THE ADMINISTRATIVE PROBLEM. 61 



When the Governor did uphold the sentence of the Court, Bent 

 frequently found that punishments were " frittered away and 

 rendered nugatory in the execution ". l 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 Govern- 

 ment 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 plea- 

 sure 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 ab- 

 solute 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 



1 Bent to Bathurst, ist July, 1815. R.O., MS. Of course the Governor 

 could not increase a punishment. 



2 Bent to Bathurst. Above. 3 D. 2, 28th June, 1813. R.O., MS. 



4 Same. These remissions of sentence, etc., apply to male and female con- 

 victs alike. 



8 Bathurst to Macquarie, D. 13, 23rd November, 1812. R.O., MS. 

 6 e.g., King and Crosley. See above. 



