33054-001816

[top right of first page] 351

[top of left margin] 32/7241 - 28th September 1832

[written in varied calligraphic styles, on one-and-a-half attached pages]

To His Excellency Major General R. Bourke,

Captain General, Governor & Commander in Chief

in and over H.M. Territory of New South Wales,

and its Dependencies, ... &c. ... &c. ... &c.

[centred] =================

The Memorial of

Elizabeth Forbes, [underlined] (Daughter), and

James Underwood, [underlined] (Brother) in law of

[underlined] (Sarah Payne), a Prisoner at "Moreton

Bay," under a [underlined] (Colonial Sentence).

Respectfully Sheweth

That Your Memorialists beg leave to solicit Your Excellency in the behalf of an unfortunate Relative, trusting Your Excellency will perform an act of Benevolence on perusing the recital of the case of the Individual alluded to.

In Dec'r [obscured by join in the pages] 182[...], Sarah Payne was tried by the Supreme Court for having in her possession several Notes belonging to the "Bank of Australia," was convicted thereof, admitted to trifling Bail by the Judge who presided at the Bench, and after the lapse of a month was called upon for Judgment, which was 7 years' Transportation; shortly after which she was sent to the Penal Settlement of "Moreton Bay," where she has continued conducting herself with strict propriety to this date. ~ That some months past, Sarah Payne caused a Petition to be sent to Your Excellency for a Remission of Sentence, to which one of Your Memorialists received an answer, stating, her case would at a future time be taken into consideration.

That in the said Petition Sarah Payne was recommended by the undermentioned respectable Individuals,

The Hon'ble R. Campbell

... "...." ........ R. Jones ....... } Members of Council

Thomas Macvitie Esq're ... Man'g Director &

George Bunn

W. J. Browne

C. Wolstonecraft

A. B. Spark &

James Norton ........ } Esquires, Directors of the Bank of Australia

W.H. Moore Esq're ... the Act'g Att'y General who prosecuted

The Rev'd S. Marsden ... Senior Chaplain

H. S. Cowper Esq're ... Surgeon of Moreton Bay

Mrs Logan ... Widow of the late Capt'n Logan Comm'dt of D'o

Your Memorialists beg to remind Your Excellency that in the autograph recommendation of Capt'n Bunn, it was stated Sarah Payne acted under the influence of a "[underlined] (bad Husband)", which influence was not limited to that arising

[on right] from

[written sideways, in left margin]

The Residue of this Sentence to be remitted

Sept'r 27th 1832 ... [initials] RB

____________

[in another marginal hand]

Capt'n Clunie 6 October 1832

Mr Hely ....... 9 ........ ditto

Pardon prepared

......... 11 March '32

[top left] 352

from [underlined] "(conjugal affection)," but extended to the coercive power of [underlined] "(conjugal authority)," a fact notorious to the community at large: – it is also well known, that when she married Mr Payne, she was a woman possessed of considerable Property which was squandered away by him, and altho' a Wife, acting under the authority of her Husband, is responsible to the Law for any conduct which [underlined] (it) might have adjudged to be criminal, yet Your Memorialists are encouraged to hope Your Excellency will consider the [underlined] (Moral Delinquency) of the unfortunate person in whose behalf Your Memorialists make this application, materially diminished by the domestic Vassalage of which she has been the sacrificed Victim.

That one of Your Memorialists ("Elizabeth Forbes") is a Native of the Colony, a Mother of 2 children and [underlined] (Widow) of the late Capt'n Forbes.

Your Memorialists therefore are induced very respectfully to solicit Your Excellency will be pleased to take the case of Sarah Payne into Your benevolent consideration, and allow her to be [underlined] (assigned) to either of your Memorialists.

And Your Memorialists as in duty bound will Pray.

Underwood's Distillery,

1st August, 1832. } .....................................

[in another hand]

We the undersigned, from our knowledge of Sarah Payne, her former character and circumstances in the Colony, together with our impression of the Sacrifice she fell a victim to in the case for which she is now suffering, Respectfully beg leave to recommend her and the Prayer of the Memorialists to Your Excellency's benevolent consideration.

[blank]

[in first writer's hand]

Recommended to the favorable Consideration of his Excellency the Governor, by

[signed, on right] Tho's Macvitie -

[on attached piece of paper, on left, below] 794

[top right] 269

I beg to recommend this Memorial to the favorable consideration of His Excellency the Governor

[signed, on right]

Rob't Campbell

A.B. Spark

Geo. Bunn -

J Norton

J.E Manning

TH Wentworth

James Laidley

John A. Moore

Richard Jones

Thos. Walker

P: Gardner

R. Therry

Alex'r Berry

William Cordeaux

F: Rossi J.P. P. Sup't of Police

Jas. Chisholm

Samuel Marsden ... Senior Chaplain

J. Harris

S.R. Perry

Thos. Arnold ... [...]

[written on an attached piece of paper, on left]

[top right] 365

[centred] 32/7241

[on right]

Moreton Bay 31st August

......... [underlined] (1832)

My dear Sir

In reply to your note of this day, I have great pleasure in stating that I am still ready to bear testimony to Mrs Payne's general good conduct while at Moreton Bay, and shall be happy to find that the intercession now making in her favor is attended with a favorable result.

I am,

My dear Sir,

Yours Very faithfully

[signed] J.O. Clunie