Thomas Clarkson - WHAT WAS ONCE MINE: 1822

    It was becoming all too clear now that Thomas' possessions were being slowly gathered up by his creditors. The year of 1822 was to signal the beginning of the downslide in his financial affairs.
    The year had hardly begun before Thomas was back in the courts to face the suit of Joseph Ward. Ward had appealed to the Governor's Court against Thomas, claiming a debt of £50 damages which he had incurred whilst trying to recover possession of a property he'd purchased from Thomas Prentice.(28) This was in fact the very same 50 acres that Thomas Clarkson had bought from Prentice in 1816.(29)
    "Gazumping" was a very common practise, even in the days of our colonial beginnings, and under the Old System of land settlement, double dealing thrived. This was the case here.
    As mentioned before, Prentice had sold his grant to Thomas Clarkson on 17 September 1816,(30) in fact Thomas was a witness to the surveying of the land and was later to state that Prentice had told the surveyor to "consider the land Clarkson's" It was acquired as a lease under a 5 year term and the indent was duly registered.(31) After these 5 years were expired Thomas would no doubt have been planning to buy the portion outright as he had done with other allotments. But this was not to be, for on July 1819 Prentice sold the land to Joseph Ward for £25 and it is this negotiation that appears in notation on the original deed of grant.(32) Ward received the deeds on 20 November 1819, thus making him a bona fide owner.(33)
    Thomas Clarkson refused to budge off the land so Ward resorted to court action to get his way.(34) This only incensed Thomas more. How dare Ward offer challenge to the land    --"never having expended one shilling on it" when    Thomas himself had cleared and fenced the grant at great personal expense.(35) Thomas felt he was "being got at".
    Thomas directed a memorial (letter) to Governor Brisbane on 22 February 1822 and in this he set out his humble reasons for considering his entitlement to the grant was the more valid. If indeed it must revert back to the Crown (as in actual fact it should, since the Alienation clause had been violated by both parties) then he should be more entitled to possession because of his efforts to improve the land. The loss of this land, he pointed out, would he to the ruin of himself and his very large family. The only reason he'd been interested in purchasing the land was it's close proximity to the house he had built on adjoining portion: a house which had cost him upwards of £1500
    Thomas' lengthy and very emotional letter must have fallen on dear ears for although the grant was later included in Clarkson' s mortgage to Cooper dated August 1822 we noted on the Primary Application, consulted by us during our investigations the land was officially recognised as being sold from Prentice to Ward. A notation on the original grant states "Ward and Clarkson in ejectment 1822". This appears to be the only indication that Clarkson was to lose the land in spite of his protests. Ward then released the land to Daniel Cooper in 1826 thereby indicating Ward gained possession of the grant in the end.(37)
    Perhaps the fact that Ward was a Police Constable in the Airds district may have added weight to his claim.(38)
    Back in Sydney, Thomas applied to have his licence to brew and vend beer renewed on 13 February 1822.(39)
To the worshipful bench of Magistrates of Sydney assembled.
The Respectful Memorial of Thomas Clarkson most respectfully Represents:
    That your Memorialist hath for a number of years conducted the business of Publican and Baker in this town and bath uniformly adhered to the regulations made and provided.
    That your Memorialist, having a numerous family to support has caused to be erected at considerable expense and on an extensive scale an establishment in order to Brew beer and which from his knowledge of the Business he Pledges himself to produce of a very superior quality provided your Worships will, taking into consideration his protected residence in this colony and the general tenure of his conduct be pleased to extend to him the indulgence of a licence to Brew and Vend Beer by retail, which if liberally bestowed, it shall be the duty of your Memorialist to afford general satisfaction.
And your memorialist as in duty will ever pray..
Hunter Street
13 February 1822.                      Link to Image of this letter
    Catherine and Thomas were to refer frequently to their "numerous" and "very heavy family" in letters written to the various Government Officials of the day.
    A muster taken in 1822 lists the family as follows;(40)
Thomas, freed by servitude, arrived On Alexander, 14 years licensed Brewer, Sydney.
Catherine,    came    free,    colonial sentence 5 years, wife of
Thomas.
Sarah,             17 years
Thomas,          11 years 
Mountford,       8 years
Ann,                 5 years
Mary,               4 years Children of above.
    Catherine junior is listed with her husband, Thomas Rowley and their children at Liverpool, but a John Clarkson does not appear at all.
    The Clarksons of Hunter Street applied for the help of 2 convicts during 1822. Dennis Connelly who arrived on the "Tyne", and Richard Holden who was still in their employ in 1828, were assigned on the 2 September and 1 October respectively.(41)
    This was 1822, this was the year that was highlighted by financial troubles of a more lasting nature than earlier years had perceived.
    On 22 January, John Hickey of Sydney was sued by Thomas to recover £10 owing on goods sold and delivered to him by Clarkson. Hickey confessed and asked for 21 days to Pay.(42)
    In May, Thomas Dillon was ordered to make good a £10 debt owed to Clarkson. Since Dillon declared he was unable to provide the payment, his goods and chattels were to be sold. Unless he could otherwise find the means to settle the debt his 50 acre farm, 4 miles below the lower Branch of the Hawkesbury would be sold by the Sheriff (43)
    By the following November however, Dillon was in turn suing Clarkson to recover £8 owed to him.(44)


 Page last updated -  7 July 2006