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  • Keepitshort 8 Jun 2009 at 04:11
    Editorial complaint about incorrigibles being sent to Tasmania, Musquito as example.

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Hobart Town

FRIDAY, MARCH 17, 1825.

Our Readers will gladly perceive, by an Act of Council which will be published in our next, that the Colonial Legislature have most properly suspended so much of a previous Law or Ordinance, as rendered the signature of a parochial Minister in New South Wales and Van Diemen's Land respectively, a requisite to every victual- ler's certificate, for grounding his claim to a beer or spirit license. When we first read that Ordinance it very forcibly struck us as altogether non-calculated to effect any benefit; but, as admirably; tending by palpable and inevitable instrumentality to produce three, if not mpre, positive dis- advantages. We knew that if one class of colonial tradesmen had peculiar reasons for   feeling dissatisfied at the harsh restrictions imposed on their efforts-that class con- sisted of the publicans ; who, viewed on the aggregate were respectable, by whom the local Revenue was in no trifling degree augmented, but against whose fair and highly-paid-for chances of success in busi- ness, the most litigious surplusage of   restraint was customary. We were sure that as a direct consequence of such a restraint   their hopes of honourable recompence for incessant toil and utter deprivation of domes- tic comfort, had become almost extinguish- ed. And we therefore felt convinced that

in the sequel they would altogether decline applying for licenses, whilst many of them would become sly grog-men to the manifest injury of Government. An Act conveying to our Clergy an office so inconsistent with their holiness as that of inspecting the dis- cipline of gin-shops, was in our estimation at once most indelicate, and equally invi- dious. To us it nearly imparted conviction that certain canonicals, were deemed most "at home" when acting in subaltern police   departments, that they were judged to be ha- bitually conversant with the economy of tap- sters, and distinguishably competent to know by at least ocular demonstration, which tavern was most infested by persons of the lowest order. For by what means we en-

quired can a Minister ascertain which inns

deserve his recommendation, unless he per- sonally scrutinizes the mode in which they are conducted? And would the examina- tion of that mode prove decently compatible with his habitiments? No! Hence we   were really grieved to find his signature made necessary in a way which must have exposed his sacred, functions to at least the obloquy of those who through his inter- ference might experience disappointment. At length, however, this cause for our discontent is happily suspended, and the laws relative to tavern-keepers are so far pru-  

dently ameliorated. But still they remain, inexpediently severe ; still their severity counteracts the beneficial end for which

we are most willing to believe they were enacted, and therefore the sooner they become repealed in toto, and a practicable code shall be established in their stead, the- sooner will habits of profligacy cease amongst the vulgar, and the Public Revenue, now almost ex- hausted, be restored to its former com- parative opulence. No regulation can be permanent which has for its basis absurdi- ty ; neither can any possession be desira- ble which is subject to the caprice of ig- norance, inflated by a brief authority. Not only should laws be de facto good, but their execution should be guarded from abuse. And certainly if even the mildest Institutes may, as Justinian observes, be rendered oppressive by a wanton adminis- tration, the above position will more cogent- ly apply to the licensing system in these Colonies a system which some how or other unites the grossest inconsistencies, and whilst professing to check vice and preserve decorum, eventually cherishes the first, and destroys, or at least diminishes, the latter. In justification of these remarks we beg to remind our Readers, that by the new form of recognizance to be entered into before the Justices shall grant their certificate, the poor slave of a publican must not refuse to admit any Magistrate or constable into any part of his house or pre- mises ! Subject to this outrage on domes- tic decency, by any constable, will one re- spectable man renew his application for a license ? No, surely no. Then what will or what can result, but an increase of pri- vate spirit venders, and a relative decrease in the Public Treasury !-With respect also to the prohibition lately issued, by which tavern-keepers are subjected to a serious penalty if they supply any prison- er of the crown with beverage, we cannot refrain from stating our opinion that it will not answer any useful purpose,-whilst, on the contrary, it will unite with the recogni- zance before recited in adding greatly to the number of illicit houses, where tip- pling, gaming, and various other immora- lities may be perpetrated with secret impu- nity. We know the desires of Government are what they should be on this subject,

but Plato need not burst his cerements to argue on the probability that those desires will never be gratified by the present rules, which at once render it impossible for any decent character to become a publican, and confer a power on our constables to use, without abusing, which, many of them are we think and believe utterly unqualified.

Considerable importance is justly at tached to the new penal Settlement in Ma- ria Island. It certainly promises, under wise controul and skilful management, to produce many valuable benefits; but, of course, it may be rendered by injudicious regulations, an additional pest to the Colo- ny. We therefore shall submit a few ob- servations, which His Honor the LIEUTE- NANT GOVERNOR will undoubtedly consi- der, as their sole intended purpose ia to prevent the institution of any measure not calculated for the interests of Government and the Settlers. Maria Island is under- stood to Dossess an extremely fertile sur- face, and is supposed to contain at least* on» good coal formation. It is hence se- lected as an eligible place for the beneficial employment of prisoners.-And, to speak, with candour, we do not think a more suit- able choice could have possibly heen made. But as from evil good is sometimes educi ble, so from the best designs the worst re suits are occasional, Let us examine the nature of the employment which is alleged to be marked out, and enquire what its ef- fects will be on that class, the farmers we allude to, whose fate decides the welfare or ruiu of the general, community. T/t&t em* ployment is to, be found in cultivating the soil for, the production of sufficient wheat to tflajajain, th^tablishnient;, and*,, of flax, for

exportation. Well, our Readers may ex- claim, the plan is excellent ! It would cei - tainly appear so at a first glance. But we are convinced that if it be carried into ope- ration, its consequences will prove lamen- table-for the Settler will then have a more diminished chance of selling his produce, than he has now, and Heaven knows the markets available at present for him .are not the most desirable.-Whereas all the good effects of preserving the prisoners from in- dolence, and of economising their expense to Government would be quite as efliciently created by the opening of a coal mine, which would add to all its many other ad- vantages, a full scope for the employment of pur small craft which are now becoming numerous, and to which we may yet be in- debted as Great Britain is to her Northern colliers for naval skill, enterprize, and per-


*- m 'T*"'H"ffflWl "II" IHW'ilIM

* We have long observed with regret and a feeling not altogether different from in- dignation, that the most decided criminals, who from time to time are banished by the Courts of Australia, as unfit to any longer blend with that Society which they have insulted and disgraced, are sent to the penal Settlement in this Colony,-where they in noculate with their venom all who happen to partake with them of captivity, and whence they not unfrequently escape to stain their hands with human blood, and, by becoming bushrangers, to place the safety of all our provincial residents at stake. In Dec. last, for instance, (vide The Australian) no fewer than 29 runaways nom Port Macqua- rie, on being policed before the Bench of Magistrates, were sentenced to be sent where ?-to a rock in the ocean, where they could do no injury to others, and from which they could not possibly decamp? No, but to Macquarie Harbour in Van Diemen's Land-a land, alas, already far

too much infested by exotic vices, and which at least ought not to be transformed into a cage for the vultures of Australia. If Sir THOMAS BRISBANE would kindly send us a ship-load of useful agricultural servants for fair distribution amongst our toiling Settlers, our thanks should be cordially tendered; or if he would actively examine the causes why our wheat-growers have for   some time languished, and remove those causes by obliging the Commissariat to pay a remunerating price for grain, &c. he would thereby deriive the pleasuie of restoring the   Colony's, once brilliant prospects. But we do not want him to improve our breed of bold-faced villains by amalgamation with Sydney incorrigibles. We have had some specimens, Musquito, &c, &c, and we want no more. By the way, our opinion on the subject of twice-transported felons is simply this, that, if they escape and are afterwards taken, they ought to die ! It is preposte- rous to let them go and catch them several times, for thus they have no apprehensions to deter them from making an attempt to escape ; whereas if the penalty for carrying that attempt into execution was death, there would not be many obstinate enough to brave it. To sum up, we question the po- licy and deny the justice of burthening Tas- mania's moral character with the ponderous guilt of New South Wales-we protest against Macquarie Harbour, as an unfit because insecure place for the exiled vaga-

bonds of Port Jackson-we submit that much of the crime now perpetrated may be traced to the system which we deprecate and we earnestly appeal to Sir THOMAS for its suspension.

We are informed, and feel happy to an nounce, that His HONOR the LIEUTENANT GOVERNOR has replied to the memorial of the Merchants auch other Inhabitants, on the subject of the apprehended removal of the wharf, in a very satisfactory and handsome fanner ; and that His Honor has expressed himself as not intending such removal. The survey ofi Sullivan's; Cove, which had created the alarm, iti appears was undertaken solely for a different purpose, connected-with an ap-. plication, made for permission to erect some machinery in or near the water.

THE GALLANT CAPTURE OF PLUMB, THE CONFEDERATE OF M'CABE AND BRADY, THE NOTORIOUS BANDITTI AND MURDERERS - At length we have the cordial satisfaction of announcing that John Plumb, the bush- ranging confederate of M'Cabe and Brady, is captured, after plunging the Settlers in al- most every direction into a state most agon- zing, and affording by the impunity with   which his misdeeds had been suffered through the timid character of those whom he had assailed, an injurious encouragement to other outlaws from which the most fatal con- sequences were, with indisputable reason, ap- prehended. And our pleasure on this occa- sion is increased, because we are enabled to fairly compliment the soldier and constables by whose bravery and perseverence the cap- ture has been effected. Their conduct ho- nourably marks them as ornaments to their situation-itaffoidsa noble example to every man employed in a similar manner, and we boldly say that in our sincere opinion the Public, it it does not testify a proper sense of their merits, will fail to behave with that generosity and gratitude for which on all suitable occasions it has uniformly been dis-

tinguished. It is by judicious bounty to deserving men that laudable competition is excited. It is by treating with respect those who perform their duties, let them be ever so humble, that others are invited to shed around their subordinate or deprecated cal- ling the radiance of integiity, and to enter- tain a zeal in behalf of the general interest. We shall always therefore be quite as ready to hold forth for public praise, promotion,' and reward, the well-belhaved subordinate, whether in the army, the police, or any other department,-as we are, have been, and shal, continue, to castigate all who receive salaries from the common purse which thej never even strive to earn-who nominally are Con- stables but never perform the duties of their (when justly considered) most important and truly respectable situation-or who instead of joining with the ardour of faithful ser- vants to further the Magistracy's plans for redressing evil and defending the laws from violation, are the private abettors, confi- dential spies, and implicit counsel of the worst depredators!-Hith these incidental remarks we shall proceed to describe the whole circumstances of Plumb's appre- hension, as they were sworn to before A. W. H. HUMPHREY, Esq. J. P. our active Superintendent of Police ; and we hope that ere long it will be our province to describe in an equally certain manner the close of thet murderous career which has so audaciously been run by M'Cabe and Brady ; in pursuit of whom retiibution is hastening, and who cannot, but for a little while, elude her grasp.

It appears that on the 6th instant a fine fellow named William Allan, of the 3d Re-, giment, accompanied by two indefatigable Police Officers, named Dutton and Kennard, who were searching for the bushrangers, left Jericho, and, after scouring the woods in va- rious diiections, reached the River Shannon on the 8th. They rested the remainder of that day, and on the 9th arrived at the la- goon of island, near the lakes. They then renewed their search through the forest, and, about 11 in the forenoon, as they were near- ly 2 miles on this side of Joe Johnson's hu,^ fell in with three armed men, Mc'Cabe, Brady, and Plumb, who were approaching them at a distance, whenf first seen, of per- haps from 30 to 40 yards, ~and who, when asked what they were, said " Constables", at the same time demanding to know who the pursuing party were. Constable Dutton immediately answered that they were sol- diers and police officers ; which one of the

men affected to disbelieve, for he said " No,   no, you are not! I think you are bush- rangers ; lay down your arms." Allen then

asked one of the men to lay his arms down,   and join the party, but received a refusal, when both parties ran behind trees, and after Plumb had discharged his piece, the soldier and constables commenced firing. After a round or two, Dutton asked Plumb to cross over to him in the following terms. "Plumb,   you are a very foolish man, if you do not listen to what I say-come over to our party, and not a hair of your head shall be hurt! Assist us in taking these men, and I am po- sitive you will get your Emancipation!"  

This address, however, was unheeded, Plumb continued to level his piece at Dutton, M'Cabe at the same time calling out "Don't mind   what he says, but give it him !" During

this while several discharges took place from both parties stationed as before described, behind trees. -At last after the conflict had continued with trilling intermissions until nearly five o'clock in the evening, Constable Dutton shot Plumb, who immediately dropt,     and on perceiving whose fate his assassina- ting fellow-wanderers from justice immedi- atety fled. It is however believed by the soldier, that M'Cabe was wounded in the body, and if so, the chance of taking him must now of course be providentially increas- ed. M'Cabe is have had with bim a blunderbuss and two fowling pieces, one of which was double-barrelled, and alw as Allan thinks a second blunderbuss with a | spring bayonet attached ; besides which the

ifugitives left behind them a single-barrelled , fowling-piece marked* with the name oi¡[ ," Wilbraham^" and Plumb had with him when he fell a musket>cut short ÎQftthe bar- rel, and a rifle. The niomenthe received the

shot, which penetrated' his chin and cut] lits passage through his throat", he stagger led and^ fell down. He then begged Üirt !ton torshoot him. The constahlesv mstaafb/f

nicked up near him a kangaroo skin, a pow- der flask, two blankets, one of which-is maiked " Clarke," and two kangaroo knap- sacks, containing a spy glass and a kniie, which have since been owned by Captain Clarke. Plumb was kept on the spot that night, and fires were kept up near him : he woie round his neck a yellow silk handker- chief marked " Clarke, No. 4,"~and was in- capable of moving. The rifle that he had used was afterwards owned by Captain Clarke; and indeed Plumb, whose recovery is very ploblematical, has since acknowledg- ed before Mr. Humphrey that it was Cap- tain Clarke's, and that the blunderbuss had been given to him by Brady. After Plumb was shot, Dutton said " you had better have come to me this morning when I called to -lou"; and the poor fellow answered"! wish I bad !-but all this happens because I was a good man.-I washed a shirt for Biady, after which he and M'Cabe came back- wards and forwards with provisions for me. I had been six or seven weeks without meat, and very often without flour. I and my fel- low-servant Wade had none but what we con- veyed from the Green-water Holes upon our backs. Our master kept us for a long time without any meat, and then sent us some pigs in such a poor condition that we could

not eat them. Mr. John Franks told us we

muit feed the pigs on kangaroo, or go without; our hut was in Michael Howe's March, 26 miles from the Green-water Holes ; and all that way were we obliged by our

master to carry on our backs what Jlour was given us ; so that after Brady had fre- quently pressed me to join him, and when his visits to our hut became discovered, I consented,-because I thought that at any

rate 1 should be called as bad as him."

These are all the pai ticulars of this event so far as we have an opportunity of knowing, except that the bush-rangers had with them during the battle three fine kungaroo dogs, which are now deposited in Hobart Town Barracks; that'Plumb was brought in and conveyed to the hospital on Sunday last ; that the constables' and soldier's depositions have been since taken and acknowledged in his presence ; that he has voluntarily con- fessed his share in the depredations lately

»erpetiated at Mr. R. Grant's, Mr. Kemp's, te. ; and that, as before hinted, his disso- lution, in consequence of the gun-shot ravage in his throat, is hourly expected.

TheAJmopah, which it will ue remembered, I was dispatched by certain parties connected

with the Government of New South Wales to Batavia ter wheat, it appears was by other [parties similarly connected, charteredtopur Ichasetea, sugar, &c, which are understood to [constitute an illegal cargo, as infringing the [East india Company's Charter ; and on which ¡understanding they have been seized, together [with the ship5> by His Majesty's sloop-of-war [Slaney, and will, as is generally thought, be finally condemned as alawful capture. " The whole of the-affair is well stated in The Aus- tralian, from which we at full length copy it in ourSupplement-feeling certain that it will I be read by almost every class with consider- able interest.-We may add from subsequent ¡information, that before the Hawies left Port Jackson, the Slaney had sailed with her prize [ for Calcutta.

The recent increase of crime in these Co

I lonies is too palpable to be denied, and too alarming to be slighted. But in the relative remarks that we shall offert we beg to be considered as not impeaching for a moment the intentions of those, who, as we think, mainly caused the evils which we and them- selves now equally lament. It must indeed be absurd for any one to suppose, that our design in writing is to lessen the respect claimed by and justly due to our Legislature, j On the contrary, we state our views on any [public grievance that occurs to us, because jwe would fain believe its removal will im Imediately follow its developement. And in Itruth we cannot help feeling that, amongst ialljthe conspiring causeg of those hasty strides tio incessant and pitiless enormity which this ¡once comparatively tranquil place has lately Imade, no one can rank as equal to the dis Icontinuance of granting crown servants,- when jthey become free by servitude^ a small farm, Iby cultivating which they might again be Icome decent and comfortable characters !

On Mondaynight, a numerous party of Gen lemen, connected with the agricultural and .omraercial interests, sat down to an excellent Supper at the Albion Hotel, in honour of Sir [1 boinas Brisbane's magnanimity, for having conferred on this favourite Dependency the matchless protection of an Independent Press. ¡"ter the cloth was removed, His Majesty's wealth was pledged with the highest enthusi- asm, and a National Air very tastefully exe uted. The President then gave His Excel ency Sir THOMAS BRISBANE, with thanks to lum for the love of liberty he evinced in granting us an Independent Journal,-and may it never be abused ! (three times three >vith applause). Air, Rule Britannia. The lealth of Lieutenant Governor ARTHUR fol- lowed with repeated cheers ; and by parti- cular request a musical Trio most humourous- ly sang- "When Arthur first at Court be- gan." Many compliments were paid to the liberality and skill with which the entertain- ment had been furnished ; and the party etired at an early hour, highly delighted 't the evening's proceedings.

(The most splendid and lrneral.preparations S w.?#nd^nprogress,'bythat truly .respect- ive landlord^ Mr. STODART, arid Ms numer

.Qus assistants, to receive the friends of our

late much esteemed Lieutenant Governor, at an anniversal Banquet, on the 9th proximo.

With much satisfaction we beg to notice as one of this Colony's very promising sources of future wealth and celebrity, the Hop plant, which we may with truth assert is grown in high perfection on several farms near town, and on the estate of G. W. GUN- NING, Esq. J. P. at the Coal Hiver. This en terprizing agriculturist, to whose skill and perseverance we shall long be indebted for many of our finest fruits, conceiving about two years ago that the climate and soil of this Island were such as to encourage him» planted one-fourth of an acre with hops, and their produce is now decidedly equal to the best of English growth at three years ; as several experienced Kentish farmers now resident here (and who are excellent judges of the article) have to our own knowledge ad- mitted. For inspection Mr. Gunning has obliged us with a sample, which we invite our Readers to call at our Office and exa- mine. We should add however, as a stimu- lus to our Settlers in general, that all hops exported to us from England become depre- ciated in a ratio of one to three by the saline atmosphere, occasional damps, and feiment whilst under the line, which ex- haust a considerable portion of their strength, besides corrupting their flavour; whereas those of Tasmanian culture are so replete with essence that a saving of two pounds weight in six would result from using them instead of the imported : added to which, our brewers and husbandmen would lind them- selves mutually aided by an internal circula- tion of the funds which otherwise must pass to the mother country. We therefore hope Mr. Gunning's laudable example may be speedily and cordially imitated by all whose land is suitable.-And in justice to his spirited ex- ertions for the improvement of his very de- lightful garden, we cannot help observing that it contains the Elder, from which he has already manufactured very superior wine; and that in october last he grafted many hundred choice fruit trees, of which and the extraordinary height to which many of their shoots have attained, the following

is a statement :

Green Gage ... 8 feet.

Swan Egg Pear . . 6 feet 1 inch.

Windsor ditto . , 5 feet 6 inches. Damson .... 5 feet 4 inches.

That highly respected character, Chief Jus- tice FORBLS, we find by our Sydney Corres- pondent, ha* been slightly affected by cholera ; but, through prompt recourse to the first me- dical aid, and by virtue of a fine constitution, His Honor is, we are happy to announce, re-


It will be seen by a public advertisement inserted in our front page, that the Court of Requests will commence its operations on the 5th of May next, and that for the sole benefit of persons residing in the country, it will be held at the principal towns in the Island.

We understand from various persons that our up-country settlers in stations remote from the Main Road5 are much inconvenien- ced through a want of some certain and re- gular mode of communicating with Hobart Town. Many of them do not see the Gazette for two or three months at a time ;? and they are therefore very anxious that His HONOR the LIEUTENANT GOVEROR would be pleased to appoint some branch messengers, the ex- pense of whom we have no doubt they would, if required, most cheerfully dis- charge.

The extensive utility of our Police Runa- way List, which is now regularly published, must appear from the fact, that since it first appeared about three weeks ago, no fewer than thirty of the persons whom it advertis- ed have been, in consequence, apprehended.

We are tola that on Saturday last a person confined in the Colonial Hospital rashly cut his throat with a razor ; but what was the cause of this impious act, or whether it has proved mortal, our informant has not ascer- tained.-Since writing the above we learn that the unfortunate man is no more.

The ship Phoenix, we understand, has been purchased by government for one thousand pounds sterling, in order for its being con- verted into a hulk for the reception of pri- soners. The purchase is of course subject to the ratification of the underwriters in Eng- land. If they refuse to acquiesce in the sale, government are then to pay ¿£120 rent,

{The Australian.)

e In addition to the various and delicate spe- cies of fish with which the Derwent has al- ways abounded, we may state that it is now teeming with, a novelty m the Southern sëas, namely, Mackarel! which, though smaller than those which reach the London market, and somewhat dissimilar in the conformation

of their head, are in every other respect the same, and deservedly an equal favourite at the board of Tasmanian epicures.

Extract of a Letter from a Launceston Cor- respondent:-" Nothing has transpired about who wrote those libels* against Mr. E* H. Thomas, excepting that I am credibly informed they came from a man named Aylwin, who is ia goal here for debt. He wrote a history of Mr. E. H, T.'s life, but it was so miserably done, that even- the infant Howe would not print it l"-~We should have no objection to ¡publish it vwbatimv, if the author would in 'writing acknowledge Himself responsible for »its accuracy,