employed in any situation of trust or command." Again, "in some cases, the persons recommended will probably forfeit the indulgence for which they have been recommended, and before it is received they may be under various sentences here at the time their emancipations arrive from England, which could not then be well acted upon. All this would tend to endless trouble and confusion of representations backwards and forwards, which can only be imagined by those accustomed to these extraordinary persons who, while convicts, are panting for freedom, and when once restored to freedom too frequently forfeit it." He stated that it would be difficult to give a correct return of tickets-of-leave as they were issued during pleasure and liable to be recalled at any moment. As the holder remained under surveillance he did not think the indulgence would lead to mischief, and it had the advantage of saving the Treasury of expense.
Macquarie concluded his plea by enclosing for the Secretary of State's perusal an Order which he had drawn up for the regulation of all mitigations of sentence.[1] Petitions and memorials praying for these indulgences were to be presented once a year only, on the first Monday in December. Each application was to be signed and countersigned by the resident Magistrate and Chaplain of the district to which the convict belonged. If he lived in Sydney he must have a certificate also from the Superintendent of Police. The signatories must have known the applicant personally, and certify that he was "sober, industrious, and honest". A convict asking for an absolute pardon must have resided in the Colony for fifteen years if undergoing a life sentence, and for three-fourths of the period of any other. For a conditional pardon the necessary period of residence was ten years if a prisoner for life, or two-thirds of any other term. Before asking for tickets-of-leave the applicants must have been three years in the territory. Good conduct within the Colony was the only ground upon which a claim to any of these indulgences might be based. Lord Bathurst was satisfied with the arguments and regulations put before him by the Governor, and pressed the matter
- ↑ G.G.O., 9th January, 1813.
