When the Governor did uphold the sentence of the Court, Bent frequently found that punishments were "frittered away and rendered nugatory in the execution".[1] This was one of the reasons why Bent resented the Governor's personal supervision of the gaols.[2]
Until 1815 the matter had not been brought before the Colonial Office. In so far as the Governor abused his power and weakened the punitive effects of the Criminal Law, it was illustrative of a defect inherent in small communities under any form of personal government. The population was small enough for the Governor to feel that he knew something of each man in it—it was large enough for him to be constantly misled by that belief.
In his treatment of the transported convicts this feeling of omniscience again led him astray. Colonial custom and the instructions to early Governors had long settled the three methods by which their sentences might be mitigated. The first of these was by the grant of a ticket-of-leave, which exempted a convict from labour for the Government or as an assigned servant, and allowed him to work for himself. The Government ceased to clothe or feed him, but he remained under the surveillance of the superintendent of convicts and was legally still a prisoner. The ticket-of-leave was granted during pleasure only, and might be recalled if its holder were guilty of misconduct, or if his labour were needed for the public works.[3]The "emancipation" or conditional pardon was the next grade. This gave a convict complete freedom within the territory, but within the territory only. Finally there was the "free" or absolute pardon which restored him to complete freedom within or without the Colony.[4]
In the first years of his rule Macquarie granted few remissions and those with great circumspection.[5] His predecessors had been less discriminating.[6] The Committee on Transportation in 1812 decided that the power exercised by the Governor was
- ↑ Bent to Bathurst, 1st July, 1815. R.O., MS. Of course the Governor could not increase a punishment.
- ↑ Bent to Bathurst. Above.
- ↑ D. 2, 28th June, 1813. R.O., MS.
- ↑ Same. These remissions of sentence, etc., apply to male and female convicts alike.
- ↑ Bathurst to Macquarie, D. 13, 23rd November, 1812. R.O., MS.
- ↑ e.g., King and Crosley. See above.
