In all of Australia's founding documents this statement stands out starkly. There are no other appeals to great principles, no declaration of independence, no constitutional preamble full of nation-building sentiment.

Hence Phillip's paragraph above, especially his unequivocal and spare avowal, "there can be no slavery in a free land", is probably the best founding proclamation we have.

It was a remarkable declaration to make at the time. For a start, it demonstrated that its governor and those who appointed him had more ambitious plans for the new colony than they made public. "A free land" meant much more than a dumping ground for convicts. Phillip clearly expected NSW eventually to be composed largely of free settlers.

Moreover, Phillip's objection to slavery was noticeably ahead of his time. At this distance, it may seem part of the stock opinion of the day, just one more expression of the abolitionist movement that persuaded the British parliament to outlaw the transportation of slaves on the high seas. But there was more to it than that.

As Phillip said, the laws of England did not permit slavery. The ownership and sale of human beings had been illegal in England since the early Middle Ages, but by the 1700s the growth of the slave trade to the Americas saw thousands of black slaves employed as servants in London, Edinburgh and other urban centres.

In the celebrated James Somerset case of 1772, Lord Mansfield found that English law did not permit slavery and that black servants were free to go as they pleased.

Nonetheless slavery still thrived across the British Empire.

The merchant fleet of Liverpool dominated the transport of slaves from Africa to the Americas; the sugar plantations of Britain's Caribbean colonies were dependent on slave labour; and slavery was widespread in the Muslim realms of British India. Moreover, Britain's former colonies in North America had just formed an independent union based on an appeal to freedom and equality, yet still they housed almost 700,000 slaves.

Phillip wrote his memorandum before the abolitionist movement gained public momentum. At the time, to take a stand for this moral cause put him decidedly on the progressive side of politics. The abolitionists' parliamentary leader, William Wilberforce, decided to take up the issue only in May 1787, eight months after Phillip declared his own attitude. The abolitionist evangelicals in the Church of England and their Quaker supporters were then a marginal group of activists. Their spokesman, Thomas Clarkson, had not yet begun the speaking tours of British cities that were to make abolition a popular cause. By 1791, when Wilberforce introduced his first bill to abolish the slave trade, the movement had made progress but parliament still rejected it decisively by 163 votes to 88.

Although the evangelicals were the main force behind the abolitionist movement and Wilberforce its best-known politician, Phillip had not been greatly influenced by them. Indeed, he was not an especially religious man. His 1786 memorandum discussed his proposed colony's housing, health care, clothing, relations with the Aborigines, rewards and punishments for convicts, land grants, shipping regulations, exploration and trade. Conspicuously, he mentioned neither religion nor the church. In practice, he seemed to regard religion primarily as a utilitarian device for maintaining social order and good behaviour.

Instead, he took a more secular political position that saw slavery as an offence against the tradition of "the freeborn Englishman" that defined his country. This was a political and a folk tradition that extended back at least to the English Civil War but probably much further. It meant that no one in England could be born into slavery, bondage or vassalage. All were born with inalienable rights to freedom.

Phillip was also the inheritor of the British naval tradition that looked down on Europe's original imperial powers, Spain and Portugal. Since the Spanish Armada, English Protestant sailors had been nourished on a diet of anti-Spanish stories designed to show that the adherents of the Catholic Church were capable of any cruelty. Tales of the atrocities of the Spanish Inquisition and the brutal treatment of African slaves and the indigenous people of the Americas entrenched the sentiment.

A further influence on Phillip was the humanitarian movement that emerged within the British Enlightenment in the late 1700s. This movement, which had support from early British anthropologists and the Anglican Church, emphasised the unity of humankind. All human beings, whatever their skin colour, were members of the one species and were thus equal, both at law and before God. This sentiment led several Scottish intellectuals to openly condemn slavery, especially Adam Smith in The Theory of Moral Sentiments (1759), plus George Wallace and Adam Ferguson. In England, William Blackstone's Commentaries on the Laws of England (1765-69) made a firm break with Roman law on the subject.

In April 1787, Phillip made another memorable statement that applied this egalitarian sentiment to the Aborigines of NSW: "Any Man who takes the life of a Native will be put on his Trial the same as if he had kill'd one of the Garrison. This appears to me not only just but good policy."

Since his early 20s, Phillip had found slavery repugnant. As a junior naval officer on a tour of duty to the Caribbean in 1760-62 he saw the Spanish and British slave plantations on Jamaica, the Leeward Islands and Cuba. "By the time he left the lavish islands," writes his biographer Alan Frost, "Phillip has come to see that behind their gleaming skin lurked a gruesome skull." The evil commerce and the lot of the slaves, Frost records, made an abiding impression on the young naval officer.

Phillip spent the years 1775-78 in Brazil as a captain in the Portuguese navy. During a lull in duties at sea, he made an investigation of the king of Portugal's Brazilian diamond mines. He discovered much about Brazil's "Forbidden District", where 5000 African slaves mined diamonds under the constant gaze of their individual overseers. This experience confirmed his aversion to slavery.

Phillip's successors as governors of NSW, John Hunter, Philip Gidley King and William Bligh, were all naval men who shared similar ideas and experiences. All had served in the West Indies or North America and subscribed to the same naval values and humanitarian spirit.

William Wilberforce

He successfully nominated the colony's first two chaplains, Richard Johnson and Samuel Marsden.

He thought the key to good colonial order was religious observance. In 1792 he wrote to home secretary Lord Dundas saying he had information from NSW that among "the higher, as well as the lower ranks, a degree of open profligacy and vice is allowed if not encouraged there". He urged Dundas "to introduce and keep alive amongst the bulk of the people such a sense of religion as will make them temperate and orderly, and domestic and contented".

Lachlan Macquarie

Indeed, in 1794, when he joined his regiment in Calicut, Macquarie purchased two slave boys from the market in Cochin. His first wife, Jane, was the daughter of the chief justice of Antigua in the West Indies and she owned a small number of slaves there. Jane died of consumption in 1796 and in her will she set her slaves free. Her husband followed her example and emancipated his Indian slaves, enrolling them in a parish school at Bombay to learn to read and write.

Later, as military secretary to the governor of Bombay, Jonathan Duncan, and as a friend of wealthy merchant Charles Forbes - two Englishmen who endorsed the emerging humanitarian sentiment of the time - Macquarie became a critic of slavery. He returned to England in 1807, the year of the abolitionists' victory, and caught the enthusiasm for their cause. That year he married his second wife, Elizabeth, and came under the influence of her religious outlook, especially her belief that all human creatures were equal in the eyes of God.

In August 1809 while en route to NSW and off the Brazilian coast, Macquarie's ship accosted a Portuguese slaver bound for Rio deJaneiro carrying 540 African females. Disease had broken out and, to prevent the infection from spreading, the captain had thrown 50 live women overboard. Elizabeth Macquarie was shocked. Her husband's biographer, John Ritchie, records: "Elizabeth's humanity shuddered at this monstrousness and caused her to think of the abolitionist William Wilberforce."

These views changed the course of Australian colonial history. Determined to avoid any comparison between convict transportation and slavery, Macquarie radically reformed the punitive regime for convicts, turning it into a program for their regeneration. He moderated corporal punishment, reduced life sentences to 15 years and reprieved numerous convicts sentenced to death. Where Bligh had granted two pardons during his 18-month term as governor, between 1810 and 1820 Macquarie gave 366 absolute pardons, 1365 conditional pardons and 2319 tickets-of-leave (certificates of exemption from compulsory labour). He granted land to emancipists (pardoned convicts) and expirees, and even invited some to dine with him. He appointed former convicts as magistrates, as assistant surgeon, acting surveyor, civil architect and poet laureate. To celebrate St Patrick's Day in 1810, Elizabeth Macquarie invited to dinner 58 convicts and their overseers.

Although Lachlan Macquarie's generosity and clemency sowed seeds of dissension among the free settlers that eventually brought him down, he demonstrated that a penal regime of this kind worked. Most successive governors kept his policies largely intact. The long-term result was that probably more than half of the 160,000 convicts transported in 80 years were transformed from the criminal subcultures of their youth into useful citizens: farmers, tradesmen, soldiers and, in a small but notable number of cases, successful professional and business men and women. Transportation to Australia became history's most successful large-scale experiment in penal reform.

Macquarie translated Wilberforce's agenda into policy towards the Aborigines. He established the Native Institution for Aboriginal children; he settled Aboriginal adults on a farm at George's Head and gave them seed and tools; he built huts for others at Elizabeth Bay and gave them a boat, fishing tackle, salt and casks; in 1814 he inaugurated an annual gathering and feast for all the Aborigines of the Sydney region.

Although his Aboriginal policies eventually failed, they still demonstrated Macquarie's intention towards the Aborigines, which was to give them the gift of British civilisation. He regarded them as his equals and thought that with only a little assistance they could make the transition from hunting and gathering to agriculture.

A longer version of this article will appear in the April issue of Quadrant magazine. Keith Windschuttle is author of The White Australia Policy and The Fabrication of Aboriginal History (both published by Macleay Press).

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