlsinfr
e, were
•ndurcd
tned in
us by

II with
prison-
on our
idness,
t there
re re-
uebted
pcnses

and
b the
als in
whole

Great
m pri-
led to
ppor-
lits in
s the-

nobility were our visitors, but they looked upon us as repub-
licans who would level them with their fellow men, and
seemed rather shy. The Grand Duke, Prince Alexander of
Russia, came into our room one day attended by his suite,
among whom was Count Orfolk, the celebrated Russian fman-
cier. His Royal Highness appeared to lai)or under no diffi-
culty in comprehending the nature of our crimes, as nothing
is more common than state prisoners in the prisons of his
despot father.

The aristocracy of Great Britain have, generally, a strong
prejudice a^fainst Ihe United States, arising, no doubt, from
the influence of the equality of our institutions which are so
inimical to the perpetuity of their own lordly prerogatives.
Already have they felt that the light of our western star is
destined to guide their wronged and sulTering subjects to the
attainment of a better government, which will strip them of
their power. I was often amused to hear them i)redict its
downfall. Ten years was the utmost limit which they would
allow for our existence as a national republic. ^*In ten
years," said they, "you will have a King, and a House of
Lords." I told them they had been predicting the same thing
for the last sixty years, and that long before my country was
cursed with a King^ theirs would be blessed with a Presi-
dent. All other classes however a})peared to regard Ameri-
can institutions with better feelings ; and it was evident to
me from their conversation, that they only wanted the power
to copy the example of the western world, and throw otf
the galling yoke which Englishmen begin to feel sits too
heavily on their necks. The government have sought by
every possible means to prejudice the public mind against the
United States, and for a long time were successful; but there
are too many independent newspapers now to admit of such
unworthy expedients. Even at the present day, the gov-
ernment papers are in the habit of seizing upon every little
occurrence which may chance to happen on our side of the
water, that can, by exaggeration or open falsehood, be made
to bear either against American character or American insti-
tutions.

216

NOTES OF AN EXILE, ON CANADA,

Many of our visitors found fault with the American s for
assisting the Canadians in the rebellion, even while they jus-
tified the latter, and I was often called upon to vindicate my
own conduct, my comrades, with the exception of Reynolds,
being British subjects. Upon one occasion a large company
called to see us, among whom was an aged and respectable
looking gentleman, dressed in mourning, from the north of
England. He fixed his dark eye haughtily upon mine, and
sternly demanded, "Are not you, sir, an American?"

I replied, "I have the honor, sir, to be a citizen of the state
of New York."

"Did you Hve in Canada when the rebellion broke outV^

" No, sir."

"Had you any property in that country'?"

"I had none."

"Then what business had you to meddle with the affairl!
1 do not blame the Canadians so much if they were badly
governed; but there is no excuse for you Americans, who gra-
tuitously enlisted, and you deserve to bo punished. I must
confess I do not pity you nor any of your countrymen who
are suffering in the same cause."

"What right, my dear sir, had Lord Byron to go to Greece?
IJis case was exactly the same, yet the British government
encouraged his enterprise, and you Englishmen are proud of
his conduct on that occasion. What right had General Evans
and his seven thousand followers to go from this country to
Spain, during the late troubles there, to take a part in the
dissensions of that ill-fated country] Theirs was a parallel
case; and yet you blame me for copying an example which
your countrymen have ever been found ready to set."
1 Before I had finished the last sentence, however, my oppo-
nent turned deadly pale, groaned and staggered from the
room. Upon inquiry 1 learned that he was wearing mount-
ing for a favorite son who had followed General Evans to
Spain, and there fallen in battle. Much as I regretted wound-
ing the feelings of a bereaved father under such circumstan-
ces, I could not but regard the answer which I gave him as
a practical and just one. Upon all political and national sub*

i J»

ENGLAND AND VAN DIEMAN S LAND.

217

jccts, Englishmen at once detect a mote in the eye of a bro-
ther while unconscious of a beam in their own. They talk
of their liberties, as if they were the only nation in the
world who could boast of freedom of any kind; and yet with
a population of 27,000,000 but about 800,000 are allowed to
vote in electing the representatives of the people for Parlia-
ment; making on an average, but one voter to every thirty-
four persons! Were even these independent voters, the case
would be better that it now is, but they are mostly tenants
who are compelled to vote according to the will of the land-
lord on pain of his displeasure, involving the ruin of their
families and business. The ballot-box would remedy this evil,
but it would seem the government are unwilling to permit
even this limited number to exercise their right conscientious-
ly. The consequence of thus voting viva voce is bribery
without a parallel in the history of any nation ujjon earth. —
No candidate ever dreams of being cicctod without spending
from thirty thousand to one hundred thousand pounds in buy-
ing votes! A candidate without a ppinccly fortune to expend,
has no chance whatever of succeeding. Out upon such freo-
dom! Millions are constantlv starvinij for bread in this "free
and happy country," while an abundance of forcgn wheat is
rotting in bond at all the principal ports. But the landed
aristocracy upon whom the government has been dependent
for the enormous loans to support its unjust wars and criminal
extravagances, which have finally swelletl the national debt
to nearly one thousand millions sterling, must be allowed to
fatten upon the souls of the poor! Yet the late repeal of
these obnoxious corn laws, gives reason to hope that reform
may eventually give to the poor of England, a substance ia
lieu of the dim shadow which thev call freedom.

Among the items of appropriation voted by ParHament
while 1 was in London, I noticed two which appeared to me
to be characteristic of the nation. "Seventy thousand pounds
sterling for her Majesty's stables, and thirty-five thousand for
public education in the kingdom of Great Britain and Ireland!'*
This by the people's Parliament — so called. A nation of
FREEMEN tiuly ! — But the aristocracy dread the light of eda-

tis

NOTES OF AN EXILE, ON CANADA,

cation. If the poor were educated that they might know and
understand their rights, their own palmy days would be speed-
ily ended, and therefore they give seventy thousands to her
most gracious Majesty's horses, and half that sutn to educate
several millions of poor children. Boundless extravagance,
starvation and desi)air, are every where visible at the same
time ; and within a stone's throw of her Miijesty's palace, and
ttables, poor wretches may at all hours be seen, accosting
the stranger as he iiurries past, with, '• Please, sir, a penny to
buy a morsel of bread — I have eaten nothing for a day; — for
God's sake, sir, a single penny and heaven will bless you !'' —
Not a week passed while I was in London, but one or more
persons were committed to N(3wgate for stealing bread to
keep themselves from starving! Sometimes they were found
guilty and transported for seven, ten, and Ibi-rtecn years, for
lliis offense. These are but a few instances of an aggravated
nature which constantly occur in England, and are introduced
not so much to ridicule that nation, as with the Jiope of lead-
ing the reader to prize more highly the blessings of our own
happy country.

Through the intervention of Mr. Stevenson, at that time
minister plenipotentiary and ambassador extraordinary of the
United States at the court of St. James, William Reynolds
obtained a free pardon, on account, it was said, of his being
the youngest of our party. He was actually three years
older than myself, but had, fortunately for himself, and aa
unfortunately for me, stated his age when captured at eighteen
years. Mr. Stevenson exerted all his influence to procure
the same boon for me, but was unsuccessful. The liberation
of my friend, left but two, (Grant and myself) besides the
nine untried prisoners. Our cases had not been, investigated
in the Court of Exchequer, because, gaid our friends, "the
government will never be mean enough to transport you, if
all the others with whom you have been sp long connected in
the participation of incipient punishment, are discharged, and
you will, as a matter of course, be pardoned free gratis,^*
This reasoning, however, turned out to be poor logic to us»
He vrho trusts to the Devil for the printing and circulation of

ENGLAND AND VAN DIEMAN S LAND.

219

the Bible, stands a favorable chance of being disappointed.
We might as well have believed that his Satanic Majesty
would engage in the Bible trade, as that the British govern-
ment would do an act of either justice or mercy, unless
compelled to do so by powerful motives. Patents of jvirdon
were, in consequence of the decision in the Court of Exche-
quer, made out for our more fortunate companions, who were
accordingly discharged. In these ])atents of pardon it was
stated that her Majesty's royal mercy was extended to them
in consequence of their having already sutlered sufficiently
for their crimes. Now, although they had been in prison a
few months longer than Grant and myself, they had never
experienced the ordeal of a trial and sentence to death which
we had, and their sufferings could not be said to exceed ours.
They, too, were in general the first fomcnters of the rebellion,
and in this respect were the more guilty party, if guilt there
was in the affair; but these considerations was in vain urfjed
by our friends in our behalf. The government were inexora-
ble. The truth was, they were obliged to liberate the others,
which so enraged them that they determined to punish us
whom they had in their power, out of mere spite; and our
friends were insulted when they dared to ask for the feast
favor either upon the grounds of justice or mercy to us.

With heavv hearts we bade adieu to our more fortunate
companions, and relinquished all the thrilling hopes of freedom
which we had indulged for so many months. Better had
it been for us if those hoi)es had never been awakened, 'than
than that they should have been so cruelly blasted, after being
cherished for so long and anxious a period.

)»

On BOARD SiiiF Wellington, )
July 29, 1839. \
Dear Sir, — I cannot express to you the pain I felt on
hearing of your departure from Newgate for Portsmouth on
the Monday following my liberation. I called on Mr. Francis
Hall on Saturday evening, — the day I was liberated, — but
he was not at his lodgings, and I could not see him until
Monday morning; I then called on him early, and breakfasted

220

NOTES OP AN EXILE, ON CANADA,

Tvith him, and urged him to sec Mr. Stevenson and Mr. Web-
Bter in your behalf. Immediately after breakfast he went to
■ee Mr. S. Mr. Webster was out of town to some watering
place, but Mr. Hall said he would sec him as early as possible
and l^ave an interview with him, and endeavor to interest him
in your behalf. Mr. Ashurst was also writing Lord John
Russell, and I had much hope that you would soon follow ma
from captivity. But what was my horror and dismay on
meeting Wixon about noon, and learning that he had received
a letter from you the night previous, and that you were then
embarking for Portsmouth. I afterwards went to Mr. Hume,
and subsequently called on him again, at his own house, and
ho stated to me that he had had an interview with Lord Mel-
ville, Lord John Ilussell, and Marquis Nonnanby, but that he
Iiad received no satisfaction from them. They appeared to
censure Mr. H. for wishing to get all the rebels clear, and
gave him no encouragement whatever. I am exceedingly
surprised at the unwise course of the Home Government, in
carrying their extremities against you and Grant. This step
must only have a tendency to show the public mind, that those
already discharged have been so, not on the ground of mercy
or leniency, but entirely on the ground of right and law. It
has the effect to elevate the reputation of our lawyers, and
to distinguish them in the eyes of the world, for without
their efforts, we who have been discharged would now be in
the same boat with you ; whereas, if the government had dis-
charged a//, including you. Grant, Gemmell and Beemer, on
the ground of mercy, they would have taken away that
lustre from the acts of our lawvers that now so much shines
upon them. '•

Mr. Hume told me that he should never lose sight of you,,
and he hoped that steps would be taken in Parliament Ux
procure the liberation of all under sentence of transportation.

Do not think that I have forgotten or shall forget you. I
do not know in what way I may be useful to you, or your
fellows. Should any opportunity occur of enabling me to do
so, be assured it shall be my greatest pleasure.

Give my respects to your fellow prisoners, and may God

ENGLAND AND VAN DIEMAN's LAND.

221

bless and keep you safely. May you put your trust in Him,
and may He be your deliverer.

Your sincere friend, JOHN G. PARKER.

Mr. Linus W. Miller.

CHAPTER XVIII.

Removal tc the Hulks Incidents of the Journey. &c.— Portsmouth Scene on the

Deck. — The"*Convict Garb. — Inspection, Jcq.— Shameful Severity.— Gemmell's Ac-
count of Wait and his Companions. — Beemer. — Sleeping Apartment, &c. — The
Dockyard. — Sufferings, &c.— Complaints to the Government. — Mr. Carver.— Chelsea
Beach. — Attempt to Abscond. — The Old Traitor. — Dialogue with the Captain Reg-
ulations of the Hulk.— rrevaleiice of vice.ind crime.— Tiie Chapel and Clergyman.—
The Hospital.— The Dying Convict.— The Bay Ship.— Spilhead.— Letters, &c.

On the 14th July, John Grant and myself were called, long
before break of day, to be ironed, preparatory for our journey
to Portsmoiith. Strange as it may appear to the reader, a
confinement of six months in Newgate had actually pro-
duced an attachment to its old, gloomy walls ; and every ob-
ject in the room I had occupied with my companions, had
become dear to me through familiarity, local associations
both pleasant and painful, and the recollection that it had
been to me a habitation, a kind of resting place in my weary
pilgrimage, where I had found repose w' ile drinking from the
bitter cup of anxiety, suspense, expectation, hope deferred,
disappointment and despair so strangely intermixed. Here
too, I had parted with my late companions ; here I had found
friends who had kindly and deeply sympathized with me in
my afflictions; and here I had often joined in supplications to
the Almighty for His grace and mercy to enable me to tread
with cheerful step, the rough and thorny road in which I was
doomed to travel. Had I, however, been going to my liberty in-
stead of the hulks for transportation, I doubt not I should hav«
experienced similar sensations in leaving my strange home.
We had taken leave the evening previous of the governor

222

NOTES OP AS EXILE, ON CANADA,

who had treated us very kindly, and also of my excellent
friend, the Rev. Mr. Carver, the prison chaplain.

We were speedily equipped with chains, and hand-cuffs,
and marched first through the court-room, called the Old
Bailey, into a dark passage underneath the prison, used as
the burial-place of the felons who wore executed , more than
two hundred of whom, the turnkey informed me, were there
interred, and over several of whose graves I slunibled on the
way ; and at last emerged into the open Old Bailey street.
Here we found a covered van, large enough to hold thirty
persons, and drawn by three spans of horses, into which we
were crammed^ and a ring in our chains slipped on a bar of
iron which ran throujrh the entire length of the wagon. —
' There were twenty six English felons in the van before us,
flll chained to this bolt, and they, it now appeared, were to
be our companions, although hitherto we had been strictly
forbidden to speak to persons of their character. " All men
are born free and equal," said the turnkey to whom I re-
monstrated against this inconsistency and injustice, and be-
ing an American, I was obliged to accede to this practical
illustration of my national first truth, with as becoming
a grace as possible, although, I confess, I heartily wished
her Majesty's advisers rt:duced to the same glorious lev«l.

The fellows were supplied with beer, pipes and tobacco,
and were exceedingly boisterous, laughing, singing and mak-
ing as merry as any pleasure party going to th fair. Crack!
went the driver^'s whip, and away we flew through the streets
of London, at the rate of ten miles an hour. At daylight we
were beyond the suburbs, and traveling through as fine a sec-
lion of country as I ever witnessed. The scenery in some
places was to me surpassingly beautiful and lovely, but only
served to make me feel most keenly the bitterness of bonds,
and the cruel injustice of our enemies.

Grant and myself being seated at one end of the van, the
other being also open, were nearly suffocated with the fumes
of tobacco, beer, &c., from our jolly fellow travelers. A
strong current of air, from our speed, passing through the
van, we had tliie benefit of inhaling it the whole journey;

ENGLAND AND VAN DIEMAN's LAND.

223

and by the time we arrived at Portsmouth, (distant seventy
miles from London) about 2 o'clock, P. M., my patienco
was quite exhausted, and I was illy fitted to bear with be-
coming fortitude the indignities still in reserve for me. The
streets of this great sea-port town, through which we
passed, were exceedingly fdthy, and the buildings generally
low, old and inlerior.

A scow rowed by convicts conveyed us to the York Hulk,
an old seventy-four which was moored in the harbor, three-
fourths of a mile from shore. The first objects which attract-
ed my eye, upon gaining the deck, were James Gemmell and
the traitor Beemer. The former seemed both pleased and
grieved to sec us, but the countenance of the latter was at
dark as the hidden secrets of his evil heart. We were
ranked up in line on the deck, and Capt. Nicholson came
from his cabin, accompanied by his convict clerk, who car-
ried writing materials fur taking notes. They began at one
end of our line, taking each person in rotation, and asking
name, trade, age, &,c., the answers to which were carefully
taken down by the clerk. I ob!>erved that the convicts
pulled off their hats, and when addressed by either captain
or convict clerk, raised the fore linger of the right hand
to the head, evincing the most abject obsequiousness in all
their actions. This was entirely new to me, having always
been treated by the authorities and others with at least
decent respect, and taught to consider myself in no manner
•degraded on account of my bonds. The foul injustice which
I had just suffl'red at the hands of my enemies in London,
the galling chains on my limbs, the company of convicts
among whom I had been thrust, and the fumes of tobacco
and beer which I had been enjoying all day, were brewing
in ray brain, and I felt no disposition to treat this new dig-
nitary, or any body else v.'ho wore the British uniform, with
even common civility. When he approached I stood stiff
and erect, and as he was but a short man, looked down upon
him with all the dignity and importance I could command.
He appeared somewhat astonis^hed at my audacity, as I thus

224

NOTES OF AN EXILE, ON CANADA,

stared him full in the face, without doffing my hat, or inti-
mating as much as "your servant, sir.''

" What is your name]" he demanded in a stern voice.

" Miller."

*Ms that all of your name ?" ,

*' My name is Linus Wilson Miller."

*' That is a long namt. Pray what is your trade 1"

** I never learned a trade."

** Pray what have you learned that is good ?"

** To respect myself."

**Did you ever learn manners 1"

** No ! such kind of things come nat'ral in my country-
all second nature ; don't require to be taught."

" Pray what uncivilized part of the earth do you claim as
your country ?"

" I am an American."

"A Yankee-?"

"Yes."

" And you have no trade ?"

** No ; 1 have a profession."

^^Whaf?"

•* I was bred to the law."

Oh, a lawyer." Aside to the clerk, — <* put him down a
laborer."

<* What is your age 1"

*' Twenty-one."

** Where were you tried V^

*' At Niagara, Upper Canada."

*' What is your crime ?"

** A virtue."

" Indeed ! pray for what virtuous action have you been
sent here '?"

*' For sympathising with the Canadians."

'* What is your sentence 1"

" That you will learn from the warrant under which you
hold me, and assume the right to ask me these questions.
If you have any documents of the kind, you can refer to it
for any further information you require. If you have not.

ENGLAND AND VAN DIEMAN> LAND.

325

'.n

you may as well send me ashore in that old scow in which
I just came off."

** You are an impudent fellow ! Why do you not take off
your hat, and say * sir,' when I address you V*
* ** In my country we do not mind such small matters ; hut *
you English have taught me to be unmannerly."

«« Take off your hat!"

I lifted it slightly from my head, and replaced it.

•< Learn to say *sir,' to me."

•* Sir, I have hitherto been spared the degradation which
you seek to impose upon me. I am a state prisoner, and
entitled to different treatment from this."

** You are at the hulks now, no matter where you have
been, how you have been treated elsewhere, or what your
crime is. While here you will obey iJ'e regulations of the
ship, and I will be respected."

My friend Grant answered his questions in a similar
m^anner, and the captain set us down ^^ hard cases f^^ as we
soon learned to our sorrow.

After having been searched for tobacco, money, &,c., which
were strictly prohibited, our irons were taken off, and our
hair sheared close to the head. We were then ordered to
wash in a large cistern, in whi<:h the whole van-load of pri-
soners had cleansed their filthy carcasses. Our private cloth-
ing was at the same time taken away, and its place supplied
with convict apparel, consisting of a gray jacket, waistcoat,
knee-breeches, long stockings, striped shirt, checked hand-
kerchief, thick shoes, and sheep-skin cap. In this Quixotic
garb, we were ushered into a large ward, where sat the cap-
tain and two other subordinates, for the purpose of ques-
tioning us and taking our descriptions, that we might be
identified in case of an escape. We were ordered to expose
our persons to the waist, for that purpose. This was an
indignity which I little relished, but any objections urged on
my part would have answered no other purpose than to
excite suspicion of a wish to abscond. I now began to
learn that a prisoner must have no will of his own, no feel-
ingly no soul 'j the discipline to which he is subjected, being

226

NOTES OP AN EXILE, ON CANADA,

intended not only to torment the body, but to crush and
destroy all those attributes which constitute the man as dis-
tinguished Irom the brute. Happy is it for him if his moral
feelings arc so deadened, his soul so debased that he can
not feel the rackings of the wheel of mental and moral*
torture which the god-like divinity of the English law has
constructed for his rvjormation.

To my astonishment, irons, weighing about ten pounds,
were riveted upon our limljs, the same as upon tlie Knglisb
felons, notwithstanding that Lord John Russell had sent strict
orders to the captain of the hulk that the Canadian prisoners
should not be ironed, put to labor, or placed in the immedi-
ate company of the other prisoners. I protested in strong
terms against this, but to no purpose. Soon as the irons
were on, an overseer called us; we followed him down three
pairs of stairs into the hold, where he pointed to two large
logs, weighing, I should judge, about seven hundred pounds
each, and ordered us to lay hold of and carry them to the
upper deck. We had, during the process of washing, &c.,
resolved to obey orders, no matter how unreasonable they
might be, and complain, if necessary, to the higher authori-
ties, and, thereforx?, without hesitation took hold of one of
the logs as directed but were unable to get it higher than the
first step. I told the overseer that however anxious we
might be to enjoy the entire pleasure arisin<, from this novel
exercise, we were unable to do so, and he must call more
help. He took the hint, and a half dozen lazy fellows were
forthwith summoned to our assistance. When we reached
the upper deck with our burthen, I saw the captain peeping
through the cabin window at us. He had ordered the over-
seer to select Grant and myself for this business, thinking
from our conduct at the first introduction, that we would
certainly rebel and he should have a chance to punish us ;
but in this he was mistaken. I felt sensible, upon reflection,
that I had treated him with almost unpardonable rudeness,
and determined to make amends for it in future. He was an
aged man and I sincerely repented having insulted him, on

ENGLAND AND VAN DIBMAN^S LAND.

227

ing
lid
is;
)n,
Iss,
an
on

account of the country he served. The sequel will show
that we both misjudi^ed each other.

Gemmell related to me tlie history of himself and compan-
ions, as far lie knew, since our separation at Liverpool. Me
had spent most of his time in the hospital, but was conver-
sant with all the incidents relating to his comrades during
tlieir Slay ; and told many anecdotes, which although inter-
esting, cannot be introduced into this work. They had not
been required to labor, were ironed with a baz/.il only, (a
ring riveted upon one leg, just above the ankle, while
Grant and myself, with the English prisoners, wore one on
each, connected with a heavy chain,) were confined in a
ward by themselves, and exempted from many of the prison
rules. They had, however, sutfered severely from cold, hun-
ger and anxiety of mind; a lively dcsciiption of which may
be found in Mr. Wait's narrative. Hopes of freedom and an
investiiration of their cases were held out to them to the last,
(whether in good faith or not I can not say,) but I fear it was
only to quiet their minds. On the 12th Mareh, they were,
with but a few minutes warning, shipped for Van Dieraan's
L.nd. Gemmell being sick in the hospital at the time, was
dc ained. As for 15eemer, he had busied himself with writing
to the government a most exaggerated account of the Cap-
tain Ross affair, and claiming a free pardon for his treachery
on that occasion. He remained at the hulks when the others
were sent away; the government having in contemplation the
granting of his request, but he still continued his importuni-
ties, and in every application represented the mutiny more
aggravated than before in order to enhance the value of his
service, until he at last contradicted himself and disgusted
them. Copies of his letters afterwards fell into my hands,
the first of which was as fair a version of the affair as could
hnve been expected from a traitor; but according to the last,
the annals of piracy present nothing half so foul and revolt-
inff as were our intentions.

At night we were mustered into a ward with Gemmell and
about forty English prisoners. At half-past seven o'clock
prayers were read by one of the convicts, during which the

228

NOTES OF AN EXILE, ON CANADA,

overseers were present to maintain order, but the service
was only a solemn mockery. This was the first night that
I ever went to roost in a hammock. It required some prac-
tice to get into it, and we found ourselves sprawling on thv
floor, chains and all, before we succeeded in mastering the
difficulty. They are preferable to a hard shelf for sleeping.

The next morning when the men were mustered for labor
we were called with the others. I protested strongly against
this, stating to the captain that it was a violation of all th«
rules hitherto observed by the government in our treatment,
and that as state prisoners, we were {entitled to exemption
from servile labor. His only reply was, "That will do, that
will do, pass on." Descending the rope-ladder over the
side of the vessel, we took our places in a launch with about
sixty men, and were rowed to the Portsmouth dock-yard. —
On our way we passed under the bows of Lord- Nelson's flag
ship, in which he lost his life in the battle of Trafalgar. More
than a hundred men-of-war were lying in the harbor, many
of them old and unfit for service. Several hundred workmen
were employed upon new vessels on the stocks, and three
** first-raters" were nearly ready to be launched. A steam-
boat was lying at one of the wharves to be loaded with coal,
and in ten minutes we were as black as the most sooty sweep
of London. My long incarceration in prison and the physi-
cal and mental sufferings to which I had been subjected, had
so enervated my frame as to render hard labor almost im-
possible, yet I worked very hard, occasionally sitting down
to rest when greatly fatigued, but always commencing again
without being ordered by the overseer, whose eye I remark-
ed was constantly upon me. Night found me perfectly ex-
hausted with the toils of the day, and my hands and feet
sadly blistered.

It may be imagined that this beginning of slavery was
worse than death itself, Snd that my sufferings, physical and
mental, were intolerable. How my soul loathed the menial
services I was compelled to perform, as well as every object
arouiiud me connected with the tyrants who oppressed we • —

EKGLAMD AND VAN NEMAN 's LAND.

229

set

Great as my physical sufferings were, those of a mental nature
were far greater, for I now felt myself a slave, degraded, but
thank Heaven, not debased. My soul was as free as ever,
and as new trials came upon me, I was granted strength to
bear them, I trust, with becoming fortitude. Despair, with
his grim, ghastly visage, would sometimes haUnt my spirit,
but hope was every ready to chase the monster away, and I
had too much pride to allow my enemies the satisfaction of
crushing and breaking an American's spirit. If I was ever
tempted in my darkest hours to despond, visions of my native
land, oihome, and kindred spirits there, who looked, though
vainly, for my return, would nerve me to grapple with the
worst, and I always came off more than conqueror.

The next day we were employed in skidding up large logs,
of which the dock-yard was full, and this continued two
weeks, during which time I was narrowly watched by the
overseer, who, however, found no occasion for fault, while
he was under the necessity of continually threatening the
English prisoners with a flogging, on account of idleness and
general bad conduct. In the mean time, I demanded writing
materials of Captain Nicholson, for the purpose of complain-
ing of our treatment to Lord John Russell. He complied
with a very ill grace; but the regulations to which he was
subject, as well as myself, allowed me that privilege, al-
tJiough it was his also to inspect all letters, and send any
counter statements with reference to complaints which he
might deem proper. My letter was not couched in the most
humble and moderate language, but reflected severely upon
the government for all the injustice I had lately suffered. I
also wrote to Messrs. Hume and Roebuck, and in a commu-
ni«ation to the Reverend Mr. Carver, who had requested
me to write to him occasionally, I inconsiderately took the
liberty to animadvert in strong terms upon British justice. —
This letter, after being inspected by the captain, was sent
tuisealedy first, to the great " powers that be," in London,
and by them forwarded to my friend, who was greatly alarm>
ed lest the government should suspect him of similar senti-
ments, and wrote me a severe reprimand, which he also sent

J880

NOTES OP AN EXILE, ON CANADA,

WTwea/eei through the same channel. I did not blame him for this,
for I knew, that although he was one of my warmest friends,
he was as jealous of his character for loyalty to his sover-
eign, as I was of my own for the cause of Canadian liberty.
But kindness of heart was visible in every sentence of his
singular epistle; at the close of which he annexed testimo-
nials of character for myself and friend, to be used if w«
thought proper in the land of our exile.*

At the end of two weeks, the captain, whose hauteur to-
ward me had been daily wearing away, said in an under tone,
when my name was called at the muster for labor, " I shall
send you and Grant out to Chelsea beach to work in the in-
valid gang, where your labor will be light." I made him
no reply, although in truth glad of the change, for I was quite
unable to perform our heavy tasks in the dock-yard. —
*' Thank you, sir," was upon my lips, but I recollected the in-
justice which I had suffered in being compelled to labor with
the English felons, and was silent. There were about seven-
ty invalids in the gang — lame, blind, halt and lazy; and among
the latter I soon learned to class myself. The beach where

•This ig to certify to all whom it may concern, that from a long and intimate acquain.
tance with Mr. Linus Wilson Miller, during the period of his detention as a state pri-
soner in the prison of Newgate, London ; and from daily observation of his character
and disposition, I consider it only an act of justice to state that I conscientiously believ«
him to be a young man of excellent ebiliiies, extensive attainments, strictest honor and
integrity, sober and industrious habits, and actuated by a high sense uf religious and
moral responsibility, founded upon a solid and extensive acquaintance with the doc.
trines and precepts of the inspired volume ; and moreover I can heartily recommend
him as well qualified to fill any situation where trust, confidence and good abilities are
-essential requirements. He has studied as an American barrister-

JAMES CARVER, M. A., Corp. Chris. Coll., Cambridge.
-September 3, 1839.' Chaplain of Newgate Prison, London.

This is to certify that I have been intimately acquainted with Mr. Grant, for many
months detained as a state prisoner in the jail of Newgate and now about to be ban.
ished to Van Dieman's Land. After a close and daily observation of his principlea,
disposition and habits 'or so long a period, it affords me very great satisfaction in being,
able %o bear my testimony to his character as a very upright, honest, sober, amiable,
industrious, and, above all, religious young man. Any person requiring an active,
intelligent and trustworthy assistant, in almost any branch of bu8iness,will find in Mr-
Grant an invaluable coadjutor.

JAMES CARVER, M. A., Corp. Chris. Coll., Cambridge.

September 3, 1839. Chaplain of Newgate Prison, London.

ENGLAND AND VAN DIEMAN's LAND.

231

»D.

we worked was about one mile from the hulk, and the em-
ployment consisted chiefly in wheeling earth, in barrows, a
distance of eighty yards, to form an embankment; but every
high tide washed away the fruits of our labors. I was not a
little amused at the manner of working practised by the in-
valids, who being exempt from hard labor by the surgeon,
are only required to work for exercise. In the first place
tlie barrows were filled, not too heavily j by some stiff-backed
fellow who appeared to know nothing about stooping. The
knight of the barrow would then wheel it about twenty
paces, set it down and rest a few minutes; then start afresh,
going the same distance at a snaiPs pace. In the course of
half an hour the cargo of earth would reach its destination,
and the fellow might be seen resting on his way back with
the empty barrow. He who could do the least work without
standing absolutely motionless during the whole day, was
esteemed the best fellow; and the beauty of the system was,
that all went on harmoniously, overseer and men being too
lazy to scold or quarrel. The sun was closely watched by
all until he reached his meridian, when a cessation of all
secular pursuits took place for a long hour. Eating, drink-
ing and dozing were then performed with a right good will
until the bell rang for labor, when Sol, in his downward
course, again became an object of special interest.

The overseer informed me that his orders from the captain
were to allow Grant and myself to work or not, at our own
descretion ; of which gracious permission we were not reluc-
tant to avail ourselves. Six men were sent with a cart every
morning (a sentry guarding them) about one mile, to draw a
cask of water for use during the day ; we made two of the
number, and this was our task for the entire day. Conceiv-
ing the possibility of an escape into the country, where it
was probable we should find friends to aid us, (for our cases
had become universally known and commiserated,) we re-
solved to make an attempt to throw off the yoke of slavery,
and resent the injustice which we had experienced. Flog-
ging was the usual punishment for absconding, but we
thought Captain Nicholson would hesitate before he used the

232

NOTES OP AN EXILF, ON CANADA>

cai-o* -nine-tails to state prisoners, and rather hush the matter
up than, by punishing us, make our disgraceful treatment
public. I felt somewhat elated at the prospect of showing
our enemies that we duly appreciated their kindness, and
enjoyed the sweets of freedom from our galling bondiage, if
it were only for a few hours. I also enjoyed the anticipa-
tion of causing the tyrants a little trouble, and possibly moi^-
tification. Gemmell was made a confident in the business,
after being cautioned to beware of Beemer, and he entered
into the plan with right good will. We made ourselves ac-
quainted with the immediate vicinity of the surrounding coun-
try from a map supplied by him. The sentry who accom-
panied the water cart being careless in his movements, we
proposed to knock him down at the spring, possess ourselves
of his gun, and then send him back to the party with the
remainder of his charge, making him the bearer of a letter to
the captain, which I wrote for the purpose.* Gemmell, who
at that time was expecting a free pardon, requested me to
furnish him with a copy of this epistle to carry home with
him, and I was foolish enough to do so.

*SiB| — Although no apology can be due to you Tor the step we ere about taking, vn»
deem it proper in justice to ourselves, to state the reasons which have induced lu to attempt
ovr emancipation from British thraldom.

No civilized government upon earth makes greater professions of justice than that of
Great Biitain. Humble and insignificant as we may appear in the estimation of that
gOTernmeni, we have rights, whieh, notwiibstanding the convict apparel upon eur persons*
galling chains upon our limbs, and the menial tosks which we are made to perform, we
have never forfeited. From the period of our first imprisonment in Canada, those righto
kave been trampled upon and violated. Tried under a provincial act, evidently UDCon8tit»
ttonal and repugnant to the laws of England,— nay, not tried, for the proceeding against ii»
deserved not the name of a trial,-.dragged through a thousand horrors to the shorei of
thia " free and happy England," it was natural for us to hope for some amelioratina of our
woes where the divinity of justice presided in person; but the experience of a few montba
kaa taught us that hopes founded upon so baseless a fabric must be vain and delusive.

Tbe decisions of her Majesty's Court of Queen's Beach iu our cases was evidently foand^
fld upon a predetermination to support the present administration of government.

The subsequent decision of the Court of Exchequer in the cases of our conradea, in tito
benafit of which investigatiou we, unfortunately, did not participate, oould nayt» by uaj
passible construction, lessen our claims to either a just or mercifkil cousideratioa of our
osvn oaaes from the government.

Compelled by the decision of the court to release the nine untried prisonQr*, the ettath
liahed hypocrisy of the British government was manifested in their patents of pardopw
whieh atated that the royal clemency was extended tu them io conaideratiou of tkeir baxiag
already suffered sufficiently for their crimes.

It waa well known to the government that some of them were active agenta in geting w^
tba rabellioD, and in thia roipeet far mora guilty than either of us, white our sttfikriBfa iu4

ENGLAND AND VAN DIEMAN^S LAND.

239

About half an hour before the time set for the execution
of our project, the captain came off in his boat, apparently
in great trepidation, and ordered us to return with him to th«
hulk. Suspecting from his grave demeanor that all was not
right, I took the letter from my pocket and commenced tear-
ing it into small slips, which I threw into the water. The
captain ordered the boatmen to cease rowing, and came for-
ward to the bow where we sat, with the intention of seizing
it ; but crushing it in ray hand, I held it under water, upon
which he re -seated himself, and closely watched me while
tore it into fragments. Arriving at the hulk, the first object
which I saw was Beemer, whose countenance wore a malr-
cious grin, which I well understood. Gemmell stood lean-
ing against the side of the ship pale as marble, as was always
the case w^hen he had committed some egregious blunder.
I learned from him that in the unbounded joy of his heart,
»t the prospect of our escape, and supposing that we wer«
already beyond the reach of treachery, he had made a con-
fident of Beemer, who snatched the before-mentioned copy

been greater and more severe than theirs, notwithstanding which we were denied the ■aim)
boon,— becauiie, forsooth, there was no compulsion as in their cases, — our respectful peti*
tfaMis rejected and our friends insulted for daring to ask for even justice in our behalf.

The discharge of our comrades was the signal for the imposition of new and aggravated
•ererities upon us. We were immediately removed to this place in company with tbv
worst of felons, and as though nn longer entitled to the treotmentof state prisoners, wes
berded with th<^ ofl'»courings of England, and indeed of the earth, compelled to conform to
the same degrading rules and perform the same servile labor, a slavery far worse than has
ever fallen to the lot of the Negro race ia any ag« or part of the earth in oonsequence at
tbe contaminniing influences of the most revolting vices.

Whether, sir, the government have sanotioned the i;everity which you have imposed npoa
■a, is a question fur you to answer, and it makes no .liflfecence with us, who have been tUs
aufferers. It is not unknown to us, however, that you receiveJ positive orders from her
Majesty's Secretary of State to treat the Canadian prisoners lately under your charge(Me8sr8.
Wait and others) as state prisoners. Have those orders been countermanded, and th«
government made you the instrument of visiting upon our devoted heads punishment mi^
JScjent to satisfy tbem for their royal mercy to our pardoned comrades?

In conclusion, we have only to say that we detest the tyranny we have endured, and the
nthors of it, and hope our present effort to gain our liberty will, whether successful or na|,
«rve to convince ouc enemies that we have at least the courage to resent our injuries^.-
Tbe sentry who guards the water cart to the spring, will be the bearer of this letter to yof^
and as we intend taking his gun, &o,, for our own use, we beg to recommend hin tojoui
Car another gun and kit.

We have the honor to be» air, your obedient servants,

L. W. MILLER,
JOHN GRANT,

State prisoner fl'ogiiCiudv

fttolU Nicholson, R. N., ComnandMr of York Hulk, PortamoiBh,

234

irOTES OF AN EXILE, ON CANADA,

of our letter and ran with it to the captain. Deeply morti-
fied as I was, I could but forgive Gemraell his indiscretion,
for I was certain he meant no evil. I had known him a long
time as an honest-hearted young man, and to this day enter-
tain great respect for him on account of his ardent attach-
ment to the cause of Canadian liberty. As for Beemer,
"what else could have been expected fiom such a renegade ?
In the afternoon I was summoned into the cabin, where I
found the captain and his chief matt, and the following dia-
logue took place between the former and myself.

" Do you know that hand-writing'?" — handing me at the
same time the paper which Beemer had given him.

'' Yes, sir; it is my own," I answered without hesitation.

" Indeed ! then you acknowledge having written itl"

" Certainly. I never write any thing which I am ashamed
to own. That, sir, is a copy of the letter which you saw
me tearing up in your boat. You are indebted to Jacob
Beemer for it, I am told."

'' No matter how it came in my possession ; but were you
really so foolish as to think of an escape ] It is utterly
impossible for any prisoner here to get away ;" and he
talked half an hour to convince me that such was the case,
which only served to satisfy me that he feared we might
have been successful.

I replied, ^* there could be no harm in trying."

" Why did you wish to abscond V^

'* That is a strange question to ask a captive ; but the
letter should have taught you our reasons."

** I have done wrong, and am not ashamed to confess it to
you. You doubtless recollect that you were exceedingly
impertinent to me on your first arrival here. I formed a
very unfavorable opinion of yourself and friend, Mr. Grant,
in consequence, and resolved to be severe with you. Mj
orders were to treat you as state prisoners, and I have
regretted ever since taking the first step, that I did not fol-
low them. I have watched you closely the whole time, and
have not, since the first day we met, been able to detect a
single fault in your conduct. Your overseers have told me

ENGliiAND AND VAN DIEM AN 's LAND.

235

that yourself and friend were by far the most industrious and
best behaved men ever und^r their charge, and I have been
Tery sorry for my conduct toward you. The complaints
\vhich you wrote to the government, I took the liberty to
suppress, and it is not known in London that you have been
required to labor, as I have done it entirely upon my own
responsibility. Henceforth I shall endeavor, to make amends
for the past. Your crime is not of a nature to degrade you,
and in my opinion deserves no punishment. Be assured
you have my deepest sympathies, and in future regard me as
a friend, for such you will ever find me while your conduct
remains good. While you remain under my charge, let rae
never again see you put your hand to labor of any kind. —
I want no person to labor on my ship, who has committed
no crime. I have given orders that you have the full liberty
of the ship, and be exempt from the rules for the guidance
Obf the felons."

I thanked him, and acknowledged at the same time my
impropriety of conduct on the day of my arrival, for which
I had been not only sorry, but ashamed ever since, but had
borne much at that time to tire my patience.

Grant was then called, and dealt with in a similar manner;
after which our heavy irons were knocked off, and I will
add, that the events of the day, although entirely different
from what we anticipated in the morning, removed a heavy
load from my heart ; as it now appeared our late treatment
was not intended by the government, and I indulged the
hope that upon our arrival in Van Dieman's Land the same
rules would be observed.

During the remainder of our stay at the hulk, Capt. N.
was all that he had promised, a true friend. He could not
have treated us better. As for the traitor, Beemer, he was
scouted from one end of the ship to the other. Not one of
the officers would speak to him, and even the convicts shun-
ned him as a greater scoundrel than themselves. They
called him " the man who comes it on his mates."

The rations of the prisoners consisted of oat-meal for
breakfast and supper, with four ounces of ship biscuit. Fox

236

KOTCS OF AN EXILE, ON CANADA,

dinner a pint of soup, (so called, although it was little
better than warm water,) a half pound of salt beef, gen-
erally all bone, and a pound of a coarse, black substance^
which the officers called bread, and the prisoners, " brown
tommy." I do not exaggerate, when I assert that swine,
in my own country, would not eat it unless half starved.
What it was made of I nerer took the trouble to inquire, as
eating it was out of the question. Every third day dinner
consisted of this bread, half a pint of sour ale and twsD
ounces of unpalatable cheese. The prisoners generally
complained of hunger after their meals. Many were greatly
emaciated from this cause. I suffered much myself from a
craving appetite, which was not once satisfied while there.

In the winter season the clothing and bedding allowed is
but just enough to keep the poor suffering wretches from
freezing. The wards are cold and damp, no fire being allow-
ed. In order that it may not be said that "slaves breathe in
England," twopence per day is allowed each man who labors
in the dock-yard, one half of which he draws at the end of
the week in "white bread," and the other penny is put by for
him to receive at the end of his sentence. Thc4a8t, however,
he seldom gets. The invalids who work at Chelsea beach
get nothing but the salt in their skilly, which they scarcely
earn. Once a year the friends of the prisoners are allowed
to see th§m, and every six months an interchange of letters
(which always pass through the captain'j hands) may tako
place. Many prisoners whose sentences are seven and ten
years, are never sent from the country, but serve the whole
time at the hulks. When their conduct has been good, a year
and sometimes more, is forgiven; but there are few who can
claim this indulgence. Those sentenced for a longer period am
invariably sent to Van Dieman's Land. Boys aged from
seven to twelve years are sent here, and to the penitentiary
on the Isle of Wight. Several hundred are yearly sentenced
to transportation for seven, ten and fourteen years. They are
mostly educated in crime by their parents, who teach them to
pick pockets, &c. How far such lads should be accountablo
to the laws, is a question which I will not pretend ta answei^

■/

■7

ENGLAND AND VAN DIEMAN's LAND.

237

but of this I am certain, their condition is rendered hopeless
by being transported. If they are not perfect masters of ths
devWs art before, they become so in a few months' time after
being sent to the huliis. Although the rules of these floating
prisons are exceedingly rigid and severe, every thing which
can be called an indulgence being prohibited on pain of soli-
tary confinement in the cells or a flogging, traffic in money,
tobacco, knives, &c., is constantly carried on, and means are
found to evade the penalty. Happy would it be for the poor
convict if the foregoing description embraced the worst fea-
tures of the hulk system. I pause upon the threshhold of its
dark and disgusting realities, imd ask myself the question,
what good will be secured by going farther? But the spirits
df the damned who have here filled up the measure of human
iniquity beckon me onward, crying, "Spare not the truth!"
and the hope that its horrors when known, will save my own
country from ever adoj)ting such a system, would nerve my
hand, if palsied, to trace it if possible in characters of living
light and eternal durability upon the margin of the heavens,
that not only Americfins,'but Englishmen, might read it and
beware! From the moment the poor convict sets his foot
apon the Ibglish hulk till he leaves it, suffering, privation,
insult, reproach and shame become his meat and his drink,
and are stamped upon his gloomy brow; no voice of kindness
cssrer greets his ear, no christian points him to hope in this
world, or pardon and bliss in the next; but curses, impreca-
tions and obscenity from his wretched companions pour in
upon his soul, until every holy feeling is deadened and a
living he41 burns within his breast. Vice and crime of the
most revolting nature, such as called down the vengeance
of heaven upon ancient Sodom and Gomorrah, are prevalent
to an alarming extent, and indeed every influence to which
he is subjected drags him downwai^ with fearful and rapid
i^ides to the chambers of eternal death. Such fearful results
are the natural results of herding depraved men together
imder such a system — a system which insures not only their
entire ruin in this world, but, what is of far more importance,
in that which is to come.

238

NOTES OF Alf EXILE, ON CANADA,

There was indeed a chapel in that sink of infamy, and a
nalaricd clergyman of the Church of England, during tho
time I was there, preached Sunday mornings, anii as 1 under-
stood performed the evening service at the Leviathan hulk
which lay moored in the harbor; but we never saw him dur-
ing the week or heard him speak except from tho i)ulpit. —
His sermons were very dry and uninteresting, and a word of
kindness or encouragement to the poor fallen men under him
was never heard from his lips. Ilis whole coikIiicI proved
tliat he felt no interest whatever in the spiritual welfare of his
charge. I became acquainted with a few whc>v upon their
first arrival at the hulk, evinced a desire to abandon sin and
seek the consolations of religion as the only source of happi-
ness left to them in this world; but there was no one to take
them by the hand and point to a bleeding Savior; no one to
encourage their good resolutions; no one to tell them that tlie
Redeemer of mankind came to seek and save tho lost and
ruined of earth, and they soon returned to sin and folly.

The lower deck was used as a hospital for the sick, and had
accommodations for about one hundred patients. During the
sickly season it is oftea- full, and but too frequently vacancies
occur to replenish the dead-house. A coroners infjucst was
always called, when this loathsome receptacle became crowd-
ed. The jury from Portsmouth, would merely look at the
corpse and return a verdict according to the report of the
surgeon, who was the only witness questioned. I have no
hesitation in giving it as my opinion, that cases frequently
occur where the surgeon ought to be indicted for mal-practice
or culpable neglect; but then, who cares for tho life of a con-
vict] The relatives of the deceased are generally at a dis-
tance, and the government are interested in getting as many
of the poor wretches off their hands as they conveniently can.
The jurymen are generally such persons as are incapable of
detecting foul play if the evidences of it were ever so plain,
and what is worse, care not whether a convict is murdered
or dies by the visitation of God. The dead after having been
dissected, were nailed up in a rough box and thrown into a
pit on ehore without ceremony. Such was the melancholy

ENGLAND AND VAN DIEMAN's LAND,

239

end of thr ronvir-t! When any poor wretch lay at the point
of death, the clergyman l)cfore nKMitioiicd was sent for, who
would ^o to the couch of the dyini? man, talv(; his prayer
l30ok from his ])ocket and hastily read the scrvi(!o appointed
for the occasion, and generally without saying another word,
turn coldly away, jump into his hoat and return to the shore,
to enjoy his ease and comf'ortahlo salary. No wonder that
the poor convicts, with but few exceptions, expired uttering
onths ami imprecations. Fearful must be the state of that
surpliced gcnt/vman at the last great dayl The convict
whom he di^spises will rise up in judgment to condemn him.

I sat by the couch and witnessed the last moments of a
l>oor fellow, who died apparently more from a broken lieart
than any deadly malady. Oaths and curses were as usual
the most familiar sounds in that chamber of death, but the
dying man heeded them not ; his thoughts were upon sub-
jects dear to him in thai solitary and all-important hour. —
The home of his childhood, his widowed mother, a sister,
and a dear fVieml whom he called *' Sarah," were ever and
anon upon his lips. The days of his innocency and happi-
ness came back in all the freshness of awakened memory,
and as he lisped the names of those he loved, and who,
perchance, still loved him, notwithstanding his errors, his
dim eye kindled with the lustre of other days, and hi»
blanched cheek gathered a momentary freshness, evincing
that lost and ruined as he was, the heart's best affections had
lived to the last, while honor, virtue, and all else that was
good, had sunk long years before in the dark sea of crime.
He inquired of me if Jesus died to save convicts? I replied
that he was crucified between two convicts, and read to him
the promise made to the penitent thief when just upon the
threshhold of eternity. He entreated me to hold the Bible
before his eyes, that he might read the w^ords himself. I
complied, and when he had finished, he closed his eyes and
lay silent for a few minutes, but his lips were moving while
the cold sweat of death stood in large drops upon his fore-
head. Opening his eyes he whispered, (for he was nearly
gone,) *'0h that my poor mother was here. She has pray-

140

NOTES OF AN EXILE, ON CANADA,

ed*for her wicked son a Ion{r, long time, and now I believe
her prayers are answered^ for I feel, I feel that I am not
sfraid to die. I don't ieel that great load of sin now — it's
all gone; and, somehow, it looks bright and pleasant yonder
(looking upward as if the gate of heaven were visible.) —
Oh! that I oould live a little longer. It seems as if I could
persuade all the prisoners here to forsake sin and love God«
I am happy! — how sweet death is — how dreadful sin looks
— how merciful Jesus is! Oh, mother! dear mother, we shall
meet there! — till then fare — ." The word remained unfin-
ished; for the crushed and broken spirit of the convict, th€
<2oomed, the lost, the degraded outcast of earth, shook off
its earthly chains, and it is to be hoped stood regenerated,
free and blessed, in the presence of the Eternal One. How
many favored sons of fortune, who despise their fallen
brethren, pass from the scenes of earthly grandeur, and th«
enjoyment of earth's richest blessings, without one ray of
that cheering light which shone upon the convict's soul
to illume the shades of death ! But seldom, indeed, does it
happen that the last moments of the convict are otherwise
than most horrible and wretched. Oaths and blasphemy,
too frightful too be heard, ore, in nineteen cases in twenty
at least, the last sounds which proceed from his lips. This
is a natural consequence of the wretched hulk system. The
responsibility resting upon the British government in this
respect is fearful. Although a member of society may, by
crime, forfeit his priTiliges as such, and possibly his natural
right to even life itself, but what offense against the laws of
either man or God can confer the right upon government to
destroy the soul as well as body, and shut the gates of
heaven, as well bs the doors of earth against him 1 Several
thousand men, boys and females are yearly doomed to drag
out existence either in Van Dieman'-s Land, the hulks, or
places of punishment conducted upon similar principles. It
is, however, a cause for much rejoicing with philanthropists,
that the attention of the government has of late been direct-
ed to this important subject, and highly satisfactory exjj^ri-

ENGLAND AND VAN DIENAN's LAND.

241

made at Pentonvillo, England, upon the silent system of the

Unitec

ith

view to adoptincj it altofrether.

A convict, or *'bay ship," as tho prisoners dosi^natod her,
mado h(;r appoaranco at Spithoad al)out tho iniddl»; of Sep-
tcnd)cr, and (exportation was on tiptoo witii regard to who
wcro likfiy t(j b(;oornc a i)art of hor carf^o. 'J\vo hundred
ajid forty ohmi, anionirst whom wore (Jrant, (i(Miunoll, HcH^mor
and myself, woro drafted from tho York and Leviathan ludks
for tlie voyaire. A suit of ik^v clothes, ineludini^ a pair of
irons, was served to each man ; and the privile«jje of writing
to friends was ^raiit(ul. jNlaJiy of tho men wcere anxious to
bo sent; preferrint,' to endure tho ineonvenicMU'es of tlie voy-
HjfQ and the terrors of a penal colony to remaining at the
hulks. Indeed, I bc^lievo many poor people who are unable
to emigrate, commit crime on ))urpose te be trans])orted to
tho Australian coloni(?s, tii'iiking it better to live there as
convicts for a f(!\v years, than to endure the privations of
liomn. Jjut th(^v must be; luridmeu (^'' fools to do 9X).

AVhen we left the hulk. Captain Nicliol mi cal'ed me into
his cabin and a tear trickled down his iu-ek as ho grasped
my hand and bade me farewell. • \ ou are goi^; „" he said,
"to a distant country, where the; henrts of num are steeled
against prisoners, and your fate will, I greatly fear, be oa;; of
suflering and misery. TJjc consciousness of undeserved pun-
ishment will doubtless enable you to bear the worst, and the
day of deliverance will come, sooner or later. Doubtless the
same orders will be sent with you as I have myself received,
with reference to your treatment ; but at the very best your
condition will bo bad. Trust in Heaven!"

We were conveyed i" launches to the "Canton," a vessel
of about three hundred i: .i:5, lying at Spithcad. On our way
wc passed over the spot where the "Royal George" found
her grave. Attempt ; had recently been made, and with par-
tial success, to rni J her timbers, by means of gunpowder and
tho galvanic battery.

We were received on board the Canton with about as much

ceremony as would have been shown to as many swine. A

caution was given us with regard to proper conduct, &c.,
10

£42

NOTES OP AN EXILE, ON CANASA,

after which wc were turned below to make ourselves at home
in our new prison, and as the vessel did not sail for some
days, we had leisure to familiarize ourselves with its horrors.
While the vessel lay at Spithead, 1 received letters from
the Rev. Dr. Thomson, of Coldstream, Scotland,* Honorable
Joseph IIume,t Thomas Falconer, Escj., and Mr. John Childs,
of Bungay, expressing the deepest sympathy for myself and
captive friends.

'The Reverend Doctor wrote as follows:

CoLDSTRKAM, September 10, 1S39.

Mt Dear Sili, — 1 iloly receivpil all the letters you nddressed tome since 1 last saw
you in Newgate, but understanding that you would leave the country in a few days, I
declined writinff because 1 saw very little probability of any letter from this reach-
ing you befure you sailed.

I have not, however, been nnmindlul about your lamentable situation. Believing
it to be one of ihe most distressing cases 1 ever heard of, 1 was very anxious after
the release of your fellow prisoners, to a«cert;iin whether somelliin;^ uiiglii not still be
done to secure a free pardon fur you and Mr, Grant also. I had for smne time a
glimnierin;; hope, from what Mr. Childs had written to ine on the subject, but a recent
communicaiioii from that gentleman has led me most reluctantly t'l the cmiviction that
any such hope must for the present Le reiinipiislicd. The only lhin^ 1 can think of
now is to try to jirtK-ure a panlnn nl'ier you havi; rcaolie<l the place dI' ynnr present
unhaopy destination. }>iit how that is to be ellected I really do not know It still
strikes me that the ijublicaiion of some of tlio pa|iers in iny jmssi-sdion, eiilier with a
dedication to ilie (JnivMi nr an uri,'ent letter m the (Jolnnial Secretary, min'it answer a
good purpose. It iniuiit excite a deep interest in ynur favtir among pious and com-
passionate people, and lead them to exert tliemselves to obtain your release; or at
any rale to secure fi>r you tlie most conilortabie treatment in the land of your banish-
ment. Vv'ei'C I to pu'iii.sli anytliing will) this view, I sliould like, provided vmu receive
this in tiiiw; before leaving Kngland, th ityou would Wiite a narrative oi'y(<ur life, (with

some account of your family, ii.c.) from your birth up to the present day

Now do this immediately, if it is to be done, and enclose the packet under cover to

Mr. Hume My heart really bleeds for you. 1 woulil wish to do everything

possible to have you restored to your family and to liberty. I still cling to the hope
that the many and earnest prayers presented it) your behalf, by your parents, sisters
and otiiers will be heard and .inswered in the way they wish. I am sure they will be
answered in the best wny. Keinembor me with much sympathy to Mr. firant. May
God Almighty bless you both ! May He comfort your hearts and ultimately "compass
jou about with songs of deliverance ! "

1 am yours atVeclionately, ADAM THOMSOX.

t The following extract from Mr. Hume's letter, dated at London, ITih September
1639, shows how much we sudered from "expectations removed" ami " hope defer-
red," yet it was such slight and doubtful encouragement which saved us fnuM despair :

Mr. Hume assures Mr. Miller that the case of himself and other Canadian prisoners
■hali not be forgotten ; but at present the changes in the ministry ainJ other matters
prcTCnt their case being known and attended to. There is in the Toronto newspapers
received yesterday a report that a/2 the prisoners in both the Canadas are to be dis.
charged. Sir John Colborne leavec, and Mr. Poulett Thomson and others have gone
out. Mr. Hume thinks that when Mr. Thomson, the new governor, arrires, lemethins
'^rillbo done. tt.«t«

EKGLAND AND VAN DIEMAN's LAND.

243

CHAPTER XIX.

Regulations, &c., of the Convict Sliip.— "Weigliing Anclior." — Apostroplie to Eiif-
land. — Sea-Sickness. — I'rofuiiilv, &c., of ilie I'risoners.— Kindness of the Surgeon.
The Prisoners' Sclmol. — A. Calm in the Tnipu i. — Figiiiiiig amciny the Prisoners. —
History of Henry Williams. — .'^hntks, All).ur.)s, &(!. — Trisinn Je Cunha. — Doub-
ling the Cape uf Good Hope. — Burial uf the Dead at Sea. — Van Dieman's Land in
Sight.

The middle deck of the Canton, froni the main liatchway
forward, formed a lloatinir prison for 2 10 men, dnring a voy-
acrc of two tliirds tlie cireninfcreiice of the iriohe. The
accommo(hitions were far better than we ox])ericnocd on
the "Captian Ross.*' Two tiers of Ijerths, large enough for
five men each, were fiUcd up on (Mihr-r side, and thirty ham-
mocks were slung at night in llw^ intermediate s})ace. Tho
height between decks was six f '(jt (;i'.riit inches. Two larcrc
hatchways, always kept open, l)nt s-'cured with iron bars,
ventilated the prison. Tiie iloor and berths were clean, and
a iri-oper regard to the heahh of tlie prisoners appeared to
be scrupulously observcul. For convenience in rationing,
they were divided into twonty-fonr messes of t<^n men each.
Eleven ounces of suij) biscuit of an interior quality, one half
pound of salt meat, one pint of \h)u. soup, or live ounces of
Hour made into a plain suet pudvling. one i)int of sweetened
tea for breakfast, and llie same (juantity of cocoa for supper,
were allowed each man daily. A small quantity of wine, or
lime juice, was also served to each man, as a preventive to
scurvy, a disease well known on convi(;t ships, and indeed any
vessel in which salt jn'ovisions are us(;d during a long voyage.
Vinegar was likewise allowed for the same ))urposc. Two
men were selected as cooks for the v< ya]^e, which duty they
performed satisfactorily to all who w jrc not particular about

244

NOTES OP AN EXILE, ON CANADA,

'* the peck of dirt." Twelve men were formed into a con-
stabulary, whose duty it was to maintain order and report all
irregularities to the surgeon, Dr. John Irvine, II. N., who vis-
ited the prison daily, and heard any complaints which the
constables or men might make. The prisoners were under
his exclusive charge, and the captain had no right to interfere,
except in cases of emergency, lie received from the govern-
ment, as a compensation for his services, one guinea ]>er man,
for those only whom he landed at Ilobart Town ; thus mak-
ing it his interest to treat them well. He was an Irish gen-
tleman of mild deportment and christian principles, and had
served professionally in the British navy, for twenty years.
The safe custody of the ]»risoners was entrusted to Lieut.
Colonel Ilulme, of the OOtii, with a guard of ibrty men. —
Most of his regiment were already in Van Dieman's Land,
and this officer was going out with the detachment to join
them.

On Sunday, September 22d, 18.30, at half past ten o'clock,
A. M., the boatswain piped, '• All hands weigh anchor.'' As
the sailors manned the windlass and half chanted, half sung,
the customary song, so touching and aji))ropriate to the occa-
sion, it seemed to me that the anchor of hoj)e, which held
my soul to earth, was being torn from the rock of faith, and
confidence in God. Though the storm of adversity had beat-
en hard upon me and I had been tossed upon the billows of
affliction, hitherto my strength had been e(iual to the emer-
gency, and 1 had found something to which I could cling, and
defy despair; but now, the dark picture of the future, which
my imagination drew, presented no light shade, no friendly
beacon, to encourage hope, and render existence tolerable. —
The remainder of my days were, perhaps, all to be spent with
the outcasts of earth, and friends, and home, and country,
never to be enjo) d again, except through the kind offices of
memory. There was but one source of comfort left, and I
sought to avail myself of it. It was to trust in the prisoner's
God. I knew that He w ho " tempers the wind to the shorn
lamb" would never leave nor forsake me, so long as I "cast
my cares upon him."

ENGLAND AND VAN DIEMAN's LAND.

245

>f
I

The view of Spithead was one of the finest which I ever
beheld, hi beatinc^ out of the ehaiinel. we twice passed near
the lovolv town of llvde, on the Islc^ of Wicht. loiifj' named,
on account of its rich and deliirhtfnl scrnorv, "the iiurden of
England." It appeared to jik; a perfect ])Mratlise on earth,
and I (Mivicd the poorest inlial)itant, wlio dwelt atnid such
fairy scenes.

Adieu to thee. En-jlnnd. thou hJLdiiv favored land! Manv
a lesson, v;dual)l(! to nii^in ni'tor life. <h"d T learn upon thv
shores. ]\[any a happy hoiu', in s|tite of l)oiids and ]>rison
walls, (lid I spend whilst thou h(dd nie a captive, and very
manv Uu\'.: and wretched davs of a'/onii/inii" miserv thou didst
also deiLHi to hestow upon me. The hriirht and the dark
pictur(3 of human life Aven.* thine to show me. Thy farorcd
few have passed in a'nu'ly an-;iy helore nv — ihe wail of thy
oppressi'd and star\inii: millions has sounded in luy ear. Some
of thy sons have held out 1o me — a captive ^t^al!'Jer in a
straiiL'e land — the riLjilt hand of friendship. Tlicy hnve sof-
tened th(^ |)ains of imprisomii'Mit. and swecten(Ml the (;up of
woe. Th'-y hav(> disarmed my yontliful mind of prejudice,
and tauulit me to love I'linlislimeii even as I love my own
countrvmen. l^it those exalted to he tliv riders, hv iiijustice
and oppn.'ssion have; taught me to hate and despise thy go-
vernuKMit. Adieu to tlvi', KiiLilaiid! Live on in thy irlory;
clothe thyself in thy I'ich npparel while thou cnnst. for mi:m:,
MENT. 'ri;K!:i,. is written upon thy walls; thy days are nutn-
bered, and thy ulory will ere lonu' h(> Inid low in tiu; dust! —
Generous, nohle-hearted Britons! friends of the captive stran-
ger, a kind adifui!

We were two days in mnking our way into the open sea.
No sooner were the sails uidurled than sea-sickness conmienc-
ed, and in, a short tim(3 became general. There were only
half a dozen ]tersons in the ])rison who escaped the malady.
"Accounts were cast up" without ceremony, not only on the
tloor but in the ])erths; and our apartment was rendered truly
horril)le. An entire week ])assed before it could be properly
cleansed. Meaiiwhile the horrors of the convict ship began
to be realized by myself and comrades. I speak not of ac-

246

NOTES OF AN EXILE, ON CANADA,

commodation and treatment; lioth were as good as would
have been expected, and far hotter tlian is usual on board
vessels of that eharaeter ; hut t<» me chc ]>rison was a lloating
hell! The most horrid l)lasi)luMny and disLaistini:; obscenity,
from davliu'ht in tl](^ mornin'.: till ten o'clock at niu'ht, were,
without one monKMit's cessation, riii'rinrr in my ears. The
general conversation of tiicso wretched men, related to the
crimes oi" which they proli-ss'-d to have been guilty, and he
whose life had been most ini(|uitons was (!steemed the best
man. I tri'.;d to close my ears and shut my eyes against all,
but found this a dillicnit task. With the assistances of books
which were kindly loniu.'d me by the surgeon, and l)y persc-
verimx in mv ellorts 1 lin;il!v trinMi!)hed and was enabled to
shut out the dreadful sounds and !i\e on in the midst of those
horrors in an ideal WDrld of my own.

Some kind friend in Enuland haviuir written to the surgeon
in behalf of Grant, Gennnell and myself, every possiijle indul-
gence was granted us, wliich excited the ill-feelings of the
English prisoners, wiio g x'rally strove to annoy us as much
tis practicalde, anrl this was not a little. Gemmell was ap-
pointed "siu'geon's mnte," and had charge of the hos])ital, (a
room adjoining the prison, fitted u]) for that pur|)ose,) where
he was quite comfortable. Grant and myself had a berth
fitted up exclusively for ourselves, in the centre of the prison
and near tiie hatchuMv; the fres'i air wlfu.'h we enioved in
consequence rendered our condition far better than it could
otherwise have l)een. \Vc also had pen-mission to go on deck
when we chose, and the promenade of the forecastle, from
which the other ])risoners were excluded, was a privilege
lii^hlv prized. As for Beemer, he was ,'xenerallv treated
according to his deserts; but the fellow made himself busy
during half the vovage in fruitless endeavors to deprive us of
the surgeon's friendship. Another favor allowed us was that
of drawing tea, sugar and flour in lieu of such rations as wo
could not eat, and cooking our own tea. An extra allowance
of water was given for the purpose.

I did not recover from sea-sickness until the vovasre was
more thrn half completed, and, as I was unable durins: the

ENGLAND AND VAN DIEMAN^S LAND.

24T

time to take much sustenance, I was reduced exceedingly
low. The surn^oon afterwards informed mo that he liad at the
time, but slicrlit iiopes of my living' to compL'te the voyage.
When, however, I regained my health, my appetite ran to
thQ.op])Osite extreme, and if I faikui to eat every thing within
rcaeh, it must have been owing to some deficiency in my
teeth.

All bands were divested of irons soon afte'r we sailed. —
Tills is eustoiiKiry on board convict ships. Were it otherwise
the ehiiikiiig of chains would drown even the blasphemy of
manv voices.

A school wns opened during a ]\art of the d:iy, and all were
allowed to attend who chose. Slates, arithmetics and sj»ell-
ing-books were furnished, and several t(Nichers appointed by
the surgeon, who usually spent a short tiiiK^ in our apartment
during school iiours. I was dubbed '"tejicber;" but found the
task of instru<'ting' oJd ideas ''how to shoot"' rather dull. —
There was so much wickedness constantly going on that but
little progress could be made in any thing good, and after a
short time our nuinl)er dwindled down to teachers only, all of
whom knew too much to be instructed by the others, and so
we had a vacation which lasted to the end of the V(»vn<j:e.

Favorable winds carried us ([uickly across the stormy Bay
of Biscay, and we soon saw the j)uak of Tcnerilfe, at a dis-
tance oi ili'ty miles, its head far above the clouds that inter-
vened. As v.'e approached the equator, a ealin which lusted
several days succeeded tlie north-east trades^ and we had an
opportunity of experiencing the almost insulferable heat,
which never varies but slightly in that latitude. Although
three pints of water were allowed each man to drink, they
sulTered extremely from thirst, and some of the i)oor lellows
appeared to be more than half deranged in consequence.
The health of the prisoners, owing, no doubt, to the liabits
of cleanliness which were strictly enforced, and the not
unwholesome diet, was urmsually good. There was at this
time, but one prisoner in the hospital ^ and his complaint was
of a pulmonary nature of long standing. Another cause for
this general good health was, doubtless, the length of time

248

NOTES OF AN EXILE, ON CANADA,

the men were kept on deck. In favorable weather, they
were not allowed to spend more than one-fourth of the day
below.

Although the quantity of wine allowed each man was
small, its effects were always visible for a few succeeding
hours. Loud talk, singing songs, spinning yarns, alterca-
tions, and fighting, were the order of the day the moment
the wine was served out. I have often counted a dozen men
settling their little quarrels at such times. A ring around
the belligerent was always formed on these occasions by the
^Mookers-on," and seconds duly appoinlod to see fair play.
The practice of fighting, among the lower classes of the
English and Irish, is far more common than with my country-
men. Indeed, I do not recollect having seen but three or
four instances of this disgraceful practice during my life in
my own country. A systematic code of laws, for tiie guid-
ance of the principals and seconds, was universaliv known
and observed. Kicking, striking, or ollering any injury to
an antagonist when down, "gouging eyes," so common in
the civilized state of Michiuan, or anvtliiiifj!: of the sort, was
never dreamed of among these scientiiic warriors. They in-
variably i'owj^hi from pr in t:i J)/ c and accor(U)if>- to law.

There was one young man, among this herd of criminals,
whose superior conduct and manners early interested me. —
Henry Williams (an assumed name) never associated with
the wicked men who surrounded him. He was gentle and
mild in his manners, and his melancholy countenance was
never seen to light up with a smile. Whatever of good or
ill fell to his lot, he never murmured, but bore with truly
christian meekness the frowns of adverse fortune. I sought
his acquaintance, won his confidence, and he became to me
a friend and companion. His history was a sad one. He
was the only son of respectable and wealthy Irish parents,
and had received a liberal education. While spending a few
months at home, after the completion of his studies, he be-
came attached to a peasant girl, whose parents were poor but
honest. Without consulting his friends, who, he well knew,
would object to the union, he married her clandestinely, and

ENGLAND AND VAN DIEMAN 8 LAND.

249

■=")

then, upon his knees, confessed all and besoiight forgive-
ness. He was turned from his father's door with the curse
of both his parents upon his head. Willi but slender means,
he repaired to London with his bride, thinkin<^ to obtain
some assistance from a rich uncle, but his hopes were cruelly
disappointed. Friendless and a stranger, he soujjfht employ-
ment for a lon»^ time in vain, b\it, when his last shillini^ was
spent, he succeeded in olitainino- ;i situation as book-keeper
in a mercantile house, which allbrdetl i)ut pf)or su;)port for
himself and wife. In one vear he becanu' a fiither, but
when his wa<j^<\> were most needed, the house failed and left
him nothiiiL^ but a character from his employer. Willi this
he wandered throuti'h the streets in search of I'urther eniolov-
raent, until his child died from want, aiul his wife was almost
dyino- from the same cause. She had eaten nothiii<^ for three
days but a crust of bread, and he had fasted double that
length of time ; besides, the rent of his house was in arrears,
and on the following day they were to be turned into the
street. Passing a jeweller's shop that evening, for the first
time in his life, he felt tempted to steal, lie could have
starved iirst, himselt", but his })oor wil'i; must have food that
night, lie stej)j)c(l into the sho}), told the jeweller his sad
story, and asked for the loan or gift oi a shilling, to buy
some bread, but was turned out of door. In a fit of frenzy
he broke a pain of glass in the window, seized a chronome-
ter and ran towards his wretched home.

"Stop thief!" immediately sounded in his ears, and in a
few moments he was in custody of a polieceman, who, to
ascertain the truth of his statements went with him to his
home. When his wife heard the horrid tale of his guilt and
detection, she fell down and expired in his arms. He recol-
lected nothing further, till he found himself in court, ar-
raigned for trial. In reply to the usual question of " guilty
or not guilty ]" he answered, " guilty,'^^ and was sentenced
to transportation for ten years. Such was this man's melan-
choly history. The curse of his parents seemed to follow
him, for within a few months after his arrival at Van Die-
man's Land he died in the lunatic asylum at New Norfolk.

250

VOTES OF AN EXILE, ON CANADA,

While within the tropics, the sailors caufjht several sharks.
They were taken witli a large hook, baited with a piece of
pork wliich weighed I'otir j)oiinds. The hahits of this terror
ol' the deep are too well known to be particularized, and I
■will only adil, tiuit I ate a morsel of one which the captors of
the lnisj;e animal cooked. The llesh was coarse and not over
pleasant, I should judii;e, to an epicure's taste. An aibatros
was taken about the same time. The noble bird was ob-
served swimniino in our shii)'s wake, one calm day, and
apparently busy in picking up something eatable iVoni the
rcl'use thrown overboard. A hook, attached to a line, baited
with a small strip oi" red flannel cloth, and buoyed with a
cork, was thrown out to tem])t its avaricious appetite. It
took the bait al once, and was immediately hauled on board,
during which process it struck one oltho sailors a hard blow
with its wing. The size and shape was not unlike that of
the swan. The body was clothed with a thick down, of
snowy whiteness; its neck long and graceful, head bald,
bill long and slightly curved, eyes large, dark and piercing,
tail, when spread, of a light, and wihgs of a dark brown,
long and arching. It measured irom tip to tip of the wings,
fourteen feet seven inches. The sailors cooked it, and I ate
the heart and liver, which tasted not unlike those of the
wild duck of America. The aibatros is the king of sea-
birds. Tliey may generally be seen at all times in the
warmer latitudes, sweeping through the air in circuits of
about one-fourth ol' a mile, and never strike the air with their
wings, but rise and fall in their flight with the most syste-
matic grace.

Mother Cari/'s chickens frequently made their appearance,
but were not always followed by a tempest, as sailors believe.
They are a small, dark-colored bird, quick in their motions,
and only fly in high winds, which accounts for their being
considered as precursors of sea-storms. A large number of
sea-gulls, of d liferent species, were always visible from the
deck, and shoals of llying-fish were common.

Soon after sighting Trinidado, a barren, lofty rock, three-
fourths of a mile in circumference, the Canton tacked and

ENGLAND AND VAN DIEMAN's LAND.

251

stood toward the cape of Good Hope. The south-cast trade
winds render it necessary for ships to sail tiius far west, in
order to "double tiie cape." On thu lOth of Novemljer v/e
arrived at Tristan de Cunlia, a hniall ishiiid Ivinti' about fif-
teen hundred miles we I of Africa, and how to ilurinn; the day
for the purpose of obtaining sonic fresh provisions. We
were soon 1 oanled by the p;ov(. rnor, accompanied by several
of his subjects, ainonij; whom 1 soon discovered a country-
man; lro!n him I lL"<!rn':l some interesting particulars of Ins
adopted Inland Ikjuic. i lie population was only iiliy-nine,
and consisted chielly of slii]) wrecked niarincis, f)f every
nation in Euro[)e a:;d t!:e new world. They obtaimd a live-
lihood by agricultural })ursuits, grazing, and trading with
the vessels which fre(]uently touched there. They had, at
that time, nine hundred hea;l of cattle, and three thousand
sheep. Their social and political condition may be described
as follows: A community of property, a written code of
law<J of their own making, and suited to their peculiar con-
dition, the execution of which depended upon the will of
their governor or chief. A due observance of social rights
and duties among themselves, and honorable dealing with
strangers with whom they traded, were the leading charac-
teristics of this singular collection of men. Several were
married and had small families. The chief, (who enjoyed
that honor iVom being the fust Fcttler and oldest inhabitant)
had an African wile and three'daughters, two ot'wliom were
married, am! my informant added with not a little pride,
that he had tlic (r.>ting'uished lionor of being tlie kin<j^^s son-
in-hnv, and when the old man died should be his successor.
They acknowledged allegiance to no government except
their own, and their independence had been tacitly recog-
nized by t'le vessels of every nation by who m they were
visitcil. Hitherto, they had lived in peace and amity, and
their laws had been, in general, strictly observed. I inquired
of ray countryman if he had no wish to return to the United
States, but he promptly assured me that nothing could tempt
him to abandon the island.

After obtaining a quantity of fresh beef we again made

£52

NOTES OF AN EXILE, ON CANADA,

sail, and in ten days doubled the capp, in dolnnj which we
crxpcrienced a terril)le gale that lasted several days. The
sea ran mountain high, and we ran bei'ore the wind under
bare poles much of the lime. We liail favorable winds the
remainder of the voyage, with the exreption of i\ ^^ white
squall,^^ which sudderdy carried away the nii/zen, main and
foretop-gallant masts, but as fair wcatlier succeeded, new
spars were soon erected. Tlie health ol the ])risoners con-
tinued good ; oidy two dratlis occurring during the voyage,
one of which was the case of C(»tisuiu|)tion before mentioned,
and tlie otlier -of apoplexy. Tliey were both consigned to
the wate.y deej), tliere to remain till the sea shall give up
- its dead. Tlie burial service was read by the surgeon on
each occasion; the caj)taiii, odicf-rs, soldiers, sailors, &c.,
being in atlcndauce. 'J'he corpse was sowed u[) into a ham-
mock, in OIK! end of which two cannon balls were fastened
to sink it bencalh the surface; coxcrt^l with the " Union
Jack'' and ])1aced upon n wide b()ar<l, one ( nd of which
extended o\er the side of the vess(d. When the words, so
touching and beautiful for the oeciision, weic jx'onounced,
" we therel'M'O co^ nit his })ody io the deep,"' iv.e., &.C., the
board was i aised, a ))lu!ige succeeded, and llie slight ripple
of the parted waves, as m'o sailed on, soon <lisappeared.
This was the end of our comnanlon!

On the llth of.Ianuuy, ISj'), we ])assed aro nd the
southern point of \^au Dieinnu's Land, wld(di, however,
from a thi(dx fog, Avas not visible: and I felt that 1 was near-
ing a new home of suffering and woe.

ENGLAND AND VAN DIEMAN'b LAND.

253

CHAPTER XX.

Reflections.— Lnnfl, iVr. — Arrivul.— Tlie Insppriion.— Melnnrlioly News of ilie Oealh

of Tliree Ciiniiili.in Prisoners. — Aloxiiriiler MfLeiul.— A Fi, hi (Jdiiig on f^linre. —

The Hiirrack-'.— A <.iiiuiiiliiry.— TiriiDthy (ireeily iiml lii* I'lpe. — Uiiyinjj d I'air uf
Kuee-Bieeclies — tjir John Fiaiiklin. — The ypeeiilici.

Rkader, wouldst thou know aught of tlie land of Nod ? —
Hast tliou any desire to ho made acujuainlcd witli the sad
Gonscquences of crime? Hitherto, tlie veil has heeu l)ut par-
tially lif'tetl, the lute of the English felon in ^'^ free and happy
i-'/ig/a/jt/ " oidy, has been described. Wouldst thou learn
farther? These ^notes embrace not merely the history of
the sufferings of piditieal prisoners in exile, hut give an
imperfect description of the crimes and woes of thy race; of
beings descended from the same original as thyself, inher-
iting the same infninitics, subject to the same natural laws,
possessing the same immortal part, and having an equal in-
terest in that world where crimes, once pardoned, are re-
membered no more, who, through error or misfoitune, are
doomed to tread a thornier path than thou ; their horizon of
earthly hopes overcast by a dark cloud through which no
cheering ray of light e'er finds its way to illumine their eter-
nal night ; their backs exposed to the stripes of ill fortune ;
their hearts crushed beneath a load of conscious guilt ; and
their spirits ground to the dust by legal oppression and brutal
tyranny. Wilt thou look upon the dark picture of Van
Dieman's Land, and learn wisdom; open the door of thy
heart to the promptings of pity and compassion, and breath*
a prayer to oimt Heavenly Father, for a blessing upon the
unfortunate ; for the angel of meicy to descend on wings of
love and bind up the broken hearted, heal the wounded

254

NOTES OP AN EXILE, ON CANADA,

spirit, and speak peace to the captive ; for the dew of
heavenly irnxcc to water tlie parclieil desert of human woe,
and its Iructifyiiioj inlluences to cause the wiUlerness and tho
solitary way to l)h)ss()ni as the vosvl Then read these notes;
they are written l«tr such as thou, and tliou inayst rise from
their perusal a wiser and better IxMni^. Jiut if thy 6ar is
closed to the voice of mercy, if the soft whisperin<j;s of com-
passion find no response in thy heart, and thou despiscHt thy
fallen fellow creature, as unworthy of a tear, close the book;
read not its dark passages of human life, lest thou becomest
a minnnthropc.

Land ! Land ! Van Dicman's Land ! IIow the word flies
throujj;h the ship! What feelin!i;s of pleasure, or horror,
thrill the breasts of,the various inhaltitants of our little float-
ing world ! The captain, the IJritish olbcer, and the kind
lieartcd siirp;con ])ace the quarter deck with cpiiek step, occa-
sionally taking a look through the glass, and exchange
glances of mutual satisfaction as the wind fri'shens on our
starboard (juarter. The soldiers and sailoi^, forgetting their
usual jealousies, crowd together on the forecast le, and
anxiously watch to eatch a glimpse of tiieir common mother
earth, and talk of anticipated pleasures. lint the ])oor pri-
soner, the convict, where is he? Does he strain Iiis eyes to
descry the cursed shores of Tasmania? Does Ids heart leap
for joy as the iron-bound coast becometi visilile? Great God !
see the hopeless glance of his eye toward his future home!
Home? Is it the happy home of his innocence and child-
hood? Does his near approach awaken those holy feelings
which friends, and kindred, and hapiness, and love, kindle in
the virtuous breast ? Oh, no ! All that the heart could love
and cherish is left behind — far away; and lost for^nxr ; and
memory, cruel memory, still clings to those dear objects, and
hope lingers on the visions of the past. But the luture, its
dark and cruel uncertainty, the years of hopeless misery and
woe, shame, degradation and death, haunt his gloomy spirit,
and he bitterly curses "^/ie/avid/" — "Mc /««<//"

I gazed upon the scene of common interest with feelings
vrhich it would be difficult to describe. I had received

ENOLAND AND VAN DIRMAN's LAND.

255

iri-

'S to

cap

rod!

me !

lild-

ings

c in

ovc

nnd

and

its

and

lirit,

many assurances from friends, tliat, at tlic worst, I was only
doomt'd to an honorable exile, and tried liard to |)ersuade
myself that surh mi^ht be the rase ; 'n spite of which, mys-
terious fdreboilinii^s of evil would arise when T whispered to
myself, '* all is well; the worst is past ; the future dawns
with (rood!" Vain hope !

Driven onward by the wirul, each momrnt shortens the
distance from land, until the eai^er eyes of the voynL^er may
feast upon the prospect, now distinct as we near some \i'\tr\i
promontory, and anrain confused and varyinj^ from the incf^u-
lar windiufT of the coast. Knou«^li, howi'ver, can be distin-
guished to form some idea of the gcnend features of the
country. Barren hills and mountains are tlie most prondnent
objects, 'riiick forests of evein;reen trees cover the surface
of the losvlaruls. At last, the Derwent opens its wide mouth
to receive our vessel which has so lotiii; sported upon the
vast sea, and now, cidtivated farms, and occasionally a pleas-
ant villa, v;iry llie scenery. Lilllo o-ardeiis in tlie midst of
the desert, smile throu«i:h the dark forests. Finally, the
metropolis of the island lies before us. I'iie view possesses
little interest beyond the correspr)iidinir associations to which
it gives rise. The certainty that some thousands of our
fellow creatir s li>ie and move within its precincts, gives
the low, indi Terent buildings, and dirty streets, a charm to
awaken <lorm;tMt thought and idle conjecture. The question
naturally arise.v to the European stranger, what is the society
which comprises this collection of tiiousands in tliis land of
Nod] Does refmement reign in the higher circles? Is
there a high state of moral feeling generally, or has crime
perverted all who inhale its cursed atmosphere, undermining
the foundation of virtuous principles I What is the moral,
social, and political con iition of the middle classes, and how
are the poor, the sulfenng, and the prisoner treated ?

At? o'clock, P. M., January 12, LS-IO, the Canton dropped
her anchor in Hobart 'I'ovvn harbor, and thus ended a voyage
of sixteen thousaiul miles in sixteen weeks.

On the following morning the work of initiation into the
mysteries of a penal colony commenced. William Gunn,

256

NOTES OF AN EXILE, ON CANADA,

Esq., principal superintendent of convicts, accompanied by
several subordinates, all of whom affected importance^ took
possession of the cabin. Proclamation was made that every
prisoner should instantly make his appearance at llie cabin
door when called, under \)ci\'d\iy oi '^ acvere jyunishment.^^
The men were summoned in alphabetical order, and in due
time my own turn came. *' Is your name JVIillei V inquired
the i^reat personage who acted as door-keeper. *' It is," I
replied. " Say '.s//',' when you addiess inc.'"' (The fellow
was a ticket-of-leave convict.) I was about to step into
the cabin, supposing; that my immediate presence was re-
quired, but was si.'i/ed by the collar and told to " tyai/."
'' When you go in, take oil your cap, say sir when the clerks
speak to you, and be sure anil /tt7/> Mr. (unui. " That is my
business ; I do not recjuire your advice,*" I re])lie(!. "-Don't
be too rowdy ; you'll L;et tanned heie." "Send in Miller,"
from within, put an end to further interference, and for the
first time I entered the '^sanctum sancloriun''^ of the Canton.
Mr. Gunn, a very respectable looking man with but one arm,
occupied ihe upiMrniost seat at the table, with an immense
book before him in which he was writing '" n marks.'*''
Three clerks were likewise employed in a simihir manner.
I waited several minutes while uiy i)redecessor was Jinished
o//', and then, alter being cautioned to *' answer promptly
find truly," my own " inspection" began : " What is your
name l Have you parents living ? What are their names 'I
How old are they i Where do they live l What is their
religion l Do they know of your being here I Are they
wealthy or poor ? Have you brothers and sisters ? How
old are they ? Are they married ^ Have they any children]
What is your own jige ] Are you married i Where were
you born ] W^hat is your trade I What your religion '(
What is your crime 1 What sentence I Can you read,
write, and keep accounts'? " Answers to these questions
being duly chronicled, I was ordered to pull '>lf my shoes
and stockings, which being done, the " measuring rod" wa«
applied. " Stand up straight, no skrinking, no stretching."
My height was declared to be ^'•jest six r..<'t." I was then

ENGLAND AND VAN DIEMAN S LAND.

•257

len

commanded to strip to the waist, and my person was closely
scrutinized for anv marks or scars by which I might be iden
tilled in case I became wicked and depraved enough to run
away. After my Lead and face had been minutely described,
'* that will do," was pronounced in a condescending tone,
and I was about to "make myself scarce," when Mr. (Junu
said, " Did you know Wait and his comradt's!'" T replied
in the aihrmative. "McLeod, McNulty and Van Camp ait,
I am sorry to say, dead. They lived but a short time altti
landing. The others are in the interior and are well. 'J'iiey
appear to be very good men. I hope you and your » onuadts
will conduct yourstdves as well."" " May I ask what tlicii
Ircatiiicnt is here?''' " Oh, they are on h'ln at present, I l)( -
lieve ; but 1 can not answer (pieslions, — you may go.'" ''So
this is a specimen of Van Dieman's Land," I said to myscll,
as the impertinent door-keeper half pushed me out of tii*-
•-■abin.

Three out of nine of my late comrades were dead f Tins
was sad news indeed. Poor McLeod, too, was one of thr
number. Never have I known a more noble specimen of the
human race than was Alexander McLeod. Comparatively
faultless in person, mind and heart, he won the confidence
of all his fellow prisoners; and in Canada, England and Van
Dieman's Land, the sympathy of those who had him in
charge. Mr. Wait, in his narrative, says, '•'lie (ihe sur-
geon) inijuired for poor ^TcLeod, and on being informeil of
his removal to number foiuieen (dead-house) he said, " I
feared it! I wish to heaven I could have saved him, but he
came too late for our skill. I never saw as perfect a model
ot a man as his; and I a.u sorry to say that I candidly believe
him to have lallen a victim to the barbarity of the surgeon
of the ship, who ou<j;ht to be j)laced in the same situation
tJiat a dozen of his men are already in, since landing.' " fn
speaking of his interment, the same author adds, " Fiv" days
afterwards, a boily ot prisoners who had come in the 'Mar-
(^uis of Hastings" were sent to the hospital to hury the dead.
They anived, and found the body on a table in tlic ward cut
in many pieces, with its entrails Ivinc; beside it. Thev
, 1%

258

NOTES OF AN EXILE, ON CANADA,

: i

^atliered the pieces together and put them in a cotfin oi
routrh boards, and behold, it was poor McLeod, whom the)
all knew and respected. The scene was revolting, but thert
was no alternative. They carried him away and laid him m
,1 stranger's grave, without ceremony, or one mark to distin
iiuisii the spot from the thousands of felons' mounds around
h'ni."'

.idiiii James McNulty and Garret Van Camp were hotl:
ipii'j,hl, well disposed men and esteemed by their comraiies.
They, loo. esca})ed from British thrahlom through the grave.
The tormer, says Mr. W., died of consumption, but thi
latter from an injury received while drawing a cart. \Va>
it not lielter to die even thus than to live a slave/

Koui years after McLeod's death, having obtained permis-
inission to visit Hobart Town, I spent considerable lime ii
truilless endeavors to discover his resting place; the Canadiai
prisoners having in contemplation the erection of a grave
>iont as a simple tribute to his worth. When compelleil l<
'o abandon all ho]n3 of finding the grave, 1 sal down .im
penned the following lines, winch were ])ublislicd m liu
"■Colonial Times," of liobarl Town. I introiiuce then.
h»'ie out ot icspect to the memory of the dead, and not as
t»«)ssessing literary merit :

I sought I ho gnivfi of my f'ripnd.

Amid ihf! slumb'ring dead ;
in ilio yard wliero outcast men

Are doomed tu lay tluir \iCH<\.

Wheru the wrong'd and injured lir.

Neglected and forgot ;
And the ravon'-i mournful CIV

Alone bewaiU tLt-ir loti

Where the felon finds at io*
An end to sin and crime ,

His woary pilgrimage pass'd
And sorrow liealed in Time.

\V'l;erf :\w free and bond both kleef.

In earth's cold, dismal coll ;
And the gaoler, Death, doth keep

And tend his prii'ners well.

ENGLAND AND VAN DIEMAN's LAND.

I sought in vain the place

Whcro they had made his bed:
The sexton had left no trace

Of the forgotten dead I

Stranc'er ! wouldst thou wish to heai

Whv I thus soiitiht that Ktavc.
To niiiigie a comrucle'si teni

Witli ashes of the brave '

259

J was to bid iiim sweetly resi.

TiioiiEh in a foriMgn land •
And plant a rose on liis breas:,

Cull'd by a comrnde's hami

To erect an humbie stone-
In honor of tbe bravt,

With tliis inscribed tl.ercor! :
■' Thie IS a I'li'.rio' s t'luve,"

On the third day a o;L'nllcmaii by the naiae ot M^igai.
.1 [lolici; inagistiate, and editor of the "Teisinanian VVeekl\
flcview," came on board and inquired for me. A friend ii
Kn;jland had wrillcn to him in Ijehalf of myh-elf and coin
rades, and he called to tender his services. He had beei
■111 C'lliicer in the I'ritish army during the lat>t war, and hai:
smcfi made a tour throui^h the United States. Me talked.
riUi.!. of our institutions, American enterprise, ice, wljicl:
111.' L':realJy admired; but was very litter upon the subject <>!

uthern slavery. He acknowledo-ed that in espousing; thi-
ie of the Canadians, I had only copied the example ot

■'.{)

C.lUi;

Kn<ilishmen, v.ho were proverbial for meddlini:^ wiih the
politics of their neiichbors. It was natural for the Vankef ••

:r. v^ish to "(vT/c/k/ tlic area of fncdom^''^ and annex Canada
IS a tree state. He i)''omi.sed to use his influence with thu
ioi(>nial i^overnment to have us set at liberty in the col(»(i\
and said it would reflect eternal disgrace upon his I'ountry it
iny attempt was made to treat us as felons. T afterward-
saw two of his ])apers, which contained an urfrent apperd t i
the lieutenant governor to treat us with that liberalitv whicl
tiic nature of our otlenscs demanded. ''Our crirhe mms a
sterling virtue in the estimation of nine-tenths of the civiliz-
ed world, and no attempt should lie made to de-jradf «»:

260

NOTES OF AN EXILE, ON CANADA,

I »

punish us by unnecessary severity. Such a course would

create a sympathy in our behalf, and render the government

which oppressed us contemptible in the eyes of the world,"

&c.
If thou hast ever made a long voyage, reader, I need not

tell thee how pleasant the sight of thy mother Earth is at
its termination; and how thy feet itch to kiss her fair cheek
once more. How dull and irksome thy old friend, the ship,
becomes when forests, fields, meadows, and flowery gardens,
are beckoning thee to come and taste their sweetness ! Al-
though hope of liberty on land was daily becoming more faint.
I felt ai;xious to tread upon terra firma, to learn the worst,
and meet the fate that awaited me as became a man. Any
thing for a change, and to get rid of the dull monotony o(
a ship.

On the morning of the 17th January, the cry of ** Roust
out there! turn out! turn out! going ashore! huzza for the
shore!" resounded through the ship long before gray morn-
ing dawned in the east. It is natural for a proud young man
to be rather fastidious in performing the duties of his toilet
upon all important occasions, and as " going ashore " was a
great event, I was very naturally thrown into a little flurry
about dressing. A solitary lamp was suspended near the
hatchway, but only cast a few glimmerings of that which I
so much needed into my eyes, making it necessary t: tryst
entirely to the sense of touch as there was no time to lose.
In the hurry of the moment I committed a trifling blunder
by putting on my — what shall I call them ? — nay do not
hlush, fair reader, if I tell the truth without mincing; it was
my knee-breeches — first in an inverted order; then the Avrong
side before; and lastly, rendered desperate by the cry ol,
*■' turn out there ! launch alongside ! — what are you doing
there below I " I made a vigorous shove with my foot,
which — oh, horrible to tell ! — carried away at least one-half
of — ol — the scat! ^' Curse the breeches !" said I, " what a
pretty figure I shall cut on shore now 1" Nay thou wouldst
»ot have laughed at my expense, reader, hadst thou been
presenr, for it was all done in the dark, and even now thou

ENGLAND AND VAN DIEMAN's LAND.

261

wouldst never have known this important incident in a pri-
soner's life, but for my perfect good nature in relating it. I
have a piece of advice to append, for which I expect many
thanks. It is, never to do any thing in a hurry in the dark.
Take time to feel thy way, and in getting out of bed at night
mind where thou puttest thy loot ; serious mishaps may
always be avoided by taking time to feel. Again, if thou
art in mental darkness and canst not clearly see thy way, be
not hasty; take time ; thou wilt soon get more li<>ht ; make
further inquiry — research; nor take a single step until certain
of being rlghl. It will save thee thy reputation, tliy money,
thy friends, tliy own self respect. How easy it is to do one>
self or friend an irreparable injury merely by acting with
haste in the dark ! If we wait to hear but one side of .'i
story, and that too misrepresented; if we take but one view
of an important su])ject, and that perchance a false one; or it
we shut out our eyes to the liaht which a liltlo trouble and
patience would brinjj; to our aid, we may justly expect thai
darkness will bliglit our fairest pros])ec(s and iinally annihi-
late our lundest hopes.

But the launch is ready, and now '' tum])le up ! tumbh; u|i
there I huzza for the shore ! huzza! huzza!" WJiat a rush
to the gangway ! what crowding ami jamming, pusiiing and
pulling, cursing and blaspheming among the poor \vrel>.'hes!
Little do they realize what the shore will prove to them, or
they would be less hasty. Grant, (jcmmell and niyseli ais'
soon seated by ourselves in the boat and have taken leave oi
Llic Canton forever. I felt for one, that I was parting from an
old and tried friend, which had served me faithfully in tlu:
tempest and storm; nevertheless, I was glad to part company,
for her friendship would no longer avail me. Alas ! thus it
js with the world; a tried fricnid is cut when no longer
required to serve a purpose. A few moments brought us to
tl-e shore, and when I once more set my foot on land there
was a sensation attending it delightful in the extreme,
known only to those who have been long at sea. The whole
party were marshaled in marching order, myself and com-
rades bringing up the rear. Constables were in attendance

262

NOTES OF AN EXILE, ON CANADA,

■■ i

to see that all was right, and we were ordered to ^'move on."''
It was still dark, and so — so — but I will say nothini^ about it,
as 1 do not know what might have been seen by any shnrp-
sinrhted, malicious person behind me.

Tiic penitentiary, ^^Teuch,'^ or ])risoncrs' barnirkF. mv>
the yard of which wo were turned, like so inany calllo, tf»
spend the entire day, covered an area of about two acres,
(nicluding the aforesaid yard). At one end of the yard was
;i large church, the basement story of which was converted
into cells; on the front side the superintendent's and clork"^
olficcs, and a largo hospital; on the opjwsite the superlniend-
<mt"s dwelling house ; and on the other end a large block of
huil(lin:^rs containing a store-house, cook and bakc-]ir>!.is<',
mess-room, tread-mill — of which more anon — anrl barracks,
<'apable of liolding about fifteen hundred men. The whoic
Vv-as inclosed by a high wall, the top of which was covered
with sliarp bits of l)roken glass, which W'ould deter any person
not made of mahogany from attempts to escalade it. Th'-
mess-room is a hall about one hundred foot in length, nnd
sixty in breadth, containing fixed tables, forms, &c.. in which
tl.e old hands dine. Attached to this is the cook-house, wh.ich.
to tiic generality of pris<.iners is the most interesting j'art n\'
tlic barracks, from the savory smidl of sundry luc- t/iino-.s.
that, notwithstanding the rules of the place forbid it. nr>-
there to tempt the odd shillings and half-})cnce of crmvict
t;picures. Constables were stationed at the barrack gate da}-
and niiiht to sec that nothing contraband }iassed in or out ;
but as the fellows were fond of -'tlp,'^ trade of all kinils went
o\\ l)riskly. This "/iy;," it was said, was taken by t'vor\
L'overnment officer in the colony, from the governor d'»wr)
to scaveneM", and was what, in civilized countries, is callcfl
bribcrN'. v )ur luugage was ordered to be taken fron\ us. after
being marked widi our names, and put into the store-housr
under charge of n Mr. Williams, who was appointed tf> tiiat
• »lficc by the homo government, with a salary of fifteen hun-
dred dollars per year. We were told that every thing wouki
be properly taken care of and restored when we were entitled
to i ndulgence. But few of the boxes, trunks, &c.,- thus con-

ENGLAND AND VAN DIEMAN 8 LAND.

2(i:^

|»;nt

'.•n
ilofl

[tor

ISO

I at
[m-
ikl
led
m-

••iirncd to the safe keeping of Mr. Williams, ever find their
rjfrhti'ul owners acrain. Mv own did not, and 1 hoard mans
•'omplaints upon the subject from others. At lialf past io\iv
o'clock in the morning the bell rang for ^'hnii of//," anil then-
was a lerrihio rattling of nuisance-tiibs, kids, jiannakint-'. ^V'-..
until th(3 breakfast hour was over. We were, '2.'}S In nunituT.
])i;nnpd up in one corner of the yard, and two musfables
j)lac('d over us to see that we had no communication witfi di«
old hands, who came out in small squads to look at us; j!i;iiiy,
no doubt, expecting to recognize old friends, compani' ^ns .n
"rime, whom they had left ])ehind. Several reeognitioi.s "t
this nature took place during the morning. At six o'clock tin
mnst'-^r bell rang, and about twelve hundred men answci'cd t'
«h(nr names, took their })laccs in their respective gangs, .-irui
under the charge of overseers marched out of the bniTnck^; le
tJieir' daily labor.

liCader, didst thou ever in thv life couk^ in contac.'t with ;:
vory great man? ]f not, thou art ^'nohodi/," and it will bo 't
littli; use for me to attempt enlightening thee, for tIv'II cansl
not jiossibly comprehend the length, lu'cadth, dcjvth and licighl
ot' the great, high and mighty Franklin — Capt. John Franklin,
Jv. i\. — Sir .John Franklin, K. T., Lieutenant Clovcrnor ;!
the island of Van Dieman's Jiand and its dcpcncics, C'(tm-
mander in Chief of her Majesty's forces therein. Cc'-., ^:c.,
vVc. Only think that J, thy humbl(j servant, who as a matter
of course could not have seen during the twentv-two years ol
uiy blisstul existence, any body of more inipf»rtanc(; than :i
<*ountry scjuire, jjarson, or village pettifogcrer, ■should, by a
single strt)ke of fortune, be thrown into the ()r«.seuee and
society of this great maa! Truly, I was born to behold

wonders

We were officially informed that his Excellency, tlic ureal
man of the island, would call upon us, the <lay we landed,
and were ordered to c/ea/i ourselves, and look as respectnble
ds possible. We were also forbidden to appear in any other
than cortvict clothing on the occasion. This last order
placed rile in a quandary, if I was not already in one; for
I had sat upon a cold stone all the morning, for the sole pur-

2(ri

NOTES OF AN EXILE, ON CANADA,

pose of hiding the enormous rent in my knee-breeches. Sji
long as I kept ray uncomfortable position, all would be well,
but I could not sit there forever. I had good clothing in my
trunk, but it was of no use, for although I had worn it
(luring the whole voyage, and given or thrown away my
"• goveriiinent slops," with the exception of the rent
hreeclics, now I was obliged to divest myself of every article
and ])rovide a substitute in genuine convict apparel. Had I
f)L'en the owner of a single shilling, there would have been
little (liniculty in obtaining a pair of breeches, but, as it was,
I < (uild think of no better plan to make a •■' raise'- than sell-
jni^ iny dinners for a week in advance. Reader, wast thou
♦'\ (M hungry ? I was half starved when I resolved to p;irt (ex-
• e])ting morning and evening's skilly) with a whole week's
rations ibr a paltry pair of old knce-brccchcs ! " Holloa !
there,*' cried I, to Timothy Greedy, a fellow who was always
•'ither purchasing, begging or stealing something wherewithal
If) t^lut himself; "Holloa! Tim, I want your services; havt
the goodness to step this way a moment." •' What in the

do you want?" muttered the glutton, who was at that

inoKicnt driving a bargain with a poor fellow for his evening's
skilly. Tim was smoking his ])ipe, and it appeared that his
virtim was also a smoker, and desirous of gratifying his love
')f tobacco at the expense of his supper — " I tell you what,''
sniJ Tim Greedy, " I will give you ten draws from this ere
pij)C 1 have smoking" (here he gave a puff of the delicious
etlluvia ink) the man's face, in order to make him eager foi
the bargain) "for your skilly to night, ahd will hold the pipe
^o vour mouth and count while you pulf them olf; and if you

wont do thai, then be d to you lor a stingy crab what's

VI () tight as wouldn't give your own shipmate vot let

vou smoke, a paltry dish of skilly." " I'll do it for twelve,'"

was the reply. "To h with you; I'll see you d

iirst."* "Its a bargain, then," cried the other, and he
eagerly held out his hand for the pipe. " Not so fast," said
Tim ; " the draws mustn't be too long ; jest common puffs."
"Agreed," said the other. Tim Greedy holds the pipe while
the other smokes away his supper. "One," says Tim,

ENGLAND AND VAN OIEMAN'S LAND.

265

'* two — three — four, — that's a little too long, — five — six-
seven, — too long again, — eight — nine — ten; that's too d-

long; let go the pipe you d hog ; you are swallowing the

smoke you villain; you are getting three putTs for one." The
pipe wai now reluctantly yielded, but the smoke continued
to ooze out of the poor fellow's mouth and nostrils for some
time, clearly indicating that the hist " draw" had been a
good one. " Remember the skilly," said Timothy Greedy,
iis he turned away and approached me. His greedy eyes
were rolling in their deep sockets, and he looked hungry.
i inwardlv shuddered, and for a moment hesitated whether I
shoulil make my business known to him, but a very painful
sensation, closely connected with the stone ui)on wliicli 1
sat, overcame all thoughts of hunger, and I iorlhwith com
)neuce<! making a bargain. " Tim," said I, you liave a pair
of l)reeches that you do not wear. I think lliey will fit me,
anil if }0U are willing to part with lliem I will satisfy you."
"'What will you give ?" " I have nothing ])Ut my rations,''
I replied. " Vou just now bought a man's sui)[)er ; what say
you to a good dinner?" " (jood dinner! do you think I
will ]iart witli them are super-hexcellent knee-breeches lor
less than a do/en dinners T' " Tiin," I replied, " I want
them, and will give you my dinner for a wei.'k, but no more.
If you like the oiler, accept it at once ; if not, depart, and
I will seek elsewhere." Here a constable called out that
^[illcr was wanted immediately at the superintendent's ollice.
•'Let them want ; 1 shan't go ; if Mr. Gunn wants me, let
iiim come here ; I'll not run after him." " But you must,''
said my friend Grant. " I'll not get up from this stone for
the governor himseli",'' 1 answered. "Send Miller, the
Canadian prisoner,"' was again shouted by a constable.
Timothy Greedy seiw his advantage, and taking the coveted
breeches from his bag, held them up before my eyes, and
said, "Tell you what, my covey, if yo\i want these ere for
nine dinners, take 'em; and if you don't like the bargain you
may go to h ! for you don't get 'em for a d mouth-
ful less." " Send Miller at once," was again sung out.
The villain triumphed. I took the breeches, drew them on

,•<"

266

WOTES OF AN EXIF-E, ON CANADA,

1 ,

■ (r

over tho old ones, and answered to the call from the orTice
Btit nine dinners were gone atid I had yet to coinpleio a nil'
suit! What could I do ? Jinrroiu, ot cours. ; all llif work
borrow so lon<^ as credit holds <4ood, and why should not I '
Hut the dilficulty was, who amoiij^ so racrc^cd a stt of fellows
had any thinijj to lend I '' Who will lend ine a striped shirt '
donU all speak at once" A pause. One says, ''I don't cap

ad if you never have one; you have lucn lordin'j; i^

over us all the voyat^c with your line cloihinv, and now vou

want to horrow an old shirt, you d Vrinkee." Another.

''I have one you are welcome to, but it has no roljar.
sleeves nor back;" and a third sutrc^ests that I shouhl ask his
Excellency for the loan of one of his, Avhen he comes, h
kind fellow who had occasionally assisted in devourin^,^ rn*.
pea-soup on the voyage, at length brought mc an ol '^hirt
and waistcoat, with which 1 was forced to be C' nt'^nl.
••' Now for a jacket — who has a jacket to spare ?" •" .acket

be d '' says one ; *' you don't want a jacket — it w'lV hioe

that arc fine shirt of yours." Nevertheless, a jacket was
provided, but it w-as a mile too small, and the sleeves onh
reached to the elbow. An old greasy cap com})letr»d mv
outlit. Good heavens ! what a shout arose when [ \v;i>
declared by all hands to be properly equipped ft'r the
approaching interview with his sacred majesty!

Anhourbelbre the appearance of his Excellency, wo were
all paraded in military order. In front, standing by (mi:
selves, were Grant, Gemmcll, Beemer and mysell": in cur
rear the whole ship-load of poor fellows, in double lile, and
extending their line across the whole yard. The niorm :it
his Excellency made his appearance at the gate of the bar-
racks, every cijp was dolled, and the most prol'ound iqlence
reigned throughout our imposing ranks. The gieat man
approaches, accompanied by some of his oificials, the captain
and surgeon of the Canton. His appearance, to say tiie
least, was somewhat imposing. Clad in his official garb,
adorned with his star, and covered with his cocked cap and
feather, no nabob of India could affect more dignity and
importance. He appeared to feel, as he strutted about, that

RilOCANI) AND VAN DIF.MAN's LAND.

26'

ru"

're

he was tho only man ujion eaiili. His hcii^lil wns, I sliould
judi^t', about five feet nine inches ; liis circvunrerence ([uite
out of ])ro))()rtlon, and clearly im icatin«.s that however
starved he nii,i>,ht have been as '"•Caplain Franklin," in his
northern expedition, lie had been more I'ortunale in the south
as governor of the land of Ndd, and that here ihert- ^vas no
scarcity of {Zi'case and «;"0()d foranin^". I very naUirally cast :i
'su<i>picious |j;huH'e at his JlxLellen('y''s bocjts, nut from the
supposition that here there was any necessity for his eating
the soles, as he had done at tin north, but there was no cer-
tainty what the man, who was evidently a great glutton,
iniirht do. A short, thick neck, sujjporting a head of no
ordiuary size, really set (df his broail shoulders to advantage-",
complexion dark ; forehead broad, low, and standing back
like an idiot's; eyes liazel, very large and didl ; nose enor-
mous; mouth very ale ; chin j)roniinent ; these were the
leadiiii': features of his Kxcellency. His countenance, alto-
^<ethcr, was rather open, irank and honest ; and I was not
lont: in arriving at the conclusion that he was an indircile old
man; a para 'on of good nature; with an excellent o})ini(.n ot"
himself, anil little wit to uphold it. How far this was cor-
rect, will apjicar in subscfjuent chapters. After taking a
general survey of the whole l)arty, he chose a commandinu:
position, about six paces in front ol the line I have described,
and after half-a-dozcn *■' d-hcms'''' conmicnced :

•"'iNIenl'' said his Kxcellency, (addrcs><ing himself to in-
visible beings, for his eyes were turned upward,) " men ! you
have been sent here by the l;iws of your country as bad men;
unfit to go at large ; dangerous to the peace of society ; dan
gerous to the security of property ; you are all bad men !
very bad men indeed! You ought to have been hung instead
of being sent here ; but, as her ^^ajesty has been graciously
l)lcased to be merciful, and as the laws of England are very
mild, you ought to be very thankful." (Here 1 ventured
another glance, his eyes were rolling in their sockets like
those of a person undergoing the most excruciating agony.
I did not wonder, for such a speech must naturally cost a
great effort.) " You have been sent here for various periods

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268

NOTES OF AN EXILE, ON CANADA,

of time, varying from seven years to the term of natural life;
and you are sent here for punishment. You will, therefore,
submit to "whatever treatment you may be subjected, during
your respective sentences, without murmuring or complaint.
You will pay every obedience and respect to your superiors
and all in authority over you. Although your crimes have
been various, and some are of a darker dye than others, yet
here the treatment will be the same; no partiality will bt*
shown; but as your sentences are, so your treatment will be.
You whose sentences are for life, will be required to do two
years probation on the roads. Shorter sentences for a cor-
responding term. Should your conduct be good, very goody
during the whole period of probation, you may receive some
indulgence at the end of that time ; but you can not claim
this as a right, and if granted at all, it must be as a favor. —
One single charge preferred against you will do you a very
great injury; and every charge, proved before a magistrate,
will be registered in your police characters, to which refe?
ence will be made whenever you apply, after the expira-
tion of t^v1[) years, for any indulgence. I must particularly
caution you all against holding any communication, or form-
ing any acquaintances with the old hands. They are very
wicked, more wicked if possible than yourselves, and if you
allow them to advise you, you will certainly be ruined." —
(I overheard some one sigh, "Oh, God! am I not ruined
already ?") " 'i'hey wuU teach you every thing that is bad,
and make you worse than themselves. In particular I cau-
tion you to shun absconding. You are sent here for punish-
ment, having committed crime, and you deserve that punish-
men. Nothing can be more wicked than to attempt avoid-
ing your punishment by absconding. You take the bush,
you rob, you plunder, you even murder your victims, but
you are soon taken, tried and hanged. You can not possibly
get out of the country and while you escape detection, your
life is most miserably wretched ! Then beware of abscond-
ing. You are well clothed, your bedding is good, and your
rations are also very good. You ought to be thankful, for
they are much better than you deserve, and you ought to bo

ENGiaND AND VAN DIEMAN'S LAND.

269

contented. You are all bad men, very bad menP^ Here his
Excellency paused, and the surgeon and captain pointed out
some whose conduct had been particularly good during the
voyage, but his Excellency said that he could make no dis-
tinction here ; every thing depended on their conduct here-
after. He then came and took up his position in front of
myself and three companions. "Who are these?" he
inquired of the surgeon of the ship. "They are state pri-
soners from Canada," was the answer. The great man drew
himself up to his full height, for at least five minutes he
stared us full in the face, his own undergoing various
(ihanges in expression. I felt that the time had come which
was in a great measure to decide our fate. The horrid past,
the dreaded future, visions to make the heart ache, the pulse
to stop, the blood to congeal, were sporting with my imagi-
nation. Hopes I had cherished, though of late they had
been waxing fainter and fainter; and now they were either
to be crushed forever, or words of encouragement and assu-
rance were to chase away the sickly fears of evil. Oh, God !
the agony of that moment. I could perceive by the work-
ings of his countenance that evil was in his heart, that the
angel of mercy held no communings there. But I remem-
bered the justice of our cause, and I felt my American blood
thrill through every vein of my system, as my eye caught his
and steadily fixed his gaze. I know not how I looked at the
time, but I felt that I myself was also a man\ and that he who
stood before me w^as no more ! My soul was upright and
my body stood erect. I had borne the past, I could bear the
future. But his Excellency's eyes are closed, his face is
turned upward, toward the heavens, his countenance indi-
cates that something is about to be cast forth of importance.
Now, Canadians, hear your doom.

"You are bad men, very bad indeed. You were living
under the best government and laws in the world, and you
rebelled ! The crime of rebellion and treason, is the hijrhest
crime known in law, under any, even the worst of govern-
ments ; but to rebel against the government of England and
against her excellent laws; to attempt to overthrow the one

270

NOTES OP AN EXILE, ON CANADA,

and subvert the other, is the height of human wickedness. —
Besides, to take up arms, to fight against your lawful sove-
reign, the best in Europe, to strive to wrest one of her best
provinces from her dominions, and set up republican institu-
tions instead, at the expense of the peace of society, tlic:
property and the lives of her Majesty's Icige and loyal subjects
is indeed a crime which makes me shudder. You richl\
deserved tlie highest penalty of the law, and it proves how
merciful and gracious our sovereign is, when we consider that
your* lives have been spared.'' Here the surgeon explained
to his Excellencv that Miller was an American citizen. He
did this, no doubt, with the kindest intentions, for he was niv
friend. "So much the worse; so much the worse. Not
satisfied with being a republican yourself, you must strive to
make others so. The Canadians had some excuse for th(Mr
actions, if thev were badlv governed, but vou can have none.
You had no interest in the country; you had therefore iu»
business with the affairs of your neighbors. What! attenipt
to set up your institutions in Canada! Stir up treason i.iic
rebellion in her Majesty's dominions! Invade a country at
peace with your own! — violate not only the laws c^f yoin
own country, but those of England! You are an extremely
bad man. I can not conceive how anv man coukl be so des-
perate, so depraved. How merciful her Majesty was to ^)\v:v
your life! Hanging would have been too good for you' —
Sympathiser! Bad man! Very bad man!^^

Here his Excellency appeared to be quite exhausted with
the mighty effort he had made ; his countenance during the
whole delivery was constantly undergoing the most ludicrous
contortions; his eyes rolling, and turned upward, and every
other word at least, was accompanied with a puff and blow,
which showed an abundance of wind. It may be presumed
that I listened somewhat impatiently to this harangue, — that
my blood was in truth boiling hot. But there was something
very laughable in his Excellency's manner of speaking, which
changed my wrath into feelings of pity, if not contempt. —
Besides it was natural that the old gentleman's lovaltv should
be uppermost in his heart, when he saw a sympathiser, and a

ENGLAND AND VAN DIEMAN S LAND.

271

US'

•y
^,

Hi
n:

:l;

sworn enemy of his sovereign lady before him. But he had
not yet done with me. As soon as he liad recovered siiffi-
'liontlv. like a true soldier in the service of his sovereiffn, he
returned to the charge dcterniincd to anniliilate the enemy.

■•I have heard of your case before. You arc a lawyer;
well educated, and therefore your guilt is the greater. You
have not the pica of ignorance to rest upon as others. Tiiey
niav have been deceived, but it is such as vou who have
(ioccivcd them. They iiave been led astray ; but it is such as
you who led them astray; who taught them to despise their
.'.gracious sovereiirn, and the excellent institutions of their
-country; who sowed disalTection in their minds, and filled their
heans with a desire for liberty and ccjuality — a ^wi/t o' the
ir/is.p' — a shadow — a phantom. Equality! — you can't make
men oijual ; there is no ef[uality in your own boasted land of
ii'oerty; there arc grades there, as well as under monarchical
institutions, and vou arc" all strivinu: to train ascenden':'V, one
over another, among yourselves. AVhat makes your case still
more aiiirravatcd, is vour vouth. You were very vounsr to
lake sucli an active part in a rebellion — such a wicked rebel-
lion. It [irovcs how depraved, how wicked you had become,
ai an early age ; and a lawyer, too, to lireak the law yourself,
and teach others to break it! lie careful, sir, to restrain your
nil propensities here. Your notions of liberty and cfiuality
must be kept within your own breast. Van Dieman's Land
is not America. You are a prisoner here, and as such I
caution vou to behave vourself. Take warninn; in season !"'
I Exhausted again.) Here I thought it time to bring the sub-
ject of our treatment under his Excellency's notice ; and thf>
foilowins: dialoo;ue ensued :

■^ If it please your Excellency may we not hope to receive
the same treatment here which we did in England?"

"• What was that treatment 1"

^' The orders of the government were, that no labor should
be required of us, and no unnecessary severity shown with
regard to prison rules, &c. We were not treated as degra-
ded men in any respect."

" I do not know what I can do for you. You have been

272

NOTES OP AN EXILE, ON CANADA,

sent here under difTerent circumstances from other prisoners.
No'orders have been sent with you upon the subject, and I
have only instructions to receive you."

*^ May I not hope that your Excellency will take the
treatment of the state prisoners, sent to Bermuda by Lord
Durham, for the same crime, as a precedent in our case ?"

" I shall be very glad to do any thing in my power for
you. I hear an excellent account of your private characters,
and am disposed to befriend you. I will write immediately
to Lord John Russell for instructions, and will, in the mean
time, take your case into consideration. I request that you
will immediately draw up a memorial embodying the particu-
lars of your cases, and send it to me through the principal
superintendent's office. I will see what I can do for you."

** I thank your Excellency, and trust we shall give no
reason, by our conduct, for regret on the part of your Excel-
lency, for any favor shown us."

CHAPTER XXI.

Remarks.— .Vermin. — The Notice. — Going to Church.— Half an hour's exercise.—
The Felon Overseer. — Rebellion on the Sabbath day.— The Cell.— Scene in the
Office. — Flogging the English Prisoners. — Gambling, Crime, &c. — The PrincipQl
Superintendent and the Bushrangers.

Reformation of the convict is declared to be the primary
object of transportation, by the advocates of the system in
Great Britain. In vain have its opponents exposed the
immoralities prevalent in the hulks, and urged upon the con-
sideration of the former these proofs of a fatal defect in its
first principles. The facts are either denied, or Van Die-
man's Land, the ultimate destination of the convict, trium-
phantly quoted us an immense prison where every tempta-
tion to vice is removed and the work of reform necessarily
commences the moment he sets his manacled foot upon its
shores. I listened attentively to his Excellency's speech to

ENGLAND AND VAN DIEMAN's LAND.

273

the English convicts, expecting to licar something upon the
subject of reformation, but was doomed to disappointment. —
There certainly was truth in his words; but was that truth
adapted to the occasion? He gave the men good advice, no
doubt; but was it in that spirit of kindness and charity which
ought to govern those in authority] His Excellency's re-
marks clearly indicated that punishment was uppermost in his
thoughts, and that reformation formed no part of his creed.
They were calculated to harden and render reckless the
depraved, and confirm the young beginner in wickedness in
his evil ways. No words of kindness and encouragement
fell from his lips, to cheer these wretched outcasts of earth;
no hope held out to them, except in patiently submitting to
whatever hardships, common to a penal colony, might be
imposed upon them. They were transported for piinhhment
sixteen thousand miles from their native land, where mercy
was unknown, and compassion a stranger. Years of hopeless
misery and shame, among wretches more depraved if possible
than themselves, were before them ; and no matter what their
conduct might be, good or bad, indescribable sufferings were
to be their meat and drink. None were here to feel for their
woe, and encourage them in their dark, solitary way; none to
lure them from the paths of sin; none to take them by the
hand, lost and ruined as they were for this world, and point
out the road to a better ; none to tell them there was hope ; —
but their only friends were to be their companions in crime ;
their only enjoyment the bitter fruits of sin. No wonder,
then, if they gave up all for lost; no wonder if they listened
to his Excellency's words with feelings of sickening despair,
and turned away to wallow in the mire of crime and hopeless
depravity. There were those among them who would have
hailed a single word of kindness with grateful hearts. It
would have lightened the heavy load that weighed upon their
spirits, and strengthened their wavering resolutions to aban-
don crime. I asked myself, can it indeed be possible that
his Excellency's heart is so hardened that he only thinks of
punishment to these fallen men] — and if this is the governor,
what will his subordinates prove to be? Alas ! poor prisoner !
18

274

VOTES OF AN EXILE, ON CANADA,

poor convict ! Thou art indeed lost ; not only in this world,
but tliy eternal doom is sealed, unless the arm of Omnipotence
is stretched forth to arrest thee hi thy downward course to
the regions of eternal death.

His Excellency's address to, or rather abuse of. myself and
comrades, requires no comment. How her Majesty's advisers
(•amc to recommend the ap])oiiitment of such an old woman
to the office which he held, k one of those diflicult enigmas
which the acting parlies alone can solve. From what fell
from his lips after the Wmi eHervescence of trumjjcry, I was
inclined to regard him in the light of an honest man, at least;
and indulged the most sanguine hopes that our treatment
would accord with his professions. Wc shall see, however,
that he was acting the part of a consummate hypocrite ; and,
I have no doubt, in consequence of an invisteratc malice
against ./Imerkans. Strange, that even a nephew of our
immortal Benjamin Franklin, could have been so destitute of
honorable feehngs and pnncii)les. The only solution to the
mystery is, that his father was as great a tory in '70 as his
brother was a republican. ITis Excellency no doubt felt it
it his duty to atone for the heinous sins of his "uncle Ben,"
by tyranizing over '-uncle Ben's" countrymen.

At night the Canton men were quartered in an old barn
near the barracks. Vermin of every descrij)tion were com-
mon, and I generally passed our slee])ing hours in real or
imaginary battles with these enemies to rest. Who that has
ever engaged in deadly combat with a Jlea, or peradvcnture
a louse, will not envy me the happiness I experienced in these
nightly engagements, when thousands of demons beset me?
Thrilling scenes those, kind reader. Shouldst thou ever
chance in thy peregrinations in search of pleasure, to fall in
company with these vicious creatures, my advice to thee is,
run; flee for thy life; never think of contesting the field, for
if thou art not slain, they will wound thee in ten thousand pla-
ces. This glorious privilege, however, was not allowed me;
and I was obliged to fight or die. Many a time have I ex-
claimed in the language of Samson, " heaps upon heaps, heaps

ENGLAND AND VAN DIEMAN's LAND.

275

upon heaps have I slain," but never found the number of the
living perceptibly diminished.

The second day at"ter landing, the men were all soparatclv
called into the superintendent's olFice, and notified that they
would be re(iuired to serve certain j)erio(ls of })rub;ition on
the roads, according to their respective sentences. Mvself
and comrades \vere informed that being sentenced to Van
Dieman's Land for life, we must serve two yeaj-s of this
horrid slavery, before any indulgence whatever would be
gi-anted us. I in(iuired if his Excellency's })romise, made onlv
the day previous, had been forgotten; and was informed bv
Mr. Gunn, that this notice was only formal, and would not be
enforced unless the governor, after due consideration of our
cases, should feci it his duty to treat us with severity. lie
also added that there was little doubt that the liberty of the
island would be granted us upon certain conditions, on account
of our l)eing state prisoners, and the circumstance of no
orders with reference to our treatment having accompanied
us from England. I intimated very plainly in reply, that 1
could but consider any attempt to reduce us to a state of felo-
ny as a flagrant violation of justice.

The next morning all of the English prisoners were sent
out to labor on the roads; but we were told at the same time,
that no work would be required of us at present; and that we
had nothing to do but I'cmain in the barracks and pass our
time as we thought proper. I lost no time in drawing up a
memorial to the governor, in which I urn:*^ (i our claims to libe-
ral treatment; stating at the same time, taat if our conduct
did not prove exemplary in every particular, we would not
complain at the deprivation of the indulgence we abused. I
also wrote to Mr. Lawrence, member of the Legislative Coun-
cil, who resided at Laurenston, on the opposite side of the
island, enclosmg a letter of introduction from Mr. Hume, and
soliciting his influence in our behalf.

On Sabbath morning the prisoners in the barracks were all
mustered and required to attend divine service. The Catho-
lics, about two hundred in number, were marched under the
harge of constables; to the Catholic church in the town.^-

276

NOTES OF AN EXILE, ON CANADA^

The Protestants attended the church I have already noticed at
standing at one end of the barrack yard. I felt not a little
anxious to sec if tiic one day in seven was made a blessing ;
or, like the other six, a curse to the poor prisoner. Surely,
thought I, the clergyman will say something- about reforma-
tion to the prisoners, if the governor did not; surely in going
to church these poor men take one step at least toward hea-
ven; in that sacred building I shall see one good man, hear a
voice of kindness and listen to words of love; the wicked will
for a few hours cease from troubling; the moutii of the blas-
phemer will be stopped; there will be peace and rest to my
spirit, and I may taste of the bread of eternal life; for there
will be "a feast of fat things; of wine on the lees; of fat things
well refined." I thanked God in my heart, that although in a
land of crime, I was not beyond the pale of Christianity, and
that the holy Sabbath day was here remembered. But was
it indeed the house of God, and the gate of heaven ] O, thou
Eternal Spirit! who hast proclaimed thyself gracious and mer-
ciful to sinful, erring man, — forgive what thy pure eye saw
amiss within the walls of that temple called by thy name.
Thou art indeed "long suffering and slow to anger," else had
the earth opened and swallowed up that sinful congregation.
The four Canadians were permitted to go in before the others,
but in a few moments there was a rush, and a scene which
baffles description, and which I still shudder to contemplate.
Those who wore no irons were first, and as they came pour-
ing in, pushing, pulling and crowding each other, horrid blas-
phemy and abominable obscenity made the building ring. —
Then came the chain gang, about five hundred in number,
and such rattling of chains, such sounds of hell ! I pressed
my hands upon my ears and exclaimed to myself, "O, God!
is this thy house, where sinners are to be taught to flee from
the wrath to come — thy praises sung — thy blessing invoked
— thy holy name called upon? The prisoners were seated in
two large wings of the building, one on the right and the
other on the left of the pulpit, or desk, in front of which was
a third wing, used by the inhabitants of the town, who were
hidden from our sight by a large screen. When the clergy-

ENGLAND AND VAN DIEMAN 8 LAND.

277

)ticcd a.'

a little

•lessiriff ;

Surely,

cforrna-
n going
rd hca-
, hear a
kcd will
be bias-
to my
)r there
t things
igh in a
ty, and
Jut was
0, thou
id mer-
ye saw

name.

se had
gation.
others,

which
nplate.

pour-
d bias-
ing.—
jmber,
ressed

God!

from
voked
ited in
id the
h was

were
«rgy-

nian made his appearance the noise subsided to a low hum
of voices, arnounting to a perfect jargon of oaths and curses;
but which, hovvc er was so loud mu(rli of the time as to drown
the reverend gcntioman's voice, lie was an elderly man, and
1 remarked that his countenance did not indicate his sacred
calling; and spoke not the spirit of the meek and jnwly Josns.
He read the service as if it were a disii^nieablc ami dis^iistinii
task; and his sermon was a dry discinisition upon one or two
imaginary metapiiysical points, of no consefiucnce to his hear-
ers either in tjiis or tiie other world. He kept iiis eyes con-
stantly fixed upon the screen, behind whirji s.it the g'td he
worshipped; for during th(; whole service I did not once see
him turn to iiis convi(;t hearers, or address a single word of
exhortation to them. The wiiole appeared to nie to be a
solemn mof^kery, too dnuidfiil for reflection — too horrid to be
endured. On looking al)out m(?, I could not discover more
than twelve, among twelve ImndnMl prIson(n's, who appeared
to be taking any noti(;e of the service. Some were spinning
yarns, some ])laying at pitch-and-foss, some gambling with
cards; several were crawling about nnderneath the benches,
selling candy, tol)acco, 6cc., and one fellow carried a bottle of
rum, which he was serving out in small quantities to those
who had an English six])ence to give f"or a small wine-glass
full. Disputes occasionally arose which ended in a blow or
kick; but in these eases the constables, who wei'c ])i'escnt to
maintain order, generally f;lt called upon to interfere. If
anv resistance was offered to their authorilv the culpi'it was
seized by the arms and collar, foiribly dragged out of church,
and thrust into the cells beneath, there to await trial and sum-
mary punishment on the morrow. When the service was
concluded, another rush took ])lace, and shouts and songs
commenced. This, ]-eadei', was the boasted reformation of
the convict! The people of England are told that their fidlen
countrymen are sent hei'c to be won, by judicious treatment
and christian advice, from their evil ways; that they may be
restored to usefulness in this world, and their happiness secur-
ed in the next. But, alas! there is no road from Van Die-
man's land to heaven, while a thousand lead downward to the

278

jrOTES OF AN EXILR, ON CANADA,

If!

li r
1 1

regions of eternal death. Should this book ever fall into the
hands of ahy who arc entrusted with th reformation of the
prisoner in that ili-r;itcd colony, let them read and ponder;
for the time is romini; wlicii tiiey must render an account of
their stewardship to Jlim who is no resi)ecter of persons. —
Will not tiie convict, whom they despise, rise up in judgment
to condemn thtMn?

On tlie follovviii;:^; day a constable informed rae, in a very
bland tone oi" voice, that ''the priiici])al superintendent
wished parlicularly to see me in his ofiiec, if I was not other-
wise engaged." I iiiunediately waited upon that gentleman,
wondering" wliat had occurred to call forth all this condescen-
sion, and was tluis addressed : "Ah, Mr. Miller, how is your
health this morning? I trust our climate will agree with
you, for it is the fmest in the world. I doubt not you will
be enabled to enjoy yourself during; your stay in this delight-
ful island. I do wish you coukl nuike up your mind to settle
here. We want such young men an yourself and compan-
ions. There is a fine o])portunity for usefulness, and if you
would only give up your republican notions, you would
stand a capital chance of succeeding in almost any branch of
business. By the by, a desire to serve you pron^jted me to
send for you this morning. I know that you Americans
detest idleness, and thought you would deem it a privilege
to do some trifling labor for exercise. Now, the overseer of
the barrack'yard wants a little help for about half an hour in
the morning, in sweeping, &c. If it is any privilege, you
Canadians can lend him a hand. The service will be per-
fectly voluntary on your part, and as the governor has his
eye upon you, it may influence him in his decision upon your
cases. When he hears you are industrious, which I shall
certainly report to him, for I ; 'ish to serve you, he will
doubtless reason that industrious and steady young men, like
yourselves, are not likely to become a burden to the colony,
and feel no hesitation in granting you the liberty of the
island. You can talk with your comrades upon the subject,
and act as you think proper. My advice, however, would
be to do as I have proposed."

EMGLAND AlfD VAN DIRMAN's LAND.

279

After a long debate upon Mr. Gunn^s proposition, we
determined, inasmuch as it was voluntary, to take half an
hour's exercise every morning at swce|)ing; but alas, this was
a fatal error; for Mr. (j. was only trying; the yoke upon our
necks to sec how it would fii. Had we only rcfuscil to
perform any labor whatever, I douht not it would have saved
us years of slavery; for evrn the tyrant Franklin would have
hesitated hcloie usinjj; compulsory measures to compel >tate
prisoners to labor as felons. It would not sound well in the
[)ublic papers of (Ircat Ikitain; but if we could be coaxed
and deceived to shoulder the burden ouiselves, all dilliculty
in the matter would be at an end, and they could by degrees
force us into absolute slavery.

"ller(; are some brooms," said the overseer of tiic yard,
as he threw down half a do/en articles of iliat description
before us. ^'This is a ^nod one,'' he continued, oileriu'^ one
to me. "I understand you will assist in sweepiiin; the yard:
it is mere nothin<j^ — just half an hour's exercise ; will do you

good, and ." What he would have ad<led I cared not,

for dislikin*]; his ajipearance, aiul the air of familiarity he as-
sumed, cut it short by saying', "This half hour's exercise, as
you term it, is voluntary on our part? there is to b(3 no com-
pulsion. As to sweepint^, you must give me some instruc-
tions, as I was never bound apprentice to a sirccp.^^ Here
the fellow turned his back \\\nn\ me, and muttered, "the

d Yankee 7i////-</?Tt^cr/" He was, according to his own

account of himself, a desperate fellow ; had bcjen a prisoner
in the colony sevcnicen ycarsj during wliich period he had
always been in trouble, and at least nine-tenths ot the time
in chains. Robbing, thieving, house-breaking, &c., were
crimes for which he had been repeatedly tried aiul punished;
but he had lately resolved to leave oil" such conduct, and
Mr. Gunn had promised also to stand his friend, and placed
him in his present situation as an earnest of the future. If
crime was ever stamped upon the human face divine, ih'is
man's features bespoke the villain. Depraved, debased, he
looked the demon, acted the devil, and spoke the hardened
wretch in whose breast every ennobling quality was forever

280

NOTES OF AN EXILE, ON CANADA,

annihilated. Low, vile, blasphemous language poured forth
like a stream of lava from the crater of Vesuvius, whenever
he opened his mouth to speak. And this man was our first
overseer in the land of Nod ! Had I known the truth, there
would have been some flogging before I had taken a broom
in my hand. The fellow for the first day or two was mon-
strous kind, for he was constantly singing out, " I say, mate,
look and see how I sweep ; this is the way to do it," fetch-
ing an extra flourish with his broom — " you will soon learn

to use a broom as well as a quill, by ! you are going it

capital ! my bloody eyes ! how quick you learn !" &,c. But
soon there was a little dirt which required to be wheeled, a
few tubs to be emptied, and lastly, half a dozen wards to be
cleaned, so that the half hour's exercise soon amounted to
more than /m//" a (ia^. This last business of emptying tubs
and cleaning wards, I soon O'Jclined ; for I caught our wor-
thy overseer ^jw^/in^«iyay' (eating) what he called *'a bloody
good feed," which he had obtained Irom the wardsman
whose dirty work we were pi;rforming. This made the
wretch angry, and ever afterwards there was no epithet in
his vocabulary too good for me. Grant, Gemmell and
Beemer continued to be " good coveys," and our overseer
made a fine billet of it. Tlie wardsmen, who had nothing
to do but keep their respective departments in order, got all
their hard labor performed by gorging the scoundrel with a
^^ good tucker,^^ as it was called, but seldom indeed did my
comrades get a morsel of the savory dishes upon which he
regularly dined. The week passed away without any
change except the growing insolence of the overseer, and
the gradual increase of our labor. They were constantly
drawing the cords tighter, and soon instead of being asked,
we were ordered to do this and that piece of work, by Mr.
Gunn, as though we were already English slaves.

Sunday again came, and after the men were mustered for
church, our overseer ordered the four Canadians to remain,
as the English prisoners were marched off. '* Get your
brooms," said he, " and sweep the yard." My comrades
obeyed, but I stood my ground. Bad as the church was, I

ENGLAND AND VAN DIEMAN's LAND.

281

all
1 a

tly
3d,

or
n.

preferred breaking the Sabbath by going there, to sweeping
the yard, and the following altercation took place :
" Why don't you go for your broom 1"
" I shall not take any half-hour's exercise to-day."
*' The devil you wont!"
" Certainly not. It is the Sabbath day, and I can not."

*' But you shall, though, by ! I will get you Hogged

if you don't get your broom at once."

*' It is needless to talk upon the subject, for 1 shall not."
** You will ollend Mr. Gunn, who is your friend, it vou
don't."

*' I shall offend my God, who is greater than Mr. Gunn, if
I do."

" God Almighty is nothing here compared with Mr. Gunn.
Holloa! there, send a constable," shouted the overseer.
The constable came, and another dialogue similar to the first
onsued, which endeil in my being ordereii to the cells. I led
the way, and the door being open, walked in. It was a
horrid hole, about eight feet long, three and a half feet wide,
and four feet in height. There was no lloor, but the mud
and lillli were more than twelve inches in depiii. No nui-
sance tub was allowed the ])Oor wretches conlined there, and
sotnetimcs seven or eight were thrust in at a time, to remain
from one to three days. No language can describe this
dreadful place. I afterwards assistetl in cleaning out the same
cell, and thirteen barrow-loads of lilth were wheeled away
from it alone. Sui;h was the place into which I was ordered,
for refusing to sweep the yard on the Sabbath day. They
closed the door alter me and talked to<Tother for a few min-
utes outside, when the constable incpiired if I would work,
provided they would overlook my otl'ense and not report it
to Mr. Gunn, who would certainly Hog me. " Fifty lashes,"
said he, " is the least punishnieat he ever inllicts for such a
crime." "I shall remain here and take the flogging," I
replied. The door, however, was re-opened, and I ordered

out. *' Now," said they, *'go to church and he d to

you ; but depend on a flogging in the morning ;" and I went
to church.

282

NOTES OF AN EXILE, ON CANADA,

The next morning I was duly summoned to appear before
that great man, of whom the overseer said that the Almighty
was nobody in comparison. The overseer and constable
were there before me.

*<I understand you refused to sweep the yard, yesterday,"
said Mr. Gunn.

"I did."

" For which you are liable to be flogged. Have you not
read the rules for the guidance of the prisoners here; more
particularly with reference to obeying orders ?"

"I have read the Bible."

" You are a prisoner, and must obey orders or be pun-
ished."

" I am a man, and must not break the commandments of
the great Jehovah, who has said, ' Remember that thou
keep holy the Sabbath day. Six days .'"

" That will do," interrupted Mr. Gunn ; " I understand
my catechism."

" I was afraid you did not."

"Ycu deserve a floo:Q;ino;."

" For not working Sunday 1"

*' For beinof d-

?aucy

" I am not aware that I have given occasion for the use of
any oaths."

^' Your American independence will not do here. You
are in a penal colony, and you shall obey orders or be
flofTGfed."

" I am sensible of being in Van Dieman's Land, and in
bondage, too; and it appears there is no Sabbath, no Bible,
no God here. Only one week since, and you told me it
■was entirely discretionary, with myself and comrades, to
work or let it alone. Now, it would seem, we are held as
slaves, and required to do the bidding of a depraved wretch,
against God and religion. [Here the overseer, to whom I
referred, interrupted me, exclaiming, 'Me a wretch! he
said yesterday, sir, that he didn't care for you, sir, not half
80 much as for God Almighty, sir. If you only knowed, sir,
how he talked about you, sir, you'd flog him at once, sir.'}

ENGLAND AND VAN DIEMAN^S LAND.

28?

I ^m in your power ; flog me to death if you think proper;.
I will never work on the Sabbath day ; but remember, sir,
if you fear not God, that you have superiors, if not here, in
Great Britain, who shall hear of this, and who will not, nay,
dare not, attempt to justify your conduct. Is it possible that
a magistrate, and the principal superintendent of convicts in
this colony, will sit in judgment upon, and condemn a man,
for refusing to break the commandments of God 1 Much as
I dislike a flogging, I shall glory in it for such a cause. It
will cost me pain, but not disgrace."

"Overseer," said Mr. Gunn, fiddressing that worthy func-
tionary, "never ask this man to work again on the Sabbath
day, and never show your face here again with any complaint
against him." Turning to me, he said, " So long as your
conduct continues good, you will lind me your friend.
Always act conscientiously, and you need not fear any thing
in Van Diemau's Land." After this I went regularly to
church, but my comrades were always required to get their
brooms and sweep the yard.

From twenty to thirty prisoners were daily arraigned for
trial before Mr. Gunn. Their olfenses were, in general, a
breach of the probation regulations, idleness, impertinence
to overseers, disobedience of orders, absconding, petty theft,
&c., &c. Olfenses of a more serious nature were tried in
the higher courts. Of those convicted, from five to ten were
daily ilogged, while others were sentenced to seven, ten,
fourteen, and occasionally twent)-one days' solitary confine-
ment in cells similar to the one already described, where
tliey were allowed a pound of bread and a pint of water,
daily. Many were also sent to the treadmill, and not a few
to Port Arthur. A llagellator was appointed for the express
purpose of inflicting corporeal punishment, and the scenes
enacted at the triangles were most revolting. Two-dozen
lashes, which was considered a light sentence, always left
the victim's back a complete jelly of l^ruised flesh and con-
gealed blood. A pool of blood and pieces of flesh are no
uncommon sight at the triangles after a dozen have been
flogged. The cry of " murder !'' and " oh, my God !" wer*

284

NOTES OF AN EXILE, ON CANADA,

not unfrequently repeated by the sufferer during the inflic-
tion of the punishment, loud enough to have been heard a
mile; while others of more nerve would clench their teeth,
and endure all without even a groan. Some idea of this
inhuman punishment may be formed from the fact that the
sound of the blows upon the naked back of the sufferer may
be heard at the distance of one hundred rods. Many faint
while undergoing th'i torture, and some are carried from the
triangles to the hospital, where they pine awhile and die.

The daily rations allowed to the prisoners is, for break-
fast and supper a pint of skilly and six ounces of coarse
bread; for dinner, twelve ounces of fresh meat and eight of
salt, one half pound of vegetables made into soup, and a
pound of bread. The meat is always of the poorest quality,
and as it passes through many dishonest hands, but a small
portion of it reaches the men. I have no hesitation in
asserting that at least one half of the crimes committed by
the prisoners, and for which they are so severely punished,
may be attributed to the insufficiency of their rations. A
craving appetite brings many a poor fellow to the triangles,
and I am perhaps justified in adding, the gallows.

After spending a year or two in the colony, the prisoners
become such adepts in crime, that it is with the greatest dif-
ficulty they are detected and brought to justice. They
league together under a systematic plan, in which they are
aided by a vulgar language of their own, and plunder what-
ever comes in their way, too often with impunity. Drunk-
enness is a common vice, and with their dishonest gains
they find no difficulty in indulging in it. Nothing is more
common than gambling. I have seen from twenty to three
hundred dollars won at a single stake, by the old hands, in
the mess room which I have described. Many of the mo-
nied characters never dream of eating the rations allowed by
government, but live on the fat of the land. A single penny
would always bribe the gate-keeper to let in a " swag" of
provisions. The success of these hardened prisoners often
tempts the new hands to early practice in crime. In the
whole system pursued in the barracks, both by the prison-

ENGLAND AND VAN DIEMAN 8 LAND.

285

of
ten
he

ers and those in authority, I could never discover a single
redeeming feature. Every thing was calculated to harden
the hearts of the former, and insure their perseverence in a
downward course. Mr. Gunn was, perhaps, as good a man
as could have been found, for his situation ; but the system
w^as such as must nee. ssarily produce the fruits I have de-
scribed. This gentleman owed his office to the following
singular event : Many years since he was a subordinate
officer in the British army, at which time fourteen bush-
rangers, all Irish convicts, headed by a brave fellow called
Brady, kept the whole island in constant uproar and alarm
for several years. Being W-ell mounted, and armed to the
teeth, they roamed over the country with impunity, robbing
and sometimes murdering the inhabitants. Settlers who ill-
treated their convict servants were generally the objecrts of
their vengeance ; and many a master was tied up to a tree,
and his servants whom he had flogged, made to give him an
equal number of lashes in reiurn. If any reluctance was
shown on the part of the abused convict to redress his
wrongs, Brady would himself turn flagellator. Upon one
occasion they suddenly rode into Hobart Town, in open day,
put up their horsbs at the first tavern, called for dinner,
played half an hour at billiards, traded at some of the prin-
cipal stores, paid their respects to some of the first ladies
and gentlemen of the place, and rode off without being mo-
lested ; so great a panic did their presence create. Large
rewards were offered by government for their heads, without,
however, the desired effect; while many who went in pur-
suit of them lost their lives'. They were tit length surprised
by a party of military and soldiers, headed by Mr. Gunn,
and nearly all either killed or captured. During the engage-
ment Mr. G. lost an arm, from a shot by Brady, who gener-
ously fired at that limb instead of shooting him through the
heart or head, as he might have done had he been disposed.
Brady and his comrades were hung, and Mr. Gunn promoted
to the important station he has since held. He is a man of
extraordinary mental powers. He has only to se§ a prisoner
once, to be able to detect him in almost any disguise for

286

NOTEfl OF AN EXILE, ON CANADA,

years afterwards. It is said he can call every prisoner in
Van Dieman's Land by name, when he meets them, tell the
name of the ship in which they arrived, the year and day,
their original sentences, additional sentences received in the
colony, &c. &c.; in short, that he never forgets any thing.

CHAPTER XXII.

The Canadians doomed to Slavery. — Tlie Reward of Treachery. — The Road Party.
— Tlie Billet. — Mental Sun'eriiigs.— The " Euffiiio."— Beemer is sent to Port
Arthur. — Interesting lueideut. — <jiemm«ll up the Chimney. — Th« Overseer
Caught. — A Smash.

We had been in Van Dieman's Land four weeks, when
an answer was received to our petition, which stated that
^* his Excellency, the Lieutenant Governor, after due consid-
eration of our cases, could see no sufficient reason for treat-
ing us differently from prisoners sent here for other offenses;"
and an order accompanied the notice for our immediate re-
moval to the Brown's River Road Station, distant seven
miles from Hobart Town. Beemer was left behind, and
immediately installed into the office and emoluments of
constable, for his treachery on board the "Captain Ross."
The reader .can make his own comments upon the conduct
of the governor.

Here, then, was an end to all hope. We felt that our
only chance now was to escape from the island. This,
indeed, had been my determination from the first, and I was
on the lookout for a favorable opportunity; but, alas! I little
knew what obstacles were^n the way. After receiving each
a new suit which was (with the exception of shoes, of which
three pairs were allowed yearly) to last us six months,
we were conducted by a constable to our new home. The
station was situated on the side of a hill, about three hun-
dred feet above and three fourths of a mile distant from the
Derwent. Two acres of land had been cleared, and two

ENGLAND AND VAN DIEMAN's LAND.

287

huts erected, one for the overseer, the other for the men.
The former was barely habitable, but the latter was scjircely
any protection against either cold or wet weather, A large
fire-place, similar to the American back-woods fashion, was
in one end ot the hut, the chimney to which was little more
than an opening through the roof. There were only forty
men at the station when we arrived, most of whom were
probationers. From daylight to dark were the working
hours, with the exception ol half an hour for breakfast and
dinner. The employment consisted chielly in felling trees,
cutting and carrying spars to the station. These were from
twelve to thirty feet in length, and from ten to eight^'en
inches in diameter. They were carried upon the shoulders
of the men through the thick underbrush, from fifty to two
hundred rods. This was exceedingly hard work, as the
men often had from one Imndred to two hundred and fifty
pounds to carry, and the ground was very rough and uneven.
I was employed in this manner for a few days, but the over-
seer was kind enough to change my occupation, and shortly
afterwards made me "watchman" of the station. This was
an agreeable change, as it saved me from the performance of
any hard labor, my duty being to keep watch on the outside
of the hut, during the night, to see that none of the inmates
got out to rob the hen-roosts and potato-yards of the sur-
rounding inhabitants; a trick which they ^yere always ready
to perform, if an opportunity occurred. During the day I
could sleep or not, as I thought proper. To describe our
mental sufferings, arising from constant contact with the
depraved beings among whom our lot was cast, would be a
difficult task. A sense of the injustice we were suffering at
the hands our enemies was continually burning in my brain.
"I am an American citizen — I am a British slave!" were
thoughts which I could not banish for a moment; and, but
for the sinfulness of the deed, 1 should have put an end to
my existence rather than endure the dreadful reality. In
vain did I strive, during those long nights of vigil, to forget
what I was; in vain did I gaze upon the bright and beautiful
stars with which the southern heavens are studded, to ab-

288

NOT£S OF Air EXILE, ON CANADA,

stract my thoughts from the subject; and not until I turned
my eyes upon that beautiful constellation, the "Southern
Cross," and remembered that my Savior bore His cross up
Calvary, could I become in the least reconciled to my hard
fate. Then would I shout the watchman's call, "All's
well!"

"Misery likes company," is an old adage, which expe-
rience, to the disgrace of human nature be it said, but sel-
dom disproves. Although we may not actually feel pleas-
ure in seeing others as miserable as ourselves, there is some-
thing agreeable in the circumstance of having company in
adversity. Let not those, however, who have never drained
the cup of adversity, despise the unfortunate for this failing.
None but a fellow-sufferer can truly sympathise with them,
and make due allowance for the weaknesses of human
nature. Pity may indeed be awakened in the breast of him
who is a stranger to affliction; but then it too frequently
begets contempt. The desire to awaken an interest in the
breasts of our fellow men, is a weakness common to our
race ; but this seems a wise provision of nature ; for, to its
effects may be attributed a multiplicity of praiseworthy ac-
tions, which, while they ameliorate human woe, keep alive
and cultivate the most noble principles in our nature, and
form the basis of the most enduring and exalted friendships.

The ship " Buffalo" arrived at Hobart Town on the 14th
of February, with one hundred and fifty-seven state prison-
ers, seventy-eight of whom were from Upper Canada, and
the remainder from the lower province. The former were
landed at Sandy Bay, but the latter were conveyed to Sidney.
The reason for this separation was thus explained by Sir
John Franklin : " The French Canadians are a simple, igno-
rant people, and were doubtless made the dupes of others ;
but the Upper Canadians, a large majority of whom are
American sympathisers, have no such excuse, and I shall
keep them here for punishment." Had there been no Amer-
icans in the party, his Excellency's desire to punish would
probably have been less.

Being desirous of joining my countrymen, I applied to

ENGLAND AND VAN DIEMAN'S LAND.

289

and

Mr. Gunn for that purpose, but he advised me to remain
with the English felons. Upon inquiring his reasons, he
said : " The governor has determined to treat them with
severity, and your condition will be far better where you
are." "Good heavens!" I exclaimed, "is it possible that
Sir John Franklin intends making their condition worse
than that of the English felons ] " "I know from his own
words that he does, and I advise you, as a friend, to keep
yourself as distinct from them as possible. I am your friend,
and would serve you ; but if you are with your countrymen,
I fear I shall not be able to do so."

Reader, the character of Sir John Franklin begins to ap-
pear in its true light. This representative of Victoria was
a tyrant in every sense of the word.

We had been at Brown's River only four weeks, when we
heard that Beemer had fraudulently obtained our clothing,
books, &c., Irom Mr. Williams, the store-keeper, sold them,
and was rioting upon the money. This was an outrage
which none but a wretch lost to all sense of honor or shame,
could have perpetrated. His pay as constable amounted to
two dollars and fifty cents per week; three days of which,
having no duty to perform, he was allowed to work at his
trade (carpenter) in town; and could easily have earned as
much more. He knew that we were in destitute circum-
stances, and the books, being all keepsakes, were invalua-
ble to us; yet he scruple4 not to rob us of our little all; not
that he might hoard the money thus obtained, nor use it
in any way advantageous to himself; but to lavish It upon
females of abandoned character. The overseer allowed me
the privilege of going to town for the purpose of complain-
ing to Mr. Gunn, who forthwith tried and sentenced him to
twelve mojiths' hard labor at Port Arthur.

After the expiration of his sentence, he was sent to the
roads, where his conduct continued very bad. He was re-
peatedly tried and sentenced to . solitary confinement, the
chain-gang, &c.; and when I left the colony (in September,
1845,) there was no prospect of his condition ever becoming

better. In all probability he will spend the remainder of

290

NOTES OP AN EXILE, ON CANADA,

his days in the same manner. Such was the reward of the

TRAITOR BeEMER.

Volumes have been and may be written upon the different
traits of human character; yet the conventional rules of
society so often place a restraint upon nature, and the heart
is so accustomed to guard itself against the betrayal of its
secrets, that it requires some sudden and unexpected emer-
gency to break down these barriers, tliat Nature may assert
her supremacy. Such occurrences lay bare the secrets of
the soul, its weaknesses, its follies, and its most noble qual-
ities. Who has not heard, who has not read of, who has
not witnessed the streni2;th and constancy of maternal love?
What man so dull of comprehension as not to see its eifects
wherever he turns his eves? What child so insensible as
not to feel the potent spell which a mother's love creates,
when every day and almost every hour of its existence is
hallowed by it'i Nor is this principle confined to civilized
life; wherever the "human form divine" is found, in the
breast of woman is it planted. Though she be an unculti-
vated savage of the new world, a Hindoo, a Hottentot, a
native of the South Sea islands, or a dweller in the frozen
regions of the north, amid mountains of ice, her pulse beats
quick at the touch of her offspring, her breast is warm with
holy emotions toward it, and her heart is the throne of
maternal love !

Having occasion to visit the colonial hospital, I stood for
a short time leaning against the railing of the yard which
encloses the building, an attentive observer of the scene
before me. Several convalescent patients were promenad-
ing the walks, hope and impatience alike visible in their
pale features ; and the remains of a poor youth, who had
been less fortunate, were carried past me to the dead-house,
which was nearly full. A deadly malady was then raging in
the city, and the free as well as bond became its victims ;
though more commonly the latter, who, from being herded
together in large masses, filthy, half starved, overworked,
and subject to severe mental sufferings, became an easy prey

rded
ked,
prey

ENOLAND AND VAN DIBMAN 8 LAND.

291

to death, more particularly as the convict patients were sad-
ly neglected.

I observed a plain, decent-lookinf; woman, apparently
about fd'ty years of age, come out ol' the hospital door, and
proceed across the yard toward the street, when two young
men entered the gate, one of whom'was dicsscd as a convict,
and talking in an under tone to his companion. His voice
was scarcely audible, but the woman, who was walking in
an opposite direction, suddenly gave a scream, turned round,
and with an expression on her countenance hich I can nev-
er forget, fixed her eye upon the convict, ijut it was only
for an instant. Another wild scream of joy, such as 1 never
heard before, burst from her lij)S, and in a moment she had
the bewildered youth in her arms, exclaiming, while her
breast heaved with the convulsions of an almost bursting
heart, " O, merciful God ! — O, my John ! — O, merciful Clod !
— 0, my John! — O, my bairn/ — my hairn! my own dear
hairn ! — O, blessed Mary ! — O, my own dear l)airn !" Sur-
prised, the youth at first struggled for deliverance from her
hold, but she clasped him still closer, repeating the same
passionate expressions, and covering his cheek with kisses.
He appeared, at first, to feel ashamed, for many eyes were
upon them ; but the mother heeded naught but her son. At
length nature asserted her right in the convict's breast, and
he returned her embraces, exclaiming, "0, my mother! — my
own dear mother!" and like little children they sat down
and wept together; the mother and child — the parent and
son — the friend of friends and the outcast. After the first
burst of passion had a little subsided, the mother carefully
surveyed his features, and again exclaimed, " Yes, it is no
delusion ; it is my own bairn, my long lost bairn! my own
dear John ! Oh, this is too much,'" pressing her hands upon
her still heaving bosom, "my poor heart will burst! Blessed
and holy Virgin! I have indeed found my lost child!" But
the cup of joy had its mixture of bitterness, for now she no-
ticed that he wore the garb of a convict. " Oh, John," said
she, " and are you a prisoner'! What have ye done, John,
that I find ye clad thus? But your poor mother will not

293

frOTRA OP AN EXILE, ON CANADA,

Upbraid you ; you are my own bairn, my own flesh and
blood, and though all the world deny you, and cast you out,
your own mother will not, my poor bairn V^ The convict
wept afresh. " Come, you must not cry ; I did not mean to
hurt your feelings ; am I not your own mother? Come with
me, John, to my house, which is near by, and tell me all ;
and I will tell you how your poor mother has sought you ;'*
and they walked away together. Happy mother ! happy
convict! I afterwards learned their history, which was as
follows: The son left his home and widowed mother in
Ireland, in 1830, being then fourteen years of age. He wan-
dered about the world for seven years, when he was tried for
a felony, and sentenced to transportation for ten years.
During the whole period he had never heard from his
widowed mother, who sought him for years, and at last gave
him up for dead. She had come out to the colony with
some friends, as an emigrant, to spend the remainder of her
life. On the day referred to, she had gone on an errand of
mercy, to minister to a poor sick friend in the hospital, and
the angel of mercy met her there. Her only son, who was
lost, she thus found. After a separation of ten long years,
she knew the voice of her ofl'spring, and with the instinct of
nature clasped him in her arms. And when she found him
an outcast of earth, she loved him not the less ; she was the
mother still ! And thus is it with thee, Nature ! Thou
regardest not the conventional forms of society ; thy laws
are not always those of man ; but where gentle, tender
woman is, there thou delightest to dwell. Thy dominion is
her breast ; thy throne her heart ; and while all else beneath
the sun is constantly changing, thou alone art unchangeable,
eternal ! Thou makest the dying to revive, the blind to see,
the dumb to sing, and the poor outcast convict to rejoice !

One afternoon a French whaling vessel dropped down the
Derwent, and anchored opposite the station, about half a
mile from shore. Here, then, was a possibility of escape ;
and as such chances were not common, we resolved to
improve it, if practicable. It was proposed that I should
assist Grant and Gemmell in getting out of the hut, through

ENGLAND AND VAN DIBMAN « LAND.

293

the chimney, when the other inmates >vere asleep, and the
trio swim off to the stranger, running the risk of a favorable
reception. If unsuccessful, it would be easy enough to
return and be in our places in the morning. At the ap-
pointed signal, T mounted the chimney on the outside, to
render the rcquis-itc assistance in efrcctiii^ their egress — [the
trusty watchman!) Ulj)!) ell soon made fast to the rope
which I let flown for the purpose, and tlien, ^^ haul awaif^
was the order. I tu<r<red ui the rope, and the great lump of
llcsh slowly ascen<U'(|, Init when about two thirdw of the
<listance was accomplished, the rope stuck fast to my fingers,
(jemmell whispered, "It's all right: pull away." I rej)lied,
•' It's all wrong, though, for by my hopes of liberty, I can

not raise you another inch." "Then be d to you,"

said he, "it's all a flash in the pan, and there'll be h to

pay before I get back info my nest again. "Grant," whis-
pered he, " I say Grant where in the devil are you ] can't
you give me a hoist I be quick, for I shall soon roast here."
[There was a bed of red-hot coals underneath.] Grant was
giggling in the corner of the fire-place, ready to split with
laughter at the fun. At this moment a large turf tumbled
from the top of the chimney straight into Gemmell's face, (it
was all accidental, of course.) " Let go the rope," shouted
he, loud enough to awaken all hands. I required not a
, second bidding, and he fell heavily into the hot-bed below.

" What in li is all this fuss about V^ exclaimed at least

twenty voices, in one breath; but Gemmell stealthily crawl-
ed away to his berth, rope and all, and was snoring at a ter-
rible rate before they had time to make any discoveries ;
while Grant retreated to a dark corner to enjoy a hearty
laugh at our poor friend's expense. As for myself, I scram-
bled down from my elevation, and with right good will
roared out the watchman's cry, '■' AlPs well!^^

About the middle of March, complaint was made by the
English prisoners, that the overseer was in the habit of rob-
bing them of their rations. Mr. Gunn visited the station,
and an investigation took place. The overseer's hut was
searched, and a large quantity of our provisions was found

111

294

NOTES OF AN EXILE, ON CANADA,

Stowed away underneath his bed. He was immediately
discharged, and the station broken up. Seldom indeed does
it happen that the prisoners are so fortunate in making com-
plaints. Often do they get a flogging if unable to prove
their charges.

CHAPTER XXIII.

Removal to Sandy Bay. — Treniment of the Canndinns. — Death of Nottnge and Curtis.
— A Lady's Opinion of tlie Governor. — Starvation and Sliell-fi-li. — Four Canadians
abscond : their Sulferings and Capture. — " Tiie Hunters of Kentucky." — Removal
to " Lovely Banks." — Scenery. — Tlie Tri.sh Superintendent and Convict Clerk. —
Mr. Braberaon's Compliments, alias " T\\^," alins Bribery. — Death of Williams —
Treatment of the Sick— Cells. — The Triangles.— Robert Marsh and the Wheelbar-
row.— Dreadful Sufl'erings.— Opossum Eating.— The Hand-carts.— Preparations to
Abscond.

It was not until after the most uri^ent solicitation on my
part, that Mr. Gunn consented to my joining my countrymen
at Sandy Bay. "Depend upon it," said he, "you will fare
much worse there than with the English prisoners. They
are marked for severe treatment." I replied, "1 shall esteem
it a privilege to share their fate, and would rather spend my
whole life in slavery with them, than two years comparative
ease among such wretches as the English prisoners."

Seldom have 1 experienced more pleasure than when I
found myself, with my two companions, among these victims
of Sir John Franklin's tyranny, and received their warm and
friendly greetings. They were all strangers, but they were
MEN. Probably there was not a coward in the party, and
most of them were upright and honorable. Men of business
and good morals, they might have exerted a most beneficial
influence in the land of their exile, had they been honorably
dealt with. I have no hesitation in asserting that they were
far superior as good members of society, in every respect, to
any equal number of freemen which could have been selected
in either district of Van Dieman's Land, the city of Hobart

ENGLAND AND VAN DIEMAN S LAND.

295

Town excepted. It is in vain that we look for any justifi-
cation of their treatment. Tiie rebelUon in Canada was ef-
fectually crushed before they were sent out of that country,
and it could not have been to deter others from following their
example. It is a singular fact that their treatment was care-
fully concealed from the Canadian people, and in 1815 but few
persons in the Canadas knew, or even dreamed, that they had
been doomed to the fate of felons. It could not have been
for the purpose of reformation, for their moral characters
were good ; nor could it have been supposed that such punish-
ment would diminish their ardent attachment to the cause of
liberty. Why, then, were they thus treated? To gratify
Franklbi^s malice. Upon their arrival he told them he had
written to Lord John Russell for instructions upon the subject
of their treatment ; that until an answer arrived he should
place an overseer over them, who would merely require a
little labor as healthy exercise, the object of which was not
to punish ; and, hnally, that he was disposed to treat them
with the utmost possible lenity. When, however, no resis-
tance was made to this "healthv exercise," slaver v, worse
than death itself, began. I have since ascertained, from un-
questionable authority, that Franklin expected that the party
would I'cfuse to work, in which case he would have used no
compulsory measures, through fear of consequences. The
falsehood and deceit thus practiced by her Majesty's repre-
sentative, are a striking comment upon the misgovernment
to which colonies are always subject.

The party consisted of seventy-six men when we joined
them. Eighteen of these were captured at the battle of
Windsor, and the remainder at Prescott. [A concise account
of these battles will be found in a subsequent chapter.] Asa
Priest, of Auburn, N. Y., died on the passage out. William
Nottage, of Amherst, Ohio, and Lysander Curtis, were in the
hospital. Nottage was blown up while blasting rocks. He
lingered several weeks, and died, uttering imprecations against
the British government. He was interred in the Catholic
burying ground with more decency that is usually shown to
the remains of prisoners. The reverend Father Therry, of

296

NOT£S OF AN EXILE, ON CANADA,

Hobart Town, attended him during his illness. Curtis, whose
health was greatly impaired on his arrival, after spending a
few days in the hospital, was sent back to the station, and
ordered out to work. Mr. Marsh gave me the following
account of the murder of poor Curtis, the day I joined them:
"We were yesterday," said he, "wheeling dirt in barrows,
which were very heavily loaded. Curtis looked very ill, and
during the morning was often under the necessity of setting
down his barrow to rest. On these occasions, the overseer
(one Thomas Hewit, a pardoned felon,) would utter some horrid
oath, and tell him to go on with his work or he would seiid
him to the cells. In the afternoon he sat down his barrow
and told me he was very ill, and could not work. I told him
to speak to the overseer for permission to rest. He did so,

but the inhuman taskmaster replied, ^ D your bloody eyes,

wheel it or die by it; I don't care which !' He again attempt-
ed to wheel the barrow, but soon fainted. I threw some
water in his face, and he recovered, but said to me, '1 feel
that my work in this world is nearly accomplished. I am
glad of it, for it is better to die than live.' Several spoke to
Hewit, begging that Curtis might be allowed to go to the
station, but received nothing but oaths in reply. The poor
fellow lay on the ground till night, when we carried him in.
I watched by his side all night, and thought once that he was
dying. He was very sick. This morning the superintendent
ordered him to be taken to the hospital in a hand-cart. When
he left, a tear stole down his cheek as he exclaimed, 'Fare-
well, comrades ! we shall not meet again ; but write for me to
my poor friends. Oh ! this is indeed very hard to bear ! ' "

On the third day we were informed that poor Curtis was
no more. Many of our party envied him his rest. Some of
us had a few shillings in money ; with this we purchased some
crape which all wore on the arm for four weeks. This little
tribute of respect to our murdered comrade attracted some
attention from the congregation where we attended church
every Sabbath. I overheard the following conversation be-
tween a young lady and her father, whose pew was opposite
our seats:

ENGLAND AND VAN DIEMAN's LAND.

297

and

"Only look, father, the poor Canadians all wear crape* I
never saw prisoners wear crape before ; why is it?"

**One of their number is dead. It seems they have some
feeling for each other; poor fellows! they are very different
men from our own convicts, but I fear they are treated even
worse."

"Do look, papa, how sad and downcast they nearly all
appear. How I pity them! Why arc state prisoners made
to work and treated so very bad]''

"That, my dear, is a hard question to answer. You must
ask the governor, for it is his doings."

"What! old Franklin? You might as well ask our old
brindle dow for reasons as him.

What an old codger for

,|M

governor :

"Hush! hush! my dear; — do you know you are talking
treason] W^e shall never got another invitation to govern-
ment house if you are heard making such remarks. He is
her Majesty's representative."

"The Queen ought to know better than to send such a
stupid old granny here."

"Silence! are you mad?"

I soon found that Mr. Gunn had not misrepresented the
treatment of our party. We were obliged to conform to the
most frivolous regulations, and work very hard from early
dawn until dark. The superintendent was heard to boast
that we performed twice as much labor as any other party
on the island. Breaking and drawing stone and dirt in carts,
for macadamizing, was the chief employment. Seldom was
any thing but oaths and reproaches heard from the overseer;
and those whose constitutions were broken, (and there were
not a few such,) so as necessarily to diminish the amount of
labor required to be performed, received a double portion of
abuse. The rations were very scant, and complaints of in-
tense hunger were general. Fortunately the shore of the
Derwent was lined with shell-fish — principally cockles and
muscles — and as the bell rang for turn out long before day-
light, we were for a while in the habit of stealing down to
t\\Q beach and gathering them. Although they were boiled

298

NOTES OF AN EXILE, ON CANADA,

and devoured without any condiment, I certainly never ate
any thing which tasted better. But our stolen marches to
the beach were soon discovered and forbidden. ''We were
there for punishment and no such indulgence could be allow-
ed." Soon after this, we preferred a complaint against
Henry Baker, the convict clerk, for robbing us of our bread
and meat. Although the evidence was sufficient to have
convicted him of theft in any civilized country, we received a
severe reprimand from Mr. Gunn for making false charges,
and questioning Mi-. Baker'' s integrity.

We likewise took the liberty of sending a joint petition to
the "old granny," as Franklin was generally called, asking
for better treatment. In a few days the old gentleman made
his appearance, and delivered one of his eloquent speeches
upon the wickedness of signing a joint petition, which was
contrary to Van Dieman's Land rules. In future, if we
petitioned, it must be done separately ; but it would be far
better not to do it at all. Three American vessels came in
while we were there, but during their stay, two extra police-
men were placed over us to prevent any communication. —
One of the captains visited the station, accompanied, however,
by a colonial magistrate, to act the spy. He showed sympa-
thy for our sufferings in his looks, but not a word could he
speak in private. Many were the plans formed for effecting
an escape, but we were obliged to give them all up as imprac-
ticable, so closely were we guarded. Four of our number,
however, determined to make a trial. They left in the dusk
of the evening, and we heard no more of them for three
weeks, when they were captured upon a desolate island a few
miles from the main land. They took a boat, with the inten-
tion of following the coast north, crossing Bass straits, and
landing in New Holland. They were, however, pursued, and
their little boat wrecked upon the rocks. They had subsisted
upon shell-fish the whole time, and two (Michael Morain and
William Reynolds) were nearly starved to death when cap-
tured. The others (Horace Cooley and Jacob Paddock) were
greatly debilitated. They were immediately tried and sen-
tenced to perform two years hard labor at Port Arthur.

ENGLAND AND VAN DIEMAN 8 LAND.

299

The party in general bore their misfortunes with manly
fortitude. There were several aged men among us, who
mostly set the younger an example wortiiy to be followed in
the school of adversity. Elijah C. Woodman, of London,
U. C, and Chauncey Sheldon, of Michigan, were the eldest.
I shall never forget a little circumstance which occurred con-
nected with the former. We had worked hard all day in the
cold rain, and as usual were locked into our cheerless huts
after the day's toil, to sleep in our wet clothing until the
morrow should again call us to the performance of our cruel
tasks. Some sat upon the forms, some in their berths, while
others had covered themselves with their thin blanket and
rug to court the warmth, sleep and rest which they so much
needed. All were silent. Drooping heads and sad counte-
nances indicated that the thoughts of the melancholy party
were of bitter wrongs, or perchance of distant home and
friends. Occasionally a heavy sigh might be heard, and anon
a slight groan from the sick, (for there were always sick
among us.) Suddenly Mr. Woodman sprang from his berth
to the floor, and in a tone of voice that might have been heard
a mile, struck up "Me hunters of Kentucky.''^ The effect
was instantaneous. As if electrified, every man sprang to the
floor; sick, blind and halt, joined in the chorus; some danced,
others shouted, and all shook ofl^ the gloomy horrors of Van
Diemans Land.

About the first of May our party were ordered into the
interior. This was doubtless to prevent escape from the is-
land. " Lovely Banks" was the name of our new home.
It was distant thirty-six miles from Hobart Town, on the
road leading to Laurenston. There were no inhabitants
living within two miles of the station, which stood in a beau-
tiful valley surrounded by high hills of a red, sandy soil, and
partially covered with " she oak" as it is commonly called.
These oak forests were by far the most agreeable to the eye
of any thing which I saw of the kind on the island. The
hills upon which they -grow are generally '^ sugar loaves,"
from two hundred to six hundred feet high, free from under
brush, and adorned only with these beautiful trees, which

300

NOTES OF AN EXILE, ON CANADA,

seldom obtain a height of more than forty feet, and diame-
ter of one yard at the base of the trunk. Their large circu-
lar, ever-green tops however, vary from sixty to one hundred
feet in circumference, and the landscape which they form,
whether viewed from a distance or the base of the miniature
mountains upon which they grow, can scarcely fail to excite
the admiration of the beholder.

Mr. Gunn was kind enough to send an order to the super-
intendent (an Irishman, named Braberson,) appointing me
clerk of the station. As this would relieve me from all hard
labor, I felt, for the first time in many months, comparatively
happy. The duty of the clerk was to muster the party morn-
ing and evening, issue the rations, keep the books, &c.; and I
should thus be enabled to prevent our party from being robbed
of the pittance allowed to keep us from starving. But, alas !
the evil genius of the country ruled here. A trebly convicted
felon occupie<l the situation when I arrived, between whom
and the superintendent there appeared to be a peculiar affin-
ity. In looking over the books I at once discovered that
fraud had been practiced by these harpies , and, for my own
safety, demanded that an inventory should be taken of the
amount of stores, &c., on hand. This was refused, and after
a few days spent in the office, Braberson told me he should
retain Johnson two weeks, after which I could take his
place. In the mean time he had written to town stating
that I was not qualified for a clerk, and asking permission
for Johnson to remain. This coming to my ears, I reported
the whole circumstance to the visiting magistrate, in the pre-
sence of Braberson, and was taken aside and told to remain
quiet for a few days, and my wrongs should be redressed ; but
the promise was not kept. The next day a brace of fine
rabbits and fowls was sent with Mr. Braberson's compli-
ments, to Major Ainsworth, the aforesaid gentleman, which
of course made all square^ as his worship had no objections
against taking "^ip." The superintendent, convict over-
seer and clerk now combined to render my life as Vvreti^hed
as possible. I was kept* at the hardest work, and daily in-
sulted and abused in every possible way. Several others who

EMGLAND AND VAN DIGMAN's LAND.

301

had given offence to these ^^powers that 6e,'* (ordained, how-
ever, by his Satanic Majesty,) were nearly as fortunate as
myself in this respect. But for the hope of effecting a gene-
ral escape from the Island, I should certainly have braved the
consequences of open rebellion to their hellish tyranny ; but
I resolved to **bide my time."

We had not been long at this station when James P. Wil-
liams, alias Steward, was sent to the hospital at New Norfolk,
with sore eyes, where he soon died (as I since have been
credibly informed) from ill treatment.

Many of our number were sick, some of whom were thrust
into the cells for not working beyond their strength. We
were allowed a pair of new shoes once in four months, but
nearly six months had passed away and we still wore the
old ones, and several were compelled to work bare-footed.
One of these (Hiram Loop) refused to labor without shoes,
but he only received several days confinement on bread and
water for his presumption. The sick were often shamefully
abused, and driven out to work in the cold rains. The trian-
gles were erected, and we were threatened with a flogging;
but we gave the superintendent and overseer to understand
that this was going one step beyond the boundaries of en-
durance, and in case any attempt was made to flog one of our
party the remainder would openly rebel. As we talked
plain and decided, they took the hint, and we heard nothing
more about the triangles. The first night after they were
erected, one of our party carried them on his back over a
mile to a small lagoon, into which he threw them, and where,
doubtless, they remain at the present day.

Robert Marsh, whose constitution was sadly impaired, was
subject to much persecution. He was one day employed in
wheeling dirt, and complained of the barrow's being loaded
too heavily. But the felon overseer, who had stolen a pair
of boots from Mr. Marsh, of which he had been openly ac-
cused, was determined on revenge. Braberson, likewise
held a grudge against the poor fellow, and when the circum-
stance was made known to him, he said the work was too
light, and if it was not performed Marsh should be punished.

302

NOTES OF AN EXILE, ON CANADA

The barrow was loaded still more heavily and a slout, healthy
English fellow who happened to be present was ordered to
wheel it a few paces. He did so, and Braberson exclaimed,
"If that man can wheel it you can: let me hear no more
complaints, or you go to the cells." Accordingly poor
Marsh had to wheel the heavy barrow the entire day. Not
satisfied with this, when the party went into the station, (we
never left off work till dark) a heavy bar of iron was pur-
posely left behind, to bring which, Marsh and Stephen
Wright were selected from their coraradt-s and sent back, a
distance of two miles. They arrived at the station about nine
o'clock in the evening, as may be supposed, quite worn out ;
but we were all glad to hear that they had thrown it down
upon a rock and divided it into two pieces. As it was done
in the dark the overseer had no redress. The persecution
against Marsh now became so severe that he was under the
necessity of complaining to the magistrate. He ordered him
to be examined by the doctor, who pronounced him to be an
invalid, and incapable of performing any heavy labor. The
overseer was severely reprimanded, and threatened with a
lesson at Port Arthur for his tyranny. I relate this circum-
stance in order to '' give the devil his due," for it was the
only instance in which any of our party were fairly dealt by
while I was with them. Circumstances of similar aggrava-
tion on the part of the superintendent and dverseer were
daily occurring.

June, July and August, are the winter months in Van Die-
man's Land. Although the ground was seldom covered with
snow for more than an hour at a time, the weather was se-
vere, rain or snow generally falling throughout the day ; and
the nights were exceedingly cold. As if to increase our
sufferings to the utmost possible extent, our clothing, of
which we were now sadly in need, was withheld from us.
More than twenty poor fellows were barefooted, and in the
morning when the party went to their labor, blood marked
their foot-steps in the frost. Nearly all were half naked.
More than half the party had but one shirt. Saturday after-
noon was allowed for washing, mending, &c., on which oc-

ENGLAND AND VAN DIEMAN's LAND.

303

se-
and
our
of
us.
the
ked
:ed.
ter-
oc-

cusions these poor fellows might be seen in a state of more
than half nudity, washing their shirts in cold water, and as
there was no fire allowed in our huts, and we were prohi-
bited from entering the cook or bake-house, it was often im-
possible to dry them. This indeed was not much of an ob-
ject, as we were constantly exposed to the rain.

Sunday was hailed both as a day of rest and feasting, as
there was no church in the vicinity, parsons were not at all
troublesome, and we were left to ourselves to worship in our
own way. The opossums were very thick in the surrounding
bush, and we were in the habit of stealing away every Sun-
day to capture them. This was certainly an oj)eu desecra-
tion of that holy day, but let the reader remember that we
were half starved, and that the llesh of this animal, although
very coarse and unpalatable, was devoured with the utmost
greediness. As at Sandy Bay with ihe shell-fish, so here,
opossum catching was too great an indulgence for us, and \\\i
were prohibited from leaving the station.

The hardest work which w^e were made to perform was^^
that of drawing stone in carts from the quarry to the road, a
distance ot nearly two miles. The road was uneven and
half of the distance up hill. The carts, when loaded, would
weigh at least a^07i, the boxes being six feet long, four and a
half feet wide and one and a half deep. Four to six per-
sons were put to a cart and obliged to draw at least twelve
loads each day. Being a marked man, I was kept at this de-
lightful exercise the whole winter. After working in this
manner in the cold rain and snow from daylight till dark,
half naked and half starved, we were turned like so many
rattle into our cheerless huts, without fire, and not half
enough bedding, to sleep in our wet clothing till another day
called us to toil and slavery. For seven weeks in succes-
sion my own clothing was not once dry ; yet I was not trou-
bled with a cold, or subject to any sickness. I was, how-
ever, greatly emaciated, and felt that I could not long endure
such horrible treatment. Those of the party who were not
ill, or broken in spirit, became desperate, and bushranging
and death w^ere talked of as preferable to longer endurance.

304

MOTES OF AN EXILfi, ON CANADA,

About Ihe 20th of August we heard that there was an
American whaler in town. We had made friends while at
Sandy Bay, of three gentlemen in that vicinity, who promis-
ed to assist us in effecting an escape if practicable. Joseph
Stewart and myself determined to take a trip to Town and
see if something could not be done with the American cap-
tain in behalf of the whole party, proposing, if unsuccess-
ful, to return and surrender to the authorities. Provisions
sufficient to last us twelve days were contributed by our com-
panions from their scanty allowance, as we resolved not to
rob for a livelihood in our absence. Many of the party were
anxious to share in this enterprise, but it was deemed advisa-
•ble that only two should leave. We were in hopes that the
captain might be prevailed upon to make arrangements for
the reception of the whole party on board his vessel ; t6
leave the harbor as if going to sea and return upon a given
day to an uninhabited part of the coast designated upon a
chart of the Island, where we could meet them in i. body,
by making a forced march in the night from our station, and
thus bid adieu to Van Dieman's Land.

To deceive the authorities with reference to our intentions
we left a letter where it would be found the following morn-
ing, which I trusted would likewise induce the government,
even if we failed, to treat the party with more justice and
moderation.*

* LovELT Banks Road Station, August SDtk. 1840.
To Major Ainswor'.h :

Sir,— Our treatment at thia Btation has driven us to " take the bush," as the only
«liance of prolonging our lives. You, sir, are aware of the cruel tyranny to which we
tiave been subjected, and we can but conjiider you, as visiting magistrate to the
•tation, responsible for our own suiTerings and those of our comrades.

We avail ourselves of the present occasion to inform you that our comrades whom
vre leave behind are rendered desperate by the abominable tyranny practiced upen
them, and we can assure you that unless they are treated. much better than they have
yet been since their arrival ia the colony, nearly all of them will soon follow our
«xample. We do trust that some mercy will be shown them. You will oblige us by
forwarding this letter to the Lieutenant Governor, in order that his attention may be
called to the subject. He will find, if he takes the trouble to visit the party, that they
•re treated far worse than African slaves in any part of the world.

W« iMive the hoiMr to be, sir, your obedient servants,

L. W. MILLER,
JOSEPH STEWART.

BMOLAND AMD VAN DIBMAmV LAUD.

305

rhom

CHAPTER XXIV.

The Aothor and Joieph Stewart nbsconrl — The Journey. — A Quandary.— The Bar
prUe.— The Betrayal.— The Return.— The Mytteriuua Fuuniain.— The Surrender.

On the evening of the 29th August, dressed in the costume
of the prisoner, with our knapsacks upon our backs, we bade
adieu to our companions, removed the flimsy barriers which
British compassion had erected for the nightly comfort and
protection of the Canadians, scaled the outer wall of the
prison yard, and at the moment the watchman, an English
felon, whose duty it was to prevent night-walking, sang out,
at the distance of only a few yards, ^'AlPs well," — were
free! free from prison walls; free from British tyranny, for
a season at least, and Hope whispered, falsely whispered,
forever. Alas! alas! that sweet angel of mercy was luring
us on to slavery, wretchedness and woe, incomparably greater
than we had yet experienced. But the veil of the future
hid these things from our view^, and we saw only the bright-
ness of the present. Many a " God bless you," many a
prayer for the success of our mission by our comrades cheered
us onward, and with stout hearts and bright anticipations,
we took a farewell look at that home of slavery, plunged
into ihe dark forests, and, with the Southern Cross for our
guide, steered for the metropolis of the land of Nod. "lam
free! free! free! ''^ shouted my friend "Joe," as we de-
scended, at no snail's pace, one of the ten thousand almost
bottomless ravines which yawn between the hills and moun-
tains of the island. "Iam/rcc.'"I enclaimed with inde-
scribable transport, and the huge rocks and trees of the

'^ prison isle," as if inspired with that freedom which thej

^jdjjf"'''-'^

306

WOTCt or AW EXILE, OM CAWAOA,

forever lost when Britain planted her bloody flag, that sym-
bol of eternal slavery, upon their shores, caught the soul-
stirring sounds and echoed forth *'I am free! free! free f"*^

We traveled until early dawn, and then made our bed for the
day under cover of a thick cluster of the wattle tree. The
reappearance of darkness was tl»e signal for renewing our
journey. Carefully avoidin;^ the iiabitalions of men, we made
the hush our bi«;liway, and the warm lairs of the kangaroo
(as they spran*^ up and bounded away, measuiin<jj from twenty
to thirty feet each leap,) our restiii;^ places. Climhiui^ high
hills, and descending dark and (hmja-rous precipices, clinging
to rocks and bushes to prevent a plun<^e into the abyss be-
low, our progress was neither swilt noi unilorm. Occasion-
ally we found llic under brush and high grass so thick in the
valleys as almost to defy our ell'orts to advance ; and often
spent an hour of great exertion in gaining one fourth of a
mile.

" We arc not far from Bridgewaler," said Joc^ as we sat
upon a log partaking of a dish of that delicious beverage
"/ec," a half pound of which \v2 had earned at the Lovely
Banks, by doing five dollars worth of tailoring lor Mister
Brabersouj (Joe was a tailor,) "and I recollect seeing a large
cluster of underbrush near the public road, on our journey
up to the station, which would make a capital hiding place
through the day. Suppose we take the open country, we
shall reach it before daylight and be ready to cross the Der-
went early in the evening."

^'Are you certain," I replied, " of what you say ? I did
not notice any underbrush near the place."
"Oh, yes; lean not be mistaken."

Broad daylight found us at the designated spot, <but be-
hold! there were no bushes to secure us from the eye of our
fellow men. W^e were in the open country, in a thickly set-
tled neighborhood, and the columns of smoke which the
chimneys began to send forth, convinced us that we had no
time to lose in becoming invisible. On the right-hand side
of the road was a high hill, covered* with the oak, the sum-
mit of which might possibly afford a retreat ; and toward it

BNOLAND AND VAN DIBMAN'S LAMB.

307

it sym-
le soul-
reef'
J for the
?. The
ang our
ve made
ringaroo
twenty
nir high
:'linging
yss hc-
Lcasion-
k in the
li often
rth of a

we sat

leverage

Lovi.'iy

Mister

a largo

journey

g place

try, we

ae Der-

\ I did

3ut be-
of our
ly set-
ich the
had no
nd side
e sum-
ward it

we hastily wended our way. A mass of rocks, and the ab-
sence of any thing which could tempt man to frequent the
place, betokened security ; and without fear of being dis-
turbed, we made our beds and were soon dreaming of native
land and liberty.

About 11 o'clock, A. M., I was awakened, apparently,
by a strange presentiment of coming evil, liaising my head,
1 beheld u large dog near our feet, and a few seconds dis-
covf red to me his muster, a middle aged gentleman of in-
tert sting appearance, making directly toward us. He
seemed as much surprised as I did chagrin, at seeing us, and
hastily exclaimeil, *'What! what's this ? ah! I see ; you are
bushrangers." Poor ./of, who until now was talking broken
< sentences in his sleep, such as, " I say, Tom King, this is
a monstrous great load, you''re making us draw! we can't
get through that mud-hole with it ! There, there ; I knew it
would be so — hero we are stuck fast in the mud. I wish the
Queen had to pull it out. Pull! pull! altogether, lads!"
&,c., &,c. — now opened his eyes long enough to become con-
scious that we were in a pretty quandary., gave a very omi-
nous groan, turned liis head in an opposite direction, and
left me to entertain our unwelcome visitor.

"You have stumbled upon a fact^ my dcai sir," I replied;
'•' we are !)u^hrangcrs. May I take the liberty to inquire who
you are?"

" Oh, certainly ; my name is — — , and I am a district

constable."

" I do not wish to insult you, sir, but you will, 1 trust,
pardon me for saying I would rather have seen the face of
his Satanic Majesty than that of any district constable on
the island. You are most unwelcome to our rude habita-
ticfn, but ple<ise be seated; here are rocks — we can offer you
nothing better."

" Oh, you are over polite to a stranger I But I must decline
making myself at home until I learn something further of your
circumstances and intentions."

" I have not the least objection, sir, to giving you all
reasonable information. My own name is Miller — I gm a

308

NOTES or AN EXILE, ON CANADA,

•

citizen of the United States, and until little more than a dajr
since was a British slave. Now, however, I call myself a free
man, while you term me a bushranger — in other words, an
outlaw ; but we will not quarrel about terms. Allow me
now to introduce ray friend Mr. Joseph Stewart, a real
Jonathan, like myself. Mr. Stewart, please to sit up and
make yourself agreeable."

Joe remained motionless, and only ejaculated a faint
" ahem !"

*' Your friend," said our new acquaintance, " seems rather
unsociable ; but allow me to inquire if you are not the two
Canadian prisoners who absconded from the Lovely Banks,
night before last?"

" We are the same."
* "Indeed! I am sorry, for it is, as you must know, my
duty to apprehend you. How could you have been so fool-
ish as to abscond 1 Your free pardons are expected to arrive
every day ; there is no possibility of escaping from the island
unless you have money and friends, and if you live in the
bush, robbing for a livelihood, you must soon come to the
gallows. But I will not believe that you Canadians would
rob. I have heard an excellent report of your characters,
and all the respectable inhabitants in the colony are your
friends."

" As for free pardons, we have waited a long time lor
them, and I fear may wait until we are all murdered under
our inhuman treatment ;" and I told him of the horrors to
which we had been subjected. He expressed great surprise,
and much sympathy for our party ; and assured me that our
wrongs were not generally known or they would have been
redressed.

"But," he continued, "it is most fortunate for you thztt I
have fallen in with you to-day. You have not yet been
absent two days, and therefore will not be punished as ab-
fconders. 1 have influence with the magistrate here, and
will insure you a mere nominal punishment, and this indiscre-
tion will be forgotten when your pardons arrive. Come, go
with me at once ; you will never be sorry for it, and I will

•\

ENGL AND AMD VAN DIEMAN 8 LAND.

309

faint

lor

«ven state to the magistrate that you voluntarily surrendered
yourselves to me."

•* You are very kind, sir, but we can not go with you. We
have taken tiic bush for the purpose of escaping from the
island, and until we have had a fair trial, and failed, shall not
surrender, unless absolutely compelled to do so."

"If there was any possibility of your succeeding, I should
indeed be sorry to interrupt you, knowing as 1 do the nature
of your crime, and that you have been badly treated here.
But of what am I talking? 1 am bound by my oath to appre-
hend vou, and must do so."

My d(3ar sir. you forget tliat we arc two to one. As for
being taken, rely upon it we shall not. I'nlcss you promise
upon your honor as a genllcnian not to betray us, you must
remain vviiore yon arc until evening."

'•As for tliul, I have only to call for assistance, and in fifteen
minutes a dozen persons will be here ; it is impossible for you
to escape."

"I trust you will allow us to pass without molestation; I shall
be very sorrv to use harsh measures, but if you attempt to cs-
cape or call lor help, we shall certainly make you repent it."

"Come! — what's the use in talking? You must be imngry;
go with mi3 to my house antl get a (!up of tea, after which I
will go willi you to the magistnite."

" We are not hungry," and I opened our knapsack, showed
him our stock of provisions, and explained the manner in
which they came into our possession. "These," I continued,
" will last us until we have either succeeded or failed in our
enterprise, if the latter, we shall surrender to the authorities,
and as we are about conmiitting no greater crime than that of
escaping from slavery, I feel confident you will allow us to
pass."

"But you will bo obliged to steal a boat in order to cross
tlie river."

"You tbrget, sir, that we arc Americans, and can construct
a raft."

"Raft! pray what is a raftl I never heard such a word
used before." ' ^

310

NOTES OF AN EXILE, ON CANADA

• I explained how a raft might be constructed from drjr tim-
ber, to answer the desired purpose. He seemed quite aston-
shei, and exclaimed, — "Well, well, I have heard much of
Yankee ingenuity, but this is something new. You Ameri-
cans can do any thing. But have you really any hope of
making your escape should I allow you to passt which you
know I cannot do on account of my oath.''

"We have friends who have promised to assist us."
"Where arc they, and what are their names'?"
"Do you think we shall betray them] We know better
than to use our friends thus."

"I am glad to see that you do. Never betray your friends."
"Now, sir, you can look at these papers, which will con-
vince you that we are at least men of principle, even if we
are prisoners. We will pledge ourselves, if you allow us to
pass unmolested, and we succeed in reaching our homes, to
send you one hund'-cd pounds sterling; if we fail, and are
obliged to surrender ourselves, you will get nothing but our
eternal gratitude."

He looked over some certificates of charater, which we
carried with us, and returned them, saying, "They are quite
satisfactory, and I should feel no hesitation in lending you the
sum of money you oiler me as a bribe, if you required it and
there was a chance of your succeeding ; but," and he eyed
me keenly, "do you sec any thing in my countenance which
encourages you to think I would break my solemn oath for
money 1 • No, no, sir ; I am above bribery. I came to this
colony several years since, independently rich. 1 have five
thousand acres of good land, and all the money which I care
about. I accepted the office which I hold, not because of the
salary, which is of no consequence to me, but to maintain
good order in the neighborhood."

"I rejoice, my dear sir, to find that you are a gentleman of
honorable principles, and this encourages me to hope you will
allow us to pass."

" I have already told you that I am bound by my oath to
Btop you. Nothing can tempt me to break my oath."
Recollecting that I had a letter from a dear sister, received

ENOBh^ND AlfD VAN DIEMAN's LANDi

311

while I was in London, in my portfolio, as a last resort I hand-
ed it to him, requesting that he would read it.* He did so,*
but had only read a few moments when I saw a large tear
trickle down his manly cheek. Another, and another follow-
ed, and soon he was sobbing like a little child. Stewart,
hearing the sounds, arose from the bed where he was reclin-
ing, and plead most eloquently our now brighte'ning cause.

"Are you a father," said Joe, "and would you hinder us
from going homo to gladden the hearts of parents who have
suffered years of dreadful misery on account of the absence of
their children ? Have you a mother whom you love ; and will
you not have compassion on ours? Have you a sister, such
a sister as penned that letter, and can you witlihold this bro-
ther, who has been guilty of no crime except fighting in the
cause of liberty, from returning to the homo of his childhood
to gladden her heart? No, no! I will not believe that you
will think of ofiering any hindrance to our journey. Is it
such men as w*e are whom your oath requires you to appre-
hend? Is it not rather men who rob and plunder the peaceful
inhabitants of the island? Why, it would be a crime ! a crime

"Stockton. Mnrcli 4th, 1839.

Dear, dear Linus, — Witli sen3ations w'.iirli I sliall nm attempt to describe, I have
tnken my pen to address a near and dear, jel far distant brotlior. Your letter by tlif
" Great Western '' was received on Friday last Till then, we liad not received a
line fr.iin you since November last. The news we then received, was to us not only
very distressinij, but wholly niie>:,ierled. We had fondly hnpcd and believed that
you would soiin be restored to liberty and to us; but, alas ! time has shown us how
little we knew of futurity, and ol" the men, loo, in whose power you were placed.
We learned from the papers that the prisoners, under sentence of transportation, had
arrived at Quebec, and had embarked for Liverpool, but this was afterwards contra-
dicted, so that we were left in ignorance of your fate. William wrote a letter to you
directing it to the care of the high sherif of Midland District, requcating liim to
forward it to you. and earnestly entreali.ig him to write atid give us snme information
respecting your fate, but the re(piest has been treated with neglect. I learn by read,
ing llie papers that he lias business which he probably considers of more importance.
If he has any feelings of hunnuity, and I am inclined to believe he has, his situation
must indeed be pitiable, for lie occupies a station where he is not only familiarized
with scenes of blood and horror, but is obliged to be an instrument in the perpetration
of them. But enough of this.

A few weeks since, we saw an account of the arrival of the Canadian prisoners at
Liverpool. A list of their names was given, bo that we were no longer in suspense
reipecting your destiny ; but the sweet hope that our Linus would yet be liberated,
and that his presence would once more gladden our hearts, seemed entirely to fcrsake
MS. Mother's tears seemed to pour forth afreah, and with a sigh, she said we should

312

NOTES OP AN EXILE, ON CANADA,

against our suffering friends; a crime against humanity and
against heaven to stop us. Would you, oh ! would you send
us back to the horrid slavery from which we have just escap-
ed? No, I will not believe it. I did not know before that
there was a single inhabitant of this island, thi? land of crime
and suffering, who has a heart to feel for another's woe, but I
find there is one, and I thank God for it."

The stranger arose and offering a hand to each of us,
exclaimed, —

" God bless you, my young friends, and prosper you in
your undertaking. I am a son, a father and a brother, and
that letter has brought me to a sense of my duty. You, Mr.
Stewart, have said truly; my oath of office is not binding
against such men as you. I would not hinder you from
going home to such friends for all the world. I could not
sleep nights with such a load upon my conscience. Should
you reach home in safety, remember me to that sister and

your aged parents, and tell them there is a man, yes, not one,

« ——

never see Linus more Our liejirU were sad. Fniipy preseutPii ynu id our i'.nngina-
tion in nil the fiirms oT sufi'ering ntui distrpss; yd we could not rencli forili our hand*
aad administer to ^nur wnnls. Yet amidst all our sorrowq. we did not, 1 trust, forget
that there was one kind friend, whose tneicil'ul hand is Streiclied out siill. We did
not forget that a just God '• rules and reijjns in the armies of heaven, and does Hit
pleasure among the inhabitonis of the earth. "

Abojt two vveel<s since, news came in the *' Fredonia Censor," that twelve of the
Canadian prisoners had been taken from Liverpool to London, by Mr. Iloehuck,
under a writ of habeas corpus, for the purpose of having tested before the Court of
Queen's Bench, the legality of their sentence of trnnsportaiion. It also added that an
opinion prevailed that the prisoners would be acquitted. O, Linus! should I attempt
it I could not describe to jou the emotions of my heart on reading this jo.vful intelli-
gence. J had forgotten to tell you lliat the names of the prisoners were given, and
yours was among the number. We lieard nothing more until we recreived your
letter, which created '-i our hearts a mixture of joy and sadness— of hope and fear.
Whether the eflorts of your kind friends in England prove successlul or otherwise,
I trust we shall ever retain a grateful recollection of their kindness and benevolence
in our hearts, May Qnd, who delights in those who shuw mercy to the unfortunate,
reward and bless them.

I can not relinquish the sweet hope of again seeing you, and enjoying your society, but
if God has olhernise drtermined, my prayer is, that Me will be better unto you, than father
or mother or brother or sister. >•**«*

And now, Linus, if you were only here, I think we should all be very happy. Oh. neTer,
never forget us, nor how much we wish ip see you. If you are not liberated at present, 1
hope and believe that you will be at some future time,— if so, do not wait a Jay, but haitea
home and gladden our hearts. Keep up good courage, Linus, and continue to tru>t in God.
May you yet be prosporoua and happy, is the tiueere wiilk and prayer of your sifter,

ELVIRA E. MILLER.

did
Ilia

rer,

t. I

tea

ENGLAND AND VAN DIEMAN^S LAND.

313

but thousands, in this home of crime, who feel for the vroei
of the unfortunate. Should you fail, I have no fear that
you will betray me. You can remain here until night, and
then go on your way. This place is quite safe. I have never
seen any body here except yourselves, during the whole
period that I have o^\'ned this land, anu it is at least eight
years since I visited this summit before. Why I came here
to-day 1 know not, but being out for a walk, my dog came in
this direction, and I mechanically followed him. I trust I
have not made you so unpleasant a visit after all, as his
Satanic Majesty might have done, even though I am a district
constable. And now young friends, farewell ! and may God
Almighty guide you in safety to your homes."

Thus we parted. Reader, he was a pattern which millions,
who call themselves christians, and boast of their good
deeds, might copy. Such a man might say with propriety,
in the lano^uaire of Job, *' The blessino; of him that was
ready to perish came upon me, and I caused the widow's
heart to sing for joy."

On the evening of September 2d we arrived at Sandy Bay.
While our piirty was stationed there, I had formed an ac-
quaintance with an aged man, whose son was a Publican,
and one of those who had promised to assist us in eiTccting
an escape. Knowing that his house was the resort of con-
stables, I felt reluctant to trust myself on the premises, but
wrote a letter, asking Mr. to see the American cap-
tain, and if possible induce him to grant us an interview.

Repairing to the house of the father, I asked him to carry
the letter and deliver it to his son. He had formerly pro-
fessed much friendship and sympathy for our party, and I
did not hesitate to apply to him for this favor. He was
greatly -agitated when he saw me, and begged me to leave,
■aying that I should get himself and son into trouble. [All
persons were forbidden by law to harbor or assist any pris-
oner in escaping from the island, under a penalty of five hun-
dred pounds.] I assured him that our presence there was
unknown to any person except himself, and if any difficulty
arose, it could only be through his indiscretion. After much

ii
i

314 NOTES or AN EXILE, ON CANADA^

urging, he consented to carry the letter to his son'8< house ^
which was only a few rods distant. I followed him to the
road, and anxiously awaited the issue, but was not kept long
in suspense ; for in less than a minute after he entered the
door, six or seven constables rushed out, followed by the
old roan, who sang out, '' Now, young man, take care of
yourself; the constables are after you 1" ^^ You old reprobate f^^
I exclaimed, and fled. The pursuit was a hot one, but I
soon distanced them, proving an old saying of mine, " there
is great virtue in a good pai» of legs." Turning in an
opposite direction, I soon rejoined ray comrade, whom 1
had left behind in charge of our baggage. In an hour's
time we were snugly ensconsed under a stone bridge, three
miles below Sandy Bay, where we had nothing to do but
mourn our hard fate. All our hopes were thus suddenly
crushed ; for it would be madness to think of prosecuting our
designs, when, within a few hours, hundreds would be on the
lookout to catch or hunt us down like wild beasts of the
forest. To attempt any description of our feelings would be
useless, and I leave the reader to fancy our misery. Slavery
worse than death was before us, and human blood-hounds
were eagerly " snuffing up their prey," to obtain the reward
offered for our apprehension. Our comrades, too; what
would become of them 1

We remained in our snug retreat the following day, during
which time more than thirty constables crossed the bridge in
search of us. If they had only looked in the right place*
doubtless they would have found us ! At night we com-
menced a retreat, with the intention of returning to the
Lovely Banks and surrendering to the authorities.

On the third day a circumstance occurred which borders on
the marvellous, the simple unadorned facts of which I shall
relate, and leave the reader to draw his own conclusions ;.
premising, however, that I am no believer in enchantment.

We were traveling along the side, and near the top of the
ridge of mountains which runs fromHobart Town in a north-
erly direction along the river Derwent, and were, I should
judge, about twelve miles from the former, and four miles.

ENGLAND AND VAN DIEMAN's LAND.

315

from the latter. As we were far from human habita-
tions, we ventured to travel during the day, which was
intensely warm, although old Wellington, whose head
reached above the clouds, was clothed with snow. Not a
breath of wind, nor a sound, save that of our own footsteps,
and their echo, broke the solemn stillness which reigned in
that desolate region. At length we both became exceedingly
thirsty, but could find no cool stream of water in which to
cool our parched tongues. Once, indeed, we descended a
deep ravin*e, in the bottom of whii h the sun never shone.
The tears of old Night were still hanging upon the under-
brush in the form of dew-drops, which we eagerly kissed
away, and never in my life did I drink any thing which tasted
half so delicious. We were nearly fainting, when to our
great joy we discovered a beautiful fountain of water running
from the base of a ledge of rocks, nearly one hundred feet
perpendicular. After making a cup of tea and remaining
at the spring two or three hours, we proceeded on our way.
At the distance of about half a mile from the spring, I
detected myself casting my eyes around in search of a
third person. I became conscious, at the same instant, that
I had been under the influence of a kind of spell, if I may
make use of the word, from the time we arrived at the
spring, until that moment. Reason told me it must have
been an illusion ; yet the impression that a stranger had been
with us at the fountain, had taken part in our conversation,
reclined with us upon the bank of the stre m, partaken of
our refreshments, and left the place in oui company, was as
strong upon my mind, and seemed as much a reality, as any
common place event in my existence. I at once came to the
conclusion that the physical and mental sulTerings which I
had endured since absconding, had produced a partial
derangement of mind ; and resolved not to mention the sub-
ject to my companion. Two minutes had not elapsed from
the time the illusion under which I had been laboring was
broken, when I observed Mr. Stuart, who was a few paces
in advance, pause — look around, as if in quest of some per-
son besides myself, stare at me, pull of)' his cap and scratch

316

MOTES OF AN EXILE, ON CANADA,

his forehead, (a custom with him when greatly puzzled,) aod
finally set down upon a fallen tree which lay near, with
an expression of perfect bewilderment upon his countenance.
I took a seat by his side, and the following dialogue took
place :

" What is the matter, Joe ?"

" Oh! nothing of consequence. But — have you seen any
thing in my conduct of late which would lead you to sup-
pose me cranky V^ (deranged.)

" Nothing, except what has occurred within a few mo-
ments. But why do you ask such a question ?"

" Because, I begin to think my head is a little cracked."

Joseph Stewart, a Pennsylvanian by birth, and a hero at
the battle of Prescolt, was a young man, of superior intel-
lect, extensive information, great decision of character, good
principles, and above all, generous and amiable disposition.
He possessed all the requisites of a pleasant ccmpanion and
trustworthy friend, and such, I am happy to say, he has been
to me for years. ?,Iy own temi)erament was decidedly san-
guine, his choleric, and I knew that the efll'ct of gas, or
any known substance impregnated, w'ould be difTerent upon
him than upon myself. Judging from his manner that, like
myself, he had just recovered from some mysterious influ-
ence, I felt some curiosity to learn the precise impressions
he had experienced, and therefore continued to question him.

" What reason have you for so novel an opinion f

" Oh ! I am not going to tell you to be laughed at ; but,
it is very strange!"

" What is strange % Explain yourself, Joe, and I prom-
ise, that however ridiculous it may be, I will not laugh at

you

" Promise me first never to mention the subject to a third
party without my permission. They would certainly think
me cranky^ and I believe that I am."

I gave the desired promise, and was surprised to find that
he had been the subject of precisely the same impressions
as myself. He was no less surprised to hear me acknow-
ledge, after he had finished his acecant of the affair, that I

ENGLAND AND VAN DIEMAM's LAND.

817

mo-

bad been duped in the same manner. From our being
absconders, the appearance of a stranger, even at n. distance,
would, under ordinary circumstances, have caused us alarm,
but it was remarkable that we both considered the mysteri-
ous person, while with us, a companion, who belonged to our
party, and with us as a matter of course ; yet neither of us
had taken particular notice of his countenance so as to be
able to describe it ; but both agreed that he was of common
stature, dressed in black, wore a common straight bodied
coat, and was a very pleasant and agreeable companion. Nor
could we tell the subject of our own or the slrangtr's con-
versation, but it seemed that we had talked, laughed,
related anecdotes, &c., and that he bore us company from
the spring nearly to the place where we were sitting.

As we were in no particular haste to tlirovv ourselves into
the arms of our cruel enemies, wo resolved to spend the
evening where wc wore, and return to the fountain on the
morrow for the express purpose of solving the mystery. —
Neither of us wished to go away without ascertaining, if
possible, the cause of so strange an effect. Stewart had like-
yyse left a silk handkerchief upon the bank where wc had
reclined, and to persons in our circumstances such a trifle was
of some value. A large cavity in the side of the mountain,
was our habitation that ni^ht. and in the niorninfr, refreshed
and invigorated by our rest, we retraced our steps to the
apring, determined to guard against any illusion, and if possi-
ble discover the mystery.

When wc came in sight of the place I exclaimed, "There
it is Joe ; mind now and keep your eyes open.''

"Oh, never mind me," he replied, "the devil himself shan't
crowd into our company to-day without my knowing some-
thing of his business." '

We remained about three hours at the fountain, made and
partook of some tea, &c., and departed ; but when about as
far from the spring as on the previous day, I again caught
myself looking about for our fascinating companion ; and in
less than thirty seconds Joe likewise broke his spell, and
began to swear that old JSTick had outwitted him again. Botb

318

MOTB0 OP AM BXILB, OH CANADA,

of U8 had forgotten the business that brought us to the spring,
the moment we arrived there. Our strange companion was
a^ain with us, and our impressions were the same as before.

In taking leave of this subject, I would remark to my young
friends who may chance to peruse these pages, that in the
days of superstition, which have happily passed away, it is to
be hoped forever, the efibcts which I have here described
would, in all probability, havri been ascribed to enchantment;
but that every cflbct has a natural cause adequate to produce
it, is an axiom which can admit of no doubt in iba present
enlightened age. A repetition of visits to the spnng, and
chemical analysis of its waters, would doubtless have explain-
ed the mystery.

On the 11th September we voluntarily surrendered to the
authorities at Bagdad, and felt happy in being again admitted
within the walls of a prison. From tlie time of our betrayal
at Sandy Bay, we had been most wretched. All hope of
escape was at an end, and the dark future was frowning upon
us. Knowing that we were hunted like wild beasts of the
forest by our enemies, we never felt a moment's security ;
and the reflection that we were outlaws, prohibited the habi-
totions of our fellow men, without a place where we could lay
our heads in safety, to rest our wearied limbs, rendered even
A prison a desirable asylum.

XJIGLAND AMD VAN MCMAv'l LAND.

319

CHAPTER XXV.

The Trial— Thiv TrentHtnill. — An Oiitrnge. —Tom Hewit. — Tntervifw with Mr.
Guni) — Iliirrid TrentiiuMil mi board tlie Uiig bribtflla—Taiininirs Peninsula tncl
Port Arthur. — Tlif, Cinimntiilanl. — Tlie Convict Overseer anJ Carrying Gang. —
Indescribable Horror!) Stewart in the Cells.

A FEW (lavs after our surrender, we were removed to
Green Potids i'or trial. We were taken ''ito the presence of
Major ^insworthy and a convict clerk. The latter arose
upon ourenlrarce, and read as follows:

"Linus Wilson Miller, and Joseph Stewart, you, and
each of you, stand cliarg;ed with being illegally absent irora
•your party twelve days."

• Major Ainswo.th. — " Do you plead guilty, or not guilty-,
to the charge ]"

"Guilty."

Major Ainsworth. — "I have it in my power to sentence
you to perform two years' hard labor at Port Arthur, and I
shall do 50."

I attempted to speak, but the British magistrate exclaimed,
^•■I will not hear a single word."

This, reader, was a specimen oi summary justice in the
land of Nod.

We were now chained and handcuffed, and had the plea-
sure of marching to town in charge of a constabUe, where we
were thrust inlo the tread-mill mentioned in a preceding
chapter. There were about one hundred persons in thii
establishment, mostly convicts, but freemen were sent there
by the pdice magistrate of the town, for drunkenness,
&.C. An immense wheel, about thirty feet in diameter

320

NOTES OP AN EXILE, ON CANADA,

and sixty feet in length, was kept in constant motion four-
teen hours of the twenty-four, by thirty prisoners. Every
four minuter, one of the men descended from the wheel
at one end, while another mounted it at the other; each
man upon the wheel thus periodically shifting two feet
towards the place of descent, which was reached in two
hours. All who were too poor to purchase exemption from
the overseer, were obliged to ascend the wheel in turn, and
perform the novel, but very hard labor, of stepping from slat
to slat (which were fil'tecn inches apart,) as it turned upon
its axis. Stewart and J, owing to the hardshij)s and priva-
tions we had lately experienced, were very weak, and being
poverty stricken J were of course obliged *Mo tread out the
corn," as it was significantly termed ; and, but for the privi-
lege of changing, (giving each other a **spell," when half
way through,) could not have accomplished our tasks. Hard
OS the trials of the day were, those of the night were still
worse. The prisoners under sentence for Port Arthur were
locked into a sleeping ward by themselves, which was lite-
rally alive with vermin of every description. Sleep wai
out of the question, until one became so perfectly exhausted
as to be able to slumber upon a bed of thorns. During the
four weeks which we spent here, I think I did not sleep
over two hours each night. The number of inmates wai
daily increasing, and the scenes enacted by these wretched
men, during the hours of darkness, were of the n ost revolt-
ing and diabolical character; too dark to be written — too
dreadful to be thought of I I will relate only one instance
of a practice of almost nightly occurrence, which was, from
its comparatively mild character, deemed a trifle in the chap-
ter of outrages usually perpetrated. A new hand had come
in during the day, apparently "flush" with money. Indeed
he had foolishly exposed a well-filled purse, which he had
contrived (probably by tip) to smuggle in. The stranger
occupied a berth adjoining my own, and was soon asleep.
About two o'clock in the morning, I likewise became un-
conscious of surrounding evil, from which I was awakened
by the horrid cry of "murder! murder! murder! " proceed-

ENGLAlfD AMD TAH DIRMAM '0 LAMD.

321

ing from a rictira close by my side. In a moment he was
drawn from his bed into the middle of the floor, when vio-
lent struggles and fearful cries followed, but the latter soon
subsided to groans, he having been gagged. Some persons
now commenced overhauling the vacant bed, while others
tore his clothes in pieces as if in search of plunder. I should
judge about ten minutes had elapsed after the first cry, when

some one exclaimed, *'I have it; — let the bloody b r

go! " and a scrambling for berths by the perpetrators of the
outrage took place. The sufferer, however, lay some time
on the floor, unable to rise; and fearing he might be actually
murdered, I groped my way to him in the dark and offered
assistance. Expressing sympathy for his sufferings, and
indignation at the outrage, I felt a hand upon my shoulder,
and a voice whispered in my ear, " If you say one word
about this (tjfair, wvHl cut your bloody heart out to-morrow
night/ ^^ In the morning the poor fellow's face and hands
were covered with blood, and his mouth and neck so badly
swollen that he could cat nothing for three days after. —
The linings of his trousers, waistcoat and jacket, were gone,
and all his money. This same fellow, however, a few days
afterwards, joined the gang who had robbed him, and assist-
ed in serving others in the same way.

We had been in the mill but a few days, when one morning
the door opened, and Tom Hcwit, our former overseer at
Sandy Bay, came sneaking in. lie had been on a drunken
spree, and was sent here to pay the penalty by treading out
corn^ seven days. " Well met, Tom Hewit," exclaimed my
friend Joe, but Tom was ashamed to recognize old acquaint-
ances, and walked away to the other end of the ward, with
a look of deep mortification. In addition to his wanton
cruelty to poor Curtiss, he had abused me much, but now^ he
was reduced, for a time at least, to the same glorious level
with one whom he had wronged; and was, apparently,
ashamed to look me in the face. I saw him offer a crown
to the overseer to purchase exemption from labor; but that
worthy functionary refused it with scorn, exclaiming,

" No, no ! Tom Hewit, you have been a hard overseer. I

322

NOTES OP AN EXILE, ON CANADA^

ill

have heard that you caused the death of one of the Cana^
dians, by compelling him to \vork when sick, and there aro
two of that party here now, whom you abused ; they tread
the wheel, and you shall do the same. No ! no ! Tom
Hewit, I want none of your money!" and so he had
to mount the wheel. He was a large, stout man, weighing
upwards of two hundred, which made the work doubly hard
to him ; and, as the story of his conduct towards, the Cana-
dians, had gone the rounds, he could not even hire any one
to change with him— give him a spell. '* He who shows
no mercy, must not expect any," was the usual reply to his
solicitations. Three days had he taken his turn upon the
wheel, and was fast losing llesh. The fourth was unusu-
ally warm, and when he got half way through the wheel,
he was dripping wet with perspiration, and appeared quite
overcome with the heat and fatigue. Many eyes were upon
him, and it was generally believed that he would be unable
to go through. " It serves him right, and he'll learn how
to treat his men after this," said the English prisoners. The
evil spirit within my breast responded "a77icw" to this; but
a better angel whispered, " Love your enemies ; take a
christian's revenge." 1 walked up to the wheel and slightly
pinching his leg to attract attention, exclaimed, "Mr. Hewit,
you appear to be fatigued; come down, and I will relieve
you." He did so without hesitation, and when I descended,
stood ready to olfer me his hand, while tears streamed from
his eyes. He was about to speak, but I interrupted him,
saying, "1 know what you would say ; but let it pass : you
are freely forgiven on my ]>art." ''•Oh," he exclaimed,
"this is too much; but I richly deserve it all. II you had
struck, kicked or even spit upon nic, I would have borne it
in silence, for I knew I merited such treatment at your hands,
but I was not prepared for this. But I will make atonement
for the past while I live. I will never ill-treat my men again.'*
The next day an English felon was about dealing me a blow
for having accidentally trodden upon his "sore foot," but
Tom Hewit stepped up, and shaking lis huge fist in the fel-

ENGLAND AND VAN DIEMAn's LAND.

323

low's face, exclaimed, "Touch a hair of his head if you dare}
I would die ri<;hting for that man."

On the 20th October, a vessel arrived from Port Arthur to
convey thither the prisoners under sentence. I asked per-
mission to see Mr. Gunn before we embarked, which was
granted. When I stood before him, (doubly ironed and hand-
cuffed) he ordered his clerks to leave the office.

"Well, Miller," said he, in a tone which sounded kind,
" what do you want ?"

" From wiiat I hear of Port Arthur, I fear that Stewart
and myself will neither of us live to return. W^e aro already
greatly eiiuuiatcd ; and how we can bear and live under
greater hai(lshi[)s, Heaven only knows. But as you have
professed iVioiulship for me, I lake the liberty to re(iviest that
in case I parish llieie you will write to my father, and bieak
the subject to him in as cautious a manner as possible. You
are yourself a father; and I need noi say more. Do not
think, however, sir, from my making this request, that my
heart is faint or my spirit cowardly. If I sink under my
sufferings, it will not be from either of these causes, but a
want of stieiiotli to bear them. I shall struggle to the last,
and the consciousness of receiving undeserved punishment,
will at least sweeten the bitter cup. 1 likewise wish to say
to you that I consider we have been must unjustly dealt by.
The Engli.sh prisoners are seldom, if evtr, sent to Port
Arthur, ioitlie first offense. I have known many instances,
during the few months I have been in the colony, in which
for the thin], fourth, and even sixth attempt to escape from
the island by prisoners of very bad character, who have been
tried for various offenses perhaps twenty times, no heavier
punishment than fourteen days' solitary confinement has been
inflicted. Now you have not a scratch of the pen on
your books against either Stewart or myself, except this one
offense. We were only absent twelve days, during which
time we committed no depredations whatever upon private
property — which can not be said of English prisoners when
they abscond — and we voluntarily surrendered ourselves at
Bagdad. Yet without being allowed to say a single word in

324

K0T£8 OF AN EXILE, ON CANADA ,

our defense, we have been sentenced to two years' hard labor
at Port Arthur. This is the heaviest penalty known to the
law for our offense, and I must say I think it very hard and
unjust."

Mr. Gunn. — " You might have been tried under the * black
act,' as it is called, and hung for breaking out of your hut."

" Has any prisoner ever been tried under that law, a law
which was passed nearly twenty years ago, a law in which tho
j)enalty was so disproportionate to the offense that even Colo-
nel Arthur lacked the hardihood to enforce it."

Mr. Gunn. — " But it has never been repealed, and you might
have been tried under it. The government of this colony had
the power to do so."

"Am I to understand that you would justify the government
in hanging a man for that offense'?"

Mr. Gunn. — "By no means; 1 think it would be very wick-
ed to do so. But you might have been tried for felony, and
sentenced to transportation for fourteen years, for stealing
government property. You took each a blanket, tin pannakin,
and all the clothing on your backs."

" As for the clothing on our backs, my dear sir, you would
have found some difficulty in defining its value, and as we had
been due for new clothing two months when we left, yon
would have made but a lame case put of our old rags. As
for the blankets and pannakins, we certainly took them with
us, but they were articles served to us when we landed on
the island, and we were told that they were ours, that we
must make them last two years, and that we were accounta-
ble for their safe custody. Now, sir, when we surrendered,
I called the district constable and delivered those very articles
to hirn in the presence of witnesses. Methinks the govern-
ment of this colony would have engaged in small business in
trying to nvake out a case of felony from this."

Mr. Gunn. — "Well, well, so they would. And now we
have talked the matter over a little, I will speak my own sei>
timents on the subject without reserve. Had I tried you, I
■hould not have dreamed of sending you to Port Arthur. I
have been a magistrate of this colony nearly twenty years,

ENGLAND AND VAN DIEMAN's LAND.

325

•d labor
i to the
ard and

' black
• hut."
V, a law
hich the
en Colo-

)u might
lony had

rcrnment

srv wick-
lony, and

stealing .
pannakin,

ou would
IS wc had
left, you
rags. As
hem with
landed on
5, that we
accounta-
•rendered,
ry articles
ic govern-
)usiness in

i now we
\f own sei>-
•ied you, I
Arthur. I
inty years,

during which period I have never known so hard a case as
yours. I felt when I heard of your sentence, that it was
very distressing, and much regretted that you did not surren-
der yourselves here in order that I could have tried you. —
Why Major Ainsw^orth was so severe, I can not imagine. 1
can not, however, interfere at present with the sentence
which he has passed upon you ; but when one half of it has
expired, if you will petition his Excellency for the remission
of the remainder, and forward the petition to me, 1 will sec
tliat you arc removed. 1 would do more than this, if 1 could,
but it is out of my power. You must do the best you can
at Port Arthur until then, when, if your conduct remains as
good as heretofore, I will take care that you do not suffer in
this way again. Be assured you have my deepest sympathies,
and depend upon my friendship, let what will occur. I shall
certainly write to your father, if necessary, as you desire; but
I trust there will be no occasion for it. Tell your comrade
tliat I deeply sympathise with him, and will not fail, upon his
return to town, to place him in some situation where he will
be comfortable so long as he remains on the island. Take
care of yourselves, and do not forget to petition."

Our suffierings on board the brig ^' Isabella," during the
passage to Port Arthur, were ten-fold greater than we had
before experienced. The space between decks was not four
feet in depth, and could not have exceeded six feet by ten ;
yet, into this narrow hole, forty -six prisoners were crowded,
all of whom were doubly ironed, and hand-cuffed in pairs.
Only about one-fourth of the number could enjoy the luxury
of sitting upon the floor at once, for want of room, and the re-
mainder, be it remembered, could not stand upright, but yet
were obliged to support themselves upon their feet, and lean
forward, at the same time clinging, with their manacled
hands, to their companions. In short, all were literally
wedged in, and when the vessel pitched and careened from
side to side, we were thrown into heaps upon the floor ; the
wrenching of the irons upon our limbs producing the most
excruciating pains and torture, and the weight of the upper-
most crushing those beneath, half to death. The most hor-

326

KOTSS OF AN fiXILE, ON CANADA,

rid oaths and imprecations mingled with the cries and grouM
of the poor wretches. Nearly all were sea-sick, and the deck
was literally a pool of nauseous matter, produced by -vomit-
ing. Every man was wet to the skin with it, and the stench
was intolerable. The only air which we breathed was
admitted through a hatchway about three feet square, and
those most remote from this opening were nearly suffocated.
"Water! water! for God's sake, some water!" was con-
stantly vociferated by a dozen voices at a time ; but the
monsters who had charge of us would only hand down a tin
pannukin full, (less than a pint,) at stated intervals. Many
fainted, but it was with the greatest difficulty that they were
dragged to the hatchway in order that a little fresh air might
save their lives. At the end of thirty-six hours we reached
Port Arthur, in a state of misery which language cannot
describe.

It is a subject which can excite no surprise to the reader,
that penal settlements should be formed in convict colonies,
where those who violate colonial laws, and are found
to be incorrigible offenders, should be sent for additional
punishment. Such a settlement was established on Tasman's
Peninsula, in the year 1830, by Col. (now Sir George)
Arthur, after whom it was named. This Peninsula lies on
the south-east side of the island, distant from Hobart Town
fifty miles, and contains, I should judge, upwards of two
hundred square miles. Its coast is like that of the main
land, mostly iron-bound and very irregular, but forms sev-
eral harbors, the best of which is called Port Arthur, and
lies several miles inland. Its surface is marked with high
hills, several of which are termed mountains. Mount Ar-
thur, Mount Communication, and Brown Mountain, are the
most important. The former lies within two miles of the
settlement, and is about 1500 feet high. Port Arthur, upon
the western side of which the settlement stands, is a beauti-
ful and spacious bay, containing sufficient anchorage ground
for a large fleet to ride in safety upon its smooth surface ;
but the channel through which it is approached, is somewhat
intricate and dangerous. Nature has done her part in ren-

ENGLAND AND VAN DIEMAN's LAND.

zrf

dating it one of the most pleasant and romantic places in
that quarter of the globe ; but man has converted it into a
home of woe, sin and shame. The dreadful scenes enacted
here despoil nature of all her loveliness, and stamp
gloominess, despair and death, upon every object. The set-
tlement, when viewed from the harbor, has the appearance
of a considerable village. The officers' quarters, (which are
good buildings,) the military barracks, large stone hospital,
&c., cover the side of a considerable hill, fronting the bay.
To the right are the prisoners' barracks, enclosing nearly
two acres of land, and surrounded by a wooden barricade ;
while still farther on are seen the church and parsonage ; a
I :auti(ul alley, formed of choice trees, leading to the former ;
and its steeple towering above surrounding objects. A very
large biick building, four stories high, consisting of a mill
and commissariat store-house, offices, &c., stands on an
embankment, within n few rods of the wharf. Upon the
northern side is the dock-yard, &c., where some fine vessels
have been built by the prisoners. I saw, during my stay
here, two beautiful vessels launched ; the first, the barque
*' Lady Franklin," of 350 tons, and the other a schooner of
120 tons.

On the morning of October 22d, we were landed at Port
Arthur, and marched to the store-house, where our chains
were taken off, and a suit of new clothing served to each
man, consisting of a sheep-skin cap, striped shirt, jacket,
waistcoat, and shoes. These were the only articles of cloth-
ing allowed to be worn. The suit was v:hat is termed in the
land of Nod, "magpie ;" one half being black, and the other
yellow, arranged so that the front of one limb of the wearer
was yellow, while the other was the before-mentioned color,
&c. Washing, and shearing the hair as close to the head as it
could be cut, was the next operation to which we were sub-
jected, after whieh we were taken to the commandant's office,
ajid the rules of the settlement read to us. These were very
strict, lengthy, and minute. It took the clerk at least an
hour to get through with them, and required a wonderful
memory to recollect one-tenth of the whole code. We were

^:i

'i ]

328

' ^ MOTES OP AN EXILE, ON CANADA,

informed by the commandant, Charles O'Hara Booth, Esq.,
that we had come to a place o[ punishment ; and that for the
first few months, it would be very severe ; but, if our con-
duct was good, the last part of our term of sentence would
be more tolerable.

When he had done, we found a convict overseer, of the
name of Sawyer, waiting for us. His first salutation was,

"Now you bloody new chum '! I have you ! I will run

your legs all off, and have a dozen flogged before night, into
the bargain. Come on, and I will sh->w you what it is to
work! ha! ha! ha!" and away he started for the bush,
walking, or rather running, at the rate of at least five miles per
hour. He conducted us to a saw-pit, where there was
a large quantity of lumber of various descriptions. " Seize
them," shouted he, "and away to the settlement! my
bloody eyes ; but this will bring you to your senses ! But
it is nothing to what I've got for you to-morrow."
Although seventy pounds was a legal load, according to the
settlement rules, some of these sticks weighed from 200 to
300 lbs. I selected as light a one as I could, shouldered it
with the greatest difficulty, and staggered away. Several
men swore they could not carry them, to which Sawyer
replied, "go along without them, then ; and 1 will take you
to the office. But perhaps you don't know what the office

is 1 It is where you heard that d d long code of laws

read to-day. So sure as I take you there, you will be
flogged and sent to bring the very loads you now refuse,
when if you don't carry them, you will be flogged until you do.
There's no such word as canH at Port Arthur." When we
got half way to the settlement, we were allowed to rest for
five minutes, at the expiration of which, "pick them up!"
was shouted, and we carried them in, a distance of half a
mile, the overseer walking as fast as he could without any load,
and continually singing out, "Come on, you bloody crawlers ;
keep up or go to the triangles." The moment the loads were
(Uposited in the lumber yard, "come on," was again shouted^
and back we went for another load. This time tour poor
fellows were unable to carry their loads. One of them got

■

;

ENGLAND AND VAN .^MAN'S LAND.

329

Lis stick about two -thirds of the distance, and fell under it,
close by my side. " Pick it up," said Sawyer, " or be

flogged." "Flog and bed d!" said the other, "for I

canH carry it another inch." Three of the four were flogged
in less than an hour. They were covered with blood when
they returned and carried their loads. The fourth was a
poor, sickly-looking fellow, and the commandant was com-
passionate enough to sentence him to five days' solitary con-
finement on bread and water, instead of ordering him to the
triangles. This sentence, although hard, was actually a
mercy, as it gave him a chance, not, certainly, to gain much
strength upon a pound of bread per day, but to rest himself
after the dreadful sufferings of the passage, and there were
but few among us who did not envy him. Night came at
last, and never had the setting sun looked so much like an
angel of mercy to me before. Let the reader remember what
our previous sufferings had been, particularly during the
passage, and then he can form but a faint idea of my condi-
tion. Bad as the present was, the future was still more
horrible to reflect upon. I knew that I could not long
endure the horrors of the "carrying gang," as it was called,
for I was sadly emaciated, and worn out already. The sys-
tem pursued toward the new hands bad been previously
explained to me by an English prisoner, who had served
two years at Port Arthur, and I felt that there was no hope,
unless He who "tempers the wind to the shorn lamb,"
should save me. It was the rule to keep prisoners three
months in this gang after their arrival. The work was gene-
rally as hard, and frequently much harder than I had that day
performed. From ten to twenty men were, with but few excep-
tions, daily taken before the commandant, (charged by the
overseer with idleness, disobedience of orders, insolence,
&c.,) who made it a rule to flog them without mercy. Occa-
sionally, the debilitated state of the prisoner procured for
him the milder punishment of the cells ; but so long as ho
was in this gang, being taken to the ofRce insured him
certain punishment of some kind. The overseer (Sawyer)
was a devil incarnate, if there ever lived one. He had been

#5 1

130

NOTES or AN EXILE, ON CANADA,

■entenced to death for highway robbery once, and twice to
transportation for life, five years of the last to be spent at
Port Arthur, which sentence he was now iinderpjoing.

He was probably made overseer of this gang on account
of his being a perfect tyrant ; but I am satisfied the com-
mandant, who was really an excellent man, did not know of
many of his practices, or he would have been severely pun-
ished. Every new load of prisoners from town always
brought some money with them. This was strictly prohib-
ited, and many ingenious plans were devised to smuggle it,
one of which was, swallowing ])ieccs of gold. Every per-
son in the gang was of course liable to be suspected of pos-
sessing these hidden treasures, and in\ order to discover the
real Simon pnres, and compel them to '''fork ovcr,^' the
whole were continually *•' run,^^ as it was termed, for
months. Loads which it was impossible to carry were
heaped upon them, until some excuse was Ibund to take
them to the office. Knowing the dreadful punishment that
awaited them, they would generally give up their gold, and
Sawyer instead of persecuting them further, or taking them
to the office, wordd allow them to go into the bush and lie
at their ease while the others worked. Some would stand
flogging three or four times before they yielded their money,
and this encouraged the overseer to persevere in his perse-
cution of others who were not possessors of a penny. I
have no hesitation in asserting that hundreds are yearly
ruined in health for their lives, in this gang, and many are
carried from the gang to the hospital, and'^a^a thence to
their graves. Perjury of the blackest character was contin-
ually practised by Sawyer, when he took the men to the
office. If the \'ici]m fell under his enormous load, the wretch
would swear that he threw it down and said he would not
carry it ; or if he used a word of remonstrance, he would
charge him with outrageous insolence, and make his conduct
appear so bad that the commandant would order him to be
flogged as an incorrigible offender.

It was in vain that any defense was offered by the victim.
If he told the commandant that his load was so heavy he

ENGLAND AND VAN DIEMAN'S LAND.

331

could not carry it, that gentleman would order Sawyer to
bring it to the office, that he might see it. The wretch would
select a light load instead of the real one, bear it to the office,
and swear that it was the one which the prisoner refused to
carry. If the prisoner denied a charge of insolence, and
called his comrades as witnesses to prove Sawyer a perjurer,
they durst not speak the truth, knowing that in a day or two
he would persecute them to death for it.

Under such circumstances, who could wish to live] I felt
that I could endure any thing but a flogging ; and even tho
torture of the lash 1 cared but little for, but the dcfrradation
1 could not bear ; and resolved that I loould not. There was
an alternative in case I was sentenced to this punishment,
which was to ])crish first by my own hand. Whether I should
have (lone it or not, if put to the test, I can not say ; but I
thank Heaven that I was sj)arcd the trial. I tlionght then tliat
1 should be justified in doing it, but reflection has convinced
me that it would iiavc been wrong to rush unbidden into the .
presence of the Almighty. For the sake of kindred I deter-
mined to exert myself to the very utmost, and bear all which
the strength I possessed would enable me to, in averting the
triangles ; yet there was not, apparently, one chance in a
thousand for success.

It was customary to keep the new hands, for the first throe
or four weeks, at night, in the cells. Tiiere were 114 of these,
nearly all of which had occupants. They were built of
stone, and were very damp and cold. Wc were allowed a
blanket, rug, and thin ))ed-tick, (unfilled,) and a board shelf to
sleep upon. This was indeed a luxury, after the dreadful
hardships of the day.

The next morning, at sunrise, the bell rang for labor, and
" Come on," &c., again sounded in our ears. My own limbs
were so stiff and sore that it seemed I could not stand upon
my feet. I Hkewise felt exceedingly weak. Poor Stewart
was as bad as myself. We looked at each other in silence,
each feeling that there was no consolation, no hope to hold
out to the other. When we arrived at the load, which wai
to be carried a distance of a mile through the thick bush,

it-ii

182

MOTES OP AN EXILE, ON CANADA,

horror-stricken as I was at the sight of it, I seized my faithful
comrade by the hand, and exclaimed, " Stewart, never give
up the ship!" lie pressed my hand and answered, "God must
give us strength to-day, or we arc lost!" These were the
only words which cither of us spoke that day ; but there was
many an agonizing look })asscd between us ; many a secret
prayer sent uj)ward to the prisoner's God.
A stick of green timber, eighteen inches square and forty

feet in length, lay before us. "Now, you bloody ! I am

going to teach you what Port Artimf is, and if any of you
don't like the lesson, you have only to get a taste of the cat-
o'-nine-tails, and my bloody eyes! but you Mill fall in love
with this business at once. Every man stand up straight
when under it, if it drives his legs into the ground two feet.
Thirty-six lashes is the penalty here for bending one's back
under a load ! " Selecting twenty men, he ])laced ten upon
each side, opposite each other, and after ordering the remain-
der of the gang to carry some round spars, which was almost
as hard work as carrving^ the sawn timber, he exclaimed —
"Seize it! up! up with it! shoulder it, you !" But seve-
ral attempts were made before it could be done. "Away you
go to the settlement," and we started, staggering as we went.
Had the ground been even, and the men of the same height,
it could have been carried much easier ; but the tallest labored
under a great disadvantage, inasmuch as they must often
cither carry the whole load or be crushed beneath it. I was
the tallest man in t!ie gang, notwithstanding which, I was
required to stand upright. Several times was I literally crush-
ed to the earth, on which occasions I was threatened with tho
triangles ; and oaths and shameful abuse showered upon me,
not only by Sawyer, but the men, who at such times got their
tharc of the load. We were allowed to re'st only once on
the way, and when we reached the settlement, I was nearer
dead than alive. On our way back to the bush we were
obliged to run, at least part of the way ; and yet it seemed to
me I could not stand upon my feet. It was only by exerting
my physical powers to the very utmoit, that I got through

ENGLAND AND VAN DIEMAN*8 LAND.

333

with the day, during which many of the men were flogged or
sentenced to partial starvation in the (^ells.

The following day, Stewart threw down a very heavy load,
and told Sawyer ho was ready to die, hut could not carry it.
He was taken to the olTice and tried for idleness, insolence j and
disobedience of orders. This was the charge which the demon
overseer preferred ngainst hiiu, under oath. When called upon
for his defence, Stewart stated tiie simple truth, and implored
the comn^andant to spare him the degradation of the lash. "If
you would kill me, or if you would have me kill myself,'' said
he, " Hog me ; but if you have any comj)assion, pass some
other sentence. Starve me to death in the cells ; load me
with irons ; extend my term of sentence ; any thing but a flog-
ging." " Look at his police character," said the commandant
to his clerk. This document was placed in the magistrate's
hand. *' What," exclaimed he, after perusing it, ''you are then
one of the Canadians, sent here for absconding ; no other
charge ever preferred against you. You look very emaciated
and weak ; are you willing to do all and sufl'or all which your
strength will admit of ? I never flog a man when 1 think he is."
" Indeed I am," replied Stewart. " I shall sentence you to
three days' solitary cor.iinement." " Thank you," said Stew-
art ; and he was removed to the cells, where, as he after-
wards informed me, he fell upon his knees, and thanked heaven
for his deliverance !

334

jfOTBS OP AN EXILE, ON CANADA^

CHAPTER XXVI.

Horrible SufTeriiijTj. — The Old Granny visits Port Arthur. — Speeclillyiiig. — A
Change.— Tlie Invnlid Gang.— The Ghartiit Prisoners.- The Ciial Mines.— Tbe
Billet. — Protnution from tlie H'asktub, — Rev. J. A. Manton.— The Evening School.
— Eagle Hawk Neck. — Crimes, iVc— The Itlc of the Dead.

To the Great Ruler of human destinies would I ascribe
the preservation of my life, and escape from the dreaded
torture of the triangles, while in the carrying gang. Every
man except myself, who had no money to give the overseer,
•was flogged in less than a fortnight. Often, very often, was
I threatened with the same fate ; more particularly when
crushed to the earth by the heavy timber. Sawyer seemed to
owe me a great sjrite on account of ray nationality, contempt
of himself and the English convicts generally, and above
all, patience under his abuse. Whatever my feelings were,
I bore all in silence, knowing that I could gain nothing, but
had every thing to lose in contending with such a wretch.
Stewart, whose health was sadly impaired, escaped further
persecution by being shifted into the invalid gang. The
labor continued the same as described in the preceding
chapter. 1 am confident that I did all and suffered all
which any man of the same strength could to save his life.
Day after day I struggled on, half starved, emaciated, subject
to the most horrible physical and mental torture, and pray-
ing either for death to end my sufferings, or Heaven to grant
me more strength to bear them. The shoes which were
•erved to us on our arrival, were very rough inside, and as
we were obliged to wear them without 'S'^cks, and either run
or walk as fast as possible during the day, our feet soon

ENGLAND AMD VAN DIEMAn's LAND.

330

became perfectly raw. At the risk of being punished for
destroying government property, I tore some pieces from
tiic iiew sliirt on my back, which I wrapped around my feet;
but when I took them otf at niglit, pieces of flesh oftc a ad-
hered to tliem, and they were stiff with congealed blood.
The edges of the timber were sharp^ and in less than a
week the bones on each of my shoulders were laid bare.
A friend kindly furnished me with some remnants of old
clothing, with widch I made a pad for each shoulder.
Sawyer attcnipled to deprive me of these, saying it was con-
trary to the rules to wear them ; but I went to the chief
constable (a Mr. Newman) for permission to use them,
which was |j;riuited. In any christian land my feet and
shoulders would have exempted me from labor ; but here,
sucii things were considered mere //•///('5, not worth minding;
and I confess that although they often produc d the most
excruciating torture, I regarded them in the same light.
They were nothing, when compared with <)ie heavy loads,
and the triangles, and death, which consl^ntly stnred nc in
the face. At night, when I found myself agai» -afe in my
cell, my llrst impulse was to throw myself up'i" my knees,
and thank God that he had given mc strei.^th to get th -ugh
with another day, and during the whole tinu, that I was in
the carrying gang, I think there was not a single niglit that I
did not lie awake until 12 o'clock, (my i. 'is shaking with
the cold, uid my whole frame in dreadlul ajj^o.j . i)roduced by
overexertion,) })raying to the prisoner's God lor strength to
support me on the morrow; and that I might be saved from
the fate I so much dreaded.

Four weeks had passed away when I learned with horror
that, on the morrow, a stick r^ limber for a mast to the ves-
sel building in the dock yard, , as to be carried, which was
far heavier than than any of our preceding loads. 1 knew it
would be utterly impossllle for me to lift a single pound
more than I had done, : ud gave myself up for lost. In the
morning, as the gang were mustering for labor, we were
inspected by the superintendent. He was an Irishman, and,
I am happy to say, much more humane than than many of

■ ;i|

836

MOTES or AM EXILE, OM CAMADA,

his countrynien with whom I became acquainted in Van
Dicman's Land. He was a tall, rough, raw-looking fellow,
and would swear most unmercifully. Although I had never
spoken with him, (fancying that I saw kindness in his looks
as he passed, and knowing he had the power to save me,) I
ventured to step from the ranks and do so.

" Sir, I trust you will excuse the liberty I take, but there
is to be heavy carrying to-day, which is impossible for me to
perform according to the regulations of the settlement. I
am the tallest man in the gang, and yet am required to stand
upright under the heaviest loads or be flogged. I am aware
that T have been sent here for punishment, and am willing to
do all which it is possible for man to do ; but more I cannot,
and unless you save me, I shiill, in all probability, be taken
to the office and flogged. I could bear the pain of the lash;
but, sir, I have the feelings of a man, and cannot endure the
degradation. Any thing which is possible I am willing to
do ; but I cannot stand upright with more than a ton's weight
upon my shoulder.

"Man," said Mr. Cart, "what you say is right. I am a tall
man myself, and shouldn't like the end of one of those

d d great logs on my shoulder, with a dozen or two of

them crawlers behind me, singing out as I heard them to you

the other day — * stand up, you bloody long !' Why, if

you stood upright, you would carry a dozen o fthcir loads, at
least! Yes, man, yes, what you say is right. Sawyer, com«

here."

The scoundrel stood before him.

"Now, man, mind what I say, or I'll have you flogged.

Never put this man under those d d heaVy loads again,

but give him a load by himself. You can always find
enough single loads to carry. Mind what I say, man, or I'll
serve you as you have nearly all of your gang, of late."

"Thank you, Mr. Cart," I said, as I turned to go away,
my heart full to overflowing — ". you have saved me from —

" Is your name Miller *?" interrupted he.

"Yes, sir."

*< And you are one of the State prisoners 1"

" I am."

ENGLAND AND VAN DIEMAN 8 LAND.

337

'II

}7y

"D d shame! D d bad treatment! But never

mind, man, you'll meet friends here when they find you out.
D d shame ! D— d bloody shame !"

What more he said 1 know not, for at that moment
'* Come o;j," called mc away ; but my heart was lighter than
it had been before at Port Arthur. Sawyer was greatly
enraged at my applying to the superintendent, and swore he
would iret me Hogged for it befoio night. He would often
search hak' an hour for a very heavy load for me, but I
always managed to carry it. I now began to entertain some
slight hopes that I should escape the triangles, at least so
long as I could carry I'rom 150 to 250 lbs. a distance of from
one to two miles. About this time we were employed for a
week in carrying shingles from the summit of Tongatabou, u
small mouniain distant three miles from the settlement. A
bundle of sl)ingles weighed from 70 to 100 Tbs., and we were
obliged to go seven turns a day, making a distance of fortv-
two miles, with this load, half that distance on our backs ;
yet it was the liglitest work which we had perfurmcd simt'
our iiriival, and we esteemed it (luilc a Ircdf.

We had been at the settlement five weeks when the
•■' old gra!iny" paid this i)art of his dominions a visit. Hr
<-^ime in the government schooner ••' Eliza Ann," accompa-
nied by his suite and a great number of gentlemen from
llobart Town aiul the country, among whom wr.s our old
friend, .Majar ^linsicorth ! The })iisoners did not go out t'>
work on that day, but were ^'•kcpt In"^ to listen to one of his
'' iligant speeches." At 1 o'clock, P. ]M., all hands were
turned out in front of the prisoners' barracks, and ranked
up about twenty tile deep, in number, nearly thirteen hunch'ed.
The oHicers of the settlement and strangers who accompa-
nied him were all present, to hear the thrUllna; address
delivered by Her ^Majesty's representative, after the fashion
described in a preceding chapter.

"■' You are vile wretches! You have been sent here for
violating the just and righteous laws of this colony, and
there is no crime which many of you have not perpetrated
Hanging is too good for you, Y^ou are all devils f You am

338

KOTES OP AN EXILE, ON CANADA,

worse than the devils in hell; but I have got you here for
punishment, and you can't escape. / say, men, you canH
escape. It's of no use trying to run away here;^^ and he
talked in a similar strain, upon the subject of absconding,
for half an hour.

The most desperate characters at Port Arthur, "were
chained to a heavy log which they were obliged to carry
about with them, working hard in a gang by themselves during
the day, and sleeping in the cold cells at night. To them he
now turned, and poured forth a volley of low Billingsgate,
slang and abuse. He made them out to be tenfold worse
than the men in general, whom he had already ranked below
devils. When he had finished the poor fellows, he said ;
^< There is a man here by the name of Linus Wilson Miller ;
I wish to see that man !" Little dreaming what was to follow,
and thinking he had some good news to communicate, I
instantly stepped out in front of the ranks, and exclaimed,^
" My name is Miller, your Excellency."

" There is a man here by the name of Joseph Stewart ; let
him come forward, also."

Joe made his appearance, and we stood side by side, before
Victoria's representative. Our appearance was such as
should have moved the heart of the most brutal savage to
pity. The cruel hardships we had undergone had reduced
us almost to skeletons ! We were pale and haggard, and the
heavy logs, under which I had often been crushed to the
earth, had so injured my chest that I was compelled to lean
my head forward several inches ; as standing upright, in a
natural position, occasioned dreadful torture to my breast.
My waistcoat and jacket, about the shoulders, were red and stiff
with the congealed blood, from the wounds underneath, and
my whole appearance indicated that I had sulTered to the very
extreme of which human nature was capable, and that my
days on earth were f w, unless my condition was speedily
ameliorated. It was not until Frmklin's eyes were fixed
upon me, in which I at once saw rago, malice, and, I think I
may add, murder^ fearfully gleaming, that I suspected his
motive in calling me from the ranks. Instinctively I stood

ENGLAND AND VAN DIEMAN 8 LAND.

339

let

erect, in spite of the pain Avhich it produced in my chest, and
gazed upon his countenance, feeling that I would not, if it
cost me my life, bow my heac' a single inch before the tyrant.

Addressing me particularly, he said :

"I am glad to see you here ! I am glad to see you at
Port Arthur ! I am glad to see you looking so miserably
wretched ! I am glad to see you in that clothing, which
none but the vilest men wear, and which is too good for you.
[He alluded to the ..ingpie dress.] I am glad, very glad, that
you are here, in my power, where there is no escape,
and you can be punished as you deserve, but there is no
punishment whicii is not too good for you. You are the
worst man that I ever saw, read of, or heard of. The men
here are nothing to you^ and I rejoice that I have got you
safe. To think of running away from your just punishment ;
to make your escape from this island ; and that too, after all
I had done for you and your party. O ! you are a vile,
ungrateful, depraved man! Stewart was misled by you!
You coaxed him away ; I've heard all about it. I have a
/i/^/e pity for him, but for you I have none. It's a good
thing you gave yourselves up wlicn you did; the whole
country \vc:c turning out C7i masac l; capture you. You
would have been taken in three days. ^)U would have been
shot, for I gave orders to my soldiers to shoot you. !
you're a bad man. I'm glad to see you here, before me,
looking as you do. But you were not satisfied with getting
away yourself. No, no. You must try to get the whole
party away. More than eig/i/^ men ! O! you are a demon.
And then I've treated them so well ; 0! you're a wretch.
They are all good men. I have the kindest feelings for them;
and, if they behave well, they '11 some day be pardoned.
J5ut you shall never be. I will take care that you remain
here for life. You shall never leave Port Arthur. You shall
suffer the severest treatment possible in this place. Your
condition shall never be made better, but worse than it now
is. No matter how good your conduct is, you have forfeited
your character for life, and you shall never be treated one
jot better, if your conduct is ever so c;ood. When you wcrf

340

NOTES OF AN EXILE, ON CANADA,

with the other Canadians, you were constantly exciting them
to mutiny ; but now you 're gone, they behave well. Oh,
you're a dreadful man. I'm glad I've got you safe. I'm
glad you're so wretched. You shall always be so. You
were not satisfied with being a leader in that low, wicked
rebellion in Canada, but you want to be a leader here, of
your companions. But they have found you out, and hate
you as I do. O ! you are a desperate man. More than all
this, I am satisfied you wrote the ^ Round Robin!'' None but
such a vile wretch as you could ever have written such a
letter. Threatening me, her JMajestv's Representative; threat-
ening that all the Canadians would take the bush, unless I
gave them some indulgence. O ! you are a bad rnan. How
I rejoice that I have j^ot you here. I'll break your Jlmeri-
can spirit/ I'll teach a young stripling law student, full of
Yankee conceit and impertinence, a lesson. 1*11 break your
low republican independence. I'll cure your fighting for the
(^anadians. Yon yoiwg Jimerican j)ui)pij I I Ml give orders
to have you treated your whole life, with greater severity
than you now are." Turn"' g to the 1300 convicts present,
the refuse and scum of mankind, tlie dregs of Van Dieman's
Land, and stretciiing forth his hand toward them, he conclu-
ded as follows: "Now, my good men, I caution you all to
.s7i«/i this man. Don't let him lend you astray. Don't let
him get up a rebellion here, which he is sure to do, if you
listen to him. Beware of iiim ! slnin him as you would a
viper ff^

Never was my temper so severely tested as upon this occa-
sion. I knew that any attempt at a reply would insure me an
immediate flogging, and to have struck him to the earth, as T
wished, would be followed with death. Had he charged me
with any thing immoral, and calculated to do my character
an injury, I would not have borne it in silence ; but, as
all the abominable sins which he put upon my shoulders
were of a different nature, I cared less for his ridiculous
abuse. Before he concluded, I got rid of every feeling
except pity and contempt for the poor, weak, imbecile old
man ; and would not have changed places with him for the

ENGLAND AND VAN DIEMAN S LAND.

341

't let

world. Ainsworth stood at his elbow during the harangue,
and I at once understood that he had had a finger in the get-
ting up and sweetening of this savory pie. He was a tolera-
bly good match for the "old granny," though not quite so
great a fool. When the prisoners were left to themselves,
there was a rush made toward me at once, by the most des-
perate characters, who were anxious to form an acquaintance
with one declared to be such a devil; but I told them to stand
otf or I should pollute them, and that I would have nothing
to do with them.

I now [;ave myself up for lost. Tlie ofliccrs of the settle-
ment had all been present at the speech iJ'i/ino\ and I supposed
the outrap^cous abuse I had received would have the cHect
intended by Franklin, to prejudice their minds against me,
and carrv out his hellish desipiis. I knew tli;it there was a
righteous God who had the hearts of men in his keeping, and
that He couUl deliver ine from the very jctios of death ; but a
series of ill fortune had attended me for so long a time, that I
began to think I was accursed of God ^ as well as man. Yet I
had sometimes thought, while walking in the midst of the burn-
ing furnace of allliction, that He whom the king of Babylon
saw with the three Hebrew captives in the fire, and compared
to the Sun of God, was with me, and that His arms of mercy
were underneath and round about me. If ever I humbled
myself before my ]\Iaker, and felt my dependence upon Him,
it was that night, while locked up in my cell. I thought
of the past^ the present^ and the morrow. I thought not of
deliverance from death, and the horrors which surrounded
me ; but I prayed for strength to bear my fate ; nor did I
pray in vain! Ere I arose from my kneeling posture, I again
lieard that " still, small voice," whispering to my crushed
and aching heart, "• Fear not, for I am with thee ! be not
dismayed, for lam thy God!" In the morning I arose,
calm, and resigned ; and feeling that I was prepared for the
worst. But " man's extremity," it is said, "is God's oppor-
tunity." An hour had not elapsed after the Governor left
for town, when the surgeon of the settlement sent for,
and thus addressed me : " Miller, you look very ill. You

342

NOTES OP AN EXILE, ON CANADA,

cannot be able to perform such heavy work, and I shall shift
you into the invalid gang."

My heart was too full to reply, and I burst into tears;
they were the first which I had shed at Port Arthur.
Another week in the carrying gang would, in all probability,
have either ruined my constitution for life, or killed me
outright ; and this deliverance was so providential , that I
exclaimed as I walked away, " If God be for us, who shall
be against us ]" From that day every officer in the settle-
ment was a friend ! Franklin meant his abuse for evil, but
there was one, greater, who meant it for good. He lef*
strict orders that my punishment should be increased ; in
other words, that I should be murdered: but the officers said
among themselves, " How strange His Excellency's conduct
is toward this poor American youth ! How bitter he was
against him! How cruel to tell him that let his conduct be
ever so good, he should be treated during his life with
increased severity ! But we will not obey our instructions
with regard to him. So long as his conduct remains good we
will trfeat him well."

The same night I was released from sleeping in the cells.
The huts which the prisoners occupied, were warm and com-
fortable, and I felt quite happy when I found myself occu-
pying a snug berth by the side of Stewart. During the day
we worked together, in the government garden, and were
praised for our industry and orderly conduct. The officers,
when they saw us alone, had always some kind word to say,
and treated us with a degree of respect never shown to the
English felons. We now became acquainted with Messrs.
Frost, Williams and Jones, the Chartist prisoners, tried in
England in 1839, for treason, and the sentence of death,
which was passed upon them, commuted to transportation for
life, three years of which were to be spent at Port Arthur.
Frost was a man of considerable influence in England, and
had been a magistrate, and mayor of the city of Newport
several years, when he headed an army of rebel Chartists,
which was defeated, and he, with his two companions, ruined.
Williams was made an overseer of the coal mines, on his

ENGLAND AMD VAN DIEMAN 8 LAND.

343

arrival, but in an attempt to escape with some of his men,
was recaptured, tried and sentenced to two years' hard labor
in irons, and was chained for some months to a log, with the
desperate characters before referred to. Frost and Williams
were both excellent men, and deserved a better fate.

The coal mines referred to are at the northern extremity
of the Peninsula distant twenty miles from the settlement. They
arc worked by about 200 of the worst characters at Port Ar-
thur, and the labor is said to be exceedingly hard. The coal
thus obtained is transported to town in government vessels,
and sold at from tliree to four dollars ])cr ton.

1 had been in the invalid gang about three weeks, when one
evening as we lay in our berths, Stewart remarked to me that
he should like to get into the wash-house to work.

" What in the name of common sense do you want to get
into the wash-house for?"' 1 asked.

" Oh, it is a hilld. The work is light, and performed under
cover ; and the men get tobacco, and enough to eat into the

bargain."'

" W'ell, I for one would sooner go to the gallows than there!
Why, Joe, are we not degraded enough already, without wash-
ing for the convicts of this horrid place ? Uyou want the situ-
ation, you arc welcome to it for all nic. jVo, no! I'll never
fitoop quite' so low as that."

*' In my opinion you are more proud than wise ; I only wish
1 could get the chance," rejoined Joe.

The next morning as we were mustering for labor, Mr. Cart
called me from the ranks and said, " Wait a little, man." When
the gang had marched away, he turned to me and said, **Man,
can you wash F'

" Wash ! did you say, Mr. Cart 1"

" Yes, man, can you wash 1"

"I do not know as I understand you sir."

" D n it, man ! can you wash a shirt V

" I am obliged to wash my own, but never thought of doing
more.

" Ah ! I sec ; you arc too proud for the business. But take
my advice, man. There is a vacancy in the wash-house. The

344

NOTES OF AN EXILE, ON CANADA,

work is easy, and you will be comfortable there ; at any rate,
it is far better than working in the gangs. It is a billet, too,
and no other man on the settlement would be allowed to have
the situation until he had done two-thirds of his sentence. You
have only done two months out of two years, but I wish to
befriend you ; go, and you shall have abetter situation soon."

'' But you must excuse me — I — really — "

" D n it, man ! go along and try to wash a shirt ! I am

your friend, or I should not give you the chance. There is not
another man in the gangs who would not jumj) at it, and I have
denied more than twenty who were due — for a billet — accord-
ing to the i'ules, to save it for you."

What could I do ? ]f I refused, it would offend Mr. Cart.
Awav I marched to llie wasli-liuusc, cursinc: the billet in mv
heart, while hundreds, among whom was poor Joe, were cw-

Every Monday morning 1.300 shirts were divided among five
men (of whom I was one,) to be washed, dried, and returned
to their respective owners. An overseer presided over us to
sec that the work was properly done. For the first three
weeks I rubbed tlic skin from my fingers, and found great
<liilicultv in £?cttini^ a tithe of tlie dirt off the shirts, which,
when Saturday night came, presented a very sorry appear-
ance. But the pleasantcst ])art of my duty consisted in serving
out the clean linen. The English prisoners were all enraged
at the partiality shown me, and delighted at an opportunity of

finding fault. " Do you call that clean, you bloody long !"

one would say, as he hove the really filthy shirt at my head ;
and a thousand insults were ollered me, while I peddled them
off. Some would even swear their shirts were dirtier than
when I received them ; but I had learned to be a philosopher
while at the vmsh-tttb, and bore all with stoical indificrence.

The first Sunday morning a dozen of my customers, at least,
went to Mr. Cart to complain that their shirts were not proper-
Iv washed.

*' Beg pardon, sir, but look here, sir, my shirt ain't not half
clean."

"Ah! who washed it?"

"Miller, the American, sir."

ENGLAND AND VAN DIEMAN S LAND.

34$

« I) n it, man, can't you see 1 the shirt is quite clean ; go

away man, go away ; don't come here again, or I'll have you
[TUl in the cells."

Had any man except myself washed the shirt, Mr. C. would
have ])unishcd him ; at least so said the prisoners.

I had been employed in this situation about seven weeks,
when the clergyman of the settlement, Rev. J. A. Manton,
and Mr. Cart, ])aidme a visit at the wash-tub; after some con-
versation with reference to the United Slates, Canadian rebell-
ion, ifcc, in the course of which, the former remarked, that had
we suc(;ccde(l our party would have been rewarded and high-
ly honored instead of punished ; he asked me if 1 had any oIh
jectionslto becoming clerk of the church and school-keeper.
I was overjoyed at the oiler, and thanked tliem for their kind-
]iess. 1 went with them to tiie Conmiandant's oliice, and that
gentleniautlius addressed me :

*• I am glad that Mr. Manton has made choice of you as his
clerk. I had much rather you would have the sil nation than
any other man at this })la(;e. I iiave watched you closely since
your arrivjil, and have formed a very favorable oj>iiiion of your
character. So long as your conduct contiimes good, 1 shall
feel the greatest pleasure in beiViending you.''

Thus ended all mv juanual labor lor the British Government.
The duties of my new situation were pleasant, and in some res-
l)ects delightful. Mr. Manton ever i)roved a kind and laithful
friend.* lie ^vas a zealous and iaithful minister of the gos-
|)el, and instrumental in doing much good wherever his lot
was cast.

*Van Dieman's L\Nn, ?
Port Arthuk, Oct. 24ili, iSie. \

Dkau Sir: — I nm assured that you will pardon a stranger intruding liimsplf upon
your notice, wlien I iiilDnn ynu tliat the suhject upon whicli I am to write is the wei-
fure of your son, Linus Wilson Miller. It is now two years since Providence cast
my lot at this abode of wretchedness and sin, to net in the fearfully responsible situa-
tion of Chaplain of the Station. As such the adult school came under niy care. This
School is open to all the prisoners on three evenings of the week. They are formed
into classes, and taught by those from among their number, wiio may have been favor«
ed with an education in youth. Among these teachers I observed a young man of in*
teliigent appearance, and very .oteady and praiseworthy conduct. At first I said notb<
iag to him, nor did I make any inquiry respecting him, but kept my eye upon him.
After a time I imiuired his name and circumstances, when it appeared he was one uf

846

MOTES OF AN EXILE, ON CANADA,

The evening school was held in a large buildinp^ erected for
that purpose, and was attended three nights in each week by
from 100 to 200 prisoners, who, after the toils of the day were
over, preferred learning to read, write, and ciplier, to spending
their time foolishly and wickedly in their huts. School books
were supplied by government, and an excellent library of re-
ligious, historical, and miscellaneous works, ])rovi(led by the
liberality of private individuals who feel interested in the wel-
fare of the prisoners. Many hundreds, who know not their
A. B. C, here acquired a good common c(lu(*ation ; and it is
to be hoped, made some advances toward relorniation of con-
duct.

Stevart at the expiration of one year, obtained a comforta-
ble situation in the family of an otlicer. AV'e both gradually
recovered from the ellbcts of our hard treatment, although it
was a long titiie cro mv chest was well.

U>e unfortunnie yntiiif; men who had been aei^t from Ciinndii. After some few weekii
had elapsed I wanted a person to a(;t iis school kfi'por nn 1 flerk oC tlie clinich, and
tsdde choice ofyniirsiin ; and 1 feel very miu-li plensurt* '.ii iiirorming voii that up to
tbe present lime liis conduct lins been all 1 could wish it to be. About a month
ago his period of stny Hi the penal Mf'ttlement expired. He then obtiined n sitnation
as Tutor in the family of the Coininiss.irial ollii:er of the Siininn. Jt will not fail to be
a comfort to your minds to know tha: > >ijr son has pn.'^sed thniu^'li his iirobaiion at lliiii
severe and tryinjj placet witii knowing ?is little of its privations, except for a few weeks
as well could be, and is now free from its restrictions, and 1 \r\\^t Jarerer,

You will be |)leiised la know that his health has bei?n yrm,] , hihI iiis way thus made
plain ; and it will give you greater pleasure to be ai'ijuniiiteil with the fact, that though
a prisoner, your son lias commeiKbHl liiinself to us as aCmiisriAN- We oil roL'ard
him as agood man, walking in the i'ear and love of (}> d, and in the comfort of the ilob.
Ghost; and should he in the course of a few years tie permitted to ret nil to his lioine,
I'lrust that you will find that bin atniciions have yiel b- 1 the peaceable fruits of right-
eousness. In the course of" a few niontlH we are in hopes tlint wiili the recimmend-
ations he will be able to get from this pliice, he will obtiiiti a juiriial freedom, aitd
aderwards there can be little doubt of his ;j;eiiitig a free jiardon. May God inhis good
providence restore him to your aged arms.

Linus knows tmihing of my writing to ydu. but I have thought that a line respecting
him from another party would be acceptable toyou ; and from the high regard 1 bear
toward him, and the fervent wishes I entert.iin for bis present and eternal welfaie, I
would take this liberty. I trust the God whom you serve will aflord you all that con-
itolation which you need under your atUiciions. To lay our sons in the grave. I know
to be a sad and trying dispensation; but to loose them under such circumstances as
yours, even worse. But you know the promise is '■ as is thy day, thy strength shall be,''
nod yon have this comfort also that your son has not forgotten his father's God. So look
up* and urge your way to a belter world.

I am, yours sincerely, iho' unknown,

Mn. BCNJAMIN MiLLKK. J. A. M ANTON.

ENGLAND AND VAN DIEMAN S LAND.

347

To describe Port Arthur as it then was, the multifarious reg-
ulations, ('fleet of the punishment and strict discipline upon tlie
convicts, the crirncfs prevalent among them, &e., &c., would
require a volume of itself. The place was a sink of sin and hor-
rible iniquity ; and 1 have no hesitation in saying, that hundreds
of abominable crimes against nature^ su(;h as the laws of England
punish with deatli, are daih/ committed at this Sodiwij as it is
significantly and properly termed, in Van Dieman's Land. To
get rid of the severe ])uiiishment of the place, many abscond
with the intention of escaping to the main land. Jn a few in-
stances they have been suecessl'ul, but by far the greater part
arc taken at Eagle Hawk Nerk, a narrow istlunus, guarded by
a large miml)er of ferocious bull-dogs, (chain(!d so near to each
other tliat a man cannot pass between them without being
torn to pieces.) military, and constables. Those who arc taken
invariiiljly ree(!ive 100 lasJKJs ui)on the bare liaek. 1 witnessed
the flogging of twelve such men at one time. It was a horrid
spectacle, which no language can describe. INIurders are fre-
quently eominittcd by others, w ho become tired of their lives
and take this step for the sole purpose of ending tiu-'irown and
the miscrv of their comrades. Those who die at the settle-
mcnt are buried on a romantic little island named the Isle of
the Dead, in the harbor, about one mile from the settlement
wharf. My duty as clerk led mo to visit the Island with Mr.
Manton whenever a funeral occurred, and many a lonely walk
have I had among the humble Ln'avcs with which it abounds.
When a prisoner died, his remains were dissected, put into a
rough coffin in a state of perfect ??j/rZiYy ,(even the shirts in w hich
they (lie arc stripped ofl"!) carried to the wharf by four men,
placed in a boat, and amid thcjeers and curses of the boatmen,
conveyed to the landing place at the Isle of the Dead. Here
it is left until the clcruvman arrives, when it is borne to the
grave, the burial service read, and the body committed to tho
dust, there to remain until the morning of the resurrection.
" There the wicked cease from troubling, and the weary are
at rest." There the prisoners sleep together ; they no longer
h ear the voice of the oppressor. In solemn silence they lie, and
the surges which constantly beat upon the shore of the Isle of
the Dead, sound their only requiem.

'91

i 4

;

NOTES OF AN EXILE, ON CANADA,

CHAPTER XXVIl.

Tlio author ij rmiiloycd ns tutur, in the fiiinily of fJon. Lomprinrc. — Tlic ohl Ornnn;
rei'iillt'il. — \'\h\i lo ll<i!)art 'I'uwii, — Tri'atiiKM.t nf tliu Caiiiiiliaiis. — Iv-fcniip til
(lemriifll, iV(\ — Tlie new rj()vornor. — Kilwanl ManDuwell, l-sn. — Kxpnsurf of
Franklin's villniny. — I'. S. Consul. — Tlic I'rauhlin Cliijur. and itlirit l)lstillcrii. — 'I\n
pnriliMis. — Sir Is. 1^ Wilmoi >!iiuntNl into an net of judiice. — Dfjiariure iil' tweul>
•even CanatUnns fur tlie Sunilsvii;li JsluuJs. — UesiJencc in Hobart Town,

In tlu! capacity of tutor to tl)e accomplished and interest-
ing; family of the commisstariat olliccr of the settlement,
(assistant commissary (unoial Lemprierc,) I should have
for<2:otten, had it been })ossil)ic to do so, that I was an exile,
and a stran;j;er in a stran;]je land. Mr. Lempriere was on(- of
those rare specimens of humanity whom nature has endowed
with a soul so much larj^'er and more noble tlian we ji;enerally
meet with, that it is in vain to attemj)t doing them justice,
and I shall only say of this pjentleman, that I shall ever ven-
erate his name and cherish the liveliest recollections of his
jroodness. To his sovereign he was loyal to a fault ; yet,
had he been my own countryman, yea, ful/icry I could not
have expected better treatment than I received. After all
my sufTerings, to find such :i homcy and friends , in suchu
landy was indeed most fortunate.

My friend Stewart at the same time obtained a situation
as signal man on the peninsula, in which his pay was sufficient
to render him comparatively comfortable ; so that on the
whole, we lost but little through our attempt lo escape.
Great was our joy when we heard that old Franklin was
recalled, and his successor, Sir E.E. Wilmot, had arrived; and
I will add by way of comment, great, very great was the joy

ENGLAND AND VAN DIEMAN'S LAND.

349

of the whole country. We both now applied for " ticketJi
of leave,'* (fi partial emancipation,) which were granted by
the new CJovernor.

Soon after, I obtnined permission to visit llobait Town,
where I met with several of my companions i . oxile; from
whom I learned the history of our party since we left tliem
at the Lovely IJanks. Pri-vious to our surrciulcr, tin- idU
trrannij paid tliem a visit, and delivered a /trhirc upon the
subject of my luimMe self, abscondinjj;, is.c. Afltr rallin[j;
me ill names, and ventini.^ his spleen and raijt^ as he alter-
wards did to me pin'sonally, ho told them that if they
followed my vicious examj)U', and aI)SC()n(lcd, tlii-y would all
bo shot down without (piarter; as he had i^iven such orilers
to his soldiers: and, if any escaped to the I'liited States, a
thinp; '•^(jvHc impnsslhJv^'*^ he wi>u(d send a dctdchnunt of i/ii/i-
tarjj and hriniji; thvm hack! \ Doubtless the old man tliou;2:ht
hia soldiers, woukl be able to do nil this.] lie then
ordered them to be dicssed in ?/joo-/>/r, (;is a punishment for
OUR {i1)scondin^^,) and removed to Clrern Ponds, a distance v{
only six miles. At that place tliey were ])ut under the su-
perintcnden(;e of a Srotchman, known as " Dobby Xutmiin,"
who was called the ;;reatest tyrant upon the island, "liobby,''
however, chanpjed his policy, and treated them well ; and if
the party worked hard, it was the fault of their own men who
acted as overseers. Aijain they were removed to l^iidu'ewa-
ter, where their sulferings were increased. Here old Frank-
lin paid them another visit, and read a letter which lu;
had received from Lord John Russell, authorizing- his Excel-
lency to give the Canadian prisoners any indulgence he
thought proper, with the exception of aJlowing them to
return to Canada. With this document in his hand, he told
them that if their conduct continued good eleven months, he
should jrrant them '* tickets of leave!" Let it be remem-
bered that he had previously promised the party all th«
indulgence which his instructions would admit of, and his
pledged faith may be estimated at its true value.

Finding themselves robbed by the superintendent of nearly
h alf their rations, they preferred a charge against him to that

350

NOTES OP AN EXILE, ON CANADA,

effect. An investigation took place, the charge was proved and
the superintendent dismissed ; but as a punishment for com-
plaining, the party were broken up, and sent m small parties
to different road stations on the island, to work and herd
with the English felons. On the 22d February 1842, they
received the promised tickets^ but subject to the most strin-
gent an;! tyrannical restrictions, confining tiieni to six districts!
in the inierior. James Gemmell made liis escape about this
time. Messrs. Wait and Chandler had also taken lc<f bail^
soon after we were sent to Port Arthur, and the three arrived
safe in the United Stales. Several inclfectual attempts were
made to abscond , by others, and mucii of tlieir c-arnings spent
in this way.

Boforo rotiirninr^ to Port Arthiu, I called upon the now Gov-
ernor, who recuivcd mo very _i?ra(!iously, said i»o was sorry
that the Canadians had been so ill treattul, and bad uj)on th«
assumption of his ollu^e duties, sent a dcspat(.'h home upon tlio
iubject, roccommendiiiii; that all of our y>^//7/();j.v bo immediately
grantrnl. " An answer may, in the eoiirsi; of a low months be
tjxpected,' ' said he, "and 1 shall fool tlu; ixn'atest pleasure in
giving you tho earliest possible notice of anything in your
favoi\"

In endeavoring to negotiate a loan of some law l)ooks to pe-
ruse during my leisure hours, 1 formed an aeciuaintaneo with
tho first barrister in the Australian Colojiios, I'idward Mac
Dowell, EfUj. This gtMitleman was Attorney Ciiieral of \'an
Dicman's f^and, when f)ur party arrived, but had since given
fomc olieneo to "Franklin,"' who recdinnuMuhMl his dismissal
from ollice. I now obtained some further and in»portant light
upon tho rharartvr imd rondncl tn \\\'di tyrant.

" 1 saw all l/ie papers^" said 3Ir. MacDowell, "• w/ilrh accom-
panied your parhf from Euglaml and Canada. There was
not the scratch of n pen to authorize the (iovernor to receive
you upon this hian'l., much less to I rent f/ou as conoids. Vou
had arii^lil, accord! w^ tothc laws oJ\!ii-^ Island^ to land as free -
me7i, and to leave the same day if you chose to do so. Every
person icho has held you in e::stody here, is liable to an aiUoii
for false imprisonment .'"

ENTLAND AND VAN OIEMAN^S LAND.

351

Mr. MacDowoll drew up a petition praying for an imme-
diate pardon, which ho presented to the Governor, telling him
Qt the same time, that unless it was granted, it was his inten-
tion to institute legal proceedings in mylndialf at once, to com-
pel my discharge. The Clov(;rnment officers were greatly
alarmed, and heggt^l ofhim to desist, stating that my pardon
would soon arrive from iMigland, and at my recpiest he did so.
Upon retiuMiing tVom Clovernment house we met Major Ainsh
wortli in tiie streets. JTe txcused his own conduct i)y saying
that as I was a lawyer, th(?v thouirht it hest tv> make me rej*-
|)nnsil)lc! lor the conduct of the wlioh; party ; that I had sutler-
cd mucli wronirriilly, and he was, for one, willing to make
amends lor the past, hy recommending to his J'iXc«'llcucy to
allow me (o return to my own country at on«'e. As he Ictt u>
lor that purpose, AFr. iMacDowell said to me, ''There goesa
mate to old {"""raiikiin. Jfe lias perst?cutcd you tor years, and
now acknowlt.'dufes that it was not for your <^wn. hut the sins
of your wholes |>arty. Did ht* not fear me, he would not go to
(ioveriniieni house on sueh nn errand."

I likewise formed im ac(|uaintance with K. Hathaway, Kstj.
United States Consul for N'an Pieman's Land. .Mr. II. and lady
soon hecaiiie my warmest and hesl friends in lloliart Town.
Th(!y seemed to lend for the Canadian |M-^i:iiers .is Ameiieans
should, and were ready todoevery thini: no !e for «>ur w«dfare.

Ujion my return to I'ort Arthur, an attcnipt was made hy the
Franklin vh'qiic, to deprive me of the friendship and servicesof
Mr. AlaeDowell. John Prirc^ Ks(|., J'olice Magistrate of
lIol)art Town, took jiains to iid'orm him that 1 was carrying on
an iUiat disiillcrii at Port Arthur. I'rice assiucd Mr. Ma(
Dowell, upon his honor, th;it lu; knew it to he a fact from \\\^
most ])Ositiv(; information, and hinted at tiie same' timt; that I
must )>e unworthy of his friendship, and Ix; would <lo \v«'ll tt>
ml me. Instead of acting upon this friend/ 1/ sn<.rg«'slion, [
was s.Mit for, how<n'er, and made acciuainted with the charge.
whi(;h, it is needless to say 1 found no «litliculty in proving to
he as false as it was malicious. All, however, tended to my
advautagi! in tlw^ (Mid.

In October 1811, 1 received the joyful tidings that about thirty

252

NOTES OP AN EXILE, ON CANADA,

of the Canadian prisoners, including; myself, -were pardoned.*
My feelings upon the receipt of tiiis inijjorlant information,
were quite different from what tiiey otherwise would have
lx!cn but for the knowledt^c that we had,boen de jurc^ free men
for years, and that the abomiiiablo slavery we hadciidnrod was
not only a wanton violali<jn of the laws of justice and humanity,
but even of Van J)ieman's Land. 1 was thankful to Hod for
the favor, but toward Yktoiua, and her illustrious Uepresenta-
tives, my sentiments were of a dillerent nature.

Two months ]>assed away beibre any tliin^- fuillier wa?
heard of the pardons, and a disposition wasnumifestcd l)y the
authorities of Van Dieman's Land, to lengthen tlie term (if
their usurpation of power over us to the utmost jiossible ex-
tent. At length Mr. Ilatliaway ap})lie(l to ;he Colonial Sec-
retary upon the subject, and was furnished with a list of the
names of the pardoned Americans. My own was not men-
tioned ! Mr. IL inquired the reason, and was told that as I had
attempted to escape, my pardon would he withheld, "liut,"
said my friend, " Stewart and Paddock likewise absconded,
and I find their names here ; why this partiality '"" " Oh I
ihey are dillerent characters. Miller is a huvyer, and a ver\
daniierous man. He lias <_iiven us g^real trouble ; butsincr von
have raised th.e objection, we will keep tlioirs back also."'
Poor Stewart and Paddock accordiiio-jy sulfercd, like the dog
in the fable, through being Ibund in bad company. They
were notified by the Comptroller (ieneral of convicts that
their pardon would be withheld six months. At the same
time an attempt was made to deprive me of the friendship of
Messrs. Hathaway and MacDowell. The Colonial Secretary
took pains to call upon each of these gentlemen, for the sole

■"UouAUT Town. Oct. lOrh, IGll.
My Deur Si', — I yoeterdiiy rccoived a letter from Mr. Kv(Meit, th.; Amorican
Minister at London sulijuining a U< of a')out tliiity nninos of tlioso wlio have 'ot^ri
recently pardoned, and I ntn linppy to inform you tlint ;/07/r name appears among
tke number. A copy of the name* I have bunded to Mr. Molt, that he may notify
the fortunate individuals. »**»#*

I am, my dour sir, yout'n, truly,
h. W. MiLLtB.Esq. !•:. HATHAW\Y.

ENGLAND AND VAN DIliMAN^ LAND.

353

purpose of informing them that I had told somebody that I was
a Scotchman. "Whom did he tell sol" Mr. H. inquired. "Oh.
I don't know ; that is, I have forgotten ; but as he says he is
a Scotchman, you will not, of course, use your influence as
United States Consul in his behalf."

*' Sir," said Mr. II., " I know him to be an American, nor do
I believe he ever said to the contrary. You must have been
rnisinronned. I shall continue liis friend until you can show
some other reason against it."

When the olhcious Secretary made the important announce-
ment to Mr. MacDovvell, that gentleman replied :

" Are you not a Scotchman, Mr. Bicheno I"

'• I am," was the re[)ly.

" Well, would you hang the man because he says he is one '.

I don't care a d n if hi; is a Scotchman. ' A man's a man,

for a' that,' I suppose. Fie ! lie ! Mr. IJichcno ; you are en>
ployed in small business. You hate that young nirm because
he is an American and has got an American's independence.

You had better give him his ])ardon thongli, for by ! if

you do not, I will })rosecute the Covernment in his belialf for
ilamngcs."

This is only one instance of many of a similar nature, which
might be rr^lated.

1 now bade adieu to mv kind friends at Port Arthur, and
(Altered ]Mr. jMacDowell's oflice, as his clerk, with a handsome
salary. Acting under the advice of ni} jiatron, I called upon
his Excellency at Government house. Instead of the friendly re-
ception which I had before met with, the Baronet's brow dark-
ened when I was ushered into the receiving room by the or-
derly, and my name announced.

'•I have but a minute to spare to hear your business, and
you will please to be brief," said he, in a stern voice, meant, as
I thought, to intimidate.

"• 1 have called to ascertain tlie reason why my j^nrdon is
withheld. I lave been told by your subordinates in otiice, that
it is because I once absconded, but 1 cannot believe your Ex-
cellency can be so unjust. 1 have suffered two years at Port
Arthur, the highest ])enalty which could have been inflicted

t *]

364

NOTES OP AN EXILE, ON CANADA,

for tlic ofTensc ; iny ticket of leave was -withheld for more
than a year after luy sentence exi)ired ; and as the oflense, if
snch it can be called, was committed ycjars since, surely it ought
10 be fori^'otten. 1 have atoned I'nr niv orii^innioirense for which
1 was iierc sent,1)ysnllering years of jiorriblc slavery, and now,
when the Canadian and Home (lovernments, and her Majesty,
wiioso servant and rejjresentative yon |)i-otess to be, are sat-
isfied, and havt! sealed niv forcriveness. it is both nninst ami
cruel in the exlrenu; 1o witlihfdd it. Sh;iil a ninn be ])e^^^ecu-
led untodi'ath for (Mideavoring to csf^apc from su'di slavery as
ihi- Canadians have (Midurod here? You know a^ well as I do,
lh;ii our (l('t('nli.>n and trcaliufMit on this ishuid have boon Ille-
{:;al, t'lal they h^ve been a,^■aiil^•t law ni'd justice ; that your
predecessor committed as uross an outra!T(3 upon oiu' ritdus as
was ev>'r ])eriietraled against the At'rican race, and because I
dared to r(d)el a'jainst it, r- raiii(>r escape fr(Mn it, 1 liav(> bem a
subject of S[)L'cial ])ersecution lor years, jly jiersecutors have
even said that from my beiii'.'- a la\v\er. they have deemed it
r7ii7/Mo make me rcsponsibK? for the whole party, and yf>u
are yourselfaware that sins committed bv mv conu'ades while
1 was suUering at I'ort Arthur, wen; lieaped upon mv shoul-
ders, and charired to my account. Why this unnatund perse-
cution ? It was not for abseondin'i, but for being an Ameri-
can, in siiirit and in heart, lor not mc( klv we.irinjjf the voke

I » • »

and kissing the IjuihI-'u upon my shoulders; fov daring tf>
evin<'e the spirit and ieelings of a man in the ]tresenee ot* my
tyrants."

Here hi:"i J'i\c(dlency interruptf.-d m(\ and e\tdaimed in a
"•real rau'c, "Ifow dare VC)U come here to ask sueji a l"a\'or?
I )o YOU expect tile srani' treatment as those who hav(^ never
absconded ? I li;'\e decided that v<a! sli.'dl not receive vour
jiardon under six months, and 1 shall abide by that decision.
\othing can, or shall alter my I'esolntion",''" aiul hestampcvl his
feet upon the 11 (^or.

I walked out ot' the room without cenMuony. but ere I reach-
ed the outer door, turned back and acrain confronted the Baro-
net.

*'Sir," said I, "but a few mv-nths since vou received mo in

ENGLAND AND VAN DIEMAN S LAND.

355

111V

lliis very room, in tlio most friendly manner ; told mc you had
recommended mo to iicr Majesty for a free pardon, and when
it arrived, yon slionld feel fjreat jtleasnre in bestowins; the
inueli coveted boon, as soon as possii)le. 1 have placed the
most iini)li(nt failh in your friendly assurances, for 1 believed
you to be a gentleman. What my present sentiments are I
leave you to — "

^' 8to[) ! stoj) !" interrupted he, riibbiiiir his forehead \vith
the palm ofiiis IkukI, wliile his face Avas red as scarlet, '-I had
forirotten — that is — vniir enemies have l)een — but it is no mat-
tcr ; just (Ii-:uv up a jx'lition — mere matter of form — and send
it in to mc: I v. ill irive yf>u your pardon ; lose no time, send it
in ti>-day, send it in at once.''

I turned upon my bed and marched out whistlinj^ Yankee
Ihod/r, and when 1 ir^t Mit of doors heard the old gentleman
sing out, '• Send it in at once.""

I did send it in. an! thi3 next momintr, the Comptroller Gen-
eral, who had pei-scfuled me for years, without, however, even
knowing me wlien we Jiu't, senl forme to his otlice, and j)la-
cinuf mv sealed |»,n(ion* in mv hand, said in a bland tone of

"^ TmAi.I. lo WlliiM thine iirtsnits shall comf, T, Pir Jf^HX

>r l''.ARliI.IV KAItDI.KV \Vl(..MOT, Unroiitt, J.iciiti mint G()vcr_

( nor (if I he Island (if Ian l'iimiin'i< Land and itf lUpLitdcncies,

) t<(iid (/)• itiiKj;

WnFRKAS, 1)V Tli-r Miijesly's li'nyil VV;in-!iiit under ilie siirii iii.inunl, bearing date
ni IJiickiiigiiaiti I'uliicp, tl"; iliird iliiy of June, One 'I'lionsnnd Eiglit UuiidreJ and
[•'iirtv I'nur. (■(iiintcrsi^'iiecl Ij_v "'k' "'" Uei* M.tiesty's sec'relaries ol Siiite. and nildressed
ID (lie Lieuienaiii (invernar of tlio island ot' Van Diemnn's Lnnd for tlie time lj,'ing;
Her Miijesiy t'lo Quci n wns i>!e;»sed in <;iin:ii leiMiion ol" some circumstances hmnbly
represeiitt-'d to i.er, to cxlend lier yrace und meri-y unto Linus Wilson ^^ller, who
was triedit e,ni:id;i. in lln' M-ar K"^ !■', ,iii 1 iMuviiMedof fejonidUslv invadin'Mlie iirnvince
of l'|i|)cr (Ja/'d:!, iui 1 sfiiifiicr'd ti) (Icaili, v.iiicli sentence was comuiuted to Irnnsporia-
tiori for life, a li 1 1 to gram liini li'r ;if'So!utt; pardon lor li is said (; rime ; Now Ixiiow ye that
I !lie raid Sir .loiin l",aid!ey I'.aidley Wiliiini. IJaronrt, I-ieutenaMt (iovernor of the
inland of \".in Ui'Miian s l.uil and its d(')>endfn( ii's, liave rcceivedher Majesty's war-
laiit, and do hi'ieliy ceriily and dechire liiai ilie said Linus Wilson NUIIer hatli and
ouu'lit to enjoy her Mfljcsly's absolute pdrdoii for the said crime, whereot' he was con-
vii'ieil as afiresaid, and 1 do Ijerehy dlstdiarge tlie .'•aid Linus Wilson Miller from all
"•Ual'viy in resjcri of his said sentHni-e and anns]iortalioii.

In Tf.oI'i.MonV WiiKKKtiK. I have liereunto set my hand and caused the seal of
the Islaiul ot" Van Uienian's Land to he hereui.to iiHixed.

Dated at IloSiart Town, this seventh day of February, in the year of our Lord
One Thousand Eiglit Hundred and Forty-five,
By his Excellency's comMinnd, E.'eAKDLEY WILMOT,

J. E. BiCUENO, Colonial Secretary. Lieutenant Governor.

'Van Dik.m.w s Land
[L. S.J No ','.

'■ ii

(

W
'*> II

I *

\\\

4,.

356

NOTES OF AN EXILE, ON CANADA,

'>oice : " I congratulate you upon your restoration to liberty;
you are a free man, and it gives me pleasure to say so." I
did not even thank him, for I well knew he spoke insincerely.
Great anxiety was felt by those who were pardoned, with
reference to obtaining passages home. As the pardons had
been granted in consequence of the intcrcssion of the United
States Government in our behalf, the most sanguine hopes
were entertained that some means would be provided either by
that Government or our friends, for that purpose. The l.ower
Canadians who were sent to Sydney had received such assist-
ance ! but alas, our expectations were not realized ! Owing
to the distressed state of the colony, for three or four preced-
ing years, wages were extremely low, and employment very
difficult to be obtained. Some of the men, among whom was
Robert Marsh, atone time wandered about tlie island for four
months in very destitute circumstancei=;, sleeping in- the bush at
night, an ' hring ahnost wholly upon the opossum and kanga-
roo, wiU out fmding a single person who would board tii^^m for
their la''OV. Scarcely one of our party h ad been able to lay
up a slt^ie dollar in store. Those who received any wages,
gcnero'.'-'y shared their little all with their more needy com-
rades. ,Mr,;iy were so reduced in health, through their suHcr-
ings, as to be unable to do any work, had an opportunity ofler-
ed; ai\d all were poorly clothed. Seldom, indeed, did any
American vessel, homcioard bound, call at llobart Town ; so
that there was little prospect of begging a jiassage direct to
America. At length the Americtm whaler ^'Steiglitz," Capt.
Young, made her appearraice in the harbor, but she was bound
on a three years' voyage to the north-west coast. Capt. Young,
upon learning their situation from Mr. Hathaway, who was
ever ready to intercede in our behalf, kindly ottered them a
passage to the Sandwich Islands, on condition that ihoy should
pledge themselves to pav the owners of his vessel for their board
as soon as possible after their arrival in the United States, and
twenty-seven of our party ov^^erly embri;ced the opportunity,
trusting to Providence for the future, and preferring to go any
where, rather than remain longer in a country where they had
been so badly treated On the 27th of January, 1845, the poor

ENGLAND AND VAN DIEMAN's LAND.

357

fellows embarked, and reached the Sandwich Islands in safety
on the 27th April following. But in September 1846, only
about one-half of their number had arrived at their homes.
Among the latter were Messrs. Sheldon and Marsh, whom I
have had the pleasure of since seeing, and hearing them speak
with the most profounu gratitude of the kindness shown them
by their countrymen, both at the Sandwich Islands and upon
their landin2: in Boston. May their kind benefactors be abun-
dantlv rewarded.

During a residence of several months in Ilobart Town I had
an ojiportunity of becoming better acVjuainted with the free
population of A''an Dicnian's Land, their manners, customs,
&c.; whicii, with a brief sketch of the history of the Island,
and the most ))romincnt features that <listinguish this remote
region of the civilized earth, (if it deserves to be ranked as
such.) will form the subject of tlie next chapter.

CHAPTER XXVIII.

Discovery of Van Diemnn's Land, Seitlement, &c. — Progress of tlie Selilcment. — Emi-
griitinii. — Separatioti from tlie Parent Colony. — Commerce. — The Public Lands,
Markets, &c. — The Heaciion. — Assignment of Convicts Abolished. — Probntion
System. — Increase of Crime- tVc — Kmbarrn.ssinent of the Colonial fiovernineni,
Olid Taxation. — Disaflection, fee, of t<ie Colonist Population. — State ol Society — In-
leinperance. — Kduri'tion. — Sunday Schools. — Public Institutions, Societies, &c. —
Heligion. — Administration of Justi<'e. — The Aboriginal Inhabitants. — Producta of
the Island — Animals, Vegetables, &.c.

Van Dieman's Land was discovered by the Dutch navi-
gator, Tasman, in l(i41, who named it after his patron, An-
thony Van Dieman, Governor of Dutch East India. Owing
to its never ha\ ing been surveyed except in certain districts,
and its very uneven surface, no definite opinion can be form-
ed of the number of square miles it contains, which have
been variously estimated from 22,000 to 27,000. Its coast is,
with slight exceptions, iron bound and extremely irregular,
and calculated to strike the wary mariner with dread, as rife

358

NOTES OP AM EXILE, ON CANADA,

■

with death, horror, and shipwreck ; yet it allords some gootl
bays, whicli only require to he thorouj^lily surveyed and bea-
cons erected, to divest it of half its terrors.

For a century and a half after its discovery, this Island
remained in the sole possession of its al)ori<;inal iiiliabitants.
The mariner shunned it as a region of dealli, and the enter-
prising; emigrant never dreamed of vaiidcring hitlur while
our own vast continent, and numbtilcss newly discovered
isles, presented so many i^uperior attractions. And when at
length, civilized men turned their attention to tliis })art of the
globe, tliu llowery banks and rich forests of New Holland
long rivaled its little insular neij^hbor, whicli was passed by
as unworthy of notice.

The first settlement formed upon its shores wn^ the residt
of chance. Tii ]8()3, a Capt. Bowcn, who wasl'miiul lor the
south-western coast of New Hullaiul, 1o establish a penal set-
tlement iiithiil ({iiartei', was driven l)y siress of V\eather into
the nioulh of the DeriVeiit, ami lliidliiij; tlie couiitiy aihipied
to his ])ur[)()ses, b.uuleil his men at Ivisdc.n C'e\e, J'ud com-
menced a S(.'llleiiieii(. Ill ISO-J, Co!, ("ollius airlvei! \\ ith 100
convicts and 50 marines Ikjui Uotaiiy I'iiy, an;! icii.oved their
station to the spot now occupied liy the city ol'Jlol.art Town,
where he acted in the capacll v ot' (joveiiior durui^'" the remain-
der of his Hie. 'I'he little colony thus cMa'.jlhjhed, was pure-
ly penal, and it retains mucii of its oriiiinal character to the
present day. After a few years^ ex[)eiiirienls began to be
matle in cullivatinf]: the eartli, and th(.' icMilt was ^uilicientlv
encouraging to induce emigiation, TmsI I'loici the parent colony
and luially from (Jreat Ibitain. As the number (>f convicts
increased, and the term of their colonial sentences e\j)ired,
it became a matter of convenience to the government, to set-
tle the colony with a sullicient n\iiiiber of free persons to
take charge of and employ these lallen men, in agricultural
and other pursuits, until they were entitled according to their
original sentences, to emancipation. To this end, the most
flattering accounts of the colony were circulated at home, and
large grants of land olVcred as a bounty to emigrants, on con-
dition that they should invest capital, and incur expenses to

ENGLAND AND VAN DIEMAN S LAND.

359

the amount of one shilliiifij and sixpence i)er acre. While
tliese regulations continued, the colony rapidly increased in
free poj)ulation and wealth, many of the settlers Ix.-in*;!; men
of character and respectability. For twenty years the island
was Iu'ld and t^overned as a dependence ol New South Wales,
hut in lS-24, the Home (iovernmenl made it an independent
colony with a le<^islalivo council, judijes, laws suIIlmI to its
penal character, ^:c., ls.c. Col. Arthur was the first "governor
appointed by the crown. In the mean time, the ports, (wliicli
for many years were closed,) had been opcnetl to the vtssids
of all nations, and connnerce conunenced. As new co'onies
wer(! bciii;.'; formed uj)on the coast of New Holland, a market
was thus created, andth(! produce of tin' fanner was suhl at
hiijfh prices. Property, as a natural i onscfjuence, rapidly rose
in value, and Van Dieman^ Land be(;aii to he e.onsiderod a
mine of wealth. 'I"he <.m)\ ernineut took ad vanta^;*! of ihe spir-
it ol s[)e(:ula(ii)u thus eiiu'cndered, and set a priiMj upon \\\:\i\.
which was gradual I V iueieased iVom live ;diilliuj:s to a mini-
mum ot" twenty shilliims ])er acie. For a Aviule sales were
made" at this exorbitant ]Viiec, l)Ul at len^'lh a react! )n took
place. 'I'lie coloni<'S wliicdi had allorded such an e\.eelleiU
market, l)ei.fan to export in turn ; ))rie(>s I'eil to an opposite
t'Xtreme, and ruin and iuoUency fast followed in the irain.
To add to tin- dijlieidtiis ot' the eolonlsfs, the old assignment
system under which almost all manual labor had been pt.T-
formed for a trilling expense, was altolisiicd ; the convicts
were withdiawn from their old masters, and the j)r(jl)ation
system established. This chanLCe, however, was orobablv
owino' to the abuse by the ma.>ter, of the eonlidence reposed
in him I'V the c^ovcrnment. The assiii;ned convicts were, in
jveiieral, very badly treated, and their wron-^s atlen;j,tn reach-
ed the ears of those in authority at home. The settlers luid
been, for nearly 30 years, allowed as many servants as they
cJiose to apply for, whom they treated as.s/r/rp.s in every sense
of the word. In the year 1840, transportation to New South
Wales was abolished, and all prisoners of the crown sent to
Van Dieman's Land, under the probation system. No less
than 16,000 of these persons were landed at Hobart Town

. I

360

50TE8 OF AN EXILE, ON CANADA,

during four years, and the balance between the free and con-
vict population destroyed. The evils of the new syetemhaye
been of the most aggravated nature. Crime has icari'ully
increased, and there is no longer safety to either character,
property, or life. Most of the settlers would gladly leave
the colony if possible, and many have forsaken their uU and
lied from the Island as an accursed place, whicli they could
no longer endure. The free population, in general, keep as
distinct as possible from the bond, but the foul Icprosj- 1:, in
their midst, and they cannot wholly escape j)ollution. Ijiit it
is the young and rising generation who suilbr most ia this
respect. The children, owing to the climatL', are remarka-
ble for precocity, and eagerly drink in a species of know-
ledge, which must sooner or later exert an evil inlluence upon
their minds, if not characters. 'J'he higher classes are less
exposed, but judicious management on the part of parents is
felt to be a subject of the fust importance.

The Colonial Govci iiuient is greatly embarrassed b) debt,
and taxation has of late been resorted to ; yet not without
meeting decided opposition from a vast majority of the tax-
payers. During the year 1845, numerous public meetings
were held in the metrojvolis of the island, and inllammatory
speeches delivered, denouncing taxation without representa-
tion. The spirit which characterized the American colonists
in '76j is already awakened in their breasts, and requires only
an equal chance of success to produce the same results.

The free population of the island, i. e. those who have
emigrated, numbers about 32 000 ; the emancipists 20,.000,.
and the convicts under sentence 36,000, of whom 9,000 arc
females, making an aggregate of 88,000 inhabitants.

Society among the higher classes, is good. They carried
with them to their new homes, the manners and customs of
the old ; and, as polished and refined circles may be found in
Van Dieman's Land as elsewhere ; and good morals are as
strictly and rigidly observed. This last, however, cannot, I
regret to record, be said of the lower classes. Intemperance
is a prevailing evil, and Father IMathew might here find an
extensive field for the exercise of bis pbilanthrophy. In

ENGLAND AND VAN PIEMAN 8 LAND.

361

Hobart Town, the population ol which is nearly 20,000, an
incredible quantity of brandy, rum, gin, and strong beer, i»
consumed.

Manual labor is rcpardrd as quite beneath a *' rcspednhle'*^
man. This trreat evil has arisen from the universal employ-
ment of convicts, both in and out of doors; and not until
compulsory lal)or is done away, will it be remedied.

There are some very good schools in llobart Town and
Launceston; but in llie interior, education is sadly n(<;lected.
Til sons of the settlcis think far more of crnckiiij^ a hiil/oc/c
whipj or riding ahorse, than learning their Ijooks ; and idie-
. ncss witli them appears to be set ond nature. Sir Ji)hn
Fi.uikliii lerfonnt 1 one good iii^vil during his adiuinistration,
by causing a building (or a college to be erected at New Nor-
folk ; but no eifective step has, as yet, been taken to render it
of any service to the youth of ^' e colony. The children of
Hobart Town generally attenu ,nin(hjy Schools, and during
my residence in that city, it gave me great ])leasure to witnesb»
their quiet, orderly conduct, and remarkai)ly good behavior,
at all times, but particularly on the Sabbath. Seldom indeed
could a child be found at play in the streets during that holy
day.

An orphan school, in which several hundred children
(mostly illegitimate) arc supported, and receive a decent
education, has been established for several years at New
Town, (two miles Irom llobart Town,) by Government, and
is now under the superintendence of C. 0. II. Booth, Esq.,
formerly commandant at Port Arthur. A lunatic asylum is
likewise maintained at New Norfolk. A mechanic''s institute
has been in operation in llobart Town since 1841. It is fur-
nished with an extensive laboratory and library; and a
course of scientilic lectures delivered. This institution bids
fair to exert a beneficial inlluencc u])on the youth and labor-
ing classes. *'Thc Royal Society of Van Dieman'a Land,
for Horticultural, Botany, and the advancement of science,'"'
is patronized by her Majesty, and is in a nourishing condition.

The Established Church, Wesleyan Methodist, Church
of Scotland, Baptists, Quakers, &c., &c., maintain divine

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(716)«72-4S03

862

NOTES OF AN EXILE, ON CANADA,

serTice in town; and the two first in the most populous dis-
tricts in the interior. The Wesleyans are doing more than
any other denomination for the advancement of religion.
An elegant and costly Jewish synagogue was dedicited in
1845, where worship is conducted on the Jewish Sabbath, in
the Hebrew language. The Catholics are numerous, espe-
cially among the convicts.

The administration of justice in Van Dieman's Land, owing
to the perjury of witnesses and difhcully in oljtaining con-
scientious jurors, is very defective. A learned judge on the
bench, and more than one learned attorney-general, have
declared ex cathedra, that oaths at half-a-crov^'n were as plen- ■
tiful as blackberries.

There are seven newspapers published in the colony. The
principal are the " Ilobart Town Courier," "IIobartTown
Advertiser,'' and " Colonial Times i^ Tasmaninn." Thoy
are generally ably conducted. Tlio two last are staunch
advocates for reform, and often contain violent strictures
upon the British Government, and commendatory references
to our American institutions.

Of the various grades of the human species found scattered
over the earth, the aborigines of tliis island belong, without
doubt, to the lowest, ^lodern writers have clnssed them (as
also the natives of New Holland, New Britain, Ncv,* Guinea,
&c.) with the Ethiopian variety. They appear to me to be
partially blended with the Malay, the Ethiopian, however,
predominating. Their skin is jet black ; their hair black,
woolly, curly, thicker than that of the negro, and less soft,
though even finer than the Malay ; head large, round late-
rally, and somewhat contracted anteriorly, whereby its cavity
is perceptibly diminished ; forehead very low, yet slightly
arched; eyes black, small and piercing; face large, and fea-
tures fully developed; cheek bones prominent; nose flat,
and very broad ; lips very thick ; mouth much wider than
the negro ; the chin somewhat receding, and not so narrow
as the Ethiopian. Their stature is low, and their aspect
more fierce than formidable. In their native state, they lived
by hunting, or rather snaring the kangaroo, opossum, &c.,

ENGLAND AND VAN DIEMAN^S LAND.

363

which, with the shell-fish abounding on the coast, and the
native bread — a bulbous root weighing from three to seven
pounds, growing in the earth from one to three feet beneath
the surface, which when boiled is tasteless, and resemble*
rice in appearance — form their only food. They appeared
to have no idea of other habitations than nature provided,
(such as caves, hollow trees, &c.,) and lived, literally, in a
state of nature ; dirty, squalid and disgusting, in all their
manners and customs. In their native wars they foiio-ht with
wooden spears and clubs, throwing the former with great
precision and force, from thirty to fifty yards. The victori-
ous party always devoured the captives and slain of their
enemy. It has been asserted that they worship})C(l idols, but
their lack of inventive genius to construct any thing resem-
bling an image, seems to forbid the idea. I had fre(iuent
opportunities of observing a native Jad, of the age of fourteen
years, who was engaged as cabin-buy on one of the colonial
vessels, and was pleased to find that he displayed much
shrewdness, and a capacity and readiness to learn and do
almost any kind of labor. He knew the Engli^h alphabet;
could spell words of one syllable, and count well. If properly
dealt with, I doubt not he would be found lo possess no insig-
nificant powers of mind. The number of natives on the
island, when first settled by Europeans, is unknown, and has
been variously estimated IVoin ir^lJO to as many tlunisands ;
but a medium number is })robably nearer correct. Nothing
is, or can be known concerning them prior to the above
period, as they have no traditions; but their history since is
written in blood. Aggressions were continually made upon
them in their imbecile and inoliensive state, by the colonists,
until the demon of revenge was aroused in their breasts, and
ihey thirsted for the white man's blood. They laid in wait
by day, behind the trees of the forests which he frequented,
to pierce him with their spears ; lightened the darkness of
midnight with the blaze of his dwellings, and broke its solemn
stillness with their fearful war cry of " wah ! Wcih ! wah!''
and the dying groans and shrieks of his wife and children.
Then it was that Arthur showed the dark traits of his char-

i4 i

l!i (fl

364

NOTES OF AN EXILE, ON CANADA,

acter. Arming the colonists and reckless convicts, with the
few military under his command, he mustered a large force
of sanguinary spirits, who needed not even the offers which
he made, of rewards and pardons, for native scalps, to incite
them to slay without mercy. Arthur led them on, and in a
few weeks they hunted down between five and six thousand
native men, women and children, whose mutilated remains
were left, unburied, to enrich the soil of an island which was
their own, according to the first principles of natural law.
About two hundred were captured then and afterwards, by
treachery. These were placed upon Flinder's Island, in
Bass's straits, under charge of a commandant, superintend-
ent, surgeon, detachment of military, &c.; and some efforts
made to instruct them in the arts of civilized life, but with
little success. In 1845, their number had dwindled down to
fifty-nine ; and doubtless, in the course of a few years, not
one will be left to chant his mournful dirge over the wrongs
of his exterminated race. He, whose hands are dyed with
their blood ; who causei\ Jif teen hundred convicts to be executed
within sight of his own door, during his administration of the
government of that colony ; and afterward signed the . death
warrants of Lount, Matthews, Morrow, Van Schoultz,
Abbey, and other martyrs to the cause of liberty in Canada,
is now Governor General of Bombay/ Thus it is that Britain
rewards her tyrants/

Van Dieman's Land is favored with one of the most delight-
ful climates in the world. Very few diseases are prevalent,
and the Anglo-Saxon natives are, almost without exception,
healthy and robust. The atmosphere is clear, very arid, and
lacks that freshness which renders the air of the northern
temperate zone agreeable to inhale. This is probably owing
to the ocean by which it is surrounded.

Two ranges of mountains run parallel to each other across
the Island, known as the Eastern and Western ranges. Mount
Wellington, Table Mountain, and Ben Lomond, are the high-
est peaks, and their summits are covered, at least nine months
in the year, with snow. Theiirst is 4,500 feet high, and dis-
tant only three miles from Hobart Town, which its lofty and

ENGLAND AND VAN DIEMAN'S LAND.

365

bold front seems to overhang. Upon its top stands a small
lake of fresh water, which, by means of an aqueduct, is made
to supply the town. Upon the north-western side of this moun-
tain, a beautiful cataract has been lately discovered, which,
when the water of the lake is raised by the fall and winter
rains, presents a magnificent spectacle, the descent being up-
wards of 200 feet. Numerous lagoons and small lakes are
found in other parts of the Island. The Dcrwent is the prin-
cipal river, but even this is only navigable for about twenty-five
miles, except by small vessels. The Tamar, which empties
into the sea on the north side of the Island, and upon which
Launceston and Georgetown are situated, is formed by the uni-
ted waters of the North and South Eske, Maguarie, and Lake
rivers, which are all small streams.

The valleys are rich, and well adapted to cultivation ; but the
high lands, hills, and mountains, are sterile, and can only be
used for pasturage ; but during the seasons of drouth which
alwavs occur in the summer, are worthless for even this. Not
over one-fifth of the island can be considered good arable load
Wheat, rye, oats, barley, potatos, garden vegetables common
to the temperate zone, and fruits, consisting of apples, pears,
peaches, plums, cherries, currants, raspb<?rncs, strawberries,
&c., grow in great luxuriance. Wheat, in the interior, is some
*imes destroyed by frost. The climate is too cold for the growth
of maize.

Sheep are kept in flocks of from 3,000 to 15,000 on some of
the large estates in the interior, and wool is the principal arti-
cle of export to the mother country. Great pains have been
taken to import superior breeds of cattle and horses.

The wild animals of the island are not numerous, and as
specimens of the kangaroo, badger, opossum, &c., may be
found in menageries all over the world, they need not here be
described.

The principal birds, are parrots, black and white cockatoos,
(which like the parrot, may be learned to pronounce distinctly,)
magpie, swan, eagle, emu, &c., &c.

The vegetable kingdom is more important. Thousands of
indigenous plants, unknown in other parts of the world, are

866

NOTES OP AN EXILE, ON CANADA,

here found; and during the greater part of the year, the uncul-
tivated fields and forests present the delightful appearance of a
flower garden.

The forests are evergreen. The principle trees are the
oak, pine, light-wood, cedar, peppermint, wattle, myrtle, cher-
ry, and different spcfies of gum. These last grow to an in-
credible size. 1 measured one seventv feet in circumference,
two feet from the ground. At the height of ten feet, nowevcr,
it was only about fourteen feet in diameter, and at fifty, about
seven feet. Its height was, I should judge, not far from onf)-
hundrcd and eijihtv feet. (lum trees from fifteen to twentv
feet in diameter, are common. All ihe wood of the Island is
rery hard, and is so heavy when green, as instantly to sink in
water.

In concluding this chapter, I would remark that a volunvc
might be written upon the sui)ject of which it treats, by a more
able and gifted pen. Tiie limits of this work have prevented
me from being as minute as I could have wished.

CIIArTER XXIX.

ConcUuliiisT remarks upon die Biitish Transportafi m System. — Condition of ilie Cann-
dian Prisoners. — Suit against the Colonial Government for False Im|irisonment.—
Departure from ViUi Dieman's Land on the British Merclianl vessel " Sons of Com-
merce.'' — Arrival at I'ernnmhnco. — Kindness of Stranger". — Vo\ a jp direci to the
United States, on the American Bar-jue " Gluhe." — Landing at New Castle, in Del-
dvyare. — I'lilladelphia. — New York. — Arrival at Home. — Conclusion.

I FOUND it much more pleasant to reside in Van Dieman's
Land as a free man, than a captive : yet have no hesitation
in saying, that I would not have made it my home for life,
could I have become the possessor of the wdiole island. Tim
general state of society, the insecurity of property, charac-
ter and life, the prevalence of every description of crime,
and above all, the worse than African slavery of the prison
population, render it an accuintd spot. It is due, however,

ENGLAND AND VAN DICMAN S LAND.

367

Ife.

lo the Biitisli Government, to say, that a change for the bet-
ter took phicc before I left the country, by which more pains
were taken for the reformation of the prisoners, and less hard
labor required ; but the plan of herding them together insures
their progress in a downward course lo temporal and eternal
death. In taking a linal leave of this subject, I deejii it my
solemn duly lo record my unqualified disapprobation, or I
might say horror^ of the Ihitish Ininsportalion system, as preg-
nant with the most fearful consequences, in a moral point of
view, to the convict. I have refiained irom givingnuiny da-
tails which I might of done, from feelings of delicacy ; indeed,
they were of so duik and dreadful a nature, that I could cU)
no more than hint at them. It has given me the greatest joy
to ftnd that these evils are beginning to be understood in
Great Britain, and I hope and ])ray, that the foul system
W'ill soon be aljoli.shcd altogether.

JMy anxiety to relurn lo my native land, was daily becom-
ing more intense after my restoration to liberty, but the want
of y^inc/.y, prevented the giatification of my wishes. This
obstacle, however, was removed by the kindness of F. W.
Clarke, Ksq., of lioston, Mass., who being in Van Dieman's
Land, on business, and learning my situation, accepted a bill
ncii my father, and furnished me with money to pay my pas-
sage to London, and procure 7\. fit-out.

A majority of my companions in exile were free, and san-
guine hopes were entertained that all would soon be pardon-
ed, but their condition would be but little improved thereby,
unless means were provided for their return home. Manv
despaired of ever being able lo leave the Island, and I am
sorry to say, an impression prevailed, that their friends and
the American public generally, were unmindi'ul of their con-
dition. The concUict of the whole party had been remarka-
bly good during the whole period of their exile ; antl I am
happy to be able to say, that they had gained the confidence
and esteem of the best people in the colony, and were regard-
ed as upright, steady, intelligent, and respectable men. It
grieves me to add, that a few occasionally drank to excess,
probably in the vain hope of thereby drowning their sorrows.

. 11

368

NOTES OF AN EXILE, ON CANADA,

An action against the Colonial Government for false impri-
sonment, had been pending in the Supreme Court for
some months before I left. It was brought by James M.
Aitcheson, and Mr. MacDowell kindly volunteered his ser-
vices in its support ; but a disposiiion was early manifested
by the judges to defeat it.* Mr. Hathaway furnished me
with a letter of introduction to Mr. Everett, the American
Minister in London, where I proposed to institute legal pro-
ceedings also, but subsequent events deprived me of Mr. Ev-
erett's counsel. t

On the 25th September, 1845, 1 bade adieu to my kind
friends, and shaking the dust of Van Dieman's Land from off
my feet, was soon on board the " Sons of Commerce," Cap-
tain Williams, bound for London. " All hands weigh an-
chor!" was soon shouted from the quarter deck, and the
ready " Aye, aye, sir !" and nerry song of the jolly tars, as
they manned the capstan, convinced me that we had a good
crew.

To describe my feelings on leaving Van Dieman's Land,
would be impossible. The remembrance of all my dreadful
sutferings, the persecutions of my enemies, the kindness of
my friends, and the forlorn condition of my less fortunate
comrades, came up before me, and I am not ashamed to ac-
knowledge, that 1 paced the deck for some time, my breast
heaving with uncontrollable emotions, and tears gushing from

*A letter wliich I have just received ft rni Van Diemau'ti Land, inforius nie thai this suit was
<]uashed,oa the ground of its having boon brought too late,

tCONfULATE OF THE UNITED STATFh, )

HoDAKT Town, Sept. tJ5rh, 1845. >
Sir, — Mr« LinUR Wilson Miller, one of our unfortunate countrymen who were engaged io
the revolt ill Canada, in 1338, and who has been a prisoner in this colony for the past six
years, being now pardoned, is about to embark tor the United States via T^ondon. He is de-
sirous for an introduction to your Excellency for advice, as it now appears that all the citi-
Eeus of the United States, who have been sent here prisoners, have been illegally held in
bondage, no warrants having accompanied them ; and it is the intention of many to institute
proceedings against the British Government for damages.

Mr. Miller bears with him testimonia Is of character from gentlemen of high standing in
the United States, and others, and I believe him to be a gentleman of undoubted integrity and
the fir<t respectability,

I have the honor to be, sir.

Your obedient servant.
The Hon. Edward Evekett, Ac., &c., Lokdoh . E. HATHA WAYn

KNCLAND AND VAN DIEMAN S LAND.

36D

III
kud

my eyes, in spite of my clTorls to restrain them.

It is not my intenlioii to trouble the reader witli the details
of my voyage home, which arc too uninteresting to disserve
more than a passing ghinco. There were about twenty pas-
sengers besido myself, from all of whom, though strangers,
I received kind and gentlemanly treatment.

Our sliip v/as not a lirst-rate sailer, but favorable winds
made up for the deficiency. Passing to the south of New
Zealand, and sicering E. S. E., we were not long in find-
ing a few :;c;ay icebergs, the company of which Capt.
W. did not reK:>h', for he immediately bore away to tl>e north.
T!ie wind'j were generally from the west, and tlie surface of
the great Pi'cifc t^mooih, when compared with the Atlantic
ocean. In ibrty-two days we rounded Cape Horn, immers-
ed in a thlc!: fo.:;, but favored with a good wintl. Tht^weath-
<;r was cold, ■ir.d passengers required warm clothing.

The winJ.' weu more variable in the Atlantic, and we
mau'j less progress. On the ISih of November, in Lai. -U"
degrees 5G m.nutes S., Long. 42 W., for the hrst time siuf,:
sailing we v;e.'e iViVorei with the sight of a neighboring ve--
sel, but as she v.'as several miles astern we soon lost sight of
her. On thj Bih Dec, in Lat. 22deg. 37 sec. S., Long. 137
dcg. 2Sm.V.''., il'c American ship "Lucas," Capt. IMiller, from
jJoston, bour.d to China, with passengers on beard, passed
v;ita"n a slGr.'^'j throv/ of our vessel. In Lat. IG degrees S.,
wci cang'.t the south-east trades, and on the 20th Dec, drop-
ped and. or i.i Pernambuco, to obtain water. We had seen

no lant

since sa!un<r.

v>ent on shore with the other

passengers, and found ihe Amei' ,'an barque "Globe," Capt.
Esliag, about to sail for Philadelphia. Wishing to shorten
myro'.'.te home as miieli as possible, I waited on Capt. E.,
and requested him to accept a bill on my father for the
amount of the passage. This he declined doing, as contrary

to h

is instructions from the owners of his vesst

but

circumslances heconiino' known to some American ar»d En-

glisl

nt!

nvMi, res.den

ts th

ere, and otiiers, a subst'ription

was wiihne.t iny ]:!iowie(lge started, and in a few minutes
tiie suMi of fifty-S'.'Von ui'lhirs was [.laced in my hands by these

370

NOTES OP AN EXILE, ON CANADA,

kind friends. I accepted it witli grateful feelings, upon condi-
tion tliat I should draw upon my father for the amount, and
the money bo returned.

On the 25th December, the Clol)e sailed for Philadelphia.
D. It. Bouker, Esfi-, and Cnpt. Upton, of Salem, Mass., were
my fellow passengers, and in the society of my countrymen, in
an American vessel, I began to feel myself once more at home.
In crossing the equator, the southern cross soon disappeared,
while the northern star, which had been hidden from my view
so long, gradually arose above the horizon, and I hailed its first
appearance as I would have done the face of an old friend.
But m passing from the southern to the northern hemisphere,
the voyager, if an admirer of the starry heavens, loses
greatly by the change. Nothing can exceed the beauty of a
starlight night at the south. Each star in brilliancy shines
forth like a little sun in the heavens, and the whole firmament
appears sparkling with bright and beautiful gems. The Ma-
gellan clouds, which resemble in appearance two detached
portions of the galaxy, and a neighboring dark space or spot in
the sky, in which no stars arc visible, are seen at an angle of
about 50 degrees in the heavenr> to the south, and add much to
the interest of the scene. Stars of the first and second mag-
nitude are much more numerous than at the north, and their
great brilliancy, and intensity of light, are probably owing to
the clearness and purity of the atmosphere.

On Sunday the 25th January, 1840, we landed at New-
Castle, Delaware, having experienced a very pleasant and
agreeable voyage. The reader must imagine with what de-
light I hailed the first sight of my native land, and the emotions
I experienced upon setting my foot upon its shores, for 1 am
incompetent to describe them.

Leaving the vessel in charge of the pilot, we proceeded to
Wilmington, and took the rail-road cars for the Quaker city,
which we reached about 2 o'clock the next morning Here
we remained until the Globe arrived on the evening of the 27lh,
and I had leisure to remark, that it was the finest city in out-
ward appearance at least, that I had ever seen. The regular-
ity, width, and cleanliness of the streets, the simple elegance of

ENGLAND AND VAN DIEMAN's LAND.

371

the buil(linc:s, and the sedate, b

-like

of th

manners
icinc'cd ol'praiso from

uusini
habitants, besix.'ak for the (iuakorCi
the stranL>-or \vlio visits it.

On tiio mDrniiiL; of the; -Jsth, I reached the metropolis of tlie
I'nitt'd Slates, when; Ibath; fannveil to my kind companions,
Messrs. liouker and I'lifon- The tViiiullv coni'-ratulations of
strangers ^vcre siUlicient to convince mo, however much Hke
a (h'cam it might appear, that I was in U;cd out of the land of
Xod, and in my (»\vn iialivi; stale.

lint tiier(3 Wiis one dear, loved spot, the (juiet townof Stotdc-
ton, the home of my childhood, the ;d)ode of those near{^st my
heart, whi(di i)0ssesscd greater attraetions to me, than all the
splendid cities of the world : and J hastened onward, as fast as
steam would earry mo, to taste onee more its Hweetn(?ss.
"'Home ! sweet, sweet home!" how the breast of the wander-
er thrills with delight as he nears it after an absence of long
years of adversity! IIow has time dealt with the loved anil
worshipped ones ] D(.i they still live'? J)o they look, and feel,
and love, as in bve-ci"onc years? What chau'^^es are wrought
in the on(;c lamiliar faces of the ha])py children, who sj^ortetl
on the village green? Of youthful comitanions; whose hearts
at the parting, long ago, were warm with the friendship and
trust of growing years ; and with whom the delightful season
of youth glided sweetly and swiitly away ? The vacant chair
may be found at a father's fireside, awaiting the return of the
absent, which no stranger has been allowed to oceui)y ; but
may not new friendships, new ties, long have lilled the place
once occupied by the wanderer, in the heart ofan early friend ?
Aged sires, whose heads at the parting were already whiten-
ing; have they disappeared from the homes which their strong
arms had made so bright and comfortable ; or do they still lin-
ger around their hearth-stones, and will they remember and
recognise one on whom they used to smile? The village church
yard ; how many friends and acquaintances are sleeping there
who would have rejoiced at the exile's return? Such questions
as these, together with a thousand tender recollections of the
past, arise in the mind of the returning wanderer, and the near-
er his approach, the more intense his feelings, until his footstep

J 1

372

N0TR8 OF AN KXII.I!, SlC.

I'. I

i t

is once more heard upon llic tlnuslilioid of n home \vhcrc it ban
lonr^hucn listened for in vain ; wh' re the ihmw of a parent's,
a hrotljer's, a slst(;r's love, has been buniini; hri^liti-r and ])U-
rer for years ; ^vh(Jre eountiess j)rayers liave been oflbrcd for
his teniiiorai and et(.'rnal wtllare. for th(i rielicst of heaven's
l»lessin,i(s upon iiis head, for the r-;oun(l of liis footsteps a;jain
npon the throshhold; and — hark! then' it is! ti»ose prayers are
answered! the y;ro(Z/'oYi/ is returned! Now, I-.o! \'ijx \\\l' fatlcd
valf!

Indulixcnt Header, my task is nearly finishod. Thanics to a
ijracious Providence, I fonnd my nearest relatives, after an ai>-
scnee of cic^ht years, alive and \vell; and we sonielimesnatlicr
around a pleasant fireside, and talk over the trials of tlic past.
Whether tliL' cup of adversity, of which I have so dcc])]y drank,
has fitted me for a faithful disehanfe of lhi3 duties of life, re-
mains to be seen ; but of this I am certain, I still am blessed
with a stron:^ arm and awijlina; heart to wield a sw^ord in the
sacred cause of LmnRTV, either in tlic defenc*^ of my own coun-
try, or the rights of an opi)ressed people.

Kind, gencious friends of my native land, whose friendly
sympathies have followed me in my \vandcrin<TS, and cheered
the hearts of my aged parents in my absence, with grateful
emotions, I bid you adiel-.

APPENDIX.

XoT r. T.— n A T T L K OF P U i: S C ( ) T T .

Knrly in Kovciuber, 1 h;!S, llio inovomonts of the Patriots on our north-
orn frontli'r itidicatcd that renowctl attoniptfl were about hvuvx niudo tor
a^ain unfiirlin;;: the stamhird of Lihi-rly in Tppor Canada. 'I'he zoaluus
>vat(.'h fulness of tlic United States antlioritlen, and tlio indeelsion, luis-
nianau'enu'nL and, possibly, ■want of cncrj^etic; coura^^ic in some of thi'
leaders of llie ]>arty, divided, and finally withheM the main l)ody of ijie
invaders; hut there ^vere a lew ehoiee spirits who, shrinkiii;^ I'roiu no
danger, ami ('f)nfidenfly relyin;^ upon the pled^/ed faith of their comjiat-
riots, ruihed boldly forward to jiuve the way for others. Their leader,
Col. S. Von Sehoultz, (a Pole, of noble extraetion, who had fou^jht the
battles of his own oppressed country, and afterwards son^j^ht a refuge on
our ishores,) was in every respect worthy to act in that caitaeity.

A\'itli orders to storm Fort ^\'ellington and unfuil his banner npnn its
walls, (a preconcerted signal for the Canadians to join them,) ho I'ound
himself opposite Preseott on the morning of the 11 th, with two schooners,
containing about 200 men, arms, anununiiion, artillery, })rovisions, iS;e.,
&c.; but unhappily, in an attempt to cfleet a landing at the wharf, both
vessels ran aground, where (me remained several hours, while the other
got clear, but was only able to make the Canada shore at AVindmill Point,
u mile below the Fort. Here Von Schoultz landed his men, and took
jiossession of a stone mill, and three out-buildings.

The steamboat " United States," and the small Canadian steam ferry-
boat were taken possession of by the Patriots, at Ogdensburgh, and after
several attempts, in which they were opposed by the British steamer
"Experiment," in which seven of the enemy were killed by musket and
rifle shots, succeeded in hauling olF the schooner from the shoal in the
river, and landing some of her men at the windmill, but in the confusion
and mismanagement attendant upon the opposition of the enemy, left
with nearly all the munitions of war so much needed by Von Schoultz
and his party.

In the evening, Col. Worth, of the United States army, arrived at
Ogdensburgh, with a detachment of troops, and a United States Marshal,
ftnd took possession of the steamboats, schooners, &c., thus cutting oil

24*

I ■ '

i 1

374

APPENDIX.

further supplies of men, arms, &e., from the Patriots at the Windmill,
who busied themselves during the night in strengthening their position,
hdvin;5 been repeatedly promised large rcinforeements from the Ameri-
can shore since their landing. Alas ! they were cruelly deceived.

On the morning of the Tith, an attempt was made by the enemy to
dislodge them. Three armed steamboats dropped down the river from
Prcscott, anchored opposite the mill, and commenced throwing balls and
Ijoinb-shclls; at the same time the iS'Jd regiment, supi)ortod by about
1200 provincial soldiers, made tht'ir appearance in th^; open field in front,
tlie latter forniini' the rlirlit and left wimjs. Tlie L'atriots now marched
out and formed in line of battle, entrenching themselves behind t-tone
walls, ditches, &c. Tlic enemy advanced to within about one hundred
yards!, and opened their fire, which was inmicdiately returned with great
spirit and ellect. The provincial troops were the lirstto retreat, leaving
the iS;5d unsupi)orted, and they too, after iighting bravely until literally
cut to piece>^, retreated. Tims, after a desperate engngement which
lasted upwards of three hours, this little handl'ulof Patriots were left in
undisputed possessir)n of the field of battle, having fairly benten more
than eight times their u'uuber of the enemy. Their loss in kilU'd ;uid
wounded was abou*^ thirty, while that of the enemy is said to have been
nearly three hundred. The :umals of history record but few victoi ics
achieved against such fearful odds, and probal-ly there never w;is u
braver band of men eniraged iu deadly cond)at with IJridsh Ibrces.
Durlnnf the cnsraiireinent, the American shore was thronired bv thousands
of spectators, who constantly cheered the I'atriots, but that was :ill ! Xo
elH)rts were tlun or afterwards made to reinforce or bring- them invny.

On the 1-tth, a ihxg of truce was sent by the IJrItish, asking permission
of the Pati-Iots (who occupied tlie mill and stone buildings) to bury tlu.'ir
dead, which was granted. On the J. "Jth, the enemy were greatly rein-
foi'ced, and all chance, either of escape or fuial suct;ess, cut oil'. On the
IGthjthe Patriots sent out a Hag of truce, the bearers of which were tired
upon as soon as they made their appearance in the field. A wlilte llag
was at the same time displayed irom the summit of the mill, but without
being regarded. A little before sunset. Col. Dundas sent a llag sum-
moning the party to surrender at his discretion, which was done. Thus
ended this iinecpial and sanguinary contest ! The loss of the van(piished
party in killed and wounded, was said to have been less than fifty, while
that of the victors was nearly six hundred.

Of the captured Patriots, their brave and noble leader, A^on Schoultz,
Col. Abbey, Col. Woodrulf, Daniel George and others, were executed ;
several of the youngest pardoned, and the remainder sent to Van Die-
' man's Land.

APPENDIX.

376

ile

Note IL— RATTLE OF WINDSOR.

On the 4th December, 18.18, a party of Patriots crossed over from
Detroit and landed on the Canada shore. The same n>isnnna;jjement
prevailed here as elsewhere ; only one hundred and sixty-four men, being
about one-eighth of their available force, were brought into the field.
They were commanded by (ien. I'utnam and Col. Ilarvell, the former a
Canadian I'efui^ce, the latter a Kentuckian. ]\[;iking a forced inarch to
Windsor in two divisions, tlioy attai'ki d the military bantn-ks, shouting
their watchword, " Hemembor Troscott ;" and crossing guns with the
enemy, through the windows, fouglit with determined courage for about
forty minutes, when, the barracks being on (ire, the IJritish force sur-
rendered — iu number thirty ; iheir killed and wouiuh.'d being iibout as
many more. I'iiglit of tlie Tatriots were killed and seven woundt-d ;
among tin; former w; s C'a[it. Lewis, a Ca'i.uliau, from the Loudon dis-
trli't, and a brave oliicer. 'l'!ic latter took small boats and relurned to
the Anierieau shore, wliv-re their landing was opposed by (ien. Hugh
Urady, of tlie United States anny. [Tiie reader can makehisown com-
ments upon this oliicer's ci>ii(hu\'.'\

After l)urning the Ib-itish steamer "Tiianies," which lay at, the wharf,
iu token that the outraixe of tlie "Caroline" was not forgolLen, the Tatri-
ot? took u[) tl'.eir line of march for Sandwicli.

On their way they (>nc()nMtered a considerable body of the enemy,
whom they attacked ai\d di-ovc into an orchard, where they took position
behind a fence. A skii-niishing light continued iiiiiil the enemy wen;
reinforced by two hundred ivguhirs, from iMahlen, wlio cut oil" the rear
guard of tlie Patriots. Tliis detaclnuent, after discharging their j)rison-
crs, ?ei^ed upon such canoes as they could fnul, and crossed over to
Hog Island, where JMajor Piiiiiw, of the United States Army, who had
conuuaud of the steamboat " J'lrie," o/vAvvv/ his men Id fir t: upon, thrm !
u'h'nli n'l's (Idiic !

iMeantinu', ( Jeneral Putnam was com[)elled to order a retreat to the
woods, in ellecting which his party were exposed to a deadly fire, and the
retreat at length became ;i lli'dit. I'utnam was shot dead in the act of
getting over a fence. His aid likewise fell with the Patriot standar^l in
his hands, which he wrap[ied around his body, and expired. CoL Ilar-
vell died as a warrior should, nobly fighting to the last. He would
neither retreat nor accept (piarters from an ungenerous enemy. A few
of the party escaped to the American shore, some perished in the woods,
while the remainder were hunted down by the Indians and Hritish Mood-
hounds. The most disgraceful part of the affair remains to be told. Col.
Prince, in his oflieial report, says :

" Of the brigands and pirates, twenty-one were killed, besides four who
were brought in just at the close and immediately after the engagement ;
ALL or WHOM I ordered to be shot upon the .spot, audit was done accord-
ingly,''

376

APPENDIX.

Col. Sheldon and fiv« others were taken by the Indians a day or two
afterwards, and were about being murdered in the same way, when Col.
Airey, in answer to an appeal made by Mr. Sheldon, exclaimed to
Prince, " Good God ! will you murder men whom the savages have
spared?" These men were saved, but several wounded Patriots were
shot or bayoneted in cold blood, while begging for quarter. It was
asserted that even the savages who witnessed these proceedings, left the
IJritish camp in disgust.

Messrs. Joshua Doan, Daniel Kennedy, Correlius Cunningham, Hiram
13. Linn, Bedford, Clark, and Purley, were executed at Loudon, and
eighteen others transported to Van Dieman's Land.

Note III.

Of the ninety-one Canadian State prisoners transported to Van Die-
man's Land, thirty-three remained on the Island in September, IS-i-j.
Joseph Stewart, Solomon Ileynolds, Elijah C. Woodman, lloburt _G.
Collins, John Berry, Joseph Leforte, Moses A. Dutchcr, (married in the
colony,) J. S. Gutteredge, Jacob Paddock, John Vernon, John C.
Williams and James M. Aitcheson were pardoned, but had no means
of paying their passages home. Orlin Blodget, Asa IL llichardsoB,
Hush Calhoun, John Spra'^ue, Henry Shew, Hiram Loop, Thomas Baker,
George B. Cooley, Michael Fraer, Chauncey Mathews, Calvin Mathews,
Andrew Moore, William Ileynolds, John Bradley, Patrick White, Riley
M. Stewart, James Ingles, Horace Cooley, Samuel Washburn, and
Norman Mallory, held tickets of leave, but were not pardoned. Jacob
Beemer was at a road party. Robert Marsh, J. Cronkhite, Leonard
Delano, Luther Darby, Elon Fellows, Nelson Greigs, Jeremiah Greigs,
Gideon Goodrich, John Gillman, David House, Daniel D. Heustis, Ira
Polly, Orin AV Smith, Elijah Stevens, Samuel Snow, John G. Swans-
burgh, Alvin B. Sweet, Chauncey Sheldon, Joseph Thompson, John
Thomas, Beemis Woodberry, Edward A. Wilson, Nathan W. Whiting,
John Grant, James D. Fero, Ililey Whitney and Henry Barnham left
Ilobart Town in January, 1845, for the Sandwich Islands, per American
whaling vessel, " Steiglitz."

David Allen, John B. Tyrel, John ]\Iorrisette, were pardoned, and
left the colony for the United States, in 1844.

Aaron Dresser and Steplien S. Wright were pardoned for capturing
bushrangers, in June, 1843, and returned home.

William Gates and Chauncey Bugbee, left for Port Philip, New South
Wales, in July, 1845.

George T. Brown left on an American whaler in January, 1845,
and arrived home in the spring of 1846.

APPENDIX.

">77

Emanuel Garrison, Garret IUcks, and Daniel Liscombe, left for Syd-
ney, in the American merchant vessel "Eliza Ann," June, 1845; the
two former intending to work their passages homo, in that vessel.

^Michael ^lurray left Van DIeman's Land in the United States whaling
vessel "Fame," in June, 1845.

lliram Sharp left in the United Stales whaling vessel " Balle," for a
v.l)alingvoya;?;e in thi.' South Seas, August, 1S45.

Jehial 11. Martin and Jainis Pearce left for S} duey, in a colonial ves-
sel. September, 1845.

Benjamin Wait, Samuel Chandler, and James Gemmell, made their
escape from t!)e Island in 1842.

Alexander ;M«Leod, John James McXulty, Garret Van Camp, r). P.
"^Villlams, Asii Priest, Andrew Leper, Lysander Curtis, Foster Martin,
William Xotpjjo, John Simmons, Alson Owen and Ihomas Stockton
wero dead ; iT^arly all these men died in consequence of bad treatmenU

TESTIMONIALS.

[The following certificates of ihe aiiilior's conduct wlrle resident in Van Dicman's lirtiid,
vore kindly furnished him by llic gnntlemon whose signatures they bear :]

I certify that ^h. Linus Wilson T^lillor, who was sent to this colony for
being concerned in the rebellion in Canada, was sent to this station in
coii.ssquence of attcaiptiiTg to make his cs,;ape from the colony: that
shortly afterwards he became an inmate of my faraily, as tutor to my
children, and remained for upwards of two years with me : that I always
found him actuated by the most honorable feeling;;, and that his conduct
lu'^n, and since, has been such as to merit tln! most unciualified approba-
tion. T. J. LEMPlilKKE,
A?r^'t Com. Cieneral, and .1. P. for the lernitory of Van Dicman's Land.

J'oRT AuTinR, Van Dikman's Land, 1st July, 1S45.

''1

I have known the bearer, Mr. L. W. Miller, for nearly four years past,
aid have much pleasure in bearing testimony to his unilormly steady and
exemplary conduct diuinj; the whole of that ])eriod. I have reason to
bolievo that he has given entire satisfaction to all those in whose employ
he has been engaged. * J. A. IMANTOX,

Minister of IMelville st. Chapel.

TlauART Town, Van Dieman's Lani>, 24lh September, 1845.

I do hereby certify that I have known Mr. L. W. Miller, who was
imfortunately sent to this colony for being concerned in the American
outbreak, for a considerable length of time ; and that his character and

378

APPENDIX.

conduct obtained for him general estimation, not only from the authori>
lies, but from the inhabitants in general. His return to his native land is
accompanied by th(^ general good wishes.

ROB'T LATHROP lilURKAY,
late Captain, "Royals;" and proprietor of Murray's Review.
HonART Town, September 22, 1H45.

I hereby certify that Mr. L. \V. JMlUer was known to me for about
five years ; his conduct the whole period was in every respect most unex-
ceptionable and exemplary. lie has always acted in a manner to induce
me to look upon liini as a young man of honorable and uprit^ht feelings.

CHARLES O'lIARA IJOOTII,

Van DrKMAx's Lwn, 22nd Sept., 184.1. (Queen's Orphan School.

Errata. — The following are the principal errors that escaped correction in the
•"evision of prool's :

Page nifi, 21st line, after "substance," Tead,with ichich the iratcr tras impre^vurcd.

'• .12"), 2'lh " for six read, nine feet.

" 3n.:>, inth " ioT load, re-dd land.

on-
idis

ouf
ex-
iice
js.

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