Amongst those who fulfilled the requirement of residence many received pardons who were of known bad character.[1] On the other hand, several men who had been steady and industrious were retained in Government service because they had a knowledge of some trade useful in carrying out the Government works.[2] This created a feeling of indignation which need never have arisen, had not Macquarie's own order given the appearance of a right to what was only an indulgence.
The effects of the Governor's laxity was much increased by the carelessness of the magistrates who signed petitions without ascertaining that the prisoner had resided for the full number of years required.[3] Their lack of zeal in these duties was not to be wondered at. Throughout the year Macquarie was in the habit of granting pardons without consulting them,[4] and without requiring compliance to the forms of his regulations. But occasionally he rebuked them publicly for their use of what was after all a discretionary power in a manner which roused hot indignation.[5] Thus in 1814, he said in a General Order that he had been "forced to reject a number of applications … which, although they bore the signatures of the magistrates, were in many instances (within His Excellency's own knowledge) not entitled to the consideration they solicited ".[6]
The second important breach of his regulations was the result of the irregular manner in which he granted indulgences from time to time on mere personal application.[7] When a convict became a freed man he might receive a grant of land, tools, stock and rations for one year, and thus become for the time being a heavier charge than before on the revenue. It was thus desirable to increase as little as possible the number of pardons for each year. Macquarie adopted a most remarkable system for achieving this object. In December, 1813, he
- ↑ See Bigge's Report, I. Also MS. Evidence in Appendix, passim.
- ↑ Bigge's Report, I.
- ↑ Ibid.
- ↑ Ibid. The number of pardons varies little from year to year, but in some years Macquarie refused to receive any memorials at all at the fixed time, having granted all the pardons he intended to already. See later.
- ↑ Bent to Bathurst, 1st July, 1815. R.O., MS.
- ↑ G.G.O., 10th December, 1815.
- ↑ In 1819 he granted seventy-two pardons during the year and nearly 200 at the regular presentation. See Returns in Appendix to Bigge's Reports. R.O., MS.
