A colonial autocracy, New South Wales under Governor Macquarie, 1810-1821/Documents

by Marion Phillips

DOCUMENTS

I. COLONIAL OFFICE.

Manuscript.

1. Despatches from Secretary of State and Under-Secretary to Governor Macquarie.
2. Letters from Colonial Office to persons in New South Wales.
3. Letters to persons in United Kingdom (Domestic Correspondence).
4. Commissions of Government Officers in Colony.
5. Circular letters to Colonies, etc.

II. RECORD OFFICE.

Printed.

The Sydney Gazette. The only newspaper in the Colony and the official organ of the Government. Contains General and Government Orders, Proclamations, and all official notices and advertisements, as well as general news.

Manuscript.

1. Despatches from Governor of New South Wales to Secretary of State of Under-Secretary, with Enclosures.
2. Despatches from Secretary of State and Under-Secretary to Governor Macquarie.
3. Letters from Colonists to Secretary of State or Under-Secretary.
4. Letters from other Government Departments to Colonial Office.
5. Letters from private persons in United Kingdom to Colonial Office.
6. Correspondence between Bigge (Commissioner to New South Wales) and persons in the Colony.
7. Despatches of Bigge to Secretary of State or Under-Secretary.
8. Documents and Minutes of Evidence collected by Commissioner Bigge.
9. Reports of Commissioner Bigge.

III. PARLIAMENTARY PAPERS.

The following abbreviations are used in this list; H.C., 1812, II., signifying House of Commons' Papers, 1812, Volume II.

1798. Report respecting Convicts Transported to New South Wales and Norfolk Island. Select Committee on Finance. (H.C., 1798.)

1812. Report of Committee on Transportation with Minutes of Evidence and other Documents. (H.C., 1812, II.)

1816. Expenses (Annual) of New South Wales, 1812-1816. H.C., 1816, XVIII. Letters and Enclosures of Lord Bathurst to Governor Macquarie and of Governor Macquarie to Lord Bathurst concerning Report on Transportation. (H.C., 1816, XVIII.)

1819. Report of and Minutes of Evidence taken before Committee on Gaols and Prisons. (H.C., 1819, VII.)

1822. Report of Commissioner of Inquiry (J. T. Bigge) on the state of New South Wales and its Government, Management of Convicts, their Character and Habits. (H.C., 1822, XX.)

1823. Reports of the same on the Judicial Establishments of New South Wales and Van Diemen's Land. (H.C., 1823, X.)

1823. Instructions to J. T. Bigge, Esq., January, 1819. (H.C., 1823, XIV.)

1828. Letter from late Governor Macquarie to Lord Bathurst, 27th July, 1822. (H.C., 1828, XXI.)

IV. STATUTES.

The following short notes have been made in order to show the relative importance of different statutes and to facilitate reference.

A full account has been given of 4 Geo. IV., cap. 96, because of its great importance in Australian History.

1784. 24 Geo. III., cap. 56.

Gives permission to His Majesty in Council to transport convicts to some place beyond the seas.

1787. 27 Geo. III., cap. 2.

Establishes Criminal Court for New South Wales.

1790. 30 Geo. III., cap. 47.

Enables His Majesty to authorise his Governor or Lieutenant-Governor of places beyond the seas, to which felons or other offenders may be transported, to remit the sentences of such offenders.

1799. 39 Greo. III., cap. 51.

Continues various Acts referring to transportation of offenders.

1802-1803. 43 Geo. III., cap. 15.

Facilitates some details in carrying out the transportation of convicts.

1806. 46 Geo. III., cap. 28.

Continues the Transportation of Offenders' Act until 1813.

1813. 53 Geo. III., cap. 39.

Continues Transportation of Offenders' Act for one year.

1813. 54 Geo. III., cap. 15.

For the more easy recovery of debts in New South Wales.

1813. 54 Geo. III., cap. 30.

Continues Transportation Acts for two years.

1815. 55 Geo. III., cap. 156.

Continues Transportation Acts for one year and makes certain minor alterations therein.

1816. 56 Geo. III., cap. 27.

Continues Transportation Acts until 1821.

1817. 57 Geo. III., cap. 53.

For more effectual Punishments of Murders and Manslaughter committed in Places not within His Majesty's Dominions.

1819. 59 Geo. III., cap. 101.

Amends some minor points in 56 Geo. III., cap. 27.

1819. 59 Geo. III., cap. 114.

Stays proceedings for one year against any Governor or other persons concerned in imposing and levying duties in New South Wales; continues for one year certain duties; empowers Governor to lay duty on spirits made in New South Wales.

1819. 59 Geo. III., cap. 122.

Permits vessels under 350 tons to trade with New South Wales.

1820. 1 Geo. IV., cap. 62.

Continues 59 Geo. III., cap. 114 until 1822.

1821. 1 and 2 Geo. IV., cap. 6.

Continues for two years the Transportation Acts.

1822. 1 and 2 Geo. IV., cap. 8.

Continues 59 Geo. III., cap. 114 until 1823.

1822. 3 Geo. IV., cap. 96.

"An Act to continue until the First Day of January, 1824. An Act passed in 59 Geo. III. … to authorise the imposing and levying other duties on goods imported into the said Colony; and to suspend, for ten years, the payment of duty on the importation of certain goods, the produce of New South Wales."

By this Act, Governor may impose by Proclamation or Orders rates and duties on importation of rum or spirits from United Kingdom or British West Indies not exceeding 10s., and on others not exceeding 15s. per gallon on tobacco 4s. a lb.; on all other goods not the produce or manufacture of United Kingdom, imported direct from United Kingdom—duty not exceeding 15 per cent. ad valorem.

He may also reduce and revive such duties.

He may make regulations for levying the duties.

He may impose fines and penalties for breach of the regulations, provided true copies of such regulations be transmitted to Secretary of State by Governor for His Majesty's Approbation.

The account of application of duties so collected to be transmitted to Treasury.

1823. 4 Geo. IV., cap. 47.

Continues Transportation Acts.

1823. 4 Geo. IV., cap. 96.

"An Act to provide until the First Day of July, 1827 … for better administration of justice in New South Wales and Van Diemen's Land, and for more effectual Government thereof and for other purposes relating thereto."

The important sections of this Act provide as follows:—

1. Supreme Court for New South Wales, and one for Van Diemen's Land. Each to have one Judge called a Chief Justice paid by salary and not fees.

2. Courts to be Courts of Record. All pleas, Civil, Criminal or mixed, and Jurisdiction in all cases whatsoever.

3. Courts to have jurisdiction over Piracies and Offences committed at sea or in islands in India or Pacific Ocean.

4. Trial for crimes, misdemeanours and other offences cognisable by Court to be prosecuted by information and tried by Judge and seven Officers of Army or Navy. If there are not seven Commissioned Officers, Magistrates to be appointed who may be challenged.

5. Actions at Law to be tried by Chief Justice and two Magistrates. Right of challenge given.

If parties desire a Jury of twelve such Jury may be empanelled. Chief Justice is to be the Judge of the Law in all cases.

6. Qualification of Jurors is to be freehold of fifty acres or freehold dwelling of £300 value.

7. His Majesty by Order in Council may extend Jury Trial.

8. Supreme Court to have Equitable and Ecclesiastical Jurisdiction.

9. If amount of suit is above £500, appeal to be allowed to Court of Appeals.

10. Court of Appeal in New South Wales to consist of Governor assisted by Chief Justice of Van Diemen's Land. Similar Court for Van Diemen's Land.

11. Appeal from this Court to Privy Council under regulation by Charter or Letters Patent from His Majesty.

12. Courts of Session to be established with Summary Procedure and carefully defined Powers. To have jurisdiction in Criminal cases short of capital.

13. Courts of Request to be established for hearing Civil Suits under £10. Commissioner to preside. Paid by salary not fees.

14. Council to be established called a Legislative Assembly with power to make laws. To be appointed by Warrant by His Majesty.

15. His Majesty in Council may establish any Law dissented from by the Council.

16. No tax to be imposed by Governor and Council except for local purposes.

17. 59 Geo. III., cap. 114 made perpetual.

18. All laws to be laid before Chief Justice for his certificate that they do not contravene the Law of England.

19. All laws to be transmitted to His Majesty within six months.

20. Laws and Orders in Council to be laid before Parliament.

21. Pardons already given to convicts by Governors to have same effect as pardons under Great Seal.

22. In future pardons must be transmitted to His Majesty for approbation or allowance. Afterwards may have effect within New South Wales as if under Great Seal.

23. Any convict unduly returning to be punished by death.

24. Persons assisting convicts to escape to be guilty of misdemeanour. Penalty £500, or imprisonment for two years.

25. 2 Geo. II., cap. 36, extended to New South Wales.

26. Artificers, etc., may enter into indentures to serve any persons in or about to go to New South Wales.

27. Persons to whom they have contracted may maintain actions against any other persons employing them.

1824. 5 Geo. IV., cap. 84.

More strictly defines powers of Superintendents of Convicts on transports.

Convict whose sentence has been remitted by Governor, and who is free so long as he remains in Colony, may have right of owning property and being sued in the Courts.

Consolidates all the Transportation Acts.

DEBATES IN PARLIAMENTS CONCERNING NEW SOUTH WALES.
Important Debates are indicated thus *

1810.	4th May. (Hansard.)
	9th May. Sir S. Romilly moved address to King to put in force 19 and 34 Geo. III. re Penitentiary Houses. Withdrawn. (Hansard.)
	*5th June. See above. Lost. 52-69. (Hansard.)
1811.	13th February. (Hansard.)
	4th March. Committee on Penitentiary Houses appointed. (Hansard.)
1812.	4th February. Sir Samuel Romilly gave notice of motion to repeal Geo. III. relative to transportation of convicts. (Hansard.)
	12th February. Committee on Transportation appointed. (Hansard.)
1813.	8th January. (Hansard.)
1815.	22nd June. Bill to extend duration of Transportation Acts introduced (Hansard.)
1816.	*20th February. Offenders' Transportation Bill First Reading. (Hansard.) Same. Second Reading. (Hansard.)
	3rd April. Tierney moved address to Prince Regent praying for abolition of Third Secretary of State. (Hansard.)
1817.	*10th March. Bennet presented petition from settlers in New South Wales. (Hansard.)
	29th April. Tierney moved for Committee to inquire into advisability of abolishing Third Secretary of State. (Hansard.)
1819.	*18th February. Bennet moved the appointment of Committee to inquire into system of Transportation and State of New South Wales. Lost 93 to 139. (Hansard.)
	1st. March. Lord Castlereagh moved appointment of Committee on Gaols and Prisons, which would also inquire into State of New South Wales. Carried. (Hansard.)
	*23rd March, Brougham presented petition of Blake and Williams. (Hansard.)
	*7th April. Bennet moved address to stay departure of female convict ship to New South Wales. Lost. (Hansard.)
1819.	29th June. First Reading of New South Wales Duties Bill. (Times, 30th June, 1819.)
	2nd July. Committee stage of New South Wales Duties Bill. (Times, 3rd July, 1819.)
1823.	2nd July. Sir J. Mackintosh presented petition from Eager against New South Wales Jurisdiction Bill. (Hansard.)
	*7th July. Mr. Wilmot Horton introduced further consideration of New South Wales Jurisdiction Bill. Went into Committee. (Times, 8th July, 1823.)
	8th July. Sir James Mackintosh presented petition of the emancipists (Times, 9th July, 1823.)
	9th July. New South Wales Jurisdiction Bill in Committee. (Times 10th July, 1823.)
	10th July, 1823. New South Wales Jurisdiction Bill read a third time and passed. (Times, 11th July, 1823.)