Sir George Arthur - Papers, 1825-1837, re convicts, 1822...

Mitchell Library, State Library of New South Wales

Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29) A 2189

Mitchell Library, State Library of NSW

Sir George Arthur - Papers, 1825-1837, re convicts, 1822-1847 (vol. 29)

A 2189

[]

ARTHUR PAPERS

Miscellaneous Government Papers re V.D.L.

1. Courts Martial. Corporal Punishment. 1834-5-6

2. The Case of Convict Greenwood who received 100 lashes for a minor offence and was subsequently tried on a

capital charge and hanged. 1836

3. Appointment of Barrack Master.

4. Memorandum regarding the allocation of land for Church & School purposes 1825-36.

5. Memorandum of correspondence with Sec. of State re provision of Clergy in V.D.L.

6. Application for land.

7. Draft letter from Col. Arthur to Sec. of State on his departure for home (Oct. 1836) and some observations on

his administration during the previous eleven yrs. The letter has distinct interest and importance.

8. Report on certain individual convicts.

9. Note for Prosecuting Council in case of Gordon v. Savery. (Case of a convict controlling the press. Savery

was an important case as it was raised in the H. of C.)

10. Draft report for Sec. of State on Crime. 1836.

11. Draft letter to Sec. of State re grievances of Mr. Jocelyn Thomas, formerly Colonial Treasurer.

12. Oswald Case.

13. A bundle of Gov. Memoranda. Some relate to Burnett, Montagu (John), and Land Concessions.

14. Jane new Case.

15. Miscellaneous – of minor interest.

16. Index of despatches from Sec. of State to Col. Arthur. 1823-1830.




[]

Certificates of Freedom were passed in

1824 To 380

1825 “ 444

1826 “ 390

1827 Probably 600 will become free and nearly that number became free in 1826.

The deficiency in the certificates probably has arisen from the discontinuance of the General Muster –

many of these Persons free by servitude who are settled are experiencing difficulty through being without

them.

16 March

[Page 3]

P

Read this memorandum & put up 24 March [indecipherable]

No. of certificates of

Freedom issued in

1824, 1825 & 1826

[Page 4]

3 Nov 1828

Dear Sir,

Will you have the kindness to inform His Excellency that the female prisoner named Elisa Harris

who was apd. to Mrs. Mills on her arrival died in the Colonial Hospital on the 14 February 1828.

I am Dear Sir,

Yours [indecipherable]

[indecipherable]

C Arthur Esqre.

etc etc

[Page 5]

Mt Lakeland

3 Nov. 1828

Chas. Arthur Esqre.

etc etc




[Page 6]

5 Nov 1828

Dear Sir,

There can be no doubt of the female Eliza Harris who is dead, being the person for whom the enclosed

letter was intended for, I have not another person of her name in the Register –

I beg to enclose her character from the Police Office.

I am Dear Sir

Yours [indecipherable]

[indecipherable]

C Arthur Esqr.

[Page 7]

Police Character of Eliza Harris

no. 104/7

Persian in 1827

Nov 15 1827 Wells/ absent from her Masters service – a fortnight on Bread & Water & 3 months

Crime Class Factory.

Transported for “Stealing Wearing Apparel “ Gaol report “Indifferent “Single” stated this offence

“Stealing Wearing Apparel – Prosecutrix Maria English – Laundress - Father & Mother Tinemouth

named Harris - Father is Ship Carpenter Single “Protestant”

Josiah Spode

5 Novr. 1828

[Page 8]

[indecipherable]

Dear Sir,

Can you let me know immediately in whose service Thomas Brooks now is – 12 months ago he was in

the service of Mr. Hobler -

The man was in [indecipherable].

[Page 9]

Dr Sir,

1045 Thos. Brooks [indecipherable] Wm. Miles – is now in the Deep Gully chain gang where he has

been since 4 January 1830.

Yours truly

John [indecipherable]29.7.30

[Page 10]

[indecipherable]

M Hawthorn

[indecipherable]




[Page 11]

Name Date of

Convn.

Sentence

[indecipherable] to be

[indecipherable] by 2 Nov 1829

No 189

Bartholu Readon 26th May

29

7 Yrs. transp.

James

[indecipherable]

2nd April

30

Death Recorded

Same as Readon Patrick

[indecipherable]

26th May

29

7 yrs transp.

“ Arthur ONeele 8th May 29 7 yrs transp.

Jeremiah Murphy 30th June

31

Death Recorded

not sentenced James Goodwin 8th April

29

[indecipherable] deported John Robinson death

recorded

[indecipherable] deported James Alexander death

recorded

Richard Crozier [indeciphe

rable]

5 Aug [indecipherable]

John Tubb Do Do

John Baker Do Do

James McDermont Do Do

John Ackshot Do Do

Patrick

[indecipherable]

Do Do

[indecipherable]

White

Ch

Gang

4 years

John Dawson Do Do

Owen Burrows Do

Richard Jones Do

Charles Smith Port

Arthur

Thomas Walker J.C.

[indeciphe

rable] 8

July 1831

[indecipherable]

Edward Burns Not in

good

Report

Maria Island

John Southall Sentenced

by Police

[indeciphe

[indecipherable]




rable]

Plains 2

years to

penal

settlement

Joseph Chaytor J.C.[indeci

pherable]

23 July

1831

[indeciphe

rable]

[indecipherable]

[Page 12]

Attorney General

Prisoners convicted file

[Page 13]

List of Prisoners who have been upwards of 5 Years at Macquarie Harbour, 16 June 1832.

Names Date of Arrival Remarks

William Beatson

H. I. Batchelor

Thomas Clay

Elisha Cooper

Rob Hitchinough

William Houghton

William Holt

Lyon Levi

David Morgan

John Mason

Joseph Newcomb

William Nicholls

Thomas Pursor

Joseph Richards

John Riley

Michl Shaughnessy

Solomon Solomon

John Strugnoll

Joseph Wright

Charles Wright

9 Octr 1826

28 April 1827

25 May 1824

19 Feby 1827

9 Oct 1826

28 April 1827

Do Do

27 Decr 1826

17 March 1825

28 April 1827

27 Sept 1822

9 Oct 1826

Do Do

14 Feby 1825

19 Feby 1827

9 Oct 1826

28 April 1827

Do Do

21 July 1823

8 Jany 1824

Recomd by Capt Briggs

Improving in conduct

Correct since my arrival

Generally well conducted

Do and recommended

Do Do

Regular in conduct

Was addicted to a nameless officer

Recommended

Correct

Do Do

Do Do

Do Do

Do Do

Do Do

Do Do

Do Do

Conduct Improved Do

Correct

Do Do

P Baylee

Commandt

[Page 14]

List of Prisoners, who have been upwards of 5 Years at Macquarie Harbour.

16th June, 1832.




[Page 15]

Numerical Return of Prisoners who have absconded from Macquarie Harbour Van Diemens Land since

the formation of the Settlement 3rd Jany 1822 to the 20th June 1832 and who have returned or been

brought back to it and sentenced or received Punishment for that offence.

Year No of Prisoners Remarks

1822

1823

1824

1825

1826

1827

1828

1829

1830

1831

1832

Total

17

49

26

33

13

10

8

1

7

5

“

169

Extracted and Composed

John Douglas P Baylee

Comdts Clark Commandt

[Page 16]

Numerical Return of Prisoners who have absconded from Macquarie Harbour Van Diemens Land, since

the Formation of the Settlement 3rd Jany 1822 to the 29th June 1832, and who have returned or been

brought back to it and sentenced or received Punishment for that offence.




[Page 17]

Numerical Return of Punishments at Macquarie Harbour Van Diemens Land, From 1st January 1826 to

21st June 1832 Inclusive.

Distinguishing each year and each Command.

Average No of Lashes Solitary Confinement

Prisoners at the on Bread and Water

Settlement

Year No. No of

Prisoners

Sentenced

No

Sentenced

No

Inflicted

No of

Prisoners

Sentenced

No of

Days

Sentenced

No of

Days

remitted

1826

1827

1828

1829

250

328

358

335

170

198

197

18

7303

7989

5879

599

6012

7272

5558

574

1

1

“

2

2

14

“

42

“

“

“

“

Captain

Butlers

Command

From

1st Jany

1826

to 11th June

1829

1829

1830

1831

335

308

226

14

29

7

454

1336

185

429

1195

185

16

34

5

110

225

23

22

43

1

Captain

Briggs

Command

From

11th June

1829

to 14th Feby

1831

1831

1832

226

180

24

9

967

235

917

194

13

16

206

256

76

51

Major

Baylee’s

Command

From

14th Feby

1831

to 21st June

1832

Extracted and Composed P. Baylee Majr 63d Regt

John Douglas Commandant

Comdts Clerk

[Page 18]

Numerical Return of Punishments at Macquarie Harbour Van Diemans Land From 1st January, 1826 to

21st June 1832 Inclusive. Distinguishing each year and each Command

[indecipherable]

These Returns were furnished to me by Messrs= [indecipherable] & Walker on their Return from

Macquarie Harbour [indecipherable]




[Page 19]

Alphabetical Return of Prisoners, who have Absconded from Macquarie Harbour, Van Diemans Land,

since the Formation of that Settlement on 3rd January 1822 – to 20th June 1932 and of whose Fate , no

Official Information is known at Macq. Harbour

No. Names

Ship from

Europe

Date of

Absconding

Supposed Fate

Waltr Archbald Chapman 17 May 1825 Got to the Hobart Town

side

John Allways Malabar 1 Feby 1827 Perished in the Woods

21 Geo.Appleby Almorah 31 Dec 1828 Got to the Hobart Town

side

286 Thomas

Bodenham

Coromandel 20Sept 1822 Murdered

193 Joseph Byrne Bencoolen 31 Jany1823 Perished in the Woods

74 Henry Bridge Almorah 20 Feby 1825 Doubtful

267 Joseph Brown Prince Regent 11 Feby 1823 Perished in the Woods

617 Wm. Blackburn Mangles 16 June do Do.

356 Mattw. Brady Juliana 7 Do 1824 Executed

722 James Bryant Chapman Do Do

196 John Bains Bencoolen Do Do

285 Benj. Baker Arab 9 Jany 1826 Perished in the Woods

262 James Byrne Castle Forbes Do Do

197 Robert Burke Cockburn 31 Decr 1828 Executed

Charles Bond Richmond 1 Feby 1827 Perished in the Woods

909 Edwd. Broughton Earl St Vincent 3 Sept 1830 Executed

79 Patrick Chearns Minerva 10 Mar 1822 Perished in the Woods

James Crawford Prince Regent 7 June 1824 Executed

Charles Curran Bencoolen 17 May 1825 In England (Doubtful)

Thomas Cove Dromedary 13 Nov. 1823 Murdered

612 Thomas Cope Ocean 18 April 1824 Perished in the Woods

617 Thomas Callaghan Somersetshire 11 May Do Do

Timothy Crawley Guildford 2 June Do Do

614 James Mc Cabe

Almorah 7 Do Do Executed

615 Charles Connor Ocean 17 May 1825 In England (Doubtful)

616 Patk. Connolly Minerva 7 June 1824 Executed

462 John Connell Phoenix 28 Mar: 1825 Perished in the Woods




[Page 20]

No.

Names Ship from

Europe

Date of

Absconding

Supposed Fate

439 Thomas Connoll Hungerford 14 Mar 1828 Perished in the Woods

110 Joseph Carter Castlereagh 1 Do 1830 Norfolk Island (Doubtful)

945 Wm. Coventry Atlas 3 Sept Do Murdered

178 Alexr. Dalton

Caledonia 20 Do 1822 Do

291 Thomas Dwyer Minerva (3) 31 Jany 1823 Perished in the Woods

290 John Doyle Guildford (3) 4 Mar 1825 Do

292 John Davis Elizabeth 31 Jany. 1823 Do

120 John Dickinson Dromedary 27 Feby Do Do

186 William Deakin Maria Do Do

43 John Downs Minerva 28 Decr. 1824 Do

81 Wm. Donell Surrey 10 Sept 1828 Do

49 John Edwards Hibernia 27 Feby. 1823 Do

45 Edward Evans Castlereagh 10 Jan 1826 Do

53 Michl. Flannagan M Wellington 10 Mar 1822 Do

74 Philip

Flannaghan

Bencoolen Do Do

192 James Flanney Arab 4 Mar 1825 Do

184 Geo. Fryer Phoenix (1) 28 Do Do Do

305 Patrick Feagon Andromeda 3 Sept. 1830 Murdered

77 John Green Castlereagh 4 Mar. 1822 Perished in the Woods

118 Geo. Ganes Hibernia 17 Do Do Sent in pursuit of Bush

Rangers and has not been

heard of since

227 Robt. Greenhill Lady Ridley 20 Sept. 1822 Murdered

181 Richard Giles Guildford 31 Jany. 1823 Perished in the Woods

373 John Griffiths Coromandel 7 June 1821 Do.

131 Joseph Geary Hadlow 11 Jany. 1825 Murdered by Natives

322 John Grant Morley 7 Mar. Do Perished in the Woods

66 Patk. Hickey Minerva 10 Mar. 1822 Do.

144 Richd. Hopkins Globe 29 Jany.1823 Do.

64 Edwd. O Hara Minerva 10 Dec. 1822 Doubtful

185 Patk. Hart Castle Forbes 27 Feby. 1823 Perished in the Woods

510 Michl. Haggarty Elizabeth 17 May 1825 Doubtful

98 Geo.

Hammersley

Lord Melville 4 May 1824 Do.

527 Wm. Hillyer Hadlow 17 May 1825 Perished in the Woods

582 Wm. Humpage Asia 27 Jany. 1827 Drowned (Doubtful)

3 Richd.

Hutchinson

Indefatigble 2 Sept. 1830 Murdered

8 Wm. Holsell Do 1 Jany. 1831 In England or Sydney

(Doubtful)

[Page 21]




No.

Names Ship from

Europe

Date of

Absconding

Supposed Fate

63 Thomas Judge Bencoolen 28 Mar. 1825 Perished in the Woods

72 Michl. McKieron Do. 10 Do. 1822 Do.

221` James Lunt Batavia 13 July 1823 Do.

16 John Lindon Chapman 3 May 1825 Do.

185 John Lamb Malabar 8 Mar. Do. Do.

361 Charles Lucas Woodford 1 Jany. 1831 Murdered by Natives

217 Saml. Marsdon Coromandel 27 Jany. 1823 Perished in the Woods

233 John Mather Shipley 20 Sept 1822 Murdered

340 Alexr. Mill Hungerford 31 Jany

1823

Perished in the Woods

238 John Martin Caledonia 10 Mar 1822 Do.

332 Richd. Morris Hungerford 2 June 1824 Do.

72 Mattw. McAlbey Castle Forbes 3 Sept. 1830 Executed

355 James Mare Woodman 1 Feby. 1831 Doubtful

40 John Newton Granada 2 June 1824 Perished in the Woods

90 Robt. Nicholls Prince of

Orange

11 May Do. Do.

6 Patk. Noland Fame 28 Decr. 1824 Shot by Soldiers sent to

apprehd. Him

95 James North Caledonia 8 Mar 1825 Perished in the Woods

130 James Newman Woodford(2) 1 Feby. 1831 Doubtful

32 James Onell Juliana 11 May 1824 Perished in the Woods

30 Wm. Ozeland Maria 13 Apl. Do. Do.

121 Robt. Palmer Shipley 27 Jany. 1823 Do.

281 Saml. Pantill Competitor 8 Mar 1825 Do.

200 John Prichard Hungerford 1 Do. 1830 Doubtful

374 Charles Ryder Mariner 7 June 1824 Executed

372 Jeremh. Ryan Malabar (1) Do. Do.

2 89 Patk. Riley Pr. of Orange 10 Decr. 1824 Perished in the Woods

54 Geo. Ralph Castlereagh 1 June 1831 Doubtful

168 Wm. Smith John Barry 17 Mar 1822 Sent on purst. of B. Rangers

and not heard of since

198 Josh. Saunders Dromedary 4 Do. Do. Perished in the Woods

293 Josh. Swindell Juliana 27 Feby. 1823 Do.

307 Thomas Sim Fortune 28 Do. 1825 Doubtful

541 Geo. Smith Comr. Hayes 13 Apl. 1824 Do.

593 John Sullivan Malabar 11 May 1824 Perished in the Woods

590 William Saul Agamemnon 25 Augt. Do. Murdered

113 Chas. Smith or

James

Ocean 1 Jany.1831 Doubtful




[Page 22]

No.

Names Ship from

Europe

Date of

Absconding

Supposed Fate

727 Thomas Slater Medway (2) 10 Sept. 1828 Doubtful

1 Mattw. Travers Pilot 20 Sept. 1822 Murdered

James Tierney Hungerford 9 June 1824 Executed

18 Charles Spratt Fanny 2 July 1823 Perished in the Woods

473 Joshua Smith Ocean (1) 12 April Do. Shot by [indecipherable] sent

in pursuit of him

Stephen Toole 27 Jany. 1827 Drowned (Doubtful) No. and

Ship not known at

[indecipherable]

293 James tansley Asia (1) 1 Mar 1830 Doubtful

350 Wm. Thompson Earl St.

Vincent &

Morley

1 Jany. 1831 In England or Sydney

(Doubtful)

18 William Vale Arab 10 Mar 1824 Perished in the Woods

21 William Vincent Competitor 13 Apl. Do. Do.

22 John Walker Guildford 17 Mar. 1822 Sent in pursuit of B. Rangers,

and not heard of since

421 James West Baring 13 Feb. 1823 Perished in the Woods

458 Isaac Walker Gambier 7 June 1824 Doubtful

460 Thomas Wilson Malabar (1) 11 May Do. Do.

87 James Woodward Castlereagh 4 Do. Do. Do.

331 David

Whitehaven

Malabar 17 May 1825 Do.

414 James

Williamson

P. of Orange 9 Sept. 1824 Murdered

262 James Wilton Juliana 17 May 1825 Perished in the Woods

74 Frans. Ward Minerva 14 Apl. Do. Do.

224 John Webb Guildford 20 Nov. 1826 Do.

548 Wm. Williamson Sir G.

Webster

Do. Do.

N.B. The Column of Supposed Fate P. Baylee

is not official – the other Columns are Commandant

John Douglas

Comdts Clerk

[Page 23]

Numerical Return of

Prisoners who have absconded

from Macquarie Harbour

since the Formation of the

Settlement in 1822




[Page 24]

Macquarie Harbour

28th June 1832

Memorandum

On looking over Copy of the List of Absconders I find that the following names should be struck out, as

they are Accounted for at the Settlement and included in the Return of Casualties now forwarded = This

reduces the Number to 112.

Joseph Geary – murdered by Natives

Patrick Nolan – Shot by Soldiers sent in pursuit

Joshua Smith - “ “ “

Thomas Cox murdered

William Saul - “

James Williamson - “

John Douglas

Recapitulation

Perished in the Woods – 62

Got to the Hobart Town side – 2

Murdered – 9

Executed – 12

In England (Doubtful) – 2

In England or Sydney (Doubtful) – 2

Norfolk Island (Doubtful) – 1

Drowned (Doubtful) – 2

Doubtful – 17

Despatched in pursuit of Bush

Rangers and not heard of since – 3

Total – 112

This to be Appended to the List of Absconders

P Baylee

Commandt

[Page 25]

General Abstract of Prisoners at Macquarie Harbour, Van Diemen’s Land,

From the Formation of the Settlement 3rd January 1822, to 28th June, 1832.

Total Prisoners Received during the above period – 1153

Extracted by

John Douglas

Comdt Clerk

Sent to Hobart Town, Sentences having Expired [indecipherable]

during the above period – 793

Absconded where fate is uncertain, or not Officially known at the Settlements –

During Do – 112

Casualties at the Settlement

During Do – 85

Prisoners now at the Settlement/28 June 1832/ - 163

[total] 1153

PBaylee

Commandant




[Page 26]

Abstract of the Number of Prisoners sent to Macquarie Harbour since its formation in 1822.

[Page 27]

Nominal Return of Casualties of Free Persons, at Macquarie Harbour: Van Diemens Land, From the

Formation of the Settlement 3rd January 1822 to 28th June 1832.

Reynolds Pte 48th Regt

Parker - Do

Sent in pursuit of Bush Rangers 17 March 1822 - and not heard of since.

Lieut John Cuthbertson, 48th Regt Commandant – Drowned 22 Decr 1823

Patk Daley. Infant Son of P. Daley, Pte Buffs – Died 10 Feby 1824

Thomas McClelland, Private, Buffs – Drowned – Decr 1824

Thomas Cole. Son of Mr Thos.Cole Shipwrights – Do 28 September 1827

Mr George Luck. Apt Commissr Clerk – Do – 25 April 1829

John McKanna, Private 63rd Regt. - Died in Hospital – 4 Novr 1829

Mr George Bowhills, Pilot – Drowned off the Heads 23rd July 1830

Sergeant Dawson, 63rd Regt “ “ “ “

William Bratton, Pte 63rd Regit – Died in Hospl – 28 November 1830.

Extracted by John Douglas

Comdrs Clerk

P Baylee Commandant

[Page 28]

(in margin – Casualties of Free Persons at Macquarie Harbour)

Numerical Return of Casualties of Prisoners, at Macquarie Harbour: Van Diemens Land, From the

Formation of the Settlement 3rd January 1822 to 28th June 1832. Distinguishing each Year

Description of Casualty Casualties in each Year General Total

Shot by Military - 1824 – 2 1826 – 1 3

Died in Hospital - 1822 – 5 1823 – 3 1826 – 2 1827 – 2 1828 – 10

1829 – 4 1831 – 3 To June 1832 - 1 30

Do. Suddenly - 1828 – 2 2

Do. at Wellington Head - 1826 – 1 1

Do. after returning from the Bush - 1822 – 2 2

Accidentlly Killed - 1823 – 2 1824 – 1 1826 – 1 1828 – 2

1830 – 1 1831 – 1 8

Drowned - 1822 – 3 1823 – 6 1824 – 4 1825 – 1 1826 – 1

1828 – 1 1829 – 2 1830 – 7 1831 – 2 27

Murdered - 1823 – 1 1824 – 4 1825 – 2 1827 – 2 1828 – 1

1829 – 1 To June 1832 - 1 12

Totals - 1822 – 10 1823 – 12 1824 – 11 1825 – 3 1826 – 6 1827 – 4

1828 – 16 1829 – 7 1830 – 8 1831 – 5 To June 1832 - 3 85

Extracted by

John Douglas

Comdts Clerk P. Baylee

Commandant




[Page 29]

Return of casualties of Prisoners at Macquarie Harbour since the formation of the Settt. in 1822.

[Page 30]

Members of Society at Macquarie Harbour

June 17th 1832

Thomas Hollaway

Richard Edwards

Henry Chapman

Robert Wright

Benjamin Smith

James Mountshire

Henry F Chapman

Thomas Day

Joseph Johnson

Martin Cain admitted on trial

[Page 31]

Macquarie Harbour

28 June 1832 – 10 p.m.

Memo//

It has just occurred to me that if the List of Casualties is shown to any person acquainted with the

Settlement they would say this was an omission of 3 prisoners who were hanged here in 1825, but I left

them out purposely, as they did not belong to the Establishment, being sent down in charge of the

Sheriff, and were only landed from the Vessel to be Executed – They certainly committed the offence

here (3 murders) for which they suffered – were sent to H.Town for Trial – and consequently struck off

the Books – They are included in the No. 793 in “General Abstract.”

John Douglas

Names of the Men Executed

Thomas Hudson

William Allen

Francis Oates

[Page 32]

Macquarie Harbour

5th July 1832

New Penitentiary. Built of Stone and Brick.

Three rooms – 36 Feet by 17 Feet, each – in the clear

Height of Lower room – 10 ft 6 in

Do – Middle Do - 8 ft 6

Do – Upper Do – 3 ft 6 to Rafters of Roof

(in margin - Walls 18 inches thick)

70 Prisoners lodged in the above at present, but capable of accommodating 90, with ease.

Penitentiary Small Island – Weather Boarded – 36 ft by 12ft 10 in = 7 feet high and lofted – 9 prisoners.




Gaol

Built of Brick – Stone foundation - Extreme length 44ft 9 – Width 15ft 9in. = In seven divisions, viz:

One Guard Room 16ft by 14 ft (where Prisoners are usually confined before Trial) and 6 Cells for

Solitary Confinement, the latter, each, 7ft by 3ft = Height 8ft 8in. – with a passage along their Front 3 ½

feet in Width = Each of the Cells are Ventilated by a hole thro’ the Roof, into a Loft, of 12 Inches by 2

and another into the Passage of 15 inches by 3.

The Guard Room and Cells are completely Floored with Pine Boards.

John Douglas

Com dt Clerk.

[Page 33]

Ackd 30/8/34.

W.J.W.

London June 18th 1833

Sir

I have the honor to inform you that I have sent the Petition signed by eight Members of Parliament

besides myself which will be conveyed to you by the two unfortunate Men G B Giblett, and H. Penny,

who I take the liberty of recommending to your Excellency’s clemency.

I have the honor to be your Excellency’s Obd Humble Serv.

W Lamont M P for Wells Somerset

To His Excellency

The Governor of New South Wales

[Page 34]

W. Lamont, Esq

18th June 1833

In favour of G.B. Giblett & H. Penny –

[Page 35]

enc –

House of Commons

London 14th June 1833

Sir,

We beg to recommend to your favourable consideration G B Giblett & Hr Penny who are now under

sentence of Transportation for Life for Forgery. They having always borne an excellent Character until

this unfortunate circumstance took place, & one of the undersigned (N. Lamont) having known the

Prisoners for many years believed they had no intention to commit fraud.

N Lamont MP for Wells

Thomas Calley MP for Cricklade

G. Ashford Sanford MP for Launceston

Wm W Brigstock MP Eastern Somerset

W. Tayleur MP for Bridgewater

E.H. Grosvenor MP for Stafford.

To His Excellency

Governor of New South Wales

etc etc etc




[Page 36]

Joseph Pease Jr MP – Durham County (South)

Richd Potter MP for Wigan

James Talbot M.P for Athlone

[indecipherable] 7 Spring Garden.

[Page 37]

H Lamont Esq – MP and other Gentlemen recommendation in favour of Giblet & H.Penny –

14 June 1833

[Page 38]

The King on the Prosecution of Gordon Vs Savary

Notes for the Prosecuting Counsel

Mr Gordon wishes his Counsel to show that the object of the Prosecution is not so much to Punish the

accused as to establish the fact that convicts have been permitted not only to write in the Newspapers but

to become the Editors of the Public Journals and to dwell on the evils that must result to the community

from Convicts being permitted to control the Newspaper press both on account of their having no legal

rights, and also on account of their necessary subserviency to the Authorities at whose pleasure they may

instantly be deprived of the degree of liberty which they enjoy – as it is intended to publish the

arguments of the Counsel – and to forward copies to several of the home authorities it is requested that

the Counsel will keep in view the effect which those arguments may produce elsewhere as well as on the

Magistrates – It is important to show that Savary acted under the sanction or by the desire of persons in

authority – but it is absolutely

[Page 39]

absolutely necessary to shew that he has stated that he acted under the sanction of the Governor.

Call Mr G. Robertson – To prove that Mr Savery had admitted that he was Editor of the Tasmanian -

Ex[indecipherable] – him as to the falsehood of the article.

Mr Lascelles – To Prove that he stated to him that he was Editor – both before and since the date of the

complaint to the Governor and that he set the complainer at defiance and said he would make it worse for

Mr Gordon or some words to that effect –

Call Dr Ross – to Prove his knowledge of Savery being the Editor and howe he acquired it –

Call - Mr Gregson to prove a conversation which he had with Savary wherein Savery acknowledged that

he was the Editor etc etc

Call Frederick Smith to prove that he knows that Savery has written many articles in and as the

Conductor of the Tasmanian.

[Page 40]

Call Mr Melville

To prove that Savery is employed by him as Editor - Examine him as to the article in question –

[Page 41]

The King on the Prosecution of Gordon vs Savery.

Brief

Mr Gellibrand is requested to attend for the Prosecutor at the Police Office at ½ past 10 o’clock on

Wednesday 29th May 1833




James Gordon

[Page 42]

(This and the following page) Summary shewing the number of Prisoners convicted, acquitted,

discharged by proclamation, admitted to bail, sentenced to be hanged and whether Executed, pardoned

unconditionally, or pardoned when condition of Transportation, and for what time, and also those

sentenced to Transportation (distinguishing Life, Fourteen, and Seven years)

Imprisonment and other punishments by the Supreme Court of Criminal Judicature for Van Diemans

Land from January1832 to December 1833 – both inclusive

For this Year 1832

Sentenced to be hanged and Death recorded – 83

Executed – 14

Commutation of Sentence

Transportation for Life – 39

14 years – 6

7 years – 2

Pardoned unconditionally – 1

Not disposed of – 21

[total] 83

To be transported for life – 0

14 years – 5

7 years – 18

To be imprisoned for short periods – 5

Imprisoned and publicly whipped – 0

Fined and discharged – 3

Total No. convicted and sentenced during 1832 – 114

Acquitted – 38

Discharged by proclamation – 21

by Attorney General – 2

Not sentenced – 2

Total committed in the Year 1832 - 177

*These Men disposed of in the following manner (viz)

1 served his term of imprisonment out in Gaol

4 sent to Norfolk Island

5 Executed

3 to Port Arthur

6 to Principal Superintendents

2 still in Gaol, (viz) Timothy Waters & John Allen

21

NB Free – 25

Free by Servitude – 31

Prisoners – 121

[Total] = 177




[Page 43]

(See previous page)

For the Year 1833

Sentenced to be hanged and Death recorded – 79

Executed – 7

Commutation of sentence

Transportation for Life – 46

14 years – 14

7 years – 7

In Gaol, not disposed of – 6

[total] 79

To be Transported for Life – 5

14 years – 13

7 years – 46

To be imprisoned for short periods – 22

No. convicted during the Year 1833 – 165

Acquitted – 84

Discharged by Proclamation – 65

by Attorney General – 5

On Bail – 2

For trial Quarter Sessions – 11 167

Total committed in the Year 1833 – 332

No. executed in 1833 = 12 – but five of that Number were tried and convicted in 1832.

NB Free – 50

Free by Servitude – 117

Prisoners – 165

[total] 332

Thomas Bannister

Sheriff

[Page 44]

Summary of Convictions before the Supreme Court of Van Diemen’s Land during the Years 1832 &

1833.

[Page 45]

Memorandum

18th November 1833 – The Chief Police Magistrate will make immediate enquiry, and obtain the fullest

possible information upon the following points.-

1st Whether any person of the name of John Kettle resided at Launceston about the month of May 1829,

or at any time either previously or since, and in what manner he obtained his livelihood, and has

disposed of himself, or any other particulars respecting him. –

John Kettle per Caledonia formerly an Overseer in the Launceston Chain gang became free, lived in

Launceston at the time mentioned, a bad character and notorious gambler, no particular calling – went

from Launceston in 1829 or 1830 since supposed to have gone to England or Sydney.

2nd

The Chief Police Magistrate –




[Page 46]

2nd Whether any person of the name of “George Glen” is known at Launceston, and whether he was

there about the month of May 1829 or subsequently, and when; - it is supposed that he was there about

that time, and that he came down from Sydney in the “Hetty”

3rd It is stated by George Glen, that “Jane Nerr” was living openly in her own name about May 1829 at

Launceston at the house of John Kettle, and soon after came to Hobart Town; it is very desirable it

should be correctly ascertained whether

(continued next page)

(in right margin - George Glen or Glue arrived at Launceston from Sydney in May 1829 remained at

Launceston until Mar. 1831 when he was committed for trial on a charge of stealing a saddle – convicted

and served 12 months in jail and discharged - a bad character since gone to Sydney.

A woman under the name of “Hannah Noon” was living in Launceston at the same time as Jn Kettle

came to Launceston as servt to Mr Solicitor Dawes, went to Hobart Town and has returned now living

with Thos. Twining a Bricklayer working at the new Female Factory Launceston. The period of Hannah

Noon’s going to Hobart Town was about Jany 1829)

[Page 47]

whether Jane Nerr was there at all, and if so, the exact period when she was so, and if she left it to come

to Hobart Town or whether she did come to Hobart if so, when & how long did she remain

“Noon”

“Noon’s”

[Page 48]

Mr. Lyttelton’s replies to certain queries connected with the case of Jane New – 20 Nov 1833.

20 Nov 1833

[Page 49]

Copy

Robert Legge ( Charged in the sheltering

Freed ( and protecting Ann Davis

( a prisoner of the Crown

Charge Dismissed

Present

W Lyttlelton Esqre

G.S. Davis Esqre.

J. Henty Esqre.

22nd Nov. 1833

Launceston




[Page50]

Copy

Island of ( Be it remembered that

Van Dieman’s Land ( on the 12th day of November in

To wit ( the year of our Lord one

thousand eight hundred and thirty three at Launceston in the said island of Van Dieman’s

Land Constable George Pyle in his own proper person who prosecutes for our Sovereign Lord the now

King, as well as for himself in this behalf, before me William Lyttelton Esquire one of His Majesty’s

Justice of the Peace in and for the said Island and its dependences, and giveth the said Justice to

understand and be informed that Robert Legge of Launceston in the said Island did in his private

dwelling house situate in Launceston aforesaid, on about the seventh day of September last past shelter

[Page 51]

and protect Ann Davis a prisoner of the Crown then illegally at large – contrary to the provision of the

Act in Council of this Island [indecipherable] entitled “ An act for amending the Laws, and preventing

the harbouring of Felons – for which said offence, and by virtue of the said act, he the said Robert Legge

hath become liable to forfeit and pay the penalty or sum of one hundred pounds – whereupon the said

George Pyle prays that the said Robert Legge may be summonsed to appear and answer to this

information and make his defence thereto.

( Signed George Pyle)

Exhibited and taken

the day and year

first above written

before me

(Signed) W. lyttleton

[Page 52]

Copy

Police Office Launceston

22nd Novr. 1833

Mr Solicitor Gleadow appears for the Defendant and pleads not Guilty.

Robert Bell being sworn saith I know Ann Davis. She absconded from my service but I cannot say at

what time.

(Signed) Robt. Bell

Elizabeth Barrrett being sworn saith. I served as Housekeeper to Mr. Legge in the month of September

last. I know Ann Davis. I never instructed any one to get her assigned to me

[Page 53]

She was in Mr. Legge’s house in the month of September – She was there on the 7th. I saw her there for

a considerable time before that. During the time she was there I did not feed or cloth her but she was at

that time fed by Mr. Legge. She was under his protection and slept in his dwelling House – I slept in the

same house Ann Davis slept only one night in the room with me. She was not assigned to me at this

time. I never applied to have Ann Davis assigned to me. During the time she was with Mr. Legge she

worked for him.

Cross examination –

I was employed by Mr. Legge as cook and house servant. I was confined at




[Page 54]

Mr. Legge’s house, during that time, and for a short time before that I was unable to do my duty as his

servant, when Ann Davis did my work, she was with me during my confinement, and rendered me

assistance in the house, she sometimes nursed my child as well as performing her other duties in the

house. Mr. Legge made no deduction from my wages during the time I was unable to work I never

expressed a wish to have Ann Davis assigned to me. I went to her at Dr. [indecipherable] at the request

of Mr. Legge. Mr. Legge asked me to have the woman assigned to me but I said I would rather not.

( Signed ) Elizabeth Barrett

[Page 55]

Thos. Barrett being sworn saith I know Ann Davis a prisoner of the crown – she has never been assigned

to me. In the month of September last I was living with Mr. Legge as Gardener. I never applied to have

her Ann Davis either assigned to me or on loan. I never considered her my servant

Thos Barrett

+ his mark

William Henry Browne, Chaplain being sworn saith - on the 6th or 7th of September last I recollect

calling on Mr. Legge respecting a person named Ann Davis

[Page 56]

Davis a prisoner of the Crown – I knew she was at that time in his house for I saw her go in five minutes

before.

(Signed) W.H.Browne

Ronald Gunn being sworn saith I am Superintendent of Convicts at Launceston – I know Ann Davis she

is a prisoner of the Crown - in the month of June last she was assigned to Mr. Barrett on an application

of Mr. Legge. In the month of September last Ann Davis was not illegally at large.

In consequence of

[Page 57]

a letter from Dr. Browne to me, expressing a wish that Ann Davis might be removed from Mr. Legge I

went up to Mr. Legge’s house and told him I wished to move the woman from his house, and send her

into the Country, to which he immediately acceded. At the time Mr. Legge applied for a female servant

in the name of Ms. Bunett the woman Ann Davis was the only one who was then assignable.

(Signed) Ronald C. Gunn

Charge dismissed it appearing that Ann Davis was not illegally at large.

( Signed) W. Lyttelton

( “ ) Jas. Henty

( “ ) G.S. Davies

[Page 58]

Robert Legge – tried at Launceston on the 17th February before Mr. Justice Montagu and a military jury

for aiding the escape of a Convict from the Colony –

Acquitted




[Page 59]

The Statement of Mrs. Mary Coulson who saith, I am the wife of George Coulson – we keep an inn

about ten miles from Launceston on the East Bank of the river Tamar – we have done so for three years

this month – I recollect some time in the summer after we opened house Mr. Robert Legge then under

Sheriff came. I cannot now recollect the month or the day of the month – Mr. Legge was accompanied

by a respectable looking female like a lady – Mr. Legge had frequently been at our house before and he

came into my private parlour, and asked me

[Page 60]

if I could accommodate the lady, he said she was a respectable young lady that he was taking to George

Town for the benefit of her health, and that he did not mind what accommodation he had so long as she

was accommodated; They came on horse back . Mr. Legge said the lady’s horse knocked up, otherwise

they had intended to have gone to Dr. [indecipherable] They remained at our house that night – Mr.

Legge had a bed on the sofa in the Parlour, and in consequence of Mr. Legge saying that the lady was

very delicate I was induced to give up my own bed to the female – The following morning they had

[Page 61]

an early breakfast and Mr. Legge hired Mr. Coulson’s boat to go to George Town – Mr. Legge and the

female went away together in the Boat – I did not see the female again until about a week afterwards

when I saw her at the Police office Launceston as a convict – I was told by the Police Magistrate that

she had absconded when she was in my house – her name was Anne Davis.-

Mr. Legge told me that they came on horseback. they came arm in arm to our house with one horse, and

Mr. Legge said the Lady’s horse had failed, and that he had sent it back

[Page 62]

by the servant – The one horse was left at our house, and the day after they left Mr. Gleadow the solicitor

at Launceston came and took the horse away saying that the horse belonged to Mr.Oakelen that Mr.

Legge had sold it to him.

(signed) Mary Coulson

Sworn before me this twelfth day of September one thousand eight hundred and thirty six.

(signed ) John Clark

[Page 63]

The information on oath of Charles Freestone Chief District Constable of George Town who saith that

two years ago, I received information that Mr. Robert Legge, who was then under Sheriff, was at

Clarence Point in Mr. Wm Bryan’s House with a female convict concealed there. I went to the house,

and found Ann Davis in bed with Mr. Robert Legge – This was about ten oclock at night – Ann Davis

was a runaway convict – I took the woman over to the watch house at George

[Page 64]

Town, while she was there I was offered £50 by Begent the fisherman to let the woman go along with

Mr. Legge again – Mr. Legge had taken his passage in the Brig Socrates which was laying in Bryan’s

Bay, for New Zealand – I cannot say if the woman’s passage was taken –

(signed) Charles Freestone

Sworn before me this Eleventh day of September 1836 at Launceston

(signed) John Clark




[Page 65]

Jy 26, 1834

In looking over my List of Prisoners I find that 48 of them acknowledged that they complied with the

demand a request of the Clerk of the [indecipherable], (it does not appear the same system is practised in

the Leviathon and paid a bribe [indecipherable] to lose their names included in the List of those that were

to embark for Sydney or Hobart Town by the first ship – 4 to be permitted to recover the amount of sums

paid by the prisoners

Several mentioned that they had advanced money for others who had none in order to [indecipherable] as

they had been led to believe their names being included in the list.

[Page 66]

Again, it was told to me by several of the prisoners and reported as a point of general notoriety amongst

them, that when their friends lent them articles of clothing with a view to contribute to their comfort

during the voyage or when they land in the colony they are not allowed to receive, or rather to retain &

possess them, but are compelled to sell them for whatever a certain man employed for the purpose may

choose to give for them, or throw them overboard, the latter they [indecipherable] for, but are afraid lest

they should be made to suffer as refractory characters and therefore, think it, generally speaking, prudent

to give up their valuable clothes, sometimes whole suit, for a mere trifle as 3 or 4 shillings.

Further, when their friends forward to them a few pounds of sugar, a half pound or a pound of tea – these

articles they are not permitted to receive but must either dispose of them to the appointed personage, or

lose them thrown, or throw them overboard.

[Page 67]

Their pound of tea & sugar therefore goes for a few pence, and they are allowed to purchase from some

dealer, who is allowed to sell to the prisoners as much as they please, tea at 7 or 8 shillings per pound &

sugar at 17d-.-

The general way in which they obtain money to meet the demand of the bribing clerk

is said by them to be by signing a “ticket” for slops to be furnished by some Jew or slop-seller, who

perfectly understands the business and receives his percentage – but of course supplies no slops - and the

money goes for the purposes for which it was exacted. – Last is the truth of the information I have been

able to collect from the Prisoners [indecipherable] but I vouch not its correctness. The [indecipherable] I

confess, appear to me to be true.

Mr Collier, 515G – Mr Hawkins 5120. Phil.Smith. 4885 – Will Hale, 4919 – John Johnson, 513G – Geo

F. Hunniburn, 5162. Rich. Brookes, 512d. Will Woodman 510G Will Taverner, 4638 – V.S Pennington,

5182, and Will.Reeve, 4652 – will be able to explain the whole system [indecipherable] Transport. July

26th [indecipherable] In haste

Colin Arrott Browning.

[Page 68]

[indecipherable] made by Prisoners in hand

[indecipherable]

Dr Browning

26 July 1834.

Relative to the Male Convicts on “Arab”




[Page 77]

Comparative scale of Rations. 1834.

[Page 78]

- Male Convicts –

Total Number remaining in December 1833 – 13,126

In the Service of Settlers during this Year – 6,702

Become free by Servitude – Ditto – 419

Convicted after becoming free- Ditto – 49

- 1834 –

Total Number remaining to the 23rd December – 13,747

In the Service of Settlers during this Year – 6,358

Become free by Servitude – Ditto – 631

Convicted after becoming free – Ditto – 61

Josiah Spode P.S. Decr 23rd 1834

[Page 79]

Return of Convicts to whom Free Pardons have been granted.

30th Jany. 1835.

[sideways on page]

These are [indecipherable] in Experience Colonel Arthur’s 2 letter on [indecipherable] [indecipherable]

to be carefully preserved here.

[Page 80]

- Female Convicts.-

Total Number remaining in December 1833 – 1864

Assigned – 1492

Become free by Servitude during this Year – 78

Convicted after becoming Free – Ditto – None

- 1834 –

Total Number remaining 23rd December 1834 – 1915

Assigned – 1461


Convicted after becoming Free – Ditto – 1

Josiah Spode P.S. 23rd Decr 1834 –

[Page 81]

- Female Convicts –

Total remaining in December 1833 – 1864

Assigned – 1492

Become free by servitude during this Year – 78

Convicted after becoming free – none




- 1834 –

Total remaining December 1833 – 1864

Arrived per Edward Septr – 1834 – 151 --1915

Assigned – 1461


Convicted after becoming free – x none

Josiah Spode P.S. Decr 23rd 1834

x One was convicted this year, which was notified in an amended return delivered to His Excellency JS

[Page 82 – not transcribed]

[Page 83]

Summary of Offences and Statement of punishments in Van Diemen’s Land for the half year ending 31st

December 1834.

[Page 84]

Principal Supers Office

28th January 1835

Total number of Female Convicts that have arrived in the

Colony from the first formation to the 31st Decmber 1834 - - - - - - 2990

Total Number that have become Free by Servitude during

the above period - - - - 833

127

706

J.Spode

I have not the least idea of the number resident in the Colony of those become free. JS

[Page 85]

4229

631

3598

Principal Supert Office

28th Jany-1835

Total Number of Male Convicts received from the first

formation of the colony to the 31st Decr 1834 - - - 20.532

Total Number of Male Convicts that have become free

by Servitude during the above period - - - - - 4229.

Josiah Spode

P.S.

[Page 86]

Glasgow 23rd February 1835

James Hyde Esqr

Dear Sir,

I have to address you on a very painful business, but I am sure if you can assist me in the object I have in

view I shall not seek your aid in vain.




Mr McCrother, a young man about 20 years of age, absconded from his Employers some months ago

with about £1100 in money – he was apprehended, and nearly £900 of the amount returned. I offered to

pay the House the estimated deficiency if they would be no party to a criminal prosecution, and as the

offence was bailable I intended to grant a Bond for his release, and forfeit the amount that he might go

into voluntary exile, but his Employers determined on making an example as they had suffered in two

previous instances. His trial took place in Edinburgh – he pled guilty to the charge, and was sentenced to

14 years transportation beyond seas – I believe the period might have been fixed at seven years but the

young man as well as his friends were apprehensive that for the shorter

[Page 87]

period he might have been kept in this Country, in place of being sent to Australia, to which place he had

of his own accord taken his passage previous to his apprehension.

You will see from the accompanying copied Correspondence with the Right Hon.ble The Lord Justice

Clerk – The Secretary of State for the Home Department, and Lord Mackenzie, that I have been

endeavouring to get the Home Office to allow the young man to be kept separate from the other Convicts

on the passage to Australia. You will observe Mr Goulburn in his reply holds out no promise of such

being granted, but Mr Deans with whom you are acquainted, and who is now here, expects to be able to

affect some arrangement with Mr Capper of the Transport Office as to which, however, he will see you

after his arrival in Town.

I have now to ask the favour of your kind influence with your friend Colonel Arthur the Governor of Van

Dieman’s Land in behalf of my unfortunate Brother-in-Law, should his destination be to that Settlement,

or if to Sydney, I have no doubt that a request from your

[Page 88]

friend at the former to the Governor of the latter place would receive every attention – I indulge the

hope, that if the young man’s conduct during the passage and after his arrival be such as to merit

commendation, that such a distinction will be made as regards his comparative comfort as to encourage

him to act with propriety during the period of his exile, if not to entitle him to a shorter duration of his

sentence. I hope you will not think that I wish you to make any request in this case, that would be

inconsistent with serving the ends of justice. I shall naturally take an interest in the young man if he

continues to conduct himself in the same penitent way he has done since his apprehension, and it will be

a consolation to his widowed Mother – his Sister & Brothers to know that in the land of his banishment

there will be a surveillance over him for his future good.

Mr Dunlop the partner of Mr Deans will likely call on you in a day or two to acquaint you by what vessel

this young man is to go passenger, that you may write by the same conveyance. The [indecipherable]

with the convicts from Edinburgh

[Page 89]

is to sail from Leith tomorrow for London.-

Trusting that you will forgive all the trouble I thus give you.

I am, Dear Sir

Yours respectfully

William [indecipherable]

Signor Mantiezene

[Page 90]

[indecipherable] 11.5.35




4 Every thing depends upon the judicious application of first punishment – in fact the young soldier’s

future conduct is most frequently determined by it – The minds and feelings of men are cast in different

moulds and the same modes of punishment applied indiscriminately to all (which has hitherto been too

much the case) is a fatal defect and has rendered many a good soldiers a worse man without making a

bad soldier a whit better one – generally speaking I should say that punishment does not make a soldier

return to his Duty with an improved disposition – and one reason of this is, that whilst under punishment

his mind is not improved but on the contrary debased by his being associated with the same characters.

5 If this punishment has been a discreet one the soldier returns to his duty ashamed and anxious to make

his comrades forget the disgrace –

[Page 91]

but if it has been an indiscreet one the soldier returns to his duty laughing at it and tries to induce others

to do so likewise.

6 Their habits have been altered in a direct proportion with the effects which the

punishments have had upon their minds – the health of the men has at times been affected by long

solitary confinement in bad prisons.

7 Solitary confinement of the most severe kind for a short period is very efficacious –

hard labour by day and solitary cells by night is also very efficacious – imprisonment and hard labor is

of little effect morally speaking because the men are generally congregated together whilst in Prison.

[side note]

Your close observation [indecipherable][indecipherable]

[Page 92] [Pencil side notes almost completely indecipherable]

8 [indecipherable] ----------because the effects of punishment upon a soldier must depend upon the

application of such punishment according to the nature of the man to be punished – and this should be

left to the discrimination of the Court – no body of men in their senses would I should suppose

administer the same kind of punishment to the active high spiritual clean soldiers, as to the dirty

grovelling one – and yet I have frequently seen such things – the fact is the duty of Court’s Martial is I

may say almost invariably very ill conducted. – I had ample opportunity whilst [indecipherable] Judge

Advocates of observing this – and it is from this total want of attention to the subject before a Court –

that I date the evils in this present inefficiency of

[Page 93]

Military Punishments – how to obviate this I know not but I have frequently thought that excepting in

cases of Life and Death two or at most three members (as is the case in

civil trials at Quarter Sessions) would be sufficient taken from the Senior Officers of [indecipherable]

and finish from such duty – mere boys without knowledge or experience and often without education

compose the majority of Regimental Court’s Martials.

Of imprisonment and hard labor eight months 9 and 10

Of hard labor and solitary imprisonment four months.

Of severe solitary imprisonment two months.

Yes to each Barrack should be attached a sufficient 11




[Page 94]

numbers of solitary cells constructed of stones sufficiently airy and in which profound silence should be

enjoyed -

12 Already answered in number 7.

13 Most certainly – first because by placing a retired Officer or sergeant as conductor of such Prisons

the military habits of the soldiers would not be lost sight of whilst under punishment which they are

under the present system - and secondly because the soldiers would not as at present associate with

felons and vagabonds [indecipherable] who are always to be found in civil places of

confinement

14 [indecipherable] was adopted at Limerick by breaking stones/ heavy task work/ under the

[Page 95]

Captain of Engineers in the Barrack Yard and cells at night – the soldier was never released until he had

completed his quota of work.

Yes the establishment of a defaulter’s Room in which should live and 15

mess together and parade together the men under any sort of Punishment.

1st by making the meals of the soldiers better – by insisting on Beer 16

being provided at dinner – by also having a tea or supper x - at present the soldier has no meals from

one o’clock on the one day until eight o’clock of the following morning - he therefore spends his

evening in a Public House having nothing else to look to than roll home and go to Bed - in Ireland

soldiers

(in margin – x & sufficient fuel provided to keep up good fires in the Barrack Room in the Evenings

especially - )

[Page 96]

had a clear four pence to six pence a day and they could get drunk for two pence – and this they seldom

failed to do for they were put up very badly and every other place was more comfortable than their

Barrack room. Athletic Games such as Fives Cricket and Foot Ball should be encouraged and the means

afforded for their being played in every Barracks, it is to be observed that although too little duty is not

desirable yet too much duty has a bad moral effect upon the minds of soldiers, I mean in time of Peace –

for they thus look upon it as a punishment instead of an honour - this is very bad and was

[indecipherable] by the Duke of Wellington in 1813.

17 Yes but much would depend upon the quarters the Soldiers might be in – one being much

[Page 97]

more expensive than another. The crime of drunkenness is the one which should lead to loss of Pay –

and here I will observe upon the suicidal operation of issuing spirits to soldiers at a moment when the

General Commanding in Chief declares that drunkenness is the root of all Military Evil: - It is well

known that many young Soldiers will not drink their ration which they sell to their older comrades who

thus become intoxicated by the very drink served out by their Officers - or what is almost worse the

young Soldier is jeered into drinking the Poison and thus becomes in time a lover of that which he

probably never would have taken to, had he not been given drink by his superiors, who whilst they with

one hand instil the

[Page 98]

poison, with the other endeavour, although vainly, to eradicate it by Punishment.




But so long as the British Army is recruited as it is now is from the dregs of society – and I fear it always

must be so in a great degree in consequence of the constitution of the Country – so long is it probable

that drunkenness and its concomitant evils will exist.

The stations for Recruiting are in large towns - and the class enlisted are for the most part those out of

work or who for some other private reason wish to fly their homes.

A great fault is in the selection of the Officers on the Recruiting

(in margin – London Edinburgh Dublin L’pool Bristol Glasgow Limerick Manchester Birmingham

Leeds York)

[Page 99]

Staff who are generally old and inefficient and only looking upon their situations as a sinecure – whilst

the Subaltern Officers are ordinarily those who wish to keep from joining their Regiments on Foreign

Service and who are in no wise interested in the duties of their situation beyond making it one of

emolument. So also may be said of the men employed upon this duty, they are required to be at all Fairs

and Public Houses and the first lesson they teach the Recruit is to spend his money in carousing and

debauchery.

[indecipherable] 11. May 35

[Page 100]

[indecipherable]

respecting Punishments

11 May 35

[Page 101 – Document not transcribed]

[Page 102]

Convicts

Police Office

Hobart Town

General Statement and Summary of Offences and

punishments in the Territory of Van Dieman’s Land

for the Half Year ending 31st December 1835

[Page 103]

Convicts

Hobart 7 April 1836

Private

My Dear Sir

The interest I feel upon the subject of Prison Discipline – and the conviction of its imperfections in this

Colony owing to the inadequacy of the means of rendering the [indecipherable] degrees of punishment

effective – is the best excuse I can offer for requesting Your Excellency’s attention to the written

His Excellency

The Lieut. Governor

[Page 104]

written contract, which I have obtained from the Westminster Review.

A practical man cannot I think doubt the value of the suggestions made:-

Classification for Prisoners so little attended to in some places of confinement, is one main object - the




other great one is – not being able to adapt the punishment to the delinquent, which may from a

knowledge of his nature be most likely to work

good. – for it is too much the

[Page 105]

custom, and which necessity enforces – to administering the same species of punishment, to all offenders

whatever their natural feelings or habits may be.-

I trust you will excuse my thus troubling you – and believe me

My dear Sirs,

I am faithfully obliged

[indecipherable]

[Page 106]

Chief Police Magistrate

Police Return to March, 1836.-

Digest of the Coll. Enactments,

Precis of Mr Crawford’s Report of Sundry Punishment.

[Page 107-108 not transcribed]

[Page 109]

Return of The Police Establishment in Van Diemen’s Land for the Quarter ending 31st March, 1836.

[Page 110]

Summary of Mr Crawford’s Report on the Penitentiaries of The United States, and of the points to be

kept in view to make punishment more effectual.

1st To diminish as much as is possible the number of persons committed for Safe Custody only and with

this view to extend the practice of taking Bail as widely as it consistent with the public interests.

2nd That there should be a more frequent delivery of the County Gaols than twice in the year.

3rd That provision be made in every Gaol and House of Correction for the Solitary Confinement of

certain Classes.

[Page 111]

4th That every prisoner should have a Sleeping Cell.-

5th When the preferable system of solitary Confinement is not adopted. Silence should be rigidly

maintained by day as well as by night.

6th That in the Confinement of prisoners in association the Convict when employed should be prohibited

at all times from holding any intercourse with another prisoner.

7th That for the maintenance of solitary Confinement for lengthened periods as well as of Silence it is

necessary that prisoners subjected to either plan of Prison Discipline should be habitually employed.-

[Page 112]

8th That Provision be made for establishing a more efficient system than at present prevails of

communicating religious Instruction.

9th That the mere classification of Prisoners fails to prevent corrupt intercourse.




10th That the rigour of Imprisonment should be equal certain and unremitted.-

11th That there should be an uniformity in the discipline of Prisons throughout the Kingdom.

[Page 113]

12th That the sentence of the Law should not be abridged in consequence of good conduct during

Imprisonment.

13th That certain Gaols under Corporate Jurisdictions be abolished.

14th That increased attention be paid to the Character and ability of the subordinate Officers of Prisons.

[Page 114]

Classification of Boys

1st Boys Committed for Trial.

2nd Boys sentenced to terms of Imprisonment.

3rd Boys Committed for Vagrancy.

4th Boys sentenced to be Transported.

[Pages 115-122 Duplicated]

[Page 123]

7.6.36

Copy

Sir,

In availing myself of your remission to submit to your private communication some means of improving

the arrangements relative to the Crown Prisoners in the employ of Govmt., I can only, I fear, repeat what

you are already familiar with – I shall endeavour therefore to occupy your attention as shortly as

possible. =

The subject divides itself into five heads – Classification, Food, Clothing, Lodging, Labour.

Classification is easily practicable here. But in order to it, the Superintendent of the Prisoners Barrack

must be a really efficient officer, - that situation must be filled by a person, who will devote his whole

personal attention to it. He must not leave to Prison Clerks, or Prison Wardsmen to perform the most

important part of his duties – they must be done by himself in person. It is not enough that he is present

at the Evening Roll Calls and occasionally in the morning – he must always be at his Post. Frequently, at

uncertain times visiting every room, particularly attending to that essential part of his duty. (which being

performed in the Army by a Captain surely a Superintendent of a Convict Barrack has no reason to

avoid). The visiting frequently in every week, every day if possible, the Dinner of the Men, seeing that

the food is good of its kind, sufficient in its quantity, & cooked, delivered & divided as well as

circumstances will admit of - His first duty will be to classify the men. This will require much care –

The Principle should be to look to the nature of the Offence for which each man is transported, and to his

habits & conduct before & since his conviction. Thus placing together those who have seen better days

who have been accustomed to those habits of vice by which the lower order of Prisoners are unhappily

distinguished, progressively descending in the scale of behaviour, so as that those who can be kept in

subjection, only by the strictest security, may, by being




[Page 124]

being separated from the well disposed, be prevented from infecting them of their bad example – Every

man as he comes in, to be carefully examined & placed in that class to which he may be found properly

to belong. There will be little or no difficulty in doing this, if properly & zealously set about, and

assiduously attended to – There are Wards sufficient in the Penitentiary to carry this Classification into

effect, if not so fully as could be wished, at all events so as may materially to improve the present most

injudicious system of promiscuous intermixture. I will not press this subject further upon your

consideration. It is no doubt perfectly familiar to you. But I am convinced that if the Superintendent of

the Barracks went zealously & unintermittingly to work, that the greatest improvement would be

effected.

Food - Upon this head very great attention should be paid by the Superintendent to the receipt of the

meat & Bread in the first instance. It would be extremely desirable if the whole animal food was

delivered or carcases entire; so as that no unfair practice could prevail anywhere, either as to weight, or

as to furnishing a greater proportion of inferior, than prime pieces. The quality being of course a most

important consideration, it should be unhesitatingly rejected upon the Contractor, whenever there should

appear the least ground for so doing - Unless the Superintendent attended to this personally, if not

constantly, at least so often as to render his presence to be apprehended, it is impossible to expect that the

abuses will be prevented. The Cooking should be performed under the superintendence of delegates

from the Prisoners, who should be permitted to have access to the Kitchen for that purpose only. The

Cooks to be strictly prohibited from having any perquisites whatever. The fat (and there would be but

little left, if the provision was so cooked as that the Men had the benefit, as they ought, of the whole of

it) being a part of the Mens ration, should be disposed of for their advantage, and the produce

appropriated in the purchase of little comforts Tea, Sugar etc. for such occasional invalids as may not be

sufficiently such to require the Hospital. In the original Classification, the subdivisions would be into

messes - these

[Page 125]

these messes then should never be more than twelve Men – To each mess there should be a Man

appointed, selected from the old and infirm who are unfit to go out to labour. In his charge there should

be placed for each Man, a Knife, Fork, Wooden Spoon & Trencher. In each Ward there should be a long

table with Benches upon which it should be the duty of the Mess Wardsman to place the above utensils

for each Man of their respective messes - to collect them as soon as the Dinners are over – to count them

& be responsible for their forthcoming, or to point out any defaulters; upon whom solitary confinement

upon Bread & Water, should be the punishment of the first offence of injuring or making away with any

of the mess Articles - For a second offence the Tread Mill – But if the Superintendent did his duty, if his

whole time was, as it ought to be, devoted to his office, if he was present at his post only as many hours

in each day as is either His Excellency or yourself at yours, all would soon go on with ease regularity.

The gang who are employed at such a distance from the Barrack, as that it is more convenient to send

their food out to them, than to march them back to it, could be attended to, exactly in the same manner –

There are abundance of old & infirm men, or man to whom it would be an indulgence, & by them so

considered to employ as mess Wardsmen. They would have of course to keep the mess utensils clean&

in good order, and to report all defaulters, the unavoidable accidents of “wear & tear” & to receive the

necessary substitutions in such cases.

Clothing - The greatest attention should be paid to the Clothing – In no case should men be seen in rags

or half-naked nor without Shoes or Shirts – At Sydney in General Macquarie’s Time, there was very

useful employees whose duty it was, under the Superintendent, to see to the Clothing. (The Overseer of

each Gang was responsible for common care & attention on the part of the Men) and who reported all

irregularities to the Clothing Wardsman – To see that every Man had a clean & whole




[Page 126]

whole shirt on, twice a week, that the washermen who were again a Gang employed in the Barrack

expressly for that duty, washed the Shirts well, & carefully; to give out the clean & receive the dirty

shirts – so also as to the Shoes – there was a Gang Shoemaker employed in the Barrack, by whom the

Shoes are kept constantly in repair – It would occupy too much of your valuable time to go into details, -

but should my suggestions appear worthy your further attention I shall feel highly gratified by receiving

an intimation to that effect. –

Lodging - This a most important head – It is highly necessary that if a proper amount of labour is to be

performed, that the men should have every means of procuring repose consistent with their situation.

There is no doubt but that the best possible bed for these men is a Hammock, a Blanket & Rug in

Summer & an additional Blanket in Winter. There would be no difficulty in so fitting up the Sleeping

Wards as that Hammocks might be slung on for each Man. The horrible atrocities consequent upon

shutting up large numbers of Men in a room, who sleep in Berths, (as they are called) or on the floor, all,

as it were, in one bed, cannot be described now by a British Gentleman, such as yourself, perhaps

imagined – but that they do exist is unhappily too certain - The Hammock system & the subdivision of

Wards, so as that they should not contain too many men is the best prevention for this. By it also

cleanliness is better preserved & vermin less produced – Here also a proper number of Bed Wardsmen

should have the charge of the Hammocks; To whom (assisted by the Mess Wardsmen) each man should

deliver his bedding & by whom it should be exposed to the Sun and air, every day, in the Barrack Yard,

during the morning absence of the Men at labour - It frequently happens that the Men return wet through

in bad weather - In all such cases, as they have but one suit of Clothing, fires should be provided in

some appropriate place, so as that they might go to bed dry, & when they rise to labour in the morning

not to have to put on wet clothes, the evil effect of which is too evident to require notice – It

[Page 127]

It may be objected that the number of Men thus employed as Wardsmen would abstract too many from

labour. This objection should not obtain for a moment – nor would it in fact exist – Because to say

nothing of the infinite satisfaction, which I am well convinced both His Excellency & yourself would

desire from knowing, that you had bestowed comparative happiness upon a numerous body of human

creatures – there would be such an increase in the actual amount of labour performed as would

abundantly compensate for the extra employment of dozen or two of old infirm and unused-to-labour

prisoners, who could not be in any way so well employed as in the duties above described.

Labour. If the Men are subjected to a system such as the preceding is intended to develope, the labour

which they could & would perform, would be treble at least to what it is at present - If Men are

sufficiently fed, and with decency & decorum, if these personal comforts as to clothing & lodging are

moderately attended to, if they find they neither have, nor can have, any thing to complain of, they not

only will perform infinitely more labour than at present is ever extracted from them, but they will also do

so with cheerfulness & gratitude & punishments will proportionately disappear. I am aware that the

material of which these men are compared generally, are indeed bad enough; But they are rendered

much worse by the want of system – If Men, be they ever so abandoned be treated in a manner

approximating, indeed much worse than is bestowed upon the Brute creation, the demoralization

consequent thereon, must tend, infinitely to exceed any, be it what it may, which before existed – I can

assure you from my own knowledge that the kind-hearted [indecipherable] of Mr OConnor to the Men

under his immediate eye, which although from his delicacy (probably a false one) in not interfering with

other departments, could only be available, as far as the intention exhibited it, yet thereby many men

have been prevented from committing Crimes, which otherwise their sense of the impossibility of

deteriorating their conditions would have hurried them into - The treatment of the Men by the Overseers

should be watched by the most jealous attention – An intermediate




[Page 128]

office is much wanted between the Overseers & the Superintendent. To adapt military cavalry

Phraseology a sort of Troop Sergt. Major, who should have the whole of the non Commissioned Officers

( the overseers) of a certain division of men under his authority. All complaints of the overseers against

the men should be made to this individual, by him examined in the first instance, if accepted by him

reported to the Superintendent – no man should be punished on the complaint of an overseer until it was

borne out by evidence if not direct, at least collateral. I could bring under your notice numerous proven

instances of good men who have absconded, and from crime to crime, ended a wretched life upon the

scaffold owing originally to the persecution of the overseer & the general feeling which prevailed

that accusation by such, and punishment, were ignominious. It wd. be a matter measure of Policy to get

rid of that impression among the men, and nothing can so effectively do so, as the establishment of the

Superintend referred to, & possible order from His Excellency that the Magistrate should devote the

most scrupulous care & attention in the investigation of all charges made by the Overseers against

the men. You may rest assured that there are Overseers who obtain large sums by holding out (in terror)

threats of causing men under them to be punished, who they believe have either money, or friends from

whom they can obtain it, and who if that resource fails, have absolutely committed Robberies to meet

these abominable exactions. No clerk in the Barrack should have it in his power to confer favours, to

add to, or alleviate punishment , or better the condition of any man. If the Superintd. does his duty, as it

ought to be done, such would be impossible. But if the favour of the clerk should become the pass to

higher favour, the very worst consequence must ensure. Of such importance do I consider the necessity

of establishing a decided conviction amongst the men, that they are secured from oppression in all cases

from their overseers (and I have much experience at Sydney during the five years I held the office of

Supt. of Police, & believe I am of the few to whom the Commissr. of Enquiry in his

[Page 129]

Printed Report speaks without censure) that whenever a decided prejudice was known to exist for any

length of time against such, his removal elsewhere, where he was unknown, should follow. There are

some individuals now employed as to whom a great terror prevails amongst the men. I could name one

in particular to your private ear, against whom so strong is the prejudice that the men employed under

him are considered by others to be the very worst situated in the whole Colony.

I have now brought under your notice the heads of the difficult subjects upon which I[indecipherable] to

think improvement might be effected. In the wish to avail myself of your permission to do so, I have

written hastily & undigestedly. I trust to receive your forgiveness for whatever may not obtain your

sanction, & I shall be most happy to enter into further details & explanations, should you consider that

any such can be useful. I hope I need not add that this communication being intended for your private

consideration, the knowledge of the favour conferred on me by being permitted to make it, is preserved

entirely to myself.

I have the honour to subscribe myself

Sir

Your most respectfl. Servt.

R.L. Murray

Dynagrove

June 7th, 1830

to J. Burnett Esq.

Col. Secy. etc. etc. etc.




[Page 130]

Mr. Murray’s letter

to Mr. Burnett

7 June 30

[Page131]

Mr. Murray having called & personally represented to me what he considered the [indecipherable]

arising from the present system of Lodging, Feeding, & Clothing the Convicts in the Penitentiary, &

being myself perfectly aware that there still exists room for improvement, & knowing that it was much

easier to point out what is defective than to apply a remedy for it. I requested him to send me in writing

any suggestions which might occur to him for that purpose – This letter is the result & there are some

parts of it wh. appear to me to be deserving of His Excellence’s serious consideration.

JB 9 June 30

I am extremely concerned to pursue this letter on no account whatever wold. I wish to write first on

suggestions, much less the Reflections of such a person as the writer upon any Branch of the Govt. –

especially in a communication of this kind to wm. he has given the air of privacy.

I [indecipherable] with every [indecipherable]to do him justice to any application from Mr. Murray, but I

shall not be averse to taking suggestions from him, & [indecipherable] the correspondence may drop –

14 June 30.

[indecipherable]

[Page 132[

“Elphinstone”. Monday the 20th June 1836

Sir,

I have the honour to receive your letter of the 17th instant, in which I am

requested to state, for the information of His Excellency the Lieutenant Governor, the view I entertain of

the conduct and character, manifested during the voyage from England, of seventeen of the Prisoners

debarked from the “Elphinstone” with a prospect of adoption of certain measures in reference to them, as

being subjected by the Secretary of State, to hard labour in the Public Works.

Probably in no way can I meet the views of His Excellency more

satisfactorily than by furnishing you, in the first place, with a copy of the behaviour of the men in

question

To, John Montagu Esqre.

etc etc etc

Colonial Secretary

Colonial Secretarys Office

Hobart Town




[Page 133]

question, written previously to my acquaintance with the punishment awaiting them, and by dividing

them into classes, and subjoining my remarks in each class.

The following is a copy of my previous Report

Name

Reported Behaviour on Board

William Wards

Uniformly unexceptional – useful as Captain of Deck

Alexander Richards

The same – useful as 2nd Captain

John Smith

The same – useful as Captn. of Deck

Isaac Chaffer

Conduct always superior; diligent behaviour – useful as captain of Main

wards

David Robson

Uniformly unexceptional and satisfactory – very useful as Teacher

William Blackmore

Uniformly good and highly satisfactory – a diligent scholar

Patrick Nugent

The same

David Williams

Uniformly good; useful as a teacher

William Broadly

Uniformly good : quite exemplary – successful scholar

William Smith

Uniformly superior; very useful as a Teacher

James Crawley

Conduct always good – very useful in Watching the sick; somewhat warm

in temper

William Hudgell

Extremely ignorant; obstinate and abusive in his language said to have

latterly somewhat improved

[Page 134]

Name

Reported Behaviour on board

William Atkins

Conduct always good; attentive at School

James Mc Mahon

Conduct always good; diligent scholar

Richard Williams

Conduct very good; successful scholar

Peter Ross

Conduct very good ; exceedingly useful in hospital as an attendant to the

sick

Samuel Jones

conduct uniformly good ; useful as a cook; diligent scholar




Shall now divide the men into the following classes:-

First Class

Name

Remarks

William Ward

John Smith

Isaac Chaffer

David Robson

William Blackmore

Patrick Nugent

David Williams

William Bradley

William Smith

Fourteen of these unhappy prisoners, it will be observed, are embraced in

first class of the behaviour of the whole of them as far as my observation

and that of my Petty Officers went, it is not easy to speak too highly and I

fear offering my remarks on any of them individually lest any injurious

reflections should by implication be

[Page 135]

Name Remarks

William Atkins

James McMahon

Richard Williams

Peter Ross

Samuel Jones

thrown upon the rest.

Of the reformation in heart of any of them, in the Scriptural sense of the

expression, I cannot speak with confidence.

But regarding them as men of the World; and as men whose minds are

more or less under the influence of Divine Truth, their conduct, I must

consider, as having been of a superior character.

Second Class

Name Remarks

Alexander Richards

James Crawley

Alexander Richards, up to the period at which my former Report of his

conduct was written, appeared to deserve all I said concerning him

[Page 136]

him. But it has been communicated to me since, that during my illness

towards the termination of the voyage, there appeared a visible falling off

as it respects the conscientious discharge of his duty. Still his behaviour

has been equal, if not superior, to that of the generality of men, I mean free

men, in his class of society, whose minds are not influenced by the

Scriptural fear of God.

James Crawley is chargeable with one unbecoming Manifestation of

temper, and tendency to retaliation on his being falsely accused by the

Boatswain of the Ship. - In all other respects his conduct was highly

satisfactory:

Third Class

Name Remarks

William Hudgell This man I could make nothing

[Page 137]




nothing of his character as already reported, is chiefly drawn

from the statements of my Petty Officers, which statements I believe to

be correct. His ignorance, apparent regardlessness of useful knowledge,

and almost total want of success at school, have come under my own

observation.

In closing this report, I must beg leave to express my ardent hope that

His Excellency the Lieutenant Governor, will feel himself warranted

speedily to extend to these seventeen men, all the privileges of the other

well conducted Prisoners: and that he will be enabled to make successful

exertions with the Government at home to direct that the present mode of

pursuing Convicts for Crimes committed in England, with

[Page 138]

with punishments superadded to the Severe Infliction of

Transportation, may be discontinued, that all Prisoners on arriving on

these shores, may, in future, be encouraged to commence a new and

happy course of Life, and thus become not only safe, but useful

members of the Community.

I have the honour to be

etc etc etc

(signed) John Arnott Browning M.D.

Late Surgeon Superintendent

Elphinstone Convict Ship

[Page 139]

Copy

No. 95

[indecipherable]

Government House

23 Septr. 1836

My Lord

I I have the honor to transmit for your Lordships perusal, the Report of a Board of Medical

Officers who were instructed to examine into and report upon the amount of Sickness

in the Lord Lynedoch Convict Ship as compared with former reports; - its causes, and the means best

adapted for future Prevention especially with reference to the propriety of transports

Right Honble.

Lord Glenelg

[Page 140]

Transports touching at any Port on their outward voyage.

The Lord Lyndoch arrived on the 20th August last. It was stated that there had been during the voyage,

not less than seven deaths, - that several of the Convicts were labouring under Scurvy, such that the

Sickness had been considerable.

On the fourth day after her arrival the Surgeon Supt. represented (as your Lordship will perceive from

the accompanying letter addressed to the Colonial Secretary) that within the first fortnight after sailing

three of the Prisoners died and

[Page 141]




and several more were very sickly, arising principally from a few of those who were sent from the

“Fortitude Hulk at Chatham being in a bad state of health when they embarked and that another

circumstance effecting the health of the Prisoners towards the Latter and of the Passage has been the

want of warm clothing – the clothes with which they were supplied on leaving England being of a very

inferior quality, and nearly warn out by the time they had passed the Cape of Good Hope” – So much

“So much” Mr Lawrence

[Page 142]

Lawrence observed “did the weakly and the old and infirm Prisoners feel the cold that nothing but

absolute force could make them go on Deck”

Under these circumstances Your Lordship will concur with me in the opinion that enquiry was necessary

– I trust the result of the investigation of the Board will be satisfactory to your Lordship and I beg

particularly to recommend to your attention the very lucid statements contained in the letter of Dr

Browning, Late

[Page 143]

Late Surgeon Supt. of the “Elphinstone” which is annexed to the proceedings of the Board.

The Board Your Lordship will perceive appear to be of opinion that there was no extraordinary sickness

on board the Lyndoch and they observe that any Sickness that occurred on board was principally during

the prevalence of cold and damp weather at the commencement and towards the termination of the

voyage.

It is however rather extraordinary that the total number upon the Surgeons Sick List (amongst

[Page 144]

(amongst the Prisoners) was not less than one hundred and thirty eight far exceeding that in any of the

numerous reports (with the exception of two) particularized in the Admiralty Return No. 3 of the 7th.

October 1835 accompanying Sir William Burnetts letter of the same date which was transmitted to me as

an enclosure in Your Lordships Despatch of the 30th Nov. 1835 No. 89 –

The two reports in which there appears from the Return to have been a still greater amount of sickness

were

[Page 145]

the “William Metcalfe” and “Aurora”, in wh. the number of sick were 142 and 175 respectively and it is

worthy of remark (with reference to the intention that Transports shall henceforth sail in Summer only)

that these vessels sailed from England and arrived in this Colony at apparently very desirable periods

whereas the “Moffatt” which left England in November, the commencement of winter and arrived in

Van Diemans Land in May also the commencement of winter in this Hemisphere appears

[Page 146]

appears notwithstanding her voyage was protracted to six months, and the large numbers of convicts 431

on board to have had a sick list of 16 only -

I mention this not with a view of casting any doubt upon the propriety of fixing the period for the sailing

of vessels so as to ensure as far as can be the most favourable weather but to suggest to Your Lordship

the possible expediting of further enquiry into the causes of unexpected and dissimilar an apparent result

[Page 147]

result.

This remarkable also on the other hand that notwithstanding the vast disproportion between the Sick list

of the Moffatt and that of the Lyndoch the absolute number of deaths in each were very nearly the same




there were sixteen cases of sickness and six deaths on board the Moffatt and 135 cases of sickness and

seven deaths in the Lyndoch in the first presenting a proportion of about one death to three cases of

sickness, and in the latter

[Page 148]

latter about 1 death to 19 cases of sickness – The totals of the columns in Sir William Burnetts return

shewing the extent of sickness and of mortality give the proportion of 313 to 47 or about 6 to 1 - It

would be interesting and probably of great practical importance to trace the causes of the excess of cases

of sickness not fatal in the Lyndoch although my own impression is that the diversity will be

found rather to have arisen from the different modes adopted

[Page 149]

adopted by different Surgeons in making their returns, - or perhaps in some instances from one Surgeon

thinking a case too unimportant to record which another would carefully minute! –

That the extreme discrepancy here noticed has existed rather in appearances than in reality may however

be further inferred from the circumstance that in the Returns the Arab & the Surrey are shown to have

had only 7 and 22 cases of sickness respectively although

[Page 150]

although in the letter from Dr Browning the admission will be found that these vessels which were under

his own charge were less healthy than the Lyndoch! –

I submit to your Lordship that a uniform system of reporting from which deductions that can be relied on

may be drawn seems to me most important in furtherance of this branch of the penal system. –

With regard to the measures to be adopted for the diminution of sickness

[Page 151]

I would only add that the question is one to which amongst others connected with the grand national

object of transportation I have devoted a great deal of attention. –

With a view to the acquiring of information I have examined the whole of the prisoners on the

arrival of each vessel, with one single exception for the long period of between 12 and 13 years and I am

decidedly of the opinion in accordance with that of the Colonial

[Page 152]

Colonial Surgeon that a Transport touching at any port is highly objectionable and I may state in proof of

its inutility that I have remarked that prisoners on board vessels that have put in at intermediate ports

have not appeared to derive any advantages from it.

The immediate relief is I presume counterbalanced as is argued by Dr Scott by the prolongation of the

voyage and the intended effects will it appears to me be obtained at much less expense by

[Page 153]

the avoidance of overcrowding – by increased attention to diet – by providing substitute Articles so as to

admit of changes of diet and by warm Clothing – Such appears to me to be the best means of preserving

prisoners in a state of health during the voyage to this Colony. It is also evident that persons already

labouring under disease should never be subjected to the hardships of a voyage – It only remains for me

to add that the Surgeon Superintendent, Mr Lawrence appears

[Page 154]

appears to have exerted himself very meritoriously for the welfare of the prisoners under his charge and

that it appears to be of very great importance to the health of convicts during the voyage that their minds

should be beneficially exercised in the acquisition of religious knowledge – a course of instruction while




it tends to remove despondency and therefore the prisoners health, seems to be peculiarly

[Page 155]

peculiarly well timed in the cases of individuals exiled by their crimes from their entire country and

about to become constituent parts of a new Society.

I have the honour to be [indecipherable] Geor [indecipherable]

[Page 156]

Copy of Despatch

No. 95

Van Diemens Land

23rd September 1836

Lieutt Govr. Arthur

1 enclosure

Transmitting the report of the Medical Boards directed to enquire into the sickness amongst the convicts

on board the Lord Lyndoch during their passage to the Colony.

[Page 157]

Memm - from Major of Brigade n.d.

The Prisoners that escaped from the Chain Gang were not at the time under the charge of the guard.- The

Corporal (as is usual) marched the Sick Men to the Penitentiary, and gave them over to Mr Gunn –

On this occasion the Corpl took three and he heard afterwards that two of them had escaped. – R.I. –

[Page 158]

Major of Brigade

At the time the Prisoners escaped from the Chain Gang they were not under the charge of the Guard.

Convicts

[upside down] Charles Arthur Esq-r

[indecipherable]

Major of Brigade

[Page 159]

n.d.

A List of Persons sentenced to be transported, and recommended by John Pearse Esq.. M.P. because their

families resided in his neighbourhood tried at,

No. Name Age

Salisbury

1 David Gee 18

2 Worthy Gee 20

3 Jeremiah [indecipherable] 16

4 Joseph Watts 25

5 Thomas Laurence 18

6 John Thorne 23

From Ramsbury tried

at Salisbury

7 Joseph Liddiara 23




8 - Alexander 21

9 Mathias Alexander 19

10 - Pounds 18

11 William Taylor 45

12 David Heath 26

13 Edward Looker 18

14 - Viv [indecipherable] 24

15 John Vankins 21

Reading

16 John Aldridge 39

17 Charles Green 24

18 Israel Pullen 47

19 John Field 25

20 Jeremiah Dobson 22

21 William Chitter 21

22 Thomas Brind 37

23 George Rosier 34

24 Charles Rosier 25

25 Joseph Tuck 27

26 David Yarlott 27

P.T.O.

[Page 160]

A List of Persons sentenced to be transported, and recommended by Joseph Cripps Esq.r MP. because

their families resided in his neighbourhood tried at the

No. Name Age

Gloucester Epiphany

General Quarter Sessions

27 John Stancombe 22

28 Thomas Bishop 28

29 Samuel Seal 32

30 James Silk 30

31 Joseph Edgington 42

32 Worthy Mana 22

33 Robert Ball 22

34 John Poole 28

35 Edward Mustre 29

37 William Jeffries 20

38 John Hunt 20

39 William Witchell 40

40 Thomas Smith 28

41 Richard Benwell 21

42 Henry Eldrige 22

43 William Spender 21

44 James Edgeworth 28

45 Christopher Porting 43

46 John Mitchell 25

47 Robert Cowley 24

48 Thomas Weaving 30

49 Benjamin Timbril 25

50 Elizabeth Parker 23




[Page 161]

2 Sep.-Oct- 1836

Van Diemen’s Land

Case of Greenwood (a convict) 1834-6

[Page 162]

Papers in Mr Mason’s case

[Page 163]

1834?

re Greenwood case at Hobart Town

Col Arthurs land

Incident illustrative of Col Arthurs Government.-

The case of Joseph Greenwood.

Joseph Greenwood as Convict in the Gov.t gangs at Hobart Town absconded and committed a theft at

the last New Town races. Upon his being recognized, he made off from the course & on the constabulary

trying to apprehend him, he wounded one of their number. – For the act of absconding he was taken

before Mr Mason, JP formerly a shopman in London a nominee of Col. Arthur, a man singularly unfitted

by nature & education for the Magistracy & sentenced by him to receive 100 lashes

[Page 164]

lashes – The Magistrate told him at the same time that he was committed to take his trial for wounding

the Peace Officer, adding “that he wod be hanged.”

The sentence was inflicted, & the man was taken from the triangles to the Criminal Court, tried for

maiming the Constable found guilty by a Commission of 7 [indecipherable] officers & was sentenced to

death. –

Greenwoods back not being recovered from the scourging, he was reprieved by the govr for a short

period to allow it to heal – He was then led out to execution, but whatever was the cause it excited a

degree of horror among the spectators to observe that it was

[Page 165]

still unhealed. –

As all punishment, on Christian principles is intended to warn and deter the punishment of this man

twice for the same offence, seems to be gratuitous & then comes the question what is gratuitous

punishment.

We leave Mr Justice Mason who ordered the flogging & Col Arthur who ordered the execution to reply.

G S Hall [indecipherable] [indecipherable] Sydney

[Page 166]

Copy of placard

Greenwood

[Page 167]




Papers relating to the case of Greenwood.-

[Page 168]

7th June

6 p.m.

My dear Sir

I think it right to send you the within – in order that Colonel Arthur may know what is doing –

Copies of the within villainous libel are such to hand Lord Glenelg. I suppose as Mr Bryan’s Patron – to

Mr [indecipherable] of Col. Office. [indecipherable] Brebach & Mr W. Bryan.

Yrs. very truly,

A Turnball, Esq. [indecipherable]

[Page 169]

Copy

No.90

Memorandum

10th April 1834 – The case of the man Greenwood, who on the New Town race course committed a

capital offence, for which sentence of death has since been passed upon him, was yesterday considered

in the Executive Council.- It appears that previous to committing this offence Greenwood had

absconded, and that after his capture, he was tried for this summarily, and received 100 lashes previous

to any investigation being made as to the crime for which he afterwards stood his trial –

The Colonial Secretary

&c &c &c

[Page 170]

his trial, in the Supreme Court.

Inform the Magistrates who presided on the occasion, that while it is my anxious wish to support them in

their legal authority, and while I give them every credit for having acted with the intention of putting

down by decisive measures, the absconding which have of late been so frequent, and while it is my wish

to interfere as little as possible, in matters purely judicial, I think it right to observe that I have heard with

regret of the summary proceedings in Greenwood’s Case, and that I trust

[Page 171]

trust there will not again be brought under my notice a repetition of a course, which, however legal, is

liable to the imputation of perhaps unnecessary severity. –

Such an observation would not, however, have applied, had Greenwood been acquitted of the capital

charge, and afterwards been punished for the minor offence of absconding.

(signed) G. H.

a True copy

John Montagu

12th September 1836




[Page 172]

Copy

Colonial Secretary’s Office

15th April 1834

Gentlemen

With reference to the case of Joseph Greenwood, recently convicted before the Supreme Court of a

Capital Offence committed on the Race Course at New Town, for which sentence of Death has been

passed upon him, I am directed by the Lieutenant Governor to inform you that it having appeared on the

consideration of the Judges Report in the Executive Council, that this man had been previously

summarily tried and punished by you with

Josiah Spoke Esq. J.P. &

Thomas Mason Esq. J.P

[Page 173]

with 100 lashes for the minor offence of absconding, without any investigation of the Capital Offence for

which he was afterwards tried in the Supreme Court, His Excellency, although extremely desirous to

support you in the exercise of your legal Authority, and giving you every credit for having acted in this

instance with the desire of suppressing by decisive measures, the crime of absconding which has of late

been so frequent, and being upon all occasions anxious to interfere as little as possible in matters purely

of a judicial nature, nevertheless His Excellency cannot forbear to observe that he

[Page 174]

he has heard of your summary proceedings with much regret, in this case, and trusts that a course which,

however legal, is liable to the imputation of unnecessary severity will not again be resorted to.

I am directed however to add that had Greenwood been in the first instance tried and acquitted of the

Capital offence the same objection against his punishment for the minor offence would not have existed.

I have etc

J Burnett

a true copy

John Montagu

12th September 1835.

[Page 175]

Copy

Davey Street

6th July 1835

Sir,

I have to acknowledge the receipt of your communication made to me by desire of the Lieutenant

Governor, drawing my attention to certain very exaggerated representations which have appeared in

some English Newspapers, respecting the case of Joseph Greenwood, and desiring me to prepare a full

report of that case for the information of His Majesty’s Government.

2. It appears that Joseph Greenwood





[Page 176]

Greenwood was a runaway convict from a Chain Gang; and that he was recognised, and finally

apprehended, by a Constable named Thomas Terry, on the 17th March, 1834. In the attempt to apprehend

the Prisoner this Constable was assaulted by Greenwood in the most ferocious and desperate manner. In

fact a more brutal attack I scarcely remember to have heard of. It was also as wanton, and as useless to

the Prisoner, if escape could have been his object as it was premeditated. There were other Constables at

hand, besides three or four individuals on horseback, by some

[Page 177]

some of whom the prisoner must have known that he would inevitably have been taken. But his motive

seemed to have been revenge on Terry, for having been the first to pursue him.

3. It appears that the offence of absconding had about this time very much increased, and that the

absentees thus at large had, in frequent instances, ended their career by the commission of some felony,

for the express purpose of being tried for that crime only, hoping thereby the avoid punishment for their

previous offence - of

[Page 178]

of absconding, altogether.

4. On the 18th March, Greenwood was brought up before Mr Mason and Mr Spode at the Police Office,

and tried for the offence of absconding; and was, for that Offence, sentenced by those Magistrates to

receive a punishment of 100 lashes. This sentence was carried into effect; and I believe immediately.

5. It has been sworn by two persons, Clerks in a Banking house, and whose character for veracity there is

no reason to impeach, that, immediately after the announcement of this

[Page 179]

this sentence to Greenwood, one of the Magistrates said that the Prisoner should then be handed over to

the Chief Police Magistrate, on the capital charge of stabbing, and that he (the Magistrate) had no doubt

the Prisoner would be hanged. The Magistrate, however, to whom that observation is attributed, has no

recollection of having made it, and the other Magistrate, Mr Spode, who is expressly stated to have been

present at the time, has sworn that he is convinced no words to that effect were used. He says that he is

sure

[Page 180]

sure they were at all events not used, immediately after the sentence; and he states that he heard none

such, at any time. One thing is, at least, beyond dispute; at the same time of the passing of that sentence,

there was no other charge against Greenwood preferred.

No information as to the assault on Terry, was made until the next day.

6. The fact is that Mr Mason, the Brother Magistrate of Mr Spode on this occasion, happens to be

personally obnoxious to the lower classes in this Town, and he was peculiarly so, to the

[Page 181]

the conductors of those two newspapers here, from which the statements in the London papers have been

copied. By these degraded persons, that Gentleman has ever since been in this Colony, exposed to abuse

and insult, whilst his Colleague Mr Spode, whose character for humanity and integrity is acknowledged

even by them has been completely lost sight of in the transaction.

7. I confess that this strikes me as being remarkable. I am not called upon to offer an opinion, as to the

expediency of the course pursued in




[Page 182]

in this casse; but if one of these Magistrates be to blame the other is equally so. I am sure, however, that

Mr Spodes motives, and Mr Masons, were the same, both Gentlemen were, no doubt, as Mr Mason has

on Oath declared that he himself was “influenced only by a desire “to put a stop to the rapidly

“increasing offence of absconding, “and to the frequent recurrence “of felonies committed for the

“purpose of avoiding the “punishment for absconding.”

As to the legality of the punishment, under such circumstances, there can be no question, and I

[Page 183]

I understand, that, with men of the class and stamp of Greenwood, unfortunately, no punishment but

flogging is found to be effectual.

8. It has been represented that, at the time of Greenwood’s subsequent trial, and up to that of his

execution, he suffered severely from his previous punishment. I made every enquiry personally,

respecting this fact, as soon as I saw it stated. I have no doubt that the prisoner may have suffered much

pain for several days after the infliction of that punishment, but, that he

[Page 184]

he suffered much from this cause afterwards, I do not, from the statements made to me, believe. I feel as

much distressed, at the idea of the man’s having been punished, as I think any other Individual can. Nor

does one feel regret the less, because, considering the desperate and ferocious nature of convict

runaways, so severe an example may have been at the time actually necessary. But there is no good

feeling, there is neither humanity, nor justice, in exaggeration, in a case of this kind, and I am happy in

[Page 185]

in being enabled to say that the statements of the Press on this head are really untrue.

9. It has been seen, that on the 18th March, Greenwood was tried and punished for absconding. On the

19th he was detained on the charge of stabbing; but the case was not entered into, until the 26th. The

Constable was in fact, even then, in the Hospital, scarcely able to give his evidence. On the next day

Greenwood was fully committed. On the 3rd April he was tried in the Supreme Court; and convicted.

And on the 16th of

[Page 186]

of the same Month, 28 days after his previous punishment, he was executed.

10. The evidence given at the trial will be found in the notes of the Judge, and the depositions now

transmitted. Constable Terry’s description of his wounds, two or three of which then remained unhealed,

and bandaged, comprised a Catalogue, which I am sure, that no one heard without shuddering. His upper

lip, had been almost severed from the face. It was penetrated nearly through, from one cheek to the other.

There were

[Page 187]

were a Gash under his arm; a cut on the face; another on the shoulder; a stab on his right side; and two

more stabs on his left side; one, immediately over the heart. In fact the prisoner had done his utmost to

murder the man. He more than once said, that he should rip him open. Terry fell, exhausted by loss of

blood; and another Constable named Fitzpatrick, who came up at the time, was then attacked in a similar

manner. Greenwood succeeded in inflicting several wounds on this second constable




[Page 188]

constable; but of a less severe nature than those inflicted on Terry. He was then apprehended at the

Police Office, the Prisoner retained the same savage demeanor. He there told Fitzpatrick that he was

sorry the steel was not long enough.

11. The several facts detailed in this Report are supported by the papers herewith transmitted, to some of

which I have already referred.

I am etc. etc.

(sd.) Alfred Stephen

a true copy

John Montagu

[Page 189]

Attorney General

6th July 1835

Report upon the case of “Joseph Greenwood” a Convict.

[Page 190]

Received: Colonial Secretary’s Office

April 3, 1835

[indecipherable]

30/4/35

Police Office Hobart

3 April 1835

Sir

With reference to my letter of the 12th ultimo, I have the honor to enclose a publication which has been

distributed about this Town and which I have every reason to believe was printed in Mr Bents office

although no proof of the fact can be obtained, and I transmit this, as an additional reason why convict

printers, forest men, etc. should not be assigned to


[Page 191]

to proprietors of papers, who are in the habit of publishing articles of the description of the enclosed.

I have the honor to be Sir

Your very obedient humble servant.

[indecipherable]

[Page 192]

Ex: Council – but the subject being of such interest & to be viewed in various lights I wish this letter to

be circulated to the Members of Council - 13 March

[indecipherable] Council

30/4/35

Police Office Hobart

12 the March 1835




Sir

With reference to the part of the public press of this Colony, I request to bring under the notice of the

Government the great injury done to prison discipline by permitting Convict Printers, press men, and

Compositors, to be assigned to those persons, who are in the habit of disseminating the vilest sedition

and abuse of The Government –

I can assure His Excellency that I have no personal motive


[Page 193]

motive in making this representation, but I am of opinion that a very great injury accrued from Convicts

being employed covertly in attacking every institution which men have been taught to respect, and every

private Character of Estimation in Society –

I would besides submit that The Government order No. 41 under date 9th July 1828 is at present directly

– eroded

I have the honor to be

Sir Your very obedient

humble Servant

[indecipherable]

[Page 194

The Clerk of the Council

John Montagu

13/3/35

recd. 9 April

actuated same day

[Page 195]

16863

[Page 196]

Recd. at Council

3/4/35

(Letter dated 1 May 1834, and Editor’s reply from the (London) Sunday Herald)

[Page 197]

Captn. Forster

3 rd April 1835

Enclosing a paper which has been circulated in

Hobart relative to Greenwood’s punishment.

This has been considered in Council, but before anything further is done, the Lieutenant Governor

wishes a return to be furnished showing the number and Police characters of the Convict Printers,

Pressmen & Compositors in assigned service in the Colony –

4th May 1835

[indecipherable]




[Page 198]

Copy of Memorandum furnished for the guidance of Mr Ross relative to the Case of Mr Mason

1 On the 17th March 1834 Prisoner of the Crown named Greenwood, who had absconded from the

Public Works and has remained absent about two months, was apprehended on the Race Course at New

Town - He resisted the Constables most violently and stabbed two of them- the one who was severely

cut about the face was seen by Mr Mason after the occurrence, as he was going off the Course.

2 The following day Greenwood was charged at the Police Office before Mr Spode and Mr Mason with

Absconding and sentenced to receive 100 Lashes - the Sentence was pronounced by Mr Mason - It

appears that the man behaved in a brutal and insulting manner before the Magistrates and declared his

regret that he had not

[Page 199]

killed the Constable who apprehended him - Mr Mason remonstrated with him upon his conduct and

warned him of the fact he might expect in the following words as they were proved in the Supreme Court

– “You are to receive 100 Lashes - I shall afterwards commit you for trial for cutting and maiming and

if you are convicted, I have no doubt you will be hanged” - Greenwood was fully committed for trial

about ten days afterwards on the capital charge and subsequently (I believe in May) convicted and

Executed

3 On the 26 or 27th May following a Libel up[on Mr Mason was published in the Colonial Newspaper,

which charged him, among other things, with having said to Greenwood on occasion of the trial, in

March – “You shall receive 100 Lashes and afterwards be hanged” About the 2nd June Mr

[Page 200]

Mason preferred an Information before the Chief Police Magistrate against the Editor Mr Thomas Allen

Lascelles for libel - on that occasion Mr Spode, the Magistrate who officiated with him in the Case, and

another witness both swore that they did not recollect hearing Mr Mason use any language of the kind

imputed to him – Mr Lascelles was held to Bail to answer the charge before the Supreme Court but two

or three months afterwards, having given up the author of the Libel Mr Gilbert Robertson, proceedings

against Mr Lascelles were relinquished

4 On or about the 31st August 1834 Mr mason commenced proceedings against Mr Robertson but the

Case failed before the Magistrate, in consequence of the original document having been altered by the

Publisher Mr Lascelles

5 Mr Mason denies that in either of those proceedings at the Police Office the Defendant put any

question to

[Page 201]

him as to the use of the words to Greenwood - although it is most probable that, had any question of the

kind been put, he would have denied using them, as to this hour he declares that he has not any

recollection of the fact –

6 Thus the matter rested until July 1835, two months subsequently to Mr Mason’s promotion to the

Police Magistracy of New Norfolk – about the 11th of that month an assigned servant of Mr Lascelles,

(who then resided in that District) was brought before Mr Mason by a Division Constable on a charge

which involved a breach of the Government Regulations on the part of his master – Mr Lascelles was

summoned to appear but being absent from New Norfolk, his wife attended and, at her request, the

hearing of the Case was postponed until the arrival of




[Page 202]

Mr Lascelles –

7 On the evening of the 15th July Mr Lascelles returned home and while Mr Mason was walking in the

public road in company with Mr [indecipherable] a Civil and Session Judge in India, Mr Lascelles came

up to him in an excited and menacing manner and said “I shall not suffer the Case of my Servant to be

enquired into tomorrow unless another Magistrate be present - You have committed wilful and corrupt

perjury in the case of Greenwood and I’m go to town and prosecute you for it” - For this conduct Mr

Lascelles was ordered by a Bench of Magistrates to enter into Sureties to the extent of £160 for his good

behaviour for twelve months

8 Mr Mason reported to the Government the conduct of Mr Lascelles, who is a Justice of the Peace - In

his defence Mr Lascelles renewed the charge of Perjury - Some weeks afterwards

[Page 203]

Mr Lascelles’ complaint against Mr Mason for depriving him of his assigned Servant was heard in the

Executive Council and Mr Mason received a letter from the Head of his Department communicating the

Lieutenant Governor’s entire approbation of his conduct in the matter and forbearance towards Mr

Lascelles

9 It was then intimated to Mr Mason by the Government that he must take legal measures against Mr

Lascelles to clear his character from the imputations cast upon it - An action was commenced which

however was not heard until the month of December 1835 - During the intervening period the Radical

Press incessantly toiled to create a prejudice on the mind of the Public against Mr Mason – The

Defendant put in a Plea of Justification and after sitting six hours, nine Jurors in a

[Page 204]

Verdict of /n Damages and decided in favour of the Defendant or the Plea of Justification - This Verdict

has since been declared by the Judges to be contrary to the evidence

10 Upon this result Mr Mason applied for and obtained leave of absence - In April 1836 a new trial

was granted and on the 13th May the Plaintiff obtained a Verdict of 39/ Damages, accompanied by the

following observation – “The Jury are desirous of accompanying this verdict with the expression of their

full Conviction that the charge of Perjury imputed to the Plaintiff was wholly groundless” - upon this

result supported by the strongly expressed opinions of the two Judges, the Lieutenant Governor, with the

unanimous concurrence of the Executive Council, restored Mr Mason to the exercise of his office as

Police Magistrate

11 The Press continued to assail Mr

[Page 205]

Mason, and, as has been proved in evidence before the Council, so intimidated the Magistrates of the

District that not only have some declined altogether to act with him but even those who have done so,

have framed excuses for abstaining themselves from their duty - Capt. Armstrong one of the

Magistrates, having tendered his resignation of his Commission, Mr Mason requested the Government

on the 14th August last to require that gentleman to state openly his reasons for refusing to act - Capt.

Armstrong being thus called upon, preferred Charges against Mr Mason which, on the 8th Sept. were

investigated in the Executive Council and the result was a full and honorable acquittal of Mr Mason upon

all of them in the unanimous opinion of the Council - Capt. Armstrong refusing to abide by the decision




[Page 206]

of the Council, again tendered his resignation, which has been accepted

12 Immediately after the aspersions upon his character had been thus fully and finally removed Mr

Mason applied to the Government for permission to exchange situations with some officer in another

District with the view to putting an end to the excitement existing in the District of New Norfolk and to

relieve the Government from the embarrassment in which it was placed by the opposition of the

Magistrates

Thos: Mason

Hobart 19 Oct 1836

[Page 207]

Free Pardons

From 159 to 163 both inclusive waiting

165 waiting

168 [indecipherable]

From 190 to 229 inclusive [indecipherable]

Patrick Roach Has been in the Colony Seventeen Years employed in the

Service of Governt. in the Colonial Marine - is strongly

recommended by Capt. Kinghorne to be Port Officer –

Richd. Curreen Has been in the Colony upwards of six years – is strongly

recommended by the Port Officer and Principal Superintendent

to receive the indulgence of a Pardon, by an act of Grace, and

the [indecipherable] of the Lieut. Governor

Ralph Peel Do. Do.

Remissions in the two last cases have been granted according

to a usage which [indecipherable]

[Page 208]

Part of the Schedule of Free Pardons Advised

[Page 209]

1836?

Tried 14 July 1818 and is particularly recommended for his exertions in the Field

Life Police in the pursuit of Bushrangers.

224

James Smith ats Parnell Has been in the Colony 14 years has held a Conditionable Phoenix

Pardon 10 years and is very highly recommended

Tried 31 July 1821

Life

225

John Smallman Has been in the Colony 24 years has been charged with no

Indefatigable offence since his arrival, held a Ticket of Leave at the general Tried 10




August 1811 muster in 1824 and is very strongly recommended

Life

226

George Loveless Granted in obedience to the King’s Warrant enclosed in the

William Metcalf Secretary of States Despatch

Tried 14 March 1834

7 years

[Page 210]

227

Richard Curreen Has been in the Colony 6 years and this indulgence has Sir Charles Forbes

been conceded as an Act of Grace on the departure

Tried 22nd August 1829 of the Lieutenant Governor

14 years

228

Patrick Roach Has been in the Colony 17 years the observation in the

Hibernia preceding case applies to the present, the indulgence

Tried 27th July 1818 being granted on the same occasion

Life

229

Ralph Peel Has been in the Colony 6 years this indulgence has Prince Regent

been conceded in this case as in the preceding

Tried 27th February 1829 instances

14 years

[Page 211]

Principal Superintends. Office

24th November 1836

(in margin – John Bull 1778 per “York”)

Sir

In reply to your note of the 16th Instant, requesting me to report upon the conduct of the prisoner

named in the margin, I beg leave to enclose his Police character which shows a record of nine

offences since his arrival in the Colony, and three of them during the present year, for one of which

he was dismissed from the Police and sentenced to be worked twelve months at Spring Hill road

party, where he is now undergoing his punishment. His conduct therefore precludes me from saying

anything in his favour –

I have the honor to be

etc etc

(sd) J Spode

Prinl. Supt.


etc etc




[Page 212]

John Bull ) No 1778 Per York 2 Tried 27 March

arrvd. at VDL ) 1830 14 years

29 Oct1832 )

Trasp. for Felony Goal report Chargd. [indecipherable] bad relations respectable dispn. mild Hulk

report Good Stated his offence stole Lead and a brass wash hand basin Surgeons report tolerable.

July 6 1833 Curry Absent without leave & distb of order 40 lashes June 23 1834 Curry Stl. 2

bushels of wheat Comd. for trial at 2 [indecipherable] Acqd.

Septr. 22 1834 Rd Pty. Taking bread from a fellow prisoner 1 fortnt

in chains, Constbl Hill Rd Party vide Lt Gov descn 1 Oct 34 Jany 20 1835 [indecipherable] Absent

from his station going to the Barrks & offering a Razor for sale Cell 7 nights working by day

Augt 24 1835 Triffitly Absent witht leave & making a false statement for not mustering at

Church Cell 3 days on B & W Dec 9 1835 Triffitly Absent without leave Admd. March 18 1836

Constable Making a false statement Suspd from the Police March 22 1836 Conste Prevarication

Dismd the Police & dealt with as his Excy may think proper 12

[Page 213]

[indecipherable] probn Spring Hill Rd Party 7 kept to Barrow work vide Lt Govs decisn 31

March 1836 Augt 6 1836 Pld Making away with or disposing of his slop shoes Repd.

[Page 214]

28.10.36

to His Excellency

Colonel George Arthur

Lieutenant Governor

of the Island of VD Land

etc etc etc

May it please Your Excellency,

Your humble Petitioner was, together with his father,

Mother and Sister, tried at Nottingham in 1829, and your Petitioner together with his father,

arrived in this Colony per Bussorah Merchant in 1830.

Your Petitioner from the circumstances of his case

having before been laid before Your Excellency, ventured to crave permission of your

Excellency to plead in his own person on his behalf, and begs humbly to represent that he has

reason to believe that a mitigation of sentence with reference to him has

[ page 215]

has been refused, but as your Petitioner is unaware of its contents could Your Excellency, in

your goodness and humanity will bestow upon his case

Your Excellency’s further consideration and gracious aid.

Your Petitioner’s Father who was aged 72 years – died

last week at the Invalid Hospital at New Norfolk, and Petitioner’s mother dying on her passage

to Sydney, where petitioner supposes his sister is, petitioner is left as the only survivor in this

Colony, and humbly trusts Your Excellency will afford him Your assistance in pursuing his

mitigation of Sentence, and for the boon thus bestowed Petitioner as in duty bound will




[indecipherable]

etc etc

Oct. 28th 1836

[Page 216

To His Excellency

Col. Geo Arthur

Lieutenant Governor

etc etc etc

[Page 217]

To His Excellency Sir John Franklyn Lieut Governor of Vandiemans Land

Excellent Sir,

Being the Father of a very young man who I have learned with the most

poignant grief, has rendered himself amenable to the Laws of his Country by acts of Criminality

which you will easily conceive are of a nature too distressing to parental feelings, to permit me to do

more than refer to, allow me to approach your Excellency in Supplication for the extension of His

Majesty’s clemency to my unfortunate Son.

I have learned that my Son whose name is John Oswald, had in the year 1835 been honoured by the

appointment of Clerk to the Magistrates, and Postmaster, at the town of Merton in New South Wales,

that part of his duties of his office, was to receive and account for certain fees or monies belonging to

the Government, in the latter whereof he failed, became a defaulter, was tried at Sydney in the

Month of July 1836, was convicted for embezzlement, and sentenced to transportation, and that

pursuant to his sentence he was conveyed to Vandiemans land, where there is too much reason to

believe he is still a prisoner

[Page 218]

Sir, My unfortunate Son, has a good Education, and displayed abilities which led me and his family

to hope that he would enter upon life with [indecipherable] and advantage to himself, he very soon

betrayed a strond disposition for the sea, and having many in my family and connections who were

largely embarked in the Shipping Trade, both as owners and Merchants, it was thought advisable to

indulge his inclination, accordingly he made several voyages to different parts of the world but

principally in Ships employed for the conveyance of Convicts to the Settlement in New South Wales,

on one of these voyages he most unfortunately had some difference with the Captn. of the ship,

which he left at Sydney. Shortly before his appointment as Clerk to the Magistrates at Merton, and

he was left there without friends or money whether in the course of these voyages in which was

necessarily much exposed, or whilst he [indecipherable] place he formed bad habits and

acquaintances from thoughtlessness of youth, or whatever cause, it has been my misfortune to learn

that he committed the crime which has brought on him the dreadful visitation sentence I have

mentioned.

Sir, I am induced to hope that some such cause as above mentioned has brought my Son into his

present situation [indecipherable] if it should please your Excellency in considering his youth, his

friendless and exposed [indecipherable] in being left at Sydney, and the disgrace punishment he has

already undergone to pardon him for the offence of which he has been convicted, that he might yet

be




[Page 219]

be restored to, and become a useful member of society, and by his future conduct make some

reparation for the past, as well as heal the wounds his conduct has inflicted on his Father, and a

numerous respectable family.

Sir I continue to hope that it may not be useless to mention that my father served his Majesty in

the Victualling Department through a long life that he lived and died universally respected, that at

present one of my Brothers fills a high position in the same department at Deptford where he has

served with no less esteem and respect than my Father, for upwards of 30 years, myself and Two

younger Brothers are also long in the same department, and my eldest son has for some time has

been in one of the Departments of His Majesty’s Treasury where he, I have the Consolation to say he

is also much esteemed by the principal of his office who is my intimate friend and by all those about

him.

Sir Besides my eldest Son I have a Daughter just now 20 years of age, with every quality a Father

could desire a Daughter to possess, who dotes upon her Brother the object of this memorial of whose

fate she is at present ignorant, & whose life it is feared would be sacrificed to the knowledge of it;

my eldest Son too having been by it brought nearly to the grave and unable to attend to his office for

between 2 and 3 months. In addition to these I have by my present wife nine other children all

growing up into life, and on whose innocent heads some portion of their Brothers disgrace I fear

must be painfully inflicted.

Sir we have all lived creditably & respectably moving in a circle amongst whom I trust there would

be no difficulty of procuring Testimonials of the veracity of this statement were it necessary but

amongst whom I would desire if possible to avoid, & not to promulgate my poor Sons unfortunate

situation.

[Page 220]

There is one Gentleman in Vandiemans Land, Lewis Gillies Esqu. who will notwithstanding the time

he has been absent from England remember my family and to be able to corroborate the truth of this

Statement and to that Gentleman I would respectively beg leave to refer your Excellency, with the

earnest expression of my hope that you will find enough in the circumstances I have detailed to

authorize you to exert the power of clemency where with you are entrusted to my Son, & for which I

most earnestly & respectfully pray.

I beg to Subscribe myself

Your Excellency’s

Most respectful & Obd. Servt.

John Oswald

Croydon, Surrey

3rd May 1837

[Page 221]

Queries Answers

What is the petitioners name Thomas Norrington

What age is he 36




Where is he now residing in He filled the situation of writer in the

Van Diemens Land Department of Accounts at Hobart Town

for upwards of four years – he has lately been

removed to the Commissariat Provision Office

Launceston, Van Diemens Land.

When was the petition presented In October 1836

It will be seen that the Quadruplicate Memorial previous to its presentation received the signatures of

Mr Dison the prosecutor and eight most respectable Individuals who were personally acquainted

with the petitioner for years before his committing the offence for which he is now suffering the

Penalty.

[Page 222]

Re Norrington

Copy Queries and

Answers thereto.

T. Peters

13 Serles Place

Lincolns Inn

[Page 223]

London May 9th, 1837

My dear John

It is with extreme grief I address you in your present unhappy circumstances especially as you have

received such repeated warnings as to what your thoughtless extravagance would lead your Father &

Mother are in such deep distress at the disgrace and affliction you have plunged them into that they

cannot possibly write to you and have therefore requested me to do so had you professed the least

affection for your Parents I should have thought that instead of adding to their numerous trials you

would have endeavoured by diligence and economy to have done the utmost in your power towards

lessening them your sad conduct has so affected your Brother Wm that his health is evidently

[Page 224]

injured and poor Margaret has never yet been told the extent of your misconduct so that you see

instead of making yourself esteemed and beloved by your friends your name cannot be mentioned

without causing the most disagreeable associations your behaviour has been a complication of wilful

and deliberate sin What could be worse than the tale you caused to be invented respecting your death

by drowning in the Hunter River and now your friends would always rather that event had occurred

than that you should have lived to disgrace your friends and connections so much so that you see sin

even in this world brings its own punishment and if you ever think of the eternal world (whither we

are all heading) What madness it is to continue in the ways of iniquity especially as you have

received advantages which many of your present companions never professed and remember we

shall be judged hereafter according to the advantage we have professed here therefore let me entreat




[Page 225]

you my dear John to seek by earnest prayer that repentance towards God and that Faith in our Lord

Jesus Christ through which alone we can any of us obtain Salvation and if your unhappy condition

does but lead you to the Cross of Christ (for the chief of sinners are invited to come) you will have

cause to be thankful that punishment in this world lead you to seek to avert that far more dreadful

punishment which awaits all impenitent and unbelieving sinners in the world to come. Your dear

Mother has had an interview with Col. Arthur to endeavour to get a mitigation of your sentence but

remember if it should be obtained that unless you turn from your evil ways all these warnings will

only tend to your more awful condemnation. I trust however they will have the desired effect and

that you will yet live to retrieve your character and become an esteemed member of Society and a

sincere Christian which your Bible can alone teach you to do. Your Father & Mother Brother &

Uncles join me in these earnest wishes for your repentance and amendment and Believe me to

remain

Your sincerely affectionate Friend

Elizabeth Oswald

[Page 226]

John Oswald

[Page 227]

Croydon 7th May 1837

I am quite at a loss how to address you my once dear John after your dishonest behaviour & the

disgrace you have brought upon your family who had finally<strike></strike> hoped you were so

comfortably settled at Merton under the Kindness shewn you by the kind Mr [indecipherable] and

his family.

By the same ship which brings you this I have sent a memorial thro Col. Arthur to Sir J. Franklyn

praying for a mitigation of your sentence which should it please the Almighty disposer of all events

to grant to you. I fervently trust may be the means of so turning you from the evil and

[Page 228]

and hitherto dishonest ways you have followed, that you may yet if not turn out an ornament yet a

useful member of Society which I pray God to daily, you may yet be.

If it should please God to release you from your disgraceful situation, let me earnestly entreat you to

immediately seek some honest employment by which you will be enabled to earn your daily bread

and if you should happen to see Mr Lewis Gillies pray take his advice, & whatever may be your

future fate I sincerely hope the lesson you have had, & the misery you have caused a hitherto

unblemished family will turn you from the errors of your past life – Write as soon as you receive

these letters to one of your uncles as I am afraid if you wrote to me that

[Page 229]

your poor Sister Margaret who at present knows nothing of your degraded situation should see your

your letter it would be too much for her to bear, or else direct to me under cover to one of them and

let me know what your future views are to be in case our prayers are heard from Almighty God, that

you may yet be a comfort to us which is my dear John

the fervent prayer of

Your unhappy but

Still affectionate Father

J. Oswald.




[Page 230]

[indecipherable]

John Oswald

[Page 231]

London, 6 May 1837

My dear John

I am requested by your Father & Mother to write you a few lines to know how you are & where you

are. They are both so heartbroken that I do not think either of them capable of the task – Not a Word

from you for upwards of a Year excepting a short Note evidently dictated by one of your creditors

requesting my acceptance of a Bill. That affair was soon settled for while your Father is daily &

hourly striving to make your Brother Herbert comfortable, I should have thought myself guilty of

great misconduct in accepting your Bill, while if I could have spared the money, it would have been

more worthily bestowed. The fate of John L-g which you seemed so much to grieve at and which

you said would be a serious warning to all his acquaintances, did not, I am grieved to say, produce

any good effect on your conduct.- Where you could have learned such habits I am quite at a loss to

conceive for the children in your own family are all patterns of good conduct and integrity. I fear on

your leaving your Ship taking up your abode in a Grog Shop, that your Companions were none of

the most respectable altho’ I think you were warned in my letter not to imitate the manners &

conversation of them with whom you are as a Young Sailor, now obliged to associate.- You

promised fair but I doubt you played the Hypocrite in writing of the comfort of your new situation as

a Post Master & that you hoped soon to have it in your power to provide for some of your Brothers.

Thank God they were not old

[Page 232]

old enough to be sent to you. I am sure if you saw the altered health & spirits of your poor Father &

your Brother William, you would feel most bitterly your conduct – As yet Margaret & your aunts

(with the exception of Aunt Wm) are totally unacquainted with your late Faults, and I should be most

grateful if they could be kept in ignorance. You are young & if the means now taking to rescue you

from your present State of degradation prove successful, be careful how you begin the World again.

Your Mother has had an interview with the late Governor of Van Diemen Land Colonel Arthur, who,

I believe, has promised most kindly to forward a Petition to the new Governor, Sir John Franklin, to

remit your Sentence, or to mitigate it as far as he can consistently. The Petition will be carried to the

Colony by the Gentleman who is to have charge of the Convicts. Now, as your Friends are using

their utmost exertion in requesting the influence of those who are not even acquainted with your

Family & who have so kindly promised their interest, I think, should you be so fortunate as to be

again free & your own Master that you will make a Solemn Vow never to tell a Falsehood or commit

a Crime – Rather work hard for your daily bread than again borrow or –

Most anxiously shall we wait the Arrival of Answers to this Letter & to the Petition sent to Sir John

Franklin – Letters, I believe will also be sent to Mr Gillies to urge

[Page 233]

his best endeavours in obtaining the Prayer of the Petition.

With so many Friends trying to assist you, how thankful might you to be & if it please God that their

kind exertions should be crowned with success pray make a strong resolution to reform, and again

become a Comfort as formerly, to your Father & Mother, & that you may, instead of sending them




Misery & Death, be once again a Source of Happiness. I told you in the beginning of this letter that

your Father & Mother could not write, but if they could have a Letter from you, with Sincere

promises of Amendment, it would be more consolation to their wounded Bosoms than any other

remedy. Write to me & to them. Let the Sincere Prayers of us all for your Return to the paths of

Rectitude be seriously attended to.

I abstain from writing what we have heard of your affair, but expect you will make a true Statement

to me especially as regards Money Matters.

I remain, as ever,

Your Affectionate Uncle &

Most Sincere well Wisher.

Tho. Oswald.

[Page 234]

Mr John Oswald

[Page 235]

1837 ?

Convicts

Statement relative to the progressive increase of Crime in New South Wales.

[Margin notes]

Reports of Select Committees of House of Commons on Transportation and Gaols 1812 and 1819.

Report on Judicial Establishments page 14

During the period of eight years form 1810 to 1817 the total number of persons tried

by the Criminal Court at Sydney, was 400. Of these 280 were found guilty, and 137 acquitted; - making

the proportion of Convictions to the whole number of cases tried 67 per cent, - of Acquittals 33 per

Cent; and the proportion of Convictions to the whole population of the Colony, 1 in every 375

persons.)

By the Report of Mr Commissioner Bigge, upon the state of the Colony of New South Wales, it

appears, - “that in the year 1818 the number of cases that came before the

[Page 236]

Criminal Court was 90 and in 1819 it was reduced to 67. In 1820, the number of Convicts exceeded

the means of Accommodation in the Barrack and the Offences increased to 111.”

This makes the total number of cases tried in the Criminal Court, in the three years 1818 to 1820 two

hundred and seventy six (276) so that the average number of Commitments in each year would be

92. The population of the Colony in 1817 according to the Parliamentary Report upon Gaols before

referred to was 20,379 and in 1820 by the Report of the Commissioner of Enquiry it was 23,939. The

average population during the three years may therefore be taken at 22,000 which divided by 92

gives one Committal in every 235 persons. The results of the Trials are not stated by Mr Bigge; but

supposing the proportion of acquittals and Convictions to have been the

[Page 237]

the same as during the eight years from 1810 to 1817, viz. Acquitted 33 per Cent Convictions 67 per

Cent, the proportion of Convictions to the whole population would be I in every 360 persons.




(Margin note – Notes on NS Wales by Bannister Esqr.)

According to returns from 1821 to 1825 contained in a work upon New South Wales by Saxe

Bannister Esqr. then Attorney General of the Colony – the Convictions during those 5 years in the

Superior Courts appear to have been in the proportion of 1 in every 183 persons, out of the whole

population

(Margin note – Returns printed by order of the Legislative Council of N.S.Wales)

During the five years, 1831 to 1835 the Total of Convictions in the Supreme Court and Courts of

General Quarter Sessions, was 2807. This number divided by 5 gives an Annual Average of 561.

The population of the Colony by the Census of September 1833 was 60,794 In June 1836 it is

estimated to have been about 77,000, so that 67,000 may be taken as a fair average for the five years.

This number (67,000) divided by 561, makes the proportion of

[Page 238]

of Convictions to the whole population during the above period of five years 1 in every 119 persons.

In the year 1825 the Minor Offences committed almost exclusively by Convicts, and tried by

magistrates in Petty Sessions were in the proportion to the whole population of the Colony of 1 in

more than 5 persons, whilst in 1835 taking the population at 75,000 the petty offences had increased

to the proportion of 1 in three persons. These returns of convictions do not include the penal

settlements at Moreton Bay and Norfolk Island.

It cannot be alleged that in consequence of an improved state of police, and a greater certainty of

conviction, there was an apparent increase of crime where none existed in reality, for, on the

contrary, the police had diminished in efficiency, and the chances of escape from punishment

[Page 239]

Punishment, both from that cause, and from the greater uncertainty of procuring convictions in the

Criminal Courts, undoubtedly tended to very much swell the actual amount of crime in the Colony.

It is most material also to observe that the whole of this appalling mess of crime proceeded either

from the Convicts, or from those classes of the population who had been formerly in that condition,

and had become free. Mr Bannister in the work already referred to states that during the time he held

the office of Attorney General of the Colony, nearly one-third of the criminal cases brought before

the Courts proceeded from convicts under servitude, and the other two thirds from convicts holding

tickets of leave, and from those who had become free, either by remission of sentence, or by the

expiration of their sentence, or by the expiration of their respective terms of transportation.

By returns printed in the

[Page 240]

same work, it is shewn, that of the 1,296 persons who were convicted in the Criminal Court at

Sydney, in the sixteen years from 1810 to 1836, the proportion of emigrants and natives of the

Colony, together, did not amount to two and a half per cent. The last named classes, at that time,

scarcely comprised one-fifth of the whole population, and the crime committed by them would thus

appear to have been in the annual ratio of one criminal to every 2,400 persons.

(Margin note – App: No.7. p: 57)

It further appears by a return of Commitments to the Goal at Sydney, that in 1833 the proportion of

emigrants and natives of the Colony committed as compared with the total number of committals,

was not quite one per cent; that in the following year (1834), it had increased to six per cent, and in




[Page 241]

in the first seven months of 1835, to as much as twenty per cent.

This increase may be attributed in some degree to the circumstances of natives of the Colony,

without proper education and under the influence of bad example becoming implicated in cases of

cattle stealing; - but it is believed to be in a much greater degree attributable to the arrival in the

colony as emigrants, a short time previously, of a number of women of abandoned character. Many

of these unfortunate outcasts from society, having received sentences of imprisonment for various

misdemeanours, are understood to be include in the returns for 1834 and 1835, which cannot

therefore fairly be brought into the comparison; but the committals from the classes of emigrants

[Page 242]

emigrants and natives of the Colony in 1833, appear to be in the proportion of about 1 in 2,500

persons, and the ratio of convictions in the same classes, would not exceed from 1 in 3,000, to 1 in

3,500 persons.

(Margin note – Calculated from tables in MacCulloch’s Statistical Account of the British Empire

8vo. London, 1836 Vol: 1 p: 568, et seq.)

The relative proportion of convictions after commitment to the whole population of England and

Wales, in the year 1835, was 1 in about 1,000 persons.

In New South Wales the corresponding proportion in the same year, including all classes of the

inhabitants, appears to have been 1 in 97 persons. But the returns do not specify the convictions in

the several classes respectively.

The following comparison statement of crimes to population, in different countries, is derived from a

work on the statistics of Sweden, recently published by Colonel Forsell: -

(Margin note – Statistik von Schweden: 8vo. Berlin, 1836. B.11.)

[Page 243]

United States of America 1 offender in every 3,500 persons

Wales 1 2,320

Denmark 1 1,700

Sweden 1 1,500

Scotland 1 1,130

England 1 740

Ireland 1 490

New South Wales 1 22

This table appears to include summary convictions, as well as those after commitment.

Differences in the law and in police as well as various other circumstances, render comparison of this

kind but imperfect tests of the relative moral condition of different countries, or even of the same

country at different periods; and it is to be regretted, that the returns of crime in New South Wales,

which have been obtainable, contain of late years no accurate statement of the class in society of

[Page 244]

of the different offenders. Had they supplied this information, the great difference which exists in

the moral character of the several classes of the colonists would have been still more clearly shewn.

But the following points appear to be sufficiently established by the foregoing data: -

First, that the proportion of crime committed in New South Wales, by those classes of the Inhabitants

who have never been convicted, is not greater than the proportion in the parent country, and also




does not appear to exceed that either of the European communities in general, or of the United States

of America.

Secondly, That the great mass of crime committed in New South Wales, proceeds from persons who

either are or have been convicts: and that the actual

[Page 245]

actual extent of crime in the colony, including the last named class of its inhabitants, does in

proportion greatly exceed that of other countries, and is also larger at the present time, than at any

former period

[Page 246]

Suggestions for a modified and improved System of Transportation.

It is assumed

1. That Transportation from the Mother Country, as a secondary punishment, is necessary

2. That the Mother Country has a right to transport the Convicted offenders to any of her

Colonies.

3. That to which Colony ? or to what extent ? are questions of expediency.

4. That in Colonies where labour is scarce and dear or where great public works are to carried on, a

supply of Convict labour judicially applied, must be beneficial.

5. That under any modes of punishment, - whether confined to the Mother Country, - or to the

Colonies, - or divided between them, - a large expenditure is unavoidable.

6. That the punishment of the Criminal, - his moral improvement, and the most profitable

application of his labours, should (if possible) be accomplished simultaneously.

[Page 247]

It is therefore suggested,

1. That a return to the practice of “Assignment” is advisable, as far as relates to the better-disposed

convicts.

2. That the labour of the worst Characters should be devoted to Public Works and in situations

entirely apart from, if not out of reach of settled communities.

3. That a classification of Convicts should be made previous to their transportation, under the

heads, - Corrigible, 1st & 2nd Degrees, Doubtful, 1st & 2nd Degrees – Incorrigible.

4. That transportation should take effect immediately after Sentence is passed.

5. That the Corrigible class, of both degrees, should on arrival, be at once assigned, or assignable to

the service of Colonists of eligible character and competency: the Doubtful retained for public labour

in the Towns and Settled Districts, (to be transferred after due discipline and good conduct to the

Corrigible, or assignable Class: and the Incorrigible be sent to places suited to their exclusive labour

and restraint – there to remain until they are released by Death, or the previous expiry of their term

of banishment.

6. That Corrigibles should generally, be sent out to the Colonies by themselves. Doubtfulls may

reasonably be placed in the same ship: but Incorrigibles never.

[Page 248

Assignment

1. That in order equitably to apportion the benefit of Convict labour in private service as well as to

maintain a constant check over the Conduct of the Settler towards his assigned Servant, the period of

assignment should be limited to two years – subject to renewal on the application of the Master if it

be found expedient. The Government should, nevertheless, have power in every case, to recall a

Convict to its service without being required to state the reason for it.

2. That to induce Settlers to take the Convicts into their Service, the assignable Class should be kept

free from




[Page 249]

from men unsuitable to, or undeserving of, the privilege of being placed in private Service.

1. By making that Class an object of desire and emulation among the Convicts:

2. By never admitting or readmitting to it any man who has been guilty of a serious offence:

3. By rewarding the well-behaved after due lapse of time and proof of his desert, by a Ticket-of-

leave, - to be followed by a conditional pardon in cases of continued good conduct. Thus the hopes

of an improved position, moderate domestic labour, and ultimate freedom, would operate on many to

deter them from crime.

[Page 250]

Doubtful Class: - Public Labour.

1. That a distinction should be made between “Public Labour” as eligible for this Class – and “Hard

Labour” for the Incorrigibles. The former may be performed in Towns and Settled Districts under

the requisite control and observation. Fitness for the Assignable Class would be the object of their

desire: removal to the Incorrigible class that of their fear. One half of the Doubtful Class would

probably take these opposite directions.

2. That no Ticket-of-Leave should be granted to one of this Class unless for special Services, as a

Constable, or otherwise.

[Page 251]

Incorrigible Class: - Hard Labour.

1. That Bermuda and Gibraltar be continued as places for reception and labour on public works, of

this Class only.

2. That Cape Town would afford similar employment for a considerable number on the proposed

Breakwater in Table Bay.

3. That a moderate number may be advantageously employed at the Falkland Islands which (from

the extensive occupation of the western coast of North America now in progress) may be expected to

be greatly visited by shipping.

4. That Port Arthur in Tasmania is available for a moderate number.

5. That new Settlements on the North West – North, - and North East Coasts of Australia should be

originated by the formation of Convict Establishments, - as [indecipherable] for Emigrants, who may

be admitted there after certain progress has been made in clearing ground for Townships. opening

[indecipherable] to the interior, etc etc.

6. That these Convict Settlements should be places of ultra- banishment for offenders from the

Corrigible and Doubtful Classes.

[Page 252]

General Policy.

1. That the “right” referred to in page 1, - No. 1, - be not acted on in Colonies which have by the

reception of convicts in great numbers begun to experience moral injury (this being the case with

Tasmania) – but that in all Convict Settlements to be hereafter formed, the admission of free Settlers

be permitted with the express understanding that this “right” will be exercised by the Crown so long

as it may be found expedient.

2. That all the Australian Colonies (in which New Zealand may be included) should if possible be

prevailed on to adopt the assignment portion of this plan. 1st. By the careful selection and formation

of the Corrigible Class in England: 2nd By exempting the Colonists from any police [indecipherable]

expenses consequent on the delinquency of these men. 3rd By rigidly enforcing the duties of

discipline, and 4th. By giving each Colony the full benefit to accrue from the labour of such numbers

of the Doubtful and In corrigible Classes as my be employed on public works – or at hard labour –

without being required to contribute towards their Maintenance, Superintendence, or Instruction.

3. That the first steps to such an arrangement should be the removal of all the Incorrigibles now in

Tasmania (Excepting such as can be safely and usefully kept at hard




[Page 253]

labour in Port Arthur) to places on the Coasts of Australia eligible for new settlements.

4. That the families of deserving Ticket of Leave men be sent out to them, the expense to be repaid

to the Crown by instalments.

5. That the emigration of females of good character be promoted to a large extent with a view to

them becoming the wives of Emancipated and Ticket of Leave men. It has been found that the

acquisition of property and family attachments does more towards the moral reform of the offender

than all else that has been tried.

6. That, to check the return of Expense to this Country, some advantages must be held out to them

for remaining in the Colonies, and that free pardons for services or exemplary conduct, should be

seldom granted. Conditional pardons should enable the holder to pass free in all Australia.

7. That additional encouragement should be given to military and naval officers to retire from their

respective services and settle in Australia by which their continuance there would, in a great

measure, be secured.

8. That to make Transportation a punishment to the Criminal and a blessing to others, rigorous

discipline should be enforced in all its forms and degrees. The clamour of Demagogues and the

entreaties of pseudo - philanthropists should be alike disregarded. When it shall be

[Page 254]

known as a certainty, that adequate punishment is invariably inflicted, crime will become less

frequent and banishment be regarded with more terror: while at the same time, the purgatory of

“Assignment” will afford opportunity and encouragement to those offenders who may desire to

“repent and be forgiven”.

9. In the control of doubtful and incorrigible classes Executive military and naval officers are

specially qualified whose salaries might be modified accordingly to the amount of their half pay.

[Page 255]

Sir George Arthur’s answers to

Four Questions proposed to him in

Lord Brougham’s note of the 28th Apr. 1847

No. 1

Are there not means of arranging

Convicts & superintending them day &

night, so as to prevent the shocking

immoralities so often committed –

especially such as arise from want of

women?

No. 2

Does Sir George Arthur believe the said

immoralities to occur for want of a

women or of proper accommodation &

superintendence?

Answer to No. 1 – Certainly – such arrangements may be

made, and such superintendence given, as would, to a great

extent, if not entirely, prevent the revolting immoralities

stated to prevail now so commonly among the Convicts,

working in probation Gangs in Van Dieman’s Land.

Answer to No. 2

The want of women, and of separate sleeping Berths, may be

existing causes of the disgusting immoralities alluded to; and

deficient or careless superintendence may afford the culprits

the opportunity of perpetrating them. I should refer the

existing immoralities, however chiefly to the latter, because I

know that, when the superintendence is efficient, they rarely

occur. During the numerous voyages made by Dr. Browning




[Page 256]

No. 3

Does Sir George Arthur at all

consider such immoralities as

inseparable from a Penal Colony

?

No. 4

What, in Sir George Arthur’s

opinion, is the best means of

preventing them?

as Surgeon Superintendent of Convict transports – though, of course,

there were no women onboard, & the accommodation very scanty,

such immoralities were not known to exist – Hence I infer that, even

under the most averse circumstances, where there is unceasing

vigilance, and great precautions taken, with proper management,

such immoralities may be prevented.

Answer to No. 3

I by no means consider immoralities inseparable from a Penal

Colony: but when men are congregated in large bodies in such a

Colony, as well as elsewhere, it requires the greatest circumspection

and the most vigilant superintendence to prevent them.

Answer to No. 4

There seems to be no other means of dealing with the convicts who

are now, and have for some time past been, congregated in Probation

Gangs in VD Land than by the adoption of a better system of

Management and of much greater

[Page 257]

vigilance in the care and control of these wretched men. – For though on perusing the Papers which have

been laid before Parliament, I am led to think that the bad state of things represented to exist, has been

somewhat highly coloured - enough leads me to suppose that the impression of the vicious condition of

convicts in Probation Gangs is so general, that no respectable settler would willingly give employment to

even such of them as might be discharged from such Gangs with a good conduct recommendation.- But,

by separating the convicts, and dispersing them over the country immediately on their arrival, an evil of

the magnitude described may be prevented for the future.- This was admirably effected during the long

period I was in V.D. Land by the immediate assignment of convicts on their disembarkation,- a measure

which also afforded the best means of preventing crime, and, at the same time, of punishing and

reforming the Convict.

In order to break up old associations, seldom

[Page 258]

seldom more than 2 or 3 Prisoners, from the same ship, were assigned to one Master – who, in fact,

became their overseer – and, generally speaking, he proved a good one – for, unless he vigilantly

watched over the conduct of his servants – looking most carefully to their sobriety, industry, and

morality, his prosperity and the welfare of his family inevitably suffered. – Thus, the Master’s interest, as

well as his duty, combined to make him an excellent and unpaid overseer, in carrying out the design of

the State in the punishment of transportation.-

The chief mischief to be apprehended was that the assignee might carry discipline too far by exacting an

undue proportion of labour form his servants: but this was an evil so obvious that it was carefully

provided against by the very stringent Laws and Regulations which were passed for the control of the

Master as well as of the servant.-

If one abused the trust reposed in him, the assignment was revoked, & the convict removed from his

service. If the other was guilty of Drunkenness, Insolence, Disobedience, or other acts of misconduct, he

was subjected- on evidence




[Page 259]

evidence of the same, before a Magistrate – by the Provisions of the Local Code, to which I have alluded

- & various degrees of summary punishment – on the other hand, continued good conduct for a

prescribed period according to the extent of his sentence to transportation made him eligible – first to

hold a Ticket of Leave – secondly, to receive a Conditional Pardon – and eventually, after a long period

of good conduct, to obtain a Free Pardon.-

Under this system of rewards and punishments, the best results were produced. – After the Prisoner had

advanced the first step towards the remission of his sentence by obtaining a Ticket of Leave, the

commission of any serious offence subjected the offender to the forfeiture of his Ticket, which a convict

could only have acquired after many years continuance of good behaviour in the service of his Assignee

– whose favourable opinion, it therefore became his interest to conciliate – and this, from long habit,

worked such a careful course of good conduct that I consider that it would difficult to find in any part of

the world such a number of men of the working class so orderly in their general behaviour, and so sober,

and useful as artisans or Farm servants, as the Ticket of Leave men in V.D. Land – and the discipline and

course of instruction they had undergone, while assigned servants, made them so expert and useful that

the Settlers throughout

[Page 260]

- out the Colony were willing to give higher wages for a convict holding a Ticket of Leave than for an

Emigrant artizan or labourer.

If, therefore, Transportation under the experiment of the Probation system of working the convicts in

large bodies – has failed, to the extent represented,- in my opinion Transportation, with assignment,

conducted as it was in the year 1836, should be restored under such modifications as subsequent

experience may point out as advisable for adoption.-

I beg not to be understood as imaging that convicts in assignment service universally lead irreproachable

lives – on the contrary. I am well aware that some of them continue vicious characters, and others prove

most troublesome & vexatious servants to their Masters.- All I would urge is, - that they are placed in a

position with fewer temptations to crime, and which affords them beyond any other secondary

punishment, an opportunity of reflecting upon the misery of their past career in crime, and holds out the

strongest inducement to reform – so that, with religious instruction, the best hope may be entertained that

they will become reformed characters, and be made useful, in place

[Page 261]

place of continuing dangerous members of the Community.-

The most prominent objections raised in this country against assignment when the subject was under

consideration of Parliament some years ago, I believe, were; that the system tended to convert the

Masters into despotic slave drivers & the convicts into slaves – who were subject to a greater degree or

less degree of punishment in proportion to the laxity or severity of the Assignee.-

As regards the first objection, it cannot be denied that the system has a tendency to make the Master

despotic - and this may fairly be regarded as an objection to it; but, independent of the operation of the

Colonial Laws and Regulations to counteract any abuse of this kind, a vigilant Government, which has

the entire control of making assignments and revoking them, can always effectively prevent the Masters

from pursuing any course of treatment approaching to inhumanity – and, it must be remembered, that the

convicts, on their part, are very prone to complain of ill-treatment – and have ready access for the

purpose to the Police or Assistant Police Magistrates.

Much ill feeling may, no doubt, be occasioned by withholding or withdrawing Convicts from a free

Settler – whose moral character




[Page 262]

or irritable temperament makes him a bad Master, - But this is a duty which may reasonably be expected

to be firmly discharged by a Governor intrusted with so responsible an office – and the duty will be

comparatively light if he is enjoined to exercise such power, and is firmly supported when his

measures require it, by the Home Authorities. This, as a source of possible ill feeling between the local

Government and the free Settlers, is a further objection that may be well taken for what it is worth, to the

Assignment System.

With regard to the second objection – the inequalities of Assignment as a measure of punishment – it

does not appear to me that any great objection can be made to Assignment on this ground than may be

advanced against every other secondary punishment, or, indeed, against every service in which the lower

class can be employed. - The punishment of every offender in every part of the world is, to an extent,

heightened or mitigated by the treatment he experiences from his keeper, jailer, overseer, or superior of

whatever denomination. - And, further, the comfort or discomfort of every private soldier, and of every

Sailor either in Her Majesty’s

[Page 263]

Majesty’s, or the Merchant Service – in fact, the happiness or misery of the daily life these people is

mainly dependent upon the character of their Superiors. - This argument is no less applicable to the case

of all destitute children – whether boys or girls – who, under the laws of this Country, are placed in

apprenticeship – and whose treatment must be entirely dependent on the individual character or

disposition of parties in whose hands it may be their good, or ill fortune to be placed. –

I consider, therefore, that this objection to the Assignment System - though I admit it to be one - only

proves that Transportation with Assignment, is not a punishment free from defect – and all I contend for

is that it is the best secondary punishment – properly carried out – that has ever yet been devised as a

scheme of combining Reform and Prevention, with Punishment.

I am aware it has been urged that Transportation is not considered a severe punishment among the Crime

Class of this Country, and, therefore, fails in a most essential particular. – However broadly this assertion

has been made, I doubt very much its accuracy; but, even if it were true, my answer would be – it is

capable

[Page 264]

capable of being made so – and that no Christian would desire that a fellow creature should be visited

with a more severe penalty than is involved in a sentence of Transportation.

I am morally certain that it is a most severe punishment - and that the Criminal Class in this Country

may be made to consider and dread it as such. Be this, however, as it may, one grand object

unquestionably is achieved by the Transportation of Criminals to a distant Colony. – You therefore

certainly rid the Country of a polluting spring which is, year after year, extending its corrupting streams

over the Country – and, from the evidence I collected whilst I was in V. D. Land, I became convinced

that the contaminating influence of the Crime Class had never been fully appreciated – nor has it, I

believe, been well considered what the extent of crime might now have been in Great Britain and Ireland,

had not

[Page 265]

not, in former years, such a body of criminals been expatriated and rendered comparatively innoxious in

a thinly populated country – where every part of their conduct can be watched and every act – good or

evil – recorded for future reference – a measure which has been demonstrated in V.D. Land to have the

most beneficial effect in the treatment of the whole Convict Population.




[Page 266]

[indecipherable

1847

Lord Brougham

re Convicts

Sir G. Arthur’s reply

re V. Dieman’s Land

[Page 267]

My dear Sir,

A lad of the name of John Davies arrived in the Ship Argyle last year, and is assigned to Captn. Heany at

Perth. His father is in my employ in Sydney and I promised him to apply for leave to have the Son

transferred to me and to take him to Sydney on my return - The person to whom he is assigned, will not

I believe object to the transfer, but I am given to understand that there is some difficulty in procuring the

requisite authority from Government. As this seems a matter of private application I have taken the

liberty

W Parramore Esq.

P.S.

[Page 268]

of addressing these few lines to you, to know if the thing can be done before I go through any of the

forms of application on the subject. Your early answer will much oblige.

Yours truly

Francis Stephen

Friday

[Page 269]

Mr F Stephen

- date –

About the transfer of a

lad named John Davies

to his service

[Page 270]

To.

His Excellency Colonel George Arthur Lieutenant Governor of Van Diemans Land and its

Dependencies.

The humble petition of Michael Caffray Sheweth. –

That your petitioner was Convicted at the Supreme Court of Van Dieman’s Land at Hobart Town of

receiving 40 lbs Mutton the property of some person unknown and stolen by some person unknown and

Sentenced to be Transported for 14 Years. –

That your petitioner arrived at Sydney in New South Wales 32 Years since Free and has been 18 Years

in this Colony and never been charged before with any offence.

That your petitioner is an old man 70 Years of age and lived at Oatlands and held a Township Allotment




of land upon which he had erected his house and cultivated his land and obtained an honest livelihood by

means of his Cows and Poultry and Keeping an Eating house.

That your petitioner sold a small portion of his allotment and was to be paid by the purchasers one half in

Cash and one half in Sawed Timber. That the Purchasers not being able to pay the Cash did from time to

[Page 271]

to time supply petitioner with fresh meat which your petitioner consented to take at Market price in

reduction of the Cash payment.

That your petitioner did receive on this account the Meat for which he was convicted.

That your petitioner was and still is ignorant as to the way in which those persons John Bennett and

William Eagle obtained the Mutton except from their own representation that they had received it in

payment of their work. And humbly states that he might have been as innocently convicted of purchasing

any other description of property had he received if on a similar account.

Your petitioner therefore humbly prays that your Excellency will be pleased Mercifully to consider his

case and before your Excellency quits this Colony mitigate the rigour of the Law.

And your petitioner as in duty bound will ever pray

[Transcribed by Peter Mayo, June Pettit for the State Library of New South Wales]

Sir George Arthur - Papers, 1825-1837, re convicts, 1822...

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Transcript of Sir George Arthur - Papers, 1825-1837, re convicts, 1822...