•vA,- rrwri' A 1 I ( /^. THE EIGHT HON. EOBEET LOWE VISCOUNT SHEEBEOOKE VOL. I It has ever been a hobby of mine, though perhaps it is a truism, 7iot a hobby, that the true life of a man is in his letters. . . Not only for the interest of a biography, but for arriving at the inside of things, the publica- tion of letters is the true viethod. Biographers varnish, they assign motives, they conjecture feelings, they interpret Lord Burleigh's nods; but con. tempoi-ary letters are /acfs. —Dr. Newman, to his Sister, Mrs. John Mozley, May 18, 18G3. oZ1(?1x.aJ^ U^ Ex Libris C. K. OGDEN LIFE AND LETTERS OF THE RIGHT HONOURABLE ROBERT LOWE VISCOUNT SHERBROOKE, G.C.B., D.CL ETC. WITH A MEMOIR OF SIR JOHN COAPE SHERBROOKE, G.C.B. SOMETIME GOVERNOR-GENERAL OF CANADA BY A. PATCHETT MARTIN IN TWO VOLUMES — VOLUME I. WITH PORTRAITS LONDON LONGMANS, GREEN, AND CO. AND NEW YORK: 15 EAST 16'" STREET 1893 All ri'jhts reservd TTT?T> A f» Y -^-^ SANTA BAEBABA ^ TO CAEOLINE, VISCOUNTESS SHERBROOKE IN THE HOPE THAT SOME MEASURE OF SUCCESS MAY HAVE ATTENDED MY EARNEST ENDEAVOUR TO MAKE A GREAT ENGLISHMAN RIGHTLY UNDERSTOOD BY HIS COUNTRYMEN THIS WORK IS RESPECTFULLY DEDICATED PREFACE The small amount of time and pains which Lord Sherbrooke bestowed on his Autobiography may be gathered from a perusal of the brief personal memoir which forms the Intro- duction to these volumes. When, however, it was represented to him that his share in the formation of contemporary history would be of interest to the public, he readily assented to the preparation of this work, and rendered whatever assistance was in his power. It is true that the imperfect measure of sight, which he had once enjoyed, had entirely deserted him ; but he retained his lifelong habit of attention to every subject presented to him, and his criticism on what was read was always valuable and suggestive of further sources of information. It is superfluous to record the obligations I am under to the relations and intimate friends of Lord and Lady Sherbrooke. Their kindly aid has been invaluable ; and without it, the ac- complishment of my task would have been impossible. Those who knew Lord Sherbrooke well regarded him with a sincere affection which made their co-operation a labour of love. But on the part of a very large number of correspondents at home VI 11 LIFE OF LOPJ) SIIERBIIOOKE and abroad, from whom I had httle to expect, I have met with an evident anxiety to further the work, which, though due to their esteem for Lord Sherbrooke, leaves me under a heavy debt of personal obligation. Several of Lord Sherbrooke's old friends and contemporaries have favoured me witli written reminiscences, which I have embodied m this work, while others have communicated their information verbally. In the former category I must especially mention Lord Sherbrooke's schoolfellow, Lord Selborne, who has been good enough to contribute his narrative of an unbroken friendship of over sixty years. Professor Jow^ett, the Master of Balliol, has sent me a personal memoir of one who was to him much more than a statesman — the fine scholar and close friend, to whom he thought fit to dedicate his Thucydides. With these should be linked the name of Canon Melville, with whom Lord Sherbrooke enjoyed the happiness of an uninter- rupted intercourse extendmg from Oxford days to the last months of his life. Among another group of friends whose intimacy com- menced in the drier regions of official intercourse and ripened into warm friendship, I would name Sir John Simon, K.C.B., author of Enrjlish Sanitary Institutions, who was for many years associated with Lord Sherbrooke in the initiation and subsequent work of the Medical Department of the Privy Council. I have left Sir John's clear and concise statement of that relationship to stand, as he has written it — in my humble judgment an invahiablu record of a noble joint achievement. From Sir Rivers Wilson, Sir Thomas Farrer, Lord Thring, and othfr notable men who have l»ocn officiallv associated PREFACE IX with Lord Sherbrooke, I have received most valuable assist- ance. I am under special obligation to Sir Douglas Galton, the friend and travelling companion of Lord Sherbrooke on his American and Canadian tour of 1856. Acknowledgment must also be made to Mr. Cotterell Tupp, formerly of the Indian Civil Service ; to the Hon. Lionel ToUemache for the kind offer of his unpublished manuscript reminiscences ; to Mr. Topham Hough, for the very interesting Pedigrees to be found at the close of the second volume ; as well as to General Sneyd for papers and notes concerning the Kidderminster riots, kept by him at the time. Of those who have courteously placed letters at my disposal, letters of especial value in the case of one to whom corre- spondence was so dijfficult, I am greatly indebted to Lord Sherbrooke' s sisters and to Mrs. Sherbrooke of Oxton. Among others whose kindness in this respect must be specially acknowledged, I must mention the Duchess of St. Albans, the Earl and Countess of Derby, Canon Melville, Mr. Gladstone, the Marchioness of Lansdowne, the Countess Granville, the Countess of Airlie, Sir F. B. Outram, Sir Archibald and Lady Dunbar, Mrs. Michell, Archdeacon Boyd, the late Sir George Macleay, Sir William Windeyer, and Mrs. Billyard of Sydne3^ Among other correspondents to whom I am indebted for aid and sympathy are — the Earl of Cranbrook, the Earl of Wemyss, Mr. Goschen, the late Dr. Charles Wordsworth, the Dean of Westminster, Rev. E. S. Ffoulkes, Sir Wilham Smith, Sir John Lubbock, Sir Richard Quain, Professor J. A. Froude, Mr. Henry Reeve, Sir John Pender, Colonel Capel Coape, Sir Juland Danvers, Lord Lingen, Sir Reginald Welby, X LIFE OF LORD SIIERBROOKE Rev. "Win. Eogers, Dr. Piichard Congreve, Mr. l\. A. Macfie, Mr. Edward Jenkins, Mr. T. B. Boulton, Rev. J. Pickfurd, Professor Goldwin Smith, and Mr. Moberly Bell. The kindness of Mrs. Cliaworth Mnsters in sending her correspondence with her uncle, has been supplemented by her personal recollections of Lord Sherbrooke, and by much valuable incidental information with regard to the family history of the Lowes and Sherbrookes. Following the Life and Letters of Robert Lowe, Viscoiiiit Sherbrooke, will be found a l)rief memoir of Sir John Coape Sherbrooke, G.C.B. For the papers and documents on which this narrative is mainly based, I am indebted to Mrs. Sher- brooke of Oxton. It is here necessary that I should acknow- ledge the courtesy of the present Duke of "Wellington in giving permission, through the late Lord Sherbrooke, for the publica- tion in tliis memoir of two unpublished letters, written by his illustrious grandfather to Sir John Sherbrooke during the Peninsular War. I have only to add that my task has been greatly facilitated by the fact that all documents, family and private letters and papers connected with the late Viscount Sherbrooke, have been placed unreservedly in my hands. A. PATCIIETT ^L\HTL\. LuMxjx: MarcJi 1893. CONTENTS OP THE FIEST VOLUME INTRODUCTION .... '.^''i A CHAPTER OF AUTOBIOGRAPHY (lobd shekbrooke's type-weitten memoir — 1870) . 3 CHAPTER I parentage and descent • . • .45 Appendix to Chapter I (Ireland and the Poor-Law) . . . .59 CHAPTER II childhood and school-days (1811-1829) 64 CHAPTER III OXFORD (1829-18,33) The Undergraduate — ' Union ' Debates and Classic Wit . . . .70 CHAPTER IV OXFORD [continued) (1833-1840) Graduate— Fellow of Magdalen - Private Tutor, and would-be Professor . 92 xii LIFE OF LORD SIIERBUOOKE CHAPTER V MARRIAGE, AND CONTINENTAL TOUR PAOE (March-August, 1836) 107 CHAPTER VI ROBERT LOWE AND THE TRACTARIANS (1841) 119 CHAPTER VII IN LONDON (1841-1842) Called to the Bar — Emigration to Australia 134 CHAPTER VIII THE VOYAGE OUT Letters for ' Home ' — Fire at Sea — All but wrecked off Cape Otway — Mel- bourne in 1842 144 CHAPTER IX IN SYDNEY Port Jackson — Sir George Gipps at Paramatta— W. S. Macleay at Eliza- beth Bay — Condition of Sydney 155 CHAPTER X A PERIOD OF GLOOM Threatened Blindness— Bush Wanderings— Tribute to W. S. Macleay — Eeturn to the Bar 170 CHAPTER XI THE CROWN NOMINEE (1843-1844) Lord Stanley's ' New Constitution ' — Richard Windcyer, the ' Popular Member' — \V. C. Wentworth, the 'Australian Patriot' — Lowe's Maiden Speech in tlie Council — His Stand for Free-Trade Becomes a Personage in Sydney 185 CONTENTS OF THE FIRST VOLUME xiii CHAPTER XII AT THE SYDNEY BAR TAliK Tiial of Knatchbull — Lowe and Judge Burton— Dr. Elliotson of the Zoist — ' Mr. Lowe's Ethics ' 198 CHAPTER XIII LAYING THE FOUNDATION OF PARLIAMENT Chairman of Committees — The Chaplain — Dr. Lang and State Churches — Breach of Privilege — Duelling in Sydney — Anti-Corn-Law Speech — Parallel between Canada and Australia — Report on Education . 211 Appendix to Chapter XIII (Report of Robert Lowe's Committee on Public Education) , 225 CHAPTER XIV CREATION OF THE COLONY OF VICTORIA Robert Lowe's ' Separation ' Speech — Resigns his Seat as Crown Nominee — Sir C. Gavan Duiiy's Comments on Irish and Victorian ' Home Rule ' —Lowe's alleged ' Pedantry ' — Account of the Rupture with Sir George Gipps 232 Appendix to Chapter XIV (Speech delivered by Robert Lowe in the Debate on the Separation of Port Phillip. Legislative Council, Sydney, August 20, 1844) . 241 CHAPTER XV the EDUCATION QUESTION Sir Richard Bourke and Lord Stanley's Irish National System — Attitude of Dr. Ullathorne — Robert Lowe becomes its Chief Advocate — First Speech to the People of Sydney — Roger Therry and M. Guizot— Mr. Lowe and the Council checkmated ....... 243 Note A. — In Defence of Bishop Broughton 2.51 Xiv LIFE OF LOED SIIERBROOKE CHAPTER XVI THE ' ATLAS ' AND ITS CONTEIBUTORS PAGE Condition of the Colony — Appearance of the Atlas — Lowe's Articles and Verses— Attacks Colonial Otifice -Satirises Sir George Gipps and Eoger Therry — Songs cf the Sqicatters—'Prmci^&l Contributors . , 253 CHAPTER XVn MEMBER FOR ST. VINCENT AND AUCKLAND Sir George Gipps and the Legislative Council — District Councils — Quit- rents — Lowe stands for St. Vincent and Auckland — Address to the Electors — Returned unopposed — Speech from the Hustings — Schedules A, B, C— Takes his Seat in the Council .... 269 CHAPTER XVni AT NELSON BAY At Nelson Bay — Mrs. Lowe's Description of Nelson Bay — Sir Thomas Mitchell— W. S. Macleay- Sir Alfred Stephen -Letter to Eev. E. Michell — Success in Court and Council — Wentworth's Dinner — Lowe's Imperialist Speech — Alexander Macleay's Pension — Went- worth's Oiler for the Speakership— Lowe's Views on Dignity and Dining 281 CHAPTER XIX THE POPULAR LEADER The Wentworth Banquet — Robert Lowe and Imperial Federation - Private Friends and Public Funds — The Speakership and Bi-weekly Dinners — Lowe on Economy— Hon. Francis Scott, M.P. — Land Legislation — Death of Richard Windeyer — Death of Lady Mary Fitzroy— Caro- line Chisholra .... 2.^0 CHAPTER XX MR. GLADSTONE'S PROPOSED PENAL COLONY Archbishop Whately and Charles Buller— Dr. Bland and the Australian Patriots— Review of the Transportation Question — Mr. Gladstone's Despatches to Sir Ciuvrics Fitzroy —Wentworth's Select Committee — The Penal Colony in North Australia— Robert Lowe in the Atlas — A Popular Idol .S07 COMMENTS 01' THE FIRST VOLUME xv CHAPTER XXI NOTES OF A GREAT SrEECH PAQK (Legislative Council, Sydney : Oct. 9, 1840) . . . 3'20 CHAPTER XXII MR. LOWE AND THE SQUATTERS Earl Grey's Land Bill — Mr. Lowe on Downing Street Solicitude — Went- wortli and the Waste Lands — Roman Nobles and Australian Squatters ^Lowe's Appeal to the Squatters— To the Council — Lowe's Eeply to AVentworth — His Pamphlet — The Division — Review of the Land Question — Agrarian Gamblers— Character of Wentworth — Lowe de- termines to return to England 32G CHAPTER XXIII A SLAVE-TRADE PHILIPPIC The ' Orator ' in Heads of the People — German and French Immigrants — The Squatters and the South Sea Islanders 347 CHAPTER XXIV THE GREAT ELECTION OF 1848 Lowe's Address to the Electors of St. Vincent — Action of Henry Parkes and Sydney Electors — Returned for Sydney without Canvass or Expense — His Last Letter ' Home '....... 350 CHAPTER XXV MEMBER FOR SYDNEY Port Phillip declines to send Members — Lowe's Letter — Earl Grey elected for Melbourne — Lowe and the Sydney Unemployed .... 300 CHAPTER XXVI ROBERT LOWE AND EARL GREY The Proposed Constitution — Lowe and Wentworth at the Victoria Theatre — Earl Grey's 'Exiles ' — The Convict Ship Hashemy — -Lowe at Cir- cular Quay — Alarms Sir Charles Eitzroy — His Plea for Responsible Government 373 XVI LIFE OF LORD SIIERBROOKE CHAPTER XXVII THE CLOSING YEAR IN AUSTRALIA PAGE Lowe's Attack on the Sydney Corporation — Proposed University for Syd- ney — Cliallenged by Dr. Bland — Lowe's Offence to the ' Emancipist ' Class — Sails for England— A Footnote on Stanley, Gladstone, and Grey 391 INDEX 407 ILLUSTBATIONS ROBERT LOWE, 183G Frontispiece REV. ROBERT LOWE, J.P., 1806 . . . . . To face page U MRS. LOWE, 1806 „ 46 GEORGIANA LOWE, 1836 „ IOC Erratum Page 64, line 15, for July 28, read July 27. LIFE OF THE RIGHT HON. ROBERT LOWE VISCOUNT SHEEBEOOKB INTRODUCTION The life of Robert Lowe, Viscount Sherbrooke, falls naturally into three epochs — Oxford, Sydney and London were, in turn, the scenes of his active life, and no higher testimony is needed to the greatness and versatility of his powers than the fact that in fields so dissimilar he reaped the highest distinction. Differing, however, as they did in other respects, these epochs of his life had one point in common : they were periods of incessant labour. Such a life, even under ordinary circum- stances, leaves little leisure for retrospect, but, handicapped as he was by semi-blindness, the accomplishment of each day's task was sufficient without the toil of recording it. Lord Sherbrooke had, moreover, a positive repugnance to autobiography. It savoured to him of egotism ; and it is solely due to the intervention of friends that he left even the brief and incomplete memoir which is here appended. Written in the interval of comparative rest which followed his resig- nation of office in 1876, it is marked by his habitual direct- ness. VOL. I. B 2 LIFE OF LORD SIIERBROOKE With characteristic energy, this memoir was ' type-written ' by his own hand. Even towards the close of life, and with his all but total want of sight. Lord Sherbrooke took a certain delight in mastering our latter-day mechanical contriv- ances. This chapter of autobiography, it will be seen, is a rapid retrospect of his entire life. At first it seemed the better plan to begin this work in the usual way, with a full account of his birth, parentage, education, and public career, weaving in from his own memoir the ' pur^^le patches ' of his vigorous phrases and apt allusions. By this means a certain order and continuity m the narrative might have been preserved. But after careful reflection, it was felt to be unfair to such a man as Lord Sherbrooke to break up, or in any way remodel his all too brief personal reminiscences. Here, in these few pages, we have at least his own account of those events and incidents in his life which he most vividly recalled in old age — the rough schooldays at Winchester, the studious years at Oxford, the chance meetings with Wordsworth and Darwin, the call to the Bar, the threatened total blindness, the long voyage to Australia. Here, too, he pays his pathetic tribute of aJBfection to his wife, the faithful companion and constant helpmate in his darkest as in his happiest hours ; and here he passes a singularly unbiassed judgment on his remarkable and in a sense unprecedented career, in which he gives his own explanation of his one striking failure — the failure to win the passing plaudits of the multitude in a democratic age. A CHAPTER OF AUTOBIOGRAPHY A CHAPTER OF AUTOBIOGRAPHY (Lord Sherbrooke's Type-written Memoir — 1876) If, as is generally and not without good reason assumed, the success of an undertaking is proportionate to the care and labour employed in preparing for it, I confess I do not enter on the task of autobiography under very favourable conditions. During the course of an active and laborious life it never occurred to me that there was anything in it which was worth handing down to posterity. I never was able to understand the use of keeping accounts or keeping a journal. Accounts are, of course, indispensable to those who are entrusted with other people's money, but why a man should keep accounts against himself, I never could understand. It never occurred to me that anyone else would want to know what I said or what I did, and as for myself it always appeared to me that every one is inclined to talk and think a great deal too much about him or herself. Egotism, in fact, appeared to me just one of those tendencies of human nature which least of all require to be encouraged. I have kept no correspondence. I must also confess that my defect of sight is no slight disqualification ; of its great- ness those who have had no experience can form little idea. It is one of those subjects about which it is impossible to deceive oneself. Besides, I have never found my chief pleasure in society ; why then should I undertake a task for which I profess no particular vocation, and for which I have neglected to store up much information which was once in my power ? I have two reasons : I have been pressed by many friends to 4 LIFE OF LORD SHERBROOKE leave behind me some account of a life which they are good enough to say they believe is sufficiently out of the common track to be worth recording ; I also am vain enough to believe that a narrative of the very great difficulties with which I have had to contend and which I have contrived to surmount, may possibly be useful to some who are inclined to throw up the cards before the game is lost, and to impute to adverse fortune the result of their own want of steadiness and enterprise. I was born at Bingham, a small town in the south of Nottinghamshire, of which my father was the Rector, on December 4th, 1811. I was a younger son, one of six children. The living was a good one, and my father had some property of his own. My mother was the daughter of the Eev. Reginald Pyndar, rector of Madresfield, near Malvern. I had the misfortune (which I share with a sister older than myself) to be what is called an albino. I presume there is no one so entirely free from personal vanity as to be able, without some feeling of reluctance, to discourse on his physical defects and infirmities. But happily, not having been endowed by Nature with a poetical temperament or having a special gift for self-torture, I have contrived to bear this in- fliction with tolerable equanimitj'. My poor sister was not so fortunate ; she was, I think, the gentlest and the best person I ever knew, but was ver}^ keenly alive to this misfortune. Had I felt my peculiarities as she did, anything like public or even active life would have been to me an impossibility ; but, jiuttrng sentiment aside, the misfortune was serious enough. The peculiarity of my eyes consists in the total absence of colouring matter ; this occasions, of course, especially in a man, a very marked peculiarity of complexion, amounting m early youth to something of effeminacy. For this evil, how- ever, I have found age a sovereign cure ; but as the absence of colouring matter extends to the eye, it necessarily occasions a great impatience of light. The eyelids must always be nearly closed, and so I never liave l)een able to enjoy the A CHAPTER OF AUTOBIOGRAPHY 5 luxury of staring anyone full in the face. Of course this intolerance of light must be attended with something very closely approaching to pain. I cannot even conceive the state of a person to whom sight is a function free from all pain and distress, but as I have no standard to measure by I may perhaps exaggerate my own misfortune. The cause of this annoyance is the total absence of what is called i\\Q j^ngmentum nifirum, the dark rim which surrounds the pupil of the eye and absorbs the rays of light which are not needed for the act of vision, and only confuse and disturb it. But, in addition to this defect, I had to contend with a malformation of the eye ; one eye has never been available to me for reading, and the other was hypermetropic — that is, the refracting power was so slight that the focus must be very near the back of my head. I began life, in fact, very much in the state of persons who have been couched for cataract, with the two additional disqualifications that I had only one eye to rely upon, and that had no pi^i''"' /6'06. 45 CHAPTER I P/VKENTAGE AND DESCENT Egbert Lgwe, Viscount SherbrGoke, was, as will be seen from his own account, of clerical descent on both sides. His father was the Eev. Robert Lowe, Rector of Bingham and Prebendary of Southwell, Notts, and his mother was the daughter of the Rev. Reginald Pyndar, Rector of Madresfield, Worcester. The mere fact that clerical celibacy is the law of the great Latin Church is proof positive that much may be said for it, from a purely sacerdotal standpoint. But England, as a State and as a nation, has assuredly been the gainer by the legalising of the marriage of her priesthood at the Reformation. It would astonish most persons, were the facts fairly placed before them, to find how much of the greatness and stability of our Empire is plainly due to the worth and patriotism of the ' sons of the clei-gy.' To go back only a hundred years, it may be doubted if there would now be an independent England at all, save for the little sickly offspring of a Norfolk parsonage, who fell at Trafalgar — but not before he had secured the inviolability of his native shores. In quite other ways, who, in our own day, has done so much by his indivi- dual genius to show that England and England's language should ever be foremost in the world, as that gifted and patriotic son of the Lincolnshire rectory — the late deeply lamented poet laureate '? These are merely two conspicuous instances. But the number of eminent Englishmen who first saw the light in a 46 LIFE OF LORD SHERBROOltE quiet parsonage, and received their early and indelible impres- sions of the world from its inmates and through the medium of its associations, is legion. One of the most notable is the subject of this biography, although it must be admitted that Lord Sherbrooke was among the least ecclesiastical of English statesmen. The so-called law of heredity clearly contains a great truth, Like produces like ; and a man of genius or of great talent is, as a rule, the child, or at least the descendant, of gifted and remarkable people. The Rev. Robert Lowe, Rector of Bingham, was a man of distinct ability and of great in- dividuality — qualities which only needed a wider stage for their display, to have made him famous. He was of the old- fashioned type of squire-parson it is the custom to revile now- a-days in the cheap prints, but which Mr. Froude, with the illustration of his own father, the Archdeacon of Totnes, before his eyes, so finely commemorates. The Rev. Robert Lowe was some years older than Lord Byron, and had known him intimately at Southwell in his early youth. The Miss Pigot who was a literary friend of Byron, was a cousin of Mr. Lowe, as was also the Rev. J. T. Becher of Southwell, to whom the poet addressed the verses beginning, ' Dear Becher, you tell me to mix with mankind.' Mrs. Chaworth Musters, who kindly sends the following letter, adds that her grandfather was naturally excessively annoyed at having been made the mouthpiece of an untruth ; and that the coolness which arose in consequence lasted up to the end of Byron's life. Lord Byron to the Bcv. B. Lotce. S St. James Street : May 15, 1809. My dear Sir, I have ju.st been informed that a report is circu- lating in Notts of an intention on my part to sell Newstead, which is rather unfortunate, as I have just tied the property up in such a manner as to prevent the practicability, even if my inclination led me to dispose of it. But as such a report may render my tenants uncomfortable, I will feel very much oliliged if you will be good enough to contradict the rumour, should it come to your ears, on :?/£y«-b-4 ^ou/aU:/'A^- PARENTAGE AND DESCENT 47 my authority. I rather conjecture it has arisen from the sale of some copyholds of mine in Norfolk. I sail for Gibraltar in June, and thence to Malta when, of course, you shall have the promised detail. I saw your friend Thornhill last night, who spoke of you as a friend ought to do. Excuse this trouble, and believe me to be, with great sincerity, Yours affectionately, Byron. One wonders, in reading his letter, whether the noble bard remembered two of the lines in the verses he had sent to Mr. Lowe's kinsman : — • Deceit is a stranger as yet to my soiil, I still ain unpractised to varnish tlie truth. It should be added that the poet actually sold Newstead in 1811. The rector of Bingham, it will be seen, was a leading country gentleman as well as the priest and pastor of a rural flock. He was a keen sportsman and above all a mighty hunter. The eldest son Henry, afterwards Mr. Sherbrooke of Oxton, would often ride to cover with his father ; and sometimes the younger son, Eobert, notwithstanding his semi-blindness, would be permitted to do the same. So strong, indeed, was his inherited love of sport that he would, in his father's absence, take one of the hunters from the stables on the sly and scour the country on his own account— a grave offence, and, if discovered, visited with condign punishment. The following rhymes, still remembered in the county, give us a glimpse of the rector's reputation as a local Nimrod : — Next little Bob Lowe, on his little brown mare. Comes nicking across with all possible care. On her he rides steady ; but when he rides Stella, No man in the hunt can be his playfellow. (And of his cousin, Mr. Sherbrooke) : — Who is it that rides at that hedge there full slap ? 'Tis Sherbrooke, I see, by the cut of his cap. Sir Calidore clears it, top binding and all. And ne'er puts his rider in mind of a fall. {Notts Hunting Song. By the Hon. Philip Pierrepoint.) 48 LIFE OF LORD SHERBROOKE But there was another and a more serious side to the character of the rector of Bingham. Like his famous son, he was an independent thinker and a social reformer ; yet withal an intrepid upholder of law and order and a strong hater of the domination of the unfit. In his own county of Nottingham and in his parish of Bingham, the Rev. Eobert Lowe put into force the main principle of the Poor Law of 1832, years before that measure was passed and esta- blished throughout the country. This was in the year 1818. Some dispute as to the priority in this matter of Bingham and Southwell having arisen in later years, Mr. Lowe set the matter to rest by a very vigorous letter addressed to the Eev. J. T. Becher, who was also the magistrate of the latter place. Mr. Becher, unlike the rector of Bingham, was in the habit of publishing his views on social reform, and his efforts to ameliorate the condition of the rural labourers are known and recognised to this day by our foremost economic authorities. In that admirable little work, Mutual Thrift, by the Rev. J. Frome Wilkinson, an account is given of the ' Becher Clubs ' and the ' Southwell Tallies,' both of which were instituted by this energetic clerical magistrate and social reformer. The following letter, however, clearly shows that Mr. Becher should at least share his honours with his equally active and vigorous relative of the neighbouring parish : — The Rev. B. Loive to the licv. J. T. Becher. Cuckney : April 4th, 1834. My dear Becher, — I read your ' Anti-pauper System ' (for which I beg to thank you) on my road here. I never read it before, and I congratulate you on having written so very useful and convincing a pamphlet. I am no apologist for the misrepresentations of Mr. Cowell, for misrepresentations they certaiidy are ; but I have always, in charity, supposed, as he took his notes on scraps of paper, tliat he had mixed those relating to Bingham with his other papers, and in severing them again had substituted his remarks on some other parish for those on mine. But be that as it may, I couie to liis justification in asserting that the system of forcing independence upon paupers by means of PARENTAGE AND DESCENT 49 a workhouse was begun at Bingham and afterwards mtroduced at Southwell. This is no very difficult task, because he had that information from me, and had it confirmed, I have no doubt, by Mr. Nichols ; whatever blame, therefore, attaches to that statement rests Avith me. I entirely exonerate him and thus defend myself. The system of forcing able-bodied paupers to provide for themselves tiarough the terror of a well-disciplined workhouse was begun at Bingham in 1818 ; a few years after its establishment, and when the effects of the system became known. Captain Nichols talked to me very deeply upon the subject, and, I think, came to Bingham to see what we had done. He was very much pleased with the simplicity of the principle and said that he was appointed overseer of Southwell, where he wished to introduce the same system. He told me also of his intention of publishing a pamphlet upon the subject and urged me to write one instead. My object loas jMrochial utility not public apijlause, and I declined. He afterwards frequently consulted me and asked my advice upon difficulties as they arose, and we had the fullest communication upon this subject, so interesting to both of us. He one day told me, in very bad spirits, he was afraid that all his trouble was thrown away ; that you opposed him and this system so powerfully, and as a magistrate so effectually, that he despaired of doing any good and of making the system work, as it did at Bingham. My reply to him was, that no good could possibly be done under a hostile magistracy, and I advised him either to attempt to bring you over to his opinion as to the management of the poor or to establish a select vestry, as a dying struggle. You afterwards, however, co-operated with him and the system has been con- ducted to its present results, most advantageously to the country, and most honourably to you and all the parties concerned. I think you cannot be surprised if Mr. Cowell heard from me that the Workhouse System as now practised at Bingham, Uley, Derby, Southwell, and many other places, was first in operation at Bingham and was afterwards introduced at Southwell. I know that you had a workhouse at Southwell before 1818 and so had we at Bingham. I know also that they were both of them infamously managed, without any discipline or control, and that the inmates of that at Southwell used to kill their time by the amusement of fish- ing in the Greet. A w^orkhouse is not discipline though it is necessary to it ; but as you yourself begin your tables at the year ending Lady-day 1821 and state the expenditure of that year to be 2,254L, which sum in the year ending at Lady-day 1824 is reduced according to the table to 1001., it is quite evident that you fix the date of the commencement of the Anti-pauper System at Southwell incontrovertibly at 1821 ; but you insinuate in your letter that the VOL. I. B 00 LIFE OF LOED SHEEBROOKE Anti-pauper System, established at Southwell in 1821, is essentially different from that established at Bingham in 1818. I see no difference in the prmciple at all. One definition will include both. It is a system by which able-bodied paupers are forced to depend upon their own exertions by the agency of a workhouse, the same as that adopted at Uley, with which you claim affinity ; and it is mentioned by Captain Nichols as based upon the same principle as that introduced by him at Southwell, where it is now flourishing under your able management. The only difference I see upon reading your pamphlet is in the details, some of wliich if I were acting on a greater scale I should adopt, but I am so fond of simplicity and of acting by general rules in imitation of Divine Wisiom, that I hate exceptions, or anything which throws the principle upon which I stand into obscurity ; and minute detail Avould be quite impracticable in a single parish managing its own poor. We are both, however, acting upon precisely the same ■principle ; and if you were to divert the system of my principle, you must strike out the word ' anti ' from the name you have given it, and then what remains of the name would exactly describe what would remain of the system. I am quite ashamed to write so much on the subject of self; it is an odious subject, but I am driven into a corner. I cannot but avow what I said to Mr. Cowell, and I cannot but justify myself in saymg it. Wliilst, however, I claim priority in point of time, I by no means claim priority in point of merit. Yours is the palm of ha\"ing extended the system over an immense tract of country, and of having published it to the world in the most con\'incing form, and 1 -willingly resign it ; whether you came in at the first, second, or third watch, you have watched well and deserve the thanks of your country. I am very sincerely yours, Robert Lowe. It will be seen from this letter that the rector of Bingham distinctly laid claim to the i)aternity of the principle on which the new Poor Law of 1834 was based. Lord Sherbrooke always asserted that his father was the author of that measure which was really founded on the workhouse experiments made by himself in the first instance, and afterwards by Mr. Becher and others, in the county of Nottingham. We have perhaps advanced in the matter of social economics since the time of the Piev. Eobert Lowe ; and, also, we live in a time of PARENTAGE AND DESCENT 51 loose socialistic theories propagated by sentimental literature. It would be easy enough to ridicule the notions of the rector that the paupers of Southwell were doing harm by practising the gentle art of Izaak Walton in the local stream. Let us turn to the pages of that Liberal but thoroughly sober-minded historian Dr. S. E. Gardiner, and we shall then see what the evils were which Mr. Lowe strove to remedy, not without a certain measure of success. The Poor Law as it existed (i.e. before 1834) was a direct encouragement to thriftlessness. Eelief was given to the poor at random, even when they were earning wages, so that employers of labour preferred to be served by paupers, because part of the wages would then be paid out of the rates. The more children a poor man had the more he received out of the rates, and in this and in other ways labourers were taught that they would be better off by being dependent on the parish than by striving to make their own way in the world ... By the new Poor Law passed in 1834, workhouses were built and no person was to receive relief who did not consent to live in one of them. The object of this rule was that no one might claim to be svipported by others, who was capable of supporting himself, and residence in the workhouse, where work would be required was considered as the best test of real poverty.^ In even stronger words, the evil of the old Poor Law and the benefits that followed on the Act of 1834, with regard to national as well as individual thrift, is shown by Mr. Frome Wilkinson, one of the latest and best authorities, in his work previously cited. Doubtless, like all human devices, the ' Workhouse system ' was liable to abuse ; and some relaxation in the matter of out- door rehef was found necessary. But the principle — despite Lord Beaconsfield's sentimental dislike of it — was essentially sound. It was but natural that the Eev. Eobert Lowe should, after 1834, have a great deal of correspondence with the new Poor Law Commissioners. One of the most interesting of these letters was written from Ireland by Mr. Edward Gulson, in 1839. ' A Student's History of England, p. 911. S. B. Gardiner. 52 LIFE OF LORD SHERBROOKE This gentleman had previously acted as assistant Poor Law Commissioner in Notts and Lincolnshire, and was regarded at head-quarters as one of the ablest of officials. Mr. Gulson was, in fact, specially selected to go to Ireland to divide that country into 'Unions,' under the Poor Law Act; and in writing to Bingham he gives a graphic picture of the condition of the country, and winds up by cordially inviting Mr. and Mrs. Lowe and the young ladies to the romantic shores of Piostrevor. Ireland, like the poor, is always with us, and Mr. Gulson's letter will be read all these years after it was written with considerable interest by serious-minded public men (see Ap- pendix). The perusal of such letters shows plainly that the rector of Bingham was looked upon, not only as a very intelligent correspondent, to whom it was a pleasure to dilate on public matters, but as a leading social reformer in his county. The following brief letter is hardly likely to find favour with some of the moving personages of our day ; but it is informed with the true Lowe spirit, and might have been written by Lord Sherbrooke himself. It is from the rector to a lodge of Oddfellows with which he had been associated : — Bev. B. Loive to the Oddfelloivs. October, 1832. Gentlemen, — I became a member of your lodge upon the oft- times repeated assurance that you were associated solely for the purposes of benevolence and that you had no concern with politicks in any way whatever, either directly or indirectly. Circumstances have now arisen which e\adently show that I have been misled, and I beg you not to consider me any longer a member of your Union. I understand that you espouse my own political opinions, but I deem all Unions of every kind upon such subjects fraught with so much danger to the State, so much inconvenience to the public, and so much mischief to the members themselves, that I can never consent, ardently as I am attached to my own principles of liberty, to further them by such means. I am, Gentlemen, Your obedient Servant, KoBEKT Lowe. PARENTAGE AND DESCENT 53 The rector of Bingham had yet another gift over and above his active, well-knit physical frame and his clear and powerful intellect. He had the artistic sense, and would quote and linger over the lines of the poets whom he loved in a way never forgotten by those who heard him. Almost to his dying day Lord Sherbrooke would recall the impressive manner in which his father read the Lessons in the village church, and many friends will remember how he would reproduce the tones of the voice. Above all, he never forgot his father's manner and intonation in pronouncing the Blessing. ' It was beautiful,' he would say, ' simply beautiful.' Such, briefly, was the Eev. Eobert Lowe of Bingham ; by no means, it is to be feared, an ideal clergyman to this genera- tion. To the devoted followers of Dr. Pusey belongs the distinction of removmg the huntsman's coat from the back of the higher-class English rural clergy. With the diffusion of the sacerdotal doctrine, it was felt that a body of men, so specially set apart for sacred duties, should not join in the ordinary sports and recreations of the laity, especially if a distinctive dress was de rigueur. It may be admitted that, with keen and enthusiastic natures, there must always be a danger of a favourite pastime becoming a passion ; and doubtless the clergy can find nobler work to do than hunting, shooting, and fishing. But under the new dispensation there has also disappeared too often the wise and intelligent interest in social problems, the rare and exact scholarship, the old- world courtesy and good breeding. It is the loss of the first of these that is most to be deplored in an age of rash experiment and confident ignorance. There is no doubt that the English clergy now-a-days, especially in the cities and towns, take a stronger personal interest in the well-being of their poorer fellow-creatures than ever before ; but the interest is too largely either professional or sentimental. It needs the appli- cation of broad and general principles, and the patient investi- gation of cause and effect, to solve our complex social problems : 54 LIFE OF LORD SHERBROOKE mere sentiment, however charming and touching, can never go far. It may be a minor point, but the utterly incompre- hensible way in which the magnificent language of the Liturgy is too often, now-a-days, gabbled through cannot but make us regret the fine reading of an earlier and a more sturdy race of men. To go back to the preceding generation. Lord Sherbrooke's grandfather, Eobert Lowe of Oxton, High Sheriff of Notts (1802), was likewise a man of light and leadmg in the county. In the marvellous archives of the British Museum may be found a thickish pamphlet entitled ' General View of the Agri- culture of Nottingham. By Robert Loice {of Oxton).'' This was originally published in 1794, but, unlike the majority of pam- phlets — not on party politics or partisan theology — it ran into a second edition, and was re-issued in 1798. No one can glance at its pages and the accompanying map, showing the soils, &c., of the county, without recognising that its author was a man of knowledge and capacity. A large silver salver is still preserved in the famil}', which was presented to Eobert Lowe of Oxton by the bank at Newark * for an obligation not to be surpassed ' : he had guaranteed them 120,000/. during a financial panic in 1803. The Lowe family, who came originally from Cheshire, had been for some generations settled in Nottinghamshire and seem always to have been people of standing and substance. In the reign of Queen Anne, the first instance of * bounty ' was a present of as much timber to the chapter of Southwell by Samuel Lowe (Lord Sherbrooke's great-great-grandfather) as was necessary for the building of a vicarage house. The only other which appears on record is a contribution of 500Z. by the Duchess of Newcastle. It was this Samuel Lowe's son who married Elizabeth Sherl)rooke, one of whose sons was the father of the rector of Bingham. It is commonly held — perhaps erroneously — that dis- tinguished men owe more to the mother than to the father. PARENTAGE AND DESCENT Qo We have seen that Lord Sherbrooke's father, though he was no doubt far from popular with the evil-doers and the wastrels of Bingham, was a notable man, with aims and energies far beyond the reach of ordinary persons. His mother was a woman of singular refinement, grace and charm. She was a good and affectionate mother as well as a beautiful and attractive lady of the rectory ; and beloved by all. A writer gives the following picture of Prebendary Lowe and his Family at Southwell : — ' Long ago we remember, in the old vicarage drawing-room after a dinner-party, examining the face of a tall boy on the verge of manhood, who sat in a corner, with his face towards the wall, in a room which, though lighted up for company, was dim then in comparison with the lights of the present, and saw with wonder that in the almost darkness, the object of our curiosity was deeply engaged in a book he was reading. That boy was the present Lord Sherbrooke ; his father was then in Residence, and his beautiful dark-eyed mother made it even more strange that two of her children should be albinos. The Prebendary himself and all the other members were a remarkably handsome family.' The present rectory of Bingham is much altered from what it was in Lord Sherbrooke's childhood ; but the old mulberry-tree on the lawn is still standing, round which he and his brothers and sisters used to play the parts of the heroes and heroines of the Waverley Novels. Fifty years afterwards, when one of these children of the rectory was Chancellor of the Exchequer, he made the following reference to the favourite author of his boyhood, in a speech delivered at Glasgow when he was presented with the freedom of that city : — ' Long before I had the privilege which this honour confers, I belonged to that generation whose youth was fed with the Waverley Novels. I had the pleasure and privilege of reading most of those novels as they issued from the press, causing a literary excitement and delight that nothing which 56 LIFE OF LORD SHERBROOKE has been given since has in any way equalled, and nothing, I venture to say, is ever likely to surpass. To us, the youth of that far-away time, Scotland was a fairyland — the Arcadia of our dreams ; and our aspirations were to visit and see the spots that the Wizard had made his own and our own. From that time, whenever I had the opportunity, I always spent my holidays in Scotland. My affection has been a disinterested one, for I have neither the power nor the will to make war on your deer, your fowl, or your fishes.' There is a picture of the garden and orchard at Bingham by the late Alfred Miles, the well-known artist, whose father succeeded Lord Sherbrooke's as rector. Among the earlier rectors was the father of Sir Christopher Wren, and also Archbishop Abbott, Laud's predecessor at Canterbury. As already stated, Mrs. Lowe was the daughter of the Eev. Keginald Pyndar, who was of the family of Pyndar of Duffield in the county of Derby. The name of this family occurs in the list of gentry in the time of Henry VI. Eeginald Pyndar of Duffield was sheriff of the county in 1684. Either he, or his son, removed to Kimpley in Gloucester- shire. Eeginald, the representative of this family, who died in 1788, had taken the name of Lygon on succeeding to the estate of Madresfield in Worcestershire. His son William was in 1816 created Lord Beauchamp of Powick, and in 1815 Earl Beauchamp and Viscount Elmley. He died in 1816 and was succeeded by the late Earl. We have here an explanation of the oft-quoted remark of the late Earl Beauchamp, who at the time of Eobert Lowe's great anti-reform speeches, when his name was on every tongue, used to refer to him as ' My distinguished kins- man.' The Irish branch of the Bechers were also kinsmen of the Lowes (see Pedigree). The Eev. Eeginald Pyndar, Lord Sherbrooke's maternal grandfather, seems to have been of the same type of vigorous parson-magistrate as was the rector PARENTAGE AND DESCENT 57 of Bingham. The Pyndars are of the same family also as Sir Paul Pindar. Few men of good birth ever took less personal interest in questions of lineage and the intricacies of pedigrees than did the late Viscount Sherhrooke. Not one single particular of his family history here set forth was obtained directly from himself. The only ancestor to whom he refers in the preced- ing memoir is the feeble lampooner of Archbishop Laud. Strange to say, the most complete family tree hitherto published of the Lowes and Sherbrookes will be found in a huge tome compiled by that sturdy and uncompromising Eadical, the late Mr. Peter Taylor, for years Member of Parlia- ment for Leicester. The work, which was ' printed for private circulation,' is entitled Some Account of the Taylor Family ; and in it he has traced the pedigree of every family directly or indirectly connected with his own. It is stated that when Mr. Taylor offered to present Lord Sherbrooke in the Lobby of the House of Commons with his handsome but bulky book, he was amazed to be met with a blank refusal. Had the work-harassed statesman been able with his dim eyes to recognise that his refusal caused pain and mortification to a very worthy if inconsistent man, he would have been the last to decline or disdain this ponderous gift. Who knows but that he may have suspected the unsolicited volume would be followed by a deputation desirous of dipping its hand in the public purse ? For the series of Pedigrees to be found at the end of the second volume I am indebted to Mr. Topham Hough, himself a kinsman of the late Lord Sherbrooke. Apart altogether from the interest of these pedigrees to students of genealogy, those of the Dabridgecourt and Becher families disclose two remark- able facts concerning the kin and ancestry of Lord Sherbrooke of which he was not, I think, himself aware. Eobert Lowe was the thirteenth in lineal descent from John Hampden, of 58 LIFE OF LOED SHERBEOOKE Great Hampden, Bucks, the progenitor of the ever memorable John Hampden and John Pym. The hterary reader will surely be interested to learn that William Makepeace Thackeray and Piobert Lowe were of the same kindred ; while to the historian and the politician it will be even more attractive to find that John Pym, the great Parliamentarian, who curiously enough represented Calne in the House of Commons in the time of the ill-fated Charles I., was a kinsman of the most distinguished representative of that borough in the more tranquil and happier reign of Queen Victoria. It is a curious and interesting fact that the ancient family of Dabridgecourt, which came into England with Philippa of Hainaultand established itself at Strathfieldsaj'e in Hampshire, with branches in Warwickshire and Nottinghamshire, and which is now, so far as can be ascertained, extinct in the male line, produced in the seventeenth century John Pym, and in the nineteenth century William Makepeace Thackeray and Piobert Lowe. The Dabridgecourts, one of whom was a Knight Founder of the Order of the Garter, were lords of Strathficldsaye for nearly three hundred years. From the Dabridgecourts the estate passed by purchase to the Pitts, from whom it was bought by the nation early in the present century for the great Duke of Wellington. Two other distinguished kinsmen of Eobert Lowe may here be mentioned. The one eminent as a statesman and man of affairs, making a great figure in Irish history; the other eminent in the world of science and thought, a sagacious seeker after knowledge, and philosopher. Through his descent from Pilchard Boyle, Archbishop of Tuam, Lord Sherbrooke was related at once to Eichard Boyle, the ' great ' Earl of Cork, and to his not less famous son Eobert Boyle, one of the Fathers of the Eoyal Society. 59 APPENDIX TO CHAPTEK I Ireland and the Poor Laiv. Kostrevor : December 5, 1839. My dear Sir, — I think you will perhaps like to know how we are going on this side the Channel, and I have great pleasure in thus reminduig you that I have a lively remembrance of the kindness I have experienced at your hands, and of the pleasure I have had in my friendly intercourse with your family, I believe I may safely say we are getting on well and rapidly in organising the Unions into which Ireland will be divided, I have this week completed the district assigned to my charge, my last Union is finished, and I already begin to ask myself where I shall ever form or organise another, in Scotland or the West Indies '? We have, however, very much to attend to, and it will take us many years to work out the system to its intended results, Ireland will be divided into 129 or 130 Unions, Of these 93 are already constituted. In nearly all, new Workhouses have to be erected, but as in this country the Commissioners (and not the Guardians) have this part of the business in their own hands, ive purchase the ground, lay down the plan, employ our own architect to superintend the works when contracted for. We are getting on fast in this respect and already some of my houses begin to astonish the natives. I am more forward in this district, comprising the counties of Antrim, Down, Armagh, Louth, and Monaghan, than they are in any other, for I have new houses, each for 800 inmates, partly roofed in. The population is so dense in this part of Ireland that our houses are necessarily very large. I have scarcely any Unions, though of moderate size, say eight miles round the centre, with less than 60,000, and generally 70 or 80,000 inhabitants. In the Belfast, Armagh, and Newry Unions, I am building houses to contain 1,000 each, for the population in each is above 80,000. We build cheaply in Ireland. Very excellent substantial stone houses to hold 800 are built for 8,000Z., including six acres of land, fittings Sind furniticre. The houses for 1,000 will be completed for less than 10,000Z. each, including every expense. All which I see convinces me that the Workhouse System, if lyroperly applied, will prove quite as applicable and quite as beneficial to Ireland as to England, It is true that the labouring population of this country live so wretchedly that it will be impossible to lay down any diet or rule for their food which will not be superior to that on which the poor CO LIFE OF LORD SHERBEOOKE subsist at their own homes. It is impossible for me to describe the wretched scenes I have ^^itnessed as regards the food on which the independent poor of this comitry Kve. So also by their houses. A workhouse will be a palace compared to their cabins. But they riot in dirt and filth. Cleanliness will be imbearable, and, above all, the Irish are so impatient of restraint, they have so great a repugnance to everything approaching to regularity and control, that I have no fear of their willingness to enter the Workhouses. Already I hear the beggars and mendicants declare they will never go into them, and, as far as the North of Ireland (with which I am at present only acquainted) is concerned, in the fear wliich was expressed m Parlia- ment that the Workhouses would be swamped, it is, I am sure, the last thing we have to apprehend. You are probably aware that in Ireland no valuation or assessment of j)roperty exists upon which a poor rate could be founded. We consequently have to value all property throughout Ireland and in each Union before any Kate can be made. This is an immense work, and engages very much of our time and attention, and will necessarily continue so to do for at least a year to come. Ireland is a blank in this respect. No valuation of occupations exists for any purpose whatever. If you had to value all the property in an English Union it would be a great work, but you would have officers in each parish, who would be entrusted with the duty, whilst here there are no officers of any description what- ever, since there has been hitherto no local administration of any kind. Again, in England there are competent valuers on all sides, whilst here, as no valuation has ever been wanted, we have no valuers. All is a blank as to matters of business or organisation, and we have to depend upon our own exertions and management entirely. There are advantages as well as disadvantages attending this state of things, but it only proves how little the state of Ireland is fully understood on your side the Channel. Again, the vast sub- division of land here, as compared to anything known in England, creates impediments to which, before coming here, 1 was a stranger. In one of your parishes the farms and occupations are well known and the list is short. Here the holdings are small and almost end- less. I cannot better describe this state of matters than by gi^^llg you an instance, which I have just had under my eye, and the particulars of which I have taken from the landlord's books and on the spot. I do not give it as a singular instance : it is a fair example. I must quote some one instance in order to explain, and I only take this as a common one. j\Ir. Sliirley, M.P. for South Warwickshire, has a fine and locll- managed property in the Co. Monaghan. It consists of an area of 31,000 acres, in a ring fence. Of this area, 3,000 acres are turf APPENDIX TO CHAPTER I 61 bog (for firing) and water, and 28,000 acres are arable land. Upon this 28,000 acres, 28,000 inhabitants are located, and there is not a town or village upon the estate. The people are all in cabins, or small houses, dotted in every direction over the land. They do not strike the eye in the distance when looking at a large surface, as an English eye might imagine, for most of the houses are made of turf and are covered with grass sods, or straw grown green, and, therefore, are so much the colour of the land that you scarcely see them. But to go on with this estate. From the 28,000 acres, Mr. Shirley derives a nctt rental of 24,000Z. per annum, and the estate is not highly rented. He has no less than 4,000 direct tenants letting land and paying rent, and consequently, on an average, they only pay Ql. per annum each, and yet at the present moment there is not 150Z. arrear upoji the tohole estate. The 28,000 acres are, therefore, divided between 4,000 tenants, every holding has to be valued separately, and in Ireland rent is no criterion of value ; rent depends upon the kind of landlord under whom tenants live, upon the fact of whether the land is sublet, once again di\aded, and sublet twice, and so on till the nominal rent may be five times the real value, and the real rent just what can be ex- tracted from the poor tenant beyond his own bare subsistence. Of the 28,000 persons located on Mr. Shirley's 28,000 acres, 20,000 are Roman Catholics and 2,000 are Protestants of all denominations, and I may add there is neither a poUceman, a constable, a soldier, nor a magistrate upon the whole property. What think you of the picture ? I wish, however, to tell you that, as far as my observation ex- tends, I have found the principal landed proprietors of the North of Ireland a benevolent, kind, well-intentioned, and, in public opinion, a much injured class of gentlemen. It has been too much the custom by those who are strangers to the circumstances under which the landlords are placed to decry the landlords of Ireland as a hard- hearted class of men, who had little consideration for those around them, I assure you I think just the contrary ; for whatever my opinions might have been before I better understood the condition of the country, I certainly must give them as a body the credit of doing- all in their power to better the condition of their tenantry. They are, however, the creatures of circumstances far beyond their control. What can Mr. Shirley do with his 28,000 people ? To turn them off would be to turn them to starvation, and, by the bye, it is more than his or his agent's life is worth to turn a tenant out whilst he pays his rent. 62 LIFE OF LOED SHERBEOOIvE There is a combination, the fruit of circumstances and years of mismanagement of former days, which is beyond the law as regards the tenure of land, but in tJds respect only, and if a man does not pay his rent, he forfeits the protection which would be otherwise afforded him. The original error for which most of the landlords of Ireland are now paying so dearly, and as far as I can see without remedy, was created by the gross and abommable perversion of parliamentary influence to private purposes. That man who could make most 405. freeholders, could best demand favours from the Ministers of the day, and time was when upon this very Shirley Estate, 2,500 freeholders were taken up to the poll like a flock of sheep. There they and their families now are, the day of reckoning has come, and though Mr. Shirley is one of the most benevolent of men, spending money without limit in educating the people — letting his land lower than any landlord about him, affording every possible assistance towards improvement — yet such is the picture which his estate affords. You ^\dll be pleased to hear that a vast change has taken place in public opinion as regards the Poor Law for Ireland. When I first came to this part of the country I found the greatest possible mistrust, misconception and objection to exist against the measure. I remember when I was last at your house and about coming to Ireland, that we expressed ourselves rather at a loss why I was directed to the North. I soon found out. Every man was opposed to the law ; from the North the great opposition in ParUament had emanated. But I assure you I now do not know where to find an opponent. Without reference to party or religion, I am assisted cordially and heartily by all. Every gentleman lends a helping hand. There are no steady, business-like men as in England — there has been nothing hitherto for them to do in public matters — but from Lord Rodcn, who is one of my chairmen, and with whom and his Lady, Mrs. Gulson and myself have been staying at one of the most beautiful places which Nature can produce, TuUymore Park, to the Catholics amongst whom I have many esteemed friends, I now find but one opinion — that the measure will do great good and will in time work out great practical improvement in the state of society. The amount of rate will, I feel confident, be light, as it always must be when the Workhouse system is strictly adhered to, and pro- perly managed. It will not in Ireland amount to Is. in the £., one- half of which the landlords, and the other half the occupiers, pay. In this part of Ireland it will not be so much — in the poorer districts perhaps rather more ; though I doubt if anywhere it exceeds Is., including all establishment and other charges. Every man now APPENDIX TO CHAPTER I (53 holding land gives away far more than this to the mendicants and others ; they all now feel that the measure will be a great relief. I wish you would come and see us ; we live in a beautiful spot, Rostrevor near Newry. The sea is before our windows, bounded by mountains 2,000 and 3,000 feet high. At any rate we could show you much that is new, and variety without end. Excellent steam packets leave Liverpool three times a week for Warren Pomt, near Newry, withm two miles of our house, where we would meet you. We have plenty of room, and we much wish you would bring Mrs. and the Misses Lowe, in whose society I have spent many hours on which I look back with the greatest pleasure. I expect Lord Worsley over in the Spring salmon-fishing. We have to go to the extreme North and West of L'eland for it, and to rough it occasion- ally, but we catch great numbers there. At Ballina, 2,000 fish, salmon and trout, are taken out of the river every morning. At the Giant's Causeway we saw them in shoals and caught some, but the weather was too fine. I cannot conclude this long, straggling, and perhaps tiresome letter, without most sincerely thankmg yoa for your great and con- tinued kindness to my brother-in-law, Mr. Massey, who, I can assure you, is very grateful for your goodness to him. If Mr. Henry is with you, pray remember me kindly to him ; tell liim of the salmon and assure him I shall be very much delighted to see him here and to take him amongst ' the finest Pisintry in the world.' I hope both he and yourself will try to contrive it. The passage is only fourteen hours from Liverpool, and the ladies must not be left behind. Pray give Mrs. Gulson's and my kind regards to them, and Believe me, my dear Sir, Yours most truly, Edward Gulson. Eev. Eobert Lowe, Bingham Eectory. We hope to get a good Act this Session for England, and a good Vagrant Law for Ireland. C4 LIFE OF LORD SHEEBROOKE CHAPTEE II CHILDHOOD AND SCHOOL-DAYS (1811-1829) ' The child,' Wordsworth tells us, ' is father of the man.' Lord Sherbrooke, who was not even the eldest member of the Lowe family, seems to have begun his law-making in the nursery. The children of the Bingham rectory, in the order of their ages, were : — Ellen Pyndar Lowe. Elizabeth Agnes Pyndar Lowe ; born, 1809 ; died, 1860. Henry Porter Lowe (afterwards assumed the name of Sher- brooke on inheriting the estates) ; born, September 3, 1810 ; died, June 12, 1887. Robert (afterwards Viscount Sherbrooke) ; born, December 4, 1811 ; died, July 28, 1892. Frederick Pyndar Lowe ; born, 1813 ; died, October 12, 1872. Margaret Anne Lowe. There was also Mary Anne Lowe, who died an infant in 1810. It seems to have struck the future Chancellor of the Exchequer and Home Secretary, that even this tiny community needed the restraints of a legal code to keep them at peace and in order. He accordingly formulated the following some- what Cromwcllian code : — Code of Laws instituted by the Lowes in Defence of their Society, 1819. {Compiled by Bobert Loiue, aged seven and a half years.) (1) That no one may take a chair when there is another person's clothes on it. (2) If a King or Queen do anytliing unlawful they must be de- throned, and another chosen by election of the people. CHILDHOOD AND SCHOOL-DAYS 65 (3) That no person or persons may fight with a brick army for any affront except about the bricks. (4) That whatever they say in a passion shall be considered as nothing. (5) That when a law is passing and the votes are equal, the ages of both parties be added up, and those that have the most gain and the law is passed. (6) That no person may laugh in Court, or fidget about, under pain of being turned out of the Society till that time next day ; and likewise that no one may have a sword at meals or make disagree- able noises at any time. (7) That when we ask any of the younger class of the Society to give their opinion on any law, that they are not told who agrees to it and who does not. (8) That no member of the Society may have a stick on Sunday. (9) That nobody may bribe any person to give their vote about any law. (10) That every law must be written on the day that it is made. (11) That no law shall be proposed on Sunday. (12) That no law shall be made after six in the evening. (13) That no person may have a book at meals. Lord Sherbrooke has told iis himself that, owing to his deficient eyesight, he was eight years old before he 'began the great business of life — the study of the Latin grammar.' In these more indulgent days, many may think this age quite young enough, while others may hold that it were better never to enter on this study at all. It is somewhat singular that Eobert Lowe should have begun the study of Latin precisely at the same age as his future most intellectual opponent on the floor of the House of Commons ; but John Stuart Mill had the advantage — or disadvantage — of having begun Greek when only three years old. In after years Lord Sherbrooke had more than one brilliant fling at the classics, and he even said irreverent things of the whole scheme of University training. But such chastisement was after all from the loving hand of a friend ; or, rather, it was the protest of a true son of Alma Mater. Despite his theories, to the end of life he was passionately fond of the classic writers, and was one of the last of the scholars among the ranks of our public men. VOL. I. F 66 LIFE OF LORD SHERBROOKE Yet the commencement of his studies seemed sadly unpro- pitious. His mother, he expressly tells us, was opposed even to his going to school, considering his eyesight a fatal barrier to all learning. His father, however, took a more hopeful view, and in any event thought it better that the boy who was so vigorous in mind and body — save for his unfortunate eyes — should take his chance with the others in the competition of the schoolroom, and the rough-and-tumble of the play- ground. Accordingly Kobert Lowe, in his tenth year, was sent as day scholar, while his father was in residence as Prebendary, to a private school at Southwell, and afterwards to an ancient grammar school at Eisley in Derbyshire, where gentlemen's sons began their Latin education. But his real education (and therefore his troubles) began when he was entered as a Commoner at Winchester. He was then fourteen years of age. Nothing can well exceed his own forbidding account of his life at this famous public school ; and reading it over one understands the fervour with which the boys on ' breaking up ' have sung from time immemorial ' Dulce Doinuni ' ! Lord Sherbrooke, in writing this description of the ^Ym- chester of his early youth, was careful to point out that it in no way applied to the Winchester of our day. The reform is generally said to have set in with Dr. Moberly and Dr. Charles Wordsworth, who were in charge of the school after Robert Lowe had left it for Oxford. Certain of Lord Sherbrooke's contemporaries at Winchester have given almost as gloomy a picture of their school experiences, notably Mr. T. Adolphus Trollope in his very interesting reminiscences, What I Remem- ber ; and his younger brother, the late Anthony Trollope, who, however, is even more severe on the Harrow of Dr. Butler, to which school his erratic parents sent him after he had been three years at Winchester. Anthony Trollope's greatest enemy at Winchester was his own brother, who, I presume, occupied CHILDHOOD AND SCHOOL-DAYS 67 that singular post of prefect, for he tells us that ' as part of his daily exercise he thrashed me with a big stick.' It is perhaps only fair to Winchester to bear in mind that at that time the other great public schools were quite as bad. It is amusing to compare the hard life of the young gentry of England, forced to go to Eton, Harrow, or Winchester in those years, with that of the petted ' gutter-child ' in the Board School of to-day, whose sacred person must by no means receive chastisement, whatever his offence may be.' Anthony Trollope's misery at Harrow was even more intense than at Winchester. Then there is the story of the famous Dr. Keate of Eton flogging a dozen innocent boys, who w^ere sent up not to be physically punished, but to be prepared for confirmation. It was a Spartan time ; but in thinking with a shudder of the brutalities of Winchester in 1825, let us not forget that three of its boys rose in after life by sheer force of ability to be Cabinet Ministers and peers of the realm — Eobert Lowe, Viscount Sherbrooke ; Edward Cardwell, Earl Cardwell ; and Eoundell Palmer, Earl Selborne. Another complaining AVykehamite of that period — Tennyson's ' most generous of all Ultramontanes,' William George Ward, passed through its iron tyranny apparently unscathed ; for, at Oxford, he dis- played such vivacity of mind and vigour of body, that he fairly worried his nominal master, Newman, into the Church of Eome, and his favourite pupil, Clough, into Infidelity. Nor can either of the Trollopes be regarded as a broken reed — Who was more constant at the desk or eager in the hunting field than the ' ' It is very satisfactory to find that a summons against a London Board schoolmaster for whipping a boy has been dismissed. There was no suggestion that the punishment was unreasonable or excessive, and the summons was merely taken out because the boy had for absenting himself from school received two canings on two different days. The boy said he did not like going to school, and his mother supported his view. It is simply another effort to enforce one law for the rich and another for the peer. If the headmaster of a public school were to be summoned every time a young gentleman was '' swished," we should be told that the boys of the upper classes were becoming effeminate.' — St. James's Gazette, October 1892. F 2 68 LIFE OF LORD SILERBROOKE author oi Bar Chester Towers'? In the whole range of modern men of letters, can we indeed point to a more typical, sturdy Englishman than Anthony Trollope, unless it be his brother, who, in his eighty-third year, is the most distinguished of Anglo- Italian publicists, and still looks out on this fascinating world with the intelligent, ever-inquiring eye of the scholar and the thinker.^ Nor does this by any means exhaust the list of eminent Winchester boys who passed through the school during this dark hour of anarchy tempered by flagellation. There was also among the contemporaries of Lord Sherbrooke, Tindal, afterwards Chief Justice of the Common Pleas ; and shortly before his time, in 1820, there entered a yet more distin- guished scholar, Christopher AYordsworth, afterwards Bishop of Lincoln, one -of the great ornaments of the English Church of the nineteenth century. It is plain that neither the tyranny nor the mismanage- ment under either Dr. Gable or Dr. Williams, in any way injured or weakened these illustrious Wykehamites. In read- ing Lord Sherbrooke's account too, it is only fair to remember that his physical infirmity would have made any form of public school-life irksome and in a measure dangerous. Mr. Adolphus Trollope bears testimony to the fact that while his old schoolfellow was 'respected, he was not liked,' simply be- cause he could not take part in the rough games of the play- ground. To a boy of Eobert Lowe's great vigour of body as well as of mind, with his consequent high health and good spirits, this must have been no slight deprivation. At Oxford, where there was boating, at which his preternaturally short sight was no great drawback, he became one of the strongest of oarsmen. In a letter of condolence on the death of his famous schoolfellow, Mr. Adolphus Trollope writes to the present Viscountess Sherbrooke — ' Thomas Adolphus Trollope died at Clifton, November 11, 1892, while these pages were passing through the press. CHILDHOOD AND SCHOOL-DAYS 69 July 30, 1892. My recollection of him after the sixty-five years — or thereabouts • — that have passed is as perfect as on the day after I last saw him. I can recall every trick of his manner, his voice ; and could put my finger on the spot in the schoolroom where I last saw him standing. There are, of course, but few of our contemporaries remaining ! There is Lord Selborne ; the Warden of New Coll., by whose side I dined the other day, and perhaps half a dozen country parsons^ sprinkled— as salt — over the country. This brief reminiscence will form a prologue to the follow- ing tribute to the memory of his old schoolfellow and his oldest friend, which Lord Selborne has been good enough to write for this chapter. Not only are these reminiscences of Eobert Lowe at Winchester interesting in themselves, but with regard to the school itself, they show, as it were, the other side of the shield. Lord Selborne writes : — ' My knowledge of Robert Lowe dates from November 1825, when I first went to school at Winchester, being then thirteen years old. He was a year older, and had come to the school only two months before. I was placed next to him at the bottom of the form (senior part of the fifth we called it), next to the highest. There was in that, and in the higher form into which we passed in due course of time, no change of places ; so Lowe and I continued, until he left in the summer of 1829, always to sit together at lessons. We also slept in the same room during great part of the first three years, and in these ways we were thrown very much into each other's company. This was a good thing for me, for we were both ambitious, and there was a useful and always friendly rivalry between us, especially in verse exercises ; Latin composition (and sometimes English also) being much cultivated in those days, and being an almost certain road to the honours both of the school and of the Universities. ' Each of us may have done something to sharpen the other's wits, but I think the balance of obligation, and of the risk of 70 LIFE OF LOIIU SIIERBROOKE taking things too easily if there had not heen such a stimukis, was on my side. Now and then we agreed to have special competitions with each other in particular exercises, and neither of us was unwilling when he thought the other had the superiority, to acknowledge it. * Lowe was not a boy with whom successful rivalry was possible without a continual effort, and he certainly did much more to keep me up to a high standard of exertion than any- body else. ' He had the drawback of a nearness of sight so great that he could not read without bringing the book close to his face, so as almost, if not quite, to touch it, and he could not write with ease. I remember an epigram of his on " Sleep " (such epigrams, called " Vulguses," were among our tasks on several days in the week), in which he described his own experience of the consequences of lying in bed too long hi the morning, as we both sometimes did. It ended : — Scribenduui est, pigro scribendi ferre laboreiu, Et servanda mese terga dolore manus. Talia si fuerint tua munera, perfide Morphea, Liimina linqiie, oro, nostra — vel usque tene. This difficult}^ of sight was not only against him in school work, but it disqualified him from entering into school games and athletics, in which he might otherwise have been likely to excel, as he learnt to do, notwithstanding it, in swimming ; and it might have stood in his way, if he had been obliged to repel by his own strength any rough usage from his schoolfellows. Boys are not apt to be considerate in their treatment of each other, and I have no doubt he had his share of trials at Win- chester, but I think upon the whole he held his own as well as most of us, and was never very roughly handled. ' This may have been partly due to the impression made by his force of character, and partl,y to the feeling that, but for one disadvantage, no one would have been more capable of defending himself, or more prompt to do so ; for he had a CHILDHOOD AND SCHOOL-DAYS 71 very high sph'it and courage, and was not wanting in strength for his age. But I am also wilHng to beHeve that most of his schoolfellows, of equal or greater age and strength, would have been ashamed of taking an unfair advantage of one who could not see as well as themselves, and such as were of a meaner spirit may perhaps have been restrained by the better feeling of others. ' Still, he must have felt the strain of contending with difficulties from which his competitors and companions were free, though his pluck and energy enabled him to surmount them ; and this may have sharpened his sense of what was bad in the life and moral atmosphere, and uncomfortable in the arrangements, of the school. ' Certain it is that Winchester never obtained that place in his affections which (in spite of everything which might have had an opposite tendency) it did in my own,' and in those of most other Wykehamists. Drawbacks enough upon our comfort there undoubtedly were, for Winchester in those days was as different as possible from what it is now. The commoners, 130 in number, to whose body he and I belonged, were inconveniently crowded together in a large brick building like a barrack, and on three days in the week we were con- fined to it and the schoolroom, except for one hour before dinner. The hours and meals were not at all well arranged, and in every part of the system there was a more than Spartan austerity. ' We had, however, in our Head Master, Dr. Williams, an excellent man and thorough gentleman, of a generous and kindly nature, who taught well, and had the faculty of interesting the more active-minded of his scholars in their work. The range of teaching may have been limited in com- parison with that of the present day ; but it was effective ' See ' Lines projected and partly written, on the Four Hundred and Fiftieth Anniversary of the Oj)ening of Winchester College,' March '25, 1843. By Koundell Palmer. Annals of My Early Life, Bishop Charles Wordsworth (Longmans), p. 396. 72 LIFE OF LORD SHERBROOKE M'ithin that range, and Lowe was one of those who profited by it most. ' He became a very good verse-writer and a first-rate scholar, of the robust and tasteful, rather than the minute and technical, kind. When near the top of the school he displayed his poetical gift m a voluntary English exer- cise upon " The Music of the Spheres," which was recited by him at the public speeches then annually delivered at Easter, and which took high rank among other performances of the same kind by the ablest boys of our own and former generations. ' He was remarkable, even then, for a ready caustic wit, and for a capacity of saying sharp things, which, if they were not always pleasant (I came in for my share of them), left no sting behind. I do not remember any occasion on which we had a serious quarrel. The longer I knew him, the better I learnt to understand the generosity as well as the force of his character. * He left Winchester a year before I did ; and I followed him in 1830 to Oxford.' No one can read this narrative of schoolboy days, although written at an interval of some sixty-five years from the time and events it describes, without feeling its essential veracity. In it Lord Selborne has presented us with the brighter side of Winchester life, under the old Spartan regime. Sir Thomas Farrer, of Abinger Hull, writes : ' Some time in the fifties, Lowe, Cardwell, Eoundell Palmer, and Henry Halford Vaughan dined with me together. The talk fell on Winchester, and it was characteristic of the men that Eoundell Palmer, with true esprit de corps, stood up stoutly for his old school ; while the others, and especially Lowe and Cardwell, abused it as a coarse, brutal, cruel school.' Winchester is now, like all our great public schools, entirely changed ; in many respects, doubtless, for the better. Bishop CHILDHOOD AND SCHOOL-DAYS 73 Charles Wordsworth, in his Annals of my Early Life, tells us in his own modest way of the work he himself did under Dr. Moberly, to soften, and, so to speak, Christianise the school. The ' discipline of the rod ' — which, however, the wisest of men thought essential in the training of youth — was practically abolished by the Bishop of St. Andrews ' while second master at Winchester. It was the recognised method of dealing with boyish offences. And no doubt my predecessor Bidding was equally * plagosus ' with his superior ' Orbilius,' Williams, who succeeded Gabell : for the second master equally with the head master had the power of the rod. It was not, I believe, unusual for him, after morning school, to castigate in that manner not less than four or five boys at a time who had been ' tardy chapel.' But I can remember when, in reply- ing to the toast of my health in the Wardens' Gallery at a Domum Festival, I had the satisfaction of stating that not a single boy had been flogged by me during the whole of the long half-year which was then ended. And certainly there had been no relaxation — biit quite the contrary — in the needful discipline of the school (pp. 236- 237). No one can presume to doubt the testimony of the good Bishop ; and all we can charitably hope is that, under its improved and more humane discipline and its wider and more enlightened curriculum, Winchester may some day again produce three such men as Lord Sherbrooke, Lord Selborne, and his own brother, Christopher Wordsworth. Lord Selborne, with characteristic impartiality, sums up what his schoolfellow really gained at Winchester. It made him (he writes) ' a very good verse-writer and a first-class scholar of the robust and tasteful, rather than the minute and technical, kind.' Lord Sherbrooke himself supplements this testimony by his grateful tribute to his Winchester tutor, Mr. Wickham. But — inorc siio — he goes further, and states that Winchester settled for him an even graver question than ' Dr. Charles Wordsworth died on Monday, December 5, 1892, at St. Andrews. The Times, in a leading article on the death of the venerable pre- late, remarks : ' Among the many eminent men who have borne the name of Wordsworth, he will be remembered as by no means the least eminent.' 74 LIFE OF LORD SHERBROOKE that of mere scholarship — ' It solved the problem as to whether I was able to hold my own in life, and proved by a most crucial experiment that I was not too sensitive, nor too soft for the business.' As to his fitness for the battle of life, there will be much to say later on. With regard to his verse-making there can be no doubt that Winchester fostered and stimulated the practice ; but even as a child at Bingham, Eobert Lowe ' lisped in numbers.' Many of his schoolboy effusions have been preserved, and nearly all are very superior to the average of juvenile verse. To his family and imme- diate friends these must possess a peculiar interest, in which the ordinary reading public can hardly be expected to par- ticipate. There lies before me now a small bundle of such verse, some written in childhood at Bingham, but most at Win- chester. One of these youthful poems arrests the attention more from the subject than the treatment. The lines are headed, Tlie Fideliti/ of the Swiss Guards to Louis XVI. ; and signed, Robert Lowe, Jimr., Winchester College, 1828. They show, as clearly as Wordsworth's later Toryism or Pitt's abandonment of his policy of Peace and Pieform, how profound was the reaction in England against the excesses of the French Kevolution. For Eobert Lowe was never a blind worshipper of the ' divinity that doth hedge a king ' ; on the contrary, he was opposed to any form of Conservatism which appeared to him to be based on traditional ignorance or innate stupidity. But his nature abhorred anarchy and lawlessness and the wild frenzy that at times seizes on mobs, usurping and over-riding reason and common-sense even in the most ancient and civi- lised communities — Red ruin and the breaking up of laws. In these schoolboy verses, in which he passionately calls upon us to do honour to the Swiss mercenaries who so nobly CHILDHOOD AND SCHOOL-DAYS 75 gave up their lives for the French King, he gives expression in four powerful lines to the prevailing political sentiment of his whole life : — Not theirs to wish to break the regal chain, To bid the many-headed Monster reign. To phinge the land in anarchy and blood For vain chimeras of ideal good. 76 LIFE OF LOED SHERBROOKE CHAPTEE III OXFORD (1829-1833) The Undergraduate — ' Union ' Debates and Classic Wit As a supplement to Lord Sherbrooke's own graphic account of his career at Oxford, the following narratives by Lord Selborne and Canon Melville may fitly open this chapter. Having already told us that Lowe left Winchester a year before himself — that is in October 1829 — Lord Selborne thus continues his reminiscences : — ' We were at different colleges not very near each other — he at University College, I at Trinity ; but we met frequently, both in the society of the place and at the " Union " Debating Club, in which we both for some time took a leading part, as did our schoolfellow, Cardwell, Tait (afterwards Archbishop of Canterbury), and others of our friends. Lowe was then, as since, a nervous, incisive speaker, always taking the Liberal side on the political questions which we discussed. There was a schism in the Union in 1833, arising out of the very inadequate cause that the set of men to which we belonged, having for some time had the predominance in the offices and business of the society, were outvoted in the election of a new president, and a clever Radical named Massie, not a favourite with us (though I know no good reason why he should not have been) was placed in the Chair. Lowe took his own line on that occasion, and supported Massie; in wliich he was, I have no OXFORD 77 doubt, quite right. But the dissentients withdrew for a term or two and formed a new society, called the " Eambler," whose debates, for a short time, eclipsed those of the Union. This, the new Government of the Union thought high treason ; and they made a motion to expel us, which Lowe supported, but which was defeated by a large majority, at a crowded special meeting, after a very lively debate. Lowe was one of the heroes of that fight ; and his prowess in it, as well as that of the other principal speakers, was celebrated in mock Homeric strain — in a jeu d'esprit of doggerel Greek called Uriiomachia, which obtained at the time some local celebrity.' Canon Melville thus recounts the story of the early academic period of Lord Sherbrooke's career : — ' Eobert Lowe left Winchester for Oxford in 1829. Unlike his schoolfellows — Eoundell Palmer and Edward Cardwell — he never held a college scholarship. But though so far seem- ingly short of their successes, the first being a scholar of Trinity and the last of Balliol, this was due to the fact that the endowments of University College were at that time con- fined to localities with which Eobert Lowe had no connection. Otherwise the three schoolfellows had careers very remarkable in their similarity and coincidence. Each attained the high- est academic distinctions. Eoundell Palmer gathered all the chief University prizes except the English essay. Edward Cardwell was a double first class man. Eobert Lowe only lost his mathematical first class through his very defective sight interfering with the clear record of his work ; his nose, as was said at the time, obliterating much which his hand had written. His classical first was well understood in Oxford to be of a high standard. The late Bishop of London, Bishop Jackson ; the late Dean of Christchurch, Dr. Liddell ; Scott, late Dean of Eochester, and others who afterwards became eminent in their several spheres, were in the same class. ' Eobert Lowe passed these examinations and took his B.A. 78 LIFE OF LORD SHERBROOKE degree in Easter term 1833. The undergraduate life was spent much as such Hfe at that time generally was. Univer- sity College, with its close foundation, was not then a literary college ; and Lowe owed his own successes to his own mental activity, not at all to collegiate aid. Indeed, so conscious was the tutor of the time of his own inadequacy to train such a pupil, that the college offered to excuse Lowe the college lec- tures, and supply him with a private tutor, if he pleased, from among those distinguished at the time as trainers for the final examination. But it was the inherent energy of his own mmd that induced study and led to its results. The three friends on one occasion started the question among themselves — what caused them to work ? Cardwell said he did not really know why he worked — he fell into the way of it — so far as he did work. Eoundell Palmer admitted that he worked to obtain the prize to which it led. Lowe said he worked from the love of the pursuit.' Mr. Francis W. Newman, the well-known surviving brother of Cardinal Newman, supplies the following quaint reminiscence of Eobert Lowe as an undergraduate : — ' When I was a young Fellow in Balliol College, Oxford, a young boy, perhaps aged sixteen, not yet of full height, appeared before us Fellows, as candidate for a vacant scholar- ship, in the close of November, probably 1830. He had white eyelashes, &c., as an albino, and his name was Eobert Lowe. He wrote a huge text like a child learning to write. His examina- tion was not such as to gain the honour sought ; that is, he had elders who surpassed him. But among others of his judges, / warmly applauded him and augured future success for him,' Canon Melville gives the following account of Lord Sher- In'ooke's connection with the famous University Debating Club — the Union : — ' The Union Debating Society was an early scene of those OXFORD 79 powers which in the future were to raise Eobert Lowe to Parha- mentary success. He was elected February 16, 1831 — after a memorable debate on a motion condemnatory of the Catholic Relief Bill — on which Mr. Gladstone spoke and carried an amendment by a majority of sixteen. Eobert Lowe's first speech was in March following, on a motion in favour of the then sj^stem of popular education. Lowe opposed this, and was joined in the debate by the late Cardinal Manning in an amendment which was carried by twenty-six. After this he was a constant speaker — notably in June of the same year — for " the gradual emancipation of West Indian slavery through the promotion of personal and civil rights and Christian education." ' May 10, 1832. — E. Lowe moved, " That all taxes on know- ledge should be done away ; " which with scarce any debate was rejected. Of the many public questions in which he took part it might seem singular that only twice did he plead for any motion — all the rest being in opposition. The decidedly Tory and anti-Liberal cast of the society at that time fur- nishes the explanation, as the one or two examples given above will illustrate.' After 1834 heavy tutorial work precluded all but very occasional presence at the Union, of which Lord Sherbrooke always preserved the liveliest recollections ; and, like a dis- tinguished contemporary and fellow -member of this far-famed debating club, he regarded it as one of the best institutions at Oxford. It has been thought advisable to add some further par- ticulars of these debates at the Union. For this famous debating society has played no small part in training our future statesmen and Parliamentary gladiators, from Mr. Gladstone himself to his latest Home Secretary, Mr. Asquith. Lowe ranked among the most brilliant of these Oxford debaters ; and no one who knows human nature will smile in disbelief 80 LIFE OF LORD SHERBROOKE or in derision when it is said that many of these debates at the Union equalled, and perhaps surpassed, the efforts of the same men in after years on the floor of either House of Parliament. For they were then in the full flush and pride of their strength and powers ; eager to investigate and solve the great problems of humanity, eager also to cross swords with every foe, and only too glad to illumine the path of all whom they judged to be misguided or in darkness. No mere paltry considerations of expediency occurred to these fresh, ingenuous minds; no sad premonition that the world would go on much the same whatever their eloquent tongues might utter. What better proof and illustration of this can we have than the case of Mr. Gladstone himself. ' Gladstone,' writes Mr. Brinsley Richards, ' was elected Secretary to the Union in 1830 and President in the following year. It was soon after this that he attacked the Reform Bill; and he spoke with such trenchant force, such overflowing conviction, that Lord Lincoln [afterwards Duke of Newcastle], transported with enthusiasm, at once wrote to his father, to say that " a man had uprisen in Israel." ' Dr. Charles Wordsworth says of this speech that it was ' better than any I heard in the House of Lords, though I followed the five days' debate in that House, and the Lords' debate was acknowledged to have been better than that in the Commons.' The result of the speech was that Gladstone was invited to stay at Clumber during the Long Vacation, and the further result was that three years later he got inducted into the Duke of Newcastle's pocket borough of Newark.' Mr. Gladstone was then, and for some years afterwards, the ' rising hope ' of the ' unbending Tories ' ; while his future Chan- cellor of the Exchequer was one of the leaders of the small but active Liberal and anti- clerical party at Oxford. Everybody has read Sir Francis H. Doyle's graphic and amusing account, ' ' Ml. Gladstone's Oxford Days,' Temple Bar, May 1«83. OXFORD 81 in his delightful Reminiscences and Opinions, of his meeting with Lowe at the Union. How Thursday after Thursday he had watched * affectionately and respectfully ' an ' old gentleman with snow-white hair, who seemed to have become a regular attendant,' and how he kept saying to himself: ' There is that dear old boy again. How nice of him to come and investigate what we are worth.' Sir Francis is careful to explain that he was himself ' as blind as a bat ' ; but having noticed the nice old gentleman he longed to know his name. The information was soon to be vouchsafed to me. Whilst the Reform debate was going on, some earnest young Tory had denounced Lord Grey and his colleagues as a vile crew of traitors. He had hardly finished, when up jumped my patriarch (it was summer term, with the boat races in full force), and in a loud and vigorous tone of voice took him to task thus : ' The lion, gentleman has called her Majesty's Ministers a crew. We accept the omen, a crew they are; and with Lord Grey for stroke, Lord Brougham for steerer, and the whole people of England hallooing on the banks, I can tell the hon. gentleman they are pretty sure of winning their race. Then it was Sir Francis Doyle found he had been ' re- vering as an old man the famous white-haired boy Bob Lowe,' This story down to his latest years used to afford Lord Sherbrooke great amusement. I have more than once heard him exclaim, ' Those are the very words I used.' One of the most memorable debates of this time was that of May 16, 1831, on the motion of Mr. Knatchbull : — ' That the present Ministry is incompetent to carry on the government of the country.' To which Mr. Gladstone moved as a rider : — ' That the Ministry has unwisely introduced and most un- scrupulously forwarded a measure which threatens not only to change the form of our government, but ultimately to break up the very foundations of social order, as well as materially to forward the views of those who are pursuing this project throughout the civilised world.' VOL. I. G 82 LIFE OF LORD SHEEBROOKE The debate was prolonged for three days, and, on a division, the Ayes were 94 — the Noes 38. Among those who took part in this debate, and honorary members of this period (to some of whom reference is made in these pages), we find the names of Palmer, Lowe, Hicks Beach, Ackland, Sneyd, Anstice, Wilberforce, Wordsworth, Doyle, Massie, Tait, Kickards, and Ward. The late Dean Church — and there could be no more com- petent judge — declared that in his time Ward and Eobert Lowe were the first speakers at the Oxford Union : ' Cardwell was equally fluent, but the effect of his speeches was injured by a touch of affectation.' With both Ward and Lowe, according to the Dean's account, there was a strong sense of the seriousness of the matters in debate ; and they raised the atmosphere of discus- sion above that of a mimic parliament — playing at ministers as boys may play at soldiers — to that of serious men discussing views known and felt in all the importance of their bearing. If the palm must be given to either, Lowe carried it off in the directly political debates.^ Lord Cranbrook — then Mr. Gathorne Hardy — recalls the fierce warfare that was waged rather later at the Union between various members and Mr. (afterwards Canon) Trevor, who led the committee an uneasy life, and was so redoubtable a foe that ' once he put Ward into hysterics.' Lord Cranbrook writes : ' No doubt some of those more active in the Union than I was will have told you of Lowe's being more than once brought back, after taking leave of its debates, that he might encounter Trevor. I remember Lowe was much struck by his ability and his clear and forcible stjde of speaking. On one occasion when Lowe had returned Trevor quoted the lines : — Now fitted the halter, now traversed the cart, And often took leave, but was loath to depart. ' The next day when I went to Lowe, he was trying to find ' W. G. Ward and the Oxford Movement, p. 22. OXFORD 83 the author. He found it to be Prior ; and we then went on with our work. Lowe was much taken with the appositeness of the quotation.' Sir .John Mowbray, the present worthy member for the University of Oxford, recalls vividly the Homeric battle between the Union and the Rambler in the October term of 1833 ; nor does he forget the great incidents of the fining of the future Archbishop of Canterbury a pound, the recollection of which was a source of humorous delight to Lord Sherbrooke to the very last : ' It was indeed,' writes Sir John Mowbray, ' a battle of giants ; is it not recorded in Greek verse in the Uniomachia, and in other lays in English ? ' So irate were certain leading members of the Union at the election of Massie, the ' Eadical,' as President (with Lowe as Treasurer), that they seceded — among them Tait, Eoundell Palmer, and Ward — and formed the Piambler. They boycotted the Union, the debates languished, and the benches were empty. Massie and his cabinet, determined not to be outdone by their anta- gonists, brought forward a motion to turn the Ramblers out of the Union. An extraordinary meeting was held at the larger room at the Star (now the Clarendon) Hotel, and there was a fierce debate. When the President was speaking, Lowe, as the next principal officer, occupied the chair. In the midst of the President's speech, Tait rose in great excitement — Tait shook his tasselled cap and sprang to ground. Lowe enforced silence and fined the future Archbishop one pound. The debate ended in the defeat of the motion ; the Ramblers carried the day. The next term (January 1834) a ministry of conciliation was installed and the feud was at an end. One remarkable fact, however, occurred. Tait appealed, after the new Ministry came in, against the fine imposed by Lowe ; but the Union confirmed the fine. In the summer term of 1835 there was again a party G 2 84 LIFE OF LORD SIIERBROOKE conflict at the Union, commonly known as the ' Trevor row,' but less famous. Caret quia vaie sacro. Trevor of Magdalen Hall, a remarkably able speaker, made a fierce attack on the Committee of the daj^ and especially on the Treasurer. The Committee demanded that the charges should be referred to a Select Committee — which was done. A strong Select Committee of older members, in which Lowe took the most prominent part, investigated the matter, and reported that the charges were without foundation, and that Trevor must withdraw them or retire from the Union, Lowe threw him- self into the fight with all his accustomed vigour, and had many a sharp encounter with Trevor, who, on his side, fought almost single-handed with marvellous ability. ' I appeared before the Select Committee,' adds Sir John Mowbray, 'as the representative of the Executive Committee of the Union, and was thus brought into very close and most friendly relations with Lowe. It was the beginning of a friendship which never failed, although it never ripened into great intimacy through life. We have often had many a pleasant chat in the lobby of the House of Commons on old Union days, to which we both reverted with delight. Our intercourse was always agreeable and never marred for a moment by any political differences.' The present Dean of Westminster writes : — ' As a freshman I remember seeing Robert Lowe at the Union in November 1840 at a famous and rather fierce debate and division as to the taking Bell's Life. I was not yet a member — fresh- men were not admitted in those days — but was taken in by a friend. * I can see him now as he was then : tall figure with white hair ; and an undergraduate friend saying in answer to my question, " That's Bob Lowe, he's come to vote for BeWs Life." And, after pointing out his white hair, adding, " he's so blind " (meaning, of course, short-sighted), " that he lost his First in mathematics because he rubbed out so much of his work with his nose." ' OXFORD 85 It will be remembered that Lord Sherbrooke, in his own accomit of the fierce battle between the Union and the Eambler, adds : ' The matter is now principally remembered by a mock Homeric poem, in the composition of which the late learned Dean Scott, a wit before he was a lexicographer, bore a distinguished part.' This effusion was called Uniomachia, and Lowe figured in it as ^skwyyovvovs. Uniomachia was the joint work of William Jackson (afterwards Prebendary of St. Paul's and rector of Stoke Newington) and Thomas Sinclair (sometime rector of St. George's, Leeds), both of St. Mary Hall. The * Slawkenberg ' notes were by Scott of Balliol (afterwards Dean of Eochester), and the English translation by Archdeacon Giles. Loive's Speech in Uniomachia Tois fiiv vvv TTpofxdxi-C^ fj.eXdyyovvos Aooet'S^? Kal a(f)e(.is (pu)Vi](jai eVfa TTTepuivra TTpocrtjvda. ' TiTTTf (f>i\ni, fxever i^oniQev ttoXv (SerTepov e'iq YVavras "y e^rreWeiv, ol (popyeTTovres eruLpovs, Kaivr]v (puppovtTLV kXv;3^j;i', lieKovTos ffiflo, AfLTTOvcriv Maaixrjv, Kai ttuvB' vpTovai 5e/3ara, QpvaTovcr eis kolXtjv prjTpos SoXiKoaKiov eyxoi, Nui" Kvdpovs TOKeacopev, iroipoi TTflires' apirrroi, TpuLTopas eKKpLPeiv' kuI KCKKovTuipev aTravTcii.^ In many a sable fold of honour drest, The great Lowides tow'red above the rest ; Before the faithful lines advancing far, With winged words the chief provoked the war : ' friends, be men ! be ours the noble boast From Union rooms to drive a traitor host. Against our sov'reign will they dare combine, Form a new club, a diff'rent club from mine ? The godlike Massie feels their jealous hate In empty benches and in burk'd debate. Accursed crew, whose ruthless hands have gored Their mother's breast with parricidal sword 1 Vote, then, my friends, and be the turncoat race Expell'd, kick'd out, in merited disgrace.' 86 LIFE OF LORD SHERBPtOOK We now come to the still more famous macaronic poem which Lowe himself composed on the visit of Queen Victoria — then the Princess Victoria — and her mother, the Duchess of Kent, to Oxford, in 1833. One very wet day in that year (writes Canon Melville) the Duchess of Kent and the Princess Victoria excited Oxford from heads to tails by a visit. Kobert Lowe memorialised the event by a very witty macaronic poem. Even yet rainy dies aderat, and the hexameter verse which worked in the then leading hostelries : — Aiisrelus aut Mitre vicinave Stella Gazellae — are not forgotten. Spite of the doggerel element of such com- positions, there was in Lowe's example such true classic ring that friends said he ought to write for the annual Latin verse Chancellor's prize. It was late in his undergraduate career, and he had never previously competed. He did, however, in that year ; and though desuetude told against him, he only lost the victory from want of that finish which prac- tice alone secures, running second to his friend Roundell Palmer. Mr. Pycroft, in his Oxford Memories, states that ' copies were sent to every part of the world where Oxford men were to be found.' Judging by the following letter, it would seem that Lord Sherbrooke, contrary to his custom, sent at least two copies of the poem himself to the sister University of Cambridge : — Robert Loioe to H. P. Lotve, Esq., Trinity Hall, Cambridge. University College (no date). Dear Henry, — Many tlianks for your letter, wliicli amused me much, especially the part devoted to the malediction you are pleased to pronounce upon the Mathematical and Physical Sciences. You will be surprised to see the parcel that accompanies this note it is a burlesque Ijatin poem, which is led by unavoidable circumstances to consider me as its author. Having been deemed worthy of the favour of the Oxford public, it is now about to make its ap- pearance in the Sister University. You and Whitley will find OXFORD 87 copies for yourselves and be able to appreciate its merits at your leisure. . . . With regard to the various philosophical treatises you propose to my acceptance, sore doth it grieve me to say that I have caused a bookseller to suffer for the amount of the above- mentioned publications, with the single exception of Miller's Hydrostatics, for which I shall be grateful by the first opportunity that offers, as I am in no immediate want of it. Tell Whitley if he has any regard for me he will write me a detailed account of his campaign in the long vacation, and how I stand in certain people's good graces. . . . Your affectionate brother, K. Lowe. Few topical skits have enjoyed so long a life. The vener- able Dr. Charles Wordsworth, late Bishop of St. Andrews, who was the tutor both of Mr. Gladstone and of the late Cardinal Manning, wrote just before his death : ' Not long ago I could have quoted several of the lines, which were clever and amusing ; and I fancy a good specimen of his gift in humorous satire. Now, I can only recall the beginning of one, Rainy dies aderat '. ' Sir John Mowbray declares that he was so delighted with Lowe's verses, that he learnt them when they first appeared, and that now, after nearly three-score years, he can quote almost the whole poem from memory. Many other distinguished Oxford men, including Mr. J. A. Froude, who calls it 'a brilliant Latin poem,' have written to remind me of it, and several have specially urged on the score of its extreme rarity, as well as cleverness, its republication in this ' Life.' Lord Sherbrooke had indeed lost his own copy ; but, fortunately, the one which he had presented to his old Eadical friend Edward Massie sixty years ago has come to hand. It only remains to add that Lowe's burlesque Latin poem was published before the amusing Greek verses, XJnio- macJiia, which have sometimes erroneously been accorded the priority : — 88 LIFE OF LORD SHERBROOKE PoEMA Canino-Anglico-Latinum Super Adventu Eecenti Serenissimarum Principum Dicite praeclaram, Musae, mihi dicite Kentae Duchessam, Princessque simul Victoria nostro Singatur versu, Conroianusqiie triuniplius, Et qiiani shoutiirunt Undergraduates atque Magistri, Et quantum dederit Vice-Cliancellor ipse refreshment. Rainy dies aderat ; decimam striliantibus horam Jam clockis, portae panduntm-, then what a rush was, Musa, velim, memores : si possis, damna recounta, Quae juvenum nimis audaces subiere catervae, Quot periere capi, quot gownes ingemuere VuLaera vae ? nimium loyalas testantia vires. Fugerat all patience, cum jam procedere troopum Sensimus, et loudo Mavortia trumpeta cantu Spiravere : venit, venit, Oh ! carissima conjux Guelphiadae ; ad currus equites spatiantur anheli. Versibus hie fortes liceat celebrare cohortes, Norrisiasque manus, AbiBgdoniamque juventum, Multa the rain, et multa lutum, permulta caballi Damna tulere illis : necnon wiva cuique criebat Absentem ob dominum, neque enim gens est ea, cui sit Flectere ludus equos, et pistola tendere marko, Ast assueta to plough, terramque invertere rastris. Quid memorem quanto crepuit domus alta tumuitu ? Intremuere scholae ; celsii suspecta cathedra Intremuit Christchurch, tremmt Maudlenia turris, Ratcliffique domus, geminisque University portis, Doctoruni stipata choro pokerisque tremendis Royalty ubi ingressa est, super omnes scilicet ilia Guelphiadas felix, dextram Rhedycina benignam Cui dedit, accepitque sinu, propriam(]ue dicavit. Consedere duces, et tum Vice-Chancellor infit, * Si placeat vestrae, Celsissima, niajestati, Nos tuus hie populus, tuaque haec Universitas omnis Supplicibus coelum manibus veneraniur, ut adsit Omne good et pulchrum tibi filiolaeque serenae, Quae niatris guided auspiciis, eductaque curls, In modern Uteris, Graecis etiam atque Latinis, Triginta magnos volvendis niensibus orbes Imperio explebit, regnunique il sedc Londini Transferet, et nostrani multa vi muniet Oxford.' Insequitur loud shout ; loud shoutis deinde quietis, Kentea pauca refert, set nun et pauca fuerunt Clappea, nee paucis se gratified esse fatetur OXFORD 89 Curtseis, tanto mage gens perversa fatigat Plausibus assidnis non inflexibile collum. Qualis libi ingentes, coacha veniente, portmantos, Greatcoatosque, bagosqne humeros onerare niinistri Bendentis A'idi, qnem dura ad munia mittit Angelus, ant Mitre, vicinave Stella Gazellae. Ilia refert, ' We thank you, kind sir, for the honour you've done us. Nought's interested us more in the tour, which we just have been taking, Than this our reception in Oxford. I beg to assure you that I shall Always endeavour to teach my daughter whatever is useful. That she may be fit to reign over a great and a glorious people.' Dixerat ; et strepitu prodis. Conroie, secundo, Phillimori deducte manu tibi tegmen honoris Obvolvit latos humeros subjectaque coUa ! Jamque silent cunei ; turn rhetor with paper in hand Ore rotundato narrat fortissima facta Heroic, narrat fidum Princessis amorem, Multaque dicta before, et quae race postera dicet, Protulit — in totum fertur vox clara theatrum — Olli sedato resj)ondet pectore Praeses — ' Admitto causa te, Vir Fortissime, honoris Doctoris gi'adui civili in jure Periti.' — Heu ! nimium felix, civilia condere jura Nescius, aut tenues lingua distinguere causas, Non Lincoln's Inn ilium, non Intima Templa tulerunt Furnipulive aedes clarum boastavit alumnum ; Nee tanaeu inde minus juris consultus abibat Suifragiis doctis, et serto templa forensi Vinxit, et insigni laetus terga induit ostro Ah ! nullas miserum causas subitiu^a reorum. Tum subito Praeses, all things jam rite peractis, ' Nos hunc concursum extemplo dissolvimus,' inquit — ■ Exoritur clamorque virum, clangorque tubarum, Effudit vacuis turbam domus alta cathedris, Una eademque via Princessam effudit et ipsam. Ciirritm- ad Christchurch, de Christchurch curritur All Souls. Alfredi tandem fessas domus alta recepit Hospitio of the best, sed quod magis hearty voluntas Commendat domini cum sedulitate feloiim, Plurima quam nitida quae stant opsonia mensa, Scrubbatumve platum, kidglovative ministri. Quis cladem illius Imicheon, qiais dishia fando Explicet ? baud equidem quanquam sint voices a hundred, Cast iron all, omnes dapium comprendere formas, Magnificaeque queam fastus evolvere coenae. Egressis (neque enim possunt eatare for ever) Gens effraena riiens, nondum graduatia pubes, 90 LIFE OF LORD SHERBROOKE Ingeminat loudos plausos, hip hip hurra coelum Percutit, high wavere capi, quadranguhis huzzas Audiit, atque imis tremefactus sedibus High Street. Tuui forte in turri, sic fama est, reading-man alta Invigilans studiis pensum carpebat, at iUum Startulat horrid uproar, evertitur inkstand, ibi oronis Effusus labor, impurus nam labitur amnis Ethica per Ehetoricque, expensive fulgida bindings, Virgiliumque etiam heroas, etiam arma, canentem. Sit satis haec hisisse — Peryaeam mihi pennam, Fessa adiniit Nonsense, botelas glassasque claretque, Poscit, inexpletum cupiens haurire trecenta Pocula, terque tribus Princessam tollere cheeris. — Ergo alacres potate viri — nee fortia doctor Pocula si quis amat, nee si commonrooma magistrum Mensa tenet socium, nee si quis bachelor aut si Non graduatus erit, idcirco sobrius esto ; Sic honors acceptos nobis celebramus in Oxford — Hoc juvat et melli est — non mentior —hie mihi finis. In his recent work, The History of the Church of St. Mary the Virgin, the learned and scholarly author, the Eev. Edmund S. Ffoulkes, writing in praise of Hansel's Phrontisterion, ob- serves : ' A classic masterpiece, as brilliant as anything that had ever proceeded from the pens of George Canning, Hookham Frere, or Kobert Lowe.' The late Lord Sherbrooke was singularly devoid of vanity ; but it would have been a source of some gratification to him, had he lived to read it, to see his name thus bracketed with the twin masters of University Je«,r (V esprit. The debates in the Union, and the writing of macaronic poems by no means absorbed the whole of Lowe's leisure at Oxford. As he himself tells us, he diligently practised the art of rowing, and was even chosen as * No. 7 ' of the crew in a match between the two Universities which never came off. The late Sir Buchanan Eiddell, who was also to have been in the Oxford boat of that year, used to relate that Lowe pulled a remarkably strong and steady oar. He was, in fact, very fond of rowing, which was one of the few athletic sports in which his defective eyesight allowed him to indulge. As he OXFORD 91 states, he grew to have a dishke to school and university matches being made pubHc rather than private affairs ; and his remarks on this head are full of his characteristic common- sense. There can, however, be no doubt that Nature had im- planted in him a most healthy and ardent love of outdoor sports and exercises. As he was a vigorous oarsman as an Oxford undergraduate, so in later years, when a grave states- man, he was a fearless whip and an adroit and intrepid cyclist. 92 LIFE OF LOED SHERBROOKE CHAPTEK IV OXFORD (continued) (1833-1840) Graduate — Fellow of Magdalen— Private Tutor, and would-be Professor Lord Selborne thus closes his narrative of Eobert Lowe's career at Oxford : — ' In 1833 Lowe took his degree with great honour — a first class in classics and second in mathematics. He was not long afterwards elected to a Fellowship of Magdalen, of which College I had myself become a Fellow in 1834 on taking my degree ; but I left Oxford in 1835 for London ; and had from that time till he entered Parliament fewer opportunities of meeting him than before. He married in 1836, and remained for some years in Oxford taking pupils ; and was beyond question the ablest and most successful private tutor then in the University.' Lord Sherbrooke in his brief autobiography states that his failure to secure the double-first was a disappointment to him; for (he writes) ' I was sure that I knew enough to entitle me to a first class [in mathematics], though I felt perfectly conscious that I had not brought my knowledge properly out.' Mr. Pycroft, who, however, like most anecdote-mongers, is as often wrong as right, states in his Orford Memories that ' Lord Sherbrooke was pronounced by his tutors certain of a first in mathematics and not certain in classics.' Although OXFORD 93 this remark appears in a book of anecdotal reminiscences, it looks, in the light of Lord Sherbrooke's own statement, as if it had some foundation in fact. In 1835 Robert Lowe was elected Fellow of Magdalen on the foundation of which birth in the county of Notts was a qualifi- cation. Two years previous to this, as he tells us in the Chapter of Autobiography, he had embarked on his labours as a private tutor. We have his own word for it that, compared with these labours, everything else in his career ' has been mere play and recreation.' More than one old Oxford man has written to express his very natural doubt as to whether even Lord Sherbrooke's head could have long withstood the strain of this terrific time. He often had, he tells us, no less than ten pupils ; and for five years out of the seven during which he was a private tutor, he also took pupils during the long vacation. ' I do not think (he writes) I could have gone on with it much longer.' One does not wonder at this confession when it is recorded that so able a man as the late Bishop Jackson, who as a private tutor had fewer pupils than Lowe, owned that his head was giving way. Canon Melville, however, referring to this tutorial period, relates a story concerning Lord Sherbrooke which, under the circumstances, can only fill us with amazement for his capacity for work and his love of learning for its own sake. Lowe was a much-sought private tutor — a function which he fulfilled for some years after taking his own degree. At one time he had so many pupils that, between nine in the morning and ten at night, he had besides his dinner-hour but one spare hour — viz. that from four to five. A friend similarly occupied met Lowe at the time one day in Oxford with a book under his arm and said : ' Where are you going ? Come for a turn in the country, as I do for my hour.' ' No,' said Lowe, ' it's the only time I have for a Sanscrit lesson with Professor Wilson.' 94 LIFE OF LOED SHERBROOKE 111 Mr. Pycroft's Oxford Memories we light on the following : — ' Mr. Lowe,' said my friend Kendall, * was the cleverest man I have ever read with. He was so near-sighted he seemed to depend very little on his sight, and to know all his books by heart. He had the widest Oxford acquaintance of any man of my day.' "With pardonable pride, Lord Sherbrooke himself bears out the truth of such statements by declaring that he was ' popular as a tutor,' and that he retained his ' number up to the last, and finished in November 1840 with four pupils in a first class of six.' It will be remembered that he then men- tions some of his more successful pupils, and recalls, with evident satisfaction, that many came to him even from those ' distinguished men ' Mr. Newman and Dr. Arnold. In his later years Lord Sherbrooke was much pleased by the fol- lowing passage in a private letter of Mr. J. A. Froude : ' I remember Lord Sherbrooke well at Oxford before I went out of residence. Indeed, I was almost his pupil. I asked him to take me when I was going into the schools. To his regret, I believe, and certainly to mine, he had no room for me.' There could hardly be stronger testimony to the high esteem in which Eobert Lowe was held as a jirivate tutor, than is afforded by the following extract from a letter written by an old pupil but life-long political opponent, the Eight Hon. Gathorne Hardy, Earl of Cranbrook : * I was his pupil and had a great regard and esteem for him, as he was a man of singular honesty and frankness. He gave great attention to those who read with him, and it was wonderful that with ten or eleven men at one time he saw each separately and never flagged. At the same time he was reading on his own account, and I remember his telling me that he was learning a modern language (I think), Spanish. ' A pupil who failed in attendance he would plainly tell that he would not take his money unless he came, and when OXFORD 95 he saw that anyone had really no chance of honours, he would frankly tell him so.' Another of his pupils, Dr. Richard Congreve, the cultured disciple of Auguste Comte, evokes a more sombre recollection of this period of Lord Sherbrooke's Oxford career : ' I was for a short time the pupil of Eobert Lowe, Lord Sherbrooke, and I preserve a very grateful sense of the benefits derived from his teaching. I remember his expression as he closed the last lecture. " There," he said, " that is the last lecture I shall give in this place, where I have been selling my life- blood at 7s. 6d. the hour." ' Dr. Congreve kindly reminds me that Charles Arnold, as well as Arthur Hugh Clongh, read with Lord Sherbrooke during a long vacation at Ambleside. Lord Sherbrooke, as his old Oxford friends testify, was never idle. He took pupils even through the vacation, and in addition to his all but incessant labours with them, he was often engaged on some difficult and independent branch of study on his own account. It was in the Long Vacation, spent with pupils at Festiniog in 1834, that Lowe fell headlong over ' Hugh Lloyd's Pulpit,' escaping by a miracle with his lifSi as he himself has so graphically narrated. It is surpris- ing what a number of persons have written to inquire as to the truth of this story, which has, evidently, in various forms enjoyed a wide circulation. The following letter, written on this memorable vacation, to one of his oldest and most cherished friends, the Eev. W. Boyd, now Archdeacon of Craven and Vicar of Arncliffe, Skipton, for which I am indebted to the courtesy of the Dean of West- minster, is eminently characteristic, and in my judgment well worthy of preservation. Archdeacon Boyd was Lowe's contemporary at University College. ' Greatly and deservedly respected by him then and always,' writes Dean Bradley. It is generally believed that Lord Sherbrooke once declined to com- pete for a Fellowship in order that his friend might get it ; 96 LIFE OF LORD SHERBROOKE like other men who have been called cynics, he did such acts of self-effacement for those who were dear to him. Bobert Loioe to the Bev. W. Boyd. Festiniog, Merionethshire : August 17, 1834. Dear Boyd, — The idleness which prevented my writing to you in the first instance has long been succeeded by that shame and re- pugnance which invariably follows the neglect, though it does not always secure the performance, of a duty. I have been living all the vacation hitherto at a little cottage in the neighbourhood of Bar- mouth, in a more secluded situation than I ever remember to have been in before. This I may truly say was a subject of no uneasiness to me ; the only effort being to leave it, as I was sometimes obliged to do, to visit my family who were living five miles off en masse. I am convinced practically that the mind, when not warped by habit or prejudice, has the faculty of adapting itself to its situation, when in the way of amusement of being as dissipated, and when m retire- ment as solitary, as possible. My studies have been divided between learning the alphabet and forms of noun and verb in the Sanskrit grammar, and pursuing German, without altogether forgetting my Hebrew. The Sanskrit alphabet consists of fifty simple characters, which, by means of initial and final consonants and vowels, and a compound and often anomalous character for every double consonant, are multiplied to upwards of a hundred. Over these difficulties, I am happy to say, I have triumphed unassisted, though I cannot but applaud the wise dispensation which conceals the future from our eyes, since, had I known their magnitude e^ "px^s, it is more than probable I might never have attempted them. The German, in which I hope you also have been making progress, I find very easy and beautiful, and a pleasant relaxation after my Oriental studies. I have just removed, as you will see by my date, to Festiniog — a beautiful village among the mountains in the north of Merioneth- shire, where I mean to renew my acquaintance with Snowdon and Co. I am not yet fully settled, owing to the crusade which is being carried on against the grouse, who, few and diminishing yearly, still linger in scanty coveys over the hills which their ancestors once held undisturbed. Thus far of myself. Now learn what I expect to hear from you in return. In the first place, in the grand Tory festival,' which I am delighted not to have attended, what part did you and yours ' The Installation of the Duke of Wellington as Chancellor of the University of Oxford. OXFORD 97 enact ? How did the week pass off, and how did you manage the immense journey into the Hyperborean regions which you ai'e pleased to inhabit ? Were you not amused with the Hebrew ode ? It tickled my fancy much — particularly where it said, ' The seekers of new things hath he not loved,' to turn the language of the Patriarchs and Prophets to the purposes of ephemeral politics, and to tune the harp of Judah, before which the mighty trembled, to sound the notes of flattery, was an indecorous species of desecration — a sort of adula- tion which it well became Magdalen Hall to invent and Oxford to patronise. Have you read The Edinburgh Bevietv on the installation ? If not, do. Please to let me kpow how your parsonical duties go on. I shall be delighted and interested with any detail on the subject. I am almost ashamed on looking back to see into what a tirade I have been led, but you know how it is with me — Ccelitm non animum mutant. An accurate account of your studies, thoughts, intentions, and imaginations, which must have been many in the interval which my idleness has suffered to elapse, is but a small portion of what I ex- pect to hear from you. I see Palmer of Trinity, and Eichardson of Wadham, are elected Fellows of Magdalen ; so much the better for somebody else. I have written to congratulate the former on his success. Pray present my compliments to your father and sister, who I hope enjoyed their Newnham excursion as much as I did. Do not suffer your mathematics to become obsolete, as I still look forward to your triumphant return to Oxford. Believe me. Yours very sincerely, R. Lowe, Junr. P.S. — I hope I have spelt the name of your village right. My ideas have been confused by reading an account of a battle in which it is spelt Ryetown.^ It was in the year 1835 that Robert Lowe obtained a lay Fellowship at Magdalen. This, in its way, was a provision for life, and made him independent as to money. But three months after this, he engaged himself to Miss Georgiana Orred, whom he had met at Barmouth. This may well have ' The above letter is addressed to ' The Eev. D. W. Boyd, Ryetown, New- castle, Northumberland.' VOL. I. H 98 LIFE OF LORD SHERBROOKE seemed an unaccountable proceeding to his father, and gave rise to an estrangement which was a source of much pain to the son. His determination to marry carried with it the impossibihty of retaining a Fehowship, and ultimately taking Holy Orders, which the rector of Bingham desired. Robert Lowe's resolve to abandon his Fellowship and read for the Bar appeared a most ill-judged proceeding and greatly in- creased the annoyance of his father who thus saw all his plans frustrated. It was an additional mortification to Lord Sherbrooke to find that almost every member of his family coincided with his father's views. It is pleasant, however, to learn that the affection of his brother Henry remained unchanged through all the troubles which ensued, as the following letter will testify. Robert Lowe to H. P. Lowe. My dear Henry, — I never remember to have been more affected by anything in my life than by your letter ; it has been so rarely of late that I have met with any show of friendly feehng from my relations that I had ceased to expect it, more especially from you, whose every constituted notion of prudence is controverted by my conduct on tliis occasion. I have found no one else Avho has deis:ned to communicate with me on the subject who could disapprove without condemning, no one who did not seem to forget their originally kind feelings towards me in the strength of prejudice and remonstrance. My aunts are, luckily for me, on my side. Aunt Sherbrooke is, I hope, wavering, and could I have an inter- view \\dth her might, 1 think, be made completely my ally. What I write now for is to press you to come and see me at Magdalen. You will find your quarters excellent and a bed at your service as long as you like to stay. I can then talk this matter over with you at our leisure and tell you many things of which you are not aware. Matters at present stand thus : my father has interdicted me the Law, and refused to assist me in the prosecution of it. He says he will not allow me to marry without 500/. a year of my o\\ti besides her fortune. He has now driven me to extremity, and I have offered to make, not five, but seven hundred a year by taking pupils here. To this I am now waiting his answer ; it is not the kuid of OXFORD 99 life I should have preferred, but if I am not to go to the Law all other professions are indifferent to me. Your affectionate Brother, RoBT. Lowe, Junr. In later life, Lord Sherbrooke by no means regarded the Bar as the ideal profession for one who could not discern the faces of judge or jury. But at this period he could see no other opening, being resolutely determined not to enter any profes- sion for which he felt no true vocation. Having thus decided on his own course in life, and being above all things a man of the highest resolution and independence of character, he sought no aid from his father or friends. But his marriage, as will be shown, was from the first a singularly happy one, and the constant companionship of his wife from this time until her death seemed to him more than compensation for all his subsequent trials. The following letters, written to his brother Henry just before his marriage, brimming over with almost schoolboy spirits, give a lively account of his pursuits and aspirations at this period. From Bobert Loive to Henry Porter Lowe. Oxford : June 10, 1835. Dear Henry, — As you seem to have appreciated my last letter fully, and withal express a wish for another, I see no objection to gratify you, provided always that I can find enough to say to fill a sheet. It gives me great pain to renounce the thoughts of a trip to Spain, notwithstanding the lice, Carlists, and other plagues where- with that miserable country is afflicted. I seem, however, much more likely to conduct two or three men to Beaumaris to read and boat than to indulge in any such vagaries. I had thoughts of East Cowes, but the guardian of one of my griffins stood out so stoutly against the place that I was obliged to change my hand and check my pride, and propose Beaumaris as a kind of compromise. As touches the law, I believe that the smallest sum for which it is possible to exist at one of the Inns of Court is 150/. a year, but 11 2 100 LIFE OF LOPtD SHERBROOKE I have too good an opinion of your and my own notions of comfort to believe that we could vegetate under 100/. a year more. My Magdalen Fellowship (when got) will be a great assistance to me, as it will put 170/. into my pocket towards defraying my expenses in town. The way of life I should pursue is to read about seven hours a day, which I consider enough for a Chancellor, never to dine in hall, seeing the dinners are exquisitely beastly, but to get into some club or other — the Junior University, for instance— where one would meet old acquaintances, read the papers, and dine. If you are really in earnest in your intention of study, I should advise you to read, mark, leani, and inwardly digest the first two volumes of Blackstone, particularly the first part of the second, and to throw in the last chapter of the fourth, which is a history of the English Law drawn with a very masterly hand. I should also recommend to your notice Hume, and Smollett, and Hallam in his Middle Ages and Consti- hitional History of Eiigland, and Eobertson's Charles the Fifth. Most of these books are written in a very attractive style, and all of them treat of subjects which ought to interest every English gentle- man, so that you could not possibly bestow your time better than upon them, whether you go to the Bar or not. Since I began this letter I have been to London to keep a term, and seen Herbert, who inquired very kindly after you. The weather was hotter than I could have supposed possible at Senaar, and I lost so much bodily from heat, and pecuniarily from cabs, that I am but the shadow of my former self in both respects. Went to see Malibran act the Sonnambnla, which she did well. Aunt Sherbrooke and Aunt Elizabeth are coming here to-night on their way to London. I came down by the Worcester mail ; night being the only time when a gentleman can travel in this weather ; you will be happy to hear that it is accelerated, arriving in Worcester at a quarter-past eight, and the Gloucester in that town at half-past seven. The jMunicipal Corporation Bill seems to have satisfied all sides, which I rejoice at not a little, as it wall give the Tories a decided minority in the next Parliament. If you happen to fall in with a little book called Major Dotvning's Letters, read it by all means ; you will find it one of the most amusing collections of slang you ever saw. I have got a Cambridge man to oppose me at j\Iagdalen, a certain Kickards of Trinity, a first-class man, but I do not think he has much chance. If you mean to read Law, you must not do it by halves, for it is a very repulsive study, and London ofi'ers so many temptations to one to be idle tliat nothing but dogged resolution can save one from it. OXFORD 101 Write soon and give me your views of Beaumaris and reading places in general, and believe me your affectionate Brother, RoBT. Lowe. The second letter was written a couple of months after- wards, when he had gained the Magdalen Fellowship, and addressed to his brother at Bagneres de Luchon. No. 1, Green, Beaumaris : August 6, 1835. Dear Henry, — I have used you wretchedly, horridly, d — nably, in not writing to you before, particularly as I have plenty to say. I got the Fellowship without much trouble, cause why, there was no opposition, seeing that three other horses who were to start were drawn, and I had nothing to do but to show my paces in walking over. I was settled at Beaumaris, and went up to Oxford for a week, on the Saturday of which I was elected, left by the ' Union ' at half-past eleven that night, met the mail in Birmingham, and got to Beaumaris at nine in the evening. What would your dog Frenchman say to that '? By-the-bye, the King of the French seems inclined to avail himself of the infernal machine as an engine to silence the Press, and thus tread out the few embers of liberty still left to that deluded nation ; if that be so, I should feel almost inclined to wish that the next twenty-five gun-barrels aimed at him may be pointed with more precision. I like Beaumaris of all things ; for bathing and sailing it is almost perfect, and the mountain view is splendid. I miss the mountain walks we had at Barmouth, but it is impossible to com- bine them with the sea, and I am content with my part of the alternative. Excellent dinners, spoilt by jolting and eaten on an uncom- fortable rickety table, and dignified by the name of picnics, are the order of the day. I have made acquaintance with the Vicar, Dr. Howard, and his family — very pleasant people ; and with Sir Richaid Buckley, who lends us a six-oar, against which Mr. Lowe cautions me thus : ' It is full of danger and destruction in salt water — cave cave to ! ' We ordered a play last night of some wretched comedians, who acted in a barn, and collected an audience which must have rejoiced the cockles of their hearts. They want me very much to pull in the regatta, which I am very unwilling to do, but do not know very well how to get out of it without appearing ill-natured. I am very much amused with your whopping adventure, which put me in mind of the ferryman at Ballachulish, only that the result in your case was more VOL. I. * n 3 JTT»T> A-RY a A ATT A BARBARA 102 LIFE OF LORD SIIERBROOKE serious. My mind is clouded with a gentle envy when I read your description of the Pyrenees ; I fancy I shall prefer them to the Alps. We have a party of Cambridge men here who were fighting the other night, first among themselves, and afterwards with some Welsh sailors, waking me out of my first sleep, and confirming my theory of Can tabs. There is one of them whose supernatural hideous- ness is as impossible to describe as the Pyrenees themselves ; a kind of man who, if he meant to make love effectively, ought certainly to wear a mask. I like Beaumaris much better than Barmouth, and am sure it would have pleased my sisters far more if they had had the wit to know it. I had to make a speech upon my election the other day, which I did with considerable effect. You have no idea what a gentleman- like arrangement it is to be the only candidate for a Fellowship ; it does away so completely with all foolish doubts and difficulties. I shall be very glad to hear more of your Pyrenean ideas, and will promise to answer any questions you may ask in your next letter, as I have mislaid your former one, and, I fear, answered it very imperfectly. Your affectionate Brother, EoBT. Lowe. In the March following (1836), Lord Slierbrooke married — but a matter of such supreme importance must be dealt with in a separate chapter. After their wedding tour, Eobert Lowe, with his wife, returned to Oxford, bought a small house (16 St. Aldate's), and for four more years he continued his wearing drudgery as a private tutor. In the following year (1837) he was appointed a master of the schools, as a ' little-go ' examiner. His pungent comments on the duties of this office will be found in the Chapter of Autobiography. The year 1838, as Lord Sherbrooke himself declares, seemed likely at one time entirely to have altered his course of life. The Greek Professorship at Glasgow, with a salary of 1,500/., a house, and only six months' work in the year, fell vacant on the death of Sir Daniel Sandford. One can imagine how tempting this must have seemed to the newly-married, over- worked Oxford private tutor. The following particulars may be added to his own graphic account of the contest, in which he was worsted by Mr. Lushington. OXFORD 103 In the Life of Archhishop Tait, by the present Bishop of Iiochester and Canon Benham, is given the correspondence between the Archbishop and his brother, Mr. John Tait, on the subject of this Glasgow Professorship. Tait himself was anxious at first to secure the appointment, and he had two very strong recommendations — he was a Scotsman, and he had been a student at Glasgow. But he was an Episcopalian in orders as an Anglican clergyman, and he declined to sub- scribe to the Confession of Faith. He accordingly withdrew his name from the applicants, and in doing so wrote to his brother, ' I shall be sorry if they appoint an indifferent suc- cessor to Sandford.' Subsequently the future Archbishop wrote to the Principal of the University of Glasgow, formally withdrawing from the contest, and enclosing a ' testimonial in favour of another candidate, Mr. Piobert Lowe.' ' The Bishop of Rochester has kindly looked over the late Archbishop Tait's papers, but has not been able to lay his hand on this testimonial. The following, however, was for- warded to Glasgow by the Rev. R. Michell, Lowe's private tutor and intimate friend ; and was probably signed by Mr. Tait of Balliol, as well as by other distinguished members of the Union : — Apprehending that an objection may be raised to Mr. Lowe as incapable, from the shortness of his sight, of keeping order in a large class, we beg to state our conviction that such an idea is founded on an exaggerated view of his physical defect, a defect which is far more than compensated in him by a high and resolute spirit, and com- mancUng, though conciliatory manners. In proof of this opinion we beg to refer to a fact of which we were eye-witnesses. Several years ago, at a meeting of nearly 200 members of the Oxford Debating Society, the subject being one of local and personal interest, the greatest disorder prevailed, so great as to baffle every effort to repress it, and to threaten the dissolution of the meeting. At this period Mr. Lowe took the chair, and by his decision and vigour, by fining one member and threatening others by name with the same punishment, he completely restored order, which was not ' Archibald Campbell Tait, Archbishop of Canterbury, vol. i. p. C8. 104 LIFE OF LOED SHERBROOKE again interrupted. ~ We believe if lie was found capable of repressing disorder at its utmost height, if his sight served him in this instance to detect and punish the disorderly, that in a class where his authority would be so much greater, and through the absence of excited feelings the obstacles to contend against so much less, he could not fail to command the respect and attention of his pupils in the highest degree. If, indeed, Archbishop Tait signed this testimonial, it was a truly forgiving and Christian act ; for, as Lord Rherbrooke has told us, it was none other than the future Head of the Church whom, on the occasion referred to, he had fined 11, for ' disorderly conduct.' However that may be, Lowe was not successful. He ad- mits — and we may well believe him — that it was a very bitter disappointment. Hew^as thoroughly weary of the monotonous drudgerj^ of his daily life at Oxford, and, as the following playful letter, written at the time to the Eev. E. Michell, will show, he was very sanguine of getting the Professorship. Bobert Lowe to the Bev. B. Michell. Glasgow : July 6, 1838. My dear Michell, — What have you done with that there certifi- cate ? I am afraid you must have forgot the direction, and therefore write to make sure. It is Kobert Findlay, Esq., Glasgow Bank, Glasgow. I am getting on well here, the thing rests between Lushington and myself, and I do not think my chance the worst of the two. He has got two or three votes certain, but they are from the least influ- ential and respectable members of the Faculty ; the better class having fought shy, and shown full as much attention to me as to him. The Principal, MacFarlane, will determine the point by adding himself to one side or the other. I have pretty good reason to suppose that he is not ill-disposed to me. Mr. Findlay's influence is very great, and my testimonials have beaten Lushington's in a much greater degree than 1 had ventured to hope. Pray send that letter, if not already sent, as in the present state of affairs it is of great consequence. I am ^\Titing from a Dodson and Fogg shop, OXFORD 105 kept by one of the young Findlays in Glasgow, and two Scots are jabbering law within a yard of me, which must be my apology in case this scrawl is incoherent. Yours very truly, EoBEET Lowe. In a second letter to Mr. Michell, written on his return to Oxford, Lowe explains to his friend that he was beaten purely by local faction. Bobert Loive to Bev. B. Michell. ■■ Oxford : August 8, 1838. My dear Michell, — Georgiana tells me you are anxious to hear from me the circumstances which led to my defeat at Glasgow. I had succeeded beyond my hopes, and one of those who afterwards opposed me, said they had put off the election on purpose to get such a person as myself. This I knew from unquestionable authority was the state of things the day before the decision ; three electors had pledged themselves to Lushington before 1 came forward, but all the rest (seven) meant to vote for me. My supporters quarrelled among themselves on a point which I am not at liberty to mention, but which had no connection with Lush- ington or myself, but turned upon their own local factions which in a self-elected body, as you well know, lie pretty deep ; to spite the rest one part of them went over to Lushington, and brought him in. Thus, after having triumphed over the united Whig and Tory interest of Scotland, Sir G. Clerk and the Lord Advocate, after having distanced Lushington in public opinion as far as he did the rest of the candidates, the turn of a straw rendered all my efforts futile. I soon made up my mind to the matter and came back home on Monday, with a resolution to think no more about it, which I have kept. Very truly Yours, KoBEBT Lowe. Although Lord Sherbrooke bore his disappointment in a truly philosophic spirit, far different to that in which poor Mark Pattison tortured himself over the loss of the Rectorship of Lincoln, yet how freshly the incident came back to him when, as Chancellor of the Exchequer, he revisited Glasgow to be Pi^sented with the freedom of the city in 1872 ! In the brilliant speech of grateful thanks, which he delivered on 106 LIFE OF LORD SIIERBEOOKE that occasion, he remarked : — ' Gentlemen, I am also parti- cularly happy that this honour has been given to me by the city of Glasgow, because, long years ago, the dream of my life was to connect myself much more nearly than I am ever likely to do with this city. I had at one time some reason to suppose that I might have been elected to the honourable and distinguished office of Professor of Greek in your Uni- versity. To fail in that object was the greatest disappoint- ment that ever happened to me in my life, but years soften everything, and I now can only remember that the place, I doubt not, is much more worthily filled by a distinguished and elegant scholar.' It is somewhat suggestive to reflect that had Eobert Lowe succeeded in this quest he would never assuredly have gone to Australia, nor would he in all probability have entered the arena of the House of Commons. The duties of such a professorship would have been congenial — he was never really an ambitious man, and its emoluments would have been ample for his wants. It is therefore more than likely that for the rest of his life he would have been known as Professor Lowe, and the world would never have heard of Viscount Sherbrooke. ^-.^ai/T^r:^ ' Speech on the Austrahan Colonies Bill, at the rooms of the Society for the Eeform of Colonial Government, June 1, 1850. By Eobert Lowe, Esquire, late Member of the Legislative Council of New South Wales. 182 LIFE OF LORD SIIERBEOOKE This mournful ex^istle was written on October 8, 1843, but on the 30th of the same month another was sent, which revealed the silver lining of the cloud. Eobert Lowe had been absolutely idle for eight months and a half, and during that time he had neither read nor written a line. He now decided to resume, with great precautions, the practice of his profession. It is not stated whether this was done with the approval of the two Sydney doctors, but it may shrewdly be suspected that the patient had decided on this course without further consulting them. He therefore procured the assistance of a clerk for his chambers, who was also to live at his house, so that he might be always at hand. He gave a distinct promise to his wife that if he felt the slightest symptoms of a relapse, either in regard to his eyes or his general health, he would then and there give up all idea of ever again practising at the Bar. With this she contented herself, reflecting that, * if he does little, this will be an amusement.' With the in- creasing badness of the times, and the fact that he had to make a fresh start as a junior, there was very little likelihood of any distressing amount of legal business coming in his way. Mrs. Lowe seems to have cherished the hope that Sir George Gipps would yet find some suitable post for the man of whose capacity he entertained so high an opinion. Lady Gipps had told her that Sir George declared that ' Mr. Lowe was the cleverest man in the country.' This raised her hopes to the altitude of a temporary judgeship in Norfolk Island or a police-magistracy somewhere in the back blocks of New South Wales. But the revenue of the colony was falling wofully, so that retrenchment was the order of the day ; and under these circumstances Sir George Gipps was the very last man in the world to make a post for any friend, however deserving and capable he might be. These weary months recurred to Lord Sherbrooke's A PEEIOD OF GLOOM 183 memory with vivid intensity when, some years ago, he sat down to record the events of his past Hfe. Then it was that he paid the fine tribute to the memory of W. S. Macleay : ' However, in this the lowest ebb of my fortunes, I found several alleviations. The principal was the extraordinary good fortune which gave me the acquaintance and, I am proud to say, the friendship of Mr. William Macleay. He had been Secretary at Paris for claims of English subjects and afterwards had been a Commissioner for the Extinction of the Slave Trade at Cuba. He was an excellent classical scholar, he knew more of modern history and biography than any one with whom I was ever acquainted, and in addition to all this he was a profoundly scientific man ; thoroughly conversant with zoology, botany, and entomology. He was an excellent companion, with a store of caustic wit which reminded me continually of the best part of Scott's Antiquary. It fell to my lot to do him some slight service for which he never knew how to be sufficiently grateful. It would have been a good find to meet with such a person anywhere, but in a remote colony it was a good fortune for which one could not be too thankful. I have not seen, and shall not see, his like again.' Such is Lord Sherbrooke's tribute to William Sharpe Macleay, his most cherished Australian friend, who fully re- turned his affection, and whose admiration for his great abilities, indomitable courage, and personal worth was un- bounded. At his death in Sydney in 1865, William Macleay bequeathed 1,000Z. to Lord Sherbrooke and a like sum to his wife as a mark of his friendship and esteem. It is not difficult to imagine what a solace the conversation of so cultivated a man must have been to one who felt that, despite his own great powers and grasp of mind, his career, from impending blindness, was about to close before it had well begun. Lord Sherbrooke, it will be remembered, goes on to refer to the bush w^anderings of this gloomy period, and, with regard to 184 LIFE OF LORD SHERBROOKE the loveliness of Illawarra, pathetically describes it as a place ' where a man might pass his time with no other regret than that of being totally useless.' But now, in defiance of doctors and specialists, he determined to go back to his law-books and to active life in Sydney, be the consequences \;'hat they might. 185 CHAPTEE XI THE CKOWN NOMINEE (1843-1844) Lord Stanley's ' New Constitution '— Eicharcl Windeyer, the ' Popular Member ' — W. C. Wentworth, the 'Australian Patriot' — Lowe's Maiden Speech in the Council — His Stand for Free-Trade — Becomes a Personage in Sydney Under the new ConstitutioD, which the late Earl of Derby, then Lord Stanley, the Colonial Secretary of State, had bestowed upon New South Wales in the year 1842, the old Legislative Council, which had heretofore consisted entirely of officials and Crown nominees, became largely a representative body. It consisted of thirty-six members, of whom two-thirds were elective, on a franchise of a 20L rental or a freehold of 200^. in value ; furthermore, there was a property qualification for members of 2,000L or a yearly value of 1001. In addition to these twenty-four ' popular ' representatives there were six salaried government officials, who might be regarded as a kind of Cabinet, and six Crown nominees. The Governor no longer presided, nor had he any direct voice or vote in the Council. In the Viceregal speech which inaugurated this, the first Parliament in Australia (August 3, 1843), Sir George Gipps thus explained the constituent elements of his new Council : ' The Legislative Council,' he said, ' is composed of three elements, or three different classes of persons : the representatives of the people, the official servants of Her Majesty,' and of 'gentlemen of independence — the unofficial nominees of the Crown.' 186 LIFE OF LORD SIIEPtBROOKE Unfortunately Sir George Gipps, who was a soldier rather than a politician, too quickly forgot his own distinctions between the salaried Government officials and the Crown nominees. It would seem that Sir George, having nommated these latter * gentlemen of independence ' to their seats in the Council, fully expected them to vote on all occasions with his salaried officials and to assist them in every way to thwart the ' representatives of the people,' who under this hybrid scheme formed a permanent but ineffective Opposition, as, despite their overwhelmmg majority, the Governor could always veto any measure which he considered inopportune or undesirable. Some three months after the opening of the Legislative Council, the Speaker (the Hon. Alexander Macleay, elected in his 77th year) announced that he had received a letter from ' Richard Jones, Esq.,' resigning his seat ; and further that His Excellency the Governor ' had been pleased to appoint Robert Lowe, Esq., Barrister-at-Law,' in his stead. Mr. Lowe, having been introduced to the Speaker by the Colonial Secre- tary (Edward Deas Thomson) and the Attorney-General (John Hubert Plunkett) took the oaths and his seat. The Sydney Morninrj Herald — then the only daily news- paper in Australia — seemed perturbed at this intrusion of a mere nonentity into the sacred precincts of this infant Parlia- ment. In its issue of November 10, 1843, appears the following serious little article, which, in the light of subsequent events, it is difficult to read without a smile : — Who is Mr. Lowe, the new member of Comicil ? is a question that has been asked i^retty often within the last forty-eight hours, . and it does not say much for the Governor's choice that it should have to be asked. All that is known of Mr. Lowe in the colony is that he is a junior barrister, who arrived here about fourteen months ago, and that, in consequence partly of ill-health and partly of want of success, it was understood some six months since he had determined upon retiring from the profession. He is a gentleman of very superior scholastic attainments, and was, until very shortly before he left England,' a Fellow and tutor of one of the Oxford colleges. We are at a loss to conceive what claims Mr. Lowe had to be made THE CROWN NOMINEE 187 a Councillor ; he has had no colonial experience, he has no stake in the colony, and we must express our surprise that the Governor should have passed over all the old colonists to confer the office on a gentleman who is almost a stranger. The Herald had not long to wait before its queries were answered. Although it was then the month of November, the year had not run out before the voice of the new nominee was very familiar in the ears of the older members of the Legisla- tive Council ; and when he thought fit, in the following year, to resign his seat, Eobert Lowe had undoubtedly established his position as one of the leading public men in the colony of New South Wales. After the weary months of gloom and disappointment described in the preceding chapter, this unforeseen introduction into public life was naturally highly gratifying to Mrs. Lowe. In a letter to her mother-in-law, written the day before her husband actually took his seat in the Council, she thus refers to the event in her usual frankly unreserved and therefore interesting style. Sydney : November 7, 1843. My dear Mother, — I write to you with so much pleasure in being able to tell you that Sir George Gipps has appointed Robert a nominee member of the Legislative Council. I assure you this is a high honour, and delights him greatly, it also inspires me with an additional overflow of vanity (which pray forgive) regarding Robert's abilities. Sir George has placed him in the Legislative Council, he ex- pressly says, to strengthen the Government, and looks forward to his being of great use. This appointment will give Robert an opportunity of bringing himself before the public, and will be of great use to him as a barrister. I shall have so much pleasure in sending the Sydney papers, as I know with what great interest and dehght you will read his speeches. Now, my dearest mother, does not Robert overcome every obstacle and impediment ? Even with the disadvantage of having had to retire from the Bar for a time, m a new place, amongst new friends, and with no real opportunity of displaying his talents, he has been able to impress everyone with the highest opinion of them and of his character. Sir James Dowling [the Chief Justice], Judge Stephen,' all whose opinions ' The present veteran, Sir Alfred Stephen, now in his ninety-first year— 188 LIFE OF LOKD SHEEBROOKE are worth caring for, speak of him in the highest terms. He has been in Sydney but twelve months and Sir George has conferred on him the highest honour in his power to bestow, nor has there been the least private friendship in this. Sir G. G. is notoriously a man who has never even stretched a point for a private friend. This appointment has no remuneration attending it, but much honour. Robert's speeches will be printed and sent home with the Proceedings of the Legislative Council ; his name will thus be often before the Home Government, and may thus prove of immense advantage. There have been already very many fiery debates in the Legislative Council, and are likely to be more. How true it is that hope fulfilled is disappointment. In less than a year from the evening when he made his first bow to the Speaker, Eobert Lowe felt compelled to send in his resignation, simply because he could see no ' honour ' in being the nominee of a man with whom he gravely differed on almost every question of public policy, though, of course, this divergence was not apparent either to Sir George Gipps or himself when the seat was conferred upon and accepted by him. Then, although it was doubtless true, as Mrs. Lowe pro- gnosticated, that her husband's brilliant speeches were ' printed and sent home,' it may be doubted whether the Ministers at St. Stephen's or the chief officials in Whitehall were able to peruse those outspoken and often vehement diatribes with pleasure or even equanimity. Their unlooked-for result, how- ever, was to make the erstwhile nominee of the Governor one of the foremost, and for a time the most popular man in the community — but this is anticipating the chapter of events. Sir George Gipps, in selecting Eobert Lowe as one of the Crown nominees, did so simply to strengthen himself in the Council. The Governor was a shrewd and able man ; though it will be admitted on all hands that if he expected Lowe to become either a lackey or a tool, he could hardly have made formerly Chief Justice and late Lieutenant-Governor of New South Wales — a near kinsman of Sir James Fitzjames Stephen and of Mr. Leslie Stephen. THE CROWN NOMINEE 189 a worse selection. But the Government officials in the Council were now confronted by a number of popular repre- sentatives, each of whom has left his mark in the annals of Australia. Dr. Lang, in his History of New South Wales, expresses astonishment at the ' great superiority of the first Legislative Council to those that have succeeded it ; ' and questions whether ' it has ever been surpassed by any legis- lature out of England in the British Empire.' To support his assertion he mentions the names of Lowe, Wentworth, Windeyer, and Cowper : to which in fairness should be added his own. If from this list we omit Lord Sherbrooke's name altogether as that of a man quite apart, and in no sense a normal colonial member, and substitute for it that of Sir Edward Deas Thom- son, then the principal Crown official, it may be safely declared that no subsequent Australian Legislature can present such a galaxy of really able parliamentarians. It would seem from a letter of Mrs. Lowe's, written at this time, that the ' popular ' representative whom Sir George Gipps most feared was Eichard Windeyer, ' the Joseph Hume of the House,' as Dr. Lang styled him. Pilchard Windeyer was an English barrister who had been on the staff of the Times and the Morning Chronicle,^ He originated Todd's Parliamentary Companion, and as a friend of Colonel Perronet Thompson took part in the Anti-Corn- law agitation. He emigrated to Sydney in 1835, and became leader of the Australian bar. As a public man, his inflexible honesty and ability made him alike respected and feared. ' There is a barrister,' writes Mrs. Lowe, ' a Mr. Windeyer, an undoubtedly clever man, who has a strong party opposed to the Government — and the Home Government also ; this man ' Disraeli, when starting the Eeprescntative, informed Murray that he had engaged S. C. Hall ' and a Mr. Windyer, sen., both of whom we shall find excellent reporters and men of business. The latter has been on the Times.' {Memoir of John Murray, vol. ii. p. 206.) 190 LIFE OF LORD SHERBROOKE is a popular member — to oppose him, and to conquer if pos- sible, is to be Robert's main point.' Again, how little it was foreseen that the popular member and the Crown nominee would, after a very short time, discover that they were meant to be allies rather than enemies ! Whatever the local press may have thought of the new nominee member, Sir George Gipps, as we have seen, had enjoyed special facilities for forming an independent judgment. In his despatch to Lord Stanley (November 10, 1843), Sir George, after announcing Mr. Lowe's appointment, describes him as ' a barrister of England and of New South Wales .... Mr. Lowe has been but a short time in the colony, but he was for many years a distinguished member of the University of Oxford, where he was a Fellow of Magdalen College and for some time one of the examining masters. He is a man of first-rate abilities and a fluent speaker.' On these points the new member did not suffer either the Legislative Council or the colony to be long in doubt. At the time that he took his seat, the leaders of the Opposition were very busy with a Bill which some of them, and notably Mr. Windeyer, seemed to think a panacea for the terrible com- mercial depression under which New South Wales still con- tinued to languish. Having acquired through Lord Stanley a certain measure of autonomy, such men as Wentworth and Windeyer would naturally want to exercise to the utmost the self-governing powers placed in their hands as popular repre- sentatives of the Council. It is highly significant of the general state of financial collapse that these ingenious pioneer legislators of the colony should, in this second session of their first Parliament, have devoted their energies almost entirely to monetary measures. Eobert Lowe's first speech was in opposition to a measure introduced by Richard Windeyer, called the Monetary Confi- dence Bill, which was designed to relieve the general bank- ruptcy by the creation of a State bank together with a system THE CROWN NOMINEE 191 of land debentures. A select committee of the House had been appointed, and such financial and banking experts as the colony could then boast had been examined by it. ~ The report of this select committee is of itself a most interesting docu- ment, but unfortunately far too lengthy to reproduce on the present occasion. Like all experts, these early colonial bankers gave diametrically contradictory opinions with regard to Mr. Windeyer's proposed measure. That gentleman, who was then admittedly the most brilliant advocate at the Sydney Bar, introduced his Bill in a speech of great length and of marked ability. If anyone out of mere curiosity cares to turn to the reports of this prolonged debate on the Monetary Confidence Bill, they will, I am sure, be amazed at the general breadth of knowledge and superior dialectical skill displayed by the chief speakers. It used to be a favourite line of argu- ment, with those who are of opinion that the British Empire would be welded together in a firmer and more satisfactory way if the Colonies were directly represented at Westminster, that, by becoming members of such an Imperial Parliament, the colonial representatives would learn to take large and imperial views and would cease to be engrossed in mere petty and parochial debates. Let anyone who cherishes such a delusion turn from a report of an average night in the House of Commons to this discussion in the first, and only partially representative. Parliament of New South Wales. Why, Windeyer's speech alone would be sufficient to make the reputation of many an aspirant to the Chancellorship of the Exchequer. The fact is, if you want resounding eloquence and far- reaching and imperial views of men and thmgs, you have only to collect half-a-dozen needy geniuses bent on the reformation of the world and the alleviation of their own pecuniary troubles. Truly, Windeyer and his chief supporters used every argumen- tative art in support of their favourite panacea. They were also in an evident majority, and it required some courage for 192 LIFE OF LORD SIIERBROOKE a new and untried man to rise and endeavour to disprove or discount the five or six hours' eloquent oratory of the mover of the Bill — backed up as he would inevitably be by the over- whelming Wentworth. Eobert Lowe, however, rose at once and delivered his maiden speech in Parliament. He succeeded in enchaining the attention of the Assembly, and sprang at a bound into the front rank as a debater. It is not too much to say that he met and fairly defeated Windeyer on every point. On the third reading of the Bill, Lowe again spoke with the same force and brilliancy ; and besides that, his speech dis- played a grasp of the whole subject of colonial finance, as well as an intimate knowledge of the social and commercial state of the colony, surprising in one who had been a resident for so short a time. William Cliarles Wentworth, I have been told by one who witnessed the scene, looked up like a fighting cock who had long been lord of the domain, but who finds himself unex- pectedly confronted by a rival. Like all men of really great and original mind he at once detected and appreciated ability in another. Lowe's speech might have been perhaps somewhat too academic in tone — fitted at times better for the Oxford Union than for the Sydney Legislative Council — and he was certainly not overburdened with colonial experience ; he had been, moreover, at too evident pains on this his first appearance to prepare his case against Windeyer and his re- doubtable supporter. But Wentworth, by the very manner of his reply, showed that he recognised in the new-comer a foe- man worthy of his steel. Like a skilful and practised debater he began by smiting his opponent where his armour was thinnest. Lowe, he said, had no doubt done his best in sup- port of the authority which had given him his seat in the Council. He had spoken eloquently at the dictation of his constituent. He fully acknowledged that ' the efforts of the hon. member fromHorbury Terrace [Lowe's Sydney residence], THE CROWN NOMINEE 193 smelling of the lamp as they did and highly considered as they were, were nevertheless efforts of no small merit.' Wentworth, whose great boast it was that he was a native of New South Wales — he was really born in Norfolk Island, which was then, however, under the rule of Sydney — was not likely to let his opponent off lightly for the crime of being what they call in Australia a ' new chum.' In his customary vigorous and antithetical way, he declared that ' all the opposition emanated from persons who were comparative strangers to the land, ignorant of its wants, ignorant of its history, ignorant, in short, of everything connected with it.' This was no doubt intended quite as much for Sir George Gipps as for his eloquent mouthpiece. Dr. Nicholson (now Sir Charles Nicholson, Bart.), a worthy pioneer settler, then one of the members for the district of Port Phillip, said that ' the peroration of the speech of the member from Horbury Terrace was very beauti- ful.' While the leading journal, which only a few days ago had wanted to know who Mr. Lowe was, remarked, the morn- ing after the debate, that ' Mr. Lowe spoke in a strain of elo- quence to which even the learned member for Sydney (Went- worth) was constrained to ascribe no small merit.' On the division, Mr. Windeyer's Bill was carried against the Government by fourteen votes to seven ; but Governors in those days were not what we English understand as Constitu- tional monarchs, for they held the powers of the Czar of Eussia or the President of the United States. Accordingly Sir George Gipps promptly vetoed the measure, and that was the end of it. In the next attempt to remedy the ills of the colony by legislation, the new nominee member assumed the initiative, A select committee had been appointed to inquire into the working of the Insolvency Act, then in force in New South Wales. The committee, which consisted of Dr. Nicholson (the mover) , Mr. Charles Cowper (seconder) , and Messrs. Lowe, Plunkett, Therry, and Wentworth, were indefatigable in the examination of witnesses and the collection of evidence. So serious was VOL. I. o 194 LIFE OF LORD SHEEBROOKE the crisis that the most influential men in the community gave evidence. A report had been drawn up in which, among other thmgs, the aboHtion of imprisonment for debt under final process was recommended. At the same time the Chief Commissioner of Insolvency was to be invested with more extensive powers of committal for acts of glaring dishonesty on the part of insol- vents. A^oluntary assignments in trust for creditors were also advised. This class of legislation, which the Council felt itself impelled to undertake with some degree of precipitancy, shows how very serious the condition of the colony still was towards the close of 1843c In the attempt to amend the Insolvency Act, Robert Lowe, new as he w^as to the colony and the Council, certainly took the principal part. ' In bringing up the report of the committee,' writes Mr. David Blair, ' he earnestly and eloquently urged the abolition of imprisonment for debt ; a measure which subsequently became law, and was the chief distinction of the first session of the Council. A week after this triumph a very important debate took place on the Tariff, in which Eobert Lowe gave eloquent expres- sion to his free-trade proclivities, which had already made him feared and famous at Oxford. The debate in the Council which took place on December 22 was on a motion of Wentworth's to increase the duty on flour from Is. 5d. to half-a-crown per hundredweight. Mr. Lowe said he was altogether opposed to the proposition. He also objected to the manner in which it had been sprung on the Council. He had been told that all his speeches smelt of the lamp ; but he wished that ' on this occasion he could have had an opportunity of consulting that lamp.' Not only had the lion, member for Sydney not given any notice of this proposition, but he had endeavoured, and had nearly succeeded, in lulling the vigilance of the committee and carrying his measure unopposed; for during the whole of the session he (Wentworth) had declared his aversion to all protective and to all prohibitory duties. It was true that, TPIE CROAVN NOMINEE 195 even among the supporters of the proposal, there were differ- ences of opinion as to whether it was protective, or merely for the sake of the revenue. As a matter of fact, the effect would be to tax the bread of the poor for the supposed advantage of a class : already in this city there were hundreds who could with difficulty procure a loaf, and the committee would now take a slice from that loaf. The Legislature had been called upon to relieve those people ; they had assisted them. But it would be mockery now to adopt a measure which would render all that they had before done of no avail. He would remind the House of the fearful consequences of the Corn Laws in England. ' Already civil war threatened the kingdom, class had been raised up against class, discord and discontent uni- versally prevailed, and matters were fast approaching to a crisis which, if the fullest concessions were not made, would, he feared, involve the Monarchy, the aristocracy, the British Con- stitution — all that an Englishman held dear, in one common ruin. He would have the committee pause before they sowed the seed of similar disasters for future generations. This colony had been held up to the world as the refuge for all that was disgraceful to humanity ; let not this Council be held up as the receptacle for antiquated and foolish notions which had been hunted out from every portion of the civilised globe.' This speech thoroughly aroused Wentworth, who, from his former easy ascendency in the Council, had grown somewhat careless of his reputation as a parliamentary debater. To a mind like his, essentially broad, and at the same time comba- tive, the advent of such a speaker as Lowe, who never debated even a local or parochial matter without referring to general principles, was sure to act as a stimulant. It is curious also to notice in this debate that Wentworth in his reply to Lowe practically proclaimed himself a Protectionist. In this matter the ' Australian patriot,' to give him his popular title, proved himself the forerunner of the fiscal policy which has been o2 196 LIFE OF LORD SHERBROOKE accepted by all the Australian colonies, with the exception of his own. No one could possibly read this debate without seemg that if, in after years, under responsible government, Went- worth had been called upon to shape a policy as Prime Minister of New South Wales, it would have been on Protectionist lines. This was the first occasion on which Wentworth and Lowe were fairly matched in an exciting public debate. The older and more experienced man — Wentworth was twenty years Lowe's senior — was elaborately sarcastic in referring to the brilliant oratory of the hon. member from Horbury Terrace, which, although it was ' destitute of the lustre generally com- municated by its previous preparation, was still an effort of much talent.' The leading colonial journal, however, seemed to consider it of a higher order and, on the whole, more effective than Went- worth's own, ' with its usual mixture of elegance and vulgarity, of good sense and coarse abuse.' Lowe's, on the other hand, received unmixed laudation. The session closed on December 28 ; and certainly, in the marvellously short interval from November 8, when he took his seat, the new nominee member had succeeded in making his presence felt in a very marked degree. His triumphs in the Council of course affected his status in the community. At the annual Christmas examination of the students of Sydney College, * Pi. Lowe, Esq., M.C (writes a contemporary chronicler) ' examined the first Greek class, and selected a difficult chorus from the beautiful Greek play.' The other distinguished visitor who presided on the occasion was Judge (now Sh* Alfred) Stephen. Among the pupils were younger branches of Wcntworths and Stephens, and names such as Garrick — familiar enough to the Australians of the present day. Robert Lowe had emerged from a mere person, and become a leading personage of Sydney. Mrs. Lowe, who watched his THE CROWN NOMINEE 197 return to active pursuits with delight, and yet with trepidation, writes ' home ' to friends : ' He scarcely ever reads a line, and I watch him with the most zealous care, for fear he should be tempted to use his eyes. He is so happy now it does me good to look at him.' 198 LIFE OF LORD SHEEBROOKE CHAPTEE XII AT THE SYDNEY BAR Trial of KnatchbuU — Lowe and Judge Burton — Dr. EUiotson of the Zoist — ' Mr. Lowe's Ethics ' Lowe's immediate success as a member of the Council natu- rally directed attention to him as a practising barrister. He had now actively resumed his practice ; but his income from that source was not at first large, for the widespread ruin and general depression had — to use his own happy phrase — * effectually dried up the sources of litigation.' Nor was Eobert Lowe ever at any time the actual leader of the Sydney Bar. In the first place, he never sought more business than he could manage without risk to his eyesight, the imperfect nature of which was in itself a terrible drawback. Anyone who has had experience of a law court may form an idea of the difficulty he must have experienced in getting through the work of a busy day before a judge and jury, with all kinds of papers and documents to be referred to for the examination of witnesses and the sifting of evidence. Such a strain alone must have been exhausting, both mentally and physically. Still, despite this almost insuperable difliculty, he managed to secure a fair share of briefs, and his reputation as an advocate grew year by year, until he certainly became, if not the leader, one of the leading practising barristers in the colony. Nor should it be lightly assumed that his rivals were men of inferior calibre. Wentworth, who was an intellectual giant in any field in which he chose to exercise his powers, had, it is true, retired ; AT THE SYDNEY BAR 199 but there were a number of other men then in active practice in Sydney by no means to be despised, of whom Richard Windeyer and the present Sir Archibald Michie, of Melbourne, may be mentioned. In the beginning of 1844 Eobert Lowe was retained for the defence in a famous murder trial, which I should have pre- ferred to have passed over, as a matter better buried in oblivion, but for the recent, and generally distorted, accounts of it which have appeared both in England and Australia. 1 allude to the trial of John Knatchbull for the murder of Mrs. Jamieson, which took place in Sydney on January 6, 1844. In that popular and entertaining work, Oxford Memories, by the Eev. James Pycroft, there is, in conjunction with various scattered reminiscences of Lord Sherbrooke, an account of this trial, and of the miserable but well-born murderer, which seems to have attracted some attention, especially in Austraha, where it has formed the basis of more than one sensational narrative. Mr. Pycroft declares that Knatchbull was a schoolfellow of Lord Sherbrooke's at Winchester, and that his first offence was the embezzlement of a chronometer, of which he accused a fellow- officer, he being then in the Navy. The accused man managed eventually to bring home the charge to the real culprit, who was tried and transported for the offence. In Australia, says Mr. Pycroft, ' he was at one time the assigned servant of a friend of mine ; and before that, while in barracks, another of my friends officially employed there said he remembered that Knatchbull once came to him, and volunteered for the office of flogger, to accompany him daily on his rounds to administer lashes, as the poor wretches were sentenced on daily complaints ; and a most savage fiogger he was.' Mr. Pycroft goes on to relate that Knatchbull obtained a ticket-of-leave, and that he was kindly treated by an old woman, whom he poisoned to possess himself of her supposed 200 LIFE OF LORD SIIERBROOKE riches, but that all he obtamed was 3s. 6(L Most of this story, despite its circumstantiality, is quite inaccurate. It is, however, only too true that a seafaring man on a ticket-of-leave, known as John Fitch, but who was in reality John Knatchbull, murdered Ellen Jamieson in her own shop in Sydney by cleaving her skull with a tomahawk, and that he was most eloquently, though ineffectually, defended by Eobert Lowe. The trial took place in the Supreme Court, Sydney, on January 25, 1844, before Mr. Justice (afterwards Sir William) Westbrooke Burton. The evidence against the accused was so clear that his counsel did not attempt to dis- prove the murder, but set up a plea of ' moral insanity.' The evidence against Knatchbull at the coroner's inquest on the body of the murdered woman was indeed so over- w'helming that the public verdict was given against him before the actual trial took place. The chief witness was a neighbour, who saw him prowling about the door and then enter the shop. 'I ran over,' he said, 'and found the door locked, and heard some strokes given, as of someone breaking a cocoa-nut with a hammer.' He swore that he saw the prisoner inside at the window, and then gave an alarm to the ' old watchman,' and asked him for assistance ; but he declined, saying, ' Well, what is that to me ? ' Assistance, however, was procured, the back door was broken open, and the murderer was secured literally red- handed. Then the tomahawk was found under the bed, and the man with whom Knatchbull was lodging up to the night of his apprehension swore that the weapon was his property, and had been abstracted from his back j'ard, to which the accused had had access. Furthermore, there was found upon him the pocket of the deceased woman's dress, containing some seventeen pounds in silver and bank notes. The prisoner, being called on for his defence, stated that he had particularly to request the jury not to be led away by AT THE SYDNEY BAR 201 anything they had heard out of doors ; as a jury of free-born Englishmen, he trusted they would give him a fair trial. The coroner briefly summed up, and the jury, after a minute's consultation, returned a verdict of Wilful Murder against John Fitch alias Knatchbull, who was committed to take his trial. The greatest of criminal lawyers might well have felt, under the circumstances, that it was a hopeless case to defend. It was here that the dialectical genius of Lowe came into requisition ; and it may fairly be doubted if any counsel ever set up a more ingenious or a more convincing plea for a man whom he was compelled at the outset to admit w^as guilty of the terrible crime with which he was charged. After solemnly telling the jury that if, after all, ' the slightest doubt should arise in their minds as' to the prisoner's guilt they would be bound to throw all the benefit of that doubt into the scale of mercy,' he continued somewhat in this strain : — It was not his intention, he said, to enter into any circum- stantial details, for the duty which devolved upon him that day was of a very different kind, and he should endeavour to show that, even supposing, for the sake of argument, that the statements of all the preceding witnesses had been true, ' the prisoner was still one of those persons for whom laws had not been made, and who, although for the peace and welfare of society he ought to be placed under the most severe restraint, ought not to be held responsible for his actions.' It was not for the good of society, continued counsel, that the life of any man who could not be held legally responsible for his actions should be taken ; and he must most earnestly impress it upon the minds of the jury that 'they did not sit there merely as the avengers of blood.' It was not, he went on, because a murder had been committed, with the terrible particulars of which the evidence for the Crown had rendered them so familiar, that they necessarily were called upon to avenge that murder by delivering a verdict which would deprive another fellow-creature of life ; for if any circumstances should 202 LIFE OF LOED siierbrook:e have arisen ^Yllicll might reasonably lead them to the conclu- sion that the prisoner (provided he committed the crime at all) had laboured at the time under a condition of mind which rendered him unable to control his own actions — had acted 'mider an invincible and miavoidable necessity ' — they would be doing justice to their country by at once acquitting him upon that ground of the crime laid to his charge. He (Mr. Lowe) would briefly state his own views as to the state of the prisoner's mind, and would leave it to the jury to determine how far he was accountable for his actions. The human mind was so divided m its various faculties that it was not necessary, to constitute insanity, for the person labouring under that misfortune to betray a loss of all his intellect ; for one faculty might have been impaired, vitiated, or indeed totally destroyed, without affecting the strength of the others, and it was very common to find that a person who was perfectly insane on some points was on most others fully possessed of his mental powers. ' Insanity was generally accompanied by a delusion of some kind or another, but there was still a species of insanity which was unaecompanied by such a delusion. Thus, an insanity affecting the intellect of the patient was invariably attended by the frenzied delusions which the disordered state of the intellect could not fail to produce ; while an insanity of the tuill — the other grand division of the human mind — might be unattended by any such outward symptoms of frenzy, and yet might urge on the unhappy person labouring under its influence, with an irre- sistible and overwhelming force, to the commission of crimes which in themselves were of the most atrocious nature, but which under such circumstances could not be said to entail any actual guilt upon the unfortunate perpetrator.' ' ' The similarity between this line of metaphysical defence and that adopted by the Chief Justice of Victoria in defending an Irish barrister and man of letters, who some years ago committed a murder in the streets of Melbourne, must strike all old colonists resident in that city at the time. AT THE SYDNEY BAR 203 In the same metaphysical strain, Mr. Lowe asserted that, in the opinion of the most competent inquirers into the problems of psychology, the human mind could only be affected by the existence of disease in the brain ; and * if disease existed in that portion of the brain wherein the human will had its seat, while the other portion of the brain, in which the intellect of the patient resided, was free from any such disease, it naturally followed that the person so circumstanced might, with a full knowledge of what he was doing, feel compelled — irresistibly compelled — to crimes which, if a perfectly free agent, he would be the last to commit.' ' Such,' continued the learned counsel impressively, ' was the unhappy state of the prisoner at the bar ... He was of good birth, and began life with such fair prospects that he was promoted to a high station — to the rank of a commander in the British Navy — for his gallantry in the service of his country, and it could hardly be credited that, with these fair prospects, with the high parliamentary interests that the prisoner undoubtedly possessed — with every motive, in short, to induce a continuance in probity of action — he should be plunged into such self-created vicissitudes unless labouring under some mental infirmity which paralysed his better nature. The impulse under which the prisoner had acted (if really guilty of the crime laid to his charge) might be almost desig- nated as one of a childish nature, for no man in possession of his faculties would have perpetrated such an offence, with almost a certainty of immediate detection, of which certainty, it was clear from the nature of the evidence adduced by the Crown, the prisoner must have been fully conscious. It was clear that a man who had so acted must have been under the influence of an uncontrollable desire ; for if any determined and more experienced ruffian had been bent upon the crime, he would have taken much better care to secure himself from detection. It had not come out in evidence, but it was true, that the prisoner was to have been married on the following 204 LIFE OF LORD SHERBROOKE morning, and it \Yould be for the jury to determine whether any sane man would prepare to clasp the hand of the bride at the altar by imbruing his own in the blood of another woman ; and whether, if a want of money was supposed to be the motive which actuated him, he had not a much readier mode of sup- plying that want by discounting some of the bills which were found upon his person. . . . He regretted that he was not in a position to call witnesses to testify to the state of the prisoner's mind. It was no great boon that he asked for this un- fortunate man, for even if acquitted upon the ground of insanity, he must be confined for life in a lunatic asylum, as a rightful protection to society against one with so dangerous a disposition. He (Mr. Lowe) was aware of the narrow imagi- nation of our forefathers, which would limit the attention of a jury to the simple fact whether a person charged did or did not commit the crime of which he was accused ; but he could only hope for the dawning of a brighter day, when their attention might be extended also to a full inquiry into the motives which led to that crime.' In a most eloquent peroration he earnestly besought the jury to temper justice with mercy ; and in that spirit he asked whether they could believe that a man with the great' advan- tages originally possessed by the prisoner could have fallen step by step into the lowest depths of degradation unless urged on by some resistless demon of insanity — by whom (if guilty of the crime now laid to his charge) he had been incited to its perpetration. If they found the prisoner guilty of the crime, and yet believed him to have been driven by this insane and irresistible impulse, the ends of justice would no more be answered by making such an irresponsible being expiate his offence on the scaffold than by the public execution of a savage animal. The judge before whom this case was tried — Mr. Justice Burton — was an extremely conscientious man, of good ability as well as high character, but an orthodox Churchman, not AT TPIE SYDNEY BAR 205 given to metaphysical subtleties. In his summing-up he ex- pressed the gravest dissent from the line of argument adopted by the brilliant advocate. It was the first time, he said, that he had ever heard the doctrine broached in a Court of Justice, that a man was not to be held accountable for crime because he had been impelled by an overpowering internal impulse. Mr. Justice Burton then summed~up very strongly against the prisoner, whom the jury declared guilty, and who was there- upon sentenced to death. There is a very curious sequel to this sensational trial. The Zoist, a ' Quarterly Journal of Cerebral Physiology and Mesmerism,' had just been started in London under the auspices of Thackeray's friend, Dr. EUiotson, to whom the great novelist dedicated Penclennis. It was altogether a re- markable publication, on many subjects greatly in advance of the time ; it seized upon the report of the Knatchbull trial and reproduced it verbatim, as showing the inefficiency and barbarism of capital punishment. In the original article with which the editor of the Zoist prefaced this report, he gave a picture of the criminal career of Knatchbull much fuller, and painted in much darker colours, than the more recent sketch by the Eev. James Pycroft. But for all that, Dr. EUiotson argued that Knatchbull's crime was so evidently the result of a debased cerebral organisation, that to hang him was a mere wild act of revenge on the part of society, which was itself responsible for the murder of the unfortunate Mrs. Jamieson. It is not feasible to reprint here the long train of argument by which this apparent paradox was sustained. But the writer was fairly in ecstasies with the line of defence taken by Knatchbull's counsel. ' We felt great pleasure while perusing the speech of Mr. Lowe. It is consolatory to find one voice held up upon the side of mercy in a colony where crime is so frequent and where there is a constant arrival of the worst characters from the mother country.' 206 LIFE OF LORD SHERBROOKE The Zoist then went on to express its surprise and satis- faction that the brilHant barrister should have drawn his arguments ' from our science ; ' adding that he ' laid down the doctrine of philosophical necessity with clearness and precision.' It quoted with marked approval several of the more tellmg appeals from the speech ; and then it lashed with unmeasured scorn the pious remark of Judge Burton in his summing-up, that if * wickedly-disposed men will yield step by step to the approaches of the evil one, they must expect to be led at last by the tempter to that precipice down which it was his desire to cast them.' It is not difficult to imagine what reply Dr. Elliotson made to the Sydney judge. ' It appears to us,' retorted the editor, ' that if a being is seduced by a power which he did not call into existence, and over which he has no control, then there is a very urgent reason presented why he should be exonerated from the consequences of his offence.' By the time that the Zoist reached Sydney, Eobert Lowe had a paper of his own, the Atlas. He accordingly reproduced the article from Dr. Elliotson's journal, which seems to have had the same disquieting effect on the Sydney Morning Herald as the Vestiges of Creation, and later on the Origin of Species, had on the favourite family journals in England in the last generation. But the Herald of that day had a political as weU as a re- ligious object in view, as Eobert Lowe, who had in the mean- time resigned his seat as a Crown nominee in the Council, was then standing for the pastoral constituency of St. Vincent. He was accordingly attacked as an impious person, who might undermine the faith and morals of even its hardy squatters. The Herald in effect revived the question, which Judge Burton originally started, of the irreligious character of Mr. Lowe's defence of Knatchbull. It was opposed, they declared, to the * first principles of Christianity.' This led to a corre- spondence, the essential portion of which is quite worth re- producing. The correspondence was headed : — AT THE SYDNEY BAR 207 The Ethics of Mr. Lowe. To the Editors of the STjclncy Morning Herald. Gentlemen, — Will you oblige me by referring to the report of my speech on the trial of Knatchbull for murder, which, I believe, will be found in the Herald of January 25, 1844, and by pointing out what doctrines it contains opposed to the first principles of Christianity, and what those principles of Christianity are to which you consider those doctrines to be opposed '? I am. Gentlemen, Your obedient servant, Egbert Lowe. Horbury Terrace : March 24, 1845. The editors, little suspecting the practice their antagonist had had in theological disputation at Oxford with Newman and Ward, promptly took up the challenge. They pointed out that Mr. Lowe had opposed the principle of man's free agency, which they considered to be the ' first principle of the Christian religion.' ' It is opposed likewise,' they added, ' to the whole tenour of that sacred history which is designed to exemplify and demonstrate the depths of human depravity, and to assert Eternal Providence, And justify the ways of God to man.' The reply to this fresh attack has been described as a masterpiece of polemical discussion ; it is certainly a very characteristic rejoinder. With the omission of a few paragraphs not essential to the argument, it reads as follows : — ' You bite against a file ! Cease viper.' Sir William Draper to Junius. To the Editors of the Sydney Morning Herald. Gentlemen, — When I asked you to point out the doctrine of Christianity to which my speech was opposed, I expected to be referred to something held by Christians in common, and not to the doctrine of the Wesleyan Sect ; for it may be, gentlemen, that I am not a Wesleyan Methodist, and, not to keep you in further suspense, the fact is that I am a member of the Church of England. You are not ignorant of this, but you probably are ignorant of the Articles of that Church. I therefore beg to subjoin a copy of her 208 LIFE OF LOED SIIERBROOKE tenth Article, and to refer you to the eleventh, twelfth and seven- teenth, which will, I apprehend, show clearly that though you may consider the foundation of the whole system of Divine Government to be man's free agency and consequent responsibility, the Church of England, whose Articles I have repeatedly subscribed, does not. • •••••• Had I foreseen that, in defiance of all usage and all principle, the arguments used to persuade a jury were to be fastened upon me as my own opinions, and used against me for electioneering pur- poses, I would have reported the speech myself. There are many things in that report I never said, but I am in the habit of attach- ing so little weight to what falls from counsel in argument, that I should have thought it ridiculous egotism to meddle with it. This last touch is very characteristic. Nothing seems to have aroused Lowe's contempt at any time more than when a political opponent, or a newspaper, expected him to support, on the hustings or in Parliament, the opinions which he may have expressed as an advocate in a court of law. He was never enamoured of those arts and artifices which are so useful for the winning of verdicts, and spoke of them as ' the tricks of this wretched trade.' It was an aspiring wish of the Arian Milton [he adds in allusion to the Herald's quotation] to ' justify the ways of God to man ; ' but it is a wish which can never be accomplished ; the existence of evil will meet the presumptuous speculator at every turn and fling him back into the shallow nothingness of his nature. ' Dangerous it were,' says the eloquent and judicious Hooker, ' for the feeble brain of man to wade far into the doings of the Most High, whom, although to knoAV be life, and joy to make mention of His Name, yet our soundest knowledge is to know that we know Him not as indeed He is, neither can know Him, and our safest eloquence concerning Him is our silence, when we confess without confession, that His glory is inexplicable. His greatness above our capacity and reach.' ' He is above and we upon earth, therefore it behove th our words to be wary and few.' And now, gentlemen, I have done with you. I ask you for principles, and you give me inferences. I ask you for Christianity, and you give me Methodism. You are now at full liberty to inter this slander l)y the side of his deceased brotlier of last week, and as you seem rather at a loss for something to use against me at the AT THE SYDNEY BAR 209 present time, I will take the liberty of suggesting a few topics myself. I ride a very ugly horse, that clearly proves me an Atheist, for who else could be so insensible to the beauties of the noblest animal of the creation. I live in a very small house, which clearly shows I must have a contracted mind, and I am sometimes knoAni to play at billiards, which shows a strong though, it may perhaps be expe- dient in candour to admit, not quite fully developed propensity for gambling. I am. Gentlemen, Your obedient servant, EoBEBT Lowe. There was a yet more personal and pathetic sequel to this case. In the issue of March 9, 1844, the Sydney Morning Herald printed this brief report in its law notices : — Before Sir James Doivling, Chief Justice. IN THE MATTER OF THE ORPHANS JAMIESON. In this case Mr. Lowe applied by petition to be appointed guardian of these infants, at the same time expressing his willing- ness to give such security as the Court might require. The appli- cation being unopposed was granted by the Court. The two little orphans of the murdered woman — a bo}' and girl — were taken by Mr. and Mrs. Lowe and carefully brought up by them in their own home. Writing to Mrs. Slierbrooke of Oxton, at the close of 1845, when they were living in their own delightful house at Nelson Bay, some few miles out of Sydney, Mrs. Lowe makes this touching reference to the children : ' The little boy and girl, whose mother Knatch- bull murdered, are still with us. The little girl is a great favourite with Eobert ; she reads for him if I am engaged, and is not only clever but an exceedingly good child. The boy, just four years old, is quick and can read a little. They give no trouble, and the servants are very fond of them. The little girl carries my notes and messages, the boy goes with her, and she is as steady and sensible as a grown-up person ; her father died a year before her mother, to whom she seems VOL I. p 210 LIFE OF LORD SIIERBROOKE to have been much attached. The poor Httle thing is quite premature in mind, which I have no doubt may be attributed to her having known so much early sorrow. She talks to the little boy and comforts him if he cries, as if she were his mother.' The sequel of the story is a sad one, and hardly encouraging to philanthropists. Mr. and Mrs. Lowe brought them to England, and they continued to live with them until the girl died at the early age of thirteen. An excellent appointment was obtained for the boy, but he abandoned it without reason, and, after various vicissitudes, went out to New Zealand and served for a while in the colonial forces against the Maoris. Like the proverbial bad coin, he came back and was a source of much trouble and anxiety to his benefactors. It was in reference to him that Lord Sherbrooke made the remark : ' What evil that I have done has ever been visited upon me like this one good action '? ' The story thus simply set forth may, perchance, sound strange to a world which has proclaimed Lord Sherbrooke to be a cynic, a hard man of logic, unemotional and without human feeling. Talking over the matter with Sir John Simon (who had often seen the young Jamiesons), I made some such natural observation as this, when he went on to tell me of many another ' nameless, unremembered act,' which to his knowledge Lord Sherbrooke had performed. * He was not only,' he added impressively, ' the clearest-headed man I ever Jinew, but the best- hearted.' 211 CHAPTER XIII LAYING THE FOUNDATION OF PARLIAMENT Chairman of Committees — The Chaplain — Dr. Lang and State Churches — Breach of Privilege — Duelling in Sydney — Anti-Corn-Law Speech — Parallel between Canada and Australia — Eeport on Education The foundation of Parliamentary Government in Australia was laid by the ' popular ' or representative members of Lord Stanley's Legislative Council, of whom Puobert Lowe became the virtual leader. Through their action the colonists were taught not to be satisfied until they had achieved the rights and privileges of self-governing Englishmen. But to us the most singular side of the story is that the achievement should have been won in great measure by the action of a young English barrister, who, at the outset at least, was merely the nominee of the Governor. If, however, we investigate the proceedings of this single and only partially representative Chamber during its earlier sessions, we shall find that Eobert Lowe did more to secure to colonists the civil and political rights of Englishmen than any other member of the Council. As soon as the session of 1844 opened (May 28th) the Colonial Secretary proposed a gentleman as Chau-man of Com- mittees without salary. Mr. Lowe promptly objected to the election of a chairman unless a salary were placed on the Estimates. In the clearest way he pointed out that by such appointments they were laying, well or ill, the foundations of their parliamentary system. It was essential that the chair- I' 2 212 LITE OF LORD SHEKBROOIvE man should always be in attendance, and the Council could not exact such attendance from an unpaid officer. He there- fore moved an amendment that an address be presented to the Governor, recommending that an item be placed upon the Estimates to meet the salary of the Chairman of Committees. This amendment was duly seconded, but on being put to the vote was lost. Dr. Lang, who subsequently became one of the great champions of Australian autonomy, supported the Government. Two nights afterwards a discussion took place which throws some light on a question which has often been asked as to why public prayers are dispensed with in opening the pro- ceedings of Australian legislatures. It will be seen that the question was settled in what may be termed an agnostic spirit through the irreconcilable views of avowedly religious persons, each of whom would have his own form of prayer or none at all. The subject was introduced by Mr. (after- wards Sir Charles) Cowper, who moved ' That public prayers to Almighty God be offered up daily at the opening of this Council as soon as the Speaker shall have taken the chair ; and that a chaplain, who shall be a clergyman of the Church of England, be appointed by the Speaker to perform this duty.' The Anglicanism of this motion was regarded as an outrage by Dr. Lang, who, as well as being a legislator, was the leading Presbyterian minister in Sydney ; a man whose theology was of the old Covenanting type, to whom prelacy was almost as abhorrent as Popery. After him rose a Mr. Eobinson, then member for Melbourne, who belonged to the Society of Friends; he also objected to Mr. Cowper's motion, though he admitted that the prayers of the Church of England were very beautiful; but he equally objected to Presbyterian prayers. After this Quaker gentleman had had his say, Piobert Lowe got up and made an admirable and quite delightful speech. He said he had not had an oppor- tunity of speaking on this subject last session, l)ut having LAYING THE FOUNDATION OF PARLIAMENT 21 o been brought uj) under the ' hallowed shade of the Church of England,' he should like to say a few words on the subject now. The speech of Mr. Eobmson, he declared, showed how very easy it was to carry the principle contended for by Dr. Lang to an absurdity. The ' honourable and reverend member ' thought he had gone far enough to avoid offence to all, yet he must now be convinced that it would be difficult indeed to stretch the resolution sufficiently to satisfy all the vagaries of the human mind. The Council should therefore adhere to the one principle, that the majority shall bind the rest. At the same time he (Mr, Lowe) objected to the system of the United States of clerical elections, and preferred that the appointment of chaplain should be vested in the Speaker. He thought the words ' clergyman of the Church of England ' in Mr. Cowper's resolution might be omitted ; although he did not anticipate a time when the members of that Church would be in a minority in that Council. Whatever their own par- ticular views were, however, they could not do better than entrust the appointments to the hands of the Speaker. Other leading members spoke, but despite the fact that two-thirds of the Council belonged, like Mr. Cowper, to the Anglican communion, his motion was lost ; and no subse- quent legislature in Australia, I believe, has ever appointed a chaplain or instituted a particular form of public prayer for the opening of its proceedings. It will be seen that Eobert Lowe was in favour of such an appointment under certain conditions, but it may be gravely doubted whether it would much tend to edification while men's minds are so divided on the subject of religion. At the same time, had the two-thirds majority of the Council belonged to any other com- munion than that of the Church of England, they would no doubt have forced their own chaplain and their own form of prayer on the Council. Lowe next took a prominent part in the debate on a motion of Dr. Lang, who had asked for a committee ' to con- 214 LIFE OF LORD SHERBROOKE sider whether any and what changes are necessary m regard to the Presbyterian Church Temporahties Acts of this colony in consequence of the recent disruption of the Church of Scot- land.' Under the former Governor, Sir Eichard Bourke, three State churches instead of one had been endowed in the colony — the Church of England, the Church of Eome, and the Church of Scotland. This was generally regarded as the acme of statesmanship ; but no line of policy, however perfect, could long satisfy so restless a spirit as Dr. Lang, who was of that aggressive Puritan type which the genius of Thomas Carlyle loved to idealise. Having been the chief means of destroying the monopoly of State endowment formerly enjoyed in New South Wales by the Church of England, Dr. Lang had grown tired of the new condition of things, although he himself, as chief j)astor of one of the favoured communions, received direct pecuniary benefit. The Government, he said, should not support religious error — meaning the two other endowed churches. So, anticipatmg the Free Kirk movement in Scotland, he had declined the emoluments from the State and was actively agitating for what is known as the voluntary system. To complicate his position and aggravate his temper, he had recently been deposed by the local Presbyterian Synod. Hence his action in the Legislative Council with regard to the Presbyterian Church Temporalities Acts. * The debate,' remarks Mr. Piusden, the historian of Australia, ' was chiefly remarkable for the castigation which Mr. Robert Lowe administered to Lang.' After observing that he intended ' to call the attention of the Council to what it was they were asked to do — to the ground on which they were asked to do it — and to the quarter from whence that request came,' Lowe turned upon Dr. Lang and fairly de- molished him in a manner not unfamiliar in after years to the House of Commons. LAYING THE FOUNDATION OF PAELIAMENT 215 The Legislative Council had actually presumed to pass this Act during the absence of the hon. gentleman — during the absence of him, the Senior Minister of the Church of Scotland. Presumptuous indeed ! Would they indeed, it was argued, pass an Act regulatmg the Church of England in the absence of the Bishop ? He (Mr. Lowe) very much feared that the hon. gentleman had lost sight of the principles of Presbyterian equality, or had a strong leaning to Pre- lacy when he found him arrogating to himself the powers of Bishop, almost of Pope, under the modest name of Senior Minister They were much obhged to him for furnishing them with an epoch, an era, which would no doubt be as memorable in the Australian,, as the Hegira Avas in Mahometan history. He had informed them that he sailed for London on the very day of the passing of the Church Act. Thus, then, would it stand in chronology : 1836 — Church Act passes — -Dr. Lang flies, not from Mecca to Medina, but from Sydney to London, a feat which has been executed before and since by the same nimble personage. And now, in the eighth year of this Hegira, comes again our Australian Mahomet — not, like his Arabian prototype, girt with his Alls and Omars, but alone in his might, to subvert the institutions of the infidel. This speech hit Dr. Lang on all his most vubierable points, and must have been greatly relished by the other ministers of religion in the colony, especially those of his own persua- sion. Dr. Lang was himself a past master in the art of caustic personal abuse, so telling on the hustings ; hut these were the taunts of a scholar and a gentleman, and the clever men in the House — the Wentworths and Windeyers on his own side, as well as the Crown officials — revelled, he knew, in every thrust. ' Ever afterwards,' writes Mr. Kusden, ' Lang's language towards Lowe was that of obsequiousness, if not servility. Never before had he been known to lick the hand that smote him, though he often snarled at benefactors.' To my mind this displays a personal bias against Dr. Lang as well as a radical misconception of his character. He was a man of undoubted courage, w4io knew not the meaning of fear. But he was of that aggressive type of Scots dominie whose chief delight is to contradict, and, if possible, ' put down,' other people. Such men are very loth to admit any kind of 216 LIFE OF LORD SIIERBROOKE superiority in others ; but they become the trusty clansmen of him who proves his chieftainshii? by the ordeal of personal combat. Dr. Lang crossed swords no more with Kobert Lowe. As he proudly records, he sat with him (one ought, perhaps, to say, in the language of the Conventicle, tmdcr him) on the Select Committee on Public Education. By his change of front on this subject, Lang acknowledged the presence of a mind far superior in grasp and culture, and quite equal in straight- forwardness and honesty, to his own. At the close of this biting oration Lowe made an allusion to a quondam ally of Dr. Lang, a certain Alderman Macder- mott, which led to the question of breach of privilege being raised for the first time in an Australian legislature. So irate was the alderman when he perused his morning newspaper that he sent a challenge to Mr. Lowe, who declined to meet him, chiefly on the ground that as a member of the Council he was responsible solely to that body for his words. He there- fore refused either to apologise or to fight a duel. It may sound somewhat strange to hear of duelling in connection with the annals of such a colony as New South "Wales. But in no British community was the practice more rife, and the curious in such matters would find much to interest them in the accounts of duels fought by prominent public men in the colony, from 1801, when Lieutenant-Colonel Patterson fought Captain Macarthur, down to the encounter between Mr. (after- wards Sir) Alexander Donaldson and Sir Thomas Mitchell in 1851. There was probably no one on whom this practice could entail greater annoyance, not to say danger, than it did on Eobert Lowe, who possessed one endowment and one defect which seem to have irresistibly impelled other men to chal- lenge him — a sharp and witty tongue, and very imperfect eyesight. I do not propose in this narrative to give details of all the LAYING THE FOUNDATION OF PARLIAMENT 217 cases when he was called out. More than one kmdly old colonist has asked me gravely whether I believed that these challenges came from persons who really meant, if they got an opportunity, to murder an almost blind antagonist. I feel no doubt on the pomt ; and it affords one of the strongest illustrations of the essentially immoral nature of duelling. Such discreditable stories were best forgotten. This challenge of Macdermott, however, really marks an epoch in the con- stitutional history of Australia, and the circumstances must therefore be related. Macdermott had been blackballed by the Committee of Management of the Australian Library ; a proceeding which for some reason so disgusted Dr. Lang that he threatened to bring the matter before the Legislative Council on the ground . that the Library was in the receipt of State aid, and should therefore not have dared to blackball any proti'ijc of his. This struck Lowe as a characteristic instance of Dr. Lang's arrogance ; and so he referred to it in the debate on the Church Temporalities Acts, without any feeling of malice towards Macdermott, of whom, in fact, he had not the slightest personal knowledge. But a night or tAvo afterwards, a Dr. Macfarlane called at his house stating that he was the bearer of a letter from Macdermott, which ran as follows : — 8 George Street, Sydney : Friday evening, June 28, 1844. Sir, — My attention has been directed to a paragraph in the Sydney Morning Herald of to-day, in which you are represented as having alluded to me. I beg to inquire with what object such allusion was made. My friend. Dr. Macfarlane, who will deliver you this letter, will receive your reply. I have the honour to be, Sir, Your obedient servant, H. Macdekbjott. To — TiOwe, Esq., Horbm-y Terrace, Sydney. While his unwelcome guest waited, Mr. Lowe glanced at the contents of the missive, and at once expressed his opinion 218 LIFE OF LORD SIIERBROOKE that in sending such a letter Macdermott had been guilty of a breach of privilege ; and then, bowing Dr. Macfarlane out of the door, he requested him to say that he declined to send any answer whatever. The next day about noon, on returning to his chambers in Elizabeth Street, he found his nocturnal visitor and a gentleman, who turned out to be a Captain Moore, awaiting him ; the latter stated that his instructions were to demand an immediate apology or to propose ulterior measures. Mr. Lowe declined either, but condescended to give his explicit reasons for so acting. In the first place he said that, as a member of the supreme Legislature of the colony, he was entitled to full liberty of speech in that Legis- lature — a privilege he intended strenuously to maintain so long as he had the honour to occupy a seat in the Council. He went on to say that, even if this obstacle were removed, he could not think of meeting Macdermott, as he was not his social equal. Macdermott, I may say en passant, had been a private or sergeant in a line regiment. But only those who have no knowledge of the ethics of duelling will fail to see that, in urging this objection, Mr. Lowe was using an argument that would appeal to all duellists of the old school, who never for a moment imagined that anyone but a gentleman had any honour to avenge. After gravely listenmg to these objections Captain Moore again insisted on an apology, which Mr. Lowe again refused to make. Then the captain waxed wroth, whereupon he and his friend were desired to vacate the office. They, however, said they were not going to be turned out, whereupon Mr. Lowe said : ' If you will not go, you will not prevent me from leaving,' and accordingly left his chambers, which they shortly afterwards vacated. After this unpleasant scene he conferred with one or two leading members of the House, and they agreed with him that the only course was to obtain a warrant and have these parties bound over to keep the peace. Mac- dermott and his two friends were therefore apprehended and LAYING THE FOUNDATION OF PARLIA3IENT 219 brought before the Mayor of Sydney. Mr. Lowe was him- self summoned to attend at the PoHce Office to support his case, and a very graphic account he gave of the proceedings in his subsequent speech on the Breach of Privilege question in the Legislative Council. There can be no doubt that public sympathy, as it is loosely termed, was on the side of Macdermott ; however, the case was so clear that the Mayor bound the parties over in 200/. personal security, and two sureties of 1001. each. Mr. Lowe, however, was wanting in neither moral nor physical courage, and he determined at whatever cost to his personal popularity to pursue the matter until he had placed the whole question of the privileges of colonial members of Parliament on a firm and satisfactory footing. In his admir- able speech in the Legislative Council (July 3, 1844), in which there is not a single trace of personal feeling, he placed the subject before his fellow members with great force and clearness. His argument, in brief, was that in a matter of this kind, the Legislative Council possessed the same powers as the House of Commons, and could therefore corhmit any person for insulting a member. In support of this, he par- ticularly referred to a decision of the Privy Council in 1836 relative to the Legislature of Jamaica, in which one Augustus Hardin Beaumont was the appellant, and the Speaker of the House of Assembly, the Provost Marshal, and a number of constables and gaolers, were respondents. He went at length into this case, quoting the entire speech of Mr. Baron Parke in pronouncing the judgment of the Privy Council. All the leading members of the Council took part in the debate, and it was finally decided by a majority of fifteen to thirteen that the Attorney General should prosecute Macder- mott and his friends in the Law Courts. This subsequently fell through, and as the proceedings were needlessly protracted, public interest in the matter gradually died out. At the request of a large number of citizens, the Mayor 220 LIFE OF LORD SIIERBROOKE called a public meeting, and resolutions were passed against the appropriation of public money for the purpose of the prosecution. For the time Lowe was the most unpopular man in the colony ; and the Council, for the action it had taken, shared the opprobrium. But Eobert Lowe cared little for popularity at any time. It was ever the law of his intellectual being to be guided and actuated by broad general principles. As a member of the first Colonial Parlia- ment, he conceived it to be all important that there should be absolute freedom of debate. Those who cheered his opponent and petitioned the Mayor cared for none of these things ; but his unpopularity was as shortlived as a passing cloud, and in a year or two he became the veritable idol of the people of Sydney. I should certainly not have been tempted to dwell at any greater length on these old and, happily, forgotten personal quarrels, had not an Australian gentleman, Mr. Bloxsome, now of Exmouth, kindly sent me the following interesting personal narrative of the first duel in which Mr. Lowe was involved in Sydney. These are Mr. Bloxsome's own words : — * I had the pleasure of Mr. E. Lowe's acquaintance during the whole of his career in N.S.W., though I was only a lad at the time. One circumstance is indelibly impressed upon my memory, namely, that I and a schoolfellow named Bell, in company with my late father (whose guest Mr. Lowe was at the time), pulled him across Sydney Harbour from the North Shore to fight a duel one morning, either in the year 1844 or '45. The duel was to have taken place with Mr, E. Broadhurst, a barrister in Sydney, and I well remember hearing my father say that Mr. Lowe said to him as we were pulling them over in the boat : " They think because I can't see that I can't fight ; but they will find that they are mis- taken." The duel did not take place, owing to the mismanage- ment of Mr. Broadhurst's second, Mr. Horace Flower. Mr. LAYING THE FOUNDATION OF PAELIA3IENT 221 Lowe's second was Captain O'Connell, eldest son of Sir Maurice O'Connell, Commander of the Forces in N.S.W. We landed Mr. Lowe and my father at Woolloomooloo Bay, close to " Tar- mon's," the residence of Sir Maurice O'Connell. My father' said to us lads : " Now, boys, go over to Eobinson's Baths the other side of the Bay, and wait until we come." We, not knowing the errand they were on, waited and waited in the boat until ten o'clock at night, having had nothing to eat all day, and it was not until that hour that Mr. Lowe found it useless waiting any longer, so we all returned to my father's house on the North Shore.' It maybe added that Captain O'Connell shortly afterwards published in the newspapers an account of this affair, which in the main coincides with Mr. Bloxsome's recollections. On showing this letter at the writer's special request to Lord Sherbrooke some few years ago, he characteristically observed with a smile : ' My antagonist must have had a higher opinion of my prowess even than I had myself, as he never appeared on the scene.' It need hardly be observed that such incidents must have been very alarming to Mrs. Lowe, who, in fact, grew more and more fearful lest some catastrophe should befall him. Duelling remained in fashion in Sydney well on to 1850. Like all customs, good or bad, it died a lingering death. We may date its decline from the year 1847, when Mr. (afterwards Sir Charles) Cowper publicly declined to meet Mr. Boyd, a well-known squatter, who had challenged him. The Sydney Morning Herald devoted a leading ai'ticle to the praise of Mr. Cowper, on the ground that he had made a stand against a senseless and often sanguinary custom. Later on in the Session Mr. Lowe, still a Crown nominee, delivered a very important speech in support of his own motion ' that Petitions to Her Majesty and both Houses of Parliament be adopted by this Council humbly praying that they will be 222 LIFE OF LORD SIIERBROOKE pleased to admit corn, the produce of the Austrahan colonies, on the same footing as Canadian corn.' This takes us at a bound to the period of the Corn Laws in England ; and it is curious to note the spectacle of Eobert Lowe in a remote dependency waging war against the Protectionism of Sir Eobert Peel, Lord Stanley, and Mr. Gladstone, then President of the Board of Trade. Mr. Lowe was exceedingly severe on these eminent English statesmen for making a difference, in this matter of the duty on corn, between one colony and another. 'In Australia there was a whole population of British origin ; the greater part of the Canadian population was alien in language and in blood. We had not yet raised our hands against the mother country ; Canada had been recently the scene of rebellion. Canada had never contributed to the welfare of the mother country. Canada had only created expense. This colony, on the other hand, produced an export every year increasing in quantity and becoming more valuable to the mother country by enabling her more successfully to compete in her woollen manufactures with the whole world. If England persisted in this Joseph- and-his-brethren sort of system, she would retain perhaps numerous dependencies, but she would never become the vast united empire which she ought.' The conclusion of this speech can hardly fail to interest certain leading English statesmen even at the present day. ' Simple, however, as the question might appear to us here, and just, as we might imagine, was the claim we urged, that claim had been discussed in the House of Commons, and had l)een rejected. On looking over the debate as reported in the papers, he (Mr. Lowe) was surprised at the manner in which Mr. Gladstone had opposed it ; he almost blushed at the amount of sacrifice which Mr. Gladstone, the liberality of whose views was so well known, had made to party feeling. . . . LAYING THE FOUNDATION OF PARLIAMENT 22 o ' The interests of the colony were never considered, and the question itself was only discussed with a view to the amount of grain this colony was likely to export in proportion to the amount required by Great Britain. . . . ' One of the speakers in the House of Commons, suggested that, however small the effect at first, Australia might export largely after a time and then the interests of the landowners would be affected. This was in truth the only reason ; they forgot that we were Englishmen, and claimed to be placed on a general footing with themselves.' Mr. Lowe was very much in earnest on this question of the duty on Australian corn ; and drew up with his own hand a petition to the House of Commons, which I transcribe not only as a curiosity of colonial political literature, but also as an interesting document for the future historians of Canada and Australia : — ' Mr. Lowe's Parallel between Canada and New South Wales. To the Honourable the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled : — The humble petition of the Legislative Council of NeAv South Wales in Council assembled, Humbly showeth : That your petitioners have learned with feelings of bitter disappoint- ment that your Honourable House has recently refused to extend to them the privilege accorded to Canada of importinii- corn and flour at a nominal duty into England. The wool, the staple export of this colony, is exposed to the rivalry of the whole world, and by its competition has been the means of keeping down the price of the raw material of a most important English manufacture, whereas the heavy duty on Baltic timber, imposed for the protection of Canada, has been felt as a grievous tax on the British householders and shipowners. That your petitioners have contributed nearly a million of money for the coercion of prisoners of the Crown, an object of a purely British character, and upwards of another million to introduce the starving poor of the British Isles into New South Wales as advantageous to the mother country as to the colony, while the 224 LIFE OF LOPtD SHERBROOKE recent rebellion in Canada has cost vast sums to tlie British ■ Treasury, and been followed by the loan of 1,500,000/. for the use of the colony under a Parliamentary guarantee. That the Crown Kevenue was surrendered to Canada in considera- tion of a civil list of 75,000/. in a population of a million and a half, whereas a civil list of 81, GOO/, has been imposed on a population of 170,000, and the revenues are not only not surrendered, but are threatened to be increased, by a strain of the royal prerogative, to treble the present amount. That Canada enjoys the responsible government, while the Colonial Office will not even suspend its decisions to give your petitioners a hearing. That the contiguity of Canada to the corn-growing States of America affords great facility for smuggling grain, which the isolated position of Australia renders impracticable. That this is a settled, Canada a conquered colony. That the population of one is British ; of the other, to a great extent, French. That the laws and manners of England prevail in the one, and those of France in a great part of the other ; and that in none of these points are your petitioners conscious of any inferiority to the Canadians. That the quantity of corn which your petitioners would be likely to import, though of immense consequence to them, would be utterly insignificant to so large a market as that of the United Kingdom. That if the agriculturists of England are sensitive as to the admission of foreign corn, the constituents of your petitioners also have their sensibilities, and great as is the loss which they incur by exclusion from your markets, they feel yet more keenly the ignominious badge of inferiority which the decision of your Honourable House has affixed to them. Your petitioners therefore humbly pray, that your Honourable House will admit wheat, maize, and flour the produce of Australia, into the United Kingdom on the same terras as wheat and flour the produce of Canada. Eobert Lowe liad already taken the first step towards making practically his own the great question of public educa- tion in Australia. Still as a Crown nominee, but exercising, as he did throughout, the greatest jiossible independence of action, he moved for a select committee to inquire into and report upon the state of education in the colony. The select committee was duly appointed, and as its labours have been productive of results of far-reachin<4 and LAYING THE FOUNDATION OF PARLIAMENT 225 historical importance, the names of its members should be given. As the question of education is so intimately mixed up with that of religion, it may be as well to show how the various religious denominations were represented on what was known as Mr. Eobert Lowe's Select Committee. Of the ten members, iive belonged to the Church of England, viz. — Eobert Lowe, Charles Cowper, Eichard Windeyer, Dr. Nichol- son, and Leas Thomson ; two to the Church of Eome : J. H. Plunkett, the Attorney General, and Eoger Therry ; two to the Church of Scotland : Sir Thomas Mitchell and Dr. Lang ; and one to the Society of Friends : Joseph Phelps Eobinson. Mr. Lowe himself acted as Chairman and was, in a very especial sense, the life and soul of the entire com- mittee. The report of this committee, upon which the edu- cational systems of the various colonies have in the main been based, is here given in the Appendix. We are now nearing the close of Eobert Lowe's career as a Crown nominee in the Legislative Council of New South Wales. APPENDIX TO CHAPTER XIII Report of Robert Lowe's Committee on Public Education Extract from the Votes and Proceedings of the Legislative Council , No. 17 (Friday, June 21, 1844) G. Education :— Mr. Lowe, pursuant to notice, moved that a Select Committee be appointed to enquire into, and report upon, the State of Education in this Colony, and to devise the means of placing the educa- tion of youth upon a basis suited to the wants and wishes of this com- munity. Question put and passed, and the following Connnittee appointed accordingly : — Mr, Lowe j Mr. Therry Mr. Cowper Mr. Windeyer Dr. Lang Sir T. L. Mitchell Dr. Nicholson ]Mr. Robinson The Attorney General (Mr. Plun- kett) The Colonial Secretary (Mr. Deas Tliomson) VOL. I. t) 226 LITE OF LORD SIIERBROOKE List of Witnesses Examined James Robert Wilshire, Esq. George Allen, Esq. Rev. Ralpli Mansfield Henry Macderraott, Esq. William Augustine Duncan, Esq. Rev. James Fullerton, LL.D. Rev. Robert AUwood, B.A. Mr. Edward M'Roberts The Most Rev. John Bede Folding, D.D., Roman Catholic Arch- bishop AYilliam Timothy Cape, Esq. Mr. Peter Steel Mr, James Cosgrove Mr. Bartholomew Peter ScanneU Mr. John Hnnter Baillie The Lord Bishop of Australia The Rev. John Saiinders The Rev. Robert Ross Mr. Peter Robertson The Rev. John M'Kenny Charles Kemp, Esq. William Macarthur, Esq. The Select Committee of the Legislative Council appointed on the 21st June, 1844, to enquire into and report upon the State of Education in this Colony, and to devise the means of jplacing the education of youth upon a basis suited to the ivants and -wishes of the community, have agreed to the following report. Your Committee have examined a number of witnesses embodying every shade of religious opinion, and have thus, they believe, brought the question of education, with all its attendant difficulties, fully and fairly before the Cotmcil. The present state of education in this colony your Committee consider extremely deficient. There are about 25,676 children between the ages of four and fourteen years ; of these only 7,642 receive instruction in public schools, and 4,865 in private ones, leaving about 13,000 children, who, as far as your Committee know, are receiving no education at all. The expense of public education is about \l. per head ; an enormous rate after every allowance has been made for the necessary dispersion of the inhabitants of a pastoral country, and the consequent dearness of instruction. While your Committee admit that this deficient state of education is partly attributable to the ignorance, dissolute habits, and avarice of too many of the parents, and partly to the wants of good schoolmasters and school books, they feel bound to express their conviction that a far greater portion of the evil has arisen from the strictly denominational character of the public schools. Many of these schools have indeed attained a considerable degree of excellence under the management and inspection of the clergy, and it would be most unjust to charge upon them those defects in the state of public education which your Committee believe are the natural result of the plan by which that education has been regulated. The first great objection to the denominational system is its expense ; the number of schools in a given locality ought to depend on the number of children requiring instruction which that locality contahas. To admit any otiier principle is to depart from those maxims of wholesome economy upon which public money should always be administered. APPENDIX TO CHAPTER XIII 227 It appears to your Committee impossible not to see that the very •essence of a denominational system is to leave the majority uneducated in order thoroughly to imbue the muaority with peculiar tenets. It is a system always tending to excess or defect, the natural result of which is, that wherever one school is founded, two or three others will arise, not because they are wanted, but because it is feared that proselytes will be made ; and thus a superfluous activity is produced in one place and a total stagnation in another. It is a system impossible to be carried out in a thinly inhabited country, as many of its firmest advocates have admitted to your Connnittee, and being exclusively in the hands of clergy, it places the State in an awkward dilemma of either supplying money whose expenditure it is not permitted to regulate, or of interfering between the clergy and their superiors to the manifest derangement of the whole ecclesiastical polity. It has, indeed, been suggested to your Committee that a denominational system might be allowed to continue in Sydney and the larger towns, while a general one was adopted for the County Districts, but yoiir Committee cannot yield to this suggestion ; convinced as they are of the superiority of a general to a denominational system, and conceiving, for reasons to be stated hereafter, that the present denominational schools may place themselves under the Government Board of Education, and thus continue to derive support from the public fimds, without the slightest stu-render of principle, j^our Committee have thought it better to recom- mend that one uniform system shall be established for the whole of the Colony, and that an adherence to that system shall be made the indispens- able condition imder which alone public aid will be granted. Yoiu- Committee have had imder their consideration two Greneral Systems of Education : the British and Foreign System, and Lord Stanley's system of National Education ; the first of these appears to them to be surrounded with insurmountable difficulties. These difficulties are stated in Mr. Secretary Stanley's letter to the Duke of Leinster of October 1831. ' The determination to enforce in all their schools the reading of the Holy Scriptures, without note or comment, was undoubtedly taken with the purest motives ; with the wish at once to combine religious with moral and literary education, and at the same time not to rmi the risk of wounding the peculiar feelings of any sect by catechetical instruction or comments which might tend to subjects of polemical controversy. But it seemed to have been overlooked that the principles of the Roman Catholic Church were totally at variance with this principle, and that the reading of the Holy Scriptures, without note or comment, by children must be peculiarly obnoxious to a Church which denies even to adults the right of Tuiaided private interpretation of the sacred volume, in articles of religious belief. These views are borne out by the experience of this colony. Wlien the British and Foreign System was proposed in 1839, it was not supposed the Roman Catholics could join in it, and it was intended that a separate system should be established for them. Your Committee are not prepared to recommend a renewal of this project, 228 LIFE OF LORD SHERBROOKE which would perpetuate that which they are most anxious to avoid — the denominational character of public education. Yom' Committee have decided to recommend to the Council Lord Stanley's system of national education, the only plan sufficiently compre- hensive to include both Protestant and Catholic. This system was devised to carry out the recommendation of a committee of the House of Commons in 1828, ' that a system should be adopted which should afford if possible a combined literary and a separate religious education, and should be capable of being so far adapted to the views of different religious persuasions as to render it in truth a system of National Education for the lower classes of the community.' The key-stone of the system is a Board comj)osed of men of high personal character, professing different religious opinions. This Board exercises a complete control over the schools erected imder its auspices, or which, having been already established, place themselves under its management and receive its assistance. The following are the conditions under which aid is granted : — 1. The ordinary school business — during which all the children of whatever denommation they be are required to attend, and which is expected to embrace a competent mimber of lioiu-s in each day — is to consist exclusively of instruction in those branches which belong to a literary and moral education. Such extracts from Scripture as are pre- pared under the sanction of the Board may be used, and are earnestly recommended by the Board to be used diu-mg those hours allotted to this ordinary school biisiness. 2. One day at least in each week (independently of the Smiday) is to be set apart for the religioixs instruction of the children, on which day such pastors, or other persons as are approved of by the parents or guardians of the children, shall have access to them for that purpose, whether those pastors have signed the original application or not. 3. The managers of schools are also expected, should the parents of any of the children desire it, to afford convenient opportunity and facility for the same purpose, either before or after the ordinary school business (as the managers may determine), on other days of the week. 4. Any arrangement of this description that may be made is to be publicly notified in the schools, in order that those children, and those only, may be present at the religious instruction, whose parents and guardians approve of their being so. 5. The reading of the Scriptm-es, either in the Authorised or Douay Version, is regarded as a religious exercise, and as siich is to be confined to those times which are set apart for religious instruction ; the same regulation is also to be obserAed respecting prayer. The following passage from the Eighth Report of the Commissioners of National Education in Ireland, being their report for the year 1841, will also tend to explain the natm'e of the religious instruction imparted under this system : ' It seems still to be sup2)0sed that we prescribe the studies to be pursued ia all national schools, and that we exclude the Scriptures ; but APPENDIX TO CHAPTER XIII 229 the reverse is the fact ; it belongs not to us, but to the local patrons of each to determine the course of instntction to be given therein, subject only to a power in us to prohibit the use of any books which we may deem improper, and so far are we from prohibiting the i;se of the Scriptures that we expressly recognise the right of all patrons to have them used for the purpose of religious instruction in whatever way they may thinlc proper, provided that each school be open to poor children of all commimions, that due regard be had to parental right and authority ; therefore that no child be compelled to attend, or be present at any reUgious instruction to which his parents or guardians object, and that the time for giving it be so fixed that no child be thereby in effect excluded, directly or indirectly, from the other advantages which the school affords. We may add that in very many of the national schools religious instruction is given day by day, as it may be in all if the patrons think proper, by means both of the Holy Scriptm-es and of the approved Catechisms of the Church to which both the children receiving it belong ; but the times for reading the Holy Scriptures and for Catechetical instruction are so arranged as not to interfere with or impede the scientific or secular business of the school ; and no child whose pai'ents or guardians object is requu-ed to be present or take part in those exercises. Still further to show how luiwarrantable it is to represent us as excluding instruction by means of the Holy Scriptures, we request yoiir Excellency's attention to the following extracts from the preface to the Scripture lessons which we have published. These selections are offered not as a siibstitute for the sacred volmne itself, but as an intro- duction to it, and they have been compiled iti the hope of their leading to a more general and more profitable perusal of the Word of God.' ' The Board of Commissioners earnestly and unanimously recommend these lessons to be iised in all schools receivmg aid from them. And to the religious instructors of the children they cheerfully leave, in com- municating instruction, the use of the sacred volume itself, as containing those doctrines and precepts, a knowledge of which must be at the foundation of all true religion. The Law of the Lord is unspotted, con- verting souls ; the testimony of the Lord is faithful, giving wisdom to little ones.' Yom^ Committee would beg to lay before the Council one more passage extracted from a communication from Lord Stanley to the Synod of Ulster : ' His Majesty's Government fully recognises the right of all who choose it to read the Sacred Scriptures, but the exercise of this right in the case of infants must be subject to the control of their parents and natural guardians, and in point of time in the national, as in all other schools, it must be limited by the appropriation of certain hours to certain other branches of study.' From these extracts yoin:* Committee think it will be manifest that the national system is not fairly open to the charge of neglecting religious instruction. It teaches in the ordinary school hours as much of the truths of religion as can be imparted, without entering on controverted subjects, and it offers every facility and encoiu-agement in its power to induce the 230 LIFE OF LOPtD SIIERBROOKE teachers of the different denommations to fill tip the outline by com- mmiicatinf,' to the children those peculiar doctrines which the nature of a general system forbids it to teach. Your Committee cannot but hope that religious teachers of all denominations will feel that this is the direction in which their activity can be most profitably employed, and that they are far more likely to contribute to the spread of true religion and the dis- semination of their own opinions, by co-operating than by competing with this system, which, as it teaches nothing hostile to any sect, and excludes none from teaching their own doctrines, deserves the hostility of none. It has been the good fortune of this system to disarm many opponents and to convert them into its advocates. As an example of this your Committee have much pleasm-e in referruag to the evidence of the Rev. Mr. Saunders (p. 95) who, with others, opposed this system in 1836, and who now most earnestly recommends it. Of the secular instruction communicated imder this sj'stem, your Committee do not think it neces- sary to speak at large. The school books have been compiled with the most admirable care and judgment, and will save much trouble to those in whose hands the management of the system shall be placed. Your Committee have appended to their report (see Appendix) several docimaents with the -view of giving the Covuieil the amplest information in their power, and they feel well convinced that the more the plan is examined the more favourably will it be viewed. Your Committee also trusts that that part of the Protestant commimity which would have preferred the British and Foreign System will ap- preciate the spirit of fairness and impartiaUty to all parties which has actuated them in their present recommendation, and will rather join in promoting a scheme which falls somewhat short of their wishes, than throw obstacles in the way of the only practicable scheme of general instruction. Yoiu' Committee also trust that Christians of aU denomina- tions will feel that the adoption of this sj'stem will tend to soften down sectarian feelings, and to the promotion of union, toleration, and charity. ' In order to carry out their recommendation, your Committee think that a Board should be appointed by the Governor, of persons favourable to the plan proposed, and possessing the confidence of the different denominations. For the success of the undertaking must depend upon the character of the individuals who compose the Board : and upon the security thereby afforded to the comitry that while the interests of religion are not overlooked, the most scmpulous care shall be taken not to interfere with the peculiar tenets of any description of Christian pupils.' To this Board it wiU probably be necessary to attach a salaried secretarj^ ; they should be invested with a very wide discretion as to the arrangements necessarj^ for carrying the system into effect, and all funds to be henceforth applied for the purpose of education should be adminis- tered by them. When such a Board is once constituted, it will be easy for them to select from the mass of valuable information and suggestion contained in the evidence appended to this Report principles to guido them m the execution of their duty. APPENDIX TO CHAPTER XIII 231 Yonr Committee are unwilling to forestall the deliberations of this Board, but they venture to express a hope that, notwithstanding the evidence of many witnesses to the contrary, no compulsion will ever be employed to induce parents to send their children to school. Such a measm-e is hostile to the liberty of the subject and would infallibly rouse a spirit of determined opposition. Your Committee are not prepared to recommend the establishment of local Boards of Education, conceiving that a central Board with an efficient system of inspection will produce results more uniform and satisfactory. The foundation of a Normal or Model School in Sydney, for the training of schoolmasters, appears to your Committee to be an indispensable step ; and the establishment of some general principle, or proportion, according to which the funds of the State are to be advanced, will merit their most serious attention. Your Committee trusts that measures will be taken to counteract the spread of ignorance beyond the limits of location by the appointment of itinerant preachers, and by the distribution of books of a moral and religious tendency, free from sectarianism. They would also call attention to the suggestion made by several of the witnesses with regard to the establishment of Industrial schools, which, if practicable, would seem to be the fittest training that coidd be devised for an Australian settler. Your Committee would also express their opinion, that if it is intended that education should be valued, it must not be gratuitous, at least to those who can pay for it. Yoiu: Committee trusts that the liberality of the Legislature will not allow this important object to fail for want of the requisite pecuniary aid. This aid, they hope, will not exceed by a very large amomit the sum now annually devoted to education, and they feel fully convuaced that no money can be expended by a State to better advantage than that which is appropriated to svich a purpose. Your Committee think that this Board should be incorporated, in order that all property required for educational purposes may vest in them, by which the trouble and expense necessarily attending the vesting of pro- l^erty in trustees will be avoided. ROBERT LOWE, Chairman. Legislative Council Chambers, Sydney : August 28, 1844. 232 LIFE OF LORD SHERBROOKE CHAPTEE XIV CKEATION OF THE COLONY OF VICTORIA Eobert Lowe's ' Separation ' Speech — Eesigns his Seat as Crown Nominee — Sir C. Gavan Duffy's Comments on Irish and Victorian ' Home Eule ' — Lowe's alleged ' Pedantry ' — Account of the Eupture with Sir George Gipps At this period the whole of Eastern AustraUa was known as New South Wales. What are now the separate colonies of Victoria and Queensland were then the Port Phillip and Moreton Bay districts of New South Whales. From the time that Sir Thomas Mitchell went south, and explored what he termed ' Australia Felix,' a steady influx had set in of younger sons of good English families and impoverished Scottish and Irish country gentlemen ; these settled on the rich pasture-lands in various parts of Port Phillip, and became the pioneers of the present colony of Victoria. In this first Australian Parliament — the old Sydney Legislative Council — the district of Port Phillip had a re- presentation of six members, of whom no less than three were citizens of Sydney — a city not only hundreds of miles distant, but, from the lack of means of communication, practically in another continent. So radically dissatisfied were the people of Port Phillip, and especially the citizens of the rising towns of Melbourne and Geelong, with being politically a mere adjunct of Sydney, that the one qualifica- tion they insisted on from anyone aspiring to represent them in the Legislative Council was that he should vote straight on the Separation question. They demanded at once, not CREATION OF THE COLONY OF VICTOEIA 266 only Home Eule, but its logical outcome, entire separation from New South Wales. These six Port Phillip members therefore, were, in a very strict sense, delegates ; but among their number were men of first-rate political capacity, notably Dr. Lang, who has already been mentioned, and Dr. (now Sir Charles) Nicholson. Dr. Nicholson, indeed, succeeded the Hon. Alexander Macleay, and became the second Speaker of the infant Parliament. Dr. Lang — John Dunmore Lang — has a claim to be con- sidered the political parent both of Victoria and Queensland. At all events he was the most prominent public man of Sydney who restlessly urged, and was mainly instrumental in achieving, autonomy for those provinces, now grown into great Australian States. Such a line of conduct was intensely unpopular in official circles in Sydney- — which no doubt gave it additional zest in Dr. Lang's eyes. For some time a movement had been gain- ing ground for what was called the ' financial separation ' of the Port Phillip district from the mother colony. The argu- ments in favour of this step were very forcibly brought before the Council by Mr. John Phelps Piobinson, a member of the Society of Friends, then one of the representatives of Melbourne. Finally matters came to a head, and on August 20, 1844, Dr. Lang proposed, and Mr. Eobinson seconded, a resolution for the separation of Port Phihip from New South Wales, and its erection into a distinct and independent colony. In moving this resolution Dr. Lang, who had evidently primed himself for the occasion by an exhaustive study of the history of colonisation from the time of the Greeks, delivered an oration whose report spread over many columns of the Herald. This speech was no doubt intended to be a monu- mental effort ; but, as a matter of fact. Dr. Lang was one of those highly-effective popular orators, idolised on the hust- ings, with their ready retorts and vulgarly humorous allusions, who generally fail on a great occasion before a select or 234 LIFE OF LORD SHERBROOKE educated audience. Much of his speech was clearly beside the mark, and it was so interminably long and ill-arranged that, despite his vigorous delivery, it must have wearied the Council. The seconder of the resolution was the Quaker member, Mr. Eobinson, who stuck close to the financial aspects of the question, and showed how much Port Phillip contributed to the general revenue, and how little she got out of it in the way of public works. There was an ominous silence on the Government benches. It is true that the Colonial Secretary, Mr. Deas Thomson, from an unflinching sense of duty, rose and attempted something in the nature of a tentative reply to the Port Phillip separatists. Dr. Bland, one of the popular Opposition members for Sydney, also opposed the resolution as premature. Dr. Nicholson ably supported his colleagues, Lang and Eobinson, and maintained the desira- bility of a much more extended subdivision of the Australian provinces. Then there was another ominous pause, when suddenly the far too independent Crown nominee rose, and made his breach with Sir George Gipps absolutely final by delivering a really memorable speech against the Government, and in favour of the separation of Port Phillip. After a few preliminary sentences, in which he disclaimed agreement with ' the theory of endless provincial subdivision ' which Dr. Nicholson had mooted, Eobert Lowe uttered the famous declaration : — As a general rule, the interests of the Colonies are not consulted by frittering them away into minute particles, but by combining as large a territory into a single State as could be effectually controlled by a single Government. I cordially agree in the abstract truth of the motto prefixed to the article in the newspaper of this morning, that ' Union is strength,' ' and I would extend that principle to the whole Colonial Empire of Great Britain. I hold and believe that the time is not remote when Great Britain will give up the idea ' The Sydney Morning Herald, which strongly opposed the separation of Port riiillip. CREATION OF THE COLONY OF VICTORIA 235 of treating the dependencies of the Crown as children, to be cast adrift by their parent as soon as they arrive at manhood, and sub- stitute for it the far wiser and nobler policy of knitting herself and her Colonies into one mighty Confederacy, girdling the earth in its whole circumference, and confident against the world in arts and arms. Nevertheless, he went on to argue, the separation of Port Phillip from New South Wales was inevitable, though he dreaded ' that the result might be a war of tariffs and restrictive duties, which he held in utter horror and aversion.' Delivered in a mere provincial assembl}^ this speech rose to truly Imperial heights. Unhke most eloquent speeches, it bore fruit, for in a very few years the new colony of Vic- toria — named by its own wish after the Queen — came into being. On going to division, Dr. Lang's motion was lost by 19 votes to 6, the minority consisting of the five Port Phillip delegates and Mr. Lowe. On the rejection of his motion, it occurred to the inde- fatigable Dr. Lang, that as the Port Phillip members were unanimous, a most effective petition on the subject might be sent to the Queen. This he accordingly drew up, and he and all his colleagues signed it. Lord Stanley sent back a favourable reply ; but some subsequent delays ensued owing to a change in the English Ministry, and the transformation of the district of Port Phillip into the colony of Victoria was not proclaimed until July 1, 1851. To the Sydney Moniing Herald the speech and vote .of Mr. Lowe on this occasion were quite unaccountable. That respectable journal could only attribute it to his intention of offering himself for a Port Phillip constituency. Of course, this motive had nothing whatever to do with his conduct ; but every thoughtful Victorian must have a feeling of regret that this distinguished English statesman, who played so leading a part in obtaining the creation of the colony, did not, when 236 LIFE OF LORD SHERBROOKE he became a representative member, sit for one of the Port PhilHp constituencies. Pieferring to this subject of the separation of Port PhiUip, Sir Charles Gavan Duffy, then a Victorian colonist, thus characterised Lord Sherbrooke's action : — The motion was supported by the representatives of the district, but opposed by all the members for New South Wales, with a single exception, but a memorable one — that of Eobert Lowe, who is now employing his great powers upon a more conspicuous stage. ^ But in a more recent allusion to this circumstance Sir Charles, in an article in advocacy of Irish Home Eule, clearly insinuates that Lord Sherbrooke, as the former supporter of Port Phillip separation, was inconsistent in his opposition to Mr. Gladstone's present Irish policy : — Eobert Lowe, then a practising barrister in Sydney, who was not a political pedant in colonial affairs, considered the union between Port Phillip and New South Wales an injustice and a grievance, and voted for its immediate repeal.^ This seems to imply that it is political pedantry to decline to support Irish Home Eule if one has strongly upheld the policy of dividing a colony into two. But from his valuable Victorian and Irish experiences Sir Charles, of all men, should recognise that there is no analogy between the two cases. Port Phillip demanded, with complete unanimity, through her six delegates, not merely Home Eule, but absolute separation from New South Wales. Eobert Lowe, though a New South Wales member and a Crown nominee, swayed by the justice of the claim, supported it, as his speech shows, on the broadest of Imperial lines. W^ill Sir Charles Duffy tell us, as he quotes this colonial illustration of the benefits of Home Eule to Victoria — Does Ireland, or does she not, demand complete separation from England as Port Phillip did from New South ' Melbourne Eevieto, October 1876. - ' An Australian Example,' by Sir C. Gavan Duiiy, K.C.M.G. {Contemporary Eeview, January 1888). CREATION OF THE COLONY OF VICTORIA 237 Wales ? If not, then there is no analogy at ah between her case and that of Port Phillip. Eobert Lowe was clearly of opinion in 1844 that the 20,000 inhabitants of that district should be altogether severed politically from New South Wales ; and it is needless to say that since 1851 Victoria has been as inde- pendent of New South Wales as Canada is of France, or the United States of England. It is doubtless because Lord Sherbrooke believed that the logical if not inevitable outcome of the Home Eule pohcy is the total separation of Ireland from Great Britain that he declined, not from political pedantry, but from a profound feeling of patriotism, to follow his former leader down the steep declivity. A week after the delivery of his speech in favour of the separation of Port Phillip, Eobert Lowe presented the Eeport of the Select Committee on Education (see Appendix, Chapter XIII.), and moved that it be printed, and taken into con- sideration on the Tuesday week following. He then made this brief announcement of the resignation of his seat as a nominee member of the Legislative Council : — It Avill not be in my power to take charge of the Eeport on that day, because, having performed the task of preparing it which the Council had done me the honour of delegating to me, it is my in- tention immediately to resign my seat as a nominee of the Crown in Council. I regret this the less, however, as I am convinced from the zeal and earnestness with which the inquiry has been prosecuted by the other members of the committee that these measures could not be in better hands than theirs. As to the reasons which have induced me to take this step, it is unnecessary here to state them. I would simply repeat my former assertion, that I entered the House unfettered and unpledged, and I would add that I now leave it without any communication on the subject, direct or indirect, with His Excellency the Governor. The question that the Eeport be printed was put and carried. Thus ended for the time being Lowe's connection with the Legislative Council of New South AVales. His resignation of his seat as a Crown nominee took place on 238 LIFE OF LORD SHERBROOKE August 30, 1844 — less than two years after his arrival in the colony, and less than one from the time of his nomination by Sir George Gipps. Yet what a mark he had made in the political history of Australia during that brief period ! In addition to the independence of his action in the Council, where he found himself compelled on most questions to support the Opposition against the Government officials, there was also a private misunderstanding between Mr. Lowe and Sir George Gipps. It is an old story, which has been often told, but generally with gross inaccuracy. Shortly after Mr. and Mrs. Lowe had taken up their residence in Sydney, and were still constant visitors at Government House, certain damaging reports were spread about some persons who also enjoyed the entree. These reports were believed by the Lowes but ignored by Sir George Gipps, who continued to invite the discredited persons ; whereupon Mr. and Mrs. Lowe ceased to accept further Viceregal invitations. Accord- ingly, those who could not otherwise understand Mr. Lowe's opposition to Sir George Gipps's officials in the Council attributed it to this private misunderstanding. Such persons realised that for a Crown nominee to act with independence w^as not the way to achieve a salaried post in the Council — and for what other reason Mr. Lowe had entered the Council they were at a loss to see. Mr. Eoger Therry, the chief courtier of Sir Eichard Bourke, who at first found some difficulty in winning his way into the good graces of his more rugged successor, Sir George Gipps, seized the opportunity to make an attack on Lowe for his in- dependent action as a Crown nominee, purely as a means of ingratiating himself with the Governor. It was, he said, like the adder which stung its benefactor to death. Wentworth gave this taunt currency at the Sydney election of 1848, when Lowe opposed him. He even said that this absurd attack drove Lowe out of the Council. The facts are plain enough : Lowe resigned his onerous nominee membership, finding his CREATION OF THE COLONY OF VICTORIA 239 views quite irreconcilable with those of Sir George Gipps, who had appointed him. The remark of a pliant Irish lawyer, eager for fresh, highly-paid employment, which the Governor alone could bestow, had no effect whatever in determining Lowe's resignation. He may have well felt some amazement at such a speech coming from such a quarter. Imagine Bishop Ken, or some other stout old Nonjuror, accused of venality by the veritable Vicar of Bray ! Yet this story of Therry has been given over and over again as the reason of Lowe's resignation. Years afterwards, on his return to England, Lowe described the anomalous position of a Crown nominee in his terse and most felicitous manner : ' If I voted with the Government I was in danger of being reproached as a mere tool ; and if I voted with the Opposition, as I did on most questions, I was reproached by the officials as a traitor to the Government. In fact I was in this position — if I voted with the Government I was taunted with being a slave ; and if I voted against them I was taunted with being a traitor.' AVhen, in the year 1845, Mr. Lowe sought to represent the constituency of St. Vincent and Auckland, the Sydney JSIorning Herald, which for some reason opposed his election, declared that he was a mere place-hunter, and that he had resigned his seat as a Crown nominee simply because he differed from the Governor ' on a question of etiquette.' Such a man, actuated by mere pique, would (the Herald feared), if it suited him, rush into the Governor's arms, and forget his pledges to the people. To this newspaper attack Lowe, contrary to his custom, replied, and at some length : — Place-hunters, men of no fixed principle, and sycophants do not usually quarrel with governors on points of etiquette, or make their support conditional upon being allowed to exclude whomsoever they please from their houses. I may be servile, or I may be dicta- torial, but I cannot be both. He then reviews his conduct while sitting in the Council 240 LIFE OF LOED SIIERBROOKE as a Crown nominee in words that must remain his best defence, if, indeed, any defence be necessary" : — I never was a thick-and-thin supporter of the Governor, nor yet in Council was I his bitterest opponent. I entered the Council sin- cerely anxious to do my duty to the country, and voted against the Government on the Water Police Bill, my vote turning the scale against them, almost immediately after I was appointed nominee ; this is at the very time when, according to you, I was qualifying for the office of Groom of the Stole. When 1 found the Governor and Council brought into direct collision with each other, I resigned my seat, feeling a repugnance to vote systematically against the person to whom I owed it, and being firmly determined not to injure the country for whom I held it. Those who, like you, habitually seek for the most paltry and miserable motives for the conduct of public men, will of course attach no credit to my assertion ; but there are spirits more honourable and generous than you, who will believe me when I say that my conduct in Council would have been precisely the same had no private difference existed between the Governor and myself. Nothing can possibly be added to this statement ; it may be accepted as an absolutely truthful summary of his motives and pubHc conduct during the brief time that he sat as a Crown nominee in the first AustraHan Parliament. The rupture between Mr. Lowe and Sir George Gipps grew wider after the former re-entered the Legislative Council as a ' popular,' or elected, member. Li a very short time Lowe became the leader of that dangerous Opposition which Sir George had at one time hoped he would have been the means of overthrowing. This of course gave point and piquancy to the oft-repeated tale that it was on a mere question of etiquette that Robert Lowe had quarrelled with the Governor. It is now quite five-and-forty years since Sir George Gipps was laid to rest in the cloisters of Canterbury, followed a few years afterwards by his friend. Bishop Broughton, who died at the house of Lady Gipps, and is also buried in that great cathedral. Of the Governor's political opponents, W^entworth, Windeyer, Cowper, Lang, all have long since passed awa}^ ; and to these we must now add Lord Sherbrooke himself. Under CREATION OF THE COLONY OF VICTORIA 241 the circumstances, one touches as hghtly as possible on the private feuds and personal quarrels of that old fierce time in Sydney. Lord Sherbrooke himself said to me some few years ago : ' It "Was always a great regret to me that I had been compelled to oppose Sir George Gipps so strongly, as he had always been personally most kind.' ' APPENDIX Speech delivered by Robert Loive in the Debate on the Seioaration of Port Phillij). Legislative Council, Sydney, August 20, 1844. Mr. Lowe said that far different from his friend, Dr. Nicliolson, was his theory with regard to the prosperity of the Colonies, As a general rule, the interests of the Colonies were not consulted by frittering them away into minute particles, but by combining as large a territory into a single State as could be effectually controlled by a single Government. He cordially agi'eed in the abstract truth of the motto prefixed to the article in the newspaper of this morning, that ' Union is strength,' and he would extend that principle to the whole Colonial Empire of Great Britain. He held and believed that the time was not remote when Great Britain would give up the idea of treating the dependencies of the Crown as children, to be cast adrift by their parent as soon as they arrive at manhood, and substitute for it the far wiser and nobler policy of knitting herself and her Colonies into one mighty Confederacy, girdling the earth in its whole cir- cumference, and confident against the world in arts and arms. Neither could he agree that the separation would be otherwise than injurious, in some extent, at least, to New South Wales. It implied the loss of a fertile and wealthy province, already paying much more into the Treasury than it drew out of it ; and he was also fearftil that a separation might be at- tended with that animosity and ill-feeling which were so apt to prevail between neighbouring States, and that the result might be a war of tariffs and restrictive duties, which he held in utter horror and aversion ; but still, compelled by the force of truth and justice, he was bound to say that these considerations came too late. When the district was first settled, it became the duty of Government to consider, and they doubtless did consider, what was to be its future destiny, and he firmly believed that that destiny was separation. He could not agree in the wisdom of the decision, but it was too late to object now. The district had been placed out of the jiu-isdiction of the Sydney courts ; its boundaries had been defined, its accounts kept separate from the first ; it was provided with officers presiding over every department of the Service ; the machinery was ready — all that was needed was independence. It was ' See Australia and the Empire, chap, i., ' Robert Lowe in Sydney.' VOL. I. R 242 LIFE OF LORD STIEPtBROOKE not natural, it was not reasonable, that any community of Englishmen should remain content with such a state of things — they would be despicable if they did so. It was the essence of a good Executive Government that it should be well acquainted with the concerns of its subjects, and they with it ; that it should act upon public opinion, and be reacted upon in its tiurn. How were these conditions of good government realised for Port Phillip '? The Executive knew little of the province, the province less of the Execu- tive. The very arrangements of the post, which only gave a few hours for answermg a letter, rendered it impossible that due consideration shoulel be given to matters of urgency. The system might now be able to be improved, but it had prevailed for years. The representation assigned to Port Phillip in that Council was a still gi'eater evil. If Lord Chatham was right in saying that the idea of virtual representation was contempt- ible ; how much more contemptible was the actual representation of Port Philhp. He did not scruple to say it was no representation at all ; he granted the ability of these gentlemen, but what was their local knowledge ; they did not profess to possess it. Representation in his opinion meant something more than the sending persons to vote and speak in a popular assembly ; it meant the power and opportunity of sending persons well acquainted with the wants and wishes of the community, of which they formed a part, and able to turn that knowledge to the best accomit in every emergency that arose. That power, that opportunity, was denied to Port Phillip. Suppose that Port PhiUip were separated from this colony and annexed to Canada, with the right of sending six representatives to its Assembly. They might, no doubt, find six Canadians who would take the office on themselves, but was that representation ? And if not, what w'as the practical difference between Canada and Sydney '? The last and most intolerable evil he would mention was that Port Phillip was the dependent of a dependency ; was governed by a viceroy's vicegerent ; was saddled with a double evil of two absentee governments. Did the Council adopt his language, they would say to Port Phillip : ' We have eaten too long the bitter bread of dependence to wish to have de- pendents of our own ; we have felt too long the evil of having our money spent on British objects, to wish to spend the money of others ; we have felt too long the evil of being governed by strangers from England, to wish to intrude strangers upon you.' If they hold this language, they would be indeed applying the golden rule of Christianit}^ which is true in politics as in morals. He believed with the Colonial Secretary that Separation would be eventually carried, and he did not believe that any vote of that House would either accelerate or retard it ; but they also had justice to ask, they also had grievances to redress. And if they failed in their petition, the}' would have the bitter reflection that they were only receiving back in their bosom the same measure which they had meted to their brethi-en. 243 CHAPTER XV THE EDUCATION QUESTION Sir Richard Bourke and Lord Stanley's Irish National System —Attitude of Dr. UUathorne —Robert Lowe becomes its chief advocate — First Speech to the people of Sydney — Roger Therry and M. Guizot — Mr. Lowe and the Council checkmated On the base of the statue of Sir Eichard Bourke in Sydney may be read these words : — He established rehgious equahty on a just and firm basis, and sought to provide for all, without distinction of sect, a sound and adequate system of national education. It is true enough that he ' sought,' l)ut through no fault of his own he failed to ' provide ' such an unsectarian system of national education, which was avowedly based on Lord Stanley's Irish scheme. Sir Eichard was Governor-General of New South Wales and its dependencies from 1831-1837, when he was succeeded by Sir George Gipps. It is not a little astonishing to find that the chief sup- porter of this plan of unsectarian education, which Sir Eichard Bourke first tried to introduce into Australia, should have been the Eoman Catholic Vicar-General, Dr. UUathorne, after- wards Bishop of Birmingham. It was also supported then, and afterwards in the time of Sir George Gipps, by the two leading Eoman Catholic laymen in the colony, Mr. Eoger Therry and Mr. John Hubert Plunkett, both of whom were originally sent out to Australia as high officials by the English Whig Government, then in alliance with Daniel O'Connell. Plunkett was a high-minded gentleman of strong religious 244 LIFE OF LORD SHEEBROOKE convictions ; so that his unwavering support of a system of education now denounced as ' godless ' is almost as note- worthy as that of Dr. Ullathorne himself. It was doubtless the co-operation of these three leading Eoman Catholics ^ which aroused the suspicious ire of Dr. Lang, and other influential Protestant public men in the colony, who contrived to defeat the well-laid plan of Sir Eichard Bourke. It was inevitable that such a body as the newly constituted Legislative Council, under Sir George Gipps, should revive the subject of public education. All that was wanted was a popular leader, who had now turned up in the person of Eobert Lowe. Unfortunately, after procuring the select committee and presenting its report (which was, in a very special sense, his own), Lowe felt himself compelled to resign his seat. This was a severe loss to the cause of which he was the champion. After Lowe's retirement from the Council, Mr. Eobinson, the Quaker member for Port Phillip, moved a series of resolutions, based on the report of the select committee, in favour of establishing a national unsectarian system of education to be controlled by a Board whose members should represent the various religious bodies. It was on the occasion of this debate that Dr. Lang, who had been converted from sectarianism, spoke, he tells us, for three hours, ' during the whole of which time Mr. Lowe was present in the House.' But if Eobert Lowe's voice was silent within the walls of the Council, it was raised for the first time, and most effec- ' Mr. Kusclen's more subtle explanation of this compact is, that Sir Richard Bourke was actuated by the i^olicy of his Whig masters in Lord Melbourne's Cabinet : ' In his speech to the Council in 1833, he (Sir Eichard) was able to say that he had it " in command from the Secretary of State to represent their wants " ; and to promise the co-operation of that functionary in giving assistance to Koman Catholic schools, and appointing additional Eoman Catholic chaplains. Thus early did the Whigs bid for support in Ireland by offers of colonial patronage. . . . Between .January 1832 and December 1835, they paid " outfit and passage " for nine Eoman Catholic priests and catechists. In the same period, they paid outfit and passage for one clergj-man of the Church of England.' — History of Australia, vol. ii. pp. 14 1-5. THE EDUCATION QUESTION 245 tively, on this education question, at public meetings in the city of Sydney. The first of these meetings was convened by the Mayor, Mr. J. W. Wilshire, at the request of a number of citizens, and took place on September 2, 1844, at the Sydney theatre. Lowe's experiences on his first attempt to address a mass meetmg in the colony were by no means pleasant. In fact, he and most of the speakers were refused a hearing. The following attempt to report him on this occasion will convey some notion of his rowdy audience : — Mr. Lowe came forward to move the first Eesolution [hisses]. As Chairman of the Select Committee of the Legislative Council [cries of imvilc(je ! i^rivllegc /] appointed to inquire into and report upon the subject of education, he had thought that it was only right to come forward and to propose a Eesolution which was one step towards the carrying out of the recommendations of that Committee, which had been submitted to the public in various ways, and which he had no doubt that those present were prepared to discuss with him. [Uproar.] After several other persistent attempts to obtain a hearing, he was completely howled down. One or two Eoman Catholic priests and a journalist of that persuasion here mounted the platform, and secured some degree of tranquillity for a time. Mr. Lowe, despairing, however, of a hearing, concluded by simply moving the resolution : — That it is the duty of the State in every Christian community to provide the means of a good Common Education to be conducted agreeably to the principles of the Christian religion. The only speaker who succeeded that evening in getting a hearing was the Eev. J. M'Encroe, a well-known Eoman Catholic priest, who denounced at great length the judge and packed jury who had tried Daniel O'Connell — which, as the Mayor mildly pointed out, had no very direct bearing on the subject in hand. The inevitable result of this disgraceful proceeding was to enlist on the side of Mr. Lowe the sympathies of that 246 LIFE OF LORD SIIERBROOKE large but undemonstrative body of people who happily exist in every British community, but who do not turn up at public meetings, nor under excitement revert to the harsh noises of primeval man. Several letters in the press, written evidently by this better type of citizen, attest the general in- dignation that was felt at the ungracious reception accorded to Mr. Lowe and his friends. But the Mayor of Sydney — to the end of the chapter a strong supporter — was not the man to rest content with this abortive effort, and accordingly he convened a second meeting, which was held on the following Saturday afternoon at three o'clock in the theatre of the School of Arts. The chief speaker was again Mr. Lowe, and on this occasion he experienced an enthusiastic welcome and was accorded a most respectful hearing. This speech may therefore be considered as his first public address to the people of Sydney. It was in every sense worthy of himself and of the occasion. The following synopsis furnishes the best commentary on the report of the select committee, and will show the great difficulties which he and his colleagues were contending against in a sparsely populated pastoral country like New South Wales — ' sown,' as it had been, with the ' rotten seed ' of convictism — in their efforts to preserve the rising generation from lapsing into unadulterated savagery. After explaining at some length the object and practical work- ing of Lord Stanley's system, Mr. Lowe thus proceeded : — Such a system was especially adapted to a community like that of New South Wales, not only from its fairness to all, but on account of its ductility and plasticity, which Avould enable it to adapt itself to the great variety of religious denominations into which the people were divided. The system which was now proposed required no compromise, unless, indeed, it should be argued by any that rehgious instruction alone should occupy all the hours of every day which were passed in the school by the child. He had himself been at school in former years, and he knew well that if he had attempted to devote the whole of his time, day after day, to reading the Bible instead of attending to his other studies, he should have been well flogged — and well he would have deserved it, and the only objection THE EDUCATIOX QUESTION 247 which anyone could urge against the system was that the Bible was not the subject of everyday study. He thought it an advantage that the schools should be under the control of a Board rather than under that of isolated and antagonistic clergymen. Twenty-one witnesses have been examined by the Select Committee, seven of whom were in favour of a Denominational System, while fourteen advocated a general system of education. Among these seven, too, it must be recollected, there were those who had been called, not so much to ascertain what system might best be introduced, but what terms they were willing to accede to ; such were the Lord Bishop of Australia (Dr. Broughton), Archbishop Folding and Mr. M'Kenny, the head of the Wesleyan Connexion. The Committee did not expect that these witnesses would assent to any proposition of a general system ; they wished only to ascertain their opinions as to the state of education in the colony — to hear from them the means they would suggest to remedy evils the existence of which all acknowledged, so that they might lay the matter before the Council, fully and fairly, exhibiting all the dangers and all the difficulties against which we have to contend. But the evidence of the two most important witnesses in favour of Denominational education did not militate much against the general unsectarian system which the committee proposed. Mr. Lowe then proceeded to read from the official records of the Legislative Council the report of the evidence of Dr. Broughton, the English Bishop, and — what was more to the point — that of the Roman Catholic Archbishop, Dr. Folding. When we bear in mind that Dr. Folding, unlike the former Vicar-General, Dr. Ullathorne, was an avowed enemy of the general, or unsectarian, system, his admissions in favour of Lord Stanley's Irish scheme are well deserving of reproduction. Dr. Nicholson, a member of the special committee, asked if the Archbishop were acquainted with the Irish system of edu- cation. The Archbishop replied that he was ; and he was then requested to state his views of that system. ' I think,' he said, ' it is a system well devised for the circum- stances under which Ireland is placed. It is not, I acknowledge, the system I would adopt, nor do I believe that any person in my situa- tion would adopt it voluntarily. Still, there are advantages attending it. The bringing up of the children together — the ex- clusion of books which misrepresent religious tenets ; which teach 248 LIFE OF LORD SHERBEOOKE children to hate, and to hold others in contempt by reason of such misrepresentation ; which teach them practically that a lie loses the odiousness of its character in such matters, and perjury its dreadful wickedness ; and the abstraction of the food of religious prejudices, which tend so much to sour society and to alienate men from each other. These are advantages which cannot be estimated too highly.' On the platform, supporting the Mayor and Mr. Lowe, was a remarkable and motley group, including Dr. Lang, Mr. Eoger Therry (still staunch to the cause of unsectarianism) , and Mr. Lowe's old duelling antagonist, Alderman Macdermott. By far the most important speech after Lowe's was that of Eoger Therry. He was a somewhat subtle and obsequious person, a man as fond of office as a cat is of the fire. During his varied career he had seen much of men and things, had written a ' Life ' of Canning, and was a kinsman as well as an early friend of Daniel O'Connell. As was always said of him in the colony, Therry was a legal Vicar of Bray in the skill and tenacity with which he stuck to lucrative office. It is therefore greatly to his credit that he remained staunch to his convictions on the edu- cation question, though the head of the State to whom he looked for promotion, as well as the head of his Church, was opposed to the policy of Sir Eichard Bourke. Eising after Mr. Lowe at this great public meeting, Mr. Therry read an extract from a private letter which he had received in 1836 from Sir Eichard Bourke, which showed how determined that able Governor had been to introduce into the colony Lord Stanley's L'ish system. In that letter Sir Eichard observed : ' The principal feature in the Irish plan, namely, the separation of literary and moral from religious instruction, will suit the mixed creeds of our population. The subject of general education in this increasing colony is that upon which / am most anxious. I have set my heart on laying a good foundation ivhilst I am in office. I dread much, even in this reforming age, the blighting influence of religious intolerance.' Mr. Therry then became autobiographical, and told the meeting that in 1822 he was the Secretary of the National THE EDUCATION QUESTION 249 Society of Education in Ireland, and that from that time he had become convinced ' that in a community of mixed creeds the only system that could succeed was one that adoi)ted as its leading principle the affording the same facilities for edu- cation to all classes of professing Christians, without any attempt to interfere with the peculiar religious opinions of any or to countenance proselytism.' Mr. Therry then went on to prove that many of the Irish Bishops, such as his friend the well-known Dr. Doyle, were strongly in favour of Lord Stanley's plan. In the course of his really excellent speech, Mr. Therry gave what he truly regarded as a striking instance of the spread of toleration, an instance which I venture to think very few modern readers have ever met with, and which therefore I quote in his own words : — Look to India, and see how the spirit of toleration and Christian charity has advanced there. An officer of the name of Martin, who had risen from the position of a private soldier to the rank of a Major- General in the British Army, left on his death the whole of his property (which was very considerable) towards the endowment of a public school. It was the wish of the Bishop of Calcutta, Dr. Wilson, to found this school on the express doctrines and discipline of the Church of England ; but finding such was not the design of the founder, that truly excellent and Christian bishop applied him- self, in the spirit of that charity which hopeth all things and believeth all things, to ordain the establishment, so that while it afforded sound practical education to all sects of Christians, it should offer no offence to the opinions of any. Mr. Therry brought his speech to a conclusion by the following words of a great French politician, which were loudly cheered by the whole meeting : — It is desirable (says M. Guizot, with his usual wisdom), it is desirable that children whose parents do not profess the same religious opinions, should early contract, by frequenting the same school, those habits of natural good-will and tolerance which grow into sentiments of justice and union when they become fellow-citizens. The strife and struggle of the world, do what we will, must always give rise to differences and dissensions enough. Let us not promote 250 LIFE OF LORD SHERBEOOKE and augment them — let us not embitter the conflict when come it must — by artificial distinctions and divisions in the education of the young. Depend upon it, that everything which tends to unite us, whom all evil passions tend to separate, in affectionate good-will towards each other, is a great advantage— is a great blessing ; but it is to little purpose that we inculcate fellowship and union to persons of mature years, if we insist on teaching children severance, and alienation, and distrust. Truly a strange and memorable speech to issue from the lips of the * lay champion of Catholicism in the colony,' as one of the subsequent speakers described Mr. Therry. It will serve to show that we have retrograded rather than advanced both in England and in Australia (to say nothing of Ireland) if we bear in mind that fifty years ago these were the views held by the three leading Eoman Catholics in Australia — Dr. Ullathorne, Mr. Plunkett, and Mr. Eoger Therry. Despite the activity and vigour of Mr. Lowe and others outside, and of Mr. Therry and the leading members inside the Legislative Council, the friends of a general system of State education were doomed to further disappointment. Mr. Eobinson, the Quaker member, sturdily moved reso- lutions in favour of the adoption of Mr. Lowe's Eeport ; after much debate Wentworth succeeded in carrying, by thirteen votes to twelve, the following Address to his Excellency the Governor : — That it is advisable to introduce Lord Stanley's system of National Education, with this modification, that instead of the clergy and pastors of the several denominations being allowed to im- part religious instruction in the schools, the children be allowed to be absent from school one day in every week, exclusive of Sunday, for the purpose of receiving such instruction elsewere, but that all Denominational schools now in existence, having schoolhouses already built, Avhich have been or shall be within the next twelve months conveyed in trust for the pui-pose of the school, and having now, or which shall have within the next twelve months, an average attendance of fifty scholars, shall be entitled to aid from the Board. Sir George Gipps dealt very diplomatically with this Address — that is to say, while expressing a general agreement THE EDUCATION QUESTION 251 with it, he contrived promptly to shelve it. The persistent Mr. Eobinson, with the assistance of Wentworth, then suc- ceeded in carrying another Address, by twenty-two votes to five, requesting Sir George to place 2,000/. on the Estimates to initiate the general system of State education. The Governor, on the plea of national bankruptcy, vetoed it, according to Dr. Lang, at the direct instigation of Bishop Broughton (see Note A) . So ended for the time being the struggle for a com- prehensive system of National Education, in which Eobert Lowe, both in the Council and before the country, bore the leading part. NOTE A. In Defence of Bislwp Broughton. On the principle a^idi alteram partem, the following extract from an article in the Sydney Morning Herald, of September 18, 1844, is here appended. Bishop Bronghton, as head of the Anglican Church, was the chief opponent of the State system of nnsectarian education, advocated by Lord Sherbrooke, when in New South Wales, and by most of the leading colonial public men from his day to that of Mr. George Higinbotham and Mr. Wilberforce Stephen in Victoria, and Sir Henry Parkes in New South Wales : — ' We are not afraid to say that we are persi;aded that much of this new-fashioned zeal for the Irish systemarisesfi-omjealousy of the Chmrch of England. We wonder, then, that it should not have occurred to those who are actuated by this feeling that the liberalised regulation is exactly calculated to place the working of the system, in most jiarts of the colony, in the hands of that Church. According to the Census of 1841, the Church of England throughout the colony numbered thirty-six members to ten of the Church of Scotland, forty to ten of all other Protestants, twenty to ten of Koman Catholics, fourteen to ten of all other religions. Such being its immense ascendency in point of numbers, to say nothing of its known ascendency in point of wealth and intelligence, the upper classes belonging chiefly to its communion, would there not be every reason to expect that in very many places the local patronage of schools would natiuraUy and inevitably fall mto the hands of the clergy and laity of the Church of England ? In the north of Ireland, it appears to have fallen into the hands of the Presbyterians, because they are there the majority of the population ; in the south, into the hands of the Roman Catholics, for the same reason. And if such be the plastic natiure of the system in Ireland, taking whatever form may be impressed upon it by local majorities, 252 LIFE OF LORD SHERBROOKE would it not be equally yielding in New South Wales, and thus become moulded and fashioned by that very Chvu'ch of which its advocates are already so jealous.' That Bishop Broughton took the decided stand he did against the introduction of Lord Stanley's Irish system mto New South Wales is, I take it, proof positive that he considered it would not give his Church any such ascendency in education matters. As well as being a very upright and excellent man, he was not wanting in political slurewdness. His policy has been followed by aU the Anglican bishops in AustraHa, even including Dr. Moorhouse. 253 CHAPTEE XVI THE ' ATLAS ' AND ITS CONTRIBUTORS Condition of the Colony— Appearance of the ^<7as— Lowe's Articles and Verses — Attacks Colonial Office — Satirises Sir George Gipps and Roger Therry — Songs of the Sq_uattcrs — Principal Contributors The next act in the Australian career of Lord Slierbrooke reveals him in the role of a journalist. He resigned his seat in the Council in August 1844, and all through September was very prominent at the great public meetings held in Sydney on the education question. Politically, the colony was in what is termed a state of transition, and the minds of men were much agitated on public questions. Financially, New South Wales was still in a deplorable state ; but the Governor was resolved that he, and not the Council, should provide the much needed remedy. Sir George Gipps, like many leading English statesmen of the day, was a disciple of that eccentric genius, Edward Gibbon Wakefield, the most gifted but most misleading theorist who ever bent his mind to the solution of colonial problems. It was in obedience to the teachings of Wakefield that the Imperial Parliament in 1841 (when Austraha, as we have seen, was in a state of general insolvency) passed an Act fixing the minimum price of land at 11. an acre. This caused interminable disputes between the Governor and the Legis- lative Council. Sir George's subsequent land policy led to the establishment of the ' Pastoral Association of New South Wales.' Piobert Lowe had joined this body just before he 254 LIFE OF LORD SHEKBROOKE resigned his seat in the Council. He had devoted a great deal of time to the study of the land question, and was accounted the most active member of Mr. Charles Cowper's Select Committee appointed to report upon all grievances connected ^Yith the lands of the territory. He had, indeed, made himself as familiar with the agrarian as he was with the education question in the colony. But what was the use of all this knowledge, as he had no longer a seat in the Council ? It was this consideration, doubtless, which led him, then a busy barrister in ex- cellent practice, to assist in founding the Atlas, a * Sydney Weekly Journal of Politics, Commerce, and Literature.' The first number appeared on Saturday, November 30, 1844, and opened with an exhaustive essay, entitled * The Present Condition and Future Prospects of New South Wales.' This article, which was probably a joint production, was in effect the manifesto of the pastoral tenants and settlers, who were quite at the mercy of the Sydney executive — or, in other words, of Sir George Gipps. But the Atlas was by no means devoted merely to the advocacy of land reform. Not a question bearing on the prosperity or future greatness of Aus- tralia but was treated in its attractive columns, sometimes in weighty and eloquent prose, often in light and pungent verse. I have before me as I write the late Lord Sherbrooke's bound volumes of * marked," or ' office ' copies of the Atlas, which reveal to those who are acquainted with the initials the names of all the chief contributors to this remarkable journal. In the earlier issues a very large proportion of the leading articles were from that powerful pen which, in after years, in the columns of the Times, appealed often with irresistible force to the statesmen and reading public of Europe. Most of these Atlas * leaders ' were devoted to local and ephemeral topics, which would no longer interest even the immediate descendants of the old pioneer squatters of New South Wales, who so keenly relished them when they first issued from the THE ' ATLAS ' AND ITS CONTRIBUTORS 255 press. But by its treatment of what might be called Anglo- colonial problems the Atlas may fairly claim to have been second only in importance to the Legislative Council itself in achieving self-government for Australia. The prevailing ' note ' of the Atlas during the short period that the late Lord Sherbrooke directed its style and policy was its outspoken common-sense. He never allowed it to rave, and though he freely used both invective and ridicule, the journal was never hysterical. Take the following plea for Australian self-government, and observe how fairly the balance is held between the mother-country and the colony : — The grand object to be attained, then, is legislative power com- mensurate with our knowledge and our wants. We can only ensure it by steadily and temperately showing that we understand and shall not abuse it. It is galling, no doubt, to be treated as an infant after the period of infancy has passed away ; but it is not a pleasant display to see a child kicking itself out of its mother's arms merely because it is conscious of legs and convinced that it can run alone. Let us show that we have that high qualification for civil liberty which consists in putting moral chains on our own passions. Let our representatives have patience, while they steadily and respect- fully press in the direction of the great object ; the granting of which by the mother-country will be the surest means of strengthen- ing and continuing those ainicable arrangements which both parent and child must be anxious to retain. These are wise words ; and it may not be out of place to remind the rising generation of Australians, who have merely reaped the reward of the labours of their forefathers, that the great men who really won for them their civil and political rights were patriotic Englishmen, profoundly stirred by the noble traditions of our common race ; and that, however much they may have quarrelled with Governors and Downing Street officials, their loyalty to England and to English insti- tutions was the mainspring of all their actions. The number of leading articles written by Mr. Lowe for the Atlas during the time of his virtual editorship' — that is, from its foundation up to May or June 1845 — is simply 256 LIFE OF LORD SIIER13R00KE astonishing. As a rule, in each number he wrote two or three long opening articles, in every one of which there is a vigour of expression and a depth and originality of thought which place the composition on quite another plane to that of the mere semi-mechanical work of the practised hack leader- writer. Take the series of articles dealing with the different phases of the relations between England and the Colonies ; they are to this day as fresh and instructive as when they were written. Many years afterwards, when the recent Chief Justice of Victoria (Mr. Higinbotham), as Attorney- General of that colony, carried on a bitter controversy with the late Lord Cardwell, then Colonial Secretary of State, it will be still remembered in Australia what effective use he made of the phrase ' Government by despatches ' ; nor can any true Victorian have forgotten his discovery that the affairs of the colony, supposed to be self-governing, were not really controlled by the local Ministry, nor by the Governor, nor even by the Colonial Secretary, but by ' a clerk named Eogers.' This was Mr. Higinbotham's way of saying that the late Lord Blachford, then Sir Frederick Eogers, chief clerk in the Colonial Office, was the ultimate ruler of Victoria. But Mr. Lowe had made a number of similar discoveries twenty years before Mr. Higinbotham, and had explained the matter to the people of New South Wales in equally epigrammatic language. Eead the article on * Eesponsible Government ' in the Atlas of December 28, 1844 :— Let us see what are the Unks in the chain. The Governor, who knows little, and cares less, about the colony — whose interest is in every respect anti-colonial whenever the interests of the colony and the Empire are supposed to clash — is responsible to the clerks of the Colonial Office, who care as little as he, and know even less about us than himself. The clerks are responsible to the Colonial Secre- tary,^ who, equally unknowing and uncaring, is besides, for our special benefit, a first-rate debater, whose head is full of Corn Laws, • Then Lord Stanley, the late Earl of Derby. THE 'ATLAS' AND ITS CONTRIBUTORS 257 and Factory Bills, and Repeal of the Union, whose mornings are spent, not in going through that twentieth part of the business allotted him as Colonial Minister which it is possible for the most laborious of human beings to accomplish, but in excogitating sound pummellings for Cobden, stinging invectives for O'Connell, and epigrammatic repartees for Lord John Russell. This functionary is in turn responsible to an Assembly chosen for a great number of reasons — for wealth, for family connections, for moderate opinions, for extreme opinions — for every conceivable reason except one — their knowledge of colonial affairs. In an article entitled ' Colonial Loyalty,' which appeared on January 25, 1845, Mr. Lowe put the matter in still clearer and more forcible terms : — There are forty colonies belonging to Great Britain, all more or less misgoverned. . . . Let us trace a despatch from this colony and its answer. The despatch is opened by Mr. Gardner (the clerk in Downing Street for the Australian group). If it does not strike him as of any consequence, he puts it into a pigeon-hole, and it is heard of no more ; if otherwise, it is forwarded to Mr. Secretary Stephen, who is generally the tiltima linea rerum. Few, very few are the des^^atches which he deems it necessary to submit to Lord Stanley's eye. When this event does happen, his Lordship, not having seen the despatches to which this is the sequel, requires to be crammed as to the previous transactions, in which process the most ample scope for false colouring is afforded. Thus the Under- Secretary may be, and frequently is, made the tool of his clerk, and the Principal Secretary the tool of his Under-Secretary. Now let our readers attentively consider this system, and then ask themselves, by whom are they governed. Say they receive the fortieth part of the little time which Lord Stanley can spare for the Colonies, a fortieth part of the whole time of Mr. Stephen, and perhaps a third or fourth part of the time of Mr. Gardner, who, it must be remem- bered, reads the despatches from the Governor, suppressing such as he pleases, and writes the answers to them under very brief direc- tions, when under any. Is it not transparent that we are governed, not by the responsible Secretary of State, nor yet by the irresponsible Under-Secretary, but by the doubly irresponsible, because utterly unknoAvn and obscure. Clerk ? " • • J • m • • Is not the result (Mr. Lowe continued) such as might naturally be expected from such a system ? That the Secretary knows nothing about us, except as much cram as may be necessary VOL. I, s 258 LIFE OF LORD SIIERBROOKE to make a speech to an inattentive assembly a shade more ignorant than himself ; that the Under-Secretary knows just enough of us to adopt some crude and impracticable theory, like the one-pound-an- acre scheme, or the civiHsation of the aborigines, to which he adheres with the desperate tenacity of ignorance and presumption ; and that the clerk, our real governor, who is utterly unknown and irre- sponsible — who will not be praised if we are governed w^ell, nor blamed if we are governed ill— should take it as easy as possible, and content himself with echoing back the despatches he receives, sometimes enlivening the matter by an occasional abuse of the Governor for something perfectly right, just to shoio he has an opinion of his oivn. This subject of the government of remote colonies by- means of despatches from Downing Street seems at times to have struck Mr. Lowe in such a ludicrous light that he could no longer argue the matter in pungent leading articles, but was compelled to fly for relief to parody and metrical skits. His old schoolfellow, Edward Cardwell, who, in after years, held the seals of the Colonial Office, figures amusingly in one of these parodies. LAW FOR A DEPENDENCY Referre sermoncs Deoruui et Magna modis iter are parvis. Scene : Downing Street. Time : noon. Lord Stanley discovered reading the advertisements in the Times. To him enters Mk. Caedwell. Lord Stanley. Oh ! Mr. Cardwell, I have sent for thee Because they tell me that thou art a man Quick in debate, and prodigal of words. And one to help thj' party at a pinch. Sit down, I pray. Mr. Cardivell. I humbly thank your Lordship, And, as you do desire me, take my seat. Lord Stanley. Fain would we have thy services, young man. But at this time there is no office vacant. Nor dare we make a new one, lest Young England Should say we are corrupt. Mr. Cardwell {risiny). Then, my Lord, I think I have no further business here ; And so I take my leave. THE MTLAS' AND ITS CONTPJBUTORS 259 Lord StanJcij. Stop, Mr. Cardwell. "We cannot make a vacancy, 'tis true, Nor a new office, but we can revise one. And will, for yon. Know, then, the Colonies Say they'll no more be governed without law. Justice they shall not have — bxit law they must. And so we want a lawyer sage and subtle. By whose advice to act ; but ere I give you This high appointment, 30U must let me try ■ Whether you understand the law or no ; For ignorance I hate ; and Mr. Stephen With the first lawyers in the land is even. Here, take an instance. You have doubtless heard That New South Wales has got a Constitution : Such an Assembly, I should think, was never Seen since the time of Romulus — all thieves— Several who have not yet received their pardons ; And Stephen says they voted it a breach Of privilege to pick a Member's pocket While in debate engaged. 'Tis sad to think The spurious Liberalism of tlie age Should give such rascals power. Mr. Cardwell. Sad indeed ! Lord Stanley. Well, sir, these rascals have presumed to make A law about their filthy sheep and cattle, For which we've written them a sharp Despatch, Whereon I would interrogate you briefly. Mr. Cardwell. My Lord, according to my utmost knowledge I ready am to answer. Lord Stanley. Tell me, then. If any difference exist in law Betwixt the pledge of personal estate and alienation ? Mr. Cardwell. Very great, my Lord. If personal estate or goods be sold. Possession ought to follow the transaction ; Or if the seller still do keep the goods It is, so Twyne's case says — a badge of fraud : But if the property be only pledged. Possession in the pawner does not give The slighest badge of fraud ! 'Tis true, if bankrupt The mortgagor become, his assignees Will have a preference o'er the mortgagee, Because the property does still remain Within the order and disposing power Of him they represent. Lord Stanley {rising sternly). Sir ! I intended To have promoted you to mighty honour, s 2 260 IJFE OF LORD SIIERBROOKE But, finding you so grossly ignorant Of the first axioms of the legal science, I do repent me of my former piu-pose. Sir, had you been a lawyer, you'd have known That mortgages of personal estate Are held by English law in j)erfect hate. For law, indeed, we do not greatly care. Save that injustice must not be too bare. Away, young man ! and seek your special pleader ; If you talk thus you'll never be a leader. At times the Colonial Office is let alone, and theology takes the place of politics in the pillory. On these occasions the devoted followers of Dr. Pusey and Dr. Newman were often handled in unceremonious fashion. Now and then a little sweet is mixed with the bitter. There is an article on 'Early Closing of Shops in the City' {Atlas, January 4, 1845), in which the present Duke of Eutland is very hand- somely dealt with. The article strongly advocates the early closing movement, and commends to the attention of the wealthier classes of Sydney ' the example of Lord John Manners and his friends, who have, indeed, on this occasion nobly vindicated a humanity above their rank.' The Atlas boasted a * Poets' Corner.' Sometimes this little nook was filled by one of those * Swiss Sketches ' written on the honeymoon tour ; but just as often a set of satirical verses would appear dealing with Sir George Gipps and his entourage. These skits were often composed by others, but unless signed they were invariably attributed by the Sydney public to Mr. Lowe. He was, indeed, popularly credited with writing the whole of the jDaper every week ; so that, an announcement appeared one morning over the leading article stating that the ' entire contents of the journal are not by one hand.' However, it is quite true that the Atlas ow^ed its vogue and popularity chiefly to Lowe's satirical epigrams and skits in verse. It is not that these verses were always so very witty or clever, but they were invariably so aj^t. For instance, THE 'ATLAS' AND ITS CONTRIBUTORS 2G1 when Mr. Koger Therry, who had basked in the smiles and favour of Sir Eichard Bourke, had at length succeeded in getting into the good graces of Sir George Gipps to the ex- tent of securing the judgeship in Port Phillip, Mr. Lowe made very merry in the ' Poets' Corner ' of the A tlas. Therry, like Mrs. Gilpin, had a frugal mind, and prior to starting for Mel- bourne advertised the sale of his furniture and effects, includ- ing the portrait of his former patron. Sir Eichard Bourke. The subject, it must be admitted, was a tempting one, and in its next issue the Atlas suggested the following Inscription for the Portrait of Sir Richard Bourke. Here goes the Portrait of Sir Richard Bourke, For whom I long did all the dirty work ; His way of ruling was a perfect see-saw — The voice of Jacob, and the hand of Esau. Unlike our dear Sir George, whose accents sweet "With his mild deeds in dulcet concert meet. He's got a Statue and a long Inscription — Here goes his phiz to pay for my subscription ! But, sainted Gipps ! should limner e'er incline To trace on steel those lineaments divine, I'd never sell that superhiunan face — Never ! — tiU someone else had got your place ! Eoger Therry, notwithstanding his support of Eobert Lowe's education policy, was ever the favourite subject for such satiric shafts. There was no malice in this whatever, but, to a man of the late Lord Sherbrooke's singular independence of character, all forms of flunkeyism appeared supremely ridiculous as well as contemptible. In the Poems of a Life there may be found a most ludicrous parody of the well-known song, ' Love Not,' the whole point of which was lost on the London critics, simply because they were not ac- quainted with the circumstances which called it forth and the men whom it so happily ridiculed. It seems that through the influence of Mr. James Mac- arthur, of Camden (a mighty local magnate), Eoger Therry 262 LIFE OF LORD SHERBROOIvE had been returned as a member of the Legislative Council. To placate Sir George Gipps he steadily voted against the popular, or representative party, and supported the Crown officials ; by which means he obtained the Port Phillip judge- ship. Macarthur had made himself very unpopular by nominating a mere place-hunter at such a crisis in the affairs of the colony ; so that when the seat again fell vacant, one of the candidates was supposed to serenade ' The Lord of Camden ' with this ludicrous parody : — Vote not, vote not for me, I pray ; There's fatal weakness in vour vaunted powers ; My foes will laugh, my friends will slink away, Soon as they hear that you are one of ours. Vote not ! vote not ! I hnow the value of yotir hate, and smiled. Vote not ! vote not ! Vote not, vote not ! Oh warning vainly given ! Oh, why be generous at another's cost ? — Against your vote alone I might have striven. But when you tised your influence all was lost. He votes — all's lost ! In some humorous lines addressed to ' Humbug,' one fears that Eoger Therry is once more depicted : — The Covurt of Sydney deigns to place Me in the very highest place, Amid an amiable choir, While Envy grinds her teeth with ire. Oh, Humbug ! thou whose diUcet note So long has gurgled from my throat ; Thou who canst strike, if such thy wish, A patriot mute as any fish. Or turn — let none the transit gi'udge — A briefless bungler to a judge, — 'Tis all thy doing, Humbug — all. That I am liked, if liked at all ; That passers-bj- the finger point, And look one over joint by joint, Whisp'ring, with reverential awe— ' There goes the man wot knows the law ! ' THE 'ATLAS' AXD ITS CONTRIBUTORS 263 As I have already said, it was a popular belief at the time in Sydney that all the satires in prose and verse in the Atlas were from the pen of Mr. Lowe. This was altogether a delusion. The Atlas, indeed, could boast a staff of brilliant young men, many of whom afterwards attained to the highest positions in the colony. There was Mr. (afterward Sir James) Martin, who in later years, as Chief Justice of New South Wales, so greatly impressed Mr. Froude. James Martin, who was then a youthful solicitor in Sydney, became a regular contributor to the Atlas, and after a while its editor. Another contributor was a clever young barrister, Mr. (now Sir Archibald) Michie, who, mi- grating a few years later from Sydney to Melbourne, attained to high office in Victoria, and was for some time Agent - General in London. If I am not mistaken. Sir Archibald Michie never altogether relinquished journalism, but held for years the post of Melbourne correspondent of the Times. Another extremely clever young writer in the Atlas, Mr. William Forster, lived to become Prime Minister of New South Wales and afterwards its Agent-General. Lowe's intimate friend, William Macleay, was also an occasional contributor ; so, too, was Mr. G. W\ Eusden, the Australian historian. There were at least two other contributors to the Atlas whose names are quite strange to the present generation of Aus- tralian colonists — James Lethbridge Templer, a man of good West-country family, who wrote rattling rhymes against Sir George Gipps ; and John Eichard Hardy, an English Univer- sity man, who was a police magistrate, and was made the first Gold Fields Commissioner in Australia at the Turon. Mr. Eusden tells me that Templer was killed by his horse rushing against a tree ; he was much liked, a scholar and a gentleman. At times in the ' Poets' Corner ' a string of senti- mental verse would appear over the unknown signature, ' H. Parkes.' This aspiring young poet was then a toy-seller in Sydney, but has since been several times Prime Minister of New South Wales, was the friend of Tennyson, and is a 264 LIFE OF LORD SIIEIIBROOKE. G.G.M.G. They were for the most part ambitious young men, who gladly enough enlisted under the banners of so dauntless a chieftain as Eobert Lowe. Sir Thomas Mitchell, the explorer, was likewise a con- tributor to the Atlas. Unlike most of its writers, he was a man past middle life, and in the very meridian of his fame. As far back as 1811 (the year of Eobert Lowe's birth) he had fought in the Peninsula ; already he had received the D.C.L. of Oxford, and had been knighted for his achievements as an Australian explorer. Sir Thomas Mitchell's connection with such a journalistic firebrand as the Atlas did not ingratiate him with Sir George Gipps, with whom, indeed, he had already come to an open rupture. He had been elected one of the members for the Port Phillip district in the Legislative Council, but as he held a Government appointment. Sir George Gipps intimated to him that he was expected to vote with the Crown officials. Sir Thomas Mitchell accord- ingly resigned his seat, and devoted some of his leisure to the expression of his disgust in the congenial columns of the Atlas. But his one ambition in life was to lead exploration parties into the trackless interior, and here Sir George Gipps was able to have more than ample revenge by refusing to furnish the money for such expeditions. This state of things supplied Mr. Lowe with the subject of a pleasing little ballad, which he entitled ' The Two Knights ' : — There was a knight in Payniiu Land — Viceregal state had he ; And all the men that there did stand Must do him fealty. Tliere came to him an errant knight — ' To the moimtains let me go,' That there I might essay my might ; But the otlier knight said ' No.' It was in the Atlas that Lord Sherbrooke originally published his * Songs of the Squatters,' which give a graphic, THE 'ATLAS' AND ITS CONTRIBUTORS 265 but by no means enchanting, picture of the Hfe of a pioneer settler. They deal, too, with all the points of dispute then raging between Sir George Gipps, the Council, and the Crown tenants, and it was this which made them so popular when they first appeared in Sydney, and so unintelligible to English readers when collected and published in a small volume a few years ago in London. As an evidence of their early popularity, it may be mentioned that in an admirable but long-since for- gotten work by Samuel Sidney, entitled The Three Colonies of Australia , there is an entire chapter devoted to these ' Songs of the Squatters.' Several of those quoted — though the writer of the book was not aware of it— were from the pen of Mr. Lowe. These light and amusing verses naturally lose much of their point in being detached from the columns of the news- paper to whose more serious articles they formed a sort of humorous commentary. The modern reader who turns them over is, as a rule, quite ignorant of the events to which they refer ; he knows nothing of Sir George Gipps, or his District Councils, or Border Police ; nor can he realise the dread powers of that terrible personage, the Commissioner of Crown Lands, who had the fate of the pioneer squatter very much in his hands. But the readers of the Atlas could thoroughly appreciate the point of such verses as these : — The Commissioner bet me a pony — I won ; So he cut off exactly two-thirds of my run ; For he said I was making a fortune too fast, And profit gained slower the longer would last. He remarked, as devouring my mutton he sat, That I suffered my sheep to grow sadly too fat ; That they wasted waste land, did prerogative brown, And rebelliously nibbled the droits of the Crown. ' The Squatter to his Bride ' gives anything but an idyllic picture of early bush life. But to this day many of the old pioneer bushmen regard it as unrivalled in its fidelity, 266 LIFE OF LOED SHERBROOKE and its grim hiimonr has amused more than one genera- tion : — Foiir Irandred miles off Is the goal of oiu- waj' ; It is done in a week, At bnt sixty a day ; The plains are all dnsty, The creeks are all dried, 'Tis the fairest of weather To bring home my bride. The blue vault of heaven Shall curtain thy form, One side of a gum tree The moonbeam must warm ; The whizzing mosquito Shall dance o'er thy head, And the guana shall squat , At the foot; of thy bed ; The brave laughing jackass Shall sing thee to sleep. And the snake o'er thy slumbers His vigil shall keep. In the same grimly playful strain he depicts the domestic arrangements of the rude and primitive homestead, winding up with this absolutely appalling statement to the truly feminine mind : — So fear not, fair lady, Your desolate way, Your clothes will arrive In three months with my dra3\ Mrs. Lowe naturally took a keen interest in the new journalistic venture. In the following letter will be found a reference to the Aflas, and also a minute and interesting account of the daily life of the most distinguished of its founders : — Sydney: Jan. 20, 1845. .... We live much as at home. Eobert and I never were, nor ever will be, fond of early rising, so we get up about half-past seven, or eight o'clock — unless we were to rise at five o'clock we should gain little. The heat begins as soon as the sun has risen, and continues great till ten o'clock, when the sea-breeze gets up, and in THE 'ATLAS' AND ITS CONTRIBUTORS 267 the shade it is dehcious. At ten o'clock Robert walks off to his chambers, which are at the end of this street ; it is not above five minutes' walk. There Anthony Pope, his clerk, is Avaiting for him, and his labom's begin. Anthony reads and writes law, and Robert •sits in an American rocking-chair at his ease, dictating. Robert is getting more and more employment in the Courts, and is also very busy in politics. He has quite a levee of people. Between three and four he comes home, and we ride on horseback. Horses are cheap beyond all idea. You can buy a very nice one for 7/., and their keep is also very reasonable. My horse runs in the pony-carriage, and I often drive myself. We ride frequently from 12 to 20 miles towards the Heads or Botany Bay. This exercise seems requisite here. I find I cannot walk far. I think at one time I walked too much, and brought on swelling and pains in my knees, which proceeded, they said, from the nerves in the back ; so 1 took the warning, and have not walked much since. In summer the heat is so great the ground feels quite hot to the feet ; but it is delicious to ride or drive. Everyone here has some sort of conveyance ; the rich, nice carriages, and the poor, gigs and little pony-carriages. You would admire the wild, uncultivated plains and marshes towards Botany. Close to the sea the trees grow again and the shrubs are lovely. The sea is most wonderful in colour ; under the horizon it is the deepest lilac purple, and fades towards you through every shade of blue into the loveliest sea-green with white breakers on a golden shore. The coast in parts rocky, in others with green grass down to the beach. After our ride we dine ; at seven o'clock Anthony comes again and reads for Robert. When he leaves I read and write, and then we go to bed. We sometimes dine out, but refuse evening parties, ex- cept the large ones at the O'Connells'. We also have little dinner- parties at home ; beef, mutton, wine, and poultry are so cheap that it makes very little difference having a few persons to dinner. Wo are now feasting on peaches and nectarines ; I have an enormous plate of them before me, and stop every now and then to eat. I draw, and play on the harp, and sing as usual, but not so much as I used to do. I have more trouble with servants than at home. Poor little Mary and Bobby (the children of Mrs. Jamieson) are very good, and give no trouble. Bol)by gave some symptoms of original sin the other day, and Robert whipped him, which had a most excellent effect. We intend, if possible, to find a house two or three miles from Sydney. Robert could ride backwards and forwards, and I think the change of air would be beneficial to him. As he gains health, his eyes always strengthen. They are much better, and I never hear him now complain of pain. He had a habit of putting his hands to his temple and pressing it, from feeling pain ; I now never see him do this. But I do not tell him I think his eyes are stronger, for fear he 268 LIFE OF LORD SIIERBROOKE should read again to himself. He also often sits in an evening with- out his spectacles, unless I remind him ; formerly he never used to forget them .... I am forwarding the Atlas newspaper to yon. Kobert writes in it, and you will see a series of Swiss poetical sketches,^ which have given great delight here. Sir Thomas Mitchell expresses himself quite charmed with them. Some were written in Switzerland, some here ; ' The Eagle' I think you know of old In a letter to her mother-in-law about the same time, Mrs. Lowe excuses her remissness as a correspondent by saying that her pen finds much employment in Robert's service. This arose partly from his large access of business, and partly from his contributions to the Atlas. In a postscript she adds : ' Pray forward the Atlas to Mr. Biddulph, and tell me what he thinks of it, as regards the talent it displays. The politics are difficult to judge of unless on the spot.' We can now picture Eobert Lowe, barrister-at-law and journalist, of Sydney, no longer a mere ' new chum,' but a seasoned colonist, his professional income displaying an agreeably rising tendency ; while his fame and importance as a public man had increased rather than diminished by his surrender of his seat as a nominee member of Council. Then, as he tells us, he was regarded as a toady if he voted with the Government, and as a traitor if he voted against it ; while now, through the columns of the Atlas, he could express his opinions freely on every subject under the sun, with the delight and approval of the great mass of his fellow-colonists. ' See Poems of a Life, by Viscount Sherbrooke. 269 CHAPTEE XYII MEMBER FOR ST. VINCENT AND AUCKLAND Sir George Gipps and the Legislative Council— District Councils— Quit-rents — Lowe stands for St. Vincent and Auckland — Address to the Electors — Eeturned unopposed — Speech from the Hustings — Schedules A, B, C^ Takes his Seat in the Council The rupture between the Governor and the Legislative Council had daily increased since the evening when Mr. Lowe found himself compelled to resign his seat as a Crown nominee. It had become a case of war to the knife. Sir George Gipps was an Engineer officer who had served m the Peninsula with distinction ; he had been wounded at the siege of Badajoz. Then he had acted as secretary to the Royal Com- mission appointed to deal with the grievances of the rebellious Canadians (1835). Here it was he first displayed his rare talent for drawing up official documents in terse, lucid, and intelligible language. He was appointed Governor-General of New South Wales at the most critical point of her history, just as she was emerging from a penal dependency into a self-governing colony. In his new post Sir George Gipps revealed a singular mingling of the military autocrat with the Piadical doctrinaire. He quickly made up his mind that all the ihs of the colony (including its bankruptcy) could be cured by means of district councils. At his suggestion this scheme of district councils had been embodied in the Imperial Act of Parliament by which Lord Stanley conferred a semi-representative Parhament on New South Wales. Briefly, the scheme amounted to this : that the colony should be divided mto 270 LIFE OF LORD SHERBROOKE districts, and that each district should elect a council to decide on the amount of money required for public purposes for the year, half of which should be contributed from the colonial treasury, and the other half raised by a levy on the local property holders. If any district declined to elect a council, the Governor had power to appoint one ; and in default of a local treasurer, the Colonial Treasurer — who was the Governor's nominee — could, under his warrant, raise the amount by the forced sale of property in the district. In a sparsely populated pastoral country, possessing, it may be, countless flocks and herds, but with little or no ready money, it is easy to see how thoroughly unworkable this scheme of district councils must have been ; and also, how it might be turned into an engine of oppression in the hands of an autocratic Governor whose power was practically unchecked. Mr. Sidney, in his Three Colonies of Australia, pertinently observes : — When Sir George Gipps attempted to introduce his district councils, he found the colonists unprepared to travel for miles to elect a councillor, or pay five or ten pounds per annum for roads over which they never travelled, and bridges a hundred miles from their farms, and indignant at suddenly finding their property at the mercy of the Colonial Treasurer, the irresponsible officer of the Governor. The colonists determined to resist the district councils scheme. The Governor was determined to enforce it. It was his darling child ; he had conceived it wliile looking out from his study on the dense population of a different state of society, and he was not the man to be beaten by circumstances. Mr. Lowe, as usual, ' dropped into poetry ' on the subject in the columns of the Atlas. He wrote a kind of irregular ballad with the title ' District Councils, or the Brazen Yoke.' A statesman made a yoke of brass, A heavy yoke to bear. And said : ' I want some slavish ass This brazen yoke to bear.' It was not so much the scheme itself — though he thought it singularly unsuited to a primitive pastoral community — MEMBER FOR ST. VIXCEXT AND AUCKLAND 27 i but the arbitrary power with which it invested the Governor, that drove Kobert Lowe into the camp of Wentworth and the squatters. In addition to the question of district councils, he also objected to Sir George Gipps's action in the matter of exacting ' quit-rents ' — a tax long in abeyance. It had fallen into abeyance for years, partly by reason of the widespread bankruptcy of the pastoral settlers, and partly because the Government had been unable any longer to furnish them with * assigned servants ' — that is, convicts on ticket-of-leave, who were farmed out to the squatters and other employers. Now, on a sudden. Sir George Gipps demanded the whole of the arrears of quit-rents from these unfortunate pastoral tenants of the Crown. As most of these were in a state of insolvency, this meant that Sir George Gipps or his agent would step in and sell off the homesteads, cattle, sheep, and all improvements. To make this demand for the arrears of such a tax was a most pedantic and impolitic course of action on the part of the Governor. He was a strictly honourable, and even a kindly man, but his object was to show the Home authorities that under his regime New South Wales could meet, out of its own revenue, most, if not all of the expenses of its civil and military establishments. This was not only impolitic, but the height of folly ; for as long as England chose to regard New South Wales as an Imperial penitentiary — a kind of huge Newgate-over-the-Sea — it was only just that she should pay all the expenses of its maintenance. On this question of ' quit-rents ' Mr. Lowe wrote some verses in the Atlas of a much more serious character than are most of his ' Songs of the Squatters.' He thus depicts the feelings of one of these pioneer squatters on suddenly finding himself sold up : — • • • • • Oh ! kindly spoke the ruler then ; He gave me land, he gave nie men ; And I was happy and content, 272 LIFE OF LORD SILERBROOKE My heart unsealed, my brow luibent ; I loved the cot beneath the trees, The glorious light, the healthy breeze, And blest the hour and blest the hand That pointed to that glorious land. Another, and another came. And then a man, his very name Blisters my lips like burning flame ; True to his masters he might be, But fatal was that man to me. He told me that the land they gave Freely to give they never meant ; That I was but a wretched slave. That toiled to pay them yearly rent ; He said for twenty years 'twas due — Alas ! his cruel words were true, And I, fond wretch, I never knew ; And I had braved the noontide ray, The red sirocco's sultry kiss. The watchful night, the toilsome day — Had laboiu-ed, struggled, spared for this. They sold my cattle, sold my farm, And left me with this withered arm And broken heart to stem the tide Of woe, with none but God to guide ; I was a man of iron frame When to this glorious land I came, But now am bowed by toil and shame, And grown before my season old, For he — I will not speak his name — Has sold me like a slave for gold. These lines are very unsparing towards Sir George Gipps ; but it was, as I have said, a time of war to the knife between the Governor on the one side, and the 'popular,' or repre- sentative members of the Council, backed up by almost the entire non-official community, on the other. Under these circumstances, it was not likely that the popular party would be long content to see such a champion as Eobert Lowe without a scat in the Council. There was some talk of finding him one of the Port Phillip constituencies, for which he would have been an ideal representative, if only MEMBEll FOR ST. VINCENT AND AUCKLAND 273 on account of his views on the Separation question. Then it was rumoured in the inner political coteries that the mighty Macarthur, of Camden, would atone for his sins in having placed such a time-server as Therry in the Council by nominating the ultra-independent Mr. Lowe. On this subject the following characteristic letter appeared in the Press : — In the speech of Dr. Sherwin at Berrima on Monday, the 24 th ultimo, occurs the following passage : ' They (the Messrs. Macarthur) have cast a slur upon the county of Camden which it richly de- serves ; they were ready to hunt through the county for a stranger in the person of Mr. Lowe, who would have accepted the patronage of the Messrs. Macarthur if they would elect him free of expense to himself.' Whether the county deserves this slur or not, the Messrs. Macarthur have not cast it upon them ; they never offered me their patronage, and, had they done so, there is no conceivable conjunction of .circumstances under which I would have accepted it. I am. Sir, your obedient Servant, KoBEET Lowe. Horbury Terrace : March 1, 1845. However, a vacancy was soon found in the resignation of the member for the Southern counties of St. Vincent and Auckland. Mr. Lowe's address to the electors gives such a terse statement of his views on the questions then agitating the colonial public mind (except the education question, which had been altogether shelved for the time being by the veto of the Governor), that it may very well find a place here : — To the Electors of the Coimties of St. Vincent and Auckland. Gentlemen, — Captain Coghill having, before sailing for England, resigned his seat in the Legislative Council, I have been invited to offer myself as a candidate for the honour of representing you. I therefore beg to sohcit your support. My opinions on most of the subjects which at present agitate the public mind are pretty well known, and I will therefore recapitulate them very briefly. I am decidedly opposed to district councils, which appear to me un-Enghsh and oppressive, superfluous in those VOL. I. r 274 LIFE OF LORD SHERBROOKE countries which can afford to pay for them, and ruinous in those which, like New South Wales, cannot. I look upon the grinding exaction of quit-rents as a most dis- creditable perversion of the Eoyal Prerogative, and the high mini- mum price of land and exorbitant rent demanded for sections as founded on a mistaken policy, which loses all by grasping at too much. I am friendly to the squatters, considering that upon their success alone can the prosperity of the agricultural interest be securely based. When in Council I endeavoured to promote that prosperity by preparing an address to Parliament praying that the British market might be opened to the grain of this colony as it has been to that of Canada ; if this be done, a limit will be established, below which the price of agricultural produce cannot fall. I am most anxious to carry out the retrenchment commenced in the public expenditure, and to obviate, as far as it can be done by law, the difficulties of individuals. With this latter object, and also with a view of striking at a pernicious system of credit, I proposed the abolition of imprisonment for debt, by which I believe many persons have been saved from insolvency. Should it be my fortune to represent you, I will take care to the best of my power that your district shall have its fair share of the very slender means of local improvement which an expensive Government and a falling revenue place at the disposal of the Council. Before the day of election arrives I shall do myself the honour to solicit personally your suffrages. Till then believe me. Gentlemen, Your most obedient humble Servant, Robert Lowe. He was triumphantly returned, no one having the temerity to oppose him. Accordingly, on April 15, 1845, at noon, Colonel Mackenzie, J. P., proposed Mr. Piobert Lowe as a j&t and proper person to represent the counties. Dr. Bell seconded the proposition. No other candidate appearing, the returning officer declared Mr. Lowe duly elected, and the announcement was received with the usual manifestations of popular approval. Mr. Lowe then came forward, and addressed his new constituents as follows : — Gentlemen, Electors of the Counties of St. Vincent and Auck- land, — I am so fully aware of the important business which requires MEMBER FOR ST. VINCENT AND AUCKLAND 275 your attention this day that I will study to be as brief as possible in returning you my cordial and heartfelt thanks for the honour which you have just done me. I am, as has been truly said by one of my calumniators, a stranger to this county, not possessing a foot of land or a head of stock within it We are now arrived at a great crisis : two roads are before us ; the one will lead us to a higher and more durable prosperity than we have ever enjoyed, the other to still increasing misery and calamity, till we are blotted out of the list of colonies, like the unhappy islands of New Zealand and Van Diemen's Land,^ by the misgovernment of the Colonial Office. For myself. Gentlemen, I have nothing to hope from a seat in the Council — it will not add anything to the very moderate income which I derive from my profession ; but I desire it because I wish to save you, or at least to endeavour to do so, from the ruin with which you are threatened by the Executive Government. When I entered the Council as a nominee of the Crown I considered that I had undertaken a trust for the benefit of the people, for the faithful execution of which I was answerable to God and man, and I foolishly believed on so discharging it I should be carrying out the wishes of the Government which sent me there. Such a novice was I in colonial government, that I actually believed the interest of the Crown coincident with that of the people. The only apology which I can make for this error is the ignorance which then generally pre- vailed concerning most questions at issue between this colony and the mother-country. But, Gentlemen, when I found the Governor, by a stroke of his pen, in defiance of the unanimous remonstrances of the country and of the lessons of reason and experience, bent upon annihilating the pastoral interests of the country, I was un- deceived — ^I could not support that Government. When I saw a system of district taxation introduced, and persevered in after remonstrances from the Council, in which I had the honour to bear a part, both by speech and vote — and introduced, not, as I believe, for the sake of the mockery of self-government under which their destructive nature was concealed, but for the sake of fastening more firmly on the colony the enormous annual expenditure of ninety thousand a year for police and jails, and of taxing the land already sold — God knows how dearly ! — for the purpose of making the remainder saleable by the erection of roads and bridges— I would not, I could not, support that Government. While they were playing this disgraceful thimble-rig, while they were shifting this imposition from the ordinary revenue to the local taxation, I would not play the part of a confederate, and wink and connive at this trickery. When I saw the Government, straining ' Let it be remembered this was spoken in 1845. T 2 276 LIFE OF LORD SIIERBROOKE to the utmost that prerogative which is only entrusted to the Crown, for the good of the people, living upon the grantees of land, much of which had been dearly earned by naval and military service, and upon the accumulated arrears of quit-rent, which it was well understood would never be demanded, every feeling of justice and humanity revolted at it, and I could not support that Government. When I found that an enormous expenditure, utterly disproportionate to the means and wants of the colony, instituted from bribing voters in England at our expense by sinecure or half -sinecure offices, de- nounced by the Council, denounced by the judges of the land, and defended by none but its recipients and their hangers-on, was to be perpetuated, I could not support that Government. It has been said of me, and repeated time after time with a disgraceful pertinacity, notwithstanding my repeated and public contradictions, that I entered the Council pledged to the Governor. Gentlemen, had I done so, had I been capable of accepting a trust for your benefit, and delegating the exercise of that trust to another, I should be unworthy to stand before you as your representative this day ; but it was not so, and when I resigned my seat, it was not because I was pledged, but because I would not give anyone the opportunity of taunting me with employing a power I derived from the Governor systematically to thwart his measures. As to your local matters, Gentlemen, I will endeavour, by making the tour of the county before I return to Sydney, to make myself better acquainted with them. I shall be very grateful for any information which any of you may at any time communicate to me on the subject ; at the same time, great as the claims of your district are on the ground of former neglect, I can, I fear, do but little for you. It is a penalty which must be paid by those who return members to represent the colony, that they will receive little in the way of patronage from the Government. Hope nothing from this Governor ; his whole attention is taken up by scraping to- gether, by every discreditable expedient, a revenue which, being emancipated from the control of the representatives of the people, may serve the purposes of the Colonial Office. For you he cares nothing, and will do nothing. Gentlemen, the sorrow which I feel on taking leave of you is considerably alleviated by the reflection that I shall probably very shortly come here again on the same errand. The differences between the Governor and the Council are concentrated, are brought to a point ; each party thoroughly understands where and why they disagree, and collision has become unavoidable, and even desirable. Fire and gunpowder, the moment before their meeting, do not more certainly portend an explosion than the day which shall once more place the Governor and the Council face to face. Whether he will shrink from the conflict, ^MEMBER FOR ST. VINCENT AND AUCKLAND 277 and seek some other land which, though he cannot find as flourish- ing, he may render as wretched as this, or whether he will dissolve the Council, and thus give the constituencies a chance of riveting their own fetters, I do not know ; but in the meantime your eye will be upon me, and if the latter event happens, as I rather think it will, you will, I trust, see no reason to give me a reception less cordial than that with which you have honoured me to-day. There is but one further point in this trenchant speech from the hustings calling for explanation. When Mr. Lowe so strongly denounced the ' disgraceful thimble-rig ' in refer- ence to the finances of the colony, he had in his mind the reservation of the sum of 81,600L a year which, by the Imperial Act of Parliament conferring a qiiasi-hee Constitution on New South Wales, was withdrawn from the control of the Legislative Council. This reservation was comprised under three schedules, A, B, and C, by which the salaries of the Governor and judges, the cost of gaols and judicial establish- ments, were fixed, as well as the endowment to the three State Churches of 30,000Z. a year. I should say, four established Churches, or sects, for the Wesleyan Methodists had by this time contrived to get access to the public purse. The following was the Civil List removed from the control of the Council by special Imperial Act— A. Salaries of Civil Officers . . . £33,000 B. Treasurer's and other Departments . 18,600 C. Support of Eeligion .... 30,000 £81,600 ' Schedules A, B, C ' hardly sounds like a theme for the Muses ; but Eobert Lowe contributed nothing to the Atlas that more tickled the fancy of the early pioneer colonists. It went straight, as Bacon says, ' to their business and bosoms.' As these playful rhymes ai-e thoroughly intelligible to any reader who takes an interest in early colonial affairs, they are here reproduced in full. 278 LIFE OF LORD SHEEBROOKE Schedules A, B, G Fair Sisterhood with sweet, aUimug faces, Third of the Muses — total of the Graces : Schedules— beloved alike of Gods and Men ; Though Patriots cavil at you now and then, As if your forms were hideous to behold, And only loved, like ancient dames — for gold. Who would not wish, secure from Fate's alarms, To slumber sheltered in your circling arms ? Blest by your love, and basking in your smile, No other Schedule shall he ever file. Nor shall Insolvency, relentless dame, Daughter of Tick and Misery, shriek his name. Learnmg hath charms, but what is like to thee, Thou most delightful form of A B C ! Children of Stanley, hail in glory trine, Where trans^Dort and seciu-ity entwine ; For not alone the claiming coin is sweet. But knowing nothing can that claim defeat. A drought may come — the land may retrogi-ade— The cattle die in thousands — still they're paid. AVool may fall cent, per cent., a losing trade, And 'whelm the land in ruin — still they're paid. Embarrassed Banks refuse to give their aid To sinking settlers— still the Schedule's paid. The Governor and smugglers make a raid Against the Customs' revenue — still they're paid. The broken compact has the land betrayed, But what of that ? — the Schedules must be paid. And when Australia low in dust is laid. This be her epitaph — it's all been paid ! If, 'mid a triad so divine, the Muse Might just presume a favom-ite to choose, I'd rather not be put in Schedule A — • In that the Comicil has too much to say : And though it's safe beyond their greedy clutch, It makes one nervous when they talk so much. C has advantages, I'll not denj- — It's all so snug, so quiet, and so sly ; And it would suit my fancy to a T If Stanley's honour were but pledged to C. Tlie poet's burning wish were just to clear Five lumdred pounds in each and every year; But if with castle-building e'er I meddle, I'll wish myself within the second Schedule ; MEMBER FOR ST. VINCENT AND AUCKLAND 279 For it alone has got a copious margin, , And a good salary will bear enlarging. Where'er I turn, whatever berth I see, I'll stick to Eiddell's ' berth in Schedule B. Others with labour more or less are troubled, He'd still do nothing, if his work were doubled. Eobert Lowe was now once more a member of the Legislative Council. But there could be no longer any question of the complete independence of his position ; he had, in fact, secured his unopposed election, mainly by his avowed and un- compromising hostility to the interference of Downing Street in the domestic affairs of the colony, through its eminently active and efficient servant. Sir George Gipps. The session did not open till July 29, 1845, when we read in the official records that Mr. Eobert Lowe was introduced to the Speaker by Mr. Windeyer, member for Durham, and Mr. Benjamin Boyd and Dr. Nicholson, members for Port Phillip ; whereupon he took the oaths and his seat as member for St. Vincent and Auckland. We may well suppose that Mrs. Lowe did not allow her English friends to remain in a state of ignorance with regard to these stirring events. I am sure (she writes) you will be glad to hear that Eobert has become a very prominent pubhc character, and is said to be by far the best speaker in the Legislative Council. This is rather a stormy position in the present state of politics here ; party spirit is running tremendously high, and Eobert is the leader on the popular side. The whole weight of the Government is opposed to him and his party ; there is nothing the Government would not do to put Eobert down. From his power of speaking and his general know- ledge, and also knowledge of constitutional law, they find him a dangerous opponent. Their hatred is great in proportion to their dread. The Government newspapers abuse him beyond measure, and you would suppose from them that he was the most fearful ' The Colonial Treasurer, of whom in the Atlas, in a satirical ' Defence of the Treasury Bench,' Mr. Lowe cruelly said : 'If he may not have all the reputation of the others, it is owing to his having so little to do, rather than to his not doing that little well. He is said, indeed, to sign his name with con- summate skill and with considerable velocity. 280 LIFE OF LORD SIIERBROOKE character. They go so far that, instead of being angry, I cannot help laughing. I have ahnost entirely given up going out, except to a few houses. I fear Sir Maurice O'Connell is to be recalled ; his family will be a great loss to this place. The affairs of this country would soon be in a flourishing state would Lord Stanley and Sir George permit ; the price of wool has risen immensely, and people might now do really well ; but as long as this question of the Crown lands hangs over the country no confidence is felt, and people fear to invest. Notwithstanding this state of things, Mr. Lowe prospered and made judicious investments in city property in Sydney, which were almost immediately profitable. He, in fact, from the very first, saw that the financial depression must pass away, and that no amount, even of the most scientific political bungling, on the part of the Secretary of State, or the Governor and his local executive, could permanently retard the prosperity of New South Wales. 281 CHAPTEE XVIII AT NELSON BAY At, Nelson Bay — Mrs. Lowe's description of Nelson Bay — Sir Thomas Mitchell— W. S. Macleay— Sir Alfred Stephen— Letter to Eev. E. Michell— Success in Court and Council — Wentworth's Dinner — Lowe's Imperialist Speech — Alexander Macleay's Pension — Wentworth's offer for the Si3eaker- ship — Lowe's views on Dignity and Dining It was at this time that Eobert Lowe purchased a small estate at Nelson Bay, adjoining the far-famed Coogee, on the shores of the South Pacific. In a letter to her mother Mrs. Lowe writes : — Eobert is quite well and making for himself much fame and a little money, which is a good thing and certainly more substantial. I still hope fame may in the end be turned into gold. The colony is progressing, and if wool continues steady in price, is likely to improve much. Our friend, Sir Thomas Mitchell, is on the point of setting off on an expedition of discovery to Port Essington ; he thinks he shall make discoveries of importance to this country, and will then write a new book. He says he will call one of the mountains after me. I have been most unfortunate lately : a few days ago my horse threw me. I had a knapsack into which I put flowers, curiosities, &c. ; it fell from my saddle, startled the horse, and I fell also, with my face to the ground, and cut my lip open and bruised my cheek- bone badly. I sent for a surgeon, who sewed up my lip, put leeches on my temple, and I am now pretty well again and have very little pain left. We have bought a little estate of forty-two acres, four miles from Sydney, on the sea ; it is lovely beyond conception. We have given only. 420/. for it ; it is fenced — and the foundation of the house laid and roads cut — the value of the improvements about 200L 282 LIFE OF LORD SIIERBROOKE We are finishing the house ; it was sold by an unfortunate mortgagee in England, put up to public auction, and by a lucky chance fell to us ; 4,000/. was refused for the land four years ago. I shall make some drawings of the views. The scenery resembles Jersey, but is far more beautiful — the vegetation is so lovely. We have a beautiful bay to ourselves — I may say it is our own — the trees line the shore with drives through them ; we have a waterfall of sixty feet, and this runs through a fine valley : it is a most romantic spot and just suits my tastes. These views of their favourite home in the New World always hung on the walls of Lord Sherbrooke's house in Lowndes Square ; they were really beautiful, and gave his English friends, accustomed to the low, leaden skies and murky atmosphere of London, a most fascinating vision of the shores of the South Pacific. There is a sequel to the story not quite so entrancing to those most nearlj^ concerned. After returning to England, Lord Sherbrooke, by the advice of his agent and friends in the colony, was induced to dispose of this property for a sum which would represent but a very small fraction of its present value. No doubt from the point of view of health this removal to Nelson Bay w^as a very excellent change. Mr. Lowe had now not only such an increase of practice that he was compelled to devote much time to it, but there was also the never-ending work of a popular leader in the Legislative Council ; of one, too, who, having put his hand to the plough, was not likely to turn back. It is true that his general health was extremely good, and that his eyesight had per- ceptibly improved — an improvement which he declared began from the moment that he shook off his medical advisers. But to one conscious of such peculiarly delicate organs, there must have always been the dread of a catastrophe. He had himself found it essential to use his eyes only by means of those light-excluding goggles, which at this time he devised, and through which light was only admitted from the pin's AT NELSON BAY 28S point in the centre. He also thought it wise to devote some portion of each day to active out-of-door exercise. In the case of so busy a pubHc man this desideratum could only be obtained by fixing on a place of residence which demanded a walk, or, better still, a ride on horseback to and from the city daily. Being very fond of horse exercise, Mr, Lowe chose that means of getting from Nelson Bay to his chambers and the Legis- lative Council. Very soon their residence was completed, and although they were now cut off from all general society, their picturesquely situated sea-side home was a favourite resort of a select few. Mr. T. B. Boulton, the artist, formerly of Sydney, has sent a few notes, which give a pleasant picture of the select circle which gathered by The splendour and the speech Of thy lights and thunders, Coogee, Flying up thy gleaming beach. ' I was a frequent visitor at their charmmg residence near Coogee Bay in view of the Pacific Ocean ; and enjoyed the lively and brilliant conversations on all subjects, but particularly those on science and poetry. Many were their pleasant guests, but chief of all was the late W. Sharpe Macleay, whose descriptions and remarks charmed everyone. Indeed, I have heard Mr. Lowe say that he knew the best talkers in England, but not one of them was his equal in conversational power, Mr. Lowe I also met at Elizabeth Bay, the residence of Mr. Macleay, and on one occasion, at dinner, Mr. Lowe was speaking of an eclipse of the sun, and said the disc was very nearly obscured, but he could not distinguish the colours of the corona, when one of the guests at table, Mr. Stuart A. Donaldson, asked, " What is a disc ? " to which Mr. Macleay, taking up a plate which he held before him, replied with great vehemence, " That is a disc," to the great amusement of all the other guests. . . . One 284 LIFE OF LORD SHERBROOKE day as I was reading under the shade of one of the beautiful honeycombed sandstone rocks, I observed Mr. L. and Mr. M. walking on the shore, when two hulking " larrikins " suddenly appeared on the scene, and they were at once warned that it was private property, and that they had no business there — to which they said they should go where they liked. Mr. Lowe at once picked up a bamboo which had been washed up by the lazy tide (being seconded by Mr. Macleay), and applied it with such effect on their backs that they roared out and soon " made tracks." . . . His memory was wonderful, and I well recollect meeting him when on the Bathurst circuit at Kirconnel (Dr. Palmer's), when he took one of the children on his knee and repeated some of his nursery rhymes. Some years after, on the same circuit, he stayed again at the Doctor's, and took the same child on his knee and asked her if she remembered the rhyme, but she had forgotten it, on which he repeated it, and half a dozen more ; but it did not signifiy if it was in his childhood or yesterday, everything seemed stereotyed on his brain. . . . One day as he was walking along Macquarie Street with Mr. Charles Cowper, the conversation turned on some political question, and he quoted a passage from Hallam's Constitutional History, which Cowper said he had quoted wrongly. He replied, " I know I am right." The other disputed the point, and said, " I only read it yesterday." Mr. Lowe said, " I don't care if you read it an hour ago, I know my quotation of the passage is correct, though I have not read it since I was at Oxford ; but to prove it, here is the Librar}^ so let us go in and refer to the work." He asked for the volume, turned up the page, and was found to be right to the letter. * Not only did Mr. Lowe ride from his seaside home to his office and back, but he usually travelled by the same means when on circuit ; Mrs. Lowe, who was an excellent horse- woman, very often accompanying him. On one occasion she rode in one day along the coast and through the bush — AT NELSON BAY 28-3 for in those days there were no roads — from Woollongong to Coogee. * Mr. Lowe's own love of these excursions on horseback once gave him that very unpleasant experience which every Australian storyteller seems to have made the subject of a tale. He was literally "lost in the bush." So lasting an impression did this make on Mrs. Lowe's mind, that she often described it as the most miserable experience of her life in Australia. ' It seems that he went on circuit to Maitland and thought he would ride to Sydney, through the most difficult country in the colony, intersected by swamps, rocks, and the river Hawkesbury. As might have been expected, he lost his track, and, having got off to walk by the side of his horse, then lost him also. As the expected hour of his return had long gone by, Mrs. Lowe was in the utmost anxiety, which was not lightened by the fact that the people by whom she was sur- rounded as workpeople were all convicts, some of whom she despatched as a search party with no feeling of confidence. Intelligence at length arrived that he was safe at a farmer's on the Hawkesbury, but that he was in a sad plight and had greatly suffered ; indeed, he paid dearly for his temerity, for it took at least a month to bring him to his ordinary con- dition.' After the breach with Sir George Gipps, the Lowes wisely determined to give themselves up to their few intimate friends, avoiding mere social acquaintances and indiscriminate enter- tainments. Neither of them entered Government House again during Sir George Gipps' s regime ; though the following ' item of intelligence ' in the local press would seem to show that the relations between Lowe and the Governor were not wholly broken off : — Fashionable Movements. — On the day of the prorogation of the Legislative Council [November 13, 1845], the Governor visited 286 LIFE OF LORD SHERBROOKE the grounds of Robert Lowe, Esq., M.C, at Nelson Bay, and inspected the cottage now building there. In one of her letters to England Mrs. Lowe describes her new home with all the glow of genuine enthusiasm. She always enjoyed the climate of New South Wales, though after the first two years its sultry and languid summers seriously affected her health. But she writes thus in the year 1845 : — You can form no idea of the beauty of this climate : our winters are delicious ; the finest October day you can recall to mind is only a faint resemblance of the weather here. I fear I shall look with horror on the leafless trees when I return home ; all the native trees are evergreens, and most beautiful ones. The flowers are splendid ; the only fault is, they are all on bushes, so the ground is never coloured by them. It must be frankly admitted that Mrs. Lowe's letters of this period are not very complimentary to the society of Sydney. But she thoroughly appreciated the high qualities of the one or two intimate friends whom they saw frequently at Nelson Bay. Of these she specially mentions three : Sir Thomas Mitchell, W. S. Macleay, and Sir Alfred Stephen. ' Sir Thomas Mitchell ' (she writes), ' whose work on this country I dare say you have read, is a great friend of Eobert's. We have also a very clever man here, Mr. William Macleay, who is a well-known naturalist, so that, though I am inclined at times to abuse the society of this place, there are still some very agreeable exceptions who would be considered an acqui- sition anywhere.' The work of Sir Thomas Mitchell alluded to by Mrs. Lowe was Australid Felix, a book which, in a very special sense, may boast the rare distinction of having added a province to the Empire ; for it was its admirable descriptions of the rich pasture lands of Port Phillip which caused the influx of pioneer settlers into what is now the colony of Victoria. Apart from his fame and achievements as an explorer. Sir Thomas Mitchell had all the acquirements and tastes of a AT NELSON BAY 287 scholar ; he was fond of literature, and had published a translation of Camoens's Lusiad. Mr. William Macleav, most \Yelcome of guests at Nelson Bay, has already been mentioned more than once. With these Mrs. Lowe couples the name of Sir Alfred Stephen, who, at a very early stage of their intimacy, would seem to have formed the highest opinion of Lord Sherbrooke's capacity and character. He was already Chief Justice of the colony, a position he held for many years, and, though nine years Lord Sherbrooke's senior. Sir Alfred is still living in Sydney in his ninety-first year—' a beautiful old man, whom it was a delight to have seen,' writes Mr. Froude in his Oceana. Sir Thomas Mitchell, Sir Alfred Stephen, William Sharpe Macleay, and the future Lord Sherbrooke, sitting together as they frequently did at Nelson Bay, all in the full vigour of their rare conversational powers, would have been con- sidered a distinguished group in any city in the world. Lord Sherbrooke always declared, though in after years he was intimate with the cleverest and most cultured men in Eng- land, that he had met no one whose conversation was more varied and more charming than William Macleay's. With such companions, one could not be said to be out of the only world worth living in — the world of ideas — and the leisure hours which Eobert Lowe enjoyed with these old colonial friends, within sight and sound of the ' wide Pacific,' were amongst the happiest of his life. The following letter, written at this time, shows that he was then in friendly relations with his only possible political rival in Australia — the late William Charles Wentworth. Bobert Lowe to the Bev. B. MicJiell, B.D., Oxford. Nelson Bay, Sydney : November 30, 184G. My dear Michell, — Never a very good correspondent at any time, the absence of common topics and the weakness of my eyes have reduced my efforts in that line to almost nothing. I trust that you and yours are wending, on the quiet road of Oxford, your way of 288 LIFE or LORD SIIERBROOKE life with as few annoyances and as many pleasures as are consistent with the condition of humanity. My prospects are very good. I have as much practice as I can well get through, and am rapidly taking the lead at the Bar, which I assure you is no easy task in this colony. I have got a beautiful place on the shores of the Pacific, about five miles from Sydney ; am saving money and investing it at good interest, so that in a few years it mil be within my option to return to England. My wife is quite well and happy in laying out her grounds. My eyes are indifferent, but certainly better than when I left England, and I am quite satisfied with the result of the expedition. The object of this letter is to ask your assistance on behalf of a gentleman (Mr. Wentworth) well known as a writer, a lawyer, and a politician, to all who have any knowledge of New South Wales. He sent his eldest son, William Charles Wentworth, to Trinity College, Cambridge, but on my advice has decided to place him for a year with someone who is in the habit of taking charge of restive colts ; and I am now writing to you to beg you to find such a person. A Cambridge man would be preferred. Young Wentworth is intended for a barrister. I know no one to whom I could apply with so much confidence as yourself, from my long experience of your judgment and discretion in all matters relating to the manage- ment of young men. Any arrangement you may make will be ratified by Mr. Wentworth's agents, who will attend to the pecuniary part of the matter. Whatever you do, please to communicate to them. I am very sorry to give you this trouble, but I am sure you will feel for a parent who is quite unable, from the immense distance and the pressure of business, to come to England himself, and has no one to whom to entrust a matter of so much difficulty. With kind regards to your wife, in which mine begs to join, believe me, my dear Michell, Your old friend, Egbert Lowe. The rector of Bingham passed away in the year 1845 ; but the news of his death did not reach Nelson Bay for vaanj months, as communication was then painfully slow between England and Australia. By the Eev. Eobert Lowe's will, his lands in the town of Nottingham and in the county of Derby ■were devised in equal shares to his second son Robert, and his youngest son, Frederick Pyndar Lowe. 289 CHAPTER XIX THE POPULAR LEADER The Wentworth Banquet — Kobert Lowe and Imperial Federation — Private Friends and Public Funds — Tlie Speakersliip and Bi-weekly Dinners — • Lowe on Economy — Hon. Francis Scott, M.P. — Land Legislation — Death of Eichard Windeyer — Death of Lady Mary Fitzroy — Caroline Chisholm In the letter to his old Oxford tutor, Eobert Lowe makes not the slightest reference to his activity as a popular leader in the Legislative Council. If the reports of the proceedings of the Council, however, be examined, it will be found that the new member for St. Vincent and Auckland was one of the most prominent public figures in the Colony. He went in and out daily from Nelson Bay on horseback, attended the Courts, where he was making an ever-increasing income, and thence to the Council Chamber, where he spoke with brilliant effect on almost every political question of the hour. Mrs. Lowe does not omit to let their English relatives know how steadily and rapidly he is mounting the ladder of success. ' All who hear Robert speak ' (she writes) , ' both in Court and Council, say he is greatly gifted ; and men who have been in the habit of hearing the best speaking in the House of Commons and at the Bar say he would make his way rapidly in England. The judges. Sir Alfred Stephen and Mr. Dick- enson [afterwards Sir John Nodes Dickenson], tell Eobert it is folly for him to remain here. Robert wishes to return on my account, but he never shall destroy his prospects for me. He has struggled hard, and, considering his sight, the result surprises even me.' VOL. I. u 290 LIFE OF LORD SIIEEBROOKE This is the first actual intimation of any intention of returning to England ; and it will be seen that the imme- diate cause was the failing health of Mrs. Lowe. She herself says in this letter : * I now feel the value of my love for nature ; to me it supplies society, and as long as I am well enough to ride about our shore and above on the superb cliifs that overhang the coast, I want nothing more. But I have not been well, and my strength has failed me much at times ; then it is that I feel so wishful to see old friends again.' * Piobert (she continues) is much away ; the Bar and the Council engross so much of his time.' The letter goes on to assure her English friends that the prospects of the colony are brightening, and that her husband, whose income has reached 1,000L a year, is makmg wise and profitable investments. ' Is it not strange ' (she adds with naivete) ' that Eobert, so unlike a money-making man, should be making a fortune ? ' There was a great public dinner given in honour of William Charles Wentworth in the hall of Sydney College (January 26, 1846), at which most of the leading men in Sydney, who were not Crown officials, were present. Chief among these were Eobert Lowe, M.C., Eichard Windeyer, M.C., Dr. Lang, M.C., Mr. Archibald Michie, barrister-at-law, Mr, Donald Larnach, and Mr. (afterwards Sir) James Martin. It was on this occasion, in reply to the toast, ' A speedy and thorough reform of the Colonial policy of Great Britain,' that Mr. Lowe delivered one of the most eloquent and effective of his Australian speeches, and, according to the local critics, entirely outshone Wentworth himself. The interest in the following passage is heightened by the palpable allusion to Gladstone, Cardwell, and others, with whom he had contended in debate at the Oxford Union : — Many of my college contemporaries have been called on to fill offices of trust and importance to the State. . . . They have been THE POPULAR LEADER 291 placed in those offices by the voices of the people, and when they acted unwisely, they might be removed ; but by coming out here, I have not only closed to myself that path of ambition, but have ceased to be a part of the governing body — have lost all control over the political destinies of the community to which I belonged, and have sunk into the slave of those who were once my equals. Even if it were an offence to join one's lot with that of the struggling colonists of Australia, poHtical disfranchisement and degradation was too severe a punishment for it. It is noticeable that in this remarkable after-dinner speech Mr. Lowe gave eloquent expression to strong Imperialist views. He was not one of those, he declared, who looked forward to separation from the mother country as inevitable. ^ Were they not of the same language — of the same race ? Had they not in common glorious recollections of the past, high and lofty interests of the' present ? ' He then painted in the blackest colours the bungling and incompetence of Downing Street, and proceeded to lay down a line of policy by which he considered the tie between England and the colonies could be perpetuated, and the rights and liberties of both communities preserved. The political sentiment, no less than the eloquent expression of the following passage might have inspired the late deeply respected statesman, William Edward Forster, and will surely appeal to the mind and heart of Lord Eosebery : — A line of demarcation should be drawn between Imperial and Colonial legislation, and all meddling interference in matters of a domestic nature should be utterly and for ever renounced. They were the best judges of their own wants, their own circumstances, and could legislate for their own welfare better than those who were totally ignorant of both; he claimed for the Colony the right to regulate her local affairs by her local Assembly, without the control of any power on earth. In Imperial matters also, a voice should be given to the Colonies — a share in the government of which they were made to feel the effect : for if the Colonies were to share in the results of Imperial policy, it was fit they should have a voice in its delibera- tions. If it was intended to carry out the principle, that colonies were integral parts of the British Empire, they had a right to be represented in the British Parhament ; they would then be heard, u 2 292 LIFE OF LOED SIIERBROOKE their interests would then be cared for. If the representative of Middlesex claims a right to control the destinies of New South Wales, the representative of New South Wales should have a corresponding influence on the destinies of Middlesex. Statesmen were yet to learn that the prosperity of the whole is best secured by making every part prosperous ; that there is no conflict between the interests of the Colony and the Empire, and that the notion of sacrificing the former to the latter always originates in the narrow and selfish view of a part, and not in a comprehensive survey of the whole. England herself is but a part of the Empire, and when she treats us as if she were the whole, she is actuated by a narrow and provincial spirit. If this were granted, then indeed would England and her colonies be knit in an iron confederacy, supreme in her strength ; then might she be, as I hope she ever will be, triumphant in arms, in arts, in Kterature and in freedom. But if this should not be granted, then might she look for evil, for mourning, and for woe. It cannot be gainsaid that this is the doctrine— pure and unadulterated — of Imperial Federation ; a doctrine which Lord Sherbrooke, in later life, might not have felt altogether able to endorse. But it should certainly stand as the expres- sion of his opinions when he was a leading colonist and a most popular public man in Sydney, engaged, too, in per- petual warfare with the officials in Downing Street, whom he so vehemently opposed mainly because he considered their course of action calculated to detach the Colonies from the mother country. This was almost the last occasion on which Lowe and Wentworth appeared as political allies. After the recall of Sir George Gipps, the squatter party, of which Wentworth was the natural leader, was, under Earl Grey's policy, ' transformed ' (to quote Lowe) ' from the suppliant into the master.' He himself then, as we shall see, opposed the squatters, who were led by his former ally, and became the upholder of the rights of the great mass of the people. In these lax days it is counted almost a virtue in a public man to succour his friends at the public cost. Eobert Lowe had no friend in all Australia for whom he had so affectionate THE POPULAR LEADER 29 ry a regard as for William Macleay ; while for his friend's father, the venerable Speaker of the Legislative Council, he, like the rest of the community, had the very greatest respect. It was eminently characteristic that when Alexander Macleay re- signed the Speakership, and Wentworth moved a resolution to compensate him for the loss of his English pension during the time that he had acted in that capacity, on the vote being taken, it was found there were fourteen ayes and two noes ; the two latter being Lowe and Cowper. The question of a successor to the Hon. Alexander Macleay was the cause of a most amusing debate in the Council. Wentworth — among whose defects bashfulness was not pro- minent — consented to be nominated as Speaker on condition that he should be allowed to take part in the debates, and that he should have a ' dinner salary,' and a residence pro- vided for him. It was desirable, he told the members, * that the Speaker should be placed in a position to extend hospitality, which would promote the despatch of business by softening the asperities so apt to spring up in the warmth of debate.' He pomted out that in England the charitable institutions would languish without the custom of public dinners. Amidst shouts of laughter he declared that the Speaker's dinner in the House of Commons had become ' an established part of the Constitution.' * And,' he added, ' in this colony, where the members of the Legislature receive no wages for their labours, and are at a long distance from their abodes, it is only right and reasonable that the public should be at the expense of entertaining them once or twice a week.' Sir Maurice O'Connell actually rose and warmly supported the proposition. This was too much for Lowe, who had been fighting the battle of retrenchment side by side with Wentworth for years. At the same time no one perceived the ludicrous aspect of the whole matter more clearly. His speech, which 294 LIFE OF LORD SIIERBROOKE even in those slow days found its way into at least one journal published in London, was a satirical masterpiece. Apologising for speaking before any member of the Govern- ment, Lowe said : — ' I protest against this motion on behalf of the constituency I represent, on behalf of the prin- ciples which I have ever joined the hon. and learned member (Wentworth) in advocating, and, I feel almost constrained to add, on behalf of the hon. and learned member himself.' He continued in a really high strain of eloquence to show that in an impoverished colony the dignity of the Council would not be maintained by increasing the salary of its chief officer in order that he might entertain the members at dinner. ' When ' (to use his own words) ' in a season of heavy and prevalent distress, the Council, in a spirit of sympathy which it was bound to feel, gave moderate salaries to its officers, it advanced its dignity in a far higher degree than it could have done by investing the Speaker with the most gorgeous panoply.' Lowe said that he could not reconcile Wentworth's motion with his former persistent advocacy of a policy of re- trenchment in accordance with which the House had cut down salaries and abolished offices because the expenditure was more than an oppressed and groaning community could bear. Then he continued : — I, for one, could never sit down to these bi-weekly feasts. To me, fancy would ever be conjnrin,^- up some bloody Banquo's ghost — shades of displaced pohce magistrates, and curtailed clerks, to push me from my seat ; while the banquet would vanish like a fairy feast, leaving nothing but rock, and dust, and ashes behind. . . . Right and proper it is that the Speaker of the House of Commons should be invested with all the pomp and state of cir- cumstance ; but how different our position in New South Wales. Here it seems to me that free institutions have been hung up, as it were, in a pillory, deprived of all that renders them respectable and respected in other countries. In such a condition it becomes us rather to cast off all empty forms, all outward show and display, and to endeavour rather to assert our dignity by the ceaseless effort THE POPULAR LEADER 295 to retrieve our constitutional rights, than by mvesting this mockery of a Legislature with the forms and attributes of an entirely different Assembly. In the same earnest and eloquent spirit, the orator pro- ceeded to express his regret that Mr. Wentworth, whom, on ' so many occasions he had been proud to follow, and to whose judgment he had often paid the greatest deference,' should have made such a proposal, and for a reason, he added, that concerned the honourable and learned member himself. For he had entertained an opinion that the day might arrive when that gentleman, retiring from the contentious arena of debate, sated with the strife and applause of political discus- sion, might have sought for repose in the Chair. After this motion, how could such an event take place ? Mr. Lowe then mentioned the cost of ' this legislative esta- blishment,' and pointed oat that they had not been sparing in censure of subordinate bodies that had cost more than they were worth. If they carried this motion, the public would soon suspect that they had no toleration for any jobs except their own. Then, as though suddenly struck by the humour of the whole thing, he drew a ludicrous picture of the two rival candidates for the Speakership : — I feel sure that the House will reject the motion which, if carried, I should expect to see followed up by two gentlemen with two bills of fare as candidates, one coaxing a vote with champagne, whilst the other tapped them on the shoulder -with Burgundy — one tempting them with turtle, whilst the other preferred some other recherche delicacy. At this stage, Mr. Eobinson, the Quaker member for Melbourne, who had become a mere squatter's nominee, and an abject worshipper of Wentworth, must have given some indication of his views and intentions, for Mr. Lowe suddenly turned round upon him and observed that ' he fancied from the cheers of the hon. member for Melbourne that he intended 296 LIFE OF LORD SHERBROOKE to follow humbly in the wake of the hon. and learned member for Sydney, and no doubt in the speech he would address to the House he would be able to reconcile the pomp and display, which the motion was intended to encourage, with his own modest-coloured and plain habiliments — just as he had found it easy on another occasion to reconcile the transporting troops and munitions of war with the principles of universal peace.' Mr. Eobinson did support the motion on the extraordinary ground that the Lord Mayor of London had 14,000L a year granted him for state alone. An illustration that must have filled the lordly Wentworth with ineffable scorn. As might be expected, Charles Cowper expressed his regret that one by whose side, session after session, he had fought the battle of retrenchment, should have brought forward such a motion. Even the Colonial Secretary and Attorney General, in calmer and more official phraseology, condemned it. But the Joseph Hume of the Council, Pdchard Windeyer, who thoughout his career was a most consistent reformer of abuses, was really indignant, and pointed out ' that the object of the hon. mem- ber for Sydney, and the object of those who resisted any re- duction in the salary of the Governor were precisely similar ; they both wanted to increase the strength of the table-cloth chains which are so binding in many instances — and as the Governor had the power of giving good dinners, his learned friend wanted to set up an opposition shop on the popular side.' In fact, almost every member was opposed to the proposal, and Mr. Wentworth, without a blush, announced that as the feeling of the House was so thoroughly against him, he should not press the motion, but would withdraw it. In many respects the entire proceeding was eminently characteristic of the two chief actors in the scene. One can well imagine what a merry meeting it must have been when Ilobert Lowe's personal friends next assembled at Nelson Bay, and heard the story of Wentworth and the Speakership. THE POPULAR LEADER 297 Lowe's activity as the representative member for St. Vincent and Auckland was unbounded. He was in the very prime of hfe, just turned thirty-five, and the position of entire independence which he now held in the Council seems to have stimulated his active and powerful mind. There was not a political question in any way affecting the rights of the community or the liberty of the individual colonist which he was not prepared to discuss with point and settle with promptitude. For some time Lowe had ceased to contribute to the Atlas, over which, indeed, he exercised no control whatever after the year 1846. He now devoted his energies entirely to the €ouncil Chamber and the Bar. After the too early death of Windeyer, he seems to have taken up the role of ' Joseph Hume ' himself, and to have subjected all items of public ex- penditure to a constant and most rigid scrutiny. One after- noon, August 5, 1847, he entered the Council rather late, having been detained in court, and, turning to Deas Thomson, the Colonial Secretary (for whom personally he had no small measure of respect), he made some amusingly characteristic remarks on the easy-going and rapid manner of voting away public money. ' Most easily,' he said, ' did the wheels of legislation seem to run under the guidance of his hon. friend the Colonial Secretary, and the tractable and guiding ■disposition of the representatives of the people in that House.' He would advise the constituencies, one and all, never again to return a lawyer to represent their interests in the Council, because he might be by chance detained in court half an hour, unable to get away owing to some delay about a paltry sum of five or ten shillings, and by such an accident the public interests might suffer. He himself had been forced to wait, sorely against his will, that very afternoon while a jury were in anxious discussion whether they would give a plaintiff damages to the amount of 11. 15s. or 2/. It was just four o'clock when he entered the House, and although there was on the paper a previous order of the day, he found in one short hour 298 LIFE OF LORD SIIERBROOKE the House had voted away 26,000/. of the piibKc money, and if it had not been for the timely entrance of his friend, the hon. member for Cumberland (Cowper), they would have added to it the further sum of 6,195/. In May 1847, he moved for leave to bring in a Bill for compensating the families of persons killed by accident — a transcript of the Act then recently passed in the Imperial Par- liament. But the subject which engrossed most of his atten- tion from this time until his departure from Sydney was the Land Question. On May 11, 1817, he made an important speech in pre- senting a petition signed by 138 of his constituents of St, Vincent and Auckland in favour of the reduction of the mini- mum price of land from 1/. an acre to 5s. In this speech he even supported the plan of what is known in Australia as ' deferred payments,' by which the settler pays for his land in instalments. Only by these means, he urged, could the Government hope to settle the people on the lands of the Colony ; only in this way could a genuine yeomanry be formed in Australia. Daily the breach between Piobert Lowe and the squatter party grew wider. It only needed the promulgation of Earl Grey's new Land Policy to make that breach irreparable. In order to render intelligible his public conduct when that Minister's famous Orders in Council were promulgated, it is necessary to explain the transformation that had taken place in the status and position of the squatters of New South Wales, since the time when they trembled before the arbitrary acts of Lord Stanley and Sir George Gipps. Smarting under the aggressions of Downing Street and the agrarian experiments which Lord Stanley and Sir George Gipps had learnt from the too ingenious Gibbon Wakefield, the squatters, being shrewd men, saw that their only hope of rescue was to appoint and pay a vigilant agent in the House of Commons. Men like Charles Duller and Bulwer Lytton, THE POPULAR LEADER 299 with whom they were in constant correspondence, were either too philosophical or too literary to make efficient wire-pullers ; but they found in the Hon. Francis Scott, brother of Lord Polwarth, an almost ideal representative of their interests at Westminster. Mr. Scott was a barrister, a director of the South Western Eailway Company, a first-class business man, a country gentleman highly connected, and a Conservative M.P. He accepted the post, the salary of which was fixed at 5001. a year. Mr. Scott's position with regard to the Australian pastoralists was precisely the same as that held by Mr. Eoebuck for the Jamaica planters, and by Edmund Burke for the colonists of what is now the State of New York. Some of his Australian principals were as well connected as himself, having relatives in both Houses of Parliament ; and Mr. Scott was soon able to organise a party in the House of Commons ' which very narrowly watched the proceedings of Colonial Secretaries of State. It would be absurd to blame the squatters for doing their utmost ' by constitutional means,' as the phrase goes, to im- l)rove their lot. But it very soon became apparent to Kobert Lowe that the new Secretary of State, Earl Grey, had been induced to surrender the entire rights of the Australian com- munity in the public estate to the pastoral tenants of the Crown. Up to this- point he had in the main fought and worked side by side with Wentworth ; but as soon as Earl Grey's despatches were laid on the table of the Legislative Council — and even before, as their purport had leaked out — they became the leaders of two fiercely opposing parties. Lord Grey had, indeed, little as he probably suspected it, ' At a great banquet in Sydney, Mr. Archibald Boyd remarked that ' In paying their (the squatters') just tribute to Mr. Scott, they should not be forgetful of the claims of others. They had received the greatest assistance from Lord Polwarth, from Mr. Mackinnon, M.P. for Leamington, and Mr. Pringle, M.P. for Selkirkshire.' How many Victorians, I wonder, know why one of their counties is named ' Polwarth ' ; or that so much of the colony was in these days a sheep-run of the brothers Boyd. 300 LIFE OF LORD SHERBROOKE surrendered the entire colony into the bands of some five hundred pastoral tenants of the Crown. For he had actually been induced to bestow upon them fixed leases for fourteen years of their runs in the ' unsettled districts ' (that is to say, the whole of what is now New South Wales, and Victoria, and the South of Queensland, with the exception of a certain radius round the few chief towns). At the same time he retained the high Wakefieldian price of land, thus practically prohibiting further settlement. When Earl Grey's Orders in Council arrived, a select committee, with Lowe as chairman, was appointed ; its report was laid on the table of the House in September 1847. It was a powerful ' document.' Lord Grey, he said, had divided the colony into the ' Confiscated ' and the ' Unconfiscated.' To make confusion worse confounded, Earl Grey next at- tempted to revive the practice of criminal transportation, to the huge delight of the squatters, to whom he had given a practical monopoly of the land, and thus proposed to follow it up by the bestowal of free convict labour. By this means the former suppliants became indeed masters of the situation. The series of philippics — for they were nothing short of that — ^which Robert Lowe delivered in the old Legislative Council of New South Wales on the Land Question, would of themselves form a volume. In the opinion of so good a critic as the late Sir James Martin, Chief Justice of New South Wales who as a young man listened with rapt attention to them, the speeches were never surpassed even by Lord Sherbrooke's greatest efforts in England — the famous series of Anti-Eeform speeches. It will be possible to glance, and no more, at one or two of these orations, towards the end of this volume ; but it is worthy of note in passing that these Australian speeches were on the popular side of a burning question ; by means of them, though he alienated most of his old squatter friends, he became THE POPULAR LEADER 301 nothing less than the popular idol. Working men and the honest poor emigrants who had voyaged to the other side of the v,'orld only to find themselves more vigorously cut off from their ' common mother the Earth ' even than in England, were loud in his praises ; finding their way into the gallery of the old Council-Chamber, and seeing him standing up almost alone against a phalanx of Crown officials and pastoralists, now in complete alliance, they were unable to restrain the expression of their admiration. How different was the effect of his more famous orations against Eeform in England need not now be dwelt upon. By the death of Eichard Windeyer in 1847, at the com- paratively early age of forty-two, Lowe lost the one henchman whose services he would have valued at this crisis. It is singular that Sir George Gipps and his most jiersistent opponent should have passed away, one in England, the other in Launceston, Tasmania, at about the same time, and, I be- lieve, from the same cause — internal cancer. Eichard Windeyer had devoted so much of his energies to public matters, that he died leaving his private affairs in a far from prosperous con- dition. 'After my father's death,' writes his distinguished son. Sir William Windeyer, Puisne Judge of New South Wales, Lord Sherbrooke proved himself a most generous friend, and to his kindness it was owing that my interrupted education was continued.' In the same letter, which will be found in the second volume of this work. Sir William remarks that the youth of Australia owe to Lord Sherbrooke the Act by which they are enabled to go to the Bar without, as before, having to enter themselves at one of the Inns of Court in London. Before the new Orders in Council reached Sydney, and were laid on the table of the House, Eobert Lowe sounded the note of warning : — The squatters now look on me as their enemy ; but certain am I that, if they would open their eyes and look to their own true interests beyond the little vista of selfishness to which they at 302 LIFE OF LORD SHERBROOIvE present confine their gaze, they would not call me their enemy. In this cause — the cause of the colony — no selfish feeling shall deter me from what I feel to be my great and responsible duty, and it is with proud feelings instead of shame that I am able to assert that I represent the opinions of almost every colonist in New South Wales who is not a squatter. In the same strongly personal vein, showing how greatly he was moved by the change in his relations to his former friends, he went on to declare that he * was not opposed to the squatters — he would make the burden upon them as light as possible ' : — I would give them every encouragement to go forth into the wilderness, to gather the wealth of the colony, and to bring it back in wool ; but to give them a permanency of occupation of those lands — those lands to which they had no better right than that of any other colonist — which were the inalienable possession of generations and generations yet unborn, I can never consent to. Its effect would be to lock up all the lands of the colony, to reduce the rest of the population to a state of vassalage and serfdom, to throw abroad in the land the torch of discord, jealousy, and dissension. It would be to leave succeeding generations an agrarian law as a legacy, to be a bone of contention through future ages, such as history told them it had ever been. It would be to create in the social and political structure of the colony an element of perpetual strife, violence, and anarchy, till, wearied out with ceaseless struggles, it ended in the abrupt and total subversion of the order of things. The prophecy which I had ventured to make when urging the land resolutions on the Council, is now about to be fearfully fulfilled. I then predicted that a system of conciliation in lieu of one of oppression towards the squatters would be adopted by the Home Government. The measure noAV proposed by the present Minister is far more dangerous, though not so harsh and insulting, as the policy pursued by Lord Stanley. For against regulations intended to oppress a class, all could unite — it forced them to unite, and kept them together ; but in the present circum- stances, the bait of immediate selfish emolument is held out, and many would, in the gi'cedy contemplation of that, lose sight alto- gether of the general good. From the time of the delivery of this speech, Eobert Lowe assumed the post which Wentworth had relinquished — that of the popular leader in the Legislative Council. THE POPULAR LEADER 303 Although his political position was now one of singular isolation — for he had both the Crown officials and the squatter party against him — he renewed to some extent his social relations with Government House. Thus, on the Queen's birthday, May 24, 1847, we find ' K. Lowe, Esq.' amongst those presented to Sir Charles Fitzroy at the levee. Mrs. Lowe about this time writes to Mrs. Sherbrooke of Oxton : — I have seen more of Sir Charles and Lady Mary Fitzroy. They are most polite to us, and I like them very much. I have just been planting seeds that were collected on Dr. Leichhardt's expedition ; a gentleman who accompanied him gave me a few seeds of each new flower which they discovered. I intend to make drawings of our new place. I only fear you will think that I have exaggerated its beauties, but I assure yoii that it would be beyond my power to do so. I lead a very quiet life, and now seldom go into Sydney. Eobert rides backwards and forwards every day, and I am sure the exercise is most beneficial to him. The horses of this country are as safe and sure-footed as the mules of Switzerland, and display a surprising degree of intelligence, ^hich I attribute to the life they lead as colts in the bush. They have a most extraordinary facility in finding their road, and seem to be aware of the habitation of man miles before reaching the spot. After giving a rather deplorable account of the social condition of Sydney, both as to its so-called higher and lower classes, Mrs. Lowe pays a special compliment to the female emigrants from the north of Ireland. Li another letter to the same correspondent she refers to the two little charges who were part of the Nelson Bay household. The two little children are very good. Polly is now sitting close to Eobert reading Burke's works ; sbe reads beautifully, and is not yet quite nine ; she will have been with us three years next Christ- mas. Bobby, I think, is my favourite ; he is such a nice little boy, with a sweet temper, and is growing really quite pretty ; he has dark eyes, and a most faithful countenance. You would be quite amused to see him wait at dmner. Our new Governor, Sir Charles Fitzroy, is very popular, and Lady Mary Fitzroy is liked. Lady Mary Fitzroy, indeed, became a greater favourite daily, but was unfortunately killed in a carriage accident 304 LIFE OF LORD SHERBROOKE toward the close of 1847 at Paramatta, to the great grief of Mrs. Lowe and all who were admitted to her intimacy. A somewhat dramatic scene took place at this time between Mr. Lowe and Bishop Broughton, against whom, it must be admitted, he displayed at times his strong anti-clerical bias. Mr. Lowe introduced a Bill to give clergymen a freehold in their benefices ; the Bishop begged to be heard against it at the Bar of the House. ' The scene,' writes Mr. Rusden, ' was striking. . . Throughout his address, of which Mr. Lowe admitted the eloquence, the Bishop was heard with respectful attention.' The Bill was withdrawn. It was also about this time that Lord Sherbrooke was brought into relations with Caroline Chisholm, 'the emigrant's friend.' That lady, an English Roman Catholic, had first arrived in New South Wales in 1839 with her husband, Captain Archibald Chisholm, of the Indian Army, then on sick leave. What she saw of the misery of the poor emigrants deter- mined her to return and devote her life to their cause. Naturally, Lord Sherbrooke had as great a horror of pro- fessional female philanthropists as had the creator of Mrs. Jellyby ; but, like most of the leading colonists at that time in Sydney, he freely acknowledged that Caroline Chisholm was a clear-headed and practical woman, with plenty of self- reliance, and fully able to carry into practice her charitable schemes. There was something, too, in the courage with which she had, single-handed, fought the battle of the poor and helpless outcasts of the Old World, which appealed to his sense of chivalry. When Mrs. Chisholm first arrived she was received with marks of favour by the Roman Catholic clergy ; but, as Mr. Samuel Sidney observes : ' As soon as they found it was to be a universal, or, to use the Irish term, a "godless," scheme of prac- tical philanthropy, and not sectarian and proselytising, they op- posed it vehemently.' As the same writer points out, the Crown ofiicialB were not very enthusiastic about housing and looking THE POPULAR LEADER 305 after shoals of immigrants, as it meant * more work, some super- vision, and no increase of pay.' The squatters — who were the chief employers of labour — preferred single men ' without encumbrances ; ' whereas Mrs. Chisholm's pet scheme was to settle married couples and their families on the lands of the colony. Dr. Lang, who was a host in himself, at first, on account of Mrs. Chisholm's faith, raised the ' No Popery ' cry, though afterwards he somewhat reluctantly acknowledged the honesty of her motives. Thus, like most persons who do a work in the world, Mrs. Chisholm had to do it alone. Even- tually she won the hearts of the poor of all races and creeds, and the admiration of all worthy colonists. In August 1847 a committee was formed, of which Eobert Lowe was a pro- minent member, to raise a subscription to augment Mrs. Chisholm's slender income in order to assist her in her emi- gration scheme. Among those who supported this movement with their names and subscriptions were : Alexander Macleay, W. C. Wentworth, Charles Cowper, Dr. Nicholson, J. B. Darvall, S. A. Donaldson, J, P. Eobinson, W. H. Suttor, Francis Lord, W. H. Manning (Solicitor-General), William Bland, Captain O'Connell, and Clarke Irving — all repre- sentative colonists. As well as supporting the movement by pen and purse, Ptobert Lowe wrote some verses in honour of Caroline Chisholm, which I transcribe, partly because their authorship has lately been disputed in various Australian journals. TO MBS. CHISHOLM The guardian angel of her helpless sex, Wlaoni no fatigue could daunt, no crosses vex, With manly reason and with judgment sm-e. Crowned with the blessings of the grateful poor ; For theni, with mirepining love, she bore The boarded cottage and the earthen floor, The sultry day in tedious laboiu" spent, The endless strain of whiniiig discontent. Bore noondaj-'s burning sim and midnight's chill, The scanty meal, the joiu^ney lengthening still ; VOL. I. X 306 LIFE OF LORD SIIERBROOKE Lavished her scanty store on their distress, And sought no other guerdon than success, Say, ye who hold the balance and the sword — Into your lap the wealth of nations poiu-ed — What have ye done with all your hireling brood Compared with her, the generous and the good ? Much ye receive, and little ye dispense : Your alms are paltry, and your debts immense ; Yoiu" toil's reluctant, freely hers is given : You toil for earth, she labours still for heaven. 307 CHAPTEK XX MK. Gladstone's proposed penal colony Archbishop Whately and Charles Buller — Dr. Bland and the Australian Patriots — Review of the Transportation Question — Mr. Gladstone's De- spatches to Sir Charles Fitzroy — Wentworth's Select Committee — The Penal Colony in North Australia — Robert Lowe in the Atlas — A Popular Idol In order to complete the narrative of Lord Sherbrooke's career in New South Wales, it will be necessary to lay special stress on the two great colonial questions in the discussion of which he took so large a share, namely, the settlement of a genuine yeomanry on the public lands, and the stoppage of the transportation of criminals from Great Britain and Ireland. But before entering into these matters, it may be well to pause and note that the chief actors heretofore on our stage had now disappeared. Sir George Gipps was succeeded by Sir Charles Fitzroy as Governor of New South Wales, and Lord Stanley, the Colonial Secretary, was succeeded, firstly for a brief while by Mr. Gladstone, and then by Earl Grey. During Mr. Gladstone's tenure of the office he attempted an experiment in Northern Australia, so remarkable in itself and so suggestive, in the light of his successor Earl Grey's transportation policy, that it may be well to consider it with some degree of care and fulness. When Mr. Gladstone stepped into Lord Stanley's place, an article appeared in the Atlas headed ' British Politics,' in which the new Colonial Secretary was thus referred to : ' Whether Mr. x2 308 LIFE OF LOUD SIIERBROOKE Gladstone will prove himself to be more conciliatory and more constitutional [than Lord Stanley] remains to be seen. He is, we believe, an amiable and kind-hearted man, whose only failing is stated to be a leaning towards the foolish doctrines of Paseyism. If he has a due respect for the civil liberty of his fellow- subjects in the colonies as well as in the mother country, and has good sense and independence enough to liberate himself from the trammels of his underlings, he may do some good — as much perhaps as the present system will admit of.' Little did the writer imagine that the first act of Mr. Gladstone as Colonial Secretary would be to send out de- spatches to Su^ Charles Fitzroy in favour of the resumption of criminal transportation. To realise the commotion that the publication of these despatches caused in the colony it will be necessary to explain the state of public feeling which had grown up both in England and in Australia on this question. Mainly through the exertions of that wonderfully clear- headed and able man, Eichard Whately, Archbishop of Dub- lin, Sir William Molesworth's Committee of the House of Commons (1838) had pronounced against transportation to Australia as the accepted form of what was called ' secondary ' as distinguished from capital punishment. Before this com- mittee Dr. Ullathorne, the Eoman Catholic Vicar-General, gave some appalling personal testimony as to the social con- dition of the island of New Norfolk, whither were drafted all the worst and most incorrigible convicts from New South Wales. Nothing, however, even in the pamphlet which he subsequently published on this subject, is more horrible than the plain statement made to Sir William Burton by an intelligent con- vict when the judge visited New Norfolk for the purpose of trving a number of refractory prisoners in 1834. ' Let a man's heart,' he said, ' be what it will when he comes here, his Man's heart is taken from him, and there is given to him the heart of a Beast.' Of course, the colony of New South MR. GLADSTONE'S PROPOSED PENAL COLONY o09 "Wales was by no means in the awful state of its wretched insular satellite, which was entirely reserved as a receptacle for incorrigible criminality. For all that, the evidence given before the Select Committee of the House of Commons clearly shows that it was in a condition that no civilised and self- respecting community could much longer tolerate, while Van Diemen's Land was only a shade better, if at all, than Norfolk Island. But it should be clearly stated that there is no greater myth than the prevailing impression that shiploads of crimi- nals were forced by hard-hearted English officials on unwilling colonists. This statement, which may sound rather heterodox, especially in the ears of * Young Australia,' can be proved to demonstration. Dr. William Bland, one of the leading colo- nists of New South Wales, who was then the colleague of Wentworth in the representation of the city of Sydney, wrote on behalf of the Australian Patriotic Association a series of * Letters to Charles Buller, Jun., Esq., M.P.' These ' Letters ' were published, and dedicated to ' William Charles Went- worth, Esq.,- M.C., in Admiration of his Talents, and as a Token of sincere Eegard.' (Sydney, 1849.) The purpose of this correspondence with Charles Buller was to endeavour to convince him that the transportation of criminals, and the assignment of convicts to private service, were alike beneficial to England and to Australia. These * Letters ' afford conclusive evidence that while leading English- men, notably such men as Archbishop Whately, Sir William Molesworth, and Charles Buller, were on the broadest and most disinterested grounds working for the cessation of criminal transportation, many leading colonists, among whom were the ' Australian patriot,' William Charles W^entworth, his friend and colleague Dr. Bland, and Sir John Jamieson, the most prominent of pastoralists, were moving heaven and earth — or, rather, doing a vast amount of subterranean political wire-pulling — to stock their country afresh with English and 310 LIFE OF LORD SIIERBROOKE Irish jail-birds.' In one of these letters to Charles Buller Dr. Bland unblushingly observes : ' We are aware of the diffi- culties in our ivay — that the leaders of every party in the House of Commons are opposed to the continuance of those systems, par- ticularly to tJtat of jirivate assignment.'' The patriotic doctor then goes on to explain to his correspon- dent that an ' assigned convict ' is, in respect to his ' assignee,' precisely in the same position ' as the free servant is to his master.' It is startling, but perhaps wholesome, to compare such views with the notable utterance of Archbishop Whately, who wrought a revolution on the subject in the minds of thought- ful Englishmen. The punishment (said Whately to Judge Denman) is one which causes more mischief than it does pain, and which is the more severe to each in proportion as he is less of such a character as to be deserving of it When Shakespeare makes someone remark to Parolles : ' If you could find a country where but women were, who have undergone so much shame, you might begin an impudent nation,' he little thought, probably, that the experi- ment of beginning such a nation would be seriously tried, and from not having quite enough of shameless women, we should be sending out cargoes of girls to supply the deficiency."^ Charles Buller, in reply to Dr. Bland, pointed out to him and the other ' Australian Patriots,' that, as long as trans- portation existed, they could not hope to have responsible government. Buller knew well what he was talking about, and did not mince matters. 'I am fully convinced,' he wrote, ' that it is idle to make any effort for the establish- ment of representative institutions in New South Whales as long as transportation to it continues.' For, as he pointed out, even the most liberal-minded Eng- lish statesman would hesitate to confer such institutions on a ' At no time were many Scottish criminals sent to Australia, which is a reason generally overlooked for the superior energy and morale which have made the Scotch so pre-eminently successful as colonist there. - Life and Correspondence of Archbishop Whatchj, third edition, p. 96. MR. GLADSTONE'S PROPOSED PENAL COLONY 311 convict-ridden community. Free emigrants of a better class, too, would not choose a p^nal colony for their adopted home, and that of their wives and children. ' Nor will that prejudice,' he added, ' be removed while men of great influence like the Archbishop of Dublin, and periodical publications of no less influence, continue by denunciations of the state of the Penal Colonies to foster and augment the dislike to emigrate to them.' But Dr. Bland and the ' Australian Patriots ' were quite unabashed, and even ventured to controvert the Arch- bishop's unanswerable arguments against transportation ; for which of us cannot find arguments in support of a profitable practice ? The following brief letter from Bland to Charles BuUer is quite an historical curiosity in its way : — Sydney : November 22, 1840. You state that all parties are agreed in "wdthholding free insti- tutions from New South Wales while it continues to be a penal colony. We regret the error on which this determination is founded, and not less the lateness of the receipt of information in this country in respect of that error, and which alone prevented its timely refutatioii on our part. This circumstance we attribute to the unfortunate interval in the representation of this country in Parliament between the years 1837 and 1839. For though on the retirement of Mr. Bulwer,' that office was nominally transferred to yourself, yet from your unavoidable absence in Canada we have been possessed of the benefit of your important services only from the opening of the session of 1839. Despite these ' Australian patriots,' transportation practi- cally ceased from 1840, and no criminals were sent to New South W'^ales during the governorship of Sir George Gipps. As often happens in the conduct of human affairs, this great moral reformation came at the very worst possible time. It came ' Lord Lytton, the novelist, who afterwards became Secretary of State for the Colonies. He had previously written to the Patriotic Association, advising them to appoint a Parliamentary agent in London ; they accordingly appointed him, and forwarded a cheque for 500L, the amount of the annual honorarium, which, however, he declined to accept, and gave his services gratuitously. 312 LIFE OF LOPtD SHEEBROOKE at that time of terrible financial depression when the whole colony seemed to be in a state of iii^olvency ; and it increased the commercial gloom and made the lot of the squatters and other settlers still harder. For it must be remembered that as long as the colony was an Imperial penal station, there were thousands of convicts and hundreds of soldiers to be fed, and consequently fortunes were made (chiefly by rascals) out of Government contracts. Trade, especially in the sale of rum, was brisk. Nor can it be denied that for some years the free emi- gration to New South Wales was very inadequate both in quality and quantity, so much so that these ' Australian patriots ' and their friends all over the country were able to make out a case in favour of the resumption of transportation. Still, any keen and impartial observer on the spot could have discerned that New South Wales was steadily improving socially, morally, and financially, and that, as a consequence, free and untamted immigration would soon set in. Even before Sir George Gipps left there was every sign of increased mate- rial prosperity, when suddenly, like a thunderbolt, came Mr. Gladstone's ill-omened despatch to Sir Charles Fitzroy, in which he threw amongst the colonists, like the apple of discord, the renewal of criminal transportation, and, as a consequence, * cheap labour.' This despatch was dated Downing Street, April 30, 1840, and began as follows : — 'G'^ To Governor Sir C. A. Fitzroy, New South Wales. Sir, — I am desirous that at the commencGment of your adminis- trative duties as Governor of New South Wales, you should be possessed, m a form as definite as the state of the case admits, of the views of Her Majesty's Government with regard to the introduction of convicts into that colony. You are aware that the practice has been for some years past to exclude New South Wales from the sentences of transportation passed in this country Her Majesty's Government sym- pathises with the impatience of the colonists of New South Wales under the system which prevailed there some years ago ME. GLADSTONE'S PROPOSED PENAL COLONY 313 But the question is essentially and entirely different, whether it might not be a measure favourable to the material fortunes of New South Wales and unattended with injury to its higher interests to introduce, either directly from England at the commencement of their sentences, or from Van Diemen's Land at some period during their course, a number of prisoners, small in comparison with the numbers that were carried to that colony under the former system of transportation. It is not difficult to imagine the joy of Wentworth, Bland and the Australian Patriotic Association, when Sir Charles Fitzroy made this despatch public, as he did at once, with a view of eliciting colonial opinion. The present colony of Victoria, whose boast it is that it never directly received English criminals, was selected as a corpus vile for the ex- periment. The labour of such persons [convicts] would be more liberally remunerated in Port Phillip than in Van Diemen's Land. They would be much more thinly dispersed among the population, would form a scarcely perceptible element in the composition of society, and would enjoy those favourable opportunities of improving habits and character, which transportation, according to its first theory, was designed to afford ; and if this disposal of them, during the latter portion of their respective terms, should follow upon a period of really efficient discipline in the probation gangs (which as yet I by no means despair of their being made to yield) during the earlier portion, in such cases I conceive, while the economical benefit to Port Phillip would be great, the hazard from which such an immigration can never perhaps entirely be set free, w^ould be reduced to its mini- mum, and the hopes of the ultimate reformation of the convicts proportionally raised. One can again picture the jubilation of the Messrs. Boyd and those other pastoral tenants who had made Port Phillip ' one vast squattage,' at this prospect of cheap convict labour. Mr. Gladstone did not even stop here, but threw out the suggestion that a limited number of convicts from England might be introduced into New South Wales itself for the execution of public works, such as the making and repair of roads, ' always presuming that they are neither destructive to health, nor essentially liable to moral objections.' 314 LIFE OF LORD SHEEBROOKE This is the gist of the despatch. Never did the happy Epicureanism of Sir Charles Fitzroy display its superiority over the severer sense of responsibility in Sir George Gipps than when, on receipt of this document, he at once published it, and so gave the colonists, as he said, an opportunity of deciding the matter for themselves.' Such a despatch would have given Sir George many a sleepless night, and, probably, have led to a fierce conflict with the Legislative Council in which (like the brave gentleman he was) he would have borne the brunt, and done his best to shelter his master in Downing Street. This despatch threw the community into a state of wild commotion. Wentworth, who had now become the chief of the ' transportation party ' and the political leader of the ' squattocracy,' moved in the Council for a select committee to inquire into and report upon the entire subject of the trans- portation of criminals into New South Wales. It was duly appointed, with Mr. Wentworth himself as Chairman, and Eobert Lowe as one of its members. If anyone will take the trouble to read the evidence given before this transportation committee, he will be simply astonished to see how uncompromisingly the squatters gave their evidence in favour of again receiving English criminals. Mr. Benjamin Boyd, for instance, stated that ten thousand convicts could be taken ' beyond the boundaries,' and be profit- ably assigned to the squatters. He would land them at Portland Bay, Twofold Bay, and Moreton Bay, so as to avoid Sydney and Melbourne. Every employer preferred ticket- ' Sir Charles Fitzroy was in reality of that type of aristocratic viceroy, now almost universal in our gi-eat self-governing colonies. He was the third son of General Lord Charles Fitzroy, brother of the Duke of Grafton. His wife, Lady Mary, was daughter of the Duke of Kichmond. A man with such con- nections was not likely to fear the powers of Downing Street, as did the class of ' official ' governors, whose pension and promotion depended entirely on the Secretary of State. On landing on the lovely shores of Port Jackson, Sir Charles is said to have observed : ' I cannot conceive how Sir George Gipps could permit himself to be bored by anything in this delicious climate.' MR. GLADSTONE'S PEOPOSED PEXAL COLONY 315 of-leave men to bounty emigrants. ' I have few immi- grants,' he added, ' in my employ.' He maintained that the Americans had got control of the South Sea fisheries in the Pacific because of the scarcity of labour in the Australian colonies. • Mr. Lowe plied Mr. Boyd with many pertinent questions, to which he gave careful and guarded replies ; but there was evidently the happiest understanding between him and Mr. Wentworth, as the following questions and answers will show. By the Chairman. — Do you not think the ticket-of-leave system one of the happiest devices possible for reforming these people ? — Yes : I have already mentioned that I believe I am one of the largest employers of labour in the colony, and I have always found the ticket-of-leave men the most efficient servants. By Mr. Loiue. — Would there not be an outcry raised if you were to pay these people wages, that they were placed on the same footing as free men ? — Such has been the demand for labour, and the exorbitant rate of wages demanded by the bounty emigrants, that we have been obliged by necessity to hire expirees from Van Diemen's Land ; and until there is a fall of at least 50 per cent, in their demands, the emigrants will have no right to complain. By Mr. Lozoe. — Might not this state of things be a means of deterring free people from coming to this colony altogether ? — I do not think it would have that effect, as the prosperity of the colony, with an ample supply even of convict labour, would soon induce free immigrants to seek it as a field for employment. Mr. Wentworth then proceeded to ask the witness some questions about ' systematic religious instruction ' for these ' exiles,' which Mr. Boyd answered in the most beautiful and becoming spirit.^ The report of this select committee bears ' Mr. Boyd said Great Britain and her colonies had only fifty-nine vessels ; America 670 whalers in the Pacific, employing 20,000 men, consuming upwards of 200,000Z. worth of iprovisions annually, and importing into American harbours 1,G(J6,000L ; yet these vessels came 1G,000 miles to fish on our coasts. - Mr. Benjamin Boyd actually indited and published a letter to Sir William Denison, then Governor of Van Diemen's Land, ' On the expediency of trans- ferring the unemployed labour of that colony to N.S.W.' (1847), in which he observes : ' England formed penal colonies at the uttermost ends of the earth ; the capital and free labour which followed were not enticed hither under any provisions of abolishing the convict establishments ; capitalists and labourers 316 LIFE OF IA)IID SHERBROOKE evident traces of Wentworth's masterly hand, though it is not difficult to perceive the restraining touch of Lowe, who was about to become the principal agitator against transpor- tation in any shape to any part of Australia. In this report there is a clause about a ' new penal settlement immediately to be formed on the very northern boundary of this colony.' This refers to a subsequent scheme propounded by Mr. Gladstone to Sir Charles Fitzroy. He required only a week after the sending off of the original despatch to concoct an entirely new plan for the revival of transportation to Australia. Writing from Downing Street on May 7, 1846, he proposed to found a convict colony in Northern Australia, northward of the 26th degree of south latitude, by letters patent under the Great Seal of the United Kingdom. Sir Charles Fitzroy, like most of the disciples of Epicurus, was not without a sense of humour ; but it is difficult to say whether he sighed or smiled as he read this eminently characteristic despatch, and thought of the rising tide of popular indignation in Sydney when he should publish it in the newspapers. Mr. Gladstone thus began his discourse to Sir Charles : — No truths can at once be more familiar, weighty, and indisput- able, than that the first rudiments of every new colony should be selected from the most virtuous, intelligent, and hardy classes of the colonising State ; and should be composed of capitalists and manual labourers, bearing a due proportion to each other. I sincerely and deeply regret the impossibility of taking those great principles for our guide in the present instance. Public opinion has demanded, and Parliament has enacted, the abolition of the punishment of death in almost all cases except treason, murder, and the infliction of wounds or injuries with a murderous intention. Hence the importance of an effectual eagerly flocked to shores where the large disbursements of the public treasury, and the sustained demand for labour, presented a standard of profit and re- muneration unattainable in the mother country, and in the attractive rates of interest and the high scales of wages and rations, both the employer and the employed waived all reference to the "moral contagion " which a feiv alarmists now profess to dread.^ MR. GLADSTONE'S PROPOSED PENAL COLONY 317 secondary punishment has become greater than ever. — [Hence — to cut Mr. Gladstone a little short — transportation to Australia to be revived.] But here a difficulty presented itself. ' It has happened, either by the enactment of positive laws, or by pledges said to have been made by her Majesty's Government, that no place is left in Australia for the reception of transported convicts, except Van Diemen's Land and Norfolk Island.' Hence, Mr. Gladstone argued, the necessity for the erection of the new convict colony of Northern Australia under Colonel Barney. The despatch concludes : — I cannot but advert to the possible, though I do not doubt improbable, difficulty with which you may have to contend. I advert to the dissatisfaction with which the Legislature and the Colonists of New South Wales may contemplate this measure. I should much lament the manifestation or existence of such a feel- ing. It would be with sincere regret that I should learn that so important a body of Her Majesty's subjects were inclined to oppose themselves to the measures which I have thus attempted to ex- plain. Any such opposition must be encountered by reminding those from whom it might proceed, in terms alike respectful and candid, that it is impossible that her Majesty should be advised to surrender what appears to be one of the vital interests of the British Empire— [i.e., to create a fresh Alsatia at the Antipodes]. Having practically relieved New South Wales, at no small inconvenience to ourselves (as soon as it became a burden), of receiving convicts from this country, we are acquitted of any obligations in that respect, which any colonist the most jealous for the interest of his native or adopted country could ascribe to us. In a second despatch, covering two newspaper columns, dated May 8, he gives minute instructions as to the method of establishing the new convict colony of Northern Australia. Nor was this all. The Lord Auckland sailed early in January for Northern Austraha, having on board : Lieutenant-Colonel Barney, superintendent of the projected colony, Mrs. Barney, and family; W. W^. Billyard, Esq., chairman of quarter sessions; James S. Dowling, Esq., crown prosecutor ; E. C. Merewether^ 318 LIFE OF LORD SIEERBROOKE Esq., acting colonial secretary ; Mr. G. H. Barney, clerk ; Assistant Commissary- General Darling ; Captain Day, 99th Eegiment, Mrs. Day, and family ; Mr. W. A. Brown, deputy- sheriff ; Mr. Robertson, surgeon ; Mr. George 0. Allen ; Mr. W. K. Macknish, wife and family. These, with twenty soldiers, and some labourers and servants, comprised the nucleus of Mr. Gladstone's penal colony. However, Mr. Gladstone retired from the Colonial Office at this juncture, and his successor, Earl Grey, wrote promptly to Sir Charles Fitzroy, on November 15, to this effect : — I cannot conceal from you that her Majesty's present con- fidential advisers dissent from the view taken of this subject by their immediate predecessors, even in reference to the state of facts under which they acted, and to the ' considerations by which they were guided. . . . Since the decision was taken there has been such a change in the state and circumstances of society in the Australian colonies as would, could it have been foreseen, have doubtless been regarded by the authors of the project as conclusive against it. . . . Her Majest}' will, therefore, be advised to revoke the letters patent under which North Australia has been erected into a separate colony ; and the establishment formed there must be immediately discontinued. Mr. Lowe rose to the occasion. His pen now rarely found journalistic employment, for, after re-entering the Council, he soon ceased his connection with the Atlas; but such a subject as Mr. Gladstone's proposed penal colony was altogether too tempting. In the first instance, he dealt with it in a stirring leading article, written in his most pungent style. Then, when the expedition under Colonel Barney sailed out of Port Jackson, he wooed the comic Muse: — How blest the land where Barney's gentle sway Spontaneous felons joyfully obey, Where twelve bright bayonets only can suffice To check the wild exuberance of vice — Where thieves shall work at trades with none to buy, And stores unguarded pass luirifled by, Strong in tlieir new found rectitude of soul, Tamed without law and good without control. lAIR. GLADSTONE'S PROPOSED PENAL COLONY 319 Still more ludicrous was the subsequent wail over the fiasco, which appeared in the form of an inscription on the monument proposed to be erected on the spot where Colonel Barney landed at Port Curtis : — Here Barney landed — memorable spot Which Mitchell never from the map shall blot . . . For six long hours he did the search pursue, For six long hours — and then he thirsty grew ; Back to the rescued steamer did he steer, Drew the loud cork and quaffed the foaming beer ; Then ate his dinner with tremendous gust, And with champagne relieved his throat adust, Fished for his brother flat-fish from the stern. And thus victorious did to Sydney turn ! Passing from poetry to the hard facts of the cost of this futile experiment, I find, from an official memorandum, that it amounted to some 15,402L 6.s. 2d., all of which was simply thrown into the sea. However little one may accept the absurd saying, Vox popidi vox Dei, it is quite true that it was the bulk of the respectable labouring men and women of Australia who won the battle that cleared their shores of the taint of convictism. As will be shown in a succeeding chapter, they found in Eobert Lowe a valiant and eloquent leader, who threw himself heart and soul into the question, and became — what he never was before or after — the idol of the masses. 320 LIFE OF LORD SHEEBEOOKE CHAPTEE XXI NOTES OF A GREAT SPEECH Legislative Council, Sydney : Oct. 9, 1846 Befoee passing on to the stormy scenes, many of them en- acted under the bUie vault of heaven, when Eobert Lowe, in defiance of all his inborn traditions — his love of close reason- ing, his keen but scholarly wit, his distaste for mere empty de- clamation — found himself compelled to be the leading agitator in the colony, let us take a glance at some notes of a fine and thoughtful oration delivered by him in the Legislative Council on his favourite subject of education. This was on the evening of October 9, 1846, when he rose to move : — That an Address be presented to his Excellency the Governor, praying that he will be pleased to place on the Estimates of Expenditure the sum of 2,000/. to meet the expenses of schools to be conducted on the principles of Lord Stanley's National System of Education ; and that his Excellency will be pleased to appoint a Board favoui'ablc to that system, and take all other steps necessary for bringing it into immediate and eli'ective operation. It will bo remembered that almost from the time he entered the Council as a Crown nominee, Mr. Lowe had been the chief educational reformer in Australia. The ques- tion, moreover, had for the last two years been amply dis- cussed both in the Council and on the public platform. During this period tlic clergy had organised their forces, NOTES OF A GREAT SPEECH 321 while the leaders of the Koman Catholic church had made a complete volte-face. It was from that quarter that the re- formers had most to fear ; for its flocks were both numerous and ignorant. Mr. Lowe began to see that the victory would not be won easily, and that, do what he might, it would in all likelihood take some years simply to ' educate his masters ' — the voters in the community. But he remained undaunted ; and, on the evening referred to, set himself the task not only of explaining the advantages of a general system of educa- tion, but of meeting and controverting the position taken up by his opponents, who declared that he was advocating a ' godless ' system. His answer to this charge will furnish the first extract from his speech, which is given as nearly as possible in the words he used in addressing the Legislative Council. A ' Godless ' System. The objection urged to this system when it was first brought forward was that it Avas a godless and irrehgious system. Now, I am ready to confess that I am an advocate for irreligious teaching— that I Avould have people made shoemakers or tailors without the aid of religion at all — that all mechanical arts should in fact be taught irreligiously. I am of opinion that religion should be mixed up with none of these things, on the principle that it is sufficient to teach one thing well at a time ; and if children are to be taught to read and write, their attention should be confined to reading and writing, and I repudiate the idea of teaching reading and writing according to any system of religion. So also I am for an irreligious system of arithmetic, for I can see nothing but evil from blending theology Avith simple addition, or cosmogony with subtraction. God forbid that I should wish children to be brought up irreligiously. I would have a child instructed in religion as in anything else, but what I want is that religion should not necessarily be mixed upAvith instruction in reading, writing, and arithmetic. The whole fallacy, indeed, turns on the word education ; if the Avord meant reading and writing, then ought religion to have nothing to do with the matter ; but if it embraced a wider scope — if it contemplated the entire training of man — the fitting for higher \dews and nobler purposes than those for which his original nature fitted him — if it Avas to raise and improve the Avhole faculties of his being, to make him a VOL. I. Y 322 LIFE OF LORD SHERBROOKE more exalted creature — then would religion become a part of* that education, but in its proper place. But who, I would ask, is there that really wishes the people to be brought up irreligiously '? AYho is it indeed that asks more than to let children be educated, without offending the opinions of peculiar sects ? Money is given for the purpose of education by the State because it is a general good to be applied in the same way to all denominations. At the rate we are going on we shall soon be obhged to have different roads as Avell as different schools, in order that the Roman Catholics and Protestants might not meet for fear they should attack each other. The Duty of the State. I contend that it is the duty of the Crown to put this spirit down. To see that men are not brought up to dwell on these differences in the forms and modes of worship, or let them assume the mere appearance of religion, till in the heat of controversy and bigotry they forget that they are Christians. It is the part of the Govern- ment to repress these things, and to introduce a system which will teach them to live in harmony, to enlighten men, to soften them — to teach them that religion is a blessing and not a curse, and that the great principle of all religion, whatever garb its doctrine might assume, is the same. It is no part of the duty of a State to see that its population is instructed in the doctrines of a finely drawn, meta- physical faith ; and to attempt such a system would only result in the degrading spectacle of a community torn, not by social or pohtical disagreements, but by the more rancorous and deeply seated war of religious dissensions. No doubt the Anglican Church has had a good effect in England, where people are taught to look lip to it as the established church of the land, and dispensing peculiar blessings as such ; but here, where there should be com- plete religious equality, what are we to anticipate will be the result of this incessant struggle on the part of each denomination to establish an imperium ii\ imperio, within its own precincts, instead of striving to live in the links of one common brotherhood. What system that calls itself Christian can lead to these heart-burnings and jealousies — which, directing its attention to the promulgation of these principles of disunion, teach the Protestant to look on the Catholic as an idolater, and the Catholic to regard the Protestant as a heretic ? How much wiser, hoAv much nobler, to invite a common people — common by birth, by language, and every national tie- — to acknowledge in one brotherhood of feeling, one God, one faith, and one revelation. NOTES OF A GREAT SPEECH 323 In an article written about the time this speech was de- livered, Mr. Lowe defended the selections from Scripture in the class books compiled for the Irish National Schools, on the ground that they supplied the only religious instruction that could be embodied in the ordinary lessons of * common ' schools. He then showed why, in his opinion, the clergy of the various denominations were alike dissatisfied with this, and demanded something more in the way of religious in- struction. The priest, he said, whether Anglican or Roman Catholic, objected to these selections because they were unaccompanied by the definite credal teaching of his church; 'while the Dissenter who, in his dread of tra- dition, finds the whole of his religion in braying forth the empty words, " the Bible, the whole Bible, and nothing but the Bible," objects because the Scriptures are not put entire as a school book into the pupils' hands. The objection of the first two arises from a desire to exercise priestly power — the objection of the last from most contemptible ignorance.' Eeverting again to the speech, Mr. Lowe put before the Council the two systems — the general or ' common ' system of education, calculated to weld the rising generation into a united Australian people, and the denominational system, which could only foster differences and dissensions. Tlie Ttvo Systems. Which system, I ask, is the best and most holy ; which will most conduce to the happiness and enlightenment of mankind ; which is the system which will most harmoniously lead the scattered population of the colony to a sense of the blessings that education is designed to bestow ? Is it not the general system — the system of education in common — that we should prefer in a young community like this, while it is yet ductile, while the fountains of the river of education are yet unpolluted by the prejudices of older nations ? Are we willing to sell this right to give the means of enlightenment to a community — to disseminate a spirit of harmony and bro- therly love — for the sake of a little transient concord '? Which is the nobler, purer feeling : to adopt the intended system of social Y 2 324 LIFE OF LORD SHERBROOKE enlightenment, or to encourage the splitting up of the community into sectarian parties ? Apart from the selfishness, or cowardice, involved in submitting to the latter system for the sake of a little peace, could there he a doubt on such a question ? Would that Council stop to calculate when such a chance was offered ? I ap- prehend not. It will not be excusable if it does not by every means in its power seek to put a stop to the spirit of bigotry and sectarian- ism everywhere prevailing. Some there are too old to be instructed, fi'om whom these pernicious principles cannot be extracted, people who have come out with all their burning prejudices deeply instilled into them, and who T\dll bear them to the grave. But finite as its power is for good, and infinite for evil, it is within the sphere of that House to say that these prejudices shall wane, if not entirely perish with the present generation — it is within its sphere to prepare a happier soil in the minds of the rising generation, for those great principles of religion which are inherent in every shade and denomi- nation of Christianity. Common or Conjunct Schools. The result was that those schools did enlighten the people— did free them from crime, the offspring of ignorance — did make them wiser, happier, better. What, on the contrary, had been the eflects of the denominational system ? Ithadbeen to keep the many in dark- ness, whilst for the sake of show it had educated the few ; nor could there ever be any other result while the teaching of doctrinal points of religion was mixed up with the principles of ordinary education. I will now touch on another branch of the subject, or rather view the subject in another light. It would appear, whether they would or would not, that this colony was to receive con^dcts, that the Home Government had so willed it ; and whether they received them direct, or as expirees, convictism was to be its destiny. If then we do not at once decide on some general plan of elementary instruction, even that Volume on Avhich our religion is based, in which its pre- cepts are to be read, and its promises made known, will be a sealed book to two thirds of the rising population of the country. And what must be the result ? That the ignorant population will greedily receive the invitations to vice and crime, and the leaven of convictism will leaven the whole lump. Instead of rising upwards in the scale, for the reformation of the convicts, they must degrade down to a level with them. What elements, I would ask, are we not letting loose over the land if we shut our faces to the extension of education ? If we refuse to give the power to read to the many, in order that the few may be instructed in accordance with religious prejudices — instead of becoming the seat of religion, of morality, of NOTES OF A GREAT SPEECH 325 enlightenment and civilisation to which it might have been converted, the colony must sink down into the depths of degradation too dreadful to describe. Polluted and lost, her state would only be that which the poet had pictured, and which, except in the words of the poet, I will not attempt to picture. Eeligion, blushing, veils her sacred fires, And unawares Morality expires ; So thy dread empire, Chaos, is restored. Light dies before the uncreating Word. Thy hand, great Anarch, lets the curtain fall. And universal darkness covers all. That, I believe to be the destiny reserved for this colony if a more extended system of education be not immediately set on foot ; and whatever might be the opinion of those whose eyes are blinded in this matter, and who would reserve them for that fate with a dogged determination, I believe it to be the duty of this Council, its imperative duty, to take this matter into its own hands, regardless of clamour out of doors, and to legislate for the present and future enlightenment, the present and future welfare and happiness, of the people by adopting the system I have advocated. Although the famous lines from the Dimciad may seem somewhat forced in the eyes of Australians and Englishmen of the present day, they were singularly appropriate at a time when English ministers and colonial capitalists had leagued together for the revival of criminal transportation. With all his eloquence, Lowe only succeeded in carry- ing his Address by twelve votes to ten, and Sir Charles Fitzroy, following the precedent of his predecessor — prompted, it was said, by the same adviser. Bishop Broughton — refused to place the 2,000/. asked for on the estimates. But, as the subsequent history of Australia has shown, these statesmanlike, if at the time unsuccessful, efforts have borne good fruit. It is to the broad and philosophical teaching of Eobert Lowe in these early years, more than to that of any other Australian public man, that our fellow subjects at the Antipodes owe their existing State school system. 326 LIFE OF LORD SIIERBROOKE CHAPTER XXII MR. LOWE AND THE SQUATTERS Earl Grey's Land Bill — Mr. Lowe on Downing Street solicitude — Wentworth and the Waste Lands — Eoman Nobles and Australian Squatters — Lowe's appeal to the Squatters — To the Council — Lowe's Reply to Wentworth — His Pamphlet — The Division— Review of the Land Question — Agrarian Gamblers — Character of Wentworth — Lowe determines to return to England On June 1, 1847, Earl Grey's despatches relative to his new Australian Land Bill were laid on the table of the Legislative Council. They had the effect of consolidating the squatters' influence, and of winning over the dreaded Wentworth to the side of the Government, The bribe was a tremendous one. By the regulations of the Orders in Council, the whole of the Crown lands of New South Wales — which, let it be borne in mind, then included the present colony of Victoria — were divided into three classes, the ' settled,' the ' intermediate,' and the ' unsettled ' districts. In the settled districts the squatters' ' runs ' were to be leased from year to year ; in the intermediate, eight years' leases were granted to the Crown tenants, subject to two months' notice in the event of any part of the run being required for sale ; while, in the unsettled districts, the occupying squatters were granted fourteen years' lease with the right to a second term of fourteen years if the lands were still unsold. Moreover, the squatters of the inter- mediate, as well as of the unsettled districts were to have what were called 'pre-emptive rights,' by which, if they themselves chose to become the purchasers at the upset price of 1/. per acre, their runs were exempted altogether from MR. LOWE AND THE SQUATTERS 327 public auction. Consider for a moment the effect of this portentous agrarian experiment for which Earl Grey was re- sponsible. The colony of Victoria, then the district of Port Phillip, was, as Mr. Boyd said, at that time ' one vast squattage.' Although so few years had elapsed since Sir Thomas Mitchell had first gazed upon the rich pastures of what he called ' Australia Felix,' it was completely divided from the Murray to the sea into sheep and cattle runs. An enterprising young Englishman with capital, arriving about this time to 'take up country,' went overland to Sydney and informed the Governor that every acre in Port Phillip was already appro- priated. Now, under Lord Grey's Orders in Council the whole of the jDresent colony of Victoria, with the exception of a small area round three towns, Melbourne, Geelong, and Portland, was to be practically handed over for what seems an indefinite period in the life of a young community, to these squatters. We have here the origin of the long and bitter agrarian strife in that colony, as well as an explanation of the deep-rooted feeling of hostility felt towards the squatters as a class by the bulk of the community — a feeling which did not die out until, by successive local Land Acts, the Crown lands were clumsily ' unlocked.' It is a striking proof of the provincial spirit which is still so prominent a characteristic in all the Australian colonies, that the best informed writers in Victoria, in dealing with the Land Question, always attribute their partial emancipation from the squattocracy whom Earl Grey had made into a privileged caste, purely to their own local efforts, to the Land Convention of Melbourne, or to Mr. J. M. Grant's ' 42nd clause,' in an amended Land Act. They entirely overlook, or, rather, have quite forgotten, the magnificent stand which Piobert Lowe made in Sydney in 1847, before Victoria existed as a colony, when it was merely a pastoral adjunct of New South Wales, known as the Port Phillip district. 328 LIFE OF LORD SIIERBROOKE If, however, they investigate the matter, they ^Yill find that to Eobert Lowe, and to him alone, belongs the honour of upholding, almost single-handed, the rights of the whole community to the Crown lands of Australia ; and they will also find, further, that it was he who first fought their battle against the combined forces of the English Govern- ment, the local Executive in Sydney, and the whole weight of the squatter party, led by the former champion of the people, Wihiam Charles Wentworth. As soon as the Orders in Council were made public, this unequal battle began. Before they were promulgated, Mr. Lowe, on September 25, 1846, had moved and carried a re- solution as to the reduction of the upset price of land. It is noteworthy that Wentworth and his party still supported this line of policy. On June 21, 1847, with Earl Grey's despatches on the table, he moved a resolution : ' That with reference to the proposed Orders in Council laid on the table of this House on J.une 1, 1847, this House reaffirms the resolution agreed to on September 25, 1856, that is to say, that while the minimum upset price of 11. per acre is maintained, the squat- ting system can never be settled on a just and satisfactory basis.' On this occasion he failed, and the Council stultified itself by negativing its previous action. Eobert Lowe, however, delivered a most memorable speech, which contains a fuller exposition of the Australian Land Question than any ever delivered. Seizing upon an admission of Lord Grey in his despatch ' that this squatting occupation is only to be tem- porary,' he exclaimed : — Glad am I to find that the noble Secretary had not so far for- gotten his own English feelings, had not so abandoned his duty as an adviser of his Sovereign, as to have contemplated the perpetua- tion, in this dependency of the Crown, of so pernicious, so degraded a system. That he looked forward to a period — if these orders were carried out I fear an imaginary period — when the broad wastes of New South Wales would cease to be wastes, but would become the abode of civilised men, and flourish with the arts of life. I say it is an imaginary period to which Earl Grey, through the ignorance MR. LOWE AND THE SQUATTERS 329 or hallucination in which he is involved, looks forward — and if this dream of settling the squatters on the Crown lands, and at the same time maintaining the minimum price is acted on, it must remain for ever an imaginary period. The principle of the despatch was right, but the means of working out that principle were utterly wrong ; and this was one of the blessings which we ow^e to legisla- tion 1G,000 miles off. The intention of Earl Grey was evidently to correct an abuse. But were these leases the way to avoid the abuse of favouritism '? Did they not involve a more glaring, a more extended system of favouritism than was ever before displayed in the world ? What right had any particular class of a com- munity to the grant of particular rights and privileges denied to others ? On what ground — I reiterate the challenge of the other night — on what ground did the squatters stand forth and claim these concessions extended to them in favouritism over the whole of the rest of the colony, who had an equal right and an equal claim ? Where were the great services they had rendered to the State ? W' here were the records of their noble deeds, and high achievements, and their devoted services '? W^here were these to be found ? The splendid estates conferred on a Wellington or a Marlborough Avere no marks of favouritism, were in no sense the abuse of patronage, but the just reward for distinguished services offered by a grateful people. But could the squatters put in any such claim as this '? He then proceeded to argue with cutting irony that if this were Lord Grey's plan for averting favouritism, it would have been better to hand over the freehold instead of the fourteen years' leases to the squatters. Another argument that Earl Grey used for granting these leases, and at the same time maintaining the high upset price of land, was a favourite one with the disciples of Gibbon Wakefield, that it would prevent the dispersion of the people. This word dispersion seems to have had a most terrifying effect upon all the colonising theorists of that time. Wakefield had taught them that to encourage, or rather not to check, this tendency to seek ' fresh woods and pastures new,' which is surely the very essence of the colonising spirit, was to bring about a return to barbarism. So we find Earl Grey supporting this wholesale alienation of the public estate on the ground that it would act as a check ' to that tendency to an undue dispersion of the inhabitants, o o 30 LIFE OF LORD SIIERBEOOIvE which is found so strong in countries in progress of settle- ment, and where the population is still very small in propor- tion to the extent of territory,' Lowe's reply to this form of Downing Street maternal solicitude is worth preserving. It is some%Yhat strange that such a doctrine as this should be inculcated by Earl Grey, the strenuous, the uncompromising- advocate of Free-trade, the enthusiastic admirer and follower cf Cobden, and the consistent supporter of all the great measures which have been passed of late years for ensuring the freedom of the commerce of Great Britain. In England this statesman would have the channels of trade to run free and uncontrolled, but he disclaims this natural and social right when dealing with Australia. In England, the butcher, the baker, the builder, the farmer — all trades, all callings, are left unrestricted, and men follow their own inclinations. But the rule is not to be applied to the colony, where we are not able to judge what is best for our own interests. Here, if left to themselves, men would disperse — and why should they not disperse, if they thought it fit and profitable to do so ? Could not Earl Grey see that if men felt it to be their interest to disperse, impelled by the hope of gain, or even the mere love of adventure, they would do so in spite of all these absurd restrictions intended to concentrate them ? This policy of compulsory concen- tration, if it could be carried into effect, would operate with immenee power in checking those hopes and feelings of the human breast which were the soil in which the spirit of enterprise had root and growth. Concentration is the result of wealth, not the cause of it. When men — when a community — grew wealthy, they would always concentrate; it was the natural tendency of human nature. ])ut while wealth remained to be acquired, while that which gave concentration its attraction and charm, while the comforts that attached to it, and which the division of labour alone could afford, Avere still wanted, men would follow the natural bent of their dis- positions and disperse to seek for wealth where they thought they would best find it. By this line of argument he again demolished the Wake- iieldian policy of keeping up a high or fancy price for the free- hold of the Crown lands. Lord Grey, in fact, seems to have eschewed that wise judicial law never to give a reason in delivering judgment, for his despatch literally teems with ME. LOWE AND THE SQUATTERS 331 theories and generalisations as to the vahie and proper dis- posal of the waste lands in a dependency. Every sentence in these despatches seems to have heen seized upon and contro- verted by Lowe. It would be tedious, and it is perhaps un- necessary, to attempt to reproduce this elaborate refutation of the policy of these Orders in Council. He showed that, with all the literar}- artifice employed by Edward Gibbon Wakefield, his pet theory, which had entangled and fascinated so many English public men, only amounted to dear land and cheap labour in a new land whither most of the people had come to avoid both. In this, as in all his speeches, it is difficult to condense Lord Sherbrooke's utterances and yet bring out all the points, because, as the bewildered sub-editor said, ' they are all points.' He deals with the question of im- migration in a most fresh and suggestive manner ; but at this time he never long kept away from his main theme — the iniquity of handing over so much of the public lands to the squatters. Those who are familiar with the subsequent history of Australia will be the first to recognise the truth of the warn- ings which he uttered, as to the injustice and impolicy of favouring a class whose prosperity depended rather on the state of the home-market than on the social or material advancement of the colony. In eloquent words he predicted in this very speech that which actually took place by the creation of a favoured pastoral oligarchy, whose interests must be diametrically opi^osed to those of the rest of the com- munity. All these evils, he declared, had fallen upon them because one or two men, high in office, had failed to under- stand the constitutional law that the public lands of the colony were vested in the Crown, as trustee for the whole people of the colony. He maintained that these Crown lands could not be bestowed on any individual or class of individuals, any more than a man's private estate could be made over without the consent of the proprietor. 332 LIFE OF LOKD SHERBROOKE At this novel doctrine the squatters in the Council be- came very restive, and the Quaker representative of the great pastoral interests controlled by Messrs. Boyd and Co. (Mr. Piobinson) seems to have mterjected something about these pastoral leases being a great boon to the community. The hon. member for Melbom-ne (retorted Mr, Lowe) might like to have my coat, if the colour suited him, but it ^Yas not for that reason that anyone might give it to him ; and it was equally true that he might, with respect to this land, wish to stand in the shoes of the colonists, but that gave no right to anyone else to give the shoes of the colonists to him. It was not the land of a class, but of a community, which was not prepared to make this great boon to the squatters for their exploits in vanquishing kangaroos and cutting down gum-trees. Lowe then turned to his most redoubtable foe, and proceeded to reply to the assertions of Wentworth, who from this time forth had one most convenient argument — viz. that the waste lands of Australia were practically valueless for all purposes of settlement, and only suited to nomadic tribes. ' If they are so valueless,' retorted Mr. Lowe, ' then the hon. and learned member for Sydney can have no objection to returning these leases.' As to the claim of occupancy, that presupposed the abolition of all law and the return to the social condition favoured by Eob Eoy — That they should take who have the power, And they should keep who can. Then came the claim of discovery. Were those who set up this claim, asked the speaker, prepared to give to Dr. Leichardt the whole of the territory just discovered by him ? Now, he was a genuine discoverer, a great explorer, and a man of scientific mind, who richly merited the tribute of thanks and admiration which that House had awarded to him. But Dr. Leichardt would be the last man to prefer such an absurd claim ; and, if so, what claim had those who had obtained their runs from shepherds and insolvent people who had got jammed in the pressure of the times ? ' If you advance this MR. LOWE AND THE SQUATTERS 333 claim of disco veiy,' said Lowe, * as a reason why you should have the people's lands, be honest and consistent, and give to Dr. Leichardt a like title to every foot of ground over which his horse's feet passed.' Wentworth having challenged Lowe to cease criti- cising the schemes of others and to propound one of his own, the latter said that his system was very simple : it was merely to reduce the upset price of land to five shilhngs or less an acre, and to leave the squatter in his present tenure until the land was actually purchased by the hond-Jide settler. The speaker then said : — I will call the attention of the House to the great similarity in the Land Question in this remote and insignificant dependency to that in which it stood on that far greater stage, and with those infinitely greater actors of the forum, who were concerned in it ; for I am not one of those flippant theorists who, because we have made some discoveries — because we happen to have discovered gunpowder, the art of printing, and other improvements, believe that we are at present equal in intellect and poAver to the great men of old. Let the House carefully mark this resemblance, and ponder over what may be coming. Their Sylla, their Marius, might yet be unborn, but the same causes would bring about the same efiects ; the same system of oppression and tyranny, if history were not a fable and experience a liar, would in its own time bring forth these bitter fruits. The bones of those who were urging on this system might go down into the dust ere the evil they had occasioned should be consummated. Generation after generation might pass away, but let them beware, for even now they were lighting the torch which, flung upon the land, might smoiilder for a time, but in the end would burst forth into universal conflagration, Lowe then read a passage from the history of the Eoman Eepuhlic describing the social and political condition of Italy in the time of the Gracchi, and begged the Sydney legislators to ponder over the picture, and the many analogies it presented to their own condition. He drew a close parallel between the policy of the squatting party and those who had wrought the ruin of Italian husbandry. In Eome we read of the increase of slaves ; was not the demand for labour at the 334 LIFE OF LOED SIIERBROOKE minimiim rate on which beings could exist ah-eady loud in Sydney ? Were they not having cannibals^ poured upon them in consequence of their aggression on the lands. Again, the Pioman nobles seized on vast tracts of land, as the squatters are doing now. There was one fine dramatic incident in this great and impassioned speech. Turning away from men like the Boyds and Eobinson, who were mere speculating gamesters in land and labour, Lowe made a direct and personal appeal to the genuine pioneer squatters : — I appeal to those only who are interested in the colony ; to those who think of, and have faith in, her future glory and after destiny ; those whose names were, and would be, recorded in her future history ; those who in her critical conjunctures and times of need had rendered her good service ; those who were cherished and esteemed by her inhabitants, and whom I should be sorry to see go down to the grave with the tarnished fame which an act like this must involve. To these I may not inappropriately address such an appeal ; but not to those mercenary speculators who, solely influenced in all their actions by the sordid love of gain, those heartless, selfish men who came out here, not to make it their abiding-place, not to bring ^nth them to it those high English feelings, that love of liberty which alone could make a country great and good, but to sell the colony into degradation that they might aggrandise them- selves ; those deceitful men who made professions concerning education which they never felt nor strove to carry out, of improve- ments wliich they never made, of capital which they never invested — to these I would make no such appeal, but, with that contempt they deserve, bid them take their pound of flesh and begone. It would be possible to cull more than one such indignant passage as this from this powerful speech, which constantly soared into flights of lofty eloquence, and seems to palpitate with passion, with noble invective, or with withering scorn. We are often told of some favourite tragedian who, after middle life, holds the most critical and fashionable audiences ' The kidnapping of the savages of the South Pacific for labourers and shepherds was then in full force, and carried on openly by the Boyds, Robinson, and others interested in squatting. ME. LOWE AND THE SQUATTERS 335 in London spellbound by his dramatic intensity, but who had acted the same part with the same fire to small provincial audiences twenty years before. Such seems to me to have been the experience of Lord Sherbrooke as a Parlia- mentary orator. In reading these impassioned sentences, laden, too, with thought and the fruits of a ripe scholarship, one cannot but feel that the stage was too small on which such talents were then being exhibited. But we should, per- haps, bear in mind— and I do not think that the thought was ever absent from Lord Sherbrooke whilst he dwelt in Aus- tralia — ^that this handful of men in the old Legislative Council of Sydney were laying the foundations of a great English- speaking commonwealth and of free institutions at the Antipodes. At all events, on this question of the right to the waste lands of the colony thei'e is no mistaking his terrible earnestness. He was evidently conscious, too, that his was the voice of the people of the colony, and he told the squatters in the House that he intended to leave no stone unturned to avert or overthrow Lord Grey's new Land Bill. ' I know,' he exclaimed, ' that you would gladly shun these discussions, and that you wish I should not speak above my breath on these matters ; that you would willingly hide from the English Government the intense desire you have to retain these lands.' He then made a last appeal to their enlightened selfishness. Eeduce, he said, the upset price of land, give over the dream of acquiring a monopoly of the colony, and let there be something left to attract the stream of healthy immigration, and you may yet reap the reward in a remunerative market for your stock at your very doors. Then, referring to the division of the colony into ' Settled ' and ' Unsettled ' districts, he drew a most gruesome picture of its inevitable effects : — I would ask those Avho are possessed of this desperate avarice, and, like Alexander Selkirk, long to reign lords of all they survey, 336 LIFE OF LORD SIIERBROOKE what will they do for their children? The land under these regulations will become a di\ided land ; it will be like a human being struck Avith paralysis, one side vigorous, and glowing Avith the blessings of civilisation, and the busy hum of men ; the other, dull and cold and torpid. There must be a line drawn through the land— the line between Hfe and death. What would they do with their children in this stunted region of shepherds and stillness, from which all the liberal professions were shut out, and from which wealth, the wealth of a community, must be excluded ? I believe there is something in population which in itself tends to wealth. Look at Canada, with a barren soil, one paltry export— of timber — with a climate that shuts the door against the energies of the people for half the year, with a revenue contemptible as compared with ours ; yet even there the great establishments of education for professional instruction are kept up, and flourish. How different the desolate regions of the squatters ! For, would they come forward to bring population round them— would they erect villages, and hamlets, and churches, and schools, on the land on the faith of these fourteen-year leases, or do they even pretend to say they would if they had the fee-simple? Carry this measure into effect, and it could have but one of two issues — either the leases must be withdrawn, or rebellion must ensue. How long, when they had an all-powerful influence in the House, would the squatters continue to pay their rents ? How would they get labour ? Did they think the native population would be con- tent to go back and live this degraded and inanimate life of a shepherd ? A great deal had been said about railways, but what object could there be in making railways if all the land was to be locked up in leases ? Would that Council ever do so degraded an act as to vote money for any such purpose, increasing the value of lands thus leased away, and of which the lessees possessed the pre-emptive right of purchase ? Mr. Lowe wound up this remarkable oration by an appeal to the Legislative body itself which, he said, might be trite, l)ut was none the less worthy of their weighty consideration. It was, that if popular representative institutions were ever to take firm root in the soil of Australia, then ' the deliberations of that Council ought to be as untinged, as untainted by any suspicion, as the Courts of Judicature.' He recognised his own solemn responsibility in bringing so deliberately such a series of charges against an influential MR. LOWE AND THE SQUATTERS 337 section of the community, and he knew that, perhaps for the first time, the outside pubHc were keenly watching their conduct and discussions. What they had to avoid at such a crisis was giving occasion for the finger of shame and ridicule. ' It is this,' he concluded, ' that I fear : that they w^ho ought to give the tone to the public virtue and shape the political education of the colony should give to sceptics in political virtue a pretence to sneer at those institutions which it ought to be our common glory to revere.' Never had Lowe risen to such heights, never had he or any other member confronted so powerful an opposition, composed not only of the ordinary officials and Crown nominees, but of the able band of political squatters now under the leadership of Went worth. When the former popular tribune rose, it is true he spoke of his successor with unfeigned admiration, as possessing ' an eloquence far greater than my own, or than that of any other gentleman in this Council.' But he quickly descended into mere scurrilities, and his one charge against Lowe was that he was a theorist, without practical knowledge of pastoral matters. There is only one point in Wentworth's reply which need be specially commented upon, as showing the bitterness of this political controversy, in which, it seems to me, Eobert Lowe was bearing so gallant and so disinterested a part. In one portion of his speech Lowe had said, with evident earnestness, that if these Orders in Council were put into effect he should leave the country and return to England, and he urged upon the Council to reject Earl Grey's Land Bill altogether — a course which Wentworth would have been the first to advocate in the days when he was really the great ' Australian patriot.' The way in which he now took up this challenge is worth relating : — The hon. and learned member for Auckland (he exclaimed) had told them that if these Orders were put into effect he would leave the country. If the Council could be guilty of conduct so VOL. I. z o38 LIFE OF LORD SIIERBROOKE disreputable, so unworthy, and so contemptible as to fling back upon a Minister a Bill the offspring of their own resolutions, he, Mr. Wentworth, would leave the House. He should feel that its dignity, its influence, its self-respect, its honesty, were gone, and henceforward the post of honour would be the private station. Anyone familiar with the parliamentary history of New South Wales can picture the same vehement orator using the very same words if the Council did not fling back upon a Minister a Bill of which he himself disapproved. This tremendous discussion was adjourned from night to night,' and on the evening of June 24th Lowe rose, and in a speech of equal length and power to that with which he had opened it answered his opponents on every side of the House. But the finest and most effective passage was his dignified reply to Wentworth : — The hon. and learned member, in a strain which he had never adopted before, proceeded to denounce the colony as a barren waste, unfit for cultivation, unfit for the reception of civilised man. It was with pain that I heard him deliver these denunciations. I have always delighted to contemplate New South Wales as a great and glorious country, and to picture the hon. and learned gentleman as taking the first place among the native-born who have attained honours and distinction in their own land. I had thought that it would alike be his pride and his glory to shine the first in the annals of the colony — as he had outstripped the comers from older Europe in the march of intelligence and patriotism. It was, therefore, with deep regret that I heard him from time to time speak so harshly of the capabilities of his native land. Even I, a stranger, a cork floating on the ocean, one who might be here to-day and away to- morrow, cannot but feel some sentiments of gratitude to this country — not, perhaps, like those which swell my bosom for my own land ; but I have drunk her water and breathed her air, and, grateful ' NotliiiiK will more clearly show how keen was the duel between Lowe and Wentworth than a remark in the Sydney Morning Herald on one of these Land debates : — ' As member after member rose to make their observations, it was evident that Mr. Lowe and Mr. Wentworth were watching the debate. A pro- tracted debate was expected, but suddenly a long pause ensued, and the Speaker put the question. . . . Mr. Wentworth was determined not to speak until Mr. Lowe had addressed the House, in order that he might have the reply ; and Mr. Lowe had adopted the same course with respect to Mr. Wentworth. Thi; (juestion was put while the one was waiting for the other.' MR. LOWE AND THE SQUATTERS 339 for these benefits, I could not travel over the country and find all barren from Dan to Beersheba. But to hear this dispraise from a son of the soil, one born and bred in the land, was more than displeasing. I hope it may not be so, but it looked as if the hon. and learned member Avas depreciating the article he wanted to secure. He (Mr. Wentworth) has accused me, perhaps rightly, of ignorance of the physical state of the country. I have but little judgment in such matters, so I do not entirely rely on my own opinion. But I believe I give him no mean authority when I name Sir Thomas Mitchell, the Surveyor-General of the Colony, who tells me that the stations of the hon. and learned member for Sydney are like paradises. Sir Thomas passed through them on his late journey, and returned enchanted with the beautiful scenery and pasturage which he had witnessed. These were the stations of the hon. and learned member, but, perhaps, as they appertained more nearly to him, his modesty would not permit him to praise them. Sir Thomas, however, spoke of them as a man in raptures ; and per- haps even his hon. and learned friend would pause before he accused the Surveyor- General of ignorance. These (continued Mr. Lowe in the same vein of raillery, and using his opponent's actual expressions) — these were the wastes, the sterilities, the Saharas, the lands withered with the blast of the desert, which had been so prominently dwelt on and so con- temptuously depicted, although it must be admitted that the occupant had evinced no ill-will towards having the possession of them secured to him. The modern reader, even if bred and born in Australia, and to some extent familiar with the history of its Land Question, can form no idea of the marvellous grasp and the knowledge of every detail displayed by Mr, Lowe in this elaborate reply to the squatters. It was a veritable tour de force. The future historian, anxious to know the various stages in the evolution from a purely pastoral and nomadic condition to the higher and more complex social state to which Australia has now attained, will find in these agrarian speeches of Mr. Lowe most suggestive matter. Reference might also here be made to the remarkable pamphlet which about this time he pub- lished in Sydney, under the title, An Address to the Colonists of Neiv South Wales on the proposed Land Orders. In this pamphlet, in a highly condensed and purely argumentative z 2 340 LIFE OF LORD SIIERBROOKE form, will be found the substance of his matured views on the Land Question in Australia. If, as may be confidently pre- dicted will be the case, a complete volume of Lord Sher- brooke's speeches, addresses, and pamphlets should one day be given to the world, this address, though dealing with a bygone controversy in a remote colony, should assuredly find a iDlace. Mr. Lowe thus concluded his speech in the Council : — The present motion would be defeated, not by the will, the opinion, the sense of that House, but by the junction of a party governed by self-interest with the unwilling, but fettered members of an irresponsible Government. To say, after what they had seen tbat night, that there was no danger to be apprehended from the growing influence of the squatters was simply to close the ears to the warnings of human experience. They saw an unwilling Government dragged at the wheels of the chariot of the hon. and learned member for Sydney — while they might have spread life and vigour, and wealth and prosperity through the wide range of the Colony. ' If they had done these things in the green tree, judge ye what they wiU do in the dry.' The division was then taken, and may be here recorded as showing the names and opinions of the members of the Legislative Council of 1847 : — Ayes Noes Mr. Lowe Mr. Dangar , Murray ,, Darvall , Lamb ,, Foster , Lord „ Parker , Bowman Capt. Dumaresq , Brewster The Commander of the Forces , Bland Mr. G. Macleay , Suttor Capt. O'Connell , Icely Mr. "Wcntworth , Cowper (teller) „ Wild „ Allen The Attorney-General Mr. Robinson {telltr) MR. LOWE AND THE SQUATTERS 341 The figures of the division, it will be seen, are close ; the names, for the most part, save to a very few surviving old colonists, will convey little or nothing. But to the people of New South Wales in 1847, those names conveyed a great deal, for, as Mr. Lowe said, the division list proved his assertion — that every member of the Council who was not a Crown offi- cial and therefore compelled to vote in favour of Earl Grey's measure, or else a squatter and therefore directly interested in its provisions, was on his side. This entirely disproves an assertion, frequently made by colonial writers even up to the present day, that Eobert Lowe was an inconsistent, and to that extent untrustworthy, political leader in Australia, because he had first of all been the chief champion of the squatters, and afterwards their principal opponent. The answer is that he was their chief champion when they were fighting for their constitutional rights, and their principal opponent when they were grasping at the patrimony of the whole people. As he said himself, he may, perhaps, have made mistakes, and not even have been altogether consistent in the plans he had put forward during the years he had been in the colony, ' but his lips bad ever been the organ of his heart.' It was, indeed, the social conditions that had changed. Ptobert Lowe's land policy for Australia was, in brief, while treating the pastoral tenants of the Crown with strict fairness, and in no wise subjecting them to any arbitrary exactions, to make every effort to establish a genuine yeomanry. This was the meaning of his constant efforts to get Australian wheat into the English markets duty free ; it was for this that he devoted night after night to the discussion of the question of what were called the ' waste lands ' of the colony, which he maintained could never be permanently settled save by means of a minimum, and not, as Gibbon Wakefield held, by a maxi- mum upset price. As already stated, Lowe was chairman of a special committee appointed by the Council on this subject of the price of land, and he himself prepared, with his own 342 LIFE OF LOED SHEllBROOIvE hand, the report of that committee, "which agrarian reformers, even of the advanced school of Mr. Henry George, might do well to peruse. It greatly enhanced his reputation at the time, and the Sydney Morning Herald, in a leading article (Oct. IG, 1847) thus commented on it : — We must not conclude without offering to the Committee, and especially to their gifted Chairman, our hearty thanks for their valuable services. ... Of the report we can, with all sincerity, declare that we prize it as an ornament to our official literature, an honour to the colony, and an acquisition to the course of political science. Wentworth and most of the squatter party supported Lowe at first in his strenuous endeavours to cheapen the price of land. But when Earl Grey offered them the fixed tenure of their ' runs,' with the proviso that the high price of Crown lands should be maintained, they speedily forgot all their former liberal professions. We can hardly wonder at it, for human nature is weak, and the Orders in Council converted them — a handful of men — from tenants at will into something very like proprietors of the enormous territory which now forms the two chief colonies of Australia, with a population of over two million souls. It does not fall within the present narrative to relate how after all most of them profited very little by Earl Grey's ill- considered land legislation. Briefl}^ it may be added, that with the gold discoveries of 1852 there came an enormous influx of immigration, quickly followed by the granting of responsible government to New South Wales and the newly- created colony of Victoria. After violent public agitation, these newly-created colonial legislatures, in answer to the cry ' Unlock the lands,' wrested from the squatters the privileges which Earl Grey had conferred upon them by an Imperial Act, and, so far as they could, carried out the agrarian principles which Robert Lowe had laid down some years before in the Legislative Council of Sydney. Lord Sherbrooke, therefore, MR. LO^YE A^'D THE SQUATTERS 343 while baffled by the coalition of the Crown officials and squatters, may be most justly regarded as the true father of the yeoman class in New South Wales and Victoria, and as the first of Australian land reformers. Before bringing this chapter to a close, a few words with reference to the personnel of the leading squatters of this time may throw light on this fierce controversy. It must not for a moment be supposed that they were in all cases utterly selfish, grasping, and unpatriotic. Many of them were, as Lord Sherbrooke himself declared, high-spirited and cultured men, and some of them of the best blood of England. In one of the most striking passages in the particular speech of the series of agrarian philippics, from which extracts have been reproduced in this chapter, he appeals personally to this class — the class of genuine pioneer squatter — those who in Australia's critical conjunctures and times of need had rendered her good service. At the same time he contrasts with these ' those mercenary speculators ' who gave no thoughts to the welfare of their fellow-subjects or to the future of Australia, so long as they might aggrandise them- selves. To these he says : ' I would make no such appeal, but, with that contempt they deserve, bid them take their pound of flesh and begone.' It was really these latter— mere land jobbers and specu- lators carrying on vast undertakings with borrowed English capital — who, by their political machinations and influence in London, had managed to get control both over the Colonial Office and the local Legislative Council. The story of the two brothers, Archibald and Benjamin Boyd, and of their financial and political agent, the Quaker Eobinson, would furnish the subject for a striking colonial romance. Ben- jamin Boyd had arrived in the colony in a yacht of the royal squadron some time in the early ' forties,' and, as he had a fine appearance, a glib tongue, and apparently unlimited money, dressed well and talked much of his aristo- 344 LIFE OF LOED SHERBROOKE cratic connections, he was at once accepted in Sydney as a great man whose resources and capital would revive the drooping fortunes of the place. He began gambling in land on the most gigantic scale, and projected a town, or rather city, at Twofold Bay, the details of which make Dickens's account of Eden in Martin Chuzzleivit seem quite matter of fact. He and his brother had started a huge financial institution, at the head of which he placed the unfortunate Mr. Eobinson. They owned whaling vessels, which they manned chiefly with Maoris and South Sea Islanders. They beguiled poor immigrants hundreds of miles from Sydney to one or other of their innumerable runs ; then offered them the princely wages of lOZ. a year, with beggarly rations. If they refused, they were compelled to walk back, and an old colo- nial chronicler tells us that ' while a few strong men walked back over the mountains, those who remained created such a feeling in "the country that Mr. Boyd could not venture to visit his stations until the time of the year when the police magistrate, with a guard of policemen, took his annual round.' The extent of country w'hich Archibald and Benjamin Boyd at one time controlled was simply enormous. These Napo- leonic operations were all carried on by borrowed money from London, and so one day the crash came. Then Benjamin Boyd, broken in fortune, started oft" in his yacht for the South Sea Islands, where he was killed and eaten. It was a horrible death, luit there seemed a rude justice in it, for he and his brother and their agent Eobinson had kidnapped hundreds of these unfortunate natives and sliipped them to New South Wales to work for little or nothing on their stations, whei'e they died in shoals. Mr. Archil jald Boyd, who was quite as dazzling a personage as his brother during this brief champagne time of froth and excitement, managed to get back to England, where he ended his days in a garret in liloomsbury, writing novels of tlu! Faintly Ilcnilil type. Had he but told the story of his own MR. LOWE AND THE SQUATTERS 345 brief career as a pastoral king, it must have been the most fascinating of AustraKan narratives. The Quaker Eobinson, who seemed at first to have a really promising career before him, became the dupe as well as the agent of the Boyds, and after the crash died suddenly in Sydney — it was rumoured by his own hand. It seems almost incredible that such men as these could have affected the political history of a great colony : yet nothing can be clearer than that it was through their influence and astuteness that the Hon. Francis Scott had been appointed the paid agent of the pastoralists in the House of Commons, and that by this means the squatters had been transformed from suppliants into masters. Had Wentworth remained true to his former patriotic convictions, these men would have been powerless. But this remarkable man — the one truly great man of our race born in this strange new world of Australia— proved deaf to the appeal so eloquently made by Lowe to his nobler nature. The bribe was too great ; the Orders in Council made secure his position and gave him the vhtual mastery in the local legislature. INlixed with the fine gold of his great spirit and masterful personality, there was a strain of base alloy ; and, truth to tell, the Wentworth of nearly sixty years of age, though he could still rouse himself to great intellectual efforts, was no longer the earnest vehement reformer and patriot of earlier days. Eobert Lowe had publicly declared that if, by the un- principled alliance of the Crown officials and the pastoralists, this squatter oligarchy was to be set up, he would no longer remain in the country. It was, indeed, after the division on this memorable night had been taken in the old Legislative Council, that he confided to his one intimate friend, William Macleay, that as soon as he could arrange his affairs he would return to England. There were evils, he said, in the system of an old established aristocracy ; but to have a brand-new, overbearing, traditionless squatting oligarchy placed over you 346 LIFE OF I-ORD SHERBROOKE was simply intolerable. He had, however, still a work to do. He was yet to stand forth as the champion of the rights of the free immigrants — the untainted population of the colony — against the further deplorable attempt of Earl Grey to revive the practice of criminal transportation. Moreover, Eobert Lowe was to become member for Sydnej'. '> 47 CHAPTER XXIII A SLAVE-TEADE PHILIPPIC The ' Orator ' in Heads of the People — German and French Immigrants — The Squatters and the South Sea Islanders The series of brilliant and impassioned speeches on the Land Question had raised the fame of EobertLowe as an orator to the very highest pitch among the whole of the colonists, urban and pastoral, of New South Wales. This is shown by the fact that an enterprising journalist of Sydney who had projected an illustrated weekly newspaper called Heads of the People (a kind of humble forerunner of Vanity Fair), singled him out for his issue of Sept. 4, 1847, as the type of the 'Orator.' It is rather amusing to find that the editor was unable to induce ' Mr. Robert Lowe, M.C.,' to sit for his portrait. He, however, managed to produce a caricature, representing the ' Orator ' in a frock-coat, and with his hands (very ill- drawn) spread out on the table, over which he was leaning in the act of addressing the House. This rude portrait has been at times reproduced in Australia ; but it is absolutely worthless as a likeness, as, indeed, the editor of this long-forgotten Australian journal admitted in the accompanying letterpress. The portion of the article, however, describing Robert Lowe's qualities as an orator may still be read with some interest : — Mr. Lowe (observes his early colonial critic) has many advan- tages, with some disadvantages, as an orator. His advantages — and in this respect be leaves all competition far behind him— are a rapid and fluent delivery ; a splendid command over figures of speech and 348 LIFE OF LOED SIIERBROOKE rhetorical ornaments, sometimes, indeed, verging on the turgid ; a perfect acquaintance with the classics, and with modern literature, and a good knowledge of the law. The writer then goes on to state that the contest in the Legis- lative Council for leadership ' lies between Mr. Wentworth and Mr. Lowe.' For himself, he gives the palm to the former, though admitting that he has none of the * wonderful com- mand of well-chosen words possessed by his rival.' With these two the colonial editor links the name of a man who was then almost at the close of his short earthly career — Eichard Windeyer. ' Mr. Windeyer's forte,'' he says, ' is satire. His sarcasms are more unpleasant to bear than the most virulent abuse.' After Lowe, Wentworth, and Windeyer, this not altogether injudicious critic considered that in Deas Thomson, the Colonial Secretary, the old Legislative Council of Sydney possessed * a plain, matter-of-fact, business-like orator,' whose speeches would win the confidence and attention of any parliamentary body. Lowe had, of course, completely alienated the most in- fluential section of the community — the squatters. This he knew perfectly well, and during the remainmg couple of years of his public life in Sydney he fought them, so to speak, with his back to the wall. The handing over of the millions of broad acres of New South Wales and Port Phillip to the I)astoral tenants and land-gamblers seemed to haunt him like a nightmare. There is no doubt that it was the selfishness displayed by the squatters in thus getting possession of the public patrimony which drove him, during his last year in Sydney, into the leadership of the anti-transportation party. This was after his election to the city of Sydney, when, as I shall show, he was for a brief while the leading agitator and the most popular tribune of the colonial democracy. Before narrating the events following on the general election of 1818, there are still one or two stirring episodes to A SLA^'E-TRADE PHILIPPIC 349 recall in connection with his public conduct as the member for the joint counties of St. Vincent and Auckland. On August 27, 1847, a petition was presented from a number of German residents in Sydney praying to be allowed the privileges and immunities of English subjects. The German element has always been strong in the colony of South Australia, and very law-abiding and prosperous in all the colonies. It is pleasant to find that Lowe seconded the motion on their behalf; there was, however, a difficulty in the way, as no general statute affecting the naturalisation of foreigners had been passed by the Imperial Parliament. The Quaker member, Mr. Robinson, who could be very liberal where the public lands were not concerned, urged that the sooner they got rid of all restrictions, the better ; in his opinion, thej^ should encourage all foreigners to come and settle. These innocent remarks aroused Lowe's sense of irony at once. He rejoiced, he said, to hear that the hon. member for Melbourne was disposed to offer every inducement to foreigners to come amongst them, but the ' very strongest inducement would be the offer of a little of the land of which he and his class had been kind enough to relieve the colony.' If French emigrants should come hither, driven out of their own country by the abolition of the law of primogeniture and the consequent subdivision of the land, it would be highly refreshing to them to see in how few hands the lands are vested here. They would say, at all events, ' Whatever rock these New South Wales fellows have split upon, it is not on the subdivision of the land.' (Koars of laughter.) On October 1st, 1847, two days before the Legislative Council adjourned, Eobert Lowe made a much more serious attack on the enterprising Boyd Brothers and their man-of- all-work, the Quaker Piobinson, for kidnapping South Sea islanders, and shipping them to New South Wales to supply on their stations the free convict labour which was no longer accessible. As just now the South Sea labour traffic is a o ': 50 LIFE OF LORD SHERBROOKE burning question between various religious philanthropists and the Government of Queensland, it may be as well to point out that the kidnapping system of the Boyds, which Lord Sherbrooke so powerfully denounced, was totally different to the proposed ' regulated ' Kanaka labour. These selfish and masterful men, who had gone out to Australia merely to make money as fast as they could, and who had become virtual masters of the colony for the time being, felt them- selves under no restrictions, moral or legal, in their transactions with the unfortunate savages of the South Sea Islands. This system of employing, even under governmental restrictions, the labour of these inferior races is by no means yet settled in Australia ; but it is plain that there can be no analogy between the social condition of New South Wales and Port Phillip in 1847, and that of North Queensland in 1892. In the former case the islanders were kidnapped and conveyed in many cases to the high plateau and more mountainous portions of these southern and colder regions. There was no Government supervision whatever, and whether the unfortunate islanders died on these vast sheep-runs, or were speared by the aborigines, then comparatively numerous, seemed to be a matter that con- cerned no one. We shall never know the proportions to which this Polynesian slave trade attained in these early years ; but of the hundreds of South Sea islanders who were imported by the Boyds and Piobinson alone, it is hardly likely that any ever again beheld their native shores. It is evident that this illegal traffic must have attained considerable proportions when Eobert Lowe from his place in the Legislative Council gave notice of the following motion : — That an Address be presented to his Excellency the Governor, setting forth that this Council begs to call the serious attention of the Executive Government to the incipient slave trade which is so rapidly springing up between this colony and the islands of the Pacific Ocean. That this House desires to point the attention of his Excellency A SLAVE-TRADE nilLIPPIC 351 to the third and ninth clauses of the Imperial Act 5 Geo. IV. c. 113. That the existing traffic in human creatures obviously unable to contract for themselves, and who must, therefore, be brought from their native land either by force or fraud, is clearly within the spirit (perhaps the letter) of this enactment, and that it is the duty of the Government to take immediate and vigorous steps for its suppression. His speech in proposing this resolution on October 1st, 1817, was one of the longest and most impassioned ever de- livered by him in that Council. The public excitement that it evoked is shown by the number of columns it occupies in the somewhat clumsy report of the next day's Sydney Morning Herald. It is much to be regretted that Lord Sherbrooke in later life did not find time to revise this report, for the subject is an important one, and after almost half a century is still a question of Australian, if not of Imperial import and significance. In his indictment of this traffic in Polynesian labour Lowe did not hesitate to characterise it as ' a new form of the slave trade,' into the past history of which he entered with great fulness. But he admitted that the materials on which he had to build this charge were few and scanty ; it was but an incipient slave trade, against which he wished to guard the colony : — I stand not in the same position that Wilberforce did when he raised his voice against this trade. Then its supporters came un- blushingly forward and avowed their acts, for they were not then legally criminal. But a dark, mysterious veil is thrown over this traffic : we hear of frays and bloodshed, of the cutting off crews of boats, we hear of presents to chiefs ; but of detailed accounts of this commerce we have none. We know nothing of the condition of the people that are brought here : whether they were prisoners of war, whether they were slaves at home, whether they came of their own free will, or were at the disposal of the chiefs. The speaker then proceeded to analyse the nature of the alleged contract under which these South Sea islanders were 352 LIFE OF LORD SIIERBROOKE brought to work on the sheep-runs of New South Wales and Port Phillip: — The form of the precious contract was as follows : — 'I ■ [blank, to be filled up by some hard name], 'native of [blank again], 'in the Pacific Ocean, have this day agreed with' [here follows the name of the captain of the vessel], ' on the part of Mr. Benjamin Boyd, of the City of Sydney, N.S.W., to serve the said Benjamin Boyd in the capacity of a seaman in any of his ships or as a whaler, either on board or on shore, or as a shepherd or other labom-er, in any part of the colony of N.S.W., and to make my- self generally useful for the term of five years.' Now, what abstract idea could these savages have of Benjamin Boyd, Avith whom they were contracting ? The Hindoos in India, it was said, took the East India Company to be an old woman, and the same sort of feeling in the present case was not unlikely. But what could these savages know of Mr. Benjamin Boyd ? How could they know whether he was a demon of good or evil order ? It was not pretended that they could form an opinion. What abstract idea of a shepherd could these natives have, Avhen they had never seen a sheep on their native island at all ? But there was a further stipulation, that the servant thus introduced should make himself generally useful. Now, the gentlemen who frequented the registry offices knew very well what were the duties this term involved. But Avas anybody foolish enough to believe that the savage did so ? Then, again, it was stipulated that they should serve for a period of five years ; and perhaps the hon. member for Melbourne (Robinson) would inform them what powers of enumeration were possessed by these savages to enable them to comprehend what the period of five years was. Perhaps they might be similar to the Cherokees, who were unable to reckon more than three, and when asked as to any greater number, pointed to the hairs of their head to signify that they were innumerable. Then followed the other part of the agreement, in which this man-stealer, on the part of Mr. Benjamin P>oyd, agreed to pay these savages wages at the rate of 1/. Os. per annum, with the following weekly ration, viz. :— meat, ten pounds ; and he supposed, although it was a matter of some difficulty among civilised people to determineher Majesty's weights and measures, they, the savages, knew what ten pounds was. Mai/.c, wheat, or flour, seven pounds ; doubt- less the savages have a knowledge of wheat, maize, meal, and a correct abstract idea of a mill. Then, as to clothing, there was, first of all, one pair of moleskin trousers, the savage being, doubtless, well acquainted Avith the texture and manufacture of moleskins ; a pair of linen trousers ; a woollen shirt, which he ought as a shepherd to Imow something about ; a cotton shirt ; and next he came to an article of A SLAYE-TEADE rillLIPPIC 353 peculiar interest, doubtless, to the savages — it was ' one Kilmarnock cap.' Now, though neither a cannibal nor a native of Tanna, I am myself utterly unacquainted with the meaning of a Kilmarnock cap. One blanket completed the outfit. Thus, with one shirt and a blanket these poor wretches were to be sent from the burning heat of a tropical sun to Maneroo, which has a winter of almost European severity. Whether this was slave- trade or not, it was a piece of inhumanity which ought to call down the execration of the House, and of which I trust there are members who will not shrink from expressing their opinion. The agreement then went on to say ' that the full meaning and terms of this agreement, as read in English, having been first truly and clearly explained to me by -, who understands my native language, I affix my mark hereto in testimony of my concurrence in this present engagement.' The date followed ; but I am glad that the words anno Domini are left out, as it shows that even the most obdurate consciences shrank from the introduction of the name of Christ into this document. Speaking in this strain of mingled irony and indignation for a couple of hours, Lowe moved the resolution, which was seconded by Charles Cowper. Robinson rose and defended himself and Benjamin Boyd. He stated that the importation of South Sea islanders into the colony arose in this way : Some five years ago the whaling industry, previously an important one, was abandoned ; the whaling boats were in consequence idle. They could get no seamen. At first New Zealanders were shipped to the extent of the third of a crew of a wdialing vessel, and then increased to one-half. This proved success- ful, and was the foundation of * savage ' labour. They then went to the Pacific Islands. True, some of these islanders were cannibals ; so were the aborigines of Australia. Mr. Eobinson then solemnly read Boyd's instructions to one of his station-managers as to these imported islanders, from which it would seem that it was necessary to keep them in bodies, as a safeguard against the attacks of the ' old hands ' (meaning the convict shepherds). As for their rations, Mr. Eobinson explained that they had no tea or sugar, but VOL. I. A A 354 LIFE OF LORD SHERBROOKE plenty of potatoes ; they were very intelligent, and could count. Mr. Kobinson further read the articles of agreement with the Chinese at one of the stations controlled by the Boyd syndicate. By article eleven three days were allowed in every year to the Chinaman for the performance of his religious rites. In the subsequent debate the Colonial Secretary (Deas Thomson) avowed his intention of voting against the motion, but admitted that the importation of ' savage ' labour might ruin the colony. The Attorney- General (Plunkett) — the official whom the Boyds and Piobinson most dreaded — was more outspoken than his colleague. He unhesitatingly con- demned ' savage labour at sixpence a week and a shirt a year.' Kobert Lowe then rose and said the object he had had in view was completely achieved. He had called the attention of the House and the country to what he had designated an ' incipient slave trade ' ; and an incipient slave trade nine out of ten would now consider it. After the remarks of the Attorney-General he was quite willing to withdraw his motion and leave the matter in the hands of the Government, on whom he had not the slightest intention of casting any imputation. In answer to Wentworth's taunt that he had agitated this question of Polynesian labour merely out of ill- feeling towards the Boyds and Piobinson, Lowe replied with great feeling and indignation : — The hon. member for Sydney has condescended to charge me with being actuated by ill-feeling towards the hon. member for ^Melbourne and those with whom he is connected. I can assure the House that I wish to blast no man's character ; that I have no feeling against either of the persons named — but I have a feehng respecting the things which they do. I have a strong feeling respecting monopoly, against griping, over-reaching and tyrannous oppression ; and it is because 1 believe that they, and the hon. member for Sydney also, did these things, that I have any A SLAVE-TEADE PHILIPPIC 355 feeling of opposition towards them, "What is it to me that they have inundated the country with cannibals ; that by their grasping monopoly they made that which might be a garden into a wilder- ness ? I am only a sojourner ; I could cut the cable and leave the colony to them — some of them sons of the soil, who had accom- plished its ruin — to the enjoyment of the fruits of their own work. It is hardly necessary to repeat that the Labour problem has assumed quite a different phase in Australia in our day. In fairness one must admit that the proposal to introduce Kanaka labour into North Queensland has received the support of Sir Samuel Griffith, a Liberal statesman of distinction, Wliether Lord Sherbrooke would have supported the policy of introducing, under strict governmental regulations, the labour of South Sea islanders on the sugar plantations of northern Queensland is perhaps doubtful. But that he would have felt very little sympathy with the tyrannical policy of the Australian Trade Unions is certain. Nothing stirred him so much as the sight of 023pression and injustice, whether exercised by individuals or by classes. A A 356 LIFE OF LORD SIIEPtBPtOOKE CHAPTEE XXIV THE GREAT ELECTION OF 1848 Lowe's Address to the Electors of St. Vincent — Action of Henry Parkes and Sydney Electors — Eeturned for Sydney without canvass or expense — His last Letter ' home ' The General Election of 1848 was the most exciting and the most important that had ever been held m the colon3\ Mr. Lowe decided to stand again for his former constituency, and on July 1st issued the following Address to the electors of the united counties of St. Vincent and Auckland : — Gentlemen, — "When you did me the honour to elect me as your representative, I was earnestly desirous of carrying out three objects — the reduction of the minimum price of Crown lands to a reasonable sum ; the removing from us the impending danger of district councils ; and the applying a searchiug and systematic economy to the pubhc expenditure. On the first of these subjects, the reduction of the price of lands, a majority, consisting of officials who are obliged to vote according to the direction of the Government, and large squatters, who con- sider the maintenance of this price essential to their private interests, have, in the last session, declined to express any opinion, and I have thus the mortification of seeing that, while the Legislative Council is hesitating, the question is practically settled by the division of the most valuable and saleable lands of the colony among about one thousand colonists, who can neither sell, cultivate, nor improve them. As to the question of district councils, we are threatened with a Constitution whicli not merely adopts them, but makes them the point upon which the whole system of government is to revolve. And yet upon this subject also the Legislative Council has felt itself unequal to express any opinion. The country has spoken, but its representatives have been silent. THE GREAT ELECTION OF 1848 357 As to the public expenditure, I have been one of a small minority usually outnumbered by the officials and Crown noroinees in our efforts to stem the torrent of corruption. Our ill-success may be attributed to three causes— the unaccountable conduct of many representative members, who have absented themselves from the Council altogether ; to the almost uniform support given on principle by the members from Port Phillip to any measure of the Govern- ment ; and by the lamentable want of independence of some of the members of the middle district. From these causes, after all our boasted economy, we leave the expenditure of the country as large as we found it, and have given the sanction of a partly-elected assembly to abuses which we ought not to have tolerated for an instant. It is under these discouraging circumstances, Gentlemen, I again offer my services to you as your representative. As far as depends on me, those services shall be rendered with the same zeal and in- dependence ; but the constituencies of the country must determine whether they shall be attended with better success. I regret that the shortness of the period fixed for the return of the writs, and my indispensable professional duties, will render it impossible for me to attend personally at the election, and to give to you that account of the trust you have reposed in me which you are entitled to ask, and which I am willing, and I believe able, to render. I am, Gentlemen, Your obedient servant, Robert Lowe. It is clear that Lowe had created widespread popular enthusiasm on behalf of himself and his political convictions ; for without his consent, or even knowledge, a number of the leading electors of Sydney met together and decided to requi- sition him to allow himself to be put in nomination for the metropolitan constituency. In the only daily journal that Sydney then boasted — the Herald— ior July 5th, 1848, the following announcement appeared : — City Electors. The friends of Robert Lowe, Esq., are requested to sign the requisition, copies of which are lying at the undermentioned places : — Mr. H. Parkes's, Hunter Street ; &c. &c. 358 LIFE OF LORD SHERBPtOOKE The City of Sydney had two representatives in the Legis- lative Council, and both the old members were seeking re- election—William Charles Wentworth and Dr. William Bland. It is very clear that the object of Mr. (now Sir Henry) Parkes and his friends in bringing forward Eobert Lowe was to challenge, and if possible conquer, the stronghold of Wentworth. However, at first the late member and candidate for St. Yin- cent and Auckland was clearly averse to so hazardous and apparently hopeless an enterprise. On the same day that Mr. Henry Parkes's announcement appeared in the paper there was a report of a political meeting held on the previous evening in the Mechanics' School of Art, Pitt Street, on which occasion Robert Lowe had supported the candidature of Mr. John Lamb for the city in a remarkably able address. But the anti-Wentworthites— or, as the squatters called them, the Piadicals— were determined that Lowe should himself stand. Accordingly, the following requisition was hastily prepared and signed by a number of his enthusiastic admirers : — To Bohert Loice, Esq. Sir, — We, the undersigned Electors of the City of Sydney beg you will allow yourself to be put in nomination as a candidate for the representation of our interests in the Legislative Council at the forthcoming General Election. In the event of your complying with our request, we pledge ourselves to use our utmost endeavours to secure your return. J. K. WiLSHiKE, Aldennan. W. S. Macleay. Anthony Hoedekn. Henry Paekes. John Robertson. S. Samuel. P. N. Russell. G. A. Lloyd. W. W. Billyard. The committee formed to collect signatures to the above requi- sition have determined to put ]\Ir. Lowe in nomination at the approaching election and to poll the last vote. 13y order of the Committee, J. K. Heydon, ) t • 1 Pattison, Mark, 105 Peacock, Sir Barnes, 139 People's Advocate, 371 Plunkett, John Hubert, 161, 186, 193, 225, 243, 250, 3.54 Poems of a Life, history of, 118 Folding, Archbishop, 247 Poor Law, 50 Port Phillip, separation, 232 ; supported by Lowe, 234 ; Lowe's speech on, 241 ; convicts for, 313 ; conspiracy, 366 410 LIFE OF LORD SlIERBROOKE PRI Privilege, breach of, 219 Pusey, Dr., 120, 131 Pycroft, Eev. James ( Oxford Memories), 86, 92, 94, 199 Pym, John, 58 Pyiidar family, 56 — Mrs., 365 — Eev. E., 45 EoBixsox, John Phelps (member for Melbourne), 212, 225, 233, 244, 250, 295, 332, 349, 353, 354 ; death of, 345 Eotterdam, 110 Eusden, Mr. G. W., 214, 244 n., 263, 381, 383, 390 St. Vincent and Auckland : addi'ess to the electors, 273, 356 ; speech on the hustings, 274 Schedules A, B, C, 278 Scott, Dean, 85 Scott, Hon. Francis, 299 Selborne, Earl of, 67, 69, 73, 76, 92, 121, 132 Senate, Sydney University, 395, 397 ; Lowe's criticism of, 398 Senior, Master in Chancery, 142 Sherbrooke, Lady, of Calverton, 142 Sherbrooke, Mrs., of Oxton Hall, 134 ; letters to, 135, 137 Sidney, Samuel, 265, 270 Simmons, Mr. James, 400 Simon, Sir John, 210 Sinclair, Eev. Thomas, 85 Some Account of the Taylor Family, 57 'Songs of the Squatters,' 264, 271; ' Squatter to his Bride,' 266 South Sea labour traffic, 350 Stanley and Cardwell, 258 Stanley, Lord (late Earl of Derby) : his Australian Constitution, 185, 211, 222 ; system of Irish education, 246 Stawell, Sir W. Foster, 381 Stephen, Sir Alfred, 188, 196, 287,289, 395, 396, 397 UPP Strathfieldsaye, 58 Swiss Guards, Lowe's hnes on, 74 ' Swiss Sketches,' 118 Swiss tour, 115 Sydney, address to the electors, 359 Sydney, Eobert Lowe's description of 157, 159; harbour, 156; commer cial depression, 165 ; college, 196 ; corporation, 391 ; university, 395 Sydney Morning Herald, 186, 187, 206, 207, 209, 221, 234, 235, 239, 338 n., 342, 357, 360, 366, 370, 374, 385, 389, 394. 399 Sydney Eailway Company, 400 Syme, David, on the Unearned Incre- ment, 154 Tait, Archbishop, 82, 83, 103, 104 Tariff, colonial, Lowe on, 194, 195 ; Wentworth on, 194, 195 Taylor, Peter, and Lord Sherbrooke, 57 Templer, James Lethbridge, 263 Thackeray, W. M., 58 Therry, Sir Eoger, 161, 193, 225, 238, 248, 249, 261, 262 Thomson, Sir Edward Deas, Colonial Secretary, 161, 186, 225, 354 Transportation, criminal. Select Com- mittee on, 314, 380 ; Earl Grey's attempt to revive, 378 ; Mr. Glad- stone's proposals, 312 ; Lord John Eussell's policy, 380 Trevor, Canon, 82, 84 Trollope, Anthony, 66, 67 — Thomas Adolphus, 66, 68 Twofold Bay, 344 Ullatiiorne, Dr., 243, 250, 308 Unemployed, Sydney, Lowe's letter to, 371 Unicnimchia, Lowe's speech in, 85 Union, Oxford, debates, 79-85 ; fining an archbishop, 83 ; Lowe and Trevor, 82; BelVs Life, 84; Mr, Gladstone at, 79, 80 ; Lowe and Ward, 82 ; Edward Massie, pre- sident, 83 Upper House, Colonial, 375 INDEX TO THE FIRST VOLUME 411 VIC Victoria (colony), see Port Phillip Victoria, Princess, visit to Oxford, Lowe's macaronic poem on, 86, 88- 90 Voyage to Australia : Lowe's account of, 147 ; Mrs. Lowe's account, 148 Wakefield, Edward Gibbon, 253, 329, 331 Ward, William George, 67, 82 Waverley Novels, 55 Wentworth, William Charles, 177, 192, 193, 195, 196, 287, 290, 293, 328, 337, 338, 360, 361, 362, 363, 373, 374, 375, 395 ; character of, 399 ; death of, 400 Westgarth, William, 164, 165 Whaling industry, 353 Whately, Archbishop, 308, 310 Williams, Dr. (of Winchester), 71 Wilshire, Mr. .J. W., 245, 358, 360, 364 Wilson, Bishop, 249 Wilson, Professor, nephew of, 174 Winchester ; Robert Lowe entered as ZOI commoner, 36 ; Spartan discipline, 67 ; Adolphus Trollope's reminis- cence, 69 ; Lord Selborne's reminis- cence, 69-72 ; Sir Thomas Farrer's story of, 72 ; Bishop Charles Words- worth's reform of, 73 ; Lord Sher- brooke's verses at, 74, 75 Windeyer, Richard, 189, 225, 279, 290, 290 ; Mrs. Lowe concerning, 189 ; his Monetary Confidence Bill, 189- 191 ; Lowe replies to, 192 ; death of, 301 Windeyer, Sir William, 301 Windyer, sen., Disraeli on, 189 n. WoUongong, 174 Wordsworth, Dr. Charles (Bishop of St. Andrews), 60, 71 n., T2, 73 n., 80, 87 Wordsworth, Dr. Christopher (Bishop of Lincoln), 08, 73 Yeojianey, Australian, Lowe's effort to create, 341 ZoisT, 205 END OF THE FIRST VOLUME PHISTED BY fiPOTTISWOODK AND CO., XEW-STREKT SQUAUK LONDON L jr\ ^. r^^ ^. 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