THE ADMINISTRATIVE PROBLEM. 71 



Governor nor magistrates had power to extend the servitude 

 of the convicts by keeping them at Newcastle beyond the term 

 of their original sentences. Often the only evidence before 

 the Commandant of the length of a sentence was the assertion 

 of the men themselves, and rather than incur the responsibility 

 of false imprisonment he had to permit prisoners to return to 

 Sydney. 1 



In all districts of New South Wales, by means of the reports 

 of gaolers and superintendents which were made directly to 

 him, the Governor for all practical purposes exercised a com- 

 plete and important supervision over the punishment of prisoners 

 by order of the magistrates. The whole management of the 

 gaol-gangs was in his hands. In 1810 that at the Sydney gaol 

 had been the only one, but in 1814 he established gangs at 

 Parramatta and at Windsor and Liverpool, the two towns 

 in the Hawkesbury district. 2 At the same time he limited the 

 numbers in each, a restriction which owing to the smallness of 

 the gaols and the growing population was difficult to maintain. 

 It also made it impossible for the magistrates to carry out his 

 Order in the spirit he wished. For Macquarie's chief object in 

 forming the gaol-gangs was to lessen the necessity of resort to 

 corporal punishment. But when there was no room in the 

 gaols and the gangs were filled, the magistrates could enforce 

 no other punishment. 3 



Macquarie was always inclined to clemency, 4 and in his 

 management of the gaol-gangs Bent considered that he was 

 far too indulgent. 5 The intention was that the men of the 

 gang should work sometimes in chains, always wearing a " parti- 

 coloured " dress, and be closely confined in the gaol at night. 

 Their hours of work also were longer than those of other 

 convicts in Government employ. " At present," wrote Bent in 

 1815, "the gaol-gang, in common with everything else, 6 is under 



1 Bigge's Report, I. See also Evidence in Appendix, R.O., MS. Of course 

 the Criminal Court could impose sentences of transportation according to Eng- 

 lish law. 



2 G.G.O., loth September, 1814. 



3 Ibid. See Bigge's Report, II. and Evidence, especially of Parramatta 

 magistrates, in Appendix to his Reports. R.O., MS. 



4 See opinions of both Wylde and Bent. These judicial officers found 

 Macquarie too ready to pardon. 



5 See Bent to Bathurst, ist July, 181=. R.O., MS. 



6 i.e., connected with the gaols and convicts. 



