its importance to Western Australia. In February, 1861, the Palmerston arrived with 296 convicts, together with thirty pensioners, twenty women, and forty-nine children. No further shipment arrived until January, 1862. The advent of the Palmerston served to give an impetus to public works, and a few weeks later 100 men were engaged in the streets of Perth and on the Guildford Road. Metalling was being done on St. George's Terrace, the stone for which was mostly conveyed by boats from Freshwater Bay. The road to Mount Eliza depot was also being metalled. The people were relieved, and seemed contented that convict introduction was not yet to cease. The Duke of Newcastle promised that the committee appointed under the chairmanship of Earl Grey would take the question into full consideration. It was asserted by the several witnesses that Western Australia had ample room to accommodate 1,000 more convicts, and could continue taking that number each year. Western Australia was then the only British colony to which convicts could be sent, and naturally the committee advised the continuance of transportation.
A report of Comptroller-General Henderson for 1861 attracted the attention of the committee. In it he says "Some doubt seems still to hang over the question of the continuance of transportation to this colony, and it may not be irrelevant to record once more that there exist here facilities, and an almost certainty of success of such a system as that now in force, which in all human probability will never recur. An extensive territory with innumerable resources slowly but surely developing themselves, a large leaven of free settlers anxious and willing to co-operate with the Government in the progress of transportation as here established, necessaries of life at a reasonable price, and excellent climate, and a well organised convict department with all the means and appliances necessary for the full and efficient performance of its duties in working a system hitherto successful, form a combination of facts which may hereafter be sought in vain."
One important bearing which the Committee had on Western Australia was to temporarily improve the class of men transported. As shown in the previous chapter, it was evident that a dangerous element had been introduced, so dangerous as to threaten the annihilation of the system. One witness affirmed that twenty-eight lunatics had been introduced to Western Australia, besides men convicted of natural offences. At one time in 1861 there were nearly two score murderers in the Fremantle prison. It would be impossible to conduct the system on the old free and liberal lines were such a hodge-podge imported, and hence the Committee wisely advised that a finer discrimination be used in choosing the men.
The Committee also recommended that the system of awarding conditional pardons be abolished in deference to the opposition raised by witnesses from eastern colonies and by local witnesses. Newspapers and politicians in other colonies complained lustily of the influx of men bearing conditional pardons, and not a little ill-feeling was aroused. Their ordinances were not effective in keeping them out. Local newspapers retorted that no cases were recorded in sister colonies of conditional pardon men being convicted. In 1863 the Duke of Newcastle informed the Governor by despatch that it was determined to abolish the privilege. This rule applied to all convicts sent from England after 26th September 1863. In future it was desired that every convict should remain in Western Australia under a conditional release certificate until he had served the full period of his sentence. It meant that he would be kept for a much longer period under official surveillance. Naturally, the new rule did not please convicts. Although no public opposition was shown to it, the annals record more desperate escapes after 1864. The number of conditional-pardon certificates issued up to 1865 was 4,180. The total number of escapes up to that year was only 47; death was responsible for the absence of nearly 500 felons.
On 17th February, 1862, Governor Kennedy retired, and was succeeded by Governor Hampton on 27th February. The Commandant, Lieutenant-Colonel John Bruce, ruled during the short interregnum. In some respects Governor Kennedy resembled ex-Governor Hutt. He had a determined nature, and pursued a certain course whether it was popular or not. In January, 1861, Messrs. Drummond and Lukin were removed from the Commission of the Peace. A newspaper gave as the reason that the first gentleman "declined to be placed under the surveillance of the police," and the second "refused to fritter away valuable time in hearing petty and vexatious cases preferred by the police against a man who was obnoxious either to them or those whose instruments they were." Mr. Bickley's name was also removed. Another attack was made on Governor Kennedy because of this, and he was again accused of interference with the magistracy, a policy which was described as indefensible and calculated to make justices "the mere creatures of the Executive." It was further asserted that a policeman was required to visit a certain court and take notes of the proceedings of the justices; also that special instructions were given to magistrates on the Toodyay bench which they refused to carry out. In January, 1863, the three gentlemen were reinstated by Governor Hampton. Other exceptions were taken to Governor Kennedy. His Customs Act came in for considerable derision among the importers. In 1861 a difficulty of some moment arose in regard to the regulations under which lightermen at Fremantle were required to provide heavy security before they were permitted to land customed goods. The Dolphin anchored at Fremantle with a full cargo early in April, and as the boatmen could not provide or find security the ship was kept waiting with a valuable cargo. The master of the ship and the consignees were alike unable to do anything. The Government offered to permit the boatmen to go out if they would enter into a bond, which would afterwards be cancelled, but the offer was refused, and the Government was compelled to discharge the cargo with the Harbour Master's boat. Messrs. Bateman and Maxworthy sent a boat to the vessel in spite of the regulation and landed certain goods; next day the boat was seized and Messrs. Bateman and Maxworthy were arrested. Governor Kennedy's action was held up to obloquy, and a petition was presented asking for the cessation of proceedings against the offenders, and the remission of a £10 fine on Mr. Maxworthy. The Governor acquiesced; Governor Hampton overcame the difficulty by a simple expedient.
At the same time a difficulty arose in the judicature. Judge Burt decided that by the constitution he had no jurisdiction as Commissioner of the Civil Court and Court of Quarter Sessions to issue writs of habeas corpus or certiorari. A special ordinance was demanded, sometimes in heated language, and on 17th June, 1861, the Supreme Court was constituted by Act of Parliament, and proclaimed on the 18th. Owing to the close corporation which this Act created among solicitors and attorneys in the colony to the exclusion of new-comers, the Act was amended in
