| Abbreviations | |
| HRA, | Historical Records of Australia |
| HRNSW | Historical Records of New South Wales |
| JRAHS | Journal of the Royal Australian Historical Society |
| PRO | Public Record Office |
| CO | Colonial Office |
Introduction
1 Collins, David, An Account of the English Colony in New South Wales, Vol. 2, Facsimile Edition, Libraries Board of South Australia, Adelaide, 1971, p. 281
2 Trial for the murder of two natives. Enclosure No.1, Governor Hunter to the Duke of Portland, 2 January 1800, HRA, Series I, Vol. 2, p. 422
Chapter 1
1 Collins, David, An Account of the English Colony in New South Wales, Vol. 1, Facsimile Edition, Libraries Board of South Australia, Adelaide, 1971, p. 457
2 Trial for the murder of two natives. Enclosure No.1, Governor Hunter to the Duke of Portland, 2 January 1800, HRA, Series I, Vol. 2, pp. 403–22
3 ‘Yaragowhy’ (probably the Yellowgowie referred to by Archer) was identified along with another Aboriginal man, Yaramandy, as two of the Richmond Hill ‘chiefs’. Sydney Gazette, 1 July 1804
4 Colonial Times (Hobart, Tasmania), 25 May 1831, p. 4, quoted by Henry Reynolds, Frontier: Aborigines, Settlers and Land, Allen & Unwin, Sydney, 1987, p. 46
5 Collins, Vol. 2, p. 281
6 Governor Hunter to the Duke of Portland, 2 January 1800. PRO Reel 8. CO.201/16
7 Court of Criminal Jurisdiction, Minutes of Proceedings, State Records N.S.W., Microfilm copy Reel 2651, [X905], pp. 329–62 for original transcript, and pp. 298–320 for incomplete copy
8 Governor Hunter to the Duke of Portland, 2 January 1800. PRO Reel 8. CO.201/16
9 Governor Hunter to the Duke of Portland, 2 January 1800, including enclosure No. 1. Trial for the murder of two natives. HRA, Series I, Vol. 2, pp. 401–22
10 Collins wrote to William Davies (of his publishers Cadell and Davies) 28 July 1801, Ac 40/4, Mitchell Library (quoted from Currey, John, David Collins: A Colonial Life, Melbourne University Press, 2000, p. 165): ‘Having been unexpectedly ordered to this place shortly after I conversed with you on the subject of our book, I had not time to send the particulars necessary for advertising the continuation of that work. I propose to take it up where I left off myself, in September 1796, and bring it down to the departure of Governor Hunter in the month of August 1800. The work will be composed from the papers of the Governor, and will exhibit the most interesting events that occurred in the different settlements in New South Wales between the above periods—particulars of several excursions into the interior parts of the country to the westward and to the southward of Port Jackson, and various circumstances respecting the native inhabitants.’
11 Miscellaneous Criminal Papers, 1788–91, 1798–1800, 1802, 1805, 1807–16. NRS 2702, Microfilm copy Reel 2392, [5/1152], Examinations, informations re the King verses Powell, Freebody etc. pp. 53–64
Chapter 2
1 Barkley-Jack, Jan, Hawkesbury Settlement Revealed: A New Look at Australia’s Third Mainland Settlement 1793–1802, Rosenberg, Sydney, 2009, p. 311
2 Barkley-Jack, p. 54
3 Barkley-Jack, pp. 68–9
4 Barkley-Jack, p. 309; Flynn, Michael, The Second Fleet: Britain’s Grim Convict Armada of 1790, Library of Australian History, Sydney, 1993, p. 278
5 Evidence of Timms, Freebody and Butler. HRA, Series I, Vol. 2, p. 415
6 Barkley-Jack, p. 286
7 Barkley-Jack, p. 342
8 http://freepages.genealogy.rootsweb.ancestry.com/~amandataylor/atwrr/freebody.html Accessed January 2011
9 www.bda-online.org.au. Accessed January 2014. John Hoskinson son of Thomas Hoskinson and Sarah Hoskinson born 14 September 1799, database entry under ‘Thomas Hotskinson’, Person ID: T#30001060402
10 Edward Powell signed a letter dated 22 February 1798 of complaints and grievances made by settlers at Liberty Plains and Concord. The letter was written for the group by the Reverend Samuel Marsden and Thomas Arndell in an enquiry into the claims by settlers that they were being impoverished by the extortionate prices demanded by traders for goods considered the necessities of life. Powell purchased the 30 acres known as Doyle’s Farm on Argyle Reach from Michael Doyle. The sale was registered on 24 February 1798. However, Edward Powell is shown as owning 60 acres at the Hawkesbury in 1801. The possibilities suggest the other 30 acres were in the same vicinity and could have been either Rayner’s Farm or perhaps the block beside White first granted to Samuel Jackson. Rayner’s Farm, where the Hodgkinsons lived in 1799, must have eventually come into the Hodgkinson family as Thomas and Sarah Hodgkinson’s son Thomas sold part of the farm to a Thomas Upton (his mother’s second husband) in 1822. (Reference: Old Register Book 1, p. 4, entry 6 dated 11 September 1822). Thomas Upton married widowed Sarah Hodgkinson in 1803. (Reference: Muster entries BC026 for Powell in 1801 and July/August 1800 AA333)
11 Edward Powell family history manuscript held by Society of Australian Genealogists
12 Wilson, L., Robert Forrester, First Fleeter, Louise Wilson, South Melbourne, 2009, pp. 352–3
13 Barkley-Jack, p. 423
14 Barkley-Jack pp. 286, 342
15 That property lay behind both Ross Farm and Forrester’s Farm. Although it was registered as Archer’s Farm on 1 January 1800 he probably had possession earlier. Barkley-Jack, p. 179
16 Barkley-Jack, p. 310. Note: Matthew Kearns was a successful trader at the Hawkesbury and was possibly related to Mary Kearns. Her connection with Matthew could have been a contributor to the business success for Jonas and Mary Archer.
17 Caley quoted by Michelle Nichols, p. 20 in Barkley, J., and Nichols, M., Hawkesbury 1794–1994:The First 200 Years of the Second Colonization, Hawkesbury City Council, 1994.
18 Collins, Vol. I, April 1795, p. 415
19 Collins, Vol. 2, p. 32
20 Barkley-Jack, p. 342
21 ‘a Lady into keeping’ is the term used by Neil McKellar in a letter 29 December 1793 to Ensign John Piper in Eldershaw, M. Barnard, The Life and Times of Captain John Piper, Dee Why, 1973, p. 25. Information drawn from Barkley-Jack, p. 388
22 For contemporary views about convict women see Robinson, P., The Women of Botany Bay, Macquarie Library, Sydney, 1988
23 State of the settlements, 30 June 1799, HRNSW, Series I, Vol. 3, pp. 683–4
24 Arndell and Marsden’s comments in their report to Governor Hunter 1798, Barkley-Jack, p. 231
25 30 June 1798. Sydney Bench of Magistrates 4/19708. S.Z766, microfilm copy AO reel 655, photocopy COD76
26 Wilson, Robert Forrester, First Fleeter, p. 133. Robert Forrester had borrowed money from Surgeon D’Arcy Wentworth and from Sarah Cooley (or Cowley), the de facto wife of Lieutenant McKellar
27 Petition of Hawkesbury Settlers to Governor Hunter, 1 February 1800, Governor Hunter’s Reply to the Hawkesbury Petition, 8 February 1800, HRA, Series I, Vol. 2, pp. 445–6
28 Expenses of farming at the Hawkesbury, January 1800, HRA, Series I, Vol. 2, pp. 434–5, copy of a letter from Hunter to the commanding officer of the Hawkesbury, 23 April 1798. HRA, Series I, Vol. 2, p. 431
29 HRA, Series I, Vol. 2, p. 435
30 Price of grain and meat in the Commissariat 1793–1810, in Fletcher, B., Landed Enterprise and Penal Society: A History of Farming and Grazing in New South Wales Before 1821, Sydney University Press, 1976, p. 84
31 HRA, Series I, Vol. 2, p. 434; Collins, Vol. 2, p. 276
32 The Rose Family of the Bellona: Australian Free Settlement Begins 16 January 1793, Thomas and Jane Rose Society, Sydney, 1990, pp. 39–43
33 Hague, William, William Pitt the Younger, Alfred A. Knopf, New York, 2005, pp. 354–5
34 Hunter to Portland, 1 May 1799, HRA, Series I, Vol. 2, pp. 354–5
35 Hunter to Portland, 1 May 1799, HRA, Series I, Vol. 2, pp. 354–5
36 Governor Hunter to the Duke of Portland, 2 January 1800, enclosure No.1. Trial for the murder of two natives. HRA, Series I, Vol. 2, pp. 403–22
37 Governor Hunter to the Duke of Portland, 2 January 1800, HRA, Series I, Vol. 2, p. 402
Chapter 3
1 Collins, August 1795, Vol. 1, p. 426
2 Hunter, Captain John, 1793, An Historical Journal of Events at Sydney and at Sea 1787–1792, Angus & Robertson, Sydney, 1968 (originally published by John Stockdale, London, 1793), pp. 340–8; Tench, Watkin, 1788, comprising A narrative of the Expedition to Botany Bay and A complete Account of the Settlement at Port Jackson, ed. Tim Flannery, 1996, pp. 188–99. Note: the spelling of Aboriginal names here is that given by Hunter rather than by Tench.
3 Hunter, pp. 93–4, 96
4 Barkley-Jack, p. 279
5 Kohen, J., ‘Justice for the Darug Tribe’, Proceedings of the Annual Conference of the RHS, Giving History the Justice it Deserves, 9–10 October, 1993.
6 Turbet, Peter, The First Frontier: The Occupation of the Sydney Region 1788–1816, Rosenberg, Sydney, 2011, pp. 13–14
7 Tench, pp. 192–3
8 Tench, p. 197
9 Tench, pp. 196–7
10 Tench, p. 197
11 Collins, December 1793, Vol. 1, p. 329 refers to ‘Midjer Bool’ as an adopted alternative name of an Aborigine
12 Hunter, pp. 92–4
13 Hunter, pp. 114–16
14 Hunter, pp. 326–8
15 Hunter, p. 353
16 Atkins, Richard, Journal 1792–1810, ML MSS737, 8 June 1792. The journal is hereafter referred to as Atkins’ diary.
17 Quoted from Bridges, B., ‘The Aborigines and the Land Question: New South Wales in the Period of Imperial Responsibility’, JRAHS, Vol. 56, Pt 2, p. 97
18 Collins, April 1794, Vol. 1, p. 364
19 Collins, April 1794, Vol. 1, pp. 364–5
20 Collins, October 1794, Vol. 1, p. 394
21 Evidence before John Macarthur at Parramatta, 17 October 1794. Sydney Bench of Magistrates 4/19708. Location SZ765 Reel 654 COD 17
22 Evidence before John Macarthur at Parramatta, 17 October 1794
23 Collins, October 1794, Vol. 1, p. 394
24 Collins, October 1794, Vol. 1, p. 394
25 Collins, September 1794, Vol.1, p. 390
26 Collins, February 1795, Vol. 1, p. 407
27 Barkley-Jack, p. 287
28 Collins, September 1795, Vol. 1, p. 390; Atkins’ diary, 26 September 1794, reported the deaths as six natives.
29 Atkins’ diary, p. 180
30 Collins, September 1794, Vol. 1, p. 390
31 Barkley-Jack, p. 289
32 Collins, January 1795, Vol. 1, p. 405
33 Collins, January 1795, Vol. 1, p. 404
34 Cobley, John, Sydney Cove 1793–1795: The Spread of Settlement, Vol. IV, Angus & Robertson, Sydney, 1983, p. 240 citing a letter of Captain Paterson to Sir Joseph Banks, Banks Papers (iii) pp. 183–6
35 Collins, February 1795, Vol. 1, p. 406
36 Barkley-Jack, pp. 97–144
37 Collins, March 1795, Vol. 1, p. 413
38 Martin, Megan (ed.), Settlers and Convicts of the Bellona 1793, Bellona Muster Committee 1793– 1993, Sydney, 1992, pp. 102–6
39 Collins, May 1795, Vol. 1, p. 415
40 Collins, May 1795, Vol. 1, p. 416
41 Collins, May 1795, Vol. 1, p. 416. Note some confusion amongst the officers over the tribal name. Collins refers to the wood tribe as the Be’-dia-gal and the Buruberongal are not mentioned again.
Chapter 4
1 Collins, May 1795, Vol. 1, p. 416
2 Lieutenant-Governor Paterson to The Right Hon. Henry Dundas, 15 June 1795, HRNSW, Vol. 2, p. 307
3 Collins, May 1795, Vol. 1, p. 416
4 Lieutenant-Governor Paterson to The Right Hon. Henry Dundas, 15 June, 1795, HRNSW, Vol. 2, p. 308
5 Lieutenant-Governor Paterson to The Right Hon. Henry Dundas, HRNSW, Vol. 2, p. 308; Collins, December 1795, Vol. 1, p. 444; Governor Hunter to the Duke of Portland, 2 January 1800, HRA, Series I, Vol. 2, p. 402
6 Collins, May 1795, Vol. 1, pp. 416–17
7 The detachment left for the Hawkesbury on 7 June 1795 according to Richard Atkins’ diary entry for 7 June 1795, p. 190
8 Lieutenant-Governor Paterson to The Right Hon. Henry Dundas, 15 June 1795, HRNSW, Vol. 2, p. 312–13; Return of the distribution of the officers of the New South Wales Corps, HRNSW, Vol. 2, p. 330
9 State of the settlements at 15 June 1795. HRNSW, Vol. 2, p. 310
10 Collins, June 1795, Vol. 1, p. 419
11 Lieutenant-Governor Paterson to The Right Hon. Henry Dundas, 16 September 1795, HRNSW, Vol. 2, p. 320
12 Collins, December 1795, Vol. 1, p. 444
13 Collins, January 1796, Vol. 1, p. 453; Barkley-Jack, p. 296
14 Barkley-Jack, pp. 296–7
15 website: http://www2.sl.nsw.gov.au/banks/access. Accessed November 2013. Papers of Sir Joseph Banks at the State Library of New South Wales, Series 38.03 Letter received by Banks from John Hunter, 20 August 1796, p. 2
16 Government and General Order, 20 January 1796, HRNSW, Vol. 3, p. 9
17 Collins, January 1796, Vol. 1, p. 450
18 Collins, February 1796, Vol. 1, p. 459
19 Government and General Order, 22 February 1796, HRNSW, Vol. 3, pp. 25–6
20 Collins, February 1796, Vol. 1, pp. 458–9
21 Collins, March 1796, Vol. 1, p. 468
22 Governor Hunter to the Duke of Portland, 30 April 1796, HRNSW, Vol. 3, pp. 45–6
23 Collins, May 1796, Vol.1, p. 474
24 Collins, July 1796, Vol.1, pp. 486–7
25 Collins, June 1796, Vol.1, p. 482
26 Barkley-Jack, p. 329; Collins, July 1796, Vol.1, pp. 491–2
27 Collins, July 1796, Vol.1, p. 492
28 Hunter, Capt. John, An Historical Journal of the Transactions at Port Jackson and Norfolk Island, With the Discoveries That Have Been Made in New South Wales and the Southern Ocean Since the Publication of Phillip’s Voyage John Stockdale, London, 1793.
29 Collins wrote to William Davies (of his publishers Cadell and Davies) on 28 July 1801 explaining how he intended using John Hunter’s diary notes for a second volume of his history of New South Wales. Information from Currey, John, David Collins: A Colonial Life, Melbourne University Press, 2000, p. 165
30 Collins, January 1797, Vol. 2, pp. 15–17
31 Collins, December 1796, Vol. 2, p. 13
32 Collins, April 1797, Vol. 2, p. 31
33 Collins, March 1797, Vol. 2, p. 27. The ‘northern farms had been repeatedly plundered’ but the exact location is unspecified.
34 Collins, March 1797, Vol. 2, pp. 26–8
35 Collins, April, 1797, Vol. 2, p. 32
36 Collins, May 1797, Vol. 2, p. 35
37 Collins, December 1796, Vol. 2, p. 10. The body of Francis Morgan, found guilty of murder, was hung on Pinchgut Island in chains on 30 December 1796. The sight terrified the Aborigines of Sydney.
38 HRA, Series I, Vol. 2, Hunter to Portland, 20 June 1797, p. 24
39 Collins, October 1797, Vol. 2, p. 11
40 Collins, October 1797, Vol. 2, pp. 56–7
41 Government and General Order, 13 May 1797, HRNSW, Series I, Vol. 3, p. 207–8
42 Collins, November 1797, Vol. 2, p. 60
43 Collins, January 1798, Vol. 2, pp. 75–8
44 Collins, April 1798, Vol. 2, pp. 103–4
45 Collins, September 1798, Vol. 2, p. 127
46 The date of the attack on Tarlington must have been Sunday 11 or 18 February 1798. Nicholas Redman was buried at Parramatta on 18 February and Joseph Collins was buried there on 26 March. Reference: Cobley, J., Sydney Cove, 1795–1800: The Second Governor, Angus & Robertson, Sydney, 1986, pp. 204, 209
47 In the published transcript of the trial (HRA, Series I, Vol. 2, pp. 401–22) the name Malony is incorrectly transcribed as ‘Thomas Malong’, ‘Malong’, and ‘Malloy’. However, the original transcript clearly reads ‘Joseph Malony’, and ‘Malony’.
48 Collins, February 1798, Vol. 2, p. 93
Chapter 5
1 Court of Criminal Jurisdiction Minutes of Proceedings, 1798–1800, State Records N.S.W., X905 – 68, 90. R. v Hewitt, 1st February 1799
2 Judge-Advocate Atkins to Governor King (King Papers), 8 July 1805, HRNSW, Vol. 5, pp. 653–4
3 Castles, A., An Australian Legal History, The Law Book Company, Sydney, 1982, p. 532; Kercher, B., An Unruly Child: A History of Law in Australia, Allen & Unwin, Sydney, 1995, pp. 4–10
4 Collins, Vol. 2, January 1799, p. 196
5 Collins, Vol. 2, January 1799, pp. 196–7
6 Hunter’s Instructions, HRNSW, Vol. 2, p. 230
7 State Records N.S.W.: Judge Advocate’s Office; NRS 5602, Letters Received 1791, 1798–1811; [5/1112, 18/38]
8 State Records N.S.W.: Judge Advocate’s Office; NRS 5602, Letters Received 1791, 1798–1811; [5/1112, 18/38]
9 Government and General Order, 22 February 1796, HRA, Series I, Vol. 1, pp. 688–9
10 Item 10 in the Port Regulations, enclosure No. 8 to Lieutenant-Governor King to the Duke of Portland, 10 September, 1800, HRNSW, Series I, Vol. 4, p. 145
11 Hunter’s Instructions, HRNSW, Vol. 2, p. 230
12 Governor Hunter to the Duke of Portland, 2 January 1800, HRA, Series I, Vol. 2, pp. 401–3
Chapter 6
1 Statement of work executed at the different settlements during the year 1799. HRNSW, Vol. 3, p. 750
2 Castles, A., An Australian Legal History, The Law Book Company, Sydney, 1982, p. 50
3 Neal, D., The Rule of Law in a Penal Colony: Law and Power in Early New South Wales, Cambridge University Press, Cambridge, 1991, pp. 90–1
4 Australian Dictionary of Biography, http://adb.anu.edu.au/biography, entries for John Shortland and Henry Waterhouse, accessed 2010.
5 Naval Historical Society of Australia, The battle of the Glorious First of June. Web site current at January 2013, http://www.navyhistory.org.au/the-battle-of-the-glorious-first-of-june-1794/
6 Mundle, Rob, Flinders: The Man who Mapped Australia, Hachette, Sydney, 2012
7 Barkley-Jack, p. 297
8 Barkley-Jack, pp. 402–5
9 Statham, P. (ed.), A Colonial Regiment: New Sources Relating to the New South Wales Corps 1789–1810, P. Statham, Canberra, 1992, p. 274
10 Barkley-Jack, pp. 235, 347
11 Hunter to Portland, 2 January 1800, HRA, Series I, Vol. 2, p. 401
12 Collins, Vol. 2, January 1800, p. 281
13 Collins, Vol. 2, September 1799, p. 265
Chapter 7
1 Wilson, Robert Forrester, First Fleeter, pp. 96–100, 352–3
2 Phases of the moon for 1799 can be researched at http://eclipse.gsfc.nasa.gov/phase/phases-1799.html
3 Thomas Sambourne arrived on the Royal Admiral on 7 October 1792, as did James Metcalfe. He had been given seven years at Buckingham, a small market town north of London, on 19 July 1790. Thus he would have been free in 1799. (Reference: Indent of the Royal Admiral, Fourth Fleet Families of Australia, edited and compiled by C.J. Smee, 1992)
4 www.bda-online.org.au, person ID B#10011500001, Thomas Sambourne, arrived Royal Admiral October 1792, free by servitude by 1797
5 www.bda-online.org.au, possibly person ID B#10011436501, John Pearson, arrived per Pitt in February 1792, free by servitude by 1798
6 Flynn, M., The Second Fleet: Britain’s Grim Convict Armada of 1790, Library of Australian History, Sydney, 1993, p. 606
7 Wigmore, J.H., ‘The History of the Hearsay Rule’, Harvard Law Review, Vol. XVII, May 1904, p. 437
Chapter 8
1 Statham, P., (ed.), A Colonial Regiment, p. 294
2 Collins, Vol. 2, March 1799, p. 203
3 Collins, Vol. 2, May 1799, p. 209
4 HRNSW, Vol. 3, pp. 683–4
5 Australian Dictionary of Biography, on-line version, accessed 2010. Entry on Anthony Kemp by Murray C. Kemp. http://adb.anu.edu.au/biography/kemp-anthony-fenn-2294
6 Barkley-Jack, pp. 56, 59, 69–70,
7 Statham, P., (ed.), A Colonial Regiment, p. 278
8 Atkins’ diary, 12 February 1795, p. 185
Chapter 9
1 Castles, An Australian Legal History, p. 60
2 www.bda-online.org.au, person ID B#10011504301, James Metcalfe, arrived Royal Admiral, October 1792, free by servitude by 1797
3 www.bda-online.org.au, person ID B#10011407601, William Timms, arrived per Admiral Barrington, October 1791, free by servitude by 1796; or possibly person ID B#10011519801, William Timms, per Royal Admiral, arrived October 1792, free by servitude by 1798
4 www.bda-online.org.au, person ID B#10011010201, William Butler, arrived per Scarborough, 1788, free by servitude by 1791
5 www.bda-online.org.au, person ID B#10011245001, John Tarlington, free by servitude by 1794
6 www.bda-online.org.au, person ID B#10011419901, Henry Baldwyn, free by servitude by 1796
7 www.bda-online.org.au, person ID B#10011389601, William Bleady (Blady), free by servitude by 1797
8 Miscellaneous Criminal Papers, 1788–91, 1798–1800, 1802, 1805, 1807–16. NRS 2702, Microfilm copy Reel 2392, [5/1152], handwritten papers 18 October 1799, Defence of Powell, Freebody, Metcalfe, Timms and Butler (murder of two natives), pp. 65–70
9 Government and General Order, 22 February 1796, HRA, Series I, Vol. 1, pp. 688–9
10 Judge-Advocate Atkins to Governor King (King Papers), 8 July 1805. HRNSW, Vol. 5, pp. 653–4
11 Barkley-Jack, p. 297
Chapter 10
1 Australian Dictionary of Biography, Vol. 1, Melbourne University Press, 1966, entry for John Hunter by J.J. Auchmuty
2 Hague, William Pitt the Younger, Alfred A. Knopf, 1995, pp. 299–300
3 Barnes, R., An Unlikely Leader: The Life and Times of Captain John Hunter, Sydney University Press, 2009, p. 103
4 Atkins’ diary, 24 September 1795
5 Government and General Order, 15 October 1795, HRNSW, Vol. 2, p. 324
6 The Duke of Portland to Governor Hunter, August 1796, HRNSW, Vol. 3, pp. 95–98
7 Government and General Order, 20 May 1798, HRNSW, Vol. 3, pp. 384–5
8 Captain Macarthur to Governor Hunter, 24 February 1796, HRNSW, Vol. 3, pp. 26–7
9 HRNSW, Vol. 3, pp. 119–29
10 Governor Hunter to the Duke of Portland, 14 September 1796. HRNSW, Vol. 3, pp. 129–31
11 Captain Macarthur to Governor Hunter, 13 September 1796
12 Captain Macarthur to the Duke of Portland, 15 September 1796, pp. 131–36
13 Boston v. Laycock [1795] NSWKR 3; [1795] NSWSupC 3. http://www.law.mq.edu.au/research/colonial_case_law/nsw/cases/case_index/1795, accessed June 2013
14 Governor Hunter to the Duke of Portland, 26 August 1796, HRNSW, Vol. 3, pp. 87–8
15 Governor Hunter to the Duke of Portland, 10 August 1796, HRNSW, Vol. 3, pp. 64–7; The Duke of Portland to Governor Hunter, 31 August, 1797, HRNSW, Vol. 3, p. 294
16 Memorandum (undated), HRNSW, Vol. 3, pp. 19–22
17 Atkins’ diary, 24 June 1796
18 Australian Dictionary of Biography, Vol. 1, Melbourne University Press, 1966. Entry for Richard Dore, author K.G. Allars, pp. 313–14
19 Allars, K.G., ‘Richard Dore Re-Examined’, JRAHS, Vol. 50, Pt 2, pp. 117–29
20 Governor Hunter to Judge-Advocate Dore, 5 December 1798, HRA, Series I, Vol. 2, pp. 249–50
21 Judge-Advocate Dore to Governor Hunter, 6 December 1798, HRA, Series I, Vol. 2, p. 252
22 Judge-Advocate Dore to Governor Hunter, 6 December 1798, enclosure No. 3 of the letter Governor Hunter to the Duke of Portland, 21 February 1799, HRA, Series I, Vol. 2, p. 251–3
23 Judge-Advocate Dore to Governor Hunter, undated, enclosure No. 2 to the letter Governor Hunter to the Duke of Portland, 21 February 1799, HRA, Series I, Vol. 2, p. 250
24 Messrs. Atkins and Williamson to Governor Hunter, enclosure No. 5 of Governor Hunter to the Duke of Portland, 21 February 1799, HRA, Series I, Vol. 2, p. 254–5
25 Governor Hunter to Judge-Advocate Dore, 22 December 1798, enclosure No. 6 of Governor Hunter to the Duke of Portland, 21 February 1799, HRA, Series I, Vol. 2, pp. 255–6
26 Governor Hunter to Judge-Advocate Dore, 22 December 1798, enclosure No. 10 of Governor Hunter to the Duke of Portland, 21 February 1799, HRA, Series I, Vol. 2, pp. 268–9
27 Supreme Court Records, Book 16, Proceedings of Magistrates, 10 January 1799
28 Judge-Advocate to Governor Hunter, 22 January 1799, enclosure No. 16 of Governor Hunter to the Duke of Portland, 21 February 1799, HRA, Series I, Vol. 2, p. 276
29 Governor Hunter to Judge-Advocate Dore, 23 January 1799, enclosure No. 17 of Governor Hunter to the Duke of Portland, 21 February 1799, HRA, Series I, Vol. 2, pp. 277–8
30 Governor Hunter to the Duke of Portland, 18 May 1798, HRA, Series I, Vol. 2, p. 153
31 Supreme Court Records Bundle 18 cited in Allars, K.G., ‘Richard Dore re-examined’, JRAHS, Vol. 50, Pt 2, pp. 117–29
32 Governor Hunter to the Duke of Portland, 21 February 1799, HRA, Series I, Vol. 2, p. 245
33 Governor Hunter to the Duke of Portland, 21 February 1799, HRA, Series I, Vol. 2, pp. 278–83
34 Governor Hunter to the Duke of Portland, 21 February 1799, including enclosures Nos 1–14, HRA, Series I, Vol. 2, pp. 278–338
35 The Reverend R. Johnson to Governor Hunter, 24 April 1799, enclosure No. 11 of Governor Hunter to the Duke of Portland, 21 February 1799, HRA, Series I, Vol. 2, pp. 323–3
36 Australian Dictionary of Biography, http://adb.anu.edu.au/biography, entry for Isaac Nicholls by Arthur McMartin
37 Trial of Wm. Collins and Others, enclosure No. 7 of Governor Hunter to the Duke of Portland, 21 February 1799, HRA, Series I, Vol. 2, pp. 313–16.
38 Letters Patent Constituting the Courts of Law, clause referring to capital cases. Barton, G.B., History of New South Wales From the Records, Vol. 1, Charles Potter, Government Printer, London, 1889, p. 537; also found in HRA, Series IV, Legal Papers, ed. Frederick Watson, published, Library Committee of the Commonwealth Parliament, Sydney, 1922
39 Judge-Advocate Dore to Governor Hunter, 5 April 1799, Enclosure No. 8 of Governor Hunter to the Duke of Portland, 30 April, 1799, HRA, Series I, Vol. 2, pp.349–10.
40 Judge-Advocate Dore to Governor Hunter, 5 April 1799, enclosure No. 8 of Governor Hunter to the Duke of Portland, 30 April 1799, HRA, Series I, Vol. 2, pp. 349–10
41 Military Officers to Governor Hunter, 6 April 1799, enclosure No. 1 of Governor Hunter to the Duke of Portland, 30 April 1799, HRA, Series I, Vol. 2, pp. 345–46
42 A notice appeared in The Star of 19 May 1798, that King was to succeed Hunter as Governor of New South Wales. Cited in Barnes, An Unlikely Leader, p. 206
43 The Duke of Portland to Governor Hunter, 26 February 1799, HRA, Series I, Vol. 2, pp. 338–40
44 Note 12, HRA, Series I, Vol.2, p. 705
45 Enclosures Nos 2 and 3 of Governor Hunter to the Duke of Portland, 2 January 1800, HRA, 1, Vol. 2, pp. 423–5
46 PRO Reel 8, Colonial Office, 201/16, pp. 30–5 contains the unabridged record.
47 The trial of Parker and Marshall, Enclosure No. 2 of Governor Hunter to the Duke of Portland, 2 January 1800, HRA, Series I, Vol. 2, pp. 423–4
48 PRO Reel 8, Colonial Office, 201/16, pp. 25–30
49 Governor Hunter to the Duke of Portland, 15 January 1800, HRA, Series I, Vol. 2, pp. 436–8
50 Barnes, An Unlikely Leader, p. 211
51 Enclosure 1, Officers to Governor Hunter, and enclosure No. 2, Petition to purchase. Both enclosures to the letter Governor Hunter to the Duke of Portland, 15 January 1800, HRA, Series I, Vol. 2, pp. 436–9
Chapter 11
1 http://www.lonang.com/exlibris/blackstone/bla-414.htm, accessed June 2013. Sir William Blackstone, Commentaries on the laws of England, 1765–69, Book 4, chapter 14, ‘Of Homicide’
2 Governor Hunter to the Duke of Portland, 2 January 1800, HRA, Series I, Vol. 2, pp. 401–3
3 Collins, January 1800, Vol. 2, p. 281
4 Under-Secretary Sullivan to Under-Secretary King, Downing Street, 16 December 1801, HRNSW, Vol. 4, pp. 639–40
5 Lord Hobart to Governor King, 30 January 1802, HRNSW, Vol. 4, pp. 683–9
6 Judge-Advocate Dore to Governor Hunter, 29 March 1799, HRA, Vol. 2, pp. 348–9
7 Government and General Order, 13 June 1802, HRNSW, Vol. 4, p. 788
Chapter 12
1 Evatt, H.V., Rum Rebellion: A Study of the Overthrow of Governor Bligh by John Macarthur and the New South Wales Corps, Angus & Robertson, Sydney, 1938, p. 218
2 Collins, Vol. 2, p. 281
3 Hunter to Portland, 2 January 1800, HRA, Series I, Vol. 2, p. 401
4 Collins, December 1790, Vol. 1, p. 143
5 Collins, March 1789, Vol. 1, pp. 57–8
6 Collins, May 1797, Vol. 2, p. 35
7 Statement of work executed at the different settlements during the year 1799. HRNSW, Vol. 3, p. 750
8 Noah, William, Voyage to Sydney in the ship Hillsborough 1798–1799 and a description of the Colony, Library of Australian History, Sydney, 1978, p. 70
9 Governor King to Under-Secretary King, 21 August 1801, HRNSW, Vol. 4, p. 498
Epilogue
1 Reynolds, H., Aboriginal Sovereignty, Allen & Unwin, Sydney, 1996, p. 18, where he is quoting from King, J, ‘Terra Australis: Terra Nullius aut Terra Aboriginum’, JRAHS, Vol. 72, Pt 2, October 1986, p. 76
2 Governor King to Hobart, 30 October 1802, HRNSW, Vol. 4, p. 867
3 Lord Hobart to Governor King, 30 January 1802, HRNSW, Vol. 4, pp. 683–9
4 Proclamation, 30 June 1802, HRNSW, Vol. 4, p. 795
5 Governor King to Lord Hobart, 30 October 1802, HRNSW, Vol. 4, pp. 866–77
6 Governor King to Lord Hobart, 30 October 1802, HRNSW, Vol. 4, pp. 866–77;Footnote to the proclamation, 30 June 1802, HRNSW, Vol. 4, p. 795
7 Sydney Gazette, 21 April 1805, p. 2
8 Sydney Gazette, 1 July, 1804, p. 2
9 Sydney Gazette, 12 May 1805, p. 3
10 Governor King to Earl Camden, 20 July 1805, HRA, Series I, Vol. 5, p. 497
11 Proclamation, 4 May 1816, HRA, Series I, Vol. 9, p. 141
12 Barkley-Jack, pp. 304–5.
13 Government and General Order, 22 February 1796, HRNSW, Vol. 3, pp. 25–6
14 Kercher, B., and Salter, B. (eds), The Kercher Reports: Decisions of the New South Wales Superior Courts, 1788 to 1827, The Francis Forbes Society for Australian Legal History, 2009, R. v. Lowe (1827), pp. 858–68
15 Kercher, An Unruly Child:, p. 12
16 Kercher, An Unruly Child, p. 14