The British Press; or, Morning Literary Advertiser.
London, England, 1822-10-10 00:00:00

NEW SMITH WALES.

EXTRACT FROM THE REPORT OF THE COMMIS-
SIONER OF INQUIET INTO THE STATE OF THE
COLONY OF NEW SOUTH WALES.

(Cuntiwited from oft Pere* of yeitr►iwy)

Governor Macquarie, in his declaration, enjoins
the strict observance of the following rules: first,
that it bring the Governor's unalterable intention
to extend the high boon of royal clemency only to
such persons as had, by a long and uninterrupted
period of gond conduct, and sincere contrition of
their part offences, evinced themselves worthy of
such favour and indulgence; he declared that no
convict under sentence of transportation for life
need apply for a fret pardon or emancipation, ex.
cept in a case of extraordinary merit, until after a
lap.e of several years of servitude, and fidelity of
conduct ; and convicts for limited terms of trans-
portation were to experience no remission of their
original sentence until they had served one-half of
the time at Ina.

Tickets of leave were not to be given until the
applicants had served three years, at least, fur the
Government, or the settlers to whom they were as-
signed, subject always. to good conduct during that
time, certified by the magistrate or clergyman of the
district in which the applicant resided.
The declaration further stated, that the Governor
desired it to be clearly and dstinctly understood,
that having laid down the foregoing system for his
own government, he was determined Hot to deviate
from it in any instance whatever.
• In the mouth of January, 1813, a new regulation
took place in a Government and general order, to
which it was declared that very little attention had
been shown to the former orders respecting applica-
tions of convicts, end that they should thenceforth
only he made on one day in the year, viz. the first
Monday in each succeeding mouth of December.
The Clergyman and Magistrates were enjoined not
to sign certificates for soy persons with whose real
character they were not well acquainted, and that
the certificates must express their considering the
applicants to be sober, hottest, and industrious.
Absolute pardons were not to be applied for by
convicts fur life, until they had been fifteen years
in the Colony; nor by convicts for limited terms,
until they had resided at least three-fourths of those
terms.

Conditional pardons, or emancipation., were not
to be grouted to couvie's for life until they had
been ten years in the colony ; nor to cotivicto for li-
mited terms, until they had resided at least two.
thirds of their original sentences. The same regu-
lation that was declared in the year 1811, respect-
ing ticket. of leave, was repeated.
1 am not aware of any subsequent regulation on
this subject; and it is considered that these last
regulations are still in force.
Such are the rules by which Governor Macquar-
rie has professed to guide himself in the exercise of
this important branch of his duty. Upon several
occasions, however, since the promulgation of these
rules, he has thought it expedient to suspend their
operation, in consequence of the numbers of con-
victs that had its tne years immediately preceding
received absolute or conditional pardons, or tickets
of leave. Suspensions of general upplications,
stated to be founded upon this principle of ex-
pedieticy, were ordered to take place on the 161 h
November, 1816, on the 7th November, 1818 (ex-
cept fur tickets of leas.), sod again on the 1 till
November, 1820, These orders were not observed ;
for in the year 1817, 10 free pardons, 16 conditional
pardons. and 202 tickets of leave, were granted. 111
1819, 21 free pardons, 56 cooditiossal pardons, and
205 tickets of leave; and in 1840, • free pardons,
191 co.stlitioiral pardous, and 965 tickets of leave,
were granted.
The terms of these different species of indulgence
are to be found in the Appendix. An absolute
pardon of the Governor of New Smith %Vales con-
tains • declaration under his hand, and the seal of
the territory, that the otiexpired let 111 or transporta-
tion of the convict is absolutely remitted to bun. It
is registered in the secretary's Ace, and ti fee of .5.t.
itt paid there to the principal clerk, mad 6J. to the
Government printer.
A conditional pardon contains • declaration of
the Governor, wider his hood and official seal, that
the unexpired term of the convict's deuce is con.
ditioually remitted to him ; and the condition is ex-
pressed to be, that he shall continue to reside within
the limits of the Government of New South Wales
&mug the space of the origimil sentence, wider
p:111 of incurring all the lb/9106n of re-appearing
in Great Britain, for and during the term of his
original sentence or order of transportation ; or as if
the remission had never helm granted.
The ticket of leave confiners u declaration of the
Governor's pleasure to dispense with the attend.
Mier, at government work, of Olin convict holding
it, and of his being permitted to employ himself
(olf the government stores) in :my lawful °crops-
non, within any given district, bar Iris own advan-
tage, during good behriviour, or mild the Governor's
pleasure shall be made Is 1111%11. It is either ex-
pressed to be by cot iiiii sod of the Governor sod
signed by his Secretary, ur H is signed by the Go-
vernor himself.

The certificates issued by the sew.* tary attest,
that after an examination of the tinfoils, so many
years have expired since sentence of that term veils
fumed en the party minded to it, deocribing tire
year and ship in which he strived, awl twilit% with
• declaration, that, by reason of the expired service,
the said party is restored to nil the rights of a free
subject.
To all these documents • description of the per-
son is added, and they wee registered Us mtuorote
books in the office of the secretary to the Gover-
nor.

I wiU gist submit to your Lordship a statement
of the slumber of these several kitsch of itanusious

, .
of punishment that have bees conferred by toVer-
nor Msequsrrie, since he assumed the government
in New Smith ales; the manner in which the! are
granted, and the considerations for grouting them;
and lastly, the effect and rights that they have been
held to confer upon the parties.
From the year 1810 to the year 1820 Governor
Macquurie has granted 966 free pardons, 1,365
conditional pardons, and 4,319 tickets of leave.
A nominal list of the convicts that have received
these remi.siona of rentence, in each year. from
1810 to 180.0. is to be found in the Appendix; dis-
tinguishing the period of the conviction of the
parties in England, the year of their arrival in New
South Wales, and the date of their remission of
sentence.

These psrticulara I thought important, as I was
not certain whether they had been fully doted, or
regularly transmitted, for your Lordship's informs-
teem, during the whole of the above period.
By the first regulations that appeared upon the
subject of reniisaioue of sentence, applications might
be made for them to the Governor in every month
of the year; but by the regulation of 1813, they
have been restricted to one day in the year.—
This testriction arose from the inconvenience that
was felt by the Governor in the augmentation of
the business he had to transact, and the pretexts
that the applications afforded to the convict. for
perpetual absences, and journies to Sydney. to pre-
sent their applications. I was present at the go-
vernment house on the sth January, 1820, the day
to which the petitions thin were to leave been
presented in November, 1819. had been deferred,
to consequence of the governor's illness. The crowd
upon tilts occasion was very great ; and observing
their impatience, the governor addressed them, and
informed them that he would grant uo tickets of
leave to those who had not been three years in the
country, nor any other indulgence, except in con-
formity to the terms of his proclamation of the year
1813. This address produced no effect. There
was great difficulty in preserving order in the prepen-
lation of the petitions that were delivered to the go-
ver►or ; who, on perusing the statements, and look-
ing at the certificates, either wrote it. pencil, on the
margin. the initial letters of the indulgence that
was to be given, or rejected the petitions altogether.
The petitions presented upon this occasion exceeded
700; they were collected by the major of brigade
and two clerks, who, with the superintendent of
convicts, were the only persons present.
The petitions to the Governor for indulgen-
ces are generally dawn up by the clerks to
the Magistratea, or the convicts who are expert
in writing : they set fottls the year and ship
in which the petitioner arrived in the Colooy,
and his services in it, and concluding with a
complimentary appeal to the Governoi's bene-
volence and humanity, pray for such remission
of sentence as he may think fit to bestow. They
are signed either by the Magistrates or the
chaplains of the district.; but I observed that the
certificates of the diffesent magistrates varied as
much io their form, as they did in the degree of
their recommendation : in some cases there was •
simple signature of one or more magistrates, in
others there was a mere recommendation of the pe-
titioner's core to the governor; but in none did I
see that the terms of the governor's order for the
year 1813 were strictly complied with, or that the
petitioners were certified to be "honest, tuber, and
industrious." In the district of Windsor, the ma-
gistrates lave generally met previous to the day of
presenting petitions to the governor, and have made
• selection of persons wholes they thought most de-
serving in the several district., and forwarded a list,
with their petitions, to the governor.
The applications of the Convicts in the employ-
ment of Government are signed by the respective
superintendents, and at Sydney by the chief en-
gineer.

In the course of my attendance at the government
house, on the presentation of petitions, my attention
w is particularly drawn to the 1101111r1011* violations
of the governor's orders that had been committed
by all the magistrates, in signingirertificates arid re-
cut 1111 l endations for convicts, whose services had not
!cliched the several terms appointed by the gover-
nor's order of the year 1813 ; and it was the more
observable, sr the governor bad addressed circular
letters to them previous to the period of receiving
petitions of this kind, in which they were requested
to pay particular attention to these point*. The
instances of this inattention were more numerous in
the petitions signed by Captain Piper, the naval
officer, than in those of any other magistrate ; and
they were less excusable in him, because, from
constantly residing in the town of Sydney, and front
giving very little attendance at the meetings of the
magistrates there, he had fewer opportunities of
knowing the conduct of the applicants than the
other magistrate* who resided in the country.

After .hr petitions are received, the Gosernor
makes out a het of those to whom indulgetwt•r are
to be g►anted, and it is sent to the Secietrry's
(Arr. where, upon a reference to the original in-
fletitS. the documents ate filled up and prepared free
the Gioreruor's ►iguature.

(To be coothrtred )

NAVAL INTELLIGENCE.

• PORTSMOUTH, orronnt S.
Arrive/ the Elizabeth, Denglu, frurs the Dumas for the
Suutls Seas; Jura, Blackburn, froanditte, fur Trieste.

PLYMOUTH, OCTURIR 7.
Arrived the °Clan, I.dliogtos, frost thugs-ate it I.,ortren
weeks.

Saikd the Alettauder, Erriagton, for Oporto.

►ALMOUTH, ocloara 7.
Arrived lie Daniell brig Chat-Mtge, Sabring, from New-
burgh fur Cadiz awl GAN&liar.

YARMOUTH, OCTORRR 8.
The brig Bi lion, Ware, frnin Hull fur LOOli4oo, sprung a
yeeirrday off Eastern, and was a ' rd by a boat into
our Roads; she is sow beiug lightened to enable her to come
ink, our harbour.
DIAL, Germ's& S.
Arrived yesterday the tudesirour, Mosselmes, from
Jarman ; Polly, Wilkinson, from Quebec ; Priory Regent,
Cuippinger, from Trinidad; also last night the Rearrfurt,
liniothult. from Jamaica; Star, Barnes, from Quebec ;
Kitty, Goodwin, from Virginia; Geiser.' Pike. Down, fruits
Richmond; llarid Thomas, James, from Torgiria ; sod
Betsey, Dodd, from Africa.
The Iminevrarif.boorwl still remains with the whole of tie
outward boated as before. We du mot learn that say of
them bon sabered during last sight sad tie day, except the
tiopoweit, Bons Jamaica, and Trusty. The boainteu report
eat% of them base bit RR audios' and Cable; lad Peocreiled
is Maple Rinds,

tHE TURP.

ENFIELD RACES.

mnDernsostlf. ocTozgli 9.
The Gentlemen's Purse of 501. Heats, two Mile' Mid ahi
Mr. Barrierd's b. f. by Miley • • • • 1
Mr. Coleman's b. f. Decide, by Gently • • 2
Mr. Brown's g. f. Mesic
Mr. Dmon's V01unteer........:.. '4
Volunteer bolted the course is the iirst heat, and threw
jnckey,who remounted, and sawed Ma distance, as some se
hut it was dispelled. lie was started again fur the semi
heat, which be won in a ranter ; bet the masers of the nit
houses judging him diagnalilled, made se rya agaicst Ina
There was another Slake, abicle did not