The severity of corporal punishment, which prevailed at that period, when no prison more secure than a stockade had been built, induced the accused to obtain a respite by retiring to the bush. Some men of milder disposition abstained from all active violations of the law, and kept aloof from offenders of a different temper. Of a sailor, who deserted to the forest, it is said that he not only refrained from robberies, but often prevented them: he had carried to his retreat a young woman whom he professed to love, and remained for three years in his seclusion. The romance of this event was, however, extinguished at the close of their exile: the man grew prosperous, abandoned his faithful companion, and married another.
Towards the close of 1813, the daring and sanguinary violence of bushrangers, reduced the colony to the utmost distress: the settlers, generally of the lowest class, received their plunder, and gave them notice of pursuit. Their alliance with stock-keepers, who themselves passed rapidly, and almost naturally, from the margin of civilised to a lawless life, was well understood: nor could they readily refuse their friendship: the government, unable to afford them protection, left them no other source of safety. The division of the colonists into those who had been convicts, and those who controlled them, naturally ranged all of loose principles on the side of the outlaws. Nor was their mode of life without attractions: they were free: their daring seemed like heroism to those in bondage. They not unfrequently professed to punish severity to the prisoners, and like Robin Hood of old, to pillage the rich, that they might be generous to the poor. The course adopted by the government indicated the strength of the robbers: despairing to reduce them by force, in 1814 Macquarie tendered pardon, except for the crime of murder, to those who, within six months, should return to their duty. To give effect to this treaty, time was judged necessary for its publication; and to allow for the hesitation of the penitent, a distant day was appointed for closing the door.
This singular document was prepared by his Majesty's judge, who was thus himself bound in honor to its unexampled conditions; but the legal acumen of the robbers soon detected the error: its effect was not only pardon for the past, but, with the exception of murder, a license to ravage the colony until the date expired. Thus, they gathered the harvest of crime, and continued their depredations to the last. Nor was another advantage foreseen, although eagerly embraced by the robbers: they almost universally submitted, and having cleared with the law, were prepared again to abscond, and risk once more the chances of the field; but if the document was absurd, the conduct of the local authorities was not less impolitic. The removal of men, so well acquainted with the colony and its hundred retreats, was an obvious, yet neglected, precaution: some were satisfied with their past experience, but others lost no time in returning to the bush.