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N.S. Wales
Note 9 July 1802
Conduct
VII. Escapees
Conduct of the Governor towards Expirees in respect of their liberty
of the
July 1789. p.74
11
Expence refused
liberty for want of
purpose—flogged
but for claiming it.
The only evidences by which the Governors right
to confine any body individual in New South Wales could be established not being furthering,
a man, in whose instance of whom there was no doubt but that his term
of punishment was expired, claimed his liberty. In the course
of his argument, used some words which though not said something but which were looked upon deemed
it is said "disrespectful to the Lieutenant Governor", he was punished
with six hundred lashes, and kept in irons for 6 months.
This example was certainly A very instructive one example, certainly:+ it would be
It may be imagined whether after this example, men were forward
to claim their his rights.(a)
a man might learn from it what they were likely to get by taking upon
promising to claim their rights
talking about their rights.
+1 it shewed men what
was to be got by
talking about rights.
12
Another flogged
for trying without
leave.
p.130. August 1790.
No 2. Another freeman trying to quit punished for having tried to get
quitting the Colony punished for "taking a very improper
"mode." The act itself consisted in the exercise of that liberty which the
law of the land had
assured to him, and which
no man alone had any
right so much as to pretend
to give him leave to exercise.
mode. The impropriety of the mode, consisted in the not asking leave, at the
risk of receiving six hundred lashes, and wearing irons for six
months
to do nobody in the Colony the Governor had no means had
any right to hinder him from doing.(b) The number of lashes is Mode of punishment
of course flogging though not mentioned: number of lashes not mentioned. This freeman "was punished together with a Convict" who had+
made a like attempt
in the same ship
at the same time. As far
as can be judged the
right or no right
with or without right
made no sought sort of
difference in their
fate.
13
Bloodworth made
free & confined
2 years to cruel
No. p.140. Nov 1790. James Bloodworth "having approved himself a most
useful member of the settlement" was "declared free." One may The /freedom
judge of his What his freedom was may of What sort the freedom was
but was may be is explained by saying he bound may be judged of by him binding himself immediately,
"by an agreement with the Governor, to work for two years
"longer in the Colony, stipulating only to be fed and clothed
"during that time."(c) That his condition was upon the whole
meliorated by what was done, can scarcely be doubted may reasonably be inferred. But
to call such bondage servitude freedom, is taking no small liberty with language.
14
Oars destroyd—as
made as supposed for
escape—where they
were unknown.
No 3 4. p.140. Nov 1790. Persons At this time, information was
received, of boats about to be built for the purpose of escape.
By way of prevention, some unfinished oars, being found accordingly
were destroyd.+ The obstacles opposed to the departure return of
of those who had a right to go the Expirees are stated by Captain Collins as the
probable causes of such attempts.(d) "Attempts of this sort"
(says he) "were always likely to be made, at least as long as
No 4. p.119. April 1794. Informat
"any difficulty occurred in their quitting the Colony after the term
"had expired for which by law they were sentenced to remain abroad
"....If these people found any obstacles in their way, they would
"naturally be driven to attempt the attainment of their wishes
"in some other mode; and it would then become an object of
"bad policy as well as cruelty to detain "them.—Thus far
"Captain Collins the Judge Advocate—What can be more just than these "sentiments
"What more honourable? than the opinions of those pronounced? How
"far the practice it was confined to of others corresponded to them by persons in whom the fate of the persons
in your Lordship
+ Who they belonged to
those who had a right to
go—those who had no
such right, were not
thought worth considering.
If the same correct notions of
justice had been able
to find their way into
the head and from thence
into the heart of Law the
Minister of that day
late Lord Sydney Mr
Pitt his Majesty would
have had no such improved
Colony as New South Wales.
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jeremy bentham |
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