Swing Rioters Beneath the Southern Cross

Agricultural labourers transported to Australia after the 1830s rural riots

Pre-transportation History

190: HART, John
Born: about 1806Died:
Family Relationships:
Group:Greater East Anglia (Cambs, Hunts, Norfolk, Suffolk)
Where tried : Essex CountyNative Place: Debenham, Suffolk
Occupation: Farm labourer
Crime: Machine breaking/ demolishingSentence: 7 years
Prior Offences: 0*Hulk: 1116
Order of Loading: 8Transport: Eliza, to Van Diemens Land

Post-transportation History

*Police Number: H1200
Times charged: 5Times punished: 3
Granted Ticket of Leave: Date of Pardon: 05 Feb 1836
Type of Pardon: Free, absolute pardon
Post-sentence History:
Marriages:
Place of Death:
See also Chapter 3

Notes:

*Hulk Numbers
Four figure numbers refer to the York Hulk, others, the Leviathan.  No number means either unknown or not held in a hulk
*Police Number
This is shown when known.  In Van Diemens Land the initial letter was the first letter of the convicts surname.

This article was contributed by Mersey Branch member Julie Fitzpatrick (member 3171).

Even in civil disorder deviousness exists; the Swing Riots were no exception. The underhanded in this disturbance was the Van Diemens Land Company. A pastoral company fashioned along Dickensian organization. At its head a group of wealthy directors residing in England formed the Court, responsible for policy decisions. Its President, John PEARCE, and Vice President, Joseph CRIPPS, were both members of Parliament; Cripps was also a member of the Judiciary. Their representative in Van Diemens Land, Edward CURR, farming in unfamiliar terrain, unable to attract workers and unable to prevent the indentured workforce from absconding. There were also convicts, unlikely to escape but less likely to be willing participants in the enterprise. By 1831 clever manipulation saw the convict cohort include a disproportionate number transported for machine breaking. John HART was one such convict.

John Hart was born in Debenham in Suffolk, the son of an established and respected family who had been resident more than 40 years. He served an apprenticeship as a shoe and bootmaker with Samual Upstone and later as a journey man with William Gardam. [1] Hart left this village for employment in 1828 living with his brother in Wadhurst. [2]

It was on 7 December 1830 that Hart's world changed for ever. He was caught red handed destroying a threshing machine belonging to farmer Robert CAMPION. Within three days Hart was charged, found guilty and sentenced to 7 years transportation. [3] The aristocracy, fearful of this movement which they likened to the French Revolution, mandated speedy sentencing and transportation. While there was some sympathy for the farm labourer, there was none for any "mechanic" who became involved as it was reasoned they understood machinery and knew where to inflict the most damage [4] Hart was possibly fortunate in being sentenced as a farm labourer rather than an artisan. Mr Sergeant Bosanquet who presided over the case followed instructions. [5]

Mortified parents John and Ann Hart commenced a campaign to rescue their son. Petitions from clergy, judges, and the worthy citizens of Debenham and Wadhurst were sent to the honourable Secretary of State for the Home Department. They spoke of Hart's good conduct and peaceable demeanour. The parents claim that he was provoked to join the mob; that the quick sentencing gave them no opportunity to speak for their son. The petition concluded with the "hope that in consideration of the above circumstance your lordship may be induced to take the case".Lord MELBOURNE was not so induced. Hart was already languishing on the hulk Yorkand the merchant ship Eliza, under master John GROVE, was detained at Spithead to await the arrival "of misguided persons for taking part in the late riots". [6]

Cripps and Pearce were circling, they saw an unprecedented opportunity and sought to gain 50 skilled agricultural farm labourers, many of whom had no previous offence, trained, likely to be compliant and of equal importance, compelled to remain at Circular Head. "Men which had never before been sent in such numbers to your Colony and we trust never will be again, and consequently an opportunity of securing such labourers will never again occur." [7] While Bosanquet may have had some legal precedent for his sentencing, Vice President Cripps' judgement was based on the value of the offender to the company. Following intense lobbying in the Colonial Department, a deal was struck. A list was sent to Curr of those felons he was to acquire. None of the chosen came from Suffolk, primarily because Cripps was a judge in a neighbouring county. [8] However the list was thwarted. The commissioner of convicts in Van Diemens Land highlighted to Governor ARTHUR the unfairness of this plan to existing landholders. Two weeks before the Eliza sailed the Colonial Secretary, Goodrich, sent the list to Arthur with the proviso that Arthur should exercise his own judgement, but it would be " deemed favourable" if the Company's request was adhered to. [9]

The Eliza embarked 224 male convicts, 7 from Suffolk including John Hart, departing on 6 February 1831 arriving in Hobart on 29 May 1831. [10] Governor Arthur reported the conduct on the voyage was "most exemplary." [11] All convicts were processed in Hobart and kept below decks in quarantine while the Surgeon Superintendent prepared a dossier, dubbed Governor Arthur's black book. [12] This document was a summary of crime, behaviour and occupation. Hart was interviewed and confirmation of the accuracy of the information sought. However, the pretence of being a farm labourer was maintained. [13] Why did Hart not point out the inaccuracy? It was well known that Governor Arthur believed that convicts should be assigned according to their skills. [14] Thirty craftsmen of the Eliza were retained by Arthur for Government work. [15] Another complication had arisen, not all those on the list arrived on the Eliza. Hart was a substitute. Perhaps the occupation error was revealed when John KERR, the Hobart agent for the Van Diemens Land Company, interviewed Hart as a potential replacement; the ruse maintained to gain a specific skill. The Company did have shoemaker's facilities.

Hart was transferred, together with 24 agricultural labourers, half the desire number, to Launceston to catch the VDL cutter Fanny for Circular Head. [16] His time at Circular Head was not an easy one. He was reprimanded, lashed and fined, for offences including being away from his hut after hours, neglect of duty, disobedience of orders, drunk and entering the shoemaker's hut after hours. [17] Curr may have identified the nub of Hart's problem, he was easily manipulated with Curr sending him away from the main establishment for a short period to "isolate him from unsavoury influences". [18] Hart was implicated in a plot to mutiny, take the Company's boat and sail to South America. During the trial in February 1835 John Hart advised that he didn't know of the plan but had been asked to supply clothes, which he refused. [19]

Mid 1835 tickets of leave were mooted for many of the rioters. Curr was known to dispute the worthiness of assignees, withholding testimony or embellishing their bad behaviour, to prevent them from leaving the Company. [20] True to form in Hart's case, Curr claimed errant behaviour did not warrant such consideration. More likely, how was Curr going to find a boot and shoemaker to work in this isolated outpost? Hart received an unconditional pardon on 3 February 1836. [21] Curr kept his boot and shoemaker as Hart remained in the Company's employ for a further three years. [22] Perhaps an indication that his behaviour was not so bad.

Hart could have returned to England but instead settled in Launceston following his trade. Unconditional pardons did not offer financial assistance to return to England; the cost may have been prohibitive, or Hart may have wanted to remain within the social network established at Circular Head. Many former VDL servants were resident in Launceston. [23] Perhaps two members of this network were John CROSS, indentured servant and his wife Frances. Cross made two attempts to leave Circular Head. The first to walk to Launceston with a portable canvas boat. [24] Mere speculation, but who better to have the means to construct such an item than a bootmaker? John and Frances Cross returned to Circular Head in 1836 to complete their obligation to the VDL Company. Cross resigned in 1840 due to ill health, settling in Launceston. He passed away in June 1840 leaving Frances a widow with seven dependent children.

On 4 February 1841 in St Johns Church, Launceston, John Hart, 34, married Frances Cross, widow, aged 42. [25] The family lived in Welman Street in premises owned by Mr KING, who may have been another identity from Circular Head. [26] Hart is listed as the head of the family and a mechanic. While it was traditional to recognise the male as having the dominant role, the reality was likely not the case for Hart. James PEARCE, Frances's son-in-law, appears to have taken on this role for the entire family.

In April 1842 Frances gave birth to a daughter who they named Ann, one assumes in honour of Hart's mother. [27] The joy is short lived with the baby dying from water on the brain in March 1843. [28] They are now residing in Pearce's property, Pearce and family having moved to Lymington (renamed Nile) in the district of Morven. [29]

In late 1847, the Harts also moved to Lymington into a house again owned by James Pearce. Hart maintained a low profile, he continued in his trade, Frances being known as the wife of a shoemaker.

There is little to be said of Hart until the arrival of the TERRY convicts, Frances's brother and two nephews. The Terrys, believed to be innocent bystanders, were transported for rape. After the appropriate time in probation, they were conveniently assigned to William ARCHER of Brickendon. In March 1851 the Terrys were transferred to family members. Richard TERRY, bullock driver, Frances's brother, is assigned to John Hart, shoemaker, for 12 months. [30] The logic of a bullock driver assisting a shoemaker is obscure but must have been of great comfort to Frances. Sadly, Frances Hart passed away on 20 January 1852. [31]

John Hart honours the 12-month agreement before Richard Terry is transferred to James Pearce. Perhaps there was no longer a place in the family, if there ever was, maybe all the Circular Head connections had gone, maybe it was the lure of gold. Whatever the circumstance John Hart on 20 August 1852 took passage on the Yarra Yarra bound for Melbourne. [32] There is no further verifiable information on this John Hart.



[1] National Archives Petition for Mercy 1784 - 1830 statement by Samual Upstone and William Gardam.

[2] National Archives Petition for Mercy 1784 - 1830 John and Ann Hart.

[3] Berkshire Chronical Sat 18 December 1830, Vol 6 Issue 306 p4.

[4] Bruce Brown, Thesis, The Machine Breaker Convicts of the Proteus and the Eliza , p49.

[5] Berkshire Chronical, 18 December 1830, Vol 6 Issue 306 p4.

[6] Sharman, Swing Rioters Beneath the Southern Cross; Southampton Herald Vol 8 Issue 391 Saturday 15 January 1831.

[7] AOT VDL Papers reel 193 Directors to Curr 1833.

[8] George Rude, " Captain Swing" and Van Diemens Land A paper read at the annual general meeting of the association on 6 February 1963, p16.

[9] Brown, The Machine Breaker Convict"Despatch no 7, 24 January 1831, Goderich to Arthur, GO 1/13.

[10] George Rude," Captain Swing" and Van Diemens Land, p10.

[11] George Rude, " Captain Swing" and Van Diemens Land p12.

[12] P.R. Eldershaw, Public Records of Tasmania, Convict Department, p8.

[13] AOT John Hart Convict Record Con 18-1-6 p22.

[14] Alison Alexander, Tasmania's Convicts How Felons built a society, p23.

[15] Rude, " Captain Swing" and Van Diemens Land, p14.

[16] Rude "Captain Swing" and Van Diemens Land, p14

[17] AOT John Hart Convict Record Con 18-1-6 p22.

[18] AOT VDL Papers Reel 23/5 p348.

[19] Van Diemens Land 1821 -1862 Original Accounts from Frontier Tasmania, Manuscript 3251 p60.

[20] Jennifer Duxbury, Colonial Servitude, Indentured and Assigned Servants of the Van Diemens Land Company 1825-41 , p22.

[21] Convict record John Hart; Free Pardon N0 217, 3 rd February 1836. George Rude, Captain Swing and Van Diemens Land, p18.

[22] Brown , The Machine Breaker Convict from the Porteous and the Eliza, p136.

[23] Janet McCalman, Vandemonians - the repressed History of colonial Victoria p6.

[24] AOT VDL Papers Curr to Court p313 Despatch No 214.

[25] AOT RGD Marriages in the District of Launceston 37-1-2 No 1116.

[26] AOT 1842 Census Cen 1-1-26 1842; King was the name of the Company Bailiff.

[27] AOT Births in the District of Launceston RGD 32-1-23 p691.

[28] AOT Deaths in the District of Launceston RGD 35-1-16 p65.

[29] Cen 1-1-65-227A 1843 Census. There were two towns in Van Diemens Land called Lymington. The northern town underwent several name changes to alleviate confusion, Nile Bridge and finally Nile.

[30] AOT Convict Record Richard Terry elder Con 35-1-83 p202.

[31] AOT Deaths in the District of Morven RGD 35-1-21 p36.

[32] AOT POL 220/1/2 p115.

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