STANLEY TO GIPPS. 577

LORD STANLEY TO SIR . 1R44. (Despatch No. 68, per ship Garland Grove.) Sir, Downing Street, 8 May, 1844. I have received your Dispatch No. 199 of the 1st of Decem­ ber last, in which, referring to the Correspondence with the Confirmation of Lt. Governor of Van Diemen's Land on the subject of Convict ofd^Jpat^lT Discipline, you state the conclusion at which you have arrived "convict that, except where special allusion is made to the Colony of , the instructions contained in those Dispatches are not intended to apply to it; and I have to acquaint you that you have correctly apprehended the intentions of Her Majesty's

Government in that respect. ' j am ^c_

STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 69, per ship Garland Grove.) Sir, Downing Street, 8 May, 1844. I have received your Despatch dated the 15th November, Despatch 1843, No. 187, reporting the several Appointments which you had acknowledsed- made at the new Settlement of . The appointments of Captain Wickham as Police Magistrate, and Mr. Stephen Simpson as Commissioner of Crown Lands, have already been sanctioned by my Despatch No. 87 of the llth of June last. It only remains, therefore, to signify to you Approval of my approval of your nomination of Mr. G. M. Slade to the Office GP M^iade'°* of Clerk of the Bench at Moreton Bay with a Salary of £150 a 3™T- - I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 70, per ship Garland Grove.) Sir, Downing Street, 8 May, 1844. I have received your Dispatch No. 190 of the 24th No- Despatch vember last, furnishing a Report on a Petition addressed to The ae now e ged' Queen on the 7th of November, 1841, by John Chubb of Sutton Porest, New South Wales, praying for a Grant of Land. You will acquaint the Memorialist that his Petition has been Refusal of laid before the Queen and that Her Majesty was pleased to receive }„ JSchubb. it very graciously, but that I have not been able to advise Her

Majesty to comply with the prayer of it. j have &c STANLEY. SEE. I. VOL. XXIII—2 0 578 HISTORICAL EECOEDS OF .

1844. SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 101, per ship Caledonia; acknowledged by lord Stanley, loth December, 1844.) My Lord, Government House, 8th May, 1844. Memorial I have the honor herewith to forward a Memorial which transmitted from G. Busby, has been addressed to Your Lordship by Mr. Busby, praying compensation for loss of his situation as an Assistant Surgeon on the Convict Establishment of this Colony. Mr. Busby is a member of a (Family long settled in this Colony, his Father having been in the Service of the Govern­ Employment ment; and he has himself been employed since the year 1826 as of G. Busby an Assistant Colonial Surgeon, but did not, previously to 1826, as assistant colonial hold any public employment whatsoever. surgeon. After serving at other stations, he was placed in charge of the Convict Hospital at Bathurst in the year 1828, and remained there until that Hospital was reduced in 1842 (see my Des­ patches No. 138 of the 2d August, 1842, and No. 1 of the lst Janu­ ary, 1843). Mr. Busby ceased to receive pay on the 31st August, 1842; and, as I heard nothing from him from that day until the 4th Decem­ ber, 1843, I concluded he did not intend to make any demands on the Government, it being understood that he did not wish to remove from Bathurst, where he enjoyed a considerable private practice. Compensation In December last, I received, however, from him a letter, of claimed by which I enclose a Copy, accompanied by a letter dated the 30th G. Busby. November, 1843 (of which I also enclose a Copy) which Mr. Busby had addressed to Mr. Thompson, the late Head of the Medical Department; and, having referred these letters for Mr. Thompson's report, I received from that Officer the letter, of which a Copy is further enclosed. Very shortly after the receipt of this Report, and before I had done anything on it, the present Inspector of Hospitals (Dr. Dawson) arrived to relieve Mr. Thompson; and, having referred the case to him, I received from him the Report, of which a copy is also enclosed. Report on On these several documents, I think it right to remark that claim. Mr. Busby appears to have declined promotion to the rank of Surgeon in the year 1837, because he did not wish to quit Bathurst; and I further understand that he would at present rather resign unconditionally than remove from that place. Mr. Busby, moreover, though no longer in the regular employ­ ment of Government, will continue to receive some small emolu­ ment for occasional services rendered to Convicts, as well as to a Military Detachment and the Police; and he also retains charge GIPPS TO STANLEY. 579 of his former Hospital, though it is now converted into an Estab- 1844. lishment, analogous to a County Hospital in . 8 May' Under such circumstances, I feel that I can scarcely recom- Gratuity mend the allowance of half pay to Mr. Busby, though probably a^ulby/™ a gratuity of a year's Salary might not be objected to. Owing to the reduction in the Convict Establishments, there is little probability of Mr. Busby's services being again required by Government; and I have ascertained from Sir Eardley Wilmot that there is no chance of a vacancy for him in Van Diemen's Land. I should perhaps remark in justice to Mr. Busby that, though the Government heard nothing from him between the 31st August, .1842, and the 4th December, 1843, he appears during the interval to have been in correspondence with the Head of the Medical Department. I have further to report that I have sanctioned an allowance Allowance for of £20 a year to Mr. Busby for Medical attendance on the Female temaiefecto™ Factory at Bathurst, and for such other occasional attendance and convicts as may be necessary on Convicts entitled to Medical assistance at the expense of the Government. I have long desired to reduce the Establishment, called or rather miscalled the at Bathurst, but have found it impossible to do so. Bathurst is the centre of a very extensive district beyond the Blue Mountains, in which there are numer­ ous Female Convicts, as well holding Tickets of Leave as in As­ signed Service; and, if there were no place into which to receive them when they forfeit their Tickets, or are discharged from As­ signed Service (as they frequently are in a state of pregnancy), it would be necessary to send them to , distant above 100 Miles, over a Mountainous and very difficult road. I would in conclusion suggest that the case of Mr. Busby should not be disposed of without a reference to that of Mr. Anderson, See Despatches dated and numbered as in the Margin.'"' Mr. Busby's age is 46; and he is, I believe, in the enjoyment of good health. I have, &c, GEO. GIPPS. [Enclosure No. 1.] THE Memorial of George Busby, Memorial of To the Right Honorable Lord Stanley. Principal Secretary of State G-Busb y , Sheweth, r°r the Colonies, etc., etc., etc., potion fT' That Memorialist was appointed an Assistant Surgeon in the loss of office. Colonial Medical Department on the 10th of February, 1826, by Governor Sir , and that, on the appointment of a * Marginal note.—Despatches From the Secy, of State: No. 177, 10th Augt,, 1838; No. 7, 22d Ja*ny., 1840; No. 232, 31st March, 1841; No. 110, 21st Mav, 1842. From the Governor: No. 115, 18th Novr., 1837; No. 81, 13th May, 1839; No. 141, 30th Septr., 1840; No. 193, 28th Septr., 1841. 580 HISTORICAL RECORDS OF AUSTRALIA.

1844. Military Deputy Inspector, and the assimilating, by order of the 8 May. Seeretaiy of State, of the Convict Medical Department to that of Memorial of the Army. Memorialist was continued as an Assistant Surgeon. G. Busby That, since his Appointment, Memorialist has served Continually, soliciting com­ pensation for without leave of absence, at , Moreton Bay, New­ loss of office. castle and Bathurst, at all of which Stations he had medical charge of the Military detachments. Convicts and Gaols, and, at the last named Station, also of the Female Factory. That, in consequence of the discontinuance of the Convict Hos­ pital at Bathurst, Memorialist was reduced and ceased to receive pay on the lst of September. 1S42. That Memorialist has altogether spent seventeen years of his life in the public service, and, by this sudden and unexpected reduc­ tion, has been deprived of the income on which he mainly depended for the Support of himself and family; and therefore prays that his case may be considered hy Her Majesty's Government, and that a half pay, such as is granted to Military Medical Officers of equal rank or a compensation in lieu of it, may be granted to him. All which is submitted. GEO. BUSBY. [Enclosure No. 2.] MR. G. BUSBY TO COLONIAL SECRETARY THOMSON. Submission of letter Sir, Bathurst, 4th December, 1S43. sent to J. V. I have the honor to transmit herewith a copy of a letter Thompson. I addressed to the Deputy Inspector General of Hospitals on the 30th ult. My reason for adopting the course, which I do with reluctance, fearing that it may be considered irregular, is an apprehension that the Deputy Inspector General may not consider himself tbe proper channel through which my communication should pass to the Government, an apprehension arising from the circumstance that I was not favoured with replies to several former letters (of which also copies are now transmitted) addressed to him on the same Subject. I beg leave to say that I have apprised the Deputy Inspector General of my having adopted this course. i have, &c, GEO. BUSBY. [Enclosure No. 3.] Transfer of MR. G. BUSBY TO DEP. INSPECTOR-GENERAL OF HOSPITALS. hospital stores Sir, Bathurst, 30th November, 1843. at Bathurst. In compliance with the directions contained in your letter ot the 26th ult., I have given over to the Committee of the Hospital established here the Stores, which have been in my charge since Claim bv the closing of the Convict Hospital on the 31st of August, 1842. and G. Busby have the honor to transmit to you herewith the receipt of their for continued Chairman. employment or The unexpected tenor of Your letter, in which I am addressed ns compensation. " late Assistant Surgeon," obliges me most respectfully to submit to you that the discontinuance of the Hospital at this place cannot be considered as a dissolution of my connexion with the Colonial Medical Department. My appointment bears date the 10th of February, 1820, extending back through a period of more than Seventeen years, during which I have served at Norfolk Island, Moreton Bav. Newcastle and GIPPS TO STANLEY. 581

Bathurst, and giving me a claim, as I conceive, to continued employ- 1844. ment, prior to that of many of the Officers now in the Department 8 May- who entered the Service at much later dates. Claim by When the intention of the Government to discontinue the hos- **• Busl?y pital here was made known to me, no intimation was given that my employment oi Services would be no longer required. Since the closing of the compensation. hospital, I have continued in custody of the Stores, of the official charge of which I am only now relieved. Since then, also, I have attended as before to the remaining duties of the Station, viz., to the Gaol and Watchhouse. the Factory and the Military. I transmitted to you in the usual manner the Pay Abstract for the Month of September, 1842; but this Abstract was not returned to me. On finding that my pay was withheld, and that no Steps were taken to releive me of the remaining part of the Charge here, I took an opportunity of waiting upon you in respecting my claims, and left you with the understanding that, as soon as I should be releived of the charge of the Stores, I should make such representation of my claims as the circumstances rendered neces­ sary. At that time, I was in daily expectation that the Ordnance Storekeeper would take measures for transferring the Stores to the Committee here. But, although the Chairman of the Committee wrote at my solicitation to the Colonial Secretary on the subject of these Stores, and although I addressed you both officially and privately on the same subject, it was not till after I had waited on you in Sydney last month that I obtained your authority to transfer them to the Committee myself. The cause of the delay is explained in your letter. As, however, it did not originate with me, but on the contrary, I used every means in my power to bring the matter to a close, I respectfully Submit that the length of time, which has elapsed, ought not be allowed in any degree to prejudice my claims. Your remark that the delay in the formality of giving over the Stores " could not have subjected me to any inconvenience, as I was retained by the Committee as the Medical Officer of the Estab­ lishment." On this part of your letter, I beg leave to say that I have all along acted for the Committee under an arrangement by which they were enabled to have the use of the Stores, while these Still continued in my custody, an arrangement, however, which did not interfere with the other duties and which could be relinquished by me at any time on receiving yourfinal instructions. The Com­ mittee, therefore, were not subjected to inconvenience. But my several letters to you evince the anxiety I felt to have my future position with the Government ascertained andfixed, an d may make it allowable for me to say that a delay, which has kept me in suspense on that point and without pay, has subjected me to incon­ venience. The formality itself I always regarded as indispensable, for, if I had suffered the public property in my charge to pass out of my hands without a proper authority, or in any other way than that pointed out in such authority, my conduct as an officer of the department would have been clearly open to censure. Under the circumstances now stated, I have the honor to request that you will, at your earliest convenience, submit, for the con­ sideration of His Excellency the Governor, my claim for continued 582 HISTORICAL RECORDS OF AUSTRALIA.

1S44. employment, or, if my services are no longer required, for com- b May' pensation according to the custom of Government in similar eases: Claim by and further, that you will also submit for His Excellency's con- G. Busby sideration my claim for remuneration for my services here since eSpioyrnentOT tne lst of September. 1842, when my pay was suspended. compensation. I have. &c, GEORGE BVSBT. [Enclosure No. 4.] DEP. INSPECTOR-GENERAL THOMPSON TO COLONL\L SECRETARY THOMSON. Sir, loth Jany.. 1S44. Report on Having received a communication from the late Colonial As- oSB1Sbfb sistant Surgeon at Bathurst. Mr. Busby, dated 4th Deer., and j.'v.lThompson. stating that he had submitted thro' you to His Excellency the Gov­ ernor Copies of all the correspondeuce that had passed between himself and me since the closing of the Hospital at that place, as transmitted with your letter of the llth of December, together with a minute of His Excellency the Governor; I have the honor to state in attention to the same that no other intimation was considered necessary to him than that the Hospital at Bathurst was ordered to be broken up and the Hospital closed on the 31st of August, 1S42. which of course implied that the Pay of all the Persons connected with it was to cease from that date. Mr. Busby, I beg to state, being one of the three Senior Assistant Surgeons who refused Promotion on a former occasion on the condi­ tion of removing to Sydney, he could hardly expect to be continued in the Service in preference to those who had not thus forfeited their claims upon Government, and that he was perfectly aware of this being the case was evinced by his sending me his Resignation at the time of the closing of the Hospital, but which I refused to submit to His Excellency, because I thought it would militate against any claim he might have to make on account of his Ion? and faithful services, and which, knowing his intention of doing. I have repeatedly urged him and his brothers on several occasions to do from himself, offering to forward and to back his claims in the strongest manner I could. This he has deferred until the pre­ sent time, and now, in place of making the application from him­ self to His Excellency, he appears to wish that I should do it. I have therefore to submit to His Excellency that I cannot con­ sistently recommend more than what has been allowed other Medical Gentlemen doing similar duties of District Surgeons of £50 per annum with Medicines, from the closing of the Bathurst Con­ vict Hospital 31st of August. 1S42. But, as Mr. Busby from his previous services may be supposed to have superior claims. His Excellency may probably be disposed to sanction his receiving at the rate of os. per diem, tcithout Medicines; and, as he has had all along the Medical Charge of a large Military Detachment, the Gaol, Police, and Convicts in the Service of Government, for all of which he would be allowTed to make a charge upon Government, 1 should think the above an economical arrangement, as there can be little doubt but he might Swell a Bill to a considerably larger amount, and also make a claim for compensation. GIPPS TO STANLEY. 583 Mr. Busby seems to attach some importance to the circumstance 1844. of his not having been releived officially of the charge of the Hos- 8May. pital Stores and Bedding; and, altho' I had an order to that effect Report on from His Excellency, I always felt a delicacy in interfering with claims of those Ordnance Stores, until the transfer was approved from ]&, jUyy Home; as in the Military Service these are understood to be in Thompson; the possession of the Barrack or Ordnance Department, and in passing from one hand to another always go through the inter­ medium of that Department. The delay however has not been attended with the slightest inconvenience, as. the Bathurst Hos­ pital Committee having engaged Mr. Busby as the Medical Officer, and knowing the intention of Government, he has all along had the use of and employed the Stores in the Hospital precisely in the ' same manner as if they had been formally turned over. And have, &c, JNO. V. THOMPSON, Depy. Inspector General. [Enclosure No. 5.] CASE of Assistant Surgeon Busby, of the Colonial Medical Department. Sydney, 11 March, 1844. HAVING attentively perused the correspondence handed to me by and by His Excellency the Governor, principally composed of Mr. Busby's w- Dawson. own letters, I infer, from the tenor of these letters and more especi­ ally from the fact of Mr. Busby having made no remonstrance or complaint on his pay as Assistant Surgeon being Stopt, that he considered himself as no longer entitled to full pay, and acquiesced in his Reduction at the time the Hospital at Bathurst was closed. Mr. Busby's pay had, to September, 1S42. been issued to him monthly; in his letter, he does not ask for a removal of it, but only for remuneration for the services he continued to perform after the closing of the hospital, as well as a consideration of his claim for recompense of his past Services. The services, he was continuing to perform, were the Medical Duties required at the Gaol and Watchhouse, the Military Station, and the Factory. He ought to have been aware that he must look to the Colonial Authori­ ties for payment of his services at the Gaol and Watchhouse, which are under their directions; for his attendance on the Detachment of Her Majesty's troops at Bathurst, I will put him in the way -of receiving the payment he is entitled to; and, for remuneration for the duties he has performed at the Factory, I recommend that he should apply to His Excellency the Governor, Mr. Busby is an Officer of a Colonial Medical Corps, formed by order of the Secretary of State for the Colonies, assimilated iu rank and pay and in the nature of its duties to the Medical Staff of Her Majesty's Army; in addition to their Colonial duties, the Officers of this Corps are constantly called on to assist in, and to perform Military Medical duties, and they are equally subject, as the officers of our Staff are, to Sudden removal from Station to Station. Hence I presume that, when from reduction of the Convict Establishment their services may be dispensed with, they "have reason to hope for an Half Pay or compensation in lieu of it. 584 HISTORICAL RECORDS OF AUSTRALIA.

1844. Mr. Busby's Services have been long, and I beg to Suggest that s May. ke rnay be advised to prepare a Statement of them to be laid before His Excellency the Governor with a petition to have his Case re­ commended to the consideration of Her Majesty's Government. W. DAWSON, M.D., Dy. Inspector General of Hospit-.!

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 102, per ship Caledonia; acknowledged by lord Stanley, 15th December, 1S44.) My Lord, Government House, 8th May, 1844. Having with my Despatch of this day's date, No. 101, transmitted a Memorial from Mr. Busby, praying compensation for loss of Office as an Assistant Surgeon on the Convict Estab­ Report re lishment of this Colony, I think the occasion a proper one for case of A. Gamack. reporting on some other matters connected with the Medical Department, and first on the case of Mr. Gamack, which is one precisely similar to that of Mr. Busby. Mr. Gamack was in charge of another of the Hospitals (that of Windsor) at the time when it was reduced (see my Despatch No. 138 of the 2d August, 1S42); and the Head of the Medical Department, Dr. Thompson, recommended that Mr. Gamack should at the same time be reduced, rather than a junior Officer, in consequence of his having (like Mr. Busby) refused promotion when offered to him on condition of removing from Windsor to another Station. Circumstances, however, having caused Mr. Gamack.no longer to wish to remain at Windsor, he claimed to be continued in the Service, and insisted that the junior As­ sistant Surgeon ought to be reduced instead of himself. Various incidental calls for the professional services of Mr. Gamack delayed the settlement of this question; and it was still waiting" my decision, when Dr. Dawson, the new Head of the Medical Department, arrived. I consequently referred it to him, and I herewith transmit a copy of his Report, by which Tour Lord­ ship will perceive that, in Dr. Dawson's opinion, the services of Mr. Gamack are still required in the Department. There was a third Hospital reduced in 1842, namely, that of Goulburn (also reported in my Despatch No. 13.8 of that year);. Transfer of it is therefore proper for me to explain that the Medical Officer medical officer from Goulburn. in charge of that Hospital was transferred to Port Macquarie on the death of Dr. Mollison, which took place in the month of April, 1842. I have further to report that I have, within the last few days, Resignation received the resignation of Dr. Reid, one of the Assistant Sur­ of assistant geons on the Convict Establishment, stationed at Norfolk Island;. surgeon at Norfolk island. and consequently that the number of Medical Officers on that GIPPS TO STANLEY. 5 So

Establishment will be further reduced, as I do not purpose to 1844. „n -i • 8 Mav. fill up his vacancy. The number of Medical Officers on the Convict Establishment Medical officers in New South Wales (exclusive of Mr. Busby) is now as establishment- follows :— 4 Surgeons stationed at Sydney, Parramatta, Newcastle, Port Macquarie. 5 Assistant Surgeons stationed at Sydney (two), Liverpool, Moreton Bay, Norfolk Island. The Hospital at Moreton Bay will be converted into a Colonial Further changes Establishment as soon as circumstances will possibly permit; propose • and the Assistant Surgeon at Norfolk Island will, like the Island itself, be transferred on the 29th September next to the Govern­ ment of ATan Diemen's Land. I have, &c, GEO. GIPPS. [Enclosure.] CASE of Assistant Surgeon Gamack of the Colonial Medical Department. Sydney, llth March, 1844. FEOM the personal observations I have been able to make at Syd- Report by ney, Parramatta and Liverpool, and the number of the Sick at *,'o^ers" these places, as well as from the reports I have received of the required in number of Sick at Newcastle and at Port Macquarie, I cannot colonial coincide with Dr. Thompson in the propriety of recommending any medical corps. reduction of the Colonial Medical Corps. Sydney is the only Station where there are two Medical Officers, and, from the exten­ sive nature of their duties, neither of them could on any emer­ gency be temporarily spared. The officers at all the other Stations must have as much employment in the conscientious discharge of their present duties as they can go through; and, should Epidemic or Severe Sickness shew itself, they must be assisted. At Liver­ pool especially, where the number of Patients in the Hospitals is now 124, the duties must be greater than can be continuously per­ formed with efficiency by one Officer. I beg, therefore, to recom­ mend that a Second Medical Officer be stationed at Liverpool. His services might occasionally be available elsewhere, should at any time the relief of one of the other Officers be necessary owing either to his own Sickness or an increase of his duties from unusual -Sick­ ness in his Hospital. The procuring of temporary Medical aid in such an emergency might be difficult and most probably would be expensive. W. DAWSON, M.D., Dy. Inspector General of Hospitals. SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 103, per ship Caledonia.) My Lord, Government House, 8th May, 1844. With reference to my Despatches Nos. 101 and 102 of this Reference day's date, on the subject of reductions in the Convict Medical despaTches! Establishment of this Colony, and also with reference to Your 586 HISTORICAL RECORDS OF AUSTRALIA.

1844. Lordship's Despatch No. 67 of the Tth May, 1843, I have the 8 May. honor to enclose a copy of a letter which I caused to be addressed to the Government of Van Diemen's Land on the 6th November, 1843; also a copy of the answer which I received from that Gov­ Inability to ernment. From the latter, Your Lordship will perceive that employ reduced there is but little chance of a provision being found in VIMI Die- officers in Tasmania. men's Land for Officers of the Convict Establishment reduced in New South Wales. j }jaye £Ci<

GEO. GIPPS. [Enclosure No. 1.] COLONIAL SECRETARY THOMSON TO COLONIAL SECRETARY BICHEXO. Colonial Secretary's Office, Sir, Sydney, 6th November, 1S43. Proposal for I am directed by His Excellency the Governor to state, for employment of the information of His Excellency Sir Eardley Wilmot, that, as reduced officers in Tasmania. the gradual diminution of the Convict Establishments in this Colony have already rendered the Services of some Officers unnecessary, and further reductions must shortly be made, Sir George Gipps is anxious to bring under the consideration of Sir Eardley Wilmot, whether some of the Officers, Clerks or others, so displaced, may not be provided for in Van Diemen's Land, and claims be thus obviated, which may otherwise be made on the Home Government for compensation for loss of Office. The Persons now disposable consist of two or three Medical Officers, and about the same number of Clerks. I have, Ac., E. DEAS THOMSON. [Enclosure No. 2.] COLONIAL SECRETARY BICHENO TO COLONIAL SECRETARY THOMSON. Yan Diemen's Land, Sir, Colonial Secretary's Office, 27th November, 1843. Letter I have the honor, by direction of Lieutenant Governor acknowledged. Sir Eardley Wilmot, to acknowledge the receipt of your letter of the 6th instant, stating that two or three Medical Officers and about the same number of Clerks have been thrown out of employment by the reduction of the Convict Establishments in New South Wales, and conveying Sir George Gipps' wish to have them pro­ vided for in this Colony. In reply, I have the honor to state, for the information of His Excellency Sir George Gipps, that the Lieu­ tenant Governor admits the advantage it would be to the Home Government, if opportunities occurred of reappointing these Gentle­ Inability to employ Teduced men to Situations under this Government; yet. as the Home Gov­ officers in ernment are sending out persons to this Colony displacing persons Tasmania. holding situations here. His Excellency regrets that he cannot hold out any hope or expectation of finding appointments for these Gentlemen who have been suspended in Sydney. I have, &c, J. E. BICHENO, GIPPS TO STANLEY. 587

LORD STANLEY TO SIR GEORGE GIPPS. 1844. (Despatch No. 71, per ship Garland Grove.) Sir, Downing Street, 9 May, 1844. I have laid before The Queen your Despatch No. 206 of Allowance of the llth of December, 1843, reporting on an Act passed by the act. Legislative Council of New South Wales, entitled (No. 4-5 Yict.) " An Act to make further provision for the trial of cases in the Circuit Courts of New South Wales, and to amend in certain respects the Act providing for Trial by Jury in such" Courts." I have received The Queen's Commands to acquaint you that Her Majesty has been pleased to confirm and allow the before mentioned Act. You will communicate Her Majesty's decision to the In­ habitants of the Colony of New South Wales by a Proclamation to be published in the usual and most authentic manner. I have, &c, STANLEY

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 104, per ship Caledonia.) My Lord, Government House, 9th May, 1844. With reference to the Postscript to my Despatch No. 68 of Transmission the 21st March last, I have the honor to forward herewith the aborigines011 Annual Eeports for 1843 on the condition of the Aborigines of this Colony, which were not furnished in time to accompany that Despatch, from the Commissioners of Crown Lands for the Districts of Wellington, Lachlan, and Clarence Rivers. I have, &c, GEO. GIPPS. [Enclosure No. 1.] MR. W. H. WRIGHT TO COLONIAL SECRETARY THOMSON. Border Police Office, Sir, Wellington, 15th January, 1.844. With reference to srour letter of the 2nd of July, 1841, in Report on _ which attention is requested to the 6th Section of the Despatch of ^^}^^ in Lord John Russell to His Excellency Sir George Gipps, of 25th Wellington. August, 1840, I have the honor to report, for the information of His Excellency the Governor, that, since my entering upon the duties of Commissioner of Crown Lands, a period of six months, I have. in compliance with His Excellency's general Instructions, endeav­ oured on every opportunity to make myself acquainted with the condition of the Aborigines, and in every way to conciliate them; but from the limited period since my appointment I am not pos­ sessed of as much information as I would wish. The following is, however, the result of the experience I have gained. 588 HISTORICAL RECORDS OF AUSTRALIA.

1844. The numbers of the Aborigines in the Border District of Wel­ 9 May. lington I estimate at Five hundred, who live on the principal Report on Rivers, the Macquarie, Lachlan and Bogan, and most of them have aborigines iii constant intercourse with the Whites, by which their moral condi­ district of Wellington ; tion is in no way improved. At most of the Stations in the District, I have observed the Aborigines associating with the Whites, and a good feeling seems generally to exist between the races; and I am of opinion that, in almost every case where a rupture takes place, it proceeds from positive aggression or inexcusable neglect on the part of the White men. From personal observation, I believe the Aborigines on the Mac­ quarie and Lachlan Rivers at present an inoffensive people and becoming civilized, inasmuch as they understand in some degree the value of property; and some will even make engagements of Service for short periods; and I have generally seen the Wages, so obtained, spent in the purchase of Flour, Sugar, Tobacco and Clothes sometimes. Of the Natives of the Bogan, I can say nothing from personal knowledge. I have been once called upon in a case where some Cattle of Mr. Wr. Lawson, Junr., were injured by them at " Warran," which, on investigation, as reported by me in my letter of 26th Septr. last, I attributed to the mismanagement of that Gentleman's Superintendent. With this exception, I have heard of no outrage committed by the Tribe inhabiting the Bogan about " Mudall," or immediately below the Stations formed on that River, since I have been in the District; but, having at all times in my power sent a portion of the Police to Patrole on that River and the lower Mac­ quarie (the usual resort of the Mudall Tribe when out of their own particular tract of country), I cannot say whether the late peaceable conduct of that Tribe is to be considered arising from a more friendly disposition towards the Whites than they formerly evinced, or from the presence of the Police. I have, &c, and of W. H. WRIGHT, Lachlan. Commr. of C. Lands. [Enclosure No. 2.] REPORT upon the condition, etc., of the Aborigines inhabiting the Lachlan District during the Year 1843. No. 1. Relating to the condition of the Natives. I DO not consider the condition of the Aborigines in any way im­ proving, neither do their habits change, or is any improvement likely to take place so long as they retain their present wandering life; and it is quite impossible to induce them to settle long at one place. I have known a few instances of Children, brought up at Stations to the age of 14 or 15, then leave and join their Tribe; and nothing would induce them to give up their wild Bush life. The Natives, that are termed civilized, " those that are constantly living at Settlers' Stations," cannot be persuaded to alter their condition by following a civilized life or occupation. No. 2. Their Numbers. There are five or six hundred Blacks in the Lachlan District. GIPPS TO STANLEY. 589

No. 3. Residence of any particular place. 1844. The Aborigines have no particular or fixed place of residence, ——' although each Tribe have their own River and Country, which they Report on Seldom leave except for the purpose of having a fight or jubilee aborigines in with a neighbouring Tribe. They wander from place to place in Lachian° their own District, generally forming their Camps in the vicinity of the Settlers' Stations. No. 4. The Social condition of the Natives. Their present state is rather better than formerly, owing to the kind treatment they receive from the Government in issuing Blankets, Tobacco, etc., which they value very much. The Settlers are also very good in giving them provisions, which tends in a great degree in keeping the Natives from Spearing and driving the Cattle from their runs, and consequently prevents many disputes and collisions between the Settlers and Aborigines. From their present mode of living and the great dislike the Blacks have to a civilized life, I do not consider that their future prospects will improve, and, as the country becomes more thickly inhabited by Europeans, the Natives gradually disappear. EDGAR BECKHAM, Commr. Cn. Lands, Lachlan District. [Enclosure No. 3.] MR. 0. FRY TO COLONIAL SECRETARY THOMSON. Commissioner of Crown Lands Office, Sir, Clarence River, 24th March, 1844. In forwarding the Annual Report on the state of the Abori- and of gines in the District of the Clarence River for the year 1843, I do Clarence river. myself the honor to inform you that, during the above year, a very material alteration has taken place in the position in which the Tribes on the Clarence stood in relation to the Settlers in that division of this district. In my report for the year 1842, when characterizing the Aborigines in this district, I stated that they evinced a strong disinclination to any intercourse with the Whites, rarely coming to the Stations, and appearing impatient on any Europeans approaching their Camps; and, when alluding to their demeanour with reference to the Settlers, I had the melancholy duty of reporting that, in that year, three Murders had been com­ mitted by them on the River Clarence alone. I have now, however, to state that, during the year 1843, their feelings towards the Whites seem to have quite changed, for scarcely a day elapsed throughout the entire year, in which they were not in at some of the Stations, frequently encamping within sight of the Huts, and manifesting the utmost confidence and good feeling. Nor have I, in speaking of their conduct, to report a Single outrage committed by them on any Establishment on the Clarence. On the Richmond, and in the more Northerly and recently located parts of the District, the Tribes still continue in their primitive W^ild state, seldom approaching the Stations, or communicating in any way with the Settlers. On referring to their conduct throughout the year, I regret having to record the Murder of a Hutkeeper on the Station of Messrs. Thompson and Wilkin, which occurred on the 24th of May last; but, from that date until the end of the year, they continued perfectly tranquil. I have, &c, OLIVER FRY. 590 HISTORICAL RECORDS OF AUSTRALIA.

1844. LORD STANLEY TO SIR GEORGE GIPPS. 10 May. (Despatch No. 72, per ship Garland Grove.) Sir, Downing Street, 10th May, 1844. Proposal for I transmit to you herewith a Copy of a Letter from the mission for Secretary to the Society for the propagation of the Gospel, con­ religious instruction taining a project for the maintenance of a Mission for the Re­ in district of ligious Instruction, at the same time, of the European population Port Phillip. and of the Aborigines in the District of Port Phillip. You will perceive that the Society propose to defray a portion of the charge of such an Establishment from the funds at their disposal, and that the other portion of the charge should be met by endowments in the shape of Land. Upon that part of the project, I have thought it right to refer to the Colonial Land and Emigration Commissioners, a copy of whose Report I enclose. General It appears to me deserving of consideration how far the ill approval success, which has hitherto attended Missionary efforts in New of proposal. South Wales, is likely to be obviated by the combination pro­ posed in the present plan of two separate modes of instruction; and I entirely agree in the importance of affording, if possible, spiritual aid to the scattered White Settlers, Whose families must be at present, in many cases wholly deprived of the ordinances of Religion. I have thought it right that a proposition of this nature, in­ volving a liberal expenditure on the part of the Society, should Suggested be referred to the Local Government; and you will consider and reference to judge how far it is expedient to submit it to the Legislature, as legislative council. it would not be practicable to carry out such an arrangement without the intervention of the Legislative Council. Whatever may be your decision on that point, I should wish to receive from you a report of your opinion on the proposal of the Society. I have, &c, STANLEY. [Enclosure No. 1.] MR. E. HAWKINS TO LORD STANLEY. My Lord, 79 Pall Mall, 4th April, 1844. With reference to my Letter of the 13ith July, 1843, calling Your Lordship"s attention to the Religious condition of the British and Native Population in the Interior of Port Phillip, as described in the accompanying Report, I am directed by the Society for the Propagation of the Gospel to submit the following suggestion:— Proposed use of "village It appears that certain portions of Land under the name of " Vil­ reserves." lage Reserves " have been set apart in favorable situations for the public purposes of the Colony, and that these Reserves might with­ out difficulty be made available for the moral and religious improve­ ment both of the Aborigines and of the British Settlers. There is reason to believe that such an application of them would be approved in the Colony, as it would tend to relieve the General STANLEY TO GIPPS. 591 Revenue from the charge of supporting both its own Religious In- 1844. stitutions and the Establishment of Protectorates for the Natives. 10 May. The Society therefore has directed me to request that Your Lord­ ship will refer this proposal, should it approve itself to your judg­ ment, for consideration to the Governor of New South Wales. I have, &c, ERNEST HAWKINS. [Sub-enclosure No. 1.] OUTLINES of a Plan of a Mission for Maintaining the Ordinances of Outlines of Religion amongst the British Population in the interior of the ^fj'^jj, Port Phillip District, and for instructing the Aborigines in the district of principles, of Christianity. Port Phillip. I. The Objects. 1. To provide an Itinerating Ministry sufficient to impart Religious Instruction to a considerable part of the British Population. 2. To undertake the general superintendence of the Religious and Moral Instruction of the Aborigines. II. The Means, To place two Missionaries at each Aboriginal Station, viz.: At Western Port, 2 ; The Goulburn, 2 ; Mount Rouse, 2 ; The River Loddon, 2—8 ; at each station one good Schoolmaster, 4. 111. The Mode. 1. One of the Missionaries at each Aboriginal Station to devote himself to the Blacks, the other to the White Population within a reasonable distance, to take the respective duties by turns, say in alternate months. 2. The Schoolmasters to be under the Superintendence of the Missionaries and to be men of respectable attainments and of perseverance. 3. The Missionaries to communicate with their Ecclesiastical Superior as to all matters affecting their Duties, and also to the civil authorities in all proper cases, such cases to be defined as particular as may be. 4. Various other regulations to be made in respect to the Aborigines to carry out more effectually the objects of the Mission in advancing their Civilization and Religious Instruction. (These will perhaps be matters for Legislative Enactment, and need not be considered here.) IV. Means of Support. One half of the support of the Missionaries to be borne by the Church of England Societies, the other half by the Colonial Government. The Church of England, con­ sidering it as part of her Apostolic Mission more especially to preach the Gospel to the heathen subjects of the British Crown, is willing to take the whole- expence on herself of the ministry to the White Population, as already detailed, instead of putting forward her claim to that assistance from the State, to which according to the existing Colonial Regulations she is in justice entitled, as much as in the ease of Town population. She, therefore, in return for the Expenditure here proposed, only claims what may fairly be considered as necessary for the instruction of the Aborigines in giving effect to the present plan, which it is submitted will advance their welfare along with the moral and Religious improvement of the White Popula­ tion and serve to promote decency and order, and a good understanding between the two Races. V. Expences. Pour Clergymen to be maintained by the Church Societies on a salary say of £250 each £1,000 Horse and allowances £50 200 Expences to be borne by Government—• •• ggg Four Clergymen with allowances as before 1,200 £2,400 N.B.—(The Salary for the four Schoolmasters required is already included in the expences of the Protectorate; no additional expence is therefore entailed under this head). It is submitted that this arrangement combines economy with efficiency in a great degree, embracing the improvement of both the Blacks and Whites, and enabling the Missionaries by an interchange of duties to go through more work than if always confined exclusively to either Branch; constant itinerating would wear down the strongest constitution, but such a result would thus be obviated. On higher grounds, it ought to be borne in mind that the efficiency of the Missionaries would thus be increased as has been proved in all Missions even from the very earliest times. 592 HISTORICAL RECORDS OP AUSTRALIA.

1844. The Schoolmasters also by being put under this superintendence would be likely 10 May. to discharge their duties more beneficially, as has always been found to be the case by experience. Proper conduct on their part and that of all the other subordinate Outlines of Officers connected with the Aborigines towards the Protectors will thus be ensured. plan for These advantages arising from the properly defined position and authority of a mission in Minister of the Gospel are important, as well as the instruction personally com­ district of municated by them. The example too and practice of regular discipline and sub­ Port Phillip. ordination cannot fail of producing good results upon the Aborigines, and furthering their civilization as must also the general propriety of demeanor, which it may be hoped will thus be insured. It is submitted that this proposed Establishment provides in the most effectual way for the peculiar position in which the two distinct Races are placed in the Bush by placing both under one system of Instruction and Religious Superintendence. The moral improvement, which under the Divine Blessing may be hoped to be effected by the ministrations of Religion amongst the White Population hitherto neglected, and too much removed from restraint, will take away a chief obstacle to the advancement of the Blacks, while it will tend at the same time to diminish those causes of collision justly lamented by His Excellency Sir George Gipps in his Despatch* on the progress of Australian Discovery. The truth of Religion, being thus taught to both the Whites and Blacks by the same individuals as Messengers of Peace, will it is hoped tend to produce one of the great objects of their promulgation, the promotion of harmony and good will. This organization in instructing the Blacks and Whites by the same individuals and under one uniform system will effect a far greater and more permanent degree of improvement than any desultory efforts. The instruction of the Aborigines, it is submitted, should be under regular system and superintendence and as such come under the notice of Government, as the duties of the Protectorate do, in what may be considered to belong more especially to their temporal and civil interests. The systematic operation of the plan cannot fail of being far superior to any desultory efforts and undefined attempts and is calculated to advance the mutual interests of the two Races, each of which so mucli affects the other. It is to be observed that, in the evidence given before the Committee of the House of Commons on the subject of the Aborigines of Australia, great stress is laid upon the Religious Instruction of the remote Bush Population, considering that any attempts really and permanently to benefit the Aborigines would be futile without it. The basis of the present proposition is that Christianity is the proper foundation alike for civilization and of respect for human Laws. It will not be disputed that the British Government is called upon to provide for the Civilization and Religious enlightenment of the Aborigines of this Country;the Church of England recognises similar duties; and, in submitting the present pro­ position, it is felt that she adopts the human means most tending to their accom­ plishment, while undertaking to administer at her own entire charge her Or­ dinances to the White population brought chiefly and in the most critical way into contact with them. The more the Whites in the Bush are brought under the influence of-Religion, the more easy humanly speaking will be the instruction of the Blacks. Recapitulation. 1. The Object is to maintain the knowledge of Religion amongst the Whites, and to impart it to the Blacks by one and the same agency. 2. For this combined effort are required as a beginning Eight Clergymen and Four Schoolmasters. 3. The Expences to be borne jointly by the Church of England Societies and the British Government. Vizt.: Expenditure by the Government for— Report of dis­ 4 Missionaries say £1,200 trict committee 4 Schoolmasters sav each on a Salary of £150 600 on religious — 1,800 condition of Expences to be borne by the Church Societies 1,200 population Total per Ann. for the Mission £3,000 in district of [Sub-enclosure No. 2.] Port Phillip. REPORT of the Port Phillip District Committee of the Societies for Promoting Christian Knowledge and for the Propagation of the Gospel in Foreign Parts o« nNot the e64 Religiou. s Condition and Pros­ pects of the Population in the interior of the Port Phillip District. THE attention of the Port Phillip District Committee of the Societies for promoting Christian knowledge, and for the Propagation of the Gospel in Foreign Parts, having been directed to the large population in the interior of the Country and to STANLEY TO GIPPS. 593

their Religious condition and prospects, the Committee deemed it very desirable that 1844. such statistical information should be obtained on the subject as would enable them 10 May. to ascertain the amount of population scattered over the wide extent of Country, and thence to estimate and lay before the Public their spiritual destitution on the Report of dis- total absence of religious instruction and Ordinances. The necessary enquiries were trict committee accordingly entered into, and the Sub-Treasurer of Port Phillip kindly allowed free on religious access to the Returns and other documents in his possession bearing upon the point; condition of and the Chief Protector of the Aborigines with equal readiness gave such information population regarding the numbers and local haunts of the Aborigines as to induce the Com- in district of mittee to believe that they are in a position to lay before the Public a statement Port Phillip. that may be depended upon as correct of the entire population living in the Bush without a Minister of Religion among them. From the returns made to the Treasury every half year by the Commissioner of •Crown Lands, it appears that, in the District Westward of Melbourne denominated the Portland Bay District, there are on the Crown Lands 1,850 Souls from Great Britain and Ireland, and in the District to the North and East, called the Western Port District, there are 2,295. These are the numbers on Crown Lands, but in each District there are at the least 500 on Private Estates, which are not included in the Commissioners' Returns. In addition to this, there is always a moving population in the Bush of perhaps 500 in each district, more especially at the season for "Sheep Shearing. Besides, there are above TOO Aborigines about Mount Rouse and the River Loddon, that is, to the Westward of Melbourne, and 600 about the Goulburn "River, and east from Melbourne and near the Towns of Melbourne and Geelong; but, beyond the reach of the regular ministrations of religion, there are at least 2,000 Christian Souls. These together amount to a population of 9,445 thus classed and distributed. Westward from Melbourne— On Crown Lands, 1,850; On Private Estates and Small farms, 500; Going up the Country for employment and returning, 500; Near Geelong, 800 ; British Population, 3,650; Aborigines, 700—4,350. North and East from Melbourne— On Crown Lands, 2,295; On Private Estates and small farms, 500; Going up the Country for employment and returning, 500; Near Melbourne, 1,200; British Population, 4,495 ; Aborigines, 600,—5,095. Total, 9,445. British Population 3,650, 4,495—8,145. These are scattered over a District extending 300 Miles from East to West, and to about 150 Miles inward from the Coast. Beyond these limits to the North, there are about 3,000 Aborigines in tribes, each having their locality. In estimating the population around Melbourne and Geelong, and that on small farms, the Committee feel anxious that the numbers given are below the actual amount, as the class of cultivators of the soil is rapidly increasing.. It therefore appears, from returns and statements on which the greatest reliance may be placed, that the population in the interior, entirely without the Ministration and Ordinances of religion, amount to no less than about 9,000, and that there are about another 1,000 who only occasionally and at very long intervals are visited by a Minister of Religion. It further appears that, amongst the British Population in the Bush, there are 1,300 Aborigines in a savage and entirely uninstructed state. Thus are many thousands of our Countrymen, of whom a large proportion came to this Country, but little under religious influence and guidance, placed in the most unfavorable circumstances, and in the most neglected condition with regard to Religion; 1,300 naked Savages roaming about amongst them to the injury and deterioration of both races. The total absence of any Religious Ordinances to call the attention and thought to the Public Worship of Almighty God, and the things which concern the Soul's salvation and the day of Judgment, and the want of any­ thing to mark the sacred day of Holy rest, induce a carelessness and indifference to religion, which amount almost to practical Atheism, a living without reference to God; while removed from outward restraint and the checks which Society imposes, together with the leaven of some hundreds of degraded and untutored savages, expose all to moral contamination, and allow the vicious and polluted to proceed to great excesses in immorality. The entire absence of Religious Ordinances and of Family Devotion prevails throughout the greatest extent of the Bush, while only here and there is the Lord's day observed bv the Settler calling his Servants together for the reading of God's Word, and the Worship of his holy Name. In this state of things, not only do Religious impressions gradually wear off, but the knowledge of even the nrst principleSEK. I.s oVOLf Christianit. XXIII—y i2s forgottenP , and Children, growing up amongst parents thus lapsing into ignorance and irreligion, receiving neither the knowledge of the truths of Christianity nor seeing the example of religious observances and habits, seldom or never hearing the name of the Blessed Saviour, except in connexion with profane swearing or some horrid oath, are nearly in the condition of the un­ enlightened heathen. In a succeeding generation thus situated, the knowledge of Christian doctrine obliteratedwould be .almos t lost, and all traces of Religious Worship and observances nearly 594 HISTORICAL RECORDS OF AUSTRALIA.

1844. With a view to direct attention to localities, the Committee have considered it ex­ 10 May. pedient to take certain spots as Centres, around whieh, to a distance of above 30 Miles, they have endeavoured to ascertain the amount of the population. They have fixed Report of dis­ upon four central stations, which have been appropriated by Government to the trict committee peculiar use of the Aborigines as places on which they might be collected and on religious experiments made to civilize them. On these localities, the Aborigines are at condition of present collected in considerable numbers, under the charge of Government Officers population denominated Assistant Protectors. These localities are Mount Rouse and the River in district of Loddon, towards the West and Xorth West of Melbourne, and the Native Stations Port Phillip. on the Goulburn and at Dandenong on the North and East. At Mount Rouse there are about 300 Aborigines with access to 8>00 more; and, within a radius of 35 Miles around that central Station, there are no less than 1,046 Christians scattered in the Bush in threes and fours without ever seeing the face of a Clergyman from one year's end to another. This presents a field of Spiritual labor for at least two zealous and active Missionaries to be constantly itinerating by turns to carry the ministrations of Religion to a population so scattered. The Loddon Protectorate station has on it about 300 Aborigines (with access to 800 more beyond the occupied Country) and around that centre, with the same radius as before, there are scattered in small numbers at distances of a few miles 1,102 Christians in the same state of spiritual destitution. Here again is more than enough for the constant exertions of two Missionaries. On the Goulburn, there are about 400 Aborigines at the Station, and 1,000 more in accessible tribes; and, within a circuit of similar extent of those described, there are 750 of our Countrymen similarly situated with those around Mount Rouse and on the Loddon. The remaining Native Station is Dandenong about 20 Miles east from Melbourne; on it there are 200 Blacks and around it 290 Whites on Crown Lands, besides above 100 on purchased Estates near Melbourne in the same want of Religious Instruction and Ordinances. Besides the numbers given as stationary in each of these circuits, there are 957 in corners beyond the limits described, and 100 perpetually moving in the Bush, besides at least 2,000 on small farms at the distance of 8 to 10 Miles from Melbourne and Geelong, as has already been noticed in giving the Estimate of the entire population. The following view may serve to show at one glance the numbers in each circuit entirely removed from the restraint, the guidance, the consolations and hopes of religion as regardMouns tPubli c WorshiThe p and Ththee MinistratioDandenongn o,f God'Totalss Wor. d Rouse. Loddon. Goulburn. and Sacraments. White Population in the Bush. 1,046 1,102 750 290 3,188 270 270 250 167 957 Moving Population 250 250 ' 250 250 1,000

Totals 1.566 1,622 1.250 707

Total British Population entirely destitute of Religious Ordinances 5,145- On Purchased Lands 1,000 In Villages and Farms near Town 2,000 3,000 Total British Population 8,14» Aboriginal or Black Population.

Mount The The Dandenong. Totals. Rouse. Loddon, Goulburn,

400 300 400 200 1.300 Accessible beyond the limits of occupation ... 800 800 1,000 2,600

1,200 1,100 1,400 200

Total Black Population, 3,900. White Population, 8,145 ; Black Do, 3,900 ; Grand Total, 12,045. STANLEY TO GIPPS. 595

This view presents to the mind much to excite our sympathies and fears and to 1844. call forth our active exertions to supply at least some of the Religious wants of our 10 May. fellow Christians in the Bush. Their condition holds out, to the venerable Societies for Promoting Christian knowledge and for the Propagation of the Gospel in Foreign Report of dis­ Parts, such a scene of spiritual destitution as called these noble Institutions into trict committee existence, when thousands of Our Christian brethren were similarly situated in the on religious North American Colonies nearly a Century and a half ago. Worse therefore and condition of under more aggravated circumstances of Religious destitution than they -were then in population the Plantations, are our Bush population at' the present day in this wide tract of in district of Country without the observance of- the Lord's day, without the celebration of Public Port Phillip. Worship, without the Ministrations of Religion, and without even the occasional visit of a Clergyman either to counsel or comfort, rebuke or exhort. This is their condition, and, to add to the evils to which they are thus exposed, there are living amongst them 1,300 of the most degraded Heathens. As the limits of occupation extend, this evil will be increased, for there are nearly 3,000 Blacks at no great distance beyond some of the remote stations on which herds and flocks are now running. The further the Bush is penetrated, the greater the evils to which all are exposed. Such being the Religious condition of the Population in the Bush, without any prospect of a better state of things arising out of the efforts of that population itself, the Committee feel that they would be wanting in sympathy towards their fellow Christians, so situated, and also wanting in confidence in the readiness of the Church Societies to render aid, were they not to make known this, great Spiritual destitution to the Venerable Societies, which have already done so much to supply the Religious wants of this Country. The Committee, therefore, is desirous to second the efforts of their beloved Bishop in laying this statement of the Religious destitu­ tion of the Population in the Interior before the Venerable Societies, and would respectfullto British yChristia solicitn sucbenevolenceh aid as. the Societies may be ablC.e 3.to LATSOBE extend ,fo Chairmanr the main. ­ tenance of Religion amongst the scattered members of the Church in Australia Felix, and for the conversion of the Heathe[Enclosurn amongset Nothem. 2., ]whos e Country God's Providence has giveLANn Dt oAN theD BritisEMIGRATIOh Crown,N an COMMISSIONERd whose amelioratioS nT Oan UNDEd happinesR SECRETARs he has confideY d STEPHEN. Colonial Land and Emigration Office, Sir, 29th April, 1844. We have the honor to acknowledge your Letter of the Report re pro- 25th instant, accompanied by one from the Secretary to the Society posed conver- for the Propagation of the Gospel, containing a Plan for the sup- sion of village port of a Religious Mission for the benefit both of the European larfdednidow- population and of the Aborigines in the interior of the District of ments for sup- Port Phillip, and desiring our opinion on that part of the plan port of mission- which contemplates the conversion of the Village Reserves in New South Wales into Landed Endowments for the support of the pro­ posed Mission. "With regard to the bearing of the Land Sales Act on the ques­ tion, we think there can be no doubt that as a general rule it does not permit of Landed Endowments. The 3rd Clause allows reserves to be made of Lancls on the ground that they are themselves wanted as Sites for Public objects, but not on. the ground that the Revenue derivable from them would be useful for such purposes. In the case, however, of Aborigines, the language of this Clause seems larger than in any other instance, for it authorizes reserves to be made of any Land required for their use " or benefit." Whether these words would admit of making Reserves for the support of Missionaries engaged in promoting the Civilization of the Xatives, is a question of Legal construction, which seems to us open to so much doubt that we abstain from offering a positive opinion upon it. 596 HISTORICAL RECORDS OF AUSTRALIA.

1844. With regard to the expediency of Endowments of the present 10 May. kind. We lately had occasion to point out the objection that, in new Report re pro­ Countries where ordinary land will not yield a Rent, the possession posed conver­ sion of village of sueh Land, if it be cultivated and improved by the Missionaries reserves into themselves, would divert them from their proper office, and detract landed endow­ ments for sup­ from the public respect due to their character; and, if unimproved, port of mission, would effect injury to the surrounding Country and be an obstacle to its Settlement. Of course, however, this objection would not apply to any Lands which might be so situated as to admit of being let for cultivation. Observing that the plan is to be referred to the Governor, we feel it unnecessary to trespass on Lord Stanley's time by adding any thing to these general remarks. We flave; ,e,c T. FBEDK. ELLIOT. C. ALEXANDER WOOD. SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 105, per ship Caledonia.) My Lord, Government House, 10th May, 1844. Transmission I have the honor herewith to forward to You>r Lordship of duplicates of debentures. the Duplicates of the sixteen Debentures which, in my Despatch No. 90 of the 27th ultimo, I stated had been issued to Messrs, Smith and Co. of Liverpool, and transmitted to England by the Ship Sultana. I have to beg that these Duplicates may be lodged in the hands of Mr. Barnard; and, in so doing, I have further earnestly to Request for repeat the request, contained in my Despatch No. 90, that the payment of interest. Interest due on the Originals may be paid by Mr. Barnard, when­ ever the same is claimed, and the Originals themselves produced to him. I have further to request that the Memorandum, which accom­ panies the Duplicates, and which explains the purpose for which they are issued, may be handed with them to Mr. Barnard. I have, &c, GEO. GIPPS. [Enclosure.] Memo, re MEMORANDUM in explanation of the payment of Interest in Lon- interest in don on Debentures, issued by the Government of New South issueo" dupii- Wales; and of the purposes for which the Duplicates of the cate debentures. said Debentures are issued. lst. The Interest on each Debenture is due from the day of its date, without reference to the date of its entry or registration. 2ndly. It is intended that a memorandum of every payment of Interest should be endorsed on each Debenture, by the person making the payment. STANLEY TO GIPPS. 597

3. The Duplicates are to be kept by the Agent for the Colony, and 1844. are to be used only on satisfactory proof being adduced of the loss 1° May- of the Originals. Memo~ 4. The Originals are delivered in the Colony to the persons payment of entitled to receive them, and are transmitted to England by such interest in ..„„ ' London and Parties. issueo f dupU. 5. Interest is to be paid in London on the production of the cate debentures. Originals only, and without reference to the Duplicates, unless, as above stated, sufficient proof he adduced that the Originals are lost. 6. The Agent General in London will of course keep proper accounts of all payments of Interest made by him; and, in respect to Debentures which are payable to individuals specially named in them, will take care that interest be paid only to such individuals in person, or to their Attorneys or legal representatives. GEO. GIPPS. LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 73, per ship Garland Grove.) Sir, Downing Street, 11 May, 1844. n May. I transmit to you, for your information, the accompanying Transmission Copy of a Report from the Colonial Land and Emigration Com- °4mFgrants. missioners, in reference to the question of the eligibility for Bounty of the Emigrants imported by Mr. Bucknall into New South Wales, referred to in your Despatch of the llth of October, 1843, No. 164. The explanation afforded by the Commissioners appears to me to be sufficient. I concur in and adopt their views of the subject. I have, &c, STANLEY. [Enclosure.] LAND AND EMIGRATION COMMISSIONERS TO UNDER SECRETARY . STEPHEN. Colonial Land and Emigration Office, Sir, 30th April, 1844, We have the honor to acknowledge your Letter of the 19th Report re ultimo, accompanied by a Despatch from the Governor of New South immigrants Wales, reporting that three only out of Ten Emigrants imported by ^B^cknaYi Mr. Bucknall, a Land Purchaser, would have been eligible for ' Bounty under the Colonial Regulations. The Governor mentions that the parties were certified by the Board of Examination at Port Phillip to be of the " proper description," but he mentions that he thinks it right to draw attention to the foregoing fact. We have the honor to report that Mr. Bucknall's Emigrants were not taken out under the Colonial Regulations, but under the Rules established in England by this Board for Land Purchasers, which were designedly rendered less exclusive than the others. The Colo­ nial Rules had been represented by some of the most experienced selecting Agents as too stringent for their own purposes; and at any rate it is obvious that, when a Purchaser of Land wishes to raise out people for his own service, there can be much less reason for 598 HISTORICAL RECORDS OF AUSTRALIA.

1844, enforcing any exclusive conditions than when Laborers are going 11 May. out to trust to the general chances of employment. The particulars Report re of the present case were as follows:— immigrants On the llth January, 1843, Mr. Bucknall enquired whether, if he imported by purchased Lands in Port Phillip by Deposit in this Country, he B. Bucknall. could send his brother and his family and some other persons a? free Laborers to manage it. He stated his brother to be a Mechanic, who had occasionally worked on his Property, and that he had six children, 3 under 7. He was told in reply that no answer could be given till the Commissioners saw the Certificates of the parties duly filled up. On the 30th January, Mr. Bucknall sent up Certificates for his brother's family, and he was told that, if he would pay for his brother who was above the regular age, and for one of the children under 7 years, the Commissioners would, on his making a Deposit for the purchase of Land, grant a free passage to the rest of this family. He afterwards sent up Certificates for four other parties, a Married Couple (described as a Farmer and his wife), a single man, a carpenter, and Mary Ann Tucker a single woman aged 19, described as a Sempstress and Housekeeper, who had been in the employ for two years of Mr. Charles Tucker. All these documents were perfectly regular and complete. We therefore gave the people their passage, acting upon the Regulations of whieh a copy is here­ with enclosed. If we had done otherwise, we are not aware that it would have made any other difference to the Colony than that the Land would not have been sold, and that the Bucknalls and respectable people connected with them would not be settled in New South Wales. [Sub-enclosures.We have] , &c, [These were the printed notices to emigrants, Tdated. FREDK February. ELLIOT and .Slst August, JOHN G. SHAW LEFEVEE.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 106, per ship Caledonia.) My Lord, Government House, llth May, 1844. With reference to the Despatches dated and numbered as in the Margin,* respecting the issue of Debentures by this Gov­ ernment for the payment of the expenses of Immigration, I beg Debentures leave to report that I have been able only to issue Debentures at issued at par par to the amount of £17,600; but I have (with the advice of my and to be issued at Executive Council) accepted offers for as much more as we discount. may require at a Discount of 2 per Cent. I cannot state exactly what this amount will be, but probably about £25,000, making in all £42,600, for the payment of the Bounties on Emigrants who were to leave England before the 1st January, 1844. j. have, &c, GEO. GIPPS.

' Marginal note.—-Nos. 57, 90, 105, 9th March, 27th April, 10th May, 1844. STANLEY TO GIPPS. 599

LORD STANLEY TO SIR GEORGE GIPPS. 1844. (Despatch No. 75, per ship Garland Grove; acknowledged by Sir George Gipps, 24th October, 1844.) Sir, Downing Street, 12 May, 1844. I have received your Despatch No. 203 of the 7th of Despatch December last, enclosing the Repor: of a Committee of the Legis- ' .<™ latiye Council of New South Wales, appointed to " enquire into the practicability of a design for an Overland Route to Port Essington, and the means whereby it may be carried into effect." I will not withhold my assent to your proceeding with that Qualified Expedition, whenever you shall be of opinion that the funds of posed>overiand°' x P the Colony can properly bear such an expence. p 0 r?Esli^gton. On the question of the route which may be adopted, although I should hesitate to interfere with the judgment which may be formed on the spot with the aid of more accurate knowledge and information, it still appears to me, from the evidence which you have transmitted, that there is much force in the argument in favor of the less hazardous though more expensive expedition by the way of the Sea Coast. j have &c. STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 76, per ship Garland Grove; acknowledged by Sir George Gipps, 18th October, 1844.) Sir, Downing Street, 13 May, 1844. 13 May. With reference to previous Communications, I transmit to Correspondence you herewith Copies of a Correspondence with Mrs. McAuiiff E. McAuiiffe relative to her Claim on the Estate of Mr. Manning, late Begis- tr*nsmitted. trar of the Supreme Court, and I have to request that you will transmit any further information which you may be able to fur­

nish on the subject. x have; &c>

STANLEY. [Enclosure No. 1.] MRS. MCAULIFFE TO LORD STANLEY. My Lord, 12 Clerk's Buildings, Greenwich, 2d May, 1844. I had the honor to receive your Lordship's Letter of the Claim by 20th of May last, in answer to my application for information re- E- •£IcAulif!e on specting my claim to £550 3s. 7d. on the Registrar of the Supreme J' E' Mannms- Court of Sydney, New South Wales, when your Lordship informed me the accounts from that Colony discouraged the hope that Mr. Manning's Assets would be adequate to pay his liabilities; since which, I have waited in the hope of obtaining Information privately but have failed in doing so. I therefore trust your Lordship will pardon my again addressing you upon the subject. 600 HISTORICAL RECORDS OF AUSTRALIA.

1844. My situation is truly painful, left as I am by the unfortunate i3jtoy. death of my husband nearly destitute, myself and my dear Child Claim by suffering from the cruel pangs of poverty in consequence of the E.'McAuiiffe on wreck of my Husband's property having been forcibly taken pos- j. E. Manning, session of by the late Registrar under an order of the Supreme Court, as appears by Letters now in my possession from Mr. Man­ ning to Messrs. Duke and Co. of Sydney, Agents to my late Hus­ band's Ship. I cannot think that such an act of injustice as making innocent parties sufferers by the defalcation of a public Officer can be con­ templated by so liberal a Government as that by which we are protected. I have been informed that the Authorities at Sydney have secured the late Registrar's property; but, as I am without friends and without means to forward my claims, I humbly solicit your Lord­ ship's kind interest on my behalf. j nave &c. ELLEN MCAULIFFE. [Enclosure No. 2.] UNDER SECRETARY HOPE TO MRS. MCAULIFFE. Insolvency of Madam, Downing Street, llth May, 1844. J. E. Manning. I am directed by Lord Stanley to acknowledge the receipt of your Letter of the 2nd instant, and to acquaint you in reply that the reports, which his Lordship has received from the Governor of Xew South Wales since the date of my previous Letter to you, to- which you now refer, have unfortunately confirmed the apprehen­ sion which was then entertained of Mr. Manning's Insolvency. Lord Stanley will call upon Governor Sir George Gipps for any more recent report, which he may be able to make, as to the state of Mr. Manning's affaire with reference to your claim; but his Lord­ ship is afraid, from the nature of the former reports, that he cannot hold out much prospect of a more favorable result. I have, &e, G. W. HOPE, LORD STANLEY TO SIR GEORGE GIPPS. (A circular despatch, per ship Garland Grove.) 15 May. Sir, Downing Street, 15th May, 1844, Treaty of I transmit herewith for your information the Copy of a commerce and Treaty of Commerce and Navigation between Her Majesty and navigation with duchy of the Grand Duke of Oldenburg, signed at London on the 4th Oldenburg. ultimo. I have to desire that you will give publicity to this Treaty in the usual manner in the Colony under your Govern­ ment, and take due care that full effect be given to the pro­ visions of it, in any case within the scope of those provisions which may arise there. j have &c. STANLEY. [Enclosure.] [A notice re this treaty was published in the " Government Gazette " on the 22nd October, 184k-] STANLEY TO GIPPS. 601

LORD STANLEY TO SIR GEORGE GIPPS. I«44. 17 Mav (Despatch No. 77, per ship Garland Grove.) Sir, Downing Street, 17 May, 1844. I have received your Dispatch dated the 6th of December Despatch last No. 202, enclosing a Memorial addressed to me by the Widow acknow!edged. of Captain Green, praying to be allowed the remission in the purchase of Land to which she considers her late Husband to Lave been entitled as a Military Settler. The circumstances reported in your Dispatch would sufficiently shew that this Claim is inadmissible. But I further find that Captain Green was an officer on full pay at the time of his death. This fact has been ascertained by an enquiry at the office of the Secretary at War. v You will inform Mrs. Green that, under these circumstances, Refusal of I am under the necessity of declining to comply with her H.qGreen. application. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 78, per ship Garland Grove.) Sir, Downing Street, 17 May, 1844. I have received your Dispatch No. 160 of the 5th of Octo- Despatch ber last, with the Memorial therein enclosed from Mr. Robert Crawford relative to his claim to the Grant of Six Thousand Acres of Land, of which he has been for some time in occupa­ tion. I have also been in communication upon the subject with the late Governor Sir , during whose adminis­ tration Mr. Crawford and his brother were placed in occupation of the Land. I cannot recognize Mr. Crawford's Claim to the confirmation of Refusal of the Grant; and whatever error may have been committed on the claimed by part of the Surveyor General I consider the internal evidence R- Crawford. conclusive of the fact that Sir Thomas Brisbane had not the intention, as he certainly had not the power to do more than grant to Mr. Crawford and his Brother permission to purchase the Land in question. Concurring, however, as I do in the opinion which you have expressed that the absolute resumption of the Land would be attended with hardship to Mr. Crawford, you are authorized to Permission Se allow him the benefit of now completing the original purchase 0Iiandby at the rate of Five Shillings an Acre, the minimum price of R- Crawford. Land during the administration of Sir Thomas Brisbane, and to permit him a reasonable indulgence, if he should desire it, in paying up by Instalments the purchase money for the Land. I have, &c, STANLEY. 602 HISTORICAL RECORDS OF AUSTRALIA.

1844. SIR GEORGE GIPPS TO LORD STANLEY. 17 May. (Despatch No. 107, per ship Penyard Park; acknowledged by lord Stanley, 30th November, 1844.) My Lord, Government House, 17th. May, 1844. With reference to my Despatch No. 84 of the 16th ultimo, wherein I reported that much excitement had been caused in the Colony by the publication on the 2d April last of the Notice re­ specting the occupation of Crown Lands, I have now the honor further to report as follows:— Meetings Since the 16th April last, Meetings have been held at nearly of protest all the principal places in the Colony, and particularly at those against squatting named in the Margin,* and Resolutions adopted similar to those regulations. which were passed on the 9th of April at the Royal Hotel in Sydney. In general, however, the language at those meetings has been more moderate than that which was used at the Sydney Meeting; and the violence of the language made use of by some of the speakers at the Royal Hotel has been generally condemned, as being no less injudicious than indecent. Your Lordship will observe that, when these Meetings were held, nothing was known in the Colony of the recommendations contained in my Despatch to Your Lordship of the 3d April, No. 84, no allusion having been made to them in the Notice of Announcement the 2d April; the meetings, however, being over, it seemed to me of opinions of Sir G. Gipps that the time had arrived, when it would be expedient to make re reforms in known to the Public my general views on the subject of the squatting occupation of Crown Lands; and, as no other opportunity for system. giving publicity to them presented itself, I, on the llth of the present month, put into the hands of Mr. Icely (a Crown Nominee in the Legislative Council) a Paper, of which I enclose a Copy, and intimated to Mr. Icely that he was at liberty to make it public. Your Lordship will perceive that this Paper contains an abstract of the proposals brought forward for consideration in my Despatch of the 3d April, and of the Memorandum (No. 1 enclosed in my Despatch of the lst May), whdrein I explained the way in which I recommended that those proposals should be carried into effect. Effect of The publication of this Paper has tended in some degree to publication of opinions of allay the excitement, which previously existed; and many per­ Sir G. Gipps. sons are beginning to admit that the Squatting regulations re­ quire amendment. The greater Squatters are, however, by no means pacified; on the contrary, and not unnaturally, they be­ come more irritated as they see moderate men beginning to desert them.

* Marginal note.—Windsor, Penrith, Camden, Goulburn, Yass, Bathurst, Maitland, Mudgee. GIPPS TO STANLEY. 603

An Advertisement, called a Protest, was published yesterday in 1844. the " Morning. Herald " Newspaper, on the part of the persons lfJ^y- who have formed themselves into what is called " The Pastoral P>'°test by Association ";* of this Protest, I enclose a copy to Your Lordship, association. It may throw some light on the subject, if I state that Mr. Benjamin Boyd, the gentleman who signs the Protest as Chair­ man of the Association, is one of the largest Squatters in the Country. He holds fourteen Stations (paying License for four stations held only) in the Maneroo District, and four Stations, paying License by B' Boyd' for two, in the District of Port Phillip. The fourteen Stations in Maneroo are estimated to contain 231,000 acres of land, the seven in Port Phillip 150,000 acres; the whole of the land being well watered, and in the best parts of the Colony. Mr. Boyd is Claim by the gentleman, who asserted at the Royal Hotel on the 9th April fr'efhSd as that, so long as he paid his £10 Licenses, he considered he had licensee. a freehold interest in the Land which he occupied. Had Mr. Boyd's several Runs at Maneroo and Port Phillip Comparison of (amounting together to 381,000 acres of land) been granted to 1?™]^??^"" him without purchase in the time of General Darling (the last license fees. Governor Who had power to make Grants), they would have been charged with Quit Rents amounting to £3,175 per annum (2d. per acre), whereas Mr. Boyd pays for them in the shape of rent to the Crown only £80 per annum. If, therefore, the present system of Squatting remain unaltered, it is evident that the Govern­ ment will have gained nothing by the abolition of Free Grants. Mr. Boyd came to this Colony about two years ago, and is the Report re gentleman spoken of in Lord John Russell's Despatches to my- B- Boyd- self, Nos. 164 of 1840, and 187 of 1841. He is understood, in addition to his own means, to have at his disposal funds be­ longing to parties in England. Mr. Boyd has acquired most of his Stations by purchase from their former holders; and it is on this account that he pays for so many as eight Licenses. By a Return received only yesterday, I find there is an indi- stations held vidual in the Bligh District who holds twenty seven Stations byJ-Walker- under a single License. This individual! has three thousand head of Cattle, and 13,000 Sheep, and pays no more rent for the land they feed on than is paid by another person in the same District, who holds only 12,800 acres, and has on them one hun­ dred head of Cattle. Mr. Boyd has in the Maneroo District alone, 10,000 head of Live stock of n Cattle, and 20,000 Sheep. T w> &c> «• ^ GEO. GIPPS. district *Note 65. t Marginal note.—Mr. James Walker of Wallerowang. The Commissioner returns his run as containing five millions of acres ; but I conclude that the greater part of if must consist of barren or Mountain land. 604 HISTORICAL RECORDS OF AUSTRALIA.

1844. [Enclosure No. 1.] 17 May. MEMORANDUM. Proposals by 1. Every Squatter, after an occupation of five years, shall have Sir G. Gipps re an opportunity afforded to him of purchasing a portion of his Run, regulations not less than 320 acres, for a Homestead. for squatting system. 2. The value of any permanent and useful improvements, which he may have made on the land, shall be allowed to him; but the land itself (exclusive of Improvements) can not be sold for less than the established minimum price of £1 per acre. 3. Any person, who may have purchased a Homestead, shall not be disturbed in the possession of his Run during the following eight years; he must, however, continue to take out, for the unpurchased parts of it, the usual License, and pay on it the usual fee of £10 pei- annum, 4. A second purchase of not less than 320 acres shall be attended with the similar advantage of being undisturbed for the next • 8 years; so that each successive purchase of 320 acres will aet virtually as a renewal of an 8 years' Lease. 5. The right of the Crown must, however, remain absolute, as it at present is, over all lands, which have not been sold or granted; it being well understood that the Crown will not act capriciously or unequally, and will not depart from established practice, except foe the attainment of some public Benefit. 6. Persons, who may not avail themselves, within a certain period to be hereafterfixed, of the advantage offered to them of pur­ chasing a Homestead, will be exposed to the danger of having any part of their run offered for sale, either at the pleasure of the Crown, or on the demand of an individual; the value of any useful and permanent improvements, which they may have made on their Lands, will be secured to them, should a Stranger become the purchaser. 7. The person, whoever he may be, who purchased the Homestead, is to have the remainder of the Run. 8. All sales to be, as at present, by Auction; the appraised value of permanent and useful improvements (which will be considered the property of the former occupant) being added to the upset price of the land. 9. As stated in the Notice of the 2d April, a License is not to cover more than 12,S00 acres of land, unless it be certified by the Commis­ sioner that the 32,800 acres are not sufficient to keep, in ordinary seasons, 4,000 Sheep. No existing Run is, however, to be reduced below 12,800, on account of its being capable of feeding more than 4,000 Sheep; but, if any Licensed person have on his Run more than 4,000 Sheep, he is to pay £1 for every 1,000 above 4,000; a person, therefore, having on a Run of 20 square miles 5,000 Sheep, will not, as has been supposed, be required to take out two Licenses, but will be charged an extra £1 for his License, or £11, instead of £10. If he have 8,000 Sheep, he will be charged £4 extra, or £14 in all. This is not stated in the Notice of the 2d April, but forms a part of , the proposals, which were sent home by the " General Hewitt," which sailed on the 3d April. GIPPS TO STANLEY. 605

[Enclosure No. 2.1 1844. 17 May, [1] PROTEST of the Pastoral Association* of New South Wales against the projected Regulations of His Excellency Sir Pastoraly s0 George Gipps, said to have been forwarded for the con- *| °j^j££d sideration of the Right Honorable the Secretary of State regulations in a Despatch, dated 3d April last, by the ship General system.atti"g Hewitt. THE Committee of the Pastoral Association, although not bound to notice a document so apocryphal, put forth without the formalities of official routine, yet believing that document to be genuine, from its having remained so long uncontradicted, protest against the Regulations which it contains for the following reasons:— 1. Because the upset price of £1 an acre is evidently unreasonable for Land, three acres of which are admitted, even on the face of these projected Regulations, to be required for the feed of one sheep. 2. Because these Regulations give the occupant no right of pre­ emption, but, on the contrary, expose him to an unfair and ruinous competition. 3. Because these Regulations do not give any fixity of tenure or any tenure at all, the occupation of the Run not being under Lease for afixed term at afixed rent, but under License, which may be withdrawn, or the fee for which may be- raised indefinitely at the will of the Executive. 4. Because the system now sought to be introduced resembles closely that of Leases renewable at stated periods on payment of fines, a system universally exploded, but here especially incon­ venient and unjust, as the occupant can never know the terms on which he will be permitted to renew his License; the lowest will be £320, but how much more will entirely depend upon the competition of the Auction Room. 5. Because the Crown, by the Sth projected Regulation, expressly reserves its absolute right to these Lands, and, by such reservation, retains to itself the power of taxing the people without the consent of their Representatives to an unlimited extent. 6. Because the effect of these projected Regulations is, without giving the occupant any additional security against disturbance by the Crown, to render his tenure more uncertain, by putting it in the power of any third person to eject him, if he be not able at a short notice to pay a large sum of ready money. 7. Because the certainty of tenure is a far stronger inducement to make permanent improvements, than the prospect of compensa­ tion for them, it being perfectly notorious that their estimated value will never replace the outlay. 8. Because no compensation is offered for the risk incurred in proving thefitness of the Run for the pasturage of Stock, although it is well known that, in making selections, the best judges have been deceived, and forced to abandon them with a heavy loss of stock and capital. 9. Because the investment o*f Not large 65e. sums in the purchase of Land would tend to produce another commercial crisis; and because the exportation of money from this Colony, where it is three times as valuable as in England, in exchange for Emigrants, whom it is equally expedient to the payer of poor rates at home to send ns for 606 HISTORICAL RECORDS OP AUSTRALIA.

1844. us to receive, and a large portion of whose passage money ought 17 May. consequently to be paid by the parishes, is an operation which must Protest by be injurious to the Colony. Pastoral 10. Because the sum payable to the Government under the pro­ association posed Regulations, within the first five years, would amount to re projected regulations more than the whole (present saleable) value of stock depasturing for squatting outside the boundaries of the Colony, viz.: system. 2,000 Licenses, at £10 a year, forfive years £100,000 2,000 Half Sections of Land, 320 acres, at 20s. (at least) per acre 640,000 Assessment 3,200,000 Sheep, at ld. per annum, 600,000 Cattle at 3d. per annum, forfive years. . 105,000 £845,000 11. Because, whatever may be thought of the expediency of obliging the occupant to purchase a homestead, there can be none in compelling him to purchase an additional 320 acres at the end of eight years, since they will not be required as a Homestead, and are quite insignificant for pastoral purposes. 12. Because diseased Sheep can only be removed in the month of February, and therefore, if the Auction be not in that month, the loss of the Run implies the loss of the Stock. The Committee of the Pastoral Association, although fully alive to the impending ruin with which these projected Regulations are fraught, would yet entreat the 'Colonists of New South Wales not to be dismayed, but to persevere in their present efforts, in the full assurance that no amount of mis-government has ever been able to bear down a British community if true to itself. Remarks on Sydney, 16 May. B. BOYD, Chairman. protest by [2] REMARKS. Sir G. Gipps. NO. 1. The Land will not be ordinary Land, but selected out of a much larger quantity, for instance 320 selected out of 12,800. No. 2. Preemption would be contrary to Law, The Act of Par­ liament, Sth and 6th Vict., C. 36, requiring that all Land shall be sold by Auction. 3. The Recommendations (not Regulations) do give afixity of tenure, and a very advantageous one, considering that it is pro­ posed to be given to parties, who pay only a rent of £10 a year for 12,800 acres. 4. There may be some inconvenience, though no injustice, in sub­ jecting the parties to the competition of the Auction Room. The statement contained in this Paragraph is otherwise correct. The only arrangement free from inconvenience in the opinion of the Association would be one absolutely and for ever abandoning the rights of the Crown. 5. Taxing tlie People, in the same way that a Landlord does, who takes rent from his Tenants, or a Butcher who makes his customers pay for their Meat, or as the Crown itself does when it sells land to a Settler. 6. The Short Notice is one of eight years! the large sum of money £320! 7. This is true; but an absolute certainty of tenure is no where to be acquired but by purchase. STANLEY TO GIPPS. 607 8. A man may make a mistake in choosing a Run, as he may in 1844. choosing anything else, a Leg of Mutton for instance, or a Wife; but i7May. the Government cannot undertake to guarantee him against loss in KemarkSOn the event of his choosing badly. protest by 9. It doubtless would be better if we could get Emigrants for Sir G. Gipps. nothing, than, to be obliged to pay for them. 10. This calculation is grossly exaggerated ; but, even supposing it correct, it proves only that the new system, if adopted, will give to the Colony a Land Fund of £128,000 a year; I expect it will give one only of about £50,000 a year, or rather more than one third of the money. 11. The second purchase is one of the conditions on which he will be allowed to keep his Run. If he do not wish to make a second purchase, it is only just and proper that others should have the power of purchasing. 12. Even in the month of February, there will not be many per­ sons anxious to acquire a Run infected with disease. LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 79, per ship Garland Grove.) Sir, Downing Street, 18 May, 1844. is May. I have laid before The Queen the Duplicate of your des- Despatch patch, No. 183 of the 10th of November last, reporting that Mr. *e resignat!on Richard Jones, who had been appointed by you to be a Member 0l R- Jones- of the Legislative Council of the Colony of New South Wales, has resigned that Office, and that you had selected and appointed Mr. as his Successor, subject to Her Majesty's Pleasure; and I have it in Command from Her Majesty to trans- Approval of mit to you the accompanying additional Instructions under Her oFR^Loweto Majesty's Signet and Sign Manual, approving and authorising legislative the appointment so made by you of Mr. Lowe, to be an unofficial Member of the Legislative Council. I have, &c, STANLEY. [Enclosure.] VICTORIA REG. ADDITIONAL Instructions to Our Trusty and Wellbeloved Sir George Royal Gipps, Knight, Our Captain General and Governor in chief in and instructions for over Our Colony of New South Wales, or in his absence to Our o^Lowe Lieutenant Governor, or the Officer Administering the Government of Our said Colony, Given at Our Court at Buckingham Palace, this Eleventh day of May, 1844, in the Seventh year of Our Reign. Whereas, by certain Instructions under Our Signet and Sign Manual, bearing date at Windsor, the Twenty ninth day of Decem­ ber, One thousand eight hundred and forty three, in the seventh year of Our Reign, We did, among other things, approve and autho­ rize the appointment made by You of our Trusty and Wellbeloved Richard Jones, Esquire, to be one of the non-elective Members of the Legislative Council of Our Colony of New 'South Wales. And Whereas it hath been certified to Us by one of Our Principal Secre­ taries of State that you have selected and appointed Our Trusty 608 HISTORICAL RECORDS OP AUSTRALIA.

1844. and Wellbeloved Robert Lowe, Esquire, to be a non-elective Member iSMay. 0f the Legislative Council aforesaid in the room of the said Richard Rovai Jones, who has resigned his Seat in the said Council. Now know instructions for You that We have thoughtfit, b y these Our Present Instructions appointment under Our Signet and Sign Manual, to approve and authorize, and of R. Lowe. We d0 hereby approve and authorize the appointment so made by you of the said Robert Lowe to be a Member of Our Legislative Council aforesaid. And We further declare Our Will and pleasure to be that the said Robert Lowe shall be and be taken to be a Member of such Council as fully and effectually as though he had been appointed by Us. V.R.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 109, per ship Cremona; acknowledged by lord Stanley, 28th October, 1844.) 20 May. My Lord, Government House, 20th May, 1844. Transmission In compliance with the enactments of the Imperial Statute, of rule of ,9th Geo. IV, ch. 83, S. 16, and of the Local Act of this Colony, court. 4-th Vict., No. 22, I have the honor to forward herewith, for the Gracious allowance of Her Majesty, a Rule made by the Judge of the Supreme Court of New South Wales, Resident in the District of Port Phillip; and, in so doing, I request reference may be made to my Despatch to Vour Lordship No. 108 of the 9th July, 1843. I have, &c, GEO. GIPPS. [Enclosure.] Rule of RULE. court by W. Jeffcott. In the Supreme Court of New South Wales, for the District of Port Phillip. Wednesday, the 10th day of April, in the year of Our Lord, 1844. IT is this day ordered that the following portion of the 42nd Rule of Court, that is to say, " Provided always that, in case the defendant cannot be found or otherwise personally served with pro­ cess, the plaintiff may, if he thinkfit, procee d against him in like manner as is provided by the Rule next following; when there are two or more defendants some or one of them cannot be found, according to the English Practice now in force, where a defendant has been duly outlawed "—be, and the same is hereby repealed. W. JEFFCOTT, Resident Judge.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 81, per ship Garland Grove.) 22 May. Sir, Downing Street, 22 May, 1844. Requisition I have received your Despatch of the lst of December last for convict No. 198, forwarding a demand for Clothing likely to be required clothing received. for the several Convict Establishments in New South Wales and at Norfolk Island for the year ending 31st of March, 1846. Having communicated on that subject with the Lords Com­ missioners of the Treasury, I transmit to you herewith, for your GIPPS TO STANLEY. 609 information, the copy of a letter which has been received in reply 1844. from the Assistant Secretary to that Board, together with copy of a Minute of the Lords Commissioners dated the 10th of May, 1844, I have, &c, [Enclosure.] STANLEY. MR. C. E. TREVELYAN TO UNDER SECRETARY STEPHEN. Sir, Treasury Chambers, 16 May, 1844. Having laid before the Lords Commrs. of H.M. Treasury Transmission your letter of the 4th Instant, enclosing a requisition for Clothing of minute. for- Convict Establishments at N. S. Wales for the year ending 31 March, 1846, I am directed by the Lords Commrs. of H.M. Trea­ sury to transmit herewith for the information of Lord Stanley Copy of their Lordships' minute thereon dated the 10th instant. I am, &c, [Sub-enclosure.] °- B- TBEVELYAN. COPY of-Treasury Minute, dated 10 May, /44. m^te17 BEAD letter from the Colonial Office of the 4th instant, transmitting a Requisition JS^.i+fn,, for Clothing for the Convict Establishment in N. S. Wales for the year ending ilrConvict SI March, 1846. clothing Transmit the enclosed requisition to the Secretary to the Ordnance and request s' that, in submitting the same to the Master General and Board, he will observe to them that, under the arrangements already made by H.M. Secretary of State, Norfolk Island will cease to be a Dependency upon the G-ovt. of N. S. Wales, and will be placed under the Govt, of V. D. Land from 29 Septr. next, and consequently that, so far as concerns the Convict Establishment in that Island, it will not be neeessary, that supplies for the service of the year 1845-6 should be forwarded to N. S. Wales. The Secretary will further state to the Master Genl. and Board that, in other respects, it appears to My Lords that it will be proper that the Requisition should be complied with; and, unless the Master Genl. and Bd. should see reason to consider the trans­ mission of any portion of the articles, comprized therein, to be unnecessary, My Lords have to request they will cause the proper steps to be taken for procuring and forwarding theSI sameR GEORG, and thaE tGIPP theyS wilTOl LORfurnisD h STANLEYthis Bd. wit. h an Estimate of the Expence that ma(Despatcy probablhy Nobe .incurre 110, dpe irn sshio doingp Cremona.. ) My Lord, Government House, 22d May, 1844. With reference to my Despatch, No. 34 of the 5th Febru­ ary, 1844, respecting Deeds of Grant to be issued to the Aus­ tralian Agricultural Company, I beg to apprise Your Lordship Surrender of that the Crown Lawyers have intimated to me that they do not company at ' DOW consider any surrender^of the Lands at Port Stephen by the Port Stephen n ,. J n ,. i unnecessary. Company to the Crown to be necessary. The following is the paragraph in my Despatch No. 34, which relates to this matter. [Here followed copies of the eleventh and twelfth paragraphs; see pages 890 and 391.] The object of this Despatch will be answered by the cancellation of the above passage, and of everything relating to the surrender whieh, though formerly proposed, is now considered unnecessary. I have, &c, GEO. GIPPS. SEH. I. VOL. XXIII—2 Q 610 HISTORICAL RECORDS OF AUSTRALIA.

1844. LORD STANLEY TO SIR GEORGE GIPPS. 24 May. (A circular despatch, per ship Garland Grove.) Sir, Downing Street,- 24 May, 1844, Papers I transmit to you herewith, for your information, the Copy transmitted of a letter with its Enclosures, which has been received from the re piratical capture of Secretary to the Lords Commissioners of the Admiralty, report­ brigantine ing the Piratical Capture of the British Merchant Vessel " Han­ Hannah. nah " at the Chatham Islands by an Englishman, named William Ellis. You will perceive that the Lords Commissioners have com­ municated with the Admiral Commanding on the Pacific Station with a view to the necessary measures being taken for effecting the capture of these Pirates, and you will of course render any assistance in your power in furtherance of that object. I have, &c, [Enclosure.] STANLEY. SIR JOHN BARROW TO UNDER SECRETARY HOPE. Sir, Admiralty, loth May, 1844. I am commanded by my Lords Commissioners of the Ad­ miralty to send you herewith, for the information of Lord Stanley, Copies of a Letter, dated the 16th March last, from Her Majesty's Consul at Pernambuco, and of its enclosures, reporting the Piratical Capture of the British Merchant Yessel " Hannah " at Chatham Islands by an Englishman named William Ellis and others; and their Lordships direct me to inform you that the same has been com­ municated to the Admiral Commanding on the Pacific Station, and to request that Lord Stanley will cause it to be made known to such Authorities as his Lordship may deem proper with a view to effecting the Capture of the Pirates. I am, &c, JOHN BAEEOW. [Sub-enclosure No. 1.] ME. H. A. COWPEE TO LORDS COMMISSIONEBS OF ADMIBALTY. My Lords, British Consulate, Pernambuco, 16th March, 1844. I have the honor to enclose to your Lordships the Copy of a Statement made before me, upon Oath, by Robert Bell, Master of the Brigantine " Hannah'' of Sidney, and confirmed by Edward R. Coffin, the Master of the American Whaler " Sophia and Eliza," respecting the Piratical capture of that Brigantine, of which the said Master was part Owner. The Statement of Captain Coffin appears fully to confirm Mr. Bell's account. I have, therefore, forwarded a description of the Brigantine to the different Ports of this Empire, and have sent Mr. Bell home by the " Mary Hounsell," the Vessel which bears this Dispatch, to Cowes or an English Port in the Channel. I have, &c, Statement H. AUGUSTUS COWPER, Consul. by R. Bell [Sub-enclosure No. 2.] re piratical capture of STATEMENT BY MB. R. BELL. brigantine ON this Thirteenth day of March, in the year of Our Lord one thousand, eight hundred Hannah. and forty-four, personally appeared and presented himself before me, Henry Augustus Cowper, Esquire, Her Britannic Majesty's Consul for the Province of Pernambuco in the Empire of Brazil, Robert Bell, Master of the British Brigantine " Hannah," of Sidney, of the burden of one hundred and four tons or thereabouts, who most solemnly, truly, and sincerely deposes and declares to the truth of the following statements, viz., that, on or about the nineteenth day of March, 1843, he with the rest of the crew set sail from Sidney in the said Brigantine, bound on a trading and whaling voyage to and the islands in the South Pacific Ocean. That STANLEY TO GIPPS. 611

in the course of the said voyage he proceeded to Auckland, Port Nicholson, and 1844. Cloudy Bay, for the purposes of trading and purchasing oil. At this latter place, an 24 May. Englishman, named William Ellis, applied for a passage to Chatham Islands, which this deponent granted ; sailed for those islands where Ellis was put on shore. This Statement deponent, with his vessel and crew, remained there about a fortnight trading with by R. Bell the natives, purchasing oil and other articles of traffic. That from thence this re piratical deponent, with the said Brigantine, sailed to Port Nicholson, Nelson, and Cloudy capture of Bay, and back to Port Nicholson. Whilst there he first heard reports of some brigantine fraudulent acts of the before-mentioned William Ellis. On or about the first of Hannah. August last, sailed again from Port Nicholson for the Chatham Islands, touching at Acharo during the passage; about the 13th of the said month of August, arrived at Chatham Islands, found Ellis still there. That this deponent remained at the islands trading and purchasing oil until the twenty-second of September last, when the said Brigantine had all her cargo, water, and provisions on board ready for sea. That this deponent was on shore on that evening close to where the vessel was moored. At about 12 o'Clock at night, he heard the report of fire-arms on board the " Hannah." Proceeded instantly to the beach for the purpose of launching his boat to get on board the vessel, when, to his surprise, he found the boat stove and the oars stolen, depriving him of the means of quitting the shore. He discovered that the people in the vessel were heaving up the anchor, and in a short time made sail. Further this deponent states that, two days after the said vessel had sailed, the mate, Richard Swainson, an Englishmen, and three seamen, also Englishmen, all part of the crew of the said Brigantine " Hannah," were found on the South East Island, having been put on shore by Ellis's orders ; Hordern, his mate, and others of his men, manning the boat, who were all armed, to prevent the seamen from rising; and, in eight days after they were discovered, they reached that part of the island where this deponent was, being the place from which the Brigantine had been so piratically seized. That the Mate, Richard Swainson, declared to this deponent that, between 11 and 12 o'Clock on the twenty-second of September before-men­ tioned, the man named William Ellis came on board the " Hannah," accompanied by an American named Horden (Who had been second officer of the American ship "Franklin," Captain Walker), and several others, and entered the cabin; they secured the Mate, Swainson, and s-ot possession of the vessel. That one of the seamen belonging to the " Hannah," named Green, attempting to prevent the party from coming on board, was shot at by Ellis with his pistol, and severely wounded in the breast by two balls with which it had been loaded. Further this deponent states that, in his writing-desk, whieh he had on shore, were the Register of the said Brigantine " Hannah," the Agreement with his crew, and other papers; that he enclosed to Messrs. Willis and Co., of Port Nicholson, his Agents, the said Register for transmission to Sydney, and relating the statement above deposed to ; and this letter he entrusted to his Mate, the said Richard Swainson, who proceeded in a trading boat from Chatham Islands to Port Nicholson. And further, that this deponent remained at Chatham Islands until the Fifth of December last, when he obtained a passage in the American Barque " Sophia and Eliza," Edward R. Coffin, Master, and was landed .by him this Thirteenth day of March at Pernambuco. And this deponent declares by protest, and by these presents doth most solemnly protest against the beforementioned William Ellis, Horden, and all other person and persons concerned in this act of fraud and piracy, and does declare that the same was committed without any act or connivance of this deponent. R. BELL. I, HENRY AUGUSTUS COWPER, Esquire, Her Majesty's Consul as aforesaid, do hereby certify that Robert Bell, the person named in this Paper, Writing, or Declaration, did duly and solemnly declare, in due form of law, to the truth thereof before me, the said Consul, on the day of the date thereof. In faith and testimony whereof, I, the said Consul, have hereunto subscribed mv Name, and set and affixed my Seal of Office, at the British Consulate at Pernambuco aforesaid, this 13th day of March, 1844. H. AUGUSTUS COWPER, Consul. A true Copy. J- GORING, Vice Consul. Pernambuco, 14th March, 1844. I HEREBY Certify that Capt. Robert Bell was Master of the Brigantine " Hannah " Certificate by of Sydney, N.S.W.; that the said Vessel was stolen by a Man named Ellis and others E. R. Coffin. from the said Bell at Chatham Islands; from which place I took him as Passenger, finding him without Property of any kind to assist himself with. EDWARD R. COFFIN, Master of the Barque Sophia and Eliza, of Duxbury, Massachusetts, U.S.A. iti^ „„. „ J Pernambuco, 16th March, 1844. IT is reported here that the man Ellis, mentioned m the Declaration deposed to by Statement by Robert Bell, had in his possession some Bills drawn upon the Accountant General of I Gorinsr Her Majesty's Navy by the Commanding Officer of Her Majesty's Ship " Tortoise," for Stores, Salt Provisions, Sugar, etc., furnished by Ellis to that Vessel whilst col­ lecting Spars, etc., on account of the British Government at the " Thames " near Aucklandfurnish a, clu Nee wt oZealand the detectio, if thin so bfe Ellis true. and the Bills not yeJ.t presentedGORING, Vic, mae yConsu perhapl s 612 HISTORICAL RECORDS OP AUSTRALIA.

1844. THE "Hannah" was Brigantine rigged, one hundred and four tons burthen, was a 24 May. very smart-looking Vessel, had a red Cedar deck, a femalefigure-head, mounte d two Swivells on the rails; had on board a Chronometer, Maker's Name, " French, Description London " ; her cargo, a quantity of Oil, Flour, Sugar, Slop Clothing, and Whaling of brigantine Gear ; general opinion that Ellis took her to the Spanish Main for sale; had no Hannah. Register on board. ROBERT BELL. N.B.—On board the " Hannah " was also the Bill of Sale of a Vessel called the " Gem " of Port Phillip, of which the said Robert Bell was owner. This Bill of Sale bore the name of the said Robert Bell, and was not transferred to any other Party.

SIR GEORGE GIPPS TO LORD STANLEY, (Despatch No. Ill, per ship Cremona; acknowledged bv lord Stanley, 30th October, 1844.) My Lord, Government House, 24th May, 1844, Transmission I have the honor herewith to forward a letter, which has of letter from been addressed to Your Lordship by Mr. W. H. Suttor, as Chair­ W. H. Suttor. man of a Committee which has been constituted at Bathurst for the purpose of opposing the Regulations respecting the occupation of Crown Lands, which were issued by me on the 2d of April last. There is nothing in this letter seeming to call for any observa­ tion from me. Mr. Suttor is the Representative in the Legislative Council of an Electoral District, which comprehends the three Counties of Roxburgh, Phillip and Wellington. I have, &c, GEO. GIPPS. [Enclosure.] MR. W. Ii. SUTTOR TO LORD STANLEY. Colony of New South Wales, My Lord, Bathurst, 16th May, 1844. Public meeting A public Meeting was held at Bathurst on the 30th April at Bathurst to protest against Ultimo, pursuant to a Requisition of which the following is a proposed Copy:— squatting " We, the undersigned Stockholders and others interested, do regulations. hereby convene a Public Meeting of the Inhabitants of this District to be held at the Black Bull, Bathurst, on Tuesday, the 30th day of April instant, at one o'clock in the afternoon, to take into consideration the new regulations touching the Depasturing Licenses, published in the Government Gazette of Tuesday, the 2nd of April instant:— "W. H. Suttor, M.C; J. S. Kodd, J.P.; D. M. Irving, J.P.; Thos. J. Hawkins, J.P.; Robt. Smith; George Rankin, J.P.; C. Wray Pinch, J.P.; John Sutherland, J.P.; Richard M'Hattie; W. A. Steel, J.P.; A. Rodney; B. Carter, J.P.; John Street, J.P.; Gilbert Wright; Edwin Park, J.P.; J, B. Richards, J.P.; Wm. Lawson, Junr., J.P.; Thomas Kite: Wm. Lane; John R. Tindall; Edwd. B. Cornish; T. M. Sloman; Wm. Paterson; James Stewart Smith; John West, Junr.; P. C. Boswell; Henry Perrier; Eredk. Strachan; G. Baker Boulton ; Patrick White; Alexr. Watt; William Lee; Archibald Campbell; John O. Balfour; Thomas D. Syer; John G. Syer; David Perrier; James Arthur; Nicholas Read; Wm. Tom ; Henry H. Cater, J.P. " Bathurst, Sth April, 1844." GIPPS TO STANLEY. 613 At the meeting thus held pursuant to requisition (and of which 1844. Meeting I had the honor to be Chairman), the following resolu- 24 May. tions were unanimously adopted :— Resolutions It was moved by James W. Lowe, Esq., and seconded by Mr. adopted at Thomas Kite: meeting. lst. That this meeting, sharing with their fellow Colonists the alarm which the regulations touching the Depasturing Licenses, published on the 2nd April instant, are calculated to inspire, and believing them to be unconstitutional and oppressive as well as im­ politic, pledges itself by all lawful ways and means to resist them. Carried unanimously. Moved by William Lane, Esq., seconded by Archibald Camp­ bell, Esq.: 2nd. That not only do these regulations create distrust in the wisdom of the Government, but they destroy all confidence in the security (and consequently in the value) of property; as it is obvious that, if the authority to enforce them be conceded, pas­ toral and grazing pursuits will become not only precarious, but utterly dependent on the will of the Executive. Carried unanimously. Moved by Gilbert Wright, Esq., seconded by James W. Lowe, Esq.: 3rd. That the inhabitants of this District adopt the present occa­ sion again to record their disapproval of many of the enactments contained in the Crown Lands Occupation Act, the powers con­ ferred by it being too summary and absolute, and its provisions being in many respects ill calculated to develope the resources of the Colony. Carried unanimously. Moved by Samuel Smith, Esq., seconded by Thomas Arkell, Esq.: 4th. That, without trenching on the permanent rights of the Crown to the waste lands of the Colony, their temporary occupa­ tion might be rendered less insecure and precarious, with advan­ tage both to the Occupiers and to the State. To the Occupiers who would thus be induced to extend their calculations and operations and to surround themselves with the decencies and comforts of civilized life; and to the State both directly and indirectly, directly from the improved value which would thus be given to their do­ main, and indirectly from the consequent increased demand for the taxable consumptions of luxury and the products of British industry. Carried unanimously. Moved by John Clements, Esq., seconded by John R. Tindall, Esq.: 5th. That the policy, which can in any exigency however great impair the security of the Settlers, indispose them to pastoral and grazing pursuits, and deter the investment of capital in the pro­ duction of the great colonial exports of wool and tallow, is short­ sighted ; as the true wisdom of an enlightened Statesman would con­ sist in giving the most liberal encouragement to such pursuits, pur­ suits by which when prospering the revenue is indirectly benefitted far more than by any possible direct taxation whatever. . Carried unanimously. Moved by Thomas M. Sloman, Esq., seconded by George Morey, Esq.: 6th. That the foregoing resolutions be embodied in a Petition to Her Majesty the Queen, Both Houses of Parliament, His Excellency 614 HISTORICAL RECORDS OF AUSTRALIA.

1844. the Governor and the Legislative Council, with a prayer that the 24 May. latter body may take such steps as they consider meet in promoting Resolutions its object. adopted at Carried unanimously. meeting. Moved by Mr. John G. Syer, seconded by Mr. Wm. Tress. Tth. That, to give a practical effect to the above resolutions, this meeting pledges itself to join the " Pastoral Association of New South Wales." Carried unanimously. Moved by Edward B. Cornish, Esq., seconded bv Mr. William Tom: 8th. That a Committee consisting of the following gentlemen be appointed, with power to add to their number, to carry into effect the objects of this meeting, viz.:— William Henry Suttor, Esq., M.C.; Francis Lord, Esq., M.C.; Robert Smith, Esq.; Archibald Campbell, Esq.; John Savery Rodd, Esq.; William Lee, Esq.; Gilbert Wright, Esq. Carried unanimously. Moved by John Lane, Esq., seconded by George Morey, Esq. 9th. That it be an instruction to the Committee to forward by the first English Mail a letter to the Right Honourable the Secre­ tary of State for the Colonies, soliciting him to suspend his judg­ ment on the regulations and the threatened impost, until the sense of the Colonists can be ascertained and constitutionally expressed. Carried unanimously. The Committee appointed by the 8th Resolution, in pursuance of the instructions contained in the 9th Resolution, beg most re­ spectfully to solicit your Lordship, that your Lordship will be pleased to suspend your judgment on the Regulations and the threatened impost, until the sense of the Colonists can be ascer­ tained and constitutionally expressed thereon. I have, &c, W. H. SUTTOR, M.L.C., Chairman of Committee,

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 83, per Mr. Justice Dickinson.) 25 May. Sir, Downing Street, 25 May, 1844. Warrant for I transmit to you herewith A Warrant under the Royal appointment of J. N. Dickinson. Sign Manual, authorising you to cause Letters Patent to be passed under the Public Seal of the Colony of New South Wales, appointing Mr. John Nodes Dickinson to be one of the Judges of the Supreme Court of that Colony. I have, &c, STANLEY. [Enclosure.] [A copy of this warrant will be found in a volume in series IV.] GIPPS TO STANLEY. 615

SIR GEORGE GIPPS TO LORD STANLEY. 1844. 26 May (Despatch No. 112, per ship Cremona; acknowledged by lord Stanley, 28th October, 1844.) My Lord, Government House, 26th May, 1844. I have to request Your Lordship's permission to issue Request for Letters of Denization to a lady named Johannah Christina Van ^eivStion for Stackenborg Jutting, a Copy of whose application for this favor J. C. Jutting. is enclosed. Madame Jutting'sfirst husband was an English subject (a Mr. Crawford); and she has a son named Crawford, an Officer in the East India Company's Army. Madame Jutting is also known to Mr. Crawford, formerly of Sincapore, and Brother-in-law of Mr. Frederick Elliot. I have, &c, GEO. GIPPS. [Enclosure.] THE petition of Johannah Christina Van Stackenborg Jutting, Petition of Widow, J- c- Juttins- Unto His Excellency Sir George Gipps, Knight, Governor of the Colony of New South Wales, Humbly Sheweth, That your Petitioner is a native of the Island of Java, aged 44, the widow of a Dutch subject. That your petitioner was formerly married to a British subject, now deceased. That your petitioner has one son, a British Subject. That your petitioner came to this Colony in 1840 with the inten­ tion of Settling therein. That your petitioner has acquired an interest in lands within the said Colony, and has expended a considerable Sum of money in the improvement thereof. That your petitioner intends to Settle in this Colony, and is desirous to hold the said lands in her own right, and to become partaker of the advantages and privileges which the natural born subjects of Her Majesty enjoy. That your petitioner hereto annexes a certificate from three gentlemen known to your Excellency, setting forth that your peti­ tioner is a fit person to receive Letters of Denization. May it, therefore, please your Excellency, by virtue of the powers vested in you, to grant Letters of Denization fo your Petitioner. And your petitioner, etc., etc., J. C. V. S. JUTTING. Sydney, 8th May, 1844. CHARLES FALCONER, John Campbell and Robert Campbell, Junior, Testimony all of the City of Sydney, in the Colony of New South Wales, hereby in favour of certify that we have known Mrs. Johannah Christian Stackenborg J- °- Jutting. Jutting since her arrival in this Colony in 1840, and that she is a respectable andfit person to receive Letters of Denization as a British subject. CHAS. FALCONER. JOHN CAMPBELL, J.P. Sydney, 8th May, 1844. ROBERT CAMPBELL, Junior. 616 HISTORICAL RECORDS OF AUSTRALIA.

1844. SIR GEORGE GIPPS TO LORD STANLEY. 2i May. (Despatch No. 113, per ship Cremona; acknowledged by lord Stanley, 29th October, 1844.) My Lord, Government House, 28th May, 1844. Speech on I have the honor to enclose herewith a Copy of the Speech, opening with which I this day opened the Annual Session of the Legisla­ of council. tive Council of this Colony. I have, &c, GEO. GIPPS. [Enclosure.] [This speech was printed in the " Votes and Proceedings" of the legislative council.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 114, per ship Cremona; acknowledged by lord Stanley, 28th October, 1844.) 29 May. My Lord, Government House, 29th May, 1844. Report I have the honor herewith to forward to Tour Lordship a transmitted. Copy of the Report, made to me by the Board of Immigration, on the Emigrants who arrived in this Colony on the 29th Ultimo in the Ship " Elizabeth," on account of Messrs. Carter and Bonus. Your Lordship will observe by this Report that the " Elizabeth " was considered by the Board an ineligible vessel for the convey­ ance of Emigrants; and that Bounties have been disallowed on a person named John Smyth, and his Family; also on two un­ married women, named Catherine and Ellen Pillsworth. I have, &c, [Enclosure.] GEO. GIPPS. IMMIGRATION BOARD TO COLONIAL SECRETARY THOMSON. Sir, Immigration Office, Sydney, 25th May, 1844. Report on We do ourselves the honor to report, for the information of immigrants per ship His Excellency the Governor, that, on the 2nd Instant, at the Elizabeth. request of Messrs. Griffiths Gore and Co. of this City, we proceeded on board the Ship " Elizabeth," David Morrice, Master, for the purpose of inspecting the Immigrants enumerated in the margin,* whose names, ages, and alleged callings are inserted in the accom­ panying List. These Immigrants arrived at Port Jackson on the 29th ultimo, under the medical superintendence of Mr. George Myers, having left Cork on the lst January, 1844. They have been selected and sent to the Colony in further per­ formance of Messrs. Carter and Bonus' contract with the Land and Emigration Commissioners, and embarked at the Ports of London and Cork in the followinFamiliesg proportion. Singls e: Females— . Single Males.

London 31 6 15 Cork 9 14 19

* Marginal note.—40 families; 20 single females; 34 single Males, equal to 165 Statute Adults. GIPPS TO STANLEY. 617 With the exception of the individuals named in the margin,* who 1844. appeared to us to be ineligible on grounds which are fully stated 29May. in a Paper appended to this Report, we have seen no reason to be ReporTon" otherwise than satisfied that these Immigrants were really of the immigrants callings to which they were represented to belong; that they were per shiP within the prescribed ages; that they were of good bodily health Elizabeth- and strength; and that they were in all other respects likely to become useful members of their class in Society. The Certificates with which they were all provided were very satisfactory, although we may repeat the remark made by us in former cases that the statements in the general certificates were in Several instances unsupported by separate documentary proof of age and marriage. The certificate of the Government Emigration Agent in London countersigned by the Agents in Cork has been produced and lodged in our hands. As the issue of the voyage has been far from un­ favorable and as we have reason to believe that so confined a Vessel is not likely to be again approved by the Commissioners, we think it unnecessary to make any lengthy comment upon the un- suitableness of the " Elizabeth " for the accommodation of a large body of Emigrants for so long a passage. We may, however, re­ mark that we agree with the Surgeon that he " was very fortunate in having no contagious disease during the voyage, otherwise the mortality amongst the Children must have been very great from the very confined limits of the Ship and the great number of chil­ dren on board." The provisions and water proved to have been of excellent quality, and not a single complaint was made as to the regularity of their issue. We are, therefore, of opinion that Messrs. Carter and Bonus are entitled to Bounties on these Immigrants to the amount of Two thousand, nine hundred and thirty five pounds, eighteen shillings, being the sum claimed by Messrs. Griffiths Gore and Co. on their behalf, less ninety three pounds ten shillings, deducted on account of Smith and family, and thirty seven pounds eight shillings, deducted on account of Catherine and Ellen Pilsworth. Amount claimed by Messrs, Griffiths Gore and Co £3,066 16 0 Deduct on account of Smith and family £93 10 0 £2,935 18 0 Of this sum„ , however„, they arCathee entitle. andd to immediate payment of Two thousanEllend sevePilswortn hundreh d and forty eight3 pounds7 8 ,0 eight shillings only, as the importation by this Ship of single Males abov13e 108 1year8 0s exceeds that of single females above fifteen by ten; on which num­ ber, therefore, the Bounties, amounting to one hundred and eighty seven pounds, must be withheld until a corresponding number of females be introduced. We beg further to report that we have made strict enquiry whether the conditions upon which the gratuities established by the Commissioners in favor of the Surgeon Superintendent, the * Marginal note.—John Smith, Catherine Pilsworth, Ellen Pillsworth. 618 HISTORICAL RECORDS OF AUSTRALIA.

1844. Master, and the Mate employed to serve out the provisions have 29 May. been duly fulfilled, and we beg to report, for His Excellency's in­ formation, that we consider those Gentlemen deserving of and entitled to the Same. We have, &c, FRANCIS L. S. MEREWETHER. ARTHUR SAVAGE. H. H. BROWNE.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch marked "Separate," per ship Cremona; acknowledged by lord Stanley, 28th October, 1844.) My Lord, Government House, 29th May, 1844. Papers With reference to my Despatch No. 114 of this day's date, transmitted re C. and E. wherein I reported the disallowance of Bounties on two un­ Pillsworth. married women, who arrived in the ship " Elizabeth," I think it right to transmit to Your Lordship Copies of the letters of re­ commendation, of which they were bearers. In so doing, how­ ever, I desire to state that I am well convinced that Mr. Stephen must have been in ignorance that the " young ladies," whom he recommended to my Notlce» were coming to New South Wales as Bounty Emigrants. . I have not myself seen either of these young ladies; but they expressed to Lady Gipps their wish to get situations as com­ panions to ladies; one of them said she would undertake to give lessons to Children, but would object to take charge of them, " as Children are troublesome." I have, &c, GEO. GIPPS. [Enclosure.] UNDER SECRETARY STEPHEN TO SIR GEORGE GIPPS. My dear Sir, Downing Street, 7th December, 1843. Letters of I enclose in original,first, a Note from Lord Fitzroy recommenda­ Somerset to myself, secondly, a memorandum by Lord Morning­ tion. ton, which accompanied that Note, and thirdly, a Note from the Parish Priest of Maryborough- to Lord Mornington, From these papers you will learn that two unmarried Ladies are about to proceed to Sydney; that Lord Mornington feels a strong benevolent interest in their welfare; and that both he and Lord Fitzroy Somerset wish to bespeak your kind Offices towards them. If Lord Stanley were here, I know that he would himself prefer that request to you. In his absence, and not having time to communicate with him, I venture on his behalf to do so. I am, &c, JAS. STEPHEN, [Sub-enclosure No. 1.] LORD FITZROY SOMERSET TO UNDER SECRETARY STEPHEN. Letter from My dear Sir, Horse Guards, 4 December, 1843. lord Fitzroy Lord Mornington will be very much obliged to you if you will recommend ths Somerset. Misses Pillsworth to the notice, protection, and good offices of Sir George Gipps. The enclosed Mem-n. from Lord Mornington will put you au fait of the case of these young Ladies, and the letter from the Catholic Priest of Maryborough will STANLEY TO GIPPS. 619

shew the importance they attach to the possession of a letter of recommendation 1844 to the Governor of New South Wales, and to the necessity of their having it immedi- 29 May ately, as they set out on the 9th of the present month. If you would be so good as to write to Sir George in their favor and send the letter under cover to Lord Mornington, 3 Savill Row, to-morrow before post time, you would very much oblige him and Y 1 s & FITZROY SOMERSET. [Sub-enclosure No. 2.] MEMORANDUM. 5 December, 1843. Miss PILLSWORTH and Miss Catherine Pillsworth are Daughters of a very worthy Memorandum man, who was an Apothecary in the Town of Maryborough. Mr. Pillsworth died from eari very poor, and left a large Family nearly destitute. The Widow, Mrs, Pillsworth, Mornington. has about Fifty Pounds a year; and her Daughters have little or nothing but their own Industry to look to for subsistance: they have hitherto supported themselves by keeping a Children's School in the Town of Maryborough; but, this resource having now failed, they have determined to proceed to Sydney, in hopes of being able to procure an honest livelihood. The young Ladies are Protestants; their characters will be certified by the Protestant Clergyman, the Priest of the Parish, and the principal Inhabitants of the Town of Maryborough, all of whom take a great interest in their future welfare. Lord Mornington knew the late Mr. Pillsworth intimately, and had a very great regard for him. In his profession, he was much respected; and his moral character was unexceptionable. Lady Mornington is God Mother to Miss Catherine Pillsworth. MORNINGTON. [Sub-enclosure No. 3.] REVD. R. O'CONNOR TO EAEL MORNINGTON. My dear Lord, Maryboro', 2d December, 1843. I cannot express how grateful I feel for the attention you gave my com- Letter from mnmcation, and Still more for making me the medium of your bounty to these Revd. meritorious young Ladies. Not wishing to trouble you too much, they request R. O'Connor. me to assure your Lordship of their lasting gratitude; their prayers and mine shall be offered for your temporal and eternal happiness. If your Lordship would take the further trouble of enclosing a line of recommendation to the Governor of Sydney to me, I would hand it to them. This they think would serve them more than all your Lordship's kindness hitherto. Allow me, my dear Lord, to assure you of the sentiments of lasting gratitude with which I have the honor to be, Your Lordship's, &c, P.S.—They leave on the 9th. R. O'CONNOR, P.P. LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 84, per ship Dublin.) Sir, Downing Street, 31 May, 1844. ' 31 May. I have received your despatch dated 12 December last Despatch No. 207, enclosing a letter addressed by Mrs. Chisholm* to the aoknowledged- Colonial Land and Emigration Commissioners, accompanied by the forms of certain queries, designed to collect information in the Colony of New South Wales, on the subject of Immigration, together with answers which have been already obtained to some of these queries. I have communicated on this subject with the Emigration Commissioners. Tou will acquaint Mrs. Chisholm that, although the questions Criticism of contained in her letter appear to me to be well selected, and an- p^osTdV 8wers to many of them interesting, yet that, in order to render Mr?- c- them useful for general purposes, a very extensive collection

* Note 26. 620 HISTORICAL RECORDS OF AUSTRALIA.

1844. would be necessary; and it would also be requisite to digest the 31 May. result into something of a Tabular form; and considering more-' Criticism of over that some of the information, such as Rates of wages and questions proposed by current prices in the Colony, is already obtained and forwarded Mrs. C. to this Country periodically, I have not felt myself at liberty to Chisholm. sanction any. further expenditure than that which the local Gov­ ernment have already thought it necessary to incur on this subject. Appreciation of You will,.at the same time, express to Mrs. Chisholm the high services of Mrs. C. Chisholm. sense, which I entertain of the valuable and benevolent services, which she has rendered to Emigrants in New South Wales. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch marked " Private," per Mr. Justice Dickinson.) My dear Sir, Downing Street, 31st May, 1844. Papers carried Mr. Dickinson, the bearer of this letter, and of my Public by J. N. Dickinson. Despatch No. 83 of the 25th Instant, is also the Bearer of two Warrants under the Royal Sign manual for his appointment as one of the Judges of New South Wales on the vacancy occa­ sioned by the promotion of Mr. Burton to the Bench at Madras. I have in this instance deviated from the more usual course of transmitting my Dispatches to you thro' the Public Post for the following reason:—Having received high testimonials in Mr. Appointment Dickinson's favor and finding that he had practised as a Certifi­ of J. N. Dickinson. cated special Pleader for Eight years before being called to the Bar, I offered him the appointment which he has accepted. But, Doubt re after having done so, a doubt arose whether, according to the eligibility terms of the Acts of Parliament, the Charter of Justice and the of J. N. f Dickinson Local Ordinances relating to the Supreme Court of New South as judge. Wales, Mr. Dickinson possessed the standing at the English Bar requisite to qualify him for such an office. I consulted the At­ torney and Solicitor General on that question, and received from them a clear opinion in favor of Mr. Dickinson's qualifications. I' transmit to you a Copy of the communication made to them and of their answer to it. Still however entertaining some doubt whether the same view of the question might be taken by the judicial and Legal authori­ Preparation ties in the Colony, I desired the Attorney and Solicitor General of warrant of appointment. to prepare, in accordance with their own views, the Warrant for Mr. Dickinson's appointment; and, having received the Draft of it from them, I found that it differed materially from the prece­ dent commonly in use in this office, A circumstance not perhaps STANLEY TO GIPPS. 621

unlikely to excite some dissatisfaction or alarm on the part of the 1844. other Judges on the appointment of whom that precedent was followed. To fortify to the utmost of my power Mr. Dickinson's position, Two warrants I have therefore furnished him with two Warrants, the one in transmitted.6"* the unusual form prepared by the Law officers of the Crown, the other in the form observed in all preceding cases. It is my wish that you should enter into full and Confidential Communication with Mr. Dickinson on the subject of these War­ rants, affording him, if necessary, the aid of a Confidential con­ sultation on the same subject with the other Judges and with the Attorney and Solicitor General of New South Wales. You will use whichever of the two forms may be considered by the other Judges and by Mr. Dickinson as the most appropriate, Assured as I am, by the highest authority to which I can Reasons for refer, that there is no valid legal objection to this appointment, adopted" and yet being apprehensive that the question of Mr. Dickinson's standing at the Bar might give rise to difficulties on his arrival in New South Wales, if the case were not clearly understood by his Colleagues, I have thought that the best mode of obviating any such difficulties would be that of placing you in full pos­ session of them, and requesting you to take all such steps as you mayfind bes t adapted for adjusting them. Among such steps, none seems likely to be more effectual than that of a frank and explicit communication on the subject be­ tween Mr. Dickinson and the two other Judges under your own authority and sanction. T remain) &C-> STANLEY. P.S.—I ought to observe that, in recent Acts of Parliament, requiring a certain number of years standing at the Bar as a qualification for holding particular offices, practice as a Certifi­ cated Pleader has been usually taken into account.

[Enclosure No. 1.] , UNDER SECRETARY HOPE TO ATTORNEY-GENERAL. Sir, Downing Street, 27th February, 1844. I am directed by Lord Stanley to transmit to you the fol- Case submitted lowing statement in explanation of a question which has arisen 'or legal regarding the power of Her Majesty to appoint to the office of Judge XSment of m New South Wales a Gentleman at the Bar in England of less barrister of thanfive years' standing there. under five By the Act, 4th Geo. the 4th, Cap. 96, it is provided, " That it S^f"^- shall be lawful for His Majesty, His Heirs and Successors, by Charters or Letters Patent under the Great Seal of the of Great Britain and Ireland, to erect and establish Courts of Judicature in New South Wales and Van Diemen's Land respec­ tively, which shall be styled ' The Supreme Court of New South 622 HISTORICAL RECORDS OF AUSTRALIA. 1S44. Wales,' and ' The Supreme Court of Van Diemen's Land,' and that 31 May- each of such Courts respectively shall be holden by one Judge or Case submitted Chief Justice. Provided, nevertheless, that, if it shall at any time for legal hereafter appear to His Majesty, His Heirs and Successors, ex- opinion re pedient to augment the number of the Judges of either of the baTristw1™* Courts of Judicature aforesaid, then and in that case it shall and under five may be lawful for His Majesty, His Heirs and Successors, from years' standing time to time as occasion may require, by Commission under His as judge. 01. t^eir Royal Sign Manual to augment the number of Judges of both or either of the said Courts to Three; Provided also, that, in case of the absence or Death of any or either of the Judges of the said Courts in New South Wales or Van Diemen's Land respectively, or in case of any such Disease or Infirmity as shall render any such Judge permanently incapable of discharging the Duties of his office, it shall be lawful for the Governor or Acting Governor of New South Wales to appoint some fit and proper person to act in the place and stead of any Judge so being absent, dying or becoming permanently incapable, until such Judge shall return to the execu­ tion of his office, or until a Successor shall be appointed by His Majesty, as the case may require; and in the meantime until sueh Judge shall return as aforesaid, or a Successor shall be appointed, and shall actually enter oh the discharge of his office in the said Courts respectively, the person so to be appointed by the Governor or Acting Governor as aforesaid shall have and exercise all the jurisdiction, powers and authorities belonging to or vested in the Judges of the said Courts respectively." On the 13th of October, 1823, in pursuance of the provisions of the above mentioned Act, a Charter of Justice was issued under the Great Seal of the United Kingdom, which contained the fol­ lowing clause:—• " We do hereby create, direct, and constitute the said Supreme Court of New South Wales to be a Court of Record; and We do further will, ordain, and -appoint that the said Supreme Court of New South Wales shall consist of and be holden by and before one Judge, who shall be and be called the Chief Justice of the Supreme Court of New South Wales, which Chief Justice shall be a Barrister in England or Ireland of not less than Five years' standing, to be named and appointed from time to time by Us, Our Heirs and Successors, by Letters Patent under Our and their great Seal of the United Kingdom of Great Britain and Ireland; and such Chief Justice shall hold his Office during the pleasure of Us, our Heirs and Successors, and not otherwise." After the lapse of two years and a half from the date of the Charter, it was found necessary to appoint a Second or Puisne Judge to the Bench in New South Wales. Accordingly By Warrant under the Royal 'Sign Manual, dated the lst of April, 1826, after reciting the above recited Act and Charter, His Majesty King George the 4th did, " in pursuance of the provisions of the before recited Act of Parliament passed in the 4th year of His Reign, constitute and appoint a second person to be an additional Judge of the Supreme Court at New South Wales." After the lapse of Eighteen months more, it was found necessary to appoint a second Puisne Judge. Accordingly, By a similar Instru­ ment bearing date the Sth day of August, 1827, under the authority of the before mentioned Act, a third Judge was appointed to the Supreme Court of New South Wales. STANLEY TO GIPPS. 623 By an Act to provide for the Administration of Justice in New 1844. South Wales and Van Diemen's Land, and for the more effectual 31 May- Government thereof, and for other purposes relating thereto, dated p„spZiZ,-tj-„ri the 25th July, 1828, it was Enacted " That it shall De lawful for Hisfor legal Majesty, His Heirs and Successors, by Charters or Letters Patent opinion re under the Great Seal of the United Kingdom of Great Britain and appointment of Ireland, to erect and establish Courts of Judicature in New South Und"r ffve° Wales and Van Diemen's Land, respectively, which shall be styled years' standing The Supreme Court of New South Wales and the Supreme Court of as Jud»e- Van Diemen's Land; and that each of such Courts respectively shall be holden by one or more Judge or Judges, not exceeding Three; provided that, in case of the absence, resignation or death of any or either of the Judges of the said Courts in New South Wales or Van Diemen's Land respectively, or in case of any such disease or infirmity as shall render any such Judge incapable of discharging the duties of his Office, it shall be lawful for the Governor of New South Wales or of Van Diemen's Land respectively to appoint some fit and proper person to act in the place and stead of any Judge so being absent, resigning, dying, or becoming incapable, until such Judge shall return to the execution of his Office, or until a successor shall be appointed by His Majesty as the case may require; and, in the meantime, until such Judge shall return as aforesaid, -or a suc­ cessor shall be appointed, and shall actually enter on the discharge of his office in the said Courts respectively, the person so to be appointed by such Governor as aforesaid shall to all intents and purposes be and be deemed and taken to be a Judge of the Court to which he may be so appointed." " Provided always and be it further enacted that, until His Ma­ jesty shall cause such Charters or Letters Patent to be issued as aforesaid, the Supreme Courts of New South Wales and Van Die- men's Land respectively instituted by Her Majesty's Letters Patent under the Great Seal, bearing date respectively the 13th day of October in the 4th year of His Majesty's Keign, shall retain and exercise the several jurisdictions and powers in such Courts vested by Her Majesty's said last mentioned Letters Patent, so far as the same may not be altered by this Act, as fully and effectually as if such Courts respectively had been instituted in virtue and in pursu­ ance of this Act; and the said Letters Patent and all Orders, Acts, matters and things, made and done in pursuance of the powers and authorities vested in His Majesty in and by the said Act passed in the Fourth year of the Reign of His present Majesty, shall be of the same force and effect as if the same had respectively been issued, made, done and performed by virtue and in pursuance of this Act." No Charter was ever issued in pursuance of the last recited Act of 9th Geo. 4th. The result was that, in pursuance of the last quoted proviso, the Charter of the 13th October, 1823, has remained and is still in force. Experience having proved the necessity of constituting within the tureiwhicpassebfoAustraliaanysr ththe fullsthhe od ef mannemi y tconstitutio ith onwanare sth eithesaiColonie srfo eenacte dprescriber2n respectivral dnols f doan othe fathe" dth Legislativdtha m er3r b CourtColoniestfroydsubject ithtomf eshal s timsaiHe ean s,l Authoritred dbo recite tfyepresentho anlawfu locatime yAdministratiod leLawyt lAcfointerest competenMajestyfotsr rthao(o rth fOrdinancet eth, , purpos locat anotheen Cap 9ttolofh . Legisla provid eJusticGeorg 70rs madt,Aco bte­ey 624 HISTORICAL RECORDS OF AUSTRALIA. 1844. the 4th) and, subject to the conditions and provisoes therein con- 31 May. rained, to make such provision as to them may seem meet for the Case submitted better Administration of Justice, and for defining the constitution for legal of the Courts of law and Equity and of Juries, within the said opinion re Colonies respectively, or within any present or future Dependency rfrrist*™ef*°f tnerectf respectively; anything in the said recited Act, or in any under five Charter of Justice, or Order in Council, made and issued in pur- years' standing suanee thereof, or in any Law, Statute, or Usage to the contrary as judge. thereof in any wise notwithstanding." Under the Authority of the last mentioned Act, a local Act was passed by the Governor and Council of New South Wales (4 Vict., No. 22). in which it was enacted that, " for the better and more effectual Administration of Justice throughout the said Colony and its Dependencies, in addition to the three Judges of the said Supreme Court already appointed, there shall and may be appointed a Judge or Judges (not exceeding two) of the said Court as the same shall be deemed necessary by Tier Majesty; and that, until the pleasure of Her Majesty, Her Heirs and Successors, shall be duly signified in that behalf, it shall and may be lawful for the said Governor by Commission or Commissions under the Great Seal of the Colony in the name and on behalf of Her Majesty to appoint such Judge or Judges as aforesaid ; and, from and after the issue by the said Governor of any sueh Commission or Commissions, the person or persons thereby respectively appointed shall, until Her Majesty's pleasure be duly signified as aforesaid, be and be deemed to be a Judge or Judges respectively of the said Courts to all intents and purposes. Provided always that no person shall be so appointed unless he be a Barrister of England or Ireland of not less than fin years' standing." " And that, in case of the death, resignation, absence, illness or incapacity of any of the said Judges, or in case Her Majesty should be pleased not to approve of the appointments made by the Governor as aforesaid or either of them, it shall be lawful for the Governor for the time being to nominate and appoint from time to time a successor or successors in such office, subject to Her Majesty's pleasure or approval as aforesaid." In pursuance bf this last mentioned act, a fourth Judge has been • provisionally appointed by the Governor of New South Wales; The Court at present therefore consists of a Chief Justice and three Puisne Judges. One of the three Puisne Judges having been very recently pro­ moted to the bench at Madras, Lord Stanley proposes tofill up the vacancy and had selected for that purpose a Gentleman of nearly four years' standing at the Bar, who has also practiced for many years as a Certificated Special Pleader. But a doubt has arisen whether, consistently with the Acts of Parliament, The Charter and the local Act already quoted, such an appointment could be lawfully made. Assuming that there is but one vacancy in the New South AVales Bench, that Judge now to be appointed would, on his arrival, thentertainemadbtakqualifiewordee Jnnio eappointmene s precedenc inimmediatels rpursuanc thdo ne ithswhol tee whethe o oefBenchyf e ao fhimantecedengreateo fthr ; th;e thanlocaehir ed precedinsnumbe ltProvisthaappointment Acttot, ritth tha,og e ftha ClausetabovthreJudge beint ,ie esi sgt othe, whethe quote thathiosre r supposed n qualifieonl Judgedthree ry fro thauthorit.se ms , Th woulconditio onlmusthe edoubyyd t Ac th albfotenltr STANLEY TO GIPPS. 625 of five years' standing is imposed upon all appointments whether 1844. made by the Queen or made provisionally by the Governor, or is 31 May. imposed only on the Governor's Provisional Appointments. Case submitted Lord Stanley directs me to request that you and Mr, Solicitor f0r legal General will report to him your joint opinion whether it is com- opinion re petent to Her Majesty to appoint on the present vacancy a Judge at appointment of New South Wales, who is not of five years' standing at the Bar under fjye° either in England or Ireland. years' standing Should you consider it not competent to Her Majesty so to do, his as Jud&e- Lordship would further wish to be favored with your opinion whether in the event of there being two vacancies so as to leave only a Chief Justice and one Puisne Judge actually on the Bench of New South Wales (in which case it is supposed the appointment would not be made under the local Act, but under the previous Acts and Charter) the same objection would exist to the appoint­ ment of a Barrister of the same standing. j have &c. G! W.'HOPE. [Enclosure No. 2.] THE ATTORNEY AND SOLICITOR GENERAL TO LORD STANLEY. My Lord, Temple, 13th March, 1844. We have the honor to acknowledge the receipt -of Mr, Hope's Opinion of a and Letter of the 27th Ulto., containing a statement in explanation of "°c™^ a question, which has arisen regarding the power of Her Majesty general on to appoint to the Office of Judge in New South Wales a Gentleman case submitted. at the Bar in England of less than five years' standing there; re­ ferring us to a proviso in the Statute, 4 Geo. 4, Cap. 96, detailing the mode of -appointment of Judges of the Supreme Court of that Colony and the Charter of Justice founded thereon, and to the Statute of 2 and 3 Vict., Cap. 70, authorizing the constitution of a Local Legislature there, and a Local Act, passed by the Governor and Council 4 Victoria (No. 22), and intimating to us that such Court at present consists of a Chief Justice and three Puisne Judges appointed pursuant thereto. Mr. Hope also stated that one of the three Puisne Judges had been very recently promoted to the Bench at Madras; Your Lord­ ship proposed tofill up the vacancy, and had selected for that pur­ pose a Gentleman of nearly four years' standing at the Bar, who had also practised for many years as a Certificated Special Pleader. But a doubt had arisen whether, consistently with the Acts of Par­ liament the Charter and the Local Act therein quoted, such an Appointment could be lawfully made. Assuming that there is but one vacancy on the New South Wales Bench and that the Judge now to be appointed would on his arrival be Junior on the Bench, and that the three other Judges would all take precedence of him, his appointment it was supposed must be made in pursuance of the Local Act, that being the only authority for the Appointment of a greater number of Judges than three. The doubt entertained was whether the proviso in the last mentioned Act qualified the whole of the preceding Clause or qualified only the words antecedent to it; that is, whether the condition offive years' standing was imposed SER. I. VOL. XXIII—2 R upon all Appointments whether made by the Queen or made pro­ visionally by the Governor, or was imposed only on the Governor's provisional Appointments. Your Lordship directed Mr. Hope to request that we would report to your Lordship our joint opinion whether it is competent to Her 626 HISTORICAL RECORDS OF AUSTRALIA.

1844. Majesty to appoint in the present vacancy a Judge at New South 31 May. Wales who is not offive years ' standing at the Bar either in Eng­ Opinion of land or in Ireland; and, if we should consider it not competent to attorney and Her Majesty so to do, your Lordship would further wish to be solicitor favored with an opinion whether, in the event of there being two general on Vacancies, so as to leave only a Chief Justice and one Puisne case submitted. Judge actually on the Bench of New South Wales (m which case it was supposed the appointment would not be made under the Local Act but under the previous Act and Charter) the same objection would exist to the Appointment of a Barrister of the same standing. In humble obedience to Your Lordship's command, we have care­ fully perused and considered the several matters referred to, and have the honor to report that, by the said Statute, 4 Geo. 4, Cap. 96. and the Charter of Justice founded thereon, it is required that the Chief Justice of the Supreme Court shall be a Barrister of Five years' standing; but there appears to be no sueh restriction with respect to the two additional Judges, who may be appointed under the provisions of the Act. The proviso in the local Act appears in its terms to apply only to the case of a Judge appointed by the Governor; and, considering that no such restriction is placed on the Crown in the Appointment of the other Puisne Judges of the Court, we do not think that the proviso would 'be extended to the case of an Appointment by the Crown, and we are therefore of opinion that it is competent to Her Majesty to appoint in the pre­ sent vacancy a Barrister of less than five years' standing at the English Bar. We have, &c, FBEDK. POLLOCK. W. FOLLETT. [Enclosure No. 3.] Submission UNDER SECRETARY HOPE TO ATTORNEY-GENERAL. of draft of instrument for Sir, Downing Street, 2nd April, 1844. appointment ' With reference to the joint report made by yourself and Mr. of J. N. Solicitor General on the 13th Ultimo on the question as to the Dickinson. power of the Crown to appoint to a vacancy on the Bench of the Supreme Court of New South Wales, under the circumstances set forth, a Judge who is not offive years' standing at the Bar either of England or Ireland, I am directed by Lord Stanley to acquaint you that his Lordship thought it right to invite Mr. Dickinson, the Gentleman on whom it is proposed to confer the office, te prepare the draft of such Instrument as he might consider best adapted to give effect to the appointment. I enclose a copy of a Letter from Mr. Dickinson together with the draft of the Instrument which he has prepared for that purpose. The vacancy on the Bench is created by the appointment to the Bench in India of Mr. W. W. Burton, who was appointed under tne authority of the Acts of Parliament, previous to the passing of tne Local Act referred to in your report. You will perceive that Mr. Dickinson has proceeded on the assumption that his appointmem would be made in succession to Mr. Burton, not under the authontj of the Local Act, but of the Imperial Acts of Parliament. I am to request that you would, in conjunction with Mr. Solicitor General, take the accompanying draft of Commission into youi consideration, and favor Lord Stanley with your joint ?I»nl°". whether Mr. Dickinson has correctly assumed that his appointment is made under the authority of the Acts of Parliament, and not GIPPS TO STANLEY. 627 under the provisions of the Local Act; and, if so, whether the form 1844. of Instrument which he proposes is proi>er for giving effect to the 31 Ma-y- appointment. I enclose for the sake of reference a copy of your previous report on this case. I have, &c, G. W. HOPE. [Enclosure No. 4.] ATTORNEY AND SOLICITOR-GENERAL TO LORD STANLEY. My Lord, Temple, 9th April, 1844. On the 2d instant we were honored with your Lordship's com­ mands contained in Mr. Hope's Letter of that date of which the following is a copy. [Here followed a copy of the letter.] In humble obedience to your Lordship's commands so signified Approval as above, we have taken the matter into our consideration, and per- ot *"***. used the Draft Commission forwarded to us, and have the honor ^w^011 to report that, "in our opinion, the power of the Crown to make the amendment. present appointment Is derived from the Acts of the Imperial Par­ liament and the Colonial Act jointly, and that we approve erf the Draft of the Commission prepared by Mr. Dickinson subject to the alteration suggested. We have, &c., FRED. POLLOCK. W. FOLLETT. SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 116, per ship Cremona; acknowledged by lord Stanley, 7th December, 1844.) My Lord, Government House, 31st May, 1844. I have the honor to forward herewith a Copy of a Petition, petition which was yesterday presented to me by a very respectable Depu- transmitted. tation from the Inhabitants of the Districts in this Colony drained by the River Hunter, praying that the Port of New- Proposal to castle at the mouth of that River may be declared a Pree "Ware- Procla-im free i • -n i^-i ^ I . -i -n • • -r warehousing housing Port; and for the reasons set forth m the Petition, 1 porta* beg leave to recommend a compliance with the prayer of it. I am informed by the Collector of Customs of Sydney that the expense, which will be occasioned by the grant of this boon, will probably be about £400 per annum; but that Officer has received instructions from me to report fully upon the question to the Commissioners of Customs. I feel it right to explain that Newcastle, though capable of Description admitting ships of 400 Tons, is but an indifferent Port; and a ^e^sae. brisk intercourse being kept up between it and Sydney by Steamers, sea-going ships have as yet but seldom visited it. Had the Harbour been a better one, or had there not been such a Port as Sydney within 80 miles of it, the privileges now asked for would doubtless have been long ago conceded. I have, &.Q., GEO. GIPPS. 628 HISTORICAL RECORDS OF AUSTRALIA.

1844. [Enclosure.] 31 May. THE Humble Petition of the undersigned Inhabitants oi the Petition from residents in Hunter River District, Hunter river To His Excellency Sir George Gipps, Knight, Captain General and district praying Governor-in-Chief of the Colony of New South Wales and its proclamation Dependencies, etc., etc., of Newcastle as free ware­ Sheweth, housing port. That the portion of the Colony, herein designated the Hunter River District, comprises nearly the whole of the Counties of Northumberland and Hunter, the counties of Durham, Gloucester, Brisbane, Bligh and Phillip, the Commissioners' Districts of Liver- pool Plains and Bligh, and the chief part of the New England District. That this extensive District contains a population of about 27,000 Souls, or one-sixth of the entire population of the Colony. That it appears from a Government Beturn that the total number of Live Stock in the Colony, on the 30th September, 1843, was as follows:—Horses, 56,685; Horned Cattle, 897,219; Pigs, 46,086; Sheep, 4,804,946; and from the same Return it has been estimated that the number of Stock in the Hunter River District at that period was. about: Horses, 12,000; Horned Cattle, 397,000; Pigs, 13,000; Sheep, 1,264,000; which, Your Excellency will observe, forms a very large proportion of the total number of Stock in the Colony. That in various parts of the District, and particularly in the portions contiguous to the River Hunter and its Tributaries, there are extensive tracts of arable Land, equal in fertility to any in the Colony, and capable of producing food for a numerous population; and that at the present time the supply of Agricultural produce far exceeds the demand of the District, large quantities being annu­ ally exported to Sydney; that the District also produces in abund­ ance many of the luxuries of life, which Your Petitioners antici­ pate will eventually become articles of considerable export. That the District is extremely rich in Coals and other products available for Manufacturing purposes, and that various Manu­ factures are now carried on, including Tallow, Tobacco, Cloth, Salt, Earthenware, Soap, etc., some of which are produced in quantities more than sufficient to supply the wants of the District. That in facilities for Inland Navigation the District is unrivalled in the Colony; that, besides the main River, the Hunter, its tribu­ taries, the William and the Paterson, are also navigable for a con­ siderable distance by Craft of fair size. That the chief, indeed almost the sole, outlet for the varied pro­ ducts of this extensive District is the Port of Newcastle, at the mouth of the River Hunter; that this port is easy of access, of con­ siderable extent, and of sufficient depth of Water tofloat vessels of large Tonnage; and that, when the Breakwater now in progress isfinished, an d Moorings laid down, the Harbour, in the opinion of competent judges, will be perfectly secure. That the Town of Newcastle is a place of considerable import­ ance as a manufacturing Town, and in its neighbourhood are situated the Coal Pits of the Australian Agricultural Company, from which nearly all the Coal consumed in the Colony is derived, and whieh, in addition, now furnish an annual Export of between 3,000 and 4,000 Tons. DistricThatt thise opresenf considerablt exporet magnitudeand impor;t thaTradt youe orf petitionerthe Huntesr believ Rivere GIPPS TO STANLEY. 629 that nearly one-third of the exportable products of the Colony are 1844. produced in the District, and that its imports constitute a fifth of 3iMay. the entire Imports of the Colony. Petition from That, notwithstanding this, the privilege of Trading direct to residentsin and from Britain and her Colonies and with Foreign States is Hunter river withheld from the Inhabitants of the District, who are put to the proclamation"8 serious expense and inconvenience of Shipping all their Exports of Newcastle via Sydney, and of receiving their Imports through the same me- <»s fr?e war?- dium; although, as has been shewn, the Port of Newcastle, the h0UsmePort- natural outlet of the District, is easy of access, perfectly secure, and sufficiently commodious to contain a large number of 'Shipping. That this restriction operates most prejudicially upon the interests of the Inhabitants of the District, while it does not confer upon them in return a single advantage; that it acts as a check upon their Commercial Enterprise and energy, and disables them from reaping the full benefit of the great and varied resources of the District; and that it has also the injurious effect of a heavy and unnecessary tax upon the staple products exported from the District. That, in order to bring more clearly under Your Excellency's notice the magnitude of the evil under which your Petitioners labour, in consequence of the privilege of commercial freedom being withheld from them, they respectfully submit for Your Ex­ cellency's consideration a brief sketch of the probable effects of the restriction, complained of, during the current year. Estimating the total export of Wool from the Colony at 12,000,000 lbs., your Petitioners believe that of this quantity at least 3,000,000 lbs. will be sent from the Hunter River District. The Freightage on Wool from Morpeth to Sydney by the Steamers (the mode of conveyance almost universally adopted) is Seven Shillings per Bale, the bales averaging about 250 lbs. each. The expense of Coast transit on 12,000 Bales, therefore, will amount to £4,200, or about one-third the cost of transmitting the Wool from the Colony to England. Were Newcastle a Free Warehousing Port, and the Wool Shipped from there direct for England, the expense of transmitting it from Maitland or Morpeth to that Port would not exceed £840, one-fifth of the cost of sending it to Sydney; thus effecting a clear saving to the producers of £3,360 in Freightage, besides relieving them from the expense and delay of making journeys to Sydney. This, your Petitioners are aware, is putting the case in an extreme point of view; assuming on the one hand that the District reaps the full benefit of Newcastle being a Free Warehousing Port, which it will take some years to bring about; and on the other, leaving out of view the fact that some of our Wool is now Shipped at Newcastle; which latter circumstance, however, is only a very partial benefit under present arrangements. Still, making ample allowance for these drawbacks in the calculation, your petitioners respectfully submit that the immediate saving to the Wool growers of the District in freightage and passage money, from Newcastle being made a Free Warehousing Port, would hardly be less than £3,500 annually. In the second great branch of Colonial export, a considerable amount might also be saved. Your Excellency will have observed that the District possesses a remarkably large pro­ portion of the Horned Cattle in the Colony. From this branch of our Colonial Wealth, your petitioners estimate that 1,500 Tons of Tallow, Salt Beef, Hides and Horns will be derived in this 630 HISTORICAL RECORDS OF AUSTRALIA

1844. District during the current year. The freightage on Tallow and 31 May. the other Articles, from Morpeth to Sydney, is £1 per Ton; this on Petition from 1,500 Tons would amount to £1,300. Allowing one-fifth of this sum residents in as the expense of conveying these articles to Newcastle, a saving in Hunter river district praying freightage would be effected by our Graziers of £1,200, were they proclamation allowed to Ship direct from that Port. of Newcastle Similar expense must also be incurred during the year on several as free ware­ other articles, which will be sent from the District to Sydney, and housing port. re-exported thence. Your Petitioners also beg to call your Excellency's attention to the effect of the restriction on another Export of great importance; they allude -to Coal. The export of this article under present cir­ cumstances will probably amount this year to between 3,000 and 4,000 Tons; while, if Newcastle were a Free Warehousing Port, the export would at least be double that quantity; for many Ships which now leave the Colony for Foreign parts in Stone Ballast, would take Coal instead, if the regular course of Trade led them to a Port where it could be obtained at. (lis.) Eleven Shillings a Ton. The quantity and value of imported articles, consumed in the District during the current year, will naturally bear some relation to the amount of its exports; and your Petitioners believe that, in putting down £4,000 as the expense of Freightage from Sydney to Maitland (the head of the Navigation of the Hunter) on Imports, over and above the cost of transmitting the same Goods from Newcastle to Maitland, they keep within the bounds of the probable amount; and to this must be added the loss of time and expense incurred in frequent journeys to Sydney. From these premises, your Petitioners consider themselves justi­ fied in asserting that this petition further sheweth, That the Inhabitants of the Hunter River District pay an annua) sum of at least £10,000 for freightage of exports and imports and passage-money, over and above what they would have to pay if Newcastle were invested with the privileges of a Free Warehousing Port; which sum your Petitioners cannot regard in any other light than as an injurious diminution of the profits arising from the various pursuits of the Inhabitants of the District. That your Petitioners understand that the chief if not the only obstacle to Newcastle being made a Free Warehousing Port, is the additional expense that would be incurred in increasing the Cus­ toms Department at that place, amounting, your Petitioners are in­ formed, to between £200 and £300. That your Petitioners respectfully submit that the expenditure of this trifling amount ought not to be allowed to weigh against the annual expense to which the Inhabitants of this District (one- sixth of the entire population of the Colony, and contributors to the general revenue in at least the same proportion) are put for want of the accommodation; and beg to suggest that the extra expendi­ ture would be at once partially met by the increased amount of Port Dues paid at Newcastle, and that eventually it would be more than returned to the Government by the increased consump­ tion in the District of Articles paying Customs duties. Your Petitioners further beg respectfully to urge upon your Ex­ cellency's consideration, whether, at a time when the Colony is beginning to recover from the effects of a Monetary shock which bas spread ruin and insolvency through every rank of Society,.it STANLEY TO GIPPS. 631 he a wise policy, for the sake of a trifling outlay, to cramp the 1844. enterprise and retard the prosperity of an extensive and populous 81 May- District, a District which, for variety and extent of available re- petitioTfrom sources, your Petitioners believe is unrivalled in Australia. residents in That your Petitioners believe that the beneficial effects of Hunter river declaring Newcastle a Free Warehousing Port would be felt beyond district praying the Hunter River District; that it would materially tend to with- Sf NewSstT draw from Sydney a portion of its redundant and unproductive as free ware- population by opening up fresh sources of profitable employment in housing port. country Towns and Districts; and that the increased Trade and prosperity of this province, resulting therefrom, would powerfully aid the restoration of the Colony to a vigorous, healthy, an<] flourishing State. Your Petitioners, therefore, Pray that Your Excellency, taking these premises into consideration, will be pleased to lay the same before Her Majesty the Queen in Council, and to recommend that Her Majesty be graciously pleased to direct that an Order in Council be issued extending the privileges of a Free Warehousing Port to the Port of Newcastle, on the River Hunter, in the Colony of New South Wales. And your PetitionersLORD STANLE, as iYn TdutO SIy boundR GEORG, wilE lGIPPS ever. pray. (Despatch No. 85, per ship Dublin.) Sir, Downing Street, 1 June, 1844. l June. With reference to my despatch of the 30th of April last JNTO. 59, I have to acquaint you that I have received a further Further claim y e ian letter from Major Newman, dated Melbourne, the 31st of October, k0 °^ s7cm 1843, in support of the claim, which he advances, to be allowed on purchase a, remission in the purchase of Land in the. District of Port Phillip. It appears that Major Newman left the Military Service in India in 1834, and that in 1838, being a Resident in Van Die- men's Land, he applied for a Remission order at Port Phillip. His claim to this indulgence was clearly inadmissible on two grounds, first, because he was not a resident in the Colony, and secondly, because his application should have been made before the expiration of twelve months after his leaving the army. The Colonial Secretary's letter, refusing his application, referred only to the first of these objections. Mr. Newman however having since removed to Port Phillip and renewed his claim, his applica­ tion has also been refused on the second ground, to which I have alluded, namely that it was not made within the prescribed period. You will acquaint Mr. Newman that, for the reasons above Refusal to stated, it is not in my power to alter the decision, which I have on ciaim!S1°n already arrived at on his claims, and which was conveyed to you by my despatches No. 51 of 8 January, 1842, and No. 59 ot SO April last. I have, &c, STANLEY. 632 HISTORICAL RECORDS OF AUSTRALIA.

1844. LORD STANLEY TO SIR GEORGE GIPPS. 2 June. (Despatch No. 86, per ship Dublin.) Sir, Downing Street, 2 June, 1844. Despatch I have received your Dispatch No. 211 of the 19th Decem­ acknowledged. ber last, containing a report on complaints made by Mr. Mc­ Dougall of illusage experienced by his son in the Port Phillip District of New South Wales from Mr. G. D. Smythe, who was represented to be a Government Land Surveyor. I communicated your report to Mr. McDougall, and I transmit a Copy of the reply, which I have received from him. Refusal to It cannot be admitted that Mr. McDougall, Junr., has any recognise claims of A. D. claim on the Government for services which he performed under McDougall. a Contract Surveyor. At the same time, I think it right to call your attention to the allegation that the Contractor, in whose service Mr. McDougall, Junr., was acting, was employed 'by his Brother who was at the time in the Public Service. I have, &c, STANLEY. [Enclosure.] LIEUTENANT H. N. MCDOUGALL TO LORD STANLEY. My Lord, Portaskeiy Islay, 12 May, /44, Letter I have had the honor of receiving your Lordship's letter of acknowledged. the 4th instant with the enclosures from the Govr. of Sydney, and also those from Mr. Latrobe of Port Phillip. Permit me, My Lord, to return you my most sincere thanks for your attention to my request, regarding the ill treatment my son received from Mr. G. D. Smythe, the employed Govt, land Jobber; this man was em­ ployed by his brother, Henry W. Hutcheson Smith, who was the Govt. Surveyor for the Geelong District, and sent his brother G. D. Smythe to survey the West Port District. These two men are brothers in law to old Captn. Lonsdale, the Colonial Treasurer for the Port Phillip District, from whom of course they were paid. Ill-treatment of A. D. I cannot conceal from my mind the bad intention of G. D. Smythe, McDougall. when he placed his assistant on an inhabited island, on purpose that he should not know anything of his settlement, and kept him there for 6 weeks, when he promised to take him off in 3 days. Such conduct, My Lord, I trust you will mark with your disappro­ bation, and that you will order his small allowance of salary to be paid to my son. l beg leave to say that, should all young comers to the Colony be treated as my son, few indeed there would be that would venture their lives in such hands as G. D. Smythe, The heart­ less miscreant. Long life to you My Lord, and success to the Colonies. I am, &c, H. N. MCDOUGALL, Lt., H.P. 91st Regt., Portaskay, Islay. STANLEY TO GIPPS. 633

LORD STANLEY TO SIR GEORGE GIPPS. 1844. (Despatch No. 87, per ship Dublin.) Sir, Downing Street, 3 June, 1844. With reference to former communications* relative to the Papers

Claim of the Crown on the property of Mr. Timothy Nowian in rec iaim on New South Wales, I transmit to you herewith, for your informa- ^Xwian* tion, a copy of a letter from the assistant Secretary to the Board of Treasury with a copy of a Minute of that Board relative to the prosecution of those Claims, with a due regard to the interests in that property of Mr. Richard Jones and Mr. Robert Campbell of Sydney. As Mr. Campbell is in this Country, I have directed that the result of the decision of the Lords of the Treasury should be com­ municated to him in reference to a representation received from liim on the subject. I have, &c, STANLEY. [Enclosure No. 1.] MR. C. E. TREVELYAN TO UNDER SECRETARY STEPHEN. Sir, Treasury Chambers, 11 May, 1844. With reference to your Letter dated 18th July last forwarding a Memorial from Mr. Robert Campbell respecting his Mortgage on the property of Mr. Timothy Nowian, a Crown Debtor in New South Wales, I am commanded by the Lords Commissioners of Her Ma­ jesty's Treasury to transmit to you herewith for the information of Transmission Lord Stanley a copy of their Lordships' Minute, dated 7th instt.,o f minute- containing their Lordships' directions in regard to the recovery of the Balance of the Debt of £30,000 advanced by the Government to the Firm of Nowian, Shaw and Co. in the year 1821 under the Act, 1 Geo. IV, Cap. 39. I am, &c, C. E. TREVELYAN. [Enclosure No. 2.] COPY of Treasury Minute of Tth May, 1844. Treasury Tmnurp TP READ the Report from the Solicitor, dated the 13th February last, claims of on the subject of the legal proceedings which have been taken by crown on their Lordships' directions in the Supreme Court of New South property of Wales against Mr. Timothy Nowian of the late Firm of Nowian, JN0Wlan- Shaw and Company of the County of Kilkenny, for the recovery of the balance of a Debt of £30,000 and interest advanced by the Gov­ ernment to that Firm in the year 1821 under the Act 1 Geo. 4th, Cap. 39. Also read the several representations which have been made by or on behalf of the following parties:— 1. Mr. Richard Jones, who purchased in the year 1832 certain Landed property, which belonged at that time to Mr. Nowian, and was in consequence included in the Inquisition taken in New South Wales as being liable in satisfaction of the Claims of the Crown. 2. Mr. Robert Campbell, who lent the sum of £4,000 to Mr. Nowian in November, 1839, on a Mortgage of a part of the remainder of his property which Mortgage, it is alleged, would be of no value, if the prior claim of the Crown on Mr. Nowlan's property were to be enforced; and * Note 6fl. 634 HISTORICAL RECORDS OF AUSTRALIA.

1844. 3. Mr. Timothy Nowian, praying that the proceedings which have 3 June. been taken against him may be set aside, and that the claim upon Treasury the part of the Crown may be relinquished. minute re On a full consideration of all the Documents connected with this claims of crown on Case, My Lords are of opinion that Mr. Richard Jones and Mr. property of R. Campbell cannot be presumed to have had the means, at the T. Nowian. time when they concluded with Mr. Nowian the transactions above adverted to, of ascertaining that Mr. Nowian was a. Debtor to the Crown to a large amount; and they must therefore be deemed to have been, as stated by the Solicitor, bona fide mirchasers and innocent holders of the respective interests conveyed to them. Under these circumstances, their Lordships are pleased to deter­ mine that all claim on the part of the Crown to the Land 'Purchased of Mr. Nowian by Mr. R. Jones in 1832 shall be relinquished, and that any proceedings, which may be taken for the recovery of the sum owing to the Crown by Mr. T. Nowian. shall be conducted without prejudice to the mortgage held by Mr. R. Campbell upon the property of that Individual. But their Lordships cannot admit that any sufficient reason has been alleged for relinquishing the claim to the Crown upon Mr. T. Nowian. The Sum of £30,000 was lent to the Firm, of which that Indi­ vidual was one of the Partners, with a full understanding that it was to be repaid. Security was taken for the repayment by the deposit of Goods, and by the execution of Bonds by the Members of the Firm, including Mr. Timothy Nowian, joined with several independent sureties. Upon the subsequent failure of the Firm, £10,000 of the Loan was actually recovered by the Sale of the Goods and the Bonds were put in Suit for the residue, and judgment was obtained thereon in the Court of Exchequer in Ireland. The Loan was obtained by the Firm in February, 1821; and, in April in the following year, Mr. T. Nowian embarked for New South Wales, his motives for taking this step described by him in the following passage extracted from his Memorial. " That the losses sustained by the Firm during a period of over- . whelming commercial embarrassments exceeded considerably the Amount, calculated or anticipated, caused by the failure of Agents, bad Debts and the necessity of forcing Sales on thefoiling Market of Goods Manufactured from Wool purchased at high prices. That the immense importation of Foreign Wool since the Peace reduced the value of English and Irish short clothing Wool so rapidly that the Growers had to turn their attention to the production of the larger staple combing Wool fortunately then coming into brisk demand for the supply of new branches of Worsted Manufacture since greatly extended. Memorialist, being therefore aware that henceforward thefiner descriptio n of Clothing Wool would be only grown with sufficient advantage in the Southern Hemisphere to com­ pete with the Continental Growers, and seeing no immediate pros­ pect of the Loan which was set on foot by the Landed Proprietors (and which is referred to in the Memorial to the Lord Lieutenant before inserted) being completed and paid up, from which source alone additional capital was to be expected, formed the project of transferring his Merinofloclc of Sheep to the Australian Colonies, there to form an Establishment for the growth of Wool in aid and support of the said Factory still in existence." STANLEY TO GIPPS., 635 Mr. T. Nowlan's Establishments in New South Wales were there- 1844. fore formed out of the Capital of the Irish Firm within a short s June- period after the Loan of £30,000 had been obtained from Govern- TreasUry ment; and no good reason can be alleged for not recovering from minute re Mr. T. Nowian the sum still due to the Crown, which did not equally claims of apply to the proceedings instituted for the same purpose against the property of partners who remained in Ireland. T. Nowian. Mr. T. Nowian states in his Memorial as a ground for indulgence that he was assisted in his Australian undertaking by being allowed u free passage for himself, his family, Servants andflock of Merino sheep, andtoy Grant s of Land both in New South Wales and Van Diemen's Land; but this additional aid, which was afforded to the Australian branch of the Establishment, appears to my Lords rather to strengthen the obligation which Mr. Nowian was under of re­ paying at the earliest possible period the balance of the sum of £30,000, which had been lent to the Firm. He also urges that the claim for repayment has now been made for thefirst tim e after a lapse of 20 years, but the facts are that Judgment was obtained in the Court of Exchequer in Ireland against the Firm in November, 1832, and upon the Government receiving intelligence in 1838 that a Member of the Firm was re­ siding in New South Wales in good circumstances, and the Pro­ prietor of an Estate there, legal proceedings were directed to be instituted against him; and, in the early part of 1841, an exempli­ fication of the judgment was, under the advice of the Attorney General, sent out to the Law Officers of the Colony with the opinion of the Attorney General and instructions to proceed thereon. The only plea urged by Mr. Nowian, the force of which their I/Ordships are disposed to admit, is that which is grounded on the , present reduced value of Landed property in New South Wales, and the loss, which would consequently be entailed upon him and his Creditors if a Sale were to be forced in the existing state of the Market. Upon this point, My Lords are willing to allow every reasonable indulgence, provided such delay can be permitted with­ out prejudicing the right of the Crown to recover its due, whenever it shall be considered advisable (for the interest of all parties that a Sale should be effected. Their Lordships would also not be unwilling, having regard to the largeness of the sum and to compassionate consideration for Mr. Nowian, to make some allowance in respect to the interest; and they would even consent to the entire remission of the interest, provided he should make a satisfactory arrangement for the liquida­ tion within a reasonable period of the principal sum for which judgment was given against the late Firm by the Court of Ex­ chequer in Ireland. If Mr. Nowian should fail to make any such arrangement, My Lords in that case desire that every necessary measure be adopted, with the advice of the Law Officers of the Crown, to prosecute the claim of the public against the whole of Mr. Nowlan's property, subject to the reservations before mentioned not only in New South Wales, but also in Van Diemen's Land, where it is evident, even from his own admission, that he has acquired a considerable Estate by the same means which enabled him to acquire his property in New South Wales. 636 HISTORICAL RECORDS OF AUSTRALIA.

1844. LORD STANLEY TO SIR GEORGE GIPPS. 8 June. (Despatch No. 88, per ship Dublin.) Sir, Downing Street, 8 June, 1844. I have received your Dispatch dated the 25th November, Gratuity 1843, No. 191, recommending the payment of a gratuity to com­ proposed for J. Kent. mence from the 19th July, 1839, of One hundred andfifty Pounds per annum to Deputy Assistant Commissary General Kent as a remuneration for his management of the Government Plocks and Herds at Moreton Bay. Having communicated with the Lords Commissioners of the Treasury, I transmit to you herewith, the Copy of a Minute oi their Lordships upon the subject, dated the 28th May, 1844. You will perceive that directions have been issued by_ the Lords Commissioners to the officer in charge of the Commissariat Chest in New South Wales for paying to Mr. Kent a Gratuity at the rate of one hundred Pounds per annum to commence from the 19th July, 1839, and that, when the Flocks and herds shall have beenfinally dispose d of, their Lordships will be prepared to con­ sider what further gratuity it may be proper to award to that

Gentleman for his services in this matter. j j^ye &c STANLEY. [Enclosure.] Treasury COPY of a Treasury Minute, dated 28 May, 1844. minute re MY Lords refer to the former correspondence on this subject, and gratuity for J. Kent. particularly to their Minutes of the 6th and 27th April, 1841, the former upon a letter from Mr. Miller of the 6 th February, 1840, the latter upon one from Mr. Stephen of the 27 April, 1841. Write the Officer in charge of the Commissariat in New South Wales with reference to Dep. Com. Genl. Miller's letter of the 9th December last and the previous correspondence relative to the Government Flocks and Herds at Moreton Bay, and acquaint him that My Lords have had before them a communication from the Secretary of State for the Colonies, enclosing a Report received by him from the Governor of New South Wales, dated the 25th No­ vember last upon this subject, and recommending the payment of a gratuity at the rate of £150 per annum to Dep. Ass. Com. Gen. Kent to commence from the 19 July, 1839, as a remuneration for his man­ agement of the Stock. State that the proceedings, which have been reported by Mr. Miller regarding the Flocks and Herds at Moreton Bay, and the explana­ tions which that officer has furnished respecting the deferred sale of this property, are satisfactory to this Board. With regard to the question of remuneration to Dep. Ass. Com. Gen. Kent for his services in this special duty, it will be seen, on reference to the correspondence which passed in the year 1841, that My Lords then contemplated an early disposal of the Stock at Moreton Bay and deferred the consideration of a remuneration to Mr. Kent until this object had been accomplished; but, as a long interval has unavoidably elapsed and no precise period can at pre­ sent befixed for thefinal disposa l of this Property, their Lordship GIPPS TO STANLEY. 637 consider that it is but reasonable that Mr. Kent should receive, 1844. without further delay, some remuneration for the services he has 8 June- rendered, and they accordingly authorise the officer in charge to Treasury issue to Mr. Kent a gratuity at the rate of £100 per annum to com- minute re mence from the 19th July, 183S; and their Lordships will hereafter gratuity for have under their consideration, when the Flocks and Herds shall J- Kent' have been finally disposed of, and which they have already ex­ pressed their desire may be done at the earliest period at which it can take place with a reasonable prospect of advantage to the Gov­ ernment, what further gratuity it may be proper to award to Mr. Kent for his services in this matter.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 117, per ship Jane Goudie; acknowledged by lord Stanley, 17th December, 1844.) My Lord, Government House, 10th June, 1844. io June. D e I have had the honor to receive your Lordship's Despatch c ^J*d . marked "Military No. 5," of the 7th December, 1843, wherein ^distribution lhtary were enclosed for my information and guidance Copies of a °o™e correspondence between your Lordship and the Lords of the Treasury, in explanation of the grounds on which it is deemed necessary to make a change in the distribution of the Force at present allotted for the protection of the two Settlements of New South Wales and Van Diemen's Land; and I have to report to Your Lordship that, in. order to carry into effect the decisions of Her Majesty's Government, I have consulted with Lieut. General Sir Maurice O'Connell, and also with the Officers of Ordnance in New South Wales. The Lieut. General and myself concur in the opinion that,

supposing four Regiments, or 4,000 men, to be the whole Force P™Pjg«!.on allotted for the protection of the Australian Colonies, including o^miiitary" New Zealand as well as South and Western Australia, the best incolonies; distribution of that Force would be as follows:— New South Wales (at least), 1,000; Van Diemen's Land (exclusive of Norfolk Island), 2,000; Norfolk Island, 200; South Australia, 100; Western Australia, 100; New Zealand, 150;—3,550; leaving 450 disposable, who should, until required elsewhere, be stationed at Van Diemen's Land. The thousand men allotted to New South Wales should, we consider, be kept constantly complete, and be exclusive of the men attached to the Mounted Police, who are paid by the Colony. They should moreover, we consider, under ordinary circumstances and in New , j. , ., . •, . •,-, South Wales. be distributed as follows:— Moreton Bay, 50; Newcastle, 100; Port Phillip, 100; Bathurst, 30; Sydney, 720;—1,000. 638 HISTORICAL RECORDS OF AUSTRALIA.

1844. Moreton Bay forms, as it were, a separate settlement to the 10 June. North of the Colony, as does Port Phillip to the South. We Necessity for think, therefore, that neither of these places should be left with­ military at Moreton bay, out Military protection. Port Phillip, Bathurst is the Capital of the Western portion of the Colony, Bathurst and lying beyond the Blue Mountains; Courts of Assize are held in Newcastle. it, and it has a large Gaol. We therefore consider that an Officer's party of at least 30 men should always be stationed there. New­ castle, at the mouth of the River Hunter, is also in our opinion a place where Troops are required. In respect to Barrack accommodation, the Lieut. General, the Officers of Ordnance, and myself concur in the following opinions :— Barrack We consider that the existing arrangements* in respect to the accommodation New Barracks at Sydney ought to be carried out. Already up­ at Sydney; wards of £22,000 have been expended by the Colony on them; and I find that the Commanding Engineer, Lieut. Colonel Gordon, does not consider that the orders received by him from the Ord­ nance, or those contained in the correspondence between your Lordship and the Lords of the Treasury, forbid the completion of them. They are intended to contain 800 men; and as it is pro­ posed, under ordinary circumstances, to keep (as above stated) 720 men in Sydney, the accommodation will scarcely be greater than what is required. at Moreton At Moreton Bay, there is a very good Barrack, capable of con­ bay; taining 50 men; and it is proposed to occupy it with that number. at Bathurst; At Bathurst, the accommodation is bad; nevertheless no expense worth mentioning is required in order to accommodate, the small party, which it is proposed to keep there. at Port At Port Phillip, a Barrack is required; in respect to it, how­ Phillip ; ever, I beg to refer to my Despatch No. 22 of the 22d January, 1844. and at At Newcastle, a New Barrack has lately been completed; it is Newcastle. capable of holding 200 men, though it is proposed henceforth to occupy it with 100 only. Barracks not The places, where there are Barracks which will not be required required. when the Troops shall be reduced to the number of 1,000, are the following:— Distant from Sydney. Parramatta .. 16 Miles. Liverpool ...... 20 „ Windsor - ...... , 36 „ Port Macquarie . . . . . 180 „ Of these, the Parramatta and Windsor Barracks might prob­ ably be sold, the former for about £6,000 or £7,000, the latter for

* Marginal note.—See my Despatches, Nos. 151, 112, 65, 27th Sept., 1S3S, 17tb Augt., 1840, 8th May, 1843. Secretary of State, No. 121, 21st Augt., 1839. GIPPS TO STANLEY. 639 about £2,000. The Commanding Engineer has indeed estimated 1844. them respectively at £8,625 and £2,500; but property of every sort " P o s e d has beeh of late so much depressed in value, that they might a[Sp 0 s a i 0{ possibly not realize even half the sums above named, and, con- barracks. sidering the proximity of these Barracks to Sydney, and the advantage of having the means of changing the position of a portion of the Troops, or of accornmodating an extra number, I cannot advise the sale of them. The Barrack at Liverpool is so unimportant, as scarcely to deserve notice. It adjoins the Gaol, and should, I would submit, if not wanted for Military purposes, be given up to the Civil power; and I would say the same in respect to that at Port Mac­ quarie, where, however, there is at present, and must continue to be for some years, an Invalid Establishment of Convicts. The Barrack at Emu Plains (40 Miles from Sydney on the Road to Bathurst) has long been unoccupied, and is, I believe, in a complete state of Ruin. I cannot leave this portion of my subject without referring to my Despatches of the 26th, 27th, and 28th September, 1838, Nos. 150, 151, and 152, on the subject of the Ordnance Vesting Bill, then before the Legislative Council; nor without pointing Possible pro- out the probability that some portion of the excitement, which barrack.,1. prevailed when these Despatches were written, may be revived, should it be proposed to sell Barracks in New South Wales, and apply the money derived from the sale of them to the erection of others in Van Diemen's Land. I consider now, as I did when those Despatches were written, that the Board of Ordnance has an undoubted right to sell any Barracks in the Colony; but I think it proper to submit to Your Lordship, whether the small sum to be derived from the sale of the Barracks at Liverpool, Windsor, or even at Parramatta, should be considered an object which should, induce us to sell them at the risk of producing a bad feeling in the Colony. In respect to the distribution of the Officers of the Engineer Distribution Department, on which, according to your Lordship's instructions, officers"1061 I am to decide, after having consulted with the Lieut. Governor of Van Diemen's Land, I beg leave to observe to Your Lordship, that the Engineer Department in New South Wales consists only of the Officers named in the margin,* and that the Officer stationed at Norfolk Island will naturally be transferred to the Establishment of Van Diemen's Land, when the Island itself is transferred.

* Marginal note-—Sydney: Lieut. Col. Gordon, Capt. Marlow. Norfolk Island: Lieut. Hamilton. 640 HISTORICAL RECORDS OF AUSTRALIA.

1844. The Engineer Command in Van Diemen's Land has always 10 June. (under the Regulations of the Board of Ordnance) been distinct Engineer from that of New South Wales; and it scarcely appears to me command in Tasmania. desirable that the existing arrangements should be disturbed; at any rate, I do not think an alteration should be made except by order of the Board; and, if the Barracks now building in Sydney are to be completed, the Engineer Establishment in New South Wales certainly will not admit of reduction. Objections to The removal of the Head Quarters of the Troops from Sydney removal of to Hobart Town is a subject on which my opinion is not re­ headquarters from Sydney. quired by Your Lordship; nevertheless I would respectfully ven­ ture to submit that, as Sydney will I trust long continue to be the centre of all British Interests in the vast regions of Aus­ tralasia, it would scarcely be consistent with sound policy, to fix elsewhere the Headquarters of Her Majesty's Troops. Return and I enclose a Return, which I have received from the respective estimates re barracks. Officers of Ordnance, of the Barrack accommodation in New South Wales, and an estimate by Lieut. Col. Gordon of the sums which in his opinion the Barracks at Parramatta, Windsor, and Liverpool might be expected to sell for. It only remains for me to add, there will be no difficulty in carrying into effect any of the arrangements respecting the Troops which are herein suggested. I have, &c, GEO. GIPPS. [Enclosures.] [Copies of these papers are not available.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch marked "Confidential," per ship Jane Goudie; acknow­ ledged by lord Stanley, 17th December, 1844.) My Lord, Government House, 10th June, 1844. Objection to My Despatch of this day's date No. 117, respecting the reduction of military force proposed reduction in the Military Force in this Colony, has been pending written without any reference to the excitement which at pre­ settlement sent prevails on the subject of the Squatting Regulations, or of squatting regulations. rather written in the supposition that the Squatters will submit to whatever may be the decision of Her Majesty's Government (supported, if necessary, by Parliament) in respect to them. I feel it, however, my duty to state confidentially to Your Lordship that I scarcely think it wouldfoe pruden t to make any consider­ able reduction in the Military Force in New South Wales, until the very important question involved in the Regulations for the occupation of Crown Lands shall be brought to a Settlement. I have, &c, GEO. GIPPS, STANLEY TO GIPPS. 641

LORD STANLEY TO SIR GEORGE GIPPS. 1844. (Despatch No. 89, per ship Dublin.) 13 June. Sir, Downing Street, 13 June, 1844. The Lords Commissioners of the Treasury have brought instructions re under my consideration the question of reducing the Brig " Gov- brig Governor ernor Phillip," which has hitherto been maintained for the pur- * ip' pose of keeping up a communication between Sydney and Nor­ folk Island. Considering that the Lieut. Governor of Van Diemen's Land has been directed to revise the Marine Establishment of that Colony, and to report on its state with a view to reduction, and bearing in mind that, until the settlement of Norfolk Island shall have been annexed to that Colony, the communication with New South Wales must be maintained, it has been thought desir­ able to abstain for the present from issuing any instructions for the immediate discontinuance of that Vessel. It is not, however, the intention of Her Majesty's Government that the " Governor Phillip " should be maintained at the charge of the Convict and Commissariat Chest Fund after the necessity for periodical communication between your Government and Norfolk Island for the transmission of supplies and for other Convict Services shall have ceased; and you will take the earliest opportunity for relieving the Commissariat Chest from Expendi­ ture on account of that service. j uave A.C

STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch per ship Dublin; acknowledged by Sir George Gipps, 12th November, 1844.) Sir, Downing Street, 14 June, 1844. u June. I have received from Mr. Adam, President of the Aus- Letter received tralian Total abstinence Society, a letter dated the 25th of Janu- otTmt^it^ ary last, bringing under my consideration the distress which pre- toti*1 abstinence society. vails m the Colony under your Government in connection with the consumption of Spirituous liquors. This communication having been sent to me from the Colony by the writer, and not having been transmitted through you, I have to desire that you would apply to the writer for a copy of it, and that you would forward that copy to me, accompanied by such a report as the case may appear to you to require. I have, &c, STANLEY. SER. I. Vol. XXIII—2 S 642 HISTORICAL RECORDS OF AUSTRALIA.

1844. LORD STANLEY TO SIR GEORGE GIPPS. 15 June. (Despatch No. 90, per ship Dublin.) Sir, Downing Street, 15 June, 1844. Letter I transmit to you herewith the Copy of a letter from the transmitted. Deputy Secretary at War, and I have to request that you will furnish me with the information required respecting the Civil Appointments, which may have been held by Lieutenant Lynd in New South Wales since the period specified in that letter. I have, &c, [Enclosure.] STANLEY.

MR. L. SULIVAN TO UNDER SECRETARY HOPE. Sir, War Office, 10 June, /44. Report The Master Genl. and Board of Ordnance, having reported in requested re a communication, dated 18 May and 6 June, /42, that Lieut. Lynd, appointments of Lynd. a Barrack Master at Sydney, N. S. Wales, was in the receipt of a Salary of £273 15s. per annum, and that officer, having omitted to state on his declaration for the payment of his half pay as an officer of the 65 foot, the amount of the Pay and emoluments of his civil situation from 1 Octr., /43, to 31 Deer., /43, I am directed to request that you will be pleased to state for the Secretary at War's information whether Lieut. Lynd has been appointed to any or what other Civil appt. in the Colony, and, if so, that you will also specify the amount of salary and emoluments thereof. I am, &c, L. SULIVAN, LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 91. per ship Dublin.) 16 June. Sir, Downing Street, 16 June, 1844. Despatch I have received your despatch dated the 8th of December, acknowledged __ 1843, No. 204, reporting the difficulty, which exists in recovering re debt of G. Cooper. from Mr. Cooper, late Collector of Customs in New Zealand, the sum of one hundred and fortyfive pound s one shilling and seven pence, with which he had been surcharged in his former capacity of Comptroller of Customs at Sydney. Having communicated on this subject with the Lords Commis­ sioners of the Treasury, I transmit to you herewith, for your in­ formation and guidance, the copy of a letter which has been re­ ceived from that Board, together with copy of a report from the Commissioners of Customs, dated the lst of June, 1844. I have, &c, STANLEY. [Enclosure No. 1.] MR. 0. E. TREVELYAN TO UNDER SECRETARY STEPHEN. Sir, Treasury Chambers, llth June, 1844. I am commanded by The Lords Commissioners of Her Ma­ jesty's Treasury to transmit to you the enclosed copy of a Report from the Commissioners of Customs, dated the lst Instant, relating STANLEY TO GIPPS. 643 to the recovery of a surcharge against Mr. George Cooper while 1844. Comptroller of Customs at Sydney in New South Wales; and I am 16 June. to request that you will lay the same before Lord Stanley for his Eepor^ Lordship's information with reference to the Dispatch from the transmitted. Governor of New South Wales forwarded to My Lords in your letter of the 4th Ultimo. I have, &c, C. E. TREVELYAN. [Enclosure No. 2.] COPY of a Report of the Commissioners of Customs, dated cifstomsby lst June, 1844. commissioners May it Please Your Lordships, % su^harge Your Lordships having referred to us the annexed letter against from Mr. Stephen, transmitting by desire of Lord Stanley a copy G- Cooper. of a Dispatch from the Governor of New South Wales reporting the difficulty of recovering from Mr. George Cooper (who recently held the situation of Collector of Customs in New Zealand), in consequence of his Insolvency, the sum of £145 Is. 7d. with which he had been surcharged in his capacity of Comptroller of the Cus­ toms at Sydney, We Report, That, under an Act of the Governor in Council of New South Wales passed on the 22nd August, 1834, and which came into opera­ tion on the 17th September following, the produce of all seizures made in that Colony for breaches of the Laws relating to Customs were directed to be divided between The Crown, the Colony and the seizing Officers in three equal proportions. That by a subsequent Act of the Governor and Council of New South Wales passed in August, 1839, and which repealed the Act of August, 1834, it was enacted that the proceeds of Seizures and Penalties should be divided into two equal parts, one moiety to be paid to the seizing Officer, and the other for the use of the Colony. It having however appeared that, upon an examination of the seizure accounts of Sydney by an Officer specially appointed for that purpose, that the Collector had, under a misconception of the Act of the Governor and Council of 1839, erroneously paid Mr. Cooper, the Comptroller, and Mr. Jeffrey, one of the Lauding Waiters, a moiety of the produce of certain seizures which had been made under the Provisions of the Act of the Governor and Council passed in August, 1834, in­ stead of one third as authorized by the said' recited Act, 1834, We surcharged the Collector with the amount, vizt., £348 Is. 3d.; and, by our order of 27th March, 1S41, we directed him to take the necessary steps in order that the same might be repaid to the Colo­ nial Treasurer, in consequence of which order it would appear that Mr. Jeffrey had repaid to the Collector a Moiety of the sum which had been overpaid by the former Officer, leaving the sum overpaid to Mr. Cooper still due to the Colony. Under these circumstances and as it is stated by the Governor of New South Wales in his annexed Dispatch to Her Majesty's Principal Secretary of State for the Colonies that Mr. Cooper is Insolvent, there would appear to be but little probability of the amount being recovered from him. We will, however, again direct the attention of the Collector at Sydney to the subject, and instruct him again to apply to Mr. Cooper for repayment of the amount; and we will at the same time direct our Collector at New Zealand where Mr. Cooper resides to call iupon whicn hihm thoe statis indebtee in whad t tmanneo the rColonia he proposel Treasures to liquidatr in Nee wth eSout sumh, 644 HISTORICAL RECORDS OF AUSTRALIA.

1844. Wales; and, in the event of his not making a satisfactory arrange­ 16 June. ment for the due discharge thereof, to adopt the necessary mea­ sures, in order, should there appear to be any monies due to Mr. Cooper upon afinal settlement of his accounts that the amount of the Surcharge may be stopped therefrom and remitted to the Collector of this Revenue at Sydney, New South Wales. We have, &c, R. B. DEAN. E. STEWAET. H. RICHMOND. H. LUSHINGTON.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 92, per ship Dublin.) 17 June. Sir, Downing Street, 17 June, 1844. Letter received I have received your Dispatch No. 197 of the 30th of No­ from R. Therry, vember last, enclosing a letter from Mr. , the Com­ missioner of the Court of Requests in New South Wales, on tbe subject of his Emolument. Salary The object of this application appears to be to have Mr. requested by R. Therry. " Therry's Salary fixed at Twelve hundred Pounds per annum, which he suggests may be done under the power given to Her Majesty by the concluding part of the 18 Sec. of the Act, 9 Geo. 4, Cap. 83. Inability to You observe that a further question presents itself, vizt., pay salary from statutory whether, if sofixed, th e Salary would be payable out of the sum appropriation. of Twenty Thousand Pounds secured for the Administration of Justice by Schedule A of the 5th and 6 Vict., Cap. 76, or whether it would be in addition to or independent of that Schedule. With regard to the application which Mr. Therry makes for the exercise in his favor of the power of assigning a Salary to the Judge of the Court of Requests, given to the Crown by the Act, 9 Geo. 4, Cap. 83, I have only to state that subsequent Acts have taken from the Crown all control over the Funds out ot which any such salary was payable when the Act of Geo. 4 was passed. The Schedule A referred to in the 5 and 6 Vict., Cap. 76, authorizes the application of Twenty Thousand Pounds to the "''Salaries of the Attorney and Solicitor General, Crown So­ licitors, and contingent and Miscellaneous Expenses of Adminis­ tration of Justiee throughout the Colony." It is suggested that under these words the Crown might order the payment of twelve hundred Pounds per annum to Mr. Therry as Commissioner of the Court of Requests. I cannot consider that an application of that kind wouldfoe proper. It appears to me that there is a plain distinction between actual salaries on the one hand and contingent and miscellaneous expenses on the other. I consider STANLEY TO GIPPS. 645

contingent expenses to be merely expenses incidental to and aris- 1844. ing out of some service, for which provision has been made; but which expenses it was either impossible to foresee at all, or to p^g^y0 foresee with such precision as to admit of their being included from statutory in the Estimates of such expenses. appropriation. The payment to Mr. Therry could not be made out of the Fund in question as a Salary, for it is only to the Attorney and So­ licitor General and to the Crown Solicitors that Salaries may be paid from that source. Neither could it be paid as a contingent and miscellaneous expense, for it is neither the one nor the other. Much as I may regret the loss and inconvenience to which Mr. Therry may be subjected from the decision of the Council, it appears to me that any attempt to interfere on his behalf would only serve to provoke the resentment of that Body and to pre­ judice his case instead of aiding it. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 93, per ship Dublin.) Sir, Downing Street, 18 June, 1844. is June. I transmit to you herewith a Copy of a letter, which 1 Letter have received from Mr. F. Dunbar, late Captain of the 39th Regi­ transmitted. ment, containing an application for employment in the Australian Colonies. You will remind Mr. Dunbar that his application should have been transmitted through you, and inform him that his applica- improbability tion for employment willfoe noted , but that I cannot hold out to fo/p.Vunbar. him much hope that it will be in my power to avail myself of his Services. I have, &c, [Enclosure.] STANLEY. CAPTAIN DUNBAR TO LORD STANLEY. My Lord, Melbourne, Port Phillip, 27th January, 1844. In the multiplicity of affairs in which Your Lordship is Application engaged, I cannot hope that the humble name of your present Corre-to' F . Dunbar spondent should hold a place in your memory; I have therefore mentmPl0y' taken the freedom of intimating my request to be put in nomina­ tion for an Appointment in the Colonies, and I trust your Lordship will take into favorable consideration the lamentable circumstances of my hard case, which were, in fact, laid before Your Lordship by Lords Beresford and Enniskillen in 1842. Since that period, a series of calamaties has brought me and my family to the deepest distress. Having early in 1842 sold my Commission as Captn. in the 36th Regiment, and having acquired by economical habits about £3,000, I sailed for this port in the September of that year having put on board the all the necessary Apparatus and Ma­ terial for the construction and working of a large Brewery, together with Stock of the most valuable description, Horse, Cow, Bull, Sheep, Pigs, Goat and Fowls of thefinest breeding . I also brought 646 HISTORICAL RECORDS OF AUSTRALIA.

1844. out and landed in this Colony at my own expense Seventeen Emi­ 18 June. grants including self and family; and, in a reasonable time after Application due enquiry as to whether such an enterprize as was contemplated by F. Dunbar was likely to succeed, I purchased ground and built a Brewery on for employ­ the Eastern Hill, Melbourne, on an extensive scale, entirely of Stone, ment. which was carted from about three miles distance, the Quarry being on the Merie Merie Creek. Before It was completed, Stock, Merchandize and all kinds of property had undergone a woeful depreciation, and all that I brought out failed to realize their or­ iginal cost price in London, and my whole amount of Capital was expended in the completion of the building. Not being a Practical Brewer myself, I brought with me a person qualified for that pur­ pose, who proving unfaithful I dismissed, and engaged a second, who, instead of brewing good Ales, Manufactured bad Vinegar, with which hefilled my Cellars destroying vast quantities of Malt and Hops, which I had Obtained on credit, and the result is that the whole of my property is seized for payment; and such is the wretched state of the market here that I cannot get any one to offer one fourth of its original cost, and there is nothing in view for my family but absolute ruin and starvation unless your Lordship will be graciously pleased to take my hard case into favorable con­ sideration. With the greatest respect. I have, &c, FREDK. DDNBAE, late Captn., 39th Regt.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 119, per ship Jane Goudie.) My Lord, Government House, 18th June, 1844. Report re I have had the honor to receive Your Lordship's Despatch W. Willmott. No. 189 of the 20th December, 1843, wherein I was desired to forward such information as could be obtained respecting William Willmott, formerly a Private in the 4th Foot; and I have in reply to inform Your Lordship that William Willmott is now serving as a Trooper in the Mounted Police of this Colony, and is sta­ tioned at Bathurst. William Willmott is reported by his Commandant to be "a good soldier, and doing well." I have, &c, GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 123, per ship Ocean Queen; acknowledged by lord Stanley, 30th June, 1845.) 23 June. My Lord, Government House, 23d June, 1844. Application by I have the honor herewith to forward a letter, which has M. Anderson been addressed to Your Lordship by Mr. Matthew Anderson, late for pension. a Colonial Surgeon on the Convict Establishment, requesting that, for certain reasons which are set forth in his letter, his case may be reconsidered, and a retiring Pension allowed to him. STANLEY TO GIPPS. 647

The case of Mr. Anderson was fully detailed in the Despatches 1844. . named in the Margin,* and a decision on it conveyed to me by Your Lordship's Despatch, No. 110 of the 21st May, 1842. The statement made by Mr. Anderson, that he does not at pre­ sent derive any emolument from private practice, is, I believe I may say, correct. In my Despatch of the 13th May, 1839, No. 81, I stated, " that, Proposed should Mr. Anderson's claims to a retiring allowance be admitted, M.1 Anderson. I am inclined to think that the ordinary half-pay of a Naval or of a Military 'Surgeon would be the Maximum, which he could reasonably expect"; and I now beg leave to repeat this sug­ gestion. I have, &c, [Enclosure.] GEO. GIPPS. [A copy of this letter is not available.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 94, per ship Dublin; acknowledged by Sir George Gipps, 18th January, 1845.) Sir, Downing Street, 24 June, 1844. 24 June. I have received your Dispatch, dated the 2d December, Despatch 1843, No. 200, forwarding Schedules of Appointments to Public acknowledsed- Offices, and of all payments of a special nature by the Deputy Commissary General in New' South Wales- for the quarters ending respectively the 30th of June and the 30th September, 1843. In the Schedule of Appointments, etc., for the quarter ending

- the 30th June, 1843, I observe a charge for Lodging allowance Query re to the Deputy Purveyor of the Forces. lodging This Expenditure does not appear to have been contemplated for j. Croft. when the transfer of the Wing of the Hospital Building to the use of the Sydney Dispensary was sanctioned. The necessity for providing quarters for this officer appears to have been overlooked by you in applying for the transfer of a part of the Hospital Buildings alluded to. You will, therefore,' ascertain and Report to me whether the Deputy Purveyor could not be provided with quarters in the retained part of the Building, without subjecting the Convict Funds to the extra charge for his Lodging allowances. With this exception, I do notfind an y ground of objection to the Schedules which you have transmitted to me. I have, &c, STANLEY.

* Marginal Note.—From the Governor: No. 115, 18th Nov., 1837; No 81 13th May, 1839; No. 141, 30th Sept., 1840; No. 193, 28th Sept., 1841. From the Secre­ tary of State: No. 177, 10th Augt., 1838; No. 7, 22d Jany., 1840; No 232 31st March, 1841; No. 110, 21st May, 1842. 648 HISTORICAL RECORDS OF AUSTRALIA.

1844. SIR GEORGE GIPPS TO LORD STANLEY. 24 June. (Despatch No. 124, per ship Ocean Queen.) My Lord, Government House, 24th June, 1844. Transmission I have the honor herewith to forward a Memorial, which of memorial has been addressed to Your Lordship by Mr. Stuart A. Donaldson, from S. A. Donaldson. a Merchant of Sydney, and Guardian to the Children of Mr. Edward Riley, who died a few years ago in this Colony. Land grants The Father* of Mr. Riley, and consequently the Grandfather promised to A. Riley. of these Children, received a promise of 5,000 acres of Land from Lord Bathurst in 1825, with a further promise of a like quantity of 5,000 acres, on fulfilment of certain conditions (of cultivation, etca.) in respect to the first 5,000; and he was put in possession of 10,000 acres on the River Murrumbidgee in the year 1831. According to the conditions, on which Mr. Riley received these promises from Lord Bathurst, the Lands were chargeable with Quit Rent of 2d. an acre; and, according to the universal custom of the Colony, the Quit Rent commenced from the time that the party came into possession, that is to say, in this case from the Request for year 1831; but Mr. Donaldson asks for a remission of nine years' remission of Quit Rent on the grounds, that the Land was not measured, nor quit rent. the Deed issued until 1840. I have not felt myself at liberty to comply with this request; and hence Mr. Donaldson's appeal to your Lordship. Reasons for As no Quit Rent has been paid on this Land, notwithstanding non-payment of quit rent. it is reckoned from 1831, it may be proper for me to explain that the land is situate at a distance of 300 miles from Sydney, being cne of the few parcels of land which have ever been granted be­ yond the Boundaries of Location, and that it is in fact in the Squatting District of Murrumbidgee; also that the death of Mr. Riley and the absence of Mr. Donaldson in England are further reasons why, since 1840, the payment has not been realized, though frequently claimed. It moreover could not have been claimed before 1840, because, though Quit Rents accrue from the date of possession, payment of them can only legally be enforced after the issue of the Deed. There is a further circumstance connected with this case which Mr. Donaldson has not stated, namely, that, though I in 1840 issued a Deed of Grant for thefirst 5,00 0 acres, I declined to Refusal of acknowledge Mr. Riley's claim to the second 5,000 acres, the claim for second conditions on which they could have been claimed under the land grant. promise of Lord Bathurst not having been fulfilled. In conclusion, I beg to refer to my Despatch of the 28th April last, No. 91, wherein I reported the additional difficulties which will henceforth stand in the way of the collection of arrears of Quit Rents in this Colony. I have, &c, GEO. GIPPS. * Note 67. GIPPS TO STANLEY.

[Enclosure.] 1844. 04. Tiinp THE Memorial of Stuart Alexander Donaldson, Executor to the —— ' 0 0 Estate of the late William Edward Riley, of Raby in New ^ ^a /dsori South Wales, and Guardian under the authority of the soliciting Supreme Court to his three Orphan Children (their Mother of quit rent. being also dead) humbly sheweth THAT the late Alexander Riley, the Father of the late William Edward Riley of Raby, imported into New South Wales in the year 1825 a valuable flock of pure Saxon and Merino Sheep. That, in consideration of this public benefit to the Colony, the Right Honorable Earl Bathurst, then Secretary of State for the Colonies, authorized the issue of a Grant of 5,000 Acres of Land with a reserve of another 5,000 Acres to the said Alexander Riley. That the selection made by said Alexander Riley's Agent was on the banks of the Murrumbidgee River at a place called Narran- gullen on the Northern Boundary of the Colony. That the said Grant and Reserve never were measured by the Colonial Surveyors, nor the Boundaries in any way defined until the year 1840, That a Grant of 5,000 Acres was issued in 1841; and that the Grant for the Reserve 5,000 Acres is not issued yet. That an arrear of Quit rent upon the 5,000 Acre Grant has now for thefirst time been claimed by the Collector of Quit rents for the Colonial Treasurer, amounting to Five Hundred Pounds (£500) ; and that, if the reserve Grant be issued, Memorialist is informed by . the Colonial Treasurer that another Arrear of £500 will be claimed upon it; That is to say at the rate of 2d. p. Acre for 10,000 Acres from lst January, 1S32, to 31st December, 1843, together One Thou­ sand Pounds! And a further annual Quit rent of 2d. p. Acre on 10,000 Acres or £83 6s. 8d. per Annum. That Memorialist never was in any way made aware of such an annual Quit rent being due to the Government; and that, coming at this particular period, the Estate or his Wards (who are Minors) have no means whatever of liquidating such a demand but by selling the land. That the whole 10,000 Acres, together with the Farming Estab­ lishment, fencing and improvements, put up by the late Proprietor, would not at this moment realize the amount of Arrear of Quit- rent claimed! That Memorialist is informed that His Excellency the Governor has not the Power to grant a remission of this claim. Therefore Memorialist humbly prays that, in consideration of the premises (but especially that the land was never measured nor its Boundaries defined in a deed of Grant until 1841), all Arrears of Quit rent until that year be remitted; and that an option be given to the representative of the late William E. Riley to purchase up or redeem the quit rent on such equitable terms as it may be the pleasure of the Right Honorable the Secretary of State to impose, Unless H.M. Government should determine to remit all claims for Quit rent in the meantime. STUART A. DONALDSON, Executor, etc, Sydney, New South Wales, 7 June, 1844. To the Right Honorable Lord Stanley, Her Majesty's Secretary of State for the Colonies, London. 650 HISTORICAL RECORDS OF AUSTRALIA.

SIR GEORGE1844. GIPPS TO LORD STANLEY. 25 June. (Despatch No. 125, per ship Ocean Queen; acknowledged by lord Stanley, 6th December, 1844.) My Lord, Government House, 25th June, 1844. Application by I have the honor to forward, herewith a Memorial, which M. M. Birnie has been addressed to Your Lordship by Mrs. Martha Matilda for secondary land grant. Birnie, praying on the part of her husband, who is bedridden, that she may be allowed to select 500 acres of Land promised to her husband as a secondary Grant in 1819, he having previously, in the year 1815, received a primary grant of 700 acres from the same Governor, General Macquarie. The statement of Mrs. Birnie is I believe correct; and the sole ground on whieh I did not feel authorized to comply with Mrs. Birnie's request, when preferred to me in Novr., 1843, was that, more than 24 years having elapsed between the date of General Macquarie's promise and the time when the fulfilment of it was asked of me, I considered the claim to be obsolete. I have, &c, [Enclosure.] GEO. GIPPS. [A copy of this memorial is not available.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 126, per ship Ocean Queen.) 26 June. My Lord, Government House, 26th June, 1844. Report trans- In continuation of my Despatches named in the Margin,* PorteEssington. respecting the Settlement at Port Essington, I have the honor to enclose a Copy of a letter from Captain McArthur to the Secretary of this Colony, received yesterday. I have, &c, GEO. GIPPS. [Enclosure.] [A copy of this letter will be found in a volume in series III.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 96, per ship Dublin.) 27 June. Sir, Downing Street, 27 June, 1844. Despatch I have to acknowledge the receipt of your Dispatch No. 217 acknowledged of the 29th December, 1843, reporting that you had on the previ­ re prorogation of council. ous day prorogued the Legislative Council of New South Wales, and enclosing a printed Copy of the Speech which you had addressed to the Members of the Council on that occasion. I have, &c, STANLEY. * Marginal note.—No. 125, llth Augt.. 1S43 ; No. 196, 29th Novr., 1843; No. 88, 25th April, 1844. GIPPS TO STANLEY. 651

SIR GEORGE GIPPS TO LORD STANLEY. 1844. (Despatch No. 129, per ship Ocean Queen; acknowledged by 29 June. lord Stanley, 30th November, 1844.) My Lord, Government House, 29th June, 1844. I have had the honor to receive Your Lordship's Despatch Despatch No. 192 of the 26th December, 1843, enclosing a copy of a letter addressed to Your Lordship by Lieut. Colonel Verner, M.P., and of the answer which was returned to the same by Your Lordship's direction, respecting the employment of Mr. W. Verner as Chief Commissioner of Insolvents at Port Phillip; and, in obedience to Your Lordship's directions, I have to report that Mr. Wm. Yw'vT"' Verner was appointed by Mr. Justice Willis to the Office of Chief Commissioner of Insolvents in or about the month of January, 1842, in virtue of the authority given to the Judges by the first clause of the Local Insolvent Act, 5th Vict., No. 17. In my Despatch No. 48 of the 9th March, 1842, the power thus Power of given to the Judges was remarked on; and, in reply, an opinion under was expressed by Your Lordship, in a Despatch No. 30 of the ms°iventaet. 27th February, 1843, that such appointments ought to be reserved to the Governor. In consequence of this opinion, a clause was introduced into the Insolvent Law amendment Act passed in December, 1843 (7th Vict., No. 19, sec. 1), changing the power of appointment; and, agreeably to this clause, I issued, on the C n ion 1st January, 1844, a Commission to Mr. Verner, the. Legislative j'™n ^ Council having previously provided a Salary for the Office of w. Verner. £400 a year. , I have greatly to apologise to Your Lordship for not having sooner reported this appointment, and solicited the confirmation of it. Whilst Mr. Verner held the Oflice under the appointment of the Resident Judge, he was paid by fees; and I have understood from Mr. La Trobe that his emoluments greatly exceeded £400 a year; but this was owing to the vast and unexpected number of Insolvencies which unhappily occurred in the years 1842 and 1843. In respect to the Insolvent Law amendment Act, 7th Vict., No. 19,1 beg to refer to my. Despatch No. 1 of the lst January, 1844. I have, &c, '- GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 130. per ship Ocean Queen; acknowledged by lord Stanley, 30th November, 1844.) My Lord, Government House, 29th June, 1844. With reference to my Despatch of this day's date, No. 129, wherein I have reported the appointment of Mr. Wm. Verner to 652 HISTORICAL RECORDS OF AUSTRALIA.

1844. be Chief Commissioner of Insolvents in the Port Phillip District, 29 June. I beg further to report that, at the same time, namely, the lst Appointment Jany., 1844, and under circumstances precisely similar, I ap­ of W. H. Kerr as chief pointed Mr. Wm. Henry Kerr to be Chief Commissioner of In­ commissioner solvents in Sydney, that gentleman having previously held the of insolvents. same situation under the appointment of the Judges. The Salary voted by the Legislative Council to Mr. Kerr is £600 a year, his previous emoluments when paid by fees being understood to have been much larger. Mr. Kerr is a Barrister. I have, &c, GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 131, per ship Ocean Queen; acknowledged by lord Stanley, 4th March, 1845.) 30 June. My Lord, Government House, 30th June, 1844. I have the honor to forward herewith a Copy of a letter from Lieut. Colonel Gordon, Commanding Boyal Engineer in New South Wales, enclosing one from Lieut. Hamilton of the Request for , and recommending that Lieut. Hamilton should "command ^ granted what in the Ordnance service is called a Command Yjav tor engineer officer pay of 5s. per diem, whilst employed at Norfolk Island; and as island. ° this allowance, if granted, must be paid out of Convict funds, I think it right to forward the application to Your Lordship. I will only add that, if an allowance of this nature be ever made (and I believe it sometimes is) to a Subaltern Officer of Engineers, I can scarcely imagine a Station where it may be more reasonably asked for than at Norfolk Island. I have, &c, GEO. GIPPS. [Enclosure.] [A copy of this letter is not available.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 97, per ship Sarah Scott.) 1 July. Sir, . Downing Street, lst July, 1844. Nomination The Agent and Consul General for the Hanse Towns of P. Dutton having transmitted to the Earl of Aberdeen a Commission ap­ as consul for Hamburgh. pointing Mr. Pelham Dutton, a Resident in Sydney, to be Consul at that place for Hamburgh, I have to request that you would report to me whether you are aware of any objection to the confirmation of that appointment. I have, &c, STANLEY. GIPPS TO STANLEY. 653

SIR GEORGE GIPPS TO LORD STANLEY. I?*4- 1 July. (Despatch No. 132, per ship Ocean Queen; acknowledged by lord Stanley, 30th June, 1845.) My Lord, Government House, lst July, 1844. I have the honor herewith to forward a copy of an applica- Application tion which has been addressed to me by Lady Forbes, Widow of by widow of Sir Francis Forbes, late Chief Justice of this Colony, requesting Sir F' Forbes- that, for the reasons therein set forth, she may be allowed a Pen­ sion out of the funds of this Colony; and I further transmit a Copy of a separate Paper, recommending the case of Lady Forbes Pension to the consideration of Her Majesty's Government, which has bymembers been signed by 21 Members of the Legislative Council, and to 0IC0Uncl1- which I have no doubt the signatures of nearly every other Mem­ ber of the Council could, if necessary, be obtained. Sir Francis Forbes held the Office of Chief Justice in this Services and Colony from the year 1823 to 1836, when, in consequence of ill sir F. Forbes. health brought on by excessive labour, he was forced to proceed on Leave of absence to England, and two years later to retire from the Bench on a Pension of £700 a year. He returned with his family to New South Wales in January, 1839, but enjoyed his Pension only a very short time, as he died on the 6th No­ vember, 1841, as reported by me in my Despatch, No. 217 of the 8th Novr., 1841. Lady Forbes and her two sons, aged respectively about 22 and Distress of 24 years, continued, after the death of Sir Francis, to reside in the Colony; but I greatly regret to state that they have, during the late period of pecuniary distress, lost everything they pos­ sessed; and Lady Forbes is, I am assured, at this moment in a state of destitution. By Schedule B of the Act for the Government of this Colony, statutory Sth and 6th Vict., Oh. 76, a sum of £3,000 a year is allowed for ^pensions™ Pensions, and the Pensions actually charged on this sum amount only to £1,550. Under these circumstances, I beg leave earnestly to recommend Pension the case of Lady Forbes to Your Lordship's consideration, and to for widow. request permission to allow her a pension chargeable on Sche­ dule B. Lady Forbes has mentioned no amount in her applica­ tion; but I would venture to suggest that it should be £200 a year, commencing on the lst July, 1844. j nave &c GEO. GIPPS, [Enclosures.] [Copies of these papers are not available.] 654 HISTORICAL RECORDS OF AUSTRALIA.

1844. LORD STANLEY TO SIR GEORGE GIPPS. 3 July. (Despatch No. 99, per ship Sarah Scott.) Sir, Downing Street, 3 July, 1844. Correspondence I transmit to you herewith Copies of a Correspondence transmitted. with the Governor of the Australian Agricultural Company, relative to the withdrawal of the Police Magistrate from the vicinity of the Company's Settlements in the District of Newcastle. I have, &c, [Enclosure No. 1.] STANLEY. MR. J. S. BROWNRIGG TO LORD STANLEY. Australian Agricultural Company, My Lord, 12 King's Arms Yard, 25th June, 1844. Protest against On the part of the Australian Agricultural Company, I beg withdrawal of police leave to submit for your Lordship's perusal the subjoined Extract magistrate at from a Letter from our Commissioner, Captn. P. P. King, dated Newcastle. 7th November, 1843, on the subject of the withdrawal of the Police Magistrate from the District of Newcastle, and from which serious evils are apprehended. In a subsequent Despatch, dated 9th January last, Captn. King observes that " Newcastle has a Gaol, a large Stockade of Con­ victs, The Company's very important Coal Establishment, The Head Quarters of a Regiment, and is a Sea Port, and is now without a single Magistrate (unless the late Police Magistrate continues to reside there for which he has no inducement), and no one residing in or near it, who is fit to be intrusted with the Commission of the Peace." The Directors trust that the interposition of Your Lordship's authority will remedy the extreme inconvenience complained of, and which, if suffered to continue, must lead to serious evils in various ways; indeed these have already begun to manifest them­ selves in other quarters, for Captn. King in the same Despatch re­ ports " That the Peel Districts are in a lawless state, and the quietness of the Country much disturbed," in consequence of there being no Magistrate there. A representation on this latter subject has been made to the Gov­ ernor by Captain King through the Colonial Secretary, but the Directors of the Australian Agricultural Company feel that the importance of the subject justifies their praying for the interference of your Lordship. I have, &c, J. S. BEOWNBIGG, Governor. [Sub-enclosure.] Reduction of police EXTEACT from Captn. King's Despatch, 86, dated Tth Xovr., 1843, magistrate addressed to the Court of Directors of Australian Agricultural due to vote Company. of council. " I KEGBET to inform you that the Legislative Council have refused to Vote any Salary for the police Magistrate at Newcastle. The Inhabitants have petitioned against being deprived of that protection, but I do not anticipate that it will be attended to. There are no resident Magistrates within twenty Miles, nor is there any resident fitted to be invested with the office. The Officer in charge of the Stockade, a Military Man, is a Magistrate, but his duties are confined to the Convicts under his charge; He has no interest in the Town either for its welfare or quiet, and will not interfere with any of the cases that must be of daily occurrence. As regards the conduct of the Servants of the Company both free and bond, I dread the conse­ quences. Disorder and decrease of discipline must ensue. The Government are quite alive to the necessity of the Appointment, but I do not think the Council will rescind the Vote." GIPPS TO STANLEY. 655 [Enclosure No. 2.] 1844. UNDER SECRETARY HOPE TO MR. J. S. BROWNRIGG. Sir, Downing Street, 2 July, 1844. I am directed by Lord Stanley to acknowledge the receipt of Your Letter of the 25th Ultimo, containing a representation1 on the part of the Australian Agricultural Company with regard to the withdrawal of the Police Magistrate from the District of New Castle in New South Wales. Lord Stanley directs me to acquaint you, in reply, that the reduc- Reduction tion of the office in question was the consequence of retrenchments ^g^trate made by the Local Legislature of New South Wales, over which due to vote his Lordship has no control. Lord Stanley will transmit a Copy of council. of your representation to Governor Sir George Gipps, but at the same time must leave that officer to exercise his own discretion as to how far it may be advisable to propose to the Council the re- establishment of that office. I am, &c, G. W. HOPE. SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 133, per ship Ocean Queen.) My Lord, Government House, 3 July, 1844. I have had the honor to receive Your Lordship's Despatch, Despatch No. 183 of the 14th December, 1843, wherein I was directed, aoknowledged' on the. application of the Lords of the Admiralty, to report the amount of Salary received by Lieut. George Airey, R.N., as Com­ missioner of Crown Lands at Port Phillip, and the date of his appointment. In reply, I have the honor to report that Lieut. Airey is not Appointment one of the Commissioners of Crown Lands beyond the boundaries, OFG? Airey*"31 3 who are Officers receiving fixed Salaries of from £365 to £500 per annum, but a Commissioner of Crown Lands within the Boundaries, who receive no regular Salaries, but are paid £1 per diem whenever they are employed. In many (indeed I may say in most) of the older parts of the Colony, the appointments are scarcely more than honorary, but for various reasons they are not so at Port Phillip; and I find from the Auditor General that the following sums have been paid to Mr. Airey since the 8th July, 1841, the day on which his Commission is dated:— 1841, £99, commencing on the lst July; 1842, £273; 1843, £322 5s.;—£694 5s. I may further remark that Lieut. Airey, in addition to his Allowance allowance of £1 per diem when employed, has, since the 1st March, or orage' 1843, received 2s. 6d. a day in lieu of forage; but this allowance amounting to £38 5s. is included in the sum of £322 5s. .returned as his whole emolument for 1843. I have, &c, GEO. GIPPS. 656 HISTORICAL RECORDS OP AUSTRALIA.

1844. LORD STANLEY TO SIR GEORGE GIPPS. 4 July. (Despatch No. 100, per ship Sarah Scott.) Sir, Downing Street, 4 July, 1844. Correspondence With reference to my Dispatch No. 81 of the 22nd of May, transmitted re requisition relating to a supply of Clothing, likely to be required for the for convict several Convict Establishments in New South Wales and at clothing. Norfolk Island for the year ending the 31st of March, 1846, I now transmit for your information and guidance the Copy of a further letter from the Board of Treasury enclosing the Copy of a communication, which has been addressed to that Board by desire of the Master General and Board of Ordnance, expressive of the views entertained by the Master General and Board re­ specting the arrangements to he observed in regard to the requisition in question. I have, &C, STANLEY, [Enclosure.] MR. J. YOUNG TO UNDER SECRETARY STEPHEN. Sir, Treasury Chambers, 27 June. 1844. Letter I am commanded by the Lords Commissioners of Her Ma­ transmitted. jesty's Treasury to transmit to you the enclosed copy of a Com­ munication from the Ordnance, dated the 10th Instant, relating to a Requisition for Clothing for the Convict Establishment at New South Wales for the year ending the 31st of March, 1846; and I nm to request that you will submit the same to Lord Stanley for his Lordship's information with further reference to your communi­ cation of the 4th Ultimo, and the reply thereto from this Depart­ Approval of ment on the 16 Ultimo on that subject. proposals. I am also to request that you will acquaint Lord Stanley that My Lords have signified their approval of the arrangements pro­ posed by the Master General and Board of Ordnance with respect to the Requisition for the year 1845/6, and of the Instructions conveyed to their Officers in N. S. Wales in regard to the Surplus quantities of Convict Clothing and Stores in that Colony. I have, &c, JOHN YOUNG. [Sub-enclosure.] MB. R. BYHAM TO SECRETARY TO THE TREASURY. Sir, Office of Ordnance, llth June, 1844. Modification With reference to your letter dated the 14th Ultimo, transmitting a Requisi­ of requisition tion for Clothing for the Convict Establishments at New South Wales for the year for convict ending the 31st March, 1846. clothing. I have the honor by the direction of the Board of Ordnance to observe, for the information of the Lords of the Treasury, that as it appears from the Marginal Remarks in the Requisition that a provision has been made in it for the Convicts at Norfolk Island for about 1,350 men, which Establishment, it is stated in your Letter above quoted, is to be transferred to the Government of Van Diemen's Land from the 29th September next, and consequently the articles included in the present demand may be greatly reduced, as the Clothing available for issue during the year 1846 already exceeds the quantities which will be required during that year, as will be seen by the numbers in the different Columns of the demand, and of course will do so "in a still greater degree, when the clothing of 1,350 men is altogether transferred to another Colony from September, 1844. Under these circumstances, the Board have given directions for the provision of 700 Blue Cloth Jackets, of which alone there appears to be a deficiency at Sydney. STANLEY TO GIPPS. 657

I am further to observe that, as the removal of so large a number of Convicts from 1844 I his Station will render it unnecessary to keep up in future the same reserve Stores, 4 juiy. as hitherto has been done, the Board have instructed their Officers in New South ' Wales to send to Van Diemen's Land all the articles of Clothing, whieh can be con- Instructions veniently spared from their Store, and which will be required to meet the increased for transfer demand, thus thrown upon the Store at the latter Station, by so great an addition of clothing (n the number of Convicts, who will be dependent upon it for all their supplies. to Tasmania. The estimated cost of the 700 Blue Jackets to be provided is £116. I have, &c., R. BYHAM.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 134, per ship Ocean Queen.) My Lord, Government House, 5th July, 1844. 5 July. The accompanying letter addressed to His Royal Highness Transmission Prince Albert (and a small Book of Poems) having been sent to bookfromit. my care by the Writer, it does not seem to me I should be justified Cunynghame. in refusing to forward them; and I consequently enclose them herewith. I have no personal knowledge of the writer (Mr. Robert Cunynghame), but understand he is a Shipwright by trade, and that he bears a respectable character. j navp &„

GEO. GIPPS. [Enclosure.] [A copy of this letter is not available.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 103, per ship Sarah Scott.) Sir, Downing Street, 7 July, 1844. 7 Juiy. I have to acknowledge the receipt of your Dispatch No. 205 Despatch

SER. I. VOL. XXIII—2 T 658 HISTORICAL RECORDS OE AUSTRALIA.

1844. May. These Emigrants have been almost exclusively chosen 7 July. from the Agricultural Districts, and have gone out with the intention of seeking Agricultural employment. Failure of Since the date of my Dispatch above cited, the Commissioners Smith and Co. at Liverpool. of Land and Emigration have apprized me of the failure of Messrs. Smith and Co. of Liverpool. It is to be presumed, there­ fore, that the Contract with that firm to send out Seven hundred and Fifty Emigrants will thus be determined. Outstanding The only remaining Contract is with Mr. Anderson of Glas­ contract for gow to the extent of 250 Emigrants, and there is a further num­ emigrants. ber amounting to about 163 Statute Adults, which may be sent by the terms of that Contract; hut it has been settled that they should not go until the latter part of the year, nor without fur­ ther communication between Mr. Anderson and the Commis­ sioners. Proposed The Reports from the two Committees contain various recom­ immigration mendations for encouraging the Immigration of Agricultural of agricultural labourers. Laborers, and providing additional means of employment for Mechanics, who have been thrown out of work by the general depression in Sydney; but, as no practical question arises upon them at present in this Country, it is unnecessary to offer upon them any lengthened remarks. I must observe, however, with Decline in regard to your anticipations respecting the average wages which average rate will hereafter be obtained by those who may come to the Colony of wages. as Shepherds, that the wishes generally entertained in the Colony for a diminution in the rate of wages for Agricultural Laborers would appear to have been accomplished. On the whole, it may fairly be expected that, in consequence of the Cheapness of all the necessaries of life, Emigrants will be nearly as well off as at the former high rate of Wages; and, as a demand still exists for agricultural laborers, it is to he hoped that the Emigrants, who were sent out from this country last year, will not be dis­ appointed either infinding employmen t or in the sufficiency of their wages. I have, &c, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 135, per ship Ocean Queen.) My Lord, Government House, 7th July, 1844. Departure of I have the honor to report to Your Lordship that Mr, W. W. Burton. Justice Burton, having been appointed to a seat on the Bench at Madras, left this Colony for that Presidency in the ship " Eques­ trian " on the 6th instant. I have as yet received no Despatch from Your Lordship on the subject of Mr. Burton's removal; but, perceiving by a letter GIPPS TO STANLEY. 659 from Lord Ripon to Mr. Burton, that his presence was urgently 1844. required at Madras, I did not oppose his departure. I am sorry, ' July' however, to say, that the Chief Justice has during the last ten niness of days been dangerously ill, and, as certified to me by his Medical slr x Dowlins- attendants, is not likely to be able to resume his duties during the next two months. Mr. Justice Stephen is consequently now the only Judge remaining at Sydney; and, if a successor to Mr. Burton do not very speedily arrive, I shall, I greatly fear, be obliged to appoint an acting or temporary Judge. I have, &c, GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 137, per ship Ocean Queen; acknowledged by lord Stanley, 6th December, 1844.) My Lord, Government House, 9th July, 1844. 9 juiy. In my Despatch, No. 113 of the 28th May last, I reported Session of the opening of the ordinary Session of the Legislative Council eouneil- for the year 1844, the Council has consequently now been sitting six weeks. Thefirst Bill passed was one to reduce the Salaries Bin to reduce sa lar of future Governors of the Colony from £5,000 to £4,000 a year; o y of this Bill is transmitted to Your Lordship with my Despatch of this day's date No. 138. Two or three other Bills have been passed, but they are quite of an unimportant nature, with the exception of one to improve the Law of Evidence, by adopting the recent Act of the Imperial Parliament, 6th and 7th Vict,, eh. 85. A Bill, which I myself introduced to admit the evidence of the Defeat of bin Aborigines, agreeably to the intentions expressed in Your Lord- e^derSe of ship's Despatch, No. 101 of the 6th July, 1843, and the Aet of aborigines. Parliament, 6th Vict., Ch. 22, was, I regret to say, thrown out on the second reading by a majority of 14 to 10. The principal business of the Session has, however, been the appointment of two Committees to enquire into Grievances. The first Committee was appointed on the 30th May last, to Select com- enquire into grievances connected with Land. It consists of mi*tee °n land seven Members, all of whom are Members of the Pastoral Asso­ ciation. The Evidence taken hy the Committee up to the 18th June last has been printed; and, from the nature of the questions put to the witnesses, it would seem to be the object of the Com- Assumed object mittee to lead to the following conclusions, namely:— fJ2by That the Lands Act of 1842 (5th and 6th Vict., Ch. 36) should be repealed; that a low minimum price should be established; that the Squatters should receive long Leases of the Lands they now occupy, with a right of preemption of all or any portion of 660 HISTORICAL RECORDS OF AUSTRALIA.

1844. them, at a price not exceeding 5s. an acre; that the entire man­ 9 July. agement and control of the Crown Lands should be vested in the Local Legislature. The Committee was appointed on the motion of Mr. Charles Cowper (one of the Members for the County of Cumberland) who acts as Chairman of it. Select The other Committee is one to enquire into all grievances not committee on general connected with Land; and it was appointed on the motion of grievances. Mr. Wentworth. Of the proceedings of this Committee, I have as yet no knowledge; but, in moving for it, Mr. Wentworth alluded to the undermentioned subjects as six of the principal grievances to be enquired into: 1. The Schedule appended to the Aet for the Government of the Colony, 5th and 6th Vict., Ch. 76. 2. The expenses of Police and Gaols being thrown upon the Colony. 3. The want °f " responsible Government " in the Colony. 4. The establishment of District Councils under the Act of Parliament, 5th and 6th Vict., Ch. 76. 5. The tenure upon which the Judges hold their Offices. 6. The defective state of the Law for enforcing claims against the Government. Difficulties At the commencement of the Session, some difficulties • arose re seats of members. respecting the seats of the Commander of the Forces and the Attorney General; but they were got over in the manner reported in my Despatch of this day's date, No. 139, Introduction The Bill alluded to in my opening speech, respecting District of district councils bill Councils, was presented by me on the 19th ultimo; but the con­ sideration of it has not yet been entered on. Of this Bill, I enclose a copy. An Address has been voted to Her Majesty, in consequence of my having declined to grant compensation to Police Magistrates for the loss of their Offices; but, on this suhject, I have also addressed Your Lordship in a Despatch of this day's date, No. 140. I am happy to say that up to the present time nothing per­ sonally of an unpleasant nature has occurred between the Council and myself. I have, &c, [Enclosure.] GEO. GIPPS.

District A BILL. councils bill. 8 Victoria, 1844. To make further provision respecting the Constitution, and to define and extend the powers of District Councils in the Colony of New South Wales. WHEREAS, by an Act of the Imperial Parliament, passed in the fifth and sixth year of the reign of Her present Majesty, intituled, "An Act for the Government of New South Wales and Van Diemen's GIPPS TO STANLEY. 661

Land," certain provisions were made for the local government of 1844. the different parts of the said Colony of New South Wales, and, in 8 July- pursuance of the same, His Excellency Sir George Gipps, as Gov­ ernor of the said Colony, hath issued several Letters Patent, under the Great Seal of said Colony, to form districts, and incorporate incorporated the inhabitants of each such district, and establish councils in the j^y"^^ same, for -the local government thereof respectively: Be it enacted, be sued> and by the Governor and Legislative Council of New South Wales, and purchase and by virtue of the authority conveyed to them by the said Act, That ^-aim1 the the said districts so incorporated shall be capable in law of suing JjmitTof their and being sued, and of purchasing and holding land and tenements districts. situate within the limits of such district for the use of inhabitants of the same, and of making and entering into such contracts and agreements as may be necessary for the exercise of its corporate functions, and that the powers aforesaid shall be exercised by, and through,, and in the name of the council of every such district. II. Provided always, and be it enacted, That it shall not be incorporated lawful for any district, so incorporated as aforesaid, to exercise districts to any other powers of a corporation except such «as are in said Letters [^powers Patent, or are hereinafter mentioned, or such as shall be expressly specially conferred by the Governor and Legislative Council of New South granted Wales, or such as shall be necessary for the due execution of the totnem- powers in said Letters Patent or herein granted. III. And whereas it is expedient to alter the qualification of 5 ana 6 Vict., Members who are or shall be elected members of such district c. 76, as regards councils: Be it enacted, That, from and after the passing of this repealed*10118 Act, so much of the said recited statute as relates to the qualifica­ tion of Members of the said district council shall, by virtue of the especial authority given by the said statute to the Governor and Council of New South Wales, be and the same is hereby repealed. IV. And be it enacted. That, from and after the passing of this persons Act, no person not a natural born subject of Her Majesty, and no disqualified. person not being of the full age of twenty-one years, and no person in holy orders, or being a minister of any religious sect or con­ gregation, nor any person accountable for the district revenues, nor any person receiving any pecuniary allowance from the district for his services, nor any person having directly or indirectly by himself or his partners any contract or any share or interest in any con­ tract with or on behalf of the district shall be qualified to be elected to, or to hold the office of councillor in any such district council, nor any person who shall not be seised or possessed of Qualification. real or personal estate within the Colony of New South Wales, or of a mixed estate partly real and partly personal to the amount of . either in his own right or that of his wife, or who has not been rated for the purposes of the district council, of which he shall be nominated or elected a member, upon property of the annual value of , for twelve months at least prior to the clay of his election or nomination. V. And be it enacted. That no person elected or nominated to be oath of a district councillor shall be capable of acting as such until he allegiance and shall have taken before the warden of the district, or before some declaration of C nce justice of the peace deputed by the warden to administer the 0( 0ffiCe same, the oath of allegiance to Her Majesty, Her Heirs and Suc­ cessors, and shall have made and subscribed the following declara­ tion:tha councilloe distric—" 1,tr AB ofn, myself having, an,bee ddno wil electeherebl duldyy declar(oanr dnominated faithfulle that Iy) tak fulfia ecouncillo lth the eoffic dutier efo sor f 662 HISTORICAL RECORDS OF AUSTRALIA.

1844. thereof according to the best of my judgment and ability; and &Juiy. (.tn. case of the party being qualified by estate), I do hereby declare that I am seised or possessed, either in my own right, or in that of my wife, of an estate real or personal, to the amount of , over and above what will satisfy my debts, and that I have not fraudulently or collusively obtained the same, in order to quality me for the office to which I have been elected or nominated." And every person, who shall have made and sub­ scribed such declaration, in respect of estate, shall once in every year, if required in writing so to do by any five electors of the dis­ trict, make and subscribe a declaration before the warden, and at Persons refus­ such time and place as the said warden may appoint, that he is ing to make declaration as qualified to the like amount in real or personal estate, or both as the case may then be. members and VI. And be it enacted, That, if any person, when duly called on pay a fine, except on by the warden to make such declaration, shall refuse or neglect to ^qualificatioproof of being n make i*> tne person so refusing or neglecting shall, after the expira- disqualified. to cease to be tion of fourteen days, reckoned from the day on which he is so called on, cease to be a member of the council, and shall be liable to pay the fine specified in said letters patent for such refusal, unless he make declaration before the warden that he does not possess the required qualification; and the said office shall thence­ How seats may become vacant. forward be deemed to be vacant, and shall befilled up by another election or nomination; and, if any person shall make declaration falsely, either that he does or does not possess the required quali­ fication, knowing at the time that such declaration is false, he shall and may be adjudged by any competent court to have been guilty of a misdemeanor, and be punished accordingly. VII. And be it enacted, That, if any member of any district coun­ cil shall for one entire year fail to give his attendance in the said council, without the permission of the Governor of the said Colony, signified by the said Governor to the warden of the district, or shall Proceedings before passing take any oath or make any declaration or acknowledgment of allegi­ of act not to ance, obedience, or adherence to any foreign prince or power, or be void on shall do, concur in, or adopt any act whereby he may become a account of councillors not subject or citizen of any foreign state or power, or shall become being qualified. insolvent, or make any assignment of his goods for the benefit of No proceedings after passing his creditors, or accept any letter of license from his creditors, or of act to become a public defaulter, or be attainted of treason, or be con­ be invalid on account of victed of felony or any infamous crime, or shall become non. compos councillors not mentis, his seat in such council shall thereby become vacant. being qualified VIII. And be it enacted and declared, That no proceedings of any district council shall be held to be vitiated or invalidated by reason only that a person, or any number of persons, not duly qualified by law, may have acted as a member of, and voted in such council prior to the passing of this Act. IX. And be it enacted, That at no time after the passing of this Act shall any proceedings of any district council be held to be makedeciarahavtiounlesquirene wherefusesd ttheon dyred» -mat oso y. vitiateceedingspersonmak refuselecte0fX suc.e ethdn sAndt o,councilstnooe accepor unlesdeclaratiod tinvalidateth bdulet s officyi, suc tsuc qualifiean enactedhednh offlce doshalhereinbefor persofb councilloyd l), reaso bonhavryThat shaolaren iw, personrrefuseeionl maiirerequirenyf y usancasetha shavd e yma ot osdro er an f yneglecte ttakewher neglecothyhav bpersoee ne sai mad tparbeean ddnt etodistrictnoy or takib makrequireperso nynumbe sucemember eans hnit d shalpror.d, dul ot,fo­s ly GIPPS TO STANLEY. 663 subscribe the abovementioned declaration, it shall and may be ma. lawful for the warden of such district, as often as such case shall 9 July- occur, to proceed, after clays' notice in this behalf to the electors qualified to vote, to be posted on the doors of the court house or court houses in the district, to another election of a fit and proper person to supply the place of the person who shall have so refused or neglected to accept office, or take and subscribe the said oaths; and the councillor, who may be elected at such new election, shall hold office until the time at which the person in whose place he may have been elected, would, according to the provisions in said letters patent contained, have gone out of office and no longer; Provided, however, that nothing herein contained shall be held to repeal or affect the provision in the several charters establishing district councils, by which it is provided, that, after the full number of councillors to be regularly elected, or in default thereof, no­ minated or appointed in every year, shall have been so elected or nominated, no new election or nomination of councillors shall be made by reason of such extraordinary vacancy, unless the number Proviso in of the whole council (warden included) remaining after such cause '' vacancy, shall be less thanfive, i n which case the number of coun­ cillors for the district shall be completed. XI. And be it enacted, That all complaints of the undue return Petitions of members to serve in any district council shall be addressed in J*|uSt the form of a petition to the warden and councillors of such dis- returns. trict; and that no petition shall be noticed, nor any proceedings had thereon, unless it shall be addressed to the said warden and councillors by a person who was a candidate at the election whereof it may be alleged that an undue return has been made, or by a number of persons, who either voted, or were qualified to have voted at the said election, amounting to not less than one-tenth of the whole number on the list of electors ; and no petition shall be noticed, which shall not be received by the warden within ten days from the day on which the result of the election may have been declared by the warden. XII. And be it enacted, That, within twenty-one days after any Proceedings such petition shall have been received by the warden, the petition "^""j^^ shall be referred by the warden to the council; and, in deciding on the merits of such petition, the council shall have power to regulate its own proceedings, and shall be guided by the principles of good faith and equity, and shall receive or reject at their dis­ cretion any evidence that may be tendered to them, and shall have power to compel the attendance of witnesses, and to examine them on oath; and, if the said council shall declare that any person was not duly elected who was returned as elected, the person so declared to have been not duly elected shall cease to be a member of the said council; and, if the said council shall declare that any person was duly elected shall be sworn a member of the said council, and take his seat accordingly; and if the said council shall declare any election to have been absolutely void, it shall be lawful for the warden to proceed to a new election. XIII. And be it enacted, That the decision of every district coun- Decision to be cil shall, in matters of disputed elections, be final and withoutfinal and appeal; and that their proceedings may be conducted in a summary proceedings summary. manner. J ceedinscswhosXIVe .w sea.Provided t may , behowever in dispute, an,d shalbe l ittak enactede part, iThan ant y nosuc personh pro-, Memberseatdisputtakproceedingses par maes tno y whosi tnb. e t oei n 664 HISTORICAL RECORDS OF AUSTRALIA.

1844. XV. And be it enacted. That, from and after the passing of this 9 July. Act, the warden, or in his absence, the chairman appointed to pre­ Warden not side at any meeting of such council, shall be entitled to vote on all to have questions, but such warden or chairman shall not be entitled to double vote. have a double vote on any question, anything in said letters patent to the contrary notwithstanding. Councillor becoming XVI. And be it enacted, That, if at any time a district councillor warden,scat shall accept the oflice of warden, either of his own, or of any other vacant. district, his office of district councillor shall thereby -become vacant, Meetings of in the same way as it would become vacant were he naturally dead. council to be XVII. And be it enacted, That the meetings of the council of open to public. each district respectively shall be open to the public, under regula­ tions to be made by such councils, and, except as hereinafter ex­ cepted, shall be held at some fixed place within each district, to be Minutes of provided and appropriated for the purpose. proceedings to be kept. XVIII. And be it enacted, That minutes of the proceedings of all the meetings of the said councils shall be drawn up and fairly entered in a book to be kept for that purpose by the clerks of the said councils respectively, and such minutes shall be signed by Books to the warden or temporary chairman who shall preside at the be open to meeting. inspection. XIX. And be it enacted, That all other books of each district council respectively, in whieh the bye-laws, rules, orders, regula­ tions, minutes or other proceedings are entered, shall be open to Certain power* transferred to inspection by any elector of the district, at all reasonable times, on district payment of a fee not exceeding one shilling. councils. XX. And whereas certain powers and authorities are now vested in justices of the peace by an Act of the Legislative Council, passed in the fourth year of the reign of His late Majesty King William IV, intituled, "An Act to repeal, an Act of the Governor and Coun­ cil of New South Wales, intituled, 'An Act to authorise the erec­ tion of pounds, and for regulating the impounding of cattle, and to make further and other provision in, lieu thereof' "; and also by another Act, passed in the fourth year of the reign of Her present Majesty, being an Act to amend the said Act herein­ before recited, and it is expedient that the same should be trans­ ferred to and vested in, and may be exercised by the district council of each district respectively, within the limits thereof, and that all duties required by the said recited Act or Acts to be per­ 4 Vict., No. 12, repealed in formed by the clerk of Petty Sessions, and all accounts and other regard to things required to be furnished to him, for the information of such reappointment justices, shall be henceforward performed by, and furnished to the of trustees. clerk of the district council of the locality. XXL Whereas, by an Act of the Governor and Legislative Coun­ cil, passed in the fourth year of the reign of Her present Majesty intituled, " An Act to provide for the making and repairing of parish roads in the Colony of New South Wales," certain provisions were made for the election and appointment of trustees for parish roads; and, whereas it is deemed expedient that the same should be re­ pealed for the purpose of allowing the district councils to act and be ex officio trustees within their respective districts in the place of trustees elected or to be elected in pursuance of said provisions: Be it enacted, That, from and after the day of next, so much of the said recited Act as relates to the election of trustees for parish roads shall be and is hereby repealed. GIPPS TO STANLEY. 665

XXII. And be it enacted, That, from and after the said 1844. day of , the district councils in their several districts shall be 9 July. ex officio trustees of all parish roads within their several districts District"- in as full and ample powers and authorities as.trustees, who have councillors to been, or might have been elected under and by virtue of the be ex officio aforesaid provisions of the said last recited Act, and the said pa^froads several district councils and their officers shall have the same powers and authorities and shall be liable to the same duties in respect to the parish roads within the limits of the respective dis­ tricts as are given to and imposed upon elected trustees by the same. XXIII. And be it enacted, That the district surveyor of each dis- Powers of dis­ trict shall have the same powers, authorities, and duties, in respect trict surveyors to parish roads, as the surveyor or surveyors appointed or to be appointed under and by virtue of said last recited Act. XXIV. And whereas it may be expedient, for the district councils Councils of of 'Sydney and Bourke, to hold their meetings within the limits of district of the City of Sydney and the Town of Melbourne respectively: Be it Bourke may enacted, That it shall and may be lawful for the council of the sit in city of district of Sydney to assemble for the business of the council within Sydney and the limits of the City of Sydney, and for the council for the dis- Melbourne trict of Bourke to assemble for the same purpose within the limits of the Town of Melbourne. XXV. And be it enacted, That each of the said district councils Assessments. shall assess all tenements and lands whatsoever within their re­ spective districts, whether cultivated or uncultivated, cleared or uncleared (crown lands excepted), according to the full and fair annual value of the same, or according to the profit to be derived Jrom, or the rent which would be given for them by a prudent and solvent tenant: Provided, however, that the annual value of the uncultivated waste, or uncleared land shall not be valued or as­ sessed at less than pence per acre per annum. XXVI. And be it enacted, That, on the assessments so made, Rates payable rates shall be levied by the district councils, and that such rates by occupiers. shall be raised on such assessments equally, or at such a number of pence in the pound as may be fixed from time to time by the said councils, or any of them, and such rates shall be paid by the occupiers or persons in possession (whether owners or tenants) of the lands so assessed, to the collectors to be appointed for that purpose by said councils respectively; and, if any such occupier shall neglect or refuse to pay to any such collector the money or rate due by him or her for the space of fourteen days next after the same shall have been demanded by such collector, either per­ sonally, or by a written notice, left at the last or usual place of abode of such occupier, if such place can be found within the district; but, if not, then by posting a notice of such demand on some conspicuous place on said lands so assessed; such money shall be levied and recovered from every such occupier, so neglecting or refusing to pay the same, by distress and sale of the goods and chattels, lands and tenements, of such occupier so in default by warrant, under the hand and seal of a justice of the peace, who, on proof upon the oath of such collector of such demand or notice and of such neglect or refusal, shall be and is hereby empowered and required to issue the same; and the surplus, if any, of the moneyto thes owneraiserd obfy thsuce hgood distress ansd anchattelsd sale, landshalls bane dpai tenementsd on deman, sdo 666 HISTORICAL RECORDS OF AUSTRALIA.

1844. distrained and sold, after deducting all costs, charges and expenses 9 July. attending or preparatory to such distress and sale, the same to be ascertained by such justice; and, in default of such distress, it shall be lawful for such justice to commit such defaulter to the nearest gaol or house of correction, there to remain without bail for any time not exceeding three calendar months, unless payment of such sum or sums of money, as shall have been found to be due and in arrear upon such assessment as aforesaid, together with all costs, charges, and expenses, to be ascertained by such justice, Recovery of shall be sooner paid. rates from absentees. XXVII. Provided always and be it enacted, That, if any owner or occupier of any land, situate within any such district, does not reside thereon, or in any place within the limits of such district, and in case there be not sufficient goods or chattels of such owner or occupier within the district to distrain upon, for the payment of any rates due and owing on such land, under and by virtue of this Act, or of any bye-law passed by such district council, it shall and may be lawful for the council for the district, in which such Rates to be land shall be situated, to sue such owner or occupier for the re­ levied on covery thereof in any court of competent civil jurisdiction in the sheep, &c. said Colony. XXVIII. And be it enacted, That it shall and may be lawful for each of said district councils to levy rates upon all sheep, cattle, Payment or recovery horses, and dogs within the limits of their respective districts, at of rates. such sum per head for each animal as may be fixed by a bye-law for that purpose to be passed by the council. XXIX. And be it enacted, That the last mentioned rates shall be paid by the agisters or other persons in possession of such sheep, cattle or horses, whether owners or not, and by the owners of dogs, to the collectors for that purpose to be appointed by said district councils; and if any such agister or other person in possession of such animals, or their owners, shall neglect or refuse to pay to any such collector the money so assessed on the aforesaid animals, for the space of fourteen days next after the same shall have been demanded by such collector either personally or by a written notice left at the last or usual place of abode of such agister or other person in possession of such animals, or the owners thereof, if such place can be found within the district; but, if not, then by posting a notice of such demand on some conspicuous place on the lands or place where such animals are kept, such money shall be levied and recovered by distress and sale of a sufficient number of the animals aforesaid themselves, so rated, by warrant under the hand and seal of a justice of the peace, who, on proof upon the oath of such collector of such demand and notice, and of sueh neglect or Powers of sur­ veyor-general refusal to pay, shall be and is hereby empowered to issue the same, and assistants and the surplus, if any, of the monies raised by such distress and under 4 Gul. 4, sale shall be paid on demand to the owners of such animals or the No. 11, conferred on person having them in possession, after deducting all costs and surveyors expenses attending or preparatory to such distress and sale, the appointed same to be ascertained by such Justice. by district XXX. And, whereas by a certain Act of the Legislative Council councils. of said Colony, passed in the fourth year of the reign of His late Majesty King William the Fourth, intituled, " An Act for making, altering and improving the roads throughout the Colony of Nru Southantownsd conferre thereofWales,d "andupo certain forthne opening powerssaid Surveyo, anddutie improvingrs anGenerad indemnitiel anthed histreetsss ar assistantse impose in thed; GIPPS TO STANLEY. 667 and whereas it is expedient that similar duties, powers and in- 1844. demnities should be extended to district surveyors, or to surveyors 9 July- acting under the directions of any district council: Be it enacted, . That all the duties, powers, or indemnities, which by the last recited Act were imposed or conferred upon the Surveyor General and his assistants, shall be and hereby are conferred on, and extended to district surveyors, or surveyors acting under the direction of any district council: Provided, however, that nothing herein contained shall be held in any way to impair or invalidate the powers and indemnities which by the said last recited Act were conferred on the Surveyor General and his assistants, when actually engaged in the execution of any public duty, or interfere in any way with the duties and powers of the Surveyor General in the laying out of roads throughout the Colony. XXXI. And whereas by an Act of the Governor and Legislative Tolls. Council of New South Wales, passed in the second year of the reign of His late Majesty King William the Fourth, intituled, " An Act for repealing so much of an Act, intituled, ' An Act to continue until further provision shall be made, certain ditties, tolls, rates, fees, and other sums of money imposed by tlie Governors of New South Wales, and for other purposes as relate to the levying of tolls in New South Wales, and for raising a fund towards making, re­ pairing and upholding public roads, bridges, and ferries, and for regulating the collection of tolls thereon,' " authority was conferred on the Governor of said Colony for the time being to appoint, by Proclamation under his hand, places at which tolls should be col­ lected upon certain lines of road, and to cause tolls to be collected at certain bridges and ferries; and to cause toll houses and ferry houses, gates, bars, chains, rails, and fences, to be built and set up, to prevent passengers, beasts, and carriages from passing without the payment of toll; and whereas, in pursuance of that authority, tolls have been established upon divers roads and bridges in parts of said Colony, and toll houses, ferry houses, gates, bars, chains, rails and fences have been built and set up for the purpose afore­ said; and whereas it is expedient that the property in the same, and the right to collect and cause such tolls to be collected, should henceforward be vested in the district council of the district in which they are situated; Be it enacted, That, from and after the day of next, the right, interest, and property of and in all tolls (save as hereinafter excepted), which have been established on any public road or bridge, and of and in all toll houses, ferry houses, gates, bars, chains, rails, and fences, built and set up, in pursuance of said last recited Act, shall be and are hereby vested in each district council for the district in which they may respectively be and are situate, and each such district council shall be, and is hereby authorised and empowered to apply and dispose of the same as they may think fit within their respective limits, and to bring or cause to be brought any action or actions or other civil proceeding, and to prefer and prosecute, or cause to be preferred and prosecuted, any informations, charges, or indict­ ments against any person or persons, who may evade or attempt to evade any provision or provisions of said last recited Act, or shall break or pull down, steal, take, carry away, spoil, destroy, damage, or in anywise injure any of the roads, bridges, fences, or belongingofficerother thingss in, th o,re odutiershal anlys ointerrupifn threspece conveniencett suctheretoh distric,s o ror i tnappurtenance thcouncile possessio, or san nthereunt ythereof of itos; 668 HISTORICAL RECORDS OF AUSTRALIA.

1844. in all which proceedings it shall be sufficient to state generally 9 July. any or all of said things to be the property of the district council of the particular locality. Power of XXXII. And be it enacted, That it shall and may be lawful for erecting toll houses, etc., the several district councils to exercise all the powers conferred transferred on the Governor of said Colony in respect to the establishment of to councils. tolls or ferries, or the levying or leasing thereof, and the erection of toll houses, ferry houses, gates, bars, chains, rails, and fences, upon any public road or bridge within their respective limits; Pro­ vided always that no such toll houses, turnpike gates, or bars, shall be erected within a less distance than five miles from the extreme boundary of every such district, and that no ferry shall be estab­ lished over any river or water, of which the opposite banks shall be in different districts, without special authority from the Governor Right to take toll declared. and Legislative Council. XXXIII. And be it enacted, That if shall and may be lawful for the said several councils, or any person or persons appointed or authorised by such councils as collector or collectors or lessees of the tolls to be taken by virtue of the said last recited Act, to demand and take every day the several and respective tolls mentioned therein (or any lesser tolls) at the several and respective toll gates and ferries, which have been, are, or shall be erected or established in pursuance of the same, or of this or any future Act of the Gov­ ernor and Legislative Council of said Colony, upon or across any public road, bridge, or ferry within their respective limits, and which tolls or sums of money shall be demanded and taken as aforesaid, before any passengers, horses, beasts or carriages (save as is excepted in said recited Act) shall be- permitted to pass through any toll gate or over any ferry, and the toll and sums of

How money money to be collected by virtue of and in the exercise of the powers taken by toll hereby conferred on the said district councils and their officers, is to be shall be, and the same are hereby vested in such district council of appropriated. the locality. XXXIV. And be it enacted, That all tolls and sums of money so to be levied and collected by said district councils, under and in Powers of pursuance of the provisions of said last recited Aet, and of this councillors limited to present Act, shall be paid over to the treasurer of the district for their respective the support of the roads, bridges or ferries in respect of which the districts. said tolls are taken, and for no other purpose. XXXV. And be it enacted, That it shall not be lawful for any district council by any bye-law to affect any property situate and being beyond the limits of the respective districts, nor any pro­ perty in transitu within their several districts, which shall belong bona fide to any person not residing in sueh district, or not owing Distress not unlawful for any arrears of rates, assessed on his or her property within such want of form. district: Provided however that nothing herein contained shall prevent the collector of such district from pursuing and seizing any property, clandestinely or fraudulently removed out of any district, for the purpose of evading a distress for any district rates. XXXVI. And be it enacted, That, when any distress shall be made for any sum or sums of money to he levied by any district council by virtue of this Act, or under and by the authority of any bye-law passed by such council, and in force, the distress itself shall not be deemed a trespasser or trespassers on account of shalany l defecthe tpart or ywan ort partie of fors distraininm in proceedingg be deemes relatind a gtrespasse thereto,r noorr GIPPS TO STANLEY. 669 trespassers ab initio on account of any subsequent irregularity on 1844. the part of the party or parties distraining; but the person or per- 9 July. sons aggrieved by such irregularity may recover full satisfaction for the special damage by action on the case. XXXVII. And be it enacted, That, in case any person or persons How persons shall resist or make forcible opposition to any person or persons are to be employed by any district council, in the execution of the powers SnFawfuily*0 vested in such council, or shall assault any surveyor or collector or resist. bailiff or their respective assistants, or shall make or attempt to make any rescue of goods or chattels distrained, or seized by the authority of any district council, every person, offending therein and being convicted thereof before any two justices in a summary- way by the oath of one or more credible witness or witnesses, shall for every such offence forfeit and pay any sum not exceeding twenty pounds nor less than forty shillings at the discretion ot such justices; and, in case the same shall not be paid, such justices are hereby empowered and required to commit such offender to any gaol or house of correction for any time not exceeding three calendar months or until the said forfeiture shall be sooner paid. XXXVIII. And be it enacted, That all fines and penalties, im- Recovery of posed by any bye-laws made by any district council, and with re- ftnesand gard to which no special provision is by this Act made, or by any pena le other Act or law already made, may be recovered with costs on the oath of at least one credible witness other than the prosecutor, by summary proceedings before any two justices of the peace sitting at petty sessions within the district in which such fine or penalty shall have been imposed, and may, if not forthwith paid, be levied by distress and sale of the goods and chattels of the offender, under warrant of such justices or one of them, and one moiety of such penalty shall belong to the informer or prosecutor and the other moiety to the district, unless the informer or prosecutor shall renounce his portion of such fine or penalty, in which case he shall become a competent witness, and the whole fine or penalty shall in such case belong to the district, and shall (as shall the moiety in the case first mentioned) be paid over to the treasurer of the district, and make part of the district funds. XXXIX. Provided always, and be it enacted. That no person Ratepayers shall be deemed incompetent to be a witness in any prosecution ^i™^'™4 or suit for the recovery of any such fine or penalty, or in any suit for the recovery of any sum of money payable to any district, by reason of such person being an inhabitant or rate payer of the district, or a member or officer of the district council, or in their employ, provided such person have no other and more immediate interest in the result of such suit or prosecution. XL. And whereas, by the several charters which have been issued Publication of by His Excellency the Governor, it is required that certain adver- advertisements. tisements be inserted in the New South Wales Government Gazette; and whereas the insertion of advertisements in the said Gazette may in some case be inconvenient: Be it enacted, That it shall and may be lawful for any district council, ,by a bye-law to be passed for that purpose, to cause such advertisement to be in­ serted in any other newspaper instead of the Government Gazette: Provided, however, that the annual accounts of the treasurer of each district shall always be published in the said Gazette as directed by the said charters. 670 HISTORICAL RECORDS OF AUSTRALIA.

1844. XLI. And be it enacted, That it shall be lawful for any district 9 July. council, by a bye-law to be passed for that purpose, to make such District additional provisions for the conduct of elections of district coun­ councils cillors, or as to such district council may seem necessary: Provided, may make however, that such additional provisions be not repugnant to this additional provisions Act, nor to any law in force within the Colony, nor to the charter for conduct under which such district council was established. of elections. XLII. And be it declared and enacted, That, if, in any bye-law Bye-laws already passed. already passed by any district council, any matter or thing shall be contained contrary to the enactments of this present Act, such matter or thing shall by the passing of this Act be held to be Limitations. repealed and shall thenceforward be null and of no effect. XLIII. And be it enacted, That nothing in this Act shall be con­ strued to repeal or affect any enactment or provision of any Act or law in force within the said Colony, or any power, right, authority, duty, obligation, or liability thereby conferred or imposed upon any officer, officers, person or persons, unless and so far only as such enactment or provision shall be inconsistent with or repugnant to the express enactments or provisions of this Act, or the attainment of the objects and purposes thereof, according to its true intent and meaning. SIR GEORGE GIPPS TO LORD STAXLEY. (Despatch No. 13S. per ship Ocean Queen; acknowledged by lord Stanley, 24th November, 1S44.) My Lord, Government House, 9th July, 1811. Bill for reduc­ I have the honor to forward herewith a Bill, passed on tion of salary the llth Ultimo by the Legislative Council of this Colony, fixing of governor. the Salary of any future Governor of this Colony at the sum of £4,000 per annum in lieu of £5,000, at which latter sum it is fixed by Schedule A, appended to the Act for the Government of Xew South Wales, 5th and 6th Vict., Ch. 76. This Bill has been passed in virtue of the powers given to the Council by the 31st and 38th clauses of the said Act of Parlia­ ment; and is reserved for Her ^Majesty's Pleasure in consequence of the express enactment contained in the first mentioned of these clauses. In forwarding this Bill to Your Lordship, I think it right to abstain from making any comment on it, though I feel it my duty to inform Tour Lordship that the advantages, hitherto Refusal of enjoyed by the Governor of New South Wales, were reduced vote for during the Session of 1843, by the refusal of the Council to vote maintenance of domain at any sum for the maintenance of the Government Domain at Parramatta. Parramatta, for which provision was made in each of the pre­ ceding years since the establishment of the former Legislative Council, at the average rate of about £700 per annum. To the discontinuance of this allowance, I did not in any way oppose myself. I have, &c, GEO. GIPPS. GIPPS TO STANLEY. 671

SIR GEORGE GIPPS TO LORD STANLEY. IS44. (Despatch No. 139, per ship Ocean Queen; acknowledged by 9 July- lord .Stanley, 8th January, 1845.) My Lord, Government House, 9th July, 1844. Some occurrences took place at the commencement of the Report re seats present Session of the Legislative Council, in respect to the seats °ffo™S and* of the Commander of the Forces and the Attorney General, which, attorney- though they have been satisfactorily adjusted, I think I ought council. to report to Your Lordship. Having felt during the last Session the want of the Solicitor Desire to General's assistance in the Council, my desire that he should solicitor. obtain a seat in it became generally known; and, in consequence, senerai- the Commander of the Forces (Lieut. General Sir Maurice Resignation O'Connell) proposed to me that I should accept his resignation, O'Connell. and appoint the Solicitor General in his place; accordingly, his resignation was formally tendered to me; but, when the Commis- inability sion of the Solicitor General came to be prepared, it was dis- solictor"' covered that Sir Maurice O'Connell, having been appointed as e^ral as the holder of an Office, and not by name, no one but a person holding the same Office could, according to the 19th Clause of the 5th and 6th Vict, ch. 76, succeed him; and it was further discovered that the appointment of the Attorney General, made in August, 1843, was void, as he had been appointed to succeed the Colonial Engineer, and the provision alluded to in the 19th clause, I regret to say, altogether overlooked, when his appoint­ ment was made. It was consequently clear that I could not get the Solicitor General into the Council in the way proposed; and it became a question whether even the Commander of the Forces could recall his resignation. This question I referred to the Council itself, under the 18th clause of the Act; and, the Council deciding that Seat resumed he might recall his resignation, Sir Maurice O'Connell resumed o^co^'i his seat. I enclose a Copy (printed) of the Message which I sent to the Council on this occasion, and a Copy of the Resolution passed by the Council on the receipt of it. The Attorney General, however, remained out of the Council, from its meeting on the 28th May until after the arrival of Your Lordship's Despatch of the 4th January, 1844, No. 1, with which 1 received (on the llth June) the confirmation, under the Sign Manual, of the Attorney General's appointment. I thereupon sent another message to the Council, founded equally as the prior message on the 18th Clause of the Act of Parliament; and, Reappointment the Council having declared that I had power to re-appoint the of attorney- Attorney General, I accordingly reappointed him; and thus all 672 HISTORICAL RECORDS OF AUSTRALIA.

1844. difficulties arising out of our original oversight were remedied, 9 July. though we are still without the assistance of the Solicitor General in the Council. I enclose also a Copy of my Message to the Council in the case of the Attorney General, and a Copy of the Resolution passed by the Council. Cause of I have only in conclusion to add that the whole matter arose difficulty. out of a blunder on the part of the Government, and that in my opinion the Act of Parliament is not in fault. I have, &c, GEO. GIPPS. [Enclosures.] [Copies of these papers were printed in the " Votes and Pro­ ceedings " of the legislative council.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 140, per ship Ocean Queen; acknowledged by lord Stanley, Sth December, 1844.) My Lord, Government House, 9th July, 1844. Address from I have herewith the honor to forward to Your Lordship an council Address to the Queen, which was adopted by the Legislative requesting compensation Council on the 21st Ultimo. for reduced Your Lordship will perceive that this Address is an Appeal police magistrates. to Her Majesty against the decision, under which I declined, to­ wards the end of the Session of 1843, to grant a year's Salary to each of the seventeen Police Magistrates, who were removed from Office between the lst January, 1842, and the 31st December, 1843. I fully reported on this subject in my Despatch to Your Lord­ ship, No. 219 of the 31st Deer., 1843; and, in referring to that Despatch, I beg leave to repeat that it was the sudden removal from Office of eleven Police Magistrates at the end of 1843, which alone gave rise to the question of compensation; or perhaps it might be more correct to say that the proposal to grant a year's Salary to each Officer, removed from Office during the preceding two years, was brought forward to diminish the unpopularity which the measure itself, of dismissing so many public Officers, had created. In the Paper which formed enclosure No. 5 to my Despatch above mentioned, I shewed that, by dismissing eleven Police Magistrates and extending compensation to seventeen, the mea­ Cost of sure of their removal, instead of being one of economy, would, if compensation. compensation had been allowed, have cost the Government £2,850; in other words the case may be stated thus: if, instead of re­ moving eleven Police Magistrates at once, five had been removed GIPPS TO STANLEY. 673 on the lst January, 1844, and six more on the lst January, 1844. 1845, the question of compensation would not have been raised; _!U' and the Government would have had to pay six Police Magis- Effect of delay , ... r." . in reductions. trates for one year, receiving the services ot the six for the year, instead of paying for one year the salaries of seventeen Police Magistrates, and receiving from them no services whatsoever. The measure of dismissing eleven Police Magistrates and giving compensation to seventeen was in fact one, which went to weaken the Government, and impoverish it at the same time; and conse­ quently I thought it my duty to oppose it especially at a period when I had to contend against great pecuniary difficulties. I further deem it my duty to state to Your Lordship that, if Effect of on this appeal to Her Majesty my decision be overruled, I cannot fppeaifor but apprehend it will be difficult for me or any future Governor compensation. of New South Wales to uphold that most important provision of the 5th and 6th Vict., ch. 76, which enacts (s. 34) that the Coun­ cil shall not make provision for any service, which has not been recommended to them by the Governor; nor do I think I ought to conceal from Your Lordship that, should Your Lordship be forced to overrule my decision in this matter, my authority would be thereby so materially weakened that it would be for the advantage of Her Majesty's service that the Government of the Colony should be placed in other hands. I have, &c., GEO. GIPPS. [Enclosure.] [A copy of this address was printed in the " Votes and Proceed­ ings " of the legislative council.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 104, per ship Sarah Scott.) Sir, Downing Street, 10 July, 1844. io July. I have received your Dispatch No. 26 of the 27th January inability- m last accompanied by a Memorial addressed to me by Dr. p j Tlerney. D. J. Tierney, who solicits employment in the public Service in New South Wales, and I have to request you would inform that Gentleman that I regret my inability to comply with his request. I have, &c, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 142, per ship Ganges.) My Lord, Government House, llth July, 1844. n July. In compliance with the enactments of the Imperial Statute, 9th Geo. IV, ch. 83, S. 16, and of the Local Act of this Colony, SER. I. VOL. XXIII—2 U 674 HISTORICAL RECORDS OF AUSTRALIA.

1844. 4th Vict., No. 22, I have the honor to forward herewith, for the 11 July- Gracious allowance of Her Majesty, Rules made by the Judges of Submission of the Supreme Court of New South Wales. rules of court. I beg at the same time to add that, though I have not as yet been able to carry into full effect the suggestions contained in Your Lordship's despatch, No. 188 of the 19th December, 1843, I shall cause all these Rules of Court to be laid on the Table of the Legislative Council. I have, &c, GEO. GIPPS. [Enclosure.] [These rules were printed in the " Governfnent Gazette."]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 143, per ship Ganges.) 12 July. My Lord, Government House, 12th July, 1844. Submission I have the honor to forward herewith Copies of Rules of rules of (with an explanatory letter from Mr. Justice Stephen attached), court re fees. lately issued by the Judges of the Supreme Court of this Colony, establishing new Tables of Fees to be taken in the transaction of business in all the branches of its jurisdiction. Power of I beg to refer to the various Despatches, noted in the margin,* judges to to shew that the power of the Judges to issue Rules of Court is make rules. controlled only by Her Majesty. I by no means intend to in­ sinuate that the Judges have in the present instances made an indiscreet exercise of their power; nor can I as yet say how the alteration in the Tariff of Fees will act upon the public Revenue; but, as all the Officers of the Supreme Court receive Salaries in lieu of Fees, the fees being carried to the puhlic accounts, it is evident that the power of altering them by a simple rule of Court is one of considerable importance. Return of fees The Fees taken in the Supreme Court in each of the seven transmitted. years ending the 31st December, 1843, are shewn in the Return below. In conformity with the intentions expressed in my Despatch of the llth instant,'No. 142, I shall cause this Rule of Court to be laid on the Table of the Legislative Council. I have, &c, GEO. GIPPS. [Enclosures.] [Copies of these papers will be found in a volume in series IV.]

* Marginal note.—Xos. 108, 109, 9th Jul}', 1843 ; No. 150, 21st Septr., 1843 ; No. 166, 13th Oetr., 1843; No. 181, 6th Novr., 1843; No. 83, 14th April, 1844; No. 109, 20th May, 1844 ; No. 142, llth July, 1844. STANLEY TO GIPPS. 675

[Enclosure.] 1844. 12 July. RETURN of the gross amount of all Fees received in the Supreme Return of fees Court of New South Wales in each of the seven years, com­ taken in mencing with 1837, and ending with 1843. supreme court.

Years. Sydney. Port Phillip. £ s. d. £ s. d. 1837 3,867 17 6 1838 5,520 17 7i 1839 ... 5,281 17 6 1840 7,550 15 11 1841 17,060 10 1 2,683 15 1 1842 14,460 15 7 4,889 19 10 1843 11,825 9 9 2,642 18 8

SIR GEORGK GIPPS TO LORD STANLEY. (Despatch No. 144, per ship Ganges.) My Lord, Government House, 13th July, 1844. is July. In my Despatch of the Tth April last, No. 78, I reported withdrawal that, under the circumstances therein stated, I had granted Leave fe i^fot of Absence to Capt. Perry, the Deputy Surveyor General of this absence for Colony; but, as Capt. Perry has since intimated to me his in­ ability to avail himself of the indulgence he had solicited, I have to request that my Despatch above mentioned may be considered as cancelled. I have, &c, GEO. GIPPS.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 106, per ship Sarah Scott.) Sir, Downing Street, 15 July, 1844. is July. I have received your dispatch No. 25 of the 25th of Janu- Petition ary last, enclosing a Petition which has been addressed to the against3 Queen by 1,515 persons resident in the District of Port Phillip, ""wvaiof complaining of the removal of Mr. Willis from the Office of Resident Judge, and praying that Her Majesty may be pleased to order an enquiry into the circumstances attending his removal. I have laid that Memorial before the Queen, who was pleased to receive it very graciously. You will further acquaint the Peti­ tioners that Her Majesty has been pleased, on the appeal of Mr. Willis, to refer the case to the Judicial Committee of the Privy Council. I have, &c., STANLEY. 676 HISTORICAL RECORDS OP AUSTRALIA.

1844. SIR GEORGE GIPPS TO LORD STANLEY. 16 July. (Despatch No. 147, per ship Ganges.) My Lord, Government House, 16th July, 1844. Letter from In obedience to the directions communicated to me in W. Carter. Your Lordship's Despatch, No. 171 of the 16th November, 1843, I called on Mr. Carter for a copy of the letter, which he was supposed to have addressed to Lord Sandon, respecting the pay­ ment of his salary as Registrar of this Colony; on which subject Lord Sandon had made a representation to Your Lordship, and I forward a copy of a letter which I have received from Mr. Carter in reply. Settlement The Despatches, dated and numbered as in the Margin,* will of case of shew the whole of Mr. Carter's case, and that it has been settled W. Carter. by Your Lordship in a manner which is, I believe, and certainly ought to be satisfactory to Mr. Carter. I have, &c, GEO. GIPPS. [ Enclosure. 1 MR. W. CARTER TO COLONIAL SECRETARY THOMSON. Sir, Registrar General's Office, Sydney, 6th May, 1844. I have had the honor to receive your letter of the 3rd Inst. requesting me to furnish His Excellency the Governor with a Copy of my communication to Viscount Sandon, dated 5th June, J 843, relative to the payment of my Salary as Registrar of the Explanation by W. Carter Colony. I never had the honor to make any communication to re letter in Viscount Sandon. In the month of June, 1843, I took the liberty possession of of writing to Lord Stanley on the subject of my Salary as Regis­ viscount trar ; that letter I sent open to His Excellency the Governor for Sandon. his perusal, with a request that His Excellency would do me the honor to forward it to Lord Stanley. A Copy of this letter, and copies of the letters which accompanied it, I sent to my Brother, Mr. John Carter, of Liverpool, and re­ quested him to forward copies of them to the four Members for the County of Chester, who had most kindly interested themselves in my favor. I did not take the liberty of writing to Viscount Sandon, as I was not even personally known to his Lordship; but Viscount Sandon is one of the Members for the Town of Liverpool, of which my Brother is a freeman, and in that way, I presume, known to him, and my brother, from a wish to forward my interest, sent a Copy of my letter to Viscount Sandon. I received a letter about a month ago from my brother, dated Liverpool, 27th Octr., 1843, and which Letter contains a Postscript in the following words:— " 2nd Novr., I have this day received your letter of the 6th June with its enclosures, and have the documents therein contained, as you direct; and have also sent a copy of each to Viscount Sandon." The documents, referred to, are the papers I had the honor to forwar* Marginald to note. His—Sir Excellenc Geo. Gippsy th, Noe .Governo 93, 17thr June to ,b e1843 transmitte. Lord Stanley'd tos Lorreplyd, NoStanley. 3, 5t,h Jany.the ,Secretar 1844. y of State for the Colonies; those documents consist of my letter to Lord Stanley, and copies of letters received STANLEY TO GIPPS. 677 by ine from His Excellency the Governor, or from the Colonial " 1844. Secretary, and of Copies of letters written by me to His Excellency 16 -Tu'y- the Governor, or the Colonial Secretary on that subject. My letter to my brother was sent by the first vessel that left Sydney after my papers had been sent to His Excellency the Gov­ ernor, prior, I suppose, to His Excellency's Despatch forwarding ray papers, which will account for Lord Stanley having a Copy through Viscount Sandon. I have, &c, WILLM. CABTEE. LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 107, per ship Sarah Scott.) Sir, Downing Street, 17th July, 1844. " -™y- I transmit to you herewith a copy of a letter from Mr. Claim by R.c. James Smith, Secretary to the Roman Catholic Institute, with attend native copies of a correspondence between the Colonial Secretary to your ^"katoo** Government and the Revd. Dr. Polding, on the subject of the island. right claimed on the part of the Roman Catholic Clergymen to visit and instruct the Native Convicts confined in the Establish^ ment at Cockatoo Island. I also transmit for your information a copy of the reply, which has been returned, by my Direction, to Mr. Smith's letter, and I have to request to receive any observa­ tions which you may have to make on the subject. I have, &c, [Enclosure No. 1.] STANLEY. MR. J. SMITH TO LORD STANLEY. Catholic Institute, My Lord, 14 Soho Square, 11 July, 1844. By direction of the Committee of the Catholic Institute, I Correspondence have the honor of transmitting to Your Lordship copy of certain transmitted. Letters of Correspondence between the Most Reverend Dr. Polding, Archbishop of Sydney and Vicar Apostolic of New South Wales, and the Secretary of that Colony, which letters were sent to me by His Grace, in order that the Catholic Institute might bring the griev­ ance complained of under the notice of Government with the view of obtaining redress. I am directed to request Your Lordship's particular attention to the reason assigned by His Excellency the Governor for his interference, as stated in Mr. Thomson's letter No. 2 of the Correspondence. I have, &c, JAS. SMITH, Secretary. [Sub-enclosure.] COPY Correspondence between The Most Reverend Dr. Polding, Archbishop of Sydney, V.A., and E. Deas Thomson, Esquire, Colonial Secretary. No. i. sir> Sydney, 28th Deer., 1843. May I request you will have the kindness to mention to his Excellency my Protest re apprehension that an incorrect Statement must have been laid before him, otherwise interference an interference on- the part of the Civil authority would not have been sanctioned with R.C. in the case of the instruction of the Blacks confined on Cockatoo Island. These men clergy at were under the instruction of Mr. Young; by him one was presented for Baptism to Cockatoo island. 678 HISTORICAL RECORDS OF AUSTRALIA.

1844. me. I thought it preferable to defer until he was better instructed when he might 17 July. receive that sacred rite with the others. Of their own accord and unsolicited, they came to Mr. Young for Instruction; by him, they were attended many weeks; I Protest re know not on whose application these poor men were required, and compelled no interference longer to attend Mr. Young but to attend Mr. Steele. I do most respectfully protest with R.C. against any civil interference. clergy at The untutored Savage is to be allowed the privilege which is not given by man.; Cockatoo and, though it may be said he cannot judge for himself, this will not justify the island. interference I complain of. As regards the Individual presented to me for Baptism, he is already a Catechumen of the Church, and as such it is my duty to request that he may be considered. I beg to assure His Excellency that this expostulation on my part proceeds from no Sectarian feeling, but simply from a desire to prevent interference on the part of the Civil authority in things sacred, which His Excellency rightly informed would J. FOLDING. be the first to condemn. No. 2. I have, ke., Most Reverend Sir, Colonial Secretary's Office, Sydney, 5th January, 1844, Refusal to I have had the honor to receive and to submit to the Governor your Letter of reverse the 29th Ultimo, on the subject of the religious instruction of the native Blacks con­ instructions re fined on Cockatoo Island; and, in reply, I am directed by His Excellency to state native blacks to you that he regrets that he can see no cause to alter the directions which he at Cockatoo gave when the case of these Aboriginal Natives wasfirst brough t before him. island. These unhappy men are suffering imprisonment or commutation of sentences of death, passed on them for the crime of murder. They are, or at least were, when sent to Cockatoo Island, untutored savages and Heathens; and, not being Catholics, the Reverend Dr. Young should not have undertaken the spiritual charge of them without the permission of the Government. It was with regret that His Excellency felt himself called upon to decide on the claims of the Clergymen, Protestant and Catholic, who visit Cockatoo Island, to the Spiritual charge of these Heathens; but, when so called on, he could have no difficulty in deciding that, being Her Ma­ jesty's Subjects and under custody of the Civil power, they ought to be instructed in the Religion of Her Majesty, which is also the Religion of the Empire. I have, ke., Protest against JT o E. DEAS THOMSON. Sir, Sydney, 12th January, 1844. intervention I have the honor to acknowledge your Letter of the 5th Instant, in which of civil power you communicate to me the decision of His Excellency respecting the case of the in religious Natives now confined in Cockatoo Island, by whieh they have been and are required sphere. to attend the instructions of the Revd. Dr. Steele after having been, one for 3 months and the others for some weeks, under the spiritual care of the Revd. Mr. Young. With grief, I have received this decision, and my grief has not been lessened by the consideration of the reasons under the influence of which it appears His Excellency has given it. In this decision, it is my duty to state my conviction that His Excellency has exceeded the bounds of the Civil authority. Authority to such an extent cannot be recognized in any temporal power whatsoever on earth. In this assertion, I am borne out by every jurist. Their Sentiments may be found condensed in the Letter of the celebrated Locke on the subject of " Toleration." For the civil authority is instituted for the procuring, persevering, etc., advancing civil interests such as life, health, etc., and the possession of outward things such as money, land, and the like. Now that the whole jurisdiction of the Civil power reaches only to these Civil Concernments, that it neither can nor ought to be extended to the Salvation of Souls in an authoritative way is abundantly demonstrated. lst. Because the care of Souls in this sense is not committed to the Civil power, to the Magistrate or Governor, more than to any other man. It is not committed by God, for neither does reason nor revelation, the means by which the Divine Will is manifested to us, give any such authority to one man over another as to justify compulsory means in the matter of religion. Nor again can any such authority be vested in the Magistrate by the consent of the people, for amongst them there is not an uniformity of faith; but principally because the care of the Soul is each man's own proper concern; nor can he so far abandon that care as blindly to leave it to the choice of another to prescribe to him what faith or form of worship he Khali embrace. In the second place the care of Souls, in an authoritative sense, cannot belong to the Civil Magistrate because his power is exercised by outward means over outward things. The Body of the subject is under his controul, but the Soul is essentially free; nor can we imagine any circumstances of person, of place, or of condition wherein that freedom of the Soul, which God himself respects, beqomes forfeited. These are general principles which cannot be controverted. The circumstances of the "Men being Heathens" and "Her Majesty's Subjects," and "Under the custody STANLEY TO GIPPS. 679

of the Civil power," and of now suffering under commutation of sentence of death, 1844. will not alter their truth nor justify the interference which has taken place. Con­ 17 July. demned to Death, their sentence was humanely commuted. This is a change regarding the body, a change perfectly within the jurisdiction of the Civil power; but no Protest against right has been thereby obtained over the Soul. No surrender has been made of its intervention privileges. It were monstrous to suppose so. If the reasons alleged justify the of civil power decision in the case of these men, it will follow that all prisoners, White or Black, in religious become the property of the State, Body and Soul; and, with equal right, claims sphere. may envelope the one and a form of faith be- imposed on the other. It will follow, for the circumstance of being a prisoner is merely accidental as regards the point at issue, that all subject to the Civil authority are bound to take their creed from the Civil Authority; it will follow that the persecutions, which the ambitious or the usurping have inflicted on those subject to their power under pretext of a zeal for religion, are perfectly justifiable, and that, even now and in this Colony, all, who may not be of the religion of Her Majesty, are to be thankful for that they are not taken from the Pastors of their choice and compelled to attend the Ministrations of the Individual, whom the Governor for the time being may deem more fit to teach them the religion of the Queen. Such being the consequences which in my mind inevitably follow from the decision of His Excellency, I most respectfully protest in my own name as a British subject against an interference which may be exercised in my own regard; and, in the name of the community who acknowledge me their spiritual superior, I protest against it. I do claim the rights of conscience for these natives; they belong virtually to our Church. Of their own choice, they came to Mr. Young for in­ struction: Under his care they have been for many weeks. I cannot recognize any temporal authority on earth, which has a right to interfere with them in this respect. His Excellency cannot surely mean that Mr. Young did wrong in giving these men instruction when they presented themselves. Unless the Revd. Mr. Young is prepared to do the same in similar cireums'tances, he is unworthy of his Sacred Ministry; it is clearly the case alluded to wherein we are told that it is better to "obey God than Men." Has permission from the Civil Authority to instruct the Heathens ever been deemed necessary? Whether the Religion of Her Majesty be the religion of the Empire is a question which appears to me to be extraneous, and into which I am not called upon to enter. It is one which whoever has a regard for public tranquillity will be cautious not to agitate. I may be permitted to add that I am not aware that the Revd. Dr. Steel receives other recognition than that which Mr. Young also receives, each receiving remuneration? without distinction as a Minister of Religion for the benefit of all who may apply to him for his Services. I have, &c, Letter J. B. POLDING. acknowledged. No. 4. Most Reverend Sir, Colonial Secretary's Office, Sydney, 19th January, 1844. I have the honor to acknowledge the receipt of your Letter of the 12th In­ stant on the subject of the arrangement under which the Aborigines now confined on Cockatoo Island are afforded Spiritual instruction; and, having submitted the same to the Governor, his Excellency desires me to state that, without intending the slightest disrespect, he must decline entering into any argument on the points raised in your-communication. I have, &c, E. DEAS THOMSON. [Enclosure No. 2.] UNDER SECRETARY HOPE TO MR. JAMES SMITH. Sir, Downing Street, 17 July, 1844. I am directed by Lord Stanley to acknowledge the receipt Letter of your Letter of the llth Instant, enclosing Copies of a Corre- acknowledged. spondence between the Revd. Dr. Polding and the Colonial Secretary at New South Wales, on the subject of the right claimed on the part of the Roman Catholic Clergy to visit and instruct Native Convicts confined in the Establishment at Cockatoo Island; and I am to acquaint you that his Lordship has called on the Governor of New South Wales for a report on this case, without which it will be impossible for him to take the question into his consideration. I have, &c, G. W. HOPE. 680 HISTORICAL RECORDS OF AUSTRALIA.

1844. SIR GEORGE GIPPS TO LORD STANLEY. 17 July. (Despatch No. 148, per ship Ganges; acknowledged by lord Stanley. 23rd December, 1844.) My Lord, Government House, 17th July, 1844. Petition I have the honor herewith to forward to Your Lordship transmitted. a Petition, which has been addressed to Her Most Gracious Ma­ jesty by Mr. Charles Newman, formerly a Major in the service of the India Company, praying that he may be allowed remission Refusal of in the purchase of Land at Port Phillip, and complaining that I remission on purchase have hitherto resisted his claim to remission on the ground that of land for he did not arrive in the Colony until four years after he had C Newman. quitted the Service of the India Company, instead of within one year as required by the Eegulations. This statement is quite correct; but Mr. Newman has, I regret to say, omitted to add that his case was, at his own reque^ brought before the Secretary of State by my Despatch No. 147 of the 29th July, 1841, and decided on by Your Lordship's reply, Fo. 51 of the 8th Jany., 1842. No new fact is alleged to Mr. Newman's Petition; and his case simply rests upon the fact that, though he retired from the army in 1834 (6th Sept.), he did not arrive in the Colony of New South Wales until 1838, his first application to this Government being dated from Van Diemen's Land the 22d January, 1838. Mr. Newman has quoted in his Petition a passage from a Notice, issued by this Government on the lst May, 1839, which has no bearing at all on his case. The Notice in question was addressed to persons whose claims to remission had been fully submitted, but who did not use due diligence in availing them­ selves of the indulgence granted to them. j ^ ^c

GEO. GIPPS. [Enclosure.] Memorial of THE petition and memorial of Charles Newman, Eetired Major C. Newman claiming of The Honorable East India Company's service, remission on To the Queen's Most Excellent Majesty, purchase of Respectfully Sheweth, land. That your Petitioner, after nearly thirty years' service, from the accounts published in India and from the encouragement given to Officers his Predecessors by free Grants of Land and otherwise to settle in Australia, selected those Colonies as his future residence, and with that intention arrived in one of them, Van Diemen's Land, at the close of the year 1834, having left India and the service in September of that year; on arriving in Van Diemen's Land he found that the system of Free Grants of Land had been abolished, when, by orders dated August, 1834, encourage­ ment was given To The Officers of The to settle in GIPPS TO STANLEY. 681 The Colonies, and the system of allowing them remission money in 1844. the purchase of Land was adopted and afterwards extended To The 17Julv - Officers of The Honorable East India Company's service, which Memoriaiof orders were promulgated at Sydney in October, 1836, and October, c. Newman 1837, respectively. claiming Finding all the available Land granted or sold in Van Diemen's pu^aseoT Land, your Petitioner determined on selecting Port Philip as his land. fixed place of settlement, and with that view was one of the first to import valuable stock consisting of Horses, Cattle and. Sheep, into that Province; in doing which he sustained loss by sea risk to the extent of £700; as early as March, 1838, when that Province was first resorted to by Settlers, in order to obtain a permanent residence, he lost no time in addressing himself to Sir , The Governor of New South Wales, to obtain the remis­ sion money allowed to his rank. Sir Richard Bourke, in a reply dated August, 1838, as a preliminary condition required him first to fix his residence in The Province where he required his land; he therefore removed his Family andfinally fixed his residence in The District of Port Phillip where he has been ever since. Un­ fortunately for your Petitioner Sir Richard Bourke quitted The Government of New South Wales in December of that year, and his Successor has hitherto resisted the claim of your Petitioner on the grounds that your Petitioner did not claim his remission within twelve months from the date of his certificate of retirement; your Petitioner would humbly and respectfully draw your Majesty's attention to an order, dated Sydney, May lst, 1839, and published in The Sydney Gazette: " Retired Officers. " In order to prevent the inconvenience that will most likely arise, if officers do not take an early opportunity of obtaining Land with the remission money authorised for them, Notice is hereby given that all certificates of remission, hitherto given by The Government to retired and Half pay Officers of The British Army and Navy, as well as in favor of Gentlemen formerly in the service of The Honorable East India Company, will continue in force twelve months from the present date and no longer; and further that, in all future Cases the period will be limited to twelve months from the date of the certificates so granted." When the last order was published. Petitioner's case was undeter­ mined and in progress of consideration; but your Petitioner would humbly submit that he clearly comes within its meaning; situated at that time as your Petitioner was as one of thefirst Pioneers of a New Province, he hopes due allowance will be made for the difficulties attending such a situation from the want of regular established Posts and communication with the seat of Government, 600 miles off, by which orders may be published affecting the in­ terests of persons situated as your Petitioner then was, without their being known for months afterwards; and he humbly hopes your Majesty will view his Case upon a broad and liberal construc­ tion, satisfied that your Petitioner did select a British Colony to finally settle in and benefit by spending his income within it and raising up a Family hereafter to inhabit it, for which purpose all the orders referred to were published. He trusts your Majesty, in 682 HISTORICAL RECORDS OF AUSTRALIA.

1844. consideration of those circumstances and the great losses he sus­ 17 July. tained in effecting it, will be graciously pleased to extend to him Memorial of the benefits held out and participated in by all retired officers from C. Newman either service without exception. claiming Melbourne, 15 June, 1844. CHARLES NEWMAN. remission on purchase of " This has been taken from a Rough Sketch from which the land. original was drawn out. The copy having been forwarded to Eng­ land direct, which I trust will be found tolerably correct."

LORD STANLEY TO SIR GEORGE GIPPS, (Despatch No. 108, per ship Sarah Scott.) 18 July. Sir, Downing Street, 18th July, 1844. Request by I transmit to you herewith copies of a correspondence C. Whitney with Mr. Charles Whitney, relative to an application which he for remission of arrears has made to be relieved from the payment of certain arrears of of quit rent. quit rent on his land in New South Wales, and I have to request that you will furnish me with a report on this claim, I have, &c, [Enclosure No. 1.] STANLEY. Memorial of THE Memorial of Charles Whitney, late of Sydney, New South C. Whitney. Wales, but now of No. 5, College Place, Highbury Vale, London. Sheweth, That Your Memorialist and family emigrated to 'Sydney in 1838 and was induced to buy about five acres of Land in a part called Balgowla, which had been previously marked for a Town­ ship by the Government; but they have as yet taken no steps in furtherance of that object, and your Memorialist is now called upon to pay the Quit rent of four pence per perch for ever, together with the arrears of Quit rent amounting to £140 Sterling, which if enforced must prove the total ruin of myself and family. I me­ morialized the Governor Sir George Gipps before I left the Colony. who sympathised with me, but said it was wholly out of his power to remit the arrears, and referred me to Your Lordship. Finding the Governor had not the power, I have worked my passage to Eng­ land, in hopes that I may succeed in my abject, so that I may return with renewed vigor to gain a livelihood for my wife and family. I beg to state that the major part of the arrears were upon the property when I purchased it, and I had not the least idea that they would ever be called for; and I humbly beg that you will allow me to remain unmolested till the Government takes some steps to­ wards making it a Township, as without that the property is not worth two years' Quit rent; and, as my means are very humble, I shall be compelled to sacrifice my little all. Hoping that Your Lordship will give it Your serious considera­ tion, I beg to subscribe myself, Your mogt obedient> &fti 13th June, 1844. CHARLES WHITNEY. STANLEY TO GIPPS. 683

[Enclosure No. 2.] 1844. UNDER SECRETARY HOPE TO MR. C. WHITNEY. 'u 7' Sir, Downing Street, 22d June, 1844 I am directedtoy Lord Stanley to acknowledge the receipt Memorial of Your Memorial of the 13th Instant, praying for a remission of acknowledged. the payment of certain arrears of Quit Rent which you have been called on to make on account of certain Land purchased by you at Balgowla, New South Wales, and which you state to have been previously marked out for a Township by the direction of the Local Government. I am to acquaint you that no report has been received on the subject from the Governor of New South Wales, and that, until Lord Stanley is in the possession of such a report, it will not be in his Lordship's power to consider your application. Lord Stanley would wish, however, to be informed whether you caused a written application to be made to the Governor of New South Wales upon the subject of your Memorial. I am, &c, G. W. HOPE. [Enclosure No. 3.] MR. C. WHITNEY TO LORD STANLEY. 5 College Place, My Lord, Highbury Vale, 29th June, 1844. I beg to acknowledge your answer to my Memorial of the written 13th Instant, and beg to state that it was by written application application to that I applied to the Governor Sir George Gipps, and the answer Sir G- G;PPS- was that he regretted that he had not the power but he referred me to Your Lordship. Hoping that Your Lordship will take it into your gracious con­ sideration, and should you favor me shall feel deeply indebted to your Lordship in saving me and my family from ruin. I beg to subscribe, &c, CHARLES WHITNEY. [Enclosure No. 4.] UNDER SECRETARY HOPE TO MR. C. WHITNEY. Sir, Downing Street, 9th July, 1844. With reference to the statements contained in your Letter of 29th Ultimo, respecting the steps which you had already taken to procure from the Governor of New South Wales a remission of Your arrears of Quit Rent, Lord Stanley directs me to acquaint you inability to that, in the absence of the full and complete information on this |^^ision subject, which a Report from the Governor can alone furnish, his report from Lordship regrets his inability to render you any assistance. Should Sir a. Gipps. you so wish, however, Lord Stanley will instruct 'Sir George Gipps to transmit a report on your case. I am, &c, G. W. HOPE. [Enclosure No. 5.] MR. C. WHITNEY TO LORD STANLEY. 5 College place, My Lord, Highbury Vale, llth July, 1844. I have to return your Lordship my most grateful thanks for the very kind attention you have paid to my application. 684 HISTORICAL RECORDS OF AUSTRALIA.

1844. I beg to state that I am about leaving for Sydney; and, should 18 July. it meet the approbation of your Lordship to favor me with a Letter to His Excellency Sir George Gipps, I shall feel greatly indebted, I have, &c, CHABLES WHITNEY. [Enclosure No. 6.] UNDER SECRETARY HOPE TO MR. C. WHITNEY. Sir, Downing Street, 18th July, 1844. Reference to I am directed by Lord Stanley to acknowledge the receipt of Sir G. Gipps. your Letter of the llth instant, and to acquaint you in reply that His Lordship will be prepared to transmit by you a Despatch to the Governor of New South Wales, calling for a report on your case; but that it must, at the same time, be understood that, in the present stage of the case, his Lordship's communication to Sir George Gipps must be limited to a simple instruction to send home such a report as may enable him to consider the circumstances on which your representation is founded. j nave &c. G. W. HOPE.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 149, per ship Ganges; acknowledged by lord Stanley, 30th November, 1844.) My Lord, Government House, 18th July, 1844. Necessity for In my Despatch No. 135, of the 7th instant, I reported the acting judge. departure of Mr. Justice Burton to India, and added that in consequence of the illness of the Chief Justice, I greatly feared I should be obliged to appoint an acting or temporary Judge, Mr. Justice Stephen being the only Judge remaining on the Bench. Appointment of I have now to report to Your Lordship that, on the joint W. A'Beckett. application of Mr. Justice Stephen and the Attorney General, I on the 15th instant appointed, under the power given to me by the 9th Geo. IV, ch. 83, S. 1, the Solicitor General Mr. William A'Beckett to act as a Judge, until a successor to Mr. Justice Burton should be appointed and enter on his duties. I have of course been obliged to promise Mr. A'Beckett that he shall re­ ceive the full salary of a Judge, £1,500 a year. I have not yet filled up the Office of Solicitor General, though I greatly fear we cannot (and especially during the Session of the Legislative Council) go on long without one. Illness of The Chief Justice is still, I regret to say, extremely ill, and Sir J. Dowling. I have no news of Mr. Justice Burton's successor. I have, &c, GEO. GIPPS- GIPPS TO STANLEY. 685

SIR GEORGE GIPPS TO LORD STANLEY. 1844. (Despatch No. 151, per ship Ganges.) u y' My Lord, Government House, 20th July, 1844. With my Despatch of the 25th February last, No. 48, I for­ warded to Tour Lordship Copies of the instructions, which I had given to Major Childs, on his departure from Sydney to ' Norfolk Island; and submitted several points on which I re­ quested the decision of Your Lordship. I have now to acknowledge the receipt of Your Lordship's Despatch 3.Ckn0Wj.GQo'6Q Despatch, No. 170 of the 10th November, 1843, which -conveyed to me final instructions for the transfer of the Island to the Government of Van Diemen's Land on the 29th September next; and I have to report that I am making all necessary preparations for the transfer, and see no difficulty in carrying it into effect. I have already suggested to Sir Eardley Wilmot that, in order Necessity to constitute a Court for the trial of offenders in the Island, it Tasmanian will be necessary to pass in Van Diemen's Land an Act of Coun- council re eil, analogous to the one passed in New South Wales in 1835 court at (5th Wm. IV, No. 23); and, though the Act of Parliament. Norfolk island 4th and 5th Wm. IV, Ch. 65, does not apply to Van Diemen's Land, it is considered that the authority given to the Legisla­ ture of that Colony by the 2d Sec. of the 2d and_ 3d Vict., Ch. 70, confirmed by the 5th and 6th Vict., Ch. 76, Sec. 53, will enable it to pass the required Act. Had Norfolk Island remained attached to this Colony, it was my intention to have proposed. that a regular half yearly Circuit Court should have been held there, as I have had reason to apprehend that the difficulty of convening Courts on the Island has encouraged the idea that crimes of the deepest character may be committed with little fear of punishment. I forward herewith Copies of the first two general reports, Reports which I have received from Major Childs of his progress at fromTChilds. Norfolk Island, as well as Copies of the answers which I caused to be returned to them. By the last of these documents, Your Lordship will perceive instructions rhat there are still the following unsettled questions in respect probiems°at to the course to be pursued at Norfolk Island, though they are Norfolk island. for the most part the same which are adverted to in my Des­ patch of the 23d February last. I will briefly recapitulate them:— 1. The employment of Convicts as domestic Servants to Officers; 2. The proper nature of the duties to be performed by the Superintendents of Convicts (Capt. Lavers, Mr. Bott, etc.). 686 HISTORICAL RECORDS OF AUSTRALIA.

1844. 3. The Buildings to be erected, including Gaols, etc. 20 July. 4. The employment of an inferior class of Free Officers as Instructions Foremen, Overseers, Wardsmen, also as Clerks and Boat­ required on problems at men. Norfolk island. 5. The formation of a Court of Justice (already alluded to herein) and an extension of the power of inflicting summary punishment. 6. The prohibition on the introduction of Spirits, which has been complained of by Mr. Bott. Query re There is also a subject of some importance, which I ought not convicts to be sent from altogether to overlook; it is the description of Convicts who are colonies to in future to be sent to Norfolk Island, either from New South Norfolk island. Wales or from Van Diemen's Land. As the Law now stands, persons, sentenced to transportation by any Court of competent jurisdiction in New South Wales, may be sent either to Norfolk Island or Van Diemen's Land, the dis­ tinction being no longer in force, which formerly rendered it necessary to send doubly convicted offenders to Norfolk Island, and others to Van Diemen's Land. By the doubly convicted, per­ sons being meant who, having originally come to New South Wales as Convicts, may in New South Wales have been sentenced to a second period of transportation cumulative on the first. In my Despatch of the 23d February last, I intimated my in­ tention of sending the best of the doubly convicted and the worst Disposal of of the singly convicted to Norfolk Island; or I may more clearly convicts express myself by saying that I intend to dispose of Prisoners from New transported from New South Wales as follows:— South Wales. 1. The worst of the doubly Convicted to go to a Penal Settle­ ment (Tasman's Peninsula) in Van Diemen's Land; 2. The best of the doubly convicted to go to Norfolk Island, and thence to be removed at some future period to the ordinary probation Gangs in Van Diemen's Land; 3. The worst of the singly convicted to be disposed of in the same manner as the best of the doubly convicted; 4. The best of the singly convicted to go at once to the probation Gangs in Van Diemen's Land. My object in proposing to send the worst of the doubly con­ victed to a Penal settlement in Van Diemen's Land was to prevent the mixture at Norfolk Island of the very worst descrip­ tion of doubly Convicted offenders from New South Wales with the Prisoners, who are to be sent from England to Norfolk Island. Recently, however, some men of the very worst description have been removed by the Government of Van Diemen's Land from Tasman's Peninsula to Norfolk Island; and, if Norfolk Island GIPPS TO STANLEY. 687 is thus to be the place of punishment for the very worst offenders 1844. from Van Diemen's Land, there is no reason why persons of the same class should not be sent from New South Wales. And there is lastly still one other subject on which I must Problem re

address myself to Your Lordship, namely, the projected return COrlvicts. to New South Wales of a certain class of. Convicts; but it is a matter of so much importance to this Colony that I propose to make it the subject of a Separate Despatch (see my Despatch No. 152 of this day's date). I have, &c, GEO. GIPPS. [Enclosures.] [Copies of these papers will be found in a volume in series III.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 152, per ship Ganges.) My Lord, Government House, 20th July, 1844. In the concluding paragraph of my Despatch No. 151 of Problem re this day's date, I have stated that, on a subject connected with South Wales the system of discipline now established at Norfolk Island, I trVnspm-ted should have occasion to address Your Lordship in a Separate frorn Despatch. The subject, I alluded to, is the proposed removal to Norfolk island. New South Wales of offenders transported to Norfolk Island from Van Diemen's Land; and, in order to explain myself, it is neces­ sary that I should refer to the following passage in Your Lord­ ship's Despatch to Sir John Franklin, No. 175 of the 25th No­ vember, 1842:— [Here followed a copy of the paragraph, beginning " I antici­ pate," see page 517, volume XXII.] If the persons, alluded to in this paragraph as " the Van Die- men's Land Convicts," be meant only to include those who may be convicted in Van Diemen's Land of their first transportable vffences, the number of them is not likely for many years to be very great, nor could their proposed removal to New South Wales justly lead to any apprehension of evil consequences to the Colony, though the question may arise, whether their removal to New South Wales will be lawful; and I am disposed to think that, as the Law now stands, it will not, unless, instead of being sent as Holders of Probation Passes, they be conditionally pardoned. pardoned that it is to say on condition of remaining in New South Wales; and, in such case, they will of course whilst in New South Wales be in the condition, not of Convicts, but of free men. 688 HISTORICAL RECORDS OF AUSTRALIA.

1844. I must, however, observe that it is in the power of the Lieutt 20 July. Governor of Van Diemen's Land to send to Norfolk Island not Problem re removal to New only persons originally convicted in Van Diemen's Land, but also South Wales those who, having arrived in Van Diemen's Land as Convicts, of convicts transported may in Van Diemen's Land have been sentenced to a further from term of transportation, cumulative on the first; and that in fact Tasmania to Norfolk island. the Lieut. Governor has already sent some men of this class to Norfolk Island, that is to say, men of the class known in both Colonies as the " doubly convicted "; and I must add that, if men of this class are to be sent with Probation Passes to New South Wales, or even as Holders of Conditional Pardons, New South Wales may be made the ultimate receptacle of a very numerous class of Convicts of nearly the worst description, the receptacle indeed of all doubly convicted Convicts with the exception only of such as may be doomed to end their lives in hopeless cap­ tivity. I sincerely trust, however, that such cannot be the inten­ tion of Her Majesty's Government. j have &c.

GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 153, per ship Ganges; acknowledged by lord Stanley, 18th January. 1845.) 21 July. My Lord, Government House, 21st July, 1844. Despatch I have had the honor to receive Your Lordship's Despatch acknowledged re agreement of the 21st December, 1843, marked " Military," No. 6, in reply to build mili­ to mine, No. 65 of the 8th May, 1843, on the subject of the tarv barrack at Sydney. agreement entered into by this Government for the erection of New Barracks in the neighbourhood of Sydney; and, with your Lordship's Despatch, I received a copy of a letter from the Secre­ tary to the Board of Ordnance to Mr. Stephen, dated the 8th December, 1843, wherein reference is made to the proposal or­ iginally brought forward in my Despatch, No. 151 of the 27th Sept., 1838, that the Ordnance should, in consideration of their giving up the Old Barracks in Sydney, be put into possession of p. far better site (in a Military point of view) for the New Bar­ racks, and of a sum of money sufficient to erect them; no specific sum of money was then mentioned by me, nor any specific amount of Barrack accommodation; but I assumed, as was I think suffi­ ciently apparent, that the Barracks were to be built according to the Plans which had been sent to the Board of Ordnance by the then Commanding Royal Engineer, and according to his Esti­ mate, which was under £60,000. GIPPS TO STANLEY. 689 To this proposal, however, it was -evidently necessary that the 1S44. assent should be obtained of three Parties, 21 July' lst. Of the Board of Ordnance; Parties to 2ndly. Of the Local Legislature, who were to advance the funds; and 3rdly. Of the Secretary of State, or (it being a matter of expenditure) of the Lords of the Treasury. The assent of the three several parties was obtained; but the Local Legislature assented to the proposal only on condition that Conditional the expense should not exceed £60,000. This condition was offi- f^Sative cially communicated to the Ordnance Officers in the Colony on council. the 3d August, 1840; and it was left to them to determine, whether they would commence the work on this condition or not (see my Despatch, No. 112 of the 17th August, 1840); they did implied commence it, and, up to the present time, the sum of £25,750 has by^rdSmce been advanced by the Local Government, and expended entirely offlcers- under the Control of the Ordnance. The object of my Despatch of the Sth May, 1843, was that the Reasons for Board of Ordnance might in a timely manner be reminded of ^reranent.0 the condition on which the Local Legislature had entered into the engagement, and to which the Ordnance, through their Officers in the Colony, had assented; and I submit to Your Lord­ ship that it was very necessary that I should bring the matter forward, as otherwise the control of the work being in the hands of the Ordnance Officers, the Local Government might have teen considered to be entirely in their power. The sum of £60,000 exceeded, as above stated, the sum which Possibility the cost of the New Barracks had been estimated at; and it is the of barrack well known practice of the Ordnance Department to estimate witlun estimate. fully, for all Works, the Board always objecting to Supplemen­ tary Estimates; and, moreover, I still believe that the sum of £60,000 will he sufficient for the erection of the Barracks; or, if at all deficient, that the deficiency will arise solely on account of the great extent of the Wall, with whieh it is proposed to enclose them. I may also remark that, since my Despatch of the Sth May, 1843, was written, the price of labour in the Colony has considerably fallen, a circumstance which will of course tenL to facilitate the completion of the Barracks within the original estimate. The fifth paragraph of Mr. Byham's letter relates to the pro- Claim for posed Hospital, and fully admits the correctness of my statement hospital. that the Colony cannot be called on to erect an Hospital on the principle of equivalence, there being no Hospital in the Barracks which are to be given up. Mr. Byham, however, appears to be SER. I. VOL. XXIII—2 X under the impression that the Ordnance can call on the Colony 690 HISTORICAL RECORDS OF AUSTRALIA.

1844. to erect a New Hospital in consequence of repeated claims pre­ 21 July. ferred by the Colonial Government on the General Military Hos­ Error re mili­ pital; but in this there is a mistake;* the General Hospital, on tary hospital. which the Local Government has preferred two distinct claims, is not nor was it ever a Military Hospital. The Military Hos- pitalf is quite a distinct'building in a different part of the Town; and on it the Local Government has never preferred any claim whatsoever. This last mentioned (or Military) Hospital is, it is true, incon­ veniently placed in respect to the New Barracks; and so also is Necessity for the General or Convict Hospital. A new Hospital, therefore, hospital at will, I consider, be necessary at or near the New Barracks, though new barracks. the Colony cannot, I submit, be called on to defray the expense of erecting it, certainly not on the principle of equivalent accom­ modation; or, if the Colony do bear the expense of erecting a New Hospital, it will at any rate be entitled to have the Old Hospital (near the Flagstaff) conveyed to it, with the ground on which it stands. Monthly expen­ I think it right in conclusion expressly to inform Your Lord­ diture on new barracks. ship that (as stated in my Despatch, No. 117 of the 10th ultimo) we are still proceeding with the New Barracks, the rate of expenditure on them being about £1,000 per month. I have, &c, GEO. GIPPS. Provosed P.S.—I beg to add that Lieut. Colonel Barney of the Royal reference to Engineers, now in England, can give, either to Your Lordship or G. Barney. the Board of Ordnance, the fullest and most authentic informa­ tion in respect to everything connected with the subject of this Despatch.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 110, per ship Sarah Scott.) 22 July. Sir, Downing Street, 22d July, 1844. Necessity The attention of Her Majesty's Government has been for placing post-office called to the expediency of making arrangements for placing thr- establishments Post Office Establishments in the Australian Colonies under the under general post office in control of the General Post Office in this Country, with a view to England. ensure greater regularity in the conveyance of letters, and to remedy the inconvenience, which has so frequently of late been complained of, arising from the irregular receipt of correspond­ ence sent to and from those Colonies.

* Marginal note.—See Despatches from Sir G. Gipps, No. 107, 25th July, 1839, No. 55, 19th April, 1843. Lord J. Russell, No. 66, 25th May, 1840. fNote 29. STANLEY TO GIPPS. 691 I transmit to you herewith copies of a correspondence between 1844. this Office and the Board of Treasury, and the Department of the Post Master General, on this subject, and you will perceive Bin proposed that a Bill has been brought into Parliament for authorising the change. contemplated arrangement. You will further perceive that a Commission has been ap- Commission pointed under the authority of the Postmaster General, consisting t^ inquire of three individuals, to enquire into and report upon the Estab- re post-offices. lishments, which will now, under this management, be placed under the General Post Office. The Commission will consist of Mr. E. Dixon James and Mr. Robert Richard Smith of that Department, with whom it is proposed to associate, if possible, the Post Master General of each Colony concerned, so far as relates to his jurisdiction, in order that the fullest and most complete information may be obtained. You will, therefore, afford every assistance in your power in furtherance of the objects of the Commission, and adopt any measures which may be necessary on your part for giving effect to the arrangement. I have, &c, STANLEY. [Enclosure No. 1.] UNDER SECRETARY STEPHEN TO MR. C. E. TREVELYAN. Sir, Downing Street, 19th Septr., 1843. I am directed by Lord Stanley to transmit- to you for the Correspondence e p s Ce consideration of the Lords Commissioners of The Treasury the '' t ?. ij"£m nts enclosed copies of correspondence, which has passed between this esa ls men s" Department and that of the Post Master General, relative to the measure of placing the Post Office Establishment in the Aus­ tralian Colonies under the jurisdiction of the General Post Office with the view to remedy the inconvenience heretofore experienced from the irregular transmission of the Correspondence with those Colonies. It would appear from the opinion of the Law Officers of the Necessity for Crown, which accompanies Lieutt. Colonel Maberly's Letter of the amendment of lst Instant, that the Acts for regulating the Postage of Letters are Post-o»ce acts. too obscure to be acted on with safety as far as the present object is concerned. I am, therefore, directed to request that you will move the Lords Commissioners of the Treasury to consider the pro­ priety of making such amendments in the present Post Office Acts as may be necessary for the objects contemplated. I am, &c, JAS. STEPHEN. [Sub-enclosure No. 1.] UNDER SECRETARY STEPHEN TO LIEUT.-COLONEL MABERLY. Sir, Downing Street, 13 March, 1843. I am directed by Lord Stanley to transmit to you, for the consideration of Complaints re the Postmaster General, the enclosed copy of a Letter from Mr. L. Sampson, a transmission Settler of Western Australia, in which he represents the inconvenience experienced of letters from in the Colonies from the want of regularly established means of conveying Letters colonies. from thence. I also enclose Copies of two Communications which Lord Stanley has received from Mr. B. Pinsent of Bristol, complaining of the irregular transmission of Letters from Port Phillip. 692 HISTORICAL RECORDS OF AUSTRALIA.

1844. It appears to Lord Stanley desirable that some means should be adopted for 22 July. checking such inconveniences as are now complained of; and his Lordship would suggest, for the consideration of the Post Master General, whether, with a view to Reforms that purpose, it might not be desirable to make arrangements for placing the Post proposed. Office Establishments in the Australian Colonies under the direction of the General Post Office; and to propose to Parliament such alterations as may be necessary in the existing Law for that purpose, Lord Stanley would be glad to be favored with the views of the Post Master General on this subject. I have, ke., JAS. STEPHEN. [Sub-enclosure No. 2.1 MR. L. SAMSON TO LORD STANLEY. No. 11 Warnford Court, My Lord, Throgmorton Street, 25th Feby., 1843. Complaint It is a common practice among the Masters of Merchant Vessels visiting our re refusal to Colonies to refuse to carry Mails, when they enter outwards on their homeward carry mails Voyage for other than British Ports. I have been long resident in Western Aus- from West tralia, whither I shall shortly return, and am thus enabled practically to speak Australia. both to the fact of such refusals and to the serious inconvenience they inflict upon the Colonists by the interruption of their Correspondence. I can also bear testimony to the inability of the Colonial Government to compel the Masters of Merchant Vessels to become the carriers to the post Office, as Sir James Sterling, the late, and Mr. Hutt, the present Governor of the Colony, have often, while lamenting the defective state of the Law, requested my interference as consignee of several Vessels to induce the Masters to carry a Mail for England, when they had refused to do so. Two instances of sueh refusal having- been detailed to me in a Letter recently received from Western Australia, I lost no time in addressing the Post Office Authori­ ties on the subject, and beg to refer your Lordship to the enclosure No. 1 containing a Copy of my Letter to Lieutt. Colonel Maberly and to his replies, Copies of which will be found in Enclosures Numbers 2 and 3. Finding from them that there is no Law by which the Masters of Merchant Vessels can be compelled to become carriers of the Post Office Despatches, I venture to suggest to Your Lordship the necessity of some provision by which all Masters of British Merchant Vessels may be compelled, upon taking clearance at any Colonial Custom House, to take charge of any and whatever Despatches or Mails may be then delivered to them by the local Post Master and be held responsible for the safe delivery of such Despatche[Annexurs ore MailNo.s 1.at] th e first British Port at which MR. L. SAMSONsuc hTO Vesse LIEUT.l may touc-COLONELh after leavinMABERLY.g her Port of Clearance. I have, &c, Sir, 11 Warnford Court, Throgmorton Street, 18tLION-Eh Feby.L SAMSON', 1843. . Refusals of As a Settler in Western Australia visiting England for a short time, I beg captains of y°ur attention to the evil inflicted upon Our Colonial interests by the circumstance merchant of the Captains of Merchant Vessels, when about to sail from Colonial Ports, refusing vessels to to take charge of Mails for England. Two recent instances have just come under my carry mails. notice, Captains Brown of the " Simon Taylor " and McKenzie of the " Heroine," both British Vessels, each refused, on their departure from the port of Freemantle in Western Australia in September last, to carry the Mail for England, and the whole intelligence from the Colony consists of two Letters received by myself through the kindness of Captain Henley, late of the " Amelia," a passenger by the " Heroine," who forwarded the letters from Singapore to Bombay, whence they were despatched by the last Overland Mail. Having been long a resident in the Colony, where I acted for 3 years from 1829 to 1832 as Post Master General, I can speak to the continual refusal of the Masters of Merchant Vessels to take charge of Mails, the ground of refusal then was that no remuneration was made ; but that objection is now obviated as they receive in the Colony the same allowance as in England, vizt., Two pence per Letter. The Colonial Government is quite powerless on these occasions; it does not appear that any Law exists by which the Masters of Ships can be compelled to take charge of the Mails, at least when they enter the Vessel out for any other than a British Port. On one or two occasions when a Ship of War has luckily been in the Station, the Captain of it has obviated the difficulty occasioned by the refusal of the Master of the Merchant Vessel by addressing the whole of the Mail to the Admiralty, and thus compelling its conveyance. The stop thus put to the Corre­ spondence of the Colony is a most serious evil not only in a Mercantile point of view to the Colonists and their friends, but it affects the general prosperity of the Settlement by rendering intelligence from it more unfrequent than is necessary. The revenue also suffers great loss, as, though the population is small, its Correspondence STANLEY TO GIPPS, 693 is very extensive, and each of the Vessels previously mentioned would have brought 1844. nearly as many Letters as will be sent by the next opportunity, and thus the Post 22 July. Office revenue suffers to the extent of two thirds. Trusting' that you will obviate this difficulty by some general regulation. I have, &c, LIONEL SAMSON, [Annexure No. 2.] LIEUT.-COLONEL MABERLY TO MB. L. SAMSOM. 21st February, 1843. Letter LIEUTENANT COLONEL MABERLY presents his compliments to Mr. Samson and begs acknowledged. to acknowledge the receipt of his Letter of 18th Instant, and to acquaint him that every enquiry shall be made on the subject to which it refers, the result of which will be communicated as soon as possible. [Annexure No. 3.] LIEUT.-COLONEL MABERLY TO MR. L. SAMSON. Sir, General Post Office, 24th February, 1843. I am directed by the Post Master General to acquaint you that he has had Want of power before him your communication of the 18th Instant, and to state that he has .no to compel power to compel the Commanders of private Ships to take on board Ship Letters for carriage of England, at any places where the post office is not under the controul of this mails. Department. I am, &c., W. L. MABERLY, Secretary. [Sub-enclosure No. 3.] MR. B. PINSENT TO LORD STANLEY. My Lord, Bristol, 17th Septr., 1842. I beg leave respectfully to acquaint you that, having a Correspondent at Complaint re Melbourne, Port Phillip, Jiew South Wales, I am in the habit of constantly corre- transmission sponding with that Settlement. I beg to complain of the serious loss I sustain of letters from through the great neglect of the Post Office Authorities there. Port Phillip. I have scarce a Letter conies in the regular way. Within the last year, I have had two instances of original Letters and their Duplicates, although directed one direct, and the other via Sydney, yet have been sent by the Post Office Authorities through the same Conveyance. One of these sets of Letters had a remittance to a considerable amount, and the interest alone (which would have been saved, had one Letter been forwarded as directed) was considerable, and the disappointment in not receiving at the time was of great injury to me. I also received a letter last Week, which had been posted at Melbourne, and yet 15 Months on the way. I have now a Lot of Wool on board a Vessel, that I cannot get, which I am satisfied is owing to the Post Office not having forwarded the letter containing the necessary Document. I am of this opinion because I seldom get a Letter regularly from Port Phillip ; the Post Master does not either read the direc­ tions on them or wilfully neglects his duty. I trust the subject will be considered a sufficient excuse for my writing, as, if these things are suffered without complaints being made, such grievances, and there cannot be well a greater grievance in Mer­ cantile Transactions, will never be remedied. I have before written to the English Post Office but their reply is, " they have nothing to do with the matter." Hoping on these grounds you will excuse this liberty. I remain, &c, BURTON PINSENT. P.S.—I have just seen Mr. Hinton, one of our most respectable Solicitors here, who has a Son at Port Phillip, and he complains of even worse treatment than I do; he says a short time since he received 6 Letters at one time, which, instead of being forwarded as directed, were left in the Post Office and forwarded at one time, thus entirely doing away with the use of sending Duplicates, and not only depriving us of the chances that may occur through sending by 2 or 3 Conveyances, but gives those parties a great advantage over us, who, knowing the irregular way in which matters are conducted by the Post Office, send their Letters by private hands, and thus cheat the Revenue of its due right. [Sub-enclosure No. 4.] MR. B. PINSENT TO LORD STANLEY. My Lord, Bristol, 4 January, 1843. I wrote you some time since complaining of the very great loss Merchants, connected with Port Philip, suffer from the very great negligence of the Parties who have the management of the Post Office at Melbourne. My Lord, I beg to inform you this sort of bad management still continues. In foreign Correspondence as you are no doubt aware, it is customary to write 2 or 3 Copies of our Correspondence, 694 HISTORICAL RECORDS OF AUSTRALIA.

1844. to go by different routes, so that if the Vessel, by which one Letter be sent, should 22 July. be lost, the others may arrive safe and no inconvenience arise. Last Week I had a case, in addition to many others, where I had fire Letters by one Vessel, instead Complaint re of by 3 Vessels as directed on the Letters, and I have never yet received one Letter transmission that has come as directed; this caused a delay in the receipt of one Copy of near one of letters from Month, which has caused me serious inconvenience. My Correspondent at Melbourne Port Phillip. complains equally as much as myself, but it appears they are afraid to bring them­ selves under the Lash of the Post Master by complaining; and I find that, altho' 1 have been very particular in forwarding Letters, etc., at an extraordinary expence of post, Newspapers and other stamped Publications, containing Mercantile Advices and information, but very few of them have ever reached their intended destination; and I am informed further that, when a Vessel arrives with a fresh Mail, the News­ papers and Stamped Publications are all opened by the Post Master, and a few particular friends are admitted to peruse them; in a few days, a few of them find their way to the right Owners, but the greater part never reach the Parties for whom they are intended. My Lord, the Colonies have a great difficulty in contending with foreign competition, particularly in the growth of Wool which is the staple article of Port Phillip; but you must be aware that a great deal of the Success of operations in this Country depends upon receiving prompt and regular advices from this Country; you will easily understand, from what I have said, this is impossible; and the only parties, who get regular advices, are those who send their advices and News­ papers by private hands, which must occasion a great loss to the Revenue. I trust, My Lord, these things have only to be represented to Your Lordship when an enquiry will be instituted and the grievance rectified. I trust Your Lordship will excuse the Liberty taken in thus addressing you on the subject; but, if no one complains, things will go on in the same way to the great injury of the Colony. I have, ke., [Sub-enclosure No. 5.] BURTON PINSENT. LlEUT.-COLONEL MABERLY TO UNDER SECRETARY STEPHEN. Sir, General Post Office, lst April, 1843. I am directed by the Postmaster General to acknowledge the receipt of Your letter of the 13th ultimo with its enclosures, representing the inconvenience ex­ Decision to perienced in Australia from the want of regularly established means of conveying accept control letters from those Colonies, and suggesting whether, with a view to remedy this of post-offices. evil, it might not be desirable to make arrangements for placing the post Office Establishment in that Country under the jurisdiction of the Postmaster General. His Lordship desires me to acquaint you in reply, for the information of Lord Stanley, that he has no objection, should the Lords of the Treasury concur in such a measure, to take upon himself the control and management of the posts in the Australian Colonies; and, in the event of Lord Stanley deciding to recommend the proposition to the Treasury, the Postmaster General requests he may be favored with full information as to the existing rates, regulations and establishments of the Posts, etc., in those Colonies, with the respective Acts of Council or the authorities under which such rates are levied, in order that he may be enabled to judge whether a Warrant of the Treasury will be necessary, and whether his Lordship will be enabled to assume the management of these posts immediately without previously sending out to Australia an Officer of this Department to report fully upon the subject. His Lordship desires me to enclose for Lord Stanley's information a copy of the opinion of the Solicitor to this Department as to the power of the Postmaster General to establish Posts and levy rates of Postage, etc., and to state that, when Legal opinion the decision of the Treasury with the requisite information shall have been obtained, re right to he will be prepared to submit the necessary arrangements for their Lords-hips' establish posts consideration. I have, &c, and levy W. L. MABERLT, Secretary. postage. COPY of Solicitor's opinion. I AM of opinion that, under the Act of the IV, C. 33, the P.M. General has full power to establish Posts in Australia; and, by the 3 and 4 V., C. 96, S. 33, he is authorized to charge on all letters, conveyed by Post between places within any of the Colonies where Post communications shall be established and where rates of Postage have not before been authorized by Law, such rates of postage as the Com­ missioners of the Treasury by Warrant under their hands shall direct. 20 March, 1843. W. B. PEACOCK. [Sub-enclosure No. 6.] UNDER SECRETARY HOPE TO LIEUT. ^COLONEL MABERLY. Sir, Downing Street, 20 April, 1843. Having laid before Lord Stanley your letter of the 1st Instant, I am directed to transmit to you, for the information of the Post Master General, the enclosed copies of the Local Acts, under which the rates of Postage arefixed, and the Post STANLEY TO GIPPS. 695

Office Establishments regulated in the various Australian Colonies; and to acquaint 1844. you that, on receiving any further suggestions which the Post Master General may 22 July. have to offer on the subject, Lord Stanley will be prepared to bring the proposed arrangement under the consideration of the Lord Commissioners of the Treasury. I have, ke., G. W. HOPE. [Sub-enclosure No. 7.] LIEUT.-COLONEL MABERLY TO UNDER SECRETARY HOPE. Sir, General Post Office, lst September, 1843. With reference to your Letter of the 20th April last on the subjcet of the Local Acts under which the rates of Postage are fixed and the Post Office Establish­ ments regulated in the various Australian -Colonies, I have now the honor to state, for the information of Lord Stanley, that, according to the existing Acts of Parlia- Absence of ment, the Postmaster General has the power of establishing posts in the Aus- difficulties in tralian Colonies, there will, therefore, be no difficulty in his Lordship taking upon accepting himself the superintendence of the Post Office Service in the Colonies, as soon as charge of the Lords of the Treasury shall so determine; as, however, there has appeared to the post-offices. Solicitor of this Department some doubt whether the Treasury could alter the rates of Postage already existing under the Acts of the Colonial Legislature, the Post Master General directed a case to be submitted to the Law Officers of the Crown on this point, and a copy of their opinion I beg now to transmit to enable Lord Stanley to communicate with the Lords of the Treasury as to the further proceedings to be taken. As soon as their Lordships' determination has been made, I beg you will have the goodness to communicate the purport for the information of the Post Master General. I have, ke., W. L. MABERLY, Secretary. [Annexure.] LEGAL OPINION. YOUR opinion is requested whether the Post Master General has the power by Law Legal opinion to establish Posts in the Colonies of Van Diemen's Land, New South Wales, Western re powers of Australia, and South Australia, or any of them? And whether rates of Postage, postmaster- different to those authorized by the above mentioned Acts or Ordinances, can be general. legally established'within such Colonies or any of them by Treasury Warrant under the 33d or 58th Sections of the 3d and 4th Victoria, Cap. 96 ? There is great obscurity about these Acts, and which is considerably increased by tfce interpretation clause of the Statute 3d and 4th Victoria, Cap. &6. We incline to think, however, on the whole that the Post Master General has the power to estab­ lish Posts in the Colonies named in the Query, and to establish rates of Postage dif­ ferent from those mentioned in the Colonial Ordinances. We think, however, that there is so much doubt upon the correct meaning of the Further provisions of the present Acts.of Parliament, that it would be highly desirable to legislation have some new Legislative enactment on the subject. FREDK. POLLOCK. recommended. Temple, 22d August, 1843. W. W. FOLLETT. [Enclosure No. 2.] MR. G. J. PENNINGTON TO UNDER SECRETARY STEPHEN. Sir, Treasury Chambers, 6th July, 1844, I am commanded by the Lords Commissioners of Her Ma- Correspondence jesty's Treasury, with reference to your Communication of the transmitted- 19th 'September last relating to the placing of the Post Office Estab­ lishments in the Australian Colonies under the management of Her Majesty's Post Master General, to transmit to you, in order that they may be submitted for the information of Lord Stanley, the enclosed copies of a letter from the Post Master General, dated the 27th January last, and of the reply thereto from this Depart­ ment of the 3rd February, also of a further letter from the Post Master General of the 18th April, and the Draft Bill therein re­ ferred to, and of the communication made to the Post master General in pursuance of this Board's directions on the 29th Ultimo. I have, &c, G. J. PENNINGTON. 696 HISTORICAL RECORDS OF AUSTRALIA.

1844, [Sub-enclosure No. 1.] 22 July. LORD LOWTHER TO LORDS COMMISSIONERS OF THE TREASURY. My Lords, General Post office, 27th January, 1844. Acceptance I have the honor to return the enclosed communication from the Colonial of control Office, received in Sir George Clerk's letter of the 22d September last, with the copies of colonial of the correspondence that accompanied it, relative to the proposition for placing post-offices. the Post Office Establishment in the Australian Colonies under the jurisdiction of the Post Master General in this Country; and I beg to acquaint Your Lordships that I am willing to assume the management of the Post Office in those Colonies, should the measure meet with Your approval; and that, on receiving Your Instructions to this effect, I will submit a Draft Bill prepared by my Solicitor, in which such clauses are inserted as will provide for the contemplated arrangement. I have, ke., [Sub-enclosure No. 2.] SIB G. CLERK TO LORD LOWTHER. Authority for My Lord, Treasury, 3rd February, 1844. acceptance. In reference to Your Lordship's letter of the 27th Ultimo on the subject of the correspondence whieh has taken place relative to the proposition for placing the Post Office Establishment in the Australian Colonies under the jurisdiction of the Post Master General in the United Kingdom, I am directed by the Lords Commis­ sioners of Her Majesty's Treasury to authorize Your Lordship to assume the manage­ ment of the Post Office in those Colonies ; and I am at the same time to acquaint you that My Lords approve of Your Lordship's intentions in having a Draft Bill pre­ pared in which such clauses are inserted as will provide for the contemplated arrangement. I have, &c, re u i -vr o -, G- CLERK. [Sub-enclosure AO. 3.] Submission LORD LONSDALE TO LORDS COMMISSIONERS OF THE TREASURY. of draft bill. My Lords, General Post Office, 18th April, 1844. In accordance with the directions contained in Sir George Clerk's letter of the 3rd February last, I have now the honor to transmit, for your Lordship's con­ sideration, the Draft of a Bill which has been prepared by the Solicitor of this Proposed Department under the contemplated arrangement for placing the Post Office Estab­ commission lishments in the Australian Colonies under the jurisdiction of the Post Master of inquiry. General of the United Kingdom. Whilst preparing to assume the controul of the Post Office Department in those distant Colonies, I beg to observe that I consider it very desirable, in order that full and accurate information may be obtained as to the Regulations, Rates of Postage, amount of Revenue and of Expenditure, etc., etc., in each Colony, that one or more competent persons should be forthwith dispatched from England with Instructions to visit each separate Colony, and to report in detail on the several points I have mentioned, and as to the mode in which the Post Office Duty generally is performed throughout Australia. Without a thorough knowledge of the System now in opera­ tion in every settlement, it will be impossible at this distance to carry out what is particularly required, the Establishment of one uniform system for the whole of the Australian Colonies; and, if it meets with Your Lordships' approval, I woulrl accordingly suggest that two gentlemen should be at once sent from this Country for the purpose of collecting the requisite information, and that the Deputy Post Master General of each Colony should be associated with them in a Commission of Inquiry for so long as the inquiry relates to that Colony. I have, ke., Approval "f LONSDALE. commission [Sub-enclosure No. 4.] of inquiry. SIR G. CLERK TO POSTMASTER-GENERAL. My Lord, Treasury, 29th June, 1844. Having laid before the Lords Commissioners of Her Majesty's Treasury Your Lordship's letter dated 18th April last enclosing the Draft of a Bill, which has been prepared by the Solicitor of Your Department, under the contemplated arrangement for placing the Post Office Establishment in the Australian Colonies under the jurisdiction of the Post Master General of the United Kingdom, I am commanded to acquaint you that My Lords approve of the course recommended by you of appointing a Commission to visit the Australian Colonies for the purpose of collecting the re­ quisite information as to the Regulations, Rates of Postage, amount of Expenditure, etc., etc., in each Colony. I have, &c Q. CLERK. [Sub-enclosure No. 5.] [This was a printed copy of "A Bill intituled, An Act for the better Regulation of Colonial Posts."] GIPPS TO STANLEY. 697

[Enclosure No. 3.] 1844. 22 July. LIEUT.-COLONEL MABERLY TO UNDER SECRETARY STEPHEN. Sir, General Post Office, 10th July, 1844. The Lords of Her Majesty's Treasury having given their Appointment sanction to a proposition of the Postmaster General for appointing °J ?°™™fion a Commission consisting of three individuals to enquire into and report upon the Post Office Establishments in the Australian Colonies about to be placed under his Lordship's control, I am desired to acquaint you, for the information of Lord Stanley, that the Postmaster General has nominated to that Commission Mr. Edward Dixon James and Mr. Robert Richard Smith of this depart­ ment, and that it is proposed to associate with those gentlemen the Postmaster General of each Colony, if possible, so far as relates to his jurisdiction, in order that the fullest and most complete in­ formation may be obtained. His Lordship, therefore, begs you will request Lord Stanley to apprize the Governors of the respective Australian Colonies of the appointment -and objects of this Commis­ sion, with instructions to afford every facility in their power to the Officers of whom it is composed. I am directed to add that the Commission as at present sane- scope of tioned will embrace the Colonies of New South Wales, including commission. Port Phillip, Yan Diemen's Land, Western Australia and South Australia; and I beg also to point out that it will be expedient to send out Duplicates of these Instructions by the Vessel which carries out the Officers of this Department, in order that they may experience no delay in commencing their enquiries, should the original Despatches fail by any accident in reaching their destination. I have. &c, SIR GEORGE GIPPS TO LORW.D L.STANLEY MABERLY. , Secretary. (Despatch No. 154. per ship Ganges.) My Lord, Government House, 22d July, 1844. Having made the enquiries directed in Your Lordship's Reply to P Despatch, No. 186 of the 16th Febr., 1843, respecting a sum of 0? j. Acres. money (£3) alleged to have been remitted by Sarah Acres to her Mother, Jane Acres, a Widow residing at Tullamore in King's County, Ireland, I have the honor to enclose herewith a Copy of a letter on the subject, which has been addressed to the Secretary of the Colony by Mr. Macready, who is a Clerk in his Office. I have ascertained that Sarah Acres was lately in the service Employment of Mr. John Wiseman, who resides at or near Patrick's Plains ol S' Acres' on the Eiver Hunter in this Colony; but, though I have caused a letter respecting her to be addressed to Mr. Wiseman, I have as yet received no reply to it. I have, &c, GEO. GIPPS. [Enclosure.] [A copy of this letter is not available.] 698 HISTORICAL RECORDS OP AUSTRALIA.

1844. SIR GEORGE GIPPS TO LORD STANLEY. 23 July. (Despatch No. 155, per ship Ganges.) My Lord, Government House, 23rd July, 1844. Approval of Agreeably to the instructions contained in Your Lord- suplXtendSen0ts ship's Despatch, No. 174 of the 27th Novr., 1843, I have con- of hospitals. ferred with the Principal Medical Officer in this Colony (Dr. Dawson) on the subject of the Instructions addressed to him by the Director General of the Army Medical Department; and I have to report to Your Lordship that, having read and considered those Instructions, they appear to me well adapted to meet the requirements of the service, and that I do not see that any altera­ tions or modifications are required in them. T have &c.

GEO. GIPPS. P.S.—I am happy to say that, since Dr. Dawson's arrival, all matters connected with the Medical Department have gone on smoothly and well.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 158, per ship Ganges; acknowledged by lord Stanley, lst January. 1845.) 26 July. My Lord, Government House, 26th July, 1844. Resignation I think it right to report to Your Lordship that, in the of members for months of February and March last, two of the Members of the Port Phillip and election Port Phillip District, namely, Mr. Condell and Mr. Thompson, of successors. resigned their seats in the Legislative Council under the 15th Clause of the Act for the Government of the Colony, 5th and 6th Vict., Ch. 76, and that Sir Thomas Mitchell, the Surveyor General, and Mr. Adolphus Young, the Sheriff of the Colony, were elected to succeed them. But, though the number of Government Officers in the Council is thus increased by two, I scarcely expect that the Government will derive any additional strength from their having seats in it. Opposition of I have incidentally had occasion already to shew to Your Lordship Sir T. Mitchell that the Surveyor General has (and I may say systematically) and A. Young to executive. opposed himself to the views of Her Majesty's Government in respect to the Administration of the Lands of the Crown; and Mr. Young is also understood to have pledged himself to the same course at the time of his Election. Both these gentlemen absented themselves from the Council on the discussion of the District Councils Bill, which took place last night I have, &c, GEO. GIPPS. STANLEY TO GIPPS. 699

LORD STANLEY TO SIR GEORGE GIPPS. 1844. (Despatch marked " Separate," via Melbourne; acknowledged by 27 July' Sir George Gipps, 13th December, 1844.) Sir, Downing Street, 27th July, 1844. My Despatch* to Sir John Franklin of the 25th of No­ vember, 1842 (of which a copy will be found in the accompanying parliamentary papers) contains as full an explanation as it was in my power to give of the system which Her -Majesty's Govern­ ment proposed to adopt for the management of Convicts trans- Principles for ported to the Australian Colonies. Of that system the two main oTcoracts" principles were,first, tha t each Convict should undergo a severe punishment consisting in great part of a Life of seclusion from Society at large, and, Secondly, that this punishment should be progressively mitigated in such a manner as to afford an. in­ vigorating hope of further relief, and an animating motive to good conduct, until the Convict should at length be restored to all the privileges of his fellow subjects. It was a part of this Scheme that the Convicts sentenced to comparatively short periods of Transportation should undergo the penalty of seclu­ sion in the reformatory Prisons established at Parkhurst and at Pentonville. That Term accomplished, it was intended that they should be sent to Van Diemen's Land; the better conducted to receive at once Tickets of Leave, the others to be placed in the Probation Gangs or among the holders of Probation Passes. Eelying on information the highest and most authentic at that Expectations of time within our reach, Her Majesty's Government concluded that j^boTd™™ the demand for the labour of the Holders of Tickets of leave in £* ^Itm* Van Diemen's Land was such that there was no reason to appre­ hend any deficiency of employment there at such a rate of wages as would secure to an industrious and effective workman comfort­ able means of subsistence. Accordingly, on the opening of Pen­ tonville prison, assurances of such employment and of such wages were given to each of the Convicts placed there, and, as a motive for their good conduct, this promise was printed on a placard which was hung up in each separate Cell. The intelligence, which has recently reached me from Van Die- men's Land, unfortunately shows that the information on which we relied was inaccurate, and that so far from being entitled to count on a steady and effective demand for labour to an indefinite want of extent in that Colony, it was found impossible, so lately as the f^TaSmn^a month of March last, to procure employers for the Convicts who were then passing in great numbers into the stage in which they were entitled to receive the rewards of their labours. Such in­ deed are the accounts from Van Diemen's Land on this subject, that Her Majesty's Government are compelled to admit the

* Note 68. 700 HISTORICAL RECORDS OF AUSTRALIA.

1844. conviction that, if prisoners from Parkhurst and from Pentonville 27 July. should be sent thither, the effect must be to throw them upon the Government alone for support and to place them virtually among Convicts of a lower or less advanced stage. Thus the promise, which has been made to these persons, could not be fulfilled; and, by adopting that course, we should have to encounter the many and intolerable evils consequent upon a breach of the public Faith. Necessity This disappointment has compelled us to review the plans for review formed, and the arrangements hitherto contemplated respecting of plans. the disposal of Convicts who shall hereafter pass favorably through the period of seclusion in the Reformatory Prisons of Parkhurst and Pentonville, or in any similar Prisons which may be hereafter established. Practical The effect of that discipline on the minds of those who are effects of subjected to it, as far as the experiment has hitherto proceeded, disciplinary measures. is to produce a very deep apparent impression partly religious and partly prudential of the evils of their former course of life, with a corresponding apparent solicitude to assume more virtu­ ous and orderly habits. How far such impressions, induced by much instruction and long solitude, would survive a free inter­ course with the Convict Society in Van Diemen's Land, or how far they would encounter successfully the debasing effect of regarding themselves and of being regarded by others as Mem­ bers of a degraded class seems very doubtful. It is an experiment which for every reason we should be most reluctant to try, if such a trial can be avoided. Proposed The result of our deliberations on the subject isfirst o f all transfer of to convince us that there is no sufficient reason why the better prisoners from English prisons class of Prisoners, who have served the prescribed period of as exiles. secluded punishment at Parkhurst and Pentonville, should be transported as Convicts at all. We apprehend that they may with equal advantage to Society at large and with greater benefit to themselves be sent to Australia as Exciles. That is, it appears to us that this Class of persons should leave this Country with Free pardons qualified only by the condition of their not re­ turning hither until the expiration of their Sentences. Exiles sent to In pursuance of this design, 21 of these prisoners (a List of Port Phillip. whom I subjoin) are about to embark in the ship " Eoyal George " bound for Port Phillip. They sail under the charge of Mr. Yaldwyn, who has made himself responsible to Her Majesty's Government to provide them with Work at an adequate rate of Wages for one year on the terms stated in a Letter from that gentleman to Sir James Graham, of which I enclose a Copy. STANLEY TO GIPPS. 701 If it had been in my power to dispose in the same manner of 1844. the other Prisoners comprized in the same class, I should gladly have done so. But I have no reason to anticipate that any tender will be made in this country for living the rest of them in any of Her Majesty's Australian Colonies. It is, however, proposed at no distant period (probably within Proposed ship- six weeks from the present time) to take up a Vessel for the conveyance of a large body of prisoners from Pentonville and Parkhurst, who will be most conveniently distinguished by the term "Exciles." They will leave this Country with pardons restricted by no condition but that of their not returning to the United Kingdom until the expiration of their respective Sentences. It is proposed that the Ships hereafter conveying Exciles Ships ™^ shall resort to Launceston, there to await and obey such orders orders at as may be given for their guidance by the Superintendent of Launceston- that District. The motives, which suggest this arrangement, are as follows:— Launceston is the Station of all others the most centrical, to Reasons for which such Yessels could be directed. From that port, there is Launceston. a greater facility of access than from any other to the various Colonies and settled Districts of Australia. At Launceston, therefore, it will he better known than any where else what demands for labour exist in any of those Colonies or Districts, and from Launceston the Vessels in question will be able to repair with greater facility than from any other place to the ports at or near which any such demand may be prevailing. But it is, of course, to be carefully considered what is to be instructions done with these Exciles in the event of no effective demand 0f exiles. existing for their labour in any of the Australian Colonies at the time of their arrival at or off Launceston. We have weighed that question with full and lively remembrance of the uncertainty and liability to error of all speculations on such a subject at this great distance from the scene of action; and, under the influence of that recollection, I am unwilling to write any instructions but such as are entirely subject to revision and, if necessary, to cor­ rection -by the local Authorities most competent to consider and to decide such questions. Subject to this remark, I will proceed to explain the course of proceeding with regard to Exciles who may arrive in future ships, which we think ought to be adopted in the contingency of no effective demand being known at Laun­ ceston to exist for their labor in the Australian Colonies. In any such a contingency, it has appeared to Her Majesty's Proposed new Government that the proper course would be to form a separate f^exHes* settlement of Exiles at some place on the Coasts of the Colony of Jfew South Wales most favorable for the maintenance of a 702 HISTORICAL RECORDS OE AUSTRALIA.

1844. Depot of Laborers. At any such place, the Exiles placed under 27 July. the charge of a Superintendent, who would accompany them on Proposed new their voyage, might be supplied by the Commissariat with pro­ settlement for exiles. visions until they could raise enough for their own subsistance. There, also, they might be supplied in the same manner with the necessary means of erecting Huts and of otherwise providing for their temporary habitation. From any one or more of such Depots, the Exiles might be transferred to any places at which a demand for their labor might arise, or they would of course be at liberty to migrate, it being clearly understood that the result of any such voluntary migration would be the abandonment on their part of all further claims on Her Majesty's Government for subsistence. Until any such migration had actually taken place, there is no apparent reason why these persons should not live at the Depot under the ordinary restraint and protection of the Law, maintaining themselves by their own labor as has so continually been done by the other Settlers in the Australian Wilderness. Difficulties But, although such is the general solution of the question as of proposal. to the mode of disposing of any such persons in the absence of any effective demand for their labor, I am well aware that the course, which I have thus indicated, might if really pursued give birth to many difficulties which it is impossible either to obviate or anticipate in this country. I fear that it would be scarcely possible even for the Governor of any one of the Australian Colonies to take a complete view of such difficulties or to devise a perfect security against them. It has appeared to me, therefore, Proposed highly desirable that the Governors of New South Wales and conference Van Diemen's Land and the Superintendent of Port Phillip of governors at Melbourne should all meet together to confer and, provisionally at least, to re exiles. decide upon the 'best mode to be taken to provide for the recep­ tion and employment of Exiles from this Country. Port Phillip appears, atfirst sight , the most convenient station for such a Conference; but, whether the Meeting be fixed there or at some other place more convenient for all parties, I should wish it to be held as soon as the necessary arrangements can be made for that purpose.

Principles for For the guidance of your deliberations it will be necessary that consideration. you should carefully advert to the following facts and con­ siderations :— First. Her Majesty's Government hold it indispensable that within the Australian Colonies receptacles should be found for all the Convicts and Exciles who may be sent from this Country STANLEY TO GIPPS. 703 in execution of Judicial Sentences. This is so momentous an 1844. object of National policy that we can acknowledge no conflicting !Ly' motive as of sufficient importance to supersede it. Pon Motion Secondly. Her Majesty's Government regard it as indispensable that provision should be found or made for the maintenance in a state of freedom of that particular class of Convicts, whom I have designated as Exciles. And that they should be exempted not only from the severe lot of other Convicts, but as far as pos­ sible from the temptations incident to an habitual association with them. For this purpose, we are willing to incur every unavoidable expense. Thirdly. We think, however, that the expence ought not to be great. They are persons of whom we have every reason to believe that they require no particular restraint or costly superintend­ ence; and, in the extensive Territories of The Crown in Aus­ tralia, it seems scarcely doubtful that such persons could either find adequate employment at a sufficient rate of wages, or, by forming a Settlement apart, earn their own subsistance by the cultivation of the soil. Fourthly. Each of these Persons has been instructed and will be found moderately skilled in some mechanical art. This may, at once, facilitate their obtaining employment or the formation of a separate Settlement. Fifthly. In many cases, we have reason to hope that the wives and children of these Men will be sent out to them at the expense of the Parishes to which they belong. The number of persons, who may be expected annually to proceed to the Australian Colonies as Exiles, is considerable. It is probably not less than Five hundred. Sixthly. It is proposed, until we shall be in possession of a report of the results of the proposed conference, that all Vessels carrying Exiles shall be destined to Launceston, there to await the orders which the superintendent will give for their ulterior destination. Those orders will, of course, be in accordance with the results to which the joint deliberations of the respective Gov­ ernors may lead. Hereafter, when fully in possession of their views on the subject, Her Majesty's Government will direct the Vessels to shape their course and proceedings accordingly, if (as I have no reason to doubt) the views of Her Majesty's Confi­ dential advisers, as to the disposal of this class of persons, shall coincide with the views of the respective Governors. In thus transferring to the Governors of the Australian Confidence in Colonies the decision or at least the provisional decision of a ^conference. question so deeply affecting the interests of Public Justice in this Kingdom, I at once frankly acknowledge and cheerfully yield 704 HISTORICAL RECORDS OF AUSTRALIA.

1844. to the necessity which the great distance of the scene of action 27 July. imposes on Her Majesty's Government of delegating to Her Ma­ Confidence in jesty's Principal Officers there the execution of this trust. I am deliberations of conference. well convinced that it will be executed with a comprehensive view to the various interests at stake, and to their relative importance; nor do I doubt that it will be hereafter in the power of Her Ma­ jesty's Government to acknowledge that the course, which shall be actually pursued, was the best which under all the circum­ stances of the case it was competent to you to follow. I address this Dispatch to the Governor of New South Wales, the Lieut. Governor of Van Diemen's Land and the Super­ intendent of Port Phillip by the same conveyance. Each of them will, therefore, consider it as addressed to himself, and will under­ stand it as being addressed to the two • neighbouring Authorities. I am, &c, [Enclosure.] STANLEY. MR. W. H. YALDWYX TO SIR JAMES GRAHAM. Sir, 2 Lee Terrace. Blackheath. 12th July, 1844. Agreement Being about to proceed to Port Phillip in Australia, I am to accept convicts from desirous to receive into my Service 21 of the Convicts at Penton­ Pentonville. ville Prison about to receive a Conditional Pardon on their pro­ ceeding to the Colony of New South Wales. I am willing to find them employment for one year from the date of their landing (so long as they conduct themselves well) at the rate of Wages then current in the Colony. The Ship I proceed in (the Royal George) will sail from Ports­ mouth on the 23rd instant. I beg to call your early attention to this circumstance, in order that no time may be lost. I have. &c. WM. HY. TALDWVN. SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 150, per ship Ganges; acknowledged by lord Stanley, Tth January, 1845.) Sir, Government House, 27th July, 1844. Resignation I am sorry to inform Your Lordship that, on the 23d in­ of H. Elwin stant, Mr. Hastings Elwin resigned his Seat in the Legislative from legis­ lative council. Council of this Colony, assigning as his reason for so doing that he found his attendance in Council to interfere with the due performance of his duties as Resident Director of the " Trust Company," and informing me at the same time that the Directors of the Company in England did not approve of his occupying a Seat in Council. Regret at I very greatly regret the loss of Mr. Elwin's services, as, during resignation. the time he occupied a Seat in the Council, he has shewn himself a most able and consistent supporter of my Government. I have appointed, subject to Her Majesty's Pleasure, Mr. John Bayley GIPPS TO STANLEY. 705 Darvall to the Seat in Council vacated by Mr. Elwin, and beg 1844. leave to recommend him for confirmation by Her Most Gracious ' u y' Majesty. Mr. Darvall is a Barrister, and one of a large family which Family of came to this Colony in 1839. He has a Father, formerly a Major of Dragoons, two Brothers and three married sisters settled in the Colony, besides other relatives or connexions. Having failed (as reported in my Despatch No. 139 of the Reasons for om 9th instant) in my attempt to get the Solicitor General into J ™D*r°"n' Council, I have felt the necessity of appointing a Barrister to the Seat vacated by Mr. Elwin; and the more so since I have been deserted by Mr. Lowe, from whom, as stated in my Despatch, No. 183 of the 10th November, 1843, I expected the most effectual assistance. Mr. Lowe, both before and after his appointment, voluntarily pledged himself to resign his Seat whenever he found that he could not conscientiously support the Government. Politics of Nevertheless, he has recently opposed me on the Squatting ques- ' owe' tion, and has become a Member of the Pastoral Association. It will also be seen, by my Despatch marked Separate of this day's date, that he joined the majority in throwing out the District Councils' Bill. I fear it is too late to recommend that his appointment should be disallowed. I have, &c, GEO. GIPPS. SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 160, per ship Ganges.) My Lord, Government House, 27th July, 1844. I have the honor herewith to enclose a Copy of the Esti- Transmission mates for 1845, which I laid before the Council on the 18th in- of estimates. stant, as also a Copy of the Financial Minute which accom­ panied them. The Bevenue of the Colony in 1843 (exclusive of that derived Decline in from the sale of Land) fell short of the Revenue of 1842 by revenue' £68,500; but it nevertheless exceeded the whole expenditure of the Colony (exclusive of Immigration) by £10,099 12s. 7d. The Estimates for 1845 amount, including the Civil List (or Estimates of Schedules), to £266,87-5 2s., being £63,617 19s. 5d. less than the exPenditure' Estimates submitted to the Council for 1844, and £39,432 lis. lOd. less than the expenditure for 1843. The ways and means for 1844 are estimated by the Auditor and of revenue; General at £290,280; but, when I take into consideration the very uncertain state of the Revenue, I can scarcely adopt this Officer's calculation; and I greatly doubt whether we can with safety reckon on any excess of Revenue over the estimated expenditure of £266,87SER. I.5 2sVOL.. XXIII—2 Y 706 HISTORICAL RECORDS OP AUSTRALIA. 1844. I have further to observe that, the Estimates being formed on 27Juiy. tjie principies ja{(j down in the Constitutional Act of the Colony, Expenditure an expenditure of about £20,000 for Police and about £14,000 for education?11 Education is left to be provided for by the District Councils; but, as the Legislative Council has thrown out (see my Despatch No. 161 of this day's date) all the Bills, which I introduced re­ lating to the District Councils, they will not be in a condition to raise these sums. It is probable that the Legislative Council will again propose to me, as they did last year, to defray the whole expenses of the Police out of the General Revenue; but, setting aside other con­ siderations, it is extremely doubtful whether I shall have the means of so doing, unless the amount of the Estimates be other­ wise reduced. Action required As the rejection of the District Councils Bill only took place o"dtotrict°n the night before last, I am not as yet prepared to state the councils bill. course which I may feel it my duty to adopt, according to the contingencies which may arise. In my Minute, I have touched on two subjects which are only incidentally connected with the Finances of the year; the first Problems has reference to a lately revived charge against the Government consideration. °^ *he breach of a " Compact,"* said to have been entered into by Sir Richard Bourke in the year 1835; the other is connected with the Squatting question, and has reference to the assessment raised on Stock depastured on Crown Lands; but, on neither of these subjects, does it seem to me necessary that I should herein trouble Your Lordship. I have,-&c, [Enclosure.] GEO. GIPPS. [Copies of these estimates were printed in the " Votes and Pro­ ceedings" of the legislative council.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 161, per ship Ganges.) My Lord, Government House, 27th July, 1844. Bills »-e district I have the honor to enclose herewith printed Copies of mitteCd andb" tliree Bills+ relating to District Councils, which I lately presented reiected. to the Legislative Council in the manner pointed out by the 30th Clause of the 5th and 6th Vict., ch. 76; and I have to report that the whole of these Bills were, on the motion for their second reading, rejected by the Legislative Council on the day before yesterday. Thefirst an d chief of these Bills was of a general nature, and necessary to enable the District Councils effectually to proceed * Note 69. t Note 70. GIPPS TO STANLEY. 707 to business. The third and fourth clauses of it, for the reduc- 1844. tion of the qualification of Members, were of vital importance, " Ly' Gel r d b i11 as, in consequence of the high amount of the qualification fixed ]? | . t by Parliament, a large number of the persons, whom I appointed councils. by Charter to be the first Memibers of the Corporations, have declared themselves not to be qualified, and refused to act, The second Bill, intituled "A Bill to settle the proportions in Bill re district S s ments Ior which money shall be raised'in each District of the Colony by p 0 fiCe assessments for the purpose of defraying half the expense of maintaining a Police Force," was, as its Title and preamble declared, supplementary to the 47th Clause of the Act for the Government of the Colony, and is the Bill alluded to in my Finan­ cial Minute laid before the Council with the Estimates for 1845 (see my Despatch No. 160 of this day's date). The third Bill was one merely intended to correct an acci- Campbelltown P dental mistake in respect to the election of Councillors for a Qistrict couneii District called " Campbelltown and Appin." The rejection of it MI. is only important, as shewing the determination of the Council to entertain no measure bearing in any manner on the District Councils. I enclose a Copy of a Newspaper* containing an account of the Account of proceedings in Council on the occasion of the rejection of these f^^n^jj88 Bills; and, though the Speeches are, I understand, much cur­ tailed and very imperfectly given, the tone and temper of the debate may, I 'believe, be not incorrectly gathered from this Publication. These Bills having been rejected only on the evening before last, and an opportunity offering today for England, I am scarcely prepared to enter on any speculations as to the consequences which the rejection of them may lead to. I will confine myself Effect of rejec- to two remarks,first, that the Council has by the rejection of tlono'mlls- thefirst Bil l deliberately, and indeed for the second time, refused to afford any aid in rendering effective the District Councils, which form a part of the Constitution given to the Colony by the Imperial Legislature; and, by the rejection of the second Bill, it has placed itself in direct opposition to the enactments of the 47th Clausef of the Act, to which that Body owes its existence. The course, whieh I shall myself pursue, must depend a great deal on the nature of the emergencies which may arise; but, as I consider the preservation of the Peace of the Colony to be my General policy first duty, I shall use my utmost endeavours to avoid an open §[° Q^ipps. rupture with the Council, and adopt no proceedings of an ex­ treme character. I may remind your Lordship that, owing to the misprint in the 48th Clause of the Act of Parliament, which I pointed out in my

*Note 71. t Note. 72. 708 HISTORICAL RECORDS OP AUSTRALIA.

1844. Despatch, No. 168 of the 14th October, 1843, I have it not in my 27 July. power to avail myself of the remedy, which it seems to have been the intention of Parliament to provide for an occurrence like that which has happened. Reasons for It is I believe the apprehension of increased taxation which opposition chiefly in the Colony makes the District Councils unpopular; but to district councils. I may add that a sort of vague idea is prevalent that, by opposing the formation of them, the object may be attained for which the Colony has been so long striving, namely, the payment by ths Home Government of a portion of the Police Expenses. I have, &c, • GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch marked " Separate," per ship Ganges.) My Lord, Government House, 27th July, 1844. Rejection The District Council Bills, which form the subject of my of district Despatch No. 161 of this day's date, having been rejected by a council bills. Majority in the Legislative Council of 14 to 7, it seems to me desirable that I should explain to Your Lordship how it happened that, in a Council in which there are twelve Crown Nominees, the Government could on so important an occasion muster no more than 7 votes. This I accordingly propose to do in this separate Despatch. Division list. The division 14 against 7 was as follows:—' For the Government.—The Colonial Secretary, The Colonial Treasurer, The Attorney General, The Auditor General, Official Nominees of the Crown; Mr. Darvall, Unofficial Nominee; Mr. Therry, Doctor Lang, Elected Members. Against the Government.—Mr. Berry, Mr. Lowe, Unofficial Nominees of the Crown; Mr. Bowman, Mr. Bradley, Mr. Cowper, Mr. Foster, Mr. Lord, Mr. Lawson, Mr. Murray, Dr. Nicholson, Mr. Panton, Mr. Robinson, Mr. Suttor, Mr. Windeyer, Elected Members, Absent.—The Commander of the Forces, The Collector of Cus­ toms, Official Nominees of the 'Crown; Mr. Blaxland, Mr. Hamil­ ton, Mr. Icely, Unofficial Nominees of the Crown; Mr. Bland, Mr. Dumaresq, Mr. Wentworth, Mr. Walker, Elected Members, generally opposed to the Government; Mr. McArthur, Mr. Cog­ hill, Elected Members, not generally opposed to the Government. On the above Lists, I feel it necessary to offer the following remarks:— Political The Commander of the Forces Has, since the resumption of opinions of Sir his Seat (see my Despatch No. 139 of the 9th instant), scarcely M. O'Connell. attended in Council. He was, however, understood to be opposed GIPPS TO STANLEY. 709 to the District Council Bill, and voted against a Bill, which I 1844, introduced in 1843 for the sole purpose of reducing the quali- uIy' fication of Members, but which was thrown out for the avowed purpose of shewing that the Council would do nothing which had a tendency to make the District Councils effective. The Collector of Customs, Absent from illness. Mr. Berry, Though a Nominee of the Crown, votes almost uni- Opinion re versally against the Government. He is one of the Chief opposers bills of of District Councils, having a wide extent of Land which he fears A- Berry; will be taxed. Mr. Lowe. Of the conduct of this gentleman, I have spoken in of R. Lowe; the concluding part of my Despatch, No. 159 of this day's date. At the time of his appointment, he, without any solicitation on my part, distinctly pledged himself to resign his seat when he could no longer support the Government; and he was most loud in denouncing as dishonorable the conduct of Mr. Berry and Mr. Blaxland in retaining their seats as nominees of the Crown and voting against the Government. I should not now hesitate to call on Mr. Lowe to redeem his repeated pledges, did I think it advisable or politic to do so. Mr. Lowe's appointment to the Council is one of the acts of my Government, which I have had most reason to be sorry for. Mr. Hamilton, Mr. Icely. These gentlemen were absent on of E. Hamilton private affairs; but they would, if present, have voted with the ce y' Government. Sir Thomas Mitchell (Surveyor General) Mr. Adolphus Young and of (Sheriff). These gentlemen would, I have no doubt, have voted and A. Youns. against the Government, had they not thought it imprudent so t0 do- I have, &c, • GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 162, per ship Haidee; acknowledged by lord Stanley, 20th March, 1845.) My Lord, Government House, 28th July, 1844. 28 July. I have the honor herewith to transmit to your Lordship Transmission a Petition to Her Most Gracious Majesty the Queen, setting forth °e affairsTn the circumstances under which the authority of Flis Majesty the Tahiti- King of the French has recently been established in the Island of Tahiti, and praying that the authority and influence of Her Majesty may be interposed for the reinstatement of Queen Pomare in her rightful sovereignty, and the maintenance of the independence of the Island of Tahiti. 710 HISTORICAL RECORDS OP AUSTRALIA.

1844. The Petition is signed by upwards of 4,000 persons, amongst 2 "/' whom are very many of the most respectable of the Colonists of Sisnatodes jq-ew South Wales.; and I feel that I ought not to forward it with­ to petition. out assuring Your Lordship that the case of Queen Pomare has excited, amongst all classes of persons in this Colony, feelings of the deepest sympathy and regret. I have, &e., GEO. GIPPS. [Enclosure.] Petition for THE Humble Petition of the undersigned Members of the Legis- Pomareas" lative Council, Ministers of Religion, Magistrates, Mer- queenof.and chants, Landed Proprietors, and other Inhabitants of Xew for maintenance '.^ r ' of independence South Wales, To Her Most Gracious Majesty Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. Sheweth, That, in the year 1767, the Island of Tahiti was discovered by Captain Wallis, Commander of the British Man of War "Dol­ phin," and taken possession of in the name of your Majesty's venerated predecessor, George the Third, after whom it was called " King George the Third's Island." That, in the year 1796, a body of Missionaries with their families, consisting of thirty-six Adults, besides Children, were sent to Tahiti from Great Britain, to instruct the Natives in the great truths of Christianity, and that, after many years of arduous exertions, these Missionaries were eventually successful in rescuing the entire people from a state of barbarism and idolatry, and raising them to a comparatively high degree of Civilization. That, in the Commissions of Governor Phillip and of the suc­ ceeding Governors of New South Wales, the jurisdiction of the Governor of this Colony was described as extending from Cape York, in the latitude of 10 degrees 37 min. South, to South Cape in latitude 43 deg. 9 Min. and comprehending all the Islands adja­ cent in the Pacific Ocean within the latitudes of these Capes, thereby including Tahiti within the limits of this Government; and that several of the said Governors accordingly appointed Magis­ trates to act in that Island, Mr. Jefferson having been appointed by Governor King a Magistrate for the said Island in the year 1802, and Mr. William Henry, in the year 1811, by Governor Macquarie. That, in the year 1813, Governor Macquarie issued a Proclama­ tion to the effect that the Natives of New Zealand, of Tahiti, and of the other Islands in the South Pacific Ocean, were under the protection of His Majesty. That the Tahitian Government, the British Missionaries, and the numerous British Traders visiting Tahiti, have uniformly acted upon the persuasion that the inhabitants of that Island were under the protection of the British Crown; and that this persuasion was greatly strengthened by an official document addressed to King Pomare, the father of the present Queen of Tahiti, by the late Mr. Canning, of date the 3rd March, 1827, intimating that His Majesty " would be happy to afford to Pomare and his dominions all such protection as His Majesty could grant to a friendly power at so remote a distance." GIPPS TO STANLEY. 711 That, Queen Pomare having, in the exercise of her undoubted 1844. sovereignty as an independent power, prohibited the residence of 28 July. certain French Missionaries within her Territories in the year 1S36, p ...: jT but without violence to their persons or their property, offence restoration of was taken on the part of his Government by the French Admiral Pomare as in the Pacific; exorbitant demands of pecuniary compensation were queen of, and made and enforced upon the Tahitian authorities, and that these oi'ind^pendence demands have subsequently been followed by a series of acts of of Tahiti. aggression and violence on the part of the French Government, issuing in the dethronement of Queen Pomare, the entire subversion of the Native Government of Tahiti, and the establishment of a sovereign authority* in the Island in the hands of the French. That such acts of violence and usurpation in a time of peace, and committed upon a free and independent, although feeble and defenceless State, relying upon British protection, are utterly irreconcilable with the character of an honorable and chivalrous people like the French, as well as with the just claims which the Queen of Tahiti had upon the friendship and assistance of the British nation. Your Majesty's Petitioners, therefore, sincerely disclaiming any desire for the acquisition of Territory or of Sovereignty for Great Britain in the Island of Tahiti, but feeling that the honor of the British name, and the great interests of Justice and humanity, as well as of Commerce and Civilization, require that the sovereignty and independence of the Tahitian State should be maintained, humbly pray that the influence and authority of Your Majesty may be interposed iSIn Rsuc GEORGh manneE GIPPr aS sT tO oLOR YouDr STANLEYMajesty. may seem ex­ pedient(Despatc, for thhe Noreinstatemen. 163, per tshi opf HaideeQueen ;Pomar acknowledgee in hedr brightfuy l Sovereignty. lord Stanley, 22nd February, 1845.) AnMyd LordYour, Petitioners, aGovernmens in duty boundt House, wil,l lsevet rAugust pray, etc, 1844. . .i Aug. I have the [Herehonor followherewit theh tsignatures.]o forward a Petition, which Transmission has been addressed to Her Most Gracious Majesty by numerous of petltlon- persons professing the Boman Catholic Beligion in this Colony. The object of the Petition is to complain of the exclusion of Soman Catholics from the Jury on the occasion of the late State trialsf in Dublin. I have, &c, [Enclosure.] GEO. GIPPS. THE Humble petition of Your Majesty's Roman Catholic Subjects petition re in the City of Sydney in the Colony of New South Wales, g^011 o£ To Her Most Gracious Majesty Victoria. Queen of Great Britain Catholics from • and Ireland, ju.ry,at48rtt^v Humbly Sheweth, trial, at Dublin. We, your Majesty's most dutiful and loyal subjects, In­ habitants of your youthful city of Sydney, and professing the * Note 73. t Note 74. Roman Catholic Religion, beg leave to approach your Majesty as 712 HISTORICAL RECORDS OF AUSTRALIA.

1844. the common Sovereign and Protectress of all your subjects to ex­ 1 Aug. press to your Majesty our deep sense of the importance of the prin­ Petition re ciple, sanctioned and established on the passing of the Emancipation exclusion of Act, that our Religion should no longer be a bar to our full and free Roman Catholics from enjoyment of those civil rights and privileges, of which we had jury at state so long been deprived, under unjust and erroneous imputations on trials at Dublin. its tenets, and to declare that we cannot but view, with jealousy and with alarm, the late acts of the Law officers and Legal advisers of your Majesty's Government in Ireland, whereby sixty three names were omitted from the Special Jury List in the City of Dublin in last year, and whereby all Roman Catholics were ex­ cluded from the Jury impannelled for the late State Trials in that City. We, therefore, humbly pray that Your Majesty will be graciously pleased to provide that this infringement of a Solemn Compact and violation of a Sacred Right (the purity of trial by Jury) shall not be drawn into a precedent, but that measures may be taken to pre­ vent their recurrence so that in all cases equal Justice may ever be distributed to all your Majesty's subjects without religious dis­ tinction. And your Petitioners will ever pray. [Here follow 1,320 signatures.] LORD STANLEY TO SIR GEORGE GIPPS. (Despatch per ship Morayshire; acknowledged by Sir George Gipps, 23rd April, 1845.) 5 Aug, Sir, . Downing Street, 5th August, 1844. Inquiry I transmit to you herewith a Copy of a Letter from the transmitted. person described in the margin,* containing an application for information relative to Mr. Blackston, who is stated to have Emi­ grated to the Colony under your Government; and I have to request that you will transmit to me such information as you may be able to obtain on the subject' of the enquiry. I have, &c, [Enclosure.! STANLEY. MR. W. W. WOODWARD TO LORD STANLEY. Tavistock Hotel, My Lord, Covent Gardens, Tuesday, 2d July, 1844. Request for May I request the honor of being informed by your Lordship report re Blackston. whether a Gentleman, named Blackston or Blaxton,filled a n official appointment in Botany Bay or New South Wales about the year 1814, Whether he is living or dead, whether he married a Lady named Andrews prior to his leaving England, and whether anything is known of him or his Wife's family at the Colonial Office. The object, I have in view in troubling Your Lordship with these en­ quiries, is to ascertain if practicable a clue by which to trace Mr. Blackstone's heir at Law or personal representative if he be dead, and any information with respect to his family, that your Lordship will obligingly furnish me with, will be most acceptable. I have, &c, * Marginal note.—Mr. WoodwardW. WlLTO. W WOODWABD. GIPPS TO STANLEY. 713

SIR GEORGE GIPPS TO LORD STANLEY. 1844. (Despatch No. 166, per ship Haidee; acknowledged by 5 Aug' lord Stanley, 17th February, 1845.) My Lord, Government House, 5th August, 1844. I have the honor to forward herewith a Copy of a letter, Request for which I received on the 2d instant from Governor FitzEoy, repre- Ssi'starfce in senting to me various occurrences of a serious nature which had New Zealand. taken place in New Zealand, especially at the Bay of Islands; and very earnestly begging that Military assistance might be afforded to him from this Colony. I lost no time in bringing Capt. FitzRoy's application before Military my Executive Council; and, on the evening of the second day to^NevSTzeaiand! after it was received, the Vessel sent by Capt. Fitzroy was ready to proceed on her return to New Zealand with a Party of 150 men of the 99th Regiment, under the Command of Lieut. Colonel Jackson. For further particulars, I beg to refer Your Lordship to the accompanying Copy of my reply to the letter addressed to me by Governor FitzRoy; and also to the Copy of a Minute which was made upon the occasion by my Executive Council. I annex a Copy of a Return of the Men, Stores, etc., sent to Xew Zealand. I have, &c, GEO. GIPPS. [Enclosures.] [Copies of these papers, dated 18th July, 3rd, 2nd and 5th August, 1844, will be found in a volume in series III.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch marked " Separate," per ship Haidee.) My Lord, Government House, 5th August, 1844. With reference to my Despatch of this day's date, No. 166, Transmission reporting that, on the application of Governor FitzRoy, a detach- r^or?™"'131 ment of the 99th Regiment has been sent to New Zealand, I think New Zealand. it right to transmit to Your Lordship separately a Copy of the letter marked " Private and confidential," which I received from Captain FitzRoy on the subject of the disturbances at the Bay of Islands; this letter was laid before my Executive Council, and is referred to in the Minute of that Body transmitted with my public Despatch. I have, &c, GEO. GIPPS. [Enclosure.] [A copy of this letter, dated 18th July, 1844,- will be found in a volume in series III.] 714 HISTORICAL RECORDS OF AUSTRALIA.

1844. LORD STANLEY TO SIR GEORGE GIPPS. 7 Aug. (A circular despatch, per ship Morayshire.) Sir, Downing Street, 7th August, 1844. Birth of son to It is my pleasing duty to announce to you, that on the H.M. Queen morning of the 6th instant, at 10 minutes before 8 o'clock, the Victoria. Queen was happily delivered of a Prince, to the great joy of the nation and of all the Royal Family. Her Majesty and the Infant Prince have, through Divine Mercy, continued to do well up to the present time. j have &c.

STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 167, per ship Haidee.) My Lord, Government House, 7th Augt., 1844, Arrival of I beg leave to report to Your Lordship the arrival at Nor­ convicts at folk Island on the 5th ultimo of the Ship " Blundell," which Norfolk island. left the Downs with 210 Convicts on the 20th March last, under the Medical charge of Dr. Bynoe, Surgeon in the Royal Navy. The Convicts were landed at Norfolk Island in good health and without the loss of a man. The " Blundell " arrived at Sydney from Norfolk Island on the 30th Ultimo, and will be here discharged. Want of Referring to my Despatch No. 29 of the 31st January, 1844, directions re wherein I reported that I had received no directions as to the period for detention of minimum period fixed by the Secretary of State of the Home De­ convicts. partment for each Convict by the Ship " Maitland " to remain at Norfolk Island, I beg to add that I am equally without in­ formation on this point in respect to the Convicts by the Ship " Blundell." I have, &c, GEO. GIPPS. Since writing the above, I have been informed by Dr. Bynoe, the Surgeon of the " Blundell," that he believes a document, fix­ ing the Minimum period for each man to remain on the Island, was amongst the Papers delivered by him to Major Childs; but still I cannot feel quite certain of the fact.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. Ill, per ship Morayshire.) 8 Aug. Sir, Downing Street, 8th August, 1844. Despatch I have received your dispatch No. 42 of the 17th Feb. last, acknowledged. stating that a Confidential Report, which, by my Circular dis­ patch of 15 June, 1842, you were called upon to furnish respecting STANLEY TO GIPPS. 715 the qualifications of the respective candidates for public employ- 1844. ment in New South Wales, had already been forwarded both in 8 AuK' original and duplicate. I have now to acquaint you in reply that the Report in question was duly received at this Department, and that the transmission Circular to you of my Circular of the 27th of July, 1843, was occasioned terror. " by a Departmental oversight. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 112, per ship Morayshire.) Sir, Downing Street, 8 August, 1844. I have received Your Dispatch No. 45 of the 20th February Despatch last, with a copy of a Memorandum from the Deputy Commissary ^inability to General in charge of the Military Chest in New South Wales, mak.e payments • -i • i-i-i- •i-i-i- -i for immigrants shewing the reasons why it would be impossible, during the pre- in England. sent'year, to carry out the arrangement which had been sanc­ tioned by the Lords Commissioners of the Treasury to enable the parties, now engaged in the business of Emigration, to receive in London through the Military Chest a portion of the Bounties due to them on the importation of Emigrants into the Colony. You will long ere this have been in possession of my Instruc­ tion of 6th November, 1843, in which you were apprized that the parties in question had expressed a desire to receive the whole. amount of Bounty through their Agents in New South Wales. To that Dispatch, therefore, I now refer you. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 116, per ship Morayshire.) Sir, Downing Street, 9 August, 1844. 9 Aug. I have received your Dispatches No. 39 of 29th March, Despatches No. 95 of 22d June, and No. 152 of 25th September, 1843, re- acknowledged. lating to the proceedings which had been taken against Mr, Dunlop and Mr. Ross of Sydney for breach of the Revenue Laws. Having referred copies of your Dispatches and their Enclosures to the consideration of the Lords Commissioners of the Trea­ sury, their Lordships have apprized me that they can see no Refusal to grounds for acceding to the application which these persons imposed on G D p have made for the remission of the Penalties to which they had fnd j ^° become liable, or to disapprove in any respect of the proceedings adopted in either of their cases; and I have to desire that this decision may be communicated to Messrs. Dunlop and Ross, with reference to the Petitions for relief which they have addressed to the Lords Commissioners of the Treasury. I have, &c, STANLEY. 716 HISTORICAL RECORDS OF AUSTRALIA.

1844. SIR GEORGE GIPPS TO LORD STANLEY. 11 Aug (Despatch No. 169, per ship Haidee.) My Lord, Government House, llth Augt., 1844.

Papers trans­ I have the honor herewith to forward Copies of two mitted re Papers relating to the occupation of Crown Lands under depas­ occupation of turing Licenses, which have been laid before the Legislative crown lands under depas­ Council of this Colony, and printed by its order. turing licenses. Thefirst of these Papers contains Copies of the Correspondence which, prior to the issue of the Notice of the 2d April last, took place between the Local Government and the Officers, whose duties connect them with the administration of the Lands of the Crown beyond the Boundaries of Location. The second Paper contains abstracts of Returns called for by the Government, after the issue of the same Notice. Difference of The opinions, given by the Commissioners of Crown Lands in opinions of thefirst se t of Papers, vary considerably as to the evils of the commissioners of crown lands present system of Squatting, and the amendments of which the re squatting existing Regulations for the occupation of Crown Lands are system. susceptible. I will only remark on them that the inequalities and abuses of the system are much less prominent in the four Districts of Port Phillip than in the eleven which belong to the rest of the Colony; a circumstance which is easily accounted for by the consideration that the system of Squatting commenced much later in the Port Phillip country than elsewhere, and that it was from its commencement (or very nearly so) under the control of Government Officers, who were themselves overwatched and controlled by the Superintendent of the District (Mr. La Trobe). Returns re The second Paper contains Returns of the largest and smallest practical effects occupiers of Crown Lands and owners of Stock in the fifteen of existing system of Squatting Districts, and is intended to exhibit the inequalities of licenses. the present system; an explanatory note is prefixed to the Tables. and to it I would beg leave to request particular attention. It shews, amongst other things, that some individuals hold eleven hundred times as much land as others do for the same money (£10 per annum); that some occupiers feed 180 Sheep on Crown Lands for one shilling a year, whilst others pay nearly Is. a year (lOJd.) for every Sheep depastured by them; some pay one halfpenny a year for a Cow, others 7 shillings. Reason for Such being the case, it cannot be matter of surprise to any opposition of one that the great Squatters of New South Wales are opposed to large squatters. the changes proposed by me in the Notice of the 2d April last, and reported in my Despatches to Your Lordship of the 3d April (No. 75) and lst May (No. 94). STANLEY TO GIPPS. 717

Nothing important on the subject of Squatting has occurred 1844. in the Colony since the date of the Despatch (No. 137 of the n_iuf- 9th July last), in which I reported to Your Lordship that a ^eeorfiand Committee of the Legislative Council (composed exclusively of grievances. Members of the Pastoral Association) had been formed to enquire into and report on the Grievances of the Colony in matters con­ nected with Land. The Committee has not yet reported. I have, &c, GEO. GIPPS. [Enclosures.] [Copies of these papers were printed in the " Votes and Pro­ ceedings" of the legislative council.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 115, per ship Morayshire.) Sir, Downing Street, 12 August, 1844. 12 Au«- I have received your Dispatch No. 40 of the 14th Febru- Despatch acknowledged. ary last with the representation therein enclosed from Mr. Rawnsley relative to his position in the Survey Department of Your Government; and I transmit to you for your information a copy of the answer, which has by my direction been returned to that representation. I have, &c, STANLEY. [Enclosure.] UNDER SECRETARY HOPE TO MR. H. C. RAWNSLEY. Sir, Downing Street, 12th August, 1844. With reference to my letter of the 15th June last, I am Refusal of com- directed by Lord Stanley to acquaint you that he has had under his ^"ca RawnSe - consideration your representation of the Sth of February last, in ' ey' connexion with the report of Governor Sir George Gipps, relative to the alteration in your position as a Member of the Survey Dept. in New South Wales. It appears that the reduction from which you suffered in common with other Officers of the same Department was rendered necessary in consequence of the refusal of the Legislative Council to pass any vote for the maintenance of that Branch of the Public Service, and - of the Funds arising from the Land Revenue being insufficient to bear the charge without such general reduction. Lord Stanley has attentively considered this case; and, assuming that you received no guarantee against the reduction of your emolu­ ments, however much his Lordship may regret the loss which you may have thus sustained, he cannot undertake to compensate you for it, especially as, by quitting the Colony and abandoning the service of the Government, you destroyed any chance which might have existed of improving your condition in that service. I have, &c, G. W. HOPE. 718 HISTORICAL RECORDS OF AUSTRALIA.

1844. SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 170, per ship Haidee.) My Lord, Government House, 18th Augt., 1844. Death of widow I beg leave to report to Your Lordship the death of Mrs. of P. G. King. A_nna Josepha King, Widow of Captain King, Governor of New South Wales between the years 1800 and 1806. Mrs. King died at Parramatta on the 26th ultimo. Mrs'. King enjoyed a Pension from this Government of £200 a year, which of course ceases by her death. I have, &c, GEO. GIPPS.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 117, per ship Morayshire.) 14 Aug. Sir, Downing Street, 14th August, 1844, Despatch I have received your Dispatch No. 64 of the 17th of acknowledged. ]\farcjl) reporting thefinal arrangemen t which you had made for filling up the situations of Matron and House Steward of the Female Factory of Paramatta, and stating that you had bestowed them provisionally on Mr. and Mrs. George Smyth whom you strongly recommend for confirmation. Confirmation of Adverting to the very peculiar character of the employment GPSmyth.ean

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 118, per ship Morayshire; acknowledged by Sir George Gipps, 26th January, 1845.) Sir, Downing Street, 14th August, 1844. Transmission of I transmit to you herewith the Copy of a letter from Mrs. complaint from Gray complaining that the annual remittance of Thirty six pounds, which she has for some years past been in the habit of receiving through the Colonial Agent from her husband, the late assistant Harbour Master at Sydney, has not been paid to her since December, 1842. In the last Blue Book which is made up to the 30th of Sep­ tember, 1843, I observe that Mr. Gray is returned as having been discontinued on the 16th of November, 1842; but it does not appear whether, as his wife supposes, he has since been restored to the service of your Government. I have, &c, STANLEY. STANLEY TO GIPPS. 719 [Enclosure.] 1844, MRS. GRAY TO LORD STANLEY. My Lord, London, 29 July, 1844. I am again under the necessity of humbly craving your inter- Complaint by ference in my behalf, and beg to state, in March, 1834, I obtained, L Gray re ion- through the good offices of the Colonial Government, the amount of Xwanee°by £36 per year for my support from my husband, J. M. Gray, who J. M. Gray.' held the situation of Assistant Harbour Master of Port Jackson, Sydney, New South Wales. My husband, not having made me any remittance since Deer., 1842, places me in great difficulties; and, on my application at the Agent General's Office, I was informed Mr, Gray had been suspended from his situation through his becoming insolvent; but, as I have

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 119, per ship Morayshire.) Sir, Downing Street, 14th August, 1844. I have to acknowledge the receipt of your Dispatch and Despatch its Enclosures, No. 31 of the 2d of February last, containing tbe re services** further explanation which you were called upon, to give re-J -Croft specting the nature and- extent of Mr. Jonathan Croft's services as Deputy Purveyor and Apothecary to the Forces in New South Wales with reference to the claim preferred by him to re­ muneration. Having forwarded these papers for the consideration of the Director General of the Army Medical Department, I now trans­ mit to you the Copy of that officer's reply, which you will observe contains an opinion very favorable to Mr. Croft. I must, how­ ever, leave it to yourself to determine how far it might be desir­ able to propose to the Legislative Council to award to that Gentleman the compensation he solicits. I have, &c, STANLEY. [Enclosure.] SIR JAMES MCGRIGOR TO UNDER SECRETARY STEPHEN. Sir, Army Medical Department, 27th July, 1844. I have the honor to acknowledge the receipt of Your letter of Compensation the 22 Instant, respecting a claim to remuneration preferred by Mr. recommended Jonathan Croft, Deputy Purveyor in New South Wales, and enclos- *• ing the copy of a Despatch from the Governor of that Colony in further explanatiomof the nature and extent of Mr. Croft's services. In reply, I beg to express my regret that Mr. Croft's statement 720 HISTORICAL RECORDS OF AUSTRALIA.

1844. should not have been supported by the Governor and the Principal 14 Aug. Medical Officer to the full extent as laid down by himself; but, from Compensation 'ny knowledge, I can say his duties have been of a very onerous recommended character out of the ordinary line of his duty as a Purveying for J. Croft. Officer; and, from Mr. Croft's very long, zealous and varied services of thirty years, I would recommend him most strongly and earnestly te the favorable consideration of Lord Stanley. I have, &c, J. MCGRIGOR, Director General.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 121, per ship Morayshire; acknowledged by Sir George Gipps, 24th January, 1845.) 16 Aug. Sir, Downing Street, 16 August, 1844. Approval of I have received your Dispatch No. 53 of the 3d of March .jeRaife.re hist with a further Report in the case of Mr. Ralfe, formerly employed as a Surveyor under your Government; and, assuming that the three Months' notice which was stipulated for was given to Mr. Ralfe before the termination of his engagement with your Government, I see no reason to object to the course adopted in this case. I have, &c, STANLEY,

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 122, per ship Morayshire; acknowledged by Sir George Gipps, 29th January, 1845.) Sir, Downing Street, 16 August, 1844. Transmission I herewith transmit to you the Copies of a letter and its complaint from Enclosures, which I have received through Lord Sandon from rLfmithand Messrs. W. Smith and Sons of Liverpool, who complain of the sons. largeness of a Fine which they state to have been levied by the Colonial authorities in New South Wales upon four persons in their partners' employment in that Colony, in consequence of their having neglected to take out depasturing licenses within the time specified by Law; and I have to desire that you will report to me on the circumstances of this case, that I may be enabled to decide how far the parties in question are entitled to any remission of the Penalty. I have, &c, STANLEY, [Enclosure.] MESSRS. W. SMITH AND SONS TO LORD STANLEY. My Lord, _ Liverpool, 9th Aug., 1844. We are requested by our Partners in New South Wales to lay before Your Lordship the accompanying copies of letters, which passed between them and certain officers of the Government of that Colony, relative to the exaction of the highest fine authorised by STANLEY TO GIPPS. 721 Law having been levied upon four persons in their employment, in isu. consequence of their having neglected to fake out depasturing 16 Aug, Licences within the time specified by the Law. Your Lordship will c 7~T~t observe that these Licences ought to have been taken out prior to fiSmposed the 30th Septr., but that, owing to an oversight, they were not taken for delay out until the 27th of the following month, but prior to any applica- j" taking out tion on the part of the Govt. Officers ; and further that the penalties licenses""* for such neglect range from 10s. to £10, the latter being the heaviest with which parties cantoe visite d however great may have been the trouble and annoyance that they may have occasioned to the Government. Your Lordship is well aware of the extreme difficulties that have beset the Settlers in New South Wales; and these facts are equally well known to the Governor, who notwithstanding has thought fit to visit with the severest penalty authorized by Law four persons, whose only crime was the omission of their Sydney Agent to take out their licences for three weeks after the stated period. We humbly request, on their behalf, that Your Lordship will direct a reconsideration of the case on the part of the Governor of New South Wales with a recommendation that (should Your Lord­ ship seefit) the minimum instead of the maximum fine should be imposed. We have, &c, WILL. SMITH and SONS. [Sub-enclosure No. 1.] MESSES. A. B. SMITH AND Co. TO COLONIAL SECRETARY THOMSON. Sir, Sydney, 6 March, 1844. We beg to enclose copy of our letter to Mr. John Lambie, Commissioner of Request to Crown Lands in the District of Maneero, together with his reply, to which we beg governor for to call his Excellency the Governor's attention. The letters will explain the matter reduction of in full; the very great hardship of the demand in these fearful times will surely fine imposed. be an excuse for the liberality of the Govt, in only placing upon us the lowest fine such cases demand, to keep us in mind of the day the licence falls due. Were it a determination on our part to resist the payment of these Licences, or were we in the habit of such irregularities, we should consider we had no right to make applica­ tion for reduction of the fine; but, under the present circumstances, we request that the fine may be reduced to the minimum one of £1, beyond which we are informed at the Office of the Colonial Secretary is never exacted unless under aggravated cir­ cumstances, and that Mr. Lambie is the only Commissioner who is in the habit of extorting the uttermost fine the Law admits. We request our application may be laid before his Excellency the Governor and remain, etc., A. B. SMITH and Co. T Sub-enclosure No. 2.] MESSRS. A. B. SMITH AND CO. TO MR. J. LAMBIE. Sir, Sydney, 30th Jan., 1844. Mr. Alex. Hamilton writes us that he has been informed by notice from you Request to that he has been fined in the very heavy sum of Ten Pounds by you for not having had J. Lambie for his license taken out by the 30th Septr., the latest day. We would beg to lay before' reduction of fine yon the veiy great hardship so heavy a fine is in these hard times, had the neglect imposed on proceeded from unwillingness to pay ; but we can assure you it arose entirely from A. Hamilton. an oversight, which the moment it was found out was rectified by immediate pay­ ment, which was made on the 27th Oct. only 27 days after the allotted time ; on receipt of Mr. Hamilton's letter we waited upon the Colonial Treasurer in order to ascertaiSERn fro. I.m hiVOLm th. XXIII—e steps t2o Zb e taken to procure for us the remitting of the fine; he informed us that we must apply to you, as by the act you were permitted to levy thefine not beyond £10, and that in other Districts the Commissioners never imposed so heavy a fine unless the cases were most gross. Now we submit to you such was not our case; it arose we assure you from oversight, not from any wish to avoid pay­ ment or delay it; and we beg you will under the circumstances reduce thefine a s low as possible. We are, &c, A. B. SMITH and Co. 722 HISTOBICAL RECORDS OP AUSTRALIA,

1844. [Sub-enclosure No. 3.] 16 Aug. MB. J. LAMBIE TO MESSES. A. B. SMITH AND Co. Commissioner of Crown Lands office, Refusal to Gentlemen, Manero, 20th February, 1844 • reducefine b y Referring to your letter of the 30th Ultimo on the subject of thefine t o the J. Lambie; Crown, Mr. Alex. Hamilton has incurred from neglecting to take out his Depasturing Licence previous to the 30th September last, I have the honor to acquaint you that a fine of Ten pounds has been exacted from a great many Stock owners exactly similarly situated to Mr. Hamilton, and that, being an established rule, I regret I cannot make any alteration in his case. I have, &e., JOHK LAMBIE. [Sub-enclosure No. 4.] TO MESSRS. A. B. SMITH AND Co. and by Gentlemen, Colonial Secretary's Office, Sydney, 11 March, 1844. Sir G. Gipps. Having laid before the Governor your letter of the 6th Instant, complaining of the amount of fine imposed by Mr. Commr. Lambie on Mr. Alex. Hamilton for omitting to take out his Depasturing: Licence in due time, I do myself the honor to inform you that His Excellency regrets he cannot interfere in this matter. I have, &c., [Unsigned.] [Sub-enclosure No. o.] MESSRS. A. B. SMITH AND CO. TO COLONIAL SECRETARY. Appeal for Sir, ^ Sydney, 27th March, 1844. reduction of We beg most respectfully again to bring under your notice for the considera­ fines by tion of His Excellency the Governor thefines impose d upon us for non payment on A. B. Smith the 30th September last of the Depasturing Licences of the Individuals, named in the and Co. Margin,* whose stations are on Maneroo and consequently in the District of Mr, Commissr. Lambie, which Licences were paid by us into the Colonial Treasury on the 27th Oct. last, the amount of which was Forty pounds. Thefine, imposed upon us for not having paid on the 30th September, amounts to the very heavy one of Forty pounds, say Ten Pounds each, double the amount of the licence and the highest fine that can be imposed by Act of Couneil. In other Districts, we are informed no such heavy fines are ever imposed ; indeed they only range from ten shillings to one pound. We humbly submit our case as one of great hardship; had we wilfully neglected to pay the Licences on the day they were due, or had we in any way refused to pay or committed any illegal act, whereby the Colonial Government had suffered by our apparent neglect, then certainly we deserved to befined to the utmost fine the law imposes; but such is not the case; it solely happened from the multiplicity of business on hand, and was quite an oversight, which so soon as found out we immediately rectified. We had no inducement whatever in not paying the License on the 30th Sept., nor could it be any object for us not to do so; and we must again say it was a perfect oversight on our part. We applied to Mr. Commissioner Lambie for a reduction of thefines under the circumstances to the lowest imposed, and he writes Mr. Hamilton as follows " that A. B. Smith and Co. are in error about his having the power to reduce thefine; th e full amount must in thefirst instanc e be paid to him ; but, if the parties feel aggrieved and can make out a good case, the Governor doubtless would order the fine to be returned." Mr. Hamilton again writes " he had seen Mr. Lambie and he says the best plan is to memorialize His Excellency the Governor, and he has no doubt thefines woul d be reduced to Ten shillings each." We, therefore, under these circumstances respect­ fully solicit His Excellency the Governor will take this matter into his consideration and remit thefines t o the lowest amount of ten shillings each, and more particularly in the present distressed state of trade when the difficulty of obtaining money is so Sreat- We have, &c., A. B. SMITH and Co. Refusal by [Sub-enclosure No. 6.] Sir G. Gipps COLONIAL SECRETARY THOMSON TO MESSRS. A. B. SMITH AND CO. to reduce fines. Gentlemen, Colonial Secretary's Office, Sydney, 1 April, 1844. I have to acknowledge the receipt of Your letter of the 27th Ultimo, renewing your request that the Governor will remit the fines imposed on Messrs. Alexander Hamilton and others for neglecting to take out their Depasturing Licenses in due time; and I am directed to inform you in reply that His Excellency regrets he cannot alter his former decision, which simply is rot to interfere in this matter. * Marginal note.—A. Hamilton ; Chas. Lawson ; P. McGuigan; W. Woodhouse. STANLEY TO GIPPS. 723

At the present moment, the whole of the Officers of the Surveyor Genl.'s Department 1844. are unpaid, because the revenue of the Crown is not punctually paid, and his Ex- 16 Aug. cellency cannot in justice to those Officers (independently of any other consideration of public duty) remit any portion of what is due to the Crown. I have, &c, E. DEAS THOMPSON. Treasury, 27 Oct., 1843. RECEIVED from Messrs. A. B. Smith and Co. Forty pounds in payment of the Licences Receipt for of A. Hamilton, Chas. Lawson, P. McGuigan and Wm. Woodhouse for the Current payment of year, which are to be sent to the Commissioner for delivery. licenses. D. M. G. MCPHERSON.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 172, per ship Haidee.) My Lord, Government House, 16th Augt., 1844. In obedience to the directions contained in Lord John Transmission Russell's Circular Despatch of the llth May, 1841, I have the turn"" immi-6 honor to enclose herewith a " Quarterly Abstract Return "* of £rants'etc- the Immigrants landed in New South Wales during the second quarter of the present year, of the prices of food and clothing, the Wages of labour, and other particulars, as prepared by the Agent of Immigration in this Colony. I have, &c, GEO. GIPPS.

LORD STAXLEY TO SIR GEORGE GIPPS. (Despatch No. 123, per ship Morayshire.) Sir, Downing Street, 18th August, 1844. is Aug. I have to acknowledge the receipt of your Dispatch No. 27 Despatch of the 29th of January last, enclosing an application from Cap- acknowled*ed' tain D. C. Scott, a retired officer of the East India Company's Service, to be allowed the usual remission in the purchase of Land in that Colony. It appears from your Dispatch that Captain Scott, after hav- Principle ing been for some time resident in New South Wales on leave application of of absence, resigned his Commission on the 24th of March, 1840, D- c- F- Scott- for the purpose of becoming a 'Settler; but that, owing to ignor­ ance of the regulations and the difficulty of communicating with India, he did not present the Certificate required by the Sth Clause of the Regulations, dated lst of August, 1838, until the 11 of May, 1843, and that a refusal of the indulgence to which he would otherwise have been entitled was the consequence of the delay. The recommendation, which, you have expressed in favor of Remission in this case on the ground that Captain Scott's claims failed on a Ranted? °f la"d point of informality only, together with the peculiar circum­ stances by which it is marked, have induced me, tho' with some reluctance, to accede to Captain Scott's request. You will •Note 75. 724 HISTORICAL RECORDS OP AUSTKALIA.

1844. therefore consider yourself authorized to allow him a remission 18 Aug. of the money due to him in the purchase of the Land above referred to according to his rank and length of Service under the East India Company. I have, &c, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 174, per ship Haidee; acknowledged by lord Stanley, 23rd February, 1845.) My Lord, Government House, 18th Augt., 1844. Correspondence I consider it proper that I should forward to Your Lord­ with ship Copies of a correspondence, which has recently passed be­ Sir T. Mitchell transmitted. tween Sir Thomas Mitchell, the Surveyor General of this Colony, and my Private Secretary, Defeat of Sir In my Despatch No. 112 of the 18th July, 1843, I reported to T. Mitchell at Your Lordship that, at the first Election of Members for the first elections. Legislative Council, Sir Thomas Mitchell was a Candidate for the Port Phillip District, but that he was not successful; a Return at vacancy having, however, occurred in the month of February bye-election. last hy the resignation of Mr. Condell, Sir Thomas Mitchell be­ came again a Candidate, and was returned. Previous report Having, in my Despatch No. 158 of the 16th ulto., noticed the re opposition of systematic opposition offered by Sir Thomas Mitchell to the Sir T. Mitchell to executive. views of Her Majesty's Government in matters connected with his own Department, and further drawn Your Lordship's atten­ tion to the fact of his having failed to give his support to the Government on the question respecting District Councils, which in fact involved the question whether one of the most important provisions of the Constitutional Act for the Government of the Colony should be maintained or set aside; I thought it right to inform Sir Thomas Mitchell that I had written such a Despatch; Censure passed and I told him at the same time that the undisguised hostility, on Sir which he manifested at all times not only to my own measures, T. Mitchell. but to those of Her Majesty's Government, and even to the enactments of Parliament, in matters connected with the administration of the lands of the Crown, was in my opinion in­ consistent with his duty as an Officer of the Government, and might even endanger his situation since, unless Her Majesty's Government were disposed to give up all control over the Crown Lands, it was most necessary that the Office of Surveyor General should be held by a person, who would adopt and carry out the policy of Government in respect to the management of them. In my Despatch No. 17 of the 17th Jany., 1844, I pointed out instances in which the evidence, given by Sir Thomas GIPPS TO STANLEY. 725 Mitchell before a Committee of the Legislative Council, shewed 1844. how much he was opposed to the Policy of Government; and 1—-R' similar instances might be adduced in more recent evidence gppositi'on given by him before another Committee, in the course of the to executive. present session. Sir Thomas Mitchell having now resigned his seat, in the Resignation Legislative Council, I have of course issued a Writ for the g;,,8^ Mitchell. holding of a new Election at Port Phillip. I have, &c, GEO. GIPPS. [Enclosure No. 1.] SIR THOMAS MITCHELL TO MR. H. W. PARKER. Sir, Sydney, 5th August, 1844. eq ei ) r The Governor having informed me, at the last interview I ?. T M? t h D had with His Excellency, that he had mentioned or alluded to mef0 " details^/ in a communication to Lord Stanley, having reference to the Dis- adverse report; trict Councils Bill; I beg His Excellency will be pleased to com­ municate to me the nature and grounds of any complaint He has thought fit to submit to Lord Stanley respecting my conduct in Council. I take leave also to refer to other remarks of His Excellency and for defini- on that occasion, and to beg that He will be pleased to define what ^^gected support the local Government is properly entitled to from a Membar council. of the Legislative Council, holding such a situation as mine. I have, &c, T. L. MITCHELL. [Enclosure No. 2.] MR. H. W. PARKER TO SIR THOMAS MITCHELL. Sir, Sydney, 6th August, 1844. I have received, and laid before His Excellency the Gov­ ernor, your letter dated yesterday; and I am directed by His Ex- Reports to cellency to state to you, in reply, that he has at various times had slate*"3' °f occasion incidentally to mention to the Secretary of State the way opposition of in which you have opposed yourself to the policy of Her Majesty's Sir T- Mitchell. Government in the administration of the Domain of the Crown in this Colony. In respect to your Conduct in the Council, His Excel­ lency has simply informed Lord Stanley that you failed to give your support to the Government on an occasion, when the question before the Council was, whether the Act passed by the Imperial Parliament for the Government of the Colony should be obeyed, or disobeyed; And, in reply to your request that the Governor »" will define what support the Local Government is properly entitled to from a Member of Council holding such a situation as yours," I am directed by His Excellency to state that the Government does not assert any claim to your support as Member for the District of Port Phillip; but, in conformity with the Rule which Support prevails throughout the whole of Her Majesty's Dominions, so long expected in as you continue to hold the Office of Surveyor General, the Govern- m^ures™ ment is entitled to your support in all cases involving any material policy. measure of Policy. T nav6i &c_; HENRY WATSON PARKER. 726 HISTORICAL RECORDS OP AUSTRALIA.

1844. L Enclosure No. 3.] 18 Aug. SIR THOMAS MITCHELL TO MR. H. W. PARKER. Sir, Sydney, 9th August, 1844. Request for I have had the honor to receive your letter dated the 6th in­ rule re action stant, in which you favor me with His Excellency's reply to my as independent former communication; and, in reference to the second portion of member of council. that reply, and the Rule whereby it would appear that I, as Sur­ veyor General, cannot act as an independent Member for Port Phillip, I beg leave to request the favor of information as to what the particular Order, Regulation or Despatch is, by which -such a Rule has been established, that I may know how far it may be possible for me to perform my duty to my constituents. I have, &c, T. L. MITCHELL. [Enclosure No. 4.] MR. H. W. PARKER TO SIR THOMAS MITCHELL. Necessity for support as sur­ Sir, Sydney, 9th August, 1844. veyor-general. I have laid your letter of this day before the Governor, and am desired by His Excellency in reply to state that the Rule re­ ferred to in my former letter simply is, that the Member for Port Phillip may aet as he pleases, but the Surveyor General of New South Wales must both obey and support the Government. His Excellency can give you no further information on the subject. I have, &c, HENRY WATSON PABKEB. [Enclosure No. 5.] SIR THOMAS MITCHELL TO MR. H. W. PARKER. Request for Immediate. permission to Sir, Sydney, 16th August, 1844. disclose With reference to the enclosed letter, I request you will be so correspondence. good as to ascertain and inform me, whether I am at liberty to lay the correspondence, which has passed between yourself and me, before the gentleman by whom this document is signed. I have, &c, T. L. MITCHELL, [Enclosure No. 6.] Use of papers MR. H. W. PARKER TO SIR THOMAS MITCHELL. at discretion of Sir T. Mitchell. Sir, Sydney, 17th August, 1844. In returning to you the document which accompanied your letter of the 16th instant, I am desired by the Governor to inform you, that the letters you allude to are papers of your own, and that the discretion must remain with you, as to the use you may make of them. SIR GEORGE GIPPS TO ILOR haveD ,STANLEY &c, . (Despatch No. 175, per ship HaideeHENR; acknowledgeY WATSON dPAEKEB by . lord Stanley, Sth March, 1845.) 19 Aug. My Lord, Government House, 19th Augt., 1844. Vacancy I have the honor to report to Your Lordship that, a by death of vacancy having occurred in the Office of Registrar of the Court R. Allan. GIPPS TO STANLEY. 727 of Requests in Sydney by the death of Mr. Richard Allan, I 1844. have, subject to Your Lordship's pleasure, appointed Mr. ™_^*- H. H. Browne to the vacant situation, and have anxiously to Appointment of solicit the confirmation of his appointment. as registrar Mr. Browne's name appears in the List of 'persons whose requests.0' Offices were abolished at the end of 1843, and which accompanied my Despatch No. 219 of the 31st December last. He held the Office of Water Police Magistrate for the Port of Sydney; and, of all the other persons who were then, reduced, there was no one whose loss I so much regretted as that of Mr. Browne, par­ ticularly as he had been very active and successful in his exer­ tions for the suppression of smuggling. Mr. Browne's Salary as Water Police Magistrate was £400 a year; the Salary attached to the Office, to which I have appointed Salary of him, has hitherto been £350; but it is subject to annual revision resistrar- hy the Legislative Council, and the amount of it will very prob­ ably be reduced. In respect to Mr. Browne's merits as a public Officer, I may refer to my Despatch No. 152 of the 30th August, 1842. I have, &c, GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 176, per ship Haidee.) My Lord, Government House, 20th Augt., 1844. 20 Aug. With my Despatch No. 146 of the 15th July last, I for­ warded an Estimate of the expense of Works and Repairs in the Convict Department of this Colony, as prepared by Lieut. Colonel Gordon, the Commanding Royal Engineer. I have now the honor to forward similar estimates of proposed Estimates Works and Repairs at Norfolk Island, prepared by the resident for wSks'and p, a t Officer of Engineers, Lieut. Hamilton, at that station, but I? f"uV . 1 which were not received, when my Despatch No. 146 was written. The amount of the Estimate is large, namely, £10,609 5s. 2d.; but from this is to be deducted the estimated value of Materials produced on the Island, and of the value of the labour of Con­ victs, namely, £8,768 9s. lid.; leaving only to be provided for by a vote of money, £1,840 15s. 3d. These Estimates ought perhaps more properly to be forwarded to Your Lordship by the Lieut. Governor of Van Diemen's Land, as the Island is to be transferred to that Government on the 29th September next; but, as they have been sent to me, and Your Lordship may probably desire to have my opinion on them, 728 HISTORICAL RECORDS OF AUSTRALIA.

1344. I think it right to transmit them, whereby I shall also save the 20 Aug. loss of time which would be occasioned by sending them to Sir Eardley Wilmot. Report on The Estimates comprise 79 different items, the greater portion worko proposed in estimates. of which are for periodical or ordinary repairs. Those which are not of this character are distinguished as " New Work." Of the-latter, items Nos. 11 and 19, cannot be said to be absolutely required; but I feel nevertheless justified in recommending the execution of them. No. 75 provides for the erection of a New Barn, which is, I think, very necessary. No. 78 is for the erec­ tion of a New Gaol; but Lieut. Hamilton has submitted a plan altogether different from the plans of the Inspectors of Prisons in England; and, as I presume it to be the intention of Her Ma­ jesty's Government that the Inspectors' plans should be adopted, I cannot recommend the commencement of the Work on the plan proposed by Lieut. Hamilton. Of the two sites he proposes for the Gaol, I think the one beyond Emily Bay and near Point Hunter is to be preferred. Possibly, however, a site might be found for it behind the Commandant's Quarters (called Govern­ ment House) in the direction of Ball's Bay. No. 79 is for the erection of a New Hospital. I can scarcely, however, approve of the Plan proposed by Lieut. Hamilton, as I should greatly prefer a building open on all sides to the air, like the Barracks and Hospitals built by the Ordnance in the , like also to the great Convict Hospital in Sydney; in other words, a single instead of a double building. Whilst therefore I propose that the whole of the Estimate be authorized, I would suggest that the Plans, both of the Gaol and the Hospital, should be reconsidered. I may further remark that, in my opinion, the sum of £764 19s. 4d., at which the Gaol is estimated by Lieut. Hamilton, in addition to the value of Convict labour and Island materials, will be very insufficient for the erection of a Gaol on the Plan of the Home Inspectors; I would say that a sum not less thanfive time s this amount would be required. Diversion of Lastly I would remark that, although all these Repairs and labour of convicts from Buildings are required, the execution of them must greatly agriculture. divert the labour of the Convicts from the cultivation of Grain for their own consumption, which it is the desire of Her Ma­ jesty's Government should be the chief object of their em­ ployment. I have, &c, GEO. GIPPS, [Enclosure.] [A copy of these estimates is not available.] GIPPS TO STANLEY. 729

SIR GEORGE GIPPS TO LORD STANLEY. 1844. (Despatch No. 177, per ship Plaidee.) 21 Aug' My Lord, Government House, 21st Augt., 1844. In my Despatch of the 27th Ulto., No. 161, I reported that the Legislative Council had thrown out three Bills, which I in­ troduced for carrying into effect the provisions of the Constitu­ tional Act respecting District Councils. It is now my duty to Transmission of forward to Your Lordship a copy of an Address, which was subse- council praying quently presented to me, and in which I am requested "to make repeal of clauses such a representation to Her Majesty's Government, as will pro- councils. cure a repeal of those clauses of the Act of Parliament, which have reference to the erection of District Councils, and that the Incorporation of Towns or Districts may be left to the Governor and Legislative Council of the Colony; and further that, until I am favored with instructions from Her Majesty's Government, I will be pleased to place upon the Estimates of Expenditure for the year 1845 such sums, as may in my opinion be necessary to make provision from the General Revenue for such objects, as it was intended should be provided for by the District Councils, had they been carried into operation." I have the honor also to enclose a Copy of the Answer which I on the 20th instant returned to this Address. It was not without considerahle doubt and hesitation that I adopted this answer; and I was atfirst much disposed to think Dissolution of that I ought not to allow the Constitution of the Colony to be sideredby" set aside for the second time without making an appeal to the sir G- Gipps. People. Had I dissolved, however, I have no reason to suppose that I should have gained anything in the elected part of the Council; and, though I might have strengthened my Government by changes in the portion of it which is nominated by the Crown, I did not, on the maturest consideration, think the attainment of this object of sufficient importance to justify my having resort to so extreme a measure as a dissolution. Whether the enactments in the Sth and 6th Vict., ch. 76, re- Necessity for specting District Councils shall be maintained, or alterations in clauses6re dis- ° the Constitutional Act proposed to Parliament, is a question trict councils. which must, I apprehend, now force itself upon the attention of Your Lordship. I am scarcely prepared to advise the adoption of stronger mea­ sures than those which have been already tried, in order to bring the District Councils into operation; but I am at the same time objection to persuaded that, if the management of the local affairs of every "eafaffah-s by i ive District, Town, and Village, in this widely extended Country, Co„ ^i 730 HISTORICAL RECORDS OF AUSTRALIA.

1844. be left to a single elective Body sitting in Sydney, jealousies and 21 Aug. contentions will unavoidably spring up, of which the effect will be most injurious to the Colony. Further report I shall not fail to address myself again to Your Lordship, as proposed. soon as I may be able more clearly to develop my views on this very important subject. I have, &c, GEO. GIPPS. [Enclosures.] [Copies of the address and reply were printed in the " Votes and Proceedings " of the legislative council.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 178, per ship Haidee.) 22 Aug. My Lord, Government House, 22d Augt., 1844, Transmission of I have the honor herewith to forward the following Peti- stocttofders™ tions, which_Jiave been placed in my hands for transmission to and others. Her Most Gracious Majesty:— 1. A Petition from certain Stockholders and other In­ habitants of the City of Sydney. 2. A similar Petition from the Stockholders and Inhabitants residing at New England and Port Macquarie. 3. A similar Petition from the Stockholders and Inhabitants residing in Maitland and its neighbourhood. These Petitions are ail to the same effect, indeed Copies of each other, and have grown out of the meeting of Squatters, which was held at the Royal Hotel in Sydney on the 9th April last, as reported in my Despatch No. 84 of the 16th of the same month. Objects of The prayer of the Petitions simply is that Her Majesty will petitions. divest herself of all control over the Crown Lands of the Colony, in order that they may be held by the present occupants for a period of not less than 21 years, and subsequently purchased by the same parties at a price to befixed i n the Colony without reference to Parliament. My former Despatches to Your Lordship will sufficiently shew that I feel it my duty to urge on Her Majesty's Government the most strenuous resistance to these demands, j have &c.

GEO. GIPPS. [Enclosures.] [Copies of these petitions were printed in the " Votes and Pro­ ceedings" of the legislative council.] GIPPS TO STANLEY. 731

LORD STANLEY TO SIR GEORGE GIPPS. 1844. 23 Aug. (Despatch per ship Morayshire; acknowledged by Sir George Gipps, lst April, 1845.) Sir, Downing Street, 23 Augt., 1844. I transmit to you herewith a Copy of a Letter from the Letter trans- person described in the margin* containing an application for RHoldgate. information relative to John Winterbottom, who is stated to have Emigrated to the Colony under your Government; and I have to request that you will transmit to me such information as you may be able to obtain on the subject of the enquiry. I have, &e, STANLEY. [Enclosure.] MR. B. HOLDGATE TO SECRETARY, COLONIAL OFFICE. Motham in Longdendale, Sir, Cheshire, 15th August, 1844. Would you be kind enough to inform me to whom I must Request for write for the following information; I wish to know whether a per- jevfff* le son of the name of John Winterbottom be living or not; he went bottom.61" to New South Wales in the year 1832 ; he has had some property be­ queathed himtoy hi s mother; and I have written several times within the lastfive year s and not received a satisfactory answer; in fact I think that some other person gets his letters and answers them- I have, &c, BENJAMIN HOLDGATE.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 179, per ship Haidee; acknowledged by lord Stanley, 13th March, 1845.) My Lord, Government House, 23d Augt., 1844. I have the honor to request your Lordship's permission to Request re issue Letters of Denization, under the Local Act of this Colony, ^nSation for 9th Geo. TV, No. 6, to Mr. Aaron Gainsborg, who was born at A. Gainsborg. Koona in Russia in the year 1805, but is now carrying on busi­ ness as a Licensed Victualler in Sydney. I enclose the application which I have received from Mr. Gainsborg; and, although he is stated to have come to this Colony in 1832 under a sentence of seven years' transportation, his conduct has been good since his restoration to liberty; and, as his application is accompanied by Certificates in his favor, I feel justified in recommending him for the privileges of a Denizen. He was transported from Lancaster for buying Stolen Silver- I have, &c, GEO. GIPPS.

* Marginal note.—The margin is blank. 732 HISTORICAL RECORDS OP AUSTRALIA.

1844. [Enclosure.] 23 Aug. MR. A. GAINSBORG TO COLONIAL SECRETARY THOMSON. Sir, New South Wales, No. 336 George Street, Sydney. Application by Being desirous of obtaining letters of Denization, I have A. Gainsborg for letters of the honor to request you will be pleased to lay before His Excel­ denization. lency the Governor the following Statement of my Claims for the same, and that His Excellency will be pleased to forward this my application to Her Majesty's Secretary of State for the Colonies. With this view, I, therefore, beg to inform you that I was born at Koona in Russia in Europe, of Jewish Parents, in the year of our Lord One Thousand eight hundred and five; that I arrived in this Colony in the year 1832, and have been for a period of five years Carrying on an extensive business as a Jeweller and Gold­ smith, and have about a month since obtained a License from the Bench of Magistrates authorizing me to Carry on business as a Licensed Victualler, which I am now doing under the sign of the " City Inn " at the house above mentioned. During the time I have been in the Colony, I have purchased land in various parts, and have expended large sums of money in improving and building thereon. Since my arrival in this Colony, I have married an English woman, one of Her Majesty's Subjects, by whom I have one child. It is not my intention to quit this Colony, where my only resources are; and I am desirous, therefore, for the protection of my own property and for the benefits of my family of becoming a denizen and a subject of Her Majesty. I also do myself the honor to enclose testimonials which I hope will be approved. i have the honor to subscribe myself, Sir, Your most obedient Servant, AARON GAINSBOBG. Certificate [Sub-enclosure.] in favour of. CERTIFICATE. A. Gainsborg. Sydney, .New South Wales, 26 July, 1844. WE, the Undersigned, hereby Certify that we have known the within named Aaron Gainsborg for some time and believe him to be a man of Credit and industry, and an individual well deserving to enjoy the privileges of a British Subject. H. MACDERMOTT. ROWAND MACNAB and Co. LORD STANLEY TO SIR GEORGE JOHGIPPSN LITTLE. . (Despatch No. 124, per ship Morayshire; acknowledged by Sir George Gipps, 7th August, 1845.) 24 Aug. Sir, Downing Street, 24th August, 1844. Despatch I have received your Dispatch No. 21 of the 21st of Janu­ acknowledged ary last, respecting the distribution of the £30,000 appropriated re distribution of statutory by Schedule C of the 5th and 6 Vict., Cap. 76, to the support of appropriation public Worship in New South Wales. for public It undoubtedly was my intention, as from your previous Dis­ worship. patch No. 8 of the lst of January appears to have been expected by you, to have addressed a Separate Instruction to you on this subject, at the time at which I originally forwarded the Act itself to the Colony. STANLEY TO GIPPS. 733

The abandonment of that intention (which I regret to find I isii- omitted to notify to you) arose from the following cause:— -JiK' The view,_ which I had taken of the effect of the Imperial Act, gSitan™11" was that which appears to have been adopted by yourself, namely, instructions re that the distribution of the sum set apart for Public Worship was to be made solely as under its provisions; and I accordingly had considered, and almost decided to adopt a principle of distribu­ tion, which in its results was nearly that described by yourself as the " uti possiditis." On consulting Mr. Plunkett, the Attorney General of your opinion of Government, however, who was then in this country, he sug- re poifcy ofeW gested that, in adopting any scheme of distribution with refer- issuing ence only to the Imperial Act, I was taking a course of certainly very doubtful policy, if not. of doubtful legality. That the Colo­ nial Church Act of 7 Will. 4, Cap. 3, was in the nature of what you yourself, in a note to your Dispatch No. 21, term an in­ definite Appropriation Act; that the rights created by it could not be defeated without repealing it (at least so I understood him); and even if they could be defeated, that, in consequence of the popularity of the Act, it would be very impolitic so to do; in addition to which considerations, he observed that the sums charged under the Church Act already exceeded and would con­ tinue to exceed the £30,000 charged by the Civil List for the same purposes. As my communications with Mr. Plunkett were principally oral, I may of course be mistaken in my recollection of what passed, or have misunderstood him at the moment, and I enclose a Copy of the only Memorandum received from him in writing. Assuming however that I correctly represent his views, the interpretation effect of them obviously was that, inasmuch as the Appropria- ?L H.'pTunkett. tions under the Colonial Act 7 Will. 4, Cap. S, was to be con­ sidered as in force, and, as in amount they exceeded the £30,000, no fresh appropriation of any part of that sum was needed at all events, even if it could legally be made. Under these circumstances, deferring to Mr. Plunkett's instructions authority, I abstained from issuing any instructions on the sub- w,thheld- ject. I infer however from the tenor of your Dispatch either that Mr. Plunkett has modified his views on the question, or that you interpretation patch do not adopt them, as you appear neither to think the Colonial f1!(mf Act, 7 Will. It-, Cap. S, operative to create any charge beyond the Sir G. Gipps. £30,000, nor to consider its provisions as attaching necessarily upon that sum. In the uncertainty in which I thus find myself as to the prin- Diffidence in eiple upon which I am at liberty to proceed in dealing with the i^rurtions. question, I need scarcely say that I feel it impossible to issue 734 HISTORICAL RECORDS OP AUSTRALIA.

1844. anyfinal instruction s upon it. In saying this, however, I ought to add that I agree with you in disapproving a decision accord­ ing to mere numerical proportion; and, if there were no other Principle for questions for decision, would be prepared to adopt the principle, provisional1 "* which you describe as that of " uti possiditis," preferring at the arrangement, same time the rates which actually obtained last year to the average you suggest as the alternative. Although you do not state distinctly upon what principle you intend to divide these Funds, pending the reference to myself, I infer from your Dispatch that, as far as the sums at your dis­ posal admit, you will distribute them on that alluded to (uti possiditis). To this I see no objection as a provisional arrange­ ment, nor do I think that, although provisional only in its char­ acter, any inconvenience can result from its so continuing for some time longer, which can at all counterbalance the advantage of my obtaining full information upon the questions involved in any decision by myself upon the subject before I undertake to give it. Report required. You will, therefore, have the goodness to. report to me how far, in the opinion of yourself and your Executive Council, the diffi­ culty, as regards the Colonial Act, 7 Will. 4, Cap. S, suggested above, is well founded; and, if it be so, whether any alteration in the law would be desirable or, having referred to the views of the Legislative Council, would be likely to meet with their assent. Authority for In the meantime, you have my authority to distribute the istn u ion. £3(^000 on the principle described by yourself as that of " uti possiditis," as a provisional arrangement. Should you however have adopted already any other principle of distribution and should you consider a temporary change unadvisable, you will consider that you have a discretion to adhere, until instructed by me to the contrary, to any arrangement already in force. I have, &c, [Enclosure.] STANLEY. MEMORANDUM. 7th Wm. 4, No. 3. Memorandumby " An Act to promote the building of Churches and Chapels and re general to Provide for tne maintenance of Ministers of Religion in New ehurch and South Wales." subsidiary acts. Sec. 1 Recites " That, for the advancement of the Christian Re­ ligion and the promotion of good morals in the Colony of New South Wales it is expedient to encourage the observance of Public Worship, and for that purpose to authorize the issue from the Revenue of sums to be applied in aid of the building of Churches and Chapels, and the maintenance of Ministers of Religion "; and enacts "That, whenever a sum, not less than £300, shall have been raised by private Contribution and applied towards the building of a Church or Chapel and a dwelling, where it shall be deemed neces­ sary, for the Officiating Minister thereof in any part of said Colony, STANLEY TO GIPPS. 735 it shall be lawful for the Governor, with the advice of the Execu- i%u. twe Council, by Warrant under his hand, and subject to such regu- 24 Aug. lations for the due appropriation and application thereof, as shall Memoran(jumby from time to time be made by the said Governor, to issue from the j. H. Plunkett Colonial Treasury in aid of the undertaking any sum of money not re general exceeding the amount of said private contribution." ehhrvr and lst Proviso, " That the whole amount to be issued shall not exceed SUDSiaialy acts- £1,000." 2d Proviso. "That nothing therein contained shall prevent the appropriation for the said purposes of any sum exceeding £1,000 by the Governor, with the consent of the Legislative Council." Sect. 2 Regulates the rates at which Ministers' Stipends are to be issued. Sect. 7 Enacts " That, before any sum of Money shall be issued from the Colonial Treasury for the building of any Church or Chapel and Minister's Dwelling, Trustees, not less than three, nor more thanfive i n number shall be nominated by the persons contributing towards the building of the same, for the approval of the Governor and Executive Council; And that Real Estate in the site of such Church, etc., shall be conveyed to the said Trustees when approved, and to the Heirs of the Survivors of such Trustees, upon trust for the erection, maintenance and repair of such Church, etc. The following Acts have been passed by the Legislative Council for the appointment of Trustees, as required by the 7th Section of the above recited Act:— 8 W. 4, No. 5, "An Act to regulate the temporal affairs of Churches and Chapels of the United Church of England and Ireland, in New South Wales," passed 6th Septr., 1837. Sth W. 4, No. 7, "An Act to regulate the temporal affairs of Presbyterian Churches and Chapels, connected with the Church of Scotland in the Colony of New South Wales," passed 9th Septr., 1837. 2d Vict., No. 7, " An Act to regulate the temporal affairs of the Religious Societies denominated Wesleyan Methodists, Indepen­ dents, and Baptists," passed 7th Augt., 1838. All the foregoing Acts recite the 7th Wm. 4, No. 7, and may be denominated Branch acts from that. It will appear that the Governor can only issue monies under 7 W. 4, No. 3, with the advice of the Executive Council. There may not therefore be as much difficulty in rendering the Act in­ operative, as I atfirst imagined. The advice of the Executive Coun­ cil is the hinge on which the whole turns. The 7 W. 4, No. 3 (usually called the general Church Act) is the most popular of Popularity of all the Colonial Acts. Churches and Chapels have been erected and pneral church numbers are now in the course of erection belonging to the dif- ferent Christian Denominations; and the greater proportion of the Ministers • of the different religions have been induced to that Country under its provisions; and a sum amounting to £3,000 or thereabouts has been raised by general subscription in the Colony Reason for erec- for the erection of a statue of Sir R. Bourke, and his claims for tion of statue of such an honor have been chiefly rested on his being the or- sil"R- Bourke. iginator of that Act. This being the general feeling in respect to it in the Colony, if its repeal were spoken of before the Elections, it might influence them considerably, and at the very outset of the new Constitution raise a Religious cry. 8th October. 1842. JOHN H. PLUNKETT. 736 HISTORICAL RECORDS OF AUSTRALIA.

1844. LORD STANLEY TO SIR GEORGE GIPPS. 24 Aug. (Despatch marked "Confidential," per ship Morayshire; acknow­ ledged by Sir George Gipps, 7th August, 1845.) Sir, Downing Street, 24th August, 1844. Opinion re­ With reference to my Dispatch No. 124 of the same date quested re plan with this, I would be glad to be favored with your opinion how for distribution of appropriation far it would be consistent, lst. with the Laws at present in force for public on the subject in New South Wales, and, secondly, with the worship. general feeling of the Colonists as also with your own view of what would be most advisable, to distribute the Thirty Thousand Pounds devoted to public worship upon a plan of the following character. The whole sum to be divided among the different denominations annually in the same proportions in which they received it in the year 1843. Some Body of persons in each Church to be constituted its Representatives, and the gross amount apportioned to each Church to be paid to the Body representing it. The appropria­ tion in detail of the sum so paid over for the

Transmission of proposed reference for legal opinion.

Transmission of general church and subsidiary acts. STANLEY TO GIPPS. 737

" An Act to regulate the temporal affairs of Churches and Chapels 1844. of the United Churches of England and Ireland in New South 24 Aug. "ales- _ _ „ Transmission of The second, passed the 9th September, 1837, 8 W. 4, No. 7, is general church intituled, and subsidiary " An Act to regulate the temporal affairs of Presbyterian ac s' Churches and Chapels, connected with the Church of Scotland in the Colony of New South Wales." The Third, passed on the 17th August, 1838, 2d Vict., No. 7, is entituled, " An Act to regulate the temporal affairs of the Religious Socie­ ties denominated Wesleyan Methodists, Independents and Baptists." You will perceive that the three last mentioned Acts all result from, and are auxiliary to the first. Collectively they constitute the local Laws' for the promotion of Religious Worship in New South Wales. In pursuance of these enactments, various grants have been Grants made made from the Local Revenue. In each year, a distinct sum hasunde racts - been voted by the local Legislature for the support of the Churches of England, of Rome, and of Scotland, and for the support of the Wesleyan Methodists' Chapels and preachers throughout the Colony. In the year 1841, these votes were as follows :— Appropriations To the Church of England £18,371 10 0 for year 184L To the Church of Rome 8,850 0 0 To the Church of Scotland £37,476,8010 10 0 SucToh thbeine Wesleyag the statn Methodiste of the sLaw , and such the cours3,45e 0o f 0pro ­0 ceeding in New South Wales, the Statute 5 and 6 Vict., Cap. 76, was passed. By the 37th Section of that Act, a sum of £30,000 was Annual appro- 0 annually appropriated for defraying the expences of Public Wor- puDUc worship ship in New South Wales. The Act of Parliament contains no under con- express reference to the local Enactments already enumerated, or stitution act. any of them. Under these circumstances, Lord Stanley directs me to propose, for the joint opinion of yourself and Mr. Solicitor General, the following questions:— Points of First. Whether the Act of Parliament has abrogated the local if^fi"^^. Enactments already mentioned as far as respects the appropria­ tions of public money made by those Enactments? Secondly. Whether the £30,000 appropriated by Parliament is a sum distinct from, and in addition to the Appropriation made by the local Act, or is applicable according to the provisions of the local Act? Thirdly. Supposing the Crown to have power over this £30,000 unrestricted by the local Act, then what is the construction of the words "Religious Worship"? that is what are the forms of Wor­ ship, and what the Ritual or doctrines which that general expres­ sion must be understood as embracing? and Fourthly. Assuming the existence of a power in the Crown un­ restricted by the local Act, would it be a lawful exercise of that power to grant in any one year to any Church or denomination of ChristiansSER. I,. moneVOL. yXXIII— not 3t oA be expended in that year, but to be in­ vested as a Capital for future endowments? 738 HISTORICAL RECORDS OP AUSTRALIA. 1844. Fifth. Supposing the last question answered in the Affirmative, 24 Aug. could such endowments be lawfully created in favor of the Roman PointTof" Catholic Church; and who are the persons of the Church of Eng- reference for land, of the Roman Catholic Church, or of any other denomination, legal opinion. t:o whom the Crown might lawfully entrust the custody and man­ agement of the Funds destined for any future endowment? I have, &c, A similar reference to the Solicitor General. G. W. HOPE,

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 181, per ship Haidee.) 25 Aug. My Lord, Government House, 25th Augt., 1844, Despatch I have had the honor to receive Your Lordship's Despatch acknowledged. NQ 190 of the 21gt December, 1843, calling on me for an ex­ planatory report of the arrangements under which an extra issue of Shirts and Shoes had been authorized by me to Convicts in the ordinary employment of Government, which extra issue was reported to the Lords of the Treasury by the Officer in charge of the Commissariat Department (Mr. Miller) on the 28th July, 1843. Report re extra in reply, I have to apologise to Your Lordship for having clothing for overlooked the necessity of reporting to Your Lordship, in July, convicts. 1843, that I had sanctioned this extra allowance of Clothing; but it is scarcely in my power to add anything to what is con­ tained in Mr. Miller's letter,* respecting the necessity which gave rise to it. The additional expense caused by the extra issue is one growing out of the abolition of assignment, and admits of very easy explanation. Convicts in Ironed Gangs, or at Penal Settlements, have always been allowed three Shirts and three pairs of Shoes per annum; but Convicts in the general Depot, called " Hyde Park Barracks'' at Sydney, were, whilst assignment lasted, only allowed a Shirt and a pair of Shoes, once in every six months, because they rarely remained more than six months in that Establishment. When assigned to a new Master, that Master was required to clothe them; and, when withdrawn from or returned by a Master, they generally brought with them some portion of the clothes, which they had received whilst in that Master's service. Now, however, a man, once withdrawn from private service, is not reassigned, but remains a charge on Gov­ ernment until eligible for a Ticket of Leave; and, as he has no means of obtaining Clothing, beyond what the Government allows him, an increase in that allowance became necessary. I have, &c, GEO. GIPPS. •Note 76. STANLEY TO GIPPS. 739

LORD STANLEY TO SIR GEORGE GIPPS. ' 1844. (Despatch No. 125, per ship Morayhsire.) Sir, Downing Street, 26th August, 1844. I have received from Mr. Wm. Hull, whose covering note Letter received is dated Melbourne the 6th of April last, a printed letter which re separation he has addressed to me relative to the question of separating the °f dj p^-jjj01 District of Port Phillip from the Middle or Sydney District, and he enumerates the various motives which in his opinion ought to influence Her Majesty's Government in governing the two provinces by Separate Legislatures. Mr. Hull further adverts to the circumstance of three of the Indifference first elected Port Phillip Members of Council having resigned members for their seats, and to the indifference which is shewn by the Electors Port PhllliP- as to who shall supply their place. You will acknowledge the receipt on my behalf and thank the Writer for his communication. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 126, per ship Morayshire.) Sir, Downing Street, 26th August, 1844. I have to acknowledge the receipt of your Dispatch and Approval of its Enclosures No. 39 of the 13th of February last, reporting the ^surveyor" S Measures which you had taken for reducing the strength of the general's Surveyor General's Department in New South Wales, and the consequent provision you had found it necessary to make in various ways for the employment of the Officers who were affected by these reductions. I have now to inform you that your arrangements have met my entire approval. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 127, per ship Morayshire.) Sir, Downing Street, 26th August, 1844. I have to acknowledge the receipt of your Dispatches Approval of No. 33 of the 4th of February and No. 57 of the 9th of March dSurel. last, and to signify to you my approval of the measures you there report have been taken by you for disposing of the Govern­ ment Debentures secured on the Crown Revenue of New South Wales in order to defray the expenses of Emigration to the Colony. I have, &c, STANLEY. 740 HISTORICAL RECORDS OP AUSTRALIA.

1844. LORD STANLEY TO SIR GEORGE GIPPS. 26 Aug. (Despatch No. 128, per ship Morayshire.) Sir, Downing Street, 26th August, 1844. Despatch I have to acknowledge the receipt of your Dispatch No. 37 acknowledged. of the 9th of February last, accompanied by a return, prepared by the Agent for Immigration, of the people who had arrived by the Ship " Herald " on the 10th of January together with vari­ ous blank forms and papers illustrative of the course pursued at Sydney on the arrival of an Emigrant Ship. Approval of I have much pleasure in signifying my approval of the very papers re immigrants per efficient manner in which these returns are compiled, and, in any ship Herald. future Emigration of the same kind, the Emigration Commis­ sioners will not fail to advert to such of the Immigration Agent's remarks on the " Herald " as are of general application. I am glad to be enabled to add that all the blank forms and standing Instructions, which have been transmitted by you, appear to be very systematic and complete, and worthy of the interest which the Colonial Government has always shewn in this branch of the public Service. j nave fcc. STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (A circular despatch, per ship Midlothian.) Sir, Downing Street, 26th August, 1844. Instructions re A question having recently arisen whether Clergymen in rules for leave of absence for Holy Orders or other Ministers of Religion in the British clergy. Colonies, on obtaining leave of absence, should, receive that in­ dulgence on the same terms as those which apply to the cases of similar Officers in the Civil Service of the Crown, I have thought it necessary, with the concurrence of the Lords Commissioners of the Treasury, to lay down the following rule for general observ­ ance on this subject. The Clergy or Ministers of Religion in the Colonies may be considered as all falling within the two classes of beneficiaries or stipendiaries, that is, they are all either in possession of Bene­ fices, the emoluments of which are fixed by and depend upon positive Laws; or they are in the receipt of Stipends, which the Queen or Officers acting under Her Majesty's authority may diminish, suspend, or take away without the infringement of any such Law. It is to the last of these two Classes only that any rule regarding the pecuniary conditions on which leave of absence is to be granted can apply. But, in reference to Clergy­ men or Ministers of Religion of that Class, the regulations GIPPS TO STANLEY. 741

respecting the stoppage of the half Salaries of secular Officers in 1844. the Civil Service of the Crown must be considered as strictly 26 Aug' applicable. Instructions re To whatever extent the authority of the Queen or of Her Ma- of absence for jesty's Officers may be competent to enforce it, the further rule clerffy- must also be enforced that no Clergyman or Minister of Religion must be permitted to absent himself from the Colony in which he serves, until adequate and satisfactory provisions shall have been made for the performance of his Clerical duties during his absence. I have, &c, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 182, per ship Haidee.) My Lord, Government House, 26th Augt., 1844. I have had the honor to receive Your Lordship's Despatch Repayment of No. 52 of the 10th April, 1844, directing me to repay into the military chest. Military Chest the sum of £1,500, which had been advanced to Mr. Barnard for the current services of this Colony; and I have to report to Your Lordship that the sum of £1,500 was accord­ ingly paid to the Commissariat Officer in charge of the Military Chest on the 24th instant. I haYe, &c, GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 183, per ship Haidee; acknowledged by lord Stanley, 20th March, 1845.) My Lord, Government House, 27th Augt., 1844. 27 Aug. I have the honor to report to Your Lordship that the late Problem re alterations in respect to Norfolk Island have given rise to a transportation question respecting the expense of transporting from the Colony of doubly of New South Wales offenders of a certain description, namely, transportees to those known by the name of Expirees or Convicts, who, after Norfolk "land, becoming free in New South Wales, have been sentenced to a fresh period of transportation. The Law of the Colony passed in 1832, 3d Wm. IV, No. 3, sections 3 and 4, directs that all persons of this description shall be transported to a Penal Settlement; and accordingly, they have hitherto been sent to Norfolk Island; and, as no communication is held with Norfolk Island, except by Vessels belonging to or chartered by Government, it necessarily followed that the ex­ pense of transporting offenders to it fell oh the Home Govern­ ment; but, since Norfolk Island is no longer a Penal settlement belonging to this Government, doubly convicted Prisoners, or at least a portion of them, will be sent to a Penal Settlement in Van

GIPPS TO STANLEY. 743

[Enclosure.! 1844. 28 Aug. MR. S. WALCOTT TO MR. W. G. ANDERSON. Colonial Land and Emigration office, Sir, 17 August, 1844. Attention having been drawn to the subject by recent Des- Protection patches from New South Wales, I am directed by the Commis- ^"i^fetSae sioners of Lands and Emigration to request you specially to bear immigrants. in mind that the construction sanctioned by a note to the 30 Regula­ tion on the protection of single women applies only to females not younger than 18 years. I am further to state that, with regard to all single Females under 18 years of age, it is wished both by this Board and by the Colonial Authorities that they should never be embarked except they are under the immediate care of married relatives or else attached as Domestic Servants to Ladies going out as Cabin Passengers in the same Ship. The protection however of a married couple, unconnected with any such single female under 18, might be admitted under the same rules as single females above that age in cases where she is accompanied by an adult unmarried brother. T am, &c, S. WALCOTT, Secretary.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 185, per ship Haidee; acknowledged by lord Stanley, 12th April, 1845.) My Lord, Government House, 29th Augt., 1844. 29 Aug. I had the honor to receive, on the 13th June last, Your Despatch Lordship's Despatch No. 2 of the llth January, 1844, enclosing acknowled*ed' a Copy of the Contract, entered into on the 10th 744 HISTORICAL RECORDS OF AUSTRALIA.

1844. LORD STANLEY TO SIR GEORGE GIPPS. 30 Aus' (Despatch No. 130, per ship Morayshire; acknowledged by Sir George Gipps, 7th February, 1845.) Sir, Downing Street, 30th August, 1844. Despatches I have received the series of Dispatches enumerated in acknowledged. ^ margin,* which have all for their common object to explain the difficulties which have arisen in carrying into execution the New South Wales Act, 5 and 6 Vict., Cap. 76, and to suggest amendments of that Statute. Acts for amend- I also enclose two Actsf of the late Session of Parliament stftutionact. (^ and 8 Vict., Cap. 72 and 74) which have been passed in amend­ ment of the 5th and 6th Vict., Cap. 76. You will perceive that to a considerable extent these Acts have effected the amendments which you have suggested. It would be superfluous for me therefore to enter on any explana­ tion of the motives by which these enactments have been sug­ gested, or of the object which it is proposed to accomplish by them. I shall confine myself to a notice of the suggestions made by yourself and not adopted by me, and to an explanation of the reasons by which I have been guided in declining to accede to them. Reasons for In your Dispatch of the lst of Jany. last, No. 8, you propose "ciudVpersons- ^hat Persons iQ Holy orders should be excluded from sitting in in holy orders the Council. The objections (and as I think the conclusive counciif16 a 1V9 objections) to this proposal are that it is barely possible to define dissenting ministers, where there is no. law which requires such a person to take out a license. The words which you propose are " the regular minister of any religious congregation," words, which, though clear enough for popular purposes, are far too vague and indefinite for Legislation. Further, it is not evident to me that the proposed exclusion by a positive Law could be justified in a country where there are no members of the Legislature holding their places in it (as in this Kingdom) in right of their Ecclesiastical offices. I be­ lieve that this is a matter which may be safely left to the control of Public opinion. So long as it is opposed to Clerical persons being elected Members of the Legislature, they will very rarely indeed be Candidates at any sueh Election. On the other hand, if public opinion should favor such a choice, I think it very doubtful whether any real good could result from a positive pro­ hibition of it. Fees of office. You have suggested that the 34th Section of the 5th and 6th Victoria, Cap. 76, does not apply to Fees of office; and you recommend that it should be made clear by an amendment of the

* Marginal note.—No. 168, 14 Oct., 1843; No. 174, 28 Oct., 1843; No. 175, 28 Oct., 1843 ; No. 176, 28 Oct., 1843 ; No. 180, 3 Nov., 1843 ; No. 3, 1 Jany., 1844; No. 6, 1 Jany., 1844 ; No. 8, 1 Janv., 1844 ; Separate, 1 Jany., 1844. tNote 77. STANLEY TO GIPPS. 745 Law that the Fee Fund is at the disposal of the Crown. I can- 1844. not assent to the accuracy of this construction of the 34th Clause, 30Aug ' Fees because I apprehend that a fee of office may properly be said to of: office. be included under the words " imposts and duties." But, sup­ posing the reverse, it appears to me that no good end could really be answered by withdrawing from the control of the Local Legislature a larger sum than that which is taken by the three Schedules annexed to the Act. x of From the accompanying Act, 7 and 8 Vict., Cap. 72, you will f ^l?"e learn that you are not hereafter to submit to the Local Legisla- council from ture any charge for the expense of collecting the Revenue of expenditure on Customs. There is no British Colony of which the Local Legis- customs. lature exercises or claims the regulation of those expenses. If, as is probable, the management of the internal Post office Expenditure shall hereafter be assumed by the Post Master General, the regu- on pos"° ces' lation of the Expences of that Department will, in pursuance of the General Law respecting the Post offices throughout Her Majesty's Dominions, devolve on the Lords Commissioners of the Treasury. I am not aware that, in the series of Dispatches which I have instructions re enumerated, any other practical question is raised, excepting that admimstration' to which you refer respecting the right of the Local Legislature ol iustiee- to diminish the salaries of Public Officers, employed in the administration of Justice, and especially of such of them as received their appointments in this Country. The solution of that question, if not perfectly satisfactory, is I think at least obvious. To whatever extent the Funds placed by Parliament at the disposal of Her Majesty "for^the contingent and mis­ cellaneous expenses of the administration of justice throughout the Colony " can be made to provide for the Salaries in question. I apprehend that it is properly applicable to that purpose, as those Salaries though not contingent, may reasonably be com­ prised under the term " miscellaneous." But to whatever extent those funds are deficient for the payment of the Salaries of these officers, to that extent it must be left to the Local Legislature to grant or to withhold them. By preferring these Salaries to every charge on the £20,000 per annum (except the Salaries of the Attorney and 'Solicitor General and Crown Solicitors) the Fund might obviously be made available to this charge although at the expense of some other less favored object. But I cannot lay down or sanction such a rule for your guidance. The surplus of the £20,000, after providing for the salaries specifically men­ tioned of the Attorney and Solicitor General and Crown Solici­ tors, should be devoted to those contingent and miscellaneous- expenses of the Administration of justice (whichever they may 746 HISTORICAL RECORDS OF AUSTRALIA.

1844. be), which, from their importance or peculiar character, it may 30 Aug. be the most evidently necessary to withdraw from the control Instructions re of a popular Body, the opinions of which must unavoidably be expenditure for administration fluctuating and uncertain. of justice. If such protection shall appear to you more due to the salaries of the Prothonotary and Registrar than to other objects, you will give them the benefit of that opinion and pay them without reference to the local Legislature. But, if they cannot be paid except by the sacrifice of other objects which it may be more important to withdraw from popular debate, then no such pre­ ference is to be accorded to them. Powers of Of course the Legislature must be distinctly apprized of the legislative use designed to be made of every part of the sum of £20,000 council over expenditure for before any vote in aid can be asked from them. But it does not, administration therefore, follow they are to be permitted in direct opposition of justice. to the Act of Parliament to appropriate any part of that Fund. To any such attempt, it will be your duty to oppose the most firm and decisive resistance. If the Votes in aid, for which you may call, shall be refused, the services for which such Votes may be demanded must not be undertaken, and the Legislature should be distinctly apprized that such will be the result of their refusal. It is reluctantly that I contemplate and provide for the revival of any such Controversy. But the occurrences which you have detailed, and the opinions which you have publicly recorded for­ bid me to decline this duty. You are already aware that I do not think it judicious to announce nor necessary to admit that the inability of the Executive Government to provide for the whole expense of administering Justice renders nugatory the enactment, which places at their disposal the means of partially providing for that service. This is not the occasion to vindicate the policy of reserving a Civil List for purposes not specifically Reasons for defined. It is enough to say that, in making that reservation, statutory Parliament has imposed on the Executive Government the duty appropriation for administra­ of protecting from popular control those heads of expenditure of tion of justice. this Class, which, with a view to the public good, most demand that protection. This is, I am aware, an arduous and an un­ welcome duty. But I am well convinced that you will not on that account the less resolutely and zealously perform it. I have, &c, STANLEY. [Enclosures.] [These were copies of the statutes, 7-8 Vict., c. Ixxii and Ixxiv.] GIPPS TO STANLEY. 747

LORD STANLEY TO SIR GEORGE' GIPPS. 1844. (Despatch No. 131, per ship Morayshire.) 30Aug. Sir, Downing Street, 30th August, 1844. In my Dispatch of this date No. 130, I have adverted to the questions suggested by you respecting the execution of the New South Wales Act 5 and 6 Vict., Cap. 76. Closely connected with them is the subject of your Dispatch of the 24th December, Claim by 1843, No. 215, enclosing a resolution of the Legislative Council appropriation to the effect that the excess in any one of the Schedules of that of excess in Act should be applied to make good the deficiencies in any other constitution act. of the Schedules, before any application should in future be made to the Council for any sum in aid of such deficient Schedule. As Parliament has confided to Her Majesty the discretionary authority to determine how the amount of any saving, which may accrue from either of the 'Schedules A or B, shall be appro­ priated to purposes connected with the Administration of the Government of New South Wales, Her Majesty cannot be Denial of claim. advised to divest herself of that power. As long as the Act of Parliament shall not be in this respect altered, so long it will be necessary that The Queen should retain the exercise of the right so vested in Her Majesty. But I have to signify to you Her Majesty's pleasure, that, in the absence of any Commands from Her Majesty to the contrary, the course recommended by the Council should be pursued; tho' subject to any change which further experience may point out as being in Her Majesty's judgment more conducive to the wel­ fare of the Colony and therefore more consistent with the in­ tentions of Parliament. I have, &c, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 186, per ship Haidee.) My Lord, Government House, 30th Augt., 1844. With reference to my Despatch No. 100 of the 7th May, Proposal for S 1844, containing a suggestion from Mr. La Trobe that Packets J*^« °^P' between London and Sydney might land Mails at Port Phillip, I have now the honor to submit a Copy of a further letter, which I have received on the subject from Mr. La Trobe, with an enclo­ sure from the Harbour Master of Port Phillip. I have, &c, GEO. GIPPS. [Enclosure.] [A copy of this letter, dated llth June, 1844, will be found in a volume in series III.] 748 HISTORICAL RECORDS OP AUSTRALIA.

1844. SIR GEORGE GIPPS TO LORD STANLEY. 31 Aug. (Despatch No. 187, per ship Haidee.) My Lord, Government House, 31st Augt., 1844. Despatch I have had the honor to receive Your Lordship's Despatch acknowledged. No. 175 of the 2d December, 1843, and, agreeably to the direc­ tions therein contained, have made enquiry respecting the sup­ posed Murder by the Aborigines in the District of Port Phillip of a man named John Lawrence. Reports re I transmit herewith copies of a letter and its enclosures, which murder of W. Lawrence I have received from Mr. La Trobe, shewing that a man. named by aborigines. Lawrence was murdered by the Natives near Portland Bay (about 700 Miles from Sydney) in May, 1841; but there is rea­ son to suppose that his name was William Lawrence, and that he had been transported many years ago to Van Diemen's Land; consequently that he could not be the John Lawrence mentioned in Mr. W. Cohen's letter to Your Lordship of the 27th Novem­ Inability to ber, 1843. Of this John Lawrence, I can obtain no information; report re 3. Lawrence. and he does not seem to have been assisted by the Government in emigrating to Port Phillip. J have, &c, GEO. GIPPS. [Enclosure.] [A copy of this letter, dated 31st July, 1844, will be found in a volume in series III.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 188, per ship Haidee; acknowledged by lord Stanley, 16th April, 1845.) 1 Sept. My Lord, Government House, 1st September, 1844. Despatch I have the honor to acknowledge the receipt of Your Lord­ acknowledged ship's Despatch No. 50 of the 8th April, 1844, enclosing a Copy re recovery of payments for of a letter (with enclosures) from the Treasury, dated the 27th patients in March, 1844, and desiring me to report whether I have any objec­ convict hospitals. tion to urge to a proposal, made by the Lords of the Treasury, that the Government of New South Wales should be responsible for the recovery of all sums payable for the treatment in Convict Hospitals of free persons, or assigned Convicts, as well as free paupers. Responsibility In reply, I beg leave to report to Your Lordship that this Gov­ for payments ernment is already responsible for the expense incurred in the for patients admitted by treatment of all persons admitted into Convict Hospitals by order. order of the Governor, or of any authorized Agent of the Gov­ ernment; and I scarcely suppose the Lords of the Treasury can desire it to be responsible for the treatment of persons admitted without its order. GIPPS TO STANLEY. 749 To make the subject intelligible, I must explain that there 1844. are at present two modes of admission for persons, who are not 1Sept ' Convicts, and two rates oi payment; tne hrst rate is 3s. per diem, Methods for and is charged against Patients (or the friends of Patients), patients and for who are admitted without any intervention of the Local Gov- convicttS1" ernment, and even without the knowledge of any Officer of the hospitals. Government. The practice is for the Surgeon in charge of the Hospital (who is an Officer of the Home Government, paid out of Convict Funds) to admit Patients on payment being guaran­ teed to him of the accustomed charge by two or more responsible parties. The Surgeon himself collects the money, and pays it to the Commissary General; parties, failing to make good their guarantee, are occasionally sued by the Surgeon; occasionally also losses are sustained; but, as the charge of 3s. per diem is more than double what the treatment of the patient really costs, the operation on the whole is profitable to the Home Govern­ ment; and it is, I think, sufficiently apparent that the Local Government cannot, with any degree of justice, be expected to make good the losses which may occur, whilst the charge con­ tinues at its present high rate of 3s. per diem. The other rate of payment has hitherto been Is. 9d. per diem, and is that paid by the Local Government for every person admitted by its order, whether the person admitted be strictly speaking a pauper, or not. In fact, the existence of the high rate of 3s. per diem for those, who are not paupers, has the effect of forcing many persons to apply to the Local Government for admission in the character of paupers, who in reality are not such, but who might, either out of their own funds or through their friends, be able to pay for their treatment in Hospital, were the charge reduced to a reasonable sum or to what their treat­ ment really costs. A practice has also grown up, which is evi­ dently unfair towards the Colonial Government, namely, that of charging as paupers persons, whose friends may fail to make good their payments. This practice prevails particularly in Practice re respect to Merchant Seamen; and, as I feel the necessity of treatment of stopping it, it may be right that I should further explain the s^men"* nature of it. Seamen are frequently admitted into the Convict Hospital at Sydney, under a guarantee from the Agent of the Vessel, to which they belong, that 3s. a day shall be paid for each patient, so long as the Vessel remains in harbour, and for four­ teen days afterwards; but, at the expiration of the 14 days, the parties are transferred as paupers to the Local Government; for instance, a seaman may be 60 days altogether in Hospital, for the first 30 days, or during the continuance of the guarantee, he is paid for at the rate of 3s. per diem by the Agent of the 750 HISTORICAL RECORDS OF AUSTRALIA.

1844. Ship to which he belongs; but, for the second 30 days, the 1 Sept. guarantee having expired, he is regarded as a pauper, and charged Practice re for as such to the Local Government. admission and treatment of The Agent of the ship will, for thefirst 30 days merchant at 3s., pay £4 10 0 seamen. And the Local Government for the second 30 days at Is. 9d 2 12 6

£7 2 6 Whilst the real expense of his maintenance and treatment in Hospital will be only 60 days at Is. 3d. .. £3 15 0 Reduction in I have next to submit to Your Lordship that the rate, fixed daily rate for paupers. in 1839, of Is. 9d. per diem, is, in consequence of the great fall in the price of every commodity in the Colony, now found to be too high, and that I have consequently given an order to reduce it to Is. 3d. The rate of Is. 9d. was fixed by a Board of Officers in the year 1839, as reported in my Despatch No. 146 of the 8th November, 1839. It was reasonable and proper at that time; but, for the reasons just stated, it is now exorbitant; and I en­ close a Copy of a Report (with its enclosures) made by the Deputy Inspector General of Hospitals (Dr. Dawson), shewing that Is. 3d. is a sufficient, indeed an ample charge. It is in reality not of very great importance, as far as the two Govern­ ments (Home and Local) are concerned, whether the charge be Is. 9d. or Is. 3d.; because whatever is charged against the Local Government for the maintenance of a free patient in a Convict Hospital, the same is charged by the Local against the Charge for Home Government for the maintenance of a Convict in the maintenance of convicts in Lunatic Asylum, which is an establishment belonging to the lunatic asylum. Colony. The two accounts for the year 1843 nearly balanced each other, one amounting to £2,320, the other to £2,125; but it seems to me very undesirable to swell the amount of public accounts by charging higher for any articles than the actual cost of them. Proposed I have lastly to report to Your Lordship that I should entirely reduction of rate for private have abolished the rate of 3s. per diem, but for an objection patients. urged by the late Deputy Commissary General (Mr. Miller), in a letter of the 26th June last, of which I enclose a copy; but that, in consequence of his objection, I confined myself to the issue of an order, reducing the charge for Paupers in Hospitals and for Convicts in the Lunatic Asylum from Is. 9d. to Is. 3d. per diem, subject to revision at the end of 1845. I would, how­ ever, still recommend the abolition of the 3s. rate; and, if this GIPPS TO STANLEY. 751 rate were abolished, the Local Government might be made re- 1844. sponsible for payment at the rate of Is. 3d. per diem for every 1 Sept' person admitted to a Convict Hospital, not being actually a Convict. I have, &c, GEO. GIPPS. [Enclosure No. 1.] DR. DAWSON TO COLONIAL SECRETARY THOMSON. Sir, P.M.O., Sydney, 13th June, 1844. By desire of His Excellency the Governor, I have been for Report re some time considering the amount of the charges made for admis- charges for sion into the Convict Hospitals of several Classes of Free persons; ^ Dawson; and, believing that Surgeon Harnett from local experience and knowledge of the persons under his treatment and of their friends must better understand the subject, I have consulted with him. As the result, I have now the honor to forward two Returns of the Expenditure and receipts of the Sydney Hospital for the Month of May, and a letter from Surgeon Harnett proposing that the charge for all classes of Free persons received into the Hospital should be reduced to Is. 3d. per diem. By the return, it appears that the total cost of each Patient is under 9d. per diem or £174 Is. Sd. for the whole sick for the month. If to this be added £100 as the value of the rental of Hos­ pital buildings and grounds and of the Services of the Officers of the Medical, Commissariat, Engineer and Ordnance Departments for the management of and supplies of necessaries to the Hospital, the total cost for the Month would have been £274 Is. 9d., or some­ what less than Is. 2d. for each patient. Hence I agree with Surgeon Harnett in the belief that Is. 3d. per diem would fully cover the total expense of each patient in the Hospital; and it seems to me reasonable to Suppose that, at this reduced charge, many persons would avail themselves of the boon of good Medical treatment and care, who cannot afford to pay 3s. per diem; that several, who are now obliged to seek admission as paupers, would endeavour to pay for themselves rather than be treated as objects of public Charity; that private benevolence, which now shrinks from the responsibility of the present heavy charge, would be often exercised in favor of the Sick poor, and that Merchants would even more willingly guarantee the payment for the treatment of Sick Seamen of the Vessels consigned to them. I have, &c., W. DAWSON, P.M.O. [Sub-enclosure No. 1.1 COLONIAL SURGEON HARNETT TO DR. DAWSON. Sir, General Hospital, Sydney, 11 June, 1844. With reference to the Regulations relating to the admission of Free patients and by into the Colonial Hospitals, I have the honor to direct your attention to the high P. Harnett. rate of Fees at present charged for their treatment, and beg to forward you an Abstract of the disbursements and receipts of this Establishment for the last Month, by which it will appear that the value of Issues made of provisions, Medicines, Sta­ tionery and Clothing, for the support of the Patients, is only 6£d. a day each; and that the total expense, including the pay of the Officers, the gratuities of the Attendants, and repairs of the building, is a fraction under Nine pence per diem for each patient. . , . The present Charge for the maintenance of Free--patients, who pay for themselves, or whose treatment is paid for by their friends, is three Shillings per diem; this demand in many instances acts as a preventive to respectable persons who cannot afford to pay it, and would, were the charge moderate, be desirous of procuring 752 HISTORICAL RECORDS OF AUSTRALIA.

1844. admission into the Hospital for their sick relatives and others; and cases are not 1 Sept. unfrequent of patients being reluctantly compelled to forego the benefit they are deriving from medical treatment in Hospital in consequence of the objections which are made to the Charge, and the Guarantee being withdrawn. Charge for I have the honor therefore, if it meets your approval, respectfully to submit for patients the consideration of His Excellency the Governor, that the Charge for paupers be proposed by reduced from One shilling and ninepence to One shilling and threepence each, and P. Harnett. that the fees for patients, who are now paying 3s. per diem, and for Police Con­ stables who are paying Is. 9d., be reduced to the Same Charge, as there is no distinction made in the diet or treatment of any Class of persons in Hospital. I am of opinion that the difference between the Sum actually expended at present daily, for the treatment of each Free patient, and the proposed charge of One shilling and threepence, will more than cover all the Contingencies, to whieh the Establishment is liable as forming a portion of the Medical Department, as well as making allowance for any future advance in provisions, etc. I have, &c, P. HARNETT, Col. Surgeon. [Sub-enclosure No. 2.] [This statement detailed expenditure, totalling £H4 Is. 9d., and revenue totalling £161 2s.] [Enclosure No. 2.] DEP. COMMISSARY-GENERAL MILLER TO COLONIAL SECRETARY THOMSON. Objections by Sir, Commissariat Office, Sydney, 26th June, 1844. W. Miller to I have the honor to acknowledge the receipt of your letter reduction of charge for of the 21st Instant with the papers now returned, containing a free patients. proposal from the Deputy Inspector General of Hospitals to reduce to Is. 3d. per diem the charge for all free Persons admitted for treatment into the Convict Hospitals. In answer, I have the honor to state that, at the present time, I think one shilling and three pence per diem would sufficiently repay the expense incurred; and, as that of free Persons admitted as Paupers is chargeable to the Colonial Government, there is no reason why any thing more than the actual expense should be exacted, more especially if the same Scale be applied, as heretofore, to the treatment of Convicts in the Lunatic Asylum, the expense of which payable by this Department and that of free paupers in the Convict Hospitals being found nearly to balance each other. I am also of opinion that, for greater correctness, it would be preferable that the charge to be made should be submitted to the examination of a Board of Enquiry from year to year. The higher charge of 3s. per diem for free persons able to pay for themselves has always had an additional object, that of pre­ venting the Hospitals from beingfilled by such persons; and I am not aware of its being less necessary now than at any former time. It is a purpose for which these Hospitals were never intended; and, as it is in contemplation to discontinue them, and the period of their being finally closed is doubtless approaching, I conceive that it would be more consistant with the gradual reduction, whieh will naturally precede, that event, to adopt measures to limit the accommodation hitherto afforded to the public, unless the admission of the free persons could be entirely prevented. But, in the meantime, the frequent losses of money, which occur from various causes and the great trouble of collection are strong reasons against giving them the benefit of the lower rate, which moreover would now appear like inviting them into the Hospital; and I therefore think that the charge of three shillings per diem had better be continued. I have, &c, W. MILLEE, D.C.G. STANLEY TO GIPPS. 753

SIR GEORGE GIPPS TO LORD STANLEY. ISU. (Despatch No. 189, per ship Haidee.) 2 Sept' My Lord, Government House, 2d Sept., 1844. I have had the honor to receive Your Lordship's Despatch Report re of the llth April, 1844, requiring information respecting a W'Willmot- person named William Willmot, a Private in the Mounted Police of this Colony; and I beg to refer to my Despatch No. 119 of the 18th June last, in which I have already reported that William Willmot is still in the Police at Bathurst, and reported by his Commanding officer to be " a good Soldier and doing well." I have, &c, GEO. GIPPS. SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 190, per ship Haidee; acknowledged by lord Stanley, 16th July, 1845.) My Lord, Government House, 3rd Sept., 1844. s Sept. I have the honor to enclose herewith a Copy of the Report Report trans- made to me by the Board of Immigration on a party of Emi- gS^Vs^" grants sent to this Colony by Messrs. Carter and Bonus in thest - Vincent. ship " St. Vincent." As Bounties have either been refused or temporarily withheld in the case of this Ship to the amount of £364 13s., I beg to request that the Report may be submitted to the Commissioners of Colonial Lands and Emigration. I have made some observations in the Margin of the Report; and I wish in particular to attract attention to the case of the two sisters named Julia and Eliza Hogan, in which there is great reason to suppose that the name of a Clergyman has been forged; also to the case cf the family named Sheehy, in which very gross imposition has, according to all appearances, been unnecessarily practiced. I have, &c, GEO. GIPPS. [Enclosure.] [A copy of this report is not available.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 133, per ship Midlothian; acknowledged by Sir George Gipps, 9th February, 1845.) Sir, Downing Street, 4th September, 1844. 4 Ser)t- I have to acknowledge the receipt of your Dispatch No. 48 Despatch of the 23d of February last, apprizing me of the Instructions ae now e Ke ' which you had given to Major Childs, the Superintendent at Norfolk Island, on his departure for that Settlement. SER. I. Vol.. XXIII—3 B 754 HISTORICAL RECORDS OP AUSTRALIA.

1S44. Subject to the exception which I shall now proceed to notice, 4 Sept. these Instructions, together with the views generally by which you have been guided, have met with my entire concurrence. Assumption by I observe then that you assume it to be the intention of Her Sir G. Gipps re intentions Majesty's Government that Norfolk Island is to be kept for two for disposal classes of Convicts only, namely, the best of those under second of convicts. Convictions, whether from New South Wales or from Yan Die- men's Land, and the worst of those first convicted whether from Europe or elsewhere. In order to effect that object, you propose to send to Van Diemen's Land from New South Wales the worst of the prisoners under second sentences, to be stationed at Port Arthur, and the best of those first convicted in New South Wales, to be worked in the probation parties in Van Diemen's Land, leaving the worst of those singly convicted in New South Wales, and the best of those doubly convicted in that Colony to go from thence to Norfolk Island. You further propose that the refuse of the old doubly convicted Prisoners now at that Island should be removed as soon as possible to Tasman's Peninsula. Error in You are mistaken, however, in supposing that Her Majesty's assumptions of Government ever intended that detention in Norfolk Island Sir G. Gipps. should be confined to the two classes to which alone you con­ template applying it. In the general Instructions on Convict Discipline of the 25tl) of November, 1842, it was pointed out that the misconduct of the Convict in Norfolk Island might have the effect of prolonging his detention there indefinitely within the term of his original sentence; and I not only do not see any reason for excluding the Convicts now at Norfolk Island from the operation of that Principle Rule, but I consider the principle sanctioned to have been that proposed re this Island should be the place of first detention, not only for convicts at Norfolk island. persons convicted of the more -heinous Class of offences, if transported from this Country, but generally for all Convicts whom it may be considered right to visit with the severest sentences. Explanation In conclusion, I have io request you will furnish me with an required from explanation of the grounds on which you have formed an Sir G. Gipps. opinion that it would be desirable to send the worst of the second Convicted Prisoners from New 'South Wales to Van Diemen's Land, instead of to Norfolk Island, and also to transfer from thence to the same destination the " refuse of the old doubly' convicted Establishment." Worst convicts At present, I am of opinion that the worst offenders of what­ to be sent to ever Class should be sent to Norfolk Island, there to be detained Norfolk island. for a time apportioned to their Crimes; and that, as a general STANLEY TO GIPPS. 755 rule, three or four years of Norfolk Island discipline will be 1844. sufficient punishment for most offences, and that.the period may 4 Sept. be prolonged with propriety where the guilt is heinous. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 134, per ship Midlothian.) Sir, Downing Street, 4 September, 1844. I have received your Dispatch and its Enclosures, No. 28 Despatch of the 30th of January last, relating to the Land Claim of Mr. Sydney Stephen. The following appears to be an outline of the case:—In 1804, Summary of Governor King granted by Deed to certain, persons, as Trustees ^Stephen for the Inhabitants of the Township of Richmond in the County t0 land Krant- of Cumberland, 5,130 acres of Land as a Common; and some years afterwards, on laying out the Village of Windsor, Gov­ ernor Macquarie called a meeting of the Inhabitants interested in the Common of Richmond, and personally proposed to them that 400 Acres of the Land should be appropriated to the Church at Windsor as Glebe, to which they assented; and, on the lst of November, 1822, a Deed of Grant was issued by Sir Thomas Brisbane (then filling the office of Governor), conveying the 400 Acres to the Chaplain for the time being of Windsor, with­ out any reference whatever to the previous grant, whieh in­ cluded this Land, made to the Trustees for the Inhabitants of the Township of Richmond, or their being made parties to the Deed. The Chaplain of Windsor afterwards resigned the Glebe to the Trustees of " the Clergy and School Lands," in considera­ tion of his receiving £100 a year from that Corporation; and, by Advertisement dated the 28th October, 1828, 360 acres of the Land in question were offered to public competition by tender for a Lease of 21 years, which was to contain Clauses giving the Lessee power to transfer his interest in the term and to convert the Leasehold into a Ereehold, on payment of 20 years' rent in addition to any rent, which might be due at the time of enfran­ chisement. On the 1st of January, 1829, Mr. S. Stephen, having offered £57 10s. per annum for the Land, was declared to be entitled to it. He would, therefore, have to pay the sum of Eleven hun­ dred and Fifty Pounds to acquire the Freehold of the Property., In February, 1829, Mr. Stephen took possession of the Land, leaving a Mr. Backhouse in charge of it. About Forty Acres however of the best land still continued in the occupation of the 756 HISTORICAL RECORDS OF AUSTRALIA.

1844. Minister, which he refused to give up, but of this also. Mr. 4 Sept. Stephen obtained possession in 1835. By the Report of the Summary of Police Magistrate of Windsor of the 7th September last, which claim of S. Stephen you have transmitted, the whole of the Land appears to be occu­ to land grant. pied by an Agent of Mr. Stephens, who made a small profit of it by grazing Cattle and the sale of firewood; but Mr. Stephen is reported to have derived no profit from it himself, the present value of the Land, to purchase, being estimated at about £2 to £3 per Acre, or about Nine hundred Pounds for the 360 Acres. The Church and School Corporation was dissolved in 1834, and, by the New South Wales Act, 5 Will. 4, No. 11, their pro­ perty and its liabilities were transferred to the Crown. No Lease has ever been issued to Mr. Stephen, although he repeatedly applied for it,first t o the Corporation and after its dissolution to the Government. Thefirst application for rent was made to him in September, 1832, when he declined to pay the arrears on the ground of his not having received his Deed, and he has in fact paid no rent since he had possession of the property. I fur­ ther observe that Mr. Stephen refers to a conversation with Sir R, Bourke in. the year 1835, in which that Officer, adminis­ tering the Government, said he was not to pay rent until he got his Deed; and he now calls upon the Government to convey to him the freehold interest of this Land on payment by him of Settlement of the sum of £1,150 without interest or Back Rent. claim proposed You have expressed your inability to comply with that re­ by Sir G. Gipps. quest; but, in consideration of the delay which had occurred in disposing of his case, you have directed a sum of one hundred Pounds to be offered to Mr. Stephen by way of compensation, as a final settlement of any claims upon the Government, re­ leasing him at the same time from any claim for Rent as well for the Land in question, as for another Estate, which he held on terms nearly similar. The question for my decision at present is whether Mr, Stephens should be allowed the fulfilment of the engagement made with him by the Church and School Corporation, and this without any demand for interest on the stipulated purchase Approval of action of money or for rent for the Land from an earlier period than the Sir G. Gipps. date of his Deed. I have now therefore to inform you that, on becoming aware of the fact of Governor King's previous Grant of the Land in 1804, you acted quite right in declining to issue Inquiry ordered re validity of any other grant of the same Land. Under all the circumstances, grant of however, you will consider yourself authorized to take the proper common. steps for ascertaining whether the Grant of 1804 was or was not valid, and whether there is or is not any continuing right or in­ terest under it. GIPPS TO STANLEY. 757 If it should be proved that the Grant was not valid, or that 1844. there is no continuing interest under it, you will be at liberty i Sept to make a grant of the Land to Mr. Stephen. instructions The question would then arise whether the arrears of Rent ot'ciaim6™6" should be required from Mr. Stephen up to the time of his s'stephen- obtaining the necessary Deed; and this must be decided, not with reference to the profit Mr. Stephen has actually made of the Land, but with reference to what might have been made of it by a person occupying it without a Lease. This would prob­ ably be found to be much less than the rent in question, and I am of opinion that Mr. Stephen should not be called upon to pay a larger sum by way of Interest or rent than this possible profit. I have, &c, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 191, per ship Haidee; acknowledged by lord Stanley, 24th February, 1845.) My Lord, Government House, 4th Sept., 1844. Agreeably to the directions contained in Your Lordship's Letter trans- Despatch of the 7th March, 1844 (not numbered), I have called Arkins. on Mr. Arkins for a Copy of the letter, which he addressed to Tour Lordship on the 19th September, 1843, soliciting employ­ ment in the Convict Department either in Van Diemen's Land or Norfolk Island; and I enclose the Copy, which I have received from that gentleman. Mr. Arkins has given me satisfaction in the employment Report on which he has held under this Government since the 8th May, app ica Ion' 1839; but I am not aware of any peculiar claims which he has on Her Majesty's Government for advancement. I have, &c, GEO. GIPPS. [Enclosure.] [A copy of this letter is not available.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 193, per ship Haidee; acknowledged by lord Stanley, 30th April, 1845.) My Lord, Government House, 6th Sept., 1844. 6 Sept. I have the honor herewith to enclose a Copy of a Minute Leave of absence made in the Executive Council of this Colony on the 15th sir fowling. Ultimo, shewing the circumstances under which, with the advice of the Council, Leave of Absence has been given to the Chief Justice to proceed to England for the recovery of his health. 758 HISTORICAL RECORDS OF AUSTRALIA.

1844. I further enclose a Copy of an Address, which has been pre­ 6 Sept. sented to me by the Legislative Council, expressing a desire that Request by the Chief Justice should receive his full Salary during his council for full salary for absence from the Colony, also a Copy of the Answer which I Sir J. Dowling returned to this Address. during absence. It would have been extremely gratifying to me, could I have promised to Sir the receipt of his full salary (£2,000 per annum) during his absence from the Colony, especi­ ally as I am convinced not only that his health is very greatly impaired, but also that the indisposition which he labours under may very justly be attributed in great part to the laborious atten­ tion, which he has given to his duties as a Judge in New South Wales during a period of more than sixteen years. I felt, how­ ever, that, in making such a promise, I should have exceeded my authority, and probably have exposed the Chief Justice to dis­ Full salary appointment ; but nevertheless, and notwithstanding the necessity recommended. of exercising all possible economy in the present financial state of the Colony, I should be glad if, under Your Lordship's authority, full Salary could be allowed to him. Sir James Dowling proposes to proceed to England in the ship " Greenlaw," which will sail in a few weeks. Previous The Despatches noted in. the margin* will shew that Sir James application for leave of Dowling desired to obtain leave of absence in the year 1841, but absence. did not obtain it. I have, &c, GEO. GIPPS. [Enclosure No. 1.] Minute of MINUTE of Proceedings of the Executive Council on the 15th executive August, 1844, relative to an application from Chief Justice council re leave of absence for Sir James Dowling for leave of absence. Sir J. Dowling. (Confirmed 26th August, 1844.) His EXCELLENCY the Governor laid before the Council a letter from the Chief Justice, with an accompanying Medical Certificate, repre­ senting that " a prolonged leave of absence of eighteen months or two Tears, with a sea voyage and change of climate, was indis­ pensable to the preservation of his life." His Honor on this ground applied for leave of absence, and expressed a confident hope that a service of nearly seventeen years in the Colony, and an un­ remitting discharge of his duties throughout that long period, would be held to justify an allowance of full salary during his absence. The Council without hesitation recommended that leave of absence should be granted to the Chief Justice for eighteen months, being the most extended leave which it was competent to this Gov­ ernment to grant. In respect to the application for an allowance of full Salary during the continuance of that leave, the Council fully admitted Sir James Dowling's claim to the most favorable consideration, which it was in the power of this Government to * Marginal note.—From Sir G. Gipps, No. 117, 28th May, 1841. Lord Stanley's reply, No. 23, 26th Oct., 1-841. GIPPS TO STANLEY. 759 bestow. It appeared, however, to the Council that, under the General 1844. Eegulations issued from the Colonial Office, more than half Salary 6 Sept. could not under any circumstances be guaranteed. FRANCIS L. S. MEREWETHER, Clerk of the Councils. [Sub-enclosure No. 1.] SIR JAMES DOWLING TO SIR GEORGE GIPPS. Sir, Brougham Lodge, 6th August, 1844. Your Excellency is aware, from the Certificate of my Medical Attendants, Application by transmitted to you on the 6th ultimo, that I have been suffering under severe and Sir J. Dowling dangerous illness, the result of which, in connexion with a state of extreme weak- f°r leave of ness and exhaustion produced by long continued and close application to my public absence on full duties, has been my temporary retirement from them, on leave of absence, for a Pav- term not yet expired. I regret to have to inform Your Excellency that I have experienced during the last few weeks several serious relapses, of which the effect is, as you will find Certified in the enclosed paper, a most distressing prostration of my remaining strength, rendering a prolonged leave of absence of eighteen months or two years, with a sea voyage and change of Climate, indispensable to the preservation of my life. My appointment as a Judge of this Colony, by King George the Fourth, bears date the 6th August, 1827, and I took my seat on the Bench on the lst of March following. From that period, including the term of nearly Seventeen Years (with the single exception of a few weeks' absence in 1842, when suffering from illness, which demanded a much longer relaxation), I have unsparingly devoted myself to the arduous duties of my high Office ; and, to their laborious and unremitting dis­ charge, under circumstances, frequently of great and unusual discomfort, I owe my shattered state of health, and the necessity of this application to Your Excellency for temporary relief from them. The actual amount of my Judicial labors, for the last six years and upwards, Your Excellency is acquainted with and will be able to appreciate. I may add that, during at least an equal portion of time, in the earlier part of my career owing to the frequent indispositions of Sir Francis Forbes, and the declining health of the late Mr, Justice Stephen, I was not less constantly or laboriously occupied. Of the manner in which I have discharged my duties during this long service, it is for others to form an opinion; but this I. can conscientiously say, that it has been the honest ambition of my soul to maintain my position in such a manner as to reflect credit on the appointment, and render the important Office, I have the honor to hold, respected by all classes of Her Majesty's Subjects. Under the circumstances represented, I shall not doubt that the leave of absence, which I solicit, will be readily granted to me. But I persuade myself that my long and arduous public services will be thought to justify, if not to call for, the con­ cession of such a pecuniary allowance as will enable me to take advantage of it. The heavy expenses of maintaining and educating a large Family (still not provided for), I may frankly confess, have put it out of my power, notwithstanding every reasonable exertion to lay by money; nor, considering the many calls upon a Judpe, and the expenses to which he is ordinarily exposed, do I conceive that I should even, under more favorable circumstances, have found it practicable to do so, to an extent sufficient for an emergency of this nature. I Venture therefore to express the hope that Your Excellency will not think it unreasonable to sanction the payment to me, during the term mentioned, of the full amount of my salary ; and I should trust that a recommendation to that effect from Your Excellency to the Council would meet with their concurrence. With this object in view, I respectfully request that Your Excellency would be pleased to submit this proposition, as early as possible to the Legislative Council, now sitting, as a special matter, distinct and separate from the general Estimates for the Judicial Establishment. I am the more induced to hope that Your Excellency will view my present claims in the same light that they are above placed, from the consideration that this is a second application for leave on account of illness; that the former Application was accompanied with merely the usual expectation of being allowed half salary ; and that it was deemed proper to refuse it, from a disinclination to add to the expenses of the public, in consequence, I presume, of the instances of leave, accompanied with similar expenses, which had only just previously been granted to several of the Officers of the local Government, whose length of Service and state of health did not give equal claims with my own, and which I have no doubt are still in the recollection of Your Excellency. Secondly, from the consideration that there is no such instance of expense at present; andfinally, from the fact that my present illness, and consequent present inadequacy to my public duties, has been, in the opinion of my Medical Advisers, 760 HISTORICAL RECORDS OF AUSTRALIA.

1844. the result of my being, in consequence of the above refusal of leave, constrained 6 Sept. to continue in the unremitting discharge of my public duties during the last three years, until a degree of exhaustion has been produced, which in their opinion has rendered my present application a matter which admitted of no alternative. I have Stated these facts, in order more fully to elucidate my case, and to justify Your Excellency's application, should Your Excellency be pleased to make such in my behalf to the Council. I have, ke., JAMES DOWIIKG. [Sub-enclosure No. 2.] MEDICAL CEBTIFICATE. Sydney, 6 August, 1844. Medical THE undersigned hereby Certify that the Honorable the Chief Justice Sir James certificate re Dowling has, since the last Certificate under their signatures of date the 6th ultimo, Sir J. Dowling. sustained two distinct and severe relapses of his complaint, which have been pro­ ductive of a degree of exhaustion, which, in their opinion, renders it necessary that Sir James Dowling should obtain leave of absence for two years, and further that a decided Change of Climate is absolutely indispensable for the restoration of his health. W. DAWSON, M.D. W. BLAND, Surgeon. [Enclosures Nos. 2 and 3.] [This was an address, dated 21st August, 1&44, from the legisla­ tive council, requesting leave of absence for Sir James Dowling, and the reply of Sir George Gipps, dated 28th August, 1844, which roill be found in the " Votes and Proceedings " of the legislative council.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 194, per ship Haidee; acknowledged by lord Stanley, 30th April, 1845.) My Lord, Government House, 6th Sept., 1844. Appointment of In my Despatch No. 149 of the 18th July, 1844, I reported W. A'Beckett to act as judge; that I had appointed the Solicitor General (Mr. W. A'Beckett) to a temporary seat on the Judicial Bench of this Colony, in consequence of the nonarrival of a successor to Mr. Justice Burton, and of the continued illness of the Chief Justice. In that Despatch, I also stated that, though I had not then filled up the Oflice of Solicitor General, I greatly feared I should shortly be obliged to do so. and of I have now to report that, in consequence of the commence­ W. M. Manning ment of the Assizes or Circuit Courts, I was compelled on the as solicitor- general. 31st Ultimo, to fill up the Office of Solicitor General, and that I appointed accordingly on that day Mr. William Montague Manning to act as Solicitor General, during the period Mr. A'Beckett may be employed as a Judge, or during Her Majesty's pleasure. I have as yet no Official intelligence of the appointment of a successor to Mr. Justice Burton; and, though from unofficial information I am led to expect that a New Judge may arrive in Necessity for the course of a month of six weeks, Your Lordship will observe retention of services of that even after his arrival the services of Mr. A'Beckett will still W. A'Beckett. be required on the Bench, leave of absence having been given to the Chief Justice to proceed to England for the recovery of his health, as reported in my Despatch of this day's date, No. 193. GIPPS TO STANLEY. 761 Mr. W. M. Manning, the gentleman whom I have appointed 1844. Solicitor General, is a Barrister of 12 years' standing, and has 6^!lt" acted during the last eight years as Chairman of Quarter Ses- w^S'im-n0' sions in New South Wales, to which situation he has been annu­ ally elected by the Magistrates, under the Local Acts of Council, 10th Geo. IV, No. 1, and 3d Vict., No. 10. I feel it right to inform Tour Lordship that Mr. W. M. Man­ ning is the son of Mr. John Edye Manning, the late Registrar of the Supreme Court, whose defalcation in 1841 was productive of the disastrous effects which have often formed the subjects of communication to Your Lordship. He is also Brother to Mr. Edye Manning, a Merchant of Sydney, who, in his capacity of a Director of the Bank of Australia, was one of the persons alluded to in my Despatch respecting the affairs of that Bank, Fo. 40 of the 31st March, 1843. Mr. W. M. Manning having in no way, however, been involved in the pecuniary transac­ tions either of his father or brother, and his reputation being altogether unsullied in the Colony, it did not seem to me that considerations, arising out of circumstances not affecting him­ self personally, should influence me in withholding from him the distinction and advantages which he had just reason to expect as well from his position in his profession, as from that in which he stood to the Government. I have, &c, GEO. GIPPS. SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 196, per ship Haidee.) My Lord, . ' Government House, 8th Sept., 1844. 8 Sept. I have the honor herewith to forward a Petition, which Petition has been addressed to Her Most Gracious Majesty by certain transmltted- " Magistrates, Landholders, Graziers, and others, resident in the District of Penrith, in the Counties of Cumberland and Cook in New South Wales." This Petition is to the same effect as those which were trans­ mitted with my Despatch, No. 178 of the 22d ultimo, and it is signed by 104 persons. I have, &c, [Enclosure.] GEO. GIPPS. THE humble Petition of the Undersigned Magistrates, Land- Petition from holders, Graziers and others resident in the District of Pen- dStrirt of" rith in the Counties of Cumberland and Cook, Lmfnlstration To Her Most Sacred Majesty Victoria, by the Grace of God of the o( orown lands. United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, Sheweth, , ,.,.., „ , That Your Majesty's dutiful and loyal subjects in the Colony of New South Wales have seen with alarm and distrust the 762 HISTORICAL RECORDS OF AUSTRALIA,

1844. publication of a Government Notice (a copy whereof is appended to 8 Sept. this petition) whereby His Excellency the Governor, with his Petition from Executive Council only, directs alterations in the Regulations, re­ residents in specting the temporary occupation of the waste lands beyond the district of Penrith re limits of location, and throws on great numbers of Your Majesty's administration petitioners, occupants under license from the Government, an of crown lands. encreased amount of fees for their licenses, far beyond their power to raise by the profits of such occupation. That licensed occupiers of the said waste lands already pay a fee of £10 per annum for a license (intended as a Certificate of Character) to occupy the same, without reference to extent, which amounts now to upwards of £16,000 per annum, and also contribute to the Revenue an Assessment on the number of sheep, horses and Cattle they there depasture, which amounts to upwards of £17,000 per annum, and which latter Your Majesty's Petitioners have paid as imposed by the Legislature of the Colony, although it far ex­ ceeds the cost and value of the protection for which it was granted. That Your Majesty's Petitioners humbly submit that the fair and equitable method of Proportioning to their extent the sums paid for such occupation of the different Stations would be through the assessment on the number of Stock depasturing thereon; and Your Majesty's Petitioners believe that-the present expedient for increasing the fees on licenses has been had recourse to from a knowledge that your Petitioners' Representatives. were too well acquainted with the means of the Colonists in their present depressed state, to consent to any increase on their burthens. That Your Majesty having been graciously pleased to concede to the Colonists a Council, two-thirds whereof are elected by the people, the boon is valueless in the eyes of Your Majesty's Peti­ tioners, if a Power of exacting an independent revenue, under the title of an increase to a fee, be allowed to the Governor and Execu­ tive Council only, as it will be in His Excellency's power, by having recourse to the same, to render inoperative any beneficial measure passed by their Representatives for lessening the public burthens; and will thus continue that want of confidence in the good faith of the Government, which, recently engendered, has crippled the energies and darkened the prospects of the Colonists of New South Wales. That your Petitioners are far from imputing to Your Majesty's advisers a desire knowingly to entail ruin and want on them and their offspring; but they humbly suppose that the remote distance of this Colony from Great Britain may explain the cause of her ieal interests being so ignorantly and destructively tampered with, as they have been (among other things) by the sudden cessation of transportation and assignment; the misappropriation of the land fund to other than immigration purposes, and its lavish expendi­ ture; the raising the minimum price of Crown lands to the pro­ hibitive amount of twelve shillings, and then of One Pound per Acre; and the regulations now complained of. But Your Majesty's Petitioners, who yield to none of Your Majesty's subjects in un­ feigned loyalty and attachment to .vour throne and person, respect­ fully submit, that to the Governor and Legislative Council of the GIPPS TO STANLEY. 763 Colony might safely be confided the regulation and control of the 1844. Crown land revenues under a well matured system for the general 8 Sept- national benefit. .... 7 , . , , „ .... Petition from Your Majesty's Petitioners, therefore, most humbly Pray Your residents in Majesty will be graciously pleased to take the same into Your district of consideration, and to grant to the Colonists of New South Wales, administration the exercise of the right, enjoyed by their fellow Subjects in the of crown lands. Mother Country, of being taxed only by a Representative assembly; and also with a view to convert the great, but now dormant re­ sources of the Colony, derivable from its waste lands, to the utmost national advantage, that Your Majesty will be pleased to Commit to the charge of the Governor and Legislative Council of the Colony the control and administration of the same, under a well defined and judicious System, embracing a Modification of the minimum price and terms of sale of Crown'lands within the limits of loca­ tion, as also the tenure of occupants beyond those limits, upon such liberal terms as may renovate and sustain a healthy and per­ manent immigration; and thus promote the best interests of the empire at large. And Your Petitioners, as in duty bound, will ever Pray. [Here followed the signatures.] [Appendix A.] DEPASTURING LICENSES. Regulations re depasturing Colonial Secretary s Office, Sydney, 2nd April, 1844. licenses. "WITH reference to the Regulations of the 21st May, 1839, and 14th September, 1840, relative to the occupation of the Crown Lands beyond the boundaries of loca­ tion, His Excellency the Governor, in consequence of the practice which has grown up of parties occupying several distinct Stations under one License, has been pleased, with the advice of the Executive Council, to direct that parties occupying Stations in separate districts, notwithstanding that the same may be contiguous, shall be required in future to take out a separate License for each such district, and to pay the established fee of Ten Pounds for the same; and that no person shall in future be allowed to take up a new Station, either in the same district in which his stock may be depastured, or in any other, without having first obtained a separate License for the same, under the recommendation of the Commissioner, and paid the fee of Ten Pounds thereon. "(2) His Excellency, with the advice of the Executive Council, has further directed, that, from and after the first day of July, 1845, a separate License must be taken out, and the fee of Ten Pounds paid thereon, for each separate Station or Run occupied, even though situated in. the same district. " (3) No one Station, within the meaning of these Regulations, is, after the first July, 1845, to consist of more than twenty square miles of area, unless it be certified by the Commissioner that more is required for the quantity of sheep or cattle mentioned in the paragraph. " (4) If the party desire to occupy more, and the Commissioner consider him entitled to such occupation, with reference to the quantity of Stock possessed by him, or its probable increase in the ensuing three years, as well as the accommodation required by other parties and the general interests of the public, an additional license must be taken out and paid for. " (5) Every Station, at a greater distance than seven miles from any other occupied by the same party, will be deemed a separate Station within the meaning of these Regulations, even though the area occupied may not altogether exceed twenty square miles; and no one License will cover a Station capable of depasturing more than 4,000 sheep or 500 head of cattle, or a mixed herd of sheep and cattle, equal to either 500 head of cattle or 4,000 sheep. " (6) No Station, or part of a Station, previously occupied under a separate License, will be incorporated with, or added to, the Station of any Licensed person, unless he pay for it the price of another License. " (7) In other respects, the Regulations referred to will remain in force." 764 HISTORICAL RECORDS OF AUSTRALIA.

1844. [Appendix B.] 8 Sept. RETURN of Live Stock in the Colony of New South Wales on the Return of live 30th September, 1843. stock in colony Within the Boundaries. of New South Description of Stock. Wales. Counties or Horses. Horned Cattle. Pigs. Sheep. Districts. Number. Number. Number. Number. Sydney or Middle District Argyle . 2,135 15,885 1,602 225,022 Bathurst 1,503 12,986 342 128,350 Bligh .., 259 7,668 72 40,343 Brisbane 913 9,460 161 141,142 Camden 3,794 25,959 5,643 40,318 CumberlanCook d 11,121,8346 6,094 2,865 14,352 Durham 3,391 29,686 11,015 13,630 Georgiana 1,176 40,557 5,627 145,429 Gloucester 1,650 8,277 789 93,977 King 532 20,073 1,029 108,760 Hunter 939 6,726 193 34,447 Macquarie 1,788 6,215 1,362 14,114 Murray 3,901 11,780 599 17,965 Northumberland 960 21,353 1,255 184,153 Phillip 600 28,709 5,915 45,980 Roxburgh 1,549 4,995 126 74,101 St. Vincent 299 4,500 480 36,000 Stanley 179 27,223 2,986863 31,700 Wellington 780 7,809 232 141,490 Westmoreland .. 40,184 304,882,1796 43,045 20,888 Commissioners' Districts without 6,75the2 Boundaries of Location. 44,256 1,596,417 Bligh 454 29,404 131,382 Clarence River . 390 12,457 122,599 Darling Downs . 445 9,267 110,231 Lachlan 1,711 53,533 146,212 Liverpool Plains 1,598 125,420 175,827 M'Leay River • • 375 16,162 19,734 Maneroo 2,928 74,877 196,249 Moreton Bay ... 215 4,028 74,420 Murrumbidgee . 2,315 93,158 226,682 New England .. 777 37,196 425,201 Wellington .... 11,795886 491,5436,0391 175,559 1,804,096 Southern or Port Phillip District. Bourke 897 .. 15,005 . . 1,604 77,882 Grant 377 .. 3,309 . . 342 94,170 Normanby 75 .. 1,105 .. 95 13,270 Without the Boundaries 3,256 .. 81,373 . . 1,000 1,219,011 4,605 100,792 3,041 1,404,333 56,585 897,219 46,086 4,804,946 E. DEAS THOMSON, Colonial Secretary. Colonial Secretary's Office, Sydney,lst December, 1843.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 136, per ship Midlothian.) 10 Sept. Sir, Downing Street, 10 September, 1844. Despatch I have received your despatch of the 18th of March last, acknowledged. No. 65, containing the transcripts, duly authenticated, of three Acts passed by the Governor of the Colony of New South Wales, GIPPS TO STANLEY. 765 with the advice and consent of the Legislative Council thereof. 1844. I subjoin a List exhibiting the Titles, dates, and numbers of those Acts. I have laid before The Queen the Acts comprized in that List, Allowance and have received Her Majesty's Commands to acquaint you that ° ao s' Her Majesty is pleased to leave those Acts to their operation. I have, &c, [Enclosure.] STANLEY. LIST of Acts referred to in Lord Stanley's Dispatch, No. 136 of List of acts. the 10th Septr., 1844. No. XXV. An Act to indemnify and render valid the Acts of cer­ tain Justices of the Peace for the Territory of New South Wales, and to enable Territorial Justices of the Peace to act as such, under certain limitations, within the boundaries of the City of Sydney and Town of Melbourne respectively. 7th March, 1844. No. XXVI. An Act to amend an act intituled "An Act for con­ solidating and amending the Laws relating to the Licencing of Public Houses, and for further regulating the Sale and consump­ tion of Fermented and Spirituous Liquors in New South Wales." 7th March, 1844. No. XXVII. An Act to amend an Act intituled " An Act to con­ solidate and amend the Laws for the distillation of Spirits in the Colony of New South Wales, and for the issue of Licences for Dis­ tilling, rectifying, and compounding Spirits therein, and for re­ pealing certain Laws relating thereto," and to indemnify certain Justices of the said Colony. 7th March, 1844SIR .GEORG E GIPPS TO LORD STANLEY. (Despatch No. 197, per ship Haidee.) My Lord, Government House, 10th Sept., 1844. In the Schedule of Appointments and Special payments for the first quarter of the present year, transmitted with my Payments on Despatch No. 198 of this day's date, are included six several courtof justice payments, amounting collectively to £296 17s. 6d., on account at Norfolk of the holding of a Court of Justice at Norfolk Island, in the month of November last, under the Act of Parliament 4th and Sth Wm. IT, ch. 65, and the Local Act of Council, 5th Wm. IV, No. 23. I was induced to assemble this Court by the representations of the Attorney General; and the expenses incurred are in strict conformity with the Local Act, and with other regulations in force respecting the passages of Officers between Sydney and Norfolk Island. I enclose a summary of the business, which was transacted during the sitting of the Court. I take this opportunity of further reporting to Your Lordship that, under the advice of the Attorney General, I have directed 766 HISTORICAL RECORDS OF AUSTRALIA.

1844. the Court to reassemble at Norfolk Island during the course of 10 Sept. the present month, in order that all business of a Criminal nature Proposed may be cleared off, before the Island is transferred to the Gov­ assembling of court at ernment of Van Diemen's Land, there being some cases for trial Norfolk island. of a very atrocious nature. The two occasions herein mentioned are the only ones on which I have incurred the expense of assembling a Court at Norfolk Island during the six years and a half that I have hel^ this Government. I have, &c, GEO. GIPPS. [Enclosure.] [A copy of this return will be found in a volume in series III.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 200, per ship Ceylon; acknowledged by lord Stanley, 24th May, 1845.) 11 Sept. My Lord, Government House, llth September, 1844. Letter I herewith enclose a letter, which has been addressed to transmitted Your Lordship by Mr. Edward Mayne, whose removal from the from E. Mayr situation of a Commissioner of Crown Lands beyond the Boun­ daries of Location was reported in my Despatch No. 90 of the 13th June, 1843, and confirmed by Your Lordship's reply No. 10 of the 26th January, 1844. Delay in Mr. Maynefirst explains to Your Lordship that the cause of appeal by his not having earlier remonstrated against his removal was E. Mayne. that he was not sooner aware that he had a right to appeal against my decision in his case; on which it is only necessary for me to remark that, when I, in my despatch of the 13th June, 1843, stated that Mr. Mayne had not appealed against the justice of his removal, I meant not only that Mr. Mayne had not appealed to Your Lordship, but that he had not even complained to me of being unjustly removed; and, in now going through the whole of his correspondence, I cannot find a single document in which the justice of my decision was impugned, unless it be his letter of the 5th May, 1843, acknowledging the receipt of the order for his removal; and of this letter a Copy is now enclosed. Cause of Mr. Mayne next assumes that the sole cause of his removal was dismissal of E. Mayne. his having a Cattle Station in his own District; that this, how­ ever, was not the case, the hest possible proof is afforded by the letter of the Colonial Secretary informing him of his removal, dated the 13th April, 1843, of which a Copy is also enclosed. Mr. Mayne alleges that he had given me satisfactory explana­ tions in respect to all other matters with which he was charged; GIPPS TO STANLEY. 767 but the correspondence with my private Secretary, of which 1844. Copies are enclosed, will shew how little reason Mr. Mayne had n Sept' for thinking his explanations were satisfactory to me. Mr. Mayne fully admits his unfortunate speculations in the insolvency Colony, and his consequent Insolvency; he, however, adds that ofE ' Mayne- it was never charged against him that the state of his private affairs interfered with the discharge of his public duties; and that he has the authority of the Auditor General for stating that that gentleman had no knowledge of any such irregularity on his part, meaning, I presume, an irregularity in his accounts. With­ out entering into minor details, it may be sufficient on this head to refer to the enclosed Copies of the documents noted in the - Margin,* shewing that, on the 15th March, 1843, the Auditor General represented that Mr. Mayne had failed to pay into the Public Treasury in proper time monies (Fees and Lines) which he had collected; and, secondly, that a sum of money, which had been placed to the credit at his Banker's as an advance to enable him to purchase Horses for the use of his District, was by pro­ cess of Law attached whilst in his Banker's hands, and applied to the use of his Creditors. Mr. Mayne's Insolvency not only justified but required his re- Necessity for moval from Office, it having long been established, by a Des- insolvency0" patch from the Secretary of State, dated the 30th July, 1831, No. 8, that Officers becoming Insolvent cannot be continued in the public service. The propriety of this order has never been questioned; and, if it be proper to remove ordinary Officers of Government in consequence of Insolvency (Officers for instance, such as those of the Survey Department or Clerks in public Offices), it must, a fortiori, be necessary to do so, when the Officer is ex officio a Magistrate, charged with very extensive discre­ tionary powers in respect to the expenditure of Public money, as are the Commissioners of Crown Lands in respect to the con­ tingent expenses of their Districts; when also they are Collectors of public Bevenue, as they are in respect to Fees and Fines within their Districts. It has been my constant practice to remove from the Commis­ sion of the Peace, even ordinary, or unpaid Magistrates, when they become Insolvent. I have next to notice the fact (disclosed in the further Copies Cattle station of documents transmitted herewith and noted in the Margin) f E^Mayneand of Mr. Mayne's having a Cattle Station within his own District, J£en Te7e°e a nd and his neglecting to pay the License Fee and Assessment, to assessment. which as a holder of Land and Stock he became liable.

* Marginal note.—Enclosures Nos. 7 to 13. t Marginal note.—Enclosures Nos. 14 to 18. 768 HISTORICAL RECORDS OF AUSTRALIA.

1844. Mr. Mayne was appointed a Commissioner of Crown Lands in 11 Sept. 1838, and his Instructions contained the following passage:— Cattle station "You will thoroughly understand that you are not yourself owned by E. Mayne and to be the owner of any Sheep or Cattle within your District, neglect to pay or either of the neighbouring ones, nor to have any interest in the license fee and Sheep, Cattle, or Stations of others." assessment. It is true, as stated by Mr. Mayne, that, in the new Squatting Act (2d Vict., No. 27) passed in 1839 (the year after his appoint­ ment) there is a clause (the 9th) which seems to contemplate a Commissioner having Stock in his own District; but it is well known that this clause was passed contrary to my wishes; and the order given to Mr. Mayne at the time of his appointment, previ­ ous to the passing of the Act, was never recalled. Mr. Mayne may indeed have considered that the 9th clause in the Act of Couneil overruled my order, but I myself cannot allow that it did so. Mr. Mayne, according to his own statement, became the pos­ sessor of a Cattle Station in Feby., 1842, though it remained in the name of Mrs. Prise up to July in that year, Mrs. Prise's License not expiring until the 30th June, 1842* The fact of Mr. Mayne's having the station, came accidentally to my knowledge in November, 1842, upon which I enquired of the Colonial Treasurer whether Mr. Mayne held a License, and whether he had paid any Assessment on his Stock. I was in reply informed that he did not hold a License, neither had he paid any Assessment on his Stock. Mr. Mayne in his letter to Your Lordship explains that he paid for his License on the 3d April, 1843, and this fact I have ascertained to be correct; but he ought to have paid for it on or before the 30th September, 1842, and consequently Mr. Mayne was, by his own admission, in the unauthorized occupation of Crown Lands in his own District from the 30th September, 1842, to the 3d April, 1843. Now it is to be remembered that the chief business of a Commissioner of Crown Lands is to prevent the occupation of these Lands by unauthorized persons, and to inflict Fines on those who may take possession of them without authority. Mr. Mayne accord­ ingly pleads that he did fine himself, and this is I find to be true, for, on the 3d April, 1843, he paid not only the sum of £10 for a License, but also the additional sum of £2 10s., being a fine imposed on himself by himself, as an unauthorized Squatter. But thisfine wa s not paid until three months after he had been written to, in consequence of my attention having been drawn to the subject.

* Marginal note.—From the Colonial Treasurer's statement, it is doubtful whether Mrs. Prise ever paid for her Licenses; but the fact, as far as Mr. Mayne is con­ cerned, is unimportant. GIPPS TO STANLEY. 769

I have further to point out to Your Lordship that Mr. Mayne 1844. might, under the lst Section of the Squatting Act (2d Vict., n_^t- No. 27), have proceeded against himself much more harshly than Fin|i^posed he actually did. The fine in the first instance might have been on himself. £10; and, after the lapse of fourteen days, had he thought it right to proceed again against himself, a second fine, which could not have been less than £20, might have been inflicted; and, after the lapse of fourteen days more, a third fine of £50; but Mr. Mayne mercifully abstained from fining himself in any greater sum than £2 10s. It is quite true that Mr. Mayne did not deal more harshly with other persons than he did with him­ self; but the mere fact of his being placed in a position, in which it became his duty to inflict afine on himself, will, I feel assured, satisfy Your Lordship of the propriety of my having forbidden Commissioners of Crown Lands to hold either Land or Stock within their own Districts. I purposely abstain from bringing forward any matter of complaint against Mr. Mayne, which has not been already noticed either in my former Despatch or by Mr. Mayne himself; but I cannot conclude without remarking that, as the Commissioners of Crown' Lands beyond the Boundaries are necessarily invested with very extensive powers, it is most essential that those powers should be exercised discreetly; and that the indiscretions of Mr. Effect of Mayne (to call them by no harsher name) have contributed *" g^Ma™™ greatly to the embarrassments in which this Government is now involved, in respect to the occupation of Crown Lands, or the so called Squatting System. j ^aye ^c GEO. GIPPS. [Enclosure.] MR. E. MATNE TO LORD STANLEY. My Lord, Sydney, New South Wales, 27th August, 1844. On the fifteenth day of this instant Month, I was informed Report received 9 re for the first time, by a letter from England from my brother ^a^jJ" Richard Mayne (Commissioner of the London Police), that my dis- diimissai01 missal from my late office of a Commissioner of Crown Lands in this Cofony and the grounds of such dismissal had been notified to your Lordship by his Excellency Sir George Gipps, in a Despatch of which a perusal had been allowed to my Brother. Being also informed by the same letter that the grounds of my dismissal, as stated in that Despatch, involved serious charges against me of misconduct in my late office, I applied immediately Request for to his Excellency through his Private Secretary to be allowed a copy °* charges. copy of the Despatch. On the sixteenth instant, I received permis­ sion to peruse the part of it referring to myself, and on the seven­ teenth I waited on his Excellency's Private Secretary for that pur­ pose, when he produced the Despatch, premising that I was not to takSERe a. Icop. VOLy o.r XXIII—an Extrac3 C t from it. 770 HISTORICAL RECORDS OF AUSTRALIA,

1844. Having submitted to that condition, I was allowed to read so 11 Sept. much of it, as related to myself. It was substantially to the fol­ Summary of lowing effect:—That I had been first appointed Commissioner of report by Sir G. Gipps Crown Lands to the District of Liverpool Plains at the time the re dismissal ot Blacks were particularly troublesome, in the year one thousand, E. Mayne. eight hundred and thirty-eight, through letters from Lord Nor­ manby and the late Mr. Drummond, then Secretary for Ireland. That I had performed the duties of the office for a time so satis­ factorily, that he thought he could congratulate the Government on having obtained so efficient an officer. That sometime afterwards I began to speculate, and it was to be supposed my mind became occupied with my own affairs. That there were complaints against me. That I became irregular in my accounts. That my property got into the hands of the Sheriff. All sufficient causes for my removal; But that it was not in consequence of these matters that I was removed. That it came to his (Sir George Gipps) knowledge, that I held a cattle station in my own District contrary to orders; That I had Justification by K. Mayne of not paid the yearly license fee (being Ten pounds £10) ; and that owning station. I had not paid the assessment on my stock in my District. That such were the grounds of my removal. That, having made ho appeal against his decision, it was to be supposed I had none to make, and therefore acquiesced in it. With regard to the causes assigned by his Excellency for my re­ moval from office, I beg to lay before your Lordship the following statement, which will be sufficient I trust for my exculpation. At the time I was first appointed a Commissioner of Crown Lands, there was a Government order that Commissioners should not hold stations or stock in their own Districts; as long as that order was in force, I strictly complied with all its terms. The Act in Council of the 2d -Victoria, No. 27, 1839, intituled, " An Act to restrain the unauthorized occupation of Crown Lands, and to provide the means of defraying the expences of a Border Police," had the effect, as I conceive and submit, of superceding that order by plainly indi­ cating the intention of the Legislature to allow the Commissioners of Crown Lands to hold stations and stock for their own benefit. The ninth section of that Act is in the following terms:—"And be it enacted That, for the protection of the Rights of the Crown, and for the mutual protection and security of all persons lawfully occupying, resorting to, or being upon the Crown Lands of this Colony, beyond the limits allotted for location, and for keeping the peace, and maintaining order and regularity amongst them, and for the adjustment of differences between individuals respepting the occupation of their respective stations, The Crown Lands of this Colony adjacent to and beyond the limits allotted for location as aforesaid shall be divided into so many Districts, and each District shall extend to and be comprized within such boundaries as the Governor shall from time to time appoint by any proclamation to bForceoernoeacaanmissionefes dthbshalh ry se , ofo hi Peacefl tmanr robsucm th; e bmad yeappointehAnd, timmeundewhdistricte ,nan eoi rf mountedbeinshal dsucdth publishe sb gelhtherey ordersomb Commissionethe, callee,eaccoutred d shalsGoverno fi itond anfl th aanbd Commissioneee ,proper rGovernmend dul an shalattacheasdy r anlarmed appointe persohold dfo dtr t, nran oGazetteo iabein fdnthy sucBordesuc stocbegy saih h ,ath kDistrict rmanned aneJustico PolicrComGovd lanfor­er, d GIPPS TO STANLEY. 771 in his own District, and it shall be proved to the satisfaction of 1844. the Governor that he has acted in any disputed case wherein his n Sept. own property was concerned, he shall be thereby rendered incap- ,,„KZ:m h_ able of holding the office of a Commissioner under the Act." E May^rf In confirmation of this view of the Act (The concluding portion owning station. of the clause above quoted not inhibiting, as your Lordship will observe, a Commissioner from holding stock or Land, but restricting him from acting in any disputed case of his own property), I would beg to observe that, upon the discussion thereof in the Legislative Council, it was first proposed to give the Commissioners a certain Salary, I believe Seven hundred pounds £700 a year, and to pro­ hibit their having Stations in their own Districts, but that after­ wards it was determined to lower the rate of Salary and to take off the prohibition. Conceiving myself under these circumstances (and as already shewn even under the sanction of a Legislative enactment of his Excellency in Council) released from the previously existing order, I became possessed of a Station in my own District, and stocked it with Cattle of my own. In doing so, I beg most emphatically to deny having even at­ tempted or practised any concealment; on the contrary, I adhered to all the regulations imposed upon others, and included my own name in the official returns of Stockholders. If therefore, by the expression "That it had come to his knowledge," His Excellency meant to impute to me any concealment or secrecy in my pro­ ceedings, I beg to assure your Lordship that his Excellency labours under a Misapprenhension of my real conduct. The second ground stated by his Excellency is, " That I had not Reply by paid the yearly license fee (Ten pounds) and that I had not paid E. Mayne to the assessment on my Stock in the District." ^^t°L „„„ • • *-«. i iicKuecE to pay As I conceive this Statement exposes me to a Suspicion of having license fee and intended in my capacity of Commissioner to elude such payments, stock assess- I beg to refer your Lordship to my accompanying enclosure No. 1, ' ' being a letter from the Colonial Treasurer, in which he certifies, my having returned my own name in the annual list of Persons recommended by the Commissioner to have their licenses renewed, or become proprietors of Stationsin his District, by which return any possibility of my avoiding the payment of such fee or assess­ ment was precluded. Had any such intention been entertained by me, the simple and obvious course for me would have been to have omitted my own name in that list. As an additional proof that I neither took nor attempted to take any advantage of my official situation and powers, I beg to inform your Lordship that, having accidentally omitted to pay the license fee within the limited period, and my name being consequently inserted in a list transmitted to me in the usual course of business of the persons who had made similar default, I imposed upon myself the usual fine of Two pounds Ten Shillings (10s.) and returned the List to the Colonial Treasurer's office with such fine marked against my own name. That fine Was duly paid. In support of this statement, I beg to refer your Lordship to the aforesaid letter of the Colonial Trea­ surer relating to the matter. I now proceed to notice the charge of my not having paid the assessment on my stock within my District. 772 HISTORICAL RECORDS OF AUSTRALIA.

lUi The station, of which I have already spoken, was held by me 11 sept. only for one year, and the Stock placed upon it were not removed from their former run until the latter end of thefirst half year, Reply by consequently they were returned and paid for by the proprietor of charge of the Station where they were then depasturing. The second half nesiecttopay year's assessment was duly paid by me into the Treasury within license fee and tbe prescribed time, which will also appear by reference to the ment SSeS9' aforesaid letter which forms my Enclosure No. 1. I afterwards parted with my stock without incurring any further liability on account of such assessment. During my late brother's lifetime, I had a considerable quantity of stock depasturing at his station, a distance of one hundred and twenty miles from my own residence. The assessments on that stock were always regularly paid by him each half year, up to the time they were sold. Explanation by In conclusion of what I trust will be a satisfactory explanation E. Mayne of 0f that part of the Despatch, which refers immediately to my re- delay »appeal. moval from 0fflce> i should observe that it was with no less sur­ prize than regret, that I read the concluding paragraph of his Excellency's Despatch, in which He remarks "That, Mr. Mayne having made no appeal against his decision, it was to be supposed he had none to make, and had therefore acquiesced in it." I beg most earnestly and sincerely to assure your Lordship that, fromfirst to last, it has been my most anxious wish to appeal from his Excellency's decision against me. For I felt in my own mind that I had already given His Excellency a complete explanation of the matters with which I was charged, and considered that I had a just cause to complain of having been dismissed from office, notwithstanding that explanation. It was however my own opinion, as well as that of others with whom I consulted, that his Excel­ lency's decision was conclusive, and that I had no power to appeal therefrom. I had always understood that the power of appointing and removing Commissioners of Crown Lands vested solely and irresponsibly in the Governor for the time being; and this opinion was borne out, I conceived, by the Terms of the Act in Council already referred to. In this view of the case, I considered myself compelled to abandon, and did, though with very great regret, all thoughts of appealing from his Excellency's decision to a higher Authority. Had I conceived that an appeal was open to me, I should at once have availed myself of it; for I have ever felt conscious of having been a zealous and efficient officer during my whole career of office, and of my being able to refute satisfactorily any charges of mis­ conduct, which might be preferred against me from any quarter. To learn now, after an interval of eighteen months, that my omission to do, what I conceived I had no power to do, has been construed into an admission and confession of the charges con­ tained in his Excellency's Despatch, respecting which I had given as full an explanation to His Excellency, as now submitted to your Lordship, Charges of so serious a nature that if substantiated would ruin not only my public but my private character, is a circumstance which, I can assure your Lordship, has pained me more than the pecuniary loss which I have sustained by my dismissal from office. There are other matters stated in the Despatch, which though not assigned by his Excellency as causes of my dismissal, are never­ theless so prejudicial to my character, and therefore so much GIPPS TO STANLEY. 773 calculated to strengthen the actual grounds of my dismissal, that I 1844. must beg leave to trespass still further upon your Lordship's time n SePt- and indulgence, in briefly noticing each of them. With regard to His Excellency's remark "That I began to specu- insolvency late," and " that my property got into the hands of the Sheriff," I o£E - Maye- freely admit that I was induced by the prevailing spirit of the time so far to speculate as to purchase stock at their then high prices. The subsequent depression in the value of such property involved me in difficulties, which ultimately led to the total loss of my private property, Cattle, for which I had given from Forty pounds to Ten pounds per head, having been sold for one pound two shil­ lings a head. It is a great consolation to me in my present mis­ fortunes to feel that, in all these matters, I cannot justly be charged with more than imprudence, an imprudence which unfor­ tunately was exhibited at the same period, as your Lordship I doubt not is well aware, by very many members of this community, as well official as non official. I must however solicit your Lord­ ship's attention to the fact that, so far as I know, it has never been charged against me that the unsuccessful progress and issue of my private affairs interfered at any ,time with the proper dis­ charge of my public duties. His Excellency also remarks " That there were complaints against Alleged com- me." Of what nature these complaints were, and whether just or ^iSwne* unjust, your Lordship, so far as I am informed, has not been made acquainted. I can only assure your Lordship that I am equally ignorant of their particulars. Considering the peculiar nature of the duties and powers confided to Commissioners of Crown Lands, and the characters of the persons over whom they had jurisdic­ tion, it would not be surprizing, that, even against the most prudent and intelligent of them, frequent complaints should have been pre­ ferred; and I have no doubt, altho. not aware of the fact, that complaints were made against me. But I can assure your Lordship that none were ever made which I was called upon to answer, that I did not answer fully and satisfactorily; nor would any have been made which I should not have been prepared at once to meet and refute. With respect to the complaint " That the expenses of the District Increase of increased," if it had been alleged as one -of the grounds of my dis- ^nder E^ayne missal, I should have presumed at once to trouble your Lordship with a detailed account of the various causes which led to that increase. But, as it has not been so put forward, I do not feel myself justified in stating more at present, than that such increase was not attributable, in the least degree, to any fault of mine, but was occasioned mainly by a long and severe drought which reduced the District, I acted in, to a Wilderness, thereby naturally en­ hancing the cost of all supplies and especially of Forage, as well as the Expense of transport, etc, etc. This particular matter of com­ plaint, I would observe, became the subject of a correspondence between the Colonial Government and myself, which terminated in his Excellency expressing " his readiness to believe that I had acted to the best of my judgment for the welfare of the District, but as the expences of it were so great he should remove the assistant Commissioner and six additional men, who had previously been an­ nexed to my district." This was accordingly done. _ .. _ 774 HISTORICAL RECORDS OF AUSTRALIA.

1844. Should your Lordship be pleased to direct an inquiry into my 11 Sept. conduct as Commissioner, I feel confident that upon this subject, as well as all others connected with my official career in this Colony, it will be in my power to shew clearly that I was actuated through­ Pecuniary loss out by a strenuous regard to the interests of Government, and tftat, sustained by so far from encouraging a needless expenditure, I incurred con­ E. Mayne. siderable pecuniary loss in making arrangements which were abso­ lutely necessary for the purposes of the Police entrusted to my Alleged command, but which formed no part of my duty as Commissioner. irregularity In answer to his Excellency's complaint of " My having become in accounts. irregular in my accounts," I beg respectfully to state that I am not conscious of my accounts ever having been irregular; and, having made enquiry upon the subject of the Auditor General, I have Appeal for the Authority of that Gentleman for stating that he has no know­ inquiry. ledge or recollection of any such irregularity ever having existed. I most respectfully but earnestly entreat the favor of your Lord­ ship's serious attention to the several matters upon which I have now presumed to address you. My delay in addressing your Lordship has, I hope, been already sufficiently accounted for. I can notwithstanding assure your Lord­ ship that the lapse' of time has not in the least diminished the intense anxiety, I have always felt, that his Excellency's charges against me should be put in a train of investigation. In now addressing your Lordship, I beg to state most emphatic­ ally that I am not actuated by any ill feeling against his Excel­ lency. But I must confess myself in a high degree sensitive that I have been condemned upon very serious charges, without having had the opportunity of contesting them fully. And I still feel that, if such opportunity were given me, I should be able to satisfy your Lordship, and I think his Excellency himself, of my entire blame- lessness in my official conduct. Under the circumstances herein stated, the truth of which I am ready further to prove, in any manner that may be deemed neces­ sary, I respectfully solicit your Lordship will be pleased to direct an enquiry into the facts which I have ventured to bring under your Lordship's notice, and, in the event of such inquiry ter­ minating in my favor, either to restore me to my former office, or to appoint me to some other adequate situation under her Ma­ jesty's Government in this Colony. I have, &c, EDWD. MATNE. License fee, fine and assess­ [Sub-enclosure.] ment paid by MB. C. D. RIDDELL TO ME. E. MATNE. E. Mayne. Sir, Rev. Branch, Ool. Treasury, Sydney, 17th August, 1844. In reply to your letter of the 16th Inst, requesting to be informed whether your name was returned by the Commissioner of Orown Lands for Liverpool Plains as eligible to hold a license for the year from lst July, 1842, to 30th June, 1843, I have the honor to state that the said recommendation was duly received in this office in July, 1842, and the license paid for on the 3d April, 1843, along with £2 10s. of a fine for not taking it out within the prescribed time. Letter of The assessment from lst J&nuary to 30th June, 1843, £1 13s. 9d. has also been dismissal paid. I have, 4c., acknowledged. [Enclosure No. 2.] C. D. RIDDEI. MR. E. MAYNE TO COLONIAL SECRETARY THOMSON. Commissioner of Crown Lands Office, Sir, Peels River, 5th May, 1843. I have the honor to acknowledge the receipt of your letter dated 13th April, 1843. I shall be ready to resign the charge of the District of Liverpool Plains to my successor on his arrival or GIPPS TO STANLEY. 775. as soon after as he shall think fit. In the meantime, the duties lsii of the Office shall be duly attended to and performed as hitherto. n Sept. Any imputation on my public character being far more serious than the loss of my appointment, I trust his Excellency will cause Request by me to be furnished with the numerous cases of complaint against E. Mayne for me during several months past. I feel a perfect confidence intoeing complaints able to give a satisfactory explanation of such, and I must again repeat with perfect respect that, had my duties in the District been performed with less strictness, his Excellency would not have received the many public and private complaints which he com­ plains of against me. I have, &c, EDWD. MAYNE. [Enclosure No. 3.] COLONIAL SECRETARY THOMSON TO MR. E. MAYNE. Sir, Colonial Secretary's Office, Sydney, 13 April, 1843. I am directed by His Excellency the Governor to inform you Letter of that, having maturely and seriously reviewed the numerous cases dismissal to in which he has had to complain of your conduct during several E-Mayne. months past, and having certain information that, not only have executions been levied upon your effects within the limits of the District wherein you act as Commissioner and Magistrate, but that other Writs are now in the hands of the Sheriff for the purpose of being put into execution against you, His Excellency feels him­ self obliged, in pursuance of the Notice given you on the 10th December, 1842, now to inform you that you must hold yourself prepared to hand over the charge of your district to the Officer who will with as little delay as possible be nominated to succeed you. You will, however, I am directed to add, be competent to aet and will receive pay up to the day on whieh you may give over the Charge of your District to your Successor. I have, &c, E. DEAS THOMSON. [Enclosure No. 4.] MR. H. W. PARKER TO MR. E. MAYNE. Confidential. Sir, Government House, Sydney, 19th Novr., 1841. With reference to repeated letters which His Excellency has Necessity for felt it his duty to cause to be written to you on the expences of your '^"nditure District, I am now desired, confidentially and in a friendly spirit toward you, that your expenses are so much greater than those of any other Commissioner, that, unless they be reduced, His Excel­ lency will very reluctantly be obliged to supersede you in the begin­ ning of the next year. I have, &c, HENKY WATSON PARKER, Private Secry. • [Enclosure No. 5.] MR. E. MAYNE TO MR. H. W. PARKER. Commissioner of Crown Lands Office, My dear Sir, Peels River, 29th November, 1841. Your letter, marked Confidential, I have this morning re- Letter ceived, and lose no time in replying to it. 1 will not deny that I acknowledued. feel both distressed and hurt at receiving such a letter. The only construction that can be put upon it is that His Excellency con­ siders me capable of making unwarrantable and incorrect Charges 776 HISTORICAL EECORDS OF AUSTRALIA. 1844. in my Monthly accounts forwarded for Rations, etc., furnished lisept. to the Border Police Establishment under my charge. I can with Explanation of a sare conscience say such is not the case. Since the contract for expenditure by supplying the Establishment was relinquished by Messrs. Hughes E. Mayne. and Hosking, I have much against my will furnished the supplies myself at an advance of only 6d. a ration for the men, that for the horses being at the same price, Messrs. H. and H. with all their facilities and advantage finding that they were unable to do it at the price they had contracted for. Every exertion on my part had been used to induce others to undertake a contract at the price at which I have been furnishing the Establishment, or even to make a tender at a higher rate, but to no effect. In answering any letters written to me on the subject of the expenses incurred in this District, I have endeavoured to be as explanatory and satis­ factory as I could be, and had hoped that such was (admitted. Every Policeman proceeding on duty takes with him my written authority, by which he is supplied from the Settlers with rations, and which I either pay for in cash or forward in the same sup­ plies, thereby having at times to forward a Dray to repay such Supplies a distance of 150 miles or more, or pay the price that the Settler puts upon the ration as having brought it so much further into the interior; by this you will perceive that I am no gainer by a Policeman being out on duty; and I feel certain that such regula­ tion has been of the utmost importance in maintaining the disci­ pline in the force under my charge particularly constituted of the Material that it is. With regard to the horses, every feed of corn that has been charged they have had; and I have been at a very great expense to distribute quantities of corn in various parts of the District, where it could be available for the horses performing a most severe duty, particularly on the Melntyre River; and, had I not made such provision, with the great drought and scarcity of food that exists and has done so for a length of time in the District, our horses would have been starved. I have been lately on two occa­ sions out through the District for a week together; and, during which time our horses, when the day's work was done, were never let out of the Stockyard, there being no grass for them. I have paid on such occasions, where unprovided with our own Corn, 4d. a feed, being 8d. a day. I have in my returns only charged the regular Ration 4s. 6d., so much for the men and horses, with the exception that for the last two months I have had an addition of six men and six horses, all of whom have been supplied by me as aforesaid when on duty or in Barracks. With regard to the expenditure of flour, Tea, Sugar, Tobacco and meat charged to the Aborigines' account, all I can say is I pledge my honor they have had it and more; and every day con­ vinces me that my mode of treatment to the poor creatures was judicious and attended with good effects. I need not revert to the state I found this District in, when Ifirst came into it. With the exception of two or three Stations very low down on the Melntyre river, upwards of 250 miles from hence, the aborigines are per­ fectly harmless now. The Tribes from a distance now come down periodically to my Station and mix with the tamer ones; they per­ form some work and are fed, and to a certain extent clothed; the women get some tea and Sugar as also the principal men of the tribe; there are also some Stations in the interior of the District, in whose treatment of the natives I have confidence, and who are