James Mudie
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James Mudie (1779–1852) was a Scottish-born
free settler A settler is a person who has migrated to an area and established a permanent residence there, often to colonize the area. A settler who migrates to an area previously uninhabited or sparsely inhabited may be described as a pioneer. Settle ...
of Australia who became an officer of
marines Marines, or naval infantry, are typically a military force trained to operate in littoral zones in support of naval operations. Historically, tasks undertaken by marines have included helping maintain discipline and order aboard the ship (refle ...
, large landowner, and author. He was the son of John and Margaret Mudie of Forfarshire, Scotland.


Life in the military

Mudie's life in the military properly began in 1799, when he was appointed
second lieutenant Second lieutenant is a junior commissioned officer military rank in many armed forces, comparable to NATO OF-1 rank. Australia The rank of second lieutenant existed in the military forces of the Australian colonies and Australian Army until ...
in the 69th company of the
Royal Marines The Corps of Royal Marines (RM), also known as the Royal Marines Commandos, are the UK's special operations capable commando force, amphibious light infantry and also one of the five fighting arms of the Royal Navy. The Corps of Royal Marine ...
at
Portsmouth Portsmouth ( ) is a port and city in the ceremonial county of Hampshire in southern England. The city of Portsmouth has been a unitary authority since 1 April 1997 and is administered by Portsmouth City Council. Portsmouth is the most dens ...
, England. He was a second lieutenant for six years before promotion to
first lieutenant First lieutenant is a commissioned officer military rank in many armed forces; in some forces, it is an appointment. The rank of lieutenant has different meanings in different military formations, but in most forces it is sub-divided into a s ...
in 1805. During those six years, he served on St. Marcouf Island in the
English Channel The English Channel, "The Sleeve"; nrf, la Maunche, "The Sleeve" (Cotentinais) or ( Jèrriais), (Guernésiais), "The Channel"; br, Mor Breizh, "Sea of Brittany"; cy, Môr Udd, "Lord's Sea"; kw, Mor Bretannek, "British Sea"; nl, Het Kana ...
(1800–1802), and aboard (1803–1804). After being promoted, Mudie was sent on recruiting service in Scotland where he was placed on half-pay after he got into trouble for reasons which were not clearly specified. This trouble forced him into inactivity within the military until 1808, when he joined a ship, ''Inflexible'', and voyaged to Halifax, Nova Scotia, but he later exchanged with an officer in ''Samson'', a ship which later returned to England. Around this time, Mudie endured periods of bad health and sickness. These waves of illness may have been the reason that Mudie was not further promoted. In 1809, Mudie was forced to answer charges made against him in an anonymous letter sent to an office located in Scotland. He attempted to disprove them, but in the face of irrefutable evidence finally admitted them. He was dismissed from the marines in August the following year, his many appeals in vain.


Life as a magistrate

After he was dismissed from the military, Mudie found himself without money. Unable to find employment, Mudie successfully enticed a bookselling firm into hiring him. However, due to a certain business venture that proved a failure, Mudie and the bookselling firm became utterly
insolvent In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
after a loss of over £10,000. Soon following the bankruptcy, Mudie was forced back into the monetary state he had been in before he joined the bookselling firm. However, Mudie was given the opportunity for a new life when Sir Charles Forbes offered him (and his four children) free passage to
New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...
, Australia. Grateful to Forbes, Mudie accepted the offer willingly, and he and his children arrived in New South Wales in July 1822. Additionally, Mudie had an order for a land grant of roughly 2150 acres (870 hectares approx.) on the
Hunter River Hunter River may refer to: *Hunter River (New South Wales), Australia *Hunter River (Western Australia) *Hunter River, New Zealand *Hunter River (Prince Edward Island), Canada **Hunter River, Prince Edward Island, community on Hunter River, Canada ...
. He named this land Castle Forbes, after Charles Forbes, as a way of showing his appreciation of his free passage to New South Wales. After Mudie was able to acquire roughly of land (809 hectares) in 1825, an expansion on the land he already owned on Castle Forbes, he – with the assistance of numerous convicts and an overseer, John Larnach – was able to turn his land into one of the best, most-productive agricultural establishments in the colony at the time. Selling produce and such commodities as meat, wheat and wool, Mudie was often known to boast how well guarded his 'fortress' at Castle Forbes was, and how all of his servants and guards exacted justice with strict adherence to his rules. Sometime around 1830, Governor Darling appointed Mudie a
justice of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
, and Mudie then served on the bench at Maitland. He was feared among convicts, as he gained a reputation for being particularly severe in his judgement, and flogging criminals and convicts excessively, even for minor offences. Mudie claimed that he dealt these harsh punishments in part to counter the soft and lenient policies that Governor Bourke entertained. Bourke himself had taken the necessary steps, after he arrived in December 1831, to ensure that magistrates' powers were lessened so that petty criminals would receive better treatment. However, many law-abiding citizens and the magistrates themselves did not share Bourke's view, and the '' Sydney Herald'' even published articles claiming that Bourke was responsible for an increase in criminal activity in the colony. Mudie ranked among a circle of magistrates along the Hunter River who were secretly, but very passionately, against Bourke's reasoning. This company of magistrates worked towards collecting signatures for a
petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offi ...
, which later became known by their opponents as the 'Hole and Corner Petition'. After a suitable number of signatures had been taken down, the petition was, according to Bourke and some of his associates in 1834, sent to England 'for circulation in quarters where it is hoped an impression unfavourable to my Government may be produced.' During Mudie's absence from Castle Forbes around November 1833, six convicts had revolted, robbing his stores and taking some of his possessions before escaping into
the bush "The bush" is a term mostly used in the English vernacular of Australia and New Zealand where it is largely synonymous with '' backwoods'' or ''hinterland'', referring to a natural undeveloped area. The fauna and flora contained within this a ...
. None of the six escaped justice, however; three were executed in Sydney, two were executed at Castle Forbes, and one was
exile Exile is primarily penal expulsion from one's native country, and secondarily expatriation or prolonged absence from one's homeland under either the compulsion of circumstance or the rigors of some high purpose. Usually persons and peoples suf ...
d to
Norfolk Island Norfolk Island (, ; Norfuk: ''Norf'k Ailen'') is an external territory of Australia located in the Pacific Ocean between New Zealand and New Caledonia, directly east of Australia's Evans Head and about from Lord Howe Island. Together with ...
(a small island off the east coast of Australia). Despite the fact that justice had been served and the matter had been cleared, John Hubert Plunkett and Frederick Hely were dispatched by Governor Bourke to investigate the treatment of the servants at Castle Forbes. While no charges were elicited on Mudie or Larnach, they both were criticised greatly for the amount of rations they supplied to their workers, and the overall treatment of the convicts stationed there. Plunkett and Hely went further, however, and decided to take action against Larnach and Mudie by preparing a protest. After overcoming several complications involving Governor Bourke's refusal to send the protest to London, Plunkett and Hely printed ''Vindication of James Mudie and John Larnach, from Certain Reflections … Relative to the Treatment by Them of Their Convict Servants'', a protest against Larnach and Mudie, and the way they treated the workers at Castle Forbes, which they sent directly to the Colonial Office. It soon became apparent that Hely and Plunkett were not the only people opposed to Larnach and Mudie's actions: soon after Plunkett and Hely's protest had been printed, William Watt, a ticket-of-leave convict who was under the employment of the ''
Sydney Gazette ''The Sydney Gazette and New South Wales Advertiser'' was the first newspaper printed in Australia, running from 5 March 1803 until 20 October 1842. It was a semi-official publication of the government of New South Wales, authorised by Governo ...
'', published ''Party Politics Exposed'', a pamphlet attacking Mudie for his treatment of convicts and forcing labour. Mudie responded by attacking and criticising several people: he charged Watt with serious misdemeanours, attacked
Roger Therry Sir Roger Therry (22 April 1800 – 17 May 1874) was an Irish-Australian jurist and member of the New South Wales Legislative Council. Biography Therry was born in Cork, County Cork, Ireland and educated at Clongowes College and Trinity Colleg ...
for defending the mutineers at their trial and criticised Bourke for showing acts of leniency and what Mudie perceived to be favouritism towards convicts.


Later life and death

Following these events, Mudie was not reappointed to the Commission of the Peace in 1836. Disgusted by these actions and other colonial affairs, Mudie responded by sailing back to England after selling Castle Forbes for £7000. Hungry for vengeance, James Mudie published, in London in 1837, ''The Felonry of New South Wales'', a text that ferociously attacked anyone who Mudie thought had in any way opposed, attacked or infringed upon his rules or ideas in the colony at New South Wales. Mudie returned to Sydney in 1840. Upon his arrival, he found that he was no longer wanted or welcome there; the vindictive and vicious comments in his book had lost him some of the allies he had kept until its publication. He was even horsewhipped in the street in Sydney, by the son of a judge who had been insulted in the text. Once again disgusted by the colony, and unhappy being in Australia, Mudie returned to England two years later where he remained until his death in 1852.


References

* * * * {{DEFAULTSORT:Mudie, James 1852 deaths 1779 births Settlers of Australia Scottish emigrants to Australia Royal Marines officers Scottish landowners People from Angus, Scotland