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The 63rd Regiment of Foot

(West Suffolk)

In Australia 1829 – 1833

(A Work in Progress)

PO Box 204

Margate Beach. Queensland 4019.

Australia

The 63rd Regiment of Foot

(West Suffolk)

In Australia 1829 – 1833

CONTENTS

Section Page

Introduction

1 The 63rd Regiment’s Record

2 The British Army and the situation in Van

Diemens Land

3 The Movement of the 63rd to New South Wales

4 Order of Battle and Personnel

5 Arms and Equipment

6 Garrison Duties

7 The “Black War”

8 No 2 Company in West Australia

9 Departure for India

Appendix “A” Brief History of 63rd Regiment of Foot

1758 – 1881

Appendix “B” Regimental Muster Roll

Appendix “C” Bibliography

INTRODUCTION

My father, Dr Henry Edmund Douglas Flack, told me that his Great Grandfather “Billy Flack” had served in the British Army most of his life and that he had served “on garrison duties in Van Diemen’s Land in the 1830s.” Interested in both military and family history, I searched the local library for information about the British Army in Australia and the nature of the garrison duties that my father had mentioned. When I began this research in the early 1980s, I could find little on these subjects. Most of

Australian history it seems has been written from the point of view of the early settlers and the very significant contribution of the British armed forces to the establishment and early development of the Australian colonies has largely been ignored. My research confirmed the family oral tradition of Billy Flack’s service in Van Diemen’s Land and added some of the details about the nature of the garrison

duties in which he took part.

Private William Charles FLACK enlisted in the 63rd Regiment of Foot in London in September 1831 aged twenty years. He had the briefest of training at the Regiment depot at Chatham before being drafted as a guard aboard a convict ship “Isabella” bound for New South Wales in October that same year. The vessel arrived in Sydney on 15 March and continued to Hobart Town, arriving 29th March 1832.

Interestingly, Private James FLACK (not closely related) had enlisted four years earlier in the same Regiment and had sailed aboard ‘HMS Sulphur’ in 1829 bound for the newly established settlement at Swan River on the west coast of Western Australia.

Private ‘Billy’ FLACK and Private James FLACK left Australia with the Regiment, bound for Madras India, in February 1833. Pte ‘Billy’ William Charles Flack was serve 21 years with the 63rd Regiment of Foot (West Suffolk Regiment) rising to the rank of Sergeant Major, before transferring to the 5th Royal Lancashire Militia and rising to the rank of Captain before retiring with almost 40 years in the British Army.

This short history is the result of the author’s efforts to collect details of the service in New South Wales and Swan River of the 63rd. Regiment of Foot and of the officers and men who served with the Regiment. It is hoped that this brief account will be of interest in military historians, as well as those interested in family history.

The 63rd Regiment’s Record

Upon arrival in New South Wales the 63rd Regiment of Foot would have been considered by the other Military units stationed in NSW as an ‘unfashionable’ Regiment. The British Army in 1829 was still very much Wellington’s Army and the merits of individual regiments were often judged on their conduct in the great continental battles of the Napoleonic Wars. By contrast, the 63rd had spent most of this time in the West Indies where it had nevertheless, performed meritorious service against determined French garrisons.

(A detailed summary of the history of the 63rd Regiment of Foot is included at Appendix ‘A’)

From 1820 – 1826, the 63rd Regiment of Foot was stationed in Ireland. In 1826, the corps was stationed at Windsor where the officer commanding, Major Thomas Fairtlough (not to be confused with Major J. W. Fairtlough, later Lt. Col Fairtlough, who was subsequently to command the 63rd Regiment temporarily in Van Diemen’s Land) died. A monument commemorating his death can still be seen in St George’s Chapel at Windsor. In February 1826 the Regiment had received a warning order that it would shortly leave for New South Wales, but tensions between Spain and Portugal caused the War Office to change its’ mind.

In December that year the Regiment left Portsmouth aboard H.M.S “Melville”, “Gloucester” and “Warspite” bound for Lisbon, Portugal. On 1st January 1827 the Regiment took up quarters at the Convent de Grazer under the command of Sir William Clinton, K.C.B. The mission of the Regiment was described as “part of the army of occupation”1, and “took part in raid in Portugal”2. In April 1828 the Regiment returned to England and the following year proceeded to New South Wales.

Lt. Col. E. Bourke, who had commanded the Regiment in Portugal, relinquished command prior to embarkation, and Lt. Col. J. Logan took over as Officer commanding.

1 Badges Mottoes and Badges of the British Army, by H.M. Chichester and G. Burgess, pub 1895.

2 History of the late 63rd (West Suffolk) Regiment, by May J Slack, pub 1884

The British Army and the Situation in Tasmania

The 63rd Regiment of Foot was typical of the Line Regiments of Foot of the period. In the British Army little had changed in the fifteen years since the Napoleonic wars. However, these fifteen years had been years of neglect and cuts in expenditure. The British Army of 1828 was a far cry from Wellington’s victorious army. First, the grim economic climate of the post-war years had meant that the traditional source of recruits, the young men from the small farms of England, had been severely depleted. The Poor Laws, the Corn Laws and the introduction of mechanisation in farm machinery meant that there had been a massive migration to the cities. The traditional recruit from the countryside was replaced by the product of the slums. The army itself was badly administered during this period. Treasury officials saw their

sole task as saving money.

Food, clothing, accommodating and equipment were all under extremely tight budgetary control. At a time when the Australian Colonies were expanding rapidly, the British Government was keen to cut or a least hold the cost of maintaining the Army in New South Wales.

In 1825 the British Army numbered about one hundred and twenty thousand men. About fifteen thousand were on the European continent or in the former French colonies. About thirty-five thousand were in Ireland, another thirty-five thousand were in India and about twenty thousand formed the home garrison. The rest were scattered in small garrisons or detachments around the world, notably in Canada,

South Africa and Australia.

Upon arrival in New South Wales in 1829, there were three other Regiments in the colony; the 40th Regiment (2nd Somersetshire) Regiment, who were to be replaced by the 63rd; the 57th Regiment (West Middlesex) and the 39th (Dorsetshire) Regiment.

The military establishment towards the end of the 63rd Regiment’s tour of duty in Australia in late 1832 was as shown in the following table:

Commanding the Forces in NSW

Location

His Excellency Major General Richard Bourke,

C.B.

Sydney

Major of Brigade

Lt. Col. Snodgrass, C.B., H.P. Sydney

Regimental Commanders

Lt. Col. J.K. Mackenzie – 4th Regiment of Foot

(Kings Own)

HQ Parramatta

Elements at Parramatta

Norfolk Island

Cox’s River

Emu Plains

Windsor

Port Macquarie

Newcastle

Liverpool

Detachment – Mounted Police

Lt. Col. H. Despand – 17th Regiment of Foot

(Leicestershire)

HQ Sydney

Elements at Sydney

Moreton Bay

Bathurst

Port Stevens

Maitland

Detachment – Mounted Police

Lt. Col. J. Logan – 63rd Regiment of Foot (West

Suffolk)

HQ Hobart

Elements at Hobart

King George Sound

Swan River

Mounted Police

Commander Capt. T. Williams, 4th Regiment of

Foot

HQ Sydney

The military situation in Van Diemen’s Land on arrival was critical, and Lieutenant- Governor Sir George Arthur, in a letter to Governor Darling in Sydney dated 18th November 1829, outlined those difficulties. He thanked Darling for delaying the departure of the 40th Regiment and explained that the danger from aboriginals and bushrangers was intense, with atrocities against outlying settlements and stock runs almost daily occurrences. Arthur continued by asking that the Depot Companies of the 63rd be sent on (from Sydney), and that 2nd Company detached at Swan River be relieved by additional troops from the “Cape” or the “Isle of France” (so that the full Regiment could take over from the 40th without a reduction in overall numbers).

He concludes:

“I wish it were in my power to state that the animosity of these savages

was abated and that, with a prudent regard for the public safety, a

diminution of the force was practicable.”3

Several attempts had been made by Governor Arthur to try to stop the guerrilla war between the settlers and the blacks. As far back as January 1810, Colonel David Collins, the then Lieutenant-Governor, had issued a general order warning settlers that murder of the natives would be treated as murder, and the full weight of the law would be brought to bear on any who should be convicted. In June 1824, Arthur had issued a similar proclamation, warning those that continued to mistreat the blacks. He said simply that natives were to be considered as under the protection of the British Government, and protected by the same laws that protected the settlers.

The ‘war’ however escalated, and by April 1828 violence between the settlers and blacks occurred daily. The newspapers were full of terrible stories of farmers, women and children speared to death. On 15th April, Lt. Governor Arthur issued a further proclamation, in which he proposed to create a series of reserves where the aboriginals would be encouraged and, if necessary, forced to go and into which

areas the white population would not be permitted. However, the nomadic nature of the tribes made such a plan unworkable and the violence continued. Finally, on 1st November 1828 the Lt. Governor declared martial law.

(a) “Proclamation – Whereas, at and since the primary settlement of this Colony, various acts of

aggression, violence and cruelty have been, from different causes, committed on the

Aboriginal Inhabitants of the island by subjects of His Majesty.

And Whereas, for the preventing and punishing of such sanguinary and wicked practices,

it was, by a certain General Order, made by Colonel David Collings, then Lieutenant

Governor of this Island and its dependencies, at Government House, Hobart Town, on

the 28th day of January 1810, declared, “That any person whosoever, who should offer

violence to a native, or should, in cold blood, murder, or cause any of them to be

murdered, should, on proof being made of the same, be dealt with, and proceeded

against, as if such violence had been offered, or murder committed, on a civilised

person.” And, it was also, by a certain Proclamation, made and issued by me, as such

3 Despatch from Governor of Tasmania to R. Darling, 1829, 1205 p 888 CY Reel 538, Mitchell Library.

Lieutenant Governor, as aforesaid, at Government House, Hobart Town, on the 29th of

June 1824, - after reciting the command of His Majesty’s Government, and the injunction

of His Excellency the Governor-in-Chief, that the Natives of this Colony and its

dependencies, should be considered as under British Government and protection,

declared, that every violation of the laws, in the persons or property of the Natives, should

be visited with the same punishment, as if committed on the person or property of any

settler; and all Magistrates and Peace Officers, and others, His Majesty’s subjects in this

Colony, were thereby strictly required to observe and enforce the provisions of that

Proclamation.

And Whereas, the Aborigines did not only defend themselves, and retaliate on the

offenders; but did also, subsequently to the Order and Proclamation aforesaid, and notwithstanding

the recital, declarations, and requisitions mentioned, perpetrate frequent

unprovoked outrages on the persons and property of the settlers in this Island, and their

servants being British subjects; and did indulge in the repeated commission of wanton

and barbarous murders, and other crimes; for the repression of which, as also for the

prevention of further offences by either of the said parties, instructions, directions, and

injunctions, were promulgated for general information, and for the especial guidance of

the Civil Authorities, and the Military forces, by the Government Notices of the 29th

November 1826, and 29th November 1827, respectively.

And Whereas, those several measures have proved ineffectual to their objects, and the

persons employed in the interior of this Island, as shepherds and stock-keepers, or on the

coast, as sealers, do still, as is represented, occasionally attack and injure the Aboriginal

Natives without any authority; and the Aborigines have, during a considerable period of

time, evinced, and are daily evincing, a growing spirit of hatred, outrage and enmity

against the subjects of His Majesty, resident in this Colony, and are putting in practice

modes of hostility, indicating gradual though slow advances in art, system, and method,

and utterly inconsistent with the peaceable pursuits of civilised society, the most

necessary arts of human subsistence, or the secure enjoyment of human life.

And whereas, on the one hand, the security and safety of all who have entrusted

themselves to the country on the faith of British protection, are imperatively required by

the plainest principle of justice; and on the other hand, humanity and natural equity,

equally enforce the duty of protecting and civilising the Aboriginal inhabitants.

And Whereas, the Aborigines wander over extensive tracts of country without cultivating,

or permanently occupying any portion of it, making continual predatory incursions on its

settled districts, a state of living, alike hostile to the safety of the settlers, and to the

amelioration of their own habits, character and condition.

And Whereas, for the purpose of protecting all classes and orders of persons in this

Island and its dependencies; - of bringing to an end, and preventing the criminal and

iniquitous practices hereinbefore described, by whomsoever committed; or preserving,

instructing, and civilising the Aborigines – and of leading them to habits of labour, industry

and settled life; - it is expedient, by a Legislative Enactment, or a permanent nature, to

regulate and restrict the intercourse between the white and coloured inhabitants of this

Colony and to allot and design certain specified tracts of land to the latter, for their

exclusive benefit and continued occupation.

And Whereas, with a view to the attainment of those ends, a negotiation with certain

chiefs of aboriginal tribes has been planned; but some prompt and temporary measure is

instantly called for, not merely to arrest the march, but entirely cut off the causes and

occasions of plunder and crime, and to save the further waste of property and blood; and

it is therefore become indispensably necessary to bring about a temporary separation of

the coloured from the British population of this territory, and that therefore the coloured

inhabitants should be induced by peaceful means to depart, or should otherwise be

expelled by force from all the settled districts therein.

Now, therefore, I, the Lieutenant Governor aforesaid, in pursuance and in exercise of the

powers and authorities in me vested in this behalf, do hereby notify, that for the purpose

of effecting the separation required, a line of military posts will be forthwith stationed and

established along the confines of the settled districts, within which the aborigines shall not

and may not until further order made, penetrate, in any manner, or for any purpose, save

as hereinafter specially permitted. And I do hereby strictly command, and order all

aborigines immediately to retire, and depart from and for no reason, or on no pretence,

save as hereafter provided, to re-enter such settled districts, or any portion of land

cultivated, and occupied by any person whomsoever, under the authority of His Majesty’s

Government, on pain of forcible expulsion there from, and such consequences as may be

necessarily attended on it.

And I do hereby direct and require all magistrates and other persons by them authorised

and deputed to conform themselves to the directions and instructions of this my

Proclamation, in effecting the retirement or expulsion of the aborigines from the settled

districts of this territory. And I do further authorise and command all other persons

whomsoever, His Majesty’s civil subjects in this Colony, to obey the directions of the civil,

and to aid and assist the military power (to whom special orders adapted to situations and

circumstances will be given) in furtherance of the provisions thereof, and to resort to

whatever means, a severe and inevitable necessity may dictate and require for carrying

the same into execution; subject, however, to the following rules, instructions, restrictions

and conditions:

1st – Lands, the property of the Crown, and unlocated or adjoining remote and scattered

stock-huts, are not to be deemed settled districts, or portions of land cultivated or

occupied, within the meaning of this Proclamation.

2nd – All practicable methods are to be employed for communicating and making known

the provisions of this Proclamation to the aborigines, and they are to be persuaded to

retire beyond the prescribed limits, if that be possible.

3rd – On failure of the expedient last mentioned, capture of their persons, without force, is

to be attempted, and if effected, the prisoners are to be treated with the utmost humanity

and compassion.

4th – Whenever force cannot be avoided, it is to be resorted to, and employed with the

greatest caution and forbearance.

5th – Nothing herein contained, shall authorise, or be taken to authorise, any settler or

settlers, stock-keeper or stock-keepers, sealer or sealers, to make use of force (except

for necessary self-defence) against any aboriginal, without the presence and direction of

a magistrate, military officer, or other person of respectability named and deputed to this

service by a magistrate; of which class, a numerous body will be appointed in each

district – and any unauthorised act of aggression or violence, committed on the person or

property of an aboriginal shall be punished as hereinbefore declared: and all aborigines

are hereby invited and exhorted to inform and complain to some constituted authority, of

any such misconduct or ill-treatment, in order to its coercion and punishment.

6th – Nothing herein contained shall prevent the aborigines from travelling annually,

(according to their customs), until their habits shall have been rendered more regular and

settled, through the cultivated or occupied parts of the island to the sea coast, in quest of

shell-fish for sustenance, on condition of their respective leaders being provided with a

general passport under my hand and seal, arrangements for which, form a part of the

intended negotiation.

George Arthur.”

This, then, was the situation in Van Diemen’s Land into which the newly arrived 63rd

Regiment of Foot was committed.

The Movement of the 63rd Regiment to New South Wales

Having received a warning order to make preparations for movement to New South Wales, the 63rd Regiment began by sending an advance party from the Regimental Depot at Chalthan. It seems likely that this advance party had already sailed for New South Wales before the return of the rest of the Regiment from it short tour of duty in Portugal in April 1828. A summary of the details available on the movement of the 63rd to New South Wales as guard detachment – aboard various convict

transports appears on Table 1.

There is little doubt that detachments arrived aboard other convict transports not listed in Table 1, and that many would have disembarked in Sydney. A significant number must have arrived in Sydney by January 1829 since a notice placed by the Commissariat office in the Sydney Gazette dated 20th January 1829 sought private tenders for the conveyance to Hobart of these detachments, their families and baggage. Towards the end of May that year, the transport “Alice”, with Commissary Maddox and his son, Lt. Erskine and a part of 56 other ranks, 10 women and 12 children, sailed for Hobart. There must have been several such trans-shipments, as many small detachments arrived in Sydney aboard the convict transports.

From September 1828 to February 1830 a varying number of officers and men of the 63rd would have spend some time in Sydney awaiting onwards movement to Hobart. It seems likely that these troops would have been put to good use by the Government of New South Wales. Since there was a full establishment of troops in Sydney during this period and some accommodation shortages for the units posted to Sydney had already been mentioned, it seems that these ‘drafts’ awaiting transhipment to Hobart would have been encamped in and around Sydney and Parramatta. ‘Lancer Barracks, Parramatta’ is mentioned in regimental records as having been home to the 63rd at one time during the Regiment’s stay in NSW.

Meanwhile in England, part of 2 Company was detached from the Regimental Depot in Chatham and directed to join HMS Sulphur at Portsmouth for duty as Marines. On 8th February, HMS Sulphur, under command of Capt. W. T. Dance sailed for Swan River on the West Coast of New Holland, in company with HMS Challenge under Capt. Fremantle. Having arrived at Swan River on 2nd May 1829, they were joined 13 in June 1829 by Lt. Governor Stirling, a party of settlers, and the remainder of No. 2 Company aboard ‘Parmelia’, to form the new colony.

Lord Fitzroy Somerset to Under Secretary Twiss, Horse Guards, 24/1/1828

Having submitted to the General Commander in Chief your letter of 23rd inst. I am directed to acquaint

you that immediate orders have been given to limit the Detachment of 63rd Regiment to one hundred

and that accordingly it will consists of:

One Captain, one Lieutenant, two Ensigns, one Assistant Surgeon, three Sergeants, three

Corporals, one Bugler, fifty-six Privates and thirty-two women and children.

As soon as you shall notify me of the day on which it is desired that the troops shall embark, the

necessary orders will be given. The names of the Officers are:

Capt. F. C. Irwin (Commanding)

Lieut. William Pedder

Ensign Donald Hume MacLeod

Ensign Robert Dale

They have no families requiring accommodation’; but the Medical Officer attached to the Detachment,

Assistant Surgeon Tully Davy, has a family consisting of five ladies, for whom passages should be

found.

I have, etc.,

Fitzroy Somerset

PS By information obtained from the Navy Office it is understood that two or three vessels are fitting

out in the River for the New Settlement, in one or other of which Assistant Surgeon Davy and his

family might be allowed to take passage.

F.R.S.4

Because of the limitations imposed by the size of the available convict ships to carry bodies of troops, and the long delays between receiving orders and arrival of suitable ships and weather to enable the execution of these orders, most movements could only be accomplished over many months. It seems to have been normal then for delays of as much as 18 months between the receipt of orders to move to New South Wales and the arrival of the main body of the Regiment.

4 Historical Records of Australia. Series III, Vol. 6 page 599 and 600

The 63rd received its final orders in April 1828 but the Regimental Headquarters did not arrive in Hobart until March 1930. The tour of duty of Regiments in Australia should therefore be seen as a continuing stream of movements over many months rather than a simple date of arrival and date of departure.

The following table provides an outline of the sequence of movements by ship of the 63rd Regiment of

Foot to Australia.

Table 2 Sequence of Movements of 63rd Regiment of Foot

Date of

Event

Detail of Movement

Information

Source

1828

9 May

Order to proceed in detachments to NSW

Wylly

14 May HQ of Regiment disembarks from Portugal

20 May Small advance party already left for NSW Wylly

21 May Regiment marched to Chatham

21 May Lt Col Bourke and Detachment of 63rd departs

for NSW in “Melville”

Slack

8 Sept Convict ship “Countess of Harcourt” arrives

Sydney with Detachment of 63rd Major W.

Harrison sailed 3 May 1928 London

Sydney Gazette

1829

16 Jan

Convict ship “Governor Ready” arrives Sydney

with Detachment of 63rd

Sydney Gazette

17 Jan Convict ship “Vittoria” arrives Sydney with

Detachment of 63rd

Sydney Gazette

17 Jan Convict ship “Roslyn Castle” arrives Hobart with

Detachment of 63rd

Sydney Gazette

20 Jan Convict ship “Wave” arrives Hobart with

Detachment of 63rd

Sydney Gazette

8 Feb HMS Sulphur sailed from England for Swan

River with Detachment of 63rd

Admiralty

25 Mar Convict ship “Governor Ready” arrives Hobart

with Detachment of 63rd

Colonial Times

26 Mar Convict ship “Ferguson” arrives Sydney with

Detachment of 63rd

Sydney Gazette

26 Mar Convict ship “Lang” arrives Hobart with

Detachment of 63rd

Colonial Times

17 Apr Convict ship “Tigress” arrives Hobart with

Detachment of 63rd

Colonial Times

2 May HMS Sulphur arrives Perth with Detachment of

63rd (2 Coy)

30 May Transport “Alice” departs Sydney for Hobart with

2 officers, 56 men of 63rd and 22 members of

their families (arrives Hobart 19 June)

Colonial Times

Jun “Parmelia” arrives Perth with Detachment of

63rd (2 Coy)

Various

5 June Ship “Georgia” departs Hobart for Sydney with

Capt. Wentworth and Lady of 63rd on

‘Government business’

Colonial Times

14 Oct Regimental headquarters leaves Portsmouth

England aboard “Catherine Stewart Forbes” for

NSW

Wylly

1830

18 Feb

“Catherine Stewart Forbes” arrives Sydney

Burgess

22 Mar Headquarters arrives in Hobart Wylly

Order of Battle and Personnel

Before departure for New South Wales, the 63rd Regiment would have been brought up to full strength by recruiting and transfers from other Regiments. Conditions for the other ranks in the depot barracks in Chatham were atrocious, and the prospects of a voyage to New South Wales and of adventure at the other end of the world would have lured many to join the 63rd.

It appears that with the earlier departure of No. 2 Company with H.M.S. Sulphur expedition to Swan River, an additional two companies were added to the normal eight-company structure. Several additional personnel were also added to the Regimental Headquarters staff, including a School Master Sergeant, a civilian paymaster and an additional Commissary.

It was to take more than a year for the Regiment to finally muster its’ full strength in Van Diemen’s Land and the first full Pay List dated 25th March 1830, indicates that the Regiment consisted of ten companies, nine in Van Diemen’s Land and one in Swan River. Each Company had two subdivisions or platoons designated the ‘Right’ and ‘Left’ of each Company. The muster rolls show that there were:

Majors 2

Captains 9

Lieutenants 12

Ensigns 8

Staff 6

Sergeants 41

Corporals 37

Privates 644

Drummers 15

LT. COL. JAMES WILLIAM FAIRTLOUGH

On 25th March 1830, the Regiment was deployed as shown on Table 2.

As indicated, the structure appears to have been based on ten companies as

follows:

Colonel of Regiment Col. W. Dyott (in England)

Commanding Officer Lt. Col. Joseph Logan (arrived 22 March 1830)

Executive Officer Major Sholto Douglas

Company Commanders No 1 – Capt J Briggs

No 2 – Capt F C Irwin

No 3 – Capt P Baylee

No 4 – Lt T Grove

No 5 – Capt J Mahon

No 6 – Capt D Wentworth

No 7 – Lt F Aubin

No 8 – Capt M Vickery

No 9 – Lt J Gibbons

No 10 – Capt R Fry

Depot Company Capt W Wilson *

Sub-Division Commanders Lt W M Carew

Lt A Erskine

Lt R Lane

Lt H Crowley

Lt C Dexter

Lt H W Barrow

Lt W Pedder

Depot Company Lt Alt

Ensigns A C Pole

W T N Champ*

D M C Stockman

W J Darling

J P Jones

D H MacLeod

R Dale

R.S.M. Sgt Maj Henry Mayne

Headquarters Staff:

- Paymaster H P Forster

- Paymaster’s Clerk Sgt W Thomas

- Adjutant T Montgomery

Quartermaster R Cust

Q.M. Sergeant James Kene

Surgeon W Bohen

Assistant Surgeon J J Russell*

Assistant Surgeon T Davey

Hospital Sergeant Charles McCarthy

Schoolmaster Sergeant Daniel Shaw

Armorer Sergeant William Morris

Drum Sergeant Major Samuel Bowyer

Because the Detachment in Western Australia was so far removed from any other settlement and indeed helping to forge a new settlement, No 2 Company appears to have been above establishment in a number of ways. On 30th January 1830, in a “Supplementary List of Persons no listed in the General Muster Book” for the settlement at Perth, Mr P Brown, Secretary to the Government, reported that there were:

“64 officers and men

22 women

19 children comprising the Detachment of the 63rd Regiment.”

In letters between Lord Fitzroy Somerset and the Navy commissioners during December 1828, special arrangements were made to draft married soldiers from the 63rd to take part in the expedition to the West. Normally army regulations limited the number of wives accompanying their husbands’ Regiments to six wives to every 100 men.

In addition to the normal establishment, No 2 Company was assigned its own Medical Officer, Assistant Surgeon Tull Davy, who was accompanied by his three daughters, aboard “Parmelia”. A summary of what is known of the officers of 63rd Regiment appears in Appendix B.

Arms and Equipment

Arms

With the exception of Light Infantry and Rifle Regiments, the India Pattern Musket known as the Brown Bess, was the regulation musket for the Infantry of the Line stationed in the colonies in the 1820’s and 1830’s until the advent of the Patern 1839 and 1842 musket. The India Pattern Brown Bess was a .75 smooth bore flintlock weapon with a 39” barrel. It was fitted with three ramrod pipes and was fitted with a

triangular socket bayonet.

(“Australian Service Longarms” by Ian D Skennerton)

Since this is the weapon with which the 63rd Regiment was equipped it is appropriate to briefly examine its characteristics. Essentially, the Brown Bess Flintlock was only truly effective as an infantry weapon when used in volleys with a number of men or ranks firing in disciplined volley fire. The procedure for firing was as follows: the soldier took a cartridge from his pouch, (the British Army pouch contained 60) bit off its end and poured a small quantity of the powder from it into the pan over the touch hole. He then rammed the cartridge – which contained the bullet as well as the gunpowder – down the bore of the musket with his ramrod, cocked the lock and was ready to fire.

The effectiveness of a single shot can be summarised by stating that the effective range was between 100 and 200 yards and its bullet followed a trajectory that became excessively curved and erratic at all but very short range. W.W. Greener, in his book entitled “The Gun and Its’ Development” states that the bullet dropped five feet vertically over a distance of 120 yards from the muzzle.

As a result of these characteristics, the India Pattern Brown Bess was just possible for a good marksman to hit a man at 100 yards, a volley could be fired with some chance of obtaining hits on a body of troops at 200 yards, but at 300 yards the volley would be completely ineffective and the bullet no longer lethal. Equipment

Since there does not appear to be any prints or drawings available of members of the 63rd Regiment during the period 1825 to 1835, it is possible only to make deductions from the available information and from the records of other infantry of the Line Regiments as to their dress, arms and equipment whilst in Australia. A composite sketch of a private soldier as he would have been dressed in 1830 appears

Field Dress of a private soldier of the 63rd Regiment of Foot circ.1830.

63rd Regiment of Foot, Levee Dress circa 1826

Infamous “Trotter Pack” carried by the soldiers

of the 63rd Regiment of Foot circa 1830

Cartridge pouch carried by soldiers of the 63rd Regiment of Foot, circa 1830

Essentially, there was little change in the dress, arms and equipment of the British Regiments of Foot from the end of the Napoleonic Wars to the Crimea War in the 1850’s. The 63rd then, would probably have arrived in Australia dressed as follows:

Waterloo pattern shako. A cylindrical, flat-topped black cap of felt fitted with a false front and small peak. There would have been a seven inch plume fitted to the left side and plaited cord draped across the front. The shako plate would have been an eight-pointed star topped with the Imperial Crown with the number 63 at its’ centre. (In 1829 and new “Bell” style shako was introduced, made from japanned leather with a small peak, it was fitted at front with a central plume. It is possible that the

63rd was re-equipped after their arrival in New South Wales.)

Single breasted red jacket without lapels, buttoned from the waist to the collar. The soldiers’ jackets would have had a three-inch cut-away collar, whilst the officers would have worn their collar fastened up to the chin. Soldiers’ jackets had padded wings standing out at the shoulder and plain lapels. The 63rd wore green facings on their collars and cuffs.

Overall lined trousers reaching to the ankles. In the field these would have been a light grey, and on parade white linen.

A short black boot, over which most regiments wore a short “spatterdash” gaiter covering the front of the boot and part way up the shin.

Most of the infantry, both regular and volunteer, wore wide double cross-belts made of white leather supporting a cartridge pouch and bayonet. The soft pack or knapsack worn during the Napoleonic Wars was replaced in 1829 by the infamous “Trotter Pattern” pack. Made of canvas with a wooden frame, it had leather reinforcement at the corners, and was lacquered black. The pack was secured by narrow white should straps and a chest strap. Canteens would have been the wooden cask type, and mess tins would have been the very efficient “D” Section design, which was to last until after the Crimean War. The Greatcoat would have been the only bedding issued, and this was carried neatly rolled on top of the pack. A haversack was standard for portage of rations. It is interesting to note that dress regulations were first issued in 1822. During the period the 63rd Regiment spend in Australia, there was only one ‘order’ of equipment – “full”. In an article appearing in the Colonial Times dated 16th December 1830, recently proclaimed dress regulations were reprinted in full.

From a contemporary soldier’s pay book, the following statement of account, in pounds, shillings and pence, gives details of the standard issued:

Bounty for which enlisted £3.00.0

Proportion of Bounty received in cash 2/6

Proportion received in necessitatis £2.17.6

Shell jacket 9/11

2 pairs white trousers 9/-

Pair of cloth trousers 8/6

3 pairs of socks 3/3

2 S. Brushes 1/3

Knife, fork and spoon 2/-

Button stick and bruch 5½d

Messing necessities 1/5½

Blacking stock 1/1

(From a manuscript A334 and A1269 in Mitchell Library.)

Garrison Duties in Van Diemens Land

By July 1829 most of the various detachments of the 63rd Regiment had arrived in Hobart Town. The military tasks in the Colony were to be shared with the 57th Regiment (Wet Middlesex) and the 39th Regiment (Dorsetshire). Essentially, these tasks were:

• To provide guard detachments for the prisons in Hobart, Port Arthur, Maria Island and Macquarie Harbour.

• To provide garrisons for Hobart, Launceston and the other smaller towns.

• To provide guards and sentries in the countryside to protect settlers from aborigines and bushrangers.

From the muster rolls and pay records of the 63rd Regiment, it appears that the 63rd’s share of these duties was primarily the rural garrison duties with two companies being detailed town duties and the other seven in country areas.

Some understanding of the nature of Tasmania in 1830 is essential to an examination of the role of the British Army in the Colony.

By 1830 there were 10,000 convicts in Tasmania or about a third of the entire population. The convicts, arriving at a rate of about 1,200 per year, were classified on arrival into seven classes as follows:

• Ticket-of-Leave men, approximately 1000

• Assigned Servants, approximately 5000

• Assigned to public works, approximately 900

• Road gangs, approximately 900

• Chain gangs, approximately 500

• Hand labour penal settlements and in chains at penal settlements,

approximately 500

Invalids, hospital cases and absconders represented a further 200. There were in addition approximately 500 women in detention in two ‘Houses of Correction’ situated in Hobart and in Launceston.Lt. Governor Arthur administered the colony on a strict disciplinarian or military basis with each of the following officials reporting directly to him.

Colonial Secretary – handled all government correspondence and issued orders by His Excellency’s command.

Colonial Treasurer - handled all public monies

Naval Officer - supervised shipping, customs, prevention of escape by sea

Survey General - handled all land grants except those of free settlers carrying letters of recommendation

Principal Superintendent of Convicts

- responsible for destination and employment of convicts

Chief Police Magistrate - responsible for policing the colony, including house patrols, field police and constables

Major of Brigade - responsible for all military matters, including the Commissariat Department which regulated the provisions of all stations of troops and of penal settlements

Engineer - Responsible for all public works and the oversight of convicts assigned to that department. Tasmania was divided into nine police districts and placed in charge of each, a salaried magistrate. Each district had a police clerk, an efficient police staff, a salaried surgeon and a small detachment of soldiers. These district staffs were under the control of the district police magistrate who administered law and order quite summarily in respect of convicts.

The police manpower was in the main comprised of constables drawn from ticket-off leave men who had won their appointments by merit and good conduct.

The army’s role then was essentially as a garrison. Its’ presence was an essential instrument of coercion in a frontier colony where more than a third of the population were convicts or former convicts. Added to these duties was the need to provide security from an increasingly hostile aboriginal population. The 63rd Regiment would have had its’ share of the formal tasks in the military establishment of the Colony. Guards were required for important government buildings including Government House, the Court House, the Wharf and Government Stores; and regimental duties required a basic establishment of officers and men. There were administrative posts for some officers. The colonial Times noted on Friday 3rd April 1829 that Lt. Lane was appointed a magistrate.

Work patrols of convicts required guard and escorts as they moved about the Colony and small detachments were frequently sent on search parties to recapture ‘runaways’.

There are frequent references to officers of the 63rd being sent to investigate ‘bushranging’ incidents and violence involving aborigines. There are many entries in the muster rolls which refer to non-commissioner officers and private soldiers being ‘detailed as mounted police’.

As can be seen from the table on page XXX, the bulk of the Regiment spent most of its’ time in small detachments all over the countryside providing ‘protection’ for the outlaying settlements. Such duties were not without their hazards and several soldiers were ‘speared by natives’. Incidents of this kind occurred in both Tasmania and the new-formed Colony at Perth. The Regiment would also have shared in the provision of guards to the three penal institutions and two jails of the Colony. It appears that one company at a time was rotated in this role and posts included Hobart Jail, Maria Island, the infamous Macquarie Harbour, Port Arthur and the jail at New Norfolk. One of the more unusual tasks was the guard at Eagle Hawk Neck. This narrow isthmus joined the Tasman Peninsula to the Forestier Peninsula and so on Eagle Hawk Neck, the only land exit, a row of dogs and guards effectively prevented

runaway convicts from escaping onto the mainland.

The Colonial Times in September 1830 noted that there were four or five government brigs coasting to Macquarie Harbour and there were at least two recorded instances of 63rd’s guards’ details aboard having trouble with the convicts aboard.

“Piratical Seizure. – The ‘Cyrus’ was on her passage to the penal settlement of Macquarie Harbour,

conveying 31 prisoners under sentence of transportation to that place; and having on board a large

supply of provisions for the settlement; when the prisoners mutinied and took possession of the

vessel and carried her out to sea.

The Cyprus went into Research Bay on Monday 9th August in consequence of the wind then being

four, which prevented her from proceeding on her voyage round the coast to Macquarie Harbour; the

evening being very calm, Lieutenant Carew, Mr Burn, the mate, Mr Williams, one soldier and one

prisoner, went into the small boat to fish in the Bay leaving the Captain, the soldiers and sentinels on

board together with the ship’s crew. This was about six o’clock in the afternoon, some time before

dark. At the moment the fishing boat was distanced from the vessel about two hundred and fifty yards

there were no persons on the ship’s deck, except the two sentinels on duty, each having a musket

with fixed bayonets and a soldier without arms – the rest of the soldiers and the sergeant (together

with all muskets and ammunition), being between decks taking supper; and the master of the vessel

and Mrs. Carew in the cabin; at this moment there were five of the prisoners on deck likewise. They

had been allowed to come up on an indulgence as was granted to all the other prisoners in their turn,

to take the benefit of the air. These prisoners consisted of Walker, Pennel, McKan, Jones, Fergusson

and a carpenter (with the exception of the latter) who assisted the ship’s carpenter at his work, all

these men were double ironed!! This man together with Walker and Wood, who assisted the sailors

to work, was therefore allowed to sleep with them, and of course to walk the decks, and were so

doing at this period! Fergusson here availed himself of the opportunity which presented itself by

calling on his fellow prisoners walking the deck, and saying that if they did not embrace that

opportunity, he would discover their previous plots; for that they had six favourable opportunities

already and did not avail themselves of either. They instantly rushed upon the two sentinels and

knocking them down, released the prisoners, who jumped upon deck, and fastened down the

hatchway on the soldiers, and knocked down Captain Harris who had come up to see what was the

matter. The soldiers instantly fired shots up through the hatchways, at the prisoners, and one of the

balls passed through Walker’s jacket. The pirates then poured down boiling water on the soldiers,

and threatened to throw down a kettle of lighted pitch to smoke the ship, unless they immediately

surrendered. The soldiers could not stand up in the little place they were in; and, being deprived of

light or air, and threatened with being instantly smothered, had no other alternative then to surrender

their arms; upon which they were let on deck one by one; when they were put into a boat, and

guarded by another boat, containing armed prisoners, until they were put on shore, when they

repeated the same means, until they put the forty-five persons on the land. The whole time, from the

first attack, until they shouted, “the ship’s our own”, did not occupy more than eight or ten minutes!!!

One of the sentinels, named Scully, had his heat cut in four several places.

When Lieutenant Carew came alongside, to go on board, they refused to admit him and Pennel

leveled his piece at him, but it missed fired several times, the soldiers having wet the powder in the

muskets before giving up the arms. They then demanded Lieutenant Carew’s commission, which, in

order to satisfy them, he said was on board. Upon the whole of these unfortunate persons being

landed, the pirates sent on shore only 60 lbs of biscuit, 20 lbs of sugar, 4 lbs of tea, 20 lbs of flour and

8 gallons of rum; together with a lighted stick and a tinder box, one musket and a few rounds of

ammunition; but, although many were the entreaties, they refused to give them their trunks of clothes,

or other necessaries; even Mrs. Carew’s or her children’s things, who were left so destitute that Mrs.

Carew would not come on shore, on the return of the Oppossum in the Harbour, until after dusk.

These persons, forty-four in number, remained thirteen days on that desolate and forlorn part of the

island, exposed to all the inclemency of the weather, both night and day, upon such a very scanty

allowance, which did not, of course, last them many days. Thus seventeen prisoners voluntarily went

off in the Cyprus, besides Brown, one of the sailors, whom they handcuffed, and forced to go with

them; all the rest of the prisoners they forced on shore, not knowing there was so large a quantity of

provisions on board as actually was.

Walker was appointed Captain, Fergusson, who dressed himself up in Lieutenant Carew’s uniform,

and put on his sword, was appointed Lieutenant, and Johns the Mate! They purposed making

regulations when they got out to sea, and to make canvas clothing for the sailors, as they supposed

there was a considerable quantity of canvas on board. Morgan and Knight, two more of the sailors,

were also pressed, and ordered by Walker to remain on board until next morning. They, however,

treated them very well, and endeavoured by making them drunk to prevail upon them to go with them;

but they sternly refused, and were therefore put on shore next morning. McKan, one of the

ringleaders, first picked out ten men, as they were determined to take no more; but the remaining

seven prevailed upon them to take them, as if they were put on shore, they said they would all suffer,

for having assisted in capturing the vessel; upon which they were permitted to remain on board,

though they apprehended they would come short of water. Walker, Fergusson and Jones, promised

to give Morgan and Knight (the two sailors whom they pressed) the jolly boat, to go on shore in the

morning; but a James Cam refused, saying that they might be becalmed off the coast, and wisely

added, that the jolly boat might enable the Lieutenant to send an express to Hobart Town, and cause

them to be retaken. Pennel, Jones and Watts became quite intoxicated the same night; and, at half past

five on Saturday morning, they gave three cheers, and sailed with a fair wind, and were out of

sight in two hours, blowing hard from the North-west, and it was supposed that they bent their course

for Valparaiso. – Colonial Times”

Add pictures … also check spelling Pennel or Pennel

(Lt Carew was later court-martialled in Hobart, charged with:

“Neglect of duty in allowing a convict vessel to be seized and carried off by the convicts.”

The Courts Martial met on 20 October 1829 and after several days taking evidence, cashiered Lt Carew. The matter was referred finally to the King who later pardoned the young officer.) Yet another incident of this kind occurred in late 1833, as reported by the ‘Colonist’ on 11th February 1834.

“H.M.S. ‘Frederick’ seized by convict crew. One corporal and three privates from 63rd Regiment were

guards over 12 convicts sailed bound for Macquarie Harbour under the command of Captain and

accompanied by local trader. The bridge was seized and guards overpowered. The Captain, his

passenger and the guards were put ashore at Wellington Head with provisions.”

Later a Royal Navy Frigate set out in pursuit. The chase led from Hobart to New Zealand and later to Fiji. No reference is made as to what happened or as to whether the mutineers were ever captured.

The growing Colony included those who were critical of the privileged position of Military. The Editor of the colonial Times, Henry Melville, in the editorial wrote on 11 September 1829.

“An Officer of the 63rd Regiment who lately fixed himself upon a grant of land, under the new regulations, for Military Officers, in a sister colony, has brought out with him several pure rams, goats and five cows. No doubt he means to make a fortune from his connection.”

In an article headed “Chief Justice Pedder” on 18 December 1829, Melville wrote

“Capt. Pedder of 63rd, the brother of our Chief Justice, now at Swan River, is soon likely to join Headquarters at Hobart Town.”

‘The Black War’ or ‘Black Line’

During the period July to November 1829, there were numerous incidents involving outlying settlements and ‘marauding’ aboriginals. The Hobart Town Courier claimed that 18 settlers had been killed, including one incident in which a settler’s wife and two children had been brutally murdered. The settlers clamoured for more military protection.

From a military point of view, the ‘threat’ had altered quite dramatically during the last half of 1829. Increasingly frequent reports had been coming in to Hobart, indicating v that the aborigines were now being led by runaway convicts in their attacks on outlying settlements. The usually cautious blacks were becoming more adventurous and daring. For the small detachments of soldiers in the bush, this meant that they now faced a much more formidable and unpredictable ‘enemy’. There have been many authors who have written about the causes of the animosity between the Tasmanian aborigines and the white settlers and probably all the explanations have a measure of truth. However, the Tasmanian experience is complicated by the special nature of the penal settlement there and the problem of ‘runaways’ or ‘bolters’ on the island. In any examination of the role of the military a short description of the situation in Van Diemen’s Land is important.

The first settlement in Van Diemen’s Land was founded in 1803 when a penal settlement, to deal with the worst cases from Sydney, was founded on the banks of the River Derwent.

The early conditions in the colony appear to have been favourable to bush ranging. In 1805 there was such a shortage of food owing to the non-arrival of stores from Sydney that a famine appeared likely. To relieve the situation, the Lieutenant- Governor Davey ordered the convicts set free to catch their own food. When ships arrived with food, attempts to recall the convicts were only partially successful. From 1805 to 1829 more and more ‘runaways’ supported themselves by robbery and extortion. In 1814 the infamous ‘Whitehead Gang’ was involved in a shoot out with soldiers sent to track them down and Whitehead was shot and killed. Michael Howe took over leadership of those who managed to escape. Howe had been transported from England for highway robbery and was soon re-transported to Hobart for his violent behavior. Having bolted from a chain gang soon after his arrival his superior education and his previous experience as a footpad soon helped him to become a leader of a particularly brutal gang. One of his earlier achievements was to organize a raid on a tribe of aborigines for the purpose of obtaining wives for himself and his companions. This is said to have been one of the first acts in the tragedy, which was to close with the complete annihilation of the Tasmanian Aborigines. The natives resisted Howe’s raiders, many were shot down and the women were forced away to the bushrangers’ camp. In revenge the natives attacked not the bushrangers, but the outlying settlers in the area. This incident marked a change in the mood of relations between blacks and settlers and there were to be many reprisal raids over the next few years.

There were to be many skirmishes between the military detachments ‘sent in search of bolters’ and the bushrangers, and although the soldiers were at a disadvantage in the heavy bush, many of their quarry were shot or captured. Howe met his end in a hand-to-hand fight with a soldier named William Pugh, known as ‘Big Bill’.

Such was the situation then that the soldiers of the 63rd faced in late 1929.

On 1st October, Lt. Governor Colonel George Arthur published the following Proclamation:

“Whereas, by my proclamation, bearing date the 1st day of November 1828, reciting (amongst other

things) that the black or aboriginal natives of this Island, had for a considerable time carried on a

series of indiscriminate attacks upon the persons and property of His Majesty’s subjects, and that

repeated inroads were daily made by such natives into the settled districts, and that acts of hostility

and barbarity were then committed by them, as well as the more distant stock runs, and in some

instances, upon unoffending and defenseless women and children, and that it had become

unavoidably necessary for the suppression of similar enormities to proclaim Martial law, in the manner

therein hereinafter directed, I, the said Lieutenant Governor, did declare and proclaim, that from the

date of that my proclamation and until the cessation of hostilities, Martial Law was and should

continue to be in force against the said black or aboriginal natives within the several districts of this

Island, excepting always the places and portions of this Island in the said proclamation after

mentioned; and whereas, the said black or aboriginal natives, or certain of their tribes, have of late

manifested by continued repetitions of the most wanton and sanguinary acts of violence and outrage,

an unequivocal determination indiscriminately to destroy the white inhabitants, whenever

opportunities are presented to them for going so; and whereas, by reason of the aforesaid exceptions

so contained in the said proclamation, no natives have been hitherto pursued or molested in any of

the places or portions of the island so excepted; from whence they have accordingly of late been

accustomed to make repeated incursions upon the settled districts with impunity, or having committed

outrages in the settled districts, have escaped into those expected places, where they remain in

security; and whereas, therefore, it hath now become necessary; and because it is scarcely possible

to distinguish the particular tribe or tribes by whom such outrages have been in any particular

instance committed, to adopt immediately, for the purpose of effecting their capture, if possible, an

active and extended system of military operations against all the natives generally throughout the

Island, and every portion thereof, whether actually settled or not. Now, therefore, by virtue of the

powers and authorities in me in this behalf vested, I, the said lieutenant Governor, do by these

presents declare and proclaim, that from and after the date of this my proclamation, and until the

cessation of hostilities in this behalf shall be by me hereafter proclaimed and directed, Martial Law is

and shall continue to be in force against all the black or aboriginal natives, within every part of this

island (whether exempted from the operation of the said proclamation or not) excepting always such

tribe, or individuals of tribes, as there may be reason to suppose are pacifically inclined, and have not

been implicated in any such outrages, and for the purposes aforesaid, all soldiers and other His

Majesty’s subjects, civil and military, are hereby required and commanded to obey and assist their

lawful superiors in the execution of such measures as shall from time to time be in this behalf directed

to be taken. But, I do, nevertheless, hereby strictly order, enjoin and command, that the actual use of

arms be in no case resorted to, by firing against any of the natives or otherwise, if they can by other

means be captured, that bloodshed be invariably checked as much as possible, and that any tribes or

individuals captured or voluntarily surrendering themselves up, be treated with the utmost care and

humanity. And all officers, civil and military, and other persons whatsoever, are hereby required to

take notice of this my proclamation, and to render obedience and assistance herein accordingly.

Given under my hand and seal at arms, at the Government House, Hobart Town, this first day of

October in the year of our Lord, one thousand eight hundred and thirty.

By command of His Excellency,

Detailed orders were then published in the newspapers so that the whole community would know their part for it was to be an operation involving both the military and civilians.

“ Colonial Secretary’s Office, September 25, 1830.

1. The community being called upon to act en masse on the 7th October next, for the

purpose of capturing those hostile tribes of the natives which are daily committing

renewed atrocities upon the settlers; the following outline of the arrangements which the

Lieutenant Governor has determined upon, is published, in order that every person may

know the principle on which he is required to act, and the part which he is to take

individually in this important transaction.

2. Active operations will at first be chiefly directed against the tribes which occupy the

country south of a line drawn from Waterloo Point east, to Lake Echo west, including the

Hobart, Richard, New Norfolk, Clyde and Oatlands Police districts – at least within this

country, the military will be mainly employed, the capture of the Oyster Bay and Big River