History of the Australian Bushrangers — John Shaqi
History of the Australian BushrangersBoxall, George
History
History of the Australian Bushrangers
Boxall, George
Bushrangers -- Australia
therefore, sentenced to receive fifty lashes. A week later Todd was
again arrested for being out after hours, and was sentenced to receive
thirty lashes. The paper in reporting this charged Colonel Wilson with
tyrannical conduct, and says that he went to see Todd flogged.[12]
I am not relating the worst cases in order to "make out a case" for the
bushrangers, but simply facts to illustrate the life in the colonies at
the time, and thus account for the large number of men who "took to the
bush," and the special Acts passed to prevent this breach of the law
were as tyrannical as the acts of the officials or the masters which
went so far to create it. The "Bushranging Act" (11 George IV., No. 10)
authorised the military or civil police to arrest any person on the
mere suspicion that he or she was illegally at large, and the onus of
proof was thrown on the suspected party. This Act was a fruitful source
of complaint. No one was safe except well known officials, and it is
said that the Act was extensively used for purposes of extortion and
black mail. A young woman was arrested by an ex-constable and charged
with being illegally at large. It was in vain that she protested that
she was "free" and did not require a pass. He insisted on taking her to
the lock-up. Fortunately, while walking along the street she met some
one who knew her and who threatened the ex-policeman with prosecution
if he did not release her. The fellow did so and was not prosecuted.
Probably had an enquiry been held it would have been found that he was
acting in collusion with the police. Even the officials were not always
safe. Mr. Jacques, the Government auctioneer, had been to a dinner
party. Being near the Custom House he decided to walk to the wharf from
whence the steamer, which ran to Balmain, started and go home in her.
Not having walked to the wharf from that point before, he found it
necessary to apply to a constable for information as to which turning
he should take, and was immediately arrested as a convict illegally at
large. In spite of his protests he was conveyed to the nearest police
station. The sergeant in charge refused to believe his story, and
thought that the presence of a well-dressed man in that quarter was
suspicious. Mr. Jacques was therefore detained till morning, when he
was recognised by the magistrate and discharged. In 1834 a circular
letter was addressed by the Governor to the various police-magistrates
in New South Wales, enquiring whether, in their opinion, the Act
should be reaffirmed or not, and the replies were by a large majority
in favour of its being continued, while others merely suggested that
it might be amended in various ways to prevent the abuses which had
grown up under its operation. Judge Burton was almost alone in his
condemnation of the Bushranging Act, which, he said, was repugnant to
the laws of England. "England and the United States of America," he
said, "are the only two countries in the world where passports are not
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