UNDER THE LASH

GALLAGHERS SENT TO AUSTRALIA AS CONVICTS

By Merle O’Donnell 

“Some of the convicts, indeed a good many of them”, wrote Mark Twain, “were very bad people, even for that day; but the most of them were probably not noticeably worse than the average of the people they left behind at home.  We must believe this; we cannot avoid it.  We are obliged to believe that a nation that could look on, unmoved, and see starving or freezing women hanged for stealing twenty-six cents’ worth of bacon or rags, and boys snatched from their mothers, and men from their families, and sent to the other side of the world for long terms of years for similar trifling offences, was a nation to whom the word “civilised” could not in any large way be applied…

If we look into the characters and conduct of the officers and gentlemen who had charge of the convicts and attend to their backs and stomachs, we must grant again that as between the convict and his masters…and the nation at home, there was quite a monotony of sameness.”

A convict’s life was neither easy or pleasant and in many cases downright unendurable.   On arrival they were assigned to chain gangs to build roads and clear land, or given over to property owners as farm labourers.  In the early days the few animals in the Colony were too prized to be used for heavy haulage, so the task fell to the convicts.  If they were skilled carpenters or stonemasons they were put to work erecting public buildings and homes for settlers.  The work was hard, the accommodation rough and ready, the food unpalatable and strictly rationed.  Discipline was brutal.  It was not uncommon for a man to die at work, having been forced to stay there until the last moment or while being carried to a hospital.  Fifty lashes were meted out for the slightest offence.  Sometimes a psychopathic officer would up it fifty and fifty again for as long as the convict could endure the torture and live. Convicts who reoffended in the new Colony were likely to be sent off to a place of secondary punishment, such as Coal River, NSW, or Port Macquarie, Moreton Bay, Darlington, Norfolk Island or Port Arthur.  These terrible, isolated places were designed to “reform” prisoners by dispensing upon them the most brutal punishments imaginable.       

Women were the underclass, subjected to varying degrees of humiliation and degradation.   The ships they were transported on inevitably became floating brothels.  In 1817 a British judge acknowledged that it was accepted that the younger women be taken to the cabins of the officers each night, or thrown in with the crew.   For many years, females were in short supply in the Colonies and the arrival of a shipload generated a near hysteria among the settlers.  On their arrival in the Colony, it was the custom for the male inhabitants to select a woman, and not necessarily as a servant.  The remainder were brought on shore and placed in the female factory (gaol).  Conditions steadily improved in the 1820’s and prostitution on board ship appears to have been abolished, though not entirely. 

In time, convicts earned a form of freedom by Ticket of Leave until they were granted a Certificate of Freedom, Emancipation or Pardon and their sentence was at an end.  Even then, many could not return home, even if they wished to.  Only those who received an Absolute Pardon  were permitted to return to England or Ireland.  

They came in chains as unwilling convicts in crowded transport ships. They toiled as slaves and endured unimaginable hardship, bought land and prospered in the new country.     

The first Gallagher to arrive in Australia (as far as I can ascertain) was a woman by the name of Elizabeth Gallagher, alias Golluker.  In 1801 Elizabeth  stood trial in Dublin.  She was sentenced to 7 years transportation and arrived in New South Wales in 1801 on board the ship Anne I.  Little is know of her but hopefully, more of her story will emerge as time allows.  We are well acquainted with the brutality of the Convict transportation system, the distress and injustices of a hard and callous age when many were driven to commit crime, the plight of individuals subjected to malignant laws and famine.  They gave the work of their hands and often their lives.  It does matter if they are forgotten. 

Below are lists taken from various State Records containing the names of Gallaghers who came to Australia as convicts. 

Convicts are the easiest to research because of the wealth of documentation on them.  Each was identified not only by name but by the ship he/she was transported on.  Sometimes a convict used an alias (possibly to protect the family name) but these are usually listed along with the original surname.  So, as long as you have the name of the ship and the year it arrived, it’s a safe bet this person can be traced.  This is a project in progress and will be added to as time and research permits. 

CONVICT TRANSPORT SHIPS BRINGING GALLAGHERS TO AUSTRALIA AS LISTED ABOVE

ADELAIDE Dep Portland, England 19 April, 1855. Arr. Fremantle, Swan River Colony, WA, 18 July, 1855.
ANDROMEDA II Dep. Cork 28 August, 1830. Arr. Sydney, NSW 18 December, 1830.
ANDROMEDA Dep. Cork 25 May, 1834. Arr. Sydney, NSW 17 September, 1834.
ANNE I Dep. Cork 26 June, 1800. Arr. Sydney, NSW 21 February, 1801.
ANN & AMELIA Dep. Cork 8 September, 1824. Arr. Sydney, NSW 2 January, 1825.
ARCHDUKE CHARLES Dep. Cork 15 May, 1812. Arr. Sydney, NSW 16 February, 1813 – a voyage of 277 days!
ASIA I Dep. England 3 September, 1820. Arr. Sydney, NSW 28 December, 1820.
ASIA I Dep. Cork 29 October, 1824. Arr. Sydney, NSW 22 February, 1825.
BLENHEIM Dep. Cork 27 July, 1834. Arr. NSW 14 November, 1834.
BLENHEIM Dep. Dublin 19 May, 1839. Arr. Sydney, NSW 26 December,1839.
BODDINGTONS Dep. Cork 15 February, 1793. Arr. Sydney, NSW 7 August, 1793.
BOYNE Dep. Cork 29 June, 1826. Arr. Sydney, NSW 28 October, 1826
BROTHERS Dep. Cork 3 October,1826. Arr. Sydney, NSW 2 February, 1827.
CALCUTTA Dep. Dublin 18 April,1837. Arr. Sydney, NSW 5 August,1837.
CAMBRIDGE Dep. Dublin 2 June, 1827. Arr. Sydney, NSW 17 September, 1827.
CLARA Dep. London, 19 March, 1857. Arr. Fremantle, Swan River Colony, WA, 3 July, 1857.
COUNTESS OF HARCOURT Dep. Cork 3 September, 1822. Arr. Sydney, NSW 21 February, 1823.
DAPHNE Dep. Cork 28 May, 1819. Arr. Sydney, NSW 21 September, 1819.
EARL ST. VINCENT Dep. Cork 29 April, 1823. Arr. Sydney, NSW 9 September, 1823.
EDWARD Dep. Cork 1 January, 1829. Arr. Sydney, NSW 26 April, 1829.
EDWIN FOX Dep. Plymouth, England 26 August, 1858. Arr. Fremantle, Swan River Colony, WA, 20 November, 1858
ELPHINSTONE Dep. Dublin 8 September, 1838. Arr. Sydney, NSW 27 September,1838.
FERGUSSON Dep. Dublin 16 November, 1828. Arr. Sydney, NSW 26 March, 1829.
HADLOW Dep. Cork 2 April, 1820. Arr. Sydney, NSW 5 August, 1820.
HERCULES II Dep. Downes 19 June, 1832. Arr. Sydney, NSW 16 October, 1832
ISABELLA I Dep. Cork 4 November, 1821. Arr. Sydney, NSW 9 March, 1822.
ISABELLA I Dep. Ireland 1823. Arr. Sydney NSW 16 December, 1823.
LADY McNAUGHTEN Dep. Dublin 23 June, 1835. Arr. Sydney, NSW 26.10. 1835.
LARKINS Dep. Cork 16 August, 1829. Arr. Sydney, NSW 12 December, 1829.
LORD SIDMOUTH Dep. Cork 4 November, 1820. Arr. Sydney, NSW 19 February 1821.
MANGLES Dep. Dublin 23 Fenruary, 1828. Arr. Sydney, NSW 2 June, 1828.
MARGARET Dep. Dublin 30 April, 1840. Arr. Sydney, NSW 17 August, 1840.
MARQUIS CORNWALLIS Dep Cork 9 August, 1798. Arr. Sydney, NSW 11 February, 1796.
MARTHA Dep. Cork 18 August, 1818. Arr. Sydney, NSW 24 December, 1818.
MINERVA I Dep. Ireland 1 January, 1818. Arr. Sydney, NSW 30 April, 1818.
MINERVA Dep. Cork 26 August, 1819. Arr. Sydney, NSW 17 December, 1819
MINERVA Dep. Dublin 18 August, 1839. Arr. Sydney, NSW 26 December, 1839.
MINSTREL Dep. Portsmouth, England 17 April, 1825. Arr. Sydney, NSW 22 August, 1825.
MORLEY Dep. Cork 18 August, 1818. Arr. Sydney, NSW 24 December, 1818.
NAUTILLUS Dep. Dublin 17 September, 1830. Arr. Sydney, NSW 9 February, 1840.
PEKOE Dep. Dublin 10 July, 1840. Arr. Sydney, NSW 6 November, 1840.
PESTONJEE BOMANJEE Dep. Dublin 2 Sept, 1848. Arr. Hobart, Van Diemen’s Land (Tasmania) 2 January, 1849
PHOENIX III Dep. Dublin 27 August, 1826. Arr. Syndey, NSW 25 December, 1826.
PROVIDENCE I Dep. Falmouth 21 January, 1811. Arr. Sydney, NSW 2 July, 1811.
RAMILLIES Dep. London 30 May, 1854. Arr. Fremantle, Swan River Colony, WA, 7 August, 1854.
RECOVERY Dep. Cork 5 April, 1823. Arr. Sydney, NSW 30 July, 1823.
REGALIA Dep. Dublin 5 August, 1826. Arr. Sydney, NSW 5 August, 1826.
SIR CHARLES FORBES Dep Dublin 11 August, 1837. Arr. Sydney, NSW 25 December, 1837.
SOPHIA Dep. Dublin 15 September, 1828. Arr. Sydney, NSW 17 January, 1829.
SURREY Dep. Downs 2 April, 1840. Arr. Sydney, NSW 13 July, 1840.
TELLICHERY Dep. Cork 31 August, 1805. Arr. NSW 15 February, 1806.
THREE BEES Dep. Falmouth 8 December, 1813. Arr. Sydney, NSW 26 May, 1814.
WESTMORELAND Dep. Dublin 27 April, 1838. Arr. NSW 22 August, 1838.
WHITBY Dep. Dublin 18 February, 1839. Arr. Sydney, NSW 23 June, 1839.
WILLIAM HAMMOND Dep. Plymouth, England 5 January, 1856. Arr. Fremantle, Swan River Colony, WA, 18 July, 1856.
WILLIAM JARDINE Dep. Dublin 28 November, 1837. Arr. Sydney, NSW 11 April, 1838.
WILLIAM JARDINE Dep. Plymouth 3 May, 1852. Arr: Fremantle, Swan River Colony, WA, 1 August 1852.
 

CONVICT STORIES & ADDITIONAL INFORMATION

CHRISTOPHER GALLAGHER. Born Fermanagh 1877, trumpeter, tried at Rosscommon 1818. Sentenced to 7 yrs transportation. Ship Daphne 1819. Christopher’s name appears several times in the Colonial Secretary Index 1788 – 1825. Entries as follows: 1822 Servant to George Marshall, Sydney. Petition for mitigation of sentence Fiche 3214, 4/1864. pp80-1). November 28, 1823 On list of assigned prisoners and listed as Gilligan. (Fiche 3290, 4/457OD. P.46). December 1823 Re permission to marry in RC church. Listed as Galligan (Reel 6011: 4/3509. p.681). October, 1825 On list of convicts mustered in the employ of George Marshall of Sydney in 1823 – 24 (Fiche 3143, 4/1843A, No 512, pp365,367). November 5, 1825. Convict in the service of George Marshall at two successive musters (Reel 6015, 4/3515, p.552). Certificate of Freedom July 4, 1825. Within six years of arriving as a convict he was a free man.

CONVICT EXILES 1846 – 50
State Records of New South Wales

Transportation to New South Wales effectively ceased in 1842 but between 1846 – 50 exiles were transported. Exiles had served part of their sentence in Britain and were granted a Conditional Pardon or Ticket of Leave on arrival in the Colony.

Name       Ship         Sailed From         Trial City       Arrived NSW      Sent to

GALLAGHER
James     Havering   Dublin 4.8.1849   Tyrone          8.11.1849           Maitland District

TICKETS OF LEAVE
State Records of New South Wales

A Ticket of Leave (TOL) was evidence a convict was permitted to live and work outside the “assignment” system within a given district of the Colony before their sentence expired or they were pardoned. Ticket of Leave convicts could hire themselves out or be self-employed. Before they applied for their Ticket of Leave through their masters to the Bench Magistrates, they needed to have served a stipulated portion of their sentence. Conditions applied. The convict was confined to the area named, church attendance was complusory as was appearing before a Magistrate when required. Minor offences could see Ticket’s of Leave revoked by the Magistrate and the holder returned to government (assigned) service. Until 1843, Ticket of Leave holders could not own land or personal property and could not sue for unpaid wages.

Each Ticket of Leave 1810 – 75 gives details of convict’s number, name, name of ship he/she was transported on, year of arrival in Australia, native place, year of birth, offence, place and date of trial, sentence, physical description, district convict allocated to, Bench who recommended him/her and date of issue of Ticket. As such, these tickets are a valuable source of information.

Name Ship District Ticket No. State Records Ref

GALLAGHER
Andrew Mary 1822 27/366 4/4064. Reel 909
Anne Minerva 1839 Goulburn. Vic. 44/1826 4/4191. Reel 953
David St. Vincent 1837 Parramatta 11/512. Reel 939
Eleanor Minerva 1839 Parramatta 44/1821 4/4191. Reel 953
Felix Mangles 1828 Maitland 36/1227 4/4105. Reel 925
Felix Mangles 1828 Campbelltown 42/1402 4/4163. Reel 944
Francis Mangles 1828 Hunters River 32/963 4/4085. Reel 918
Francis Minerva 1818 Maitland 38/1000 4/4120. Reel 930
Francis Minerva 1818 Maitland 32/479 4/4085. Reel 917
Francis Minerva 1818 Maitland 4/1542 Reel 941
Francis Minerva 1818 Paterson 42/1806 Reel 943
Hugh Calcutta 1837 Illawarra 44/1372 Reel 952
Hugh Westmoreland 1838 Paterson 42/2779 Reel 946
James Havering 1849 Maitland 49/1179 Reel 963
James Isabella 1823 Melville 28/564 Reel 911
James Lord Sidmouth 1821 Airds 25/362 Reel 890
James Mangles 1828 Maitland 38/900 4/4120. Reel 930
James Mangles 1828 Maitland 41/707 4/4149. Reel 939
James Minerva 1819 Sydney 25/144 4/4060. Reel 890
James Minstrel 1825 Windsor 34/218 4/4092. Reel 920
John Countess of Harcourt 1822 Sutton Forest 28/480 4/4068. Reel 911
James “ “ Sutton Forest 32/607 Reel 917
James John II 1837 Port Stephens 43/1242 4/4176. Reel 948
John Pekoe 1840 Yass 46/912 4/4208. Reel 959
James Phoenix 1826 Bathurst 31/732 4/4080. Reel 915
James Royal Admiral 1833 Raymond Terrace 39/2109 4/4134. Reel 934
James Sir Godfrey Webster 1826 Moreton Bay 42/1525 4/4164. Reel 944
James St. Vincent 1837 Raymond Terrace 45/339 4/4197. Reel 955
Martin Andromeda 1830 Windsor 34/1623 4/4096. Reel 922

TICKET OF LEAVE PASSPORTS
State Records of New South Wales

Permission was needed before moving to another district and “passports” were issued for those convicts holding a Ticket of Leave whose work required regular travel between districts.

Name Ship Passport No. Date TOL State Records Ref Remarks

GALLAGHER
James Asia 1832 41/0028 15 Jan, 1841 39/0891 4/4241. Reel 968 On the recommendation of Scone Bench.

John John II 1837 44/788 25 Nov, 1844 43/1242 4/4255. Reel 973 On the recommendation of Muswellbrook Bench.

CONDITIONAL PARDONS
State Records of New South Wales

Convicts with life sentences generally received pardons. Conditional Pardons (CP) freed convicts and were granted on the condition that the convict did not return to England or Ireland. Original copies were sent to England and duplicates remained in Australia. Copies were also given to the convicts as proof of Pardon. Conditional Pardon records give date, name, place and year of trial, sentence, ship, date of arrival. Records may also give year of birth, native place, trade or calling, offence, sentence, master and physical description.

Copies of butts of Conditional Pardons (1824-1827 and Conditional Pardons registered by the Colonial Secretary 1826-1870 are available. An alphabetical register of Colonial Pardons from 1828-1862 is on microfilm as well as a register of Colonial Pardons from 1788-1867.

Name Ship Pardon No. Type Date

GALLAGHER
Francis Minerva 1818 48/204 CP 31 December, 1847
James Minstrel 1825 47/374 CP 10 April, 1847
James Minstrel 1825 47/278 CP 1 January, 1841
James Minstrel 40/10330 CP 15 October, 1840
John Countess of Harcourt 1822 43/029 CP 1 January, 1842
Thomas Morley 40/10334 CP 20 October, 1840
Thomas Isabella 1832 47/588 CP 30 July, 1847
Thomas Morley 1828 41/279 CP 1 January, 1841

CONVICT ABSCONDERS

Name Ship Absconded Remarks

GALLAGHER
James Isabella 1819
John Lord Sidmouth 1830 Reward for his apprehension published in Sydney Gazette 1830. Apprehended 1831 and again in 1832.
Patrick Albion 1830
Thomas Albion 1830 Apprehended 1830
William - Aka Matthew ? 1828 Age 17 when absconded. On NSW Convict Deaths & Burials Index 1828-1879. Died 1832. Aged 21.

GALLOCHER
Charles Regalia 1828 Age 19 yrs.
John, Alias McFarland Lady Harewood 1832
Felix Mangles 1828 1830

GOLLOCHER
John Fergusson 1830 Apprehended 1832
Hugh, Alias Wheeler Mangles 1830

CONVICTS IN COURT

New South Wales.

These people appeared in court and their cases listed in the Sydney Gazette. Criminal charges usually proceeded first through the Police Magistrate then the Quarter Sessions of the Supreme Court.

Name Year Details

GALLAGHER
John 1830 Indicted for theft at Illawarra/Campbelltown Court.
Mary Ann 1830 Assigned servant. Charged with theft at Sydney.
James 1834 Dismissed as Patrolman.

CONVICTS & THE POLICE FORCE

Working in the Police Force enabled a quick rise through the convict class system. They were generally paid a small wage and were eligible for bonuses and awards for information and apprehensions which resulted in court convictions.

Name Ship Appointment Year Remarks

GALLAGHER
James Isabella Constable, Sydney. 1831
James Minstrel Constable, Windsor 1831 Dismissed 1832
James Constable, Maitland Resigned 1831
John Hadlow Constable, Sydney Dismissed 1828

CONVICT DEATHS & BURIALS INDEX. 1828-1879
New South Wales

The following Index includes the secondary penal settlements of Norfolk Island, Moreton Bay and Port Macquarie. Registers include those who were executed or were found drowned. The deaths of convicts were recorded by the Principal Superintendent of Convicts Office and the original ledgers are lodged at the Archives office of New South Wales. See Archives Office Fiche No. 749-751, 4/4549.

Name Ship Year of Death

GALLAGHER
Charles Henry 1831
Mary Ann Edward 1829 1832
Michael Norfolk 1832
Michael Cawdry 1826 1840
Patrick Blenheim 1842
Rose Andromeda 4 1840

GALLAGHAR
Bartley Captain Cook 1843

GALLAGHAN

John Forth 3 1838