PUBLIC RECORD OFFICE
Reference :-
TELEC.O.
885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIĊ- COPYRIGHT PHOTOGRAPH-NOT TO
NEW SOUTⱭI WALES.
Encl. in No. 6.
•*,000 sheep 40 L'amie. lates
4
DESPATCHES RELATIVE TO THE RECEPTION
of-leave, I may repeat that the plan, according to which convicts have recently been sent to New South Wales, is now being carried into effect in strict con- formity with that which was sanctioned by the Legislative Council in the month of April, 1848. It is possible that a change of opinion may since have taken place in that body and in the colony, and it may be gathered from some of the reports you have enclosed from the superintendent of Port Phillip, that, to some extent at least, such is the case, and that since Her Majesty's Government have poured in such large supplies of free labour, the very same persons who once had been advocates for the measure of introducing convicts are now among its opponents. But it is obvious, that even were it certain that this change of opinion were general, it could not reasonably be made matter of complaint against Her Majesty's Government that they had acted in conformity with the wishes previously expressed by the Legislature, nor should I be jus- tified in assuming, in opposition to the recorded vote of that body, (the only one which, upon such contested questions, I can regard as speaking the sentiments of the whole community,) that the colonists are no longer desirous of receiving convicts upon the conditions on which the address of the 7th of April, 1848, declares that they will be acceptable. It would be the less proper to do so, because it is obvious that this is a question upon which very opposite views are entertained in different parts of the colony and by different classes of its in- habitants. Nearly at the same time with your report of the public proceedings in that part of the colony, I received from several proprietors of flocks at Moreton Bay an earnest request, embodied in a petition of which I enclose a copy, that they might have the benefit of a supply of convicts properly selected, to satisfy the want of labour which is urgently felt in that district.
14. For these reasons, until the recorded vote of the Legislative Council in favour of sending convicts to the colony on certain conditions shall have been recalled by an equally formal proceeding. Her Majesty's Government are not prepared to abandon the measure, but as it appears, as well from the petition to which I have just adverted as from the proceedings in an opposite sense at Sydney and Port Phillip, that convicts are much more needed, and will be far more wil- lingly received, at Moreton Bay than in the other districts of the colony, for the present, at least, those that are sent to the colony will be directed to that quarter. A ship will accordingly be despatched almost immediately to that destination with convicts who will be carefully chosen for good conduct since their sentences, and they will be followed by an equal number of free emi- grants.
15. In conclusion, I have only to add, that whenever I may receive your report of the further deliberations of the Legislative Council on this important subject, the views finally adopted by that body will not fail to receive theearly and serious attention of Her Majesty's Government.
Sir C. A. FitzRoy.,
&c.
MY LORD,
&c.
Enclosure in No. 6.
I have, &c.,
(Signed)
GREY.
Rickmansworth, September 24, 1849. We, the undersigned magistrates and stockholders in the district of Moreton Bay, New South Wales, now on a visić to England for a short time, are induced to address your Lordship, in the hope that you will be pleased to authorise the introduction and continuous supply of "exiles" into that district, and we trust that you Will the more readily attend to this suggestion as we are aware that the Mount Stuart Elphinstone" sailed for that port in the month of last May with a ship-load of that description of labour.
We are not ignorant that objections have been raised in different quarters, and indeed in some of the Australian colonies, on this important subject, but our experience, gained by a long residence in the neighbourhood of a penal settlement, teaching ns that even under such disad- van'ages, the system has generally worked well, whether we consider the amount of reformation or the benefit derived by the employers of labour; and we may add, that many of our most trustworthy and useful servants have been originally convicts.
We would not have made this request without leaving well considered the subject, and without feeling confident that we are expressing the sentiments of the majority of the stockholders in our district, and we would respectfully point out to your Lordship that our stake is considerable, (calling your attention to the note annexed to this letter) that we reside with our families on our sheep stations, and that our own establishments alone require the services of 250 men.
OF CONVICTS IN NEW SOUTH WALES.
5
We are given to understand, on inquiry at the Office of Her Majesty's Emigration Commis- missioners in Park-street, that it is not their intention, for the present at all events, to dispatch emigrant ships to any other ports in the Australian colonies, save to Sydney, Port Phillip, and Adriaide; consequently no labour will reach Moreton Bay direct from the mother-country, and we shall be compelled, at a considerable risk and expense, to 'orward the newly-arrived emi- grants to that distant part of the colony.
Our latest advices from Moreton Bay, up to the end of April, inform us that labour is as scarce as ever, and wages almost as high, shepherds at that date receiving from 227. to 257. per annum, with the usual weekly ration. Our distance from Sydney (600 miles) may operate as one reason for such continuous high wages, but on the other hand, we cannot forget that our grazing capabilities are of unlimited extent, every day producing fresh outlets, and conse- quently absorbing fresh labour, so much so, that his Excellency Sir Charles FitzRoy has during the last year deemed it expedient to make three new appointments as Commissioners of Crown Lands to the north, west, and north-west of Moreton Bay.
We beg leave most respectfully to remind your Lordship, that the townships in and around Brisbane depend, in a great measure, upon the "squatters" for their support; that the in- crease of our sheep and cattle during the last eight years has been without a parallel, but unless some permanent arrangement be adopted, so as to render the supply of labour less pre- carious and less intermittent, our flocks and herds must considerably deteriorate in quantity and value.
Pastoral pursuits necessarily involve a scattered population; we would, therefore, humbly suggest, that for this very reason a favourable opportunity presents itself of sending out men who bave undergone the probationary system here, to a district where, owing to its enormous extent, they would be dispersed shortly after their arrival, instead of being congregated together in a town.
We, therefore, trust that your Lordship will be pleased to authorise the departure of two ships, containing from 250 to 300 "exiles" in each ship, to sail in the months of April and October in each year, to arrive in August and February, at a time when a fresh supply of labour is essentially requisite for carrying on our grazing operations.
Requesting your Lordship's early consideration of the foregoing representations,
We, have, &c., (Signed) ARTHUR HODGSON, J. P.
Henry Hughes, J.P. FRED. W. BIGGE, J. P. WALTER D. LESLIE, J. P. GEO. R. E. FAIRHOLME, J. P. EVAN MACKENZIE, Bart., also for COLIN JOHN Wonengh, J. P.
The Right Hon. Earl Grey,
&c. 50.
(No. 174.)
&c.
No. 7.
COPY of a DESPATCH from Earl GREY to Governor Sir C. A. FITZROY. Downing-street, November 16, 1849.
SIR,
I HAVE the honour to acknowledge your Despatch No. 111, of the 1st of June last, accompanied by an Address to the Queen from the Legislative Council declining to acceile to the proposal which had been made for renewing the intro- duction of convicts into the colony, and respectfully protesting against the adoption of any measure by which the colony would be converted into a penal settlement.
2. I have to acquaint you that I have duly laid this Address before Her Majesty, who was pleased to receive the same very graciously.
L
NEW SOUTH WALKS.
12,000 Sleup, Bu^ Calth $1 Hors. $4,000 Sheep. 1,000 Cattle, 20 Hones
15,000 Sheep, 400 Head
of Cattle, 170 Harms. 17,000 Sheep.
2,500 Cattle, 300 Horari 7,000 Sheep, 500 Cattle. 20 Horses. 18,000 Sheep, 700 Cattle,
100Hares
No. 7.
3. I send you. by this opportunity, a Despatel bearing date the 10th of this No. 173, to Nov. month, which was prepared, though not yet sent off, when the present intelligence from you arrived. I still think it right to forward it, as affording the shortest and clearest explanation I can give you of the views which were entertained by Her Majesty's Government previously to the receipt of the Address from the Legislative Council, and which led to the engagement of a ship for the conveyance of convicts to Moreton Bay.
4. In this Despatch I have had occasion to point out that owing to the aid granted by Parliament for free emigration, the convicts recently sent from this country have, in point of fact, beeen going to New South Wales, in exact con. formity with the arrangement which was approved of by the Legislative Council in their Address to you of the 7th of April, 1848.* But finding, from their present. Address, that the views of the Council have been changed, and that they no longer
Page 39 of Papers relative to Convict Discipline, presen ed to both Houses of Parliament, by Com- mand. February 1849.
;Page 211
OF CONVICTS IN NEW SOUTH WALES.
7
PUBLIC RECORD OFFICE
C.O.
Reference :-
NEW SOUTH WALKS.
6
DESPATCHES RELATIVE TO THE RECEPTION
consider it advisable that convicts should be introduced under any circumstances whatever, I have to inform you that after the ship which is already engaged shall have proceeded to Moreton Bay, it is not intended that any more convicts shall be sent to any part of New South Wales. That ship having been engaged in pur- suance of a course of proceeding adopted with the concurrence of the Legislature, its destination could not now be altered without very serious inconvenience.
may
5. I have not, however, thought it necessary to advise that, in compliance with the concluding portion of the Address from the Legislative Council, Her Majesty should immediately revoke the Order in Council in which New South Wales 18 named amongst the places to which prisoners who are sentenced to transportation be sent. It may be proper that this step should be taken hereafter, but there is nothing to make it of immediate urgency. You are aware that the existence of such an Order by no means implies that convicts are to be sent to each place named in it, but merely renders it legal to send them there if it should be judged advisable to do so. The Transportation Act gives power to send convicts to such places as are appointed for the purpose by the Order in Council, and hence the necessity of an Order naming each colony to which they may be removed; but this Order is purely permissive, and contains no directions for introducing convicts into the places which it enumerates. You will understand that Her Majesty's Govern- ment do not intend to act upon the Order by sending convicts to New South Wales while the opinion of the colonists, us expressed by the Legislature, continues ad- verse to that measure. Though New South Wales was originally established as a penal colony, and therefore its inhabitants would have no right to complain had it been continued as such, the Order in Council which Her Majesty was pleased to make in the year 1840, directing that convicts should no longer be sent there, may fairly be regarded as virtually conveying a pledge to its inhabitants that without their concurrence the practice of so sending them would not again be resumed. Her Majesty's Government have acted strictly on this understanding of what is due to the colony, and will continue to do so; but considering that the judgment of the Legislature (which must be regarded as authorized to declare the sentiments of the inhabitants whom it represents) has from time to time undergone more than one change on the question, and that the opinion of the community upon it has always appeared to be much divided, and still continues to be so, it would seem to be inconvenient (as it is unnecessary for the purpose of practically meeting the pre- sent wishes of the colonists) to revoke that Ørder in Council until it shall clearly appear that after being more fully apprised than it was at the date of the last advices of the measures adopted by Her Majesty's Government to meet its wishes, as previously expressed, the Legislature has deliberately adopted as its final con- clusion a determination that no more convicts ought, under any conditions, to be sent to any part of the colony.
I have, &c.,
GREY.
Sir C. A. FitzRoy,
&e. &c.
(Signed)
(No. 137.)
No. 8.
Copy of a DESPATCH from Governor Sir C. A. FITZROY to Earl Grey.
Government House, Sydney,
MY LORD,
June 27, 1849. (Received December 3, 1849.)
.) + page
(Answered December 11, 1849, No. I HAVE the honour to transmit the report of the principal Superin- tendent of Convicts of the arrival of the ship "Hashemy," on the 8th instant, with 212 convicts on board, and of their distribution and classification,
2. I am gratified at being enabled to inform your Lordship that this vessel arrived in excellent order, and that the conduct of the convicts during the voyage, and, as is stated, "under trying circumstances," has been exceedingly good, with the exception of only four, who have in consequence been sent to Cockatoo Island on probation before tickets-of-leave are authorized to be issued
to them.
3. The remainder were permitted to make engagements with persons who were allowed, under an order from the Principal Superintendent, to go on board for that purpose; and, notwithstanding the strong feeling entertained by a great number of persons in the colony against the employment of convict labour, and although there were at that time four emigrant ships in the harbour, having on board about 1,000 souls, 153 of these men immediately obtained respectable engagements, at wages from 121. to 167. per annum; some mechanics at 28/. per annum; and boys at from 8l. to 117. per annum. 59 not so engaged have been forwarded by the steamers to Moreton Bay and the Clarence River, from whence applications for a considerable number had been received; and the Principal Superintendent states in his Report (to which I would beg to refer your Lordship for further detail), that there are still applications in his office "from private individuals and others, in different "parts of the colony, for a larger number of this class of labourers than can be “supplied by the arrival of several convict ships."
The
NEW SOUT!! WALES.
No. 8.
25 June, 1849.
14 June, 1:49.
4. I have also the honour to transmit a copy of the suggestions of the Prin- cipal Superintendent of Convicts for the disposal of the prisoners on board the Hashemy," which, under my authority, have been carried into effect, together with a copy of the book of regulations, &c., referred to by the Prin- Printed pamphlet. cipal Superintendent in his Report.
5. I cannot conclude this Despatch without particularly calling your Lord- ship's attention to the merits of the Surgeon Superintendent, Dr. Browning, R.N. This gentleman has made several voyages to this colony in charge of convicts, and has, on every occasion, deserved the approbation of the Govern- ment for his excellent management of them while on the voyage out, both as to their discipline and to their moral and spiritual improvement; and the gratitude evinced towards him by the men he has now brought out is a sufficient proof of the efficacy of the system he has followed.
6. The concluding paragraph of the Principal Superintendent's Report shows that the master of the Hashemy" is also deserving of great praise for
腰痛
his kindness towards these men; while the fact of his having permitted some of
them to remain on board, to his own inconvenience, while waiting for their
employers to remove them, speaks well for the generally-orderly conduct of the men during the voyage.
The Right Hon. Earl Grey,
&c. &c.
&c.
I have, &c.,
(Signed)
C. A. FITZROY.
Enclosure 1 in No. 8.
Encl. 1 in No. 8.
REPORT of the PRINCIPAL SUPERINTENDENT of CONVICTS of the Arrival, Distribution, and Classification of the Convicts by the ship Hashery."
I HAVE the honour to report, for the information of his Excellency the Governor, that the ship
Hashemy" arrived in Port Jackson on the 8th instant, having on board 212 convicts (from the Millbank, Parkhurst, Pentonville, and Wakefield prisons) under the super- intendence of Dr. Browning, R.N.
On the day following, I proceeded on board the vessel and inspected the prisoners, their prison hospital, &c., and was very much pleased with the cleanly and respectable appearance