History of the Australian Bushrangers

PREFACE.

In this story of the bushrangers I do not pretend to have included the names of all those who have at various times been called bushrangers in Australia. That, as will be seen from what I have said in the earlier chapters, would be not merely impossible but useless. I believe, however, that I have collected some particulars about all those who succeeded in winning even a local notoriety, and I have also endeavoured to supply such personal characteristics of the leaders in the movement as may throw some light on the causes which induced them to take to the bush. My principal object, however, has been to make the picture as complete as possible, so that the magnitude of the social evil which the Australians set themselves to cure may be realised; and it is generally believed in Australia that this cure has been so complete that bushranging will never again become epidemic.

The story is a terrible one. Some of the incidents related are no doubt revolting, but it is necessary that even these should be told to show how civilised man may be degraded by unjust and oppressive laws. We are all creatures of the educational influences to which we are subjected in our youth, and therefore it is unfair to blame the earlier bushrangers; because they were the products of the civilisation of their day, and were not themselves responsible. But sensational as the story is, its tendency is rather to depress than to exhilarate the reader, for the story is a sad one, in that it shows a deplorable waste of what under happier conditions might have been useful lives. As a rule I have adhered very closely to the newspaper reports of the time, but to make the story (which naturally tends to be scrappy and disconnected) as homogeneous and continuous as possible, I have followed one gang to the close of its career, and then returned to take up the history of another gang. I have paid special attention to the geography of the country, and the reader who possesses a fairly good map of each of the colonies should have no difficulty in following the movements of each of the gangs, and may thus obtain an idea of the extent of the area over which it operated.

Hitherto the histories of Australia have passed very lightly over the bushrangers, but there can be no doubt that they exercised some influence, and not always for evil, for to their influence is due some of the sturdy Republicanism of the modern Australians. The publication of this story may perhaps assist the future historian in tracing the growth of public opinion in Australia, and will therefore not be without its use. It is in this hope that I submit it to the public.

G.E.B.

AUTHORITIES QUOTED.

Reports of the Select Committees of the House of Commons on Transportation, Sessions 1837 and 1838: Chapters I., II., III., IV.

Report of the Special Commission of Enquiry into the state of the Colony of New South Wales. By John Thomas Bigge, 1822 and 1823: Chapters I., II., IV.

Despatches of Governors Macquarie, Bourke, Sorell, Arthur, Franklin, Denison, Latrobe, &c., to the Colonial Office: Chapters I., II., III., IV., XII.

History of Van Diemen's Land, from 1820 to 1835. Anonymous. Chapters I., II.

History of Bendigo. By George Mackay. Chapter XII.

The Last of the Tasmanians. By James Bonwick, F.R.G.S. Chapter II.

The Spectator. Chapter IX.

Hobart Town Gazette. Chapters I., II., III.

Hobart Town Courier and Murray's Review. Chapters I., II., VI., X., XI., XV.

Colonial Times. Chapters X., XI., XV.

Cornwall Chronicle. Chapters I., II., III., VI., IX., X., XI.

Launceston Advertiser. Chapters I., II., VI., IX., X.

Launceston Examiner. Chapters VI., IX., XI.

Sydney Gazette. Chapters I., IV., VI., VII.

Sydney Monitor. Chapters I., IV.

Sydney Australian. Chapters I., IV.

Sydney Morning Herald. Chapters V., VI., VII., VIII., IX., XV., XVI., XVII., XVIII., XIX., XX., XXI., XXII., XXIII., XXIV., XXVIII.

Melbourne Argus. Chapters IV., XIII., XIV., XV., XXI., XXV., XXVIII., XXIX., XXX., XXXI.

Port Phillip Herald. Chapters VI., VII., VIII.

Geelong Advertiser. Chapters XII., XIII., XIV., XV.

Melbourne Herald. Chapters XII., XIV., XV.

Melbourne Age. Chapters XXIX., XXX., XXXI.

South Australian Register. Chapters VIII., XXIV.

Brisbane Courier. Chapter XXVII.

New Zealand Herald. Chapter XXVI.

The quotations from numerous provincial papers acknowledged in the text have been taken at second hand, principally from the metropolitan papers of the colony referred to, and which are included in this list.

CONTENTS.

CHAPTER I.

Introductory; Characteristics of the Convicts Sent to Australia; Bushranging: Origin and Meaning of the Term; The Cat and the Double Cat; Condition of the Prisoners: Some Terrible Revelations; The Desperation of Despair; Some Flogging Stories; The Bushranging Act and Its Abuses; Opinions of the Magistrates; Savage Treatment of Criminals Continued to the Present Time; Brutality not Cured by Brutal Punishment; Where Bushranging First Began.

The species of brigandage known in Australia as bushranging was, without doubt, evolved, more or less directly, from the convict system established as the basis of the earlier settlements in the island continent. The first bushrangers were simply men who took to the bush to escape work and enjoy freedom of action. Under the harsh laws of the Georgian era the greater criminals were hung, and not transported, and the convicts sent to Botany Bay, in the eighteenth and the earlier years of the nineteenth centuries, were generally men to whom the trammels of the civilisation of their day were irksome. Many of them were political agitators, industrial rioters, and machine-breakers. The others were poachers and similarly comparatively mild offenders against the laws, who, under the present laws of Great Britain, would be sufficiently punished with a few months' imprisonment. Many of these men, when they were removed to a new land where the social conditions did not press so heavily on them, became honest and reputable citizens, and, perhaps, but for the harsh treatment they were subjected to, numbers of others who were driven to continue their fight against authority, might also have lived quiet and useful lives. This subject is a very delicate one, and it is not my intention to pursue it further here; but if it could be fully treated without giving offence to numbers of worthy and, in some cases, justly honoured residents of Australia, some very valuable lessons might be learned from the histories of some of those families whose founders could not live in England without offending against the laws, but who could and did earn the respect of their fellow colonists in Australia who were not sent out.

The student of history in Australia is reminded, perhaps more forcibly than his fellow in England, that the humanitarian spirit, now so distinguishing a trait in the Anglo-Saxon character, is of very recent growth. Under the operation of this new force the criminal law of England was rapidly softened and ameliorated, and with every advance in this direction the character of the convicts sent out to Australia steadily deteriorated, if I may so describe the process. With every alteration in the law a fresh class of criminal was transported, and these with few exceptions would, a few months before, have been hung. At first, pickpockets, then sheep and horse-stealers, forgers and others, who had previously only escaped the gallows in rare instances, when they could find some influential friend to take sufficient interest in them to plead their cause, were now transported as a matter of course. This process continued until transportation ceased, and as the last batch of prisoners sent out was presumably the worst, having been guilty of more heinous crimes than their predecessors, we are too apt to judge the earlier convicts harshly from our knowledge of the later ones. The general effect was that while, with the amelioration of the laws, crime steadily decreased in England, it just as steadily increased in Australia, and no doubt the worst criminals were transported to Van Diemen's Land after transportation had ceased to New South Wales in 1842. The laws of England previously to the great changes made during the past sixty years seem to me to have operated, whether designedly or not, to clear the country of the disaffected and the discontented, rather than the criminal. How far the introduction of large numbers of this class into the country may have paved the way for modern advances in liberal government in Australia, is a question which it might be profitable to study; but it only relates to the bushrangers so far as it enables us to account for the large number of men who took to the bush.

The earlier bushrangers seem to have been idle and dissolute, rather than criminal, characters. They watched for an opportunity to escape into a patch of scrub whenever the eye of the sentry in charge of them was turned away, and the nature of the country was so favourable to this method of evasion that it constituted a continuous challenge to them to run away, and, almost incredible as it may appear now, numbers of men started northward or westward in hopes of reaching the Dutch or English settlements at Batavia, Singapore, Hong Kong, or some other place in that direction. It must be remembered that the majority of the working classes at the beginning of the century could not read and had no knowledge of geography. They had heard sailors speak of these settlements and had no idea that hundreds of miles of sea flowed between them and Australia. How many of these poor ignorant men lost their lives in the attempt to achieve the impossible cannot be said, but some terrible stories of cannibalism have been related in connection with this phase of bushranging. The majority of the runaways, however, had no such definite ideas as these, erroneous as they may have been. They hoped to be able to live in freedom in the bush and to subsist on fruits, roots, or other native growths. Some few joined a tribe of blacks and stayed longer or shorter times with them; others simply wandered about until hunger drove them back; while very many remained at large until they were captured, and these lived by stealing from farmers and other settlers any articles which could be eaten or sold. When one of these early bushrangers grew tired of his freedom he gave himself up at the nearest police station and received fifty lashes. The penalty for a second offence was twelve months in a chain gang.

There was no adequate system of classifying the convicts. It was the custom in advertising runaways to give the name of the man and that of the ship in which he was transported. Then followed the personal description, and that was all. It was admitted to be inconvenient, but no attempt appears to have been made to improve it. Besides this, for administration purposes, convicts were divided into three classes according to their sentences. Thus there were men who had been transported for seven years, for fourteen years, or for life. They were also classified as young, middle-aged, and old, and usually the crime for which they had been transported was specified, but such a description gave no indication of the character of the man. Finally they were divided into town thieves, rural labourers, and gentlemen. This was a step in the right direction, but it was too vague to be of much use. The educated convicts were all classified as gentlemen whether they came from the towns or the rural districts. [1] It is worthy of note that the proportion of skilled labourers, or tradesmen as they are called, was very small. Very few men who had been apprenticed to a trade were among the convicts sent to Australia at any time.

There were no regulations as to hours of work, and the severe taskmaster might work his assigned servants as many hours as he pleased. It was generally understood that Sunday was to be a holiday, or day of rest, but excuses were readily found for making the convicts work on this day, and this was a fruitful source of discontent. Very frequently men absconded on Saturday night, remained in the bush on Sunday, and returned on Monday to take the customary fifty lashes and resume work.

If flogging is efficacious in preventing crime, it should have made the convict colonies the most virtuous places on earth, for the cat was in almost continuous use in New South Wales and in Van Diemen's Land. The cat generally used was the ordinary military or naval cat; but the cat used at Macquarie Harbour was a larger and heavier instrument than that used generally for the punishment of soldiers or sailors. It was called the thief's cat, or double cat-o'-nine-tails. It had only the usual number of tails, but each of these was a double twist of whipcord, and each tail had nine knots. It was a very formidable instrument indeed. [2] How far the influence of this barbarous instrument of torture tended to make the prisoners at Macquarie Harbour the most reckless and ferocious of the convicts of Australia it is unnecessary to enquire, but there can be no doubt that its influence was for evil and not for good. It is with the ordinary cat, with which England in these barbarous times flogged her defenders as ferociously as she did her prisoners, that we have to deal; and, frightful as the tortures were which were inflicted on the convicts, we have positive evidence that their lot was looked upon with envy by the soldiers who guarded them. Several soldiers in New South Wales deliberately committed crime so that they might be convicted, in the hope that, by good conduct, they might earn some of the indulgences open to convicts. The fact is that any prisoner who contrived, by obsequiousness or in any other way, to make friends with an official, had his way made easy for him, while the independent, whether industrious or not, were ruthlessly persecuted until, in many cases, they were finally forced to the gallows.

The prisoners of all classes in Government are fed with the coarsest food; governed with the most rigid discipline; subjected to the stern, and frequently capricious and tyrannical will of an overseer; for the slightest offence (sometimes for none at all—the victim of false accusation) brought before a magistrate, whom the Government has armed with the tremendous powers of a summary jurisdiction, and either flogged, or sentenced to solitary confinement, or retransported to an iron gang, where he must work in heavy irons, or to a penal settlement, where he will be ruled with a rod of iron. If assigned to a private individual he becomes a creature of chance. He may fall into the hands of a kind indulgent master, who will reward his fidelity with suitable acknowledgments; but, in ninety-nine cases out of a hundred, he will find his employer suspicious, or whimsical, or a blockhead, not knowing good conduct from bad, or a despot, who treats him like a slave, cursing and abusing, and getting him flogged for no reasonable cause. He may be harassed to the very death—he may be worked like a horse, and fed like a chameleon. The master, though not invested by law with uncontrolled power, has yet great authority, which may be abused in a thousand ways precluding redress. Even his legal power is sufficiently formidable. A single act of disobedience is a sufficient ground of complaint before the magistrate, and is always severely dealt with. But, besides the master's power, the prisoners are in some measure under a dominion to the free population at large; any man can give him in charge without ceremony. If seen drunk, if seen tippling in the public-house, if met after hours in the street, if unable to pay his trifling debt, if impertinent—the free man has nothing more to do than to send him to the watch-house, and get him punished. The poor prisoner is at the mercy of all men. [3] This appears to be a fair and unexaggerated statement of the conditions, and therefore it is little cause for wonder that the general tone of morality in the colony was low. Mr. J.T. Bigge says that every opportunity was seized for cheating. When the convicts attended at the store to draw their weekly rations, supplies were frequently drawn for men not at work there. False lists of men employed in the various gangs were made out. [4] In fact, the Government of the Colony was a military despotism under which corruption was rampant, so that the authorities themselves set an example of immorality which the convicts were not slow to follow. The police made a considerable revenue by blackmailing convicts who were in business. [5] Those who could pay were allowed to continue to enjoy a freedom to which they were not legally entitled, while those who would not, or could not, be blackmailed, to satisfy the exorbitant demands of the so-called custodians of the peace, speedily got into trouble, and were prosecuted. It was said that if a man could escape from a country district and go to Sydney he might, if he could afford to dress well, pass as a free man without attracting attention. A blacksmith named Brady, assigned to Major James Mudie, of Castle Forbes, eluded the police in this way for nearly two years. He was recognised by a fellow convict, some time before he was captured, but this man let him go for £5. Such cases, however, were exceptions to the general rule. The majority of runaways went into the bush and not into the town, and the Sydney and Hobart Town Gazettes in early times contain numerous proclamations by the various governors calling upon all well disposed persons to assist the military in capturing runaways. Some of the issues of these Gazettes contain columns of the names and descriptions of persons variously styled absconders, absentees, bolters, or bushrangers. In these the term bushranger appears most frequently in New South Wales, while bolter was the more popular in Van Diemen's Land. The first bushrangers, therefore, were men who took to the bush to escape work, and therefore it was quite possible for a man to be a bushranger without committing any depredations on his more prosperous fellows.

But laziness was not the sole cause of bushranging in early times. A more powerful impulse perhaps was discontent, love of change. One of the most common indications of the misery of convicts under existing circumstances is a passionate desire for change of place; and when serving considerate masters they are sometimes indulged in this by being transferred (though always as a sort of punishment) to their disadvantage. In other cases, however, the desire becomes so strong that they will steal, or commit some equal offence, expressly to be condemned to a road gang or penal settlement. [6] In fact the monotony of their lives became insupportable, even in those cases where they were not cruelly treated. Captain Maconochie cites cases of men who have so acted within a few months of their being entitled to a ticket-of-leave, and who have thus forfeited their chances of freedom in the near future. In some cases this was due to the inhuman treatment of the master. In one case a valuable servant—a blacksmith—whose time had nearly expired, was goaded into running away so that he might be condemned to a further term of service before obtaining his ticket-of-leave, and this was not an isolated case.

Generally, said Dr. J.D. Lang, the condition of the assigned servant in New South Wales is superior to that of the farm labourer of England. He is better clothed, better fed, and as comfortably lodged. He is under personal restraint, not being allowed to leave his master's property without a pass, but he has many comforts and means of amusement which render his situation by no means irksome or severe. [7] But it was just this restraint which the persons with whom we are now dealing found intolerable. They had not the patience, the long-suffering resignation of the English farm labourer. Many of them had been English farm labourers and had found the conditions in which they lived intolerable, and when they realised that they had not very much improved these conditions by being sent to Australia, they rebelled again. The experience furnished by the penal settlements, said Judge Forbes, has proved that transportation is capable of being carried to an extreme of suffering such as to render death desirable, and to induce many prisoners to seek it under its most appalling aspects.... I have known cases in which it appeared that men had committed crimes at Norfolk Island, for the mere purpose of being sent to Sydney to be tried, and the cause of their desiring to be so sent was to avoid the state of endurance in which they were placed in Norfolk Island. ... Several cases occurred in which men at Norfolk Island cut the heads of their fellow-prisoners with the hoe while at work, with the certainty of being detected, and the certainty of being executed. They did this without malice, and when charged said it was better to be hung than to live in such a hell. [8] Sir Richard Bourke said: Capital crimes have been committed in that penal settlement from a desperate determination to stake the chance of capital conviction and punishment in Sydney against the chances of escape which the passage might afford to the accused and to the witnesses summoned to attend the trial. [9] The early bushrangers of Australia ranged therefore from the comparatively innocent wanderer in the bush, to such desperadoes as these, while the crimes they committed varied from petty theft to burglary, bank robbery, robbery on the high road, and murder. The modern idea of a bushranger is a bold highwayman, and no doubt many of the bushrangers come up to this ideal, but the story of the bushrangers would not be complete if it took no note of the others.

The settlement on Norfolk Island was established with the view of sending all the reconvicted prisoners there. It was the penal settlement of a penal settlement. It was abandoned for a time, after the founding of a similar settlement on the banks of the Derwent river in Van Diemen's Land, but was re-established as a place of punishment in connection with that colony, and many of the most notorious of the bushrangers ended their days there, as we shall see later. It was in the convict settlements in those islands that the greatest brutalities were perpetrated on the prisoners, and Norfolk Island, Macquarie Harbour, and Port Arthur were each known as The Hell among the old hands, as the convicts were called after transportation had been abolished. It was in these settlements that the more violent and refractory of the convicts were gradually collected, and the history of these places tends to prove that brutality cannot be cured by brutal means. Flogging which was an every-day occurrence had no reformatory effect. The early bushrangers thought nothing of it. It certainly did not deter them from absconding whenever they thought fit. When an absconder tired of wandering about the bush, he returned to the settlement to take his flogging like a man. In the stories told by the old hands, the absconder or offender in some other way was represented as walking jauntily up to the triangles, throwing off his jumper, placing himself in position for tying, and then, when he had been secured, telling the flagellator to do his d—— est, and, if the descriptions of the manner in which the floggers performed their task which have come down to us are true, the punishment was a terrible one. It is said that there were two floggers in Sydney who were regarded as artists in their profession. These men performed together, the one being right-handed and the other left. They prided themselves on being able to flog a man without breaking the skin, and consequently there was no blood spilled. But the back of the flogged man is described as having been puffed up like blown veal. The swelling shook like jelly, and the effects were felt for a much longer period than when the back was cut and scored as it generally was, for we are told that the ground, in the Barrack Square in Sydney, all round where the triangles stood, was saturated with human blood, and the flogging places elsewhere must have been in the same condition. But to return. When the man had received his dose and was cast loose, he would throw his jumper across his shoulders and walk away with a grin—or with some such remarks as Well, is that all you can do?—— you! and afterwards boast that the—— couldn't get a whimper out of him. I have heard a story of a man who was flogged. The flagellator kept hitting him low down across the loins. The prisoner turned his head round once and said fiercely: Hit higher, blast you! The flogger took no notice, and the prisoner made no other sign until he was untied. Then he knocked the flogger down with his fist, and was immediately seized up for another dose.

I can assure you, from personal observation, that it is not uncommon to see a poor wretch working on the roads, or labouring in the fields, with his coarse shirt sticking to the green and tainted flesh of his lacerated back, and that, too, for the most venial offence.... I have it from unquestionable authority, that it frequently occurs in the summer season that the eggs of the blue-fly become inserted and hatched in the wounds of the punished offender, from which they are occasionally extracted by some humane companion. [10]

The blow-fly in Australia, although frequently called blue-bottle, is not blue. It deposits its young alive in the form of maggots, and great care has always to be taken to prevent sores on man or beast from being blown. It is very common for flannel shirts, which have become greasy from perspiration, to be blown on the backs of workmen, and the maggots thus deposited will attack and irritate any scratch or sore they can find if not removed quickly.

The convict, so far from having been ashamed of being flogged, boasted of it. But nothing pleased them better than the relations of stories about the flogging of freemen, as those settlers who had gone to the colonies neither as convicts nor officials were called. One story, which may or may not be true, has been told as having occurred in every convict district in Australia. It was to the effect that a master one day gave a letter to an assigned servant and told him to take it to the nearest gaol. The servant, surmising that the letter was somewhat to the following effect:—Dear Sir,—Please give the bearer fifty for absconding (or what not), and oblige, yours truly, &c., told a plausible tale to the first freeman he met and induced him to deliver the letter. The point of the story generally lay in the ingenuity with which the convict induced the freeman to deliver the letter for him, but the astonishment of the freeman when he was seized up to the triangles in spite of his struggles and protestations, and given the fifty, was a perpetual source of joy and hilarity to the convicts who heard the story. There is nothing inherently improbable in this story. It is quite probable that the incident may have occurred more than once. Although freemen were legally exempt from flogging, unless under sentence of a qualified Court, many authentic instances of freemen having been flogged have been told. Here is one. A store-keeper in Hobart Town had offended his neighbours, and one of them, in revenge, posted a written placard libelling the offender. The placard was affixed to a big gum stump at the corner of Collins and Elizabeth Streets. Just as the complainant was putting this bill on the stump the man libelled in it passed and called the attention of the Military Commandant, who was near at hand at the time, to it. A sort of informal drum-head Court Martial was held on the spot, and the libeller was found guilty and sentenced to receive three hundred lashes, which were administered at once, in spite of the protests of the victim that he was a freeman and was therefore entitled to a judicial trial. When two hundred lashes had been administered, a cry of 'Ship ho' was raised, and the last hundred was got rid of as quickly as possible, the Commandant, the flagellator, the spectators, and others all rushing away to the wharf to hear the news from Europe. [11] If the law could be thus set at defiance by a military official in the case of a free immigrant holding a good position, what chance of justice could there be for a convict? A story illustrating the reckless manner in which prisoners were flogged is told by the Launceston Advertiser. A prisoner was found guilty of absconding, and sentenced to receive fifty lashes, when some circumstances were disclosed which proved that the prisoner was innocent, but had lost his pass. 'Never mind,' said the Launceston magistrate, 'the warrant is signed, let him be punished now; I will forgive him the next time he's brought up.' The tyranny of the officials was boundless. One Government rule was that all convicts should take off their hats to officers and officials whenever they passed. In January, 1839, a party of convicts was building some steps at Woolloomooloo Bay, on Sir Maurice O'Connell's estate. Several of them were rolling a heavy stone down to be placed in position when an officer passed along and the convicts immediately rose up and took their hats off. The stone rolled quickly down the steep embankment, struck the overseer and knocked him down, almost breaking his leg. Captain O'Connell gave orders that the men should not salute anybody in future while at work. A few days later Colonel Wilson, Chief Police Magistrate of Sydney, passed, accompanied by his daughter. The convicts continued at work without noticing him. Take off your hats, cried the Colonel. Several of the men did so, but Joseph Todd, who was carrying a heavy load, took no notice. Take off your hat, you scoundrel, said the Colonel. Todd said he had been ordered not to. The Colonel shouted I'll have your back skinned for you, you rascal, called the sergeant of police who acted as guard, and gave Todd in charge. Captain O'Connell appeared to defend his man and said Colonel Wilson was trespassing and had no right to interfere with assigned servants on their master's estate. Sergeant Goodwin deposed that the path was a common one and people frequented it to get to the bathing place. Sergeant Mather said that Todd had struggled when arrested. The Bench held that Todd being an assigned servant had been guilty of disorderly conduct in resisting the police. Had he been a freeman he would have been justified in resisting arrest without a warrant; but, being a prisoner, his conduct had been highly disorderly, and he was, therefore, sentenced to receive fifty lashes. A week later Todd was again arrested for being out after hours, and was sentenced to receive thirty lashes. The paper in reporting this charged Colonel Wilson with tyrannical conduct, and says that he went to see Todd flogged. [12]

I am not relating the worst cases in order to make out a case for the bushrangers, but simply facts to illustrate the life in the colonies at the time, and thus account for the large number of men who took to the bush, and the special Acts passed to prevent this breach of the law were as tyrannical as the acts of the officials or the masters which went so far to create it. The Bushranging Act (11 George IV., No. 10) authorised the military or civil police to arrest any person on the mere suspicion that he or she was illegally at large, and the onus of proof was thrown on the suspected party. This Act was a fruitful source of complaint. No one was safe except well known officials, and it is said that the Act was extensively used for purposes of extortion and black mail. A young woman was arrested by an ex-constable and charged with being illegally at large. It was in vain that she protested that she was free and did not require a pass. He insisted on taking her to the lock-up. Fortunately, while walking along the street she met some one who knew her and who threatened the ex-policeman with prosecution if he did not release her. The fellow did so and was not prosecuted. Probably had an enquiry been held it would have been found that he was acting in collusion with the police. Even the officials were not always safe. Mr. Jacques, the Government auctioneer, had been to a dinner party. Being near the Custom House he decided to walk to the wharf from whence the steamer, which ran to Balmain, started and go home in her. Not having walked to the wharf from that point before, he found it necessary to apply to a constable for information as to which turning he should take, and was immediately arrested as a convict illegally at large. In spite of his protests he was conveyed to the nearest police station. The sergeant in charge refused to believe his story, and thought that the presence of a well-dressed man in that quarter was suspicious. Mr. Jacques was therefore detained till morning, when he was recognised by the magistrate and discharged. In 1834 a circular letter was addressed by the Governor to the various police-magistrates in New South Wales, enquiring whether, in their opinion, the Act should be reaffirmed or not, and the replies were by a large majority in favour of its being continued, while others merely suggested that it might be amended in various ways to prevent the abuses which had grown up under its operation. Judge Burton was almost alone in his condemnation of the Bushranging Act, which, he said, was repugnant to the laws of England. England and the United States of America, he said, are the only two countries in the world where passports are not compulsory, and he deprecated the introduction of the passport system into Australia. It was held that the conditions existing in the colony made such an act necessary, and it was therefore re-enacted without amendment. [13] It is worthy of note, as illustrating Colonial Office procedure of that day, that it