THOMSON TO STANLEY. 577 property under the circumstances stated in the letter of Mr. 1343, Kennedy, nor was it known to the Judges, until communicated to 2 March. them through Your Lordship's Despatch. Mr. Manning's interfer- ence with the property, therefore, was unauthorised and unofficial; f*S°Tt hy and, although he was a Crown Officer at the time," it cannot truly defalcations of be said (as by Mr. Neil Kennedy it has been said) that he, " under J. E. Manning the authority of the Crown, took charge of the goods," etc. He had, in fact, no authority from the Crown, or from the Court, for what he did; and we can give no other explanation than that afforded by Mr. Manning himself, in his letter above referred to. Fourth. As -to the representation of Mr. Geo. Johnson, " In the in estate of Estate of John Thomas Campbell." An order of Court was made J- T- Campbell; so long since as the 16th January, 1830, for John Edye Manning, Esquire, Registrar of the Supreme Court, and Robert Robinson, Cap­ tain in the New South Wales Royal Veteran Company, to collect the Estate of John Thomas Campbell, Esquire, who died on the 7th of January, 1830. This Order was superseded on the 28th of November, 1833, by administration being granted of the goods of John Thomas Campbell, with the Will and Codicil annexed, to Mr. Manning; his son, Edye Manning, Esquire, and Thomas Bodenham, Esquire, being his sureties. In order to obtain these letters of administration, Mr. Manning was appointed by the next of kin (who appears to have been Dr. Charles Campbell of Newry, in Ireland) his Agent. It was the duty of any one, claiming a debt to be due to him from the Intestate, to bring forward and substantiate his claim by a demand upon the administrator or next of kin, legally prosecuted. But Mr. Johnson does not appear to have done more than make enquiry of the late Registrar, through his friend, Cap­ tain Armstrong, in 1834; and this does not appear to be in any way pursued until in 1842, eight years afterwards, he applies to the Secretary of State on the subject. Meanwhile, Mr. Manning had in 1836 (according to his statement, see letter annexed) settled with the next of kin thro' his lawfully constituted Agent, for the money received by him. Under such circumstances, Mr. Johnson can only blame his own remissness for not having more promptly brought forward his claim ih a legal way, between 1830 and 1836, and his only remedy (if any) is to apply to the next of kin of Mr. John Thomas Campbell, as Mr. Manning suggests. Fifth. As to the petition of James Morgan. Mr. Manning's inter- and re property ference with the property referred to by the Petitioner was wholly of J. Morgan. unknown to and unauthorised by the Judges. Real Property does not, indeed, fall within their Jurisdiction to commit to the charge of the Registrar; the property, so liable, being personal property only of intestate persons, which is subject to waste. It appears by the petitioner's statement and that of Mr. Manning that, on the application of Mr. Manning the late Registrar, the petitioner was induced to execute to Mr. Manning and to his son William Montague Manning, Esquire, Barrister at Law, a Conveyance of the property in question in Trust (as we gather from Mr. Manning's explana­ tion) to sell for the benefit of the petitioner. Mr. Manning's ex­ planatioSEE.n I.(a sVOL containe. XXII—d2 0in his letter above referred to) is the only one we are enabled to communicate to Your Lordship of this matter, and of his conduct in regard to it. He admits having actually re­ ceived on James Morgan's behalf, in all, a sum of £2,900, on which, he says, " James Morgan will be entitled to a dividend " and that he " holds ' in trust' securities to the amount of about £1,500 more of unsold, and as yet, unproductive land." 578 HISTORICAL RECORDS OF AUSTRALIA.

1843. Under such circumstances, Your Lordship will share in the feeling 2 March. of indignation which we ourselves entertained, on a perusal of Mr. Manning's explanation. We have not the power, however, of relieving the petitioner. He has, unfortunately, by his own act, as it appears, legally invested the Messieurs Manning with a Trust, for the execution of which he must look to them in that character. We have, &c, JAMES DOWLING, CJ. W. W. BURTON. • ALFRED STEPHEN. [Sub-enclosure.] Statement by MR. J. E. MANNING TO MR. A. ELYARD. J. E. Manning Sir, Vermont, 29 Deer., 1842. Your letter of the 17th inst., addressed to me by their Honors' direction and enclosing copy of correspondence in the several estates of Were, Lillyman, some deceased person unnamed at Port Phillip, John Thomas Campbell, and Mary Morgan, re estate of I did not receive till the 23rd from the Camden post, and reply to it as early as I W. Were; have been able, not having papers by me to refresh my memory on the various Subjects. First. In the estate of W. Were, deceased, intestate. I believe Mr. Thomas Were's representation to Captain Pechell, in May last, to be substantially correct. I deeply regret my not having paid into the Savings Bank the balance of £139, ascertained by the Judges' audit to have been in my hands at the latter end of the last year and forming part of Intestate balance. The vouchers of this account are in the office of the Supreme Court. The second sum, mentioned by Mr. Were, Senr., of £160, had never been realized by me. It is in the form of a promissory note at two years' date given by the friend of the deceased gentleman to him before his death, and did not fall due till the beginning of the present year, long before -which period the maker of the note had returned to England. It was handed over by me re estate of to Mr. Macpherson on my quitting office. I could get no clue to the residence or R. Lillyman ; connections of the maker. All the papers herein will be found in a bundle endorsed " Were," left by me in the top right hand drawer of my office desk, among the vouchers of audited Estates. Second, In the Estate of Richard Lillyman; A sum under £300 was received by me through my Agent Mr. Cooper of New Zealand the Colonial Treasurer there, some twelve months before I left Office. It was not brought by me before the Court from the circumstance, as well as I recollect, of the Island having ceased to be within its jurisdiction. I, however, satisfied the claim of Mr. Lillyman's family, who were represented (in one of the latter months of last year) iby Mr. Augustus Gore of Spring Street, by assigning to him my share of the wool of 4,400 Sheep, and re which I had in charge of Messrs. Pitts, Bollivant, and Adams near Moreton Bay, complaint of of whom Messrs. Thomas Gore and Co. of Sydney, and later Mr. A. Gore, were the N. Kennedy. agents. A reference to my Balance sheet or schedule of personal effects,filed in the Court, will show that the then forthcomingfleece o f theseflocks wer e excepted. I calculated that my half of this wool would, 'as near as possible, cover the amount of Lillyman's claim, and of which I have never since heard. Third. Estate of a party who died by Suicide at Melbourne. Mr. Neil Kennedy's letter of 3rd July last to Lord Stanley does not give the name of the party, who is said to have died in his debt for the value of some consignments tnade in his lifetime. I have endeavoured, in vain, to tax my memory for the name, but I per­ fectly remember the business. This is no Intestate Estate, but a probate of his will was granted by the Supreme Court in Sydney in favor of the two Executors, who were, I think, Mr. Simpson the Police Magistrate at Melbourne, and some Merchant there. These gentlemen became alarmed at the p'robable consequence of their under­ taking the management of this Estate, consisting, I believe of some gross £300 in value, and they entreated my agent, Mr. James Smith of Melbourne, to take the conduct of the business in my name. I consented to his doing so under the circum­ stances, in which no will ought in fact to have been proved, as it was hastily made with the poison in his Stomach by which he destroyed himself. Mr. Smith sold the effects found in the small Store of the deceased, paid £100 for rent due, for which the Executors had undertaken, paid funeral expences, wages, etc., and ulti­ mately sent me the balance in hand, the whole of whieh I disbursed in Sydney in satisfying the specific claims of consignors who proved by invoices, of which dupli­ cates were sent me from Melbourne, that their property had been sold as the effects of deceased. The bundle of papers must be some where in the office, either in the large Press among balanced estates papers, or in the second drawer on the right hand Iiofn consequencmthiy s desparticulak amone ofr gmestate ybundle bein, igfs Ivero frecollec yestate latet scalle rightnotd mad,upo I eoverpain thtoe pa subjecdy somanothete seveofr anspecifin yo r Coureighc claitt Orderspoundm at as. THOMSON TO STANLEY. 579 time when the small balance in my hands was absorbed by my commission. The 1843. only clue I ean give you to the name of this party is that I think one of the claims 2 March. in question was paid by me to the house of Rowan, McNab and Co., of Sydney, who, no doubt, will recollect it. Their claim was one of £12 or some such sum. 'statementby Fourth. In the Estate of John Thomas Campbell, I have no recollection of the J. E. Manning claim of Mr. George Johnstone, which is the subject of his-letter to my Lord re estate of Stanley of the 2nd July last. It is very probable that the conversations, reported j, x. Campbell; by Captain Armstrong in 1834, may have passed between us, and that I expressed a readiness to do justice to any well established claim of his friend in the Estate; but from that time to this (now eight years) I have heard nothing of it. However, about Six or Seven years ago, I paid- over every shilling in my hands, amounting to some 4 or £5,000 to Messrs. Wentworth and Chambers, the authorized agents of Dr. Charles Campbell, Rector of Newry in Ireland, and received their discharge. I remember tracing among the papers of Mr. Campbell the remittance by him to Messrs. Crawford, Colvin and Co. in lLondon of a Treasury Bill of large amount, a short time before his death, and reported the circumstance to Dr. Campbell, who, it seems, settled accounts with the house, upon his establishing his claim by adminis­ tration to the English property of his deceased brother. Dr. Campbell is a highly respectable clergyman and Magistrate, and will no doubt do justice to Mr. Johnstone's claim if it be correct. Fifth. In the Estate of late Mary Morgan. This is not an Intestate Estate but and re estate one of private agency. Some five years since I was incidentally apprized that the of M. Morgan. title to a grant of 140 or 150- acres at Wallis' plains in favor of Mary Morgan, embracing the race-course there and many allotments against the road, some since built on, was partially defective through the decease of this woman when the wife of Joseph Hunt (who still survives her) in consequence of several of her conveyances not having been acknowdedged by her as a married woman before a Judge or special commissioner of the Supreme Court; and in consequence of which many sub Sales were at a stand. I directed my agent to find out an heir if possible, and could only point his attention to the neighbourhood of Shrewsbury, from which this woman had been transported by the name of Morgan nearly fifty years ago. After about two years' search and a great expense, an only son of the deceased, born in wedlock three or four years before her transportation for seven years, was found out. This son is the James Morgan, the Chelsea pensioner, who petitions my Lord Stanley. He is wrong in stating that his Mother emigrated here several years ago. She was transported as I have said, then returned to England after her Seven years, married again in Plymouth, well knowing that herfirst husband Morgan was still living in Sydney, to which place he had followed her, after escaping from the Constables who arrested both on a joint Warrant. After living some time in Plymouth, she absconded to New South Wales to avoid a warrant-for her apprehension on the Capital charge of Arson in setting fire to her husband's house. On arriving here once more, she again cohabited with her husband Morgan, whom she once more left to live with an Officer at the then penal settlement of New Castle. Her husband Morgan, I am told, formed some other connection also, in the course of which he had a family now living in this Colony. Morgan and his wife are reported to have lost sight of each other from that time; and, about fifteen years ago, she was married to Hunt at Maitland by a Protestant clergyman, having, satisfied him, on Oath? that there was no lawful impediment to the union. By this time she was in possession of the grant of land promised her by General Macquarie as I believe. From time to time, she disposed of small portions of the land, and in some in­ stances appeared before a Judge, and in some not. She died 9 or 10 years ago, no longer possessing any thing deemed of value, but willing everything she did possess to Hunt She had previously mortgaged for £1,100 every thing she had not other­ wise disposed of, including the race-course, to Mr. J. T. Hughes, to whom also Hunt afterwards sold the equity of Redemption supposed to be vested in him by the will In this state of things, the heir at law was found, and a conveyance in trust for sale of all his right under his Mother's grant was.sent out. My son W M Manning was joined with me in the deed without his knowledge, and without the fact being known even to myself until some months afterwards, when upon pre­ paring conveyances under agreements' made by me for the confirmation of the titles to certain portions of this land, it was discovered by Mr. Norton that he was a necessarv party. He, however, took no part in the arrangement of the trust, except in executing the" conveyances for the sake of " Conformity." I authorized my agent in London to advance James Morgan 20s. a week until I should have realized any­ thing considerable for him by sale or compromize, and apprized him of the proba­ bility of my obtaining for the heir the sum of two thousand pounds or thereabouts for the confirmation of the titles rendered doubtful by the supposed defect. My first dealing was with J. T. Hughes, Who agreed to give me £20 an acre ifor the confirmation of his title to a large portion of the grant which he states to be about 80 acres (but I.have since found to be more) and for which confirmation he gave me without prejudice his promissory note for £1,600, which fell due in Septr. deedor Octr.s confirmin, 1841. g Ith have etitle receives ofd partie subsequentls to 8y oar numbe10 acrer so fmore smalle, anr sumd havs ane entered executed ind 580 HISTORICAL RECORDS OF AUSTRALIA.

1843. my schedule,filed on my Insolvency, a sum of £2,900 on which James Morgan will 2 March. be entitled to a dividend. I also hold in trust securities to the amount of about £1,000 more, and am in legal possession by my agent Mr. Pilcher of about £1,500 Statement by worth more of unsold, and as yet unproductive land, abandoned to me under the J. E. Manning contract with Mr. Hughes, or which some of the possessors conveyed to me as the re estate of consideration for confirming their titles to larger portions of their Allotments. M. Morgan. Mr. Hughes and others have raised questions as to whether the heir had any interest after all, and Mr. G. R. Nichols, an Attorney concerned for two or three of the possessors, on one occasion produced an affidavit, the effect of which i6 to create greater doubt whether the conveyances of Mary Hunt were not all perfect. My son W. M. Manning, as my co-releasee, although he has hitherto declined to act in the trust except in so far as was absolutely necessary by signing " for con­ formity," will probably not object to prove against my estate on behalf of the heir, and to act in future, provided he can do so without making himself responsible for the amounts received by me. I think that by careful management of the trust a sum exceeding Morgan's expectations may be immediately realized for the heir. I take great blame to myself for not having sooner relieved the poor man's anxiety, but I thought him still in receipt of a weekly allowance, "which with his pension placed him in comparative comfort. This feeling together with the great doubt I entertain of Morgan's having in fact no right to the land in law or in equity and my own overwhelming embarrassments nearly depriving me for a long time since of all energy of mind, are the only excuse I can offer. I remain, &c, J. E. MANNING. [Enclosure No. 2.] THE JUDGES TO LORD STANLEY. Sydney, New South Wales, My Lord, 23rd February, 1843. We have in a separate letter to Your Lordship of this date (forwarded to His Excellency The Governor for transmission to Your Lordship) explained the facts, in so far as we are acquainted with them, relating to several particular instances of defalcation Transmission of statements of the late Registrar, referred to in Your Lordship's Dispatch to re intestate His Excellency Sir George Gipps, No. 153, 26th July, 1842. estates. We have now the honor to acquaint Your Lordship that, with a view, as far as possible, to relieve Your Lordship from the an­ noyance with which (as we are sensible and deeply regret) con­ tinual reference to Your Lordship by parties, aggrieved on the sub­ ject of defalcations by the late Registrar, must be accompanied, we have, in the absence of other means of immediate explanation, the honor to enclose the following papers for Your Lordship's in­ formation. First. A Statement of all sums of money received by the Regis­ trar of the Supreme Court, and now in the Savings Bank to the credit of Intestate Estates, with the interest added, to 31st Decem­ ber, 1842, amounting to £3,896 2s. 6d. 'Second. A Schedule of all Estates of deceased intestates, placed under the charge of the present Registrar, William Macpherson, Esquire, from the 12th day of January (the date of his appoint­ ment) to the 31st of December, 1842. From these two documents may at once be seen what sum is secured in the Savings Bank in any particular case, and what is in the hands of the present Registrar. Thirdly. A List of balances, as audited by the Judges in Decem­ ber, 1841 (on such data as they had then the means of ascer­ taining), duetoy th e late Registrar Mr. Manning to the next of kin of deceased Intestates, either under order of the Court to collect, or of which he possessed himself without authority. From this document may be seen the several cases falling under this head, in which Mr. Manning was a defaulter at the time of his removal from Office; and as to which we regret to state that we consider THOMSON TO STANLEY. 581 the event of recovering the amount from his Insolvent Estate to 1843. be quite hopeless. We have directed the Registrar, for more general 2 March. reference, to forward copies of the papers herein enclosed to Edward Barnard, Esquire, the Colonial Agent. We have, &c. JAMES DOWLING, CJ. W. W. BURTON. ALFRED STEPHEN. P.S.—The copy of Statement marked A, as sent to the Colonial Details in Agent, will contain the following additional particulars:— agentstatemen. t sent 1. Colonial Residence of the deceased. '°.c°ionial 2. Supposed Residence of his Family. 3. Date of Death so far as it can be ascertained. [ Sub-enclosures. ] [These -icere detailed statements of accounts.]

COLONIAL SECRETARY THOMSON TO LORD STANLEY. (Despatch No. 3, per ship Alfred.) My Lord, Government House, 4th March, 1843. 4 March. In the absence of His Excellency Sir George Gipps at Nor­ folk Island, I have the honor herewith to transmit to Your Lord- Transmission of ship a Copy of a letter, I received this day from His Honor the c.V^LaTrobe1 • Superintendent of Port Phillip, enclosing a paper containing re letter of his remarks upon the letter addressed by His Honor Mr. Justice ' ' 1 ls' Willis to Your Lordship, in reference to the proceedings of the Executive Council of this Colony, on the subject of his conduct as Resident Judge at Melbourne, transmitted- in a recent Des­ patch from Sir George Gipps to your Lordship, but the number and date of which I am unable to quote, as-1 have not, in His Excellency's absence, access to the necessary documents. I have considered the accompanying paper to be of sufficient importance to require that it should be forwarded to Your Lord­ ship without waiting the Governor's return from Norfolk Island, as it would appear desirable that it should be taken into con­ sideration at the same time as Mr. Justice Willis' letter above referred to. It only remains for me to explain that I am unable to forward the document mentioned in the last paragraph of Mr. La Trobe's letter as being addressed to the Governor; but His Excellency will no doubt do so, if he should see fit on his return to Sydney. I have, &c, E. DEAS THOMSON, Colonial Secretary.

[Enclosure.] [A copy of this letter, dated 25th February, 181+2, will be found in a volume in series III.] 582 HISTORICAL RECORDS OF AUSTRALIA.

1843. LORD STANLEY TO SIR GEORGE GIPPS. 7 March. (A circular despatch, per ship Euphrates.) Sir, Downing Street, 7th March, 1843. Order-in- I have the honor to transmit to you the Copy of an Order council re passed by Her Majesty in Council on the 24fth Ulto. regulating trade with China and the Trade of Her Majesty's subjects with China and India, and India. I have to request that you will cause the utmost publicity to be given to the Eegulations contained in this Order in Council in the Colony under your Government. I have, &c, STANLEY. [Enclosure.] [This order-in-council was published in the Government Gazette," dated 12th August, 181+3.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 33, per ship Euphrates; acknowledged by Sir George Gipps, 9th September, 1843.) B March. Sir, Downing Street, Sth March, 1843. Report In transmitting to you the inclosed Copy of an applica­ required re tion addressed to me by Mr. E. E. Perkins, I have to direct that J. Burch. you will furnish any information in your power respecting the fate of the Individual referred to therein. I am, &c, STANLEY. [Enclosure.] MR. E. E. PERKINS TO LORD STANLEY. My Lord, Balkam, Surrey, 24th February, 1843. Request I most respectfully beg your Lordship to pardon this liberty for report. on account of a poor old Woman's feelings (Phcebe Burch) in be­ half of whose maternal feelings I have ventured to address your Lordship. It appears that the son of this poor Woman (John Burch) sailed in May, 1841, in the ship " Earl Grey " for China,tout, he having been ill nearly the whole voyage, was left in the Hospital at Sydney. Neither the mother nor any of the friends can obtain any tidings of him or his fate. Will your Lordship under the circumstances so far condescend as to direct me to the surest method of ascertaining whether he is dead or not. I have, &c, E. E. PERKINS. LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 34, per ship Euphrates.) 9 March. Sir, Downing Street, 9th March, 1843. Transmission With reference to my Dispatch, No. 181, of the 5th of of instructions September last, I transmit to you, herewith, a Copy of a Letter from treasury. from the Assistant Secretary to the Board of Treasury with In­ structions addressed to yourself and to the Treasurer of New STANLEY TO GIPPS. 583

South Wales, respecting Grants from the Colonial Eevenue to 1843. the Crown under the Provisions of the 37th and 38th Sections 9March- of the Act 5 and 6 Victoria, Cap. 76. In forwarding to you these Instructions, I have to point out that, in the event of the Contingent and miscellaneous expences Appropriation connected with the administration of Justice at any time exceed- !°!,f™i111gent tJXjpcriSGS. ing the amount apportioned to that purpose in Schedule A in the above-mentioned Act, it will be necessary for you to make application to the local Legislature for any requisite provision to defray the Excess'. I am, &c, [Enclosure.] STANLEY.

MR. C. E. TREVELYAN TO UNDER SECRETARY STEPHEN. Sir, Treasury Chambers, 27th February, 1843. I am commanded by the Lords Commissioners of Her Ma- Transmission jesty's Treasury to transmit to you, with reference to your letter of instructions. of the 15th August last, the enclosed Instructions to the Governor and Treasurer of New South Wales respecting Grants from the Colonial Revenue to the Crown under the provisions of the 37 and 38 Sections of the Act 5 and 6 Vict., Cap. 76, which have been approved by their Lordships; and I am to request you will move Lord Stanley to cause the same to be forwarded to the Governor of that Colony with injunctions to take care that their provisions are strictly conformed to. You will also observe to Lord Stanley that these Instructions were framed upon the same principle as those furnished to the Governor and Receiver General of Canada; and as, in the case of Appropriation that Colony, it seems advisable that the Governor of New South for contingent Wales should be apprised that in the event of the Contingent and expenses m Miscellaneous expences connected with the Administration of jus- of justtee tice at any time exceeding the amount apportioned to this purpose '. under the Schedule A in the above mentioned Act, it will be neces­ sary to make application to the Local Legislature for any requisite provision to defray the excess. I have, &c, C. E. TREVELYAN. [Sub-enclosure No. 1.] INSTRUCTIONS to the Governor of New South Wales, in respect to instructions to the Accounts of the Receipt and Expenditure of the following governor re Sums, payable every Year out of the Revenue Fund of the receiPt and Colony to Her Majesty, Her Heirs and Successors, under the ^moneys" Provisions of the 37th Section of the Act, 5th and 6th Vic- included in toria, Cap. 76, vizt.: schedules. For defraying the Expenses of the several Ser­ vices and Purposes included in Schedule A annexed to the Act £33,000 0 0 The like as p. Schedule B 18,600 0 0 The like as p. Schedule C 30,000 0 0 1. You will receive herewith our Instructions to the Treasurer for keeping and rendering his accounts of the Receipt and Expenditure under the Provisions of the Sections of the Act above referred to; and you are to grant the necessary Warrants to the Treasurer, and give such directions as maytoe requisit e for carrying such Instruc­ tions into effect. 584 HISTORICAL RECORDS OF AUSTRALIA.

1843. 2. You are to give the requisite directions to the Auditor General 9 March. for the examination of the Treasurer's Accounts in conformity with Instructions to our Instructions, and in any case where the Auditor may not governor re consider himself justified, after examination, in certifying the receipt and Accounts to be correct, you will direct him to report his objections expenditure of moneys to you for consideration, and to annex an authenticated Copy of included in such Representation and of your subsequent Instructions thereon, schedules. to the Accounts when transmitted to England. 3. You are not to direct claims under any Head of Service in­ cluded in Schedules A and B, in excess of the amount sanctioned by the Schedules, to be paid out of Savings arising from other heads of Service included in those Schedules, nor from any un­ appropriated Surplus under Schedule C, without the previous specific Authority of Her Majesty's Government; neither are you to sanction the payment of any Pension to parties, who may be in receipt of other emoluments from the Public without similar previ­ ous authority. Given under our hands at the Treasury Chambers, Whitehall, 25 February, 1843. j. MILNER GASKELL. ALEX. PRINGLE. Instructions JOHN YOUNG. to treasurer [Sub-enclosure No. 2.] re accounts of receipt INSTRUCTIONS to the Treasurer of New South Wales, in respect to and expendi­ the Accounts to be rendered by him of the Receipt and Expendi­ ture of moneys ture of the following Sums, payable every Year out of the included in schedules. Revenue Fund of the Colony to Her Majesty, Her Heirs and Successors, under the Provisions of the 37th Section of the Act, 5 and 6 Victoria, Cap. 76, vizt.: For defraying the Expenses of the several ser­ vices and Purposes included in Schedule A annexed to the Act £33,000 0 0 The like as p. Schedule B 18,600 0 0 The like as p. Schedule C 30,000 0 0 1. You are, at the expiration of each Quarter, to apply to the Governor for his Warrant for transferring from the Revenue Fund of the Colony to a separate Account one fourth part of the Sums of £33,000, £18,600 and £30,000, payable to Her Majesty, Her Heirs and Successors, under the Provisions of the above mentioned Act; and you are to keep a separate Account of the same, and of all Sums so transferred in future, distinct "from the General account of the Colonial Revenue Fund. 2. You are to make out Quarterly in Duplicate an Account of the Receipts and Disbursements for the Services and Purposes specified in the Schedules A, B and C, annexed to the Act. The Duplicate set is to be retained by you, and the original Account, accompanied by the original Vouchers and Authorities required by these In­ structions, is to be delivered to the Auditor General for Examina­ tion, to be certified by him as correct, and forthwith forwarded to the Commissioners for Auditing the Public Accounts in England. You are .also to make out in Triplicate an annual Account to in­ clude your four Quarterly Accts. to 31st December in each Year; one copy of this Account is to be retained by you, one Copy is to be forwarded to Her Majesty's Secretary of State for the Colonies, and the original Account is to be delivered to the Auditor General for the purpose of being examined and certified by him as correct, and theii transmitted by him to the Commissioners for Auditing STANLEY TO GIPPS. 585 the Public Accounts in England, so soon as an Account in detail 1843. of every part of the Expenditure comprized in the Schedules A, B » March. and C shall have been laid before the Legislative Council as re- T . ~r quired by the 36th Section of the Act. to treasure? 3. Should any circumstances occur to prevent your Quarterly and re accounts Annual Accounts from being forwarded to the Commissioners for of receipt Auditing the Public Accounts as early as usual, you are to address and expendi- 1 1 neys a Representation to the Governor explaining the cause of delay; {n ™Uded in and you are to transmit a Copy of that Representation to the Com- schedules! missioners for Auditing the Public Accounts, immediately, if the account is likely to be considerably delayed, or, at all events, to annex a Copy of such Representation to Your Account when the same is forwarded, in explanation of the delay. 4. Your Accounts, both Quarterly and Annual, are to be verified before a competent authority according to the following Form:— I, AB, do solemnly and sincerely declare the foregoing Account to be just and true according to the best of my knowledge and belief, and I make this solemn Declaration conscientiously believing the same to be true. (Signed) A.B. Declared before me this day of 5. The Charge Side of your Account, consisting of Sums trans­ ferred from your General Revenue Account, will require to be sup­ ported by copies of the Warrants of the .Governor for such Trans­ fers, which Copies are to be duly certified by the Auditor General to be true Copies; but, in the case of any casual receipt, the Authority, or other sufficient Document to explain the nature of the transaction, is to be annexed. 6. The Discharge side of your Account is totoe classed under the Heads of Service named in the Schedules A, B and C, and in the same order, and the Payments of these services are to be made by you under the Authority of Warrants from the Governor. These Warrants are not to comprize, indiscriminately, Services included in Schedules A, B and C, but separate Warrants are to be granted for each Class of Services, marked with the letter to which they apply. Separate Warrants are also to be given under either Schedule for Salaries, for Pensions and for Contingencies. The Warrant for Salaries under Schedule A will specify the name of each party, the Sum to be paid to each and the Period of Service; but the Warrant for Salaries under Schedule B will specify the Party at the head of each Office only by name, the Period of Service and the amount totoe paid to such Party for himself and his Office Establishment. The Warrant for Payments under Schedule C will state the names of the Parties, to whom the monies are in the first instance to be paid, and the objects to which they are respectively to be applied. As regards Salaries in Schedule A, the Warrant for Payment is to be accompanied by the receipts of the parties named in the War­ rant, describing the Service and Period; and, as regards Salaries and Pensions under Schedule B, the details of the Sums to be paid, menthfoeacthgiveaner edtransmitte h AuditinnDepartment ths Abstrac iein n Periodseparat detailg tthd tswite,oe anPublii boAbstractsnehr d respec authenticateyouothethc eAccountsr rWarrantstQuarterl ,Parto fwhic whicy.d hentrusteyb ,h yar Account Abstract suceth teho dsignaturaccompansum swits t soanh th ardmakine ee Receipt yoCommissionerduef ththg,e e ar WarrantthsHea eear tPaydoe botef­so; 586 HISTORICAL RECORDS OF AUSTRALIA.

1843. As regards Contingent and Miscellaneous expenses in Schedules A 9 March. and B and the payments under Schedule C, the Warrants, which Instructions are in like manner to be transmitted with your Quarterly Accounts, to treasurer are to be accompanied by Abstracts of Particulars, signed by the re accounts Parties named in the Warrants and entrusted with the Payments of receipt and expendi­ in detail of the Sums issued, whose receipt for the whole Amount ture of moneys will be sufficient. included in A Certificate of the Auditor General -to the effect that the re­ schedules. ceipts or acquittances of the Parties or their Assigns, to whom the several Payments in detail were made, had been exhibited to him and were found correct, is to be annexed to the Abstracts and Warrants. It is advisable that all such advanced by way of Imprests to the Heads of Departments or otherwise should be finally accounted for within the Period of each annual account; and, if it should happen that any portion of the money so advanced has not been paid away before the close of the year, the cause should be certified by the Auditor General; and, in the event of any Balance having remained in the hands of a party removed by death or otherwise, it should be certified whether the Balance has been paid over to his Suc­ cessor, or how otherwise accounted for. 7. You are to distinguish in your Account the Services specified in the Schedules by numerical Figures under the Letter of the Schedule to which they refer, and you are to mark the supporting Abstracts, Receipts and Warrants with corresponding letters and Figure8. Yos uthus are :particularl A yA toetc observ_ B e thaBt etcno_ claim s under any head of Service in Schedules A and B in excess of the Amount provided for by the Schedules should toe paid out of Savings arising upon other heads of Service included in those Schedules, nor from any unappropriated surpluses under Schedule C, without a previous specific authority of H.M. Government. With respect, however, to Services included in Schedule B, the Governor is empowered by the 38th Section of the Act to vary the appropriation of the Grant of £18,600, provided the whole Amount is not exceeded. Similar previ­ ous Authority is also required as a sanction for any Pension under Schedule B to parties, who may be in the receipt of other Emolu­ ments from the Public. If therefore a duly certified Copy of such Authority from Her Majesty's Government should nottoe annexed to the Governor's Warrant for any payment, which may appear to you not to be authorizedtoy these regulations, it will be proper that you should, previously to making the payment, respectfully submit to the Governor a Representation on -the subject, and await such further written directions as the Governor may order to be addressed to you for your guidance. 9. In all cases of payments for Pensions, the receipt of the Party is to be accompaniedtoy a Declaration in the following form:— I, AB, do hereby declare that I have not been appointed to, nor held any public situation subsequently to (Here insert date of com­ mencement of Pension) except. Witness my hand this day of (To be signed on or after the 31st March, 30 June, 30 Septr., and 31 December in each year.) Subscribed before me this day of THOMSON TO STANLEY. 587 10. You will not fail to hear in mind that, upon your account 1843. being submitted forfinal examinatio n and Audit to the Commis- 9 March. sioners for Auditing the Public Accounts, no Item of Expenditure Instructions will be passed by that Board which is not supported by the Vouchers t0 treasurer and Authorities required by these Instructions, so that, if there re accounts should be any case in which it may not have been possible to pro- of receipt cure the Voucher or Document required, you will be careful to tureo?moneys transmit with the Accounts a full explanation of the circumstances, inciU(jed in which may have prevented you from complying with the Instruc- schedules. tions, in order that such explanation may come at once under the consideration of the Board of Audit, without the delay of a refer­ ence to the Colony. Given under our hands at the Treasury Chambers, Whitehall,

25 February, 1843. x MILNEB GASKELL. ALEX. PRINGLE. COLONIAL SECRETARY THOMSON TO LORJOHD NSTANLEY YOUNG.. (Despatch No. 4, per ship Alfred.) My Lord, Government House, 13th March, 1843. 13March - In reference to my Despatches, Nos. 1 and 2 of the lst and 2nd instt., I have now the honor, in the continued absence of His Transmission Excellency Sir George Gipps at Norfolk Island, to transmit to "eturnoT Your Lordship, at the request of their Honors the Judges, a "^tate Nominal Eeturn, in Alphabetical order prepared by the Eegistrar of the Supreme Court of deceased Intestates, whose Estates have been placed under his charge for collection, shewing all monies belonging to the same, and remaining deposited in the Savings Bank of New South Wales on the 31st Deer., 1842, including In­ terest thereon to that date. I have to request, at the further instance of the Judges, that Request for Your Lordship will be pleased to give the necessary directions f""^1"" for the publication of this Eeturn in the London Gazette for the Gazette. information of the deceaseds' relatives in Great Britain and Ireland. It only remains for me to explain that the present Eeturn does not include the Estates of deceased Intestates in the District of Port Phillip entrusted to the collection of the Deputy Eegistrar at Melbourne; but I have requested the Superintendent to call upon him to furnish a similar return for that District, and on receipt I shall have the honor of forwarding it to Your Lordship. I have, &c, E. DEAS THOMSON, Colonial Secretary. [Enclosure.] [This return has been omitted.] 588 HISTORICAL RECORDS OF AUSTRALIA.

1843. LORD STANLEY TO SIR GEORGE GIPPS. 16 March, (Despatch No. 35, per ship Euphrates.) Sir, Downing Street, 16th March, 1843. Advance to The Lords Commissioners of the Treasury having inti­ agent-general. mated to me that they have directed the issue to the Agent General for New South Wales of an advance of Five thousand, Five hundred Pounds, on account of the Current Services of that Government, I have to direct that you will take the neces­ sary measures for the repayment of that sum into the Commis­ sariat Chest without delay. You will understand that this advance has been made by the Lords Commissioners of the Treasury in reliance on your obedi­ ence to the Instructions conveyed to you by my Dispatch No. 28 of the 21st Ultimo, on the subject of the repayment of such

advances. X hav^ &c.;

STANLEY.

COLONIAL SECRETARY THOMSON TO LORD STANLEY. (Despatch No. 5, per ship Alfred.) My Lord, Government House, 16th March, 1843. Transmission With reference to my Despatches, No. 1, 2 and 4 of the of return of lst, 2nd and 13th instt., transmitting the Eeturns therein speci­ intestate estates administered by fied, having reference to the Estates of deceased Intestates in this J. E. Manning. Colony, I have now the honor, at the further request of their Honors the Judges of the Supreme Court, to enclose herewith a Eeturn, made by the present Eegistrar of that Court to their Honors, of the effects and monies 'belonging to the Estates of deceased Intestates realized by the late Eegistrar, John Edye Manning, Esq., and of balances remaining in his hands on the 1st Jany., 1842, as reported by him and audited by the Judges. For the convenience of reference, it will be perceived that the names of the deceased Intestates have been arranged in this Ee­ turn in alphabetical order. Total amount The whole sum, which appears to have been still due on this of balances. account at the above date, amounted to £9,271 18s. 7d. The Judges have further requested that, in transmitting this return, the question of the expediency or otherwise of publishing the same in the London Gazette, for the information of the rela­ Problem re tives of the deceased, should be submitted to Your Lordship. It publication in London is my duty to state at the same time that the propriety of such a Gazette. proceeding appears to me to be very doubtful, as tending to raise expectations in the minds of the claimants, which there is much reason to fear may not be speedily realized. The probability STANLEY TO GIPPS. 589 indeed of the relatives of the deceased being able to recover 1843. any part of their claims from the Estate of Mr. Manning, which arc under the provisions of the local Insolvent Act, 5th Vict., improbability C No. 17, has been placed under sequestration, is I regret to say fr0m eJtate of extremely remote, as Your Lordship will have perceived by the J- E. Manning. letter of the Judges addressed to Your Lordship, under date the 23d Feby. last, and transmitted in my Despatch, No. 2 of the 2nd instt., above referred to. I have, &c, E. DEAS THOMSON, Colonial Secretary. [Enclosure.] [A copy of this return is not available.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 36, per ship Euphrates.) Sir, Downing Street, 17 March, 1843. " March. I have received your Dispatch, No. 122 of the 16th July Despatch last, reporting the principle upon which allowances had been ac"nowe *-' issued to defray the travelling expences of the Judges and Law Officers, or other Parties engaged in the business of the Circuit Courts of New South Wales. I have to convey to you the approval of Her Majesty's Govern- Approval ment of the scale of allowances, which you have fixed. traveling These allowances will be properly classed amongst the ex- allowances r j penses referred to in the Schedule A of the Act 5 and 6 Vict., fn d ^ls. Cap. 76, for the Government of New South Wales. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch* per ship Euphrates; acknowledged by Sir George Gipps, 16th September, 1843.) Sir, Downing Street, 18 March, 1843. is March. I have received from Mr. A. W. Larymore, the Postmaster Letter received

at Morpeth, N.8.W., a letter dated the 26th of September, 181+2, %°™£0™' bringing under my consideraiton the inadequacy of the Salary attached to his Office. 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.

* Note 50. 590 HISTORICAL RECORDS OF AUSTRALIA.

18*3. COLONIAL SECRETARY THOMSON TO LORD STANLEY. 18 March (Despatch No. 6, per ship Alfred.) My Lord, Government House, 18th March, 1843. Correspondence it is my duty, in the absence of His Excellency Sir George charter party Gipps at Norfolk Island, to bring under Your Lordship's notice of ship the accompanying Copies of a correspondence which has taken place between this Government and the Surgeon Superintendent of the Convict Ship " Navarino," Mr. John J. Lancaster, relative to a breach of the Charter party of that Ship, by which the Owners, in having imported Goods being private property, have rendered themselves liable to a penalty or forfeiture of one thou­ sand pounds, unless they can produce the permission of the Lords Commissioners of the Admiralty for the shipment of the goods in question. I have also the honor to enclose herewith Copies of my corre­ spondence on the same subject with the Commissariat Depart­ ment at Sydney, as well as with the Collector of Customs at this Port. It appears obvious from these several documents that the ship­ ment of the goods, referred to, was contrary to the express agree­ ment in the Charterparty; and I presume that they will con­ stitute sufficient evidence of the facts of the case to enable the Lords Commissioners of the Admiralty to make the requisite deduction from the freight, which the owners would otherwise be entitled to receive on the completion of the voyage. But, if otherwise, the facts may be proved by the viva voce evidence of the Surgeon Superintendent, who returned to England in the ship " Achilles," which sailed on the 5th of this month. I have, &c, E. DEAS THOMSON, Colonial Secretary. [Enclosures.] [Copies of these papers are not available.]

GOLONIAL SECRETARY 'THOMSON TO LORD STANLEY. (Despatch No. 7, per ship Alfred.) 20 March. My Lord, Government House, 20th March, 1843. Transmission With reference to my Despatch, No. 3 of the 4th instt., I of letter from have now the honor (in the continued absence of the Governor J. W. Willis. at Norfolk Island) to forward to Your Lordship the enclosed Copy of a letter addressed to His Excellency by Mr. Justice Willis, transmitting a letter from him to His Honor the Super­ intendent of Port Phillip, and the latter enclosing a Copy of an Address, which was presented to the Judge on the llth instt., STANLEY TO GIPPS. 591 expressive of the confidence of the parties signing it in the 1843. administration of Justice in the District by Mr. Justice Willis, _^-° ' and of their desire that he should continue to preside over the Address to Supreme Court at Port Phillip. Mr. Justice Willis also trans­ mits, in the letter in question, two numbers of the " Port Phillip Patriot," each containing a letter from Mr. J. P. Fawkner with a statement by view to shew that his loan to the gentleman had no influence on J' p' Faw ner' that Paper. Mr. Justice Willis explains that these documents would have been transmitted through the Superintendent, but for his tem­ porary absence on a visit to Portland Bay, and requests that they may be forwarded to Your Lordship as early as possible. I have therefore thought it due to Mr. Willis not to allow a ship to sail without putting Your Lordship in possession of them, in order that if possible they may be taken into consideration at the same time as the other voluminous papers having reference to his case, which have recently been transmitted to Your Lord­ ship by His Excellency Sir George Gipps. I have, &c, E. DEAS THOMSON, Colonial Secretary.

[Enclosure.] [A copy of this letter, dated llth March, 181+3, will be found in a volume in series III.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 37, per ship Euphrates.) Sir, Downing Street, 22d March, 1843. 22 March. My' Instruction, addressed to the Lieutenant Governor Reference of Van Diemen's Land on the subject of Convict Discipline, aespaTch"3 which was communicated to you with my Dispatch No. 14 of the 26th of January last, will have apprised you of my intention to appoint a Successor to Captain Maconochie in the Office of Superintendent at Norfolk Island and will also have fully ex­ plained to you the system which it was intended to introduce there, One material part of the arrangement being the annexa­ tion 'of Norfolk Island as a Dependency of the Government of Van Diemen's Land. I have now to acquaint you that I have selected Captain Appointment

Childs, E.N., as successor to Captain Maconochie, and he will A Maconodiie. shortly proceed to his destination. The Act, which was passed in the last Session of Parliament inn neeessary for the Government of New South Wales, prevents the separation ^Norfo'ik10r of Norfolk Island from the Colony of New South Wales without island. 592 HISTORICAL RECORDS OF AUSTRALIA.

the authority of an Act of Parliament, and I propose shortly to 22 March. introduce a Bill for that purpose. In the meantime, it will be Appointment necessary that Captain Childs should derive his appointment to be made by Sir G. Gipps. from you, and I give you this early notification of his nomination in order that you may make such preliminary arrangements as you may consider necessary or advisable for giving effect to the intentions of Her Majesty's Government in this appointment and for ensuring the support of his authority. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch per ship Euphrates.) 23 March. Sir, Downing Street, 23d March, 1843. Having fully considered the representations, which have been from time to time received from Your Government, of the Decision to necessity of reviving permanently the Office of Solicitor General, revive office of I have resolved to delay no longer acting on that advice, especi­ solicitor- general. ally as it may be of some importance to you that such arrange­ ment should be made before the election of the Members of Coun­ cil under the new Act for the Government of New South Wales. Although I have not yet received the local Act which you have reported as having been recently passed for regulating the Court of Eequests, yet I am given to understand that the Office of Com­ missioner in that Court is placed under that Act on a higher Appointment of footing as regards emolument than heretofore; and I, therefore, W. A'Beckett. should propose that Mr. A'Becket should be permanently con­ firmed in the' Office of Solicitor General, leaving Mr. Therry in the Court of Eequests. At the same time, I should not wish absolutely to fetter your discretion, if you should wish to propose any other arrangement of those Offices. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 40, received via Port Phillip.) 25 Mpj-ch, Sir, Downing Street, 25 March, 1843. Despatch I have received your Despatch, No. 161 of the 9th of Sep­ acknowledged. tember, 1842, with its Enclosures, reporting the circumstances under which you had suspended Mr. Sievwright from the Office of Assistant Protector of Aborigines at Port Phillip, and sanc­ tioned the appointment made by Mr. Latrobe of Mr. John Walton as his Successor. Approval of I have to convey to you my approval of Mr. Sievwright's re­ appointment moval from Office, and of the Appointment of Mr. Walton to of J. Walton. the Vacancy. STANLEY TO GIPPS. 593 I observe that your Instruction to the Superintendent at Port 1843. Phillip to suspend Mr. Sievwright was dated the 3rd of June, 25 Marel1, 1842, a period of three Months elapsing before you reported that Delay in measure to Her Majesty's Government. suspension I notice this delay in order that it may be avoided on future gje^ri ht occasions, lam, &c, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 35, per ship Alfred.) My Lord, Government House, 25th March, 1843. I have the honor to report to Your Lordship that I reached Return of Sydney, on my return from Norfolk Island, at an early hour fro^N^Tm on Friday the 24th instt., having been absent from the seat of island. Government only twenty four complete days. My Eeport on the state of Norfolk Island cannot, I regret inability SQ to say, be completed for the present opportunity; but, as Vessels rePort " for England sail frequently at this season of the year, I hope to be able to forward it in the course of a few days. I beg leave to explain that the state of public business" ren­ dered it quite impossible for me to pay an earlier visit to Norfolk Island, though I expressed, so long ago as the 7th Feby., 1842, my intention to visit it, and that intention was approved by Your Lordship's Despatch, No. 160 of the 4th Augt. of the same year. I am happy to add that the business of the Government was Administration satisfactorily conducted by the Colonial Secretary during my by^D."™ Thomson absence. T have, &c., - GEO. GIPPS.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 41, received via Port Phillip; acknowledged by Sir George Gipps, 26th September, 1843.) Sir, Downing Street, 27th March, 1843. 27 March. In transmitting to you the enclosed copy of a letter from Report require.) Captain Thomas Stuart, E.N., making enquiry as to the truth re J- stuart- of a report which has appeared in the Public Papers of the Death of his Brother, Colonial Assistant Surgeon James Stuart, at Sydney, I have to request that you will take an early opportunity of reporting to me the facts of the case. j have &c STANLEY. SEE. I. VOL. XXII—2 P 594 HISTORICAL RECORDS OF AUSTRALIA.

1843. [Enclosure.] 27 March. CAPTAIN STUART TO UNDER SECRETARY HOPE. Sir, Combermere, Cork, 18th March, 1843. Request for Having this day enquired respecting the reported death of report re J. Stuart. my brother Colonial Assistant Surgeon James Stuart of Sydney, and finding, tho' the report in the papers is dated in last June, that no account of it has been forwarded to the Colonial Office nor to his family, may I take the liberty of requesting you will be pleased to direct such enquiry to be made in the proper quarter in Sydney, as may lead to the facts, as to whether it be correct or not. I have, &c, THOS. STUART, Captn., R.N.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 37, per ship Alfred; acknowledged by lord Stanley, 4th August, 1843.) My Lord, Government House, 27th March, 1843. Transmission I have the honor to forward herewith a Petition to Her of address. Most Gracious Majesty, very numerously signed by persons principally of the Working Classes in Sydney, against the im­ portation of Coolies into the Colony of New South Wales. Objections to I have at various times incidentally expressed my opinions on introduction the proposed introduction of Coolies into the Colony, both in my of coolies. Despatches to Your Lordship and in my place as President of the Legislative Council. The language, which I have uniformly held on the subject, is that, though there is nothing in the Law to prevent the introduction of Coolies into the Colony by indi­ viduals, their importation will not be encouraged by the Govern­ ment, unless indeed the want of Labour should be felt more heavily than it ever yet has been; and that in no case is it to be expected that any assistance from the public funds will be given for the purpose of introducing them. I have, &c, GEO. GIPPS. [Enclosure.] Address to ADDRESS to Her Most Gracious Majesty, Queen Victoria. H.M. Queen Humbly Sheweth, Victoria protesting That your Petitioners, being inhabitants of New South Wales, against have viewed with surprise and regret the formation in this place introduction of an association for obtaining permission to import Coolies or of coolies. other Labourers from India, insomuch as the recent introduction of many thousand British immigrants has for the present sufficiently stocked the Labour Market. That, in the present embarrassed state of the Capitalists of this Colony, arising from extravagant expenditure, over speculation, and efforts to monopolize all the Land and Stock of the Colony, your petitioners consider that any attempt to lower the present low rate of wages by the introduction of Coolies would be unjust to those immigrants, who have been induced to leave their Native Country to sojourn in this distant land. GIPPS TO STANLEY. 595

Your Petitioners, being aware from experience and from history 1843. of the vices peculiar to the Natives of India, would deprecate in 27 March. the strongest manner, any attempt to introduce them into this Addressto Colony, feeling assured that such a step could not fail to be a H.M. Queen hindrance to the growth of virtue and morality among us. Victoria Your Petitioners would also suggest that, in consequence of the protesting length of time which this country has been a penal settlement and i^™|uotion of the habits in many cases formed by those who have been masters of cooiies. of assigned Servants, there is every reason to believe that the employment of Coolies would from the first assume or rapidly degenerate into the form of Slavery; and, from the extent of coun­ try and the scattered state of the population, it would be impos­ sible for any number of Protectors, who might be appointed, to afford such personal security to the Coolies, as would be absolutely necessary. That your Petitioners would respectfully represent that in this Colony there does not exist, as in the Mauritius, a Coloured race of Labourers; the labourers here being either Europeans, or the descendants of Europeans, and therefore it would be unjust to asso­ ciate Indian Coolies with the immigrants who have come to this Country as Labourers, having been induced to leave their Native Country on the representations that were made to them of the cer­ tainty which existed of bettering their condition in Australia. That your Petitioners deny the Justness of the conclusion that, because the introduction of Coolies was considered necessary for the welfare of the Mauritius, it is therefore necessary or advisable for Coolies to be introduced into this Colony; the circumstances, productions and inhabitants of the two Colonies being very widely different from each other. That your Petitioners are desirous of pointing out the fallacy of an argument used toy those who are favorable to the introduction of Coolies, viz., "That this emigration (of Coolies) would be of benefit to the Natives of India themselves "; on the contrary, your petitioners maintain that the number required would be so very trifling that their removal from India would do little to relieve the remainder of the inhabitants from the pressure of famine some­ times experienced there. That your Petitioners have read with astonishment the following passage in the Memorial recently sent to Lord Stanley by the Asso­ ciation for the introduction of Coolies or other Labourers, namely, "That an extraordinary portion (proportion) of the immigrants have become themselves employers of Labourers, and thus increased the difficulties of the Settler." This passage we beg most respect­ fully to represent as in a great measure untrue. That your Petitioners consider this attempt of the Association to introduce so inferior a description of labour, to have been chiefly if not solely caused by a desire to gain similar benefits from the labour so introduced to those formerly enjoyed by a few individuals under the assignment system, to the manifest injury of the other classes of the community. That your Petitioners have learned with feelings of the deepest sympathy and sorrow the existence of the present distress in their Native Land; and they beg most respectfully to submit that, in the event of Labour being required for this Colony, the inhabitants of Great Britain, by their enormous expenditure on this Colony, have acquired a right to supply its Labour Market, and that to 596 HISTORICAL RECORDS OF AUSTRALIA.

1843. allow the introduction of Coolies into New South Wales would be an 27 March, act of great injustice to the starving population of Great Britain. Address to That your Petitioners would likewise beg leave to state, That H.M. Queen every Native of Great Britain, when employed as a labourer in Victoria this Colony, becomes a valuable customer to his Native Country, protesting against whereas on the contrary the introduction of Coolies into New South introduction Wales would considerably diminish, and in some cases annihilate of coolies. the Market for European Manufacturers. That as the proposed introduction of Coolies is not required by the present state of the Labour Market; as they would prevent or retard the growth of virtue and morality; as their employment would in all probability degenerate into a species of Domestic Slavery; as their introduction would be unjust to the Forty Thou­ sand British immigrants introduced into this Colony; as this mea­ sure would not be of general or permanent benefit to India, or to the Coolies themselves; as the inhabitants of Great Britain have a right to supply any demand for labour which may be created in this Colony; your Petitioners humbly pray your Majesty will be pleased to continue the restrictions at present existing to prevent the exportation of the Coloured Natives of India to this Colony. And your Petitioners, as in duty bound, will ever pray, [Signed hy 1+,129 persons.] SIR GEORGE GIPPS TO- LORD STANLEY. (Despatch No. 38, per ship Alfred; acknowledged by lord Stanley, 12th September, 1843.) 28 March. My Lord, Government House, 28th March, 1843. I have the honor herewith to forward a letter addressed to Your Lordship by the Bishop of Australia, and to explain that, though the letter is a sealed one, a Copy of it has been furnished to me by the Lord Bishop. It is scarcely necessary for me to observe that the Lord Bishop's letter has been written, and the Protest contained in it made, in consequence of the recent assumption by the Eevd. Dr. Polding of the style and title of Archbishop of Sydney. The Eevd. Dr. Polding was, by Lord Aberdeen's Despatch No. 26 of the 20th Feby., 1835, authorized to exercise Episcopal functions in New South Wales, and, having before his first arrival in the Colony been consecrated Bishop of Hiero Ccesarea, has generally been called the " Catholic Bishop," though by the Local Government he was, previously to his going to England in 1841, never addressed in any other form than that of the Right Eevd. Dr. Polding. Since his assumption of the dignity of Archbishop, I find he has (though without any order from me) been on one or two occasions addressed by the Colonial Secretary as the Most Eevd. Dr. Polding; and, by the Visiting Book at Government House, it appears that he left his name as the Most Eevd. Dr. Polding on the 25th instt.- GIPPS TO STANLEY. 597 In my Despatch of the 20th Novr., 1840, No. 179, I reported 1843. that Dr. Polding had proceeded to Europe on Leave of Absence; . and I have now to add that he reached Sydney on his return, only Return of -r i o right revd. on the 9th instt. 1 have, &c, j. B. Polding GEO. GIPPS. to srdney- [Enclosure.] BISHOP OF AUSTRALIA TO LORD STANLEY. My Lord, Sydney, 27th March, 1843. I have the honor to forward for Your Lordship's information Protest by p { a Copy of a Circular Letter, recently addressed by me to the Clergy ^Ug°r al° a of this Diocese, and of a Protest which has been publicly delivered against against the assumed right recently exercised by the See of Rome assumption to institute an Archbishoprick deriving its title from this city, and of style and f claiming metropolitan privileges throughout the whole extent of *"^° sh New Holland. bright revd. In these documents Your Lordship will perceive that I have con- j B p0iding. fined my objection to grounds strictly ecclesiastical. With the ques­ tion as to the legality of the measure against which my Protest is directed, it does not belong to my Office to interfere; neither should I, except in token of becoming respect to Your Lordship, have thought it encumbent on me to solicit Your Lordship's attention to a topic, upon which the State, if it conceive its interest involved, is competent to act for itself without passing the limit which separates its province from that of the Church. But there is one measure, nevertheless, partaking more of a legislative than of an ecclesiastical character, to which, as it may affect the rights of conscience in myself and all other bishops of the Established Church, it will be strictly within the line of my duty to refer. Your Lordship is well aware that by the Oath of Supremacy appointed by law to he taken by every holder of an Ecclesiastical benefice, and by every person admitted to Holy Orders, it is declared " that no foreign prince, person, prelate, state, or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm." The representation which I feel it my duty to submit to Your Lordship is that, in case the Civil powers should even tacitly admit the exercise of the papal authority in erecting and conferring ecclesiastical dignities within the dominions of Her Majesty, this would be an admission, sufficiently direct, on the part of Govern­ ment, that a foreign prelate has that ecclesiastical and spiritual authority and jurisdiction within this realm, which, it is directly affirmed by our Oath, he neither has by right nor ought to have in fact. Your Lordship, I am persuaded, will pardon my earnestness in directing your observation to this point; because, having bestowed attention upon the moral and conscientious obligation arising out of that Oath, I feel perfectly satisfied that we cannot safely continue either to take or to administer the same if the papal superiority, copyas [Thisno willw attempte was le afound printedd t oin b eseries circular,exercised[Sub-enclosure. VII.], shouldated d ]25thb eI admitte haveMarch,W., Gd&c. b181+8,AUSTRALIA,y the Stateof which. . a 598 HISTORICAL RECORDS OF AUSTRALIA.

1843. SIR GEORGE GIPPS TO LORD STANLEY. 28 March. (Despatch marked " Separate," per ship Alfred.) My Lord, Government House, 28th March, 1843. Reference As in some degree connected with the subject of the letter to previous from the Bishop of Australia to Your Lordship, transmitted despatches. with my Despatch of this day's date, No. 38, I think it right to refer to my Despatch to Lord Normanby, No. 109 of the 29th July, 1839, as well as to Lord J. Eussell's replies, Nos. 59 and 60 of the 17th Deer, of the same year, though I have not thought it desirable in my public Despatch to make any reference to the matters whereto they relate. Reception I was not in Sydney when Dr. Polding recently landed on his of right revd. return from Europe; but I understand he was received with great J. B. Polding at Sydney. ceremony by the part of our Population professing the Eoman Catholic Eeligion. Bearing in mind the very advantageous position, in which the Eoman Catholics of this Colony were placed by the Church Aet of 1836 (7th Wm. IV, No. 3), I cannot but consider the recent Criticism of proceedings of Dr. Polding, or rather of the See of Borne, to creation of have been very indiscreet; and I fear they may have the effect of archbishopric. reviving animosities, which, since the passing of the Local Act referred to, have been gradually subsiding. I shall take care however to keep the Government as clear as possible from any participation in them. j have &c.

GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 39, per ship Alfred; acknowledged hy lord Stanley, 9th August, 1843.) 29 March.- My Lord, Government House, 29th March, 1843. Transmission Herewith I have the honor to transmit a Petition, which °f Pf™fn, fl°m has been addressed to the Lords of the Treasury by Mr. Eobert R. G. Dunlop. Glasgow Dunlop, a Merchant of Sydney, praying that he may be relieved either wholly or in part from the effect of a Verdict, which has been obtained against him in the Supreme Court of this Colony for the sum of £1,741 10s., in consequence of the Bonds having been put in suit against him, which he, jointly with others, gave to the Collector of Customs, that certain spirits, shipped from. Sydney in the "Fair Barbarian," should not be relanded in the Colony of New South Wales, which spirits how­ ever were relanded and seized, as reported in My Despatch of the 30th Augt., 1842, No. 152. The nature of this smuggling transaction was fully therein reported; and, for some particulars respecting Mr. Dunlop, I GIPPS TO STANLEY. 599 must beg to refer to my Despatches of the 10th July and 14th 1843. Septt., 1842, Nos. 117 and 167, each of which contained a Peti- 29 MarcK tion from Mr. Dunlop. In forwarding Mr. Dunlop's present Petition, I regret that it Opinion adverse is out of my power to recommend to the Lords of the Treasury reifefto1"* a compliance with any part of the prayer of it; on the contrary, R- G- Dunlop. I feel it my duty to represent, as strongly as I can, that Mr. Dunlop has no claim whatever on the leniency of Government. It might be supposed, from the terms of his Petition, that some representation in his favor had been made to me by the Chief Justice, but none such has been received. Mr. Dunlop says, and says truly that he is not, in respect to the present business, accused of having smuggled; but he has Smuggling been not only accused but convicted of smuggling on former E^^Duniop" occasions, as may be seen by the Despatches above alluded to; and I cannot doubt that, even in the present case, he well knew that the Spirits were to be relanded in the Colony. The parties, to whom he sold them, were notorious smugglers, and have long been known as such to the Government. A Prosecution has been commenced against them; but, without the assistance of Mr. Dunlop, it is doubtful whether a conviction will be obtained. He has promised this assistance; and, should he give it effectu­ ally, his own case may assume a somewhat altered aspect; and I am not prepared to say that he may not establish some claim on the Government. Until however the value of his evidence can be tested in a Court of Justice, it would, I must submit, be prema­ ture to enter into any discussion of this point. I will only add that Mr. Dunlop is, I believe, well able to pay Verdict to the sum for which a Verdict has been obtained against him; and berecovered - that the Law Officers have my instructions to proceed to the immediate levy of it. I have, &c., GEO. GIPPS. [Enclosure.] PETITION to the Eight Honourable the Lords Commissioners of Petition of Her Majesty's Treasury, London. for reiiefVom May it please Your Lordships, verdict of OTiriTViriA court The Humble Petition of Robert Dunlop, Merchant, residing y in Sydney in the Colony of New South Wales, Sheweth, That a verdict has been obtained against Your Lordships' Petitioner in the Supreme Court of this Colony for the sum of One thousand, seven hundred and forty one pounds 10s. and Costs. One hundred and Sixty eight pounds 18s. lid. for the breach of an Export Bond signed by him at the Custom House, the Goods therein mentioned having it appears been relanded in the Colony with the fraudulent intention of defrauding the revenue, and the Chief Jus­ tice of this Colony having recommended Your Petitioner to repre­ sent to the Colonial Government for the purpose of obtaining a 600 HISTORICAL RECORDS OF AUSTRALIA.

1843. Mitigation or remission of the fine to which Your Petitioner has 2y March. become liable, certain facts which the Honourable Court could Petition of not entertain as they did not legally affect the case. Your Peti­ R. G. Dunlop tioner accordingly made a most respectful representation of the for relief from same to the Governor of this Colony, but only received an answer verdict of supreme court. referring him to the Civil Crown Solicitor, who verbally informed Your Petitioner that he had orders to proceed with the utmost rigour of the law in recovering the whole of the fine from Your Petitioner. Your Petitioner would most humbly beg to bring before Your Lordships the facts before referred to the Governor of this Colony by the recommendation of the Chief Justice, That Your Petitioner is not accused of Smuggling or of any participation of such an Act. That Your Petitioner has not nor could he have derived any profit from the act, for which he is made liable to so heavy a penalty. That your Petitioner has already suffered very severely by the destruction of his credit and being forced to neglect his business from the Action on which the Verdict has been obtained against hixn. Your Petitioner would further beg to point out to Your Lordships that he has offered to adduce ample proof to the Colonial Govern­ ment that your Petitioner sold and disposed of the Goods which have been relanded in this Colony to parties previously unknown to your Petitioner at the lowest Market price of such goods, Your Petitioner having at the time he made such sale been only fourteen days in the Colony and having returned after a long absence. Your Petitioner has further many months ago, before a Judge­ ment could be obtained for the penalty now enacted, stated to the Governor of this Colony the names of the Parties to whom such sale was made, and offered to produce most ample proof to convict the said parties of having been concerned in the fraudulent reland- ing of the said Goods; and Your Petitioner is informed that an Action has been commenced against the said parties for three times the Duty and Value of all the said Goods, which have been fraudu­ lently relanded, and that there can be no doubt of the penalty being recovered, as the proofs are most ample and the parties are well known to be possessed of large property. Your Petitioner would further most humbly beg to represent to your Lordships that the present action is principally dictated by vindictive motives against Your Petitioner, as many similar breaches of Export Custom House Bonds have previously occurred in this Colony without any claim having,been made against the signers of such Bonds; and Your Petitioner considers the present as only one of a number of partially severe acts by which Your Petitioner has been utterly ruined by the Government of this Colony. Finally Your Petitioner would beg to submit to Your Lordships that the amount of Penalty inserted in the Custom House Bonds of this Colony is exhorbitant, being three times the amount of Duty payable on the article mentioned in such Bonds, while Your Peti­ tioner is informed that in England only double the amount of Duty is inserted in similar Bonds. And Your Petitioner is informed that Your Lordships are generally pleased greatly to reduce the fines incurred under the Customs Acts, even in cases where the parties are convicted of Smuggling; and Your Petitioner humbly prays that STANLEY TO GIPPS. 601

Your Lordships may be pleased to take into your consideration the 1843. still greater hardship of the present conviction and remit the fines 29 March. incurred or such part of them as Your Lordship may be pleased to direct. And Your Lordships' Petitioner will ever pray, etc., etc. Dated at Sydney, this tenth day of March, One thousand, eight hundred and forty three. R. G. DUNLOP.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 45, received via Port Phillip.) Sir, Downing Street, 30 March, 1843. 30 March. I transmit to you, for your information and guidance, the Transmission enclosed Copy of an application which I have received from Mr. application O. Pineo, a Naval Settler, for an additional Grant of Land in of 0. Pineo. New South Wales, together with a Copy of a Eeport of the Com­ missioner of Land and Emigration on the subject, and of the answer which has been returned by my direction to Mr. Pineo's application. I am, &c-> [Enclosure No. 1.] STANLEY. MR. 0. PINEO TO UNDER SECRETARY HOPE. Sir, Cecil Place, Southsea, 17th February, 1843. ' I beg leave to forward the enclosed Letters, for the informa- Application tion of the Right Honble. Lord Stanley, with a few just and true ^r^^^ial •explanations of certain portions of that correspondence. "iand grant. In the year 1830, by the existing Regulations. I was entitled to a grant of Land to the extent of 2.560 Acres, with 320 for each of my children, six in number; In 1837, to 1,280 Acres; In 1838, to 800 acres. I have received only 200 Acres, and none whatever for my children. Now after forty years' hard service in the Navy, nearly the whole of which period has been abroad, and much of it in the most sickly climates, I did think, and do still believe, that there should not have been any difficulty thrown in the way of my receiving 800 Acres of Land. And I would beg to call His Lord­ ship's attention -to this fact that, having served 30 Years as a full Surgeon when I -might have retired at 20 Years, with the highest grant of Land specified above, never believing for a moment that a greater length of Servitude would have abridged my claims, but rather have encreased them, I am convinced that my case will receive that due consideration, which the circumstances may appear to merit in His Lordship's opinion. The present Minister for the Home Department, whenfirst Lord of the Admiralty, promised to provide for me. whenever he had the power. He left Office without doing anything; nor did any ot his The circumstance of my having been Surgeon of four different Men of War, when they carried Ambassadors to I oreign Courts. would, I should hope, give some claims to me, as the Medical Officer on such Service, As well as having been Superintendent to upwards of a thousand Convicts and Emigrants to New South Wales. Be­ sides I was Surgeon of the Man of War, which took Governor Bligh out to the Country in 1806, and came home with Governor King in -10^7 I have, &c, I8U O. PINEO, Surgeon, R.N. 602 HISTORICAL RECORDS OF AUSTRALIA.

1843. [Sub-enclosure No. 1.] 30 March. COLONIAL SECRETARY THOMSON TO MR. O. PINEO. Sir, Colonial Secretary's Office, Sydney, 4th June, 1841. Refusal of In reply to your Letter of the 1st Inst, soliciting to be allowed to take at application five shillings per Acre, without competition, Lands which have been put up to Sale, from 0. Pineo. and not bid for, I do myself the honor by direction of the Governor to inform you that His Excellency regrets that he cannot comply with your request, it being con­ trary to the existing Regulations. I have, &c:, E. DEAS THOMSON. [Sub-enclosure No. 2.] COLONIAL SECRETARY THOMSON TO MR. O. PINEO. Reasons for Sir, Colonial Secretary's Office, Sydney, 22nd June, 1841. decision on In acknowledging the receipt of your Letter of the 8th Inst., in which you application. renew your application to be allowed to select Land at (five shillings per acre, which has at any time been put up to Sale at that price and not bid for, and in­ stance, as a precedent, the case of Dr. Thomas Galloway, who has recently been confirmed in the possession of Land under the late Regulations applicable to retired Officers, I am directed to inform you that there is an essential difference between the two cases. Dr. Galloway obtained the promise of bis Land in November, 1837,* and the only favor extended to him was the remission of the penalty to which he exposed himself by not returning to the Colony within two years, as he was required to do by the Bond which' he entered into. It is indeed alleged that you also made application in 1837,f but of such applica­ tion no trace can be found, and it is certain that you received no promise in 1837. In 1838 you made an application to Sir George Gipps, which was not refused, as imagined by you. You were simply informed that you must comply with the Regulations by producing certain Documents ;t and, as you did Dot produce these Documents, or take any other steps in the matter, your application of 1838 became of no avail whatever. And, on the lst of the present month, you again applied for the above indulgence, when you were told that the regulations could not be departed from. Having thus explained to you the reasons whieh caused the Governor to treat your case differently from that of DT. Galloway, which you appear to consider parallel to your own, I am directed to acquaint you that His Excellency must decline further correspondence UNDEwith yoR u SECRETARon the subjectY HOP. E TO MR. O.I havePINEO, &c.„ E. DEAS THOMSON. [EnclosureSir, No. 2.] Downing Street, 28th March, 1843. Refusal of I have received and have laid before Lord Stanley your claim of O. Pineo to Letter of the 17th Ulto. with its Enclosures, on the subject of your land grant. claim to an additional grant of Land in New South Wales. It appears from these papers that, having applied for Land in 1841 as a Naval Settler, you received 200 Acres. You observe that, in the earlier year of 1838, you would have been entitled to 800 Acres, in 1837 to 1,280 acres, and in 1830 to 2,560 acres, and you represent as a hardship that, after many years service, you should only receive 200 acres. Lord Stanley directs me to observe that, in every case, an Officer must be prepared to take his Land according to the general regu­ lations in force, and according to the value of the Land at the time when he claims and obtains it. With regard to the application which you allege having made for Land in 1837 and 1838, it appears, from the Statement of the Colo­ nial Secretary at New South Wales, that in 1837 no trace of any * Marginal note.—I applied to the Colonial Office in England, for my Grant of Land as a Naval Surgeon in 1819.—(Signed) O.P. t Marginal note.—And gave an Admiralty list of my services, which then amounted to about 28 years, and- was told by Sir Richard Bourke to apply for my land, which I did in 1837.—(Signed) O.P. t Marginal note.—Obtained these • Documents on my return to England and- gave them to the Colonial Secretary in Sydney 30 years' service.—(Sgd.) O.P. STANLEY TO GIPPS. 603 such application could be found, and that it was certain that yon 1843. did not then obtain any promise of Land, while in 1838, although sn March. you did apply, you were unable to produce the Documents required R .. ~~T~. by the Regulations. Lord Stanley regards that answer as conclu- ciainTof0 sive, and he feels it impossible to admit your claim to additional o. Pineo to Land. I am also directed to observe that a further objection to land grant. your claim appears to exist in the circumstance that, although the Regulations required a residence of two years in New South Wales before a grant could he issued to a Military or Naval Settler, you seem to have quitted the Colony much within that period. I have, &c, G. W. HOPE. [Enclosure No. 3.] LAND AND EMIGRATION COMMISSIONERS TO UNDER SECRETARY STEPHEN. Colonial Land and Emigration Office, Sir, 9 Park St., Westminster, 15 March, 1843. We have the honor to acknowledge your letter of the 23d Report by land Ultimo, accompanied by one from Mr. Pineo on his claim to Land and emigration J -- ' „ ,, V,T , commissioners in New South Wales. on claim of From the Papers we gather that, having applied for Land in o. Pineo. 1841 as a Naval Settler, he received 200 Acres. Mr. Pineo observes that in the earlier year of 1838 he would have been entitled to 800 acres, in 1837 to 1,200 acres, and in 1830 to 2,560 acres; and he represents that it is very hard -therefore that in 1841, after so many years additional servitude, he should only receive 200 Acres. The obvious answer to this complaint is that an Officer must take his Land according to the Regulations in force, and according to the value of Land at the time when he claims and obtains it. This seems to us to dispose of the only ground which we find Mr. Pineo to put forward in the appeal he has addressed directly to the Colo­ nial Department. But, by a letter from the Colonial Secretary at Sydney, of which Mr. Pineo encloses a copy, he appears to have alleged to the Gov­ ernor that he had applied for Land before in 1837 and 1838. The Colonial Secretary replied that in 1837 no trace of any such applica­ tion could he found, and that it was certain that Mr. Pineo did not then obtain any promise of Land; while in 1838 he did indeed apply, but was unable to produce the Documents required by the Regula­ tions. The reply on both points appears to us sufficient. We can only recommend therefore that Mr. Pineo's complaint be answered by informing him, that Officers must receive their Lands according to the Rules established at the time when they make their application in the manner and under the conditions prescribed to them for the purpose. Before closing this report, however, we think it right to mention that, altho. the regulations require a residence of two Years before a grant can be issued to a Military or Naval Settler, Mr. Pineo whethethsayanwcloseseemeed s departuraddresse sTrusteedh erit s hao ath havs copesnode epractict oyt oquittef osol o manag afhidn th ehimOfficed e soo e thansweLandnf ierthitht Colonundedurin,ser anColoniapointwrdey g suc hahav.muchi slhs eI lef habsencetcircumstancesGovernmenreceive twilwithi itl i nb.nd e charg tthaWobserveot esomt ma,e d periodprovideoefy dno a enquiriesanctiothant. Agen knodtEn he­nwts 604 HISTORICAL RECORDS OF AUSTRALIA.

1843. returns within a reasonable time, and becomes a permanent settler; 30 March. but we would suggest that Mr. Pineo's representation together with Report by land the present report be sent to the Governor for his information, and, and emigration in order that he -may be aware of that Gentleman's departure. commissioners And if this course be followed, we apprehend that it would also be on claim of 0. Pineo. deemed proper, in the answer to Mr. Pineo, to draw his attention to the abovementioned Regulation, and to acquaint him that it has been felt necessary to apprize the Governor of his being absent from the Colony. We have, &c, T. FREDK. ELLIOT. EDWARD E. VILLIEBS. [Enclosure No. 4.] MR. 0. PINEO TO MR. S. WALCOTT. Statement Sir, Cecil Place, Southsea, 12th March, 1843. 0. Pineo. In reply to your letter of the 10th Instant, I have the honor to state for the information of the Board, " That I have received two hundred acres of land, and no more as a Naval Surgeon " of thirty years' actual Sea Service in that Rank, Forty years alto­ gether in -the Navy. "That the date of that order was 3d April, 1841." " That I left the Colony the last time 18th February, 1842." "That I did not sell my Land though frequently importuned to do so," Having appointed an agent and Trustee to manage that and other Property during my absence. I have, &c, LORD STANLEY TO SIR GEORGO. EPINEO GIPPS, Surgeon. , R.N. (Despatch No. 47, received via Port Phillip; acknowledged by Sir George Gipps, 29th September, 1843.) 31 March. Sir, Downing Street, 31 March, 1843. Correspondence I transmit to you herewith the enclosed Copies of a Corre­ with British spondence, which has passed between the British Colonial Bank colonial bank and loan and Loan Company and this Department on the subject of the company. application of that Company for a Charter of Incorporation. Report I have to request that you will furnish me with an early report required. of your opinion as to the propriety of complying with that application. I have, &c, STANLEY. [Enclosure No. 1.] SIR HERBERT COMPTON TO LORD STANLEY. My Lord, Submission As Chairman of the British Colonial Bank and Loan Com­ of draft of charter. pany, and on behalf of myself and the other Directors, I have the honor to submit to Your Lordship the Draft of a proposed Charter for the Incorporation of the Company. The Company was established in February, 1840, under a deed of Settlement for the purpose of investing monev at interest upon real and personal Securities in the British Colonies, and also for acting as Bankers and Agents in such Colonies as is fully set forth in the copy of the Deed and Charter which accompany this letter. The Capital of the Company was fixed at £1,000,000 STANLEY TO GIPPS. 605 Up to the present time, the Company have carried on their 1843. operations under their deed of Settlement, which have been almost 31 March. exclusively confined to lending money at interest in the Australian oapitai and Colonies, where they have now upwards of £250,000 invested upon operations of Mortgage of Landed Securities, producing interest at the rate of British colonial £10 per Cent. If incorporated, the Company propose to abandon ^ancompanv Banking as a branch of the Business to toe carried on under the Charter. A Local Board of Directors has been established at Syd­ ney, under whose sanction and superintendence all advances of money are made, and from their reports it appears that the opera­ tions of the Company have been highly favorable to the develope- ment of the resources of the Colony. The Company have already invested a large portion of their Capital and are shortly about to make further calls for that pur­ pose; but, as their affairs have become more extended, the dis­ advantages arising from their constitution as a body of partners under a deed of Settlement has been much felt, and has seriously impeded them in giving full effect to the purposes of their Institu­ tion. They have therefore resolved, in pursuance of the pro- Request for visions of their Deed of Settlement, to apply to Her Majesty for charter. Her Royal Charter, the Draft of which I have now the Honor to submit to Your Lordship. I have, &e, HERBERT COMPTON. [Sub-enclosure No. 1.] DRAFT OF CHAETER. Draft of charter VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, fo'" B'[^h Queen, Defender of the Faith and so forth. To all to whom these presents shall e°10mal loan come, Greeting. Whereas by an Indenture, bearing date on or about the company. day of 184 , and made or expressed to be made between the several persons whose names were comprised in the lst Schedule, thereunder written or thereunto annexed, of the one part, and the several persons whose names were com­ prised in the 2d Schedule, thereunder written or thereunto annexed- of the other part, after reciting that the parties thereto were of opinion that considerable profit might be derived by sending money to the Australasian and other Colonies of the British Empire and to New Zealand (now one of 'our Colonies), and lending the same in sueh Colonies or places at interest on the security of Lands, goods, wares or merchandize, and by the other ways and means therein after mentioned, and that, for the purpose of carrying sueh views into effect to the greatest advantage, the several parties thereto had agreed to form a Company in the name and under the conditions hereinafter mentioned, and to raise a Capital of £1,000,000 in 25,000 shares of £40 each, and that the deposit to be paid on each share should be £5, and reciting that a sufficient number of shares, in the opinion of the parties thereto, having been taken or subscribed for, and the said Deposit of £5 on each share, so taken or subscribed for, having been paid, the business of the said Company had commenced on the day of , and reciting that it had been agreed that the intentions of the several parties thereto for conducting and carrying on the said undertaking should be carried into effect by means of the covenants and provisions contained in the Indenture now in recital. It was by the Indenture now in recital witnessed that every of the said several parties thereto of thefirst par t did, for himself respectively and his respective heirs, executors and administrators, covenant, promise and agree with and to the said several parties thereto of the 2d part, and every of the said several persons parties thereto of the second part, did thereby, for himself and herself, and his and her heirs, executors and administrators, covenant, promise and agree with and to the said several persons, parties thereto of the first part and their respective executors, administrators and assigns (amongst other things), That the said several persons, parties thereto, should become and they did thereby declare themselves to be interested together in a Company to be called by the name of " The British Colonial Bank and Loan Company " ; And that the Capital of the Company should consist of £1,000,000 in 25,000 shares of £40 each; and that the objects and business of the said Company should be the sending money to the Australasian and other Colonies of the British Empire and to New Zealand, and carrying on the business of Banking in such 606 HISTORICAL RECORDS OF AUSTRALIA.

1843. Colonies and places, and lending such money in such Colonies and places at interest 31 March. on the security of lands, as well Freehold as Leaseholds, and also the lending such money on the deposit of Deeds or Documents of title, and on the security of Goods, Draft of charter Wares or Merchandize, of persons resident in such Colonies and places, and on the for British personal security of persons resident in such Colonies and places; and also the colonial loan lending money at Interest on the security of Goods, Wares and Merchandize, to be companv imported from and to be exported to such Colonies and places and also taking the v y' care and custody of Goods, Wares and Merchandize, property and securities of persons, residing in such Colonies and places, and the acting as agents for the sale of such Goods, Wares and Merchandize, property and securities, and generally as agents for such persons, and also acting as agents for joint stock and other Banks, established or to be established in such Colonies and places, and also by carrying into effect such other purposes connected with or relating to the said objects, but no others whatsoever, as the Board of Directors of the said Company should decide upon, according to the provisions thereinafter contained; and that there should be 16 Directors of the said Company, the Chairman and Deputy Chairman being included, and no more; and that certain persons therein named should be thefirst Directors ; and that the Board of Directors should take all such steps as they should see proper to obtain a Charter from the Crown for the purpose of incorporating the Company ; and that, when such Charter should have been so obtained, all the Proprietors of the said Company should be bound thereby; and that the Proprietors of the said Company should assemble together once in every year between the tenth of February and the tenth of March, or such day as the Board of Directors might fix; and that an extraordinary General Meeting might be convened in manner therein mentioned; And that an extraordinary general meeting of proprietors specially called for the purpose should at any time have full power to make new laws, regulations and provisions for the better Government of the Company, or to amend, alter or repeal all or any part of the then existing laws, regulations or provisions for regulating the Company, whether contained in the Indenture now in recital or otherwise; Provided that a second extraordinary General meeting should be called specially to confirm the said previous extraordinary General Meeting; and that, until such confirmation, the resolution of such first meeting should not be valid; and that an absolute and entire dissolution of the Company might lawfully take place by and with the consent and approbation of three fourths or more of the Directors for the time being to be testified by some writing, signed by them, and with the consent and approbation of Jth part at least of the votes of the proprietors present in person by proxy, as therein mentioned, at each of two successive general meetings of the proprietors, and each meeting to be for that purpose respectively convened by one calendar month's previous notice to be signified in manner therein mentioned; And also that no proprietor nor the heirs, executors admors. or assignees of any proprietor should, as between him or them and all or any of the other Proprietors, or their respective heirs, executors, administrators or assignees, be in any case or event answerable in respect of any Calls, debts or other demands, of or upon the Company, beyond the amount re­ maining unpaid oi the share or shares of the Capital of the Company in respect of which such proprietor should be or should have been proprietor, unless the calls, debts and other demands of and upon the Company should exceed the funds and property thereof, reckoning as part of such funds and property the amount then remaining unpaid of the several shares of £40 each by the Indenture, now in recital, agreed to be contributed as the Capital of the Company; and, if the calls, debts and other demands of and upon the Company should exceed such funds and property then beyond a rateable proportion of such excess, according to the number of the Shares in respect to which he or she should be, or should have been a Pro­ prietor. And whereas an extraordinary general Meeting of the Proprietors of the said Company was convened, in pursuance of the directions in the said Indenture contained, on or about the day of , and it was then and there resolved by the requisite majority of the said Directors and Proprietors that the said Com­ pany should cease to carry on any business as Bankers, and that they should con­ tinue a Company only for the other purposes in the said Indenture and hereinbefore mentioned, as the objects for which the said Company was formed exclusively of Banking. And Whereas a second extraordinary General Meeting of the Proprietors of the said Company was convened as aforesaid on or about the day of , and, at such last mentioned extraordinary general Meeting, the said Resolution was confirmed. And Whereas, for the better accomplishing and carrying into effect the objects and purposes of the said Company, the present directors of the said Company have humbly besought us to grant to them and to the several other Proprietors of Shares in the Capital of the said Company for the time being Our Royal Charter of Incorporation, which we are minded to do under the conditions and subject to the restrictions, regulations and provisions hereafter contained; Now Know Ye that, as well upon the prayer of the said Directors as also of Our especial Grace, certain knowledge and mere motion, we have given, granted, made, ordained, constituted, declared and appointed, and by these presents, STANLEY TO GIPPS. 607

for Us, Our heirs and successors, Do give, grant, make, ordain, constitute, declare 1843. and appoint that Sir Herbert Oompton, Knight, Robert John Bunyon, Colonel 31 March Sir William Gossitt, Sir Joseph de Courey Lafford, Baronet, Charles Lushington, Sir Francis Stuckburgh, Baronet, William Hoare, James Stewart, John Hewitt and Draft of charter Thomas Reed, together with such and so many other person or persons as have for British already become, or at any time or time hereafter shall or may in the manner pro- Pr.ior,iai -inan vided in the said Indenture become a Proprietor or Proprietors of any share or ™ "„„ shares of or in the Capital for the time being of the said Company, shall be one tomPa"y- body Politic and Corporate, in name and in deed by the name of the " British Colonial Loan Company," and by that name shall and may sue and be sued, implead and be impleaded in all Courts whether of Law or Equity, and shall have perpetual succession with a common Seal, which may by them be altered, varied and changed at their pleasure; and we do declare that the said Corporation is established for the purposes in the said Indenture mentioned, and hereinbefore recited, with the excep­ tion of the business of Banking so discontinued as aforesaid, but subject nevertheless to the conditions, restrictions, regulations and provisions hereinafter contained; And that the business of the said Company so newly incorporated may in all respects be carried on according to the terms and provisions of the said Indenture, except so far as the same may be inconsistent with this Our Royal Charter ; and we do further ordain and declare that the Capital or Joint Stock for the time being of the said- Corporation, and the several shares therein, and- the profits and advan­ tages to be derived therefrom, shall be and be deemed personal estate, and be transmissible accordingly, subject to the regulations contained in the said Indenture. And We do hereby direct that the Directors for the time being of the said Cor­ poration shall have full power and authority to enter into all Contracts on behalf of the Corporation, and to make and execute all Assignments, Conveyances, and all other Acts, to which the Corporate Seal is required to be affixed, and- from time to time to nominate Trustees of any security to be taken for or on behalf of the Cor­ poration, and generally to do and act in all matters and things whatsoever which they shall judge necessary for the well ordering and managing of the said Corporation and the affairs thereof, and to do, enforce, perform and execute all the powers, authorities, provisions and things in relation to the said Corporation, and to bind the said Corporation as if the same were done by the whole Corporation. And we do hereby direct and appoint, and Our will is that it shall be lawful for the Board of Directors of the said Corporation twice in every year, if the state of the Affairs of the said Corporation will in their opinion safely warrant the same, to declare such dividend to and amongst the Proprietors of Shares in the Capital for the time being of the said Corporation for the then preceding Half Year, as shall appear to the said Board of Directors to be proper; but no dividend shall in any case be declared or paid out of the Capital for the time being of the said Cor­ poration or otherwise than out of the net gains and profits of the said Corporation. And We do hereby further will and direct that the Directors of the said Cor­ poration, or their Agents or Officers,-do and shall from time to time appoint in each of the Colonies or places aforesaid in which business shall for the time being have been established and be carried on by the said Corporation, one or more proper person or persons to be the Officer or Officers for making out, preparing and verifying such Accounts and Statements as are hereinafter required to be made out, prepared and verified. And We do further ordain and declare that it shall be lawful for the said Cor­ poration, notwithstanding the Statutes of Mortmain or any other Statutes or Laws to the contrary, to purchase, take, hold, and enjoy to them and their successors, as well in England as in the said Colonies and places, such houses, Offices, buildings, lands and other hereditaments, as shall or may be thought necessary or proper for the purposes of managing, conducting and carrying on the affairs, concerns and busi­ ness of the said Corporation, but not for any other purposes ; and to sell, convey and dispose of the same when not wanted for the purposes of the said Business, Provided always that the yearly value of sueh houses, offices, buildings, lands or other hereditaments at the time when the said Corporation shall enter into pos­ session thereof shall not exceed in the whole the sum of £3,000. And We do further ordain and declare that it shall be lawful for the said Cor­ poration, notwithstanding the Statutes of Mortmain or any other Statutes, or Laws to the contrary, to purchase, take, hold and enjoy to them and their successors in any of the said Colonies and Places, any other lands, tenements, or hereditaments whatsoever, and for any estate whatsoever, provided the same be conveyed to them by way of Mortgage, or on any trust for Sale or otherwise. And We do further will and declare that the said corporation shall not take any conveyance of Land to such Corporation, or to its trustees, of any lands, tenements or hereditaments in such Colonies or Places (except as aforesaid) except by way of mortgage upon trusts for Sale or otherwise; and- that, if on default of payment of the money which shall be thereby secured or the interest thereof or otherwise in due course of Law, the said Corporation, its Trustees or Agents, shall enter into 608 HISTORICAL RECORDS OF AUSTRALIA.

1843. possession or receipt of the rents and profits of any such Lands, tenements or here- 31 March. ditaments, and shall not within one year after such entry into possession or receipt ' have sold and disposed- of or transferred the same, then and in such case the said Draft of charter Corporation or its Trustees shall with all convenient speed, after being thereto for British required by writing under the hand of Our Governor or Lieutenant Governor of the colonial loan Colony or place where such Lands, tenements or hereditaments shall be situate, or of company. any one of Our Principal Secretaries of State, proceed to make Sale thereof, or agree for the transfer thereof, and sell and convey or transfer and assure the same accordingly. And We do hereby grant unto all and every person or persons and bodies, politic or corporate, who are or shall be otherwise competent, our special license and authority to grant, sell, demise, assign, alien and convey in Mortmain unto and to the use of the said Corporation and their successors any such lands, tenements or hereditaments as aforesaid accordingly. And we do further will and appoint that it shall and may be lawful to and for the said Corporation to advance and lend money to any Local Governments in the said Colonies and Places, or any of them, for any purposes whatsoever, or to any Trustees, Commissioners or other persons having the care of making or executing any Public Works in the said Colonies and places, or any of them, at such rate of Interest as may be agreed upon in every such case; and to take and accept from such Governments, or from any such Trustees or Commissioners or other persons, such Assignment, Grant, demise or other security of or upon any public Revenues of the said Colonies and places, or upon any rates, tolls, charges or assessments within the said Colonies or Places, or any of them, or such other security for the repayment of the money to be advanced, and also for the interest thereon, as to the said Corporation shall appear satisfactory, and as far as the same may be authorized by the provisions of the said Indenture of Copartnership or any Bye Law to be made in pursuance thereof, and- which Security or Securities shall be good, valid and effectual for the purposes expressed therein, and shall and may be enforced for the benefit of the said Corporation their successors and assigns. And We do hereby further Will and declare that the several rules, regulations, clauses and agreements, contained in the said Indenture or which may at any time heretofore have been made in pursuance thereof, are and shall be deemed and con­ sidered to be the existing Bye Laws of the said Corporation, save and except in so far as any of them are or may be altered or varied, or may be inconsistent or incom­ patible with or repugnant to any of the provisions of this Our Charter, or any of the Laws or Statutes of Our Realm, or of any of Our Colonies, but subject neverthe­ less to be amended, altered or repealed either wholly or in part, in like manner as the laws, regulations and provisions contained in the said Indenture are thereby authorized and directed- to be amended altered or repealed; but we do hereby expressly declare it to be our Royal Will and Pleasure that no Rule or Bye Law shall, on any account or pretence whatsoever, be made by the said Corporation either under or by virtue of the said Indenture, or under or by virtue of this Our Charter, in opposition to the general scope and true intent and meaning of this Our Charter, or any of the Laws and Statutes of Our Realm or of Our said Colonies; and that, if any such Rule or Bye Law shall be so made, the same shall be absolutely null and void to all intents, effects, constructions or purposes whatsoever. Provided- always that it shall not be lawful for the said Corporation to carry on the Business of a Banker by keeping Cash of or for any person or persons payable on demand, or by borrowing, owing or taking up money on their Bills or Notes, payable on demand or at any less time than 12 Months from the borrowing thereof, for a less sum than £100, or to lend or advance money on the security of shares in the Capital Stock of the said Corporation, nor to hold any shares in its non­ capital Stock except such Shares as shall be forfeited under the provisions contained in the said Indenture, and' which for the time being shall remain unsold, or in any other manner whatsoever to carry on the Business of a Banker. And we further direct and ordain that in every of the said Colonies and Places in which the said Corporation shall lend or advance money under the provisions oi this Our Charter, there shall be kept by some Officer or Agent of the said Cor­ poration, authorized for that purpose, a Register of all the Mortgages and other Con­ veyances or Assurances of land and property within sueh Colony or place to such Corporation or its Trustees, such Register to be kept in such form and' to contain such particulars as the Governor or Lieutenant Governor or any one of Our Justices or Law Officers in such Colony or place, to be appointed by such Governor or Lieu­ tenant Governor in that behalf, shall direct or approve. And We further direct and ordain that the said Corporation shall cause and procure to be transmitted to its principal Office in Great Britain with all convenient speed copies of all sueh Registers and of all entries which shall from time to time be made therein. And we further direct and ordain that the said Corporation shall, on or before the lst day of November in every year, unless prevented by some unavoidable accident and in that case so soon after as practicable, cause to be delivered to Our Lord High Treasurer or the Lords Commissioners of Our Treasury a full and perfect account STANLEY TO GIPPS. 609 of all Sums, which,'on the 31st day of December last preceding such lst day of 1843. November, shall have been owing to the said Corporation on security of Lands and 31 Jiarch. property in such Colonies and places, specifying the several Colonies and places in . which sueh Sums shall be secured and the securities for the same, specifying the r>aft 0f charter extent or number of acres of the Lands comprised in such Securities respectively, for British and also specifying and distinguishing the cases (if any there be) in which the 00lonial loan Corporation or its Agents shall have foreclosed the equity of redemption of any company. property, comprised in such Securities and entered into possession thereof, and the time when such possession was taken in each case, as nearly as the same can be ascertained, and also an account of all other assets of the said Corporation on sueh 31st day of December so far as the same can be ascertained, specifying the amount thereof then remaining in Great Britain. Provided always and We do further will and declare that, in case the said Corporation shall at any time fail, refuse or neglect for the space of 60 days, without reasonable cause for such failure, refusal or neglect, to any principal sum or Sums which shall be due and owing by the said Corporation, and which shall be lawfully demanded at the principal office of the said Corporation in Great Britain, or in case the said Corporation- shall in any one Year at divers times so fail, refuse, or neglect to pay any such principal sums, which shall be so raised and so demanded as aforesaid for several periods of time, each such period being less than the space of 60 days, but such periods in the whole shall, -be equal to or exceed the space of 60 days, or in case the said Cor­ poration shall for the space of two years cease to carry on the business for which they are hereby incorporated, or in case the said Corporation shall not comply with the orders and conditions and directions in these Our Letters Patent contained, or any of them, or in case it shall be made to appear to us on the petition of any five Members of the said Corporation holding at least ten shares in the Capital Stock of the said Corporation that losses have been sustained by the said Corporation equal to one half of the Capital of the said Corporation for the time being paid up, then and in any such case it shall be lawful for Our Lord High Treasurer, or three of the Lords Commissioners of Our Treasury, by writing under his or their hand or hands to be given to some Officer of the said Corporation or left at the Office or principal Office in Great Britain of the said Corporation, and inserted in the London Gazette, to declare that the said- Corporation shall be dissolved ; and, immediately after notice of such declaration as aforesaid, the dealings of the said Corporation shall be forth­ with closed, and the property of the said Corporation shall be converted into money, and the debts due to them collected and got in with all convenient speed, and all monies which shall be so received and all other assets of the Corporation and (if necessary) all Sums then remaining unpaid by the Proprietors of Shares in the said Corporation on account of their shares (which shall be forthwith called for and paid) shall be applied in paying and satisfying the debts and liabilities of the Corporation in due course of Law ; and the surplus, if any, shall be divided among the Proprietors of Shares in the said Corporation according to their respective rights and interests, and it shall not be lawful for the said Corporation after notice of such declaration as aforesaid to lend, or advance or take up any money or do any other act, under the authority of these presents, except for the purpose of the conversion, collection and application of the property, debts and assets of the Cor­ poration in manner aforesaid in matters incident thereto ; and, after such conversion, collection and application, and in the mean time except so far as may be necessary for the purposes aforesaid, all the privileges, powers and authorities by these Oui Letters Patent granted shall, after notice of such declaration, become absolutely void, anything herein contained to the contrary thereof in any wise notwithstanding. And We do for ourselves, our Heirs and Successors, grant and declare that these Our Letters Patent, on the enrollment thereof, shall be in and by all things valid and effectual in the Law according to the true intent and meaning of the same, and shall be recognized as valid and effectual by all our Courts and Judges in Eng­ land, and by the respective Governors for the time being of Our said several Colonies in Australasia, New Zealand and elsewhere, and all other Officers, persons and bodies, Politic or Corporate, whom it doth or shall or may concern. And that the same shall be taken, construed and adjudged in the most favorable and beneficial sense and for the best advantage of the said Corporation, as well in the several Courts of Record in Our several Colonies and Settlements aforesaid as in England or elsewhere, not­ withstanding any non-recital misrecital, uncertainty and imperfection in these Our Letters Patent. And lastly we do hereby require and enjoin the several Governors for the time being of our said several Colonies and Settlements respectively to give full forcSEKe an. dI. effec VOLt .t oXXII— these 2Ou Qr Letters Patent and to be in all things aiding and assisting to the said Corporation and their Successors. In Witness whereof, we have caused these Our Letters to be made patent. Witness, etc. I have settled, and do approve of this Draft. In the absence of specific instructions. I have inserted such clauses as appear necessary, and which were inserted in two former Charters somewhat similar. I have perused the accompanying Deed of Partnership, which appears sufficient, and contains the provisions usually contained in Lin.join tInn Stoc, 2k4 partnershiFeb., 1843p. deeds. jAS^ BELLENDEK KER. HISTORICAL RECORDS OF AUSTRALIA.

!843. [Sub-enclosure No. 2.] 31 March. SYNOPSIS. Synopsis of British Colonial Loan Company. charter The Charter commences with a recital of the Deed of Settlement, under which proposed for the Company have hitherto acted, and by which Deed certain persons formed them- British selves into a Company called the British Colonial Bank and Loan Company with a colonial loan Capital of £1,000,000 and declared the business of such Company to be: company. lst. The sending Money to the Australian and other Colonies of the British Empire and to New Zealand. 2d. Carrying on the business of Banking in such Colonies and places. 3d. Lending such money in such Colonies and places at interest on the security of Lands, as well freehold as Leasehold, and also the lending such money on the deposit of Deeds and Documents of title, and on the security of Goods, wares, or Merchandize of persons resident in such Colonies and places, and on the personal security of persons resident in such Colonies and places, and also the lending money at interest on the security of Goods, wares and Merchandize, property and securities, of persons residing.in such Colonies and places. 4. The acting as Agents for the sale of such Goods, Wares and Merchandize, pro­ perty and Securities generally as Agents for sueh persons. 5. Also acting as Agents for joint stock and other Banks established or to be established in such Colonies or places. 6. For carrying into effect such other purposes, connected with, or relating to the said objects but no others, as the Board of Directors of the said Company should decide upon. It also recites the provisions in the Deed authorising the Directors to apply for a Charter and for limiting the liabilities of the proprietors inter se to contribute to the debts of the Company beyond the amount due on their respective shares. It then recites that two extraordinary general Meetings have been called, at which resolutions were passed for giving up that portion of business of the Company, which consists of Banking, and that the Company should continue only for the purposes after mentioned. (This recital is of course prospective.) The operative part begins with the usual Clause Incorporating the present Directors' nomination and the present and future proprietors under the name of " The British Colonial Loan Company," and declares that the Company is incorporated for all the purposes of the Deed of Settlement, excepting Banking, and that the business of the Company may in all respects be carried on according to the terms and pro­ visions of the said Indenture, except so far as the same may be inconsistent with the present Charter. The shares are declared to be personal Estate. Power is given to the Directors to enter into all Contracts on behalf of the Com­ pany and to perform all acts requiring the Corporate Seal, and to bind the Company; and they are also empowered to declare a half yearly dividend. The Company is authorised to purchase any Messuages or hereditaments for the purposes of their business not exceeding £3,000 per annum, and to take lands to any extent by way of Mortgage or upon trusts for sale but not otherwise; and, in case they enter into possession, are bound to sell upon the requisition of the Gov­ ernor of the Colony. The Company is also authorised to lend money to the Local Government for the purposes of any public works and to take securities for the same. The rules and regulations of Deed of Settlement, so far as they are not incon­ sistent with the laws of the Realm or of the Colonies, are made bye laws of the incorporated Company. An express Clause is inserted declaring that the Company shall not carry on the business of a Banker. A Register of the Securities is directed to be kept in the Colonies. The Charter then empowers the Lord High Treasurer or three of the Lords Com­ missioners to declare the Company dissolved upon the 3 following events;— 1. If the Company shall suspend payment of any principal sum for the space of 60 days or for several periods making an aggregate of 60 days. 2. If the Company shall for two years cease to- carry on the business for which they are incorporated, and shall not comply with the orders and conditions of the Charter. 3. If it shall appear, on the Petition of any 5 Members holding at least 10 shares to her Majesty, that losses have been sustained equal to one half of the paid up Capital, and concludes with the usual Clause as to the inrollment and construction. GIPPS TO STANLEY. 611

[Enclosure No. 2.] 1843. 31 March. UNDER SECRETARY HOPE TO SIR HERBERT COMPTON. Sir, Downing Street, llth March, 1843. I am directed by Lord Stanley to acknowledge the receipt of your Letter, without date, in which, as Chairman of an Associa­ tion termed " the British Colonial Bank and Loan Company," you submit for the consideration of Her Majesty's Government a draft of a proposed Charter for the Incorporation of the Company. In reply, I am directed to acquaint you that Lord Stanley has Refusal to recently received from the Governor of New South Wales a Des- grant charter. patch,* bearing on the question of the effect produced on the in­ terests of that Society by the operation of such Companies as that which you represent, and adverting particularly to that Associa­ tion, and that the effect of that report is such as strongly to dis­ suade his Lordship from advising the Queen to grant the Charter for which you apply. Lord Stanley directs me, however, to add that he will, if you should desire it, call upon the Governor of New South Wales for his opinion on the subject, altho', at the same time, he cannot encourage you to expect a favorable result from such reference. I have, &c, G. W. HOPE. [Enclosure No. 3.] SIR HERBERT COMPTON TO LORD STANLEY. British Colonial Bank and Loan Compy., My Lord, 50 Moorgate Street, London, 22d March, 1843. I have the honor to acknowledge the receipt of a letter dated the llth Instant from Mr. Under Secretary Hope, communicating Your Lordship's reply to my application for a Charter of Incor­ poration for the British Colonial Bank and Loan Company. Although Your Lordship, for the reasons expressed, is at present dissuaded from advising Her Majesty to comply with that applica­ tion on the behalf of the Company, I avail myself of the offer Request for contained in Mr. Hope's Letter, respectfully to request that Your report re Lordship will be pleased to " call on the Governor of New South ^QQ?™ Wales for his opinion of the subject." Confidently trusting that the opinion will not be unfavorable, and that the transactions of the British Colonial Bank and Loan Com­ pany with the Colonists of New South Wales will not be found to differ substantially from those of the Trust Company, which has been incorporated, I will venture to express a hope that Your Lord­ ship will hereafteSIR rGEORG be induceE GIPPdS TtOo LORrecommenD STANLEYd tha. t my former application shall(Despatc be complieh Nod .with 40,. pe r ship Alfred.) I have, &c, My Lord, GovernmenHERBERt HouseT COMPTON, 31st March, Chairman, 1843.. I have had the honor to receive Your Lordship's Circular Despatch Despatch of the 9th Sept., 1842, wherein I was directed to report acknowledged. my opinion as to the propriety of complying with the prayer of a

* Note 51. 612 HISTORICAL RECORDS OF AUSTRALIA.

1843. Petition, which has recently been presented to Her Majesty by 31 March. the Directors of the Union Bank of Australia, praying that a Charter Royal Charter of Incorporation may be granted to that Bank; requested for Union bank. and I have accordingly to report as follows to Tour Lordship:— Banks in There are within the Colony of New South Wales Seven colony. Banks,* that is to say, Six in Sydney and one in Melbourne; and, with the exception of the Bank of Australasia (which has a Eoyal Charter), they are all on the same footing, that is to say, they may all sue and be sued in the name of one of their officers, but they are not Incorporated, neither are holders of Shares in them relieved from responsibility to the full amount of their entire property. Conditions in The Bank of Australasia has a Boyal Charter, dated the 21st charter for bank of May, 1834 (Sth of Wm. IV) by which the responsibility of Share­ Australasia. holders is limited to twice the amount of their shares, that is to say, a Proprietor of each share of £40 is liable to be called upon for a further amount of £40, but not for any larger sum. Objections The Union Bank of Australia, which now prays for a Charter, to charter is therefore at present on a footing, not with the Chartered Bank, proposed for Union bank. but with the other five Colonial Banks; and, as it commenced business after three of those Banks were established, it appears to me that a Charter could not in fairness be granted to it with­ out granting at the same time Charters of Incorporation to all the other Banks, or to such at least of them as might desire to have Charters, unless indeed it be maintained (which I think it will not be) that Capital subscribed in England, in order to be employed in a Colony, is entitled to greater protection than Capital subscribed in the Colony itself. The Union Bank moreover commenced business in the Colony,. and has carried it on for nearly four years without a Charter; the Creditors of the Bank have therefore had up to the present time the full security of the whole property of the entire body of the Shareholders; and I cannot but entertain a doubt, how far it would be just on the part of the Government now to diminish that security. It may, I am aware, be said that conditions may be inserted in a Charter, which will afford a security for the due manage­ ment of the Bank, which could not otherwise be obtained; but the conditions usually inserted in such Charters go, I believe, no further than,first, to compel the Directors to give publicity to the state of their affairs by means of certain Returns periodic­ ally to be made by them to the Government, and secondly, to pre­ vent them from holding landed property or locking up their funds in Mortgages. In respect to Publicity, we already have every­ thing we can desire, since, .by a Local Ordinance (4th Vict.,

* Note 52. GIPPS TO STANLEY. 613 "No. 13), every Bank, whether chartered or not, is required to 1843. make the Returns, of which I enclose a Printed Abstract ;* and, 31 Maroh- in respect to Mortgages, I doubt whether the conditions usually inserted in Charters may not be evaded, and whether even they have not in some instances been evaded by the only Chartered Bank in this Colony. The subject of Banking is one, to which public attention is at Effect of present very painfully directed in this Colony, in consequence of ^management its having recently appeared that the affairs of one of our un- Australia. chartered Banks (the Bank of Australia) have been grossly mis­ managed. Not only have the Directors of this Bank (or at least some of them) made use of the funds of the Bank, that is to say, have discounted their own Bills to an amount that appears almost in- Discounts and credible (one Director alone to the amount of £80,000), but they 1*1™°™ hy have also advanced, or engaged to advance, to one Firm carrying Australia. on business in Sydney, and principally on landed security, a sum little if at all short of the whole paid up Capital of the Bank. Owing however to the principle of unrestricted responsibility, the Bank is not Insolvent, nor will any Creditor of it lose a shill­ ing, though the Shareholders must naturally suffer, and through them the public in general. There is yet another aspect, under which the subject of un- Problem of limited responsibility ought perhaps to be viewed. liabflit^of It may be said that it is desirable to encourage the employ- shareholders. ment of British Capital in the Colonies, and that Capitalists will not send their money for investment in Banking concerns in New South Wales, unless they be protected from unlimited re­ sponsibility. In the present case however, the Capital has been sent; the object of the Charter, now asked for, is not to induce people to send us their money, but to guarantee persons, who have sent their money to New South Wales, against consequences to which they ought to have looked before they sent it. If at the present moment we were in want of Banking Capital, or if Trade were shackled by the difficulty of obtaining Discounts, and the question were one of establishing a New Bank, I should perhaps report differently to Your Lordship; but, in­ stead of any want of Banking Capital, we have, and even had Capital before the establishment of the Union Bank, a redundancy of it; ?mPloye

1843. For these reasons, I therefore feel that I can scarcely recom­ 31 March. mend to Her Majesty's Government the issue of a Royal Charter Recommenda­ of Incorporation to the Union Bank of Australia, though, at the tion against charter for same time, I must beg very explicitly to disclaim the intention of Union bank. throwing the smallest discredit on the Bank itself. I have, &c, GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 41, per ship Alfred.) My Lord, Government House, 31st March, 1843r Transmission Almost at the moment of closing my Despatches for the of petition ship "Alfred," I have received the accompanying Petition from from J. Ross. Mr. Ross (the Partner of Mr. Dunlop) praying that the Judg­ ment, which has been obtained against him on his Bond for £6,000, may not be put in execution. Having in my Despatch No. 39 of the 29th instt., reported on - a similar Petition from Mr. Dunlop, it seems to me only neces­ Probable sary to add that, as Mr. Ross is I believe not able to pay the imprisonment' amount of the Judgment against him, he will probably (as well of J. Ross. as another party, Mr. Metcalf) be thrown into Prison; and that, though I think a striking example is required in both cases, it is not my intention that their imprisonment shall be unmercifully protracted. I have, -&c, GEO. GIPPS. [Enclosure.] Petition PETITION to the Right Honourable the Lords Commissioners of of J. Ross Her Majesty's Treasury, London. praying remis­ sion of penalty May it please your Lordships, imposed by The humble petition of John Ross, Merchant, residing in supreme court, Sydney in the Colony of New South Wales, Sheweth, That judgement has been obtained in the Supreme Court of this Colony against your Lordships' Petitioner on the part of the Crown for Six Thousand pounds for the breach of a Customs Ex­ port Bond; and, on your Petitioner applying to His Excellency the Governor of this Colony.for remission or mitigation of this severe sentence, on the ground that the parties who had been guilty of this attempt to defraud the Revenue had been pointed out to His Excel­ lency, your Petitioner was informed that the utmost rigour of the Law would be enforced against your Petitioner and the other Sureties on the Bond, as a warning to put a Stop to the extensive smuggling, whieh has for some time past been going on in these Colonies owing to the exorbitant duties enacted on Spirits and Tobacco. Your Petitioner would most humbly bring before your Lord­ ships' notice, that your Petitioner is not accused or convicted of having smuggled. That, had your Petitioner intended to have com­ mitted this fraud, he would not himself have signed a Bond for so large an amount, nor have procured Sureties on the same Bond of STANLEY TO GIPPS. 615 such respectability as those who have unfortunately with your 1843. Petitioner.been convicted on the same, when Bondsmen of no char- 31-March. acter or Standing are so easily procurable. That your Petitioner at e the time of entering these Spirits for export being about to seperate of j ^"ss from his late Partner, Robert Glasgow Dunlop, left Mr. Dunlop in praying remis- sole management of the Business, and that your Petitioner was not sion of penalty p aware of the sale which his Partner had effected of these Spirits ™ r°e^ ^urt. until after their Seizure. Your Petitioner would further humbly submit to your Lordships' consideration, that the expenses your Petitioner has already in­ curred in this prosecution on the part of the Crown has amounted to upwards of Eight Hundred pounds; that your Petitioner's credit is entirely destroyed; and that he has been, and is prevented from entering into any new Business and is liable at any moment to be incarcerated in Prison, not having it in his power to pay a tenth of the penalty. That, if your Petitioner is to be punished for being so incautious as to sign this Bond, that his punishment as above detailed has already been more than sufficient; and your Peti­ tioner would therefore humbly pray that your Lordships would take into your Lordships' most favorable consideration the hard­ ship of your Petitioner's case and either remit the penalty alto­ gether, or impose such a fine as your Petitioner may be enabled to pay without entire ruin. And your Petitioner as in duty bound will ever pray, etc. Dated in Sydney in the Colony of New South Wales, this Twenty ninth day of March, in the year of our Lord one thousand eight hundred LORD STANLEY TO SIR GEORGE GIPPS. and forty three-. JOHN ROSS. (Despatch No. 48, received via Port Phillip; acknowledged by Sir George Gipps, 27th September, 1843.) Sir, Downing Street, lst April, 1843. l April. I have received your Despatch, No. 157 of the 5th of Sep- Despatch tember last, with the Memorial therein enclosed from Mr. acknowledged. Heneage Finch, formerly a Member of the Survey Department in New South Wales. Without the Correspondence referred to in Mr. Finch's Me- inability c e rhorial, it is impossible for me to arrive at any clear opinion on \°e £fa ?£ s the merits of the representation. As I understand the case, of H. Finch. no Inclosures accompanied the Letter which Mr. Finch addressed to you transmitting his Memorial; but he desired to have Copies made of the Documents, which he specified, and which were in the office of the Colonial Secretary, forming the original Corre­ spondence with Mr. Finch. If that is the case, it appears to me that you were justified in refusing to direct the preparation of the Documents, or such of them as Mr. Finch had the means of supplying. You will inform that Gentleman that it is not in my power to form any opinion favorable to his claims on the documents now before me. I am, &c, STANLEY. 616 HISTORICAL RECORDS OF AUSTRALIA.

1843. SIR GEORGE GIPPS TO LORD STANLEY. 1 April. (Despatch No. 42, per ship Royal George; acknowledged by lord Stanley, 20th August, 1843.) My Lord, Government House, lst April, 1843. Transmission At the request of Captn. Maconochie, I have the honor of report from to transmit to Your Lordship a Report of his proceedings and A. Maconochie. observations on Convict Management during the year 1842, being in continuation of the Reports which were severally transmitted with my Despatches of the 1st May, 1841, No. 104, and 26th May, 1842, No. 96. Criticism This Report is as remarkable as any that have preceded it, of report. for the absence of that conciseness and compression of thought, which are usually held to be requisite in official correspondence; it nevertheless contains many observations, and still more specu­ lations on the management of Prisoners, which may be well worthy of consideration, even though the chief object of Captn. Maconochie's theory be not admitted, namely, that the aim of all punishment should be reform only, and not example. Report The document, though dated on the 10th Jany., came into my received at hands only on my arrival at Norfolk Island on the llth ulto.; Norfolk island. but I could not have received it at a more opportune moment. In my report on Norfolk Island, contained in my Despatch of this day's date, No. 43, I have made occasional reference to it; and to what I have therein stated, I would beg leave to add the fol­ lowing observations:— Complaint by Among the four causes, which are said in Paragraph 9 to have A. Maconochie operated against Captn. Maconochie at Norfolk Island, one is re non-removal of convicts. stated to be that very many of the recommendations were un­ attended to, which he made for the removal to Sydney of well conducted men from among the doubly convicted, under the Act of Council 2nd Vict., No. 1. In justice to myself, I feel it neces­ sary to state, that the cause of his recommendations not being complied with simply was his persisting in making them most profusely, notwithstanding the frequent warnings he received, that they could not be attended to. I may further add that it is apparent by Paragraph 11 that Captn. Maconochie has never rightly comprehended tbe true meaning or object of that Act. Corporal From Paragraph 15', it appears that, though he still disapproves punishments at of Corporal Punishments, his experience has forced him to resort Norfolk island. to them much more frequently than he did atfirst, an d generally to adopt a severer system of management. Conduct In Paragraphs 16 to 24 are some interesting observations on of convicts the conduct, whilst in Prison, of the men who had been engaged pending trial for piracy. in the piratical attempt to seize the Brig " Governor Phillip,"' and for which five of them were subsequently executed in Sydney. GIPPS TO STANLEY. 617

It is to be remarked, however, that these men never entertained, 1813- J Arril from the moment they were taken, the slightest hope of mercy; and it is well known that persons in such circumstances are far more likely to become sincerely penitent, than when a chance of escape is presented to their minds. From these Paragraphs, it also appears that Captn. Maconochie does not altogether disapprove of Capital Punishments. Paragraph 27 shews that Captn. Maconochie has also of late Methods of resorted to the use of Irons as a punishment; and Paragraph 28 ' aconoc that the attempt to produce effects by striking Acts of clemency or forgiveness will fail if not made very cautiously or sparingly. Paragraphs from 30 -to 34 relate to the issue of Tickets of Leave, on which subject I have also reported in my Despatch, No. 43 of this day's date. I have, &c, GEO. GIPPS. [Enclosure.] [A copy of this report will be found in a volume in series III.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 43, per ship Royal George; acknowledged by lord Stanley, 29th August, 1843.) My Lord, Government House, lst April, 1843. Agreeably to the intention expressed in my Despatch of visit of • the 23rd Feby. last, No. 33, I embarked in Her Majesty's Ship l^kSSii " Hazard " on the evening of the 27th Feby., and reached Norfolk Island on the llth ulto. I passed six days on the Island, re- embarked on the 17th and relanded at Sydney on the 24th, thus having been absent from the Seat of Government 25 days. 2. Notwithstanding that my arrival at Norfolk Island was alto­ gether unexpected, I found good order everywhere to prevail, and the demeanour of the Prisoners to be respectful and quiet; the first impression produced on me was therefore a favorable one; during my stay on the Island, I visited every part of it, minutely inspections by inspected every Establishment (almost every house) and separ- Sir G. Gipps. ately questioned or examined every person having any -charge or authority however small, taking down in writing the substance of what each individual stated to me, whilst he was yet present, though I did not think it right to administer to anyone an Oath. 3. In reporting the conclusions at which I arrived, it will be Classes of necessary to speak separately of the Experimental and of the convlc Penal Prisoners, or as they are generally denominated, the " New " and the " old Hands "; andfirst o f the " New Hands." 4. The " New Hands," or Experimental Prisoners, were sent to Norfolk Island in the beginning of the year 1840 for the 618 HISTORICAL RECORDS OF AUSTRALIA.

1843. purpose of being placed under the peculiar system of discipline, 1 April. which had been recommended by Captn. Maconochie; they were ''Experimental not picked men, but Convicts such as are transported under or­ prisoners.'' dinary circumstances from the United Kingdom. They consisted of Prisoners by the ship " Nautilus," landed at Norfolk Island on the 4th March, 1840.. 178 " Augusta Jessie," 27th March, 1840 123 " Woodbridge," Do 80 " Mangles," 18th May, 1840 236

617 And to them were added at various "times a number of Prisoners, who, having arrived in New South Wales after it had ceased to be a Penal Colony, could not legally be detained there ...... 62

Making in all 679 and as the Establishment consists at present of only . . 593-

There has been a decrease of . . . . 86 Which decrease is to be thus accounted for— Sent to Sydney insane...... 1 Escaped from the Island ...... 6 Removed to Van Diemen's Land, in consequence of misbehaviour ...... 4 Died 75

86 The Mortality therefore among them has been nearly one in every nine in the course of less than three years, an amount which must be considered unusually large even among Convicts; and, though this mortality is not chargeable on anything peculiar to Captn. Maconochie's system of management, it is too remark­ able a fact to be passed over in silence; and it moreover goes in part to account for the very anxious desire, which is felt by the whole body of Prisoners to be removed from the Island. 5. The only definite reason, which can be assigned for the exist­ ence during, the last three years of a greater degree of sickness and mortality among the " New Hands " than among the " Old " or Penal Prisoners is that, at the time of their arrival, Dysentery, though in a mild form, prevailed among the " Old Hands "; that from the " Old " it passed to the " New " before the latter had be­ come accustomed either to the Climate or the Diet of the Island; and that it subsequently became chronic among them. GIPPS TO STANLEY. 619

The Diet or Ration, furnished by Government to Prisoners 1843. (of all classes) at Norfolk Island, is Maize Meal and Salt Meat. * Aprl1, Vegetables they raise for themselves; and the Island supplies Dietary at them all the year round with Lemons, which act as a powerful Norfolk island' antiscorbutic. Guavas too (a very wholesome fruit) are to be had in such profusion during two months in the year, that no Prisoner need be without them; but fresh Meat they get only twice or thrice in a year; and Wheaten Bread, they never taste. On the whole I would say that the Diet of Prisoners on Norfolk Island is generally as good or even better, than what Prisoners receive in Government Service (not in Assigned Service) in New South Wales, though at the same time I would not dispute the accuracy of the opinion, entertained by Captn. Maconochie and Cause suggested the Medical Officers of the Island, that the deprivation of oi^entery* Wheaten Bread on their arrival might, have been the primary cause of the malignity with which the disease fixed itself among . them. 6. It will not be surprising, after what I have stated, if I add Comparison of that, at the time of my visit, the general appearance of the Eng- andP'e,pena?"ar' lish Prisoners was less robust or healthy than that of the Penal convicts. ones. Nor was this inferiority in physical appearance compen­ sated, as it might perhaps have been expected to be, by any marked superiority in those manifestations of the countenance, which spring from the actions of the Mind. Among the Prisoners generally at Norfolk Island, there was less perhaps of that gloom which is to be seen in the Ironed Gangs of New South Wales; but, between the " old" and the "New Hands" on the Island, the difference was scarcely perceptible. The " New Hands " appeared nearly as anxious as the " Old " Desire of to get off the Island; and when I explained to them that, owing removal from to the scarcity of employment in Van Diemen's Land, their Norfolk island. condition probably would not be improved by being removed to it, they replied, " perhaps not"; but that, having acquired the number of Marks, which they had looked on as the price of their removal, they wished to get away from the place where they had seen so many of their comrades die; that they would rather go to New South Wales than to Van Diemen's Land; but that they would go anywhere rather than remain at Norfolk Island. 7. The whole number of English Prisoners, or " New Hands," is as already stated 593; of them, 509 hold Island Tickets of Number of Leave, and 84 are without that indulgence, though there are some tieketso f leave. among these latter, who have held Tickets and forfeited them for misconduct.*

* Marginal note.—Captn. Maconochie says in his last report that 40 men forfeited their Tickets; but that, of the 40, 17 have recovered them. 620 HISTORICAL RECORDS OF AUSTRALIA.

1843. In my Despatch of the 15th Augt., 1842, No. 144, I detailed 1 April. to Your Lordship the system on which Captn. Maconochie, System of marks according to the last reports then received from him, proposed proposed by A. Maconochie to place his Ticket of Leave Holders, which system however I for holders of found on my arrival on the Island had not been adopted. Accord­ tickets of leave. ing to the system detailed in my Despatch of the 15th Augt., each Ticket Holder was to receive 11 Marks a day, whether he worked for the Government or not; and, if he worked (that is to say, did an ordinary day's work) for the Government, he was to receive 25 more marks, making in all 36. He was to receive no Ration from the Government, but was to be allowed to purchase any quantities he might desire of Stores or Provisions from the Commissariat, at certain prices, paying for them in Marks, which were to be reckoned as pence; and Captn. Maconochie pro­ posed that any surplus or unexpended Marks, which he might have, should be redeemed by the Government in cash at the rate of ld. per Mark before he was removed from the Island. It was this scheme which led me to coincide with the Commis­ sariat Officers (Mr. Miller and Mr. Smith) in the opinion that the expences of the Island would thenceforward be greatly in­ creased; and it was the apprehension of this increased expence, which principally led me to adopt the resolution of sending them as quickly as I could to Van Diemen's Land, though other rea­ sons concurred in making me think it expedient to do so, which are detailed in various Despatches written in the course of the month of August last. 8. On my arrival at Norfolk Island, I became aware (but not 'till then) that Captn. Maconochie (alarmed I presume at the prospect which had been pointed out to him of increased expence) had not put in force the system which he proposed, but had adopted the following (which is by himself described in Para­ graph 30 of the Report which accompanies my Despatch of this day's date, No. 42). System for Every Ticket of Leave Holder is made to do a day's work for holders of the Government; and each receives as before a ration, and, in tickets of leave initiated by addition to it, a number of Marks which varies from 22 to 30, A. Maconoehie. according to the nature of the work performed or duty done. In this respect therefore, they are nearly if not exactly in the same position, as before they received their Tickets of Leave, the difference merely being that, after the performance of their day's work or task, they have now greater facilities afforded to them, than they formerly had, for employing themselves for their own advantage; and that more of them are allowed to live out of Barracks; some of them moreover being placed on Farms on a principle hereafter to be explained. GIPPS TO STANLEY. 621

1843 The portions of his former plan, which would (at least as I ; apprehended) have been attended with expence to the Govern- _E11' ment, have been abandoned, namely,first, tha t portion of it which Proposals would have allowed the men to procure from the Government, to ^ Maconochie. an almost indefinite amount, Tea, Sugar, Tobacco, Flour, Cloth­ ing, etca., in exchange for Marks, and secondly, the part of it, which went to promise to them the redemption (or purchase) of their surplus marks by the Government at the rate of ld. each. These alterations have removed the apprehension of any direct Effect of increase in the cost of maintaining the Ticket of Leave men; alteratlons- and I am happy to say that, with the exception of the issue of Pigs (which was noticed in my Despatch of the 15th Augt., 1842, No. 144) no direct expence (none at any rate worthy of con­ sideration) has been incurred on account of the Ticket of Leave Holders, beyond that which must have been incurred, had they remained in the condition of ordinary Convicts on the Island. Captn. Maconochie maintains even that a saving has resulted from their holding Tickets, and perhaps he is right. Whether an indirect expence to the Government may not have been occa­ sioned by the loss of Crops, or the waste of Government ma­ terials, is a point on which much may be and indeed has been said; but whereon it would be very difficult to arrive at any definite conclusion. In respect to Ticket of Leave Holders, however, it is essential Expenditure to remark that they ought to cost the Government nothing, tjj.^fo^eave. whereas, even on their present footing, they cost as much as other Convicts. When Ifirst sanctioned the issue of Tickets of Leave at Nor- instructions folk Island, it was plainly stated to Captn. Maconochie that the ^intenance Holders of them ought entirely to maintain themselves. It by holders of might have been difficult or even impossible to make them do tickets of leave. so; but the principle, so clearly laid down, should scarcely have been overlooked or passed by, as it has been by Captn. Macono­ chie, without notice. Of the 509 Ticket of Leave Holders, all have acquired the Marks earned number of marks,fixed b y Captn. Maconochie as the price of J7,h°lde".of -, . m. , , • f „ r.r.r. , r, r, n n 1 1 • tickets OI lCSVe. their Ticket (varying from 6,000 to 8,000 each, according to their sentences); and they have acquired surplus marks, to the amount on the average of 2,500 each, or collectively about 1,270,000. To redeem these at the rate of ld. each would take upwards of £5,300; and though an additional charge were made, as the price of an exchange of an Island Ticket for a Ticket in Van Diemen's Land, it might be objected that such a charge would of itself involve a breach of faith, inasmuch as the inten­ tion of making it was never explained to the men, until after 622 HISTORICAL RECORDS OF AUSTRALIA.

1843. they had obtained the number fixed (as they thought) for their 1 April. freedom; nor would such a charge, even if made, relieve the Problems Government entirely from the obligation (supposing such obli­ created by system of gation to exist) of redeeming a portion of their Marks in money; marks. for though, as already stated, 2,500 is the average number of surplus marks now standing to the credit of each Ticket Holder, there are individuals, who have as many as 5, 6, 7 or 8,000; and a man named Elliott (a Millwright) has upwards of 9,000 surplus Marks, and these numbers moreover are every day in­ creasing. Supposing the charge to be made against Elliott of 3,000 marks,* for the exchange of his Ticket from Norfolk Island to Van Diemen's Land, there would still remain upwards of 6,000 to be redeemed at ld. each, or, in other words, the Gov­ ernment would have to pay to Elliott the sum of 6,000 pence or £25. To a man having 5,000 surplus marks, a sum nearly equal to £22, to one having 4,000 surplus marks, £17 and so on. It would be useless however to pursue this subject, as the men seem to have made up their minds that the marks will be of little avail to them, except perhaps in determining which shall first be removed to- Van Diemen's Land, supposing it either to be impossible or not desirable to remove them all at once. Degree of 10. I now come to the most important part of my subject, but moral improve­ the one on which it is most difficult to speak with any degree ment amongst "experimental" of certainty, and indeed on which, whatever I may say, can convicts. scarcely amount to more than conjecture. I mean the degree of moral improvement which these men have received during their three years' residence at Norfolk Island, and the way in which they may be expected to behave when restored to Society. That there are many good men among them, and men who may be expected to behave well in Van Diemen's Land cannot be doubted; but whether they will, when removed from Norfolk Island, behave better than an equal number of men taken pro­ miscuously from the Convict Population of New South Wales, better, that is to say, than, if instead of having been placed at Norfolk Island, they had gone through the ordinary course of Convict Discipline in New South Wales, is the point on which I cannot pronounce any decided opinion. Having been treated more mildly, fewer of them have probably become hardened in iniquity; but, on the other hand, not having acquired a know­ ledge of the nature of the Society with which they will have to mix, of the duties which will be expected of them, or even of the kind of labour they will have to perform, they will be so much the more likely to fall into irregularities of life. They will

* Marginal note.—Captn. Maconochie proposed a charge of 5,000; but this was for perfect freedom in Van Diemen's Land, not for a Ticket of Leave. GIPPS TO STANLEY. 623 moreover in Van Diemen's Land be placed in the midst of an un- 184S_. friendly, not to say a hostile population; for in Van Diemen's p"' Land no less than in New South Wales, public opinion has been Problems on very strongly pronounced against the system of management to conviCtsto which they have been subjected. In Van Diemen's Land, they Tasmania. may have considerable difficulty in finding employment, for labour is not so much in demand there as in any of the neigh­ bouring Colonies; they may not be able to obtain the wages they expect, and, under the disappointment which they are likely to meet with and the loss of the punctual subsistence which they have been accustomed to rely on, whether they may not return to their evil ways, is doubtful to say the least. 11. And though these men have not been exposed to that severity (or rather to the chances of that severity) which often brutalizes a man in New South Wales, where a Convict's life is one of extreme chances, yet they have become in Norfolk Island familiarized at least with one detestable Crime, before unknown Unnatural to them, and addicted (especially of late) to one very demoraliz- "ambling1^ ing Vice—the Vice is that of Gambling, the Crime the one most repugnant to human nature. The practice of unnatural offences is said, and probably with reason, to have been learned by them of the "Old Hands" or doubly convicted Prisoners; but whether this be the case or not, it seems admitted by all persons on the Island that the offence is now far more common among the " New hands " than the " Old." I endeavoured (especially from the Medical Officers and Clergy­ men) to obtain some information, tending to fix the proportion among the " New hands " of the tainted to that of the untainted with this crime; and, though on such a point scarcely more than conjecture can be offered, I found opinions to vary from one eighth to one twentieth of the whole, that is to say, the lowest estimate supposed one man in twenty, the highest, one man in eight, to be or to have been in a greater or less degree guilty of this crime. In every instance where the offence has been legally or satis- punishment factorily proved, it has been punished by the infliction of the unnatural ° Lash.* In the Hospital, one man at least died in consequence offences. of the commission of the crime; and other instances are recorded of loathsome disease engendered by it. The Crime is said to pre­ vail almost exclusively among the Prisoners of English birth; of Scotch there are very few on the Island; and the Irish are (to their honor) generally acknowledged to be untainted with it.

* Marginal note.—In the Returns appended to Captn. Maconochie's report for 1842, r.o punishments are recorded expressly for this Crime; but they are probably in­ cluded under other heads, such as Indency, Bestiality, etca. 624 HISTORICAL RECORDS OF AUSTRALIA.

1843. 12. The Vice of Gambling, which I have mentioned as now pre­ 1 April. vailing among the " New Hands," may perhaps be accounted for Prevalence of in a great measure by the peculiarity of their position. So long gambling; as the idea prevailed among them that they would get their freedom as soon as they had acquired the number of marks appor­ tioned to each by Captn. Maconochie, every man had a definite object before him; his mind wasfixed on the acquisition of this object, and consequently did not stand in need of other excite­ ment; but when the acquisition of marks ceased to be an object worthy their consideration, and at or about the same time (by the distribution of Pigs and other means), articles of value, as well as money, began to circulate among them, the passion for and of Gambling arose, and is now greatly prevalent. Thieving from thieving. each other also prevails, though, from what I heard, I should say scarcely to such a degree as among Convicts in general. On this head, however, it was remarked to me, nearly by every person with whom I conversed, that those, who had been Thieves, re­ mained Thieves, and would be Thieves wherever they might go, an important admission (if true) of the little reformation which has taken place or is to be expected in them. Common Thieves and Pickpockets are considered at Norfolk Island, as elsewhere, the least reclaimable of Convicts. Farms allotted 13. When Tickets of Leave were first issued, in March or t?cketseorfSieave. April, 1842, small Farms were laid out of from six to ten acres each, and given to Parties of Ticket Holders, consisting gener­ ally of five or six persons; and the experiment has certainly been attended with considerable success; indeed Captn. Macono­ chie considers the success of it to have been complete. There are now 27 of these Farms, but the number of men living on them is reduced to 78, the reduction having been caused partly by the forfeiture of some of the Men of their Tickets, partly by the expulsion of some by their comrades or partners, and partly also by sickness. On each farm, a Hut or Cottage has been erected; and of these Huts, many are neat and creditable. The farms were so laid out that each of them contained a portion of cleared, and a portion of uncleared land. For each acre which they might cultivate of cleared land, the holders were to pay a rent per annum of eleven Bushels of Maize,* but uncleared land brought into cultivation was to be free of rent for thefirst year . In addition to Maize, the chief article cultivated by them is the Sweet Potato; but common Potatos, as well as Cabbages and Tobacco, are raised. Sweet Potatos are the most useful article they produce, as, mixed with Maize Meal, they make a very

* Marginal note.—This is the amount stated to me on the spot; but, in Captn. Maconochie's report, it is said to be 12 bushels, or one third of the average crop per acre of Maize raised on Government land. GIPPS TO STANLEY. 625 palatable kind of Bread, and Pigs, Poultry, and indeed all 1843. animals feed and fatten on them. x Aprl1' The Maize Harvest was commencing at the time of my visit; and it was expected that, on the 27 farms collectively, about 1,500 bushels would be gathered; of these, somewhat more than 600 would be required to pay their rent; and two thirds of the remainder, I agreed (on Captn. Maconochie's earnest request) to Purchase purchase for the Government at 2s. per bushel, as, for want of a o£maize- Market, they were selling it at 8d. only. The established price on the Island has been for many years 2s. 6d. per bushel; and, during the last two or three years, its value in Sydney has fluctuated between 3s. and 6s. 14. Among the objections urged by the Officers of the Commis- Expected sariat to the issue of Tickets of Leave on the Island, one of the depredations -i. li-i-i- ni -.Dy convicts o most prominent was that it would lead to increase the depreda- e0vernment tions, which have been, and always must in a greater or lesscr °Ps- degree, be committed by the Convicts on the Government Crops. So long as Convicts were prohibited from raising produce of their own, they could not legally be in possession of any, - and consequently the mere possession of an article such as Maize was punishable; but, by legalizing the possession of it, and allowing the Prisoners at the same time to have Pigs and Poultry, it was contended that the inducement to steal would be greatly aug­ mented, whilst the facility of detection would be decreased. From the statements made to me on the spot by persons best qualified to give an opinion on this subject, I should say that the anticipated evil has not yet been felt, fewer depredations having, according to their statements, been committed of late on the Government Crops than in preceding years; but the grounds for the apprehension are nevertheless not removed, for, during the present harvest, Maize has among the Ticket Holders been at so low a price (8d. a bushel as already stated) that the inducements to steal it must have been very small; and, more­ over from the constant expectation in which the men had lived of being removed to Van Diemen's Land, they have reared less^of Live Stock than they otherwise would have done. For the same reason, they have got rid of nearly all the Pigs which were issued to them in exchange for Marks by Captn. Maconochie. I saw pigs at only two of the farms which I visited; but Fowls were in greater abundance there, being at one Hut 100, and at an­ other 60. 15. Having thus, to the best of my power, described the actual condition of the " New hands" or Experimental Prisoners at Norfolk Island, it becomes my duty to remark that, whether their condition be better or worse than that of ordinary Convicts, SER. I. VOL. XXII—2 R 626 HISTORICAL RECORDS OF AUSTRALIA.

1843. the difference cannot be ascribed to the operation of that peculiar 1 April. management of Convicts, which Captn. Maconochie has advo­ Reasons for cated and described, under the name of the " Social System," failure to test "social system' for that system has certainly never been tried on them. Captain for convict Maconochie desires very anxiously that I should certify that management. his system has not had a fair trial; but I go further than this, and am willing to certify that his system, that is to say, the system described in his printed publications,* has never been tried at all. Before I visited Norfolk Island, doubts had frequently occurred to me of Captn. Maconochie's ability to carry into effect his own theory; the indulgent portion of it seemed to him indeed to be easy and natural; but, from many -peculiarities of his dis­ position and habits of thought which fell under my notice, his sanguine and hasty conclusions, his anxiety to produce early and striking effects, his almost total disbelief in the propensity of man to crime, his great desire to avoid inflicting punishment, and his especial dislike of what he calls vindictive punishments, I was led to fear, almost at the commencement of his experiments, that he would not carry into effect the sterner parts of his own system, which are nevertheless the foundation of the whole. Nothing is more clearly laid down by Captn. Maconochie than that punishment should precede probation; that, before the Pri­ soners under his system should be distributed into Social parties on the principle of mutual responsibility, they should go through a period of severe, though not vindictive punishment; but, no sooner had Captn. Maconochie obtained the management of Pri­ soners at Norfolk Island, than he entered with them at once on the second part of his own system, overlooking altogether the first stage of it; and this was the more remarkable, as it was no less contrary to the express directions of Her Majesty's Govern­ ment, contained in Lord Normanby's Despatch of the llth May, 1839, No. 46, than contrary to his own system. Failure of The only part of Captn. Maconochie's system, which has been principle tried at Norfolk Island, is that of mutual responsibility, or the of mutual responsibility. plan of making all the men in the same party, six or eight in number, mutually responsible for each other's conduct, and this part, according to his own acknowledgment, failed.f The reason assigned by him for the failure is that they had not previously suffered together, that they had not become acquainted with each other and formed friendships (where dur­ able friendships are perhaps most steadily formed) in adversity. But, even allowing this to be the case, it only amounts to saying that the second portion of his system failed, because he omitted

-•Note 54. t Marginal note.—This acknowledgement is contained in the 8th Paragraph of his report, dated the 10th January, 1843, and was still more explicitly made to me by himself. GIPPS TO STANLEY. 627 the first. He had not indeed at Norfolk Island the power of 1843. • enforcing thefirst portion of his system, or the punitory part 1 Aprl1, of it, precisely in the manner, which in his Book he says it ought First stage to be enforced, that is to say, in separate confinement; but this omittedby was scarcely a reason for omitting the punitory part of it alto- A. Maconoehie. gether, especially as there would have been little difficulty in sub­ stituting for it something, by which the principle of his system might have been seized; and " if its principles are seized, I would not," Captn. Maconochie has himself said, " be solicitous in any of the stages, about the perfection of the apparatus by which they are worked out."* Norfolk Island was a place, in which some substitute for the peculiar kind of punishment, he approved, would more easily have been found than almost in any other spot; and, by the adoption of any such substitute, time would have been gained for considering or enquiring how the Men under his manage­ ment were ultimately to be disposed of; but, by putting his men premature immediately on the system of marks, and by making to them a iss™ °* most lavish issue of marks, he caused the period to arrive, at A. Maconochie. which, according to the expectations held out to them, the Pri­ soners ought to have become free, before any preparation had been made for disposing of them when free. Within a year, or very little more after their arrival at Norfolk Island, some men had acquired the Number of Marks which ought to have made them free; they had, up to this time, worked and behaved well, as it was only natural to suppose they would under the stimulus which the Marks afforded; but when, after they had acquired their full number of Marks, and they found that they nevertheless were not removed from the Island, the stimulus no longer existed, and Marks gradually came by them to be considered as valueless. Not only had no provision been made for removing them from the Island, and placing them in an easier or comparatively in a free state, but the Law stood absolutely opposed to the making of any such provision; so long as the 2nd and 3rd Wm. IV, C. 62, remained unrepealed, it was absolutely illegal for any authority in this hemisphere to grant the men any greater indulgence than what they already enjoyed at Norfolk Island, and that Statute remains unrepealed even to the present day. Capn. Maconochie has always maintained, and maintains inability to stronger than ever in his latest report, dated the 10th Jany. last, ^"J8 that, in order to a full trial of his experiment, his marks ought proposed by _ to bear a definite value, and so undoubtedly they ought; but it is A' Macolloclue' out of the power of the Governor or any Colonial Authority to give them a value inconsistent with the terms of the Statute

* Marginal note.—General views of the Social System, Printed at Hobart Town in 1839, Page 19. 628 HISTORICAL RECORDS OF AUSTRALIA.

1843. above referred to; and to affix a value to them, consistently with pri' the periods of servitude prescribed by the 2nd Clause of that Statute, would be in no way satisfactory to Captn. Maconochie, indeed it would be to render his system altogether nugatory. Opinions re jg_ Of the efficacy of the system of Marks, supposing them to system of have, as they doubtless should have, a definite value, I may not marks. entertain so high an opinion as Captn. Maconochie; but I never­ theless consider that Marks may be made very useful in the Management of Convicts. One objection to them, however, is that there is a strong tendency to make a lavish use of them; and doubtless (for he confesses it himself) a lavish use of them has been made by Captn. Maconochie. If a Convict under a sentence of transportation for Life can have the prospect opened to him of becoming free at the end of one or two years by the acquisition of Marks, he will doubt­ less desire and strongly exert himself to acquire them; but so he would, if instead of Marks, he had to acquire anything else, which would produce to him the same effect. Marks, to produce their full effect, should be distributed daily, and vary in number according to a man's daily conduct and to the quantity of work performed by him; but, in such case, the distribution of them must in a large establishment be entrusted to subordinate agents, who will not be above the suspicion of favoritism or even of cor­ ruption. Whoever has the power of granting Marks must have the power also of withholding them, a fearful power, as affecting the liberty of his fellowmen, to be exercised by any individual. Captn. Maconochie does not allow any Overseer to deprive a man of his daily allowance of Marks, without bringing him to Court; and the consequence is that, for weeks and months to­ gether, the same men receive the same number of Marks, though it is scarcely possible that they behave equally well throughout the whole period. In a large Establishment, it appears to me that the distribu­ tion of Marks must be attended with one or other of these incon­ veniences, either they must be distributed almost indiscrimin­ ately, in which case they will cease to be a test of good conduct, or the distribution of them must virtually be entrusted to in­ ferior Agents. In the distribution of rewards and punishments, there is always this difficulty; it is indeed an inherent one; and, by my observations, I only mean to point out that the expedient of " Marks " does not remove it. Captn. Maconochie wishes that his Marks should bear the fixed value of ld. each; but I am disposed to think they should each represent one how's labour. This would not prevent the intro­ duction of taskwork, neither would it prevent the giving to the GIPPS TO STANLEY. 629

Marks a money value; it would rather -on the contrary assist in 1843. fixing what that money value ought to be. The Mark also should 1 Ap"L represent an hour's labour, such as the Prisoner by moderate (not Opinions re overstrained) exertion might be able to afford, in the trade or Jmof occupation (if any) to which he has been trained. This would marks. equalize the different tasks, which men would have to perform for the acquisition of their freedom, whereas, under Captn. Maconochie's system of giving more Marks to an educated man, or to a tradesman than to a Laborer, a sentence of transportation for Life passed on a good Artificer, or (which is worse) upon a clever rogue, becomes less than one of 10 or even of 7 years, passed on a common Laborer. The man Elliott, mentioned above, has at times received as many as 130 Marks a day, whereas the common allowance to an unskilled Laborer is 22. Supposing, on Captn. Maconochie's principle, each man to spend ten Marks a day, and to put by the rest, Elliott would obtain 8,000 Marks, the price o£ his freedom (supposing him to be a Convict for Life) in 67 days, whereas it would take a common Laborer 500 days to acquire 6,000 Marks, the price of freedom for a man under a Sentence of Seven years. 17. In respect to the principle of mutual responsibility, whieh Principle is in fact the foundation of the social system, I will only say responsibility. that I have found it answer very well, as far as the distribution of rewards or earnings is concerned, but not in the infliction of fines or punishments; there is something in punishing one man or woman (for my experience has been gained in part at the Female Factory at Parramatta) for the fault of another, at which the sense of common justice revolts. Captn. Maconochie is of opinion that the principle of mutual responsibility was less objected to by the " Old " than the " New Hands "; but all the Officers of the Old Establishment, whom I questioned, concurred in saying that, though they would work " like Tigers " for Marks, if Marks could procure their freedom, they did not more than the " New Hands" like that part of Captn. Maconochie's system, which would punish one man for faults committed by another.- 18. I now pass to the consideration of the doubly convicted " Penal" or

Prisoners or " Old Hands " at Norfolk Island; and, after having ConVicted animadverted as I have done on Captn. Maconochie's measures convicts. in respect to the Experimental Prisoners, it is a relief to me to be able to say that, of his management of the " Old Hands," I can Commendation e •speak with almost unqualified approbation, that is to say, since ^e^^ " they were separated from the others. These men had suffered, A. Maconochie. and suffered severely, before Captn. Maconochie assumed the management of them, and their minds had consequently been brought to a state, in which the manifestation of kindness on 630 HISTORICAL RECORDS OF AUSTRALIA.

1843. the part of their Ruler was likely to make the best impression 1 April. on them.* Great and merciful as have been the ameliorations introduced into their condition, I could not perceive, either from personal observation or the reports of others, that they had led to evil consequences, at all to be put in comparison with the benefits which they have produced. Proposal by Captn. Maconochie is now anxious (as indeed he ever has A. Maconochie been) that the " Old Hands " should be placed on the " Mark for mark sys­ tem for "penal' System," that is to say, that a definite number of Marks should convicts. befixed as the price of each man's return to New South Wales; and that of course, on the completion of the number, every man should be brought back to the Colony. To such an arrangement, that is to say, to the giving in respect to these men a definite value to the Marks, the Statute above alluded to does not stand opposed, since all or nearly all of them have been longer in servi­ tude than the terms prescribed by the 2nd and 3rd Wm, IV, C. 62; and moreover as they are, with few exceptions,! suffering under second convictions for offences committed in New South Wales, they would not in returning to the Colony obtain freedom or even Tickets of Leave; but, being simply freed from their Colonial convictions, would for the most part fall back on their original sentences. Those only, whose original sentences had expired before they were convicted in the Colony, and the Capital Respites underfirst convictions, would on returning to it be­ come free. Objections The number of the " Old Hands " or doubly convicted is now to proposal. 876; and among them are men, very many too, who have been guilty of the highest offences that men can commit; if the Mark System were applied to them without exception, the whole of them would, within a comparatively short period, return to New South Wales; and I cannot contemplate the possibility of their return without alarm; by the Colonists generally, I am certain it would be viewed with terror. Whilst therefore I cannot for these reasons accede to the pro­ posal so often made to me, and now repeated by Captn. Macono­ chie, of putting the " Old Hands " indiscriminately on the Mark system, I shall make it my business seriously to consider whether it may not be introduced amongst a portion of them.

* Marginal note.—In justice to Captn. Maconochie's Predecessors, I should how­ ever say that the severe system of Discipline was relaxed before he went to the- Island. A relaxation was made by Major Anderson, as soon as it perhaps safely could be after, the Mutiny of 1834 ; and a far greater relaxation by Major Ryan. f Marginal note.—The exceptions are persons respited from Death, who by the- proviso added to the 5th Clause of the Local Ordinance, 3Td Wm. IV, No. 3, might be sent to Norfolk Island, even though they had never before been convicted. The persons, who have under this proviso been sent to Norfolk Island, were for the most part Soldiers. GIPPS TO STANLEY. 631

19. Your Lordship is aware that, shortly after Captn. Macono- 1843. chie arrived on the Island (in March, 1839), indeed before he had been there a week, he abolished all distinctions between the two Bodies of Prisoners, or between the " New " and the " Old Hands," and put them all on the Mark system; but that, after the Reversal of rd r s lapse of about three months, the " Old Hands " were by my A M a e°noehie order replaced on their former footing. Of the propriety, nay, re mark system absolute necessity of the order which I then gave, I have never *°^'£™al" entertained a doubt; indeed, had I not given it, the whole of the doubly convicted would long ere the present time have been returned upon my hands without my having the means of dis­ posing of them, either in New South Wales or elsewhere. That the disapprobation, which I then expressed of Captn. Macono­ chie's proceedings, damaged him, I cannot doubt, or that it tended to give color and additional currency to the exaggerated reports which were subsequently spread abroad of the evil effects of his system of management. His position is, however, now so much improved that he finds at least willing agents in his own Officers; and my visit to the Island will further, I think, have produced a good effect in supporting his authority. 20. The relaxations in the severe discipline, to which the Relaxations doubly convicted at Norfolk Island were formerly subjected, do disdpHm?by not consist solely in the diminished use of the Lash or of Irons * A- Maconochie. but also and perhaps more essentially in various smaller matters, the importance of which can hardly be estimated by anyone who has not been on the Island. Formerly, when not actually at work and also during the whole of the Sabbath Day, the Prisoners were confined in a yard, sur­ rounded by a high Wall; now they are allowed to walk about the Settlement (or Village), though not to rove over the Island, also tofish an d to bathe in the sea. Formerly, their Bread was composed entirely of Maize Meal; now, they are allowed to mix with the Maize Meal, Sweet Potatos of their own growth; and of this simple, and to the Government inexpensive alteration, it is impossible, without tasting the Bread, to judge of the value. Formerly, they had a Garden only between 3 or 4 Men; now, every man has his Garden (the sixteenth part of an acre); they have also two additional hours in the week allowed to them for working in their Gardens. Formerly, they were not allowed to have knives or any sharp Instruments or Tools; now it is no offence to have them. Formerly, no men were allowed to sleep out of Barracks except such as were in charge of Sheep or Cattle;

• Marginal note.—Captn. Maconochie has indeed within the last six months re­ sumed the use of the Lash to a considerable extent, as well as the occasional' use of Irons. 632 HISTORICAL RECORDS OF AUSTRALIA.

1843. now, many men are allowed to sleep in Huts, which have been 1 April. erected for their accommodation near to the places where they Relaxations work; Men for instance who are engaged in cutting Timber or in severity of firewood, in Sawing, or in making Charcoal. discipline by A. Maconochie. This latter arrangement has been greatly objected to, as afford­ ing the men facilities for committing depredations; but, on the other hand, it adds much to their comfort, places them nearer to their work, and saves the time formerly consumed in going to and from their Barracks; it affords the means of giving small indulgences to well conducted men; and, on the whole, though the effect of it may be more questionable, I am disposed to think it has worked well. The permission to carry knives, though it may have occasioned one or two assaults which otherwise would not have been com­ mitted, has not in any great degree augmented the number of such offences, whilst it has done away altogether with the numer­ ous punishments which were formerly inflicted for having knives without permission. Comparison of 21. I have already stated that the " Old Hands" have suf­ "penal" with fered less during the last three years from sickness than the "experimental1 convicts. " New," and that their general appearance is less sickly. It is certain that they work harder, for on this point there is no difference of opinion on the Island. The Superintendent of Agriculture stated to me deliberately, that he would rather have ten " Old Hands " to do any given piece of work than twenty of the " New." I have also already remarked that unnatural offences are less prevalent among the " Old Hands " than the " New." In point of cleanliness, there is a striking superiority in the " Old Hands," not indeed so much over the " New," as over the generality of Convicts in New South Wales, and especially those in Government Service. Convict The Convict Barrack in the Settlement (the one belonging to barrack. the " Old Hands") is in everything that regards comfort (if such a word can with propriety be used) very superior to the great Convict Barrack in the Town of Sydney, called "Hyde Park." Attached to this Barrack, and within the Inclosure Wall Chapels of it, are two Chapels, one Protestant, the other Catholic, which attached to have been erected by Captn. Maconochie; and, though the erec­ barrack. tion of them without authority was made a matter of charge against him, I cannot but speak in terms of commendation of them, and bear witness to the humanizing effect, which attend­ ance in them seems to be producing in the minds of the Pri­ soners. GIPPS TO STANLEY. 633

The " New Hands " or Experimental Prisoners have no Chapel; 1843. but Divine Service is performed for them, Catholic as well as . ' Protestant, in parts of their Barrack Rooms at the farm called Religious " Longridge." I attended during the time of Service at both "experimental" places. convlcts- 22. Since the relaxations have been introduced of which I Physical condi^ have spoken with approbation, it ean I think scarcely be doubted convicts. that the physical condition of a doubly convicted Prisoner at Norfolk Island is better than that of a Convict in an Iron Gang in New South Wales or at Cockatoo Island, to which men are sent on theirfirst retur n to the Colony from Norfolk Island, or lastly, even than that of an ordinary Prisoner of the Crown in the service of Government in New South Wales. - f What is it then which makes the life of a Convict at Norfolk ^™^ to Island so peculiarly irksome? or what is it which makes men escape from ready to run any risk, or endure any hardship, in order to get Norfolk island. away from it ? The daring attempts, which have even of late been made to- escape, would seem to prove that the desire to get away from it is nearly as strong, under the administration of Captn. Macono­ chie, as it has been under that of any of his Predecessors; and it is as strong among the " New Hands " as the " Old." The reason is, I believe, to be found in the extreme isolation Reasons for of the place, in their being so entirely cut off from Society, or desiret o esoape- from even a view or a glimpse of Society, and more especially from the Society of women. The yearning of their hearts towards society is indescribable; it constitutes their torment; it is a punishment greater than the Lash, or any other that man can inflict upon them. This torment too is also greatly increased by the state of uncertainty in which they live; the sentences of many of them are for Life; in respect to many, it has also been further recommended by the Judges, who tried them, that they should never return to the Colony, yet none of them are without the hope of returning; and, accord­ ing to the present system of remitting punishments, all may even expect to return. These facts might lead to important reflections on the subject of the remission of punishments, as well as on the superiority of Insular Penitentiaries. An unhappy wretch shut up in a Cell in the State Prison at Philadelphia, or in that now building at Pentonville, may be more completely secluded than a doubly convicted offender at Norfolk Island; but he never can be con­ vinced that his return to the society, after which he yearns, is as difficult. 634 HISTORICAL RECORDS OF AUSTRALIA.

1843. Transportation to Norfolk Island, notwithstanding the fertility 1 April. of its soil, its genial climate and beautiful scenery, is therefore Reasons for a far greater punishment than transportation to New South desire to escape. Wales or Van Diemen's Land; and consequently there is the less reason to augment the hardships of transportation by supple­ mentary punishments, a milder system of management may, cceteris paribus, be adopted. System of In Assignment, a man is a Slave, but still he is a Slave in so­ assignment. ciety ; and, to persons of unrefined minds or such as do not revolt at Slavery, the condition of Assignment is often a mild, and even an enjoyable one, and very generally sought for in preference to Government Service. Assignment is the greatest and worst of lotteries; but human life itself is a lottery; it is at least made up of some principles which arefixed, an d some fortuitous; and, if the fortuitous ones were wholly taken away, Man's inducement to amend his condition by his own exertions would be destroyed; his life would be hardly endurable. 23. It seems to me proper now to notice two subjects, in respect to which much imputation has been cast in Captn. Maconochie's system of management. Thefirst i s the alleged idleness of the Prisoners, Old as well as New, or the little labour which is required from them; the second, the alleged increase of crime as well as its impunity. Alleged Without going the length of saying that the men are permitted idleness of convicts at to be idle, it cannot I think be denied that the quantity of labour Norfolk island. obtained from them is less now than it formerly was; and I have already said that the " New Hands " do less work than the " Old." In the Agricultural Department, where the falling off in the pro­ duce of labour is most felt, the " New Hands " work principally by Task; the " Old Hands" have also been partially allowed to work by Task; though this indulgence, for such it is con­ sidered, they were for some misconduct deprived of at the time of my visit. Everyone, who has had the control of forced laborers such as Slaves or Convicts, knows that, in the absence of extreme severity, it is by Taskwork only that anything approaching to an ade­ quate quantity of labor can be extracted from them. But, in order to extract this adequate quantity, the tasks must be suffi­ cient, and they must be well not carelessly performed. In some instances, the Tasks have been reduced by Captn. Maconochie; in others, they remain the same as before he had charge of the Island; and, though it would be difficult to adduce strict proof of the fact, I think it may be admitted that they are, and especi­ ally in the Agricultural Department, not so well performed as they formerly were. GIPPS TO STANLEY. 635

By the establishment also of a Police, consisting of about one 1843. hundred of the most efficient men taken from both Bodies of 1 ApriL Prisoners, the amount of Labor available for the purposes of Government has been greatly diminished. From the various Returns, which I obtained from the different Officers charged with the daily distribution of the men, I have myself compiled Employment one (which is herewith enclosed), intended to shew (at least in ofeon™ts- an approximate manner) how the labor of the 1,469 Prisoners on the Island, at the time of my visit, was daily disposed of. The Return is made up for the 10th March, the day previous to that of my arrival; and I satisfied myself that the distribution of the men on that day might be taken for the purpose, which I had in view, as a fair average of what is usual. I cannot hesitate to say that a much large quantity of productive labor ought to be, and must be extracted from them; but, this being a matter of local arrangement, I need not here pursue it further. In respect to the alleged increase of Crime, and the way in Alleged which it is said to go unpunished, I am happy to be able to ex- of^me press my persuasion that the reports, which have reached Sydney, and which I especially alluded to in my Despatch of the 15th Augt., 1842, No. 145, are much exaggerated. It is true that Captn. Maconochie, during the last few months, has been more severe in his punishments than he previously had been; but the accounts, which I have alluded to, must, even in respect to the occurrences to which they related, have been, as far as I can judge, overcolored. Some crimes of magnitude have occurred, which perhaps scarcely would have been committed under the stricter rule of his Predecessors, such as a Robbery committed about a year ago on the Sabbath Day during the time of Divine Service in the Cases of house of Dr. Reid (the assistant Surgeon of the Establishment); ro bery' Another Robbery in daylight, at the house of the Superintendent of Agriculture (Mr. Pery); and an audacious Robbery in Captn. Maconochie's own house, only -a few nights before my arrival. But the perpetrators of all these offences were detected and punished. The Robbery of the Commissariat Store, on which very seri­ ous accusations against Captn. Maconochie were founded (as re­ ported in my Despatch last mentioned, No. 145 of 1842), was remarkable rather for its ingenuity than its daring, and could not have been committed without the connivance of the Sentry, who therefore must be considered the most guilty party; and a Robbery at the Officers' Mess Room could scarcely have been committed, had only common vigilance been observed. 636 HISTORICAL RECORDS OF AUSTRALIA.

1843. More Sheep have been stolen, or made away with, than for­ 1 April. merly; and more Boats have been built (or attempts made to build Boats) for the purpose of escaping from the Island; but Causes of the increase in these offences is to be attributed to the fact increase of already mentioned, that more men are now allowed to sleep out crime. of Barracks than formerly; and whatever increase of Crime may have been occasioned by the additional facilities thus afforded for its commission, has been, I am disposed to think, balanced by a diminution in other offences.* Problem of 24. I next come to the consideration of the future purposes to disposal of which Norfolk Island is to be applied. Norfolk island. For the last three years, the transportation of doubly convicted offenders to it from New South Wales has ceased; and the num­ ber of doubly convicted on the Island has been reduced from 1,278 oh the lst March, 1840, to 872 on the 12th March, 1843; and this number is further in the continued process of reduction. The New or Experimental Prisoners (now 593 in number) are also very speedily to be transferred to Van Diemen's Land; so that, unless new Prisoners of one Class or the other be sent to Norfolk Island within a year, it may be doubted whether the number of men remaining on the Island will be sufficient to maintain the cultivation of it, and to keep in repair the numerous buildings belonging to Government, whilst almost the whole ex­ pences of a large establishment in respect to Superintendence must be kept up. The decision therefore of Her Majesty's Government, as to the purposes to which the Island is henceforth to be applied, is a matter which is of pressing importance. In the concluding part of my Despatch, No. 147 of the 15th Augt., 1842, when writing on this subject, I said that, whilst Norfolk Island is admirably adapted to the purposes of a strictly penal station, it scarcely appeared to me adapted to any other. The more accur­ ate acquaintance with the Island, which I have now acquired, fully confirms me in this opinion, with the sole modification that it is adapted not only to a strictly penal establishment, but to a penal establishment of any description, though of course one system of management only should be adopted on it and not two, as has been the case for the last three years. Preference of Captn. Maconochie indeed still continues to think the Island A. Maconochie ill adapted to the trial of his system, and still hopes to be removed for King island, to King's Island in Bass' Straits; and I must still admit, as I ever have done, that, if his system be to be tried, it is very desir­ able it should be tried in a locality which he approves.

* Marginal note.—This account of the state of Crime is somewhat different from that which I gave, before I had visited the Island, in my Despatch, No. 144 of the 15th Augt, 1842. GIPPS TO STANLEY. 637

Whether Captn. Maconochie's system shall further be tried or 1848. not, is of course a question for the decision of Her Majesty's x Apn1, Government; and, without either advocating or discouraging the further trial of it, I feel it right to say that I should regret to Value of see the experience wholly thrown away, which Captn. Macono- lxPMaconoehie. chie has, during the last three years, gained in the management of Prisoners. He admits that, in respect to the manner in which his prin­ ciples should be applied, experience has taught him some useful lessons. He is fully aware of the necessity of a sterner and more severe application of his principles than any which he has yet attempted, and especially' in the early or punitory stages of his system; and he fully also admits that, in the distribution of Marks (the great engine of his system), he has hitherto been too lavish. . Captn. Maconochie indeed still maintains that the object of all Principles Prison Discipline should be exclusively the reform of the Crimi- a.dv£eated h7. ^ ,.,,,. • -, A- Maconochie. nals, and deprecates, as much as ever, the idea of making punish­ ments exemplary, or as he prefers to term it vindictive. He allows however that punishment, and punishment too of a severe nature, is a necessary part of Convict Discipline; and, if this object be secured, as it might be by the positive order of Govern­ ment, I do not see that it matters much whether the punishment be inflicted theoretically as a terror to evil doers, or, as Captn. Maconochie would have it, as thefirst operatio n in the process of a cure or, on the principle to use his own expression, that the amputating knife or actual cautery is used by the Surgeon, Should no further trial of Captain Maconochie's system be considered expedient by Her Majesty's Government, but Norfolk Island still'be retained as a Penal Station, as I have ventured to recommend it should be in the concluding words of my Des­ patch of the 15th Augt., 1842, No. 147, the question will naturally arise whether or not Captain Maconochie is to be continued in opinions« charge of it. From what I have stated in approbation -of his continued » • i -r-i • • i employment of management of the doubly convicted .Prisoners, it may be A. Maconochie. gathered that I should not myself object to his continuing in charge of them; but I must submit that it should be on the ex­ press condition of his adhering implicitly to the instructions, which he may from time to time receive from the Government of this Colony. So long as the Prisoners under his charge are ulti­ mately destined to return to New South Wales, this condition, I consider to be (in justice to the Colony), an indispensable one; but, on the other hand, if Captn. Maconochie be placed in charge of Prisoners, who are in no case to be sent or returned to New South Wales, I should anxiously desire to see him relieved 638 HISTORICAL RECORDS OF AUSTRALIA.

1843. from any dependence on the Government of it. The illdefined 1 April. nature of Captn. Maconochie's position has hitherto been pro­ ductive of much inconvenience; and has greatly encouraged the redundancy of argument and repetitions of theory, which every­ where pervade his official correspondence, which pervade it indeed to such a degree as to render it tedious, unsatisfactory and even obscure. Problems re 25. Should it be determined to abandon Norfolk Island alto­ Norfolk island. gether as a Penal Station, I can only refer to what I have said in respect to the disposal of it in my Despatch of the 15th Augt. last, to the effect that the entire abandonment of it will be at­ tended by a great sacrifice of property, whilst the retention of it as a Colony will lead to expences scarcely to be compensated by any advantage to be derived from it. Expenditure at 26. It remains for me yet to say a few words respecting the Norfolk island. expences of the Island. I have already stated that they must be reduced; and, should it be proposed to leave Captn. Macono­ chie in charge of the Island, a reduction in the expence of it should be made an absolute condition of his remaining there. The obvious and only legitimate way, in which the expences can be lessened, will be by increasing the produce of it; and this increase of produce must be looked for by the application of more labor to the Soil, not by the trial of experiments founded on speculations or theories, experiments, that is to say, attended with a certain outlay, but of which the success, however sanguinely it may be counted on, must be problematical. Captn. Maconochie having been in command of the Island three years, I have called for Returns of the whole expenditure during the last six, so as to comprehend not only his own three years, but also the three last of the management of his Prede­ cessors; and, from the Returns furnished to me by the Officers of the Commissariat, the Ordnance and the Engineer Depart­ ments, I have caused the accompanying General Return to be compiled. By this Return it appears that the average expence of a Convict at Norfolk Island, during thefirst perio d of three years, was £10 18s. 4d. per annum, and, during the last period of three years, £13 3s. lid., the increase being very nearly at the rate of 21 per cent. This expence is moreover in each case independent of the whole cost of maintaining the Garrison, con­ sisting on the average of about 160 men, also exclusive of salaries or the cost of Superintendence, the amount of which was during thefirst period about £1,717 and in the latter £2,680 per annum, or an increase on the former of about 56 per cent. But this in­ crease is chiefly to be attributed to the substitution of a Civil for a Military Commandant, and to the additions which have been made to the Establishments for religious instruction. GIPPS TO STANLEY. 639

It will further be seen, and especially by comparing the year ^f^n 1838 with 1839, that the expences of the Island principally depend crops on the productiveness or unproductiveness of the Crops. In 1838, ^Cogt°oI when the Crops were very abundant, the expence of maintaining maintenance. each Prisoner fell to £4' 11+s. 2d. In 1839, when the Crops failed, both at Norfolk Island and in New South Wales, it rose to £17 19s. lOd.; but the year 1839 was not one of Captain Macono­ chie's years. I have, &c, GEO. GIPPS. [Enclosure No. 1.] RETURN shewing the manner in which the Prisoners at Norfolk Return of Island were employed on the 10th March, 1843. employment of convicts at 1. Doubly convicted Prisoners, called the " Old Hands." Norfolk island. ' Men. Overseers 60" Mechanics 65 Field Labour, including repair of Roads 208 In charge of Stock, including Bullock Drivers 43 Clerks and Messengers 10 . Tailors, Shoemakers, etc . 2-8 School masters 2 Cooks and Sweepers 14 Water Carriers 13 Cutting Brooms, and gathering Lemons 6 Barbers • 5 Cutting wood for fuel 18 Commissariat Store and Bakehouse 20 Dressing Flax, and making Rope 8 Grinding Corn (Water Mill) 5 Signal Men 3 Watchmen, Gatekeepers, Storekeepers 20 Dairymen and Milkmen 15 Police, Constables, and their Hutkeepers or Assistants 76 Wardsmen in charge of Prisoners' Barracks 27 Watchmen at the Prisoners' Gardens 4 Servants to Officers, Civil and Military 109 Repairing Officers' Stockyards 3 Scourgers 2 In Gaol 19 In Hospital •. 8 Invalids, and exempt from Work 49 Hospital Attendants 8 Gaol Attendants • • 4 Loiterers, Casuals, etc., etc 24 Total' S76 2. Experimental Prisoners, called " New Hands." Men. Mechanics 53 Laborers, Overseers included 262 Tailors and Shoemakers- 31 Commissariat Department 1 Clerks 4 Servants 19 Cooks and Storekeepers 11 Camp Attendants and Hutkeepers 44 Police 66 Band 11 Wardsmen Total 5923 In Gaol 3 Gaol Attendants . 4 In Hospital 50 Hospital Attendants 9 Invalids, and exempt from labor 23 640 HISTORICAL RECORDS OP AUSTRALIA.

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SIR GEORGE GIPPS TO LORD STANLEY. i843; (Despatch No. 44, per ship Royal George; acknowledged by- lord Stanley, 5th September, 1843.) My Lord, Government House, lst April, 1843, On the subject of the proposed removal from Norfolk Transmission Island to Van Diemen's Land of the Prisoners, who have been proposed re for the last three years under the experimental management of remo™iof Captn. Maconochie, I have the honor to transmit herewith Copies Tasmania. of letters which have passed between this Government and that of Van Diemen's Land; and, in so doing, I beg leave to explain that my reasons for desiring to remove these men to Van Die- Reasons for men's Land (fully reported in my Despatch to Your Lordship, proposa • No. 147 of the 15th Augt., 1842) were founded, first, on the desire (sanctioned by Lord J. Russell's Despatch No. 321 of the 1st Augt., 1841) to make good, as far as possible, the expecta­ tions which had been held out to them; and secondly, relieve the Home Government from the expences, which in August last I feared would be incurred, were they allowed to remain at Norfolk Island. The letter from the Colonial Secretary of Van Diemen's Land Objections in will shew to Your Lordship the great reluctance with which to holders of these Prisoners will be received as Holders of Tickets of Leave fromeNorfoikVe by the Government of that Colony; and I have to add that, from island. private letters which I have received from Sir John Pranklin, as well as from numerous other sources of information, I am led greatly to apprehend that, if the men be sent to Van Diemen's Land at the present season of the year, that is to say, at the commencement of Winter, they will on their arrival be subjected to great difficulties, and that, partly from the scarcity of employ­ ment, and partly from the prejudices which have been excited against them, very few of them will be able to earn a livelihood. I would further beg to refer to the Paragraphs Nos. 7 and 8 in my Report on Norfolk Island of this day's date, to shew that the expences have not been incurred, which in Augt. last I apprehended; and that the maintenance of the Prisoners at Nor­ folk Island does not now cost the Government more than it would, if they had not received the indulgence of Tickets of Leave; and I have in consequence to report to Your Lordship that, taking all these matters into consideration, and having fully conferred on them with Captn. Maconochie during my late visit to Norfolk Island, I have determined not to remove the men Removal of from Norfolk Island to Van Diemen's Land until the commence- be^ostpo^ed. ment of the next Spring. I trust this determination will meet Your Lordship's approval. SEE. I. VOL. XXII—2 S 642 HISTORICAL RECORDS OF AUSTRALIA.

1843. Respecting these men, I would further if necessary beg to 1 April. refer to my Despatch, No. 97 of the 26th May, 1842. I have, &c, [Enclosure No. 1.] GE0" GIPPS' COLONIAL SECRETARY BOYES TO COLONIAL SECRETARY THOMSON. Van Diemen's Land, Sir, Colonial Secretary's Office, llth January, 1843. Letter I am directed by Lieutenant Governor Sir John Franklin to acknowledged. acquaint you that His Excellency has had under his consideration your letter of the 29th August last, in which you report, by direc­ tion of Governor Sir George Gipps, that His Excellency, acting on the discretion vested in him by the Secretary of State, has decided on breaking up Captain Maconochie's ex£>erimental establishment in the course of the month of March next, and on transferring the whole of the Prisoners, in the condition of Ticket of Leave holders. to Van Diemen's Land, with the exception of such as on account of misconduct may not be deemed eligible for the indulgence of a Conditions for acceptance of Ticket of Leave. convicts from His Excellency will be prepared to receive the Convicts whom Norfolk island Sir George Gipps thus proposes to transfer to this Colony; but He in Tasmania. has deemed it necessary that it should be pointed out to Sir George Gipps that they will be treated in all respects as the other Convicts who arrive from England, and that they will thus be placed in a less favorable position than the one which they occupy at Norfolk Island. To treat them in the manner, which it appears to His Excellency is contemplated by Sir George Gipps, could not be done without establishing two different Systems of Convict discipline, which it would be impossible for His Excellency to sanction; and the only course, which is in fact open to His Excellency, is that they should be treated with, and in the same manner as those prisoners, who are already here, and whose periods of transportation are respec­ tively similar to theirs. I am further to request that you will have the goodness to fur­ nish, for Sir John Franklin's information, a Copy of the Form of " Ticket" which it appears the Convicts now hold in Norfolk Island, and at the same time to point out to you that His Excel­ lency has no powers under the Act of Parliament to grant Tickets of Leave in this Colony, except after periods of four, six and eight years' transportation respectively. I have, &c, W. BOTES. [Enclosure No. 2.] Letter COLONIAL SECRETARY THOMSON TO COLONIAL SECRETARY AT acknowledged. VAN DIEMEN'S LAND. Colonial Secretary's Office. Sir. Sydney, 28th Jany., 1843. I am directed by the Governor to acknowledge the receipt of your letter of the llth instant, in reply to the communication which was made to you by His Excellency's commands on the 29th of August last, and in which you state that His Excellency Sir John Franklin is prepared to receive the Convicts whom it is proposed to remove from Norfolk Island to Van Diemen's Land, but that they will be treated in all respects as other Convicts who GIPPS TO STANLEY. 643 arrive from England; and subsequently pointing out that the Lieu- 1843. tenant Governor has no power under the Act of Parliament to grant l April. Tickets of Leave in Van Diemen's Land, except after periods of four, six and eight years' transportation respectively. Sir George Gipps desires me to request of you to point out to Conditions Sir John Franklin that it was not his intention to propose that s™GGipps His Excellency should receive the men from- Norfolk Island in the for removal capacity of Ordinary Convicts, but in that of Ticket of Leave of convicts holders' according to the original intention expressed in respect to to Tasmama- them in Lord Normanby's Despatch of the llth May, 1839, when the experimental system at Norfolk Island was first authorised. The Tickets of Leave to these men will be granted by Sir George Gipps under the special authority of the Secretary of State, whose power to order Tickets of Leave, or any higher indulgence, is in no way controlled by the 2d and 3d Gul. IV. ch. 02 ; and consequently the responsibility of issuing these Tickets of Leave will in no way rest upon Sir John Franklin; but. should His Excellency prefer that the men be sent to Van Diemen's Land as holders of Condi­ tional Pardons. Sir George Gipps has equal authority, or even more express authority from the Secretary of State, to grant them that indulgence; and His Excellency will readily do so at Sir John , Franklin's desire. In either case, all that will remain to be done in Van Piemen's Land, according to the view taken by Sir George Gipps ot the subject, will be to give validity in that Colony to the instruments which will have been issued in New South Wales, or to do in respect to the Ticket Holders from Norfolk Island what­ ever it may be customary in Van Diemen's Land to do. whenever holders of Tickets of Leave or of Conditional Pardons are allowed to proceed to that Colony from New South Wales. In pointing this out, however, to Sir John Franklin, Sir George Gipps begs His Excellency will bear in mind that he does not in anv wav claim the right of transferring the Men to Van Diemen's Land, without His Excellency's consent. Sir George Gipps con­ siders His consent to be as indispensable in respect to these men, as by long usage between the two Governments it has always been considered to be necessary in the case of Individuals. He must decline, however, altogether to send the men as ordinary Convicts. as such a measure would be directly contrary to the intentions of the Secretary of State, and involve a breach of faith with the men themselves. I am directed to add that, in the event of the men being sent as holders' of Tickets of Leave or Conditional Pardons, it appears to His Excellency that they will stand in need of some assistance from the GovernmenSIR GEORGt of EVa GIPPn Diemen'S TO LORs LanD STANLEYd on thei. r arrival, and befor(Despatce they cahn No be. expecte45. per dshi topfind Royaemploymen l George; tacknowledge for themselvesd by; but the expense of anloryd suc Stanleyh assistanc. 27the September would. Hi,s 1843.Excellenc) y presumes, beM justly Lordy chargeabl, e on ConvicGovernment Funils. t HouseI have,, ls etc.t April, , 1843. With reference to my Despatch of thisE. day' DEAsS dateTHOMSON, No.. 43, containing the report of my visit to Norfolk Island, I have the 644 HISTORICAL RECORDS OF AUSTRALIA.

1843. honor to inform Your Lordship that I caused the regulated allow­ 1 April. ance for the entertainment of myself and Suite on board Her Payment for Majesty's Ship " Hazard" to be paid out of Convict funds to passage to Norfolk island. Captn. Bell, R.N., of that Ship; and I trust that, on Your Lord­ ship's recommendation, this payment, amounting to £144 may be sanctioned by the Lords of the Treasury. The persons, whom I took with me on this occasion, were my Private Secretary, Aide de Camp and the Principal Superin­ tendent of Convicts. I have, &c, GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 46, per ship Royal George; acknowledged by lord Stanley, 29th September, 1S43.) 3 April. My Lord, Government House, 3rd April, 1843. Transmission Agreeably to the instructions contained in Lord J. Rus­ of annual sell's Despatch, No. 132 of the 25th Augt., 1840, I have the honor reports re aborigines. to forward herewith the Annual Reports for 1842 of the dif­ ferent Officers of this Government employed in the civilization or protection of the Aborigines and also from the different Mis­ sionary Establishments receiving aid from the Government. The following is a List of the Reports:— 1. Report of the Mission at Wellington Valley in con­ nexion with the Church of England; 2. Report of the German Mission .at Moreton Bay in con­ nexion with the Presbyterian Church. Reports from the Crown Commissioners employed in the older parts of the Colony in the undermentioned Districts: 3. Wellington; 4. Bligh; 5. Maneroo; 6. Murrumbidgee; 7. Lachlan; 8. McLeay River; 9. Clarence River; 10. New England. Reports. from Port Phillip: 11. Chief Protector's Report; 12. Wesleyan Mission at Gee­ long. Crown Commissioners' Reports, from the undermentioned Dis­ tricts : 13. Portland; 14. Grant; 15. Bourke; 16. Western Port. I have, &c, GEO. GIPPS. [Enclosure No. 1.] ANNUAL Report of the Aboriginal Mission at Wellington Valley addressed to The Honble. E. Deas Thomson, Colonial Secretary. Sir, In attempting to furnish the Colonial Government with a Report of the State and proceedings of this Mission during the GIPPS TO STANLEY. 645 past year, I candidly acknowledge I am at a loss what to say; I 1843. would rather keep silence altogether, for I really can speak of no 3 April. improvement of any consequence, either in the generality of the ArmuaTrepor Aborigines of this District, or in those who are more or less at- of aboriginal tached to the Mission, whilst every year seems to bring fresh mission at trials to add to those baneful influences, which have long acted yafjev15'011 so unfavorably upon the morals of these untutored children of the forest. For a time I was beginning to hope that several of our young people would become more steady, for, during the greater part of the year, there were three couples, sometimes four, living at the Mission, which is something unusual, for these Aborigines generally Become more unsettled and addicted to their wandering habits, when they live as husband and wife together, than when single; hut in a measure, I am disappointed in my expectations; for the very couple, who had always most steady and useful when single, and even for a time when united, have gradually yielded to bad and uncivilised habits, and have now for several weeks been wan­ dering in the Bush. There are two young women, however, staying, who for many months, the one for the whole year, remained and conducted themselves tolerably well, although their husbands have repeatedly gone away. One of these young men has, above all •others, disappointed me; for he had for years afforded more hope than any other of a better principle gaining ground in him by degrees. Indeed, it is truly distressing to me, when I consider the serious reflection which at times he evinced, the anxious en­ quiries after Religious and other useful information, and the strik­ ing observations which he made from time to time, for more -than three vears, to see him once more in a measure fall hack in heathen customs. Nor has his better judgment utterly left him; he often acknowledges he knows he is doing wrong, but adds he cannot help it; he imagines, if he was separated from his Black countrymen, he would become a better man. The influence of the elderly men, by threatening and superstitious notions, is certainly very strong; they f«eem to contrive every scheme, they can, to keep the rising genera­ tion in a savage state. Another young man, the same who was so prominently introduced to His Excellency the Governor on his visit two years since as one far advanced in civilization, has almost entirely returned to wild habits; he has been more unsettled for these 18 months past than ever I have known him to be before. The Men in general, whether old or young, single or married, have, •during the last year, led more of a savage life than I have known them to do for years. For 8 or 10 months, they have been mostly engaged in preparations for a fight, or were off on fighting excur­ sions. They certainly do rarely any serious harm to each other; hut it Is on account of -these disturbances among them, principally, that they are so often drawn away into the bush. On one occasion they seemed to have premeditated rather a serious engagement, when I, having received an intimation of it, hasted to Mr. Com­ missioner Alman for assistance, who kindly, together with some other Gentlemen and Police, accompanied me to the scene of battle. It was with much difficulty we could prevent them from determinate fighting; they made repeated attacks and were very passionate. All my voung men, I regret to say, joined the ranks; no reasoning •could detain them. They Kill go when challenged, lest they should he called cowards, or -their friends urge them for assistance. 646 HISTORICAL RECORDS OF AUSTRALIA. 1843. I have availed myself, in a few instances, of the kind allowance 3 April. 0f i-Tjg Excellency fo give rewards for industry, improvements and Annual report sood conduct; but, I am sorry to say, have seen no good fruit of it: of aboriginal as yet. Indeed those few, of whose late conduct I have already u-isir°1+at complained, are the principal parties that previously had received valley! rewards. They can, in general, bear little or no encouragement; they seem to beflit only , as yet, for rigourous measures. I feel more and more convinced that no advantages of civilisation or European comforts, held out to them, will tend much to civilize them. Numerous and striking instances have produced in me the conviction that their habits never will be settled, or they enjoy a civilized life, although they may seemingly be civilized, until they are truly Christianized. I mean, so as to have a Christian prin­ ciple implanted in their minds. They want moral power, nay, power from above, to overcome their innate disposition and the opposing influence of others. Past experience has shown that they will, for years, do remarkably well, and put some Europeans to shame by their conduct and manners, and yet return once more to the ways of their fathers. One very discouraging feature in their character is that they scarcely ever form a grateful attachment to a person, which is of a lasting nature. So long as they are not truly con­ verted to Christianity, I can think only of one remedy to improve their manners, and render them more useful members of Society. viz., to put them under certain restrictions by interfering with their customs and laws; though I am aware of the difficulties and objections raised against any such proceedings. It is lamentable to observe how soon the majority of these unfortunate Blacks fall in with European vices (of which they certainly see far more, than of good morals). Drunkenness now, since we have two publie Houses in the neighbourhood, has become very general among them; they usually spend their earnings in spiritous liquors. On this account, their anxiety for money has become very great; they will hardly do any thing of consequence now without payment in money. During our last sheep washing and shearing, a number made them­ selves very useful; the former they did with very little European assistance; in the latter, shearing, some made also a good effort.. I, therefore, to encourage them paid them fairly; but to my gre-at. grief, they spent the several pounds they had between them within a few shillings in spirits. The prohibition against supplying the Blacks with spirits seems to be cunningly evaded; if they cannot: obtain them at the public house themselves, they find, alas, too many helping hands among Europeans to fetch what they want for them. Thus by giving them money, I am rather liable to encourage them for evil than for good. I have long dreaded public Houses, and my apprehensions are now verified. We have repeatedly, during the year, had considerable numbers visiting at the Mission; and some would have continued longer, had we not been so sadly inconvenienced through want of. water. But, having had the water to fetch such a distance, we could scarcely afford a sufficiency for those who are attached to the Mission. Several have told me, " we cannot stay with you where there is no water." The Native is not comfortable when he cannot . encamp near a bed of water, or at least a Water-hole; he requires. in summer not only much 'for drinking, but will often bathe. I have long regretted that the locality of this Mission should be so GIPPS TO STANLEY. 647 unfavorable in this respect; in fact, for the last two or three years, 1843. it was utterly unsuitable; I therefore had intended to urge strongly 3 April. its removal; for I often thought I would rather live in a Bark Anrmal report hut near water, than to continue in such a dry place as the present. 0f aboriginal However, very unexpectedly. I had the pleasure, in the latter days mission at ngton of December, to see the Bell river running bank high, after almost ^aney every body had despaired of its running again, it having not run for five years, and for miles been dried up these two or three years. I feel truly thankful to Almighty God, and trust he will once more be gracious to this dry and barren land. In conclusion, I lament to say that, for the last six months, since the departure of the Agriculturist, my hands have been fully occu­ pied in secular affairs, so much so that I have had to neglect almost entirely the proper sphere of my calling. I have to act as common overseer and Store-keeper, etc., etc., almost from morning to night, a business which I know but little of and much less delight in. I sincerely hope I shall, ere long, be relieved of such a burden, and see some better arrangements made, that I may have time and opportunity to make proper efforts without which we cannot expect the Divine blessing. I have, &c, Wellington Valley, 9th January. 1*43. JAMES GUNTHER. [Enclosure No. 2.] REPORT of Transactions relative to the Aborigines in the District Report re of Moreton Bay for the year 1842. in district of THE wild habits of the Aborigines are the same as they were in the Moreton ha^- former year; but they have not been so troublesome this year to the Settlers of this District as they were before. Their fights have likewise been less in number, two or three only having taken place between the neighbouring and the distant Tribes; and, as far as I could discover, one individual only was killed. The number of deaths has also been small in comparison with that of the former year. The Aborigines are, therefore, on an average, as numerous as at the end of the year 1841. viz., from about one thousand to one thousand five hundred,fifty mile s in circuit. The exact number of the various Tribes is difficult te he ascer­ tained, as it scarcely ever happens that all the members of one Tribe are collected at one and the same spot, a few of them gener­ ally straying in the Bush separate from the rest. The number of individuals composing one distinct Tribe may vary from eighty to one hundred andfifty, o r even more. They live in a state of nudity, except that in very few instances they wear some Kangaroo or Oppossum skins sewed together. Here and there a Blanket may be seen among them, which they have received from the German Missionaries as a reward for services rendered. They subsist on almost every kind of Animals, roots, nuts, honey, etc., the procuring of which is frequently connected with much toil. Their food is sometimes plenty, and at other times scanty, accord­ ing to the season. The sicknesses, they are subject to, are chiefly consumption and Rheumatism; and many of them, Children not excepted, are in­ flicted with the Venereal disease. The Males in almost every Tribe are more numerous than the females; the former are in proportion to the latter, on an average, as three to two. 648 HISTORICAL RECORDS OF AUSTRALIA.

1843. In general, it may be said that those, who have been with white 3 April. people, are in some degree civilized, having become useful in per­ Report re forming common manual labour; and in particular, and more aborigines especially this may be applied to those who have stayed for a in district of Moreton bay; shorter or longer period with the Missionaries. The Adults may have made a little progress in Religious knowledge by their inter­ course with the Missionaries when at their station, or in the Bush, when the latter are travelling among them, which they frequently do; but the progress, they may thus have made, is almost impossible to be traced or pointed out. The Children are instructed at the Mission Station twice a day, in the morning and afternoon, about five hours altogether, though there be but two or three present. There is likewise, as far as practicable, a school kept in the Bush by these Missionaries, whose turn it is to travel among the Natives. The method of instruction, they have adopted, is similar to that used in infant Schools. Be sides that the Children are taught the principles of Religion, they are instructed in spelling, reading, ciphering, and writing. In the Schoolroom, they write with Chalk on a Board, and in the Bush with Charcoal on a sheet of Bark, or with a Stick in the sand. The progress they have made bears, however, an inferior proportion to the time and strength which have been spent upon them; not so much on account of thei[Enclosurr being ien wanNo. t3. o]f faculties, as by reason of their unsettled and fugitive habits. J. C. S. HANDT. MR. J. ALLMAN TO COLONIAL SECRETARY THOMSON. Commissioner of Crown Lands Office, Sir, Wellington, 31st Deer., 1842. and in district In accordance with the instructions of the Government, I beg of Wellington, leave to submit the following information respecting the Abori­ ginal Natives located in my District, and the result of my observa­ tions on their habits and customs, since the transmission of my last report. During the past year, I have had opportunities of communicating with those natives frequenting the Lower Lachlan River District in considerable numbers. I cannot say that I have remarked any Amelioration in their moral or social condition; whilst, amongst those in the more immediate neighbourhood of Wellington Valley, I very much fear the establishment of Two Public Houses has been productive of any thing but advantage to them. Those Natives, with whom I have been in communication on the Lower Lachlan, all appear to be quiet and well disposed, and are of considerable service to the Stockholders in many respects. I am sorry to say that the same good understanding does not exist with the Natives on the Lower Bogan, who are inclined to be troublesome, and to take advantage of any opportunity afforded them of making aggressions on the Whites. I allude to the Blacks who inhabit that part of the Bogan which is not now taken up by settlers, and which has already been the scene of an unfortunate occurrence, which has occupied the attention of the Government. I have, &c, J. ALLMAN, J.P., Commr. of Crown Lands. GIPPS TO STANLEY. 649

[Enclosure No. 4.] 1843. REPORT on the Condition of the Aboriginal Natives in the Dis- ' trict of Bligh for the year 1842, by Graham D. Hunter, aborigines Commissioner of Crown Lands. in district of Bligh ; THE Aboriginal Natives in this District, where stations have been formed many years (fifteen or sixteen), are found by the Settler very useful, for which he remunerates them with Clothes and Food. The labour, they are required to perform being uncertain and irregular as to its demand, is the cause of their not being more employed than they really are; but, from their general disposition for idleness, it would be difficult to have any one of them brought to that state -where dependence could he put for the due execution of any particular work, they may be required to perform. The Natives being ignorant of our Laws, it would be rigorous on our part to put them in force on such unfortunate people, without in the.first plac e endeavouring to establish civilization to some extent amongst them. It will often happen that, when you may have brought an Abori­ ginal Native to almost have that degree of feeling to be compared with a white person, that he will be compelled by the other Natives to return to the Bush, and will remain for some considerable time absent; during that time, it will be found, on his return to the station, that he has lost -all his zeal for any industry he may have acquired beforehand. The numbers in those parts long located by white people are decreasing very fast from disease long prevalent amongst them. In those parts where the white people are few and newly located (on the lower Macquarie and Castlereagh Rivers), the Natives are found very numerous and athletic, both male and female. They seldom come in number to any Station when in this primitive State. but generally in small detached parties, which is a forerunner to give information to the whole Tribe. It is during this period, when Stations are newly formed, that any outrage takes place on the part of the Aborigines; and when a proper feeling is formed with the white people, and no improper conduct on the part of the Whites, there is little risk totoe run of any outrage being committed. GBAHAM D. HUNTER, C.C.L. [Enclosure No. 5.] MR. J. LAMBIE TO COLONIAL SECRETARY THOMSON. Commissioner of Crown Lands Office, Sir, Manero, llth January. 1843. I have the honor to Report, for the information of His Excel- and in district lency the Governor, in reference to your letter of the 2d July, 1841, °f Manero. accompanying papers respecting the Aborigines, that little change has taken place in their condition in this District during the past year. Some of the Tribes, particularly those on the Const, continue, as formerly stated, occasionally to assist in sheep washing, Hoing and Reaping; but their services cannot be relied on, for, when most required, they are frequently found to be absent on some hunting or shooting excursion. Three of the young men accompanied some of the parties, who first took stock into Gipps' Land, and have remained there acting as Stockmen; one of them now owns several head of Cattle, which 650 HISTORICAL RECORDS OF AUSTRALIA.

1843. he has received in compensation of his services, and which appear 3 April. to attach him to his employment; but the others seem less con­ tented, and intend to return to their Tribes. The Census. herewith forwarded is exclusive of Gipps' Land. There the Natives have not yet come in communication with the Stock owners, and no correct estimate could toe obtained of the number, but which I have reason to think is considerable. I have, &c, JOHN LAMBIE. C. C. Lands. [Sub-enclosure.] Census of CENSUS of the Aborigines in the District of Manero for the year aborigines in district 1842, accompanying letter to the Honble. The Colonial Secre­ of Manero. tary, dated llth January, 1843.

Males. Females.

Names of Places usually frequented. Above Under Above Under 12 years 12 years 12 years 12 years of age. of age, of age. of age.

Tolbodildo 7 Norawa .... 14 8 10 3 Boat Alley, Borgalia and Gundary 80 20 40 12 Wendilla, Marabrine and Bowerga 16 15 9 9 Twofold Bay 34 13 22 8 Cape Howe ; 16 1 10 3 Pambula 9 1 3 i Biggah. 62 20 55 20 Omeo 50 20 30 lb Maharatta 20 6 16 2 Mowenbar 12 •i 10 2 Snowy River 25 7 20 3

345 121 231 90

[Enclosure No. 6.] Report re REPORT on the Condition of the Aboriginal Natives of the aborigines in district of Murrumbidgee District. Murrumbidgee. 1st. Supposed number of Blacks in the Murrumbidgee District— One thousand five hundred. 2d. Temporary Residence—At Tumut, 50; Mungaboreena, 100; Courang, 50; Howlong, 100; Munenmurrenbong, 50; Gulpha River. 200. 3d. Change in their Social Condition. As yet in this District, they have shown but little value for social comforts. Two young men named " Matong Jamie " and " Tommy," the latter the son of the Chief " Bengelimong," have been murdered by treachery, and a female child belonging to an old Man " Mickey" carried off at night by hostile Blacks. I lament to report that Infanticide Still continues frequent amongst them; and I have recently discovered that they kill all the half caste male Children. 4th Schools. No establishment of this nature in the District, and, to do any good in the reformation of the Aboriginal Natives, Mis­ sionaries must learn the Native language and go beyond the settle­ ments, and remain with the Tribe, and endeavour to instruct the GIPPS TO STANLEY. 651 Children, and securing the Tribe -to which they might attach them- ig^s. selves from all restless apprehension of an onslaught from another 3 April. Tribe by having a small protecting force near them. 5th. State and Prospects. Living chiefly by Hunting and Fishing, and many of them wandering from Station to Station, afraid to remain long at any one Station for fear of incurring the dislike of those of their Tribe, who, from various causes, may not have gained the same favor with the whites. HENRY BINGHAM, Commr. Crown Lands. [Enclosure No. 7.] YEARLY Report upon the Condition, etc., of the Aborigines Report re inhabiting the Lachlan District. in district Border Police Office, Binalong, 2©th January, 1843. of Lachlan; I DO not consider the condition of the Natives improving, neither do their habits in any material point change. I have frequently endeavoured to persuade the Aborigines to remain at my Station for the purpose of giving them instruction ; but they have invariably left after remaining a few months, and taken to their wandering habits through the Bush. There are from seven to eight hundred Blacks in the Lachlan Dis­ trict. They have no particular place of residence, but generally camp upon the banks of the Rivers, remaining only two or three days in the same place. There is no change in the social condition of the Natives; they lead a wild and wandering life, males and females living in the same camp. The men have two or three wives called "gins." Fights frequently take place between the different Tribes, when the strongest party carry off -the " gins " belonging to the other. The present state of the Natives is rather better than formerly, owing to the kindness they receive from Government in issuing Blankets, etc. The settlers are also very good to them, occasionally supplying provisions, particularly meat, which prevents the Blacks from spearing and driving the Cattle from their runs; and no dis­ putes take place between the men in charge of the Stock and the Aborigines. I do not consider there is any great hope that the future pros­ pects of the Natives will improve, as they have such a great dislike to remain long in one place, or to labour of any kind; and I think, as the Country becomes inhabited, they gradually disappear. I have endeavoured to obtain Children from the different Tribes "for the purpose of sending them to School, but have never succeeded. EDGAR BECKHAM, Commr. Crown Lands, Lachlan. [Enclosure No. 8.] MR. R. G. MASSIE TO COLONIAL SECRETARY THOMSON. Commissioner of Crown Lands' Office, Sir, McLeay River,fith Jany. , 1843. I have the honor to enclose the accompanying Report on and of the Aborigines of this District, and regret that, in consequence of Macleay river. my having been here only for such a very short time, the informa­ tion I can afford is so very trifling. The Blacks immediately on the McLeay from Trial Bay up to Mr. Hitchcock's station on the head of that River, a distance of about one hundred and twenty miles, are fast diminishing in 652 HISTORICAL RECORDS OF AUSTRALIA.

1|43.- numbers; they appear harmless and inoffensive, although totally prl' disinclined to work; this partly arises from subsistence being so Report re easily obtained from the quantity of fish in the River, and partly aborigines from the indolence of disposition peculiar to their race, and which MacleayViver • tne settlers in this District appear to have taken but little pains to combat against. In the more distant parts of my District, at the Nambucca, Bel- lingen Rivers, etc., the Natives are much more numerous, altho' they steadily avoid all intercourse with the white population. This arises from the wanton aggressions committed on them by the Sawyers, upon their first going to the Nambucca, and which the Blacks appear to remember; since however I have taken charge of the District, I have not been aible to hear of a single instance in which they have been molested. On myfirst comin g up, the Police took one Black prisoner, who was accused of having killed several white Shepherds on this River some years back. I forwarded him to Port Macquarie, where he was detained in Gaol for about three weeks; but, as no one could identify him, he was discharged; he is now in the District, and appears perfectly harmless and well be­ haved. ROBERT GEO. MASSIE, C. C. Lands. [Enclosure No. 9.] MR. 0. FRY TO COLONIAL SECRETARY THOMSON.- Commissioner of Crown Lands Office, Sir, Clarence River, 24th Feby.. 1843. and 0f As this is thefirst Repor t which I have had the honor to lay Clarence river, before you. exclusively relating to the Aborigines in this District, I shall premise my observations by Stating what I conceive to be their number and distribution throughout the tract of Ceuntry at present under my charge. The subsistance of the Natives in this Portion of the Colony being in a great measure derived fromfishing, th e localities which they inhabit are consequently the immediate banks of the Rivers Clar­ ence and Richmond, together with those of several minor Streams running into them. The vicinity of the Clarence, including its numerous sources, I have observed to be occupied by seven distinct Tribes, each varying fromfifty t o one hundred andfifty i n number. The Richmond, being in point of magnitude considerably inferior to the Clarence, sustains a population proportionate to its extent; four Tribes, amounting perhaps to four hundred individuals, appear­ ing to have been its sole possessors previous to the arrival of the Europeans. Owing to the dense and impervious Brush, with which the Country to the Northward of the Richmond is covered, it has hitherto been found quite impossible to explore it; I am therefore necessarily ignorant as to the precise situation of its occupants; but, judging from its extent, I conceive that, throughout the entire District of Clarence River, the Aborigines may be safely stated to exceed two thousand in number. The manners and customs of the primitive inhabitants of New South Wales are so generally known and so very similar, that I consider it superfluous to allude further than to such distinctions as appear to me to exist between the Tribes on the Clarence, and those I have known in other Districts.; the most striking of which is the disinclination they evince to almost any intercourse with the settlers, a circumstance rather difficult to account for as I believe them to have been invariably treated with kindness and humanity; GIPPS TO STANLEY. 653 the fact however is manifested by the exceeding unfrequency and 1843. the short duration of their visits to the Stations; nor can they be *3 April. prevailed on to allow a white person to approach their Camps, and jfepor7^" in no instance have they ever became domesticated or attached aborigines themselves to any of the establishments on the River. A great in district of scarcity of Arms and a want of energy is also apparent when con- clarence nver '• trasting them with other Tribes; but both these circumstances may be attributed to their food, which consisting principally of Fish and Honey is procured with facility, and without the aid of those wea­ pons so indispensable where the Kangaroo and Emu are the chief means of existence. Referring to their conduct and demeanour to­ wards the European Residents in the District, I regret to State that, during the last twelve months, besides some inconsiderable Thefts, Three outrages connected with Murder have been com­ mitted by them, each equally unprovoked, and all exactly corre­ sponding in the details of their execution. However, as steps have been taken to prevent aggressions of so melancholy a description in future, I am induced to believe that their recurrence need not be anticipated. 1 have, &e, OLIVER FRY. [Enclosure No. 10.] MR. G. J. MACDONALD TO COLONIAL SECRETARY THOMSON. Crown Commissioner's Office, Sir, New England, 13th Jany., 1843. In conformity with the Instructions conveyed to me in your and of New- letter of 2d July, 1841, I do myself the honor of transmitting you, Ln&land- for the information'of His Excellency the Governor, this my second Annual Report of the condition -and prospects of the Aboriginal Tribes frequenting the District of New England. It would be adverse to the fact, if I were to affirm that any general progression or improvement had been manifested during the past year in the Moral or Social condition of this indigenous People; or that, there is much probability of any material amelioration taking place in future among so scattered, distrustful and dis­ united a race; and more especially in the absence of any public institutions for the advancement of such a laudable purpose; yet I am happy in again being enabled to state that in one great and paramount particular, viz., the diminution of hostile feeling and outrage on the part of the •Shepherds and Stockmen towards the Aborigines, and the comparative cessation of their attacks on the life and property of the Europeans (in which, former years were ever so rife and prolific of frequent and savage retaliations) a marked and undeniable improvement is • every where apparent; the only instance of the contrary, that has come to my knowledge since my last report, having been an attack of three Natives upon three Labourers at the Station of a Mr. Nowland in March, 1842, in which two of the Labourers were killed and the third narrowly effected his escape; and it would appear from the evidence of the survivor that these unfortunate men lost their lives almost or entirely from their utter want of all courage and self possession; and, altho' I exerted every effort in the course of the Investigation to elicit and disentangle the truth of the cause which induced and originated this outrage, it was without avail; yet, from its occurring on a newly formed and isolated Station, the probability is that these men were either looked upon by the Natives and treated as 654 HISTORICAL RECORDS OF AUSTRALIA.

1843. intruders and enemies, or that it was in retaliation of some old 3 April. ' offence committed upon them in former years; for the Revenge of Report re the Australian savage lives a life of long duration, and it is ever aborigines their custom to take that revenge whenever and wherever the oppor­ in district of New England. tunity may offer. In numbers, the Tribes do not appear to have suffered any diminu­ tion, either from the ravages of disease or War. Their intercourse with the stock holders seems to he more frequent, and on a more trustful and friendly footing than formerly; indeed there are but few Stations in the District that have not now one or two Natives constantly on the establishment; and it has become a common and constant practice with the Proprietors in their .journies to take one with them as an attendant or servant; but, as labourers and shep­ herds, they are not, I regret to say, so generally or so advantage­ ously employed as I think they might be. In conclusion. I beg to state that, on all occasions of their visit­ ing the Border Police Station, it is my earnest endeavour to encour­ age and promote that good feeling that seems mutually to be grow­ ing up between the two Races, and in my official and ordinary intercourse with them to carry but, as much as may be in my power, the humane and enlightened Instructions of Her Majesty's Government. j haye> &c< G. J. MACDONALD, Commissioner of Crown Lands. [Enclosures Nos. 11 to .16.] [These were reports on the aborigines in the districts of Port Phillip and Portland bay, copies of which icill he found in a volume in series III.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 47, per ship Royal (jeorge; acknowledged by lord Stanley, loth December, 1843.) 5 April. My Lord, Government House, 5th April, 1843. Payment of I have the honor to report to Your Lordship that I have law expenses caused payment to be made out of the funds of this Colony of on order of C Bourchier. the sum of £224 3s. 10d., being the amount of Law expences in­ curred by an order addressed to the Attorney General of New South Wales by Mr. Charles Bourchier, Assistant Solicitor to the Treasury, dated the 10th June, 1841. Not having received any instructions, either from Your Lord­ ship or the Lords of the Treasury, on the subject to which Mr. Bourchier's letter relates, I declined in thefirst instanc e to inter­ fere in it, or to authorize the payment of any money on account of it; but the hardship of keeping the parties out of their money being represented to me, I subsequently consented to do so, taking by way of precaution a Bond for repayment of any portion of the charges which may be disallowed by the Lords of the Treasury. STANLEY TO GIPPS. 655

I transmit herewith Copies of the most important papers 1843. relating to this business, but offer no comment on them, consider­ ing that such explanation, as the Lords of the Treasury may re­ quire, can best be afforded by Mr. Bourchier. I hay e-in conclusion to request Your Lordship's authority for Request for repaying to the Colonial Treasury the amount above stated, fromrniutary £224 3s. lOd. out of the Military Chest. I have, &o, chest- GEO. GIPPS. [Enclosures.] [Copies of these papers are not available.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 49, per ship Maitland.) Sir, Downing Street, 6th April, 1843. 6 April. I have the honor to transmit to you, herewith, a Warrant Warrant for

under Her Majesty's Sign Manual, authorising you to-cause for Jehads! Letters Patent to be passed under the Public Seal of the Colony of New South Wales, appointing Captain Joseph Childs, of the Royal Marines, to the office of Superintendent of Norfolk Island. I have, &e, STANLEY. [Enclosure.] [A copy of this warrant is not available.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch marked "Private," per ship Maitland.) Sir, Downing Street, 6 April, 1843. I have received your Dispatch, No. 177 of the 24th of Despatch September last, reporting the execution of the Native named actoowielJged- Figara, alias Allipute, alias Noger, for the Murder of Mr. Codd. You also enclose a Copy of the Minute, which was made by the Executive Council when the Report of the Judge on the case of the Prisoner was brought under consideration. It is not without hesitation that, in a case of this kind, I Criticism« express my doubt as to the Wisdom of the course which has been aboriginal0 taken, as I am perfectly aware that it was adopted by you in murderer. reluctant obedience to what you regarded as an indispensable public duty. I, therefore, do not hazard the expression of my doubts on the subject in a Public Dispatch; but, in this private form of com­ munication, I think it right to observe that Mr. La Trobe ex­ pressed his opinion that the Murder had been occasioned by such a provocation as would greatly extenuate, though it might not HISTORICAL RECORDS OF AUSTRALIA,

1843. justify the Act, an apology of peculiar force in the case of a 6 April. Savage. On what ground, Mr. La Trobe attributed the offence Criticism re execution of to such a cause is not explained; but it does not appear that, in aboriginal the deliberations of yourself and the Executive Council on the murderer. subject, any notice was taken of Mr. La. Trobe's statement, or that any enquiry was instituted to ascertain the accuracy of it. If so material a plea in the Prisoner's favor was really over­ looked or unheeded, it would be difficult to justify the execution of the Capital Sentence. If it was not overlooked, some Record ought to have been preserved and transmitted of the reasons, on which it was overruled. These are always both painful and difficult cases. The application of our Law to punish the Crimes of Savage Men is probably inevitable; but you, I am well assured, will concur with me in thinking that in every such Case the necessity should be distinctly established. I have, &c, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 48, per ship Royal George; acknowledged by lord Stanley, 2nd September, 1843.) 7 April. My Lord, Government House, 7th April, 1843. Transmission of I have the satisfaction to forward herewith to Your Lord­ address from ship a Copy of an address from the Members of the Legislative legislative council. Council of New South Wales, which was presented to me on the 28th ulto., as also a Copy of my Answer to the same. In my Despatch of the 24th Feby. last, No. 34, I reported that the Session (in all probability the last) of the Legislative Council had been closed, the Act having been passed, which I introduced to regulate the election of Members of the New Council to be established under the provisions of the 5th and 6th Vict., C, 76. I have, &c, GEO. GIPPS. [Enclosure.] [This address was printed in the " Votes and Proceedings" of the legislative council.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 50, received via Port Phillip.) io April. Sir, Downing Street, 10th April, 1843. Transmission I have received from the Superintendent at Port Phillip c. J. La Trobe. a Communication, of which the enclosed is a Copy, on the sub­ ject of a representation, also enclosed, from Mr. Howitt, of STANLEY TO GIPPS. 657 certain circumstances by which he considers himself to have been 1843 aggrieved in the purchase of Land at Melbourne. The claim seems to be grounded on the following circumstances:— In June, 1840, Mr. Howitt purchased nearly 100 acres at a claim by distance of 5 miles from Melbourne for about £600, or at the repurchase rate of about £6 per Acre. Shortly afterwards arrived Instrac- ofland- tions which established afixed an d uniform price of £1 per Acre on Lands at Port Phillip. Mr. Howitt thereupon contends that either he ought to be paid back £500 in money, or else to have 500 acres given him in Land. I need scarcely say that I agree with Mr. Latrobe that no such Refusal demand could be admitted, and you will inform Mr. Howitt of my decision to that effect. I am, &e, STANLEY. [Enclosure No. 1.] MR. C. J. LA TROBE TO LORD STANLEY. Superintendent's Office, My Lord, Melbourne, lst Augt., 1842. In acknowledging the receipt of a despatch from Her Ma- Report by jesty's Secretary of State, dated the 6th August, 1841, informing c- J- ^ Tr°be me that his Lordship had received a letter from Mr. Richd. Howitt, R. Howittrc dated the 27th of February, 1841, bringing under His Lordship's purchase consideration certain circumstances by which he conceived himself ° aggrieved in the purchase of Land at Melbourne; and further desiring that, as this communication had been transmitted to His Lordship without passing thro' my office, I would apply to the writer foif a copy of it, and forward such copy with my report, it is my duty -to state that, having called upon Mr. Howitt for a copy of the above letter, I am given to understand that, as the original draft was mislaid or destroyed, it was out of his power to furnish it to me. To the best of Mr. Hewitt's recollection, however, the pur­ port of the communication was as follows:—That, at the Govern­ ment Land Sale by Auction at Melbourne in June, 1840, Mr. Howitt purchased an allotment of 95 Acres at the price of £6 8s. per Acre making a total of £608; that shortly after this period, by instruc­ tions from the Secretary of State, the uniform price system was determined upon, and therefore Mr. Howitt considered that, as any of the unsold Crown Land adjoining might be purchased at £1 per acre, it was but just that the sum of £513 should be refunded to him or that 500 additional acres should be awarded. It is perhaps unnecessary to Observe further upon this demand than that, under any circumstances, it could not be acceded to. However much reason Mr. Howitt may have to consider himself aggrieved, in common with all the purchasers of Land at Sales by auction, by the sudden and unforeseen change of system, the regu­ lations, laid down by His Excellency the Governor, that no Land within 5 miles of the -township of Melbourne should be sold under the uniform system, was a measure that protected the interests of SER. I. VOL. XXII—2 T 658 HISTORICAL RECORDS OF AUSTRALIA.

1843. 10 April. Mr. Howitt as well as by far the greater majority of those who had purchased Crown Lands at a similarly high price under the first system of Sales by auction. I have, &c, C. J. LA TROBE. [Enclosure No. 2.] MR. R. HOWITT TO LORD JOHN RUSSELL.

Application My Lord, Melbourne, Australia Felix, 27 Feby., 1841. by R. Howitt Before I left England, I solicited an official appointment, re purchase thinking it not impossible for one Poet, altho' a statesman, to assist of land. another Poet. I have now another request to make which is briefly this that you would direct £513 to be returned to me from the Colonial Land Fund or otherwise order 513 acres of the unsold Crown Lands in the District to be put into my possession by the Government Agents at the Land office in Melbourne. The 513 Acres will make me an equitable compensation as it re­ gards the New Law of £1 per Acre about to take place here. I shall then have 608 acres of Land for the 608 Pounds which I paid for 95 Acres of Land to the Government Agents in Melbourne. Justice in the Governor of a great nation is a good example for the people. My Lord, there have been great names in the House of Russell. Wise Patrons of literary persons and of Literature, but it seems that I am to date my ruin from your Legislation. My whole Capital is at stake and on this account I have written boldly what I strongly felt, openly and publicly. I am, &c, RICHARD HOWITT. P.S.—The Land was purchased at the Governt. Sale June 10th, 1S40, and isfive miles from Melbourne.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 50. per ship Royal George.) 11 April. My Lord, Government House, llth April, 1843. Transmission Referring to the Despatch No. 1, which was addressed of returns re to Your Lordship on the lst ulto. by the Colonial Secretary dur­ intestate estates from ing my absence from Sydney, I have now the honor to forward Port Phillip. two Returns, which have been received from Port Phillip, of all Estates of Intestates, which have in that District been placed for collection under the charge of the Deputy Registrar of the Supreme Court. Should the Returns forwarded by the Colonial Secretary have been, agreeably to the desire of the Judges, published in the London Gazette, I would beg to submit to Your Lordship the propriety of also publishing the present Returns. I have, &c, GEO. GIPPS. [Enclosures.] [Copies of these returns are not available.] STANLEY TO GIPPS. 659

SIR GEORGE GIPPS TO LORD STANLEY. ,„1?43-., 13 April. (Despatch No. 51, per ship Royal George; acknowledged by lord Stanley, 14th March, 1844.) My Lord, Government House, 13th April, 1843. I have the honor to forward herewith Copies of the fol- Transmission lowing documents lately received from Captn. Macarthur at Port pVrtEssington. Essington:— 1. A Report, dated the 20th Sept., 1842. On the subject of this report, I would beg leave to refer to Lord J. Russell's Despatch to myself of the 27th June, 1841, No. 296, and to my replies to the same of the 5th May, and 3rd Septt., 1842, Nos. 80 and 155. 2. A further report, dated the lst Octt., 1842, with a return of the mean temperature of each month, in the four years that Captn. Macarthur has passed at Port Essington. These accounts are, I consider, on the whole satisfactory; and Request for I consequently venture to repeat the expression of my hope that oTsrttieme^it. the Settlement may not be abandoned. I have, &c, GEO. GIPPS. [Enclosures.] [Copies of these reports will be found in a volume in series III.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 51, received via Port Phillip.) Sir, Downing Street, 14 April, 1843. 14 April. With reference to my Dispatch No. 30 of the 27th Febru- Allowance of ary last, I have now to acquaint you that the Queen has been quarantine act. pleased to confirm and allow the Act of your Government, No. 12, entitled, "An Act to amend an Act for subjecting Vessels coming to New South Wales from certain places to the performance of Quarantine." With regard to the Act, No. 18, entitled, "An Act further to Act to amend amend an Act entituled an Act for the better preservation of the T °ursac t Ports, Harbours, Havens, Roadsteads, Channels, Navigable Creeks, and Rivers in New South Wales, and for the better regulation of Shipping in the same," I have to observe that it confers certain exceptional advantages as to Pilotage to par­ ticular Classes of Vessels. These Advantages are as follows:— Advantages 1. No Pilotage shall be charged on any Vessel registered in toIpnotage.S Sydney, or on any Steam Vessel while employed respectively on 660 HISTORICAL RECORDS OF AUSTRALIA.

1843. the Coasting Trade from any one Port of New South Wales to 14 April. another, unless the Master shall require and receive the Assist­ Advantages conferred as ance of a Pilot. to pilotage. 2. The Schedule of Pilotage dues also contains the like exemp­ tion of Vessels registered in Sydney and not exceeding 50 Tons registered Tonnage. 3. With respect to Port Phillip, it is enacted that all Vessels, being regular Traders and registered in Sydney or Van Diemen's Land, entering or departing from the said Harbour of Port Phil­ lip, shall, whether they take a Pilot or not, pay one fourth of the prescribed rates for the time being of Pilotage so prescribed as aforesaid. I am not prepared to object to the exemption of Coasters Objections to from Pilotage; but I conceive that the general exemption from exemptions from pilotage. Pilotage dues of Vessels under 50 Tons registered at Sydney, and the advantage given in respect of such dues ih the Harbour of Port Phillip to Vessels being regular Traders (which are not necessarily Coasters) registered in Sydney or Van Diemen's Land, is contrary to the 14th Section of the Passengers Act inasmuch as British Vessels, not owned in one of those Colonies, cannot participate in this exemption or advantages. I am also of opinion that, if it should so happen that the Pro­ prietor of a Vessel, registered in the United Kingdom or any other Colony, should thinkfit to employ it in the Coasting Trade of New South Wales, and the Ownership should be such as not to admit of the registry being changed, these would not be sufficient grounds for -placing such Vessel on a less advantageous footing than those actually registered at Sydney. I am, therefore, of opinion that, although thefirst o f the above mentioned advantages does not contravene the 14th Section of the Passengers Act, it is nevertheless objectionable. Where exemptions of this nature apply to voyages which are not Coasting Voyages, or Voyages between the Colony and other parts of Her Majesty's Dominions, such exemptions must not be confined to British Vessels, but must apply under like circum­ stances to Vessels of these Countries with which her Majesty may have Treaties of Reciprocity, when such Treaties extend so far as to require equalization of Shipping Dues in Colonial Ports. Disallowance of Her Majesty has, therefore, been pleased to disallow the Act; harbours act. and you will propose to the Legislative Council the enactment of a Law free from those objections which I have pointed out. I am, &o, STANLEY. GIPPS TO STANLEY. , 661

LORD STANLEY TO SIR GEORGE GIPPS. ^Iprii (Despatch No. 52, received via Port Phillip.) Sir, Downing Street, 15 April, 1843. I have received your Dispatch No. 158 of the 6th of Sep- Memorial , tember, 1842, forwarding a Memorial from Mr. Terence Aubrey T. A^Murray. Murray, on behalf of his sister Mrs. Bunn, complaining of the amount of compensation, which had been awarded to Mr. Bunn's Estate for certain Land, which had been withdrawn from him in the year 1836. You will acquaint the Memorialist that, after a careful con- Refusal to sideration of the case, I can see no ground for increasing the compensation. amount of the compensation which had been offered. I have, &c, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 52, per ship Royal George.) My Lord, Government House, 15th April, 1843. Having had the honor to receive Your Lordship's Des- Transmission patch, No. 107 of the 17th May, 1842, I caused, as therein complaint of directed, the Post Master at Melbourne to be called on for such w'w' Dunn' explanation as he might be able to offer, respecting a letter which had reached Mr. W. W. Dunn with the seals broken; and I have herewith the honor to submit to Your Lordship Copies of two letters relating to this matter, one from the Post Master General (Mr. Raymond) to the Colonial Secretary, the other from Mr. David Kelsh, the late Post Master at Melbourne, to Mr. Kemp, the present Post Master at that place. I have, &c, GEO. GIPPS. P.S.—The Envelope which was enclosed in Your Lordship's Despatch is returned. G.G. [Enclosure No. 1.] MR. JAMES RAYMOND TO COLONIAL SECRETARY THOMSON. Sir, General Post Office, Sydney, 27th Feby., 1843. In acknowledging the receipt of your Letter of the 20th Report re October, enclosing a Copy of a Despatch from the Secretary of .j^y^d State dated 17th May, 1842, No. 107, respecting a Letter received by Mr. W. W. Dunn, both Seals of which are stated to have been broken open and the enclosures abstracted. I now do myself the honor to inform you that, having referred to the Postmaster of Melbourne for his Report, it appears that the letter alluded to was forwarded by way of Launceston, Van Die- men's Land in the Ship " St. George," and Mr. Kelsh, who was 662 HISTORICAL RECORDS OF AUSTRALIA.

1843. Postmaster of Melbourne at the time, asserts that it was des­ 15 April. patched by him as received which statement Mr. Edward C. Dunn, Report re the Writer of the Letter, believes to be correct. complaint by Under these circumstances, I can only come to the conclusion that J. Raymond; Mr. Dunn inadvertently omitted to enclose the Document alleged to have been in the Letter or that, as suggested by the Postmaster of Melbourne, the Letter may have adhered to another as is fre­ quently the case, and in separating them in the Post Office on arrival in England the Seals may have been accidentally broken, and probably the enclosures lost in its transmission subsequently. I should have answered your Letter ibefore, but I was desirous of obtaining the Statement of the late Postmaster of Melbourne now enclosed, which I only received this day in consequence of Mr. Kelsh having become a Settler some distance in the Interior. I have, &c, JAS. RAYMOND. [Enclosure No. 2.] MR. D. KELSH TO MR. H. D. KEMP. and by Sir, Melbourne, 17th February, 1843. D. Kelsh. In reference to Mr. Dunn's complaint as to delay in the forwarding hence for London a Letter, said to have been posted by him in August, 1841, and again in reference to the loss of the Documents said to have been enclosed therein, I request you will lay before Mr. Raymond my Statement as follows:— As regards the supposed delay in the transmit of the Letter, I have some slight recollections and Mr. Dunn, whom I have seen on the subject, says he cannot deny but that such was the case, that, altho' the letter was marked via Sydney, yet, learning at the time of posting it, there was a probability of an early Mail for London by the St. George via Launceston, he determined upon having it sent by the latter conveyance, the " via Sydney" having been omitted to be marked out. The -Letter would accordingly be put by for the Mail per iSt. George, and the delay till October must have arisen from advices having reached me per Corsair Steamer, which traded regularly between Melbourne and Launceston at that time, of protracted delay in her time of Sailing, and thefirst Mai l for the St. George, by which it had been arranged the letter should be sent, has been that of the 1st November, which it went; with respect to the loss of the Documents said to have been forwarded therein, I can only assert in the strongest terms that the letter was for­ warded in the same manner in which it was posted here, and I am prepared to support that by affidavit, if necessary. Letters for London Mails frequently adhere together by the Seals upon arrival here, and the like will of course be the case upon crrival there of Mails from this Port; and the Seal of Mr. Dunn's Letter may have been broken in separating it from another. This is the closest explanation I can give at this remote period, and I trust it may prove satisfactory. j have &C- DAVID KELSH. I HAVE read the foregoing Letter of Mr. Kelsh's; and, upon further consideration and so far as my Memory will serve, I believe his Statement to be correct. EDWARD C. DUNN. GIPPS TO STANLEY. 663

LORD STANLEY TO SIR GEORGE GIPPS. 1SiZ- 16 April. (Despatch No. 53, received via Port Phillip.) Sir, Downing Street, 16 April, 1843. I have to acknowledge the receipt of your Dispatch No. 198 Address from of the 23d of October last, forwarding a loyal address of con- Australia gratulation from the Moderator and Synod of Australia on Her acknowle(teed- Majesty's escape from the attempt, which was made on Her Ma­ jesty's life in the month of May, 1842. Having had the honor of laying this Address before The Queen, Her Majesty has commanded me to direct that you would express to the Moderator and Synod the. satisfaction, which Her Ma­ jesty has experienced at receiving that Address. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 54, received via Port Phillip.) Sir, Downing Street, 17 April, 1843. " April. I have received your Dispatch No. 200 of the 26th of Letters of October, 1842, in which you request permission to issue letters of authorised 01 K v< Denization to the Revd. John' Christian Simon Handt, a" native j 'c | Handti of Germany, who is desirous of qualifying himself to hold Land in New South Wales. I have to convey to you my authority for issuing to that Gentleman letters of Denization under the Local Act of the Colony. I have, &c, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 53, per ship St. George; acknowledged by lord Stanley, 30th September, 1843.) My Lord, Government House, 17th April, 1843. I have the honor herewith to forward, for the Gracious Transmission approval of Her Majesty, Three Acts passed by the Legislative council.0* Council of this Colony in its late extraordinary sitting whereof the commencement was reported in my Despatch, No. 18 of the 25th January, and the close in that of the 24th Peby. last, No. 34. 6th Vict., No. 16.—" An Act to provide for the division of the Electoral act. Colony of New South Wales into Electoral Districts, and for the Election of Members to serve in the Legislative Council." This Act was passed pursuant to the instructions contained in Your Lordship's Despatch, No. 181 of the 5th Sept., 1842; and is supplementary to the Act of Parliament for the Government of New South Wales, 5th and 6th Vict., C. 76. 664 HISTORICAL RECORDS OF AUSTRALIA.

1843. It provides for the division of the Colony into Electoral Dis­ 17 April. tricts, the establishment of a Registration of Voters, the Issue and Return of Writs for the Election of Members of Council, and for the trial of contested Elections. In the formation of Electoral Districts, no new divisions have been introduced, though it has been necessary in most cases to include two, and in some instances three, Counties in a District. There being 24 Members to be elected, it waa judged expedient that one Fourth of the whole should be chosen by Town Con­ stituencies, and accordingly, in addition to those of Sydney and Melbourne (which under the Act of Parliament are to return the former two Members, and the latter one), the three following con­ stituencies have been created, each returning one Member, namely, 1. The Town of Parramatta. 2. A District of Boroughs, or County Towns, contained in the County of Cumberland; 3. A District of Boroughs in the County of Northumberland. In the parts of the Act which relate to the Registration of Voters, it was necessary to entrust to the Clerks of the different Police Benches and Chief Constables the duties, which in Eng­ land are performed by the Overseers of the Poor; and, in the Revision of the Lists, the Magistrates of the Territory have, in order to save expense, been required to act instead of Barristers. Clauses from 36. to 48, inclusively, relate to the trial of Elec­ tion Petitions, and provide a Court for the purpose, which, though of a novel nature, may it is hoped be found to work in a satisfactory manner. Clauses from 49 to 54 relate to the detection and punishment of Bribery. The Act was passed very nearly in the form in which I pre­ sented it to the Council, few alterations, and those of an un­ important nature, having been made in it. Attached to the Act are two Circulars which I caused to be issued, for the guidance of Magistrates and Returning officers acting under it. Jury trials act. 6th Vict., No. 11.—"An Act to amend an Aet, passed in the fourth year of Her Majesty's Reign, intituled an Act to provide for the trial by Jury in Civil and Criminal Cases, in the Circuit and other Courts within the Colony of New South Wales and its Dependencies." This Act was passed pursuant to the instructions contained in Lord J. Russell's Dispatch, No. 304 of the 8th July, 1841, the object of it simply being to enable the Royal assent to be with propriety given to the Act of Council of 1840, 4th Vict., No. 28. STANLEY TO GIPPS. 665

The present Act ought to have been passed at the same time 18is- with the 6th Vict., No. 4 (transmitted with my Despatch No. 215 ef the 17th Novr., 1842); and I have to apologize for the over­ sight, to which only the delay whieh has occurred is to be attributed. 6th Vict. No. 18.—" An Act to remove doubts in respect to the Sydney and -exercise of certain powers by the Councils of the City of Sydney councils act. and Town of Melbourne, and to declare the competency of Wit­ nesses and the jurisdiction of Magistrates in certain cases within the same." This Act was, as its title imports, passed to remove doubts in respect to certain operations of the Acts, passed in the earlier portion of the Session of 1842, to incorporate the Towns of Syd­ ney and Melbourne. No matter of importance is involved in any portion of it. I trust that these Acts may, on your Lordship's recommenda­ tion, be graciously allowed by Her Majesty. I have, &c, GEO. GIPPS.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 55, received via Port Phillip; acknowledged by Sir George Gipps, 3rd October, 1843.) Sir, Downing Street, 18th April, 1843. is April. With reference to my Dispatch No. 208 of the 8th of No- Transmission terfrom vember, 1842, I transmit to you herewith the enclosed Copy of Hevd an Application from the Revd. Mr. Heptonstall for the usual T. Heptonstall. allowance for the passage of a Roman Catholic Clergyman to proceed from this Country to New South Wales to supply the vacancy occasioned by the appointment of the Revd. Mr. Murphy as Vicar General in the room of Dr. Ullathorne resigned. I also transmit a Copy of the answer which I directed to be returned to Mr. Heptonstall. I have, &c, STANLEY. [Enclosure No. 1.] REVD. THOMAS HEPTONSTALL TO LORD STANLEY. Mv Lord, Acton, 23d March, 1S43. Bv a letter dated Downing Street, Nov. 8, 1842, The Rt. Revd. Application for Dr. Polding had the honor of being informed that Your Lordship j^dergyman had notified to the Governor of New South Wales that Dr. Ulla- . thorne had resigned the Office of Vicar General, and that authority had been given to the Governor to pay to the Revd. Mr.-Murphy the Stipend allowed to that Office, on the understanding that Mr. Murphy should resign his Situation of Roman Catholic Chaplain to the Gaols at Sydney. By this arrangement a vacancy has been occasioned in the Roman •Catholic Establishment of New South Wales, and I respectfully 666 HISTORICAL RECORDS OF AUSTRALIA. i8.<3. solicit that the usual Sum for Outfit and Passage may be allowed 18 April. on my presenting the name of a Catholic Clergyman accompanied with satisfactory testimonials. I have, &c, THOS. HEPTONSTALL. [Enclosure No. 2.] UNDER SECRETARY HOPE TO REVD. THOMAS HEPTONSTALL. Sir, Downing Street, 18 April, 1843. Inability J am directed by Lord Stanley to acknowledge the receipt to grant of your Letter of the 23d Ultimo, in which you request that the application. usual Sum for Outfit and passage may be all-owed to a Catholic Clergyman to proceed from this Country to New South Wales, to supply the vacancy occasioned by the appointment of the Revd. Mr. Murphy as Vicar General in the room of Dr. Ullathorne resigned. His Lordship desires me to acquaint you, in reply, that, until he shall have been informed by the Governor of New South Wales of the actual resignation by Mr. Murphy of the Chaplaincy which he held previously to his appointment to the Office of Vicar General, and of no other person having been nominated to the Vacancy, it will not be in his power to sanction any grant for the passage of a Clergyman fromSI thiR GEORGs CountryE GIPP. S TO LORD STANLEYI have. , &c, (Despatch No. 54, per ship St. George.)G. W. HOPE. My Lord, Government House, 18th April, 1843. Despatch I have had the honor to receive Your Lordship's Despatch,, acknowledged. marked " Separate " of the 7th Sept., 1842, directing me to report on a letter which was addressed to Your Lordship's Under Secre­ tary on the 21st July last by the Commissioners of Colonial Lands and Emigration, on the subject of the Administration of the Lands of this Colony, which are situated beyond what are- called the "Boundaries of Location"; and I have accordingly to submit to Your Lordship the following observations:— There is perhaps no object of greater importance to the Colony than the due Administration of the Lands in question; and the various documents, referred to in the Commissioners' letter, will I trust shew that the matter has received due attention from this Government. Objects in administration The two Chief objects, to be looked to, are in my opinion the of lands beyond following:—First, to preserve the rights of the Crown to the boundaries of location. Lands, or, in other words, to guard against any prescriptive title to them being obtained against the Crown by virtue of the occu­ pation of them under License; and Secondly, to draw a Revenue from the Lands, whilst they are so held under Licenses of occupation. In respect to thefirst object, it is scarcely necessary for me to remark that we have not only to guard against a title by Legal GIPPS TO STANLEY. 667

1843 prescription, or one which might be considered good in equity R '-, against the Crown; but one also, which it might by general clamour be attempted to extort from the weakness of Government. r^AtToVcrown In respect to the second point, or that of drawing a Revenue Necessity for from the Lands whilst held under Lease or License, I would rising revenue. observe that, since our Land Sales have so remarkably fallen off, it is to this source that we must in a great measure look, if we desire to carry on Immigration without resorting to a Loan. Besides these two principal objects, there is in the Adminis- Difficulty in tration of these Lands what may be called an open question, the right of point involved in it being, whether or not some modified right in Pre-emPtl0n- the nature of that of preemption may not be given to parties, who, whilst in the occupation of such lands, may have erected buildings or made other improvements on them; this question is a difficult one to deal with, and I have always objected to the acknowledgment of any absolute right of preemption, because it would be scarcely possible to grant or acknowledge such a right without at the same time granting the right of the occupier to the undisturbed possession of the Land, up to the time when the right of preemption should commence. The Lands are the un­ questionable property of the Crown; and they are held in trust by the Government for the benefit of the People of the whole British Empire. The Crown has not simply the right of a Land­ lord over them, but it exercises that right under the obligation of a Trustee; and I have accordingly always insisted on my Assertion of

power to withhold, or withdraw a License, though of course not 0f license. ° in the spirit of favouritism or for any other purpose than that of the public good. But without ceding any right of the Crown, or renouncing any public advantage, some compensation might be given to a person, Proposal for who, having for a series of years held Crown Lands under a forimprove- License, may have erected buildings upon them, or otherwise ments- substantially improved them. This would, in fact, be only to give under certain restrictions, to a squatter, what in America is called the value of his " Betterments." I have frequently declared before the Public of this Colony my views respecting the Administration of the Lands of the Crown; and, having particularly done so on the last day of the Ordinary Session of the Legislative Council for 1842, I take the liberty Policy re lands „ , n , . -, -r i -IT i , of Sir G. Gipps. of enclosing a Copy of the speech which I then delivered, and which I caused to be printed, principally as an authentic record of my opinions on the important subjects which then came under the discussion of the Council in connexion with that of Immi­ gration. 668 HISTORICAL RECORDS OF AUSTRALIA,

1843. During the six months which have elapsed since my opinions 18 April. were thus delivered, nothing has occurred to produce any im­ portant alteration in them. I have, &c., GEO. GIPPS. [Enclosure.] [This speech was printed in the " Votes and Proceedings" of the legislative council.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 56, received via Port Phillip.) 19 April. Sir, Downing Street, 19 April, 1843. Inability to Having referred to the Lords Commissioners of the Trea­ reply to sury your Dispatch, No. 167 of the 14th September last, enclosing petition of B. G. Dunlop. a Petition from Mr. R. G. Dunlop of Sydney, complaining that his sufferance privileges had been withdrawn by the Collector of the Customs, I have been informed by their Lordships that, before they can form any opinion on the subject, they must await the receipt of further information and explanations, whieh the Collector of the Customs in New South Wales has been called upon to furnish. I am, &c., STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 55, per ship St. George.) My Lord, Government House, 19th April, 1843. Committee of The increase of the Legislative Council of this Colony council re from fourteen to thirty six Members having rendered necessary accommodation for new an increased accommodation for the Body, I beg to report to council. Your Lordship that, during the late extraordinary session of the Council, I appointed a Committee to enquire into and report how such accommodation could best be afforded; and the Report of this Committee I have now the honor to enclose. Erection of Your Lordship will perceive by it that the Committee recom­ new council mended the erection of a new Room* adjoining the present Cham­ chamber. ber, at the estimated cost of £2,000, and I have further to report that, as the accommodation will be required in the month of August next, the work is already in progress. Description There is one circumstance, however, connected with this Build­ of existing ing, which renders it necessary that I should bring the matter building. especially under your Lordship's Notice. The Building,* to which the addition is to be made, is the North Wing of what has long been called the General Hospital. Up to the year 1829, it was occupied as a Quarter for Medical Officers on the Civil or

* Note 55. STANLEY TO GIPPS. 669 Convict Establishment; but, in 1829, the larger part of it was ap- 1843. propriated by Governor Darling for the accommodation of the Councils, Legislative and Executive, established under the Con­ stitution created for the Colony by the 9th Geo. IV, C. 83, and, since 1829, one Medical Officer only has been accommodated in this Wing of the Building. The accompanying sketch will explain the nature of the whole Description of of the buildings known under the name of the General Hos- buiidings?spia pital, and which consists of a Central Body and two detached Wings. The Central Body is still occupied as a Convict Hos­ pital; the South Wing has been given over to the Sydney Dis­ pensary, under the authority contained in Lord J. Russell's Des­ patch of the 25th May, 1840, No. 66, and the North Wing is the building, which forms the subject of this Despatch. Respecting the buildings in general, the circumstances under which they were built, and the divided interest held in them by the Home and Local Governments, I would beg leave to refer to my own Despatch, No. 107 of the 25th July, 1839. What I would now respectfully solicit from Your Lordship is Proposed that I may have authority to regard in future the North Wing ofnorthwing. of this Building as belonging to the Colonial Government; and' that the whole of it may be appropriated to the purposes of the two Councils (Legislative and Executive), the Colony providing the Medical Officer, who now occupies about one third of it, with another and sufficient residence. The part of the building, which the Surgeon occupies, is in a very dilapidated state; and the whole Wing indeed is in want of extensive repairs. I should add that, though the building is nominally in charge of the Ordnance Officers, it stands on their Returns not as be­ longing to the Ordnance but to the Treasury. I have, &e, GEO. GIPPS. [Enclosure.] [The report of the committee was printed in the " Votes and Proceedings" of the legislative council.]

LQRD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 57, received via Port Phillip.) Sir, Downing Street, 20th April, 1843. 20 April. I have received your Dispatches of the numbers and dates Despatch noted in the margin* forwarding the usual demands for Stores, ac now e ge '

'Marginal note.—No. 148, 15 Aug., 1842; No. 166, 13 Sept., 1842; No. 170, 28 Sept., 1842. 670 HISTORICAL RECORDS OF AUSTRALIA.

1843. Stationery, and Printed Forms for Convict Services in New 20 April. South Wales for the year ending the 31st of March, 1844. Requisitions to Having referred these Dispatches for the consideration of the be fulfilled. Lords Commissioners of the Treasury, I have now to acquaint you that their Lordships have signified to me that they have given the necessary directions for the preparation and transmis­ sion to the Colony of the several Articles specified in the De­ mands, provided there shall not appear to be anything in the description or quantities of them unusual or unnecessary with reference to the services for which they are required. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 58, received via Port Phillip.) 21 April. Sir, Downing Street, 21st April, 1843. Withdrawal I have the honor to acknowledge the receipt of your Dis­ of despatch patch No. 197 of the 22d October, 1842, in which you report approved. that Mr. Le Soeuf, who had been suspended from the office of Assistant Protector of Aborigines at Port Phillip had been re­ instated in that office, and request that your Dispatch No. 135 of the 29th of July, 1842, reporting the suspension of Mr. Le Soeuf, may be cancelled. In compliance with that request, I have cancelled your Dis­ patch above mentioned. - I have, &c, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 56, per ship St. George; acknowledged by lord Stanley, 18th November, 1843.) My Lord, Government House, 21st April, 1843. Previous In forwarding a Memorial from the Water Police Magis­ despatches re trate of Sydney, I incidentally reported, in my Despatch of the smuggling at Broken bay. 30th August, 1842, No. 152, that a very large seizure of Spirits had been made in Broken Bay Harbour, situate about fourteen miles to the Northward of Sydney; and, from my despatches, No. 167 of the 14th Septr., 1842, and Nos. 39 and 41 of the 29th and 31st March last, some further particulars may be gathered of the nature of the smuggling transactions, which have been carried on in the locality alluded to. I have now to report to Your Lordship that, in consequence of the frequent transactions of this nature, carried on at Broken Bay, I have, at the urgent representation of the Collector of STANLEY TO GIPPS. 671

Customs, sanctioned the formation of a Custom House Station 1843. at that place, of which the strength and annual expense is stated —-1' below. Customs house station estab- I do not deem it necessary to go into any further particulars lishedat respecting this establishment, as they will doubtless be reported to the Commissioners of Customs by the Collector at Sydney. I may, however, add that more than ten years ago the formation of a Custom House Establishment at Broken Bay was under consideration; and that the correspondence, which then took place, may be traced at the Custom House in London, by refer­ ring to a letter from the Collector and Comptroller at Sydney to the Commissioners dated the 15th August, 1831. I have, &c, GEO. GIPPS. P.S.—Strength and annual expense of the Custom's Estab- Establishment lishment at Broken Bay. "Son. Officer's Salary (including £50 per annum to find £ s. d. himself a Residence and Buildings for the Boat's Crew, Watchhouse, ete.) 225 0 0 Free Coxswain at 2s. 6d. per day 45 12 6 Five Prisoners of the Crown at 6d. do 45 12 6 Six Rations at Is. 4d. per day each 112 10 0 Two suits of Clothing forfive me n at £2 each suit 20 0 0 £448 15 0 The above is exclusive of repair of Boats, etc. G.G.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 59, received via Port Phillip.) Sir, Downing Street, 22d April, 1843. 22 April. I have the honor to acknowledge the receipt of your Dis­ Despatch patch of the 28th of October, 1842, No. 202, forwarding a Me­ acknowledged. morial addressed to me by Mr. Thomas Scott Townsend, an As­ sistant in the Surveyor General's Department in New South Wales, praying that he may be promoted to the rank of Surveyor over the Heads of Messrs. Rawnsley and Wade. I have to direct that you will acquaint Mr. Townsend that I inability to regret my inability to comply with the prayer of his Petition, njotiont0 but you will inform him at the same time that I am happy to T- s. Townsend. receive from you a favorable report of his conduct and an ex­ pression of your readiness to give a fair consideration to his claims for promotion as occasion may offer. j have &c

STANLEY. 672 HISTORICAL RECORDS OF AUSTRALIA.

18*3. SIR GEORGE GIPPS TO LORD STANLEY. 23 April. (Despatch No. 57, per ship St. George.) My Lord, Government House, 23rd April, 1843. Despatch I have had the honor to receive Your Lordship's Despatch, rfsMprKa. No- 188 of the 13th SePt1;- last> witn which were transmitted to me copies of various papers, relating to the detention of the Emi­ grant Ship " Theresa " at Pernambuco, in the months of Febru­ ary, March and April, 1842; but, having in my Despatch of the 3.0th Septt., 1842, No. 180, reported the arrival of this Vessel at Sydney, and the measures which I had taken to secure the repay­ ment of the expenses on her account at Pernambuco, I presume it is only necessary for me to refer to that Despatch. I have, &e, GEO. GIPPS.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 60, received via Port Phillip.) 24 April. Sir, Downing Street, 24th April, 1843. Despatch I have the honor to acknowledge the receipt of your Dis­ acknowledged. patch No. 201 of the 27th October, 1842, forwarding a statement addressed to me by Mr. Robert Dixon in explanation of the charges preferred against him, which led to his removal from the office of Assistant Surveyor in New South Wales. Decision Your will acquaint Mr. Dixon that, after an attentive con­ confirmed re sideration of that statement and of the remarks from yourself R. Dixon. by which it is accompanied, I am compelled to adhere to the decision on his case which was communicated to you in my Des­ patch of the 28th December, 1841. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (A circular despatch, received via Port Phillip.) Sir, Downing Street, 24th April, 1843. Death of It has become my melancholy duty to communicate to you H.R.H. Duke the intelligence ®f the decease of His Royal Highness The Duke of Sussex. of Sussex, which took place at Kensington Palace on Friday, the 21st instant. I have, &e, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 61, received -via Port Phillip.) 25 April. Sir, Downing Street, 25 April, 1843. Transmission I transmit to you herewith the Copy of two Reports from of reports. the Commissioners of Land and Emigration, enclosing Copy of a Representation from Mr. Patrick Wood, the purchaser from that STANLEY TO GIPPS. 673

Board of a Land order in the Port Phillip District of New South 1843. r 25 April. I should wish to receive any observations which you may have to offer on this statement; and, in the meantime, I have to direct instructions re that, unless there be any objection which cannot be foreseen land orders. here, the Holders of Orders from the Land and Emigration Board shall be offered an option of tendering them at any sale of public Land, whether by Auction or otherwise, as equal to the amount of money which was paid for them in this Country instead of the parties being restricted to merely selecting an equivalent amount of Country Lands. I have, &c, STANLEY. [Enclosure No. 1.] LAND AND EMIGRATION COMMISSIONERS TO UNDER SECRETARY STEPHEN. Colonial Land and Emigration Office, Sir, 9 Park St., Westminster, 13th April, 1843. We have the honor to transmit for Lord Stanley's informa- Transmission tion the enclosed copy of a representation from Mr. Patrick Wood, °{""P1™' who purchased a Land Order on Port Phillip from this Board. ^regulations In September, 1840, Mr. Wood paid at this Office two sums of for land orders. £640 each, for which he obtained orders for himself and his brother in Law, Dr. Officer, entitling them to select two quantities of 640 Acres in the Port Phillip District of New South Wales. The condi­ tions of the Land Orders were that the parties should select their Lands according to the Rules, which might be in force at the time in the Colony. We do not understand Mr. Wood to allege that this condition has been violated. In so far on the other hand, as he complains generally of the Regulations themselves or of the manner in which they have been carried into effect, we have explained to him that it would have been more regular that this complaint should have come from his friends in the Colony through the Gov­ ernor, in order that it might be accompanied by any explanations which it might require; but we would suggest that it should be sent to the Governor with a view to receiving any observations he may deem necessary. We think it right'to state that it was never intended that the Holders of Land Orders should be put in any worse condition than Purchasers in the Colony. On referring to the accounts, wefind that ten persons in all, of Report required whom a list is enclosed, obtained Orders from this Office to select from and specific quantities of land at Port Phillip, such orders having only 1™^^°"* been issued while afixed pric e prevailed. We do not know whether governor. any others, besides those purchased by Mr. Wood, may still be out­ standing ; but we think it will be desirable that the Governor should report on this point, and further that he should be instructed, un­ less there be any objection which cannot be foreseen here, to offer the holders of such Orders an option of tendering them at any sale of Public Land whether by Auction or otherwise as equal to the amounSERt o.f I .money VOL. ,XXII— whic2h Uwa s paid for them in England, instead of the parties being restricted to merely selecting an equivalent amount of Country Lands. We have. &c, T. FEEDK. ELI.TOT. EDWARD E. VILLIERS. 674 HISTORICAL RECORDS OF .AUSTRALIA.

1843. [Sub-enclosure No. 1.] 25 April. MR. P. WOOD TO MR. S. WALCOTT. Sir, 20 Royal Circus, Edinburgh, 13th March, 1843. Complaint by In the month of September, 1840, I purchased at your office P. Wood re system for two Orders for Land tofoe take n at Port Phillip of a Square Mile location of each, the one in my own name, the other in that of my brother in land orders at Law, Robert Officer, who is jointly concerned with me in a Stock Port Phillip. Establishment at that Settlement. When the Land Orders arrived out, the Governor of New South Wales would not permit their being located, but directed them to lie over until more Land was surveyed and exposed for sale, which occasioned a tedious delay; and, when the Land was at last open for selection, it turned out that by a secret arrangement the valu­ able lots had become the property of retired Officers; but on this it is unnecessary for me to enlarge as a statement* respecting the transaction has been submitted to the Right Honble. the Secretary for the Colonies. In September last, land situated in f.our remote parishes was opened for Public Sale, and all those who held orders for land were directed to make a selection previous to the 19th of that month. The greater part of the land put up for sale at that time was of a very inferior description, and hardly any of it fit for Cultivation; but as the Stockrest of a Company, in which I have a share, was included in it, Land Orders to the extent of 4,230 Acres were located on our account, some of which had been held for years until this opportunity was afforded of taking them. I trust it is quite unnecessary for me to point out the gross in­ justice of attempting to compel the holders of Land orders to locate them in situations where they will not secure their Stockrests nor prove advantageous in any way. I do hope that the Commissrs. for Colonial Lands will see that those, who purchase from them, are treated with common honesty. Neither my Land Order nor that of Dr. Officer has yet been located, and I hope we will not be pre vented from making a selection when a suitable opportunity offers. I am quite aware that it would be attended with serious inconveni­ ence allowing the Land orders to lie over for a number of years; but some delay must frequently take place in consequence of the measures adopted by the Government, and the tardy progress of the Surveys in some of the Land Orders issued from Your Office. I understand that the time for locating them is stated to be limited tofive years , which appears to me to be a wise regulation. A party at Melbourne sent out People to examine Gipps's Land about a year and a half ago. which cost them £1,300, and Mr. La Trobe assured them that they would be treated in the most favorable manner in consequence of this Outlay. They purchased a special survey, but, up to the llth October, they had not been able to obtain possession of any land. As Port Phillip has proved a very unfortunate concern for most of those who have been in any way connected with it, I do think that the Local Government should act with kindness towards those who had invested their funds in the * Note 56. purchase of land. r remain, &C-i PATRICK WOOD. STANLEY TO GIPPS. 675

[Sub-enclosure No. 2.] 1843. LIST of Persons, who have obtained Orders for specific quantities 25 April. of Land in Port Phillip; shewing also the number of Acres to List of persons which they are entitled, and the date of their Land Orders. obtaining land ^ ' orders at Port Number Date of Amount Phillip. Name. of received. Land order. acres.

1840. £ Septr. 12 Mr. William Cross 640 640 18 Captn. Patrick Wood 640 640 18 Mr. Robert Officer 64U 640 Oct. 19 Captn. R. Mackenzie 320 320 26 : Richd. Hanmer Bunbary, Esqe., R.N, 320 320 1841. Feb. 5 Adolphus Goldsmith, Esq 320 320 11 John Lindsay, Esq 320 320 27 Charles Payne, Esqe. 320 320 9 John Campion, Esq 320 320 1840. Special Survey. Sept. 18 Henry Dendy, Esq 5,120

[Enclosure No. 2.]

LAND AND EMIGRATION COMMISSIONERS TO UNDER SECRETARY STEPHEN. Colonial Land and Emigration office, Sir, 9 Park Street, Westminster, 20th April, 1843. In reference to our letter of the 13th Instant, we have the Transmisssion t 1 m honour to transmit herewith a further letter from Mr. Patrick °P XZ± '° Wood, in order that, should the Papers we previously enclosed be sent to the Governor, this communication may accompany the rest of the correspondence. We beg at the same time to enclose a copy of our letter to Mr. Wood, to which this one from that gentleman is an answer. We have, &e, T. FREDK. ELLIOT. EDWARD E. VILLIERS. [Sub-enclosure No. 1.] MR. P. WOOD TO MR. S. WALCOTT. Sir, 20 Royal Circus, Edinburgh, loth April, 1843. I have the honour to acknowledge receipt of your letter of Complaint by the 12th Instant, and have to state that it was my intention to com- ^^^f^for plain of a Regulation made by the Governor of Xew South Wales, i0cation°of land respecting the Location of Land Orders which in my opinion was orders. most grossly unjust, as it was attempted to force the Holders of them to take their Land in Parishes where their Stock runs were not situated, and where they had no wish to acquire Land, xl pro­ test was taken by my agent against this Regulation, and it is satis­ factory for me to be able to state that it has not been enforced, as a letter of 12th December states " Sir George Gipps has declared that they (the Holders of Land Orders) are admitted to have the right of selection of all Land at present open for Sale, or which may hereafter be open." I am aware that the regular line to have been adopted was to have made a complaint through the Governor; but, as the Regula­ tion published appeared to me to be a most arbitrary Act, I deemed 676 HISTORICAL RECORDS OP AUSTRALIA.

1843. it proper at once to apply to the Commissioners, the more especi­ 25 April. ally as on a former occasion, when a complaint was given Air. Complaint by La Trobe to forward, he stated it as his opinion that it had better P. Wood re not be sent as it would be of little use to complain to the Governor regulation for location of land against his own Act. orders. As the position of the Port Philip Settlers is as bad as possible in consequence of the depreciation in the value of Stock and wool, I felt confident that the Land Commissioners would be disposed to prevent any unnecessary hardship from being imposed upon those who purchased Land Orders. I remain, &e, PATRICK WOOD. [Sub-enclosure No. 2.] MR. S. WALCOTT TO MR. P. WOOD. Colonial Land and Emigration Office, Letter Sir, 9 Park Street, Westminster, 12th April, 1843. acknowledged. I am directed by the Colonial Land and Emigration Commis­ sioners to acknowledge your letter of the 15th Ultimo, respecting Conditions of land orders. your Land order and that of your brother-in-law, Mr. Robt. Officer. The conditions of the orders were that the parties should be entitled to select their Lands according to the Regulations which might be in force in the Colony. The Commissioners do not under­ stand you to complain that the condition has been violated. In so far on the other hand as you complain of the Regulations them­ selves, or of the manner in which they are carried into execution, I am to state that it would have been more regular that the com­ plaint should have been forwarded by your friends or Agents in the Colony in the regular channel through the Governor, in order to be Duration of accompanied by any explanations which he might think necessary. land-orders. I am to acquaint you however that it will be forwarded to the Governor for that purpose. With regard to the duration of your order, I am to state that all such documents were afterwards issued for periods offive years , and that there is no probability that an earlier limit would be placed on the validity of the one which you obtained. It will be a question, however, whether the Holders of them should not in future be allowed an option of tendering them at any of the sales of Public Land as equivalent to the amount of Land paid for them. instead of being confined to selecting a corresponding extent of Country Lands.LOR D STANLEY TO SIR IGEORG have,E &cGIPPS, . (A circular despatch, received viaS. WALCOTTPort Phillip., Secretary) . 26 April. Sir, Downing Street, 26th April, 1843. Birth of It is my pleasing duty to announce to you that, on the princess to Morning of the 25th instant, at 5 minutes past 4 o'clock, The H.M. Queen Victoria. Queen was happily delivered of a Princess, to the great joy of the Nation and of all the Royal Family. Her Majesty and the Infant Princess have, through Divine mercy,, continued to do well up to the present time. I have, &c, STANLEY. GIPPS TO STANLEY. 677

LORD STANLEY TO SIR GEORGE GIPPS. 1843. , ^ 26 April, (Despatch Ao. 02, received via Port Phillip.) Sir, Downing Street, 26 April, 1843. I have received your Dispatch No. 207 of the 4th of No- Petition vember, 1842, forwarding a Petition addressed to The Queen by residents in certain Inhabitants of the District of Port Phillip, praying that p1^pniiiip re the conduct of the Judges of the Supreme Court of Sydney may supreme court. be investigated and that they may be restrained from inter­ fering with the proceedings of the Supreme Court of Port Phillip. I have to direct that you will acquaint the Petitioners that I have laid their petition before The Queen, who was pleased to receive it very graciously, but that Her Majesty has not been advised to issue any directions on the subject to which the Peti­ tion refers. I have, &c, ' STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 59, per ship St. George; acknowledged by lord Stanley, 28th September, 1843.) My Lord, Government House, 26th April, 1843. I have the honor herewith to forward a letter and Me- claim by sir morial, addressed to Your Lordship by Sir Thomas Mitchell, the Jup^intelidence Surveyor General of this Colony, wherein a claim is preferred °f.^dsand of Salary at the rate of £650 per Annum, for having super­ intended the making of Roads and Bridges in the Colony during the period of (I believe) about eight years, although, during the whole of that time, he received the full Salary of Surveyor General, £1,000 a year, and had moreover the assistance of a Deputy, who was paid atfirst £500 and latterly £650 per annum. The duty of Superintending the formation of Roads and Bridges was clearly at the time a part of the business of the Surveyor General, though he was, and I think very properly, re­ lieved from it under the Government of my Predecessor in 1836. A compliance with the extraordinary request preferred by the Denial of claim. Surveyor Generalis of course out of the question; but I think it proper to explain to Your Lordship the circumstances under which it has arisen. My attention having been drawn by the Auditor General, to­ wards the close of the last year, to the difficulty which he ex­ perienced in getting various Officers of the Government to Advances of account for advances of Public money made to them for the u"^usted by service of their Departments, I called on that Officer for a Return public officers. of all unadjusted accounts of this nature, and was surprised to 678 HISTORICAL RECORDS OP AUSTRALIA, 1843. receive from him a Return, of which the sum total amounted 26 April. to upwarcjs 0£ £43;O0O. These advances were for the most part of recent date, and admitted of easy adjustment; but there were Sum also some of old standing, and among them sums to the amount s"raTUM«eh&Li. °^ £°13 which had remained unadjusted in the Surveyor General's Department since the year 1836. In order to enforce the immediate adjustment of these accounts, and all others of the same nature, I caused Circular letters to be written on the llth Orders for December last, to all the parties concerned, requiring them to accounts8" ° adjust all their outstanding accounts by the end of that Month; I also gave directions, either at the same time or shortly after­ wards, that no payment whatever,- either on account of salary or otherwise, should be made without my special order, to any Officer whatsoever, who should in future have any unadjusted accounts outstanding; and I further directed that, in every future advance Warrant, the day should be stated, on which the advances were to be adjusted, before the Warrant authorizing the Advance was bronght to me for signature. Correspondence A correspondence somewhat tedious and obscure ensued be- Mitcheii. tween the Surveyor General, the Auditor and the Treasurer, re­ specting the unadjusted accounts of the Surveyor General's De­ partment; but, nothing conclusive being arrived at in the course of three months, the Treasurer, acting on the order which I had Refusal to issue given, refused at the beginning of the present month of April T! Mitchell" to issue the Salary due to the Surveyor General for the month of March. This brought the matter to a Crisis; and the enclosed Copy of a Minute made by myself on the 15th instant will shew how if was disposed of. The Surveyor General, irritated as it would seem by the delay in the issue of his Salary, though it was one of less than 14 days, has brought his grievances before your Lordship. I can have no desire to underrate the services rendered by Sir Thos. Mitchell to this Colony; but, without doing so, I may indulgences observe that there is no ofiicer of this Government who has less iirT.eMitcheii. reason to complain of any want of indulgence from it. He has been allowed to publish in his own name, and for his own advan­ tage, Surveys performed by the Department, of which he is at the head, as well as the narration of his own travels, performed at the public expense; he has received some valuable grants of Land, and very recently a gratuity of above £1,000 in money; and, between 1837 and 1842, he enjoyed Leave of Absence for an uninterrupted period of more than four years. I have, &c, GEO. GIPPS. GIPPS TO STANLEY. 679 [Enclosure No. 1.] 1843. SIR THOMAS MITCHELL TO LORD STANLEY. Surveyor General's Oflice, My Lord, Sydney, 10th April, 1843. The -accompanying Memorial, setting forth my claim to Salary Submission for the time during which I superintended the Department of ot memorial. Roads, Bridges and Public Works of this Colony, is not, as may at first seem, submitted or the claim urged only because of a dis­ allowance by the present Governor of my salary as Surveyor General. The claim arises out of unrequited services of many years, the Claim by most arduous yet least acknowledged service of any I have ever sirT - Mitchell. rendered to my Country, during a life devoted to it, improvidently devoted to it I may say, as far as regards the kind of service and any emoluments arising from office. . During the period alluded to in the Memorial, I had the entire Services of charge and responsibility of four Departments, to three of which sirT - Mitchell. there are now again separate heads, each of whom is paid; yet my naked salary, without any allowance for travelling expenses, a house or fees of any kind, has been all I have received, even when at the head of four departments, with the exception only of the special reward for my discoveries, unanimously voted to me by the non-official members of the Legislative Council last year, and for which I have reason to be grateful to them as well as to Your Lord­ ship and Her Majesty's Government. The difficulties of my position have been such, in carrying vari­ ous plans of public works into effect, that my personal interests here, as far as they depended on the favor of Governors, have been wholly sacrificed; but it may be sufficient, perhaps for the present, to state in general terms to Your Lordship that the more I have labored to fulfil with exactness the views of the Government at home, the less it has seemed to be my good fortune to please the Governors of the Colony. When I first arrived here. Grants of land were offered in the Government Gazette for the discovery of roads, where I have since formed high ways, where mail carriages pass. I hoped that a Land grant Grant of Land for all my roads and other services would have been expected for tenden C the appropriate reward. This it appears cannot now be, and my 0j roads ° sense of the Public services, I have rendered in this branch still wholly unrequited, is now awakened by a disallowance of my pre­ sent salary on account of the Roads I formerly made. The value of this Salary to me, My Lord, has been the same for sixteen years, s>uary of viz., Eight hundred and twenty four pounds per annum, the sum Sir T. Mitchell. which remains after deducting one hundred and seventy six pounds of half pay, saved to the British Treasury by my holding this laborious appointment. When I look around me, My Lord, and see the progressive en­ crease of salary in other offices during these sixteen years; when I perceive in the legal profession the rise of official members, while they are engaged also professionally, and witness in the army (my own profession) the very officer, who has succeeded me as a Civil Officer, stepping over my head as a military officer, aud yet still receiving that salary as a Civil Officer, for which I am now compelled to submit a hard earned claim, I cannot, My Lord, but 680 HISTORICAL RECORDS OE AUSTRALIA. 1843. feel that this claim is as well founded as any ever brought either 26 April. against the British Treasury or the funds of this Colony, where the land sales have produced nearly a million sterling. Reference to I beg leave in conclusion, to refer Your Lordship to a report* for- former report, rnerly called for from me by Your Lordship's letter to Sir Richard Bourke of 15th June, 1833, for a more full and plain statement of the nature of the case, which forms the basis of the claims I have put forward, than I think myself at present called upon to make, and I have, &c, T. L. MITCHELL, Sr. Gl. [Sub-enclosure.] Memorial of THE Memorial of Lt. Colonel Sir Thomas Livingston Mit- elaimingcom- chell, Kt., Surveyor General of the Colony of New South pensation for Wales superintendence of roads and To The Right Honorable The Lord Stanley, Her Majesty's Secretary bndg:es- of State for the Colonies, etc., etc., etc., Most Humbly Sheweth, 1st. That Your Lordship's Memorialist, having been ap­ pointed Surveyor General of this Colony in February, 1828, had the additional duties of Surveyor of Roads and Bridges and of Public Works imposed on him, by order of the Secretary for the Colonies in the Year 1829. 2nd. That Your Lordship's Memorialist, being then engaged in a trigonometrical survey of the Colony, felt it to be his duty to devote much time and attention to the Department of Roads and Bridges, whereby the compilation and publication of a Map of the Colony, ordered toy Governor Darling, was retarded so long as to occasion him much pecuniary loss. 3rd. That Your Lordship's Memorialist spared neither time nor expense to completely survey and lay down anew the three great roads of the Colony, being also charged with the personal super­ intendence of these public works, on which upwards of two thou­ sand convicts were then employed. 4th. That, in the performance of such duties, Memorialist's fre­ quent absence from his office in Sydney was unavoidable, and he therefore stated to the Governor and Auditor General his objection to incur pecuniary liabilities respecting- payments, made in his absence, to overseers of convicts or for work done on the roads; so long, at least, as he received no additional salary or allowance for the extra services performed by himself as Surveyor of Roads. 5th. That The Auditor General suggested an arrangement by which such liability could have been avoided, but which the Gov­ ernor refused to make; the Auditor General having thereupon as­ sured Memorialist that he incurred no risk of any pecuniary loss (Voucher No. 1). 6th. That Your Lordship's Memorialist conducted the affairs of the Road and Bridge Department for seven years, under such pecuniary responsibility thus forced upon him, at the same time that he, directed the survey of the Colony, conducted the whole business of his own. department, and explored the interior of New Holland. * Note 57. 7th. That the period, within which Your Lordship's Memorialist performed these various services, is admitted by all acquainted with the history of the Celony to have been that of its greatest advancement and prosperity, namely that between the years 1827 and 1837. GIPPS TO STANLEY. 681 8th. That the officer, who preceded Memorialist in the Depart- 1843. ment of Roads and Bridges, received a Salary and allowances of 26 April. £630 per annum; and the Officer, who succeeded him in that charge, Memo~a70{ receives now a Salary of £500 and £150 for Travelling expenses, sir T. Mitchell although receiving full pay also in Her Majesty's Service as an claiming com- Officer in the Corps of Royal Engineers. su'ierint" den 9th. That Your Lordship's Memorialist is disqualified from re- ofraads and™0 ceiving even his half pay as a Field Officer in the.Army by pur- bridges. chased promotion, only because of the civil appointment he holds in the Colony! 10th. That Your Lordship's Memorialist received from the late Governor a letter (copy of which is hereunto appended) which letter affords, He would submit, very good testimony that most of the great roads of this Colony were either made or improved by Me­ morialist (Voucher No. 2). llth. That Memorialist's.single salary for the past month as Sur­ veyor General of the Colony has been withheld by order of Gov­ ernor Sir George Gipps, in order to the perfect adjustment of advances made for work done on the public roads in 1836, at a time when Memorialist was engaged in the discovery and Explora­ tion of Australia Felix, having left his Deputy in charge of the official business at Sydney (Voucher No. 3). 12th. That Your Lordship's Memorialist, conscious of having made many laborious efforts and taken much pains to render the Roads and Bridges of this Colony worthy of the name of Britain, and that He has been animated with zeal for the honor of his country in forming the Roads of this Colony, confidently hopes Your Lordship will not suffer him to be a loser by the performance of such services, or the only Surveyor of Roads wholly unpaid as such, but yet required to pay now for the carelessness of others. 13th. Memorialist therefore humbly prays that Your Lordship will move the Lords of Her Majesty's Treasury to direct that salary and allowance for travelling expenses, equal to what is now paid to Lieutenant Colonel Barney of the Royal Engineers as Sur­ veyor of Roads and Bridges, be paid to Memorialist for the period during which he superintended the affairs of that Department. 14th. Memorialist would also further entreat Your Lordship, should the grounds of this claim appear to require local investiga­ tion, that it may be directed to be referred either to a Committee of the New Legislative Council, or to Commissioners specially ap­ pointed on'the part of the Crown, for a Report on the design and use of the roads, bridges, streets, and other public improvements effected or proposed to be effected in this Colony by Memorialist, having reference also to his Report dated 2nd September, 1834, called for from Memorialist by Your Lordship's letter addressed to Governor Sir Richard Bourke of 15th June, 1833. And Your Lordship's Memorialist will ever pray, etc.. T. L. MITCHELL. Sydney, New South Wales, dated the 10th day of April. 1843. [Voucher No. 1.] MR. W. LITHGOW TO SIR THOMAS MITCHELL. Sir, Audit Office, Sydney, 8th April, 1843. In reply to your letter of this date, I readily admit that I am aware you Desire of Sir were anxious to avoid as much as possible all personal responsibility as to pecuniary T. Mitchell to matters when superintending the Department of Roads and Bridges, and that from avoid personal your Absence from Sydney the money business of the Department was necessarily responsibility. transacted in the Office in your name. 682 HISTORICAL RECORDS OF AUSTRALIA.

1843. From the enquiries I have made and the documents which have passed my inspec­ 26 April. tion, I anticipate not the smallest difficulty in adjusting the advances on account of clearing the roads to • Illawarra, as there can be no doubt that a sum of at least Adjustment of twenty five per cent, is still due to the Contractor Mr. George Brown. accounts for All that is wanted is the measurement of the extent of the clearing which he Has roads to performed, which I understand you have taken measures to effect; and, on your Illawarra. reporting that no time will be lost in doing so, I am not aware, after the explana­ tions which have been given on the other points, that there would remain any grounds for suspension of Salary, I have, ke., W. LITHGOW, Auditor Gl. [Voucher No. 2.] COLONIAL SECRETARY MACLEAY TO SIR THOMAS MITCHELL. Commendation Sir, Colonial Secretary's Office, Sydney, 29th December, 1836. of services of I have the honor, by direction of the Governor, to inform you that, as the Sir T. Mitchell. charge of making and repairing Roads and Bridges in New South Wales will be transferred on the lst Proximo as already intimated to you to the Royal Engineers, His Excellency is desirous of expressing the sense he entertains of the Services you have rendered to the Colony by marking out several good lines of new road, and by improving and reforming other lines both in Town and Country, whieh had been injudiciously planned in the early days of Settlement or adopted without any plan whatever. In these arrangements you have not only shown a large share of skill and judgement, but entered upon them with an earnestness and zeal which deserve the best thanks of this Government; and, in the tracing of new lines therefore, His Reasons for Excellency proposes that the Public shall still obtain the benefit of your tact and transfer of ability, altho' ithas been thought advantageous to transfer the making and repair department of of roads to other hands. The motives for this change may be briefly stated as roads and follows:—It had been shewn by long experience tbat the efforts of your Department, bridges. whether divided into a road branch under a separate head or acting under your imme­ diate directions, had not been successful in controlling the numerous and dispersed parties of dissolute convicts employed on the roads or in obtaining from them a fair portion of labor. Some attempts were made in the latter end of 1832 to improve the organization both of the ironed gangs (then but two in number) and of the numerous road parties working out of irons. The former have been, by the attention of the Military Officers appointed to superintend them, brought into a very efficient state, both as to discipline and work. The change in the Colonial Law introduced about the same time, by which the improvident transportation of labouring Criminals to Norfolk island and Moreton Bay, was much diminished and a sentence of labor in irons on the roads within the Colony substituted, has had the effect of augmenting the number of these gangs, whilst improvements in their organisation have kept pace with their encreasing strength. The same success has not attended attempts to make the road parties efficient. Their organization has been necessarily different, and they have continued to be the subject of epnstant though perhaps of exaggerated complaint. Their total reduction had been for some time contemplated by His Excellency ; but, until the change in the law above referred to had recruited the ironed gangs, He could not venture upon a measure which would have left the Public Works too bare of men. It was recommended last year by a Committee of the Council and can now be carried into effect, as He hopes, without any consider­ able inconvenience. There remaining then on the roads for employment those gangs only whieh in regard to discipline have been for some time wholly under the charge of Military Officers, it has been deemed expedient to give to the Military also the care of superintending the work under the orders of the commanding Royal Engineer. By this arrangement the unity of direction (the want of which was beginning to be felt) is introduced into the service, and the care of the animals to be maintained and tools employed on the roads being withdrawn from unskilful or dishonest civil Overseers will be placed under more efficient and trusty manage­ ment, whilst a considerable saving to the Public in the expense of superintendence will be effected. The Governor likewise intends that the few Bridge Parties to be kept up shall Statement re also be placed under the Commanding Royal Engineer. His Excellency has thought stoppage of it due to you, whose ability in laying out roads (a talent of no mean value to any salary for State) will long be memorable in this Colony, to afford you an official explanation Sir T. Mitchell. of the motives and circumstances which have led to the transfer now about to take place. I have, &c., ALEXR. MCLEAY. [Voucher No. 3.] EXTRACT of a letter from the Honorable The Colonial Treasurer to the Honorable The Colonial Secretary, dated 7th April, 1843. " BELIEVING that everything had been properly adjusted by the Surveyor General, and having no fresh communication from Mr. Lithgow on the subject, I did not stop his Salary for the last two months; and I find now that every account, which GIPPS TO STANLEY. 683

the Auditor can require, is furnished and that he is only waiting for a certificate 1843. from a Surveyor of certain work done at Illawarra his salary at the urgent request 26 April, of the Auditor General is now stopped. • . " There is another disputed account in the Department of the Surveyor General; Statement re but, as His Excellency the Governor has declared his intention of referring that stoppage of matter to the decision of the Commissioners of Audit in England, I presume until salary for their decision is known no further steps for the recovery of this amount will be taken Sir T. Mitchell. in the Colony." [Enclosure No. 2.] COPY of a Minute dated loth April, 1843, made by His Excellency Minute by Sir Sir George Gipps on a correspondence between the Colonial ^•Gll)ps rf Secretary and the Colonial Treasurer, Auditor General and IccourXby0 Surveyor General, relating to certain advances, made in the and payment of y years 1835 and 1836, for the service of the Road Branch of the |^ ^lt h ,, Surveyor General's Department; which were reported as un- u ' : Cle • adjusted on the 30th November, 1842. HAVING this day gone through with the Auditor General the Papers relating to the unadjusted Accounts of the Surveyor General's De­ partment, I agree with that Officer in thinking that the Surveyor General's explanation is satisfactory as far as relates to the two sums of £95 3s. 4d. and £95 7s. lOd., paid by the Surveyor General - for Salaries in the year 1830. These sums appear indeed (as the matter now stands) to have been charged twice against the Public ; but it is to the Treasurer, and not to the Surveyor General, that I must look for an Explanation of this circumstance. In like manner it appears to me that the Colonial Treasurer is to be looked to, and not the Surveyor General, for an explanation of the double payment of £112 10s. which appears to have been made to Mr. W. H. Estall in October, 1836. In respect to these three sums collectively amounting to £303 Is. 2d., I consider the Surveyor General to be therefore discharged from any further liability. With respect to the two Advances together amounting to £207, made to Mr. George Browne in the year 1836 for clearing Roads in Illawarra, there is no reason to suppose that any over-payment has been made; on the contrary it is probable that there is a Balance still due to Mr. Browne. I cannot however but remark that there has been great irregu­ larity in allowing this account to remain unclosed for a period of between six and seven years, an irregularity which certainly ap­ pears to me to be chargeable chiefly on the Department wherein it occurred, though undoubtedly it is the business of the Auditor General and Treasurer, and particularly the former to see that all accounts are closed in proper time. There appears further to be a difference of £3 between the Trea­ surer and the Surveyor General, but in respect to which I can see no grounds for a decision. It relates to a simple question whether or not this sum was repaid by the Surveyor General to the Treasurer; and, in absence of proof to the contrary, I think it is to be presumed that it was repaid. The only responsibility, which now rests on the Surveyor General, settlemenPayment15tirregularitmatteris ihn o f,respec Juneast n froyo extensiof,tonl wheitmt ;oyth th-thnane e ineSurveyot dorde adjustmenowil nof ltwtr agaiathereforeor losmonthGeneralnt s com tofos,e Browne'th ,respectinmai maen yforcPubli yb ebse e give cg withouaccountsuspende thisne involve twithholdinto ;hian dand ymuntid furthefo,i lnrag s thoth fraee e n 684 HISTORICAL RECORDS OF AUSTRALIA.

1843. communication from me, unless -before that day the account of 26 April. Advances to Browne be adjusted to the satisfaction of the Auditor General. Let a Copy of this Minute be sent to the Surveyor General, the Treasurer, and the Auditor General. 15th April, 1843. G.G.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 60, per ship St. George; acknowledged by lord Stanley, 20th September, 1843.) 28 April. My Lord, Government House, 28th April, 1843. Transmission I have the honor herewith to forward a Memorial, which of memorial has been addressed to Your Lordship by Mr. James Ralfe, late from J. Ralfe. of the Surveyor General's Department in this Colony. As Mr. Ralfe has, I regret to say, stated his case most incor­ rectly and disingenuously, it becomes my duty to lay the facts of it before Your Lordship. Stoppage of Mr. Ralfe, who had long been remarkable for his insubordinate salarv of conduct, was, on the 4th May, 1840, placed by the Head of his J. Ralfe. Department under what are called " Stoppages," that is to say, his salary was suspended, and the question of his removal from the Department was only postponed on his writing on the 18th of that month a letter of apology, and offering to undertake a survey by Contract. System of The system of Contract Surveying had then been lately intro­ surveys by duced by myself as an experiment, by which I hoped the ex­ contract. penses of the Survey Department might be lessened; and the demand for Land was then so great that it was scarcely possible to bring it fast enough into the Market; also about the same time, this Government had to supply Surveyors to New Zealand, which bad not then been formed into a separate Colony; but for these circumstances Mr. Ralfe would have been removed in 1840. Contract with Mr. Ralfe's contract was for one year certain, and liable to be J. Ralfe. subsequently put an end to, at three months' notice by either party. Shortly after the expiration of the year, the circumstances of the Colony became very much altered; in consequence of the demand for Land having almost entirely ceased, the contract of Mr. Ralfe was brought to a conclusion; and the question then arose, whether Mr. Ralfe should return to the Department. To Proposed this, the Surveyor General objected, and a long correspondence retiring' gratuity for ensued, which led to the proposal that Mr. Ralfe should receive J. Ralfe. a retiring gratuity of £150. I long objected to this proposal on the grounds that the cir­ cumstances under which he left the Department were not such as GIPPS TO STANLEY. 685 to entitle him to any mark of my approbation; and, when I at 1843. length acceded to it, I did so chiefly on the grounds that he had —- suffered unexpected losses, in having to dispose of his Surveyor's ^^ty1 of Equipment, consisting of Horses, Oxen, etc., at prices far lower than he had purchased them at. I certainly thought, however, that, in giving him the £150, I got rid altogether of his claims; and, when I found that such was not the case, I endeavoured to recall the gratuity, but not until it was too late. In the course of the Correspondence, it appeared that Mr.. Conduct of Ralfe was not only chargeable with great incorrectness in his J-Ralfe- Surveys, and general insubordination in his conduct, but that he moreover was so involved in pecuniary difficulties, as to be un­ able to give his undivided attention to his Public duties, even in the event of his being entrusted with any. Attached to this Despatch are the following documents:— Documents Copy of a Minute in Sir Richard Bourke's writing, deciding transmitted- on a complaint against Mr. Ralfe, brought before him in the year 1837. Copy of Mr. Ralfe's apology to the Deputy Surveyor General of the 18th May, 1840. Copy of a letter from the Surveyor General of the llth Novr., 1841, enclosing one from Mr. Ralfe of the 9th October, 1841. Copy of the Surveyor General's letter, declining to recommend Mr. Ralfe's return to the Department. Copy of the Surveyor General's letter of the 15th February, 1842, proposing a gratuity in Land to Mr. Ralfe, which I could not accede to. Copy of the Surveyor General's letter of the 4th April, 1842, on which the gratuity of £150 was granted. I have, &e, GEO. GIPPS. [Enclosure No. 1.] THE Memorial of James Ralfe, Surveyor in New South Wales, Memorial of To the Right Honorable the Secretary of State for the Colonies, soliciting Respectfully Sheweth, fast"^-^. That your Memorialist embarked from England in January, 1825, with an appointment from Lord Bathurst to the Surveyor General's Department in this Colony, and served therein upwards offifteen year s as a salaried Surveyor, when His Excellency the Governor Sir George Gipps having been pleased to introduce a system of surveying by contract, Your Memorialist was induced, by the reproaches as well as per­ suasions of the Acting Surveyor General, to comply with His Excel­ lency's wishes, and accordingly in July, 1840, entered into an Agree­ ment with Her Majesty's local Government to mark off into Parishes and prepare for sale a large extent of Country at the rate of Two pence farthing per acre with the most explicit written 686 HISTORICAL RECORDS OF AUSTRALIA. 1843. stipulation that your Memorialist should still retain his official 28 April. rank ; upon the faith of which your Memorialist purchased from the Memorial of Government Horses, Oxen and Field equipments to the amount of j. Ralfe one hundred and seventy nine pounds, and entered into heavy soliciting engagements for provisions and Stores. pastUservices Your Memorialist further sheweth that, at the expiration of twelve months, The Surveyor General Sir Thomas Livingstone Mitchell renewed that Contract. That your Memorialist, after incurring additional expence for supplies and the repairs of Equipments, was in four Months sud­ denly deprived of it; and, as your Memorialist would not dispose of a single animal or article owing to the calamitous depression of the times, your Memorialist was put to the ruinous loss of nearly four hundred Pounds. Your Memorialist further sheweth that, about the same period (November, 1841), eight newly appointed Surveyors arrived un­ expectedly from England. That His Excellency Sir George Gipps would not then reinstate your Memorialist in his rank in the Survey Department; that His Excellency would not-purchase back the animals and equipment for the use of that Department; and that His Excellency would not grant your Memorialist any enquiry or hearing or take into consideration your Memorialist's claims to a gratuity. Your Memorialist further sheweth that the Surveyor General communicated to His Excellency his regret that your Memorialist should leave his department under such circumstances after ren­ dering such " long and considerable important services to the Colony," and recommended your Memorialist's claims for a gratuity for favorable consideration; still His Excellency was unmovable, so that your Memorialist was reduced to total ruin and destitution, having never obtained a grant of Land and possessing no other income for the maintenance of himself and family but what his official situation afforded him. And your Memorialist further sheweth that, at the expiration of five months, your Memorialist received a communication from the Surveyor General, stating that His Excellency had heen pleased to grant your Memorialist a retiring gratuity of one hundred and fifty pounds in lieu of purchasing the animals and equipments. Your Memorialist therefore earnestly treats Your Lordship's per­ usal of that letter, by which it will obviously appear that that sum was made to answer the twofold purpose of offering compensation for the losses your Memorialist sustained by the sudden privation of his Contract, and a retiring gratuity as well, say seventy five pounds for the loss of nearly four hundred pounds and a like sum for seventeen years' services. Your memorialist earnestly but most respectfully submits that your- Memorialist was never informed, on the receipt of his appoint­ ment in England, that your Memorialist would be liable to be dis­ missed by the Colonial Authorities; and your Memorialist was always given to understand that, in the event of reduction, there was a scale of gratuities graduated according to the length of ser­ vices of the Surveyors reduced, which your Memorialist has seen verified in several instances. Your memorialist therefore humbly prays that your Lordship will be pleased to take into consideration the long and important services of your memorialist, the losses he has sustained, and the GIPPS TO STANLEY. 687 utter destitution to which he is reduced, and to grant to your 1843. Memorialist (who never enjoyed like the other Surveyors a grant of 28 APrl1- Land) a gratuity proportionate to seventeen Years' Colonial, service. And your Memorialist as in duty bound will ever pray, JAMES RALFE, Surveyor. Port Macquarie, New South Wales, 31 March, 1843. [Sub-enclosure.] SIR THOMAS MITCHELL TO MR. J. RALFE. Sir, Surveyor General's Office, Sydney, 25-th April, 1842. Haying forwarded to His Excellency The Governor your letter of-the llth ultimo, in which you urge that your equipment be taken at a Valuation, with a recommendation that, instead of complying with your request, which would have been to purchase articles not required by the Department, you should be allowed a Retiring retiring Gratuity of One hundred andfifty pounds, I have received a letter in reply gratuity for from the Colonial Secretary, stating that His Excellency had acceded to my recom- j. Ralfe. mendation; and I have to express my satisfaction that His Exfigjlency 'las Deen pleased to re-consider your case, and to decide thus favorably. Ji'he Colonial Trea­ surer has authority to pay you this money. I have, &c, r-; : T. L. MITCHELL, Surveyor General. [Enclosure No. 2.] MEMORANDUM of Sir Richard Bourke, on a letter from the Sur- Memorandum veyor General of date 6th April, 1837, transmitting a letter Bourke re from Mr. Surveyor Ralfe. £&Ste.01 LET Mr. Ralfe be informed that I have perused his letter with great disgust, and that I have requested the Head of his Depart­ ment to watch narrowly over his proceedings and to report for my information any failure in the punctual discharge of his duty, for which, if no satisfactory reason can be given, he must expect to be severely dealt with. Mr. Ralfe Should recollect that his conduct has been previously brought under my notice by the Head of his Department in no favoraible light, and that I must fear he met on these occasions with more indulgence than, from the Style of his letter now under consideration, he appears to deserve. 18th April. R.B. [Enclosure No. 3.] MR. J. RALFE TO SIR T. MITCHELL. Sir, Port Macquarie, 18 May, 1840. ' I have the honor to acknowledge the receipt of your letter Letter of the Tth Instant. No. 40/101, apprising me that His Excellency acknowledged. the Governor has directed "that my pay and allowances be sus­ pended from the 4th Instant, until I shall have evinced a convic­ tion of the propriety of conducting my official correspondence to you, the Head of my Department, in becoming terms." I beg leave in reply to state for your satisfaction, as well as the Apology by information of His 'Excellency, that I am extremely sorry for J-Ralfe- having made use of any expressions in my correspondence with you, which you should consider unbecoming; and, in making this acknow­ ledgment, I assure you I never at any time contemplated making use of any language -at all inconsistent with my «;Situation as an officer under your orders; and when I add that in future my corre­ spondence shall be conducted in the most respectful manner, I trust you will be pleased to accept this as an apology. I have, &c. JAMES RALFE, Surveyor. 688 HISTORICAL RECORDS OF AUSTRALIA.

1843. [Enclosure No. 4.] 28 April. SIR THOMAS MITCHELL TO COLONIAL SECRETARY THOMSON. Surveyor General's Office, Sir, Sydney, llth November, 1841. Transmission I have the honor to transmit for His Excellency the Gov­ of letter from J. Ralfe. ernor's perusal a letter, which I have received from Air. James Ralfe, a Surveyor in this Department, but now Surveying by con­ tract on the South Bank of the River McLeay, and to explain, for His Excellency's information, that, tho' it was originally intended to make advances on the work of -the Contract Surveyors at the rate of Seventy five per cent, as the work proceeded, and until the contract terminated, that the full amount of every Account has been passed thro' this Office on its appearing that the work charged Proposed for had been satisfactorily performed; but that Mr. Ralfe's surveys termination of have generally borne so little appearance of accuracy as to compel contract with me to return them to him for corrections and explanations; to such J. Ralfe. an extent indeed has this proceeded that I now beg to recommend his discontinuance as a Contract Surveyor, the term of twelve months, during which alone it was intended that his contract should continue unless renewed, having expired in June last. The terms, in which Mr. Ralfe continues his Official correspond­ ence, are of such a character as to compel me to refer to your letter on the subject No. 37/273 of the 24th April, 1837, which I beg may be laid before His Excellency with a request that I may be informed of what further Steps should be taken to bring Mr. Ralfe to a sense of the necessity for conducting his Official correspond­ ence in a more becoming manner[Sub-enclosure.. j h]av e &e MR. J. RALFE TO SIB THOMAS MITCHELL. T. L. MITCHELL, Sr. Gl. Sir, Port Macquarie, Sydney, 9th October, 1841. Protest by In calling your attention to that part of your Letter of the 17th of last J. Ralfe re April, No. 127, wherein you are pleased to affirm that the stipulation mentioned in delay in the Deputy Surveyor General's Letter No. 40/246, viz. that, " as my work proceeded, payments. advances would be made me at the rate of 75 per cent, upon the whole," implies that the remaining 25 per cent, was to be retained in the Hands of the Government to ensure the accuracy of my work. I beg leave to remind you that you have totally disregarded the part of my contract with the Government by withholding the whole of my earnings, until it pleased you to send back my Plans for some trifling amend­ ment, Months elapsing before they reach me, and in several Instances they have not been returned at all; still the payment for them is withheld, and once I was forced to visit Sydney at an enormous Expense and loss of time. My losses therefore have been so great, which I can prove,, and I am apprehensive the consequence will be so serious, that I shall be driven to the necessity of seeking some compensation for the Injuries I have sustained by this non-fulfilment of the Contract. I therefore earnestly but respectfully solicit your just adherence to the terms of payment stipulated for. j have, &c, JAMES RALFE, Surveyor. [Enclosure No. 5.] SIR THOMAS MITCHELL TO COLONIAL SECRETARY THOMSON. Transmission Sir, Surveyor General's Office. 27 December, 1841. of letter from I have the honor to transmit herewith for the consideration J. Ralfe. of His Excellency the Governor a letter enclosing a Memorial which I have received from Mr. Ralfe, late a Surveyor in this Depart­ ment, on the subject of his recent removal, and the purchase of his GIPPS TO STANLEY. 689 Equipment, etc.; and to state that I feel much regret in being un- 1843. able to recommend a compliance with the prayer of Mr. Ralfe's Me- 28 APri1' morial, at least as regards his continuance in the Department. I have, &c, T. L. MITCHELL, Surveyor General. [Enclosure No. 6.] SIR THOMAS MITCHELL TO COLONIAL SECRETARY THOMSON. Surveyor General's Office, Sir, Sydney, 15th February, 1842. I have the honor to submit, for the consideration of His Proposal for Excellency the Governor, a letter which has been addressed to me land. erant by Mr. Ralfe, containing a statement of the length of his services to'' Ralfe- and his present circumstances, and concluding with a request that I will make application in his behalf. After seventeen years' ser­ vice in the department, and during which Mr. Ralfe has performed some of considerable importance, I must say that I feel very sin­ cere regret to see this officer leave it under such circumstances; and, although my thanks are due to His Excellency the Governor for supporting me in my authority over the members of the Depart­ ment, I trust I may be permitted to recommend Mr. Ralfe's claim to favorable consideration after so many years service. A money gratuity seems, however, to be quite out of the question, from the present state of the land fund, hut there is abundance of land; and I beg leave to suggest that by granting a portion to a man who has measured so much would be the most convenient mode of disposing of such a claim. : havej &c _ T. L. MITCHELL, Sr. Gl. [Enclosure No. 7.] SIR THOMAS MITCHELL TO COLONIAL SECRETARY THOMSON. Surveyor General's Office, Sir, Sydney, 4th April, 1842. Having communicated to Mr. Ralfe the decision of His Ex- Transmission cellency the Governor respecting the purchase of his equipment, as °i letter from intimated to me in your letter of the 25th of February last, ' a e' Xo. 42/111, I have received from that Gentlemen the enclosed letter urging that his equipment be taken from him at a valuation, which I beg to submit for His Excellency's decision. To purchase these articles however, sold at a valuation, would under present circumstances, I beg to report, be an useless expendi­ ture of public money, which I cannot consistently recommend; but I would beg to be permitted again to bring under His Excellency's Proposal for most favorable consideration the length of time Mr. Ralfe has been retirin« employed in the Department, his removal from which has been j'uaife. °T occasioned in a measure by an infirmity of temper and want of judgementSEE. ,I. anVOLd. t XXII—o sugges2 Xt that, if it be possible to grant to Mr. Ralfe a retiring gratuity of one hundred andfifty Pound s or two hundred Pounds, it will perhaps be the most satisfactory mode of meeting his renewed and urgent appeal. I have, &c, T. L. MITCHELL, Sr. Gl. ,690 HISTORICAL RECORDS OF AUSTRALIA.

1843. [Sub-enclosure.] 28 April. MB. J. RALFE TO SIR T. MITCHELL. Sir, Port Macquarie, 1st March, 1842. Request by In reply to the Colonial Secretary's letter of the 25th Ultimo No. 101 (en­ J. Ralfe for closed in yours of the 4th instant), informing me that His Excellency the Governor purchase of cannot take back the Horses and Oxen at the prices I paid for them, I beg leave to equipment at state, for the information of His Excellency, that I took some of those from the valuation. Government at a valuation ; and, though I was compelled to make an advance of 50 per cent, upon their original cost, I never complained because I confidently con­ cluded I should have been permitted to complete my Contract; but, as that was so suddenly put a Stop to, before I could properly redeem my out lay, I did think that those animals would have been taken back at the Same prices; but, as that has been refused, I hope His Excellency will have no objection to take them all at the valuation of the same Gentlemen who valued them on the occasion alluded to. Four Months having now very nearly expired since I was deprived of both my employ­ ment as a Contract Surveyor and also my official Salary, I am so reduced in circum­ stances that I can no longer afford to maintain the animals, and keep the Equip­ ment at my own Expense and risk. I am therefore under the absolute necessity, let my losses be what they may, of letting them go to the Government upon its own terms ; if it is only to alleviate in some measure the pressing anxiety and State of Suspense, I am kept in by the daily expectation of having what little property I have earned in a servitude of 17 seventeen Years seized and sacrificed towards the liquidation of the just and protracted demands of my creditors. I have, &c., JAMES RALPE.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 63, received via Port Phillip.) 29 April. Sir, Downing Street, 29th April, 1843. Her Majesty's Government having had under their con­ sideration the question raised in your Dispatch of the 18th of July, 1842, No. 125, whether American or other Foreign Whalers can legally be allowed to sell for consumption in Nfew South Wales a sufficiency of their oil to defray the expences of refit, etc., Instructions re I have now to acquaint you that the following Instructions have sale of oil by been issued by the Lords Commissioners of the Treasury to the foreign whalers to pay costs Board of Customs on the subject, namely, that they will give the of refitting, requisite authority to the Officers of their Department in New South Wales for complying with your proposition that American or other Foreign Whalers, frequenting the ports of the Colony, may be allowed to sell for consumption in the Colony a suffi­ ciency of the oil made on board their Vessels to defray any ex­ pences they may incur for Repairs, Stores, or Provisions, subject to the payment upon the oil thus sold of sueh duties as may be legally due on the Importation of Oil of Foreign taking and manufacture; and that they should be permitted within the Har­ bours of the Colony to transfer their oil to other Ships of their respective Countries for transmission to those Countries. I have, &c, STANLEY. STANLEY TO GIPPS. 691

LORD STANLEY TO SIR GEORGE GIPPS. 1843. 29 A.Dril (Despatch No. 64, received via Port Phillip.) Sir, Downing Street, 29th April, 1843. Referring you to my Despatch of the 26th of January last, No. 14, and to the Enclosures which accompanied it, on the sub­ ject of Convict Discipline in the Australian Colonies, I have now, in prosecution of that correspondence, to address to you the following communication:— You have already been apprized of my intention to relieve Relief of Captain Maconochie from the Superintendence of the Convict Establishment, at Norfolk Island. In pursuance of that design, Captain Childs has been appointed to succeed him, and will pro- Appointment eeed thither by the Vessel, which conveys this Despatch. Cap- ofJ-childs- tain Childs will, therefore, touch at Sydney on his outward voyage. At that place, he will have the advantage of receiving from yourself the most recent intelligence on the state of the Settlement, with all such suggestions and instructions as your Experience may enable you to convey to him for his guidance in the discharge of the duty which he has undertaken. But, before I advert further to the trust reposed in Captain Reasons for Childs, I am anxious to record the grounds on which I have A.'iiaeonochie. thought it my duty to dispense with the further services of Cap­ tain Maconochie. It would be the source of the most sincere regret to me if the grounds of that decision should be misunder­ stood or represented in a sense unfavourable to that Officer's character. For such a representation, there would not be any basis whatever in truth. From all the means of information within my reach, I am Acknowiedg- happily able to ascribe to Captain Maconochie a most earnest principles and solicitude for the welfare of a Class of Society, whose claims to l^MaeonocMe. compassion and benevolence have seldom been so keenly felt by persons in his station of life. From the same means of know- • ledge, I am able to give Captain Maconochie the fullest credit for having declined no fatigue, privation or responsibility, which was requisite for carrying into effect his views for the moral and physical improvement of the Convicts at Xorfolk Island. In estimating the success of his endeavours, I do not forget that the scene of action assigned to him was not that which he would him­ self have chosen, and was not exempt from some peculiar dis­ advantages which might have been avoided in a more favorable situation. Neither am I at all disposed to depreciate the results of his experiment for improving the character and the condition of the Convicts under his charge. On the contrary, I gladly acknowledge that his efforts appear to have been rewarded by the 692 HISTORICAL RECORDS OF AUSTRALIA.

1843. decline of crimes of violence and outrage, and by the growth of 29 April. humane and kindly feelings in the minds of the persons under his Care. Failure of But with these acknowledgments, I am bound to connect the system of declaration that Captain Maconochie's projects appear to me to A. Maconochie. have been unsuccessful, and that the failure of them is to be ascribed to causes which cannot cease to operate so long as the Superintendence of the Convicts at Norfolk Island shall remain in his hands. The concurrent testimonies of all competent wit­ nesses convince me that what may have been gained by the re­ laxation of Discipline in an encreased mildness of demeanour Moral results has been more than compensated by the growth of moral and so­ of system. cial evils of another kind. Crimes, unattended with violence, but not on that account the less offensive and pernicious, appear, unhappily, to have been on the encrease. With the stern severity of punishment has, as I collect, disappeared the wholesome and invigorating influence of a firm and resolute discipline. The terrors of a Gaol (formerly perhaps enhanced with ill-judged and culpable rigour) appear to have given way fo a system of dis­ solute idleness, and of trafficking in the transferable Rewards as­ signed to the Prisoners. I find no proof of the growth, under Captain Maconochie's Plans, of that renovation or improvement of the Religious and Moral Character, which was promised as one of the surest fruits and highest advantages of his experiment. On the contrary, I fear that the ministers of Religion, who have resorted to the place, have brought from it most unfavourable impressions on this subject. And, even though the general as­ pect of docility and subordination may have prevailed, yet the exceptions are such and so formidable as to show that the spirit of lawless violence had, in many cases at least, been soothed rather than corrected. Dread of To this general Summary of the moral results within Norfolk punishment of transportation Island itself must be added the effect produced on those who may diminished by have been meditating crime in this country, or other parts of system. the Queen's Dominions. Captain Maconochie's Plans, whatever else may be their recommendations, labour at least under the serious disadvantage of impairing the dread of the punishments of Transportation. Reports of the occasional indulgences and festivities granted by him to the Convicts have reached the great Cities of the United Kingdom and all the other places from which the Convict Population is most habitually recruited. Those scenes were, of course, exceptions; but it is almost as much a matter of course that they should be regarded not as occasional departures from the habit of life prevailing among the convicts, but as illustrations of the habit itself. To whatever extent this STANLEY: TO GIPPS. 693 error has prevailed, Captain Maconochie's proceedings have con- 1843. tributed to defeat the ends for which his Office and the Settle- 29 Apri1' ment under his superintendence have been maintained. A minor, but still a very serious evil is the great and indefinite Expenditure expense, of which the execution of Captain Maconochie's plan on system- has been productive. It has been .such as to defy all previous calculation, and as greatly to embarrass the. Commissariat Officers at Norfolk Island, and at Sydney, in finding funds to meet the great and unforeseen demand upon them. While the outlay has been large without example, the labour of the Convicts seems scarcely to have been rendered available at all in reduction of it. Great as the mischiefs which I have enumerated are, my re­ spect for Captain Maconochie's motives and character would Reasons for probably have induced nie to make the attempt of committing to ment'of'01 his care the Superintendence of the system about to be intro- ;A- Maconochie , ,.,, , ... , ,. to control new duced, if two conclusive objections had not stood in my way. establishment. First, Captain Maconochie is pledged to a different course of pro­ ceeding, and has defended it in a succession of Papers so elaborate and ingenious as to forbid the hope that he could really abandon views so deeply cherished in favour of a Plan, which, in the detail at least, has little in common with his own. And, secondly, animated as he is, and has ever been, by a san­ guine and confident reliance on the success of his own experi­ ment, Captain Maconochie has shewn that the instructions of a •superior though remote authority are insufficient to divert him from the prosecution of his own pre-determined course of con­ duct. Sincere as my respect for him is, I cannot entrust the •execution of my designs to an Officer, on whose concurrence in my judgment or on whose obedience to my directions I am not •entitled to rely. It is for these reasons that Captain Childs has been selected to carry into execution the intentions regarding Norfolk Island, which are explained in my Despatches* to Sir John Franklin (No. 175 of the 25th Novr., 1842, and No. 182 of the 12th Deer, of the same year). From these Despatches, you will have learnt that Norfolk island the annexation of Norfolk Island to the Government of Van Die- 1° &e anne?ed . PI. *° Tasmania. mens Land is m my contemplation. Io that part of this arrange­ ment, I fully adhere. But legal difficulties, to be removed only by the aid of Parliament, have hitherto prevented, and must continue for some time to come, to prevent the completion of my purpose. I do not regret the delay. On the contrary I regard it as for- Advantages of tunate that, on his arrival at Sydney, and for some considerable ^JXoiby Sir time afterwards, Captain Childs will find Norfolk Island still o. Gipps. within the precincts of your Command. He will have the advan­ tage of commencing his operations not under a Superior as new

*Note 58, 694 HISTORICAL RECORDS OF AUSTRALIA.

1843. to the whole subject as himself, but under the guidance of aa 29 April. Officer on whose large experience regarding the administration of affairs at Norfolk Island he will be entitled to place the most implicit reliance. General In my Despatch of the 25th November I have indicated, First, principles for convict what is the class of convicts who are to be sent to Norfolk Island; discipline at Secondly, how the length of the detention of each Convict there Norfolk island. is to be determined; Thirdly, How they are to be employed there; Fourthly, How hope and fear are to be brought to bear on the Convict during this period, so as to give him effective motives for good conduct; Fifthly, How security is to be taken against the hasty or capricious adjudication of reward or penalty; Sixthly, How security is to be taken for the maintenance of the Public Peace; and Seventhly, By what means Norfolk Island is to be sufficiently relieved of the Convicts at present dwelling there as to leave it open for the reception of such as may here­ after be transported to that place. It is not my present purpose to enlarge on these topics. My object is merely to notice a little more in detail some of the methods by which, as it seems to me, Captain Childs would most effectually accomplish the general design. Necessity for First. I think it highly important that his daily proceedings specific regulations for should, to the utmost possible extent, be defined, beforehand, by J. Childs. specific Regulations, and should be left as little as may be to the impulses of the moment, to the fluctuating views by which, in a situation of so much novelty, any man's judgment must be more or less distracted. Such Regulations will be best formed by mature reflection and progressive experience. But, in the mean­ time, and for the prevention of errors at the Commencement, it will be right that a series of provisional Rules should be estab­ lished under your own immediate authority for Captain Child's observance. They should embrace everything relating to the Gov­ ernment, the Discipline, and the Care of the Convicts. By their Government, I understand all that relates to their employment, to their classification, and to the distribution of the authority to be exercised over them by the various Officers to whom they will be subject. By their discipline, I understand all that relates to the assignment and enforcement of Rewards and of Punish­ ments. And, by the Care of the Convicts, I understand all that effects their Religious and Moral Instruction, the preservation of their health, the charge of them in Sickness, and the main­ tenance of cleanliness, sobriety, decency and order amongst them. These are topics which branch out into a vast variety of minute details. By attempting to anticipate and provide for them at STANLEY TO GIPPS. 695 this distance from the scene of action, I should rather embarrass 1843. than assist you. I limit myself to what is general and most important. With regard to the Government of the Convicts in Norfolk Island, the universal and inflexible rule must be that every man Compulsory capable of bodily labour must be constrained to the steady per- ^°^cts°r formance of it, not for his own personal advantage, but as the consequence of sentence to which the Law has subjected him. Compulsory and unrequited toil must be the rule; and, irksome and distressing as it may be, a steadfast adherence to that rule will be indispensable. So far as the resources at the command of the Superintendent may admit of it, the due classification of the Prisoners will be Classification an object of great moment. In the absence of female Prisoners, and of Convicts of immature years, and where, unhappily, the whole Body will be persons selected from Offenders of the worst description, there will, of course, be much fewer motives than in the Gaols and Penitentiaries of England for separating fellow- sufferers from each other. But, even at Norfolk Island, there will be marked differences of moral and of physical character or constitution, and distinctions of docility, of progressive improve­ ment, and of progressive deterioration, which may render the arrangement of the whole into different Classes highly conducive to their common welfare. Nothing will be more calculated to promote and insure the Duties of success of Captain Child's efforts than a well-defined division of ^defined. duties and distribution of responsibility amongst those who are to act in subordination to him. To each should, if possible, be given a written manual of Instructions for his guidance, and from each should be exacted a periodical report of the discharge of the duties confided to him. Under the Head of Discipline, Rules should be established Rules re

defining the various gradations of Punishments to be inflicted, 0fconvicts. and of Mitigations of Punishment to be allowed. Of course, much must 'be left to discretion in a case of this kind. But, as far as that discretion can be narrowed by definite Regulation, the effect will be to check all arbitrary, capricious and irascible feelings on the part of those by whom the penalty or the reward is to be assigned. It may he difficult or impossible to define all the acts of base or good conduct to be checked or to be encouraged; but it will be practicable to prescribe what shall be the nature, and what the amount, of the corrections or of the indulgence to be awarded under any circumstances. Under the Head of Care ol Convicts, Rules should be carefully framed to give the Ministers of Religion free and frequent 696 HISTORICAL RECORDS OF AUSTRALIA.

1843. access to the Prisoners, and to enable them to converse in private 29 April. as often as the Teacher may think it desirable. Provision should Rules re clergy also be made for the punctual celebration of Public Worship, at and medical attendants. which all the prisoners should be required, according to their different Religious Persuasions, to attend. Similar facilities should be secured to the Medical Attendants, whose Requisitions for the supply of Medicines and Medical Comforts must be strictly fulfilled. Both from the Ministers of Religion and from the Medical Attendants periodical reports should be required of the state and progress of the people under their care. How far it may be practicable by positive Regulations to take any effectual securities for maintaining cleanliness, sobriety and decency, I cannot undertake to say. But they are objects of such paramount, importance that nothing must be neglected which has any apparent tendency to promote them. With regard to per­ sonal cleanliness and abstinance in the use of intoxicating liquors, there would seem no insuperable difficulty in laying down specific plans for securing to the Prisoners those inestimable advantages. The prevention of moral evils of another Class may, perhaps, be partly effected in the same way, though, probably, nothing but constant vigilance and an inflexible rigour in enforcing the Ap­ propriate punishments, will be sufficient to restrain, effectually, the immoralities to which I refer., Under these or similar Heads, the Rules, whieh your experi­ ence may suggest, and which may seem to you and to Captain Childsflbest adapted for the purpose, must be promulgated in Norfolk Island and must there have the force of Law until dis­ allowed by Her Majesty. As amendments or additions shall, from time to time, be required, they will be proposed by Captain Childs for your provisional sanction, or for the sanction of the Lieutenant Governor of Van Diemen's Land after the annexation of that Island to that Government. When so sanctioned, they will become valid and binding until disallowed by the Queen. Secondly. I have next to advert to the subject of the Expendi­ ture to be incurred for the maintenance of the Convicts in Nor­ folk Island, to aid which, to a great extent, it is of course the appropriate and exclusive province of the Lords of the Treasury to prescribe whatever may be necessary for regulating the issue of Money, the purchase and supply of Articles of consumption, and the like. It is, therefore, quite remote from my intention to interfere in the slightest degree with the duties of the Officers of the Commissariat either at Norfolk Island or in New South Wales. Whenever the proposed transfer of Norfolk Island to the Government of Van Diemen's Land shall be effected, the Lords of the Treasury will, probably, have to issue new Instructions STANLEY TO GIPPS. 697

to their Officers in the Australian Colonies on these subjects. 1843. In the meantime, I have to direct the attention of yourself ~*' and of Captain Childs to the urgent necessity for maintain- Expenditure D J on convict ing the utmost possible economy in the expenditure for Con- services. vict Services at Norfolk Island, whieh may be compatible with the effective discharge of them. You are well aware how exceed­ ingly great has been the pressure on -the Public Revenue of this Kingdom under this Head; and you are probably prepared to concur in my own opinion that, under a more circumspect man­ agement, that pressure might have been materially diminished. It is, however, indisputable that no effective check on extrava­ gance of this kind can be exercised by a remote Authority'. Her Majesty's Government must look to you and to Captain Childs for the introduction and the enforcement of such Regulations as may be necessary for that purpose. The practical suggestions, which I have to make with this view, may be resolved into two general Heads. First. It is necessary that the Officers, who are to act in sub- instruction re e 6 ordination to Captain Childs, should not be more numerous, or o{ officer™ " in the receipt of a larger remuneration than the exigencies of the service really require. It will, therefore, be necessary to under­ take a careful revision of the existing Establishment, and it will also be requisite carefully to select from the members of it those persons, who may be best qualified for the execution of the duties with which the subordinate Officers at Norfolk Island will here­ after be entrusted. I enclose a List of the proposed Establish­ ment, looking to you to assist Captain Childs to the utmost of your power in the choice of the Individuals by whom the several contemplated Offices should be filled. Very clear and urgent motives ought to be alleged in favour of the passing over of any­ one already employed, in order to make room for any new Candi­ date for such employment. Secondly. It is an object of great importance maturely to con- and re labour sider how far the Labour of the Convicts at Norfolk Island can be made available for their maintenance, and to reducing the charge against the Government for provisions, wages of labour, building and other materials. With so great a manual power at his command, the Superintendent ought apparently to be able to render his Establishment independent of any foreign supply of the ordinary Articles of Consumption; and, considering the diffi culty of providing employment for all the people under his charge it might be supposed that the necessity of urging them to labour for their own subsistence would be rather a welcome obligation than the reverse. 698 HISTORICAL RECORDS OF AUSTRALIA.

1848. Yon will direct the careful attention of Captain Childs to this 29 April. subject of economy in Convict Expenditure, and will transmit to me his and your own Reports on the methods by which such economy might be best promoted. Lastly, I have to notice the necessity which will arise on the change of Superintendence and of System for avoiding any breach of faith with the Convicts, who have been living under Pledges given Captain Maconochie's Superintendence. That Officer's pledges by A. to them must be strictly redeemed, and the expectations, which Maconochie to be fulfilled. he has encouraged, must be scrupulously satisfied. His own in­ formation and advice will be the best guides, which he can fol­ low on this subject. You will instruct Captain Childs to derive from this most authentic source all requisite intelligence re­ garding the claims of individuals to any Indulgence or benefit; and you will authorize him to take the necessary steps for secur­ ing such advantages to every one whose title to them may be so established. Transmission I propose to transmit this Despatch by a Convict Vessel which of despatch. it is proposed to send on a direct voyage from this Country to Norfolk Island, having on board a large Body of transported Convicts of the worst description. After touching at Sydney, the Vessel will proceed to her place of destination. It will be Military force your duty to consider carefully whether the Military Force for Norfolk stationed at Norfolk Island will probably be equal, under the island. altered circumstances of the case, to the demands which may be made upon them. If your conclusion should be that there is any serious ground for distrust on the subject, you will desire the Lieutenant General Commanding Her Majesty's Forces at Syd­ ney to reinforce the Troops stationed at Norfolk Island by such a Detachment as it may he in his power to make. On so fertile a subject as the Government of Prisoners in a state of things so peculiar as that which must prevail at Norfolk Island, a multitude of suggestions present themselves on which I might be disposed to comment, if I were not solicitous to avoid distracting your attention and my own from matters of Chief importance to those of a secondary interest. I therefore decline,. for the present, to enter more at large into the various discus­ sions to which the question invites me. For my immediate pur­ pose, it may be sufficient to have touched on the topics already Desire for noticed. But I cannot close this Despatch without recording amended system how earnest is the solicitude which Her Majesty's Government of convict discipline. feel for the success of their efforts to introduce an amended system of Convict Discipline, and how gladly they will receive and consider those full reports on every branch of the subject, which it is to be hoped that the experience of Captain Childs will STANLEY TO GIPPS. 699

be able to furnish periodically, and in all requisite detail. In this 1843. branch of his duties, also, he will, I trust, be guided by your 29APri!' experience, as it will be in your power to point out to him how such reports can be compiled and arranged in the manner most conducive to perspicuity and practical usefulness. I have, &e, STANLEY. [Enclosure.] PROPOSED Appointments for the Penal Settlements at Norfolk Appointments Island proposed at u- Pe annum Norfolk island. One Superintendent with a Civil Salary of (being £ s. d. a Field Officer, with Military Pay and Allow­ ances) 600 0 0 One Visiting Magistrate, with forage in kind 182 10 0 One Superintendent to each 300 Convicts, with Salary at the rate of 200 0 0 One Assistant Superintendent to each 100 Convicts, with -Salary at the rate of 75 0 0 Two Religious Instructors, each at 250 0 0 One Storekeeper at ,.. 200 0 0 One Assistant ditto at 120 0 0 One at 200 0 0 Three Clerks ^ One at 150 0 0 One at 100 0 0

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 61, per ship St. George.) My Lord, Government House, 30th April, 1843. so April. I have the honor to report to Your Lordship that Mr. Arrival of S. E. Milford. S. F. Milford arrived in this Colony on the lst Jany.; and that, under the directions contained in Your Lordship's Despatch, No. 175 of the 26th August, 1842, he was sworn into the Office of Master in Equity on the 24th of the same month of January in the present year. I have, &c, GEO. GIPPS.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 65, per ship Clara.) Sir, Downing Street, 1st May, 1843. I May. I have the honor to acknowledge the receipt of your Dis- Despatch patch No. 188 of the 13th of- October, 1842, forwarding Lists of ackno^ged. Immigrants landed at Port Phillip from the " Earl of Durham " and the " Platina " on account of Mr. Dendy, the purchaser of a special Survey in that District. 700 HISTORICAL RECORDS OF AUSTRALIA.

1843. This Dispatch was referred, according to your suggestion, to 1 May. the Commissioners of Colonial Land and Emigration, and I Transmission transmit to you herewith, for your information and guidance, a of report. copy of the Report which has been furnished by that Board on

the subject. j have> &c_;

STANLEY. [Enclosure.] LAND AND EMIGRATION COMMISSIONERS TO UNDER SECRETARY STEPHEN. Colonial Land and Emigration Office, Sir, 9 Park Street, Westminster, 21 April, 1843. Report re In pursuance of Lord Stanley's directions contained in your immigrants letter, of the 21st Ultimo, We have perused Sir George Gipps's landed at Port Phillip on despatch, No. 188 of the 13th October last, forwarding Lists of account of Immigrants landed at Port Phillip from -the " Earl of Durham " H. Dendy. and the " Platina " on account of Mr. Dendy, the purchaser of a special survey. Sir George Gipps. states that he is not aware of the precise terms on which these persons had been sent out; but that he has caused the Bounties to be calculated which would have been pay­ able on them, if they had come on the Bounty System, and he en­ closes the results. He also points out that, among the Passengers by the Lord Durham, are several who are not eligible under the Bounty Regulations. We have the honor to state that the terms, under which the Emigrants mentioned in this Despatch went out, were those accord­ ing to which a Purchaser, who paid for a certain amount of Colo­ nial Land in this Country, was entitled to name a corresponding number of Laborers to be taken out on his behalf, if approved by our Board. This arrangement, having been submitted to the Secretary of State, appears to have been communicated to the Gov­ ernor, at the time it was made, in a Despatch from the Colonial Department dated- the 5th Augt.. 1840. The Superintendent also at Port Phillip, to which part of New South Wales alone any Emi­ grants have been sent out by this method, has been on various occa­ sions furnished from this Office for his information with copies of the Agreement, under which it has been customary to provide for the conveyance of such persons; and, in the particular case of the " Earl of Durham " which varied in some respects from previous vessels, he was supplied with an exact copy of the agreement made for that ship. As the original rules of Selection afterwards under­ went some slight modifications, which we believe were not for­ warded to the Governor, we beg to enclose a few extra copies of them in their present shape. On looking to the cases which it is mentioned would have been ineligible for Bounty, we And that they amount to six, being Laborers whose callings do not fall within the limited list con­ tained in the Bounty Regulations. But we have to report that they were not excluded by the Rules under which they were sent out. And when it is stated that these parties consisted of one Surveyor, two Brickmakers, two Shoemakers, and a Nailer, we think it will be apparent that they are of a description by whose introduction STANLEY TO GIPPS. 701 the Colony can hardly be considered to have suffered. Indeed it is 1843. remarkable that, in the last General Report from the Agent at IMay- Sydney, both Sawyers and Brickmakers are particularly alluded to Report re m i ra as desirable, with an observation also that the former are always j "J | fp ,t paid for by the Colonial Government. Although, therefore, it is p^imp on *"' true that, under the Bounty Regulations, the Ship owner might account of at the discretion of the Local Government have been subjected to a H- DencJy- forfeiture of £308 on the introduction of the above mentioned laborers, we beg to state that he was not liable to any such penalty under the arrangement by which they were carried out, and that, before the receipt of the present Despatch, he had, according to the contract, received the sum stipulated to be paid to him for their passage. With reference to the calculation which the Governor has caused to be made of the amount these Emigrants would have cost under Bounty, it may be proper to mention that,toy th e actual agreement respecting them, their passage money was to include Medical Super­ intendence and ali other charges, while we observe that the Lists transmitted to us are confined to a statement of Bounties, without including the Gratuities payable to the Surgeon and other parties. We annex a Memorandum including those expences,toy whic h it will be seen that the total cost of introducing the 239 Passengers by the " Earl of Durham " and Platina would have been £2,073 under the Bounty System, and that the actual cost has been £1,313, so that there has been a saving of £160 or about £1 3s. a head. We do not attach any particular importance to this result, occurring on so limited a scale, or wish to draw -any practical in­ ference from a single instance; but, as the lists in question may have been drawn out with a view to some general statistical pur­ poses, we have thought it would be desirable to render the informa­ tion complete. We hav6i &C-> T. FREDK. ELLIOT. EDWARD E. VILLIERS. [Sub-enclosure.] MEM. Shewing what would have been the total cost of all the Emi- Comparative grants by the " Earl of Durham " and " Platina " on Bounty, and sta*.g™fnt o£ what has been the actual cost. immigrants. 9 Park Street, Westminster, 21st April, 1843. 119 Passengers pr. " Earl of Durham "— Bounties £1,693 0 0 Gratuity to Surgeon 62 9 6 „ Master, etc 38 1.3 6 ,, Hospital Man 3 0 0 ,, „ Constables i 0 0 ,, „ Schoolmaster 5 0 0 20 Passengers pr. " Platina "— £1,806 3 0 Bounties 250 0 0 Gratuities 17 0 0 267 0 0 Total £2,073 3 0 Total actual cost of the above Emigrants— " Earl of Durham " 1,660 1 10 "Platina" Saving 253 5 2 £159 16 0 • £1,913 7 0 702 HISTORICAL RECORDS OF AUSTRALIA,

1843. SIR GEORGE GIPPS TO LORD STANLEY. 5 .May. (Despatch No. 63, per ship St. George; acknowledged by lord Stanley, 29th September, 1843.) My Lord, Government House, 5th May, 1843. Transmission I have the honor herewith to forward a Memorial, which of memorial. has this day been put into my hands by a highly respectable Deputation from the Association which has been formed in this Colony, for promoting the introduction into it of Laborers from India. The Memorial is addressed to Your Lordship, and is signed by 686 persons, including a very large proportion of the proprietors of Land and Stock in the Colony and 104 Magistrates, out of a total number of 365. Reference to I cannot however forward it, without referring to the Petition previous against the Immigration of Labourers from India, which was memorial. transmitted to Your Lordship with my Despatch No. 37 of the 27fh March last, very numerously signed, principally by persons of the. working Classes. Opinion adverse Having not only in Despatches fo successive Secretaries of of coolies. State, but also in addresses to the Legislative Council, frequently expressed the extreme regret with which I should see the Colony driven to the necessity of introducing Coolies, whilst I cannot but at the same time admit the urgent want of cheap labour in the Colony, I feel I shall best discharge my own duty by sub­ mitting the Petition, without further comment, to Your Lordship. I have, &e, GEO. GIPPS. P.S.—The Document which I forward is a Copy only; but, the Original signatures are deposited in the Office of the Secretary of this Colony. [Enclosure.] Memorial from THE Memorial of the Undersigned Members of the Association introduction of for Obtaining Permission to Import Coolies, or other Indian coolies. Labourers from India. To the Right Honorable Lord Stanley, Her Majesty's Principal Secretary of State for the Colonies, etc., etc., etc., Respectfully Sheweth, That Memorialists, as Members of the above Association, being Agriculturists, Stockholders and others, employers of labour in New South Wales, respectfully entreat your Lordship's attention to the inevitable ruin with which they are now threatened from the scarcity of labour. That, in the present depressed and embarrassed State of the Colony, " originating in causes to which they deem it unnecessary to advert," Memorialists cannot calculate upon any assistance from that source of Revenue from which Immigration has been hitherto supported, or at all events not to an amount commensurate with the necessities of the community. GIPPS TO STANLEY. 703

That under these circumstances the attention of your Me- ^1843. morialists has been directed to the means by which the class of h May- labourers in more immediate demand may be most readily obtained, Memorial from the scarcity of labour already felt, and the high rate of wages association for demanded, being to an extent quite incompatible with the Growth i^fa^coXes of Wool. That the advantages derived from the Importation of Hill Coolies or Dhangurs into the Mauritius, and the experiment partially but successfully tried a few years ago of their introduction into New South Wales, have induced your Memorialists to look to India as a quarter from whence, and at an early period, a Class of Immi­ grants might be obtained in every respect suited to the pressing wants of Memorialists; experience having shown that the Class alluded to are well qualified for pastoral pursuits, in which their services would be principally required. That Memorialists have seen, with much interest, a copy of your Lordship's Despatch " No. 47, dated 22nd January, 1842," addressed to His Excellency Sir Lionel Smith, together with an order in Council respecting the introduction of free labour into the Mauri­ tius from India, from which they anticipate the immediate removal of the prohibition by which such Immigration has for some time been suspended. That Memorialists are most desirous of being permitted to par­ ticipate in the advantages of a similar measure; and they feel confident that, whilst your Lordship and Her Majesty's Govern­ ment have thought proper to acquiesce in a plan deemed necessary for the welfare of another Colony, your Lordship will, with that spirit of impartiality and justice which ever characterised your Lordship's Administration, not hesitate to grant a like concession equally indispensable to the Welfare of New South Wales. That, should your Lordship be pleased to extend to this Colony the benefit of the measure in question, Memorialists will be pre­ pared to adopt the principles contained in that Despatch, which vour Memorialists conceive has been framed with a view to secure the protection of the Emigrant Indian Labourer; and which object Memorialists propose to attain in a mode as satisfactory as that prescribed by your Lordship, but at the same time by one better suited to the circumstances of the Colony and more within the means of Memorialists to accomplish (Appendix No. 1). That Memorialists are the more sanguine that your Lordship will extend to them the boon they solicit, inasmuch as many of the objections which might be urged against the introduction of Indian Labourers into other Colonies do not apply to New South Wales, " Appendix No. 2 "; and they would respectfully suggest to your Lordship that the employment of Coolies as Shepherds would not interfere with the Europeans engaged in other branches of industry, such European Labourers being generally averse to pas­ toral pursuits, whilst the Coolies have been found well adapted for that employment and have exhibited a remarkable example of honesty, sobriety, and thrift, the latter being strongly exemplified in the' sums which many of them have deposited in the Savings Bank during a few years' service. " See Appendix No. 3." Memorialists trust that your Lordship, in conceding the object of their prayer, will perceive that the interests of humanity and the welfare of this Colony would be alike consulted. It is well known that the race, which Memorialists are desirous to import, are 704 HISTORICAL RECORDS OF AUSTRALIA.

1843. frequently exposed to the most painful privations in the own Country, 5 May. and that famine itself is not an unusual occurrence amongst them, Memorial from Their removal to this Colony, which possesses a climate congenial association for to the Indian constitution, and where the reward of Labour is so introduction of much Superior to that afforded in their own Country as to enable Indian coolies. them to return to India at the expiration of their contracts, with a competence to them sufficient for life, would therefore not only promote their present relief but also secure their future and per­ manent interests. Your Lordship's Memorialists likewise respectfully submit that the introduction of Coolies into and their residence in this Colony cannot fail to a certain extent to communicate to them the habits of civilized life, and, by the removal of prejudices, render them more accessible to the influence and adoption of Christian prin­ ciples. Memorialists would respectfully refer your Lordship to the last Report of the Committee of the Legislative Council of this Colony on Immigration, in which it is stated that they, " the Com­ mittee, deem the continuance of Immigration to be altogether indis­ pensable to the improvement and even to the maintenance of the Colony." And Memorialists would urge the fact that the copious Stream of Immigration, which has flowed from the United Kingdom to New South Wales during the last two years, has produced only a temporary relief of their necessities, an extraordinary portion of the Immigrants having themselves become employers of labour, and thus increased the diflculties of the Settler, the natural increase of whoseflocks annually demands an increasing supply of Shepherds. With such important considerations before your Lordship, Me­ morialists feel assured that your Lordship will not hesitate as to the propriety of acceding to their prayer,, the expedient which they now present to your Lordship's attention being, in the estimation of Memorialists, the only one calculated to avert the ruin with which they are now threatened, and to promote that return to pros­ perity, which, in the same manner as the abundance and cheap­ ness of convict labour created their former Land fund, may again enable the Colony under improve[Appendidx resourceNo, 1.] s to recur to the Mother Proposed ONE of Countrthe Clausesy fo inr Immigrantsthe Order of Council, on the removal of restrictions on Coolie regulations [hereEmigratio follown to th Signatures.]e Mauritius, if enforced with regard to New South Wales, would re Indian render Immigration from India to this Country almost impossible, on account of the immigrants. heavy expeuce. It is stipulated that only one passenger shall be embarked for every Two Register Tons ; when Ships having Immigrants on Board are permitted to leave Calcutta, at all seasons of the year or particularly during the prevalence of the South West Monsoon (from March to September or October), the above clause is no doubt a necessary Stipulation on account of the great heat and humidity combined, so preva­ lent during this Monsoon, such a state of the atmosphere in Tropical Climates in­ variably producing disease amongst human beings especially if crowded together on Ship board. But, if it were prohibited under heavy penalties for any Emigrant Ship to leave India bound for New South Wales at any season of the year except during the North East Monsoon, the above stipulation would be rendered quite unnecessary; on the contrary, if consulting the interests of humanity, Coolies can be Shipped from Calcutta to the Mauritius (as they are now) in the ratio of one Coolie for every Two Tons Register, during the South West Monsoon, they could with much greater safety and comfort to the Immigrants themselves be Shipped to New South Wales in the ratio of Two Coolies for every ton Register, during the prevalence of the North East Monsoon; a reference to Nautical Men acquainted with the Navigation of the Indian Seas will establish this fact beyond all doubt. GIPPS TO STANLEY. 705

It is also Stipulated that every such Immigrant on arrival, and for forty eight 1843. hours after, shall continue unfettered by any engagement; although this may be 5 May. suited to the Mauritius, it would be attended with much inconvenience if enforced • with reference to Coolies arriving in New South Wales ; no doubt it was advisable Proposed to make the line of distinction between the arrival of free Immigrants and a cargo regulations of slaves as broad and marked as possible. In an old Slave holding Country like re Indian the Mauritius, this may be necessary ; but it is not at all adapted to the circum- immigrants. stances of New South Wales, for this reason, it is manifestly the interest of all parties that the sooner the Immigrants meet with engagements the better; this proviso would have the effect of causing delay and encreased expenses. But as the above regulations were framed entirely with a view to protect the rights of the Indian Immigrant, It might safely be left to the wisdom of His Excel­ lency and the Legislative Council, having the same object in view, to enact such a law as would be more suited to the circumstances of the Colony. [Appendix No. 2.] THE powerful address made by Lord Brougham on one occasion against granting Reply to permission on the part of Her Majesty's Government to allow Indian Immigration, objections being based on the palpable fallacy that the Hill Coolies are Hindoos, which they to Indian _ are not, being pagans, it is respectfully submitted that the whole superstructure immigration. of His argument must fall to the Ground. It has been asked by the opponents of Indian Immigration, why go to Asia for a coloured race to tend the flocks and herds of the Country, when the aborigines still exist in considerable numbers in Australia ; the answer to this is very simple ; The Country produces in such abundance the food with which they are satisfied, that all attempts to induce them to Labour for any length «f time have hitherto proved abortive, the task of attempting to civilize them has not been left to indi­ viduals but has been undertaken by the Government of the Country ; and now at the end of fifty years what has been the result, what have the Australian Aborigines learned from holding intercourse with Europeans ; positively nothing, except it may be to practice some of the white man's vices. The disadvantages attending the blending of the two races, European and Indian, thereby producing a race of half-castes in the Country has been put prominently forward by certain parties as an objection to Indian Immigration ; but this appears to be entirely visionary; the number of Immigrants would be much too small to have any sensible effect; no one has ever heard of disadvantages arising from the blending of the two races, Europeans and the Australian Aborigines; yet they have been associated in the same Country for the last half century. That the Coolies are Pagans; there is therefore the more reason they should be brought here to be made Christians, and the probability is that, when they return to India, they will carry back with them the religious belief and civilized habits of Europeans with whom they have been associated. The Coolies, being of no caste, are contented with the produce of the Country whatever it is. The objection, that has been raised that Indian Immigrants would carry away with them their earnings when they leave the Country, may appear at first sight to have some weight; but, if the matter is narrowly examined, the charge cannot be sustained ; supposing that every Coolie engaged in pastoral pursuits creates an Annual profit to his Employer of twenty five per cent, on the Capital invested, say five per cent, of that amount is paid him as wages; still there remains a profit of twenty per eent. that is created to the Country by his labour. Neither does it by any means follow that, at the expiration of their agreements, the Ooolies would return to India; on the contrary, those in the service of a highly respectable Gentleman here, on the expiration of the period for which they were hired, volun­ tarily renewed their engagements for an additional number of years; it is even submitted that it is better that a small portion of the Capital of the Country should be abstracted in the above way rather than that it should be sent to England in exchange for ardent spirits, demanded by the British labouring Class of the Community. Some have pretended to be afraid that the presence of a large number of a Coloured race might lead hereafter to their being enslaved. This mistaken notion arises almost entirely from the ignorance of the nature of this Class of Immigrants. They are by no means so patient of injury as may be supposed ; but are both able and willing to seek redress for any wrong done them; besides iSERt is. proposeI. VOLd. thaXXII—t the2y Yshal l have written agreements from their employers, stating that, at the expiration of their term of service, they are at liberty to return to their native Country. It is' further respectfully submitted that the right, which has been assumed of detaining these Coolies in their own Country, is not capable of being defended on the Score of Justice or humanity. As British subjects, they are entitled to bring their labour to the best market; Laws have been enacted by Parliament to confine 706 HISTORICAL RECORDS OF AUSTRALIA.

1843. offenders in one particular Country; but an order in Council to prevent the free 5 May. subjects of the Queen from Immigrating from one part of Her Majesty's Dominions to another certainly appears an anomaly in Legislation. [Appendix No. 3.] Money BY a Document dated 4th February, 1843, duly attested by Mr. Miller the Accountant deposited in of the Savings Bank, Sydney, it appears that about Ten or Twelve Ooolies commenced Savings bank depositing in the Savings Bank in July, 1838, and, during that year and the years by coolies. 1839, 1840 and 41, had accumulated Sums varying from Twelve Pounds to Sixteen Pounds Sterling each.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 66, per ship Clara; acknowledged by Sir George Gipps, 5th January, 1844.) 6 May. Sir, Downing Street, 6th May, 1843. Transmission I transmit to you herewith the Copy of a letter from Sarah of letter from Mather, making enquiry respecting ber son Ellis James Mather. S. Mather. You will be so good as to furnish me with any information, which you may be able to obtain on the subject. I have, &c, STANLEY. [Enclosure.] MRS. MATHER TO LORD STANLEY. My Lord, 2 High Street, Newington Surrey, 28 April, 1843. Request for My Son, Ellis James Mather, left this Country.in the year report re E. J. Mather. 1823 and proceeded to the Settlement of Honduras, from thence he went to the Dutch Colony of Batavia, and. the last time I received any intelligence respecting him, it was reported that he was at Sydney, New South Wales, or Hobart Town, Van Diemen's Land. I have therefore to request that your Lordship, having the Colonial Department under your charge, will direct the Governors of the two last mentioned Colonies to enquire if sueh a person is known; as I am naturally very anxious to learn his fate whether he be living or dead. By obtaining for me this information, your Lordship will confer on me a great kindness, and awaiting the favor of a reply from your Lordship's Oflice. I have, &c, SARAH MATHER. LORD STANLEY TO SIR GEORGE GIPPS. (A circular despatch, per ship Clara.) Sir, Downing Street, 6th May, 1843. Instructions re The Lords Commissioners of Her Majesty's Treasury hav­ advices of bills ing stated to me that, in some instances, irregularity has occurred drawn by governor. in the manner in which Bills drawn on them by the Governors of some of Her Majesty's Colonies are advised of, I have to desire that, in any case in which in the execution of your public duty you may have to draw Bills either on their Lordships or on the Paymaster of Civil 'Services, you will take especial care to advise their Lordships or the Paymaster of Civil Services, as the case may be, of such Bill, independently of any report on the subject which you may address to me. I have, &c, STANLEY. GIPPS TO STANLEY. 707

SIR GEORGE GIPPS TO LORD STANLEY. 184S. 6 May. (Despatch No. 64, per ship St. George.) My Lord, Government House, 6th May, 1843. In my Despatch No. 40 of the 31st March last, when re- Reference porting on the proposal to grant a Charter to the Union Bank of despatch1 Australia, I incidentally mentioned that public attention was then very painfully directed to the subject of Banking, in conse­ quence of its having been discovered that the affairs of the Bank of Australia (not the Union Bank of Australia) had been grossly mismanaged, and I gave a few instances of the mismanagement which I reported. I have now to inform Your Lordship that instances of more Fraud in direct fraud, though not of greater mismanagement, have within Sy ney anc' these few days been brought to light in respect to the Sydney Bank; and that much distrust exists in the public mind in regard Public distrust C-IIT->I • of banks. even to some of the other Banks. In the Sydney Bank, it is discovered that large sums of money Use of funds have been applied by the Manager and Accountant to their own bymanagerand use; by the former it is said to the amount of £4,000, by the staff- latter of £4,500; and also, that every Clerk in the establishment has been allowed, in a greater or less degree, to anticipate his Salary, or, in other words, to make use of the funds of the Bank. I have also further to report that the Port Phillip Bank has Suspension of , , . . , -, -. , _T -r Port Phillip suspended its operations, though under what circumstances 1 am bank. as yet not thoroughly informed. By the enclosed Beturn of Banks in the Colony (which is car­ ried down to a period three months later than the Beturn for­ warded with my Despatch of the 31st March last), it will be seen Capital of that the Sydney Bank and the Port Phillip Bank are happily the lortFhiUip least important of the whole, the paid up Capital of the former l>anks- being £153,720, and of the latter £52,915 only. Though cautious to avoid the imputation of needlessly spread­ ing alarm, I have on various occasions, as well in my Despatches to your Lordship as in my place in the Legislative Council, ex- Evils of over- pressed my apprehension of the evils, which were likely to result from the extent to which speculations on borrowed money have been carried on in this Colony, and the facility with, which per­ sons of no real substance obtained Discounts at the Banks. Re­ cent events have only confirmed the opinions, which I have long entertained and often expressed, that nearly all the evils, under which this Colony has laboured and is now labouring more severely than ever, are to be ascribed to the reckless rapidity with which Capital of all sorts, but especially Banking Capital, was poured into it, seeking greedy gains at usurious interest 708 HISTORICAL RECORDS OF AUSTRALIA.

1843. between the years 1834 and 1840, the mischief beginning with the 6 May. commencement of Business by the Chartered Bank of Australasia in 1836. Capital of In the year 1834, there were two Banks* only in the Colony, banks in colony. their united paid up Capital being on the lst January in that year £84,321. Nine years later, or on the lst January, 1843, there were seven Banks,* with Capital paid up to the amount of £2,300,955. The following table shews the number of Banks in the Colony, with their collective paid up Capital, on the first day of January in each year from 1834 to 1843, both inclusivef:— Year. No. of Banks. Paid up Capital. 1834 2 .. .. £84,321 1835 3 .. .. 142,870 1836 4 .. .. 452,631 1837 4 .. . . 528,408 1838 4 . . .. 685,527 1839 5 .. . . 1,012.742 1840 5 . . . . 1,300,875 1841 6 1,717,020 1842 7 . . . . 1,905,093 Effect of 1843 7 .. . . 2,300,955 banking capital It is a remarkable fact that this great abundance of Banking on rate of interest. Capital has not, since 1834, produced a reduction in the rate of Interest, but, on the contrary, that the interest of money con­ tinued to rise, until it attained in 1841 and 1842, in some cases, 15 per cent, in Sydney, and even 20 per cent, in Port Phillip. This fact must, I fear, be taken as proof that the Lenders of Money in New South Wales, looking to a high rate of interest rather than to the security of their Capital, have lent largely to parties, who never ought to have been trusted. The same fact was, I believe, observed in the United States during the years which preceded 1837, and accounted for in the same manner.

Run on I have further to inform Your Lordship that, during Monday Savings bank. and Tuesday last, the lst and 2d of the present Month, a run was made upon the Savings Bank of New South Wales, and that, during those two days, deposits to the amount of more than £20,000 were withdrawn; but a Committee which I (at the re­ quest of the Trustees) immediately appointed to enquire into the affairs of the Bank, having reported very favorably of its actual condition and of the integrity with which it has been managed, I think I am warranted in saying that confidence is already restored to it.

* Note 59. t Marginal note.—Two of these Banks, however, Vizt.: the Bank of Australasia and the Union Bank of Australia trade in the other Australian Colonies, as weil as in N. S. Wales. STANLEY TO GIPPS. 709

The Committee of Inquiry was composed of the following 6 ihly. gentlemen:—Mr. Miller, the Deputy Commissary General, Mr. Comm^e o{ Hastings Elwin, a gentleman well known at the Colonial Office, inquiry re having acted as Commissioner for the Distribution of the com- Savings bank- pensation money granted by Parliament under the Act for the Abolition of Slavery, and Mr. Thomas Icely, a retired Merchant of Sydney, possessing large Estates in the Colony, and enjoying the full confidence of the public. In the midst of so much pecuniary distress, it is consolatory Finances of to me to be able to report to Your Lordship that the Government s°vernment is able to meet its engagements, and that, notwithstanding we sell no Land, I have been able in the fourfirst month s of the present Redemption of year to pay off Debentures to the amount of £27,900. The total Amount of Debentures issued in 1842 was, as re­ ported in my Despatch No. 116 of the 8th July, 1842, £49,500, Debentures of which sum only £21,600 now remains outstanding. The fact of having paid off these Debentures will sufficiently prove to Your Lordship that I have succeeded in keeping the .ordinary expenses of Government well within its income. In the course, however, of a few days, I shall be able to forward the accounts of the year 1842, exhibiting the same more plainly; these accounts (in the shape in which they are usually laid before the Legislative Council) being now in the hands of the Printer. I have, &o, GEO. GIPPS. [Enclosure,] [This was the usual printed return.*]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 67, per ship Clara.) Sir, Downing Street, 7 May, 1843. 7 May. I transmit to you, herewith, for your information a copy Transmission of a Despatch which I have addressed to Lt. Governor Sir Eardley ° espac Wilmot on his departure for Van Diemen's Land, with reference to the question of Convict Discipline in that Colony. I have, &c, STANLEY. [Enclosure.] LORD STANLEY TO LIEUT.-GOVERNOR SIR E. WILMOT. Sir, Downing Street, 24th April, 1843. Having in my Despatch No. 1 of the llth transmitted to you a Warrant under Her Majesty's Sign Manual, authorising you to assume and execute the Oflice of Lieut. Governor of the Island of

Van Diemen's Land and its* Dependencies Note 53, , I now bring together 710 HISTORICAL RECORDS OE AUSTRALIA.

1843. some miscellaneous Instructions which will be necessary for your 7 May. guidance in the discharge of the trust which Her Majesty has thus Instructions to been pleased to confide to you. Eor a general complete explanation Sir E. Wilmot re of the duties and powers of Your Office I refer you to the Com­ his salary as mission* under the Great Seal addressed to Sir George Gipps, which lieut.-governor ; it will be your duty to administer, and to the general Instructions accompanying it under Her Majesty's Signet and Sign Manual. First, The Salary of your immediate Predecessors has been £2,500 per annum. But they have enjoyed very considerable additional Emoluments. These appear to have been the occupation of a Gov­ ernment House at Hobarton, of a Country residence about 20 Miles distant from that place, and of a dwelling House at Launceston. They have also had the occupation, rent free, of a larger Govern­ ment Farm and of an extensive Kitchen Garden. For the main­ tenance of the Farm and Garden, there has been an annual vote of £800. Convict Labor has been employed in the cultivation of them, and the Domestic Establishment of the Lieut. Governor has also been supplied by Convicts rendering to him a gratuitous service. Hence forward the Lieut. Govr.'s Salary will be £3,500 per annum. But he must renounce every other pecuniary advantage or source of Emolument, excepting only his official Residence at Hobarton. If indeed your own personal or domestic convenience should require the occupation of the Farm or the Country Residence already men­ tioned, there will be no objection to your availing yourself of them. employment of convicts by But if you should do so, the charges of cultivation, repair, etc., self or officials; must be sustained entirely by yourself unaided by any allowance from the. Public Treasury for the purpose. Secondly. The practice of employing Convicts about the Resi­ dence or the Person of the Lieut. Governor or his Family must be wholly discontinued, and the prohibition must apply to every other Public Officer. If you or they should have occasion to hire any Convict Servant, the hiring must be effected, and the wages paid, estimates for precisely in the same manner, as in the case of the private employer convict of any such Servants. The result will be that the Holders of Pro­ services; bation Passes or of Tickets of Leave will be the only class of Con­ victs from which Domestic or other servants can be engaged by yourself or by any other Public Officers in Van Diemen's Land. Third. Ref erring you to my Despatches No. 175 of the 25th Novr., 1842, and No. 182 of the 12th Deer, of -the same year, and also referring you to the accompanying correspondence between this Department and the Home Office and the Lords of the Treasury and regulations (The dates of which are enumerated in the margin), I am to for convict desire that, in concurrence with the Colonial Secretary, the discipline. Comptroller of Convicts, and the Head of the local Commissariat, you would take the earliest opportunity of preparing and trans­ mitting to me the Estimates for Convict Services for the year 1844-5. Fourth. In reference to the same series of documents, I have further to direct that the Comptroller of Convicts be required to proceed with the utmost practicable promptitude in framing all such Rules as will be necessar* Notye 60fo.r carrying these Instructions into effect. -Such Rules will determine the number of the Probation Gangs, the locality of each Gang, the precise labor to be assigned to each, the Officers under whose more immediate inspection and authority such labor is to be performed, the duty, responsibility detailand subordinatios of the servicn ofe everwhicyh suc ith ma Officery be ;possibl with eal lt oth reduce moree int minuto the STANLEY TO GIPPS. 7H

form of positive Regulations. It will be your duty to revise and 1843. sanction sueh Regulations before they are established as the General 7 May- Rule of conduct for the Officers of that Department. The vigilant instructions to enforcement of a due observance of them will be the Comptroller's sir E. wilmot w duty. They will continue in force until Her Majesty's Pleasure shall be known; and, unless then disallowed by Her, the Instruc­ tions contained in the Despatches I have enumerated will form the basis and afford the principles on which all such Regulations must be framed. I enclose a list of the contemplated Convict Establishment. If convict any reduction shall appear to you to be practicable, it must of establishment; course be made. No new Candidate for Public Employment must be introduced into this Branch of the Public Service so long as a Competent Candidate shall present himself amongst the persons who have already been employed in it. You will be much on your guard against giving rise to embarrassing claims for Compensation for loss of office. Fifth. I have to call your particular attention to that part of the periodical Instructions already mentioned, which relates to periodical Returns. retw-ns; You will be careful to see that the utmost possible expedition is used in preparing and transmitting to this Country such a pre­ liminary Return as may place Her Majesty's Government in pos­ session of a complete view of the number of the Convicts of each Class and of either 'Sex, of their distribution, localities and employ­ ments, and of whatever else can throw light on their state and prospects at the commencement of your Administration. Sixth. I enclose an Act of the present Session of Parliament pardons and (6 Vict., Chap. 7), which has been passed in pursuance of the inten-r ^}|Js?lonB.?? tion announced in my Despatch of 25th November last. The result p is that henceforward no Pardon can be granted to a Transported Convict except by the Queen Herself, under whose order it will be competent to you to issue a Pardon in Her Majesty's name. But the power of granting Remissions or Mitigations of Punishment, falling short of an actual Pardon, may now be exercised by you within the limits prescribed by the Instructions already mentioned. In the exercise of that power, you will give effect to every pro­ mise or expectation of such indulgences which may have been held out by your immediate Predecessor. Seventh. It is my earnest hope that it will -be in your power to and reduction effect a considerable reduction of the charge hitherto thrown on maintenance the British Treasury for the maintenance of Convicts in Van Die- 0f convicts. men's Land. I found this hope partly on the prospect of a better revised and corrected Estimate, and partly on the Conviction I entertain that, with such a command of labor and with such means of employing it in producing all thefirst necessaries of life, you will find it possible to make the Convicts contribute very largely to their own subsistence. This is the first and most essential object to which their labor should be directed; nor is it easy to understand how, if firmly and judiciously directed, it should fail to produce such a resource in ample abundance. I cannot quit thfis subject without impressing on you the necessity of maintaining the most unreserved and confidential intercourse with the Comptroller of Convicts on the subject of his peculiar province, nor the equally necessary duty of laboring to prevent the growth of jealousies between that Officer and the Colonial Secre­ considerabltary, on whose encroachmente functions,. a sAn hitherty sueho schisunderstoodm will, b eh e'bes will,makt preventee da 712 HISTORICAL RECORDS OF AUSTRALIA.

1843. by distinctly defining their respective duties at the commencement, 7 May. and by requiring the Comptroller to give the Colonial Secretary the Instructions to fullest access to all documentary and other information on topics Sir E. Wilmot re which may have been brought by the Comptroller under your notice, and on which he may have received Instructions directly from your­ self. It is my earnest hope and firm conviction that the remem­ brance how much the Public Interest is involved in their cordial cooperation will stifle in its origin every feeling which, if indulged, religious might lead to discord and alienation between them. instruction of convicts ; Eighth. You will have difficulties of no ordinary kind to encounter in what relates to the critical subject of the Religious Instruction of the Convicts. In my Despatches, already referred to, I have explained the relation in which their Religious Teachers are to stand to the Comptroller of Convicts. If that Officer should think it necessary to proceed to the extreme measure of removing any Religious Minister, you will of course very maturely weigh the grounds of any such measure before you sanction it. If it should and classifica­ affect any Minister of the Established Church of England, you will tion of convicts. not act without a full previous communication with the Bishop of the Diocese. With respect to the Classification of the Prisoners, the best consideration I can give to the subject leads me to think that it would be desirable that separate Gangs should be formed, con­ sisting as far as possible exclusively of Protestants, or exclusively of Roman Catholics, in order that the Ministrations of Teachers of the Protestant and the Roman Catholic Churches may not be brought into an open and active rivalry with each other. There may, of course, be countervailing disadvantages in such an arrange­ ment. I am, therefore, better satisfied to commend the subject to your careful attention than to fetter you toy any positive Instruc­ tions respecting it. I have, &c, STANLEY. [Sub-enclosure No. 1.] [This was a parliamentary paper, entitled " Convict Discipline and Estimates," printed 3rd April, 181+3.] [Sub-enclosure No. 2.] [ThisLOR wasD STANLEa copyY ofTO theSIR statute,GEORGE GIPPS 6 Vict.,. c. vii.] (Despatch No. 6S, per ship Clara.) 8 May. Sir, Downing Street, 8th May, 1843. Requisitions I have to acknowledge the receipt of your Dispatches received for medical No. 164 of the llth and No. 165 of the 12th September, 1842, department. transmitting requisitions from the Principal Medical Officer for Medicines and Stationery for the Convict Medical Department in New South Wales, for the year 1843. Having referred those Requisitions to the Director General of the Army Medical Department, I enclose Copies of two Reports furnished by that officer, in which he suggests certain deductions in the Requisitions. I forwarded Sir James Macgrigor's Reports for the considera­ tion of the Lords Commissioners of the Treasury, who have stated STANLEY TO GIPPS. 713 that they have ordered the Articles to be forwarded to the Colony 1843. subject to the modifications suggested by the Director General. 8 May' I have to desire that you will take such measures as will en- Further details sure the regular transmission with future requisitions of the reiuired- more complete explanatory information adverted to in Sir James McGrigor's report of the 24th March. I have, &c, STANLEY. [Enclosure No. 1.] SIR JAMES MCGRIGOR TO UNDER SECRETARY STEPHEN. Sir, Army Medical Department, 24th March, 1843. I have the honor to acknowledge the receipt of your Letter Proposal for of the 18th Instant enclosing a Requisition for Medicines and Sta- ^"j^t-™*" tionery for the Convict Medical Department in New South Wales requi£ for the year 1843; and, in returning the same herewith, I have the honor to submit, for the information of Lord Stanley, that this demand is in my opinion unnecessarily large in the Items noticed in a list herewith enclosed; and I would therefore recommend that this Requisition may be subjected to the deductions enumerated in the said List. In suggesting these deductions I have been guided by the latest data in my possession, viz., an annual Return of the receipts and Issues of Medicines from the lst April, 1840, to the 31st March, 1841 (animadverted upon for the information of the Secretary of State for the Colonies in my Letter to the Deputy Secretary at War, dated 24th May last), and the Invoices of subsequent sup­ plies, dated 8th March, 1841, and 2nd June, 1842. The following quotations from these documents and from the present Requisition are given as instances of an excessive demand, which I would recommend to be brought under the special notice of the Governor of the Colony in order that His Excellency may caution the Principal Medical Officer against making an usually large Requisition without explaining his reasons for it; as it will be seen that the quantities now required, added to the two last supplies and to the quantities which remained in store on the 31st March, 1841, are equal tofive time s the Expenditure of the year ended 31st March, 1841, viz.: [Here followed a comparative list of quantities of certain medi­ cines, ichich has heen omitted.] I would however observe that, in recommending a reduced supply according to the best of my judgment on the information I possess, this Requisition may have been calculated for an increase either in sickness or in the number of Convicts; and such increase, if it existed, might have warranted the Principal Medical Officer in making an additional demand, but it should have induced him to report the same. Upon his explanation or upon receiving information from you on these points, it may be proper to modify the deductions now sug­ gested or to authorize a supplementary supply before the period of the next annual Requisition. I have, &e, J. MCGRIGOR, Director General. [Sub-enclosure.] [This list of drugs has been omitted.] 714 HISTORICAL RECORDS OF AUSTRALIA.

1843. [Enclosure No. 2.] 8 May. SIR JAMES MCGRIGOR TO UNDER SECRETARY STEPHEN. Sir, Army Medical Department, llth April, 1843. Referring to my Letter of the 30th Ultimo, acknowledging the receipt of your communication of the 24th of that month, which was accompanied by the Returns of medicines and Stationery of the Convict Medical department in New South Wales for the Year Modification of reductions. ended the 31st March, 1842, I have the honor to submit for the consideration of Lord Stanley that, in consequence of an increased expenditure of Medicines with which I was unacquainted till these Returns reached me on the 25th Ulto., I am of opinion that it would be proper to withdraw wholly or in part four of the deductions in the Requisition for Medicines, which I recommended in my Letter Recommended on of the 24tArticlesh Ulto.. , vizt. :Required . 24 Ulto. but now Now recommended withdrawn. Cerat Cetaeei lb. 200 lb. 100 lb. 150 „ Resin , 100 60 90 Mag. Sulph „ 2,500 „ 1,500 „ 2,500 40 60 Rhei Contrit 60 No. 50 No. 80 Old Linen Sheets No. 200 The Return of Medicines above alluded to has been carefully examined, and, with the exceptions noticed in the enclosed extract thereof, and subject to the same remarks which I made on the previ­ ous Return of the 24th May last, it appears to be correct. I have, &c, J. MCGRIGOR, Director General.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 65, per ship Harlequin; acknowledged by lord Stanley, 21st December, 1843.) My Lord, Government House, 8th May, 1843. Agreement for The object of this despatch is to bring under your Lord­ rebuilding mili­ tary barracks ship's consideration, the nature of the agreement which subsists at Sydney. between the Board of Ordnance and this Government for re­ building the Military Barracks* in or near the Town of Sydney. On this subject, it is necessary for me to refer to my Despatch of the 17th August, 1840, No. 112, wherewith I transmitted to Lord John Russella copy of the Report of a Committee of the Legislative Council of New South Wales, dated the 16th June in the same year; and I beg to report that on the 3rd August, Limitation of 1840, I officially notified to the then Commanding Engineer (by expenditure. a letter from the Colonial Secretary) that I was prepared to act on the report of the Committee, the conditions of the Report being that the total expense to the Colony should not exceed £60,000. Erection of I have also to report to your Lordship that the Barracks were barracks accordingly commenced in the early part of 1841; and that, up commenced. * Note 61. GIPPS TO STANLEY. 715 to the present time, sums amounting in the whole to £9,500 have 1843. been advanced on account of the work from the funds of the ——' Colony; and further demands are likely to be made by the Ord- fx?erflture nance Officers on the Local Treasury, at the rate of from £3,000 to £5,000 per quarter, during the next three or four years. I need scarcely remind your Lordship of the great change which Altered has taken place in the financial condition of this Colony, or of conditions. the great fall in the value of property in it, which has occurred since the arrangement respecting the rebuilding of these Bar­ racks was entered into in 1840. The advance of so large a sum as £60,000 may be attended with inconvenience to the Local Government; and the Land, on which the present Barracks stand when ultimately handed over to the Colony and sold, may pro­ duce far less than it was estimated at in 1840. As, however the value of property is less depreciated in Sydney than in any other part of the Colony, and our Revenue is still equal to all demands upon it, I should scarcely be under the necessity of asking for your Lordship's interference in this matter, were it not that claims have recently been put forth by claims by the Ordnance Officers in the Colony, inconsistent with the report officers.06 of the Committee of 1840, or with the conditions on which I authorized the commencement of the work. The Ordnance Officers, founding their claim on a passage in a letter from Mr. Byham to Mr. Stephen of the 31st May, 1839, assert that the Colony is bound to defray the whole expence of Qiaim for total the erection of the Barracks, whatever that expence may be, barracks"16 °n whilst simultaneously with this claim (or antecedently to it) they have proposed alterations in the style of building to be adopted (such as the substitution of slates for shingles, etc.), calculated to increase the expense of the work. The demand also was made, Military though it was subsequently withdrawn, of having a Hospital in- p^^j. eluded in the New Buildings, though there is no Hospital, and never was one, on the Land which is to be given up to the Colony. The object of this Despatch is therefore to solicit your Lord- Request for ship's interference to protect the Colony against any larger charge ifmiStion of than that specified in the conditions on which alone I authorized expenditure. the commencement of the work; and the reasonableness of my request will, I trust, be apparent, when it is considered that the Ordnance Officers in the Colony have the execution of the work entirely in their own hands, and that, consequently, it will otherwise be in their power to run the Colony up to an indefinite expense. I have intimated to the Ordnance Officers the nature of this Despatch, in order that they may make such report on the sub­ ject to their Board, as may appear to them necessary. I beg, 716 HISTORICAL RECORDS OP AUSTRALIA.

1843. however, to add that nothing of an unpleasant nature has occurred 8 May. between myself and them on the occasion; and that I do not Relations with mean in any manner to accuse them of overstepping what they ordnance officers. consider the proper line of their duty. I have, &c, GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 66, per ship Harlequin; acknowledged by lord Stanley; 20th October, 1843.) 9 May. My Lord, Government House, 9th May, 1843. Transmission At the request of Captn. Maconochie, I transmit to your °f letter frc™ Lordship a copy of a letter, which I received yesterday from that officer, and which, though it is without date, appears to have been written shortly after my visit to Norfolk Island in March last. The document does not seem to require any comment from me, nor does it contain anything which would induce me to alter the opinion expressed in my Report to your Lordship of the lst April last, No. 43. I have, &c, [Enclosure.] GEO. GIPPS. [A copy of this letter will be found in a volume in series III.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 69, per ship Clara.) 10 May. Sir, Downing Street, 10th May, 1843. Correspondence I transmit to you herewith the Copy of a letter from the re request for Clerk Assistant of the Parliament to my Under Secretary enclos­ papers of house of lords. ing an application, which had been received from the Clerk of the Councils in New South Wales to be furnished with a regular supply of all papers printed by order of the House of Lords, which may have reference to the affairs of the Colony. I also transmit a copy of the answer, which I directed to be returned to that letter. Irregularity In pointing out the unusual course adopted by the Colonial of request. Government in this Instance of communicating directly with a branch of the Government in this Country instead of with tha Head of this office, I have to desire that you will address to me any report or requisition which you may think it desirable to make regarding the Documents applied for by the Clerk of the Council. Records to be It would be convenient for the sake of reference that a com­ transmitted. plete set of the records, which appear to have been sent to the House of Lords, should be furnished for the use of this office. I have, &c., STANLEY. GIPPS TO STANLEY. 717 [Enclosure No. 1.] 1843. MR. J. W. BIRCH TO UNDER SECRETARY HOPE. Sir, House of Lords, 1st May, 1843. The inclosed letter has been received by Sir Geo. H. Rose as Submission of Clerk of the Parliaments, who has placed it in my hands; and,re qy-.est for before an answer is returned to the application for Parliamentary papers"16" ry papers printed by the Ho. of Lords relating to the affairs of the Colony, I wish to know whether the Colonial Office sees any abjec­ tion to acceding to the request contained in the letter of Mr. Mere­ wether. May I beg the favor of you to return the letter inclosed with your answer. I remain, &e, J. W. BIRCH. [Sub-enclosure.] MR. P. L. S. MEREWETHER TO SIR GEORGE ROSE. Sir, Colonial Office, Sydney, N. S. Wales, 8th October, 1842. I have the honor by direction of His Excellency the Governor to transmit to Transmission of you herewith complete Copies of the several documents laid before the Legislative printed papers Council of this Colony, and by them ordered to be printed, in the Sessions of the of legislative years 1835, 6, 7, 8, 9 and 1840, 1, as well as a copy of such of the Documents of council. the Sessions of the present year (1842) as have as yet been printed; and I am fur­ ther instructed by His Excellency to inform you that copies of all Documents, which may be printed for the Couneil in future sessions, will be regularly transmitted to you, as opportunities offer; and to request that you will oblige His Excellency in Request for return by supplying me regularly with one or two sets of all Papers printed by printed papers order of the House of Lords, which bear any reference to the Colony of Xew South of house of Wales, commencing from the earliest practicable and convenient date, for the use of lords. the Executive and Legislative Councils. j j^yg &<,; F. L. S. MEREWETHER, Clerk of the Councils. [Enclosure No. 2.] UNDER SECRETARY HOPE TO MR. J. W. BIRCH. Sir, Downing Street, 9th May, 1843. I have laid before Lord Stanley your Letter of the 1st In- Letter stant, enclosing an application (herewith returned) which has been acknowledged. received by the Olerk of the Parliaments from the Clerk of the Councils at New South Wales to be furnished with a regular supply of all Papers, printed by order of the House of Lords which have reference to the affairs of the Colony. Lord Stanley directs me to request that you will acquaint Sir Reference to George Rose that he will take an early opportunity of communi-b? made to eating with the Governor of New • South Wales on the subject of Slr pps- that application, and his Lordship would suggest that Mr. Mere­ wether's Letter should, in the meantime, remain unanswered. I have, &e, SIR GEORGE GIPPS TO LORD STANLEY. G. W. HOPE. (Despatch No. 67, per ship Harlequin.) My Lord, Government House, 10th May, 1843. The accounts of Revenue and expenditure for the year Transmission 1842 having been made up in the usual manner by the Auditor statements. General, and printed, I do myself the honor to forward to your Lordship herewith a copy of the same. 718 HISTORICAL RECORDS OP AUSTRALIA.

1843. Appended to this Despatch is a copy of the Remarks on the 10 May. Revenue and Expenditure of the year, which I have prepared for my usual Financial Minute, whieh Minute, however, will probably not be published before the month of August next, as the meeting of the (New) Legislative Council cannot take place before the middle or end of July. The statement, respecting our Ordinary Revenue exhibited in my remarks, will, I trust, be satisfactory to your Lordship; and will confirm what I stated in my Despatch of the 20th Septr., 1842, No. 173, namely, that, so long as Immigration remain sus­ pended, our Revenue will enable us to meet all our engagements, notwithstanding that we sell no Land. In my Despatch of the 10th Feby., 1842, No. 30, I submitted to your Lordship a Synopsis of the Revenue and Expenditure of the Colony during the four years that I had then held the Gov­ ernment of New South Wales, exclusive on the one hand of the Land Fund, and on the other of the Expenditure chargeable on it. Another year having now elapsed, I beg leave to transmit the same statement, with a continuation to the end of 1842. Revenue. Expenditure. Excess in expendi- " tare over Revenue. £ s. d. £ s. d. £ s. d. 1838 . . 211,988 19 5 . . 323,736 12 0 . . 111,747 12 7 1839 .. "259,740 5 5 .. 346,241 17 9 .. 86,501 12 4 Excess in Revenue over expenditure. £ s. d. £ s. d. £ s. d. 1840 . . 335,084 9 0 .. 331,775 18 10 . . 3,308 10 2 1841 .. . 403,592 8 2 . . 3-5'0,507 8 6 . . 53,084 19 S 1842 . . 414,156 8 2 . . 339,022 12 5 . . 75,133 15 9 I have, &c, GEO. GIPPS. P.S.—In a separate Despatch of this day's date, No. 68,1 trans­ mit a comparative statement of the Revenue received, during thefirst Quarter of the year 1842 and thefirst Quarter of the present year. [Enclosure No. 1.] [These papers will be found in the " Votes and Proceedings " of the legislative council,] [Enclosure No. 2.] NOTES for my Financial Minute of 1843. THE Revenue of 1842 was: £ s. d. £ s. d. Ordinary 367,213 16 9 Crown (exclusive of Land Fund) 46,942 11 5 and a reference to my Minute of the 414,156 8 2 6th July, 1841, will shew that it was estimated at— Ordinary 311,748 16 11 Crown (exclusive of Land Fund) 23,299 12 1 335,048 9 0 GIPPS TO STANLEY. 719 [Enclosure No. 2]—continued. 1843. 10 May. NOTES for my Financial Minute of 1843—continued, It follows, therefore, that (ex- revenue and elusive of the Land Fund) expenditure. the Revenue of 1842 exceded the expectations, which in 1841 were formed of it, by the sum of £79.107 19 2 The Revenue of 1842 was (as above stated) . . 414,156 8 2 And that of 1841 was according to my Minute of Consequentl26th Julyv ,th 184e Revenu2 e of 1842 exceeded that 403.592 8 2 of 1841 by £10.564 0 0 Again— The probable expenditure of 1842 was estimated at 438.836 19 S Or deducting sums chargeable on the Land Fund 39.287 18 S £399,549 1 0 And the expenditure (exclusive of sums charge­ able on the Land Fund) having been 339,022 12 5 It follows that there has been a saving on the estimates of £60.526 8 7 And again— The revenue of 1842 (exclusive of the Land Fund) having been 414.156 8 2 And the Expenditure (exclusive of sums charge­ able on the Land Fund) 339.022 12 5 The revenue (exclusive of the Land Fund) has exceeded the charges on it by £75.133 15 9 On the other hand, the Land Fund has so fallen off as to be insufficient to meet even the expense of the Survey Department, leaving nothing for the other expenses which are chargeable on it. The charges on the Land Fund for 1842 were (exclusive of Immigration) : £ s. d. Survey and Sale of Land 31.123 18 10 Aborigines 15,118 19 9 £46,242 18 7 And the produce of Land sold, only 14,574 10 4 Leaving (exclusive of Immigration) a deficiency of £31,668 8 3 Exclusive therefore of Immigration, which is now suspended, there was in 1842 a surplus in the Ordinary Revenue of 75,133 15 9 And a deficiency in the Land Fund of 31,668 8 3 and therefore, a real Surplus of Revenue (ex­ clusive of Immigration) of £43,465 7 6 720 HISTORICAL RECORDS OP AUSTRALIA.

1843. [Enclosure No. 2]—continued. 10 May. NOTES for my Financial Minute of 1843—continued. Comparative statement oi The Revenue and Expenditure of the year are given in the usual revenue and way by the Auditor General; but the same may be exhibited in the expenditure. form in which I have usually shewn it in my Financial Minutes, and contrasted with the Revenue and Expenditure of 1841, thus: Revenue. 1841.. 1842. £ 6 d. £ s. d. 1. Direct Taxation 28,343 3 39,576 8 0 2. Indirect Taxation 249,321 12 238,204 1 10 Total raised by Taxation £277,664 15 9 £277,780 9 10 Rents and Dues 20,418 17 3 21,130 10 4 Sale of Govert. property .. 1,400 2 2 1,420 12 11 Fees of Office 33,215 17 8 34,982 11 1 Fines and Seizures 11,708 18 9 7,724 7 6 Surcharges recovered 829 8 8 197 4 6 Interest on Public Monies . 9,318 10 3 3,949 0 9 Post Office 19,098 11 0 20,028 19 10 £373,655 1 6 £367,213 16 9 10. Crown Revenue (exclusive of Land Fund) 29,937 6 8 46,942 11 5 £403,592 8 2 £414,156 8 2 11. Land Fund, or produce of the sale of Land 90,212 5 7 14,574 10 4 Total £493,804 13 £428,730 IS 6 Ordinary Revenue for 1841 and 1842 817,748 16 4 Ordinary Expenditure do do 683,226 5 9 £134,522 10 7 Produce of the Land Fund in 1841 and 1842 104,786 15 11 543,527 1 9 Surplus Expenditure £438,740 5 10 Expenditure. 1841. 1842. £ s. £ s. d. Government 58,692 6 56,911 13 11 Administration of Justice 34,670 12 35,564 8 10 Police 85,088 7 79,085 17 4 Gaols 12,332 11 9,898 19 Works and Buildings 76,621 10 81,709 8 Town Surveyor of Sydney . • . 4,570 10 821 18 Clery 33,600 14 31,092 11 Schools 16,374 3 12,671 9 10. Post office 20,208 12 21,382 14 Public and Charitable In­ 2,882 16 11 6,340 0 0 11. stitutions 1,946 18 5 2,079 3 5 12. Drawbacks 3,518 3 5 1,464 7 5 Specially Voted £350,507 8 6 £339,022 12 5 Chargeable on the Land Fund. £ s. d. £ s. d. Survey and sale of Land .... 31,656 17 9 31,123 18 10 Aborigines 18,650 11 7 15,118 19 9 Immigration 331,971 9 0 115,005 4 10 £382,278 18 4 161,248 3 5 Ordinary Expenditure (as above) 350,507 8' 6 339,022 12 5 Total Expenditure.. £73>2,786 6 10 £500,270 15 10 GIPPS TO STANLEY. 721

SIR GEORGE GIPPS TO LORD STANLEY. 1843. 10 May. (Despatch No. 68, per ship Harlequin.) My Lord, Government House, 10th May, 1843. I have the honor to. transmit herewith Abstracts of the Transmission Revenue of the Colony for thefirst Quarte r of the current year revenue. 1843, the same being divided into two parts, one for the old'Dis­ tricts of the Colony, the other for Port Phillip, and compared in each case with the Revenue of the first Quarter of 1842. There is a decrease in the Revenue of each Division of the Decrease in Colony, as compared with 1842, but not to an amount that should revenue- create alarm; and the falling off is not greater than I anticipated. The decrease is: In the old parts of the Colony ...... £2,551 8 8 In the Port Phillip District ...... 1,191 0 10

£3,742 9 6 In consequence of my having paid off Debentures to the Resources of amount of £27,900, our Treasury is at present very low; but I treasur^ nevertheless hope to be able to carry on the Government without any serious inconvenience, though the Demands for the building of the New Barracks are heavy upon us, as reported in my Des­ patch of the 8th instant, No. 65. I have, &c, GEO. GIPPS. [Enclosure.] [Copies of these abstracts will be found in the " Votes and Proceedings" of the legislative council.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 69, per ship Harlequin.) My Lord, Government House, llth May, 1843. n May- In my Despatch, No. 64 of the 6th instant, I informed Transmission your Lordship that, in consequence of a Run having taken place inquiry re on the. Savings Bank of the Colony, I had appointed a Board Savings bank. composed of— The Deputy Commissary General, Mr. Elwin, and Mr. Icely, to enquire into, and report on the present condition of that in­ stitution. I have now the honor to enclose herewith a Copy of the Report made to me by these Gentlemen; and, having caused the same to be published for general information in the Govern­ ment Gazette,* I am happy to be able to say that no demands have subsequently been made on the Bank, which it will not be easily enabled to meet. SEE.. I. VOL. XXII—2 Z * Note 62. 722 HISTORICAL RECORDS OF AUSTRALIA.

1843. The occurrence of this Run has however satisfied me that very 11 May. essential alterations are required in the constitution of the Reforms Bank; and I consequently propose to bring the whole subject required in Savings bank. under the consideration of the New Council, at the earliest pos­ sible period after its first meeting in July next. I shall of course lay before the Council all the correspondence which has taken place in respect to the Bank in the Despatches noted in the margin.* I have, &c, [Enclosure.] GEO. GIPPS. [This report has been omitted.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 70, per ship Clara.) 12 May. Sir, Downing Street, 12th May, 1843. Memorial I referred for the consideration of the Lords Commis­ received from sioners of the Treasury your Dispatch No. 152 of the 30th of H. H. Browne. August, 1842, forwarding a Memorial addressed to that Board by Mr. H. H. Browne, Water Police Magistrate of Port Jackson, in which he protests against a seizure made over his Head by the Collector of Customs at Sydney. I transmit to you herewith, for your information and guidance, the copy of a letter from the Secretarj^ to the Board of Treasury enclosing an Extract of a report from the Commissioners of Recognition Customs on the subject, from which you will perceive that the of claims of title of Mr. Browne to the benefit arising from the seizure in H. H. Browne. question has been recognized by Her Majesty's Government. I have, &c, [Enclosure.] _ STANLEY. MR. G. CLEP.K TO UNDER SECRETARY STEPHEN. Sir, Treasury, 2d May, 1843. Inreference to your Letter of the 17th January last, enclos­ ing Copy of a Despatch from the Governor of New South Wales, forwarding a Memorial of Mr. Hutchison Hothersall Browne, Water Police Magistrate of Port Jackson, in which he protests against a seizure made over his head by the Collector of the Cus­ Transmission of toms, I am directed by the Lords Commissioners of Her Majesty's report from Treasury to transmit to you. for the information of Lord Stanley, board of the enclosed Extract of a Report from the Board of Customs on customs. the subject: and I am to request that you will state to His Lord­ Approval of ship that My Lords have signified their concurrence in the opinion claims of H. H. Browne. of the Commissioners in regard to the claim of the Superintendent of the Sydney Water Police to the benefit of the seizure to which the Despatch related, and their approval of the steps taken by the Commissioners in regard both to the claim of the Collector at Syd­ ney to the seizure, and fo the renewal in the most ample terms of *'Marginal note.—From Sir Geo. Gipps: 1840, 10th Feby., No. 16; 1841, 12th October, No. 206. FTom the Secy, of State: 1840, 12th Oct., No. 163; 1842, 14th July, No. 150. STANLEY TO GIPPS. 723

8 3 the Deputation to the Superintendent of the Water Police, and My io M ' Lords have further authorized the Commissioners to forward to xay ' New South Wales the necessary orders for the distribution of the proceeds of the seizure, and for rewarding the Informer and As­ sistant. I am) &e> G. CLERK. [Sub-enclosure.] EXTRACT of a Report from the Commissioners of Customs, Report by •^ ' commissioners Dated 21st March, 1843. of customs re „T claims of Y\ e report, H. H. Browne. That, by the Colonial Act. 3d Victoria, No. 3. dated the 24th July, 1839. Section 35, it is enacted that all Ships, Yessels and Boats, and all Goods whatsoever liable to forfeiture under that or any other Act relating to Customs, shall and may be seized in any place either upon Land or Water by any Officer or Officers of Her Majesty's Navy on full pay, or by any Officer or Officers of Cus­ toms, or by any Officer having authority to seize from the Com­ missioners of Her Majesty's Customs or the (iorcrnor of the said Colony; and all Ships, Yessels, Boats and Goods, so seized, shall, as soon as conveniently may be. be delivered into the care of the proper Officers appointed to receive the same, That, under the authority of the provisions of the above recited Act, the Collector of Customs at Sydney, upon the llth January, 1S41, granted under his hand with the sanction of His Excellency the Governor, a Deputation to Air. Brown (Copy of which is an­ nexed to his Memorial to your Lordships marked A), empowering him in his capacity of Superintendent of Water Police, and also the Inspectors and Conductors of Water Police, acting under his (Mr. Brown's) orders, to make seizures of all Goods landed con­ trary to Law; also of all Spirits and Tobacco run from any Ship or Vessel, as well as of Boats not licensed under the provisions of the aforesaid Act. That, from a Report which has been recently received from the Collector of this Revenue at Sydney, detailing the circumstances which led to the seizure of the Spirits, the subject of Mr. Brown's present application to your Lordships, it appears that certain parties had been in the habit of Shipping Spirits and Tobacco from the Bonding Warehouses of the Port of Sydney, ostensibly for the South Sea Islands, Turnback, and other places, hut with the ulti­ mate intention of relanding them on unfrequented parts of the Coast of New South Wales, and in which fraudulent landings there is reason to believe that the Parties have been but too suc­ cessful to the serious injury of the Revenue of the Colony, altho' every exertion have been made by the Revenue Cutter and the Colo­ nial Authorities to prevent such illegal practices. That some Weeks previous to the period at which the present seizure was made, information had been given to the Officers of Customs at Sydney that a quantity of Brandy and Rum, which had been shipped from the Bonding Warehouses at Sydney for the Dutch Island of Lumback by a Vessel called the " Fair Barbarian " had been returned at a place called Broken Bay. about IS Miles to the Northward of the Port of Sydney; and that, altho' the Land­ ing Surveyor had been dispatched with the Revenue Cutter for the purpose of searching the Cottages and adjoining Neighbourhood, The search proved ineffectual. 724 HISTORICAL RECORDS OF AUSTRALIA.

1843. That, some Weeks subsequently to this search, Daniel Farrell, a 12 May. Settler residing at Pitt Water situated upon the Hawkesbury River, Report by about 45 Miles to the Northward of Sydney, but distant 27 Miles commissioners from the place where the search had been previously made by the of customs re claims of Revenue Cutter, while employed in cutting Wood upon the 13th H. H. Browne. June last, accompanied hy his Servant James Tooney, a Prisoner of the Crown holding a Ticket of Leave, accidentally discovered close to the Water and concealed under a Reck, upwards of 100 Hogsheads and Quarter Casks of Spirits. That, immediately after the discovery of the Spirits, Farrell, who had no doubt but that they had been illegally landed, dis­ patched his Servant Tooney on his (Farrell's) Horse to Sydney, to inform the Customs Authorities of the discovery, while he (Far­ rell) kept watch in order that the Spirits might not be removed during Tooney's absence. It would however appear that upon Tooney's arrival at Sydney, he was met by the Water Police Constables, who, knowing him to be a Crown Prisoner holding a Ticket of Leave, brought him to their superior Officer, the Superintendent of Water Police, Mr. Brown, and to whom he gave the information which he had been directed by Farrell to Communicate to the Custom House Authori­ ties at Sydney. That, upon the receipt of this information. Mr. Brown immedi­ ately proceeded in the Police Schooner " Ariel" with a Whale Boat and Armed Crew to the Hawkesbury River, on the night of the day on which he received the information, and, by virtue of the Deputa­ tion which had been granted to him by the Collector of this Revenue, dated the llth January. 1841. he succeeded in making seizure of the Spirits which had been discovered by Farrell, and which consisted of 98 Casks, containing about 2,450 Gallons of Brandy, also 29 Casks containing 1,480 Gallons of Rum; and, upon the 28th June following, he made a further discovery of 9 Casks of Brandy in the same Neighbourhood; both which Seizures are valued at about £2,000 Sterling and which Mr. Brown conveyed to Sydney and lodged in the Queen's Warehouse at that Port. We beg leave further to state that, after the seizure had been made by the Superintendent of Water Police and brought to Sydney, the Collector of Customs at that Port disputed the legal right and powers of Mr. Brown to make the said seizure, upon the ground that, in granting the Deputation, it had been his (the Collector's) intention to limit its powers to seize to the Harbour of Port Jack­ son ; and that it was only through haste -and the hurry of Business that he had omitted to define the extent of the authority, which he had Intended to depute to him; and thus, as the Collector states, he inadvertently and unintentionally conferred upon Mr. Brown more extensive powers to seize than he had originally intended. The Collector under these circumstances proposed to Mr. Brown that he should either make him (the Collector) or Mr. Jeffrey, the Landing Surveyor, joint seizing Officers with himself; but to which proposal Mr. Brown did not seefit to accede; and. His Excellency the Governor having declined to become Arbitrator between the parties, the Collector made seizure of the Goods over the head of the •Superintendent of Water Police, upon the ground, as before stated, that he (Mr. Brown) was not legally authorized to seize upon the occasion in question. STANLEY TO GIPPS. 725 With respect to the annexed Copy of a Despatch from the Gover- 1843. nor of New South Wales to Her Majesty's principal Secretary 12 -Ma.y- of State for the Colonies, we have to express our concurrence in Reportby the opinion of the Governor that the question for consideration is commissioners whether Mr. Brown had, or had not, under the Deputation which °f customs re had been granted to him by the Collector with the Governor's con- K^TT^L,,,™ •i i . , .. .. , .- • -i ,,. ..^-H- xiiowne. currence, a legal right to make tne seizure; and upon this point we have to submit that Mr. Brown had legal Authority under the Deputation, which he held, to seize the Spirits on the occasion in question; and under the circumstances, whatever the original inten­ tion-might have been on the part of the Collector to limit the powers of the Superintendent of Water Police to seize within the Harbour of Port Jackson, the Deputation was general and unrestricted in its operation.; we consider Mr. Brown to be the Seizing Officer, and as such entitled to the benefit resulting from the said seizure; and that neither the Collector nor the Landing Surveyor are entitled to participate therein. We beg leave further to state that, as it appeared from the Col­ lector's representation that he had cancelled Mr. Brown's Deputa­ tion, we have apprised him that he should have consulted the Gov­ ernor, and obtained His Excellency's directions previously to his having adopted that course; and we have caused a communication of a similar nature to be addressed to the Governor, informing His Excellency at the same time that, as it appeared from the annexed Copy of his Despatch to Her Majesty's Secretary of State for the Colonies, dated the 30th August last, to be His Excellency's opinion that, in granting to the Superintendent of Water Police a Deputa­ tion of the nature in question, the amplest powers should be granted to that Officer (whose jurisdiction as a Magistrate extends through­ out the Territory of New South Wales) for the prevention of smuggling which the Laws of Customs would admit of, we had re­ quested him in the exercise of the power vested in him by the Colo­ nial Act, 3d Victoria, No. 3, dated 24th July, 1889, Section 35, to issue his authority to the Party entrusted with the duties of Superintendent of Water Police, conferring upon that Officer the fullest powers to make seizures within such pants of the Govern­ ment of New South Wales as might appear advisable and expedient. It may be proper to add that We have signified to Our Collector at Sydney our disapproval of the practice, which has prevailed in that Colony of sending the Landing Surveyor to distance from the Port for the purpose of making seizures, and we have directed the latter Officer to, confine himself to his own more immediate and legitimate Duties, Vizt., that of superintending and checking the Water side Officers in the examination of and delivery from Ware­ house of Goods subject to duties of Customs, being of opinion that the duty of searching for smuggled Goods on the Coast, or in the interior of the Country, or at a distance from the Port, should devolve upon the Tide Surveyor, the Revenue Cutter, and such Officers as the Governor may seefit to depute for the prevention portatio£10,000onoupohfe t WitSmuggling statenb ethemh ,relanderespec nshav tha,o feth .t tht beee dtth eovalu inethSpiritn Bond puethe latte toe sf is Colonynth ir enteren Suitpare question seizurt, odanthf intthed ,epenaltiewilthat o conditionaGovernor' bly ,b ethif greatls ejudgmen ipartiesnl Despatchwhicthay enhancedstt hupothe bamounen, y obtainewherei thshoul. et Wtexoden ­ 726 HISTORICAL RECORDS OF AUSTRALIA.

1843. have to state that, in the event of the Penalties on the Bonds being 12 May. recovered, the same would accrue to, and become the property of Report by the Crown, and that neither the Collector (who could only be con­ commissioners sidered in the light of an Ex Officio Prosecutor) nor the Super­ of customs re intendent of Water Police would be entitled to any portion thereof, claims of H. H. Browne. without Your Lordships' specific authority, upon a consideration of any special circumstances which might be brought under your Lord­ ships' notice, and which might induce your Lordships to grant some further reward to the Parties concerned beyond their legal share of the proceeds of the seizure; and we will cause a communication to that effect to be made to our Officers in New South Wales accordingly.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 70, per ship Harlequin; acknowledged by lord Stanley. 31st October, 1S43.) My Lord, Government House, 12th May, 1843. Transmission I have the honor to forward herewith Copies of two letters, of letters. which reached me yesterday by the Schooner " Sanspareille" from Tahiti. The first is a letter in the Tahitian and English languages from the Queen, protesting against the late proceed­ ings of the Prench, and asking protection from the English Government; the second is from the British Consul, enclosing the Queen's letter. J. T. Nicholas I have also to inform your Lordship that, by a private letter to remain at from Captn. Nicholas, I learn that he proposes to remain at Tahiti. Tahiti in Her Majesty's Ship " Vindictive," until the French Rear Admiral Du Petit Thouars shall arrive there. Anxiety re I cannot look without some degree of apprehension to the presence of consequences which may result from the meeting of these two English and French ships. Officers at Tahiti, in their respective ships, which are nearly of equal force; but my Despatches of the 5th November, 1842, No. 208, and 28th Jany., 1843, No. 21, will shew that I have done all in my power to guard against an event, which might embarrass Her Majesty's Government. I have, &c, GEO. GIPPS. [Enclosure No. 1.] QUEEN POMARE TO SIR GEORGE GIPPS. [A copy of the letter in the Tahitian language preceded the fol­ lowing] :— Request by True Translation of Original:—CHAS. B. WILSON, H.B.M. Actg- Queen Pomare Consul for British - Papeete, Tahiti, Feby., 1843. protection. O GOVERNOR, and The Commander in Chief of New South Wales, and its Dependencies. Health and peace to you in God. This is what I have to say to you. I am overtaken with great trouble. I am now situated in the Cannon's Mouth of the French. GIPPS TO STANLEY. 727 I never wished the protection of the French; they forced it upon 1843. me by frightening me with their Guns at the time of my being l2jUay. heavy in the family way. Request by The French have Established the New Government, and the New ^^itis™6 Flag, which never was with my free will or wish. They have put protection. aside my Old Government, and the Flag which Britain gave me. And now this is what I have to say to you, the Commander in Chief of New South Wales; do not by any means cast me off or for­ sake me. Assist me in my great trouble. Deliver me from the fear of the French; be quick to my assistance, and to the assistance of the British Subjects who reside in my land; be quick and do not delay in assisting me; send a Ship of War and rescue me from Captivity; If I am not quickly assisted in my present great difficul­ ties, I shall be cut in the root of my Government. I have written letters to the English Admiral (Admiral Thomas) and the Queen of England, appealing for speedy assistance, in sending Ships of War to watch over me that I may not be taken by France. That the Admiral himself may quickly come, is my wish. Health and Peace to you. POMARE, Queen of Tahiti, etc., etc., etc. [Enclosure No. 2.] MR. C. B. WILSON TO SIR GEORGE GIPPS. Sir, British •Consulate, Tahiti, 12th Feby., 1843. I have the honor to inform your Excellency that, at a meeting protest by of all the Chiefs and people of Tahiti, held on the Sth Inst., Her Tahitians Majesty Queen Pomare protested against the proceedings of the protectorate01' French in Establishing the present " Provisional Government" and changing the Flag of her Country; and, in the presence of Sir Thomas Thompson, Captn. of H.M.S. "Talbot," the Foreign Con- Request for suis, and Myself, Her Majesty, Chiefs and people appealed to the British _ British Government for protection. protection. From the statements of Queen Pomare, Her Chiefs, and people at the above meeting, it is evident that the " Provisional Government " of Tahiti has been established through the intrigues of the French Consul and the threats of the Rear Admiral A. Du Petit Thouars. Her Majesty's Ship " Talbot" arrived here on the 13th Ult. from Arrival of the South American Station, sent here by the Rear Admiral Thomas, H.M.S. Talbot. to enquire into the state of affairs. •Sir Thomas Thompson has fully investigated the affair and re- inquiry by Sir turns immediately to his Commander in Chief with full particulars T. Thompson. of the transactions of the French at these Islands. The present state of affairs at these Islands demand, for British Interest, the presence of a British Ship of War continually. I have also the honor to enclose to your Excellency a letter with an attested translation attached, addressed to your Excellency by Her Majesty, Queen Pomare, appealing to your Excellency for aid during the unsettled state of Her Majesty's Government. I have, &c, CHAS. B. WILSON, H.B.M. Actg. Consul. 728 HISTORICAL RECORDS OF AUSTRALIA.

1844. SIR GEORGE GIPPS TO LORD STANLEY. 13 May. (Despatch No. 71, per ship Harlequin.) My Lord, Government House, 13th May, 1843. I have herewith the honor to forward a Copy of the Bill furnished hy the Civil Solicitor in this Colony, for Law expenses in the case of the Queen v. Nowian, which Bill ought to have been forwarded with my Despatch No. 47, of the 5th April last, but was not delivered to me in time to accompany it. I have, &c, [Enclosure.] GEO. GIPPS. [A copy of this account is not available.]

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 73, per ship Harlequin; acknowledged by lord Stanley, 18th October, 1843.) 15 May. My Lord, Government House, 15th May, 1843. With reference to my Despatch No. 60, of the 28th April last, on the subject of a Memorial from Mr. James Ralfe, lately of the Surveyor General's Department, I have the honor to trans­ mit copies of two further documents, shewing the little estimation in which Mr. Ralfe was held, before I assumed the Government of New South Wales which I did on the 24th February, 1838. I have, &c, [Enclosure No. 1.] GEO. GlPPS. DEP.-SURVEYOR-GENERAL PERRY TO COLONIAL SECRETARY. Surveyor General's Office, Sir, Sydney, 16th January, 1838. Transmission I have the honor to transmit to you, for the consideration of of letter from J. Ralfe re His Excellency the Acting Governor, the accompanying Letter from his salary. Mr. Surveyor Ralfe in reply to one which I addressed to him upon his application (enclosed herewith) for an addition to his pay, to which he considered himself entitled in consequence of the retire­ ment of Mr. Richards from the Public Service. Whether this augmentation to Salary ean 'be claimed as an estab­ lished right is not a question for me to determine; but I cannot concur in the view that Mr. Ralfe has taken of the subject, namely that, as a matter of right, an officer steps by his own appointment Neglect of into a vacancy occasioned by the retirement of one in a grade of duties by Salary above him. J. Ralfe^ Thefirst paragraph of Mr. Ralfe's letter now under notice re­ cites generally the substance of my reply to his application for the increase claimed, and in which I adduced only two instances of what appeared to me to be remissness on his part, although many other instances might have been referred to; but I considered that two were sufficient for my immediate purpose, and those I mentioned were glaring cases of neglect. In reply, however, to a Subsequent application for leave to come to Sydney upon private business, I reminded Mr. Ralfe that there were (69) Sixty nine portions of land in his district requiring to be GIPPS TO STANLEY. 729 measured for Sale, according to the instructions that had been 1843. from time to time addressed to him; and His Excellency is aware 15 May- that the non-measurement of these lands form a subject of constant Neglect of complaint and frequently of application for permission to withdraw duties by the Selection, thereby occasioning considerable inconvenience in J. Ralfe. conducting the public business. As a reason for neglecting to measure the lands applied for long ago by Mr. Bowman, Mr. Ralfe desires me to observe the disposition of the different sections, and states that, owing to the want of in­ formation upon the Map furnished from the Office, he has to find the Streams and then to trace them. It is really painful to follow the whole train of Mr. Ralfe's rea­ soning upon such points; but I would merely observe that the in­ formation upon the Maps is or ought to be derived from the Sur­ veyors employed in thefield; otherwise it would be unnecessary to attach so many assistants to the establishment of the Surveyor General. As to the garbled quotation from Sir Richard Bourke's Despatch to Mr. Biddulph, I cannot for a moment imagine that it was in­ tended to vest in the Subordinate Officers of this Department a discretion to neglect their duty; and, as Sir Richard Bourke's sentiments with respect to the tenor of Mr. Ralfe's correspondence upon a former occasion have been distinctly expressed, I am sorry to be compelled once more to bring the Subject under notice; but the tone of the present letter seems to render it necessary that I should receive His Excellency's instructions, which I have accord­ ingly the honor to request. I have, &e, S. A. PERRY, Deputy Surveyor General. P.S.—I have several other Letters from Mr. Ralfe written in a Similar Style, but I have generally thrown them aside as un­ worthy of my attention. S. A. PERKY. ON the above Letter the following minute was made by Colonel Minute by Snodgrass, then ' administering the Government of New South K- Snodgrass. Wales:— There is quite enough shown in this Letter of the Deputy Sur­ veyor General to prevent Mr. Surveyor Ralfe's claim from being entertained favorably, and I cannot consider his letter of the Sth January as written in a proper tone to the Head of the Department. 7 Feby. , K-s- [Enclosure No. 2.] DEP.-SURVEYOR-GENERAL PERRY TO COLONIAL SECRETARY. Sir, Surveyor General's Office, 7th March, 1838. ' In compliance with the importunities of Mr. Surveyor Ralfe, Claim by I have the honor to transmit to you for the information of His ^ ^rlase Excellency the Governor the accompanying letter from that gentle- o(salar y roan, urging his claim to increase of salary in consequence of the resignation of a Surveyor Senior to him. and of the advancement of an Assistant Surveyor to the rank of Surveyor. I am unwilling to trouble His Excellency with the voluminous correspondence upon which the decision has been given; but I have merely to state inability to generallv that Mr. Ralfe has unfortunately not succeeded in afford- ^°"™end ing that satisfaction in conducting the duties of his District, which would insure to him the recommendation of the Head of His Depart­ ment for the customary advantage attendant upon length of service. 730 HISTORICAL RECORDS OF AUSTRALIA.

1843. With respect to the concluding paragraph of his letter, I can 15 May. only attribute his failure in bringing up the arrears, of which I Reasons for felt I had reason to complain, to one cause, viz., that he has chosen delays in to fix his head quarters at one extremity of his District; and I survey by have to observe that, although he states that he hasfive populou s J. Ralfe. Counties to survey, the whole of his correspondence is dated St. Heliers, while a considerable mass of his work lies at the opposite end of the County beyond. I have, &e, Minute by S. A. PEBEY, Dy. S. Gl. Sir G. Gipps. ON the above letter, the following Minute was made by Sir George Gipps who had then recently assumed the Government of New South Wales:— It is a general principle that no increase of pay can be granted without the recommendation of the Head of the Depart­ ment to which the applicant belongs, and there is certainly nothing in the Letter of Mr. Ralfe to justify a deviation from this salutary rule. 10th Apl. G.G. LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 72, per ship Clara.) 16 May. Sir, Downing Street, 16th May, 1843. Acts of council I have received a printed Circular, dated the 6th of Janu­ received. ary, 1843, and signed by Mr. P'rancis Merewether, the Clerk of the Councils, transmitting copies of the Acts of New South Wales passed in the Session of 1842. Irregularity of I beg to refer you to my Despatch No. 69 of the 10th Instant, transmission. in which I pointed out the irregularity of that mode of communi­ cation with Her Majesty's Government. I have, &c, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 74, per ship Harlequin; acknowledged hy lord Stanley, 19th October, 1843.) My Lord, Government House, 16th May, 1843. Transmission of With reference to my Despatch of the lst April last No. 43, copy of letter to A. Maconochie. containing my Report on Norfolk Island, I have the honor here­ with to forward to your Lordship, a copy of a letter which (by the first opportunity after my return to Sydney) I caused to be addressed to Captn. Maconochie, on the subject principally of the Agricultural Department of the Island. Your Lordship will perceive by the first paragraph of this letter that I have sent to Captn. Maconochie a copy of my Des­ patch of the 1st April, already referred to. I have, &c, GEO. GIPPS. [Enclosure.] [A copy of this letter, dated 16th May, 181+3, will be found in a volume in series III.] GIPPS TO STANLEY. 731

LORD STANLEY TO SIR GEORGE GIPPS. 1843. 18 Mav. (A circular despatch, per ship Clara.) Sir, Downing Street, 18th May, 1843. It is my wish that, in future you should discourage ap- instructions plications from the Public Functionaries serving under your absence for Government for Leave of Absence to return to England on the officials. ground of urgent private affairs, and that you should refuse to comply with any such application, unless you are satisfied that the case is really so urgent as to be all but indispensable. Even in that case, you will limit the duration of Leave of Absence within such a period as the exigencies of the occasion may appear to you to demand. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 74, per ship Clara.) Sir, Downing Street, 19th May, 1843. 19 May. I have received your Dispatch No. 220 of the 19th No- Letters of vember last, requesting permission to issue letters of Denization a„51oriSed for to Mr. Nicholas Hyeronimus, a native of the Duchy of Luxem- N- Hyeronimus. bourg. I have to convey to you Her Majesty's authority for issuing to that Gentleman Letters of Denization under the Local Act of the Colony. I have, &c, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 75, per ship Harlequin; acknowledged by lord Stanley, loth March, 1844.) My Lord, Government House, 19th May, 1843. In the years 1838 and 1839, a correspondence* took place respecting the working of Coal in the Port Phillip District, which ended by a despatch from Lord Normanby to myself dated the Decision re

3d July, 1839 (No. 84), deciding that Coal might be worked in ^Xict*O1 that District notwithstanding the monopoly of the Australian Port Phillip. Agricultural Company. A similar question has recently arisen in respect to Moreton Problem of Bay; and, as the cases are precisely the same (save only that MoretonbaSyat Moreton Bay is 300 miles nearer to the Company's Coal Mines), I- consider it must be disposed of on the same principle. Not having, however, authority to act in the matter without the orders of the Secretary of State, I am under the necessity of referring it to your Lordship.

* Marginal note.—From Sir George Gipps, No. 84, 7th June, 1838. From the Secretary of State, No. 9, 12th Jany., 1839 ; No. 84, 3rd July, 1839. 732 HISTORICAL RECORDS OF AUSTRALIA.

1843. The case is clearly, I hope, stated in the accompanying Me­ 19 May. morandum ; and as a copy of that Memorandum has been handed to Captn. King, the Company's Commissioner in New South Wales, the letter of Captn. King, whereof a copy is herewith enclosed, may be considered to embody the objections likely to be urged by the Company against the measure. I have, &e, GEO. GIPPS. [Enclosure No. 1.] Minute by MINUTE of His Excellency Sir George Gipps, dated 2nd April, Sir G. Gipps 1843, on the right of the Government to authorize the work­ re right of coal-mining at ing of Coal at Moreton Bay. Moreton bay. THE Restrictions, imposed upon the Government of New South Wales in consequence of the agreement of the Home Government with the Australian Agricultural Company, are Specified in the fol­ lowing words in Sir G. Murray's Despatch to General Darling of the 31st July, 1828, No. IS :— " His Majesty's Government deem it proper to desire that, for the next 31 years, no Government will Grant or Convey any Coal Mine or Land containing any Coal Mine without a specific exception of the Coal in such Grant or Con­ veyance, nor afford any assistance in Convict labour for the working of any Coal Mine to any other Company, or to any Individual or Individuals, without the previous sanction of the Government at home, a sanction which would probably be granted if the Company should avail themselves of their Monopoly to impose an exorbitant price upon Coal the produce of their Mines." 2dly. By Mr. Labouchere's Letter to Mr. Brownrigg of the 27th February, 1839, of whieh a Copy was inclosed to me in Lord Glenelg's Despatch No. 84 of the 3rd July. 1S39, it is shewn that the Law Officers of the Crown in England were of opinion that " the Letter, written on the 31st July, 1828, by order of Sir G. Murray to the Company, does not appear to be in any material respect different from the Despatch of the same date from Sir G. Murray to General Darling." That, although the only circumstance particularly mentioned in the Letter and Despatch of the 31st July. 1S2S. as likely to induce the Home Government to interfere with the Monopoly of the Company is the sale of Coal at an exorbitant price, yet the power reserved is quite general and might be exercised whenever any circumstances should render it necessary, and in truth, unless the Company mean to say that they will supply Coal in abundance at Port Phillip from their Mines at Newcastle, at the same price at which Coal might be raised and sold from the Mines supposed to exist in the Neighbourhood of Port Phillip, the Law Officers think the case, contemplated by the Despatch of the 31st July, 1828, will have arisen; the excess of Cost occasioned by the Carriage of the Coals 700 miles will make the price at Port Phillip an exorbitant price within the fair meaning of the Parties, when they were settling the terms of the agreement in July, 1S2S. GIPPS TO STANLEY. 733

3. Having the above Papers before him, the Secretary of State 19 XIa;. authorised me by his Despatch No. 84 of the 3rd July, 1839, to — take such measures as might appear most advisable for securing Minute by r p ps to the Settlers at Port Phillip the benefit of the Mines, situated or ^ r?'ht 0 f supposed to be situated in their District. coal-mining at 4. Substituting only Moreton Bay for Port Phillip and 400 miles Moreton bay. for 700, the above Documents may be equally applicable to one place as to the other. 5. But, though there can be no doubt of the nature of the decision which the Secretary of State will give, whenever the case is re­ ferred to him, no reference has yet been made, and consequently strictly speaking I am not yet released in respect to Moreton Bay from the restrictions imposed on the Governor by the Despatch of the 31st July, 1828. I can therefore for the present grant no Land without reserving Coal, nor can I grant Convict Labour to assist in working it. I am not, however, restricted from allowing Coal to be worked by free Labour on Lands, which are ungranted; and such permission (though not an exclusive permission) may be granted to any person making a specific application for it, and paying such a reasonable fee as may be fixed for a License. I shall forthwith apply to the Secretary of State for permission to extend to the District of Moreton Bay the advantage secured to that of Port Phillip by Lord Glenelg's Despatch of the 3rd July, 1839; and, though in the meantime Deeds of Grant cannot be issued without the reservation of Coal, such reservation may of course be ultimately given up, or annulled as I hope it will be. 2 April, 1843. G.G. [Enclosure No. 2.] CAPTAIN KING TO COLONIAL SECRETARY THOMSON. Sir, Port Stephens, 6th May, 1843. ' I have the honor to acknowledge the receipt of your letter Letter and t of the 27th April, enclosing to me the Copy of a Minute of His ™J""0 fTledffed Excellency Sir George Gipps, dated 2nd April, with reference to a ' decision of His Excellency on the subject of working the Coal at Moreton Bay. As the decision of His Excellency upon the subject has been com­ municated to me without giving me an opportunity of advancing such arguments against it, as I certainly could have done, it would be disrespectful now to urge them, nor indeed would it avail anything in as much as the measure has been promulgated, and a recommendation been forwarded by His Excellency to Her Majesty's Principal Secretary of State for the Colonies, to sanction an in­ fringement of the stipulations under which the Australian Agricul­ tural Company have been working the Coal Mines at Newcastle. But I feel it to be my duty, with due deference to His Excel- Protest against r lency's authority, to protest respectfully, but in the strongest man- ^"^° afc ner, against the granting of any License to any Company, Indi- Moreton bay. vidual, or Individuals, to work Coal on any Government ground at thMajesty'MoretoanAgriculturafulfilleed spirientireldn sotBav nHoman lyth dCompanyoppose;e elettebecauspar Government rdo feot; fth osuc an the dheCompanyt whic termfaiaan Licensr dhsan thtermo.d fe eequitabl th Directorswoul ehave agreemend e, sbireadin eno afever tthdirec betweegey aAustraliawayts evasionweln, beelHe arsn, HISTORICAL RECORDS OF ' AUSTRALIA.

It is also my duty to observe that, with reference to the opinions of the Law Officers, as quoted by His Excellency, it has not yet been proved, and I feel convinced that it is not the fact that the cost of freighting Coal to Moreton Bay will be more than the expense of working it there; nor that a case of exorbitancy has been made out to justify the interference of Her Majesty's Secretary of State. The freight to Port Phillip is more than double (I believe) that to Moreton Bay; and yet, notwithstanding the people there have permission to work their Mines, they get all the Coal they require from Newcastle. Requesting that you will submit the above to His Excellency at a fitting opportunity. j have &c. PHILIP P. KING, Commr. of the A. A. Cempy.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 75, per ship Clara; acknowledged by Sir George Gipps, 19th December, 1843.) 20 May. Sir, Downing Street, 20th May, 1843. Transmission I transmit to you herewith the Copy of a letter which I of letter from have received from Mr. H. N. McDougall, complaining of the H. N. numerous hardships to which his son is represented to have been McDougall. subjected by Mr. G. D. Smythe, a Government Land Surveyor, to whom he had engaged himself as an assistant on his arrival in New South Wales. Report I have to desire that you will institute an enquiry into, and required. report to me whether there is any foundation for the charges preferred against Mr. Smythe. j_ have &c. STANLEY. [Enclosure.] LIEUTENANT MCDOUGALL TO LORD STANLEY. My Lord, Portaskaig Islay. 7th May. 1843. Complaint In consequence of a Letter I had from my Son. Archd. against D. McDougall, from Melbourne, N. S. Wales, of 16th Sept. last. I G. D. Smythe ,.,,.,, t ke8 leave to trouble Your Lordship to mention for Your Lordship's of A. D. information what he says; he arrived there in Oct., 1841, and McDougall. immediately thereafter engaged with G. D. Smyth one of the Govt. Land Surveyors as his assistant; he now says that he had to leave his situation in consequence of the shameful manner in which he was treated by Smyth, and to give in detail the numerous hard­ ships, he endured during the six months' Campaign he had with him, would take up more space than the limited pages of a Letter would contain; suffice it to say. that he placed him on a barren desolate Island in the West Port Bay. in charge of some Tents and some other articles, and made him go there promising to be back in three days to take him off. But he never made his appear­ ance for six weeks; language cannot express, he says, " the misery I suffered, on that horrible spot," and to add to his calamity he was for 6 days without a draft of fresh water. GIPPS TO STANLEY. 735

I trust Your Lordship will excuse the liberty I have taken in 1843. addressing you with this detail, and beg to request Your Lordship 20May. would be pleased to order an Official enquiry on Smyth's inhuman Inquiry conduct; when my Son was taken off the Island, he could hardly requested. walk half a Mile, indeed it was a wonder that he was alive. My Son had very strong certificates of his character from Mr. Camp­ bell of Islay, to whom he was well known, also from Mr. Campbell of Juna, and Capt. McNeill of Collonsay: Major St. John, the head Police Magistrate, and D. C. Simson, Melbourne, can prove the facts as already stated to them by my Son. May I request the honor of hearing from your Lordship. I have. &e. H. N. MCDOUGALL. Lt.. H.P. 91 Regt. SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 76. per ship Talent; acknowledged by lord Stanley. 28th December, 1843.) My Lord, Government House, 20th May, 1843. e rt I propose in my present Despatch to bring before Your R P° f''« Lordship an account of the changes, which have taken place in the Establishment called the Female Factory at Parramatta, since the date of my Despatch to Lord John Russell, No. 142 of the lst October, 1840; and, in so doing, I shall have occasion inci­ dentally to touch on the subject of the treatment in general of Females under sentence of Transportation in this Colony. 2 In mv Despatch above mentioned of the 1st October, 1840, statements ' in previous I reported, report. lst. The erection of a range of Cells, for the purpose of afford­ ing the means of placing a portion of the Women in separate confinement. 2ndly. The means which I had resorted to for affording employ­ ment for the Women, and the profit which had been derived from it. 3rdly. The number of Women and Children who had been in the Factory on thefirst da y of each Quarter from the lst Janu­ ary, 1837, to the lst September, 1840. 4thly. My reasons for desiring the abolition of assignment (especially in Sydney). 5thly. That I had restricted the issue of what are called 1st Class Rations to 130 Women. 6thly. The reasons why I did not consider it desirable to appoint a Committee of Ladies to superintend the Institution. 3. In my present report, it will not be necessary to take up the different subjects exactly in the same order; and, as Lord John Russell in acknowledging the receipt of my Despatch, expressed an expectation, that (Transportation having ceased) the number 736 HISTORICAL RECORDS OP AUSTRALIA.

1843. of Female Convicts in the Factory would speedily be diminished, 20 May. I think it right to commence by explaining why the expectations of His Lordship have as yet been only partially fulfilled. Reasons for 4th. The chief reason is that assignment has been discontinued, maintenance of numbers as well as Transportation; and that consequently Female Pri­ in factory. soners are discharged from the Factory only on obtaining their freedom, or Tickets of Leave, instead of, as formerly, to assigned service; whilst, notwithstanding the discontinuance of Trans­ portation, there is still a constant influx of Women into the Fac­ tory, in consequence of the cancellation of Tickets of Leave, or the withdrawal of Women from Private service on account of their own misconduct, or of their illtreatment by their Assignees. I need scarcely add that, much as I may desire to reduce the num­ ber of Women in the Factory, I cannot issue Tickets of Leave to those who have not been in the Colony the terms, required by the 'Clause so often complained of in the 2d and 3d Gul. IV, Ch. 62. Return re 5. The accompanying Return (marked No. 1) is a continuation inmates. of the one which was furnished with my Despatch of the 1st Octo­ ber, 1840. It shews the number of women and Children in the Factory, on thefirst da y of each month, from the lst March, 1840, to the lst May, 1843; and, from it, your Lordship will per­ ceive that the number of Women in the Factory reached its maxi­ mum (1,203) in the month of July, 1842, since which it has been reduced to its present number 569. Effect of 6. But, although the increase of the number of women is chiefly immigration of numbers to be attributed to the abolition of assignment, there was an­ in factory. other cause acting concurrently with it, namely, the great Immi­ gration into this Colony which took place in the latter part of 1841, and the beginning of 1842, and which rendered it more difficult than it formerly had been for convict Women, holding Tickets of Leave, to obtain employment. It was not until after this rapid Immigration had ceased, and the effects of it had in part worn off (or until about the month of July, 1842) that I could venture to allow Women in any considerable numbers to leave the Factory with Tickets of Leave; and even then, the holders of such Tickets were rapidly returned by the Magis­ trates, either as Vagrants, or for punishment in consequence of misconduct. 7. The crowded state of the Factory, which had ensued, pro­ duced discontent among the Inmates of it; and I soon became Effect of aware that, by the abolition of assignment, the condition of a abolition of Female Convict had become far more irksome than it formerly assignment. was. Representations, praying for the revival of assignment, were made to me almost every time I visited the Factory; but no GIPPS TO STANLEY. 737 spirit of insubordination manifested itself, until about the month 1843. 20 Ma,v of October, 1842, when, on my visiting the establishment on my return from a journey into the interior, I found the Women in a state of great excitement. Their manner of addressing me was still respectful; but there was an air of determination in it which was altogether novel; and the peculiar hardship of their condi­ tion was, I perceived, perfectly understood by them. They repre- Representation sented that they had been sentenced to be Transported, but not by 1nmateses to be imprisoned after Transportation; and contrasted (and I of factory. must say, with great force and truth) their condition with that of Women in the Penitentiary at Milbank, in which, it seemed some of them had been for prior offences imprisoned. They re­ presented to me (and very correctly) that service in the Peni­ tentiary of 3, 4 or 5 years respectively is by Law (7th Wm. IV and lst Vict., C. 13) equal to Transportation for 7 years, for 14 years,' and for life, whilst, in New South Wales, a Woman, instead of the said period of 3, 4, and 5 years, has after having been Transported, to-serve 4, 6 or 8 years in a place (meaning the Factory) where the discipline is as severe as in the Penitentiary, and the privations and discomforts greater. Moreover that, after having served these 4, 6, or 8 years, she does not become free of her sentence (as is the case after service in the Peniten­ tiary) but only becomes eligible for a Ticket of Leave, which may be cancelled at any hour. 8. Under these circumstances, I caused, in the beginning of Board of November last, a Board to assemble for the purpose of enquiring app^intod. into the actual condition of the Factory, and the complaints of the Women, the Board being composed of the Deputy Commis­ sary General, the Principal Superintendent of Convicts, and a Medical Officer, all Servants of the Home and not of the Colo­ nial Government. A Copy of the report made to me by these Officers is enclosed (appendix No. 2) ; and your Lordship will perceive that in it they represent very strongly the increased Recommenda- hardships to which the Women had become exposed, since the tl0ns by boarcl- cessation of Assignment, and point out the necessity of amel­ iorating the condition of the Women, first by rendering the Building less crowded, secondly, by affording a better diet, and 3ome few additional indulgences to those who must remain in it. 9. I immediately adopted the recommendation of the Board in respect to the diet of the Women, and endeavoured to reduce their numbers by a still more extensive issue of Tickets of Leave; but, this proving insufficient, I was driven to have recourse in February last, to what may be called a modified sort of assign- Modified f ment,SER or. iI.n otheVOL.r XXII— words3 ,A the placing of women in private service, ^™m°e nt at such wages as I approved, instead of leaving them to seek em- adopted. ployment for themselves, which they are allowed to do, when 788 HISTORICAL RECORDS OP AUSTRALIA. 1843. holding Tickets of Leave. The plan which I adopted is detailed 20 May. in the Paper marked No. 3, in the appendix to this Despatch; and Modified it will be seen that the object of it is to place Women in a condi­ system of assignment tion which may be called midway between that of an assigned adopted. servant and the holder of a Ticket of Leave. Up to this time, 234 Women have been placed in private service on this plan, and the result seems as yet to be satisfactory. 10. In my Despatch of the lst October, 1840, I reported that "Orders re I had limited the issue of what are called first Class Rations to rations. 130 of the best behaved of the Women, and had placed all the rest on the lower Ration, called that of the 3rd Class. This order, I, in November last, on the recommendation of the Board rescinded. In 1839, when I gave the order, the Women had for thefirst tim e the opportunity afforded to them of earning money, with which to purchase extra provisions for themselves. I hoped that the money they so earned (the sixth part of the'profits on their needlework and washing) would be a sufficient compensa­ tion to them for the reduction in their ration; and so I am disposed to think it would have proved, had the Rations delivered to them been such as they were entitled to; but, in the year 1842, the contract had been taken at a very low rate, namely, 3^d. per diem for rations to women in thefirst an d second classes and 2^-d. in the 3d class; and the regulations of the Commissariat were found insufficient to ensure the delivery of articles of proper quality. The bad quality of the provisions is strongly commented on in the report of the Board, and the appearance of Scurvy among the women is in great part attributed to it. Inability to 11. Without the power of absolute rejection of articles not force due fulfilment of according to the contract, it is impossible, I believe, ever to contracts for make a Contractor honestly fulfil his engagements; yet this power provisions. is not, by the regulations of the commissariat, reserved even to the highest officer of the Government, or to the Governor him­ self; but, in case of any dispute about the quality of the rations, the Contractor is entitled to demand a reference to Arbitrators, who, I need scarcely say, in nine cases out of ten will decide against the Government. I have had very frequent and serious conversations with the Officer in charge of the Commissariat on this subject; and it has only been from the apprehension of materially increasing the Contract prices, that I have abstained from bringing the matter formally before Her Majesty's Gov­ ernment, Ration for 12. The Ration for a Woman of the third class is: female convicts Bread, 12 ounces daily; Fresh Meat, 4; Maize Meal, 12; of third class. Vegetables, 8; Salt, J; Soap, i; and if delivered of sound and good quality is not, I think, in­ sufficient for the maintenance of a Female Prisoner. GIPPS TO STANLEY. 739

13. Another amelioration, which I introduced into the Factory, 1843. was the allowance of a small sum of money, never exceeding 10s., '

to enable a Woman, on her obtaining a Ticket of Leave, to pro- *n0wance ceed to the place of her destination, that is to say, to the part of on obtaining I/-IT i •• IT T-I-I-1 -i ticket of leave. the Colony, wherein it was expected that she would have the chance of maintaining herself respectably. Whilst assignment lasted, few women got their Tickets direct from the Factory; but latterly great numbers of Women (some­ times from 20 to 50 in a week) have been discharged with Tickets from that Establishment; and it is essential to remark that a Woman in assigned service, on acquiring her Ticket, very fre­ quently remains in the hired service of her former Assignee; and, though she may not do so, she has in her assigned service had the means of making Friends or acquaintances, so that she will seldom, on obtaining her Ticket, be altogether friendless; but Difficulties of that Women discharged from the Factory with Tickets of Leave o™btainingCtS are in very many cases absolutely friendless; and it is scarcely t^kets of leave. possible for them by any honest means to maintain themselves without assistance, during thefirst few days of their liberty. In consideration of these circumstances, I, with the advice and concurrence of my Executive Council, caused an order to be Order re money embodied into the Regulations of the Factory, of which a copy allowance- is given, in Appendix No. 4. The Money (never exceeding 10s.) is however seldom given to the woman herself, but laid out for her benefit. 14. I have as yet only spoken of the discontent of the Women, but I have to add that on one occasion they broke into open violence. On the evening of the 17th February, 1843, two Women Riot in were discovered by the Sub-Matron to have scorched themselves {emale factory- for the purpose of escaping or of endeavouring to escape; and, on being ordered into confinement, they called for assistance to the Women who had just been locked up for the night, in one of the large Wards or sleeping apartments of the Establishment. The Women in this Ward, to the number of above 100, having succeeded in forcing the door, rushed out to their assistance, though they were too late to prevent their being safely deposited in the Cells. A regular riot then ensued, which was not quelled until not only the Police, but the Military also, had been called in. A number of Windows and doors were broken, and the Chief Constable received a contusion in the side; but no more serious mischief was done, and about eighty of the rioters were secured before daylight, either in the Cells of the establishment or in the Gaol of Parramatta, which is distant less than a quarter of a 740 HISTORICAL RECORDS OF AUSTRALIA.

1843. mile from the Factory. A heavy rain fortunately fell soon after 20 May. the commencement of the fray; and the Women were probably Riot in only prevented by it from setting fire to the building. There female factory. were at the time 815 Women in the Factory; but only those of one Ward took any part in the riot. Some Women from other Wards, and especially those who had Children in the Factory, came to the assistance of the Sub-Matron. Decrease of 15. Having thus spoken of the inconvenience which arose out crime due to abolition of of the abolition of assignment, it is only right that 1 should men­ assignment. tion one great advantage whichflowed from it, namely, a remark­ able diminution in the amount of crime, and consequent punish­ ment among the Women. But, before I enter on this subject, it seems to me proper to repeat a remark which I made on a former occasion, viz., that Women are confined in thefirst an d second Classes of the Factory in consequence of their European sen­ tences only, and not fresh offences committed in the Colony, in fact, that simple confinement in either of these classes is not punishment in the Colonial sense of the word, but is (since the abolition of assignment) the ordinary condition of Female Con­ victs in New South Wales. The Women in the 3rd or penal Class of the Factory are the only ones undergoing punishment for offences committed in the Colony. 16. So long as assignment lasted, Women were constantly pass­ ing in and out of the Factory, that is to say, women in assign­ ment were constantly brought by their assignees before the Magistrate, and by the Magistrate sentenced to punishment in the Factory, to he on the completion of it returned to their as­ signees ; but when assignment ceased, though those who had been assigned were not withdrawn, yet Women sent to the Factory for punishment were not returned to their former service, but, on completion of their punishment, passed from the 3rd into the first or second Class of the Factory; the consequence of which was that Assignees became on the one hand more careful how they brought their assigned Women before a Magistrate, and the Women themselves, knowing that if sent to the Factory they would not get out of it again until entitled to a Ticket of Leave, began to have a more salutary dread.of being sent there. Discontinuance 17. The Assignment of Women in Sydney was discontinued of assignment. in April, 1841, and throughout the Colony generally on the lst December in the same year; and the effect of its discontinuance is strikingly shown in the Return herewith marked Appendix No. 5. There were, in the twofirst months of 1841, upwards of 600 Women in the Factory undergoing punishment for offences GIPPS TO STANLEY. 741 committed in the Colony, whilst on thefirst da y of the present 1843. month (May, 1843) there were only 72, the number having been as low as 34 at the end of November, 1842. 18. In my Despatch of the lst October, 1840, I reported the measures which I had adopted for giving employment to the Women, and furnished an account of the earnings of their labour, which was then confined to needlework only. I have since provided considerable employment for them by Washing for the Public; and I have the satisfaction to Report to your Lordship that, since thefirst introductio n of Needlework into the Revenue from Establishment in 1839, and of washing in 1841, the large sum of and washing. £7,597 13s. 6d.* has been paid into the Commissariat Chest of this Colony, the whole of which has been credited to the Public; though as an offset against the amount £3,986 15s. 5d. earned for washing is to be reckoned the expense of Soap, Fuel, etca., and the indulgences granted to the Women who actually performed the work, amounting to about one third of the Whole sum. It is from Needlework and Washing that this sum (£7,597 13s. 6d.) has entirely been derived. In respect to the Needlework, the only deduction to be made from the gross amount earned (£3,610 18s. ld.) is the one sixth part allowed to the Women themselves, and a small sum for contingent expenses; but, in respect to Washing, about 19 per cent, on the gross receipts isfirst to be deducted for the expense of Fuel, Soap, etc., and one sixth of the remainder, which is allowed to the Women themselves. Considerable quantities of Needlework have also been done by the Women for different Departments of Government, for which, as stated in my Despatch of the 1st October, 1840, no charge is made; and some money has been earned by them in picking Oakum; but, as there is scarcely any profit on this species of work, it is not taken into account in the foregoing statement. 19. According to an approximate calculation made by the As- Deductions sistant Commissary of Accounts, from the whole sum of £7,597 recSveT™' 13s. 6d. paid into the Commissariat Chest, the following deduc­ tions should be made:— £ s: d. To cover the expense of Fuel, Starch, Soap, etc. .. 1,098 9 4 Indulgences granted to the Women in the shape of extra issues of Bread, Sugar, etc 1,210 18 1 £2,309 . 7 5 Which deducted from 7,507 13 6 Leaves a net profit up to the 31st December, 1842, of £5,288 6 1 »Marginal note.—Needlework, £3,610 18s. ld.; Washing, £3,986 15s. 5d.— £7,597 i3s. 6d. 742 HISTORICAL RECORDS OF AUSTRALIA.

1843. 20. I have earnestly been solicited by the Steward and Matron £0 May. of the establishment to allow to them some per centage on this sum; and, as their labour and responsibility have been greatly increased since thefirst introduction of Needlework into the establishment, I have promised to bring their application under the consideration of your Lordship. It is doubtless desirable that the Chief Officers of the Establishment should have an in­ terest in the work performed at the Factory, in order that it may be carefully done; and also that they may exert themselves to obtain as much employment as possible for the Women. An allowance of 5 per cent, on the net amount, credited to the Public, would produce (on £5,288) £264; and if I were autho­ rised to give this sum in gratuities, I would propose that it should be thus divided: To the Matron 2 per cent., £105 12s.; To the Sub-matron 1 do, £52 16s.; To the House Steward, £105 12s.—£264; sums which can scarcely be called large when it is considered that they are the reward of more than three years' labour. In order, however, that the question may be fairly before your Lordship, I think it right to state the salaries and advantages which they respectively enjoy. The House Steward and the Matron (Man and wife) have accommodation for themselves and family in the building, but no Rations, and a salary between them of £300 a year. Sub-Matron has accommodation in the building, and a Salary of £75 per annum, hut no ration or other allowance. I have, &c, GEO. GIPPS. [Appendix No. 1.] NEW SOUTH WALES. Return of RETURN of the Number of Women and Children in the female Fac­ women and tory at Parramatta on thefirst da y of each month from the children in female factory. • lst March, 1840, to the lst May, 1843. 1840. Women. Children. 1841. Women. Children. 1st March 870 258 lst January 844 378 April 829 261 „ February 918 396 May 758 260 ,, March 967 396 June 713 267 ,, April 898 398 July 707 274 May . 871 398 August ... 745 284 ,, June . 928 403 September 850 353 » .July . 887 403 October .. 841 364 ,, August 902 390 November 791 370 „ September 889 400 December . 372 ,, October . 906 329' „ November 929 309- „ December 942 291 GIPPS TO STANLEY. 743

[Appendix No. 1]—continued. 1843. RETURN of the Number of Women and Children, etc.—continued. 2° *y' 1842. Women. Children. 1842. Women. Children. Return of lst January .. . 1,027 299 lst October . 1,182 283 women and L089 266 children in „ February .. 1,085 301 „ November 223 female factory. „ March 1,123 298 ,, December ii. „ April 1,171 299 1843. 780 192 „ May 1,154 277 lst January . 811 191 , June 1,183 252 ,, February 794 180 „ July 1,203 263 „ March . . 654 182 „ August 1,190 261 „ April . . . 569 146 „ September . 1,188 272 „ May [Appendices Nos. 2 and 4.] [Copies of these papers are not available.] [Appendix No. 3.] FEMALE SERVANTS. Colonial Secretary's Office, Sydney. 2Sth Fehy., 1S43. His EXCELLENCY the Governor having approved of an arrangement, Regulations« proposed by the Visiting Justice of the Female Factory, for placing g™^ some of the best conducted Women in private service, the same is to be carried into effect, under the following Regulations :— 1st. Applications for servants are to be made direct to the Visit­ ing Justice of the Factory, and must be recommended by at least one Magistrate or Clergyman, who will take care that the applicant is of unexceptionable character. 2nd. The Master or Mistress will be required to pay to the Ser­ vant wages varying from £8 to £10 a year, to befixed by the visiting Justice, according to her qualifications; and every application must contain an engagement to that effect. 3rd The Servant, after being six months in service, will be allowed to change her situation by giving one month's notice, but the change will onlv be allowed under the sanction of the Police Magistrate, or Bench of Magistrates of the District, who will take care that the prisoner does not engage with any one, who is not of an unexceptionable character, and that the transfer is immediately reported to the Principal Superintendent of Convicts. 4th. If the Woman should not, at the expiration of the Month's Notice have secured another approved situation, she is to be re­ turned through the Bench of the District to the Female Factory, and a sum not exceeding ten shillings is to be deducted from her wages, and paid by her employer, to pay the expense of her conveyance. 5th In like manner, the Master or Mistress, after six months, may give the servant notice of one month, to enable her to provide another situation; and, if unable to procure other employment, she is to be returned through the Bench of the District to the Female Factory; a charge not exceeding ten shillings, at the dis­ cretion of the'Bench, being made on her employer to cover the expense of her conveyance to Parramatta. 6th. If any Woman in service should misconduct herself, she is to be' taken before the Bench of the District; and no servant re­ turned to the Factory for punishment will be again placed in private service for at least twelve months; but no charge in such case will be made on the employer. 7th. Persons, receiving servants under these Regulations, will be required to pay before receiving them, the sum fixed in the Regula­ tions of 25th Novr., 1840, viz., 10s. in Sydney, and 5s. in any smaller rpown By His Excellency's Command, E. DEAS THOMSON. 744 HISTORICAL RECORDS OP AUSTRALIA.

1843. [Appendix No. 5.] 20 May. NEW SOUTH WALES. Return of RETURN shewing the number of Women in the Female Factory at women under Parramatta, under punishment for offences committed in the punishment in female factory. Colony, on the last day in each month in the years 1839, 1840, 1841 and 1842, and the fourfirst months of 1843. Waiting for Under other Confined in confinement, descriptions of Total. cells. the cells being punishments. filled.

1839. January 8 None. 333 341 353 361 February 8 8 342 350 March 8 374 382 April 8 . 388 396 May 11 357 368 June 8 326 334 328 July 9 319 45 275 320 August 59 232 291 September* .... 39 208 247 October 47 .. 252 299 November December 71 None. 329 400 72 33 173 278 1840. 72 44 155 271 January 72 37 152 261 February 72 45 149 266 March 72 46 109 227 April 72 57 121 250 72 169 50 291 May 72 132 98 302 June 72 104 111 287 July 72 176 211 459 August 72 241 234 547 September ...... 72 252 286 610 October 72 271 264 607 November 72 219 235 526 December 72 140 226 438 1841. 72 46 252 370 January 44 None. 242 286 24 255 279 February 36 ,, 244 280 March 16 ,, 247 263 April 16 ,, 264 280 May 31 231 262 June... 25 " •281 306 July 72 None. 277 349 August 47 283 330 September 23 302 325 (, October 21 266 287 November 72 8 220 300 60 None. 177 237 December 44 179 223 1842. 24 j, 173 197 January 26 ,, 148 174 February 16 ,, 136 152 March 14 20 34 ,, 33 44 April 11 .. May 9 None. 52 61 June... 35 ,, 21 56 July 6 ,, 70 76 August 5 " 67 72 September * Marginal note.—The new Range of cells wasfirst occupie d in this month. October t Marginal note.—The increase in the number confined in the Cells in this month November was occasioned by the Riot in the Factory spoken of in Paragraph 14 of the Despatch. December 1843. January February! March April GIPPS TO STANLEY. 745

SIR GEORGE GIPPS TO LORD STANLEY. 1843. (Despatch No. 77, per ship Talent; acknowledged by' 20May. lord Stanley, 16th March, 1844.) My Lord, Government House, 20th May, 1843. Having in my Despatch of this day's date, No. 76, re­ ported on the present state of the Female Factory, or' (more properly speaking) Prison at Parramatta, the present seems to me a proper opportunity to reply to your Lordship's Despatch instructions No. 118 of the 28th May, 1842, wherein, on the supposition, that separate™ the power of placing Females in separate confinement did not fgmiil'convicts exist in New South Wales, I was directed to propose to the Legislative Council the passing of an Ordinance, which should contain enactments similar to those of the 2nd, 3rd, and 4th Clauses of the 2nd and 3rd Vict., Ch. 56. I beg leave consequently to report to Your Lordship that the statutory 10th Clause of the Prison Act of this Colony (4th Vict., No. 29, punishment* passed the 16th December, 1840) embodies the substance of the three sections alluded to in the 2nd and 3rd Vict., Ch. 56. The Home Inspectors of Prisons appear to have been led to Mistake by suppose that such powers did not exist in this Colony by a pas- S pr£ons. sage in my Despatch, No. 205, of the 10th October, 1841, wherein I stated that, since light had been admitted .into the Cells, and imprisonment in dark cells had been declared illegal, the Judges had no power to punish a woman convicted before them of any second offence (short of Murder) in any severer degree, than I formerly considered I had the power to punish women, who had committed no second transportable offence, but had been guilty only of irregularity in the Factory; I would however beg leave to point out that neither the 9th Clause of the Local Act (4th Vict., No. 29) nor the 2nd, 3rd, and 4th Clauses of the Imperial Act, 2nd and 3rd Vict., C. 56, confer any powers on the Judges, the powers granted by them being vested (if I rightly construe the Acts) in the Gaolers, Visiting Justices, or persons having the immediate control of the Gaol, and in New South Wales, virtu­ ally in the Executive. I failed, however, in my Despatch of the 10th October, 1841, Power of judges to point out that the Judges have, under the 3rd Vict., No. 22, convicts on even as altered by the Sth Vict., No. 3, a power which I never J^ and exercised or claimed, viz., that of directing a Woman to be placed on bread and water for periods of 20 days at a time. To give to the Judges the power of sentencing Women to long Objections to periods of either solitary or separate confinement would be very soiiSry° °re r inconvenient, and might entail on the Government the neces- confinement. sity of building a vast number of additional Cells. 746 HISTORICAL RECORDS OP AUSTRALIA.

1843. As some misapprehension may still exist as to the punish - -x ay' ments which can legally be inflicted on Women in the Female PSnishrnent of Factory, I beg leave to offer the following explanations. female convicts. The Prisoners are of two descriptions, lst, Women who are undergoing no other sentence than that of Transportation, pro­ nounced on them in Europe, but who, not having served the periods required by the 2nd and 3rd Wm. IV, C. 62, are not eligible for Tickets of Leave, and who consequently are detained in the Factory, simply because they cannot otherwise be disposed of. These Women may be placed in the small Cells for refrac­ tory conduct, and on bread and water for any period not exceed­ ing three days; or they may, either for refractory conduct OT habitual irregularity, be placed for any length of time in the larger Cells (that is to say, in what is called separate confine­ ment, in contradistinction to Solitary); but, whilst in such separate confinement they are not on bread and water, their treatment being, I believe, the same as that to which Women are subjected in the Inspectors' Prisons in England. These same Women, being already Convicts, may also, for any offence such for instance as pilfering or rioting in the Factory, be tried under the summary Punishment Act of the Colony, 3rd Wm. IV, No. 3, before a Magistrate (or two Magistrates, if the case be serious) but without a Jury; and, if convicted, they immediately fall into the Class of Prisoners, who are undergoing a second punishment, cumulative on the first. 2. The second Class of Prisoners (or as it is generally called the 3rd, because the second Class consists of Women, who are dis­ tinguished from the rest only by their having Children at the breast) consists of Women, who are labouring under sentences pronounced on them for offences committed in the Colony, which sentences are, by the 34th Sec. of the 3rd Gul. IV, No. 3, cumula­ tive on thefirst, whethe r pronounced in the Supreme Court, at Quarter Sessions, or by Magistrates, as before mentioned, exer­ cising summary Jurisdiction. Women, who are thus suffering under a second or cumulative sentence, are the only ones who can be placed in the small Cells for more than three days; but even Women of this class cannot be kept in the small Cells for more than 20 days at a time, though, since light has been let into them, they are sometimes (and especially in cold weather) considered more comfortable than the larger ones. Confinement in the 3rd Class (as it is called) of the Factory is also a cumulative, punishment for transported Women, con­ victed of Offences in the Colony; and, though by Law this con­ finement ought to be accompanied with hard labour, it is in practice only simple confinement on a lower ration than that of GIPPS TO STANLEY. 747

8 thefirst an d second classes, and it does not carry with it imprison- 2J M^, ment in the cells. Before the range of 72 Cells was built, that ." is to say, before the year 1839, this simple confinement in the punishment of 3rd Class was the most common punishment to which women female convicts. were subjected; but, since the completion of the Cells in 1839, it has been less frequently resorted to, though it is still a legal punishment. The chief effect of it is that the time, which a woman is kept in the 3rd Class, is not reckoned in the working out of her European sentence; so that a woman, sentenced in England for seven years, may in consequence of a number of such cumulative sentences be eight or ten years or even longer in the Colony, before she becomes free. In conclusion, I have to remark that I have spoken in this Des­ patch only of Women who came to the Colony in the condition of Convicts. The Law in respect to other women is much the same as in England, and their punishment also the same; and they may in the ordinary Gaols of the Colony be placed in separate confine­ ment (as well as men) under the 9th Clause, already spoken of, of the Local Prison Act, 4th Vict., No. 29. I have, &c, GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 78, per ship Talent.) My Lord, Government House, 20th May, 1843. In the concluding part of my Despatch of this day's date, Request for No 76, containing my report on the Female Factory at Parra- remuneration matta, I have submitted to your Lordship a request that I may {o^*™^ be authorized to grant to the Principal Officers of that Establish­ ment the sum of £264, beingfive pe r cent, on the net profits of Needlework and Washing done at that Establishment in the years 1839, 1840, 1841 and 1842. Under the apprehension that a request, so embodied _ m a general report, may by possibility be overlooked, I take the liberty of bringing it separately forward, with a request that I may be favored with your Lordship's decision on it. I have, &c, GEO. GIPPS.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 79, per ship Talent.) My Lord, Government House, 21 May, 1843. 21 May. In compliance with the directions contained in your Lord- Transmission ship's despatch, No. 69 of the 24th February, 1842, I have the j'Xg °r honor herewith to transmit to your Lordship a report on the establishment. Printing Establishment of this Government for the year 1842. 748 HISTORICAL RECORDS OP AUSTRALIA.

1843. I regret that, in consequence of an oversight on the part of 21 May. the. Clerk who copied the report, the transmission of it, which ought to have taken place in January last, has been delayed until now. I have, &e., GEO. GIPPS. [Enclosure.] [A copy of this report is not available.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 76, per ship Clara.) 22 May. Sir, Downing Street, 22 May, 1843. Allowance I have received and have laid before The Queen Your Dis­ of acts for patch No. 172 of the 19th September last, submitting for the Australasian sugar company Royal Allowance Two Private Acts, passed by the Legislative and for trustees Council of New South Wales during their Session of 1842, Vizt., of will of S. Foster. An Act entitled "An Act for facilitating proceedings by and against a certain joint Stock Company called the Australasian Sugar Company and for other purposes therein mentioned," and an Act entitled " An Act to enable the Trustees for the time being of the will of Samuel Foster, late of Birmingham, Gentle­ man, deceased, to grant leases of Land in the Colony of New South Wales." I have received The Queen's Commands to signify to you that Her Majesty has been pleased to confirm and allow these Acts. Objections With reference however to thefirst o f these Acts, I wish to to acts for point out to you the inexpediency of giving in future any encour­ trading companies. agement of Companies established for Trading purposes as Con­ tradistinguished from Insurance Companies and Banking In­ stitutions, unless the purposes are such as require necessarily a large Capital and a numerous Association of persons. I have, &e, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 80, per ship Talent.) 24 May. My Lord, Government House, 24th May, 1843. Proposed Having had the honor, on the 27th February last, to re­ letters of denization ceive your Lordship's Despatch, No. 192 of the 22nd September, forH. 1842, enclosing a copy of an application from Messrs. F. Huth Meinertzhagen. and Co. on the part of Mr. Meinertzhagen of 'Sydney, I lost no time in causing enquiry to be made, respecting the alleged ap­ plication from Mr. Meinertzhagen for Letters of Denization, and I ascertained from Mr. Meinertzhagen that no application GIPPS TO STANLEY. 749 had ever been made to this Government, either by himself or on 24Ma' his behalf, it appearing that his agent in the Colony, Mr. Norton ' had neglected to comply with his directions. fetters of Though I have caused a second letter to be addressed to Mr. denization Meinertzhagen, enquiring whether he still desires to become a Meinertzhagen. Denizen of New South Wales, I am unable to report on this sub­ ject to your Lordship, no answer having been returned to my application by Mr. Meinertzhagen. I may, however, add that I know of no reason to object to the issue of Letters of Denization to Mr. Meinertzhagen, should he wish to become qualified to hold land in the Colony. I have, &c., GEO. GIPPS.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 77, per ship Clara.) Sir, Downing Street, 25th May, 1843. 25 May- I have received your Dispatch No. 214 of the 16th of No- Approval^ vember last, and, under the circumstances which you have re- absence for ported, I approve of the Leave of absence which you have granted J' to Mr. Justice Willis to enable him to return to Europe for the recovery of his health. I do not perceive however any sufficient reason for authorizing any increased charge on the Colony on account of Mr. Willis's absence, and unless I learn that Mr. instructions

Willis consented to waive the whole of his Salary during his w.M . Manning. leave, or unless the result of enquiries to be hereafter made shall satisfy me that' Mr. Willis's return in the Character of a Judge cannot be permitted, I fear that I must decline to sanction the engagement into which you have entered for allowing Mr. Man­ ning the full salary of the Office. In any case, you will under­ stand that Mr. Manning's appointment must be considered only temporary. I have, &e, STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 81, per ship Talent.) My Lord, Government House, 26th May, 1843. 26 May. D e s I have had the honor to receive your Lordship's Despatch, c k P^*dged No 209 of the 15th November, 1842, by which I was authorized to 're bountieons on pay Bounties on the Emigrants by the Ship " Sir Charles immigrant.. Napier," notwithstanding that the Vessel did not sail from Eng­ land until after the lst November, 1841. I have the honor to enclose herewith a copy of the letter which, in consequence of the receipt of your Lordship's Despatch, I 750 HISTORICAL RECORDS OP AUSTRALIA.

1S43. caused to be written to the Agents of the " Sir Charles Napier " 26 May. in Sydney; and for the reasons which still operate to prevent the payment of Bounties on the Emigrants by this Vessel, I beg leave to refer to my own Despatch, No. Ill of the 26th June, 1842. I have, &c, GEO. GIPPS. [Enclosure.] COLONIAL SECRETARY THOMSON TO MESSRS. 'GILCHRIST AND ALEXANDER. Colonial Secretary's Office, Gentlemen, Sydney, Sth May, 1843. Inability to With reference to the conversation which the Governor had pay bounties with Mr. Gilchrist on Monday last, respecting the claim of Mr. on immigrants Reid of Glasgow to Bounties on Emigrants by the Ship " Sir Charles per ship Sir Charles Napier. Napier," and also to the Letter which was written to you from this Office on the 20th of June, 1842, I am directed by His Excel­ lency to state that, having received a Despatch from the Secretary of State dated the loth November, 1842, certifying that the depar­ ture from England of the " Sir Charles Napier " after the lst of Xovember, 1S41, was sanctioned by the Commissioners of Colonial Land and Emigration, the difficulty In respect to the payment of the Bounties on those Emigrants is removed so far as that difficulty rested on the fact of the Ships having sailed after the said First day of November, 1841. The other reasons for withholding the Bounties remain however, His Excellency regrets to say, in full force; and they must still prevent His making any payment on account of the Emigrants in question, except under the direction of the Secretary of State, to whom the whole matter was referred by a Despatch from Himself dated the 26th June, 1842, which left Sydney by the Ship " Anne " on the 13th July, and a Duplicate of the same by the " Honduras " on the 2nd of September last. I have, &e, E. DEAS THOMSON. LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 78, per ship Clara; acknowledged by Sir George Gipps, 28th November, 1S43.) 27 May. Sir, Downing Street, 27th May, 1843. I have received your Dispatches Nos. Ill and 153 of the 26th of June and lst of September, 1842, reporting the circum­ stances under which you had refused to pay Bounties on the Emi­ grants imported into New South Wales in the name of Mr. Francis Reid of Glasgow by the Ship " Sir Charles Napier." I have also received a Memorial from Messrs. Lockett of Liverpool, the owners of the Vessel, a Copy of which I enclose. On a consideration of these papers, there appears to be no doubt that a great part of the Emigrants taken out in the " Sir STANLEY TO GIPPS. 751

Charles Napier" were of an improper description, that highly 1843. disorderly conduct prevailed on board during the voyage, and ly' that some of the officers- of the Ship were unworthy of the trust immigrants and . iTT OmCGT@ £)&i SIllJJ they held. Sir Charles I have directed the Emigration Board to institute enquiries into the objectionable selection of the Emigrants. In the meanwhile, however, the papers now before me are suffi­ cient to enable me to arrive at a conclusion on the representation of the Claimants to the Bounty. The facts of the case have appeared to me to be as follows:— On the arrival of the " Sir Charles Napier " at Sydney, The immigrants Immigration Board rejected 27 Males, 50 Females and 25 Chil- approved!" dren, in all 102 Emigrants, as being disqualified, and approved and passed 67 Males, 54 Females and 18 Children, in all 139, as being eligible for Bounty. The parties were apprized that the Bounties on these last might have been paid under ordinary circumstances, but that the disclosures before the Immigration Board were such as to make you consider it imperative on you to construe in the strictest manner against the Claimants every Clause in the estab­ lished Regulations. You thereupon refused Bounty upon the Reasons for whole Party on the following grounds:— pt'y bounties. 1st. That the Emigrants were not selected by the person (Mr. Reid), who was authorized to send them out or by his Agents. 2ndly. That the Emigrants were not supplied on the voyage with a sufficiency of Water, etc. 3rdly. That they did not sail from England until four days after the lst of November, 1841, the last day open for the purpose to any Bounty Agents. Against these conclusions, the Messrs. Lockett remonstrate. Protest by They acknowledge with regret the evils that have been com- LockettJ' plained of, but they contend that none of them are traceable to *J£™*£of the owners of the Ship. The disorderly conduct on board they bounties. ascribe in great measure to the death of the original Master. They argue that the ineligibility of the Emigrants, respecting whom they had been deceived, is sufficiently visited by the refusal of the Bounties upon those parties, and that the misconduct of the officers meets its proper punishment in the loss of their gratuities, on which last point they add that the mate, who be­ came Master, has received from them his dismissal; and, having offered these remarks on the evils of the general nature to which you had adverted, they object for the following reasons-to the technical grounds, on which you had exercised the right to refuse the whole of the Bounties on this Vessel. 752 HISTORICAL RECORDS OP AUSTRALIA.

1843. 1st. With regard to the objection that the Emigrants were not 27 May. selected by Mr. Reid, they produce a Correspondence shewing Reasons that the Emigrants were selected and dispatched with his know­ for protest. . ledge and under his authority, and they point out that his right to proceed by that kind of delegation has been sanctioned by the universal practice of the Colonial Government. 2ndly. On the Charge of an insufficiency in the supply of Water, Messrs. Lockett point out several important defects in the evidence of the Complainants and make out a strong case ior believing both that there was an ample supply of Water on board and also no material deficiency in the issue. It appears to me that their representations on this subject must be admitted to be valid when taken in conjunction with the following Extract from the report of the Emigration Board, which examined the Wit­ nesses, and which will be found to apply to the preceding objec­ tion as well as to the one now under consideration. " We are not of opinion that the affreighters can be charged with either a short supply or a short issue of Provisions and Water, though Complaints are preferred by some of the Immigrants on these grounds; nor would it be easy to set aside Mr. Reid's claim to the Bounties on the ground of the Immigrants not having been selected in pursuance of his authority, though it appears to us that he has had nothing to do with their selection, and that his respectability therefore has proved to be no guarantee for the faithful execution of the order entrusted to him." 3d. The third objection is that the Ship had sailed four days after the period when the Despatch of Bounty Vessels was to, cease. But it will have been learned in the Colony before this time that the delay was sanctioned by this Department. Instructions Such being the case, while the evils which have come under for payment of bounties notice in the case of the " Sir Charles Napier" cannot be too on approved strongly condemned, it appears to me that the technical grounds immigrants. on which the Local Government refused to pay even for those of the passengers, who were passed as eligible, cannot be main­ tained; and that there is not the power of properly withholding the payment on more than those Emigrants who were declared ineligible. It may be observed that, as these last amounted to nearly one half of the whole number of Passengers, the loss of Bounties on them will still constitute a very considerable mulct. For the foregoing reasons, I feel bound to direct the payment to the representatives of the Parties in the Colony of the Bounty on the Passengers, who were passed by the Immigration Board. I have, &c, STANLEY STANLEY TO GIPPS. 753

[Enclosure.] 1843. 27 May. THE Memorial of William and John Lockett of Liverpool, —— Shipowners and Merchants. w. andj. To the Right Honble. Lord Stanley, Her Majesty's Principal Secre- refu^fo? tary of State for the Colonies, etc., etc., etc. bounties on Most respectfully Sheweth, p^si^sir That Memorialists are the owners of the Ship " Sir Charles Charles Napier. Napier," and that, through Messrs. George Brown and Harrison, Shipbrokers and Agents, she was chartered to Messrs. Ingleby and Brown, all of Liverpool, the said Charterers agreeing by the Charter party to supply the legal complement of passengers, and that such passengers should be of a Class entitling the Shipowners to the usual Bounty at Sydney. That at Sydney, the Immigration Board " passed " a certain por­ tion of her passengers, vizt., 67 Males, 54 Females, and 18 Children, all strictly scrutinized, but " passed" as being eligible for the Bounty; and rejected the rest, Vizt., 27 Males, 50 females, and 25 Children as being "disqualified," and the Governor altogether re­ fuses to grant the Bounty on either the former or the latter, and rejects the claim in toto. That the Governor's objections are of a twofold nature, I. affect­ ing the Class of passengers; and Hd affecting the Ship and the Ship's Officers, the former being primary, so that, if it should appear that the passengers objected to were in reality of a Class not such as were entitled to the Bounty, Memorialists must have recourse to the Charterers and their Agents for the fulfilment of their Contract; but, as the Bounty or Passage money in abeyance amounts to so iarge a sum as £4,061, hence Memorialists' humbly hope they may not have occasion to come upon those parties for so serious a sum, if the Justice of the Claim on the Colonial Govern­ ment can be made apparent (as they trust) to your Lordship's satisfaction. That much of the conduct and circumstances which induced the Governor (as his Secretary expresses it in an Official Letter of 20th June, 1842) "to construe, in the strictest manner, against the Claimants every Clause in the established regulations," arose from the death of the old Master. Captain Huxtable, under whose com­ mand she sailed hence, and for upwards of two Months of her pas­ sage, and the accession of the Chief Mate as new Master during the remainder of the passage; hence, to withhold Bounties on technical exceptions " strictly construed" from disapproval of the conduct of the new Master would be to punish innocent Shipowners for a Visitation of Providence in the death of the old Master. That Memorialists (quite as much as the Immigration Board) lament that anything should have occurred during any part of the Passage, indicating a forgetfulness of propriety on the part of the Chief Mate, who so became Acting Master. It appears that he fell in Love with one of the Females, whom, however, he married at Sydney after arrival; and the proof thereof, their Marriage CertificateSEK. I,. waVol.s. transmitteXXII—3 B d to the Governor's Secretary by the Agents at Sydney on the 2d July, 1842. But, although he was so forgetful of the force of c.rample as to give her a kiss in presence of some of the Ship's Company, and to he much in her Company because paying his Addresses to her, yet we cannotfind throughou t the whole Evidence before the Immigration Board (and which 754 HISTORICAL RECORDS OP AUSTRALIA.

1843. evidence was of most hostile animus towards him) that there is a 27 May. single assertion, even, that he was guilty of any criminal connec­ Memorial of tion with her who is now his Wife. We doubt not that a stricter dis­ W. and J. cipline and a more befitting remembrance of what was due to and in Lockett re refusal of the way of example towards maintaining order and decorum would bounties on have prevailed, but for the unfortunate decease of the old Master immigrants at Sea. Our " Letter of Sailing Instructions " Strictly enjoined on per ship Sir him every attention to these points. It stated " We have every Charles Napier. confidence that you will see that the passengers have their full allowance; and that the greatest economy is used in dispensing the Stores. Every thing depends upon kind and proper treatment of your passengers as to the Bounty." And even as respects the Mate who so became Master, we had the highest Testimonials with him when he entered our employ, and we had till now reposed every confidence in his sense of propriety. His falling in Love seems to have been the root of much evil and bitterness between him and the Surgeon, and very mischievous in weakening general co-opera­ tion and rigid attention to propriety; but your Lordship's Me­ morialists humbly urge that these are circumstances (specially with the added visitation of Providence in the death of the old Master) which no Shipowner ean foresee or controul, much less be justly punished for. On the contrary, the appropriate punishment falls on the parties themselves, and by the " established regulation " which, for misconduct, withhold from this Master and some of the other Officers the usual Gratuities. This new Master suffered a double punishment, vizt.. forfeiture of his gratuity, and of his situation too, for we have discarded him. That having thus adverted to the moving causes (so far as affects the Ship) which induced the Governor to take three technical exceptions against the Claim; Memorialists beg leave to answer each of the three in reverse order, vizt.: The IHrd and last (was as the Secretary's said Letter set it forth) "which, alone, was fatal to the Claim for Bounty, they did not sail from England until four days after the lst November, 1841." But the extension of these four days was specially and ex­ pressly granted in Mr. Walcot's official Letter, which at once re­ moves the only objection named as " fatal." The Und technical exception raised was " that the Emigrants were not supplied on the Voyage with a sufficiency of Water." We submit that this is disproved by the fact that Lieutenant Henry. the Emigration Agent here, specially looked to this; and then certified that the Ship was " provided with all things requisite for the sustenance, health and necessary comfort of the Emigrants during the voyage." It appears that Hargraves, the Second Mate, who became Chief Mate and quarrelled with the new Master by his own admission, and raked up everything in his disfavour, depre­ ciated the quantum of water served out atfirst; bu t admits that it was done with a discretionary view, vizt., to serve out less on days the Emigrants had no Soup, and more on Soup days; besides which there was a uniform increase of Water served out as soon as the Doctor desired it; had the Doctor done his duty and desired no discretionary rations of Water but uniform rations, sooner than he did desire it, it would have been compiled with. It is remark­ able None of the Emigrants examined by the Board, seem to have made the least complaint as to the allowance of Water, except, vizt., an Irish Publichouse Keeper O'Brien; yet he himself had never STANLEY TO GlPPSi 755 complained till after he got to Sydney; and another Man named Hoi- 1843. lingworth, who by his own admission to the Immigration Board had 27 Ma-y- conspired to forge his own Certificates; he alludes to a short supply Tjemorial of of Water, but he convicts himself of falsehood by saying he himself w. and J. had the serving out of provisions for a Week together without super- Lockett re vision, without curtailment, that is, as liberally as he pleased; Had booties' on there been any complaints on board of a shortness of Water, it would immigrants have transpired; but that there was no ground for any such com- P^^v^r plaint seems undeniable from the fact that (excepting the decease ctia"esNaP< of the Master and four young Infants born, we conceive, since she sailed) We have not heard of a single death out of all that large number of Souls; the whole were in the highest health. On arrival at Sydney even, long as they were, there was a liberal surplus supply of Water, thereby corroborating the original correctness of Lieutenant Henry's Certificate that there was Water on board in plenty. If the Emigrants did not ask for more than they wanted, and if in that number (as aggregated) it made a total difference of a few Gallons, minus the prescribed rations (as to individuals), still the supply was there, whatever was the consumption. And the objection raised by the Mate, who admits quarrelling with the new Master, is plainly from Captiousness; and is not warranted by any­ thing like a short supply of Water on the part of the owners in Victualling the Ship; in fact, we put on board 1,000 Gallons of Water beyond the stipulated supply for Passengers and Crew; and if economy, at one part of the Voyage, was used in husbanding the Water, it'was solely owing to the terrific (Winter) Weather, they had had to keep them so long on their Voyage, nearly double the usual time, from this to 1° North of the Line, as proved by the enclosed (postmarked) Letter from the Surgeon (the Chief Accuser) up to which time he says all was " going on well." The 1st technical exception taken by the Governor alone remains to be answered; which was " that the Emigrants were not selected by the person (Mr. Reid) who was authorized to send them out. or by his Agents." Memorialists beg to assure your Lordship that these Emigrants were shipped precisely in the same way and in part under the self same License, as Emigrants by other Vessels on which the Bounties arc allowed and have been paid already, as we have ascertained on application to Messrs. Wm. Smith and Son of this Town, and others. Mr. Reid's oim Letters (in Triplicate) are respectfully appended, wherein he writes that he authorizes these Emigrants being sent out under his License (duly exhibited at the office of the Board of Colonial Lands and Emigration) and whereby he appoints us his Agents in Sydney to receive the Bounties, and states that Messrs. Geo. Brown and Harrison were shipping them under his authority as his Agents. Wherefore, seeing that this very mode, in various previous instances, sufficed to entitle to the Bounties, After the Sydney Government had thus established a precedent in a novel system of Emigration, of which Shipowners could glean little except from the practice under Precedents, it would be the height of injustice towards innocent Shipowners for that Government to turn round on them and declare in effect that that Government had suddenly gained a "new light" and must insist on a new sense of what constituted " An Agent " to Mr. Reid; and yet all this unprecedented and anti-precedented procedure to be owing to a stern view of the conduct of the Ship's Officers (not of the Ship's owners) from their laxity after the Master's illness 756 HISTORICAL RECORDS OP AUSTRALIA. 1843. and death, and above all to be owing to a consequent and expressed 27 May. determination, on the part of the Governor, " to construe in the Memorial of strictest manner, against the Claimants, every Clause in the estab- W. and J. lished regulations "; whereas if there be any meaning at all in Lockett re the word "established," undeniably it cannot but mean that pre- bounties on existing usage adopted by the Governor in all prior similar cases (as immigrants to Licenses) in all which Bounties were granted. Hence at the per ship Sir eleventh hour to deviate from and to reverse all prior usage would Charles Napier. De to treat British Shipowners, living in a free and professedly Christian Country, with more of arbitrariness and less of Justice than they might expect in the most uncivilized and despotic Nation. With regard to the Class of Emigrants " selected," Your Lord­ ship's Memorialists had no concern whatever in the selection; but would have spurned with indignation the idea of palming improper persons on the List of Bounty Passengers. Your Lordship (from bringing in a better Passenger Act) will be well aware how difficult it is for Shipowners to take security against that body of persons called " Passenger Agents," who are always more or less Sub- Agents in these Emigrant Vessels. But even against the Sub- Agent, in this case Mr. Byrnes, there does not appear any allega­ tion of guilty overt acts on his part, although (if one or two doubt­ ful characters may be credited) a Clerk or Assistant in his Office appears (at after hours) to have acted the part of a modern Gehaze in extorting trifling sums of money for himself, from those whom the Shipowners, the Charterers, and the Principal Agents, all alike, believed were going out " totally gratuitously." How far the Witnesses are worthy of credit in impeaching even the Sub- Agent's Assistant, we cannot with certainty ascertain. It will be obvious that, as " particeps-criminis," the impeachments of each Witness also impeach himself, as a party whose veracity was not to be depended on here, and by a parity scarcely more to be depended on there; yea, evidently sueh as for the sake of a couple of shillings would say anything, whatever any active and vindictive opposer of the Master might wish. As was half admitted in the able report of the Legislative Council, dated Sydney, 26th August, 1842, re­ ferring to Official Certificates as probably impeaching the privilege of withholding the Bounties, does seem (and really is) grievous hardship that when these parties come on board with Certificates, which the Emigration Officer here Officially Certifies to be correct. and that the parties appear to be moreover what they describe themselves, that these parties (for bribes perhaps at Sydney) shall be with impunity permitted, yea encouraged, to turn round and tell the Immigration Board, in effect, that they had cheated the Ship, and knowing they were not such as they pretended themselves to be. We humbly submit they should be committed for punishment at Sydney, if their story prove true; and yet, inasmuch as their false story here was officially certified to appear to be true, we are not convinced that they are not what theyfirst sedulously pretended here, but after unsaid there. Wherefore, as the sum in abeyance is very serious, and as we are persuaded that no imputation can rest on our characters, as Ship owners, for we diligentlyfitted u p and equipped our Vessel accord­ ing to Lieutenant Henry, the Emigration Officer's directions and approval; and, as the bulk of the Emigrants were actually " passed " by the Immigration Board, in spite of its strictest scru­ tiny and of every objection snatched at, we humbly and earnestly ft STANLEY TO GIPPS. 7

pray that Your Lordship will be pleased to interpose and to direct 1843. that that Justice may he meted out in this case which British 27 May- Merchants feel it is neither presumptuous nor unreasonable to expect from a British Government at which Your Lordship presides. And Your Lordship's Memorialists, as in duty bound, will ever pr ^'' , r,Dil. ^ u -,OAO WM. and JNO. LOCKETT. Liverpool, 28th Feby., 1843. CORROBORATIONS appended, vizt.: a A. Postmarked Letter from the Surgeon, the Chief Accuser, shew- P P^te(J Ing that for 54 days out " all going .cell." B. Mr. Reid's Copy of his License. C. Mr. Reid's Letter to the Colonial Secy, shewing these were shipped here by parties as his Agents. D. Mr. Reid's Letter in further proof, power " to receipt" the Bounty. [Sub-enclosure A.] LETTER FROM THE LINE (1° NORTH OE IT). WHITTEIJ by the Surgeon, who after turned out the Chief Accuser against the Ship; J-etter from yet this his own Letter shows that for 54 days during the then lifetime of the old "• •>• lurney. Master all was going on right. It further shews they had had tremendous weather and ad-verse Winds, which made them near twice the average time in reaching the Line, and reasonably accounts for not being lavish with Water. Dear Sirs, Ship Sir Chas. Napier, Wednesday, 29th Deer., 1841. I have just seen a homeward bound Vessel and I hasten to drop you a line. I regret exceedingly to state that our Captain, Mr. Huxtable, has been in a very maki e use ofi.j_ th_ e_e expressioi lit. n• ; he... i.s 7ver ~J» y* Iwea. _ /lUr,^,k and rr, debilitate-1 . ™*« „,.,....,.....d ; he want nfs frestho hn-iaifii pro­ tin.- vision badly ; I asked him repeatedly to go to port, but he would not; I go on board this Vessel to get fresh provisions or preserves for him ; he has a great Cough and his Legs are swollen. I fear he will not recover except we get some fresh provisions that he can eat; and, should anything happen him, I will at once order the Vessel to be brought into the nearest Port; such is my present determination; tho' we experienced awful rain and wind, etc., we only lost four Infant Children; all our other Passengers are going on well, and in very good health, considering what we experienced. I am myself as well as usual, which is a blessing to me and I trust to the other passengers as I endeavour to do my utmost for them. Some of our Masts, etc., were broken in ten or fourteen days after our leaving Liverpool, but we have all right again. I have only a few moments to write this, so I bid you farewell, hoping you will publish how we all are. BeIir;vexmS' &0'' „ ^

v D. J. TUENEY, M.D., Longitude 24° 27', Latitude 1° 1' North. Surgeon to the Vessel. [Sub-enclosure B.] COLONIAL SECRETARY THOMSON TO MR. P. REID. Colonial Secretary's Office, Sir Sydney, New South Wales, 12th February, 1841. ' I have the honor to acknowledge the receipt of your Letter of the 5th August, Permission 1839, expressing your desire to be allowed to send Emigrants to Sydney and Port for F. Reid Phillip under the Regulations by which assistance towards providing them with a to introduce passage is granted by Government. immigrants. In reply, I am directed bv His Excellency Sir Geo. Gipps to transmit to you a Copy of the Regulations, dated 3rd March, 1840, and to inform you that there will be no objection to your sending out Emigrants to this Colony if in conformity thereto, and provided vou report to the Colonization Commissioners the Sailing of every Ship and number" of persons embarked. Under present circumstances, however, Bounties cannot be guaranteed to you for more than five hundred Families or un­ married Couples. I am directed to add that it will be absolutely necessary for you to have an Agent in Sydney, authorized to act for you, and to receive the Bounties. I have, &c, E. DEAS THOMSON. * Marginal note.—This Captain had sailed in our employ for several years; when he last sailed, we perceived no difference in his health; he was always a thin spare man. 758 HISTORICAL RECORDS OP AUSTRALIA.

1843. [Sub-enclosure Cl.] 27 May. MR. F. REID TO COLONIAL SECRETARY THOMSON, Sir, Glasgow, 26th October, 1841. Appointment The Ship " Sir Charles Napier," Captain W. C. Davies, being now about to of agents to sail from Liverpool for Sydney with Emigrants selected and forwarded on the Credit receive granted me by you dated 12th February last, I beg to request you will settle the bounties. amount of Bounty payable on landing of the said Emigrants with Messrs. Gilchrist and Alexander of Sydney, whose receipt will be binding. I am, &c, FKASCIS REID. [Sub-enclosure C2.] Ms. F. REID TO COLONIAL SECRETABY THOMSON. Sir, Glasgow, 10th Feby., 1843. Request for I beg leave to annex Triplicate of my Letter to you of 26th Octr., 1841, the payment of original of which having been lost (as I have been informed) and the Bounties with­ bounties. held in consequence. I trust the annexed will be satisfactory and that, on receipt thereof, you will direct payment to be made to Messrs. Gilchrist and Alexander. I hope by this time you have settled the Bounties due on the twenty four married Couples with their sixty four children, who embarked at Liverpool per Hope, in the settlement of which I regret to learn there has been some delay. Messrs. George Brown and Harrison of Liverpool acted as Agents for the above named Ships. I am, &c, FBAXCIS REID. [Sub-enclosure D.] MR. F. RED TO MESSRS. GILCHRIST AND ALEXANDER. Instructions Gentlemen, Glasgow, 26th Oct., 1841. to agents re I beg to advise you that the Ship " Sir Charles Napier " is now about to bounties. Sail from Liverpool for your Port, with Emigrants selected' and forwarded on the Bounty Order held by me from the Colonial Secretary for New South Wales, of which I enclose you a copy, and also a Letter addressed to the said Secretary, empowering you to receive the Bounty due on landing the Emigrants ; and I request you will remit the amount to Messrs. George Brown and Harrison of Liverpool or otherwise should they so direct; and that, in all other matters connected with this Ship, you will be guided by the instructions you will receive from these Gentlemen. I am, &c, FBANCIS REID. SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 82, per ship Talent.) 28 May. My Lord, Government House, 28th May, 1843. Transmission With reference to the Despatch No. 4, which was addressed of return re to your Lordship on the 13th March last by the Colonial Secre­ intestate estates at tary during my absence at Norfolk Island, I have the honor to Port Phillip. forward herewith a Eeturn from Port Phillip of all monies be­ longing to the Estates of deceased Intestates, placed under the charge of the Deputy Registrar of the Supreme Court at Port Phillip for collection, and remaining deposited in the Savings Bank at Melbourne on the 31st December, 1842. Should the Eeturn forwarded by the Colonial Secretary have been, agreeably to the desire of the Judges, published in the London Gazette, I would beg to submit to your Lordship the pro­ priety of also publishing the present Return. I have, &c, GEO. GIPPS. [Enclosure.] [A copy of this return will be found in a volume in series III.J STANLEY TO GIPPS. 759

LORD STANLEY TO SIR GEORGE GIPPS. X843. (Despatch No. 80, per ship Clara; acknowledged by Sir George Gipps, loth November, 1843.) Sir, Downing Street, 29th May, 1843. I have received from Captain Lewis, 80th Eegiment, a Request by communication, dated Melbourne, the lst of November last, appointment at bringing under my consideration his Claim to a Civil appoint- Moreton bay. ment in the New Settlement at Moreton Bay. As this communication has been sent to me from the Colony by Captain Lewis and has not been forwarded through you, I have to direct that you will call upon him for a Copy of it and that you will transmit that Copy to me with any observations upon it which you may have to offer. I take this opportunity of calling your attention to the fact Report that I have as yet received no detailed report of the proposed Il^iJhment Establishment at the New Settlement of Moreton Bay. at Moreton bay. I have, &c, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 81, per ship Clara.) Sir, Downing Street, 30th May, 1843. 30 May- I have received your Dispatches Nos. 174 and 175 of the acknowledged 21st and 22nd of September last, the former reporting the refusal re refusal of

of Bounties on the whole of the Emigrants introduced by Mr. jin™grants Forsyth in the " Earl of Durham," the other enclosing the com- ^"P^aW plaint of the Agent of the Ship owners of the refusal of those Bounties. I have also received a representation from Mr. G. Willis, the Owner of the " Earl of Durham," of which I enclose a Copy. Having referred the whole case for the consideration of the Colonial Land and Emigration Commissioners, I transmit to Papers you a-Copy of their Eeport, accompanied by a Copy of a further explanation which they had obtained from Messrs. Carter and Bonus on the subject. I concur in the view taken by the Commissioners, and I have accordingly authorized the Colonial Agent General to pay to Payment of „ -rr. , , -i -i -i • , i bounties Mr. Willis the sum of Eight hundred and sixty one pounds, authorised. being the amount of Bounties" due on the Emigrants who were admitted in the Colony to have been eligible. At the same time, I have not felt myself justified in admitting the claim put for­ ward to interest on the amount. T have, &c, STANLEY. 760 HISTORICAL RECORDS OP AUSTRALIA.

1843. [Enclosure No. 1.] 30 May. MR. G. WILLIS TO LORD STANLEY. My Lord, Scarbora, 4th March, 1843. I take the liberty of submitting to your Lordship the enclosed Copy of a Letter, dated Sydney, 20th August, 1842, from the Colo­ nial Secretary of New South Wales to my Agent there, refusing payment of Bounties on the introduction of Immigrants into the Colony by my Ship the " Earl of Durham." The decision of His Excellency the Governor being evidently founded on a misapprehension of the authority granted by Lord John Russell with reference te the Immigrants in question, I re­ spectfully beg to call your Lordship's attention to the transaction as it occurred in this Country. Mr. William Forsyth, a Native of Scotland and Settler in New South Wales, having come home on a visit to his friends in the Summer of 1841, brought an authority from the Governor for the importation of 20 Labourers and their families under the regula­ tions of the Colonial Bounty, dated 3rd March, 1840, with the bona fide intention of engaging that number of persons in Scotland for his own service in the Colony, and taking them out in the same Ship in which he proposed returning in the end of the year. On 31st July, 1841, a Notice was issued by the Colonial Land and Emigration Commissioners under the authority of the Secre­ tary of State, suspending Emigration under Bounty Orders to New South Wales after the lst November following, in consequence of which Mr. Forsyth addressed a Letter to the Commissioners, dated 2nd August, setting forth the inconvenience to which the suspension would subject him, and requesting that it might be relaxed in his favour. This application having been referred to the Colonial Office by the Commissioners' Letter of 4th August, 1841, was granted by Lord John Russell, and communicated by Mr. Stephen's Letter to the Commissioners,, dated 18th of that Month; and I beg reference to the 3 Letters in question, which have appeared in Parliamentary paper No. 10 ordered by the House of Commons to be printed 6th Sept., 1841. Your Lordship will observe that it is nowhere stated by Mr. Forsyth, as assumed in the Colonial Secretary's Letter, " that these Emigrants were engaged for his own service"; also that such engagement was not a condition either of the original authority granted at Sydney or of the special permission granted by the Secretary of State. On the contrary, it is expressly stipulated in the latter, in accordance with the recommendation of the Land and Emigration Commissioners, that the Emigrants should not sail earlier than the 1st January in order that they might form part of the general Bounty Emigration then expected to take place in 1842. I may further remark that, requiring the Emigrants to be under engagement to a particular Service, as a condition to free passages being granted to them, would have been in direct opposi­ tion to the known policy of Lord John Russell, who in the case of Bounty Emigration to Van Diemen's Land abolished a similar regulation which had been established by the Government of that Colony. If therefore it were the fact, as stated in the Colonial Secre­ tary's Letter, that the Emigrants in question were " sent out by Messrs. Carter and Bonus precisely in the way of their ordinary STANLEY TO GIPPS. 761

business," I respectfully submit to your Lordship that there would 1843. be nothing in the transaction to relieve the Governor of New so May. South Wales from his obligation to pay for the introduction of complaint bv these Immigrants. G. Willis re I am not willing however to rest my claim on that single position, ^^S of because I infer that the Governor's refusal to pay is in reality immigrant's founded upon a suspicion that the special permission granted by per ship Ean Lord John Russell was obtained under false pretences, and that the °f Durham. grounds of Mr. Forsyth's application, as set out in his Letter of 2nd August, were not stated in good faith but with a view of deceiving the Government at home; and, in order to remove such an impression, I respectfully solicit your Lordship's attention to the following narration of the facts of the case. Mr. Forsyth applied to me through my London Agents, Messrs. Carter and Bonus, to provide accommodation in the " Earl of Dur­ ham " to Sydney for 20 families of Emigrants, and to receive in payment for their passage the Bounty Money allowed by the Colo­ nial Government; he stated that he should sail himself in the "Honduras" about the end of November, and that his brother Mr. David Forsyth of Ballachraggan and his friend Mr. Robert Urquhart of Torres had undertaken to engage the Emigrants for him, and would have them in London ready to embark in the first Week of January. I was willing to enter into this arrangement provided Mr. Forsyth would give me an undertaking to pay the pas­ sage money of such portion of the stipulated number of Emigrants as might fail to embark; but I declined to incur tbe expense of preparing for them and reserving their Berths in the Ship without a guarantee of the number being procured, as I knew how great the uncertainty was of that class of Emigrants fulfilling the engage­ ments they might make. At length an agreement was made that ~ Mr. Forsyth's friends should be allowed until the 31st Deer, to declare whether they would undertake for the entire number of 20 families or any smaller number, and that after that date my Agents should be at liberty to engage those required to complete the order under the Bounty regulations, and that the ship should be delayed a sufficient time for that purpose. Mr. D. Forsyth and Mr. Urquhart took great pains and employed parties in Neighbouring Districts to engage Labourers for the service of Mr. W. Forsyth; but, on account of the Season of the year, the expense of conveyance from the North of Scotland and other difficulties which intervened, they did not succeed. Mr. D. Forsyth wrote on 31st Deer, that he did not calculate on sending more than 6 or 8 families altogether; on the 15th Janu­ ary Mr. Urquhart wrote that the number was reduced to two; and on 26th January that the two had disappointed him, in the one •case from illness and in the other from want of means to remove the family. It was under these eirciunstances, and not until after 4th Jany* that Messrs. Carter and Bonus commenced engaging the Emigrants required tofill the berths reserved in the ship for Mr. Forsyth, and forwarded their Certificates as they came to hand to the Land and Emigration Commissioners for approval. It must have been quite evident to them, from the residences and occu­ pations of many of the Emigrants, that they were not going out under engagement for the service of Mr. Forsyth; and, if there had been any understanding that the Emigrants taken out under Mr. Forsyth's authority were to be confined to persons so 762 HISTORICAL RECORDS OP AUSTRALIA.

1843. circumstanced, the Commissioners could not have given their ap­ 30 May. proval to the Certificates which they however did, and the pas­ Complaint by sengers were embarked under the inspection of their Agent, Lieu­ Cl. Willis re tenant Lean. refusal of bounties on The expenses of the passage of these Emigrants were incurred immigrants by me more than 12 Months since; and it is a great inconvenience per ship Earl that the amount has not been reimbursed before this time. I trust of Durham. that your Lordship will be pleased to take immediate steps, by which I may obtain payment of the Bounties due to me by the Gov­ ernment of New South Wales with the least possible delay, to­ gether with interest from the date at which the Immigrants were landed at Sydney. I have, &c, GEORGE WILLIS. [Sub-enclosure.] COLONIAL •SECBETABY THOMSON TO MB. T, GOBE, Refusal to Sir, Colonial Secretary's Office, Sydney, 20th August, 1842. pay bounties I am directed by His Excellency the Governor to inform you that it has been on immigrants reported by the Emigration Board, in a Letter dated 29th July last, that Bounties per ship Earl are claimed by you as Agent for Mr. Forsyth, on sixty nine persons alleged to have of Durham. been brought to this Colony under a special permission from the Secretary of State, granted in consequence of an application made by Mr. Forsyth in England to the Land and Emigration Commissioners under date of the 2d August, 1S41. Of this application, as well as of the communication respecting it, which have been received by the Governor from the Secretary of State, I am directed to enclose Copies, and to observe to you that you cannot fail to perceive that the representa­ tions, by means of which Mr. Forsyth obtained permission to bring out a certain number of Emigrants, are not at all borne out by the circumstances under which the Emigrants by the " Earl of Durham " have been imported, and that therefore it is quite out of His Excellency's power to pay Bounties on them. * Mr. Forsyth obtained a preference over other persons equally with himself having claims on the local Government, by representing that these Emigrants were engaged for his own service, and that he not only had employment for them, but that he would suffer loss and inconvenience if not allowed to bring them out; whereas the Emigrants appear to have been sent out by Messrs. Carter and Bonus precisely in the way of their ordinary business, and the Emigrants have been dispersed over the Country and left to find employment for themselves, like ordinary Bounty Emigrants. I am directed further to remark to you that, amongst the unmarried Emigrants on whom Bounty is claimed, there is one person Maria Hinkesman so clearly in­ eligible for Bounty that it is difficult to look upon her except as an unjustifiable . attempt to obtain Bounties contrary to the intention and spirit of the Regulations. This person, who was passed before the Board as a Servant of all work, is con­ fessedly a Music Mistress and has already advertized to give Concerts in Sydney. I have, &c, E. DEAS THOMSON. [Enclosure No. 2.] Report on LAND AND EMIGRATION COMMISSIONERS TO UNDER SECRETARY complaint of STEPHEN. G. Willis re refusal of Colonial Land and Emigration Office, bounties on Sir, 9 Park Street, Westminster, 6th May, 1S43. immigrants We beg leave to refer to your two letters of the 25th Ulto. per ship Earl the one enclosing the Despatches from Sir George Gipps named in of Durham. the margin* reporting the refusal of Bounties on the whole of Mr. Forsyth's Immigrants by the " Earl of Durham," the other enclosing the Ship Owner's complaint of that refusal. Having since made enquiry of Messrs. Carter and Bonus on some parts of the case on which we thought that further evidence would be proper, we* Marginalannex note.—their Norepl. 174y ,date 21 Sept.d th, 1842e 2d; NoInstant. 175, 2;2 Septand. we now have the honor to submit the following Report for Lord Stanley's consideration:—• Mr. Forsyth, a Settler in New South Wales, came to England in the Summer of 1841, and had provided himself before leaving the STANLEY TO GIPPS. 763

Colony with a permission to import Twenty Labourers with their 1843. families. Shortly after his arrival, notice appeared in the Gazette 30May. that no further exportation of Emigrants on Bounty was to take Report 0n place in 1841 after the lst November, and that persons, who might complaint of wish to send such Emigrants in the ensuing year, must produce G. Willis re their Orders at this office by the lst of March, 1842. Mr. Forsyth ^Xson thereupon represented that he had made all his arrangements for immigrants taking his own departure at the end of the current Year; that, if P?UshiPEarl he sent out any Emigrants before the lst of November, they would °> ur am' arrive before he could have any Employment for them; and that, if he sent them after the lst of March, 1842, they would he too late for his purpose; and consequently that, unless some relaxation were made, he would lose the whole benefit of the permission given him by the Governor. This, we must observe, was almost a solitary instance of a bona fide settler's applying to take out Labourers on his own behalf, according to the original intention of Emigration on Bounty. We felt bound to recommend it to favorable notice, and Lord John Russell assented to the application. But, in order not to produce thereby any addition to the expence of the Emigration of 1841, a condition was added that the People were not to be sent until after the lst of January, 1842. Mr. Forsyth proceeded to the Colony, as he had said he would do, towards the end of the Year. He therefore delegated to his brother, and a friend in Scotland, the collection of his Emigrants to sail after the permitted date; and he left behind him an Agreement for their conveyance. But, knowing the difficulty with which private parties obtained Emigrants, the Ship Owner demanded some security that he should not be disappointed of the numbers for whom he was to provide; and it seems to have been settled that, if by the 31st of December Mr. Forsyth's friends had failed to procure a sufficient number of Emigrants, they were to be obtained by the Shipowner's Agents, who were accustomed to the business. Mr. Forsyth's friends, it would appear, did exert themselves to procure Emigrants, but, as so often happens in such cases, obtained only a few, and by those few were disappointed towards the end of January, so that the Owner then employed his own Agents, and soon collected the proper numbers of eligible People. These facts respecting the steps pursued for the collection and conveyance of the Emigrants are taken from Mr. Willis's letter. They are corroborated by the further communication which we annex from Messrs. Carter and Bonus, of which the several Enclo­ sures, consisting of Letters from Mr. Forsyth and his friends, have been inspected by Us in original. All the Emigrants except one female of too high a class are admitted to have been entirely unobjectionable. But, on their arrival, Sir George Gipps refused payment of Bounties on the whole upon the ground, as stated to the parties, that Mr. Forsyth had gained a preference over others by representing that these Emigrants were engaged for his own service, whereas they had in fact been sent out by Messrs. Carter and Bonus in the ordinary course of their business, and, instead of being sought for by Mr. Forsyth on landing and taken into his service, found employment casually like any other Emigrants. The real point no doubt which must be supposed to have weighed with the Colonial Government is, as remarked in Mr. Willis's 764 HISTORICAL RECORDS OP AUSTRALIA.

1843. Letter, an impression that Mr. Forsyth had made his original re­ 30 May. quest not in good faith, but with a view of deceiving the Govern­ Report on ment. On this subject, we would observe,first tha t the application complaint of in question was made early in August, 1841, at a period when nearly G. Willis re refusal of three months were still open to all parties to send as many thou­ bounties on sand Emigrants as they pleased, and when also it was generally immigrants taken for granted that the Bounty Emigration would be recom­ per ship Earl menced in the following Spring. of Durham. It was not an application to send out a certain number of Emi­ grants who could not otherwise proceed, but a mere request for an accommodation in point of time respecting a party of people, whom it was quite competent to the Party to send at a less convenient period. We see no ground therefore for supposing that, in asking for indulgence under such circumstances, Mr. Forsyth had any wish to pass deception on the Government for the sake of the con­ veyance of a party of Twenty Emigrants and their Families. We admit that there was some modification afterwards in the intention originally expressed by Mr. Forsyth; but we think that the facts, we have mentioned, show that it arose naturally out of a restriction imposed by the Government itself, and out of the course of subsequent events; and we should consider the enclosed Docu­ ments to furnish complete evidence that Mr. Forsyth was acting bonafide throughou t the transaction. It is distinctly affirmed by the Messrs. Carter and Bonus that he was to receive no profit out of the Bounties, directly or indirectly. And the letters from his Brother prove that to the last he had wished his friends in England to find Emigrants for him and that, had they succeeded, those Emigrants were to be referred to parties whom he named in the Colony for directions how to act. Recommenda­ We have the honor to report, therefore, that we do not see any tion for pay­ sufficient reason why the parties in this case should be subjected ment of bounties. to a loss of upwards of £SO0 for the introduction of a confessedly useful body of Labourers. The case, we observe, is one in which the faith was pledged not of the Colonial Government, but of the Government at Home. Aud, while we cannot support Mr. Willis's application for interest, we feel called upon to recommend that the sum of £861, being the amount of Bounties, for which the Emigrants were admitted in the Colony to have been eligible, should be paid to the Claimant at once in this Country from any available Funds belonging to New South Wales. There can be no doubt that Maria Hincksman was above the class of personsfit to receive a free passage. We have instituted enquiries into the circumstances under which she was admitted as a Bounty Emigrant, and it will he our duty on a future occasion to report the result. We have> &c^ Statement by T. FREDK. ELLIOT. Carter and Bonus re EDWD. E. VILLIEBS. immigrants [Sub-enclosure No. 1.] per ship Earl MESSES. CARTER AND BONUS TO MB. S. WALCOTT. of Durham. Sir, No. 11 Leadenhall Street, 20 May, 1843. In reply to your Enquiries on the subject of the application addressed by Mr. Geo. Willis to Lord Stanley on the 4th March last, -we beg to state that, in the arrangement negociated by Us between Mr. Willis and Mr. William Forsyth of Sydney for the conveyance of 20 Labourers and their families by the Ship " Earl of Durham" to New South Wales, we were distinctly assured by the latter gentleman and his brother, Mr. David Forsyth, who was in London with him, that measures STANLEY TO GIPPS. 765 were already in progress for engaging the entire number of labourers above stated 1843. for Mr. Forsyth's service ; and we are satisfied that he fully expected to succeed in 30 May. that object, because he had no other inducement whatever for persisting in carrying into effect the authority he had received from the Colonial Government, and did Statement by not stipulate for any advantage to himself, directly or indirectly, from the Bounty, Carter and the whole of which was agreed to be received by Mr. Willis for the passage of the Bonus rr. Emigrants. immigrants We had furnished Mr. William Forsyth, before he came to London, with a number per ship Earl of the printed forms of Certificates for Emigrants, the receipt of which is acknow- of Durham. ledged in his letter of 6th Octr., 1841, which we enclose ; and we gave a further supply of those forms to his brother when here. Not having received any of the Certificates back from Mr. D. Forsyth down to the 28th December, and the Ship being advertized to sail in January, we became very anxious respecting the numbers being filled up, and wrote to Mr. Forsyth on that day, urging him to send forward the certificates as soon as they were ready, and requesting to be informed whether we might rely on the whole number of Emi­ grants being furnished by him, or if it would be necessary for us to select any to complete his brother's grant; and we hand you herewith his reply, dated 31st Decem­ ber, 1841, together with two Letters from Mr. R. Urquhart of Torres, dated 15th and 26th January, 1842. We did not issue a Certificate for an Emigrant to supply the place of Mr. Forsyth's labourers until after the receipt on the 4th Jany. of his brother's letter of 31st Deer., and we found it necessary to postpone the Sailing of the Ship until the 10th of February in order that we might have time to get them collected. We are, &c, CARTER and BONUS. [Sub-enclosure No. 2.] ME. W. FOBSYTH TO MESSES. CABTEE AND BONUS. Passage Gentlemen, Ballachraggan, Hiness, Ross shire, 6 Oct., 1841. required by I am much obliged to you for the forms for Emigrants, which you lately W. Forsyth. sent me. I will return them as soon as they are filled up. I intend myself to sail from London for Sydney about the 20th November, if I can obtain a Vessel; and, if you have any that will sail about that time, I should be glad to obtain a passage in her. Will you be good enough to give me the necessary information regarding the accommodation terms, etca. If you have no Vessel of your own sailing about the time I want to leave, perhaps you would be kind enough to point out one, in which I could procure a passage. I am, &c, WILLIAM FORSYTH. [Sub-enclosure No. 3.] ME. D. FORSYTH TO MESSES. CABTEE AND BONUS. Gentlemen, Ballachraggan, 31st Deer., 1841. I am in receipt of yours of the 28th instant, and am sorry I cannot give you Difficulty in more satisfactory information with respect to the progress I have made in engaging procuring Emigrants for my brother; many of the people here are wishful to emigrate, but emigrants. are unable to pay their expences to the place of embarkation ; consequently I have engaged none here, but I understand a few have been engaged in Morayshire ; but I do not think more than six or eight families altogether will be got to accept my brother's terms. I have desired Mr. R. Urquhart, Torres (the person who engaged those few) to write to you by to-morrow's Post and give you the number engaged, and likely to be got from that Quarter. There is a Smack to sail from Inverness about the middle of January, by which I intend sending up the Emigrants; but, should I think of sending them by any other conveyance, I shall let you know. In order to get the printed forms of applicationfilled up , I shall offer a free passage to any eligible person who may be willing to emigrate without binding them to any service to my Brother, so that the grant may not be lost. I am, &c, Progress of DAVID FORSYTH. R. Urquhart [Sub-enclosure No. 4.] in procuring MB. R. URQUHART TO MESSES. CABTEE AND BONUS. emigrants. Gentlemen, Torres, 15th January, 1842. I duly received your favor of the 4th, and Mr. Forsyth has communicated your letter to him of same date, and his reply. The man referred to by Mr. D. Forsyth as having signed the engagement has a Family, but I understand they do not proceed to the Colony at present. I enclose certificates of a family from Fort William (Cameron) who really intend and are most anxious to go out in the " Earl of Durham," but their being enabled 766 HISTORICAL RECORDS OF AUSTRALIA,

to do so depends on advance of sum of £15, a Sum which Mr. D. Forsyth says he 30 May. does not feel at liberty to grant on his Brother's Account. Cameron expects the advance from another quarter; and, if he succeed, you Progress of shall be immediately advised; but, in such an uncertainty, the berths must, as R. Urquhart intimated in Mr. D. Forsyth's letter, be considered at your disposal in the meantime in procuring or until we advise you tbat the Parties are ready to proceed, if then you should emigrants. have room for them. I am, &c, ROBERT URQT/HART. [Sub-enclosure No. 5.] MR. R. UEQUHABT TO MESSES. CABTEE AND BONUS. Withdrawal Gentlemen, Torres, 26th Jany., 1842. of emigrant. I was favored with your's of the 20th, but delayed acknowledging it earlier in expectation of some communication to day. Now One has reached me from Cameron, and Ifind the man, formerly referred to as having signed an Agreement, is so unwell at present that it would be imprudent to attempt the voyage in the " Earl of Durham." I am, &c, ROBT. URQUHART. [Sub-enclosure No. 6.] MR. D. FOBSYTH TO MESSES. CABTEE AND BONUS. Failure of Gentlemen, Ballachraggan, 3d May, 1843. D. Forsyth I duly received your's of the 29th Ulto., and in reply beg to say that, before to procure my Brother left London in December, 1841, he asked me to engage for him in the emigrants. North 20 Emigrants or Families of a certain description, and- get them forwarded to London in time to go by the " Earl of Durham," whieh was advertised to sail from London for Sydney on the 31st January, 1842. This I endeavoured to do, but without success. I found many willing and anxious to emigrate but could not leave the Country without an advance of money to pay their expences to London, and to purchase a few necessaries required on board of Ship, which I had no authority to give. In the event of my not getting all or any of the 20 families to go out as Servants to him, he desired me to give you notice in time that you might get the Berths filled up with Emigrants from England, which I did about the middle of January, 1842. About the end of the same month, I wrote to my brother informing him that I had failed in procuring for him any Servants. Had I succeeded in engaging any Emigrants for him, I was to give the most intelligent one of tbem the charge of the others, and on the landing at Sydney he was to call at the .Office of Messrs. William Walker and Co. where he was to receive instructions how to proceed. I am, &c., DAVID FORSYTH. LORD STANLEY TO SIR GEORGE GIPPS. (A private despatch, per ship Clara; acknowledged by Sir George Gipps, 17th November, 1843.) 2 June. Sir, Downing Street, 2 June, 1843. Transmission I enclose the Copy of a Letter which. I have received from of letter from Mr. Swanston one of Her Majesty's Counsel, on the subject of H. T. Swanston. a young Lady, named Augusta Maddock, residing at Sydney, under the care of her brother-in-law and her Sister, Dr. and Mrs. Litchfield. I am totally unacquainted with the parties, to whom Mr. Swan­ ston refers, who is himself known to me by reputation only as a Barrister of eminence in the Court of Chancery here. The sub­ ject, to which he refers, is not one in which it would be fitting that either you or I should interfere officially. Yet I am un­ willing to omit any attempt which it is in my power to make to assist the young Lady, respecting whom Mr. Swanston writes, for his character may be considered as a sufficient pledge for the truth of his statements; and she is not without a claim on this STANLEY TO GIPPS. 767

Department, which it is right for me to recognize. Her father o1/43' died in the West Indies in the immediate service of one of my Predecessors in Office; and was, I understand, a meritorious Public Officer. I therefore recommend the case to you merely on the ground Recommenda- of charity towards a person who would seem to stand much in assistance for need of it. The charity she requires is not pecuniary relief, but A- Maddock. good counsel, assistance, and protection in effecting her return home. I have no doubt that Mr. Plunkett would have the kind­ ness to interest himself on this subject, and to do what can be done for Miss Maddock's defence against the malpractices by which she is said to be menaced, if you would privately com­ municate this Letter to him, and apprize him that the communi­ cation was made by my desire. This, however, is a subject on which I cannot advance beyond this general suggestion. If you should find it impracticable or inexpedient to interfere; or if your interference should be likely to expose you to any serious personal inconvenience; or if it would in the slightest degree clash with your regular administra­ tion and course of Justice, you will of course not take any mea­ sure on the subject, nor invite Mr. Plunkett to do so. I have, &o, STANLEY. [Enclosure.] MR. H. T. SWANSTON TO LORD STANLEY. My Lord, 51 Chancery Lane, 20th May. 1843. I take the libertv of addressing your Lordship on behalf of Request for one of the daughters of the late Henry Maddock, Esqr., trusting ^^"of that the circumstances of the case will afford an apology for the A. Maddock. intrusion. Mr. Maddock, having gone to the West Indies as one of the Com­ missioners of Colonial Inquiry, died there in the year 1*23. leaving a Widow now deceased and six children with a very inadequate pro­ vision. One of the daughters married Dr. Litchfield, who in 1S3S went to South Australia with a view of establishing himself in Medical practice. lie was accompanied hy his Wife and her youngest sister Augusta, then a Minor and unhappily of imbecile mind. Miss Augusta Maddock had previously resided with Dr. and Mrs. Litchfield and they proposed to take her with them in the expectation that after a few years they might all return to this Countrv;. the little fortune of Augusta, which amounted then to about £400, remaining to be accumulated for her benefit. With this view a sum of about £00, arising from contributions which had been placed in the hands of the late Lord Henley. Mr. P.asil Montagu and myself bv friends of Mr. Maddock for the relief of the family, was paid to'Dr. Litchfield towards the expences of the voyage. Dr Litchfield has been unsuccessful, and he is now residing at Sydney in New South Wales with his Wife and her sister Augusta in circumstances of pecuniary distress. Two Bills of Exchange have been drawn upon Mr. Montagu and me by Dr. Litchfield for 768 HISTORICAL RECORDS OP AUSTRALIA. 1843. 2 June. the reimbursement of expences incurred, as he states, on account Request for of Augusta; but these we have of course, declined to honor. It assistance appears that Miss Augusta Maddock who has attained the age of in case of A. Maddock. 21 years but remains in a state of imbecility, has been induced to affix her signature to a Bill of Exchange in favor of Dr. Litchfield for £30 drawn on Mr. Montagu and me, and this also we declined to accept by reason of her incompetence; but to prevent any in­ convenience to which she might be exposed if the Bill were returned dishonored, the amount has been advanced and the bill taken out of the hands of the holder. The failure of the expectations which induced the friends of Miss Augusta Maddock to assent to her going abroad, and the precarious health of her sister Mrs. Litch­ field, render them anxious for her return to London, where she will now be placed under the care of her brother Alfred Maddock, a Medical practitioner in Judd Street, Brunswick Square. The funds in the hands of Mr. Montagu and me will enable us to provide for her subsistence on a very humble scale, and we are prepared to defray the necessary expences of her passage to this Country. The sanction of persons in authority in the Colony may be most important for removing any obstacle to her departure, and ensuring her safe return. Arrangements have been made for her passage home by the Merchant ship the Persian, Captain Oppenheim, which is expected to sail in Novr. or Deer, next, and on board of which she will be under proper female protection. I have ventured on this detail in the hope that, should the course which is proposed be approved, Your Lordship may be pleased to secure for the unhappy -young lady whatever official protection may befitly afforded to her. I have. &e. LORD STANLEY TO SIR GEORGE GIPPS. H. T. SWANSTON. (Despatch No. 82, per ship Clara; acknowledged by Sir George Gipps, 19th November, 1843.) 3 June. Sir, Downing Street, 3 June, 1843. Advance to The Lords Commissioners of the Treasury having inti­ agent general. mated to me that they have directed an advance of £1,200 to be made to Mr. Barnard the Agent General for New South Wales for the service of that Colony, I have to desire that you will cause.that sum to be repaid without delay into the Commissariat Chest. I have, &e, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 83, per ship Clara.) 4 June. Sir, Downing Street, 4 June, 1843. Memorial I have received your Despatch No. 210 of the 8th of No­ received from vember last, with the Memorial therein enclosed from Mr. R. Blackwell. Richard Blackwell, praying that compensation may be awarded to him for an allotment of Land which he claimed in the Town of Liverpool, but which he failed to obtain. STANLEY TO GIPPS. 769

Having fully considered that claim, I agree with you in opinion 1843. that this is a mere case of a purchase made on a bad title from une' a private Individual, and that it is a transaction in which there Refusai of com- . ? -, . . ,...,. nensation for is no reason lor making any compensation to the injured parties R. Blackwell. from the Public Revenue. , I have &c. STANLEY.

SIR GEORGE GIPPS TO LORD STANLEY. (Despatch No. 85, per ship Talent; acknowledged by lord Stanley, 13th December, 1843.) My Lord, Government House, 4th June, 1843. I have the honor to request your Lordship's permission to Proposed letters issue Letters of Denization, under the Local Act of this Colony, Q. p/soning. °* 9th Geo. IV, No. 6, to Mr. C. F. Soiling, a Native of Denmark, who has settled with his family in the District of Brisbane Water in this Colony. I enclose a copy of the application which has been addressed to me by Mr. Soiling; and I beg to state that I consider him quite eligible for the privilege which he now solicits from Your Lordship. I have, &c, GEO. GIPPS. [Enclosure.] MR. C. F. SOLLING TO COLONIAL SECRETARY THOMSON. Sir, Yambo, 22nd May, 1843. Intending to settle permanently in this Colony, I have the Request for honor to request that you will acquaint the Governor with my wish letters of to obtain letters of Denization, and that His Excellency will forward demzatlon' my communication in the customary manner. I beg leave to state that I am a native of Denmark, and am settled in the District of Brisbane Water, County of Northumber­ land. I have, &c, C. P. SOLLING.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch marked " Separate," per ship Clara.) Sir, Downing Street, 5 June, 1843. 5 June. I have received your despatch No. 238 of the 20th of Despatch c TCdre December last, with its various enclosures relative to the circum- (? w stances, which led to the removal of Mr. C. W. Sievewright from Sievewright. the Office of Assistant Protector of Aborigines. I should wish, if possible to avoid pursuing this affair further, as it is not of a

character fit for public investigation. j ^ave, &e_; STANLEY.

SER. I. VOL. XXII—3 C 770 HISTORICAL RECORDS OP AUSTRALIA

1843. SIR GEORGE GIPPS TO LORD STANLEY. (S J une. (Despatch No. 80, per ship Talent; acknowledged by- lord Stanley, 13th December, 1843.) My Lord, Government House, 6th June, 1848. Proposed I have the honor to request your Lordship's permission to letters of denization for issue letters of Denization, under the Local Act of this Colony, G. Peterson. 9th Geo. IV, No. 6, to Mr. G. Peterson, a Native of Germany, who emigrated to this Colony in the year 1825. I enclose a copy of the application which has been addressed to me by Mr. Peterson, wherein he states that he is possessed of considerable property, that he is married to an Englishwoman, by whom he has several children; and that his intention is not to quit the Colony of New South Wales. j have &c

GEO. GIPPS. [Enclosure.] MR. G. PETEKSON TO COLONIAL SECRETARY THOMSON. Sir, George Street, Sydney, 26th May, 1843. Request for Being desirous of obtaining Letters of Denization from Her letters of Majesty the Queen, I have the honor to request that you will lay denization. before His Excellency the Governor the following statement of my claims for the same, and that His Excellency will be pleased to for­ ward this my application to Her Majesty's Secretary of State for the Colonies. With this view, I beg therefore to inform you that I was Born at Jubeck in Germany of German parents in the year 1806. That I emigrated to this Colony in the year 1825, and have been carry­ ing on business in this Colony as a painter and Glazier, and at one time as a Ship owner, ever since that time, with the exception of an interval of about Seven years, during which time I was trading between this Colony and the British Colonies of the Mauritius and the Cape of Good Hope. That, during the time I have been in the Colony, I have purchased Land in various parts in and about Syd­ ney, and have expended very large sums of money in erecting buildings thereon and improving the same. That, since my arrival in the Colony, I have married an Englishwoman one of Her Ma­ jesty's Subjects, by whom I have several Children. That 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 benefit of my Children, of becoming a denizen and a Subject of Her Majesty, conceiving that these my claims will be deemed sufficient for the. Granting of Letters of Denization to me. I have, &e, SIR GEORGE GIPPS TO LORD STANLEY. G. PETERSON. (Despatch No. 87, per ship Talent.) 9 June. My Lord, Government House, 9th June, 1843. I had the honor to receive on the 5th instant the Duplicate of your Lordship's Despatch, No. 201 of the 25th October, 1842, STANLEY TO GIPPS. 771 with which were transmitted to me copies of a correspondence 1843. between the Colonial Department, the Horse Guards, and the r S Board of Ordnance, respecting an application from Lieut. Co mpa nies°of General Sir Maurice O'Connell for two Companies of Artillery artillel'y' to be added to his Command; and wherein I was directed by Your Lordship to furnish a full explanation respecting the erec­ tion of certain works of Defence, which were stated to have been authorized by me at Pinchgut Island and Bradley's Head, in the Harbour of Port Jackson. In reply, I have the honor to report to your Lordship that the Authority for only authority, whieh I have ever given for the erection of Works works of of Defence in this Colony, was reported to the Secretary of State de ence' in my Despatch, No. 163 of the 21st October, 1840; and that, since I received Lord John Russell's answer to that Despatch (No. 290 of the 21st June, 1841), I have in no manner whatso­ ever interfered with the erection of Works of Defence in any part of the Colony. j have &c. GEO. GIPPS.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 87, per ship Andromeda.) Sir, Downing Street, 11 June, 1843. n June. I have to acknowledge the receipt of your Despatch No. Appointments 245 of the 31st of December last, in which you report having made the following Appointments in the Colony under your Government:— 1. Police Magistrate of Moreton Bay, Commander Wickham, Royal Navy. 2. Commissioner of Crown Lands for part of Moreton Bay, Stephen Simpson, Esquire, M.D. 3. Commissioner of Crown Lands for part of Moreton Bay, Christopher Rolleston, Esquire. 4. Commissioner of Crown Lands at Clarence River, Oliver Fry, Esq. 5. Commissioner of Crown Lands at Port Macquarie, Robert Massie, Esqr. I have to convey to you my approval of the appointments in question, subject to the expenditure being sanctioned by the Legislative Council under the powers transferred to that Body by the Act of Parliament of 5 and 6 Vict., Cap. 76. I have, &c, STANLEY. 772 HISTORICAL RECORDS OP AUSTRALIA.

1843. SIR GEORGE GIPPS TO LORD STANLEY. 11 June. (Despatch No. 88, per ship Talent.) My Lord, Government House, llth June, 1843. Report re I had the honor to receive on the 5th instant the Duplicate J. Herbert. of your Lordship's Despatch, No. 198 of the lTth October, 1842, wherein I am desired to furnish information respecting a person named John Herbert, who was transferred from the 28th Regt. of Foot to the Mounted Police of this Colony. In reply, I have the honor to report to Your Lordship that John Herbert is a Corporal, with the rank of Lance Serjeant in the Mounted Police; and that he is stationed at the Lachlan River in the Bathurst District of this Colony. I have, &c, GEO. GIPPS.

LORD STANLEY TO SIR GEORGE GIPPS. (A circular despatch, per ship Andromeda.) 12 June. Sii Downing Street, 12th June, 1843. Transmission With reference to Lord J. Russell's Despatch of 4th Sep­ of reports of tember, 1840, I have the honor to transmit to you, herewith, cases tried by privy council. 5 Copies of the 2nd Volume of Reports of the cases heard before the Judicial Committee of the Privy Council, in continuation of the series of Reports, which accompanied Lord J. Russell's Des­ patch above referred to. I have to desire that you will deliver this Volume to the same Officers in the Colony under your Government, as received the previous Volume; and that you will obtain from the Colonial Revenue, and remit to Mr. Peter Smith, the Chief Clerk of this Office, the Sum of Seven pounds 17s. 6d. being the Price of the Work. I have, &e, STANLEY.

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 88, per ship Andromeda; acknowledged by Sir George Gipps, 17th December, 1843.) Sir, Downing Street, 12 June, 1843. Report In transmitting to you the enclosed copy of a letter from required re Major Lusby, I have to request that you will furnish me with W. Lusby. any information which you may be able to obtain respecting the fate of his son " William Lusby," who appears to have held the situation of Manager to John Browne, Esqr., of Macquarie Place, Patrick Plains. I have, &c, STANLEY. GIPPS TO STANLEY. 773

[Enclosure.] 1843. 12 June. MAJOR LUSBY TO LORD STANLEY My Lord, Great Grimsby. 25th May, 1843. In the year 1838, iny youngest Son, William Lusby, went out Request for to Sydney as a free Settler in East Australia, and became manager report re to John Brown, Esqr., of Macquarie Place, Patrick Plains, at one w- Lusby- of his stock stations on the Macintyre River, besides having Cattle of his own with other Property. It is only a few days since I received the melancholy Intelligence from Mr. Brown, that his stockman of the name of Slater and my Son had some words re­ specting the folding of the Cattle on the Evening of the 27th Octo­ ber last, when Slater kicked my son, who, having his fowling piece in his hand at the time, struck the Stockman with the Butt end of the Gun and it being loaded with Ball was unfortunately dis­ charged, the Ball passing through the body of my son. He lived until 12 O'Clock A.M. on the 28th October, and 'tis said a policeman attended and took a statement in writing before his Death, but neither the substance of which nor the number of the Policeman is mentioned, and I am far from being satisfied with the vagueness of the report until I have the statement or at least a copy of it. That should there have been any foul play, the offender may be brought to Justice. May I therefore beg the favor of your Lordship to order such •statement, and any other Information your Lordship may think requisite, to be procured and sent to me; and, if I should have been erroneously advised in making application to Your Lordship, I trust under the distressing occurrence your Lordship will not only excuse it, but will honor me with a line saying to what office and to whom I must apply for the Document and Information required. I have, &c, JOHN LTJSBY, SIR GEORGMajoE rGIPP Comman'S TO LORg GrimsbD STANLEYy Voluntee. r Inf'y. (Despatch No. 89, per ship Talent; acknowledged by lord Stanley, 12th January, 1844.) My Lord, Government House, 12th June, 1843. I have the honor to forward herewith a Petition, which Transmission has been addressed to Your Lordship by Mr. John Reeve, the fr0m J.Reeve. holder of a Special Survey at Corner Inlet, otherwise called Gipps' Land, complaining that, although he paid his money (£5,120) for his survey in April, 1841, and obtained his Deed of Grant for the same only in April, 1843, his claim for interest on the money, during the two years which elapsed, between the date of the payment of his money, and his legal possession of the Land, has not been admitted by this Government. In reporting on Mr. Reeve's ease, I feel it necessary to request your Lordship's attention to the concluding passage of my Des­ patch, No. 113 of the 14th May, 1841, wherein I remarked that 774 HISTORICAL RECORDS OP AUSTRALIA.

1843. the Regulations respecting special surveys, issued in England to­ 12 June. wards the close of 1840, had caused the District of Corner Inlet Effect of or Gipps' Land to he opened to location entirely without my con­ regulations currence, and that the effect of it would probably be to force the re special surveys. Government to form Police and other Establishments in the Dis­ trict, that is to say, to involve the Government in expense and trouble. I refer to this passage only as introductory to the subject, and not in answer to Mr. Reeve's complaint, it being incumbent (as Endeavours I am well aware) on me to shew, not that the system of Special to fulfil Surveys was calculated to involve this Government in difficulties, regulations. but to prove, that every exertion has been made by the Govern­ ment, which could in reason be expected of it, to expedite the measurement of the lands selected as Special Surveys by Mr- Reeve and others, and that I have thus redeemed, as far as in my power lay, the pledges which were made to these gentlemen by the authorities at home. Reports re It is with this view that I enclose two reports from Mr. delay in issue La Trobe, which have been called for, in consequence of Mr. of deed of grant to J. Reeve. Reeve's complaint; and, if they satisfy your Lordship, as I think they will, that the delay in the issue of the Deed of Grant to Mr. Reeve was occasioned by his having selected his land in a District wherein the Government had no establishments, and not by any fault of the Government, I shall gladly leave, in your Lordship's hands, the decision of the question, whether or not Mr. Reeve be entitled to the interest he claims, and which at ten per cent, (the rate which is meant I presume by Mr. Reeve's ex­ pression of "Colonial Interest") would amount to £1,024. Possession I have particularly, however, to draw your Lordship's atten­ obtained by tion to the fact that Mr. Reeve and his associates in the pur­ J. Reeve. chase, though not in what Mr. Reeve calls legal possession of the land, were in actual possession of it from an early period in 1841; Cause of delay. also that the delay in the measurement of the three special sur­ veys at Corner Inlet (for there were two selections in that Dis­ trict, in addition to that of Mr. Reeve) was, as shewn in Mr. La Trobe's report, in part occasioned by the objections urged by Mr. Reeve and the other holders of Special Surveys to the extent of the Government Reserve. Government Corner Inlet, being the probable seat of a future District Gov­ reserve at ernment similar to that of Melbourne, was a place at which, under Corner inlet. the strictest interpretation of the Regulations respecting Special Surveys issued in England, a Government Reserve was autho­ rized. The extent of that reserve was fixed (after thefirst surve y of the place) by the Executive Council, with the advice and as­ sistance of the Surveyor General; and the objections to it were, after mature deliberation, overruled by the Council. I enclose STANLEY TO GIPPS. 775 for your Lordship's information, a Copy of the proceedings of the 1843. Executive Council, under which the Government Reserve was fixed at Corner Inlet, and subsequently confirmed; also an Out­ line shewing the relative situations and extent of the Reserve, and two out of three of the Special Surveys. I must also draw your Lordship's attention to the Fact that, surveyor sent notwithstanding the great demands which were made in 1841 on t0 CaTner lnlet- the Surveyor General's Department for the service of New Zea­ land, then annexed to the Government of New South Wales, one of its best Officers (Mr. Townsend) was, according to the inten­ tion expressed in my Despatch of the 14th May, 1841, sent to Corner Inlet, on thefirst selectio n of a special Survey in the Dis­ trict; and a private Surveyor (Mr. Mainwaring Chitty) was engaged to accompany Mr. Townsend, though he failed to fulfil his engagement; and, after having occasioned to the Government a loss of upwards of £70, proceeded to Van Diemen's Land where he subsequently became Insolvent. As it appears to me not improbable that the case of Mr. Reeve may reach Your Lordship through a private channel, before this Despatch can arrive in England, I think it necessary, in order cause of delay to guard against the possible imputation of delay, to state that petition!111 lnS the Petition, addressed to your Lordship by Mr. Reeve, reached me on the 15th May; that the information necessary to enable me to report on it was immediately called for from the Sur­ veyor General; but, that Officer not being able to afford it, a reference became necessary to Mr. La Trobe, and that Mr. La Trobe's answer (Enclosure No. 3) reached me only on the 10th instant; also, that this Despatch, written on the day of which it bears date, will be forwarded to England by the first Vessel that may leave the Colony. I have, &e, GEO. GIPPS. [Enclosures.] [Copies of these papers will be found in a volume in series III.]

LORD STANLEY TO SIR GEORGE GIPPS. (Despatch No. 80, per ship Andromeda.) Sir, Downing Street, 13 June, 1843. 13 June. I have received your Despatch of the 31st December last Appointment of No. 246, reporting the appointment of Major Christie to the approved"8 office of Agent of the Church and School Estates, vacant by the resignation of Mr. Bloxsome. I have to convey to you my sanction of that appointment. I have, &c, STANLEY. HISTORICAL RECORDS OP AUSTRALIA.

1843. SIR GEORGE GIPPS TO LORD STANLEY. 13 June. (Despatch No. i)0, per ship Talent; acknowledged by lord Stanley, 26th January, 1844.) My Lord, Government House, 13 June, 1843, Dismissal of I am sorry to have to report to Your Lordship that I have E. Mayne. been under the necessity of removing Mr. Edward Mayne from the Office of Commissioner of Crown Lands in the District of Liverpool Plains in this Colony. Mr. Mayne (a Brother of the gentleman of the same name, who is a Commissioner of the Metropolitan Police in London) having been strongly recommended to my notice by Lord Glenelg, Lord Mulgrave, and the late Mr. Drummond (under secretary for Appointment Ireland), was, in 1838, appointed a Commissioner of Crown of E. Mayne as Lands in the District of Liverpool Plains, the one in which the commissioner of crown lands. Massacre of the Aborigines had then recently occurred, for which seven white men were executed, as reported in my Despatch No. 200 of Deer., 1838. For a time he did his duty much to my satisfaction; and indeed I thought it fortunate that I had secured for the Colony the ser­ vices of so able an Officer; but he subsequently engaged in specu­ lations, which I imagine distracted his attention from his duties, and certainly involved him in pecuniary difficulties. Irregularities in . The expenses of his District thenceforward became greatly in­ administration. creased, his accounts irregular, his conduct in numerous in­ stances was complained of, and his property taken in Execution by the sheriff. These irregularities alone were sufficient to call for his removal; the immediate cause, however, of my removing him was that it came to my knowledge, in the course of the last year, that he not only had a Cattle Station in his own District, which is contrary to orders, but that he had neglected to charge himself with the fee payable on a License to occupy Crown Land (£10 per annum) or to levy the Assessment on his own Stock, which is payable under the Crown Lands Act, 2nd Vict., No. 27. As Mr. Mayne has not appealed against the justice of his re­ moval, I do not consider it necessary to forward to your Lord­ ship any further particulars of his case. Necessity In my Despatch to Your Lordship of this day's date, No. 91, for reducing I have explained the necessity, I am under, of greatly reducing surveyor- general's the Surveyor General's Department, and of providing, as far as department. may be in my power, for the Officers whose services are no longer Appointment oi required in it; and I have further to report that I have conse­ W. H. Wright quently appointed an Officer of this Department, Mr. W. H. vice E. Mayne. Wright, to perform the duties of Crown Commissioner in place of Mr. Mayne.