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2019

The Dapto : 1815-1844

Annette Williams University of Wollongong

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Recommended Citation Williams, Annette, The Dapto Road: 1815-1844, Master of Arts (Research) thesis, School of Humanities and Social Inquiry, University of Wollongong, 2019. https://ro.uow.edu.au/theses1/601

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THE DAPTO ROAD: 1815-1844

Annette Williams

Supervisors: Dr Glenn Mitchell and Dr Henry Lee

A thesis submitted in fulfilment of the requirements for the award of the degree: Masters of Arts (Research)

The University of Wollongong

School of Humanities and Social Inquiry Faculty of Law, Humanities and the Arts

April 2019

Abstract

Roads systems are frequently identified as a measure of society’s economic and social progress. The planning, financing and construction of is a central feature of urban spaces. Roads as religious and political artefacts date from a time of the Egyptian Pharaohs, while roads as transport and trade routes can be found along the Silk Route and Roman roads throughout Europe.

European settlement in dates from 1816 when colonial government made the first land grants. Land was used mainly for grazing, timber-cutting, agriculture and later dairy farming. Gradual settlement took place between 1820 - 1840, with the Township of Wollongong laid out in 1834. Coal mining was established in 1848, with ten mines along the by 1890. Significant economic and population changes from 1830 brought increasing demands for roads, especially roads that might survive floods and increasing levels of traffic.

While it satisfied an economic imperatives of a colonial government keen to see a district develop its economy as well as plans of local business owners and developers, it did not please everyone. Some land owners saw it as an inconvenient intrusion.

This convict-built road, however, not only satisfied a government keen to promote its convict policy in punishment and reform but to also exploit cheap convict labour as it also became an important part of a district’s push to economic development.

Figure 1: Mullet Creek, Dapto Archaeological Sites (Comp) 2013

1 Acknowledgements

I express gratitude to my primary supervisor, Dr Glenn Mitchell for inspiration, guidance and patience. I thank my secondary supervisor, Dr Henry Lee for his advice.

Without Wollongong City Council’s opportunity for research development, this research might not have happened. My appreciations go to family and friends for their emotional support, numerous archivists, librarians and Carol Herben who gave me an idea for this thesis. I also thank Mr William Thomas and his family for sharing Mr Thomas’s research on road construction and Dr Tony Ball of the Illawarra Historical Society, who arranged for me to look at his information.

2 Certification

I, A nnette Will ia ms, declare that this thesis submitted in fulfilment of the requirements for the conferral of the degree Masters of Arts (Research), from the University of Wollongong, is wholly my own work unless otherwise referenced or acknowledged. This document has not been submitted for qualifications at any other academic institution and the word length is 43,235.

Annette Williams

Date 23rd April 2019

3 List of Names or Abbreviations

ADB Australian Dictionary of Biography AS Assistant Surveyor ACS Assistant Colonial Secretary CS Colonial Secretary DS-G Deputy Surveyor-General DMR Department of Main Roads HO Home Office HRA Historical Records of NRS Record Series MEM. Registered Memorandum of the Governor PM Police Magistrate POT Parliament of PSC Principal Superintendent of Convicts RMS Roads and Maritime Services RTA Road Traffic Authority S-G Surveyor-General SL NSW State Library of New South Wales SR NSW State Record of New South Wales TSA Tasmania State Archive UOW University of Wollongong WCL Wollongong City Libraries & Illawarra Historical Society Collection WLRC Wollongong Library Reference Collection

4 Table of Contents

Abstract ...... 1 Acknowledgements ...... 2 Certification ...... 3 List of Names or Abbreviations ...... 4 Table of Contents ...... 5 List of Figures and Tables ...... 6 Introduction ...... 7 Chapter 1 ...... 13 Introduction ...... 13 Scope and Questions ...... 14 Overview of Thesis ...... 16 Literature Review ...... 17 Wollongong ...... 17 Road Works...... 23 Convicts ...... 27 Conclusion ...... 34 Chapter 2 ...... 36 The Road Concept: 1815-1832 ...... 36 Introduction ...... 36 Illawarra's Development ...... 36 The Road ...... 42 Conclusion ...... 51 Chapter 3 ...... 52 The Road is Built: 1833-1844...... 52 Introduction ...... 52 The Road Builders ...... 53 The Road Construction ...... 61 Contractors ...... 64 The Road Protesters ...... 70 Conclusion ...... 75 Chapter 4 ...... 76 Conclusion ...... 76 Bibliography ...... 77 Appendices ...... 88 Appendix 1 - The Road Builders ...... 88

5 List of Figures and Tables

Figure 1: Mullet Creek, Dapto Archaeological Sites (Comp) 2013 ...... 1 Figure A: Road Location ...... 7 Figure B: Mullet Creek Illawarra ...... 9 Figure C: Ghost Creek Bridge ...... 9 Figure D: Dapto Road Plan ...... 11 Figure 2: Map of Illawarra – Mitchell 1834 ...... 13 Figure 3: Plan of the road through the district of Illawarra - Elliot 1833 ...... 20 Figure 4: Colonial Government and Road Builders 1834-1844 ...... 28 Figure 5: Plan Showing Road to Bulli from Appin– Mitchell 1834 ...... 38 Figure 7: (Ext) Part of Plan for the New Line of Road in the District – Elliot 1834 ...... 44 Figure 8: (Ext) Plan of Road through District of Illawarra 1833 & ‘Springhill’ ...... 46 Figure 9: Plan of Road through the District of Illawarra - Elliot 1833 ...... 50 Figure 10: Illawarra Stockade ...... 55 Figure 11: (Ext) Map of Illawarra - Mitchell 1834 ...... 56 Figure 12: Unanderra from Cobbler’s Hill Figtree ...... 62 Figure 14: Simple Bridge Construction Methods using Timber Planks ...... 63 Figure 15: (Ext) Plan of the Road near Mullet Creek - Burnett 1840 ...... 69 Figure 16: Geards Hill – South towards Ghost Creek, Figtree ...... 71 Figure 17: Bullock Dray at Charcoal Creek-Unanderra ...... 73 Figure 18: Plan showing the Line of Road - Burke 1843 ...... 74 Table 1: Ticket of Leave Criteria ...... 88 Table 2: Bridge Party and Iron Gang Case Study ...... 88 Table 3: Bridge Party and Iron Gang not included in Case Study ...... 104 Table 4: Success Rate on the Ticket of Leave Criteria ...... 106 Table 5: Convict Overall Outcomes ...... 106 Table 6: Arrival ...... 107 Table 7: Convicts in the First Gangs but 'Not Used' ...... 108 Table 8: Military Regiments of the Stockades ...... 108

6 Introduction

To travel from Dapto to Wollongong today is to travel along a modern highway. Regardless of the weather, the road is easy to travel along - the only impediment is the occasional traffic accident. For the builders of this road, there were few, if any major difficulties in its construction. Moreover, these road builders had advanced engineering techniques to draw on, a route which was more than 100 years old and sophisticated road building machines.

It is a far cry from the road constructed between the two centres in the early 1800s. Early colonial road construction engineering was devoid of the modern practices and machinery. Construction of the Dapto Road meant that a road was being made from scratch. It had no history – other than a crude track in various places to follow and no road building machines – other than convict labour.

The early road, like its modern counterpart, is dominated by the Illawarra escarpment to its west and the Tasman Sea to its east. Dapto is 15 kilometres south of Wollongong which in turn is 100 kilometres south of . The escarpment is part of the Great Dividing Range with two major mountains - and . Mount Keira overlooks the Wollongong Township and Mount Kembla overlooks Tom Thumb Lagoon. The latter is important because small creeks and rivulets run from it to larger creeks that cross the road and then to the sea. The satellite aerial image (DPI 2018) shows the major landforms with the Dapto Road illustrated in red.1

Figure A: Road Location

1 NSW Department of Planning and Environment 2018 ‘Wollongong Illawarra’, (accessed 7/4/2019) http://webmap.environment.nsw.gov.au/PlanningHtml5Viewer/?viewer=SEPP_CoastalManagement

7 The major physical landforms are an escarpment and plateau which give way to a coastal plain and coastline. The escarpment drops away steeply which made it difficult for settlers to walk to the coast and convey produce to the coast for shipping to Sydney. The escarpment and other isolated hills were created by volcanic activity and sedimentary rocks. High rainfall and alluvium soils made the coast extremely desirable for the first cattlemen who lived on the plateau.

Coastal high rainfall levels are often associated with orographic lift caused by the escarpment. During summer months, the coast also experiences electrical storms with heavy rainfall. The orographic lift is also associated with dry eucalyptus forest of the plateau and green grass all year round on the coast. High rainfall also influenced the spread of rainforest from the escarpment and onto the coast.

The different vegetation types in the Illawarra are influenced by several factors but mainly aspect, location and geology. As the vegetation descends the escarpment it changes from rainforest to eucalyptus, riparian and swamp woodland, grassland and heath shrub. Rainforest is generally restricted to shelter gullies with the exception of Berkeley and Flagstaff Hills. The grasslands consisted of kangaroo and wallaby grass and their shade tolerance under the trees was idyllic for cattle. The coastline vegetation varied but within a low-lying water environment like Coomaditchy Lagoon, Tom Thumb Lagoon or it was ideal for the coastal swamp oaks and specific gum trees to thrive on dry soil surfaces and a high-water table. The high-water table around Tom Thumb Lagoon prompted a change in the old road alignment to the new road alignment of the Dapto Road.

Another physical constraint for the settlers was creek crossings. These creeks carved their way through the foothills creating gullies and ridges. At Dapto, the escarpment is located further from the coast and the creeks have the space to meander across the plain before reaching the coastal inlets, bays, wetlands, estuary or lakes. Early settlers would have experienced an eerie or ghostly landscape faced with the formidable task of clearing it if they wanted to claim it. The lushness in the landscape at Mullet Creek portrayed below in the Conrad Martens painting was the last creek to cross on the Dapto Road2.

2 Conrad Martens, 1853, ‘Mullet Creek Illawarra’, Wollongong City Gallery, (accessed 7/4/2019) https://collection.wollongongartgallery.com/objects/1109

8

Figure B: Mullet Creek Illawarra The first creek crossing on the road south after passing the turnoff to Mount Keera (Keira) was Ghost Creek. Its wooden and stone bridge was operational until 1963 but the State Government demolished it for the .3

Figure C: Ghost Creek Bridge Many creeks had their head waters in the escarpment and with each of them making their way to the

3 Wollongong City Library, ‘Ghosts Creek Bridge’, (1910), Weber, Carl, Weber Collection in Online Catalogue, (accessed 7/4/2019) https://wollongong.spydus.com/cgi- bin/spydus.exe/ENQ/WPAC/BIBENQ?BRN=306579

9 coast, they posed significant problems, especially in heavy rain. Mill Brook (Byarong) Creek originated behind Mount Keira and descends via a series of cascades before reaching the Dapto Road adjacent to the Mount Keira Hotel, Figtree. Branch Creek started behind Mount Nebo and American Creek behind Mount Kembla and they merged with Brandy and Waters Creek adjacent to the old Figtree Inn on the road. The Charcoal Creek began its journey in front of Mount Kembla and merged with Jenkins (Allans) Creek after passing the former Central Illawarra Council Chambers and crossing the road at Charcoal Creek (Unanderra). Jenkins Creek, originally named after the first land grantee, commenced on the southerly aspect of Mount Kembla prior to draining into Tom Thumb Lagoon. Mullet Creek had the largest catchment from the escarpment foothills between Dombarton and Huntley. The flood waters of Mullet Creek dominated the coast combined with Barrett (Dapto) Creek prior to reaching Dapto Road and ultimately spilling into the Lake.4

Creeks crossings were a major design constraint and the inhabitants were concerned about having too many bridges to build and maintain. While their concerns were realised, they were not aware of Governor Bourke’s plan for a main road through the district and extending down the south coast of New South Wales. The physical problem in building the roads across the creeks were the large dead trees washed downstream in high flows. The bridges were designed to have stone piers that resisted the force of large timber during flood waters. However, a lack of convict stonemasons proficient in building suitable stone piers strong enough to withstand the ongoing barrage of large timbers was the constraint. As a result, Figtree and Mullet Creek bridges were not built by the colonial government, even though they had two attempts on Mullet Creek Bridge between 1834 and 1844.

In the 1830s it was common practice to build bridges consisting of two timber beams laid across creek and covered with planks to form the road-way. Stone walls were built to support each end of the timber abutments.5 The bridge in the Ghost Creek photograph, appears to reflect the description, however, this was not the case at all creek crossing due to the lack of proficient stone masons, suitable supervision and experienced overseers. The bridges were crudely built with rough sleepers and timber decking on large timber slabs while the rails were sawn prior to being used on the bridge.6

The different roles involved in construction across various government departments were costly. Military and road departments clashed several times creating confusion and distressed overseers who escaped from their supervisory role of the bridge and iron gangs. The corridors of government appeared preoccupied with ambitious internal power struggles. The engineer’s departments took over responsibility for the road build, yet confusion remained as to who would purchase land for the stockades.

Government policy recognised the importance of the stockade location for community’s safety. The best-

4 WCL, ‘Twenty chain map of South Coast District Sheet No 2’, (195?), Robinson, H.E.C., Online Catalogue, (accessed 7/4/2019) https://wollongong.spydus.com/cgi- bin/spydus.exe/ENQ/WPAC/BIBENQ?BRN=477485 5 William M Gillespie, ‘A Manual of the principles and practice of Road-Making: comprising the location, construction, and improvement of Roads and Rail-Roads’ (New York: A.S. Barnes & Co., 1847), p.173, (accessed 1/1/2018) https://babel.hathitrust.org/cgi/pt?id=hvd.32044091966085;view=1up;seq=11 6 Michael Organ, 1987, ‘Reminiscences of Illawarra by Alexander Stewart’ p.23.

10 behaved convicts were based in the Wollongong stockade because more people lived in Wollongong compared to the farming villages of Charcoal and Mullet Creek. There had been a few robberies within the adjacent farms of Figtree stockade as claimed in a well reported case. The court case was an embarrassment for the government and its convict policy in punishment and reform. The following illustrated map (DPI 2018) provides the location of all stockades and existing or proposed roads covered in the study area.7

Figure D: Dapto Road Plan With two bridges not complete and the inhabitants still complaining about the state of the road and bridges, why did this thesis end in 1844? There are several reasons why the thesis covered a decade of road design and construction. One explanation rest with the usual problems faced by researchers – the topic, the location and the main characters in the thesis changed. It became difficult to locate further primary material on the construction of the Dapto Road and particularly the same people involved in its construction. One of the reasons may have been the Dapto Road was renamed to the South Coast Road when it was extended north of Wollongong and south of Dapto. Change was not a new concept to the Dapto Road as there had been two Governors and two Colonial Secretaries within the ten-year period responsible for the main decisions of the road. Any change in top management came with departmental restructures and new operating policies and procedures. The Road or Survey Department transferred to the Engineers Department, the military left the district and the mounted police became the responsibility of local government. These reasons contributed to the 1834-1844 timeframe.

7 NSW Department of Planning and Environment 2018, ‘Dapto Road Plan’, (accessed 7/4/2019) http://webmap.environment.nsw.gov.au/PlanningHtml5Viewer/?viewer=SEPP_CoastalManagement

11 The main reason why the two bridges were not completed was the prosperous economic climate had changed from the previous decade. Land values fell due to a slump in price for agriculture goods and stock and land was hard to sell due to a drought since 1839. The colonial government was no longer receiving funding from England for public works including road building and maintenance. The ready supply of convicts into New South Wales from England stopped in 1840.8 However, roads continued to be built by local mechanics and labourers who were glad to get employment for vastly reduced wages.

The colonial government could not afford to build and maintain a vast network of roads. New legislation was introduced that changed the way the government operated. The Parish Roads Act 1840 allowed the government the right to make and repair Parish Roads only.9 The Constitution Act 184210 permitted the government to stop paying for local law and enforcement.11 The District Rural Council was created and they were empowered to raise rates and charges for building and maintaining roads, bridges and other infrastructure with by-laws that enforced local order. The colonial government was no longer involved in local or district council affairs.

It was reported in January 1843 that the poor state of the Dapto Road and not having a bridge at Mullet Creek contributed to the tragic drowning of a local resident, Mr. Whologhan, when he attempted to cross the creek with his horse in floodwaters.12

Even though the colonial government’s public works department continued to extend the road down the south coast, their presence on the Dapto Road had ended and it became the responsibility of the District Rural Council.

8 Martin Gibbs, 'The Archaeology of the Convict System in Western Australia'. Australasian Historical Archaeology, vol. 19 (2001), p.78. 9 SR NSW, Letter 43/8177, S-G to CS, NRS 906, 9/11/1843. 10 Parliament of NSW, 1822 to 1842 - The First Legislature: The Constitution Act 1842, https://www.parliament.nsw.gov.au/about/Pages/1822-to-1842-The-First-Legislature.aspx , (accessed 18/1/2018). 11 Andrew H. Kelly, ‘The Development of Local government in Australia, focusing on NSW: From Road Builder to Planning Agency to Servant of the State Government and Developmentalism’, (UOW), pp.1-4, http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1542&context=lawpapers, (accessed 8/10/2017). 12 The Australian, 6 January 1843, p.2.

12 Chapter 1

Introduction

The modern has hundreds of roads, with many kilometres of tarred surfaces. For most part – exceptions being an inevitable traffic jam at morning and afternoon peak hours and increased road traffic at holiday times - these roads allow residents and visitors effective travel within and through a city. They are a fundamental part of a city’s infrastructure and economic progress. For most part, there is little public debate about a need for new roads in order to facilitate commercial life.

In early 1800s however, it was a different story. With fewer roads for fewer people, their purpose then was similar as it is today – efficient movement of people in and around Wollongong and in particular, transport of goods to market. Put simply, a district’s early roads had a significant economic importance. Without suitable road transport links in Wollongong, it was difficult to convey produce to markets, farming could not prosper and any hopes colonial administrators had for the region may well flounder. This thesis is about one of those early roads and its convict builders. A plan created by Sir Thomas Mitchell in his Report on Roads 1834, provides the location of the Illawarra.13

Figure 2: Map of Illawarra – Mitchell 1834 This chapter has four sections. The first part is an introduction that briefly sets out a scope of the thesis and describes the questions that the thesis will examine. It also briefly explains a direction that each

13 WCL, ‘Map of Illawarra’, (1834), Mitchell, Thomas, Sir, 1792-1855, Online Catalogue BRN: 191183, (accessed 7/4/2019)https://wollongong.spydus.com/cgi- bin/spydus.exe/ENQ/WPAC/BIBENQ?BRN=191183

13 question will take a reader and the conclusions that the thesis has reached. The second section is a broad overview of the thesis. It sets out a structure of the thesis, a rationale for this structure and what a reader will see in each chapter. This section is followed by a third – a review of the literature that underpins the principal research areas of the thesis. The fourth section is a very brief summary of the first three sections.

Scope and Questions Wollongong City Council recently celebrated 200 years of white settlement and the allocation of the first five land grants that led to Wollongong's settlement. As an Environment Strategy Officer with Council, some of the work is based around road construction and while the road at the centre of this thesis was built in early 1800s, it has many similar complexities and arguments characterised by contemporary debates on current road development.14 The words ‘most part’ in the first paragraph refer to a 2014 complaint to the State Government on lack of funding for construction of a long-awaited Fowlers Road Bridge, a key piece of infrastructure into West Dapto and access from the Southern Freeway.15 Roads have had a significant impact in opening new farming districts and providing connection with established settlements. The first ‘roads’ were basically rough tracks for the first inhabitants, indigenous Australians, to move from one place to another. These tracks were also used to connect one white settlement to another. Kass has written that any land along the road was settled and became land grants.16 However, the convict contribution to road construction in and around Wollongong is largely unknown.

This thesis looks at a history of a small road, some seven and a half miles long between Wollongong and a small suburb of Dapto to Wollongong's south. Wollongong is south of Sydney and lies on a narrow coastal strip bounded by the Great Dividing Range to the west and the Five Islands to the east. William McDonald, a prominent local historian, has written that Dapto was officially founded in 1834 when George Brown transferred the 'Ship Inn' from Wollongong to Mullet Creek Dapto, (now Brownsville).17 Until the construction of roads, the principal communication in and out of this district was by sea.18

Throughout the thesis the road in question is sometimes referred to as a new line of road as it replaced an old Dapto Road and when work commenced in October 1835, it was the first convict-built road from Wollongong and it eventually became the . Colonial maps identified the Dapto Road as the South Coast Road and Main Road but Mitchell’s 1834 Map of Illawarra referred to it as the New Line of Road between Wollongong and Dapto. A shorter road commenced construction on June 1835 also

14 Yarra Campaign for Action on Transport, 11 September 2014, http://www.ycat.org.au/residents- against-the-tunnel-murphy-v-east-west-toll-supreme-court-verdict/, (accessed 21/12/2017). 15 , 5 March 2015, http://www.illawarramercury.com.au/story/2926281/better- state-funding-for-west-dapto-roads-sought/, (accessed 11/12/2017). 16 Terry Kass, 'RTA Thematic History. A component of the RTA Heritage and Conservation Register,' 2nd Edition, 2006, Comp. RTA [RMS], http://www.rms.nsw.gov.au/documents/about/environment/thematic-history-rta2006.pdf, (accessed 26 October 2017), p.12. 17 William Graham McDonald, ‘Nineteenth Century Dapto’, Illawarra Historical Society (1976), p.44. 18 Project Gutenberg Australia, 'Report of the Commissioner of Inquiry on the state of Agriculture and Trade in the Colony of New South Wales' by John Thomas Bigge, (House of Commons, 13 March 1823), p.8.

14 referred to as a new line of road over Mount Keira. It was built by some of the same men based at Illawarra Stockade and was completed August 1836.

On 17 October 1829 The Sydney Gazette and New South Wales Advertiser reported that settlements were established throughout the Nineteen Counties but there was no access to Sydney overland from the Counties of Camden, Argyle and lower Cumberland for farmers to transport produce to the Sydney markets.19 The farmers with grants were to live on it, cultivate or improve a land free of taxes, fees and rents for ten years. Thereafter, an annual rent was one shilling per year for every 50 acres and had to be paid within five years of an issue date.20 This made access to the harbour essential for farmers who relied on selling their produce to earn an income.

The Dapto Road is a central focus of this thesis which addresses questions such as - Why was this road built? This question cannot be understood until other subsidiary questions are considered such as - where was it and why a new line of road? How and when was it built? Who built it and were they successful? There are two feasible explanations why the colonial government built the Dapto Road and both explanations will be explored.

One explanation looks at the colonial government building the Dapto Road to increase access from Illawarra's growing surrounding agricultural and industrial districts to Sydney. This explanation has considerable merit as Illawarra's economy at a time of road's construction was beginning to expand and that expansion for agricultural and industrial producers required significant infrastructure. However, this explanation could be said for any coastal district on the south coast.

A second explanation argues that the government had a large supply of cheap labour available - convict workers - and it was keen to not only demonstrate a success of its convict policy on punishment and reform but to also use this labour for infrastructure projects. Convicts who re-offended were usually sent to work in irons on road projects but some experienced harsher punishment when sent to penal settlements. There were two divisions of convicts employed on colonial public roads; one without irons called Road Gangs and others in irons, chained together, called Chain or Iron Gangs. Sending convicts to another side of the world to rid the British problem of overcrowded hulks and gaols was a major factor but this colonial practice was losing British and colonial support. Yet support remained strong for the convict system whose supporters included successful prominent and colonial settlers such as John Macarthur of ‘’. His support was easy to understand. The more convicts he had the more land he acquired. With use of a formal road to Sydney he soon became one of the principal landholders in the colony, selling produce to the government and Britain. His power was such that he became a threat to the government. He promoted his vision as a wool exporting country controlled by men of capital who

19 The Sydney Gazette and NSW Advertiser, 17 October 1829, p.3. 20 Australian Bureau of Statistics, 1301.0 – Year Book Australia, 1911: Land Tenure and Settlement, 1 January 1910, [14 March 2013], http://www.abs.gov.au/ausstats/[email protected]/featurearticlesbytitle/88FD067140FC3F4DCA2569E300102 388?OpenDocument (accessed 5 March 2018).

15 were maintained by convicts.21

Some historians have argued that forcing harsh labour on the convicts was good for them as it provided them with experience and skills in personal discipline and new skills for future employment. The convicts were given an incentive to reduce their sentence by working hard and staying out of trouble. Their reward was a Ticket of Leave Passport and this allowed them to work for themselves, acquire property but live within a specified district and report regularly to a Magistrate.22

Regardless of the above, a conclusion of the thesis is that the government realised the district’s potential and critical need for a road to a harbour and this supported the first explanation.

Overview of Thesis In 1832 the Five Islands district of the Illawarra had reached a point where existing bush tracks proved to be inadequate, particularly after rain, for farmers transporting heavy loads of produce to and from the local harbour for the Sydney markets. Numerous letters and petitions argued that the Governor provide appropriate weatherproof access to the coast for Illawarra farmers and those from adjacent counties of Argyle and Cumberland. While a lack of effective roads and bridges in the Illawarra came to the attention of Governor through letters and petitions, all concerns of farmers became apparent during his official visit to the Illawarra in 1834.

The thesis looked at other colonial convict-built roads to understand why Surveyor-General Major Thomas Mitchell pointed out to Bourke on 9 April 1834 that there were not enough available skilled convicts.23 It was well known that the Surveyor-General's priorities were with the Great Northern Road, the Great Western Road and particularly The Great Southern Road where highly skilled mechanics – often convicts - such as stonemasons were required for the construction of embankments and bridges.

This thesis is divided into four chapters. Chapter One sets a broad context for the research by looking at colonial Wollongong and any road's decision-makers in Macquarie Street. As well as introducing the thesis overview, this chapter reviews the literature relating to arguments on Illawarra's development and the policy of convict transportation. The purpose of the literature review is twofold. First, it identifies materials about the Illawarra's history - its primary and secondary documents. Second, and perhaps most importantly, it reveals that in a published historical scholarship there are few, if any, references to the old Dapto Road. An unpublished archival record however, reveals a complex and hitherto untold story about this new line of road to Dapto.

Chapter Two identifies who influenced the concept of the road and the road’s location to best serve any development of this local economy. It describes how the district was settled in an absence of overland access and the principal contributors to development of this district. The chapter explores whether the

21 ADB, ‘Macarthur, John (1767-1834),’ (1967), http://adb.anu.edu.au/biography/macarthur-john- 2390, (accessed 23/12/2017). 22 State Library NSW, The Convict Experience, 2018, http://www.sl.nsw.gov.au/stories/convict- experience (accessed 6/03/2018). 23 SR NSW, Letter 34/169, S-G to CS, NRS 905, Item 4/5400, 9/4/1834.

16 road was built because of Illawarra's agricultural importance to Sydney or was that only part of an explanation? The colonial government had already created penal settlements in both the Hunter and Illawarra districts as it had identified both districts for their importance in providing resources from various industries.

Chapter Three has two sections on the road builders and the road protesters. The first section examines the road building team, how it used a most practical construction method and materials and this story reveals many irregularities and territorial demarcations between early settlers. As the road became a way of reinforcing punishment, the chapter looks at who built the road and whether there is any evidence that convicts reformed while working on the Dapto Road. In the second section the road was not without drama and several complaints and petitions by landowners were made. The colonial administrations responding to farmers who opposed to a road going through their properties and who in turn engaged in forms of environmental vandalism to sabotage its construction. A final chapter draws together any arguments and evidence.

Literature Review The research areas of the thesis are arranged with three broad themes – Wollongong, roads, and convicts. Each has a body of work that helps make sense and provides context for the building of the road at the centre of this research. However, historians have largely overlooked or are yet to develop a body of literature that connects a relationship between various theme.

Wollongong There is a developing body of historical research on Wollongong. The History Program at the University of Wollongong has produced close to 100 Honours, Masters and doctoral theses. The Australian Historical Association and The Royal Australian Historical Society recently held conferences in Wollongong that heard several papers on this area’s history. Illawarra Historical Society dates from 1944 and there are several groups for family history, mining history and genealogical groups all producing material on Wollongong’s and the Illawarra’s past.

There is an extensive body of literature from various early settlers and writers. Early settlers who provided detailed information on the Illawarra included Alfred McFarland, Alexander Stewart and Smith.24 Other local authors contributed to this study by providing local knowledge and background materials such as Elizabeth Fry's memoirs in 192025 and Frank McCaffrey’s writings on early settlers. McCaffrey and several articles between 1830 and 1850 reproduced published letters to an editor outlining their complaints during construction (with the road build).26 Arthur Cousin’s descriptive and

24 Alfred McFarland, Illawarra and Monaro: districts of New South Wales. (Sydney, NSW: William Maddock, 1872), p.24. 25 Elizabeth Fry, Reminiscences Illawarra Early Settlers. No.2 [No 5], (Wollongong, NSW: Wollongong City Libraries, 1920). 26 Frank McCaffrey, The History of Illawarra and its pioneers. (Haberfield, NSW: F. McCaffrey, 1922), p.44.

17 historic stories about the coast in 194827 and Hilda Shaw’s compilation of various authors in 1970 and Illawarra's development also provided useful contextual information.28

Frank Osborne in 2000 contributed to a developing knowledge of the first settlers and surveyors in colonial Illawarra while Alison Gibbs and Catherine Warne produced a pictorial history of Wollongong in 1995.29 In 2010 Terry Kass provided Wollongong City Council with its first Thematic Study of Wollongong. He identified many early mountain roads, except Mount Keera (Keira) Road. He connects the Alley’s line of road between west Dapto and Bong Bong to the old Dapto Road from Brighton Beach to Mullet Creek. He explains a purpose of the two stockades at the Crossroads and Mullet Creek but does not connect them with the colonial government-built road from Wollongong to Dapto.30

One local historian, Michael Organ, has made a significant contribution to this area’s history. In 1986, Organ and Peter Doyle extracted and compiled data about the Illawarra from 1828 and 1841 Census. From their work it was possible to link population growth to a district's economic growth and it was reprinted in 1987 for the Illawarra Family History Group.31

In 1987 Organ edited 24 articles from the Illawarra Mercury. He took articles from between April and August 1894 by Alexander Stewart who recalled his memoirs of early Wollongong.32 In the same year he also extracted articles from the Illawarra Mercury written by an old resident Albert Elias Organ called The Early Days Ghost Bridge, Tales of the Pioneers. He tells a story how the bridge at the base of Geards Hill near the Illawarra Stockade acquired its name because it was rumoured to be haunted by Captain Otway who was the first military officer at that stockade prior to construction. Albert was a son of Private William Organ who had been stationed at the Wollongong Stockade.33 Albert’s father and Uncle Thomas arrived in the Illawarra from 1 July 1839 and they were sentries at the stockades and worked on the Dapto Road construction until 1840.34

In 1988 Organ edited Lady Jane Franklin’s diary which described convict’s living conditions at Wollongong Stockade and a location of the Mullet Creek Stockade where the convicts were based to

27 Arthur Cousins, The Garden of New South Wales. (Sydney: Robert Dey, Son & Co, 1948), pp.90- 93. 28 Hilde Jacqueline Shaw (comp.), 200 Facts about Historic Illawarra. (Wollongong, NSW: Illawarra Historical Society, 1970), pp.14-15. 29 Alison Warne, Catherine Gibbs. A Pictorial History Wollongong. (Alexandria, NSW: Kingsclear Books, 1995). 30 Terry Kass, A Thematic History of the City of Wollongong: Final Report for Wollongong City Council. (Lidcombe, NSW: Heritage Council of New South Wales and NSW Government Department of Planning, 2010), p.89. 31 Michael Organ, Peter Arthur Doyle (comp.). Illawarra Residents 1828 & 1841. Illawarra Residents 1828: extracted from the census of NSW November 1828 & Index 1841 Census of the Illawarra’, (Wollongong, NSW: UOW Printery for the Illawarra Family History Group, 1986 [1987]). 32 Michael K Organ (ed.), ‘Reminiscences of Illawarra by Alexander Stewart’, (UOW, 1987), pp.51, http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1153&context=asdpapers (accessed 1/1/2018). 33 Michael Organ, (ext) 'The Ghosts of Ghost Creek', Illawarra Historical Society Bulletin, (April 1987), pp.15-16. 34 Michael K Organ, Robert Hardy, ‘Pioneers of the Illawarra - a history of the family of Elias Organ in Wollongong, 1839-1869’, (UOW, 1884), pp.23-25. http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1132&context=asdpapers, (accessed 2/1/2018).

18 build a bridge.35 In 1990 he provided an article for the Bulletin of the Illawarra Historical Society on the first military garrison in the Illawarra. Bloody encounters followed between settlers and Aboriginals west of the Escarpment.36

In 1991 Organ edited for Illawarra Historical Society the works of Edgar Beale and Winifred Mitchell who had earlier transcribed the journals of Reverend James Backhouse and George Washington Walker who had written detailed account of their trip through the Illawarra and Shoalhaven in 1836. These pioneers were funded mainly by the London Quakers with an objective ‘to discharge a duty of Christian love’. Their mission was to preach and promote Temperance but they also wanted to investigate a penal system and treatment of the Aboriginals.37

In 1994 Organ and Doyle on behalf of the Illawarra Historical Society compiled and edited Benjamin Lindsay’s sixteen Illawarra Mercury articles between February and October 1934. Lindsay, a local historian, detailed his experiences with early settlement while acknowledges an importance of the Thurawal people to the white settlers. Development might not have happened so quickly if the Thurawal people had not shared their local knowledge of walking tracks when they assisted Throsby and O’Brien with access over Illawarra Escarpment.38

Organ’s The Story of the Illawarra Stockade on his website lists a chronology of events regarding military occupation in the Illawarra.39 The Illawarra Stockade was identified in archival manuscripts as being a stockade adjacent to the Cross Roads west of Wollongong. In 1816 a military history begins with their arrival at Red Point to support a future penal settlement with supplies, apprehended escaped convicts from Sydney and monitored Illawarra's illegal cedar trade. In 1826 Red Point Barracks is converted to a stockade shortly followed by Wollongong Stockade being built in 1830. Due to local markets and a harbour in Wollongong, the Red Point stockade moves to a point overlooking the harbour. From 1832 the Mounted Police began to replace the Military Regiments on public works to implement Governor Richard Bourke’s policy changes. In January 1835 Lieutenant Henry Maxwell Otway had been promoted to Magistrate of the Territory and arrived in May at the Illawarra/Cross Road Stockade.40 In 1838 the regiments moved from Wollongong and the Illawarra Stockade to Mullet Creek Stockade at Dapto and in 1841 Charcoal Creek Stockade was identified and remained open until the military left in 1844.41 To confirm a stockade locations, Mullet Creek Stockade location was identified and located on a plan

35 Michael K Organ, (ed.) ‘The Illawarra Diary of Lady Jane Franklin, 10-17 May 1839’, Illawarra Historical Publications, (UOW, 1988), p.11; pp.20-21. http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1031&context=asdpapers, (accessed 2/1/2018). 36 Organ, M. 'Illawarra's First Military Garrison 1816'. Illawarra Historical Society Bulletin, (October 1990), p.93. 37 Edgar Beale, Beale Memorial Volume. Backhouse and Walker in Illawarra and Shoalhaven 1836, (Wollongong East: Illawarra Historical Society, 1991), p.12. 38 Michael K Organ; Peter A Doyle, (ed.) 'Early Land Settlement in Illawarra 1804-1861’ by Benjamin Lindsay, Illawarra Historical Publications, (1994) [1934], p.4, p.6. 39 Michael Organ, ‘The Story of the Illawarra Stockade. Stationed Military Regiments & Convict Discipline 1816-44’, (UOW, 2005), http://www.uow.edu.au/~morgan/stockade.htm, (accessed 20/3/2015). 40 The Sydney Gazette and New South Wales Advertiser, 3 January 1835, p.4. 41 Organ, 'The Story of the Illawarra Stockade …’, (accessed 20/3/2015).

19 provided by Surveyor Burnett in 1840.42 The Figtree Stockade was located by Alexander Stewart when he said that ‘the stockade was removed to (Mathew) Ryan's paddock at Figtree’.43 The Wollongong Stockade location was located in June 1839 on a plan in Lady Franklin's Diary.44 The Charcoal Creek Stockade location was provided by Alexander Stewart and Albert Organ. The Illawarra Mercury on 17 September 1920 reported Organ saying that

Charcoal Creek (now Unanderra) had a stockade where the prisoners were kept for road making and erecting a bridge across the creek.45

At Charcoal Creek, Alexander Stewart remembered

the old road went through the ‘Berkeley’ estate and across the Charcoal Creek near Unanderra railway station.46

Figure 3: Plan of the road through the district of Illawarra - Elliot 183347

42 WCL, ‘Plan of the Road near Mullet Creek showing proposed alterations of the Line’, (1840), Burnett, JC January 29, Sydney: Government Printers, Online Catalogue, No. 52227. 43 Organ, ‘Reminiscences of Illawarra by Alexander Stewart’, p.25. Figtree was known in 1887 as ‘Ryan Vale’. 44 Organ, ‘The Illawarra Diary of Lady Jane Franklin, p.16. 45 Illawarra Mercury, 17 September 1920, p.1. 46 Organ, Reminiscence of Illawarra by Alexander Stewart’, p.24. 47 WCL, ‘Plan of the road through the district of Illawarra’, (1833), Elliot, P., Online Catalogue, BRN: 190980. https://wollongong.spydus.com/cgi-bin/spydus.exe/ENQ/WPAC/BIBENQ?

20 Assistant Surveyor Phillip Elliot provided a plan of the old Dapto Road through the Illawarra district and this plan has been illustrated to show Charcoal Creek crossing location in 1833.

As the thesis research continued, it became apparent that both a need for a road and the road itself created turmoil not only within military and government ranks but also within the community. To under the context research then began to focus on colonial protests. Barton (1889),48 Hughes (1988) provided information on an act of rebellion within the military and political ranks49 and Ian Kuring in 2004 wrote on Australian military history. It became apparent that civil unrest was present in the colony and examples included the Castle Hill Rebellion in 1804 and the of 1808. Kuring provided an explanation of the Australian Infantry history from the British Marines to combatants and peacekeepers.50 Some events that occurred between 1795 and 1821 included the NSW Corps headed by Major George Johnston, one of the first five land grantees near Lake Illawarra. He challenged each new Governor on their arrival regarding their convict policies with an aim of protecting their own commercial interests.51

While there is a view that protests about road construction such as freeways going through disadvantaged neighbourhoods commenced in more recent times,52 this research uncovered different forms of protest on the road alignment in state archive manuscripts. In 1830 James Spearing, a prominent and powerful landholder, expressed his dissatisfaction to the government as Illawarra's Five Islands were fully occupied and a road through the district was required to cease an individual landholder’s continual dispute over access to the old Dapto Road.53

Many protest letters and petitions were sent to various Governors between 1829 and 1843 regarding a road alignment. This thesis identified petitions for and against a new road and there was one petition for road maintenance.54 Gurr’s recent arguments about people rebelling when angry and when they believe they have nothing to lose but gain through their action might be a useful starting point for further research into these early environmental protests.55

In 1997 Jim Hagan and Andrew Wells edited the first scholarly book on a comprehensive history of Wollongong and its region. Organ and Speechley acknowledge Illawarra Aborigines and their arrival of

48 George Burnett Barton, The History of New South Wales from The Records: vol I, Governor Phillip 1783-1789 (Sydney: Charles Potter, Government Printer London: Trubner and Company, 1889), pp.471-474. 49 Robert Hughes, The Fatal Shore: A History of the Transportation of Convicts to Australia 1787- 1868 (Sydney, NSW: Pan Books in association with Collins, 1988), pp.430-432. 50 Ian Kuring, Redcoats to Cams: A History of Australian Infantry 1788–20 (Loftus, NSW: Australian Military History, 2004), p.5. 51 ADB, ‘Johnston, George (1764–1823)’, http://adb.anu.edu.au/biography/johnston-george- 2277/text2925, (1967), (accessed 11/2/2017). 52 The Daily Telegraph, 10 February 2015, https://www.dailytelegraph.com.au/news/breaking- news/minister-criticises--protests/news-story/749ca1803ff74b03848471a345f9ed10, (accessed 21/12/2017). 53 SR NSW, Letter 30/1120, CS to S-G, NRS 1001, 22 September 1830, p.467. 54 SR NSW, Letters/Petitions to CS 1826-1845, NRS 906. SR NSW, Letters/Petitions to S-G 1820- 1855, NRS 13751. 55 Robert T. Gurr, Political Rebellion: Causes, outcomes and alternatives (London and New York: Routledge Taylor & Francis Group, 2015), 51p.

21 the Thurawal people on the coast over 30,000 years ago.56 McQuilton identifies this social demand on the government because of economic development, government land policies and a changing social landscape57 while Lee uncovers unknown developing industries in the region and their economic impact with development. The wool industry was unsuccessful because of climatology but more known successful industries like mining became established from 1844 and stayed.58 Glenn Mitchell’s chapter on Illawarra’s scenery explores authors and artists from 1827 that captured the region’s “Garden of NSW” landscape. Mitchell explains how they promoted and encouraged the first nature - loving tourist to this area.59 This provided context as to why the colonial tourist would venture so far and why their feedback was important. Newspapers regularly provided internal correspondence articles from travellers on the road and their experience using various roads.

Sheldon describes a development of local government up to 1947.60 Patrick Fleming provides an account of local government in the Illawarra between 1843 and 1858. He describes the Municipality as consisting of mainly dairy farmers.61 Both Sheldon and Fleming provided context as to why the new road was not maintained. The government sought to transfer any upkeep of local roads to the local landowners. Frederick Larcombe provides a history of NSW local government and an implementation of the Parish Roads Act 1840. The landholders were to establish a Road Trusts for road maintenance by establishing a rate/levy on landowners or toll for road users. An implementation of the Act was unsuccessful as the landowners had no funds.62

Andrew Kelly describes an origin of the local District Rural Councils under Governor in 1842. The Constitution Act 184263 was introduced because the colonial government was no longer willing to provide expenses for an administration of justice and police within the district. This legislation required the District Councils to raise property taxes for maintenance of gaols, roads, bridges, public buildings and schools. developed ‘Coolangatta’ estate and he became an appointed member of the Legislative Council in 1828. As a result of this 1842 Act Berry sought legal action against the District Council and won. He was able to retain his autonomy of his estate without paying rates. Opposition to paying rates was solid especially where landholders had soaring property values due to

56 Michael Organ and Carol Speechley, 'Illawarra Aborigines', in Jim Hagan and Andrew Wells (eds), A History of Wollongong (Wollongong, NSW: UOW Press, 1997), p.9. 57 John McQuilton, 'Settlement', in Jim Hagan and Andrew Wells (eds). A History of Wollongong (Wollongong, NSW: UOW Press, 1997), pp.23-29. 58 Henry Lee, 'Rocked in the Cradle: The Economy 1828-1907', in Jim Hagan and Andrew Wells (eds). A History of Wollongong (Wollongong, NSW: UOW Press, 1997), p.36. 59 Glenn Mitchell, 'The Garden of the Illawarra', in Jim Hagan and Andrew Wells (eds). A History of Wollongong (Wollongong, NSW: UOW Press, 1997), pp.144-145. 60 Peter Sheldon, 'Local Government to 1947', in Jim Hagan and Andrew Wells (eds). A History of Wollongong (Wollongong, NSW: UOW Press, 1997), p.101. 61 Patrick Fleming, The Illawarra District Council of 1843-1858: an account of the first attempt at local government in the Illawarra District of NSW (Wollongong, NSW, 1970), p.1; p.18. 62 Frederick Arthur Larcombe, The Origin of Local Government in New South Wales, 1831-1858 (Sydney, NSW: Sydney University Press, Local Government Association NSW, Shires Association of NSW, 1973), pp.150-152. 63 Parliament of NSW, 1822 to 1842 - The First Legislature: The Constitution Act 1842, https://www.parliament.nsw.gov.au/about/Pages/1822-to-1842-The-First-Legislature.aspx , (accessed 18 January 2018).

22 government-funded infrastructure.64 It appears that the British Parliament did not envisage a local government system in the British Colony as it took 70 years before a creation of The Municipalities Act 1858.65

Margaret Dillon's 2008 research on convict in Campbell Town Tasmania showed how powerful white settlers during the 1830s built their wealth from an establishment of land grants.66 Those families who stayed, consolidated their wealth and created family networks, mainly through inter-marriage, with an aim of establishing wealth, success and sometimes political ambitions within a district. Similar observations were made with some free settlers in the Illawarra, especially the Jenkins Family who held one of the first five Illawarra land grants. William a son of Robert Jenkins, who was one of the first five land grants in the Illawarra, developed the 'Berkeley' estate and built a large house for his eleven children. William became a first aldermen of the Central Illawarra Council in 1859 and the Mayor in 1868.67

Dillon found that some settlers increased their wealth, sold their land grants and returned to Britain to improve their middle-class existence.68 The Illawarra has a similar example. James Spearing, who had regular communication with the Governor about his property development, was a main advocate for development of the road and after ten years of residency and once the road commenced, he sold his estate in 1835 and returned to Britain to live a life of a gentleman.

Road Works There is a vast body of work on a history of roads. Within this material, there are many books that locate the Dapto Road in a broader historical context – that roads are vital to facilitate and improve ways of getting goods to market. In order to understand how the road was made, reference was made to the colonial road designers and builders. This provided an understanding about some different type of colonial road construction that was available at this time. The NSW State Mitchell Library provided works by John Burgoyne's in 1857 on road and drainage examples in Van Diemen's Land69 and Charles Hargrave's 1908 collection on colonial roads, drainage and bridges.70 John Coane et al in 1908 provided

64 Andrew H. Kelly, ‘The Development of Local government in Australia, focusing on NSW: From Road Builder to Planning Agency to Servant of the State Government and Developmentalism’, (UOW), pp.1-4, http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1542&context=lawpapers, (accessed 8/10/2017). 65 Frederick Arthur Larcombe, The development of local government in New South Wales ( F.W. Cheshire, 1961), p.129-130. 66 Margaret C. Dillon, ‘Convict labour and Colonial Society in the Campbell Town Police District 1820-1839’, (Thesis, Bachelor of Arts with Honours, Degree of Doctor of Philosophy, University of Tasmania, April 2008), pp.299. 67 WLRC, Mayors (1959-1934) and Presidents (1934-1947) of Central Illawarra Council. 68 Dillon, ‘Convict labour and Colonial Society …’, pp.258-259. 69 John Fox Burgoyne, Maintenance of Macadamised Roads. (Sydney: Reprinted by William Hanson, Government Printers, 1857), pp.23-25. 70 Charles Townshend Hargrave, Road Making: A Manual of the principles of practice of road making: as applicable to Australia, South Africa and other countries with similar climates (Melbourne, George Robertson and Co. Pty. Ltd, 1908), pp.1-45.

23 illustrations on road machinery and different type of roads used in Australia71 and Herbert Jacobson’s 1940 thesis on the History of Roads from Ancient Times to the Motor Age provided additional information on any pioneers of modern road construction and their methodology in construction.72

In 1922, Gordon Maxwell Lay completed a comprehensive study in his Ways of the World: A History of the world’s roads and of the vehicles that used them. This book not only covered the world's roads, highways, bridges but also their users and this provided a different perspective. He noted that a first engineered pathway was made by the Celts in Glastonbury, England about 3,300 years BC and the Romans began to build the Appian Way 312 years BC for economic, strategic and social progress.73 Leigh Edmonds in 1996 published The Vital Link: a History of Main Roads Western Australia 1926-1996 which is concerned with a vital connections between road network growth, change, progress and development.74 Other useful books included William Kaszynski’s The American Highway: The History and Culture of Roads in the United States who argued that a National System of Interstate Highways” was essential for the national interest75 and Terry Ruscin’s A History of Transportation in Western North Carolina: Trails Roads Rails and Air, details a vital market routes used by some fearless American pioneers. One example he writes about is ‘The Buncombe Turnpike’ which was constructed 1824-1828 to open up North Carolina for settlement and trade.76 Peter Frankopan’s book, The Silk Roads explores a connection between new world development and roads. He recounts a history of twenty-five famous roads celebrated for their significance with trade, faith, war, agriculture, gold, revolution, tragedy, catastrophe or silk. The Silk Road was important for trade between Greece and China during first and second centuries BC. The Roman and Kushan Empires benefitted from commerce created by a route along the Silk Road.77 This can be said of coastal roads in the Illawarra as earlier tracks were used for trade or hunting by the Thurawal people for at least 30,000 years. The track became a road from 1835, followed by settlement and several industries to sustain development of the Illawarra.

For such a fundamental part of colonial NSW, historians have given roads scant attention. The RTA Thematic History of NSW Roads lists less than 20 works by historians on a history of roads - and three of these are by the one author.78 One significant source is The Roadmakers. A History of Main Roads in New South Wales published by NSW Department of Main Roads in 1976. Yet there is a more recent and growing body of scholarship on road construction in NSW. Grace Karsken has provided both historical

71 John Coane, Henry Coane, Jnr John Coane. Australasian Road: A Treatise, Practical and Scientific on the Location, Design, Construction and Maintenance of Road and Pavement (Melbourne: George Robertson & Co Pty Ltd, 1908), pp.152-161. 72 Herbert Reinhold Jacobson, 'A History of Roads from Ancient Times to the Motor Age', (MA Civil Engineering Science, Georgia School of Technology Atlanta, Georgia, 1940), pp.27-142. 73 Maxwell Gordon Lay, Ways of the World: A History of the World’s Roads and of the Vehicles that Used Them (Sydney NSW: Primavera Press, 1993), p.53. 74 Leigh Edmonds, The Vital Link: a History of Main Roads Western Australia 1926-1996 (Nedlands, WA: University of Western Australia Press, 1996), 516 p. 75 William Kaszynski, The American Highway: The History and Culture of Roads in the United States (Jefferson, North Carolina: McFarland & Company Inc., 2012), p.166. 76 Terry Ruscin, A History of Transportation in Western North Carolina: Trails Roads Rails and Air. Charleston, SC: History Press, 2016, 272p. 77 Peter Frankopan, The Silk Roads: A New History of the World, (London UK, Bloomsbury Publishing Plc, 2015), 636 p. 78 Kass, 'RTA Thematic History …’, pp.117-118.

24 context and archaeological findings for two important colonial roads - one being Cox's Road79 and another at the Wiseman Ferry convict stockade site which is part of the Great North Road.80 Her leadership in this field of study inspired other historians such as Ian Webb81 and Paul Budde’s account of the convict-built Great North Road. Webb provided an overall description of a convict system using the Great Northern Road as a backdrop to his story but relevant to any convict road gang in colonial NSW.82

There are eleven awarded world heritage listing and part of the Old Great North Road forms one of four sites in NSW included in this listing.83 These works of Webb, Budde and others enabled and inspired others who formed the Convict Trail Project,84 a group of people who made a world heritage listing a reality. The potential heritage listing for the road created another layer of complexity which was briefly explored. Karskens work inspired a visit in 2014 to both the Great North Road and Cox’s Road in the Blue Mountains where Siobhan Lavelle and Anne-Marie Whitaker provided a site tour of the Cox’s Road.85 Siobhan Lavelle (2013) and Anne-Marie Whitaker have written separately on a construction of Cox's Road and it was evident that a design of this road and its construction was determined largely by the topography and geology of a site.86 However, a basic fundamental principle of road construction was well established in Europe and England and implemented here as best practice. 87

Ozroads online provides reports on Governor Macquarie being responsible for the first main road in NSW and first toll road to . Even though roads were poorly funded, he managed to build other roads such as Liverpool Road, Windsor Road, Woodville Road, Penrith Road and Cox’s Road to Bathurst.88

Recent scholarship on road construction in NSW has begun to examine in detail contribution of convicts. In 1948 the Department of Main Roads acknowledged that the was built by convicts. This was a belated recognition of convict contribution to road development.89 More recently a history of the Hume Highway was rewritten and an acknowledgement of convict contribution had expanded to

79 Grace Karskens, Historical and Archaeological study of Cox's Road and the early crossings of the Blue Mountains New South Wales. (Sydney: Crowns Land Office, Bicentennial Project Unit, 1988), 165p. 80 Grace Karskens, 'The Convict Road Station Site at : An Historical and Archaeological Investigation', The Australian Historical Archaeology, no. 2 (1984), pp.17-26. 81 Ian Webb, Convict Road Gangs 1826-1836. Wahroonga, NSW: Convict Trail Project, 2003, p.10. 82 Ibid. 83 Office of Environment and Heritage, The Old Great North Road, http://www.environment.nsw.gov.au/nswcultureheritage/TheOldGreatNorthRoad.htm (accessed 4/1/2018). 84 The Convict Trail Project Inc. Caring for the Great North Road. 2014, http://greatnorthroad.com.au/,(accessed 4/1/2018). 85 Paul Budde, 'The Convict Trail: 1990-2005'. Australian Journal of Multi-Disciplinary Engineering, vol. 4, no. 1, (2006), pp.77-78. 86 Anne-Maree Whitaker. William Cox and Cox's Road: A Bicentenary Souvenir. Edgecliff, NSW: WriteLight Pty Ltd, 2014, 144 p. 87 Siobhan Lavelle, 1813 A Tale that Grew in the Telling. (Sydney, NSW: Write Light Pty Ltd, 2013), 230 p. 88 Ozroads, 'NSW Road History,’ http://www.ozroads.com.au/NSW/history.htm, (accessed 11/12/2017). 89 DMR. 'Historical Roads of New South Wales: Hume Highway'. pp.124-125.

25 cover various convict-built roads between 1835 and 1843 within Camden County.90 The 1951 Department of Main Roads Journal on a history of the Prince's Highway recognised a convict contribution and referred to Mitchell's announcement that he had marked out a road between Wollongong and Dapto in 1829.91 The Roads and Maritime Services’ more recent publication on bridges acknowledged that construction costs were kept low with a use of convict labour.92

Kass completed a Thematic History for the Roads and Traffic Authority in 2006 as a basis for the Authority’s Heritage and Conservation (Section 170) Register. He said Illawarra had a series of tracks but they were not formed as roads. Settlers applied pressure on the government for roads and it was Bourke who realised potential for the coast and instructed Mitchell to survey a route through Appin to Illawarra in 1834. This road connected to O’Brien’s Road and it went along the top of Illawarra Escarpment to connect to the Bulli track over the Escarpment.93

Rosemary Broomham’s book Vital Connections: a history of NSW roads from 1788 focuses on the role of roads in NSW, highlighting their role in the colony’s social and economic development history. She introduces Macquarie's ambitious road building program and how he was berated by the British government for his excessive spending on roads. As a result, the colonial government developed new convict policies to reduce road building costs.94

While roads in NSW are attracting increasing historical scholarship, roads in the Illawarra is a smaller body of work. A history of roads in the Illawarra is yet to be written, even though their construction and use were fundamental to this district's development. Early land transport routes into the Illawarra were nothing more than 'a series of rough tracks'95 originally made by the Wodi Wodi people, and other people of the Dharawal nation who occupied areas around Lake Illawarra.96 McDonald in The Oldest Road, a booklet of his lecture to the Illawarra Historical Society in 1970, contains important details about a construction of early roads into Wollongong by coming over the Illawarra Escarpment. On another hand, Winifred Mitchell and Sherington’s Growing Up in the Illawarra: a social history, 1834-1984, does not

90 Peter FitzSimons, ‘The . History begins with a road’. (RMS, 2013), pp.2-11, p.29, p.48, http://www.rms.nsw.gov.au/documents/projects/south-western/hume-highway/history- begins-with-a-road.pdf , (accessed 2 January 2018). 91 DMR [RMS]. 'Historical Roads of New South Wales: The History of the Prince's Highway' Journal of Department of Main Road NSW, (ext) Vol. XVI, no.3 (March 1951), p.77. 92 Ian Berger, ‘Masonry Bridges: Heritage Study of Masonry Bridges in NSW’, RTA [RMS], Environmental Technology, 2005, p.3, http://www.rms.nsw.gov.au/documents/about/environment/bridge-types-historical-overviews- 2006_masonry.pdf, (accessed 8/10/2017). 93 Kass, 'RTA Thematic History …’, p.15. 94 Rosemary Broomham. Vital connections: a history of NSW roads from 1788. (Alexandria, NSW: Hale & Iremonger in association with the Roads and Traffic Authority, 2001), p.33, p.36. 95 Kass, ‘RTA Thematic History …’, p.13. 96 Wollongong City Council, Aboriginal Communities: The original Aboriginal inhabitants of the Wollongong area are the Dharawal people, http://www.wollongong.nsw.gov.au/services/community/pages/aboriginal.aspx#gref, (accessed 20/5/2016),

26 list roads in its index!97

The Roadmakers by the Mains Roads Department notes a relationship between a growth of Illawarra's population from the 1820s and a pressure this growth brought for colonial authorities to build roads.98 In 1834 surveying began on a route from Appin to Wollongong and in 1835 work began on a road from Broughton Pass to Mount Keira. As Kass notes

(This road) It connected with an existing road privately built by Cornelius O'Brien, and then carried on to connect with Bulli and southwards to Saddleback Mountain and a road marked to Bong Bong. A new route down discovered in 1836 became the preferred route down the Escarpment into the Illawarra in later years. Mitchell also surveyed another road to the Illawarra along a more direct route than the , from Cooks River across the Georges River at Lugarno through Menai to Mount Keira. It was cleared in 1843 but was not used by travellers to any great extent.99

Put another way, a relationship between population growth and a demand for roads is a crucial one in the Illawarra. The Dapto Road is but one example where population growth and a demand for certainty in transport links combined to ensure economic growth led to its construction. This thesis argues that most residents supported a new line road to replace the old Dapto Road for a simple reason - in heavy rain it became impassable and even in dry conditions it was inadequate to haul heavy loads.

The words 'most residents' have a particular importance because not everyone wanted a new road to Dapto. Some objected to what they saw as environmental damage when it went through their property. Others preferred the road's original alignment as it was shorter and easier to use because of a flat topography and had fewer creek crossings. Some only wanted the old bridges rebuilt and the old Dapto Road strengthened to hold heavier traffic which was an arrangement supported by Mitchell prior to the Governor's visit in 1834.100

Convicts Central to a construction of the Dapto Road are its convict labourers. This review of published and unpublished materials begins with its workers. The Mitchell Library and convict records in NSW State Archives & Records provided primary materials which exceeded beyond capacity of this thesis to examine and use. The Mitchell alone has more than 4900 items on convicts.

Newspapers were a vital part of this research and more so since an introduction by the National Library of Australia of its digitised newspaper collection. The Sydney Gazette and New South Wales Advertiser, the first newspaper published in this colony and received most of the government’s diverse range of material such as public notices, advertisements, letters and agricultural reports. The Monitor founded in Sydney 1826, supported convicts ‘who were after all still Englishmen’ and changed its name The Sydney Monitor

97 Winifred Mitchell, Geoffrey Sherington. Growing up in the Illawarra: a social history 1834-1984. (Wollongong, NSW: University of Wollongong, 1984), p.157. 98 The Department of Main Roads. The Roadmakers. A History of Main Roads in New South Wales. (Sydney: Department of Main Roads, New South Wales, 1976), 335 p. 99 Kass, ‘RTA Thematic History …’, p.16. 100 SR NSW, Letter 40/1131, MEM. 40/39, Petition to Gipps, NRS 13731, 1/2/1840.

27 in 1828.101 The Sydney Monitor recorded general information about industrial development such as the cedar industry between 1805 and 1839 and the old road to Dapto was inadequate for cedar hauling. The Sydney Herald generally contained information on local inhabitants such as contractors who worked on a road or supplied goods for most road workers.

The Illawarra Mercury founded in 1855 provided local content and described a general opinion of a community post road construction, but it should be noted that this paper was published well after the road’s completion. In June 1905 an article recalled a day when a discovery of 'a pair of convict rust-eaten leg-irons' were uncovered at the Mullet Creek Bridge stone quarry near ‘Stream Hill’ farm that was in operation in 1838 at West Dapto which again confirmed that convicts worked on the bridge.102

Manuscript evidence was not restricted to convict records. The thesis draws heavily on many colonial manuscripts such as colonial correspondence that referred to an ongoing struggle to maintain power within certain corridors of Macquarie Street. It became evident that poor communication inflamed power and control between departments. The road construction and procurement processes were comparatively similar with current day practices but the convicts worked in harsh conditions with minimal resources.

The following Figure provides an impression of government departments involved in this road build. The shaded boxes were directly involved in the road works or workers.

Figure 4: Colonial Government and Road Builders 1834-1844 Governor Richard Bourke arrived late 1830 and made most of the colony’s major decisions over a period of six years. He had a firm agenda regarding convicts: he wanted to destroy any power of the magistrates

101 Alan Atkinson, ‘The Free-Born Englishman Transported: Convict Rights as a Measure of Eighteenth-Century Empire.’ Past and Present No. 144, (August 1994), p.88. 102 Illawarra Mercury, 27 June 1905, p.5.

28 and their cruel punishment on convicts103 In 1831 Illawarra received a Police Superintendent stationed at Wollongong and by 1832 there was also a corporal and three troopers.104 Bourke's plan for the Mounted Police to become a key component of policing was when Illawarra became part of a much bigger picture.105 In 1838 Sir George Gipps replaced Bourke but he was mainly concerned about the abolition of in the colony as most convict gangs did not reform as expected in accordance with the colonial convict policy.106

Important decisions for the road were made either by Bourke or the two Colonial Secretaries, Alexander McLeay and Edward Deas Thomson between 1834 and 1844. Each managed all requests and controlled what went through to the Governor. McLeay was appointed Colonial Secretary by Governor Richard Darling in 1825 and he was a compulsive worker. However, Bourke did not trust him because of his connection with Darling and in 1835, Bourke unexpectedly announced that McLeay would retire within a year and be replaced by his son-in-law Edward Deas Thomson. Thomson won Bourke's approval by his competence and he married Bourke's second daughter Anne Maria in September 1833. McLeay did not accept his decision and left beforehand but after Bourke was recalled in 1838, McLeay in consultation with Gipps claimed compensation for 'injurious misrepresentation'.107 The government departments had several minor restructures during construction but when Thomson replaced McLeay a major restructure occurred for the Civil Establishment. The construction of roads and bridges passed from the Surveyor- General Mitchell to the Royal Engineers Department under Lieutenant-Colonel George Barney.108

The economic historian Gordon Beckett explains some economic drivers for development of the colony and in the Illawarra. He identified a rise of the pastoral industry, creation of crown land policy, controlling land sales, squatting licenses and speculators.109 They also included re-setting boundaries of location and establishing land for future townships, churches and schools as prominent features with the government funds generated from repayments, license fees, depasturing fees and rents.110 From 1788 a need of a rapidly expanding economy and its demanding population sets the scope for a successful government business operation. Farms provided the settlers with fresh grains, vegetables fruit and dairy products. A demand for housing and public buildings created a continuous need for stone blocks, bricks, tiles and timber framing for floors, walls and roofing. An interior fit-out of a building required door, hinges, windows and even furniture. The government business enterprise provided several government

103 ADB, ‘Bourke, Sir Richard (1777–1855)’, (1966), http://adb.anu.edu.au/biography/bourke-sir- richard-1806/text2055, (accessed 23/9/2015). 104 Michael Organ, Arthur P Doyle, 'Historical Records of the Illawarra Region of NSW 1770-1855, A Chronological Guide to Sources and Events,' (UOW, January 1995). https://www.uow.edu.au/~morgan/ilchron3.htm , (accessed 15/10/2017). 105 Organ, 'The Story of the Illawarra Stockade …’, (accessed 20/3/2015). 106 John B Hirst. Convict society and Its Enemies: a history of early New South Wales. (Sydney, NSW: George Allen & Unwin Australia Pty Ltd, 1983), p.211. 107 Parliament of NSW. Mr Alexander Macleay (1767-1848). https://www.parliament.nsw.gov.au/members/formermembers/Pages/former-member- details.aspx?pk=205, (accessed 16/9/2014). 108 Ian Berger, ‘Masonry Bridges …’, p.9. 109 Gordon Beckett. A Brief Economic History of Colonial NSW. The Golden years of the Colonial Era-re-examined. (Bloomington IN, United States: Trafford Publishing, 2012), 200 p. 110 Gordon Beckett. A Collection of Essays on the Colonial Economy of N.S.W. (Gatton, Qld: Colonial Press, 2012), p.152.

29 services centres for timber camps, timber yards, lumberyard and stone quarries. The government then moved into providing goods and services with convict gangs for road making, land-clearing, grass-cutting and ferrying services. As the colony spread away from the Commissariat foundations had been set for a creation of secondary industries and government business enterprise was shared between public and private sectors.111

There is an extensive body of historical scholarship on convicts in NSW and on domestic factors in the United Kingdom that saw British administrations introduce convict transportation to a new colony. AGL Shaw thoroughly explored the theory and practice of transportation across the world for criminal punishment and as a social experiment. He examined 80 years of transportation in Australia and some opinions of officials responsible for the convict transportation system.112 Hirst analysed the convict system for its efficiency and well established processes113 while Oldham explained how the convict transportation system worked.114 Neal analysed a role of legislation in development of the colony without a democratic process.115 Atkinson provided an arguments for and against ‘trial by jury’ and how it may well work for the British colonist within a denominated convict and Aboriginal society.116

Nicholas Convict Workers studied and quantified the convict indents of NSW and Van Diemen’s Land. His findings changed and challenged public perception of convicts as common illiterate thieves. He described them instead as workers who supplemented their income with felonies. Nicholas argued that 40% of young skilled convicts had a trade.117 His findings were challenged by Ralph Shlomowitz an economic historian, who questioned its trustworthiness of the data supplied by the convicts whose characters were also questionable.118 Their literacy rate was high with 75% being able to read or write.119 Nicholas provided evidence that the colonial government treated the convicts well as they were considered as a productive asset.

Later, Nicholas and Oxley began to explore the concept of convict punishment as a management tool for work outputs.120 The brutality of floggings and reduced rations, inadequate clothing and poor accommodation were all designed to force compliance. It is uncertain what the living conditions were

111 Gordon Beckett. The Enterprising Colonial Economy of New South Wales 1800-1830: being The Government Business Enterprises and their Impact on the Colonial Economy 1788-1830. (Colonial Press Gatton QLD, 4343, 2012), pp.69-70. 112 Alan George Lewers Shaw. Convicts and the Colonies. A Study of Penal Transportation from Great Britain and Ireland to Australia and other parts of the British Empire. (London: Faber and Faber, 1966), 399p. 113 Hirst, Convict society and Its Enemies …, pp.212-216. 114 Wilfred Hugh Oldham (ed), Britain's Convicts to the Colonies, (Sydney, NSW: Library of Australian History, 1990), 270 p. 115 David Neal. The Rule of Law in a Penal Colony: law and power in early New South Wales. (Cambridge: Cambridge University Press, 1991), 249 p. 116 Atkinson, ‘The Free-Born Englishman Transported ..., pp.88-115. 117 Stephen Nicholas (ed), Convict Workers: reinterpreting Australia’s past, (Cambridge, Cambridge University Press, 1988), Table 5.5, p.72. 118 Ralph Shlomowitz, ‘Convicts workers: a review article’, Australian Economic History Review, XXX, no 2, (September 1990), pp.72-84. 119 Nicholas, Convict Workers: reinterpreting Australia’s past …, Table 5.2, p.66. 120 Stephen Nicholas and Deborah Oxley, ‘Understanding convict workers’, (Bedford Park, S. Australia: Flinders University of South Australia, Discipline of Economic History, 1990, pp.101-102.

30 like for the convicts on the Dapto Road but in 1837 Charles Newell’s description, a convict located at the Figtree stockade, appeared to give a satisfactory assessment of their living conditions during a court hearing. However, Lady Jane Franklin’s diary description in 1839 was not favourable of the Wollongong stockade.121 Nicholas’s argument that physical punishment was used to maintain work outputs was not identified in this thesis. The laborious work within the harsh environment was punishment enough. The convicts were not pressured or flogged to achieve faster outputs and the convict overseers were not motivated to put pressure on the iron gang especially if they were not being paid or supported by the military officers who managed their affairs at the stockade.

Karskens, Thomas Gunn and Catherine Walker have each explored the management of convict iron gangs and whether punishment was used to obtain successful outputs.122 Karskens used the archaeology of Cox’s Line of Road and the Great North Road to show clear evidence of skill levels necessary for the construction of the stone culverts and bridges. She found the efficient use of semi-skilled gangs by highly trained overseers and human managerial styles that improved output.123 Gunn found from archive manuscripts, that the Flinders Island iron gangs were complimented with the use of billeted convict tradesmen to improve work output on public building works.124

Robson studied the origins and character of the convicts and how they came from a unique subgroup in England.125 He has contributed to the argument that convict transportation played a major role in the economic and social development of Australia. He has argued the importance of cheap labour and how it was essential for the development of the colony126 but that soon changed into the plight of the convicts both in Britain and in NSW.127

Manning Clark in 1968 portrayed convicts as being the criminal class of Britain.128 They had a certain character and upbringing and this made them outcast of British society and labelled as professional criminals.129 It became clear why for generations the notion that the convicts were a distinct and separate criminal class and they were deliberately forgotten. Correspondence between the Civil and Military Establishment displayed similar rationalised criteria for the selection process but this system struggled

121 Organ, ‘The Illawarra Diary of Lady Jane Franklin’ … p.11. 122 Catherine Walker, 'Sentence in Irons: Convict Chain Gangs in Colonial Van Diemen’s Land', (Thesis, Bachelor of Arts with Honours in History, School of History and Classics, University of Tasmania, 2004). 123 Grace Karskens, ‘Defiance, Deference and Diligence: Three Views of Convicts in New South Wales Road Gangs’, Australasian Historical Archaeology, 4, (1986), pp.17–28. 124 Thomas Gunn, A Vile Set? An Assessment of the Flinders Island Convict Work Gangs 1831 – 1839, (Thesis, Bachelor of Arts with Honours in History, School of History and Classics, University of Tasmania, 2003). 125 Leslie Lloyd Robson, The Convict Settlers of Australia. An enquiry into the Origins and Character of the Convicts transported to New South Wales and Van Diemen's Land 1788-1852. (Carlton, Vic: Melbourne University Press, 1965), pp.115-130. 126 Robson, The Convict Settlers of Australia, p.105. 127 Ibid. 128 Manning Clark, A . New South Wales and Van Diemen's Land 1822-1838. vol 2, (Melbourne: Melbourne University Press, 1968), p.10. 129 Ibid. p.12.

31 when demand outweighed the supply of convicts.130

In 2013 Richard Tuffin argued

From the moment that convicts stepped ashore in Australia, their labour was appropriated to the cause of building and sustaining the colonies. Their deployment in the extraction of raw materials, building construction or agricultural development resulted in a complex interaction between the disparate and constantly shifting motivations which governed the Australian convict system.131

While Gojak in 2001 argued that

confinement was never a dominant method of control for incoming convicts it was the deprivation of their liberty and the uncertain future on the other side of the planet was the intended punishment, although the evident good fortune enjoyed by many convicts made this less of a threat.132

Arguments developed and Robbins provided insights into convict work and how and why convicts were used by colonial administrations. Their writings challenged earlier accounts about convict policy and the use of convict labour as redemptive and rehabilitation initiatives.133

A popular conclusion about convicts and their sentences has been that the laws were harsh on those who committed petty crimes, or convicts were treated as if they were all professional criminals or prostitutes.134 Convicts attracted relatively little recognition until recently when Karskens and the work of the documentary photographer Mine Konakci in 2011 revealed the connection between convict settlers and their descendants.135 However, the stereotypes of demoralised convicts dragging a ball and chain are still played out at parties, tours, displays, postcards and websites. Karskens destroys the stereotype of a brutal colony when she describes how the traditional class divisions were crossed in a convict society.136 Karskens' work is best exemplified in Alexander Stewart who was transported for 14 years to NSW for stealing in a shop and arrived in 1828. He was placed in private assignment as a boot maker in Wollongong until he received his Ticket of Leave in 1834 approximately seven years after his conviction. Three years later Alexander was ‘appointed a Police Constable’ based on his good character and standing in the community and he remained a Police Constable and Pound Keeper for the Illawarra until he resigned in September 1841.137

130 SR NSW, Letter 35/10, Otway to DS-G, NRS 13731, Item 2/1698, 6/6/1835. 131 Richard Tuffin, 'Australia's Industrious Convicts: A reappraisal of archaeological approaches to convict labour', The Australian Archaeology, no. 76 (2013), p.1. 132 Denis Gojak, 'Convict archaeology in New South Wales: An overview of the investigation, analysis and conservation of convict heritage sites'. The Australasian Historical Archaeology, vol. 19, (2001), p.74. 133 William Murray Robbins, ‘Management and resistance in the convict work gangs, 1788–1830’. Journal of Industrial Relations, vo. 45, Issue 3, (2003), pp.360–377. 134 Nicholas and Oxley, ‘Understanding convict workers’, pp.101-102. 135 Mine Konakci, 'A Convict in the Family? Travelling Exhibition,' 2011, Sydney Living Museums, http://sydneylivingmuseums.com.au/exhibitions/convict-family, (accessed 6/6/2016). 136 Grace Karskens, The Colony: A History of Early Sydney. (Crows Nest, NSW: Allen & Unwin, 2010), pp.10-11. 137 Organ, ‘Reminiscences of Illawarra by Alexander Stewart,’ p. iv.

32 In the early days of Sydney, the convicts were a social nuisance because they were paid for their labour with rum and became idle and drunk on the streets. Julie Barst in 2017 suggested that public opinion changed towards convict transportation partly because of the moral corruption within the new colony.138 In early Illawarra, there were more convicts than free settlers for decades until immigration arrived and then convicts blended into society as part of the working class.

On 18 December 1835 Bourke's dispatch to Lord Glenelg described the convicts in chains as being 'idle worthless thieves rejected by the settlers'139 but not criminal enough to be sent to . Bourke implied that the convict policy was not working. In turn he created an additional regiment to command the iron gangs for tighter control and the prevention of runaways.140 George Davies made a direct link with literacy and crimes and implied that good roads reduced crimes141 and Charles Mills, an American sociologist in 1958 has argued that ‘the expensive military establishment of government has had little effect in the overall scheme of bureaucracy’.142 Moreover, Dodge has argued that the Alabama state convict road gang system in the 1920s did not rehabilitate prisoners143 but the state saved large sums of money by exploiting convicts.144 He said that in 1928, convicts in the Alabama road gang were still given the most monotonous, labour-intensive and routine work previously established by other colonial countries.145 For the iron gang on Dapto Road, the hierarchy support was inconsistent with the guidance from the overseers, mechanics, government and military officers, due to poor communication and ongoing power struggles between the Military and Civil Establishment which at times was a major hindrance.

To determine how convicts were managed and whether they were successful Nicholas argued that the system was successful in matching convict skills to jobs,146 and George Davies recommended American prisoners in 1915 should have an honour system for reformation, re-adjustment and testing before discharging147 which supports the colonial convict policy of punishment and reformation as he was suggesting something similar to the Ticket of Leave Criteria within the colonial convict system. 148

This thesis does not attempt to understand the convict worker. Rather it attempts to determine whether

138 Julie M. Barst, ‘The Molesworth Report and the Dissolution of Convict Transportation to Australia, August 1838’, Britain, Representation and Nineteenth-Century History. (ed.) Dino Franco Felluga. http://www.branchcollective.org/?ps_articles=julie-m-barst-the-molesworth-report-and-the- dissolution-of-convict-transportation-to-australia-august-1838, (accessed 8/10/2017). 139 HRA, ‘Bourke to Lord Glenelg’, (18 December 1835), Series 1, Vol. IX, p.230. 140 Ibid. 141 George R. Davies, ‘Good Roads and Convict Labor’, Journal of the American Institute of Criminal Law and Criminology, vol. 5. no. (5 January 1915), p.778. 142 Charles Wright Mills, ‘The Structure of Power in American Society’, The British Journal of Sociology, vol. 9, no. 1, (March 1958), p.33. 143 Timothy Dodge, 'State Convict Road Gangs in Alabama'. Alabama Review, vol.53, no.4, (October 2000), p.243. 144 Ibid. p.248. 145 Ibid. p.245. 146 Nicholas and Oxley, ‘Understanding convict workers’, p.97. 147 Davies, ‘Good Roads and Convict Labor’, p.783. 148 Ibid. p.591.

33 the convict policy assisted the convict towards their reformation and new life.149 There is some evidence to support Dodge's argument. The overseer Robert Parkes absconded because the military officer had not paid him for five months and he feared losing his Ticket of Leave. He was not replaced immediately and this left the sentry in charge of the bridge work. However, both arguments are reflected in this research as the quality of workmanship depended on the quality of overseer and mechanics available and the skills of the convicts provided. The community witnessed the outcome and newspapers recorded the complaints such as The Sydney Herald on 28 September 1841.150 Both mechanics and overseers were in short supply and Mitchell was under pressure to build more roads.151

Kirsten McKenzie has argued that convict transportation faced significant debate as to whether it was an effective deterrent to crime and whether this government was trying to help and promote the convict system to influence the debate152 or was Bourke simply building as many roads as possible before convict transportation ceased. In 1838 the Molesworth Committee recommended abolition of convict transportation to the House of Commons.153 Public opinion began to shift in favour of stopping transportation to Australia due in part to the maltreatment of the criminals before, during, and after their journey to Australia. The Molesworth Report ended all innuendos about Transportation and Sir William Molesworth the Chair of the Parliamentary Select Committee recommended its termination.154 Convicts stopped arriving in NSW 1840 yet Martin Gibbs (2001) suggested that Western Australia could not get enough convicts in 1850 as they had not yet established their infrastructure and were the last frontier to embrace the policy until the convict transportation system ceased in 1868.155

Conclusion At a time when the principal communication in and out of Illawarra was by sea there were several other factors influencing construction. However, not having a suitable road to the harbour was the main factor for surrounding districts.

This chapter briefly sets out the scope and examines the central question of the thesis - why was the road built? There are two feasible explanations why the Dapto Road was built by the government and both explanations are briefly explored within the literature review. The first explanation has considerable merit as it is based on the need for shipping agriculture produce to the Sydney markets. There was a decline of support for the convict transportation system but this did not deter Bourke. The second explanation for the new road is because Bourke wanted to showcase his convict policy.

149 Nicholas and Oxley, ‘Understanding convict workers’, pp.97-105. 150 The Sydney Herald, 28 September 1841, p.2. 151 SR NSW, Letter 36/9, District Inspector Pedrana to S-G, NRS 13731, Bundle 2/1720, 22/8/1836. 152 Kirsten McKenzie, Scandal in the Colonies: Sydney & Cape Town, 1820-1850. Carlton, VIC: Melbourne University Press, 2004, p.127. 153 Unfit for Publication, '1837-38, Molesworth Committee Inquiry.' http://www.unfitforpublication.org.au/cesspools/90-1837-38-molesworth-committee-inquiry, (accessed 29/12/2017). 154 Barst, ‘The Molesworth Report and the Dissolution of Convict Transportation to Australia, August 1838’. 155 Martin Gibbs, 'The Archaeology of the Convict System in Western Australia'. Australasian Historical Archaeology, vol. 19 (2001), p.78.

34 The next chapter examines Illawarra's economy and the expansion of the agricultural and industrial producers who required road infrastructure.

35 Chapter 2

The Road Concept: 1815-1832 Introduction This chapter looks at the background to the building of the Dapto Road. Despite strong support for its concept from colonial authorities and many local farmers, James Spearing, a wealthy and influential local land owner, developed and introduced the main road concept to government officials and promoted the area and its residents, who he asserted were more than willing to assist the colonial government in the construction of the road. His contribution is important to the Dapto Road. He is part hero - he lobbied for the road - and also part villain - as he wanted the road to advantage him with its location and construction with little or no regard for neighbouring farmers and land owners.

Ideas about and development of infrastructure projects were not uncommon in early colonial governments. The following brief list of early projects undertaken between 1790 and 1832 points to an abundance of ideas and work – Old Government House at Parramatta and its gardens, Hyde Park Barracks built in 1819 and the Old Great North Road in the Upper Hunter. Each project is bound by many other public works in colonial NSW – convict labour. Colonial governments were highly reliant on convicts to provide cheap labour to carry out public works and the Dapto Road project satisfied the central criteria of a public initiative built by convicts. This was the start of the first coast main road and what remains may have outstanding heritage value.156 As an important part of exploring these matters, this chapter examines the broad economic and demographic contexts within which road construction was located and in doing so, the chapter examines whether the Dapto Road was built to increase access from Illawarra's growing surrounding agricultural and industrial districts to Sydney. Put simply, the road cannot be explained without examining the Illawarra's growth as it is within the district’s demographic and commercial context that this road is located.

Illawarra's Development The discovery of coal at Coalcliff in 1797 and promising pasture lands along the Illawarra’s coastal plain began to define for colonial governments the economic promise of the Illawarra district. Land grants in the Illawarra, which began with five land grants in December 1816, indicated that the district had economic potential. More developments followed. In 1934 the Illawarra Mercury ran a series of retrospective articles about the history of grazing and the opening up of the district's pasture lands. In part one article noted:

The discovery of … good pasture land in Illawarra led to the cattlemen of the older settled districts … obtaining permits from the Governor to run their stock on the grassed lands surrounding Lake Illawarra, extending … along the Valley of the . The natural obstacles to the passage of stock overland … were considerable. … and long before a passable route for stock, down

156 Department of the Environment and Energy, ‘National Heritage List Criteria’, (2017), http://www.environment.gov.au/heritage/about/national/national-heritage-list-criteria, (accessed 19/11/2017).

36 the mountain barrier, had been provided, cattle and other stock were brought there by boat.157

Land was settled in three distinct phases, free occupation grazing permits by the cattlemen, free land grants and finally crown land sales. The first phase was about the cattlemen who had free occupation grazing permits. Governor King permitted cattlemen to graze young cattle in Five Islands 1800-1806 around Lake Illawarra because of the drought.158 McCaffrey, a local historian, argues that Major George Johnston was the first cattleman to arrive on the coast by boat with his cattle between 1803 and 1804. The Illawarra Escarpment was an obstacle to the cattlemen who had settled on the drought-affected Tablelands behind the Escarpment to the west. Cattlemen arrived by boat from around 1812 and the newly appointed Surveyor-General John Oxley was ordered by Governor Macquarie to survey grants for the cattlemen with starving stock.159

Kass notes that the first consignments of cedar transported from Illawarra to Sydney took place in 1812160 and Lindsay sees the early pioneers of the Illawarra as either cedar cutters or cattlemen. These industries depended on the vast knowledge of local Aboriginal people and with their help the men found their way onto and around the coast.161 There were also significant consequences for Illawarra Aborigines who had to adjust to the changing environment first with escaped convicts arriving on the coast and bringing the deadly smallpox and other diseases162 followed by more cattlemen, cedar cutters, whalers and then massacres. Moreover, their country which had sustained them for thousands of years underwent dramatic change.

In 1815 Charles Throsby, a prominent colonial surgeon, grazier and explorer, arrived on the coast using a foot track near Bulli with the help of his stockmen. He built a hut for the stockman near the present-day corner of Smith and Harbour Streets163 and it took four years before he received his grant of 700 acres.164 A little less than two years later, Macquarie in his dispatch to Earl Bathurst on 12 December 1817 was pleased to say that a coastal plain south of Sydney suitable for ‘pasturage and agriculture’ was found.165 McDonald has written that Thomas Mitchell's 1830 General Map of the Roads provides evidence of the "old track" to the coast from Appin descending the Escarpment near Bulli.166

157 Illawarra Mercury, 9 February 1934, p.12. 158 Kass, A Thematic History of the City of Wollongong, p.18. 159 McCaffrey. The History of Illawarra and its pioneers, p.22. 160 Kass, A Thematic History of the City of Wollongong, p.16. 161 Organ and Doyle, 'Early Land Settlement …’ Benjamin Lindsay, pp.4-5. 162 Organ and Speechley, 'Illawarra Aborigines', pp.18-19. 163 Kass, A Thematic History of the City of Wollongong, p.16. 164 SR NSW, Colonial Secretary Land Supplementary List, NRS 898, Reel 6006. 165 HRA, Macquarie to Earl Bathurst, (No 40, 12 December 1817), Series 1, Vol. IX), p.713. 166 William Graham McDonald, 'The Oldest Road', Illawarra Historical Society Bulletin, (1979), p.22.

37

Figure 5: Plan Showing Road to Bulli from Appin– Mitchell 1834167 In 1816 Surveyors Oxley, Meehan and White surveyed the coast and surroundings of Lake Illawarra and noted that the coastal pastures were fully occupied by cattlemen under the promise of obtaining free land grants and convicts.168 On 2 December 1816 the first land grants were allocated to five cattlemen each of whom was a prominent support of Macquarie. In his dispatch to Lord Bathurst, Macquarie reported that the grants were given to a few settlers possessing ‘numerous flocks and herds’. Macquarie’s overall aim was to have a small chain of settlements and farms between Jervis Bay and , each connected with sea-going vessels.169 The first five land grants were given to Captain Richard Brooks, Major George Johnston, Robert Jenkins, David Allan and Andrew Allan Junior.170 These were the first land grants in the Illawarra to obtain deeds dated 24 January 1817. The first three had frontage to Lake Illawarra and the other two were on the Macquarie Rivulet.171 The sketch below shows the location of Throsby's

167 Phil Mulhearn, ‘Mapping the Georges River’, (2015), https://dictionaryofsydney.org/entry/mapping_the_georges_river, (accessed on 11/3/2018). 168 SR NSW, Surveyor Meehan, 1816, Field Book 126, NRS 13889 Reels 2622–2628. 169 HRA, ‘Macquarie to Earl Bathurst’, (No 8, 1818), Series 1, Vol. IX, p.795. 170 Bernard Thomas Dowd, The First Five Land Grantees and their Grants in the Illawarra. (Wollongong, NSW: Illawarra Historical Society, 1977), p.2. 171 HRA. ‘Macquarie to Earl Bathurst’, (No 8, 1818, Note 167), Series 1, Vol. IX, p.889.

38 stockman's hut, Red Point and the location of Dapto. 172

Figure 6: The First Five Land Grants 1816

The second phase was the period of free land grants and Surveyor surveyed the first five land grants around Lake Illawarra173 and this was the beginning of approximately 59 land grants created over a period of 22 years.174 Kass referred to these grants as the capitalist estate established to support Britain.175

In 1818 a stockade at Red Point was built becoming the first southern penal settlement in NSW.176 The stockade supported the earlier settlers with supplies, apprehended escaped convicts from Sydney and monitored Illawarra's illegal cedar trade.177 In 1819 Throsby discovered a foot track for his cattle to access the coast from his estate at Bong Bong on the Southern Tablelands and this encouraged other

172 Dowd, The First Five Land Grantees and their Grants in the Illawarra, Back of Cover. 173 Hilde J. Shaw, (comp.). 200 Facts about Historic Illawarra, Wollongong, NSW: Illawarra Historical Society, 1970, p.64. 174 Broomham, Vital connections: a history of NSW roads from 1788, p.43. 175 Kass, A Thematic History of the City of Wollongong, p.20. 176 McCaffrey. The History of Illawarra and its pioneers, p.29. 177 Organ, 'The Story of the Illawarra Stockade …’, (accessed 20/3/2015).

39 highland farmers to follow his example.178 In 1942 James Jervis read a letter before the Royal Australian Historical Society to Macquarie from Throsby dated 22 January 1820 and below is the first paragraph of that letter:

(Throsby) I have fully established the practicability of a short communication between the coast, at the District of Illawarra, and the new country, in the County of Camden, by a pass in the mountains, several miles to the southward of the original road, discovered and made by me, where I have succeeded a few days since in driving a herd of my cattle in the short space of one day, having been at some expense in cutting bush, and etc., to clear a sufficient road, by the same route and direction I passed in February 1817…179

Cattle was not the district's only commerce. The Illawarra cedar trade was a significant business, albeit a criminal one, and when the Government decided to move the cedar industry headquarters from Sydney to Illawarra, a military detachment was sent to Red Point in 1820 to build barracks. As criminal gangs logged cedar trees outside Wollongong, the coast was policed by the military as far south as Jervis Bay.180

The Sydney Gazette reported on 7 April 1821 that Cornelius O'Brien, a prominent land owner with large commercial interests, one of which was cedar logging, found access over the Illawarra Escarpment.181 O'Brien notified landholders that he had found a shorter and easier grade from the Appin track.182 He suggested that if each seven land holders (Allan, Brooke, Browne, Allan, Throsby Smith, Jenkins and Johnston) paid a £10 subscription fee he would manage and pay the workers to remove the bush and make a suitable stock road from the Illawarra to Appin.183 McDonald later noted that O'Brien's track was effective and appealing to many farm owners as it was nearer Wollongong Harbour than Throsby's track in the north.184

The Sydney Gazette on 18 January 1822 reported that the 'Subscription Road' was constructed across the Cataract River to Illawarra by Mount and that it had proved to be a good bridle road.185 When Macquarie visited the Illawarra later in 1822, he met up with Cornelius O'Brien near Appin so he could guide them onto the coast. The tracks were very rough and Macquarie left his cart and proceeded with pack horses. The Escarpment descent at Bulli on Throsby's track was rocky, slippery and took an hour as the horses were confronted with several obstacles.186 They proceeded to Red Point and stayed overnight next to Lake Illawarra.187 On his return to Sydney, Macquarie was taken up O'Brien's track and was

178 Frank Osbourne, 'Surveyors, Settlers and Land Grants in Illawarra 1815-1816', Illawarra Historical Society Bulletin, (May/June 2000), pp.14-15. 179 James Jervis, 'Illawarra: A Century of History, 1788-1888,’ Part V, Royal Australian Historical Society, Vol. XXVIII, Part VI, (1942), p.353. 180 McCaffrey. The History of Illawarra and its pioneers, p.24. 181 The Sydney Gazette and NSW Advertiser, 7 April 1821, p.4. 182 Organ and Doyle, 'Early Land Settlement …’ Benjamin Lindsay, p.6. 183 The Sydney Gazette and NSW Advertiser, 7 April 1821, p.4. 184 William Graham McDonald, 'The Paulsgrove Diary: Illawarra 1833-34', Illawarra Historical Society Bulletin, (1988), p.61. 185 The Sydney Gazette and NSW Advertiser, 18 January 1822, p.4. 186 SL NSW, ‘New South Wales, The Governor’s Diary by , Vol 14: (11 March 1821 - 12 February 1822’, A774-3. 187 Organ, 'The Story of the Illawarra Stockade …’, (accessed 20/3/2015).'

40 reported as saying it was a safe and passable cattle track that with minimal work, had the potential to become a good cart road.188

Most of the land in the Illawarra was not granted because only approximately one-third was fit for grazing but not cultivation and this was good news for those still looking for free farming land.189 On 11 November 1824 the Government announced in The Sydney Gazette the extension of grant notices to individuals applying for land grants. The announcement stated that

no application will be received, unless in conformity to the rules … (and that) each individual (would be) granted 100 acres of land for every convict maintained, free of expense to the government, for one complete year.190

Under Governor Darling’s administration the Illawarra was identified as a possible major supplier of wheat to the Sydney markets. Darling's response was to provide the Illawarra with more convicts.191 Some attempt was made to establish a wool export trade with England but it was the cattlemen who succeeded in Five Islands.192 Land grants were still possible without fees but the grant could not exceed 2,560 acres or be less than 320 acres, unless in the immediate vicinity of a town or village.193 This created greater demand on Oxley's Survey Department as more surveyors were required.194 Though the government was keen to open the district for pastoral development, transport into and within the district was a chronic problem.

In 1826 the government introduces regulation for grazing leases with a Ticket of Occupation.195 Surveyor-General Oxley reported to the Governor that land for the township had been set aside a decade ago. Macquarie had promised Charles Throsby Smith a 300-acre section of his Uncle’s land in Five Islands and renamed it ‘Bustle Farm'. A 500-acre burial ground at ‘Cayamerne Point' (now City Beach) was taken from Crown Land and rumoured to be located at the eastern end of Crown Street near the beach.196 When Throsby-Smith settled he provided the first Church of England services in his barn prior to 1837. He was the appointed Government Lands Commissioner and later he became a warden for the Illawarra District Council and a member on the first board of the Illawarra Agricultural Society.197 Alexander Stewart referred to Wollongong as ‘Smith’s Township’.198 Within this year of 1826, the first

188 Lachlan Macquarie, ‘Diary 11 March 1821 - 12 February 1822’. (Sydney NSW: Mitchell Library), Ref: A774, pp.248-256 (CY Reel 301: Frames 664-672). 189 Project Gutenberg Australia, 'Report of the Commissioner of Inquiry…, p.8. 190 The Sydney Gazette and NSW Advertiser, 11 November 1824, p.1. 191 Organ and Doyle, 'Early Land Settlement …’ Benjamin Lindsay, pp.6-7. 192 Lee, 'Rocked in the Cradle: …, p.36. 193 SR NSW, Registers of Land Grants and Leases, 1792-1856, NRS 13836. 194 ADB, ‘Oxley, John Joseph (1784-1828)’, http://adb.anu.edu.au/biography/oxley-john-joseph- 2530, (accessed 8/10/2017). 195 NSW SR, Miscellaneous Tickets of Occupation, NRS906, Special Bundle 4/1917.10, 1826. 196 James Jervis, 'Illawarra: A Century of History, 1788-1888,’ Part I, Royal Australian Historical Society, vol 28, Part II, (1942), p.100. 197 McCaffrey. The History of Illawarra and its pioneers, p.33, p.49, p.150, p.215. 198 Organ, ‘Reminiscences of Illawarra by Alexander Stewart’, p.19.

41 soldier’s barrack was built at Red Point.199

In March 1827 the temporary occupation of land for grazing would pay a rent of twenty shillings per year for every one hundred acres.200 In 1828 another regulation was introduced for restraining trespasses from driving and depasturing their cattle in all parts of the colony. To prevent trespasses on crown land, the Governor granted individuals temporary leases to adjoining property owners at a reduced rent of two shilling and six pence per annum for every one hundred acres. The Governor deemed it convenient to license settlers to occupy the unallocated lands.201 In 1828 the published Census Returns indicated that 106 convicts lived in the Illawarra-Camden District. The district's total population consisted about 368 and much of the population consisted of , labourers, runaway convicts and cedar getters.202

In 1829 the military barracks at Wollongong was set up using temporary canvas tents for the barracks until the stockade was built. The isolated Red Point Stockade moved to Wollongong to watch over the boating activities within the harbour.203

In 1831 the third phase of Illawarra’s development began with another shift in land policy. On the 1 August 1831 Crown Lands became available for renting by auction for one year. Darling then implemented his final regulation that approved Crown Land sales at five shillings per acre.204 In 1833 an Act for Encroachment was passed for protecting Crown Land from intrusion and trespass and the Commissioner of Crown Lands was appointed.205

The 1830s saw Wollongong taking shape with the first church services (1831), first hotel (1833) and first regular steamship service to Sydney in 1834. The township of Wollongong was officially gazetted in 1834. Convicts began to cut a path down from the Escarpment through Mount Keira in 1835-36 and Wollongong Harbour was improved in 1837 with a jetty so that people could arrive at a wharf rather than wading ashore. By the 1840s dairying was starting to dominate the local economy and cedar cutting was in decline.

The Road In June 1825 James Spearing arrived in NSW with his family and one with overriding ambition - to increase his personal wealth.206 Within two years he received several grants of 2400 acres207 which he called ‘Paulsgrove’ and married Harriet Overington who had another 1,920 acres.208 It took 10 years until

199 The Sydney Gazette and New South Wales Advertiser, 5 July 1826, p.2. 200 The Sydney Gazette and New South Wales Advertiser, 30 August 1826, p.1a. 201 The Sydney Gazette and New South Wales Advertiser, 17 October 1828, p.1b. 202 Organ and Doyle, 'Illawarra Residents 1828 & 1841’, Table 1. 203 Organ, 'The Story of the Illawarra Stockade …’, (accessed 20/3/2015). 204 McQuilton 'Settlement', p.28. 205 NSW SR. Colonial Secretary: Commissions 4/1710 p.303. 206 Family Tree Circles, 'James Stares Spearing', by Janilye. (2015), http://www.familytreecircles.com/looking-for-any-connection-between-james-stares-spearing-who- came-to-australia-on-the-harvey-in-1825-and-alfred-spearing-b1901-in-kensington-england- 63578.html , (accessed 7/1/2018). 207 SR NSW, Letter 27/571, CS to S-G Oxley, NRS 13730, 23/1/1826. 208 SR NSW, Letter 27/571, CS to Mrs H Spearing, NRS 13730, 6/6/1827.

42 road construction began near his properties and the land values increased so he sold up and return to England.209 While some wealthy large landowners like Spearing had one motive to increase their wealth quickly and return to Britain, other landowners consolidated their wealth, created family networks by intermarrying and established wealth, success and sometimes political ambitions within the district, with perhaps the best example being Charles Throsby Smith.210

In 1825 Spearing requested preferential treatment not only over his local community, but also those bureaucratic processes that helped develop the area. Spearing believed the colonial government owed him special preference so that these connections and unrestrained ego, entitled him to special privileges. It was not his personal wealth that underpinned his belief (even though he had a considerable fortune). His belief was based on a letter he received from Lord Bathurst's Under Secretary, prior to his departure for NSW, requesting that Spearing was to have ‘every facility and opportunity afforded to him’.211 Oxley was not swayed by the correspondence. While he questioned the integrity of the government processes if Spearing was given preferential treatment, he was ignored.212 Within the first two years of Spearing's arrival, and relying on the letter, he had complained on many occasions to the Governor on the inefficient process of obtaining more grants, 213 more convicts214 and the performance of the local postal215 and police services.216 Simply put, the letter and Spearing’s bluster worked.

Whatever Spearing's personal ambitions, roads continued to occupy significant government attention. A new Governor, General arrived 17 December 1825 and Alexander McLeay, his Colonial Secretary arrived in the following January.217 Darling applied for six highly trained surveyors and two draftsmen from England and one of them was Thomas Livingstone Mitchell.218 Government funding for main roads was approved by Britain’s Secretary of State, but neither England nor Bourke intended to pay for parish or local roads.219 To assist in the finance of roads, bridges and ferry repair in 1832, levy tolls were introduced under the Act of Council (2 Gul. IV, No. 12).220 The Roads and Streets Act 1833 (4 Gul. IV, No. 11)221 was passed to separate main roads from minor roads which were maintained at the expense of local inhabitants.222 Parish roads and tracks in and around towns were not surveyed but Oxley instructed his surveyors to plan the town road networks. Oxley said that parish or cross roads leading to farms had little cart traffic and could remain passable for years so he focused on the great roads to the

209 The Sydney Gazette and NSW Advertiser, 16 July 1835, p.3. 210 Dillon, ‘Convict Labour and Colonial Society …’, pp.259. 211 HRA, ‘Horton to Brisbane’, (20 December 1824), Series 1, Vol. III, p.419. 212 SR NSW, S-G Oxley to CS, NRS 906, Fiche 3156, 3/10/1825. 213 SR NSW, Spearing to CS, NRS 906, Reel 6006, 14/11/1825. 214 SR NSW, Spearing to CS, NRS 906, Reel 3266, 5/4/1826. 215 SR NSW, Letter 26/1949, Spearing to CS, NRS 906, Item 4/1887, 8/6/1826. 216 SR NSW, Letter 31/5022, Spearing to CS, NRS 906, 16/07/1831. 217 ADB, ‘McLeay, Alexander (1767–1848)’, http://adb.anu.edu.au/biography/mcleay-alexander- 2413/text3197 , (accessed 8/9/2016) 218 Broomham, Vital connections: a history of NSW roads from 1788, p.48. 219 Main Roads, (2 WM IV, No. 12) 1932, p.14. 220 ‘Votes and proceedings of the Legislative Council, NSW, Vol 1’, (Sydney, Bent Street: WW Davies at the Government Printing Office, 1846), p.57, Q328.9106/6. 221 Austlii, 'Roads and Streets Act of 1833 No. 12a’, http://www8.austlii.edu.au/cgi- bin/viewdb//au/legis/nsw/num_act/rasa1833n12215/, (accessed 29 December 2017). 222 Main Roads, (2 WM IV, No. 12) 1932, p.14.

43 west, north and south of Sydney.223

Spearing was hardly ever concerned about government projects for the greater good - personal interest dominated his actions. The idea of the mountain road came from Spearing when on 8 June 1826 he informed McLeay that the illegal cedar parties were cutting cedar in unallocated lands behind 'Paulsgrove'.224 On 17 July 1826 Spearing requested exclusive privilege to de-pasture stock from his land and to log cedar on the mountain at the back of his grant. Spearing told the Governor that once the trees were cleared the Appin farmers transporting goods to O’Brien’s track would try to access the coast through his land.225

The following plan by Assistant Surveyor Elliot shows the Appin track to Illawarra via O’Brien’s track (upper branch on plan) that linked to the old Dapto Road at ‘Springhill’ Estate. 226 The plan provides the proposed new line of road over Mount Keira and through Spearing’s land (lower branch) and a section of the proposed new line of road between Wollongong and Dapto.

Figure 7: (Ext) Part of Plan for the New Line of Road in the District – Elliot 1834 Spearing wanted to prevent trespassing on his land while at the same time introducing the road concept to the colonial authorities.

Mitchell continued to survey the colony and worked on improving the roads. The Great South Road was

223 Broomham, Vital connections: a history of NSW roads from 1788, p.50. 224 SR NSW, Letter 26/3604, Spearing to CS, NRS 907, Item 4/3519, 8/6/1826. 225 SR NSW, Letter 26/4083, Spearing to CS, NRS 907, 17/8/1826. 226 WCL, ‘Plan of part of the new line of road through the district of Illawarra’, (1834), Elliot, P., Online Catalogue, BRN: 190984. https://wollongong.spydus.com/cgi- bin/spydus.exe/ENQ/WPAC/BIBENQ?

44 his last to be completed which included Campbelltown and Stonequarry (now Picton). Mitchell's objective was to connect the Illawarra to The Great South Road, so the residents had access to Sydney.227 In 1830 Mitchell persuaded the Commissioners on the preferred route for the Great South Road through Stonequarry,228 possibly using Illawarra as justification as it was within range. He also promoted, since 1831, a direct road from Sydney to Illawarra.229

Whatever plans Mitchell had for colonial roads, there was still no road onto the coast from Sydney and surrounding counties over the Illawarra Escarpment. Moreover, roads within the Illawarra were hardly efficient either. Ken Marshall, a local historian, retold the story to the Illawarra Historical Society in 1962 about the poor condition of the track onto the coast. In 1828 an emigrant tried to access Five Islands by Throsby’s track (Bulli) and was shocked when he realised that the horse and bullock drays also used the track but with the use of ropes attached to trees to let them down.230

Spearing was relentless in lobbying the government for a road that satisfied his private commercial objectives. One of his petitions, dated 25 August 1829 listed 16 landholder’s names who were willing to subscribe to a road or donate money for provisions of the road. Put simply, Spearing's response was one that bypassed government action and funding. If the government did not act, he could build a private road. Those willing to put up money for a road included John Reddall (£50), William Charles Wentworth (£20), (£20), James Spearing (£20), John Wyllie (£20), Thomas Kendal (£10), John Cowell (£10), Cornelius O'Brien (£10), George Tate (£10), George Brown (£10), Charles Throsby Smith (£10), Conor Wholohan (£5), Mathew Ryan (£5), William Gait (£3), Samuel Foley (£3), Patrick Callaghan (£3).231

Alexander Stewart, an who had successfully established himself in the Illawarra, recalled how from 1828 Charles Throsby Smith would collect fresh water from Barrett’s Creek, Barrett being the owner of Heron Farm, as there was no fresh water in Wollongong. The creek was a portion of Jenkins Creek (now Allens Creek)232 above the ford and where the old Dapto Road crossed. He used the old road through the estate of 'Springhill’ to collect water for his stock and personal use and returned on the same road with a full water cart pulled by a tandem of two bullocks.233 The old road was constructed by the landholders for access to the harbour234 and it was the only road into Wollongong for the southern and inland settlers.235

227 Broomham, Vital connections: a history of NSW roads from 1788, p.53. 228 Fitzsimons ‘The Old Hume Highway. History begins with a road’, p.11. 229 DMR, 'The History of the Prince's Highway', p.76. 230 Kenneth M. Marshall, 'The Ups and Downs of the Early Roads to Wollongong'. Illawarra Historical Society Bulletin, (July 1962), p.3. 231 SR NSW, Letter 29/6773, Spearing to CS, NRS 907, 25/8/1829. 232 Organ, 'Reminiscences of Illawarra by Alexander Stewart', pp.5-6. 233 Ibid. p.7. 234 SR NSW, Letter 34/227, PM Allman to CS, NRS 905, 28/1/1834. 235 The Sydney Gazette and NSW Advertiser, 24 May 1834, p.2.

45

Figure 8: (Ext) Plan of Road through District of Illawarra 1833 & ‘Springhill’236 On 27 March 1830 Surveyor Hoddle was instructed that a gang of twenty men might assist him with cutting a road over the mountain between Bong Bong and the Illawarra. Hoddle provided his plan on 18 June 1830 of the Saddleback Range Road to the Kiama Harbour.237

The new Resident Police Magistrate Lieutenant George Sleeman in 1830 wrote to the Colonial Secretary stating the need for a marked road because of local conflict over the old Dapto Road. He referred to George Tate the owner of 'Springhill' and the frequent trespassers, as the old road passed through his land.238 When Tate tried to block the trespassers from passing through his land with fences and was ignored, he threatened Throsby Smith with court action for trespassing.239 While the condition of the road continued to irritate and anger local farmers, it was no longer the sole object of dissatisfaction. Its use by 'unauthorised' users was becoming a flashpoint.

Roads were also the subject of internal bureaucratic re-organisations. On 1 January 1830 the Department of Roads and Bridges was abolished and it became a branch of the Surveyor General's Department.240 While convict labour was still seen as central to the colony's road building programs, Governor Darling had concerns about Mitchell's proposal of having convict Overseers in charge of convict gangs. The convict iron gang and mechanics required constant watch to prevent them from absconding and stealing government property. One Assistant Surveyor was required for each line of new road and convicts were

236 WCL, ‘Plan of the road through the district of Illawarra’, (1833), Elliot, P., Online Catalogue, BRN: 190980. https://wollongong.spydus.com/cgi-bin/spydus.exe/ENQ/WPAC/BIBENQ? WCL, ‘Springhill – Residence – Spring Hill’, Smart Family Photos, BRN: 307185. https://wollongong.spydus.com/cgi-bin/spydus.exe/ENQ/WPAC/BIBENQ? 237 Jervis, James. 'Illawarra: A Century of History, 1788-1888,’ Part V, Royal Australian Historical Society, vol. XXVIII, Part VI, (1942), p.357. 238 SR NSW, Letter 30/3533, Sleeman to CS, NRS 906, 2/5/1830. 239 SR NSW, Letter 30/5267, Sleeman to Berry, NRS 906, 2/6/1830. 240 HRA, Governors Despatches, (1830), Series 1, Vol. XV, pp.326-329.

46 the most economical way of building the road. This required some changes within the bureaucracy so Darling created a government restructure to enable the Police and other departments to become involved in the management of convicts during all road construction.241

Whatever the changes to the way the government handled road construction, efficient roads were not being built in the Illawarra. On 18 July 1831 The Sydney Herald reported on the continuing lack of roads in the Argyle district while noting that the farming community was excluded from competing with other districts in the Sydney market because of the difficulties associated with using substandard roads or tracks. The Argyle district needed government assistance with either a convict gang or to build the road.242

While the colonial government based in Sydney continued to develop plans and policies about roads, James Spearing repeatedly challenged Throsby Smith to gain passage for his dray through his estate ‘Bustle Farm’ for access to the Wollongong Harbour. Spearing was strongly convinced that a road was in his best commercial interests as well as those of the district. Throsby Smith took Spearing to Court on two occasions when the Court's decisions were in Spearing's favour.243 One decision set a legal precedent that the public had the right to use the old road until the new road was built. McLeay informed Mitchell on 8 July 1830 that Spearing had requested his support to ensure that public roads remained the property of the Crown in reference to his access road to the harbour.244 Spearing told McLeay that the district was fully occupied and was in urgent need of a main road. A road was required that connected the various properties to avoid ongoing protests from individuals who desired to block the old Dapto Road with fences and logs.245 He was referring to George Tate the owner of 'Springhill'.

In September 1830 McLeay was instructed to tell Mitchell to ignore any complaints from landholders regarding trespass by surveyors and to proceed with marking out the road. Darling had a strong view about the public importance of roads. He believed that roads had a particular significance for the colony - the greater good - and outweighed the rights and concerns of individual landholders. 246

Road construction involved considerable planning and preparation before the works commenced. Surveyors and iron gangs might enter property to cut timber for the road construction, as all the timber on land grants were reserved by the government and the same applied to gravel, stone and soil, which was also reserved by the government for constructing roads. The government could construct a road through anyone's land despite the owner, but generally the government considered the land holder's request particularly if they had political importance.247

On 28 September 1830 a petition was sent to Darling from the Illawarra residents regarding the need for a

241 HRA, Governors Despatches, (1830), Series 1, Vol. XV, pp.743-744. 242 The Sydney Herald, 18 July 1831, pp.2-3. 243 SR NSW, Letter 30/5411, Throsby Smith to CS, NRS 906, 17/5/1830. 244 McCaffrey. The History of Illawarra and its pioneers, p.25, p.44. 245 SR NSW, CS to S-G, NRS 13732, Item 4/3908, 26/7/1830. 246 SR NSW, Letter 30/1120, CS to S-G, NRS 13732, 22/9/1830. 247 McFarland, A. Illawarra and Monaro, p.24.

47 road.248 The petition, signed by 60 residents, complained about poor road conditions throughout Five Islands. The petition restated all the concerns that farmers had made on many occasions to government that in extreme weather and because of the heavy use of cedar transporters, local roads became impassable even for a saddled horse. This petition reminded the Governor that colonial revenue had benefited from the logging of cedar on Crown Lands in the Illawarra. Cedar supported many inhabitants but they still paid half penny sterling per foot. Individuals had erected fences where the road originally passed and left no alternative for users to risk their lives by crossing swamps and creeks. A road from Wollongong to Dapto, a distance of about seven miles was urgently required according to the claims in the petition, because of agricultural and grant demands.249

Towards the end of 1830 access in and out of the district opened up with the recruitment of local tenant farmers and for this group, it was paramount that access into and around Five Islands was resolved.250 Between 1815 and 1840 the migration scheme resulted in 58,000 migrants in Australia and they brought with them the latest in ‘scientific, industrial and political changes’ and transformed the face of the British society in the colony.251

In October 1830 Surveyor Hoddle and Surveyor Jaques were instructed to survey and cut a road from the Argyle district via Bong Bong to Wollongong.252 On 15 November 1830 Mitchell informed Darling that Surveyor Jaques was working on a detailed survey throughout the district but he had great concern for the lack of resources to construct the roads due to the works on the three great roads.253 Mitchell argued that there were no resources available to build a road over Illawarra Escarpment into the Five Islands.254

In 1831 free land grants were abolished and lands within the 'nineteen' counties were only to be sold by public auction while an increasing number of southern settlers continued to have very real concerns about crossing flooded creeks.255 Since Spearing had blocked access through his land the Appin settlers shared the same concerns especially when the tracks were wet and slippery.256 The Appin farmers had to use O’Brien’s track and it was not suitable for carting produce but on 25 January 1832 the Governor received another petition for a reliable and safe track from Appin to Five Islands.257 It was noted by Darling that Spearing had stated in a previous letter that sixteen local inhabitants could provide £209 in provisions to assist in the furnishing of the road and referred the matter to Mitchell.258

Spearing's livestock numbers according to the Census had increased with 400 acres of cleared land and

248 Organ & Doyle, 'Historical Records of the Illawarra Region of NSW 1770-1855…’. 249 SR NSW, Petition to Darling, NRS 906, Bundle 2/1448, 28/9/1830. 250 Organ and Doyle, 'Illawarra Residents 1828 & 1841’, p.77 and Table 1. 251 Migration Heritage Centre, '1830-1840s: Assisted Immigration Introduced.' Powerhouse Museum NSW. 2010. Migration Heritage Centre, Objects through Time, http://www.migrationheritage.nsw.gov.au/exhibition/objectsthroughtime-history/1830-1840s/, (accessed 15 October 2017). 252 SR NSW, Letter 30/689, S-G to AS Hoctolls, NRS 13768, Item 4/6909, 20/10/1830. 253 HRA. Governors' despatches, Series 1, Vol.15, pp.743-744 254 SR NSW, Letter 30/1283, S-G to CS, NRS 906, Item 4/3908, 15/11/1830. 255 McQuilton, 'Settlement', p.28. 256 The Sydney Gazette and NSW Advertiser, 18 March 1815, p.2. 257 SL NSW, Petition to Bourke, NRS 906, No DLADD174, No 954154, 25/1/1832. 258 SR NSW, Letter 29/6773, Spearing to CS, NRS 907, 25/8/1829.

48 250 acres of cultivated land, as well as 5 horses, 50 cattle and 111 sheep. The Sydney Gazette on 8 February 1832 reported an increase to 750 flock of sheep. It took seven years for Spearing to be recorded in the 1832 Australian Almanac, as being the ‘principal agriculturalist of the district.’259

There were other land exchanges that were connected to the new road. George Tate at 'Springhill' sold his 700 acres estate to Captain Charles Waldron260 and on 19 October 1832, Waldron continued to pressure to Governor Bourke regarding the trespass of Throsby Smith through his property.261 He requested a road to prevent people from trespassing, destroying crops, breaking fences, and releasing livestock which end up impounded.262

It did not take long before landholders heard about the possibility of a new line of road and on 25 January 1832 another petition was sent to Bourke regarding the Appin to Wollongong road.263 In March 1832 the local Police Magistrate George Sleeman outlined the issues raised in the petition on behalf of the settlers in the district opposing a new line of road. The farmers and residents who signed this petition did not want a new road - they simply wanted the existing road to be upgraded. They believed that Mitchell's concerns about the lack of resources to build a new line and the current landholder's objections could be resolved.

259 McDonald, 'The Paulsgrove Diary …’, p.14. 260 McDonald, 'The Oldest Road', p.26. 261 SR NSW, Waldron to S-G, NRS 13731, Box 2/1714, 19/10/1832. 262 William Graham McDonald, 'Captain Waldron Deceased', Illawarra Historical Society Bulletin, (1972), pp.4-6. 263 Organ & Doyle, 'Historical Records of the Illawarra Region of NSW 1770-1855…’.

49

Figure 9: Plan of Road through the District of Illawarra - Elliot 1833 264 Moreover, these petitioners asserted that the original line of road in the district was far more superior to any other recommendation recently claimed by the government.265 In response Mitchell told the Governor that Elliot had surveyed the existing road to Dapto. Though, it was not the intention to mark it as a parish road but only provide the existing road's direction throughout the district. Mitchell suggested that the petition letter stated the necessity of the government marking all the roads into Illawarra and that

264 WCL, ‘Plan of the road through the district of Illawarra’, (1833), Elliot, P., Online Catalogue, BRN: 190980. https://wollongong.spydus.com/cgi-bin/spydus.exe/ENQ/WPAC/BIBENQ? 265 SR NSW, Letter 30/8543, PM Sleeman to CS, NRS 905, 15/11/1830.

50 the minor road from Appin might be marked by the government and the settlers left to build the road.266 The old Dapto Road was drawn by Assistant Surveyor Elliot in 1833 under Mitchell's orders in anticipation that this may well be the beginning of the main road through the district.

On 11 August 1832 The Sydney Gazette revisited the relationship between poor roads and economic progress. It reported that farming produce was still not getting to the harbour from surrounding districts267 and the lack of roads had reduced incentives to improve wheat production.268 Other factors also were contributing to pressures on providing either more roads or making existing roads safer. Free occupation grazing permits, free land grants and finally crown land sales contributed to more people arriving in the district. By 1833 the population had increase to 2,600 and the pastoral industry was increasingly dominating the district.269

Conclusion This chapter examines whether the Dapto Road was built to increase access from Illawarra's growing agricultural and industrial districts to Sydney. In doing so, the chapter examines the Illawarra’s economic, demographic and population development and the district had clear capacity to become one of the most successful pastorals, agricultural and cedar industries within the colony. The government decided to build a new road to the harbour so the inland farmers had access and they too might contribute to the economic fortunes of the colony.

The principal contributor to the development of the district was James Spearing and he was recorded as being the ‘principal agriculturalist of the district’. He introduces the new road concept to the authorities and influenced the road location. His idea was successful because the road could pass through the district and was usable for both coastal and inland farmers. In turn, his concept was supported by those land owners who were most invested in closing the old Dapto Road. The debate over the road continued for several years. Some local farmers and land owners, so angered by the failure of governments to either make existing roads or to build new roads so as to facilitate suitable access from farms to harbour, resorted to personal feuds and conflicts as well as vandalism of private property. How governments and local farmers managed to resolve their differences will be explored in the following chapter.

266 SR NSW, Letter 33/661, S-G to CS Thompson; NRS 905, Item 2/1461, 4/10/1833. 267 The Sydney Gazette and New South Wales Advertiser, 11 August 1832, p.3. 268 McFarland, Illawarra and Monaro, p.24. 269 Organ & Doyle, 'Historical Records of the Illawarra Region of NSW 1770-1855…’.

51 Chapter 3

The Road is Built: 1833-1844 Introduction This chapter examines the building of the road. It has three sections – the road builders, the road construction and the road protestors. The first section examines the road builders to find evidence of convicts being reformed, while in the second section the Road and Bridge Department comes under scrutiny for cost management. In the third section of the chapter, it become obvious that the main aim of the government was to resolve the access to the harbour for the surrounding farming districts. Therefore, the new road generated several complaints and petitions by local farmers and landowners on the inadequacy of the new road.

Building a road can be broken down to a series of steps: locate the place where the road is to be built, plan the route, assemble road builders and materials and construct a fence along the proposed route. Fences were required to secure livestock and protect crops from trespassers. While the road builders followed these steps, building this road was far more complex. A new line of road south through prime agricultural land was the perfect location for the government to not only address and resolve an internal transport problem but to also demonstrate the success of the colony’s convict policy. The new road would link up with other roads and tracks and resolve the long-running access issues to the harbour. It also needed skilled convicts to carry out the building. The formal road administrators also hoped that the skills of the builders might not only produce a road but also show the wider community that its builders were, despite their convict status, were workers well on the way to redemption and a better life – and the road may be the vehicle for this transformation.

This chapter attempts to unpack the complicated circumstances that underpinned its construction and identifies those in the community who did not support the new road. The new road did not have the support of all landowners adjacent to or who may have benefitted from its construction. Everyone wanted a new road, especially one that might be used in wet weather. Still support was conditional and, in some cases, not negotiable. The new road was much longer than the old Dapto Road with more bridges to build and maintain. The southern landholders who conveyed produce to market used drays pulled by bullocks. The new road created great difficulty for the bullock drays in climbing Geards Hill whereas the old Dapto Road was totally flat. And some of the landholders on the old road lost access to the new road. What began as a simple plan to make the old Dapto Road safer and easier for travellers in Wollongong's south became a complex matrix of problems that encompassed the needs of surrounding farming communities, almost unlimited decision-making, in-fighting, opposition by land owners and poor government communication. The chapter begins with an overview of the convict workers, construction (the road build) and then it examines the road’s opponents.

52 The Road Builders If colonial authorities had not provided convict labour for the construction of the road, it is doubtful that the new line of road would have been built. The colonial government had thousands of convicts at disposal either for assigning to private employment or for working on public projects. Between 1788 and 1842 about 80,000 convicts were transported to NSW and locally-built roads and other public projects required significant convict labour.270 For example, the construction of the Great North Road, 109 miles of road built between 1826 and 1834 to connect northern Sydney to the Hunter Valley, used more than 700 convicts in its construction.271

Convicts were not unknown in the Illawarra. In 1796, Matthew Flinders had recorded escaped convicts living with Aborigines near the southern village of Dapto. In 1826, Captain Bishop, of the 40th Regiment, had established a stockade at Red Point (now Port Kembla) to deal with illegal cedar clearing and to arrest escaped convicts. In May 1835, as Organ notes

Lieutenant Henry Maxwell Otway of the 50th Regiment [was] appointed to [the] Illawarra road gangs. [It was reported] 60 convicts sent from Sydney [were] to work on road gangs and Wollongong Harbour breakwater. [The] Crossroads stockade and Wollongong barracks [were] maintained.272

The relationship between convicts as road workers and road construction in the Illawarra was now complete. A new road might be built and its builders could be convicts. In January 1834 Captain Francis Allman, who had replaced Lieutenant George Sleeman as the Illawarra’s resident Police Magistrate in 1832, 273 asked the colonial government for assistance with convict labour to rebuild the bridges that had been destroyed by floods after heavy rain. The old Dapto Road had been built by the landholders to access the harbour but it was the only access road for southern farmers.274 His request was not that of an aggrieved land owner and his judicial gravitas resonated with the colony’s administrators.

Mitchell presented his Report on Roads in the Colony to the Executive Council on 17 December 1833.275 On 2 April 1834 Governor Bourke decided to build the road to Dapto276 and asked Mitchell to mark out a road and send a gang to rebuild the bridges on the old Dapto Road.277 Demand for new roads and repairs to existing roads were such that Mitchell told the Colonial Secretary that there were 'not enough convicts' to build all the roads.278 Mitchell's objective was to connect the Illawarra to The Great South Road via Stonequarry (now Picton) when completed, so the residents had access to Sydney.279 Mitchell believed

270 SR NSW, Convicts Guide, https://www.records.nsw.gov.au/archives/collections-and-research/guides-and- indexes/convicts-guide (accessed 25/11/2017). 271 RTA [RMS], The Convict Trail: The Great North Road: Self-guided Tour. http://www.rms.nsw.gov.au/about/environment/protecting- heritage/documents/self_guided_tours/the_convict_trail_the_great_north_road.pdf, (accessed 25/11/2017). 272 Organ, 'The Story of the Illawarra Stockade …’, (accessed 20/3/2015). 273 SR NSW, Letter 34/227, PM Allman to CS, NRS 906, Item 4/2254.3b, 28/1/1834. 274 SR NSW, Letter 3/8118, PM Allman to CS, NRS 906, Article 28654038. 275 ‘Sir Thomas Mitchell Report on Roads …’. 276 SR NSW, Letter 34/2390, CS to PM, NRS 13730, Item 4/3836, Reel 2810, 16/4/1834. 277 SR NSW, Letter 34/235, CS to S-G, NRS 13732, Item 4/3915, Reel 3017, 2/4/1834. 278 SR NSW, Letter 34/169, S-G to CS, NRS 905, Item 4/5400, 9/4/1834. 279 Broomham, Vital connections: a history of NSW roads from 1788, p.53.

53 Illawarra was not as important as making progress on the Great South Road and it was not practical when there were not enough mechanics. Whatever the explanation, Bourke was determined that a new road was to be built. He had experienced first-hand its failure to be effective in heavy weather.

Governor Bourke had travelled extensively throughout the colony to see how it may be developed and on 16 April 1834 he asked Mitchell to join him on a trip to the Illawarra with the purpose of marking out the route of a possible road.280 They arrived in April at a time when Wollongong was experiencing one of its wettest months on record. There were no roads or bridges as they headed south and they had great trouble getting from one side of district to the other. The severe weather and floodwaters had made their precarious attempts to cross creeks safely.281

Their visit was productive as Bourke chose the site for Wollongong282 and on 2 May 1834 the District Surveyor Phillip Elliot provided the plan for the township which was well received.283 On 24 May, The Sydney Gazette confirmed that Bourke’s intention was to know how the district may perhaps be best opened by roads for access to the Sydney markets.284 Bourke had a bigger agenda to consider which was to build a road down the coast with the ultimate aim in connecting the sprawling farming communities to Sydney or the nearest harbour.

The Sydney Gazette on Thursday 22 May 1834 recounted what is was like for Bourke in the Illawarra. In places where the roads have been worn, on the banks of the creeks, the floods left a precipice almost impassable for carts and drays. His Excellency the Governor could not have visited Illawarra at a more favourable opportunity to witness the necessity for roads and bridges. He had but one alternative in crossing creeks - that was to walk along any dead tree that had fallen over the banks, while one of his body guard swam the horses through the waters. Bourke however, showed excellent character, notwithstanding all the inconvenience he had encountered in his tour through the district.285

Once Bourke and Mitchell returned to Sydney, Mitchell immediately returned to the Illawarra and instructed Elliot to make a detailed survey of Wollongong and surrounding tracks in order to find a suitable line to Sydney.286 Preparations to accommodate convict labour began soon after. As referred to previously, Nicholas compared convicts to the free British workers and argued that the convicts were clothed, fed, housed with good medical provisions and generally worked less. Their diet met the daily levels of required nutrients as the government needed good healthy strong men to build the roads.287

On 22 July 1834 George Lentz of Parramatta won the tender to build and deliver 15 portable wooden

280 SR NSW, Letter 34/227, CS to PM Gray, NRS 13730, Item 4/3836, Reel 2810, 16/4/1834. 281 The Sydney Gazette and New South Wales Advertiser, 16 July 1835, p.3. 282 Sydney Morning Herald, 28 January 1935, p.2. 283 SR NSW, Letter 33/5959, AS Elliot to S-G, NRS 13736, Bundle 2/1534, 2/5/1833. 284 The Sydney Gazette and New South Wales Advertiser, 24 May 1834, p.2. 285 The Sydney Gazette and New South Wales Advertiser, 22 May 1834, p.3. 286 Organ & Doyle, 'Historical Records of the Illawarra Region of NSW 1770-1855…’. 287 Nicholas, Convict Workers Reinterpreting Australia’s past …, p.195-196.

54 houses at £17 each for the Illawarra Stockade288 and they were delivered within eight months.289

Figure 10: Illawarra Stockade 290 On 5 August 1834 Mitchell was told that once he had marked out a road, an iron gang would be available the following month in September.291 Specialist convict workers took a little longer than one calendar month to assemble. During Mitchell’s exploration trips his Deputy would act in his role and on 23 April 1835 Deputy Surveyor-General Samuel Augustus Perry inspected convicts at Goat Island for eight stone masons; eight carpenters; four sawyers and four blacksmiths for the bridge work. Mitchell did not trust his Deputy and he insisted on suitable mechanics with stone cutting or laying skills,292 followed by men with experience using heavy tools for the bridge party.293 For all other available convicts the rationalised selection process had to consider all other attributes including behaviour.294 The men were classed into six classes of convicts and the better convicts were first class.295

On 16 October 1834 The Sydney Herald reported the positive outcomes from the Governor’s visit as Mitchell was actively working in the district and he had recorded a new line over the mountains. The new line of road from Wollongong was through the estates of John Osborne and James Spearing.296 Spearing was quoted saying

(Spearing) I had been on this estate for seven years and I had not the slightest idea that it was possible

288 SR NSW, Letter 34/594, S-G to CS, NRS 905, Item 4/1701, 22/7/1834. 289 SR NSW, Letter 34/582, CS to PSC Hely, NRS 13730, Item 4/3680, 27/10/1834. 290 WCL, ‘Stockade Illawarra’, Lady Georgiana Sherbrooke, in ‘Album of watercolours of scenes in NSW 1842-1850’ (accessed 6/1/2018), Online Catalogue, P15/P15004, https://wollongong.spydus.com/cgi- bin/spydus.exe/ENQ/WPAC/BIBENQ?BRN=319478 291 SR NSW, Letter 34/624, ACS to S-G, NRS 13732, Reel 3018, 5/8/1834. 292 Robert Mansfield (comp.). Australian Almanack: for the year of our Lord 1831, (Sydney, NSW: Ralph Mansfield, 1831), p.289. A mechanic was skilled in a particular trade with bridge building experience. … 293 SR NSW, Letter 35/217, CS to PSC Hely, NRS 13730, Reel 1049, 29/4/1835. 294 SR NSW, Letter 35/243, S-G to CS, NRS 905, Item 4/5401, 23/4/1835. 295 Terry Newman, (Ext) Becoming a Penal Colony, in Becoming Tasmania remaining Van Diemen’s Land, POT, 2005), 160 pp. http://www.parliament.tas.gov.au/php/BecomingTasmania/convictpunishment08.pdf, (accessed 15/10/2017). 296 The Sydney Herald, 16 October 1834, p.2.

55 to get such good a line.297

On 22 October 1834 Elliot provided Mitchell with the plan and the survey of the remaining part of O'Brien's Road to the Illawarra and the final detailed description of the new line through the district.298 Elliot marked out the existing roads through the Illawarra district as instructed and included the proposed mountain road and the new line of road. Mitchell added to his Report on Roads in NSW 1827-1855 the 1834 Map of Illawarra which included the proposed mountain road and the new line of road through the district. He described the location of the proposed road and his justification for its direction. Mitchell explained how he considered costs, efficiencies, connections points, ground conditions and feasible creek crossings. Mitchell's new line of road commenced from Crown Street in Wollongong and at the proposed mountain road junction about two miles west of Wollongong it continued, in a nearly straight line through Charcoal Creek (now Unanderra) until it reached Mullet Creek at Dapto (now Brownsville).299 The following extract from Mitchell’s Map shows the location of the old Dapto Road in a solid blue line and a broken line for the new Dapto Road.

Figure 11: (Ext) Map of Illawarra - Mitchell 1834300

297 Ibid. p.3. 298 SR NSW, Letter 34/35 AS to S-G, NRS 13736, Bundle 2/1534, .22/10/1834. 299 SR NSW, Letter 34/555, S-G to CS, NRS 905, Item 4/5400, 21/10/1834. 300 WCL, ‘Map of Illawarra’, (1834), Mitchell, Thomas, Sir, 1792-1855, Online Catalogue BRN: 191183, (accessed 7/4/2019) https://wollongong.spydus.com/cgi-bin/spydus.exe/ENQ/WPAC/BIBENQ?BRN=191183

56 On 28 October 1834 the Colonial Secretary gave notice of tenders for clearing the roads in the Illawarra. This Notice was advertised in The Sydney Herald on 10 November 1834.301 Mitchell recommended that the road be built by convicts but clearing and fencing of the road might be outsourced to local contractors to reduce cost.302 On 17 December 1834 Elliot was instructed to provide a list of recommended Assistant Surveyors to be employed in the Department and he was assigned to Assistant Surveyor for Roads in the Illawarra.303 He assumed responsibility for all supplies for construction and it was his responsibility to ensure that the iron gangs, bridge parties and military stockades were fully equipped to meet their ongoing needs.304 He faced some logistical problems in doing his job – he was based in Appin to also fulfil his surveying duties in the southern districts where he stayed until appointed Assistant Surveyor for Crown Lands.305

On 12 February 1835 Mitchell requested the government place an advertisement for clearing the road within nine months.306 On 29 April 1835 McLeay informed Mitchell that 80 men were to sail to Illawarra to form a stockade.307 On 2 May 1835, Frederick Hely, the Principal Superintendent of Convicts was ordered to select 80 men made up of quarry men, stone masons, blacksmiths, sawyers, carpenters and labourers.308 On 9 May 1835 Captain Otway of the 50th Regiment arrived at the Illawarra Stockade to take charge of the 80 men.309 They began work in June on the mountain road across Spearing's land. They made good progress until they hit rock which resulted in injuries and broken tools.310 The Sydney Gazette reported that local residents were delighted with the mountain road and praised Otway for his management of the convicts.311

At the end of April, a bridge party from Goat Island was ready to proceed to the Illawarra to work on the bridges312 but it was not until 24 September 1835 that Mitchell was told that Hely had selected 105 second class convicts who were ready to form a bridge party.313 The Governor took a personal interest in the quality of men for the road works in the Illawarra. Perry inspected the convicts four days later, concluding that there were 'not enough mechanics'314 so on 3 October 1835 the Governor inspected the men.315 Ten days later McLeay informed the Military Secretary that 63 second class convict mechanics for the bridge party316 and four Overseers were ready for Illawarra.317 The Military Secretary was instructed to make arrangements for a military escort as the ‘Sarah Chandler’ might take the bridge party

301 The Sydney Herald, 10 November 1834, p.2. 302 Department of Main Roads, 1951. The History of the Princes Highway, p.77. 303 SR NSW, Letter 34/539 S-G to AS Elliot, NRS 13736, Item 4/5425, 17/12/1834. 304 The Sydney Monitor, 9 January 1836, p.2. 305 SR NSW, Letter 35/26, AS Elliot to S-G, NRS 13736, Bundle 2/1534. 306 SR NSW, Letter 35/497, CS to S-G, NRS 13751, Bundle 2/1467, 2/7/1835. 307 SR NSW, Letter 35/314, CS to S-G, NRS 13751, Bundle 2/1466, 29/4/1835. 308 SR NSW, Letter 35/223, CS to PSC, NRS 13730, Item 4/3081, 2/5/1835. 309 SR NSW, Letter 35/225, Otway to DS-G, NRS 13731, Bundle 2/1698, 3/6/1835. 310 SR NSW, Letter 36/39, AS Elliot to S-G, NRS 13736, Bundle 2/1534, 16/6/1836. 311 The Sydney Gazette and New South Wales Advertiser, 16 July 1835, p.3. 312 SR NSW, Letter 35/323, CS to S-G, NRS 13732, Reel 3018, 30/4/1835. 313 SR NSW, Letter 35/720, CS to S-G, NRS 13732, Item 4/3917, 24/9/1835. 314 SR NSW, Letter 35/720, PSC Hely to DS-G, NRS 13751, Bundle 2/1467, 8/10/1835. 315 SR NSW, Letter 35/726, CS to PSC Hely, NRS 13730, Item 4/3917, 28/9/1835. 316 SR NSW, Letter 35/8244, CS to Military Secretary, NRS 13730, Reel 2870, 13/10/1835. 317 SR NSW, Letter 35/551, CS to PSC Hely, NRS 13730, Item 4/3681.

57 of 63 men to Illawarra in November.318

Overseers on the Dapto Road were convicts who had their Ticket of Leave Passport and were working for the Road and Bridge Department but the stockade Military Superintendent was responsible for their pay.319 Karskens found that the convicts were managed by one Principal Overseer, two Assistant Overseers, one Constable and two iron Commissioned Officers.320 The Bridge Parties might be made up of the well behaved and more skilled convicts, including 'rough carpenters, quarrymen and stone masons' who were supervised by one trained Overseer.321 Unlike the conclusions drawn by John Hirst, she found that some overseers were highly skilled builders and supervisors respected by the Assistant Surveyors.322 During the road works Assistant Surveyor Elliot trusted his Overseers while he was absent, who in turn fulfilled his main surveying duties within his Department. The incentive for the Overseer was to obtain a good reference from Elliot, further skills and experience especially in rock blasting, stone masonry, embankments and drainage as these skills were highly sought after within the colony.323

On the Dapto Road there was one Principal Overseer Henry Chambers324 for the iron gang and one Principal Overseer Robert Parks325 for the bridge party while their Superintendent, Captain Otway, was based at the Illawarra Stockade.326 Principal Overseer George Redman and his Assistant Overseer John Constable worked on the Wollongong section of road and their Superintendent was Lieutenant George Sleeman based at the Wollongong Stockade.327

By September 1835 Mitchell was told that the Governor was disappointed with Elliot's performance328 because Otway had complained about the quality of the Oversees.329 Perry had selected them from Goat Island and he insisted they were able to do the job.330 Bourke needed a successful convict policy implementation outcome with this road331 so he introduced a regulation that permitted Otway to have the same enforcement over the bridge party as the iron gang.332

Most of the Overseers absconded because of Otway's interference but Elliot relied on them to inform him on what was required for the job.333 Elliot's tolerance diminished and he complained about the extra work he had compared to other Assistant Surveyors and that he needed a clerk to manage his office during his

318 SR NSW, Memo 3451, CS to MS, NRS 13730, Reel 2870, 27/10/1835. 319 SR NSW, Letter 36/376, DS-G to CS, NRS 905. 320 Karskens, 'Defiance, Defence and Diligence: …, p.19. 321 Ibid. 322 Ibid. p.22. 323 Ibid. p.26. 324 SR NSW, Letter 35/236, DS-G to Otway, NRS 906, Bundle 2/1698. 10/6/1835, 325 SR NSW, Letter 36/249, PM Sheaffe to DS-G, NRS 906, Bundle 2/1708, 4/6/1836. 326 SR NSW, Letter 35/15, AS to S-G, NRS 13736, Bundle 2/1534, 20/10/1835. 327 SR NSW, Letter 36/376, DS-G to CS. NRS 905. 328 SR NSW, Letter 35/6394, CS to S-G, NRS 13732, 4/3917; Reel 3018, 4/9/1835. 329 SR NSW, Letter 35/10, Otway to S-G, NRS 13751, Bundle 2/1698, 6/6/1835. 330 SR NSW, Letter 36/249, PM Sheaffe to DS-G, NRS 13751, Bundle 2/1708. 4 June 1836. 331 NSW Land Registry Service, Surveyor's Instructions, 1872, plus Circulars from 1873-1874. 332 SR NSW, Letter 35/809, ACS to S-G, NRS 13732, Item 4/3917, 27/10/1835. 333 SR NSW, Letter 35/12, Otway to CS, NRS 905, Bundle 2/1698, 14/1/1835.

58 absence.334 Elliot's main duty was to survey purchased land in the southern districts and to have the ‘Returns’ prepared and sent to the Governor.335 Since Otway had full control he wanted to know how many Overseers were allowed at the stockades as he had organised additional non-commissioned Officers for the iron gang and appointed additional Assistant Overseers.336 Bourke instructed that the iron gangs could remove their chains if their conduct was trustworthy except for prisoners ordered by the court to wear chains.337 On 7 November 1835 the 63 men who made up the bridge party arrived at the Illawarra Stockade.338

Despite concerns by Elliot, progress on the road was steady. The Australian reported on 27 October 1835 that the convict iron gang based at Wollongong Stockade had progressed well between the Illawarra Stockade and the harbour and they were expected to finish in December 1835.339 On 20 November 1835 The Sydney Gazette welcomed the new plans for the road and township on behalf of the landholders340 and Elliot reported that land values had increased because of the new line of road.341

On 18 December 1835 Bourke in his dispatch to Lord Glenelg, Colonial Secretary, describes the chain gang as idle worthless thieves rejected by the settlers. Bourke explained

it was extremely hard to restrain the men from committing further crimes in the nearby towns or farms closest to the stockade. Their irons did not hinder their work and all attempts was made to prevent them from escaping. With recent changes to the legislation Captain Otway had total control of both the road and the road and bridge gangs.342

The Convict Establishment and the local Magistrate Bench used the Ticket of Leave Criteria to assess the convict's performance. The Ticket of Leave was given for good behaviour, but it might also be withdrawn. A convict holding a Ticket for six years could also get a Conditional Pardon or if their conduct was excellent.343 The Condition Pardon meant they had to remain for example in the Illawarra for the rest of their sentence, but an Absolute Pardon had no conditions and could not be revoked.344 Those who failed to qualify for a pardon were entitled to a on completion of their sentence based on their original trial date.345

The government clearly understood that convicts could do ‘good work’ as labour on infrastructure projects. Less obvious were the unstated assumptions on which governments based this understanding. It also saw the doing of the work as a way to restate the positive aspect of the convict policy and to rehabilitate convicted felons. The overall aim of the government was to create a sober, well-behaved and

334 SR NSW, Letter 35/15, AS Elliot to S-G, NRS 13736, Bundle 2/1534, 20/10/1835. 335 SR NSW, Letter 35/18, AS Elliot to S-G, NRS 13736, Bundle 2/1534, 21/10/1835. 336 SR NSW, Letter 35/895, Otway to CS, NRS 905, Bundle 2/1468, 2/11/1835. 337 SR NSW, Letter 35/591 AS Elliot to PSC, NRS 962, Item 4/3681, Reel 1048, 27/10/1835. 338 SR NSW, Letter 35/698, S-G to CS, NRS 905, Item 4/5401, Reel 2840, 27/10/1835. 339 The Australian, 27 October 1835, p.51. 340 The Sydney Gazette and New South Wales Advertiser, 20 November 1834, p.1. 341 The Sydney Gazette and New South Wales Advertiser, 16 July 1835, p.3. 342 SR NSW, Letter 35/864, CS to S-G, NRS 13732, Bundle 2/1468, 9/11/1835. 343 NSW Government Gazette. 1 January 1830, pp.39-54. 344 Appendix A: The Road Builders, Table 5: Convict Overall Outcomes 345 NSW Government Gazette. 24 September 1832, p.39

59 reformed workforce.346 The convicts selected for this road project had arrived in 11 ships347 between 1833 - 1835 and they were mostly from England, and Ireland348 and they were transported mainly for larceny, housebreaking and highway robbery.349

To determine if the convicts reformed while working on the Dapto Road this next section focuses on who were the men to arrive on the road and how the Convict Reward System treated them.350 The Ticket of Leave Criteria was used to assess if the 105 men selected by the Convict Establishment were reformed.351 Perry reduced that list to an iron gang of 22 and a bridge party of 63 men. The list of 85 men were crossed checked for repetitive names and 73 men became the focus of the research. To determine who worked on the road the longest, the 73 men were cross checked with the Illawarra 1837 General Muster.352 The list was reduced to 37 (10 iron gang and 27 bridge party) and these men became the Case Study and were examined to determine whether they met the Ticket of Leave Criteria.353 Further research on the reoffending convicts was provided by The Sydney Gazette where names were crossed checked with the names on the General Muster in 1837 who were based in the Illawarra.354 The 1841 Census did not list any of the convicts working with the Government but it confirmed that the Wollongong, Charcoal Creek and Mullet Creek Stockades were still operating. The 1841 Census of the Illawarra had recorded 2,633 males and 1,411 females. 355 Within those figures there was a total of 897 convicts with 236 convicts on a Ticket of Leave and 221 under government employment.356 The success rate outcome of the men against the Ticket of Leave Criteria was 72% for the bridge party and 60% for the iron gang.357 Therefore, the second explanation for the main question of this thesis was not supported with the men in the Case Study.

McKenzie argued that the Colonial Government did not have an effective convict policy because it did not promote it to influence the debate and maintain convict transportation.358 Bourke tried to promote the Convict System in the Illawarra with the road construction, but the paradox was he needed well-behaved convicts. For example, on the 8 October 1837 Edward and Ann Green who lived near the Figtree stockade were robbed of £5. Green shot one of the convicts through the chimney but he fled from the roof with the other two convicts. The Sydney Gazette reported on 15 February 1838 that the three convicts William Blackhall, John Martin and Joseph Watkins had appeared on 10 February before the

346 ADB, ‘Bourke, Sir Richard (1777–1855)’, (1966), http://adb.anu.edu.au/biography/bourke-sir-richard- 1806/text2055, (accessed 23/9/2015). 347 Appendix A: The Road Builders, Table 6: Convict Ship Arrival. 348 State Library of . British Transportation Register, Convict Records: Ships, https://convictrecords.com.au/ships, (accessed 25/11/2017). 349 SR NSW, PSC, Printed Indents, 1830-1842, NRS 12189. 350 NSW Government Gazette. 24 September 1832, p.39 351 Appendix A: The Road Builders, Table 1: Ticket of Leave Criteria. 352 Appendix A: The Road Builders, Table 7: Convicts in the First Gangs but ‘Not Used’. 353 Appendix A: The Road Builders, Table 2: Bridge Party and Iron Gang Case Study. 354 The Sydney Gazette and New South Wales Advertiser, 15 February 1838, p.2. Appendix A: The Road Builders, Table 3: Bridge Party & Iron Gang Not Included in Case Study. 355 Organ & Doyle, 'Historical Records of the Illawarra Region of NSW 1770-1855…’. 356 Terry & Krimhilde Henderson, Early Illawarra: People, Houses, Life, (Australian National University, ACT: History Project Incorporated, 1983), Table 2. 357 Appendix A: The Road Builders, Table 4: Success Rate on the Ticket of Leave Criteria. 358 McKenzie, Scandal in the Colonies: Sydney and Cape Town, 1820-1850, p.127.

60 Chief Justice and military jury at the Supreme Criminal Court Sydney and that Bourke's convict system and military command had crumbled.359

The villainous convicts were investigated further to determine how they were treated by the Convict Policy. On 20 February 1838 Blackall was convicted for 'Life' again and transported to Norfolk Island and received his Ticket of Leave in 1853.360 Joseph Watkins who was admitted to Sydney Gaol in 1837 received his Ticket in 1851.361 The third man, John Martin was not charged with the robbery for lack of evidence and received his ‘Ticket’ in 1843.362 The jury acquitted both Watkins and Martin, but they were remanded on other charges. Therefore, one out of three men involved in the robbery met the criteria.363

Charles Newell a bullock driver was called as a witness and he provided a damning indictment on the management of the military stockade.364 Newell returned to Parramatta Gaol in irons 1844 and received his Ticket in 1848 therefore, he did not meet the criteria.365 The Sydney Gazette ridiculed Bourke's convict policy and referred to Charles Newell's evidence at his court hearing.366 Some evidence from Western Australia provides tentative support for the rehabilitation argument while at the same time going against the judgement of The Sydney Gazette. Brian Godfrey and David Cox in 2008 argued that the majority of convicts in Western Australia reoffended with minor crimes but the community's needs outweighed their criminal past and therefore they successful emerged into society.367 Though these convicts worked after 1868 during a time when social values and expectations had changed.

The Road Construction The construction methods and materials for the Dapto Road were based on Mitchell’s 1834 report.368 As the road was located on firm ground, a well-drained dirt road was required. Alexander Stewart explained that the gang formed the road and threw the dirt towards the centre of the road to obtain the required runoff level.369 The following image of Charcoal Creek taken from Cobbler’s Hill, captures his description.

359 The Sydney Gazette and New South Wales Advertiser, 15 February 1838, p.2. 360 Tasmanian Archive and Heritage Office, Indents 1844-1852 Male Convicts arriving from Norfolk Island, (CON17), http://search.archives.tas.gov.au/default.aspx?detail=1&type=S&id=CON17 , (accessed 7/1/2018). 361 Kay Vernon, Billie Jacobsen, (comp.) ‘Reports of Ironed Gangs stationed at Woolloomooloo Stockade, Cockatoo Island and Carters Barracks 1840-1848: Scone lockup book, persons attached to the road party: register of prisoners employed and government stock at the Government Stock Station Mulgoa’, c2009, Q994.4/73. 362 TNAL. Popular Musters & General Return of Convicts, (NRS 1260:1828 Convict Return, HO 10/28, PRO Reel 69; 1837 General Muster, HO10/32-35, PRO Reels 71- 72; 1806 Popular Muster HO 10/37, PRO Reel 72; 1811 Popular Muster, HO 10/5, PRO Reel 61, COD 486; 1849 Popular Muster, HO 10/40, PRO Reel 74-76; NRS 1260 1823-1841 Convict Returns, HO 10/44-51, PRO Reels 77-80). 363 Appendix A: The Road Builders, Table 3: Bridge Party & Iron Gang Not Included in Case Study. Appendix A: The Road Builders, Table 2: Bridge Party and Iron Gang Case Study. 364 The Sydney Gazette and New South Wales Advertiser, 15 February 1838, p.2. 365 SR NSW, NRS 2388, Parramatta Gaol Description Book 1831-1898, Vol. 4/6553-70, Reel 181-182. 366 The Sydney Gazette and New South Wales Advertiser, 15 February 1838, p.2. 367 Barry Godfrey and David J. Cox, 'The Last Fleet: Crime, Reformation and Punishment in Western Australia after 1868'. Australian & Journal of Criminology, vol 41, no. 2 (August 2008), pp.236-258. 368 SR NSW, Letter 34/555, S-G to CS, NRS 905, Item 4/5400, 21/10/1834. 369 Organ, ‘Reminiscences of Illawarra by Alexander Stewart’, p.24.

61

Figure 12: Unanderra from Cobbler’s Hill Figtree370 Allen Johnson in 1915371 and Maxwell Gordon Lay more than 70 years later described the three main influences of road engineering in colonial Australia, namely John Metcalf, Thomas Telford and John Loudon McAdam.372

Figure 13: Road Building Comparison with Metcalf, Telford & McAdam373 Many colonial engineers and surveyors under Mitchell such as Elliot had worked with Telford and McAdam in England. They were knowledgeable in road building but lacked the bridge engineering

370 WCL, ‘Figtree’, Image No. P01/P01899, Negative No. Online Catalogue, FM2/175/6/4A, (accessed 7/1/2018). http://mylibrary.wollongong.nsw.gov.au/cgi- bin/spydus.exe/FULL/PIC/BIBENQ/3083499/17539408,1?FMT=IMG 371 Allen Johnson, Union and Democracy, Boston, New York USA: Houghton Mifflin Company, 1915, 346 p. 372 Lay. Ways of the World: A History of the world’s roads …, 401 p. 373 Gerald-Massey, 'Roads and Those in Tring: Part 3: Brief History of Road Building.' Chapter 10. http://gerald-massey.org.uk/Tring/c_chapter%2010.htm, (accessed 8/10/2017).

62 component. All that changed when Mitchell found David Lennox in 1832. Mitchell was so impressed with Lennox's workmanship that he was immediately hired to work on the Great Roads of the colony.374

Mitchell recommended in 1834 that the bridge at Mullet Creek should cross about 300 feet lower than its existing ford at a place where a substantial bridge was necessary.375 On 3 June 1835 Elliot recommended the most feasible methodology and materials to use at either Charcoal or Barrett's Creek. He pointed out there was natural building material located near the site and the bridge might be constructed on stone piers. This could resist the force of the dead timber washed down by flood waters in all streams, as this was their greatest concern.376

Figure 14: Simple Bridge Construction Methods using Timber Planks377 Bridges were mainly simple structures and William Mitchell Gillespie wrote

The most simple and natural form of a bridge consists of two timber beams, laid across … (a) stream, or opening, which is to be passed over, and covered with planks to form the road-way. Walls … (are then) built to support each end of the timber, … (known as) abutments.378

The Illawarra Mercury provided Alexander Stewart's recollections on the bridges when he said that

they also made the bridges which were very rough, as the decking consisted of slabs and rough sleepers whilst the rails were the only sawn portion of the bridge.379

The simplistic approach used for bridging short widths during colonial times would not have survived water levels of the creeks and rivers on the coast. This practice might explain the constant complaints made by the inhabitants on the condition of the bridges. Supports from the base of the opening such as piers, upright props or timber shores were used for greater lengths and if the foundations were weak, the bridge was supported on piles. For deep openings or across rapid watercourses the use of bolsters and

374 Berger, ‘Masonry Bridges …’, p.20. 375 ‘Sir Thomas Mitchell Report on Roads …’. 376 SR NSW, Letter 35/2, AS to S-G, NRS 13736, Bundle 2/1534, 3/6/1835. 377 William M. Gillespie, ‘Figure 1.4 Simple bridge construction methods using timber planks’, 1868, in Berger, Masonry Bridges: ‘Heritage Study of Masonry Bridges in NSW’. RTA Environmental Technology, 2005, p.4. 378 William M. Gillespie, ‘A Manual of the principles and practice of Road-Making: comprising the location, construction, and improvement of Roads and Rail-Roads,’ (New York: A.S. Barnes & Co., 1847), p.173, https://babel.hathitrust.org/cgi/pt?id=hvd.32044091966085;view=1up;seq=11, (accessed 1/1/2018). 379 Organ, ‘Reminiscences of Illawarra by Alexander Stewart’ p.23. 379 Alexander Stewart was Wollongong's Police Constable and once convict.

63 struts or a straining-piece was installed instead.380 This raises the question why Bourke chose the new alignment when the old road had fewer bridges to build. The poor condition and design of the bridges were covered by The Sydney Herald,381 The Australian382, The Sydney Morning Herald 383and The Illawarra Mercury384 in many critical articles on the government's capability for constructing bridges in the Illawarra.

Contractors The government outsourced the delivery of all supplies and other requirements to the military stockades through a tender process advertised in The Sydney Gazette. Successful contractors supplied goods to the Illawarra from the Commissariat in Sydney, unless it was cheaper to provide locally. The Commissariat from 1788 until 1830 had been the central feature of the colonial economy and main economic driver of the early economy. It dominated colonial finance and acted as a bank.385 Contracts were annually renewed by the Deputy Commissioner General and advertised by the Commissariat Office. Prior to construction The Sydney Herald advertised tenders for supplies for the Road Department's military and convict stockades in the Illawarra. Every article had to be best quality and available for inspection anytime by the Survey Board. On 22 August 1831 The Sydney Herald reported that all supplies could be delivered to the relevant stockade huts at the contractor's expense.386 The Nelson Brothers provided all the stockade supplies ranging from work tools to household needs.387 The stockade also required a scourge, cook and wardsman for each gang, huts, bedding, utensils and lamps every time convicts were dispatched from Goat Island.388 On 24 September 1835 George Brown of the Illawarra was suppling supplies to the stockades.389

Mitchell requested permission to advertise for tenders to clear trees, remove and burn stumps within the road corridor. He recommended that clearing was required within 99 feet of the centre line of road and that remaining roots were to be at least 9 inches below ground surface.390 The successful local tenders were notified on 25 October 1834 for clearing whole or part of the road, namely William Wilson,391 James Mackay Gray, Thomas Campbell,392 and James Spearing.393

On 2 November 1835 The Sydney Herald advertised the sale of Spearing’s 3,000 acres that had excellent

380 Berger, ‘Masonry Bridges …’, pp.2-4. 381 The Sydney Herald, 22 August 1831, p.2. 382 The Australian, 6 January 1843, p.2. 383 The Sydney Morning Herald, 5 February 1856, p.6. 384 The Illawarra Mercury, 27 May 1858, p.2. 385 Gordon Beckett, ‘A Brief Economic History of Colonial NSW’. pp.55-56. 386 The Sydney Herald, 22 August 1831, p.2. 387 SR NSW, Letter 35/497, CS to S-G, NRS 13732, Item 4/3917, 2/7/1835. 388 SR NSW, Letter 35/217, CS to PSC, NRS 13730, Item 4/3665-76. 389 SR NSW, Letter 35/7801, Brown to S-G, NRS 13731, 24/9/1835. 390 SR NSW, Letter 34/570, S-G to CS, NRS 905, 25/10/1834. DMR, ‘The History of the Princes Highway’, p.77. 391 SR NSW, Letter 35/18, NRS 13736, Bundle 2/1668, 21/10/1835. 392 SR NSW, Letter 35/55, NRS 13736. 393 SR NSW, Letter 35/3700, NRS 13736.

64 agriculture potential, superior soils and road frontage with potential for a small lot subdivision.394 ‘Paulsgrove’ was sold to Lieutenant Colonel John Thomas Leahy who superintended the iron gang working on the road between Geards corner and Mullet Creek 395 but he changed the name from ‘Paulsgrove’ to ‘Mount Keera'.396

On 17 November 1835, The Sydney Gazette advertised a 12-month contract for the supply of forage for horses and oxen attached to the road parties and tea, sugar, tobacco.397 On 24 November 1835 The Sydney Gazette reported that the fertile district of the Illawarra could finally gain agricultural importance once the road was completed.398

The seven-mile road required fencing and on 15 December 1835 The Sydney Gazette advertised the tender to construct a fence through Spearing's land. The fence might consist of three rails and post buried two feet into the ground.399 Thirteen days later, Mitchell recommended that the local fencing contractors would be William Wilson for nearly two miles, James Mackay Gray400 and Thomas Campbell with four and a half miles.401 Spearing tendered for any amount of fencing at £4:10 shillings but Elliot rejected his tender for being too expensive. Yet, the local Police Magistrate Gray accepted it.402

The road builders experienced problems other than those directly related to the road. There were issues finding suitable land for stockades and the Deputy Commissioner General requested Mitchell’s Department to find and secure the land and plan for each stockade along the road instead of it being left to the discretion of the military.403 The number of local contractors who worked on the road increased in 1836. On 2 May 1836 Henry Osborne of 'Marshall Mount' submitted his tender for 15 good working oxen at £9:9 shillings404 but George Brown of 'Mullet Creek Farm' was awarded the contract as he might supply any number of working oxen at £9 each for the Illawarra bridge party.405 As a result of Mitchell’s department using local contractors during construction, George Tomlins, Chief Clerk of the Audit Office

394 The Sydney Herald, 2 November 1835, p.3. 395 The Illawarra Mercury, 29 June 1934, p.12. 396 William Graham McDonald, ‘The Old Stone Jug Transformed’, Illawarra Historical Society, 9 November 1985), p.70. 397 The Sydney Gazette and New South Wales Advertiser, 17 November 1835, p.4. 398 The Sydney Gazette and New South Wales Advertiser, 24 November 1835, p.4. 399 The Sydney Gazette and New South Wales Advertiser, 15 December 1835, p.4. 400 SR NSW, Letter 35/805, S-G to CS, NRS 905, Bundle 2/1466. 401 SR NSW, Letter 34/570, S-G to CS, NRS 905, Item 4/5400, Reel 203, 28/10/1834. 402 SR NSW, Letter 35/3700, NRS 13767. 403 SR NSW, ACS to DS-G, NRS 13732, Item 4/3654, 12/2/1836. 404 SR NSW, Letter 36/20, H Osbourne to S-G, NRS 13731, Bundle 2/1698, 2/5/1836. 405 SR NSW, Letter 35/26, AS Elliot to S-G, NRS 13731, Bundle 2/1534, 20/12/1835. Oxen were used by the bridge party when installing large pilings and stonework in creeks and on the roads. When the Illawarra Stockade was still at Cross Roads, Captain Otway visited the 'Mount Keera Estate' to wine and dine with Colonel Leahy. He returned to the stockade intoxicated and challenged the sentry on guard and tried to take his musket. The sentry allowed Otway to enter but reported him to the sergeant who then reported Otway to headquarters. On 9 April 1836 Otway shot himself at the camp. The Sydney Gazette reported that Lieutenant Otway was a zealous, accomplished, and highly efficient officer and his death would be long felt and regretted by his brother officers. The Sydney Gazette and New South Wales Advertiser, 14 April 1836, p.3. The article continued to explain that Lieutenant Sheaffe arrived at the stockade that day to replace him whilst he was under investigation 405 Otway’s body was buried in a sand bank at the Protestant cemetery on the outskirts of Crown Street, Wollongong. The Illawarra Mercury, 17 September 1920, p.15.

65 requested to audit Perry and Elliot on 12 December 1836. Tomlins wanted to know the overseer’s salaries in the bridge party and Perry responded with three shillings a day for the mechanics. Then he wanted to know why Wilson was used to provide the supplies and not the Commissariat. Perry explained that all purchase requisitions were acquired locally to reduce freight expenses from Sydney.406

Mitchell’s department was trying to conserve costs but the landholders on the Dapto Road - John Thomas Leahy, Edmund Burke of Wollongong, John Osborne 'Garden Hill' and William Simpson at Wollongong received approval from the Governor to obtain a contractor to build their road fence.407 Mathew Ryan at 'Ryan's Vale' also obtained approval for fencing his property road frontage.408 In December 1836 Wilson requested payment for the damaged section of fence caused by George Brown when he cleared the road, but his request was rejected because the fences were installed prior to the road being finished.409

As a result of the audit, on 29 December 1836 Mitchell was told that the Road and Bridge Department might be transferred to the Royal Engineers Department under Lieutenant-Colonel George Barney. Mitchell's department had failed to control or obtain successful results in return for the convict parties on the roads.410 Though, the iron and road gangs had previously been given to the military superintendent to manage both at work and at the stockade.411 The true reasons for Bourke's proposal to transfer the road gangs to the Commanding Engineer was because Mitchell could not delegate the Road Department's responsibilities to his Assistant Surveyors.412

The department infighting came from the top of the Establishment and this was evident when Bourke unexpectedly announced that Alexander McLeay might retire within the year. He could be replaced with his son-in-law Edward Deas Thomson, but McLeay chose to quit beforehand. McLeay, who was previously employed by Darling, was well respected and worked long hours as the Colonial Secretary and on the Legislative and Executive Council but he was not trusted by Bourke.413 McLeay consulted with Governor Gipps after Bourke was recalled and claimed compensation for "injurious misrepresentation" and received a lump sum in exchange for his pension.414

On 25 March 1837 Perry asked the new Colonial Secretary Edward Deas Thomson whether the tenders for fencing separate portions of the new road should be transferred to the Royal Engineers but his request was rejected.415 The road had been marked by his department so George Brown,416 James Schubert and William Warren Jenkins'417 received approval to fence the road through their estate between 1837 and

406 SR NSW, Letter 36/53, Tomlins to DS-G, NRS 13731, 12/12/1836. 407 SR NSW, Letter 36/29, AS to S-G, NRS 13736, December 1836. 408 SR NSW, Letter 36/193, Ryan to S-G, NRS 13731, December 1836. 409 SR NSW, Letter 37/10, CS to Wilson, NRS 906, December 1836. 410 Berger, ‘Masonry Bridges …’, p.9. 411 SR NSW, Letter 37/3, CS to S-G, NRS 13732, January 1837. 412 HRA. ‘Gipps to Glenelg’, (1838), Series 1, Vol. XIX, p.95. 413 Parliament of NSW, Mr Alexander Macleay (1767-1848). 414 Ibid. 415 SR NSW, Letter 37/187, DS-G to CS, NRS 906, 25/3/1837. 416 SR NSW, CE to ACS, NRS 905, Item 4/2 358.1, 11/4/1837. 417 SR NSW, Letter 43/6263, Jenkins to CRE, NRS 895.

66 1843.418

In May 1837 Bourke arrived in the Illawarra to see how Wollongong Harbour might increase its small vessels capacity to transport more produce to Sydney.419 He received considerable criticism about the convict system and he continued to work closely with the military officers to ensure the convicts did not disgrace the government.420 Moreover, he was keen to deliver on the redemptive and rehabilitation aspect of road building that he believed might transform the lives of convict workers.

Before the road was completed, the colony had a change of Governors. This changed had consequences for the Dapto Road. Sir George Gipps accepted his command 5 October 1837 and arrived with his family in Sydney on 24 February 1838. He was committed to ending convict transportation and squatter’s rights.421 Gipps wrote to Lord Glenelg about Bourke's proposal to transfer the road gangs to the Commanding Engineer but Gipps was concerned that the Commanding Engineer might do the same. He wanted a process to officially delegate those responsibilities to the Junior Engineers.422 The Engineer’s Department took over construction (the road build) and a Site Engineer replaced the Assistant Surveyor and military officer. The working arrangements included one party of convicts out of irons supervised by one Assistant Engineer in the Illawarra.423 At the Illawarra Stockade in 1838 there were 82 convicts including the road and bridge parties out of irons and there were ten bullock drivers and two iron convicts in the bridge party.424

On 14 July 1838 Gipps wrote to Glenelg for financial assistance to pay two outstanding invoices totalling £2,268. The order, for two new sets of convict boxes for up to 24 convicts and ten houses on wheels to move forward with the road work, was essential and rushed through by Bourke.425

On 10 October 1838 the Major of the Brigades, Captain Hunter426 wrote to the Commissioner of the Royal Engineers George Barney to inform him of the serious charges made by Wollongong's Police Magistrate Plunkett against Captain Rait of the 80th Regiment and the Superintendent of Ironed Gangs at Illawarra. Hunter said that Plunkett should have investigated the matter before making serious accusation on the behaviour of the military officers at stockade. He expected that the Governor would address Plunkett on his ill grounded charges because he had caused unnecessary trouble and expense which he may have to refund.427

On 12 March 1839 The Sydney Gazette reported on Major Mitchell's line of road through the Illawarra District. With many new farms established between Bulli and Wollongong, the article referred to the

418 SR NSW, Letter 34/570, S-G to CS, NRS 906, 25/10/1834. 419 The Sydney Gazette and New South Wales Advertiser, 20 May 1837, p.4. 420 Appendix A: The Road Builders, Table 8: Military Regiments of the Stockades. 421 ADB, ‘Gipps, Sir George (1791–1847)’, http://adb.anu.edu.au/biography/gipps-sir-george-2098/text2645 , (accessed 28/10/2016). 422 HRA. ‘Gipps to Glenelg’, (1838), Series 1, Vol. XIX, p.95. 423 SR NSW, CS to CR, NRS 895, Item 4/2451.1. 424 'General Muster of Convicts NSW & Norfolk Island December 1837’, HO 10/32-HO 10/35, Reel 71-72. 425 HRA. ‘Gipps to Glenelg’, (1838), Series 1, Vol. XIX, p.155. 426 Captain Hunter was previously known as the Deputy Military Secretary. 427 SR NSW, Letter 38/10790, Capt. Hunter to CRE Barney, NRS 895, 10/10/1838.

67 proposed road from Bulli to Wollongong. This was part of Mitchell’s 1831 proposal for his intended line of road along the coast to Sydney.428 On 18 April 1839 The Sydney Gazette announced that the Government had almost finished the construction of a breakwater and they had completed excavation of the dock for the Steamers and other vessels trading from Illawarra.429 This took almost two years to complete after Bourke’s visit to the harbour.

On 29 September 1839 Governor George Gipps arrived in Wollongong and inspected the breakwater and the Great Lake of Illawarra. The Australasian Chronicle asked Gipps to inspect the condition of the Main Road particularly after heavy rain. As it was a dirt road, it was impossible for transporting produce to the harbour and often settlers were injured or killed.430 Gipps assured the settlers that Illawarra had his attention and roads are a priority for the government but there were 'not enough funds' to fulfil all the demands of the colony.431 This is the first public reference used of the term Main Road for the new line of road through the district.432 On 1 November 1839 Assistant Surveyor Burnett reported to Perry on the Governor's inspection with the Commanding Royal Engineer who noted that work at Mullet Creek was taking too long because the bridge was built in the wrong location. Perry instructed Burnett to complete a new survey and find a more suitable alignment. The following plan shows the proposed new alignment (dotted line) and the existing convict-built road (straight line). Burnett spoke with various landholders and it was suggested a better line might be nearer to Gerrard house.433 The Mullet Creek Stockade is located top right near the creek on the plan.434

428 The Sydney Gazette and New South Wales Advertiser, 12 March 1839, p.1. 429 The Sydney Gazette and New South Wales Advertiser, 18 April 1839, p.4. 430 Australasian Chronicle, 29 September 1839, p.1. 431 Australasian Chronicle, 30 September 1839, p.1. 432 DMR, 'The History of the Prince's Highway', p.77. 433 SR NSW, Letter 40/55, Surveyor Burnett to DS-G, NRS 13768, Bundle 2/1515, 29/1/1840. 434 SR NSW, Letter 39/563, DS-G to Surveyor Burnett, NRS 13768, Bundle 2/1704, 1/11/1839.

68

Figure 15: (Ext) Plan of the Road near Mullet Creek - Burnett 1840435 By 1840 the road had taken six years to build and still unfinished. The Mullet Creek Bridge remained unresolved436 and Mitchell had budget constraints during the depression years. In 1870 the Department of Public Works advertised (No.2233) tenders for the erection of a bridge over Mullet Creek.437

It seemed for the next 30 years residents south of Mullet Creek used the old Dapto Road to Wollongong. Though, George Brown wanted to use the stone lying on the ground, partly prepared by convicts for the foundations of a proposed bridge and on 20 August 1842 he wrote to Thomson. He referred to the abandoned quarried sandstone438 for a dam or ford across Mullet Creek as the bridge was not safe to use. The new Assistant Colonial Secretary, William Elyard, agreed to Brown’s proposal with the understanding that he might use the stone only for the benefit of the community and for a bridge or dam.439

By 1844 Mitchell’s Department had collapsed and his staff was transferred to Crown Land or became licence surveyors. Mitchell was also investigated due to outstanding accounts for the road with local contractors. Gipps corrected the Treasurer and referred him to his errors and discharged Mitchell of any further liability. Gipps told the Auditor General and Treasurer that it was their job to see the accounts closed in suitable time.440 On 26 April 1843 Lithgow, the Auditor General, said he made the advances on

435 WCL, ‘Plan of the Road near Mullet Creek showing proposed alterations of the Line’, JC Burnett, (Sydney: Government Printers, 1840), No. 52227. 436 The Mullet Creek bridge site has possible remnants of the road and bridge still visible. 437 NSW Government Gazette, 25 November 1870, Issue No 286, p.2631. 438 SR NSW, Letter 42/6171, Brown to CS, NRS 906, No 4/2576, 20/8/1842. 439 SR NSW, Letter 42/165, ACS to Brown, NRS 13730, 8/12/1842. 440 HRA. ‘Gipps to Stanley’, Series 1, Vol. XXII, p.683, 15 /4/1843.

69 accounts that were outstanding to George Browne.441

The Road Protesters Despite the road’s obvious benefits to many residents – improved and safe transport and ease of conveying goods from farm to the harbour – not everyone supported this road and its location. Roads have always been an issue to and from Sydney due to environmental and topographical challenges of the Escarpment. The state government has similar demands from the estate agents, developers and commuters who travel to and from Sydney daily wanting better, safer and easier roads to reduce commuting times. Roads create protest and the most recent example was over the F6 Extension to Sydney with the removal of 460 homes or cutting through the National Park in June 2017.442 This section demonstrates that community protest have been around since colonial days and the government has perfected the process of managing it.

On 1 February 1840 Gipps received a petition from the Illawarra residents who supported the retention of the old Dapto Road as a Parish Road. The new line of road was almost complete and they were not satisfied with many landholders still preferring the old alignment. The new road was about one and a half miles longer and had eight bridges compared to three on the old road. This may well require more funding and labour to maintain. Supporters of the old road argued that a simple modification to the old road might allow it to carry more weight than what was proposed for the new line of road. Mitchell had originally surveyed the old road six years earlier and a north road from Wollongong in connection with the pass up Bulli mountain to connect with Mitchell’s proposed road to Sydney and Appin. The inhabitants requested that a surveyor compare the respective roads and report to the Governor on their comparative suitability.443 But, the response from the colonial authorities was that the new line of road was subsequently adopted with the new pass down Mount Keira after Bourke’s visit in 1834.

Even though some improvements were made on 1 August 1840 The Australian reported on what it believed to be the inadequate state of the Dapto Road. Local residents had already subscribed money for road repairs and for the government labour to build a suitable bridge over Mullet Creek. One Dapto local farmer Gerard had subscribed £100 towards the road repairs on Wylie’s Flat just north of Mullet Creek, but nothing eventuated.444

On 14 October 1841 The Sydney Morning Herald ran a feature article that canvassed the relative merits of the old road and the Dapto Road and pointed out that the new road was steeper. The article reported the results of a crude experiment. It used two drays equally laden and having the purported equal strength of horses or bullocks that set out from the same point. The team that used the old road arrived in Market Square Wollongong before the other team reached the half way point of the Dapto Road. It appears that the article gave scant consideration to the flat topography of one road and the mountainous state of the

441 HRA. ‘Lithgow to S-G’, (Voucher No.1, 1843), Series 1, Vol. XXII, p.682. 442 The Sydney Morning Herald, 14 June 2017, http://www.smh.com.au/nsw/f6-extension-to-mean-bulldozing- 460-homes-or-cutting-through-the-national-park-20170613-gwq6ba.html, (accessed 25/11/2017). 443 SR NSW, Letter 40/1131, MEM. 40/39, Petition to Gipps, NRS 13731, 1/2/1840. 444 The Australian, 1 August 1840, p.2.

70 other. After using seven of the best bullock drays on the Dapto Road it was unlikely that it might reach Wollongong with a dray fully laden compared with the same weight as a five-bullock dray, which would arrive with ease using the old road.445 The following image of Geards Hill shows the steep climb for a fully loaded bullock dray.

Figure 16: Geards Hill – South towards Ghost Creek, Figtree446 On 3 October 1842 Mathew Ryan at Figtree asked Thomson when the temporary bridge on his property be removed? It was built some distance from the Dapto Road until a more substantial bridge was to be built and he had suffered significant economic losses. He was not able to farm his land for seven years because of the temporary road alignment and the road being redirected through his land to access the temporary bridge.447 On 8 October 1842 William Elyard, Colonial Secretary Chief Clerk, responded to Ryan’s concerns. It was a brief reply – there is 'not enough funds' to build the intended Figtree Bridge.448 At the beginning of the road construction the government promised a minimal annual grant for road maintenance. Now the financial aspects of the road had changed. Some of the landholders really suffered as a result of the Dapto Road build and not only did the government have insufficient funds to complete the build, there were no funds available to maintain a completed road.

On 6 January 1843 The Australian reported on the poor state of the Dapto Road and challenged the

445 The Sydney Morning Herald, 14 October 1841, p.2. 446 WCL, ‘Geards Hill’, http://mylibrary.wollongong.nsw.gov.au/cgi- bin/spydus.exe/FULL/OPAC/ALLENQ/3092494/17539307,9?FMT=IMG&IMGNUM=1, (accessed 7/1/2018). 447 SR NSW, Letter 42/284, Ryan to Gipps, NRS 906, Item 4/2579, 3/10/1842. 448 SR NSW, ACS to Ryan, NRS 906, Item 4/2579, Reel 2295, 8/10/1842.

71 government to finish the Mullet Creek Bridge. The road, the poorly built collapsed timber bridge and location for the bridge in that part of the creek was a disgrace to the government. The article referred to Whologhan’s recent drowning whilst trying to cross Mullet Creek on his horse in floodwaters.449

On 27 June 1843 the Governor received a petition from 29 residents from Dapto seeking a direct line with the Main Road to Wollongong through the township of Dapto. However, the proposed route posed problems. A portion of the line surveyed in 1829 was occupied by Benjamin Marshall and John Barrett who had fenced their properties. Barrett’s land fronted the left bank of Dapto Creek and he had deliberately blocked public access to the road.450 This meant that transporting goods to Wollongong from Dapto was impossible and the local inhabitants wanted the Governor to intervene on their behalf and resolve the problem. The land originally was part of the ten Veterans Grants all disposed of by the time the deeds were issued. Veteran Daniel McCoy’s 100 acres was granted to John Barrett in 1839451 but he had been there long before.452 This issue did not end there. On 7 August 1843 Dr Thomas Perrott informed Colonial Secretary Thomson that the petition of 29 people was illegal as it fraudulently included his name.453 Mitchell had no reason to doubt the genuine nature of the petition, so he ordered Surveyor Burke to mark out a new road leading through Dapto to bypass Barrett’s property.454 Nevertheless, Thomson requested Police Magistrate Plunkett to investigate the matter. On 31 August, Plunkett told the Governor that Perrott’s name was attached to the petition by Mary, Barrett's daughter, without her father’s knowledge.455

On 14 September 1843 Principal Secretary Watson received a letter from Captain Sheaffe regarding Barrett's road block. Captain Sheaffe had retired two years previously and settled at “Stream Hill” Dapto. Sheaffe had obtained a right of way in 1842 which was marked out by Surveyor Burke for £5. On 5 August Sheaffe was stopped by Barrett when carrying a load of farm produce to Wollongong in contravention of the sign Barrett had erected. Barrett had put up a written notice that stated he had the Wollongong Bench of Magistrates’ authority to block the road.456

Barrett ordered Sheaffe’s servant to find another way to Wollongong by going through ‘Drinkwater’s Farm’. Sheaffe found his servant with the dray unloaded to cross the creek and with the assistance of another two bullocks (eight in total) he got the dray over with difficulty for the bullocks. The next morning Sheaffe lost his best bullock and that left him with not enough bullocks to plough his new ground.

449 The Australian, 6 January 1843, p.2. 450 SR NSW, Letter 42/699, Petition to S-G, NRS 906, Item 4/5399, Reel 2839. Barratt and his wife in 1827 were convicted for theft and transported for seven years. 451 Illawarra Mercury, 26 October 1934, p.2. 452 DMR, 'The History of the Prince's Highway', p.78 453 SR NSW, Letter 43/5807, Perrott to CS, NRS 906, Item 9/2688, 7/8/1843. 454 DMR, 'The History of the Prince's Highway', p.78 455 SR NSW, Letter 43/6346, PM Plunkett to CS Thomson, NRS 906, 31/8/1843. 456 SR NSW, Letter 43/6726, MEM.43/8177, Sheaffe to PS Watson, NRS 906, 14/9/1843.

72

Figure 17: Bullock Dray at Charcoal Creek-Unanderra457 The matter did not end there. The Bench of Magistrates in Wollongong denied that they had given Barrett any authority to stop traffic using the road. They referred Sheaffe to the Campbelltown government office where he originally obtained his right of way. Plunkett in the presence of John Osborn JP admitted that he had given permission for Barrett to put up the fence. Though, he was not on the bench when he gave this approval. He was now in a position to alter his decision and ordered Barrett to remove the fence.458 Plunkett did not like the expense of a lawsuit so he referred Sheaffe to Mitchell. Mitchell did not respond. Sheaffe then submitted his case to the Governor as he had farm produce ready for market. Sheaffe requested that the old road reopen until the new road was formed, as that precedent was set in Spearing’s court case against Throsby Smith.

On 1 September 1843 Sheaffe was told that the closing of the road or part of the road prior to a new road opening seemed unwarrantable and a surveyor could be sent within the month. On 22 September 1843 Mitchell instructed Burke to mark out the road considering the Dapto inhabitant’s needs including those of Sheaffe.459 Burke’s proposed plan required Executive Council approval before any action could be taken. The Proclamation of a Parish Road and opening a new road had to be observed before the actual road was used or closed. Thomson was informed that Burke's plan for the proposed road from Dapto over Mullet Creek connecting to the new line of road to Wollongong was completed.460 On 23 September the new Parish Roads Act 1840 was created for the making and repairing of Parish Roads in the colony of

457 WCL, ‘Unanderra 1880-1890’, No. P02/P02591, Negative No. FM1/134, Online Catalogue, FM2/35/5/5A, http://mylibrary.wollongong.nsw.gov.au/cgi- bin/spydus.exe/FULL/PIC/BIBENQ/3083499/17540089,2?FMT=IMG, (accessed 7/1/2018). 458 SR NSW, Letter 43/6726, MEM.43/8177, Sheaffe to PS Watson, NRS 906, 14/9/1843. 459 SR NSW, Letter 43/470, S-G to Surveyor Burke, NRS 13768, 22/9/1843. 460 SR NSW, Letter 43/5867 Surveyor Burke to S-G, NRS 13736, Item 4/5408.

73 NSW.461 On 7 November 1843 Mitchell provided Governor Gipps with Burke's plan showing the most suitable line of road after much consultation with the community. Burke suggested that the road be proclaimed as a Parish Road under the new Act and province of the District Council.462

Figure 18: Plan showing the Line of Road - Burke 1843463 On 9 November 1843 Mitchell responded to Thomson on the outcome of the community consultation taken by Burke and the plan marked with the most suitable proclaimed Parish Road under the new Act of 1840. Mitchell told Sheaffe that his complaint belonged under the jurisdiction of the District Council and a copy of the plan should be forwarded to the Warden with a full explanation.464 Thomson was instructed to tell Sheaffe to contact the District Council as the Governor hoped that they will assist him with his complaint.465 On 17 November 1843 Mitchell suggested that the District Council might complete the works under the new By Laws. Mitchell said

For making, maintaining or improving any new or existing road, street, bridge or other convenience communication and means of passage thru the district, or for stopping up, altering or diverting any road, street or communicating within the limit of the district.466

The District Council was responsible for consultation with the public on Council’s intentions for the road and any relevant objections should be considered under the Act.

461 Austlii, ‘Parish Roads Act 1840 No. 17a’, http://classic.austlii.edu.au/au/legis/nsw/num_act/pra1840n17165/, (accessed 6 January 2018). 462 SR NSW, Letter 43/8177, S-G to Gipps, NRS 906, 7/11/1843. 463 SR NSW, ‘Plan showing the line of road for the use of the Parish of Dapto, Illawarra’ (1843), R. 1239, [5288] NRS 13870, (COD 84-87). 464 SR NSW, Letter 43/8177, S-G to CS, NRS 906, 9/11/1843. 465 SR NSW, MEM.43/8177, Gipps to CS Thomson, NRS 13731, 9/9/1843. 466 SR NSW, Letter 43/456, S-G to District Inspector Warden, NRS 906, Item 4/5408, 14/11/1843.

74 On 26 March 1844, The Sydney Morning Herald reported on a meeting in Wollongong to petition the Governor against the establishment of a toll by the District Council. Not surprisingly, it was a rowdy meeting. The road was in need of repair and the Mullet Creek Bridge was unusable. The meeting agreed that the toll was not the most equitable, easiest and nor most satisfactory way of raising the necessary funds and that the meeting was not the proper time or place to decide on the toll.467

Governor Gipps in 1844 instructed the prisoners to be removed from the Mullet Creek, Charcoal Creek, Figtree and Illawarra Stockades as they were to be demolished. The Main Road continued to extend down the coast of NSW and by the turn of the century it had reached the Victorian border and during the visit of the Prince of Wales in 1920 the National Roads Association secured the coastal road from Sydney to Melbourne and then Adelaide as the Prince's Highway. 468

Conclusion This chapter has three sections the road builders, road construction and road protesters. The road builders were made up of civil servants, local landholders who became contractors and a Case Study of 37 convicts (10 iron gang and 27 bridge party) who were examined in this chapter to determine – why the road was built? The second explanation was not supported for demonstrating the government’s policy on punishment and reform as the study showed that only 72% of the bridge party and 60% of the iron gang were successful.

The demarcations between the early settlers over rights to use the old Dapto Road for access to the harbour had returned when the road was near completion. The constructions methods and materials outlined were basic and cost effective. However, there were more challenges with topography and creeks on the new road alignment and this created frustration within the community who were left in some cases without a farm for income, road or a bridge to reach the harbour as optimistically promised. There were more protesters, complaints, petitions, critical articles and road blocks. The inconvenience of forced land requisition, six years of road construction and eventually an unsatisfactory result as it was longer, steeper and harder to maintain, left an angry and frustrated community. The government’s management of the community was to introduce a new legislation that would refer most road complaints to the District Council.

467 The Sydney Morning Herald, 26 March 1844, p.2. 468 DMR, 'The History of the Prince's Highway', p.83.

75 Chapter 4

Conclusion What at first glance appeared to be nothing more than a simple road, became a complex web of decisions about and reasons for its road alignment and construction. This chapter draws together the arguments and evidence from the first three chapters. The first chapter set out the scope and provides the central question of the thesis - why was the road built?

The first explanation is based on the need for shipping agriculture produce to the Sydney markets and this explanation is supported. Illawarra’s economic and demographic development was strengthened with an increase in population. The principal contributor to the district’s development was James Spearing and he provided the government with the road concept. The government had the solution to resolve the complaints, petitions and demarcations between the early settlers. This concept provided access over the escarpment for inland farmers to access the harbour via the Dapto Road. However, the Dapto Road is more than an early colonial artefact, it was an instrument of punishment and reform.

The second explanation examines a Case Study of convicts who arrived in the first two gangs. The aim of the study was to determine if the convicts had reformed but the results were 72% for the bridge party and 60% for the iron gang therefore, the second explanation was not supported. The road and bridge constructions were incomplete and there were no funds. The community’s mounting frustration produced more petitions, critical articles, protestors and road blocks.

The Dapto Road was eventually built and contemporary road builders have largely followed its original path. It continues to provide a safe and direct route from the outlying suburbs of Kanahooka, Koonawarra and Dapto to Wollongong. Where the original route provided only one path to Wollongong, especially Wollongong Harbour, present-day road networks provide many routes from these suburbs to Wollongong and its harbour.

The Dapto Road was a complex construction and its complexities transcended the use of the materials that made the road. Put simply, it was more than a transport route from one part of the Illawarra to the other – Wollongong Harbour to Dapto. It was an instrument of convict punishment and potentially prisoner redemption where colonial authorities saw hard work through building might not only add to Wollongong’s infrastructure but also transform convicts into good colonists. It was also a site of controversy where the ambition of one prominent land owner James Spearing, contrasted markedly with the local aspiration of small holders. And finally, it has endured – of sorts. The route remains largely the same.

76 Bibliography

Primary Sources

Archival Sources Australian Bureau of Statistics History of Roads in Australia

Historical Records of Australia Series 1, Volumes II, IX, XI, XV

State Records of New South Wales Data includes principally NRS 895: Copies of letters and circulars sent (Colonial Engineer) NRS 898: Colonial Secretary, Special Bundle 1794-1825. NRS 905: Colonial Secretary, Main Series of letters received 1826-1982 NRS 906: Colonial Secretary, Special Bundles letters received, 1826-32 & 1833-45 NRS 907: Letters from individuals re Land re Land (Colonial Secretary) NRS 1001: Copies of letters to the Surveyors NRS 1260: Popular Musters NRS 1281: 1841 Census Household Returns and Affidavit Forms NRS 1286: Returns of the Colony (Blue Books), 1822-1870 NRS 2080: Cockatoo Island Penal Establishment Alphabetical Record NRS 2134: Darlinghurst Gaol Entrance Book, 1841-1849 NRS 2138: Darlinghurst Gaol Description Book, 1869-1914 NRS 2375: Newcastle Gaol Entrance/Description Book Index 1840-1848 NRS 2388: Parramatta Gaol Description Book, 1831-1898 NRS 2424: Phoenix Hulk: Gaol Entrance Books, 1833-1837 NRS 2514: Sydney Gaol Books, 1819-1841 NRS 2515: Sydney Gaol Books, 1839-1840 NRS 2517: Sydney Gaol Books, 1831-1839 NRS 2519: Sydney Gaol Books, 1841-1841 NRS 3408: Hyde Pk Barracks Court of General Sessions Letters Sent Copies NRS 12188: Principal Superintendent of Convict, Indents, 1831-42 NRS 12189: Superintendent of Convict, Annotated Indents, 1788-42 NRS 12202: Superintendent of Convict, Ticket of Leave Butts, 1827-67 NRS 12204: Superintendent of Convict, Ticket of Leave Passport, 1835-55 NRS 13236 -39: Miscellaneous Returns/Prisoners in Irons Index, 1840-48 NRS 13239: Index of prisoners sentenced to work in irons tried at Quarter Sessions, the Police Office, and Hyde Park Barracks.

77 NRS 13730: Letter to individuals from Colonial Secretary received by the Surveyor-General NRS 13731: Letters Received from Private Person and Officials NRS 13732: Letters Received from Colonial Secretary (Surveyor-General) NRS 13736: Letters Received from Surveyors, 1822-55 (Surveyor-General) NRS 13751: Letters Received (Surveyor General) NRS 13768: Letters sent to Surveyors 1832-1863 Reels 2826-2835 (Surveyor-General) NRS 13836: Registers of Land Grants and Leases, 1792-1856 NRS 13889: Surveyors’ Field Books, 1794-1903

State Library New South Wales-The Mitchell Library ‘New South Wales, The Governor’s Diary by Lachlan Macquarie, Vol 14: 11 March 1821 - 12 February 1822’, A 774-3. ‘Sir Thomas Mitchell Report on Roads and Public Works in NSW, 1827-1855’ A331 and A331A. Vernon, Kaye, Billie Jacobsen, (comp.) ‘Reports of Ironed Gangs stationed at Woolloomooloo Stockade, Cockatoo Island and Carters Barracks 1840-1848: Scone lockup book, persons attached to the road party: register of prisoners employed and government stock at the Government Stock Station Mulgoa’, c2009, Q994.4/73. ‘Votes and proceedings of the Legislative Council, New South Wales, Vol 1’, (Sydney, Bent Street: WW Davies at the Government Printing Office, 1846), p. 57, Q328.9106/6.

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The National Archives London Great Britain Census data and other Public Record (PRO) or Home Office (HO) data: HO 10/5: 1811 Popular Muster HO 10/28: 1828 Convict Return HO 10/32-35: 1837 General Muster HO 10/37: 1806 Popular Muster HO 10/40: 1849 Popular Muster HO 10/44-51: 1823-1841 Convict Returns HO 10/55: NSW & Tasmania, Convict Pardons/Tickets of Leave 1834-1859 HO 27: Criminal Registers, England and Wales.

Cartographic material - Wollongong Library Reference Collection Burnett, J C., 1840, Plan of the Road near Mullet Creek showing proposed alterations of the Line, January 29, Sydney: Government Printers, No. 52227. Elliot, Phillip, 1833, Plan of Road through the District of Illawarra, Sydney: Government Printers, No 5959, W.828.

78 Elliot, P., 1834, Plan of Part of the New Line of Road through the District of Illawarra. Sydney: Government Printers, No. 5080. Mitchell, Thomas L., 1834, Map of Illawarra 1834. Sydney: Government Printers, Mitchell Map Collection, No. 202108.

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79 Edmonds, Leigh. The Vital Link: a History of Main Roads Western Australia 1926-1996. Nedlands, WA.: University of Western Australia Press, 1996. Fleming, Alexander Patrick. The Illawarra District Council of 1843-1858: An Account of the First Attempt at Local Government in the Illawarra District of NSW. Wollongong: Illawarra Museum, 1970. Frankopan, Peter. The Silk Roads: A New History of the World. London, UK., Bloomsbury Publishing Plc, 2015. Fry, Elizabeth. Reminiscences Illawarra Early Settlers. No.2 (No 5), Wollongong, NSW: Wollongong City Library, 1920. Gibbs, Alison, Catherine Warne. A Pictorial History Wollongong. Alexandria, NSW: Kingsclear Books, 1995. Gurr, Ted Robert. Political Rebellion: Causes, outcomes and alternatives. London and New York: Routledge Taylor & Francis Group, 2015. Hagan, Jim and Wells, Andrew (eds). A History of Wollongong. Wollongong, NSW: University of Wollongong Press, 1997. Hargrave, Charles Townshend. Road Making: A manual of the principles and practice of road making: as applicable to Australia, South Africa and other countries with similar climates. Melbourne, VIC: G. Robertson, 1908. Hirst, John Bradley. Convict society and Its Enemies: a history of early New South Wales. Sydney, NSW: George Allen & Unwin Australia Pty Ltd, 1983. Hughes, Robert. The Fatal Shore: A History of the Transportation of Convicts to Australia 1787-1868. Sydney, NSW: Pan Books in association with Collins, 1988. Johnson, Allen. Union and Democracy. Boston, New York USA: Houghton Mifflin Company, 1915. Karskens, Grace. Historical and Archaeological study of Cox's Road and the early crossings of the Blue Mountains New South Wales. Sydney: Crowns Land Office, Bicentennial Project Unit, 1988. Karskens, Grace. The Colony: A History of Early Sydney. Crows Nest, NSW: Allen & Unwin, 2010. Kass, Terry. A Thematic History of the City of Wollongong: Final Report for Wollongong City Council. Lidcombe, NSW: Heritage Council of New South Wales and NSW Government Department of Planning, 2010. Kaszynski, William. The American Highway: The History and Culture of Roads in the United States. Jefferson, North Carolina: McFarland & Company Inc., 2012. Kuring, Ian. Redcoats to Cams: A History of Australian Infantry 1788–200. Loftus, NSW: Australian Military History, 2004. Larcombe, Frederick Arthur. The development of local government in New South Wales, Melbourne F.W. Cheshire, 1961. Larcombe, Frederick Arthur. The Origin of Local Government in New South Wales, 1831-1858. Sydney, NSW: Sydney University Press in association with the Local Government Association of NSW & the Shires Association of NSW, 1973. Lavelle, Siobhan. 1813 A Tale that Grew in the Telling. Sydney, NSW: Write Light Pty Ltd, 2013. Lay, Maxwell Gordon. Ways of the World: A History of the world’s roads and of the vehicles that used them, Sydney, NSW: Primavera Press, 1992.

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81 Mitchell, Glenn. 'The Garden of the Illawarra'. In Jim Hagan and Andrew Wells (eds). A History of Wollongong. Wollongong, NSW: University of Wollongong Press, 1997. Organ, Michael and Speechley Carol, 'Illawarra Aborigines'. In Jim Hagan and Andrew Wells (eds). A History of Wollongong. Wollongong, NSW: University of Wollongong Press, 1997, pp. 1-22. Sheldon, Peter. 'Local Government to 1947'. In Jim Hagan and Andrew Wells (eds). A History of Wollongong. Wollongong, NSW: University of Wollongong Press, 1997.

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State Governments Websites Berger, Ian, 'Masonry Bridges: Heritage Study of Masonry Bridges in NSW', 2005, Road and Traffic Authority, Environmental Technology, http://www.rms.nsw.gov.au/documents/about/environment/bridge-types-historical-overviews- 2006_masonry.pdf, (Accessed 8 October 2017). FitzSimons, Peter, ‘The Old Hume Highway. History begins with a road’, Roads and Maritime Services, 2013, http://www.rms.nsw.gov.au/documents/projects/south-western/hume-highway/history-begins-with- a-road.pdf, (Accessed 2 January 2018). Kass, Terry, 'RTA Thematic History. A component of the RTA Heritage and Conservation Register', 2nd Edition, 2006, Comp. for the Road and Traffic Authority, http://www.rms.nsw.gov.au/documents/about/environment/thematic-history-rta2006.pdf, (Accessed 26 October 2017). Newman, Terry, ‘Becoming a Penal Colony’, (Ext) ‘Becoming Tasmania remaining Van Diemen’s

84 Land’, Parliament of Tasmania, 2005, http://www.parliament.tas.gov.au/php/BecomingTasmania/convictpunishment08.pdf, (Accessed 15 October 2017). New South Wales Department of Planning and Environment 2018 ‘Wollongong Illawarra’, (Accessed 7 April 2019) http://webmap.environment.nsw.gov.au/PlanningHtml5Viewer/?viewer=SEPP_CoastalManagement New South Wales Government State Archives and Records, Convicts Guide, https://www.records.nsw.gov.au/archives/collections-and-research/guides-and-indexes/convicts-guide, (Accessed 25 November 2017). New South Wales Land Registry Services, 'New South Wales. Surveyor General's Office. Surveyor's Instructions. 1872. Plus Circulars from 1873-1874', www.nswlrs.com.au/__data/assets/pdf_file/0004/211864/surveyors_instructions_1872_transcript.pdf, (Accessed 29 December 2017). Road and Traffic Authority, ‘The Convict Trail: the Great North Road: Self-guided Tour’, http://www.rms.nsw.gov.au/about/environment/protecting- heritage/documents/self_guided_tours/the_convict_trail_the_great_north_road.pdf, (Accessed 2 January 2018) State Library of Queensland, British Transportation Register, Convict Records: Ships, https://convictrecords.com.au/ships, (Accessed 25 November 2017).

University of Wollongong Websites Kelly, Andrew H, 'The Development of Local Government in Australia, Focusing on NSW: From Road Builder to Planning Agency to Servant of the State Government and Developmentalism', pp.1-18, http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1542&context=lawpapers, (Accessed 8 October 2017). Organ, Michael, Arthur P Doyle, 'Historical Records of the Illawarra Region of NSW, Australia 1770- 1855: A Chronological Guide to Sources and Events', University of Wollongong (January 1995), https://www.uow.edu.au/~morgan/ilchron1.htm, (Accessed 15 October 2017). Organ, Michael K., Robert Hardy, ‘Pioneers of the Illawarra - a history of the family of Elias Organ in Wollongong, 1839-1869’, (1884), pp.23-25, http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1132&context=asdpapers, (Accessed 2 January 2018). Organ, Michael, K., (comp. ed.) ‘Reminiscences of Illawarra by Alexander Stewart’, University of Wollongong, (1987), http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1153&context=asdpapers, (Accessed 1 January 2018). Organ, Michael K., (comp. ed.) ‘The Illawarra Diary of Lady Jane Franklin, 10-17 May 1839’, (1988), http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1031&context=asdpapers, (Accessed 2 January 2018) Organ, Michael, (comp. ext.) 'The Story of the Illawarra Stockade. Stationed Military Regiments & Convict Discipline 1816-44', (2005), http://www.uow.edu.au/~morgan/stockade.htm, (Accessed 20 March 2015).

Wollongong City Libraries and the Illawarra Historical Society Collection ‘Unanderra 1880-1890’, Image No. P02/P02591, Negative No. FM1/134, FM2/35/5/5A,

85 http://mylibrary.wollongong.nsw.gov.au/cgi- bin/spydus.exe/FULL/PIC/BIBENQ/3083499/17540089,2?FMT=IMG, (Accessed 7 January 2018). ‘Figtree’, Image No. P01/P01899, Negative No. FM2/175/6/4A, http://mylibrary.wollongong.nsw.gov.au/cgi- bin/spydus.exe/FULL/PIC/BIBENQ/3083499/17539408,1?FMT=IMG, (Accessed 7 January 2018). ‘Geards Hill’, http://mylibrary.wollongong.nsw.gov.au/cgi- bin/spydus.exe/FULL/OPAC/ALLENQ/3092494/17539307,9?FMT=IMG&IMGNUM=1, (Accessed 7 January 2018). ‘Ghosts Creek Bridge’, (1910), Weber, Carl, Weber Collection in Wollongong City Library, Online Catalogue, https://wollongong.spydus.com/cgi-bin/spydus.exe/ENQ/WPAC/BIBENQ?BRN=306579 (Accessed 7 April 2019) ‘Stockade Illawarra’, by Lady Georgiana Sherbrooke, in ‘Album of watercolours of scenes in New South Wales 1842-1850’, Mitchell Library D390, p.29b-71a, http://mylibrary.wollongong.nsw.gov.au/cgi- bin/spydus.exe/ENQ/OPAC/BIBENQ?BRN=319478, (Accessed 7 January 218).

Other Web Sources Barst, Julie M., 'The Molesworth Report and the Dissolution of Convict Transportation to Australia, August 1838,' Branch Collective, Britain, Representation and Nineteenth-Century History. (ed.) Dino Elliot, P., ‘Plan of the road through the district of Illawarra’, (1833), Wollongong City Library Online Catalogue, BRN: 190980. https://wollongong.spydus.com/cgi-bin/spydus.exe/ENQ/WPAC/BIBENQ? (Accessed 7 April 2019). Franco Felluga, http://www.branchcollective.org/?ps_articles=julie-m-barst-the-molesworth-report-and- the-dissolution-of-convict-transportation-to-australia-august-1838, (Accessed 8 October 2017). Family Tree Circles, 'James Stares Spearing' by Janilye, (2015), http://www.familytreecircles.com/looking-for-any-connection-between-james-stares-spearing-who-came- to-australia-on-the-harvey-in-1825-and-alfred-spearing-b1901-in-kensington-england-63578.html, (Accessed 7 January 2018). Gerald-Massey, 'Roads and Those in Tring: Part 3: Brief History of Road Building'. Chapter 10, http://gerald-massey.org.uk/Tring/c_chapter%2010.htm, (Accessed 8 October 2017). Konakci Mine, 'A Convict in the Family? Travelling Exhibition', 2011, Sydney Living Museums, http://sydneylivingmuseums.com.au/exhibitions/convict-family, (Accessed 6 June 2016). Martens, Conrad, 1853, ‘Mullet Creek Illawarra’, Wollongong City Gallery, https://collection.wollongongartgallery.com/objects/1109 (Accessed 7 April 2019). Migration Heritage Centre, '1830-1840s: Assisted Immigration Introduced'. Powerhouse Museum, NSW. 2010. Migration Heritage Centre, Objects through Time, http://www.migrationheritage.nsw.gov.au/exhibition/objectsthroughtime-history/1830-1840s/, (Accessed 15 October 2017). Mitchell, Thomas L., Map of Illawarra 1834. Wollongong City Library Online Catalogue BRN: 191183, https://wollongong.spydus.com/cgi-bin/spydus.exe/ENQ/WPAC/BIBENQ?BRN=191183 (Accessed 7 April 2019) Mulhearn, Phil, ‘Mapping the Georges River’, 2015.

86 https://dictionaryofsydney.org/entry/mapping_the_georges_river, (Accessed on 11/3/2018). Ozroads, 'NSW Road History', http://www.ozroads.com.au/NSW/history.htm, (Accessed 11 December 2017). Project Gutenberg Australia, ‘Report of the Commissioner of Inquiry, on the state of Agriculture and Trade in the Colony of New South Wales', http://gutenberg.net.au/ebooks13/1300241h.html, (Accessed 15 October 2017). State Library NSW, ‘The Convict Experience’, http://www.sl.nsw.gov.au/stories/convict-experience (Accessed 6 March 2018). The Convict Trail Project Inc. ‘Caring for the Great North Road’. (2014), http://greatnorthroad.com.au/, (Accessed 4 January 2018). The Daily Telegraph, 'Minister Criticises WestConnex Protests', (10 February 2015), http://www.news.com.au/national/breaking-news/minister-criticises-westconnex-protests/news- story/749ca1803ff74b03848471a345f9ed10, (Accessed 18 December 2014). The Sydney Morning Herald, 14 June 2017, http://www.smh.com.au/nsw/f6-extension-to-mean- bulldozing-460-homes-or-cutting-through-the-national-park-20170613-gwq6ba.html, (Accessed 25 November 2017). ‘Twenty chain map of South Coast District Sheet No 2’, (195?), Robinson, H.E.C., Wollongong City Library, Online Catalogue, https://wollongong.spydus.com/cgi- bin/spydus.exe/ENQ/WPAC/BIBENQ?BRN=477485, (Accessed 7 April2019) Unfit For Publication, '1837-38, Molesworth Committee Inquiry', http://www.unfitforpublication.org.au/cesspools/90-1837-38-molesworth-committee-inquiry, (Accessed 29 December 2017). Wikipedia, ‘The 141 counties of New South Wales, with the original Nineteen shown in pink’, (2012), https://upload.wikimedia.org/wikipedia/commons/thumb/1/11/New_South_Wales_cadastral_divisions.pn g/450px-New_South_Wales_cadastral_divisions.png , (Accessed 18 October 2017). William M. Gillespie, ‘A Manual of the principles and practice of Road-Making: comprising the location, construction, and improvement of Roads and Rail-Roads', (1847), https://babel.hathitrust.org/cgi/pt?id=hvd.32044091910174;view=1up;seq=9, (Accessed 1 January 2018). Wollongong City Council, 'Aboriginal Communities - The Original Aboriginal inhabitants of the Wollongong area are the Dharawal people', http://www.wollongong.nsw.gov.au/services/community/pages/aboriginal.aspx#gref, (Accessed 18 October 2017). Yarra Campaign for Action on Transport, ‘Residents Against Tunnel: Murphy V East West Toll Supreme Court Verdict', http://www.ycat.org.au/residents-against-the-tunnel-murphy-v-east-west-toll-supreme- court-verdict/, (Accessed 11 December 2017).

87 Appendices

Appendix 1 - The Road Builders Methodology The method used to examine the 37 convicts started with the 105 men first selected by the Convict Establishment. Bourke and Perry assessed each convict and the list was reduced to an iron gang of 22 and a bridge party of 63 men. The lists were crossed checked for repetitive names and 73 men became the focus of the research. To determine who worked on the road the longest, the 73 men were cross checked with the Illawarra 1837 General Muster. The list was reduced from 73 to 37 and these men were examined to determine whether they met the Ticket Criteria. The 37 men consisted of 10 iron gang and a bridge party of 27 convicts. Their first conviction date and sentence length were recorded to determine whether they completed on time, or their sentence was shortened or extended because of reoffending.469 The first Ticket date was used to determine whether they met the criteria. The total number of convicts assessed was 37 but 2 iron gang convicts had no findings, and this was due death, change of identity and/or successfully absconding. Any convict identified during the thesis was researched but their findings were not included as part of the examination and details of the Case Study are listed in Table 2.

The Ticket of Leave Criteria was used by the Convict Establishment and the local Magistrate Bench for assessing the convict’s performance. The same criteria were used to examine the convicts included in the Case Study listed in Table 2. Table 1: Ticket of Leave Criteria470 Sentence Criteria Description Case Study 4 years with 1 Master 7 years and/or 2 men 5 years with 2 Masters 6 years with 1 Master 14 years 8 years with 2 Masters 5 men 10 years with 3 Masters 8 years with 1 Master Life reduced to 10 years with 2 Masters 33 men 10 or 12 years 12 years with 3 Masters

The Case Study The Criterion provided an incentive to stay with one Master and reduce their sentence, but if a convict had more Masters than listed in the criteria they may well still be considered. The study examined how many Masters each convict had including the government before they obtained their Ticket of Leave. Table 2: Bridge Party and Iron Gang Case Study471

469 The Sydney Gazette and New South Wales Advertiser, 15 February 1838, p.2. 470 HRA, Special Qualifications. Government Order, 23/5/1831, No. 12, p.66.

88 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No Sentences: Criteria for Ticket of Leave (TOL): 7 years 4 years x 1 Master; 5 years x 2 Masters 14 years 6 years x 1 Master; 8 years x 2 Master; 10 years x 3 Masters Life 8 years x 1 Master; 10 yrs. x 2 Masters; 12 yrs. x 3 Master No1732, List 22 Iron Gang Thomas Thomas Bird No.35/1510 was -Was with Master Molson in Bird, born 1809 and convicted on 1835.475 Yes age 27 30/6/1834 at Warwick and Ticket of Leave (TOL) TOL after arrived on transported for 14 YRS on -TOL No 41/2600 on  7 years the Marquis 23/3/1835. He arrived at Goat 11/12/1841.476 with 2 Huntley in Island on 5/7/1835 Recorded -Pardon No 2 on Masters 1834 for the as a Wheelwright and had 30/7/1846.477 Gov in good behaviour. Illawarra No5924, List 22 Iron Gang Francis Francis Courtenay (Courtney) Courtenay, Yes was convicted at Gloucester -TOL No 1/1 on age 38 TOL after on 10/8/1833 and transported 31/12/1842.478 arrived on  9 years for 14 YRS on 15/1/1834. He -Pardon No 1994 on the Hive in with 3 arrived at Goat Island 31/5/1843.479 1835 for the Masters 11/6/1834 Recorded as a Gov in Potter and had good behaviour Illawarra

471 SR NSW, Letter 35/720, PSC Hely to DS-G, NRS 13751, Bundle 2/1467, 8/10/1835 and SR NSW, Letter 35/8244, CS to Military Secretary, NRS 13730, Reel 2870, 13/10/1835. 472 SR NSW, CS to S-G, Letter 35/720, No. 2/1467, 24/9/1835; SR NSW, PSC to D-SG, Letter 35/720, No. 2/1467, 8/10/1835. (SR NSW, NRS 12189, PSC, Printed Indents, 1830-1842; SR NSW, NRS 12188, PSC. Bound Manuscript Indents). 473 NAL, General Muster Convicts, NSW & Tasmania 1837, The National Archive Microfilm Publication, Class HO 10, Pieces 32-35; 'General Muster of Convicts NSW & Norfolk Island December 1837’, HO 10 Pieces 32- 35, Reel 71-72. 474 SR NSW, 1841 New South Wales, Australia, Census, CGS 1282, Reels 2222-2223. Organ and Doyle, 'Illawarra Residents 1828 & 1841’, Table 1; (SR NSW, NRS1281, 1841 Census Abstracts of Householders Returns. Illawarra (4/1243A -4/1243C); SR NSW, 1841 New South Wales, Australia, Census, CGS 1282, Reels 2222-2223). 475 SR NSW, NRS 1286, Returns of the Colony ('BlueBooks') 1822-1857, Year 1846, Fiche 517-522, Item 4/279 476 SR NSW, NRS 12202, PSC, Series: Ticket of Leave Butts, 1839-1867; SR NSW, NRS 12204, Ticket of Leave Passports, 1835-1869. 477 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 478 SR NSW, NRS 12204, Ticket of Leave Passports, 1835-1869, Vol. 4/4234, 167 vols. 479 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55.

89 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No List 22 Iron Gang No7079, Joseph Denby No 35/1452 -TOL No 43/1927 on Joseph Yes was born 1814 and convicted 11/8/1843 in Liverpool.480 Denby, age TOL after at Nottingham Town QS on -Parramatta Gaol 26 arrived 9 years 2/7/1834 and transported for Description Book (DB) No on the  with 2 LIFE on 23/3/1835. He 154 in 1847.481 Marquis Masters arrived at Goat Island on (Height 5 ft. 10¼ inches, Huntley for Reoffende 5/7/1835. Recorded as a Protestant, Nottingham) the Gov in d (RO) Bricklayer and had good Illawarra behaviour No10792, Henry List 22 Iron Gang Griffiths, Henry Griffiths was convicted age 31 Yes on 6/1/1835 at Gloucester and -TOL No 1753 on 7/10/1839 arrived on TOL after transported for 7 YRS on with Master Brigstock in the the Marquis  4 years 3/3/1835. He arrived at Goat Illawarra.482 Huntley- with 2 Island on 15/7/1835. Westmorelan Masters Recorded as a Canal Digger d in 1835 for and had good behaviour. the Gov in Illawarra List 22 Iron Gang Thomas Simpson (Sampson) No23257, was born in Cornwall and Thomas -TOL convicted on 9/8/1834 for Simpson age Yes No 2584 in 1845.483 highway robbery at Somerset 24 arrived in TOL after -Conditional Pardon No 93 Assizes QS and transported 1835 on the  10 years on 22/1/1848. for LIFE on 3/3/1835. He Westmorelan with 2 -Pardons No 756 on arrived at Goat Island on d for the Masters 17/7/1848.484 15/7/1835. Recorded as a Gov in Labourer and had good Illawarra behaviour List 22 Iron Gang -TOL No 43/2127 in No25701,  Yes

480 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869. 481 SR NSW, NRS 2388, Parramatta Gaol Description Book 1831-1898, Vol. 4/6553-70, Reel 181-182. 482 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869. 483 Ibid. & SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 484 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55.

90 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No John Titley (Tetley) was 1843.485 John Titley TOL after convicted on 22/7/1834 at -Conditional Pardon No 898 (Tetley) age 9 years Stafford Assizes QS and on 22/6/1847 and No 36 on 27 arrived with 2 transported for LIFE on 29/2/1848.486 on the Masters 3/3/1835. He arrived at Goat Westmorelan Island on 15/7/1835. Recorded d in 1835 for as a Labourer & had good the Gov in behaviour Illawarra -Sydney Gaol EB on No13054, List 22 Iron Gang 13/7/1841.488 Thomas Thomas Howell was born in -Cockatoo Island on Howell, age 1816 at Harford and convicted 24/11/1841.489 21 arrived No at Pembroke and transported -Darlinghurst Gaol DB No on the Lady  TOL for LIFE on 3/12/1834. He 1098 in 1841 Nugent in RO arrived on 9/4/1835 at Goat (5ft 11½ inches). 1834 for the Island. Recorded as a Tailor -Darlinghurst Gaol EB No Gov in and had good behaviour 487 1090 Bond Trail on Illawarra 19/6/1842.490 No17104, List 22 Iron Gang John John McLeode (aliases -Guildford Sydney McLeod, age MacLeod) convicted on Superintendent on 6/2/1840 39 arrived No 1/5/1834 in Glasgow Court (13) with Master Hackham on the TOL and transported for 14 YRS on  in Scone.491 Marquis COF after 23/3/1835. He arrived at Goat -Certificate of Freedom Huntley in 19 years Island on 5/7/1835. Recorded (COF) on 12/2/53.492 1835 for the as a House Carpenter and had Gov in good behaviour. Illawarra

485 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 486 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 487 NAL, Criminal Registers England and Wales Counties other than Middlesex 1833, Class HO 27, Piece 46. 488 SR NSW, NRS 2519, Sydney Gaol 1841-1841, Reels 857-889. 489 SR NSW, NRS 2080, Cockatoo Island Penal Establishment Alphabetical Record Vol. 2/8285. 490 SR NSW, NRS 2134, Darlinghurst Gaol 1841-1849, Vol. 4/6440-41, Reels 850-853. SR NSW, NRS 2138, Darlinghurst Gaol 1869-1914, Vol. 4/6555, Reels 5097-5106. 491 SR NSW, CS Card Index, 1831-42, NRS 12188, Principal Superintendent of Convict, Indents, No. 1250, Reels 788, 790, 798, 801. 492 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55.

91 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No -Sydney Gaol EB No 947 on List 22 Iron Gang No26136, 2/6/1838.494 John Upton was born Calais John Upton, -Parramatta Gaol EB No 47 and convicted in Kent age 26 on 2/6/1838. Canterbury and transported for arrived on  -Parramatta Gaol EB No 896 No 14 YRS on 3/12/1834. He the Lady Penrith on 14/6/1838.495 TOL arrived at Goat Island on Nugent in District -Sydney Gaol EB No 466 on RO 9/4/1835.493 Recorded as a 1834for the 6/3/1841.496 Farm Labourer and had good Gov in -Sent to Cockatoo Island on behaviour. Illawarra 9/3/1841.497 -Sent to Norfolk Island for 15 years on 1/7/1840.498 List 22 Iron Gang In irons returned to Sydney John Wilde alias (Joseph on 3/6/1844.499 No27455, Whyte or Wild) No 34/1957 -TOL No 48/252 on was born in 1812 and was 4/8/1848 and No 48/3894 arrived on No convicted on 29/3/1834 at with Master Robb Moore in the Roslyn TOL after Warwick Assizes and  North Shore.500 Cancelled on Castle, in 14 years transported for 14 YRS on 21/4/1849.501 1835 for the RO 22/5/1834. He arrived at Goat -Darlinghurst Gaol DB No Gov in Island on 15/9/1834. 472 1849.502 Illawarra Recorded as a Labourer and -TOL No 49/632 on had good behaviour. 30/11/1849 with Master Richards in Wollongong.503

493 SR NSW: Letter 35/720, PSC to D-SG, 2/1467, 8 Oct 1835. Gaol Description and Entrance Books, 1818- 1930, Item 4/6555. 494 SR NSW, NRS 2514, Sydney Gaol 1819-1841, Vol 4/6440-41, Reel 854; SR NSW, NRS 2517, Sydney Gaol 1831-1839, Reels 855-856; Vol. 4/6555. 495 SR NSW, NRS 2388, Parramatta Gaol Description Book 1831-1898, Vol. 4/6553-70, Reel 181-182. 496 SR NSW, NRS 2519, Sydney Gaol Entrance Books 1841-1849, Vol.4/6360, Reel 853-854; Sydney Gaol 1841-1841, Reels 857-889. 497 SR NSW, NRS 2080, Cockatoo Island Penal Establishment Alphabetical Record Vol. 2/8285. 498 TSA, Norfolk Island Second Settlement 1825-1855, Reel 820-821, Items 4 /4536, 4/6280, 4/6445; SR NSW, NRS 906, Annual Return of Convicts in Norfolk Island, 1844-1845, Vol.4/2698, Reel 770. 499 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 500 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 501 SR NSW, NRS 13236–13239, Miscellaneous Returns/Prisoners in Irons Index, 1840-48. 502 SR NSW, NRS 2134, Darlinghurst Gaol 1841-1849, Vol. 4/6440-41, Reels 850-853. SR NSW, NRS 2138, Darlinghurst Gaol 1869-1914, Vol. 4/6555, Reels 5097-5106. 503 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867.

92 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No Cancelled on 29/10/1853 and absconded. On probation for 8mths. -TOL No 54/51 on 27/11/1854 with Master Richards in Yass.504 List 105 & 63 Bridge Party John Apperley No No399, John 34/2061was convicted on Apperley 29/3/1834 at Gloucester -TOL No 43/1965 on age 26 Yes Assizes for highway robbery 11/8/1843 in Illawarra.505 arrived on TOL after and transported for LIFE on -Indent No 48, He could the Henry  9 years 27/6/1834. He arrived at Goat read, write and was 5ft 6. He Tanner in with 2 Island on 26/10/1834. was Protestant and single.506 1834 for the Masters Recorded as a Shoe/Boot Gov in maker and had good Illawarra behaviour. -North Parramatta Gaol No841, List 105 & 63 Bridge Party 1844507 Thomas Thomas Ball No 34/2061 was -TOL No 246/103 on Ball, age 32 convicted at Stafford Assizes 2/1/1846 in the Dungog Yes arrived on and transported for LIFE on District.508 TOL after the Roslin 22/5/1834. He arrived at Goat Newcastle Gaol 1855509  12 years (Roslyn) Island on 15/9/1834. -Darlinghurst Gaol DB on 3 Masters Castle in Recorded as a Labourer, 29/9/1865.510 RO 1834 for the Miner/Blaster and had good -Indent No 2801 Thomas Gov in behaviour. Ball was Protestant, Age 65 Illawarra and could Read.511

504 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 505 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 506 SR NSW, CS Card Index, 1831-42, Roll 1250, Reels 788, 790, 798, 801. 507 SR NSW, NRS 2388, Parramatta Gaol Description Book 1831-1898, Vol. 4/6553-70, Reel 181-182. 508 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 509 SR NSW, NRS 2375, Newcastle Gaol 1840-1848, Vol. 5/781, Reel 757-759, SR NSW, NRS 2375, Newcastle Gaol Description Book, Vol. 137, Reel 175-176. 510 SR NSW, NRS 2134, Darlinghurst Gaol 1841-1849, Vol. 4/6440-41, Reels 850-853. SR NSW, NRS 2138, Darlinghurst Gaol 1869-1914, Vol. 4/6555, Reels 5097-5106. 511 SR NSW, NRS 12188, Principal Superintendent of Convict. Bound Manuscript Indents

93 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No -TOL No 43/2189 on 8/9/1843 with Master List 105 & 63 Bridge Party No3194, Brigstock in Maitland. John Bullock was born 1811 John -Three TOL with Master and convicted on 12/7/1834 Bullock, age Yes Denny in Maitland. for housebreaking at York 26 arrived TOL after Nos 44/336 on 29/4/1844 Assizes and transported for on  9 years and No 46/568 on 10/6/1846 LIFE on 3/3/1835. He arrived Westmorelan with 3 and No 48/639 on at Goat Island on 15/7/1835. d in 1835 for Masters 11/9/1848. 512 Recorded as a Weaver and had the Gov in -Conditional Pardon No 412 good behaviour. Illawarra on 31/3/1847 and No 48/1281 on 10/7/1848.513 List 105 & 63 Richard Campbell (aliases No3871, John Mackay) No 33/3476 -TOL No 43/1896 on Richard was born 1785 and convicted 9/5/1843 in service of Campbell, Yes on 26/4/1833 at Glasgow Master Gassett to remain in age 48 TOL after Court of Judiciary and Illawarra.514 arrived on  10 years transported for LIFE on -Pardon in 1843 No 1296 the Lloyds in with 2 19/8/1833. He arrived at Goat Richard Campbell alias John 1833 for the Masters Island on 18/12/1833. Mackay Lloyds 1833 Gov in Recorded as a Soldier, Glasgow.515 Illawarra Labourer and had good behaviour. List 105 & 63 Bridge Party -North Parramatta Gaol on No4432, Yes Isaac Challenger was born 19/7/1838.516 Isaac TOL after in1806 at Woolwich and -TOL No 43/4 in 1843 and Challenger,  10 years convicted on 14/10/1833 at No 115 on 31/5/1844.517 age 31 with 2 Bristol Quarter Session and -Conditional Pardon No54 arrived on Masters transported for LIFE on on 28/9/1847518 the Hive in

512 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 513 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 514 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 515 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 516 SR NSW, NRS 2388, Parramatta Gaol Description Book 1831-1898, Vol. 4/6553-70, Reel 181-182. 517 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867.

94 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No 15/1/1834. He arrived at Goat 1834 for the Island on 11/6/1834. Recorded Gov in as a Waterman, Labourer and Illawarra had good behaviour. List 105 & 63 Bridge Party Samuel Fielders aliases Protestant Gardener Read No 8849, (Fielder) was born 1802 and Write520 Samuel convicted for LIFE on (Phoenix Hulk, EB Fielders, age Yes 18/7/1834 for shop breaking & No149)521 35 arrived TOL after theft at Worcester and -TOL No644 on on the  11 years transported on 27/9/1834. He 6/11/1845522 Bengal with 3 arrived at Sydney on -Condition Pardon No1562 Merchant in Masters 30/1/1835. The Phoenix Hulk on 15/10/1847523 1835 for the 17/2/1835.519 Goat Island -Marriage 1848 Julia A Gov in 18/2/1835 & had good Kirkby524 Illawarra behaviour List 105 & 63 Bridge Party No10707, -Sydney Gaol DB No338 on Henry Gregory was born 1801 Henry 1/4/1837525 Yes in Bolton and convicted on Gregory age -TOL No1981 in 1843526 TOL after 22/7/1834 at Stafford and 36 arrived -North Parramatta Gaol EB 9 years transported for LIFE on on the Lady  No126, 10/2/1845527 with 2 3/12/1834. He arrived at Goat Nugent in -Conditional Pardon No229 Masters Island on 9/4/1835. Recorded 1835 for the on 21/3/1848. RO as a Copper & Bronze Smith Gov in -Pardon No893 in 1849528 and had good behaviour. Illawarra

518 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 519 SR NSW, NRS 2424, Phoenix Hulk: Gaol Entrance Books 1833-1837, Vol. 4/6286, Roll 189. 520 SR NSW, NRS 1286, Returns of the Colony ('BlueBooks') 1822-1857, Year 1846, Fiche 517-522, Item 4/279 521 SR NSW, NRS 2424, Phoenix Hulk: Gaol Entrance Books 1833-1837, Vol. 4/6286, Roll 189. 522 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 523 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 524 SR NSW, NRS 905, Colonial Secretary: Main series of letters received, 1826-1982. 525 SR NSW, NRS 2517, Sydney Gaol 1831-1839, Reels 855-856; Vol. 4/6555. 526 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 527 SR NSW, NRS 2388, Parramatta Gaol Description Book 1831-1898, Vol. 4/6553-70, Reel 181-182. 528 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55.

95 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No No11040, List 105 & 63 Bridge Party George Hall, George Hall born 1817 was -Parramatta Gaol DB age 35 Yes convicted on 28/11/1833 at No1447 on 20/9/1838529 arrived on TOL after Hertford Gaol Delivery and -TOL No932 in 1845530 the Roslin 12 years transported for LIFE on  -Condition Pardon No1600 (Roslyn) with 3 22/5/1834. He arrived at Goat on 15/10/1847. Castle in Masters Island on 15/9/1834. Recorded -Pardon No134 in 1849531 1834 for the RO as a Labourer, Quarryman and Gov in had good behaviour. Illawarra List 105 & 63 Bridge Party Daniel Harris was born 1816 No11506, convicted on 23/7/1833 at Daniel -TOL No1358 in 1845532 Yes Stafford Assizes for house Harris, age -Condition Pardon No1604 TOL after breaking and transported for 20 arrived on 15/10/1847  12 years LIFE on 15/1/1834. He on the Hive -Pardon No138 on with 3 arrived at Goat Island on in 1834 for 30/6/1848533 Masters 11/6/1834. Recorded as a the Gov in Sweep, Stone Cutter and had Illawarra good behaviour. List 105 & 63 Bridge Party -Parramatta Gaol DB No12585, James (alias Jas) Hobbs was Protestant No1087 in James Yes convicted at Gloucester 1838534 Hobbs, age TOL after Assizes on 10/8/1833 for -Liverpool to Hyde Park 33 arrived 11 years  housebreaking and transported Barracks on 19/7/1838535 on the Hive with 3 for LIFE on 15/1/1834. He -TOL No1034 on 12/4/1844 in 1834 for Masters arrived at Goat Island on with Master MacQuoid536 the Gov in RO 11/6/1834. Recorded as a -Conditional Pardon No1616 Illawarra

529 SR NSW, NRS 2388, Parramatta Gaol Description Book 1831-1898, Vol. 4/6553-70, Reel 181-182. 530 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 531 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 532 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 533 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 534 SR NSW, NRS 2388, Parramatta Gaol Description Book 1831-1898, Vol. 4/6553-70, Reel 181-182. 535 SR NSW, NRS 3408, Hyde Park Barracks Court of General Sessions Copies of letters sent, Vol. 2/670, Reel 2650; Vol. 4/5721, Reel 2651. 536 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867.

96 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No Labour Quarryman. on 2/10/1847537 Coachman and had good behaviour. List 105 & 63 Bridge Party No15458, Samuel Lunt age 19 was Samuel convicted at Chester Assizes Lunt, age 20 Yes on 29/3/1834 for highway -TOL No514 13 Dec 1848 arrived on TOL after robbery and transported for and No 827 in 4/3/1843538 the Bengal  9 years LIFE on 27/9/1834. He -Conditional Pardon No514 Merchant in with 2 arrived at Goat Island on on 13/12/1848539 1835 for the Masters 30/1/1835. Recorded as a Gov in Gardner who could read and Illawarra had good behaviour. List 105 & 63 Bridge Party No16180, John William Mason was born -TOL No43/1301 on John in 1802 convicted for stolen 9/5/1843 with Master William Yes goods on 11/3/1834 at Fawcett in Illawarra.540 Mason, age TOL after Stafford Assizes and -Convict Indent No 205. He 30 arrived 9 years transported for LIFE in Lady was a Protestant, married on Lady with 2 Nugent on 3/12/1834. Arrived with 2 boys and he could Nugent in Masters at Goat Island on 9/4/1835. read.541 1835 for the Recorded as a Locksmith and -Pardon 48/1301 in 1848.542 Gov in had good behaviour. Illawarra List 105 & 63 Bridge Party -TOL No 45/2118 on No17468, Yes Richard Mee was convicted at 19/11/1845 with Master Richard TOL after Gloucester Quarter Session on Luscombe in Wollongong Mee, age 24  12 years 15/10/1833 and transported and No 2119 in 1845.543 arrived on with 3 for LIFE on 15/1/1834. He -Conditional Pardon No183 the Hive in Masters

537 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 538 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 539 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 540 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 541 SR NSW, NRS 12188, Principal Superintendent of Convict. Bound Manuscript Indents. 542 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 543 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867.

97 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No arrived at Goat Island on on 17/2/1849. 1834 for the 11/6/1834. Recorded as a -Pardon No56 on 1/3/1846 Gov in Labourer and had good and No 479 in 1850.544 Illawarra behaviour. List 105 & 63 Bridge Party No18142, John Morgan was born about John 1808 and convicted on -TOL No43/1240 on Morgan, age Yes 2/3/1834 at Hereford Assizes 9/5/1843 with Master 29 arrived TOL after transported for LIFE on Fawcett in Port Stephen.545 on the Lady  9 years 3/12/1834. He arrived at Goat -Conditional Pardon No1627 Nugent in with 2 Island on 9/4/1834. Recorded on 1/1/1847546 1835 for the Masters as a Ferrier, Osler and had Gov in good behaviour. Illawarra -TOL No43/431 on 3/2/1843 -No706 on 4/3/1843 with List 105 & 63 Bridge Party No19809, John Master Lidcombe in Port John Parnell was convicted at John Parnell, Parnell Macquarie Yes Devon Assizes on 24/7/1833 age 21 Return -No 43/985 on 2/11/43 with TOL after and transported for LIFE on arrived on No 50 Master Foster in Clarence 10 years 15/1/1834. He arrived at Goat the Hive in Dungog River.547 with 3 Island on 11/6/1834. Recorded 1835 for the District -Pardon No43/431 Masters as a Stableman, Stonecutter Gov in & 4 -Conditional Pardon No26 and had indifferent behaviour. Illawarra others on 21/6/1850 to remain in the Dungog548 List 105 & 63 Bridge Party -TOL No42/2794 on No21924, Yes Joseph Rolfe was convicted on 14/11/1842 to remain in Joseph TOL after 18/12/1833 at Surrey Gaol Illawarra549 Rolfe, age  9 years Delivery and was transported -Conditional Pardon No601 31 arrived with 2 for LIFE on 27/6/1834. He on 26/11/1847550 on the Henry Masters

544 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 545 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 546 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 547 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 548 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 549 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867.

98 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No arrived at Goat Island on Tanner in 26/10/1834. Recorded as a 1835 for the Labourer, Miner and had good Gov in behaviour. Illawarra Figtree Robbery551 -Sydney Gaol on 27/10/1837552 List 105 & 63 Bridge Party -Convicted for Life on and on List 105 he could not No1796, Norfolk Island on be spared against his name. William 20/11/1848553 William Blackall was Blackall, age -Norfolk Island to Tasmania No convicted on 13/7/1833 at 30 arrived on 6/6/1844 TOL after Oxford and transported for on the  -Returned to Tasmania on 20 years LIFE on 14/10/1833. He Fairlie in Governor Phillip No5244 on RO arrived at Goat Island on 1834 for the 1/4/1849.554 15/2/1834. Recorded as a Gov in Hobart Hospital on Sawyer and had good Illawarra 24/2/1851555 behaviour. -Return to Sydney in Lady Franklin on 13/3/51556 -TOL No53/42 on 24/5/53557 List 105 & 63 Bridge Party -Parramatta Gaol DB No2327, Simon Braid age 18 was No1820 on 9/2/1846 Simon No convicted for stealing on Protestant, Labourer, 5ft 1½ Braid, age  TOL 14/10/1834 at Essex Quarter inches, Age 26 558 19 arrived RO Session and transported for -Road Gang Woolloomooloo on the LIFE on 23/3/1835. He arrived on 4/4/1847559 Marquis of

550 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 551 The Sydney Gazette and New South Wales Advertiser, 12 February 1838, p.2. 552 SR NSW, NRS 2517, Sydney Gaol 1831-1839, Reels 855-856; Vol. 4/6555. 553 SR NSW, NRS 906, Annual Return of Convicts in Norfolk Island, 1844-1845, Vol.4/2698, Reel 770; TSA, Norfolk Island Second Settlement 1825-1855, Reel 820-821, Items 4 /4536, 4/6280, 4/6445. 554 TSA, Series: CON17, Indents of Male Convicts arriving from Norfolk Island, 1844-1852, Indexes 1373346, No. CON17/1/3. 555 TSA, Comprehensive Register of Convicts 1844-1850, CON22/1/7, Register M-Y, p.10. 556 SR NSW, NRS 1286, Returns of the Colony ('BlueBooks') 1822-1857, Year 1846, Fiche 517-522, Item 4/279. 557 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, The National Archive Microfilm Publication, Class HO 10/51-HO 10/55. 558 SR NSW, SR NSW, NRS 2388, Parramatta Gaol Description Book 1831-1898, Vol. 4/6553-70, Reel 181- 182. 559 Vernon, Jacobsen, (comp.) ‘Reports of Ironed Gangs stationed at Woolloomooloo Stockade …’.

99 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No at Goat Island on 5/7/1835. Huntley in Recorded as a Labourer-Brick 1835 for the Maker and had good Gov in behaviour. Illawarra No4518, List 63 Bridge Party Thomas Thomas (Thos) Chappel from Bristol Sydney Gaol DB on Chappell, was convicted on 14/10/1833 19/11/1840.560 age 29 at Gloucester Assizes and No -Sent to Norfolk Island arrived on transported for LIFE on  TOL No144 on 28/10/1840 the Henry 27/6/1834. He arrived at Goat RO convicted for another 10 Tanner in Island on 26/10/1834. years561 1834 for the Recorded as a Labourer and Gov in had good behaviour. Illawarra No17531, List 105 & 63 Bridge Party -Sydney Gaol DB No1497 John John Meredith was born in on 1837562 Meredith, 1809 and convicted at Salop -Newcastle Gaol DB No17 age 26 Assizes for highway robbery No on 1/9/1840563 arrived on and transported for LIFE on  TOL -Darlinghurst Gaol DB the Bengal 27/9/1834. He arrived at Goat RO No1260 in 1843564 Merchant in Island on 30/1/1835. Recorded -Newcastle Gaol DB No58 1834 for the as a Wheelwright and had in 1846565 Gov in good behaviour. Illawarra List 105 & 63 Bridge Party -Police No1370. Absconded No17686, No186 No Samuel Miller (Mellor) was No155566 Samuel Samuel TOL convicted at Stafford Assizes -Port Arthur 13/1/1836- Miller, age Miller in RO and transported for LIFE on 23/10/1839 in Bardaster567 24 arrived service at

Woolloomooloo Stockade was a holding place for prisoners when there was no room on the Hulk or Darlinghurst Gaol. 560 SR NSW, NRS 2515, Sydney Gaol 1839-1840, Reels 1864; Vol. 4/6555. 561 SR NSW, NRS 906, Annual Return of Convicts in Norfolk Island, 1844-1845, Vol.4/2698, Reel 770; TSA, Norfolk Island Second Settlement 1825-1855, Reel 820-821, Items 4 /4536, 4/6280, 4/6445. 562 SR NSW, NRS 2517, Sydney Gaol 1831-1839, Reels 855-856; Vol. 4/6555. 563 SR NSW, NRS 2375, Newcastle Gaol 1840-1848, Vol. 5/781, Reel 757-759. SR NSW, NRS 2375, Newcastle Gaol Description Book, Vol. 137, Reel 175-176. 564 SR NSW, NRS 2134, Darlinghurst Gaol 1841-1849, Vol. 4/6440-41, Reels 850-853. SR NSW, NRS 2138, Darlinghurst Gaol 1869-1914, Vol. 4/6555, Reels 5097-5106. 565 SR NSW, NRS 2375, Newcastle Gaol 1840-1848, Vol. 5/781, Reel 757-759, SR NSW, NRS 2375, Newcastle Gaol Description Book, Vol. 137, Reel 175-176. 566 SR NSW, NRS 1286, Returns of the Colony ('BlueBooks') 1822-1857, Year 1846, Fiche 517-522, Item 4/279.

100 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No 7/3/1834. He arrived at Goat -Parramatta Gaol EB on the Susan 'Garden Island on 8/7/1834. Recorded No1687 on 1/11/1841568 in1834 for Hill'. as a Tin man, Stone cutter and -Parramatta Gaol EB No237 the Gov in had good behaviour. on 18/3/1845 Illawarra Remanded in cells 10-20 days 1845569 -Darlinghurst Gaol Term Expired 30/3/1846570 -Newcastle Gaol DB No13 on 1/10/1844 -Newcastle Gaol EB on No 19456, List 105 & 63 Bridge Party 22/8/45 and received 14 William William Oldfield was born in days in cell for being out Oldfield, age 1814 and convicted 29/3/1834 after hours.571 No 24 arrived at Chester Assizes and -TOL No 47/834 on TOL after on the Lady  transported for LIFE on 3/11/1847 with Master 13 years Nugent in 3/12/1834. He arrived at Goat Faircett in Newcastle.572 RO 1835 for the Island on 9/4/1835. Recorded -Newcastle Gaol DB No8 on Gov in as having good behaviour. 1848573 Illawarra -TOL No51/156 on 3/6/1851 with Master Deaner in New England574 List 105 & 63 Bridge Party -Parramatta Gaol on No23007, William Shepherd was born in 16/3/1844 for absconding William No Bristol and convicted at twice575 Shepherd,  TOL Gloucester and transported for -Sentence 15mths with Iron age 31 RO LIFE on 27/9/1834. He Gang Woolloomooloo on arrived on

567 NAL, General Muster Convicts, NSW & Tasmania, The National Archive Microfilm Publication, Class HO10, Pieces 32-35. 568 SR NSW, NRS 2388, Parramatta Gaol Description Book 1831-1898, Vol. 4/6553-70, Reel 181-182. 569 Ibid. 570 SR NSW, NRS 2134, Darlinghurst Gaol 1841-1849, Vol. 4/6440-41, Reels 850-853. SR NSW, NRS 2138, Darlinghurst Gaol 1869-1914, Vol. 4/6555, Reels 5097-5106. 571 SR NSW, NRS 2375, Newcastle Gaol 1840-1848, Vol. 5/781, Reel 757-759, SR NSW, NRS 2375, Newcastle Gaol Description Book, Vol. 137, Reel 175-176. 572 SR NSW, NRS 12204, PSC Series: Ticket of Leave Passports, 1835-1869; SR NSW, NRS 12202, PSC Series: Ticket of Leave Butts, 1839-1867. 573 SR NSW, NRS 2375, Newcastle Gaol 1840-1848, Vol. 5/781, Reel 757-759, SR NSW, NRS 2375, Newcastle Gaol Description Book, Vol. 137, Reel 175-176. 574 SR NSW, NRS 1286, Returns of the Colony ('BlueBooks') 1822-1857, Year 1846, Fiche 517-522, Item 4/279. 575 SR NSW, NRS 2388, Parramatta Gaol Description Book 1831-1898, Vol. 4/6553-70, Reel 181-182.

101 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No arrived at Goat Island on 19/3/1844576 the Bengal 30/1/1835. Recorded as a -Discharge on 1/4/1844 with Merchant in Stableman and had good Master R Crawford Maitland 1835 for the behaviour. and revised on 19/3/1848577 Gov in Illawarra No23711, John Smith, age 28 Surry No144 in 1830 for List 105 & 63 Bridge Party -Convict Indent No34/767, Illawarra the Gov in John Smith was convicted for No3, Age 21578 John Illawarra housebreaking at -John Smith alias Hill Smith in Or No Brecknockshire Assizes on No206 on 24/3/1849579 service at John Smith Pardon 27/7/1833 and transported for -John Smith alias Hill Fairy age 25 after 17 LIFE in 15/1/1834. He arrived No185 on 27/11/1849580 Meadow arrived on years at Goat Island on 11/6/1834. -Condition Pardon on to the Hive in Recorded as a Tin Man and 11/10/1849 Edward 1835. He had good behaviour. -Pardon No502 in 1850581 Harringt was with on.582 Master Bradley Maneroo List 105 & 63 Bridge Party -Newcastle Gaol DB No73 No26122, No John (James) Underhill No on 11/2/1842. Absent 7 days James  TOL 35/1742 was born in 1814 and from work and spent 7 days Underhill RO convicted on 22/7/1834 at in cell on 18/2/1842583 age 21

576 Vernon, Jacobsen, (comp.) ‘Reports of Ironed Gangs stationed at Woolloomooloo Stockade …’. 577 SR NSW, NRS 1286, Returns of the Colony ('BlueBooks') 1822-1857, Year 1846, Fiche 517-522, Item 4/279. 578 SR NSW, CS Card Index, 1831-42, Roll 1250, Reels 788, 790, 798, 801; SR NSW, NRS 12189, Principal Superintendent of Convicts. Printed Indents, 1830-1842. 579 SR NSW, NRS 1286, Returns of the Colony ('BlueBooks') 1822-1857, Year 1846, Fiche 517-522, Item 4/279. 580 Ibid. 581 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 582 SR NSW, Census of the Illawarra Household Returns and Affidavit Forms Index 1841, NRS 1281, Illawarra (4/1243A-C). 3 vols. 583 SR NSW, NRS 2375, Newcastle Gaol 1840-1848, Vol. 5/781, Reel 757-759; SR NSW, NRS 2375, Newcastle Gaol Description Book, Vol. 137, Reel 175-176.

102 Muster Census Criteria? Convict List472 Comments 1837473 1841474 Yes / No Stafford Assizes for highway -Convict Indent No163, arrived on robbery. He was transported Protestant, 6ft 5¼ inch, the for LIFE on 3/3/1835. He Single, Sweep.584 Westmorelan arrived at Goat Island on d in 1835 for 15/7/1835. Recorded as a the Gov in Labourer, Sweep and had Illawarra good behaviour. No26009 age 22 arrived on John List 105 & 63 Bridge Party the Albion in Turner John Turner No 34/270 was 1836 for the No 96. convicted for house breaking -Convict Indent No101 John Gov in Corner on 8/7/1833 in Lancaster, Turner, Age 29, Protestant, Illawarra Market/C Liverpool and transported for Single, Lancashire, Farm Nil Or orrimal LIFE on 14/10/1833. He Labourer Findings (John St with 2 arrived at Goat Island on 7 years Served 6 years at Turner, Age others 15/2/1834. Recorded as a Chatham.585 29 arrived under Labourer and had good on the George behaviour. Fairlie in Brown 1834at Goat Island) List 105 & 63 Bridge Party No27510, William Wilkinson (aliases William Wilknson) was born in 1805 Wilkinson, and convicted at Gloucester age 29 Assizes age 27 for highway Death Register on arrived on Nil robbery. He was transported  15/8/1839586 the Henry Findings for LIFE on 27/6/1834. He Tanner in arrived at Goat Island on 1834 for the 26/10/1834. Recorded as a Gov in Labourer, Miner and had good Illawarra behaviour

584 SR NSW, NRS 12189, Principal Superintendent of Convicts. Printed Indents, 1830-1842; SR NSW, CS Card Index, 1831-42, Roll 1250, Reels 788, 790, 798, 801. 585 SR NSW, CS Card Index, 1831-42, Roll 1250, Reels 788, 790, 798, 801; SR NSW, NRS 12189, Principal Superintendent of Convicts. Printed Indents, 1830-1842. 586 SR NSW, NRS 905, Colonial Secretary: Main series of letters received, 1826-1982, Death Register Vol 4/4549.

103 Table 3: Bridge Party and Iron Gang not included in Case Study Criteria 1837 Musters 1841 Name Comments Met General 587 Census588 Yes/No John Gibbons was No347 convicted 18/10/1832 -Ticket-of-Leave (TOL) on Yes John at Lincoln Holland 8/4/1838 with Master John No 44, John TOL after Gibbons Quarter Session for 14 Watson in Maitland and No Gibbons, Asia, 6 yrs with Mullet YRS and transported in 39/1554 on 1/8/1839 and No 1410 1833 1 Master Creek, the Asia 1 on 4/2/1833. in 1841 with Master Stead in Lincolnshire Not in Gov He arrived on Maitland.589 Study Stockade 27/6/1833. John Martin (alias No16114, Stingares Jack) was John Martin, Figtree Robbery590 Yes born in 1814 convicted age 23, Henry -Sydney Gaol Entrance Book TOL after on 29/3/1834 age 20 at Tanner 1834 (EB) No 1600 on 27/10/1837. Not  9 years Gloucester Assizes for for the Charged.591 Not in burglary transported for Government -TOL No 122 in 1843.592 study LIFE on 27/6/1834. He (Gov) in arrived on 26/10/1834. Illawarra Convict Witness for Figtree Charles Newell was Robbery593 No18960, born in 1807 convicted -Parramatta Gaol Description Charles age 26 on 8/7/1833 at Book (DB) No 2059 on 1844, 6ft No Newell, age Northampton for 4¼ inch, age 47. TOL after 30 Fairlie,  highway robbery and -Parramatta Gaol Description 15 years 1834 for the transported for LIFE on Book. No 2059. 6ft 4¼inch RO Gov in 14/10/1833. He arrived Admitted 1844 aged 47.594 Illawarra 15/2/1834. -Norfolk Island age 49 in irons on the request of the Governor.595

587 NAL, General Muster Convicts, NSW & Tasmania 1837, The National Archive Microfilm Publication Class, HO10, Pieces 32-35. 588 SR NSW, Census of the Illawarra Household Returns and Affidavit Forms Index 1841, NRS 1281, Illawarra (4/1243A-C). 3 vols. 589 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 590 The Sydney Gazette and New South Wales Advertiser, 12 February 1838, p.2. 591 SR NSW, NRS 2517, Sydney Gaol 1831-1839, Reels 855-856; Vol. 4/6555. 592 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55. 593 The Sydney Gazette and New South Wales Advertiser, 12 February 1838, p.2. 594 SR NSW, NRS 2388, Parramatta Gaol Description Book 1831-1898, Vol. 4/6553-70, Reel 181-182.

104 Criteria 1837 Musters 1841 Name Comments Met General 587 Census588 Yes/No -TOL No 48/179 on 31/5/1848 with Master Ager in Bathurst and No 28 on 10/7/1849. Figtree Robbery596 -Sydney Gaol DB No 1602 on 1837.597 -Parramatta Gaol No 289 on 7/4/1845. Was sent from Penrith Joseph Watkins was to Windsor on 9/4/1845. born 1816 Birmingham Character Intolerable. No 26737, and convicted at age 17 Not in -Parramatta Gaol EB on Joseph on 3/8/1833 at Study 30/6/1847598 sent from Liverpool Watkins, age Hereford Assizes No on 3/7/1847 to Pretoria Barracks. 21, Susan,  transported for LIFE on TOL after -Tried Hyde Park Barracks (HPB) 1834 for the 7/3/1834. He arrived 18 years on colonial sentence 6/7/1847.599 Gov in on 9/7/1834. RO Absconded and sentence 6mths Illawarra Shoemaker, Protestant, and discharge on 25/101848. No Education. Single HPB sent to Woolloomooloo Iron Gang.600 -Ticket of Leave No 51/210 13/10/1851with Master Addison in Goulburn.601 John Williams No27622 John No34/2053 was born Williams, age about 1815 in 18, Henry Not in Herefordshire and Tanner, 1834 Study convicted on 9/1/1834 for the Gov in in Derby Borough for 7 Illawarra years and transported

595 SR NSW. Governor Minutes on Petition Registration No. 48/2499; SR NSW, NRS 906, Annual Return of Convicts in Norfolk Island, 1844-1845, Vol.4/2698, Reel 770; TSA, Norfolk Island Second Settlement 1825- 1855, Reel 820-821, Items 4 /4536, 4/6280, 4/6445. 596 The Sydney Gazette and New South Wales Advertiser, 12 February 1838, p.2. 597 SR NSW, NRS 2517, Sydney Gaol 1831-1839, Reels 855-856; Vol. 4/6555. 598 SR NSW, NRS 2388, Parramatta Gaol Description Book 1831-1898, Vol. 4/6553-70, Reel 181-182. 599 SR NSW, NRS 13239, Index of prisoners sentenced to work in irons tried at Quarter Sessions, the Police Office and Hyde Park Barracks. 600 Vernon, Jacobsen, (comp.) ‘Reports of Ironed Gangs stationed at Woolloomooloo Stockade …’. 601 NAL, NSW & Tasmania, Australia, Convict Pardons and Tickets of Leave, 1834-1859, Class HO10, Pieces 51-55.

105 Criteria 1837 Musters 1841 Name Comments Met General 587 Census588 Yes/No on 27/6/1834 for stealing horses. He arrived in Sydney 26/10/1834 as a Horseman

Table 4: Success Rate on the Ticket of Leave Criteria Not Met Nil Shorter Three More than 3 Reoffended Two Masters Met Criteria Findings Sentence Masters Masters (RO) Apperley Bird Apperley Campbell Ball Bird Challenger Bullock Bullock Denby Courtenay Blackall Denby Gregory Fielders Howell Fielders Griffiths Braid Oldfield Griffiths 13 22 2 Lunt Chappel Meredith 16 Lunt Morgan Hall Miller Mason Parnell Harris Upton Morgan Rolfe Hobbs Wilde Parnell Sampson McLeod Rolfe Smith Shepherd Titley Titley Underhill

Criteria Description Findings The 22 men of the bridge party had a success rate of 41% staying with one other Master, 41% with two Masters and greater than 27% with three Masters. The 10 men in the iron gang had a success rate of 60% staying with two Masters, while 10% of those men worked on the road with the Government and 30% had more than three Masters before obtaining their Ticket of Leave. In summary, the iron gang stayed with their Master longer than the bridge party. The success rate of the bridge party was 41% and 40% for the iron gang. Convict who absconded from their Master might serve between 6-12 months in the iron gang depending on their crime. Table 5: Convict Overall Outcomes Certificate Pardon Conditional Pardon Reoffended Freedom Bird Bullock Ball McLeod Campbell Challenger Blackall

106 Certificate Pardon Conditional Pardon Reoffended Freedom Courtenay Fielders Braid Gregory Gregory Chappel Hall Hall Denby Harris Hobbs Gregory Mason Lunt Hall Mee Mason Hobbs Parnell Mee Howell Sampson Morgan Meredith Smith Parnell Miller Rolfe Oldfield Sampson Shepherd Smith Underhill Titley Upton Wilde

Table 6: Convict Ship Arrival602 Ship Arrival Sentence Passengers Country 63 22 Bench Total 11 June Av.(9) England Hive 250 5 1 6 1834 Life (23) Scotland 18 Dec Av.(9) England Lloyds 200 1 1 1833 Life (72) Scotland Av.(10) 15 Feb England Fairlie Life 376 2 1 3 1834 Scotland (164) Henry 26 Oct Av.(9) England 220 4 1 5 Tanner 1834 Life (64) Scotland Lady 9 April Av.(9) England 286 4 2 6 Nugent 1835 Life (87) Scotland 8 July Av.(8) England Susan 301 1 1 2 1834 Life (83) Scotland Roslin 15 Sept Av.(9) England 233 2 1 3 Castle 1834 Life (63) Irishmen Westmore- 15 July Av.(8) England 220 2 3 5 land 1835 Life (50) Scotland Marquis 5 July Av.(9) England 320 1 3 4 Huntley 1835 Life (76) Scotland Bengal 30 Jan Av.(9) 270 England 4 4

602 SR NSW, Musters/other papers for convict ships, Series CGS1155, Reels 2417-2428.

107 Ship Arrival Sentence Passengers Country 63 22 Bench Total Merchant 1835 Life (76) Scotland 18 Nov Av.(9) England Hooghley 260 1834 Life (91) Jamaica 27 June Av (9) England Asia 230 1 1 1833 Life 73 Scotland

Table 7: Convicts in the First Gangs but 'Not Used' 63 Bridge Party 2/10/1835 22 Iron Gang 7/10/1835 George Jeffries Hive 1834 Life Seaman and Labourer Good James Bright Marquis Huntley Thomas Lacey Lady Nugent Life Good 1835 Life Groom Good George Ball Roslin Castle 1834 Life Labourer Richard Spivey Lady Nugent Life. Received 50 Good George Hendy Hive 1834 Life Miner Good Lashes for Idleness Henry Percy Roslin Castle Stone Cutter Good Edward Jones 7 yrs Lady Nugent. Received 50 lately John Weatherstone Westmoreland 1835 Life lashers for idleness Gardner Good Peter Hargraves Henry Porcher 1835 Life Silk Dennis Merner 14 yrs Westmoreland Bricklayer Weaver Good John Howard Marquis Huntley Life Good Labourer & Boatman Good Lewis Proctor Marquis Huntley 1835 Life William Hawkins Henry Porcher Life 50 lashes Blacksmith Good Edward Smith Hive 1834 Life for attempting to escape Gardner, Stoner Cutter Good James Silverlock (Smith) Fairlie 1834 Life Charles Brodie 7 yrs Susan Solitary Confinement Labourer Charles Gillman Lloyds Labourer Good for stealing food George Copse Roslin Castle 1834 Life Labourer Good George Smith Marquis Huntley 1835 Life James Smith Fairlie 7 yrs Groom Good Farrier Good John Jervis Bengal Merchant 1835 Life Weaver James Best Age 24 Hoogley 1834 for Good Henry Ancion Hive Life Labourer Good Government. Thomas Knight Hive Life Labourer Good James William Watson Marquis Huntley 14 yrs Jones Hive 1834 Life Labourer Good Blacksmith & Carpenter Good John Hoffman Bengal Merchant Life Carpenter (rough stone cutter) Good Frank Hokesby Hive Samuel Johnson Hive Life Twice received 50 1834 Life Weaver and Labourer cut stone lashes for attempting to escape Indifferent William Oldham Marquis Huntley 1835 Life Groom Good Richmond Hewitt Marquis Huntley Life Blacksmith Good

Table 8: Military Regiments of the Stockades

108 Name Regiment Stockade Comments William Emmett First government settlement 1816 46th Regiment Red Point & Lt Parker to search for outlaw Aborigines603 Governor 73rd Regiment Red Point Visits Illawarra 15/1/1822604 Macquarie First military stockade 1826. Bishop arrives with 30 soldiers Captain Peter 19/7/1826. Bishops lives in David 40th Regiment Red Point Bishop Allan’s ‘Illawarra Farm’ house605 Bishop departs Red Point 2/12/1826606 Major D’Arcy replaces Butler Resident 39th Regiment 1 subaltern 15/6/1828. Butler replaces Major Magistrate Lt. 10 rank/file 5/5/1827. Red Point D’Arcy 1/1/1829. Butler leaves John Fitzgerald 1 subaltern 1 sergeant 7 4/2/1830 as Stockade closes Butler rank/file 30/12/1829 down607 Commandant & Wollongong Stockade opens Resident 39th Regiment 1 officer 6 Wollongong 27/7/1830. Magistrate Lt. rank/file 30/12/1830 Replaces Butler 4/2/1830608 Sleeman Replaces Lt. Sleeman 5/9/1832 Resident (Blue Book) Magistrate Wollongong Illawarra Mounted Police Lt. Allman 30/12/1832609 Police Magistrate Replaces Captain Allman Wollongong William Nairn 4/2/1834610 Gray First visit Wollongong 21/4/1834 Second visit Wollongong Governor 64th Regiment Wollongong 9/11/1835. Bourke Third visit Wollongong 2/5/1837611

603 Organ, 'The Story of the Illawarra Stockade …’, (accessed 20 March 2015). 604 Ibid. 605 Charles Throsby Smith. 'Reminiscences of Forty-Two Years Residence in Illawarra'. Illawarra Historical Society Bulletin, (June 1990), pp.41-44. 606 Organ, 'The Story of the Illawarra Stockade …’, (accessed 20 March 2015). 607 Ibid. 608 Ibid. 609 Ibid. 610 Ibid.

109 Name Regiment Stockade Comments Appointed Chief Constable 1/1/1836 Edward Corrigan Alexander Stewart appointed Police Constable 7/2/1837612 Captain Faunces Guards over Ironed Gangs and & Lt. F 4th Regiment Wollongong appointed Assistant Police Campbell Magistrates613 Guards over Ironed Gangs and appointed Assistant Police Captain Magistrates614 50th Regiment Wollongong Montgomery James Macbeth born at stockade son of Norman 50th Regiment 12/6/1836615 Lt. Maxwell 50th Regiment 1 subaltern 2 Lt. Henry M Otway became Otway, Lt. corporals 24 rank/file Illawarra Military Superintendent of 2d Bentley and 31/121836 class convict gang at Illawarra617 Ensign Waddy616 Replaces Lt. Otway 1/1/1836. Otway commits suicide 10/4/1836618 Lt. William 50th Regiment Illawarra Lt. son is born at stockade Sheaffe 9/4/1837619 50th Regiment Wollongong 31/12/1837620 80th Regiment 1 captain 1 Plunkett arrives 1837621 subaltern 2 sergeants 29 Appointed JP/PM.622 Captain Patrick rank / file 31/12/1836. Illawarra & Replaces Lt Sheaffe 50th Plunkett 1 captain 3 sergeants 30 Wollongong Regiment 16/8/1837. rank/file 31/12/1838. 80th Regiment Wollongong Replaced on 1/7/1839 1 31/12/1838.

611 Ibid. 612 Ibid. 613 The Sydney Gazette and New South Wales Advertiser, 4 July 1835, p.4. 614 Ibid. 615 Organ, 'The Story of the Illawarra Stockade. … (accessed 20 March 2015). 616 The Sydney Gazette and New South Wales Advertiser, 4 July 1835, p.4. 617 The Sydney Gazette and New South Wales Advertiser, 14 April 1836, p.3. 618 Organ, 'The Story of the Illawarra Stockade …’, (accessed 20 March 2015). 619 The Colonist, 20 April 1837, p.7. 620 Organ, 'The Story of the Illawarra Stockade …’, (accessed 20 March 2015). 621 The Sydney Gazette and New South Wales Advertiser, 18 July, 1837, p.2. 622 The Sydney Gazette and New South Wales Advertiser, 2 December 1837, p.4.

110 Name Regiment Stockade Comments subaltern, 3 sergeants 54 80th Regiment Wollongong rank/file 177 convicts 31/12/1840. 31/12/1840. Captain Adams 80th Regiment623 1 subaltern 3 sergeants 54 80th Regiment Wollongong rank/file 177 convicts replaced by 99th Regiment 31/9/1841 1/9/1842 99th Regiment arrive 1/9/1842. 80th Regiment and Lt. Morris 1 captain 2 sergeants 35 replaced by 99th Regiment Major Major Ewen rank/file 118 convicts Illawarra Ewen McPherson as Assistant McPherson 30/9/1842. Engineer and Superintendent of Military establishment in Ironed Gangs 8/9/1842624 Illawarra 31/12/1843 Replaced Captain Plunkett as Superintendent of Iron Gangs, Assistant Engineer and Police Magistrate at Illawarra Lt. Raitt 39th Regiment Illawarra 1/12/1837625 Frederick Raitt is born at stockade 12/1/1839. John Wearin born at stockade 12/5/1839626 Captain Adams 80th Regiment No 4 Company of the 28th replaced by Lt. James D Morris as Regiment arrive on Superintendent of Iron Lt. James D 1/7/1839 replace 80th Gangs/Assistant Engineer Wollongong Morris Regiment with 1 captain 2 8/2/1840627 Sergeants 30 rank/file 203 William and Thomas Organ convicts 31/12/1839 purchase discharges from 28th Regiment on 1/4/1839628 Figtree, Baby Collins dies at Dapto Col H Maxwell- 99th Regiment leave Charcoal & Stockade (Mullet Ck) McPherson 31/12/1843 Mullet Creek 10/3/1839629 Captain Richard Illawarra Replaces Major McPherson of

623 Organ, 'The Story of the Illawarra Stockade …’, (accessed 20 March 2015). 624 Ibid. 625 Ibid. 626 Ibid. 627 Ibid. 628 Ibid. 629 Ibid.

111 Name Regiment Stockade Comments Ramsbottom 99th Regiment Illawarra Stockade 1/2/1844630 First visits Wollongong Governor Gipps 5/3/1844631

630 Ibid. 631 Ibid.

112