First Civil Case Cable v Sinclair
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Cable v Sinclair [1788] NSW KR 7, Court of Civil Jurisdiction Proceedings, was written on behalf of the Kables (who at the time were illiterate), and addressed to the Judge Advocate of the colony, David Collins. This was the first civil case that was held in the new colony of New South Wales.
These posters include copies of the original writ and our easy to read creative version.
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Easy to read version of a letter written by Reverend Richard Johnson, Chaplain to the First Fleet and the person entrusted to give Susannah and Henry Kable their parcel when they arrived in New South Wales. Rev Johnson was also one of the people who sat on the Civil Court. He writes this letter just under two weeks after the first civil case, to Under Secretary of the Home Department England, Evan Nepean providing an update of the Kable family and the parcel of goods that was donated to them.
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Easy to read version of Henry Kable's letter back to his mother in England was printed in the Norfolk Chronicles. A shorter version also in the London Chronicles on 23 July 1789.
As Henry could not write, it is not known who wrote this letter. -
Other sources documents to support the Lost Parcel book include newspaper articles from the UK, the Orders in Council from 6 December 1786 and a mock up of the Boarding passes of Susannah and Henry Kable.
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Poster outling how the first civil case and the rudementary legal system providing an effective mechanism for resolving of disputes and the protection of property, even if it was owned by a convict! With confidence in the legal system to safeguard rights, investment rises, so does economic growth which in turn creates jobs and drives prosperity.
Poster: Impact of Recognition of Property Rights
Where the rule of law is the foundation in a society, property rights are protected which leads to increased investment and economic growth. This was reflected in the early penal colony of NSW and the opportunity for convict families like the Kables to own property, start businesses and to help the colony economically flourish.
Related Resources
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The principles of the rule of law include equality before the law, clear and known laws, separation of powers, and an independent judiciary. The benefits are protection of rights, limits on arbitrary power, access to justice, accountability of government, and a stable, fair, and democratic society for all.
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Summary of the first civil case in NSW : Cable v Sinclair in July 1788. The Cables (Kables) were a poor convict couple and Sinclair was the powerful captain of one of the ships in the First Fleet. This is a summary of the court case and outlines the evidence given during the trial.
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Suggested Lesson Plans for the Lost Parcel, including a suggested 3-4 period lesson plan (approximately 2-4 hours) for teachers wanting to teach the story book The Lost Parcel and the story of the Kables. This includes detailing learning intention, success criteria and outlines for the structure of the lessons.
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Stories of the First Fleet: Knowledge and Understanding. Using short answer questions, this resource uses the book ‘The Lost Parcel’ to investigate the lives of two convicts Henry and Susannah Kable, their reasons for transportation with the First Fleet, the attitudes of the English community to their plight and their experiences in the early colony.
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Stories of the First Fleet: Investigating Source Documents. This resource uses two source documents, a letter from Reverend Richard Johnson, and the Charge Sheet from the NSW Court of Civil Proceedings (see below) to investigate the lives of Henry and Susannah Kable and their experiences with the legal system in the early colony.
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