'Policy on the Run' • Transportation, the Law, and Empire: The Case of Van Diemen's Land • Thomas Gunn #763122 A thesis submitted as part of the requirements for the degree of Doctor of Philosophy School of History and Classics University of Tasmania 2008 PERMISSION This thesis is not to be made available for loan or copying for two years following the date this statement was signed. Following that time the thesis may be made available for loan and limited copying in accordance with the Copyright Act 1968. 11 Augu t 2008 Thomas Gunn 43 Bourke Street Launceston, 7250 TASMANIA (03 6334 4756 DECLARATION I certify that this thesis is all my own work, except as indicated and acknowledged, and that I have not submitted it for the award of any other degree or diploma. 11 August 2008 Thomas Gunn 43 Bourke Street Launceston, 7250 TASMANIA (03 6334 4756 111 ABSTRACT The approach to the bicentennial of the British settlement of Australia in 1988 generated renewed interest in a broad spectrum of Australian history. One genre that was heavily revised was that of convict studies. Convicts and convictism and their role in the early development of white settlement have been much re-examined. A significant body of work has been focussed on convicts as unfree labour and unwilling emigrants. Because of this focus emphasis has been placed on convict agency and their ability to resist the system. As a body they have been dissected into micro groups to explain how the system then impacted on the individual. Few works have looked the other way and seen how the individual impacted on the system. By both their presence and their agency, convicts forced changes to the way in which the Empire conducted transportation. This thesis examines these aspects to see how this took place. That examination is then taken further to look at how changes to the system of transportation impacted not only on the obvious relationship between the various Australian colonies, but also those colonies relations with others within the British Empire, and ultimately on how it impacted on relations between the colonies and the metropolis. While writers such as Hirst, Sturma, Neal, and Atkinson have examined aspects of convict impact on colonial society and its development, their work has been largely introspective with their focus on New South Wales prior to 1840. This thesis aims to broaden the examination to include the effects created by continued transportation to Van Diemen's Land and, later, Western Australia. iv ACKNOWLEDGEMENTS It would be highly remiss of me not to publicly acknowledge and thank those who have helped bring this thesis to life, and who have provided the support necessary to enable me to write it. Despite the fact that the PhD journey can prove to be very much a lonely road at times, along the way a number of people have contributed in thought, advice and encouragement. In many ways the thesis is a team effort, with many of the team unaware of their part in it. To the staff of the School of History and Classics at the University of Tasmania in Launceston I would like to thank you all for your part in my journey. To my principle supervisor, Dr Hamish Maxwell-Stewart, I thank you for the freedom you have given me to write this thesis in much my own way and in my own style. I hope this thesis is ample reward for the enthusiasm and encouragement you gave me as an undergraduate To my associate supervisor, Dr Tom Dunning, thank you for the sound advice and guidance given over the years. I have come to appreciate your insights and your understanding of the requirements of post graduate study. Your input into the closing stages of this project has been particularly significant. Thank you also to Dr Anthony Page who along the way has also aided with suggestions and support in moments of need. Within the University of Tasmania I would like to extend a special thank you to the library staff in Launceston — too numerous to name — who have provided help and friendship over many years, and with few complaints of my demands and requests. Jill Wells, who was Document Delivery for most of my candidature, warrants a special mention for her assistance and advice. Jill's knowledge of what was available on line or through interlibrary loan was of significant importance to this thesis and she was always happy to share that with me. For that I am eternally grateful. I hope her retirement is a long and happy one. Others within the University that I thank include Michael Stokes from the School of Law who patiently explained the relative authority of imperial and colonial statutes, and provided valuable background on the powers of the Privy Council, and Deb Bowring from the School of Law Library who provided help and assistance in an unfamiliar environment, and diligently answered my many questions and requests. A number of people along the way have helped me when specialized assistance was required. In particular I would note that of Terry Newman, Juliet Skaife and Helen Richardson at the Tasmanian Parliamentary Library, Kerry Ward at Rice University, Texas, and Benjamin Balak at Rollins College, Florida. On matters shipping I thank Graeme Broxam for his help, and I also thank the staff of the Archives Office of Tasmania in Hobart. The global nature of my topic necessitated a degree of international research by email. Responses and assistance were freely given in South Africa by Shirley Stewart at the Cory Library, Rhodes University, and Sue Ogterop at the African Studies Library, University of Cape Town; in London by Mari Takayanagi, the Archivist for the House of Lords; and in Ireland by John Delaney at the National Archives, Dublin, and Michael McGuire at the Limerick City Library. Two research trips were necessary to view original sources. The first, to the National Archive at Kew in London, was made available through grants from the School of History and Classics and I thank them for their support, without which the visit would not have been possible. The second was a flying visit to the Public Records Office of Victoria to view Legislative Council archives. I thank Robert McDonald at the Victorian Legislative Council for allowing me to use their records, and Marcus Dowd and the other staff at the PROV who made the visit so smooth — and highly profitable. I have been fortunate that almost all the material I have had to work with has been in English. Two documents did require translation and I thank Ric Fletcher for his assistance with the one in Afrikaans and Dutch, and Anita Pfleger for translating an article on German convicts and their transportation. Whilst this thesis has proven a solitary undertaking, there have been others who have shared much of the journey and supplied friendship, laughter and 'encouragement along the way. In this regard I extend my thanks to Damian Collins, • Kelly Brandenberg and Nicole Lehmann. A special thank you to Jess Whelan who has proven to be more than a colleague and whose advice and friendship helped me through some very difficult times. I hope her journey on the same road is also soon successfully over. I would also like to acknowledge the role of Dr John Carter, from the Ministry of Culture in Ontario, Canada, who from a distance has offered friendship and encouragement to complete my journey. Not only did he send me research materials he had unearthed in Canada, but also provided me with an opportunity to publish some of my findings. John also put me in touch with Patricia Kennedy who so generously shared much of her own work with me. To both I offer my thanks. To Jill Wilkinson, who so freely gave of her time to proof read this thesis, I also extend my thanks. Perhaps one day I can return the favour. To Megan Gunn and my children Hannah, Rowena and Frank, I thank you for the opportunity you have given me and the support you lent, despite its cost to you all. I cannot adequately enunciate my thoughts in this regard but have confidence you know the level of my thanks. I save my greatest thanks for my wife Anne Green, the person who held the light on the path when the journey was darkest and I was floundering and lost. You have never fully understood just how important your guidance, your encouragement, your advice and your love have been in getting me to finish this journey successfully. This thesis brought us together at a crucial time in both our lives and in that regard it will always have a particular significance and its own meaning. Despite thoughts to the contrary, my journey has never really been alone for you have always been there and for that I cannot thank you enough. I look forward to the day we can repeat the journey but with you in the lead. vi DEDICATION I would like to dedicate this thesis to my late father David Gunn, from whom I inherited my love of books and history. He gave me gifts that I cherish as much today as I ever have. vii LIST of CONTENTS Abbreviations p. ix Introduction Introduction p. 1 Review of Literature P. 7 Chapter Outline p. 24 Chapters One - A prison wall 14,000 kilometres thick. p. 33 Two - An old case through (Jane) New eyes. p. 48 Three - And then there were two. p. 65 Four - Strange ideas of freedom. p. 80 Five - A diversity of systems.