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Convicts & Colonials: Law & Order
There was dissatisfaction in August 1846 because the magistrates did not come to hold Courts of Petty Sessions. There were some who were Commissioners of the Peace (Justices of Peace), who could officiate; but they were "only pleased with the distinction" and were not "servants of the public." Those charged with petty offences were obliged, "at great expense," to go to Brisbane for the complaints against them.
The appointment of an additional policeman was considered to be necessary because of the numbers of "government men" employed at the "Government Agricultural Establishment," who required "to be sharply looked after."
The colonial secretary in Sydney, appointed William Mactaggart Dorsey to be magistrate of, Ipswich on September 30, 1846. On the same date Henry McCrohan was appointed to be the first inspector of slaughter houses and of cattle to be slaughtered in the township of Ipswich and its vicinity.
On January 5, 1847, Sidney Smith was appointed to be clerk of petty sessions at Ipswich. The cases in the Police Court in the early days were very trivial compared with today's ideas. On April 14, 1847, Thomas Moore was fined 20/- for allowing the lamp on his Caledonian Hotel to remain extinguished. It had been damaged in a prank. George Furber of the Golden Fleece Inn, was dismissed on two similar charges. The same court renewed publican's licences to Thomas Moore (Caledonian), George Thorn (Queen's Arms), Michael Sheehan (transferred from St. Patrick's Inn to the Golden Fleece Hotel), Martin Byrne (Harp of Erin, a new licence) and Samuel Goode and Peter Nichol obtained a confectioner's licence. [1]
The first Police Magistrate in Ipswich was Colonel Charles George Gray who was a military veteran who served at Waterloo and in the Peninsula Campaign. Other Police Magistrates for the Ipswich area were Messrs. A. W. Manning, P. P. Macarthur, Captain W. Townley, W. H. Yaldwyn, H.T. Macfarlane, and C.A.M. Morris. [2]
On 6 June 1857 Charles Tiffin arrived in Brisbane to be the new Clerk of Works for the New South Wales Colonial Architect’s Department. Within two weeks Tiffin was instructed to design a new Ipswich Court House and the resulting stone and brick neoclassical building became the prototype for many of the courthouses built in the colony during the rest of the century. The Ipswich Court House was completed in 1859 and in the early years the building was used for public meetings as well as a court house. The original building consisted of the central sandstone courtroom with a vestibule at the front, flanked by two brick wings.
The 1829 Convict Regulations
This letter from Governor Darling to Sir George Murray describes the reasons for some of the harsh regulations.
Government House, 13th August, 1829
Sir
It having appeared desirable to place the conduct of the penal settlements on a more determinate footing than has hitherto been the case, I appointed a Board to revise the Report of the Commissioners sent to Port Macquarie last year, to which I adverted in my Despatch dated the 12th of December last NO 137, and gave instructions for their preparing a Code of regulations in order that the different Settlements might be conducted on one and the same principle.
The Circumstances of Individuals being allowed to keep and rear Stock and cultivate Ground must have interfered with the discipline necessary to the proper conduct of a Penal Settlement.
It has therefore appeared essential to discontinue an indulgence, which was pregnant with so much evil, and it consequently became necessary to furnish the Persons employed with Ordinary Supplies from the Government Stores, paying a Reasonable Sum for the same.
Precise regulations have also been laid down respecting the employment of the Convicts which may not in all cases have been judiciously directed or turned to the best account. When the Convicts become numerous, as they formerly were at Port Macquarie and are now at Moreton Bay, it was difficult to find suitable employment for them. It has consequently been directed that the Spade and Hoe shall be substituted for the Plough, which, independent of other advantages, will greatly diminish the demand for Horses and Oxen, and be the means of keeping the Convicts constantly and usefully employed.
The abuse, to which the employment of the Convict Mechanics and others, during their own time as it was termed, by Individuals stationed at the Settlements, might have led, appeared to render it desirable to put a stop to this practice, and which could only effectually be done by reforming the System generally. The Prisoners can now have no inducement to pilfer, and all trafficking, the bane of strict discipline, will be completely put to an end.
I shall not trespass on your time by entering further into the details of the present arrangement, as I could only repeat what you will find clearly laid down in the Regulations, a copy of which I do myself the honour to transmit for your consideration, as also the Report of the Board.
I beg to add that the regulations have been carefully revised and Modified in Council after the most mature Consideration of the different bearings of the various points which they embrace.
Ralph Darling
Regulations for Penal Settlements
New South Wales, 1st July, 1829
Section No. 1 - General Regulation
1st. As an aversion to honest Industry and Labour has been the Chief Cause of most of the Convicts incurring the penalties of the Law, they shall be employed at some species of Labour of an uniform kind which they cannot evade, and by which they will have an opportunity of becoming habituated to regular employment.
2nd. With this view, all Labour of a complex nature, the quantity of which cannot be easily determined, is to be studiously avoided, and the Convicts are to be employed exclusively in Agricultural operations, when the Public Buildings or other Works of the Settlement do not absolutely require their Labour.
3rd. In these operations, the use of the Hoe and Spade shall be as much as possible adopted, and where the Number of Men who can be employed in Agriculture is sufficient to raise Food for the Settlement with these Implements, the use of the Plough shall be given up and no Working Cattle are to be employed in operations, which can be effected by Men and Hand Carts.
4th. The principal of dividing the Workmen at regular distances from each other as established for Field Labour is also to be adopted, whenever it is found applicable; and, with the view of affording a more complete and effective superintendence, the different Gangs are as much as possible to be employed in one place.
5th. All the Land fit for Cultivation in the immediate Neighbourhood of the Settlement is to be first brought into use and to be cultivated in preference to Land though of a better quality, which is less immediately under the eye of the Commandant.
6th. The Commandant will, at uncertain days and Hours, cause the Working Gangs to be mustered in his presence at the spot where they are at work, and ascertain that they are employed as entered in the Returns of Labour.
7th. No sugar or Tobacco or other Article, which might be used by the Convicts as a Luxury, and which might offer an inducement to plunder, is to be cultivated at Penal Settlements.
8th. The principal Articles to be Cultivated are Wheat and Maize, and these Articles are to be raised to such an extent, as to allow of exportation, if necessary. As the Plantations extend however, the Cultivation of Cotton, Hemp and Flax, or any other useful product, which may suit the Climate, may be introduced.
9th. When it becomes necessary to employ Mechanics or Tradesmen in their respective Callings, such Arrangements shall be made (by Appointing as many as possible to the Work) as will insure their strict Superintendence, and a speedy return to the employment of Common Labourers.
10th. The Commandant will be authorised to undertake any necessary Repairs, immediately reporting the particular and the expenditure of Stores in Completing the same; but, for the Erection of any Building, etc., the sanction of His Excellency the Governor to the Plan and Estimate must be previously obtained.
11th. In order, that the Convicts may be derived of all opportunities of procuring Sprits or any Luxury or Article beyond the Government Allowance, and with the view the more effectually to prevent their escape, it becomes necessary to establish the strictest Regulations with regard to Shipping.
12th. A General Invoice of all Articles Shipped at Sydney for the Penal Settlements, whether on Account of Government or for the use of Private Individuals, shall be forwarded to the Commandant.
13th. Immediately on the arrival of a Vessel, the Master shall report himself to the Commandant, under whose immediate orders he is to consider himself, while his Vessel remains at the Settlement, and deliver into his hand the Sailing Orders, which he received from the Master Attendant at Sydney, upon which the Commandant should note the date of his arrival.
14th. No Passenger, Baggage or Goods of any description shall be landed without the express orders of the Commandant.
15th. A Military Guard shall be immediately mounted on board every Vessel that arrives, in order to prevent any articles being smuggled on Shore; The Guard to be relieved every twelve Hours.
16th. Every Package, which is landed, of private as well as of public Property shall be examined in the presence of the Officer in Charge of the Commissariat Department, who will be held responsible for the correct performance of this Duty. He will immediately seize and detain any Article he may find, which is not included in the Commandant's Invoice, reporting the same.
17th. When a Vessel has discharged her Cargo, the Commandant will make a point of seeing that the Master loses no time in reloading and proceeding according to the object of h is Voyage.
18th. The Cargo is to be discharged and the Vessel reloaded by the Crew, and not by the Convicts, excepting in Cases and under circumstances where their assistance is absolutely necessary; and all Communication between the Crews and the Convicts is to be restrained; The Crews are not to be allowed to be on Shore after sunset.
19th. The Boats of the Settlement are to be Chained and locked and hauled up every Evening, and the Oars and Sails taken out and deposited in the Guard House.
20th. The Commandant shall forward to the Colonial Secretary, a List of the persons, Cargo, and other Articles embarked, whether on Account of Government or the Property of Private Individuals.
21st. When a Vessel has received the whole of her Cargo, the Commandant shall see that the Master proceeds to Sea without delay, and Note the date of his giving orders to this effect in the Master's original sailing orders, which must then be returned to him.
22nd. The Commandant will report to the Colonial Secretary any unnecessary delay, which may take place in the Sailing of a Vessel, and any irregularity or neglect of orders which may come under his observation.
23rd. No private or strange Vessel shall be allowed to come to an Anchor at a Penal Settlement except in cases of distress or necessity, in which case they shall receive a Military Guard on board during their stay in the same manner as the Government Vessels; and no Spirits nor any other Article whatever shall be allowed to be landed from them.
24th. A Monthly Medical Inspection is to be made of the whole of the Convicts on the Settlement by the Medical Officer in Charge, who will make a Report to the Commandant of their General State of health.
25th. Divine Service will be performed twice every Sunday; when the whole of the Officers and of the Troops and Convicts on the Settlement, who can be spared from immediate duty, will be required to attend. In the event of the absence of the Clergyman, the Service will be performed by the Commandant or other person appointed by him.
References (online)Ipswich Heritage Education Kit - Unit 2 Convicts and Early SettlementTraditional law and Indigenous Resistance at Moreton Bay 1842-1855 by Libby ConnorsThe convict days of Brisbane, State Library of Queensland website[1] Ipswich Municipal Centenary[2] Jubilee History of Ipswich: A Record of Municipal, Industrial and Social ProgressLimestone, The Moreton Bay Courier, Sat 8 Aug 1846, p2Petty Sessions 1837, The Moreton Bay Courier, Sat 19 Oct 1850 p2Charge of Insubordination, The Moreton Bay Courier, Sat 29 Apr 1848, p2Ipswich Court House, 1858New Court House, 1858






