18 Jan y 1803 + (8 Art 1

N o 12. ib. p. 19. September 1797. "As the Masters

were " seldom refused permission to ship such as

were free" .. From this passage it follows that at this time likewise

though these were but few instances, yet there were some

in which such permission was

refused.

N o 13 ib. p. 45. August 1797.

Sailed the Britannia and the Ganges "The Commander "of the

latter was permitted to take on board

several Convicts "that had become free."

N o 14. p. 125. September 1798. Sailed the Barwell for

China. The Commander was allowed to on board

about 50 "persons who had completed their period of transportation."

N o 15. p. 57. October 1797. "Decreasing daily as did

the "number of working men in the employ of government, yet"

[at this time it is stated that "the Governor could not refuse granting certificates to

such "convicts as had served their respective terms of transportation;

"and no less than 128 men were at this time certified

"by him to be free. Most of these people had no "other view in

obtaining this certificate than the enabling

"them when an opportunity offered to quit the

settlement, in "following their own pursuits untill

that time should arrive." Could not refuse?

— why so? We had without any difficulty refused on the former

occasions, mentioned N os 1,3,4,5,7,10 what was

there to prevent him now? From it should seem that by this time

some legal some scruples had arisen in some breast or other

either in the Colony or at home: and from thence it was, in

the first place that the grant of the certificate was

at or about the expiration of each man's term regarded

as in some measure obligatory; in the next place that the effect of

such certificate when obtained was to confer on the individual

the liberty of departure; a prima facie liberty at any rate,

though

probably subject at all times to revocation by special

order. at any time.

N o 16. p. 298. August 1800. " Several certificates were "granted this month,

to persons who had served their terms of transportation."
Similar Items
  • Title: [18 Jan y 1803 + (6 N o 7. p.268.]
    Description: 18 Jan y 1803 + (6

    N o 7. p.268. 19 th

    February 1792. Intention executed. On this day

    sailed for Canton, the Bellona. Into this ship had been received six

    persons from the Settlement: two of them, Expirees, by permission; two others, Expirees

    also, but without permission: the remaining two,

    Non-Expirees. The four latter

    it is stated that they had been "secreted": also

    that they were "discovered"; "the ship "being ."

    Thus they were accordingly re-landed at least, if not otherwise punished,

    may be pretty safely

    concluded, though not expressly mentioned.

    Of the two Non-expirees

    it is stated, that "they had "not yet served the full period of their sentences. From this it

    seems not unreasonable to conclude that they would have their

    full period would have arrived, before their arrival in Great Britain. If

    so

    neither then by their arrival, as with

    is

    any more than by their departure would have been

    thing

    they gone beyond the exercise of their (restored rights.

    N o 9. p.268 15 February . 1793. At

    this time the expectation "about the clause." . . in the Charter

    "party, for preventing Shipmasters from receiving any "person. . .

    from the Colony without the express consent "and order of the Governor,"

    was found to be realized. The Bellona came provided with this Clause. She

    had sailed from England on the 8 th of August

    1792.

    N o 9 p. 283. 24 th April 1793. Intention executed a second

    time.

    Sailed the Shah Hormurias and Chesterfield. But few

    Convicts [Expirees] were " allowed to quit the

    Colony in these ships. [the] The ships were two. On

    a subsequent occasion in November 1794, the number received on

    board

    the same number of ships (the Endeavour and the

    Fancy) had been near a hundred: whereof by

    permission, 50; without permission near 50 more. ib., p. 398.
  • Title: [18 Jan y 1803 + (7 N o 10. p. 316]
    Description: 18 Jan y 1803 + (7

    N o 10. p. 316. 2 dOctober

    1793. Intention executed a third time.—

    Sailed the Boddington and Sugarcane for Bengal: "From the Sugarcane

    "were brought up this day ... two " Expirees: "they had

    "got on board without permission. "... Punished with 90 "lashes each, and

    sent up to Toongabbe."

    In M r Collins 2 Volumes

    In the continuation of the history, in express statements of

    detention

    . have been met with

    . The historian not being at

    this time present in the Colony, the

    precision exhibited in the former volume no longer presents itself in

    the same degree. During this latter period, [+]

    [+] the conception which it seems to be the object to present to view, is

    rather that of the removal of the restraint than the continuation of it.

    It is not however the less perceptible, that

    even at this time it was restraint that

    constituted the general rub, and that whatever

    instances of the exercise of the opposite liberty took place,

    were the result of so many special

    permissions, and constituted but so many exceptions to the rule.

    the object seen impression that seems intended to be conveyed,

    is that of the non-existence of removal of all restraints

    any bar on the liberty of departure, in the case of Expirees. Grant

    this It appears however notwithstanding, that the existence of this

    liberty was by no means restraint was still the general rule, and

    that liberty, though frequently granted took place not without

    special permission, not any other-wise than as an exemption to the

    general rule.

    N o

    11.

    II p.11 6 th December 1796.

    "Although they every day saw that this obstacle was thrown

    in the way of the "Convict who had got through the

    period of his transportation "with credit and a good character,

    but that he was suffered to depart with the marks of any ship who would

    receive "him, and a certificate given to him of his being a free man,

    yet & By this it appears as plainly that

    among Expirees themselves some were detained as well as others

    there were some, to whom

    the liberty of departure was refused, as it

    does that there were others to whom it was granted.
  • Title: [18 Jan y 1803 + (4 N o 3. p. 159.]
    Description: 18 Jan y 1803 + (4

    N o 3. p. 159. April 1791. Information given by the

    Governor to the Convicts "that none would be permitted to "quit the

    Colony who had wives and children incapable "of maintaining themselves and

    likely to become burthensome

    "to the settlement, until they had found sufficient "security for the maintenance of such wives or

    children " as long as they might continue after them.

    " Considering the latitude of the discretion assumed by some of these

    terms, this notice may be considered as a pretty effectual embargo upon the

    whole married part of the community of Expirees.

    N o 4 p. 169. July 1792. Information given by the

    Governor to the Expirees that those who wished not

    to become Settlers in New South Wales were .." to work there for twelve or eighteen months

    certain, and that afterwards " no

    obstacles "would be thrown in the way of their return to England:" but

    that as to assistance", for any such purpose

    nobody was to expect it.

    N o 5. p. 190. 3 d December

    1791. Sailed the Active and Albermarle for India. After their departures,

    Expirees were missing. "Previous to thus sailing the Governor was

    aware "of an intention on the part of the Seamen to facilitate such

    "their departure. He therefore instructed the Master, to "deliver any

    persons whom he might discover to be on "board without

    permission to quit the Colony, as prisoners "to the Commanding

    Officer of the first British Settlement "they should touch at in India."

    N o 6. p.208. April 1792 Expirees were by this

    time, it is said became "numerous". To 14 of them, "the choice "of

    the place where they (those freemen) "were to labour" (i.e. to be

    forced to labour) is stated as "an indulgence."