The British Press; or, Morning Literary Advertiser.
London, England, 1822-09-17 00:00:00

NEW souTH WALES.

UTRACT FROM THE REPORT OF THE COMMIS-
SIONER OF INQUIRY INTO THE STATE OF THE
COLONY OF NEW SOUTH WAILES.

(Continued from ow Paper of Saturday lad.)

The next points in which the magisterial office
has suffered in New South Wales. are the loss of the
services of the Rev. Mr. Morvdeo, and the cirbunz-
stances that attended his dismissal.

It is hardly necessary to state to your Lordship
the extensive knowledge that Mr. Marsden had ne-
cessarily acquired of the character and dispositions
of the perrions who most frequently came before the
magistrates, and of the motives that influence them,
by his long residence in the colony of New South
Wales. In the guidance of this knowledge, lie was
assisted by a strung natural understanding, and in
its application. by great sagacity sod an intrepid
mid determined spirit. lo the course of Isis duties
lie had shelve' himself to be equally active in the
investigation and pursuit of crime, and had received
the thanks of Governor Macquarrie for his services.
Without, however, impeaching the moral feelings
of Mr. Marsden, and without stating it as my opi-
nion that he has acted with undue severity, it is in
proof that his sentences are not only. in fact, more
severe than those of the other magistrates, hut that
the general opinion of the colony is, that his charac-
ter, as displayed in the administration of the penal
law in New South Wales, is stamped with severity.
I am far from entertaining an opinion that it forms
part of Mr. Marsden's natural character ; but I
think that it has proceeded from the habitual con-
templation of the depravity of the people that were
brought before him, from the sense that he gradually
acquired of the inefficiency of any other punish-
ment than that which was severely and corporally felt
by them, and the limitation that was imposed by an
order of Governor Macquarie's, which assigned a
certain number only of delinquents for the chain
gangs Meech town. In accounting for Governor Mac.
quarries motives in abruptly dismissing a magis-
trate, who, both by his own acknowledgment, and
in that I believe of all the well-judging persops in
the community, was the most valuable in it, I think
it necessary to refer to the circumstances that oc-
curred in the interview that took place Kt the Go-
vernmeirt House between Mr. Marsden and Gover-
nor Macquarrie, and that are detailed in a letter of
Mr. Mersrlen's, that has been lately submitted to
your Lordship's notice, the contents of which, I
was assured by him were, never intended to meet
the public eye, but which were represented to rue
by the Reverend Mr. Cowper, who attended al
the interview, as being substantially true. Other
interviews had taken place between them, in which
the language and waist of temper displayed by Go.
vernor Macquarrie towards Mr. Marsden, consider-
ing the friendly terms upon which, for some time,
they had continued to act, were much to be regret-
ted, and are only and hove generally been attri-
buted to the first and great difference of opinion I
upon the unfortunate question of admitting persona
who had been corivicts to the honours of the magis-
tracy, and to • belief that Governor Macquarrie
entertained of Mr. Wavier' haying been the author
of the statement tespecting the state of the Pars-
niatta factory, and the severity of punishments in
the colony, that I have before advertvd to; and which
was transmitted to Sir Henry Bunbury, formerly
Under Secretary of State for the Colonies, by Mr.
Bailey. It is admitted now, that Mr. Bailey was
the author of the statement, and from what I have
already observed upon the state of the factory at
Paramatta. and what I shall hereafter btahmit upon
the subject of the colonial punishments, your
Lordship will be enabled to judge how much of this
statement was true. Mr. Bailey was in habits of
intimacy and friendship wish Mr. Marsden, and had
been an el e witness of orie of the circumstances
that he stated, and most probably derived his know-
ledge of the others from their notoriety, and from
the commuuications of Mr. Marsden. On refer-
ence, however. to Mr. Bailey's statement, your Lord-
slop will find, that he mixes up a representation of
personal with local grievances, and that the latter
derive much of the colouring that is given theta,
as well as their direction. from that cause.
Without any explanation, therefore, respecting the
author, which seems to have been given at a late
period, through the friendly iuterference of Mr. J.
Field, and with the other cause of disunion ope-
rating in his mind, Governor Macquarrie felt that
be had some reason to doubt the siucerity of Mr.
Marsden 's attachment to his administration, mid
that he hail secretly conveyed information agoinst
it to your L .rdahip. The extreme severity of re-
buke that was afterwards passed by Governor Mac-
quarrie upon Mr. Marsden, and the indignity that
accompanied it at the interview I hive before allud-
ed to. naturally produced iu his nnud a strong dislike
to remain any lough in his situation of magistrate.
Mr.Marsden was charged in that interview by Gover-
nor Macquarie with opposition to his government,
arid with seditious practices. The opposition to the
measures of his government consisted of Mr. Mars-
den's refusal to be associated in duty with two such
persons as Audrew Thomson mid Simon Lord,
whom in spite of the Governor's opinion mid notice,
he still continued to regard as immoral men; and
of his'objection to the admission of persons who had
been convicts, into society as a principle : and his
sedition appears to have consisted in the act of
raking the affidavit of a public flogger respecting
the punishrueot of two fire men, and the confine-
ment of two free women in gaol, by order of the
Governor, on the report only of the chief constable,
who apprehended them. The particulars of this
act of authority of the Governor will be detailed
in my remarks upon the colonial punishments; for
the present, I will observe that it *as one, which
the hest friends of Governor Alacquarrie regretted.
both on account of its violence mid illegality, mid
for the just .burin that it excited even amongst those
who thought nod felt that silence was thrir most
prudent course. To the persons who had already
declared their opposition to the Governor's mea-
sures. it was an act that furnished a specibus and
jest ground of attack.
(Tv be eonfllntelf)

A desperate attempt was made by the horse-
stealers lately apprehended at Aylesbury. to escape
on Wednesday night last. So far as we have been
able to collect the particulars, they are as follow :-
14 The swimmers had, as anal, bees Licked op is separate
cella fo► the eight, when Wtllisms rontrived to remove the
screws which fastened she iron-work that forms the top of
his cell, and gut late a hobby is Gout of the whole range of
cells. By some means or other he opened the doors of his
two companion; and that of another prisouer, ai.o COUROrIi
for horse-stealing. They then endesvoured to cut their way
through lb. Boo► of the Tow u Hall with an old saw, and were
busily ensplu}ed is the attempt whets they were interrupted
by the appearance of Mr. Sheriff, the gaoler, sod his assist-
ants, who bad luckily been apprised of their design, and we
suppose, from policy, suffered them to proceed thus far be-
fore he made his appearance. This is the second trial to
escape made by the prisoners; inconsequence of their former
attempt they had been put in double irons, which they now
wear. How they gut possession of 114 saw yet remounts a
mystery.