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

DOCUMENTS
I. COLONIAL OFFICE.
Manuscript.
* Despatches from Secretary of State and Under-Secretary to Governor Macquarie.
* Letters from Colonial Office to persons in New South Wales.
* Letters to persons in United Kingdom (Domestic Correspondence).
* Commissions of Government Officers in Colony.
* Circular letters to Colonies, etc.
II. RECORD OFFICE.
Printed.
Manuscript.
* Despatches from Governor of New South Wales to Secretary of State of Under-Secretary, with Enclosures.
* Despatches from Secretary of State and Under-Secretary to Governor Macquarie.
* Letters from Colonists to Secretary of State or Under-Secretary.
* Letters from other Government Departments to Colonial Office.
* Letters from private persons in United Kingdom to Colonial Office.
* Correspondence between Bigge (Commissioner to New South Wales) and persons in the Colony.
* Despatches of Bigge to Secretary of State or Under-Secretary.
* Documents and Minutes of Evidence collected by Commissioner Bigge.
* Reports of Commissioner Bigge.
III. PARLIAMENTARY PAPERS.
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.
1817. 57 Geo. III., cap. 53.
1819. 59 Geo. III., cap. 101.
1819. 59 Geo. III., cap. 114.
1819. 59 Geo. III., cap. 122.
1820. 1 Geo. IV., cap. 62.
1821. 1 and 2 Geo. IV., cap. 6.
1822. 1 and 2 Geo. IV., cap. 8.
1822. 3 Geo. IV., cap. 96.
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.
1823. 4 Geo. IV., cap. 96.
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.
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.