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From: "Ray Edmunds" <>
Subject: Re: [AUS-Tas] VDL convicts returning to UK
Date: Thu, 5 Feb 2004 14:07:37 +1000
References: <004b01c3e8bc$4715e9e0$9487fea9@acerpower>


Hi Judy,
Thanks for your email. Well done! What was the date of Registers of
Conditional Pardons CON 56?
This confirms what I've read and my views that the UK government from about
1830 refused to allow ex convicts to return to the UK. I have the feeling
that countries excluded were the other colonies and of course the UK.
Presumably they could go to the USA -poetic justice maybe? The Governors
latitude was greatly limited by Bathurst and Stanley. I find it annoying
that I can't lay my hands on the communication from Bathurst which clearly
stated that the government would not accept the return of former convicts.
Several books in my small personal library deal with this matter but without
reference notes. Convicts and Colonial Society 1788 - 1868 edited by Evans
and Nicholls ISBN 0 333 38111 4 which has some excellent
introductions/summaries to each chapter. Chapter 3 item 46 is of interest.
Also Convicts and the Colonies by A.G.L Shaw Chapters 9 & 10 which have a
bearing on this subject, in particular page 229 para beginning 'As in all
'open prisons.......' The Fatal Shore by Robert Hughes page 307 last para.
'The second was a conditional pardon which gave the transported person
citizenship within the colony but no right to return to England' and this is
in the context of the early 1830s, unfortunately he gives no reference. What
ever one thinks of Hughes work, it does confirm that only those with
Absolute Pardons could return.
It seems fairly clear that a policy of issuing ToLs and Conditional Pardons
was a device for enforcing the no return rule. It would have been attractive
to convicts to attain the benefits of these 'indulgences' as a means of
gaining greater freedom, good behaviour being a prerequisite, which was
their purpose. I haven't come across any statistics which analyse the
percentages of those who became free by servitude from 1830 to about 1840
compared to those receiving the indulgences.
I think having established the legal/political situation, and we agree that
there were exceptions, especially where some meritorious deed found a reward
although whether this extended to the benefits of a full pardon is probably
open to question. We also agree that there were opportunities for former
convicts to return, but the important point is that this was illegal and
subject to punishment -if caught.
With regard to the Probation System the best work I've encountered is 'The
Convict Probation System: Van Diemen's Land. 1839 - 1854' by Ian Brand 1990.
ISBN 0 908528 20 5. This system was ill conceived and ill executed. In many
ways it was more harmful and brutal than previous systems.
I'll have a look at the guide as soon as I can. We are away for a month from
February 16 and thus have much to do beforehand.



-- Original Message -----
From: "J Hollingsworth" <>
To: <>
Sent: Sunday, February 01, 2004 10:09 PM
Subject: [AUS-Tas] VDL convicts returning to UK


> Hello, Ray and Listers
>
> Since I sent the previous email about convicts and pardons etc, I've been
rummaging through the 'Guide to the Records of the Convict Department' (this
is accessible from the AOT website, in Adobe Reader format) and found the
following, on p.35:
>
>
> REGISTERS OF CONDITIONAL PARDONS ISSUED CON 56
>
> 'Pardons were made conditional on the individual's being prevented from
living in certain countries; the condition varied from validity only in the
Australian colonies to validity everywhere except the United Kingdom.'
>
>
> It's worth skimming through the entire Guide - lots of interesting
details.
>
> I also found this explanation of the probation system, which replaced the
assignment system in 1841, in the Introduction (p.12):
> 'Stanley modified the System and laid down four stages in a convicts
progress to freedom: (1) detention at the penal settlement of Norfolk Island
(to be handed back to Tasmania) for men on sentences of fifteen years or
more; (2) one to two years in a probation gang (each of which was to be of
250-300 men, in an unsettled area); (3) probation passholder stage: there
were to be three classes of pass varying in the degree of restriction and
wages, but a passholder could enter private service on wages; if he could
not find employment he would have to work for the Government without wages;
(4) ticket-of-leave stage: this was obtainable only after half the sentence
had expired and after some time as a passholder.'
>
>
>
> There's also interesting information re convict police constables in Dr
Stefan Petrow's 2 articles on the VDL police, 1826-1836 and 1837-1846. (Both
on the Web - do a Google search using the author's name). Apparently, some
convict police constables were allowed to return to the UK on conditional
pardons, if they were thought to be in danger because of their work.
>
>
>
> Best wishes
>
>
>
> Judy
>
>
>
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Society of Tasmania) for information on joining or publications
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>

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