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The Present Picture of New South Wales (1811) by David Dickinson Mann
page 104 of 150 (69%)
consequence of the prevalence of this practice many of the
convicts were immured continually, and thus the public was
deprived of their services; since they preferred remaining
indolently in confinement to making those complaints to the
governor, which would have led to their release, and reinstation
in their former situations of labour. Governor Hunter no sooner
made himself acquainted with the mischievous extent to which this
conduct was carried, than he published an order, in which he
prohibited every person in trade from "crediting the
servants of the crown, under the plea of their being at liberty
to imprison their persons; if such credit was given, it was to be
understood as being done at the risk of the creditor, on the good
faith he entertained of the integrity of the persons he so
entrusted, but that the public should not be deprived of the
labour of its servants for the partial accommodation of
individuals." This order was dated the 4th of October, 1798,
three years after the return of Governor Hunter to the
administration of his high and responsible office; and the
regulation was justified by the situation of the colony, and the
abuses which had sprung out of the custom. After the publication
of this order, however, I saw many persons committed to prison
for debt, whose situation, as convicts, exempted them from
incarceration; but this apparent breach of the regulation was
entirely attributable to the ignorance of the court which had
thus decided, that the person against whom their warrant was
directed, was at the time a bond-servant, and, consequently,
within the reach of this clause. Whenever a commitment of this
description came to the governor's knowledge (which was always
the case in a few days, when the report of the prisoners for debt
was delivered to him), the delinquent was immediately enlarged,
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