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officer drawing forage allowance is not entitled to charge tiie cost of his conveyance for
any journeys less than 15 miles firom his station.

This regulation affects me in a manner which I am sure was not contemplated by the
Secretary of State in granting me an allowance for forage for one horse.

Fremantle is 14 miles from Perth, and besides being a member of the Finance Board,
my duties frequently call me to headquarters, on an average once a week at least : conse-
quently with one horse I have to ride from 1,500 to 2,000 miles a-year, independently of
all my other work, which is quite sufficient for one horse, having stations on the north
side of the river and at Clarence ; and while my duties confine me much to the office, even
to superintend with any use the works at Fremantle would require that I should be
mounted.

The duty of riding so fi^uently to Perth through a heavy sandy track has been
hitherto by no means a very pleasant one, and under any circumstances I find I cannot
possibly do the work with one horse.

I have therefore the honour to submit for his Excellency's consideration that I am fistirly
entitled to the cost of conveyance to Perth whenever my duties call me there ; the forage
which I draw for one horse being only sufficient to enable me to visit the different
stations in the neighbourhood of Fremantle, and to perform my ordinary duties ; in fiujt,
I have fully as much work as two good horses will, with the amount of office work I have,
enable me to perform.

As I am aware it is next to impossible for me to hire in Fremantle a suitable horse,
when I want one, I shall now be obliged to keep a second horse, and charge the usual rate
of horse hire when I visit Perth.

Under ordinary circumstances I would be content to do the work, even at a pecuniary
loss to myself but the price of every necessary of life haa been, and continues so high in
this colony, that I find - ''"^^ary inadequate to meet my unavoidable expenses, and have
not the means of meetii. ^ional expenditure.

I have, &C.,
(Signed) K Y. W. Hendebson.



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OF CONVICT DISCIPLINE AND TRANSPORTATION. 219

No. 31. WESTERN

AUSTRALIA.



Copy of a DESPATCH from Governor Fitzgerald to the
Duke of Newcastle.

(No. 115.) Government House, Perth, November 30, 1863

(Received March 6, 1854.)
My Lord Duke, (Answered, No. 57, April 25, 1854, page 282.)

The Comptroller-General having brought under my notice the high rate
of wages prevailing in this colony notwithstanding the supply of labour lately
introduced from various sources, and attributing this evu to the fact that the
ticket-of-leave man is rendered imable to take private service at the rate he
otherwise would in consequence of the demand made on him by Her Majesty's
Government for the cost of his passage by yearly payments of not less than 5/.
an arrangement that gives colour to the belief, that it fixes the cost of this
passage ultimately on the settler by the increased rate of wages he has to
pay the ticket of leave holder in consequence before he can obtain his services.

3. With the view of relieving the settler at least in part of what the Comp*
troller-General considers nothing short of an unfair tax, ne proposes for my con-
sideration to reduce the yearly payment for passage money n'om 51. to 3/., hewing
thereby to effect a reduction m the labour rate throughout the colony.

4. That being effected, he proposes, as but fair to the ticket-of-leave holder
imder the altered circimiistances of his position by this reduction of the labour
rate, to reduce the sum total of his passage money as foUows :

The 7 years* man who now pays 7i* 10s. to be reduced to 41. lOs.

10 do. 10/. do. 6/.

15 do. 15/. do. 9/.

20 do. 20/. do. 12/.

life do. 25/. do. 16/.

5. By such an arrangement, but not otherwise, he argues that these men will
be able to pay off the reduced sums within the period prescribed by the regu-
lations when if well conducted they would, (if having paid the cost of their
passage) be entitled to a condition^ pardon.

6. I have had no hesitation in sanctioning the reduction in the yearly pay-
ments from 5/. to 3/. as I think the reduction fair to a certain class of the ticiet-
of-leave men, who, from feebleness or other incapacity, are incompetent to earn
a scale of wages that would enable them to pay so large a yearly sum as 5/.

7. But to the ftuther proposition of reducing the sum total to be paid by these
men for the cost of passage to meet the reduction contemplated by the Comp-
troUer-General in the labour rate, I have not felt myself in a position to accede.
In the first place I do not concur with the ComptroUer-General that the labour
rate throughout the colony will be at all affected by the reduction of the yearly
payment from 51. to 31., consequently by Earl Grey's Despatch to the Lieut.-
Govemor of Van Diemen's Land No. 114, of 25 July, 1850, paragraph 4, and
enclosed to me for my guidance, in Despatch No. 135,* of 19 December, 1860.
I have no authority for reducing the passage money in this colony, looking at
the rate of wages generally obtamable.

Secondly. I much doubt the policy of relievinc these men from anv portion
of this debt, though willing to extend the period wr its payment, as I have ever
thought that among the many changes that have taken place, from time to time,
in the regulations for the punishment of criminals by deportation, that the one
obliging the criminal himself to bear the expense as much as possible of carrying
the sentence into execution, by compelling him, at some stage, to pay the cost
of his passage is as salutary to the criminal, as just to the pubhc purse.

8. To this, my view of the case, the Comptroller-General observes, on the
hardship it inflicts in the case of a seven years' man who remains on die hands
of Government, as by the present regulation, if he serve 18 months on public
works, is well conducted, and has paid his passage money 7/. lOs.j (which he can
do by a yearly payment of 5/.,) ne is entitled to a conditional pardon, but if
this man's wages be reduced, (as has been done recently, by my authority, to all
ticket-of-leave men on public works,) from Sd. to G^rf. per working day, the
Comptroller-General thinks I have put it out of the ticket-of-leave man's power
to pay more than 3/. a year, and if he is not to obtain his conditional pardon
(however well conducted) until he pay the cost of his passage, he will be



No. 31.



Page 241 of Papers on "Convict Discipline,** May 14, 1851,

E e 2



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220 FURTHER CORRESPONDENCE ON THE SUBJECT

WBOT^w detained for more than two years, in place of 18 months, on public works, to effect
this payment at the reduced rate.

9. The Comptroller-General is correct in stating that I have recently instructed
that the pay of ticket-of- leave men be reduced from 8d. to G^rf., per working day
while on public works, but the other portion of the case put by him, I am of
opinion, is purely supposititious, as no man ever remains the whole of his time, or
18 months on public works, as hitherto, all (excepting the bad characters,) have
been the greater portion of it in private employ, where the rate of wages obtain-
able well admits of his paying 51. a year if so inclined, (which is not always the
case.)

10. But even supposing the case put by the Comptroller-General, and that
some of the men are obliged to remain the whole 18 months on public works
from not being able to obtain private employment, and have in consequence to
serve six months over that period to enable them under the circumstances stated
by the Comptroller-General to pay off their debt to the Crown, I am still unable
to see the hardship of the case, as even then they get their conditional pardon
very long before the expiration of their original sentence ; in short, the principal
difference between the Comptroller- General and myself is, he considers the
ticket-of-leave man entitled to his conditional pardon under regulation at a fixed
period, and that his payment of passage money should be so regulated as to be
made up in ftill by the close of that period ; while, in my opinion, the delivery of
the conditional pardon, should be dependent on his paying his passage debt, and
that he ought to be detained on ticket of leave imtil he acquits himself of that
liability. I would therefore solicit your Grace's instructions on this question of
general reduction, in my anxiety to treat the opinion of the Comptroller-General
with every consideration.

11. The next question I would bring under your Grace's notice is one also
on which the Comptroller-General differs with me in opinion. Until very lately
a ticket-of-leave man went into private service, and when his services were no
longer required by his employer, he was again received into the hiring depot
(if having a good character from that employer) at fixed daily pay with fiill
rations, whilst the free and unconvicted immigrant, or the conditional-pardon
man, after once quitting the immigration or hiring dep6t for private service,
is never again received on the hands of Government but as a pauper, and
is obliged to work for his rations only. This may appear at first view a some-
what harsh course of proceeding, but I believe it is the only one by which the
inuni^rants generally can be stimulated to the necessary exertion and anxiety
to quit the dep6t and seek and retain private employment, as many would
otherwise remam or be constantly returning on the hands of Government on one
plea or another, were thev to receive wages as well as rations when in depot.
If such be the policy with regard to the free and unconvicted immigrant and
conditional-pardon man when he returns on the hands of Government, I am
quite unable to comprehend why a ticket-of-leave holder, when returning to a
hiring dep6t, should be placed in a better position by getting daily wa^es in
addition to rations. I have therefore instructed that from henceforth all ticket-
of-leave men, who have been six months in private service, returning to the
hiring depdts under any circumstances, whether they have or have not paid their
passage money, should be obliged, as the immigrant is, to labour for the Crown
in return for their rations without receiving any money payment whatever, but
that the ticket-of-leave man who has not paid his passage money should, during
his stay in depot, be given just credit for the amount of his labour towards the
liquidation to the Crown of that debt. Thus I hope obliging these men tx>
observe greater prudence with their earnings obtained in private service, so that
they may have the means of at least clothing themselves from that resource
during the short period they may again at any time have to remain in depot
awaiting employment, where, as before stated, they will only be rationed but
not clothed, unless under circumstances beyond their control of a very
lengthened stay, when clothing will be sparingly given them.

12. My reasons for denying wages on return to the dep6t to a ticket-of-1^^'^
man who has been six months in private employment, but not under that period,
i«, that I conceive a provident man may in six months (but not sooner),
looking at the prevailing rate of wages, put by sufficient to find himself in
clothing and necessaries during his return to dep6t without burdening the
Government with more than the cost of his rations.



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OF CONVICT DISCIPLINE AND TRANSPORTATION. 221

13. The Comptroller-Genera], on the other hand, argues that the ticket-of-
leave man returned to dep6t should not be placed in the same position as
the immigrant or conditional-pardon man, as the latter parties can travel where
they like in the colony in search of employment, while the ticket-of-leave man
is confined to a particular district in this search. Were this strictly the cise,
there is much in the point mooted by the Comptroller-General in favour of the
ticket-of-leave man ; but as in reality the sole diflference is, that the ticket-of-
leave holder has only (if well conducted) to ask for a pass to leave his own
district in search of employment in any other, which he invariably obtains, I
conceive the case to be a distinction without a difference in its results.

14. I have, therefore, to request your Grace's decision on two simple
points : —

Firstly. It being advisable to relieve a certain portion of these men (who may
be feeble or ill-adapted for labour) by a reduction from 51. to 3/. in uie yearly
amoimt of passage monev, whether the whole smn, considered as a debt, should
undergo a similar reduction to both feeble and strong, as proposed by the Comp-
troller-General, or the amount as fixed hy Her Majesty s Government still be
demanded, but a greater length of time given for its liquidation ?

Secondly. Whether a ticket-of-leave man returning to the dep6t without an^
fault of his o\vn, discharged by his employer from his no longer requiring his
services, should on his return to dep6t be dealt with as a pauper, as decided by
Sir John Pakington in his Despatch No. 92,* of 30th October 1852, and only
to receive rations to prevent destitution, giving labour in return, or whether he
should, on the other hand, receive in addition to his rations the pav of 6|rf. per
working day, thus drawing a marked distinction in favour of the ticket-of-leave
man, as compared with the free immigrant, or conditional-pardon man, when out
of private employment, who, as before stated, has no such relief afforded him by
the Government, receiving rations only in return for his labour, so as to merely
prevent destitution, even though, as in the case of the free immigrant, he may
have a large and helpless family to provide those necessaries for which the
Comptroller-General thinks it is so advisable the ticket-of-leave man should be
provided with the means of procuring, lest by not having such he should again
be induced to commit crime, or in other words to relieve him from any necessity
to be provident with his private earnings, as he will be found in everything he
requires on his return to aep6t.

15. I have the honour to forward herewith the correspondence which has taken
place on this question between the Colonial Secretarv and Comptroller-General,
embodying both views, so that your Grace may be m full possession of all the
particulars relating thereto, in order to facilitate your coming to a decision on
the points more immediately referred to.

I have, &c.
(Signed) CHARLES FITZGERALD.
His Grace the Duke of Newcastle,
&c. &c. &c.



Enclosure 1 in No. 31.



♦ Page 238 of Pap^,,^ ^^ « Convict Discipline," December 13, 1852.

^ Ee 3



WX8T8S3f
AUSTRALIA.



Sir, Comptroller-Qenerars OflBce, Fremantle, September 29, 1853.

In order to reduce as much as possible the cash payments to ticket-of-leave men
on the public works, I have the honour to submit for his Excellency's consideration that
a regulation be issued that whatever the amoxmt of earnings may be no man is to receive
more than 2«. per week (4:d. per diem) in cash, for the purchase of necessarieB and
clothing ; the whole of his earnings, except this sum, is to be carried to his paasage
account.

Also, that as soon as a man's passage amount is paid, he is not entitled to receive more
from Government than will provide liim with absolute necessaries, and, therefore, I would
in that case limit his total earnings to 4td, per diem, or as near it as possible.

I do not believe that at present prices a man can possibly clothe himself and purchase
a few necessaries under 4cZ. per diem, and, therefore, while 4d, per diem is exacted, in
adflition for passage monej^ no reduction can be made in the rate of wages.

Tlie price of labour in the colony is now, to a certain extent, arbitrarily kept up by
the amount of passage money reqiured, but when the price of labour fiJls, as it must
shortly do, from the number of emigrants thrown into the labour market, either tiie
present late of passage money must be reduced or the men will have to remain on the



End 1 in No 81.



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222 FURTHER CORRESPONDENCE ON THE SUBJECT

wmTBRS public works to enable them to pay it off, running the risk of being taken off pay
AUSTRALIA. altogether for refusing wages which will not keep them and pay passage money.

If the price of passage money were reduced to 3/. per anmmi, a corresponding reduc-
tion might be made in the rate of wages.

And although the amount of passage money collected would be smaller, the expendi-
ture on the public works to which it is applied would be proportionately reduced, while
the amount paid by each man would be just as much a test of his industry, and just as
severe a tax upon him, as at present.

By ihe Despatch of the Secretary of State to Sir W. Denison, dated 25th July 1850,
and transmitted for his Excellency's guidance., a discretionary power is given to his
Excellency (paragraph 9) to reduce the rate of passage money according to circumstances,
and it is, I think, worthy of his Excellency's consideration whether in the present cir-
cumstances of the colony the reduction of the rate of wages will not materially benefit
all classes and promote the progress of the colony.

In the event of the reduction of the rate of passage money to SL per annum, I should
fix tlie r^ft^y^Tnimi rate of earnings on the public works at 8i. per annum, or 6^d!. per day
nearlv, and when a man had paid his passage money, the total earnings not to exceed
4d or thereabouts, and every effort will be made to reduce the scale of task work to this
standard.

The men would then be anxious to get private service at from 9/. to lOL a year, whidi
present regulations prevent their accepting, the colony would be benefited by the reduc-
tion in the cost of labour, and the tax on the men themselves would continue in effect
the same.

I have, &C.
(Signed) E Y. W. Hendebson,

The Hon. the Colonial Secretary, ComptroUer-GreneraL



&e. &a &C.



li:nd,2inNo.31.



Enclosure 2 in No. 31.



Sib, Colonial Secretary's Office, Perth, October 4, 1853.

I HAVE the honour to acknowledge the receipt of your letter of the 29th ultimo,
D2/478, containing various suggestions and observations relative to the amount of cash
payments to be niade as a maximum to ticket-of-leave men, while in the dep6t, and
also as to the advisability of granting an extension of time for payment of pasfcAge
money.

His Excellency having had xmder consideration the subject matter of yoiu* communica-
tion, desires me to inform you that he approves of the annual payment on accoimt of
passage money being reduced to three pounds, without, however, contemplating any
reduction in the total amount to be paid on this account, but simply to allow the ticket-
of-leave holder a longer period in which to discharge his debt to the Government

The Governor further approves of your recommendation that two shillings per week,
or fourpence per diem, should constitute the maximum cash payment to a ticket bolder
employed on public works, without reference to his actual earnings ; any excess over this
amount to be carried to the credit of his passage account.

Your suggestion that in the event of the reduction of the rate of passage money to
3Z. per annum, tiie maximnm rate of earnings on public works should be fixed at i^d.
per diem, is in his Excellency's opinion too high an amount of earning, he therefore autho-
rizes the maximimi rate being fixed at 6d. a day, and when a man has paid his passage
money such earnings to be limited to 4d. a day, as you propose.

In no case, however, is a ticket-of-leave man who has paid his passage money and
returns to the dep6t from private employment, to receive more than his rations (which
costs 1«. 6cL\ and that only provided he labours fairly for the same, to ensure which
task work snould in all cases, where practicable, be given out ; his condition will then be
no more than the free immigant, and there can be no reason why it should be better.

This course will also, it is hoped, induce greater providence on the part of this class of
men when in private service, and enable them to provide themselves in the event of
having from necessity to return to depdt with necessaries which hitherto have been given
by the Crown, but from which source they will no longer be supplied.

I have, &c.
(Signed) W. A. Sanford,

The Hon. the Comptroller-General, Colonial Secretary.

&C. &C. &C.



EncL 3 in No. 31. Enclosure 3 in No. 31.

Sir, Comptroller General's Office, Fremantle, October 5, 1853.

In reference to your letter of yesterday's date, C2/740, I have the honour to state
for his Excellency's information that the proposition made by me was not intended to
extend the time of payment, but to diminish the yearly amount, and as this amount bas
to be paid withiu a certain time, the total amount required fix)m each man will be dimi-
nished in proportion.



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OF CONVICT DISCIPLINE AND TRANSPORTATION. ^23

His Excellency will perceive, that if the rate of wages is reduced so as to put it out of aijotb^^^
a man's power to pay more than 3Z., he will, unless the whole amount of his passage- ^.^

money is proportionately reduced, be entirely excluded from the benefit of his conditional
pardon, to which, according to regulation, he is entitled after serving a certain probation
on ticket of leave, and the time of his remaining on the hands of Government will be
prolonged in the case of seven year's men over the whole amount of his sentence, and in
the ease of long sentences, over an indefinite period, as it would take a man sentenced for
life nearly nine years to pay his passage account. The men would thus be virtually
deprived of the benefit of their conditional pardons, which, under the present system, are
so strong an inducement to honesty and good conduct, and the expense of keeping men so
much longer on the public works would fer counterbalance any amount of passage-money
they might pay ; and if transportation be continued, I presume there is no reason to doubt
that as many men as can conveniently be maintained on the public works will be sent to
the colony, so that it would be no object to frame a regulation for the purpose of keeping
the men on the works.

The main object of the payment of passage-money being to act as a check on the pri-
soners when they receive their ticket of leave to extend over the period of their servitude
in that condition, and as a test of their industry, it is intended, I conceive, to be fixed at
a rate which a man can pay out of the current wages of the colony by depriving himself
of all but necessaries, without any reference to the total sum which would be, in all cases,
the amounts paid during tJie regulated period of servitude on public worka

If the rate of passage-money is fixed, as it is I conceive at present, at a rate which
increases the price of labour to enable the men to pay, it only amounts to a very heavy
tax on the colonists for the support of the ticket-of-leave men by Government, and under
these circumstances the tax is an unjust one ; if the rate is fixed so that it does not force
up the price of labour, it is perfectly legitimate that the sums so collected should go
towards the public works.

The amount of passage-money which I should propose therefore to be exacted from each
man would be, —

£.
7 years - - - - 4

10 „ 6

16 „ . . - - 9

Life - - . 16

The sum of 31 a year is 2^ per diem very nearly, and therefore if 4d per diem is the
smallest rate at which a man can provide himself with necessaries, fi^d per day would
be the smallest sum at which the daily rate of pay can be fixed to enable a man by hard
work to pay his passage and provide himself with necessaries.

I have, &C.

His Grace the Duke of Newcastle, (Signed) E. Y. W. Henderson,

&c. &c. &c. Comptroller-General.



8.


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payable in IJ year.








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Enclosure 4 in No. 31. EncL 4 in No. 31 .

Sir, Colonial Secretary's Office, Perth, October 11, 1853.

In reply to your letter of the 5th inst., D2/604, I am to acquaint you that his
Excellency fully imderstood your communication of the 29th uli to suggest the propriety
of reducing the amount of passage-money to be paid by ticket-of-leave holders, this reduc-
tion his Excellency feels himself imable to concede in the absence of some more cogent
reasons than you have adduced.

In the first place the Despatch of the Secretary of State to which you draw attention,
only allows of such reduction under circumstances which do not (as in Van Diemen's Land



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