BOURKE TO SECRETARY OF STATE. 729 [Sub-enclosure.] 1835. S .May. PARTICULARS REFERRED TO IN THE PRECEDING LETTER. JOHN BULGER per Roslin Castle arrived 5th Feby., 1833, was as- Details signed on arrival to the Revd. Samuel Marsden. re convlcts- Phillip Cunningham per Royal Admiral (5) arrived January. 1835, assigned to Mr. George Rankine of Bathurst. Michael Beahan, per ship Royal Admiral (5) arrived January. 1835, and assigned to Mr. Henry Bond, No. 36 Upper Pitt Street. N.B.—The abovenamed being Convicts for Life would not under the Regulations be entitled to Petition for a passage for their families until they had served a probation of Seven Years with good Conduct. Patrick Donnelly per ship Royal Admiral (5) Died in the General Hospital. Sydney. 27th January. 1835.

SIR RICHARD BOCRKE TO SECRETARY OF STATE. (Despatch No. 46, per ship Venus.) Sir, Government House, 9 May, 1835. 9 May. By Mr. Stanley's Despatch of the 29th May, 1834, Xo. 86. Transmission I was directed to forward Quarterly Returns of Expenditure from returns of the Colonial Treasury according to a form therewith transmitted. ''xP<-irditure. commencing from the 1st January, 1834. The Returns for the year 1834 were accordingly transmitted with my Despatch of 4th February last, Xo. 16, and I have now the honor to forward the required Return for the first Quarter of the present year. 1 am induced to solicit further instructions regarding it, as from Request for the form being prepared so as to allow of its employment for the re returns. Return of Expenditure of the Military (.'best directed by the Under Secretary of State's letter of the 12th August, 1831, as well as that of the Colonial Treasury, I am induced to believe it may have been intended that both should be in future consoli­ dated in one. Yet, as the Form first directed is slightly different from that now furnished, I have not thought it right to vary from the instruction regarding either Return without further Explana­ tion. I have however to suggest that it may be convenient to employ the Form last transmitted for both branches of expendi­ ture; and, if this plan be authorised, I have also to solicit instruc­ tions what number of copies will be required of the double Return and to whom they should be forwarded. At present three copies are required of the Schedule relating to the Military Clie-t ; one for the Secretary of State; one for the Commissioners of Public accounts, and one is sent to the Secretary to the Lords 730 HISTORICAL RECORDS OF AUSTRALIA.

1835. ( cinniissioners of the Treasury. Duplicates are furnished of the !) May. two former, making five in all, the preparation of which, since the reduction of Clerks in the Colonial Secretary's Office, has been found very onerous. _ . . 1 have, &C, RICHD. BOURKE. [Enclosure.] [This return lias been omitted.]

SIR RICHARD BOURKE TO SECRETARY OF STATE. (Despatch No. 47. per ship Venus.) Sir, Government House, 9th May, 1835. Transmission I have the honor to transmit herewith the following immigrants. Returns, prepared in compliance with the Instruction conveyed by Mr. Hay's letter of the 10th March, 1833. 1. A Return of free persons who arrived in X. S. Wales from the 1st to the 31st December, 1833, assisted by advances. 2. A Return of Free Females who arrived during the same month, aided by Bounties. These Returns complete the year 1833, for which they have been already forwarded up to Xovember inclusive, with my Des­ patch of the 6th December, 1833, Xo. 101. •'!. A Return of Free Emigrants assisted by Bounty, arriving during the year 1834. 4. A Return of free Females aided by Bounties arriving during that year. To which has been added a separate return suggested by the arrangement, notified by Mr. Secretary Stanley's Despatch of the 8th April, 1834, Xo. 73. 5. A Return of free Females aided by advances of £5 in addi­ tion to the usual Bounty. The remarks appropriate to the Column left for them in these Returns have been anticipated in the several Despatches, by which I have reported the arrival of each Ship with female Emi­ grants, and by other communications on the subject of Emigra­ tion. I have to regret the delay which has taken place in the preparation of these Returns, but hope that the instruction which 1 have now repeated will lead to greater regularity in future. I have, &c, RICHD. BOURKE. [Enclosures.] [These returns have been omitted.] HAY TO BOURKE. 731

UNDER SECRETARY HAY TO SIR RICHARD BOURKE. IS35. 12 May. (Despatch per ship England: acknowledged by Sir Richard Bourke. 16th October, 1830.) Sir, Downing Street, 12th May, 1835. I am directed by Lord Glenelg to transmit to you a copy correspondence- of a Letter from the Deputy Secretary at War enclosing a copy re J' TooI°- of a representation from John Toole formerly of the 22d Foot. who had commuted his Bension for the purpose of becoming a Settler in Xew South Wales, and had lost the whole of his Property on board the "Hibernia,'' which was burnt* at Sea. The case of this Person appears to be one deserving of com­ miseration, and, without recognising the principle of compen­ sating Individuals for private losses of this description, Lord Recommend- Glenelg is disposed to recommend that, if Toole should appear j.Tooiefor to be worthy of trust and of indulgence, you should take some employment. opportunity of employing him in any situation for which he may be fitted. I am, &c, [Enclosure. 1 R. W. HAY.

MR. L. SULIVAX TO SIR GEORGE GREY. Sir, War Office. 12 May, 1835. I am directed by the Secretary at War to transmit herewith a copy of a letter from John Toole, formerly of the 22d Foot, who commuted his Pension for the purpose of becoming a Settler in X. S. Wales, and while on his Passage on board the Hibernia lost nil his property, when that ship was burnt at Sea. and to request that you will lay it before the Secretary of State for the Colonial Dept. In doing so, you will be pleased to state that, as the Man Recommend- has received the full amount of his Commuted Allowance, nothing ation of more can be done for him in this Office than to beg that Lord • • To° e- Glenelg will suggest to the Governor of the Colony to afford any assistance, which may be in his power to Toole, whose case seems to be a very unfortunate one. I have, &c, L. SULIVAN. [Sub-enclosure.] MR. J. TOOLE TO . My Lord. Sydney. 15 May. 1834. I most humbly beg to inform your Lordship, that I am one of Request bj those unfortunate People, who let go a certainty fur an uncertainty •!• Toole for in commuting my Pension with a view to better myself and family c'",p °- in the most horrid Country; and the money I received in Ungland on that account. I laid out in the purchase of Sundries to suit this Country; but all proved fruitless for my property was burned in the unfortunate ship Hibernia at Sea 5 Feby., is:;:;, and having arrived in this Colony was obliged to shift the best way I could. 1 am most humbly soliciting your Lordship to Introduce my case tu the Honble. the Lords. Comturs. for their decision, in hopes I may be placed on my former Pension at the expiration of four years, as this Colony is not as was represent ed by Men, who bad originally made their 'fortune; but poor old Soldiers are here a subject of SCOl'n, mil able to work and, as for employment, but few are under that • Nolc 35. r32 HISTORICAL RECORDS OF AUSTRALIA.

1S35. happiness. I hope your Lordship will take my case into consider i- 12 May. tion and procure a situation for me under Govt., as Prisoners of the Request by Crown carry the highest head here; should your Lordship be dis­ -I. Toole for posed to place my case before the Secretary for the Colonies, I •employment. should no doubt, be placed in a situation, that would enable me and my family to live in the Country. My character can lie had from the Bench of -Magistrates at Tullainni-e. Ireland, where I was Town Sergeant and Peace Officer. I was admitted Out Pensioner of Chelsea Hospital 2nd clay of Feby., 1820, from the 22d Foot, commanded by General Finch; was then aged 39 years; served in the Army 29 7/12 years; was dis­ charged in consequence of long service and bad health on a Pension of Is. 4d. a day. I humbly beg the favor of your Lordship's pro­ tection and me and my family will ever pray. JOHX TOOLE. Late an Out Pensioner of the 22d Regt. of Foot.

SIR RICHARD BOURKE TO SECRETARY OF STATE. (Despatch No. 48, per ship Thomas Harrison; acknowledged by lord Glenelg. 19th November. 1835.) 1 June. Sir, Government House, 1 June, 1835. Expected In my Despatch of the 22 March last, Xo. 28, addressed complaint from to Mr. Secy. Spring Rice, I intimated the probability of measures E. A. Slade. being taken by Mr. E. A. Slade, late a Police Magistrate in Syd­ ney, to bring under the notice of H.M.'s Government, in the form of complaint, his removal from office in the month of October last. I had the honor to transmit with that Despatch such docu­ ments as were necessary to meet any complaint or charge pre­ ferred by that Gentleman, and especially the proceedings had before Mr. Justice Burton, one of the Judges of the Supreme Court of this Colony, in his chambers on the 30th October last and a letter, which I caused to be addressed to Mr. Slade by the Colonial Secretary on the 4th Xovr. last. Transmission of Mr. Slade has now called upon me to forward to the Secretary memorial from E. A. Slade of State for the Colonies a Memorial on this subject, which I protesting have accordingly the honor to transmit herewith in obedience to .against my Instructions in this behalf. The documents, to which I have removal from office. referred as having been transmitted with my Despatch of last March, and to which I now beg your attention, form a sufficient reply to the statements of Mr. Slade in the accompanying Me­ morial. These documents being contained in the Appendix to the Memorial, I do not forward Duplicates with this Despatch. I have now only to make a few cursory remarks on some of the paragraphs in the Memorial, lest an omission so to do might induce belief that they were correct, though whether correct or otherwise in no wise affects the substantial merits of the case, which rests on the Documents I have referred to. BOURKF, TO SECRETARY OF STATE. 733

With reference to the conversation which passed in the pres- 1835. ence of Mr. McLeay, I do not consider this to be truly stated. ^fie. I referred to the affidavit made bv Mr. Slade before Mr. Burton "l'"i:l1 of ... ,. , ... statements re and the circumstances ot the case as sworn to on the mvestiga- conversation. tion before that Judge in Chambers, and declared my opinion to be that after such an exposure as had then taken place, it would be impossible, consistently with any regard to public feeling or public morals, to permit Mr. Slade to occupy the Police Bench. I do not believe the words " You are dismissed" were ever used. the fact being that I expected Mr. Slade would have offered his resignation at the time and thus rendered dismissal unnecessary. Mr. Francis Stephen, the professional gentn. referred to by Resignation Mr. Slade, waited on me at the time mentioned to enquire whether of E- A- slade- ilr. Slade's resignation would be accepted. It would appear from the statement in the Memorial that Mr. Slade had been applied to by me to resign, whereas no such thing took place, or was even thought of; the overture came from Mr. Slade, and was accepted from a desire to perform an imperative public duty in the manner least prejudicial to the offending party; but no intimation was or could be given of the slightest intention of conferring on Mr. Shale any appointment whatever. The permission to resign. after his removal had been notified to him, was considered an act of pure grace. The delay of the letter, by which he intended to avail himself Delay in letter of this permission, is attributed to its not having been sent to the Office of the Colonial Secretary, with whom I had left direc­ tions, before proceeding on a journey to the Hunter's River Dis­ trict, that it should be immediately forwarded if received in r time; and I actually waited on the road sonic hours until I received a Despatch from the Colonial .Secretary informing me that no such paper bad been received at bis office. I do not recoiled having seen any draft of the letter as stated by Mr. Slade. The causes, which led to Mr. Slade's removal, are distinctlj stated land the facts are incontrovertible) in the Colonial Seer, tary's Letter of the 4th Xovember. 1834, The charges urged by Charges by Mr. Slade in this paragraph against many of the most respectable Ei )• ?lade and useful of Hie Justices of the fence iii this Colony. I believe magi tr.ites. tu l.e unfounded. It is, in truth, a contradiction in terms, as those gentlemen could not live in the open state of concubinage, which Mr. Slade describes, am] continue to be respectable, nor would persons so circumstanced, 1 am assured, be supplied with Emigrant Females by the Committee. The assertion that, Mr. Sladc'< services to the (iovernment in the punishment of Convicts (which 1 apprehend never exceeded F34 HISTORICAL RECORDS OF AUSTRALIA.

1835. the bounds of his duty, as in this case they would have been 1 June. injurious instead of serviceable to the Government) have exposed Alleged 111- him to the hatred of that class of persons in such a manner as feeling of .convicts for to interfere with the security of his life or property in ease of E. A. Slade. his settling in this Colony seems to me to be wholly gratuitous. Xeither am I aware of any trial having taken place, to which Mr. Slade had recourse for the vindication of his character from obloquy incurred in the execution of public duty. I have usually heard him spoken of in the light in which I myself regarded him, as an active and intelligent Magistrate. Inability to With regard to the prayer of his Memorial, I cannot recom­ recommend mend his restoration to office, as such a step would cause great restoration to office. public scandal, and render abortive any subsequent attempt of this Government to restrain the improprieties and indecencies of its officers by a removal from office, which they might consider as merely temporary'. Xor is it possible, under the circumstances of this case, to recommend any pecuniary allowance. The employment of Mr. Slade elsewhere is purely for the consideration of H.M.'s Government. From what I have seen of Testimony to him, I regard him as an intelligent and active person, and, if capacity of cured of his irregular propensities by the misfortune to which E. A. Slade. they have subjected him, as capable of rendering useful services in another Colony. I have, &c, RICHD. BOURKE. [Enclosure.] [A copy of this memorial is not available.]

SIR RICHARD BOURKE TO SECRETARY OF ST\TK. (Despatch Xo. 49, per ship Thomas Harrison : acknowledged by lord Glenelg. 14th Xovember. 1835.) 2 June. Sir, Government House, 2 June, 1835. Claim by I have the honor to forward a Memorial from Mr. Robert R. G. Moffatt Gerald Moffatt, late a captain in the 17th Regiment of Foot. to salary as police praying for an allowance of Salary for performing the duties magistrate at of Police Magistrate at Port Stephens during an interval of Port Stephens. 14 months, which elapsed between the discontinuance of the one Hundred Pounds per annum paid by the Australian Agricl. Co., and the payment of his Salary from the public funds under the sanction of Mr. Secretary Stanley's Despatch of the 16 Apl., 1833, when it was fixed at 10s. a day or £182 10s. per annum. As Mr. Moffatt has referred in his Memorial to his removal from his Civil Employment by my order in October last, stating that but for this circumstance he would have refrained from persever­ ing in the claim be now brings forward, and as he complains of BOURKE TO SECRETARY OF STATE. 735

being unjustly treated by this Government, it is necessary that 1835. I should concisely state the facts of the case. 2 Ju"e' Sir Edward Parry, the late Commissr. of the Company, having in the month of June, 1832, declared his intention to reduce the Salary of the Police Magistrate to £50, Mr. Moffatt addressed a offer of services letter to the Colonial Secretary, in which he stated his willing- „ "-j^lte by ness to forgo all Salary from the Company, and to perform the R- G. Moffatt. duties he had hitherto attended to as Magistrate, in addition to the command of his detachment, on being allowed forage for two Horses. I directed Mr. Moffatt to be informed in answer that I had no objection to his continuing to act as a Magistrate until the pleasure of H.M.'s Government should be known as to the appointment of a Stipendiary Magistrate at Port Stephens. but that forage, being a charge not usually contingent on the appointment of a Justice, and likely to be objected to, could not be allowed. Of these letters (which are suppressed in the Me­ morial of Mr. Moffatt), I have the honor to transmit copies. Mr. Moffatt accordingly continued in the performance of his Magisterial duties without Salary, but in the occupation of a House belonging to the Company and other advantages (such as fuel, dairy-produce, use of paddocks, etc.), allowed to the Com­ pany's servants, until September, 1833, when, having received authority from H.M.'s Government to provide a Stipendiary Magistrate for Port Stephens at the public charge, I fixed the Salary ai-anted Salary of Mr. Moffatt at 10s. a day to commence from the 1st of as P?1*™, , . magistrate. that month. Xot having received authority to pay any Salary on account of this appointment retrospectively, I took Mr. Moffatt's services into consideration in fixing this augmented amount, and, on his afterwards applying to be paid for the in­ terval, he was so informed. Mr. Moffatt's removal arose out of a representation made to Removal of Offatt me by the Commr., Lieut. Col. Dumaresq, in the month of Sep- fr0nlOffi tember last, of a Brawl which had taken place between Mr. Moffatt and one of the Servants of the Company. A copy of his letter is transmitted herewith, not being considered in the Ap­ pendix to Captn. Moffatt's Memorial. The conduct of Mr. Moffatt appeared to me, even according to his own version of the trans­ action, to be so destructive of all respect due to himself in the important station he held at Port Stephens as to render it in­ cumbent on me immediately to remove him from his Appoint­ ment at that place. I at the same time entertained a hope (though I refrained from holding out to him any expectation of the kind) that I might in process of time be able to reinstate him in a similar appointment elsewhere. The wanton and absurd misrepresentation, to which he has resorted in his Memorial, has 736 HISTORICAL RECORDS OF AUSTRALIA.

1-:;.-.. however placed beyond doubt his unfitness for such employment. 2 June. His charge against this Government of a breach of faith is suffi­ Denial of ciently answered in the above statement of facts. His remunera­ alleged breach of faith by tion has not only exceeded the allowance of forage for which la- government. volunteered to perform the duty in the letter he has disingenu­ ously suppressed; but, as the Salary was nearly doubled for the fifteen months of his receiving it after it began to be defrayed by the Government, he has received in the whole about the same, which the Company would have paid him on the supposition that the arrangement subsisting on his entrance on office had con­ tinued during the entire period of his performing the duty of Magistrate. As to the Sale of his Commission, I informed Lt. (!ol. Despard, his Commanding Officer, in answer to his enquiry, that this step would not of itself be any reason for depriving Captn. Moffatt of his civil appointment, if he continued to fulfil its duties to the satisfaction of this Government. The question appeared to arise from the circumstance of the Civil duty having been up to that time connected with the Command of a Military Detachment, for which Captain Moffatt was about to disqualify himself. It was answered in this point of view, but no assurance was conveyed, express or implied, which could render it pos­ sible, by any stretch of reasoning, to regard his removal as a breach of faith. He has attempted to support a malicious in­ sinuation, as to the motives which dictated his removal, by a mis-statement of fact. The Salary of his successor, who is a Civilian, instead of being, as he asserts, augmented nearly £100, is fixed at £200, £17 10s. only above that which Mr. Moffatt received in addition to his full pay as a Captain. Inability to I need hardly add to this explanation of the nature of the support prayer of memorial. application, contained in the Memorial now forwarded, that I am unable to support its prayer by any recommendation. I have, &c, RICHD. BOURKE. [Enclosure A.I [A eopg of this memorial is not available.]

[Enclosure B.l CAPTAIN MOFFATT TO COLONIAL SECRETARY MACLEAY. Sir. Police Office. Port Stephens. 14 .Tune, 1832. Offer of I have the honor to state, should it meet with the approval of services as His Excellency the Governor to continue me as resident Magis­ magistrate by trate of this Extensive District, that I will perform the duties R. G. Moffatt. without any further Expense to His Majesty's Government than the allowance of Forage for two Horses ; should this proposal meet the approbation desired, it will at once releive the Australian Agri­ cultural Company from the One Hundred pounds per year paid to the Magistrate, and will fully place me in that situation that I BOURKE TO SECRETARY OF STATE. 737 can with Independence perform my Duty, as it should be done. 1835. In making this offer, I am confident that the advantages spoken of 2 Ju»e- in Sir Edward Parry's letter to me of the. 11th inst. will be con- 0SeT^~ tinned, as they cannot be procured otherwise. services as I further beg leave to point out that my being allowed to remain, masristrate by as I propose, will in another point of view save the Government R-G - Moffatt. what will be allowed on my joining my Regiment, namely Lodging Money at the rate of £70 per year, and Coals, which will amply cover the expense of Forage for two Horses. Trusting that I may be excused for attempting to make any pro­ position on the subject, which is done from my sincere wish that this District which I have been residing in for Sixteen Months should not be left without the protection of a Magistrate, and also to shew that a Magistrate cannot be appointed on a more economical principle, I have, &c. R. G. MOFFATT, Captn., 17 Regt.. Resident Magistrate. [Enclosure O] COLONIAL SECRETARY MACLEAY TO CAPTAIN MOFFATT. Sir. Colonial Secty.'s Office. Sydney. 6 July, 1832. I have had the honor to receive and lay before the Governor Letter your two letters of the 14th ultimo, communicating one addressed acknowledged. to you by Sir Edward Parry on the subject of the Police Establish­ ment at Port Stephens, and expressing your desire to obtain an allowance of Forage for two Horses in lieu of the Sum paid to you by the Australian Agricultural Company. In reply, I am directed to inform you that His Excellency has no conditions for objection to leave you in Command of the detachment at Port appointment of Stephens, and with the Commission of the Peace to enable you to R-G - M°ffatt. act Magisterially at that place until the pleasure of his Majesty's Government shall be known upon the proposal Submitted lately for the establishment of a Stipendiary Magistrate at that Station; but the Governor cannot allow forage to you. as it is an expense not usually contingent on the appointmt. of Justices and would there­ fore lie objected to. Stationary, Irons, Handcuffs and any other usual Police Contin­ gency will be supplied on your applying to this office for the same by Requisition ; lint His Excellency requests that you will inform Sir Edward Parry that, if he objects to your using the Court House, Constables, Clerk or any other permanent part of the Police Estab­ lishment for the purposes of the District generally. Iiis Excellency will feel himself obliged to withdraw the Magistrate. I have, &e. ALEXR. MCLEAY. [Enclosure D.l LIEUT.-COLONU, DUMARESQ TO COLONIAL SECBETABY MACLEAY. Sir. Port Stephens. 0 Septr., 1831. I have flu- honor to transmit, for the purpose of being sub- Report re mitted to His Excellency The Governor, the subjoined statement of misconduct of a Brawl which took place on Thursday afternoon last at the Resi- B. G. Moffatt. denceof Mr. II. Hall, In which it appears that Captain Moffatt and his friend Mr. Stewart (both at the time being Mr. Hall's Guests) were principally Concerned. Copy of Mr. II. Hall's Statement, dated Stroud, ."th September, 1.834. SER'. 1. Voi,. XVII—3 A 738 HISTORICAL RECORDS OF AUSTRALIA.

1335. I came in from Booral some time after Captain Moffatt had held 2 June. Court, and, after some general Conversation, he began talking about Report re the Working Bullocks he wanted to purchase. misconduct of I told him Col. Dumaresq had decided he was not to pick them R. G. Moffatt. and that, as Captain Collin's Man had arrived, I must first select them for him. Captain Moffatt then broke out in his usual way; said that I had behaved in a Blackguard manner about the Sheep, and that I always tried to humbug him in everything he bought, and got so violent that I told him, if he could not speak in a proper manner. he had better leave the house. This made him ten times worse. He said the House was not mine; and he would stay as long as he liked. He then sat down, and I took up a Newspaper; But he still went on saying, how ill I had used him; at last he said I was a Black­ guard and a Scoundrel. I then told him that I thought him the greatest Scoundrel and Blackguard of the two for making use of such language. He imme­ diately got up to get a Horsewhip, saying " You dare to call me a Scoundrel." I went to prevent him for taking a Whip, when he made a blow at me which I parried, and returned full in his face. and immediately closed on him to prevent further mischief. Messrs. Stewart and Swayne with some trouble got Captain Moffatt out of the Room. A Minute or two after, Mr. Stewart came up to me. as we were talking in the Verandah, and without my giving him the least provo­ cation called me a damned Blackguard. I immediately gave him a blow on the side of the head, which sent him some little distance out of the Verandah where he stood, and told me he wouldfind an­ other mode of settling it. I replied that he might settle it how he liked. On this, and without my being at all aware of it. Captain Moffatt. who had been sitting in the Verandah, jumped up and struck me a most tremendous blow on the eye. I was making towards him, when Mr. Swayne jumped before me and prevented me. I shall only add that Mr. Swayne concurred in the accuracy of the foregoing statement, which, from the tenor of Sir Edward Parry's Correspondence with Captn. Moffatt, as Ifind i t Recorded in the Books of this office, seems only to confirm an impression which this Correspondence Conveys, that Captain Moffatt's general Conduct is deficient in that temper and discretion which is so Essential in his Judicial Capacity. I beg to enclose herewit[Sub-enclosure.h the Copy ]o f a letter which I have addressed to Captain Moffatt apprising him of the Course I was LIEUT.-COLONEL DUMARESQ TO CAPTAIN MOFFATT. about to pursue on the occasion. I have. &c, Sir. Port Stephens, 9th September, 1834. H. DUMARESQ. Report to be A Statement having reached me yesterday of the Brawl. transmitted which took place on ThursdaCommissioney the 4thr inst for. thate thA.Ae. Residenc Companye. o f to governor. Mr. H. Hall, I beg to inform you that I shall transmit a Copy thereof by this day's Post for the purpose of being submitted to His Excellency the Governor. GLENELG TO BOURKE. 739

As Mr. Stewart, who I believe is your Guest, appears to me to is.35. have taken a most improper part in the occurrence alluded to, I - June. hope that you will not consider the sense I entertain of his Conduct as being evinced with undue Severity, when I suggest that he may be requested to leave the Settlement. I have, &c, H. DUMARESQ.

SIR RICHARD BOURKE TO SECRETARY OF STATE. (Despatch No. 50. per ship Thomas Harrison; acknowledged by lord Glenelg. 15th Xovember. is:;:,.) Sir, Government House, 3 June, 1835. 3 June. I have the honor to transmit a Memorial from the Widow Request by of Charles Thomas Smeathman, Esqre., late coroner for this smtaThman for Town and District, praying that she may be allowed a Pension pension or land or a Grant of Land. From the nature of the Testimonials, at- gl tached to her application, it will be evident that I could do no less than forward it. I have, &c, RICHD. BOURKE. [Enclosure.] [A copy of this memorial is not available.]

LORD GLENELG TO SIR RICHARD BOURKE. (Despatch No. 8, per ship Mary Ann.) Sir, Downing Street, 20 June, 1835. 20 June. I have received your Dispatch Xo. 92 of the 18th of Sep- Despatch tember last on the subject of Emigration, as aided by bounties accrowe se • and advances from the Laud Revenues of Xew South Wales. Having duly considered your representation of the want of Free bounty to Agricultural Laborers and Mechanics in the Colony, and of the agricultural" consequent difficulty which you have experienced in procuring a labourersas number of Mechanics sufficient for carrying on the Public Works without withdrawing them from the service of Private Indi­ viduals and embarrassing their operations, I have now to acquaint you that, in order to afford a stimulus to the emigra­ tion of those Classes of Persons, His Majesty's Government have come to a resolution to convert the Loan of £20, which has hitherto been made to young married Mechanics and Agricul­ tural Laborers, into a free bounty of the same a unt. Con­ sidering also the extreme difficulty, which you have experienced Remission of in recovering such Loans, and the mischief which would evidently \','^",",'"' result from an attempt to enforce repayment by Legal Process, immigrants. it has also been determined to remit any claims to the repayment of Loans to Emigrants which may still remain unliquidated. I am, &c, GLENELG. 710 HISTORICAL RECORDS OF AUSTRALIA.

1S35. UNDER SECRETARY HAY TO Sm RICHARD BOURKE. 21 June. (Despatch per ship Mary Ann. I Sir, Downing Street, 21 June, 1835. Correspondence With reference to former Correspondence relative to the re control of military and arrangement for placing the Military and Convict Buildings in convict the Colony of New South Wales under the charge of the Ord­ buildings. nance Officers, I am directed by Lord Glenelg to transmit to you for your information and guidance a copy of a Letter from the Secretary to the Treasury, enclosing copies of a Correspondence, which he has had with the Secretary to the Board of Ordnance with regard to certain points connected with that arrangement. I am, &c, R. W. HAY. [Enclosure No. 1.]

HON. J. STEWART TO LTXDER SECRETARY HAY. Sir, Treasury Chambers. 13th June. 1835. I am commanded by the Lords Commissioners of His Ma­ jesty's Treasury to transmit to you the Copy of a Letter from the Secretary to the Board of Ordnance of the 1st Instant respecting the Military Buildings to be placed in charge of the Officers of the Ordnance Establishment in New South Wales, together with Copy of their Lordships' reply thereto of the 13th Inst, in order that they may be submitted for the information of Lord Glenelg. I am. &c. J. STEWART. [Enclosure No. 2.] MR. R. BYHAM TO HON. J. STEWART. Sir, Office of Ordnance. 1 June. 1835. Proposed Captain Kelsall, appointed Commanding Engineer in Van I>ie- authority for continued t nien's Land, having represented that, from the great distance of repairs to the Colony, a considerable time must elapse before any Estimates buildings, can be forwarded to or authorized from this Country, and. to pre­ vent any inconvenience that might arise to the service, it appears to him necessary that expenditure to a certain extent by the respec­ tive Officers of the Ordnance should be sanctioned for the year 1836 for contingent Repairs to the Barracks. Commissariat Buildings and Ordnance Works and that he presumes a similar sanction will be necessary for the contingent repairs to the Convict Buildings. I have the honor by command of the Master General and Board of Ordnance to request you will bring the subject under the con­ sideration of the Lords Conimrs. of His Majesty's Treasury, in reference to their Lordships' communication of the 21st November last on the subject of sending out an Ordnance Establishment to Van Diemen's Land. In that Letter, the repair of the Military and ('onvict Buildings are mentioned generally as intended to be conducted according to the Ordnance system; but the Master General and Board presume it is not meant that any transfer to this Department should be made of the latter, but only that the Engineer Officer should afford his professional assistance to the Local Authorities on the spot. BOURKE TO SECRETARY OF STATE. 741 the necessary Funds to be forthcoming from the same source and 1335. consequently that the transfer to the Ordnance and matters relating 21 June. to Finance, so far as the repairs to Buildings are concerned, is p ~~T~ intended to be limited as at all other Foreign Stations to the Mili- authority for tary Buildings; but, as it is very desirable that complete under- contingent standing upon these points should be come to before the Officers repairs to of this Department quit this Country, the Master General and buildings. Board request you will move their Lordships to favour them with such further communication thereon as they may deem necessary. In compliance with Captain Kelsall's suggestion, I am also to request you will move their Lordships to extend their authority for the payment for all necessary contingent repairs to all the Military Buildings to the end of the year 1836, as requested in my Letter of the 29th Ultimo T|^ (third Paragraph) in regard to Xew South Wales. I have, &c, R. BYHAM. [Enclosure No. 3.1 Hox. J. STEWART TO SECRETARY OE ORDNANCE. Sir, Treasury Chambers, 13th June. 1835. Having laid before the Lord Commissioners of His Majesty's Instructions re Treasury your letter of the 1st Instant respecting the Military expenditure on Buildings to be placed in charge of the Officers of the Ordnance UI ing9' Establishment in New South Wales. I am commanded by My Lords to refer you to the communication made to you of 13th Inst, and to desire you will state to the Master General and Board of Ordnance. that the arrangements therein sanctioned with respect to the Mili­ tary Buildings at New South Wales may be considered to extend to similar services at Van Diemen's Land; you will further observe to the Master General and Board that it is my Lords intention that the Expenditure for Military Barracks, Buildings and Works only, should in thefirst instanc e be provided for by the Ordnance Depart­ ment, but at the same time that the Convict Buildings are to be under the charge of the Ordnance Officers in New South Wales and Van Diemen's Land subject to the general control of the respective Governors of the Colonies, by whose authority the expenditure for them will continue fo lie defrayed out of the Funds provided to meet Convict Charges, and to such ulterior arrangement in this respect as it may be found expedient to adopt when the reports upon the state of thesSIRe RICHARBuildingsD BOURK, whicEh TitO wilSECRETARl be onY e OoEf STATEthefirst . Duties o(Despatcf the Ordnanch No. e53 ,Officer per shis pt oAlbion make,; acknowledgeshall have beed bny receivelord Glenelgd and, considered. 10th December, 1835.) I have, &c, Sir, Government House, 21 June, 1835. J. STEWART. I greatly lament to have again to bring under the notice Want of .tructions re of H.M. Govt, the serious embarrassment I sustain for want of In il l.\ jury rn the instructions, which I have earnestly solicited on the subject of criminal cases Trial by Jury in Criminal cases in this Colony by the Des­ patches referred to in the Margin.* The intimation conveyed in

'Marginal note—6 Feby., 1832, No. 16; 12 Septr., 183:1. No. 69. 742 HISTORICAL RECORDS OF AUSTRALIA.

1835. the last paragraph of Mr. Secretary Rice's Despatch of the 14th 21 June. Xovember last, Xo. 20, encouraged a hope that I might have been honored with a reply to those communications before the present Session of the Legislative Council should be so far advanced as to make it necessary to resort again to an incon­ venient temporary expedient. Having been disappointed in this Temporary expectation, I have been obliged to propose to the Council the renewal of jury bill. renewal for a year of the measure* of 1833, with a few alterations, remotely, if at all, affecting the matter at issue between the parties who divide the Colony, namely the right of Emancipists Problem of right of to sit on Juries. The concession of this right is, as you are aware, the great obstacle to the passing of the Jury Act in a sit on juries. Council composed almost entirely of the Emigrant Party. This question was revived in Council with as much warmth on the part of those, who oppose the Emancipists as was witnessed in 1833, and as I have described in my Despatch* reporting on the Act of that year. The renewal of that act till the 30th June, 1836, was, however, agreed to without a division on the under­ standing that this Government would take the earliest oppor­ tunity of communicating to the Council the instructions, which are expected from H.M.'s Ministers. I need not again go over Public opinion the grounds which induced me to represent that the institution of jury.'8 Y Juries upon the English System is desired by the great majority of the People of Xew South Wales, and my opinion that the means for forming competent Juries are in existence. The inti­ mation, given by Lord Howickf in the House of Commons in June, 1832, led to a confident belief that the King's Government had actually consented to the institution. This consent being Expectations ot given in reply to a Petition, in which the Emancipists and their avowed supporters were amongst the most forward of the Peti­ tioners, no doubt seems to be entertained by them that, in grant­ ing the measure, the Emancipists will obtain the same right to be chosen to sit on a Jury as is possessed by any Person under the same circumstances in England. This concession will, how­ ever, be strongly contested in the Legislative Council, and should it be denied, it will in my opinion be more advisable to revert to Military Juries altogether, until the formation of a Legislative Body, representing more fully the opinions of the People, shall be in readiness to decide the question. I trust that, before the expiration of the period to which the act now passed is limited, I shall be in a condition to bring the matter to an issue, as I feel very strongly the mischief which arises from the periodical discussion of a question fraught with so many jealousies and disputes. j have &c. * Note 173. f Note 48. RICHD. BOURKE. GLENELG TO BOURKE. 743

LORD GLENELG TO SIR RICHARD BOURKE. 1835. 99 June (Despatch No. 9, per ship Mary Ann.) Sir, Downing Street, 22d June, 1835. I have to acknowledge the receipt of your Dispatch dated Rules and the 5th of September last Xo. 79, enclosing Copies of various supreme court. Rules and Orders established by the Judges of the Supreme Court of Xew S. Wales for the conduct of Judicial business in that Colony. Of these Rules, a large number bear date in the first Term of the year 1834. The others are without date, but appear from a Marginal note in your Dispatch to have been promulgated at the same time. In looking through the Rules, I have not found any provision Suspension of which appears to call for particular notice. Conscious however ^fsanosrance °r as I am of the difficulty or rather impossibility of bringing pending report Regulations of this nature to any satisfactory test, except that of rom 3 experience, especially when they are to operate in a Country so remote, and amongst a population so dissimilar from our own, I have not thought it right to advise His Majesty either to con­ firm or to disallow them. His Majesty's decision will be sus­ pended until I shall have received through you, from the Judges, a Report of the practical results with which these Rules may have been attended, since the time when they took effect and acquired the authority of Law in Xew S. Wales. You will request the Judges to supply me with such a Report in which they will have the goodness to state, not only their general opinion how far these Rules have been conducive to the advancement of Method, Economy, and promptitude in the dispatch of the Judi­ cial business of the Colony, but also the particular grounds from which that conclusion may be drawn. Such a review of the past will probably suggest some improvements in this part of the Administration for the future. I am, &c, GLENELG.

LORD GLENELG TO SIR RICHARD BOURKE. (Despatch No. 10, per ship Mary Ann.) Sir, Downing Street, 23d June, 1835. 23 June. I have to acknowledge the receipt of your Dispatch Xo. 125 Approval of of the 9th of December last, in which, with reference to former ^'"nnl'u'i"'" " Communications, you report that you have commenced acting Bangs by upon an arrangement for placing the Convict Gangs employed "" ' 'u> ° 1C01: on the Roads and the Government Works under the superintend­ ence of Military Officers. I approve of the general principle of this arrangement, which appears well calculated to produce an efficient control over the 744 HISTORICAL RECORDS OF AUSTRALIA.

1S35. Convict Gangs, without that division of authority which existed " ' under the old system; and I have the satisfaction to acquaint you superintend* ^at the General Commanding in Chief has expressed his entire of convict concurrence in the measure, in a Military point of view. I also iiumaiby officers, approve of the rates of allowance, which you propose to grant to the different Military Officers employed on this Service; and it may be proper to acquaint you, in order to remove any doubt which may be felt on that point, that the Secretary at War has decided, on reference being made to him, that the receipt of those allowances will not, under the Army- Regulations, subject the Officers to any deduction from their Regimental Pay. I am, &c, GLENELG. SIR RICHARD BOURKE TO SECRETARY OF STATE. (Despatch No. 55. per ship Albion; acknowledged by lord Glenelg, 13th December. 1835.) Sir, Government House, 23 June, 1835. Proposed land I have the honor to forward a Memorial signed by a con- to^Fto c. 3F rewar. d siderable number of the principal Colonists, soliciting my recom­ Sbeppearc mendation to H.M.'s Govt, in favor of Mr. Charles Fisher Shep- peard for a gratuitous grant of Land in consideration of the desperate resistance with which he lately met an attack of some armed Runaway Convicts on the property of the Gentleman by

Test imony whom he was employed as an overseer. in favour of Without presuming to dictate whether a departure from the proposal. Regulations is admissable on any application of this kind, I am bound in justice to Mr. Sheppeard to declare that the courage, he exhibited on the occasion referred to, was such as has rarely been equalled, and cannot be surpassed. If merit of this kind is ever to be rewarded in the manner desired by the Petitioners, I beg leave to recommend Mr. Sheppeard as a person possessing as strong a claim as can possibly be urged on such an account. I have, &c, RICHD. BOURKE. [Enclosure.] [A copy of tiiis memorial is not available.]

LORD GLENELG TO SIR RICHARD BOURKE. (Despatch No. 12, per ship Mary Ann.) 25 June. Sir, Downing Street, 25th June, 1835. Readjustment With reference to the recent arrangements for separating of expenditure. the Expenditure for the Military and Convict Establishments in the Australian Colonies from the Police and other charges, which have hitherto been defrayed from the Military Chest, and for GLENELG TO BOURKE. 745

placing in custody of the Ordnance Department the Military 1835. Buildings and Stores and the Buildings and Stores occupied by the Convicts, and also the Stores and Clothing required for the use of the Convict Establishments, I now transmit to you a copy of a Letter which has been addressed to my Under Secretary of State by the Secretary to the Ordnance, containing two sugges­ tions on-the part of the Master General and Board: First, that, Proposals re in cases where any Buildings which may fall under the charge of occupied by the Ordnance may be occupied in whole or in part by the Police, t,ohce- the Colony should pay an annual rent sufficient to cover the expense of repairs arising from such occupation; and secondly, that, as there appear to be numerous out buildings attached to Barracks, etc., which are unnecessary- and in a dilapidated state, all such Buildings should either not be taken charge of by the Ordnance, or, if they are handed over, that the materials should be disposed of in such manner as the Ordnance Officers may con­ sider most advisable, without the delay of waiting for specific orders from England, but reporting the result of their proceedings as opportunities may occur. Concurring as I do in the expediency of both these sugges- Proposals to tions, I have to request that you will take such measures as may Jeiuop e • he necessary on your part for carrying them into effect, as far as relates to the Colony under your Government; and I have only to add that, in order to avoid future discussion, it will be proper for you to use the utmost precision in defining what Buildings are to be devoted in any way to the service of the Police, and maintained by the Ordnance. I am, &c, GLENELG. [Enclosure.] MR. R. BYHAM TO UNDER SECRETARY HAY. Sir, Office of Ordnance. 29 May, 1835. The Master General and Board of Ordnance having received a Readjustment Communication from the Lords Commissioners of the Treasury ot expenditure n stating that His Majesty's Government have decided upon the ."J|(1 "o;,vict adoption of arrangements for separating the expenditure for the establishments. Military and Convict establishments in the Australian Colonies from the Police and various other charges, which have hitherto been likewise defrayed through the Military Chests from the Funds of this Country; and that, in pursuance of these arrangements, their Lordships conceive it will be advisable that the charge of the Military buildings and stores, and of the buildings occupied by the Convicts, and the stores and Clothing required for the use of the Convict establishments, the expenditure relating to which services will continue to be borne by this Country, should lie placed under the charge of Officers of the Ordnance department. I have the honor to apprize vou of the same for Wle information of the Secretary of State for the Colonies, and to state tnattne Master General and Board propose, in respect to any buildings mat * 74(i HISTORICAL RECORDS OF AUSTRALIA.

1835. may fall under the charge of the Ordnance and be fully or partly 25 -June. occupied by the Police, that the latter should be required to pay an Rent proposed annual rent for such accommodation, sufficient to cover the expense on buildings of repairs arising from such occupation; and. if his Lordship should occupied by police. concur in this view of the question, the Master General and Board beg to suggest that the necessary directions may be sent to the Proposed Governor of New South Wales upon the Subject. demolition of From the Annual reports of the Committees on the state of the out-buildings. public buildings, it appears that there are numerous out buildings attached to Barracks, etc., which are unnecessary and in a delapi- dated state, and the Master General and Board therefore propose that all out buildings attached to barracks, etc.. that may be con­ sidered useless, should either not be taken charge of by the Ord­ nance, or, if they are handed over, that the Materials should be disposed of in such maimer as the Ordnance Officers may consider most advisable without waiting orders from England, reporting however the result of their proceedings as opportunities occur. If Lord Glenelg should also concur in this proposition, the Master General and Board request you will move his Lordship to make the necessary Communication to the Governor of the Colony, that it may be adopted and acted upon by the Ordnance Officers there. I have, &c, R. BYHAM. SIR RICHARD BOURKE TO SECRETARY OF STATE. (Despatch No. 57, per ship Albion; acknowledged by lord Glenelg. 9th December, 1835.) Sir, Government House, 25 June, 1835. Transmission In conformity with the Regulation by which I am required of memorial from J. Greig. to forward Communications addressed to the Secy, of State, I have the honor to transmit a Memorial from Mr. James Greig praying that he may be permitted to re-select an additional grant of Land under an order of General Darling dated in 1829, which order has been cancelled for want of proper selection in due time under the Regulation in that behalf. Explanations In a Memorial addressed to me in the year 1833, the omission re omission to select land. was attributed to the fault of the Agent, entrusted with the Selection of the land, in neglecting to inform his principal of the rejection of his first selection as objectionable, or to follow it up by another. Mr. Greig was informed, in reply, that I was unable to relieve him from the consequence of this neglect. It is now for the first time stated that the nondelivery from the Post-Office of the letter of the Surveyor-General requiring a fresh Selec­ tion was the sole cause of the omission. The Agent's affidavit to this effect is appended; but, however this may be, the long acquiescence of Mr. Greig in an entire ignorance of the fate ears to me fatal to the merits of his case. selection app^ I have, &c, RICHD. BOURKE.

^ BOURKE TO SECRETARY OF STATE. 747

[Enclosure.] 1835. THE humble Memorial of James Greig, of Prospect, in the " ' Colony of XTew South Wales, a free Settler; Memorial 17 ' from J. Greig. To His Majesty's Principal Secretary of State for the Colonial Department. Humbly Sheweth, 1. That Your Memorialist arrived in this Colony in the year 1*24. Arrival in as a free Emigrant, bringing with him an available Capital of colon-v- (£900) Nine hundred Pounds Sterling, the whole of which was designed for investment in Agricultural Purposes. 2. That, some Months after his arrival, Sir Thomas Brisbane. Land grant. then Governor in Chief of the Colony, granted to your Memorialist Five hundred Acres of Land, with the promise that, provided he should make reasonable improvements thereon, in the course of a few years he should be entitled to a further Grant. 3. That, in about a year after your Memorialist received the said five hundred acres of land, Sir Thomas Brisbane departed from this Colony. 4. That, on the 27th July. 1829. Your Memorialist applied to Application tor- General Darling, then Governor in Chief, for the further Grant of extensionof Land promised as aforesaid by His Excellency's predecessor. Your an glan ' Memorialist having in the interim cleared and enclosed One hun­ dred and forty acres of his farm, and brought a large proportion thereof into a state of productive cultivation, and having also expended considerable Sums of Money in the erection thereon of a substantial dwelling house, barn, a stone dairy, and other out­ houses. 5. That, in reply to the said application, your Memorialist re­ ceived from the Colonial Secretary the usual printed letter, dated the 23rd November, 1829, stating that the application had been referred to the land board, before whom your Memorialist was desired to hold himself in readiness to appear, with the necessary proofs of the actual amount of his Capital at that time available in the Colony for agricultural Purposes, according to the regula­ tions then existing; and also to shew what improvements had been made on his Original Grant. 6. That Your Memorialist appeared before the Land Board accordingly, and so fully satisfied them on both the points referred to their investigation, that he received from the Colonial Secretary a letter, dated 3rd February. 1830, informing him. by the Gover­ nor's command, that, on his waiting upon the district Magistrate, and executing the usual engagement to reside in the Colony for at least three years. Your Memorialist would immediately receive authority to select the number of Acres which His Excellency had been pleased to order for him. Vide Appendix A. 7. That your Memorialist, having complied therewith, received from the Colonial Secretary the usual printed letter, dated 29th May. 1830, authorising him to select Six hundred and forty acres (640), according to the regulations; and he also received from the Sm veyor General the usual printed circular, dated 24th August. 1s:!i). addressed "To any one of the Surveyors, or Assist"'.1 .^uiveyors requiring him to afford to your Memorialist every necessary in­ formation for facilitating his Selection, _ 8 That Your Memorialist, -v.».j .ng to select his land in the Southern Districts of the Co'-. .. and his own residence being in 748 HISTORICAL RECORDS OF AUSTRALIA.

1335. the Northern, authorised and instructed Mr. Andrew Brown to 2f> June. select the same in your Memorialist's name and behalf, duly Selection apprising the Government that he had made such an Arrangement. of land li\ 9. That Mr. Brown accordingly proceeded into the Southern Dis­ A. Brown. tricts without loss of time, and at length selected the land ar Illawarra, and duly reported the same to the Surveyor General. 10. That, from the time of his making the said Selection. Mr. Brown took up his abode in the interior, performing, however, occa­ sional Journeys to Sydney, and always calling, during those visits, at the General Post Office, for any letters lying there to his address, through which Channel he expected to receive the Surveyor General's reply to his aforesaid report. Delay irr 11. That, late in the year 1832, Mr. Brown found at the Pest transmission Office a letter from the Surveyor General, dated 11th November, )f letter. 1830 (nearly tiro years prior to its delivery), informing him that the land he had selected for your Memorialist had been previously bespoken, and begging him to make another selection. Vide Appendix B. 12. That Mr. Brown, astonished at so extraordinary a delay in the delivery of the said letter, made every enquiry in his power at the General Post Office and other public Establishments as to the cause thereof, but could obtain nothing like a satisfactory ex­ planation. Cancellation 13. That, as early as possible after the receipt of the said Letter, of order for both Mr. Brown and Your Memorialist made application at the land grant. office of the Surveyor General, where, to the great grief and vexa­ tion of your Memorialist, they were informed that, in consequence of non-attention to the aforesaid letter of 11 November, 1S30. General Darling's order for the Grant had been cancelled. 14. That your Memorialist more than once appealed to His pre­ sent Excellency, Major General Bourke, for that redress to which Refusal of he could not but feel himself fairly entitled; but His Exeelleucy, redress by R. Bourke. not deeming himself authorised by the regulations of His Majesty's Government to renew the cancelled order, replied to that effect by letter from the Colonial Secretary, the last of which, dated 25th September. 1833, informs your Memorialist that, altho. His Excel­ lency regretted the loss he had sustained, he could not consistently comply with your Memorialist's request. Vide Appendix C. Appeal to secretary of 15. That your Memorialist now begs most humbly to appeal to •state. His Majesty's enlightened Government for redress, indulging a confident hope that their Sense of Justice and good faith will not leave a free British Subject to be deprived of a recognised ami admitted right, merely because an act of inadvertence or negligence on the part of their own Servants had put it out of his power to comply with certain points of official form. 16. That your Memorialist's present Appeal would have been for­ warded much sooner, but that some difficulty occurred as to the form in which it ought to be presented, whether to His Most Graci­ ous Majesty in Council, or to the Right Honorable the Secretary of State for the Colonies. Wherefore YcVur Memorialist humbly prays that you. Right Hon­ orable Sir. will be pi"ea>'"d to take the premises into your favorable consideration, and either dJrect His Excellency the Governor to authorise your Memorialist to select ' _y- quantity of land promised to him by General Darling, or. she, *<&1 not be satisfied with the prima facie merits of his Case, as,^° .pported by the Affidavits BOURKE TO SECRETARY OF STATE. 749 subjoined hereto, that you, Right Honorable Sir, will be pleased to i8S5. refer it to the investigation of His Excellency in Council, with an -->June- Instruction that, provided he establish the truth of his allegations. His Excellency shall be empowered to afford to your Memorialist adequate redress. And Your Memorialist, as in Duty bound, will ever pray, etc., etc. Sydney, 14th Novr., 1834. JAMES GREIG. [Appendix.] [A] MR. T. C. HARINGTON TO MR. J. GREIG. Sir, Colonial Secretary's Office, Sydney, 3d Eebruary, 1830. With reference to your application of the 17th July last for additional land. Land to I am directed by His Excellency the Governor to inform you that, on your waiting be granted. upon James Glennie, Esqr., J.P., Patrick's Plains, and executing the usual engage­ ment (which has been sent to him) to reside in the Colony for at least three years, you will immediately receive authority to select the number of Acres, which His Excellency has been pleased to order for you. I am, etc., T. C. HAEI.VOTON". [B] SURVEYOR-GENERAL MITCHELL TO MR. A. BROWN. Sir, Surveyor General's Office, 11th Xovember, 1830. With reference to your selection of Six hundred and forty acres of Land at Prior Illawarra on the part of Mr. James Greig, I have to inform you that the Land applications for adjoining Ritchie's Three hundred Acres on the South Bank of the Mummuarra land selected. River (called by you the Memoisa) has been applied for to purchase by Mr. Cowell, who also holds it on a Grazing Lease ; moreover the Land on the North Bank of the Mummuarra, adjoining Ritchie's other 300 acres, has been applied for to purchase by Mr, Farmer ; under these circumstances, I must beg you to make another selection, ami request that you will be more particular in the description of it, stating on which side of any river or creek it may be, as also the adjoining Farm, I am, etc., T. L. MITCHELL, Sr. Gl. [C] COLONIAL SECRETARY- MACLEAY TO MR. J. GREIG. Sir. Colonial Secretary's Office, Sydney, 25th September, 1832. I am directed by the Governor to acknowledge the receipt of your Memorial Refusal to of the 18th Inst, renewing your application for the 640 acres of Land, for which grant land. you received an order to select from General Darling, and in reply to inform you "that, although His Excellency regrets the loss you sustain, He cannot consistently complv with vour request. I am, etc., AI.EXR. MCLEAV.

IX THE MATTER OF AN APPEAL TO 11 IS MAJESTY'S GOVERNMENT. Cumberland, New South Wales, to Wit. AIJDKEW BROWN, of Windsor, in the Colony aforesaid, Grazier, being duly sworn, Affidavit by Maketh Oath and Saith, that, in the year of Our Lord One thousand eight hundred A. Brown. and thirty, he was employed by Mr. James Greig, the present Memorialist, to act as his Agent for selecting Six hundred and forty aero ol Land, which had been promised to him, the said James Greig, by His Excellency I.ieut. General Darling. then Governor in Chief of the Colony; and that in pursuance thereof he did make a -c lection, and duly reported the same to the Surveyor General, not doubting thai the- .-aid Selection would lie approved and confirmed. And this Deponent further Saith that, after having so reported Iiis selection a aforesaid, he called several times at distant intervals at the General Post Office in Soli.c c for anv answer thereto that might have heiw sent by the Surveyor General; but was always informed that no such letter was there, until about the latter end of the vear, One thousand eight hundred and thirty two, when there was delivered to him a letter from the Surveyor General to himself dated the 11th November, 1830, whereof a Copy is hereunto appended. Viid this Deponent further Saith that, during the said interval of tune, both him.ell ami the said James Greig were resident in distant parts of the interior, and that he (Deponent) called at the General Post office on each and every occasion ot his \isiting the Town of Sydney. Ariel this Deponent further Saith that the long delay in the delivery of the afore­ said letter from the Surveyor General was the sole cause of Mr. Greig s land not having been finally selected within the time allowed for the same. ANDREW BRO\I V Sworn before me. this 1 lth daj of November, 1834 :—A. R. SIMRK, J.P. A true copy as contained in the original of this Memorial. 750 HISTOBICAL EECOKDS OP AUSTRALIA.

1835. IN THE MATTER OF AN APPEAL TO HlS MAJESTY'S GOVERNMENT. 25 June. Cumberland, New South Wales, to Wit. JAMES GREIG, of -Prospect, in the Colony aforesaid, Farmer, being duly sworn, Affidavit Maketh Oath and Saith, that the several Matters and things alleged in the fore­ by J. Greig. going Memorial from himself to the Right Honorable the Secretary of State for the Colony, are, to the best of Deponent's knowledge and belief, strictly true and correct. JAMES GREIG. Sworn before me this 14th day of November, 1834 :—H. C. WILSON, P.VI.

' LORD GLENELG TO SIR RICHARD BOURKE. (Despatch No. 13, per ship Mary Ann.) 26 June. Sir, Downing Street, 26th June, 1835. Approval of Your Despatch No. 56 of the 30th June, 1834, having been admission referred for the consideration of the Lords Commissioners of of schooner Kaliopapa to the Treasury, I have the honor to acquaint you, in answer, that trade. their Lordships have informed me that, adverting to the peculiar nature of the Commercial relation between the Australian Colonies and the Islands in the Pacific, and to the political situation and condition of the Inhabitants of those Islands, their Lordships are not disposed, under the particular circumstances stated in your Despatch, to disapprove of the proceedings, which you adopted with respect to the admission of a Vessel from the Sandwich Islands called the "Kaliopapa," to entry at the Port of Sydney, New South Wales. I am, &c, GLENELG.

SIR RICHARD BOURKE TO SECRETARY OF STATE. t Despatch No. 58, per ship Albion ; acknowledged by lord Glenelg, 1st February, 1830.) Sir, Government House, 26 June, 1835. Transmission of I have the honor to transmit for your information a copy regulations for of " Regulations for the Assignment of Male Convict Servants," assignment of male convicts. which are intended to have effect from and after September next. My Chief object in this measure has been to substitute, for the invidious discretion hitherto more or less vested in the officers invested with the duty of assigning convicts to private service, strict rules of qualification, intelligible alike to the dispenser and receive? of Convict labor, and from which no deviation shall be permitted. It is not until after much delay, and after maturely weighing the suggestions of various parties, that I have venture! to deal with this important and difficult subject. The original Draft of the Regulations was printed a .year ago, and various alterations have been made in the rules at leligth adopted. I trust they will be found to reconcile many interests that were thought incompatible, and on the whole to dispose both equitably and productively of the services of the Convicts. BOURKE TO SECRETARY OF STATE. 751

The substitution of an intelligible qualification and a strict 1836. routine of business in lieu of discretionary power has removed 26 June. the chief difficulty, which I have hitherto felt in answering that part of the Despatch of Lord Stanley, dated the 25th May, 1834, No. 84, which relates to the subject of Assignments. His Lordship there states his preference of a single responsible officer with no One officer to be other employment to a Board of officers otherwise emploved but appointed for ,. -•..-. 1n assignment ot receiving extra pay for this duty, and desires my opinion on this convicts. suggestion. I have now no hesitation in saying that, for the administration of the Regulations of which a Copy is transmitted, a single officer may be appointed with a Salary sufficient to com­ pensate him for engaging his whole time in the employment. I consider it due to the assiduity with which Mr. Slade, the Nomination of present Clerk to the Board of Assignment, has for some years appointment.0"" performed a very laborious duty on a small Salary amounting at first to £130, but since raised to £150, to recommend him for the proposed appointment. I would propose to designate this officer " Commr. for the assignment of Convict Servants " and to allow him a salary of £300 a year. It is not proposed to allow any clerk in this office, unless a temporary assistant be found abso­ lutely necessary at the-period of the annual return. I consider myself however restrained by Lord Stanley's Des­ patch from making the appointment proposed, until I shall be honored with the commands of the Secretary of State on this subject. I have, &c, RICHD. BOURKE. [Enclosure.] [A copy of these regulations* will be found in a volume in series II.]

* Note 174.

753

APPENDIX.

EARL or ABERDEEN TO SIR RICHARD BOURKE. (Despatch No. 33, per ship Canton; acknowledged by Sir Richard Bourke, 3rd November, 183G.) 1835. Sir, Downing Street, 25th March, 1835. 25 March. I have the honor to acknowledge the receipt of your Des- instructions patch, No. 113 of the 2d Novr., 1832, reporting upon the state S^^nt* of the present Government House at Sydney, and submitting the house at propriety of erecting there another Residence for the Governor. No time was lost by my Predecessor in directing the Colonial Agent, according to your suggestion, to obtain from an eminent Architect in London Plans and Estimates for a suitable Build­ ing; these appear to have been sent to the Colony some time since; but, in consequence of the Colonial Agent having omitted to report that circumstance to this Department at the time, the necessary reference of the subject to the Treasury was not made until November last, and a considerable delay has thereby been occasioned in answering your communication. His Majesty's Government would have been very reluctant (notwithstanding the authority, which appears to have been given to your Predecessor as far back as the year 1826) to sanction the erection at the present moment of a new House for the accom­ modation of the Governor, had the old House been in a tolerably habitable state. The very decided opinion, however, which you have expressed as to the impolicy of expending any large sum in the repair of the present Building, coupled with the expectation held out by you that sufficient funds can be raised by selling a portion of the Government Domain to meet the expence of a new House, has induced His Majesty's Government to consent to the measure, as you will perceive by the enclosed copy of a letter from the Treasury. You are accordingly at liberty to dispose of the Land in question, and to apply the proceeds to this Service; but you must distinctly understand that the total expense of building the House, and of fencing in the portion of the Domain immedi­ ately adjoining it, is not under any circumstances to exceed the sum of Twelve thousand Pounds in the whole. There will be no objection to allow the Governor of New South Wales to retain for his own use the Land, called " Grose Farm "; but all the expenses, attending its management as well as of keeping in repair the various Buildings attached to it, must be defrayed out of his own Funds.

SER. I. VOL. XVII—3 I! 754 HISTORICAL RECORDS OF AUSTRALIA.

1835. As soon as the House at Sydney is fit for your reception, that 25 at Parramatta, which you now occupy, must be given up; and instructions J have to request that you will inform me in what way you con- Government sider that it can be disposed of most advantageously for the house at Public. Sydney. Your despatch does not afford sufficient information to enable me to judge how far it may be advisable to adopt the suggestions of the Surveyor General for improving the Streets adjacent to the Government House; but I agree with you in thinking that that part of his Plan, which involves the sacrifice of the good Houses, occupied by the Colonial Secretary and the Chief Justice, should for the present be abandoned. j am ^c ABERDEEN.

[Enclosure.] HON. J. STEWART TO UNDER SECRETARY HA V. Sir, Treasury Chambers. 30th January. 1835. Having laid before the Lords Comm'rs of the Treasury your letter of the 25th Novr. last, enclosing copy of a Despatch from General Bourke, submitting a Plan for the erection of a new Resi­ dence for the Governor at Sydney in lieu of the one now existing, I have it in command to request you will acquaint the Secy, of State that, adverting to the authority given in the year 1826 for rebuilding the Govt. House at Sydney, and to the more recent trans­ mission with the sanction of the Secretary of State of Plans and Specifications for the new Buildings, and likewise to the very dilapidated state in which the present House is reported to be, my Lords cannot with hold their assent to the proposed arrangement for the erection of a new Residence for the Governor. My Lords are also of opinion that the Land Revenue derived from the Sale of that portion of the Govt. Domain, it is intended to dispose of, may very properly be appropriated to defray the expense of this Work; and, as they apprehend that the value of the Land in question will not have deteriorated since General Bourke's Estimate was formed, they trust that the proceeds, upon which he has cal­ culated, will be fully realised, and that the whole charge tu lie incurred may be provided for from this source. At the same time. my Lords conceive that the restriction by the Secretary of Strife of the Estimate for the House to the sum of £12.000 has been a very necessary precaution ; and they would request the Govr. may lie enjoined to take care that the whole expense of the Building does not exceed this Estimate. My Lords cannot, however, give any sanction for the very heavy charge it is proposed to incur for enclosing the grounds of the new Residence, without much more detailed information as to the extent and situation of the Area to be enclosed, and the necessity that may exist for comprising the whole of it within the kind of enclosure contemplated by the Esti­ mate annexed to General Bourke's despatch. You will also observe to the Secretary of State that it might have been desirable, before the Plans and Estimates procured by the Agent were forwarded to the Colony, that my Lords should have had the opportunity of submitting them for the revision of the ABERDEEN TO BOTJRKE. 755

Officers of the Ordnance Dept., which they conceive might be made 1835. available as a Dept. of useful reference in regard to all Works of 25 March. any magnitude to be executed abroad. Instructions As my Lords have not received the Plan to which the report of ,-e erection of the Surveyor Genl. refers, they are not enabled to form any opinion Government with respect to the improvement proposed by that Report in laying g°^eat out the Streets adjacent to the Govt. House; but they quite concur y ne}" in the suggestion of the Governor that the part of the Plan, which contemplates the sacrifice of good Houses occupied by the Chief Justice and the Colonial Secretary, should for the present not be acted upon. It only remains for my Lords to express their decided opinion, with reference to the concluding part of Genl. Bourke's despatch, that more than one Residence ought not to be provided for the Governor of N. S. Wales at the Public expense, and that, whenever a suitable residence at Sydney can be prepared for him. the Govt. House at Paramatta should be disposed of in such manner as may be most advantageous for the Public. My Lords would, however, wish to be favored with the opinion of the Secretary of State in regard to the proposition that the Governor should be allowed to retain the use of the Land called Grose Farm, either on the terms mentioned by Genl. Bourke, or on further condition that the Farm Buildings should likewise be kept in repair at the expense of the occupant. I am, fe., J. STEWART.

COMMENTARY ON DESPATCHES

TO AND FROM GOVERNOR BoURKE, 1833—JUNE, 1835.

Note 1, pages 1, 2, 3, 309, 310, 311, 623, 624 and 625. The following despatches. These despatches were principally covering letters to the enclosures. Thos:e enclosures, which are available, will be found in volumes of the series to which they belong. Note 2, page 5. A Conditional Pardon and a Pension. Governor Darling reported the granting of the pardon and pension in a despatch dated 21st April, 1831 (see page 245, volume XVI).

Note 3, page 9. The free Grant of 20,000 acres. The conditions of this grant were transmitted to Sir Thomas Brisbane by under secretary Horton in a despatch dated 20th October, 1823 (see page 141 et seq., volume XI). It will be noted that the transcriber erroneously copied the signature as J. vice T. Potter Macqueen. Note 4, page 12. The Despatch. There were two despatches relating to thefirst land grant to T. Potter Macqueen, dated respectively 20th October, 1823, and 22nd December, 1826 (see page 141, volume XI, and page 794, volume XII).

Note 5, page 19. The unpleasant threat. The " threat" was contained in Viscount Goderich's despatch, dated 16th October, 1831 (see page 419, volume XVI).

Note 6, page 31. Also page 167. Exploring the Southern parts of this Colony. W. H. Hovell made applications to Governor Dai-ling in 1828, and to Sir George Murray in 1830, for compensation for his discoveries (see page 726 et seq., volume XIV, and pages 801 and 802, volume XV). A note on the expedition of discovery to Port Phillip will be found numbered 151 in volume XL 758 COMMENTARY.

Note 7, page 31. My Commission as Governor of Van Diemen's Land. When, in the year 1825, it was decided " to constitute and erect the Island of Van Diemen's Land into a separate Colony," Governor Darling was given two commissions, one as governor of New South Wales, and the other as governor of Van Diemen's land (Tasmania). By the latter commission (see page 1 et seq., volume V, series 111), it was provided that, in the event of his death or absence from the territorial limits of the island, the government devolved on the lieut.-governor of the island. On his voyage to Sydney, Governor Darling called at Hobart town in November, 1825, and, on the 3rd of December following, proclaimed the independence of the island and took the oaths of office as governor. He sailed from Hobart town on the 6th of December, and never revisited the island. The government was there­ fore administered by George Arthur as lieut.-governor in the absence of Darling. When Richard Bourke was appointed governor of New South Wales, he was also appointed governor of Tasmania; but, as he never visited the island, his commission as governor thereof was dormant, and George Arthur con­ tinued the administration as lieut.-governor in the absence of Bourke. Note 8, page 34. Letters Patent.—Additional Instructions.—Letters Patent. The letters patent appointing R. Darling as governor and the additional instructions will be found on pages 99 et seq., and 125 and 126, volume XII. The draft of the letters patent for the corporation for the clergy and school estates will be found on page 444 et seq., volume XI, with a few amendments on page 126, volume XII. Note 9, page 36. Whilst at tlte Cape of Good Hope. B. Bourke was appointed lieut.-governor of the eastern district of the Cape of Good Hope on the 5th of July, 1825, with power to act as governor of the whole colony during the absence of the governor, lord Charles Somerset, who was ordered to return to England to reply to charges of mal­ administration. Accordingly, Bourke administered the government from the 8th of February, 1826, to the 9th of September, 1828. Note 10, pages 46 and 57. This plan.—The Instructions addressed to General Darling. This plan was for a square cottage forty-two feet on each side with a verandah in front. It contained dining and drawing rooms, three bed­ rooms, a dressing-room, two store-rooms, a vestibule and lobby, and a china closet. At the rear of the house and connected with it by a verandah, there were a servant's room and kitchen. The instructions will be found on page 429 et seq., volume XV. Note 11, page 63. My former Despatch. This despatch was dated Sth January, 1831 (see page 7, volume XVI). Note 12, page 65. An Abstract. With minor modifications, this abstract was ordered to be printed by the legislative council on the 27th of May, 1833, and will be found in the volumes of Votes and Proceedings of the Legislative Council. COMMENTARY. 759

Note 13, pages 80 and 83. An Order. This order or proclamation was dated 8th June, 1829 (see pages 19 and 20, volume XV). Note 14, page 100. A letter. This was the letter to the hon. J. Stewart, dated 2nd May, 1833.

Note 15, pages 106 and 114. Your letter of the 27th of July. A copy of this letter will be found on page 742, volume XVI.

Note 16, page 120. The notice. This notice was as follows:— " Tickets of Leave, " Colonial Secretary's Office, " Sydney, 31st December, 1832. " The Act of the Imperial Parliament, 2d and 3d William IV, cap. 62, having enacted ' That neither the Governor nor Lieutenant Governor of any Island, Colony or Settlement, or any other Person, shall give any Pardon or Ticket-of-Leave to any Person sentenced to Transportation, or who shall receive a Pardon on Condition of Transportation, or any order or permission to suspend or remit the Labor of any such Person, except in case of illness, unless such Person, if transported for Seven Years, shall have served Four; if transported for Fourteen Years, shall have served Six; or, if transported for Life, shall have served Eight Years of Labour." His Excellency the Governor directs it to be notified that the Regulations of the Colonial Gov­ ernment of the 1st January, 1827, paragraphs 4 and 5; of the 23rd May, 1831, paragraphs 2 and 3; the Regulations of the 17th March, 1829, and all others by which, in consideration of certain meritorious services performed by prisoners of the Crown, the period of their servitude may be abridged, are revoked and rendered null and void by the operation of the said recited Act. At the same time, His Excellency, with the Advice of Executive Council, is pleased to declare that prisoners of the Crown, who shall establish satisfactorily a claim to abridgement of servitude for services performed prior to the 12th of December, 1832, being the day on which the said recited Act was published in this Colony, will be considered entitled to receive the stipulated indulgence as a temporary measure, and will be recommended to the gracious favor of His Majesty for a confirmation of the same."

Note 17, page 122. A Copy. This and similar statements will be found in volumes in series II.

Note 18, page 122. The decease of the former to the arrival of the present Botanist. The death of Charles Eraser was reported by Governor Bourke in his despatch, dated 4th January, 1832, and the appointment of Richard Cunningham was announced by Viscount Goderich in Iiis despatch, dated 10th May, 1832 (see pages 501 and 643, volume XVI). 760 COMMENTARY.

Note 19, page 123. Certain Lands. Reports on this land grant were transmitted by Governor Darling with his despatch, dated 21st December, 1830 (see page 836, volume XV).

Note 20, page 125. An exploring party. There were several expeditions sent to the district of Argyle by Governor Macquarie in the closing years of his administration. These were led by James Meehan and Charles Throsby, assisted by Hamilton Hume. Lake Bathurst was discovered by James Meehan, accompanied by Hamilton Hume, in the month of April, 1818. Note 21, page 130. 2d and 73d Sections.—43d Section. The statute, 6 Geo. IV, c. cxiv, was entitled " An Act to regulate the Trade of the British possessions abroad." By the second section, certain ports were designated by name as free ports. By the 73rd section, the King in council was granted power to regulate trade within the limits of the East India company's charter, excepting the possessions of the said company. The statute, 7 Geo. IV, c. xlviii, was entitled, " An Act to alter and amend the several Laws relating to the Customs." Section 43 provided for the forfeiture of all goods imported into any port not designated as a free port under sect. 2 of the statute, 6 Geo. IV, c. cxiv. Note 22, page 130. The Despatch. This despatch was written by under secretary Twiss, and dated 30th No­ vember, 1828 (see pages 513 and 514, volume XIV).

Note 23, page 135. John Enatchbull. John Knatchbull was a half-brother of Sir Edward Knatchbull, and had held the rank of commander in the navy. He was transported for picking a pocket in Vauxhall gardens. In 1832, he was convicted at Sydney of forgery and sentenced to be transported to Norfolk island, and, in November, he was sent with others to the island. On the voyage, he proposed to poison the military and the crew with arsenic, and to seize the ship. Fortunately this attempt was prevented by one of his fellow prisoners turning informer. After serving some years on Norfolk island, he returned to Sydney and later obtained a ticket of leave. He was then employed in command of a small coasting vessel. On the 6th of January, 1844, in order to obtain money, lie murdered Mrs. Jamison, a widowed shopkeeper in Sydney. For this crime, he was tried, convicted and executed. Note 24, page 142. The Instructions. These instructions will be found on page 119 et seq., volume XII.

Note 25, page 149. The Establishments of the Van Diemen's Land Company. The establishments were located at Circular head on the north coast of Tasmania to the west of the estuary of the river Tamar. COMMENTARY. 761

Note 26, page 151. A letter. This letter was published by J. Bingle in a pamphlet (sec note 204, volume XVI). Note 27, page 155. A printed Copy. These estimates will be found in the Votes and Proceedings of the Legisla­ tive Council for the year 1833. Note 28, page 156. The aqueduct or Tunnel. A note on thi3 tunnel will be found numbered 167 in volume XI. Note 29, page 158. The order-in-Council. The order-in-council was transmitted by Viscount Goderich with his des­ patch dated 10th March, 1833 (see page 34). Note 30, page 159. This letter. A copy of this letter will be found on page 498, volume XIV. Note 31, page 163. A portion of a Loan. The details of this transaction will be found in Viscount Goderich's despatches, dated 12th January and 29th March, 183] (see pages 22 ct seq. and 223 et seq., volume XVT). Note 32, page 165. / do not discover that thest Begulations in re submitted. This statement by Governor Bourke was erroneous. The regulations were transmitted by Sir Thomas Brisbane with his despatch dated 14th August, 1824 (see page 341 et seq., volume XI). Note 33, page 168. The 14th Clause. This clause was as follows:— "Provided always and be it further enacted, That nothing in this Act or Ordinance shall be eleemed or taken to apply to the weights and measures, now used by His Majesty's Officers in the said Colony fen ascertaining anj rates or duties payable to His Majesty, His Heirs ami Successors, upon the importation into the said Colony of any goods, wares, merchandize or ether thing or upon spirits distilled therein, unless His Majesty's pleasure shall befirst had and signified to such effect. And, in case His Majesty s pleasure shall be so had and signified, and as soon as conveniently may be thereafter, it shall be lawful for the Governor of the said Colony for the time-being, with the advice of the Executive Council, to cause accurate tables to be prepared and published, in order that the several rates and duties may be adjusted and made payable according to the respective standards of weight arid measure, established by this Act or Ordinance; and that, immediately from and after the publication of such tables, the several rates and duties thereafter to be collected by His Majesty's said Officers shall be collected and taken according to the calculations in the tables to be prepared and published as aforesaid." f62 COMMENTARY.

Note 34, page 169. On the S7th of December last. In the copy available, this despatch was dated 22nd December, 1832, and was signed by under secretary Hay and not by Viscount Goderich (see page 819, volume XVI). Note 35, page 172. Also pages 397 and 731. The dreadful calamity. The ship Hibernia sailed from Liverpool with merchandize and passengers bound for Hobart town. Inclusive of the crew, there were two hundred and thirty-two persons on board. Shortly after crossing the equator, afire was discovered in one of the holds, and it was soon realised that the ship was doomed. Unfortunately the two ship's boats could only carry sixty-two persons, and the pinnace seventeen fnore, and one hundred and fifty-three persons lost their lives in the burning ship. The boats were picked up by different ships. After six days and six nights of suffering, during which one passenger died, the ship's boats writh sixty-one persons were picked up by the ship Lotus and conveyed to Rio de Janeiro, from whence they were forwarded to Tasmania at the expense of government. Note 36, page 176. The printed circular. This circular will be found amongst the printed papers of the emigration commissioners presented to the house of commons.

Note 37, page 180. Also page 445. The Commissioners. On the 21st of June, 1830, a commission was issued to James, earl of Rosslyn, Henry Goulburn, Maurice FitzGerald, Edward Granville Eliot (known as lord Eliot), and Sir James Willoughby Gordon, to inquire into the revenue and expenditure of the colonies and foreign possessions. Their third report, dated 1st November, 1830, was on the Australian colonies. It was submitted to, and ordered to be printed bv the house of commons on the Sth of December, 1830. Note 38, page 181. Those claims. Governor Bourke submitted a full report on these claims in his despatch. dated 28th September, 1833 (see page 220 et seq.).

Note 39, page 181. One of the Members of Council has protested.—A Pension for services. When the estimates for the year 1833 were under consideration, John Blaxland made similar protests against the votes to A. Macleay and J. Busby (see page 775, volume XVI). In reply, the right hon. E. G. Stanley admitted the validity of the protest against the vote to A. Macleay in his despatch dated 30th April, 1833 (,see page 89) ; but this decision had not been received in the colony when the estimates for the year 1834 were laid before council. The pension was granted to A. Macleay for services under the transport board, when that board was abolished in the year 1818. In 1797, Macleay had been appointed head of the correspondence department, and, from 1806 to 1818. he held office as secretary of the board. COMMENTARY. 76S

Note 40, page 181. A Resolution of the Council. The resolution for an increase of pension from £200 to £300 was passed on the 25th of June, 1833, and will be found in the printed votes and proceedings for that date. Mrs. Anna Josepha King was granted a pension of £200 per annum from the death of Governor King on the 3rd of September, 1808 (.see page 78,. volume VII). Note 41, page 182. The estimates. These estimates will be found in the volume of Votes and Proceedings of tin: Legislative Council for the year 1833. Note 42, page 191. The missing No. 122. There was no despatch numbered 122 (see page 307). Note 43, page 192. 215 Females. In the copy of this despatch preserved at government house, Sydney, the number is stated to be 250 females. Note 44, page 194. A Volume of Tables. This volume will be found in the printed papers of the house of commons. Note 45, page 205. One very active, zealous mid laborious Clergyman. The established clergy of the Roman Catholic church were the Reverends. W. B. Ullathorne, John McEncroe and C, V. Dowling. The Reverend John Joseph Therry was dependent on the people for his support subsequent to the discontinuance of his salary in 1826 (see page 173, volume XII). Note 46, page 208. Sir Thomas Brisbane's correspondence. The despatch was dated 11th October, 1825 (.see page 887 ct seq., volume XI). Note 47, page 210. The 2nd Clause. This clause was as follows: — "And be it further enacted, That neither the Governor or Lieutenant Governor of any Island, Colony or Settlement, or any other person, shall give any Pardon or Ticket of Leave to any person sentenced to Trans­ portation, or who shall receive a Pardon on condition of Transportation, or any order to suspend or remit the labor of any such person except in cases of illness, until such person, if transported for seven years, shall have served four; if transported for fourteen, shall have served six; or if transported for life, shall have served eight years of labor; and that no such person shall be capable of acquiring or holding any property, or of bringing any action for the recovery of any property, until after such person shall have- duly obtained a Pardon from the Governor or Lieutenant Governor of the Colony or Settlement, in which he or she shall have been confined. Provided that nothing herein contained shall in any manner affect His Majesty's. Royal Prerogative of Mercy." 764 COMMENTARY.

Note 48, page 214. Also page 742. I intimated.—The debate. Governor Bourke's speech to the legislative council on the 19th of January, 1832, was printed in full in the I otes and Proceedings for that date. On the 29th of June, 1832, Bulwer presented a petition to the house of commons from residents in the colony, praying that the principle of trial by jury should be extended to all cases, civil and criminal. The petition was ordered to be printed. Bulwer then moved, and Robinson seconded, a pro­ posal for " the appointment of a select committee to inquire into the best means of providing a legislative assembly, as well as trial by jury, for the inhabitants of the thriving and extensive colony of New South Wales." Lord Howick, in reply to the motion, stated that Governor Bourke had been ordered to consider the propriety of the introduction of trial by jury; that the result of Governor Bourke's inquiry was favourable to the change; and that the full benefits of trial by jury would be granted to the colony during the following year (i.e., 1833). After some debate, Bulwer withdrew his first motion and substituted a second motion: " That an humble address be pre­ sented to his Majesty, praying that his Majesty will be graciously pleased to cause measures to be taken in order to give to the free inhabitants of New South Wales a system of legislative representation such as the present •condition and circumstances of that colony may seem to require." This motion was put and lost by sixty-seven votes to twenty-six. Note 49, pages 215 and 216. An alteration.—Trial by Assessors. The alteration was in the second clause of the act, which as passed pro­ vided for " the trial of criminal issues in the Supreme Court to be by a jury of twelve inhabitants if desired by the accused." Under the provisions of the statute, 9 Geo. IV, c. lxxxiii, it was provided that the trial of actions at law should be by one or more judges and by two magistrates as assessors, provided the parties to the suit did not desire to have a jury. Note 50, pages 218 and 371. A new Seal. This seal was issued in consequence of the accession of H.M. William IV to replace the seal of H.M. George IV, which had been transmitted to the •colony with a despatch dated 10th December, 1826 (see page 735, volume XII). The new seal was one-sided only, and combined the obverse and reverse of the seal authorised in 1817 (see note 97, volume IX), subject to the substitution of Gulielmus IV for Georgius IV. Note 51, page 221. The Petition, Evidence and Protest. These papers will be found in the Votes and Proceedings of the Legislative Council. The petition was presented on the 20th of June, 1833; the evidence was taken on the 3rd, 17th, 18th and 19th of July; and the protest by John Blaxland was made on the 22nd of August following.

Note 52, page 226. Seven Stone or Brick Churches. These churches included those of St. Phillip and St. James at Sydney, of -St. John at Parramatta, of St. Luke at Windsor, of St. Peter at Campbelltown and of St. Matthew at Windsor. COMMENTARY. 765

Note 53, page 226. A loan from this Government amounting to £ . In the year 1825, Sir Thomas Brisbane granted the trustees of the Scots church a loan of two thousand four hundred Spanish dollars towards the erection of the church (see pages 550 and 551, volume XI).

Note 54, page 232. A pamphlet. This was an octavo pamphlet, containing twenty-seven pages, printed by Stephens and Stokes at Sydney in 1832, and entitled, A Letter in vindication of the principles of the Reformation, addressed to Roger Therry, Esq., Com­ missioner of the Courts of Requests in New South Wales, in consequence of a speech, delivered by him in the Roman Catholic Chapel at Sydney on Sunday, July 29, 1832. Note 55, page 237. The Evidence. On the 10th of April, 1812, Robert Campbell was examined before the select committee of the house of commons on transportation, and the fol­ lowing was part of his evidence: — "Was there a sufficient number of persons to establish a council to assist or control the Governor, and regulate the laws of the country?—Not in the Colony. " Was there a sufficient number of respectable persons to establish the trial by jury?—I think there was a sufficiency to have formed a jury, although certainly it would have come very hard upon them unless there was a selec­ tion from those who were free by servitude or otherwise. " Were the people of the colony generally contented with the courts of justice as they are now constituted?—I think not; they would have preferred a trial by jury certainly." Note 56, page 237. The New South Wales Bill.—Mr. Huskisson's Bill. The New South Wales bill was the statute, 4 Geo. IV, c. xcvi, and Mr. Huskisson's bill the statute 9 Geo. IV, C. lxxxiii. Note 57, page 238. The Aunt ml in n Bank Bill. This act of council was passed to enable the proprietors of the bank of Australia (see note 75, volume XII) to sue and be sued in the name of the chairman. Note 58, page 243. The Titles of thesi Ads. These were three private bills, viz.:— "An act to enable the Members of a Certain Society in the Colony of New South Wales, denominated 'the Benevolent Society,' to Sue and be Sued in the Name of the Treasurer for the time being, and for other purposes therein mentioned," passed on the 24th of August, 1832. "An Act to enable the proprietors of a certain Joint Stock Company, carried on in the Town of Sydney, in the Colony of New South Wales, under the Name Stvle or firm of the 'Australian Marine- Assur; e Company, to Sue and b'e Sued in the Name of the Chairman of the Said Company for the time In ing, and for other purposes therein mentioned," passed on the 27th of September, 1832. 760 COMMENTARY.

"An Act to enable the Trustees of the Scots Church in Sydney in the Colony of New South Wales to grant a Mortgage to Government on the Buildings, now erecting on their allotments, for the Amount of a Loan advanced by Government to enable the Said Trustees to erect the Said Church, and also for the Amount of a further Loan advanced by Government in Aid of the Establishment of the Australian College," passed on the 13th of October, 1832. Note 59, page 245. Earl Bathurst's Despatch.—The Secretary of State regretted. Earl Bathurst's despatch was dated 11th July, 1826 (see page 357, volume XII). The second reference was to Sir George Murray's despatch. •dated 23rd April, 1830 (see page 440, volume XV).

Note 60, pages 247 and 272. His Majesty's Regulations.—The same terms. The " regulations" will be found on page 84, volume XVI, and the -" terms " on pages 595 and 596, volume XII.

Note 61, page 248. The Sydney Mechanics' Institute. This institution was established in March, 1833, under the patronage of Governor Bourke for "the diffusion of scientific and useful knowledge." It was managed by a committee of twenty members, thirteen of whom were operatives and seven non-operatives. It made rapid progress, and, at the beginning of the year 1835, its library consisted of over six hundred volumes and a number of models and apparatus had been collected for lecture pur­ poses. Its meetings were held in the house on Church hill formerly occupied by F. N. Rossi, the superintendent of police. Note 62, page 248. Two Allotments in Rush Cutters Bay. These allotments lay on the easterly side of Glenmore-road at the corner of that road and Oxford-street. The area was eight acres and ten perches, and the deed of grant was issued on the 24th of July, 1840, to Thomas Walker, James Mitchell and William Timothy Cape, as trustees for the Aus­ tralian subscription library. Note 63, page 249. The despatch of Lord Goderich. This despatch was dated 26th April, 1832 (see page 614, volume XVI). Note 64, page 249. Sir Edward Parry proposed. Thefirst agreement for the price to be charged by the A.A. company for coal to be suxiplied to government was enunciated by Sir George Murray in his despatch dated 31st July, 1828 (see page 274, volume XIV). This method forfixing th e price was found inconvenient, and Sir Edward Parry proposed a standard price. Note 65, page 256. A direction given by your predecessor. The instructions for payment of rent by F. Forbes and A. Macleay for their official residences were given in hisfirst despatch by the right hon. E. G. Stanley (see page 70), and not by his predecessor, Viscount Goderich. COMMENTARY. 767

Note 66, page 257. His late Majesty's charter. This charter will be found on page 509 et seq., volume I, series IV. The conclusion of the sixth section was as follows:—"Provided nevertheless that it shall be lawful for the said Chief Jutsice to occupy and inhabit any Official House or residence within the said Colony of New South Wales, which hath been or may hereafter be provided for his residence and occupa­ tion, without paying to us, our heirs and successors, any rent for the same, and without being obliged to repair, uphold or maintain any such hou^e cu Official Residence at his own Costs and Charges." Note 67, page 260. The preceding Rule. The whole of this sub-enclosure was numbered 7 in the rules and orders of the supreme court for thefirst term , 1834. The " preceding Rule," how­ ever, referred to thefirst paragraph, i.e.. " until His Majesty's pleasure shall first be made known." Note 68, page 269. The former licensing Act. This was the act of council 11 Geo. IV, No. 11, passed on the 12th of May, 1830; its duration was limited to the 30th of June, 1833. Note 69, page 270. Tlie former Law.—A Separati Dispatch.—Transmitted to you. The former law was the act of council 9 Geo. IV, No. 11, passed on the 24th of July, 1828. The despatches transmitting the appropriation and police acts were dated 3rd August, 1833 (see page 180 et st q. i and 2nd October, 1833 (see page 233 et seq.). Note 70, page 270. Claims to grants of Land. The necessity for this act was summarised in its preamble, which was as follows: — " Whereas many persons have- heretofore obtained the possession of lauds in this Colony by the license and authority of the several Governors thereof, under promise of grants to be co them duly made by the said Governors, and upon the faith thereof large sums of money have been expended in improving and building upon the said lands, but in many cases such grants have been unavoidably delayed and have not been made as aforesaid; and the said lands and premises have come into the possession of other persons, claiming to have and hold the same as their just and lawful right, obtained by, through or under the persons who originally obtained possession thereof as aforesaid; And, in many cases by reason of the death, incapacity or absence of the said last mentioned persons, and from other circumstances, it hath become impossible to produce such legal titles as would be necessary to enable the Supreme Court of this Colony to take cognizance of and determine thereon; and it is expedient and necessary that a remedy should be provided in such cases, and that such grants should be made and delivered to and in the name of those person-, who have now the just and lawful right thereto obtained as aforesaid." Note 71, page 271. .1 Separate Dispatch. This despatch was dated 12th September, 1833 is,e page 213 et seq.). 70S COMMENTARY.

Note 72, page 273. A Minute of Council. A copy of this minute will be found in a volume in series II.

Note 73, pages 274 and 275. Mental derangement.—To form a Settlement. The details of I. S. Nind's illness and of his appointment to the settlement at King George's sound will be found on pages 546, 547, 456 and 640, volume VI, series III. Note 74, pages 276 and 440. Report. This report was printed in the Votes and Proceedings of the Legislative Council, dated 28th August, 1833. Note 75, page 276. A Bill for the more effectual administration of Justice. This bill was passed as the statute, 4-5 Wm. IV, c. lxv.

Note 76, page 277. One of the Judges. On the Sth of September, 1833, the ship Esther sailed for Norfolk island with a special commission for holding criminal trials on the island. It in­ cluded Justice Dowling; W. H. Moore, crown solicitor; J. W. Dowling and J. W. Plaistowe, solicitors; the Reverend J. J. Therry; and major Bouverie, captain Church, lieutenant Otter, and ensigns Hacker and Monypenny, to act as military jurors. Note 77, page 282. My confidential letter. This letter will be found on page 745, volume XVI.

Note 78, page 283. T7ie circumstances. The conditions of the employment of W. H. Moore as solicitor in 1814 were noted by Earl Bathurst in despatches, dated 13th Februarv and Sth July, 1814 (see pages 139 and 268, volume VIII).

Note 79, page 290. A Rule. A copy of this rule will be found on pages 260 and 261. It was approved by the right hon. T. Spring Rice on the 6th of June, 1834 (see page 453).

Note 80, page 297. The Despatch. The despatch was dated 2nd October, 1833 (see page 233 et seq.).

Note 81, page 299. I have before had occasion to represent. Governor Bourke reported adversely on discharged soldiers as immigrants in a despatch dated 26th July, 1833 (see page 175). COMMENTARY. 769

Note 82, pages 302 and 304. A former Despatch.—Your notice.—Compensation. The proceedings of the legislative council during the passing of the jury bill were reported by Governor Bourke in despatches dated 12th September and 2nd October, 1833 (see pages 213 ei seq. and 236 et seq.) ; and the pro­ ceedings on the claim of H. and W. Dumaresq for compensation in a des­ patch, dated 28th September, 1833 (see page 220 et seq.).

Note 83, page 304. The

Note 84, page 307. The new Act will be required in 183(1. The duration of the statute, !) Geo. IV, c. lxxxiii, was limited by section 41 to the 31st December, 3 836, or until the end of the next session of parliament.

Note 85, page 307. A Summary of the Census. This abstract was published in the newspapers, and detailed the popula­ tion of the counties and eight principal towns of which the following are the totals:— Male- Free above 12 years of age 17,542 under 12 years of age 5,256 Convicts 21,845

Total 44,643 Females— Free above 12 years of age 8,522 under 12 years of age 4,931 Convicts 2,698

Total 16,151 General total 60,794 Religion: Protestants, 43,095; Roman Catholics, 17,238; Jews, 315; Pagans, 56; uncertain, 42.

Note 86, page 312. Lord Goderich's Despatch. This despatch was dated 30th December, 1831 (see page 497, volume XVJ).

Note 87, pages 316 and 320. A law.—The Summary Jurisdiction Act. This was the act of council, 3 Wm. IV, No. 3, passed on the 24th of August, is:;-j. sKB. I. VOL. xvn—3 c 770 COMMENTARY.

Note 88, page 318. Committees of the House of Commons. The reference was to the select committee of the house of commons on secondary punishments, whose report, together with the minutes of evidence and an appendix of papers, was ordered to be printed bv the house on the 27th of September, 1831.

Note 89, page 328. My Despatch. This was the despatch dated 3rd November, 1832 (see page 787 et seq., volume XVI).

Note 90, page 344. The advertisement. This advertisement was as follows: — " The committee for promoting the Emigration of single women to Aus­ tralia, having obtained the sanction of his Majesty's Secretary of State for the colonies, hereby give notice that the fine ship Layton of 513 tons per register, Richard Saunders commander, carrying an experienced surgeon and a respectable person and his wife as superintendents, to secure the comfort and protection of the Emigrants during the voyage, will sail from Gravesend on the 15th August (beyond which day she will on no account be detained) direct for Sydney. " Single women and widows of good health and character from 15 to 30 years of age, desirous of bettering their condition by emigrating to that healthy and highly prosperous colony, where the number of females com­ pared with the entire population is about one to three, and where conse­ quently, from the great demand for servants and other female employments, the wages are comparatively high, may obtain a passage by this ship on payment of £5 only, as they will have the advantage of the free grant of £12 each from Government, which grant, during the present year, will be confined to those females sent out by this Committee and will cease after this ship is despatched. " The females who proceed by this conveyance will be taken care of on theirfirst landin g at Sydney; they will find there a list of the various situa­ tions to be obtained and of the wages offered, and will be perfectly free to make their own selection; they will not be bound to any person nor subjected to any restraint, but will be to all intents and purposes perfectly free to act and decide for themselves. •' Females in the country, who may desire to avail themselves of the important advantages thus offered them, should apply by letter to ' The' Emigration Committee, London,' under cover addressed to 'The Under Secretary of State, Colonial Department, London.' It will be necessary that the application be accompanied by a certificate of character from the resi­ dent minister of the parish, or from some other respectable person to whom the applicant may be known; but the certificate of the resident minister is in all cases most desirable; it must also certify the ability of the party to pay £5 to the order of the Committee, so soon as she shall be informed that she is admitted by them as a passenger, and which sum when paid here will cover all the expenses of the passage for which she will be liable. Such females, COMMENTARY. 771 as may find it desirable, may when approved by the Committee asfit persons to go by this conveyance be boarded temporarily in London prior to embarka­ tion on payment of 7s. per week. " All applications made in the foregoing manner will receive early answers; and persons residing in or near Truro may obtain all necessary information by applying to James Bastian, agent for Cornwall, or to John Marshall, agent to the Emigration Committee, 26 Birchin Lane, London.—EDWARD FOSTER, Chairman."

Note 91, page 345. An Extract. The extract was as follows: — " The ship Layton of 513 tons, Captain Saunders formerly of the Science, was loading with free females off the streets of London for these colonies, and to sail on the 15th of August. Mr. John Marshall, the agent as he calls himself to the Emigration Committee, 26 Birchin-lane, ensures these poor creatures a passage out, provided they are not more than 30 years of age and can give him £5 each. The consequence is that hundreds were daily bringing him this money, or getting themselves committed for trial to be transported in their attempts to obtain it during their nightly perambulations in the streets. It is one of the characteristics of this wonderful age that, while truth and reason are daily and hourly spreading, their beneficent wings over the earth, at the very heart and centre of intelligence in the metropolis of Kngland, the most unjust and unreasonable things are committed." Note 92, page 366. The Despatch. This was the despatch, dated 15th January, 1834 (see page 313 et see/.).

Note 93, page 376. Lord Bathurst's despatch. This despatch was dated 22nd April, 1817 (see pages 385 and 386, volume IX). Note 94, page 379. The Murder of Captain Waldron. On the 14th of January, two of hi- female n^i^ni'd servants attacked Charles Waldron at his home at Springhill, Ellawarra, and threw him to the ground and otherwise ill-treated him. As a result of the assault, Waldron had a "paralytic stroke" and died fourteen clays later. The two assigned servants wen- tried ami convicted of wilful murder on the 22nd of February.

Note 95, page 382. A Petition. This petition was as follows:— "THE humble petition of the free inhabitants of the Colony of New South Wales. "To His Excellency the Governor, ami the Honourable Members of the Legislative Council in Council assembled. "Sheweth—That a very large revenue is raised within the Colony from various sources but chiefly bv duties upon imported goods, of which, your petitioners being consumers, it follows that the revenue so raised is paid by 772 COMMENTARY. them, in common with the rest of His Majesty's free subjects in the Colony. And petitioners show that, although they have no voice in the imposing such duties, nor in the levying any other tax direct or indirect to which they are subjected, and although they have no power of controlling the expenditure of the revenue when raised, yet they have a deep interest in its appropriation, an interest which induces them upon the present occasion to lay an expn of their sentiments before your Excellency and your honourable Council. " Your petitioners further show that the power of levying duties and appro­ priating the colonial revenue was formerly assumed by the Governor, was afterwards legalized by the 59th Geo. Ill, cap. 114, and now by 6 <;eo. IV, cap. 83, is vested in and exercised by the Governor acting with the advice of the Legislative Council; by the 25th section of the same Act, the power so vested in the Governor and Council is by express words limited to the imposing of such taxes or duties only, ' as it may be necessary to lew for local purposes.' " And your petitioners further show that, in a letter from the Counsel for the colonies and board of trade to the Under Secretary of State, printed by order of the House of Commons during the Session of 1832, it is stated that it had been recently decided, in the case of New South Wales, 'that the colony cannot justly be called upon to compensate any service not rendered to itself, but to a different portion of the empire; and that superannuations earned in one colony cannot with any justice be charged upon the revenue of another.' " And yet, notwithstanding the plain meaning of the act of parliament, aiul the decision which appears by the foregoing extract to have been lately made bv the Secretary of State, your petitioners perceive with surprize and regret, by the Estimates of the expenditure for the year 1834, that a sum of £750 is appropriated to the Colonial Secretary as a pension for services per­ formed in England and in lieu of fees, a sum of £500 to Mr. Busby as a salary for acting as agent to the Colony in England, all of which votes of appropriation are in direct contravention of the law, and are equally opposed to those principles of equity upon which the law is founded. " Your petitioners beg to remind your Excellency and your honourable Council, that the predecessor of the present Colonial Secretary received a salary of £1,200 per annum, which was subseouentlv increased to £1,500 upon the Colonial Treasury, ami an additional £500 per annum was attached to the office on the appointment of the present incumbent; that, bv two several returns printed by order of the House of Commons, the pension of £750 is expressly stated to be for services performed in England as Secretary of the Transport Board, and no mention is made of fees, from which facts your petitioners can arrive but at one conclusion, viz., that the £750 voted to Mr. M'Leay is by way of pension for services performed in England, and that the introduction of the words ' in lieu of fees ' has been made to give a colour to the transaction, which the circumstances connected with it do not warrant. •• Your petitioners beg farther to advert to the appropriation of a sum of £500 from the revenue of New South Wales to the payment of a British resident in New Zealand. By the official letter of Lord Goderich notifying to the savages of that island the appointment of Mr. Busby, the duties of that gentleman are pointed out in the following words:—'to investigate all complaints which may be made to him, to prevent the arrival among them of men who have been guilty of crimes in their own country, and who may effect their escape from the place to which they may have been banished, and to apprehend such persons of this description as may be found at present at large.' Whilst it is evident, therefore, that there are no duties to be COMMENTARY. 773

performed by a resident in New Zealand, which can upon any principle of justice be charged upon the funds of this colony, any more than upon the revenue of Van Diemen's Land, your petitioners perceive with feelings of strong apprehension that, in the outline of the duties laid down by the Secretary of State, his Lordship does not even affect to shew that they bear any relation to the services for which the funds of this colony have hitherto been applied; and, if the principles be once admitted that, because the in­ habitants of New South Wales trade with New Zealand, and because, from the neighbourhood of that island, persons labouring under sentence here are apt to escape to that country, your petitioners can see no reason why British residents charged upon the revenue of New South Wales should not be sent to every island in the South Seas. "With reference to the £400 paid to Mr. Barnard, as Colonial agent in England, the duties of whose office they are unable to discover, and for what purpose it is now continued, your petitioners object altogether to this appoint­ ment being made a charge upon the Colonial Expenditure. " That your petitioners, referring to the estimates for the Church and School Corporation, lament to find that no diminution is effected in the enormous expenditure of these establishments, which in 1826 amounted to £14,270 2s. 7',cl. and for the present year is estimated at £20,629 10s., being an increase in the short space of seven years of £6,359 7s. 4Jd. Out of the above sum of £20,629 10s. the sum of £11,542 10s. is applied to the support of the Episcopalian Clergy; whilst the sum of £1,700 12s. only is allowed to the Presbyterian and Roman Catholic Clergy. From the report of the royal commission in 1830, it appears that the total number of the con­ gregation of the Established Church throughout the colony, as certified by the Colonial Secretary, amounts only to 6,000 persons. Hence it appears that above an eighth of the Colonial expenditure is incurred for salaries to a clergy, whose pastoral charge does not embrace one sixth of the population according to the census of 1828; whilst, to all other denominations of chris­ tians who are at least equally numerous and possess an equal right to have their clergy provided for out of the same fund, the sum of £1,700 only is allotted. Your petitioners, whilst they protest against the principle of being compelled to support clergy out of the colonial revenue, respectfully contend, so long as any portion of it is so applied, that all sects have a right to an equal participation in it, according to their respective numbers. "Your petitioners further shew that, within the last two years, a regula­ tion has been aelopted, whereby a sum of one shilling per diem has been demanded for each man sent for medical attendance to the colonial hospitals, a tax which, though apparently trifling, becomes a serious grievance to settlers residing at a distance from the hospitals. Your petitioners would respect fully represent that, although the hospital department generally, being paid from the military chest, does not form a charge upon the colonial revenue, yet the foregoing charge of one shilling forms so direel a tax upon the public, that they feel called upon to point out the expediency of revising the medical establishment by distributing hospitals and surgeons more generally in the country, and not confining them to the larger towns only, where the difficulty of procuring medical attendance is hardly felt. "And your petitioners further shew that, in the appropriations of the revenue to the payment of salaries generally, they observe with regret that there exists a disregard to economy, most prejudicial to the welfare and the prosperity of the colony; that many civil officers receive very large salaries for duties very simple in their nature and, for the most part, executed by <-li'rks. Without alluding to particular eases, which might appear invidious, 774 COMMENTARY. your petitioners would call attention to the royal commission above referred to, and the report thereupon, by which the following reductions are specially recommended, viz.: —

Establishment. Amount to tie reduced. £ s. d. Governor and Staff 1,061,060 14 7 Colonial Secretary 500 0 0 Clerks of ditto 875 0 0 486 0 0 Vide the Royal Collector of Revenue and Treasurer . Commission, Postmaster 100 0 0 100 0 0 dated 1st No­ Surveyor of Distilleries vember, 1830, Mineral Surveyor and Public Works 1,175 15 0 100 0 0 pages 88 to Caol and Hulk lOr. Master Attendants 109 0 0

Total £4,497

" They would further point out that, in the year 1821, the total expense of the civil establishment, charged upon the colonial revenue, was £17,481 5s. which, in the short spaee of 13 years, has been increased to £114,208 14s. 6d. That at the former period every article of consumption was hundreds per cent, dearer than at present; notwitnstanding which, no material reductions of salary have taken place, but, on the contrary, civil officers have been in­ creased in number and value, until the expenditure of the colony has attained its present enormous amount. " And your petitioners respectfully shew further that, although a slight saving is to be effected by the dismissal of certain clerks with petty incomes, yet it appears to them that this is beginning at the wrong end, and that it would be more just and judicious to commence the good work of economy by reducing the large salaries, and by abolishing all unnecessary and useless offices. Your petitioners are thus urgent in calling the attention of your Excellency and your Honourable Council to the subject of the payment of salaries, because there are many works of great public importance which could be accomplished if the revenue were not swallowed up by the numerous appointees of each succeeding Secretary of State. " That your petitioners perceive with regret that, while they have beeB unable to procure the vote of a salary for a colonial agent, to be appointed by the majority of the free inhabitants, a recommendation has been intro­ duced into this year's estimates for an addition to the pension of the widow of the late Governor King; thus shewing that private influence has more weight than an earnest solicitation from the public at large. " That your petitioners humbly represent that, while your Excellency and Honourable Council have undoubted authority to disburse the public revenue, you caunot consistently with reason and justice dispense any portion of it in eleemosynary relief, but in paying for services actually rendered. " That your petitioners therefore humbly protest against the public money being in future voted in the way of pensions to any person at any time or on any account, as a principle of financial policy, subversive of the purity of every government, and as the remote and latent but sure source of future public profligacy and corruption, and of the consequent destruction of the rights and liberties of the people of these infant colonies; ami your peti­ tioners cannot but view, with the utmost dismay, this so early introduction of what has tended so much, among other means, to bring the mother country to the brink of national bankruptcy. COMMENTARY. 775

" Your petitioners therefore pray your Excellency and Honourable Council to revise the estimates relative to the several matters now brought to your notice, previously to the passing of the Appropriation Act having reference particularly to the pension to the Colonial Secretary (to pensions generally) ; the salaries to the colonial agent, and the resident at New Zealand; and also to the reduction of salaries to civil officers of this government, as recom­ mended by the royal commission. " And your petitioners, as in duty bound, will ever pray, etc. " Sydney, July, 1833." Note 96, page 384. The mere verbal order.—The late Act of Council. Some details of the irregular occupancy of lands will be found in note 57, volume XVI. The act of council was 4 Wm. IV, No. 9, entitled, " An Act for appointing and empowering Commissioners to hear and determine upon Claims to Grants of Lands under the Great Seal of the Colony of New South Wales." Note 97, page 389. The printed letter. This was entitled An Appeal on behalf of the Roman Catholics of" New South Wales in a Letter to Edward Blount, Esquire, M.P. for Steyning, from Roger Therry, Esquire, Commissioner of the Courts of Requests in New South Wales, occasioned by letters addressed to him by Captain Sir Edward Parry, Knight, R.N., and the Venerable Archdeacon Broughton, with an appendix; printed by Stephens and Stokes, Sydney, 1833. It was printed in an octavo volume of thirty-six pages, with sixteen pages of appendices. Note 98, page 394. My despatches named in tin margin. In the available copy of this despatch, the margin is blank. The refer­ ence was probably to the despatches dated 30th September, 1833, and 16th February, 1834 (see pages 224 et seq. and 371 et seq.). Note 99, page 401. A difference of opinion.—A somewhat similar demand. The claims of P. Simpson and S. L. Harris were reported by Governor Darling in despatches dated 24th July, 1826, and 10th November, 1830 (see page 434, volume XII, and page 815, volume XV). Note 100, page 403. The correspondence. The "correspondence" was elated I lth March and 22nd October, 1831, and 29th March, 1832 (see pages 109, 433 and 579, volume XVI). Note 101, page 408. The accompanying indices. These notices are not filed with the original of this despatch preserved at government house, Sydney. Some of them are probably included in the emigration papers which were laid on the table of the house of commons. Note 102, page 410. The loss of the Prison Ship Amphytrite. The ship Amphitrite sailed from Woolwich on the 25th of August, 1833. Her commander was Hunter and the surgeon Forrester, the latter's wife being a pas enger. She carried one hundred and six female convicts, twelve 776 COMMENTARY. children and a crew of sixteen persons. After passing Dungeness on the 29th, she encountered a severe gale, and on the following day took the ground about three-quarters of a mile from the shore near Boulogne harbour. A pilot boat went out to her assistance; but this was refused by the- captain. who also refused to launch the boats on account of the convicts and thinking the ship would float off at high tide. In the evening, the ship went to pieces, and only three seamen, who were washed ashore, were saved. Note 103, page 413. A Petition. A copy of this petition is not available.

Note 104, page 417. My Father's death. The father of John Abbott was Edward Abbott, who arrived in Port Jackson in June, 1790. He subsequently held the appointmentsfirst o f deputy judge-advocate and secondly of civil commandant at Port Dalrymple in Tasmania (see note 48, volume II, and page 282, volume IV. series III). Note 105, pages 417, 418 and 421. H.M.'s Instructions.—The maximum contents. These instructions will be found on page 113 et seq., volume NIL It was proposed that each county should contain as nearly as possible " forty miles square," or sixteen hundred square miles; but, in order to have natural features as boundaries, it was provided that a county might exceed or fall short of the required area by one-third part. The " maximum contents" were, therefore, two thousand, one hundred and thirty-three and one-third square miles. Note 106, pages 419 and 596. The Map. This map was drawn by T. L. Mitchell, engraved by John Carmichael, and published in London in 1834. It was dedicated to the right hon. E. G. Stanley, and was limited to the area of the settled counties. Note 107, page 424. The Boundaries of Counties. The boundaries of these counties as described by T. L. Mitchell have been retained to the present day. In a few instances, the calculations of the areas have been found erroneous, but in the majority these calculations are remark­ ably accurate. Note 108, page 424. Also pages 468 and 616. The limits of the Colony. The boundaries of the colony, within which settlei-s were permitted to select land, were defined as follows: — " On the North.—The River Manning, from the sea-coast, westward, to the chain of mountains at the head of that river; and that chain, extending in a general direction nearly westward, from Mount Royal to a conical summit distant four and a half miles, north 46° west, from the burning hill at Wingan, and continuing thence westward, by Oxley's Peak and Pandora's Pass, to where it is intersected by a line due north from the station at Wellington Valley, so as to include all streams, valleys and ravines, which descend to the Rivers Goulburn and Hunter. COMMENTARY. 777 "On the West.—The line above-mentioned to the station on the junction of the Rivers Bell and Macquarie, at Wellington Valley; thence the Mac­ quarie to the junction of the Currigurra Rivulet at the north-western angle of the County of Bathurst; thence the western boundary of that county, as described below, and a line in continuation thereof bearing due south to the Pic of Pabral, a remarkable mountain of a conical form; and thence the mountains of Warragong, a, lofty chain which extendsfirst southward from Pabral, and then eastward. " On the South.—The chain of mountains extending from Mount Murray, the highest point of Warragong Chain, by the Twins, two remarkable pics in the latitude of Bateman Bay, named Tindery by the natives; and thence an east line to the Shoalhaven River at the south-western angle of the County of St. Vincent, and that river ami the river Murroo, according to the county boundary, as described below, to the sea-coast. " On the 7?ii.s-i.—The sea-coast trom the mouth of the Murroo to the mouth of the Manning. "Contents.—Thirty four thousand five hundred and five, 34,505 square miles, or twenty two million eighty three thousand two hundred, 22.083,200 acres." These boundaries, together with those of nineteen counties in brief, were announced in a government order, dated 14th October, 1829. Note 110, page 448. The second of the same kind. Reference to the first claim on J. Kinchela was made in under see-retary Hay's despatch dated 28th December, 1833 (see page 308). Note 111, page 461. Two Expeditions. Notes on these expeditions will be found numbered 172 in volume XIV and 67 in volume XV. Note 112, page 465. The Governor of New South Wales teas pleased to recommend me. The recommendation was contained ir. a despatch, dated 14th April, 1831 (set (iage 244, volume XVI). Note 114, page 470. Measures mag be taken. The reference was to "An Act for protecting the Crown Lands of this Colony from Encroachment, intrusion and Trespass." Under this act, the governor was empowered to appoint commissioners of crown lands, holding the same power as bailiffs. Note 115, pages 473, 474 and 475. Resolutions.— The address.—Copies. The resolutions, address and the estimates will be found in the Votes and l>,-i,c<< dm,is. ni He Legislative Council for 1834. Note 116, pages 474 and 657. ,1 permanent Gaol at Berrima. The proposal by Governor Bourke for this gaol was dated 13th June, L834. He stated "it is proposed to erect there a substantial Gaol upon the radiating system of inspection, now generally adopted in Europe, with means of classi­ fication and suitable solitary cells." This principle was adopted, and some 0f the buildings still extant although no longer used as a gaol. 778 COMMENTARY.

Note 117, page 475. The Act. This act of council was 4 Wm. 1\, No. 9. The fees were: To the com­ missioners £6 for each and every final report made by them; and to the secretary the following fees:— £ s. r\. Forfiling any memorial or opposition thereto at the time of filing the same 1 0 0 For every summons for witnesses, each summons con­ taining four names, by the party requiring the same .026 For every witness examined, or document or voucher annexed to memorial, or produced in evidence, by the party on whose behalf examined or produced 0 1 0 For taking down the examination of any witness 0 1 0 For every 100 words after thefirst 100 additional 0 1 0 For every certificate granted by commissioners of default, refusal to answer or wilfully withdrawing of any witness 1 0 0 For every notice of claimfiled, beside s the expense of advertisement 0 2 6 For every hearing by counsel, attorney or agent, by the party requiring the same 1 0 0 For everyfinal repor t to be paid by the party or parties in whose favour made 2 0 0

Note 118, page 477. A Copy.—The representation. A copy of this letter is not available. Governor Bourke commented on the detachments at Swan river in his despatch to lord Fitzroy Somerset, dated 18th June, 1833 (see page 146 et seq.).

Note 119, page 479. The 16 Section of the Regulations. This section of the regulations, dated Sth September, 1826, will be found on page 541, volume XII. Note 120, page 482. A Copy of their Report and of the Minutes of evidence. This report was dated 28th August, 1833, and was printed, with the evidence of A. Hallen, colonial architect, T. L. Mitchell, surveyor-general, A. Berry and G. Bunn, in the Votes and Proceedings of the Legislatwi (nil ne'd. Note 121, page 482. One of the latter has already hem established. Thefirst proposal for a steam boat between Parramatta and Sydney was contained in a letter from H. G. Smith to Sir George Murray, dated 29th April, 1830 (see page 463, volume XV). Thefirst vessel to initiate the service was named the Surprise. This vessel was eighty feet long, was built at Neutral bay, Sydney, and was launched on the 31st of March, 1831. She ran between Sydney and Parramatta from July to December, 1831. In 1833, the paddle steamer Australia was employed on the Parramatta run.