The British Press; or, Morning Literary Advertiser.
London, England, 1822-09-18 00:00:00

NEFF SOUTH WALE&

RETRACT PROW TIE REPORT OP YAII COMMIS-
sioNgt OF INQUIRY INTO TIC STATE Or THE
COLONY OF NEW SOUTH WALES.

(Coistimusdfrom our Paper of reshrifey.)

From a.crinticiousness, perhaps, of having thus um.
warily exposed himself to it, and that he was with.
out defence, Governor Macquarrie from one error,
_only fell into another.
A petition to•the House of Commons, in which a
complaint. of this, amongst other acts of his govern.
ment, was inserted, had been drawn up, with the
advice and assistance of M. J. Hurt Bent, had been
industriously circulated in the colony, and hid ob-
tained many • signatures. The manner in which
some of there were obtained, and the ingratitude
that marked the' conduct of some of that class of
persons who had lately received emancipation. from
'him (and on whose attachment he had vainly re-.
lied), excited in thr mind of the Governor feelings
of warm and just indignation, and urged by these
feelings be not only denounced their petition us se-
ditious, infamous and false, but refused licenses to
two publicans of Sydney, for having allowed copies
of it to rernsin at their houses for signature, mud re•
fused teller an addittonal grant of land to one of
the most respectable of the whole class of emai-
-1 cipated convict., who, in a moment of intoxication,
or ignorant enthusiasm, had affixed his mark to the
petition.
It has been the misfortune of Governor Mac-
qoarrie to receive from your Lordship a censure
for this act, to the severity and justice of which I
feel that it would be indecorous in me, if it were
possible, to attempt to add any thing; bat I think
it right to allude to it, as one amongst other proofs
of the impressiou to which Governor Macquarrie
has unfortunately too much yielded, that an at-*
tempt to expose an abuse of his authority was
an act of sedition. It was precisely under the strong
influence of this notion, that Governor Macquarrie
thought it necessary or @deniable to listen to the
verbal report of the gaoler of Sydney, and the evi-
dence of the public flogger, from both of which he
collected that Mr. Marsden had solicited the perso a
who had been punished, as well as the flogger, to
come forward' and declare the pin twofers before
• hint. The lea of his having done so is negatived
by. the testimony of Blake. who declares that lie
sine persuaded to make his declaration by several
individuals who had felt slain for themselves on
account of this punishment; and by the testimony
of Daniel Cubits, whom Mr. Marsden emplii.ii-
cally describes as an " honest guider." Tne evi.
deuce of the public flogger before me, as well as
that which he gave on oath before Mr. Campbell,
the Governor's secretary, would lead to die conclu-
sion, that Mr. Marsden had sent for him to make
an affidavit, if his circumstancer,• et the time that
he gave hi. first evidence, as well as character, did
sot afford strong reasons for disbelieving him, espe-
cially when his dechirations have been pointedly
Contradicted by those of Mr. Matilde°. to which,
unsolicited by rne. he has thought fit to add the
• solemnity of an oath ; and in as tar as their know-
: ledge and observation went, by the &dualisms of
Mr. Campbell and Mr. Hopke."
Upon a review of the evidence of these persons,
I have been compelled to come to a very different
conclusion from that which Governor Macquarrie
adopted, respecting the part that Mr. Marsden took
in this transaction, as I consider that the utcnort
that he did was to take the affidavit of the public
• flogger respecting the fact of the punishment. an
act that any magistrate would have been es com-
petent to perform, whether in his district or out of
ft, `and for the effect or 'object of which he could iu
no wise he considered responsible. -
• TheJength of tune that had elapsed after the pu-
Jiisliment took place, makes it improbable that Mr.
Marsden would have lent hiinself, a w late a
period, to a !party in the colony retaining hostility
towards Governor Macquarie for acts that In► had
committed so long before, but that werveivrays very
notorious, and which Mr. Marsden roust have known
to have been perfectly it itb.iu the knowledge of
Mr. J. Hart Bent, arid that through hint they
would be submitted either to the notice of Per-
liametit or of your Lordship. It was, however,
tit-sder tbs." impressions to which I have before al-
luded; as well as under a belief of the truth of
thii evidence, that Governor Macquarrie came
to the resolution of taxing Mr. Marsden with the
crime*. of *edition and mutiny in the presence of
persons, who appeared to have been summoned for
the purpose of .increasing the measure of his humi-
liation, while their presence, though it did not in-
timidate him, does not appear to have had the effect
of restraining within ordinary bonds, the severity
and personality of the Governor's remarks.

I am not aware that Mr. Marsden has ever nd-
..dreseed any complaints to your Lordship upon the
circumstances of this interview ; and it is only to be
wondered chat he did not peri•t in the resolution that
he lOW declared to Governor Macquarie at the io.
teiview. of ceasing any longer to act a magistrate.

An occasion arose soon after this interview, which
Mr. Marsden considered as a favourahle opportunity
of pressing his resignation. Mr. Judge-Advocate
the month of March of the year ISIS,
had, upon a cw•ud visit to the gaol at Panama-a,
obserxed sever►l pti•ners in it who had beep sen-
tenced to long terms of iMpritonment by the bench of
magistrates at Plumate, then consisting of the Rev.
Mr. Marsden and Mr. H. sPArthur. As Governor
Macquarie had requested the Judge-Advocate,
whenever he visited the gaol., to make a report to.
him of any thing that was worthy of remark is the
conduct or cases of the prisoners, he took an oppor-
tunity after his visit, in which it appears that he had
been accompanied by Mr. Marsden, to submit to
Governor Macquarie the 113111e1 of those !meaner'
who had already suffered long imprisonMent. under
what appeared to him to be heavy sentences, sod
whom the Governor might think fit object. of re-
lease, if he should deem expedient at all to relieve
the gaol at that time from the number of prisoners
that were in it,

The letter in which this representation was made,
Governor Macquarrie was unable to find; but it
dots not appear to have been accompanied with any
ob►ervation from the Judge-Advocate ore the several
cases of the prisoners, or of say dwproportion of
their punishments to their offences,

(iv be etntiltuid )

•

NP.

• . -
'the following eighteen unfortunate men well
were sentenced to death at our last Assizes, hose
been restated :
' James Fitsessurter, who w„ to be 'paged co the lek
lust. for a burglary to the house of Michael Sure While,
Esq. in this couuty.
Owen Sullivan, seuleoced to death ou same day, for a bar.
glary In the Lone of Mr. Rose.
Arthur Walker, soma day, for taltisg arms from the home
of Mr. John Shire.

CLerin Connors, Darby Connors, Pat. Connors, loon
Connors, Denis Coalmen, Wiltkm Connors, seri , Willieet
Cocoon', jos., Owen Sweeny, P. Sweeny, and Job■ I4ae,
who were *retraced to deeth, on the 411, of Ociabrr, fee
burglary end felony in the house of Patrick Hayes. Fqq. of
Cr"C* - -

Jobn GsNino for a bertlary in tin louse of Maori,. Con_
sell, wbo was sentenced at the kw Assign; I. be batierd
tie 1411 of Oc(ober.

hfurtogh Doan and David Shea, for a robbery is the tweee
of Tbirmaa Lean, of Glearbarum.
Pat. Dunneeo, for' highway robbery.
John Rielly, for compelling Pat. Gran to quit (foal/
lag-boule—respited until farther orders.--Ltmerich Tele.
graph.)