We have also to acknowledge the honor of receiving the Copy

DARLING TO MURRAY. 765

We have also to acknowledge the honor of receiving the Copy 1829

of an Extract of a Despatch addressed to Your Excellency by The 20 May. Right Honble. The Secretary of State, under date 31st July, 1828, on the subject of the above mentioned Act. In transmitting herewith the Report of our Opinions delivered in

the case alluded to, w e venture most respectfully to submit for Your Proposal for Excellency's consideration whether, instead of pressing the subject legislation by upon the attention of The Right Honble. The Secretary of State, counclL

the more expedient and direct course to be adopted may not be to lay the matter before the Legislature of the Colony as soon as practicable, in order that some Act may be passed, so suited to the exigency of the occasion as not to compromise the assumed intention of Parliament, and at the same time sustain the general analogies of the L a w in like cases. Adverting to the notice of the Right Honble. The Secretary of Error in

State that, in the Printed Copy of the 9th Geo. 4, C. S3, the 9th i ertion of Section is inserted by accident in a place where it should not have §j § wîil. been introduced; and presuming as we do, that its proper place is between the 33rd and 34th Section,* w e would take the liberty of observing that, if the 9th Sect, be read in connection with the 32nd and 33rd Sections, the construction, w e have put upon the Section in question will be found in accordance with the intentions of the Legislature upon a matter, which, to say the least, is of doubtful import. W e have, &c,

F. FORBES, C. Just.

JOHN STEPHEN.

JAMES DOWLING.

[Enclosure No. 4.] Ex PARTE JANE NEW.

Supreme Court, New South Wales, 21st March, 1S29. Opinion by T H E Chief Justice delivered his opinion to the. following effect:— F- Forbes ex This is an application to the Court to enlarge the Prisoner, Jane parte Jane New'

New, upon the ground -that she is unlawfully detained in the Factory at Parramatta. It were superfluous to offer any remarks upon the nature of the remedy, which is now sought at our hands; the Writ of Habeas Corpus is the great constitutional process, by which every subject of His Majesty, being in a state of Confinement, may upon sufficient grounds bring his ease before the Court, and demand his liberation as matter of right, if his confinement be contrary to law. W e , as the Judges of this Colony, are expressly invested by Act of Parliament with the same powers as the Judges of the King's superior Courts at Westminster, and we are equally bound with them, by the obligation of our Office and the heavy penalties to which we are subjected, to award this process at our peril and to investigate every case in which a probable ground may be laid for our interposition. That the Writ of Habeas Corpus, transcendant as it is in its nature, has been temperately used in this Colony, may be inferred from the fact that, during the five years which have passed since the first opening of the Supreme Court, I do not recollect above three cases which have occurred of this Writ having issued to enlarge any person upon the ground of being illegally imprisoned; and the present instance I believe to be the first, in which the discharge of the party applying for the Writ has been contested by the Officers of the Crown.

* Note 219.

766 HISTORICAL RECORDS OF AUSTRALIA.

1829. The few facts, to which it will be necessary to advert in delivering 20 May. my opinion upon the application now before the Court, are as fol-. low :—Jane New was tried at the assizes held at Chester in England

FPForbes ez in 1824, and convicted of larceny, for which she was sentenced to parte Jane New. be transported 7 years; the Prisoner was accordingly sent to Van

Diemen's Land, and, as appears by the Affadavits, was in the year 1826 married to James New by the permission of the Governor of that Colony, and subsequently by the same authority suffered to accompany her husband to New South Wales. At the last Criminal Sessions of -the Supreme Court, the Prisoner was convicted under the Statute 12th Ann., C. 7 (the statute Which-takes away benefit of Clergy from the offence of stealing in a dwelling house above the value of Forty Shillings), and judgement of death was recorded against her. This sentence, as it is stated upon the affadavits, was afterwards remitted by the Governor in pursuance of His Excellence's commission from the Crown, and the assignment of the Prisoner to her husband was revoked, and her person ordered to be delivered over from the Gaol, to which she had been committed under the judgement of the Supreme Court to the Superintendent of the Factory at Parramatta, there to be detained in like manner as other Female Prisoners, being under unexpired sentences of transportation. Upon this state of facts, two questions have been raised at the

bar for the determination of the Court: First, Whether the Sentence, passed upon Jane New in this Colony, is to be considered upon the facts before us as a good subsisting sentence, and as placing her at the disposal of the Governor in pursuance of the local laws of the Colony; or secondly, assuming such sentence to have been remitted, whether the Governor is enabled by the New South Wales Act to revoke the original assignment of Jane New to her husband, and either to reassign her to another person, or to retain her in the service of the Crown. Upon the first point, I am of opinion that sufficient evidence is

before the Court, upon the affadavits and the documents annexed to them, to satisfy the Judges of a fact, which they cannot but be presumed to know, that His Excellency the Governor had, in consequence of their own opinion, communicated in another course of proceeding, been pleased to remit the sentence passed upon Jane New for her Offence within this Colony. I accede to the argument of the Attorney General that a pardon is not perfected in due form of law until it has passed the Great Seal; that the signet or sign manual, or any less formal mode of granting a pardon, cannot be pleaded or even adduced in evidence to reverse the legal consequences of attainder, or to restore the party attaint to his plenam et liberam legem in any case, where the effect of a pardon is the immediate subject matter of enquiry before the Court; such instruments, however, are held sufficient to induce the Court to admit a Prisoner to Bail, and to liberate him from personal restraint (4 Bl. Com. 400). Even a conditional promise of mercy, held out by Justices of the Peace to induce a party to give Evidence which may criminate himself, has been held sufficient to authorise the Court to bail, although it appeared that the Justices had exceeded their power, and the promise so held out by them was strictly void (Cowp. 331). When we consider, therefore, that the letter from the Colonial Secretary to the Sheriff, as his warrant for discharging the prisoner from the common Gaol, expressly stated, as the ground


for such removal, that "the Governor had been pleased to remit 1S29. the sentence passed upon Jane New," and that it is further stated 20May. in the affadavit of the Colonial Secretary, in explanation of the opinion by circumstances under which the Prisoner was subsequently detained F. Forbes ex in the Factory, " that His Excellency had been pleased to revoke Parte Jane New-the assignment of such Prisoner," we cannot reasonably doubt the fact that His Excellency the Governor had been pleased to remit the Colonial sentence passed upon Jane New; and, upon such fact, we should be bound to admit the Prisoner to Bail in order to her obtaining her full pardon in due form of law. I think, therefore, from the state of facts before us, as well as from our own judicial knowledge of the grounds upon which this Prisoner was considered as entitled to a Pardon, we may lay out of the case her Colonial Sentence, and pass to the examination of the other and more important point, which has been raised for the decision of the Court, namely, how far this woman, having been originally transported to Van Diemen's Land, and assigned by the Governor of that Colony, is subject to the laws and Regulations applicable to Convicts transported to this Colony, and to the power of the Governor of New. South Wales to revoke the assignment, by force of the Statute 9th Geo. 4th, c. 83, or any other power with which, as the Governor of this Colony, His Excellency may be clothed. The clause* of the Act under consideration is certainly expressed

in an ambiguous manner, and is capable of two distinct readings. It recites the Act passed for the transportation of offenders in the 5th Year of His present Majesty, by which a property in the service of transported offenders is vested in the assignees of such offenders, and then goes on to restrain such assignments without the previous consent of the Governor, and further to enable the Governor to revoke any assignments, and to grant to any Offenders such temporary or partial remissions of their sentences as may seem best adapted for their reformation. It is affirmed by His Majesty's Law Officers that the power of revoking assignments of Convicts to Settlers has no necessary connection with the clause, which follows, of granting temporary remissions of their terms; that -they are distinct and substantive powers conferred by the Act, and that the Governor may revoke the assignment of a Convict Servant made to A and reassign him to B at His Excellency's discretion; and that the fact of a Prisoner's being within the limits of this Colony places such Prisoner within the exercise of this discretionary power of the Governor. The latter part of this doctrine appears to me to be clearly unten

able. The very power, that is claimed to belong to the Governor, is derived from the positive provisions of an Act of Parliament, and the same act, which gives the power, confines it to Prisoners transported directly from England, or some other part of the King's dominions to this Colony. Van Diemen's Land is now, to all intents and purposes, a distinct Colony from New South Wales, and the Governor of the latter can no more revoke any act of the former than of the Governor of any other Colony under His Majesty's Crown. The mere circumstance of the Prisoner being under sentence of transportation from England, and being found within the limits of His Excellency's Government, cannot confer the power contended for; it must derive its force from some positive enactment, or it cannot exist. Now the clause, under consideration, refers to assignments made by the respective Governors of New

* Note 219.


lg29 South Wales and Van Diemen's Land, in pursuance of the trans-20 May. portation Act,* which enables them respectively to revoke such . assignments; that is, each of the said Governors may revoke any

'PForbes M assignment, made by himself or his predecessors, of any Prisoner %rte Jane New. transported in pursuance of that Act to the Colony under his

Government; but it does not enable the Governor of one Colony to cancel assignments made by the Governor of the other. But it appears to m e that this power of revocation is not sustain

able under any circumstances, in the large and discretionary form in which it has been claimed by the law officers of the Crown. It involves a question of vital importance to the colonists, the tenure by which they held their servants, and, by consequence, the value of their estates and the security of their property, for, without labor, land in this Colony is useless, and the only laborers, which can toe held securely, are assigned Prisoners. If I correctly understand the Attorney General, he contends that the Governor may, at discretion, revoke the assignment of the whole of the Prisoners in the service of the settlers, and, as a consequence, render their estates comparatively of no value. That His Excellency will not exert such a power may he assumed; but it is upon the existence of such power, not the exercise of it, that we are called upon to express our opinions; and, before the bare abstract claim of such a power can be sustained by the adjudication of this Court, it must be established to its entire conviction upon the clearest manifestation of the intention of Parliament. N o w the act, as I have already stated, is ambiguous in its form of expression; and, in endeavouring to define its true meaning, the safest course will be to see how the law stood before the passing of the Act, and what alterations appear to have been intended. Transportation was unknown to the common law of England; it

derives its origin from Acts of Parliament. The transportation Actsf have two specific objects in view, the punishment of Criminals, and the supply of the Colonies with labor. In the accomplishment of these objects, the first act of Parliament, 4th Geo. 1st, c. 11, affixed the punishment of transportation to certain Offences, and enabled the Judges to transfer such offenders to some person, who should contract to convey them beyond seas, and vested in such contractor and his assignees a property in their services, during the entire term of their transportation. The Act reserved to His Majesty the power of allowing the return of any transported felon; but it provided that the owner or proprietor should receive an equivalent for the loss of his services, to be -assessed by two Magistrates of the province or Colony, to which such felon had been transported; the provisions of this Act have served as the ground work for all the transportation laws, which have subsequently passed. The 8th Geo. 3rd, c. 15, 24th Geo. 3rd, c. 56, 56th Geo. 3rd, c. 27, all reorganise and confirm this right of property in the services of a transported offender. The last transportation Act 5th Geo. 4th, c. 84, follows the same course; it repeals all the former acts, and consolidates their provisions into one law; this Act appears to have been generally considered as having introduced the right of transfer from one assignee of a Prisoner to another, and as vesting such a property in the assignee as could not be affected by any act of the Governor, in granting what in this Colony are called Tickets of Leave. The Act had expressly saved His Majesty's power of mercy, but it contained no such reservation to the Governor of

* Note 104. t Note 220.

DARLING TO MURRAY. 769 the Colony, who consequently could only remit the Sentence of an 1829

assigned Prisoner by granting him a conditional pardon under the 20 May. provisions of former statutes. Tickets of Leave were in the nature „ . . of a temporary and resumable indulgence, which exempted the ser- F^TbesL vant from the control of his Master and permitted him to enjoy the parte Jane New. profits of his own labor. These instruments were in some respects preferrable to remissions; they acted as a stimulus to reformation, and at the same time, by being resumable, they served as the best guarantee for future good behaviour. In the earlier state of the Colony, when the number of Prisoners greatly exceeded the demand for labour, this practice of granting Tickets of Leave was tacitly submitted to by the Settlers; but, in latter times, its legality has been called in question, and this circumstance gave rise to the provision of the Act under consideration; it was to legalize tickets of leave, or, as they are described in the Act of Parliament, temporary and partial remissions of the terms of transported offenders. The best expositors of the law are the circumstances, which called it forth; viewing it with reference to the practice of granting these temporary indulgences, it clearly and primarily had in view the enabling the Governor to cancel the previously vested right of the assignee in the Services of the Prisoner, and to extend the grace of mercy in such a temporary and resumable form as might serve at once to reclaim a lost Member of Society, and to guarantee his continued reformation. The Act of revocation was a necessary preliminary to granting any temporary or partial remission, " temporary or partial" suppose a limit, a part of the term unremitted and the residue would consequently remain vested in the assignee; in order therefore to give full effect to the clause, it became necessary first to cancel the 'assignment, and destroy any residuary right of property in the assignee; the Act says, "it shall be lawful for the Governor to revoke any such assignments of Offenders, and to grant to any offenders such temporary or partial remissions of their sentences as may seem best adapted for their reformation "; had it intended to enable the Governor to revoke the Assignment to one person, and to reassign to another, I think it would have been clearly and distinctly so expressed. The right of private property, when once acquired, is held so inviolable by the Laws of England, that I cannot easily suppose it to have been the intention of Parliament, after having created this right in the assignee of a Prisoner in the most express and formal manner, and having carefully preserved it through the successive provisions of a chain of Statutes, to take it away by a word; and that, without any cause alleged, or any previous enquiry, or any definite course of proceeding directed for the exercise of so strong and anomalous a power, a power which would be, perhaps, without a precedent in the records of Parliament. As then the Clause in question will admit of a different construction, I a m bound to put that interpretation upon it, Which will best effectuate the apparent intentions of the legislature. Without violating the analogies of L a w or disturbing the vested rights of property. I a m aware that it is open to argument, in support of the con

struction contended for, that cases may occur and have occurred, in which the assignees of Prisoners have abused the power they possessed over their Prisoner Servants, and that it is expedient that a controlling authority should be lodged somewhere of restraining such: abuses and of putting an end, in extreme cases, to the

SER. I. VOL. XIV—3 C

770 HISTORICAL R E C O R D S O F AUSTRALIA.

1829. relation between the Master and his assigned servants. An 20 May. authority of this sort has in fact been exercised by the Justices .—- within' the several districts of the Colony after the manner of dis-

FFortêsez solving the union between Master and apprentice; and I am not •parte Jane New. prepared to say that some law may not be found sufficiently wide

to admit the exercise of this very equitable jurisdiction. Every Act of Assignment performed by the Governor is a public Act; it is a partial execution of the laws of the Land; it is presumed, like every other public trust, to be exercised for the benefit of the whole community; as between the Government on one side, and the assignee on the other, it raises an implied contract, by which the assignee is bound to use the Prisoner with kindness, and to provide him with food, clothing and protection; the rights of the Prisoner and the interests of the Public demand the most exact observance of this implied stipulation; and any breach of it, on the part of the Master, should upon every sound principle be considered as a dissolution of the Contract. But such dissolution should be preceded by some course of legalized enquiry, in which the parties may be heard, and the penalty of revocation, if awarded, deliberately adjudged. Whether this authority, so exercised by the Justices, be well or ill founded, it is now not necessary to enquire; if their Jurisdiction have no stronger ground to rest upon than -the silent acquiescence of the public, it proves the necessity of resorting to the legislature of the Colony. But I cannot discover how a fair argument can be raised upon any defect in the jurisdiction of the Magistrates to sustain the naked power which has been claimed on behalf Of the Governor. If His Excellency be indeed invested with this power by the high authority of Parliament, it cannot be delagated to other hands; it must be strictly pursued and exercised at the pure responsibility of the Grantee (Cowp. 29) and thus the penal consequences, which, under the unlimited power contended for, would place the whole of the estates and fortunes of the settlers at the discretion of the Government, may be enforced, at mere will, without complaint or hearing or trial, or in short any one recognized form of judicial investigation. From this review of the arguments which have been used at the

bar, it will be collected as m y opinion that the latter part of the 9th Section of the Act of Parliament must be taken as one entire clause, and as conferring upon the Governor of the Colony the single power of revoking the assignment of a Convict servant for the purpose of remitting his sentence. I do not think however that the decision of this point of law, which has been incidentally raised, is essential to the final disposal of the case; there is another and more conclusive point, which has been lightly touched in argument, but which appears to me to be imperative upon the Court as to the course which, under the circumstances in evidence before us, it is bound to pursue. It is admitted by James New, indeed the Whole facts before the Court shew that the Prisoner is a transported felon, transported to Van Diemen's Land from England, and that her sentence has neither expired nor been remitted; she is therefore a transported felon, found at large in N e w South Wales. It is true that she has been permitted to follow her husband and master to this Colony by the Governor of Van Diemen's Land; but I am constrained to hold that such permission was not within the power of the Governor of that Colony to grant; and, while I am anxious to do justice to the humane intentions which induced His


Excellency to extend this indulgence to the Prisoner, it is a duty 1829. which I owe to the seat in which I am placed, to state my opinion .20 May. freely and fully upon this important question of penal law. Q . .—r The Acts of Parliament for the transportation of convicted felons FPForbes ea

are the only guides to be followed by the Court. Now these Acts Parte Jane Xew-authorize His Majesty's Secretary of State to appoint a place, to which transported felons may be sent, and provide for such felons being conveyed to such place, and there subjected to a certain discipline and to the summary jurisdiction of the local authorities; and, in order to prevent their escape, it is made a misdemeanour in any person to aid or assist in such escape. The whole of the provisions of the acts have a clear and exclusive reference to the original place of transportation, selected by the Secretary of State (2 Barne and Aid. 262). When -therefore a Prisoner, who is transported to one Colony, is permitted to remove to another Colony, such Prisoner is no longer within the Provisions of the Acts of Parliament; he is not transported to such other Colony, and consequently not subject to the summary jurisdiction of the Magistrates; he has never been assigned to the Governor of such Colony, and consequently the Governor can transfer no property in his services; he is not within the Acts of Parliament, as with reference to the Colony to which he has removed. The fact of his being a convicted felon does not in itself subject him -to the legal consequences of the transportation Acts; those Acts are very particular in their details; they must be strictly followed; and, where they are silent, there is no law. I feel therefore no difficulty in holding that the Prisoner Jane New is unlawfully at large in this Colony; and however she may not be subject to the local authorities, to be dealt with in all respects as a Prisoner from England to this Colony, yet as the Supreme Judges of the Land, and the Administrators of the laws of the empire, against which we find this person offending by being at large in this Colony, contrary to the provisions and the whole policy of the A.cts for the transportation of Offenders to these Settlements, we feel ourselves bound to remand her to the custody of the Government for the purpose of being sent back to Van Diemen's Land, the place of her original and unsatisfied term of transportation.

FRANCIS FORBES.

Ex PARTE JANE NEW.

MR. JUSTICE STEPHEN delivered his opinion to the following effect:— concurrence of I entirely coincide in the view taken of this case by His Honor "j pln'jon

the Chief Justice. by F. Forbes. He has gone so fully into the subject that I think it unnecessary

to add any thing to what has fallen from him. I think that the Prisoner Jane New under the circumstances must be remanded.

J O H N STEPHEN.

Ex PARTE JANE NEW.

MR. JUSTICE DOWLING delivered his opinion to the following effect:— opinion by On a former day in this Term, the Court, at the instance of the êlamXew

Prisoner's Husband, granted a Writ of Habeas Corpus directed to v

the Matron of the Female Factory at Parramatta Commanding her to bring up the body of Jane New into this Court; The body of the •Prisoner having been brought into Court on Wednesday last, it


1829 appeared from the Documents and Evidence then produced, that 20 May. she had been tried by the name of Jane Henrie, alias Maria Wilson, . at the Chester Quarter Sessions in April, 1824, and Sentenced to

>PDowling ex Seven Years' transportation, and was accordingly transported to-arte Jane New. Van Diemen's Land, at which Island she arrived in 1825. On the

24th of July, 1826, she was married to James New with the consent of the Lieut. Governor of that Settlement, by whom she was duly assigned to the same James N e w as his Servant. On the 26th of September, 1827, the Lieut. Governor granted permission to the Prisoner to proceed with her Husband to Sydney. On the 5th of January last, she was tried in this Court for a Capital Offence committed in Sydney on the 18th December, 1S27, and Sentence of Death was ordered to be recorded, and there-upon she was remanded to Sydney Gaol. The Judges of this Court know Officially that an objection was afterwards made to the validity of the Conviction in point of Law, and after due deliberation they felt themselves bound to declare the Conviction void.

It appears now that the Prisoner on the 19 of February last was, by virtue of an Order of His Excellency the Governor, removed by the Sheriff from Sydney Gaol to the Female Factory at Parramatta, in which place she was in confinement at the time of the issuing of the writ of Habeas Corpus. In an affidavit made by the Honble. the Colonial Secretary, it was stated that the Prisoner had never been assigned by His Excellency the Governor of New South Wales to any Individual whatever, and that, she having been transferred by the Governor of Van Diemen's Land to this Colony, His Excellency the Governor had been pleased to revoke the Assignment previously made of her to her husband by the Lieut. Governor of Van Diemen's Land, and had directed her to be sent to the Female Factory at Parramatta, a Government Establishment appropriated to the reception of Female Prisoners of the Crown. Under these circumstances, the question is whether the Court

has any Authority to discharge the Prisoner. I a m clearly of opinion that we have no authority to discharge

the Prisoner, and that, by virtue of the paramount ministerial jurisdiction of this Court, we are bound to remand her as a Prisoner of the Crown, at large without lawful authority, and to direct that she be removed to Van Diemen's Land whence she came, there to be dealt with according to Law. It is admitted on all hands that this Prisoner is a Convict Felon,

having been sentenced by a Court of competent Authority in the Mother Country to be transported to such place beyond Seas, as His Majesty by and with the advice of his Council should direct and Appoint for the Term of Seven Years. It appears that His Majesty had appointed Van Diemen's Land as the place to which the Prisoner should be transported, and thither she was transport accordingly. Her home Sentence will not have expired until the 26th of April, 1S31. Whilst at Van Diemen's Land, she was allowed to intermarry with James New, to whom the Lieut. Governor of that Island had authority to assign her as a Servant by virtue of the transportation Act, 5 G. 4, Cap. 84, S. 8, and it is sworn that she was duly assigned to the Husband accordingly. On the 26th of September, 1827, the Lieut. Governor gave the Prisoner permission to accompany her Husband to Sydney. Doubtless this permission was given from motives of mercy to the Prisoner; but I apprehend that the Lieut. Governor of that Island had no Authority by

D A R L I N G T O M U R R A Y . 773

Law to grant such permission. The Prisoner was indented as a 1829. Convict transport to Van Diemen's Land, there to remain until her 20 May. Sentence should expire. By the 44th Sect, of the 4 Geo. 4, C. 96, 0„-ni~j~ Authority was given by Parliament to His Majesty to erect the j.Dowling ex Island of Van Diemen's Land into a separate Colony, independent parte Jane New. of the Government of N e w South Wales. It is known, as matter of history, that such separation has taken place and that the juris-rdiction of the two Colonies are separated to all intents and purposes. Therefore, although the Lieut. Governor of Van Diemen's Land had authority to assign the Prisoner to. her Husband as his Servant, yet it appears to m e he had no power to allow her to accompany him to New South Wales, a place entirely out of his Government. Her coming here was in Law an escape from Van Diemen's Land, and the Lieut. Governor's permission would be no defence in Law to an Indictment for such escape, altho' it would certainly be a good reason for exempting her from punishment. The practice of allowing Prisoners of the Crown to go from one Colony to the other, were it generally sanctioned, would lead to the greatest possible inconvenience. As the Magistracy of both Colonies have each a separate and exclusive jurisdiction, There would be no power of dealing summarily with persons of this -description, guilty of Offences in the Colony to which they did not properly belong, and consequently that system of discipline, provided by the Legislature for the Government of the prison population, would become inoperative in such cases. There are other reasons not necessary now to point out, which would further prove the inexpediency of sanctioning such a practice. It appears to me, however, that, as the removal of this Prisoner to this Colony was not lawful, she may be treated as a Runaway Prisoner of the Crown from A'an Diemen's Land and returned to that Colony until her original Sentence shall have expired.

Viewing the case in this light, it is unnecessary to give any Opinion as to the sufficiency of the return to the Habeas Corpus and Affidavits thereon, to authorise her detention in the Factory at Parramatta on other grounds. It does not appear that she has been treated there with any degree of unnecessary restaint, and, for anything that appears to the contrary, she may have been sent there for better accommodation than the Gaol of Sydney would afford until she could be removed to Van Diemen's Land, whither I am clearly of opinion, she may be sent for the reasons I have stated. In the course of the discussion of this case, a question incidentally

.arose of very great importance, namely, -as to the construction to be put upon the 9th Sect.* of the new Act 9th Geo. 4th, C. 83, touching the Governor's power of revoking assignments of Crown Prisoners made under the 5th G. 4, Cap. 84, Sect. 8. In this particular case, the construction of that Section of the

Statute does not distinctly arise, because I take it to be perfectly •clear that at all events it is not within the power of the Governor •of New South Wales to revoke at Sydney an Assignment made at Hobart Town by the Lieutenant Governor of Van Diemen's Land, of a Prisoner of the Crown transported from the United Kingdoin to that Settlement. Such a revocation, I conceive, could only be made at Van Diemen's Land by the Lieut. Governor of that Colony. In this case, I should have been strongly disinclined to give any opinion upon the construction generally of the 9th Sect, of the

* Note 219.


1829. Statute alluded to, because it does not properly arise; but, inas-20 May. much as the question has been pressed upon our attention on both ;—~ sides, and the Opinion of. the Court urgently sought for by the

jPDowiin» ex L a w Officers of tlie Crown, I feel no hesitation in giving my prepare Jane°New. sent views upon it, although it is a matter which may possibly re

quire hereafter more advised consideration. Before, however, I address myself to the consideration of the par

ticular provisions of this Section, it may not be amiss to advert generally to the nature and consequences of the punishment of Transportation from the Mother Country to these Settlements. I take it to be perfectly clear from all the Statutes, passed upon this subject, that two leading consequences flow from this punishment, first, to subject the Offender during the period of his banishment to ordinary Labour, but to no greater degree of restraint than is necessary to the due performance of such Labour; and, Secondly to vest absolutely the property in his Labour in the Governor of the Colony for the time being, or in his (the Governor's) Assignee, for such time as the punishment of Transportation is to continue. These results are to be collected from the Statutes* 4 Geo. 1st, C. 11, 8tb Geo. 3, C. 15, 43 Geo. —, C. 15, 56 Geo. 3rd. C. 27, and 5th Geo. 4, C. 84. By the 8th Section of the last mentioned Act, it is enacted that, " as soon as the offender shall be delivered to the Governor of the Colony, the property in the Services of such Offenders shall be vested in the Governor, and it shall be lawful for the Governor, whenever he shall think fit to assign any such Offender to any other person, for the then residue of his or her term of Transportation, and for such Assignee to assign over such Offender and so on as often as may be thought fit, and the property in the Service of such Offender shall continue in the Governor for the time being, or his assigns during the whole remaining term of Life or Years, for which such Offender was sentenced or ordered to be transported." Until the passing of the late Act of Parliament 9th Geo. 4th,

Cap. 83, S. 9, the Governor's Assignee of a Transported Convict had an absolute indefeasible property in the Services of the Transport as long as the remainder of his original Sentence endured, I know, until then, of no authority anywhere in this Colony to cancel such Assignment without the Assignee's consent. The Service of a Convict would indeed be suspended during the operation of a Colonial Sentence for punishment for an Offence here committed, but the legal effect of the Assignment would remain untouched. Then what alteration in the Law has the 9th Geo. 4th, Cap. 83, S. 9 made? Looking to the spirit of that clause, it is quite obvious that one important object of the Legislature was to meliorate the condition of the transport, and to endeavour by lenient means to effect a reformation in his habits. It is matter of history that, in former times, it was not an uncommon thing for the Assignee of a Convict Servant to sell his Services or assign them to another person for pecuniary consideration. It often happened that a Convict Servant was Assignee to a harsh, immoral or otherwise improper Master. Hence arose the Ticket of Leave system, a system which had no legislative Authority for its support, but which was certainly productive of much good in improving the condition of the Prisoner, and holding out to him a strong incitement to good behaviour. I venture to presume, however, that it never could have been the intention of the Legislature in passing this Section to give an absolute and indisputable power, without cause assigned and adjudicated

* Note 220.


upon, of divesting the Assignee of a Convict Servant of the property 1829. in his Services vested by the Act of Parliament. 20 May., Before proceeding farther, I shall advert to the terms of the opinion by

Enactment. J. Dowling ex It first recites the 8th Sect, of the transportation Act 5 Geo. 4. Parte Jane New-

C. 84, to which I have already referred, and then proceeds to make two distinct alterations in the Law, first, it Enacts " That any Offender, who hath heretofore been, or shall hereafter be Assigned to any person or persons within the said Colonies respectively, under and in pursuance of the said Act, shall not by any such Assignee -or Assignees be Assigned over to any other person or persons, except with the written consent and License of the Governors of such Colonies respectively." This is a material qualification of the right of property of the

Master in the Services of the Convict, but a most salutary alteration in order to prevent the abuses arising from the previously unlimited power of transferring the services of a prisoner from person to person as matter of Sale, barter or Letting. There is here a positive prohibition of that system. It is founded on a Spirit of humanity and justice towards that class of persons, w h o m the policy of the L a w has laid under the restraints of obligatory servitude, but which has, at the same time, considered reformation as an important object of punishment. Secondly. It enacts " that it shall and may be lawful for the

Governors of the said Colonies respectively, from time to time as to them shall seem meet, to revoke any such Assignments of Offenders as may have been or as shall hereafter be made in pursuance of this Act, and to grant to any Offender or Offenders transported to the said Colonies, such temporary or partial remissions of their sentences, as to such Governors may seem best adapted for the reformation of such Offenders, and such temporary or partial remissions from time to time to revoke and renew as occasion may require." I apprehend that this second branch of the clause is to be con

strued and considered by reason of its punctuation, as one substantive Enactment, having one common object in view, that is, to give a power of revoking assignments for the merciful purpose of granting such temporary remissions of Sentence as may seem best adapted for the reformation of Offenders; A very wide discretion is certainly thus given; but, mercy and tenderness with a view -to the Amendment of the transported Offender being apparently the sole object of the Legislature, it is a discretion, the exercise of which might be safely and beneficially entrusted to those who -are called upon to act upon it. At the same time, this discretion, I apprehend to be analogous in principle to the discretionary power of a Court of Justice, which, as Lord Mansfield says in the King v. Willis 4, Burr. 2,539 means, " Sound discretion guided by Law. It must be governed by rule, not by humour; it must not be arbitrary, vague, fanciful, but legal and regular"; and again by Lord Kenyon in Wilson v. Rastall, 4 Term Reports 737, " The discretion, to be exercised by a Court or a Judge, is not a wild but a sound discretion, and to be confined within those limits, jvithin which an honest man. competent to discharge the duties of his Office, ought to confine himself."

I cannot collect from this branch of the Section that the power of revoking Assignments was intended as a means of punishing the


1829. Master, or visiting him without cause, suggested with the loss of his 20 May. Assigned Servant's Services. If this had been the object of the . .—— power, it is highly probable that the Legislature would in its cau-

j Dowling ex tionary wisdom have introduced some provision to that effect, parte Jane New. especially when w e consider the jealousy with which the Legisla

ture invariably protects the private property of the King's subjects from invasion by means not recognized toy the common Law of England. The Legislature, I apprehend, regards the property of the Master in the Services of his Assigned Servant as inviolable, and not to be divested without reasonable cause. What that cause is, must be left to the honest and sound discretion of those who are to judge of it; but, looking to the spirit of this Section, it must when exercised always have reference, as I conceive, to the reformation of the transported Offender. Parliament having given this Authority to the Governor, it ap

pears to m e that, from its very nature, it ought to be exercised sub modo; that is, in such a way as is consentaneous with the rights of the subject. It implies solemn enquiry and adjudication by means known to the L a w of the Land. The Authority is created, but must be exercised in a manner agreeably with the scope and principal of municipal L a w ; I take it to be a sound legal principle that all powers of this nature, so deeply affecting private proverty, should be exercised by persons who are responsible to the Law for any abuse or misuse to which they may be exposed. His Excellency the Governor's high office, I apprehend to be purely executive and not judicial. Parliament has devised an obvious as well as easy mode of placing the exercise of this power upon a proper constitutional footing, which, whilst it relieves His Excellency from the very great difficulty not to say unseemly odium, which the personal exercise of such a power would necessarily subject him, at once reduces its exercise to legal certainty, regularity and responsibility. The means, I allude to, are in the hands of the Local Legislature. By passing an Ordinance in Council, this jurisdiction may with great propriety be cast upon the Magistracy, who under proper Regulations may constitutionally and legally carry the intentions of Parliament into effect. In order to shew the good faith of the Legislature with respect

to the effect of an Assignment of the Services of a transported Offender, this provision will be found in the transportation act 4 G. 1st, C. 11, S. 2 (now repealed), namely " That His Majesty may at any time dispense with such transportation and allow the Offender to return, he paying his Owner a reasonable Sum to be adjudged by two Justices of the place where his Owner dwells." This shews that the Legislature at that time considered that the

Assignee of the Governor had an absolute right of property in the Services of the Prisoner, not to be divested without compensation. Although the former transportation Acts have been repealed by

the 5)th Geo. 4, C. 83; yet I apprehend w e are at liberty to look at them, as being in pari materia with the section of the Act now under consideration, and that we are bound to give such an interpretation as is most consonent with the wisdom and justice of the Legislature. It is a maxim in the construction of Acts of Parliament, affecting private as well as public rights, " that, where the object of the Act is to impose a burthen or to take away a right, such Language must be proved to have been used, as shews most unequivocally that it was the intention of the Legislature that the

TWISS TO DARLING. 777

burthen should be imposed and the right taken away." Rex v. the 1829

Dudley Canal Company, 7 Dowl. and Ryl. 476. 20 May. There may be cases in which an inconsiderate exercise of the 0Dinic7rv

power thus given would be productive of great hardship and in- j. Dowling ez justice. Suppose the Master of an Assigned Servant has taken parte Jane New. unusual pains in instructing his Servant in a difficult art, requiring great skill, with a view to have the future benefit of his industry; I apprehend that, before the assignment could be cancelled, it ought to be made manifest that the reformation of the Servant was the Sole purpose to be effected, or that the Master had done something that ought to subject him to the forfeiture of his Assigned Servant. It is however unnecessary to point out other instances, in which hardship or injustice might be produced through an indiscreet and irresponsible exercise of the power thus given. Injury to the Master appears not to have been contemplated by the Legislature, for it cannot be supposed that -the right of the Master to the Services of his Assigned Servant was meant to depend upon an Arbitrary and undefined discretion, governed by no certain Rules of conduct, and guided by no avowed cause. To hold such a doctrine would be pregnant with the most serious inconvenience, both to the Master and to the Servant, by leaving to uncertainty and insecurity that bond of protection on the one hand, and of dependence in the •other, which is so essential to the well-being of domestic Life. As at present advised, I entertain a very clear opinion upon the

construction to be put upon this Section; but should the question be hereafter brought under the consideration of the Court in a more formal shape, I reserve to myself the opportunity of a more deliberate judgment than this ease has afforded me of forming. I have, however, felt myself at liberty to take this general view of the subject, in consequence of our attention being invited to it by the learned Counsel on both sides. With respect to the case of the Prisoner now before the Court,

I am of Opinion, for the reasons already given, that she must be committed to the Custody of the Sheriff, until she can conveniently be returned to Van Diemen's Land, the place of her Original Transportation. JAMES DOWLING.

U N D E R SECRETARY TWISS TO GOVERNOR DARLING.

(Despatch per ship John.)

Dear Sir, Downing Street, 21 May, 1829. 21 May. The enclosed letter from a Prisoner at New South Wales, Transmission

named F. Van Lahsbusch, who appears to have been trans- F. yan ported to that Colony for a Capital offence committed at the Cape Lahsbusch.

of Good Hope, has been left with Sir George Murray by Baron

Bulow, the Prussian Minister.

The case of this Prisoner, if true, and we have no reason to Recommend-

doubt the accuracy of his story, is a very distressing one; and Sir fndu"g°nCe. George Murray is therefore induced to bring the circumstances respecting the Prisoner under your notice, with the request that you will shew any indulgence to the unfortunate man of which


1829. ' 21 May.

Petition of F. van Lahsbusch for ticket of leave.

his conduct, since he has been in New South Wales, shall have rendered him deserving, and which it may be in your power, consistently with the Regulations, to afford to him.

I am, &c, HORACE TWISS.

[ Enclosure.!

MR. E. VAN LAHSBUSCH TO EIGHT HON. W. HUSKISSON.

Right Honorable Sir, New South Wales, 13 March, 1S2S. If an unfortunate Man dare to approach your exalted per

son, permit me then, Right Honble. Sir, the honor of doing so thro' the kind medium of His Excellency, the Embassador of His Majesty the King of Prussia, whose natural subject I am, Craving at your benevolent heart that charitable commiseration of my circumstances which by a short recital of the same Your Rt. Honble. might deem fit. In the year 1809, I entered His Majesty's Service as an Ensign

in the 60th Regt., and joined the Army in Portugal under the command of His Grace the Duke of Wellington; after the battle of, Busano, I was promoted to a Lieutenant, returned to England, and went out to the Cape of Good Hope in the 1st Battln. of that Regt. After the General Peace, I remained at the Cape, where, in 1825, I married a poor Orphan Child a native of that Settlement then only 16 years of age; she had two younger sisters equally poor whom I took under my protection, they having no friends or relations to save them from want. My half pay being insufficient to maintain us four, I formed the Resolution to leave the Cape and embarked on the 1st June, 1826, on board a Vessel, called the Nautilus, bound to the Isle of France, where I had hopes of getting a small situation under Government; otherwise it was decreed in Heaven. Not having had sufficient means to defray the expense for such a Journey, I obtained from a person in Cape Town the Loan of £25. I imagined that Person to be my friend; being at Anchor in Table Bay and waiting for a fair wind, a violent Hurricane from the N. West came up, we lost all our Anchors, and in the night from the 4 hr. to the 5 hr. wrecked. Myself and family escaped the fury of the waves toy a rope, by which we got on Shore, but lost all our little property; but alas! this was only a prelude to what followed. The friend above stated, on hearing of my disaster, presented his

note to me for payment; how was I, how could I pay him in the destitute state I was then in; I begged, I entreated for patience, but nothing would satisfy the wretch, but the sacrifice of my unfortunate young wife; that was more Right honble. Sir than I could brook; despair became master of Reason; I saw my unfortunate young wife and family on one side, an open Prison on the other; I took with a trembling hand some paper and Ink and committed a Forgery of £25, which I discounted; but, cold reason returning after I had committed the fatal Act, and only one hour having elapsed, I took the Money so ill begotten and went to take my note up again but too late, it was already in the Hands of the Fiscal. I was tried and, although in my 54 year, I was condemned to 14 years' transportation. The goodness of his honor the Acting Governor of the Cape, Major

General Bourke, permitted my poor wife to proceed with me on board a prison ship, which then touched at the Cape called the


Mariner, Captain Mores-worthy, and she came on board the day after 1S29. me with a few Articles of wearing Apparel, which Benevolent people 21 May. had assisted her with, and her two Orphan Sisters; Speechless I p tit~~s stood thanking the Almighty for his goodness in not depriving me F.evan°n' of my dear wife; but short was my Joy; the Captain came on Lahsbusch for Deck and told me I must send my wife on Shore again to have ticket of leave. the word permission in the written Document, which she had received from His Honor the Acting Governor, changed to the word Order; she went to execute his injunction, but was hardly out of sight, when he got up the Anchor and sailed out. Unfortunate, helpless young wife, her all came away with me, and three innocent Beings are left without father, Mother, or friends to expiate crimes I committed. If then, Rt. Honble. Sir, the above Statement should have made

an impression on your benevolent heart, permit me then most submissively to appeal to your Rt. Honble. as a father, Husband, and Christian, and to intreat that, if no other, the indulgence of a Ticket might be granted to me to enable me as much as it lays in my power with the blessing of God by industry and honesty to support the innocent victims of my faults. May the Almighty then grant the petition of a sincere repentant Sinner, and that of the innocent Beings to shower his Blessings upon your sacred head, and to give your Rt. Honble. a long and prosperous life.

F. VAN LAHSBUSCH.

GOVERNOR DARLING TO SIR GEORGE MURRAY.

(Despatch No. 62, per ship Vesper.) Sir, Government House, 21st May, 1829.

The expected arrival of His Majesty's Warrant for ap- Despatches pointing a Legislative Council under the Act of the 9-th year of acknowledged. His Majesty's Reign, ch. 83d, has prevented my acknowledging before this, the receipt of your two Despatches of the 31st of July, 1828, one marked " Separate," the other Numbered 17, transmitting the Act of Parliament above referred to. I have now the honor to acquaint you that those despatches Non-arrival

were received here on the 24th of December last,, but that the for™gisiative Warrant* appointing a Legislative Council has not yet arrived. council.

I have, &c, RA. DARLING.

U N D E R SECRETARY TWISS TO GOVERNOR DARLING.

(Despatch per ship John.) Sir, Downing Street, 22d May, 1829. 22 May.

I am directed to acquaint you that Mr. R. Therry, who, Advance of as you were informed by Sir George Murray's Dispatch of the Therr'y. 20th Ultimo, has been appointed to the Office of Commissioner of the Court of Requests in New South Wales, has received an advance of £133 6s. 8d. on account of his Salary.

I have, &c, H O R A C E TWISS.

* Note 221.


1829. 22 May.

Transmission of report.

Report on wine in commissariat stores.

GOVERNOR DARLING TO SIR GEORGE MURRAY,

(Despatch No. 63, per ship Vesper; acknowledged by Sir George Murray, 10th December, 1829.)

Sir, Government House, 22nd May, 1829. I request your attention to the accompanying Copy of a

Report of the Surgeon at the head of the Hospital Staff with respect to the inferior description of Wine which is put on board the Convict Ships for the use of the Sick.

I have, &c., RA. DARLING.

[Enclosure.] •

REPORT BY SURGEON.

THIS is to certify that, in consequence of a representation of Colonial Assistant Surgeon Cooper, I examined the Wine in His Majesty's General Provision Store, Sydney, and I am of opinion that it is not of a quality sufficiently good to issue to sick people, and I would recommend that Wine of a better description should be procured for their use. It was stated by Mr. Wilson C.C. in charge that it is the same

wine usually put on board Convict Ships and received by him as what remains after the Voyage. What I have seen, however, is of so very inferior a quality as to be quite unfit for the purpose for Which it is given out.

DON. MACLEOH, Surgeon to the Forces, His Majesty's General Provision Stores, Sydney, 4th May, 1829,

SIR GEORGE M U R R A Y TO GOVERNOR DARLING,

(Despatch No. 112, per ship John.)

23 May. Sir, Downing Street, 23 May, 1829. Proposed A Convict named " Richard Newton " is now at Barbadoes, of convict from under Instructions to be transported at the option of the As-Barbadoes. sembly of that Island, who are to defray the expense, either to

Bermuda, New South Wales or Van Diemen's Land; and, if their choice should fall upon the Colony under your Government, you will be pleased to give orders for the reception of Richard Newton. I am, &c,

G. MURRAY.

Application by A. M. Baxter to purchase land.

GOVERNOR DARLING TO SIR GEORGE M U R R A Y .

(Despatch No. 64, per ship Vesper; acknowledged by Sir George Murray, 11th December, 1829.)

Sir, Government House, 23rd May, 1829. I have the honor to refer to you the application of Mr.

Attorney General Baxter to be allowed to purchase 8,840-Acres of Land.


The circumstances are as follows:—Mr. Baxter, soon after his 1829. arrival, received the usual Grant of 2,560 Acres. Some, time 23 May-after this, he applied for permission to purchase a further quan- Application by tity, when I informed him personally that Instructions, which purchase land. I had recently received from you, deprived me of the power of determining on the applications of the Civil Officers for Land, and the enclosed correspondence then took place.


[Enclosure No. 1.]

MR. A. M. BAXTER TO COLONIAL SECRETARY MACLEAY.

Sir, Apsley Lodge, Sth September, 1828. I have the honor to transmit with this letter an Application

to His Excellency for permission to be allowed to rent 5,000 Acres of Land with a view to eventual purchase. The grant given me by His Excellency, I find is too small for my Reasons for

Cattle and Sheep, especially too, as it is constantly liable to the application. Encroachments of neighbouring Stockmen, who, without any right or Authority from Government, are depasturing large Herds of Cattle and Sheep in the immediate neighbourhood of my Grant. Should the Governor Comply with my request, I am desirous of

renting Land (although of an inferior quality) immediately adjoining my Grant, as Mr. Chapman, who has intimated his selection of two Sections near me, has agreed (for £70 a Year and a House etc.) to Superintend my Farm and Stock, etc. I have, &c,

A. M. BAXTER.

[Sub-enclosure.] APPLICATION* of Alexander McDuff Baxter of Sydney for Permis- Application by

_ -r t • i • -i T» -i A. M. Baxter

sion to Rent Land with a view to eventual .Purchase. to rent land Sir, Dated purchase.

I beg you will be pleased to submit to His Excellency the GOVERNOR my request that I may be permitted to rent, until the same can be put up to Sale (5,000) Five Thousand Acres of .Land, under the Regulations contained in the Government Order, No. 35, dated 5th September, 1826. I am now in Possession of Land to the following extent, viz.:—

By Grant 2,560 Acres By Purchase of the Crown By Reserve By Private Purchase, Gift or Inheritance

Total 2,560 of which Acres are cleared. I also possess Live Stock as under, viz.:— Horses 2 Head. Horned Cattle lJi° Sheep 500

And available Money Capital to the Amount of Five Hundred I possess Buildings on the Lands, of the following description and value, viz.:—A Hut and Stock Yard of the usual Value. » Note 222.


I have completed Miles of Fence, and have employed and maintained, during the last year, Ten convict and part of it, two free Servants, and have otherwise fully complied with the conditions annexed to the above Lands.

I have the honor to be, Sir, Your obedient humble Servant,

A. M. BAXTER.

[Enclosure No. 2.]

MR. A. M. BAXTER TO COLONIAL SECRETARY MACLEAY.

Sir, Apsley Lodge, Sydney, 7th November, 1828. Being desirous to purchase six sections of Land adjoining

two sides of that, which I have reported as my selection on Williams River, I have the honor to request that you will be so good as to move the Governor to order these Sections to be reserved, until they can be put up for sale, and further that you will obtain for me, in that case, His Excellency's permission to bid for them. The description of the sections is as follows:— Two Sections contiguous to the Eastern Boundary; the two Sec

tions adjoining the Northern Boundary; the Section between these at the North East of the Land, I have already selected as a Grant; and the Section adjoining the South East corner of the same selection, the whole lying and being situate in one continuous tract at some distance from Williams River. j have &c

ALEXR. M. BAXTER.

[Enclosure No. 3.]

COLONIAL SECRETARY MACLEAY TO MR. A. M. BAXTER. Sir, Colonial Secretary's Office, 31st January, 1829.

Refusal of With reference to your application of 8th September, 1828, requests. for permission to rent with a view to purchase (5,000) Five Thou

sand Acres of Land, and also to that of the seventh of November, for the purchase of (3,840) Three Thousand Eight Hundred and Forty Acres, adjoining your Land on Williams River, I am directed by the Governor to inform you that it is not in His Excellency's powTer to authorise your receiving any more Land than you are already in possession of, But that, if you wish it, His Excellency will refer your application to the Secretary of State.

I have, &c, ALEXB. MCLEAY.

[Enclosure No. 4.]

MR. A. M. BAXTER TO COLONIAL SECRETARY MACLEAY. Sir, Apsley Lodge, Sydney, 30th April, 1829.

Delay in It was only the other day in a conversation I had with you receipt of on the subject of Land that I learnt that a Letter, bearing date the letter. 3lst or j a n u a r y iast( fo^ D e e n forwarded to me by the desire of His

Excellency the Governor, in reply to two prior Applications made by me of date 28th September and 7th November, in which His Excellency states that, by a late Regulation, I cannot be allowed to become a purchaser of Land, in addition to that which His Excellency has been pleased to grant me on the Williams River. I beg to state, for the information of His Excellency, that the Letter

1829. 23 May.

Application by A. M. Baxter to rent land with view to purchase.

Request for reserve of sections with view to purchase.


alluded to never reached me until two Months after it was recorded 1829. in your Office, and that I conceive this to be a solitary instance, in 23 May. which any similar delay has occurred in the transmission of any communication from the Colonial Secretary's Office to my Chambers. As His Excellency grounds his refusal to allow me to purchase

a few Sections of Land adjoining my Grant on recent Orders* from His Majesty's Secretary of State for the Colonies, which prohibits Civil Officers from having Grants of Land, I beg to submit for His Reasons for Excellency's consideration that such an order cannot be intended non-application to -affect myself on several grounds. ° or<Jers-1. Because no order can be retroactive. 2ndly. That, in my case, the object which the Home Government

had in contemplation has already been frustrated ; and Lastly. That, as the consequences would be extremely injurious to

me, I have a strong claim to urge them in my behalf in a equitable point of view. 1st. No Law or Order can be retroactive, unless it can be shewn Orders non-

on the face of it that there is some necessity for its adoption. retrospective. In my case, there can be no such necessity, from my having

already obtained a Grant of 2,560 Acres of Land from His Excellency, over which I have placed an experienced Overseer with an Income of £70 a year, who can as easily Superintend an Estate of 5,000 Acres, as he can the Grant of which he has now the Charge (on which subject I beg the benefit of your Opinion, founded on an intimate acquaintance with the affairs of the Colony). 2ndly. That, supposing the retroactive Order was intended by

His Majesty's Secretary of State to apply to all Civil Officers, in my case the effect of it would toe frustrated by the grant which I have already received; and on which, on Erections, etc., I have expended improvements £500, a Sum which would be lost to me, were not an additional por- effected because tion of Land allowed, having built a Dwelling House and dairy, °igMPtPo°Se

erected Stock Yards and Fences, etc., under the impression that I purchase. had, in common with every other Settler, the right to Rent with a view to purchase a few Sections adjoining my Grant. Indeed the Local peculiarity of Situation of my Grant, situated in an Amphitheatre entirely composed of grazing Land, would, were it approached by any other person as a Neighbour, render it of little value from the ruinous expense that would be incurred in erecting Boundary Fences. In corroboration of this fact, I would appeal to Mr. Hanley and Mr. Townson, whose Farms adjoins, and who have already stated .that, without a few additional Sections, the Grant, which I now occupy, would be of very little value. Lastly. With regard to a claim in Equity which I have on His Equity of claim

Majesty's Government, I may remark that my Overseer, who is an to purchase. extremely skilful person, has done more to make Improvements on my Grant during the short space I have held it than any other Settler in the Colony. With regard to Stock, I think I may make a strong appeal to His Result of

Excellency in reference to the Situation in which I am placed, financial owing to my support of a Civil Officer in high estimation with the MI officer Governor, whose affairs have become deranged, and for whom, in consequence, I have been forced to incur a pecuniary obligation of £550 at a very high rate of interest, for which the only security I could receive for the amount was derived from the purchase of his Horses and Cattle at a high price and at a time too, when they were unsaleable.

» Note 223.


1829. 23 May.

Former reference to claim.

Land reserved for F. N. Rossi.

Decision of R. Darling.

Letter acknowledged.

Application to be transmitted to England.

I have further the honor to state that, in addition to m y Application by the Letters already mentioned, several Months prior to the arrival of the said Order from home, I furnished, nearly about the same time, Mr. de la Condamine with a sketch of the Country adjoining m y Grant, with a written request that, when the Governor (then at Parramatta) should take into his consideration the claims of the various Applicants for Land, His Excellency should be informed of the peculiar Situation of m y Grant,

I have positively the honor to state that, at the very same time, a chart of the District adjoining his Grant of Land was presented to the Private Secretary by Captain Rossi, and that it is within my knowledge that the request has been allowed, and that Captain Rossi has been permitted to retain four Sections with a view to purchase.

I cannot therefore pursuade myself that His Excellency did not dicide virtually in favor of m y Application prior to the arrival of the Order from the Secretary of State; still less, that he should suffer that one M a n shall succeed and another fail, merely through official delay or irregularity; And I therefore confidently hope that, when m y case, which is different from all others, is clearly understood by the Governor, H e will, with his wonted impartiality, allow me to bid for the purchase of the Land and to occupy it, as it adjoins m y own, according to the Regulations in that respect. I beg you will favour m e with an early reply. I have, &c,

A. M. BAXTER.

[Enclosure No. 5.] COLONIAL SECRETARY MACLEAY TO MR. A. M. BAXTER.

Sir, Colonial Secretary's Office, 16th May, 1829. I have duly received and submitted to the Governor your

Letter of the 30th Ultimo, referring to mine of the 31st January, in which you were apprised that it was not in His Excellency's power to authorise your receiving more Land than you were already in possession of.

In reply, I am directed to inform you that, as His Excellency is not authorised to exercise any discretion in this case, it would be unavailing to enter into the arguments you have made use of, but to observe, with reference to the case of Captain Rossi, to which you allude, that the authority for purchasing Land was granted to that Officer before the arrival of the Instructions not to allow Land to the Civil Officers of the Government. His Excellency will however forward your application to the

Secretary of State, who alone under present circumstances can comply with it. I have, &c,

ALEXR. M C L E A Y .

SIR GEORGE MURRAY TO GOVERNOR DARLING. (Despatch No. 113, per ship Guilford.)

25 May. Sir, Downing Street, 25th May, 1829. Despatches I have had the honor to receive and to lay before the King acknowledged, y o u r despatches of the dates and numbers enumerated in the

margin.*

* Marginal note.—No. 15, 11th Feby., 1828; No. 49, 27th March, 182S; No. 54, 30 March, 182--8 ; No. 60, 31 March, 1828.

M U R R A Y TO DARLING. 785

The importance of the subjects to which these Despatches 1829. relate, added to the weight of other more pressing business, has 2S May-occasioned a delay, which it was out of m y power to avoid in Delay in reply conveying to you His Majesty's C o m m a n d in answer to them. t0 despatches-In considering the different questions upon which you have

solicited Instructions, it may perhaps be convenient that I should notice them in the order in which you have brought them forward.

1st. With regard to the Stipends and other means for the support of the Clergy.

The Archdeacon and yourself agree in thinking that the Clergy are not adequately provided for, and, although you differ as to the mode in which it m a y be proper to increase their remuneration, your views in principle appear to be nearly the same. The Arch- Proposals re deacon proposes* either that the Income of the Clergy should be e

SitePey'by0Revd regulated by a scale founded on length of Service, combined with T. H. Scott; the number of Souls in the Parish of which the incumbent has the charge, or that every new Chaplain should commence with a Salary of £400, receiving a Grant of 1,280 Acres at the end of five years, and another Grant to the same extent at the end of ten years, together with an increase of £200 to his Salary. To both of these Schemes, it appears that you object; to the

first, as being too complicated, besides other inconsistencies which you point out; to the second, because you think that the Clergy should not hold lands; and you substitute a plan by which every and by Chaplain should commence with a Salary of £400 a year, to be R- DarllnK-increased by the addition of £100 at the end of seven years, and by the addition of another £100 at the end of fifteen years. Tou propose also, as the above scale of remuneration would not enable the Clergy to provide for their families, that their Children should receive Grants of land from the Crown in the following proportion, viz., three square Miles or 1,920 acres to each of the sons on their attaining the age of 19, and binding themselves to settle on the land, and two square Miles or 1,280 acres to each of the daughters, as a portion on their attaining the age of 18; thus rendering the M e n a respectable class of Settlers, and affording to the women a better prospect of marrying suitably to their condition in -life. The objection, which I entertain to the Archdeacon's scheme, objection to

so far at least as relates to the increase of Stipends of the Clergy, financial3 £°r

equally applies to that which you have submitted, the result of reasons. both of them being to cause a very heavy annual charge, in addition to that already incurred by the Government, for the support of the Ecclesiastical Establishment in N e w South Wales; and, although it m a y be said, in answer to any objection of this SEE. I. VOL. XIV—3 D * Note 224.


1829. 25 May.

Objection to proposals for financial

Necessity for adequate stipends.

Inability to authorise increases.

Parsonage, glebe and land grant to be provided.

Opinion in favour of land grants to clergy.

nature, that the Revenues, to be derived from the lands'which have been set apart for the maintenance of the Church, will be adequate to bear all such expenses, yet it is but too evident, from the information which has been received upon this subject, that the funds, required for purposes of this nature, must for the present (indeed for a long time to come) be supplied out of the Colonial Revenues, although nominally they may be charged to a separate account. It is certainly much to be desired that every Clergyman should

have such means of support for himself and his family, as may place him above the necessity of contracting pecuniary obligations, and may enable him to keep up an appearance becoming his Station. But, if their Stipends were advanced, it would not be possible to maintain the same number of Clergymen, without entailing upon the Colony much additional expense. So long therefore as the Church funds continue inadequate to support the whole expense of the Establishment, and also to provide for the additional charge which the augmentation proposed to the Stipends of the Clergy would occasion, I fear no increase can be made to their present Incomes, and it would be desirable that you should abstain from encouraging any expectations of that nature. In all subsequent Vacancies which may arise, I shall take care to explain to the persons, who may be selected to fill them, the extent of the advantages to which in addition to their Salaries, they will have to look on accepting such situations, which advantages I shall now proceed to enumerate.

It is fitting that each Clergyman should have the advantage of a decent Parsonage House to inhabit, a sufficient portion of land to serve as Glebe, and a further allotment of land as a future provision for his Widow, and such other Members of his family, as shall not, at the time of his decease, have become independent of his support.

The suggestions* of the Archdeacon, relative to Grants of land to the Clergy according to their length of Service, for the support of their families after their death, do not appear to m e liable to all the objections which you seem to entertain, nor to those which, I a m aware, m y Predecessors have expressed also upon the subject. I allow that it may be difficult to prevent such a measure from interfering in some instances with the discharge of the Clergyman's duty by diverting his attention from Spiritual concerns; but, on the other hand, by affording him the means of advantageously providing for those who are dependent upon him for support, it would do much to relieve his mind from that distraction which pecuniary difficulties inevitably occasion. So far, therefore, as regards the principle of granting Lands to the * Note 224.

MURRAY TO DAELING. 787

Clergy for the purpose above mentioned, I do not object; but, as 1S29. I observe that each of the Clergymen of New South Wales has 25 May" relinquished to the Corporation for an equivalent in Money, at the rate of £100 a year, the lands which it was customary to assign to him as Glebe, with the exception of 20 acres immediately adjoining their respective Churches, I cannot agree to Conditions for authorise, in addition to the land on account of which that com- ciefgy!a"tS *° pensation has been given- by the Corporation, the further Grants recommended by the Archdeacon, excepting in the case of those Clergymen, who may prefer to receive the proposed Grants, relinquishing the Allowance which they now receive.

With the grant thus contemplated for the immediate advantage of the Clergyman himself and for the support of his Widow and unmarried daughters, and with the further Grants, which you Grants to have proposed, to the sons on their respectively reaching the age chgJdren ot

of 19, and to the Daughters on their Marriages, the Clergy of New South Wales will be placed in as easy circumstances as their station requires.

You will understand that it is not m y intention, under any instructions arrangement respecting the Lands to be given to the Clergy, to rfslebss-interfere with the small Glebes (in any case not to exceed 40 acres) which have been allotted to them by the Corporation; and, if this land or parts of it be judiciouslyvselected, adjoining to his house, I cannot doubt that it will become in time a source of profit to the Incumbent.

2ndly. The present state of the Church and School Establishments is the next subject for consideration.

In the further Reports* which you have transmitted from the Archdeacon, he is anxious to impress upon His Majesty's Gov- churchand eminent the wants of the Colony in those respects; but I am sorry establishments. to perceive that they do not very clearly point out the means of defraying the expense which will be occasioned by the measures which he proposes; for I cannot but entertain considerable doubts whether the disposing by public sale of such portions of the Church and School Lands, as may obtain the readiest purchasers, would prove so far productive as to supply the necessary funds

for that purpose.

I am fully aware of the more than common importance of religious instruction in Colonies so peculiarly circumstanced as the Australian Provinces; but, since you represent not only that the Churches are ill-attended, but that a want of a proper sense Want of •of Religion is very generally manifested by the Inhabitants, this J- fngTn nnhappy state of things cannot be attributed either to the de- colony. £ciency of the Clergy or to the want of proper places of Worship.

* Note 224.


1829. 25 May.

Religious feeling in Tasmania.

Proposed subsidies for chapels and stipends.

Authority for erection of parsonages;

and of schools.

I am glad to find, by the reports which I have received from the Lieutt. Governor of Van Diemen's Land, that a different disposition prevails amongst the inhabitants of that Island, and that offers have been made by them to provide out of their own means towards the building of places of Worship, where the expense could not be met by the resources at the disposal of the local Government. Should the Inhabitants of New South Wales evince a disposi

tion to come forward in like manner, and agree to contribute a moiety of the expense, I should be ready to sanction the construction of an additional number of Chapels; and, if any cases should occur where the services of a Chaplain may be so earnestly required, as to induce the Inhabitants to contribute towards his support, I should not be unwilling to sanction the payment of an equal sum from the Colonial Fund for the same object. Observing by the Archdeacon's report that three Parsonage

Houses are immediately required, viz., at Medway, Port Macquarie, and Brisbane Town, the expense of which is estimated at £500 each house, you will consider yourself authorised, with the advice of the Council, to direct the construction of these Buildings, provided accommodation cannot be conveniently provided for the Incumbents by any other means; and, with a view to eventual economy, it would be expedient, so soon as circumstances will addmit of it, to adopt the Archdeacon's suggestion of erecting Houses upon the same scale and at a similar expense for the Clergy of the Established Church, for whom Lodgings at a very extravagant rate are at present provided. There is no doubt that a very considerable saving would accrue from such a measure, although I am aware that, from the inconvenience of advancing funds at the present moment, this object can only be effected by a gradual arrangement. I perceive by the Report which you have sent home, made by

the Archdeacon, that nine additional School Houses, besides those annually Tented, are required; but in this, as in the other cases, I cannot hold out any expectation of assistance to the extent which is recommended. It appears to me that, if six additional School Houses be constructed, sufficient means for the reception of Scholars will be provided, and you are authorised to commence their construction upon the scale of expense, which has been suggested by the Archdeacon, and thus to put an end, as soon as possible, to the practice of hiring rooms, etc., for Schools, a practice equally objectionable with that of hiring houses for the accommodation of the Clergy. The Archdeacon has not alluded (as he has done in the report*

which he sent home from Van Diemen's Land) to the system of

•Note 225^

MURRAY TO DARLING. 789

employing Convicts in the superintendance of the Schools. I 1829. conclude that, in the absence of a better class of Teachers, it is 2j May' as difficult to dispense with their services at N e w South Wales as Employment in the other Colony; and, although great doubts may be enter- schoolmasters. tained as to the propriety of the practice of placing such persons in those situations, yet, in some respects, it may not be without advantage, as it may lead the Convict to strive to recommend himself by good conduct for employment of this description. This is a point, however, which I must leave to be determined by you, according to the opinion which may be entertained upon the spot, rather than upon any abstract ideas which may exist in this Country.

In consequence of the claims, which have been advanced by the Decision Corporation for the management of the Church and School anai"chooTrcb

Estates at N e w South Wales, I have not deemed it advisable to corporation in recommend to His Majesty to create in V a n Diemen's Land a Body Corporate similar to that established in N e w South Wales; and I have also thought it right to counsel His Majesty to revoke proposed His Letters Patent, by which the Corporation has been erected i3^0^*1""^ in the latter Colony.

It will therefore become a very important part of your duty, as soon as this measure shall have been carried into effect, to attend to this Branch of the Public Service. It will be desirable that you should then proceed to dispose by sale of such portion Sale and lease of the lands, set apart for the use of the Clergy and Schools of s

0efh0oY?3trtes.

the Colony, as it shall be prudent to part with at once, and which you may conceive will meet with the readiest purchasers, letting such portion of the remainder upon Leases, as can be advantageously disposed of in that manner. But, looking forward to the enhanced value, which such lands will in a few years attain, as well as to the future necessities of the Colony in regard to its Establishments for Religion and Education, I have to desire Limitation of that you will not, without further Instructions, dispose by sale are° of a greater portion of the land, which has been reserved for such purposes than one fourth of the whole. The profits of such sales, as well as the Rents, will of course be placed in the hands of the Colonial Treasurer, and will be set apart for the purposes clergy and of the Clergy and School Establishments under the Title of the Jf^ft^tad. Clergy and School Fund. With regard to any advances, which may have been made out Advances and

of the Colonial Fund for the use of the Clergy and the School ^-itm off.e

Establishment, or any expense, which may have been incurred by the Colonial government in estimating the labour of the Convicts employed in the erection of Churches, Schools, or Parsonage Houses, I a m disposed to think that such advances should


1829. 25 May.

Management of orphan schools.

Clergy's church fees to be retained.

Claims by corporation, re glebe lands ;

re customs duties;

and re payment of claims of J. Busby.

Removal of difficulties by revocation of letters patent.

not be brought to account as a debt against the Church Funds,. although of course all expenses of that nature to be incurred hereafter will appear as a charge against them. Upon the termination of the functions of the Corporation, it

will be also necessary that you should adopt the course which you may consider the most advisable for the due superintendance of the Male and Female Orphan School by the establishment of Committees, selected from those persons in the Colony whom you may consider the best fitted from their, characters and habits-to undertake that charge. In the report* which the Archdeacon has addressed to the Lieu

tenant Governor of Van Diemen's Land, he has suggested that the fees should be abolished, which the Clergymen at present receive for Church duties. I do not, however, see any good reason for so abolishing them either at Van Diemen's Land or at New South Wales, as they may, I apprehend, be adjusted without much difficulty, in cases where the Limits of the Parish may be matter of dispute. I next come to consider the claims* which have been set up by

the Corporation, and which may be reduced to three in number. 1st. Whether the Glebe Lands, which it was directed should be

vested in the Corporation, together with all the Lands or Portions of Revenue which had previously been appropriated to the support of the Orphan Schools, are to be considered as forming part of the whole seventh mentioned in the Instructions, or whether the Corporation is to hold them in addition? 2dly. Whether one eighth of the Customs duties, which used

to be appropriated to the Orphan Schools and which, by the Letters Patent, is considered by the Corporation to pass to them, should be carried to that account, the eighth being found to be far more than sufficient for the maintenance of those Schools? 3dly. Whether the Corporation, who succeeded to the manage

ment of the Male Orphan School, are to be made liable to the payment of certain arrears, amounting to £1,033, claimed by Mr. Busby upon the faith of an arrangement entered into with him by Sir Thomas Brisbane, by which Mr. Busby undertook to instruct the boys in the cultivation of the Vine, receiving a certain proportion of the produce of the farm ?

Having already apprised you, in another part of this despatch, of my intention to recommend to His Majesty to annul the powers, which you were directed by your Additional Instructions to vest in the Corporation of Letters Patent issued in the Colony (which measure will remove all difficulties arising out of the foregoing questions), it will be no longer necessary for me to enter into any particular detail upon the points to which they refer,

• Note 225.

MURRAY TO DARLING. 791

although it may be useful to furnish you, for your own guidance, 1829. with the opinion entertained generally by His Majesty's Govern- 25 Maj' ment upon those subjects.

It appears to m e evident that, at the time the arrangement, intentions re under which the Letters Patent were issued, took place, it was X\ands • intended that the Corporation, should, in addition to the seventh of the whole Territory, have the exclusive management and control of the Glebe Lands and such other Estates as had previously been appropriated for the support of any Institutions which were henceforward to be placed under the superintendance of the Corporation.

But I cannot perceive any ground for their claims to any por- and re customs duties

tion of the eighth of the Customs duties, which may exceed the sum actually required for the maintenance of the Orphan Schools, it being the intention of His Majesty merely to vest in the hands of the Corporation the appropriation of such funds as were necessary to defray the expenses of those Establishments. The words, which relate to this subject, are as follows:—And it is Our Will and W e do further declare that " all such parts of His Majesty's Revenues arising within Our said Colony, as hath by any such Governor been appropriated and set apart for the education of Youth therein, shall be and the same are hereby vested in and placed under the management, care and superintendance of the said Corporation, to be by them applied and disposed of in aid of the funds aforesaid towards the Education of Youth in the said Colony in the principles of the Established Church." Now, although an eighth of the Customs has since the year 1817 been appropriated for the mutual benefit of the Male as well as Female Orphans, it must be recollected that the original portion, reserved for this purpose, was a fourth; and that this reduction took place in consequence of the Institution not requiring so large an appropriation. It would also- appear, from the subsequent augmentation of the Revenues, that one eighth of the sum derivable from the Customs is more than adequate to meet the expenses for which the Grant was given. I see, therefore, nothing to prevent His Majesty's Government from still further reducing the amount, a right, however, which would not be possessed, were the claims advanced by the Corporation to be admitted.

Under these circumstances, I cannot consent to give the Cor- Moneys for poration any sum which may exceed that required for the support han'schoois of the Male and Female Orphan Schools, nor do I think that only. the Corporation would be authorised, upon finding that the funds available for this Charity exceeded in amount those which were


1829. 25 May.

Liability of corporation lor claim of J. Busby.

Claim to be settled.

necessary, to augment the Establishment of the Schools in proportion to the excess. With regard to Mr. Busby's claim, there is no doubt that the

Corporation were bound to satisfy his demand, even had they not, by the fact of their having submitted the case for arbitration, acknowledged their liability to the amount. But, as the Corporation appear at present, to have no funds (or if they had, the whole of such funds would soon revert to the Colonial Government, to be accounted for under a different system of management), you will consider yourself authorised to satisfy Mr. Busby's claim to the amount of the award; taking care, however, to place the sum as a charge against the Church and School Funds, to be reimbursed to the Colonial Government whenever sufficient means may have been realised for that purpose.

I am, &c,

G. MURRAY.

Acceptance of reprimand re disputes with F. Forbes.

26 May.

Despatch acknowledged.

GOVERNOR DARLING TO SIR GEORGE M U R R A Y .

(Despatch No. 65, per ship Vesper.)

Sir, Government House, 25th May, 1829. I intimated, in m y Despatch, No. 44,* when I had the honor

of acknowledging the receipt of your's of the 30th August last, No. 26, my desire to offer a few observations on some of the points alluded to, which appeared to me not to be sufficiently understood and to require explanation. It has, however, since occurred to me, having more fully con

sidered the view taken of the several matters to which your Despatch refers, that any observations I might offer would be unavailing and that it is my duty, as the most decorous and respectful course under present circumstances, to bow with deference to your decision and to abstain from intruding myself further on your notice. I have, &c,

RA. DARLING.

SIR GEORGE M U R R A Y TO GOVERNOR DARLING.

(Despatch No. 114, per ship Guilford; acknowledged by Governor Darling, 11th January, 1830.)

Sir, Downing Street, 26th May, 1829. I have the honor to acknowledge the receipt of your des

patch of the 14th of August, reporting that, in consequence of the resignation of Lieixts. Welford and Hughes, you had been under the necessity of appointing Major Lockyer, lately retired from the Military Service, to the situation of Principal Surveyor of Roads and Bridges, and that you had assigned to him a Salary of £600 a year.

• Note 226.


My Predecessor, in his reply to your despatch No. 48 of the 1829. 8th of April, 1827, having fixed the Salary of this Office at £500 a 26 May' year, and Major Lockyer having declined to undertake the duty Payment of at a lower rate than £600, you will pay his Salary at the latter E. Lockyer. rate up to the time of your receiving this dispatch, and then immediately relieve him from the Office, which is thenceforth to Abolition of be abolished. The duties of it are hereafter to be executed by Purveyor of Assistants -of the Surveyor -General, to whose Department you roads and will attach it. For this purpose two additional Assistants will immediately be sent out from this Country; one of whom will be employed in the services now performed by Major Lockyer, and the other will supersede the new Assistant, whom you state that you have appointed, and who will understand that his employment will be only temporary. I am, &c,

G. MURRAY.

SIR GEORGE MURRAY TO GOVERNOR DARLING.

(Despatch No. 115, per ship Guilford.)

Sir, Downing Street, 27th May, 1829. 27 May. Mr. Hayward, whose appointment to the situation of As- Appointment

sistant Surveyor at New South Wales was announced te you in Q6 Haywfrd my despatch of the 24th December, 1828, having obtained a more ^ d B^"

t 0

desirable situation in this Country, has declined to proceed to that Colony; and I have in consequence appointed Mr. Henry Butler to the vacancy which Mr. Hayward's retirement has occasioned. I am, &c,

G. MURRAY.

GOVERNOR DARLING TO SIR GEORGE MURRAY.

(Despatch No. 66, per ship Vesper.)

Sir, -Government House, 28th May, 1829. 28 May. Having apprised you in my Despatch of the 20th April £e

era™

cm^t

last, marked " Separate," of my intention of bringing under the to executive consideration of the Executive Council Mr. Wentworth's Letter, council. which I had just then received, .containing Charges against me for the Proceedings which took place in the case of " Sudds and Thompson," two Soldiers of the 57th Regiment, I have now the honor to inform you that the subject was referred accordingly to the Council, and I beg to transmit to you a Copy of the Minute of Proceedings which took place.

2. I referred the matter to the Council, conceiving it the most proper course, and, as the Charges related to myself personally, I considered it right to abstain from attending during the Pro

ceedings.


1829. 28 May.

Evidence in denial of charges by W . C. Wentworth.

Alleged illegality of conviction of J. Sudds and P. Thompson ;

and of commutation of sentence.

Soldiers sent to Norfolk island.

3. The Allegations or facts charged are comprised under thirteen Heads. As the course the least troublesome to you in considering the facts represented by Mr. Wentworth, I must request you to refer to the testimony given before the Council, which will convince you of the total falsity of Mr. Wentworth's Statement, as to the Weight, Construction and torturing effects of the Chains; as also of the utter groundlessness of the Charges, which he has ventured to prefer against the Government, of having fraudulently fabricated other Chains and interfered to prevent an Inquest being held on " Sudds'" Body.

4. Having referred you to the Proceedings of the Council in refutation of the facts, I, shall content myself with bringing under your notice a few only of the most palpable Contradictions and inconsistencies, which appear throughout Mr. Wentworth's Statement; and, in doing so, I shall observe the Order which he has pursued in his Letter. 5. It is stated that " Sudds and Thompson " were improperly

convicted of Larceny. This is a point of which I do not presume to judge, nor am I in any degree responsible for it. The several Courts are answerable for their own Acts, and I have no doubt will be able to justify them. I shall therefore leave this question and the other points of Law, on which Mr. Wentworth has been so elaborate, to others to determine, conceiving, if commuting the Sentence of the Prisoners previously to their transportation was irregular, that it was at least of no material importance, as they might have been brought back the moment after their Arrival at Moreton Bay; so that they rather experienced indulgence than suffered extraordinary severity by not having been transported in the first instance. As to the " Ceremony," even the Opposition Papers of the day spoke in favor* of the measure as likely to check the disposition/which had manifested itself amongst the Troops.

6. That Mr. Wentworth is as ignorant of the matters on which he presumes to write, as his Statement generally is inconsistent with truth, will be seen by his Remarks on the circumstance of the two Soldiers,f who were sent to Norfolk Island, which he states was illegal! These Men had maimed themselves for the purpose of getting rid of the Service. In order to defeat their object and prevent the evil effects of such an Example, I directed that they should not be discharged, but be sent to join a Detachment of their Regiment stationed at Norfolk Island, and be employed there as Pioneers, being no longer fit for duty as Soldiers, each having lost an Arm. This measure appears to have been completely effectual, no instance of a similar nature having since occurred, though three Years have elapsed; and it can easily be shewn that it was not uncommon before that time.

* Note 227. f Note 228.


7. In consequence of the success of this measure, I was induced 1829. in the case of " Sudds and Thompson " to resort to the proceeding 28 May-

now under consideration, in the hope it would prove equally ^ ^ {

efficacious as the former, five Men of their Regiment alone having j. sudds and been convicted of Larceny. p- ™omPson-

8. It is stated that the Chains did not fit the Bodies of the Allegations Prisoners; that the Collar and the Basils were too tight. It will rt

be seen, by the Minute of Council containing the Evidence, that Captain Robison, who is Si Inches taller than " Sudds " was, and is much stouter, being a man of robust Frame, not only put on the Chains, which " Sudds " wore, but contrary to what he, Captain Robison asserted, was able and did turn himself round when laying down at full length. 9. Mr. Wentworth asserts that " Thompson " became ill during illness of

the time he wore the Chains, a period of about ten days, and that p- ThomPson-his illness was occasioned by wearing them; whereas it appears by "Thompson's" own Statement, which will be found in ihe Appendix to Mr. Wentworth's Letter, that this illness, the effect of the Chains, as represented by Mr. Wentworth, did not commence until three Weeks after he had ceased wearing them, and that " Thompson's " Disorder was Dysentery, which is extremely common amongst all classes in this Colony. 10. Mr. Wentworth admits that the Chains, exhibited at the

Colonial Secretary's Offi.ce, did not exceed 13 lbs. 12 oz. But he expresses his Conviction that they were not the counterpart of Denial tf^ those worn by Thompson, but were subsequently fabricated of 0f irons. lighter construction with the fraudulent intention of being shewn to Persons, as the real Chains worn by the Prisoner. That they were the real Chains, will be seen on reference to the Evidence

and the Minute of Council. 11. Mr. Wentworth attributes Captain Robison's having been courtwiai

brought to a Court Martial to the circumstance of his having tried on the Chains, and indulges in no very measured terms on the composition and proceedings -of the Court. The Proceedings, which have been transmitted to the Judge Advocate General, will shew how far he is borne out in this; I can only say, when the charges were preferred against Captain Robison for his Repeated breach of Discipline, I had not heard of his having tried on the

Chains, nor did I until some time after. 12. As to the System of "Espionage" which, Mr. Wentworth All^ystem

asserts, is established; If correct, it would be fully justified in the mind of. every Man who has any knowledge of the Character of Mr. Wentworth, Captain Robison, and a few of their factious

and seditious Associates, who are infinitely more dangerous to

http://Offi.ce


1829. 28 Maji

Weight of chains.

Conduct of R. Robison.

Unreliability of evidence by K Eobison.

Allegations re removal from P. Thompson and secretion of chains.

the peace and tranquillity of the Colony than the Convicted Felons against whom every one is naturally on his Guard.

13. Captain Robison states in his Letter to Mr. Wentworth, annexed to the Charges, that he conceives the Chains, which he tried on at E m u Plains, weighed kO lbs. or upwards. It will be seen by the Minute of Council that the identity of the Chains (weighing exactly 14 lbs. 6 oz.) produced to him before the Council, being in fact those he tried on, was satisfactorily established. It was by Candle light, he said, that he had examined them at E m u Plains!

14. I must here, Sir, request your attention more particularly to the Conduct of Captain Robison, who, being an Officer under my Command and in Arrest at the moment, appears to have become a party to Mr. Wentworth's proceedings. The Council confined his Examination to the mere identity of the Chains. He did not, however, satisfy himself with replying to the questions put to him, but protested generally against the proceedings of the Council, though in no respect implicated in the subject of Enquiry.

15. There is also another point, which you will not fail to remark in the Minute of Council as furnishing a pretty tolerable Criterion of the Credit which is due to Captain Robison's assertions. When under examination by the Council, he could not recollect that more than two or three Persons were present, whom he named, when he tried on the Chains at E m u Plains. I do not advert to this circumstance as being of importance. But, when questioned as to the fact of an Individual's having held out the Chains at Arms length on that occasion, it immediately brought to his mind that another Person had been present (the Individual above alluded to) and he requested to amend his Evidence; though extraordinary as it may appear, he could not recollect the circumstance of the Person he had then named having held out the Chains, who had observed that, from that fact, it was impossible they could weigh anything like what Captain Robison had mentioned.

16. Mr. Wentworth states that the Chains were suddenly removed from "Thompson" by a Communication from Captain Dumaresq, on a pretence of " Thompson's" good conduct, and that they were secretly conveyed away by Captain Dumaresq in his Gig. It appears, by the Evidence taken before the Council, that there is not even a Shadow of foundation for these assertions. The Chains were removed in the usual manner by order of Captain Dumaresq, the Surveyor of Roads. If they were precipitately removed from " Thompson " in the month of December, 1826, in order to their being concealed from Travellers, as is


stated, How does it happen that, according to Captain Robison's 1829. Statement, annexed to Mr. Wentworth's Letter, he should have 28 May' tried them on at E m u Plains in the month of May or June f ol- Allegations re lowing, and that no objection was made to his doing so or in- p. Thompson specting them ? The Chains were in fact left at E m u Plains for of ehainseti°n

several months, without any attempt to conceal them, and were afterwards sent away with other Spare Irons by the Overseer and not taken by Captain Dumaresq in his Gig, who, it appears, had, on the occasion alluded to, unluckily for Mr. Wentworth, gone to Emu Plains on Horseback. As to the removal oi the Chains from " Thompson," it was not

originally intended that they should have been worn after the Prisoners should leave Sydney.. But, as the Opposition Papers made an Outcry on the occasion, it was considered inexpedient to remove them at that moment; and, as " Thompson " afterwards communicated some information he had received when in Penrith Jail respecting the Cattle Stealers, who were very active at that period, advantage was taken of the circumstance to order the removal of his Chains. 17. It will be observed, in Mr. Wentworth's Letter, that he Demand for

calls on me to produce the Chains while Captain Robison is here, 0fTha?ns.tIOn

as the only means of identifying them, or of the Government exculpating itself from the Charge of having had light Chains fabricated for the purpose of deceiving the Public. It no sooner, however, came to Mr. Wentworth's knowledge that this course inconsistency had been pursued than he immediately sent in a formal protest wentworth. against the very proceeding which he himself had suggested and repeatedly urged. 18. He is equally consistent in protesting against extrajudicial

Affidavits, the current price of which he has stated and, no doubt, has the best reason to be acquainted with, as he is in undervaluing the testimony of the Officers of Government, while he so artlessly requests your credence of the testimony of a convicted Felon, on which of course he himself implicitly relies. 19. He next proceeds to the consideration, whether the death Cause of death

of " Sudds " was occasioned by the punishment he underwent, and asserts whatever was necessary to establish that fact, might have been obtained by the examination of Dr. Mitchell, who, as he states, was not called before the Council in 1826, because I was aware of his opinion. Dr. Mitchell has now been examined, and it will be seen by his Evidence and that of Dr. Bowman, the Inspector of Hospitals, that the Chains could not have occasioned " Sudds'" death. 20. Mr. Wentworth admits that the Surgeons, who dissected

Sudds' Body, could discover no marks or appearance whatever,


1829. 28 May.

Cause of death of J. Sudds.

Denial by R. Darling of knowledge of illness of J. Sudds;

and of request for assistance of W . C. Wentworth.

Unserupulous-ness of W . C. Wentworth.

Alleged demand for inquest on J. Sudds.

from which they could ascertain the cause of his death. Is it possible then, if these chains were the Instruments of Torture which Mr. Wentworth would have them to be considered, and if by their Weight or pressure they occasioned or accelerated the death of " Sudds," that they would not have left some mark on his Body, either externally or internally, indicatory of their injurious effects?

21. Mr. Wentworth asserts that I was informed of " Sudds'" illness, and that he w a s removed from the Jail to the Hospital to avoid an Inquest being held on the Body. It is sufficient to say that the assertion is as false as it is base, and not unworthy of Mr. Wentworth.

22. It is then stated that ha received a Message from me through the Acting Attorney General, Mr. Moore, begging him to silence the "Australian " and requesting his Advice. This is not only improbable, as I had never consulted or even spoken to Mr. Wentworth on Business; but it is quite impossible that I ever could have thought of consulting him, much less asking his assistance. Is it likely I should request the interposition of an Individual with an Opposition Paper, who was himself threatening to impeach me? That you may see, Sir, how little scrupulous he is of misrepresenting matters, which are even within his own knowledge, I must beg of you to compare his Account of the nature of the Message, which he states he received through Mr. Moore, with Mr. Moore's own Relation of it in his Evidence, and the Letter, which he subsequently addressed to the Council. Mr. Wentworth asserts that I requested he would favor him with his Advice; whereas Mr. Moore distinctly states that the Message he delivered to Mr. Wentworth was to express my readiness to meet him in any way that could be arranged for bringing the matter forward, in order that it might at once be determined. In short, I was desirous of waiving any right as far as it could consistently be done; and I have no doubt Mr. Wentworth understood the matter as it was intended, not as invoking his favor or protection; but as shewing I disregarded his threats and his efforts. 23. H e states that, on the Death of " Sudds," an Inquest was

loudly called for by the Public! I have no recollection of it. It might be asked, if an Inquest was so loudly called for by the Public, as he states, and was considered so requisite by himself, why, as a Barrister, and having all along taken so active a part in this matter, did he not apply to the Supreme Court, which was then sitting, as I am informed he might have done, for a " Mandamus " to have compelled the Coroner to have held an Inquest ? But the Evidence of Dr. Bowman, Dr. Mitchell and Mr. Steel, the Chief Jailor, shew in the most satisfactory manner that no


communication was ever made to m e or to any Member of the 1829. Government, either while " Sudds " was in the Jail or in Hos- 28 May' pital, respecting his illness or the holding an Inquest; and I declare that I never heard of " Sudds' " illness either before the " Ceremony " or afterwards, until I was informed of his Death.

24. As to the Executive Council having, as Mr. Wentworth Alleged states, usurped a Jurisdiction with which they are not vested by {," ecutiv? Law, I presume the Council is perfectly competent to enquire council. into any matters relating to the Civil Government. They did not administer an Oath or exercise any Judicial authority, either on the former or present occasion; and I conclude that the Chief Justice, who assisted during the whole of the first investigation which was similar to the present, would have objected, had there been anything irregular in it.

25. Mr. Wentworth asserts that a " most dishonorable and in- Transmission famous trick" was practised by me, in transmitting the 6th act oV uncii"1

Section only of the Act of Council* and suppressing the preceding five Sections. H e hazards nothing by a bold or scandalous insinuation and may gain- something. The simple reply to this is that the Secretary of State had been previously furnished with several Copies of the Act, to which he would of course refer, when considering the subject.

26. After a variety of unfounded assertions and base insinua- Soldiers guilty tions, Mr. Wentworth contends that no such disposition, as had escap™miiitary been represented, existed amongst the Troops, and that the num.- service. ber of M e n stated to have committed Robberies or to have maimed themselves was exaggerated. So far from this, I have reason now to believe that it was greatly underrated, and that instead of Eight not less than twelve M e n of the Buffs and 57th Regiments had been guilty of the Acts represented.

27. Having, Sir, already taken up so much of your time, I shall net permit myself to make any Comment on the subsequent passages of Mr. Wentworth's Letter or on the Language he has employed, further than to point out that the style and matter fur- Judgment nish the best Criterion of his Character and motives. Anxious to wentworth by place the subject in the most infamous and disgusting point of {£*n$ view, he has drawn largely on his imagination and has expressed impeachment. himself in terms, which any Man, possessing a sense of even common decency, would have been ashamed to make use of.

28. It only remains for m e to request your attention to the Protest against accompanying Letter of ' Protest, which I received from Mr. R^RobfscT ° Wentworth after Captain Robison's Examination by the Council. council. If the Opinions I have expressed or the Observations I have offered respecting Mr. Wentworth's Character and Conduct required confirmation, I should willingly let it rest on that Letter.

* Note 229.


1829. 28 May.

Grounds of protest.

Absence of F. Forbes from council.

Opinion of F. Forbes re case of J. Sudds.

Transmission of press accounts re death of J. Sudds.

29. Mr. Wentworth has stated Six grounds of Protest. Having already observed that the Council exercised no judicial function whatever, I shall merely add that the 1st, 2nd, 4th and 5th grounds are absurd and impertinent.

30. He' is perhaps in some measure correct in the 6th, as, if Captain Robison had been previously apprised of the intention to examine him, there can be little doubt that he would have consulted his Friend Mr. Wentworth as to the Testimony it might be proper for him to give.

31. Mr. Wentworth states, as the 3rd ground of protest, the circumstance of the Chief Justice not being present in Council during the Enquiry and the moment of his temporary absence being seized by me as the fittest for smuggling the Report which was the object of the Inquiry. I had the honor, Sir, of apprising you in my Despatch of the 22nd April last, marked " Separate," that it was m y intention to request that the Chief Justice would continue in the Executive Council until the Charges preferred by Mr. Wentworth should be investigated. That I did so, being very desirous that Mr. Forbes should be present, will be perceived by the accompanying Copy of a letter, which he wrote to me, declining to attend the Council in future. It will, therefore, be seen that Mr. Forbes was not a Member of Council when the Inquiry took place, and that the imputation, like Mr. Wentworth's other Statements, is base and scandalous. Being willing, however, that Mr. Wentworth should have the full benefit of the Chief Justice's view of the case, I beg leave to forward the Copy of a Memorandum, which he favored me with after the former Investigation, by Which it appears he considered the Event to have been taken advantage of to answer Party purposes, and very appropriately and justly designated it, " a Political juggle."


[Enclosure No. 1.]

MR . W . C. W E N T W O R T H to The Right Honorable Sir George Murray, K.C.B., His Majesty's Principal Secretary of State for the Colonies.

Sir, Sydney, New South Wales, 1st March, 1829. I had the honor to address a Letter, dated the 19th of

December, 18-26, to my Lord Bathurst, enclosing for his consideration certain numbers of the " Australian " and " Monitor " Newspapers, which contained the prominent facts connected with the death of Private Joseph Sudds of the 57th Regt. and the strictures, which this event naturally elicited at the time from the Independent Press of this Colony; Strictures which, I can


safely assert, met with the entire approbation of every dis- 1829. interested person in this community. In that Letter, I requested 28 Ma7,

that His Lordship would be pleased to suspend his judgment on Request for any communication, which he might receive from Lieutenant judgment"0

General Darling on the subject, until I should put His Lordship statement in possession of a detailed Statement of all the -events which had preceded and followed the Death of this unfortunate individual. A natural indolence of disposition superadded to the Reasons for conviction, which I felt that it would be obvious to His Lordship, statement. even upon the shewing of the Lieutenant -General himself, that he had been g-uilrty in the punishment, which he had inflicted on Joseph Sudds, of a high misdemeanor at the least, if not of murder, and that in either view of the Case it would be impossible for His Lordship not to recommend to His Majesty the revoca- Expected tion of the Lieutenant General's Commission as Governor of this R.CDariing. Colony, led me in the first instance to defer, and subsequently to abandon altogether that representation which I had intended to make. The notice* however, which has been taken in the last Reasons for Session of Parliament of the Case of the deceased Sudds, and of impeachment. his still more unfortunate surviving Comrade Patrick Thompson, by Mr. Stewart, has induced me to resume my original intention, and to transmit to you, Sir, through Lieutenant General Darling himself, that detailed Statement, which many acts of subsequent tyranny and oppression, which I shall probably do myself the honor to bring under your Official consideration in a future Letter, make me regret for the sake of public Justice that I have so long delayed.

In submitting this Statement to you through the medium of Disadvantage Lieutenant General Darling, in conformity with the rulef estab- 0f statement lished by Lord Bathurst during the time that he held the Seals falling. of the Colonial Department, I feel that I labor under a considerable disadvantage, as I shall have no opportunity of replying to the Lieutenant General's answer; and I know, as well from the gross calumnies, which he has ventured to publish in his General Orders with respect to myself and another Gentleman, as also from the falsehoods to which he has resorted in his former Despatches on this very topic, that truth forms- no characteristic either of his conduct as a man or of that system of misrule, which comprises his public administration of this Government. I make these observations, Sir, in order to put you on your guard against those denials of the accuracy of my statements, which my knowledge of the Lieutenant General's notorious want of veracity justifies me in anticipating will form his principal ground of defence on this occasion. It is painful to me to be under' the necessity of making suoh remarks upon any one occupying in

SER. I. VOL. XIV—3 E * Note 174. f Note 196.


1829. 28 May*

Trial and conviction of J. Sudds and P. Thompson.

Object of offence committed.

Guilty of trespass only.

Society the station of a Gentleman, and still more so that such remarks should apply to an Officer holding such a distinguished rank in His Majesty's Service; but you, Sir, will see that these cautionary observations are due to my own character, which I trust as yet at least is without a stain.

Having premised thus much, I now, Sir, solicit your calm and deliberate attention to the case of the deceased Joseph Sudds, and his surviving Comrade Patriek Thompson. These two men being Private Soldiers of the 57th Regt. were tried at the General Quarter Sessions of the Peace, holden for the Town of Sydney on the 8th day of November, 1826; found guilty of Petty larceny; and sentenced by the Chairman, William Carter, Esqr., to seven years' transportation. The-Trial of these two men as reported in the " Australian " and the " Sydney Gazette " will be found in Appendix A hereunto annexed.

From these, reports, no less than from the General order dated "Head Quarters, Sydney, 22nd November, 1826," contained in the " Return* to an Address of the Honorable House of Commons, dated the 8th of July, 1828 "; the whole of which Return, as I shall have frequent occasion in the course of this Letter to refer to it will be found hereunto annexed in Appendix B; It is obvious that the essence of Larceny, the animus furandi, was wanting in the case of these two men; that their only object in committing the act, for which they were tried and convicted, was to get clear of their Regiment; and that, if the nature of the Offence, with which they were charged at the Quarter Sessions, had been properly explained to the Jury, they must both have been instantly acquitted, inasmuch as taking Cloth with the mere intention of getting emancipated from Military service does not amount to larceny, although it may constitute a military offence, for which they might very properly have been rendered amenable to a Court Martial. Clear as is the inference, however, from the above premises that these men were guilty of no Civil Offence whatever, except an act of trespass, it is equally clear from the tenor of the General order of His Excellency the Governor above referred to, that the commission of this act " in open day " and " without even an attempt to conceal the fact" and under " circumstances which leave little doubt that their object was to obtain their discharge from the Service " amounted in the profound estimation of Governor Darling to the extremest aggravation of their conduct. I entreat, Sir, your most particular attention to this circumstance, as affording in my humble judgment satisfactory proof that, however well versed Lieutenant General Darling may be in the Code of the Army, he is totally ignorant of those primary and fundamental principles, upon which is based

* Note 174.


the glorious superstructure of that civil polity, which, as far as 1829. this Colony is concerned, has been unfortunately committed by 28 May' His Majesty to His administration.

But, Sir, I am almost equally disposed to question the competency of Lieutenant General Darling as a Soldier. From the arrival of the 57th Regiment in this Colony, up to the period of the death of Sudds, the Suicides in it, I am informed, exceeded Suicides in in all proportion not only those of any other Regiment in the 57th reglment-Garrison, but those also of any other Regiment ever stationed here before. And indeed the General Order itself contains allusion to the case of four other Soldiers of the same Regiment, two Crime and of whom, it is stated, have been convicted of a robbery; and the obtoTnmiiftary other two had maimed themselves with the same intention, which discharge. the General order charges upon the Deceased Sudds and his Comrade Thompson, vizt., "with the intent of obtaining their discharge." These facts, if they be so, ought to have awakened the Lieutenant General's suspicion, as Commander of the Forces, Cause alleged and have given rise to an Enquiry, whether these frequent sui- excessive cides, mannings and thefts had not their origin in a course of severity-discipline differing from what prevailed in the other regiments of the Garrison, and exceeding in rigour what was essential to a due state of military subordination. Had such an enquiry as this been instituted by the Lieutenant General, as it ought to have been many months before the decease of Sudds, the root of these military diseases might have been discovered, and the King's service probably have still possessed two humble and contented supporters, now lost to their Countiy for ever. Men too, I am informed and believe, of previously unblemished character, and whose only desire it would seem was to escape from a state of military rigour and endurance, to which they evidently considered transportation with all its penal consequences to be preferred. I would not here, Sir, be understood as meaning in any measure to defend the conduct either of these unfortunate men, or of those other two still more unfortunate beings, who, it appears from the General Order, have maimed themselves with Punishments the like intent of obtaining their discharge, and who, in the self-inflicted language of the General Order, but under what authority, inJur>es. Whether by virtue of the Sentence of a competent Tribunal or by the mere arbitrary and illegal mandate of the Lieutenant General, I myself know not, but perhaps His Excellency on this point will vouchsafe some explanation, Sir, to you, " will be enabled to judge, whether there is any thing in the employment of a Scavenger in a remote and insulated Settlement allotted for the confinement of the most atrocious Criminals, which can recompense them for the irreparable injury they have inflicted on


1829. 28 May.

Alleged illegal increase of punishment.

Justification of punishment by R. Darling.

Nature and effect of punishment of J. Sudds and P. Thompson.

Examination of P. Thompson.

themselves, and the diabolical offence they have wantonly committed." But, Sir, I consider it a sacred duty of humanity, and I should ill perform the task, which I have imposed on myself, were I not to develope, as far as I can, the real motives of that Act, which Lieutenant General Darling considered of so aggravated a nature as to call for the promulgation of the General Order in question, and to authorize the infliction of the second punishment, which it awards for the same offence, by way of prelude to that further unprecedented and illegal increase of punishment, which this same Order annexed to the sentence of the Quarter Sessions under colour and in the name of a commutation of that Sentence. I perceive, from the Dispatches of the Lieutenant General to

my Lord Bathurst contained in the Appendix B, that the Governor founds his vindication of the mode of punishment substituted by His General Order for the Sentence of the Quarter Sessions on the 6th Section of the Act of the Legislative Council, No. 5, passed in the Year 1826. The whole of this Act of Council will be found hereunto annexed in- appendix Q. Before I shew you, Sir, how utterly this ground of justification fails His Excellency in every respect, it will, I conceive, be more in the natural order of things to enquire what was the character and what have been the consequences of the punishment inflicted by virtue of this General Order on the deceased Joseph Sudds and on his still surviving Comrade Patrick Thompson? And with a view to enable you, Sir, to arrive at a safe conclusion on these points, I have to request your particular attention in the first place to the examination of Patrick Thompson, which was taken down in writing by myself on board the Phoenix Hulk in the presence of Alexander McLeay, Esquire, the Colonial Secretary, and William Henry Moore, Esquire, the then acting Attorney General of the Colony; both of whom attended this examination on the part of His Excellency and cross examined Thompson upon all such points as they thought fit. The result of the examination and cross examination, which were both blended together, is given verbatim, as I took it, in the Appendix hereunto annexed marked D. And I the more readily crave your attention to this testimony, as Mr. McLeay confessed that the evidence, which Thompson gave on this occasion, was strictly accurate, although it was not given on oath, because I knew that in point of law any oath administered in an extra judicial enquiry like that would itself be extra judicial, and of no further validity than a mere statement. 'It results from Thompson's testimony:—

1st. That the fantastical Irons, in which the deceased Sudds and himself were paraded on the 22nd November, 1826, by virtue


of the General Order before referred to, were made without refer- 1829. ence to their stature, or the size of those parts of their bodies ^ May" upon which the Chains were to be placed. This fact is cor- Contraction roborated by the statement of Captain Dumaresq, his Excellency's Brother in law, which will be found among the proceedings of the Executive Council in Appendix B.

2nd. That the Irons used did not fit the bodies of either of the Effect of irons Prisoners, the " Collar of the Set of irons placed on the deceased ™Thomp

dson

a.nd

Sudds being too tight for his neck" and "the basils too tight for his legs," and the Collar in particular being "so small that it would not admit any thing between it and the neck, but a cotton handkerchief," and that "Sudds would not allow it to be turned round so as to allow him to lie on his back, saying it would hurt him, if it was stirred "; and the set of irons placed on Thompson being so short, that, according to his description of them, " the projecting irons would not allow him to stretch himself at full length on his back"; that he "could not lie on either side without contracting his legs"; that he " could not stand upright with the irons on "; and that, at the end of three days, he " broke the Chain of his Irons to enable him to turn the Collar and be at ease." Thus much, therefore, for the accuracy of that part of Captain Dumaresq's statement before the Executive Council, which says, " that there was nothing in their construction (meaning the construction of these Irons) to prevent the person wearing them from lying in any posture"; And thus much also for the accuracy of that part of the Lieutenant General's second Despatch to Earl Bathurst in appendix B, in which he asserts "that it was proved by actual experiment that Sudds could not have sustained any injury from them."

3d. That the set of fantastic Irons, which had been placed on irons from the deceased Sudds were, on Monday, the 27th of November p;.XtpTon™ (being the very day of Sudds death), put on Thompson, as Thompson expresses it " the whole of them, Collar and all," and that he continued to wear these Irons from that time and to work in them as a Culprit in No. 1 Iron Chain Gang on Lapstone Hill (being the first Hill of the range of Blue mountains and distant about 45 miles from Sydney) from Wednesday, the 29th of November at three o'clock, until Thursday the 6-th of December inability to following; when, to use his own words, "the weather being very in"*on"?worfe

hot, the heat of the Collar used to become intolerable, and compelled me to sit down frequently in order to hold it with my hands off my neck. On these occasions, the Overseer of the Gang would come up to me, and order me to return to my work. I told him I could not, and would not; that he might take me to Gaol, where I would get a rest from work and the heat of the Sun."


!829. 4th. That the Irons placed on Sudds and Thompson, whilst on 28 May. ^he Parade on the 22d of November and undergoing the military

Description punishment or " Ceremony " as it is termed in His Excellency's of irons. Dispatch, directed by the aforesaid General Order, were of a

novel and unprecedented construction, and were not the usual Irons worn even by the Culprits in the Iron Chain Gangs, who have been justly described in a late number of one of our Colonial Newspapers as " consisting of twice and thrice convicted Felons, and as being in general bodies of the most abandoned ruffians or incorrigible rogues, desperate either from their love of plunder or from their insatiable inclination to fraud and theft." That " these irons consisted of a Collar, which went round each of our necks, and chains were fastened to the Collars on each side of the shoulder, and reached from them to the basil, which was placed about three inches above each ancle; there was a piece of iron, which projected from the Collar before and behind about eight inches at each place." This description of them by Thompson, it will be seen, entirely concurs with the description of the Chains exhibited in the Colonial Secretary's Office by order of the Governor contained in the Australian of the 6th of December. " The rings for the Ancles," says the Editor of that Paper, " are made after the usual fashion and are of a common size; in place of having chains attached to them in the common way they are connected by means of long and slender chains with another ring, which is put round the neck and serves as a Collar. Two thin pieces of iron each about eight inches long protrude from the ring collar in front under the Chin, behind under the nape of the neck; This is the position of the pieces of iron (they are mot spikes not being sharp at the end), when the chains are put on and adjusted as intended. From this,

Effect of irons it is evident that the degree of ease or torture experienced by the wearer must depend entirely upon the length of the several chains; he can't lie down on his back or his belly without twisting round the Collar in order to remove the projecting irons to the side. If the chains be not longer than that part of the body between the ancles and the neck, he can never extend himself at full length, but must remain partly doubled up and become cramped in the course of a short time; for, in turning the Collar in order to lie down, the chains wind and form a Curvature round the body, thus diminishing in effect their length. If the chains are quite long, they may be worn without the smallest inconvenience; but, if they happen to be so short as not to allow the wearer to stand quite erect, they must inflict the most excruciating torture and debar the Sufferer from all rest." This degree of torture, Sir, you will perceive that Thompson underwent


for three days until he could endure it no longer; and I am sure, 1829. Sir, you will concur in the justness of the observation, which the 28 May' Editor of the Australian applied to such Irons, " they are not fit for use under English laws." 5th. That the deceased Sudds had been ailing since the 6th of niness and

November, probably before; but that his illness was considered of j 6 ^ ^ ' so slight a nature by the medical Attendant of the Gaol, Assistant Surgeon Mclntyre, that he was allowed to wear irons (being the ordinary Irons of the Gaol) whilst in the Gaol Hospital, and was turned out of the Hospital the morning of the punishment, 22nd November, and taken to the Barracks about an hour afterwards. That, on the return of Sudds and Thompson from their punishment on the same day, Sudds immediately complained of being very ill, and expressed a wish to go to the Hospital again; That about ten o'Clock of the same night his illness had alarmingly increased; that about this time he observed to Thompson, " That they had put him in them Irons till they had killed him "; That he continued to grow worse with little intermission until Friday morning, the 24th November, when in the words of Thompson, who went to see him, "he was in such a state he did not answer my questions or appear to know me. I squeezed his hands, but he made no return, and appeared quite insensible"; That on Friday night he became delirious; on Saturday he never spoke; and that, about three oClock on Sunday the 26th November, he was carried to the General Hospital, and expired there between six and seven oClock the following morning (Monday, the 27th of November). 6th. That, during the continuance of Thompson in No. 1 Iron illness of

Chain Gang, he himself contracted a fatal malady, which had contraeSdin nearly terminated his existence; and from which he was re- chain gang. covered with difficulty, and after confinement in an Hospital for nearly a month. This, Sir, is a condensed view of the more prominent and

important facts contained in Thompson's statement; from the -whole of which it is clear, That the chains, which were placed Novelty of on these men by order of the Governor, were such as never before had been seen or used in this Colony; That, after the death of Sudds, the chains, which had been worn by him, were on the very Transfer of day of his Death placed on Thompson, instead of his own, which p. Thompson. he had broken, in order to relieve himself after three days from the intolerable torture which they inflicted. That part of Mr. MeLeay's Letter of the 1st December, 1826, addressed to the Error in Editor of the Australian, contained in Appendix B, which says, l_ Macieay. " if you have any desire to examine the Chains, you are at liberty to do so; they are now at my Office, and are the counterpart

irons.


of those put on Thompson," cannot be true. They might have been Thompson's irons, but Sudds' irons were then on Thompson, who was at that time, and had been, as will be seen, for four days previously in the Chain Gang at Lapstone Hill. I admit, however, that, if Thompson's chains were the exact Counterpart of Sudds' (and I see no grounds for doubting this fact), and if the Chains really exhibited at the Colonial Secretary's Office, as alluded to in his Letter, were the Chains which had been put on Thompson, this mis-statement of the Colonial Secretary is not material. I myself was among the number of those who had the curiosity to go and see the Chains exhibited at the Office of the Colonial Secretary; and, although I did not weigh them, or indeed see any means of weighing them afforded to the Public, they certainly did not appear to me to exceed the weight (13 lbs. 12 oz.) mentioned in the Colonial Secretary's Letter. I have good reason, however, to believe that, as they were not manifestly the Chains placed on Sudds, so neither were they the Chains worn by Thompson. Before I lead your attention, however, to the conclusive evidence, which I have to offer on this point, I would briefly refer to that part of Lieutenant General Darling's first Dispatch to Earl Bathurst in Appendix B, in which he says " with respect to the chains, which are designated 'Instruments of torture,' it will be sufficient to state that they

Weight of irons, weigh only 13 lbs. 12 oz.; and, though made with the view of producing an effect on those who were to witness the ceremony, the ' extreme lightness of their construction' prevented their being injurious in any respect to the individual." It will be seen by this Paragraph that the "extreme lightness" of these Irons is held up by him as the main ground pf his Defence for having used such Irons, and as affording in his opinion satisfactory proof that those, who had designated them " instruments of torture," had been- guilty of misrepresentation. What the Lieutenant General means by " extreme lightness" does not appear very intelligible to me, and, Sir, when I tell you that, notwithstanding this " extreme lightness," the Irons, exhibited at the Colonial Secretary's Office and admitted to have weighed

comparison 13 lbs. 12 oz., exceed in weight the irons placed on murderers and murderers and other atrocious Criminals for the purpose of safe custody, be-cham gangs. tween the interval of sentence and execution, by at least 1 lb.

12 oz.; and exceed in weight the Irons used in the Chain Gangs (to one of which it will be seen that Sudds- and Thompson were to be attached) by at least 9 lbs. 12 oz.; It will be obvious to you, Sir, that, whilst, according to the Language of the Lieutenant General, they were calculated to produce an effect on those who were to witness " the ceremony," their operation on the wearers

1829. 28 May.

Error in letter by A. Macleay.

Alleged substitution of irons.


themselves was the addition of nearly 10 lbs. of extra weight, and 1829. this too not suspended from the loins, like the ordinary Irons 28 May-

known to the English law, but from the neck, that part of the body, which is least able to support an extra weight or indeed any weight whatever pressing upon it in such a direction. As regards then the mere admitted weight of these Irons, coupled with their construction, it will be perceived, Sir, that the Lieutenant General in no wise exonerates himself from -the charge of having Allegations« used " Instruments of Torture." But, Sir, it is proved beyond by'irons!" contradiction by Thompson's statements with reference to these irons, that as regarded him they were really instruments of torture, altogether independently of their weight, and that he was actually tortured by them in the literal signification of the word in the Gaol in his own Chains for three days, during which time he was prevented from extending his body and from lying on his back, belly or side, when he would endeavor to sleep, except in a position partly doubled up; and 2ndly in Sudds' chains, for eleven days afterwards, during eight of which he was exposed to the rays of an almost vertical sun, and experienced not the like torture from the want of rest, and the cramping of his body, but the intolerable torture of an iron collar heated beyond the possibility of human endurance. Thompson's statement proves also that Sudds was actually tortured with them in the manner already described for about twenty eight hours. It would be as absurd, therefore, to speculate as to the probable effects of such irons on the wearers, as to labor any further to refute this leading feature in the Lieutenant General's vindication; It will be in vain for him to urge that the torture inflicted was the result of accident. The English law does not sanction any such fantastic trifling as this with the lives, the persons or the liberties of its subjects; and it was incumbent on him to have taken care that this unprecedented mode of punishment " should have produced merely an effect on those who were to witness the ceremony." They might, supposing those were the irons worn by Thompson which were exhibited at the Colonial Secretary's Office, have been so constructed, as to produce to the wearers of them for a short, but only short period, little other inconvenience than would necessarily result from the suspension of such a weight from their neck downwards; they ought to have been so constructed; And I put to you, Sir, as one ground of impeachment of Lieutenant General argeof Darling, amounting in the case of each of these unfortunate men torture against to a high misdemeanor in law, punishable by fine or imprison- E- D"img.

ment or both, the torture which they endured by virtue of His General Order; As another ground of impeachment amounting


1829. 2'8 May.

Charge of using illegal irons and inflicting illegal punishment.

Charge of high misdemeanor against R. Darling.

Allegation re substitution of irons for exhibition.

in the Case of each of them to another high misdemeanor punishable in like manner, the use of irons unknown to the law; And as a third ground of impeachment amounting in the case of each of them to another high misdemeanour, the whole " Ceremony," as the Lieutenant General terms it, to which these Men were exposed on the Parade on the 22d November, 1826. In considering these grounds of impeachment, and the nature

of the offence, which they respectively amount to, you, Sir, will of course take the opinion of His Majesty's Attorney and Solicitor General; and you will, I have no doubt, be told by those High Law Officers of His Majesty, That these acts, which, you will perceive, flow necessarily from the Lieutenant General's admissions as contained in the various documents set forth in Appendix B, even though all the Lieutenant General's statements and inferences should be true, and the death of Sudds not one of the consequences of the illegal punishment, which he underwent on the memorable 22nd November, constitute in law, what I have designated them, "high indictable misdemeanors." Of the inaccuracy, however, of one obviously of the most material of the Lieutenant General's statements in his opinion from the stress which he lays on it, I mean his statement of the weight of the irons placed on Sudds and Thompson by his authority, I have already expressed m y conviction, and I now, Sir, beg to draw your particular attention to the grounds upon which this my conviction rests. It will be seen by Thompson's statement in Appendix D that his original irons, which he had been forced to break on Saturday, the 25th November, " to enable him to turn the Collar and lie at ease," were removed on Monday, the 27th of November, and Sudds's irons placed on him in their stead; Thompson's irons remaining in the Lumber Yard, where this exchange of irons took place. Immediately upon the death of Sudds, and the publication of the Australian of the same day, the public mind became agitated in the highest Degree. The feeling was universal that Sudds had been murdered. In this state of public ferment, and when it became necessary, in the opinion of the Governor, to cause Mr. McLeay to address to the Editor of the Australian the Letter contained in Appendix B, with the view of allaying the general indignation, there would evidently be no difficulty in forging at the Lumber Yard, where Thompson's irons were then deposited, and had been, it appears, originally made, a set of irons of the same shape and dimensions, though of very different weight; and to exhibit these at the Colonial Secretary's Office, as the identical irons which the deceased Sudds had worn. M y chief grounds for believing that this artifice was resorted to will be found in the statement of Captain


Robison of the New South Wales Companies of Veterans, here- 1829. unto annexed in Appendix E. Of the accuracy of Captain " a}' Robison's statement, I myself entertain no doubt; and those Testimony by

n - i i c -i ' R- Robison.

Gentlemen here, who have known him for many years longer than I have, feel in common with myself that no motive of personal malice or ill will would tempt him to swerve in the slightest degree from the path of truth and honour. I make this prefatory observation on his testimony, because I am aware that the Lieutenant General will attempt to weaken, if not to shake it altogether, by adverting to a late Court Martial in which Captain Robison was the Defendant and the Lieutenant General himself the Prosecutor. I myself feel no doubt that the chief, Alleged reason if not the sole motive, in which this Court Martial originated, 0n R. Robison. was the accidental trying on of Sudds' original Chains by Captain Robison in the manner stated in his letter; and the latitude of remark, which Captain Robison indulged with respect to these "Instruments of Torture" afterwards. In a System like this, where an organized system of espionage opens the surest way to the patronage of the Governor; and where consequently scarcely a conversation takes place in any Circle, which is not immediately repeated at Government House; In such a lamentable state of Society as this, in which no man can trust, it is impossible that Captain Robison's observations, with respect to the character and weight of those Chains, could have been long unknown to the Lieutenant General. And it is evident that, this Gentleman's private and accidental experience of the irons being thus at variance with the Governor's and Colonial Secretary's public and official statements, It became expedient, if not essential, as well to the vindication of their public character for veracity, as to their very official existence, that some measure should be adopted to get rid of or at all events to weaken the effect of testimony, which it was foreseen would sooner or later rise in awful array against them. Hence a Court Martial, the result of which, notwithstanding the foul means which were practised by this powerful Prosecutor to get Captain Robison cashiered, and the highly objectionable elements of which the Court was in part composed, no one here doubts, who heard the Trial, will prove highly honorable to this persecuted Officer.

Having premised thus much as to the credit due to Captain Robison's statement, and to the means which, as I conceive, have been adopted by the Lieutenant General to weaken its effect, I now crave your attention to the very important matter it contains. It will be seen that this Gentleman had the curiosity, in £™* £ g ^ J

his way from Bathurst to Sydney some time after Thompson's Emu plains. irons had been removed, as Mr. McHenry the Magistrate at


1829. 28 May.

Irons tested by R. Robison at Emu plains.

Removal of irons from P. Thompson.

Penrith stated, according to Thompson's evidence, " by the orders of the Governor," to try those Irons on and adjust them to his own body. Captain Robison is a m a n in the flower of life, of athletic form, and about five feet eleven inches high; a man, therefore, it is obvious in every respect more capable of supporting a heavy weight without inconvenience, than either the deceased Sudds or his Comrade Thompson. And, although this Gentleman will not pretend to state the exact weight of these, which were unquestionably the genuine irons worn by Sudds on the 22d November, It is manifestly impossible that Irons of the weight of those mentioned in the Lieutenant General's Despatch, and the Colonial Secretary's Letter in Appendix B and exhibited at the Colonial Secretary's Office, could have been attended with that pressure on Captain Robison's frame, which is so minutely described in his Letter in Appendix E. It will be seen also that there was in Captain Robison's company at the time an Officer of the name of Lieutenant Christie; and that this latter Gentleman, being also excited by a similar curiosity, submitted his person to the like experiment. This Gentleman is also in the flower of life, though not of the athletic shape of Captain Robison. Captain Christie is now in England; and, if it should be considered that the statement of a Gentleman of Captain Robison's rank and character needs any confirmation, Captain Christie can be readily applied to. So much therefore for the direct testimony, which is forthcoming to negative the alleged weight of the irons, as stated in the Public correspondence of the Lieutenant General and the Colonial Secretary. But there is also not wanting indirect proof tending to the same conclusion. It will be seen on reference to Thompson's Evidence in appendix D that Sudds' irons were taken off him (Thompson) on Friday morning, the 8th of December, through the intervention of Mr. McHenry " by the orders of the Governor." These orders, I am informed, were conveyed in a Letter from Captain Dumaresq as Civil Engineer quite out of the common course of such Orders to Mr. Kinghorne, Junr., or to the Penrith Bench of Magistrates (of which Mr. McHenry was one), stating that, in consequence of Thompson's good behaviour, the Governor had been pleased to direct that the Irons, which he wore beyond the usual Irons of the Chain Gang, should be taken off. This, I believe, is the substance of this Letter, which m y informant states is deposited among the records of the Penrith Bench. It is remarkable that, while this Letter contains on the one hand a direct admission on the part of His Excellency of one important fact in m y Case against His Excellency, vizt., That Thompson was at this time extra-ironed, it on the other hand puts forth as the alleged


ground for the merciful interposition of the Governor a sort of 1829. Certificate of Thompson's good behaviour, and this too emanating i7' not from the Overseer or other person, under whose charge he had Removal of

zi • • -w—i •n I * i • -*- s~** • irons iroixi

been working, but from His Excellency s brother m Law, Captain p. Thompson. Dumaresq, who from his situation could know nothing of Thompson's behaviour, and who, in fact, did know nothing of it, inasmuch as, when the Letter arrived at its destination, Thompson according to his own evidence had become very refractory and was then actually in Prison by order of his Overseer. Yet it was at this period, when, according to Thompson, the " heat of the Collar used to become intolerable and compelled him to sit down frequently in order to hold it with his hands off his neck," when, "the Overseer of the Gang would come up to him and order ,'him to return to his work," and when Thompson " told him that he could not, and would not, that he might take him to Gaol, where he would get a rest from work and the heat of the Sun "; and when the Overseer " had ordered him to Gaol accordingly "; It was at such a period as this that Captain Dumaresq forwarded so mal a propos a certificate "of good conduct, and His Excellency's gracious commands thereupon in regard to Thompson. Upon the arrival of such a Document at such a crisis, one would have imagined that His Excellency's intentions with respect to Thompson would have been deferred for a day or two, until His Excellency should have been better informed as to the real merits of the object of his clemency. But so well did the intelligent Agents understand their duty and the real aim of this very particular communication, that the extraordinary irons were immediately removed from Thompson's person, and the ordinary irons of the Gang placed on him instead. The true motives of AJ3^d motives this pretended lenity were soon developed. Thompson had not 0f irons from long been removed to Windsor, when the convenient agency of p- Thompson. Captain Dumaresq was again resorted to. H e went to the Gov- Alleged removal ernment Station at E m u Island and took away these Irons in w.^maresq his Gig, concealed, as I am informed, in a Bag, and actually ™ m

KE m u

without communicating with the person in whose custody they were deposited. This certificate of good conduct then was a false pretence emanating indirectly, as I am justified in inferring, from the Governor himself, because directly proceeding from His Excellency's brother in law; The real object of this measure being to conceal these instruments of torture from the persons, who were travelling the Mountain Road, and ultimately to get them placed in the same secure keeping as the Set of Irons which had been placed on Thompson. I ask you, Sir, confidently whether these transactions bespeak a man acting from pure motives; from a desire to rectify errors arising merely from


1829. a bona fide misapprehension of the law; or whether they do not, 28 May. o n -t e contrary, indicate the sinuous practices of a man, " afraid

of the light because his deeds were evil." It must be superfluous for me, Sir, here to dwell upon the dilemma, in which Lieutenant General Darling, his brother in law Captain Dumaresq, and Mr. McLeay are left as well by the direct testimony of Captain Robison, as by the inferences, which result from the steps subsequently pursued by these parties. M y object is not to dwell upon the mortifying position, which they must hereafter occupy in society as private Gentlemen; my object is to shew the public crimes, in which they are involved as principals or accessaries; And if, Sir, the testimony of Captain Robison is to be believed, supported as I have no doubt it will be by the testimony of Captain Christie, and by a mass of other direct corroborative testimony of a highly respectable character, which I am informed might easily be obtained here, whenever the official fuctions of these three Gentlemen shall terminate; Why

Alleged false then " the extreme lightness " of these instruments of torture RtaDariinS;by vanishes into thin air, and His Excellency's inferences and state

ments in his Dispatches in appendix B, false as I have proved them in fact, vizt., " that the extreme lightness of their construction prevented their being injurious in any respect to the individual," and again " that it was proved by actual experiment that Sudds could not have sustained any injury from the chains," fall to the ground; and the Chains themselves stand admitted on the face of His Excellency's Dispatches to have been correctly designated " Instruments of Torture," as well by reason of their weight, as I have already proved them to have been, by reason of their construction. And here, Sir, that the real weight and dimensions of those Irons may be known to the World, I publicly

Demand for call upon Lieutenant General Darling, now that Captain Robison ofirons!°n is here on the spot where they are deposited, to produce them from

their hiding hole, from the Bag in which his Brother in law Captain Dumaresq conveyed them in a Gig from the Government station at E m u Island, in order that Captain Robison may again fit and adjust them to his body, and be able to declare whether they are or are not the same irons, which his curiosity (and I consider it a sort of providential curiosity) tempted him to put on at E m u Island. I call upon the Lieutenant General to do this, asserting to his teeth m y perfect and conscientious conviction that the Irons, exhibited in Mr. McLeay's Office, were fabricated by his directions through the immediate agency of his Brother in law Captain Dumaresq, and that these were not one third, probably not one fourth, and possibly not one fifth part of the weight of the genuine irons, with which the deceased


Sudds and his survivor T h o m p s o n were tortured on the 22d of 1829. November and subsequently. In m a k i n g this appeal to the Lieu- 2? i7' tenant General, I a m aware that to comply with it or not will of De™anf.for

. , . , . , . . mi i • -i - I T r. production

course be entirely m his discretion, lhat the identical Irons, for of irons. the production of which I now call, are still in esse, I for one entertain no doubt. They could not have been destroyed (I mean as to their then form) without the agency of some artificer, who it would be known might be called at a future day as a Witness; and, as will be seen hereafter, they were too carefully guarded in their progress from the Lumber Yard to Government House in the first instance; thence to the Parade after due approval in the second instance; thence on the persons of these unfortunate men to the Sydney Gaol; thence to the Lumber Yard (where one set of them those worn by Thompson is lost sight of); thence back again to the Gaol; and thence to E m u Island, from whence the set worn by Sudds on the 22d December were ultimately taken away in a Bag to Government House or elsewhere; I repeat they were too carefully guarded in all their stages to leave any probable ground for the supposition that they have been destroyed. But if they have been destroyed, where is the legitimate motive that could have led to this act. Would it be a desire to reveal their true weight and dimensions or to conceal them? Would it be to vindicate to posterity the character of Lieutenant General Darling; to convince the world of " the extreme lightness of" those mistermed " instruments of torture "; of his consequent humanity, and the purity of the motives', whence had sprung acts, which had drawn or would draw on him the gaze of an indignant universe! The simplest mode of refutation, the Lieutenant General could at any time adopt, would be the production of the irons themselves; H e was aware of this mode of defence; he had practised it; and publicly threatened as he has been with impeachment by myself, denounced by the Public Press, and aware, as he must have been, not only from the tenor of his precautionary Dispatches to my Lord Bathurst, but from the gathering indignation of this long oppressed and insulted community, that the day of his public and formal ordeal had not arrived, it is not credible, nor would I believe him and all the minions, who surround him, on their oaths that those Irons, in which Sudds and Thompson were tortured, are not still safely deposited in his own special -keeping, or the keeping of some one upon whom he thinks he can place reliance. I therefore reiterate my Call upon the Lieutenant General to produce the genuine irons, worn by those men on the 22d November, or to stand convicted by his own admission (an admission which will


1829. 28 May.

Value of extra judicial affidavits in colony.

Evidence of J. Mackaness.

Inspection of irons by R. Darling before use.

be necessarity involved in the non production by him of these Irons) that I have not over rated their weight.

It will be in vain for His Excellency to endeavor to meet this part of the Case by a string of extra-judicial affidavits or statements like the " Volunteer" of Mr. McLeay. Any body here, who is base enough to employ such means, could procure for a mere trifle as many of these proofs as might be required to negative even a demonstration of Euclid. If there be one great moral stigma, which justly attaches to this Community and forms its distinguishing deformity, it is the notorious and disgusting perjuries, which daily stain the proceedings of our Tribunals, and render it frequently impossible for Judges, Juries or Assessors to distinguish truth from falsehood. This too in cases where a Dollar, or at most a pound forms the Perjurer's reward. But in a case, where a Governor should be concerned, the temptations to Perjury, which are at His disposal, are so numerous; where Tickets of Leave, Emancipations, Pardons, Grants of Land, Distribution of Convicts and Convict Mechanics, Continuance in Offices or employments already possessed; the hopes of obtaining new or better employments in a case, where these and a thousand other privileges and indulgencies, which might be enumerated, form altogether a mass of influence, from which no one however independent his station or circumstances is altogether exempt; In such a case, I say, the Agents of a Governor would only have to drop an intelligible hint, and a thousand " Volunteers " would spring up in an instant. I make these observations, Sir, with a view to prevent the indecency of a second recourse to that mode of vindication, which has already been practised by His Excellency, or, if it should be resorted to again, to shew to you and the world its intrinsic weight and value. Having thus placed His Excellency in a dilemma as to the

character and weight of the Irons, from which the only mode of extrication, I conceive to be the one pointed out, It would be as well, sir, before I close my observations on these correctly designated " instruments of torture" that I should call your particular attention to that part of the evidence of Mr. Mackaness, who was then Sheriff of the Colony, hereunto annexed in Appendix F, which refers to his having seen them at Government House before they were used. From this Gentleman's statement, it is obvious that the irons in question were, previously to the exhibition on the Parade or " the Ceremony," deposited in the Ante-room of Government House for His Excellency's inspection, and that, if His Excellency did not himself sketch out the design of them for the guidance of the Artificers (of which fact there is no evidence one way or the other), he at

D A R L I N G TO M U R R A Y . 817

least approved of what he calls " their construction " after they 1829, had been made, and before they had been used in the manner -28 May. directed by His Excellency's General Order. This renders it quite superfluous to determine to w h o m the merit of this invention actually attaches; but I have been informed by: a Gentleman, who saw the Irons, whilst on Sudds and Thompson, that in Probability of shape they were similar to the irons placed on the Maroon Blacks i^ns™'1011 °£

at the Isle of France; And, as His Excellency had some short direction of time before his Appointment to this Government filled pro tempore the Government of that Colony, it is generally believed here that these " Irons," were " constructed" under his immediate direction. It is difficult indeed to ascribe the invention to any other quarter, for up to that period no such irons had ever been placed upon any part of the Felon population of this Colony. But it is useless to speculate any further on this point; the testimony of Mr. Mackaness at all events brings home to the knowledge of the Governor the precise weight and character of the Irons, which he was about to employ; and this fact is the more essential, as it will prevent him from pleading ignorance of the degree of punishment, which these unfortunates were about to undergo; and, as it also establishes the Lieutenant General's real elaim to that character for humanity, which was supposed to belong to him by some of his friends or advocates in Parliament. W e read, Sir, of Monsters of antiquity, who have feasted their Eyes beforehand with the instruments of their intended torture; but, to such acts and to such men as these, Historians have applied their just Epithets, nor do I at this moment recollect that contemporary encomiasts, having any claim themselves to the quality they vouched for, were found to decorate them with a false praise.

I will now, Sir, take the liberty to draw your attention to what Possible effect I consider to be the paramount object of Enquiry as connected as caus'e o™6" with His Excellency's illegal punishment of the deceased Sudds, ea

gth,°.f

vizt., Whether the death of Sudds was in any wise occasioned or accelerated by the punishment, which he underwent by virtue of His Excellency's General Order in appendix B on the 22d November, 1826; I repeat whether it was in any wise occasioned or accelerated, because in m y view of the law that m a n is equally culpable, who, from what the law terms malice, abriges the natural duration of another life an hour, a day, a year or a century. This is obviously the first point in the natural order of things for determination in all charges of murder. The only evidence upon this point in the proceedings had before the Executive Council, at least the only evidence of a scientific nature, and upon which, therefore, any reliance can be placed, is

SER. I. VOL. XIV—3 F


1829. to be collected from the report and statement of Mr. Mclntyre, 28May. w j 1 0 w a g t n e Assistant Surgeon of the Gaol and attended the

Evidence of deceased both before and after his last illness. The testimony* of this Gentleman, who I suspect was wisely not pressed to give his opinion of the proximate Cause of the death of Sudds, is extremely scanty; and in my judgment more light as to this fact is to be collected from the necessary inferences arising from its omissions, than from any direct statement it contains. Appointed as Mr. Mclntyre had been to his official situation by the Governor himself, and called upon to attend an Enquiry involving, if not the life, at all events the character of His Excellency; an Enquiry, too, at which His Excellency was most indecently sitting as President to judge in his own Case, whether he himself had or had not been guilty of murder or some lesser Offence; Common delicacy as well as common gratitude would obviously suggest to Mr. Mclntyre the propriety of not volunteering any evidence upon any points on which he was not directly interrogated. Hence we find him stating in substance that there was nothing, which he considered alarming in Sudds' Case, until after his Exposure on the Parade; and that even after his Death nothing unusual was found on opening his body except that " the Liver seemed larger than in general though healthy in all other respects"; that " there was mucus of a slimy, frothy description in the throat"; and "that the windpipe was rather inclined to a reddish colour"; and that " in his opinion the delirium, under which Sudds was suffering, occasioned the frothy substance collected in the windpipe, which he first thought was a slight degree of inflamation." From the whole tenor of this Gentleman's evidence, with which the Evidence of a Subordinate of the name of Thompson, who it is not insinuated possesses the slightest medical knowledge, and the evidence of Mr. McLeay (the latter too taken upon oath) are insidiously contrasted, merely to impugn the honest but unbending and unpalatable testimony, which Mr. Mclntyre found himself obliged to give before the Executive Council; because, as he himself states, although it did in some trivial respects vary from a preceeding desultory opinion, he would not commit "any particulars to writing which he could not verify on oath." From Mr. Mclntyre's testimony, I repeat, it is quite clear that neither during the progress of Sudds' illness, nor upon his dissection after his Decease, were any symptoms discovered, which could connect his Death with any dropsical or inflamatory complaint -arising from natural Causes. That event, therefore, must be traced to other sources, which Mr. Mclntyre, I dare say, could have developed, and would, had he been pressed. It occurs to

* Note 230.


me, however, that these are of no difficult discovery; and that 1829. they can be arrived at without Mr. Mclntyre's aid with a degree 28 May-of certainty at least sufficient to justify further enquiry as to Criticism of the death of Sudds before a competent Tribunal. It will be col- Ifa'tements. lected, as well from the Lieutenant General's Dispatches in appendix B, as from Mr. McLeay's statement before the Executive Council (sworn, I perceive, for some reason or other before one F. Rossi, J.P., and not before the Executive Council itself, any of the Members of which by the way were as competent to administer an oath except the Governor himself v as the said F. Rossi) That the Governor insists in the first of these Dispatches that " the extreme lightness of their construction " (by which I suppose he means the extreme lightness of the chains themselves) prevented their being injurious in any respect to the individual, and again, in his second Dispatch, that " the chains were put on a m a n of Sudds' size and stature in the presence of the Council, and it was proved by actual experiment that Sudds -could not have sustained any injury from them." And to counteract that- part of Mr. Mclntyre's Statement, which has reference to the conversation that took place between him and Sudds, after Sudds' punishment on the 24th November, as detailed both in his Official report to Mr. McLeay, and in his evidence before the Executive Council, in which Sudds according to him declared "I will never work in irons"; There is the extra-judicial oath of Mr. McLeay before the said F. Rossi, J.P., in which Mr. McLeay endeavours to establish that Mr. Mclntyre's first report of this conversation between him and Sudds was " that he would never go to a Penal Settlement." With respect to the superior credit, however, which is due to the mere statement of Mr. Mclntyre over the extra-judicial oath of Mr. McLeay (and which I need not tell you amounts in law to nothing more than mere statement), I have already, Sir, I think, presented to you rea- Alleged sons sufficiently cogent to justify m e in declaring that I would J^t'cieav not believe him on his judicial oath; but I shall have further and it. Darling. •occasion to draw your attention to the gross perversions of truth, which characterize as well His Excellency's Despatches to m y Lord Bathurst, as Mr. McLeay's Letter to the Editor of the Australian in appendix B, and which, you will perceive, form a still further ground for the opinion I entertain with respect to Mr. McLeay's as well as His Excellency's want of veracity. These Endeavours

parts of His Excellency's Dispatches and of Mr. McLeay's testi- delation of mony evidently point to what they knew to be the gangrene of £e

0a" 0f

th

this Case, " the Chains," and shew an extreme desire on the part J. Sudds. of the Hero in this Tragedy to disprove the possibility that " the Chains" could have occasioned death, and on the part of the


1829. 28 May.

Opinion of J. Sudds re irons/

Neglect to call medical evidence.

Alleged cause for neglect to take evidence of J. Mitchell.

principal Officer, Mr. McLeay, even to make it believed that the victim himself had never connected his sufferings or illness with the real and sole cause of them. That he had, however, so connected them is proved from other evidence than Mr. Mclntyre's. W e have Sudds' version of the proximate cause of his malady in the simple but affecting words of the broken hearted Soldier to his Comrade on the very night of the day of his inhuman exposure; when his wife and child being uppermost in his recollection, he exclaimed " they had put in them Irons until they had killed him." The Irons! ! ! The Irons! ! ! Then were the alpha and the omega of this Catastrophe; and, had Mr. Mclntyre's opinion as to the accelerating and proximate cause of the death of this Victim been- sifted before the Executive Council, as it would have been before a Coroner's Inquest, It is fairly to be inferred that it would not have differed from the opinion expressed by • the dying Soldier himself. That Mr. Mclntyre's opinion was not volunteered considering the extreme indignity, with which he was treated as well by the Governor, as by Mr. McLeay, speaks highly for his moderation and forbearance. But, if Mr. Mclntyre's statements in reference to the death of Sudds were really questionable upon any just grounds; if Sudds' death was the natural result of disease and not accelerated by extraneous events; if the suddenness of his relapse, his state of mind and rapid dissolution, without any traces of disease to account for it ; if all these facts do not concentrate in repudiating this inference sought to be drawn from Mr. McLeay's Letter and the Governor's Dispatches; Why,, I would ask, was not further medical evidence called in ? W h y was the opinion of Dr. Bowman the Principal Surgeon not asked upon his examination before the Council, or previously, as Mr. Mclntyre had been? W h y too was Dr. Mitchell, the principal assistant Surgeon of the Hospital, where Sudds died, not referred to ? It was known to the Governor and Mr. McLeay that this latter Gentleman was present at the Dissection of Sudds' body; nay more that he was the very Operator. Why, then, I repeat was not this Gentleman's opinion at all events contrasted with Mr. Mclntyre's, If Mr. Mclntyre's were faulty ? I will answer this Question for His Excellency. It was because the opinion of Dr. Mitchell had already reached Government House, and was known there to be more unfavorable to the Governor's Case than even. Mr. Mclntyre's. It was therefore thought to be a more prudent course to attempt to impugn Mr. Mclntyre's testimony, cautious and forbearing as I have shewn it to have been, than to hazard any further medical opinions on the subject.


But permit me, Sir, to solicit your further attention for a 1829. moment to the grounds, upon which Mr. McLeay in his " Volun- 2SMay. teer Affidavit" gravely seeks to invalidate the testimony of Mr. Alleged attempt Mclntyre. It will be collected from this Affidavit (which by the testimony'of way for some reason or other, which I take for granted will be J- MacIntyre. attempted to be explained, was not sworn until three days after the Dispatch founded on it was written, and until six days after it was submitted to the Executive Council) that Mr. Mclntyre's first Declaration before the Governor and Mr. McLeay, after the death of Sudds, was that there was " an inflammation or inflammatory appearance extending from the chest upwards to the throat, where it was more extensive, and which he observed was termed ' Bronchites,' " which " Bronchites " Mr. McLeay has not sworn that Mr. Mclntyre stated to be the cause of Sudds' death; but either the Oath is pregnant with this inference, or Mr. Mclntyre's statements can be in no wise affected by it. Supposing this then to be the inference sought to be established, I would ask, is it at all unusual to find the cleverest medical Practitioners not only differing in opinion from one another, but frequently receding from opinions deliberately formed and expressed by themselves. What ground of moral imputation then does it convey against Mr. Mclntyre, a young Practitioner, that he should, after mature reflexion, have so far varied from a previously expressed opinion, as not to have denied the existence of " an inflammation or inflammatory appearance" such as he at first described; but to have assigned it to a different cause, that is, not to " Bronchites," which he had in the first instance supposed might have existed, but to the " delirium" under which Sudds was suffering, and which Mr. Mclntyre finally concludes " occasioned the frothy substance collected in the Windpipe which he first thought was a degree of inflamatibn." What contrariety of opinion is there here even on the inference of Mr. McLeay ? or, if there be any, what does it amount to ? Certainly not to a total change of sentiment on the part of Mr. Mclntyre, but merely to the transfer of certain ascertained symptoms from a supposed cause of Disease, which never did exist except for an instant in the speculative imagination- of Mr. Mclntyre himself, to a real " delirium " under which the Deceased had been actually suffering for nearly three days previously to his dissolution. So much then, Sir, for this mouse of a contradiction, which the mountain labor of this Affidavit has brought forth. Supposing, Suppositions however, for the sake of argument that the death of Sudds could bronchitis. be fairly traced to that " Bronchites," or inflammation for which Mr. McLeay so fruitlessly contends, H o w , as it has been justly enquired in a recent number of the " Australian," would he account

8 22 HISTORICAL RECORDS OF AUSTRALIA.

1829. for the access of this disorder ? What could he assign as the pre-28May. disposing cause ? was it common cold ? and if so where was it taken ?

Suppositions no^ o n the Parade, for there it was burning hot. Perhaps then it

bronchitis. was an over heating of the blood whilst there, the effect of an almost vertical Sun or a hot wind, and a subsequent chill ? Or could a sense of wrong or a feeling of shame arising from an extraordinary punishment and degradation make the Blood boil and produce increased action, fever and inflammation? Or might not an iron Collar, which in the language of Thompson was " so small that it would not admit any thing to be between it and the neck but a Cotton handkerchief," and that Sudds, although restless and anxious to change his position, would not submit to have his Collar turned " so as to allow him to lie on his back " from the very dread of the agony he would have to undergo; I repeat might not a Collar pressing round the neck to this degree for twenty eight hours have produced " an inflammatory appearance in the throat and a frothing in the Windpipe " ? It would rather seem then that, if " Bronchites " had in fact occasioned the death of Sudds, sufficient predisposing causes might be assigned for the existence of such a disease in the nature of his punishment; and that the Lieutenant General's Case would be in no wise bettered by actual proof of all that the Colonial Secretary has labored to establish in vain.

Combination I take it to be sufficiently proved then from the extreme sus-favour of death ceptibilities which are apparent in the acts and .correspondence accelerated by 0f the chief Dramatis Personse, as disclosed in the public Docu-pumshment. . n. ' . •. _ , T

ments m Appendix B, Irom the testimony oi Mr. Mclntyre, with reference as Well to its material omissions, as to the scantiness of its details, and from the corroborating testimony of the Sufferer himself (which appears to have been given as it were in extremis, and may probably with some further explanation from Thompson be hereafter considered admissible evidence in a Court of Justice), That the death of Sudds, if not wholly occasioned, was at least accelerated by the punishment thus inflicted on him by his Excellency's authority. What was the process, if I may so term it, of his death; whether it was the effect of a Coup de Soleil arising from the exposure of his already debilitated person to the scorching blaze of an almost vertical Sun; Whether it arose from exhaustion and " consequent depression of Spirits " ; Whether from mere inanition resulting from such depression; Whether from the unusual Weight of the Irons themselves and the severity of the punishment, which he was made to endure in the then feeble state of his health; Or whether in fine his malady was purely of a mental character and originated solely in the unlawful degradation, to which he had been subjected by


exposure on the Parade in the fantastical irons and dress, in 1829. which he was exhibited to the gaze of his former Comrades: To 28 May-which of these Causes separately, the death of Sudds is to be ascribed, or whether to the whole of them in combination, perhaps it may be deemed somewhat premature to pronounce a decided judgment without further scientific testimony. M y own Opinion opinion is that -the agony occasioned by the contrast of his former wîw'rth r Condition of a Soldier and his then degraded condition of a cause of death. Felon pierced his soul for the first time, whilst undergoing his bodily torture on the Parade, and brought on that depression of spirits and delirium, which in a few days terminated his earthly career, and rescued him from that further torture to which he was doomed. M y reasons for inclining to this opinion are 1st: The labored attempts which His Excellency makes to parry this inference at the close of his first Dispatch to Lord Bathurst in Appendix B, where, after dwelling on the great and important service that has been rendered to the country at large (upon the nature of which by the bye I trust His Excellency will be more explicit in His reply to this Letter), he observes, " As to the fate of Sudds, it can hardly be supposed that a man, who could deliberately commit such an act with so base an intent, could possess any sense of shame or really feel the degradation, to which he had wantonly and wilfully subjected himself "; And 2ndly. The total absence of any symptoms of any disease upon the dissection of Sudds' body with which his sudden dissolution could be physically connected. The Paragraph, which I have quoted from His Excellency's Dispatch, sufficiently points if not to his own surmises as to the proximate Cause of this Catastrophe, at least to what he inferred must be the surmises of others; and the appearance of the body itself on dissection negatives, as I have already said, the possibility that it could have arisen from that dropsical complaint with which the deceased had been, it would seem, at intervals afflicted and a slight attack but only a slight attack of which he was suffering at that time.

That the death of Sudds was in some way or other the direct J£fe™n«e re

consequence of his punishment, and that the Lieutenant General R. Darling of has been all along cognizant of the fact, I think may be fairly use of death.

adduced from the whole course of conduct subsequently pursued by him. I would ask, if Sudds died from natural causes, by which I mean natural causes disconnected with his punishment, W h y was not a regular Coroner's Inquest held on his body ? W h y Alleged reasons

too was he removed from the Gaol merely to die in the Hospital'? hoidinquert.0

W a s it the same Mr. McLeay, who proposed that " Bronchites " should be falsely inserted in Mr. Mclntyre's official report to him,


1829. contrary as Mr. Mclntyre states to his deliberate opinion, and 28May. contrary to what would have been and what will be, if ever he

Alleged reasons sh0uld be examined in a Court of justice, his recorded oath? Was re omission to . T . . . „ ,, . , .. . n , , hold inquest. lt I repeat at the instance ot this busy accessary, this would be

suborner of perjury, that the dying sufferer was not allowed to run out the closing sands of his existence in peace? Was it at his instance, or was it the spontaneous act of Mr. Mclntyre himself? I have, Sir, only my own surmises on the subject; but this I can say that, if Sudds had died in the Gaol, the then Sheriff of the Colony, who is an old Lawyer and a true lover of the Constitutional usage of his Country, would not have failed to have caused that Inquest to have Been held on the body of the deceased, which is required by the Law. This I know, and the Government must have known likewise. The necessary result of such an Inquest would easily be anticipated by the Lieutenant General, and to relieve himself from the awful dilemma, in which it would have placed him, was of the first importance. Hence I infer that the removal of Sudds, after his recovery was hopeless, originated in a desire on the part of His Excellency that his Body, before the spark of life was quite extinct, should be placed where the Sheriff's directorial jurisdiction over ye Coroner did not exist.

inquest avoided Mr. Slade, the Coroner of Sydney at that time, being a

interest of " nominee of the Governor, and elected, not as Coroners are in coroner. England and ought to be here, according to due course of Law

by the freeholders of the different Counties, and holding, as he did and as all our Coroners still do, his Office merely during pleasure, It would, of course, be foreseen by His Excellency and his advisers, would be too good a judge of his own interests to convene any Inquest on any such ticklish occasion, even though no direct or indirect intimaticn should have been conveyed to him on the subject from Government House; a fact about which I see no mention one way or the other in Appendix B, and can only entertain my own opinion in common with the rest of the Public. This, however, I do know that His Excellency was apprised of the

Public demand death of Sudds on the very day it happened, and that, before the body of Sudds had been or could have been interred many days, a Coroner's Inquest was loudly called for both by the public at large and by the Public Press. I know too that such Inquest might then, and indeed for a considerable time afterwards have been held with as much chance of the Jury arriving at a true Verdict, as on the first day of Sudds' death; inasmuch as there was nothing in the appearance of the body itself either externally or internally, which could have given the Jury any insight


into the real cause of this, event; and their verdict consequently 1329. must have been altogether guided by the medical testimony 2«May. within their reach.

It was, whilst the independent Press of the Colony and particularly the Australian was making this public Call for a Coroner's Inquest, and whilst one universal feeling pervaded the unprejudiced part of this Community " that Sudds had sunk under the pressure of illegal punishment partaking of the character of torture," That Mr. W . H. Moore, the then Acting At- Request for torney General of the Colony, called on me as the Bearer of an o1w!aae

official message from the Governor, grounded on my supposed Wentworth connexion with or rather influence over the " Australian " to the criticism in following effect:—" To request for God's sake that I would press-exert my influence with the Australian and put a stop, if possible, to the observations which it continued to make on the case of Sudds and Thompson. That those observations had been most painful to the Governor, and that His Excellency solicited my advice and would follow any advice I should give him." This was on the 6th December, nine days after the death of Sudds. I replied to Mr. Moore that the best advice I could give the Gov- Reply ernor was the advice, which had already been offered him by the wentWorth Public Press, that a Coroner's Inquest would afford His Excel- torequest. lency the best and indeed the only legal mode of vindication then within his reach, inasmuch as the Case of Mostyn v. Fabrigas shewed that he could not be put on his trial for any offence committed by him within His Seignory; that His Excellency was wrong in imagining that I possessed any control or influence over any portion of the public Press; that my Public Connexion* with " the Australian," it was notorious, had long ceased; and that, if I did possess any private influence with the Editor of that Paper, I should certainly not use it in the way requested by His Excellency; that, on the contrary, I perfectly approved of the comments which " the Australian " had made on His Excellency's conduct; and that in fact I considered that conduct such a flagrant violation of all law and humanity that I would myself transmit a Letter of impeachment through His Excellency to the Secretary of State for the Colonies. This I requested Mr. Moore would intimate to His Excellency as my reply to his Message. In a few days afterwards, upon casually meeting Mr. Moore, I asked him, if he had conveyed my message to the Governor, when he replied that he had; and that the Governor considered my intimation " manly and honorable." Up to that period I had visited at Government House as other Gentlemen of the Colony, and had always been received and treated by His Excellency with marked hospitality and respect. All private

* Note 231.


1829. 28 May.

Cessation of intercourse with R. Darling.

Persecution alleged by W . C. Wentworth.

communication, however, immediately ceased between His Excellency and myself, and I have since been exposed to an incessant system of persecution, which I shall probably do myself the honor of shortly submitting to your consideration in the first instance, and afterwards, if it should be necessary, to the consideration of Parliament. I only allude to these things at present to shew you the origin of that course of oppression, which has been adopted towards me here and of that system of vituperation, which I have good grounds of belief will be developed in some of His Excellency's Dispatches now lying in your Office. It cannot of course be expected that I could vindicate my character against covert attacks of this nature. Against a Public representation indeed From such a quarter, it is probable that I should not condescend to resort to any other mode of vindication than is to be found in the Tribunals of my Country. I am in fact, Sir, as little disposed to recognize the existence of any legitimate authority over me or my conduct in any Secretary of State, as in any Governor. I feel myself only subjected to that fixed- rule of action, which is prescribed by the laws of my Country to all the King's Subjects, or which is enjoined by the usages of Society and in well regulated minds have the moral force and efficacy of Law. Nor is it, Sir, as a private individual seeking private redress as against another private individual, that I shall at any time crave your protection or the judgment of Parliament, but as against the public oppressions, which have been practised by the Governor towards me colore officii; Oppressions to effect which the power delegated to him by His Majesty has been basely prostituted; Oppressions which I know to be public crimes, and for which the Tribunals of this Colony can afford me, as I am aware, no redress against the Governor himself, and have, in one instance, the only one in which I have ever resorted to them, refused me that redress against the Governor's responsible adviser and agent, which I feel satisfied would not have been withheld from me on a like application against any of His Majesty's confidential advisers in England. M y own private injuries I have, up to the present hour at least, been always able to avenge myself; And, as far as Lieutenant General Darling is concerned in these, the day of His private accountability to me will be the day of his removal or departure from this Government. I make this brief allusion to myself to account for the vituperation, which has been heaped upon me, and to shew the source and the only source whence it has sprung; For from the day Mr. Moore called upon me, as before stated (at which time it is evident from the very nature of the message of which he was the Bearer that the Governor and myself were on friendly terms) up to the present hour, I


have never had any personal difference with His Excellency, or 1829. done any act which could justly subject m e to His public dis- 28May. pleasure. All the persecution and vituperation then, which have Persecution followed m e since the 6th December, 1826, are referrible solely by-wt'c. to that " manly and honorable " course of conduct, which, accord- Wentworth. ing to His Excellency's admission, I had adopted towards him on that day.

From this statement, Sir, it will be obvious to you that, on and Public demand before the 6th of December, at a time when the body of Sudds for inquest

might have been very easily disinterred so as to allow a Jury to go through the mere form of a view of it (for as I have proved a view in such a case could in law have amounted only to mere form), a Coroner's Inquest had been called for publicly by the Press, and this Call privately enforced by me. Instead however of this old constitutional mode of Enquiry, the Lieutenant General, it appears, thought fit to convene on the very self same inquiry by 6th of December an Executive Council, presided at by His Excel- council™ lency himself and consisting besides, as I a m informed, of Chief Justice Forbes, Colonel Stewart the then Lieutenant Governor, and Mr. McLeay the Colonial Secretary. This Council adjourned over and closed its Sittings on the ninth of the same month, when they recorded an opinion, beneath the shelter of which His Excellency without doubt expected to be as safe at least as beneath any verdict which he could expect from a Coroner's Inquest. At the tenor of this " recorded opinion," I should have felt no surprize though it had amounted in substance to a verdict of " Not guilty," knowing as I do the pliant elements of which the ma- influence of jority of the Council were composed, the substantial thousands of members11!!0" acres which one of the members the Lieutenant Governor had council. already received, and the equally substantial thousands, which were spread in the perspective of another of them, I mean the Colonial Secretary. M y only surprize is that the -Chief Justice Criticism1 of should have so far descended from his high estate as to lend the l°y p.'Vorbe's. sanction of his presence and his name to such a course of proceeding. H e at least ought to have known better things. It was, I conceive, his Duty as Principal Coroner of the Colony to take care that no mock tribunal should be substituted under his sanction for the ancient Inquest of the C o m m o n law; It was his duty, I conceive, as principal law adviser of His Excellency to have pointed out to him the gross indecency and unconstitutionality of presiding in a Case, where he himself was to be judged; It was his duty, I conceive, after the Case of Sudds and Thompson was thus brought under his official notice, to advise His Excellency against any further perseverance in tlm illegal punishment which the survivor Thompson was undergoing; It

828 HISTORICAL R E C O R D S OF AUSTRALIA.

1829. was his duty finally, I conceive, to have protested against the 28May. whole investigation as a solemn mockery of justice, as being

Criticism of without the Province of the Executive Council, and as pro-by F. Forbes, pounding matters therefore upon which the Members of the Coun

cil were not competent to offer an opinion. If the Chief Justice was present at the Sittings of the Council and failed to adopt the measures, which I have just pointed out, and to enter his solemn protest against the most unconstitutional precedent thus sought to be established, H e is, I conceive, unworthy the dignified office which he fills, and has neglected upon an important crisis-one of the most important duties which it had devolved on him. This charge against the Chief Justice, however, rests wholly on the Hypothesis of his having been present at the Council, and having acquiesced in the proceedings and opinion recorded by it. And as, Sir, I consider it but fair that he should have an opportunity afforded him of explaining his conduct on this occasion, It is m y

Extracts to be intention to transmit him a Copy of those Passages of m y Letter F. Forbes. which refer to him, and it will be then for him, Sir, to forward

to you through His Excellency or otherwise at his discretion such explanations or defence as he m a y deem advisable. The Passages, which I intend to extract for the Chief Justice's consideration, and also m y accompanying Letter to him will be found in Appendix G, hereunto annexed.

Constitution, Before I advert to the contents of this " recorded opinion," it -and province niay be as well, Sir, to draw your attention for a moment to the councn1'"6 constitution of the body from which this opinion emanated;

What is the intention of an Executive Council; for what was it created; what is its jurisdiction or province? It is clear that, in contemplation of law, such a body has no legal recognized existence whatever, and that its acts cannot bind any other of the King's Subjects than such of His Majesty's Civil Officers as His Majesty, by his instructions under His Royal Sign Manual or otherwise, has subjected or may hereafter subject to its control; and that it cannot bind them any longer than their respective offices continue. These instructions, I believe, have rendered it imperative on the Governor of this Colony for the time being to advise with the Executive Council on certain matters, and to act upon the opinion of the majority of its members in such matters. In every instance however, the duty of that Council, as it has been well observed in a late number of the " Australian," is to give advice to the Governor upon matters which are prospective, to propose remedies for evils which are likely to occur, to divide the responsibility of the Governor in all acts to be performed, upon which he may require their opinion, but not to sanction the past or to take upon themselves any responsibility for what has


been done without asking their advice. It presupposes indeed 1829. a logical and physical impossibility that their opinion " recorded " 28 Mav' or otherwise could have relation backwards, so as to cover any Constitution, act to which they were not originally privy, or at least which had ind province been perfected without their sanction. Viewing then the " re- council1*"6

corded opinion " of the Council in the Case of Sudds and Thompson in connexion with the powers delegated to the Council by His Majesty, one or other of these dilemmas necessarily occurs out of any possible state of things, which could have existed at the time this " recorded opinion " was given. Either the Council had been consulted by the Governor and had sanctioned the " commutation of punishment" as it is termed, which Sudds and Thompson underwent, or the Council had not been consulted upon and had not sanctioned it. Upon the former supposition, the Council would be participes criminis, and their " recorded opinion" would only be an insidious attempt to conceal their own iniquities. Upon the latter supposition, their " recorded opinion," as far as it may attempt to exonerate the Governor, involves as I have shewn a logical and physical incompossibility. Having thus shewn you that the Executive Council, in expressing invalidity of this " recorded opinion," wandered altogether out of their orbit, °%™°n. °f

It would seem to follow that the very act of assembling the convention of Council to inquire into and pronounce an opinion on the circum- "deme^nour stances attending the death of one of His Majesty's subjects amounted in fact to an usurpation of the jurisdiction, vested by Law in a Coroner's Inquest, and, if I a m not greatly mistaken, amounted in law to a high misdemeanor not only on the Governor, who convened the Council for such a purpose, but in every • Member of it who lent himself to this most illegal proceeding.

The names of the Members, who were present, I have already stated and also the grave nature of the subject which was to be enquired into. This indeed is apparent on the face of the published proceedings of the Council in Appendix B. The Wit- witnesses called nesses called it appears were Martin Wilson the Under Gaoler, yc<

John Toole first Turnkey, John Thompson Medical Attendant, Mr. Mclntyre Assistant Surgeon, and the Captain Dumaresq and the Mr. McLeay, to w h o m I have had such frequent necessity to make allusion. It will be seen that all the witnesses examined, status of except Mr. Mclntyre, to whose Evidence I have already adverted at some length, and Dr. Bowman, w h o m it was not deemed expedient to interrogate to a single material fact, were either mere underlings or, as I have already shewn, accessaries in the crime, which was to be enquired into. Every person present besides was an Officer of Government, and not a Witness was examined who was not liable to be displaced from his situation at least for a

witnesses.


1829. 28 May.

Influence of R. Darling on witnesses.

Evidence adverse to R. Darling.

Witnesses available, but not called.

Alleged object of R. Darling in convening council.

Opinion of council re illness of J. Sudds.

season without any enquiry. H o w far this knowledge must have operated on the nerves and conscience of the Under Gaoler, Turnkey and Medical Attendant, whilst they were giving their statements under the very Nose of His Excellency, exhibiting himself as he did to their astonished view at one and the same time as the President of this Tribunal and the Prisoner to be tried by it, it is not difficult to imagine; and my surprize is not that these poor intimidated witnesses, under such circumstances, should have said so much, but that they did say so little. The substance of their statements, it will be seen just now, is but little favorable to His Excellency; a fact which I can only account for either from the utter impossibility, in which they felt themselves of perverting the few simple facts of the Case, or from their not having been in the hurry or oversight of the Enquiry duly reviewed before hand in the Colonial Secretary's Office by the Colonial Secretary himself. But the gross indelicacy of resting such a Case on the testimony of such witnesses proves the sad dilemma, in which the Governor knew himself to be placed; when such men as these were selected by him in exclusion of Witnesses so much more above the influence of intimidation or favor such as the Sheriff, Dr. Mitchell and the Officers present on the Parade; Witnesses who might have been called, and I assert would have been called had the truth only of the circumstances, which led to the death of Sudds, been sought after. But truth and a " true Verdict" were not the aim of His Ex

cellency. His conscience must have satisfied him that he had no chance of acquittal before the only legal Tribunal, which could have been resorted to; and that the opinion of the public recorded by the Public Press could be got rid of in no other way than by a Counter recorded opinion by those of his Creatures, who composed the Majority of his Executive Council. To the good and sufficient consideration, which two out of the three Members of this very select body then present had or expected to have for their votes I have already adverted; And I may add with respect to both these Gentlemen that every reasonable anticipation, which they could then have formed, has been most abundantly realized. Having premised thus much, I will now revert to the " recorded opinion" of the Council and examine as well its exertions as the evidence on which they rest.

The " recorded opinion," then, after fixing the various periods of Sudds' confinement in the Gaol Hospital, goes on to state: 1st. That no report was made by the Surgeon to the Government at any time of Sudds' illness, nor was it known till after his decease. Upon what this assertion of the Council rests certainly does not appear from any evidence, which is to be found in the


published Minutes of their Proceedings in Appendix B. On 1829. the contrary, it is entirely at variance as well with that evidence, 28 May" as with the statement of the then Sheriff in Appendix F. The Criticism of Evidence of John Thompson is that, " on the 23d November, TOrknc^with Sudds was brought to the Hospital between twelve and two evidence' o'Clock, and placed in Bed. Mr. Mclntyre saw him immediately, and ordered his irons to be taken off. Mr. Toole, to whom this order was given, replied that the irons had been put on by the direction of the Government, and he could not remove them. Mr. Mclntyre observed the irons are too heavy to be worn here, and they must be taken off whilst he is in the hospital at any rate." The evidence of Toole is " the irons were removed by me on Thursday the 23rd November about four o'Clock." Mr. Mackaness states on the 23d (meaning the 23d November) I saw the Prisoners in Gaol; Sudds was sitting on the stones; he looked very ill, complained much, and said he should die if his Irons were not taken off; I told him I would send for the Surgeon, who might order them off if necessary; but, as I understood the Governor had ordered them on, I could not relieve him. It would seem then from the Sheriff's statement that he thought that the onus of taking off the Irons rested with the Surgeon, and from Thompson's Evidence that, the Surgeon's opinion being the same, he ordered the Irons off between twelve and two o'Clock, but that Toole the Turnkey refused to remove them. It is not stated whether Toole was present when the Sheriff told Sudds " that he would send for the Surgeon, who might order them off." If Toole was present, it is clear he set the Sheriff's opinion at defiance. One thing, however, is obvious that the Government possessed a power superior to the Sheriff in the Gaol itself; and that two hours at the least, perhaps three or four, elapsed before the necessary orders- could be obtained to relieve Sudds from his Torture. What then becomes of this part of the " recorded opinion " ? It may be true "that no report was made by the Surgeon to the Government at any time of Sudds' illness "; but it cannot be true that this illness was not known to some Member of the Government from other sources at least, when the Irons were ordered off.

It will be seen indeed that the Governor's Dispatches contain statements by R DsxliriEr rs

no such assertion that the illness of Sudds was not known to ninessof him " until after Sudds' Decease." All the Governor asserts is J- Sudds-that " no report was made by Mr. Bowman the principal Surgeon or his Assistant of the illness of Sudds; consequently the Government had no reason to suppose he was unwell." This part of His Excellency's second Dispatch evidently means to confine the disavowal of any knowledge of Sudds' illness up to and at the


1829. 28 May.

Alleged want of evidence for opinion.

Ambiguity in words of council.

Tendency of opinion.

Reason alleged for removal of •I. Sudds to hospital.

Omission of surgeons to report illness.

time of the " Ceremony." It does not attempt to push the Governor's ignorance of this fact beyond that date; and it is entirely silent as to when his knowledge of the last illness of Sudds really commenced. If that Paragraph, therefore, of the " recorded opinion " to which I am adverting, means to exculpate the Governor further than he has endeavoured to exculpate himself in his Public Dispatches, then the assertion it puts forth is not only opposed to that part of the evidence submitted to the Council, which I have referred to, but it is wholly unsupported by any other evidence to be found among their published Minutes. Either then the whole of the evidence given before the Council does not appear in the Parliamentary documents and Proceedings in Appendix B, or this assertion of the " recorded opinion " is totally destitute of foundation. There is however in this Paragraph of the " recorded opinion " an evident ambiguity (the result of accident or design) from which the Governor's dispatch is free. If the Paragraph means only that no report was made of Sudds' illness previously to the 22nd November, then the Dispatch and it agrees; If it means anything more, and be intended to insinuate that the Governor was not aware of the last illness of Sudds, until after his Decease, why then I leave the Council in that dilemma which I have stated; or else the minutes and proceedings of the Council have been forwarded to the Secretary of State for the Colonies by His Excellency, garbled and shorn of their fair proportions; or there is another alternative affecting yourself, Sir, in your high office, which, as I have not the indecency to contemplate its possibility, I will not commit to Paper. Putting however the widest construction on this Paragraph

and supposing it to have been based on some statement, which ought to have appeared among the published Minutes of the Council but has been kept back, the only tendency of this part of the "recorded opinion" is to relieve the Governor from the suspicion, which is generally entertained here, and which I have not hesitated to avow as my deliberate conviction, That Sudds was removed in a dying state from the Gaol with the privity of the Governor and merely that the body might not be subject to the Coroner's Inquest.

The death of Sudds, I think I have already proved, is not to be ascribed to any ailment under which he was laboring on or before the 22d November. The omission of the Surgeons, therefore, to report an illness, which was deemed by them of no importance, is only material, as it would certainly have cast a deeper shade of inhumanity over the Tragedy, had the " Ceremony" been directed with a knowledge that either of the persons, who were to undergo it, were at the time in a state of bodily ailment. 2nd.


" The recorded Opinion," after noticing the weight and dimen- 1829. sions of the Chains exhibited to the Council, a subject to which 28 Ma}

it is needless to recur, next states "that they" (meaning the Opinion of Chains thus exhibited before the Council) " were evidently in- chaiiS. ™ tended to produce an effect on those, who were to witness the ' Ceremony,' and not to subject the Prisoner to any extraordinary punishment." Upon this Paragraph, it is only necessary to observe that the Council could have known nothing of His Excellency's intentions, except in as far as he may have vouchsafed at this solemn farce to explain them, unless perchance they had attempted to form an opinion of their own, and had gone on to judge men, as other Tribunals are wont, not from their words but from their acts. Had these,, which our law wisely object of u considers the proper criteria of intention, been adverted to in this °ha ™

sual

instance, the Council, I think, would hardly have ventured to insinuate (for it is at most but insinuation) that " effect on those, who were to witness the Ceremony," that is example to the Garrison, was the main object of the " Ceremony " itself. If this, however, were the main end of the " Ceremony," which after being so designated is admitted by " the recorded opinion " to have been "punishment" though not "extraordinary punishment," why did not the ceremony itself cease with the Parade? Why, after the conclusion of the " Ceremony," were not the ordinary Irons, in which Felons on the roads are worked, substituted for these fantastic embellishments? Why. were these instruments of torture persevered in until Sudds was dying, and again, after his death, until Thompson had contracted incipient Dyssentery? It is evident then, from the whole course of conduct pursued by the Governor towards these unfortunate men, that his original intention was not only to exhibit them to the Garrison in these Chains, but to work them both in the self same Chains on the Public roads during the full term of their sentence. This intention, indeed, is openly avowed in the con-eluding Paragraph of the General Order. It is useless for the " recorded opinion " to insist that " the Chains were not intended to subject the Prisoner to any extraordinary punishment." It is probable enough that, the Chains, produced before the Council and weighing 13 lbs. 12 ozs., having " been put on a Soldier of the 57th regiment selected by His commanding Officer as being of the same Stature four feet seven and a half inches and size as his Comrade Sudds, their dimensions were found to be ample and there was nothihg in their construction to prevent a man lying in any posture "; supposing all this to be as strictly true as I have already proved the most material part of it (I mean with respect to the alleged weight of the genuine irons) to be

SER. I. VOL. XIV—3 G


1829. 28 May.

Erroneous conclusions drawn by council.

Effect of punishment on J. Sudds and P. Thompson.

Alleged alteration or suppression of documents.

grossly false, It still by no means would warrant the inferences which the Council have drawn from this exhibition before them that there was nothing in their construction to " prevent a mar from lying in any posture," and again that they were not intended " to subject the Prisoner to any extraordinary punishment." In reply to these inferences of the "recorded opinion,'1

it has well been urged, " did this man remain in the irons foi hours?" Put even a Boot on that is not long or large enough for the foot; the elasticity of the human frame will bear tht pressures for a short time without being conscious of uneasiness; extend the time an hour to hours, the pain becomes excruciating. But it is said the men were of the same dimensions. Were theii necks the same size? Were their ancles? The evidence ol Thompson puts it beyond doubt that they were not, and that therefore the very premises, on which the Council built this part of their " recorded opinion," are altogether fallacious.

But it is needless to combat any further either the assertions or inferences of the " recorded opinion." To its speculations and mis-statements, I opposed facts. The punishment, to which the " Chains " did subject Sudds, is sealed by his death. The punishment, to which " the Chains " did subject Thompson, was in the expressive language of the sufferer himself " intolerable," and would have been sealed by his death also but that a mysterious providence willed it otherwise. Slender and futile, however, Sir as are the grounds of palliation for His Excellency's conduct, which are exhibited by the proceedings and " recorded opinion " of the Executive Council, what guarantee is there that the genuine proceedings and opinion of that body have been transmitted by His Excellency to the Secretary of State for the Colonies? The originals of their documents, I presume, are preserved as a matter of course among the Archives of the Council ; and what could be more facile than for His Excellency and Mr. McLeay (seeing that Colonel Dumaresq another of his Excellency's brothers in law was then Clerk of the Council, and I suppose, virtute Officii, keeper of the records) to pick and cull from the proceedings and " recorded opinion " what best suited His Excellency's case, and to transmit some or all of these Documents in this garbled and imperfect state for the information and edification of the Authorities at home? To Gentlemen, who could so opportunely cause a set of irons to be fabricated in a previous stage of this Tragedy, the fabrication "or alteration or suppression of "minutes of proceedings or recorded opinions," besides preserving throughout the unity and consistency recommended by the Poet, would evidently be comparative nothings. I must here again deplore that I should be obliged to


•express myself in such terms of the persons, who still virtually 1829. •compose " the Executive Government of the Colony "; but the 28 May-fault rests with those in the Mother Country who appoint such men, not with those here who are unwillingly submitted to their mis-rule.

Whether the proceedings and recorded opinion however of the Executive Council, as published in the Parliamentary Papers, be genuine or not, Thus much is evident, that even in their pre- Failure of sent state they afford no sufficient ground of justification for the council to Lieutenant General's conduct, and that they not only leave the ofR. Darling! •death of Sudds, where Mr. Mclntyre's evidence and the dying -declaration of Sudds' himself, have left it at the Lieutenant General's door, but, what I conceive to be a still worse predicament, they so leave it coupled with a necessary admission, flowing from the very assembling of the Executive Council, that the •death of Sudds required investigation; that is, required what the Lieutenant-general had the power to direct; what, as I have proved, he was called upon to direct; and yet would not permit in the usual and legal way.

The death of Sudds, then, having been, as I conceive, thus -clearly occasioned or accelerated by the punishment inflicted on him by authority of the Governor on the 22d November, The R. Darling next question is, what offence does it amount to in law ? Is it charged with murder ? I think it is, and must be so held. In cases of murder, according to the Charge of Lord Chief Baron McDonald in Governor Wall's Case, " The first thing is to establish the fact that the Prisoner was the cause of the death of the person deceased. That being done on the part of the public, it throws upon that individual the burden of proving either that it was justifiable, or that it was necessary, or whatever qualification that fact may receive, and it is from evidence on his part that he is to explain that to the Jury." The fact that the Lieutenant General was the cause of the death of Sudds having been, as I conceive, fully established, " the burden of proving that it was justifiable or that it was necessary, or whatever qualification that fact may receive," according to the above charge of M y Lord Chief Baron McDonald, is thrown upon the Lieutenant General. This brings m e to an examination of the grounds of justification, Grounds for which are relied on in His Excellency's Dispatches; And these punishment! are First: that the punishment inflicted on the deceased Sudds by virtue of the General Order was authorised by the 6th Section of the Act or Ordinance of the Legislative Council, No. 5 of the year 1826. 2ndly. That the punishment was necessary " to check the dangerous disposition which had manifested itself in the Troops." The Lieutenant General's defence then is twofold,


1829. embracing matter of law and matter of fact. I will advert to 28May. ^ e s e points in the order in which the Lieutenant General has

justification advanced them. And first as to his defence in law arising out act of council, of the 6th Section of the before mentioned act* or ordinance of

the Legislative Council. It will be seen from the very language of this Section that it is not a substantive and independent enactment, but contains, in the words "Penal settlements or places

• as aforesaid," direct reference to some one or more antecedent parts or Sections of the same Act or Ordinance. To have enabled my Lord Bathurst, therefore, to judge of the validity of this ground of defence, it was indispensable that the whole Act or Ordinance (of which this Section formed but a part and a small part) should have been among the Enclosures subjoined to His Excellency's Dispatches in Appendix B. This course, however, the Lieutenant General was perfectly aware would not answer his ends; and I do not hesitate, Sir, to denounce to you as a most uncandid, dishonorable and infamous trick; A trick which could only have arisen in a consciousness of guilt; the suppression by His Excellency of the preceding five Sections of the Act or Ordinance in question, which would have satisfied the most superficial enquirer of the illegality of his conduct, and the appending to his dispatches the sixth and last Section only, because it was the only Section from which even a color of justification could be drawn. It is, I conceive, to this artifice, coupled in some degree with the hasty and immature consideration, which the Lord Viscount Gooderich at the time the Lieutenant General's dispatches arrived in Downing Street was enabled to bestow on them in consequence of the pressure of weightier business, That whatever official sanction or approval may have followed is mainly, if not wholly, to be ascribed. This conclusion then

Effect of alleged naturally raises the question, "What does trickery of this kind suppression on T i • •> • • T -i • •

of facts. amount to ( And I take it that, involving as it did in this instance a wilful and material concealment of the Law, it clearly belongs to that class of frauds which are termed " Suppressio veri," And which in law as in morals are held sufficient to vitiate any contract based upon such fraud, with whatever solemnity the Contract itself may otherwise have been completed; What would suffice to cancel a Contract will of course Warrant the revocation of an opinion; And this consideration is the more important, inasmuch as it would have relieved Lord Viscount Gooderich himself from any difficulty in retracing his steps, and consequently will do away with any delicacy, which you, Sir, might feel in being compelled to condemn what His Lordship, under a Suppression and ignorance of the truth, may have commended.

* Note 229.


The whole of the in part suppressed Act or Ordinance in 1329. question will be found in Appendix C, and the objects of it may 2S May-be briefly summed up- thus: Objects of act

1st. To interdict all unauthorized intercourse with the Penal 7 Geo. IV.'NO. 5. Settlements, allotted for the transportation of the higher Classes of Offenders in the Colony, and legally established for the first time by the Proclamation of the 15th of August, 1826. 2ndly. To legalize by necessary implication the transportation

of all offenders sent to these Settlements before the date of that Proclamation; to subject them to the like laws, rules and regulations as future Transports; and to indemnify all Officers and Ministers of Justice, who had illegally authorized or acted in their transportation. 3dly. To prescribe the mode, in which all original or commuted

sentences of transportation should be thenceforth carried into effect. 4thly. To give the Judges of the Supreme Court and the Jus

tices in Quarter Sessions in all minor offences a similar latitude of discretion in the awarding of punishments in the case of Convicts or persons, who had been Convicts, as is vested by Law in the Judges of the King's Superior Courts, and the Justices in Quarter Sessions in England, in the case of offenders there of the like degree. 5thly. To mitigate to a certain extent this discretion in favor

of " the free born and the come free," in other words in favor of " the Colonial Youths and Emigrants." 6thly. To enable the Governor legally to withdraw Persons

transported to any of the Penal Settlements established by the aforesaid Proclamation, by way of commutation of punishment. This Epitome of the Act or Ordinance will shew at one glance Act inapplicable

that it delegates to the Governor no authority to exercise any j° sudds and part of that power, which he assumed over Sudds and Thompson p- Thompson. in His General Order; These men on the 22d of November, the day of the performance of the " Ceremony," it is admitted were lying in Gaol under sentence of transportation for seven years, passed on them by a Court of Quarter Sessions. It will be evident therefore that the 6th Section of the Act or Ordinance relied on has no reference to Persons so. situated. It merely Powers empowers the Governor "to withdraw any Person or persons, actoYcounJii. now or hereafter to be transported or sent to any Penal Settlement or place as aforesaid, and to employ him her or them either in Irons on the public roads or works or in the ordinary service of the Crown, or to assign him, her or them to Settlers or others to be dealt with in all respects as if he, she or they were under sentence of transportation from England." The operation of this


1829. Section, therefore, by the express terms of it, is limited to the-28 May- withdrawing of Persons then sent or transported or thereafter

Powers to be sent or transported to Penal Settlements. The sending or act of council, transportation, then, is a condition precedent to the exercise of

the power of withdrawing vested in the Governor, according to-the plain words of the Act itself. The word "withdraw" is of no equivocal meaning; neither persons nor things can be withdrawn whence they never were; To withdraw, and not to send or keep back, involve even in common parlance the most palpable difference. They are not and never were considered to be convertible terms by any Prose Author, as far as I know, in our language; and this difference, plain and obvious of itself, is enforced by the words in immediate context with the word " withdraw," vizt., " any person or persons now or hereafter to be transported or sent to any Penal Settlement or Place as aforesaid," which words, it will be seen in their natural transposition and supplying the elipsis, stand thus, " any person or persons now transported or sent to any penal Settlement or place as aforesaid, or any person or persons hereafter to be transported or sent to any Penal Settlement or place as aforesaid." If the 6th Section of the Act, therefore, upon which the Governor founds his justification in law, contained a substantive and independent enactment and could be construed per se and according to its mere letter, without advertence to any antecedent matters, It obviously contains nothing that could warrant in the opinion of any man, who understands plain English, the punishment inflicted on Sudds and Thompson by virtue of the Governor's General Order. On the contrary, the operation of this Section is confined by the very words of it to persons actually under transportation to some one or other of the penal Settlements or places appointed for Transportation by the Proclamation referred to in the Act or Ordinance itself.

But, as I have already premised, the 6th Section contains words of reference to some antecedent Section or Sections of the same Act, and must therefore, according to the recognized Rule of law, be construed if possible in conjunction with the other parts of the Act, and so that the whole Enactment may blend and harmonize together; Now the only antecedent Sections to be found in the Act, which are in pari materia, and which therefore can be taken in connection with the 6th Section, are the 2nd Section and the 3rd. The 2nd .Section, as I have already premised, legalizing "by necessary implication the transportation of all Offenders illegally sent to the Penal Settlements or places appointed by the Proclamation of the 15th August, 1826, before the date of that Proclamation, and subjecting them to the like laws, rules


and regulations as future Transports "; And the 3d Section, 1829. "prescribing the mode in which all original or commuted sen- ly' fences of Transportation should henceforth be carried into p°wers

coroierr&cl by

effect"; The 4th and 5th Sections involve no power of Trans- act of council. portation, but on the contrary invest the Judges and Justices with certain discretions or powers of commutation for transportation, which it is imperative on them in all Cases to exercise. If the 6th Section, then, be taken in conjunction with the 2nd

and 3d Sections of the same Act, it is clear that there is not only no repugnancy between them but that they harmonize in all their parts; and, what is more, they establish in connection with the 4th and 5th Sections of the same Act a regular gradation of punishment according to the scale of Crime, and beginning wit h " orders for transportation made by the Governor as a commutation for and instead of capital punishment," and ending with " imprisonment and hard labor within prison walls only, or in the ordinary employment of the Crown, or of the Assignees of the Governor." Looking indeed at the 3d and 6th Sections of the Act together,

it is impossible that the interpretation, sought to be put on the latter by the Governor, can stand without totally abrogating the former. But the two Sections may stand according to my interpretation, and establish a perfect harmony and concordance throughout the Act; whereas, if the Governor under the term "withdraw" can keep back .from transportation, the 3rd Section, although couched in the most imperative terms, becomes a mere dead letter, and the Governor stands at once invested with a discretion -paramount to all the Judges and Justices of the land. To suppose, however, that the Act meant to invest the Gover

nor with any such discretion as to the alteration of punishments, is not only to shut one's eyes to the Plain English of the 4th and 5th Sections of the same Act, by which the only discretions to be found in the Act, as to the degree of punishment to be awarded, are given to the Judges of the Supreme Court and the Justices in Quarter Sessions, but also to presuppose that the Governor is more competent to apportion the punishments due to offenders than the Courts before whom they are tried; And that the local Legislature, satisfied of his superior competency, meant to delegate to him the power either of adding to or detracting from the sentences of these Courts at his pleasure, a supposition, Sir, which I am sure you will not expect me seriously to combat. It is here that the 6th Section gives the Governor power, or, what is the same thing, a discretion to withdraw Offenders actually at Penal Settlements from a higher degree of punishment to a lower, or in other words to commute the punishment of persons


1829. so circumstanced; but the reason of this is obvious; after the 28May. £nRi sentence of a Court of competent jurisdiction, such a power

Powers or discretion as this (if necessary at all) could be constitutionally act o/councii. lodged only in the hands of the Executive. To place it in the

hands of Judges, after sentence pronounced, that is, after the judicial function had terminated, would be to invade the Royal Prerogative, and to erect Courts of Justice at once as to the Executors as well as the dispensers of the law.

Then was it necessary to invest the power of withdrawing Culprits from penal Settlements any where ? The answer is that, if such a power did not exist, the principle of reformation would be altogether excluded from the system of punishment enforced at those Settlements, and would consequently be repugnant to the System of punishment enforced here. But, if it be necessary to adopt such a principle in reference to offenders undergoing punishment in the elder Colonies in this part of the World, it cannot be less necessary that a modification of the same principle (and it is only a modification of it that is to be found in this Act or Ordinance) should be applied to those Penal Dependencies, which are merely stocks from the same root. It may, indeed, be fairly contended that, with respect to the Case of offenders transported from any of the elder Colonies to any of such Penal Settlements for a first offence at any time committed by them, The 6th Section should stricti juris have gone much further, and have empowered the Governor for the time being (if he does not already possess such a power) to extend to Convicts of this Class, by way of reward for exemplary conduct, the like remissions of sentence absolute or conditional, which are extended to Convicts of the same Class here. It is clear then that the authority, which is thus vested in the Governor of withdrawing Offenders from Penal Settlements to the Elder Colonies by way of commutation of punishment under the 6th Section of this Act or Ordinance, is but a modification of that principle of reformation, which it is one of the main objects not only of transportation, but of the whole System of secondary punishment recognized by the English laws, to promote; and that, if such a principle had not been recognized in the system of punishment, which prevails in the penal dependencies of these Colonies, the system itself would not only not be consistent with one of the great principles interwoven in the laws of England, the reformation of offenders, but would moreover be in direct opposition to the system of punishment which prevails here. But there was another reason for delegating to the Governor this

power of withdrawing offenders from these " penal Settlements or places " quite wide of their good conduct, a reason which had


operated strongly on the mind of His present Excellency shortly 1829. after his accession to this Government, and which he doubtless con- 28' ay' templated might prove equally influential with him again. Acting' Pow*er9

on the Proclamation in Appendix H, the Governor not very long act of council. before the Publication of the Act or Ordinance of the Legislative Council No. 5, with a view either to lessen the expence of supporting culprits at Penal Settlements, or to provide for those public and private Calls for Convict labour, which existed at that time, took upon himself of his own authority to remove upwards of five hundred Convicts from Port Macquarie, and to distribute among Settlers and in the public Gangs a set of the most desperate Ruffians (as was proved by the sequel) that were ever turned loose upon any Society. This act of the Governor would have been clearly illegal, if these Ruffians had been transported to Port Macquarie by due course of law, and Port Macquarie itself had been at that time legally erected into a Penal Settlement. But this very Act or Ordinance itself amounts to a Legislative declaration that no penal Settlement then legally existed in these Colonies for the reception of transported offenders, and consequently that no sentence of transportation could before the publication of that Act or Ordinance legally attach. But, as soon as Penal Settlements were legally established under the Governor's proclamation and in pursuance of His Majesty's Order in Council authorized by Act of Parliament, It was doubtless foreseen that offenders could no longer be removed for purposes either of reformation or economy from any such Settlements without the Legislative provision contained in the 6th Section. The Section itself then was clearly necessary to accomplish the views whether of reformation or economy, which might at any time actuate the Executive Government of the Colony. Viewing then this Act or Ordinance of the Legislative Council

in all its various bearings, it will I think, Sir, be manifest upon my reading of it, which is according to the plain import of the plain English in which it is couched, that it is both perfectly consistent with itself in all its parts and perfectly in union with the principle and policy of the laws of England; While, on the other hand, the interpretation sought to be affixed to it by the Governor is not only opposed to the plain letter of the Act or Ordinance itself, but raises such a repugnancy between the 3d and 6th Sections of it, that they cannot by possibility be construed together. For if the verb " to withdraw " in the 6th Section is synonymous with the verbs "to keep back," or "not to send " or " to retain," And if the Governor is empowered by it not to convey or transport to Penal Settlements persons duly under sentence or order of transportation, it follows necessarily


1829. that #ie direction, contained in these words of the 3d Section, 28May. viztv "that every sentence of transportation or removal, passed

Powers or to be passed on any offender in any Court of competent juris-act oTcouncii. diction in N e w South Wales, and every order for transportation

made or to be made by the Governor of N e w South Wales for the time being as a commutation for or instead of capital punishment shall subject the offender to be conveyed to such of the said places, as the said Governor for the time being shall direct and appoint, and that it shall be lawful for the said Governor to cause every such sentence or order of transportation or removal as aforesaid to be carried into effect at such time and in such manner as the said Governor for the time being, by any order or orders in such case made, shall direct." It follows I repeat that the whole body of this most prominent and highly penal Section, forming as it does the very groundwork of the Act itself, and neither vesting nor intending to vest any discretion in the Governor whatever, except as to the time, manner and place of carrying these sentences or orders of transportation or removal into effect, becomes a mere nullity, and that it stands altogether repealed by the 6th Section, According to the well known rule of law leges posteriores priores contrarias abrogant. A further absurd consequence of this reading of the Act or Ordinance would be that all the Penal Settlements or Places, legalized by the Governor's Proclamation* of the 15th August, 1826, in pursuance of His Majesty's order in Council of the 16th November, 1825, would be rendered inoperative, inasmuch as the 3d Section, which is meant to give the Authorities therein mentioned power to transport Offenders to these places or Settlements, a power without which in other words these Settlements or places could not be legally peopled with Culprits, would be in law repealed, and could not be legally acted upon, until another Act or Ordinance could be passed containing a sixth Section with more apt words in it than " it shall be lawful for the said Governor to withdraw," words, which if " withdraw" means not to send, leave him no discretion, but render it imperative on him, according to the rule of construction which prevails in the interpretation of statutes in England, not to send " any person or persons now or hereafter to be transported or sent to any penal Settlement or place as aforesaid." The Act or Ordinance in question, therefore, according to the meaning of the 6th Section "contended for by the Governor, would not only be felo de se in the most vital parts, but would be counter to the objects contemplated as well by His Majesty's Order in Council, as by the Proclamation of the Governor, both of which it recites.

* Note 232.


But it may be replied that the Sentences of Transportation, 1829. passed by the Quarter Sessions on Sudds and Thompson, was 28 May-illegal under the 5th Section of the same Act or Ordinance, and that, if the Governor was not justified in keeping back from transportation offenders legally sentenced by a Court of competent jurisdiction, he was justified, at all events, in keeping Argument on back Sudds and Thompson, whose sentence was illegal; In con- |fDarihigdue sidering this position, it is not necessary to determine whether to invalidity of it was competent to the -Governor to extend to those men an ttquarteT^ absolute or partial remission of an erroneous judgment. The sessions-question in this Case is, could the Governor of his own authority do away with one sentence, it not being legal, and substitute in its place another sentence equally illegal. If the Governor on perusing the 5th Section had perceived the error, which the Chairman of the Quarter Sessions had committed, and had bona, fide taken upon himself to rectify that error and to remit these men to the proper punishment, that ought to have been awarded under the Act, his conduct though illegal, and an assumption of the authority legally vested in the Judges of the Supreme Court, would not have been viewed nor would it have deserved to be viewed in the light in which a disgusted and indignant community now regards it. If the legality of such an act were questionable, its humanity at least would be admitted on all hands, and shield its author from any deep reproach.

But, standing as it does, it is surrounded with no palliations, want of On the contrary, on every side and under every aspect, it pre- punishment. f°r

sents its hideous deformities and developes the workings of a heart reckless alike of the dictates of justice and the feelings and rights of his fellow men; Let him turn as he will, a dilemma involves him, a dilemma equally reflecting on his breast and his heart; Either he believed the original Sentence passed on Sudds and Thompson to be legal, or he believed it to be illegal. If he believed it to be legal, why did he not carry it into effect, as he was enjoined by the 3d Section of the Act. If he believed it to be illegal, where did he find any power delegated, to him by any Section of the Act to cause Men, who had come free to the Colony, or even to cause thrice convicted felons lying within prison walls under sentence of transportation, not carried into effect, to be subject either to the military " Ceremony " or to be worked in chains on the public roads for the period of their Sentences as prescribed by his General Order. I repeat where was his authority for working men lying in Gaol under sentence of Transportation, no matter, whether de facto or de jure, for the whole period of their sentence in any Chains? Where too was his authority for having placed on the bodies of these men chains

844 HISTORICAL RECORDS OF AUSTRALIA,

1829. unknown to the English law, chains of the disgusting weight and 28 May- dimensions I have already particularized ? It frequently happens

illegality of that the aptest way to demonstrate the gross illegality of an punishment. Act is found in the means or process used to perfect it, One

illegal Act necessarily involving the commission of other Acts of the same character. Applying this test to the Situation of Sudds and Thompson, at the time of the Governor's General Order, And to the measures which it became necessary to employ to effect " the Ceremony " directed by it, Sudds and Thompson, it will be recollected, were both confined in the Gaol of Sydney, subject each to sentence of transportation for seven years. These men consequently were under condemnation by the Civil or Supreme law of the Colony and were in the custody of the Sheriff, the high constitutional executor of that law, awaiting the order from the Governor for carrying their sentence into effect, as directed by the 3rd Section of the aforesaid Act or Ordinance. No other order could legally attach to them, if m y reading of the Act or Ordinance be correct; And, if the Governor's reading of it be accurate, no other order could attach to them but such as directed one or other of the modes of commutation specified in the 6th Section. In this state of things, it was impossible that these men could be lawfully placed on a parade to be made any exhibition or spectacle of whatever; they were in the custody of the Sheriff, and could only be legally removed from that custody for one or other of the two modes of punishment chalked out by the act or ordinance, either the original punishment or some one of the commutations. H o w then were they got to the parade? The General Order itself is silent as to these details. The evidence of Thompson throws some light on the subject; but the illegal process used to accomplish this still more illegal punishment, and afterwards to replace these men in the legal custody from which they had been purloined, will be found in the statement of Mr. Mackaness, the then Sheriff, and the official letters appended to that statement. It will be seen that the authority of the constitutional officer

of the law'was superseded by the Brigade Major; that the Civil power in short was on this occasion, as it has been on many other occasions during this Government, superseded by the Military; And that the Military outrage, to which the persons of these unfortunate men were subject, involved a double infraction of the law, first, in the punishment itself, and secondly, in the means which preceded and followed it.

That the Governor possessed no authority, either by virtue of his military Commission as Commander of the Forces or his Civil Commission as Governor of the Colony, to inflict any


portion of that punishment termed " the Ceremony," which these 1829. men underwent in the presence of the Garrison on the 22nd of 28 jiy. November, it would be a waste of words to labour. As Com- illegality of mander in Chief, his authority over them ceased with the sen- punishment. tence passed on them by the Civil or Supreme law, at least during the continuance of that sentence. His Authority over them as Governor of the Colony is derived from the Act or Ordinance in question, and that, it has been shewn, gives him no power over Soldier Culprits, which he does not equally possess over Culprits of any other class that come within its purview. All the material parts of the punishment, therefore, or " ceremony " directed by His Excellency's General Order, viz., the parading of these men before the Garrison; The stripping off their Uniform; The dressing of them in felons' clothes; The Putting of them in new fangled and barbarous Irons, differing from the ordinary irons placed on offenders of the like degree; The drumming of them as rogues out of the Garrison; All these Acts, of which " the ceremony " was composed, were, it must be self evident, not only illegal, but have no ground or colour of Justification in any lawful authority, civil or military, with which His Excellency was or is invested. I take it to be demonstrated then, upon a full Failure of claim view of the Act or Ordinance of Council upon which the Gov- by act of ° emor has rested his 'Justification in law for the punishment council. inflicted by his Authority on Sudds and Thompson on the 22nd of November, 1826, that this, his main ground of excuse, fails him in every respect; fails him as to the withholding of these men from transportation; fails him as to the commutation of their sentence to working even in ordinal irons on the public roads for the period of that sentence; fails him as to the " ceremony," which he caused them to undergo on the parade; fails him in fine as to the extraordinary chains, which he ordered to be placed on them. His attempted Justification in fact is too puerile to require Want of

commentary, and shews conclusively the wretched shifts to which jofmnitary he was driven for an excuse, when he could imagine himself or reasons. hope to make others imagine that there existed any analogy between the condition of Troops stationed here in a British Colony in the most perfect state of Subjection to the Mother Country, And Troops serving in America after the Peninsular War, And deserting over to the enemy by fifties in a night. W h y the Lieutenant General's very order and despatch shew that no possibility of any such desertion existed here; else why did the seven Soldiers, alluded to in these documents; commit " robberies and maim themselves to obtain their discharge from the service " ? Supposing it to be strictly true that the whole of these men were


1829. 28 May.

Want of justification for military reasons.

Denial of statement by R. Darling re offences by soldiers.

actuated by the same " intent," where still was the just ground for inferring " that any dangerous disposition had manifested itself in the troops " ? W a s the example of infatuated wretches lingering out a laborious and painful exile of Seven Years among the most " atrocious criminals " likely to be so seducing ? Would any but madmen prefer seven years of such toil, degradation and exile, to the comparative ease and the honorable chances of a Soldier's life here or elsewhere? H a d the seven men alluded to, indeed, formed part of an invading army like those referred to in the Lieutenant General's Despatches, and this been an enemy's country, where deserters would have been received with open arms and rewarded for their treachery by grants of land and those other temptations, which proved too powerful for the patriotism of our Troops in America, the case of Sudds and Thompson, combined with the case of the other soldiers referred to, might have created some apprehension in the mind of a Commanding Officer and justified, during a state of Martial law, the application of strong measures of example and prevention. But, in a British Colony, whose tranquillity was as little disturbed as the very head and seat of the parent Empire itself, where the ordinary tribunals of the Country were in full operation and competent to visit every offence with its due weight of punishment; in a case too where the aid of those tribunals had been invoked, And where they had not only meted out that measure of penal infliction, which the law had annexed to the crime of these men, but had actually, through the ignorance of the dispenser of the law, meted out a much heavier measure; in such a country and in such a case, it would be as absurd to suppose that any parallel existed between the condition of Soldiers here and in America during the American War, As between that of Soldiers in America during the American W a r and in England. Nor is it credible that any such supposed Analogy could have misled the Judgment of any m a n of sound understanding, of any in short but an idiot or a lunatic. But, pitiful as this excuse in fact is, I am sorry to be under

the necessity of informing you that I believe it to be in part fabricated. The General Order, it will be perceived, only refers to the case of six men in the whole, including Sudds and Thompson, and only states that two others of them had " maimed themselves with the like intent of obtaining their discharge," which is imputed to Sudds and Thompson. The remaining two, John Carney and Patrick Hogan, are merely charged in the General Order with having been " found guilty of a robbery at E m u Plains, for which they had been sent to work on the roads." The first dispatch says "that seven men* had committed robberies * Note 233.


and maimed themselves with the avowed intention of obtaining 1829. their discharge from the Service." This obviously is false, for at -8 May-the most but three of the seven had maimed themselves with any Denial of intention. But supposing the particle " and " to have been inter- R DSiingYa posed between the words " robberies and maimed," through the ofljences by ignorance of the writer, instead of the particle "or," and not with a view to mislead the "Home Authorities," how comes it that the case of the seventh man was not at all alluded to in the General Order? H o w comes it that it was not discovered at that time that John Carney and Patrick Hogan had done anything more than Soldiers are liable to do in any part of the world, I mean to commit a robbery for the mere sake of plunder, and not only without any intention of getting clear of the service, but under a hope of carrying off their booty with impunity? When did this new light as to the character of the offence of these two last mentioned persons break in upon His Excellency for the first time, and how ? W h y too were they not " exposed to the indigation of the Troops " ? Their offence, according to His Excellency's despatch, was precisely of the same character as Sudds' and Thompson's. Why, then, I repeat, was any invidious distinction made between them ? His Excellency may reply that he was prevented by doubts as to his power of dealing with them as he had dealt with Sudds and Thompson. But if, after the " ceremony " to which he subjected " Sudds and Thompson," he discovered that " Carney and Hogan" had been guilty of a similar offence with a similar intent, to have been impartial and consistent in his dispensation of Punishment, and as a further " practicable means of checking the dangerous disposition which has manifested itself in the Troops," He ought to have caused Carney and Hogan to undergo a similar " ceremony." If he was deterred from thus dealing with these men by a knowledge of the unlawful assumption of authority, he had exercised over Sudds and Thompson, why, were the " instruments of torture" continued on Thompson afterwards?- W h y was he subsequently imprisoned in a hulk? W h y is he now wearing out the period of his seven years' exile at a penal settlement? But, Sir, it is useless to dwell on the painful dilemmas in which obvious falsehoods like these are sure to involve any one, who is base enough to have recourse to them. Carney and Hogan, I have no doubt, after the fullest inquiry I have been able to make, only committed what the General Order charges on them, mere theft, because they were thieves by disposition; and the seventh man, who is introduced into the despatch merely to " create effect" by swelling the alleged number of Soldiers, who had endeavoured to get rid of the service, had maimed himself in the Hospital in


1829. 28 May.

Denial of statement by R. Darling re offences by soldiers.

Inquiry re evidence of malice in R. Darling.

Description of irons omitted by R. Darling in his despatches.

a fit of intoxication. Sudds and Thompson then would appear to be the only two, who had really committed robberies "with the intention of obtaining their discharge from the service." " The dangerous disposition " therefore, " which had manifested itself in the Troops," stands confined toi the case of four men, viz., Sudds and Thompson; and two other soldiers, who had maimed themselves to get rid of the service during the Government of Sir Thomas Brisbane, and are now, according to the General Order, following the "employment of Scavengers" among the Sodomites of Norfolk Island, As I infer, from the language of the Order itself, by virtue of some gross illegal mandate or direction of the Lieutenant General, although their offence was committed, and, as I presume, sufficiently punished in the estimation of his Gallant predecessor in Office before the Lieutenant General's arrival here. Thus much then for the Lieutenant General's ground of Justification in fact, a ground which I am sure will be equally unsatisfactory with his Justification in law in the estimation of any competent tribunal, to whom his conduct may be referred. It being then, as I conceive, fully established that the death

of Sudds is to be ascribed to His Excellency, and that he has not shewn it to be Justified either by law or necessity, the next and last point of enquiry is, whether this Act involves any of that express or implied malice in law, which is an indispensable ingredient in murder. Before I proceed, however, to an examination of this part of m y subject, I must crave leave, Sir, to direct your attention to two gross and evidently wilful frauds, which have been artfully interwoven with the punishment of Sudds and Thompson, as described in His Excellency's despatches, and certain of the documents referred to in appendix B, and which could only have been intended to mislead your predecessors in Office as to the nature of the punishment, which these men actually underwent. If you carefully examine the whole of the papers, which have been submitted to the House of Commons, you will perceive that all information, as to the shape and character of the chains placed on these unfortunates, is carefully excluded. The only sentence, which could lead any one to surmise that any extraordinary chains had been employed, is to be found at the close of the third paragraph of His Excellency's first despatch to Lord Bathurst, and is as follows:—"With respect to the chains which are designated instruments of torture, it will be sufficient to state that they weigh only 13 lbs. 12 ozs., and, though made with a view of producing an effect on those who were to witness the ceremony, the extreme lightness of their construction prevented their being injurious in any respect to


the individual." In this sentence there is, to a person cognizant 1829. of the real character o"f the chains but not to a stranger, a sort 28 May-of obscure and distant admission that the chains alluded to in Description of the despatch possessed some peculiarity or other. There is some- by E. DarUng thing of the same sort admitted, though still more obliquely, in j? his

that part of the " recorded opinion" which states " that they (the chains) were evidently intended to produce an effect on those who were to witness the ceremony." On Comparing indeed these sentences of the despatch and " recorded opinion " together, it will be found that the same words run through both; and, as the despatch is dated on the.5th December, and the recorded opinion was not concocted until the ninth of the same month, it is clear that the opinion is but an echo of the despatch; that it therefore was the act of the Governor or such of his Creatures in the Council to whom the contents of his despatch were known. This, Sir you will perceive, forms another striking demonstration of the infamous elements of which the majority of the Council were made up, and the utter worthlessness of any opinion that could emanate from such a Body. But, Sir, it is impossible that any one could collect either from the despatch or recorded opinion, or from any other document which has been submitted to the House of Commons, the most remote idea of the nature of the Chains in which Sudds and Thompson were tortured. The copy of the General Order, to which Lord Bathurst is referred, " as pointing out the proceeding that took place," is wholly silent as to the character of the chains, and would therefore serve not to strengthen, but to do away with altogether any suspicion which the despatch might have awakened as to the possibility that the chains possessed any peculiarity. In a case which his Excellency thought worthy of a despatch marked " separate "; in a case which, according to His Excellency, the " Australian " had misrepresented so as to excite an apprehension that the misrepresentation might " have an ill effect at home "; in a case in which His Excellency therefore " felt it his duty to put Lord Bathurst in possession of the facts," so that His Lordship might be able to meet the public clamour and outcry, which it was doubtless anticipated the same newspaper would be the means of exciting in England; In a case too in which His Excellency, not satisfied with one despatch marked " separate " containing his own story, afterwards " judged it adviseable to bring the matter under the consideration of the executive Council, in order that it might be fully and minutely investigated," and then to transmit to Lord Bathurst his summary of the proceedings and report of' that most astute and honorable body in a second despatch, marked also I presume " separate "; in a case in

SER. I. VOL. XIV—3 H


1829. 2S May.

Description of irons omitted by R. Darling in his despatches.

Alleged misrepresentation by E. Darling and A. Macleay.

Alleged preference for labour in road gangs to labour in penal settlements.

which His Excellency was desirous to do away with newspaper misrepresentation, and to afford the " fullest and most minute " detail of facts, and to annihilate altogether the foul charge which had been preferred against him of having used instruments of torture; I repeat, in such a case, the first piece of information, any one would have expected to meet with, would be a true and faithful description of the chains themselves accompanied, if not with the original sketch from which the Artificer had made them, at least with a fac simile of it. This way of refuting misrepresentation, however, would not answer, and therefore all ' allusion to the form of these French " Slave Collars" is carefully abstained from. This then, Sir, is another gross " sup-pressio veri," which has been practised by His Excellency upon your predecessors in office with the view evidently of misleading their Judgment, and drawing from them an opinion in ignorance of the real facts of the case. But, Sir, there is another train of fraud and falsehood equally palpable on the face of His Excellency's despatches and Mr. McLeay's letter, connected with the punishment which Sudds and Thompson underwent, and intended obviously, like the train of fraud and falsehood to which I have just adverted, to mislead the Secretary of State for the Colonies as to the character and extent of the punishment itself; The only difference between the two is that the one, to which I a m now about to draw your attention, involves that species of fraud which is designated " expressio falsi." It will be seen that His Excellency, in his despatch to Lord

Bathurst of the 4th of December, 1826, after briefly alluding to the-death of Sudds, And with a view evidently to lead to the hfference that the chains in no wise contributed to this catastrophe, does not hesitate thus to express himself, " However much the event is to be regretted, it cannot be imputed to severity. Instances occur daily of men petitioning to be allowed to work on the roads in chains, as these men were ordered, instead of being sent to a penal settlement, the former punishment being preferred in all cases by the prisoner. The only deviation from the usual course of proceeding, in the Case of Sudds and Thompson, was that, instead of the chains being put on in the Gaol, the act was performed in a more ceremonious manner in the presence of the Garrison, as a necessary example to the Troops." The assertions, contained in this part of the despatch, are 1st. That no severity was practised or intended; 2nd. That instances are of daily occurrence of Culprits petitioning to be allowed to work on the roads in chains as these men were ordered (that is in similar chains) instead of being sent to a penal settlement; and that working on the roads in such chains is in all cases preferred


by culprits to transportation to a penal settlement; 3rd. That 1S29. the only deviation from the usual course of proceeding in the 2SMay. case of Sudds and Thompson was that their chains were put on Alleged in the presence of the Garrison, instead of being placed on them labour inroad in the Gaol. Mr. McLeay, in his letter to the Editor of the Aus- fn

11gesn*i

labtmr

tralian of the 1st December, 1826, it will be seen, expresses him- "settlements. self somewhat more guardedly, but to the like effect. H e says, "instead of being transported, it was directed that he (Sudds) should work on the roads in 'chains, it being conceived that the example would be useful in preventing other soldiers from making a similar attempt to obtain their discharge from the service. To show that this punishment is considered a mitigation of the sentence when substituted for transportation, it is only necessary to state that applications from the prisoners for such commutation are very numerous, and are constantly received after sentence of transportation has been passed on them." All the. material assertions contained in the despatch, it will be seen, are iterated in other words in Mr. McLeay's letter, so that an analysis of the veracity of the Governor will be an analysis of the veracity of the Secretary, the one treading passibus cequis in the steps of the other. I will examine these assertions seriatim. 1st. The Governor states " that no severity was practised or in- Nature of tended." W h y then the invention of new fangled chains? W h y ^ n ™ ' ™

o f

the General Order? W h y the parade? W h y the working on the roads in these chains afterwards? W h y the deviation from the original sentence, if the substituted sentence were really a mitigation or commutation ? H o w was the example, which is the avowed object of the ceremony, to have been produced? Did the Lieutenant General imagine that the troops were the only persons in the Colony who could not distinguish between a real mitigation and a real increase? But either transportation to a penal settlement was a greater punishment than the ceremony and the seven years working on the roads in such chains, which was to follow, or it was a. less punishment; If it was the greater punishment,(the best "practicable means of checking the dangerous disposition which had manifested itself in the Troops," and deterring the rest of the Garrison from similar practices, was to have allowed the original sentence of the Quarter Sessions to be carried into effect; If transportation was a less punishment, then the Governor's assertion that no severity was practised or intended cannot be true. 2nd. With respect to the Gov- inaccuracy of

, . . . . . . c -i .-i e statement re

ernor's assertion that "instances are of daily occurrence ot pi.eterencefor Culprits petitioning to be allowed to work on the roads in chains labour in road as these men were ordered," I have already sufficiently shewn the gross and scandalous violation of truth it involves. The chains


1829. 28 May.

Inaccuracy of statement re preference for labour in road gangs.

Alteration in method of fulfilling sentence.

Alleged motives for misrepresentation.

themselves I have proved to have been sui generis; such as had never before been known or dreamt of in the Colony; such therefore as no culprit could have contemplated in any petition addressed to the Authorities; and such certainly as no one, who has heard Thompson's report of the intolerable torture which they inflicted on him, would be desirous of substituting for transportation to any place of exile under heaven. The truth then is that, instead of " working on the roads in chains, as these men were ordered, being preferred in all cases by the prisoner" as the Governor asserts, it had not been preferred and could not have been preferred in any case. It may indeed be true that petitions have been received by Government from culprits, under sentence of transportation to a penal settlement, to be allowed to work on the roads in the ordinary chains used in the chain gangs for a period shorter than their original sentence, and I suspect the petitions, alluded to in the Governor's despatch and the Colonial Secretary's letter, will be found for the most part to be so qualified. But I know that even a real commutation like this is not preferred by Culprits in all cases, and that many, if not most of them, would sooner linger out seven years without chains at a penal settlement, than be employed during half that time in chains on the roads. 3rd. The Governor's last assertion that " the only deviation from the usual course of proceeding in the case of Sudds and Thompson was that, instead of the chains being put on in the Gaol, the Act was performed in a more ceremonious manner in the presence of the Garrison," It is needless to say is disproved by the nature of the chains themselves, they being a deviation from the usual course of proceeding, alike in their invention, their shape, their weight, and their operation. These Assertions, therefore, of the Governor and - Mr. McLeay are not only utterly untrue, but are destitute of all colour of truth. The motives which have led to the many gross falsehoods and suppressions of truth, to which, Sir, I have had the disgusting task of directing your attention, and with which these two Gentlemen are for the most part identified, I need not point out to you. Practices like these carry with them their own interpretation ; they are the natural consequences of the Act which I have brought home to one of them as principal, and to the other of them as accessary, And bespeak, in language too forcible to be misunderstood, The Judgment which the Actors in this tragedy have pronounced on their own dark deeds. The Governor's despatch contains many other minor mistatements, to which it would be but too tedious to draw your attention. Having already proved that the grounds of Justification relied on by His Excellency are of no validity in fact or in law, I shall close


this letter with an examination of the last and principal question 1S29. connected with the character of the homicide thus committed. 2s May' Was there any of that malice in the Act, express or implied, Inquiryre which is of the essence of murder? "The nature of malice malice? (says m y Lord Chief Baron Macdonald in his charge to the Jury in -Governor Wall's case) as it is now understood, and has been Definitions of for ages in this country, and wisely so, is not merely personal mahce-malevolence or Spleen against an Individual, or what would in vulgar terms be called Spite; but we understand by the word malice the act of putting to death, or causing to be put to death {which is the same), the act of killing being attended with such circumstances as in ordinary experience shew (of which experience a Jury is the proper Judge) a wicked, depraved and malignant spirit. It therefore means a killing from a wicked and corrupt motive, and indeed one might say, that all the cases, which we can find of the malice which is inferred from circumstances, turn on the single point that the fact has been attended with such circumstances as carry in them the plain indication of a heart regardless of the life of man, and bent upon mischief." This definition of malice by m y Lord Chief Baron Macdonald is more amplified, but does not differ in substance from the definition of it contained in the admirable work of Mr. Justice Foster; " Malice aforethought," says this Author, " is when the fact is attended with such circumstances as are the ordinary symptoms of a wicked, depraved, malignant spirit or an Action flowing from a wicked and corrupt motive; a thing done malo animo mala conscientid," Foster, C.L. 256. Chitty, in his notes on Black-stone's Commentaries, Vol. 4, page 150, has a still pithier definition of malice. H e calls it " doing an Act without a Just cause "; and, according to Lord Hale, "homicide is presumed to be malicious, and of course to amount to murder, until the contrary appeareth upon evidence." It is clear then that the death of Sudds is an Act upon which the law inscribes a presumption of malice, and I feel, Sir, that, in bringing home this Act to the Governor and proving, as I have proved, that if was neither necessary nor Justifiable, I have made out a prima facie case of mur- Alleged case der against His Excellency, from which nothing short of the prJJ'edagainst verdict of a Jury of his Peers can or ought to relieve him; but, E- Darling. although the law makes no distinction betwixt express malice or implied, either in the character or the consequences of Murder, or any crime of which malice forms an ingredient, and although I confidently anticipate you would not shrink under any circumstances from the performance of that duty towards your Country, which the indefensible homicide of Sudds has cast upon you in your high office of Secretary of State for the Colonies,


1S29. It may perhaps render the performance of this duty less painful,. 2s May. jf T satisfy you, Sir, that the death of this unfortunate victim

was " attended with such circumstances as in ordinary experience shew a wicked, depraved and malignant Spirit," or in other words afford evidence of that " inward intention," which constitutes " express malice " in law. The nature of the delicate

Duty of and • important duty which your situation casts on you, Sir, I

-tatetalV °f think is well described in the opening of my Lord Chief Baron Macdonald's address to the Jury in the beforementioned case of Governor Wall. It is a two-fold duty, as respects the public and as respects the Lieutenant General. In the words of that Grave

Address of Judge, it will "require your closest and best attention; for,, in ofll!r\Yafml the first place, the charge is the heaviest which our law knows;

his life is at Stake, and that of itself would, I am sure, be sufficient to excite every degree of care and attention in you; but in other respects it seems to me to be of peculiar importance. For on the one hand, as the Attorney General has most liberally and most sensibly said, when a well intentioned officer is at a great distance from his native Country, having charge of a member of that Country, and it shall so happen that Circumstances arise which may alarm and disturb the strongest mind, it were not proper that strictness and rigour in forms and in matters of that sort should be required, where you find a real true and genuine intention of acting for the best for the sake of the Public. You see they are in a Situation distant from assistance and from advice. In these circumstances, if a man should be so much thrown off the balance of his understanding as not to conduct himself with the same care and attention that any one in the County of Middlesex would be required to do, And does not exceed greatly the Just and proper line of his duty, allowance for such circumstances ought unquestionably to be given to him.

" But on the other hand it is of consequence that, where a commander is so circumstanced, that is at a distance from his native Country, at a distance from inspection, at a distance from immediate Control, and not many British Subjects there, if he shall by reason of that distance wanton with his authority and command, it will certainly be the duty of the law to control that and keep it within proper bounds. The protection therefore of subjects, who are serving their Country at that distance on one hand, is one of the objects you are to have in view today; the protection of a well intentioned Officer, if such he be, who does not by his Conduct disclose a Malevolent mind, but may disclose human infirmity to a certain extent; who, being in trepidation and alarm of mind, overlooks some things he ought otherwise to have regarded; such a man's case is on the other hand deserving of great attention."


Now, Sir, it appears to me, that what my Lord Chief Baron 1829. Macdonald laid down as fit considerations for the Jury in __!?' that Case to rest their Judgment upon in determining the guilt j^Jfj1"^- u or innocence of Governor Wall, will form very apt and proper and R. Darling. matters for your consideration in determining whether General Darling shall or shall not, through your intervention, be subject to' the like ordeal for the death of Joseph Sudds, to which Governor, Wall was subjected for the death of Benjamin Armstrong. The death of the latter person you will be aware, Sir, took place Particulars re

at the Island of Goree, of which Colonel Wall was then Governor, j rmTtrong' and was occasioned by a very unusual assemblage of certain of the Troops of the Garrison, of whom Benjamin Armstrong was the leader. At the trial of Governor Wall, there was conflicting evidence as to the object and Spirit of the Troops with whom Armstrong took part; The witnesses for the Crown stating that their Conduct was orderly and proper, and the witnesses for the prisoner stating that their conduct, and particularly that of Armstrong, was highly mutinous and insubordinate. This, however, is certain that they went in a body thrice to the Governor's house to demand certain arrears of pay, which they claimed to be due to them, And that, soon after their last visit, Colonel Wall hastily called together the Officers of the Garrison, and with or without a drum head Court Martial (for on this point too the evidence was conflicting) caused Benjamin Armstrong to undergo the punishment* of which he died a few days afterwards. At this time, it was admitted in the Attorney General's speech for the prosecution, that there were only six Military Officers in the Garrison, And it does not appear that there was any Judge or other law Officer, or indeed any civil Officer whatever on the establishment of the Island. Governor Wall therefore was literally " in a situation distant from Assistance and from Advice "; And the Act, for which his life was forfeited, might have been the result of that trepidation and alarm which the conduct of Armstrong and the other Troops, who took part with him, excited. But, in the case of Sudds and Position of Thompson, it cannot be pretended that there was anything to dateof

lr11

excite apprehension of danger in any mind, for His Excellency J^*™^0* was surrounded by a numerous Staff, By a numerous Garrison p. Thompson. of Officers and Soldiers, By a numerous establishment of Civilians-of all description, And above all by a numerous and loyal Colony. In this State of things therefore, nothing could occur " to throw him off the Balance of his understanding, or to prevent him from conducting himself with the same care and attention that any one in the County of Middlesex would be required to do." His situation in fact was perfectly analogous in all

« Note 234.


1829. 28 May.

Position of E. Darling at date of punishment of-, J. Sudds and P. Thompson.

Evidence alleged of "express malice."

respects to your Situation as one of the King's Ministers in Downing Street. H e had his Executive Council; he had his Attorney General; he had the Judges of the land to consult with, if he thought fit. There was abundance of advice within his reach; W h y did he not ask for it ? W h y did he presume to Judge of the meaning of an Act or Ordinance of the Legislative Council? W h y is the Country saddled with Salaries of Judges, of Attorney and Solicitor Generals, if Governors are to be the interpreters of the law and to combine at once in their own persons the executive and Judicial functions ? His omitting then to seek advice from those officers, to w h o m he was bound to apply, I take to be one proof of express malice in this case. Another proof is furnished by the 5th Section of the Act or Ordinance upon which he rests his Justification. As he took upon himself to Judge of the meaning of the 6th Section, it is not credible that he did peruse the -5th or preceding section; And the wording of this latter Section, You will perceive, Sir, is so plain that it is impossible that any one, however illiterate, can run and read and not discover that the " ceremony," which he directed in his General Order, was in the teeth of the provisions which it contains. A third proof of express malice is afforded by the nature of the Chains themselves, and the utter disregard which he manifested as to the size and dimensions of the two unfortunate wretches, to whom this new f angled invention was to be applied. What these sufferers endured in consequence has already been detailed, and I put it confidently to you, Sir, whether this fact does not of itself afford conclusive proof of such a "wantoning with his Authority and Command " as, in the words of Lord Chief Baron Macdonald, "it is the duty of the law to restrain and keep within proper bounds"? A n d whether it is not, in the words of the same learned and grave personage, one of those " circumstances which carry in them the plain indication of a heart regardless of the life of man, and bent upon mischief." A fourth proof of express malice is furnished by the Conduct which he has since pursued towards the prisoner Thompson, in causing, on the very day of the death of Sudds, Sudds' irons to be placed on him, in working him in those irons afterwards on the roads, And in finally transporting him of his own Authority, and, after what he terms his famous " commutation," remitting him to the original and as he knows illegal sentence imposed on him by the Quarter Sessions. All these Acts I take to be indications of the original intention which actuated him, Viz., a determination to trample upon all law and Justice, And to render his Authority paramount at all hazards. The death of Sudds would have softened any heart not of Stone; And yet you will perceive, Sir,


that, on the very day of this awful admonition, And as if to set 1829. the warning voice of the Eternal at defiance, the instruments of 28 May-death are again resorted to and again used with an almost similar Evidence result. If this be not a wantoning " with Authority and Com- "elp ss' mand," if it be not proof as strong as holy writ of the existence malice-" of a most " wicked, depraved and malignant Spirit," it will be in vain to seek for proofs of " express malice " among the recorded Acts of the greatest monsters of Antiquity.

I have now, Sir, presented to your view a picture of fraud, falsehood and Cruelty, which I believe is not surcharged in any part with any undue colouring; and which I hope for the honor of the British Character has been rarely equalled in the Atrocities which it unfolds. The author and his abettors are now made known to you; and I shall take care that they shall at least be held up to public Scorn and execration. I call upon you to deal Demand for with them as they deserve. The many excesses, which have been pubi7c?u"t°ice. committed in our Colonies of late Tears, it appears to me, require some great public example, as well to convince Governors that there are bounds within which even they must move, as to satisfy the Colonists themselves that they are not to be surrendered, as a matter of course, to a brutal and irresponsible despotism. If I have unfolded in this letter only one Act, or rather one series of Acts of Cruelty, oppression and injustice, It is not that I cannot unfold many more. It was my intention, but for the length to intended which this letter has extended, itself, to give you the particulars H case ol of the Case* of Alexander Lookaye, alias Edwards, who was but A- Lockaye. a short time since driven by the barbarous and illegal conduct pursued towards him by the Governor to terminate a wretched existence, which he had attempted before, and which His Excellency knew at the time that he would attempt again. The case of this man, which I will detail to you in my next letter, involves in my opinion another charge of murder against General Darling; And of this at least I am satisfied, that if it be not murder, it is something so like it, that it will require the nicest casuistry to define the difference. Misdemeanours, by which I mean high Numerous indictable misdemeanours, punishable by fine and imprisonment gl against3

or both, are the ordinary Sports of this Government, as it is E. Darling and now constituted. And I will be content to forfeit all claim to honor and veracity through life, If I do not, before any competent tribunal, establish twenty acts of this character, to which the Governor and his Secretary have been parties. Let me but have the means to arrange and produce the evidence of such Acts, which this Colony affords; put General Darling to the Bar of General British Justice, and I will make out to the satisfaction of the R. Darting.0

universe such a series of fraud, tyranny and corruption, as I

* Note 235.


1829. 28 May.

Publication of papers in Gazette.

Criticism of documents in Australian and Monitor.

trust have never occurred before in the history of our Colonial Government, and as I know it will be difficult to find any high delegate of His Majesty capable of committing again. Reverting finally, however, to the acts of outrage which I have

just brought under your attention, and which form in m y opinion a system of misdemeanours, of which murder itself glares as the centre, you will perceive, on referring to the files of the " Sydney Gazette " in your office, which paper, by a high Judicial functionary here Mr. Justice Dowling, was not long ago well designated " the paid Organ of the Government," That the Colonial Secretary, acting doubtless under His Excellency's directions, caused " The return to an address of the Honorable House of Commons," in Appendix B, to be published in that paper of the 10th of January last. The motive of this publication was obviously a hope on the part of His Excellency that the people here, whose spirit has been broken by three successive bad Harvests, by an unprecedented and ruinous weight of taxation, and by an organized system of tyranny, the combined effects of which have been to cast a gloom over every independent mind among us, would suffer this " triumphant refutation," as " the paid organ " termed it, to pass over sub silentio; and that the Governor would thus be able to write a despatch to you, Sir, and say " See the people here are satisfied at least with the integrity of m y intentions, if the Act itself should not have been altogether regular." This insidious expectation, however, has been happily frustrated by the " Australian " and " Monitor " newspapers, both of which contain,* as you will perceive on perusing the accompanying numbers of them, the most cutting and bitter Analysis of His Excellency's defence. The opinions, which have been expressed by the Editors of these papers, are responded by every honest heart among us, and afford conclusive proof of the general opinion which still pervades the people of these Colonies, as to the character of the act, which terminated the life of Sudds. It is in vain that His Excellency, after provoking the reexpression of these opinions, has since caused the Attorney General to encumber the files of the Supreme Court with a load of ex-officio informations to punish the authors of them. The Judgment, which was pronounced by the independent press at the date of the perpetration of this Act, will never be revoked. The Act was pronounced to be murder then; A n d you will see, Sir, that, after a lapse of more than three years, it is pronounced to be murder still in language as plain at least as people under this meridian dare breathe. And should the Governor, in running a muck against the expression of this universal feeling, obtain a conviction for libel, what Court of Justice could in decency inflict * Note 176.


more than nominal punishment on the convicted for the publica- iS29. tion of a Just commentary on facts, the truth of which a whole 2S iIay-community will be ready to depose to ? What do these publications and these prosecutions then indicate? But that the moral ukgedioss force and efficacy of the King's Government here ceased with of public the Commission of this Act of Atrocity by the King's Represen- ^ D S ! * tative, And that the public respect and confidence can never be restored until that Government be committed to other hands. Ever since the hour of Sudds' premature death, the Colonists have felt that he, who should have been the first to evince his veneration for the laws, has been among the number of the greatest violators of them; and that he alone of all the King's Subjects here has been suffered to trample on them with impunity; whilst others, much less offending, have been compelled to yield up their lives a Just forfeit to the outraged majesty of those very laws, of which he has continued, notwithstanding his own high Offences, to be the indecorous Executor. It will be evident, Sir, that it is altogether immaterial, as respects the honor of His Majesty and the dignity of His Crown, whether this opinion of the character of the Acts committed by his Delegate be well or ill founded. It is an opinion at least, which is almost universal, and which has taken such deep root among us that nothing short of a Verdict of a British Court of Justice, founded upon the fullest inquiry, can ever shake it. A n d I therefore finally submit for your fullest consideration, as one of His Majesty's confidential Advisers, whether it is fitting, whether it Proposal for is decent, whether it will not in fine be an outrage on the feelings R%

0avraI; °g

and opinions of all His Majesty's loyal Subjects in this Colony to suffer any one, who stands thus guilty and degraded in their estimation, whether justly or not, to fill any longer the dignified office of His Most Gracious Majesty's representative among them; and whether the inevitable tendency of such a state of things will not be to bring the office itself into public hatred and contempt. I have, &c,

W. C. WENTWORTH.

[Appendix A.] [This was the report* of the trial in the issues of the " Sydney Press reports.

Gazette" and the "Australian" newspapers, dated 11th November, 1826.]

[Appendix B.] [This was tlie "Return* to an Address of the Honorable House Parliamentary

of Commons, dated the 8th of July, 1828."] papers-[Appendix O]

[This was a copy of the act\ of council, 7 Geo. IV, No. 5.] Act of council. * Note 237. t Note 229.


1829. 28 May.

Examination of P. Thompson.

Conviction.

Military " ceremony.'

Illness of J. Sudds.

[Appendix D.] T H E Examination of Patrick Thompson, a Convict on board the

Pheonix Hulk, taken this 23rd day of April, 1827, in tbe presence of Alexander McLeay, Esqr., Colonial Secretary, William Henry Moore, Esq., acting Attorney-General, and William Charles Wentworth, Esq., Barrister at law.

I was convicted of the offence, for which I am here, on the 8th day of November last, and sentenced on the same day. M y sentence was seven years' transportation. I was sentenced at tbe Quarter Sessions, Mr. Carter being the Judge. After I received m y Sentence, I was taken to the gaol; I remained in the gaol till the 22nd of November. The gaoler then came for m e and Joseph Sudds, who had been convicted the same day with m e for the same crime, and had received a similar sentence; and I and Sudds were conducted by Wilson the under gaoler and two constables to the Military Barracks ; the clothing, which I and Sudds had on, were taken off, and a suit of regimentals put on each of us. W e were then taken to the Parade Ground, and the regimentals taken off us, and a suit of yellow cloth put on each of us, and a general order read to us by Brigade Major Gillman, by the order of his Excellency General Darling. After the order was read to us, a set of irons were put on each of us. The irons consisted of a collar, which went round each of our necks, and chains were fastened to the Collar on each side of the shoulder, and reached from thence to the basil, which was placed about three inches from each ancle. There was a piece of iron, which projected from the collar before and behind about eight inches at each place. The projecting irons would not allow me to stretch at full length on m y back. I could sleep on m y back by contracting m y legs; I could not lie at full length on either side without contracting m y legs; I could not stand upright with the irons on; the basil of the irons would not slip up m y legs, and the chains were too short to allow me to stand upright. I was never measured for the irons, and Sudds's collar was too small for his neck and the basils for his legs, which were swollen. I never heard him say he had the dropsy in the West Indies. Sudds was turned out of the hospital the morning of the punishment, and taken to the barracks about an hour afterwards. Sudds was taken from the hospital to the sessions on the 6th November; he appeared to be very ill, insomuch that the man who was handcuffed with him was obliged to sit down on the grass in the court-yard to enable Sudds to lie down; he • continued in that way till after his trial. Soon after his trial, he went again to the hospital; this was about eight o'clock at night; he was taken very ill with a complaint, I believe. in his bowels, and Mr. Wilson the under gaoler, at the instance of the prisoners about thirty in number, who were in the same ward and consisted mostly of debtors and confines, took him into the hospital. Sudds had had no irons on him at the time, nor had I; but the next morning, to the best of m y belief, irons were put upon him by Toole, the turnkey, by order of the doctor, as I was informed both by Toole and Sudds. Sudds I believe remained in the hospital till the 22nd, having irons on all the time. After his trial and before his last illness, he had been in the hospital a few days, and had been discharged by the doctor. For the last six davs previously to the 22nd, I for the most part got Sudds's ration of bread, he could not eat it himself; Sudds during this time had the same sort of ration as myself; it consisted of four ounces of meat, pea


soup and a pound of bread; it was the common prison allowance. 1829. After the yellow cloth and the irons wêre put upon us in manner 28 May. before mentioned, we were drummed out of the regiment, the „ T~ Rogues' March being played after us by two or three drummers and p?T™ompson.° lifers. W e were not drummed out in the usual way, which is to put conclusion of a rope about the neck, cut off the facings and place a piece of paper military on the back, with a description of the offence which the party may "ceremony." have committed; instead of this we had the chains on and the yellow clothing. W e were drummed -to the barrack gate, and from thence conducted to the gaol by constables and soldiers with their usual arms. On our return to the same ward in the gaol, Sudds sat illness of down with his back to the wall, saying that he was very ill, and J- Sudds-wished to go to the hospital again; but he did not go to the hospital till next morning; I do not know that he reported his illness to the under gaoler that evening. The basils of his irons cut his legs during the time we were coming from the barracks to the gaol; it was owing to the sharpness of the basil and the weight of it that we were cut. Sudds's irons, I think, were a little larger in the chains than mine, though he was about three inches shorter than me. The night of the day of punishment, Sudds was so ill that we were obliged to get a candle about eight o'clock from Wilson the under gaoler, in order to keep up a light; during the night, I gave him some tea I had purchased. About ten o'clock he was getting very ill; I requested a fellow prisoner to get up and look at him, thinking he was dying. The fellow prisoner, whose name I do not know, did look at him, and said he was not dying, but he did not think he would live long. I then asked Sudds if he had any friends to whom he would wish to write; he said he had a wife and child in Gloucestershire, and begged that, if he did not get better by the next night, I would read some pious books to him, adding that they " had put him in them irons, until they had killed him "; shortly after this I fell asleep, another man having undertaken to sit up with him; I think the name of this man was Moreton, his father is a potter on the Brickfield Hill; he was in gaol for an assault on his mother. At eight o'clock the next morning, being Thursday the Admission of 23rd, Sudds was taken to the hospital, and he took some tea and a olhospitai little bit of fish, which is all I think he ate till he died; this I K

think, because I had his gaol rations afterwards. His irons were Removal of taken off about twelve o'clock on Thursday, when the doctor came irons from his rounds; I enquired of the attendant in the hospital (whose J-Sudds-name is Thompson) how Sudds was on Thursday evening, and he said he was a little better. On Friday morning I went to see him; he was in such a state that he did not answer m y questions or appear to know me; he looked at me; I squeezed his hand, but he made no return and appeared to be insensible. I saw him again on Saturday; I heard that he had been delirious, and had got out of bed on Friday night; but after twelve o'clock on Saturday night he never spoke; and, about three o'clock on Sunday, the 26th November, he was removed to the general hospital, being carried on Removal of the shoulders of two men down the steps of the gaol to the entrance. J-J£™s t0

and from thence carried in a small cart, as I was informed, to the Eospital. hospital; I was told that he expired about six or seven o'clock on Death o£ Monday morning; I believe that Sudds could lie at full length with J. Sudds. his irons on, either on his back or his sides; Sudds did not com- Effect of irons plain of the irons being too short for him, but he complained that on J. Sudds. the collar was too tight for his neck, and the basil too tight for his


1829. 2S May.

Kxamiiiatioii of P. Thompson. Effect of irons on .1. Sudds.

lc s. I do not know that his neck was swollen beyond its ordinary size; he was naturally a thick necked man; but I do know that his ancles were swollen after his return to the gaol. I think the swelling of his ancles arose from the marching. I heard of his having had a swelling in his legs about six or seven days before the chains were put on him. The collar put on'Sudds was so small that it would not admit any thing to be between it and the neck but a cotton handkerchief; the collar was so small that Sudds would not allow it to be turned round, so as to allow him to lie on his back, saying that it would hurt him if it was stirred. I think, on Saturday the November, I broke the chain of m y irons, in order to

Irons of J. Sudds put on P. Thompson.

Remov;il of P. Thompson to iron gang at Lapstone hill.

Inability to work in irons.

Removal of irons.

Refusal to work in iron gang.

enable me to turn the collar and lie at ease; m y chain remained broken till Monday morning, when Wilson took m e to the lumber yard to get m y irons removed and Sudds's put on; Sudds's irons were then put on me, the whole of them, collar and all, and I was taken back to the gaol, where I remained till Tuesday, when I was escorted by a party of military in a boat to Parramatta. and placed in the prisoners' barrack there for the night. On Wednesday morning I was conveyed in a bullock cart to Penrith gaol, m y irons being on all this time; I was put in charge of a constable whilst in the bullock cart, but soldiers were with us, I believe by accident. I slept in Penrith gaol that night, and the next morning I was taken to No. 1 iron chain gang road party on Lapstone Hill, being the first hill of the range of blue mountains; at three o'clock the same day, I was taken out to work with the gang, and remained at work there I'believe about eight days, having m y irons on all the time. At the end of eight days I became unable to work; it was very hot weather, and the heat of the collar used to become intolerable, and compelled m e to sit down frequently in order to hold it with m y hands off m y neck; on these occasions, the overseer of the gang would come up to me and order m e to return to m y work; I told him that I could not and would not, that he might take me to gaol, where I could get a rest from work and the heat of the sun; he ordered m e to gaol accordingly; this was on the following Thursday ; I remained in gaol till Friday morning, when Mr. MTlenry ordered the irons to be taken off m e by the orders of the Governor; the overseer of m y iron gang told m e that the order to remove my irons had been there the night before. After the irons were removed, I was sent back with the overseer Plumley. carrying the irons with me. On our arrival at the camp in E m u Plains, another pair of irons were put on me, being the usual irons of the gang; I remained at work with these new irons on another week, when I told the overseer that I did not think I had been dealt with according to the Law, but that I could not work and would not work for the Governor, and that he might take m e to court; I said at the same time that I was sick; I was then taken again to Penrith gaol, where I remained a week, but was not locked up there in the day time; previously to this, I had complained twice of illness to the overseer, who did not call m e to work, but left m e in for Dr. Allan the surgeon, who attended E m u Plains, sometimes twice a week and sometimes once, in order that Dr. Allan might examine me. The doctor gave m e some medicine, but ordered m e on both occasions to be returned to m y work, saying that m y ailment did not signify. I was taken before the magistrates at Penrith Court on the next court-day; it was on a Friday; I was tried for refusing to work, but the magistrates, at the instance of Mr. M'Henry, remanded m e till

DARLING TO MURRAY. S63

the Governor's pleasure should be known. After my trial, and ôg whilst I was in-gaol, I became very ill, and Sir John Jamieson* 2SMay. visited me and asked me what was the matter; I told him I had : the dysentery, and he ordered a cart to be got ready to take m e to Examination of Windsor Hospital, which was the hospital of the district; I arrived there at 12 o'clock at night of the 26th of December; I had a severe inness in „aol attack of dysentery, which confined m e to the hospital nearly a at PenHaTand month, I believe about twenty-six days; I was so very ill that no hospital at one of the patients expected I should recover; at the end of this "lndsor-time, I was discharged from the hospital and sent to Windsor gaol, where I remained three or four days, and then was brought to Sydney gaol by Mr. Jilks, the chief constable of Windsor, and, after remaining in Sydney gaol one night, I was the next day brought Transfer on board the hulk, where I have continued up to the present period. t0 hl,lk-[Appendix E.]

[1] MR. W. C. WENTWORTH TO CAPTAIN ROBISON.

Sir, Sydney, 1st January, 1829. Understanding that you commanded the veterans on the Request for

parade on the day Joseph Sudds and Patrick Thompson, privates description of the 57th regiment, were drummed out of that regiment in chains, of chains-by virtue of the general order of Lieutenant General Darling as Governor and commander of the forces, and that you also subsequently saw, at the government station on E m u Plains, the chains which Patrick Thompson had been worked in whilst in the iron chain gang on Lapstone Hill, I have to request that you will describe the nature of the chains and also their weight, as nearly as you can, together with the grounds upon which your opinion as to their weight rests. M y reason for making this application to you is the notice which Reasons for

the case of Sudds and Thompson attracted in Parliament? during request. the last session, and the intention which I have resumed in consequence of forwarding to the Secretary of State for the Colonies a detail of all the facts and circumstances connected with the punishment of these men, a detail which I am anxious should be as correct and minute as possible. I remain, &c,

W. C. WENTWORTH.

[2] CAPTAIN ROBISON TO MR. W. C. WENTWORTH. Sir, Sydney, N e w South Wales. 3rd January. 1829.

I have to acknowledge the receipt of your letter of the 1st Letter instant, stating that you understand I was present on the parade in acknowledged. command of the Royal Veterans on the day that privates Joseph Sudds and Patrick Thompson were drummed out of the .">7tb regiment in chains, by order of Lieutenant General Darling, Governor of the Forces in this Colony, and that I afterwards saw the chains in which private Thompson was worked on Lapstone 11111. and requesting m e to describe the nature of the chains, and also their weight, as nearly as I can, together with the grounds upon which I rest m y opinion as to their weight, etc. In reply, I have to state that I commanded the Royal Veteran

Companies when the punishment of privates Joseph Sudds and Patrick Thompson, of the 57th regiment, took place, and in my

* Note 238. t Note 174.


1829. 28 May.

Health of J. Sudds on day of militarj ''ceremony."

Visit to E m u plains.

Examination and test of chains.

Estimated weight of chains.

Alleged cause of persecution.

Probable interference of R. Darling with punishment,

opinion a greater act of torture, could not have been well committed with reference to the bad state of Sudds's health at the time. This unfortunate soldier (Sudds) was so unwell as to be unable to stand up, and was led into the barrack square from the gaol, supported by a man under each arm. His whole body was much puffed up and swollen, particularly his legs and feet. The day happened to be one of extreme heat, it being the middle

of summer in this country (November, 1826), and the length of time the iron collar, etc., took fitting and rivetting round the neck of Sudds, as also the changing of his dress, even to his shirt, for the yellow convict clothing, oppressed him so much, that he was obliged to be seated on the ground, as he had not strength to stand. The other soldier Thompson, from being in better health and much more strong and active, had his collar and irons sooner fitted on him.

With respect to the nature and weight of the chains, I beg to observe that, in a few months after Sudds's punishment and death (May or June, 1827), I was returning from the command of the Bathurst district, in company with Lieutenant Christie of the Buffs, and we stopped a night at the government station at E m u Plains. The chains, which private Thompson worked in as above men

tioned, had been left at Emu, and were brought for us to see. As they were of a very unusual description, and the iron collar reminding me of those I had seen on condemned slaves, etc., in South America, I was curious to examine them, and for this, motive was induced to put them on m y own person, as did also Lieutenant Christie of the Buffs; w e had but one opinion -as to the torture they must have produced, indeed I dare not trust to paper the remarks that Mr. Christie made on the occasion; but that officer was soon after allowed to return to Europe in command of the invalids, and can be easily referred to in England; he has lately been promoted. I found it quite impossible, Whilst I had the collar and irons on

me, to lie down, except on my back or face, there being two long spikes extending from the iron collar, which was rivetted round the neck, which put it out of m y power to turn over on either side, independently of which there are two chains on either side extending from the collar and communicating with those on the legs. What the whole weight of the irons was, I cannot take upon

myself exactly to say; but, in reply to a question whilst I had them on m e from Lieutenant Ohristie and others, as to what I considered their weight, I guessed about thirty or forty pounds or even upwards, and which is still m y opinion.

I have very great reason to fear that this casual circumstance of m y having tried on these irons at Emu, and of m y subsequently having given m y opinion of them on arrival at Sydney, reached General Darling's ears, and caused me, amongst other matters, that series of unheard of persecutions, trial by court martial, etc., etc., I have since that period suffered, and a m still enduring by General Darling's orders. I finally beg to remark that, if General Darling himself had been

on the parade on the day that these two soldiers (Sudds and Thompson) were punished in the way described, I do not think it possible he could have suffered it to have taken place, as he would have been an eye witness to the infirm state of Sudds's health, and how truly incapable he appeared to bear it; but the whole of the troops in garrison were commanded on the parade by Colonel

DARLING TO M U R R A Y . 865

Stewart of the 3rd Buffs, the next senior officer, also Lieutenant 1329. Governor, who, I suppose for the honor of humanity, had no 28 May. discretionary power left him in carrying General Darlington's orders into execution. There was no regimental medical officer of the 57-th regiment Absence of

present, I have, &c, military R. ROBISON, ZfeZfy

Captain of the N. S. Wales Royal Veteran Corps. [Appendix F.] [1] MEMO, BY J. MACKANESS.

A FEW days prior to the punishment of Joseph Sudds and Patrick chains at Thompson, I called at Government House in company with the late government Colonel Mills, and saw on the right hand of the hall, after entering house-the door, either one or two sets of irons, having collars and spikes projecting from -them, which I have no doubt were the same I afterwards saw on Sudds and Thompson in gaol, after their exposure on the parade on the 22nd of November, 1826; I had not at the time the least notion of the use to which these irons were subsequently to be applied; I took them to be some newly invented man traps, and expressed myself to that effect to Colonel Mills. In consequence of a letter, dated 20th of November, 1826, m y Delivery of

deputy, Mr. James, gave an order to the gaoler to deliver Sudds prisoners to and Thompson to the brigade major on his application. This was uga e"ma-iOT-done on the 22nd. On that day, the brigade major called on me, requesting I would give him an order for Sudds and Thompson to be received back into the gaol. I inquired why they were delivered to him; he told m e to be drummed out of the regiment, etc., etc., etc. I told him I considered such punishment illegal, as the men illegality of had been sentenced by a court of justice for the offence they had punishment. been found guilty of. H e said the Governor had the power, and had ordered it. I replied, I was sure neither His Majesty nor His ministers could sanction it in England, and I could not receive them back into the gaol, unless directed by his Excellency or other legal authority. In consequence of which, I received the letter of Order for the 22nd of November. return to gao1-

On the 23rd, I saw the prisoners in gaol. Sudds was sitting on inspection of the stones; he looked very ill, complained much, and said he should - Sudds m die if his irons were not taken off. I told him I would send for the sa0 • surgeon, who might order them off, if necessary; but. as I understood the Governor had ordered them on, I could not relieve him.

J. M A C K A N E S S ,

Late Sheriff of New South Wales. [2] COLONIAL SECRETARY MACLEAY TO MR. J. MACKANESS.

Sir, Colonial Secretary's Office, 20th November, 1S20. I am directed by his Excellency the Governor to request that Order for

the two soldiers named in the margin (Joseph Sudds, Patrick p^reys°*0

Thompson) now confined in His Majesty's gaol may be delivered brigade-major. over to Brigade Major Gillman on his making application to that effect. I have, &c, A L E X A N D E R M'LEAY.

SEK. I. VOL. XIV—3 1


1829. 28 May.

Order to receive prisoners in gaol.

[3] COLONIAL SECRETARY M A C L E A Y TO M R . J. MACKANESS.

Sir, Colonial Secretary's Office, 22nd November, 1S26. With reference to my letter of the 20th, I am directed by

his Excellency the Governor to request that you will receive again and cause to be lodged in His Majesty's gaol as before the two soldiers named in the margin (Joseph Sudds, Patrick Thompson) when brought back by the brigade major.

I have, &c, ALEXANDER M'LEAY.

Order for transfer to Parramatta.

[4] COLONIAL SECRETARY M A C L E A Y TO M R . J. MACKANESS.

Sir, Colonial Secretary's Office, 24th November, 1826. I am directed by his Excellency the Governor to request that

the prisoners, named in the margin (Joseph Sudds, Patrick Thompson), may be forwarded in irons to Parramatta by water immediately, accompanied by a proper escort, and delivered over in that town to the Assistant Inspector of Roads. The Master Attendant will provide a conveyance, and the Major

of Brigade will order a military guard to attend them to the boat. I have, &c,

ALEXANDER M'LEAY.

Boat for conveyance of prisoners.

[5] T H E MASTER ATTENDANT TO M R . J. MACKANESS.

T H E Master Attendant has to inform the Sheriff, that a. boat will be ready this morning at ten o'clock in the Dock-yard for the conveyance of the two prisoners named in the margin (Joseph Sudds, Patrick Thompson) now in Sydney Gaol, to be forwarded to Parramatta. Master Attendant's Office, 25th November, 1826.

Extracts from impeachment transmitted to F. Forbes.

[Appendix G.]

MR. W. C. WENTWORTH TO CHIEF JUSTICE FORBES.

Sir, Sydney, New South AVales, 14th March, 1829. I have the honour to enclose for your information the fol

lowing extracts from a letter, which I am about to transmit through His Excellency Lieutenant General Darling to the Right Honourable the Secretary of State for the Colonies, relative to the case of Sudds and Thompson, in order that you may have an opportunity of meeting those observations, which I have felt it my duty to make in reference to your conduct as Chief Justice and a member of the Executive Council on the occasion alluded to in these extracts.

I have. &c.

W. C. WENTWORTH. Extracts referred to in the above letter. First extract:—" From this statement, Sir, it will be obvious " to

" in Appendix G hereunto annexed " ; see pages 827 and 828. Second extract:—" Having thus shewn you," to " lent himself to

this most illegal proceeding "; see page 829.

Proclamation remitting sentences.

[Appendix H.]

[This was a copy of the proclamation, dated 8th June, 1826; see page 51Jf, volume XII.]


[Enclosure No. 2.] 1829. 2S May.

E X T R A C T S from the Minutes of the Executive Council, from No. s of the 4th to No. 20 of the 21st May, 182!). inclusive, relative m*n

ruat£s

s0ffrom

to the Charges contained in a Letter addressed to the Right executive Honourable Sir George Murray by Mr. C. Wcnticorth, and dated council re „ , ., , , r , . n m impeachment. Sydney, 1st March, 1829.

Minute No. 8. Council Chamber, Monday, 4th May. 1829.

Present in pursuance of adjournment:—His Excellency the Governor ; The Venerable the Archdeacon; The Honourable the Colonial Secretary; The Honourable Colonel Pat. Lindesay. The Minute of proceedings at the last meeting was read and

confirmed. His Excellency The Governor laid before the Council a letter, of Submission of

which the following is a copy, addressed to his Excellency by Mr. lmPeachment. W. C. Wentworth, dated the 14th April, 1829, but which his Excellency stated was not received until the 18th of the same month. Sir, Sydney, 14th April, 1829.

I have the honour to enclose you the original of a letter of impeachment against yourself, addressed to the Right Honourable His Majesty's Secretary of State for the Colonies, and to request, in conformity with the rule established by Earl Bathurst, that you will transmit it with such explanations and defence as you may deem advisable. I have, & c

W. C. WENTWORTH. His Excellency the Governor also laid before the Council the Letter* of Impeachment against his Excellency (being the inclosure of the foregoing letter) addressed by Mr. W . ('. Wentworth to the Right Honourable Sir George Murray, K.G.B., His Majesty's Secretary of State for the Colonies, and dated Sydney, the 1st March, 1829, but, as before stated, not received by His Excellency until the lSth of April.

His Excellency the Governor requested the Council to examine Request by into the truth or falsehood of the charges contained in the letter R- Darling for of impeachment, and particularly urged this on the Council in lnves lga 10n

consequence of their conduct being arraigned in it. His Excellency having then stated that for reason that the matter under consideration was one which more particularly related personally to himself, Withdrawal of he declined taking any part in the inquiry, and accordingly retired. ^ Jô™*;, The chair having been then taken by the Venerable the Arch- chair taken

deacon, the Clerk was directed to read the Letter of Impeachment, by Revd. Before the reading of the Letter was completed, the Council having T- H- Scott-understood that Dr. Bowman, inspector of hospitals, was about to Examination r,' proceed to one of the distant settlements on duty, and it being con- J- Bowma"-sidered that his evidence was essential in regard to some of the allegations contained in the Letter of Impeachment, Dr. Bowmanf was called in and examined accordingly. The meeting then adjourned to the following day at eleven.

* See Appendix A, 1st March, 1829. t See Appendix B.


Minute No. 9. Council Chamber, Tuesday, 5th May, 1829.

Present:—The Venerable the Archdeacon; The Honourable the Colonial Secretary; The Honourable Colonel Pat. Lindesay. The Council, having assembled in pursuance of adjournment, re

sumed the consideration of the letter of impeachment laid before them at the last meeting. The reading of this letter, and the documents which accompanied it, was now completed. The Council then adjourned to the following day at ten o'clock.

Minute No. 10. Council Chamber, Wednesday, 6th May, 1829.

Present:—The Venerable the Archdeacon; The Honourable the Colonial Secretary; The Honourable Colonel Pat. Lindesay. The Council having met pursuant to adjournment, and the chains

which had been put on privates Joseph Sudds and Patrick Thomp-onJ.Suddsaiid soll; 0f the 57th regiment, on the 22nd November, 1826, being pro-• ThomPson- duced, the Council caused them to be weighed and measured in

their presence, and their exact weights and measurement respectively were found to be as follows, viz.:— First set, being those exhibited in the Colonial Secretary's Office,

and originally put on the prisoner Thompson, Weight, thirteen pounds twelve and a half ounces (13 lbs. 12£ oz.). Dimensions, collar, a circle of 5$ inches diameter in the clear,

two projections 6i inches long, square at the extremities, made of iron J inch thick and I inch broad. Length of the two chains from the collar to the basils, 4 ft. 6 in.;

links formed of rod iron J inch in diameter. Basils 3| inches diameter in the clear, made of iron 2\ inches

broad, & inch thick. Two links connecting the basils, including the rings, 2 ft. 9 inches

long i inch thick. Second set, being those sent from Emu Plains, originally put on

the prisoner Sudds, and afterwards worn by Thompson:— Weight, fourteen pounds six ounces (14 lbs. 6 oz.). Dimensions, collar, a circle of 6 inches diameter in the clear, two

projections 7 inches long, square at the extremities, made of iron i inch thick, 1£ inch broad. Length of the two chains from the collar to the basils, 4 ft.

8 inches, links i inch thick. Basils, 4 inches diameter in the clear, made of iron 2\ inch broad,

I inch thick. Two links connecting the basils, including the rings, 2 ft. 9 inches

long, \ inch thick. Witnesses The Council then proceeded to examine the following persons examined. relative to the charges contained in Mr. Wentworth's Letter of Im

peachment, and their evidence will be found in the Appendix,* viz.:— William Dumaresq, esq., late civil engineer; Lieutenant Henry Hill, adjutant of the 57th regiment; Mr. Joshua Thorp, superintendent of public works; James Lovel, serjeant-major of the 57th regiment; Mr. Mathew John Gibbons, storekeeper to the engineer; Benjamin Constable, overseer of blacksmiths; Thomas Icely, esq., justice of the peace. The Council then adjourned to the following day at ten o'clock.

1829. 28 May.

Conclusion of reading of impeachment.

Examination of chains used

* See Appendix C, D, E, F, G, H and I.

DARLING TO MURRAY, 869

Minute No. 11. 1829. Council Chamber, Thursday, 7th May, 1829. 28 May'

Present:—The Venerable The Archdeacon; The Honble. The Colonial Secretary; The Honble. Colonel Pat. Lindesay. The Council, having met pursuant to adjournment, proceeded to witnesses

examine the following persons relative to the charges contained in examined. Mr. Wentworth's Letter of Impeachment, and their Evidence will be found in the Appendix,* vizt.:— Mr. James Kinghorne, Superintendent of the Agricultural Estab

lishment at E m u Plains. George Plumley, Overseer of No. 1 Iron Gang, holding a Ticket

of leave. James Mitchell, Esq., Surgeon of the General Hospital, Sydney. The Council then adjourned to the following day at Eleven o'clock.

E. DEAS THOMSON,

Clerk of the Council. Minute No. 12. Council Chamber, Friday, 8th May, 1829.

Present in pursuance of adjournment:—The Venerable The Archdeacon ; The Honble. The -Colonial Secretary; The Honble. Colonel Pat. Lindesay. The Council proceeded to examine the following persons in rela- witnesses

tion to the charges contained in Mr. Wentworth's Letter of Im- examined. peachment, and their Evidence will be found in the Appendix,f vizt.:—•

William Henry Moore, Esquire, Solicitor, who, upon his examination being finished, retired, and shortly after transmitted a Letter to the Council which is appended to his Evidence. Mr. Steel, Governor of the Gaol of Sydney. Captain Robert Robison of the New South Wales Royal Veteran

Company, who, previously to signing his Evidence, requested that the following Protest might be entered on the Minutes of the Coun- Protest of cil, and his request was acceeded to : R- Robison - " Captain Robison, previous to his signing the Statement which gemination has been now taken from him before the Executive Council, begs by council. most respectfully to submit his dissent as to the propriety and competency of the present Tribunal to enter upon the matter upon which his statement has been taken. " Council Chamber, Sydney, this Eighth day of May, 1829.

" R. ROBISON,

" Captain, N. S. Wales Rl. V. C." The Council then adjourned to the following day at Eleven o'clock.

E. DEAS THOMSON,

Clerk of the Council. Minute No. 13. Council Chamber, Saturday, 9th May, 1829. Present:—The Venerable the Archdeacon; The Honourable the

Colonial Secretary; The Honourable Colonel Pat. Lindesay. The Council having assembled, pursuant to adjournment, proceeded to examine the following persons relative to the charges

* See Appendix J, K and L. t See Appendix N, 0 and P and M.


1829. contained in Mr. Wentworth's Letter of Impeachment, and their 2S May. evidence will be found in the Appendix,* viz. :—

witnesses Lieutenant Colonel Thomas Shadforth, 57th regiment. examined. William Dumaresq, late civil engineer, being his second examina

tion. The Council then adjourned to Monday, the 11th instant, at

twelve o'clock.

Minute No. 14.

Council Chamber, Monday. 11th May, 1829. Present:—The Venerable the Archdeacon; The Honourable the

Colonial Secretary; The Honourable Colonel Pat. Lindesay. Non-attendance The Council having met pursuant to adjournment, and Mr. King-of witness. borne, jum, who was summoned to appear, not being in attendance,

adjourned to the following day at eleven o'clock.

Minute No. 15.

Council Chamber, Tuesday. 12th May, 1829. Present:—The Venerable the Archdeacon; The Honourable the

Colonial Secretary; The Honourable Colonel Pat. Lindesay. Comparison The Council, having met pursuant to adjournment, took into con-of minutes sideration that partt of Mr. Wentworth's Letter of Impeachment. n. council. which, though it does not directly charge, insinuates that the pro

ceedings of Council, transmitted by his Excellency the Governor to the Right Honourable the Secretary of State relative to the case of Sudds, may have been garbled. The proceedings of the Council, dated the 8th and 9th December,

1826, were compared with the copy printed by order of the House of Commons on the 14th July, 1828. when only a few clerical and

Errors in dates typographical errors were discovered, but not in any way affecting but not in facts, the sense of the minutes.

The first minute in the printed copy is dated 5th December, and in the original minutes the 8th December; the second minute in the printed copy is dated 9th November, instead of 9th December. There appears also to be an error in the date of Mr. M'Leay's

statement, which on the 9th of December must have been given in without any date, and without being sworn to, and afterwards sworn to by desire of the Council. The error in the date of Mr. M'Leay's statement is however im

material, as the minutes of the 8th and 9th December. 1826, were, according to the invariable practice of the Council, read and confirmed at the next meeting on the 30th of the same month, as appears by Minute No. 23 of that date, when the same Members of Council were present, namely:— His Excellency the Governor; His Honour the Lieutenant Gover

nor ; His Honour the Chief Justice; The Honourable the Colonial Secretary. The minute book of the Council having been further carefully

examined, it was ascertained that it contained no other proceedings on this subject. The Council then adjourned to Thursday, the 14th May instant,

at ten o'clock. * See Appendix Q and R. t Note 239.


Minute No. 16. 182g. Council Chamber, Thursday, 14th May, 1829. 28 May-

Present:—The Venerable the Archdeacon; The Honourable the Colonial Secretary; The Honourable Colonel Pat. Lindesay. The Council, having met pursuant to adjournment, resumed the witnesses

consideration of the charges contained in Mr. Wentworth's Letter examined. of- Impeachment, and proceeded to examine the following persons in relation thereto, whose evidence will be found in the Appendix,* viz.:— Mr. Charles Nye, clerk in the Colonial Secretary's Office; Mr. Alexander Kinghorne, jun., millwright. The Council then adjourned to Saturday, the 16th instant, at

twelve o'clock. Minute No. 17.

Council Chamber, Saturday, 16-th May, 1829. Present:—The Venerable the Archdeacon; The Honourable the

Colonial Secretary; The Honourable Colonel Pat. Lindesay. The Council having met pursuant to adjournment, and further Further

taken into consideration the charges contained in Mr. Wentworth's consideration. Letter of Impeachment, adjourned over to Monday, the 18th May-instant, at eleven o'clock. Minute No. 18.

Council Chamber, Monday, 18th May, 1829. Present:—The Venerable the Archdeacon;. The Honourable the

Colonial Secretary; The Honourable Colonel Pat. Lindesay. The Council, having met pursuant to adjournment, proceeded to Examination

examine Edmund Lockyer, esq., surveyor of roads and bridges, in o£ E- Lo<*yer. relation to the charges contained in Mr. Wentworth's Letter of Impeachment, and his evidence will be found in the Appendix, f Mr. William Henry Moore, having been called in and requested Refusal of

to swear before the police magistrate to his examination taken tJ^^tThis before the Executive Council on the eighth day of May instant, examination. declined doing so, stating that he should not have any objection to swear to the whole of this examination before a competent tribunal, but that, as he considers the magistrates could take no cognizance of the matter, he declined doing so. The Council, under the circumstances of the case, have thought

proper to include Mr. Moore's evidence amongst their proceedings, without being sworn to, as it is already signed by him. The Council have not deemed it expedient to call upon Captain R. Robison

Robison to swear to his examination, taken before them on the 8th exempted May instant, in consequence of his having then " submitted his dis- t™JJ|s

swe g

sent as to the propriety and competency of the present tribunal to examination. enter upon the matter upon which his statement had been taken." The Council then adjourned to the following day at -twelve o'clock.

Minute No. 19. Council Chamber, Tuesday, 19th May. 1829.

Present:—The Venerable the Archdeacon; The Honourable the Colonial Secretary ;• The Honourable Colonel Pat. Lindesay. The Council, having assembled pursuant to adjournment, re- Further sumed the consideration of the Charges contained in Mr. Went- consideration. worth's Letter of Impeachment, and then adjourned over to Thursday, the 21st instant, at eleven o'clock.

* See Appendix S and T. t See Appendix U.


1829. 28 May.

Consideration of evidence.

Language used by W. C. Wentworth.

Principal charges for investigation.

Charge of misstatement re conduct of military.

Evidence re conduct of •I. Sudds and P. Thompson.

Self-inflicted injuries to avoid military service.

Charge re nature of irons.

Minute No. 20.

Council Chamber, Thursday, 21st May, 1829. Present, in pursuance of adjournment:—The Venerable the Arch

deacon ; The Honourable the Colonial Secretary; The Honourable Colonel Pat. Lindesay. The examination of the witnesses being closed, the Council pro

ceeded to consider the evidence taken before them, and subsequently sworn to before a magistrate by all the respective parties, excepting Mr. W . H. Moore and Captain Robison, whose examinations were not sworn to, for the reasons stated in the minute of the 18th instant. The Council do not think it is within their province to make any

remark on the coarse and indecorous language, which forms a great part of the letter addressed to the Right honourable the Secretary of State by Mr. W . C. Wentworth. The following are the principal points or charges advanced in

the letter, which have appeared to the Council to require investigation or to merit attention; and to each of these is added the substance of the evidence which the Council have been able to collect on the subject: 1st. Mr. Wentworth states,* that privates Sudds and Thompson, of

the 57th regiment, were men of previously unblemished character, and that the Governor's representation respecting the former instances of similar misconduct on the part of some of the 57th regiment was not correct.

On the subject .of this statement, the Council examined Lieut. Col. Shadforth.t of the 57th regiment, who states that he considers Sudds's conduct as a soldier bad; that he was a drunkard; that he knew him to have been dishonest, independently of the act of which he was convicted; that he was a deep designing man; and that Thompson, though not a bad man, yet being silly was easily imposed on, and consequently troublesome. James Lovel,i the ser-jeant-major of the same regiment, states he was obliged to dismiss Sudds from his private service for misconduct, he having previously on several occasions heard him say that, if sent to his duty in the regiment, " he would never soldier." The serjeant-major also states. that the character of Thompson in the regiment was very indifferent. Edmund Lockyer,§ esquire, late major of the 57th regiment states that he knew both Sudds and Thompson to have been men of indifferent character; he also states two instances of men of that regiment having maimed themselves for the purpose of getting rid of the service; and that, in consequence of these cases and of the bad feeling which appeared among some of the old soldiers of the regiment, he had felt it his duty to report the circumstances to Sir Thomas Brisbane, the late governor. 2nd. Mr. Wentworth alleges* that the irons put on Sudds and

Thompson did not fit them, and that they consequently could not Me down or turn with the irons on them.

It appears by the evidence of Mr. Mathew John Gibbons, || storekeeper to the engineer in the Lumber-yard, and of Benjamin Constable, overseer of the blacksmiths, that no particular orders respecting the size or weight of the irons were given; but Mr. Gibbons

* Note 240. t See Appendix 0. t See Appendix F. § See Appendix U. || See Appendix G.


stated that he heard the chief engineer say that the weight of the 1829i

chains was not so much the object as their peculiar form, for the 28 May. purpose of degrading the soldiers in the eyes of their comrades; and Benjamin Constable,* who saw them made, states that they were commotion directed to be made easy, so as not to distress those for whom they 0f irons; were intended. William Dumaresq.f esq., the late chief or civil engineer, states that, in pursuance of directions emanating from the Governor, he ordered the two sets of chains to be made, and that he does not recollect that any particular directions were given respecting them, further than to add the neck-collar and to connect it with the usual leg-irons with small chains. It appears, from this gentleman's evidence, that, when the chains were made, one of the sets, having then on the neck-collar two spikes in addition to the present projections, was sent to Government House for inspection, and that the spikes were then removed from both sets by order of the Governor. This statement is corroborated by Mr. Joshua Thorp,t the superintendent of public works, who states that collars of a lighter description were substituted for those first made, and by Benjamin Constable, who states that that part of the iron was taken away so as to have made them lighter. Such is the evidence respecting the manufacture of the chains in question, which have been carefully weighed and measured in the presence of the Council, as detailed in No. 10 Minute of the 6th Instant. How far it is true that Sudds and Thompson could not lie down and re effect

or turn in them will appear from what follows:—Serjeant Major of irons on Lovel§ states that, to the best of his recollection, the height of Sudds Pnsoners-was -about 5 ft. 7 in. or 5 ft. 7J in., and that the height of Thompson was about 5 ft. 9 in. to 5 ft. 9£ in., and that Thompson was not so stout in proportion to his height as Sudds. Their height has been more accurately ascertained by reference to the book containing the descriptions of the soldiers of the 57th regiment, which was produced to the Council by Lieutenant Hill,|| the adjutant. The height of Sudds was recorded in this book at 5 ft. 7\ in., and that of Thompson 5 ft. 8 in., although in this man's statement, appended to Mr. Wentworth's letter, it is alleged that he was 3 inches taller than Sudds. In that statement, however, Thompson mentions that he did not hear Sudds complain of the chains being too short, and that he thinks he could lie either on his back, or on his sides. Mr. Steel,1f the governor of the gaol, states that he believes that the irons, which were originally put on Sudds, were afterwards put on Thompson by order of the under-gaoler; and Mr. James Kinghorne,** superintendent of the agricultural establishment at Emu Plains. states that these irons, after having been taken off Thompson, were tried on by -Captain Robert Robison; that he saw him lie down in them at full length; and that he is almost sure that he saw him turn while lying on the floor with the irons on him. This is fully confirmed by the evidence of Mr. Alexander Kinghorne, junior. Captain Robisonff in his examination states his height to be about 5 ft. 11 in., being 3£ inches taller than Sudds, and 3 inches taller than Thompson; and, as he is more than ordinarily stout in person, it is evident that the irons he tried on would not have been too short or too small for either Sudds or Thompson. Mr. Icely,+t a magistrate, who saw the prisoners immediately after the irons were put * See Appendix H. t See Appendix C. ' % See Appendix E. § See Appendix F. • || See Appendix D. If See Appendix O.

** See Appendix J. tt See Appendix P. XX See Appendix I.


1S29. 28 May.

Evidence re effect of irons on prisoners.

on, states that he took particular notice of the irons, and that the impression on his mind at the time was that the collar and connecting chain were intended more for effect than actual punishment, and that -this opinion was confirmed by the conduct of the men, who danced to the tune of the rogues' march as they moved along, and held their caps in the air, as if to show their indifference to the degradation to which they had been subjected. H e further states that he did not observe that either of them was much oppressed by the chains; and from the levity manifested on the occasion (by both according to the impression on his mind), he should certainly think not. To this may be added the evidence of George LTumley,* overseer of the iron gang, in which Thompson worked, who states that he did not suffer any more than inconvenience from the irons, and that he did not appear to suffer pain from them. Statement and

evidence re illness .of P. Thompson.

Charge of substitution of irons.

Evidence re identity of irons.

3rd. It is statedf in Mr. Wentworth's letter that, during the continuance of Thompson in the iron road gang, he contracted a fatal malady.

This does not appear to be authorised even by the statement of Thompson himself; but George Plumley,± the overseer of the road-gang, states that Thompson was in perfect health when he was sent to Penrith Gaol for refusing to work, and that the irons were taken off him before he left the gaol. It appears, indeed, by his own statement above referred to, that it was while he was in gaol that he was taken very ill. 4th. It is allegedf that the irons, which were exhibited in the Office

of the Colonial Secretary, were neither those which had been put on Sudds, nor those which had been put on Thompson, but were forged for the purpose.

On this subject, it is sufficient to refer to the evidence§ of Mr. Dumaresq, Mr. Thorp, Mr. Gibbons, and Benjamin Constable, who all concur in stating that only two sets of the-description of irons, which were put on Sudds and Thompson, were made. Mr. Steel || states -that he believes that the irons, which were taken off Sudds in Gaol, had been afterwards put on Thompson by order of the under gaoler, and consequently the chains, exhibited in the Colonial Secretary's Office, were those which had been originally put on the last-mentioned prisoner; but Mr. Dumaresqlf states that both sets were ordered to be made exactly alike, and although it is now ascertained that one set is a few ounces heavier than the other, yet the irons, which were exhibited, were correctly stated to be a counterpart of the others. Comparison

of irons.

Evidence re irons used in colony.

5th. In page — j of Mr. Wentworth's letter, it is stated that the irons, which were shewn in the Colonial Secretary's office, if weighing only thirteen pounds twelve ounces, exceeded in weight those worn in the road gangs by at least nine pounds twelve ounces, and those put on murderers and other atrocious criminals ordered for execution by at least one pound twelve ounces.

Mr. Dumaresqf states that, when the iron gangs were first formed, he was inspector of roads and bridges, and that, finding that the irons, which are brought from England, were from their construction

* See Appendix K. § See Appendix C, E, G and H.

t Note 211. J See Appendix K. || See Appendix 0. H See Appendix C.


easily got off, he ordered deep basils to be made of flat iron,, and is29i

the irons to be of three sizes, varying from about six to nine 2s'May-pounds ; but some of the lighter basils are still used when others . cannot be obtained. Mr. Thorp* states, the flat basils have been J^fÎe

in

made for the last two or three years for convicts worked on the colony. roads, and that the basils alone weigh six or seven pounds. Mr. Gibbonsf states that the basils for the convicts on the roads are made of a flat form, because they can slip the round basils over their heels. Benjamin Constable:;: states that basils of a flat form have been made for upwards of three years; and both Mr. Gibbon and Constable concur in stating that the irons now usually made for the road gangs, weigh from about six to nine pounds. George Plumley§ states that the only irons used in his gang are such as come out in prison ships from England, weighing from three and a half to four pounds; but Major Lockyer.|| the present surveyor of roads and bridges, explains this is because, Plumley's gang being distant from a forge, he has been unable to get the basils altered. This gentleman also states that it is intended to alter the whole of them on account of the facility with which the convicts slip the round basils over their heels. Benjamin Constable?, states that he recollects that about seven years ago there were some very heavy irons made for the gaol, and as he still occasionally sees the same irons brought to the lumber-yard to be repaired, he has no doubt of their weighing from sixteen to eighteen pounds. H e also states that he recollects that on one occasion two sets of irons were sent from the gaol to be repaired, which he is confident weighed twenty-one or twenty-two pounds each. Mr. Gibbonf states that, about the year 1793 or 1794, there were collar irons made by order of Lieutenant-Governor Grose for women convicts. They were made of round bolt iron, formed into a collar for the neck, with two projections extending from a foot to eighteen inches from the collar. and weighing about fourteen or fifteen pounds each. On this subject, the Council think it proper to remark that, from the peculiar construction of the irons put on Sudds and Thompson, the greater part of the weight must rest upon the shoulder, or hang equally from two opposite sides of the neck, and that the heaviest set of the two weighs only fourteen pounds six ounces, which is only six ounces more than the weight of a common musket. 6th. It is also statedlf that the irons, which were actually worn by Estimated

Sudds and afterwards by Thompson, were considered by Cap- 1*}^^"°™ tain Robison, who tried them on, to weigh thirty or forty -pounds or even more.

The identity of the irons originally put on Sudds and Thompson, Evidence re and those now produced to the Council, has been proved in a most y ^ L a ^ satisfactory maimer. The precise weight of one of the two sets irons produced was found to be thirteen pounds -twelve ounces and a half, and of the other fourteen pounds six ounces. Mr. Dumaresq** states that the only irons of this description, that have been made, were made expressly to be put on Sudds and Thompson, and that he had no doubt that the two sets now produced were the same: and that he had ascertained the weight of the irons, which were exhibited in the Colonial Secretary's Office, to be thirteen pounds twelve * See Appendix E. t See Appendix G. X See Appendix H. § See Appendix K.

|| See Appendix U. U Note 242. ** See Appendix C.

876 HISTORICAL R E C O R D S O F AUSTRALIA,

!829. ounces. Mr. Gibbons* states that, when the two sets of irons were 28 May. weighed by him, they were to the best of his recollection found to

be thirteen pounds and some odd ounces each. Benjamin Con-wlight nd6 stablef states that, when made, they were calculated to weigh identity of about fifteen pounds, but that some part of the iron was afterwards irons. taken away, which made them weigh lighter. Mr. Icelyj has no

hesitation in saying that the two sets of irons, produced before the Council, are exactly similar to those worn by Sudds and Thompson in November, 1826, as the lightness of the collar and of the chains connecting it with the basils particularly struck him. When the two sets of irons were shown to George Plumley,§ he identified that which had been worn by Thompson, and afterwards delivered by him to Mr. James Kinghorne, at E m u Plains. H e states that he knew them from a chisel mark, which he made on them when taking the rivets off, but that he had never ascertained their weight. Mr. James Kinghorhe|| recognized the same set of irons from several marks, and states that they were given to him as those worn by Thompson; that there were no other chains of the same description at E m u Plains or used in the gang there; that they are the identical chains, which were tried on by Captain Robison; that he did not ascertain their weight, but that he judged it to be from twelve to fourteen pounds. H e further states that he had shown them to several persons, and that, when Lieutenant Christie, who was present when Captain Robison tried them on, observed that they must weigh sixty pounds, his brother, Mr. A. Kinghorne, jun., who was standing by, said " no such thing," and, taking them up in his hand and stretching out his arm, added, " Do you think I could hold out sixty pounds in this way?" Mr. Alexander Kinghorne.lf jun., also identified the irons which were at E m u Plains, and which Captain Robison tried on. He knew them from a nail in one of the basils, and he entirely corroborated his brother's statement of his having held up the irons in his hand with a stretched out arm, in the presence of Captain Robison and Mr. Christie, when they examined the irons about the month of May, 1827; he thinks they weighed somewhere between fourteen and fifteen pounds. These irons were found,** when weighed before the Council, to weigh precisely fourteen pounds six ounces; but, notwithstanding their having been so satisfactorily identified as those which had been worn by Thompson, and tried on by Captain Robison at E m u Plains, Captain Robisontt states that the chains, which he tried on, and which were shewn to him as being the set that had been on private Patrick Thompson, were thought or guessed by him to be about thirty or forty pounds; that their weight might have been less, but that his impression, at the time he tried them on, was that it was more. He adds, however, that it was candle-light when he tried them on, and, as he now- saw those presented,to him by the Council in daylight, he considered it possible that he might be wrong in guessing their exact weight; he considered the weight of • each of the sets now exhibited, at a hazard, eighteen or twenty pounds; he describes the irons that were shown to him at E m u Plains, as consisting of an iron collar with two projecting spikes, and communicating from the collar by chains to the legs, and also two heavy chains extending from one leg to the other. He states that, to the best of his

* See Appendix G. t See Appendix H. J See Appendix I. § See Appendix K. || See Appendix J.

H See Appendix T. ** See Minute No. 10. tt See Appendix P.


recollection, there was only one set of irons shown to him, but that 1829

he could not positively swear to the identical chains, although he 28 May. thought he could positively say, if he saw them, whether they were the set he tried on in company with Mr. Christie. When requested weight am? to look at the two sets before the Council, and, after examining identity of them for some time and trying them on, he stated that he could not irons-take upon himself to say exactly which of them was the set that he had on at Emu Plains; they both appeared to him to be similar to those he had on as regards the neck, and the chains communicating below, but he felt confident, as far as his recollection served, that there was an infinitely greater weight of chains upon the legs than is appended to those he now saw. He states that he has not the slightest recollection of any person, who was present when he tried on the irons, having held the whole in his hand with a stretched out arm, and that he thinks it morally impossible that any person could have done so. The Council think it proper to remark, however, that, when this question was put to Captain Robison, although answered in the negative, it immediately brought to his recollection the name of the person, who is proved to have actually held out the chains in his hand, as above described; and he then requested to have " one of Mr. Kinghorne's brothers " added to the names of the persons, whom he had previously stated to have been present when the irons were shown to him. Mr. Alexander Kinghorne,* junior, who was examined after Captain Robison, was asked if, at the time he saw the irons on Captain Robison, he observed any more iron about the legs than he saw before the Council, and he answered that he had not, and that, if there had been, he should have observed it. 7th. It is statedf that Captain Dumaresq, out of the common course, Alleged removal

ordered the irons to be taken off Thompson, and afterwards of chains by secretly carried them away from Emu Plains in a bag in his gig. J ^ ™ ' '

It will be seen by the evidence of Captain Dumaresq.J of Mr. plains. James Kinghorne, and of George Plumley, that the order of the Evidence in Governor for taking the chains off Thompson was communicated in "tatement1

the only regular way, in which it could have been done, through Captain Dumaresq, as the head of the department of roads and bridges, to Mr. Kinghorne, and by him to the overseer under whom Thompson was placed. It will also be seen, by the same evidence, that the irons were not removed from Emu Plains in a gig or by Captain Dumaresq, and that in fact Captain Dumaresq had not a gig, but went on horseback to Emu Plains, at the time he ordered the irons to be removed. Captain Dumaresq§ states that he then ordered Plumley to send them to Parramatta, together with such other extra irons as he had in his possession, and that they were received by the storekeeper at Parramatta on the following day. That they were then removed to the government house at that place, and that they have lain there ever since until a few days ago. He adds that he never, at any period, conveyed these chains in his gig. This is corroborated by Mr. Kinghorne's evidence, and Plumley|| the overseer states that, by order of Captain Dumaresq, he sent Thompson's irons to Parramatta in a cart by. one of his assistant overseers, who took about nineteen other pairs of irons at the same time. • See Appendix T. t Note 243. X See Appendix C, J, K and R.

§ See Appendix R. || See Appendix K.


1829. 28 May.

Allged neglect to obtain full medical evidence.

Medical evidence re illness and death of J. Sudds.

8th. Mr. Wentworth alleges* that Mr. MTntyre, the assistant surgeon, if pressed, could have stated the proximate cause of Sudds's death, and that the opinion of Dr. Bowman, the principal surgeon, and of Mr. Mitchell, the surgeon, who examined the body, were not called for, because they were already known to be unfavorable.

In consequence of the absence of Mr. MTntyre at a distant penal settlement, the Council has had no opportunity of examining him; but they consider this to be very immaterial, as Mr. MTntyre has already been twice examinedf before the Executive Council on this subject. Messrs. Bowman and Mitchell have now been examined, and how far their opinions can be considered unfavourable, may be seen by reference to their evidence. Mi-. BowmanJ states that, about a fortnight or three weeks before the death of Sudds, he visited the gaol with Mr. M'lntyre, and found that Sudds had been treated for dropsy, but was that day discharged from the sick list, his disease having subsided; that he saw him when he was removed to the general hospital on the 26th of November, 1826, and again on the following morning, when he was in a state of delirium, and unconscious of any thing that was said to him. Mr. Bowman adds that he understood from Mr. MTntyre that Sudds had refused every sort of sustenance for several clays, and, in the state of exhaustion so occasioned, delirium was produced. Sudds died on the 27th of November, and Mr. Bowman was not present when the body was dissected, nor did he see it afterwards; but Messrs. Mitchell and M'lntyre, who were present at the dissection, stated to him that a trifling affection of the liver was the only indication of disease, all the other parts of the body being in a natural state. In answer to a question put as to what he understood to be the proximate cause of Sudds's death. Mr. Bowman* stated that, having suffered from a dropsical disease previously, and having for several days previous to his removal to the hospital refused all sustenance, he attributed Sudds's death to inanition. Mr. Mitchell§ states that the first knowledge, he had of Sudds's indisposition, was on the evening of the 26th of November, 1826, when he was received into the general hospital, where he attended him. H e was admitted in a state of delirium, and, from Mr. M'Intyre's representation of the case, Mr. Mitchell conceived that the delirium was the consequence of weakness from his having refused nourishment for several days. Mr. Mitchell states that he attended at the examination of Sudds's body, and assisted Mr. MTntyre in opening it, and that the body appeared in general healthy, and no particular organ was so materially affected as might justly be called the proximate cause of death. The liver seemed to indicate he had lived freely, but it was more functional derangement than organic disease. In answer to a question as to his opinion of the actual cause of Sudds's death, Mr. Mitchell§ states that, from the history given to him by Mr. M'lntyre, he is of opinion " that Sudds died of inanition in conjunction with all the depressing passions connected with his unfortunate situation." Mr. Mitchell adds that Mr. M'lntyre had stated to him that Sudds, while in gaol, had a dropsical affection and bowel complaint, and that he was inclined to suspect that the affection of the bowels was the principal cause of his death. Mr. Mitchell further stated that he did not examine the throat, but that he

Note 244. t Note 245. X See Appendix B. § See Appendix L.


does not believe that the winepipe or bronchia were diseased. In 1829. answer to a question respecting his opinion as to the effect of the 2s May. irons, which had been on Sudds about twenty-eight hours, Mr. - j — Mitchell* states that, having examined the irons, he is of opinion evidence rC that the wearing of them was not the cause of Sudds's death. This illness and' question was omitted to be put to Mr. Bowman, wmo had sailed de*th °f

for Moreton Bay before Mr. Mitchell was examined; but both Mr. Bowman and Mr. Mitchellf state expressly that they do not consider that the wearing of those irons for the time they were on Sudds would seriously injure the health of a man otherwise free from disease. 9th. It is further allegedj that the government prevented a coroner's Allegations

inquest from being held on the body of Sudds, or at least that "-amission^ no inquest was held because it was understood that such a pro- jês0"6' " ceeding would be disagreeable to the government.

H o w far this charge can be supported will best appear from the Evidence on concurrent evidence of Messrs. B o w m a n and Mitchell,t who state P°int raised-that no coroner's inquest was called, because it is not usual to hold inquests on persons dying in the hospital, except in cases of casualty, and never in cases similar to that of Sudds. These gentlemen also state that they are not aware of any order or intimation having been issued, directly or indirectly, from the Governor, the Colonial Secretary, or any department of government, not to hold an inquest. 10th. It is also allegedj that the Governor was aware of Sudds's ill- Privity of

ness, if not before the irons were put on him, at least before nin'ess and'° his death, and that he was removed in a dying state from the removal to • gaol with the privity of the Governor, in order that the body hospitai of might not be subject to a coroner's inquest.

Mr. Bowman§ states that, on the day of Sudds's death, he com- Evidence munieated the circumstance to the Colonial Secretary, but that he ™ansmiss-ion is not aware of any communication having been made either to the of reports on Governor or to the Colonial Secretary of the state of Sudds's health health of previous to his death, and that he thinks he should have known if J- Sudds-any such communication had been made, because all official communications are made through him as head of the department When he is in Sydney. Mr. Mitchell* states also that he is not aware of any communication having been made to the Governor, or to the Colonial Secretary, of the State of Sudds's health, nor did he communicate his death to either, but reported the circumstances to Mr. Bowman. Mr. Steel|| states that the illness of Sudds, while in gaol, was never reported to the Governor or to the Colonial Secretary, it not being usual in such cases to do so. Lieutenant Colonel Shadforth.i: who commanded the 57th regi

ment ill November, 1826, states that he was present when the irons were put on Sudds and Thompson; that Sudds appeared to him to be in a sicklv state, but that he attributed it to his having been a hard drinker, and being deprived of the stimulus to which he had been used and to the excessive heat of the day. H e cannot positively state whether Sudds sat down on the parade, either before or after the irons were put on him, but thinks he did sit down to * See Appendix L. t See Appendix B and L. X Note 246. § See Appendix B.

|| See Appendix 0. 1 See Appendix Q.


1829. 28 May.

Evidence re non-transmission of reports on health of J. Sudds.

Removal of J. Sudds to hospital.

Alleged request for assistance of W. C. Wentworth.

Evidence of W. H. Moore re interview with W. O. Wentworth.

have his convict shoes put on, which he seemed to effect with difficulty, his feet being swollen. Lieutenant Colonel Shadforth states that no representation was made to him by the surgeon of the regiment, or by any other medical officer of the state of Sudds's health at that time, nor is he aware that any medical officer of the garrison was present. H e adds that he does not know whether any report of the state of Sudds's health was made to the Governor or to any department of government, previous to his being taken from the gaol to the parade, or afterwards, prior to his death. Mr. Charles Nye,* a clerk in the Colonial Secretary's office, states that he registers all public letters and communications that are made to the Colonial Secretary, and that, on searching the register, he does not find that there is any record of any communication made to the Colonial Secretary in November, 1826, respecting the state of Sudds's health, although, if such had been made, he must have known it. With respect to the cause and manner of Sudds's removal from the gaol to the general hospital, Mr. Bowmanf states that he was removed upon Mr. M'-Intyre's application to the sheriff to have him removed in consequence of his severe illness. Mr. Mitchellt states that he concludes that Sudds was removed in the usual manner at the representation of the attending surgeon of the gaol to the sheriff of the necessity of the removal of the patient to the general hospital for the convenience of procuring medical treatment and comforts, which he could not obtain so beneficially in the gaol. 11th. The letter states§ that the Governor sent a message by Mr.

Moore, then acting Attorney General, to Mr. Wentworth, requesting of him to exert his influence with the Australian newspaper, and put a stop to the observations it contained in the case of Sudds and Thompson, and soliciting his advice.

Mr. Moore|| has been examined by the Council on this subject, and he states that he did have a communication with Mr. Wentworth by desire of the Governor, and that he stated to the Governor fully the particulars of the conversation that passed, but it is so long ago that he cannot trust his memory. H e cannot speak as to expressions, but his impression is that the Governor did ask him to request of Mr. Wentworth to use his influence with the editor of the Australian newspaper to put a stop to observations that were appearing in that paper respecting the death of Sudds; but he certainly does not recollect that the Governor ever requested him in any way to ask Mr. Wentworth's advice on the subject, or that he stated he would follow the advice that Mr. Wentworth would give. This, however, appears to be explained by Mr. Moore's letterlf of the 8th of May instant, in which he states that, although he has no wish to qualify his statement of having no recollection of the Governor's having ever made any such request of him, yet he wishes to explain that statement by adding that, in his conversation with the Governor previously to his waiting on Mr. Wentworth on the occasion alluded to, he desired him to tell Mr. Wentworth that he was willing or anxious to submit the whole facts of Sudds and Thompson's case to the law authorities here, to judge whether he had acted illegally or with improper severity, considering the circumstances of the case; and that, if Mr. Wentworth would advise

* See Appendix S. t See Appendix B. X See Appendix L. § Note 247. || See Appendix M. K See Appendix N.

D A R L I N G T O M U R R A Y . 881 or point out any method of so bringing it before the cognizance of 18,9 the Courts here, he, the Governor, would follow the method he 28 Mav. would point out for that purpose. Mr. Moore told the Governor . that no proceeding of the kind could take place in the colony. He W

V ' H Moo* thinks he replied that he might as well tell Mr. Wentworth so, rdnterview and that he, the Governor, would concur with him in any measure with w. c. for that purpose. At any rate he did repeat that part of the Gov- Wentl-™rth-ernor's conversation to Mr. Wentworth, who was of his opinion that no such line of proceeding could be adopted. Mr. Moore* adds that he believes the Governor had received intimation from Mr. Wentworth of his intention to forward to England an impeachment against him in this matter; and that the Governor requested him to urge Mr. Wentworth to expedite the forwarding it by a vessel. which was then about to sail, and also to forward to the Governor the copy which Mr. Wentworth had pledged himself to give to him. 12th. Mr. Wentworth alleges,! or at least insinuates, that the pro- Alleged

ceedings of the Executive Council, of which extracts have been falsification printed by Order of the House of Commons, are garbled and OIrecords-false.

The Minutest of the Council of the 12th instant will sufficiently Accuracy tested refute the charge,-inasmuch as the proceedings of the Council in by council. December, 1826, have been compared with the printed copy, and found to be substantially correct. 13th and lastly. It is allegedf that it is not true that prisoners, sen- statement re

fenced to transportation, frequently apply to have their sen- preference for fences commuted to working on the roads in irons. gangs'in

Mr. Steel,§ the governor of the gaol, Who was examined on this Evidence re subject, states that he has frequently known prisoners make appli- applications by cation for commutation of their sentences, which have been acceded l bourYn iron to by their being sent to iron gangs; and that he knows but of one gangs. instance," namely, that of private Patrick Thompson, of the fifty-seventh regiment, where such commutation has not been considered a mitigation of sentence. H e adds that he may have delivered to the Colonial Secretary petitions from prisoners under sentence of transportation expressly praying to have their sentences commuted to work on the roads in irons, but he cannot call to his recollection any particular instances, the applications were so numerous. The Council then adjourned, sine die.

T. H. SCOTT.

E. D E A S T H O M S O N , Clerk of the Council. Extracted from the Minutes of the Executive Council of New

South Wales by E. D E A S T H O M S O N ,

Clerk of the Council.

A P P E N D I X to the Minutes of the Executive Council, from No. 8 Appendix to of the 4th to No. 20 of the 21st May, 1829, inclusive. S S ! o f

Enclosure A. [This was a copy of W. O. Wentworth's letter, dated 1st March, impeachment

1829; see page 800 et seq.] of R- Darlin -* See Appendix M. t Note 248. X See Minute No. 15. § See Appendix 0.

SEE. I. VOL. XIV—3 K


1829. 28 May.

Examination of J. Bowman.

Illness of J. Sudds.

Removal to general hospital.

Condition of J. Sudds in hospital.

Death of J. Sudds.

No reports made on illness,

Post-mortem examination on body of J. Sudds.

Cause of death.

Reasons for not holding an inquest.

Enclosure B to the Proceedings of the Executive Council.

Minute No. 8 of 1829.

EVIDENCE of Dr. Bowman, Inspector of Hospitals, as taken before the Executive Council, this 4th day of May, 1829. On what day did you first know of the indisposition of Joseph

Sudds?—About a fortnight or three weeks previously to his death, I visited the gaol with Mr. MTntyre, the assistant surgeon, who had charge of the gaol, and found that Sudds had been treated for dropsy, but was that day discharged from sick list, his disease having subsided. H o w often did you see Sudds in gaol?—I never saw him in gaol

but on the above occasion. By whose order was he removed to the general hospital, state

the cause, and when his removal took place?—He was sent to the general hospital on Sunday evening, I think the 26th of November, 1826, about five o'clock, upon Mr. MTntyre's application to'the sheriff to have him removed in consequence of his severe illness. Did you see him in the hospital, and what, in your opinion, was

the nature of his complaint?—I saw him when he was received into the general hospital, and again on the following morning. He was in a state of delirium, and unconscious of any thing that was said to him, I understood from Mr. MTntyre that Sudds had refused every sort of sustenance for several days, and, in the state of exhaustion so occasioned, delirium was produced. In fact he had determined to die. When did Sudds die?—On the forenoon of the 27th of November,

1826. Did you communicate his death to his Excellency the Governor

or to the Colonial Secretary, and, if so, when?—I called upon the Colonial Secretary on the day of Sudds's death, and communicated the circumstance to him. Are you aware of any communication having been made to his

Excellency the Governor or the Colonial Secretary of the state of Sudds's health previous to death ?—I a m not. If such a communication had been made by any medical officer

of your department, would you not have known it?—I think I should, because all official communications are made through me, as head of the department, when I a m in Sydney. Were you present When Sudds's body was dissected, or did you see

it subsequently?—I was not, nor did I see it afterwards. What appearance did you understand to exist in the body to

indicate the proximate cause of death?—Mr. Mitchell and Mr. MTntyre were present on the dissection of the body, and both stated to m e that a trifling affection of the liver was the only indication of disease. All the other parts of the body were in a natural state. What did you understand to be the proximate cause of Sudds's

death?—Having suffered from a dropsical disease previously, and for some days before his removal to the hospital having, as I before stated, refused all sustenance, 1 attribute his death to inanition. Did you think it necessary to call a coroner's inquest?—No. W h y not?—It is not usual on persons dying in the hospital except

in cases of casualty. Is it usual in cases, similar to that of Sudds, to call a coroner's

inquest?—Never.


Did you receive any order, directly or indirectly from the Gover- 1829, nor, Colonial Secretary or any department of government not to 28 May. hold an inquest?—No. „ :—-

, , . -,., r. •,,„-„• T . Examination

Have you seen the irons which were put on Sudds?—Yes, I have of J. Bowman. seen them. In your opinion, would the wearing those irons for twenty-eight Effect of

hours seriously injure the health of a man otherwise free from wearing irons. disease?—I should think not, indeed. J. B O W M A N .

Sworn before me, Sydney, the 5th day of May, 1829. F. Rossi, J.P.,

Principal Superintendent of Police.

Enclosure C to the Proceedings of the Executive Council.

Minute No. 10 of 1829. EX A M I N A T I O N of William Dumaresq, Esquire, late Civil Engineer, Examination of before the Executive Council, this 6th day of May, 1829. w- Dumaresq. You were civil Engineer in November, 1826?—Yes, I was. Were the two sets of chains, now exhibited to you, made under Manufacture

your orders?—I have no doubt they are actually the same, as I of irons. ordered chains of a similar description to be made. From whom did you receive orders to make those chains?—I do

not immediately recollect from whom I received those orders, but I have no doubt they emanated from the Governor. Was any particular size or weight directed?—I do not recollect

that any particular directions were given, further than to add the neck collar, and to connect it with the usual leg irons by small chains. When the chains were made, one of the sets was sent up to government house to be shown when they had on the neck collar two spikes in addition to the present projections, and those spikes were removed from both sets by order of the Governor. For what purpose were those chains made?—They were made

expressly to be put on Sudds and Thompson. What is their weight?—At the time they were made, I did not Weight of

weigh them; but I subsequently ascertained that the set exhibited lrons-in the Colonial Secretary's office weighed thirteen pounds twelve ounces. The two sets of chains were ordered to be made exactly alike; but I, two days ago, ascertained that the set worn by Thompson at E m u Plains exceeded somewhat the other set in weight. Were any other chains of a similar size and appearance made

at any other period by order of government?—No, never. Do you know the usual weight of chains for convicts employed Weight of irons

on the roads under sentence to work in iron gangs; if so, specify ed in iron them?—When the iron gangs were first established, I was inspector of roads and bridges. In the first place, the irons, which come out from England, were put upon the prisoners. I found from their construction they were so easily got off, that I ordered the deep basils to be made of flat iron. The general directions were to make them of three sizes, varying from about six to nine pounds. Some of the lighter basils from the Ships are, I believe, still used when the others cannot be obtained. W. D U M A R E S Q ,


1829. 28 Slay.

Examination of H. Hill.

Height of J. Sudds and P. Thompson.

Enclosure D to the Proceedings of the Executive Council.

Minute No. 10, 1829. E X A M I N A T I O N of Lieutenant Henry Hill, Adjutant of the 57th Regiment, before the Executive Council, this 6th day of May, 1829. Does the book you now produce contain the description of the

soldiers of the 57th regiment?—Yes, it does. Have the goodness to point out the size and description of privates

Joseph Sudds and Patrick Thompson?—Joseph Sudds was five feet seven inches and a half in height. Patrick Thompson was five feet eight inches in height. The form of these men is not stated in this book, and I do not recollect to have seen either of them myself.

H. HILL,

Lieut, and Adjt, 57th Regt.

Examination of J. Thorp.

Manufacture of irons.

Enclosure E to the Proceedings of the Executive Council.

Minute No. 10 of 1829. E X A M I N A T I O N of Mr. Joshua Thorp, Superintendent of Public Worksy

before the Executive Council, this 6th day of May, 1829. What situation did you hold in November, 1826?—I was the as

sistant engineer. Were the two sets of chains now exhibited made under your

orders?—No; they were made under m y inspection. From whom did you receive orders to make the chains?—I re

ceived no orders; but I believe orders were communicated to the overseer of blacksmiths direct from the chief engineer. For what purpose were these chains made?—I understood at the

time they were intended for two soldiers convicted of theft. What is their weight?—I have no recollection. I think the first

set made was found too heavy, and a collar of a lighter description substituted for the original one, which was broken up, never having been completed.

Were any other chains of a similar size and description made at any other period by order of government to your knowledge?—Not that I am aware of.

Weight of irons Do you know the usual weights of chains for convicts employed used in iron o n j^g roads under sentence to work in iron gangs; if so specify Kangs' them ?—I am unable to specify them ; but I believe the basils alone

of some of the chains wreigh six or seven pounds,, and the chains at least as much more. Is it usual to make the basils for the convicts on the roads of a

flat form?—We have, for the last two or three years, made them of a flat form, in order to prevent the convicts from slipping them over their heels. J O S H U A T H O R P ,

Superintendent of Works. Examination of J. Lovell.

Description of -I. Sudds and P. Thompson.

Enclosure F to the Proceedings of the Executive Council.

Minute No. 10 of 1829. E X A M I N A T I O N of James Lovell, Serjeant-Major of the 57th Regiment, before the Executive Council, this 6th day of May, 1829. Do you recollect privates Joseph Sudds and Patrick Thompson of

the 57th regiment?—Yes. Will you describe, to the best of your recollection, their height,

size and form?—Sudds was a man about five feet seven inches or five feet seven inches and a half; he was proportionably made to his


height, rather stout. Thompson was a man about five feet nine 18.,9 inches and a half; in form he was not so stout in proportion to his 28 May. height as Sudds. What was the general state of Sudds's health when in the regi- Health of

ment ?—He was m y servant from the time I arrived in the Colony,, J- sudds. December, 1825, till about six weeks previous to his committing the theft. His general health was good. I believe he was, during that time, once in the hospital for three or four days. On several occasions, I have heard Sudds say that, if ever he should be sent Dislike for from me to his duty in the regiment, that he would never " soldier." n"11**1? I -was obliged, however, at last to report him to m y commanding S(

officer for misconduct; and he was in consequence dismissed from my service. What was the general character of Thompson in the regiment?— Character of

Very indifferent indeed; he was very troublesome on many p- Thompson. occasions. J A M E S LOVELL.

Sjt. Major, 57th Regt. Enclosure G to the Proceedings of the Executive Council.

Minute No. 10 of 1829. E X A M I N A T I O N of Mr. Matthexo John Gibbons, Storekeeper to the Examination of Engineer in the Lumber Yard, Sydney, before the Executive Coun- M- J- G't>bons. cil, this 6th day of May, 1829. What situation did you hold in November, 1826?—I was store

keeper to the engineer in the lumber yard. Were the two sets of irons now exhibited to you made under your Manufacture

orders?—Yes, they were. The first sets were made with four proof irons. jections; but two of these projections were ordered to be removed from each set, and new collars were made with two projections, which are those now exhibited. I heard Captain Dumaresq, the chief engineer, say that the weight of the chains was not so much the object as their peculiar form for the purpose of degrading the soldiers, for w h o m they were intended, in the eyes of their comrades. From whom did you receive orders to make these chains?—From

Captain Dumaresq, who was then civil engineer. Was any particular weight or size directed?—No, none to me. What is their weight?—When they were weighed by me, to the weight of

best of m y recollection they were found to be thirten pounds some irons. ounces each set. Were any other chains of a similar size and appearance made at

any other period by order of government?—Not to m y knowledge of that kind. Do you know the usual weights of chains for convicts employed Weight of irons

on the roads under sentence to work in iron gangs; if so, specify used in iron them?—They run from about six to nine pounds, but the greater sanRS-proportion of them from six to seven pounds.

Is it usual to make the basils for the convicts on the roads of a flat form ?—-Yes, it is; because they can slip the round basils over their heels.

Do you recollect any collar irons being made during your former collar irons for residence in the Colony; if so, state where, and for what purpose?— female convicts. I recollect such having been made by order of Lieutenant Governor Grose about the year 1793 or 1794; they were made for women convicts, who at that time were behaving so ill that it was found the only means of keeping them in order.


What was the construction of these collar?—It was a round bolt of iron formed with a collar for the neck, and rivetted through two projections extending from a foot to eighteen inches from the collar.

What was their weight?—I speak within compass when I say they weighed about fourteen or fifteen pounds each.

M. J. GIBBONS,

Storekeeper. Enclosure H to the Proceedings of the Executive Council.

Minute No. 10 of 1829. Examination of E X A M I N A T I O N of Benjamin Constable, Overseer of Blacksmiths in B. constable. the L u m b e r Yard, Sydney, a Convict per Ship Dick, 1821, before the

Executive Council, this 6th day of May, 1829. W h a t situation did you hold in the lumber yard in November,

1826 ?—Assistant overseer in the blacksmith's gang. Manufacture Did you at any time see the two sets of chains now exhibited to of irons. y o u . state when and where?—I saw them made in the blacksmith's

shop in the lumber yard, to the best of m y recollection, between the 13th and 18th of November, 1826.

From w h o m did you receive orders to make these chains ?—I received no orders, but I was informed that orders were given to the principal overseer of blacksmiths by Captain Dumaresq.

W a s any particular size or weight directed?—To the best of m y knowledge there was not, but that they were directed to be made easy, so as not to distress those for w h o m they were intended. For what purpose were those chains made?—I was not informed

at the time for what purpose -they were intended. Weight of W h a t was their weight?—They were calculated to weigh about lrons- fifteen pounds; but some part of the iron was afterwards taken

away, which made them weigh lighter. Were any other chains of a similar size and appearance made

at any other period by order of government?—I never saw any made with collars and small chains, but on this occasion.

Weight of irons D o you know the usual weights of chains for convicts employed on the roads under sentence to work in iron-gangs; if so, specify them?—There are three distinct sizes in point of weight, namely, six pounds and a half, seven pounds and a half, and nine pounds.

Is it usual to make the basils for the convicts on the roads of a flat form?—It has been the system for upwards of three years.

What is the weight of the heaviest chains you have known to be made in the lumber yard, either for the gaols or roads?—I recollect, about seven years ago, there were some very heavy irons made for the gaol. It is so long ago that I cannot distinctly state. but I think they weighed about sixteen or eighteen pounds. I still occasionally see the same irons brought to the lumber to be repaired, and I have no doubt they weighed from sixteen to eighteen pounds. I recollect, on one occasion, two sets of irons being sent from the gaol to be repaired, which I a m confident weighed twenty-one or twenty-two pounds each. B E N J A M I N C O N S T A B L E .

Enclosure I to the Proceedings of the Executive Council. Minute No. 10 of 1829.

E X A M I N A T I O N of 'Thomas Icely, Esq., Justice of the Peace, before the Executive Council, this 6th day of May, 1829.

Were you present in the barrack-square when irons were put on privates Joseph Sudds and Patrick Thompson, of the 57th regiment,

1829. 28 May.

Collar irons for female convicts.

used in iron gangs.

Heavy irons used in gaol.

Examination of T. Icely.


in November, 1826?—I was in the barrack-yard, but did not witness 1829

the ceremony of putting on the irons. I followed them, however, 28 Mav. half-way through the barrack-yard, when they had the irons on, on " their way to gaol. Examination Would you know the irons if you saw them?—I took particular Noveityof'

notice of them from their novelty; and the impression on my mind irons. at the time was that the collar and the connecting chain were intended more for effect than actual punishment; and this opinion conduct of was confirmed by the conduct of the men, who danced to the tune prisoners at of the Rogues' March, which was then playing, as they moved along, military and held their caps in the air, as if to show their indifference to the Pumshment-degradation to which they had been subjected. Did both men behave in the way you have described?—The im

pression on my mind is that they both did. There is one circumstance, that I think it necessary to mention, that, as soon as Sudds Reception of and Thompson had entered the street from the barrack-square, they £• S£dds and

were surrounded by a numerous body of persons, who were waiting, fn ™eet.PS°n

the most of Whom were convicts, who cheered and shook hands with them and put money into their caps. Have the goodness to look at these irons, and state whether you identification

think they were those worn by the prisoners on the above occasion? of irons. —I have no hesitation in saying they are exactly similar, as the lightness of the collar and of the chains connecting it with the basils particularly struck me. Did either of the prisoners appear to be much oppressed by the Effect of irons

chains?—I did not observe that either was. From the levity mani- on prisoners. tested on the occasion, I should certainly think not.

THOMAS ICELY.

Enclosure J to the Proceedings of the Executive Council. Minute No. 11 of 1829.

EXAMINATION of Mr. James Kinghorne Superintendent of the Agri- Examination of cultural Establishment at Emu Plains, before the Executive Coun- J- Kinghorne. cil, this 7th day of May, 1829. What situation did you hold in December, 1826, at Emu Plains,

and have you held it ever since?—Superintendent of the agricultural establishment, and I have held it ever since. Do you recollect private Thompson, of the 57th regiment, having Transfer of

been sent to a road gang near Emu Plains, in irons of a particular p- Thompson construction?—Yes, I do. to road gang. How long did he wear those irons?—I do not think more than irons worn by

seven days from the time he arrived there. p- Th°mPson. By whose orders were they taken off?—I received a letter from Order for

Captain Dumaresq, the inspector of roads, containing his Excellency removal of the Governor's orders to remove the irons, in consequence of lrons' Thompson's good conduct. What became of the Irons after they were taken off Thompson ?—

They were brought to me, and kept in the government house in which I reside. How long did they remain in your keeping?—I dare say they

may have been in my keeping for twelve months, perhaps longer. Did you show them to anybody; and if so, to whom?—I think Exhibition

I showed them to Mr. Rankin, young Mr. Lawson, Lieutenant of irons. Vachell, Captain Robison, and Lieutenant Christie.


1829. 28 May.

Examination oi J. Kinghorne.

Criticism of weight of irons.

Identification of chains.

Irons tried on by R. Robison.

Weight of irons.

Removal of irons from E m u plains.

Correspondence with A. Macleay.

Orders re men in iron gangs.

Did these, or any other persons request to see them?—Mr. Robert Dalhunty asked to see them before I showed them to these gentlemen, but I refused him. I think all the gentlemen I have mentioned asked permission to see them. Did they make any remarks on the chains ?—I think Mr. Christie

made some remarks. What was the nature of these remarks ?—He said that they must

weigh sixty pounds; but m y brother, who was standing by, said, " no such thing," and, taking them up in his hand, and stretching out his arm, added, " Do you think I could hold out sixty pounds in this way?" Are either of the two sets of irons now produced the same as

those which were in your possession?—Yes; these I know from several marks; I could swear to them. Were these the Chains worn by Thompson?—I believe them to be

so, and they were given to me as such. Were there any other chains of the same description at Emu

Plains, or used in the gang there?—None. Were these chains, which you have now identified, tried on by

Captain Robison ?—Yes. Did he make any remark?—Not that I recollect. If he had made any remark when you were in the room, would

you have heard it?—Yes, I think I should. Did Captain Robison attempt to lie down with the irons on?—

Yes, I saw him lie down at full length on the floor. Did he turn from his back or face to his side while lying on the

floor with the irons on him ?—I a m almost certain he did. Did you ascertain the precise weight of these chains?—I did not

ascertain -their precise weight, but I judged it to be from twelve to fourteen pounds. When, and by whose order were they removed from your keeping,

and to what place?—I do not exactly recollect the time. Plumley, the overseer of the No. 1 iron gang, in which Thompson worked, came to me and said that Captain Dumaresq had ordered him to get the irons. I told him if he wanted them immediately, he might go up to the house, and m y brother would deliver them to him, which I ascertained afterwards he did. Are you sure that they were not taken away by Captain

Dumaresq in his gig?—Captain Dumaresq had no gig with him; he was on horseback; and, as I have already stated, they were taken away by Plumley, and not by Captain Dumaresq. What communications have been made to you respecting those

chains since you showed them to Mr. Christie and Captain Robison? — I have had no communication with any person respecting them, except from the Colonial Secretary. What was the nature of that communication?—A letter request

ing me to state to whom I had shown the irons. It is dated the 24th of January, 1829. Through what department are orders usually given by the Gov

ernor or Colonial Secretary for discharging men from iron gangs, or mitigating their sentences?—Through the department of the inspector or surveyor of roads and bridges.

JAMES KINGHORNE.


Enclosure K to the Proceedings of the Executive Council. 1829.

Minute No. 11 of 1829. 2S May' E X A M I N A T I O N of George Plumley, Overseer of No. 1 Iron Gang, Examination holding a ticket of leave, 'before the Executive Council, this 7th day o£ G- plumley. of May, 1829'.

What situation did you hold in December, 1826, near E m u Plains, and have you held it ever since?—An overseer of No. 1 iron gang on Lapstone Hill, near E m u Plains, and I have held it ever since. Do you recollect private Thompson, of the 57th regiment, having Transfer of

been sent to your gang in irons of a particular construction?—I P- Thompson recollect it perfectly well. t0 iron !>ang-H o w long did he wear those irons?—To the best of m y knowledge

three weeks, and during that period he was for a time in Penrith

By whose orders were they taken off?—By order of his Excel- Removal of lency the Governor, communicated to m e by Mr. James Kinghorne, £°"s from

Thompson being then in gaol at Penrith. I then went to Mr. lnomPson-M'Henry for the purpose of getting the prisoner out of gaol to take his irons off. What became of the irons after they were taken off Thompson?—

They were delivered -up by m e to Mr. James Kinghorne, superintendent of E m u Plains. Are either of the two sets now produced the irons worn by identification

Thompson?—Yes, they are. I know them from a chisel mark which of irons-I made upon them when taking the rivets off. Did you ever ascertain their weight?—I did not. I considered Weisht of irons

them to weigh from nine to ten pounds. pS Thompson. What are the weights of the irons worn by the convicts in your irons used in

gang?—I have only the irons, which come out in prison ships from iron gang. England, weighing from three and a half to four pounds.

Did you ever have Thompson's irons again in your possession, Removal of and on what occasion?—Yes, by order of Captain Dumaresq, to for- p°"r

samatta.

ward them to the road department store at Parramatta. H o w were they conveyed to Parramatta, and by whom?—In a

cart by one of m y assistant overseers, who took about nineteen other pairs of irons at the same time.

Are you sure that they were not removed by Captain Dumaresq in a sack in his gig?—I am positive that they were not so removed. Captain Dumaresq had no gig with him; he was on horse-back. Did you ever see any other chains at your gang or near E m u

Plains of a similar description?—No, I did not. I never saw any such in m y life before. Did it appear to you that Thompson suffered any more than in- Effect of

convenience from these chains?—No, he did not appear to suffer pThompson. pain from them.

W h y was he sent to Penrith gaol?—Because he refused to work. Refusal to What reason did he assign for refusing to work?—He said that, ™ * I D , r o n

as long as he had that ring round his neck, he would not work for Jesus Christ. I, in consequence, sent him by m y assistant overseer to be delivered over to the keeper of the lock-up-house, to be brought before the bench for refusing to work, he being then apparently in perfect health. G E O R G E P L U M L E Y .


1829. 28 May.

Examination of J. Mitchell.

Admission of J. Sudds to general hospital.

Cause of illness.

Death of J. Sudds.

Report made to J. Bowman.

Post-mortem examination on bodv of J. Sudds.

Cause of death.

No necessity for inquest.

Enclosure L to the Proceedings of the Executive Council.

Minute No. 11 of 1829. E X A M I N A T I O N of James Mitchell, Esq., Surgeon of the General Hospital, Sydney, before the Executive Council, this 7th day of May, 1829. On what day did you first know of the indisposition of Private

Joseph Sudds of the 57th regiment?—On the evening of the 26th November, 1826, when he was received into the general hospital from the gaol. Did you see Sudds, previously to his removal to the general hos

pital from the gaol?—I did not. By whose order was he removed to the general hospital?—I con

clude that it was done in the usual manner, at the representation of the attending surgeon of the gaol to the sheriff, of the necessity of the removal of that individual to the general hospital for medical treatment and comforts, which he could not obtain so beneficially in the gaol. Did you attend him when in the hospital; and what, in your

opinion, was the nature of his complaint?—I did not attend him. He was admitted in a state of delirium; and, from the representation of Mr. MTntyre, who attended him in the gaol, I conceived that the delirium was the consequence of weakness from his having refused nourishment for several days previous to his admission. When did Sudds die?—He died on the forenoon of the 27th No

vember, 1826. Did you communicate his death to the Governor or to the Colonial

Secretary; and, if so, when?—I did not communicate his death to either, but I made the circumstance known to Dr. Bowman, the inspector of colonial hospitals. Are you aware of any communication having been made to the

Governor, or to the Colonial Secretary, of the state of Sudds's health previous to his death?—I am not. Did you examine the body of Sudds after death?—I attended at

the examination, and assisted Mr. M'lntyre in opening the body. What appearance did you observe in the body to indicate the

proximate cause of death?—The body appeared in general healthy, and no particular organ was so materially affected as might justly be called the proximate cause of death. The liver seemed to indicate that he had lived freely, but it was more functional derangement than organic disease. Have you been able to form an opinion as to the actual cause

of Sudds's death ?—From the history given by Mr. MTntyre, which is partly recited in another answer, I am of opinion that he died from inanition in conjunction with all the distressing passions connected with his unfortunate situation. Mr. MTntyre had stated to me that, while in gaol, Sudds had a dropsical affection and bowel complaint, from which he recovered; and that he was inclined to think that the affection of the bowels was the principal cause of his decease. Did you think it necessary to call a coroner's inquest?—I did not. W h y not?—Because it is not customary in such cases. Are you aware of any order or intimation being issued, directly

or indirectly, from the Governor, Colonial Secretary or any department of government, not to hold an inquest?—No, I am not. Have you seen the irons which were put on Sudds?—I have not.


Will you now examine them, and state your opinion whether 1829. those irons, which were put on private Sudds, and which he had 28 May. on for about twenty-eight hours, could have occasioned his death?— Examination I have examined them, and am of opinion that the wearing of the ofj. ntcneii. irons now produced for twenty-eight hours was not the cause of Death not Aue Sudds's death. to irons. Did you examine Sudds's throat after death?—I did not; I was

called away; but I do not believe that the windpipe or bronchia were diseased. In your opinion, would the wearing of those irons for twenty- Effect of

eight hours seriously injure the health of a man otherwise free wearins irons. from disease?—I do not conceive that the wearing of those irons for the period above specified would seriously injure the health of a man otherwise free from disease. J. MITCHELL. Enclosure M to the Proceedings of the Executive Council.

Minute No. 12 of 1829. E X A M I N A T I O N of William Henry Moore, Esquire, before the Execu- Examination of tive Council, this 8th day of May, 1S29. ^ • H-iloore-Did you at any time make any communication, by order of the intervUw

Governor, to Mr. Wentworth, respecting the death of private Sudds, -gnô,.^ of the 57th regiment; if so, please to state what that communication was?—I did have a communication with Mr. Wentworth by desire of the Governor, and on two occasions; immediately afterwards. I stated to the Governor fully the whole particulars of the conversation that passed. It is so long ago now that 1 cannot trust my memory. Did the Governor tell you to ask Mr. Wentworth, for God's sake

to exert his (Mr. Wentworth's) influence with the editor of the Australian to put a stop, if possible, to the observations it continued to make in the case of Sudds and Thompson, and that the Governor solicited his (Mr. Wentworth's) advice, and would follow any such advice, if given?—I cannot speak as to expressions. M y impression is that the Governor did ask me to request Mr. Went- Request worth to use his influence with the editor of the Australian news- ^ " ^ " c * paper to put a stop to observations, that were appearing in that Wentworth. paper respecting the death of Sudds, and that I did so. Mr. Wentworth stated, in answer, that he had nothing to do with the Australian newspaper himself, nor had he any influence over the editor; Mr. Wentworth further stated that, as long as the Sydney Gazette continued to make allusions to that subject, it was to be expected that the other Journals would also make comments on it. I certainly do not recollect that the Governor ever requested me in any way to ask Mr. Wentworth's advice on the subject, or that he stated he would follow the advice that Mr. Wentworth would give. Did the Governor desire you to urge Mr. Wentworth to prosecute

his intended impeachment?—The Governor, I believe, had received an intimation from Mr. Wentworth, that he intended to forward to England an impeachment against him with respect to this matter; Request to and the Governor requested me to urge Mr. Wentworth to expedite f^chment the forwarding it by a vessel, which was then about to sail, and also to forward to the Governor the copy which Mr. Wentworth had pledged himself to give to him. What situation did you hold at that time?—I was acting At

torney General. w- H- MooBE-


1829. 28 May.

Letter from W. H. Moore.

Evidence given before council.

Desire of R. Darling to submit facts to legal authorities.

Enclosure N to the Proceedings of the Executive Council.

Minute No. 12 of 1829. C O P Y of a Letter from William Henry Moore, Esquire, to the Honourable Alexander M'Leay, Esquire, dated George-Street, Sydney, Sth May, 1829.

Sir, I was called upon to attend the Executive Council this morn

ing so unexpectedly, and the subject of m y examination came so much by surprise upon me, that I had not time to call to memory the transactions to which I was required to speak. I believe my answers were as full as m y memory will at this time serve me, excepting one in particular, on which it now appears to m e some emphasis was laid, namely, respecting m y being requested or desired by the Governor to ask Mr. Wentworth his advice as to how he ought to act in the matter of Sudds and Thompson's case, etc. In m y conversation with the Governor previously to m y waiting

on Mr. Wentworth on the occasion alluded to, he desired m e to tell Mr. Wentworth that he was willing or anxious to submit the whole facts of Sudds's and Thompson's case to the law authorities here, to judge whether he had acted illegally or with improper severity considering the circumstances of the case; and that, if he, Mr. Wentworth, would advise or point out any method of so bringing it before the cognizance of the court here, he (the Governor) would follow the method he would point out for that purpose. I told the Governor that no proceeding of the kind could take place in the colony. I think he replied that I might as well tell Mr. Wentworth so, and that he, the Governor, would concur with him in any measure for that purpose. At any rate, I did repeat that part of the Governor's conversation to Mr. Wentworth, and he was of m y opinion that no such line of proceeding could be adopted.

I have, &c, W. H. MOORE.

Examination of H. Steel.

Petitions from convicts to labour in iron gangs.

Enclosure 0 to the Proceedings of the Executive Council.

Minute No. 12 of 1829.' E X A M I N A T I O N of Mr, Henry Steel, Governor of the Gaol of Sydney, before the Executive Council, this Sth day of May. 1829. What situation did you hold in November and December, 1826?—

Governor of His Majesty's gaol in Sydney. Is it known to you'that any prisoners, under sentence of trans

portation to penal settlements, have frequently petitioned government to have their sentences commuted to service on the roads in irons?—I have frequently known prisoners make applications for commutation of sentence, which have been acceded to by their being sent to iron gangs for a specific period to work on the roads. Have the prisoners in such cases considered such commutation a

mitigation of sentence?—I recollect but one instance to the contrary, that of private Patrick Thompson, of the 57th regiment. Have you not delivered to the Colonial Secretary petitions from

prisoners, Who have been sentenced to penal settlements, expressly praying to have their sentences commuted to work on the roads in irons?—I may have done so, but I cannot call to m y memory any particular instances, the applications were so numerous.


Do you know whether the irons, -Which had originally been put 182g

on private Sudds, of the 57th regiment, were afterwards put on 28 May. private Thompson of the same corps?—I believe they were when :—; Thompson broke the chain of irons. of3Hnsteei°n

By whose orders was this done?—If it was done at all, it must irongWOrnby

have been done by the orders of Mr. Willson, the under gaoler. I p. Thompson. was attending at the Supreme Court at the time. Do you know if the illness of Sudds, while in gaol, was ever re- No report made

ported to the Governor or to the Colonial Secretary?—It was not, on illness of it not being usual in such cases to do so. H E N R Y STEEL. Sudds. Enclosure P to the Proceedings of the Executive Council.

Minute No. 12 of 1829. E X A M I N A T I O N of Captain Robert Robison, of the N e w South Wales Examination Royal Veteran Company, before the Executive Council, this 8th of R- R°bison-day of May, 1829. When you were at E m u Plains on your return from Bathurst, inspection of

was a set of irons shown to you as being the set which had been on *rons at. private Thompson of the 57th regiment?—They were. m u plains' W h o was present when those irons were shown to you?—To the

best of my recollection the superintendent in charge, Mr. Kinghorne, Lieutenant Christie of the Buffs, and I will not be positive, but I think also a person of the name of Beauvais, and I think one of Mr. Kinghorne's brothers, as it is now two years this month since the circumstance took place, will account for m y not being exactly positive as to the two latter. Was any more than one set of irons shown to you at that time?—

What was called the irons that had been placed on private Patrick Thompson, of the 57th regiment, consisted of an iron collar with two projecting spikes, and communicating from the collar by Chains to the legs, and also two heavy chains extending from one leg to the other. • Was there more than the set you have now described?—To the

best of m y recollection not. Could you identify those irons, if you now saw them?—I could identification

not positively take upon myself to swear as to the identical chains; of "ons-but I think I could positively say, if I saw them, whether they were the set I tried on in company with Lieutenant Christie of the Buffs. Look at the two sets now before you, and say which of them

is the set which was shown to you at E m u Plains?—I cannot take upon myself to say exactly which of those two, that are now produced, was the set that I had on at E m u Plains. They both appear to be similar to those I had on as regards the neck and the Chains communicating below, but that I feel confident, as far as m y recollection serves, there was an infinitely greater weight of chains on the legs than is appended to those here. Will vou have the goodness to state your height?—About five feet Height of

eleven inches. E- Roblson-Do you recollect whether any person who was present on the occa- PP1"1?!1 re

sion, when you tried on the chains at E m u Plains, held the whole hXironson in his hand with a stretched out arm?—I have not the slightest re- one aim. collection, and I think it morally impossible that he could have held the whole of them out with one arm. What is your idea of the weight of the chains you tried on at

Emu Plains, and those vou now see?—Those I saw at E m u Plains


1829. 28 May.

Examination of R. Robison. Estimated weight of irons.

I thought or guessed to be about thirty or forty pounds, but they might have been less; but m y impression at the time I tried them on was that it was more. It was candle light when I tried them on, and, as I now see those presented to m e by daylight, it is possible I might have been wrong in guessing their exact weight. I consider the weight of those now exhibited to me, at a hazard, eighteen or twenty pounds. R. ROBISON,

Captain, N.S.W. Rl. Vetn. Coy.

Examination of T. Shadforth.

Health and conduct of J. Sudds at military punishment.

Absence of medical report re health of J. Sudds.

Character of J. Sudds ;

and of P. Thompson.

Enclosure Q to the Proceedings of the Executive Council. Minute No. 13 of 1829.

E X A M I N A T I O N of Lieutenant-Colonel Thomas Shadforth, of the 57th Regiment, before the Executive Council, this 9th day of May, 1829. WTill you have the goodness to state, if you were present when

the irons were put on private Joseph Sudds and Patrick Thompson, of your corps/ in November, 1826 ?—I was. I commanded the regiment at the time. In what state did Sudds appear to you to be at that time; and

did you observe any levity of manner after his irons were put on?— Sudds appeared to me to be in a sickly state, but I attributed it to his having been a hard drinker, and being deprived of the stimulus he had been used to and to the excessive heat of the day. I did not observe any levity of manner in either of them, after the irons were put on; previously, I did. When the convict clothing was laid down before them (which it was intended they should wear after being stripped of their military clothing), Thompson, taking up a part of the dress, exclaimed, " Dam'd handsome trowsers these," or words to that effect. Sudds, who heard this, turned round and laughed. Did Sudds sit down either before or after the irons were put on

when on the parade, and in presence of the troops which were under arms to witness the ceremony?—I really cannot positively state, but I think he did sit down to have his convict shoes put on, which he seemed to effect with difficulty, his feet being swollen. H o w near were yon to Sudds at the time?—I should think, to the

best of m y recollection, from five-and-twenty to thirty yards. W a s any representation made to you by the surgeon of the regi

ment, or any other medical officer, respecting the state of Sudds's health at that time?—No. Was there any medical officer of the garrison present during the

ceremony?—Not that I am aware of. If there had been, he would have reported to Colonel Stewart and not to me, if any medical report had been necessary. Do you know whether any report was made of the state of

Sudds's health to the Governor, or to any department of government, previously to his being taken from the gaol to the parade to have the chains put on him, or afterwards, prior to his death?—I do not. What was the general character of Sudds?—His conduct, as a

soldier, I considered bad. He was a drunkard, and in one instance I knew him to have been dishonest, independently of the act of which he was convicted. What was the general character of Thompson?—He was not a

bad mail, but being silly was easily imposed upon, and consequently became troublesome. In,the present instance he was, in m y opinion, the dupe of Sudds, who was a deep designing man.

T. S H A D F O R T H , Lt. Colonel.


Enclosure R to the Proceedings of the Executive Council. 1829

Minute No. 13 of 1829. 28 Ua>-F U R T H E R Examination of William Dumaresq, Esq., late Civil Examination of Engineer, before the Executive Council,- this 9th day of May, 1829. w- Dumaresq. With reference to your examination of the 6th instant, will you

state by whose orders the chains were taken off private Thompson, when working in the No. 1 iron gang?—In December, 1826, I wrote order for to Mr. Kinghorne, by order of the Governor, to desire that all the removal of extra irons worn by Thompson should be struck off, and those only ?Pecial

usually worn by convicts in iron gangs kept on, in consequence of p ThorrTson the reported good conduct of Thompson. H o w long was this after he was sent to the gang?—I think about

three weeks. Is it the regular channel for the inspector or surveyor of roads Routine for

and bridges to receive similar orders for the mitigation of sen- orders re tences?—Certainly, I consider it so, of convicts emploved on the conviots in iron

roads. ffangs' Did you take the irons away from E m u Plains in your gig?— Removal

Certainly not. of irons to By whose orders, and by what conveyance were they carried from panamatta.

Emu Plains to Parramatta?—I gave directions to overseer Plumley to send them down to the store at Parramatta, together with such other extra irons as he had then by him, and they were received by serjeant Mason, who is the storekeeper, the following day. On their arrival at Parramatta, I gave directions to the storekeeper to send them up to government house there, where they have been ever since, until a few days ago. Have you ever, at any period, conveyed these chains in your gig?

—Never. W . D U M A R E S Q . Enclosure S to the Proceedings of the Executive Council.

Minute No. 16 of 1829. E X A M I N A T I O N of Mr. Charles Nye, Clerk in the Colonial Secretary's Examination Office, before the Executive Council, this 14th day of May, 1829. of c- -'e-What situation did you hold in November, 1826?—That of clerk

in the office of the Colonial Secretary. Do you register all letters and communications made to the Colo

nial Secretary?—I do those of a public nature. Have you any record of any communication made to the Colonial No report

Secretary in November, 1826, on the state of the health of the late received re Joseph Sudds, a private in the 57th regiment?—On searching the jeaSuddV. register I do not find I have, nor have I any knowledge of any such communication having been made. If such had been made I must have known it. CHARLES NYE.

Enclosure T to the Proceedings of the Executive Council. Minute No. 16 of 1829.

E X A M I N A T I O N of Mr. Alexander Kinghorne, junior, Millwright, be- Examimt/ion of fore the Executive Council, this 14th day of May, 1829. ^£rS ' Do you recollect Captain Robison and Lieutenant Christie being 1 'ction

at E m u Plains, and examining the chains which had been worn by 0f irons by Patrick Thompson of the 57th regiment, and about what time?— R. Robison. I recollect perfectly that both Captain Robison and Lieutenant


1829. Christie were there about the month of May, 1827, and they both 2S May. examined the chains.

Examination of D° you recollect Captain Robison and Lieutenant Christie mak-A. Kinghorne, ing any remarks on those chains?—Yes; I recollect Mr. Christie

saying they would weigh about sixty pounds. I took the irons up in my hand, and stretching out my arm said, " it was impossible I could hold out sixty pounds in that way." Captain Robison and Mr. Christie said it was all habit. I might perhaps hold out a hundred weight. What is your opinion as to their weight?—I think they weighed

somewhere between fourteen and fifteen pounds. Did Captain Robison try them on?—Yes, he did. Did he lie down and turn himself on the floor with them on?—

Yes, he did.

junior. Remarks on weight of irons

Irons tried on by R. Robison

Identification of irons.

Are either of the sets now produced the same as those you held out in your hand, and which Captain Robison tried on?—Yes, I know it was this set from a nail in one of the basils. At the time you saw them on Captain Robison, did you observe

any more iron about the legs than you see at present?—No; if there had been, I should have observed it. Did you then, or do you now, hold any situation under govern

ment?—No. ALEXANDER KINGHORNE.

Examination of E. Lockyer.

Characters of J. Sudds and P. Thompson.

Self-inflicted wounds to obtain military discharge.

Irons used in iron gangs.

Enclosure V to the Proceedings of the Executive Council.

Minute No. 18 of 1829. EXAMINATION of Edmund Lockyer, Esquire, Surveyor of Roads and Bridges, before the Executive Council, this 18th day of May, 1829. Were you major of the 57th regiment until very recently?—I was

so until November, 1827. What were the characters of privates Joseph Sudds and Patrick

Thompson of that corps?—I knew their characters to be indifferent. Had there been any instances of soldiers maiming themselves

before the regiment came to New South Wales, or committing offences for the purpose of getting rid of the service?—Yes; there was one man at Portsmouth, whose name I do not immediately recollect, embarked in the Asia as a part of the guard over the convicts on board that ship, and was reported to me by the officer commanding the detachment as having shot himself through the arm, suspected to be for the purpose of obtaining his discharge. On the arrival of the same detachment at Sydney, another man shot himself in the arm, and the wound was so bad it was necessary to amputate the arm. This was also supposed to be for a like purpose. In conse-nuence of these two occurrences, I reported them to Sir Thomas Brisbane, as I thought it necessary that some measures should be taken to put a stop to such practices, more especially as there seemed to be a bad feeling among some of the old soldiers of the regiment at the time. What situation do you now hold?—I am surveyor of roads and

bridges. Do you know whether irons, with basils of a flat form be now

used in the iron road gangs?—Yes, partially at present. It is intended to alter the whole of them from the facility the convicts find. in slipping the round basils over their heels.


Can you explain why no flat basils are used in Plumley's iron 1S9Q gang No. 1?—Plumley being distant from a forge was unable to 28 May. have the basils for his convicts altered. E. LOCKYER.

Sworn before me at Sydney, this 18th day of May. 1829. F. Rossi, J.P., and PI. Superintd. of Police.

True Copies:—E. DEAS T H O M S O N , Clerk of the Council.

[Enclosure No. 3.]

[This was an extract from the issue of the "Australian" news- Report in paper, dated 25th November, 1826; see page 722, volume XII.] Australian

newspaper.

[Enclosure No. 4.]

LIST of Men of the 3rd and 57th Regiments, who are sentenced to Return of cases Transportation, or maimed themselves with a view to obtaining of crime or self-their Discharge from the Service. nTai

iming-t<> ° obtain military

3rd Regt. (or Buffs). discharge.

Private Yems Desertion from his Post when on Sentry and attempting to escape with Convicts.

,, Colthorpe . Stealing in a Dwelling House. Hannan .. Maiming himself. Crawford . do —Cut off a Thumb. Bushnell. .. do —Shot off an arm.

57th Regiment. Private Wright ... Larceny.

Hogan .... do Kearney .. do Sudds do Thompson . do Jones Maiming himself—Shot off an Arm. Dougherty. do do

[Enclosure No. 5.]

MR. W. C. WENTWORTH TO GOVERNOR DARLING. Sir, George Street, 14th May, 1829.

It is with extreme surprise, not unmingled with feelings of Protest indignation, that I have learnt from common report, as well as fe~ -a

th

through other channels, that the Executive Council has been con- againrtTnquiry vened by you to enquire into and report upon the statements cOn- by council. tamed in my letter of the 1st of March last on the case of Sudds and Thompson, addressed through you to the Right Honorable the Secretary of State for the Colonies. I thought that in that letter I had advanced arguments sufficiently urgent to have prevented this indecent repetition of such a farce as is now in progress. I perceive I was mistaken; and I consider it only an act of duty to myself to protest against this solemn mockery of an enquiry on the Reasons for following grounds :— protest. 1st. Because the Executive Council is not competent to administer inability to

an oath and does not, therefore, possess the attribute, which the m s t e r

law holds to be indispensable to the elucidation of truth; and because it has not jurisdiction over the matters which I have laid to Want of

, jurisdiction.

your charge.

SER. I VOL. XIV—3 L

898 HISTORICAL RECORDS OF AUSTRALIA,

1829. 28 May.

Objections to members of council.

Absence of F. Forbes.

Ex parte proceedings.

Influence of governor on witnesses.

Non-preparation of witnesses.

Request for transmission of protest to England.

2nd. Because one of the members of this illegal and unconstitutional conclave, Mr. McLeay, is involved with you as accessary; because another of them Mr. Scott is notoriously your shadow; and because the third and last of them Colonel Lindsay is your private friend ; and, if he were ever disposed to act impartially, he would be outvoted by your creatures in the Council; and, besides, he possesses neither ability nor knowledge of the subject sufficient to enable him to direct a proper course of examination to the witnesses. 3rd. Because the Chief Justice is not present at the sittings of

the Council and the very moment of his temporary absence from town during the vacation seems to have been seized upon* by you as the fittest for smuggling the report which is the manifest object of this enquiry. 4th. Because it is purely an exparte proceeding in which you are

represented by the whole Council, who are in fact -but your nominees; whilst I who ought to be equally a party to it a m not invited or indeed suffered to be present either in person or by my proxy. 5th. Because it is absurd to expect, under the reign of terror

which you have established, that any person in place or out of place, unless under the solemn obligation of an oath which would entail on perjury its penal consequences, would willingly expose himself to that organized System of persecution, which every one here knows would be sure to follow upon the heels of any statement of facts, which did not prove exactly palatable to you. 6. Because it has come to m y knowledge that some of the most

unexceptionable of the witnesses, who have been examined, have been suddenly called upon without any intimation whatever of the objects, for which they were summoned, and consequently without any opportunity of refreshing their memories after an interval of more than two years as to the facts upon which their testimony was required. I have to request that this m y protest may be forwarded by you

to the Right Honorable the Secretary of State for the Colonies together with the proceedings and Report of the Executive Council, in order that His Majesty's Ministers may be apprized of the nature of the source from which these vindicatory documents have sprung, and may be thereby enabled to form a just estimate of the character as well of the author of this farce as of the two prominent actors in it, Mr. McLeay and his coadjutor Archdeacon Scott.

I have, &c,

W. C. WENTWORTH.

[Enclosure No. 6.]

CHIEF JUSTICE FORBES TO -GOVERNOR DARLING. Sir, Sydney, 27th April, 1829.

Letter Referring to the communication, which your Excellency made acknowledged, to me yesterday, that His Majesty had been pleased to relieve me

from holding a place in the new Executive Council, and to the offer which Your Excellency considerately made, of suspending the publication of the Warrant appointing the new Council, to afford m e an opportunity of attending the investigation of the Charge preferred against the Report of the late Council in the case of the two Soldiers, I beg leave to inform your Excellency that, after consulting with m y Brother Judges, we agree in thinking that * Note 249.


it will be more in accordance with what we apprehend to be the 1829. views of His Majesty's Government in separating the Executive and 28 May. Judicial Departments, if I, as the Chief Justice, should take no fur- „ ~rr ther part whatever in the proceedings of the Executive Council; and pa

ertidpate in

the more especially in the particular case alluded to, as my con- inquiry by duct has been already arraigned with regard to what passed in council. Council, as being contrary to my Office.

I have, &c, FRANCIS FORBES.

[Enclosure No. 7.] [This was a copy of the memoranda by chief justice Forbes, irhirh Memoranda

will be found on pages 763 and 76A, volume XII.] oncaseof J. Sudds and P. Thompson.

UNDER SECRETARY TWISS TO GOVERNOR DARLING.

(A circular despatch per ship Guilford; acknowledged by Governor Darling, 12th February, 1830.)

Sir, Downing Street, 31 May, 1829. 31 May. I am directed by Secretary Sir George Murray to transmit Transmission

to you herewith a printed paper, containing certain questions, royaUonege111

which have been proposed by the Eoyal College of Physicians; of physicians. and I am to request that you will transmit to Sir George Murray detailed information upon the several points, therein enumerated, as far as they have reference to the Colony under your Government. I have, &c,

H O R A C E TWISS.

[Enclosure.] QUESTIONS PROPosEn BY T H E ROYAL COLLEGE OF PHYSICIANS, LONDON. Questions

1. What is the population of the place? ^pv^f™ 2. What proportion do the annual deaths bear to the population? sclentltlcaata-3. Are there any remarkable instances of longevity among the in

habitants? 4. What are the features, complexion, colour of the hair, and aver

age stature of the natives ? 5. What is the medium height of the thermometer in the summer

and winter months? €. From what quarter do winds Chiefly prevail, and during what

months ? 7. What is the nature of the soil? 8. Are there any mineral springs there? If so, are they saline,

chalybeate, sulphureous, or of what nature? 9. What are the medicinal substances of the country, and how are

they prepared? 10. What diseases prevail there? 11. In what season of the year does illness most prevail, and what

are the diseases incidental to the seasons? 12. What remedies do the natives employ in the diseases to which

they are subject? 13. What is the education of those who practise medicine? 14. Have the natives any writings or traditions on medical subjects? 15. What is the diet of the natives? 16. Do they practise vaccination? If so, whence do they obtain the

lymph ?


1829. GOVERNOR DARLING TO SIR GEORGE MURRAY. 31May- (Despatch No. 68, per ship Vesper.)

Sir, Government House, 31st May, 1829. Transmission I have the honor, in obedience to the directions contained F. Forbe^7 in your Despatch of the 30th of September last, No. 34, to trans

mit herewith the Chief Justice's Report of the evidence taken at the trial of James Kelly for Murder on the 25th of February, 1828. I have, &c,

RA. DARLING.

of J. Kelly.

[Enclosure.]

Report on trial REPORT ON TRIAL OF JAMES KELLY.

In the Supreme Court.—25th February, 1828. „, „. TH I S was an Information, exhibited by the Attorney xneivmg ^ General against James Kelly, late of Parramatta, against > Laborer, for the wilful murder of John Fuller, at

James iveuy. j p a r r a m a t t a ; o n the sixttl d a y of February instant. The Information set out the manner of committing the murder to be by discharging a loaded gun, and wounding the deceased in the right side, of Which wounds he died on the following day. To this Information, the Prisoner pleaded, Not Guilty, and was

immediately put upon his trial; but, before proceeding therewith, the Prisoner stated to the Chief Justice that his witnesses were not in attendance, and moved that his trial should be postponed; but, it appearing that he had been regularly notified of his trial, and his subpoenas had issued, and his witnesses had been summoned, the Court said it could not allow the trial to go over upon such a Statement, whereupon, The Attorney General stated the case and called as witnesses: JOSEPH HANDLE, sworn:—I am 13 years of age. I live in the

district of Parramatta. I know the prisoner at the Bar; his name is James Kelly; on the 6th of February, James Kelly came to James Grady's house at Douro, 15 miles from Parramatta, and said he had been robbed, and asked for the loan of a gun ; Grady gave it to him, and I went with the Prisoner 8 miles round the rocks, searching for Bushrangers. At last we came to a rock, where we saw a man, coming out upon his knees and hands; he said "for God's sake don't shoot me, and I'll give myself up." Before the words were out of his mouth, the Prisoner at the Bar shot him; the gun had been already loaded. Prisoner shot the man on one side, and he fell down, and I and the Prisoner ran off to Thomas Best's farm. Under the same rock, I saw a Basin and a tin pot, which the Prisoner stated he had lost. Cross-Examined:—I tracked the deceased from Prisoner's house

for some distance and we lost it; we afterwards saw a smoke, Which led us to the rock where we saw the deceased, as before described. His name was Fuller.

WILLIAM MOORE.—I am district constable at Castle-hill. On the

6th instant, the Prisoner came to my house, and informed me he had shot a man dead; he described where it had happened, and went into Parramatta to report it. / went to the place described by the Prisoner, and saw the deceased lying upon his back, covered with

DARLING TO M U R R A Y . 901

blood; he said Kelly had shot him. I asked him if he thought his 1829. wound was mortal; he said " no, the villain has not done the trick, si May. and I'll visit him again." I supposed he meant he would rob, or E e D 0 jI— t

do some private injury to the Prisoner. I examined the wounds of J.°kelly.' of the deceased, and carried him to the Hospital. I found several articles of clothing at the cave, but do not know of their being claimed by any one. The hole in the rock, where I found him, was small; it seemed as if he had been sleeping there. Cross Examined:—The deceased was a Prisoner at large; he had

run from an iron Gang, and I had endeavoured to apprehend him. I once before apprehended him near Best's farm, and there were several things upon him, which belonged to the Prisoner, and which the Prisoner had before described to me as having been lost by him, and stolen by the deceased. The Prisoner bears a good character as a quiet man.

J O H N TUNNICLIFFE:—I attend the Hospital at Parramatta. On the 6th of February a person named Fuller was brought to the Hospital; he stated that he had been shot by the Prisoner Kelly, that he had robbed Kelly twice before; and, on his finding him in the rock, he said he would give himself up, but Kelly shot him immediately. He died the following day of his wounds.

J A M E S ANDERSON, Esq.:—I am a Surgeon at Parramatta. I saw the corpse of a man named Fuller; he had been wounded under the right arm; there were two small holes, apparently made by bullets; the body was then in a putrid state; but I have no doubt the wounds in his right side were the cause of his death.

Case for tlve Crown. The Prisoner, on being called upon for his defence, called :

B R Y A N M C M A H O N , sworn:—I know that the deceased was a runaway from an iron-gang, and had committed frequent robberies, which caused him to take the bush. The name of the deceased was •"Thomas Fuller," sometimes called " John Fulton." I know nothing of the transactions at Douro on the 6th day of February.

M I C H A E L O'BRIEN:—I am Settler at Seven-Hills; I know the Prisoner at the Bar; his character is very good, and his conduct always moderate. The Chief Justice, in summing up the case, told the Jury that,

although it appeared in evidence that the Prisoner had been robbed, and had immediately gone in pursuit of the person, who, as he believed, had robbed him, and had found part of the plundered property under circumstances, which hardly left any reasonable ground of doubt that the deceased had been the thief, yet, as the Prisoner had taken on himself the Office of a Constable in his own case, he was bound t.o execute this Office in the same manner and with the same force only, as a constable would be warranted in using; that he had an undoubted right to repossess himself of his own property; but, if he determined to apprehend the robber, he was bound to do so in a peaceable manner if possible; and not on any pretence, whatever, to use more force than was necessary to effect this object, or to protect his own person in case any violence had been offered or menaced; That it did not appear that any resistance whatever had been made by the deceased; but that he had apparently surrendered himself, and appealed to the Prisoner " not to shoot him "; it was for the Jury to say whether the Prisoner


1829. had unnecessarily and maliciously fired at the deceased, or whether 31 May. they could discover any circumstances in the case, which would

Reoortoltrial leai1 t h e m to Delieve tnat ne acted uuder an impression of fear and of J. Kelly. '' shot tlie deceased under a supposed necessity of self defence.

The Jury found the Prisoner Guilty, and the Chief Justice immediately passed sentence of death upon him, and ordered him for execution on the Monday following.

A true copy from the original notes of the trial and Evidence as taken by me.—Witness my hand, this 23rd day of May, 1829. FRANCIS FORBES,

Chief Justice, New South Wales.

COMMENTARY.

COMMENTARY ON

DESPATCHES,

MARCH, 1828—MAY, 1829.

Note 1, pages 1, 2 and 575.

Letters introducing Settlers.—Assignments of Convicts.

The letters, introducing settlers or transmitting assignments of convicts, were a repetition of one another, subject to the necessary alterations in names and figures. The usual type of a letter, covering an assignment of convicts, is exemplified in the despatch from Sir H. E. Bunbury to Governor Macquarie, dated 16th January, 1816 (see page 1, volume IX). Unless any additional matter has been added to the usual form, all these letters have been omitted.


The following despatches. These despatches were covering letters to the .enclosures. Those enclosures,

which are available, will be found in volumes of the series to which they belong. .

Note 3, page 3. Also pages 16, 180, 196, 221, 226, 243, 246, 248, 249, 283, 317, 344, 637,

645, 672, 673, 688, 690, 692, 695, 735 and 742. Lord Francis Leveson Gower to Governor Darling.

Copies of these despatches are preserved in the record office at London, but there is no evidence available of their transmission to the colony.

Note 4, pages 5 and 8.

The new Bill. This was the bill to provide for the government and administration of

justice in the colony after the statute 4 Geo. IV, c. xevi, expired. It was passed on the 25th of July, 1828, as 9 Geo. IV, c. lxxxm.

Note 5, page 5.

Chief Justice Forbes' Letter.

A copy of this letter with the " Remarks " will be found on page 821 et seq.,

volume XIII.

Note 6, page 6.

The Act of 4th Geo. 4th, Ch. 84. The reference was probably to the act 5 Geo. IV c lxxxiv, entitled "An

Act for the Transportation of Offenders from Great Britain.

906 COMMENTARY.


The " Remarks."

These " Remarks " will be found on page 654 et seq., volume XIII.

Note 8, page 9.

Mih Section of the present Act.

The reference was to the following:— " Provided nevertheless that, if it shall appear to the Governor or Acting-

Governor for the Time-being of the said Colony that such proposed Law or Ordinance is essential to the Peace and Safety thereof, and cannot without extreme Injury to the Welfare and good Government of the said Colony be rejected, then and in every such Case, if any one or more Member or Members of the said. Council shall assent to such proposed Law, the said Governor shall enter upon the Minutes of the Council the Grounds and Reasons of such his Opinion, and, in every such Case and until the Pleasure of His Majesty, His Heirs and Successors, shall be made known in the said Colony respecting the same, such Law or Ordinance shall be of full Force and Effect in the said Colony and the Dependencies thereof, any such Dissent as aforesaid of Majority of the Members of the said Council notwithstanding."


The Instructions.

A copy of these instructions will be found on page 483 et seq., volume XII.

Note 10, page 14.

The controversy.—A similar correspondence.

Papers relating to the appointment of the registrar and solicitor-general will be found on pages 802 et seq. and 509 et seq., volume XIII.

Note 11, page 15.

The Arrangements.

Proposals for the establishment of a civil service were detailed in a despatch, dated 30th October, 1827 (see page 568 et seq., volume XIII).

Note 12, page 15.

Difficulty in procuring Surgeons.

John Gold, the surgeon to the settlement at Melville island, was killed by natives on the 2nd of November, 1827, whilst Wood, the surgeon at Fort Wellington, died of fever on the 15th of October preceding. Both settlements in north Australia were thus in a condition of great distress, as sickness was prevalent and there were no surgeons (see pages 823 and 817, volume V, series III).

Note 13, page 18.

Requisitions for the Stores and Supplies.—The Requisitions.

These voluminous papers have been omitted from this and the succeeding volumes in this series.

COMMENTARY. 90T

Note 14, page 23.

Two Volumes.

These volumes were entitled " Proclamations, Acts in Council, Government Orders and Notices, issued by His Excellency Lieut.-Gen. Ralph Darling, Captain-General and Governor-in-Chief of New South Wales." The first was for the period 1825-1826, and the second for the year 1827. Both volumes bore the imprint, " Printed by Robert Howe, Government Printer, Sydney, 1827."

Note 15, page 24.

The House.

In the year 1826, commodore Sir James Brisbane called at Port Jackson in H.M. ship Warspite, when on a voyage from India to assume command of the South American station. On his arrival, Governor Darling rented a house for his and Lady Brisbane's accommodation. On the 19th of December, 1826, about two months after his arrival, Brisbane died and was buried at Sydney (see also despatch, dated 26th February, 1827, page 129, volume XIII).

Note 16, page 33.

The Title of " King's Printer."

A memorial containing the same prayer was submitted to the secretary of state by William Fleming, Robert Howe's agent in England (sec pages 695 and 696, volume XIII).

Note 17, page 35.

Your Brother.—A Gazette.

Robert Howe's brother was George Terry Howe. He and Dr. James Ross were appointed government printers in Tasmania on the 16th of June, lS'2o, by lieut.-governor Arthur. The details of the foundation of the Gazette by lieut.-governor Arthur will

be found on page xv, volume IV, series III.

Note 18, page 40.

Dr. Bland.

A note numbered 2 on the reasons for the transportation of William Bland-to the colony will be found in volume X L He became one of the leading practitioners in Sydney, and, when he received a full pardon, he preferred to remain in the colony rather than to return to England. It is interesting to note that, at the benevolent asylum, Sydney, he performed the third known case of ligaturing the innominate artery for subclavian aneurism. This ease was reported in the issue of the Lancet, dated 20th October, 1832.

Note 19, page 40.

The published report.

This was a small pamphlet of twenty-four pages, printed at the Monitor press by Hill and Co. It contained two pages of resolutions passed at the annual meeting; three pages of rules and regulations of the society; eight pages of the report for the year ending 4th June, 1826; three pages of rules for the asylum; two pages of accounts; and three pages of a hst of donations.

908 COMMENTARY.

Note 20, page 41. Two Sketches.

Copies of these sketches are not available. The locality and details of the various grants are recorded in the following note.

Note 21, page 41. Also pages 42, 589 and 598.

The Land granted. The land granted to F. Forbes on the banks of the Nepean river was

known as Edenglassie. It was situated about two miles above the present bridge at Penrith. It was occupied by Forbes under an order from Governor Darling, dated 3rd April, 1826, which order was confirmed by a grant for one hundred and thirty acres, dated 15th December, 1831.

The land granted to A. Macleay was fifty-four acres, defined by certain boundaries; but, by subsequent survey, its area was found to be fifty-six acres and thirty-seven perches. It was first held under a promise given by Governor Darling before the 4th of October, 1826, which was confirmed by grant dated 19th October, 1831. The land lies on the eastern side of the modern Macleay-street, commencing from near the corner of Elizabeth bay road, and extending to the waters of the harbour from Elizabeth bay on the east to Rushcutters" bay on the west.

The land granted to John Wylde was at the extreme end of Potts po^nt with frontage to the harbour. The grant was for eleven acres and was dated 1st November, 1822, and its southern boundary corresponded practically to the modern boundary of the property known as Grantham.

Between the southern boundary of the grant to Wylde and the modern William-street on the western side of Macleay-street, seven allotments were promised by Governor Darling as follows, commencing at Wylde's grant: — 8 ac. 0 r. 9$ p. to H. G. Douglass; 8 ac. 3 r. 23 p. to John Busby; 9 ac. 3 r. 33 p. to A. B. Spark; 11 ac. 0 r. Si p. to John Stephen; 9 ac. 3 r. 3 p. to A. Baxter; an allotment for W . Balcombe; and 8 ac. 2 r. 2 p. to James Dowling. On the southern side of the modern William-street, 5 ac. 2 r. 8 p. were allotted to J. Laidley. Some of these allotments extended from Macleay-street to the waters of Woolloomooloo bay. Balcombe died before he could receive the deed of grant. The remaining seven allotments were confirmed by deeds of grant, dated 19th October, 1831, which recited that they were in consequence of promises made prior to the 22nd of September, 1828. Note 22, page 42.

That part of Sydney called Hyde Park. The land lying to the east of the modern alignment of Elizabeth-street has

been always open ground. Prior to the year 1810, it was known as "The Common," " Exercising Ground," " Cricket Ground," or the " Racecourse." By a general order, dated 6th October, 1810, Governor Macquarie named the area " Hyde Park," and defined it as bounded on the north by the government domain, on the west by the town of Sydney, on the east by the grant to John Palmer at Woolloomooloo, and on the south by the brickfields. This area includes the modern Hyde, Phillip and Cook parks. On the loth, 17th and 19th of October, 1810, the first organised race meeting was held in the park. The grandstand and winning-post were erected at the eastern end of Market-street; the course proper turned in front of St. James' church until it reached the front of St. Mary's cathedral; from thence, it followed closely the alignment of College-street to the front of Lyons-terrace; it then turned round, trending north to the corner of Park and Elizabeth streets, where the straight commenced and continued to the winning-post at Market-street.

COMMENTARY. 909

Note 23, page 45.

The House erected by Governor Philip.

This house was erected on the site, which now lies at the south-western corner of Bridge and Phillip streets. The foundation stone was laid bv Governor Phillip on the 15th of May, 1788, and an inscribed copper plate was attached. The inscription and the discovery of the plate in the year 1899 are detailed in note 117, volume I.


The Bathing House.

This bathing house is still extant in the gardens of the state government house at Sydney, near the waters of Farm cove.

Note 25, page 48.

The Charter.—The arrangements.

The charter, by which trustees were appointed for the management of the clergy and school estates, was granted on the 9th of March, 1826; the draft, as prepared in England, will be found on page 444 et seq., volume X L In a despatch dated 1st January, 1825, Earl Bathurst gave instructions

(see page 434 et seq., volume XI), for the subdivision of the colony into counties, hundreds and parishes. Commissioners were appointed for this-purpose, who were directed to make an average valuation of the lands in each parish. After the survey and valuation of a county were completed, " one-seventh part in extent and value of all the lands in each County " was ordered to be set apart as the clergy and school estates. Delay in surveys and valuations made it impossible to transfer the lands to the trustees for some time after the charter was granted. In February, 1829, 393,283 acres were assigned to the trustees as a pre

liminary grant (see page 638 et seq.).

Note 26, page 54.

A report.

This report will be found on pages 796 and 797, volume XII.


The three great Roads.—Road parties.

A description of these roads will be found in note 68 in volume XIII. On the western road the Grose farm station was situated on the lands now-

held by the Sydney university; the 5-mile station near the junction of the Liverpool and Parramatta roads; Longbottom at Burwood; the 10-mile station at Homebush; the 14-mile station near the junction of the Dog Trap and Parramatta roads; the Western station at Toongabbe; and the weatherboard hut at Wentworth falls.


These lands.—A Grant. The grant at Cabramatta of twelve thousand three hundred acres was

bounded on the north side by the Prospect common, on the south side by Cabramatta creek, and on the east side by Prospect creek and a farm belonging to-

Cummings. ' The grant of Grose farm is now occupied by the Sydney university.

910 COMMENTARY.

Note 29, page 79.

The Act of Parliament.

This was the statute 35 Geo. Ill, c. liii.

Note 30, page 79.

Major Mitchell.

A note on the previous career of Thomas Livingstone Mitchell will be found numbered 20 in volume XIII.

Note 31, page 100.

An Act.

This was the act of council, 7 Geo. IV, No. 4, entitled " An Act for vesting the Orphan School Estate in the Trustees of the Clergy and School Lands in the Colony of New South Wales, and for duly governing the Children at School and in Apprenticeship."

Note 32, page 103.

His Compulsory removal.

Governor Darling submitted a report on the termination of Saxe Bannister's service as attorney-general in a despatch, dated 27th October, 1826 (see page 660 et seq., volume XII). •

Note 33, page 105.

Captain Robison.

Robert Robison was most persistent in preferring charges against Governor Darling, even after the close of Darling's administration. On the 27th of March, 1833, Dr. Lushington presented a petition to the house of commons from Robison, complaining of ill-treatment by Darling. On the 11th of July, 1833, Lushington moved in the house for the production of the minutes of the court-martial on Robison, but the motion was defeated. On the 17th of July, 1834, Maurice O'Connell moved that the reports by R. Robison on the veteran companies be laid on the table of the house, but, after discussion, the motion was withdrawn. In the following year, Robison's case was mentioned three times in the house of commons, and finally, on the 7th of August, 1835, O'Connell secured the appointment of a select committee. The report of this committee was presented on the 1st of September, 1835, and Darling was fully exonerated on all charges.

Note 34, page 106.

His unfortunate Brother.

The papers, relating to the ease of the brother of R. Robison, are not available.

Note 35, page 112.

The Military Barracks.

These barracks were erected on the western side of the site of the modern Wynyard-square and the parade ground extended to the western side of the modern alignment of George-street. A large building was commenced on the site by major Foveaux in the-year 1808 (see note 192, volume VI). During the administration of Governor Macquarie, extensive additions were erected.

COMMENTARY. 911

Note 36, page 116.

By my Commission.

The reference will be found on page 100, volume XII.

Note 37, page 116.

You have transferred the details of this troublesome Government.

In November, 1827, the -British colonial possessions, for purposes of administration, were divided into two groups, one being placed in the charge of R.' W . Hay, and the other of E. G. Stanley. The colonies of New South Wales and Van Diemen's land (Tasmania) were placed under E. G. Stanley (see pages 621 and 622, volume XIII).

Note 38, page 119.

A Mr. Blaxcell.

The particulars relating to the financial failure and absconding of Garnham Blaxcell were reported by Governor Macquarie in a despatch, dated 3rd June, 1817 (see page 416 et seq. and also note 101, volume IX).

Note 39, page 120.

A criminal Information a-gainst Mr. McArthur.

A dispute arose between George Howell and John Raine over a dam near Parramatta. Raine cut a drain, and Howell attempted to fill it in. John Macarthur supported the cause of Howell. In the dispute between the two men and their adherents, a riot was alleged to have taken place. On the 24th of March, 1828, application was made to the supreme court that a rule nisi should be made absolute for a criminal information against John Macarthur and others for this alleged riot. The application was refused with costs against John Macarthur, which amounted to between £300 and £400.

Note 40, page 129.

Three Steam Engines.

The first steam engine was imported to the colony in the ship Fortune in the year 1813 by John Dickson. As a reward for his enterprise, Dickson received a- grant of three thousand acres, bounded on the west by South creek and on the north by Lowe's creek, and a second grant of fifteen acres three roods and four perches, situated on the west side of George-street to the south of Liverpool-street in the city of Sydney. This second grant extended to the head of Cockle bay or Darling harbour, and on it the first steam engine was erected.

Note 41, page 129.

Tlie produce loos exported.

The total revenue derived by the government from the sale of coal for the year ending 30th September, 1827, was £1,254 2s. Small shipments were made to Tasmania and India.

Note 42, page 133.

A Kind of Trading Establishment.—The New Zealand Company.

In the beginning of the year 1827, Thomas Raine formed an establishment at Hokianga (Shukianga) in the north island of New Zealand; spars and flax were collected for export, and shipbuilding was commenced.

912 COMMENTARY.

The N e w Zealand company was formed in London in the year 1825. The ship Rosanna and the cutter Lambton were equipped for the purpose of exploration and conveying settlers to the islands of N e w Zealand at a cost of £20,000. The command of the expedition and the Rosanna was given to James Herd, who had visited New Zealand in the ship Providence in the year 1822, and Barnett commanded the Lambton. The vessels arrived in the Bay of Islands on the 26th of October, 1826, and from thence proceeded to Hokianga. At this port, some land was purchased from the Maori chiefs at a point now known as Herd's point. Land was also acquired at Manakau, Paroa, and on the borders of the Thames. After a few weeks' experience, Herd and the company's agent decided that the exports would not meet the expectations of the promoters of the company, who included the earl of Durham, colonel Torrens and Stewart Marjoribanks. The vessels accordingly left N e w Zealand on the 30th of January, 1827, and arrived at Sydney on the 11th of February, where the stores and equipment were sold. Note 43, page 145.

Certain charges of torture and cruelty. The " charges " were contained in a despatch from Sir Thomas Brisbane

to Earl Bathurst, dated 28th September, 1825 (see page 852, volume XI).

Note 44, page 146. The report of the Council.

This report will be found on page 854 et seq., volume XI.

Note 45, page 146. A reprimand.

This " reprimand " was contained in a despatch from Earl Bathurst, dated 4th August, 1826 (see pages 466 and 467, volume XII).

Note 46, page 148. Also pages 150, 152, 194, 196, 234, 380 and 417.

The statement. This was an octavo pamphlet of fifty-four pages and a sub-title, printed by

Robert Howe, government printer, Sydney, 1828. It was entitled, " Statement, including a correspondence between the Commissioners of the Court of Enquiry and the Rev. Samuel Marsden, relative to a charge of illegal punishment, preferred against Doctor Douglass, held at Parramatta in July, 1825, by order of Lord Bathurst, together with some observations on the Bill of Indemnity." Note 47, page 149.

True Bills. The report of the grand jury will be found on page 858 et seq., volume X L

Note 48, page 150. A bill of indemnity.

This was the act of council 6 Geo. IV, No. 18, entitled, " A n Ordinance to stay proceedings in certain cases against Justices of the Peace in New South Wales and its Dependencies acting in execution of their office." It was passed on the 11th of October, 1825.

COMMENTARY. 913

Note 49, page 150.

By order of the House of Commons.

This parliamentary paper was entitled:—"Papers relating to the Conduct of Magistrates in New South Wales in directing the Infliction of Punishments upon Prisoners in that Colony."' It was ordered to be printed by the house of commons on the 18th of April, 1826.

Note 50, page 153.

Their land.

A copy of the grant of ten thousand acres in IUawarra to A. Berry and E. Wollstonecraft will be found on pages 792 and 793, volume XII.

Note 51, page 153.

Also page 155.

A Piece of Ground. *

On the 21st of November, 1808, one acre and seven perches were granted to Simeon Lord by Joseph Foveaux. This was one of the first three leases within the limits of the modern city of Sydney, to which a freehold title was given, all lands being previously held on a leasehold tenure. This grant was confirmed by Governor Macquarie. The land was situated on the east bank of the Tank stream to the north of Bridge-street, which street bounded the south-eastern corner of the grant; it extended across the modern alignment of Pitt-street into Macquarie-place. The land promised in exchange for this grant lay near the modern customs

building at Circular quay.

Note 52, page 160.

My Letter.—Mr. Secretary Huskisson.

This despatch was written in ambiguous terms. It was signed by the right hon. W . Huskisson, and was one of the numbered series; but the phrase " I am directed by Mr. Secretary Huskisson " was used. The reference to " my letter " was to a despatch, numbered 96 and signed by Earl Bathurst (see page 706, volume XII).

Note 53, page 162.

One of the Public School Houses.

Services according to the doctrine of the Roman Catholic church were held in the old Georgian school in Castlereagh and Elizabeth streets between King and Market streets. The building is still in existence and until recently was occupied as a girls' high school.

Note 54, page 164. Hyde Park Barracks.

This building is still (1922) standing on the eastern side of Queen's-square, and is used principally in the administration of justice.

. Note 55, page 178.

The present limits of the Colony.

These " limits " were defined in a government order dated 5th September, 1826, as follows:—"The Northern Boundary to be from Cape Hawke in a

SER. I. VOL. XIV—3 M

914 COMMENTARY.

Line due West to Wellington Valley. The Western Boundary to be the River Macquarie from Wellington Valley to the 33d Parallel of Latitude; from thence, the Line to be extended to the 148 Degree of East Longitude, and from that Point directly South until it reaches the River Laehlan; thence due East to Campbell's River, pursuing the Line of that River to the Southward, and so on to the Latitude of Bateman Bay, which forms the Southern Boundary." Included within these boundaries, the following modern counties are

situated:—Cumberland, Camden, Argyle, Westmoreland, Cook, Bathurst, Roxburgh, Wellington, Hunter and Northumberland, and parts of Gloucester, Durham, Phillip, Gordon, Ashburnham, Georgiana and St. Vincent..

Note 56, page 180.

The Situation of the two former.

The houses of the chief justice and colonial secretary were built on the southern side of Bridge-street to the east of Pitt-street. The sites are now occupied by the offices of the education and lands departments of the state of New South Wales.

Note 57, page 180.

1 should recommend.

This recommendation has been closely followed. Ninety-four years after the date of this despatch, the administrative offices of the state of New South Wales are located in the neighbourhood of Maequarie-place with the exception of those of parliament and the administration of justice.

Note 58, page 182.

One of the most desirable spots.

The residence of the principal superintendent of police was built on the site, now occupied by the general post-office in George-street opposite to Barrack-street.

Note 59, page 191.

The family of the late Mr. Butler.

E. Butler was appointed registrar of the supreme court of Tasmania, but died on the voyage to the colony. When his widow and family arrived at Hobart town, lieut.-governor Arthur provided them with a return passage to England, and reported it in a despatch to Earl Bathurst, dated 27th October, 1824 (see pages 203 and 204, volume IV, series III).

Note 60, page 191.

Similar Regulations.

These regulations will be found on page 596, volume XIII.

Note 61, page 194.

Dr. Douglass's Acquittal.

The findings of the board of inquiry on the charges against H. G. Douglass will be found On pages 782 and 783, volume XI.

COMMENTARY. 915

Note 62, page 196.

This subject.

In the year 1819, Thomas Kent submitted a report to W . Sorell, lieut.-governor in Tasmania, and subsequently to Earl Bathurst, on his researches on wattle bark.' In 1820, he was examined on the subject by J. T. Bigge, the commissioner of inquiry (see pages 639 and 255 et seq., volume III, series III).

Note 63, page 197.

His Letter to Mr. Huskisson.

A copy of this letter will be found on page 821 et seq., volume XIII.

Note 64, page 198.

Also page 206.

On certain conditions.

Gangs of convicts were employed in clearing private lands on condition that the settler should pay, for each acre so Cleared and stumped, five bushels of wheat out of his first crop into the commissariat stores. This system was established by Sir Thomas Brisbane, and met with the almost unanimous approval of landholders.

Note 65, page 198.

The letter.

A copy of this letter will be found on page 109.

Note 66, page 199.

Mr. Ballantyne's proposition.

This proposition will be found on page 555 et seq., volume XIII.

Note 67, page 199.

An Officer.

The officer was Charles Sturt, a captain in the 39th regiment.


A particular Uniform.

The uniform was described in an order, dated 9th November, 1824, and its use was restricted to " the Chief Justice and the other Members of His Majesty's Council" by a despatch, dated 5th March, 1825 (see pages 418 and 540, volume XI).


Also page 353.

The New Jail.—The Ground.

This was the southern portion of the walled enclosure, which became known as the Darlinghurst gaol, and is now being altered for the use of a technical

sehool.

916 COMMENTARY.

Note 70, page 204.

One of the Wings of this Building.

This " wing " is still standing in practically its original condition, and has for many years been used as the mint.

Note 71, page 205.

Also page 466.

The Several Expeditions.

Notes on the principal explorations by John Oxley in the years 1817 and 1818 will be found in volume IX, numbered 85 and 168.

Note 72, page 212.

Those which had been received.

The reports from H. G. Smyth at Fort Wellington and J. Campbell at Melville island will be found on page 816 et seq., volume V, series III.

V

Note 73, page 215. The Merchants who pressed for making an Establishment there.

The proposal by merchants, represented on the East India trade committc-3, for founding a settlement in north Australia, will be found on page 741 et seq., volume V, series III.

Note 74, page 221.

A Book. This book contained the various returns, which were forwarded in the

annual " blue book."

Note 75, page 225.

The Tablet. The " tablet " was erected in St. James' church, Sydney, in the year 1830.

The monument was the work of the artist Chantrey. The centre portion is five feet two inches by four feet two inches, and represents the head of Sir James Brisbane in relief, surmounted by a laurel wreath, and above that a regulation hat and sword. Beneath the bust is an inscription, recording his death on the 19th of December, 1826, at the age of fifty-two years.

Note 76, page 226.

The circumstances.

Thomas McCleland was appointed attorney-general of Tasmania by warrant dated 3rd July, 1826 (see page 300, volume V, series III). On his arrival at Hobart town, he was suffering from mental derangement. When the report of his illness was received in England, Algernon Montagu was appointed to succeed him in the event of his continued ill health. But, if McCleland recovered and was able to assume office, Montagu was directed to proceed to Sydney and take office as commissioner of the court of request in New South Wales.

COMMENTARY. 917

Note 77, page 234.

The Minute of Proceedings.—The accompanying Protest.

The minute of proceedings was transmitted by Sir Thomas Brisbane, chief justice Forbes and archdeacon Scott with their despatch, dated 10th August, 1825, and the " protest" was attached in the appendix marked CC (see pages 727 et seq. and 780 et seq., volume XI).


Delicacy.—The circumstances under which he was removed.

Lieut.-governor Arthur reported the circumstances relative to the removal of J. T. Gellibrand from office as attorney-general in Tasmania in a despatch, dated 11th February, 1826 (see page 104 et seq., volume V, series III).

Note 79, page 251.

The land.

The deed of grant for this land, dated 19th July, 1809, will be found ou page 580, and its surrender is recorded in note 133, volume XIII.

Note 80, page 257.

A certain Banking Company. The bank of New South Wales was established in the year 1817, and was

granted a charter of incorporation by Governor Macquarie (see page 223 et seq., volume IX). Counsel in England in the year 1818 gave an opinion that this charter was null and void as the governor was not legally empowered either by his commission or instructions to grant it (see page 320, volume I, series IV). Notwithstanding this opinion, Sir Thomas Brisbane renewed the charter when it expired in the year 1824. Although these charters of incorporation were granted, the bank was nevertheless, " in contemplation of law, only a joint stock company from the period of its establishment." In the year 1827, the proprietors decided to remodel and continue the bank, and agreed that the charter of incorporation granted by Sir Thomas Brisbane, should cease to be acted upon after the 31st of December, 1827.

The " old bank " was therefore the proprietors trading under a nominal charter of incorporation, and the " new bank " the same proprietors avowedly trading as a joint stock company.

Note 81, page 258.

An Act for ascertaining. This was the first act for taking a census of the colony. In the early days

of the colony, an annual census was taken and was called a general muster. All inhabitants, free or bond, were ordered to attend these musters on a certain date by a proclamation issued by the governor on his own initiative. This practise was continued throughout the administration of Governor Macquarie. But it was no longer possible, when it became generally known that the issue of proclamations and government and general orders by the governor was illegal, and therefore free inhabitants could not be compelled to attend such musters.

Note 82, page 261.

The omission of many topics.

The inclusion of many clauses in the statute, 4 Geo. IV, c. xevi, which were omitted from the statute, 9 Geo. IV, c. lxxxiii, was due to a sudden

918 COMMENTARY.

change of policy. The statute, 4 Geo. IV, c. xcvi, was drafted by F. Forbes in association with James Stephen, jr. The circumstances were detailed by F. Forbes as follows:—"The first New South Wales act did contain many specific provisions, without its being known that the draft of that act contained a whole code of laws, which were deemed so complex and unfit for discussion in Parliament, that it was suddenly determined to weave a legislative power into- the body of the act; this simple fact, which was only known to Mr. Stephen and myself, will explain the seeming anomaly of the first New South Wales act. In consequence of the resolution thus suddenly adopted, many clauses were retained, which should have been expunged; such, for example, as the clauses relating to Courts of Sessions and Requests, the declaring of insolvencies, foreign attachments, and other matters of purely local moment."

Note 83, page 261.

6 Geo. 4, Cap. 69, Sec. 4.—The General Transportation Act.

Section 4 was as follows:—

"And be it further enacted, That it shall and may be lawful for His Majesty, by any Order or Orders to be by Him from time to time for that Purpose issued with the Advice of His Privy Council, to appoint, or by any such Order or Orders in Council, to authorize the Governors, Lieutenant-Governors, or other Persons for the Time being administering the Government of any of His Majesty's Foreign Possessions, Colonies or Plantations, to appoint the Place or Places within His Majesty's Dominions, to which any Offender, convicted in any such Foreign Possession, Colonies or Plantations, and being under Sentence 'or Order of Transportation, shall be sent or transported; and all such Persons shall, within the Place or Places, to which, in pursuance of any such Order or Orders in Council, they shall or may be so sent or transported, be subject and liable to all such and the same Laws, Rules and Regulations, as are or shall be in force in any such Place or Places with respect to Convicts transported from Great -Britain." The general transportation act was 5 Geo. IV, c. lxxxiv,~ entitled, " An Act

for the Transportation of Offenders from Great Britain."


The proposal.—The original agreement.

The proposal by F. Forbes was contained in the fourth clause, which he suggested in his draft for the second New South Wales bill (see page 649, volume I, series IV).

The agreement for the lease of the coal-mines to the Australian agricultural company was detailed in a letter from under secretary Hay to the directors of the company, dated 7th July, 1825 (see page 237, volume XII).

Note 85, page 275. •

A document which will be laid before the Members.

The " document " was the despatch numbered 17 (see page 260 et seq.).

Note 86, page. 276.

Tlie Act.

This was the act-of council 8 Geo. IV, No. 2 (see page 576).

COMMENTARY. 919

Note 87, page 282.

His conduct to the Archdeacon.

A report on the conduct of William Walker was transmitted by Governor Darling in a despatch, dated 7th May, 1826 (see page 273 et seq., volume XII).

Note 88, pages 284, 305 and 383.

The Instructions.

These instructions will be found on page 107 et seq., volume XII.


Also page 312.

A Minute.—My Report.

This minute was contained in the general series of minutes of the executive council for the half-year to the 30th of June, 1828, which will be found in a volume in series II. The report by J. Oxley was dated 20th September, 1827 (see page 303

et seq.).

Note 90, page 310.

A joint Memorial.

Ihis memorial will be found on pages 207 and 208.

Note 91, page 328.

The Act of Council No. 20.

This was the act of. council, 6 Geo. IV, No. 20, entitled " An Act to continue, until further provision shall be made, certain Duties, Tolls, Rates, Fees, and other sums of money, imposed by the Governors of New South Wales, and for other purposes."

Note 92, page 336.

Articles on the above subject.—Review published in the Australian Quarterly journal.

' In, the Sydney Gazette, five and a half columns, and, in the Australian Quarterly Magazine, nineteen and a half pages were filled with the reprint of documents,.-published in the pamphlet by the Reverend Samuel Marsden (see note 46), with-eomments on them by the editors. The Australian Quarterly Magazine, first published m January, 1828, was

edited by the Reverend Charles P. N. Wilton.

Note 93, page 340.

My poor friend, Mr. Galway Mills.

Governor Darling reported the death by suicide of G. G. Mills in a despatch dated 15th February, 1828. The verdict at the inquest was death by bullet wound in the head, self inflicted during a fit of insanity (see page .84 and note 184, volume Xlll).

Note 94, page 341.

Lieutenant Stirling.

Robert Stirling was a lieutenant in the 3rd regiment and was appointed aide de camp by gSir Thomas Brisbane. In the year 1823, he accompanied

920 COMMENTARY.

John Oxley in his examination of Port Curtis and Moreton bay, and was highly commended for his services. In February, 1828, Governor Darling wrote to the war office and strongly condemned Stirling's conduct (see page 799 et seq., volume XIII) for interference in the case of staff surgeon D. MacLeod.

Note 95, page 341.

Your Letter.

This letter was dated 12th January, 1828 (see page 695, volume XIII).

Note 96, page 345.

The Regulations.

These regulations were similar to those established for military officers. The concessions were extended to officers of the navy and the marines in December, 1827 (see pages 596 and 668, volume XIII).

Note 97, page 347.

Also page 706.

Hooping Cough was introduced.

Prior to the arrival of Governor Phillip with the first fleet in 1788, it is probable that there were no infectious diseases in the continent of Australia or in the island of Tasmania. With the exception of small-pox (see note 98), the introduction of every infectious disease, major and minor, can be traced to a definite date, and, until recent years, to the ship or ships in which the carriers arrived in the country. After the introduction of a disease, the incidence, and in some diseases the excessive mortality, amongst the aborigines indicates that the disease had been unknown at least for many generations. Note 98, page 348. Vaccination.—The Disease has not been known here.

The first vaccine lymph was imported in the ship Coromandel on the 8th of May, 1804. On the following day, assistant-surgeon John Savage performed the first successful inoculation. ' AVithin the next few weeks, upwards of four hundred children were inoculated in N e w South Wales by Savage, T. Jamison, principal surgeon, and John Harris, surgeon of the N e w South Wales corps. Lymph was also sent to Norfolk island and Hobart town. In November, 1805, the vaccine virus was introduced successfully in Tasmania by John McMillan, surgeon of H.M.S. Buffalo. The cow-pox was, however, allowed to die out. In January, 1818, it was reintroduced to Tasmania from Mauritius, and a little earlier into N e w South Wales.

In April, 1789, small-pox became epidemic amongst the aborigines in the neighbourhood of Port Jackson. Tbe origin of this epidemic is unknown, and the excessive mortality, probably fifty per cent., implies that it was a disease previously unknown by the aborigines (see also note 118, volume I). Note 99, page 352.

Despatch No. 78. This despatch will be found on page 201 et seq.

COMMENTARY. 921

Note 100, page 357.

Absence in the Act of any Preamble specifically stating the mischiefs.— The Newspaper Stamp Act.

The attitude, adopted by F. Forbes in reference to the necessity for a definite expression of opinion by the legislative council of danger to be expected from the licentiousness of the press, was detailed in his despatch to under secretary Horton dated 27th May, 1827 (see page 727, volume I, series IV).

The circumstances relative to the passing and suspension of the stamp act were reported by Governor Darling in despatches, dated 29th May, 30th May and 1st June, 1827 (see pages 374 et seq., 380 et seq., and 391 et seq., volume XIII).

Note 101, page 358.

The prosecutions and Action for defamation.

Governor Darling reported the prosecutions to under secretary Hay m despatches, dated 5th July and 1st August, 1827 (see pages 429 et seq." and 477 et seq., volume XIII).

Note 102, page 359.

The proceedings.—The letter.—Your " Government Order."

The proceedings were reported by Governor Darling in his despatch dated 16th January, 1828, and the letter from the judges was dated 31st December, 1827 (see pages 717 et seq. and 720 et seq., volume XIII). The " government order " will be found on pages 694 and 695, volume XIII.

Note 103, page 360.

A second Order.

This order will be found on. page 646, volume XIII.


The recent alteration of the Law.

By the ninth section of the statute, 9 Geo. IV, e. Ixxxiii, it was provided that convicts could be reassigned by their masters, only with the written consent or license of the governor; that the governor could revoke the assignment of a convict at his discretion; and that the governor could grant temporary or partial remissions of the sentences of convicts and could revoke the same at will. This section was preceded by the section, which provided for the trial of

issues by the law courts, and followed by the section, which authorised the governor to extend and apply the form of proceeding by grand and petit juries.

Note 105, page 361.

The conduct of Mr. Justice Stephen.

Governor Darling reported the conduct of J. Stephen in a despatch dated 27th March, 1827 (see page 206 et seq., volume XIII).

Note 106, page 361.

The Trial of two Actions.

These trials were reported by Governor Darling in his despatch, dated 10th October, 1827 (see pages 547 and 548, volume XIII).

922 COMMENTARY.

Note 107, page 362.

The discussion.

Reports on this discussion will be found on pages 802 et seq. and 815 et seq., volume XIII.

Note 108, page 363.

His conduct.

Governor Darling reported the conduct of F. Stephen in a despatch, dated 19th January, 1827 (see page 727 et seq., volume XIII).

Note 109, page 363.

The Public Dinner of the Turf Club.

An account of this dinner was given by Governor Darling in his despatch dated 14th December, 1827 (see page 642 et seq., volume XIII).

Note 110, page 364.

The letters.

These letters will be found on pages 639 et seq., 645 and 707 et seq., and the explanation tendered by W . Foster on page 7ll, volume XIII.


Your general Instructions.

In the general instructions to Governor Darling, it was provided:—" Tou do in all things consult and advise with Our said Council, and that you do not exercise the powers and authorities aforesaid, or any of them, except by and with the concurrence and advice of Our said Council, save and except only in such eases as are hereinafter saved and excepted " (see page 109, volume XII).

Note 112, page 366.

A relative or a near connection.

Henry, William and Edward Dumaresq were brothers-in-law of Governor Darling. The first was appointed by Darling to be clerk of the executive and legislative councils in February and March, T826; the second to various offices, beginning with the inspectorship of roads and bridges in" May, 1826; and the third to be successor of G. W . Evans, as surveyor-general in Tasmania in December, 1825.


The Committee.

The committee of the Australian agricultural company included John Macarthur, James Macarthur, James Bowman, Hannibal Macarthur and Phillip Parker King.

Note 114, page 370.

The Instructions.

These instructions will be found on pages 563 et seq. and 591 et seq., volume XT.

Note 115, page 371.

The Despatch.

This despatch will be found on pages 486 and 487, volume XIII.

COMMENTARY. 923

Note 116, page 375.

That which they have hitherto received.

A copy of the memorandum given to intending settlers will be found on page 454 et seq., volume X L

Note 117, page 379.

To advert to Mr. Forbes's proceedings.—In adding the Judge's private Clerk.

The particulars of the action taken by F. Forbes on the stamp act will be found on pages 289 et seq. and 374 et seq., volume XIII. The appointment of J. Dowling's clerk as a clerk in the supreme court was reported by Governor Darling in his despatch, dated 3rd April, 1828 (see page 115).

Note 118, page 393.

Also pages 585 and 600.

My Pew in the Church.

E. S. Hall was the holder of a pew in St. James' church. In the year 1828, the pews were fitted with doors and divided from adjoining pews by partitions, four feet eight inches in height. Rent was paid for the pens for each half-year, ending June and December. At evening service on the 1st (6th) of July, 1828, when he attempted to enter the pew, Hall found the door closed; whereupon he went to the side, climbed into the pew, lifted his youngest daughters in, and forced the door open to allow his eldest daughters to enter. To prevent further use of the pew by Hall, the pew was then decked over. On the 25th of September following, a suit for trespass was commenced

against Hall in the supreme court. In his evidence, the Reverend Richard Hill, the incumbent of St. James', stated that a reallotment of the pews hid been made at the beginning of the half-year, which was the reason of Hall's exclusion. Public opinion, however, thought it was due to archdeacon Scott's animosity towards Hall. J. Dowling and the assessors returned a special verdict. On the 12th of March, 1829, this suit was concluded, and damages of one

shilling were given against Hall. Subsequently a motion for a new trial was refused. On the 29th of September, 1828, Hall was found guilty of a criminal libel

(see note 153) in his comments on the ecclesiastical administration in connection with the allocation of these pews. On the 6th of April, 1830, Hall was successful in an action against the

Revd. T. H. Scott, tried before a jury, and obtained £25 damages for trespass in connection with the previous suits.

Note 119, page 393.

Occurrences in that Country.

Thomas Hobbes Scott was born in the year 1783. According to James Mudie in The Felonry of New South Wales, his first occupation was that of a wine merchant in the city of London. He was thirty years of age before he matriculated at Oxford university on the 11th of October, 1813, where he obtained the degree of M.A. five years later.

Note 120, page 394.

The Archdeacon's noble sister.

The eldest sister of the Revd. T. H. Scott married Thomas H. Bigge, and a second sister the earl of Oxford.

924 COMMENTARY.

Note 121, page 396.

Per cutter Mermaid and ship Wanstead.

This despatch and those numbered 119, 120, 121 and 122 were transmitted to Hobart town by the cutter Mermaid and thence to England by the ship Wanstead.

Note 122, page 406.

Mrs. Lockaye's Letter.

The full text of this letter was transmitted by Sir George Murray with his despatch, dated 1st May, 1829 (see page 731 et seq.).

Note 123, page 409.

The past life of Dr. Halloran.

Particulars of L. H. Halloran's crime and conviction will be found on page 37, volume XII.

Note 124, page 410.

Representations from the East India Trade Committee.

These representations will be found on page 742 et seq., volume V, series III.

Note 125, page 418.

Bradley had transmitted statements.—A despatch.

The " statements " and despatch will be found on pages 463 et seq. and 462, volume XI.

Note 126, page 426.

A very careful examination.

The report on this examination will be found on page 854 et seq., volume XI,

Note 127, page 433.

Your letter of the 7th October, 1828. This letter will be found on pages 436 and 437.

Note 128, page 434.


The Sydney Gazette of today.

A leader of one and a quarter columns in the Sydney Gazette was devoted to comments on the reported reply of F. Forbes to the pamphlet (see note 46) written by the Reverend Samuel Marsden. The criticism was strongly in favour of Marsden, and it was stated " we might have been obliged with a glance at this Answer (i.e., the reply by F. Forbes) on condition that we made no use of it."


The Report. This report will be found on page 854 et seq., volume XI.

COMMENTARY. 925

Note 130, page 462.

77is Lordship's Despatch.

This despatch was numbered 37 (.sec page 462, volume XIII).

Note 131, page 466.

Mr. George Harper complaining of certain injuries.

The subject-matter of the complaints was contained in Governor Darling's reply to this despatch (see page 752 et seq.).

Note 132, page 471.

Also page 668.

His second Expedition.

On his first expedition, Allan Cunningham had discovered the Darling downs on the 5th of June, 1827 (see note 140, volume XIII), and had observed a gap in the main coastal range. His second expedition was undertaken with the object of discovering a route from Moreton bay to these downs through this or a similar gap. On the 24th of July, 1828, Cunningham left Brisbane town. He was

accompanied by Patrick Logan, commandant at Moreton bay, James Fraser, and five men, with provisions for four weeks loaded on four pack bullocks. The route was at first southerly, and, on the following day, the Logan river was crossed about twenty miles from its mouth. A south-westerly course was then taken, and, on the 2nd of August, camp was pitched at the foot of Mount Lindesay. On the following day, Cunningham, Logan and Fraser attempted the ascent of this mountain, but Logan only was successful in reaching the summit, which was estimated to be 5,703 ft. above sea-level. On the 7th of August, the latitude of the gap, observed in June, 1827, was reached; but progress in a westerly direction was found to be impracticable. On the following day, it was decided to travel northerly to the Bremer river, and to make an attempt to reach the ranges from that'river. On the 11th of August, when twenty-four miles from Brisbane town, Logan and Fraser left Cunningham to return to that town. On the same day, Cunningham reached the Bremer river at a point forty-eight miles from Brisbane town. Here Cunningham rested some days, and sent two men and two bullocks back to the settlement. On the 18th of August, accompanied by three men with two bullocks, he started in a southerly and westerly direction for the gap, and three days later arrived within four miles of it. He felt some doubt whether this was the gap observed from the west in June, 1827, and spent some time in searching for another gap. However, on the 24th of August, one of his men, who had accompanied him on his previous expedition, partly ascended the gap and proved its identity. On the following day, Cunningham with one man passed through the gap, and proved the practicability of a road up the range to the Darling downs at a point fifty-four miles distant from Brisbane town. On the 26th, the return journey was commenced, and the Bremer river was reached in safety four days later. The gap is now known as Cunningham's gap. Note 133, page 471.

The Expedition.

A note on this expedition will be found, numbered 168, in volume IX.

926 COMMENTARY.

Note 134, page 472.

Also page 724.

An Excursion to the Southward.

This was the exploring expedition of Hamilton Hume and W . H. Hovell in the year 1S24, when the overland route to Port Phillip was discovered (see note 151, volume XI). For many years, it was a disputed point between Hume and Hovell whether the one or the other was the leader, a controversy which involved considerable correspondence in the newspapers without any definite result, except in proving that Hume was the more experienced bushman.

Note 135, page 474.

The printed pamphlet.

This was an octavo pamphlet of one hundred and eight pages, printed by A. Hill at Sydney in 1828, in which the history of the first years of the Presbyterian church in New South Wales was detailed.

Note 136, page 475.

An Article appeared in the " Sydney Monitor."

The appointments conferred by Governor Darling on his brothers-in-law (see note 112) gave his opponents great opportunities for criticism. In the year 1828, he gave H. Dumaresq, one of his brothers-in-law and at the time clerk of the executive council, a grant of one hundred and eighty acres of land (see page 478). Such a grant was obviously impolitic, no matter how justifiable the circumstances involved.

Note 137, page-476.

An equivalent for some Land.

The particulars relating to the reserve of ten thousand acres of land for F. Forbes, to be exchanged for land held by his mother in the island of Bermuda, will be found on pages 251 et seq. and 269, volume XIII.

Note 138, page 482.

A Daughter of one of the Judges.

R. Robison was married to a daughter of John Stephen.

. Note 139, page 495.

Copy of the Rules.—A Memorandum.

The rules will be found on page 454 et seq., volume XI, and the principles of the memorandum on pages 595 and 596, volume XII.

Note 140, page 498.

The Official Regulation.

These regulations were enclosed with Governor Darling's despatch dated 27th October, 1827, and will be found in a volume in series II.

Note 141, page 505.

A former Despatch.

This despatch was dated 30th January, 1828 (see page 743 et seq., volume

COMMENTARY. 927

Note 142,jpage 519.

The abolition of the Office of Lieutenant-Governor.

The office of lieutenant-governor of New South Wales was created in the year 1786 before the first fleet sailed from England. The duties of the office were never defined, and the office was a sinecure except in the absence of the governor. After the departure of Robert Ross, major of marines, the office was invariably held by a military officer, although, in the year 1799, P. G. King advised the appointment of a civilian. After his inquiry, J. T. Bigge reported, in February, 1823, that the office was useless (see page ssi, volume I, series IV). The office was abolished bv Earl Bathurst in a despatch, dated 8th April, 1827 (see page 242, volume XITT).

Note 143, page 519.

Your Commission and standing Instructions.

These documents will be found on page 99 et seq., volume XII.

Note 144, page 523.

The recently established Regulations.

These regulations will be found on page 595, volume XII, and on pages 485 and 596, volume XIII.

Note 145, page 528.

17.y suspension.

Governor Darling reported the suspension of H. Dangar in a despatch dated 11th March, 1827 (see page 149 et seq., volume XIII).

Note 146, page 529.

His public order.

This order was as follows:—

" GOVERNMENT PUBLIC NOTICE.

" Colonial Secretary's Office, 10 Nov., 1825. " Whereas various Grants of Land have been made in New South Wales and

its Dependencies on Condition not to be alienated within Five Years from the Date thereof; And Whereas such Condition was imposed in Order to ensure the due Cultivation of the said Land; but generally this Object has been effected, although that Condition has not been strictly observed. Now therefore, in all Cases in which Fences, Clearing or Buildings shall have been completed according to the Condition in the said respective Grants contained, I do hereby release all the Rights, which have accrued to His Majesty, His Heirs and Successors, to the same Lands in Respect of any Breach of the aforesaid Condition before the Announcement of His Majesty's new Regulations on the 18th Day of May last.

" By His Excellency's Command, " F. GOULBURN, Colonial Secretary."

Note 147, page 529.

The Agent to T. P. McQueen, M.P.

The agent was Peter Mclntyre.

928 COMMENTARY.

Note 148, page 547.

Described in the Report of tlie Surveyor-General and the Company's Agent.

This description will be found on page 370.

Note 149, page 551.

A Second Bank.

The bank of New South Wales commenced business on the 8th of April, 1817. Its formation was " productive of the most important and beneficial consequences to the Colony at large, which was thus rescued from the state of Bankruptcy into which it was declining fast; its credit raised at Foreign ports; and an incalculable accommodation rendered to every Individual in the Country" (see despatch from Governor Macquarie, dated 27th July, 1822, page 676, volume X ) . The bank was established under the patronage of Governor Macquarie, and its principal supporters were his proteges, the emancipists and their friends.

In February, 1826, a private meeting was held by some members of the exclusive party to consider the formation of a second bank. This bank was called the bank of Australia. The proprietors were restricted, as the share list was not open to public subscription. The bank was opened for business on the 1st of July, 1826 (see also note 75, volume XII).

Note 150, page 559.

The old Bank.

The " old Bank " was the bank of New South Wales, when it was nominally working under the charter of incorporation, granted by Governor Macquarie and renewed by Sir Thomas Brisbane (see also note 80).

Note 151, page 564.

The Reverend F. Wilkinson's Letter.

Governor Darling wrote a despatch on this letter to under secretary Hay, dated 4th September, 1828 (see page 386 et seq.).

Note 152, page 576.

This Act having never been permitted to go into operation.

The operation of the stamp act was suspended by a government notice, dated 31st May, 1827 (see page 392, volume XIII).

Note 153, page 578.

E. S. Hall . . . of a Libel.

On the 29th of September, 1828, E. S. Hall was tried in the criminal court before J. Dowling on a charge of criminal libel on the Reverend T. H. Scott. The libel was contained in the Monitor newspaper, wherein comments were made on the ecclesiastical administration. Hall was found guilty and entered into recognizances to appear for judgment when called upon. On the 6th of January, 1829, Hall was called to receive the judgment. Dowling, after stating that Scott did not press for a severe penalty, sentenced Hall to pay a fine of twenty shillings, and to enter into a personal recognizance of £500 to be of good behaviour for twelve months, and to be lodged in gaol until the fine was paid and the recognizance completed.

COMMENTARY. 929

Note 154, page 579.

One . . . under the signature of " Veritas."

The letter by " Veritas " filled three columns in the Sydney Gazette, and was addressed to the editor of the Monitor newspaper. It was devoted to a denial of the statements by E. S. Hall in his letters, dated 3rd and 26th November, 1828 (see pages 584 et seq. and 596 et seq.), principally in reference to the emoluments of H. Dumaresq and others, and to the land grants at Woolloomooloo and Elizabeth bay.

Note 155, page 581.

The control of three or four Gentlemen.

Governor Darling reported the appointment of a land board in his despatch dated 5th May, 1826 (see page 266, volume XII). This board consisted of W. Stewart, the lieut.-governor, W . Lithgow, the auditor, and J. T. Campbell, formerly secretary to Governor Macquarie. This board dealt with applications for land and for assigned servants. Alexander Macleay and Henry Dumaresq, the official and private secretaries, were not members of this board, but of the board for general purposes; nor was William Dumaresq a member.

Note 156, page 583.

The Government Notice.

After reciting the necessity for regulating the depasturing of stock on government lands, it was announced:— " Notice is hereby given that Settlers in authorised Possession of Land,

whether by Grant or by Purchase, will be allowed to occupy the unlocated Crown Lands immediately adjoining their respective Possessions at a Rent after the Rate of Two Shillings and Sixpence per.Annum for every Hundred Acres; but it is clearly to be understood that Government reserves to itself the Right of disposing of all Lands, which shall be occupied under this Tenure, and to give Possession of it to any other Party, upon giving One Month's Notice to the Occupant." The only condition imposed was that applications to lease such lands must

be made in writing to the colonial secretary.

Note 157, page 585.

Discharge the verdict by public subscription.

On the 15th of December, 1826, Hannibal Macarthur was awarded £100 damages and costs in a lawsuit against Arthur Hill and Edward Smith Hall, the proprietors of the Monitor newspaper. The action was brought for a libel published in the issue of that paper on the 22nd of September, 1826. The libel was contained in some criticism on the flogging of a convict employed on Macarthur's farm. The damages and costs were paid by public subscription.

Note 158, page 588.

A Gentleman . . . selected . . . to supersede in office another Gentleman.

The reference was to William Foster, who was appointed commissioner of the court of requests, when H. G. Douglass was removed from that office in December, 1827, for proposing the health of W . C. Wentworth at a dinner of the turf club, held on the 9th of November, 1827 (see also pages 678 and 706 et seq., volume XIII).

SER. I. VOL. XIV—3 N

930 COMMENTARY.

Note 159, page 588.

The cock-pit.

Cock-fighting was a frequent and popular form of amusement in New South Wales during the first half of the nineteenth century. One large residence near the Parramatta river had a well-appointed private cock-pit. The amusement became regulated, and the rules of the national cock-pit at Westminster, London, were adopted. Mains were arranged; the long main continued usually for a week, and the short main lor a day or two. The amusement was the medium of much gambling.

Note 160, page 589.

A pension.

Alexander Macleay was appointed secretary to the transport board in the year 1806. When the board was abolished in the year 1818, he was granted a pension of £750 per annum. On his appointment as colonial secretary of New South Wales, he was precluded from drawing this pension. But Governor Darling was instructed to pay him an allowance of £750 per annum, in lieu of the pension and in addition to his salary as colonial secretary.

Note 161, page 589.

3,000 acres in the Cow pastures. Alexander Macleay was granted fifteen hundred acres at Brownlow hill,

near Camden (see pages 389 and 390).

Note 162, page 592.

Old Crown leases.—Sydney would have still remained a mere hamlet. Before leaving the colony, Governor Phillip had caused a map of the town

of Sydney to be prepared. At the same time, a line was traced from the mouth of the stream, flowing into Woolloomooloo bay, to the head of Darling harbour, and this line was regarded as the boundary of the town on its landward side. Phillip laid down the principle " that no Ground, within the Boundary line, is ever granted or let on Lease, and all houses within the Boundary line are and are to remain the property of the Crown." This principle forbidding leases was not followed, and Phillip himself and his successors granted leases of allotments for terms of years (see also note 38, volume VI). No grants, however, were made until November, 1808. On the 21st of this month, major Foveaux converted the leases of Isaac Nichols, Simeon Lord and David Bevan into grants in consideration of the " very large sums of money" expended " in the erection of excellent dwelling-houses, extensive Stores, and other substantial and useful buildings " (see page 4, volume VII). The first and last of these grants were in George-street, and the second in Pitt-street. On the 11th of November, 1808, Foveaux granted some land in Wind Mill Row to John Macarthur in exchange for land at Parramatta (see note 180, volume VI). Governor Macquarie confirmed these grants and freehold thus became a legally established tenure for land in the city of Sydney. Notwithstanding this new practise, for many years the greater part of Sydney was held under Crown leases; such holdings were frequently sold, as few lessees expected that the government would re-enter into possession. Note 163, page 595.

1,280 acres of land to a lady. Governor Darling advocated a proposal for land grants to women as mar

riage portions in a despatch, dated 4th September, 1828 (see page 385).

COMMENTARY. 931 Note 164, page 596.

One of the Coves.

The native village formed at this cove by Governor Macquarie was called Elizabeth town in honour of Mrs. Macquarie. The cove in consequence acquired the name of Elizabeth bay.

Note 165, page 596.

The author of a periodical.

The South Asian Register was an ambitious octavo magazine, edited by Dr. Oldfield, and first published in the year 1827.

Note 166, page 597.

Possession by promise.

Sir Thomas Brisbane made a report on this practise in a despatch dated 10th April, 1822 (see page 630 and note 136, volume X ) .

Note 167, page 597.

A Lunatic Asylum.

In May, 1811, Governor Macquarie established the first lunatic asylum at Castle hill, and a little later the old government barn was repaired and allotted for that purpose at that station. Accommodation was provided for thirty patients, with a courtyard for exercise surrounded by a strong stockade. A weatherboarded cottage was erected for the superintendent and his family. The first resident superintendent was George Suttor, who received special instructions from Governor Macquarie in September, 1814. This asylum was maintained until the year 1828, when the lands occupied were required for the clergy and school estates. The building, used by the bench •of magistrates at Liverpool, was thereupon converted into an asylum, and the patients, numbering thirty-two men and twelve women, were transferred from Castle hill.

Note 168, page 599.

Private Road, Woolloomooloo Hill.

This road, at first known as Wolomoloo-road, is now known as Darling-hurst-road. It was constructed at the expense of the owners of the allotments on the heights of the modern Darlinghurst and Potts point.

Note 169, page 601.

The wing of the General Hospital.

This wing is still standing and forms the central portion of the present state parliament house. The chambers, now used by the legislative council and the legislative assembly, are later additions.

Note 170, page 603.

The Islands of New Zealand were a Dependency.

In the commissions of all the governors of New South Wales from A. Phillip to Sir T. Brisbane, their jurisdiction was defined as extending from the latitude of Cape York in the north to the latitude of South cape in Tasmania in the south, " including all the islands adjacent in the Pacific Ocean "

932 COMMENTARY.

within these latitudes without defining the eastern limits of such islands. Governor Darling held a similar jurisdiction with the southern limit restricted to the latitude of Wilson's promontory in Victoria.

The whole of the north island and part of the south island of New Zealand lie between the latitudes of South cape in Tasmania and of Cape York in Queensland. The jurisdiction over the " islands adjacent " was variously interpreted. In

the years 1811 and 1814, Governor Macquarie claimed jurisdiction over Tahiti and New Zealand by the appointment of justices of the peace with local powers. The appointment of Thomas Kendall as a justice of the peace " at the Bay of Islands and throughout the Island of New Zealand " in 1814 (see page 112, volume I, series IV), probably suggested to the colonists that New Zealand was a dependency.

But, prior to the year 1829, no official decision on the question involved was given by the secretary of state.

Note 171, page 604.

Copies of my correspondence.

In the original copy of this despatch, preserved in the Mitchell library, Sydney, the following sub-enclosures were attached to this letter:—-

[1] MB. THOMAS RAINE TO ME. F. N. ROSSI.

Sir, Sydney, 10 December, 1828. I beg leave to report to you the arrival in Port Jackson on the 9th

Instant of the Brigantine " New Zealander " from Ho'Kianga in New Zealand, at which place I have an Establishment, and where the said vessel has been built by British Subjects, employed by me for that purpose; and I have respectfully to request you will be pleased to order the proper Officers on board to survey and measure her for the purpose of enabling me to obtain a Register according to law, as speedily as possible. I have, &c,

A True C o p y : — T H O M A S RAINE. T H O M A S RAINE.

[2] MR. F. N. ROSSI TO MR. T. RAINE.

Sir, Custom House, Sydney, 30th Deeem'r, 1828. Having submitted to the Government your demand for a Register of

the Vessel, the " New Zealander," built by persons in your Employ at Ho'Kianga in New Zealand, I have the honor of transmitting for your information Copy of the Letter of the Colonial Secretary to me on the Subject, and beg to add that a Clearance, or a Certificate agreeably to my instructions, shall be granted, as soon as you have been pleased to comply with the terms mentioned in the last Paragraph of that letter.

I am, &c, F. Rossi, Acting Collector.

[3] COLONIAL SECRETARY MACLEAY TO MR. F. N. Rossi.

Sir, Colonial Secretary's Office, 29th December, 1828. Having by Command of the Governor referred your letter of the 12th

Inst., enclosing an application made by Mr. Thomas Raine for a Register of the " New Zealander," built at Ho'Kianga, New Zealand, to the Attorney and Solicitor General, I am directed to inform you that, according to the Opinion of these Officers, no Register can be legally granted at this Port to-the Vessel in question under the Act of 6 Geo. 4, Cap. 110; but his Excellency sees no objection to your clearing out the " New Zealander " for New Zealand, and giving him a Certificate, stating that She was built there by British Subjects in the Actual Employment of persons resident in this

COMMENTARY. 933

Colony; and that there is no objection on the part of the Government of New South Wales to her trading between this place and New Zealand, until the pleasure of His Majesty's Government can be obtained respecting an application made for a British Register for her; you are not, however, to give the Certificate, untill Mr. Raine shall have given you a letter, agreeing to accept of such Certificate upon his own responsibility, and not to consider the Colonial Government answerable for the protection of the Vessel.

A L E X R . M C L E A Y .

A true Copy:—F. Rossi, Aet'g Coll'r. [4] MR. T. RAINE TO MR. F. N. Rossi.

Sir, Bligh Street, 30 Deer., 1828. I have to acknowledge receipt of your's of this date, handing me Copy

of the Colonial Secretary's letter on the subject of a Register for m y Vessel, the " N e w Zealander "; and I beg to say that I comply with the conditions of taking the Certificate, stating " that she was built at New Zealand by British subjects in the actual Employment of persons, resident in this Colony, and that there is no objection on the part of the Government of New South Wales to her trading between this place and New Zealand, untill the pleasure of His Majesty's Government can be obtained, respecting an application made for a " British Register for her," vizt., that I accept such Certificate upon m y own responsibility, and do not consider the Colonial Government answerable for the protection of the Vessel. I have, &c, A True C o p y : — T H O M A S R A I N E .

THOMAS RAINE.

Note 172, page 607. Also page 721.

The Copy of a Report. This expedition was undertaken to trace the course of the Macquarie river

and to test the theory of an inland sea (see also note 201). Charles Sturt left the settlement at Wellington valley on the 8th of December, 1828. He was accompanied by H. Hume, two soldiers named Hopkinson and Fraser, and eight convicts. H e was provided with two riding and seven pack horses, eight pack bullocks, and a boat on a carriage drawn by two draught bullocks. Two more men with two horses accompanied him as far as Mount Harris to return with a despatch. This despatch was dated 25th December, 1828, and enclosed Sturt's journal to the 20th of December, when he arrived at Mount Harris (see volume in series V ) . The journal recorded an uneventful journey along the Macquarie river, and noted the prevalence of a drought and the discovery of traces of J. Oxley's visit to Mount Harris in the year 1818. After their arrival at Mount Harris, many days were spent by Sturt and H u m e in excursions from the camp with the object of tracing the Macquarie river. As a result, Sturt reported that " at a distance of about twenty-five Miles from Mount Foster, the river Macquarie ceases to exist in any Shape as a River, and, at a distance of between fifty and sixty, the Marshes terminate." Sturt thereupon proceeded to examine the country in a northwesterly direction. In the month of January, 1829, he discovered the Bogan river, and, on the 2nd of February, discovered the Darling river and followed its course for several days. H e then retraced his steps to the camp at Mount Harris, which was reached on the 23rd of February. On the 7th of March, he again left Mount Harris, and in three days reached the Castlereagh river, which he followed to its junction with the Darling river. From this expedition, he returned to Mount Harris on the 7th of April, and thence to the settlement at Wellington valley on the 16th.

934 COMMENTARY.

Note 173, page 610.

Relinquish all idea of colonizing.—Circumstances.

In January, 1828, the foundation of a settlement at Swan river, West Australia, was considered inadvisable on account of the distance of the locality from Sydney and of the difficulties of maintaining communication (see page 739, volume XIII). The settlement at Swan river was formed by free immigrants, and no con

victs were transported under James Stirling who was the first commandant. The instructions to Stirling were dated 30th December, 1828, and liberal land grants were promised to any immigrant. As the locality was without any recognised British jurisdiction, Stirling was ordered to administer the government in an equitable manner, until such time as full instructions on administrative, judicial and legislative matters could be transmitted to him.

Note 174, page 617.

Also pages 801, 802 and 863.

Brought under the consideration of Parliament.

On the 24th of June, 1828, Stewart gave notice in the house of commons that, on the 8th of July, he would move for the production of (1) the record of conviction, (2) a copy of the general order, dated 22nd November, 1826, and (3) copies of all correspondence from Governor Darling, in the case of J. Sudds and P. Thompson. In consequence, the despatches, dated 4th and 12th of December, 1826, with their enclosures (see pages 716 et seq. and 741 et seq., volume Xll), were laid on the table of the house and ordered to be printed, and at the same time it was stated that the record of conviction had not been received from Governor Darling (see page 617).

Note 175, page 618. Similar circumstances to those of Sudds and Thompson.

Joseph Sudds and Patrick Thompson were convicted (see page 617) of a petty robbery in the town of Sydney, " committed in open day and without even an attempt to conceal the Fact." Their avowed object was to escape military service, as they considered that the condition of a convict was better than that of a private in the Colony.

Note 176, page 619.

Also page 858.

Discussed in the Australian and Monitor.—Your attention. In the issue of the Australian newspaper, dated 16 th January, 1829, two

and three-quarter columns contained a criticism, paragraph by paragraph, of Governor Darling's despatch dated 4th December, 1826, which was laid on the table of the house of commons (see note 174). In the issue dated 20th January, the enclosures to the same despatch were criticised in nearly three columns. In the issue dated 27th January, more than three columns contained a statement of " the consequences of the punishment to Sudds, and more particularly the defence which is rested upon the Report made by the Council." This report was an enclosure to the second despatch laid on the table of the house of commons (see note 174). _ In the issue of the Monitor newspaper dated 19th January, 1829, a criticism of these two despatches and their enclosures was printed, extending to nearly seventeen columns. In the issue of the Australian newspaper dated 27th January, 1829, refer

ence was made to the discussion on the statute, 9 Geo. IV, e. lxxxiii, relating to the freedom of the press (see page 590).

COMMENTARY. 935

Note 177, page 619.

Also page 620.

The same situation as Sir Thomas Brisbane.

In August, 1825, Sir Thomas Brisbane appointed three commissioners to inquire into a report of the alleged prostitution of female convicts at the government establishment at E m u plains (see page 814 et seq., volume XI). Sir Thomas Brisbane took this action without any instructions from Earl Bathurst. Reference was made to this commission in the Australian newspaper dated 27th January, 1829.

Note 178, page 620.

The Minute of Council.

The statement made by James Maclntyre to the executive council and the opinion of the council in reference to it will be found on'pages 745 et seq. and 749, volume XII.

Note 179, page 621.

Enclose the Gazette of the 22nd inst.—A Paragraph.

The Gazette of the 22nd January, 1829, contained three columns of criticism on the discussion in the house of commons in reference to the case of J. Sudds and P. Thompson. The criticism practically contradicted the remarks which were made in the Australian newspaper. The paragraph was as follows: — " W e perfectly coincide with the remarks of our Correspondent Joe Blunt.

The subject to which he alludes is indeed become as nauseous as an emetic. After the plain statement of facts which we have already laid before the Public in answer to the romances that have lately issued from the Press, little remains to be said, or indeed need be said, on the subject of Sudds and Thompson. There is one thing, however, which we think worthy of remark in this place, before closing the discussion altogether. It is asserted, in the last Australian, that a charge was made against the GOVERNOR, and that he was to be considered in the light of a defendant before the Council. This we deny. A clamour was raised, the public mind was agitated, on the death of the unfortunate man Sudds; agitated, too, by the very newspaper which had previously lauded the measures of His Excellency, and declared that a public example was necessary to be made of the two culprits. Blame was attached somewhere, and to discover where it was justly attributable, if attributable anywhere, was the motive of His Excellency in convening the Council; certainly a very extraordinary act for a defendant, and strong evidence of apprehension in this particular case, seeing that the Council could not have met at all, had they not been called together by His Excellency. But 'a charge was made against the Governor'! A charge! Pho.! Charge indeed! By whom? By the Australian newspaper. Of what was His Excellency accused, pray? Why, of resorting to those very measures which were pointed out by the accuser himself, as the best means, should any other soldier have fallen in love with the life of a Prisoner ' to teach him his mistake before he goes past redemption like these two soldiers'! What an unlucky quotation this is! How it must grate on the ears of certain parties, particularly when coupled with the fact that the highest law Authority in the Colony was one of that very Council, by whom all the circumstances of this case were inquired into, and by whom that report, which we published a short time since, was made! The attempt, also, to assimilate the meeting of the Council in this instance to the Court of Enquiry, alluded to, in the time of

936 COMMENTARY.

Sir T H O M A S B R I S B A N E , is almost too puerile to demand a serious answer. There, a direct and positive charge was made from H o m e against the then GOVERNOR. Here, there was nothing in the shape of a charge, if we except the scurrilous imputations of a factious press; so that the comparison wholly fails; there is no keeping whatsoever between the two cases. W e may, probably, make a few remarks in our next on the last article in the Australian, and, if so, we shall drop the curtain."

Note 180, page 622.

The Act of Parliament has so completely defined the duties.

Sections 20 to 31 of the statute 9 Geo. IV, c. lxxxiii, related to the legislative council. Section 20 provided for the appointment of the council, and section 21 for its proceedings. Section 22 enacted that all laws and ordinances should be transmitted to the supreme court to be there enrolled; section 23, that the Governor should preside at sittings of the council; section 24, that the laws of England should be applied in the administration of justice; section 25, that governors and councils should not impose taxes except for local purposes; section 26, that the statutes, 59 Geo. Ill, c. cxiv, and 3 Geo. IV, c. xcvi, allowing certain powers of taxation to the governor, should be perpetual; section 27, that the powers vested in governors by former acts should continue, and that the produce of duties should be applied as the governor might appoint by any law or ordinance; section 28, that laws and ordinances should be transmitted, to the secretary of state; section 29, that laws and ordinances should be laid before parliament; section 30, that members of the council should be justices of the peace and should take a prescribed oath; and section 31, that the governors should fill vacancies in case of the death or resignation of members of the council. Note 181, page 627.

The representations which I have had the honor to make. These representations were contained in despatches dated 27th M a y and

29th August, 1828 (see pages 202 and 353 et seq.).

Note 182, pages 638, 639 and 641.

Instructions.

These instructions will be found on page 117 et seq., volume XII.

Note 183, page 642.

The arrangement . . . Women must . . . be permitted to reside there.

The arrangement was the appointment of J. T. Morisset to the command at Norfolk island. Governor Darling had protested against this appointment in despatches, dated 15th February and 27th October, 1827. H e reported the exclusion of women from the island in a despatch, dated 10th February, 1827 (see pages 112, 566 and 105, volume XIII).

Note 184, page 673.

I am directed, etc.

The conclusion of this letter was in the usual form, of which an example will be found on page 638.

COMMENTARY. 937 Note 185, page 674.

The Government House . . . having been . . . uninhabited.

Sir Thomas Brisbane, Governor Darling's predecessor, resided at the government house, which now forms part of the King's school at Parramatta. He visited Sydney weekly to transact public business.

Note 186, page 678.

The usual printed application.

The form of this application was printed, and was similar to the application to rent land on page 781, subject to the necessary alterations.

Note 187, pages 679 and 681. General rules.—Sydney Gazette.

These rules were published in the issue of the Sydney Gazette, dated 28th March, 1829.

Note 188, page 683. . Absolute pardon.

Daniel Cubitt and thirteen other convicts received a warrant of conditional emancipation, dated 16th December, 1791, for their services at the wreck of the ship Guardian (see page 325, volume I).

Note 189, page 690. No legislative proceedings.

The statute, 9 Geo. IV, c. Ixxxiii, was passed in July, 1828, and was transmitted by Sir George Murray with his despatch of the 31st of that month. By this statute, a new legislative council was created with new methods of procedure, and the functions of the old legislative council ceased on the expiration of the statute 4 Geo. IV, c. xcvi, under which it was constituted. The warrant for the new council was dated 30th January, 1829 (see pages 623 and 624). Note 190, pages 690 and 713.

Charges against me or an " Impeachment." This impeachment was transmitted by Governor Darling with his despatch

dated 28th May, 1829 (see page 793 et seq.).

Note 191, page 692. The Report of a Trial.

This trial was a prosecution of Robert Howe for a libel in the issue of the Sydney Gazette, dated 7th May, 1828. The libel was contained in an anonymous letter, which caustically commented on the expected departure of H. G. Douglass from the colony. Douglass obtained a verdict with damages of £50. The trial lasted from 11 a.m. to 7.30 p.m., and created great public interest. Note 192, page 699.

Any view to colonization in New Holland.-The fear of a foreign nation forming a settlement in Australia prevailed

from the early years of the colony. It was the direct cause of the first settlement in Tasmania, an indirect cause of the settlements in north Australia,

938 COMMENTARY.

and was expressed in the secret instructions for the formation of the settlements at Western port in Victoria, and King George's sound in West Australia (see volumes I, V and VI in series III).

Note 193, page 704.

The despatches,

These despatches were dated 31st May and 1st November, 1828 (see pages 214 and 410).

Note 194, page 705. The undertaking.

This was the supply of water to Sydney from the Botany swamps by means of a bore, which had its outlet in Hyde park, south of Park-street (see page 362 et seq., volume XIII).

Note 195, page 710. The Wreck of the ship " Sydney."

The ship Sydney was chartered by Governor King to procure a cargo of provisions for the colony. She cleared for Calcutta on the 14th of April, 1806, and, during the outward voyage, was wrecked on a reef off the coast of N e w Guinea. All her crew were saved, and arrived at Calcutta via Penang on the 9th of October, 1806.

Note 196, pages 714 and 801. The Rule established by Earl Bathurst.

At the beginning of his administration of the colonies, Earl Bathurst frequently received petitions, memorials and complaints, addressed to him and forwarded direct from residents in N e w South Wales. As it was impossible to decide upon many of the questions involved without reference to the governor, he established the rule that all communications to himself from New South Wales should be forwarded through the governor to enable the governor at the same time to submit a report.

Note 197, page 715. An extract from a despatch.

By the penultimate paragraph of his despatch, dated 30th August, 1828 (see page 365), Sir George Murray ordered Governor Darling to transmit a portion of that despatch to F. Forbes.

Note 198, page 716. The Act which was recently passed in Parliament.

This was the statute 10 Geo. IV, c. vii, entitled " A n Act for the Relief of His Majesty's Roman Catholic Subjects." - It was extended to and declared in force in the colony by the act of council, 10 Geo. IV, No. 9, passed on the 18th of January, 1830.

Note 199, page 717. Contrary to my Instructions.

By his commission (see page 106, volume XII), Governor Darling was empowered to grant lands as follows:—"And we do hereby give and grant

COMMENTARY. 939

unto you full power and authority, with the advice of our Executive Council of our said territory and its dependencies, to agree for such Lands, Tenements and Hereditaments, as shall be in our power to dispose of, and them to grant to any person or persons, upon such terms and under such moderate quit rents, services and acknowledgments, to be thereupon reserved us, according to such instructions as shall be given to you under our Sign Manual."

Note 200, page 718.

The decision.

This decision was announced by Sir George Murray in a despatch, dated 30th August, 1828 (see page 366).

Note 201, page 722.

A question of this importance.

Prior to the discovery and exploration of the watershed of the Darling river, various conjectures were made with regard to the interior of Australia. About the year 1800, the popular idea was the existence of a strait, extending from north to south and dividing Australia into two islands. The discovery of the deep indentation of the coast line between Cape Otway and Wilson's promontory by James Grant in the Lady Nelson in the year 1800 was regarded as evidence in favour of this- theory, until Port Phillip was discovered and examined. The theory of a strait prevailed until Matthew Flinders finally proved the integrity of the continent of Australia. Speculation was then divided into two main schools; one believing in the

theory of an inland sea or great lake, and the other in a vast river flowing -into the sea on the north-west coast of Australia with a watershed, including most of the interior and extending to the western slopes of the main dividing range. The theory of an inland sea received strong support, when J. Oxley discovered the Macquarie marshes in 1818. The westerly and north-westerly course of several rivers, which feed the Darling river, favoured the theory of the " great river " prior to the discovery of the Darling river. The conjectures of both schools were gradually dispelled principally by the discoveries of C. Sturt and T. L. Mitchell.

Note 202, pages 724, 725 and 726.

Mr. Hovell's services.—The Expedition to Western Port.

The " expedition " was sent to Western port, Victoria, in November, 1826, to found a settlement. Samuel Wright acted as commandant, and he was assisted by F. A. Wetherall, captain of H.M. ship Fly. W. H. Hovell was attached to this expedition with the object of conducting explorations; he submitted a report on his examination of the neighbourhood of the port to Governor Darling, dated 27th March, 1827 (see pages xviii et seq. and 8o4 et seq., volume V, series III).

Note 203, page 726.

Explorers.

G Blaxland, W . Lawson and W. C. Wentworth discovered the first route across the Blue mountains in the year 1813 (see notes 131 and 132, volume

John Blaxland, junior, discovered the route, which was practically followed by the great northern road from Wiseman's ferry.

940 COMMENTARY.

Archibald Bell discovered the road, which is still known as Bell's line of road. It commenced at the Kurrajong, and, passing over the summit of Mount Tomah, joined the old western road at Collitt's inn. The road was marked by assistant surveyor Hoddle in the year 1823.

Charles Throsby made numerous discoveries in the country near Goulburn and Lake George, and towards the district of IUawarra.

Mark J. Currie arrived in the colony in October, 1822, as commander of H.M. sloop Satellite. Papers in connection with these explorations will be found in a volume in

series V. The grant to Bell, promised before the 12th of November, 1825, was not

confirmed until the 12th of July, 1839, and the grant to Blaxland, promised before the 6th of August, 1825, until the 30th of April, 1840. Note 204, page 726.

His Discovery.

In the year 1823, W . H. Hovell explored the watersheds of the Nattai and Wollondilly rivers to the west of the modern town of Pieton, and opened up the fertile valley of Burragorang. The same district had been explored by Francis Barrallier in the year 1802 (see note 232, volume III).

Note 205, page 727.

Every important Discovery of the Interior of the Colony has been effected by the Zeal and Enterprise of private Individuals.

The progress of exploration, outside the boundaries of the county of Cumberland, may be summarised in explanation of this statement. Exclusive of the discoveries by John Wilson in the county of Camden in 1798 (see note 58, volume II), by Francis Barrallier in the watershed of the Wollondilly river in 1802 (see note 232, volume III), and by George Caley in the Blue mountains when he penetrated to Mount King George in 1805 (see note 193, volume V ) , the era of exploration commenced with the crossing of the Blue mountains by G. Blaxland, W . Lawson, and W . C. Wentworth in May, 1813 (see note 131, volume VIII). In November and December, 1813, G. W . Evans discovered the Bathurst plains and the Macquarie river, and, in May, 1815, the Lachlan river (see notes 38 and 138, volume VIII). In 1817, John Oxley explored the Lachlan river, and, in 1818, the Macquarie river (see notes 85 and 168, volume IX). In 1818, John Howe accomplished a journey from Windsor to the Hunter river, followed in a few years by the discovery by John Blaxland, junior, of a practicable route for a road to the Hunter river. About the same time, the southern tablelands were explored as far south as Lake George by H. H u m e and C. Throsby; and, in 1819, Throsby connected the discoveries in the south and the west by a journev from Mitta-gong to Bathurst. The district of IUawarra was explored by James Meehan and C. Throsby in the years 1818 and 1819. In 1823, Archibald Bell discovered the second practicable route across the Blue mountains from Richmond via Mount Tomah. In 1824, H. H u m e and W . H. Hovell accomplished their journey from Lake George to Port Phillip (see note 151, volume XI). In 1823, Allan Cunningham discovered Pandora's pass to the Liverpool plains, in 1827 the Darling downs (see note 140, volume XIII), and, in. 1828, the passage through Cunningham's gap from Moreton bay to the Darling downs (see note 132). Besides these discoveries, there were at different dates minor expeditions, notably in the watershed of the Hunter river by several individuals, of the Cudgegong river by W . Lawson, and of the Brisbane river by P. Logan (see volumes in series V ) . Of these discoveries, the most important

COMMENTARY. 941

were probably the passage of the Blue mountains in 1813 and the journey to Port Phillip in 1824, and these were initiated by private enterprise. The important discoveries by Allan Cunningham of Pandora's pass and the Darling downs were only of a semi-official character, Cunningham at the time being employed as a botanical collector for the gardens at Kew, London.

Note 206, page 727.

The late Surveyor-General.—The Officer acting under him.

The references were to John Oxley and G. W . Evans.

Note 207, page 733.

Also page 734.

Our gracious Sovereign . . . commanded.

The reference was to a despatch, dated 20th June, 1825 (see page 671, volume XI).

Note 208, pages 737, 740 and 741.

Huahine.—Tongo Literature.

At Huahine, probably the most systematic attempt was made by missionaries to civilise the natives either of Australia or of the islands of the south seas. A printing press was established, on which pamphlets were produced in the native language. In 1820, at an assembly of chiefs, the missionaries induced the four principal chiefs to agree upon and sign a code of twenty-five laws, which was printed as a large broadside in the native tongue. This code related to (1) murder; (2) theft; (3) animals doing mischief; (4) stolen property; (5) lost property; (6) exchange or sale; (7) observance of the Sabbath; (8) war-eaters; (9) wife of two husbands; (10) a former wife; (11) adultery; (12) forsaking husband or wife; (13) not providing for a wife; (14) matrimony; (15) deceit; (16) unnatural crime; (17) crime with females; (18) fornication; (19) drunkards; (20) dog stealing food; (21) Wild hogs; (22) suicide; (23) accessories; (24) acknowledging crime; (25) bribing of judge. At the same time, judges were appointed, their duties defined, and trial by jury established. At the mission press, arithmetical tables and questions and answers on the

Christian religion were also printed in pamphlet form.

Note 209, page 739.

Ormi, the Native who visited England.

Ormi, or Omai as spelt by James Cook, was a native of Raiatea. When Cook visited the Society group in September, 1773, Ormi had been robbed of his property by neighbouring islanders. T. Furneaux allowed him to remain on board the Adventure, and carried him to England. In England, he _ was caressed by many of the principal nobility," and " did nothing to forfeit the esteem of any one of them." He returned to Huahine with Cook in October 1777, with many presents given to him in England by the earl of bandwich. and others.


The people from Piteairne's Island.

These were the descendants of Fletcher Christian, eight members of the crew of H.M. ship Bounty who had mutinied against William Bhgh m April, 1789 and twenty male and female natives of Otaheite. These persons had

942 COMMENTARY.

landed on Pitcairn island in October, 1789, where the Bounty was burnt and her guns sunk. Owing to quarrels and accidents, all the men except two were killed; and, in 1799, Edward Young a midshipman and John Adams only remained with the women and children. Young died in the following year, and Adams remained as a kind of patriarch. It was not until the year 1808 that the existence of these people was made known by the visit of a naval vessel to Pitcairn island, which had been discovered in July, 1767, by Pitcairn, a midshipman on H.M. sloop Swallow, commanded by Carteret.

Note 211, page 742.

The flag here represented.

In the original, there was a drawing of a flag, divided into three equal horizontal parts, coloured red, white and red respectively.

Note 212, page 742.

P.S.

In another copy of this letter, this postscript was omitted, and the following inserted:— " P.S.—Should their Lordships deem such a visit to the Islands expedient,

the most desirable time would be between April and October, as at that Season the passage can be made from Port Jackson in from twenty to twenty-eight days. " As Captain Beaehey has already submitted home plans of this Harbour,

I need only to add that an abundance of excellent Fresh Beef, Vegetables and water can be obtained, the former at the rate of 3d. p. lb."

Note 213, page 744.

My letter. A copy of this letter will be found on page 91.

Note 214, page 744.

My Lord Goderich . . . informed me.

The reference was to a despatch dated 4th August, 1827 (see page 490, volume XIII).

Note 215, page 746.

My letter. A copy of this letter will be found on page 562 et seq.

Note 216, page 747. Whose conduct.

In despatches, dated 4th September and 30th December, 1828, Governor Darling reported the misconduct of the Reverend Frederick Wilkinson (see pages 386 et seq. and 560 et seq.).

Note 217, page 748. A Periodical Work.

This was the Australian Quarterly Journal of Theology, Literature and Science, which was first published in January, 1828.

COMMENTARY. 943


My former Despatches.—Rule of Law.—Re-enacted.—An Extract.

The despatches were dated 1st March, 24th March, 3rd August, 8th November and 20th November, 1827 (see pages 137 et seq., 187 et seq., 487 et seq., 604 et seq. and 622 et seq., volume XIII).

The ruling dealt with the power of a governor to revoke the assignment of a convict, which F. Forbes and his colleagues, J. Stephen and J. Dowling, erroneously held was not conferred on the governor under the statute 9 Geo. IV, c. lxxxiii.

The statute, 12 Ann, c. vii, entitled, " An Act for the more effectual preventing and punishing robberies that shall be committed in houses," was repealed by the English statute, 7 and 8 Geo. IV, c. xxvii. The last-mentioned statute was adopted by act of council, 9 Geo. IV, No. 1, which at the same time adopted the statute 7 and 8 Geo. IV, c. xxix. The extract was probably the sixth section of the despatch, dated 30th

August, 1828 (see page 361).

Note 219, page 764.

Also pages 765, 767 and 773.

The 9th Section.

The details of this section are recorded in note 104. The section was inserted in the wrong position in the statute (see par. 21, page 270).

Note 220, page 768.

Also page 774.

The transportation Acts. These acts were:— 4 Geo. I, c. xi.—" A n Act for the further preventing Robbery, Burglary and

other Felonies, and for the more effectual Transportation of Felons and unlawful Exporters of Wool, and for declaring the Law upon some Points relating to Pirates." 8 Geo. Ill, c. xv.-—" An Act for the more speedy and effectual Trans

portation of Offenders." 43 Geo. Ill, c. xv.—" An Act to facilitate and render more easy the Trans

portation of Offenders." 56 Geo. Ill, c. xxvii.—" An Act to amend several Laws relative to the

Transportation of Offenders, to continue in force until the First Day of May, One thousand, eight hundred and twenty-one." 5 Geo. IV, c. lxxxiv.—" An Act for the Transportation of Offenders from

Great Britain."

Note 221, page 779.

The Warrant . . . Ms not yet arrived.

The warrant was transmitted by Sir George Murray with his despatch, dated 1st February, 1829 (see pages 623 and 624).

Note 222, page 781.

Application.

This was the usual printed form, the words in italics being inserted in

manuscript.

944 COMMENTARY.

Note 223, page 783.

Recent Orders.

These orders were contained in the despatch from Sir George Murray, dated 22nd June, 1828, and numbered 9 (see page 237).

Note 224, pages 785, 786 and 787.

The Archdeacon proposes.—The suggestions.—In the further Reports.

The references will be found on pages 776 and 777, volume XIII, and on page 49 et seq. in this volume.


The report.—The claims.

The report will be found on page 154 et seq., volume V, series III, and the claims on page 97 et seq. in this volume.

Note 226, page 792.

My Despatch No. 44.

This despatch will be found on page 714 et seq.

Note 227, page 794.

The Opposition Papers of the day spoke in favour.

An extract from the Australian newspaper, dated 25th November, 1826, will be found on page 722, volume XII.

Note 228, page 794.

The two Soldiers.

These soldiers were John Jones and John Dougherty, of the 57th regiment, each of whom maimed himself by shooting off one of his own arms in ordeT to escape military service. They were ordered to be continued in the service and to be employed as scavengers at the barracks on Norfolk island.

Note 229, page 799.


The Act of Council. The act of council, 7 Geo. IV, No. 5, was entitled " A n Act for the Trans

portation of Offenders to Penal Settlements and for the more effectual Punishment and Security of the same."

The preamble recited the order-in-council, dated 11th November, 1825 (see page 89, volume XII), and the proclamation by Governor Darling, dated 15th August, 1826 (see note 232). By the first section, " Communication with places declared to be Penal

Settlements (was) prohibited without license or permission of the Governor in writing." Unauthorised communication was declared a misdemeanour. By section two, it was enacted that persons, heretofore transported under

sentence of any court or competent authority in New South Wales, should be subject to such laws and regulations as shall be in force with respect to convicts hereafter transported.

COMMENTARY. 945

By section three, it was provided that the governor might direct the removal of offenders to such places. By section four, it was provided that the judges and justices might con

demn offenders to serve the governor or acting governor or his assigns for the same time and under the same rules, as if the offenders had been transported from England. By section five, it was enacted that offenders, born in the colony or who

came free, should for the first offence be liable to imprisonment and hard labour within prison walls only, or to assignment in the ordinary manner. By section six, the governor or acting governor was empowered to with

draw from the penal settlements persons sentenced to transportation, and to employ them on the roads or otherwise.

Note 230, page 818.

The testimony.

The evidence of James Maelntyre will be found on page 745 et seg., volume XII.

Note 231, page 825.

My Public Connexion.

In a memoir, published in 1843, William Charles Wentworth stated:— "Being shortly after this (1819) called to the Bar, Mr. Wentworth became acquainted with the late Dr. Wardell, who was the editor of a London evening newspaper called the Statesman. This gentleman accompanied Mr. Wentworth to Sydney in the year 1824, bringing with them materials for the purpose of starting a newspaper in Sydney. This was the origin of the Australian, a publication which rendered the State some service; and, after many hazardous changes, still (1843) continues to flourish. Mr. Wentworth, however, soon relinquished his share of the publication, and devoted himself with success to the more lucrative practice of his profession."

Note 232, page 842.

Proclamation of the 15th August, 1826.

This proclamation was made in pursuance of the order-in-couneil of November, 1825 (see page 89, volume XII), and the settlements at Moreton bay, Port Macquarie and Norfolk island were declared places, within the meaning of that order, to which persons convicted in the colony might be transported.

Note 233, page 846.

Seven men.

A return of men, convicted of crimes or self-inflicted wounds to escape military service, will be found on page 897.

Note 234, page 855.

The punishment.

Joseph Wall was lieut.-governor of Senegal or Goree On the 10th of July, 1782, a deputation of men from the African corps, who for some time had been on short allowance, approached him to obtain a settlement, their leader being Benjamin Armstrong. Wall, when it was alleged m a state of intoxication, immediately had Armstrong arrested and had him floggedI by black natives Armstrong received eight hundred lashes, and soon after died as the

SEK. I. VOL. XIV—3 O

946 COMMENTARY.

result of the punishment. On his return to England, Wall was arrested, but, escaping from custody, lived for many years in Italy and France. In 1801, he returned to England, and was tried at the Old Bailey on the 20th of January, 1802. He was convicted and executed eight days later.

Note 235, page 857.

The Case of Alexander Lookaye.

The despatches on the case of A. Lockaye (Lookaye, Low Kay or Lockage) will be found on page 671, volume XI, pages 242 and 243, volume XII, and page 165 et seq. in this volume.

Note 237, page 859. The report.—Return.

The trial' of J. Sudds and P. Thompson at the quarter sessions was held on the 8th of November, 1826. Evidence was given that, on the 20th of September between 8 and 9 p.m., Sudds and Thompson entered a small shop in Sydney and asked to see some shirting. Sudds selected a piece of about twelve yards, put it under his arm, and walked out of the shop, asking Thompson to pay for it. After using bad language, Thompson soon after left the shop, refusing to pay. Both men were arrested on a charge of larceny. A copy of the certificate of conviction will be found on page 617. Details of the motion for production and the papers laid on the table of

the house of commons will be found in note 174. Note 238, page 863.

Sir John Jamieson. Sir John Jamison possessed a large estate known as Regentville, about

two miles from Penrith. The estate was inherited from his father Thomas Jamison, surgeon's first mate on H.M. ship Sirius in the first fleet, to whom the land was granted. John Jamison was created a knight of the order of Gustavus Vasa by Charles XIII, king of Sweden, for his services during an outbreak of cholera and dysentery in the Swedish army in 1807, when Jamison was a surgeon in the English navy on service in the Baltic sea.

Note 239, page 870. That part of Mr. Wentworth's Letter.

The references will be found on pages 821, 832 and 834.

Note 240, page 872.

Mr. Wentworth states.—Mr. Wentworth alleges. The references will be found on pages 803 and 805.

Note 241, page 874. It is stated.—It is alleged.—In page —.

The references will be found on pages 807 and 834: pages 808, 810 and 815; and page 808.

Note 242, page 875. It is also stated.

The references will be found on pages 811 and 864.

COMMENTARY. 947

Note 243, page 877.

It is stated.

The references will be found on pages 813 and 815.

Note 244, page 878.

Mr. Wentworth alleges.

The references will be found on pages 820, 829 and 830.

Note 245, page 878.

Mr. M'lntyre has already been twice examined.

James Maclntyre was examined before the executive council on the 8th and 9th December, 1826 (see page 745 et seq., volume XII).

Note 246, page 879.

It is further alleged.—It is also alleged.

The references will be found on pages 824 and 827 and pages 830 and 831.

Note 247, page 880.

The letter states.

The reference will be found on page 825.

Note 248, page 881.

Mr. Wentworth alleges.—It is alleged. The references will be found on pages 821, 832 and 834, and pages 839 and

850 et seq.

Note 249, page 898.

Seems to have been seized upon. W . C. Wentworth was in error in this conclusion. Governor Darling desired

to postpone the withdrawal of F. Forbes from the executive council, until the enquiry was concluded; but Forbes declined to participate (see page 899).

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SER. I. VOL. XIV—3 P

INDEX.

Aarons, Joseph qualified approval of pardon for, 611.

Abbott, John assistant-surveyor, 179, 338.

Aborigines ' characteristics of, reported— by Hall, E. S., 596. by Sadleir, B., 57 et seq.

difficulty in civilisation of, 55. establishments proposed for, 59. estimates of expenditure on, 60. example of owning property by, 63. extermination of, probability of, 57. general opinions re, 57. hostility of, in Tasmania, 228. improbability of success in civilisation of,

60, 61. instructions to Sadleir, R., re treatment of,

63. location of, at Elizabeth bay, 596. methods for civilisation of, proposed, 59

et seq., 597. native village formed for, 597. numbers of, 58. outrage on, at Fort Wellington, 350, 351. -problem of civilisation of, 54 et seq. report—

by Scott, Kevd. T. H., re civilisation of, 55 et seq.

on, at Wellington valley, 62. result of apprenticing of, 56, 57. school established for, 56, 597.

Adventure, sloop arrival and departure of, at Newcastle, 159,

160.

Agriculture abolition of government establishments for,

401. average crops in, 141. defective methods in, 140. discontinuance of superintendents of, 517. districts favourable for, 138, 139. effect of droughts on, 136. experiments in, 142. failure of crops through drought, 231. grains cultivated in, 141, 142. influence of transport on, 139.

Agriculture necessity for stabilising market for grain,

137, 138. preference for grazing over, 140, 143, 300. probability o f —

cultivation of tropical products in, 300. improvements in, 138, 141.

report on, by Darling, R., 136 et seq. requisition for implements for, 362, 383. revival in, expectations of, 144. salaries of superintendents of, 84.

Aird, W. land grant to, 479'.

Airds cultivation of grain at, 138.

Albion, ship convicts per, 2. despajch per, 172, 175, 183, 188, 190, 192,

193, 194, 199, 416, 417.

Allan, Andrew application for land grant for, 669, 670.

Allan, David (dep. commissary-g-enl.) application by, for land grant for son, 669,

670.

Allig-ator, schooner arrival and departure of, at Newcastle, 159. condemnation of, 375. sale of, 521.

Allman, F. land grant to, 479.

Almorah, ship procedure adopted in case of, 32, 33.

Amelia, sloop arrival and departure of, at Newcastle, 159,

160.

America, ship convicts per, 575. despatch per, 607, 673, 683, 693.

Anderson, David petition from, re salary for schoolmaster,

396.

964 INDEX.

Anderson, J. petition from, re salary for schoolmaster,

396.

Anderson, James (assist.-surg-eon) evidence of, at trial of Kelly, J., 901.

Anderson, Matthew (assist.-surg-eon) land grant to, 479. promotion of, as surgeon, 633, 634. report by, as member of board of female.

factory, 186, 187, 653 et seq.

Anderson, W. inability of, to obtain particulars re con

victs, 565. letter from, to Macleay, A., 565.

Ann, brig1

claim of Panton, G., re seizure of, 533, 534.

Ann, sloop arrival and departure of, at Newcastle, 160.

Appin attendance at school at, 53, 54. cultivation of grain at, 138. school established at, 52.

Appleyard, Robert Ti. letter from, to Twiss, H., 340,

Apsley, parish of land- grant in, to clergy and school estates,

641.

Archdeacon appointment of, as member of legislative

council, 623. necessity for issue" of marriage licenses by,

400. registrar for court of, 392.

Argyle, district of court-house required for, 354. land grants for explorations in, 726. military detached for police duty in, 404,-

708. police magistrate appointed for, 404, 708. return of land grants in, 671,-672. salary of jailor at, 630.

Armstrong-, Benjamin trial of Wall, J., for death of, 855,

Arndell, James land grant to, -671.

Arthur, George (lieut.-g-overnor) employment of catechists at penal settle

ments proposed by, ,.12^ . Gazette established by, 35. letter from, to Howe, R., 35.

Attorney-general

appointment of, as member of legislative council, 623.

duties of, 371 et seq. inexperience of, 444. necessity for appointment of competent

lawyer as, 7, 8.

Audit office allowance of extra expenditure in, 707. approval of separation of, from office of-

accounts, 163. establishment of, 123, 278, 279, 382. inadequacy of establishment of, 277, 278

et seq. increase of salaries in, 277, 282, 702. location of, proposed in chief justice's house,

181. proposal for increase of office hours in, 702. reforms proposed in, 280. report by Lithgow, W., re, 278 et seq. request for approval of payment to clerks

in, 380.

Anditor-g-eneral


Auley, Ferdinand land grant to, 671.

Austin, John

petition from, re salary for schoolmaster, 396.

Australia, north See "Fort Wellington," "Melville island."

Australia, ship despatch per, »80, 3S2, 383, 385, 386, 391,

690, 692, 693, 696, 698, 699, 700, 701, 709, 712, 713, 714, 716, 720, 721, 723, 274, 729.

Australian agricultural company assignment of convicts to, 547. boring for coal by agent of, 32, 544, 545. . boundaries of land grant proposed for, 370,

548, 549. coal to be supplied by, to government, 274. concessions in favour of, 540, 541. convicts to be assigned to, 273. instructions to Darling, R., re land grants-

for, 53'8 et seq. land at Newcastle to be granted to, 272

et seq., 539. lease of coal-mines proposed to, 539, 540,

541. letter to—

committee of, from Darling, R., 542, 543, 602. : , • -

governor of, from Macarthur, J., 544. i:

INDEX. 965 Australian agricultural company military and police provided for, 548. mining operations to be abandoned by, 546. monopoly in coal-mining granted to, 274. non-receipt of reply from, re coal-mines,

617, 677. occupation of land by, 547. offer by, of mining gear to government,

542, 546. proposal to give possession of land to, 369,

547 et seq. proposed employment of Halloran, L. H.,

by, 392. provision for resumption of coal lands from,

274. quit rent on coal lands granted to, to be

perpetual, 274. Tefusal of Macarthur, J., to accept land for,

369, 370, 547, 548, 549. report by— committee of, re eoal-mindng, 544 et seq. Darling, R., re 32, 540.

request for report made by committee of, 543.

transfer of coal-mines to, 272 et seq., 538 et seq., 602.

"Australian" (newspaper) alleged request to Wentworth, W. C, from

Darling, R., re, 7'98, 825, 891, 892. confidential information supplied to, 259. criticism in, re case of Sudds, J., and

Thompson, P., 619, 621, 858. transmission of series of, 3.

Australian quarterly magazine review in, on pamphlet by Marsden,

Revd. S., 336.

Balcombe, —, jr. recommendation of, as settler, 2.

Balcombe, William death of, 688. financial distress of family of, 688. lard grant to— for town residence, 41, 598. in country, 478.

memorial from, re instalments on land purchased, 207.

Ballantine (Ballantyne), James objections to proposed explorations by, 199.

Bank of Australia act of council re, 576. bills discounted by, 136. capital of, 136. effect on, of suspension of bank of N.S.W.,

553. preference of public for, over bank of

N.S.W., 136.

Bank of New South Wales act of council re, 257. application by, for loan from government,

t 549 et seq., 551, 558, 559. balance-sheet of, 559. bills discounted by, 136, 550, 552. capital of, 136, 551, 560. causes of distress of, 559. conditional loan granted to, 551, 555, 556,

558. dividends declared by, 559. evidence re effects of suspension of business

of— by Browne, Jemmett, 554, 555. by Jones, R., 552, 556. by Macarthur, J., 552. by Savage, T. G., 554. by Wollstonecraft, E., 553, 554.

examination of president of, 551, 552. inquiry by executive council re, 549, 551

et seq. list of shareholders in, 5-60. mismanagement of, 549. proposal for loan to, by Darling, R., 555,

557, 558. reasons for granting loan to, 550. resolution of proprietors re proposed loan

to, 556. shares of, methods adopted for increase of,

350, 746. unpopularity of board of, 136.

Bannister, Saxe

application by, for leave of absence, 103. character of, 8. complaints made by, 103. inaccuracy of statements of, 104. land grant to, 478, 671. letter from, to Darling, R., 757, 758. letter to, from Darling, R., 104. opinion by, re guilt of Harper, G., 757, 758. refusal of secretary of state to listen to

complaints by, 416. resignation of, 104. unsuitability of, 8, 444.

Barbadoes

instructions re convict transported from, 780.

Barff, — missionary at Otaheite, 740.

Barker, Thomas petition from, re salary for schoolmaster,

396.

Barnard, Edward (colonial agent)

letter to, from Darling, R., 17.

966 1IS

Barracks approval of proposed repairs to, 527. repairs proposed to, at Sydney, 112 et seq.

Barren hills convicts employed at, 637.

Barrow, John letter from, to Twiss, H., 607.

Batavia trade with, 132.

Bathurst abolition of government farm at, 401. appointment of Robison, R., to, 112. attendance at school at, 53. average valuation of land at, 309. convicts employed at, 637, 647. discontinuance of superintendent of agricul

ture at, 517. hospital at, 204. land grant for discovery of road to, from

Richmond, 726. military quartered at, 229. opening of reserves of land at, for selection,

287. post-office at, 449. salary of jailor at, 630. school established at, 52.

Bathurst, county of land grants in, to clergy and school estates,

641.-return of land grants in, 671, 672.

Bathurst, earl

letter from, to governor of N.S.W., 223.

Baulkham hills attendance at school at, 54. cultivation of grain at, 138. school established at, 52.

Baxter, Alexander Macduff (attorney-general)

application by, to purchase land, 780 et seq, appointment of, as member of legislative

council, 623. arrival of, 126. assistance given to, by Gellibrand, J. T.,

241, 53-2. incompetency of, 8, 444. land grant to— for town residence, 41, 598. in country, 478.

letter from— to Darling, R., 369, 371. to Gellibrand, J. T., 241. to Macleay, A., 604, 781, 782.

Baxter, Alexander Macduff (attorney-general)

letter to— from Gellibrand, J. T., 241. from Macleay, A., 782, 784.

opinion of— re duties of attorney and solicitor general,

371 et seq. re office of crown solicitor, 369. re registry of vessel built in New Zealand,

604. salary of, 126, 447. stationery for, 447.

Bayne, Henry trial of, 431. witnesses proposed in case of, 148, 420, 422,

423, 425.

Beatie, John petition from, re salary for schoolmaster,

396.

Beaufort, parish of land grant in, to clergy and school estates,

6-41.

Beauvais, Alexander approval of payment to, 698, 699. report requested re, 699.

Beddek, Francis clerk to bench of magistrates, 437. land granted to wife of, as marriage por

tion, 535.

Belford, parish of land grant in, to clergy and school estates,

641.

Bell, — recommendation of, as settler, 1.

Bell, —, jr. land grant to, for discovery of road from

Richmond to Bathurst, 726.

Bell, Archibald nomination of, for vacancy in legislative

council, 624.

Bell, David petition- from, re salary for schoolmaster,

3-96.

Bell, John land grant to, 671.

Belubula, parish of land grant in, to clergy and' school estates,

641.

Bemi, F. D. draftsman in survey office, 179, 338.

INDE.

Bench of magistrates appointment of police magistrate at Camp

bell town, 127. criticism by Forbes, F., on records of, 440. gambling amongst members of, 588. necessity for— court-houses for, in country districts, 353. increase of, in country districts, 38.

plans for court-houses for, in country districts, 354.

procedure adopted by, in trial of cases, 435, 436, 439.

punishments inflicted by, 236. records of, 236. temporary act passed re jurisdiction of, 690. trial by, of Earles, W., 432, 437, 438, 439,

442.

Benevolent asylum abstract of accounts of, 40, 102. additions proposed to buildings of, 40. annual grant proposed for, 39. commendation of officers of, 40. disapproval of building of wing for, 415. instructions re government assistance for,

415. objections to annual grant for, 39, 415. return of persons relieved at, 40, 103. salary of superintendent and matron of, 631. transmission of plan and estimates for addi

tions to, 102. weekly expenditure on patients at, 39.

Bennett, Henry Anthony Burlton removal of, as superintendent of agricul

ture at Norfolk island, 701.

Berry, Alexander memorial from, re instalments on land pur

chased, 207. nomination of, as member of legislative

council, 153, 623. vessel taken by convicts from, 737.

Betting-ton, J. B. shares held by, in bank of N.S.W., 560.

Betts, — recommendation of, for appointment, 692.

Beveridge, A. petition from, re salary for schoolmaster,

396. shares held by, in bank of N.S.W., 560.

Blachford, — land granted to, as marriage portion, 535.

Black town school for aborigines at, 56.

Blackburn, James trial of, 152.

*• 967

Blake, George recommendation of, as settler, 1.

Blanch, J. shares held by, in bank of N.S.W., 560.

Bland, William commendation of services of, 40. medical officer to benevolent asylum, 40.

Blaxcell, Garnham suicide of Throsby, C, due to defalcations

of, 118, 119.

Blaxland, Gregory application from, for land grant for culti

vation of tobacco, 537, 608, 609, 642, 643.

drawback and reduction of duty on brandy granted on application of, 322.

land grant to, for exploration of Blue mountains, 726.

letter from— to Hay, R. W., 643. to Huskisson, W., 4. to Twiss, H., 608.

letter to— from Hay, R. W., 609.

reduction of duty on oil of rape seed due to, 371.

request by, for land grant and permission to mine for coal, 4.

salt works established by, 4.

Blaxland, John appointment of, as member of legislative

council, 623. claim' of— for loss of horses, 251. for non-assignment of artificers, 251. for resumption of town allotment, 251.

compensation proposed for, in land, 250, 252.

Blaxland, John, jr. land grant to, for discovery of road to

Hunter river, 726.

Blue mountains land grants for discovery of route over, 726.

Boddington, ship despatch per, 247, 248, 2.52, 257, 258, 260,

277, 282, 284, 311, 315, 317, 323, 326, 329, 330, 332, 334, 335, 336, 341, 344, 345, 347, 350, 3.52, 355, 367, 368, 369, 371, 374, 375, 377, 378, 379.

Bodenham, T. shares held by, in bank of N.S.W., 560.

968 INDEX.

Bong Bong parsonage required at, 50, 51. road party stationed at, 72. school required at, 50.

Booth, William sentence passed on, at quarter sessions, 395.

Borodino, ship charter of, to convey convicts to Moreton

bay, 374, 375, 706.

Botanical garden approval of expenditure on, 85. convicts employed at, 636, 647. salaries of staff of, 631. transmission of report on, 3.

Botany, parish of land grant in, to clergy and' school estates,

641.

Bow, John absconding of, 194.

Bowen, G. M. C. disallowance of appointment of, as commis

sioner of survey, 447. land grant to, 671.

Bowman, James (principal surgeon) appointment of, as inspector of hospitals,

625, 633, 634. examination of, by executive council, 882,

883. land grant to, 479. letter from— to Condamine, T. de la, 248. to Darling, R., 543. to governor of A.A. company, 544. to Macleay, A., 350.


opinion of, re death of Sudds, J., 882. report by, re small-pox on ship Bussorah

Merchant, 3'50.

Brandy drawback and reduction of duty on, 322.

Branxton, parish of land grant in, to clergy and school estates,

641.

Brazil trade with, 132.

Bremer river visit of Cunningham, A., to, 668.

Brewing development of, 129.

Bringelly attendance at sehool at, 53, 54. school established at, 52.

Brisbane, Sir James disapproval of house rented for, 407. memorial tablet proposed for, 225. particulars re house provided for use of, 24.

Brisbane, Sir Thomas inquiry by, re charges against Douglass,

H. G., 147 et seq. interference in colonial affairs by aide-de

camp of, 341. lands sold by, 346. payment to, for astronomical instruments,

161, 470.

Brisbane, sloop arrival and departure of, at Newcastle, 160.

Brisbane town See also "Moreton bay."

commandant at, 668, 700. instructions for erection of parsonage at,

788. parsonage required at, 50, 51. school required at, 50, 51.

Brodie, George Sinclair overseer for Macleay, A., 389.

Brooks, George (assist.-surgeon) land grant to, 479. promotion of, as surgeon, 63-3, 634.

Brooks, William land grant to, 671.

Browley attendance at school at, 54. school established at, 52.

Brown, Abner petition from, re salary for schoolmaster,

396.

Brown, James petition from, re salary for schoolmaster,

396.

Brown, John draftsman in survey office, 179, 338.

Brown, William shares held by, in bank of N.S.W., 560.

Browne, James land grant for, 195, 196.

Browne, Jemmett opinion of, re suspension of bank of N.S.W.,

554, 555.

INDEX. 969 Browne, William attempted suicide of, 119. nomination of, proposed to council, 119.

Brownlow hill land granted to Macleay, A., at, 386, 389,

390, 589.

Bruce, James George clerk in audit office, 381. salary of, 381.

Bryant, Martin sentence passed on, at quarter sessions, 395.

Buchanan, J. petition from, re salary for schoolmaster,

396.

Buchanan, W. (assist.-engineer) land gjrant to, 479.

Budge, Samuel petition from, re salary for schoolmaster,

396.

Bell, John land grant to, 671.

Bunbury Curran cultivation of grain at, 138.

Bunn, George appointment of, as arbitrator on claims of

Lord, S., 157. trial of Lockaye, A., by, 170.

Busby, James arbitration on claims of, 100. claim for remuneration by, 100, 790, 792. dismissal of, 100. employment of, on orphan school estates,

96, 100. letter from, to Macleay, A., 512. letter to, from Mackaness, J., 513. opinion by— re assistant to warehouse-keeper, 568

et seq. re problems of land grants, 299 et seq.

report by— on application of Connor, M., for land

grant, 818 et seq. on fees in courts of requests, 748 et seq. on post-office, 449, 450. on requisitions, 19 et seq.

Busby, John employment of, on Sydney water supply,

626. instructions re salary of, 220. land grant to, for town residence, 41, 598. salary of, as mineral surveyor, 83, 626.

Bushnell, — wound self-inflicted by, to escape military

service, 897.

Bussorah Merchant, ship convicts per, 2. despatch per, 9, 10. gratuity withheld from master and sairgeon

of, 706. occurrence of small-pox on, 348, 349, 350. quarantining of passengers and crew of, 348

et seq.

Burragorang exploration of, by Hovell, W. H., 726.

Butler, Henry

appointment of, as assistant surveyor, 793.

Butterworth, parish of land grant in, to clergy and- school estates,

641.

Byers, Bdward duties proposed for, in customs department,

694.

Byng, Edmund letter from, to treasury, lords of, 339.

Byrne, Ann mistake in indent of, 117.

Cahnac, Henry H. T. report by Darling, R., on application of,

for land grant, 622.

Calvert, parish of land grant in, to clergy and school estates,

641.

Camden, county of land grant in, to clergy and school estates,

641.

Cameron, Charles (transport surgeon)

inability of, to obtain details re convicts, 697.

letter from, to Macleay, A., 697.

Cameron, Hugh land grant to, 671. petition from, re salary for schoolmaster,

396.

Campbell, Alexander petition from, re salary for schoolmaster,

396.

Campbell, John (bt.-major, 57th regt.)

relief for, as commandant at Melville island, 330.

970

Campbell, John Thomas nomination of, for vacancy in legislative

council, 624. resignation of, as collector of customs, 237.

Campbell, Margaret shares held by, in bank of N.S.W., 560.

Campbell, F. salary of, as superintendent of road parties,

71, 73.

Campbell, Robert appointment of, as member of legislative

council, 623. bonded stores leased from, 754. compensation to, for loss of ship Sydney,

709 et seq. land grant to, at Limestone plains, 710, 711. letter from, to Darling, R., 710. letter to— from Darling, R., 711. from Lithgow, W., 711.. from Ovens, J., 710, 711.


shares held by, in bank of N.S.W., 560. spirits bonded by, 754, 755.

Campbell town appointment of police magistrate for, 127. approval of purchase of court-house at, 194. attendance at school at, 53, 54. fees taken in court of request at, 749. parsonage required at, 50. post-office at, 449. school established at, 52.

Candles manufacture of, 129.

Cape of Good Hope importation of grain from, 231, 232. trade with, 132. transportation of Lahsbusch, F. van, from,

778, 779.

Cape Facket, ship despatch per, 120, 122, 144, 145, 153, 158,

163, 165, 176, 180, 183, 188, 191, 193, 194, 196, 199, 200, 201, 203, 205, 206, 209, 210, 211, 212.

Cape, William land grant to, 671.

Carney, John conviction of, for robbery to escape military

service, 846, 847, 897.

Caroline, ship despatch per, 411, 416, 417, 435, 443.

Carter, William land grant to, 478. letter from, to Macleay, A., 631. master in chancery, 76. memorial from, re instalments on land pur

chased, 207. proceedings of judges in suits initiated by,

358. trial and conviction of Sudds, J., and

Thompson, P., by, 617, 802, 860.

Carters' barracks convicts employed by, 636, 647. salaries of staff at, 629. tradesmen employed at, 21.

Castle hill attendance at school at, 54. school established at, 52. school-house required at, 50, 51. transfer of insane patients from, 211.

Castlereagh attendance at school at, 53.

Castlereagh river exploration of, by Sturt, C, 722.

Caswell, William recommendation of, as settler, 2.

Catechists proposed employment of, at penal settle

ments, 128. return of, 78.

Catherine Stewart Forbes, ship convicts per, 575.

Cartwright, Beverend Bobert location and salary of, 78.

Cavenagh, F. assistant surveyor, 179. land grant to, 478. shares held by, in bank of N.S.W., 560.

Census act of council for, 258.

Ceylon instructions re registry of shipping at, 530,

531.

Chaffey, B. clerk in audit office, 275, dismissal of, 279, 282. qualifications of, 278. salary of, 278.

Challenger, H.M. ship possession to be taken of Swan river by,

743.

Chambre, A. recommendation of, as settler, 1.

INL

INDE.

Chandler, James salary of, as catechist, 78.

Chapman, — evidence of, re Lockaye, A., 170.

Chapman, Matthew land glrant to, 671.

Charlotte, sloop arrival and departure of, at Newcastle, 159,

160.

Charter of justice proposal for issue of, 7.

Chief justice abolition of—

necessity for certificate by, re acts for council, 267, 268.

official residence of, proposed, 180 et seq. allowance in lieu of residence proposed for,

182. appointment of, as member of legislative

council, 623. exclusion of—

from executive council, 121, 195. proposal for, from legislative council, 121,

195, 444. paramount power assumed by, 195. precedence for, 513-.

China possible exports to, 133. trade with, 132.

Chisholm, Alexander petition from, re salary for schoolmaster,

396.

Chisholm, James petition from, re salary for schoolmaster,

396. shares held by, in bank of N.S.W., 560. spirits bonded by, 754, 755.

Christian, C. M. recommendation of, as settler, 2.

Christie, G. D. (lieut., 3rd regt.) visit of, to Emu plains with Robison, R.,

864, 887.

Church missionary society assistance offered by, re natives, 61.

Circuit courts power in N.S.W. bill for institution of, 264.

City of Edinburgh, ship freight of, to Moreton bay with stores and

convicts, 522. want of details re convicts on, 565.

Clancy, John doubt re accuracy of sentence of, 117.

*• 971

Clarke, Henry land girant to, 671.

Claudine, ship convicts per, 575.

Clergy annual expenditure on, 52. church fees for, 790. increase in number of, 127. land grants proposed for, 786, 787. necessity for— adequate stipends for, 786. selection of, 128.

parsonage, glebe and land grant for, 786. proposals re stipends for, 785. return of, 78, 127. sites for parsonages proposed for, 50, 51.

Cliffe, B. H. recommendation of, as settler, 1.

Clocks, government salary of superintendent of, 631.

Close, Edward Charles appointment of, as member of legislative

council, 623.

Cloth manufacture of, at Parramatta, 128.

Coal absence of, at Port Stephens, 544. export of, 133. financial prospects of mining for, 544, 545. intention of A.A. company to abandon min

ing for, 546. mines for, to be given -to A.A. company,

272 et seq. monopoly in mining for, granted to A.A.

company, 274. objections to agreement with Winder,

T. W. M., re, 539. position of mines for, at Newcastle, 540. production of, at Newcastle, 129, 130, 159,

160. proposal for lease of mines for, to A.A. com

pany, 539. search for, by Henderson, — , 543, 545.

Cobb, John petition from, re salary for schoolmaster,

396.

Cock-fighting gambling on, 588.

Cohen, F. J. shares held by, in bank of N.S.W., 560.

Cole, John recommendation of, as settler, 2.

972 INDEX.

Collector of internal revenue advantages of appointment of, 25, 26. bonds to be given by, 633. establishment of office of, 123. increase in moneys collected by, 334. moneys collected by, in half-year, 193, 334. office accommodation proposed for, 181. quit rents to be collected by, 516.

Collins, Thomas letter from, to Hay, R. W., 465. request by, for confirmation of land- grant,

465.

Colthorpe, — crime committed by, to escape military

service-, 897.

Commander-in-chief in India letter to, from Laws, J. M., 739.

Commerce See also "Trade."

exports— annual value of, 130, 1-91, 134. articles of, 1-34. of coal, 133. of timber, 133. development of, expected, 133, 134.

imports— annual value of, 130, 131. articles of, 131. countries of origin of, 132. excess of, over exports, 130. of wheat, 132.

introduction of capital, 131.

Commissariat convicts employed by, 636, 647. inquiry re administration of, 126. necessity for augmentation of, 126. notes issued by, proceedings of board in

destruction of, 323 et seq. transmission of requisitions for, 17, 18.

Commons, house of See "House of commons."

Competitor, ship convicts per, 2. despatch per, 19-5, 200-, 214, 215, 216, 217,

218, 219, 220, 224, 225, 243-, 245.

Condamine, Thomas de la (lieut., 57th regt.)

letter from, to Wemyss, W., 474. letter to—

from Bowman, J., 248. from Rodd, J., 213.

official employment of, 591. report by, as member of board of female

factory, 186, 187, 653 et seq. statement by Hall, E. S., re emoluments of,

593.

Connell, James pardon for, 575.

Connor, Michael deposition— by, 320, 3-21. by Redfern, W., re, 321, 822.

memorial from, re application for land grant, 318, 703, 704.

report by land board on application from for land grant, 318 et seq.

schedule of capital lodged by, 320.

Conroy, John letter from-, to treasury, lords of, 339.

Constable, Benjamin examination of, by executive council, 886.

Convicts assignment of, transported from Scotland,

614, 615. approval of issue of clothing to, 494. characteristics of descendants of, 580. clothing for, 22, 216. comparative statement of crime amongst, 29. cost of maintenance of, 125, 574. defective indents of, 116 et seq. d'eprediaitioins by, at Society islands, 737

et seq. detailed statements required re, 565. difficulties in control of, 3-8. disposal of, after assigned service, 648. distribution of, in penal settlements and road

parties, 72. • employment of— as schoolmasters, 789. in road parties, 70, 71.

establishment for, to be maintained on fixed scale, 415.

half-yearly issue of clothing to, 188, 189. inability of transport surgeon to obtain par

ticulars re, 56-5, 696, 697. instructions re pardons for educated class

of, 409. issue of maize meal to, 141. iron collars for females, 885. legislation proposed for control of, 765. limitation of, in employment by govern

ment, 646, 647. manufacture of cloth for clothing of, 128. necessity far—

power for transfer of, from place to place, 763.

prevention of wives of, committing crime, 115.

objections to employment of, as clerks, 277, 377, 378.

opinion by Forbes, F., re— illegality of tickets of leave for, 6, 767

et seq.

INDEX. 973 Convicts opinion by Forbes, F., le—•

want of power to make conditional assignments of, 6, 361, 767 et seq.

pardons for— approval of, 161, 611. submission of, 210.

particulars re, given to surgeons of transport ships, 242, 243.

per— Albion, 2. America, 575. Bussorah Merchant, 2. Claudine, 575. Competitor, 2. Countess of Harcourt, 2. Ihmvegan Castle, 575. Eliza, 2. Elizabeth, 114, 185. Harmony, 186. John, 575. Katherine Stewart Forbes, 575. Layton, 575. Lord Melville, 2. Louisa, 186. Lucy Davidson, 575. Marquis of Hastings, 2. Mermaid, 2-, 575. Morley, 575. Nithsdale, 575. Norfolk, 575. Phoenix, 2. Princess Charlotte, 186. Princess Royal, 2. Royal George 2. Sarah, 575. Sovereign, 575. FiMorta, 2. I-TaJerioo, 575.

power of governor over, 9, 270, 361, 767 er; «eg., 773 et seq., 837 e( seq.

preference of, for service in iron gangs to penal settlements, 850, 851, 852, 881, 892.

proposal for suspension of transportation of female convicts, 652.

proposals by Maddox, G. T., for reduction in expenditure on, 173 et seq.

reduction of bread ration for, 232, 233. restriction of pardons for, when transported

for life, 611.

.return of— applying for tickets of teave, 317. arrived in colony, 649. employed by government, 636, 637, 647.

in receipt of—• certificates of freedom, 649. tickets of leave, 649.

maintained by government, 637, 648.

Convicts returns of tickets of leave for, to be pre

pared, 610. sentences passed on, at quarter sessions, 395. suspension of allowance on land grants for

maintenance of, 284. term for service of, in road parties, 648. tickets of leave for, administration of, 315

et seq. transportation of, from Ireland, 653. value of labour of, 572, 574.

Convicts, female See under "Female factory."

Convicts, superintendent of additional clerks in office of, 216, 217, 695. approval of establishment for, 481, 534. detail of duties of clerks in office of, 68, 69. duties of office of, 66 et seq., 412 et seq. inability to maintain fixed establishment for,

649, 650. objections to employment of convicts as

clerks by, 377, 378. organisation of office of, 65 et seq. return of clerks in office of, 69. salaries in department of, 83, 629. salary of, 626.

Cook, James (captain, B.N.) presents left by, at Society islands, 739.

Cooke attendance at school at, 53. cultivation of grain at, 138.

Cookney, George refusal of claim of, for compensation, 192.

Cooper and Levey spirits bonded by, 754.

Cooper, Daniel shares held by, in -bank of N.S.W., 560.

Cooper (?Cowper, Henry) (assist.-surgeon)

complaint by, re wine for hospitals, 780.

Cooper, Bobert shares held by, in bank of N.S.W., 560. suit for ejectment against, 592.

Cordeaux, William land for A. A. company approved by, 370. letter from, to Darling, R., 298. report by, on general average valuation of

lands, 298, 309.

Cornelia parsonage required at, 50. school-house required at, 50, 51.

974 INDEX.

Coroners

fees for, 84. power of governor for removal of, 403. salaries for, 627, 631, 714.

Cotton, Michael Cullen appointment o f —

as collector of customs, 249, 250. as member of legislative council, 623.

arrival of, 641. expected arrival of, 567'. letter from, to Macleay, A., 694.

Coulson, H. petition from, re salary for schoolmaster,

Council, executive absence of Forbes, F., from inquiry by, re

impeachment, 898, 899. accommodation of, 181. appointment of clerk of, in England, 190,

191. appropriation of chief justice's house pro

posed for, 181. comparison of minutes of, with papers pub

lished by parliament, 870, 881. composition of, proposed—

by Darling, R., 121, 122. by Macarthur, J., 120, 121.

constitution, jurisdiction and province of, 828, 829.

criticism by, of language of Wentworth, W. C, 872.

difficulties of Darling, R., in frequent consultations with, 716 et seq.

evidence collected b y — re alleged substitution of irons, 874. re conduct of military, 872. re effect of irons on Sudds, J., 872, 873,

874. re illness and death of Sudds, J., 878. re illness of Thompson, P., 874. re irons used in colony, 874, 875. re omission to hold inquest on Sudds,

J., 879. re preference of convicts for labour in

iron gangs to penal settlements, 881. re removal of irons from E m u plains,

877. re reports on illness of Sudds, J., 879. re request by Darling, R., for assistance

of Wentworth, W . C , 880, 881. re weight of irons used on Sudds, J., and

Thompson, P., 875 et seq. examination before—•

of Bowman, J., 882, 883. of Constable, B., 886. of Dumaresq, W., 883, 895. of Gibbons, M. J., 885, 886.

Council, executive

examination before—• of Hill, H., 884. of Icely, T., 886, 887. of Kinghorne, A., jr., 895, 896. of Kinghorne, J., 887, 888. of Lockyer, E., 896, 897. of Lovell, J., 884, 885. of Mitchell, J., 890, 891. of Moore, W . H., 891. of Nye, C , 8*5. of Plumley, G., 889. of Robison, R., 893, 894. of Shadforth, T., 834. of Steel, H., 892, 893. of Thorp, J., 884.

examination by, of chains used on Sudds, J., and Thompson, P., 868.

example of, in India, 121, 122. exclusion of chief justice proposed from,

121, 195. inability of, to administer oaths, 897. influence of Darling, R., on members of,

827.

inquiry b y — in ease of Sudds, J., and Thompson, P.,

827 et seq. re impeachment of Wentworth, W . C,

867 et seq.

instructions to governor for consultation with, 366.

invalidity of opinion of, in case of Sudds, J., 829.

leakage of information from, 110.

minutes of— re average valuation of lands, 309 et seq. re death sentence on Kelly, J., 41. re land' for church and school estates,

639, 640. re loan to bank of N.S.W., 551 et seq. re measures for prevention of small-pox,

348, 349. re pension for Cubitt, D., 683. re relief for purchasers of land, 346, 347.

nomination of successor to Forbes, F., on, 519.

objections to judges as members of, 444, 445.

precedence for members of, 200, 201, 513. prohibition of judges as members of, 366-,

718.

protest— by Robison, R., against examination by,

869. by Wentworth, W . O., against inquiry by,

re impeachment, 897, 898.

reference of impeachment of Darling, R., by Wentworth, W . C , to, 793.

INDEX. 975 Council, executive

refusal of Moore, W. H., to swear to his examination by, 871.

removal of Forbes, F., from, 366, 519. submission of problems re land grants to,

291 et seq. transmission of minutes of, 3. uniform for members of, 201. wing of hospital appropriated for use of,

601. withdrawal of Darling, R., from, during

inquiry re impeachment, 867.

Council, legislative

abolition of—

chief justice's certificate re acts before presentation to, 267, 268.

oath of secrecy for members of, 269, 270. right of governor to legislate in dissent

from, 269.

statutory rules for, 266. accommodation of, 181. account by Forbes, F., of passing of act

of indemnity for magistrates by, 424 et seq.

acts of— confirmation of, 576. for vesting orphan school estates in

church corporation, 100. submission of, for approval, 257, 258, 677.

appointment of clerk of, in England, 190, . 191.

commendation of members of, 271.

composition of, proposed— by Darling, R., 121. by Macarthur, J., 120, 121.

control of press to be considered by, 276. delay in arrival of warrant for, 689, 690,

779. difficulty in nominating successor in, to

Throsby, C, 119. disallowance of stamp act passed by, 576. disapproval by Scott, Revd. T. H., of act

of indemnity passed by, 234, 236. effect of form of oath of members of, 9. enrolment of acts of, in supreme court, 268. exclusion of chief justice proposed from,

121, 195, 444. increase in number of, 265. instructions re vacancies in, 622. legis-Wave powers of, 9, 265, 266, 267', 26®,

269, 270. necessity for presence of governor at

debates in, 266, 267. nomination of Berry, A., as member of,

153. opinion of Forbes, F., re secrecy of de

liberations of, 9.

Council, legislative

precedence for members of, 200, 201, 269, 514.

precis of acts to be published in newspapers, 270.

proposed location of, in chief justice's house, 181.

rules— for meetings of, 266. for procedure of, 266.

transmission of volume of acts of, 23'. uniform for members of, 201, 514. warrant for appointment of, 623, 624. wing of hospital appropriated for use of,

601.

Countess of Harcourt, ship convicts per, 2. despatch per, 80, 160, 161, 162, 163, 416,

417.

Court of requests

issue of summonses by, 752. report on fees taken in, 748 et seq. salaries for registrars and officials in, 750,

751, 752. temporary aot passed re jurisdiction of, 690.

Courtenay, T. P. letter from, to Hay, R. W., 496. letter to— from Dart, J., 496. from Hay, R. W., 495.

Coutts, Thomas petition from, re salary for schoolmaster,

396.

Cowpastures road party stationed at, 72.

Cowper, Charles clerk to clergy and school estates corpora

tion, 97, 564. letter from, to Macleay, A., 97.

Cowper, Reverend William

approval of settlement of claims of, 708, 709. commutation allowance for, 709. land grant to daughter of, as marriage por

tion, 385, 671. location and salary of, 78.

Cowper, S. M. land grant to, 385, 671.

Cowper, William


976 INDEX.

Cox, William average valuation of land by, 309.

Cox's river military quartered at, 229. road party stationed at, 72.

Craig, George petition from, re salary for schoolmaster,

396.

Crawford, — wound self-inflicted by, to escape military

service, 897.

Crawford, Bobert petition from, re salary for schoolmaster,

396.

Crawford, Thomas petition from, re salary for schoolmaster,

396.

Croker, J. W. (secretary to admiralty)

letter to, from Laws, J. M., 741.

Cross, Beverend John location and salary of, 78.

Crotty, F. C. shares held by, in hank of N.S.W., 560.

Cubitt, Daniel pension granted to, 682, 683.

Cumberland, county of grant of land to Graham, T., in, 671. land grants in, to clergy and school estates,

641.

Cumnaroy school established at, 52.

Cunningham, Allan explorations by, 199, 668, 669. return of, from exploring expedition, 471.

Cunningham, C. petition from, re salary for schoolmaster,

396.

Cunningham, Feter certificate by, re improvements by Ogtilvie,

W., 526. land grant to, 671.

Cunningham, B. D. shares held by, in bank of N.S.W., 560.

Currency

See " Specie and currency."

Currency Lad, sloop arrival and departure of, at Newcastle, 159,

160.

Currie, Mark J. (captain, B.N.) land grant to, for exploration, 726.

Customs department administration of, 123. appointment of assistant to warehouse-

keeper 'in, 567 et seq. charge on tobacco and spirits bonded in,

570, 571. convicts employed by, 636, 647. duties to be collected by, 468 et seq. establishment for, 250. increase— in revenue collected by, 834, 378. of staff in, 693 et seq.

office accommodation proposed for, 181, 202, 203.

officers appointed to, 250, 641. plan and estimates for customs house and

bond for, 354. power to levy duties under N.S.W. act, 269. practise in bonded stores of, 568 et seq. return of— extra tide-waiters employed in, 571. revenue collected by, 378.

report on examination of bonded stores of, 753 et seq.

salaries of officers of, 250. warehouses rented by, 567.

D'Arcy, Frederick Bobert nomination of, as draftsman in survey office,

713.

Dangar, Henry assistant surveyor, 179. certificate of services of, 685. compensation to be given to, 529. instructions re land for, 527. land claimed by, 529. land grant to, 478. letter from—-to Hay, R. W., 684. to Twiss, H., 528, 686.

letter to— from Hay, R. W., 687. from Twiss, H , 687.

order for land grant to, 684. reasons for suspension of, 528, 529. request by, for confirmation of land grant,

684; 686, 687.

Darling, Charles H. (ensign, 57th regt.)

statement by Hall, E. S., re emoluments of, 594.

INDEX.

Darling, Mrs. Ralph interest of, in female factory, 657.

Darling, Ralph (governor) acceptance 'by, of censure re disputes with

Forbes, F., 792.

allegations against— by Hall, E. S., 579, 580 et seq., 596

et seq. by Robison, R., 105 et seq., 110. re Lockaye, A., 1-66 et seq.

allegations of severity to military against, 803.

alleged request for assistance of Wentworth, W . C , by, 798, 825, 880, 881, 891, 892.

assistance of efficient attorney-general required by, 444.

cause of opposition of Forbes, F., to, 445.

censure o n — for allegations of falsehood against

Forbes, F., 398. for issue of general orders, 360.

cessation of intercourse of, with Wentworth, W. C, 826.

charges made by— against Forbes, F., 361, 398. against Stephen, J., 361, 362.

criticism b y — of acquittal of Douglass, H. G., 194, 195,

196 et seq. of N.S.W. bill, 8, 9, 14.

denial by—• of making land grants to relatives, 476. of ulterior influences, 718.

difficulties of, in consultations with executive council, 716 et seq.

disapproval of Murray, Sir G.— of demand by, for copy of charges by

Robison, R., 398. of letters written by, 364. of orders issued by, 3-60. of proceedingis of, re turf club dinner,

863, 864. of removal of Douglass, H. G., by, 364.

disputes of, with Forbes, F., criticism by Murray, Sir G., 356 et seq.

endeavours of, to effect economy, 25. expectation by, of right to reply to allega

tions, 476. explanation by, of action re precedence of

judges, 744. forage allowance drawn by, 5-95. general indictment of, by Wentworth, W . C ,

857. ignorance of, re illness of Sudds, J., 620,

879.

Darling, Ralph (governor) impeachment of—

by Wentworth, W. C , see under "Impeachment."

proposed in case of Lockaye, A., 857.

influence of, on members of executive council, 827.

instructions t o —

for reinstatement of Moore, W . H , 364. re annual accounts and returns, 222

et seq. re capital penalty, 498. re church and school establishments, 787

et seq. re clergy and school estates, 789, 790. re coal-mines for A. A. company, 272

et seq. re consulting executive council, 366. re convicts transported from Scotland,

614, 615. re expenditure, 11. re maintenance of establishments on fixed

scale, 415. re N.S.W. bill, 260 et seq. re orders and proclamations, 360. re pardons for convicts, 409, 611. re passages for governor in ships of war,

9, 10. re pensions, 700. re precedence of officials, 513, 514. re registry of shipping, 530, 531. re requisition for stores, 612. re restraint of press, 275, 276. re Roman Catholic relief act, 716. re salaries, 80 et seq. re stipends and land grants for clergy,

785 et seq. re succession to government, 520 et seq.

lands granted by, without advice of council, 717.

letter from— to Bannister, S-, 104. to Barnard-, E., 17. to Campbell, R., 711. to commissioners of survey, 297. to committee of A.A. company, 542, 543,

602. to Dowling, J., 91, 764. to Fdrbes, F., 107, 108, 109, 433, 434,

437, 458, 679, 681, 716, 764. to Gower, F. L., 344, 355. to Halloran, L. H., 403. to Hay, R, W., 14, 115, 247, 248, 260,

282, 336, 341, 368, 369, 375, 377, 378, 379, 382, 386.

to Hill, lord, 483.

SER. I. V O L . X I V — 3 Q

978 INDEX.

Darling, Ralph (governor) letter from— to Huskisson, W., 3, 5, 10, 11, 15, 18,

23, 24, 25, 27, 31, 32, 3'3, 37, 39, 41, 44, 47, 53, 54, 64, 69, 73, 76, 78, 79, 85, 86, 95, 102, 103, 105, 112, ,114, 116, 118, 120, 122, 144, 145, 153, 158, 163, 165, 176, 180, 183, 188, 191, 194, 201, 203, 205, 206, 20-9, 210, 227, 229, 231, 234, 252, 257, 258, 277, 284, 311, 315, 317, 323, 326, 329, 3-30, 332, 334, 335, 336, 345, 347, 35-0, 352, 367, 371, 374, 380, 383, 3-85, 391, 396, 399, 401, 402, 404.

to landholders, 208. to Murray, Sir G., 411, 417, 435, 443,

445, 447, 454, 460, 461, 46-6, 468, 470, 471, 472, 475, 482, 499, 501, 514, 515, 517, 621, 522, 534, 538, 541, 547, 549, 560, 56-4, -566-, 571, 577, 578, 6'01, 603, 6'07, 616', 617, 618, 624, 63-3, 636, 638, 641, 644, 645, 649, 650, 659, 661, 66'2, 66-3, 668, 6-69, 6'71, 677, 678, 681, 682, 688, 689, 690, 693, 696, 698, 6-991, 700, 701, 709, 712, 713, 714, 716', 720, 721, 723, 724, 729, 7-35, 737, 743, 744, 748, 758, 76'2, 77», 780, 792, 793, 900.

to Somerset, lord Fitzroy, 228, 612. to Stanley, E. G., 27, 36, 101, 119, 193,

196, 199, 200, 211, 212. to Stephen, J., 764.

to Twiss, H„ 416, 417, 455, 531, 533, 566, 574, 602, 614, 615, 618, 622, 674, 677, 692, 752.

letter to— from Bannister, S., 757, 758. from Baxter, A. M., 369, 371. from Bowman, J., 543.

. from Campbell, R., 710. from commissioners of survey, 298. from Dowling, J., 87, 92, 764. from Forbes, F., 10, 107, 108, 110, 417,

434, 436, 440, 457, 458, 514, 663, 679, 680, 715, 763, 764, 898.

from Gower, F. L., 3, 16, 180, 195, 196, 200.

from Hay, R. W., 219, 221, 224, 225, 226, 344, 517, 522, 53-6, 602, 605, 607, 608, 612, 635, 637, 645, 660, 672, 688, 690, 692, 698, 69-9.

from Hely, F. A., 412. from Hovell, W. H., 727. from Huskisson, W., 9, 10, 30, 80, 160,

161, 162, 163, 172, 175, 183, 188, 190, 192, 193, 194, 19-9.

from Jones, R., 55s.

Darling, Ralph (governor) letter to— from Laws, J. M., 738. from Lindesay, P., 79. from Macarthur, John, 548. from Maihara, queen, 738. from Macleay, A., 389. from Morisset, J. T., 621. from Murray, G., 214, 215, 216, 217,

218, 220, 221, 222, 225, 226, 237, 242, 243, 245, 246, 248, 249, 250, 260, 272, 275, 283, 314, 322, 325, 338, 342, 352, 356, 366, 371, 394, 395, 397, 400, 405, 406, 407, 408, 409, 410, 414, 415, 416, 446, 447, 453, 454, 459, 460, 461, 462, 463, 480, 481, 494, 497, 498, 515, 516, 519, 526, 527, 530, 531, 532, 5"34, 53'5, 576, 577, 601, 604, 605, 610, 611, 614, 622, 632, 635, 678, 693, 700, 701, 70'2, 70-3, 704, 705, 706, 707, 708, 712, 714, 716, 719, 730, 780, 784, 792, 793.

from Oxley, J., 295, 303. from Sampson, J., 373, 403. from Scott, Revd. T. H., 49, 53, 55, 234,

3'9'2, 399, 56-2, 564, 745. from Stephen, J., 764. from Twiss, H., 226, 239, 240, 243, 246,

249, 283, 314, 317, 340, 398, 40-8, 465, 466, 498, 513, 5-37, 642, 673, 683, 693, 695, 696, 735, 742, 777, 779, 899.

from Wedderburn, A., 669. from Wentworth, W. C, 714, 867, 897.

loss of public confidence by, alleged, 859. misdemeanours alleged against, 857. misstatements by, alleged by Wentworth,

W. C, 819, 850. neglect of Forbes, F., to submit criticism

on N.S.W. bill to, 5, 7. objections of— to increase in powers of judiciary, 6. to limitations on expenditure, 11, 39.

observations by, on charges made by Robison, R., Ill, 112.

omission by, of description of irons used on Sudds, J., 848 et seq.

opposition of Forbes, F., to, 443. party in opposition to, 506. passage to Moreton bay of, 9, 329, 330, 704. proposals by— for amendments to instructions- re land

grants, 388, 384, 385. for constitution of executive and legisla

tive councils, 121, 122. for establishment of Government Gazette,

36, 446. for exclusion of judges from councils, 444,

445.

INDEX. 979 Darling, R a l p h (governor)

proposals b y — for instructions re marriage licenses, 399. for precedency in colony, 201. for relief of purchasers of land, 345,

346, 347. for stipends for clergy, 785. re land grants, 291 et seq., 307.

protest of, against limitation of powers, 475 et seq.

recall of, expectations re, 801. regret o f —

at disputes with, Forbes, F., 715. at remarks re Mills, G. G., 719.

remarks made by, re Mills, G. G., 366. removal of, proposed by Wentworth, W. C ,

859. reorganisation of departments by, 124. report b y —

on agriculture, 136 et seq. on commerce, 130 et seq. on ecclesiastical establishment, 127, 128. on judicial establishment, 126, 127. on manufactures, 128, 129. on military establishment, 126. on mines and quarries, 129, 130. on negotiations with A.A. company, 369

et seq., 538 et seq., 541 et seq., 547 et seq., 617, 677.

on procedure adopted for disbandment of veteran companies, 612 et seq.

on reorganisation of civil, establishments, 122 et seq.

on revenue and expenditure, 124 et seq. on salaries for temporary officers,. 729,

73-0. routine business of, 717. slanders on, 718. surprise of, at non-removal of Forbes, F.,

379. threat for recall of, 365. want of—•

attempts by, at conciliation with Forbes, F., 365.

competent attorney-general by, 7. support for, from Huskisson, W., 444.

withdrawal of, from executive council inquiry re impeachment by Wentworth, W. C, 867.

Darling river discovery of, by Sturt, C , 721, 722.

Darlinghurst application for mill site at, 598. gaol at, 20'2, 2-03, 353. repairs to road at, 599.

Dart, J. letter from, to Courtenay, T. P., 496.

Daveeson, F.


Davidson, W. R. recommendation of, as settler, 2.

Davies, Arthur (lieut., R.N.) recommendation of, as settler, 1, 221.

Davis, J. M. land grant to, 671.

Davis, William memorial from, re instalments on land pur

chased, 207.

Davison, George petition from, re salary for schoolmaster,

396.

Dawes' battery salary of superintendent at, 631.

Dawson, George R. letter from—

to Hay, R. W., 172. to Murray, Sir G., 244.

letter to— from Hardinge, H., 464. from Murray, Sir G., 245.

Dawson, Robert corruption alleged against, by Macarthur,

J., 548. discovery of coal by, at Manning river, 544. land for A.A. company approved by, 370. principal agent for A.A. company, 370. suspension of, as agent for A.A. company,

548.

Delohery, Cornelius recommendation in favour of, 742.

Delves, — recommendation in favour of, 672.

Despatches omissions of, 3, 575, 576.

Dice gambling of magistrates at, 588.

Dick, — recommendation of, as settler, 1.

Dick, Alexander petition from, re salary for schoolmaster,

896.

Dickson, — manufacture of soap by, 128.

980 INDEX.

Dickson, James petition from, re salary for schoolmaster,

396.

Distilleries advantages expected from establishment of,

137. establishment of, 129.

Divine, Nicholas pension for, 631.

Dixon, Henry recommendation of, as settler, 1.

Dixon, Margaret land grant to, 671.

Dixon, Robert assistant surveyor, 179, 338.

Docker, Edmund recommendation of, as settler, 1.

Docker, R. M. appointment of, as draftsman- in survey

office, 338.

Dockyard approval of establishment of, 83. convicts employed by, 636, 647. salaries of establishment for, 626, 630.

Doddery, George shares held by, in bank of N.S.W., 560.

Donnison, Henry land grant to, 671.

Dougherty, John wound self-inflicted by, to escape military

service, 897.

Douglas, F. J. letter from, to Hay, R. W., 689.

Douglass, Henry recommendation of, as settler, 1.

Douglass, Henry Grattan account by Forbes, F., of inquiry re charges

against, 418 et seq. advantage to colony in departure of, 198. approval of, as commissioner of court of re

quests, 190. appointment of, to committee of orphan

school, 99. bill of indemnity passed for, 150, 234, 236. counter-charges against Marsden, Revd. S.,

expected from, 197. criticism by Darling, R., of acquittal of,

194, 195, 196 et seq.

Douglass, Henry Grattan

disapproval by Murray, Sir G., of dismissal of, 364.

dissent of Scott, Revd. T. H., in findings re, 235.

finding of grand jury against, 149. form of deed of grant to, 43, 44. indebtedness of, to government, 198. intimacy of, with Wentworth, W. C, 229,

230. land grant to, for town residence, 41, 598. land grant to, 478. misstatements by, 230. participation of Scott, Revd. T. H., in in

quiries re, 235. popular opinion re, 198, 692, 693. punishments inflicted by, 236. statement by Marsden, Revd. S., re charges

against, 147 et seq., 194. transfer by, of convict to Wentworth, W. C,

230, 231. unfounded complaints by, re land, 197, 198.

Dowling, Alfred recommendation of, as barrister, 246.

Dowling, James (judge) appointment of clerk of, to supreme court,

115. commendation- of action of, 461. conciliation of, by Forbes, F., 115, 379. conviction of Hall, E. S., for libel by, 578. correspondence re precedency of, on supreme

court bench, 86 et seq., 460, 461, 743, 744.

land grant to, for town- residence, 598. land grant to, 671. letter from— to Darling, R., 87, 92, 764. to Forbes, F., 90.

letter to— from Darling, R., 91, 764. from Forbes, F., 93.

opinion of—• ex parte Jane New, 771 et seq. re power of governor over convicts, 773

et seq. reasons for precedence granted to, 460.

Doyle, James shares held by, in bank of N.S.W., 560.

Drew, Samuel land grant to, 671.

Druitt, G. shares held by, in bank of N.S.W., 560.

Drysdale, Andrew petition from, re salary for schoolmaster,

396.

INDEX. 981 Duff, Alexander


Dumant, — recommendation of, as settler, 2.

Dumaresq, Henry (lt.-col., veteran companies)

land grant to, 478, 589, 590. report re allotment for, at Hyde park, 598. statement by Hall, E. S., re emoluments and

land grants of, 5-9-3.

Dumaresq, William (civil engineer) account by, of irsns used on Sudds, J., and

Thompson, P., 883. allegations re removal of irons from Emu

plains by, 796, 797, 812, 813', 814, 877.

appointment of, as acting treasurer, 688. concessions to, on sale of commission, 536. examination of, by executive council, 883,

895. land grant to, 5-89, 590, 669. letter from— to Macleay, A., 4.5. to Sturt, C, 113.

letter to, from Macleay, A., 676. opinion by, re problems of land grants, 299

et seq. payment of salary to, as civil engineer,

162, 325, 326. recommendation of, as settler, 2. refusal by, of office as deputy surveyor-

general, 211. report b y — as member of board of female factory,

186, 187, -653 et seq. on alterations to female factory, 185. on application of Connor, M., for land

grant, 318 et seq. on erection of bathirgt-house in domain,

47. on gaol at Sydney, 202, 203. on hospital at Liverpool, 205. on pension for widow of Oxley, J., 467,

468. on proposed repairs to military barracks,

113. on repairs and additions— to government house, 46. to residence of colonial secretary, 46,

47. re assistant to warehouse-keeper, 568

et seq. re pilot and landing waiter at Newcastle,

327 et seq. re scale of prices, 572, 573.

statement by Hall, E. S., re emoluments of, 593.

Duncombe, David clerk in survey office, 179, 337, 338. petition from, re salary for schoolmaster,

396.

Dundas attendance at school at, 53, 54, school established at, 52.

Dunn, Robert gratuity withheld .from, 706. letter from, to Macleay, A., 350. report by, on small-pox on ship Bussorah

Merchant, 350.

Dunn, Thomas pension granted to, 258. qualified approval of pension for, 700, 701.

Dunvegan Castle, ship convicts per, 575.

Dunwich approval of establishment at, 480.

Durham, county of land grants in, to clergy and school estates,

641. return of land grants in, 671, 672.

Durie, John petition from,

396. re salary for schoolmaster,

Earles, William copy of trial of, certified by Lockyer, E.,

437, 438, 439. request by Forbes, F., for certified copy of

trial of, 437. statement by Marsden, Revd. S., re trial of,

432, 437, 442. trial of, 432.

East India company proposal for encouragement of officers of, as

settlers, 191, 192, 494 et seq.

Eckford, William pension for, for services as pilot at New

castle, 327.

Edwards, Elizabeth See "Lockaye, Elizabeth."

Edwards, John land grant to, 671.

Edwards, John petition from, re salary for schoolmaster,

396.

Edwards, John Hampden recommendation of, as settler, 1.

982 INDEX.

Edwards, W . See "Lockaye, A."

Elder, J. shares held by, in bank of N.S.W., 560.

Eliza, ship convicts per, 2. despatch per, 3, 23, 24, 25, 27, 31, 32, 33,

36, 37, 39, 41, 44, 47, 53, 54, 64, 69, 73, 76, 78, 79, 85, 86, 95, 101, 102, 103, 105, 112, 114, 115, 116, 118, 119, 195, 237, 239, 240, 242, 576, 671, 674, 677, 678, 681, 682, 688, 689.

Elizabeth bay land grant to Macleay, A., at, 42, 589, 598. location of O'Donnell, — , at, 596, 597. lunatic asylum proposed at, 597, 598. native village formed at, 5-97. statement by Hall, E. S., re land at, 596

et seq.

Elizabeth, sloop arrival and departure of, at Newcastle, 159,

160.

Elizabeth, ship female convicts per, 114, 185.

Ellen, ship despatch per, 445, 447, 454, 455, 460, 461,

466, 468, 470, 471, 472, 475, 482, 483, 499, 501, 514, 515, 517, 521, 522, 531, 533, 534, 538, 541, 547, 549, 660, 564, 566, 571, 574, 602.

Elliott, — appointment of, as superintendent at New

castle, 171. evidence of, re Lockaye, A., 170.

Elliott, Philip assistant surveyor, 179, 338.

Ellis, Mrs. — matron of orphan school, 748.

Ellis, William land grant to, 671.

Emu plains agricultural establishment at, 518. convicts employed at, 637, 647. irons used by Thompson, P., at, 796, 811,

812, 864, 888. land grant to Forbes, F., at, 41. military quartered at, 229. necessity for maintenance of agricultural

establishment at, 519.

Engineer department convicts employed by, 636. return of mechanics employed in, 203.

Enterprise, vessel building and wreck of, at New Zealand, 603.

Errol, parish of land grant in, to clergy and school estates,

641.

Estates, clergy and school corpoi-ation for—• act for vesting orphan school estates in,

100. motion by Forbes, F., at, re delay in

granting land, 387, 890, 39l! proposed revocation of letters patent for,

789. questions submitted for legal decision by,

,97 et seq., 790 et seq. resolution by, re charges made by Wil

kinson, Revd. F., 564. transfer of land to, 638 et seq., 659. transmission' of report by, 659.

delay in granting lands to, 48, 386, 638, 639.

instructions re sale and lease of, 7S9. land to be granted to, 518. method for sale of land of, 48, 49. reservation of land for, 287. transfer of land as part of, 640, 641, 653. vesting of orphan School estate in, 77, 95,

97 et seq.

Evans, George William

land grant to, for explorations, 727.

Evernden, Thomas

land grant to, 479.

Expirees

return of, 649.

Exploration

by Bell, — , jr., 726. by Blaxland, G., 726. by Blaxland, J., jr., 726.

- by Cunningham, A., 199, 471, 668, 669. by Currie, M. J., 726. by Hovell, W. H., 724 et seq. by Lawson, W., 726. ' by Logan, P., 700. by Sturt, C, 199, 471, 472, 607, 608, 721,

72-2. by Throsby, C, 726. by Wentworth, W. C, 7P26. objections to proposal by Ballantine, J.,

for, 199.

INDEX. 983

Fan-ell, Charles appointment of, as tide-waiter, 694, 695.

Female factory additions and alterations proposed to, 183,

185, 652. approval of additions to, 531. commendation of— matron and committee of, 652, 655. services of matron and committee of, 184.

convicts in— comparative annual figures re, 651, 658. conduct of, 655. deaths of, 655. difficulty in finding employment for, 651,

656. discharge of, 653, 658. excessive number of, 651. number of, for assignment, 654. return of, 186, 651, 653, 658. tickets of leave proposed for, 652, 656,

657. diet for children in, 655, 656. efficiency of management of, 184. expenditure and revenue of, 652, 656, 659. formation of ladies' committee at, 657. free women serving sentences in, 651, 654,

659. half-yearly report on, 186, 187, 653 et seq. staff of, 184. use of, as maternity home, 654. verandah proposed for, 656. weaving establishment proposed at, 651,

656. women employed in clothmaking at, 21.

Fennell, J. land grant to, 479.

Ferres, John recommendation of, as settler, 2.

Field of Mars attendance at school at, 53, 54. school established at, 52.

Finance appointment of commissary of accounts, 163. approval of estimates, 188. causes of increase in salaries, 37 et seq. delay in preparation of accounts, 649. expenditure— causes of increase of, in year 1827, 13,

125. in commutation of rations, 12. instructions re annual accounts of, 223. items of, 125. limitation of governor's power of, 11. methods for payment of salaries, 367. on provisions and stores, 12. probable increase in, 332.

Finance inability to maintain fixed establishments,

649, 650. moneys received as internal revenue for

half-year, 193. payment of salaries of judges, 4 5.5 et seq. power to levy duties under N.S.W. bill, 269. practice in payment of salaries, 253, 254,

458. printed book of accounts submitted to hou°e

of commons, 221. report by Lithgow, W., re delay in prepara

tion of accounts, 2.53' et seq. return of debts due to government, 27, revenue— advantages of appointment of collector of,

25, 26. deficiency in, 333. from naval office, 255. from tolls and ferries, 72. increase, in, 124, 125, 332, 334, 37S, 720,

721. instructions re annual accounts of, 223. loan from commissariat in aid of, 333. return of, 37S. statements re, 720, 721.

salaries— approval of new scale of, 80 ct icq. of civil servants, 024 et seq.

securities to be given by officers in control of public money, 702.

transmission of abstract of accounts for years 1S25, 1826 and 1S27, 11 et seq.

Finch, Heneage (Hemage) assistant surveyor, 179, 338. date of appointment of, 209. land grant to, 479. promotion of, as surveyor, 633, 634.

Fish river military quartered at, 229. road party stationed at, 72.

Fisheries report on, by Darling, R., 130, 135. value of export of products of, 135.

Fisk, Arnold appointment of, as pilot and landing

waiter at Newcastle, 326, 695.

Fitzgerald, Richard shares held by, in bank of N.S.W., 560.

Flanaghan, F. application by, for land- grant, 677. statement of capital by, 67S.

Flindell, — recommendation in favour of, 226, 227,

984 iA

Floranee, Thomas assistant surveyor, 179, 338. resignation of, 712, 713.

Fly, sloop arrival and departure of, at Newcastle, 159,

160.

Flynn, William clerk in sheriff's office, 662.

Foley, J. F. clerk in audit office, 380, 381. salary of, 382.

Forbes, Francis (chief justice)

absence of, from council re impeachment of Darling, R., 800.

account by— of inquiry re Douglass, H. G., 418 et seq. of passing of act of indemnity for magis

trates, 424 et seq. acquittal of, of complicity with newspapers,

358. action of, re case of Sudds, J., and Thomp

son, P., 827, 828. actions of, re restraint of press, 357, 358. allegations against— re association of, with editors, 361. re inquiry about Douglass, H. G., 197. re misstatements, 397. re opposition of, to Darling, R., 443.

allusions to letter by, in- Sydney Gazette, 434.


cause of opposition of, to Darling, R., 445. censure on, for avoiding private discussion

with Darling, R., 357. conciliation of Dowling, J., by, 115, 379. confirmation of opinion of, re licensing of

newspapers, 276. criticism by— of gaol at Sydney, 355. on certification of record by Lockyer, E.,

441. on records of bench of magistrates, 440. on trial of Earles, W., as published by

Marsden, Rev.d. S., 440, 441. disputes of, with Darling, R., criticism by

Murray, Sir G., 356 et seq. inaccuracy of statements by, 259. influence of— in executive and legislative councils, 121,

444, 445. over Stephen, J., 259.

information given by, to opposition members of parliament, 443.

impeachment of, proposed by Macarthur, J., 120.

Forbes, Francis (chief justice) implication of, in charges made by Robison,

R., against Darling, R., 105, 107 et seq.

inquiry by, re charges against Douglass, H. G., 147 et seq., 197.

land grant to— by Brisbane, Sir T., 476, 478. by Darling, R., 41, 476, 478.

letter from— to Darling, R., 10, 107, 108, 110, 417,

434, 436, 440, 457, 45«, 514, 663, 679, 680, 715, 763, 764, 898.

to Dowling, J., 9Z. to Huskisson, W., 418. to Mackaness, J., 509. to Marsden, Revd. S„ 500.

letter to— from Darling, R., 107, 108, 109, 433,

434, 437, 458, 679, 681, 716, 764. from Dowling, J., 90. from GurneT, J., 665. from Mackaness, J., 109. from Marsden, Revd. S., 500. from Rodgers, G. J., 667. from Stephen, F., 667. from Wentworth, W. C, 866.

malicious reports re, alleged by, 109, 110. misstatements by, 197. motion by, at church corporation re delay

in granting land, 390. necessity for opinion of, on impeachment by

Wentworth, W. C, 718.

neglect by— of business of court, alleged by Darling,

R., 14. to submit criticism- on N.S.W. bill to

Darling, R., 5, 7.

nomination of successor to, on executive council, 519,

objections by Darling, R., t* any censure on, 379.

objections to, as member of councils, 444, 445.

opinion of— ex parte Jane New, 765 et seq. re illegality of tickets of leave, 6. re power of governor over convicts, 9,

765 et seg. re precedency of puisne judges, 93 et seq. re secrecy of deliberations of legislative

council, 9. re trial by jury, 443. re want of power to make conditional

assignments, 6, 361. proceedings of— in prosecutions of Wardell, R., 359. in suits initiated by Carter, W., 35S.

INDEX. 985

Forbes, Francis (chief justice) refusal by— to participate in inquiry re impeachment,

899. to submit statement to Scott, Revd. T. H.,

417, 433-, 434. regret of, at disputes with Darling, R., 715. removal of, from executive council, 366, 519. reply by, to statements made by Marsden,

Revd. S., 418 et seq., 437. report— by, on trial of Kelly, J., 9'00 et seq. re allotment for, at Hyde park, 598.

request by—• for additional clerk in supreme court, 10,

14, 115, 379. for certified copy of trial of Earles, W.,

437. request from Marsden, Revd. S., for copy

of letter by, 499 et seq. salary of, method of payment of, 455 et seq. supreme power desired by, 116, 195. surprise of Darling, R., at non-removal of,

379. testimonial given by, to Mackai-ess, J., 504,

505, 509. threat for recall of, 365. transmission to, of extracts from impeach

ment by Wentworth, W. C, 866. use made by, of Mackaness, J., 198. want of attempts by, at conciliation with

Darling, R., 365.

Forbes, J. D. (captain, 39th regt.)

letter to, from- Robison, R., 493'.

Ford, Thomas trial of, 152.

Forde, — recommendation of, as settler, 2.

Forlong, Andrew recommendation of, as settler, 1, 16.

Forlong, John letter from, to Huskisson, W., 16.

Forlong, William recommendation of, as settler, 1, 16.

Forsyth, James petition from, re salary for schoolmaster,

396.

Forsyth, John petition from, re salary for schoolmaster,

396.

Fort Macquarie salary of superintendent of, 631.

Fort Wellington approval of expenditure on, 462, 463. arrangements for withdrawal of settlers

from, 743. arrival of proas at, 331. convicts maintained at, 637, 648. difficulty in procuring surgeon for, 15. half-yearly issue of clothing at, 189. inability to submit report re, 212. increased expenditure due to settlement at,

13. military quartered at, 229. military surgeon sent to, 15. orders to abandon- settlement at, 410, 411,

704. outrage on natives at, 350, 351. report on conditions at, 331. salary proposed for commandant at, 15, 16,

454. settlers at Melville island- to be removed to,

215. shipment of lime juice for, 462. supplies sent to, 85.

Foss, A. petition from, re salary for schoolmaster,


Foster, William (acting solicitor-general)

appointment of, 126, 127, 363. approval of salary and bill of costs for, 40?. bill of costs from, 74 et seq. prosecution of Mackaness, J., for assault on,

504, 505. report by, on fees in courts of requests, 748

et seq.

Frankland, George position as deputy surveyor-general offered

to, 210. refusal by, of office as deputy surveyor-

general, 336.

Frankland, Georg-e Jackson report required re land granted to, 224.

Fraser, Alexander petition from, re salary for schoolmaster,

396.

Fraser, Charles association of, with Cunningham, A., in

exploration, 668.

Freeling, G. H. letter from, to Stewart, J., 606. '

Freemantle, — (captain, R.N.) possession to be taken of Swan river by,

743.

986 ^

Friendly islands visit of H.M. sloop Satellite to, 737.

Fuller, John report on trial of Kelly, J., for murder of,

900 et seq.

Fulton, Reverend Henry location and salary of, 78.

Futter, Robert land grant to, 671.

Gaol estimates for completion of, 353. instructions requested re erection* of, 201. irons used in, 886. necessity for, 353, 355. power of sheriff to remove prisoners from,

to hulk, 678 et seq. proposal for erection of, by contract, 201,

203, 353. report by Dumaresq, W., re, 202, 208. salaries of officials at, 630.

Garling, Frederick certificate by, of conviction of Sudds, J.,

and Thompson, P., 617. claim of, to continuation of salary as crown

solicitor, 368, 369. clerk of peace, 617. shares held by, in bank of N.S.W., 560.

Garling, Frederick duties proposed for, as landing waiter, 694.

Gellibrand, Joseph Tice application by, for employment at Sydney,

532. appointment of, at Sydney, considered, 241. disapproval of employment of, at Sydney,

240. employment of, at Sydney, 241, 532. letter from, to Baxter, A. M., 241. letter to, from Baxter, A. M., 241. refusal of payment for services by, 241. visit of, to Sydney, 240, 531.

Gibbons, Matthew John examination of, by executive council, 885,

886.

Gibbs, T. B. (lieut., R.N.) land leased by, 344.

Gibson, A. (assist.-surgeon) land grant to, 47'9. statement by Hall, E. S., re emoluments of,

5$4.

Gillman, Henry (brigade-major) order for delivery of Sudds, J., and Thomp

son, P., to, 865.

Gladstone, John letter from, to Huskisson, W., 30.

"Gleaner" (newspaper) transmission of series of, 3.

Glebe farm See "Grose farm."

Glebe lands problem of assignment of, 96, 93.

Gloucester land grant at, 672.

Goderich, viscount letter to, from Wall, G. W., 219.

Goodsir, David appointment of, as tide-waiter, 694, 695.

Gordon, — application by, for mill site at Darlinghurst,

598, 599.

Gordon, Mrs. — commendation of services of, 184, 652, 655. matron of female factory, 184, 652. -

Gordon, parish of land grant in, to clergy and school estates,

641.

Gosforth, parish of land grant in, to clergy and school estates,

641.

Goulburn, Frederick (colonial secretary)

testimonial from, in favour of Howe, R., 36.

Goulburn river land grant at, 672.

"Government gazette" (newspaper) proposal for establishment of, 36, 446.

Government house account for furniture at, 674 et seq. erection of bathing-house for, 45, 47. irons used on Sudds, J., and Thompson, P.,

at, 865. repairs and alterations to, 44, 45, 46.

Governor abolition—• of appeals to, 264, 265. of right of legislation by, 269.

discomfort of, in inspection of penal settlements, 330.

IND1:

Governor instructions to-— re annual accounts and returns, 223, 224. re capital penalty, 498. re consultation with executive council,

366. re expenditure, 11. re pardons for educated convicts, 409. re passages on ships of war, 10. re succession to, 520, 521.

issue of marriage licenses by, 39-9. letter to, from Bathurst, earl, 223. limitation of term of office of, 218. necessity for presence of, at legislative

council, 266, 267. power of, over convicts, 270, 361, 766

et seq., 773 et seq., 837 et seq. removal of coroner by, 403.

Governor Phillip, brig approval of purchase of, 10. arrival and departure of, at Newcastle, 160. supplies sent to north Australia in, 85. voyage of, to north Australia, 521, 522.

Govett, -William Romaine assistant surveyor, 179, 338.

Gower, Lord Francis Leveson (under secretary)

letter from, to Darling, R., 3, 16, 180, 195, ' 196, 200.

letter to—• from Darling, R., 344, 355. from Moore, J. H., 660.

Graham, Thomas land grant to, 671.

Granite discovery of, in-Blue mountains, 180.

Great northern road expenditure on, 72. road parties and overseers on, 72.

Great southern road expenditure on, 72. road parties and overseers on, 72.

Great western road expenditure on, 72. road parties and overseers on, 72.

Grose farm convicts employed at, 637, 647. military quartered at, 229. road party stationed at, 72. surrender of, by trustees of orphan school.

98.

IX. 987

Grose, Francis (lieut.-governor) iron collars ordered for female convicts by,

885.

Guilding, John land grant to, 600.

Guilford, ship despatch per, 784, 792, 793, 899.

Gullen land grant at, 671.

Gunderoo land grant at, 672.

Gurner, John clerk in supreme court, 664. duties of, 664, 665 et seq. letter from, to Forbes, F., 665. petition from, re salary for schoolmaster,

396. request of, for increase of salary, 666, testimony in favour of, 664.

Gurnett, schooner arrival and departure of, at Newcastle, 159.

Gurnie, James petition from, re salary for schoolmaster,

396.

Hagameister, — commander of H.I.R.M. ship Krotky, 699.

Hall, Edward Smith • allegations by, re land grants by Darling,

R., 579, 580 et seq. application by, for lease of land, 533. conviction of, for libel, 578. dispute of, re pew in St. James' church,

585, 586, 600. indulgences ordered for, 590, 591. letter from— to Macleay, A., 583, 584. to Murray, Sir G„ 579, 596.

letter to, from Macleay, A., 583, 584. » policy of, with Monitor newspaper, 5SS.

press career of, 585. prosecution of, for libel, 586. reasons for refusal of lease to, 584. request for indulgences by, 582. return of land grants proposed by, 5S0. 581.

-r services of, in exposure of wrongs, 587, 588. statement by, re aborigines, 579. virtual outlawry alleged by, 586.

Hall, William salary of, as catechist, 78. superintendent of school for natives, 56.

988 INDEX.

Hallen, — employment of, as town surveyor, 245, 246.

Hallen, Edward appointment of, as draftsman, 693, 719.

Halloran, Henry clerk in survey office, 179, 337, 338. increase of salary for, 337, 338.

Halloran, Lawrence H. disapproval of, as schoolmaster, .409. dismissal of, ascoroner, 391, 402, 714. dispute of, with Scott, Revd. T. H., 392. doubts expressed by, re power of governor

for removal as coroner, 402, 403. ejection of, from pew in church, 393. land grant authorised for, 408. lectures by, in court-house, 393. letter from, to Norton, J., 392. letter to, from Darling, R., 403. proposed employment of, by A.A. company,

392. publication of pamphlet proposed by, 393. reflections by, on conduct of Scott, Revd.

T. H., 393, 394. warning given to, by Darling, R., 403.

Handle, Joseph evidence of, at trial of Kelly, J., 900.

Hannan, — wound self-inflicted by, to escape military

service, 897.

Harbour-master fees collected by, 247. salary of, 247. sale of house occupied by, 247.

Hardinge, Edward report to be made re, 200.

Hardinge, H. letter from, to Dawson, G. R., 464.

Harmony, ship exports from Hokianga in, 133. female convicts per, 186.

Harper, — inaccuracy of reports by, re natives, 62.

Harper, George arrest of, for corrupt practises in bonded

stores, 753. grievances alleged by, 466. opinion re guilt of— by Bannister, S., 757, 758. by Stephen, J., 758.

report by board on bonded stores in charge of, 753 et seq.

resignation by, 753. trial and acquittal of, 753.

Harper (Harpur), William

assistant surveyor, 179. land grant to, 479.

Harrington, J. T. assistant in office of colonial secretary, 698. recommendation of, for increase of salary,

698.

Harris, J. shares held by, in bank of N.S.W., 560.

Hart, Thomas report on, 101, 102.

Hassall, James application by, for land grant, 2S2. case of, under consideration, 283.

Hassall, Reverend Thomas location and salary of, 78.

Haweis, brig arrival and departure of, at Newcastle, 159,

160.

Hawkesbury river cultivation- of grain near, 13-9. land grant for discovery of road from, to

Bathurst, 726. school established at, 52.

Hawkesbury, sloop arrival and departure of, at Newcastle, 159,

160.

Hay, Robert W. (under secretary) letter from— to Blaxland, G., 609. to Courtenay, T. P., 495. to Dangar, H., 687. to Darling, R., 219, 221, 224, 225, 226,

344, 517, 522, 536, 602, 605, 607, 608, .612, 635, 637, 645, 660, 672, 6S8, 690, 692, 698, 699.

to Rodd, J., 517. letter to— from Blaxland, G., 643. from Collins, T., 465. from Courtenay, T. P., 496. from Dangar, H., 684. from Darling, R., 14, 115, 247, 248, 260,

282, 336, 341, 368, 369, 375, 377, 378, 379, 382, 886.

from Dawson, G. R., 172. from Douglas, P. J., 689. from Somerset, lord Fitzroy, 536. from Stewart, J., 339.

Hayward, George appointment of, assistant surveyor, 535, 536. refusal of appointment by, 693, 793.

INDEX. 989 Hazards gambling of magistrates at, 588.

Helena, Russian ship visit of, to Port Jackson, 699.

Hely, Frederick A. claim by, for remuneration as chairman of

ticket-of-leave committee, 315 et seq., 708.

land grant to, 479. letter from— to Darling, R., 412. to Macleay, A., 66, 230, 315, 378.

letter to, from Wentworth, W. C, 231. objections by, to employment of convicts

as clerks, 37'8. refusal of extra allowance for, 703. report— by, on duties of office of superintendent of

convicts, 66 et seq., 412 et seq. re allotment for, at Hyde park, 598.

salary of, 412. suspension of extra remuneration for, 411,

412.

Heming, — Miss misappropriation of funds of, by Macka

ness, J., 503, 504.

Henderson, — employment of, as coal-mining expert by

A.A. company, 540. report by, on coalfields, 544. search for coal lands by, 543, 545. suggestion for employment of, by govern

ment, 542. termination with, of agreement with A.A.

company, 540, 546.

Henderson, Charles recommendation of, as settler, 1,

Henderson, Michael petition from, re salary for schoolmaster,

396.

Henderson, Sir John recommendation in favour of son of, 248,

249.

Henry, James petition from, re salary for schoolmaster,

396.

Hill, general lord letter to, from Darling, R., 483.

Hill, Henry (lieut., 57th regt.) examination of, by executive council, 884.

Hill, James report re death of, 24S.

Hill, John • appointment of, as draftsman, 535, 536. refusal of appointment by, 604. -^~

Hill, John report required re, 522.

Hill, Fatrick (assist.-surgeon) land grant to, 479. promotion of, as surgeon, 633, 634.

Hill, Reverend Richard approval of settlement of claims of, 70S. assistance offered by, re natives, 61. commendation of services of, 40. location and salary of, 7S. secretary at benevolent asylum, 40.

Hill, W. letter to, from Maddox, G. W., 173.

Hoddle, Robert assistant surveyor, 179, 338. date of appointment of, 209, 338. land grant to, 479. nomination of, as acting deputy surveyor-

general, 336, 634, 719. promotion of, as surveyor, 633, 634.

Hogan, Fatrick conviction of, for robbery to escape military

service, 846, 847, 897.

Hokianga (N.Z.) shipment of timber and flax to England

from, 133, 604. trading settlement established at, 133, 603. vessels built at, 608, 604.

Holland, Mrs. M. approval of payment of passage money for,

191.

Holt, James land grant to, 671.

Hooke, John land grant to, 671.

Horton, R. Wilmot (under secretary) letter to, from Mills, G. G., 233.

Hosking, John shares held by, in bank of N.S.W., 560.

Hospital appropriation of, at Sydney, 204. erection of, at Liverpool, 203, 204, 205. for insane, 211. instructions re requisition for stores for,

612. number of, maintained by government, 204.

990 INDEX.

Hospital proposal for abolition of, at Windsor, 204. report on wine for, 78$. requisition for medicines, etc., for, 405, 463

et seq. stores from convict ships appropriated for,

314. wing of, appropriated for councils, 601.

House of commons accounts submitted to, 221. inquiry re colonies proposed by, 221. publication for, of papers re Ring, J., and

Marsden, Revd. S., 146. reference to case of Sudds, J., and Thomp

son, P., in, 617. Roman Catholic relief act passed by, 716. statement in, re freedom of press, 590.

Hovell, William Hilton claim of, for remuneration for explorations,

724 et seq. expenditure by, on journey to Port Phillip,

726. rand grant to, 725, 727, 728. letter from— to Darling, E., 727. to Murray, Sir G., 725.

letter to, from Macleay, A., 728, 729. memorial from, to Darling, R., 726.

Hovenden, T. appointment of, as clerk in office of- super

intendent of convicts, 377, 378.

Howe, George Terry employment of, as printer in Tasmania, 35.

Howe, Robert approval of title of "King's printer" for,

446. conviction of, for libel, 594. criticism by Hall, E. S., of official treat

ment of, 595. disapproval by Darling, R., of petition of,

86. letter to— from Arthur, G., 35. from Brisbane, Sir T., 36. from Goulburn, F., 36. from Stewart, W., 36.

petition from, for title of "King's printer," 34, 341.

shares held by, in bank of N.S.W., 560. testimonial to, from Macquarie, L., 34.

Huahine

•See "Society islands."

Hughes, — (lieut., royal staff corps) resignation of, 335. surveyor in charge of roads and bridges, 73.

Hulk establishment

act of council for, 258. advantage in maintenance of, 627. convicts maintained at, 637, 648. proposed abolition of, 84. power of sheriff to remove prisoners to,

from gaol, 678 et seq. rules and regulations for, 678 et seq. salaries of staff of, 630.

Hume, Hamilton health of, on exploring expedition, 608. land grant to, 671. participation of, in explorations by Sturt,

C, 472, 608, 722.

Hunt, Charles

major of brigade, 229.

Hunt, Edward shares held by, in bank of N.S.W., 560.

Hunter river See also "Newcastle."

instructions for land grant to A.A. company at, 539.

land grant at, 671. land grant for discovery of road to, from

Cumberland, 726.

Huskisson, Right Hon. William

letter from, to Darling, R., 9, 10, 30, 160, 161, 162, 16'3, 172, 175, 188, 190, 192, 193, 194, 199.

letter to— from Blaxland, G., 4. from Darling, R,, 3, 5, 10, 11, 15,

23, 24, 25, 27, 31, 32, 33, 37, 41, 44, 47, 53, 54, 64, 69, 73, 78, 79, 85, 86, 95, 102, 103, 112, 114, 116, 118, 120, 122, 145, 153, 15S, 163, 165, 176,

_ 183, 188, 191, 194, 201, 203, 206, 209, 210, 227, 229, 231, 252, 257, 258, 277, 284, 311, 317, 323, 326, 329, 830, 332, 335, 336, 345, 347, 350, 352, 371, 374, 380, 383, 385, 391, 399, 401, 402, 404.

from Forbes, F., 418. from Forlong, J., 16. from Gladstone, J., 30. from Lahsbusch, F. van, 778. from Lockaye, Mrs. E., 166, 171,

731. from Marsden, Revd. S., 145. from Mills, G. G., 238.

want of support from, for Darling, R.,

80, 183,

18, 39, 76, 105, 144, 180, 205, 234, 315, 334, 367, 396,

406,

444.

INDEX. 991 Hutchinson, William duties proposed for, as wharfinger, 694. shares held 'by, in bank of N.S.W., 560.

Hyam, Michael proposal for land grant to, 618. recommendation of, as settler, 2.

Hyde park improvements proposed to, 42. report re proposed allotments at, 598.

Hyde park barracks approval of establishment for, 481, 534. convicts employed at, 647. establishment provided for, 164.

, salaries of officials at, 164, 629. tailors and shoemakers employed at, 20.

Hyndes, Thomas shares held by, in bank of N.S.W., 560.

Iceley and Hindson spirits bonded by, 754.

Icely, Thomas examination of, by executive council, 886,

887.

IUawarra attendance at school at, 54. cultivation of grain at, 139. magistrate appointed for, 404, 708. military quartered at, 229, 404, 708. school established at, 52. want of suitable resident in, as magistrate,

405.

Impeachment of Darling, R., by Wentworth, W . C.

allegations of illegal increase of punishment, 804.

appendices to, 859 et seq. cause of death of Sudds, J., 797, 817 et seq.,

822, 823. comparison of trial of Wall, J., in, 854,

855. construction of irons by order of Darling,

R., 817. demand for production of irons in, 814, 815. denial by Darling, R.—

of allegations— re court-martial on Robison, R, 795. re irons, 795, 796, 797.

of espionage, 795. of statements in, 794 et seq. of substitution of irons, 795.

definitions of malice in, 853. disadvantage in transmission of, through

Darling, R., 801. evidence of malice alleged- in, 856, 857.

Impeachment of Darling, R., by Wentworth, w. C.

explanation by Darling, R., of commutation of sentences on soldiers, 794, 795.

high misdemeanour charged in, against Darling, R., 810.

illness of Thompson, P., alleged due to chains, 795, 807.

inspection of irons by Darling, R., before use, 816.

interpretation of act 7 Geo. IV, No. 5, 837 et seq.

investigation of, by executive council, 867 et seq.

justification claimed under act of council, 836 et seq.

murder charge against Darling, R., in, 835, 853.

nature of alteration of sentences by Darling, R., 851, 852.

necessity for opinion of Forbes, F., on, 718. omission of description of irons in des--

patches by Darling, R., 849, 850. origin of, 692, 801. preparation of, 691. receipt of, from Wentworth, W. C, 713,

714. reference of, to executive council, 793, 867

et seq. rumours re, 690; 691. secrecy of, 691. substitution of irons alleged in, 808, 810. torture alleged in, 809. transmission by Wentworth, W. C.— of, 714. of extracts from, to Forbes, F., 866.

India trade with, 132.

Innes, Archibald Clunes letter from, to Macleay, A., 439. report by— re female factory, 653 et seq. re practise of magistrates, 439.

superintendent of police at Parramatta, 439.

Inspector of hospitals appointment of, 625, 633, 634. salary Oif, 625, 628.

Iredale, Launcelot shares held by, in bank of N.S.W., 560.

Ireland transportation of convicts from, to N.S.W.,

653.

Jackson, J. A. clerk in survey office, 179.

992 '*

James, John deputy-sheriff, 865.

James, Thomas Horton shares held by, in bank of'N.S.W., 560.

Jamison, Sir John visit of, to Thompson, P., in gaol, 863.

Jilks, — evidence of, re Lockaye, A., 170.

Jobson, William petition from, re salary for schoolmaster,

896.

John, ship convicts per, 575. despatch per, 111, 779, 780.

Johnstone, Alexander petition from, re salary for schoolmaster,

396.

Jones, George A. duties of, in office of superintendent of con

victs, 68.

Jones, John wound self-inflicted by, to escape military

service, 897.

Jones, Richard application by, for land grant, 758 et seq. appointment of—

as arbitrator on claims of Lord, S., 157. as member of legislative council, 623.

average valuation of lands by, 309. capital invested by, 760. evidence of, re bank of N.S.W., 551, 552,

555. land held by, 759, 761. letter from— to Darling, R., 558. to Murray, Sir G., 759.

president of bank of N.S.W., 551. shares held by, in bank of N.S.W., 560. sheep imported by, 759, 760. whale fishery established by, 761.

Josephson, Jacob shares held by, in bank of N.S.W., 560.

Jury, trial by abolition of, at quarter sessions, 394. enactments in N.S.W. hill re, 8, 262. opinion of Forbes, F., re, 443. provisions for extension of, 262, 263.

Kangaroo reduction in duty on skins of, imported to

England, 314.

Keane, Reverend J. E. location and salary of, 78.

Kearney, John See "Carney, John."

Keefe, John claim of, to freedom, 565, 566.

Keith, E. J. land grant to, 671.

Kelly, James commutation of death sentence on, 41, 405. notes on evidence at trial of, to be sent to

England, 405. report on trial of, 900 et seq.

Kelly, John error in sentence on, 575.

Kelman, W. D. land grant to, 671.

Kelso school-house required at, 50, 51.

Kemp, — clerk in office of superintendent of convicts,

69.

Kennius, Arthur land grant to, 671.

Kent, Thomas land grant for, for export of extract of

wattle bark, 196. recommendation of, as settler, 1.

Kidd, Thomas petition from, re salary for schoolmaster,

396.

Kiernan, Henry land grant to, 671.

King, George recommendation of, as naval settler, 1.

King George's sound convicts maintained at, 637, 648. difficulty of communication with, 521. half-yearly issue of clothing at, 189. increased expenditure due to settlement at,

13. military quartered at, 229.

King, Phillip Farker appointment of, as member of legislative

council, 623.

INDEX. 993

Kinghorne, Alexander payment of salary to, as civil engineer, 161.

Kinghorne, Alexander, jr. examination of, by executive council, 895,

896.

Kinghorne, James examination of, by executive council, 887,

888.

King's plains land grant at, 671.

Kingston, J. letter from, to treasury, lords of, 339.

Kirkham attendance at school at, 54. school established at, 52.

Knapp, E. J. H. draftsman in survey office, 179. promotion of, as assistant surveyor, 338.

Krotky, H.I.R.M. ship visit of, to Port Jackson, 699.

Lack, Thomas letter from, to Twiss, H., 322.

Lady Blackwood, ship despatch per, 618, 622, 6-24, 633, 636, 638,

641, 644, 645, 649, 650, 659, 661, 662, 663, 668, 669.

Lahsbusch, F. van letter from, to Huskisson, W., 778. recommendation of, for indulgence, 777. request of, for ticket of leave, 777, 778.

Laidley, James (dep. com.-genl.) control of commissariat assumed by, 126. land grant to, for town residence, 598. letter from, to Robison, R., 492. letter to, from Robison, R., 491. procedure recommended by, re ship Almorah,

32. report by—• on average cost of maintenance of con

vict, 574; on requisitions, 19 et seq.

transmission of requisitions by, 19.

Lake George land grant at, 671.

Lamb, J. F. land grant to, 671.

Lamb, John - ~ recommendation of, as settler, 2.

Lambert, Robert land grant to, 671.

recommendation of, as settler, 1.

Lambert, Thomas clerk in audit office, 278. qualifications of, 278. salary of, 278, 282.

Lambie, — recommendation of, as settler, 2.

Land abolition of tickets of occupation for, 285. concessions offered to purchasers of, 209. memorial from landholders re instalments

on purchase of, 207. rental values proposed for, 292. request for relief in payment of instalments

on purchase of, 206 et seq., 345, 346, 347.

reservation of, for church purposes, 287. revenue from, 294. valuations of, in parishes, 287.

Land board letter from, to Darling, R., 298. letter to, from Darling, R., 297. report by— on application by Connor, if., for land,

318 et seq. on problems of land grants, 299 et seq.

Land grants abolition of regulations re choice of land

for, 284. board appointed for inquiry re, 581, 582.

by free grant— additional areas for, 286. age limit for recipients of, 287, 290, 293. area of, in proportion to capital, 284. amendments necessary to instructions to

governor re, 383 et seq. assessments proposed for, 306. date for commencement of quit rent on,

290, 294, 384. encouragement of, vice grants by pur

chase, 285. • extension of— for settlers with families, 288, 290, 295,

302, 308. for unmarried resident settlers, 289,

308. fictitious returns of capital.lodged to ob

tain, 677, 678. for clergy, 786, 787. general average valuation for, 288,. 289,

291, 292, 297, 298, 306, 308 et seq., 383.

SER. I. VOL. XIV—3 R

994 INDEX.

Land grants by free grant—

impracticability of, by quality of land,

295. improvement conditions in, 313, 384.

issue of, as marriage portion, 535, 595. limitation of area of, proposed according

to quality of land, 291, 295, 299,

300. memorandum proposed for information of

settlers re, 376, 377. opening of reserves at Bathurst for, 287. opinion by Oxley, J., re problems of,

295 et seq. power for sale of, 285. practise re titles to, 684, 6-87. preference for personal selection, 300. problems re concessions to military

officers, on, 523.

proposal for— as marriage portions, 385, 535. as rewards for public services, 302. issue of, to military officers according to rank, 524, 525.

quit rent on, proposed on cash valuation, 295.

redemption of quit rent on, 290. regulations re, 376, 377. relative situation of holders of, with pur

chasers, 311, 312. report by Oxley, J., re problems of roads

through, 303 et seq. reservations on, for roads and bridges,

292. revenue expected from, 294. right to make roads through, 285, 300. submission of problems re, to executive

council, 291 et seq. term for non-alienation of, 285, 290, 293,

313. title deeds for, 288. to explorers, 726.

by purchase— amendments necessary to instructions to

governor re, 383 et seq. amount of, under Brisbane, Sir T., 346. approval of governor required for, 2'86. assessments proposed on, 306. discount proposed for prompt payments

on, 313, 384. encouragement of free grants vice, 285. general average valuation for, 288, 289,

291, 292, 297, 298, 306, 308 et seq., 383.

improvement conditions for, 313, 384. limitation of area for, 285, 286, 296, 301.

Land grants by purchase—.

memorandum proposed for information of settlers re, 376, 377.

method for— control of jobbing in, 294, 580, 581,

600. payments on, 288, 289, 294, 297, 301,

302. modifications proposed for conditions of,

307. objections to limitation of areas for, 297. opinion by Oxley, J., re problems of, 295

et seq. permission of governor-in-council pro

posed prior to, 302, 345 et seq. price of, under Brisbane, Sir T., 310. proposal for—

credit in payments for, 287. for grazing purposes, 302, 303.

quit rents proposed for, 289, 294, 312, 384.

redemption of quit rents on, 290. regulations re, 376, 377. relative situation of purchasers of, with

grantees, 311, 312. relief for instalments due on, 206, 605. rental values prior to, 292. revenue expected from, 294. special valuations for, 286.

submission of problems re, to executive council, 291 et seq.

term for non-alienation of, 286, 290, 293, 313.

title deeds for, 288. collection of quit rents on, 25, 26, 193. concessions on, proposed for officers of E.I.

company, 191, 192, 494 et seq. discontent of native-born Australians re,

590, 595, 600. form of deed- for, for residence, 43, 44. instructions re, to civil servants, 237, 238,

475 et seq. issue of—•

to civil servants, 475 et seq. without advice of council, 717.

limitation of size of, 245, 284. maladministration of, by Darling, R.,

alleged by Hall, E. S., 580. problem of, to tradespeople, 618, 677, 678. prohibition of, to temporary settlers, 215. proposal—

by Hall, E. S., re returns of, 580, 581, 600.

for, to men of veteran companies on discharge, 613.

regulations re, to military settlers, 216. restrictions on, to merchants, 216.

INDE

Land grants return—

of, 671, 672. of, to civil servants, 478, 479.

suspension of allowance on, for maintenance of convicts, 284, 384, 385.

term of residence required on, 216. to church and school corporation, 640, 641,

659. to officials for residences, 41, 42.

Lang, Reverend John Dunmore arrival of, in colony, 473. conduct of, 473. land grant to, 671. pamphlet published by, 472 et seq. petition from, re salary for schoolmaster,

396, 707. statements by, resented by Wemyss, W.,

473.

Lang-, Richard petition from, re salary for schoolmaster,

396.

Lang, William petition from, re salary for schoolmaster,

396.

Langa, Burman appointment of, as comptroller of customs,

180, 250. arrival of, 641. letter from, to Macleay, A., 694. letter of introduction for, 226.

Lapstone hill punishment of Thompson, P., in chain gang

on, 805, 862.

Larmer, James appointment of, as draftsman, 605, 719.

Laws, John M. (commander, R.N.) letter from— to commander-in-chief in India, 739. to Croker, J. W., 741. to Darling, R., 738.

report by, re removal of Pitcairn islanders, 741, 742.

visit of, to Society islands, 737, 73-8 et seq.

Lawson, — inspection by, of irons used on Thompson,

P., 887.

Lawson, William land gtrant to, for exploration of Blue moun

tains, 726. shares held by, in bank of N.S.W., 560.

A- 995

Layton, John salary of, as catechist, 78.

Layton, ship convicts per, 575.

Leather manufacture of, 129.

Lethbridge, B. C. land grant to, 671.

Letitia, ship wreck of, 661.

Levi, Walter refusal of land grant for, 600.

Limestone occurrence of, in country, 130.

Limestone plains land grant to Campbell, R., at, 710, 711.

Lindesay, parish of land grant in, to clergy and school estates,

641.

Lindesay, Fatrick (colonel, 39th regt.) alleged influence of Darling, R., over, 898. appointment of, as member— of executive council, 735. of legislative council, 623.

inquiry by, re impeachment by Wentworth, W. C, 8-67 et seq.

letter from— to Darling, R., 79. to Murray, Sir G., 736.

request of, for remuneration for civil duties, 736, 737.

Lithgow, William appointment of, as member of legislative

council, 623. approval of appointment of, as colonial

auditor, 163. clerks appointed by, 380 et seq. land grant to, 478. letter from— to Campbell, R., 711. to Macleay, A., 253, 278, 367, 380, 534.

letter to, from Moore, C, 281. methods of payments introduced by, 367. report by—• as member, of board of female factory,

186, 653 et seq. pilot and landing waiter at Newcastle,

327 et seq. re assistant to warehouse-keeper, 568

et seq. re bonded stores, 753 et seq.

996 INDEX.

Lithgow, William report b y — re claims of Panton, G., 534. re delay in preparation of accounts, 253

et seq. re destruction of commissariat notes, 323

et seq. re establishment of audit office, 278 et seq. re fees in courts of request, 748 et seq. re military expenditure, 333. re pension for widow of Oxley, J., 467,

468. re post-office, 449, 450. re scale of prices, 572, 573.

salary of, 163. shares held by, in bank of N.S.W., 560.

Live stock cattle, increase in number of, 143. horses, improvement of, 143. importation by Jones, R., of Saxon sheep,

759, 760. inability to dispose of, 'belonging to gov

ernment, 401. proceeds from sale of, 720. values of, 760.

Liverpool attendance at school at, 53, 54. convicts employed at, 637, 647. erection of—

court-house at, 210, 211) 532, 533. hospital at, 203, 204.

failure of contractor for court-house at, 402. fees taken in court of request at, 749. militarj- quartered at, 229. misconduct of Mackaness, J., at, 504, 505. post-office at, 449. proposal for transfer of patients from Syd

ney hospital to, 203, 204. records of bench of magistrates at, 236. report on hospital at, 205. road party stationed at, 72. salaries of officials of gaol at, 630. salary of superintendent of convicts at, 629. school established at, 5-2. transfer of insane patients to, 211.

Livingstone, A. petition from, re salary for schoolmaster,

396.

Lockaye, Elizabeth allegations made by, re identity of Lockaye,

A., 166 et seq., 406, 731 et seq. letter from, to Huskisson, W., 166, 171,

406, 731. letter to, from Lockaye, A., 170. passage money paid for, to Cape, town, 446.

Lockaye (Lockage), Alexander criticism of witnesses by, 170. identity of, 165, 730 et seq. impeachment of Darling, R., proposed in

case of, 857. letter from, to Lockaye, Mrs. E., 170. suicide of, 445. treatment of, 165.

Lockyer, Edmund (Edward) (major, rtd.)

appointment of, as surveyor of roads and bridges, 335, 792, 793.

criticism by Forbes, F., on certificate given by, 441.

examination of, by executive council, 896, 897.

explanation by, re certified copy of trial of Earles, W., 437, 438, 439.

land grant to, 479. letter from, to Macleay, A., 438. protest by, against remarks by Forbes, F.,

439. report by, as member of board of female

factory, 186, 187. salary of, 3-35.

Logan, Fatrick (capt., 57th regt.) association of, with Cunningham, A., in ex

ploration, 668. commandant at Brisbane town, 668, 700. explorations by, 700. recommendation of, for increase of salary,

700. salary of, 700.

Logan river discovery of, 700.

Long-bottom convicts employed at, 687, 647. military quartered at, 229. road party stationed at, 72.

Lord Liverpool, cutter arrival and departure of, at Newcastle, 159,

160.

Lord Melville, ship convicts per, 2. despatch per, 447, 45-3, 454, 459, 460, 461,

462, 463, 465, 466.

Lord, Simeon arbitrators appointed on claim of, 157. award given to, by arbitrators, 154, 157. certificate re land for, from Macquarie, L,

156. claim of, for land surrendered for public

purposes, 153 et seq.

INDEX. 997 Lord, Simeon

land grant to, 671. letter to, from Oxley, J., 158. orders for payment of claim of, 481, 482. payment of claim of, in cash and land, 154,

157. proposal to submit claims of, to arbitra

tion, 158. shares held by, in bank of N.S.W., 560. statement of claim by, 155 et seq.

Louisa, ship

female convicts per, 186.

Lovell, James (serjeant-major, 57th regt.)


Lowe, Alexander recommendation of, as settler, 735.

Lowe, George A. duties of, in office of superintendent of con

victs, 69.

Lucy Anne, brig approval of purchase of, 215.

Lucy Davidson, ship convicts per, 575.

Lunatic asylum convicts in, at Liverpool, 637, 648. formation of, at Liverpool, 211. proposal for, at Elizabeth bay, 597, 598.

Luthman, A. C. recommendation in favour of, 690,

Lyons, Samuel shares held by, in bank of N.S.W., 560.

Macalister, — clerk in office of superintendent of convicts,

68, 69. duties of, 68.

MacAlister, L. land grant to, 672. memorial from, re instalments on land pur

chased, 207.

Macarthur, Hannibal average valuation of land by, 309. memorial from, re instalments on land pur

chased, 207. nomination of, for vacancy in legislative

council, 624.

Macarthur, James letter from, to governor of A.A. companv,

544. memorial from, re instalments on land pur

chased, 207.

Macarthur, John appointment of, as member of legislative

council, 623. criticism of, by Darling, R., 119, 120. employment of Halloran, L. H , proposed

by, 3-92. impeachment of Forbes, F., proposed by,

120. letter from, to Darling, R., 548. opinion of, re suspension of bank of N.S.W.,

552, 553. proposals by, re executive and legislative

councils, 120, 121. refusal of, to accept land for A.A. company,

36-9, 370, 547, 548, 549.

Macarthur, William nomination of, for vacancy in legislative

council, 624.

Macdonald, Sir Archibald address of, at trial of Wall, J., 854.

Macdonald, William qualified approval of pardon for, 611.

Macintosh, J. proposed employment of, in audit office, 281. salary for, as clerk in audit office, 282.

Maclntyre, James (assist.-surgeon)

alleged attempt to discredit evidence of, 821.

criticism of Darling, R., re treatment of Sudds, J., by, 620.

land grant to, 479. treatment of Sudds, J., by, 807, 817 et seq.,

882.

Mackaness, John (sheriff)

accounts required from, 513. alleged dictation of despatch re, by Stewart,

W., 109. application by—• for land grant, 506, 507, 508. to be referred to England, 502, 507, 508.

association of, with Wardell, R., and Wentworth, W. C, 502.

character of, 502. complaint by, re land grant, 501. confirmation of dismissal of, 363. evidence of, re irons of Sudds, J., and

Thompson, P., 816, 817, 865. financial position of, 503.

998 INDEX.

Mackaness, John (sheriff) land grant to, 478. legal suit against, for recovery of fees, 503,

610 et seq. letter from— to Busby, J., 513-. to Forbes, F., 109. to Macleay, A., 507, 508, 509, 866. to Murray, Sir G., 506.

letter to— from Forbes, F., 509. from Macleay, A., 507, 508, 509, 512,

513, 865, 866. from Mitchell, T. L., 508. from Stephen, J., 509.

misappropriation by, of funds of Hemingj, — , 503, 504.

prosecution of, for assault, 504, 505. purchase by, of house from Wemyss, W.,

503. request by, for warrant for land grant, 508,

509. retention of fees by, for expenses, 502, 510

et seq. salary paid to, 512. testimonial given to, by judges, 504, 505,

509. use made of, by Forbes, F„ 198. warrant for land grant to, 509.

Mackellar, Duncan land grant to, 672. proposal for land grant to, 283. / recommendation of, as settler, 2.

Mackenzie, A. K. memorial from, re instalments on land pur

chased, 207.

Mackenzie, George recommendation of, as settler, 1, 30.

Mackenzie, John F. memorial from, re instalments on land pur

chased, 207.

Macleay, Alexander (colonial secretary)

alleged influence of Darling, 11., over, 89S. application by, for land grant, 389. appointment of, as member of legislative

council, 623. examination of Thompson, P., before, 860

et seq. inquiry by, re impeachment -by Wentworth,

W. C, 867 et seq. land to be granted and sold to, 390. land grant to— at Brownlow hill, 386, 389, 390. at Elizabeth bay, 42, 598.

Macleay, Alexander (colonial secretary)

land grant to, 478, 589.

letter from— to Baxter, A. M., 782, 784. to Darling, R., 389. to Dumaresq, W., 676. to Hall, E. S„ 583-, 584. to Hovell, W. H., 728, 729. to Mackaness, J., 507, 508, 509, 512,

513, 865, 866. to Robison, R., 486, 489, 491.

letter to— from Anderson, W., 565. from Baxter, A. M., 604, 781, 782. from Bowman, J., 350. from Busby, 3„ 512. from Cameron, C, 697. from Carter, W „ 631. from Cotton, M. C, 694. from Cowper, C, 97. from Dumaresq, W., 45, from Dunn, R., 350. from Hall, E. S., 583, 584. from Hely, F. A., 66, 230, 315, 378. from Innes, A. C, 439. from Langa, B., 694. from Lithgow, W., 253, 278, 367, 380,

584. from Lockyer, E., 438. from Mackaness, J., 507, 508, 509, 866. from Macquoid, T., 662, 723. from Marsden, Revd. S., 442, 499. from McLeod, D., 350. from Mitchell, T. L., 713. from Moore, W. H., 892. from Oxley, J., 213. from Robison, R., 487. from Rossi, F. N., 534. from Sampson, J., 510, 604. from Wilson, T. B., 697.

misdemeanours alleged against, 857. misstatements by, alleged by Wentworth,

W. V., 819, 850. pension of, 589.

procedure recommended by, re ship Almorah, 32.

report by—•

on defective indents of convicts, 117 et seq.

on female factory, 186, 187, 653 et seq. on pension for widow of Oxley, J., 467,

468. on post-office, 449, 450.

reported allotment for, at Hyde park, 598. salary of, 589. statement by Wilkinson, Revd. F., re land

grant to, 386, 387, 388, 389.

INDEX. 999 Macleod, Don


Macpherson, William appointment of, as collector of internal

revenue, 516. bonds given by, 633. salary for, 516. security to be given by, 516.

Macquarie, Lachlan (governor) certificate from— in favour of Howe, R., 34. to Lord, S., re land, 156.

Macquarie-place land surrendered by Lord, S„ at, 153 et seq.

Macquarie river exploration of, by Sturt, C, 471, 472, 607,

608, 721, 722.

Macqueen, T. Fotter bonded stores leased from, 754. letter from, to Murray, Sir G., 289. opposition of agent of, to Dangar, H., 529. request by, for permission to purchase land

claimed by Dangar, H., 239.

Macquoid, Thomas appointment of, as sheriff, 243. claim of, to moiety of salary from date of

embarkation, 723, 724. letter from, to Macleay, A., 662, 723. memorial- of, for town allotment and land

grant, 681, 682.

Macvitie, Thomas memorial from, re instalments on land pur


council, 624. petition from, re salary for schoolmaster.

396.

Maddox, George Thomas (dep. assist. com.-genl.)

erroneous deductions made by, 696. letter from, to Hill, W., 173. proposals by, for reduction of expenditure

on convicts, 173 et seq., 696. report by, on requisitions, 19 et seq.

Magnet, ship despatch per, 577, 57-8, 601, 603, 607, 612,

614, 615, 616, 617, 618.

Mahine robbery of, by escaped convicts, 739.

Maihara, queen complaint by, re convicts and whalers- at

Society islands, 737, 738. letter from, to Darling, R., 738.

Maize average crops of, 141. cultivation of, 141. use of, for meal, 141.

Malcom, J. petition from, re salary for schoolmaster,

896.

Mann, John land grant to, 672.

Manning, John Edye appointment of, as registrar of supreme

court, 352, 447.

Manning river discovery of coal at, 544. grant to A.A. company bounded by, 548. prospects of cultivation of sugar-cane at,

134. tropical productions at, prospects of, 142.

Manufactures report on, by Darling, R., 128, 129.

Marble discovery of, in Argyle, 130.

Margaret, ship despatch per, 227, 229, 231, 234.

Market values of bread, 232. of butter, 144. of cheese, 129, 144. of grain, 232. of sheep, 760. of soap, 128. scale of prices for labour, 571 et seq.

Marquis of Hastings, ship convicts per, 2.

Marriage licenses issue of, by governor, 399. opinion of Sampson, J., re, 400.

Marsden, Charles memorial from, re instalments on land pur

chased, 207.

Marsden, Beverend Samuel account of trials by, 151 et seq. bill of indemnity passed for, 150. charges made against, re conduct as magis

trate, 146. evidence offered by, against Douglass, H. G.,

148, 197.

1000 INDEX.

Marsden, Reverend Samuel . i letter from— to Forbes, F., 500. to Huskisson, W., 145. to Macleay, A., 442, 499.

letter to, from Forbes, F., 500. libels published on, 149. location and salary of, 78. memorial from, re instalments on land pur

chased, 207. motives imputed by, to Forbes, F., 417. necessity for refutation of charges by, 146. refusal of evidence tendered by, re Doug

lass, H. G., 148, 197, 420. reply of Forbes, F., to statements by, 418

et seq., 436 et seq. report by, as member of board of female

factory, 186, 187, 653 et seq. reprimand received by, from Bathurst, earl,

146/ request by, for copy of letter by Forbes, F.,

499 et seq. review on pamphlet by, 336. statements by—-in reply to charges, 147 et seq. re inquiry into charges against Douglass,

H. G., 419 et seq. re passing of act of indemnity for magis

trates, 424 et seq. re trial of Earles, W., 432, 437, 440, 442,

443.

Martin, John report required re proposed land grant to,

612.

Marwood, parish of land grant in, to clergy and school estates,

641.

Mary, ship despatch per, 735, 737.

Mason, — (Serjeant) storekeeper of roads and bridgjes, 73.

Matcham, Charles recommendation of, as settler, 2.

Maughan, John land grant to, 672.

Mauritius remittances to, 133. trade with, 132.

Maye, — recommendation of, as settler, 2.

Maziere, David shares tald by, in bank of N.S.W., 560.

McBrien, — assistant surveyor, 179.

McGUlivray, — clerk in office of superintendent of convicts,

68, 69. duties of, 68.

McGregor, Sir James report by, on hospital requisitions, 464.

McHenry, John magistrate at PenTith, 811. removal of irons from Thompson, P., by,

862. statement by, re irons of Thompson, P., 812.

Mclntyre, Feter land claimed by, 239. spirits bonded by, 754.

Mclntyre, Thomas petition from, re salary for schoolmaster,

396.

McKay, D. F. charges made by Robison, R., against, 483,

484, 487, 488, 489, 491. dismissal of, 484. statement of facts re, 484. superintendent of works at Newcastle, 484.

McKellip, Archibald petition from, re salary for schoolmaster,

396.

McLaine, F. recommendation of, as settler, 2.

McLeod, Alexander appointment of, as superintendent of agri

culture at Norfolk island, 701.

McLeod, Donald clerk in audit office, 381. salary of, 381.

McLeod, Donald (military surgeon) land grant to, 479. report b y re small-pox on ship Bussorah Merchant,

350. re wine in commissariat stores, 780.

McMahon, Bryan evidence of, at trial of Kelly, J., 901.

McNaughton, J. petition from, re salary for schoolmaster,

396.

McFherson, Feter land grant to, 671. petition from, re salary for schoolmaster,

396.

INDEX. 1001

McQueen, John appointment of, as arbitrator on claims of

Lord, S., 157. shares held by, in bank of N.S.W., 560.

McStravick, John petition from, re salary for schoolmaster,

396.

Meares, Reverend M. D. location and salary of, 78.

Medical department appointment of inspector of hospitals for,

625. forage allowances for officers of, 634. hospital assistants proposed on staff of, 16. promotion of assistant surgeons in, 625,

633, 634. salaries of staff of, 82, 628, 629.

Medway instructions for erection of parsonage at,

788. parsonage required at, 50, 51. school established at, 52. school-house required at, 50, 51.

Mellish, ship despatch per, 446.

Melville island adverse report on conditions at, 331. approval of expenditure on, 462, 463. convicts maintained at, 637. difficulty in procuring surgeon for, 15. disadvantages of, 214, 215, 411. half-yearly issue of clothing at, 189. inability to submit report re, 212. increased expenditure due to settlement on,

13. military quartered at, 229. objects of settlement at, 410. orders to abandon settlement at, 411, 704. relief of commandant at, 830. salary of commandant at, 16. settlers at, to be removed to Raffles bay,

215, 410. supplies sent to, 85. surgeon appointed at, 15, 454. vessel sent for removal of settlement from,

521.

Melville, Bobert petition from, re salary for schoolmaster,

896.

Mermaid, cutter repairs to, 37'5, 707.

Mermaid, ship convicts per, 2, 575.

Merton land grant at, 526.

Mestre, Fresper de shares held by, in bank of N.S.W., 560.

| Middlehope, parish of land grant in, to clergy and school estates,

641.

| Middleton, G. A. land grant to, 671.

Military attempts of, to escape military service, 618

et seq., 794, 799, 802, 803, 846 et seq., 872, 897.

convicts employed by, 647. detention of detachments of, 200. expenditure on, 125, 332 et seq., 339. hospital for, 204. instructions re succession of senior officer of,

to government, 520, 521. necessity for increase of, 126. number of, required, 228. postage on- letters of, 79, 606, 607. proposals re land grants to officers of, 523

et seq. proposed remission of duty on_ wine for

messes of, 3-3, 635. regulations re land grants to officers of, 216. repairs proposed to barracks of, 112 et seq.,

527. return of crimes committed by, 897. transmission of returns of, 3, 576. want of—•

colonial allowances for, 736, 737. defensive works by, 461, 462.

Miller, J. petition from, re salary for schoolmaster,

396.

Miller, Matthew pardon for, 575. transmission of papers re trial of, 515.

Mills, George Galway application by, for land grant, 237, 475. land grant to, 478. letter from—• to Horton, R. W., 238. to Huskisson, W., 238.

remarks made by Darling, R., re, 366, 719. request for report re death and effects of,

340, 343. •

Mineral surveyor convicts employed by, 636, 647. salary of, 83, 626.

Minto attendance at school at, 53, 54. cultivation of grain at, 138. school established at, 52. school-house required at, 50.

1002 INDEX.

Mitchell, —

appointment of, as civil engineer, 175. salary of, 175, 176. transfer of, to another colony, 248.

Mitchell, F. Shares held by, in bank of N.S.W., 560.

Mitchell, James (assist.-surg-eon)


land grant to, 479. memorial from, re instalments on land pur

chased, 207. neglect to call evidence of, in case of Sudds,

J., 820. promotion of, as surgeon, 633, 634.

Mitchell, M. recommendation of, as settler, 2.

Mitchell, Thomas Livingstone

allowance to, for house rent, 210, 673, 674. appointment of— as acting surveyor-general, 48, 79. as surveyor-general, 2'09, 515.

confirmation of appointment of, as surveyor-general, 515.

increment proposed for, 625. land grant to, 478, 672. letter from— to Darling, R., 298. to Mackaness, J., 5-0-8. to Macleay, A., 713.

memorandum by, re survey of colony, 178, 179.

report b y — re average valuation of lands, 298. re delays in survey office, 176 et seq.

salary of, 625. trigonometrical survey proposed by, 176.

Molong plains military quartered at, 229.

Molonglo plains land grant at, 672.

Monaro exploration of; by Ovens, J., 726.

"Monitor" (newspaper) criticism in—• re case of Sudds, J., and Thompson, P.,

619, 858. Sydney Gazette re article in, 578.

opinion of Darling, R., re, 587. policy of Hall, E. S., in, 588. transmission of series of, 3.

Montagu, Algernon appointment of, as commissioner of court

of requests, 225. detention of, for service in Tasmania, 712. possible employment of, in Tasmania, 225. recommendation in favour of, 226.

Monteflore, Joseph Barrow application by, for land grant, 244. instructions re land grant for, 245. letter from, to Murray, Sir G., 244. recommendation of, as settler, 243, 244.

Moore, Charles letter from, to LithgSw, W., 281. qualifications and claims of, 278. request by, for increase of salary, 278, 281. resignation proposed by, 278, 281. retirement of, as clerk in supreme court,

667. salary of, 278, 282.

Moore, James Henry letter from, to Gower, F. L., 660. recommendation in favour of, 660. request for appointment by, 661.

Moore, J. J. memorial from, re instalments on land pur

chased, 207.

Moore, John Rush nomination of, as landing waiter at New

castle, 158.

Moore, Joseph Henry recommendation of, as settler, 1.

Moore, Thomas memorial from, re instalments on land pur

chased, 207.

Moore, William evidence of, at trial of Kelly, J., 900, 901.

Moore, William Henry alleged request through, for assistance of

Wentworth, W. C, 798, 825, 880, 881, 891, 892.

claim of, to continuation of salary as crown solicitor, 368, 369.

examination— of, by executive council, 891. of Thompson, P., before, 860 et seq.

instructions for reinstatement of, in public service, 364.

letter from, to Macleay, A., 892. refusal of, to swear to examination by

executive council, 871.

Moran, F. (assist.-surgeon) land grant to, 479.

INDEX. 1003 Moreton bay agricultural establishment at, 518. approval of settlement at Dunwich in, 480. attendance at school at, 53, 54. charter of ship Borodino to convey convicts

to, 374, 375, 706. commandant at, 668, 700. convicts maintained at, 72, 522, 637, 648,

700. explorations of Cunningham, A., from, 668,

669. failure of harvest at, 522. freight of ship City of Edinburgh for, 522. half-yearly issue of clothing at, 189. military quartered at, 229, 522. passage of Darling, R., to, 9, 329, 380. salaTy of superintendent of convicts at, 629. school established at, 52.

Moriarty, Merion M. recommendation of, as settler, 1.

Moriarty, Redmond recommendation of, as settler, 1.

Moriarty, William recommendation of, as settler, 1. request for appointment for, 689.

Morisset, James T- (lieut.-colonel) claim of, for forage allowance, 336. command at Norfolk island to be assumed

by, 642. disapproval of forage allowance for, 705, identity of Lockaye, A., established by, 165. inquiry by—• at Port Macquarie, 518. to be held at Newcastle, 491.

instructions re employment of, 192. land grant to, 671. letter from, to Darling, R., 621.

Morley, ship censure on master and surgeon of, 706. convicts per, 575. introduction of whooping-cough in, 347.

Morpeth parsonage required at, 50: school established at, 52. school-house required at, 50, 51.

Morris, W. T. land grant to, 672.

Morrison, Robert passage for wife and family of, 575.

Mowatt, Francis appointment of, to customs department, 250.

Moylan, Francis I. recommendation of, as settler, 1.

Mudgee establishment for natives proposed at, 59.

Mulwarree plains establishment for natives proposed at, 59.

Murphy, Reverend Roger cancellation of appointment of, 218.

state, 214,

217,

237,

250,

325,

394,

408,

447,

463,

516,

534,

610,

693,

706,

730,

218 242 260 338 395 409 453 480 519 53.5

611 70-0

707 780

Murray, Sir George

appointment of, as secretary of 443.

letter from— to Darling, R., 2i4, 215, 216,

220, 221, 222, 225, 226, 243, 245, 246, 248, 249, 272, 275, 283, 314, 322, 342, 352, 356, 3-66, 371, 397, 400, 405, .406, 407, 410, 414, 415, 416, 446, 454, 459, 460, 461, 462, 481, 494, 497, 498, 515, 526, 527, 530, 531, 532, 576, 577, 601, 604, 605, 614, 622, 632, 635, 673, 701, 702, 703, 704, 705, 708, 712, 714, 716, 719, 784, 792, 793.

to Dawson, G. R,, 245. letter to— from Darling, R., 411, 417,

445, 447, 454, 460, 461, 470, 471, 472, 475, 482, 514, 515, 517, 521, 522, 541, 547, 549, 560, 564, 577, 578, 601, 603, 607, 618, 624, 633, 636, 638, 645, 64'9, 650, 659, 661, 668, 6'69, 671, 677, 678, 688, 689, 690, 693, 696, 700, 701, 709, 712, 713, 720, 721, 723, 724, 729, 743, 744, 748, 758, 762, 792, 793, 900.

from Dawson, G. R., 244. from Hall, E. S., 579, 596. from Hovell, W. H., 725. from Jones, R., 759. from Lindesay, P., 736. from Mackaness, J., 506. from Macqueen, T. P., 239. from Monteflore, J. B., 244. from Raine, T., 603. from Snodgrass, K., 644. from Wemyss, W., 473. from Wentworth, W. C, 800.

Murrumbidgee river

establishment for natives proposed at, 59.

435,

466,

499,

534,

566,

616,

641,

662,

681,

693,

714,

735,

779,

443 468 501 5'3'S

571 617 644 663 682 699 716 737 7S0

1004 INDEX.

Myers, —


Myles, Laurence land grant to, 672.

Narellan parsonage required at, 50. school-house required at, 50.

Naval office disorganisation in; 255. revenue collected in, 255.

Naval stores objections to establishment of, 635.

Neale, William pension, for, 631.

Hew, Jane commutation of sentence on, 762. report on case of, 762 et seq. trial and conviction of, 762, 764. validity of conviction of, 763, 764. writ of habeas corpus re, opinion on— by Dowling, J., 771 et seq. by Forbes, F., 765 et seq. by Stephen, J., 771 et seq.

Hew South Wales bill abolition of appeals to governor by, 264. constitution and procedure of supreme court

under, 261. criminal prosecutions under, 263, 264. criticism of, by Darling, R., 8, 9, 14. information collected by secretary of state

re, 261. institution of circuit courts by, 264. law courts in penal settlements under, 8. legislative procedure under, 9, 266. neglect of Forbes, F., to submit criticism

on, to Darling, R., 5, 7. omission in, of reference— to courts of general and quarter sessions,

6. to courts of requests, 6. to detention of convicts, 261. to foreign attachments, 261. to insolvency, 261. to precedency, 269. to punishment of convicts at sea, 261. to restraint of press, 270, 271. to rules for procedure in council, 266. to sheriff, 7.

power— of governor over convicts under, 9. of governor over convicts provided by,

270. to levy duties under, 269.

N e w South Wales bill

provisions— for extension of trial by jury, 262, 263. re legislative council under, 265, 266,

267, 268, 269, 270. quarter sessions under, 265, 394. transmission of printed copy of, 260. trial by jury under, 8, 262. validity of common and statute law under,

268, 269.

New Zealand expected increase in export of flax from,

135. shipment of pines and flax to England from,

133, 604. trade with, 133. trading settlement established in, 133, 603. vessels built at, 603, 604.

New Zealander, brigantine application for registry of, 603, 604.

Newcastle appointment of Robison, R., to, 111, 112. attendance at school at, 53, 54. convicts employed at, 687, 647. customs— establishment at, 695. officer stationed at, 128, 15S, 695.

export of coal from, 159, 160. hospital at, 204. land at—

reserved for public purposes, 540. to be granted to A.A. company, 272

et seq., 539. monopoly of coal-mining at, granted to

A. A. company, 274. pilot and landing-waiter at, 326 et seq. pilotage fees at, 328. position of coal-mines at, 540. post-office at, 449. proposal for lease of coal-mines at, 539. production of coal at, 129, 130. return of shipping at, 159,' 160. salaries of officials of gaol at, 630. salt works established at, 4. school established at, 52. survey of coalfields at, 545.

Newcastle-road " expenditure on, 72. road parties and overseers on, 72.

Newton, Richard

instructions re transportation of, from Bar-badoes, 780.

Nicholson, John (assist, surveyor) appointment of, 535, 719.

INDE.

Nicholson, John approval of salary for, 696. fees to be accounted for by, 247. land grant to, 479. report by—•

re bonded stores, 753 et seq. re pilot and landing waiter at Newcastle,

327 et seq. salary of, as harbour-master, 247. sale of house occupied by, 247.

Nithsdale, ship convicts per, 575.

Noble, Hugh petition from, re salary for schoolmaster,

396.

Norfolk island agricultural establishment at, 518, 701. appointment of superintendent of agricul

ture at, 701. convicts maintained at, 72, 637, 648. failure of harvest at, 522. half-yearly issue of clothing at, 189. import of hay proposed from, 701. military quartered at, 229. nomination of Robison, R., as commandant

at, 112. reorganisation at, 642. salary of superintendent of convicts at, 629. transportation of soldiers to, 794. women to reside at, 642.

Norfolk, ship convicts per, 575. despatch per, 702, 708, 712, 714, 716, 719,

730.

Northumberland, county of land grants in, to clergy and school estates,

641. return of grants in, 671, 672.

Northumberland, sloop arrival and departure of, at Newcastle, 160.

Norton, James letter to, from Halloran, L. H., 392. memorial from, re instalments on land pur

chased, 207. registrar of archdeacon's court, 892.

Nye, Charles examination of, by executive council, 895.

Oakey, Joseph land available for, 345. land leased by, 344.

Oakley, parish of land grant in, to clergy and school estates,

641.

-*• 1005

O'Brien, Andrew request of, for reduction of sentence, 575.

O'Brien, Michael evidence of, at trial of Kelly, J., 901.

Observatory

additions proposed to building of, 355. detention of books of, by Rumker, C. S.,

240, 566. payment tor instruments for, 161, 470. records of observations at, 566. transmission of observations from, 3.

O'Donnel, Arnout

recommendation of, as military settler, 673.

O'Donnell, — statement by Hall, E. S., re, 579, 596

et seq.

O'Donnell, Michael doubt re record of sentence of, 117.

Ogilvie, Feter assistant surveyor, 3-38.

Ogilvie, Thomas petition from, re salary for schoolmaster,

396.

Ogilvie, William (lieut., R.N.) memorial of, soliciting free grant, 525, 526. nomination of, for vacancy in legislative

council, 624. statement of improvements by, 526. testimony in favour of, 523.

O'Halloran, John pardon granted to, 78.

O'Hara, — clerk in survey office, 179.

Oliver, Thomas appointment of, to customs department, 250.

Onge, John recommendation of, as settler, 1, 2.

Onslow, A. Fooley land grant to, 600. resignation of, as surveyor of customs, 188.

Ophthalmia occurrence of— amongst members of exploring expedition

of Sturt, C, 608. in female factory, 655.

1006 IN:

Orders, government instructions to Darling, R., re, 360. re—

charges on spirits and tobacco in bond, 570, 571.

reduction of bread ration for assigned servants, 233.

transmission of printed volume of, 23.

O'Reilly, Anthony payment of money to, 355.

Orelia, ship despatch per, 5, 10, 11, 14, 15, 17, 18, 23.

Ormi visit of, to England with Cook, J., 739.

Orphan school estates act for vesting of, in church corporation,

100. lands granted to trustees for, 98, 99. remuneration of Busby, J., for supervision

of, 96, 100. vesting of, in clergy and school corpora

tion, 77, 95, 97 et seq.

Orphan schools customs revenue assigned to, 77. expenditure on, 76. management of, 748, 7-90. resignation of matron of, 745. revenues assigned for upkeep of, 96, 99

et seq.

Otaheite proposal for removal of Pitcairn islanders

to, 741, 742.

Ovens, John (brigade-major and capt., 74th regt.)

exploration of Monaro by, 726. land grant to, 479. letter from, to Campbell, R., 710, 711.

Oxley, John (surveyor-general) certificate by, re services of Dangar, H.,

685. death of, 205. gift of land proposed to sons of, 467. illness of, 48, 79. lands granted to, for explorations, 727. letter from— to Darling, R., 295, 303. to Lord, S., 158. to Macleay, A., 213.

opinion b y —

re problems of land grants, 295 et seq. re roads and bridges, 303 et seq.

pension proposed for widow of, 205, 466 et seq.

report by, re land at Brownlow hill, 390.

Palmer, George Thomas nomination of, for vacancy in legislative

council, 624. member of committee of female factory, 652. report by, as member of board of female

factory, 186, 187.

Palmer, John land grant to, 672. land granted as marriage portion to

daughter-in-law of, 535.

Panton, George claim re seizure of brig Ann, 533, 534. death of, 729. instructions to, 451 et seq. petition from, re salary for schoolmaster,

396. principal postmaster, 448, 533. salary for, 448, 450.

Parramatta attendance at school at, 53, 54. convicts employed at, 637, 647. court-house required at, 203, 353. discontinuance of allowance to commandant

at, 460. fees taken in court of requests at, 749. gaol required at, 203, 353. hospital at, 204. licentiousness at races held at, 587, 588. manufacture of cloth at, 128. military quartered at, 229. plan and estimates for gaol and court-house

at, 353. postToffiee at, 449. records of bench of magistrates at, 236. road party stationed at, 72. salaries of officials of gaol at, 630. school established at, 52. steam engine at, 129.

Parramatta river salt works established on, 4. survey of, for coalfields, 545.

Pattison, A. L. petition from, re salary for schoolmaster,

396.

Fawsey, James appointment of, as tide-waiter, 694, 695.

Payne, Bryant transfer of, to Wentworth, W. C, by Doug

lass, H. G., 230, 231.

Peacock, U.S. ship visit of, to Society islands, 740.

Feel river

establishment for natives proposed at, 59.

1ND Peel, Thomas recommendation of, as settler, 2, 246.

Peltrick, — recommendation of, as settler, 1.

Penal settlements employment of catechists proposed at, 128. half-yearly issue of clothing at, 189. number of convicts at, 72. preference of convicts for labour in iron

gangs to confinement in, 850, 851, 852, 881, 892.

Pennant hills convicts employed at, 647. cultivation of grain at, 138.

Penrith attendance at school at, 53, 54. court-house required at, 203, 354. post-office at, 449. records of bench of magistrates at, 236. salary of jailor at, 630. school-house required at, 50, 51.

Perrier, David land grant to, 672.

Perry, S. A. (captain, royal staff corps) appointment of, as deputy surveyor-general,

515, 719. salary for, 516.

Phelps, James O. duties proposed for, in customs department,

694.

Philip Dundas, ship approval of charter of, 463. freight of, 86. supplies sent to north Australia in, 85.

Philips, Michael land grant to, 672.

Phillips, S. M. letter from, to Twiss, H., 242.

Phillips, William qualified approval of pardon for, 611.

Phoenix, hulk transfer of Thompson, P., to, 863.

Phoenix, ship convicts per, 2.

Physicians, royal college of questions proposed by, on scientific data,

899.

1007

Pike, John

certificate by, re improvements by Ogilvie, W., 526.

Pitcairn island proposal for removal of residents from, 741,

742.

Pitman, G. T. shares held by, in bank of N.S.W., 560.

Pitt town attendance at school at, 53, 54. school established at, 52.

Planta, Joseph letter from, to Twiss, H., 606.

Plomer, —

evidence of, re Lockaye, A., 170.

Plumley, George

examination of, by executive council, 889.

Police, department of

arrears of business in, 661. increase of clerks in, 661, 662. official residence of superintendent of, 182. reorganisation of, 127.

Fonsonby, parish of

land grant in, to clergy and school estates, 641.

Port Macquarie

agricultural establishment at, 518. approval of withdrawal of penal establish

ment from, 480. attendance at school at, 53, 54. convicts maintained at, 72, 637, 648. cultivation of sugar-cane at, 15, 134, 142. discontinuance of superintendent of agri

culture at, 517. dismissal of commissariat officer at, 518. half-yearly issue of clothing at, 189. inquiry re administration at, 518. instructions for erection of parsonage at,

788. mechanics employed in boat-'building at, 21. military quartered at, 229. mismanagement of government farm at, 517. parsonage required at, 50, 51. salary of superintendent of convicts at, 629. school established at, 52. school-house required at, 50, 51.

Fort Baffles See "Fort Wellington."

1008 IN

Fort Stephens absence of coal at, 544. occupancy of land by A.A. company at,

539. legal rights to min« for coal at, 545. military quartered at, 229. shipment of engine boilers from, 546.

Portland head attendance at school at, 53, 54. school established at, 52.

Post-office commission allowed to deputies in, 448,

450. establishment of inland post, 124. expenditure on, 449. instructions to postmasters, 451 et seq. payment of staff of, 448. postage— on overseas letters, 455. on soldiers' letters, 79, 606, 607.

reforms proposed in, 450. report 'by board on, 44-9, 450," 455. revenue from, 449. staff of, 448.

Power, Reverend Daniel approval of payments to, 218.

Pratt, William land grant to, 672. recommendation of, as settler, 1.

Precedency, order of instructions requested re, 200. proposal for, by Darling, R., 201, 513.

Presbyterians petition from, for subsidy towards master

of proposed school, 396, 397. refusal of petition from, 707.

Press confirmation of opinion of Forbes, F., re

licensing act for, 356. crime of libel in, 585. criticism by Murray, Sir G., on disputes re

restraint of, 356, 357. disallowance of stamp 'act re, 576, 577. instructions re restraint of, 275, 276. necessity for freedom of, 591, 5-92. objections to licensing of, 276. omission from N.S.W. bill of reference to

restraint of, 270, 271, 275. popular opinion re freedom of, 619. power of Darling, R., over writers in, 585,

587. stamp act to be introduced for, 276. statement in house of commons re freedom

of, 590.

Prince, schooner • - • arrival and departure of, at Newcastle, 159.

Princess Charlotte, ship female convicts per, 186.

Princess Royal, ship convicts per, 2. despatch per, 371, 394, 395, 397, 39-8, 400,

405, 406, 407,' 408, 409, 410, 414, 415, 416.

Pritchett, R. C. shares held by, in bank of N.S.W., 560.

Proclamation

re—• remission of duties on grain and flour,

233. duties on spirits, 469, 470.

transmission of printed volume of, 23.

Proctor, John recommendation of, as settler, 2, 317.

Proctor, Richard recommendation of, as settler, 2, 317.

Prospect attendance at school at, 53, 54.. cultivation of grain at, 138. road party stationed at, 72.

. school established at, 52.

Public works, department of convicts employed in, 647. cost of materials in estimates by, 573, 574. proposals by Maddox, G. T., for employ

ment of convicts in, 174, 175. salaries of staff of, 82, 626, 629. system of contract proposed in, 201, 203,

211.

Quarantine precautions-— re small-pox, 34S et seq. re whooping-cough, 347. .

Quarter sessions abolition of juries in, 394. conviction of Sudds, J,, and Thompson, P.,

at, 617, 802, 860. criticism by Murray, Sir G., of sentences

passed at, 395, 743. power in N.S.W. bill to institute, 265. procedure in trials at, 265.

Quit rents date for commencement of, 290, 294, 384. proposal for— '• on cash valuation, 295. on lands purchased, 289, 294, 312, 384.

redemption of, 290. r- .....-;.. ;.-system proposed for collection of, 25, 26,

193, 516.

INDEX. 1009 Rae, —


Rae, Henry


Rae, James


Raffles bay

See "Fort Wellington."

Rainbow, H.M. ship

passage on, of Darling, R., to Moreton bay, 9, 329, 330, 704.

Raine, Thomas application by, for registry of vessel, 603,

604. appointment of, as arbitrator on claims of

Lord, S„ 157. letter from, to Murray, Sir G., 603. shares held by, in bank of N.S.W., 560. trading settlemsnt formed by, at New Zea

land, 603.

Ralfe (Ralph), James

assistant surveyor, 179, 338. date of appointment of, 209, 338. promotion of, as surveyor, 633, 634.

Ranclaud, J. recommendation of, as settler, 2.

Rankin, — inspection by, of irons used by Thompson,

P., 8-87.

Rape seed reduction of duty on, 371.

Rapsey, Charles shares held by, in bank of N.S.W., 560.

Rapsey, Peter H. shares held by, in bank of N.S.W., 5'60.

Raymond, James appointment of, as postmaster, 729, 730. instructions for treatment of, 183. nomination of, as surveyor of customs, 183.

Reddall, Reverend Thomas appointment of, to committee of orphan

school, 99. location and salary of, 78.

Redfern, William

deposition by, re Connor, Jr., 321, 322. shares held by, in bank of N.S.W., 560.

Redmond, Edmond shares held by, in bank of X.S.W., 560.

Redmond, Edward memorial from, re instalments on land pur

chased, 207.

Regiment, 3rd

crime and self-maiming in, to escape service, 897.

Regiment, 39th detachments of, sent to colony, 57S. return of distribution of, 229.

Regiment, 40th detention of, 577. necessity for detention of, 227, 22S. orders for transfer of, to India, 578.

Regiment, 57th

arrest of private of, for robbery to escape military service, 618, 621.

crime and self-maiming in, to escape service, 897.

detachments of, sent to colony, 578. return of distribution of, 229. suicides of, 803.

Reiby, Mary

shares held by, in bank of N.S.W., 5-60.

Reid, David land grant to, 672.

Returns

of applications for tickets of leave, 317. of attendance at schools, 53, 54. of chaplains and catechists, 78. , of clerks in office of superintendent of con

victs, 69. of convictions before supreme court, 29. of convicts— arrivals of, 649. employed by government, 636, 637. maintained by government, 637, 648.

of debts due to government, 27. of expirees, 649. of extra tide-waiters in customs department,

571. of female convicts in factory, 658. of free women confined in factory, 659. of land grants, 671, 672. of land grants to civil servants, 478, 479. of mechanics in engineer department, 203. of. military, 229.

SER. I. VOL. XIV—3 S

1010 INDEX.

Returns

of persons relieved at benevolent asylum, 40, 103.

of revenue collected at custom house, 378. of shareholders in bank of N.S.W., 560. of shipping at Newcastle, 159, 160. of staff in survey department, 179. of superintendents in department of roads,

73. of tickets of leave, 649.

Reus, Geboren

See "Lockaye, Mrs. E."

Richards, James Byrn

assistant surveyor, 179, 388. date of appointment of, 209, 338. promotion of, as surveyor, 633, 634.

Richardson, W. (assist.-surgeon)

land grant to, 479.

Richmond attendance at school at, 53, 54. school established at, 52.

Road parties

approval of system of superintendence of, 460.

character of convicts employed in, 70, 71. convicts employed in, 72, 637, 648. expenditure on, 70, 71, 73. irons used in, 875, 883, 884, 885, 886,

896. limitation of service of convicts- in, 648. orders re men in, 888. preference of convicts for service in, 850,

851, 852. return of superintendents of, 73. salary of superintendent of, 72, 73. unsuitahility of soldiers as overseers of, 23,

70.

Roads See "Great northern road," "Great southern

road," "Great western road," "Newcastle road."

adaptability of country for, 303. objections to assessments for, 301, 305. preference for system of tolls on, 301. proposal re construction— of cross or parish roads, 290, 292, 296,

301. of main roads, 290, 292, 296, 304.

report by Oxley, J., re problems of, 303 et seq.

reservation in land grants for, 292, 300.

Roads and bridges, department of

abolition of office of surveyor of, 793. appointment of surveyor of, 335. convicts employed in, 72, 648. • duties of assistant surveyors in, 69 et seq. expenditure on, 70, 71, 73. necessity for assistant surveyor in, 335. reorganisation of, 123. return of superintendents of, 73.

salaries of staff of, 82, 83, 385, 626, 629.

Robb, James petition from, re salary for schoolmaster,

396.

Robertson, J.

petition from, re salary for schoolmaster,

396.

Robison, Robert (captain, veteran company)

appointment of— to Bathurst, 112. to Newcastle, 111, 112.

admission by, re transmission of charges,-199.

agitation by, re case of Sudds, J., and Thompson, P., 617.

association of, with Wilkinson, Revd. F., 387, 388.

certificate required from, 492.

charges made by— agjainst Darling, R., 105 et seq., 110. re officials at Newcastle, 483.

court-martial on, 198, 482, 795, 811. demand by Darling, R., for charges made

by, 10-6, 107, 398. depositions submitted by, 488. description by, of irons used on Thompson,

P., 864. detention of, in colony, 482, 486, 489, 493. examination of, by executive council, 893,

894. family connections of, 482. forgery by Stewart, W., alleged by, 111. height of, 893. inquiry into charges made by, 484, 487,

488, 489, 491. insolence of, 485. intimacy of, with Stephen, J., 108. irons used by Thompson, P., tested by, 796,

811, 812, 864, 883, 893, 896. lodging money for, 485, 493.

letter from— to Forbes, J. D., 493. to Laidley, J., 491. to Macleay, A., 487.

INDE

Robison, Robert (captain, veteran company)

letter from— to Sturt, C, 106. to Wentworth, W. C, 863.

letter to— from Laidley, J., 492. from Macleay, A., 486, 491. from Sturt, C, 106, 107, 489. from Wentworth, W. C, 863.

marriage of, 111. misstatement by Wilkinson, Revd. F., re

court-martial on, 562. nomination of, to Norfolk island, 112. non-attendance of, at inquiry, 484, 487. observations by Darling, R., on charges

made by, 111, 112. orders for return of, to Newcastle, 483, 489. passage money for, 485, 491. prohibition of correspondence with, 483,

485. protest—

of, against examination by executive council, 869.

of Wentworth, W. C, re examination of, 799.

Teasons for not enforcing return of, to Newcastle, 486.

refusal— by, to accept verbal orders, 493. to notice representations by, 486.

reply by Wright, S., to charges made by, 48'9 et seq.

unreliability of evidence of, 796. visit of, to Emu plains, 796, 811, 812, 864,

887, 893, 895.

Robson, George


Robson, John

shares held by, in bank of N.S.W., 5'60.

Rodd, John adverse report re, 212, 213. assistant surveyor, 179. land grant to, 479. letter from, to Condamine, T. de la, 213. letter to, from Hay, R. W., 517. refusal by, of appointment as draftsman,

213. request by, for extra land grant refused, 517.

services of, 213.

Rodgers, George J.

letter from, to Forbes, F., 667. protest of, against reduction in salary, 667,

668.

A- 1011

Rogers, John

nomination of, as assistant surveyor, 712, 713.

Roman Catholics alleged intolerance with, 591. approval of refusal to complete chapel for,

162. position of land for chapel of, 592. relief act passed for, 716. temporary accommodation provided for, 162.

Rooty hill, parish of convicts employed in, 637. discontinuance of agricultural establish

ment at, 517. land at, to be granted to clergy and school

estates, 518. land grant in, to clergy and school estates,

641.

Ross, James

Government Gazette established under, in Tasmania, 35.

Ross, Roderick petition from, re salary for schoolmaster,

396.

Rossi, Francis N. appointment of, as acting collector of cus

toms, 237. land grant to, 479. land purchased by, 67.2. letter from, to Macleay, A., 534. instructions— re employment of, as superintendent of

police, 192, 237. re payment of .deputy for, during absence,

31. official employment of, 591. report by, re claims of Panton, G., 534. return of revenue collected by, 378. transfer of, to police department, 642.

Rous, Henry John (captain, R.N.) request by, for payment for passage of

Darling, R., 9, 329.

Rpwe, John land grant to, 672.

Rowell, John petition from, re salary for schoolmaster,

396.

Roxburgh, county, of land grants in, 671, 672.

Royal George, ship convicts per, 2.

1012 INDEX.

Royal Sovereign, ship despatch per, 248, 249, 250, 260, 272, 275,

288, 314, 322, 325, 338, 340, 342, 574.

Royal staff corps instructions for reduction of, 342. proposal for recall of, 23. unsuitability of, as overseers, 23, 70.

Rumker, Charles Stargard accommodation proposed for, at observa

tory, 355. approval of salary for, 605. detention of astronomical books by, 240,

566. transmission of observations by, 3.

Russia visit to Port Jackson of vessels from, 699.

Ryan, — clerk in office of superintendent of convicts,

69.

Ryrie, Stewart (dep. cpm.-genl.) report by—• re bonded stores, 753' et seq. re destruction of commissariat notes, 323

et seq.

Sackville Reach attendance at school at, 53, 54. school established at, 52.

Sadleir, R. (lieut., R.N.) certificate by, re improvements by Ogilvie,

W., 526.

Sadleir, Richard inquiry by, re aborigines, 56. instructions to, re report on aborigines, 63. salary of, as catechist, 78. school for natives proposed by, 61.

Saint John, parish of land grant in, to clergy and school estates,

"641.

Saint Luke, parish of land grant in, to clergy and school estates,

641.

Saint Feter, parish of land grant in, to clergy and school estates,

641.

Saint Vincent, county of land grant in, to clergy and school estates,

641. return of land grants in, 672.

Sally, sloop arrival and departure of, at Newcastle, 160.

Salt manufacture of, 4, 129.

Sampson, John (solicitor-general) arrival of, 24. letter from— to Darling, R„ 373, 403. to Macleay, A., 510, 604. to Scott, Revd. T. H., 400.

opinion b y — re duties of attorney and solicitor general,

3'73. re marriage licenses, 400. re power of governor to remove coroner,

403. re registry of vessel built in New Zealand,

604. report by, re suit for recovery of fees

against Mackaness, J., 510 et seq. salary for, during voyage from England,

400, 401.

Sandstone occurrence of, near Sydney, 130.

Sarah, ship convicts per, 575.

Satellite, H.M. sloop visit of, to Society islands, 737, 738 et seq.

Savage, Thomas George opinion of, re suspension of bank of N.S.W.,


School of industry report re allotment for, at Hyde park, 598.

Schools annual expenditure on, 52. attendance at, 49, 53, 54. establishment of, for natives, 56, 6.1. list of established, 52. proposal for, by Presbyterians, 396, 897. report by Scott, Revd. T. H., on, 49 et seq. sites proposed for, 50, 51.

Scotland instructions re assignment of convicts trans

ported from, 614, 615.

Scott, Ellis M. shares held by, in bank of N.S.W., 560.

Scott, Helenus memorial from, re instalments on land pur

chased, 207.

INDEX. 1013 Scott, James


Scott, Robert

memorial from, re instalments' on land purchased, 207.

Scott, Thomas Hobbes (archdeacon) acceptance of resignation of, 461.' alleged influence of Darling, R., over, 898. appointment of, as member of legislative

council, 623. criticism of, by Hall, E. S., 586. disapproval by, of act of indemnity, 234,

236. dispute of— with Hall, E. S., re pew in St. James'

church, 585, 586, 600. with Halloran, L. H., 391, 392 et seq.

dissent of, to findings of court of inquiry re Douglass, H. G., 235.

ejection by, of Halloran, L. H., from pew in church, 393.

inquiry by— re charges against Douglass, H. G., 147

et seq. re impeachment by Wentworth, W. C, 867

et seq. land grant to, 478, 672. land purchased by, 672. letter from— to Darling, R., 49, 53, 55, 234, 392, 399,

562, 564, 745. to Sadleir, R., 63.

letter to— from Sampson, J., 400. from Twiss, H., 461.

objection of, to employment of Halloran, L. H., by A.A. company, 892.

opinion of, re marriage licenses, 3-99, 400. participation of, in inquiry re Douglass,

H. G., 235. proposals by, re stipends of clergy, 785. proposed submission to, of letter by Forbes,

F., 417, 433, 434. reflections on- conduct of, by Halloran, L. H.,

393, 394. report by, on schools, 49 et seq. resignation of, 461. responsibility of, to ecclesiastical superiors,

285. statement by, re pamphlet by Marsden,

Revd. S., 234. temporary accommodation granted to

Roman Catholics by, 162. visit of, to Moreton bay, 330.

Scott, W. R. petition from, re salary for schoolmaster,

396.

Sealy, Sampson Storwell (captain, 8th regt.)

recommendation of, as military settler, 673.

Secretary, colonial

additions and repairs to official' residence of, 45, 46, 47.

allowance in lieu of residence proposed for, 182.

annual increments for clerks of, 499. appointment of— as member of legislative council, 623. to committee of orphan school, 99.

approval of reorganisation in office of, 217, 498.

expenditure on office of, 589. organisation of office of, 64, 65. proposed abolition of official residence for,

180.

Sedgfleld, parish of

land grant in, to clergy and school estates, 641.

Seven hills

attendance at school at, 53, 54. school established at, 52.

Shadforth, T. (lieut., 57th regt.)

assistant surveyor of roads and bridges, 73.

Shadforth, Thomas (lieut.-col., 57th regt.)

examination of, by executive council, 894, report by, re destruction of commissariat

notes, 323 et seq.

Shairp, Alexander

land grant for, 607.

Shairp, William


Shaw, Esther

pardon for, 575.

Shelley, John Darly application by, for land, grant, 615, 616. statement re capital by, 616.

Shepherd, David petition from, re salary for schoolmaster,

396.

Shepherd, Thomas petition from, re salary for schoolmaster,

396.

1014 IN

Sheriff additional clerk for, 662, 663. oontrol of judges over, 680. convict clerk employed by, 662, duties of, 681, 632, 662. establishment of, 662. inadequacy of salary of, 632. messenger requested for, 6-63. necessity for deputy to, 627, 631, 632. power of, to remove prisoners from gaol

to hulk, 678 et seq. salaries in department of, 84, 626, 627, 630.

Sherwin, — appointment of, as surgeon at Melville

island, 15, 454.

Shipping instructions re registry of, 530, 531.

Shoalhaven establishment for natives proposed at, 59. magistrate and military detailed for, 404,

708. school-house required at, 50. vessel captured by convicts at, 737.

Shukianga See "Hokianga."

Simcock, Edward

Indulgences requested for, 575.

Simmons, J. shares held by, in bank of N.S.W., 560.

Singleton, Benjamin

land grant to, 672.

Sisters, ship

compensation awarded master and crew of, for recapture of brig Wellington, 326.

Slade, George Milner

neglect of, to hold inquest on Sudds, J., 824.

Slade, John

land grant to, 672.

Slaughter-house

salary of superintendent of, 631.

Silg-o, marquis of

land grant for, 195, 196.

Small-pox

quarantine precautions adopted against, 34S et seq.

Smeathman, Thomas Charles appointment of, as coroner, 39-1. approval of appointment of, 714. land grant to, 672. salary for, 392, 714.

Smith, Adam land grant to, 672.

Smith, Eliza land grant to, 672.

Smith, H. shares held by, in bank of N.S.W., 560.

Smith, Henry trial of, 151, 152.

Smith, James petition from, re salary for schoolmaster,

396.

Smith, John shares held by, in bank of N.S.W., 560.

Smith, Reverend Elijah appointment of, 127. location and salary of, 78. resignation of, 5-61, 562.

Smith, Richard land grant to, 672.

Smith, Richard trial of, 432, 433.

Smyth, Henry G. (capt., 3Sth re3~t.) commendation of services of, 351. relief of, as commandant at Fort Welling

ton, 331. report by— on Fort Wellington, 331. re outrage on natives, 350, 351.

Snodgrass, K. (lieut.-colonel) application by, for land grant, 644, 645. letter from, to Murray, Sir G., 644.

Soap

manufacture of, 128, 134. price of, 128.

Society islands confidence of natives at, in British govern

ment, 738, 739. depredations by escaped convicts at, 737

er seq. missionaries at, 740, 741. national flag proposed for natives of, 742. proposal for annual visit of warship to, 742. visit of—

H.M. sloop Satellite to, 737, 738 et seq. U.S. ship Peacock to, 740.

INDEX. 1015 Solicitor-general duties of, 371 et seq.

Solicitors, crown want of necessity for, 36S, 369.

Somerset, lord Fitzroy letter from— to Hay, R. W., 536. to Twiss, H., 673.

letter to, from Darling, R., 228, 612.

Sovereign, ship convicts per, 575. despatch per, 696, 698, 699, 700, 701, 703,

704, 705, 706, 707, 708.

Spain order-in-eouncil granting full trading rights

to vessels of, 343, 344.

Spark, Alexander Brodie land grant to, for town residence, 41, 598. memorial from, re instalments on land pur


council, 624.

Specie and currency proposed circulation of British silver money,

136. standardisation of currency, 136. withdrawal and destruction of notes issued

by commissariat, 323 et seq.

Spicer, Thomas shares held by, in bank of N.S.W., 560.

Spirits

charge imposed on, when bonded, 570, 571. consumption of, 132, 134. increase— in duties on, 468 et seq. ot, in bond, 567, 5-69.

importation of, 132. proclamation of duties on, 469, 470.

Spotswood, John


Spurrier, J.

appointment of, as commissary of accounts, 163.

St. James' church

claim of Hall, E. S., to pew in, 585, 586, 600.

parsonage required for, 50. school established for, 52.

St. Phillip's church school established for, 52.

Stanhope, parish of land grant in, to clergy and school estates,

641.

Stanley, E. G. (under secretary) letter to, from Darling, R., 27, 36, 101.

119, 193, 196, 199, 200, 211, 212.

Stapylton, — appointment of, as assistant surveyor, 249.

Steam engines establishment of, at Sydney and Parramatta,

129.

Steel, Henry examination of, by executive council, 892,

893. refusal of increase of salary for, 220.

Steel, W. clerk in office of superintendent of con

victs, 68, 69. duties of, 68. land grant to, 479.

Steel, W. A. recommendation of, as settler, 2.

Stephen, Francis

letter from, to Forbes, F„ 667. misconduct of, 363. statement by, re duties as clerk in supreme

court, 667.

Stephen, John, jr.

approval of appointment of, as commissioner of survey, 193.

disapproval of appointment of, as registrar, 447.

land for A.A. company approved by, 370. land grant to, 478, 072.

Stephen, John (judge)

approval of salary paid to, as actirg chief justice, 410.

censure on, by secretary of state, 361. charge made by Darling, R., against, 361,

3C2. correspondence re precedency of, in supreme

court, 86 et «»/., 116, 460. 461, 743, 744.

influence of Forbes, F., over, 259. information given to Wentworth, W. C, by,

259. intimacy of Robison, R., with, U.S.

1016 IN

Stephen, John (judge) land grant to, for town residence, 41, 598. land grant to, 478. letter from— to Darling, R., 764. to Mackaness, J., 50-9.

letter to, from Darling, R., 764. opinion b y —

re guilt of Harper, G., 758. ex parte Jane New, 771.

precedence granted to, 461. salary, of, as acting chief justice, 31, 410. testimonial given by, to Mackaness, J., 504,

505, 509.

Stephen, Sydney appointment of, as acting solicitor-general,

5. approval of, as acting solicitor-general, 453. land grant to, 672. visit of Forbes, F., to house of/ 10-8.

Stevens, Charles indulgences requested for, 575.

Stewart, — draftsman in survey office, 179.

Stewart, J. letter from— to Hay, R. W., 339. to Twiss, H., 463.

letter to, from Free-ling, G. H., 606.

Stewart, William (lieut.-governor) alleged dictation of despatch for Darling,

R., by, 109. charge of forgery by, alleged by Robison, R.,

111. land grant to, 478. land purchased by, 672. opinion by, re problems of land grants, 299

et seq. order issued by Darling, R., re, 35-9. testimonial from, in favour of Howe, R., 36.

Still, Alexander petition from, re salary for schoolmaster,

396.

Stirling, James (captain, B.N.) appointment of, as lieut.-governor at Swan

river, 610. settlement at Swan river to be founded by,

610.

Stirling, Bobert (lieut., 3rd regt.) interference of, in colonial affairs, 341.

Stock, — clerk in survey office, 179.

Stonequarry creek court-bouse required at, 203, 354. road party stationed at, 72.

Stranger, Elias

land grant to, 672.

Street, J.

average valuation of land by, 309.

Street, T.

shares held by, in bank of N.S.W., 560.

Stubbs, —


Sturt, Charles (captain)

capacities of, 472. departure of, on exploring expedition, 471,

472. discovery of Darling river by, 721. explorations by, 199, 471, 472, 607, 608,

721, 722. health of, on exploring expedition, 608. letter from, to Robison,*R., 106, 107, 489. letter to—• from Dumaresq, W., 113. from Robison, R., 106. from Wilford, E. C, 113.

military secretary to Darling, R., 106. report by, on exploration of Macquarie river,

607, 608, 721. services of, 722.

Sudds, Joseph

alleged— illegality of conviction of, 794, 843. malice in case of, 856, 857.

alteration of sentence on, 851, 852. article in Australian re, 620, 858. cause of—

death of, 797, 817 et seq., 822, 823, 882, 890.

illness of, 821, 822, 878, 890. certificate of conviction of, 617. character of, 872, 894-, 896. commutation of sentence on, 794. conduct of, during punishment, 887, 894. death of, 807, 861, 878, 882, 890. demand for inquest on, alleged, 798, 824,

827. dislike of, for military service, 885. effect of punishment on, 619, 804, 805, 806,

822, 834, 861, 862, 873, 874, 890. health of, 885. height of, 873, 884. ignorance of Darling, R., re illness of, 620,

798, 831, 879-, 89S.

INDEX. 1017 Sudds, Joseph

illegality—

of military punishment of, 844, 845.

of punishment of, 804.

illness of, 807, 817 et seq., 830 et seq., 860,

861, 878, 882.

impeachment of Darling, R., in case of, 793

et seq.

influence of, on Thompson, P., 894.

inspection of, by Mackaness, J., in gaol,

865.

irons used on, 795, 796, 797, 804, 805, 806,

807, 808, 816, 817, 833, 884, 860,

863, 864, 868, 874, 875 et seq., 896.

levity of, during punishment, 887.

making of irons for, 883, 884, 885, 886.

military punishment of, 845, 846, 860, 887.

neglect—-

of Darling, R., to describe irons used on,

848 et seq.

to call medical evidence in case of, 820.

object of crime of, 802.

omission to hold inquest on, 823, S24, 879,

882, 890.

opinion—

by Forbes, F., on case of, 800.

of council re illness of, 830, 831.

OTder—

for delivery of, to brigade-major, 865.

for reception of, in gaol, 866.

for transfer of, to Parramatta, 866.

possible effect of punishment on illness of,

817, 821, 822, 878, 890.

post-mortem examination of, 882, 890.

reception of, in street after punishment,

887.

reference of case of, to executive council,

620.

removal of, to hospital, 832, 861, 880, 882,

890.

statements by, re irons, 820.

trial and conviction of, 802, 897.

Sugar-cane

experiments in cultivation of, 15, 134, 142.

Sullivan, B.


Sullivan, Benjamin

land grant to, 672.

Supreme court

criminal prosecutions in, 263, 264.

dispute between Darling, R., and Forbes

F., re appointment of registrar for 362.

duties of officers of, 7, 665 et seq.

enrolment of acts of council in, 268. fees taken in, 664.

increase of business in, 666.

jurisdiction of, under N.S.W. bill, 263.

necessity for clerks in, 663 et seq.

payment of salaries of judges of, 456 et seq

power of judges of, over prisoners in gao

and hulk, 678 et seq.

precedency of judges of, 86 et seq., 116

200, 460, 461, 513, 743, 744.

proposal for abolition of master of, 394.

proposed exclusion of judges of, from coun

cils, 445.

return of convictions before, 29.

transmission of rules and regulations of, 3

trial by jury in, 262, 263.

validity of statute and common law in

268, 269.

Surry, ship

despatch per, 221, 222.

Survey, commissioners of

See "Land board."

Survey department

additional appointments to be made to, 481

appropriation of colonial secretary's housi

proposed for, 181.

arrears of work in, 123, 176, 177.

convicts employed by, 636, 647.

disadvantage of collection of quit rents bj

officer of, 25, 26.

inadequacy of, 480.

instructions re administration of, 719.

list of staff of, 179, 338.

memorandum re proposed survey of colonj

by, 178.

necessity for increase of staff of, 82, 177.

promotion of assistant surveyors in, 625,

633, 634.

proposed sale of offices of, at Hyde park,

182.

quit rents to be collected by officer of, 193.

salaries and allowances of staff of, 81, 338,

628.

salary of surveyor-general and commis

sioners of survey, 37, 80.

situation of office of, 180.

temporary appointments made in, 337, 338.

trigonometrical survey by, proposed, 176.

Supreme court

additional clerk appointed for, 10, 14, 115,

379, 454. comparative statement of convictions be

fore, 27 et seq. constitution and procedure of, in N.S.W.

bill, 261.

1018 INDEX.

Surveyor-general

appropriation of residence of, 182, 210, 601.

salary of, 625, 628.

Surveyor-general, deputy

candidates for selection as, 209. position as, offered to Frankland, G., 209. qualifications required by, 210. refusal of office as— by Dumaresq, W., 211. by Frankland, G., 336.

salary of, 628.

Sutherland, Joseph

' petition from, re salary for schoolmaster, 396.

Swan river

appointment of Stirling, J., as commandant at, 610.

independence of settlement at, from government of N.S.W., 610.

live stock and stores to be landed at, from north Australia, 743.

possession to be taken of, 743. settlement to be formed at, 610.

Sweeney, James (lieut., veteran company)

alleged tyrannical conduct by Darling, R., to, 110, 111, 387, 388.

Swiftsure, ship

despatch per, 352, 356, 366.

Sydney

attendance at schools at, 53, 54. convicts employed at, 636, 647. customs house, bond and wharf proposed at,

354. delivery of letters proposed in, 450. fees taken i'n court of requests at, 749. hospital at, 203, 204. necessity for town surveyor at, 124, 245,

246. pension for town eryer at, 631. post-office at, 449. schools at, 52. status of leases in, 592. steam engines at, 129. want of— military defences at, 46-2. water at, 334.

warehouses rented by government at, 567. water supply for— approval of, 705. necessity for, 335, 705. proposals for, by private company, 334.

Sydney, ship

compensation to Campbell, R.,. for loss of, 709 et seq.

"Sydney Gazette and N.S.W. Advertiser" (newspaper)

criticism published in— re Monitor newspaper, 578. re pamphlet by Marsden, Revd. S., 430,

431, 434, 442. misstatements in, alleged by Forbes, F.. 501. publication of papers in, re Sudds, J., and

Thompson, P., 85-8. transmission of series of, 3.

Tahiti See "Otaheite."

Tarleton, John

trial of, 151.

Tasmania

case of New, Jane, transported to, 762 et seq.

exclusion of Irish convicts from, 653. female convicts retained at, 651, 658. hostility of aborigines in, 228. importation of wheat from, 132, 137, 139. military required.in, 228.

Tate, George

land purchased by, 672. petition from, re salary for schoolmaster,

396.

Tawell, John shares held by, in bank of N.S.W., 560.

Taylor, George


Terry, Samuel

shares held by, in bank of N.S.W,, 560.

Therry, Reverend J. J.

demand for surrender of parsonage from, 592, 599.

prohibition of attendance by, at general hospital, 591.

Therry, Roger

advance of salary to, 779. appointment of,' as commissioner of court

of requests, 712.

Thompson, Alexander petition from, re salary for schoolmaster,

396. ,

INDEX. 1019

Thompson, James land giant to, 672. recommendation of, as settler, 1.

Thompson, John draftsman in survey office, 179, 338, salary for, as principal draftsman, 634,

Thompson, Patrick

alleged illegality of conviction of, 794, 843. alteration of sentence on, 851, 852. certificate of conviction of, 617. character of, 872, 8-85, 894, 896. commutation of sentence on, 794. effect of punishment of, 619, 804, 805, 806,

834, 873, 874. examination of, 804, 860 et seq. height of, 873, 884. illness of, 795, 807, 863, 874. impeachment of Darling, R., in case of, 793

et seq. influence of Sudds, J., on, 894. irons removed from, 862, 887, 889, 895. irons used on, 795, 796, 797, 804, 80-5, 806,

807, 808, 816, 817, 833, 834, 860, 863, 864, 868, 874, 875 et seq., 887, 888, 889, 898, 896.

levity of, during punishment, 887, 894. making of irons for, 883, 884, 885, 886. military punishment of, 845, 846, 860, 887. nature of punishment of, 804. object of crime of, 802. order—

for delivery of, to brigade-major, 865. for reception of, in gaol, 866. for transfer of, to Parramatta, 866.

reception of, in street after punishment, 887.

refusal of, to work in iron gang, 862, 889. removal of, to iron gang at Lapstone hill,

805, 862, 887, 889. transfer Of— irons to, 805, 807, 862. to hulk, 863.

trial and conviction of, 802, 897. use of irons by, in chain gang, 805, 862.

Thompson, W. A. sub-inspector of roads and- bridges, 73.

Thomson, Edward Deas appointment of, as clerk of councils, 191. letter of introduction for, 344. memorial of, for town allotment and land

grant, 681, 682. payment of half sahvry to, 283.

Thomson, Walter land grant to, 672.

Thorp, Joshua assistant engineer, 56. examination of, by executive council, S*4. land grant to, 479. native apprenticed to, 56, 57. superintendent of public works, SS4

Throsby, Charles land grants to, for explorations, 726. memorial from, re instalments on land per-

chased, 207. property in possession of, 119. suicide of, 118.

Throsby, Charles, jr. memorial from, re instalments on land pur

chased, 207.

Throsby creek road party stationed at, 72.

Tickets of leave instructions for transmission of rations of,

610. number of, granted, 649. proposal for, for female convicts, 6.V2. 656,

657. return of applications for, 317. system of administration in issue of, 315

et seq., 413, 414, 703.

Tickets of occupation abolition of, 285.

Tirranna application by Mackaness, J., for land grant

of, 506, 507, 508.

Tobacco application for land grant for cultivation

of, 587, 538, 608, 609, 642, 643. charge imposed on, when bonded, 570, 571. . cultivation and manufacture of, 129, 133,

134, 142. experiments in cultivation of, 15. importation of, 131, 132. increase of, in bond, 567, 569.

Tod, John petition from, re salary for schoolmaster,

396.

Tomlins, George clerk in audit office, 278. qualification of, 278. salary of, 278, 282.

Tomy, Charles petition from, re salary for schoolmaster,

1020 INDEX.

Tongataboo visit of H.M. sloop Satellite to, 740.

Tooth, John land grant to, 672.

Townshend, J. H-land grant to, 672.

Townshend, Morris land grant to, 672. recommendation of, as settler, 1.

Trade See also "Commerce."

full rights of, granted to Spanish vessels, 348, 344.

with— Brazil, 132. Cape of Good Hope, 132. China, 132. Mauritius, 132. New Zealand, 132. Tasmania, 182.

Treasury office accommodation proposed for, 181,

Treasury, lords commissioners of instructions by, re expenditure of gover

nors, 11, 39.

Trigonometrical survey proposals for, 176.

Tunnicllffe, John evidence of, at trial of Kelly, J., 901.

Turf club ' criticism by Murray, Sir G., re proceedings

at, 363, 364.

Turnbull, Robert petition from, re salary for schoolmaster,

396.

Turner, Alexander land grant to, 672. reoorranendation of, as settler, 1.

Turner, Edward duties proposed for, in customs department,

694.

Turner, John recommendation of, as settler, 2.

Turner, John E.

t recommendation of, as settler, 1.

Turner, Joseph clerk at female factory, 658.

Twiss, Horace (under secretary) letter from— to Dangar, H., 687. to Darling, R., 226, 239, 240, 243, 246,

249, 283, 314, 817, 3-4'0, 398, 408, 46-5, 466, 498, 513, 587, 642, 673, 683, 693, 695, 696, 735, 742, 777, 779, 899.

to Scott, Revd. T. H., 461. letter to— from AppleyaTd, R. L., 340. from Barrow, J., 607. from Blaxland, G., 60S. from Dangar, H., 528, 686. from Darling, R., 416, 417, 455, 531,

533, 566, 574, 602, 614, 615, 618, 622, 674, 677, 692, 752.

from Lack, T., 322. from Phillips, S. M., 242. from Planta, J., 606. from Somerset, lord F., 673. from Stewart, J., 463.

Underwood, James bonded stores leased from, 754. shares held by, in bank of N.S.W., 560.

Unwin, F. W. association of, with Wilton, Revd. C. P. N.,

561, 745, 746. bills drawn by, on Wilton, Revd. C. P. N„

561, 746. career of, 747. shares held by, in bank of N.S.W., 560.

Vachell, H. (lieut., royal staff corps) inspection of irons used by Thompson, P„

by, 887.

Valparaiso importation of grain from, 231, 232.

Vaughan, Travers H. recommendation of, as military settler, 637,

638. services of, 638.

Vesper, ship

despatch per, 743, 744, 748", 752, 758, 762, 779, 780, 792, 793, 900.

Veteran companies expenditure on, 332 et seq., 339. indulgences for men of, on discharge, 613,

614. procedure to be adopted on disbandment of,

612 et seg. proposal for abolition of, 23, 195, 612'

et seq. unsuitability of, as overseers of road

parties, 23, 70, 111.

INDEX. 1021

Vincent, Reverend John appointment of, 127. ill-health of, 561, 562. location and salary of, 78.

Vincent, Robert land grant to, 672.

Vine, G. B. shares held by, in bank of N.S.W., 560.

Vittoria, ship

convicts per, 2.

Wade, John recommendation in favour of, 645.

Walker, Charles shares held by, in bank of N.S.W., 560.

Walker, William application by, for land grant, 282. land grant to, *672. petition from, re salary for schoolmaster,

896. refusal of land grant to, 283:. shares held by, in bank of N.S.W., 56'0.

Wall, C. W. land purchased by, 672.

Wall, G. W. (lieut.-colonel, 3rd regt.) additional land girant for, 219. letter from, to Goderich, viscount, 219.

Wall, Joseph address of judge at-trial of, 854. particulars re trial of, 855.

Wallace, John petition from, re salary for schoolmaster,

896.

Wallis plains court-house required at, 203. cultivation of grain at, 139. road party stationed at, 72.

Walsh, William shares held- by, in bank of N.S.W., 560.

Walters, Jeremiah land grant to, 672.

Wardell, Robert, X.I..D. association of Mackaness, J., with, 502. prosecutions of, for libel, 359. shares held by, in bank of N.S.W., 560.

Warland, William land grant to, 672.

Warne, Charles F. duties proposed for, as landing waiter, 694.

Warner, John (lieut., royal veterans) assistant surveyor of roads and bridges, 73.

Warrant for appointment of legislative council, 623.

Waterloo, ship convicts per, 575. despatch per, 4-80, 481, 494, 497, 498, 513,

515, 516, 617, 519, 522, 526, 527, 530, 581, 532, 534, 585, 536, 537, 576, 577, 601, 602, 604, 60-5, 608, 610, 611, 612, 614, 622, 632, 635, 642, 660, 669.

Wattle lan-d grant to Kent, T., for export of ex

tract of bark of, 196. use of bark of, for leatheT, 129.

Weather Board hut military quartered at, 229. road party stationied at, 72.

Webb, J. shares held- by, in bank of N.S.W., 560.

Webb, Robert appointment of, as clerk to comptroller of

customs, 250.

Wedderburn, A. letter from, to Darling, R., 669.

Weller, J. B. tend grant to, 672.

Wellington, brig compensation awarded for recapture of, 326.

Wellington valley agricultural establishment at, 518. convicts employed at, 637, 647. departure of Sturt, C., on exploration from,.

607. establishment for natives proposed below,.

59. military quartered at, 229. report re natives at, 62.

Wanstead, ship despatch per, 396, 399, 401, 402, 404.

1022 INDEX.

W e m y s s , William (dep. com.-genl.)

character of, 473. letter from, to Murray, Sir G., 473. letter to, from Condamine, T. de la, 474. procedure recommended by, re ship A Imorah,

32. protest of, against statements by Lang,

Revd. J. D., 472 et seq. purchase of house from, by Mackaness, J.,

503..

Wentworth, William Charles

alleged request for assistance of, by Darling, R., 798, 825, 880, 881, 891, 892.

criticism of language of, by executive council, 872.

cessation of intercourse of, with Darling, R-, 826.

examination of Thompson, P., before, 860 et seq.

impeachment of Darling, R., by, see under "Impeachment."

inconsistency of, 797. information gjtven to, by Stephen, J., 259.

intimacy of— with Douglass, H. G., 229. with Mackaness, J., 502.

irregularities in executive council alleged by, 799.

land grant to, for exploration of Blue mountains, 726.

letter from—• to Darling, R., 714, 867, 897. to Forbes, F., 866. to Hely, F. A., 281. to Robison, R., 863.

letter to, from Robison, R., 863. persecution of, alleged, 826, 827. proposal by, for impeachment of Darling, R.,

in case of Lockaye, A., 857. protest o*, against inquiry by executive

council, 897, 898. refusal to drink health of, 691. reply to charges by, by executive council,

872 et seq. request by, for description of irons used

on Sudds, J., and Thompson, P., 863. shares held by, in bank of N.S.W., 560. transfer by Douglass, H. G., of convict to,

230, 231. unpopularity of, 6'91. unscrupulousness of, 798.

Wesgate, John clerk in audit office, 280. salary of, 282.

West Australia

See "King George's sound," "Swan river."

Western port

convicts maintained at, 637. half-yearly issue of clothing at, 189. increased expenditure due to settlement at,

13. services of Hovell, W. H., at, 725 et seq.

Westmoreland, county of

land grant in, 671.

Whaling

capital and ships employed in, 761. establishment of, by Jones, R., 761. prospects of, 135.

Wheat average crops of, 141. difficulty in land carriage of, 132. importation of— from Tasmania, 132, 137, 139, 232. from Valparaiso, 231.

necessity for stabilising market for, 137. suspension of duties on importation of,

232, 233. varieties of, 141.

White, G. B. assistant surveyor, 179, 838.

White, Henry T. clerk in survey office, 179, 337. promotion of, to draftsman, 337, 338. salary of, 337, 338.

White, William

land grant to, 672.

Whitfield, F.


Whittingham

parsonage required at, 50. school established at, 52. school-house required at, 50, 51.

Whooping-cough

introduction of, into colony, 347, 706. quarantine measures adopted against, 847.

Wilberforce

attendance at school- at, 53, 54. school established at, 52.

INDEX. 1023 Wilford, E. C. (lieut., royal staff

corps)

letter from, to Sturt, C, 113. report by, on repairs to military barracks,

113, 114. resignation of, as surveyor of roads and

bridges, 335.

Wilford, Thomas petition from, re salary for schoolmaster,

396.

Wilkinson, Reverend Frederick

association of, with Robison, R., 387, 388. character of, 387, 561. location and salary of, 78. misstatement by, re court-martial on Robi

son, R., 562, 56-3. neglect of duties by, 563. report re conduct of, 386, 560 et seq., 562. resolution of trustees of clergy and school

estates re charges made by, 564. statement by, re land grant to Macleay, A.,

386, 387, 388, 389. suspension of, proposed, 563.

Williams, G.


Williams, Richard

appointment of, as tide-waiter, 694, 695.

Williams river

land grant at, 671.

Wilshire, J.


Wilson, —

under jailor, 860.

Wilson, — appointment of, as civil engineer, 248. moiety of salary to be paid to, 326.

Wilson, Caleb

petition from, re salary for schoolmaster,

396. shares held' by, in bank of N.S.W., 560.

Wilson, J. M. petition from, re salary for schoolmaster,

396.

Wilson, S. petition from, re salary for schoolmaster,

896.

Wilson, T. B. (transport surgeon) inability of, to obtain details re convicts

697. letter from, to Macleay, A., 697.

Wilton, Mrs. neglect of duties by, 745, 748. resigjnation of, as matron of orphan school,

745.

Wilton, Reverend Charles Pleydell Neale

association of, with Unwin, F. W., 561, 745, 746, 747.

incapacity of, 748. instructions re seniority of, 526. location and salary of, 78. misconduct of, 746, 747, 74S. resignation of, 561, 562, 744, 746. withdrawal of resignation by, 746.

Winder, T. W. M. memorial from, re instalments on land pur

chased, 207. m

objections to agreement with, re coal, 539.

Windeyer, Charles land grant to, 672.

Windham, George land grant to, 672.

Windsor attendance at school at, 53, 54. cultivation of grain near, 139. fees taken in court of requests at, 749. post-office at, 449. proposal for abolition of hospital at, 204. road parties stationed on road to, 72. salaries of officials at gaol at, 630. school established at, 52.

Wittingham, parish of land grant in, to clergy and school estates,

641.

Wollondilly river land grant at, 672.

Wollstonecraft, Edward average valuation of lands by, 309. memorial from, re instalments on land pur

chased, 207. opinion of, re suspension of bank of N.S.W.,

553, 554. vessel taken by convicts from, 737.

Wood, James duties of, in office of superintendent of con

victs, 69.

1024 INDEX.

Wood, Thomas land grant to, 672. shares held by, in bank of N.S.W., 560.

Woods, Lawrence

error in sentence on, 575.

Wool adaptation of colony for growth of, 143. decrease in export of, 134. improvement in quality of, 143. manufacture of, into cloth, 128. value of export of, 134.

Woolloomooloo

land grants at, 598.

Wolsinghan, parish of

land grants in, to clergy and school- estates, 641.

Wright, —

crime committed'by, to escape military service, 897.

Wright, —

indulgences requested for, 575.

Wright, Samuel

charges made by Robison, R., against, 483, 484, 487, 488, 489, 491.

justice of the peace at Newcastle, 160. land grant to, 479. statement 'by, re charges made by Robison,

R., 489 et seq.

Wright, William Nixon

recommendation of, for special treatment, 398.

Wurtemberg, queen dowager of ; death of, 407.

Wyatt, Joseph


Wylde, H. V. land grant to, 672.

Wylde, Sir John (ex-dep. judge-advo-cate)

chief justice at Cape of Good Hope, 535. land grant to— for town residence, 42, 598. in country, 478.

land granted as marriage portion to daughter of, 535.

Wyndham, G.

nomination of, for vacancy in legislative council, 624.

Wynter, -William


Yass plains

land grant at, 671.

Terns, —

desertion by, to escape military service, 897.

Sydney: John Spence, Acting Government Printer.—1922.

C3 2934 01349 5470

994.008 ^ A938H SER.1 v. 14

AUSTRALIA GEN

HISTORICAL RECORDS OF AUSTRALIA

013495470 (344043)

;!rvr^FORTtOA^ rn^j