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Sir John Eardley Eardley-Wilmot Lieutenant-Governor of Van Diemen’S Land 1843–46

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Sir John Eardley Eardley-Wilmot Lieutenant-Governor of Van Diemen’S Land 1843–46 VICTIM OF AN ‘EXTRAORDINARY CONSPIRACY’? SIR JOHN EARDLEY EARDLEY-WILMOT LIEUTENANT-GOVERNOR OF VAN DIEMEN’S LAND 1843–46 Leonie C Mickleborough BA MA Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy University of Tasmania July 2011 This thesis may be made available for loan and limited copying in accordance with the Copyright Act 1968. Leonie C Mickleborough This thesis contains no material which has been accepted for the award of any other degree or diploma by the University or any other institution, except by way of background information and duly acknowledged in this thesis, and to the best of my knowledge and belief no material previously published or written by another person, except where due acknowledgment is made in the text of this thesis. Leonie C Mickleborough iii Abstract This study examines the career of Sir John Eardley Eardley-Wilmot MP and Chairman of the Quarter Sessions, and his 1843 appointment as Lieutenant-Governor of Van Diemen’s Land by Secretary of State Lord Stanley, despite Stanley’s claim three months earlier, that Eardley- Wilmot was a ‘muddle brained blockhead’. This comprehensive study first re-evaluates Eardley-Wilmot’s extensive public career in Britain (which has been much neglected by Australian historians), especially his contribution to the reform of juvenile crime and the slavery controversy. Secondly, it explains his role and importance in the development of the probation system of convict management in the colony. Significantly, in 1846 Sir James Stephen admitted it was the British Government’s ‘ill- advised’ and ‘non-considered pledge’ to abandon transportation to New South Wales in 1840, and to throw the ‘whole current’ of convicts into Van Diemen’s Land, which caused the colony’s constitutional crises in which private members of the Legislative Council expressed their hostility and obstructed financial measures. Coinciding with the cessation of transportation to New South Wales, Britain replaced the assignment of convicts with the probation system and Eardley-Wilmot was required to place the annual arrival of between 4,000 and 5,000 convicts into probation gangs and stations. The expenses and demands of probation also impacted on the female houses of correction, hiring depots, orphan schools and Point Puer. This thesis provides a study of the British Empire’s organisation as the system of convict administration and transportation changed, and supports Eardley-Wilmot’s claim that he did not receive adequate Colonial Office support and was treated unfairly. It also reveals he was appointed, not only because of patronage and experience, but because he antagonised Stanley and Sir Robert Peel over his determination to end British slavery. Also challenged is William Ewart Gladstone’s claim that Eardley-Wilmot failed to report problems with the convict system and incidences of ‘unnatural’ crime, and discusses information supplied to Gladstone which was influential in his decision to send both a public despatch and a ‘Secret’ letter advising Eardley-Wilmot of his dismissal. Eardley-Wilmot died in February 1847, eight days after the arrival of his successor, Sir William Denison, and on 3 June when news of his death reached England, his dismissal received further prominence. The matter was raised in the House of Commons and a vigorous and powerful debate exonerated him from the ‘cowardly and malicious charges’, and was ‘ample proof’ of the ‘moral assassination of a good and worthy gentleman’. iv Acknowledgments I wish to place on record my gratitude to those who have helped me with this thesis. Firstly, I thank my supervisors, Associate Professors Peter Chapman and Stefan Petrow. I also extend thanks to the secretarial staff of the School of History and Classics at the University of Tasmania: Lyn Richards, Julie Hill and Cheryl Hughes, for their efficiency, friendliness, and prompt attention to requests. For their companionship and intellectual stimulation, I also thank my friends and University of Tasmania colleagues: Patrick Ball; Dr Nick Brodie; Fran Alexis; Eleanor Cave; Dr Kris Harman; Dr Phil Hilton; Dr Tim Jetson; Christine Leppard and Anthony Ray. I am also grateful to Anne Langley, Secretary, Stretton on Dunsmore History Society Warwickshire who obtained documentation from Warwickshire County Record Office, to Kevin Green for copies of War and Colonial Department and Colonial Office correspondence from the National Archives, Kew, London, and to Eleanor Cave for copies of documents from the Royal Society London and the Royal Botanic Gardens Kew Archives and for alerting me to relevant information in the Mitchell Library. Appreciation is also extended to Dr Andrew and Mary McKinlay, and Kate Ramsay for help provided in various ways, and to the staff of Document Delivery, the Morris Miller Library, and the Royal Society and Rare Collections at the University of Tasmania, the Tasmanian Archive and Heritage Office, the Tasmanian Parliamentary Library and Sister Carmel Hall of the Catholic Church Archives, Hobart. To Ashlee, Jessica, Emma, Benjamin, Joshua and Oliver who may some day read this thesis. v Table of Contents Signature page. iii Abstract. iv Acknowledgments. v Table of Contents. vi List of Tables. ix List of Illustrations and Maps. x Abbreviations. xi Conversions. xii Portrait. xiii Maps. xiv INTRODUCTION 1 British colonial appointments. 6 Other Van Diemen’s Land administrators. 7 Organisation of the thesis. 11 PART 1: Environment, Concepts and Arrival CHAPTER 1: The formation of Sir John Eardley-Wilmot’s attitudes and opinions: his approach to crime and punishment in England. 16 Concepts of crime in Britain. 22 ‘shoeless, half-naked, uncombed, and dirty little urchins’. 24 British prison system. 26 Juveniles and the judiciary. 28 Magisterial experience. 31 Attitudes to crime and sentencing. 32 Institutional treatment of juveniles. 42 Reform of young offenders. 45 CHAPTER 2: Prelude to Van Diemen’s Land: House of Commons, slavery and financial insecurity. 48 House of Commons’ candidate. 51 Political changes. 54 Attitudes to slavery. 57 Legislation against slavery. 59 Harshness of ‘apprenticeship’. 67 Abolition of ‘modified slavery’. 70 Financial situation, destitute and idle. 74 CHAPTER 3: Appointment and reception: ‘a strong & steady hand’? 77 Franklin: Eardley-Wilmot’s predecessor. 80 Details of appointment and first instructions. 81 Arrival at ‘another hemisphere’. 86 Procession and commissioning. 89 Franklin’s recall and departure. 91 vi PART 2: The Convict System. CHAPTER 4: Opposition to the established scheme: assignment to probation. 96 Transportation Commission and report. 100 An ‘amazing blunder’. 108 Stanley and the probation system. 114 Plans for the ‘unhappy women’. 117 Port Arthur. 121 CHAPTER 5: Probation and population: the system under Eardley-Wilmot. 125 Colonial Office directives. 128 Revenue loss and depression. 135 Probation gangs and stations. 138 Station self-sufficiencies. 150 Colonial Office contact. 153 ‘Nameless’ crime and ‘horrors’. 155 CHAPTER 6: ‘Misguided little creatures’ and female protagonists. 163 Point Puer and juvenile convicts. 165 Female convicts. 175 Female convicts and Eardley-Wilmot. 180 Anson and Brickfields — ‘most interesting experiments’. 184 Babies’ nurseries—overcrowded and unsuitable. 195 Queen’s Orphan Schools or ‘dirty rugged urchins’. 196 PART 3: Colonial Life, Controversies and Dismissal CHAPTER 7: Colonial chaplaincies: Church and state. 203 Religious background 1826–43. 204 Control of clergy — appointment to government positions. 206 Attitudes to education. 221 Roman Catholic schools and extension of religion. 224 CHAPTER 8: Taxes, finances and elected representatives. 228 The Legislative Council. 230 Finances: Colonial Chest and Commissariat (Military Chest). 232 Falling revenue and implications. 234 Financial discontent with Stanley’s probation system. 237 Legislative Council: the politics of the ‘patriotic six’. 242 Colonial recovery. 247 CHAPTER 9: Growth of colonial society. 251 Early scientific societies. 257 Eardley-Wilmot and founding of the Royal Society of Van Diemen’s Land. 258 Eardley-Wilmot and the Royal Society gardens. 262 Scientific specimens exchanged. 264 Access by horse and cart. 267 The Eardley-Wilmot wall. 268 vii Government House and its role in colonial society. 272 Society, culture and sport. 276 Politics of rumour and scandal. 278 CHAPTER 10: Rumours and recall. 283 Speculation of promotion. 285 Scandal in the colony. 295 James Stephen’s role in Eardley-Wilmot’s recall. 297 Family seeks information. 300 A ‘sacrificed victim’ relieved by ‘DEATH’. 302 Reaction in England: a ‘triumphant acquittal’. 307 CONCLUSION 315 APPENDIX A: The Eardley-Wilmot family. 320 Figure 1: Wilmot Family Generations. 320 Figure 2: John Eardley Eardley-Wilmot married Elizabeth Emma Parry 21 May 1808. 321 Figure 3: The sons of John Eardley Eardley-Wilmot and Elizabeth Emma Parry. 322 Figure 4: John Eardley Eardley-Wilmot married Eliza Chester 31 August 1819. 324 Figure 5: The sons of John Eardley Eardley-Wilmot and Eliza Chester. 325 APPENDIX B: Officials 326 Figure 1: Administrators of Van Diemen’s Land 1803–50. 326 Figure 2: Governors of New South Wales 1810–50. 326 Figure 3: Principal officers concerned with the Crown. 327 APPENDIX C: 328 Figure 1: Typical sentences ordered by Eardley-Wilmot. 328 BIBLIOGRAPHY 332 viii List of Tables Table 1.1: Convictions in England and Wales between 1810 and 1826. 34 Table 1.2: Population and numbers committed in 1824. 35 Table 4.1: Convict and free arrivals in Van Diemen’s Land 1840–49. 107 Table 5.1: Convict population Van Diemen’s Land 1841–48. 130 Table 5.2: Population 30 June 1843 excluding children born in the colony 1 January–30 June 1843. 131 Table 6.1: Boys at Point Puer 1834–46. 168 Table 8.1: Land fund balances 1836–45. 236 Table 8.2: Government revenue and expenditure 1836–48. 240 ix List of Illustrations and Maps Portrait of Sir John Eardley Eardley-Wilmot 1783–1847. xiii Map of Tasmania, formerly Van Diemen’s Land. xiv Map of United Kingdom. xv Figure 1.1: Berkswell Hall Warwickshire 2006. 21 Figure 2.1: The House of Commons in 1834 by George Hayter.
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