GREY TO FITZ ROY. 575 [Enclosure No. 1.] 1848. MR. M. MAHON TO EARL GREY. 29 Auf?' Bally Carra, My Lord, Loughrea, Co. Galway, 18th August, 1848. I beg leave to apply to your Lordship for advice under the following circumstances:— My daughter having some time since Emigrated to Sydney, and Remittance having got married there, her husband has sent £30 to Messrs. for passage Adamson and Co., 3 Bond Court, Wallbrook, London, to pay for money- my passage, as well as that of my Wife to that Colony; and, having written to those Gentlemen, I received from their Assignee an answer, which I beg leave to transmit a Copy of to your Lord­ ship together with a Copy of My Daughter's Letter to me. I have, &c, CERTIFICATE. MICHAEL MAHON. I CERTIFY that the Writer of this Letter, Michael Mahon, is a poor, humble and Certificate industrious Man with a large family, and it would be of the greatest moment to re M. Mahon. them all to obtain this sum of money just now, and enable these poor people to emigrate. WILLIAM D'GRADY, Clk., A.M., Rector of Killinane Union and Rural Dean. Killinane Glebe, Loughrea, 18th August, 1848. [Sub-enclosure No. 1.] MR. J. FOLLETT TO MR. M. MAHON. Sir, Lambrook Court, Basinghall Street, London, 10th August, 1848. I have your letter of 29th instant to Adamson and Co.; and in reply I beg to Bankruptcy of inform you that that firm is Bankrupt; and under these circumstances it precludes Adamson and the possibility of doing what you desire. Co. I may also state that no money has been received from abroad by Adamson and Co. Non-receipt for the payment of the passage of your Wife and yourself. of remittance. I am, &c, JOHN FOLLETT, Official Assignee to the Estate of Adamson and Co. [Sub-enclosure No. 2.] MRS. A. GOODALL TO MR. M. MAHON. My dear Father, Geelong, lst March, 1848. I received your Letter of the lst November, which gave me and John great Remittance pleasure to hear that you and the family were well. I am sorry at hearing about for passage the Country being in such a state, and am now glad to have it in my power to money. discharge the duties of a Child towards a dear parent. As you have agreed to come out, " John" has paid Thirty pounds towards your passage and my Mother. You will hear on the subject from Messrs. Adamson and Co., London, to whom the money has been sent and who will provide you with a passage. Ye must pay your way to England, which we have also arranged here. Ye will receive every information on the subject from London. On receipt of this Letter, get yourself ready to proceed. I have no use in saying more, only you need not bring anything with ye, everything is so cheap here. In conclusiorii j beg, &c., " ANNE GOODALL. [Enclosure No. 2.] UNDER SECRETARY HAWES TO MR. M. MAHON. Sir, Downing Street, 28th August, 1848. I am directed by Earl Grey to acknowledge your Letter and Letter its enclosures of the 18th instant, representing the circumstances acknowledged. under which you had failed to receive a sum of £30, remitted to a bankrupt Firm in this Country from your Son-in-Law, New South Wales, for the payment of the passages of Your Wife and 576 HISTORICAL RECORDS OF AUSTRALIA.

1848. yourself to this Colony; and I am to express to you his Lordship's 29 Aug. regret that this is a case in which he has no power to exercise Inability any interference, but that he hopes and believes it to be very to assist. possible that you may still obtain possession of the Money. I have, &c, B. HAWES.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 155, per ship Alert.) 30 Aug. Sir, Downing Street, 30 August, 1848. Charter of I have to inform you that the Ship " Eden" has been ship Eden chartered for the conveyance of 150 Prisoners from Pentonville for " exiles." Prison with Conditional Pardons to Port Phillip. I have, &c, GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 156, per ship Alert.) Sir, Downing Street, 30 August, 1848. Transmission I herewith transmit for your information and guidance of rules re passages for some printed Regulations, which have been drawn up by the assisted Land and Emigration Commissioners, showing the terms on immigrants. which, henceforth until further notice, persons now ineligible for free passages may be assisted to emigrate out of Colonial Funds. Annexed is the form of application, which every person desir­ ous of availing himself of these rules, will be required tofill u p and return to the Emigration Office, accompanied by certain Certificates, especially with reference to his moral character and physical ability. There is also enclosed a further set of Rules applicable to Free Emigration. I likewise transmit you a 'Copy of the Commissioners' Report, which accompanies these Enclosures. I have, &c, GREY. [Enclosures Nos. 1 and 2.] [These regulations and rules, dated August, 1848, were printed in parliamentary papers.] [Enclosure.] LAND AND EMIGRATION COMMISSIONERS TO UNDER SECRETARY MERIVALE. Sir, Colonial Land and Emig. Office, 19th August, 1848. We have the honor to report for Earl Grey's information that, in consequence of our communication sanctioned by his Lord­ ship with the Honble. F. Scott, and other gentlemen associated with GREY TO FITZ ROY. 577 him, for promoting Colonization in the Australian Colonies, we 1848. have drawn up some rules setting forth the terms upon which, 3CKAug. henceforth until further notice, persons now ineligible for free Ruiesre passages may be assisted to emigrate out of Colonial Funds; we passages for enclose a copy of these Rules, and the form of Application which assisted every person desirous of availing himself of their provisions will "nm'srants. he required to fill up and return to this Office, accompanied by certain certificates especially with reference to his moral char­ acter and phyical ability. It is unnecessary that we should explain in detail these Regula-. tions; but it may perhaps be convenient if we draw attention to Classification the distinction we make in classifying these Applicants under the ^*?^eand two systems of free and assisted Emigration. The Rules relating immigrants. to the former, of which we also enclose a copy, are framed ex­ pressly with reference to the wants of the Colonists, and are intended to supply them with the description of labour, for which there appears to be the greatest demand. Our selections, therefore, of Emigrants seeking free passages are limited to the classes men­ tioned in the first Article of these Rules. But there may be many persons disqualified by their previous Trade or calling for free pas­ sages, whose emigration nevertheless would be mutually advan­ tageous to themselves and the Importing Colony, though less so to the latter than the free Emigrant. We allude especially to Me­ chanics who, on account of their greater intelligence, are likely to become useful Settlers after adapting themselves to their new Life, provided they are properly cautioned that they are not to expect to receive Mechanics' Wages, and that they must be satisfied with the remuneration given to ordinary laborers in the Bush. But, as this class, at any rate on first arrival, will not be so useful as the Agricultural Laborer, it is only fair to the Colony that the former should, contribute towards the cost of his conveyance. For the rate of contribution we would beg to refer to the Rules. Rate of It is the same Lord Grey agreed to for the Colonization Society, contribution. with a slight and unimportant alteration respecting children, adopted upon a mutual understanding between the Society and this Board. Again it is desirable that families, ineligible for free pas­ sages on account of the number of children, should find establish a Government, by which they can without difficulty be conveyed to these distant Colonies, provided they can themselves make the requisite payment, or obtain it by the assistance of friends, Parishes, or the Colonization Society. And here we may observe that we do not propose to make any distinction in favor of the Society, although we are acting in concert with that Body and have SER. I. VOL. XXVI—2 0 agreed upon a course of business with the gentlemen taking the most active part upon their Committee. It is right we should also explain that, with a view to prevent the selection of feeble and Prevention of infirm persons, the application form used by assisted Emigrants uselectio lcn surseonsn of canexaminatiotiomuscalltMedicareserveo ntsigty residesibedisablenl d_ hi thOfficersignetseno , certificate dCertificatesaourselveth td, foeou ban rCertificatyr d fielth Depothse. d e thSurgeo, tlabouWfirst, applican emae powe beinyhavr n b ough becausgeeort f founsfixedcoul otht f wordee etrejectind d oUnio thernoupo nobtedt n netpassed thab ogeth iwa answe ntexpecteane swhic n Unio;oyn rpersooanoneh thnothed th, e Surgeontw enwhodescrip r eAppli physitrave Locahavo ose-­ll ni applicantsReason nselectioflrm s nfo .°r f- 578 HISTORICAL RECORDS OF AUSTRALIA.

1848. far to pass the necessary examination. 2ndy. because, although in 30 Aug. the Colony it may be supposed that the Union Surgeons have an Reasons for interest in getting rid of paupers, we know these Officers to be selection of acting under the control of a Public Board, and consequently that union surgeons. they are responsible to higher authority; at one time we thought of entrusting to our selecting Agents the inspection of Applicants for assistance, but objections of a practical nature would interfere Shipment of with this or any other similar system of inspection. assisted We will only add that for the present we propose sending out immigrants. the Assisted Emigrants as they are passed, in the Ships we charter for the conveyance of the Free Emigrants; but, if the former class should come forward in any large number, it will be a subject for future consideration, whether it may not be desir­ able to send them out separately. We would beg leave to suggest that copies of both sets of Rules should be forwarded by an early opportunity to the local Authori­ ties in New South Wales, Port Phillip and South Australia; and we enclose a sufficient number of copies for that purpose. We have, &c, C. ALEXANDER WOOD. EARL GREY TO SIR CHARLES FITFREDERIZ ROYC. ROGERS. (Despatch No. 157, per ship Alert.) Sir, Downing Street, 30 August, 1848. Despatch I have received your Despatch of the 29th of March last, acknowledged No. 73, forwarding for the Royal allowance some New Rules with rules of court. of Court promulgated by the Resident Judge of the District of Port Phillip. By your despatch of the 18th February, 1847, No. 40, you in­ formed me that a Committee of the Legislative Council was then sitting on the subject of Rules of the Supreme Court. In my despatch, No. 177 of the 25th of June, 1847, and in subsequent Despatches, I intimated to you that, pending the report of that Committee, I should postpone submiting the Rules which you transmitted for the confirmation of Her Majesty. In your present Despatch, you advert to this remark; but you state at the same time that no new Committee has been appointed since thefirst Session of 1846 for the purpose of considering these rules, and that nothing further has been done respecting them. I cannot exactly reconcile this statement with that of your despatch of 18th February, 1847; but, in the absence of further Opinion of explanation, I conclude that the Legislative Council was ulti­ legislative mately of opinion that it is unnecessary for them to make pro­ council re rules of court. visions for imposing a Check upon such rules as may be framed by the Judges, and that they are satisfied with the manner in which the latter functionaries exercise the power entrusted to them for this purpose. GREY TO FITZ ROY. 579

I have accordingly advised The Queen to confirm the rules, 3Q j^g. which accompany your despatch now under acknowledgment; —- and I have to signify to you Her Majesty's approval of the same, rules of court. For the same reason Her Majesty has been pleased to allow the various rules of Gourt submitted in your previous Despatches, of which the numbers and dates are enumerated in the Margin.* I have, &c, GREY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 200, per ship Robert Syers.) My Lord, Government House, 30th August,. 1848. I have the honor to acknowledge the receipt this day by Despatches n the ship " Faithful" of your Lordship's Despatches, the numbers »<*

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 158, per ship Thomas Henry.) Sir, Downing Street, 5 September, 1848. 5 Sept. I have the honor to acknowledge the receipt of your Despatch despatch of the 16th of December last, No. 241, submitting the wi^tfc?'' transcripts of 38 public and 2 private Acts passed by the Legis- council. lative Council of New South Wales, and assented to by you during the period intervening between the lst of June and the 3rd day of October, 1847. Having laid these Acts before the Queen, I have now to Confirmation acquaint you that Her Majesty has been pleased to confirm and of aets' allow the various Acts, of which the numbers, dates and Titles are specified in the annexed Schedule. You will communicate the Queen's decision to the Inhabitants of the Colony under your Government by a Proclamation to be issued in the usual and most authentic manner. I have already in my despatch, No. 101 of the 30th of June Previous aiiow- d y last, conveyed to you Her Majesty's allowance of the Act (No. 11) necr0P0S act "for the establishment and regulation by Trustees of a general Cemetery near to the City of Sydney fo be called the Necropolis." The remaining Acts of this series, together with the reserved Acts under Act No. 39, " to amend the Laws relating to Aliens," which consid6ratio"' likewise accompanied your despatch, and the two private Acts are still under the consideration of Her Majesty's Government.

* Marginal note.—No. 40, 18th Feby. ; No. 61, 28th March ; No. 89, 15th April; Xo. 144, 14th July; No. 168, 22 Augt.; No. 203, 13 Octr., 1847. f Marginal note.—Nos. 63 to 74. Circular, 8th April, 1848. 580 HISTORICAL RECORDS OF AUSTRALIA.

1848. Although I have recommended the Queen to signify Her 5 Sept. approval of the Act No. 34, " to substitute other punishments for Comment re transportation beyond the Seas," I am desirous of calling your punishments in lieu of trans­ attention to the possibility of establishing in New South Wales portation act. a system of punishment for persons, convicted in the Colony, of a nature similar to that which I have lately recommended for adoption to the Governor of British Guiana in a Dispatch, of which I herewith enclose a Copy for your information. I have, &c, [Enclosure No. 1.] GREY. [This schedule stated the titles of the acts, numbered 1, 2, 4, 5, 6, 8, 9, 10, 13, IT, 18 to 22, 24, 25, 27 to 36 and 38 (see page 7S et seq.).] [Enclosure No. 2.] EARL GREY TO LIEUT.-GOVERNOR WALKER. Sir, Downing Street. 22 July, 1848. I have had under my consideration Sir Henry Light's des­ Despatch acknowledged patch. No. 220 of the 18th December, together with the report from re problems yourself which it transmitted on the Penal Settlement. of penal 2. I have read this report with attention and I wish it were discipline. in my power to suggest the means by which the several reforms suggested in it could be at once carried into effect. I fear that, in the present state of the relations between the Government and the Combined Court, but little can be done; but I am desirous nevertheless to assure you that I am fully sensible of the import­ ance of the subject and especially of some points to which you have adverted, the want of a Chaplain and Schoolmaster, the frequency of punishments (to which, I think, punishments less frequent and more severe might be preferable), the want of sufficient separation, the necessity of employing persons of temperate and regular habits as Subordinate Officers, and the expediency of investing the Com­ missioners with the powers of Inspectors of Prisons instead of only a control overfinancial matters. 3. Since the receipt of Sir Henry Light's despatch, you are aware that the subject of Prison Discipline in the Colonies gener­ ally has been under my further consideration, and my Circular Objections to Despatch of the 13th of March will have made you acquainted with silent system, my views respecting it. 4. You will observe by that despatch that the silent system of discipline, to which you advert in your report, is regarded by me as extremely objectionable. It has been found to involve an inces­ sant exercise of severities on the part of the Officers, and con­ tinual efforts at evasion on the part of the prisoners, by which the former are hardened and the latter kept in a fraudulent state of mind. 5. I transmit to you a Copy of a Despatch* on the subject of Convict discipline,*which I addressed to Sir William Denison, the Governor of Van Diemen's Land, on the 27th of April last. * Marginal note.—Not sent; it will be found in Parliament}*. Papers on Convict Discipline, printed this Year. GREY TO FITZ ROY. 581

6. I also enclose a copy of observations on the Penal Settlement is^s, and on prisons generally in British Guiana, with which Sir Henry 5 Sept. Light lias furnished me at my request. 7. It had occurred to me that the principle of the arrangements, Punishments described in my despatch to Sir William Denison, might be usefully proposed in adopted in British Guiana by enacting that every Convict sent to transportation the Penal Settlement for the description of offences here usually punished by transportation should, after going through a period of imprisonment first in a Separate Cell, and afterwards on a less rigourous plan, be discharged not to entire liberty but to a condi­ tion similar to that of the ticket of leave men in Van Diemen's Land, being subjected, before he is considered to have entirely recovered the position of a free member of Society, to the necessity of paying a part of the expence he had occasioned. You are aware that, in New South Wales and Van Diemen's Land, Convicts enjoy­ ing tickets of leave are allowed all the advantages of freedom sub­ ject only to the necessity of residing within districts pointed out to them, of conforming to certain rules, and with the liability of being again brought back under restraint in the event of mis­ conduct or of their transgressing the rules laid down. You will perceive, from the despatch to Sir William Denison to which I have called your attention, that it is now proposed further to require from them the repayment of part of the expense they have occasioned. It has appeared to me that the same principle might with advantage be adopted in Guiana, and that this would check the disposition the discharged convicts are said to show to return to George Town, when they again fall into criminal courses. I considered that they might be required on leaving the Penal Settle­ ment to reside in certain prescribed districts and pay weekly or monthly a prescribed instalment of their debt to the Colony on pain of re-commitment to the Penal Settlement. You will perceive that Sir Henry Light entertains doubts whether this system would be practicable in British Guiana. This doubt, however, seems to be founded partly on some misconception of the condition of holders of tickets of leave in Australia, and the principal still appears to me to be sound and capable of being practically applied to the existing state of things in Guiana. For this purpose, the coopera­ tion of the Legislature would be required, and it would be neces­ sary to subject all prisoners to the legal obligation of a debt of a specified amount for every month passed by them in confinement, giving authority to the Government to enforce the payment of that debt by the exercise of powers similar to those possessed by the Governor of Yan Diemen's Land over the holders of tickets of leave. 8. It appears to me that the Criminals in the Penal Settlement Employment might be very usefully employed in building separate cells, of for convicts enal which by degrees a sufficient number might be constructed to enable i.ptt, the authorities to make every criminal go through a preliminary se emen • period of separate confinement. 9. I am aware (as I have said) that the present state of the Difficulty in relations between the Executive Government and the Combined initiating Court and Court of Policy may render immediate improvements reforms- impracticable; but it has been my object to put you in possession of all the information which I can contribute for your assistance in considering the measures, it may be expedient to adopt, leaving to your discretion thefitting tim e for bringing them forward. I have,GREY &c., 582 HISTORICAL RECORDS OF AUSTRALIA.

1848. [Enclosure No. 3.] 5 Sept. OBSERVATIONS in regard to Penal Settlement and Prisons Observations generally in British Guiana. on penal settlement and I HAVE in various despatches, of which the numbers are forgotten prisons in by me, described the state of Prisons, including the Penal Settle­ British Guiana, ments in British Guiana. I have alluded to some of the obstacles which have prevented my carrying out many of the suggestions contained in Earl Grey's Circular, and which merit the highest consideration. I have stated some of the difficulties under which the Executive of British Guiana labors in all public Institutions dependant on the will of the Combined Court. I shall premise by a few words on the prisons of George Town, New Amsterdam and of the Rural districts. A description of these prisons have been given. In George Town, there is no defect as to aim, food, cleanliness; at myfirst arrival complaints were made by Mr. Scobbe and others that the cells were too small, too hot; instructions were sent to remedy these evils; more ventilation was given; the result was that the negroes complained bitterly of the cold, and every window was found stopped up on visitation by the prisoners; the cells in my opinion were ample as to dimensions, and I trust I was suc­ cessful in satisfying the Colonial Office that the Complaint was unfounded. The Colony has been liberal in its aUowance of food in my opinion far beyond what is necessary for persons who have hitherto had but slight labor; it was a remark made by Mr. Doughtry, the Jamaica Inspector of Prisons, that it was being over generous to give full rations to prisoners under correctional short sentences, not to hard labour; but the Members of the Court of Policy de­ murred to any reduction, fearful of giving ground for complaint, at one time so rife, against the West Indians. The hard labor prisoner, the simple confined prisoners, under authority of the Stipendiary or Police Magistrate, have the same ration except for breach of discipline; and it is to be observed that many of the latter class find it no hardship to be full fed and idle in their cells, lounging and sleeping during their imprisonments, save when made to sweep out their cells, perform their ablutions, and take the two hours' walk in the prison yard; it may have been right to be cautious against ill treatment, but I think an immediate alteration of this system under advice of the jail surgeon should be made. George Town jail admits of separate Cells to all who have been sentenced, whether for short or long periods. Prisoners before trial, except those accused of felony, are placed together in two tolerably sized rooms capable of containing 16 or 18 persons each; it sometimes happens that there are more cases of assault than of petty thefts, which then prevents the entire separation of different species of offence which is strictly attended to when possible. The defect of the George Town prison is that the Labor is made of little value, and is of a very light description: the hardest is that of breaking stones; the prisoners seated on the ground have a task about one 9th part of what is enforced at the Penal Settle­ ments; they work together under a superintendent, and are not allowed to converse with each other. There is a treadmill used for refractory prisoners. I was averse from making it an ordinary GREY TO FITZ ROY. mode of work; it produced sulleness, and the wheel, being in- 1848. applicable to profitable work of any kind, which it might be, had sjiept. no meaning to the minds of the prisoners except of torture. I observati0ns regret to say that I did not think myself authorised to prevent on penal our poor Soldiers from being worked at the mill, though I was settlement and always delighted to see when other labour was found them. It is Bridsh (Mana. to be remarked however that soldier prisoners always went out of jail in better health than when they entered. It has been remarked by Mr. Walker that ameliorations were required in the discipline of George Town jail; the only trades, taught or improved, is by the employment of prisoners as masons and carpenters when work of that kind could be found for them; and there was disposition to learn or improve under some master, either hired or himself a criminal; much work of that kind has been done, and latterly a Well dug in the jail on the artesian Principle with the help of the prisoners. Previous to instructions (contrary) by the Marquis of Normanby, the prisoners at hard labor were hired out in gangs to clean the trenches, repair the roads about the City. I submit that irreclaimable criminals, those repeatedly brought before Police Magistrate for thefts (petty) and frauds might be usefully employed in such labor; the effect on the minds of such persons, who have not the slightest shame, an effect supposed to be that of degradation, is " naught." I am dis­ posed to think the exposure would act as a warning on the popu­ lace, and I am borne out in this by Mr. Kingsford's communication from Gibraltar; the hard labor thus diminishes the expences of the jail. Expecting daily to quit British Guiana, I left the amelioration for my successor or Mr. Walker, and I trust they will apply them­ selves to what certainly requires amelioration, though it has been no fault beyond that of not interfering with a system, which inter­ ference required money from the Combined Court to change, unless out door labor be authorized. Divine Service is regularly performed on Sundays by Episcopa­ lian, Presbyterian and Roman Catholic Priests; it has however sometimes had the effect of collision, where I am happy to say the Episcopalian Minister gave no cause of Complaint. When the majority of the Prisoners are for six or ten days, the question of the use of Schoolmaster is to be asked. The Prison of New Amsterdam is like that of George Town under the respective Sheriff; the former prison is so much isolated from the town that I have allowed the jail gang to be employed usefully on occasion on the road, and in aid of encrease and cleanliness of the Hospital; the Treadmill existing there was of so little use, that I had it removed, and the Building in which it stood converted into a Court house for the Inferior Criminals Sessions and the Sheriffs' Court. It is a singlar feature of Ber- bice, that, with the exception of the Riots amongst the negroes, some five months ago, the number of prisoners has rarely ranged twenty five. Here again the three paid Churches have sometimes come into collision. The three Country Jails have Mahaica, Caponey, Wakenhaarn, have rarely more than seven or eight prisoners; classification, separation or labor can have little effect; if the Railroato be ad merbefinished e lock-u tpo houseMahaica, th, eI woulestablishmend recomment dond eth eawa jaiyl therwithe 584 HISTORICAL RECORDS OF AUSTRALIA. 1848. and the prisoners condemned, sent at once to George Town; saving 5 Sept. the disgrace, all these Country jails would be very pleasant resi- Observations dences, that of Caponey has on the Arabian Coast often made me e onp enal envy the jailor. settlement and The Diet Table for the jails is shown in page 220, of Local Guide British Guiana. as wel1 as Regulations applicable to all the Gaols. The Penal Settlements, which I consider my own creation, helped however by some of the Colonial Members, made require more serious consideration; but, unless the local government accord the funds, much must be left to time. With incredible labor, a range of wooden buildings was erected on a lovely spot at the entrance of the Massarooni but the lst Superintendent Horan, for the reception of eighty or ninety convicts; some forty or fifty were sent as soon as room was pro­ vided ; in George Town with this nucleus of hands, a wilderness was cleared, magnificent trees felled for timber or fuel and pro­ vision planted; the work of Horan would have done honor to the Landscape taste of some of our Professors, his grouping of trees, and adjusting this grouping to the different points of the three great rivers and the numerous islands made it then the most picturesque scene that could be imagined; it was in vain at that time to think of classification, separation, or ought but labor, saving that, when the Missionary from Bartica point could come, he gave spiritual care on Sundays. The progress of clearing, quarrying and planting continued; more Convicts were sent as room was supplied; new buildings erected or completed, and a stone range of buildings begun. Mr. Horan died, and I had an opportunity of replacing in the Public bervice the present Superintendent, who has proved a most efficient public Officer. The first range of stone buildings was completed, the timber, including I am sorry to say all the favorite grouping of Mr. Horan, of upwards of 150 acres of ground cut down and the land planted; The Convicts, now amounting .to upwards of one hundred andfifty, hav e by continuous labor performed works, which, though as yet had not produced much return to the Trea­ sury, must be considered as infinitely beyond the actual advances by the Colony; the details on this have been given; a new range of Stone Buildings is in course of erection and the defect, pointed out by Mr. Walker of the thinness of the partition waUs enabling the Prisoners to hold conversation with each other, will be remedied; it must not however be forgotten that the Guards in front of the cells, continually moving up and down their beat, have been a constant check on the conversation which subjects the prisoner to punishment. Where it was required to strive every nerve to complete planting, clearing, draining, wharfing and damming over a circuit of four or five miles, to furnish blocks of granite for building, and to hasten ohibhavthwanofes eA sthwfoun e separatprogres Chaplaieihardlbee nestablishmen dprogresn t yodoublees n succeedpracticablesysteo cellfwils building ,ardl nomiupte. n finished ma anw;du budyane,; thertthbcoursad es Ie theadvantageousl havfaeseparatio an certainlernd e I aanothe nshavo d practicabl doubreonlny alterationsnoughooyft y doubnoth atriedtse wetsoo tprisonero anever,bn ,eand aproposed aallottesyd the Schoolmaster thwillConvicsn econstantl buildingprisonerd, ,aI tsmade trustparhadyst., , GREY TO FITZ ROY. 585 In the appointment of a Chaplain, some caution must be observed 1848. to prevent any interference with the ordinary duties of the Estab- 6 Sept. lishments. Missionary zeal may do harm while anxious to act well. ,,. ... ,, „ , ,.,_. . , Observations Vv e well know how difficult it is to defane truth from falsehood, 0n penal amongst a degraded race of felons in England; how the negro can settlement and assume the most pious bearing in the presence of his spiritual British Guiana teacher, and be the most consummate scoundrel on earth. The head of a most diabolic conspiracy to poison the guards, murder the superintendant and burn the buildings, was a class leader of a dissenting Chapel in George Town, and the worst part of this hypocrisy is that the oaths of secrecy are on the bible, and that Book is quoted at all times by the worst characters. The education of many of our Clergy in the Colonies does not at once make them judges of character; a new man on arriving at the Penal Settlement will often assume a knowledge of the good or bad disposition of the Convicts, without foundation. If he goes too much amongst them at undue hours, he will interfere with the routine of labour; he will have his pet criminals who may be known to the guards and superintendant as the worst of the gang. Offence is taken, disputes will arise between the Superintendant and the Chaplain, and open war is declared, as was the case with the Missionary Bernan from Bartica. He did not like the rough manners of the Superintendant Crichton, who resisted some en­ croachments on the discipline of the establishment, and Mr. Bernan refused to attend; he however allowed the Catechist of the Mis­ sionary Village to visit the convicts, but the transient attendance of such a person was of little effect; he was drowned some months ago in return to his residence at Bartica and since that time Mr. Crichton performed the service. A Clergyman fitted for the Office, isolated as he must be from all society, should have a large stock of Missionary zeal to enable him to endure the many inconveniences of a residence at the Penal Settlement; his duties must be defined and his hours fixed; and though in season and out of season is a doctrine of some when disposed to teach the wicked, yet nothing trenching on the disci­ pline of the place must be allowed. Somewhat should be conceded as a favour to industry; and I would make the good conduct of a Convict a preliminary to being placed in a reading or a Moral class; this would at once prevent the Clergyman or Schoolmaster from interference with discipline. In the reports of the Superintendant. at the Colonial Office, is to be read the distribution of work; nothing in door as yet has been considered; but, when the separate system can be began, doubtless some employment will be found for such prisoners; there is a large department of scrapers of the Cassava root, makers of Cassava bread, and I believe Cassavisse sauce* which enters into most of our English sauces and for which there is a large sale; but such work is so light that it could not be made the staple of labor to healthy persons on the separate system. Lord *Gre Marginaly allude note.s —ttheo th boilee possibld expressee advantagd juice ofe th oef Cassavallowina rootg .Convict s to work out a portion of their time on the ticket of leave principle in Australia. I doubt the feasibility of this in British Guiana ; the ticket of leave man in Australia is separated from Society; his very occupation is that of contemplation; he is thrown on his enableown thoughtsd to associat. Note simmediatelo the Negryo witat hBritis his felloh Guianaw men;, h woule would havd be 586 HISTORICAL RECORDS OF AUSTRALIA.

1848. enjoyments of life which the Australian Convict cannot have, and 5 Sept. would probably make some of the younger negroes of the Estate, to Observations which he was located, think a Convict's life not a bad one. on penal The Commissioners of the Penal Settlement, having established settlement and Saw Mills, found it necessary to contract with a Wood Cutter to prisons in British Guiana. furnish Timber for the Convict labour; this range is about 12 miles from the Penal Settlement, and latterly, from the difficulty of hiring labour, the Superintendant allowed some few of the Convicts, who had worked out their time, to join the wood cutters instead of transporting them to George Town; something of this kind of allotment might perhaps be considered hereafter. I have long thought of the propriety of reserving a small fund as a sort of price for labor done by Convicts, which should be given them on the termination of their imprisonment; this idea has been combatted,first, that, until the penal settlement pays all its expenses, it is not fair to deduct any portion of what is expended on the Convicts, next that labor is in such request that a returned Convict is as readily received, provided he will work, is the most honest man in the Colony. The repeated convictions of criminals, alluded to by Mr. Taylor, are fewer than in England, at least so remarked Mr. Walker, who said in conversation with me on the subject that, in the peniten­ tiaries of Great Britain he had visited, convictions of the same persons have amounted to upwards of Seventy. The penal Settlement, since the erection of Saw Mills, has become more formidable to the Vagabonds of British Guiana, and, since the appointment of Dr. Fergusson as Medical Man, who had been more used to the African race than his Predecessor, the pleas of sickness have been so well combatted, that shirking has been abandoned, and very few of the prisoners escape a full portion of labour suited to their strength. I have more than once alluded to the ready submission of the negroes to the guards, as yet nothing like open insubordination has occurred; but I am of opinion that the number of guards (now only 12) should be increased; when the Legislature cease their opposition to the supplies, I have no doubt the encrease will be encreased. Mr. Walker's opinion, relative to the expediency of keeping the Military at a distance from the Settlement, had been anticipated in 1847, when a clearance was made on the opposite side of the river for a Barrack and residence for Officers and Chaplain, at the expense of the Colonial Treasury. This site did not suit the Commander of the Forces and the project was abandoned. In Summary. The separate system as a preliminary punishment might be car­ ried on in George Town jail, but with an alteration of discipline, and hereafter at the Penal Settlements when buildings are completed. Conversation is not allowed during labour, but, unless noisy, I do not believe it is repressed with violence. At the saw Mills or heavy labor, .there can be no conversation. Solitary confinement, chains and stoppage of rations the chief punishments; I am clearly of opinion thrashing with a moderate sized stick is at times useful, though it should be rarely resorted to. theTh superintendante Clergyman .an d Schoolmaster to be entirely subordinate to G. GREY TO FITZ ROY. 587

The classification of labour is from strength to weakness, light 1848. work to heavy, and is subject to the consideration and inspection s^Sept, of the surgeon. Observations The penal Settlement still in its infancy, still in progress of addi- on penal tional buildings, cannot, I think, be made yet to receive all those settlement and improvements in discipline and arrangements, which have been British Guiana. effected in the prisons in England. It would be impossible to obtain guards without allowing their wives, or reputed wives, to be with them; when the female reputed to be wife is found not to be lawfully so, she is got rid of. I should hope that no leniency has ever been shown by the Superintendant to excess or ill conduct in his subordinates; notwithstanding much improvement, so far as form is concerned, the tie of matrimony is but a secondary consideration with a large number of negroes; the example of a reputed wife has no such bad effect, as in our more civilized country; it is quite sufficient to have a female attendant in the house of a single man, be she young or old, to have her put down as wife, with the worst scandal attached to the parties. 9th July. [Enclosure No. 4.] HL' [This was the voluminous parliamentary paper, entitled, " Corre­ spondence on the subject of Convict Discipline and Transportation," which was presented to parliament in May, 1848.] SIR GEORGE GREY* TO SIR CHARLES FITZ EOY. (Despatch No. 166, per ship Thomas Henry.) Sir, Downing Street, 8th September, 1848. 8 Sept. I have had the honor of receiving your Despatch of the Despatch 10th of April last, in which you have transmitted to me a Copy « acceptance of the Address presented to you by the Legislative Council of of proposal for HT ri i TTT i • -i -n • c i T-> T introduction .New South Wales, expressing the willingness of that Lody to 0f" exiles." concur in the introduction into the Colony of Convicts holding Ticket of Leave or Conditional pardons, on the terms proposed in my Despatch of the 3d of September, 1847. 2. The late period of the year, at which your Despatch has inability to been received, and the approaching termination of the Session me'ntary^ram render it impossible that Her Majesty's Government should now for free apply to Parliament for any Grant for the purpose of sending free Emigrants to New South Wales in consideration of the con­ sent of the Colony again to receive Convicts from this Country. 3. Independently also of the period of the year, the present financial circumstances of the Country oppose a difficulty, which I cannot hope will be removed by the commencement of the next Session, to our applying to Parliament for any Grant for this object. 4. Under these circumstances, my first impression was that it would be necessary to abandon altogether the idea of sending out Convicts to New South Wales, as I readily acknowledge that,

* Note 41. 588 HISTORICAL RECORDS OF AUSTRALIA.

1848. after what has already taken place upon this subject, Her Ma­ 8 Sept. jesty's Government cannot without the consent of the Colonists refuse to provide for the conveyance of an equal number of free Emigrants, if Convicts are to be sent at all to New South Wales. Limited trans­ •5. But, upon a further consideration of your Despatch, and of portation of " exiles " the information which has reached me from various sources as proposed to the urgent want of labour in the Colony, and as to the great without free usefulness as labourers of Convicts who have been previously immigrants. trained under the system of punishment now adopted in this Country, I have been led to the conclusion that the Colonists of New South Wales would prefer, to the entire abandonment of the measure proposed, receiving a moderate number of Convicts, even unaccompanied by an equal number of free Emigrants sent out without charge to the Colony. 6. I am the more induced to adopt this conclusion because it appears, from additional information received since the date of my despatch of last year, that, without incurring so large an expense as was then contemplated, there will be no difficulty in disposing of all the Convicts for whom it is necessary to provide, and who are well calculated to become labourers in the Colonies. An arrangement much less costly to this Country will, as I have reason to believe, be of so much advantage to several of the British Colonies where there is a great demand for labor as to induce them gladly to receive all the Convicts that can be sent to them. 1. I enclose a copy of the Despatch which I have addressed to the Governors of the Colonies, alluded to, on this subject; it will explain to you the terms upon which it is now proposed that Transportation Convicts should be sent abroad. If the Legislative Council of of " exiles "' to New South New South Wales should agree to receive Convicts upon these Wales at conditions, Her Majesty's Government will continue to send discretion of there a portion of those whom it may be necessary annually to legislative council. remove from this Country; if not, another destination must be found for them. As so much delay would be occasioned in sending to the Colony labourers who are urgently wanted, if I were to wait for an answer to this Despatch before any measure for carrying this arrangement into effect were adopted, I propose Proposed at once advising Her Majesty to revoke the Order in Council revocation of by which New South Wales was made no longer a place for order-in- couneil. receiving Convicts under sentence of Transportation. Reasons for 8. This step is necessary in order that the Colonial Govern­ revocation. ment may have the requisite authority to enforce the regulations applying to Convicts holding Tickets of Leave who may here­ after be sent to New South Wales. When that Colony shall thus again become a place to which Convicts may be transported, the G. GREY TO FITZ ROY. 589 necessary legal power for sending them thither in Custody, and iS48. for subjecting them to all the Laws applying to Transported Convicts will revive. This power includes as you are aware Power to with- that of withdrawing the Ticket of Leave held by a Convict in 0f leave. the event of his misconducting himself or failing to conform to those regulations which are prescribed to him. This power of withdrawing Tickets of Leave when necessary is essential for carrying into effect the system, in contemplation, as you will perceive from the enclosed copy of a despatch, I have recently addressed to Sir W. Denison in explanation of the measures which it is intended to adopt, in order to recover from the Con­ victs the cost of their conveyance to the Colony. You will distinctly understand that it is not intended to send to New Selection of South Wales any Convicts but those who are considered to be ^e^Soui"1 deserving of Tickets of leave on their arrival, and to be also Wales. calculated to become useful as labourers in the Colony. You will further bear in mind that those, from whom Tickets of Leave are with-drawn for misconduct, will thereupon become punish­ able in the Penal Establishments • of the Colony, and that the excess of the cost of their maintenance in these Establishments, beyond the value of the labour they may perform, will be charged to this Country until the expiration of their original sentences. 9. I anticipate with some confidence that this arrangement Advantages of will be regarded as one calculated to prove beneficial to the coionyf1S *° Colony, though perhaps less so than that which I described in my despatch of last year. New South Wales will thus obtain - a Class of persons who, though they have been guilty of crimes in this Country, yet will be likely in general to prove useful labourers under the restraints to which they will be subject, and after the preliminary punishment they will have undergone. It will also obtain the means of acquiring, in consideration of its reception of Convicts, an accession to the Funds applicable to free emigration; and, though it is hardly probable that the re­ payments obtained from the Convicts will suffice to defray the cost of sending out an equal number of free Settlers, this deficiency will become of less importance inasmuch as the means of renewing free Emigration upon a very large scale have been provided by the Colony, and there will thus be poured into it a Stream of Population of the best description, sufficient, I trust, to neutralize the demoralizing effect which might be apprehended if the persons introduced from this Country were principally Convicts. 10. In the expectation that for these reasons the reception of Tentative Convicts under this arrangement will not be unacceptable to the transportation. Colonists, it will be acted upon until I shall receive an answer to 590 HISTORICAL RECORDS OF AUSTRALIA.

1848. this despatch; but, if it should then appear that the Colonists 8 Sept. object to receiving Convicts upon these terms, no more will be Alternative sent; and Her Majesty's Government will apply to Parliament for proposals. such a Grant for free emigration to New South Wales as, with the repayments from the Convicts previously sent, will be suffi- cent to send out an equal number of free Settlers. I have, &c, Memo, attached to Despatch. **. CREY. Reasons for WITH reference to the Memorandum of the 30th Ulto. which signature of accompanied the unsigned despatch, No. 166 of the 8th Sep­ G. Grey to despatch. tember, explaining the reason of that despatch being forwarded without Lord Grey's signature, it has since been thought advis­ able, as the Ship carrying the Mails has been unexpectedly detained till today, to procure the signature of the Secretary of State for the Hvme Department to another transcript of the same, which is herewith enclosed. The enclosures are not sent, as they were contained in the un­ signed despatch* above referred to. Colonial Office, 2 October, 1848.

[Enclosure No. 1.] EARL GREY TO GOVERNORS OF W. AUSTRALIA, N. ZEALAND, THE CAPE, CEYLON AND MAURITIUS. Sir, Downing Street, 7th August, 1848. Transmission I have the honor to transmit to you the enclosed copy of a of papers on correspondence laid before Parliament in May last on the subject convict discipline and of Convict Discipline and Transportation. Many of these papers transportation. will probably not be without interest to you, but my immediate object in sending you the accompanying copy of them is to draw your attention to my despatch to the Lieutenant Governor of Van Diemen's Land, No. 66 of the 27th of April last, in which you will find an exposition of the views of Her Majesty's Government respecting the future treatment of Offenders who receive the sen­ Probationary punishment tence of Transportation. for convicts. You are doubtless aware that it has for some time past been resolved that all Convicts should in thefirst instance undergo a period of separate imprisonment in this Country, varying from 6 to 18 Months, followed by labor on Public Works either here or at Bermuda or Gibraltar. By Several of the accompanying Papers, you will find that the effects of this Discipline have as yet been very satisfactory. The letter from Mr. Kingsford, who has so zealously and efficiently performed his duties as Chaplain at Gib­ raltar, and which is enclosed in my Despatch above referred to, bears testimony to the good and apparently lasting impressions produced on the minds of the Prisoners who have fallen under his notice at that station. At Port Phillip, the Despatches, referred to in the margin,t will show with what rapidity the Men who have * Note 41. t Marginal note.—No. 68, 30 Dec, '46, page 9 ; No. 58, 26 March, '47, p. 19; No. 124, 28 June, p. 27. G. GREY TO FITZ ROY. 591 arrived there under the name of " Exiles " have been engaged for 1848. the service of the resident Proprietors. And similar information 8 Sept, has since arrived respecting a party of Exiles, who landed so lately Experiencc ,.„ as December last at Port Phillip. The Settlers in that District « exiles" at have now for a considerable time had an opportunity of observing Port Phillip. the character of Men of this class; and, although the demand for labor is unquestionably great, it is not to be supposed that they would have been so eager to obtain the services of such persons, if there had not been much which was satisfactory in the conduct of those who had fallen under their observation. Whilst such evi­ dences in their favor have been received from Gibraltar and Port Phillip, I enclose for your information a Despatch from the Gov­ ernor of Bermuda, in which you will find that he gives the most gratifying account of a large party of Men, whom he had selected as deserving of the indulgence of being sent to Yan Diemen's Land with Tickets of Leave, and that he expresses a sanguine anticipa­ tion of improvement in their future conduct and of the addition which they will make to the useful labor of the Colony. Notwithstanding these encouraging circumstances, however, it is " Exiles "to not the opinion of Her Majesty's Government that, either with a hold tickets view to the preservation of good order, or to the infliction of an of leave. adequate amount of punishment under their original sentences, the Men ought to be set entirely at large on reaching the Colony to which they may be sent after a certain period of good conduct. It is considered better that they should rather be allowed Tickets of Leave. These admit of restricting them to particular districts, and of enforcing the punctual payment of moderate sums in return for the cost of their conveyance, but do not in other respects interfere with the freedom of the Men to whom they are granted, nor diminish the ordinary motives to industry and good conduct. You will further perceive that, while it is proposed to require from Appropriation these persons repayment of the cost of their removal to the Colonies of payments for to which they may ultimately be sent, because it is conceived that p^tation'of" they ought not to receive free passages which cannot be granted " exiles." to many of those unconvicted of Crime who apply for that privi­ lege, it is proposed that whatever sums are thus recovered from them should be applied not to relieve this Country from the charge incurred on this account, but for the benefit of the Colonies which may receive them, either by sending out free Emigrants to meet the great demand for labour which exists in most of these Colonies, or in any other manner which may be more suitable to the peculiar circumstances of others of them. Such being tbe system under which it is proposed hereafter to Advantage to proceed, I think it right to point out to you that, if the Inhabitants colonies of of (Name of Colony) should be willing to receive Men with Tickets ofTicket-of-0" of Leave, they will obtain the advantage of a supply of labour leave men. together with a probable addition to the Funds applicable to General Emigration, or some other public object of importance; while, by the power which is to be reserved of dispersing those Men in different districts together with the reformatory nature of their previous punishment, there is good reason to hope that their pres­ ence in moderate numbers will not be found injurious to the general character of the Community. Considering the urgent representa­ tions which are constantly received at this Office of the want of an adequate supply of labour, it seems possible that, if this system of Convict Discipline were well understood, the Colonists might 592 HISTORICAL RECORDS OF AUSTRALIA.

1848. be desirous of receiving Men upon the foregoing terms in their 8 Sept. last stage of punishment, and after they had earned a favorable character from the authorities under whose control they had been Request for placed. I should be glad, therefore, if you would ascertain, in the public opinion re proposals. manner which may appear to you best suited to the purpose, how far this would be the prevalent opinion in the Colony under Your Government; and, if I should learn from you that the measure would be wished for, I should be prepared to take the necessary steps for including (Name of Colony) in the places into which Convicts holding Tickets of leave may be introduced. [To the Mauritius and Ceylon Despatch, the following passage Special report required from was added.] governors of I have made a communication to the above effect to the Gover­ Mauritius and nors of several of the Colonies situated in temperate Climates, and Ceylon. I have not refrained from also addressing it to you because I shall rely on you to inform me whether or not there are portions of the Island, in which working Men of the English race could be settled and employed with safety to their health. Should this be the case, I should wish to receive Your report whether, even if they should not obtain private employment, their services might not be with advantage used by the Government on the Roads and Public Works. I am led to believe from the former correspondence with regard to the deficiency in {Name of Colony) of skilled labour, required more particularly in the construction of Bridges and similar Works, that to obtain free of expense a certain number of Men well trained to labour on public Works, and required to reside in the parts of the Colony most suitable for them, might be attended with very great advantage. j h&Y^ &c GREY. Report re con­ victs sent from [Sub-enclosure No. 1.] Bermuda to GOVERNOR ELLIOT TO EARL GREY. Tasmania. My Lord, Bermuda, 15th April, 1848. I have the honour to forward copies of the Despatch, which I addressed to the Lieutenant Governor of Van Piemen's Land with the 203 Prisoners, who recently proceeded to that destination in the Bangalore, as well as a copy of my letter to the Surgeon Superintendent and of an address which I made to these men on their embarkation. The Ship was detained from the 9th to the llth by the master for reasons uncon­ nected with the public service, so that there would be no claim for demurrage during that period. But I regretted the circumstance less because it afforded some opportunity of judging of the behaviour of the prisoners after their release from the confinement and strict discipline of the Hulks. The Surgeon said to the Officers of the Establishment on the morning of his departure that there had not been a single complaints that he found the people remarkably orderly, clean, helpful and kind to each other, and intelligent in their ways. The Door of the prison on board the Bangalore had been open all day. I have very little doubt that they will continue to conduct themselves to hia satisfaction, and incline to believe that the Colony of Van Diemen's Land will have rarely received 203 Adult male passengers by one ship, containing a larger number of useful settlers in a new Country than those who will arrive in the Bangalore. Many of them are very skilful tradesmen and they have all been trained to habits of regular and laborious industry. They have all too experienced the bad consequences of misconduct and the advan­ tage of steadiness; and I hope a reflection, which I pressed upon them, will have its due weight that is the great difficulty of recovering any share of trustworthiness and respectability by men in their condition and the certainty of its total loss by the least relapse to wrong courses. Your Lordship will observe from my Despatch to Sir William Denison that they are creditors of the Crown for reserve earning in the considerable sum of £1,071. It should also be explained that beyond that sum there has been paid or is due t£49o 2thi liss .Establishmen 4d. This tAmoun for tthei accordinr laboug rt ob thy eth Instructi6ne Departments couls demployin not beg carriethemd G. GREY TO FITZ ROY. 593 to their credit, having been earned in what is called the period of probation ; that 1848. is during the twofirst years after conviction; but, if they continue to conduct them- 8 Sept. selves satisfactorily in Australia, perhaps Her Majesty's Government may be pleased to render it available for assisting the passage out of any of their female relatives Report re con- who may desire to join them. victs sent from All the men, who find their way into prisons, are not irreclaimable; and I have Bermuda to the painful proof before me that calamity and misguidance of others have their full Tasmania. share in the causes which shut those gates upon them. I believe this plan carefully worked is happily devised for the encouragement of steadily disposed prisoners and for the relief of their unfortunate and innocent Knowing that your Lordship will take deep interest in securing to them every possible motive and helpfulness for the reestablishment of their characters, I hope to be excused for these suggestions. ..,.„.-,.,. I have omitted to mention that one of the 204 prisoners specified in this List sent to England died before the arrival of the Bangalore and agreeably to the instructions his place was notfilled up. I have, &c, CHARLES ELLIOT, Governor. [Sub-enclosure No. 2.] GOVERNOR ELLIOT TO SURGEON-SCPERINTENDENT HARVEY MORRIS.

Sjr Bermuda, 9th April, 1848. The 203 prisoners destined for Van Diemen's Land, pursuant to the instruc- Instructions tions of Her Majesty's Government, being now embarked in the Bangalore, you will to H. Morris require the master to put to sea in the execution of your orders without delay. re convicts on The enclosure No. 1 is a copy of the order which I issued to this Establishment ship Bangalore. explanatory of the principles and conditions on which these prisoners are to be transferred to Van Diemen's Land. You will have the goodness to hand it with your other Returns to His Excellency the Lieutenant Governor of the Colony. The Inclosure No. 2 is a copy of the address, which I have this day made to the Prisoners. . The Deputy Superintendent of Convicts will hand you a List of the Prisoners embarked in the Bangalore, as well as Lists of the 48 men selected for the station of sub-guards. , Relying with confidence upon your judgment and experience, and mindful that these persons are proceeding under every inducement to conduct themselves steadily, I trust that you will find their behaviour steady and their management perfectly easy. I have, ke., CHAS. ELLIOT, Governor. [Sub-enclosure No. 3.] GOVERNOR ELLIOT TO SIR WILLIAM DENISON. Sir, Bermuda, 9th April, 1848. I have the honor to acquaint you that the Bangalore will leave these Islands Statement re today bound to Van Diemen's Land having on board 203 Prisoners, whom I have convicts sent been instructed by Earl Grey to send on to that destination on the privilege of the from Bermuda ticket of leave, if the report of their conduct during the voyage shall seem to you to Tasmania. to warrant that favour. I have distinctly explained this condition to them both by written order and in person. They have been further informed that Her Majesty's Government has permitted me to recommend to your favourable notice the names of some of them to a condi­ tional pardon at an early date after their arrival. But I have not disclosed those names, thinking that uncertainty in that respect may strengthen the other motives to general circumspection throughout the whole body during the voyage and after their arrival in the Colony. The names recommended to your favourable- consideration for this aet of grace, when you seefit t o extend it, have been conspicuously marked in the list by a red cross. You will observe by the accompanying papers that these prisoners are creditors of the Crown in the considerable sum of £1,071 19s. Hid., and 1 have directed the Assistant Commissary General in charge to acquaint the Commissary in Van Diemen's Land to that effect, and request him, whenever he may make any payments to those parties by your order, to charge the same to the amount of Convict Service at Bermuda. I have also sent forward a guard from this establishment named George Cherry, who hasSE* bee. nI .employe VOL. XXVI—d for som2 Pe months past as a School Master on board one of the hulks directing him to place himself under the orders of the Surgeon Super­ intendent for the police and instruction of the people during the voyage. Mav I request you, if his conduct shall appear to you to merit that consideration, to order him to be paid by the Commissary in Van Diemen's Land at the rate of ,£4Land0 pe; rthi annus amounm frot mals tho teofirst be charge instand tt oto convic the datt service of ehi ast discharg Bermudae .i n Van Diemen's 594 HISTORICAL RECORDS OF AUSTRALIA.

1848. I have thought it convenient to hand to the Surgeon Superintendent the copy ot 8 Sept. the Instruction, which I issued in Xovember last, announcing to the prisoners in those hulks the considerate intentions of Her Majesty's Government in their behalf, Statement re in order that the principles upon which the selection has been made at Bermuda convicts sent may be clearly understood ; and I have requested him to forward that paper to you from Bermuda with his other Returns. to Tasmania. With the sincere hope that results of this experiment may be satisfactory, I have, &c, CHARLES ELLIOT, Governor of Bermuda. Address to [Sub-enclosure No. 4.] convicts trans­ ADDRESS made by Governor Elliot to the Prisoners proceeding to ferred from Yan Diemen's Land on the Ticket of Leave in the Bangalore. Bermuda to I WILL not let you leave this place without personally explaining to you that your Tasmania. lot on arriving in Van Diemen's Land will depend entirely upon the report made of your conduct during the. voyage by the Surgeon Superintendent; all those who behave steadily will land on the ticket of leave, and all those, who have misconducted themselves on the voyage, or after their arrival in the Colony, will return to the condition of Prisoners of the Crown. You should also know that I have been permitted to recommend some amongst you to conditional pardons at an early period after your arrival, if they continue to behave correctly. I hope that those whom I have selected will prove by their conduct that they merit this extended clemency of the Queen. You are now fairly started on the way to freedom and an honest independence, not as beggars, or men utterly without character, but, owing to the munificence and guardianship of H.M. Government during your imprisonment, with some helpfulness in your pockets, and with a still more helpful certificate of industrious and orderly habits, if you seefit to take advantage of it. It will be your own heavy faults, if you throw away these excellent prospects. Be particularly wary of your conduct on arriving at Van Diemen's Land; avoid evil company and idleness (of which there are enough there as elsewhere) as you would dangerous diseases, and remember steadfastly, that the least misconduct by men in your situation must be ruinous to you. Encourage each other, therefore, for right purposes, and recollect that you are only acting justly for the Body of'your comrades and prudently for yourself by discoun­ tenancing and denouncing wrong doers. In your situation, the whole must suffer more or less for the misconduct of the few. Repress it therefore openly and with manly determination, whenever and by whomsoever of your body you see that it is intended. My last directions to you are few and simple. 1st. To do exactly what you are ordered, promptly and cheerfully. 2nd. To deliver up thefirst thief of the smallest trifle to punishment. 3d. To refrain from quarrels or oaths or bad language, remembering that they are disgraceful to you as reasonable beings and serious offences ; and I now in all your presence charge the Surgeon Superintendent to punish thefirst offender in this or any other respect in the most exemplary manner, severity atfirst is mercy at last, and habits of good language and good conduct once acquired are as easily followed as bad habits. 4th. To attend diligently to the schools, to employ your leisure hours in reading good and instructive books, and above all to read your Bibles morning and evening. 5th. To maintain those habits of strict cleanliness, which you have been taught in this establishment. As I have said in one of my, orders to you, remember that, upon your conduct during this voyage and the satisfaction you give where you are going, will probably depend the hope of your fellow prisoners here for a eontiunance of these beneficent Instructions purposes of H.M. Government. re repayment Ship Bangalore, Bermuda, 9th April, 184S. of cost of transport prior [Enclosure No. 2.] to conditional EARL GREY TO SIR WILLIAM DENISON. pardons. Sir, Downing Street, 6th September, 184S. With reference to that part of my Despatch. No. 66 of the 27th of April last, which related to the contribution to be made by future Holders of Tickets of Leave towards the cost of their conveyance, I have the honor to acquaint you that, on consultation with the Secretary of State for the Home Department. I found that the condition of the Convicts was such as did not require or G. GREY TO FITZ ROY. 595 admit of any stipulation with them on this subject, but that the i848. object could most fitly be accomplished by adopting as a part of s Sept. tbe system of Convict Discipline the Rule that no Man should instr,^"^ obtain the benefit of a Conditional Pardon until he had repaid „• repayment out of his previous Earnings the cost of his conveyance. of cost of a r r I enclose for your information the copy of a Despatch to theto Si tionai Governor of Gibraltar, and similar instructions have also been pardons. addressed to the Governor of Bermuda on this subject. You will see that I have directed them to cause all Men henceforward sent from those stations to Yan Diemen's Land to be informed that, before they can acquire Conditional pardons, it will be necessary for them to repay the cost of their conveyance to that place, and, in case they be married men, to repay half the cost of sending their wives and families, unless that amount be contributed from Parishes or from Friends in England. I have also requested Secretary Sir. George Grey to cause similar communications to be made to any Men who may henceforward be sent from this Country with Tickets of Leave. I have now to instruct you to frame, in concert with the Comp- Regulations troller General, such regulations as may appear best calculated to to be issued. give effect to these intentions, and to provide for the regular and gradual collection of the required amounts from the Holders of Tickets of Leave, in such manner as shall not on the one hand be oppressive to them nor yet on the other hand leave the con­ tributions to fall into arrear and thus become more burthensome to the parties. You will be so good as to report to me the mea­ sures you may consider it advisable to adopt with that view. You will also bear in mind the circumstance that the Holders Ticket-of-leave of Tickets of Leave are more completely than others under the men to be control of the Government, and that it is in your power to assign ""ifi?ed t0 to each some definite District within which he will be bound to ls nc s' reside; and you will accordingly distribute the Men into those parts of the Country where they will be most likely to obtain employ­ ment, and be least liable to the temptation to relapse into Criminal courses- I have, &c, GREY. [Enclosure No. 3.1 EARL GREY TO SIR R. WILSON. Sir, Downing Street. 12 Sep., '48. I have the honor to enclose a Parliamentary paper con- Paper trans- taining some important correspondence with the Governors of mittedre New South Wales and Yan Diemen's Land upon Transportation, transportation. and I beg to draw your particular attention to the concluding document in that series of papers being a despatch from me to Sir W. Denison. dated the 27th April last, in which the latest views of Her Majesty's Government on this subject are explained. You will perceive that it is intended that all men who are sent out to conditions for Van Diemen's Land, wh. is considered to be a great advantage to convicts on them, will only be forwarded as holders of Tickets of leave and removal to that they will not be allowed conditional pardons until they have asmania' repaid out of their earnings in their former capacity the cost of their conveyance to Yan Diemen's Land; and that upon a similar principle, while the Government will be willing to defray half the joiexpensn thee mo fi sendinn thatg Islandthe wive, its mus antd familiebe upons othf emarrie conditiod convictn that sth toe 596 HISTORICAL RECORDS OF AUSTRALIA.

184S. remaining half of the charge must either be supplied by the Parishes 8 Sept. or from other private sources in England, or else be paid by the Convict concerned is the same manner as the cost of his own conveyance. Convicts to be informed. You will, therefore, be so good, in hereafter offering to any men the benefit of being sent to Yan Diemen's Land with Tickets of Leave, to explain to them that, before they can acquire conditional pardons, it will be necessary for them to repay the cost of their conveyance to that place, and in case they may be married men to repay half the cost of sending their wives and families, unless that amount be contributed from parishes or friends in England. I am, &c. — GBEY. EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 159, per ship Thomas Henry; acknowledged by 12 Sept. Sir Charles Fitz Roy, 1st May. 1849.) Sir, Downing Street, 12 September, 1848. Letter transmitted. I transmit to you herewith an extract of a Letter addressed to Lieutenant Colonel Perceval, in reply to an enquiry which he made at the Office of the Secretary at War, respecting " Matthew Morrison," who appears to have been transferred from the 99th Foot to the Mounted Police Force in Xew South Wales, and I bave to request that you will cause the necessary enquiry to be made and furnish me with the particulars of such information as you may be able to obtain respecting this person. I have, &c, [Enclosure.] GREY. EXTRACT of a Letter from A. G. Carmichael, Esqr., to Lieut. Coll. Perceval, dated War Office, 29th July, 1848. Report re " I AM directed by Mr. Maule to inform you that, according to your M. Morrison. request, he has made enquiry respecting Matthew Morrison, the writer of the letter from Emu Plains, New South Wales, and has ascertained that he belonged to the Mounted Police in that Colony, a force composed of Soldiers taken from the Regiments stationed there. " He is borne on the returns of 99th Foot to the 31st Deer.. 1846, as effective with the Police; but, after that date, the Police cease to be borne on the Regimental Returns, and the War Office has therefore referred all similar enquiries to the Colonial Office."

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 160, per ship Thomas Henrv; acknowledged by Sir Charles Fitz Roy, 9th May. 1849.) 13 Sept. Sir, Downing Street, 13 September, 1848. Vote for pas­ The Vote of a moderate amount for the conveyance of sages for families of Convicts' Wives and Families to New South Wales and Van convicts. Diemen's Land having been agreed to by the House of Commons, I proceed to convey to you some Instructions on that subject. I have received from you the various Despatches enumerated in GREY TO FITZ ROY. 597

the margin,* the first of them containing a Public Notice which 1848. you had issued, and the remainder accompanied by lists of Con­ victs to whose Wives and Families you recommended that a free passage should be granted. I regret to perceive by those Despatches that you have con- interpretation

strued more largely than they were intended the Instructions °e passages'for conveyed to you upon the 24th March, 1847. The meaning of fa™^|o1 those Instructions was merely to revive the former practice of granting free passages to the Wives of Convicts as a reward for good Conduct. It was never intended to grant that boon to all who might apply for it and who had merely avoided gross mis­ conduct. Nor would it be proper to extend the advantage to men who had been so long in the enjoyment of liberty as to have had the opportunity, if industrious, of making large savings to meet the expense of the Passage of their own Families. Much as I shall regret the disappointment, which may result Necessity for from the effects of the wide construction put upon my former fr^plssages. directions, I fear that it will be impossible for the Government to grant Free Passages in so indiscriminate a manner as would result from complying with the whole of these applications. Some of the Convicts recommended appear to have been sent out 19 or 20 Years ago, and a large portion of them 12 Years ago. But, as none of the later lists sent home by you specify the date of arrival, it has been necessary for me to refer to the Home De­ partment to endeavour to obtain that information. Immediately on its receipt, I shall communicate to you the selection which Her Majesty's Government may be able to make out of these Lists; but, in the meanwhile, I have to instruct' you to withdraw the notice which you issued on the subject, and Notice to be to abstain from complying with any more applications from Con- TppiicatTons" victs for receiving their Wives and Families until it shall more refused. clearly appear how far the existing Funds will admit of fulfilling the expectations held out to the persons whom you have already recommended. And, in case of the future resumption of the practice of making such recommendations, it will be necessary Details required that the Lists should specify exactly when the men arrived and n^1/*!0™' how long they had been the Holders respectively of Tickets of Leave or Conditional Pardons. I have, &c, GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 161, per ship Thomas Henry.) Sir, Downing Street, 14 September, 1848. 14 Sept. With reference to my Despatch, No. 114 of the 14th of July last, I herewith transmit for your information and guidance » Marginal note.—'So. 197, 7 Oct. ; 251, 20 Novr., 1847 ; 8, 10 Jany. ; 54, 29 Feby. ; 74, 29 March, 1848. 598 HISTORICAL RECORDS OF AUSTRALIA.

1848. the Copy of an Order passed by Her Majesty in Council, under 14 Sept. date of the llth August last, for including in the Settled Transmission of Districts of New South Wales certain lands in the Townships order-in-council, of Belfast and Warnambool, and I have to desire that you will take the necessary steps for the promulgation of Her Majesty's Order in the Colony under your Government. I have, &c, GREY. [Enclosure.] Order-in-council ORDER-IN-COUNCIL. re lands in At the Court at Osborne House, Isle of Wight, townships of Belfast and the llth day of August, 1848. Warnambool. PRESENT :—The Queen's Most Excellent Majesty; His Royal High­ ness Prince Albert; Lord President; Duke of Norfolk; Marquis of Clanricarde ; Lord Steward ; Lord Chamberlain ; Earl of Auckland; Lord Palmerston ; Lord Campbell; Sir George Grey, Bart. Whereas by an Act passed in the Session of Parliament holden in the ninth and tenth years of the reign of Her present Majesty, intituled, " An Act to amend an Act for regulating the Sale of Waste Land belonging to the Crown in the Australian Colonies, and to make further provision for the management thereof," after reciting that it might be expedient that various Rules and Regula­ tions should be made respecting the division of the said Colonies into Districts within which alone the Demises or Licenses men­ tioned in the said Act might be made to take effect; it was enacted, that it should be lawful for Her Majesty, by any Order or Orders in Council, to make and establish all such Rules and Regulations as aforesaid, as to Her Majesty should seem meet; and any such Rules and Regulations again to repeal, renew, alter and amend, and that all such Orders in Council should have the force and effect of laws in the said Australian Colonies. And whereas, by an Order in Council made in pursuance of the powers given by the said Act, it was ordered that the Lands in the Colony of New South Wales should, for the purposes of the said Order, be considered as divided into three classes, and be dealt with accordingly as they might be situated in Districts to be denominated respectively as the Settled, the Intermediate and the Unsettled Districts, and it was ordered that the Settled Districts should comprehend certain Lands therein mentioned. And whereas it is expedient to include within the said Settled Districts certain Lands not already included within the same. It is therefore hereby ordered, by The Queen's most Excellent Majesty, by and with the Advice of Her Privy Council, that from and after the proclamation of this Order in the said Colony, and the lapse of Six months next after this Order shall have been laid before Parliament, the said Settled Districts shall comprehend, in addition to the Lands already comprehended therein, the fol­ lowing Lands, viz.:— lst. The Lands which may be within the distance of 10 miles from a point to be specified by the Governor in the Town or Township of Belfast, in the District of Port Phillip. 2d. The Lands which may be within the distance of 10 miles from a point to be specified by the Governor, in the Town or Township of Warnambool, in the sameC .District C. GREVILLE. . GREY TO FITZ ROY. 599

EARL GREY TO SIR CHARLES FITZ ROY. 1848. (Despatch No. 163, per ship Thomas Henry.) 16 Sept. Sir, Downing Street, 16 September, 1848. I have the honor to acknowledge Your Despatch, No. 252 inability to of the 21st of December last, submitting for consideration the for lree applications of Ann Lear and Garratt Mallow to have free pas- Passa«es. sages granted to some of their Relatives in this Country, and I regret to acquaint you that I do not feel myself at liberty to •comply with these applications. I have, &c, GREY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch JSO. 201, per ship Ralph Bernal; acknowledged by earl Grey, 20th April, 1849.) My Lord, Government House, 18th September, 1848. is Sept. I have the honor to transmit the copy of a Despatch Transmission of addressed by the Superintendent of Port Phillip to the Colonial j°Bingley re Secretary of this Government, forwarding a letter to Your Lord- land- ship from Mr. John Bingley, an inhabitant of Melbourne, com­ plaining of his treatment by the local Government relative to certain land he had applied to purchase. Your Lordship will perceive, from Mr. La Trobe's letter, that the claims, which Mr. Bingley has brought forward, have given rise to a prolonged and voluminous correspondence between Mr. La Trobe and Mr. Bingley, respecting which repeated appeals and references have been made to myself. As, however, Mr. La Trobe in his present communication reports fully on the case, it does not appear to me that it could be brought more clearly under Your Lordship's consideration, were I to trouble you with copies of that correspondence, or with any observations of my own. It is merely necessary to explain that, concurring Approval of entirely in the propriety of the view takentoy Mr . La Trobe, I c^J^La Trobe. declined to interfere in Mr. Bingley's favor; and the result has been that,finding it useless to apply further to myself, he now appeals to your Lordship in the hope of obtaining a more favor­ able decision. I have, &c, [Enclosures.] CHS. A. FITZ ROY. [Copies of these letters, dated 25th and 12th July, 1848, will be found in a volume in series III.]

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 165, per ship Thomas Henry.) Sir, Downing Street, 19 September, 1848. 19 Sept. I herewith transmit to you the copy of a Letter from the Secretary to the Lords Commissioners of the Treasury, enclosing 600 HISTORICAL RECORDS OF AUSTRALIA.

1848. the copy of a Communication from the Board of Customs, with 19 Sept. a Commission and Instructions for Mr. Hugh Miller Guthrie, ^ointment of as Landing Waiter and Tide Surveyor at Williams Town in the H. M. Guthrie. port 0f Melbourne; and I have to desire that you will cause the necessary directions to be given for the admission of that Gentle­ man to the Office to which he has been appointed. I have, &c., GREY. [Enclosure.]* MR. G. J. PENNINGTON TO UNDER SECRETARY MERIVALE. Sir, Treasury Chambers, 23d Augt., 1848. Letters trans­ I am commanded by the Lords Commissioners of Her Ma­ mitted from jesty's Treasury to transmit to you the enclosed Communications board of customs. from the Board of Customs, dated respectively the 17th and 18th In­ stants, containing Commissions and Instructions for the Parties undermentioned, viz.: For Mr. Boyd, as Warehousekeeper in the Port of Launceston, Van Diemen's Land, and For Mr. Henry D'Arch as Collector at Hobart Town. And I am to request that you will move Earl Grey to cause the requisite Instructions, in regard to the admission of those Officers, to be conveyed to the Lieutenant Governor of Van Diemen's Land. I have, &c, [Sub-enclosure No. 1.] G. J. PENNINGTON. MR. W. MACLEAN TO MR. J. PARKER. Sir, Custom House, London, 17 August, 1848. Appointment The Lords Commissioners of Her Majesty's Treasury having been pleased by to customs their Warrant, dated 7th instant, to appoint Mr. John Boyd to the situation of department of Warehousekeeper in the Port of Launceston, Van Diemen's Land, J. Boyd ; I have it in command to transmit herewith a Commission and Instructions for Mr. Boyd, and to signify the request of the Board that their Lordships will cause the necessary measures to be taken for the purpose of having the same forwarded to the Lieutenant Governor of Van Diemen's Land, in order that His Excellency may issue the necessary directions for the admission of Mr. Boyd to the Office to- which he has been appointed. j __„. »,„ W. MACLEAN. [Sub-enclosure No. 2.] MR. W. MACLEAN TO MR. J. PARKER. Sir, Custom House, London, 18th August, 1848. and of The Lords Commissioners of Her Majesty's Treasury having been pleased' H. D'Arch. by their Warrant, dated 28 Ultimo, to appoint Mr. Henry D'Arch to the situation of Collector at Hobart Town, Van Diemen's Land, I have it in command to transmit herewith the necessary Commission and Instructions for the Party in question, and to signify the request of the Board, that their Lordships will be the means of causing the same to be forwarded to the Lieutenant Governor of Van Diemen's Land, in order that His Excellency may give- directions for the admission of the Party to the situation to which he has been, aPpointed- I have, ke., W. MACLEAN. * Note 42. GREY TO FITZ ROY. 601

EARL GREY TO SIR CHARLES FITZ ROY. isp. (Despatch No. 107, per ship Thomas Henry; acknowledged by Sir Charles Fitz Roy, 29th February, 1849.) Sir, Downing Street, 20 September, 1848. I transmit to you the accompanying copy of a Memorial, Transmission with its enclosures, which I have received from Mr. Robert ofmemorial - Brown, part Owner and Master of the " Lord Auckland," con­ taining an application for a balance of money which he states to be due to him on account of Freight in virtue of his agreement with the New South Wales Government. I have to request that you will furnish me with a report upon the circumstances of this case. I have, &c, GREY. [Enclosure.] THE humble Memorial of Robert Brown, part Owner and Master Memorial of of the ship " Lord Auckland." eiaimin^bai- To the Right Honorable Earl Grey, principal Secretary of State for »eeof freight the Colonies. Auckland. Your Memorialist begs respectfully to state that, on the 21st October, 1846, he tendered (as per copy of tender enclosed) his Ship the " Lord Auckland," 516 Tons, to the Government Autho­ rities at Sydney, New South Wales, at 20s. per Ton per Month to accompany an expedition with a view of forming an establish­ ment at Port Curtis, North Australia, which tender was accepted on the 26th October, and a Charter party in conformity thereto was drawn out and executed by Mr. Commissary Ramsay and Your Memorialist on the 20th Novr., 1846, which Charterparty expressly states the Voyage to be from Sydney to Northern Aus­ tralia and back to Sydney, Port Jackson, and there to be dis­ charged; a Copy of which Charterparty is enclosed. In further­ ance of which Charterparty, the Ship sailed from Sydney on the 9th January, 1847, having Colonel Barney the Governor of North Australia on board, and arrived safely off Port Curtis on 25th January; and, while entering the Port guided by Flinders Chart and under the approval of Colonel Barney, the ship suddenly shoaled the Water and unfortunately struck; on the 26th, she was got off, but on the ebb tide she struck again and was finally got off on the 30th; from the lst February to the 21st February, the leak kept decreasing and from that date to the 17th March she was quite tight; but, on the 17th March, she suddenly commenced leaking, presumed from the Sea Weed, Mud, or something else having washed out of the leaks made while on the ground. Up to the 22d March she was waiting the Governor Superintendent's Orders and on'that day your Memorialist received orders to take her to'the Settlement and land remainder of Cargo, which was done- and while discharging Cargo on the 15th April, Your Memorialist received an Order from the Government Agent to discontinue the same and prepare to reload the Ship, he having received Instructions from Her Majesty's Government to abandon the Settlement; but at this time the Ship was making Six Inches Water per hour, and it would not have been safe to have reloaded 602 HISTORICAL RECORDS OF AUSTRALIA.

1848. her until her bottom was looked at, which Your Memorialist stated 20 Sept. to the Colonial Secretary at North Australia; and, on the 19 Memorial of April, an Order was received to continue to discharge. On the R. Brown lst May. Your Memorialist was surprized to receive a letter claiming bal­ stating that, as the Ship was unable to proceed to sea, the ance of freight on ship Lord Charterparty was considered void from that day. Your Memo­ Auckland. rialist remonstrated, and on the 13 May gave notice that the leak was stopped, and the Ship was perfectly tight and in every way seaworthy and ready to reship the Stores; in reply to which, Your Memorialist was informed that the Governor had no Instructions to give. On the 22d May, the Ship being perfectly tight, we put to sea to return to Sydney; but, in consequence of meeting very bad weather, the Ship recommenced leaking, and it was found absolutely necessary for the safety of those on board to return to Port Curtis and heave the Ship down, which was done on the 19th July and the Ship repaired; from that time to the 10th Aug. refitting Ship, etc.; on the 21st, sailed from Port Curtis and arrived at Sydney on the 20th September, and on arrival there Your Memorialist made application for the balance of freight up to the 20th September, as per Charterparty, £3,096; but the Authorities would only pay freight up to the 3d May, leaving a balance due of £2,356 8s. Now your Memorialist begs respectfully to submit that, the Ship being perfectly tight, firm, staunch, substantial both above and below water, and in every respect seaworthy and well equipped on her leaving Sydney, Your Memorialist cannot be considered respon­ sible for any accident that might occur during the voyage, and, as the damage occurred in following out Her Majesty's Service and everything in the power of Man was done by Your Memo­ rialist and his Crew to expedite the repairs, and that, but for the Settlement having been abandoned, the Authorities would have used the Ship on her return voyage to Sydney, and as the Charter- party expressly states she is to be discharged in Sydney, Your Me­ morialist humbly prays your Lordship wiU be pleased to take this case into your Lordship's consideration and pay your Memorialist the balance of his freight. In support of the foregoing Statement, Your Memorialist begs to lay before Your Lordship Copy of the Tender of tbe " Lord Auckland"; Copy of Mr. Commy. Ramsay's acceptance thereof; Copy of the Charterparty; Protest; and Particular[Sub-enclosurs of Claim. e No. 1.] MR. R. BROWN TO DEP.An dCOMMISSARY-GENERAL Your Memorialis RAMSAY.t as in duty bound, etc., Sir82, Cornhill, 9 September, 1848. Sydney, 21sROBTt October. BROWN, 1846.. Tender of ship I beg to tender my Ship, the " Lord Auckland," AI, built at Calcutta of lord Auckland. Teak, 516 Tons Old measurement, and 628 Tons New Measurement, for the service of the Government, at the rate of One pound per Ton per month, Old measurement, or seventeen shillings per Ton per month new measurement. One Month's Charter to be paid in advance, and the Ship to be paid off at Sydney. The "Lord Auckland" now lies at the Circular Wharf, ready for Survey. I am, &c, ROBERT BROWN, of the " Lord Auckland." A true copy—T. W. RAMSAY, D.C.G. GREY TO FITZ ROY. 603 I. Sub-enclosure No. '-.J 1848. DEP. COMMISSARY-GENERAL RAMSAY TO MR. R. BROWN. Sir, Commissariat Office, Sydney, 26 October, 1846. I have to inform you that your Tender dated 21-t Instant, of the ship Acceptance "Lord Auckland," for the Service of the Government at the rate, of one pound of tender. Sterling per Ton, Old Measurement (viz. 516 Tons) per Calendar Month, is accepted, and, according to the Conditions, the payment will commence on the 26th November proximo. I have, ke., A true Copy—T. W. RAMSAY, D.C.G. T. W, RAMSAY, D.C.G1. [Sub-enclosure No. 3.] CHARTER-PARTY. Charter party ARTICLES of Agreement, indented, had, made, agreed, and concluded upon, this °f s^iP Lord 20th day of November in the year of our Lord'1846, between Thomas Wharton Auckland. Ramsay, Deputy Commissary General for and on behalf of Her Majesty, on the one part, and Robert Brown, of the good ship " Lord Auckland," of the burthen of 516 Tons by Register, now lying in Port Jackson, of tbe other part. The said Robert Brown, in consideration of the Freight or Passage money hereinafter ex­ pressed to be paid and payable to him, doth hereby for himself, his Executors, Administrators and Assigns, Covenant, promise and agree to and with the said Thomas Wharton Ramsay, in manner following:—That is to say, that the said Ship or Vessel, called the " Lord Auckland," is tight, firm, staunch, substantial both above and below water, and in every respect seaworthy, and well equipped and manned for the Voyage hereinafter mentioned; and that he, the said Robert Brown, will take in and on board the said Ship or Vessel at Sydne}', Port Jackson, all such and so many Persons, Stores, Provisions, etc., as may be ordered for the purpose of proceeding in the said Ship or Vessel from Sydney, Port Jackson, to Northern Australia; and that he, the said Robert Brown, shall and will provide during the said Voyage a sufficient quantity of Water for every Person embarked, in not less quantities than three-fourths of a gallon, imperial measure, per day, for each Person, and more if circumstances will permit; and a sufficient and proper number of Water Casks, Cooking Apparatus, Fuel, Bowls, Spoons and Platters, to and for the use of the said Persons ; and shall further issue or cause to be issued to each Person embarked as aforesaid the daily quaitity of Water abovementioned, and also daily regular Rations of Provisions, according to the Scale hereunto annexed ; and also the said Robert Brown shall and will find and provide for the said Persons embarked on board the said Ship or Vessel, such Cabins as have been selected by the Inspecting Officers, namely: the same to be for the exclusive use and enjoy­ ment of the said Persons respectively during the whole of the said Voyage; and also that he, the said Robert Brown, shall, during, the whole of the said voyage, reserve between decks such spaee and dimension of room as has been pointed out by the Board of Survey for the accommodation of the said persons, the same to be for their exclusive use and enjoyment during the whole of the said voyage ; and that he, the said Robert Brown, will have the said Ship in readiness for the embarkation of the Stores, Persons, etc., by the thirty-first day of December, A.D. 1846. and shall and will set sail from the harbour of Sydney, Port Jackson, and proceed to the Port in Northern Australia pointed out by Colonel Barney, or other Competent Authority, on thefirst day of January, 1S47, Wind and Weather permitting, or so soon there­ after as wind and weather will permit; and that he shall and will forfeit and pay at the rate of four pence per Register Ton per Day for each and every Day he shall or may wilfully or negligently delay sailing from Sydney, Port Jackson, or from Northern Australia, when ordered so to do; and that, immediately after his setting sail and departing from Sydney, Port Jackson, aforesaid, he, the said Robert Brown, shall and will proceed forthwith, and with all due diligence and speed, to Northern Australia aforesaid, and there land, when ordered, the whole of the Persons, Stores, Provisions, etc., and shall also take on board at Northern Australia all such Persons. Provisions, Stores and other Articles as may be shipped on board the said Vessel at Northern Australia, and return thence, with all diligence, to Sydney, Port Jackson, there to be discharged; he, the said Robert Brown, undertaking to forfeit and pay one-third part of the whole Freight, herein­ after stipulated to be paid to him, in case he should land any or either of the said Passengers, Stores, etc., at any other place than that of the port in Northern Australia aforesaid, unless he, the said Robert Brown, should be so ordered by any competent authority, or unless compelled to do so by any accident of the Seas, or other unavoidable Calamity; And the said Thomas Wharton Ramsay doth hereby, for and on behalf of her said Majesty, Covenant, promise, and agree to and with the said Robert Brown, his Executors, Administrators, and Assigns, in manner following; That is to say, that he, the said Thomas Wharton Ramsay, or his Successor in Office for the time being, shall and will truly pay or cause to be paid tFivoof Onthe eehundre saipound dRober anSterlindt SixteeBrowng penr , Tonpoundhi,s ExecutorsO.M.s Sterlin, perg, CalendaAdministratorsper Calendar Montr h,Month foor thAssigns, ebein Hirg,e thaotfe th suee saimrat deof 604 HISTORICAL RECORDS OF AUSTRALIA.

1848. Vessel, for the conveyance, etc., of the Persons, Stores, etc., from Sydney, Port 20 Sept. Jackson, to Northern Australia, and back again to Sydney, Port Jackson, afore­ said, in manner following, that is to say: One month's Freight or Passage Money Charter party to be paid to the said Robert Brown, upon the said vessel being taken into pay, of ship Lord namely, on the 20th day of November instant; and should the Vessel be detained Auckland. in Sydney after the 20th day of December, A.D. 1846, One other Month's Charter to be paid to the said Robert Brown, by a Bill, at par, to be drawn by Thomas Wharton Ramsay aforesaid, in favour of the said Robert Brown, upon the Lords Commissioners of Her Majesty's Treasury, or in Specie if required, and the remaining Freight or Passage Money to be paid by Thomas Wharton Ramsay aforesaid, when and so soon as the said Robert Brown shall have passed his Ship's Accounts at the proper Office in Sydney; and, upon the production of a Certificate from the Commanding Officer on board of the terms of the Agreement having been satisfactorily performed on the said Voyage, and another from the senior Com­ missariat Officer at Northern Australia aforesaid, to the effect that the Provisions, Stores, etc., shipped at Sydney have been duly accounted for. In the event, how­ ever, of the Vessel being detained for an indefinite period at Northern Australia, one month's Charter at a time will be paid to Robert Brown by Thomas Wharton Ramsay aforesaid, upon the production of a Certificate from the Senior Com­ missariat Officer at Northern Australia, that the said Vessel was employed up to- the date of the said Certificate, and which Certificate must not be granted until cn or after the twentieth day of each month, and not before the twentieth day of February, A.D. 1847; and the said Thomas Wharton Ramsay shall and will provide and cause to be shipped on board the said Ship or Vessel from the Com­ missariat Stores in Sydney, Port Jackson, such Provisions, Medicines, and Medical Comfort, as may be required to and for the use of the said Persons so to be embarked on board the said Vessel at Sydney, Port Jackson, during the voyage aforesaid. CHAS. WOOD, D.A.C.G. In Witness whereof, the said Parties to these Presents havT. eW .hereunt RAMSAYo .se t their AHand truse anCopy—Td Seals., thIVe. DaRAMSAYy and, YeaD.C.Grfirst . above written. ROBERT BROWN. Signed, Sealed and delivered in the presence of [Sub-enclosure No. 4.] Statement STATEMENT OF CLAIM. of claim by THE Lords Commissioners of the Admiralty on behalf of Her R. Brown. Majesty's Government. Dr. to Robert Brown, Master and Owner of the " Lord Auckland." To Freight under -a Charter for Time from Sydney to Northern Australia and back again to Sydney from 20th November, 1846, to 20th September, 1847, the date of her return back to Sydney at the Monthly rate of £516 per Calendar Month, 10 Months £5,160 0 0 Less received on Account 2,803 12 0 £2,356 8 0 [Sub-enclosure No. 5.]

Protest re ship PROTEST Lord Auckland. BY the Public Instrument of Protest, hereinafter contained or annexed hereto. Be it known and made manifest unto all people that, on the seventeenth day of January in the year of Our Lord, One thousand, eight hundred and forty-eight, personally came and appeared George Cooper, Notary Public, duly authorized, admitted and sworn, residing and practising at No. 555 George Street, Sydney, in the Colony of New South Wales, Robert Brown, Master of the Ship or Vessel, the Lord Auckland, belonging to the port of London, James William Usher, Chief Mate, and Alexander McDonald, Carpenter of the said Vessel, who did severally duly and solmenly declare and state as follows:—that is to say that these appearers and the rest of the Crew of the said Vessel set sail in her from Sydnev aforesaid on the ninth day of January, one thousand eight hundred and forty seven (nautical time), laden with Government Stores, bound on a voyage to Port Curtis in North Australia, the Vessel being then tight, staunch and strong, well manned, victualled and found, and in every respect fit to perform her said intended voyage; that they proceeded on their voyage with variable weather and winds until the 25th day of the said month, which commenced with a fresh breeze and fine weather, the ship running along the Land with all GREY TO FITZ ROY. 605

probable sail set to make Port Curtis; at 5 p.m. began to shorten sail, took in 1848. the studding sails; at 6 took in the topsails, jib, and mizen; at 6.15 saw 20 Sept. Mount Larken distant 20. Leagues and Galcombe Head bearing due West distant about 6 Leagues; set the mizen, took in the Courses and hove the Protest re ship fore yard to the mast; Ship's head north, north east, sounded in 17 fathoms, i,orai Auckland. small bright sand; at 4.30 a.m. bore away under the topsails in order to make Galcombe Head at day light. At 6, got an observation and found the longitude to be 151° 24' 45" East; at Noon latitude observed 23° 48' 30" South; hauled the Ship by the Wind and stood in towards Galcombe Head ; stood with nine fathoms ; at 1 p.m. tacked and stood off the land ; at 2 tacked again and stood in towards the entrance of Port Curtis; at 3 p.m., while steering direct for the channel considered by Captain Brown and Colonel Barney (The Governor of North Australia) to be correcet by Chart, namely, Flinders Chart, with additions by Captn. Blackwood up to 1844, being then before them, and they pricking off the course, and the Leads going on each side, the Ship suddenly shoaled to seven fathoms; the helm was immediately put down hard a lee, but before the Ship came round to the wind, she struck in 3 fathoms; the kedge and warp were immediately taken out into deep water, and the Crew endeavoured to heave her off but without success; sent down the top yards and masts; got out the Whale Boats and Colonel Barney, family and suit left the ship and landed near Galcombe Head; got out the long boat and landed five Soldiers with their Wives and Children, tents and part of their baggage; Sounded all round the Ship at low water, and, when the long boat came off, carried out the Stream anchor and Cable and placed it in the deepest water and best position that could be found in order to heave the Vessel off in case she should float next tide ; that, during the whole tide, the swell was very heavy; the Vessel kept striking heavily on the sand and most of the sheathing floated up alongside. Sounded the Well regularly every hour, and found the Vessel made five inches of water per hour, and that the leaks were increasing as both pumps were constantly at work and could but just keep her free; at 10 p.m., finding that nothing more could be done until next tide, stowed the Sails, cleared the Decks and made all ready for heaving off if the tide flowed sufficient; set the Quarter watch and part of the Soldiers at the Pumps and sent the rest of the Crew below ; at midnight, the wind increased with Squalls, the surf breaking heavily over the Shoals. On the 26th January, after 2 a.m. the Wind freshened and blew in squalls with rain; at 3 a.m. endeavoured and hove the Vessel off the Ground, but could not fine a passage, and the ebb tide coming out strong she struck again very heavily on the bank; got out the kedge and warp again, and hove it well taut; broke the warp and lost it and the kedge; at this time the surf was heavy, the ship kept striking heavily all the ebb and the leaks began to increase; kept the pumps constantly going with 20 additional men, landed all the passengers, baggage, etc., and cleared the deck; at 2 p.m., they have taut the stream cable in order to heave off the Ship, and at 3 p.m. she floated again but kept striking all the while very heavily; at 4 p.m. the ebb tide came out and the Vessel grounded again ; at i past 10 P.M. a dreadful storm of thunder and lightning and heavy squalls of wind with rain; at midnight a heavy gale, the sea breaking furiously over the Ship; That, at 4 p.m. on the 27th January, they hove the Stream Cable taut and used their best endeavours to heave the ship into deep water; that, as the tide flowed, the sea being heavy, the Ship struck with great violence and began to make more water; sounded and found the leaks gaining on the pumps; that at 6 a.m. the Vessel began to start and they made all possible sail; at I past 6, the Vessel started off the shoal; that they hove up the stream anchor and steered into the deepest channel they could find, but had not proceeded far when the vessel struck abaft and swung round on her keel and hung there ; that they could not observe from aloft any passage out of the shoal, and, as the tide began to fall rapidly, they clewed up the sails till next tide and shifted the stream anchor into the deepest channel; that, during the remainder of the day, the Crew were employed in hoisting out the heaviest of the Cargo and landing it, and hoisting up the water and stacking it on deck in order to lighten the Ship ; that at 5 p.m. the ship floated but immediately on getting sail on her she grounded again fast and struck heavily all the tide, making at this time two feet water, and gaining considerably on the pumps; hove the water Casks to the extent of upwards of 20 Tons over board in order to clear the Decks ; at midnight a Gale with thunder and lightning; that, on 28 January at 6 a.m., they made all possible sail on the Ship and she beat over the shoal into deep water; that they steered in for the land but found a very awkward zig-zag channel oi 34 to 4 fathoms water; that they got into 7 fathoms water and let go the Anchor; but, before they had veered out 25 fathoms cable, the \ essel struck abaft on a bank of %\ fathoms; that they then hove in some of the Cable again and the Ship swung clear; that they then stowed the sails and started the beactchackleothecargaotn "thvthisuck ho haesfroi sntimd ;groun omcasthftha e th thethd tsatisfactioe thee everthextrem Cablepump eleak yspar e sloes annwershoule endw dtwateo handespu sedoworke tfers increas ththeowerned m shipumpth ewite i epnemployean h starboaris again dredouble suckordethne d ; ridshi n ithatd nsideop orde vigourteaslandincoul ,thr e an dether ,dogShi no bu,Slimadt thptan bp estilecoul d an heavieskepabousufficienld kep tnoru ttree tnt midnigh tstrikingeo o;nfwate t tha ththheergtr 606 HISTORICAL RECORDS OP AUSTRALIA

1848. to cause both pumps to be kept constantly at work ; that on the 29th Jany. the 20 Sept. sn'P was making 15 inches water per hour ; that at 6 a.m. the Chief mate with ' a boat and Crew went away to sound and survey the Bar and to endeavour to find Protest re ship a channel into the Harbour ; that he returned to the Ship at 10 a.m. and reported Lord Auckland 21 Ieet water or a oar inside the Harbour and about half way across the Channel; that upon this they commenced to lighten the Ship aft and got her upon even keel; that they got out the stream anchor in order to get her underweigh, but found that the ebb tide had come out too strong ; that the pumps were kept continually at work and were just able to keep the Ship free ; that, on the 30th January, a fresh breeze from South South East prevented them from returning to get under­ weigh ; that the Crew were employed in making ready for weighing and seeing that the Sails were ready to set as quickly as possible, as the ship had very little room and hardly sufficient water to get under weigh with safety; that in the night the Ship struck heavily at Low Water; that, at 5 a.m., 31 January, they hove in some Of the Cable and set the sails and made all ready; at 6 Captain Day came on board at Captain Brown's request with 10 extra Men to assist; at 8.15 got underweigh and the wind being nearly contrary made a board over towards the land and tacked towards the Harbour in three and a half fathoms; at 8.30 rounded Galcombe Head and sailed safe into Port Curtis, sounding in 13 and 14 fathoms nearly a mile up in mid channel; at 9 anchored in 12 fathoms at low water about J of a mile from Facing Island and about one mile up the Harbour; the leaks decreasing, sounded the pumps and found the Ship only making 6 inches water per hour. That on the lst February they found the leaks decreasing, and on sounding the pumps regularly found the ship was making 4 or 5 inches of water per hour ; that they examined the Cargo in the hold and found several parcels, Chests and Bales wet; That during the time the Vessel was on the Shoal she made an immense quantity of water, nearly all the Soldiers being kept constantly at the pumps; that, after the Vessel was got afloat, she took up to 5 or 6 inches water and the leaks gradually decreasing until the 21st February, when the Ship was quite taut, and continued so until the 17th March, when, on sounding the pumps at 6 a.m. as usual, they found 22 inches water in the well, which these appearers are of opinion arose from Sea-weed, Mud or something else being washed out of. the casks the vessels sustained during the time she was striking and beating off the reefs at the entrance of Port Curtis; that both pumps were set at work and freed and on sounding again found 8 inches, at which the pumps sucked ; at 8 a.m. an hour afterwards sounded again and found 15 inches ; pumped the Ship out again and sounded regularly every hour and found she made 5^ inches per hour at which she continued. From the time the Ship anchored up to the 22d March, the Ship was waiting the Superintendent's orders, the Crew being employed in landing provisions as required for the use of the Settlement and otherwise employed as Colonel Barney required. That, on 22 March, having received order from Colonel Barney to take the ship to the encampment, they proceeded and anchored there on the 25th and continued there landing stores, etc., until the 3d May ; that, from this day to the llth, the Crew were employed in discharging ballast and getting all clear for going into the Creek; that on the llth they proceeded into the Creek and moored alongside the Bank ; that on the 12th they hauled the Ship's Stern on to the Bank, and, finding the leak in the stern post, proceeded to stop it but could not complete the repairs before the tide began to flow; on the following tide, finished the repairs and stopped the leak, and having to all appearances made the ship tight, got under weigh and proceeded into the river; that, in going into the Creek, the best Bower Anchor stock was broken; from this day to the 21st May the Crew employed in ballasting the Ship, making ready for Sea and proceeding down to Galcombe Head, outside of which they anchored in 5 fathoms; That, on the 22d at Sunrise, the said Ship set sail for Galcombe Head with a fresh breeze from South West and Westerly; that at 9 o'clock a.m. they got clear out of the Reefs and Shoals through a narrow channel, varying suddenly from 6 to 3 fathoms; took in the long boat, cleared the decks and shaped a course for Elliotts Island; at noon 23 May (nautical time) Galcombe Head veering west by South distant 5 leagues, they made all possible sail steering for Elliotts Island. That at 5 p.m. black heavy clouds arose in the South; at 5J it fell a dead calm, took in top gallant sails, courses and jib and lowered the topsails on the Cap; at 6 p.m. a heavy squall came on from South South West, took in 2 reefs and at 7 set the courses; at 8 pumped Ship at 12 inches; at 9 a heavy cross Sea, and the Ship began to' pitch heavily; at 10 less wind but much rain; Sounded the pumps and found 18 inches water; set on both pumps and at 10.45 the pumps sucked; at 11.30 sounded again and found 15 inches ; set on both pumps again, and at 12 they sucked, at this time the breeze was increasing; at 1.30 a.m. sounded and found 22 inches in the well; set on the pumps, but the leaks increased so fast that they were kept continually at anweathefindingworaboud ktth foun tilr2e lthawindBanker miles 6t 2a.md 1th ,blowininche se.calle leakwheGroupsds ng iincreasealna,s olthsmal considere stronhande lWeld s gIslan s loanfro d fasanddim td woran ththaquitsedeet t ree e Southwarshio botnfimpruden pbot hbein tpumpoh g Westwardd pumps seetstha ncoultt o o; thn keed ; Thaeth hardl paShi et th lep7thesye woula.mkeebordShie p.pappearerd , hesoundeadistanhardltr freeSeadyst , GREY TO FITZ ROY. 607

as m ease of bad weather continuing it was more than probable that the leaks 1848 would increase and the Ship founder at Sea, and they therefore bore awav for Port 20 Sept Curtis again; that the Pumps were kept continually at work from 1 till noon ' before they sucked; that on 24 May with fresh breezes and clear weather they Protest re ship were proceeding back to Port Curtis, but could not carry sufficient sail to reach it iord Auckland before dark, in consequence of being unable to keep the Ship free from Water, although both pumps were kept continually at work. That at 5 p.m. they hove the Ship's head to West South West, the leaks increasing ; that at 7 they fell in with the Cutter Harriett, hailed her, and, as serious apprehensions for the safety of the Ship and Crew were entertained from the encreasing of the leaks, this appearer Robert Brown engaged the Cutter to stay by them during the night and see them safe into Port Curtis; at midnight clear weather but squally; both pumps were kept going without intermission all night; signals and lights were also kept up all night with the Cutter; at 6 a.m. saw Galcombe Head bearing west by South distant about 3 leagues, and they bore away for Port Curtis under as much Sail as they dare carry ; that at 7.30 a.m., the wind getting more towards South West, they were obliged to anchor li Miles north east from Galcombe Head; the Harriet being anchored a head to render any necessary assistance, the pumps kept going all day; that on 25th May the Wind blew bard irom South East without any prospect of the ship being able to make the port, the pumps kept going all day, and only just able to keep the ship free; the Sea very heavy and Ship pitching and knocking about very much; heavy Sea rolling on from East South East breaking heavy on Shoals and Rocks all round the Ship at a short distance ; that on 26th May, though blowing half a Gale, there seemed some prospect of the Wind getting more to the East; the Captain, then got 4 men from the Slop to assist in pumping while getting underweigh; at 4 p.m. the Captain received a letter from the Crew stating that, in consequence of pumping so long without rest, they were so much fatigued that it would be impossible for them to continue at the pumps much longer ; upon this they got a Spring upon the Cable in order to slip and run into Port, but the Wind veering more South left not the slightest chance but of falling to leeward on the rocks ; the Sails were consequently set and the pumps set to work with redoubled vigour and kept at work without inter­ mission ; cut the Cable and held everything in readiness to slip and run, blowing half a gale all night; in the morning of the 26th (land time) the Gale continued until 2 p.m. when the wind suddenly got round to east south east and east; shipped the Cable at 45 fms. and canted the Ship's head towards the Harbour; made sail immediately, cut the spring and ran into Port Curtis and anchored in 10 fathoms off South Tree Point, both Pumps going as usual, the wind blowing hard all night and the ship making the same quantity of water. The next clay, 27 May, at 10 a.m. got under weigh and proceeded up the River and anchored in 7 fathoms, a little below the encampment; the pumps kept going without inter­ mission all day and night with the assistance of ten men from the shore; in the afternoon and all night a furious gale of wind with heavy rain; the Crew fagged from hard work and the inclemency of the weather ; That, from this day to the 7 June, the Crew below were constantly engaged in pumping the Ship with occasional assistance from the shore and discharging ballast in order to haul the Ship on the Shore to repair and stop leaks; that, several days on which no assistance was had from shore, the Crew were unable from fatigue to keep more than one pump at work in consequence of which the water increased rapidly; that, on the 7 June, the Cutter George arrived from Sydney with Stores and two Shipwrights to assist in repairs and Captain Brown engaged the Steamer Kangaroo to tow the Ship on Shore. On the 8th, a convenient place having been in the meantime fixed upon and everything having been got ready by the Shipwrights and Crew, the Ship was towed into the Creek, and moored alongside the Bank; at 4 a.m. on the 10th June, the Ship took the ground and the leaks stopped, unbent all the Sails, rove the gear, and made all ready to heave down the Ship, as soon as the Shipwrights should be ready on Shore; that on the llth the Shipwrights and part of the Crew were engaged on shore in felling trees to make a raft to fix the Capstans and heaving down blocks; the Crew discharging ballast; that, from this time until the 10th July, the Shipwrights and greater part of the Crew were employed in felling trees, building Wharfs, Capstans blocks, etc., for heaving down the Ship; on this latter day made two attempts to heave her down and succeeded only partially in consequence of her being too stiff; that, on the 1.3th, having in the meantime taken out more ballast and the purchases having been re- fixed, hove her down gunwale under, but found her making water so fast that they were obliged to ease her up again to pump the water out; repairs going on at this time to the upper works; that, on the 15th, they hove her down again and commenced repairs when at 9.30 she spr.ink a leak in some part of the upper works, which obliged them to ease her up sgain, as she was half full of water and began to sink very fast; set all hands at the pumps and kept them at work EnterprizotilShipwrightn l thmidnighte 19te sheave hengageove ;July ord nth ,haulind th ewite iShin h16t g overhaulin pth anhdow edJuly assistancnrepairin ,kee gth lth eout egeCre Starboarth;o fwfroe a auppe mtBoat' ththidr estopsides workspump daCrey t.sw,o hovthalOofnle e thda 28ththe,ye e thFrencan 17tShied Shipwrighth pnight hJuly uprightWhale, thesr; 608 HISTORICAL RECORDS OF AUSTRALIA.

1848. and Crew were employed in caulking the Ship's bottom where necessary from 20 Sept. her Garboard Streak upwards, pitching, tarring and felting where necessary; the leak was found to be at the lower part between the 2 Stern posts, which was Protest re ship effectually stopped by caulking, felting, and coppering. From this day to the Lord Auckland. 9 August, the Crew were employed in ballasting, rigging, reshipping stores, and getting the Ship ready for Sea ; that, on the 10th, they succeeded in getting out of the Creek and anchored in 7 fathoms water; from this date to the 21st, the Crew were employed in getting water and completing ballasting the Ship; and on the 22d cleared Port Curtis with the George Cutter in Company as a Tender; proceeded on their voyage to Sydney with variable winds and weather and arrived in Sydney on the 20th Septr, and anchored off the Cove at 4.30 p.m. And this appearer, Robert Brown, further declares that on the following day he appeared at the Office of the said Notary and caused his protest to be duly noted, and these Appearers do protest, and I the said Notary do also protest against the aforesaid Shoal's, Reefs bad weather, Gales, storms, accidents and occurrences and all loss or damage occasioned thereby. We, Robert Brown, James William Usher and Alexander McDonald, do solemnly and sincerely declare that the foregoing statement is correct and contains a true account of the facts and circumstances. And we make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act, made and passed in the ninth year of the, reign of Her present Majesty, intituled, " An Act for the more effectual abolition of Oaths and affirmations, taken and made in various departments of the Government of New South Wales, and to substitute declaration in lieu thereof and for the suppression of voluntary and extrajudicial oaths and affidavits." ROBERT BROWS, Master. JAMES WM. USHER, Chf. Officer. ALEXANDER MCDONALD, Carpenter. Thus done and protested in due form of Law at the Office of me the said Notary at Sydney, the day and year first before written. G CooPEE TURNER, SIR CHARLES FITZ ROY TO EARoLf SydneyGREY., Notary Public. (Despatch No. 204, per ship Ralph Bernal; acknowledged by earl Grey, llth May, 1849.) 21 Sept. My Lord, Government House, 21st September, 1848. Despatch I have the honor to acknowledge the receipt of your Lord­ acknowledged ship's Despatch ~No. 57 of the 22d March last, transmitting to re proposed inquiry by me copies of a Report from the Commissioners of Customs, and J. Cassell at of their instructions to the acting Collector of Melbourne, Adelaide. directing him, provided I had reinstated him in that Office, to proceed without delay to Adelaide on business connected with the Department. As your Lordship was informed by my Despatch No. 63 of the 19 March last, that Mr. Cassell had resumed his duties as Acting Collector at Melbourne, no obstacle of course existed to his immediate compliance with the Commissioners' instructions. Objections to As, however, the arrangement, proposed by Mr. Cassell for the proposal of performance of his duties during his absence from Melbourne, J. Cassell re acting collector, viz., that Mr. James Simson, Senior Clerk to the Collector at Hobart Town, should be brought from "Van Diemen's Land to act as Collector, appeared to me to be extremely objectionable, in as much as that it was bringing over a junior Officer from a neighbouring Colony to perform duties, which there were Officers in the Department in this Colony perfectly competent to discharge, and more particularly as these duties were dis­ charged in a very satisfactory manner and with the approval of FITZ ROY TO GREY. 609 the Commissioners of Customs during Mr. Cassell's suspension 18,48- by Mr. Llewellyn, Chief Clerk in the Department in Sydney, I deemed it my duty to overrule this proposal, and have directed ™PPrf Limenn°n Mr. Llewellyn to proceed to Melbourne to hold the office of as'acting Acting Collector (subject to the approval of the Board of collector. Customs) until Mr. Cassell's return from Adelaide. It is right that I should state that, in proposing Mr. Simson, Reasons for I believe Mr. Cassell was under the impression that he will be 5!',casseii°f held responsible for the conduct of the person appointed to act for him. In this, I am informed by the Collector of Sydney, he is mistaken. That Officer states that, were Mr. Cassell pro­ ceeding on leave of absence, he would be authorized to appoint another Officer to act for him, because he would be responsible for the conduct of that person, his absence from the Port being for his own private benefit; but that when ordered on special service he cannot be held responsible for the person who may be appointed to represent him, and from whom security is required for good behaviour for the same amount as from the Acting Collector himself. I have, &c, CHS. A. FITZ ROY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 169, per ship Thomas Henry.) Sir, Downing Street, 22 September, 1848. 22 Sept. I have received your Despatch No. 15, of the 15th January Approval of^ last, furnishing the Report which I had called for in my Jorsubrtrea- Despatch No. 131, of April 17th, 1847, respecting the increase ™™[£t Port which you had recommended in the amount of Salary assigned to the Sub-Treasurer at Port Phillip; and I have now to convey to you the necessary sanction for making the proposed addition to this Salary of from £400 to £500 per annum, to take effect from the lst of October, 1846. I have, &c, GREY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 205, per ship Ralph Bernal.) My Lord, Government House, 22 September, 1848. In my Despatch No. 188 of the 18th ultimo, I had occasion incidentally to mention that the Constituency of the Port Phillip District, on the day appointed for the nomination Refusal to of Members for the New Legislative Council of this Colony, ^ofcomicTi" had refused to allow any gentlemen to be proposed for thefive *°^Port Phillip seats allotted to that District; and that the Constituency of the City of Melbourne had returned Your Lordship as their Election of J earl Grey for Member. Melbourne. SER. I. YOL. XXVI—2 Q 610 HISTORICAL RECORDS OF AUSTRALIA.

1S48. I have now the honor to transmit copies of the Superinten­ 22 Sept. dent's Despatches reporting these proceedings, which appear to Reasons for have had their origin in sudden impulse, and to be intended to failure of election. prove the discontent of the inhabitants of the District and City generally at the delay that has occurred in establishing Port Phillip as a separate and an independent Colony and Govern­ ment. I feel that it is quite unnecessary to trouble your Lordship with any observations of my own on the course which the Con­ stituency have been induced to pursue with respect to these Elections; and I shall, therefore, confine myself to reporting to your Lordship that, as I had reason to believe that the Electors present at Melbourne on the days of nomination for the District and City were led away under the influence of a few designing and factious individuals to act without due consideration, and that the respectable portion of the inhabitants repudiated their conduct as unworthy of a Community professing to be British subjects, I have, under the advice of my Executive Council and New writs the opinion of the Crown Law Officers of this Government, issued with deemed it my duty to issue fresh Writs for the election of Geelong as place of Members for the District, removing the place of nomination nomination. and the principal Polling place to Geelong; and I am led to believe that this step will enable the Electors to prove that the majority do not coincide in the views of the instigators of the previous proceedings at Melbourne. Validity of With respect to your Lordship's election for the City of Mel­ election of bourne, as the Crown Law Officers, as Your Lordship will per­ earl Grey. ceive from the copy of their opinion annexed, have pronounced it to be valid, I have not considered it advisable to interfere Election further than by abstaining to notify it in the usual manner in omitted from the Gazette, to show that the Government would in no way Gazette. make itself a party to a proceeding which it could not but con­ sider to be improper and unbecoming, if not actually intended to be insulting. I have, &c, CHS. A. FITZ ROY. [Enclosure No. 1.] [A] MR. C. J. LA TROBE TO COLONIAL SECRETARY THOMSON. Superintendent's Office. Sir, Melbourne, 21st July, 1S4S. Return of writ It is my duty to forward to you the enclosed copy of a com­ for district of munication which I have just received from the Returning Officer Port Phillip. of the Electoral District of Port Phillip, accompanying the Return Writ addressed to His Excellency the Governor. His Excellency will learn with some surprise that no Member whatever was returned. I have, &c. C. J. LA TROBE. FITZ ROY TO GREY. 611 [Sub-enclosure.] 1848. MR. R. \V. POHLMAN TO MR. C. J. LA TROBE. 22 Sept Sir, Melbourne, 20th July, 1848. I have the honor to request that your Honor will be pleased to forward to Failure of His Excellency the Governor the enclosed Writ of Election, which was transmitted election for to me as Returning Officer, to return five Members to serve the Electoral District legislative of Port Phillip; and to state to your Honor that at the meeting held by me this council for day for such Election, there were no persons elected to serve as Members of the district of Legislative Council for this District. Port Phillip. The only Candidate placed in nomination was Mr, Foster, who was in the first instance proposed by Messrs. Wills and Williams, Electors of District; but this gentleman, after several Electors had addressed the meeting without proposing any other Candidates, declined, on the suggestion of his friends, the nomination made in his favour; and the Electors, who had moved and seconded his nomination, withdrew the resolution which they had proposed to that effect and before any other Candidate had been named. There being no time fixed for keeping open the meeting for nomination, at the expiration of one hour from the commencement thereof, I called upon the Electors in due form a second time to propose Members to be returned under the Writ; and, no Candidate having been named, I closed the Meeting. I beg to add that there was no obstruction or interruption by any riot or open violence, which would have justified me in adjourning the meeting under the 21st Section of the Act. I have, &c, ROBERT WILLIAM POHLMAN, Returning Officer for the Electoral District of Port Phillip. [B] MR. C. J. LA TROBE TO COLONIAL SECRETARY THOMSON. Superintendent's Office, Sir, Melbourne, 28th July, 1848. It is my duty to forward to you herewith copy of a letter, Return of writ which I have received from the Returning Officer of the Electoral for Melbourne. District of Melbourne, returning the Writ of the election of a Member in the Legislative Council for this City. His Excellency will see that, acting upon sudden impulse, the Election of Electors have actually returned Earl Grey as their representative, earl Grey. It is surely not necessary for me to state how sincerely I lament the manner in which the business of the election of Members to sit in the Legislative Council, under the new Writs, both for the District of Port Phillip and the City of Melbourne, have been conducted. The voting papers are herewith also forwarded, I have, &c, C. J. LA TROBE. [Sub-enclosure.] MR. A. RUSSELL TO MR. C. J. LA TROBE. Sir, Town Clerk's Office, Melbourne, 27th July, 1848. I have the honor to enclose tbe Writ addressed to me by His Excellency Return of writ the Governor for the election of a Member to serve in the Legislative Council for for city 0{ the City of Melbourne, whereupon I have certified the return of " the Right Honor- Melbourne able Henry Grey " (Earl Grey in the Peerage of Great Britain). I beg leave to request that your Honor will transmit the Writ, together with the accompanying voting papers to His Excellency by to-morrow's overland mail. I have, ke., A. RUSSELL, Returning Officer. [Enclosure No. 2.] MESSRS. PLUNKETT AND FOSTER TO COLONIAL SECRETARY THOMSON. Sir, Attorney General's Office, 22nd August, 1848. We beg leave to acknowledge the receipt of your letter of the 9th instant transmitting the enclosed communication from His 612 HISTORICAL RECORDS OP AUSTRALIA.

1848. Honor the Superintendent of Port Phillip, accompanying the Writ 22 Sept. for the election of a Member to serve in, the Legislative Council Legal opinion for the Electoral District of Melbourne, with the name of the re validity of Right Honorable Henry Grey, Earl Grey, endorsed thereon as duly election of elected, and requesting, by direction of His Excellency the Gover­ earl Grey. nor, our opinion as to whether the above is a legal Return. In reply, we have the honor to state that there is no enactment or provision in the Constitutional Act (5 and 6 Vict., Ch. 76) which prevents a British Peer from being elected and sitting as a Member of the Legislative Council of this Colony; neither can it be taken for granted that Earl Grey has not sufficient landed property within the Colony to qualify him to take his seat. It appears to us, therefore, that whatever may have been the intention of the Electors of Melbourne in returning Lord Grey, there is nothing alleged on the face of that return; and that for the present at least he must be considered in law as their Representative. We have, &c, J. H. PLVNKETT, Attorney General. W. FOSTER. Solicitor General.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 170, per ship Thomas Henry.) 23 Sept. Sir, Downing Street, 23 September, 1848. I have to acknowledge the receipt of Your Despatch of 18th March last, No. 62, reporting the unsuccessful result of an expedition undertaken by Mr. Kennedy for the purpose of ascer­ taining the course of the River Victoria, with a view to the discovery of a practicable route from Sydney to Port Essington; Authority for and, under these circumstances, requesting my sanction to the expenditure on Expenditure of £1,000 to be defrayed from the Land Fund of expedition of E. B. C. the Colony, which you propose to incur for a fresh expedition Kennedy. with the same object. In reply, I have to convey to you the necessary authority for that Expenditure, which however you will take care is not exceeded in the amount. I have, &c, GREY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 206, per ship Ralph Bernal; acknowledged by earl Grey, 24th March, 1849.) My Lord, Government House, 23d September, 1848. Memorial trans­ With reference to the subject of my Despatch No. 205 mitted re of the 22d instant, I have now the honor to transmit a Memorial, refusal to elect members for which has been placed in my hands by the Superintendent of district of Port Phillip, addressed to Your Lordship by certain inhabitants Port Phillip. of the District, agreed upon at a public meeting held in the FITZ ROY TO GREY. 613

City of Melbourne, for the purpose of vindicating the course 1848. pursued by the Constituency in abstaining from returning any Representatives of the Legislature of New South Wales. I have also the honor to transmit the copy of Mr. La Trobe's Despatch and Despatch forwarding to me this Memorial, and of the Mayor of transmitted. Melbourne's letter requesting that it should be so forwarded to me. Mr. La Trobe's remarks, respecting this Memorial and the extraordinary course pursued by the Electors on the occasions referred to, appear to me to be so clear and judicious that I feel Approval of it unnecessary to do more than to express my entire concurrence a™0:"! Trobe. with them, and particularly with the concluding portion, which throws a doubt on the expediency, in erecting Port Phillip into a separate Colony, of granting it a Representative Legislature. I have, &c, CITS. A. FITZ ROY. [Enclosures.] [A copy of the memorial and of the despatch and letter, dated 10th August and 31st July, 1848, will be found in a volume in series III.]

EARL GREY TO SIR CHARLES FITZ ROY. (A circular despatch, per ship Thomas Henry ; acknowledged by Sir Charles Fitz Roy, 28th April, 1849.) Sir, Downing Street, 27 September, 1848. 27 Sept. With reference to my Circular despatch, dated the 17th of April, 1847, I herewith transmit to you Six Copies of the Transmission of

last annual Colonization Circular, which has been issued by the c°reuiar for Commissioners of Colonial Lands and Emigration; and I have correction. to request that you will cause the information contained in that circular to be corrected and brought down to the latest period, so far as it is applicable to the Colony under your Government. I have, &c,

r„ , ., GREY. [Enclosure.] [This was a copy of the Colonization circular, numbered 8 and dated 26th August, 1848, which consisted of twenty-four pages, small quarto.]

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 210, per ship Ralph Bemal.) My Lord, Government House, 27th September, 1848. In reply to your Lordship's Despatch No. 14 of the 25th January last, transmitting the copy of a letter from Mr. A, 614 HISTORICAL RECORDS OF AUSTRALIA.

1848. McMillan, containing enquiry relative to some property which 27 Sept he has been led to believe had been left by his deceased brother in inability to this Colony, and desiring me to make the necessary enquiries WPMcMillan, on the subject, I have the honor to report that having referred Mr. McMillan's statement to the Curator of Intestates' Estates, that Officer informs me that the name of William McMillan does not appear anywhere on the List of Intestates' Estates, and that he is unable to give any information respecting him. Every other endeavour that I have caused to be made to trace McMillan has proved equally ineffectual. I have, &c., CHS. A. FITZ ROY.

EARL GREY TO SIR CHARLES FITZ ROY. (A circular despatch, per ship Thomas Henry.)

23 Sept. girj Downing Street, 28 September, 1848. Transmission I herewith transmit the Copy of an Address of the House house of8 a °f Commons dated the 30th Ultimo, and I have to request that commons. y0U w{\\ take the necessary steps for obtaining the information required by this Address, so far as relates to the Colony under your Government, and transmit the same to me with the least possible delay, in order that the required Returns may be pre­ pared and laid before the House at or as soon as possible after the commencement of its next Session. I have, &c, GREY. [Enclosure.] ADDRESS. House of Commons, Wednesday, 30th August, 1848. Resolved, Returns That an humble Address be presented to Her Majesty that required re sije ^.JU jjg graciously pleased to give directions that there be POS age. la>d be£ore tllis House Returns of the several Rates of Postage charged upon Letters conveyed between the United Kingdom and each of the British Colonies and Possessions respectively distin­ guishing the rate when conveyed by Packet from that charged when the conveyance is by private Ship. Of the ratesi of Postage charged upon Letters conveyed direct, whether by Packet or by Private Ship, between the several British Colonies and Possessions. Of the rates of Postage charged upon Letters conveyed between the United Kingdom and India, whether via Southampton, via Marseilles, or by private Ship. Of the rates of Postage charged upon letters between one part of the East Indies and another part of the East Indies, and be­ tween any British Colony or Possession and India, whether by packet or private Ship. FITZ ROY TO GREY. 615

Of the rates of Postage charged upon the conveyance of Letters 1S4S. within each of the several British Colonies and Possessions. 2Sj>ept. And showing the gross amount of Postage collected, the Expen- Financial diture, and the net Revenue of the Post Office in each of the return required British Colonies and Possessions and in India, for the three re post-offices. years ending the 5th day of January, 184S.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 211, per ship Ralph Bernal; acknowledged by earl Grey, 2Sth May, 1S49.) My Lord, Government House, 28th September, 1848. It is my duty to transmit for your Lordship's information Report trans- • • i-r i i xi r-i i • i o nutted re sur- •copies of two communications addressed to the Colonial becre- geon on ship tary of this Government by the Immigration Agent, Mr. Mere- R°val Saxm- wether, relative to the death, and the causes which led to it, of Dr. Grant, the Surgeon Superintendent of the " Royal Saxon " Emigrant Ship. It appears that Dr. Grant died from the effects of intemperate Sl™™^ habits; that he was not even in the earlier part of the voyage capable of performing his duties; that he had no Surgical In­ struments, nor a sufficiency of Clothing for the voyage; and that, had not another Medical practitioner, formerly a Naval Surgeon, been on board the Yessel, serious results might have ensued. Under the circumstances reported by Mr. Merewether, I have Division of considered myself justified in authorizing the division of the ^Ituity? Surgeon's gratuity in the proportions recommended. I have, &c, CHS. A. FITZ ROY. [Enclosure No. 1.] MR. F. L. S. MEREWETHER TO COLONIAL SECRETARY THOMSON. Sir, Immigration Office, Sydney. 14th August, 1848. ' Returning herewith Mr. Walcott's letter of the 29th March Death of last, announcing the despatch of the " Royal Saxon," and the Grant. appointment of Dr. Grant as Surgeon Superintendent, I do myself the honor to report for His Excellency's information that Dr. Grant died on the passage on the 28th June. Fortunately there was on .board as a passenger a Dr. Coleman, Services of formerly a Surgeon in the Royal Navy, who attended the Immi- "•'•l/°™1 ' grants during Dr. Grant's illness and after his death. This gentle­ man's assistance was of great value, more especially in some diffi­ cult Midwif'erv cases which occurred on board. To the Master, Mr. Charlesworth, on whom the entire superin- and oi: w. tendence of the Emigrants devolved from tbe date of Dr. Grant's cnanes^oitn. illness, great praise is due, for, of all the vessels which have arrived this year, the " Royal Saxon" was second to none in respect to the cleanliness of the decks and the orderly condition of the passengers. 616 HISTORICAL RECORDS OF AUSTRALIA.

1848. Under these circumstances, I beg to propose for His Excellency's 28 Sept. favourable consideration, that the amount of gratuity which would Proposed have been payable to Dr. Grant, had he arrived in the Colony and division of satisfied the Governor of his efficient performance of his duties, surgeon's should be divided into three equal portions, that one of these jratuity. portions Should be set apart as Dr. Grant's remuneration for his Services; that the second portion Should be given to Dr. Coleman for his medical attendance; and that the third portion should be assigned to Mr. Charlesworth, in addition to his gratuity as Statement Master, for his performance of the duties of Superintendence. transmitted. In a separate communication of this date, I have reported the cause of Dr. Grant's illness and death, as described in a letter addressed to me at my request by Dr. Coleman and Mr. Charles- worth. From the general facts Stated in that letter and from the more detailed accounts which I have received in the course of conversation, I am Satisfied that Dr. Grant did not and could not effectively discharge the duties of his office during the earlier part of the voyage when he was comparatively well, and, therefore, without unnecessarily impugning the character and conduct of the deceased, I must state my decided opinion that one third of the amount of the established gratuity will be a most liberal allowance on the part of the Government to his Representatives. [Enclosure No. 2.] I have, &c, MR. F. L. S. MEREWETHER TO COLONIAL SECRETARYFRANCI THOMSON.S L. S. MEREWETHER . Sir, Immigration Office, Sydney, 14th August, 1848. Letter With reference to my letter of this date, reporting the death, transmitted. 0n the passage, of Dr. Grant, the Surgeon Superintendent of the '• Royal Saxon,'' I do myself the honor to enclose for His Excel­ lency's information, a letter from a Passenger by that vessel, who was formerly a Surgeon in the Royal Navy, and from Mr. Charles- worth, the Master, Stating the cause of Dr. Grant's illness and death, and other particulars respecting him. Summary of From this letter His Excellency will perceive that Dr. Grant had report re Grant, several attacks of " delirium tremens " during the early part of the voyage, that his constitution was broken and his nerves shaken by intemperance, that he had no surgical instruments of any kind,. and that he had not even a sufficiency of clothing for the voyager I have, &c, [Sub-enclosure.FRAXCI] S L. S. MEREWETHER. MESSRS. COLEMAN AND CHARLESWORTH TO MR. F. L. S. MEREWETHER. sir» Sydney, 4th August, 1848. Report lu accordance with your request, we beg to hand you a written Statement,. re Grant. containing (in substance) our answer given to the questions verbally put by you,. respecting the illness and death of Doctor Grant, late Surgeon Superintendent on board the " Royal Saxon," who died at Sea on the 28th June last during the passage from London and Plymouth to this Port with Emigrants. It appeared quite evident, from the commencement of the voyage, that Dr. Grant. was not in a state of health to perform the onerous duties he" had been appointed to, viz., Surgeon Superintendent; his constitution was evidently broken from excess and hard drinking; he had several attacks of Delirium Tremens at the begin­ ning of the passage, during which excitement he w'as obliged to be carefully watched, which ultimately terminated in a final break up of his constitution from these causes. FITZ ROY TO GREY. 617

His last symptoms were Erysipelas in the right leg, which confined him to his 1848. bed for more than six weeks previous to his death. His Stomach latterly rejected 28 Sept. all sustenance and medicine, and may be said to have died from exhaustion. ' We may further add that Dr. Grant was totally unprepared for such a voyage Report and responsibility; he had no Surgical instruments of any kind, neither was he re Grant. provided with Clothing necessary for the ordinary changes on such a voyage for common benefit. We have, &c, W. F. COLEMAN, Surgeon, Passenger on board the " Royal Saxon." W. CHARLESWOETH, Commander,

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 212, per ship Ralph Bernal; acknowledged by earl Grey, 21st May, 1849.) My Lord, Government House, 29th September, 1848. 29 Se^- Adverting to my Despatch No. 13 of 13th January, 1848, communicating to Your Lordship the ill state of health of Mr. Peter Stewart, who had been appointedfirst Cler k in the Custom House at Melbourne, I now do myself the honor to report that, Leave of having brought before the Executive Council an application p. stewart. from Mr. Stewart for twelve months' leave of absence to enable him to proceed to England for the recovery of his health, the application being recommended by the Superintendent of Port Phillip and the Acting Collector of Customs at Melbourne, and having the necessary Medical Certificate attached to it, I have with the advice of the Council sanctioned the leave applied for, with the allowance of Salary which is ordinarily made to Officers of the Customs Department when absent on leave. Mr. La Trobe has since reported that the leave commenced from the 12th instant. I have, &c, CHS. A. FITZ ROY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 213, per ship Ralph Bernal; acknowledged by earl Grey, 15th April, 1849.) My Lord, Government House, 29th September, 1848. I have the honor to transmit the Copy of a Despatch to Application for the Colonial Secretary of this Government by the Superinten- A^McCrae a? dent of Port Phillip, recommending that Mr. A. McCrae, Chief acting sub- "tr69.suror Clerk in the Treasury Department at Melbourne, may be allowed to receive full salary as Sub-Treasurer of that District whilst acting in that capacity during Mr. La Trobe's temporary ad­ ministration of the Government of Van Diemen's Land. As it appears to have been owing to an oversight that Mr. McCrae's claim was not brought forward at the same time as Captain Lonsdale's for full salary during the time he acted as 618 HISTORICAL RECORDS OF AUSTRALIA. 1848. Superintendent of Port Phillip, and as the cases are precisely similar, I venture to recommend this application to your Lord­ ship's favourable consideration. Amount of pro- It appears, from, a Report which I have obtained from The posed payment. Auditor General, that, had Mr. McCrae been allowed the full salary attached to the Office of Sub-Treasurer for the period re­ ferred to, he would have received the sum of £190 5s. 7d.; but as he received as Acting Sub-Treasurer one half the salary attached to that Office, and one half the salary fixed for the Office of Chief Clerk,* and that the total amount of salary paid him for the period stated was £142 14s. 3d.; this being deducted from the above amount of £190 5s. 7d., would leave a balance in Mr. McCrae's favour of £47 lis. 4d. j have &c. CHS. A. FITZ ROY. [Enclosure.] [A copy of this despatch, dated 12th July, 1848, will be fbund in a volume in series III.]

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 215, per ship Ralph Bernal; acknowledged by earl Grey, 17th March, 1849.) My Lord, Government House, 29th September, 1848. Petition for I have the honor to transmit the Copy of a Despatch from c. J. La Trobe. the Superintendent of Port Phillip, forwarding to me a Petition addressed to the Queen from certain inhabitants of that District styling themselves the Colonists of Port Phillip, praying that Her Majesty will be pleased to remove Mr. La Trobe from the Superintendency of the District. In forwarding this Petition to its destination, it is scarcely necessary that I should do more than refer your Lordship to my Despatch No. 188 of the 18th Ultimo, covering a Petition of a similar purport from the Town Council of Melbourne. Participation of The fact that Mr. McCombin, the " acting chairman " of the twoCpetitions. Meeting at which this Petition is alleged to have been resolved upon, is the Member of the Town Council who originated the Petition from that Body, and that he is the Editor of one of the most virulent of the Melbourne Newspapers, would be sufficient testimony in Mr. La Trobe's favour without any observation on Report re my part; but I may add that I have carefully examined the petitioners. signatures attached to the Petition, and that I cannot discover among them the name of any one person of known character or influence in the District. The names attached to the Petition * Marginal note.—£250; £125 ; £375. GREY TO FITZ ROY. 619 are chiefly those of small Tradesmen, Mechanics and Labourers i84s. in Melbourne, many of them unable to sign their own names, 29 Sept and who probably were unaware of the nature of the document Report r8 ,i • • -TTO petitioners. they were signing. I have, &c, CHS. A. FITZ ROY. [Enclosure.] [A copy of this letter, dated 4th September, 1848, with the petition, will be found in a volume in series III.]

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 172, per ship Sydney.) Sir, Downing Street, 30th September, 1848. 30 Sept. I have to acknowledge the receipt of your Despatch Approval of s y No. 79 of the 31st March last, submitting for my sanction ^°s f^ ' certain arrangements, by which you propose, with the advice of salaries of your Executive Council, that the payment of that portion of the Salaries of the newly approved Bishops of Newcastle and Melbourne, which is chargeable on the public Revenue of the Colony, and amounting to £500 per annum should be paid out of the present Building Fund of the Church of England; and, as this is a question upon which I cannot doubt that the local authorities are the most competent to form a correct judgment, . I do not hesitate to acquiesce in the measure. I have also to signify the approval of Her Majesty's Govern- ofappropria- ment of your appropriating the sum of £30,000, provided for ££*M°r.pilMlc public Worship in New South Wales under the Statute 5 and 6 Vic, cap. 76, in the proportions referred to in the minute of the Executive Council, which accompanied your Predecessor's Despatch of the 7th August, 1845; and I. approve of the sum of and of pay- £6,000, out of the share allotted to the Church of England, beingresidences of set apart for the erection of suitable Residences, for the Bishops bishops. of Newcastle, Melbourne and Sydney in the manner proposed by you, on the understanding that not more than £2,000 shall be applied in any one of those cases. I have, &c, GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (A circular despatch, per ship Sydney.) Sir, Downing Street, 30 September, 184S. I herewith transmit, for your information, two Copies of General report the General Report* of the Commissioners for Colonial Lands emigration and Emigration for the present Year. I have, &c, commissioners. GREY.

» Note 43. 620 HISTORICAL RECORDS OF AUSTRALIA.

184S, SIR CHARLES FITZ ROY TO EARL GREY. 30 Sept. (Despatch No. 217, per ship Ralph Bernal; acknowledged by earl Grey, 26th April, 1849.) My Lord, Government House, 30th September, 1848. Immediately on the receipt of your Lordship's Despatches of the 17th and 24th November, 1847, Nos. 258 and 262, on the subject of Mrs. Liardet's desire to obtain absolute possession of a small piece of Land the property of the Crown at Port Phillip, Consideration I lost no time in communicating with Mr. La Trobe, in order of application that the case might, if possible, be at once decided according to of Mrs. C. E. Liardet. your Lordship's instructions by the adoption of one of the alternatives proposed. I have now the honor to transmit a copy of Mr. La Trobe's Report upon this case, from which it will be perceived that, although Mr. La Trobe admits the value of the services ren­ dered to the Public by Mr. Liardet and his sons, he points out Objections to so many inconveniences likely to arise from the admission of admission of claim by this claim that, I regret to say, it appeared to me to be quite C. J. La Trobe impracticable to comply with your Lordship's desire that the matter should be decided without further reference home. As I did not wish, however, to rely solely on my own judgment in the matter, I deemed it my duty to submit your Lordship's Despatch and Mr. La Trobe's report thereon to my Executive Council; and by execu­ and the result of our deliberations, as will be found in the tive council. annexed copy of our proceedings, was that, setting aside the doubt that existed whether the suggested remission could be granted consistently with the appropriation Clause of the Land Sales' Act, 5 and 6 Victoria, Cap. 36, Sec. 19, it appeared that the admission of the claim would create a precedent of such extensive inconvenience, and would give rise to so many claims of a nearly similar nature, that it would not be advisable to entertain it without obtaining from your Lordship further and specific instructions on the subject. I have, etc., CHS. A. FITZ ROY. [Enclosure.] Minutes of PROCEEDINGS of the Executive Council on the 16th June and executive coun­ 6th July, 1848, relative to a Despatch from the Secretary cil re applica­ tion of Mrs. of State, respecting Mrs. Liardet's claim to Land on the C. E. Liardet. beach at Hobson's Bay. MINUTES Nos. 48/16 and 48/21. Extract from Minute No. 48/16. 16th June, 1S48. Members present:—His Excellency the Governor; The Honorable the Commander of the Forces; The Honorable the Colonial Secre­ tary; The Honorable the Attorney General; The Honorable the Colonial Treasurer. His Excellency the Governor lays before the Council a Despatch from the Secretary of State and a Report from the Superintendent FITZ ROY TO GREY. 621 of Port Phillip respecting a claim preferred by Mrs. Liardet to a 1848. portion of Crown Land on the beach at Hobson's Bay, on which 30j3ept. improvements have been effected by her husband and his Sons. Minutes of For the sake of avoiding delay, the decision in this ease is left executive coun- by Earl Grey to the local Government, and His Lordship suggests cil re applica- that if, under the Act of Parliament, there should be any difficulty c.0E.°Liardet. in making a Grant of the land in question, compensation (sup­ posing it to be due) might be made by putting up the land to Auction and giving to Mrs. Liardet whatever may be realised beyond the upset price of it. This case is deferred for further consideration on a future clay. Extract from Minute No. 48/21, 6th July, 1848. Members present: Same as above. The Council resume the consideration of Earl Grey's Despatch and the other Papers before them respecting Mrs. Liardet's appli­ cation for land at Hobson's Bay and record their opinion as follows. It appears to the Council to be doubtful whether the suggested remission could be granted consistently with the appropriation clause of the Land Sales Act, 5 and 6 Vict. Cap. 36, Sec. 19; but the Council do not think it necessary to dwell upon this objection, because it appears to them that an admission of the claim advanced by Mrs. Liardet would create a precedent of such extreme incon­ venience that they cannot feel themselves justified in advising His Excellency to entertain it without further instructions from the Secretary of State. The inconvenience referred to is strongly adverted to by Mr. La Trobe, who, after admitting the value of the Services rendered to the Public by Mr. Liardet and his Sons, pro­ ceeds thus to speak of the claim advanced:—" Direct claim I can­ not admit; for their tenure of the land in question has never been such as to give any; and, if any such were conceded in this case, it could not be denied in numberless other instances " ; and again in reference to Earl Grey's suggestion that Mrs. Liardet should receive the difference between the upset price and that realised for the land in question, Mr. La Trobe remarks, " Even this would either on the one hand introduce an admission of a claim to com­ pensation for Improvements on a portion of Crown Lands, held hitherto under occupation License for given purposes from year to year, within no greater distance than two miles from Melbourne, in fact within the Town boundary, or involve a departure in this particular instance from existing rules which might be found to be productive of certain embarrassment." Under all the circumstances, therefore, the Council cannot advise His Excellency to make any concession in this case, but recom­ mend, as above stated, that His Excellency should report to Earl Grey the obstacles in the way of an admission of Mrs. Liardet's claim, and should seek further and specific instruction on the subject. FRANCIS L. S. MEREWETHER, Clerk of the Council. [Sub-enclosure No. 1.] MR. C. J. LA TROBE TO COLONIAL SECRETARY THOMSON. Sir, Superintendent's Office, Melbourne, 17th May, 1848. I have the honor to acknowledge the receipt of your two communications of the 2nd May No. 48/261, and 262, containing copies of two despatches which His

/ 622 HISTORICAL RECORDS OF AUSTRALIA.

1848 Excellency the Governor has received from the Right Honorable the Secretary of 30 Sept State, transmitting copies of letters received from Mrs. Liardet, setting forth the _J ' grounds upon which she is desirous of obtaining possession of a small piece of Report by land at Port Phillip and requesting my report. C. J. La Trobe In obeying His Excellency's instructions, it does not appear to me that it is re application requisite for me to enter into many details, or to comment at length upon the of Mrs. C. E. Statements contained in Mrs. Liardet's letters. Liardet. The plain facts of the ea*e appear to me to be these:—Mr. Liardet and his large family landed at Port Phillip in 1839. He sat down upon the shore of Hobson's Bay, close to the usual landing place, two miles from Melbourne; and was permitted, upon his urgent representations, to remain undisturbed, and to occupy the ground under the usual occupational license, which is renewed yearly, with however a full understanding of the uncertain nature of his tenure. In 1840, he got permission to improve the building he had put up for the accommodation of his family and obtained a publican's license, which, on his getting into difficulties some time after, was transferred to a son, Mr. Frank Liardet, who from that time has conducted the business. About the same time, similar privileges were granted to another person, who erected a second public house in the same locality, and like Mr. Liardet threw out a temporary jetty, for the accommodation of the public passing between the shipping in Hobson's Bay, or Williamstown on the opposite shore, to Melbourne by the Beach road. In 1842 and 1843, Mr. Frank Liardet made an offer to convey the mails to and from the shipping, at the rate of sixty pounds per annum which was accepted. From 1844 to 1846 inclusive, he tendered to perform the same service, at the rate of one hundred pounds per annum, and, last year, 1847, at one hundred and fifty pounds. This year Mr. Liardet holds a contract to perform the same service at two hundred pounds per annum. In 1842, as it appeared expedient that certain land should be laid out for sale at the Beach to suit the views of those who, like Mr. Liardet, might be disposed to make permanent improvements for their own advantage or the public accommoda­ tion, certain allotments, as will be seen from the enclosed tracing, were so laid out and proposed for sale ; but circumstances having in the meantime shewed that under the altered state of things no such sale ought to be attempted, especially at a price which could only have been determined upon in Sydney in ignorance of the character of the locality (three hundred pounds per acre), They were withdrawn from the sale of the 7th December, 1842. The same tracing will shew the position of Mr. Liardet's Inn, and that of his neighbour. The latter house, however, has long ceased to be licensed, and is now occupied as a private dwelling. In general terms, I may state that Mr. Liardet and his sons have shewn energy in the prosecution of various schemes which were certainly to the public convenience and advantage, equally or even perhaps more than to their own; and that more particularly in reference to. communication between the beach and the shipping in Hobson's Bay ; both the Government and the public at large have profited by the spirit and gallantry which they have evinced, especially in the earlier times of the Colony. They certainly merit whatever consideration it may be in the power of Government to shew. Direct claim, I cannot admit; for their tenure of the land in question has never been such as to give any; and, if any such were conceded in this case, it could not be denied in numberless other instances. Having referred to the Crown Commissioner for the District of Bourke for his report, I beg leave to forward a copy of that which Major St. John has furnished. With reference to this report, I can only say, the Crown Commissioner must know that, whatever may be the character of Mr. Liardet's pretentions, a Grant of the land in question under any circumstances is out of the question; and also, that none of the alternatives, which he proposes in order to secure to Mr. Liardet the advantage of his exertions and outlay, can be had recourse to, consistently with the observance of existing rules and regulations. In fact with respect to the land, the only advantage, which I conceive it would be in His Excellency's power to concede, would be that suggested by the Right Honorable the Secretary of State, namely, that the land might be put up to auction, and Mr. Liardet allowed any sum that were realized over the upset price. Even this would either on the one hand introduce an admission of a claim to compensation for improvements on a portion of Crown Lands, held hitherto under occupation license for given purposes from year to year within no greater distance than two miles from Melbourne, in fact within the town boundary, or involve a departure in this particular instance from existing rules which might be found to be productive of certain embarrassment. Should His Excellency be disposed to consider this a case in which such departure is really called for, and can be safely admitted upon the suggestion of SurvesalThee iSecretaryn advancDepartmeny eo fo fStatet thatot , furnish measureI woul,d d t refeoi shen r1842 wyo iu,n anagai whad nti ntmanne oa thwaeyr tracing tlano includd ,migh whice tth hb ee Iimprovement laidirected oudt th foesr FITZ ROY TO GREY. 623 effected by Mr. Liardet. In the event of sale, I am of opinion that, in consideration x848. of the nature of the soil, loose sand, and the expense that must be incurred in 30 Sept forming sound foundations, that fifty pounds per acre, being that of the Williams- town allotments, might be quite as high an upset price as the Government might be justified in placing upon the land. j have &c C. J. LA TROBE. [Sub-enclosure No. 2.] MR. F. B. ST. JOHN TO COLONIAL SECRETARY THOMSON. Crown Lands Commissioner's Office, Sir, Melbourne, 12th May, 1848. In returning the enclosed correspondence transmitted by Your Honor for my Opinion of report, I must commence by stating that, however highly coloured Mrs. Liardet's jr B st, John representations of the public spirit evinced by her husband may be, the facts r'e services of resulting from his energies and the assistance of his family are veritable, and the an(j compensa- remuneration for such services, as have been rendered to the Public, very inadequate. yon for Liardet. If, therefore, a grant could be issued to him for the piece of ground actually occupied by him, I should strongly recommend it as the best method of settling the matter. For, the alternative of putting it up for sale by auction, and remitting to him all above the upset price, might terminate very unsatisfactorily, unless indeed the upset price was very small, and that he became the purchaser at whatever high rate competition might rise it, when the surplus being restored to him, or remitted he would only have to pay the upset price. To carry on the contract with the Post Oflice, it is very important that he should have a better tenure than at present. It appears to me that a grant from the Government (or Crown) would be the most desirable, to prevent a precedent being established of parties claiming the market value of their improvements; and in this instance, I conceive the public services of Mr. Liardet will very well justify a grant from the Grown, or, if the Acts of Parliament prevent that, it surely is competent in the Governor to give a 99 years lease at a pepper corn rent. He has paid for several years £40 per annum to the Crown in the shapes of a Squatting license for that spot, £10 and £30 for the Publican's license, which latter he will probably continue to pay, as on getting a better tenure he will be encouraged to build a good Hotel there, which is much wanted. The other house belonging to Messrs. Gregory may be thought to expect the same indulgences as granted to Mr. Liardet; but I cannot concur in that view, for, though built by a Speculator for an Inn, the present proprietors got it for a bad debt of those insolvent speculators, and have enjoyed a good profitable residence ever since at a very low ground rent, viz., £10 for the occupation License; profitable, I say, because they let to lodgers the greater part of the building for the greatest part of the year, by which the public have not benefitted, as they might have done, if the original intention of the building had been carried out by its being kept as an Inn. I have, ke., FREDERICK BERKELY ST. JOHN, Crown Lands Commissioner. P.S.—I have omitted to mention that the Insolvent Speculators did not, for two years, pay the occupation license due for Mr. Gregory's house, and therefore the property lapsed SItoR th eCHARLE Crown, Swhich FIT, Zbecomin BOY g TknowO EARn tLo theGREYm by. my proceeding as Crown land Commissioner against the occupant in 1843, caused them to make it over to Messrs(Despatc. Gregory hi nNo paymen. 218t, peof ra shidebpt Ralpwhichh theBernal.y had )littl e hopes of recoveringMy Lord. , Government House, 30th September, F.B.S1848.. In compliance with the Instructions conveyed to me in Return Your Lordship's Circular Despatch of the 8th April last, I have transm,ttec1' the honor to transmit a Beturn of all Offices held by Letters Patent under the Great Seal of the United Kingdom at present existing in this Colony; and embracing the other particulars required to be laid before the House of Commons. I have, &c, CHS. A. FITZ BOY. 624 HISTORICAL RECORDS OF AUSTRALIA.

1848. 30 Sept. [Enclosure. ] LIST of all Offices held by Letters Patent under the Great Seal of the Required for the House of Commons by the Secretary of

2. i.

Name of Title of the Date of its first the present Nature of the Duties of such Office. Office. Establishment. Holder.

Captain Gen­ Letters Patent dated Sir Charles eral and Go­ 2 April, 1787. The ;I"itzRoy, Kt, vernor in Governor arrived Chief of the in the Colony on territory of the 26th Jany., , New South 1788, upon which Wales and date it was estab­ its depen lished. dencies. Chief Justice Charter dated 13th Sir Alfred The Charter referred to in Column No. 2, of the October, 1823. The Stephen, the several Acts of Parliament, and Acts Supreme first Chief Justice Knt. of the Colonial Legislature, passed since Court of arrived in the the date of the Charter, for the adminis­ New South Colony on the 5 tration of Justice in New South Wales, Wales. March, 1824, took prescribe the duties of the Chief Justice the Oath of Office and Judges of the Supreme Court. They and his seat on are similar to those performed in the the Bench 17th High Court of Chancery and the Supreme May, 1824, from Courts at Westminster, also of the Con­ which date the Su­ sistory Court, Doctors Commons. preme Court was Right Rev­ The letters Patent dated 25 June, 1847, established. erend Wil­ referred to in Column No. 2, prescribe Bishop of Australia. liam- Grant the duties of the Bishop of Ssdney. As Letters patent Broughton, Metrop jlitan of Australia they authorise Lord Bishop dated 18th Janu­ D.D. him to perform all the functions peculiar of Syd­ ary, 1836, arrived and appropriate to the office of Metro­ ney and in the Colony on politan ; and to visit once infive, years , Metropol­ 2 June, 1836. or oftener if occasion should require, the itan. Bishop of Sydney. Suffragan Bishops, Archdeacons,etc., etc., Letters Patent, resident in the several Dioceses of Aus­ dated 25ch June, tralasia. And as Bishop of Sydney togive 1847, published 1 institution to Benefices, to grant Licenses January, JS48, to Officiate to all Rectors, Curates, Min­ Lord Bishop from which date Right Rev- isters and Chaplains of all the Churches, of New- the latter Bishop­ e r e n d Chapels, and other places within the rick v. as estab­ William Diocese. lished. Tyrrell, Letters Patent dated D.D. Same as those of the "Bishop of Sydney, 25 June, 1847. Lord Bishop Right Rev- within their respective Diocese. The Bishop ar­ of Mel e r e n d rived in the Colony bourne. Charles on the 16 January, 1848. Perry, Letters Patent dated D.D. Colonial Secretary'25 s OfficeJune,, 1847. Sydney, 19thTh Septembere Bisho,p 18t8ar­. rived in the Colony on the 23 January, 1848. FITZ ROY TO GREY. 625

1848. 30 Sept.

United Kingdom, at present existing in the Colony of New South Wales. State's Circular Despatch, dated 8th April, 1848.

Amount of Salary, Money received in re­ spect of such office and Whether ex Fees, and other not appropriated to the ecuted in Allowances. benefit of the Holder or his Deputy, showing the Remarks. Person or date at which any such by Deputy. 1845. 1846. 1847. 1848.Sum s were first required and how since disposed of. £ £ £ 5,000, Nil. Sir George Gipps drew full pay as In Person. 5,000 5,000 5,000 A Lieutenant-Colonel in the Royal En­ A house house gineers, about £300 per annum, up to the date of his leaving the Colony llth July, 1S46. Sir Charles Fitzroi is allowed travelling Expenses whilst on the Public Service under the authority of the Secretary of State's Despatch dated 26th November, In Person.. 2,000 2,000 2,000 2,000 Nil, 1847, No. 264. Amount received up Travelling Expenses to the present date, £260 13s. 2d. whilst on Circuit The holders subsequent to the first Chief Justice have been appointed by Warrant under the Royal Signet and Sign Manual.

In Person. 2,000 2,000 2,000 1,500 The Bishop of Sydney surrendered £500 of his Salary in January, 1848, towards defraying a portion of the Salaries of the Bishops of Newcastle and Melbourne.

In Person. 1,000 Nil. These salaries are provided for, as follows, viz.:— From the amount surrendered by the Bishop of Sydney, each £250; In Person. 1,000 Nil, By the Government, each £250. By the Society for the Propogation of the Gospel, each £500. Each Bishop, £1,000.

E. DBAS THOMSON, Colonial Secretaiy.

SER. I. VOL. XXVI—2 R 626 HISTORICAL RECORDS OF AUSTRALIA.

1848. Sm CHARLES FITZ ROY TO EARL GREY. 30 Sept. (Despatch Xo. 219, per ship Ralph Bernal.) My Lord, Government House, 30th September, 1848. Transmission I have the honor to transmit the copy of a letter addressed of report re to the Colonial Secretary of this Government by the Superin­ immigrant ship William tendent at Port Phillip, forwarding the report of the Immigra­ Stewart. tion Board at Melbourne upon the Emigrant ship "William Stewart." In transmitting these communications, I feel it my duty to call your Lordship's attention to the opinion of the Board, in which Mr. La Trobe concurs, relative to the inexpediency of selecting so large a proportion of families consisting mainly of young children, which, it is alleged, renders it difficult for such families to find immediate employment. I have, &c, [Enclosure.] CHS. A. Errz ROY. [A copy of this letter, dated 31st May, 1848, with its enclosure will be found in a volume in series III.]

SIR CHARLES FITZ Roy TO EARL GREY. (Despatch Xo. 220, per ship Ralph Bernal.) My Lord, Government House, 30th September, 1848. I do myself the honor to state that a Requisition has been tor purchase forwarded to the Colonial Agent General for Clothing for Con- ciothing. victs to be provided for by the Colonial Government, and that I have given the necessary authority for the estimated expense, viz., £3,000, being issued to Deputy Commissary General Ramsay from the Colonial Treasury. I have, therefore, to beg that your Lordship will cause the proper order to be given for a corre­ sponding amount to be issued to Mr. Barnard from Her Majesty's Treasury to enable him to comply with the Requisition. The Certificate from Mr. Ramsay on his receiving the money will be sent to Mr. Barnard; and I have the honor to add that the cost of the clothing is defrayed out of the General Revenue at the disposal of the Legislative Council. I have, &c, CHS. A. FITZ ROY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch Xo. 173, per ship Columbus.) 4 Oct. Sir, Downing Street, 4 October, 1848. I transmit to you herewith the Copy of a letter to the Secretary to the Lords Commissioners of the Treasury, enclosing GREY TO FITZ ROY. 627 the Copy of a Communication from the Board of Customs, with 1848. a Commission and Instructions for Mr. Frederick Garling, as 1; Landing Surveyor at Sydney; and I have to desire that you Papers for J ... ,. V \- x i • £ xi j • • appointment will cause the necessary directions to be given lor the admission of F. Garling. of that Gentleman to the Office to which he has been appointed. I am, &c, [Enclosure.] GREY. MR. C. E. TREVELYAN TO UNDER SECRETARY MERIVALE. Sir, Treasury Chambers, 14th September, 1848. I am commanded by the Lords Commissioners of Her Majesty's Treasury to convey to you the enclosed Letter from the Board of Customs, dated the 9th Instant, with Commissions and Instructions for several Officers appointed to situations in the Colonies; and I am to request that you will move Earl Grey to cause the necessary directions to be conveyed to the Governors of New South Wales, Van Diemen"s Land and Jamaica respectively for the admission of those Officers to duty. I have, &c, [Sub-enclosure.] c- E- TREVELYAN. MB. W. MACLEAX TO MR. J. PARKEB. Sir, Custom House, London, 6th September, 1848. The Lords of the Treasury having been pleased to appoint the Parties Appointments mentioned on the back hereof to the situations set against their names; in customs I have it in command to transmit herewith Commissions and Instructions for department. the several Officers, and to signify the request of the Board that their Lordships will be the means of causing the same to be transmitted to the Governors of New South Wales, Van Diemen's Land, and Jamaica, in order that their Excellencies may give the necessary directions for the admission of the Parties to the situations to which they have been nominated. j havg & W. MACLEAN. Mr. Frederick Garling, Landing Surveyor, Sydney. Mr. John C. Burnett, Collector and Landing Surveyor, Launceston, V.D. Land. Mr. William Allan, Sub-Collector, Annetto Bay, Jamaica. Mr. G. S. McCausland, Landing Waiter, etc., Port Maria, Jamaica. Mr. William Bennett, Landing Waiter, etc., Kingston, Jamaica.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch Xo. 174, per ship Columbus.) Sir, Downing Street, 5 October, 1848. 5 Oct. I have received your despatch of 31st March, No. 82, with Petition a Petition therein enclosed to The Queen from certain Inhabi- f*""™1;^1 tants of Moreton Bay, praying that Her Majesty would be housing port at pleased to constitute that Port a free Warehousing Port; and ' I now transmit, for your information and guidance, a copy of a letter from one of the Secretaries to the Lords Commissioners of the Treasury, together with a Report from the Board of Customs, in answer to the reference which I thought it necessary to make to their Lordships on this subject. 628 HISTORICAL RECORDS OF AUSTRALIA.

184S. It will be seen that, for the reasons assigned in their Report, 5 Oct. the Commissioners of Customs are not prepared at present to Refusal of recommend a compliance with the prayer of the Petitioners to request. the full extent prayed for by them. Approval of With reference, however, to your recommendation in favour warehousing of the Port in question being made a "Warehousing " in contra­ port at Moreton bay. distinction to a " free warehousing " Port, you will observe that the Lords of the Treasury have stated that this object would be attainable by an Act of the local Legislature, and that they would be prepared to assent to such a measure. j am £c GREY. [Enclosure.] MR. C. E. TREVELYAN TO UNDER SECRETARY MERIVALE. Sir, Treasury Chambers, 18th September, 1848.

Report With reference to Mr. Elliot's letter of the 18th ultimo, I transmitted. am commanded by the Lords Commissioners of Her Majesty's Treasury to transmit to you the enclosed Copy of a Report from the Commissioners of Customs, dated the Oth instant, and I am to request that, in laying the same before Earl Grey, you will Warehousing observe to His Lordship that the object of making Moreton Bay port to be erected by act "a Warehousing Port" (in contradistinction to a "Free Ware­ of council. housing Port") would appear to be attainable by an Act of the Local Legislature, and that My Lords would be prepared to assent to such a measure. j jjave &c Report re pro­ C. E. TREVELYAX. posal for free [Sub-enclosure.] warehousing port at REPORT by Commissioners of Customs. Moreton bay. May it please your Lordships, Your Lordships having referred to us the annexed Letter from Mr. Elliott, transmitting by desire of Earl Grey the copy of a despatch from the Governor of New South Wales, enclosing a Petition from the Merchants and others of Moreton Bay in the Port of Sydney, praying that that place may be constituted a free Warehousing Port, We report That the present Establishment at Moreton Bay, which was formed in the year 1846, as stated to your Lordships in our report of the 29th June following, No. 1,052, consists of, A Sub-Collector with a Salary of £250 per annum ; A Searcher, Landing and Coast Waiter £200 per annum. That, from the import Account forwarded by the Sub-Collector for the Quarter ended the 10th October, 1847 (the latest received), it would appear that the Trade at Moreton Bay was wholly confined to a few Coasting Vessels from Svdnev, and the only articles, removed thence under bond in the same period and ware­ housed for the security of the duties, consisted of 20 Gallons of Geneva, and 419 lbs. of Manufactured Tobacco. Under these circumstances, there do not appear to be any sufficient grounds at present for constituting Moreton Bay a free Warehousing Port; but, with respect to the allegation of the Applicants that they are restricted to a Coasting Trade, we are not aware that any objection exists to goods in British Vessels being imported from the British Possessions and the United Kingdom for the purpose of being warehoused at Moreton Bay under the regulations established by the Laws of the Colony, and which it appears by the Governor's despatch would obviate any nconvenience to which the Inhabitants may at present be exposed. GEO. R. DAWSON. H. RICHMOND. T. G. LUSHINGTON. Custom House, 9th September, 1848. W. DICKINSON. GREY TO FITZ ROY. 629

EARL GREY TO SIR CHARLES FITZ ROY. IS48. o Oct. (A military circular, per ship Columbus.) Sir, Downing Street, 5th October, 1848. The Post Master General has brought under my con- inconvenience sideration the Public inconvenience arising from the present [^f^of6o n regulations with regard to letters passing through the United soldiers. Kingdom from Soldiers serving abroad, addressed to their rela­ tions and friends in the British Colonies or in Foreign Countries. It will be necessary that I should explain to you that at Regulations present, if a letter from a Soldier or Sailor in the Service of jitters ofe °n Her Majesty or of the East India Company is posted in a soldiers or of

British Colony, the Posts of which are under the controul of the 0r E.I". com- Post Office Department in this Country, such letter, provided pany- the Postage of one penny is paid, is forwarded to its destina­ tion without further charge, if it is addressed to some place to which there is a conveyance by British Packet. But, if the letter is posted unpaid, or from one of the Colonies where the Posts are not under the controul of the Post Office Department as is the case in the Colony under your Government, and where consequently the penny cannot be paid, the letter is charged on its arrival in this Country with a rate of two pence, and, if the letter is addressed to a Foreign Country or to one of the Colonies to which optional payment does not extend, for instance to the United States, the Cape of Good Hope, Australia, etc., it must be detained in the General Post Office in London until the above- mentioned rate of 2d., together with the Ship letter gratuity, should any be payable, shall have been paid. With the view of remedying the inconvenience to which I Postage to be have thus adverted, I have to instruct you to make arrange- colonyf ments for collecting in the Colony under your Government the reduced rate of one penny chargeable upon Letters, not exceed­ ing half an Ounce in weight, sent by Soldiers or Sailors in the Service of Tier Majesty or of the East India Company, and addressed to other Colonies, not under the controul of the Post Master General, or to such Foreign Countries as have not optional payment of postage with the United Kingdom. I transmit for your information, lst. A List of Countries and List of countries places to which Soldiers' and Sailors' letters can be forwarded postage rates" in transit through the L'nited Kingdom, if one penny be paid in advance upon each at the time of posting, and accounted for to the General Post Office, London; and 2ndly. A List of Countries and places to which Soldiers' and Sailors' letters can be forwarded in transit through the United Kingdom, if three 630 HISTORICAL RECORDS OF AUSTRALIA.

pence be paid in advance upon each, and accounted for in the 1848. 5 Oct. same manner, this latter charge including the gratuity of two pence payable to the Commanders of the private Ships, by which they will be conveyed to their destination from England. Principle for It is necessary, however, to explain that these rates of one rates of postage. penny and three pence respectively are based upon the supposi­ tion that the letters are brought to England by Packet. If received here by private Ship, a gratuity of two pence will be payable to the Commander upon each on its receipt, in addition to the gratuity payable upon the despatch of those which are addressed to places embraced in List 2. Letters, therefore, from any of the Colonies and Possessions enumerated in List 1 will be liable to a rate of 3d. instead of ld. or 3d. according to the destination of the letter, if forwarded to the United Kingdom by private Ship. Instructions You will forward to me, at the end of each Quarter, an re accounts and remittances of account of the Sums which may be received at the several Post postage. Offices in the Colony of ISTew South Wales in pursuance of these arrangements, and you will remit the amount so collected to the Post Master General in London, in such manner as may be found most convenient, and if possible through the Commissary on the Station. It must be understood that these arrangements will only apply to letters forwarded under the regulations laid down by the Act of Parliament for the transmission of Soldiers' and Sailors' letters. I have, (fee, [Enclosure.] GREY.

Lists of coun­ List No. 1. tries under United States; India; New South Wales; New Zealand; Cape different post­ of Good Hope; Monte Video; Buenos Ayres; Rio de Janeiro; age rates. Spain ; Portugal; Greece; Egypt; New Granada; Chili; Peru; Bolivia; Ecuador; Venezuela: Mexico; Foreign West India Islands and Possessions; Madeira; Canaries; Heligoland; Cux- haven; Oldenburgh; Mecklenburgh Schwerin; Mecklenburgh Strelitz ; Germany via Holland ; Sweden ; Norway. List Xo. >. Van Diemen's Land ; Mauritius ; Western Australia ; South Aus­ tralia ; Ascension; St. Helena; Azores; Cape de Verde; Sierra Leone; Gambia.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 175, per ship Columbus.) c Oct. Sir, Downing Street, 6 October, 1848. I have received your despatch JN~o. 97 of April 27th, enclosing a Memorial addressed to me by Dr. James Eckford, GREY TO FITZ ROY. 631

late Surgeon in the Medical Department in New South Wales, 1848. but who has now been transferred to Van Diemen's Land, pray- ' 1 1 ing for employment as a Medical Officer in any penal Establish- ^tfl[ f",^ . ' ment in the United Kingdom. pioyment from _ J. Eckford. In answer, I have to request that you will inform Dr. Eckford that the appointments to offices in the Convict Establishments in this country rests with the Secretary of State for the Home Department. T am> &c> GREY.

EARL GREY TO SIR CHARLES FITZ . ROY. (Despatch No. 176, per ship Columbus.) Sir, Downing Street, 7 October, 1848. 7 Oct. With reference to my despatch of the 30th June, 1847, Transmission of T)3.DGrs TO, No. 55, relating to the surcharges made in the Accounts of the surcharges on Collector of Customs at Sydney by Mr. Barnes, the Collector at eoiTectol of Hobart Town, I transmit for your information and guidance customs. the copy of a letter from the Secretary to the Lords Commis­ sioners of the Treasury, forwarding a Report from the Board of Customs on the subject. I also enclose with a view to such further investigation and decision on the points which have given rise to the surcharges, as are suggested by the Board of Customs, a copy of a Schedule (c) annexed to the Commissioners' Report. You will perceive, however, with reference to the other sur­ charges which had been proposed to Mr. Barnes, that their Lordships have stated that there have not appeared to be any sufficient grounds on which they could be maintained. I am, &c, GREY. [Enclosure.] MR. C. E. TREVELYAN TO UNDER SECRETARY MERIVALE. Sir, Treasury Chambers, 21st September, 184S. I am commanded by the Lords Commissioners of Her Minute and Majesty's Treasury to submit herewith Extact from a Minute schedule of the Board of Customs, dated 3rd Ultimo, relative to the sur­ charges made in the Accounts of the Collector of Customs of Sydney, New South Wales, by Mr. Barnes, Collector of Hobart Town, together with a copy of Schedule C annexed thereto; and I am to request that, in laying the same before Earl Grey, you will . move His Lordship to cause the Schedule to be forwarded to the Governor of New South Wales in order to such further investiga­ tion and decision on the points which have given rise to the sur­ charges as are suggested in the Minute. 632 HISTORICAL RECORDS OF AUSTRALIA.

1848. My Lords further direct me to request that you will inform Earl T Oct. Grey, with reference to the letter from His Lordship's Office of the Removal of 23rd April, 1847, and to the communication in reply from this surcharges. Department of the 12th June following, that an investigation by the Commissioners of Customs of the other Surcharges, which had been proposed by Mr. Barnes, it has not appeared that there were any sufficient grounds upon which they could be maintained. I am, &c, C. E. TREVELYAN. [Sub-enclosure No. 1.] EXTRACT from a Minute of the Board of Customs, dated 3rd August, Inability to 1848. decide re cer­ " With respect, however, to the Surcharges in Table C, amounting to the sum tain surcharges of £14,310 lis. 5d., although the Board have endeavoured from the best evidence of which they could avail themselves ill this Country to form an opinion as to how far the Collector should be relieved from the Surcharges comprising that sum, nevertheless, in the absence of the Collector's explanation, they are unable to arrive at a satisfactory conclusion on the subject, and they must therefore leave their ultimate disposal to the Colonial Government of New South Wales, who have better means of forming a satisfactory opinion on the spot than this Board can have in the absence of further and more detailed information on the subject." [Sub-enclosure No. 2.] [This was a detailed statement of surcharges amounting to £14,810 lis. 5d.]

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 221, per ship Ganges; acknowledged bv earl Grey, 6th August, 1849.) 11 Oct My Lord, Government House, llth October, 1848. Despatch Adverting to that part of your Lordship's Despatch oS!o. 24 acknowledged of the llth February, 1848, which relates to a provision being re right of access for abori­ made to secure to the Aborigines the free use of unimproved gines on Crown Lands for the purposes of hunting, and in other ways unimproved seeking their subsistence as heretofore, notwithstanding the crown lands. occupancy of those lands under leasehold tenure under the pro­ visions of Her Majesty's Order in Council of 9th March, 1847, I have the honor to report to Your Lordship that, having- brought the same under the consideration of my Executive Instructions Council, an instruction was, under their advice, given to the for clause in Crown Law Officers of this Colony to insert in the forms of lease. Leases for the occupation of lands beyond the settled districts a provision securing to the Aborigines the right adverted to by Your Lordship. Legal objec­ 2. In consequence of this instruction, I received from the tions to inser­ Attorney General a letter conveying the opinion of himself and tion of clause. the Solicitor General that no condition securing to the Abori­ gines the privileges of free access to lands remaining in an unimproved state could legally be introduced into the leases of Crown Lands proposed to be granted under the provisions of the Act of Parliament, 9 and 10 Victoria, Cap. 104; but suggesting FITZ ROY TO GREY. 633 that Her Majesty might by some future Order in Council autho- ISIS. rise the insertion of such a condition in the leases. Having laid this opinion also before my Executive Council, they have re- Order-in-council commended that, as a condition to the effect proposed cannot recommended' legally be introduced into the leases by the local Government, I should request your Lordship to obtain the requisite authority for its insertion by a further Order of Her Majesty in Council under the 6th Section of the Act, 9 and 10 Vict., Cap. 104. 3. For Your Lordship's further information on this subject, I Papers have the honor to enclose a transcript of the proceedings of the transmltted' Executive Council having reference to the same, and containing in the Appendix thereto a copy of the opinion of the Crown Law Officers above adverted to. •i. Your Lordship will perceive, by the Minute of the 18th July, Previous

1848, that, even before the receipt of your Lordship's instruc- 0f problem. tions, the subject had occupied the attention of the Executive Council in consequence of a representation from Commissioner Mayne of the Wellington District. Concurring, as I do entirely, in the necessity for a provision being made in the leases of the nature in question, I trust that your Lordship will see sufficient reason to apply to Her Majesty in Council for the necessary order for the purpose. 5. I avail myself of this opportunity of further suggesting to your Lordship the expediency of introducing into any new Order in Council a declaration in the clearest and most explicit Necessity for manner, according to the principle laid down in your Lordship's right'of acce'S Despatch of the llth February last, that the Lessees of Crown ^^is f°r Lands under chapters II and III of the former Order will acquire no right over such lands as may remain in an unim­ proved state, but that of exclusive pasturage; so that the public may not be precluded from access to them for such purposes as that of searching for Minerals. Unless the examination of • Lands with a view to their purchase, or for the purpose of obtaining the right of Mining, could not be legally made, and the reservations therefore contained in the Order in Council for the public benefit would, to a great extent, be rendered un­ availing. 6. It is only further necessary that I should inform your Lord- Proposed con- ship that the subject of reservations generally for the benefit of reservations for the Aborigines will, in compliance with the instruction con- aoonglnes' tained in the Despatch above referred to, receive the earnest attention of myself and the Executive Council. I have, &c, CHS. A. FITZ ROY. 634 HISTORICAL RECORDS OF AUSTRALIA. [Enclosure.] 11 Oct. PROCEEDINGS of the Executive Council relative to the measures Minutes of to be taken to secure to tbe Aborigines the right of wander­ executive council re ing over unimproved Crown lands in search of food, etc., reserve and notwithstanding the leasehold tenure under which such right of access for aborigines lands may be placed by the provisions of Her Majesty's on unimproved Order in Council of 9th March, 1847. crown lands. EXTRACT from Minute No. 48/23 dated 18 July, 1848. Members present:—His Excellency the Governor ; the Honorable the Commander of the Forces; the Honorable the Colonial Secre­ tary; The Honorable the Attorney General; The Honorable the Colonial Treasurer. The Governor lays before the Council two letters from Mr. Com­ missioner Mayne, the one proposing a Reserve of one square mile for the use of the Aborigines in a spot on the Barwin, where he has found an extensive permanent Fishery* constructed by them, and the other suggesting that a clause should be inserted in Leases of Runs, which will secure to the Aborigines such free access to land, trees and water, as will enable them to procure the animals, birds,fish, etc. , on which they subsist. The Council advise that one square mile in the locality described by Mr. Mayne, and including the Fishery discovered by him, should be reserved " for the use of the aboriginal inhabitants of the Country" under the 9th Section of Chap. II of the Order in Council, and that the requisite instruction to this effect should be given to the Deputy Surveyor General. The Council further advise that Mr. Mayne's Second letter should be referred to the Crown Law Officers with a request that they will insert in the forms of Leases, which they have been instructed to prepare, such conditions as will secure to the Abori­ gines the privileges of free access to lands remaining in an un­ improved state. Extract from Minute No. 48/28 dated 22nd August, 1848. Members present as above. His Excellency the Governor lays before the Council a Despatch from Earl Grey respecting the further measures to be taken by the local Government for the improvement of the condition of the Aboriginal Inhabitants of the Colony, and for their effective pro­ tection. (Amongst other measures to be taken for giving effect to the instructions contained in this despatch) The Council advise that an extract, containing so much of the Despatch as relates to a provision being made to secure to the Aborigines the free use of unimproved Crown lands for the purposes of hunting and in other ways seeking their subsistence as heretofore, notwithstanding the occupancy of those lands under leasehold tenure, be sent to the Crown Law Officers with reference to the Instruction, which was some short time since given to them under the Council's advice, to insert in the forms of Leases, which they are preparing, a provision * Note 44. securing to the Aborigines the right adverted to by Earl Grey. FITZ ROY TO GREY. 635

Extract from Minute No. 48/30, dated 5th September. ISIS. 1848. Members present as above. liOct. With reference to the proceedings of the ISth July and 22nd Minuteso f August last, His Excellency the Governor lays before the Council executive a letter from the Attoniev General, stating the concurrent opinion council re of himself and the Solicitor General, that, as no such condition is JflhWaccess included amongst those specified in Her Majesty's Order in Council I0? aborigines of the 9th March. 1847, the local Government cannot legally intro- on unimproved duce into leases granted under that Order a provision securing to crown lands. the Aborigines the privilege of free access to lands remaining in an unimproved state, so as to enable them to procure the animals, birds andfish, o n which they subsist. The Council thereupon recommend that, with reference to the Despatch of the Right Honorable the Secretary of State of the llth February, 1848, No. 24, His Excellency the Governor should communicate to His Lordship the intention of this Government that free access to the unimproved portions of all Crown Lands, let under the Order in Council of the 9th March, 1847. should have been secured to the Aborigines by a condition to that effect in the Leases; that His Excellency should at the same time forward to Barl Grey a copy of the opinion now before thern that such a con­ dition cannot legally be introduced into the leases by the local Government, and that His Excellency should request that the requisite authority for its insertion may be obtained by a further Order of Her Majesty in Council under the 6th Section of the Act, 9 and 10 Vict., cap. 104. FRANCIS L. S. MEREWETHER, Clerk of the Council. APPENDIX to Proceedings of the Executive Council on the 18th July, 1848, relative to the measures to be taken to secure to the Aborigines the right of wandering over^ unimproved Crown lands in search of food. No. 1. Commissioner of Crown Lands Office, Wjr Wellington, lst June, 1848. I do myself the honor to report, for the information of His Excellency the Aboriginal Governor, that, when recently on the Barwan, I visited a very extensive permanentfishery on Fishery constructed bv the Aborigines. It is in that part of the Barwan on which Barwon river. the lower part of Mr." Henry Cox's run is situated. In a broad but shallow part of the head of the River where there are numerous rocks, the Aborigines have formed several enclosures or Pens, if I may use that word, into which the fish are carried, or as it were decoyed by the current, and there retained To form these must have been a work of no trifling labour, and no slight degree of ingenuity and skill must have been exercised in their construction, as I was informed by men who had passed several years in the vicinity, that not even the heaviest floods displace the stones forming these enclosures. The Aborigines catch immense quantities of fish in these and are enabled also to destroy great numbers of fishing Birds of various kinds that are attracted to them by their prey thus imprisoned; and from these two sources the Tribes in that locality derive a considerable portion of their subsistence I have not the slightest reason to believe that any obstruction has ever been given to the Aborigines in making use of this fishery ;. but as the granting of Leases of Runs will confer powers, that m unworthy or inconsiderate hands (and mnnv such there are among the men entrusted with the charge of stations) aie fusceyoL of abuse and thaSt once given cannot readily be recalled, I do myself he Reserve honor to submit for His, Excellency's consideration the making a reserve for the proposed. Aborigines of one square Mile at that part of the River, and of access to such l Reserve. ,v ,f\rAVMI. The H°,v°drnebvle th6 COl°ni"1 SeCreta'-' Commr. Crown Lands. 7 y' .Vo. 2. Mv dear Sir Mount Arthur, Wellington, lst June, 1848. r„nlIRe in leases X e ThCe Se subjec0 t of the accompanying letter has brought very strongly before me Clause *n leases thethrese ervemnecessit tot procuro They o feAborigine introducinthe animalss sg ,Uint birdofre thse eanacces Leasedfish, s st oo fetc. lan Rund, ostes n somwhic ean hgenera dthe Wayt l ej,«l subsistClause. thal tenabl wille 'f^crow^ £*£££unlmi no flands £.accesove. £sd 636 HISTORICAL RECORDS OF AUSTRALIA.

1848. Reserving mere right of way and access to water will not be sufficient, for such 11 Oct. in general acceptation must be taken to refer only to roads or tracts and to water for men and animals necessary use and consumption. Clause in leases I am far from supposing that the rights and powers conferred by Leases of Euns required for are likely to be generally abused as regards the aborigines; but as in unworthy right of access hands they may be, and as, once given, they cannot readily be recalled or inter­ for aborigines fered with, I think the safer plan will be to take precautions against such abuse; on unimproved in short to act on the rule that prevention is better than cure. crown lands. It should not be lost sight of that many of the lessees are men of a very different class from the great majority of the purchasers of land, and that the situation of land purchased by such persons, being in almost all cases in the neigh­ bourhood of some person of respectability or of Police, prevented gross breaches of law or humanity; but, in remote places beyond the Boundaries, in the great majority of cases no such check will exist. Believe me, ke., W. C. MATXE. The Honble. E. D. Thomson. APPENDIX To Proceedings of the Executive Council on the 5th September, 1848, relative to the measures to be taken to secure to the Aborigines the right of wandering over unimproved Crown Lands in search of food. Sir, Attorney General's Office, 28th August, 1848. Leeal obiections * nave *ne honor to acknowledge the receipt of your letter of the 14th to clause re Instant, addressed to the Solicitor General and myself, and adverting to your rio-ht nf »™K« former communication of the 23d August, 1847, and stating that you are directed fnr pbnriVines aV His Excellency the Governor to transmit the enclosed letter from Mr. Com- nn ,,^nr^v»ri missioner Mayne, of the District of Wellington, suggesting that such free access to nrnwn lands land> trees and Water should be secured to the Aboriginal Inhabitants in all Leases crown lanus. Qf Crown Lands, as WJU enable them to procure the Animals, Birds, Fish, etc., on which they subsist; and requesting that, in pursuance of a recommendation of the Executive Council, we will insert in the forms of Leases, which we have been instructed to prepare, such conditions as will secure to the Aborigines the privilege of free access to Lands remaining in an unimproved state. In reply, I have; the honor to state that I have consulted with the Solicitor General on this subject, and we are inclined to think that no condition securing to the Aborigines the privilege of free access to lands, remaining in an unimproved state, could legally be introduced into the Leases of Crown Lands proposed to be granted under the provisions of the 9th and 10th of Vict., Ch. 104. Probably Her Majesty might, by some future Order in Council to be made under the 6th Section of the aforesaid Act, authorise the insertion of such a condition in the Leases ; but the present existing Orders in Council, made by Her Majesty on the 9th March, 1847, by virtue of this Act, do not seem to authorise the insertion of any such condition. The third Section of the 5th and 6th Victoria, Ch. 36, as also the 8th and 9th Sections of Ohapt. II of the aforesaid Orders in Council provide for the Grant or reservation of such particular portions of lands as may be required for the use or benefit of the Aboriginal Inhabitants; but this is very different from providing that such AboriginaSIl RInhabitant CHARLEsS shoulFITdZ havEOeY a TgeneraO EARl Lpermissio GREY.n granted to them to enter upon lands (Despatcwhich hadh bee Non .grante 223,d peorr lease shidp tGanges.o others. ) I have, ke., 18 Oct. My Lord, GovernmenJOHt HouseN H. PLUNKETT, 13th ,October Attorney, General 1848.. The Honorable the Colonial Secretary. Returns 1. In pursuance of the Instructions contained in Your transmitted. Lordship's Circular Despatch of the 16th April, 1847, I have the honor to transmit, for communication to the Lords Commis­ sioners of Her Majesty's Treasury, lst. A Table exhibiting the amount of Fees now paid to the officers of this Government entitled to emolument in cases of Escheats; together with the copy of a letter from the Attorney General furnishing the Return, and explaining the cause of the delay which has taken place in its preparation. FITZ ROY TO GREY. 637 2nd. Scale showing the rates of Commission allowed as a re- xg^g. numeration on the proceeds of sales of Confiscated property 13 0ct- made by public Officers, Auctioneers, or other persons. 3. In reference to this last Return, I have the honor to state that, having a due regard to economy and to securing a fair remuneration to the persons concerned, I do not consider any alteration in it to be necessary. I have, &c, CHS. A. FITZ ROY. [Enclosure No. 1.1 A TABLE exhibiting the amount of Fees now paid to the Officers Return of fees of the Government of New South Wales, entitled to emolu- cases 0f ments in cases of Escheats. escheats. Commissioners' Fees: Signing precept to Sheriff to Summon Jury— each Commissioner £1 1 0 Signing and sealing Inquisition—each Commis­ sioner 1 1 0 Attending to take Inquisition—each Commis­ sioner per diem 3 3 0 to 5 5 0 Under Sheriff and Summoning Officer s fees— For summoning Jury 2 2 0 For attending Inquisition per diem 3 3 0 Crown Solicitor's Fees: Common attendances 0 6 S Consultations, conferences, etc 1 1 0 to 2 2 0 Instructions for Affidavits and Ordinary Docu­ ments 0 6 8 Do. for Commission and Inquisition and other Special Documents 0 13 4 to 110 Drawing per folio 0 1 0 Ingrossing 0 0 (i Fee on Commission 2 2 0 Do. on precept to Summon Jury 1 1 0 Do. for summons for Witness 1 1 0 Attending Execution of Commission per diem .. 2 2 0 to 3 3 0 Clerk's attendances when necessary—each per diem 1 1 0 Fee on Inquisition 1 1 f> For other matters not included in the above items, the usual charges as allowed on transactions between Attorney and Client. The above items are on the same scale as Solicitors' Charges on commission of Lunacy in England. Counsel's Fees: For settling pleadings and other Matters f 1 1 0 to 3 3 0 For Signing informations, etc 1 1 0 For consultations and conferences 2 2 0 to 4 4 0 With Briefs to attend Inquisitions when neces­ sary according to the labour and difficulty .. r> 5 0 to 21 0 0 038 HISTORICAL RECORDS OF AUSTRALIA.

-•1848. [Enclosure No. 2.] 13 Oct. MR. J. H. PLUNKETT TO COLONIAL SECRETARY THOMSON. Sir, Attorney General's Office, 9th October, 1848. Reasons for We beg leave to acknowledge the receipt of your Letter of delay in sub­ the 6th June last, transmitting the copy of a Despatch from the mitting return. Right Honorable the Principal Secretary of State for the Colonies, requesting to be furnished with a Table showing the amount of Fees now paid in cases of Escheats to Officers of Government, and also your subsequent communications on the subject; and in reply we have now the honor to report that, after the receipt of your first letter, we directed search to be made in the records of the Supreme Court for the information required, and in the course of that search the papers were unfortunately mislaid by accident, owing to which there has been so much delay in furnishing the necessary reply for the information of the Secretary of State. The papers having been found within the last few days, we have now the honor to transmit the particular account of Fees and Costs (marked A) usual in cases of Escheats; but we beg to observe that very few such cases have occurred in this Colony, not more than two or three within the lastfifteen years . We have, &c, JOHN H. PLUNKETT, Scale of com­ mission on [Enclosure No. 3.] Attorney General. sales of confis­ SCALE showing the. rates of Commission allowed as a remunera­ cated property. tion on the proceeds of Sales of confiscated property made by Public Officers, Auctioneers, or other persons. On Sales not exceeding £100—5 per cent. On Sales not exceeding £150—4 per cent. On all sales realising more than £150—3 per cent. WM. LITHGOW, Aud. Genl. Audit Office, Sydney, 15 April, 1S4S.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 224, per ship Ganges; acknowledged by earl Grey, 23rd May, 1849.) 14 Oct. My Lord, Government House, 14th October, 1848. Commission of 1. I have the honor to report to Your Lordship that I have inquiry re constitution and been induced to appoint a Commission to enquire into and practice of law report upon the Constitution and the course of practice of the courts. Supreme Court of this Colony in its several jurisdictions, as well as the Constitution and practice of the Circuit Courts, Courts of Quarter Sessions, and Courts of Requests, under the following circumstances. Select commit­ 2. The subject, it appears, in some of its details, has occupied tee on powers of legislation and the attention of the Legislative Council for some years past. In taxation of the Session of 1845, a Select Committee was appointed to "en­ judges of quire into the extent and exercise of the powers of Legislation supreme court. FITZ ROY TO GREY. 639 and taxation possessed by the Judges of the Supreme Court." i«48. A copy of the provisional Report made by this Committee, 1' to which is appended a large body of Evidence taken on Select commit- ,i r - j. i . .. , . T, . tee on powers of the subject oi their enquiry will be found m the Volume oi legislation and t the Votes and Proceedings of 1845, which was duly forwarded •udg"°Sf° to Your Lordship's Department by my predecessor. Although supreme court. in their Report the Committee recommended that it should be reappointed to take further evidence and report upon the ques­ tion in the following Session, it does not appear that, beyond the re-appointment of the Committee in thefirst Session of 1846, any further proceeding was taken in the matter, it having apparently lapsed on the prorogation of the Council by Sir George Gipps on the eve of his departure for England, and has not since been revived. 3. Since that period, the necessity for the extension of the Necessity for Civil and Criminal jurisdiction of the several Courts of Justice ^fi"^"o f has been frequently pressed upon the attention of the Govern- criminal juris- ment, especially as regards the more distant parts of the Colony, courts" ° The rising importance of Geelong and Portland in the Port Phillip District and of Moreton Bay in the Northern District, as well as the growing interests in parts beyond the Settled Districts, seemed to call for some early measure that would secure to the inhabitants the advantages of Circuit Courts and Courts of Quarter Sessions. It was found impossible, however, especially as the funds for defraying the expenses of the Ad­ ministration of Justice under Schedule A of the Constitutional Act were insufficient for the purposes, to frame any measure to effect the object in question in time for the last Session of the Council. Two Bills were, however, introduced into the Council Private bills by Mr. Lowe, the Member for the Counties of Auckland and St. jj1. Lowe? ? Vincent, the one being intituled, " A Bill to abolish the Court of Quarter Sessions, and to create a fifth Judge of the Supreme Court of New South Wales," and the other " A Bill to abolish the Courts of Requests in the Country of Cumberland, to limit the jurisdiction of Petty Sessions, and to give a summary juris­ diction to the Supreme Court." 4. Although neither of these Bills was carried beyond a first reading, they having been discharged from the Votes and Pro­ ceedings upon the motion of Mr. Lowe himself, yet this was Reasons for , , dropping of done only upon the understanding that during the recess the bills. subject would engage the attention of the local Government, with a view to the introduction in the next Session of such measures as, upon mature consideration, might be deemed advis­ able for the improvement of the administration of Justice in all its branches, and its extension, as far as practicable, to all 640 HISTORICAL RECORDS OF AUSTRALIA.

1848. parts of the Colony. It was in pursuance of this understanding 14 Oct. that I thought it necessary to bring the subject under the con­ Commission sideration of my Executive Council, and under their advice to appointed on advice of execu issue the Commission, of which I enclose a copy for your Lord­ tivr council. ship's information. Commissioners 5. The gentlemen appointed to perform this duty are the appointed. Chief Justice and the two other Judges of the Supreme Court resident at Sydney, the Attorney and Solicitor General, Mr. Edward Broadhurst and Mr. Thomas John Fisher, Barristers at Law, Mr. James Norton and Mr. John Gurner, Attorneys and Solicitors of the Supreme Court. I have also appointed Mr. Secretary to George Kenyon Holden, an Attorney and Solicitor, to be the commission. Secretary to the Commission; and he only will be entitled to remuneration for his services for this duty. This I have fixed at the rate of £3 a day for every day the Commission may sit, provided the whole amount shall not exceed the sum of £300. This allowance, I propose, should be paid out of the excess on Schedule B of the Constitutional Act, which I have no doubt will very much more than cover this Expenditure. I accordingly request your Lordship's authority for the same. Limitation 6. Your Lordship will perceive by the terms of the Commission of time for that the Commissioners are required to report to me within six commission. months from the date of their appointment. As soon as I am in possession of this report, and have determined on the course which I may deem if expedient to take in reference to the several important matters which will engage their attention, it will be my duty to make a further report to your Lordship on the Expectations subject. In the meantime, I entertain a confident hope, from the re commission. high legal attainments of the gentlemen selected for this duty and from the assurance I have received from His Honor the Chief Justice of the hearty cooperation of himself and his learned colleagues in maturing the measures necessary to carry out the objects of their Commission, that I shall receive many valuable suggestions which I would have found it difficult, if not impossible, to obtain from any other source, the subject of the enquiry being one involving so much that is purely of a technical and professional character. Quorum for 7. It is only further necessary that I should inform your commission. Lordship that, in fixing the Quorum of Commissioners com­ petent to act, I have thought it expedient that it should consist of not less than three, of whom at least one shall be a Judge of the Supreme Court; and in order to insure economy in the measures to be recommended for my adoption, I have desired that the attendant expenses may be covered as far as possible FITZ ROY TO GREY. 641 by the provision made in Schedule A of the Statute, 5 and 6 1848. Victoria, Cap. 76, for the Salaries of the Judges, the Crown u 0ct' Law Officers, and the Miscellaneous Expenses of the Administra­ tion of Justice. I have, &c, CHS. A. FITZ ROY. [Enclosure.] COMMISSION.* commission for

VICTORIA, by the Grace of God. of the United Kingdom of Great cSnstUutTon and Britain and Ireland, Queen, Defender of the Faith, practice of law To Our Trusty and well beloved Sir Alfred Stephen. Knight, Chief courts- Justice of our Supreme Court of our Colony of New South Wales, John Nodes Dickinson, Esquire, one of the Justices of our said Supreme Court, and William Montagu Manning, Esquire, one other of the Justices of our said Supreme Court, John Hubert Plunkett, Esquire, Our Attorney General for Our said Colony, William Foster, Esquire, our Solicitor General for our said Colony. Edward Broadhurst and Thomas John Fisher, Esquire, Barristers at law, and James Norton and John Gurner, Esquires. Attorneys and Solicitors of our said Supreme Court, Greeting:— WHEREAS WE have thought it expedient for divers good causes and considerations Us thereunto moving that a diligent and full enquiry should forthwith be made into the Constitution, Practice, and proceedings of Our said Supreme Court in its several Juris­ dictions, and also into the constitution of our Circuit Courts, Courts of Quarter Sessions and Courts of Requests in our said Colony respectively, for the purpose of making known to us whether any and what alterations and improvements can be made therein; KNOW YE that We, reposing Great trust and confidence in your Zeal, industry, discretion, and integrity. Have authorised and appointed and do by these presents authorise and appoint you the said Sir Alfred Stephen, John Nodes Dickinson, William Montagu Manning, John Hubert Plunkett, William Foster, Edward Broadhurst, Thomas John Fisher, James Norton and John Gurner, or any three or more of you (provided always that one of our said Justices shall be one), to make a diligent and full enquiry into the constitution, the course of Practices, and other pro­ ceedings of Our Supreme Court in its several Jurisdictions, and whether any part or parts of the constitution, Practice, pleadings, and other proceedings, now used in our said Court, can be con­ veniently and beneficially altered, extended or improved, and how the alterations (if any) may best be carried into effect, and whether the Administration of Justice, Civil and Criminal, may be in any way and in what respects conveniently and beneficially extended or otherwise altered, and what will be the best means of effecting any changes in our said Courts respectively as to their constitution or Practice or both, having reference to Port Phillip and the remote portions of our said Colony, as well as those portions in or for which Courts are now established; And for the better discovery of the truth in the premises. We do by these Presents give and grant unto you or any three ou more of you (one of our said Justices being one) full powers and authority to examine witnesses and to call before you or any three or more of you (one of our said Justices being one) all and singular the Officers, Clerks, and Ministers of our said Courts and to bring SER. I. VOL. XXVI—2 S * Note 45. 642 HISTORICAL RECORDS OF AUSTRALIA.

1848. before you all and singular the Rolls, Records, Orders, Books, 14 Oct. Papers or other writings belonging to our said Court, or to any of c mrnission for the Qfficers within the same as such Officers. inquiry into And our further will and pleasure is that yon do, within six constitution and months after the date of this our Commission or as soon as the courtsnI,^+r. Ceoflaw same can be conveniently clone (using all diligence), Certify to us, under your hands and seals, or under the hands and seals of any three of you (one of our said Justices being one), your opinion on the premises, and whether any changes recommended can be effected without exceeding the sum provided in the Schedule A of the Statute, 5th and 6th Victoria, chapter 76, " for the salaries of the Judges, the Crown Law Officers and Miscellaneous expenses of the administration of Justice." And We further will and command and by these presents ordain that this our com­ mission shall continue in force and virtue for twelve calendar months; and that you, our said Commissioners or any three or more of you (one of our said Justices being one), shall and may from time to time proceed in the execution thereof and of every matter and thing therein contained, although any sitting may not be continued by adjournment. And we hereby command all and singular our Justices of the Peace, Mayors, Bailiffs, Constables, Officers, Ministers and all other living subjects whatsoever in our said Colony that they be assistant to you and each of you in the execution of these presents; And, for your assistance in the due execution of this our Commission, we have made choice of our trusy and well beloved, George Kenyon Holden, Esquire, to be Secretary to this our Commission and to attend you, whose services and assistance we require you to use from time to time as occasion shall require. In Witness whereof We have caused these our letters to be made Patent. Witness Sir Charles Augustus Fitzroy, Knight, Captain General and our Governor in Chief of our said Colony and its Dependencies, this 16th day of September in the 12th year of our reign and in the year of our Lord ISIS. SIR CHARLES FITZ ROY TO EARL GREY. By His Excellency'(Despatcs Commandh No. 225,, per ship Ganges.CHAS). A. FITZBOY. E. DEAS THOMSON. 16 Oct. My Lord, Government House, 16th October, 1848. 1. I have the honor to report that, in pursuance of the Instructions conveyed to me in your Lordship's Despatch No. 180 of the 30th June, 1847, on the subject of the surcharges against the accounts of the Collector of H.Ms. Customs at Sydney Submission raised by Mr. Barnes, I, on the 18th April last, submitted to to legislative the Legislative Council of this Colony the whole of the Docu­ council of papers re sur­ ments relating to these surcharges, in order that the Council charges on might, as directed by Your Lordship, have the opportunity of accounts of informing themselves, and of submitting to the Queen their collector of customs. opinion as to the course which it would be right and judicious to pursue. FITZ ROY TO GREY. 643 2. The Council, however, as your Lordship will perceive by the 184s. annexed copy of their reply to the message with which I accom- L' panied these Documents, declined to enter into the investiea- Eejusal oi legis- e n LI .-i T tt i -i , • i.-, lative council to tion oi the matter, on the ground that the regulation of the investigate. Customs Department has been expressly withdrawn from the control of the Council by the Statute, 7 and 8 Victoria, Cap. 72, and that no assurance is given to this Council that' the result of the proposed investigation would be final or would, indeed, in any way influence the ultimate decision of the Board of Customs." 3. Under these circumstances, it appeared to me that the best course I could pursue, in order to meet Your Lordship's desire that these surcharges should be investigated on the spot, and as an act of fairness to the Collector, would be to appoint a Appointment Board composed of the Auditor General of the Colony and two inquiry. respectable Merchants, unconnected with and independent of the Government, to carry on the investigation which the Coun­ cil had declined to undertake. 4. The time of the Auditor General being fully occupied during the Session of Council, and it being also necessary to exercise due caution in the selection of the two other gentlemen to form the Board, it was not in my power to carry my inten­ tions into effect, so soon as I could have wished; but I have now the honor to inform your Lordship that I have appointed Mr. S. K. Salting and Mr. John Lamb, two gentlemen of the highest character as Merchants in Sydney, to assist the Auditor General, and that the Board have already commenced the per­ formance of the duty entrusted to them. 5. It will be my duty to transmit to your Lordship the report of the Board, as soon as I am in receipt of it; and in the mean­ time I trust that the step I have taken will meet your Lord­ ship's approval. I have, &c, CHS. A. FITZ ROY. [Enclosure.] ADDRESS Address refus­ ing to investi- To His Excellency Sir Charles Augustus Fitz Roy, Knight Com- gate surcharges panion of the Royal Hanoverian Guelphic Order, Captain on account of c of General and Governor-in-Chief of the Territory of New South c^m°J Wales, and its Dependencies, and Vice Admiral of the same, etc., etc., etc. May it please your Excellency, . We, Her Majesty's most dutiful and loyal subjects, the Members of the Legislative Council of New South Wales, in Council assembled, beg respectfully to communicate to your Ex­ cellency the following Resolution adopted by Council this day, in answer to your Excellency's Message No. 15, received by this Council on the 19th instant: 644 HISTORICAL RECORDS OF AUSTRALIA.

1848. Resolved, after consideration of the Message from His Excellency 16 Oct- the Governor No. 15, That, as the' regulation of the Customs De- Addressrefus partment has been expressly withdrawn from the control of this ing to invest!- Council by the Statute, 7 and 8 Victoria, c. 72, and as no assurance gate surcharges is given to the Council that the result of the proposed investiga- ^lfector"^ °E tion will befinal, o r will, indeed, in any way influence the ultimate customs decision of the Board of Customs, this Council declines to enter into the investigation of the surcharges against the Collector of Customs. Legislative Council Chamber, CHARLES NICHOLSON, Speaker. Sydney, 26 April, 1848.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 226, per ship Ganges; acknowledged by earl Grey, 15th July, 1849.) My Lord, Government House, 16th October, 1848. In pursuance of the Instructions contained in your Lord­ ship's Despatch of the 20th April last, Xo. 72, I called upon the Collector of Customs at this Port to return the Commission and Instructions of Mr. Edmund Gibbes as Landing Waiter at Two­ fold Bay, that Officer having resigned his appointment. The Collector, in a letter of which I transmit a copy, explains that Resumption Mr. Gibbes resigned his appointment in consequence of ill of duties by E. Gibbes. health; but that he was so far recovered in February last as to take up bis Commission. I have,- therefore, the honor to inform your Lordship that, under the recommendation of tbe Collector, I have sanctioned Mr. Gibbes' continuing in his appointment pending the decision of the Board of Customs in the matter. I have, &c,

riT, , , CHS. A. FITZ ROY. [Enclosure.] MR. J. GIBBES TO COLONIAL SECRETARY THOMSON. Sir, Customs, Sydney, 23d September, 1848. Report re I have the honor to acknowledge the receipt of your letter resignation and of the llth instant No. 96 enclosing a copy of a Despatch from the resumption of Right Honble. the Secretary of State, and requesting that, in com­ duties by pliance therewith, I will return to you the Commission and In­ E. Gibbes. structions of Mr. Edmund Gibbes as Landing Waiter at Twofold Bay, to be transmitted to His Lordship. In reply, I beg to call your attention to the circumstance that, although Mr. Edmund Gibbes did resign his Colonial appoint­ ment as Landing Waiter at Twofold Bay in consequence of severe ill health, brought on by exposure in the execution of his duty, he had so far recovered in February last as to be able to take the Treasury appointment which was then received, and that in con­ sequence he was at once sworn in by His Excellency the Governor, and his Commission and Instructions delivered to him; the notifi­ cation of which circumstance, however, could not have reached England, at the time Earl Grey's Despatch was written. It is not usual, I believe, to cancel an Officer's Commission after it has been taken up, without some fault committed by him; and FITZ ROY TO GREY. 645 Mr. E. Gibbes, therefore, trusts that His Excellency will be pleased 1848. to permit him to retain his, until reference is made to the Lords 16 Oct. of the Treasury through the Secretary of State. Report77 There is a case in point at this Port in the appointment of Mr. resignation and J. H. Maddox, who was nominated by the late Governor Sir George resumption of Gipps to be a Clerk in the Long Room, which Office he held for a ^ef^ considerable time, until, disappointed at not hearing of its being confirmed at home, he resigned and proceeded to Tahiti. Shortly afterwards a Deputation from the Lords of the Treasury arrived for him; and, failing in his object at the S. Sea Islands, he re­ turned to this Colony some months subsequently and before the Deputation was sent back, and took it up. All the circumstances were reported home to the Honble. the Board of Customs as they occurred, and were approved of. And, altho' it was at the time of Mr. Gibbes' resignation considered necessary to fill up the appointment of Landing Waiter at Twofold Bay, it has since appeared that a second Officer is as much required at that Port as at Moreton Bay or Newcastle, from the great number of Whalers which put in there with large quantities of Stores on board, the touching of the Steamers to and from Adelaide, Launceston and Melbourne, and the various seizures which have been recently made at that place; For, notwithstanding that the Duties collected are but trifling, the Sub-Collector would scarcely be able to attend to all these details, and detect illicit trade. I have, &c, J. GIBBES, Collector. P.S.—I beg leave to transmit herewith copies of the correspon­ dence which has already taken place on this subject. SIR CHARLES FITZ ROY TO EARL GREY. J.G., Collr. (Despatch No. 227, per ship Ganges; acknowledged by earl Grey, 3rd November, 1849.) My Lord, Government House, 17th October, 1848. 17 Oct. I deem it my duty to bring under your Lordship's notice Reports re copies of two communications addressed by the Immigration immigrants jU, Agent to the Colonial Secretary of this Government, reporting ship Fairlie. on the conduct of certain single female Immigrants recently arrived by the ship " Fairlie." 2. Your Lordship will perceive that two of these Immigrants were delivered of children during their passage out to Sydney, and that a third arrived here in an advanced state of pregnancy. 3. One of these women was forwarded, as reported by Mr. Merewether, to Maitland, and there, as I am informed, obtained a situation in service. The second, Mr. Merewether reports, has been married since her arrival to one of the single male Immigrants by the same ship, to whom she had engaged herself during the passage out, notwithstanding his being aware that she was pregnant when she came on board. 646- HISTORICAL RECORDS OF AUSTRALIA.

1848. 5. The third, who is reported as having " gone to stay with 17 Oct. a friend near Sydney," soon afterwards returned to the Immi­ Reports re grant Barracks; and as the only alternative, in order that she single female immigrants per might be taken proper care of, I was obliged to order that she ship Fairlie. and another single female ImmigTant by the same ship (not reported by Mr. Merewether, but who subsequently to his report was also discovered to be pregnant) should be received into the Factory at Parramatta, where, having been placed in a separate ward, they have both been delivered of children, and still remain unprovided with situations, and are maintained at the expense of the Immigration Fund. 6. The other cases reported by Mr. Merewether are, I regret to state, of an infinitely worse description. 7. Five of the women who, as it would appear by the statement of the Surgeon of the " Fairlie," were recommended to the Commissioners " by Miss Thornton of Clapham as becoming and respectable persons," turned out to be women of most aban­ doned character, and entirely unworthy of such a recommenda­ tion. 8. In bringing the foregoing facts under your Lordship's con­ sideration, I feel it unnecessary to do more than request your attention to Mr. Merewether's concluding observations in his letter of the 29th August. I feel convinced that your Lordship will concur in the opinion therein expressed, " that it will be desirable that the Emigration Commissioners should not allow these cases to pass by unnoticed, as independently of the evident misapplication of the Emigration funds of the Colony, the mischief that may be effected by the example, set by such aban­ doned characters among the other single female Immigrants during a long passage, is too obvious to require remark." I have, &c, CHS. A. FITZ ROY. [Enclosure No. 1.] MR. F. L. S. MEREWETHER TO COLONIAL SECRETARY THOMSON. Immigration Office, Sir, Sydney, 14th August, 1848. Report bv I do myself the honor to report that I have lodged, in the P. L. S. Mere­ wether re immi­ Immigrant Barracks. Charlotte Harper, who came to the Colony grants per ship as an unmarried female by the '• Fairlie," but who was delivered Favrlie. of a child on the passage, the reputed father of which is a private in the Life Guards. Owing to her situation, she was not hired on board the vessel; and, as there were no other unmarried female and only two families remaining on Saturday evening last, I felt it my duty to order her removal to the Barracks on shore. I propose to forward her to Maitland, where she will have a better chance of doing well than here. FITZ ROY TO GREY. 647

It may be proper that I should here mention that Janet Turner, 1848. another of the unmarried females by the same Vessel, was also 17 0ct- delivered of a child on the passage. Janet Turner has, however, Report by been married since her arrival, having been under engagement to F. L. s. Mere- one oirthe single male Immigrants, which the discovery of her wether re immi- pregnancy did not break off. foiTie^ Harriet Tyler, another of the unmarried females, was in an advanced stage of pregnancy, having been, as I am informed, seduced by the son of the gentleman in whose service she was in England. This girl has gone with her sister to stay with a friend in the neighbourhood of Sydney. I have, &c, FKAXCIS L. S. MEBEWETHEB. [Enclosure No. 2.] MR. F. L. S. MEREWETHER TO COLONIAL SECRETARY THOMSON. Immigration Office, Sir, Sydney, 29th August, 1S4S. I do myself the honor to forward herewith a note from the Letters Police Magistrate at Maitland respecting Hannah Lawrence, an transmitted. unmarried Immigrant by the " Fairlie," who obtained a passage as a domestic Servant, having represented, as appears from the List of Mr. Chant, the Commissioner's Inspecting Officer, that She had been in service for five years, for two of which She had been employed in a dairy. I also forward a letter from the Surgeon Superintendent of that Ship reporting on the conduct of Hannah Lawrence, and that of her female associates on the passage. The Surgeon having spoken unfavourably of Hannah Lawrence on her arrival, She was induced to go to Maitland as a place where she would be exposed to less temptation than in Sydney. It will be seen from Mr. Day's letter that She would not accept a Situation in Maitland as a Servant, but returned to Sydney for the purpose, as She stated, of obtaining employment as a Dress-maker or Needlewoman. She has stated here that she was only in service for two months; and, from the information which I have received of her conduct since her return to Sydney, I believe her to be an abandoned woman. It may perhaps be considered desirable that Mr. Wilkinson's Proposed letter should be forwarded to the Colonial Land and Emigration inquiry by land . . r ...... i • • -, J., ._, and emigration Commissioners for their information in order that they may commissioners. institute such enquiry as they may think advisable respecting the previous character, habits of life and callings of the females, whose misconduct on the passage is reported upon by him. The Commissioners will doubtless concur in the opinion that it will be inexpedient to allow cases, such as these are supposed to be, to pass unnoticed, considering that, with the utmost precaution, there is no small danger of some portion of the funds of the Colony being applied to carry out the objects of charitably dis­ posed persons, who may desire to give females, who Have miscon­ ducted themselves at home, a chance of retrieving their character in a new country, and may sign the required certificates in their favour without reflecting that in so doing they may inflict serious injury on the Colonial Public, as well as upon the fellow passen­ gers of the females recommended by them, Should their hopes of those females' reformation not be realizedFEANCI. S LI. haveS. MEEEWETHEE, &c, . 648 HISTORICAL RECORDS OF AUSTRALIA.

1848. [Sub-enclosure No. 1.] 17 Oct. MR. E. D. DAY TO MR. F. L. S. MEREWETHER. My dear Sir, Maitland, 23rd Augst., 1848. Report re I regret to inform you that the Girl, Anne Lawrence per " Fairlie,"> has cot H. Lawrence got employment here. She says she has never been in service, and will not engage by E. D. Day ; but as a Dressmaker or Needlewoman. Such employment not having offered, she insists on returning to Sydney at her own expense, and no advice of mine can detain her. I have with difficulty persuaded her to wait until the day after to-morrow in order that I may apprize you of her intention, and that you may send some person to look after her at the Steamer Wharf by the time the boat arrives. She says an Officer's lady, a Mrs. Matthews, from the Barracks, offered her a situation as Needlewoman before she left the " Fairlie," but this I doubt much; and I fear from what I observe here that she is not inclined to aet well. Yrs. faithfully, EDW. D. DAY. [Sub-enclosure No. 2.] and by MR. F. WILKINSON TO MR. F. L. S. MEREWETHER. F. Wilkinson. Sir, Sydney Harbour, 25th August, 1S48. In accordance with your desire this day intimated to me, I beg leave to- inform you that the young woman Hannah Lawrence, lately under my charge in the " Fairlie," was, I am sorry to say, one of my worst conducted persons in the young women's Cabin. Very early in our voyage from England, I had to find fault with her behaviour^ her gross and low language, which compelled me to order her on the poop for a number of hours as a disgrace ; in fact She was one of a bad and very troublesome party that associated and planned together, setting my authority completely at defiance in every way. She is indolent, lazy, and consequently dirty, notwithstand­ ing that She could make a great display at times; and, when I had occasionally (which was frequent) to reprimand her, she was insolent, and very impertinent in her language. She always gave me to understand that her intention was to go into Service, as she said she had been before (altho' I doubted that fact), and she also told me so the day before she left the ship. She never, I think, did a bit of needlework the whole voyage, never washed one of her own clothes, but actually threw her chemises overboard, when too filthy to wear, as the lazy few she associated with. - With respect to the other ones I have alluded to, they are, Mary Sutton, a married woman, a dreadful creature, the most abusive, violent, and illtempered being in the Ship ; Emma Tapner, Mary Stout, and Rachael Brandson. The latter four women, who were recommended to H.M. Commissioners, I understood, by a lady of distinction, Miss Thornton of Clapham, as becoming and respectable persons; but I am quite persuaded she was grossly deceived respecting their true character. They were a constant source of trouble and annoyance to me from their gross misbehaviour, associating chiefly and constantly alone with the Ship's crew in direct. defiance to my orders and wishes, particularly at night, which led in some instances to serious disturbance and fights. With this furious quartette, Hannah Lawrence always rejoiced;. and, when I happened to order them below rather sooner than usually, they set up an uproar, and indulged in indecent and filthy songs, until I compelled them so to desist by threats of severe punishment. It was very distressing and vexatious to me to hear and witness these abandoned creatures conductinSIg R themselveCHARLEs Sbefor FITeZ reallROYy virtuouTO EARs Lan GREYd decen. t girls, and par­ ticularly the young innocent little girls. However as these persons upon my severe reprimand(Despatcs han Xod threat. 229s, conducte per shid pthemselve Gangess bette; acknowledger towards thde latteby rear parlt Greyof th,e passage, I did not wish to interfer10the Mayto preven, 1S49.t thei) r success in life by an honest 19 Oct. and industrious course here. I have, &c, My Lord, Government House, 19th FEEDKOctober. WILKINSON, 1848.. Claim for 1. I have the honor to transmit a letter addressed to Your compensation by J. Silver. Lordship by Dr. Silver, M.D., until recently attached to the Convict Medical Department of this Colony, praying for com­ pensation for the loss of his appointment. FITZ ROY TO GREY. 649

2. The facts of Dr. Silver's case are briefly as follows:— 1848. 19 Oct. 3. On the reduction of the Convict Establishment in this Colony, in pursuance of the arrangements entered into between ^ms'of the Lieut. Governor of Van Diemen's Land and myself, as J- Silver, reported to your Lordship in my Despatch No. 237 of the 6th December, 1847, Sir William Denison stated that the whole of the Convict Medical Department of this Colony could be absorbed in that of Van Diemen's Land; and Dr. Silver, with the other Medical Officers belonging to the Convict Establish­ ment, were directed to proceed to Van Diemen's Land accord­ ingly. 4. Oh Dr. Silver's arrival, however, in that Colony, it was found that there was not sufficient employment for the whole of the Medical Officers sent from hence; and Dr. Silver, being the junior in point of service, was compelled to return to Sydney; when finding that it was not in my power to offer him any employment under this Government, he applied for com­ pensation for the loss of his Office; but, as it appeared to me that a service of four years only did not entitle him to the gratuity he sought for, I considered it my duty to decline to comply with this request unless your Lordship should think proper to authorise it. 5. It is right tbat I should add that, during the time Dr. Silver was employed, he performed his duties very efficiently; and I, therefore, beg to recommend him for a gratuity equal in Gratuity amount to one month's Salary for each year of his service, re according to the terms of your Lordship's Despatch, JSTO. 78 of the 14th May last, which I received on tbe 18th instant. I have, &c, CHS. A. FITZ ROY. [Enclosure.] DR. J. SILVER TO EARL GREY. My Lord, Sydney, New South Wales, lst September, 1848. I have the honor to submit for your Lordship's information and commands the following facts and particulars connected with my public services as one of the Colonial Medical Officers of New South Wales during the last four years. I arrived in this Colony in June, 1844, and, on the 4th of August Services of following, was placed in Medical charge of a Detachment of the J- silver. 99th Regiment, then about to embark for New Zealand, and where I incurred the hardships and personal risk incidental to the nature of such a service. Immediately on my return to Sydney from that Colony, I was appointed Colonial Assistant Surgeon, an office which I continued tofill up to the recent reduction in the Convict establishment of this Colony. Whilst thus employed, I have been twice detached to 650 HISTORICAL RECORDS OF AUSTRALIA.

1848. Northern Australia under Colonel Barney in Medical Charge of 19 Oct. Detachments of the same " Corps," and where I had to endure Services of the privations and discomforts inseparable from the formation of J. Silver. a new Settlement. On the 15th November, 1847, I received a " Circular " from the Deputy Inspector General of Hospitals, requesting to be informed whether I was desirous of obtaining employment under the Colo­ nial Government, either as Surgeon to a " Gaol, Cockatoo Island or Orphan School," as measures were in progress for the breaking up of the Convict Establishments of New South Wales, and, at the same time, intimating that His Excellency had been pleased to reserve these appointments for the Medical Officers, whose services should become dispensed with; and in reply stated my readiness to accept of any Colonial Appointment to which His Excellency might see fit to appoint me. At this time it was not at all deemed probable that the Medical Officers of the Convict Departments of this Colony could be absorbed into those of Van Diemen's Land; yet, on the llth of March subsequently, a Dispatch was addressed to the Authorities at Sydney by the Government of Van Diemen's Land, stating that employment could be found for each of the Medical Officers in the same capacity, in which they had been employed in New South Wales. I was thereupon placed under orders for Van Diemen's Land, where I arrived, and reported myself for duty as directed to the Principal Medical Officer of that Colony, by whom I was informed that, in consequence of a mistake that had occurred, it was not practicable to find employment for me in the public service of that Colony, but that The Lieutenant Governor, Sir William Den- nison, had directed the extreme hardship of my case to be speciaUy reported to His Excellency the Governor of New South Wales, with a view of procuring me compensation for the loss of my situation. On my return to Sydney, I found that not only were the Civil Appointments already alluded to given away, but I found myself Request for suddenly thrown out of employment, and without either private compensation for loss of practice (which the varied nature of my public duties had ren­ employment. dered it impossible for me to have acquired) or the means of entering on it. I therefore on the 22nd of June last addressed a statement of my public services to His Excellency the Governor. praying that he would be pleased to grant me compensation for the loss of my appointment; and, in reply to which, I was informed that His Excellency regretted he could not comply with my application, but that he would forward it to Her Majesty's Secre­ tary of State for the Colonies, if I thought proper. It is under these circumstances, My Lord, that I presume to obtrude myself on your Lordship's notice, and in the hope that Your Lordship will see it just to grant me some compensation for the loSs of my appointment. I beg to inform your Lordship that the Principal Medical Officer of Van Diemen's Land has strongly recommended the hardship of my case to the Lieutenant Governor of that Colony, that His Excellency Sir William Dennison has had my case specially re­ ported to the favorable consideration of His Excellency Sir Charles Fitz Roy, and that the late Deputy Inspector General of Hospitals FITZ ROY TO GREY. 651 of this Colony, Doctor Dawson, as well as his successor, Principal i84S. Medical Officer Dr. Shanks, have both likewise recommended my is Oct. case as one deserving of favorable' considertaion. Reouest~for I beg to draw your Lordship's Attention to Lord Stanley's Des- compensation patch, your Predecessor in the Colonial Office, dated Downing for loss of Street, 26th of May, 1845, in which His Lordship urged on Sir employment. Eardley Wilmott, the then Governor of Van Diemen's Land, the expediency of taking steps for absorbing into the public Service of Van Diemen's Land such officers, as may become thrown out of employment on the breaking up of the Colonial Establishments of New South Wales, and so as to spare to the Public the expence of granting them pensions or retiring allowances, to which they must otherwise become entitled. In conclusion, I have the honor to appeal with most respectful confidence to Your Lordship, in the hope that, as my services have not been made available in the Sister Colony, Your Lordship will be pleased to allow me the benefit of your Predecessor's Dispatch to Sir Eardley Wilmott, a benefit which has been extended to several officers of the Convict Department of this Colony, and grant me whatever amount of compensation or retiring Allowance may appear reasonable and just to Your Lordship under the circumstances. I have, &c, JOHN SILVER, M.D., late Colonial Assistant Surgeon. Annexed is the copy of a letter addressed by the Deputy Inspector General of Hospitals to His Excellency, and to which I beg Your Lordship's attention. [Sub-enclosure.] DR. DAWSON TO COLONIAL SECRETARY THOMSON. Sir, P.M.O.'s Office, Sydney, 30th October, 1847. Referring to your letter of 24th Sepr., 1847, No. 47/78, on the proposed Statement by reduction or abolition of the Convict Medical Department in N. s. Wales, I beg to W. Dawson re transmit herewith a return of the Medical Officers now employed (inclusive of surgeons of Surgeon Brooks lately retired in consequence of ill health from active service, but convict medical still in the receipt of a daily pay of lis. 6d. per diem until the pleasure of Her department. Majesty be known as to his future provision) with the view of showing the length of the service of each and the rate of pay received by them during their service. It will be perceived that the highest rates of pay received by any of the Surgeons is 13s. per diem or 15s. without any allowance for a horse, a rate equal only to that paid to the junior class of military Surgeons, and not increased as that of the Military Surgeons by length of service; altho., at the time this rate of pay was given, they were led to believe that, in every respect, their pay and allowances and duties as far as possible were to be assimilated to those of Army Surgeons. They have been often called on to take the charge of Military Detachments as well as of Convict Hospitals. They have been removed frequently from Station to Station, and, in no instance among those now remaining in employment, have they been able to increase their incomes by private practice to any extent. Some of them are men advanced in years; the three Seniors are certainly not likely to be capable of active employment for more than a few years longer, and not one of them, I believe, is in possession of other means of future support than his Pro­ fessional exertions. They all indulge the hope, on the abolition of the Convict Medical Department. of some remuneration for the years they have spent in the service of the public ; and I feel it my duty to recommend to His Excellency the Governor to bring to the consideration of The Right Honorable the Secretary of State for the Colonies their services and claims for a future provision or Half Pay on a similar Scale to that allowed to Army Surgeons of the lowest Rank and of similar length of services. If the Surgeons of the Convict Medical Department have enjoyed the advantages of a continued residence in a healthy Climate, they have, on the other hand, been deprived of the advantage of rising to the higher Rank in the service enjoyed by the Army Surgeon. I have> &c-i WILLIAM DAWSON, M.D., P.M.O. 652 HISTORICAL RECORDS OF AUSTRALIA.

1848. SIR CHARLES FITZ ROY TO EARL GREY. 21 Oct. (Despatch No. 231,-per ship Ganges.) My Lord, Government House, 21st October, 1848. Remittance I have the honor to transmit an Estimate of tbe probable for colonial amount of Expenses required to be paid by the Colonial Agent services. General in England for services on account of this Colony up to 31st March, 1849, and to state to your Lordship tbat I have given directions for the amount, viz., £390 12s. 6d., to be issued from the Colonial Treasury to Deputy Commissary General Ramsay. I have, therefore, the honor to request that Tour Lordship will give directions for a corresponding amount to be issued to Mr. Barnard from Her Majesty's Treasury to enable him to make the several payments. Estimate of 2. The amount, as shown in the Estimate, is chargeable to the expenses. following funds, viz.:— 1. On the Schedule A, B and C, appended to the Act of Parliament, 5 and 6 Vict., ch. 76 £275 0 0 2. On the General Revenue at the disposal of the Legislative Council . . . . 87 10 0 3. On the Crown Revenue 28 2 6 3. I have the honor to add that the usual Certificate from the Deputy Commissary General of the receipt of the money will be transmitted to Mr. Barnard. I have, &c, CHS. A. FITZ ROY. [Enclosure.] [A copy of this estimate is not available.]

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 178, per ship Columbus: acknowledged by Sir Charles Fitz Roy, 19th May, 1849.) 22 Oct. Sir, Downing Street, 22 October, 1848. Application I transmit to you herewith copies of a correspondence by Revd. with the Revd. Dr. Lang on the subject of an application from J. D. Lang for bounty on him for the payment of bounty on certain Emigrants, whom he immigrants. had despatched to Moreton Bay to be employed in tbe cultiva­ tion of Cotton, notifying at the same time that these Emigrants would be followed in regular succession by numerous others of the same character and description. Previous refusal Dr. Lang bad on more than one occasion submitted his of bounty. scheme for the consideration of Her Majesty's Government, and he had been distinctly informed that it was one which could not receive the encouragement which he requested in the shape of Bounty which he now solicits. GREY TO FITZ ROY. 653 You will perceive that, notwithstanding such refusal, he has 1848. 22 Oct proceeded to select and embark the Emigrants on account of whom he now applies for Bounty. I consider it especially necessary that the authority of the instructions Government should not be suffered to be thus set aside; and you bounty. will take care that no bounty is issued on account of Emigrants set out under such circumstances under the supervision of private Individuals and in disregard of the regulations of the

Government. I am, &c, GREY. [Enclosure No. 1.] REVD. J. D. LANCJ TO UNDER SECRETARY HAWES. 22 Ironmonger Lane, Cheapside, Sir, 12th September, 1848. I have the honor to inform you that, after many and great immigration difficulties and disappointments, I have succeeded at length in organised to organizing the requisite Machinery for directing a copious Stream cultivation of °r of emigration of the industrious classes of Society of Great Britain cotton, etc. and Ireland to the District of Moreton Bay in the Colony of New South Wales, principally with a view to the formation of one or more agricultural Settlements on the Brisbane River in that District for the cultivation of Cotton and other tropical produce by means of European free labour. In regard to the nature and character as well as the national importance of this object, I beg Testimonials to submit the accompanying testimonials; viz. a copy of a letter submitted. to myself from Thomas Bazley, Esqr., President of the Chamber of Commerce at Manchester, and a certificate of the character and value of Australian Cotton from a Mercantile firm of the highest standing in the City of Glasgow; the Originals of both of which documents are at present in the Office of the Board of Trade. The first party of Emigrants, under the arrangement to which Departure of I have referred, consists of about Two hundred and Ten Statute immigrants. Adults, who will sail from London direct for Moreton Bay to­ morrow, and be followed in regular succession by numerous others of the same character and description. For the conveyance of the first party, it was found to be necessary to hire a Vessel expressly for the purpose;' and the " Fortitude," a first Class Vessel of Six hundred and Forty Tons remarkably adapted for such a service, has accordingly been chartered for the Voyage Out, and is now ready for sea. But, although such an arrangement was indis­ pensably necessary in the first instance, the emigration to be effected in future by means of the Machinery to which I have adverted will all be under the superintendence and management of the Government Commissioners of Emigration. That Machinery colonization consists of two Colonization Companies, the one for the Port companies. Phillip District chiefly, and the other for Cooks land* or Moreton Bay; but, as the latter of these Companies is not yet definitely organized, the present enterprize will be conducted under the auspices of the Port Phillip * ColonizatioNote 46. n Company, of which I have the Honor to be Chairman. 654 HISTORICAL RECORDS OF AUSTRALIA.

1848. The Emigrants per the Fortitude consist chiefly of agricul­ 22 Oct. turists. Mechanics of various handicrafts and persons going out Immigrants per with the intention of being employed in the service of others, ship Fortitude. either in the towns or in the different agricultural and pastoral establishments of the District. They consist in great proportion of large families, including not a few reputable young females, and they have all been selected by myself, as well for their moral as for their industrial qualifications, principally with a view to the formation of one or more agricultural Settlements for the Request for growth of Cotton on the Brisbane River. bounties on In such circumstances, I trust the Right Honorable the Secre­ immigrants. tary of State for the Colonies will not be unwilling to recommend to the Colonial Government that the case should be regarded altogether as an exceptional one, and be dealt with accordingly in the spirit of the Regulations or Ordinance referring to the intro­ duction of foreigners for the culture of the Vine and for other branches of cultivation suitable to the Soil and climate, but to which British Subjects are not accustomed. In such cases bounty of £18 (Eighteen pounds) is guaranteed by the Colonial Govern­ ment for each Adult imported into the Colony; but, in the present case, the Emigrants, who are going out to introduce into the Colony a new branch of cultivation peculiarly suited to the soil and Climate, and of vast importance to the Empire generally, are exclusively British Subjects aud not Foreigners. In such circum­ stances, I trust Her Majesty's Government will not be unwilling to recommend to the Colonial Executive to extend the provisions of the Colonial Ordinance to the case under consideration; especially as it is not money (with the exception of a compara­ tively small amount for the payment of the customary gratuities to the Surgeon and the Captain and Officers of the Ship), but Land that is required for carrying out the important object in view. The parties, who have advanced the funds for this object, have done so in the confident expectation of obtaining Waste Lands for cultivation to an extent commensurate with the cost of the Emi­ gration they are effecting; and it would not only be ruinous to Proposed those concerned but prejudicial in the highest degree to the cause cultivation of of emigration and to the best interests of the Colony, if any diffi­ cotton by culties should be thrown in the way, merely because there has immigrants. been a slight but unavoidable deviation from the usual course of procedure in the matter of emigration. It is intended that the Emigrants per the " Fortitude " generally shall be settled in suitable localities for the growth of Cotton, on small farms of eighty Acres each, to be cultivated by themselves; and, as it would be of vast importance to have the capabilities of the Soil and Climate for the production of Cotton ascertained as extensively as possible during the year 1849. I beg leave to request Departure of that it may be recommended to the Colonial Executive to expedite ship Fortitude. the necessary arrangements for the allocation of Land for these Emigrants as much as possible, as the season for sewing the Cotton seed will commence almost immediately after their arrival. I have, &c, JOHN DUNMORE- LANG. P.S.—As this letter has been accidentally detained. I beg to add that the " Fortitude" sailed from Gravesend for Moreton Bay, with her full complement of Emigrants on the 14th Instant. Glasgow, 19th September, 1848. J.D.L. GREY TO FITZ ROY. 655

[Sub-enclosure No. 1.] 1848. COPY of a letter from T. Bazley, Esqr.. President of the Chamber 22 0ct of Commerce at Manchester. My Dear Sir, New Bridge Mills, Manchester, 27th May, 1848. If, whilst you are in London, you can interest influential individuals in the Opinion re promotion of the growth of Cotton Wool in Australia, You will confer in my cultivation of opinion an important benefit which will be equally participated in by that Colony cotton in and this Country. Australia. During your interview with the Directors of the Chamber of Commerce of this City, You most satisfactorily demonstrated the possibility of producing Cotton in Australia; and, as the President of that body, as well as in my individual capacity as a Cotton Spinner, I shall always acknowledge the services which you are rendering by endeavouring to develope the vast resources of your adopted Country, and I must offer my high approbation of the Cotton which has been already grown in Australia and of itsfitness for the most extensive consumption in Lancashire. Had our trade been, during the last three years, even in an ordinarily prosperous state, I feel strongly that pecuniary support to any reasonable extent would have been afforded to promote the cultivation of Cotton in Australia; but, with the ruinous state of things which has prevailed here during that period, it is quite impossible for our reputed wealthy classes to spare money means to assist in raising a raw material indispensable to the welfare of this district. The best plan, and its details by which the object can be attained which I am now recommending, will, I am sure, be more ably contrived by yourself and friends in London, than by any scheme which I could suggest, my strong feeling being simply that it ought to be accomplished. With my best wishes for the success of your laudable exertions, believe me to remain, ke., THOS. BAZLEY. [Sub-enclosure No. 2.] COPY of Certificate of the Quality of Australian Cotton. Dear Sir, Glasgow, 15th April, 1847. We have examined the small sample of Cotton Wool from Australia* care- Certificate re fully, and give it as our opinion that, if quantity could be produced, it is a very quality of valuable kind and would in the present state of the Market readily sell at from Australian lid. to 12d. per lb.; say, eleven pence to one shilling per pound; it is clean in cotton. Colour, fine stapled, but rather weak, which by care taken in cultivation might be much improved. We remain, ke., JAMES and JOHN WEIGHT. [Enclosure No. 2.] UNDER SECRETARY HAWES TO REVD. J. D. LANG. Sir, Downing Street, 21st October, 1848. I am directed by Earl Grey to acquaint you that his Lord- Letter ship has had under his consideration your Letter, dated the 12th acknowledged. Ultimo, but not received in this Department till the 22nd. In that Letter, you request that it may be recommended to the Local Government of New South Wales to allow Bounty on certain Emigrants despatched by you to Moreton Bay in the Ship " Forti­ tude." You state, in a Postscript to that Letter bearing date the 19th September, that the Ship sailed on the 14th of the same month. You further state that the Emigrants in question have been selected by yourself with a view to the formation of Agricul­ tural Settlements for the Growth of Cotton, and that they will be followed in regular succession by numerous others of the same character and description. In reply, I am directed to observe that you have already been made acquainted with the general rules which have been laid down as the conditions on which alone any aid from Public Funds can be granted towards the conveyance of Emigrants to Australia and of the reasons upon which those rules have been adopted. *Marginal note.—Grown on the Brisbane River at Moreton Bay, and forwarded through a mutual friend to Mr. MeBryde by Dr. Lang. 656 HISTORICAL RECORDS OF AUSTRALIA.

1848. You have not, however, thoughtfit to conform to them; and, there­ 22 Oct. fore, Lord Grey considers it necessary for the protection of the Refusal of Public interest to decline to order the payment of any Bounty for bounty on persons who had been sent out, not only without the previous immigrants. sanction of the Government, but in disregard of those conditions to which I must again refer you. j ijave &c. B. HAWES.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 179, per ship Columbus.) 23 Oct. Sir, Downing Street, 23 October, 1848. Confirmation I have laid before the Queen the Act passed by tbe Legis- eo0fs\?te Redferatrusnt act. lature of New South Wales on the 29th June, 1847, enclosed in your Despatch No. 241 of the 16th Deer, of that year, and entitled an Act " to appoint John Alexander to be the Trustee of certain Indentures of Lease and Release by way of Settle­ ment, bearing date respectively the 2nd and 3rd day of August, 1842, and for other purposes therein mentioned"; and I have now to acquaint you that Her Majesty has been pleased to con­ firm and allow the same. You will communicate Her Majesty's decision to the Inhabi­ tants of the Colony under your Government by a Proclamation to be published in the usual and most authentic manner. I have, drc, GREY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 232, per ship Ganges.) My Lord, Government House, 23d October, 1848. Remittance 1. I do myself tbe honor to inform your Lordship that for purchase Requisitions have been forwarded to the Colonial Agent of stationery. General For Stationery for the use of the Departments of this Government, forming a charge on the General Revenue at the disposal of the Legis­ lative Council, the cost being estimated at . . £2,400 0 0 For stationery for the Departments forming a charge on Schedule A of the Act, 5 and 6 Victoria, C. 76 180 0 0 Ditto, Schedule B 250 0 0 for the service of the year 1850; and that I have given the necessary authority for the estimated expense of the whole, viz., £2,830, being issued from the Colonial Treasury to the Deputy Commissary General. I have, therefore, to beg that GREY TO FITZ ROY. 657 your Lordship will give directions for an equal sum to be paid o^cf't to Mr. Barnard from Her Majesty's Treasury to enable him to comply with the Requisition. I have, &c, CHS. A. FITZ ROY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 233, per ship Ganges.) My Lord, Government House, 23d October, 1848. I have the honor to acknowledge the receipt of your Despatch Lordship's Despatch of 20th October, 1847, No. 240, on the acknowledged. subject of an application made to Your Lordship by the Most Reverend Archbishop Polding, whilst in England, for the grant of passage allowance to three Roman Catholic Clergymen in this Colony, and to inform your Lordship in reply that, as there Remittance for a n are funds available to meet the expenses under Schedule C of p"ssaK e 0f the Constitutional Act, 5 and 6 Victoria, Ch. 76, I have given RC- clergy. directions, in compliance with an application from Archbishop Polding, for the sum of £450 to be remitted through Deputy Commissary General Ramsay to the Colonial Agent, who has been requested to pay the amount to the Revd. Thomas Hepton­ stall of Acton, London, to defray the expenses incurred by Arch­ bishop Polding on account of the outfit and passage of three Roman Catholic Clergymen to Sydney. 2. I have the honor to add that the usual Certificate from the Deputy Commissary General of his receipt of the £450 will be transmitted to Mr. Barnard, and to request that your Lordship will give directions for a corresponding amount to be issued to that Officer from Her Majesty's Treasury to enable him to pay the same to the Revd. Mr. Heptonstall. I have, &c, CHS. A. FITZ ROY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 180, per ship Columbus.) Sir, Downing Street, 24 October, 1848. 24 Oct. I have referred to the Lords of the Treasury a Copy of increase of your Despatch No. 83 of the lst April last, enclosing a Petition w."7 Sparrow. from Mr. W. C. Sparrow, Locker in the Customs Bonded Stores at the Port of Melbourne, praying for an increase of Salary; and their Lordships have apprized me that, adverting to the great encrease which has taken place in the Warehousing Department of that Port since his present rate of emoluments was fixed, they have assented, to the addition of £50 per annum to Mr. Sparrow's salary. I have, &c, GREY. SER. I. VOL. XXVI—2 T 658 HISTORICAL RECORDS OF AUSTRALIA.

1848. EARL GREY TO SIR CHARLES FIT/, ROY. 25 Oct. (Iiespatch No. 181, per ship Columbus; acknowledged by Sir diaries Fitz Roy. 20th May. 1849.) Sir, Downing Street, 25 October, 1848. Letter trans­ I herewith transmit to you the Copy of a letter from mitted from Lieut. Colonel Whyte, and, in compliance with that gentleman's J. Whyte. request, I have to desire that you will cause the proper enquiry to be made, with a view of ascertaining whether Mr. Gore is or is not in existence, and that, in the event of his death, you will send home a Certificate of his burial. I have, &c, GREY. [Enclosure.] LIEUT.-COLONEL WHYTE TO TJXDER SECRETARY. Sir, Newtown Manor, Sligo. 16th Octr.. 1848. Request for I beg to represent that William Gore, Esqre., of Sligo in report re Ireland, is the life in a farm of considerable value to me. named VV. Gore. Money duff in the county of Leitrim. Many years ago, the said William Gore went to New South Wales, and resides or did reside at a place called Orturmon or Artumnor Castle, near the Town of Sydney; he is a person of some consideration, and acted I believe as Sheriff for that district in 1836. I have taken every step in my power to ascertain whether the said Wm. Gore is still alive or not; but, though I have every reason to believe he died about 2 years and J ago, I am unable to produce such evidence as will satisfy the Courts at Law in this Country. Under these circumstances, I am advised that the only sufficient information which I could obtain in the point would be a report from the Governor of New South Wales as the existence of this person. I would, therefore, take the liberty to request that Earl Grey would be so good as to desire the Governor of New South Wales to enquire and report whether the said William Gore is still alive in that Colony or not, and, if he should be dead, to send home a certificate of his burial. I have, &c. J. WHYTE, Lt. Col'l. P.S.—I should feel obliged by your directing the answer to this. when obtainedSI,R t oCHARLE WilliaSm FITWhyteZ RO. YEsqre. TO EAR, NewtowL GREYn. Lodge. Sligo. (Despatch No. 235. per ship Ganges.) My Lord, Government House, 25th October, 1848. Completion of Adverting to my Despatch of the 31st August, 1846, No. 9. lishthouse on I do myself the honor to inform your Lordship that one of the Cape Otwny. Light Houses therein alluded to has been erected on Cape Otway in Bass' Straits; and that a Memorandum respecting the Light has been published in the New South Wales Government Gazette. Of this Memorandum and preparatory Notice I have the honor to enclose a copy. I have, &c, CHS. A. FITZ ROY. [Enclosure.] [This memorandum in the " Government Gazette" was dated 20th October, 1848.] GREY TO FITZ ROY. 659

EARL GREY TO SIR CHARLES FITZ ROY. 1848. (Despatch No. 1S2, per ship Columbus; acknowledged by Sir Charles Fitz Roy, 28th April, 1849.) Sir, Downing Street, 26 October, 1848. I transmit to you the copy of a letter from Mr. W. H. Application Mackenzie who asks to be allowed to rent, for 21 or 25 years, Mackenzie for about 40 sections of Land, being part of 83,000 acres granted to clergy and the Clergy and School Estates in Bathurst. sch°o1 estates: The land in question is, I presume, a part of the former property of the Church and School Corporation, but which, on the dissolution of the latter, vested in the Crown, to be applied for the promotion of religion and Education, under the com­ bined operation of an Order in Council of 4th February, 1838, and the 36th Clause of the Corporation's Charter, and which my Predecessor Lord Glenelg, by his despatch of 30th Novem­ ber, 1835, directed to be sold. I am not aware what course has been pursued in the Colony Report required. respecting these lands. Mr. Mackenzie has been informed that I am unable to entertain his application without a previous reference to yourself, and I should be glad to receive your report on the subject. j am £c GREYr. [Enclosure.] MR. W. H. MACKENZIE TO EARL GREY. Hammersmith, No. 8 Sussex Terrace, My Lord, 18 Sept., 1848. The object of my enquiry in a former letter about Church Application for Land was for the purpose of making application to rent, for the Strict of"d '" term of 21 or 25 years, 40 Sections or thereabout of the Lands in Bathurst. the Colony of New South Wales, being part of 83,000 Acres, granted to the Clergy and School Estates at King's Plains in the District of Bathurst. I left Sydney in February last, having resided in the Colony 25 years; and my intention is to return if I can arrange to rent the quantity of Land I have mentioned above, taking with me a sufficient number of respectable Emigrants (the Sons of gentle­ men) to form a Settlement to carry on Sheep farming and Agricul­ ture. My Association will be the model of a Colonial School for tbe instruction of those who may accompany me. as they will reside with me, and have the opportunity of acquiring a practical know ledge of Colonial Life, before they commence as Settlers on theii own account. An early reply will much oblige. Yours, etc., W. H. MACKENZIE, 660 HISTORICAL RECORDS OF AUSTRALIA.

1848. SIR CHARLES FITZ ROY TO EARL GREY. 27 Oct. (Despatch No. 237, per ship Ganges.) My Lord, Government House, 27th October, 1848. Despatch 1. I have the honor to acknowledge the receipt of your acknowledged. Lordship's Despatch of the 28th October, 1847, No. 251, forward­ ing a copy of a Memorial from Patrick O'Keefe, applying for information relative to the property supposed to have been possessed by his late uncle, Patrick Irwin, in this Colony, and directing me to transmit to you any particulars which I might be able to obtain on the subject. Absence of 2. In reply, I have the honor to state that the Curator of record of estate of P. Irwin. Intestates' Estates in Sydney has reported that Irwin's name does not appear in the list of Estates that have been collected by the Supreme Court. Inability to 3. I beg also to acquaint your Lordship that, having directed report re the Superintendent of the Sydney Police to make enquiry P. Irwin. respecting Irwin, that Officer has stated that, after the strictest enquiry in every quarter and amongst the oldest Colonists, he has not been able to discover that any such individual resided in the neighbourhood of Sydney. I have, &c, CHS. A. FITZ ROY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 238, per ship Ganges.) 28 Oct. My Lord, Government House, 28th October, 1848. Despatches I have the honor to acknowledge the receipt on the 18th acknowledged. instant by the ship " Achilles " of your Lordship's Despatches enumerated in the margin,* and also on the 24th instant by the ship " Trafalgar " of your Lordship's further Despatches noted in the margin, f I have, &c, CHS. A. FITZ ROY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 239, per ship Ganges.) 30 Oct. My Lord, Government House, 30th October, 1848. Despatch 1. I have had the honor duly to receive your Lordship's acknowledged. Despatch of the 31st May last, marked " Military" No. 15, directing me to ascertain and report what may have become of William Willmott, a soldier of the 99th Regiment, who is stated

* Marginal note.—Per " Achilles ": Nos. 75 to 88, Military Nos. 13 and 15, Circular, 26 May, '48. t Marginal note.—Per " Trafalgar " : Nos. 89 to 106, Military Nos. 16 and 17, Circular, 1 June, '48. GREY TO FITZ ROY. 661

8 8 to have been employed at the end of the year 1846 in the 3o n t Mounted Police of this Colony, and I beg to acquaint your ' Lordship in reply that, having caused the necessary enquiry to w! Wiiimott. be made respecting Willmott, I find that he is at the present time serving in the capacity of a Trooper in the Bathurst division of the Force above referred to, and that he is in good health. 2. I have further the honor to state, with reference to the in­ struction contained in the latter paragraph of your Lordship's Despatch, that I have given directions for the insertion in future in the Blue Books of the names of the men belonging to the Mounted Police of this Colony. j have &c.

CHS. A. FITZ ROY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 183, per ship Columbus.) Sir, Downing Street, 31 October, 1848. 31 Oct. I transmit to you herewith a Copy of a letter from the Letter Secretary to the Commissioners of Stamps and Taxes on the subject of an arrear of Income Tax, amounting to £10 15s. lOd. due by Mr. Milford, Master in Equity in New South Wales; and I have to request that letter to Mr. Milford, and call upon him to pay without delay whatever may be due to the Commissioners. I am, &c, GREY. [Enclosure.] MR. J. SARGENT TO UNDER SECRETARY HAWES. Stamps and Taxes, Somerset House, Sir, 23d October, 1848. I am directed by the Board of Stamps and Taxes to state Arrears of 1 c 0 ax that there is an arrear of Income Tax amounting to £10 15s. lOd. d" e {^ outstanding against Mr. Samuel Frederick Milford, the Master in S"F. MHford. Equity for New South Wales. This arrear is due for the year 1.S42 ended 5th of April, 1843, under an assessment which was made in Surrey Street, Strand, upon Mr. Milford's own return of the profits arising from the pro­ fession which he then exercised as a Barrister. In the month of January, 1845, a letter was forwarded from this Office to Mr. Milford at Sydney, requiring payment of the amount, to which, however, he has paid no attention; and, as he holds the Colonial appointment above mentioned, the Board have directed nie to make this representation to you, and to request your inter­ ference with a view to obtain a settlement of the arrear. I have, &c\, J. SARGENT. 662 HISTORICAL RECORDS OF AUSTRALIA.

1848. EARL GREY TO SIR CHARLES FITZ ROY. (Despatch Xo. 184, per ship Columbus.) Sir, Downing Street, 31 October, 184*. With reference to previous correspondence relative to the importation on bounty of a limited number of Foreign Labourers Departure of into New South Wales, I transmit to you herewith a Copy of a Hamburg with Report from the Colonial Land and Emigration Commissioners, foreign immi- from which it will be perceived that notice had been given to colony. that Board of a Ship's having been despatched from Hamburgh by Mr. Delius with 200 or 250 Foreign Emigrants, under the expectation of the payment by Government of a bounty of £2 10s. on each, although Mr. Delius had neglected to observe the conditions on which alone the Bounty could be claimed. instructions Under all the circumstances of the case, I think it desirable of bounties. that, if you should be able to defer any decision in the case until the receipt of the explanations which Mr. Delius has been called upon to furnish, you should adopt that course; but, if you should find that such a mode of proceeding would be incon­ venient to the parties, on account of the early departure of the Ship from the Colony, or for any other reason which may occur to you, there would seem no objection, considering the tenor of the correspondence which has passed on this subject, to your granting the Bounty of £2 10s. on such of the Emigrants sent out on this occasion as really fall within the prescribed con­ ditions. At the same time, you should peremptorily refuse to pay bounty on any of the Emigrants, to whom those conditions do not apply; upon which particular, it is the more necessary to observe great strictness in order that parties might not sup­ pose that they would gain any advantage by despatching Emi­ grants without the proper preliminary correspondence with the Emigration Commissioners in this Country. I shall transmit a Duplicate of this Despatch under a flying seal to the Superintendent at Port Phillip for his information and guidance by earliest direct opportunity for that District. I have, &c, GREY. [Enclosure.! LAND AND EMIGRATION COMMISSIONERS TO UNDER SECRETARY MERIVALE. Colonial Land and Emigration Office. Sir. 4th October. 1S4S. Correspondence It will be within Lord Grey's recollection that, in the course re foreign 0f the present year, we have been engaged in negociations with immigrants. Mr DeimSj a Merchant of Bremen, with respect to an Emigration of Moravian or Silesian Emigrants to New South Wales. It will be perceived from our Correspondence with that Gentleman (from GREY TO FITZ ROY. 663 whom we annex Extracts) that, in the two letters which we have 1848. addressed to Mr. Delius. we have required, as a preliminary to 3i0ct. any definite arrangement, that he should send ns for our approval Con(jitions a List of the names. Sexes and occupations of the proposed Emi- imposed re grants. The obtaining such a List, and the rendering the pay- foreign immi- ment of Bounty contingent on its being found correct by the «rants- Colonial Authorities was obviously the only security that we could take against the Emigration of improper persons, and Mr. Delius' letter of the 5th May shews that he was perfectly aware that this preliminary was required. No such List has ever been received Non-fulfilment by us, but, on Saturday, the 30th Ultimo, we received an intiina- of corditions' tion from Mr. Westgarth, who had acted with Mr. Delius in this matter that the first body of Emigrants, 200 or 250 in number, were to leave Hamburg on the following Monday the 2d Instant, and that they had been informed that they would receive in the Colony a Bounty, apparently of £2 10s. a head. As these Emi­ grants have been embarked, if Mr. Westgarth's statement is correct, in direct neglect of the very first condition insisted upon by us, it becomes a question that instructions shall be sent to the Colony with respect to the payment of Bounty. On the one hand, there is Problem re great danger lest the Germans, who have embarked in the expecta- bounties °f tion of assistance from the British Government, should be led to suppose themselves victims of a breach of faith; and, on the other hand, there is the circumstance that the promise, held out by Mr. Delius, is wholly unauthorized by the communications made to him from this Board, and that it is extremely inexpedient to allow the Government to be forced by proceedings of this kind to make payments without the performance of the conditions, on which those payments are alone due. It will be seen that we have written to Mr. Delius for an ex­ planation of his proceedings, the account of which has, as yet, only reached us through Mr. Westgarth. But it appears necessary in the meantime to provide for the contingency of these persons arriving in the Colony, and claiming payment of the Bounty in virtue of a transaction, of which the Colonial Authorities are as yet almost wholly uninformed. To obviate, as far as may be, the possibility of this inconvenience, we would suggest that copies of the correspondence, which we enclose, should be sent to the Colony, and that the authorities should be directed not to acknow­ ledge any claim upon the Government for Bounty with respect to these Emigrants, until they shall receive further directions, and to explain to the claimants that their disappointment is exclusively owing to the proceedings of Mr. Delius. It is possible, however, that Lord Grey may be of opinion that the Colonial Authorities should be empowered to settle this ques­ tion at once. In that case, they might be authorized to pay so much of the Bounty as they should themselves consider fairly due with reference to the conditions required by our letter of the approvasupposfroDresserswhol1siderabl6 Maym ea eo ,l desirre , thaan oanfWinproportiod tythi e especiallparethtso eMakerBoardsent hurrieonfd ythunfio.s f ethad ant Bountyth tdespatcperson depar WinEmigrantt, seoih ff withou Coopers theroitf swhicth e tshouleshoul submittin; hEmigrant burequireddt bconsisteo gan swithhol theythahat reasotoms f aarisetd o Vinconnth th tene­o 664 HISTORICAL RECORDS OF AUSTRALIA.

1848. When we hear Mr. Delius' account of what has passed, we 31 Oct. shall submit for Lord Grey's c-onsideration some definitive con­ clusion on the whole matter. We have, &c, T. W. MLBDOCK. FREDERIC ROGERS. [Sub-enclosure No. 1.] EXTRACT of a Letter from S. Walcott, Esqr., to Edward Delius, Esqr,, dated Colonial Land and Emigration Office, 9 Park Reply to Street, Westminster, 15th March, 1848. proposals of " I am directed by the Colonial Land and Emigration Commissioners to acknow­ E. Delius re ledge your letter of the 18th ultimo, respecting certain bodies of Germans, who foreign immi­ are anxious to emigrate to the British Colony of New South Wales. grants. " The Commissioners fear, from part of your letter, that you have not perfectly understood the terms on which Her Majesty's Government are disposed to aid this Emigration from Colonial funds. " It has been represented to Lord Grey by Mr. Westgarth that a body of about 200 Silesians, almost entirely of a Labouring Class, and most of them conversant with the culture of the Vine and manufacture of Wine, were anxious to Emigrate to New South Wales, and would be enabled to do so if the Government would advance £1,000 for that purpose. In an interview with one of the Commissioners, Mr. Westgarth subsequently stated that the number of these Silesians would probably amount not to 200 but to nearly 400. " Under these circumstances, Mr. Westgarth was requested to inform you that, if the proposed Emigrants turned out what they were represented to be, the Government would probably consent to grant the £1,000 required to enable them to Emigrate; that Government would not consent to pay this money in advance, nor till the Emigrants were actually landed in Australia; but that on the other hand no repayment would be required, arid as thefirst ste p in the negotiation Mr. Westgarth was to request from you for the guidance of the Commissioners a List of the names, sexes, ages, and occupations of the intended Emigrants. " Your Letter does not enclose any such List. But the Commissioners gather from it that you suppose them authorized generally to tender assistance to eligible German Emigrants, and you appear to expect that the Silesians on behalf of whom you are acting will receive from Government one half of their passage money. " I am to inform you that neither of these suppositions is correct. The Com­ missioners are not generally authorized to assist Emigration from Germany; the Colonial Authorities having in fact prescribed for themselves the terms on which such assistance should be proffered. But the scheme, for which Mr. Westgarth solicited Lord Grey's approval, appeared sufficiently advantageous to the Colony to justify its adoption as an exceptional case. And, secondly, this was on the sup­ position that the sum of £1,000 alone would be required, whereas the half passage money of three or four hundred Emigrants (which you now appear to require) would amount to twice or three times that sum. " Under these circumstances, and as your proposal is not now that suggested by Mr. Westgarth, but a new and very different one, the Commissioners are unable to express any opinion upori it. They will not fail, however, to give it their best and earliest attention when they shall receive from you a List of the intending Emigrants, with their respective sexes, ages and occupations, and with a statement of the assistance which you[ reques Sub-enclosurt from the eColonia No. l2. Funds] , as a condition of the EXTRACTEmigration . of Letter from Edward Delius, Esqr., to Her Majesty's " The Commissioners wish you, however, clearly to understand that no money will bColoniae paid until lLan thed Emigrant and Emigratios are landedn iCommissionersn the Colony ; nor, ( Idate am dto Bremenadd) unti,l the Colonia5th Mayl Authoritie, 1848.s are satisfied that the Emigrants so landed answer to the "description Mr. Westgarth, on thhavinge fait hbeen of whicin Bremenh Bount toy explainwas promised. more fullv" your Tiews in regard to German Emigration to New South Wales, I take the liberty of giving the following reply to your esteemed favour of loth March, the receipt of which Reasons for I did myself the honor to acknowledge on the 2d April. inability to " Agreeably to Mr. Westgarth's recommendation and with regard to the Moravians forward list proposing to go to Port Phillip, it was my intention to have forwarded you a liet of intending of the whole party shewing the names, industrial trainings, and ages, after having immigrants. paid them a visit for that purpose in February last. In the meantime, however, the present political disturbances broke out, and caused a number of the young men GREY TO FITZ ROY. 665 to be called out for the defence of the Country, disorganizing fully one half of the 1848 enlisted families. Under these circumstances, I have not been able to send you 31 Oct any list that was not liable to repeated alterations before the time of embarkation. ' __ ' I, therefore, am led to believe that the plan least troublesome to you would be to ri„asorjS 10r wait until about the time when it can exactly be ascertained who is going. In the :___JIHV (•„ meantime, I beg to state that I have to do with only one description of persons, I :° ' j ij,i viz., agricultural peasantry, including persons accustomed to the culture of Vine, °,IA™,^ to pastoral Employments, and included in the same a few mechanics and artizans." ° lr™naing ^ f . , immigrants. [Sub-enclosure No. 3.J MR. S. 'U'ALCOTT TO MR. EDWARD DELIUS. Colonial Land and Emigration Office, Sir, 9 Park Street. Westminster, 16th -May, IS-iS. I am directed by the Colonial Land and Emigration Commissioners to Conditions acknowledge your letter of the 5 Instant with reference to the Moravian Emigrants, proposed for whom you wish to despatch to Port Phillip. foreign immi- Although it would be in some respects better that the whole of the number grants. despatched by you should be despatched at once, the Commissioners will be ready to consider any application made by you for permission to despatch a smaller number on consideration of receiving in the Colony a bounty of £2 10s. per head. In case you should wish to make such an application, you will proceed in the manner already pointed out to you, i.e., by sending to the Commissioners a List of the proposed Emigrants with statements of their ages, sexes, and occupations, and certificates of character. And in making out this list, you will do well to remember that the Bounty of £2 10s. will not be payable unless the Emigrants on their arrival in the Colony are found- to answer to the description you have thus given of them. I am further to point out that, although Mr. Westgarth is correct in stating that respectable young females are much wanted in Australia, yet the object with which the proposed Emigration is sanctioned is that of introducing into the Colony persons skilled in occupations, which have reference to the manufacture of Wine. The acceptance, therefore, of anv proposed body of Emigrants large or small will principally depend on the number of vine dressers, wine makers and Wine Coopers whom it contains. I am, &c, S. AY ALCOTT, Secretary. [ Sub-enclosure No. 4. | MR. S. WALCOTT TO MR. E. DELIUS. Sir, Colonial Land and Emigration Office, 4th October, 1848. I am directed by the Colonial Land and Emigration Commissioners to inform Surprise at re- you tbat th -v have received with very great surprise a letter from Mr. Westgarth, ported despatch stating that vou were about to despatch from Hamburg on the 2nd Instant a Body 0f foreign of German Emigrants, and that these persons had been informed that the Colonial immigrants. Government would give £1,000 to the first 400 persons of the Labouring class, who went out to Port Phillip, which money it is added is to be given either to themselves or to the Shipowner. The Commissioners trust that this statement is not correct; but, in order to shew you how entirely such a promise if made by you would be unwarranted by the correspondence which has passed between yourself and this Board, they direct me to draw your attention to some Extracts from that Correspondence. The first direct communication from yourself was dated the 18th of February. Recapitulation On the 15th of March, I was directed to explain to you the nature of the scheme, of negotiations as laid before them by Mr. Westgarth, and of the communications which he had ,-e foreign been requested to make to you. I stated that, " as thefirst ste p in the negociation, immigrants. Mr. Westgarth was to request from you for the guidance of the Commissioners a List of the names, Sexes, ages and occupations of the intended Emigrants. In a later part of the letter, the following sentences occur. " Under these circum­ stances and as your proposal is not now that suggested by Mr. Westgarth, but a new and very different one, the Commissioners are unable to express any opinion upon it. They will not fail, however, to give it their best and earliest attention when they shall receive from you a List of the intended Emigrants with their respective Sexes, ages and occupations, and with a statement of the assistance which you request from the Colonial Funds as a condition of the Emigration. The Com­ missioners wish you, however, to understand that no money will be paid until the Emigrants are landed in the Colony, nor, I am to add, until the Colonial Autho­ rities are satisfied that they answer to the description on the faith of which the Bounty was promised." Your reply to this letter, dated the Sth of May, contains the following words:- " Under these circumstances, I have not been able to send you any List thai was not liable to repeated alteration before the time ot embarkation. I am, theretoie led to believe that the plan least troublesome to you would be to uait until about 666 HISTORICAL RECORDS OF AUSTRALIA.

1848. tne time when it can be exactly ascertained who is going. In the meantime, I 31 Oct. DeS to state that I have to do with only one description of persons, vizt., Agricul- ' tuial Peasantry, including persons accustomed to the Culture of Vine, to pastoral Recapitulation employments, and included in the same a few Mechanics and Artizans." of negotiation? You then made an application to be allowed to send out the 400 Emigrants, on re foreign whom y:iu desired to receive bounty, in small bodies. immigrants. In my letter of the 16th May, I informed you that the Commissioners would be ready to consider such an application, but I was directed to add the following caution. " In case you should wish to make such an application, you will proceed in the manner already pointed out to you," i.e., " by sending to the Commissioners a List of the proposed Emigrants with statements of their Ages, Sexes and occupa­ tions and Certificates of Character; and, in making out this List, you will do well to remember that the bounty of £2 10s. will not be payable unless the Emigrants on their arrival in the Colony are found to answer to the description you have given of them." You were thus distinctly informed, in both the letters which you have received from this Board, and your own Letter shows you to have been aware, that, until your Emigrants had been submitted to this Board and approved, no engagement could be concluded or any promise of Bounty given. And yet the Commissioners are informed by Mr. Westgarth that you intend to send, or rather have despatched, to Port Phillip, a body of 200 or 250 Emigrants, whose very names are unknown to this Board, and have led these persons to suppose that they, or the ship Owners who conveyed them to the Colony, will receive their share of £1,000, which it appears to have been alleged was to be given by the Colonial Government to the first 400 persons of the Labouring Classes who went out to the Colony. The Commissioners must again express their hope that Mr. Westgarth was mis­ taken when he made this statement. They are anxious, however, to receive some explanation of what has passed in order that they may bring it under the notice Delay suggested of the Secretary of State. In the meantime, they would strongly urge on you the re further prudence of not contracting any fresh engagements in Germany, as it is obviously immigrants. possible that His Lordship may consider not only that Bounty should be refused on the persons thus despatched by you without any authority from this Country, but also that what has passed furnishes sufficient reason for breaking off all negociations with you for the future conveyance of Emigrants. j am &c S. WALCOTT, Secretary. [Sub-enclosure No. 3.] MR. W. "WESTOARTH TO MR. S. WAI.COTT. Sir, Leith, 28th September, 1848. Proposed I proceed on Saturday afternoon to Hamburg to Superintend the departure of departure of the first expedition of Germans for Port Phillip. This is the Moravian party of immigrants whom I have already advised you. I would have apprised you sooner regarding this from Hamburg subject, but I have myself been hitherto in doubt as to the final decision of the party, as they appear to have expected I should accompany them, and I find that I am not yet able to set out for the Colony. This morning, however, Mr. Delius, the Agent, writes me that all arrangements are made and that the party will go to Melbourne. They are to sail on the 2d prox. I have communicated with various parties in the Port Phillip district, who will assist them in getting settled either upon land or in the Service of the Colonists. They are composed entirely of the labouring Classes. They have been informed that the Colonial Government would give £1,000 to the first 400 persons of the labouring Class who went out to Port Phillip, as an assistance to their Emigration expenses, to be given either to themselves or to the Ship Owners. The number of thisfirst party will amount, of all ages and each sex, to from 200 to EAR250 Lsouls GRE. YAn yT OCommunicatio SIR CHARLEn bSy returFITnZ ofROY pos.t would find me at Thompson and( AWarrack's circula, rLeith despatch. , per ship Columbus.I have, )&c , W. WESTGARTH. Sir, Downing Street, 31 October, 1848. As it might be attended with some convenience that the Commissioners of Colonial Lands and Emigration in this Country should be able to communicate accurate intelligence in regard to the sold and unsold Lands of the Crown in the FITZ ROY TO GREY. 667

18 8 British Colonies, to persons applying for such information, I , i 't have to request that you will inform me whether there are any ' published Maps, or copies or tracings of Maps, exhibiting the ^^^owing extent and situation of the Lands alienated or leased by the alienated lands. Crown, and also of the Lands wholly or partially surveyed, which could be furnished for this purpose from the Office of the Surveyor General. I do not think that the object is of suffi­ cient practical importance to justify any considerable outlay; but, if it can be effected without much expense and trouble, I should be glad if you would instruct the Surveyor General to send home Maps of the kind to which I have referred. I have, &c, GREY.

EARL GREY TO SIR CHARLES FITZ EOY. (A circular despatch, per ship Columbus.) Sir, Downing Street, 31 October, 1848. My attention has been called to some cases in which Appointments e Colonial Chaplains, who had received passage allowance and half -£ y Gonial Salary during the period of the voyage from the Funds of the chaplains. Colony, to the Establishment of which they had been appointed, have, shortly after, quitted the Colony or relinquished their -appointments. In order to prevent, if possible, an undue charge on the instructions for Colonial Treasury, I have instructed the Colonial Agents sagealfow^nce General to take care in all future cases, on issuing the passage and half salary. -allowance to any subordinate Officers who may receive that indulgence, to obtain from them a written undertaking to refund that allowance together with the amount of half salary, which they may receive for the period of their voyage, if they should quit the Colony or relinquish their appointment within three years after the date of their arrival. j have, &c, GREY.

SIR CHARLES FITZ ROY TO EARL GREY. iDespatch No 240. per ship Ganges; acknowledged by earl Grey, 10th April, 1840.) My Lord, Government House, 31st October, 1848. 1. The Most Reverend Archbishop Polding having applied Request for v e 0 ice to me to grant leave of absence, with full salary at the rate of ^ v er ^ ^; £200 per annum, for eighteen months to the Very Revd. Dr. H. G. Gregoryg . Gregory, Vicar General, for the purpose of enabling him to visit Europe to procure additional Roman Catholic Clergymen for 668 HISTORICAL RECORDS OF AUSTRALIA.

1848. this Colony, I deemed it proper to bring the application before 1' the Executive Council; and I have the honor to inform your conditional Lordship that, under the advice of the Council, I have caused leave of absence . , ' . ' granted. lt to be communicated to Archbishop Folding that 1 am pre­ pared to adopt on the present occasion the course contemplated by my predecessor when a similar application was made for leave of absence for Dr. Gregory. 2. That course is explained with the reasons for its adoption in the accompanying copy of a letter addressed to the Most Revd. Dr. Polding on the 30th December, 1845; and I have further the honor to inform Your Lordship that I have accord­ ingly authorized Dr. Gregory to say to your Lordship that he is absent with my concurrence, and that there are funds avail­ able under Schedule C of the Act of Parliament, 5 and f> Victoria, ch. 76, for the payment of his salary, should Youi Lordship authorise its issue in England. I have, &c, CHS. A. FITZ ROY. [Enclosure.] COLONIAL SECRETARY THOMSON TO MOST REVD. DR. POLDING. Colonial Secretary's Office, Most Reverend Sir. Sydney, 30th December, 1845. better I do myself the honor to acknowledge the receipt of your acknowledged, l^ter of the 18th instant, applying for eighteen months' leave of absence from the Colony to be granted to the Very Reverend Dr. Gregory, and requesting that, as Dr. Gregory's absence is called for entirely on the affairs of the Church of which he is a member, he may be allowed his full salary during the period of his absence. Conditions for jn reply, I am directed by His Excellencv the Governor to state for very revd. that He personally explained a few days ago to the Very Revd. H. G. Gregory. Dr. Gregory that His Excellency apprehended his case was one in which the local Government could neither grant nor refuse leave of absence; and that, on the fullest consideration which He can give to the case, His Excellency is now confirmed in that opinion. The payment of the Very Reverend Dr. Ullathorne as Vicar General was specially sanctioned by the Secretary of State, as also was that of his successor Dr. Murphy; but Dr. Gregory- is paid only as the holder of an Office, which has been created with the sanction of the Secretary of State, and the payment must there­ fore be considered as one made not to Dr. Gregory personally, but to the person performing in New South Wales the function of Vicar General. His Excellency gathers from Dr. Gregory's statement that it is not proposed to ask for the transfer to any other person during his absence of the Salary which he Dr. Gregory now receives; but that, as Dr. Gregory is proceeding to England not on his private affairs but on the affairs of the Church of which he is a member, it is wished that, he should still be recognised and paid as Vicar General. GREY TO FITZ ROY. 669

Assuming this to be the ease, His Excellency is under the neces- 1848. sity of saying that He has no authority to pay him during his 31 0ct absence. His Excellency will, however, authorise Dr. Gregory Con(jitions for to say to the Secretary of State that he is absent with His Excel- ieaveofabser.ee lency's knowledge and concurrence, and that the Funds (Sche- for very revd. dule C) provided for the support of public worship in the Colony Gregory. are sufficient to bear the expence of Dr. Gregory's salary, should the Secretary of State authorise the payment of it in England. I have, ccc, E. DEAS THOMSON.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 186. per ship Cardew.) Sir, Downing Street, 1 November, 1848. i Kov. I transmit herewith, for your information, a copy of a Memorandum smi Memorandum, which has been forwarded to this Office by Mr. from T. C. Banfield, shewing the advantages which have accrued from T- c- Banfieid. the mode of making Wine adopted on the Continent of Europe; and I have to request that you would take the necessary steps for communicating this information to those persons, in the Colony under your Government, who may be interested in the subject. I have, &c, [Enclosure.] GREY. OBSERVATIONS on Wine making. observations on SUBMITTED by permission to The Right Honorable Earl Grey, Her winc-makinc Majesty's Principal Secretary of State for the Colonies. Suggested Improvements for Wine Growers, Describing the process adopted with the best success on the Rhine and in Southern Europe. It will not appear singular that principles for Wine making should be wanted in distant Colonies, when we consider that with all the progress, which has been made in Chemical experiments, the true principle, which ensures a constant quality of wine from the same grapes when ripened equally, has only within a few years been established satisfactorily in Europe. As late as the appearance of M. Liebig's " Chemical Letters (lst Edition)" the true principle of fermenting various juices, so as to retain the flavour and sweetness natural to the ripe grape, with the full strength of the fermented liquor, was still a matter of doubt. M. Liebig, who does not reside in the Wine growing district, hazarded in that edition an opinion which was imme­ diately rebutted by all practical Wine Growers. In his opinion, Grape Juice ought to be fermented like beer, in low open vessels, which exposed the liquor as much as possible to the action of the Atmosphere. The Professor thought that in this manner the wine would only lose infire ;i n other words he expected to obtain rapidly the effect produced by age in softening the wine. The practical Wine growers pointed out the oversight, which such a 670 HISTORICAL RECORDS OF AUSTRALIA.

1848. process involved, and prophicied that when tried it would cause 1 Nov. the loss of all flavour. The owners of Vineyards on the Rhine, the Observations on Maine, and the Moselle, induced by the Professor's great reputa- wine-making. tion, made the experiment, as he recommended it, with a part of their crops in the following year; and, upon receiving full demon­ stration in this manner that the theory he had stated was not correct, the passage was suppressed in subsequent Editions of the Letters. This dispute has been especially interesting for countries favoured by nature for the production of the Vine; since it was distinctly proved that, with similar kinds and qualities of grapes, the value of the wine produced depended altogether upon the mode of fer­ menting the Juice. In fact, the trial here made by Scientific Wine growers was no other than is yearly made by the Peasant Winzers of all wine growing Countries, and it explains the reason why so much bad wine is made in districts, which under better treatment produce a choice beverage. We shall preface the chief subject of the present remarks with a few general observations on the culture of the Vine, which will obviate some doubts that might occur to the reader at a later period with regard to the general application of any particular method of fermenting. One great source of expense attending the cultivation of the Vine in Europe is caused by the care required to make the grapes ripen. Even in the Tokay Vineyards of Hungary and in Italy as far south aS Rome and Albano, the Vines are cut low, are care­ fully staked and- cleared at stated times of the superabundant foliage, which prevents the sun's rays from warming the ground in the ripening season. The reflected heat is used like that from a Wall, and is more looked to than the direct action of the Sun's Rays under which the grapes often burn up. A great deal of the labour thus expended, together with the cost of staking, may doubtless be saved in warmer latitudes, where hands are not abundant, but the climate allows the grape to ripen without nursing. In such countries, fine wine being a valuable exportable crop is most desirable for the landowners. The average produce of an Acre of Grapes in Europe varies from one to one and a half pipes in the Rhine to two and sometimes two and a half pipes in Southern France, Hungary and Italy. The value of the wine is now, however, inversely as the yield, since the finest Rhenish Wines sell not infrequently for £200 per pipe, while £50 to £70 is considered a high price for choice Clarets, Ports and Sherries. It is not an uncommon thing to have 25s. per Bottle charged at a London Tavern for Rhenish Wine of superior but not of the best quality, which is at the rate of £760 per pipe. The consumption at this extravagant rate is of course limited, still consumers are found and this circumstance indicates how large a field is open to the industrious wine grower. The soil best adapted to the growth of the Vine has occupied a deal of attention. The experience of Europe shews that the Vine thrives in nearly every kind of soil, and that it is of more importance to choose a fresh broken soil, than to select one of any particular composition. GREY TO FITZ BOY. 671

In the following Table, the nature of the leading Vineyards are 1843. stated. 1 Nov. Observations on Name of Wine. Countrv. Rocky substratum. Soil. wine-making.

Tokay Hurgary .... Volcanic . . Alluvial. Anveyne France Do. I.ufa and Alluvial. Lacryma Christi Vesuvius Do. Lufa. Monte Pulicano Roman state. Do. Do. Johannesberg j Rhine ('lav Slate Alluvial. Steinberg | Do Do. Rock Decom nosed. Hockheim j Do Do. Alluvial. Alluvial.. . Do. Lichfrancmilch 'I WintzburDo g > | ReDod .san d. .stor e Do. Bordeaux 1 FrancBavarb" ei Steinwein Rhemieh [ Do. Rock Decomposed. Hardt Ravand . . Do.

From the above list, it appears that a great variety of soils can yield superior Wines, and we are by this circumstance confirmed in notion that success depends more upon the treatment of the Juice after it is obtained than upon the soil on which the grape is raised. The Vine is a plant which very much exhausts the soil. It has a tap root throwing out, feeders at the side, which admit of its being nourished from manure buried at some distance from the plant. This circumstance is of great importance to the Wine grower in Countries where land is not at a very high value, since it facili­ tates the use of the plough, instead of the hand hoe now employed to turn over the Earth on the costly Vineyards of Europe. The rows of Vines are easily kept far enough apart to allow a bullock to draw several furrows between them, without injuring the Vines. The furrows should be s or 10 inches deep, and one in the centre might be made still deeper into which the Manure should be thrown. The best manure is Bullocks dung, especially in a warm climate, and Vines are the better for being manured every three years. For this reason, large farms are kept in connection with the best Vineyards on the Rhine: that at the Johannesberg on the scale of 450 acres arable and 70 acres of Vines. The Vines are, however, planted at no greater distance than 2 feet in one direction and 3i feet in the other. The use of the plough would require them to stand at least 4 feet asunder, perhaps more. Woollen rags, which are also used for hops, are an excellent manure for Vines and are improved by soaking in the dung pit. But it has been satisfactorily proved that frequently turning over the Earth, so as to bring down the surface to the roots is even of more use than Animal Manure, the best nourishment being afforded by the salts evolved in the decomposition of the soil by the Atmosphere. They succeed readily in such, and give a good return. It is too on this account that we find the use of artificial Manure prohibited by the old regulations imposed in certain districts upon the Winzers to guard against a deterioration of the Qualitv. Thus some Ordinances of comparatively recent date for­ bid the use of Manure on the Lower Duoro. leaving the grapes to regenerate by the recovery of the soil, and the Atmosphere Action. 672 HISTORICAL RECORDS OF AUSTRALIA. The Vine ought not to he allowed to form too much Wood, but ixov. should be cut annually,, so as to leave but a few shoots to each ' stalk. Observations on Tn manv parts of the Rhine, staking is altogether dispensed with, wine-making. and ttie y'ines are trained as low standard bushes resembling Cur­ rants. By adopting this plan, much expense is saved to the planter. The kind of grape to be selected is matter of experiment and the number of sorts, from which good Wine is made, is almost as great as the variety of soils. The highest priced wines upon the Rhine are made from a small white grape called "Riesling," which is an abundant bearer and has a fine flavour. The Aroma of the Muscatel grape is more powerful in the fruit, but is not so power­ ful in the press, nor is it so durable in the Wine as the simple delicate flavour of the " Riesling." A larger White Grape pro­ duces delicious and powerful wine at Rudesheim, where it is said to have been perpetuated from Charlemagne's time. The small Black cluster grape of Burgundy is much in use on the Rhine, in Hungary, and in Southern Europe generally. It is to be feared, however, that the French red wines are to a great extent artificiallyflavored, for which purpose peach Kernels are much resorted to. A large black grape, and also a white variety of the same kind, was much spread in Europe by the Emperor Probis, who exerted himself to improve the production of wine in the Roman Empire, with great success. This grape is found at Tokay, Malaga, Bronte, Lisbon, and Madeira. By far the most important subject for the consideration of the Wine Grower is .the proper fermentation of the Juice, obtained from the ripe grape. Fermentation has several stages, as both the Brewer and the scientific wine grower well know. According to the stage at which the process is arrested, the liquor obtained differs in nature, the two extremes being wine and Vinegar. The stages may be classed in the following order:— 1. Vinous fermentation. 2. Spirituous fermentation. 3. Acetous fermentation. By fermentation in thefirst stage, a quantity of the Sugar con­ tained in the grape juice combines with the Oxygen of the Atmo­ sphere, and forms Alcohol, which transformation is accompanied with an escape of Carbonic Acid Gas, and a separation of the fibrous matter from the pure liquor, fibres, etc., forming what is called lees. The difference between vinous and the spirituous fermentation consists in the moderate degree of working which is required to make the wine. The wort should never ferment so strongly as to allow a rapid and violent escape of Carbonic Acid Gas; Otherwise both the flavour and Alcohol escape with it, and the wine is left tasteless. A great deal of the flavour can escape in this manner with comparatively little Alcohol; and the Wine may thus remain strong, but flavourless. This is the case in the greater part of Southern Europe, and hence the necessity of resorting to artificial flavours, which, although now managed with skill, are far inferior imentationn Aever sloyw respec .proces t st oi sth essentiale natura,l thereforeflavour o,f t tho ea grapeperfec. t vinous fer­ GRKY TO FITZ ROY. 673

This must be ensured by the 'choice of a cool cellar and by pro- 1848 tecting the wort from the too rapid action of the Atmosphere. i Nov. The upper crust, formed by the lees in their separation from —- the liquor, must not be broken through by the bubbles of Gas, if ^^ti" theflavour i s to be retained. The escape of Gas must be imperceptible to the eye, until it passes through a receptacle which we shall immediately describe. Th.re is no real difference between what we have called " Spirituous fermentation and distilling," except that, in dis­ tilling, extraneous heat is applied to quicken the process and drive off the alcohol which is caught in a Receiver. In fermenting, the temperature of the mixture is raised, but the Alcohol engendered is not immediately driven out. It has a ten­ dency to es; ape with the Carbonic Acid Gas, and in a warm room soon evaporates in an open Vessel. When more Alcohol has escaped than is necessary to preserve the sugar and other in­ gredients contained in the Grape juice, the third stage or Acetous fermentation commences and we obtain Vinegar. The Wine makers attention should therefore be concentrated on the first stage, or that of the Vinous fermentation. He must seek to preserve theflavour and the strength and in so doing he will preserve a pleasant degree of sweetness. The choice of the cellar in which his wine presses stand is the first object to be considered. It should, if possible, be underground excavations in hills, whether Natural or artificial, are the best, because the Waterfiltering through the Earth keeps up a cool temperature. If there is much water it should be collected into a little stream toflow alon g thefloor under the doorway. The water absorbs, and carries with it the Carbonic Acid Gas, which escapes from the casks, in which the Fermentation goes on and keeps the air in the Cellar sweet and wholesome. The entrance should if possible be turned towards the North, or should be defended from the Suns rays by Trees; it should only be opened early- in the morning or at night. The temperature should not rise above 50° Fahrenheit in the Cellar; but, if it can be kept lower, if is so much the better. The flavour of the Grape is in an essential Oil, which is evolved at the same time as the Saccharine matter in the ripening berry, and which has its seat immediately under the skin. For this reason, the manner of bruising the grape is not a matter of indifference, and, after many attempts to invent Mills for crushing, the Wine growers have returned to the Old Method of treading. Large leather Boots, armed with nails, are kept for this purpose at most of the large Wine Establishments on the Rhine. The bruised grapes should be filled into horse hair bags, when white wine is made, and placed in the presses, the juice flowing from which is immediatelyfillel into pipes, or double pipes stand­ ing on end, And furnished with a very simple and inexpensive Apparatus, which ensures the preservation of both flavour and spirit, if the temperature of the Cellar be kept moderate. ThisSEK i.s 1n.o Vol.othe. rXXVI— than2 aU small Tin Tube 1* inches in diameter, inserted into the Barrel near the top and projecting from it three inches, when it turns down almost about as much offering the means of plunging it in a small Bowl of water. The water absorbs the Carbonic Acid Gas, as it evolves and dis­ allowinchargesg it an, ywhe escapn chargee offlavour d to exceso r osf int Alcoholo the. Atmosphere, without 674 HISTORICAL RECORDS OF AUSTRALIA.

1848. By this simple and inexpensive precaution, the finest and 1 Nov. strongest wines may be made without any addition of Brandy. Observations on But the process is rather slow. The Wine may be racked off four wine-making. times in the course of thefirst year , and twice in every succeeding year; but it is needless to keep it in Casks furnished with the tube after thefirst raking , the proper time for which is indicated by the cessation of all escape of Carbonic Acid Gas through the tube. The process of ripening is one of slow fermentation carried on in the Cask, which absorbs the Carbonic Acid Gas, but likewise without injury to the flavour. The period when the Wine can be sent to market or shipped depends on a nice adjustment of the balance between the Alcohol evolved, and the quantity of sugar combined in the wine. Of course, the balance is not established until Alcohol enough is evolved to preserve the other ingredients. Wines in which this balance has been destroyed by loss of Alcohol, in consequence of the too rapid evaporation, must be brandied to make them stand the voyage, a process which is wholly unnecessary if the directions respecting the fermentation here given are punctually followed. 17th October, 1848. THOS. COLLINS BANFTELD. EARL GREY TO SIR CHARLES FITZ ROY. (Despatch marked "Military, No. 20," per ship Cardew.) Sir, Downing Street, lst of Xovember, 1848. Arrears for I have to acknowledge the receipt of your Despatch,. lodging money No. 246 of the 18th of December last, and its enclosures, and have granted to J. Croft. to acquaint you that Her Majesty's Government are prepared to sanction the issue of the Sum of £124 7s. 6d. to Mr. J. Croft, acting Apothecary to the Convict and Military Medical Depot, in liquidation of his claim to arrears of Lodging money, to which your Predecessor, as reported by him in his Despatch No. 123, of the 22d of June, 1846, considered that Officer to be entitled. Pav for I have further to convey to you my sanction to your issuing F. Croft. pay at the rate of 7s. a day to Mr. Faithful Croft, Medical Clerk, from the date of his Appointment in February, 1846. I have, &c, — GREY.

EARL GREY TO STR CHARLES FITZ ROY. (Despatch No. 189. per ship Cardew; acknowledged by Sir Charles Fitz Roy, 19th May and 17th August, 1849.) 8 Nov. Sir, Downing Street, 8 November, 1848. Despatches I have received your despatches Nos. 94 and 95 of the acknowledged. 24th and 25th of April last, the former transmitting a copy of a letter from the Board of National Education in New South Wales and requesting that, in compliance with the suggestion of that Board, the necessary steps might be taken for procuring GREY TO FITZ ROY. 675 1848. from the National Board of Education in Ireland persons pro- 8 Noi; perlv trained in one of the Model Schools and competent to . undertake the duties of Master and Mistress of the Model School from board of at Sydney, the latter despatch forwarding a Letter addressed by "^"ton the Local Board to the Commissioners in Ireland containing a Report of their proceedings. I have not failed to communicate copies of your despatches to the Board of Education in Ireland; and I have in reply received an intimation from that Board that the subject should receive their earliest attention. In the meantime, I wish to List of books point out to you that the List of Books referred to in the Report 0I of the Local Board, which accompanied your despatch Xo. 95, was omitted with your original despatch; and, if it should not have been transmitted with the duplicate, it will be desirable that the omission should be repaired with as little delay as possible. I am, &c, GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 1!!0, per ship Cardew.) Sir, Downing Street, 10 November, 1848. i» N°v- I have received vour Dispatch No. 3."> of the 12th of Feb- Despatch -,.' • e x-iTTi £ acknowledged ruarv last, forwarding a representation trom the Lishop oi re grant to Sydney against the withdrawal of the annual grant of £500 itinerant cler«r- from the British Treasury for the Religious Instruction of Con­ victs in the remote districts of the Colony. I can assure you, and you may convey that assurance to the Bishop of Sydney, that I have not failed to consider with the utmost attention the arguments which, with so much ability and so much solicitude for the people committed to his charge, he has urged in favour of containing the annual allowance. No one can be more sensible than I am of the importance of providing for the spiritual care of the more remote and scattered portions of the Colonial population; but the object, taken in this General form, is one for which the Government cannot undertake to provide out of the Revenue raised from the Taxes, paid by the people of this Country. I regret to say, there- inability to fore, that, after giving the question their best consideration, Her Z^l^r*. Majesty's Government do not feel that they can with propriety continue for any length of time to pay this allowance out of the Funds voted by Parliament for Convict Services after the main­ tenance of Convicts in New South Wales has been virtually dis­ continued. I approve, however, of your having continued the allowance, pending the reference of the question to this Country; and I am happy to add that, in order to afford time for any requisite 676 HISTORICAL RECORDS OF AUSTRALIA.

1848. change in the mode of providing for the same service, the Lords i lfiNov. Q£ ^e preasurv have consented at my suggestion that the Grants Date for dis- specified in your Despatch, amounting collectively to Four hun- of grant. °' dred and Fifty Pounds, should be continued until the 31st of March, 1850, leaving them to be thenceforth provided for out of the amount assigned by the Constitutional Act for the charges of Religious Instruction. j_ have &c, GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 301. per ship Cardew; acknowledged by Sir Charles Fitz Roy. 29th May, 1849.) Sir, Downing Street, 10 Xovr., 1848. r „ I transmit to you herewith a Copy of a Letter from the Letter -,.,,. , • • • T • _r transmitted. person described in the margin," containing an application tor information relative to her two sons who are stated to have Emigrated to the Colony under your Government; and I have to request that you will transmit to me such information as you may be able to obtain on the subject of the enquiry. I have, &c, [Enclosure.] GREY. MI?K. ARCHER TO . Sir. Newtounhamilton, 3 November, 1848. anRequesd J. tArcher for . I beg the liberty of writing to you concerning my two Sons, ^port re W. William and John Archer, who enlisted in the 58th Regt. of foot and embarked with the Regt. for New South Wales in the year 1S44. I made application to the Secretary at War on the subject, and he informed me that they bad volunteered into the Mounted Police in the Colonies out of the Regt.. and I now write to you with a view of ascertaining from your Honor whether they be living or dead as the Secretary intimated to me that it was from you I could know truly. I remain, &c, EARL GREY TO SIR CHARLEWIDOS WFIT ARCHERZ ROY., (Despatch No. 192, per ship Cardew.at Jas.) McRobert's. Sir, Downing Street, 10 November, 1848. I transmit to you a Copy of a letter from the Secretary to a Society, which has been formed for the promotion of Emi- Eftabiishment gration, intimating the establishment of a Fund in connection sehooiKfunndtS' witl1 that Society under the denomination of the Emigrants' School Fund, to be devoted as it is stated to the purpose of for­ warding Schoolmasters of a superior class on board Emigrant ships to the Colonies, and expressing the wish of the Society to be furnished with information with regard to the number of * Marginal note.—Mrs. Archer, 3d Nov., '48. FITZ ROY TO GREY. 677

persons who would probably find employment in their various 1848. grades as Schoolmasters in the Australian Colonies. I have to ' request that you will transmit a report on that subject, so far Report required , , TTO re demand for as regards the Colony under your Oovernnient. 1 have, IKC, schoolmasters. GREY. [Enclosure.] MR. W. H. G. KINGSTON TO UNDER SECRETARY HAWES. Society for the promotion of Colonization, Sir, T Charing Cross, 20th October, 1848. Several of the most influential supporters of this Society Emigrants' s 10 1 have taken a great interest in the subject of Education in the °J ^ ;'^"?b Colonies. They have felt that, while exerting themselves to pro- colonization? mote Emigration and so to improve the physical condition of those society. who emigrate, it is a duty they ought not to neglect to forward at the same time in an efficient manner the culture of their mental and moral faculties. In this view, a fund has been established in connexion with this Society, under the denomination of " the Emigrants' School Fund " to be devoted exclusively to the expense of forwarding School Masters of a Superior Class on board Emi­ grant Ships to the Colonies. It has, however, appeared to the Sub-Committee appointed to Superintend the Fund, that it would Request for be desirable to ascertain the number of persons who would prob- \ll\^0^^ ably find employment in the various grades of the Scholastic pro- masters. fession in the Australian Colonies; and I am desired to request that you will be pleased to inform them if the Government are in possession of any data to guide them in their selection. It is requested that the information now sought may embrace the number of persons capable of teaching the higher branches of education, but more especially of those who may be required for parish and other elementary schools. Should Her Majesty's Government not be able to afford the information at present, it is requested that instructions may be given to the Local Governments to send home Estimates of the numbers who may reasonably anticipate employment. It is obvious that this information is of value that those persons whom the Sub Committee may induce to Emigrate may not meet with disappointment on their arrival. I have, &c, WILLIAM H. G. KINGSTON, Hon. Sec. of Sub-Committee. SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 241, per ship Sir Edward Paget; acknowledged by earl Grey, 18th May, 1*49.) My Lord, Government House, 13th November, 1848. 13 Nov. 1. With reference to Your Lordship's Despatch, No. 28 Despatch of the 19th February last, in reply to my Despatch, No. 168 of "rale, of"" the 22d August, 1847, forwarding some new Rules of Court comi- promulgated by the Chief Justice of this Colony, and informing me that, while the subject of general Legislation respecting Rules of Court is under the consideration of the Committee 678 HISTORICAL RECORDS OF AUSTRALIA.

1848. of the Legislative Council, to whom it had been referred, it is 13 Nov. your Lordship's intention to postpone submitting these Rules for the confirmation of Her Majesty; but at the same time desiring to be informed whether, by the Judicial interpretation put in the Colony on the provisions of the Provincial Act, 4th Vict., cap. 22, Rules of Court, of which the confirmation is thus sus­ pended, are regarded as of force during the intermediate time. Validity of 2. I have now the honor to inform your Lordship, after due rules pending reference to the Chief Justice, that all Rules of Court made by confirmation. the Judges take effect and continue in force on and from the time of their being made, and, by the 23d Section of the local Act, before referred to, they have the same efficacy as if enacted by the Legislature, although by the 24th Section any such Rule may be disallowed by Her Majesty. Non-appoint­ 3. With respect to the Committee of the Legislative Council ment of select " on Supreme Court Legislation and Taxation," as I had the committee. honor to inform your Lordship in my Despatch No. 73 of the 29fh March last, nothing further has been done, and no new Com­ mittee has been appointed since thefirst Sessio n of 1846. As, however, the terms of the 24th Section of the Act, 4 Vict., No. 22, Statutory are imperative, viz., "Provided always and be it enacted that a provision for copy of every such Rule shall within one month next after the "transmission enacting thereof be by the said Judges transmitted to His Ex­ of rules. cellency the Governor for the time being to be by him forwarded as soon afterwards as conveniently may be to Her Majesty's Secretary of State for the Colonial Department for Her Majesty's approval or disallowance thereof as to Her Majesty shall seem meet," I apprehend that it will still be my duty to forward these Rules to your Lordship whenever they may be placed in my hands. I have, &c, CHS. A. FITZ ROY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 193, per ship Cardew.)

14 NOT. Sir, Downing Street, 14 November, 1848. Despatch I have received your Despatch, No. 133 of the 3rd of acknowledged June last, enclosing a copy of an address presented to you by the re refusal of conditions for Legislative Council of New South Wales, in which they express bill for ap­ their decision not to accept the conditions on which' it was pointment of intimated that Her Majesty would be advised to assent to any hon. F. Scott. Bill for the appointment of Mr. Scott or of any other person as Agent for the Colony, and request that you would recommend to Her Majesty's Government that the sum of £1,500 be paid to Mr. Scott, as a remuneration for his past services to the Colony during three years. FITZ ROY TO GREY. 679

In reply, I have to express my regret that, as Mr. Scott holds 1848, no Office created by the authority either of the Crown or of the u Nov- Legislature, I should not think myself justified in sanctioning inability to the proposed payment for his services. payment^ The Council observe that they cannot, consistently with a hon-F- Sc°tt- due regard for their own independence, submit to the conditions attempted to be imposed by Her Majesty's Government in refer­ ence to the appointment of Air. Scott, one of which conditions, it is alleged, would be in contravention of the Standing Orders regulating the appointment of Select Committees. I am not aware in what manner the Standing Orders of the Objections to Legislative Council, with reference to the appointment of Select Taons°of select0 Committees, would be contravened by inserting in a Bill for the committee be- r , „-, .... . tween sessions; appointment ot an Agent Clauses providing that, during the prorogation or dissolution of the Council, the functions of any Committee appointed to correspond with such an Officer should be suspended. To allow such a Committee to exercise any such functions whatever in the interval between the Sessions of the Legislative Council would be to give up one of the most important prerogatives of the Crown, which has in this Country been strictly maintained from the time when the British Constitution may be considered to have been definitely settled; and the neces­ sity of which was sufficiently demonstrated during the struggles which preceded that settlement. I am equally at a. loss to understand how those Standing and to exciu- Orders could be contravened by requiring that, as Parliament members from se com has determined that a certain proportion of the Members of the ;^e " Legislative Council should be nominated by the Crown, that class should not be excluded from any Committee of corre­ spondence which may be named. That point is, however, one •of comparatively little importance. ' If the Legislative Council should reconsider its resolution, and Salary for agent pass an Act for the appointment of Mr. Scott as Agent, I should passingof act not object to the insertion in it of a clause, sanctioning the pay­ ment to him, on the assumption of the Office, of a sum of money as a remuneration for his past services; but, while no such Act is passed, I cannot permit the Sanction of the Crown to the crea­ tion of the Office of Agent to be virtually dispensed with by placing the proposed grant on the Estimates. I have, &c, GREY.

SIR CHARLES FITZ ROY TO EARL GREY. ("Despatch No. 242, per ship Sir Edward Paget; acknowledged by carl Grey, Tth June, 1849.) My Lord, Government House, llth November, 1848. 1. In my Despatch, No. 116 of the 16th May last, I inti- inquiry re _ „ T , , . ,, , , ,. • , officers on ship mated to Your Lordship that charges of a very serious nature auhraon. 680 HISTORICAL RECORDS OF AUSTRALIA. affecting the character and conduct of the Surgeon Super­ 14 Nov. intendent, Master and Officers of the Emigrant Ship " Subraon," then recently arrived in the Colony, were in course of investi­ gation before the Immigration Board. Report 2. I have now the honor to transmit a copy of the Report of transmitted. the Board, together with a printed copy of their Minutes of Proceedings in this case, which, as your Lordship will perceive from the date of the letter of the Immigration Agent, copy of which is annexed, were only forwarded to the Colonial Secretary on the 31st Ultimo. Reasons for '3. The disgusting details of the immorality which, owing to altered certificate and the imbecility (to give it no worse name) of the Surgeon Super­ reduced gra­ intendent and the gross misconduct of the Captain and three tuity for surgeon. Mates, was allowed to prevail on board this vessel, are so fully set forth in this Report and Minutes of Proceedings of the Board on the 7th Charge that I need only call your Lordship's attention to them to secure your approval of the substitute for the usual Certificate, which, under my sanction, was given by the Immi­ gration Agent to the Captain, and of the reduction of the Gratuity to the Surgeon to £100, instead of the amount to which under ordinary circumstances he would have been entitled. I have, &c, [Enclosure No. 1.1 CHS- A- FITZ EOY- Report by REPORT of the Immigration Board on the case of the Immigrant immigration board of inquiry Ship " Subraon." re immigrant Immigration Oflice, Sydney, 31st October, IMS. ship Subraon. IN pursuance of the instructions contained in the Colonial Secre­ tary's letter to the Agent for Immigration of the 30th May last. we have enquired into the charges preferred against the Master and Officers of the " Subraon " with reference to their bearing both on the owner's claim to payment of the freight under the conditions of the Charter Party and on the personnal claim of the accused parties ussually allowed gratuities. We have also enquired into the conduct of the Surgeon with reference to the charges against him, which were involved in the Statements appended to the Immigration Agent's letter to the Colonial Secretary of the 23rd May or were directly preferred in the entries in the Log Book produced by the Master of the " Subraon." We have now the honor to lay before His Excellency the Minutes of our Proceedings comprising the evidence adduced in support of the several charges, the written defence of the Master, the evidence produced by him in support of it, and the defence of the Surgeon Superintendent. We consider that it would be impossible for us to convey to -His Excellency a just idea of the gross abuses and the infamous mis­ conduct, which occurred on board of the " Subraon," by any sum­ mary which we could present of the voluminous evidence which we found it necessary to take. We. therefore, think it best to FITZ ROY TO GREY. 681

submit the Minutes of our Proceedings to His Excellency's perusal 1848. with no further remarks than may be necessary to explain the 14NOV. conclusion, at which we have arrived on the several specific report by charges upon which our report is required. We accordingly pro- immigration ceed to state our opinion on those charges seriatim without any board of inquiry further preliminary remarks. HiTsubZt Charges affecting the Charter Party. Charge 1.—" That during a considerable portion of the voyage the provisions and water were not issued to the Emigrants in full measure according to the scale fixed in Clause 9 of the Charter Party.'' This charge we consider to have been fully proved; the evidence given by those of the Immigrants, who had the best opportuni­ ties of observation, is not only clear and explicit as to the short measure of particular articles, but it fully establishes the fact that', during the latter part of the voyage, the quantities of pro­ visions served out greatly exceeded those which had been issued during the preceding part. Mr. Mills' attempt to turn this dif­ ference to his credit by stating that he exceeded the stipulated scale during the latter part of the voyage is too absurd to deserve notice as a defence; but it is not unimportant as an admission on his part that the proof of the existence of the difference was too conclusive to admit of a denial of the fact. Our estimate of the character of Mr. Mills will certainly not allow us to suppose him chargeable with having been prodigal of his owners' stores and of having erred on the right side by exceeding the dietary allowance. It is moreover clearly shewn by the evidence that the increased quantity issued during the latter part of the voyage did not exceed the dietary scale. Charge 2.—That a portion of the draught porter put on board as a medical comfort was withheld from use. the Master having reported to the Surgeon, about three weeks before the vessel's arrival, that the full quantity had been expended, although as has been since ascertained there was an unbroached cask on board at the time. We see no reason to discredit the Statement of the Surgeon Superintendent on which this charge was based; but, as might have been expected, the Chief Mate did not make in his evidence before us the same statement respecting the unbroached cask which he is represented to have made in conversation with the Surgeon. We must, therefore, pronouce this charge not to have been proved. Charge 8.—That a portion of the bottled porter put on board for the use of the Emigrants was not issued to them, but that an article supposed to be inferior was substituted for it. That other porter than that put on board for the Emigrants' use was issued to them appears to us to be satisfactorily proved ; but the inferiority of the porter so substituted has not been shewn in the evidence. We must, however, observe that there can be no security for the issue of proper provisions to Emigrants, if othei than those approved by the Inspecting Officers in England be served out on the passage. Charge 4.—That, for some portion of the rum put on board for the Emigrants" use, an inferior article was substituted, and that water was mixed wilh the spiril before its issue as spirit. 682 HISTORICAL RECORDS OF AUSTRALIA. In respect to the rum, as to the porter, we are satisfied of the 14 Nov. substitution of other rum for that put on board for the Emigrants; but the inferiority of the article is not clearly proved. Report by Charge 5.—That the full quantity of spirits put on board for w'fofinquiry the Emigrants was not consumed by them, and that, during the re immigrant latter part of the voyage, persons, who required spirits medicinally ship Subraon. ilnt| i,a(i fiie means of paying for them, purchased them from the Master instead of receiving them gratuitously. From the irregularity with which the medical comforts were served and the absence of any satisfactory accounts of there issue, we have not sufficient evidence before us to justify us in reporting that this charge has been proved. Judging however from the general tenor of the evidence on the subject, and from Mr. Car- wardine's account of issues between the 21st January and the 31st March, we are of opinion that the actual consumption of medical comforts by the Emigrants was not nearly equal to the quantities required by the Charter Party to be put on board for their use. In the article of marine soap, of which in his defence he admits the sale to some extent, the Master refers to Mr. Acret's Statement that the expenditure of that article did not amount to 1 and 4/5 ewt.; and, assuming the quantity required to be pro­ vided for the Emigrants to be 1 cwt., he argues that he was clearly entitled to be paid for the quantity above 1 cwt. which was issued. The fact however is that the quantity required to be provided was 1§ cwt, being at the rate of 1 cwt. for every 100 Statute Adults and not 1 cwt. for the whole number on board, as assumed by Mr. Mills. The defence set up in this instance, therefore, being based upon a false assumption, is utterly void; and it certainly has not tended to lessen our suspicion that spirits and other medical comforts were withheld during the latter part of the voyage, not because the quantity allowed had been expended, but for the purpose of effecting a saving which might tend directly or indirectly to the Master's benefit. The sale of Spirits to per­ sons, who required them medicinally at the close of the voyage, is admitted. Charge 6.—That the Master did not strictly prohibit and prevent the sale of spirituous or fermented liquors to the passengers as recpiired by the 19th Clause of the Charter Party, but that on the contrary they were sold out of his own or the ship's stores with his express sanction and authority, and at unreasonably high prices. This charge is fully proved; the sale in two instances is admitted by Mr. Mills, and he excuses it by stating that it took place under the Surgeon's order, and refers to the log book in support of this Statement. It appears, however, that spirits were sold in several instances besides the two which are noted in the log book, and in those two cases it is not stated in the log that they were issued it the instance of the Surgeon, but merely that they are required as medical comforts. The exorbitancy of the price charged for the spirits and wine is in itself a sufficient refutation of the plea urged by Mr. Mills in excuse for his breach of the Charter Party. Had he sold the wine or spirits at the lowest remunerating price, and had he issued them in small quantities at a time under tbe Surgeon's orders as the patients required them, his excuse might have been accepted tionand .allowanc But, whee nmad wee sefoer tha bits hdeparture issued ebottle froms thate a establishetime and dcharge condid­ FITZ ROY TO GREY. 683 for them most extravagant prices, tbe admission of his plea would ms, •only aggravate the character of his offence, because it would prove 14NOV. that he made use of the necessities of the sick as a means of ReportDy extortion. immigration This exorbitancy is too apparent to require notice: but it may board of inquiry be pointed out that for sherry, which he was able to supply at 11™$$%%*. the rate of 2s. per b;>ttle as shewn in the copy of the account " handed in by Mr. Acret, he made the Immigrants pay 4s. Charge 7.—That the Master did not " strictly prohibit and pre­ vent on the part of the crew or officers any intercourse whatever with the female passengers on board,'' as required by the 19th Clause of the Charter Party, but that on the contrary he failed to prevent communication between the sailors and the females and between the officers and certain of the single females, who waited on them as servants with his express sanction. He allowed an unrestrained freedom of intercourse, which was encouraged by his own example, he also having had a female constantly in his cabin, and his offence in this particular being aggravated by the circumstance of these females having been young, unprotected and friendless girls from a Foundling Institution in Dublin. This charge is proved beyond all doubt to its full extent, and the ruinous consequences to the females, who in violation of the terms of the Charter Party were allowed to frequent the Cuddy and the Officers' cabins, appear to us to demand the infliction of a heavy penalty on the Charterers. Dorcas Newman, who waited upon the Chief Officer and who has been represented to us as a very interesting young girl and a great favorite in the Institution from which she was sent, fell a victim, as will be seen from the evidence to the consequence of a miscarriage and died before she could be landed from the vessel. Martha Magee, whose intimacy with the third Officer is exposed in the evidence, is now, we have very recently learned, the inmate of a notorious brothel in Sydney. having returned hither from a distant part of the Country to which she had been removed by the Government in order to place her beyond the third Mate's reach, and where she had been in a respectable service. Emma Smith, who waited upon the Captain, has been frequently seen under circumstances which leave no doubt that she is receiving the wages of prostitution, though she has not yet become a Public Woman ; of several of the other orphans by this vessel, we have reason to fear that we shall ere long hear of their having exchanged their homes and employments for the " easier mode of earning money," which Emma Smith has recom­ mended to one at least of them. Compared with the- moral evils which we have above described as having resulted or as likely to result from the breach .of the Charter Party which we have last noticed, the short issues of provisions and the want of attention to the physical comfort of the passengers by the " Subraon " must be viewed as of minor consideration. We are, however, of opinion that to these latter causes must be attributed in great measure the fever, which made its appearance in the vessel a short time before its arrival, and which attacked many of the Immigrants immediately after their landing, and involved the Government in considerable expense for their maintenance and medical treatment in the Depots at Sydney, Maitland and Bathurst. It is unnecessary that we should report seriatim on the charges affecting the Master and the first and third mates, because we 684 HISTORICAL RECORDS OF AUSTRALIA. 1848. are of opinion that these charges are in almost every particular 14 Nov. fully and clearly proved. We will, therefore, only notice those Th points in which we consider that the proof is defective, or that immigration there is some extenuating or aggravating circumstance deserving of board of inquiry attention. r« immigrant There is no evidence fixing upon the Master individually the ship Subraon. fralKls 1Jra(.tiSed upon the Emigrants respecting their provisions (Charge 1 against the Master) ; although therefore we fully believe that he was cognizant of these frauds and sanctioned them, we are unable to report that the charge is proved. That the Master closed the Scuttle opening into the Cuddy, when the fever broke out, is proved (Charge 7) ; but there is nothing beyond the Surgeon's opinion to shew that the fever was thereby increased. The charges against the first mate are all fully proved, and it is further made apparent that the death of Dorcas Newman was mainly caused by a haemorrhage consequent upon a miscarriage. In extenuation of his offence in respect to the part which the Chief mate took in the assault on McNamara, it may be conceded that McNamara was a man of filthy habits and that the Surgeon Superintendent is of opinion that the scrubbing did him more good than harm. The charges affecting the third mate are all fully proved with further circumstances respecting his connection with Martha Magee. Regretting, therefore, that we cannot propose a punishment more proportionate to their offences, we beg to recommend that the usual gratuities should be withheld from Mr. Mills, the Master, Mr. Hill the first mate, and Mr. Carwarcline the third mate of the " Subraon." As respects the Surgeon Superintendent, Mr. Acret, we are satisfied from the evidence before us that the Master's charge against him of habitual drunkenness and the statement that he was confined to his cabin for more than three weeks under the effects of delirium tremens are utterly false, notwithstanding their entry in the Ship's log. We are also satisfied that there was no impropriety of conduct whatever on Mr. Acret's part towards the single females. In other particulars, the charges set forth in the Immigration Agent's letter are in our opinion fully proved, and indeed their general correctness is admitted by Mr. Acret himself in his letter of the 10th August last. These charges are so serious as to render it utterly impossible that we should do otherwise than report Mr. Acret to be undeserving of the gratuity established by the Regulations, and unfit for the situation in which he was placed. At the same time, we cannot but feel that some allowance should be made for Mr. Acret in consequence of the peculiar difficulty of the position in which he was placed, and of which he gives in his own letter what we believe to be a faithful description, in consequence of the very unscrupulous character of the officers of the vessel which unfortunately fell to his lot. For his studious concealment of the irregularities which occurred on the passage, for his deliberate denial of any knowleuge of the reports of an improper intimacy between the Chief Mate and Dorcas Newman, for his making up his medical Journal for the period of his illness by fictitious entries of treatment are facts which admit of no excuse. - For the tiesattentivrest,, ithat maet anyhi dbs e such behavousai da stha trot induchitowards conduce thes thtm ebetraye alImmigrantl to spead nok sviciouwel wal so sf kinpropensihimd, and­ FITZ ROY TO GREY. 685 that his errors and failing chiefly arose from inexperience and a isis want of suitable firmness of character. In fact, we are of opinion u Nov. that, although, like the large majority of the Surgeons who fall 77— under our observation, he was utterly incapable of maintaining Emigration his position against an unscrupulous Master and Officers, he would board of inquiry under more favorable circumstances have discharged his duties in re immigrant such a manner as to avoid censure if he did not merit praise. ship SubTaon- Entertaining the above views" of Mr. Acret's character and con­ duct, and giving him credit for his " statement" which though tardily made was explicit and satisfactory, being characterised by no disposition either to extenuate his own failings or to exaggerate the misdeeds of others, we feel it our duty to recommend that he should receive a payment of £100. not as a part of the usual gratuity (for to that he has forfeited all claim), but as a donation such as given by Mr. La Trobe to the Surgeon Superintendent of the " Lady Peel," to prevent his being left without resources at this distance from his friends. We have recommended a somewhat larger allowance to Mr. Acret than was given in the case cited in consequence of his detention here, which, though caused by his own misconduct in the concealment of occurrences which it was his duty to have disclosed, should be taken into consideration with reference to the additional expence to which it has subjected him. [Enclosure No. 2.] [This was a printed report of si-rty folio pages, containing the minutes of proceedings of the immigration board on the inquiry relating to irregularities on the ship Subraon.] [Enclosure No. 3.] MR. F. L. S. MEREWETHER TO COLONIAL SKCUETARY THOMSON. Sir. Immigration Office, Sydney, 31st October, 1S4*. ' With reference to your letter of the 80th May. 1S4S. I do Report myself the honor to forward herewith for the information of His transmitted. Excellency the Governor the Report of the Immigration Board on the case of the Ship " Subraon." In accordance with the conclusions of the Board, in which I entirely concur, I propose to substitute in this case the following for the usual certificate, viz.:— I do hereby certify that the above List contains n true account Proposed of the Immigrants, who arrived alive by the Ship " Subraon," certificate re J r. Mills, Master, being in the whole equal to one hundred and slllP *""™C"1- seventy seven and a half Statute Adults. It will be perceived that Dorcas Newman, aged 19 years, died on board the Ship whilst in harbour; and I cannot therefore of course certify that she was " landed alive." I regret that I cannot add my Certificate that the conditions of the Charter Party have been in all respects duly fulfilled, because, independently of other irregularities which though not clearly established by evidence I believe to have occurred, it has been proved to the satisfaction of myself and the other Members of the Board, who enquired into the matter. lst. That during a considerable portion of the voyage the pro­ visions and water were not issued to the Immigrants in full mea­ sure, according to the scale fixed in Clause 9 of the Charter Party ; 2nd. That the Master did not " strictly prohibit and prevent the sale of spirituous and fermented liquors to the passengers." as required by the lOth Clause of the Charter Party. 6S6 HISTORICAL RECORDS OF AUSTRALIA. "rd. That the Master did not -'strictly prohibit and prevent on 1848, 14 Nov. the part of the crew or officers any intercourse whatever with the female passengers on board." as required by the 10th Clause of Proposed certificate re the Charter Party, but that, on the contrary, he failed to prevent ship Subraon. communication between the sailors and the females, and between the officers and certain of the single females, who waited on them as Servants with his express sanction; he allowed an unrestrained freedom of intercourse, which was encouraged by his own example, he also having had a female constantly in his cabin. And his offence in this particular is aggravated by the circumstances of these females having been young, unprotected and friendless girls from a Foundling Institution in Dublin. I have, &c, FRANCIS L. S. MEREWETHER. EARL GREY TO Sm CHARLES FITZ ROY. (Despatch No. 194, per ship Cardew.) 15 Nov. Sir, Downing Street, 15 November, 1848. Correspondence With reference to my Despatch of the 18th August, transmitted re No. 147. relating to the contribution towards the expenses of subsidy to the Benevolent Asylum in New South Wales for the year 1847, benevolent asylum. I now transmit for your information copies of a correspondence,. which has passed between this Department and the Treasury on the subject, from which you will see that, on my recommenda­ tion, the Lords Commissioners have consented to forego a claim upon the Asylum for a refund of the surplus contribution of £250 from Convict funds for the year in question, on the under­ standing that the original arrangement for the prospective reduc­ tion of the contribution will in future be adhered to. I have, &c, [Enclosure No. 1.] GREY. SIR CHARLES TREVELYAN TO UNDER SECRETARY MERIVALE. Sir, Treasury Chambers, 5th October, 184S. Report I am commanded by the Lords Commissioners of Her Ma­ transmitted. jesty's Treasury to transmit to you. for the information of Earl Grey, the enclosed copy of a Report of the Commissioners of Audit dated the 24th August last; and, with reference to the Communication from this Department dated the 30th October and your reply of the 13th Novr.. 1847, on the subject of the Contribu­ tion towards the expences of the Benevolent Asylum in New South Wales for that year. 1 am to request you will move Earl Grey to Query re non- cause my Lords to be informed whether the instructions conveyed refund of excess subsidy. to the Governors of New South Wales may have warranted the omission to refund the sum of Two Hundred and fifty pounds overdrawn from the Commissariat Chest on Account of the above mentioned year. I am, &c, [Sub-enclosure.l c- E- TBEVELYAN. Report re COMMISSIONERS OF AUDIT TO LORDS COMMISSIONERS or TREASURY. payments of My Lords, Audit Office, 24th August, 184S. subsidy to With reference to Sir Charles Trevelyan's Letter of 3rd December last (No. 26, benevolent 306) transmitting to us a copy of a correspondence on the subject of a suspensici asylum. for the year 1847, by direction of the Governor of New South Wales, of an GREY TO FITZ ROY. 687 arrangement by which the annual contribution of the British Govt, to the benevolent 1848. Asylum in that Colony was to be gradually reduced by £250 per annum, till it 15 Nov. should cease entirely; also of vour Lordships' Minute of 26th October last, directiiv. the Secretary of State to be" informed that it was your Lordships' opinion that Report re sufficient grounds did not appear for a departure from that arrangement and of payments of Mr. Merivale's Letter of 13th Novr. last, apprising your Lordships of Earl Grey's subsidy to concurrence in that opinion, and stating that instructions would be given to the benevolent Governor for adhering to the Arrangement. asylum. We have the honor to report that the first Instalment for the year 1S48 has been paid by Deputy Commissary General Ramsay at the reduced rate of £1,500, in conformity with the original arrangement; but. that for the year 1S4T, the Instal­ ments have been paid up to the full amount of £2,000 under the Governor's authority for the suspension of the reduction for that year. We have, therefore, to request of your Lordships to be informed whether Earl Grey's instructions to the Governor required a refund bv the Asylum of the surplus con­ tributions of £250 for the year 1847, or were intended to apply only to a prospective adherence to the original arrangement. We have, ke., H. F. LUTTHEI.I.. A. GRANT. [Enclosure No. 2.1 HEN-RY AUBTTTHVOT. UNDER SECRETARY JMERIVALE TO SIR CHARLES TREVELYAN. gir. Downing Street. 23rd October. 1S4S. ' I have laid before Farl Grey your letter of the 1th instant. enclosing a Copy of a Report from the Commissioners of Audit on the subject of tlie contribution towards the expences of the Benevo­ lent Asvlum of New South Wales for the year 1S47. and requesting to be informed whether the instructions conveyed to the Governor of that Colonv may have warranted the omission to refund the sum of £2.10 overdrawn from the Commissariat Chest for the Service during the vear in question. In reply. I am directed to transmit to you, for the information of opinion adverse the Lords Commissioners of the Treasury, the enclosed copy of a J™^ Despatch addressed on that subject by Lord Grey to the Governor „x-ces„ SUDSidy. of New South Wales on the ISth November, 1847, No. 2.10. together with copies of a further correspondence with that Officer on the subject of tbe dates specified in the margin.* and to request that vou will inform the Lords Commissioners that Lord Grey had not collected from vour letter of the 30th of October. ls'47. the expres­ sion of their Lordships' desire that the sum of £2.10 should be refunded bv the Governor, but merely an opinion that the original arrangement for the reduction of the grant should not be further interfered with. ,.,,,-, From the more recent Despatch of Sir C. Fitzroy. which he had written before he could have received the directions founded on your letter of the 30th October, 1847. it will be seen that he has himself felt the necessity of abstaining from any further suspen­ sion of the intended reduction. Under these circumstances and considering the claim which that Institution had upon the sym­ pathies of the Government, and the dissatisfaction which might be felt if the Governor were made personally responsible on account of his having in his discretion thought it incumbent on him to con­ tinue the Grant for one year without abating it by the amount of £T.O Lord Grev trusts that their Lordships may not think it necessary to insist upon the refunding of that sum but will be satisfied' with the steps which have been taken for causing the diminution of the Grant to continue in the prescribed course until it shall have been extinguished. I have. &c. H. MERIVALE. * Marginal note.—Sir C. Fit/. Roy, No. 78, 31 March, 1848 ; Lord Grey, No. 147, 18 Augt., 1848. 688 HISTORICAL RECORDS OF AUSTRALIA.

1848. [Enclosure No. 3.] 15 Nov. SIR CHARLES TREVELYAN TO MR. T. F. ELLIOT. Sir, Treasury Chambers, 4th November, 1848. Waiving of ' With reference to your Letter dated the 23rd Ultimo, I have claim for it in command to acquaint you, for the information of Earl Grey, refund. that the Lords Commissioners of Her Majesty's Treasury are willing, in compliance with his Lordship's recommendation, to forego the claim upon the Benevolent Asylum in New South Wales for a Refund of the Surplus contribution of Two hundred and fifty pounds from Convict Funds for the year 1847 on the understanding that the Original Arrangement for the prospective Reduction of the Contribution will be in future adhered to. j am &c _ C. E. THEVELYAX. SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 243, per ship Sir Edward Paget; acknowledged by earl Grey, 13th July, 1849.) My Lord, Government House, 15th November, 1848. p . . 1. I have the honor to transmit the copy of a Dispatch orequestingf entry and port from the Superintendent of Port Phillip covering a Petition clearance at addressed to me by, as stated by Mr. La Trobe, " a great majority Port Fairy. of the respectable inhabitants of Port Fairy and its vicinity," praying that Port Fairy may be declared a Port of Entry and Clearance. 2. As Mr. La Trobe reports, upon the authority of the Acting Collector at Melbourne, that the Trade of Port Fairy would justify a compliance with the Prayer of this Petition, notwith­ standing the increase in the expenditure of the Customs which it would entail; and as Mr. La Trobe further states that the distance of Port Fairy from Portland to which the Petitioners are at present compelled to resort for the purpose of passing Proposal recommended. entries is an hindrance to the trade of the former Port, I feel justified in recommending this Petition to Tour Lordship's favor­ able consideration. I have, &c, CHS. A. FITZ ROY. [Enclosures.] [A copy of the despatch, dated 16th October, 1848, and of the petition will be found in a volume in series III.]

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 195, per ship Cardew.) 16 Nov. Sir, Downing Street, 16 November, 1848. Papers At the instance of thp Lords Commissioners of the Trea­ transmitted. sury, I herewith transmit, to you, in order that they may be delivered to Mr. A. Staples, the accompanying letter and FITZ ROY TO GREY. 689

Instructions, addressed by the Board of Customs to that Officer 1848. on his appointment to the Office of 5th Clerk to the Collector at Sydney; and I have to desire that you will take such measure as may be necessary for the admission of Mr. Staples to the duties of that Office. I have, &c, GREY. [Enclosure.] TO MR. J. PARKER. Sir, Custom House, London, 28th Octr., 1848. Th.? Lords Commissioners of Her Majesty's Treasury having Appointment A taples been pleased by their Warrant, dated the 8th July last, to nominate °* u'sf Mr. Alexr. Staples to the situation of 5th Clerk to the Collector department. at Sydney, New South Wales, I have it in command to transmit herewith the usual Instruc- instructions tions for Mr. Staples, and to signify the request of the Board that transmitted. their Lordships will cause the necessary Steps to be taken for the purpose of having the same forwarded to his Excellency the Gov­ ernor, in order that directions may be given by His Excellency for the admission of the party to the Office to which he has been appointed. : am> &c ; [Signature undecipherable.] Custom House, London, 28th Octr., 1848.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 244. per ship Sir Edward Paget; acknowledged by earl Grey, 4th May, 1849.) My Lord, Government House, 16th November, 1848. 1. I have the honor to transmit the copy of a letter Request by addressed to the Colonial Secretary of this Government by Mr. "^"^0, George Flobler, an unlicensed occupier of Crown Lands in the crown lands . T~* • • for concessions Lower Darling District of this Colony, covering a Petition as licensed to the Queen from himself and certain other persons similarly °0CUPiers- situated, praying that Her Majesty will be graciously pleased to place them on the same footing with respect to their right under the existing Land Regulations to demand Leases for Lands they have hitherto occupied without Licenses, as if they had actually been in possession of Licenses for the same. 2. I need scarcely remind your Lordship that the 4th Section Report on of the Act, 9 Vict., Cap. IV, of the 28th August, 1846, prohibits r^uest- under certain penalties the unauthorised occupation and use of Crown Lands, and that the Regulations for the occupation of such lands beyond the settled Districts issued under my authority on the lst January last, which have received your Lordship's sanction, and with which the Petitioners were duly made acquainted, point out the mode in which Tenders for new Runs

SER. I. VOL. XXVI—2 X (590 HISTORICAL RECORDS OF AUSTRALIA.

1848. will be received by the Government, and also afford to persons 16 Nov. tendering for them every facility and advantage that they can reasonably expect; I, therefore, feel it my duty to recommend that the Prayer of this Petition should be rejected. I have. &c, Cns. A. FITZ ROY. [Enclosure No. 1.] MR. G. HOBLER TO COLONIAL SECRETARY THOMSON. Sir. Melbourne. 23rd September, 1848. .. I have the honor to acknowledge the receipt of your letter acknowledged of May last, enclosing a Copy of the Opinion of the Attorney and re claims of Solicitor Generals, upon the claims urged by myself and other settlers in Settlers in the Lower Darling District, respecting the leasing our district"lnS Runs there Situated, in which opinion those gentlemen were pleased to observe that redress of the hardship, we complained of, could be obtained only by petition to the Queen in Council. Preparation and I nave now further to acquaint you that, upon receipt of the transmission of opinion alluded to, I lost no time in getting a Petition to Her Ma- petition, jesty respectfully and properly prepared, and sent round the Dis­ trict of the Lower Darling for the signatures of the parties in­ terested, and that I have now the honor to present it to you under the full assurance that what I have done will meet the approbation of His Excellency the Governor, and that he will, by recommending it to Her Majesty's favorable consideration, assist in doing an act of justice to a body of enterprising settlers, who have deserved every encouragement from the Government, for the way in which they have brought into a profitable state a large tract of new country, and by their personal residence among numerous tribes of Aborigines conciliated them and rendered safe for travelling an extent of several hundred miles of road between Sydney and Ade­ laide, which had to the time of their settlement been most dan­ gerous to life and property; and this great good has been obtained without cost to the Government or loss of life to either a black or a white man. Request for The object of the petitioners is simply to secure such interpreta- l6ithS °t rl"t' t*on °* ^e new -^and regulations as will enable them to lease or'tender"101< m their runs from the Government, as other occupants of Crown Lands are allowed to do, and not to be forced to an auction by tender of premium upon their own property, a system which has in its first instance of application induced several individuals, who never put a foot in the district, to endeavor to outbid the bona fide Settler, who erected his buildings and other improvements in reliance upon the good faith of the Government securing his in­ terest in them as first occupier of the land, a practice never before departed from. It is usual for new laws to be promulgated some time before they come into force; but these Regulations most un­ justly take a retrospective view of our position. All, who are interested as I am in the working of the new Land Regulations, feel assured that no law so subversive in its application of the good feeling, which ought to exist between men living in such re­ mote positions, as those must do who can be affected by these new laws, would have emanated from the Governor or any local legisla­ ture. It is clearly an error arising from a partial acquaintance FITZ ROT TO GREY. 691 with the subject; but it tends to bring enmity amongst those who 1848. should cultivate none but kind feelings towards each other ; pioneers 16 Nov. of civilization, as they are. they require the strength of unanimity and confidence in each other to make their lives and properties even safe. On the misery of bad neighbourhood under such eir- Objections to cumstances I need not dwell; yet the ill advised method, by which seoret tenaers- tenure of our homes is to be obtained, calls info action the evil passion most easily excited, cupidity, and most men's covetousness is i.ituted to obtain possession of his neighbour's property by bidding in secret five shillings more than the Owner may chance to offer. As an instance, W. C. Wentworth, Esq., M.C. for Sydney, placed himself on a level with Mr. Bill Guise, an ex-prize-fighter, by ten­ dering a premimum upon my improvements at Paika. This is a great moral evil and cannot have been contemplated. Instead of merely asking to be put upon tbe same footing, a Claim for payment of license fees and agistment charges for our sheep and £hDSldiiIsola- cattle. with those more fortunate settlers who live within fifteen ^"of district. miles of our Shipping port. Geelong, we might well ask for exemp­ tion from payments of this kind altogether for some seven years to come, for we have more than three hundred miles to carry our produce to the nearest Shipping port, through a country without roads or bridges; and, if we look for any other market for sale of live stock, we have Sydney and Adelaide nearly equidistant, the nearest more than 500 miles off. I could adduce many more most cogent reasons in favor of com­ petition; but I fear being troublesome, and if I have not. now said enough to gain your favorable consideration, all I could add to my letter would be but waste of your time and mine. I have, &c. GEORGE HOB:LEB. [Enclosure No. 2.] THE Humble Petition of the Graziers and Squatters, located in Petition from the Districts of the Lower Darling and Lachlan, in Your sqSatterain < Most Gracious Majesty's Colony of New South Wales, Swerving To the Queen's Most Excellent Majesty in Privy Council and Lachlan ns«pmhlpd requesting assemoieci, privileges of Humbly Sheweth, licensed That your Most Gracious Majesty's Petitioners are Graziers occupiers. and Squatters in the District of the Lower Darling and Lachlan, in your most Gracious Majesty's Colony of New South Wales aforesaid. That your Most Gracious Majesty's Petitioners, being possessed of Sheep, Cattle, and Horses, far more than proportionate to the Lands they respectively held in the Settled Districts of the said Colony, it became necessary that they should seek new pastures a ..ong the waste Lands. That all the Waste Lands within the Settled Districts allotted to Commissioners of Crown Lands were already occupied; and it then became compulsory on Your Most Gracious Majesty's peti­ tioners to go far beyond the last settled Station, with a view to discover Lands on which to departure their said Stock, or to put up with the only alternative that presented itself, that of selling such Stock to great disadvantage, and thereby incurring a loss which would have amounted to little less than to their total ruin. 692 HISTORICAL RECORDS OF AUSTRALIA.

1848. That for the period of the last twenty years numerous enter­ 16 Nov. prising people of the Class, to which your Most Gracious Majesty's Petition from Petitioners belong, have, from time to time and as their wants graziers and required, sought for pasturage in the wild waste lands of the Con­ Bquatters in tinent of New Holland lying beyond the boundaries of location, by districts of lower Darling which means large tracts of land have been discovered and brought and Lachlan into use. which would otherwise have remained in an unprofitable requesting state of nature in all human probability for many years yet to privileges of come. licensed occupiers. That during the period of the last twenty years, and as often as new tracts of land have been discovered by the enterprise of private individuals, Chiefly of the Class to which Your Most Graci­ ous Majesty's petitioners belong, it has been the invariable custom of the Country, and in all cases recognised and acted upon by Your Most Gracious Majesty's Government at Sydney, that the persons, by whose exertions and enterprise any New Tracts of Country were first discovered and occupied, should have a preferent claim to occupy portions of such lands, as they might so discover, when they should be incorporated into Districts and Commissioners ap­ pointed thereto. That, in consequence thereof and relying upon the invariable custom and practice under similar circumstances not being de­ parted from, Your Most Gracious Majesty's Petitioners, at great personal risk, privation and expense, discovered the lands on which they are now located, and took possession of them by depasturing their Stock thereon, and residing there with their Servants and families to the imminent danger of such Stock, as well as the lives of themselves, their families and Servants. That, before so taking possession of the said lands, Your Peti­ tioners requested permission from Your Most Gracious Majesty's Government at Sydney, by application to the Honorable the Colo­ nial Secretary and offering to conform to the laws then in force with respect to the occupation of waste Lands within those Districts for which Commissioners had been appointed, and to take out a License and pay agistment for the Stock, Your Most Gracious Ma­ jesty's Petitioners had respectively placed thereon, to any person whom Your Majesty's Government at Sydney should appoint for that purpose. That the reply of the Honorable the Colonial Secretary at Syd­ ney to the application of Your Most Gracious Majesty's petitioners did not forbid them from occupying the said lands, but merely stated that, " it being beyond the power of the Government to give Police protection to the applicants. His Excellency the Governor could give no instructions." That Your Most Gracious Majesty's Petitioners thus looked upon the reply of the Honorable the Colonial Secretary to their Several applications in not forbidding your Petitioners to occupy the said lands as a tacit acknowledgment on the part of Your Most Gracious Majesty's Government at Sydney that the first occupation would (in compliance with the uniform custom hitherto pursued in similar cases) be acknowledged as a prior claim on the part of Your Ma­ jesty's Petitioners respectively to a License to occupy such lands. That, it having become necessary to occupy such lands, Your Most Gracious Majesty's Petitioners were compelled to lay out FITZ EOY TO GREY. 6&3 large sums of money in uuildings and other improvements upon 1848. them, and without which they would not have been of any service 16 Nov. t0 them' Petition!^ That in consequence thereof Your Most Gracious Majesty's peti- graziers and u a t rs tioners, in full confidence that the custom hitherto followed would j' t * ? '" be acknowledged in the instance of your Petitioners, as it had lowerDariing been in all other similar instances, have expended large sums of and Lachlan money in erecting those necessary Buildings and Improvements to requesting enable them to carry on their respective business and for the safety Hc™sedeS °f of their live Stock and for the Security of themselves and families, occupiers. That, after your Petitioners had been in possession of their runs for various periods of time from one to three years, the Act of the Imperial Parliament, passed in the ninth and tenth year of your most Gracious Majesty's Reign, arrived in the said Colony, together with Your Most Gracious Majesty's Rules and Regulations, made in pursuance thereof, of the ninth day of March in the Year of our Lord one thousand, eight hundred and forty seven, whereby it is ordered that, " if any individual be desirous fo acquire a New Run of land which has never been occupied before, he shall be at liberty to send in a sealed Tender at such time and place, and in such form as may be appointed by the Governor or Officer adminis­ tering the Government of the said Colony for receiving Tenders for New Runs, and Shall set forth in his Tender a clear description of the Run for which he applies and of the boundaries of the Same, and shall state whether, beyond the amount of rent to be ascer­ tained as hereinbefore provided, he is willing to offer any, and, if any, what amount of premium for the Lease, and Such Tenders shall be in alF respects dealt with as hereinbefore provided in Section 12 of this Order of Council for tenders for Runs which have been forfeited or fallen vacant, save and except that, if it shall occur that two or more persons have thus applied for different Runs of which part of one Run would include part or the whole of another Run, the Governor or Officer for the time being adminis­ tering the Government of the said Colony or the person or persons authorized by him to act in (his behalf shall declare what shall be the several Runs, for which it Shall be competent to parties to tender, and another day shall then be named at which the previous Applicants and all other persons hhall be at liberty to offer fresh tenders for the Runs so delivered." That, in. consequence of a correspondence entered into between your Most Gracious Majesty's Petitioners and the Government at Sydney as to the granting to Your Petitioners a Lease for the Runs they so respectively have occupied, and which correspondence was by His Excellency the Governor referred to the Crown Law Officers for their advice and opinion upon the point involved in it, this expectation has unfortunately been destroyed by the inter­ pretation put by those Officers on the Thirteen Section, who con­ sider the Runs of lands occupied under the circumstances above stated as Runs, which have never before been occupied, for the only reason " that they were not occupied by License," although in every instance Your Petitioners asked the permission of Your Majesty's Government at Sydney to occupy these lands, expressing their readiness to pay License and Agistment fees, as respectfully above Stated, and which permission was withheld solely because the Lands in question were not erected into a District, having a 694 HISTORICAL RECORDS OF AUSTRALIA.

1848. proper Officer to receive the fees for Licenses and Agistment, and 16 Nov. on the ground that no Police protection could be afforded by Your Petition from Majesty's Government either to your Petitioners or the Abori­ graziers and ginal Natives. squatters in That the custom hitherto prevailing has proved a Salutary and districts of lower Darling useful one, inasmuch as it encouraged the bold and enterprising and Lachlan to go in search of New Countries, satisfied that their labor, fatigue, requestirg danger, privation and expense would meet its proper reward in privileges of giving the discoverer a priority of Claim to so much of the lands licensed occupiers. he might discover, as would be suitable to his purposes and as he would be entitled to from the number of his Stock. That the cessation on the part of Your Most Gracious Maje'sty's Government to recognise so just, so natural and so equitable a prin­ ciple will, your Petitioners humbly Shew, go far to check the spirit of enterprise and discovery, which has, since the establishment of the Colony of New South Wales, distinguished the Great Body of Graziers and Squatters, and, Your Petitioners beg leave most re­ spectfully further to suggest, will be calculated to retard the full development of the interior resources of the Colony, the encrease of Wealth and prosperity of the Settlers, the due increase of Your Majesty's Revenue, and materially affect the commerce as well of the Mother Country as of Your Majesty's said Colony. That the District of the Lower Darling and Lachlan is inter­ sected by the Road leading from Sydney, the capital of Your Majesty's said Colony of New South Wales, to Adelaide, the Capital of your Majesty's Colony of South Australia, a line of road reaching from one extremity to the other a distance of on§ Thousand two hundred miles. That, previous to the said District being settled by Your Peti­ tioners, the Country, through which the above named Road passed, swarmed with hostile tribes of Aborigines, through which tribes parties travelling with live Stock from New South Wales to South Australia had, at great risk to their Stock and of the lives of the parties concerned, to make their way. That your Petitioners Settling on the lands in question have conciliated the goodwill of the said Aborigines to so eminent a degree that it is with the highest pleasure they communicate to your Most Gracious Majesty the gratifying fact that a solitary traveller may now pass in Security and unarmed from the elder Colony to the province of South Australia, and this great good, Your Petitioners confidently and respectfully state, has been effected without loss of life to either Black or White and at not one penny's expense to Your Most Gracious Majesty's Government, either of England, New South Wales, or South Australia, but by the unaided exertions of the proprietors of the Stock, who for its Security were obliged to reside on the land they occupied and to conciliate Abori­ ginal Natives, who in that District of New South Wales are very numerous and of a notoriously ferocious character. Your Most Gracious Majesty's Petitioners, therefore, humbly Pray that they may be permitted to have the respective portions of Country, they have hitherto occupied, upon the same terms as if they had held them under License, and that they may not be forced to compete with Strangers for the possession of their houses and other improvements by the most objectionable descrip­ tion of auction, that of Sealed Tenders, by which Your Most GREY TO FITZ ROY. 695

Gracious Majesty's petitioners would be obliged to re-purchase all 1848. the buildings and improvements they have already made, or 16 Nov. abandon all the property they have invested, which your Peti­ Petition from tioners humbly state to Your Most Gracious Majesty and Council graziers and would in many instances terminate in their total ruin. squatters in etc. districts of And your Petitioners as in duty bound Will Ever Pray, etc. lower Darling Here follow the Signatures of— GEORGE LEE. and Lachlan GEORGE HOBLER. WILLIAM ROSS. requesting privileges of N. CHADWICK. JAMES SCOTT. licensed J. L. PHELPS. JAMES JACKSON. occupiers. W. TYSON. WILLIAM JACKSON. JOHN SCOTT. JAMES TYSON. THOS. BARKER, J.P. JOHN MACKINLAY. FRANCIS JENKINS. DUGALD FLETCHER. EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 196, per ship Cardew.) Sir, Downing Street, 17 November, 1848. IT Nov. I have to acknowledge the receipt of your despatch, No. 121 Confirmation of of the 21st May last, forwarding for the Royal allowance some r Rules of Court promulgated by the Resident Judge of the Dis­ trict of Port Phillip, and I have to inform you in reply that, for the reasons stated in my despatch, No. 157 of the 30th August, I have advised the Queen to confirm those Rules; and I am to signify to you Fler Majesty's approval of the same. I have, &c, GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 197, per ship Cardew.) Sir, Downing Street, 18 November, 1848. is Nov. I transmit to you herewith a Copy of a letter, which has Letter trans- been addressed to my Under Secretary of State by Mr. A. Damill A^Damiii™ relative to an alleged pecuniary claim upon you. I have, &c,

rn , . GREY. [Enclosure.] [A copy of this letter* is not available.]

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 198, per ship Cardew.) Sir, Downing Street, 20 November, 1848. 20 Nov. With reference to my Despatch, No. 158 of the 5th Sep­ tember, I have now to acquaint you that I have laid before the Queen the Act, passed by the Legislature of New South Wales,

* Xote 47. 696 HISTORICAL RECORDS OF AUSTRALIA.

1848. and enclosed in your Despatch, Xo. 241 of the 16th December, •20 Nov. 1847, entitled an Act (No. 12 of 24th August, 1847) " to continue Confirmation for a limited time, the Act to amend the Acts now in force re­ of colonial distillation act. specting the distillation of Spirits, and more effectually to pre­ vent illicit Distillation"; and Her Majesty has been pleased to approve and confirm that Act. You will accordingly make Her Majesty's decision known by a Proclamation to be issued in the usual and most authentic manner.

Amendments I have referred, for the consideration of the Lords Commis­ proposed in sioners of the Treasury, the Act No. 7, which you forwarded to spirits duties me in the above mentioned Despatch, entitled an Act " to define act. the Duties chargeable on Spirits " ;* and I herewith transmit to you a copy of their Lordships' reply, with copies of their corre­ spondence with the Board of Trade on the subject, pointing out the particulars in which this Act appears to be defective or erroneous in principle. I have therefore to request that you will suggest to the Legislative Council the propriety of passing a fresh Ordinance, which shall supply the defects and remedy the errors specified in the accompanying correspondence; and, whenever such an amended Ordinance shall have reached me, I shall be prepared to submit the same for Her Majesty's allowance. I have, &c, GREY. [Enclosure No. 1.] SIR CHARLES TREVELYAN TO UNDER SECRETARY IIAWES. Sir, Treasury Chambers, 3rd November, 184s,. Transmission With reference to your letter dated the 20th ultimo, relating of letters re to an Act passed by the Legislature of New South Wales (No. 7), spirits duties entitled, " An Act to define the Duties chargeable on Spirits." I act. am commanded by the Lords Commissioners of Her Majesty's Treasury to transmit to you the enclosed Copies of a Communica­ tion, made to the Board of Trade by order of my Lords, upon that subject on the 30th September last, and of their reply dated the 28th Ultimo ; and I am to request that you will submit the same to Earl Grey as expressing the views of this Board upon the subject of the Act in question, and that you will move his Lordship to give Instructions to the Governor of New South Wales in con­ formity with those views. I am at the same time to request that you will state to Lord Grey that My Lords see no objection to the confirmation of the Act (No. 12), respecting the distillation of Spirits, also referred to in your above mentioned Letter. The transcripts of the two Acts in question which accompanied your communication are returned herewith. I am, &c, Marginal note.- -No. 16 August, '47 ; 3d November, '48. C. E. TREVELYAN. GREY TO FITZ ROY. 697

[Enclosure No. 2.] 1848. 20 Nov. SIR CHARLES TREVELYAN TO SIR DENIS LE MARCHANT. Sir. Treasury Chambers, 30th September. 1848. I am commanded by the Lords Commrs. of Her Majesty's Submission of Treasury to transmit herewith Copy of a Letter from the Colonial spirits duties Office dated 20th instant, with the accompanying transcripts of di'stiiration two Acts (Nos. 7 and 12) passed by the Legislature of New South acts. Wales in the months of July and August. 1847, entitled, No. 7. " An A.ct to define the duties chargeable on Spirits," and No. 12, " An Act to continue for a limited time the Act to amend the Acts now enforced respecting the distillation of Spirits and more effectually to prevent illicit distillation," together with Extracts from the Despatch of the Governor relating to them; and. in laying these Documents before tbe Lords of the Committee of Privy Council for Trade, I am to request you will inform their Lordships that my Lords have not seen reason to object to the provisions of the Act No. 12 relating to distillation; but that, with respect to the Act No. 7, to define the duties chargeable on Spirits, it has appeared to objections to my Lords that it is open to very serious objection, inasmuch as, spirits duties by the classification of Spirits which is adopted in it, the pro- ac ' fessed object of equalizing the duty between Gin, the produce of Great Britain, and Hollands, is attained by imposing a higher rate of duty upon the former, and will have the effect of establishing a new discriminating duty against it, and in favour of another class of Spirits with which it practically comes into competition. The duty on Rum, the produce of the British Colonies and of India, and on Whiskey the produce of the United Kingdom, is fixed at 3s. (id., whilst that on British Gin is fixed at Os.; the latter is in point of fact not so high priced an Article as Malt Whiskey, with which, as well as with Colonial Rum, it comes into competi­ tion for consumption in this Country ; and the proposed scale seems therefore to My Lords to establish a discriminating duty against British Oin. The small quantity of British Gin hitherto imported into New South Wales may perhaps have arisen from some difficulties in the warehousing of British Spirits, which have been removed by ail Act of last Session; but the doubling the duty hitherto paid in the Colony on British (iin can hardly fail to check the manufacture of Spirits in this Country for exportation to the Colonies. I am also to state that My Lords concur in the principle of the directions contained in Lord Stanley's Despatch of the 28th June, 1843, and have no objection to a higher duty being imposed on Spirits of a more valuable description, if that should be necessary for the revenue of the Colony; but they consider the scale pro­ posed in the Act under consideration as inconsistent with the principle of His Lordship's directions, and unfair to the producers of one description of Spirit in this Country. My Lords would, therefore, suggest that, the Governor should be instructed by the Secretary of State to consider whether a more equable scale of duties may not be adopted without risk of ulti­ mate loss to the revenue of the Colony. j am &c^ C. E. TREVELYAN. 698 HISTORICAL RECORDS OF AUSTRALIA. [Enclosure No. 3.] 20 Nov. SIR DENIS LE MARCHANT TO SIR CHARLES TREVELYAN. Office of Committee of Privy Council for Trade, Sir, Whitehall, 28th October, 1848. ' With reference to your Letter of the 2nd instant on the New South Wales Acts, Nos. 7 and 12, I am directed by the Lords of Approval of the Committee of Privy Council for Trade to state to you that objections to spirits duties My Lords agree with the Lords Commissioners of Her Majesty's act. Treasury in thinking it undesirable that so much higher a duty should be laid on British Gin than on Rum and Whiskey, and that it would be well to desire the Governor to endeavour to devise some mode of arranging the duties, which should place British Gin on a fair footing without however reverting to a system of differential duties on foreign produce. My Lords see no objection to the confirmation of the Act No. 12. I am, &c, DENIS LE MARCHANT. The Acts are herewith returned and the original Enclosures.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 248, per ship Sir Edward Paget.) 21 Nov. My Lord, Government House, 21st November, 1848. Remittance for I have the honor to inform your Lordship that Requisi­ purchase of clothing for tions have been forwarded to the Colonial Agent General police. For Clothing for the use of the Civil Police of the Middle District of this Colony forming a charge on the General Revenue at the disposal of the Legislative Council, the Cost being estimated at . . . . £1,700 0 0 For Ditto for the Port Phillip District . . 500 0 0 For Ditto for the Mounted Police force of the Colony 530 0 0 (also chargeable on the general Revenue) for the Service of the year 1850; and that I have given authority for the estimated expense of the whole, viz., £2,730, being issued from the Colonial Treasury to the Deputy Commissary General. 2. I have, therefore, to beg that Your Lordship will give direc­ tions for an equal sum to be paid to Mr. Barnard from Her Majesty's Treasury 'to enable him to comply with the Re­ quisitions. I have, &c, CHS. A. FITZ ROY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 199, per ship Cardew.) Ti. Nov. Sir, Downing Street, 22 November, 1848. 1 have received your Despatch, No. Ill of the llth May last, forwarding a petition addressed to the Queen by certain FITZ ROY TO GREY. 699

Inhabitants of the District of Maitland, praying that Her Ma- 1848. jesty would not assent to any change in the Constitution of the Al7^' et Colony, which should not have received the previous sanction of f ^°3rc the Colonists at large. changes in You will acquaint the Petitioners that I have laid their Peti­ tion before the Queen, who was pleased to receive it very graci­ ously; and I have to refer you to my Despatch, No. 133 of the 31st of July last, as containing the views of Her Majesty's Gov- •ernment with regard to the future constitution of the Australian Colonies. j have> &C-;

GREY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 24V), per ship Sir Edward Paget; acknowledged by earl Grey, Kith May. 1849.) My Lord, Government House, 22 November, 1848. 1. Adverting to my Despatch, No. 233 of the 23d October, reporting that the sum of £450 had been remitted to the Colonial Agent General on account of the outfit and passage of three Roman Catholic Clergymen who had been appointed to this Colony, I have now the honor to inform Your Lordship that, at Remittance the request of the Most Reverend Archbishop Polding, I have R. of clergyman. authorized the additional sum of £150 to be paid to Deputy Com­ missary General Ramsay as a remittance to the Colonial Agent, to enable him to pay for the outfit and passage of such Roman Catholic Clergyman as may be duly appointed to the Colony; and I have to request that Your Lordship will cause a corre­ sponding sum to be issued to Mr. Barnard from the British Treasury. 2. It may be proper to explain to Your Lordship that the Roman Catholic Clergyman now to be appointed is the last of the six Clergymen of that denomination alluded to in Mr. Secretary Gladstone's Despatch of 24th February, 1846, No. 34, for whose outfit and passage to the Colony the sum of £900 was set aside in the year 1845 out of the sum appropriated to Religious wor­ ship under Schedule C of the Constitutional Act, 5 and 6 Vict., •ch. 76, and that the balance of £150, which I have now autho­ rized to be remitted to Mr. Barnard, is still available for its original purpose. 3. The Certificate from the Deputy Commissary General on his receiving the money will be transmitted to Mr. Barnard. I have, &c, CHS. A. FITZ ROY. 700 HISTORICAL RECORDS OF AUSTRALIA.

1848. SIR CHARLES EITZ ROY TO EARL GREY. 23 Nov. (Despatch No. 250, per ship Sir Edward Paget; acknowledged by earl Grey, 5th June, 1849.) My Lord, Government House, 23d November, 1848. 1. On the receipt of your Lordship's Despatch, No. 68 of the 14th April, 1848, I caused the purport of it to be communi­ cated to the Commanding Royal Engineer, with a request that the proper steps might be taken for selling to the best advantage certain Instruments belonging to the Observatory at Parramatta. Objections to That Officer, however, in a letter of which I enclose a copy, states sale of that, having consulted with Captain King, they have agreed in astronomical instruments in opinion that there would be no competition here for the purchase colony. of the large Instruments, which are, 1. A 42 inch Meridian Circle by Jones; 2. A Mural Circle by Troughton; 3. A 16 inches repeating Circle by Reichenbach; 4. A Zenith Sector which appears not to have been unpacked. Withdrawal of 2. Under these circumstances, I beg to report to Your Lord­ instruments ship that I have considered that it would not be advisable to from sale. attempt to sell these Instruments in the Colony; and that I have accordingly given directions for their being retained here, until your Lordship's further instructions as to their disposal shall have been received. j have> &c ; CHS. A. FITZ ROY. [Enclosure.] THE Commanding Royal Engineer to the Honorable the Colonial Secretary, respecting the sale of instruments belonging to the Parramatta Observatory. Sir, Royal Engineer's Office, Sydney, 31st October, 1848. Adverting to your letter of the llth ultimo, conveying to me the orders of His Excellency the Governor to take the proper steps for selling to the best advantage the instruments, etc., belonging to the Parramatta Observatory, I have the honor to submit for the consideration and further orders of His ExceUency the following Objections to observations:— sale of large After the most careful enquiry I am led to believe that it would astronomical not be expedient to sell on the spot the large instruments of the instruments in colony. Observatory. I have consulted Captain King on the subject, and he agrees with me in opinion that there would be no competition for the purchase of these large instruments should they be offered for sale in the Colony. The following are the instruments which it is considered could not be disposed of on the spot, and Captain King and myself think it would be expedient to cause them to be returned to England:— lst. The 42-inch meridian circle, by Jones; the vernier not graduated, and the instrument in other respects requiring to be put into the hands of a skilful instrument maker to render it ser­ viceable. The late Mr. Dunlop never used it. FITZ ROY TO GREY. 701 The 30-inch transit belonging to this circle Captain King thinks i»48. would be quite sufficient for the purposes of a time ball. 2jSNov. The 5-feet transit being unnecessarily large for this purpose, he objections to thinks it would be advisable to return it to England, and keep the sale of large 30-inch instrument in the Colony. astronomical 2nd. The mural circle by Trough ton. colony™ '" 3rd. The 16-inch repeating circle by Reichenbach. 4th. The zenith sector, in two cases, which appear to have never been unpacked. I have, &c. J. A. GORDON, Lt.-Col. Com. Roy. Eng.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 201, per ship Cardew.) Sir, Downing Street, 24 November, 1848. 24 Nov. I have received your despatch, No. 120 of the 20th May « Blue book" last, transmitting the Blue Book for your Government for the acknowledged. year 1847, together with the Statistical report on the State of the Colony for that period. T have, &c, GREY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 251, per ship Sir Edward Paget; acknowledged by earl Grey, 29th May, 1849.) My Lord, Government House, 24th November, 1848. At the request of a Public Meeting of the Inhabitants of Transmission the District of Yass held on the 12th October last, which was of Petition. communicated to me by the Revd. C. F. Brigstocke and the Revd. C. Lovat on the 18th instant, I have the honor to transmit a Petition addressed to Her Majesty the Queen, praying "an •early reduction in the price of land to a fixed rate of Five Shil­ lings an acre," and that " quantities of land sufficient for the demand may be at once surveyed and made available for purchase." I bave, &c, CHS. A. FITZ ROY. [Enclosure.] THE Humble Petition of the undersigned Clergymen, Magis- Petition from trates, Landholders and others, Inhabitants of the District J^f"^! YSSS of Yass in the Colony of New South Wales, requesting " reduction in Unto Her Most Gracious Majesty Victoria, of the United Kingdom price of land. of Great Britain and Ireland, Queen, Defender of the Faith, etc., etc., etc., Sheweth, Yass, 12th October, 1848. That your Petitioners desire to approach your Majesty with every expression of dutiful affection and with the assurance of their most devoted loyalty to your Majesty's Grown and Person. 702 HISTORICAL RECORDS OF AUSTRALIA.

1848. That Petitioners, relying upon your Majesty's Royal care and 24 Nov. consideration for the welfare and happiness of your subjects in Petition from this portion of your Dominions, earnestly desire to call your Ma­ residents in jesty's attention to the pernicious effects of the high minimum district of Yass price of one pound an acre Placed on the Crown Lands of this- requesting reduction in Colony. price of land. That the present minimum price of one pound an acre is much beyond tbe real value of the Crown Lands is borne out both by the experience of your Petitioners and by the almost unanimous testimony of the witnesses, examined before a Select Committee of the Legislative Council of this Colony in 1844. That, by reference to the sales of Crown Lands in this Colony, it is already shown that, as their minimum price was raised, their sales diminished in an equal ratio; and that, as a necessary conse­ quence of this diminished Land revenue, the means requisite to sustain immigration, so vitally essential to the welfare and pro­ gressive improvement of the Colony, was nearly annihilated, and labour has attained a ruinous rate. That the attempt to maintain thisfictitious valu e has given rise to a series of Crown Land Regulations in the highest degree destructive of the best interests of the Colony; and your Petitioners- desire to express their firm conviction that, unless the price of land is reduced, the Colony, SD far from progressing, must retrograde. Your Petitioners are further convinced that a reduction of the price of land in this Colony to Five shillings an acre would strongly influence many of your Majesty's subjects, who now emigrate to the United States, to select this Colony. That many of your Petitioners are and have long been desirous to purchase Crown Lands, from which, by the existing Regula­ tions, all prudent persons are effectually precluded; and that one evil of those Regulations is the virtual reservation of the waste lands of the Crown within the boundaries of the Colony for those who have acquired land under the old systems, to the exclusion of others desirous to purchase on equitable terms. That your Petitioners would further humbly desire to draw your Majesty's attention to the inequitable ratio which the price of land in this Colony bears to the price in other places, possessing superior advantages both in situation and soil; viz., United States, 5 shillings an acre; Canadas, 3 shillings and 3 pence to 6 shillings and 8 pence; Cape of Good Hope, 2 shillings; Nova Scotia, 1 shil­ ling and 9 pence; New South Wales, 20 Shillings ! That another great evil arising from the high price of land is the dispersion of the population to such an extent as to deprive them of the advantages of Religious instruction and education, evils which your Petitioners are most anxious to see remedied. That, on a careful and dispassionate consideration of the subject, your Petitioners are convinced that a fixed price of Five shillings an acre is a fair and equitable average value for the Crown Lands of the Colony. That your Petitioners strongly deprecate the existing system of sale by auction as tending to the monopoly by one class of the community and to the practical exclusion of the other and bona fide retainer of the land. That, to meet the wants of the Agriculturists, who constitute a valuable portion of this community, your Petitioners would humbltions oyf noprat yles thas that Crown Fiftn yLand acress .ma y be surveyed and sold in por­ GREY TO FITZ ROY. 703

Your Petitioners would most humbly solicit your Majesty to 1848. take such measures for an early reduction in the price of Land to 24 Nov- afixed rate of Five shillings an acre, as to Your Majesty may seem petjtion from mostfit; and that quantities of land sufficient for the demand may residents in be at once surveyed and made available for purchase, the deficiency ^qu^stirg ^ ^ of which caused so much complaint and injury in the years 1839 reduction in and 1840. price of land. And your Petitioners as in duty bound will ever pray. [Here follow the signatures.]

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 202, per ship Cardew.) Sir, Downing Street, 25 November, 1848. 25 Nov. I have received your Despatch, No. 110 of the 10th May, inability to with the copy of one from the Superintendent of Port Phillip, ^foe female 1 i r a t for suggesting that, as an equivalent to the Exiles already intro- ^™ | h .^1 ? duced into that District, an equal number of Free Female Emi­ grants should be sent there at the charge of this Country, thereby giving a retrospective effect to the principles laid down in my Despatch, No. 213 of the 3rd of September, 1847. The terms of my subsequent Instruction of the Sth of Sep­ tember last will have already explained the reasons which had compelled Her Majesty's Government to forego the project, to which your despatch refers; and I can, therefore, only repeat that it is out of my power to comply with Mr. Latrobe's request. I have, &c, —— GREY.

EARL GREY TO SIR CHARLES FIT/, ROY. (Despatch No. 203, per ship Cardew.) Sir, Downing Street, 25 November, 1848.

I have to acknowledge the receipt of your Despatch, pCSpatch No. 106 of the 6th of May, with a Memorial from the Mayor, ^Xforg<>d Aldermen and Councillors of Melbourne, who pray that, for the "^bourne reasons assigned by them, the title of " Right Worshipful," by ' which the Mayor of Sydney has been hitherto designated, should also be accorded to the Chief Officer of their own Corporation. You will acquaint the Memorialists that, whenever the con­ tingency on which this claim is preferred, namely, the erection of Port Phillip into a separate Colony, shall have taken place, I shall be very willing to comply with their request, but that I am unable to entertain it in the meantime. T have, &c, GREY. 704 HISTORICAL RECORDS OF AUSTRALIA.

EARL 1848GREY. TO SIR CHARLES FITZ ROY. 27 Nov. (Despatch No. 204, per ship Cardew.) Sir, Downing Street, 27 November, 1848. Special The Act passed by the Legislature of New South Wales in confirmation the month of September, 1847, referred to in your Despatch, of aliens act. No. 241 of the 16 December, 1847, and entitled, "An Aet to amend the Laws relating to Aliens within the Colony of New South Wales," having been referred by The Queen in Council to the Lords of the Committee of Privy Council for Trade, that Committee have reported to Her Majesty their opinion that the said Act should be specially confirmed andfinally enacted . I have, therefore, the honor to transmit to you herewith an Order of Her Majesty in Council, dated 31st October, 1848, approving such Report. I have, &c,

r_ , , GREY. [Enclosure.] Order-i u- cou ncil ORDER-IN-COUNCIL. re aliens act. At the Court of Windsor, the 31st day of October, 1848. PRESENT:—The Queen's Most Excellent Majesty; His Royal High­ ness Prince Albert; Lord Chancellor; Lord President; Duke of Norfolk; Earl of Auckland; Lord John Russell; Viscount Palmer­ ston ; Lord Campbell; Sir George Grey. Bart. Whereas the Legislative Council of Her Majesty's Colony of New South Wales did, in the month of September, 1847, pass a Bill, which has been reserved by the Governor of the said Colony for the signification of Her Majesty's Pleasure under the 33rd Sec­ tion of the Act of the 5th and 6th years of Her Majesty's reign, cap. 76, and has been transmitted entitled as follows, vizt.:— No. 39. " An Act to amend the Laws relating to Aliens within the Colony of New South Wales." And whereas the said Bill has been referred to the Committee of the Lords of Her Majesty's Most Honorable Privy Council, appointed for the consideration of all matters relating to Trade and Foreign Plantations, and the said Committee have reported as their opinion to Her Majesty that the said Bill should receive Her Majesty's special confirmation, Her Majesty was thereupon this day pleased, by and with the advice of Her Privy Council, to declare Her special confirmation of the said Act, and the same is hereby speciallEARLy GREconfirmedY TO SI, ratifieR CHARLEd anS dFITfinally Z ROYenacte . d accord­ ingly. Whereof(Despatc the Governorh No. ,205 Lieutenan. per shitp Governor Cardew.,) or Commander in Chief for the time being of Her Majesty's Colony of New South Sir, Downing Street, 27 November, 1848. Wales, and all other persons whom it may concern are to take With reference to my Despatch, No. 158 of the 5 Sep­ notice and govern themselves accordingly. tember, I have now to acquaint you that I WhavM eL laiBATHIJBSd beforeT the GREY TO FITZ ROY. 705 Queen the Various Acts passed by the Legislature of New South 1848. Wales, enclosed in your Dispatch, No. 241 of the 16th December, ov' 1847, and of which the list of their dates and titles is herewith ^tfrfco'nneii! annexed; and Her Majesty has been pleased to confirm and .allow the same. You will, therefore, communicate Her Majesty's decision to the Inhabitants of the Colony under your Government by a Proclamation to be published in the usual and most authentic manner. I have, &c, GREY. [Enclosure.] [This was a list of the titles of the acts of council, Nos. 8, 14, 15 and 28, and the Union bank of Australia act.]

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 206, per ship Cardew.) Sir, Downing Street, 27 November, 1848. I have received your Despatch, No. 117 of the 17th May increase of last, respecting the claim for additional remuneration made by j.rsuiiivan.r Dr. Sullivan, the Surgeon Superintendent of the Ship " Sir Edward Parry," which carried out a number of Juvenile Immi­ grants to New South Wales; and I have to acquaint you that the Services performed by him on that occasion appear to me to have entirely justified an encreased Grant and that you acted rightly in issuing to him a Gratuity of £40 for that purpose. I have, &c, GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 207, per ship Cardew.) Sir, Downing Street, 27 November, 1848. I have received your Despatch, No. 130 of the 30th of Refusal of May last, enclosing an application from Mr. S. F. Milford, who, salary for on the grounds described by him, solicits an encrease in the S- K Mlltord- Salary at present attached to his united Offices of Master in Equity and Curator of Intestate Estates in New South Wales; and you will inform that gentleman that, as I am unable to perceive the existence of any valid ground for such a claim, I regret that it is not in my power to accede to his application. I have, &c, GREY.

SER. I. VOL. XXVI—2 Y 706 HISTORICAL RECORDS OF AUSTRALIA.

1848. SIR CHARLES FITZ ROY TO EARL GREY. 27 Nov. (Despatch No. 253, per ship Sir Edward Paget.) My Lord, Government House, 27th November, 1848. Inability to 1. I have had the honor to receive Your Lordship's Dis­ report re P. A. patch, No. 58 of 23d March, 1848, transmitting tbe copy of a Munderlow. letter from Count Reventlow, the Danish Minister in London, requesting that enquiries may be made in order to ascertain the fate of Mr. Peter Anton Munderlow of Copenhagen, who is stated to have proceeded to England in 1839 and afterwards to Sydney. 2. In reply, I have the honor to report to Your Lordship that,. having caused the strictest enquiry to be made, I have been un­ able to obtain the slightest intelligence whatever concerning Mr. Peter Anton Munderlow. I have, &c, CHS. A. FITZ ROY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 209, per ship Cardew.) 29 Nov. Sir, Downing Street, 29 November, 1848. Reports With reference to my Despatch, No. 184 of the 31st transmitted. Ultimo, I transmit to you, herewith, for your information and guidance copies of two further reports from the Colonial Land and Emigration Commissioners on the subject of the German Emigrants dispatched from Hamburgh by Mr. Delius. I fully concur in the opinion expressed by the Commissioners Instructions in these Reports. You will disavow on the part of the Govern­ re bounty on ment any responsibility for an Emigration, so conducted as this immigrants introduced by has been by Mr. Delius in disregard of the Government regula­ E. Delius. tions ; and you will pay the Bounty on the Families of such per­ sons only, as should appear on their arrival in the Colony to be effective Yine Dressers, Agricultural Labourers or Shepherds. I have also informed the Emigration Commissioners, with reference to their Report of the 13th Instant, that no part of the purchase money received for Land from German Emigrants should be paid to Mr. Delius for the conveyance of their relatives to New South Wales. I have, &c, [Enclosure Xo. 1.1 GREY. LAND AND EMIORATION COMMISSIONERS TO UNDER SECRETARY MERIVALE. Colonial Land and Emigration Office, Sir. 8th November, 1848. In our Report of the 4th Ulto., we brought to Lord Grey's Notice certain irregularities which had taken place in the conduct of the German Emigration which had been undertaken by Mr. Delius. GREY TO FITZ ROY. 707

That Gentleman had been informed that the Government would 1848, be disposed to consider favorably a plan submitted on his behalf 29 Nov. by Mr. Westgarth, under which a Bounty of £2 10s. per head was TT7" to be payable on 400 Emigrants; but that it would be necessary wftt E Delhis before entering on any definite arrangement that we should receive re immigrants a detailed list and description of the Emigrants. Before for- tcoxa Germany. warding any such list, Mr. Delius sent out these persons to the Colmy, informing them that £2 10s. per head would be paid by Government towards their passage money. On being apprised of this circumstance, we immediately applied to Mr. Delius for an explanation and laid the matter before Lord Grey, who instructed the Colonial Authorities to delay the payment of the Bounty till further information should be received, if it were possible to do so, but, if not, to pay the Bounty only on those persons who should answer to the conditions required by this Board in their corre­ spondence with Mr. Delius. We now transmit a letter from Mr. Westgarth on this subject written in answer to our demand for explanation, a Copy of our reply, and of a second letter from Mr. Westgarth enclosing a List of the Emigrants, 347 in number. The practical question which arises is whether any or what amount of Bounty should be paid upon them. The tenor of the proposed arrangement may be gathered from two short extracts from the correspondence. In a letter from Mr. Delius of the 5th May last, explaining why lie had not forwarded the required List, the following passage occurs:—" I therefore am led to believe that the plan least trouble­ some to you would be to wait until about the time it can exactly be ascertained who is going. In the meantime. I beg to state that I have to do with only one description of persons, vizt.. Agricul­ tural peasantry, including persons accustomed to the culture of Vine, to pastoral employments, and included in the same a few Me­ chanics and Artizans." In our reply of the 16th May, we stated that, as the object with which the proposed emigration was sanctioned was that of in­ troducing into the Colony persons skilled in the operations which have reference to the manufacture of Wine, the acceptance of any proposed body of Emigrants large or small would principally depend on the number of Vine dressers, Wine makers, and wine Coopers. which it contained. By the annexed Summary of the occupations of 347 Emigrants occupations actually despatched from Hamburg, it will be seen that only two of immigrants are Vintagers, 58 are Agriculturists, Shepherds and their families; Elerjeiiusy of the remainder, some are described as gardeners or merely as Labourers; The rest are a confused medley of all ages and trades comprising those of Sadler, Bookbinder, Combmaker, Soldier, Clerk, pastry Cook, botanist, midwife. Washerwoman, Painter, etc., and the large majority of the Emigrants are persons who have no visible connection with any Agricultural pursuit. We need hardly point out that this list of Emigrants does not Non-fulfilment in any degree fulfil the conditions on which we held out to Mr. °f conditions by Delius any prospect of a Bounty, and considering that these per- ' e lus' sons have now been sent by him to the Colony under expectation of a Bounty without any authority from us, and without having given us those means of considering their fitness which we had repeatedly required, we would submit that the Colonial Authori­ ties should be instructed, in case they shall not have already made 708 HISTORICAL RECORDS OF AUSTRALIA.

1848. any payment on account of those Emigrants, wholly to disavow 29 Nov. on the part of Government any responsibility for an Emigration, Instructions the soundness of which there is so much reason for suspecting, and proposed re to pay the Bounty on the families of such persons only as should payment of appear on their arrival in the Colony to be effective Vintagers, bounties. Agricultural Labourers or Shepherds, no Bounty, however, being payable on any person above 50 years of age. But, whatever course is adopted with regard to the payments of Bounty, we are con­ strained to add our opinion that the negotiations with Mr. Delius could not be carried any further with any real prospect of advan­ tage, and that they should now be broken off. We very much regret this termination to an undertaking, whicn at one time appeared to promise advantages to the Colony. But, looking at the remarkable disregard which Mr. Delius has shewn our repeated communications to him, and the discrepancy between his original representations and the Emigration as it is now placed before us, we should despair of carrying those negotiations to any satisfactory result. When we are apprised by Lord Grey's decision on these points, we shall without delay convey it to Mr. Westgarth and Mr. Delius; and we would suggest that the facts stated in this Report should be communicated to the Colony, together with a copy of the List of Emigrants submitted by Mr. Delius in order to furnish any answer to any complaints which may arise on the subject. We have, &c, T. W. C. MURDOCH. FREDERICK ROGERS. [Sub-enclosure No. 1.] MR. W. WESTGARTH TO MR. S. WALCOTT. Sir, Porto Bello, Edinburgh, 17th October, 1848. I have just been favored by Mr. Delius of Bremen with a copy of a letter he has received from you, dated 4th Inst., on the subject of the German Emigration Misunderstand­ to Port Phillip. The surprise, you have expressed at the contents of the letter I ing re immi­ had the honor of addressing to you on the 30th ulto., seems to have been communi­ grants from cated in no less a degree to Mr. Delius by the perusal of your letter to him just Germany. alluded to. With respect to this mutual riddle, I perceive there is, in thefirst place, a mis­ apprehension in regard to the letter Mr. Delius had addresesd to vou on 18th February, which you remark contained quite a different plan from that which I had proposed. In explanation of this letter, I addressed you on the 17th March that Mr. Delius had enclosed it to my address with a request that I would look over it, and, if approved of as a plan generally for the German Emigration, send it forward to its destination ; and that, in my absence from Town at the time, the letter had been forwarded to you by another party and without any explanatory remark. As the arrangement I had proposed with your Honble. Board was at that stage Negotiations little more than verbal, and therefore liable to misconstruction after a lapse of re immigrants. time, and as there appeared some informality in obtaining from H.M. Comrs. the guidance of a distinct statement of the terms on which the Bounty would be given, until some basis of operations had been submitted to them, I deemed it advisable in the above letter of 17 March to address you, as in the following Extract. that Mr. Delius and myself might be directed by the terms of the reply. " It may perhaps be most satisfactory that I submit to you an outline of what I have led Mr. Delius to expect in regard to this contemplated German Emigration to Port Phillip, as gathered from the answer of Mr. Hawes to mv letter to Earl Grey, and from the interview with one of the Members of your Hon. Board, Mr. Rogers. " That this was an exceptional case, encouraged for the sake of giving a com­ mencement to German Emigration to New South Wales. "That £1,000 would be paid at Port Phillip on the landing there of about 400 Moravian Germans, being a Community consisting almost solely of laboring families and individuals, and chiefly of Agriculturists, including Vine dressers. GREY TO FITZ ROY. 709

" That the Emigrants must be properly treated during the voyage, otherwise pay- 1848. ment of the Bounty may be delayed, or a part of it withheld ; any considerable 29 Nov. number of deaths might occasion some proportional deduction from the Bounty ; But that the whole case would be considered favorably, and every facility afforded, if no Negotiations blame was attributable to the Ship or her Captain. re immigrants. In my letter to Lord Grey, I mentioned that " the usual Colonial Regulations could not be conformed to in this instance," etc., etc. To this letter, I was favored by you with the following answer, dated 24th March:— " I am directed by the Colonial Land and Emigration Commissioners to acknow­ ledge receipt of your letter of the 17th Inst. ; and, in reply, I am to state that its contents so completely explain Mr. Delius's apparent misconception of the terms, on which it was proposed to carry out the Moravian Emigration to Port Phillip, that the Commissioners think it unnecessary to trouble you any further on the subject until they hear again from Mr. Delius." Nothing could be more satisfactory ; Mr. Delius's letter of 18th February was thus set aside, and, on my transmitting him copies of this correspondence, he at once agreed that explanations should rest at this point. He informs me that he had addressed you to that effect, stating that he would consider the plan in all respects as it was thus understood between your Hon. Board and myself. Next with regard to the List of the Emigrants. When Mr. Delius was first Delays in # engaged in the preparation of this document, under the hope of dispatching the party obtaining immi- about lst May, the political disturbance broke out in Germany, and a number of grants from the young men of the intending Emigrants were enrolled in the Militia. From this Germany. cause, and the depressed state of commerce which hindered the realization of the little effects of the party, so many delays and alterations occurred, that it was found impossible to make any accurate list, until the expedition should be actually ready for departure. Of this Mr. Delius advised you, adding also that, from the same causes, he should not now perhaps be able to send out the whole party at once, but in two or three separate bodies. After repeated delays, a first detachment of the party reached Hamburg on 26th Ulto., and the remainder, numbering altogether 217 persons, arrived about a week afterwards. But a new difficulty here occurred by the breaking out of the Cholera, and with unwonted severity, among the Emigrants, who had suffered some exposure and change of diet in their progress from the interior. It was desirable, therefore, that they should immediately quit Hamburg, where the malady was raging; and the first ship, the " Godeffroy," being all in readiness, received the first detachment, together with 70 or 80 Emigrants, who were offering at the time for South Aus­ tralia, making together 184 passengers. The second Ship, the " Wappau?," was just completing her finishings and about to receive the second detachment, when I left Hamburg on the 9th Instant. I left Mr. Delius busy with his Lists. From the almost constant occupation of his time, and the " Godeffroy " having dropped about 20 miles down the Elbe, he had not completed them at the period of my departure. The experience and methodical arrangements of your Hon. Board may have rendered such documents of very easy preparation; but, from personal inspection, I can assure you that the rude and confused fragments, which " the leader " of an Emigrating party of German Peasantry may dignify with the name of a List, is not a subject to be mastered without a considerable share of leisure as well as patience. I, therefore, agreed with Mr. Delius that the List for both Ships should, as soon as possible afterwards, be transmitted together, and I have since been daily looking for them. But possibly he may now delay all further proceeding that has reference to the Bounty, until I have'sent him some explanation of the letter he has so unexpectedly received from your Hon. Board ; in which case a Return of Post from Hamburg or Bremen must yet elapse. We are quite aware that no Bounty will be paid until the lists have been first Bounties inspected and approved of by your Hon. Board, and afterwards compared and approved dependent on of in the Colony. No unnecessary delay will, therefore, occur in this respect. I approval of have impressed on Mr. Delius the importance of the minutest correctness. Lists immigrants. partially correct might have been very easily made up. As it is, I can scarcely now expect that the Bounty can be paid at the time of arrival of thefirst, or perhaps of either vessel. . . In the last place, as to the statements made to the Emigrants in regard to the Bounty These are in substance simply the extract, I have made above from my letter to you of 17th March last. But it was deemed advisable to give no distinct pledges as regarded individuals, in case of any being objected to on arrival by the Colonial Government as not of the class entitled to Bounty. unreserveMoraviathtceptiooe I sainBount thln nefoshoul d fe yrpart statemenwHamburgwa dhastilv sarishav toyee t ,b writte hereecontracteo Ifpai state,th dnan elineeither ddtermd thaasthrougs I st I taddresse othoapprehen fthemselvehe thiEmigrantthsed dagencemigrationt os n yoosory u objectio werothofn e, Mr thShipownersgiveI.en Deliusma30tinn hy t anoulto.remar, y .understan wit quarte,Les hkwhe tth tharnmiscone d t tabouhous othath an­te 710 HISTORICAL RECORDS OF AUSTRALIA.

of Messrs. Godeffroy and Son, extensive Ship-owners in Hamburg, for eomeyance to 'Port Phillip at the rate of £12 per adult, including provisions, o/Sth of the passage money being payable in advance, the remainder by a joint Bond within a. Agreements reasonable period after arrival in the Colony, and bearii g 5 per cert, interest until with immi­ paid. Mr. Delius receives a commission of 5 per cent, on the whole amount of passage grants from money. Having a mercantile establishment at Port Phillip, 1 have offered for my Germany. own part to superintend, free of any charge, the punctual remittance of the credited portion of the passage money, and the realisation of the Bounty ; and I have already addressed His Honor the Superintendent at Port Phillip, and various other Colonists possessed of influence or information likely to he ot use on the arrival of the Germans in procuring them employment, or settling them upon pieces Defence of of Land. transactions I feel constrained, though with all becoming respect, to advert to the concluding of E. Delius. part of your letter of the 4th Inst., which has especially surprised both Mr, Delius and myself. Emanating from so respectable a quarter, the terms there used must have assumed the nature of a very grave injury, were they not so wholly inapplicable to the position which has always been held by my esteemed friend Mr. Delius, who, excepting in the temporary arrangement respecting this small Bounty, has not been connected with or responsible to any Government either in this or in any other Country ; nor, as far as I am aware, has he either in fact or in intention any pro­ position, which may be calculated to bring the Australian Emigration he is now independently engaged in under the control of the Right Hon. Secretary for Her Majesty's Colonies. This emigration is a matter of private enterprise and arrange­ ment among the Germans themselves, involving very large amounts of passage money paid without any cost whatever to the Australian Colonies. The Bounty in question averaging only about a fifth part of the passage money paid by each adult Emigrant, and extending over probably but a small proportion of the future passengers from Germany to Port Phillip, has always been considered by my friends of the former locality less as a pecuniary aid than an efficient practical instance of the Good will of H.M.'s Government and of the Australian Colonists generally towards the German Emigration; and it was not understood that this donation, intended to encourage a commencement with the untried field of the Port Phillip District, was to occasion any restriction whatever upon the usual and apparently excellent routine that has now been established. Referring to the extract previously Appreciation given from my letter of 17th March, the Colonial Government may doubtless object ol services of to the payment of the Bounty upon contingencies therein stated; but this we are E. Delius. perfectly aware of, and keep in view accordingly. Mr. Delius is now engaged in a very extensive and increasing Emigration to Australia. Important as his operations are likely to become to that vast territory, it must afford equal satisfaction to Your Hon. Board, as it does to myself, to he informed of the favorable testimonies Successful com­ he has received in connection with his Emigration efforts, in one instance, by a mencement special communication from the South Australian Government, and on a more of German recent occasion by a document, originating in London, without the knowledge either immigration. of Mr. Delius or myself, and signed by a large number of persons connected with Australia, appointing Mr. Delius, as far as the moral authority of such a document can do so, to the German Emigration Agency for all the Australian Colonies.* The difficulties attending a commencement of German Emigration with the Port Phillip District are now happily over. A further party of Moravians, besides other German peasantry, numbering from thefirst perhaps 700 or 800 souls, will proceed to Port Phillip from Hamburg and Bremen either during the present year prior to the closing of the navigation, or in the beginning of Spring after the Ice has broken up. In contributing my assistance to the successful accomplishment of this object, which has not been done without some degree of trouble and expense, no small portion of MRmy. satisfactioS. WALCOTn haTs beeTOn MRderive. W.d froWESTGARTHm a reflectio.n on the prompt and liberal manner in which my first application on the subject was responded to by SiH.M.' s Govt.; and I Colonianeed scarcell Landy anaddd Emigratiothat I feen lOffice assure, 23rd dtha Octobert no accidenta, 1818, l Letter misapprehension1 am directes thad tb y mathey Coloniaarise l noLanw d wilanld havEmigratioe the n effecCommissionert of restrainins to acknowg that­ acknowledged. liberalityledge you,r whic letteh rha osf doubtlesthe 17s instalready. relativ, so fare t,o operate the proposed as and efficienGermatn coadjutoEmigratior in thtoe succesNew Souts ofh thi Waless Emigration. . I have, &c, Thev think you will perceive, on reference to my letter of theW 4t. hWESTGABTH inst., that. it was not intended by them to cast any reflection whatever upon Mr. Delius, either |fo rSub-enclosure his former mis-conceptio No. 2.]n of the terms on which it was proposed to conduct this emigration, or for the delays which have occurred in setting it on foot. They liave always considered that the former was fully explained by your letter of * Marginal note-—At present, I believe, in the hands of Mr. Browning on Dr. Lang. GREY TO FITZ ROY. 711

17th March, and the latter by the recent disturbances in Germany. Nor have they 1848. •ever wished to hasten Sir. Delius' proceedings or to interfere with his conduct of 29 Nov. the Emigration. The single point, to which the observations in my letters were directed, was Non-fulfilment this: that, while the Commissioners had repeatedly cautioned Mr. Delius against sup- of conditions by posing that they had entered into or could enter into any definite engagement without E. Delius. receiving a specific statement of the persons on whom bounties were to be claimed, they learnt, from your letter of the 28th ulto., that he was about to send to the Colony upwards of 200 persons, whose names and qualifications were totally unknown to the Commissioners, and that he had informed these people, certainly without any .authority from the Commissioners, that they or the Shipowner that took them out would receive from the Government a bounty of £2 10s. a head on their arrival at Melbourne. It must be obvious to you not only that the Government has entered into no engagement to this effect, but that Mr. Delius has not yet taken what was described to him as the first step towards the conclusion of any such arrangement. Of course, therefore, the Colonial Authorities have not been instructed, and will not be at liberty to make the payment which the Emigrants on their arrival they have been led to expect. Such Emigrants will, therefore, naturally imagine either that the British Government has broken faith with them, or that Mr. Delius had -deceived them. Both parties concerned in the emigration will receive material discredit. What Effect of action steps should be taken to obviate these evil consequences is a question which the Com- of E. Delius. missioners have brought under Lord Grey's consideration. But I am to point out that the mischief will in no degree be diminished by the circumstances, on which in your letter you appear to lay some stress, vizt., that Mr. Delius is engaged in an •extensive emigration involving a large outlay of money in proportion to which the Govt. Bounty is but trifling. The Commissioners, therefore, learn with regret from your present letter that Regret at 184 Emigrants have been actually dispatched by the ship " Godeffroy," and it would arrangements appear a second detachment by the ship " Wappaus," with the expectation of a re immigrants. Government bounty ; and they regret this the more because your letter, full as it is on many other Doints, contains no explanation of the circumstances which led Mr. Delius to neglect so entirely the communications made to him by this Board. If any such explanation exists, the Commissioners will have much pleasure in laying it before Lord Grey with the Lists of the Emigrants on whom bounty is desired, which Lists, in case Mr. Delius should continue to entertain the idea of •obtaining Government aid, should be forwarded without delay. The Commissioners are as anxious as yourself that no accidental misapprehension Desire to assist should interfere with the progress of an Emigration, from which they have always immigration. expected very advantageous results to the Colony, and which they are still very desirous to promote; but you must yourself see that it is quite impossible that business can he carried on in a satisfactory way, or with a proper spirit of confi­ dence, unless proper attention is paid by one party to the communications made by the other. I am to add, with reference to the last paragraph but two of your letter, that, when I was directed to point out to Mr. Delius the prudence of not contracting fresh engagements in Germany, the Commissioners of course referred to such operations as were dependent on the expectation of Government Bounty. And, in order to prevent any further misapprehension, I am to point out (what doubtless will not have escaped you) that the nature of the Commissioners' offer (if it can be called so) to Mr. Delius must be judged of by the letters written to that gentleman by their direction, and not from a letter addressed by you to him, and on the precise terms of which, though subsequently communicated to the Board, it had become •unnecessary for them to offer any opinion. j have &c S. WALCOTT, Secretary. [Sub-enclosure No. 3.] MR. W. WESTGARTH TO MR. S. WALCOTT. gir Porto Bello, N.B., 26th October, 1848. I have the honor to acknowledge your communication of 23d Inst. 1 cannot perceive any material difference now between the views of H.M.'s Com­ missioners and the expectations of Mr. Delius except with regard to the tardy arrival of a List of the Emigrants. That document, which I have just received from Mr. Delius, is now enclosed. Should H.M. Govt, require any other explanation of this delay, or of any other apparent inattention of Mr. Delius, further than I have afforded in my letter of 17th Inst., I must refer the Comrs. to that gentleman himself, merely remarking that he could have no advantage, but evidently the Delay in sub- reverse, in this delay, and that it did not therefore arise from any avoidable mining list. negligence. Perhaps, when an accurate List could not be forwarded, you might have expected some general description of the intending Emigrants. But this was furnished to some slight extent atfirst, an d I believe the party has been so broken 712 HISTORICAL RECORDS OF AUSTRALIA. up since1848 that. little more precise could have been added. The body of Moravians- 29 Nov. that originally contemplated the Emigration has been much reduced, and was made up by additions from various and remote localities. List submitted. In the present List, comprising 354 persons, I reckon 134 Adult Males, of whom 59 appear to be Agriculturists, consisting of Gardeners, Vintagers, etc., with some Shepherds, and 75 Mechanics and other Labourers. I have not altered or delayed the List on account of any informality in the heading; several, who are set down as Clerks, would appear not to belong to the laboring class. Although the Emigration to Port Phillip has now been commenced, and will I believe go on prosperously henceforward, Mr. Delius and myself are not the less anxious to fulfil such expectations as may have been held out to those who have thus pioneered the way. We shall, therefore, be glad to learn that, if the Emigrants in question are deemed suitable by H.M. Government, arrangements may yet be made for including them in the Bounty. j haV6) ^ W. WESTGABTH. Return of [-1 detailed list oj one hundred and eighty-four male and one hundred andc.- ^six immigrants female emigrants with two hundred s'Sandi thirty-four children was attached,OJ.r. and the Occupations. Occupations. a. s from Germany, following summary of occupations:a,—] — -! •Il *r °

Agriculturists 13 39 Painters 4 Apprentices .. 4 •J Pastry Cook i 1 1 Potter 4 Botanists 1 1 Bookbinder .. 2 6 Prussian Soldiers 3 Brassfounders 1 •> Ropemaker 2 Butcher 1 6 Saddlers 21 14 42 Cabinet Maker Servants 19 2 10 Shepherds Carpenters 3 3 9 Cartbuiiders .. Shoemakers 1 4 23 Clerks 4 4 Smiths Combmaker .. 2 4 Soapboilers 3 Cooks 8 20 Tailors 10 Dyers 2 6 Tinman 1 1 1 Gardiners Tilemaker 5 Turner Goldsmiths 22 2« 1 Vintagers Horse Doctor 1 3 2 Iron Founder 5 10 Washerwomen Laborers 4 6 Woolmaker 11 3 3 Occupations not stated . Locksmiths .. O 2 Masons 1 1 Persons qualified for sub 347 Mechanics ordinate situations .. Midwives Millers [Enclosure No. 2.] Milliner LAND AND EMIGRATION COMMISSIONERS TO UNDER SECRETARY MERIVALE. Colonial Land and Emign. Office, Sir, 13th November, 1848. With reference to our Report of Sth Instant, regarding the- German Emigrants despatched from Hamburgh by Mr. Delius by Further list the Ships " Godeffroy " and " Wappaus," we have the honor to for­ of immigrants ward the copy of a further letter which we have received from transmitted. that Gentleman, together with a more authentic list of the Emi­ grants despatched by those Ships and the Ship " Dockenlinden." The additional List contains the names of very few Agriculturists and no Vintagers. We do not see that Mr. Delius' letter furnishes tiny grounds for modifying the recommendations which we have GREY TO FITZ ROY. 713 already submitted to Lord Grey on this subject, and which we think i^g. would properly be applied to the Emigrants conveyed by the 29 Nov. " Dockenlinden " ; and we would only suggest that the List now received should be transmitted to the Colony instead of that enclosed in our previous letter. We need hardly add that we could not recommend that any Objections to part of the purchase money received for Land from German Emi- payments to grants should be paid to Mr. Delius for the conveyance to the E' Delius- Colony of their relations. As it will be necessary for us to reply to Mr. Delius' letter, we would venture to request that we may be informed of Lord Grey's decision in this matter. We have> &c^ T. W. C. MTJRDOCK. FREDK. ROGERS. [Sub-enclosure. J MR. E. DELIUS TO MR. S. WALCOTT. Sir, Bremen, 3d November, 1848. In reply to your favor of the 4th Ultimo, I wait on you with the List of Statement re Emigrants despatched during last month to Port Phillip, in accordance with the German immi- guidance of Mr. Westgarth to whom 1 must refer you, in answer to your remarks gration to inasmuch as I have not been able to aet in a manner different from what I have Australia. done, and which is, I believe, in the spirit of your instructions. Since the month of February, I have been engaged with this Emigration, and am satisfied that it will give satisfaction to the Colonial Authorities, who will receive by each peculiar Ship the exact List of the number of persons contained cn board of the same through Messrs. Westgarth, Ross ai.d Co. at Melbourne. I have been four times in Silesia arj Saxnpy, in order to complete the List, but found it impossible owing to the yolitiea1. state of the Country, as Mr. Westgarth will explain to you ; and I trust that your Board will not on that account consider the Bounty prejudiced, which I have been led to expect on the strength of your communications. I may here remark that, since tbe beginning of my Agency 1843, upwards of 4,000 indi­ viduals have gone from this Country to South Australia. By their purchases of land, they h«,e contributed to the Emigration Fund, and, as they are H.B.M.'s sub­ jects, it would not only be fa.'r but also in the interest of the Colony that some part of the Fund be applied to facilitate the passage of their friends and relatives who are desirous to follow :hem to the Colony. If H.B.M. Commrs. will allow me to send a List of them, I -•.ill do so with pleasure ; and, if an allowance can be made in their favor, I wouid be content to receive the same as part passage money on their landing in the Colony. At all events, Iflatter myself that the Bounty now in question will be considered by Your Board as an encouragement for my exertions for the Colony, and as such 1 consider it, though it will be paid as part of their passage. Mr. Westgarth and the South Australian Company will bear testimony of the unrelenting exertions I am making to direct the tide of German Emigration to Australia, and you will judge of the expediency of procuring me a special authorization of H.B.M. Government and Instruction to act under your controul. I have an immense correspondence with all parts of Germany, but not made a sustenance of my EARAgencyL (TRE, whicY hT Oengage SIR sCHARLE my wholS eFIT: time;, HOYand. put s me under a great dea(Despatcl of fatiguhe Noan.d 210travelling, per. shiI pa Cardewm in the; habi acknowledget of publishindg bperiodicay l Reports on the state of the Australian Colonies, of which I add the last number, and shall be happy to continuSir Charlee my Reports Fitsz tRoyo you,r 24t Boarh dMay if desired, 1849.. ) Sir, Downing Street, 29 NovemberRemaining, ke.,, 1848 . I referred to the Colonial Agent General aEDWAK copPy DELIUSof you. r Despatch Dispatch and of its enclosure, No. 113 of the 13th May last acknowledged. reporting that various sums, amounting altogether to £5,928 714 HISTORICAL RECORDS OF AUSTRALIA.

1848. 3s. 2d., which had been remitted from the Colonial Treasury at 29 Nov. different periods, had not up to the 30th of September, 1847, been Letter carried in his accounts to the Credit of the Colony; and I now transmitted. transmit, for your information, the copy of Mr. Barnard's reply, containing the explanation which he was desired to give on this subject. I have, &c, GREY. [Enclosure.] MR. E. BARNARD TO UNDER SECRETARY MERIVALE. Sir, •"> Cannon Row, 24th November, 1848. Report by I have the honor to acknowledge the receipt of your letter of E. Barnard re the 20th Instant, transmitting Copy of a Dispatch from the Gov­ remittances ernor of New South Wales relative to various sums amounting from colony. to £.">.!>2s 3s. 2d. remitted to me for the Service of the Colony, but which had not been credited in my Accounts up to the 30th Sep­ tember, 1847, and requesting a report from me on the subject for the information of Earl Grey. With respect to the first Item of £209 8s. ld. for Printing Type, I have the honour to request that you will inform His Lordship that I cannot trace any advice having been received by me from the Colonial Government, of this sum having been paid into the Commissariat Chest, which is the reason I have not, up to the pre­ sent moment, applied to the Treasury for the amount. I will, however, immediately make the necessary application to that Department on the subject. The whole of the other sums specified by the Auditor General were all received by me between the 28th Octr., 1847, and 31st May, 1S4S, and will be found duly credited in my Accounts with the Colony, which have been regularly forwarded shortly after the termination of every quarter. j jjave &„ EDWARD BARNARD. SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 255, per ship Sir Edward Paget.) My Lord, Government House, 29th November, 1848. 1. I have had the honor to receive your Lordship's Des­ patch, No. 92 of 14th June, 1848, covering an application from Mr. St. John Purcell for information relative to Mr. John Purcell, who is stated to have become a Settler in this Colony. Report re 2. In reply, I have the honor to report to Your Lordship that, J. Purcell having caused enquiry to be made, I have ascertained that Mr. John Purcell, formerly Lieutenant in Her Majesty's 73d Regi­ ment, held the situation of Chief Constable at Penrith for many years; that he is now living in the neighbourhood of that Town, and is well known to any of the old Colonists. I have, &c, CHS. A. FTTZ ROY. GREY TO FITZ ROY. 715

EARL GREY TO SIR CHARLES FITZ ROY. iS4s. 30 Nov. (Despatch No. 211, per ship Cardew.) Sir, Downing Street, 30 November, 1848. With reference to previous Correspondence on the same subject, I transmit to you herewith, for your information and guidance the enclosed Copy of a Letter from the Assistant Secre­ tary to the Board of Treasury, intimating that, adverting to the advantages which may be anticipated from the acceleration of the communication with the Australian Colonies by the Estab­ lishment of Steam Conveyance, and looking to the aid which may be expected from the Colonies towards the expense of the undertaking, the Lords Commissioners are of opinion that they Tender to be will be justified in accepting a tender made by the India and conveyance^ Australian Steam Packet Company for the conveyance of the ^^.^T mails between Singapore and Sydney in three Vessels of Two Singapore. hundred Horse power for Twenty six thousand Pounds per an­ num, for a'period of not less than Six years/and that they have intimated to the Board of Admiralty their approval of such contract being concluded, provided that Board are satisfied of the ability of the Company to perform the service. You will further perceive that it has been intimated to the Payment Board of Admiralty that, as the Colony of New South Wales has ofsubsidy ; already agreed to a grant of Six Thousand Pounds per Annum for three years in aid of that Service, it will not be necessary to make provision in the Navy Estimates for more than Twenty Thousand Pounds on account of the Contract. You will, there­ fore, take the necessary measures for the payment from time to time into the Commissariat Chest of such Sums as will accrue from the Grant in question, in order that they may be applied towards the expense of the Contract. I have further to acquaint you that a proposal for estab- Proposed steam lishing Steam Communication with Australia via the Cape is ^the'cape.0" still under the consideration of Her Majesty's Government. I have, &c, GREY. ! Enclosure.] SIR CHARLES TREVELYAN TO UNDER SECRETARY MERIVALE.

gjri Treasury Chambers, 17th November, 1848. ' With reference to previous correspondence on the subject of the Conveyance of the Mails between Singapore and Sydney, I have it in command to request that you will state to Earl Grey Advantages of that the Lords Commissioners of Her Majesty's Treasury advert-^amc^mmuni- ing to the great and rapidlv increasing importance of the Aus- Australia. tralian Colonies and to the advantage botb in a Commercial and Social point of view of facilitating the communication between 716 HISTORICAL RECORDS OF AUSTRALIA. 1848. them and the Mother Country, are of opinion that the question of 30 Nov. the conveyance of the Mails should not be determined solely with reference to the return, which may at present be derived from the Postage; but that the ulterior advantages, which may accrue from the acceleration of the communication, should be taken into consideration, and, adverting also to the aid which may be expected from the Colonies towards the expense of the undertaking, they Tender to be are of opinion that they will be justified in accepting a Tender accepted. made by the India and Australia Steam Packet Company for the conveyance of the Mails between Singapore and Sydney in three Vessels of Two hundred horse power for Twenty six thousand pounds per annum for a period of not less than Seven years; And My Lords have caused their approval of such Contract being" entered into, to be signified to the Board of Admiralty, provided they are satisfied of the ability of the Company to perform the service. Provision for My Lords have also directed the Board of Admiralty to be in­ paymento f formed that, as the Colony of New South Wales has already agreed 8U sl y' to a Grant of Six thousand pounds for Hires years in aid of this service, it will be unnecessary to make provision in tho Navy Estimates for more than Tv.enty thousand pounds on account of the Contract. And, with reference to your Letter of the 24th July stating that the Legislative Council of New South Wales had decided upon such Grant, I am to request that you will move Lord Grey to cause instructions to be conveyed to the Governor of that Colony for the payment into the Commissariat Chest of such sums- as will accrue from the Grant in question in order that my Lords may apply the same towards the expense of the Contract. I am also to request that you will observe to Lord Grey that the question of obtaining contributions towards this expense from other Colonies, which may derive benefit from the arrangements as well as of the extension of the Grant from New South Wales to the latter period of the Contract will be a subject for future consideration. SIR CHARLES FITZ ROY TO EARIL amGREY, &c., (Despatch No. 256, per ship Sir Edward Paget;C. acknowledgeE. TREVELYANd .by - earl Grey, 6th August, 1849.) My Lord, Government House, 30th November, 1848. Proposed 1. Having deemed it my duty to bring under the con- order-ir^councii sideration of my Executive Council a suggestion offered by the r£,,rk£ovei. Attorney General that application should be made to Your Lord- fer of leases. ship lor such an amendment ot Her Majestys Order in Council of the 9th March, 1847, as will remove all doubts as to the legality of transfers of Leases granted thereunder, I have now the honor to transmit a copy of the proceedings of the Council on this subject. 2. Your Lordship will perceive that the Attorney General entertains doubts whether, under certain expressions and condi­ tions in the Order in Council as it at present stands, the original FITZ ROY TO GREY. 717 Lessee would have legal power to transfer his Lease to any other 1848. person; in which case his property therein could not be alienated ' by him during his life time, and at his death would absolutely Pr°P°sed . amendment to terminate. order-in-council 3. I fully concur in the opening expressed by the Council that doubts re trans- considerable inconvenience and hardship would arise, were such feF ot leases- a construction to be put upon the Order in Council; and I, therefore, beg to recommend the amendment proposed to your Lordship's favorable consideration. j uave &c CHS. A. FITZ ROY. [Enclosure.] PROCEEDINGS of the Executive Council on the 31st October, 1848, Minute of relative to a proposed Amendment in Her Majesty's Order ciiretransfe" " in Council of the 9th March, 1847, to remove doubts as to the of leases- power of Lessees thereunder to dispose of their interest in their Leases. (Minute No. 48/41.) EXTRACT from Minute No. 48/41, 31st October, 1848. Members present:—His Excellency The Governor ; The Honorable The Commander of the Forces; The Honorable The Colonial Secre­ tary ; The Honorable The Attorney General; The Honorable The •Colonial Treasurer. His Excellency the Governor brings under the consideration of the Council a suggestion of the Attorney General that application should be made to the Secretary of State for such an Amendment of Her Majesty's Order in Council of the 9th March, 1847, as will remove all doubts as to the legality of transfers of leases granted thereunder. The Attorney General represents that there are cer­ tain expressions and conditions in the Order, from which it might be decided in law that the Leases are personal to the original Lessee and consequently not transferable by him, in which case his property therein could not be alienated by him during his life­ time, and at his death it would absolutely terminate. Considering the inconvenience and the hardships which would arise, were such a construction put upon the terms of the Order in Council as has been suggested by the Attorney General, the Council advise that the amendment proposed by him should be recom­ mended by His Excellency to the Right Honorable the Secretary of State. It has been hitherto customary to require the sanction of the Government for every transfer for a pasturage License with a view to the exclusion of persons of improper character from the occupancy of Crown Lands beyond all Boundaries. The Council, however, consider such a restriction to be unnecessary with refer­ ence to transfers of leases, seeing that it has been removed by the Order in Council as respects applicants for New Runs, the Gov­ ernor being bound in every case to accept the highest bidder as a •Crown tenant. FRANCIS L.Cler S. MEREWETHERk of the Council. . 718 II1ST0K1CAL RIXORUS Of AUSTRALIA.

1848. SIR CHARLES FITZ ROY TO EARL GREY. I Dec. (Despatch No. 257. per ship Sir Edward Paget; acknowledged by earl Grey, 12th May, 1849.) My Lord, Government House, lst December, 1848. Despatch With reference to your Lordship's Despatch, No. 35 of the acknowledged. 28th February last, covering the copy of a report from the Colo­ nial Land and Emigration Commissioners on the subject of the contemplated transmission to this Colony of certain classes of Orphans of both sexes in Ireland between the ages of 14 and 18, and directing me to take immediate measures for the reception of these Emigrants; I have now the honor to report that I lost Committees no time in forming a Committee in Sydney and desiring Mr- formed to La Trobe to form one in Melbourne, composed as nearly as pos­ control orphan immigrants. sible upon the principle and for the purpose suggested by the Commissioners. 2. The gentlemen, whom I have appointed for the Sydney Committee (the Lord Bishop of Sydney having declined to act as a Member for reasons which I shall have the honor of ex­ plaining in a Separate communication) are, Committee George Allen, Esq.; The Revd. Robert Allwood; Hutchinson at Sydney ; H. Browne, Esq., Water Police Magistrate; Alfred Cheeke, Esq., Commr. of the Court of Requests; William Harvie Christie, Esq.; The Very Revd. Henry Gregory Gregory, D.D.; George P. F. Gregory, Esq., Prothono- tary and Registrar of Supreme Court; Joseph L. Innes, Esq., Acting Superint. of Police; The Very Revd. John McGarvie, D.D.; Francis L. S. Merewether, Esq., Immi­ gration Agent; Charles Nicholson, Esq.; Arthur Savage, Esq., Health Officer. 3. Those appointed by Mr. La Trobe for Melbourne are:— and at Melbourne. The Right Revd. The Lord Bishop of Melbourne; The Right Revd. Dr. Goold; Edward Curr, Esq.; The Very Revd. P. B. Geoghegan, Vicar General; The Revd. Irvine Hetherington; Wm. Lonsdale, Esq., Sub-Treasurer; John Patterson, Esq., Acting Immigration Agent; Robt, W. Pohlman, Esq., Chief Commr. of Insolvent Estates; James Hunter Ross, Esq.; Andrew Russell, Esq.; James Simpson. Esq.; The Revd. A. C. Thomson. Appropriation 4. 1 have further, with a view to the comfort and protection of of Hyde park barracks for the Orphans on theirfirst arriva l in Sydney, appropriated and immigrants. fitted up the greater proportion of the Hyde Park Barracks,* now no longer required for Convict purposes for their reception. 5. These buildings, with the few alterations which I have caused to be made in their arrangement, will now afford ample and most comfortable accommodation for any number of

* Note 48. FITZ ROY TO GREY. 71!)

Emigrants of this description that will probably be sent out. The 1848. male and female Orphans will be kept entirely separate from each other, and all intercourse with persons from without, except- ^'jXp^rk' ing under the sanction of the Government or of the Committee, barracks for ... , • -r i immigrants. will be avoided. 6. There will also be distinct and separate accommodation in this building for unprotected female Emigrants, and for the wives and children of Convicts who may be sent out to their husbands or parents. 7. The expense of the alterations required, amounting to £791 3s. Id., has been defrayed from the funds applicable to Emi­ gration purposes. 8. I have further to state, adverting to that portion of the Reports^ Commissioners' Report which relates to the increased number of demand for Emigrant ships proposed to be despatched to this Colony in the immigrants. course of the present year, that I deemed it my duty, in ordex to furnish your Lordship with the best information on the subject, to request the Superintendent of Pert Phillip and the Immigration Agent to report to me, whether in their opinion thj wants of the Colony will be likely to absorb the extensive immi­ gration contemplated by Your Lordship and the Commissioners, in addition to that now in progress; and I have now the honor to transmit copies of the replies furnished by these experienced and intelligent Officers. 9. Mr. La Trobe, as your Lordship will observe, reports that, r°^^tyof from the rapidity with which the Immigrants recently landed district of in the Port Phillip District have been absorbed .without any Port phlllip; sensible or general diminution of the high price of wages either in town or country, he is led to believe that a far larger Emigra­ tion than that originally contemplated would be readily absorbed if judiciously selected and regularly introduced. 10. Mr. Merewether reports that he is satisfied that three ships and in district might be despatched to the Sydney District in each month, pro- ° vided the Emigrants sent out in them be of a useful description. He apprehends, however, that there might be local and partial gluts, if the rate of Immigration to Sydney were to be increased much beyond three ships a month; and, therefore, he recommends that the entire supply of labourers for Sydney, including Immi­ grants of the ordinary description, Apprentices, Exiles, and Ticket of Leave holders, should not be allowed to exceed three ship loads, or about 700 Statute Adults in each month. 11. My own experience leads me entirely to coincide in Mr. Merewether's opinion. It will of course be my duty to watch most attentively and anxiously the progress of the Immigration now going on, and to give Your Lordship timely warning, should 720 HISTORICAL RECORDS OF AUSTRALIA.

1848. I see reason to apprehend the possibility of its being over done. 1 Dec. The prosperity of this Colony and of the employers of labour in Prosperity it at present so much depends, and must for a considerable time dependent on wool market. to come depend, upon the state of the Wool market in England, that it will probably afford Your Lordship as fair a criterion as I could name, whereby an opinion might be formed of the prob­ able demand for labour in this Colony. If the Markets at home continue to afford steady profitable returns to the Wool grower, I believe that the full number of labourers named by Mr. Mere­ wether would find ready and remunerative employment; but if, on the other hand, the price of wool in the English market should become and remain depressed below what it was when the last accounts (the middle of August) left England, then I should be led to fear that an influx ol Emigrants into the Colony beyond the number now received monthly might lead to such a reduction of wages and scarcity of employment as would cause distress among the labouring 'Class. Gradual and 12. It appears to me that it is a gradual and continuous and continuous immigration not a sudden or too rapid flow of Immigration that will best suit recommended. the wants of the Colony and the interests of the employer and the labourer. j hav6) &e^ CHS. A. FITZ ROY. [Enclosure No. 1.] MR. C. J. LA TROBE TO COLONIAL SECRETARY THOMSON. Superintendent's Office, Sir, Melbourne. 14th September, 1848. Report re prob­ able absorption I beg leave to acknowledge the receipt of your letter to me of of immigrants the 18th August, No. 48/261, transmitting copy of a Despatch from in district of the Secretary of State for the Colonies, containing a proposal to Port Phillip. send out certain classes of Orphans of both Sexes in Ireland, be­ tween the ages of 14 and 18, and requesting on the part of His Excellency that I would report whether the wants of the Colony are likely to absorb the extensive emigration contemplated therein, in addition to the Immigration now in progress. In reply, I beg to give it as my belief, I trust on good grounds, that the contemplated emigration both in its extent and character will be greatly to the advantage of this District. The replies, which I have received as to the extent of the re­ quirements for labor in different parts of the interior, and the manner in which Ship-load after Ship-load of the Immigrants re­ cently landed have been absorbed without any sensible or general diminution of the high price of wages either in town or country, leads me to believe that a far larger Emigration than that originally contemplated would be readily absorbed if judiciously Selected and regularly introduced. As to the character of that now contemplated, and the terms upon which it would be introduced, nothing could, I conceive, be better suited to the State of the Colony. FITZ EOY TO GREY. 721

I cannot doubt but it would be in my power to secure the Ser- 1848. vices of a local committee, fully competent and disposed to assist i Dec. in carrying out the views of the Home Government, in accordance with the general system described by Her Majesty's Land and Emigration Commissioners. . -r , „ , O. J. LA TROBE. [Enclosure No. 2.J MR. F. L. S. MEREWETHER TO COLONIAL SECRETARY THOMSON. Sir, Immigration Office, Sydney, 31st August, 1S4S. I do myself the honor to return herewith Earl Grey's Des- Report re prob- patch of the 28th February. 1848. No. 35. which was transmitted able absorption to me by your letter of the ixth Instant, with a request that I would "anSdaT"1*13 report whether the wants of the Colony are likely to absorb the Sydney. extensive Emigration contemplated therein in addition to the Emigration now in progress. As I perceive that the Superintendent of Port Phillip has been called upon for a similar report in reference to that District, I will confine my remarks to this portion of the Colony. lt appears from the Commissioners' Report, enclosed in Earl Grey's Despatch, that they propose to send six Ships in each month to New South Wales. South Australia and the Cape of Good Hope. The number of .Ships therefore, which will probably fall to the Share of Sydney in each month, will be two. Being satisfied that the number of Ships for Sydney might with perfect Safety be increased to three in each month, I have no hesi­ tation in expressing my opinion that the augmented rate of Emi­ gration proposed will not exceed the demand for labourers through the wide extent of Country, which is supplied from this Port; and that, under the system of dispersion now adopted by means of centric-ally situated depots in different parts of the Country, the Immigrants will be speedily hired, provided they be of a useful description. I should, however, be apprehensive of local and par­ tial gluts if the rate of Emigration to Sydney were increased much beyond three Ships in the month. I. therefore, think it necessary to express my opinion to that effect in-answer to the reference now made to me, in order that, if the (Governor should see no reason to dissent from it. His Excellency may report to the Home Gov­ ernment that the entire supply of labourers for Sydney, including Immigrants of the ordinary description. Apprentices, Exiles and Ticket, of leave holders, should not for the present be allowed to exceed three Ship-loads, or about 700 Statute adults in each month. In making this report, it will of course be understood that I have reference only to the demand for labour in the present and ordinary pursuits of the Colony. The formation of railroads or the under­ taking of extensive Public Works would of course create an addi­ tional demand, for which an increased supply would be required. I may he allowed to call His Excellency's attention to the neces- proposed appro- sity of providing a suitable place for the accommodation of the priation of Orphans, whom it is proposed to send out, until Situations shall Hyde park have been provided for them. The only existing public building, immigrants! which appears to me to afford the two requisites of extensive accommodation and privacy, is Hyde Park Barracks. Having com­ municated on the subject with the Principal Superintendent of Con­ victs, I find that the portion of the Barracks now required for his businesSHIs. iTs. sVOLo smal. XXVI—l tha2 tZ nearly the whole of the main building 722 HISTORICAL RECORDS OF AUSTRALIA. and the whole of the out-buildings on the South side can be made 1848. 1 Dec. available for the purposes of an Establishment for the lodging of Orphans and unprotected females on their arrival, Should His Proposed appro­ priation of Excellency approve of their application to this object. Hyde park If. however, thev be thus used, it will not be desirable that barracks fOT Exiles or Ticket of leave holders, who may be sent here, should be immigrants. lodged in Hyde Park Barracks. This obstacle, however, may be casilv removed by the adoption of the same course in the case of the Exiles, as is now followed in respect to all Male Immigrants, and which I may perhaps be permitted to state would, in my opinion, Disposal of be very preferable in every respect to the placing of them in a male immi­ building on Shore in Sydney. The Immigrants are now victualled grants. by the Government for a limited time on board of the Ships in which they arrive, and arrangements are made for their being there hired under the superintendence of the Surgeon Superintendent and an Officer of the Department. Should any of them fail to obtain engagements within the time during which they are allowed to remain on board, they are forwarded, if they desire further as­ sistance from the Governments to a depot in the country, where they are sure to obtain employment immediately, and where, whilst waiting for it, they are not exposed to any such pernicious influ­ ence as that of the idlers in Sydney. As respects the Wives and Children of Convicts who may be sent out to their husbands and parents. I see no objection to their being lodged in the same building with the Orphans, though in a distinct part of it. and the business of superintending and victual­ ling them could be undertaken by this Department, should it be more convenientSIR. CHARLES FITZ ROI haveY TO, EAR&c.L GREY. (Despatch marked " Separate," peFRANCIr ship SSi Lr. EdwarS. MEREWETHERd Paget; . acknowledged by earl Grey, 28th May, 1849.) My Lord, Government House, lst December, 1848. In my Despatch, Nfo. 257 of this date, I stated that the Lord Bishop of Sydney had declined to act as a Member of the Committee for the protection and guardianship of the Irish Orphan Emigrants. Reasons for 2. Immediately on the receipt of your Lordship's Despatch, refusal of Nfo. 35 of the 28th February last, instructing me to make pre­ bishop of Sydney to act parations for the reception of these Emigrants and to appoint on orphan a Committee for their protection, I personally communicated to committee. the Lord Bishop the directions I had received with the view of ascertaining his Lordship's wishes on the subject. The result, I regret to say, was that the Right Reverend Prelate declined to become a member of the Committee, on the ground of the precedence which he conceived had been given under Your Lord­ ship's Circular Despatch of the 20th November, 1847, to the Most Revd. Dr. Polding as Roman Catholic Archbishop in this Colony, and the false position in which he deemed he should thereby be placed if he sat at the same Board. GREY TO FITZ ROY. 723

3. Under these circumstances, I considered that I should best 1848. meet your Lordship's wishes by abstaining from appointing Dr. *c" Polding to the Committee; and, as the Archdeacon of Cumber- Non-appoint- land (Dr. Cowper) expressed a wish not to be appointed on archbishop.' account of his advanced age and infirmity, I appointed the gentlemen whose names I reported in the Despatch to which I have referred. I have, &c, —: CHS. A. FITZ ROY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 258, per ship Sir Edward Paget.) My Lord, Government House, 2d December, 1848. 2 Dec. I have the honor to acknowledge the receipt of your Lord- Despatch ship's Despatch, Nfo. 65 of the llth August last, transmitting acknowledged. the Copy of a letter from the Revd. Robert Park, adverting to the omission of the Presbyterian Clergymen in the Notice issued by the Emigration Commissioners on the subject of the forma­ tion of local Committees for the protection and guardianship of Irish Orphan Emigrants. 2. And with reference to my Despatch, Nfo. 257 of the lst inst., Appointment of I beg to state that, previous to the receipt of your Lordship's clergy te"3" instructions, I had appointed the Revd. John McGarvie, Modera- orphan tor of the Presbyterian Synod, to be a Member of the Com­ mittee in 'Sydney, and I had desired the Superintendent of Port Phillip to select a member of that Church to form one of the Committee at Melbourne. I have, &<:•., CHS. A. FITZ ROY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 213, per ship Intindur.) Sir, Downing Street, 4th December, 1848. 4 Dec. With reference to my Despatch, Number 156 of the 8th Reference of September last, acquainting you with the reasons why, and despatch' the limitations under which, a moderate number of Convicts holding Tickets of Leave would be forwarded to New South Wales, until I should learn the view which would be taken of the subject in the Colony, and explaining to you, at the same time, that it became necessary for this purpose once more to name New South Wales by Order in Council as one of the places to which Convicts might be sent, since otherwise the Governor would not have the requisite powers of controlling the Ticket of Leave Men, I now have the honor to enclose to you an Order Order-in-council passed accordingly by Her Majesty in Council, in which New jjono^eo^ctE (South Wales is duly named as one of the places to which the to colony. Government may send persons sentenced to transportation. 724 HISTORICAL RECORDS OF AUSTRALIA.

1848. 2. I need scarcely say that, although the power must neces­ 4 Dee. sarily be conveyed by such an order in general terms, there is no intention to exercise it further than in conformity with my previous despatch, to which I have above referred. Convicts to be 3. I have the honor to inform you that 236 Convicts, who are sent in ship described by the Secretary of State for the Home Department Hashtrmy. to be of a better class, and who have 'been selected principally from Pentonville and Wakefield Prisons, where they have under­ gone Probationary confinement, will be sent to New South Wales at the same time as this Despatch by the Ship " Hashemy." 4. I have enclosed to you in my other communications of this day's date the usual assignment List, together with four separate descriptive Lists of these men; and, in conformity with the re­ commendation of the Secretary of State for the Home Depart­ Tickets of leave ment, I have to instruct you to issue to them Tickets of Leave, to be issued. unless any of them should be guilty of misconduct on the voyage, which may appear to you to render them unfit for that indulgence. Conditional 5. None of these Men are to be recommended for a Condi­ pardons subject tional Pardon, unless they may have repaid to the Government to payment of cost of the cost of their conveyance, which is to be assumed for this transport. purpose at the sum of Twenty Pounds; and you will take care that they are distinctly aware that this is a condition to be fulfilled, independently of any evidence required of their good conduct, before any of them can obtain a Conditional Pardon, although I need scarcely observe that any regulation of this kind is merely to be received as a part of Convict Discipline, and cannot be of any force after the expiration of the sentence. These repayments as you are aware will be available as an addition to the Emigration Fund of the Colony. I have, &c, GREY. [Enclosure.] [A copy of this order-in-council is not available.]

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 259. per ship Sir Edward Paget: acknowledged by earl Grey, 17th May, 1849.) My Lord, Government House, 4th December, 1S48. Memorial 1. I have the honor to transmit a Memorial addressed to transmitted Your Lordship by Mr. Cornelius Prout, Under Sheriff of this from C. Prout re salary. Colony, praying that Your Lordship will authorise the restora­ tion of the full amount of his original Salary, which was, as he states, reduced to one half in the year 1845, together with such future salary as his long services and responsible duties may be deemed by Your Lordship to entitle him to. FITZ ROY TO GREY. 725

2. The facts relating to Mr. Prout's case, to which reference 1848. is made in his Memorial, are, as briefly as I can explain them, ——' R e rt n as follows:— 1 P° ° claims of 3. It would appear, from an examination of the whole of the c. Prout as correspondence that has passed between the local Government, the 'Sheriff, and the Under Sheriff on the subject of the Under Sheriff's salary from so far back as the year 1844 to the present time, that in the year 1844 it was noticed by Sir George Gipps that the Fnder Sheriff received fees (which were in no way accounted for to the. Government) in addition to his Salary of £200 a year. These Fees in 1843 amounted to £297 12s. It also appeared that there was no authority for the receipt of the greater part of them; and that the Under Sheriff followed the pactiee of his predecessors in their collection; and the Judges, having met, agreed that he had a perfect right to receive re­ muneration for any work done, not the absolute duty of the Sheriff to do. The Sheriff reported this on 18th June, 1844, and stated that, on the above view of the case, all the fees, with two exceptions, were fairly the perquisite of the Under Sheriff. 4. My Predecessor directed (on 21st June, 1844) that a reduc­ tion should be made of £100 in the estimate of the Under Sheriff's salary for 1815, and added "this will bring the matter under discussion in the Legislative 'Council where the Sheriff will himself be present, and the subject of his Fees may then be considered; and if it be considered proper to have them paid into the public Treasury, I shall not object to an increase in his salary so as to make it not more than £300 or £350 at most per annum."' 5. In the Estimate laid before the Council in the Session of 1814, the Salary of the Under Sheriff was accordingly set down at £100 per annum; and it was proposed that the increase to the salary, which came under Schedule A of the Constitutional Act, 5 and 6 Vict., ch. 76, should be paid by a surplus voted by the House. The Council, however, declined to grant any sums of money for the Administration of Justice in addition to the sum fixed by Schedule A; consequently nothing, was done by them in respect to the Salary of the Under Sheriff. 6. The reduction of the Salary to £1(10 per annum was ordered to take effect from 30th June, 1845. 7. On the 12th August, 1845. the Sheriff submitted a Memorial from the Under Sheriff setting forth his length of service, and that from certain causes and Rules of Court his total income had been reduced to about £170 per annum. He solicited that his salary might be fixed at such fair and reasonable re­ muneration as his long services and responsible 'duties deserved 726 HISTORICAL RECORDS OF AUSTRALIA.

1848. Sir George Gipps decided that he saw nothing in the Memorial to iJ^i' alter the view he had taken of the case, and added that it was Report on necessary to reduce the expenses of the Administration of Justice C. Prout as to bring them within the amount of Schedule A; and there did under sheriff. no(. appear to nim i0 be any Department in which reductions could be made so well as in that of the Sheriff. He remarked that the Office of Under Sheriff was one not rec-ognised by law. This was communicated to the sheriff on the 16th August, 1845. 8. On the llth June, 1846, the Under Sheriff stated that, although the Sheriff had expressed bis willingness to support his application for an increase of Salary, yet in consequence of the former decision he declined to forward any further applica­ tion from him. The Under Sheriff thereupon addressed a Me­ morial direct to Sir George Gipps, stating his willingness to pay into the Treasury the Fees received by him, and soliciting a fixed salary of £300 or £350 per annum. Sir George Gipps' decision was communicated to the Sheriff to the effect (17 June, 1846) that he regretted he could do nothing in the case of the Under Sheriff before he left the Colony. The entire Department of the Sheriff, His Excellency remarked, was one which he was inclined to think required revision and reduction; and, that being his opinion, he could not at that late period of his Adminis­ tration go into a consideration of the separate case of the Under Sheriff with a view to tbe increase of his emolument. 9. On the 25th January, 1847, the Sheriff forwarded to me through the Colonial Secretary a Memorial from the Under Sheriff, accompanied by the recommendation of the three Judges, that he should be allowed an increase of Salary; and, as it was again proposed to ask from the Legislative Council a supple­ ment to Schedule A, the Salary of the Under Sheriff was set down at £300 per annum for consideration in the preparation of the Estimate. 10. Under an Address presented to me by the Council, copies of all the correspondence, which had taken place in the years 1844 and 1845 respecting the remuneration to the Under Sheriff, together with a copy of the Despatch* from the Secretary of State on the appointment of the Sheriff, were laid before the Council. In consequence, however, of the Despatchf received from your Lordship, intimating your Lordship's opinion that it was inexpedient and unnecessary to apply to the Legislative i Council for a supplementary vote in aid of the amount appro­ priated for the Administration of Justice, so long as a sum could be obtained for the purpose from the surplus of Schedule B, the Estimate was withdrawn from the Council, and also the 'onsideration of the Under Sheriff's Memorial.

* Marginal note.—(5 June. 1S42. t Marginal note.—No. 14.3 of 30 April, 1S47. FITZ ROY TO GREY. 727

11. On the 24th January, 1848, the Sheriff requested authority JL848. to place the Under Sheriff's name in Abstract for Salary at the ' r t 11 rate of £300 per annum in accordance with the Estimate with- c\2° s °f drawn from the Council. He was informed in reply that, if the c. Prout as question had been submitted for the consideration of the Coun­ cil, the House would of course have exercised its own discretion in voting or withholding the increase of Salary proposed, but that, as the matter stood, and taking into consideration the amount of Salary paid to the Sheriff, I could not consider myself justified in sanctioning any increase to the Expenditure for his Department without previously obtaining the authority of the Secretary of State for the Colonies. 12. On the 31st January, 1848, the Under Sheriff, during the absence of the Sheriff in attendance on the Circuit Courts, applied direct for the increase. This letter was returned to the Sheriff with an intimation that I must decline receiving any communi­ cation from a subordinate Officer not transmitted through the head of his Department. The Sheriff replied that the applica­ tion was entirely unauthorized by him; but that he should probably trouble me with a Memorial respecting the Under Sheriff's salary addressed to the Secretary of State. 13. On the 15th February, 1848, the Sheriff, in submitting the estimate of the expenditure of his Department for the year 1849, proposed the salary of the Under Sheriff to be at the rate of £300 per annum. He was informed that I could not accede to the proposed increase unless previously sanctioned by the Secre­ tary of State, but that I would bring the case under your Lord- ' ship's consideration if Mr. Young wished me to do so; but that the only way in which I could propose the increase to the Under Sheriff's salary would be by a proportionate reduction of that of the Sheriff. This intimation was made to the Sheriff on the 23d March, and on the same day a letter was received from him forwarding another application from the Under Sheriff, proposing that, if I did not feel myself at liberty to grant the application without the sanction of the Secretary of State, the papers might be forwarded for your Lordship's consideration. The Sheriff was, in reply, merely referred to the last letter addressed to him, which he had not received when his letter was written. 14. On the 3d May, 1848. the Under Sheriff again applied direct to me soliciting attention to his last application as for­ warded by the Sheriff on the 23d March, and hoped a favorable result. He was informed of the decision on that application, viz., that no addition could be made to his salary but by a corre­ sponding reduction from that of the Sheriff, to whom he was referred. 728 HISTORICAL RECORDS OF AUSTRAL!.',

1848. 15. On the 25th July, the Under Sheriff replied (the Sheriff 4 Dee. having declined to forward any further correspondence respect­ Report on ing his Salary) that the Sheriff had consented to pay him claims of C. Prout as annually £50 as a gratuity. He applied to be placed on his under sheriff. former footing of £200 a year, and to have made up to him the difference in Salary since its reduction, amounting to £300. He was referred to the decision on his last application, and informed that I had no funds at my disposal to enable me to comply with the request. 16. The Sheriff declining, the Under Sheriff submitted the Petition now transmitted to Your Lordship, and which is accom­ panied by copies of the Papers, which were laid before the Legis­ lative Council when it was proposed that the matter should have been brought under its consideration, and also a copy of the proceedings in the Council in the year 1832, when the subject of the Salary of the Under Sheriff was before that Board. 17. Your Lordship will gather from the foregoing statement that it was the opinion of my Predecessor that " the entire De- partment of the Sheriff was one which required revision and reduction"; and such I am convinced would have been the opinion of the Legislative Council, had the Estimate of 1847 for a Supplement to Schedule A been submitted for their considera­ tion; and, concurring as I do in these opinions, and referring to Lord Stanley's Despatch, No. 124 of the 6th June, 1842, which intimates that Mr. Young had accepted the Office of Sheriff c f this Colony " subject to any modifications which it may ult - mately be considered necessary to make in it," I can only no - recommend that, should it be your Lordship's opinion that tl • Under Sheriff's salary ought to be increased to £300 a year, that increase should be made from a corresponding reduction from the Salary of the Sheriff, but not that he should be called upon to pay the arrears claimed by Mr. Prout, which I cannot. recommend should be paid to him. j nave c,c CHS. A. FITZ ROY. [Enclosure.] Petition of THE Humble Petition of Cornelius Prout, Under Sheriff of C. Prout re New South Wales, his salary. To The Right Honorable Her Majesty's Principal Secretary of State for the Colonies, etc., etc.. etc.. Most respectfully Sheweth, That since the year 1832 tbe subject of the inadequacy of the Salary allowed to Your Petitioner has been under consideration of the respective Governors of this Colony, and first mooted in the Legislative Council, as appears by the extract from their Proceed­ ings hereunto annexed. FITZ ROY 10 GREY. 729

That, during the last Sixteen years, the same matter has from is48. time to time been tbe subject of much correspondence, which by 4 Dec. His Excellency Our present Governor has been laid before the Petition o{ Legislative Council, with a view, as expressed, of Your Petitioner's c. Prout re Salary being raised, it having since first July. lS4r>, been reduced his salary. to one half, for the express purpose of creating a discussion in the Council, and raising the Salary to a given Sum. as shewn more fully in the printed Correspondence hereunto attached, but subsequently withdrawn, as shewn by an extract from the " Sydney Morning Herald" of 24 September, 1847. That Your Petitioner begs to state, subsequent to September, 3847, a further Correspondence has taken place with His Excel­ lency Our present Governor by whom, Petitioner most respectfully hopes, such explanation will be given to your Lordship, as to Him shall seem meet, on forwarding this Petition. That Your Petitioner humbly prays: That Your Lordship will be graciously pleased to authorize the restoration to lour Petitioner of tbe half salary so long withheld and such future Salary as the long Services and responsible duties of your Petitioner shall be deemed by Your Lordship to entitle him to. And in duty bound will ever pray. COBNS. PROUT. Sydney. 8 September. 1848.

L Sub-enclosures.] [The " I'of''-< ami Proceedings " of the legislative council for Sth to 16th July, 1847; the memorial of C. Front and papers relating to A. W. Young, -printed by order of the ler/islatire council on 25th June and 2Ut July, 1847, and an extract from the issue of 'the " Sydney Morning Herald," dated 24th September, JX.}?, were attached.]

SIK CHARLES FITZ ROY TO EARL GREY. (Despatch No. 260, per ship Sir Edward Paget; acknowledged by earl Grey, llth May. 1849.) My Lord, Government House, 4th December, 1848. 1. With reference to my Despatch, No. 205 of the 22d Sep- j^f^ to tember last on the subject of the proceedings of the Constituency despatch « of the Port Phillip District on the day appointed for the nomina- Melbourne4 tion (at Melbourne) of Members for the new Legislative Council of this Colony, and reporting my intention, under the advice of my Executive Council and Crown Law Officers, to issue fresh Writs, removing the place of nomination and tbe principal polling place to Geelong, 2. I have now the honor to transmit for your Lordship's in- ^cess^of^

formation the copy of a communication from Mr. La Trobe cover- «eeionK. ing the copy of a letter and enclosed memorandum from the Re­ turning Officer, from which your Lordship will perceive that the measure of removing the place of Election to Geelong was 730 HISTORICAL RIOCORDS OF AUSTRALIA.

1848. successful, the good sense of the Electors generally having been i Dec. superior to the folly of the instigators of the proceeding on the former occasion at Melbourne. Attempt to 3. Your Lordship will observe, however, that this result was nominate not obtained without an attempt on the part of those individuals British statesmen. to render the Election void by nominating the Duke of Wel­ lington, Viscount Palmerston, Lord Brougham, Lord John Russell, and Sir Robert Peel. It would be superfluous to offer any comment upon this at­ tempt further than that it appears to me that a Community, where such an act of folly is allowed to be gravely and deliber­ ately committed, is scarcelyfit to be trusted with the exercise of the rights of a free representative system of Government. I have, &c, OILS. A. FITZ ROY. [Enclosure No. 1.] MR. C. J. LA TROBE TO COLONIAL SECRETARY THOMSON. Superintendent's Office. Sir. Melbourne, 13th October, 1848. Return of writ ft is my duty to transmit to you herewith, for His Excel­ for district of lency's satisfaction, the Return of the Writ of Election and voting Port Phillip. papers for the district of Port Phillip, which have been placed in my hands by the Returning Officer for that purpose, and also copy of a letter and enclosed memorandum addressed to me by Mr. Pohlman. which embodies some interesting information relative to the Election which has just taken place. I have. &c, c J [Enclosure No. 2.] - - LA TEOBE- MR. R. W. POHLMAX TO MR. C. J. LA TROBE. Report re election at Sir, Melbourne, 13th October, 1818. Geelong. I have to acquaint your Honor that, having declared at the place of nomination (Geelong) the general state of the Poll, and the persons duly elected at the present election for the return of Five Members to Serve in the Legislative Council of New South Wales for the Electoral District of Port Phillip, I now beg to for­ ward through your Honor to His Excellency the Governor the Writ of Election, with the names of the persons* duly elected endorsed thereon by me. I enclose for your Honor's information an Abstract shewing the mode in which the Electors voted, and which will be found to correspond with the Voting Papers herewith, which I have sealed up, separately, as directed by the 34th Clause of the Act, for trans­ mission to His Excellency with the Writ. I have, &c. ROBERT WILLIAM POHLMAN, Returning Officer. * Marginal notr.—Lachlan Mackinnon, Esq. ; James Williamson, Esq. ; John Oicksoii, E-q. ;. James Frederick Palmer, Esq. ; Edward Ourr, Esq. FITZ ROY TO GREY. (31

| Enclosure No. 3.] ISIS. ABSTRACT of the General State of the Poll at the close of the Elee- 4 r"'' tion for the return of Five Members to serve in the Legislative Abstract of Council of New South Wales for the Electoral District of state of poll at Port Phillip, as made up from the Voting Papers kept at tbe diltrict of several polling places within the said District. Port Phillip.

Votes. Votes.'Votes. Votes. Votes. Votes. Votes. Votes, j Votes. A'ot.es. Votes.

Geelong ... vn Ul 121 US 114 35 3.i In •ill 35 Melbourne :M HX 4i 52 .'.I 23 23 23 23 23 Portland ... -II) 33 36 311 IS :i 0 II II 0 0 ll 0 Port Fairy... •27 ' '-' 2'i 6 2U 0 U 0 0 General State of the Poll 239 234 232 220 189 5:, •i» 58 ROBERT WiLi.i.nr POHLMAN, Returning Officer.

MEMOIiANIH'iM. NiiiiiER of Electors as they appear on the Electoral Roll. Analysis For Police District of Bourke 236 of poll. Voted for Resident Candidates (including 2 votes for Mr McArthur) 53 Voted for Peers 23 7U Did not Vote 160 For Police District of Geelong 2(35 Voted for Residents 122 Voted for Peers 35 157 Did not Vote 108 For Police District of Portland ~59 Yoted for Resident Candidates, including 3 Yotes for McArthur 12 Did not vote TJ For Police District of Port Fairy ~45 Voted for Resident Candidates, including 20 votes for Mr. McArthur 27 Did not Vote 18 Total Electors on Electoral Roll iT«J5 Voted 302 Did not vote 308 732 HISTORICAL RECORDS OF AUSTRALIA.

1848. (Indorsation on the Writ.) 4 Dec. I HEREBY Certify that Laucblan Mackinnon, James Williamson, John Dickson, James Frederick Palmer, and Edward Curr, esquires, Certificate re members were duly chosen the Members for the Electoral District of Port elected. Phillip to serve in the Legislative Council of i\ew South Wales. ROBERT WILLIAM POHLMAN. Returning Officer. SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 2(,1, per ship Sir Edward Paget; acknowledged by earl Grey, 20th May, 1849.) 5 Dec. My Lord, Government House, 5th December, 1846. Issue of deed " • 1. In my Despatch, No. 39 of 16 February, 1848, I re­ for lands to ported that I had taken the earliest opportunity of issuing to the A.A. company. Australian Agricultural Company a Deed for the Lands held by them in this Colony in terms of Her Majesty's Warrant under the Eoyal Sign Manual, transmitted with Your Lordship's Des­ patch, No. 127 of 13th April, 1847. Abolition of 2. Adverting to the latter part of the Despatch wherein Your coal monopoly. Lordship intimates that, in consequence of the Company having now been released from the restrictions upon which they obtained the Coal Land, the agreement giving them the exclusive advan­ tages in the working of that Mineral is to be considered at an Proposal to end, I would beg to bring under Your Lordship's notice that, annul reser­ during the period this monopoly was in force, all Deeds of Lands vations of coal in land grants. granted or sold in the Sydney District contained a reservation of the Coal which might exist therein, and to request your Lord­ ship's instructions whether this reservation should not, under the circumstances, be rescinded. 3. The matter was brought 'before the Executive Council, who expressed their opinion that the interests of the Colony would be best served by affording the utmost possible encouragement to tlie raising of Coal; and with their advice I have the honor to apply to your Lordship for authority to declare that, in all Deeds in which, for the protection of the Australian Agricul­ tural Company's privilege, there has been inserted a reservation of Coal, the same should be annulled without any charge. I have, &c CHS. A. FITZ ROY.

EARL GREY TO SIR CHARLES FITZ ROY. (A circular despatch, per ship Sydney.) 6 Dec. Sir, Downing Street, 6th December, 1848. Transmission I transmit to you, for your information and guidance in of instructions preparing Accounts for the Maintenance of Distressed Seamen, to consuls. a Copy of the " Instructions for the Government of Her Ma­ jesty's Consuls abroad." I have, &c. GREY. GREY TO FITZ ROY. 783

SIR CHARLES FITZ ROY TO EARL GREY. 184S. (Despatch No. 262, per ship Sir Edward Paget.) My Lord. Government House, 6th December, 1848. Mr. Callaghan having published a 3rd Supplement to his Transmission "Acts and Ordinances of the Governor and Council of New ^J^Sf1* South Wales, with Notes and Index," I have the honor to for- Ordinances. ward herewith copies of that Work, in continuation of the series which was transmitted to Your Lordship's Department through the Colonial Agent General, as reported in my Despatch, No. 131 of 25th June, 1847. I have, &c, CHS. A. FITZ ROY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 2(13, per ship Sir Edward Paget.) My Lord, Government House, Sth December, 1848. 8 Dee. I have the honor to acknowledge the receipt of your Lord- Despatches ship's Despatches of the numbers and dates noted in the margin,* ac now e gec' which arrived by the ship " Emperor " on the 4th ultimo, and by the ship " General Hewitt" on the 14th ultimo. I have, &c, CHS. A. FITZ ROY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 215, per ship Intindur.) Sir, Downing Street, 12 December, 1848. 12 Dec. With reference to my Dispatch, No. 213. of the 4th In­ stant respecting the men, who are going out in the ship " Hashemy " with the expectation of receiving Tickets of Leave on their arrival, and adverting to that portion of the 5th para­ graph of the Dispatch in which it was stated that the cost of their conveyance was to be assumed at the sum of Twenty pounds, I enclose for your information extracts of a corre- Alteration in spondence, which has passed on the subject of this Estimate with fOTfraifsporfof the Home Department; and I have the honor to inform you that, convicts. for the reasons which you will therein find explained, the cost of conveying all men, who are introduced into the Colony with Tickets of Leave, is henceforward to be assumed at only Fifteen Pounds. You will, therefore, consider this sum as established for your guidance in future cases, and will also understand it to be applic­ able, instead of Twenty pounds, to the men who go out in the " Hashemy." I have, &c. GREY.

'Marginal note.—By "Emperor": No. 116, 16th July, 1848. By "General Hewitt": No. 133, 31 July, 1848; No. 134, 1 Augt., 1848. 734 HISTORICAL RECORDS OK AUSTRALIA. 1848. [Enclosure No. 1.] UNDER SECRETARY MERIVALE TO MR. H. WADDINGTOX. Sir, Downing Street, 12 December, 1848. In reply to your letter of the 4th Instant, I am directed by Earl Grey to acquaint you that the Governor of Bermuda has been instructed accordingly to forward without delay the required Lists of the Prisoners recommended for removal from that Colony to- Uniform sum gether with their respective Captions; and I am further to state adopteconvictsd. as cost that Lord Grey agrees in Sir George Grey's opinion that the amount °Lt'?^port °* to be refunded by Convicts, before they obtain a Ticket of Leave, ought not to depend on the accidental circumstance of the Colony to which they may have been removed, and that his Lordship there­ fore proposes to assume one uniform sum of Fifteen Pounds for this purpose. I am, &c, I Enclosure No. 2.] H- MERIVALE. EXTRACT from letter from Home Office, dated 4 December, 1848. Proposal for " WITH regard to the amount to be charged for their passage to uniformity in Prisoners removed to Australia or the Cape of Good Hope with Tickets of Leave, it appears to Sir George Grey that the amount ought not to depend on the accident of a Prisoner being sent to one Colony or another, but that it would be better to fix upon a Sum to be paid alike by prisoners so removed, to whatever part of the world they are sent, provided that they enjoy the same facilities of obtaining wages out of which this payment can be made. " In fixing the amount, it seems to Sir George Grey important that it should not be so high as to discourage even these, whose sentences are for the shortest term, from exerting themselves to make the payment by the hope of obtaining a Conditional Pardon before the expiratioEARL GREn ofY thTeO terSIRm CHARLEof theiSr FITsentencesZ ROY,. and that this object might perhap(Despatcs bhe Noobtaine. 216,d pebry shifixingp Sydney. the amoun) t at some intermediatSir, e sum between £2Downin0 and g£12. Street" ,T 1 OTV2 ,December x„ , 1848. £or™spondence I transmit to you herewith, for youir aminformation, &c, , Copies ^cultivation °f a correspondence between Colonel Reid, Dr. HLindley. WADDINGTON, and .thi s of Para grass. Office, on the subject of the cultivation of a Grass called Para. You will perceive from Dr. Lindley's Report that he is of opinion that it might be cultivated with advantage in Australia. It is my intention, therefore, to procure and send to you, if possible, some of the seeds and plants for the purpose of trying the experiment. I have &c, [Enclosure No. 1.] GREY. I I NDER SECRETARY HAWES TO DR. LINDLEY. Sir, Downing Street, 27th October, 1848. I am directed by Earl Grey to transmit to you, for the in­ formation of the Horticultural Society, the accompanying copy of GREY TO FITZ ROY. 735 a Despatch from Colonel Reid, lately Governor in Chief of tbe 1848. Windward Islands, with the communication to which it refers from i2Dec. f the Inspector of Agriculture at Curacoa, relative to ho cultivation Papers of Para Grass. It occurs to Lord Grey that, if this grass deserve transmitted. the Character given of it. and will grow in a somewhat cooler climate than that of the West Indies, the Cultivation of it in Aus­ tralia and the Cape of Good Hope would be of great value, and his Lordship requests, therefore, to be informed whether you con­ sider it. probable tbat it would thrive in those Colonies. I have, &c, l'». HAWES. | Sub-enclosure No. LI COLON KL REID TO EARL GREY. My Lord, Windward Islands, Barbados, 31st August, 1848. Having learned that the Para Grass is cultivated in the Government Agricul- Para grass tural Farm at Curacao, and that it might prove very valuable here, I have procured introduced to both Plants and seeds of it, which are now growing in Barbados, and I have also Barbados. sent both to Bermuda. I shall here annex a copy of the letters I received along with these roots ami seeds from the Inspector of Agriculture under the Netherlands Government. I have, ke., WM. REID, Governor. [Sub-enclosure No. 2.] MR. E. J. HE.NGARDE TO COLONEL REID. Curacao, 14 June, 1848. Bv Colonel W. I'. D'Urban, I am informed that Your Excellency has heard of some particular kind of Grass having been introduced into Curacao from South America and is anxious to obtain some. I give myself in consequence the honor to transmit to your Excellency by the Shipment of way of St. Thomas a box containing a good many Plants of that valuable vegetable p]ants of called I'ara Grass, to the cultivation whereof great interest is paid on this Island, Para grass. whereby I take the liberty to add a translation from the Dutch of an Article on thar subject, which has been nlaeed by nie in the Curacao Gazette of Saturday, the 'JOth April, 1848, and which contains direction on the mode of cultivation of the same, which your Excellency will observe is very plain and easy. In offering the above to Your Excellency, I must politely request your Excellency's indulgence for such orthographical faults as have been committed in the said trans­ lation by the pen of a Dutchman, who in this part of the World is but seldom in the opportunity of speaking and thereby cultivating the English language, begging further vour lCwlleiicv to believe that, I am, &c, E. J. HENGARDE, A.D.C., Inspector of Agriculture. [Sub-enclosure No. 3.] PARA GRASS. Panicum Jurnentorum (Humboldt and Kunth). Translated from the Curacao Gazette of April 20th. 1S4S. THE Islands of Curacao, Bonaire and Aruba have always been known to suffer Statement ri under the want of sufficient food for all sorts of Stock, which are reared on the para grass. Estate, and wherefrom the Planters in those Islands derive the principal means of Mibsistence. The preservation of such Stock during epochs of long and severe droughts has ever been very precarious as being entirely dependent on the results of former good seasons, during which considerable quantities of Corn leaves and indifferent Glass sorts are gathered, dried and carefully stored. Much were thev to be blamed, who neglected such precautions at proper times, as with the return of even dry Season vegetation is not only stopped, but becomes almost entirely extinct, causing that remarkable fallow ruddy appearance to these Islands, which so particularly distinguishes them from other spots under the tropics. But even these precautions have not always proved sufficient in such instances, as rot milv one but several succeeding years of drought have from time to time visited these Islands, during which all that had been stored of food was consumed, in conse­ quence whereof the greatest part of Stock died away. What Inhabitant of Curacao does not bear in mind the painful recollection of these losses sustained in the years 1842 and 1843. 736 HISTORICAL RECORDS OF AUSTRALIA.

1848. Though the introduction of Hay from the United States took place under these 12 Dec. circumstances, yet few but wealthy Inhabitants could avail themselves of this ' expensive object, and this only for the preservation of but a few Horses and other Statement re animals ot burden ; meanwhile all the rest of the Slock, which could not be properly Para grass stalled and which remained erring about in the Fields, was lost. This short, but true picture of but a part of the shadow side of a Planter's existence on these Islands, bearing a faithful resemblance to the tale of the Daniads, exposes briefly of how great necessity it is to attach more interest on these Islands to the cultivation of good Grass sorts. In consequence, it will not be astonishing to cec a few Planters accede with fervour to the cultivation of this Article, they being however limited, by want of better, to the cultivation of Guinea Grass, which has that disadvantage of requiring during the dry season constant irrigation, by want of which it not only becomes soon hardened and as such unfit to nouri>h stock, but is even apt to wither and fade away entirely, as is the case with mostly all other vegetation on these Islands, indeed to shoot out again with the first showers of a rainy season, but having meanwhile undergone during many succeeding months a total stop in growth. In this necessity now, a good and continual Article of food lor Stock has at length been provided. Our late Governor, Baron li. F. Von Raders, Actual Major General and Governor of Surinam, having, in the month of November, 1846, made a present to these Islands of the Para Grass, Panicum Jumentorum (Humboldt and Kunth), about which His Excellency gives the following communication. " The grass continues growing under the most severe droughts and requires when once located no other care, as it suffocates the vegetation of all other sorts of Grass. Especially in consequence of these qualities, I have thought it would be a valuable acquisition for the Island of Curacao, and its dependencies." In addition to this communication, we can join the following particularities extracted from " Les annales de la Societe d'Agriculture a Martinique," according to which the late General Bertram!,, whose Estates arc situated in the dry est part of the Island of Guadeloupe, has preserved his Stock during a severe drought, which visited these Islands some years ago, only by mean* of an extensive cultivation of Para Grass, while at his neighbour's and further over the whole Island, where this cultivation had been neglected, almost all Stock died away ; and we are told that, in the beginning of the year 1844, the same Grass sent by the French Man-of-war Schooner Gazelle was presented to General Paez by Admiral D'l"val D'Ailly, Governor of Martinique. According to the observation in the " Liberal of Caraecas," this Grass is far superior to Guinea Grass, as it thrives in every season, in dry as well as in wet weather. It was considered a great acquisition for the Republic of Venezuela, where droughts often occur for more than five or six months succeeding, during which all kind of vegetation withers in the fields. Since the introduction of Para Grass on the Island of Curacao, the same has been cultivated under different circumstances of soil and season, under which it has kept up entirely its good reputation; so that we now dare to affirm with the greatest confidence that, if general attention is paid to the extension of this useful branch of Agriculture, the present made by Governor Von Raders will at once become of incalculable advantages to these Islands. The cultivation of Para Grass is effected by means of Seed and of cuttings. The stem creeping along the surface of the ground consists of joints of from five to six inches long ; at each of the joints, it fixes itself in the soil, and thereby pushes one or more perpendicular stalks upwards, the creeping stems arrive, some­ times to the astonishing length of from ten to twelve feet, while the height to which the perpendicular stalks arrive entirely depends on the nature of the soil and the state of moisture of the same. To lay out a plantation of this Grass, it is but required to divide the stem into so many parts, somewhat below each joint, which joints are then planted in the ground, which has before hand been well ploughed, with the knot side about J parts in the same, at the distance of 1* feet asunder, while upwards and until it has arrived at the proper height, no other labour is required but weeding. On the Government Estate the " Hasse," Para Grass was cultivated as a trial in lowland of black Garden Soil, and also on higher situated hilly, very unfertile soil; in thefirst instance , it has grown up into an almost impenetrable mass, which, having been cut already several times, has every time however pushed up again with renewed vigour; in the other instance, it has grown up quite as well though much later planted, in both instances, however, without application of artificial irriga­ tion ; while, as a particularity of its nature may be mentioned, that it will not thrive at all in the shadow of large trees and but indifferently in very moist places. Equally favorable results have been obtained on different other private estates on this Island, where the same trials have also been taken, and where, as well as on the Government Estate before named, Para Grass for planting can now be had on application by whoever should desire to occupy himself with the cultivation mosthofe Froth t estreates severmsame whice.t droughthrecommendation side sth alel cultivatio favorabl. Aens propertiesogreef Parn afoo ,Gras dand fos, r icu sStock tevisaged an,d driedit, iretaint, certainlit syield undeys meritirf thnoest GREY TO FITZ ROY, 737 allowed to grow higher up than two feet an excellent and, by all Stock, much liked 184g fodder, which principal quality recommends it far above Guinea Grass, which cannot 12 Dec be laid up as Hay. Taking further in consideration that, during the short rainy season, which on these Islands seldom lasts longer than three months, Para Grass can be cut upwards of two times; then certainly all further recommendation of the same becomes superfluous; we consequently beg to conclude this article with calling to the remembrance of the Planters that beautiful encomium " that he who raises two stems of grass, where formerly but one did grow, becomes a benefactor to mankind." E. J. HENGAB.DE,, A.D.C., Curacao, 16th April, 1848. Inspector of Agriculture. [Enclosure No. 2.] DR. LINDLEY TO UNDER SECRETARY HAWES. Horticultural Society, Sir, 21 Regent Street, 28th October, 1848. I have to acknowledge the receipt of your Letter of yester­ day, transmitting for the information of the Horticultural Society some enclosures from Colonel Reid and others concerning the Para Grass. The plant itself Panicum Jumentbrum, otherwise Panicum Description Maximum, is well known; I have it from the Isle of France and of Para srass- Martinique. It is said to be of African Origin, and is now accord­ ing to Humboldt cultivated all over South America for Cattle. It is a species with a soft, succulent, nutritious herbage and is therefore of great value. Its power of resisting drought is a new fact, and is so well Advantage of attested by the evidence which Lord Grey has transmitted that I ^ Australia do not hesitate to advise His Lordship to cause it to' be introduced into Australia experimentally. There is only one point in that Country, which is likely to interfere with the success of the trial, viz., the lower temperature of the soil than in tropical America. Bui grasses have a great aptitude for reconciling themselves to dif­ ferences of Climate; and various Species of Panicum, our Specimen is not very unlike the Para grass, already inhabit the whole breadth of Australia. I, therefore, regard the experiment as being eminently deserving of his Lordship's favorable consideration. I have, &c, JOHN LINDLEY. [Enclosure No. 3.] UNDER SECRETARY HAWES TO COLONEL REID. Sir, Downing Street, 15 November, 1848. I am directed by Earl Grey to acquaint you that he is Proposal to send desirous of sending out to the Australian Colonies and the Cape plants and seeds of Good Hope some seeds and plants of the Para Grass, which t0 Australia- you caused to be cultivated in Barbados, and he would be much obliged to you for any information, which you could give him as to the best means of procuring seeds and plants for this purpose. His SERLordshi. I. VOLp .desire XXVI—s 3m A e to transmit to you copies of a corre­ spondence with Dr. Lindley on this subject, which you will prob­ ably read with interest. I have, &c, B. HAWES. 1848theSir .Australia , acquaintinI havCOLONEe nha Coloniesgd Lthm eeREI thahono,D [Enclosurant TrEarOd ttUNDEool receiv thGreeR Cheltenham CapyNo SECRETARe i.youse 4. desirouo]rf GooletteY, ds17tr HAWES Hopeodatefh sendin Novr.d,. som 15t,gh e 1848ouNovr.Seedt .ts, o 738 HISTORICAL RECORDS OF AUSTRALIA.

1848. and Plants of the Para Grass, which I caused to be cultivated in 12 Dec. Barbados, and that his Lordship requests to be informed as to the best means of procuring them. vi thnd fm- The only mode. I am acquainted with of procuring a proper sup- obtaining seeds ply for the purpose proposed by Earl Grey, is by getting them in and plants. the way I did from the Island of Curazao. They were got for me bv Lt. Col. D'Urban. Deputy Quarter Master General at Barbados, who is well acquainted with the Director of the Agricultural Farm at Curazao. They were brought from Carucao to Barbados in a trading Yessel, belonging to Messrs. Cavan and Co. who have Vessels frequently going to Curazao. On receiving the Seeds and Plants, I sent the Director of the Agricultural Farm a packet of useful Books, as an acknowledgment of his attention in complying with my request. I have no doubt Sir William Colebrooke in the same way could procure a further supply; but it might be advisable to send out properly constructed Ward's Cases to Barbados for the reception of the Plants. I sent a few Plants and some Seeds of this Grass to Bermuda to the care of the Honble. Hy. J. Tucker; and perhaps Earl Grey might find it of interest to cause enquiry to be made how far they thrive in that latitude. I have, &c, WM. REID, Lt. Col., Rl. Engineers. EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 217, per ship Sydney.) Sir, Downing Street, 12 Deer., 1848.'

Despatch I have the honor to acknowledge your despatch, Xo. 84 of acknowledged. the 3d of April last, accompanied by certain rules, which in con­ junction with the Executive Council you had framed, under the powers conferred by H.1L Order in Council of the 9th of Alarch, 1847, for regulating the occupation of lands for.pastoral pur­ poses within the settled districts. This is a subject on which I should at any rate feel that I must Be chiefly guided by the advice of the most competent local authorities. Approval of But I can not refrain from adding that the rules appear to me regulations re to have been framed with great judgment and with a very careful occupation of land in " set­ consideration of the various circumstances effecting this difficult tled " districts question, and that I have the more satisfaction, therefore, in saying that they entirely meet my approval. I have, &c, GREY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 265, per ship Agricola.) My Lord, Government House, 12th December, 1848. I have the honor to forward herewith to Your Lordship the Returns of the Immigrants by Nfine Vessels, in the form FITZ ROY TO GREY. 739 required by Lord John Russell's Circular Despatch, dated llth 1848. March, 1841. V2 De0' 2. These Returns, a copy of which has been' transmitted by Transmission the Emigration Agent of this Colony direct to the Colonial Land Emigrants! and Emigration Commissioners, were only received by me on the 8th instant, and contain the Reports of the Emigration Agent on'the Immigrants, who arrived in Sydney by The " Subraon " on 12th April, The '"' Thetis " on 27th May, the " Canton" on 12th June, The " Equestrian '* on 16th July, The " Royal Saxon " on 19th July, and the reports of the Acting Emigration Agent at Port Phillip on the Immigrants, who arrived there by The " William Stewart" on 15th May, The " Adelaide " on 22d June, The "Mahomed Shah" on 5th July, The "Cheapside" on 18th August. I have, &c, [Enclosures.] CHS' A" FITZ ROY" [Copies of these printed reports have been omitted-]

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch marked "Military. No. 21," per ship Sydney.) Sir, Downing Street, 13th December, 1848. is Dec. I have to acknowledge the receipt of your dispatch, Memorials No. 129 of the 29th of May last, with the Memorials therein commuted01" enclosed, addressed to me and to yourself by certain persons pensioners. who, in 1832 and 1833, commuted their Pensions as retired Soldiers in order to enable them to emigrate to New South Wales, and who now solicit compensation for the money paid by them for the passage of themselves and their families. You will acquaint the Memorialists that Fler Majesty's Gov- inabiiitv to ernment cannot accede to the prayer of their Memorial. A com- fatipn'fo'rPe"" pliance with it would entail great expense on the Public in Passaees. meeting claims, which have no foundation in justice, and would, moreover, open a field for similar demands from every other British Colony. I have, &c, GREY. SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 266, per ship Agricola.) My Lord, Government House, 13th December, 1848. 1. In your Lordship's Despatch, No. 55 of the 20th March Authoritv for n last, authority was conveyed to me for granting the indemnifica- 0" A™Eiyard!° tion solicited in a Memorial, forwarded in my Despatch, No. 101 of the llth May, 1847, from Mr. Alfred Elyard, Chief Clerk of 740 HISTORICAL RECORDS OF AUSTRALIA.

1848. the Supreme Court and also Marshal of the Vice Admiralty Court 13 Dec. in New South Wales, for the loss sustained by him in the latter capacity on account of the seizure and detention of a Vessel called the " Caroline " under a Warrant of the Vice Admiralty Court, provided it should appear that there were any such peculiar cir­ cumstances attending the decision of that Court in the case in question as might prevent the adoption by Mr. Elyard as Marshal of the usual course of demanding payment of his Fees before he released the Vessel. Legal opinion 2. Having instituted the requisite enquiry on this point, I re claims of have the honor to transmit for your Lordship's information a A. Elyard. copy of a Report, made on the subject by the Attorney General and the Solicitor General of this Colony, in which these Officers state that it is owing to the peculiar circumstances of the ease that Mr. Elyard has been unable to obtain payment of the Fees due to, and expenses incurred by him in arresting and detaining the " Caroline." Payment 3. Considering Mr. Elyard, under this opinion, to be entitled authorised to to the indemnification for which he applied, I have, under the A. Elyard. sanction conveyed in your Lordship's Despatch, authorized its being granted out of the Surplus of the amount appropriated to the services and purposes named in Schedule B annexed to the Act for the Government of this Colony, 5 and 6 Victoria, Ch. 76. I have, &c, [Enclosure.] CHS. A. FITZ ROY.

MESSRS. PLUNKETT AND FOSTER TO COLONIAL SECRETARY THOMSON. Sir, Attorney General's Oflice, 4th November, 1848. Legal opinion We have the honor to acknowledge the receipt of your letter re claims oi dated 9th August last, transmitting the accompanying Despatch A. Elyard. and its enclosures from the Secretary of State, relative to a Memorial from Mr. Alfred Elyard praying that he may be com­ pensated for the loss of certain Fees due to him, as Marshal of the Vice Admiralty Court, on account of the seizure and detention of the Ship Caroline under a Warrant of the Vice Admiralty Court, and requesting our opinion on the case. In reply, we beg to state that in this case Mr. Elyard. as Alarshal of the Vice Admiralty Court, was obliged to arrest and detain the Ship Caroline in obedience to the Warrant addressed and delivered to him as such Marshal, and, in consequence of the prohibition which was afterwards granted by the Supreme Court, Mr. Elyard was obliged to give up possession of the said Ship, not­ withstanding his Fees and Expenses for detaining her remained unpaid. It seems to us. therefore, that it is owing to the peculiar circumstances of this case, and not to any neglect or default whatsoever on the part of Air. Elyard, that he has been unable to obtain payment of the fees due to and expenses incurred by him in arresting and detaining the said vessel under the said Warrant. We have, &c, J. H. PLUNKETT, Attorney General. W. FOSTER, Solicitor General. GREY TO FITZ ROY. 741

EARL GREY TO SIR CHARLES FITZ ROY. 1848. (Despatch No. 219, per ship Sydney; acknowledged by 14 Dec. Sir Charles Fitz Roy, 12th July, 1849.) Sir, Downing Street, 14 December, 1848. The enclosed is a Copy of a letter, which has been sent to Letters trans- me direct by the Deputy Assistant Commissary General at Mel- ^D^Erskine. bourne. It contains various suggestions for the adoption of a systematic kind of Superintendence over the Exiles sent from this Country to Port Phillip, and for their classification in the Colony with reference to their respective Characters and conduct; and, as there appears to. me to be a great deal that is very valuable in the Writer's remarks on this subject, which are even more applicable to the care of convicts sent out with tickets of leave than as exiles, I have to request that you will take them proposals to into your consideration, with a view to their being acted upon be considered. with such modifications, and to such an extent, as the circum­ stances of the case may seem to you to require. You will also cause my thanks to be conveyed to Mr. Erskine for his communication. I have, &c, [Enclosure.] GREY. DEP. ASSISTANT COMMISSARY-GENERAL ERSKINE TO EARL GREY. Commissariat, Melbourne, My Lord, Port Phillip, 10th May, 1848. Having had my attention turned very much lately to the Proposals by subject of the introduction of " Exiles " into this Colony, I beg J- D. Erskine leave to address your Lordship and to state to you the opinion Q" J^*"]*6™6"' I have been enabled to form thereon. After watching narrowly i„ district of into the conduct of the men already landed, now amounting to up- Port Phillip. wards of 1,600, I am confident that Exiles may be rendered a very safe and useful people; but I think that a change must be made in the mode at present adopted. I am afraid it is in vain to expect that a set of young half-reformed thieves, the scum of London and other large towns, will behave well when set clown in a strange land to roam at pleasure, where temptations of all kinds are around them, left to their own guidance and without restraint. A few "first fault " men from Pentonville, who have there bitterly repented in sorrow and sadness in their silent cell, who for two years have never heard a friendly voice, to whom sympathy is a stranger, and whose very name has been a dead letter even to him­ self, these may perhaps be safely allowed to go where they list, eager as they will be to regain a character and re-establish a good name. But the Parkhurst and Millbank boys must be controlled in some manner; and, after much consideration, I would most respectfully recommend that a system resembling the following be adopted. In thefirst place , I would recommend that an Officer should be appointed as Controller of Exiles, under whom should be placed metIono woul enplac othurd etw shav th:o eeSerjeant Exilea Barracs supo ank nbuil d theiseverat ar shorlandingl met wan ,ty oan fro ford mIm Melbournewoula detectived classif, wherei ypolice then . 742 HISTORICAL RECORDS OF AUSTRALIA.

1848. lst. First-fault men, of good conduct since their imprisonment, 14 Dee. might be allowed to engage with masters in the Towns, the Master ProposaiTby registering his name and place of abode and hiring the exile for j. D. Erskine twelve months, the master to be responsible in a certain degree for management for the conduct of his servant, giving immediate notice to the ?f l'/?1.11;:' 1 Controller's Office in case of desertion or improper behaviour. And, Port Phillip. at the end of the 12 months, I think these men might safely have their pardons granted to them under the usual condition. 2nd. This class would be formed of men of more serious crimes, Parkhurst and Millbank boys and others to whom it is not thought advisable to entrust their pardons. These should be made to engage with Masters in the Bush for 12 months, at a rate of wages to be fixed by Government, the Master registering his name and station (i.e. place of abode in the Bush) and immediately forwarding the Servant to the place named; the masters becoming responsible for the safe keeping of the Exile in so far as is possible, and being obliged also under a penalty to give immediate notice to the nearest police Station in case of desertion, And likewise at once asserting the circumstance to the Controller's Office. In case of a Master breaking up his Establishment within the twelve months, he should be bound either to provide another em­ ployer for the Exile, whose name, etc., should be properly regis­ tered, or he should be obliged to return the man to the Barrack to be again hired under the orders of the Controller. At the end of the twelve months, I would allow the Exile to have the option of engaging himself to any Master, he chooses, in the bush; but his place of abode must be registered and the employer be held respon­ sible for his safe custody. If, after this second year's service, they are considered worthy of their pardons, I would then recommend that the Governor should have power to grant them the usual conditional pardon. The third class would be formed of men, whose previous career would render them unfit for the indulgence of being allowed to receive wages and to serve Masters in the Bush; these I would employ under the eye of the Controller and of his Police in useful works upon the roads and public buildings for a time; then, upon good behaviour for a certain period, I would remove them into the second class and thus they too would work their way to their freedom. I may add perhaps for your Lordship's information that many, I am happy to say very many, of the Pentonville men have turned out well. In one street in this City, there are three of this class who have small shops next door to each other. One was a Butler in a Lady's family in London, he was fond of drink, and I believe made away with some of the Plate, which was entrusted to him, to provide means of indulgence; he was detected, and sent to Pentonville; he was there for two years and then was forwarded to this Colony; his wife followed him, and they are now doing well and are respectable and, I have no doubt, happy people. The Boys I cannot speak so well of; the records of the Police office tell a sad tale against them; and, altho' atfirst the crimes were not serious, yet now they have become worse and worse till at last a Murder has taken place, one lad, who arrived only three months since, having murdered his companion for a few shillings; those boys, however, who went at once to the Bush, have done much servicebetter,, anrepord somt vere yGentlemen favorably, owhf themo hav. e many of them in their GREY TO FITZ ROY. 743 I trust, My Lord, that you will pardon my having addressed you; 1848. but I am aware that it is a subject which has become of much in- 14 Dee. terest at home as well as in this Colony, and I. therefore, hope that you will excuse the liberty I have taken. I have, &c, J. D. ERSKINE, Dep. Assist. Commy. General.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 220, per ship Sydney.) Sir, Downing Street, 14th December, 1848. I communicated to the Lords Commissioners of the Trea- Despatch sury a Copy of your Despatch, Number 75 of the 30th March acknowledged. last, with the Memorial which it enclosed from Mr. C. Windeyer, Police Magistrate of Sydney, praying that, on account of his age and infirmities, he may be allowed to retire on a Pension; and I have now to acquaint you that, adverting to the very Pension for favorable reports of the manner in which the Memorialist has ' in eyer' discharged the duties of his Office, their Lordships have assented to the assignment to him of a Retired Allowance at the rate of £180 per annum, chargeable upon the Revenue Fund of New South Wales, pursuant to the provisions of the Act of the 5th and •6th Victoria, Chapter 76. j. nave &C-; GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 221, per ship Sydney.) Sir, Downing Street, 15 December, 1848. 15 Dec. I have the honor to acknowledge your despatch, No. 116 Despatch a c of the 16th May last, respecting the characters of the Emigrants e immigrants by the "Hyderabad" and "Lady Peel" and the conduct of the ^%ad and Surgeons Superintendent of those vessels. Lady Peel. 2. I enclose for your information a Report from the Commis­ sioners of Land and Emigration containing the explanations which they have furnished on these subjects. 2. You will observe that the Commissioners appear to have received the most confident recommendation of Dr. Grey, the Action re re- Surgeon of the "Hyderabad," from an eminent London Sur- of "surgeons.10'1 geon. I have intimated to them my desire that they should apprise that Gentleman of the result of the recommendation, and should acquaint him that it has brought some discredit on the service. I have also directed a similar communication to be made to the person, mentioned as well acquainted with the requisites of an Emigrant Superintendent, who recommended 744 HISTORICAL RECORDS OF AUSTRALIA.

1848. the Surgeon of the "Lady Peel"; and I have intimated my 15 Dec. opinion that no weight should be attached to the opinion of either for the future. 3. Considering the extreme importance to large bodies of our fellow Countrymen, that they should have efficient superintend­ ence on the long voyage to Australia, I have thought it no more than proper that, if persons possessing good means of judging of the subject recommend incompetent or illconducted Surgeons, they should be made acquainted with the result of their re­ commendations.

Inability to 4. At the same time, I must explain that it would not be pos­ employ naval sible to carry into effect Mr. Latrobe's suggestion that none but surgeons on Medical Officers of the Royal Navy should be employed on this immigrant ships. service. That their knowledge of the sea and familiarity with habits of discipline would be valuable qualities in officers of this. class, I am quite aware. But even, when no more than 8 or 10 ships were sent by Government in the year with Emigrants to Australia, it was found that the requisite number of efficient Naval Surgeons could not with convenience be spared from their proper duties, and, now that 70 ships will probably be despatched in the course of a single year, the measure would be impossible. It is also to be remarked that the Navy would hardly be expected to dispense with its best and most active- Surgeons; and much to be respected therefore as is this class of Officers, it may be doubted whether the Colonies would gain if the selection of the persons who are to serve them were to be transferred to an entirely different department of Government,. instead of belonging to the Board whose credit directly depends on successfully carrying on the Emigration Service. The ex­ pense, although far from a conclusive objection if the welfare of the Emigrants demanded a change, is a consideration not to be altogether overlooked; on referring to the scale of allowances, I believe it will be found that, in the case where an ordinary Surgeon is paid by £150, a naval surgeon would cost the Colony nearly £400. 5. The greatest mortality took place in Australian Emigran Ships, whilst they were still always sent under charge of Naval Experience Surgeons; and it is well known that, in the main, with the re ordinary benefit of the increased experience which time has afforded, the immigrant surgeons. Emigrants have made the voyage with great success under ordi­ nary Surgeons; some of whom, as you axe aware, for instance Mr. Sullivan who has recently been so favourably noticed by your Government, have shewn a peculiar aptitude for the delicate task of conveying, in good health and in good order, large mixed parties of men, women, and children, without any of the powers GREY TO FITZ ROY. 745

of martial discipline, or any direct means of control. Nor cer- 1848. tainly would the employment of Naval Surgeons be an unfailing loDec precaution against occasional want of success, since in one of the very two instances now under review the Surgeon complained of belonged to the Royal Navy. 6. The suggestion to employ these Officers is so natural and Reasons for has so much to recommend it, that I have thought it might not proposals.0' be useless to bring under your notice and that of the officers of your Government, who have at all times shewn so laudable an interest in the practical improvement of Emigration, some of the considerations which might limit the advantage to be derived from the proposal. But the conclusive objection to its adoption must be that the Officers could not be spared from their own

service. I nave, &c, [Enclosure.] GREY. LAND AND EMIGRATION COMMISSIONERS TO UNDER SECRETARY MERIVALE. Sir, Colonial Land and Emign. Office, 5th December, 1848. We have the honor to acknowledge your Letter of the 15th Reply to reports ITlto., enclosing the copy of a Despatch from the Governor of New "J^^^s South Wales, relating principally to the character of the Emigrants on ships sent out by the " Hyderabad " and " Lady Peel," and to the mis- Hyderabad and conduct of the persons employed as Surgeons on board these Ships. Lady Peel. 2. The Emigrants in both these Ships appear to have arrived in good health and to have been well treated throughout the Voy­ age. One complaint was made of a deficiency in the supply of provisions on board the " Hyderabad " but was not substantiated. Complaints, however, are made that the Emigrants by that Ship were insolent in their behaviour, and refused or threw up several good offers of service. The Female Domestic Servants are also said to have been extremely ignorant of their callings, and some of them had left their places and fallen into bad courses. 3. We stated in our Annual Report that, at the commencement of this Emigration in the Autumn of 1847, some difficulty had been experienced in procuring Emigrants in consequence of the great demand then existing for labor both on the Railways and for the Harvest. These causes obliged us tofill three of thefirst Ship s almost entirely from Ireland, and may also have had some effect in lowering the standard of selection in England. On this account, we have always felt some apprehension that the Emigrants des­ patched by these Ships might prove less acceptable to the Colony than we could have wished. We hope, therefore, tofind that the Class of Emigrants despatched by later Vessels will be more com­ pletely satisfactory to the Colonists; and we are encouraged in this expectation by observing that a very good report is given of the Emigrants by the " Sobraon " and " Lady Peel." 4 We should, however, point out that the Emigrants even by the " Hyderabad " are spoken of as physically wellfitted for Colo­ nial Labor, and that it can hardly fail to happen that persons, who are led to Emigrate by the hope of high wages, should sometimes be extravagant in their demands on their arrival in the Colony. 746 HISTORICAL RECORDS OF AUSTRALIA.

1848. 5. We have further to state that we are in the habit of using 15 Dec. all the means in our power to ensure the selection of females of Reply to reportsgoo d character, and shall continue to direct our earnest attention re immigrants to that point. But we fear that, with our best efforts, it will be and surgeons impossible in all cases to secure a faultless selection. But, in the on ships Hyderabad and present case, we must add the observation that no allegation is Lady Peel. made of any misconduct on the part of these persons previously to their arrival at Sydney. 6. The other subject, to which the Governor's Despatch refers, is the conduct of the Surgeons on board these Vessels. 7. Mr. Gray, the Surgeon of the " Hyderabad," is stated to have shewn himself deficient in energy and conduct while on board, and to have quarrelled with the Master of the Ship, who attempted to supply this deficiency, to have conducted himself most in­ decorously before a Board of Officers employed to investigate his case, to have brought a variety of unfounded charges against the Master, and, up to the date of the Emigration Agent's report more than two months after his arrival in the Colony, not to have fur­ nished to the authorities either his Medical or General Journal. The Authorities have in consequence withheld his gratuity. 8. The Surgeon of the " Lady Peel" is similarly charged with want of efficiency on board. Although the Captain of the Vessel expresses himself satisfied with his conduct, it seems yet that he thought it necessary during the Voyage to deprive him of the cus­ tody of the Medical Comforts, including Wine, Brandy, etc.; and Mr. Latrobe implies a suspicion that, at one period of the Voyage, scandal and disorder resulted from his " incapacity and want of moral character." On his arrival in the Colony, he immediately left the Ship, although a woman on board had just been confined, went to lodge at a low Public house, and was seen about the Streets in a state of intoxication. 9. These with other instances of neglect of duty were referred to him for explanation, and, after the delay of nearly a month, a most unsatisfactory reply was returned. One half of Mr. Dease's Gratuity has been similarly withheld. 10. We are extremely sorry that two persons appointed by this Board should have been guilty of the misconduct here described. With regard to Dr. Gray, however, we think it right to state that he is a full Naval Surgeon, and was recommended to the Board by an eminent London Surgeon, both personally and in writing, as a person " deserving of every confidence we could place in him." The Appointment of Mr. Dease, who of course passed the usual examina­ tion, and who had given satisfaction to the Surgeon with whom he had practiced, was made in reliance upon a private recom­ mendation from a person well acquainted with the qualifications required in Surgeons of Emigrant Ships; and we deeply regret Proposals re that this reliance should have proved unfounded. surgeons on 11. As the Surgeon of the " Sobraon." Mr. Acret. is said to be immigrant also on his trial for neglect of duty, we will here add that the ships. testimonials, which he produced to us, were of the most full and satisfactory kind, both as to Surgical competency and general character. 12. Two suggestions have been made for preventing the recur­ rence of these evils; First, that a preference should be given to andOfficer, secondlys who hav, thae tbee nonn alreade but yNava employel Surgeond in ths eshoul Emigratiod be employedn service,. FITZ ROY TO GREY. 747 Lord Grey is probably aware that it has long been our practice 1848. to follow thefirst of these Rules, and that lately an additional lu Dec- step has been taken in the same direction by awarding an in- proposals re creased gratuity to Surgeons who have been previously in charge surgeons on of an Emigrant Ship. The exclusive employment of Naval Sur- immigrant geons would of • course entail much additional expense on the sips ' Colony; but we should not think that this objection would be in itself conclusive. We much doubt, however, whether this course would really remedy the evil. It would not be easy to select many Officers (and 00 or 70 would be required) on whom reliance could more properly be placed, than on some of these Surgeons (and the class is every year increasing), who have carried through the charge of an Emigrant Ship with credit to themselves. And the case of the " Hyderabad" will have shewn that the precaution would not suffice to exclude from the Service improper or unfit persons, since the Surgeon on board that Vessel was one of the very class, from whom it is recommended that we should select. Our own recommendation is, therefore, that the existing practice, which had worked very satisfactorily up to the re-commencement of the New South Wales Emigration, should be adhered to. And we can only assure Lord Grey that we shall use every endeavour for its efficiency. We have, &c, T. W. C. MURDOCH. FREDERIC ROGERS. SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 270, per ship Agricola.) My Lord, Government House, 18th December, 1848. is Dec. 1. I have had the honor to receive your Lordship's Des- ^P^d<,ed patch, No. 101 of the 30th June, 1848, conveying to me Her re Sydney ° Majesty's gracious allowance of the Act of the Colonial Legis- necropolis act. lature, 11 Vict., No. 11, entitled " An xict for the establishment and regulation by Trustees of a General Cemetery near to the City of Sydney, to be called the Necropolis"; and I have to report that the same has been duly notified in the usual manner. 2. Having, in attention to Your Lordship's desire, communi­ cated the substance of the above Despatch to the Right Reverend the Lord Bishop of Sydney, I now deem it my duty to transmit J^.^ to Your Lordship the copy of a communication from the Right Reverend Prelate containing His Lordship's views upon the subject. I have, &c. CHS. A. FITZ ROY. [Enclosure.] BISHOP OF 'SYDNEY TO COLONIAL SECRETARY THOMSON. gir Sydney, l-'tli November, 1S4S. ' I have the honor to acknowledge the receipt of your letter Letter of the 2d instant, transmitting to me by direction of His Excellency acknowledged. the Governor a copy of a Despatch from the Earl Grey. Principal signifieSecretard yth oef allowancState foe ran thde confirmatio Colonial Departmentn by Her ,Majest by whicy ofh this e 748 HISTORICAL RECORDS OF AUSTRALIA.

1848. Act of Council, llth Victoria, No. 11, intituled an Act for the 18 Dec. establishment and regulation of a General Cemetery near to the City of Sydney, etc. Appreciation It is a subject of much thankfulness, and a consideration for by bishop of Sydney of which I am sure that every member of the Church of England decision re will be truly grateful tofind that, in recommending the allowance Sydney of this Act, the Secretary of State proceeded in the full confidence necropolis act. that any thing, of which we could justly complain as offensive to our religious feelings, would be amended, and under that persuasion alone has advised Her Majesty to confirm the Act. I beg most respectfully to assure His Excellency of my sincere conviction that the admission of this principle will remove without much difficulty the objections conscientiously felt by Members of the Church of England to the Act in question; and, as we had but one object in view, that of preventing what we regarded as an infraction of rules of immemorial standing in the Constitution of the Church, we shall be prepared to meet in the most conciliatory spirit every suggestion which may be offered, in compliance with the instructions of the Secretary of State, for the removal of those novel arrangements supposed to be introduced by the Act, which went beyond the limit of regulating temporal concerns, and entered upon a province which, being of a purely ecclesiastical and spiritual nature, we conceive it must be, as it ever has been, the inherent right of the Church itself to administer. I have, &c, EARL GREY TO SIR CHARLES EITZ ROYW.. G. SYDNEY. (Despatch No. 223, per ship Sydney.) 19 Dec. Sir, Downing Street, 19 December, 1848. Approval of I have to acknowledge the receipt of your Despatch and gratuity for its enclosures No. 115 of the 15th May last; and, under the Revd. J. K. AValpole. circumstances there stated, I approve of your having issued to the Revd. Mr. Walpole a gratuity commensurate with the amount of salary due to him to the close of the present year, as late 'Chaplain to the Convict Department, in order to enable him to provide passages for himself and family to this Country. I have, &c, GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 224, per ship Sydney.) Sir> Downing Street, 19th Deer., 1848. Appointment I transmit to you the accompanying Warrant for the of J. Gassell as collector of appointment of Mr. Cassell to be Collector of Customs at Mel­ customs at bourne, Port Phillip, and I have to instruct you to take the Melbourne. necessary steps for the admission of this Gentleman to the Office, to which he has been appointed. I have, &e, GREY. [Enclosure.] [A copy of this warrant* is not available.]

* Note 47. FITZ ROY TO GREY. 749

SIR CHARLES FITZ ROY TO EARL GREY. 1Sig. (Despatch No. 271, per ship Agricola; acknowledged by 19 Dec. earl Grey, 13th July and 5th October, 1849.) My Lord, Government House, 19th December, 1848. 1. With reference to my Despatch, No. 257 of the lst in­ stant, wherein your Lordship was informed of the arrangements I had made for the reception and protection of the Irish Orphan Immigrants whom Her Majesty's Government proposed to send out to this Colony, according to the instructions conveyed to me in Your Lordship's Despatch, No. 35 of the 28th February last, 2. I have now the honor to transmit the copy of a Report, Transmission which I have received from the Sydney Orphan Immigration orphan immi- Committee on the Orphans who arrived here in the " Earl j^fj^ship Grey," and on a complaint, preferred by the Surgeon Super­ intendent of that Vessel (Dr. Douglass), of an imposition alleged to have been practised on the Land and Emigration Commis­ sioners in their selection, which I considered it my duty to request the Committee to investigate. 3. Your Lordship will be gratified to perceive that, notwith­ standing there can be no doubt that Fifty six of these Orphans were girls, or women (for some of them, I am informed, are nearer 30 than 19 years of age) of the most abandoned char­ acter, who set a very pernicious example to the remainder, More Conduct of than two thirds conducted themselves both during the passage Migrants. and since their arrival in Sydney in an extremely satisfactory manner; and, as I took the precaution of shipping those of an objectionable character at once for Maitland and Moreton Bay, so as to separate them as far as possible from the better con­ ducted, I have every confidence that those who have been appren­ ticed and taken service under the guardianship and superintend­ ence of the Committee will prove themselves in their sphere useful and creditable members of the community. 4. As I am aware that considerable pains were taken by the Proof of ^ Land and Emigration Commissioners to ascertain that these preventing Immigrants were properly selected according to the intention impositions. of Her Majesty's Government, one of the Commissioners, Mr. Rogers, having gone to Plymouth to inspect them after they were embarked, and subsequently written both privately and publicly to the Colonial Secretary respecting them, the introduc­ tion of so large a proportion of ineligible characters can only be regarded as a proof of the extreme difficulty of guarding against imposition; but I am convinced your Lordship will concur with me in the opinion that the fact of such an extensive imposition having been practised should not be passed over without notice. I have, &c, CHS. A. FITZ ROY. 750 HISTORICAL RECORDS OF AUSTRALIA. 1848. [Enclosure.] 19 Dec. REPORT of the Orphan Immigration Committee respecting the OTXnimmi- Female Orphans who arrived in the "Earl Grey." gration com- EXTRACT from the Minute of Proceedings of the Committee, dated mittee re female , .„,„ .. „ orphans per fotli December, 1848, No. 9. ship Earl Grey. with reference to the letter from the Surgeon Superintendent of the " Earl Grey " and the accompanying Minute of His Excellency the Governor, which were laid before them by the Chairman on the 10th October last, and with reference also to the further papers which have been placed before them by the Government respecting the Female Orphans by that Vessel, the Committee adopt the fol­ lowing Report r— In his letter dated the 7th October last, Dr. Douglass, the Sur­ geon Superintendent of the Earl Grey, reports to the Colonial Secretary for the information of the Governor that, in the selection of the Orphans sent out in that ship, " gross imposition had been practised upon the Land and Emigration Commissioners "; that, instead of "girls educated in the Orphan Schools in Ireland" (as the Secretary of the Emigration Board in London had led him to expect), the females placed under his charge had been "early abandoned to the unrestricted gratification of their desires and left to conceive as erroneous an idea of the value of truth as of the necessity of personal restraint"; that there are " not wanting among them, who boast of the prolific issue of their vices."; that " Expatriation has been held out to them as the reward of the workhouse and that the professed Public Woman and the bare­ footed little Country beggar have been alike sought after as fit persons to pass through the purification of the Workhouse, ere they were sent as a valuable addition to the Colonists of New South Wales." Dr. Douglass further submits as a matter claiming en­ quiry by the Colonial authorities "the nature of the material afforded to him for the surveillance'' of the females under his superintendence. By the Minute of His Excellency the Governor upon the letter of Dr. Douglass, the Committee are requested "to enter into an investigation of the circumstances brought under notice, and to furnish such a report of the result as may be deemed necessary for the information of Her Majesty's Government and the Colonization Commissioners with a view, if the complaint prove to be well founded, to prevent the absorption of the Immigration funds of the Colony in the introduction of females of such an ineligible description." In pursuance of this request, the Committee examined the under mentioned witnesses, to the minutes of whose evidence they beg to refer, viz.: Henry Grattan Douglass, Esqre., Surgeon Superinten­ dent, Mrs. Maria Cooper, Matron, Mr. Alexander Robertson, Master of the " Earl Grey." Before stating the conclusions to which they have been led by the evidence taken before them, and by the personal observation which they have since had opportunities of making, the committee think it necessary to premise that, although Dr. Douglass may have cause to complain, if led to expect that the females, whom be was appointed to superintendent, would be taken exclusively FITZ ROY TO GREY. 751 from the Orphan Schools in Ireland, yet that the Colonists have no 1848. just ground of complaint at their selection from the Workhouses, lODec. provided that they were carefully chosen, inasmuch as it is ex- Report by pressly stated in Earl Grey's Despatch on the subject that they orphan immi- would be taken from those Institutions. gration com- mittee re. female The Committee were glad to learn from the evidence of Dr. orphans per Douglass that, so far from including in his condemnation all the ship Earl Grey. orphans by the " Earl Grey,' he was able to speak in satisfactory terms of more than two thirds of their number; and that the language used in his letter was intended to apply to about 56 females only, who obtained an approbrious distinction from the remainder of the Emigrants under the title of the " Belfast Girls." That imposition has been practised upon the Commissioners, and that great injustice has been done to the Colony in the selection of these 56 females appears to the Committee to be proved beyond doubt by the strong concurrent testimony of Dr. Douglass, Mrs. Cooper, and Mr. Robertson. From the representations of all three witnesses alike, it is clear that so far from the females in question having been persons " whose education and moral and religious training had been such as to afford a reasonable guarantee that they would become active and useful members of society " here, their violent and disorderly conduct on the voyage, their habits of pilfering and their grossly profane and obscene language were such as to admit of no other conclusion than that they had mixed with the lowest grade of society, and that many of them had been common prostitutes. Nor do the Committee see any reason to doubt the statements made to them that many of these females were not Orphans who had been inmates of the Workhouses for any length of time, "receiving such education as is there given," but that they had merely been passed through those Institutions for the purpose of qualifying them for free passages to this Colony under the Commissioner's notice "that" (to use the expression of one of the witnesses) "they had been swept from the streets into the Workhouses, with a view to their being thence swept out to New South Wales." The Committee have now to direct the attention of His Excel­ lency the Governor to two further matters which have been brought under their notice by Dr. Douglass. Of the so called Orphans, Dr. Douglass represents that two were married women who had run away from their husbands, and that a third had either been married in Ireland or had lived with a man without marriage. 2 Dr Douglass states that two females at least emigrated under assumed names. The statements made by the females themselves to the Immigration Board are as follows:— (1) Mary Wood states that "she came out under the name of Anne Hartley. She was sent by Mr. Senior from the ' Dungannon Workhouse' in the place of Anne Jane Hartley who died. Mr. Senior told her that the name of Anne Hartley was in the book and that she must go under that name." (2) Isabella Davidson states that " she came out under the name of Charlotte Willis. She was sent by Mr. Rae of Dungannon in the room of Charlotte Willis who died. She was told by Mr. Rae to assume the name of Willis." 752 HISTORICAL RECORDS OF AUSTRALIA. 1848. it is obvious that no securities, which may be taken by the Com- 19 Dec. niissioners for the Selection of properly qualified Emigrants, will ReporTby" be of any value, if the individuals approved of by them be per- orphan immi- sonated by others respecting whom they have made no inquiry. grattoncom- Tne Committee have above noticed the injustice done to the mittee re female Colony jn th.e Selection of the females whose character and conduct sMpZw Qrey. have been so strongly and, in the Committee's opinion, so justly stigmatized by the persons placed in authority over them; but they feel that they should not fully discharge their duty, if they did not also point out the grievous injustice, which has been done to those who were really such Orphans as the Commissioners in­ tended to send, in associating them with a number of women whose conduct and conversation were so openly indecent and disorderly as to induce both the Surgeon Superintendent and the Matron to declare that, had they previously known what they were, they would not out of consideration for their own daughters have em­ barked in the vessel. Considering that the landing of the " Belfast Girls " in Sydney would assuredly lead to theirfinal ruin, and being also impressed with the importance of separating them from the remainder of the Orphans, the Committee decided to the proposal of Dr. Douglass that they should be at once forwarded into the Country. Forty seven of them, who were named by Dr. Douglass for the purpose. were accordingly despatched by the Agent for Immigration to the interior, under the charge of persons connected with the Immigra­ tion Department, who were instructed to consign them to the care of the Police Magistrates of the Districts to which they were forwarded, and to explain the circumstances under which they were sent. The Committee have learned with pleasure that, in consequence of the great demand for servants in those Districts, these females, with the exception of one who has given much trouble to the Police Magistrate, have all obtained situations at high rates of wages; and it may be hoped that the" honest and very remunerative employment, which they have so readily found, may be the means of reclaiming them from their former habits, and may lead to their being comfortably and respectably settled. Of the remainder of the Orphans who were received into the Institution in Hyde Park Barracks, the Committee are able to make a very favourable report. Their orderly, obedient and industrious conduct has earned for them the commendation of all persons con­ nected with the establishment, and of the Clergymen who daily visited them there. Many of them, to the personal knowledge of the Committee, have given great satisfaction to the employers in whose service they have been placed; and the few complaints, which have been made, have rather had reference to their ignor­ ance of household work, than to any impropriety of conduct or want of industry. The Orphans were kept in the Institution for one week after tioanqualificationsopersonawersufficienhatheir ditn er bees antha al landingimmediatdlnt rapidl approvetadvicobservatiotho enable., Committeyeie nA hirefro dsneighbourhoodeorde bthnsoomyd e themra th(mosCommitten ne tha ea mighopinioClergymes.tt theotheft the)ynehav y an tweromighomfnde satisf btheioetheiyopportunitief t personope theirrreceivy numbe charactersnthr terespectivso e applicationresiden engagementrreligious waof,s te forminhabit noiChurchessn t instrucs Sydne nearl,swhic gthe anbdyh­, FITZ ROY TO GREY 753 The General Rules, upon which the Committee acted in placing 184S. the females in service, will be seen from the following extracts from i9Dee. the Minutes of the Proceedings :— Report by EXTRACT from Minute of 21 October, No. 48/3. gratfon cmn-" "The Chairman announces that the Orphans were this morning mittee re female landed from the Earl Grey, and lodged in the Institution. The ^^In Grey. Committee then visit that portion of the building in which the Orphans are lodged, in company with Dr. Douglass the Surgeon Superintendent of the Vessel, and personally inspect the Orphans, with whose appearance and manner they express their satisfaction. Having returned to the Committee Room, the Committee proceed to consider the terms on which the orphans shall be hired, and decide as follows :— " (1) That all Female Orphans under Seventeen years of age shall be apprenticed; and that the term of apprenticeship shall in each case cease on the Orphan attaining the age of Eighteen years. " (2) That the wages due to Female Orphans so apprenticed shall be paid to themselves in money by Quarterly Instalments, and that the yearly rate thereof shall in no case exceed Ten Pounds. The Committee are desirous to adopt some arrangement, which would secure the deposit of a certain portion of the apprentices' yearly wages in the Savings Bank; but they fear it would be impracticable to carry out a general regulation to that effect; and they therefore for the present refrain from adopting it." EXTRACT from Minute, 30 October, No. 48/5. " It is resolved by the Committee that the Wages to be paid to Orphan Females by the ' Earl Grey' and hired under ordinary agreements shall be payable in cash monthly and at the rate of Ten Pounds per annum " and " that for such of the Orphans from the ' Earl Grey ' as may be placed in service under Indentures of Apprenticeship, the rates shall vary as follows, viz.:— " For those of Fourteen and under Fifteen yrs. ... £700 " For those of Fifteen and under Sixteen yrs 8 0 0 " For those of Sixteen and under Seventeen yrs. .. 9 0 0" In reference to Dr. Douglass' suggestion that enquiry should be made respecting the material afforded for the surveillance of the females under his superintendence, it is the duty of the Committee to report that Ellen Cowan, who was appointed to act as assistant Matron, was removed from duty in consequence of her utter in­ efficiency, and that she appeared to the Committee to be almost imbecile. As respects the Matron Mrs. Cooper, the Committee have to observe that, although it would have been better had she possessed in addition to her other qualifications the energy of character which is requisite for the effective control of such per­ sons as were placed under her charge, yet that her strict pro­ priety of conduct and demeanour must have had considerable effect in the preservation of good order, supported as she was by so active and experienced a Surgeon Superintendent as Dr. Douglass. To Dr. Douglass, the Committee consider that very great praise is due for the efficient discipline, which he maintained on theSER passage. I. Vol,. a sXXVI— evidence3 B d by the orderly and respectful conduct of the females after their landing, no less than by the direct testi­ mony, which has been borne to it. And certainly Dr. Douglass has reason to be satisfied with the success, which has attended his 754 HISTORICAL RECORDS OF AUSTRALIA. exertions1343. if the belief which he entertained in common with Mrs. 19 Dec. Cooper and Mr. Robertson be well founded that no " Act of Criminality" occurred on the passage, notwithstanding the de­ praved character of so large a proportion of the females under his

care. FRANCIS L. S. MEREWETHER, Chairman of the Committee. I Sub-enclosure No. 1.] MINUTESMinutes of of Evidence taken before the Orphan Immigration evidence re Committee. Thursday, 12th October, 1848. iemaie orpuans ^ ^, . r, x,. , . „ .. n . on ship Earl PRESENT:—F. L. S. .Merewether, Esqre., in the Chair; C. Meholson, Esqre., MX., grev The Revd. Dr. Gregory; The Revd. Robt. Allwood : The Revd. McGarvie; G. P. F. Gregory, Esqre.; A. Cheeke, I>qre. ; J. L. Innes, Esqre., J.P. ; H. H. Browne, Esqre. Henry Grattan Douglas, Esqre., M.D., Surgeon Superintendent of the Immigrant ship "Earl Grey," examined as follows:— By the Chairman: You have reported to the Government that several of the females placed under your charge are supposed to have borne bad characters at home; that they were 'improperly selected ; that their conduct on the passage was very disorderly ; and that they are not likely to turn out well in this colony. Will you have the "goodness to give the Committee more detailed information upon this subject?—There were about 40 or 50 of the class I refer to in my report, who have been by their own admission of the lowest class of society at home ; they have been most indulgent in their habits, and have frequently on board the ship openly charged each other with being public women, and two or three have even gone so far as to state that they have given disease to various persons. These charges have not been denied. When I entered into the engagement to come out to this Colony, I was given to understand by Mr. Walcot that the persons, who would be placed under my charge, were young girls from the orphan schools in the north of Ireland, who are a very decent and well conducted class and make very useful servants; but, when I spoke to the man who attended the women from Dublin to Plymouth, he said they were as bad a set as could be got together and that they were all from the Work-house. 2. By the Revd. Dr. Gregory: When did the vessel sail?—On the 3rd June; durirg the first eight or ten days, most of the people were sick, and I did not pay much attention to the language used by them; but, when they recovered, the difficulty I had with them for thefirst month was extreme as they used the most abominable language, and actually fought with each other. The first case that was brought under my notice was that of Catherine , who attempted to stab another with a fork. Under the date of Friday the 16th of June, I have the following entry in my Journal:—" About 1 P.M. I was called by one of the girls to quell a fight below. I found twofighting, one armed with a fork, with which she threatened to take the life of the other. I ordered her immediately to be placed on the poop. This led to an absolute revolt amongst the Belfast girls, who demanded her release; this I refused and they threatened to rise en masse (the Belfasters) and release her. The Captain assisted me and the row7 was quelled. The girl remained on the poop alone. In an hour, I spoke to her, and, on her expressing her sorrow in tears, I told her to go below, which so soon as the Belfasters saw they cheered. I immediately ordered the girl back and explained to her fellows that I would not permit the" slightest manifestation of approval or disapproval of my conduct. I, therefore, ordered back for which they have only to thank themselves. They were cowed, and in less than half an hour I sent the culprit back to her dinner. The Belfast girls are the worst behaved in the ship." From this time the conduct of the women improved gradually in consequence of a strong hand being held over them; but there were still frequent acts of pilfering and the most improper language was constantly used. 3. By Captain Browne: I believe you have stated that, in consequence of the gross charges that were made by some of. the women against others, you upon one occasion called some of them into your cabin and took notes from their own state­ ments as to the course of life they had been accustomed to lead. Can you inform the Committee what those statements generally were?—Most of these girls had been roving about the country. There was a person on board the ship, a free immigrant named David Smith who came out with his wife, who told me that the Surgeon of the place from where he came, who had been out to this colony as surgeon super­ intendent of an emigrant vessel, said to him that the colonists would not receive these people, they were so bad a set. Scarcely a week passed during the passage that there were not two or three charges of theft, of pilfering articles of clothing as shoes, stockings, petticoats. On one occasion my attention was particularly onldirecteto yhe meanrd upotso nash thyoune eha subjectdg owomaf securin, nsh ewh gtol othem dappeare m.e shd et hao bde fouinr thpetticoate familys waon,y ;tha whet nbein I gspok the FITZ ROY TO GREY. 755 4. By the Reed. Dr. Gregory : Have you reason to think, from the questions you 1S48. put to these parties, there are any of them innocent?—Yes, a great majority of them. 19 rje'c. 5. By Dr. Xicholson : That I believe is not the opinion of the Captain ; he says ' as I understand, that there are not ten?—He must have spoken at random; they Minutes of are not so bad as that. evidence re 6. By the Reed. Dr. Gregory: How many were there on board the ship?—203 female orphans altogether, 186 girls. The greatest part of the Belfast girls are notoriously bad on ship Earl in every sense of the word. Many of the girls had been working in flax mills, others Grey. had been running about the country and begging from door to door. One woman stated that she was married and had run away from her husband, and that it was known when she came out. I have in this list the name of J C , who is a married woman. She does not hesitate to tell you that she and her husband could not agree; he went his way and she went hers, and that she went into the work-house to qualify herself for a passage out here. The authorities would not send anybody out that had not been in the work-house. The next is S Me ; she puts herself down as 18 years of age but acknowledges that she is 21. She was quarrelling with a girl one day, who say, " You, who are a married woman, ought to let me alone, and not attack a poor single girl like me." Having heard this, I sent for her and enquired whether it was a fact. She said she had been married, but her husband was dead and she was going out as a widow. The girls on board, however, say that she was never married to the man with whom she lived. M Me , G M , M B , and M C — were known well in Belfast as public girls; so it was generally said, and they do not themselves deny that they were, as they say " unfortunate." It was reported to me by my constables that, in the quarrels which took place, the women frequently charged each other with having had children; all, however, that I can speak to from my personal observation is that they were for the most part addicted to stealing, and to using the most obscene and gross language; language that no person decently brought up could use. 1. By the Chairman: To which portion of the immigrants do you refer?—Chiefly to the Belfast girls. 8. What is the general character of the other immigrants?—There are some very good girls from the County of Cavan ; indeed they are generally well behaved ; they did not come with the girls from Belfast but direct from Dublin. 9. By Mr. Gregory: Was obscene language used indiscriminately by all ?—No. 10. By what proportion?—By tbe Belfast girls chiefly, and also by some of the Antrim girls. 11. How many were there from Belfast?—36. The girls who came direct from Dublin, I put in a part of the ship away from the others, and they are as good girls as ever came out to .the Colony. 12. By the Chairman : You found it necessary to make a classification in conse­ quence of the very bad conduct of some of the women?—Yes. 13. By the Revd. Dr. McGarvie: Were there any cases of drunkenness on board?— No; such cases could not occur as the immigrants had not access to intoxicating drinks; but several of them were constantly asking the men for it. I have here an extract from my Journal dated lst September, which, with permission of the Committee, I will read: " The Captain complained to me that a girl had stolen half a hundred weight of mouldy bread, which had been placed in the main hatchway for the pigs, and it also appears that one has stolen the ship's cook's sugar from the galley. On investigation, I find that the charge is grounded. I have separated nine of thefirst, an d the sugar stealer, and directed the matron to form two messes of five each to be deprived of their sugar and butter during the remainder of the passage for theft," Which of course I did not cany into effect all the passage. " The Captain says he will bring the matter before the police authorities on om' arrival. Strange beings! they have complained of their bread being mouldy, and, yet so strong is their propensity for, or so little do they think about stealing, that on thefirst opportunit y they steal the very quality of bread they complained of." 14. By Dr. Nicholson: Was there a sufficiency of food given to them?—An abun­ dant supply, besides they complained of the quality of the food given to them and yet took this mouldy biscuit; but it appeared to me that thieving was a part of thievinmfeelinbeinthertheiwaAntrimcoursy18y15 1617 rereasog. oue gnature knownByYower ,gbetweet waTyronenu frobe Dr.stheythe attributfo .;mthelevers n othee Nicholson:Revd.eac ,supposinRevd. th BelfasgreaOavayneh e mepilfere otheot theif Dr.nntDr. tha gthemrangirlsr o sGregory:ntdalHavcontinenc o Gregory:boarl..fro Armaghnothin i eths mTherethadyo wahabitan ugt e. eThid reaso yther theoHo ifthesoutTh.ss neth ewsor n.on Ther e twereCookstowe manotfemales?—e o kinth e overbeliev eyfwerd to wanythievin ocountiecoule nmateriae mant pettgirlItherdo fgyd s havysopportunity?o e walo werar notheftfwae s pointtheese occurregeneral? thinstheveranm t committe ;yykt tho criminathergooddfrom? — stateYes—withou jealousThee. e d.was l—yIt alDown interothint,lwery it anoththfs­ke, ed e 756 HISTORICAL RECORDS OF AUSTRALIA.

1848. Committee, which is that there are several girls who have come out under false names 19 Dec. and who are now desirous of reassuming their true ones. The circumstances under which two of these girls came out were these: the authorities would not send them Minutes of out in thefirst instance , but two girls who were to have come out having died, evidence re these two adopted their names, and were permitted to make up the number. The female orphans names of these girls are A P alias M W and' C on ship Earl W alias J D —. I may again state to the Committee that Mr. Grey. Walcot told me that the immigrants, I should have to take charge of, were girls from the orphan schools in the north of Ireland; had I known their real character, nothing would have induced me to have come out to this Colony and to have brought my wife and daughter in the vessel with them. Mrs. Maria Cooper examined:— 1. By the Chairman: What office were you appointed tofill o n board the " Earl Grey "'?—Matron. 2. By Dr. Nicholson: Your daughters came out with you, I believe?—Yes. 3. By the Chairman: What was the general character of the females under your Charge?—Many of them very good, some exceedingly disorderly. 4. How many good do you suppose there were?—I should say two thirds, or perhaps more than that. 5. You say that the remaining third were very disorderly?—Very disorderly; their language was exceedingly bad, profane beyond description and obscene; of course I refer to the bad ones. 6. By Mr. Gregory: Had the example of those who were bad any effect upon those who were good?—No, further than that the good were disgusted and grieved. 7. I mean had it any injurious effect upon their conduct?—It might have had an injurious effect upon some. Some were not so well conducted after they had been on board the vessel some time as they were atfirst; but upon the whole I do not think they were contaminated. The girls from the various parts have invariably kept together. For instance, the Banbridge girls would not think of associating with the Belfast girls (the Belfast girls were the most exceptionable on board) ; and, if one of them did become acquainted with the Belfast girls, the others would say " You are no longer a Banbridge girl." The Cookstown girls are also very good, quiet girls; there are, however, very few of them. S. By Captn. Brown: Were the girls generally of the description you expected to have charge of?—No, I would not have gone on board the ship or have taken my daughters, had I known what kind of girls they were. 9. What description of girls were you led to suppose you would have charge of?— I was led to believe that they were nice orphan girls. 10. Young or old?—Between 14 and 18 years of age. I was given to understand they were fine, healthy, well conducted girls. 11. By the Revd. Mr. Allwood: Were you told that they were to come from the orphan Schools ?—I do not remember that; but I was told that they were Orphans. 12. By Dr. Nicholson: Many of them are women grown, and some are married, I believe?—'Some say they are married. 13. Have you had any opportunity of ascertaining the previous history or character of these women ; have you heard that some were depraved characters before they left home ?—I have heard them accusing one another of being so, and so and so; but, as to the truth of their accusations, I cannot speak. 14. But, from their bad language and bad conduct, would you think they were depraved?—I should think they had mixed with the very lowest grade of society. 15. That they had been depraved vicious characters?—I should not like to say. 16. By the Revd. Dr. Gregory: They accused each other and their language shewed their accusations were not false?—I should say so. 17. By Mr. Gregory: These accusations were not rebutted. They would deny it to each other ; but they would say nothing but the truth. 18. By Capt. Browne: I understand you to say that you would not have undertaken the charge of these women, had you known their character?—I would not nor would I have permitted my daughters to have come in the ship with them; indeed I would have left at Plymouth if I could have done so. 19. By Dr. Nicholson: Did you express your feelings to the authorities at Ply­ mouth ?—No. 20. Do you think Mr. Rogers had an opportunity of knowing the character of the people there?—I should say not, further than that he was told at Plymouth that they were thieving from each other at the depot. I was told that, and I suppose he heard of it. 21. How long had you been associated with these people before they came out here; how many days?—I cannot say, but the vessel very shortly after I joined The women seldom spoke a sentence without an oath or taking the Lord's nam« in vain. tha22t .I .A althougs well ha sa usin marrieg obscend womane an, dshoul disgustind blusgh language?—Yesto name to another, I hav. e heard things FITZ ROY TO GREY. 757

23. Do you think taking these women generally they arefit t o make good servants 1848. or decent wives ?—I think that many of them, even of those who use this language, 19 Dec. would make clean, industrious servants, if they can govern their tongues and tempers. 24. By Captn. Browne: Do you think they arefit peopl e to admit into respectable Minutes of families where there are children?—No, I have often told them that I could not evidence re conscientiously recommend them. female orphans 25. By Dr. Nicholson: What age is your daughter?—25. oGrey.n shi p Earl 26. Did she assist you on board the ship?—Yes, she acted as assistant matron. 27. Was there much thieving on board?—A great deal of pilfering of articles of wardrobe as well as of provisions. 28. How were these women employed?—We were told before we came out that they had nothing to do, and Mr. Rogers was anxious to get some employment for them; he, therefore, procured some material to be made into shirts, and worsted for knitting stockings and socks on the passage ; but, when I went on board, I found that they had a great deal to do for themselves in the way of altering and mending their clothes. A portion of their time was also occupied in reading. 29. How did you spend the Sundays on Board?—The doctor had service in the morning. 30. You had prayers in the morning?—Yes, the doctor read prayers, and in the afternoon the people were put into classes and instructed. 31. A considerable portion of them are unable to read and write?—I think there are but few who cannot read. 32. Was there any improper conduct on the part of any of the crew in connexion with these females?—I wished to stop all intercourse between the immigrants and the crew, and to prohibit the girls speaking to them; but the doctor thought this was impossible. I do not think there was anything criminal; they would talk together, sit together, and so on. 33. But the regulations were such as to prevent the possibility of any improper intercourse?—Yes, and the doctor has been very watchful over them. He kept a very strict hand over them, not too strict, perhaps in the first instance not quite strict enough. 34. You think the regulations sufficiently stringent to prevent anv improprietv?— Yes. 35. By Captn. Browne: Was your cabin below or on deck?—Below. 36. Therefore you had the opportunity of constantly observing them?—Yes, and in the evening I always walked on deck till they were all gone below. 37. Was there an improvement in the general conduct of these girls during the voyage ?—No. 38. By the Revd. Dr. Gregory: Was your presence any restraint upon them ?— Not very much for being an English woman there was a strong feeling against me, and the girls were constantly crying out that they ought to have had an Irishwoman placed over them. 39. By the Chairman: Had you a separate cabin below?—Yes, a very small one. 40. By Dr. Nicholson: Was there anything in the general arrangement of the ship that struck you as objectionable, anything that you could point out to the Committee with a view to remedying the arrangements in any future ship?—I know of nothing, unless conversation with the men could be prohibited. The girls were regularly below at eight o'Clock and locked up. 41. They never got out of their part of the ship?—Not until they were let out in the morning. 42. By the Revd. Dr. Gregory: Did they mix with the sailors at all?—They used to speak to them on deck. 43. They could not go into the sailors' quarters?—No.' 44. Were the sailors allowed in theirs?—They were never allowed to come between decks. 45. You have gratings over the hatches?—There are gratings all round the hatches. 46. Was there a division in the ship as in the prisoner ships?—No, the women had the whole of the between decks. 47. In the day time when taking exercise, could they mix at all with the sailors? —They could walk up to where the sailors were by the galley. 48. Did you never see the purls in the sailors' forecastle?—Never. 49. By Dr. Nicholson: Did they cook for themselves?—One of the men cooked for them, and they went to the galley. 50. By the Chairman: Did the young women dance with the sailors?—They danced with each other but never with the sailors. 51. By Mr. Gregory: Were they always under the eye of yourself, the doctor or the Captain ?—Yes. 5352. BySo thatCaptn., if Browne:anythin g Diimproped not rth hae womed occurredn rathe, irt defwouly dyou havr eauthority?—Yes been known?—.Yes . 758 HISTORICAL RECORDS OF AUSTRALIA. 1848. S4, ^ou could not have much control over them?—In proof of their insubordina- 19 Dec ti°n> I may mention that only last -evening one of the sailors came on board tipsy ; ' as several of the girls were near him, I ordered them to the other end of the Minutes of vessel; one of them said she would not move. I said " You mu6t do as I tell you." evidence re Sil° replied " 1 suppose if you were to tell me to go to * a certain place ' I must go?" female orphans 55- Did aI,y ot ttle Belfast girls attend your School?—Some of them. It I made on ship Earl a remark to any of them, all I had in return was " Thank goodness, we shall not greu long- have her to bully over us." 56. By Mr. Gregory: How many immigrants were there allowed on deck at a time? —All. 5.. It must have been impossible for one person to have seen what was going on with all of them?—They kept watch over one another. 58. Did the officers generally assist you in maintaining order; did the Chief Mate?—He did not; he made a "little acquaintance with one of the girls. 59. By the Chairman: Was there not some unpleasantness on board yesterday?— Yes, but I was below and did not see it. 60. By Dr. Nicholson: Are not some of the girls engaged to be married to some of the crew?—Some of the girls say so. 61. By the Revd. Dr. McGarvie: Did any particular classification take place on account of the difference of character of the immigrants ?—No. 62. They were all allowed to go together?—Y'es. 63, By the Chairman: Was not some alteration made in the berthing?—In one instance the doctor removed one set and put them by themselves near my end of the vessel. They became very quiet afterwards; they were all classed before I went on board, and this alteration was afterwards made in one mess. 64. By Dr. Niclwlson: What punishment did you adopt when the immigrants behaved improperly ?—-I could adopt none; I only referred to the doctor ; he punished. 65. By Captn. Browne: Then you have not had that assistance from the officers of the ship that you ought to have had?—No; in fact in one case I was grossly insulted. 66. By Dr. Nicholson: By whom?—I do not wish to speak of it, as the doctor may have passed it over ; it was by the second mate. 67. By Captn. Browne: Will you state the circumstances that led to that insult?— It was reported to me by one of the constables that the second mate was seen between decks before they were opened in the morning. I made enquiry among the girls, who were in the part of the vessel where he was said to have been, and found that the Statement was not correct; I therefore said nothing about it; but I suppose some of the girls mentioned it, for the Captain spoke to me upon the subject. I told him it was a false report. A short time after the mate came to me, shook his clenched fist in ray face, and said he would knock my teeth down my throat if I spread false reports about him. I afterwards told the Captain that I expected an apology for the conduct of the second mate, but none was given. 68. Did you ever find the chief Officer in the single females' apartment when he ought not to be there?—I never found him there. 69. AU you complain of is that he was too intimate with one girl ?—Yes. 70. Was he ever checked?—Yes, the doctor spoke to him upon the subject. 71. By Dr. Nicholson: Was she a respectable girl?—Decent in her appearance. 72. Was she a Belfast girl ?—Yes, the one I had been given to understand who was not very good before she came out. 73. By the Chairman: This intimacy was checked by Doctor Douglass?—Yes, the doctor talked to them very nicely, day after day about their conduct. 74. Had the doctor's interference the effect of putting an end to the intercourse between the chief officer and this girl?—I believe the chief officer promised to break off the intercourse, and there was very little afterwards. 75. By Dr. Nicholson: You found that you were generally supported bv the doctor?—Yes, he gave me every support and assistance. 76. You do not find fault with him?—Not at all; he invariably supported my authority and never allowed the immigrants to behave improperly to me. 77. Was there not a second matron?—Y'es, but she did not act. 78. It has been stated that some of the girls stole mouldy bread; had they stantltboardbiscuihavmeaallowancBusufficienwoulo 8081t79lasmene l . .dwit,tor tysometime DiByWa dseanbecaustthtakin hne e sdefood?the Dr.thelookeman thetheithavoyagesomgm em y sNicholson:t eacr edwhe— than gansufficient?—Iomealsmallhaveh. odf ndsuppos maother'theo mad eManasnthe n t, bee mboar weigheeothebu ywh se Ditherthen tclotheshavo dther fI whedknocke generallme dwithouthetimeethesthin y worsewanbeeiha .mfes ak d in d havtgirlawoulcomplain i.y about ou wertheithem?confirme ewens it dsentge r tosufficient leavot complainethallowance f bonnetst—oa repaiNoed ewanfee floor. it,habisoutfit? d .r. bumad . th; t.dSometime tThe but oSometimee ofsome pigf— i., Thetpilferinggirl se instea waIvwoulhav sssthin ha swoulIealtere dd dI havk;beeo givsufficiendhavfthe edndoineae ev; vthought blowthe thtolwertooalgt elm d sonclothe ekdocto asomet ,thet conovethi the thonms­r.e v e FITZ ROY TO GREY. 75H

Captain Alexander Robertson examined:— 1848. By the Chairman: You command the ship "Earl Grey," which lately brought 19 Dec. out female immigrants to this colony ?—Yres. 2. Your position in the ship would enable you to form a pretty good opinion Minutes of of the character of the females brought out by you. What is the opinion you have evidence re formed?—The majority seem very well behaved, but there was some very bad female orphans characters among them, who were bad before they came on board ; they improved on ship Earl wonderfully after thefirst thre e weeks. Grey. 3. What reason had you for supposing they had been bad?—From the conversation that took place among themselves. 4. What was the nature of that conversation?—They were constantly swearing, and using the obscene language that you hear from low women. 5. Did you ever hear them talk of their former days?—I had an opportunity of hearing two, but I cannot recollect their names who were upbraiding one another as to their former conduct. 6. What proportion do you suppose those bad ones bore to the good?—I should say there were at least 50 bad ones. 7. By the Revd. Mr. Allwood: Were those from Belfast?—Yes, chiefly from Belfast. The girls from Belfast are decidedly the worst, coining from a town where I suppose they have been on the streets. 8. By the Chairman : Is it your opinion that these 50 girls have been upon the streets in Belfast ?—I should say there is not a doubt of it. 9. By the Revd. Mr. Allwood: From what should you judge?—From their con­ versation and language. It is true that such language is used by the girls in the mills, but they are as bad as bad can be. 10. By the Chairman: And you think these girls on board your ship are as bad aa bad can be?—Yes. 11. By the Rev. Dr. Gregory: Have you reason to suppose that all the others are good ?—I should say they were. I have never seen anything to the contrary. 12. The others were found to thieve?—That did not come under my notice; the only thing I saw was their quarrelling. 13. In these quarrels did they make use of bad language?—The very worst of language. 14. You are now speaking of the good ones?—No, of the bad. 15. By the Revd. Mr. Allwnod: Had you much difficulty in keeping them in order? —At first we had ; but by carrying it with a high hand and putting one or two of them at a time on the poop we brought them into subjection. At thefirst goin g off, they insulted the doctor ; but this we put a stop to very quickly. 16. By the Rerrl. Dr. McGarvie: There was no thieving of ship's stores?—No, they could not steal them in fact. 17. Was there any stealing among themselves?—Yes. there was petty thieving, such as taking each other's stockings, handkerchiefs and articles of apparel. They had curious ideas upon the subject of stealing ; when they were brought up for it, they would say that somebody had stolen their clothes ; and therefore they had a right to take the clothes of others. 18. Was there any classification on board?—No. 19. By Captn. Browne: Y'ou think 50 of these women would be on the streets if they were landed in Sydney?—Yes, if they can get on shore. 20. Do you think any of them are decent girls, girls fit to go into a family?— Yes, the majority of them. 21. Would you have anv hesitation to take them into your own family?—No. 22. By the Revd. Dr. McGarVif. Do you not think the better girls have been corrupted bv their association with the others?—No; the doctor put them into messes, the bad ones all in one mess; so soon as he found a very bad one "past redemption " as we called them, he put her in No. 1 mess. 23. How many messes were there?—Not above three or four. No. 1 mess was, placed near Mrs. Cooper's part of the vessel. 24. By Captn. Broune: Did they mind Mrs. Cooper at all?—No, she was too delicate a woman to have the control over them. 25. Did not one of them nearly kill the doctor?—No, we had great difficulty in getting one of them up to the poop ladder. 26. What did she do?—The second mate had his thumb put out by her. She regularlv hit out at us. We gave her the name of the " thumb screw " afterwards. 27. You have brought out female convicts to this colony, I believe?—Yes. I have been trading to this colony since 1835, and have brought out both male and female convicts. 28. Which were the worst, the female convicts or these immigrants?—I would sooner bring out these women than Irish convicts; but I would rather bring out English convicts than these. ratheBette3029.r ByDicomtha d thene the somou Rev.vt e behavwit ofDr.h thefemal eGregory: betteprisonerse rconvict thaYo. nu s thinthbecause kprisoner thee wy ebehav shav inee morgeneral?—Yesbettee rcontro thanl th,ove ebu prisoners?r tthem I woul. d— 760 HISTORICAL RECORDS OF AUSTRALIA.

1848. 31. By the Chairman: Did the girls that you have described as good appear to 19 Dec. avoid the company of the others ?—Yes, they kept about the quarter deck; the others edged forward, to the fore part of the long boat. Minutes of 32. By Captn. Browne: I have understood that a great many of these girls are evidence re engaged to be married to the sailors?—Only two that I have heard of. female orphans 33. By the Revd. Dr. Gregory: When so many women were on deck, it must have on ship Earl been impossible to have kept them away from the sailors?—They were not allowed Grey. to go beyond the galley, besides some of the Officers lived forward. I am so con­ vinced that nothing of an improper kind occurred on board that I would almost take my oath of it. The chief protection we had was the number ; they woflld have told of each other. 34. Were all the officers of such a character that you could depend upon them ; might they not invite the women into their quarters and hide them?—I do not think it would have been possible. 35. By Captn. Browne: The chief mate, I believe, was rather too attentive to one of them?—He might have been, but I do not think there was anything wrong^ about it. 36. By the Chairman: Do you think many of these girls would turn out well if they were separated and sent into the country ; these 50 bad ones I refer to ?—Yes, if they were separated, because they are all young and might become reformed! characters. 37. By Captn. Browne: I believe some of them are 3-3 years of age?—One of them. 38. By the Rev. Dr. Gregory: Have you reason to think these women are not from the Orphan Schools ?—I do not believe they ever saw them; they are just swept right out of the Unions in Ireland. 39. By Captn. Browne: You think they are swept from the streets first?—Yes. 40. By the Rev. Dr. Gregory: That they are swept from the streets into the Unions and from the Unions to New South Wales?—Some of them. [Sub-enclosure No. 2.] DR. H. G. DoucfLASs TO COLONIAL SECRETARY THOMSON. Sir, Sydney Harbour, 7th October, 1848. I have the honor to acquaint you of the arrival of the Ship " Earl Grey " with 203 Emigrants,* originally 205, but two died on the passage. Reports re I think it my duty to advise you, for the information of His Excellency the impositions Governor, and through him, for Her Majesty's Government, of the gross imposition amongst immi- which has been practised on the Emigration Commissioners, either by the Local grants on ship Authorities in Ireland, or by those appointed by the Government to select people Earl Grey. as desirable Emigrants to meet the wants and wishes of the Colonists. It was stated to rhe by the Secretary of the Emigration Board in London, that these persons were Orphan Girls, who had been educated in the Orphan Schools in Ireland, and selected with care for the benefit of the Colony. I regret to say that the Emigrants of the " Earl Grey " do not come under this description ; on the contrary, early abandoned to the unrestricted gratification of their desires, they have been left to conceive as erroneous an idea of the value of truth, as they have of the necessity of personal restraint, and there are not wanting amongst those who boast of the prolific issue of their vices. Expatriation has been held out to them as the reward of the Workhouse, and the professed Public Woman and barefooted little Country Beggar have been alike sought after as fit persons to pass through the purification of the Workhouse, ere they were sent as a valuable addition to the Colonists of New South Wales. They are objects for our Pity, not for our condemnation; but the system, under which such a selection was made, surely demands a most rigid examination. I have, however, the great gratification to state that, whilst under my care on board the vessel, no act of Criminality has taken place. The nature however of the " material " afforded to me for their surveillance claims a strict investigation from the Colonial authorities. I shall be most willing to afford any information in detail you may think necessary to require of me. T i,avr &r HENRY G. DOUGLASS. M.D., Surgeon Superintendent of the Emigrant Ship " Earl Grey." Minute of the Colonial Secretary on the foregoing letter. Reference of I CONCLUDE that this should be sent to the Immigration Agent for the purpose of letter to orphan being laid before the Orphan Immigration Committee with a request that they committee. will be so good as to enter into an investigation of the circumstances here brought under notice, and will furnish such a Report of the result as may be deemed neces­ sary for the information of Her Majesty's Government and the Colonization Commis­ sioners with a view, if the complaint prove to be well founded, to prevent the absorption of the Immigration Funds of the Colony in the introduction of females of such an ineligible description. * Marginal note.—1959tApproveh females,Octoberd 10th:—C.A.F. 4 males 4 .females (married people)—203. GREY TO FITZ ROY. 761

SIR CHARLES FITZ ROY TO EARL GREY. 1848. ._ 20 Dec. (Despatch No. 272, per ship Agricola.) My Lord, Government House, 20th December, 1848. At the request of the Very Reverend Dr. McGarvie, Application for Moderator of the Synod of Australia, I have the honor to forward o^fn/nuctlpn' through your Lordship an application from the Moderator, of Presbyterian addressed to the Venerable the Chaplain General of Her Ma- SC jesty's Forces, for a portion of the sum stated to be appro­ priated hy Her Majesty's Government for providing the means of Religious instruction to Presbyterian Soldiers in the British Colonies. I have, &c, [Enclosure.] CHS. A. FITZ ROY. [A copy of this paper is not available.]

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 225, per ship Sydney.) Sir, Downing Street, 21 December, 1848. 21 Dee. In my Despatch, JSTo. 160 of the 13th of September last, 1 Reference to explained to you that it had not been intended to hold out to all passages for Convicts indiscriminately the indulgence of sending out to fa™^i^of them their wives and families, and that, as I feared it would be impossible to comply with the whole of the applications which you have forwarded, a selection would be made of them which, in the absence of any other Grounds of distinction, would be based chiefly on the dates of their transportation. 2. Since only a few of the Lists received from the Colony furnish this date, the first step which I took was to refer the re- Delay in mainder to the Home Department, with a view to rendering them required^tV complete in this respect; and some time was required, especially applications. in Irish cases, before this information could be supplied. I have now however obtained in a complete shape the Eight Lists trans­ mitted in your Despatches of the numbers and dates mentioned in the margin,* containing the names of Families amounting in all to 752 persons. 3. Further Lists have since been received from you in your dispatches of the numbers and dates noted in the marginf con­ taining the names of 104 persons, but much time may elapse before upon them the required particulars can he obtained complete. * Marginal note.—So. 219, 12 Oct., '47; No. 251, 21 Dec, '47; No. 8, 10 Jan., '48- No 54 29 Feb., '48; No. 74, 29 March, '48; No. 122, 22 May, '48. {Marginal note.—So. 163, 22 July ; No. 148, 24 June, 1848. 762 HISTORICAL RECORDS OF AUSTRALIA.

1848. 4. On the whole, these applications have proved less numerous 21 Dec. than was at first apprehended, and, the liberality of Parliament Appropriation having this year placed Ten Thousand Pounds at the disposal for passages of families of of Her Majesty's Government for the conveyance of Convicts' convicts. wives and families to the Australian Colonies, I have resolved that, after providing for the fair claims of Van Diemen's Land in respect to .-the recommendations received from that Island, all the persons on your Lists, whom the remaining Funds will convey, shall be Granted a free passage in order to avoid as much as possible disappointing the poor people whose expectations have been raised on this subject. Selection from 5. The selection of the persons first to be taken out will be applications. made as before mentioned according to date; but, as there have not been the means of ascertaining the exact date of transporta­ tion of those Convicts respecting whom the fact was not stated in the Lists sent from the Colony, it has been necessary in the majority of cases to be guided by the dates of their sentences. Proceeding by this rule, it appears that, of 752 persons recom­ mended in the 8 Lists from you above referred to, 671 are the relatives of Convicts sentenced or transported subsequently to 1830. I have authorized' the Commissioners of Emigration to communicate with and send out these persons without delay; and if, after a few weeks, the Commissioners find that the numbers of them who can be traced at their addresses are much short of the whole numbers, I have instructed them that they may pro­ ceed to make enquiries for the families of Convicts of earlier dates in the same Lists. 6. The want of the requisite information has rendered it un­ avoidable to dismiss from this arrangement the persons com­ prized in the later Lists, referred to in paragraph 3 of this Des­ patch; but, should any further grant be hereafter made, their cases and those of any persons, who may have had reason to form hopes of this indulgence through recommendations granted by you, will receive the best consideration which the means at the disposal of the Government will admit. j have &c GREY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 273, per ship Agricola ; acknowledged by earl Grey, 21st May, 1849.) My Lord,' Government House, 21st December, 1848. With reference to my Despatches, Nos. 113 of 13th May and 175 of 5th August last, on the subject of certain sums which had been remitted to the Colonial Agent General, but which FITZ ROY TO GREY. 763 had not been carried to the credit of the Colony, in the matter 1848. 21 Dec of which I reported that the sum of £3,410 2s. 9d. still remained to be credited to the Colony. 2. I have now the honor to enclose copy of a letter from the Remittances Colonial Auditor General, stating that portion of the sum, accounts of amounting to £2,200 14s. 8d. had since appeared credited in the agent-general. Colonial Agent's account for the Quarter ended on the 30th June, 1848, leaving the sum of £209 8s. Id., remitted on 5th March, 1S46, still to be credited to the Colony. I have, &c, CHS. A. FITZ ROY. [Enclosure.] MR. \Y. LITHGOW TO COLONIAL SECRETARY THOMSON. Sir, Audit Office, Sydney. 16th December, 1848. With reference to mv letter No. 128 of lst May. 1848, re- Report by specting certain sums amounting to £5,928 3s. 2d., which has been ^^fresTn remitted in advance to tbe Colonial Agent General, but which account, of appeared not to have been placed to the credit of the Colony in agent-general. that Officer's Accounts up to the 30th September, 1847; and to my Subsequent letter No. 178 of the 12th June last, reporting that a portion of these Sums, amounting to £3,518 0s. 5d., had since appeared credited in the Colonial Agent's Account for the Quarter ended the 31st December, 1847, I have the honor to state, for the information of His Excellency the Governor, that a further portion, viz.: For Stationery and Drawing Materials remitted on the 4th Novr.. 1846 £2,165 14 X Instruments for Surveyors of Distilleries. Do. 28 0 0 Two Ledgers for the Colonial Store, Do ... 7 0 0 amounting to £2,200 14 8 has been credited by Mr. Barnard in his Account for the Quarter ended 30th June. 1X48. leaving the Sum of £209 Ss. ld. remitted on the Sth March. 1846. for the purchase of Type and Printing Materials, Still to be credited to the Colony. I have, &c, WM. LITHGOW. Aud. Gl. SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 274. per ship Agricola.) My Lord, Government House, 21st December, 1848. I have the honor to acknowledge the receipt of your Lord- ^spateh^ ship's Despatch, No. 22 of the 10th of Feby. last, transmitting ' the copy of a letter from the persons named in the margin* containing an application for information relative to Mr. Charles Gray, who is stated to have left England for this Colony some years' ago, but has not been heard of by his friends since 1836. 2. Having, in compliance with your Lordship's desire, in- £eP°/^c stituted the necessary enquiry for Mr. Charles Gray, I have now the honor to inform your Lordship that it appears by a Report

* Marginal note.—Revd. Geo. Gray ; Revd. H. Gray. 764 HISTORICAL RECORDS OF AUSTRALIA.

1848, recently received from the Police Magistrate at Moreton Bay, 21 Dec. that Mr. Charles Gray has been a resident in that District for Report re C. Gray. nearly six years and is now employed as Master of the Ketch " Aurora," trading between the Port of Brisbane and Wide Bay. 3. I beg to add that a letter has been addressed to Mr. Gray by the Colonial Secretary of this Government, apprizing him of the enquiry made respecting him by his friends in England, and of their not having heard from him for several years. I have, &c, CHS. A. FITZ ROY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch marked " Military, No. 22," per ship Sydney; acknow­ ledged by Sir Charles Fitz Roy, 15th August, 1849.) 22 Dec. Sir, Downing Street, 22nd of December, 1848. Despatch I have to acknowledge the receipt of your Dispatch, No. 140 acknowledged re grounding of of the 10th of June last, and of its enclosures, reporting the H.M. ship circumstances under which Her Majesty's ship " Inflexible" Inflexible. was run aground in the Harbour of Port Jackson on the 16th January, 1847, when in charge of Lieutenant Moriarty, R.N.,. the Master of Port Jackson. Censure on It is much to be regretted that Lieutenant Moriarty should! Moriarty. have ventured, at a very low time of the Tide, to steer Her Ma­ jesty's Vessel through the narrow Channel on which she was run aground. The result has shewn that, in undertaking that operation, he was unfitted for the task by his want of knowledge of that part of the Harbour, and therefore he must be held to have been guilty of imprudence. At the same time, I am not unwilling to leave it to you, in concert with the Executive Council, after deliberately recon­ sidering all the circumstances of the case, to decide whether the fault committed by Mr. Moriarty may not fairly be admitted to be redeemed by his general skill and good conduct, and whether with a due regard to the public interest he can be per­ mitted to retain his present situation. I have, &c, GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 227, per ship Sydney; acknowledged by Sir Charles Fitz Roy, 16th July, 1849.) 23 Dec. Sir, Downing Street, 23 December, 1848. Despatch I have not failed duly to consider the important questions acknowledged. involved in your Despatch, No. 86 of the 5th of April, respecting the suspension of the measure for transferring the Convicts GREY TO FITZ ROY. 765 under the immediate charge of Government to V. D. Land, and 1848. respecting their future management in New So. Wales. Before 23 Dec' I could reply to this Despatch, it was necessary that I should consult other Departments of Govt, both on the questions of Expenditure involved in the measure to be considered, and also the question of Convict Discipline. 2. I must at the outset express to you my satisfaction at the Approval of ready aid lent by yourself and the Officers of your Government given to to the Comptroller Genl. of V. D. Land Convicts, on his being T' S' HamPton' despatched by Sir Wm. Denison to inquire into the practica­ bility of substituting some better arrangement for the proposed removal of New So. Wales Convicts into the neighbouring Colony. I also am glad that you did not hesitate to acquiesce in the suspension of this measure, although naturally leaving the main responsibility for that course on the Lieut. Govr. with whom it originated. 3. I now enclose a Copy of the Despatch which I have addressed on this subject to Sir W. Denison, by which you will see that Approval of I entirely approve of this proceeding. You will also perceive that re disposal of H.M.'s Govt, adopt the suggestions offered by Dr. Hampton, south Wales. and provisionally assented to by you; and that, as regards Con­ victs whom it might be necessary to remove from New So. Wales to Norfolk Island (so long as a Penal Establishment is there maintained), it is my opinion that such Convicts should continue to be returned to the Colony from which they came, the charges of their conveyance and of their detention and maintenance at Norfolk Island being defrayed by this Country. 4. The despatch thus enclosed contains so explicit an intima­ tion of the views of H.M.'s Govt, on the general questions con­ nected with the future provision for Convicts remaining in N. S. Wales, that it is unnecessary for me to say more in the present communication than that I approve of the various arrangements of detail, reported in your Despatch now under acknowledgment. 5. There is, however, one point on which I have to make a further remark. You state that a small Establishment remains necessary for the superintendence of Convicts chargeable to this Country, and this may probably continue to be the case, so long as there is any considerable number of such Convicts. But as P™^^^ the number is rapidly diminishing, while the Colony will always 0f convicts by require to keep up an Establishment at its own expense for the establishment. control of offenders convicted there, it appears deserving of con­ sideration whether it may not become the most convenient 766 HISTORICAL RECORDS OF AUSTRALIA.

1848. arrangement that the whole Duty should be provided for by one 23 Dec. Colonial Establishment in N. S. Wales, a rateable payment being Proposal for superintendence made by the British Treasury for such men chargeable to this of convicts by Country as come within its superintendence. I should be happy colonial establishment. to receive any observations which may occur to you on this subject. j have> &c.; GREY. [Enclosure.] EARL GREY TO SIR WILLIAM DENISON. Sir, Downing Street, 22 December, 1848. Despatches 1. I have the honor to acknowledge, your Despatches No. 183 acknowledged of the 31st December, 1847, and No. 73, of the 10th of March last, re proposed with respect to the transfer which was intended to be made of Con­ transfer of convicts to victs from New South Wales to Van Diemen's Land, and the Tasmania. measures that have been proposed for dispensing with its neces­ sity. Before I could reply to these Despatches, it was requisite that I should communicate with the Board of Treasury on the Approval of questions of Expenditure involved in your recommendations. inquiry by 2. The first step, I have to take, is to express my sense of the J. S. Hampton discretion which you exercised in authorizing Dr. Hampton, on at Sydney. his return from an inspection of Norfolk Island, to touch at Syd­ ney, in order to consult with the proper Authorities there and endeavour to frame some fitting substitute for the contemplated transfer of Convicts from thence to Van Diemen's Land. In directing the adoption of that measure, Her Majesty's Govern­ ment had no other object in view than to convey the few Con­ victs then remaining under the direct charge of the Government in New South Wales to another Settlement, where alone it was pro­ posed to maintain any Establishments for the Superintendence of Convicts, and where it was expected that the numbers of these imported Convicts would be too small to be of any perceptible effect in the general mass of the convicted population. But. when you found the general dissatisfaction which this Proposal excited in Yan Diemen's Land, supported, as I readily admit it to have been, by some arguments of a weighty nature, you judged rightly in taking upon yourself the responsibility of suspending the mea­ sure, and instituting an enquiry to ascertain what other course might best be substituted for it. 3. Dr. Hampton's knowledge both of the principles and details of the service, aided by the information which was readily fur­ nished to him at Sydney, afforded the best means of bringing this enquiry to a successful conclusion. Convicts in 4. I gather, from the returns furnished by the Colonial Secre­ New South tary at Sydney, that at the time when the Authorities there were Wales. ready to carry the proposed transfer of the Convicts into execu­ tion, the number to be removed would have consisted of 368 per­ sons, who might be classified as follows:— 1. Lunatics and Invalids, 217; 2. Men in Irons, 104; 3. Under Cumulative sentence at Cockatoo Island, 33; 4. Females in the Factories, 24—378. GREY TO FITZ ROY. 767

Such being the classes to be dealt with, Dr. Hampton's leading 184S proposals, as summed up in the letter from the Colonial Secretary 23 Dec. of New South Wales, dated 14th of February, 1848, and acquiesced in provisionally by the Government of that Colony, are as follows :— j™^ Hampton lst. That the lunatics, invalids, and Convicts serving under for disposal of Colonial Sentences, cumulative on their original sentences, but convicts. which would otherwise have expired, be retained in New South Wales. 2nd. That Convicts under punishment for less periods than six months be retained in New South Wales, but provided with food and clothing at the expense of the British Treasury. 3rd. That female convicts, who may be deprived of their tickets of leave, or returned from hired service, be Kept at the invalid and lunatic establishment at the expense of the military chest, until again eligible for indulgence. 4th. That all other Convicts maintained at the expense of the Home Government, while under punishment for periods exceeding six months, be removed by the Van Diemen's Land Government to Norfolk Island, and, pending the decision of the Secretary of State, retransferred to New South Wales when again eligible for indulgence. 5th. That male Convicts, whose tickets-of-leave may be cancelled, be retained at Cockatoo Island, and supplied with food and cloth­ ing by the Commissariat, until they can be removed by the Van Diemen's Land Government to Norfolk Island, with a similar understanding that they are to be returned to New South Wales when eligible for indulgence. 5. I have to inform you that this arrangement appears to me Approval of extremely well considered and judicious, and that it meets entirely proposals. with the assent of Her Majesty's Government. As regards the Expenditure, it is of course no more than just that this Country should defray any inevitable charges incurred for Prisoners, while fulfilling the term of the sentence which they received for Crimes committed in the United Kingdom, or going through any additional period of punishment to which it may have been requisite, before the expiration of their first sentences, that they should be con­ demned. These are expences directly occasioned by having sent the Criminals to the Colony for the convenience of this Kingdom, and form part of the cost of the punishment of Transportation. There are only two particulars, on which it is requisite that I should give you more specific directions for your guidance. 6 I think that it will be preferable, and more consistent with Convicts sent to the' general principle of the present arrangement, that any Con- ^foJ.^^ victs. sent from New South Wales to Norfolk Island for Special t0Ke w South punishment, should, at the end of their period of coercion there, Wales. be' returned to the Colony from which they came, rather than be removed to Van Diemen's Land, their conveyance as well as the cost of their detention and maintenance at Norfolk Island being equally defraved bv this country. The measure provisionally adopted on that subject therefore will remain in force, so long as there continues to be a Penal Establishment at Norfolk Island. 7 But this brings me to the next point I have to notice, vizt., Problem of the'question whether any Establishment at all should be kept up ^XbTish- at that place. You are aware of the objections which have been ment at Norfolk felentertainet more dstrongl in thiys nCountro douby t tion it consequencs maintenancee of. enormitiesThese hav, ewhic beehn island. 768 HISTORICAL RECORDS OF AUSTRALIA.

1848. may partly be ascribed, as has been shown by yourself and Dr. 23 Dec. Hampton, to adventitious causes, and are inseparable from this Problem of locality. A large portion of evil for instance, it must be admitted, maintenance of was owing to the mixture of the worst and oldest offenders with penal establish­ the new Convicts introduced direct from this Country; another ment at Norfolk island. great source of evil was the crowding into the Island of so many Prisoners that the Buildings would not admit of their proper classification. These, however grave, were also temporary and remediable defects. And it must be acknowledged that Nature herself has rendered the Island one of the securest of places of detention, cutting off any hopes of escape, and precluding the risk of Bushranging with its long list of attendant Crimes. 8. Whilst, however, I admit the force of these and many other considerations urged in the able and impartial report from Dr. Hampton, which accompanied your despatch, No. 72 of the 15th of March, there must always remain the objection, to which I attach very great weight, of the remoteness of the Island from the Seat of Government and from ordinary Society. This must at once prevent any frequent inspection by the higher Officers of Govern­ ment, and must always involve the risk of abuses occurring, which may remain for a long time undiscovered. For these reasons, I confess, I should still be most anxious to find some suitable sub­ stitute for even the reformed Establishment at Norfolk Island. 9. But, without entering further into the general question here, it is enough for the present purpose to say that the representations you have made satisfy Her Majesty's Government that a Station at Norfolk Island cannot at present be dispensed with, and that, so long as this Establishment remains, we approve of Dr. Hamp­ ton's proposals as to the manner of dealing with Convicts sent thither from New South Wales. And it ought no doubt to qualify Approval of the reluctance, which may be felt to retaining any Station at this principle of Island, that it is recommended after a personal inspection by an reductions in Officer of such extensive experience as Dr. Hampton has now had convict department. an opportunity of acquiring. 10. It only remains for me to advert to the course, which, in the latter part of your despatch, No. 73 of the 16th of March, you explain that you have adopted in the reductions consequent on the amalgamation of the New South Wales and Van Diemen's Land Convict Departments. Having consulted on the subject with the Lords Commissioners of the Treasury, I have to approve of your having retained those Officers, who had been longest in the service, whether in the one Colony or the other, taking for granted that you have been careful not to extend the benefit of this rule to any Officer whose efficiency there might be reason to doubt. SIR CHARLES EITZ ROY TO EARL GREY.I have, &c.,' (Despatch No. 278, per ship Agricola.) GREY. My Lord, Government House, 23d December, 1848. I have the honor to inform Your Lordship that I have given authority to the Collector of Customs at this Port to allow GREY TO FITZ ROY. 769 Two Casks of French Wine presented by the Commander of 1848. the French Whaler "Elizabeth" to the Consul for France at 2!^10, Sydney to be landed here on the payment of the usual duty. Exemption C, n Jl TT7- • • 1 i . , 'r0m ^ty 0I 2. Cargoes ot Wine are not permitted to be imported into this wine for Colony in French Vessels; but, under the representation made Flenchconsul- to me, through the Collector of Customs, that the wine alluded to was not brought here as Merchandize but formed part of the Vessel's Stores, and, being of a particular, quality, was intended as a present for the private use of the Consul, I have taken upon myself to sanction its admission. 3. The Collector of Customs will report the case as usual for the information of the Commissioners of Customs and the Lords of the Treasury. r havej &e_; CHS. A. FITZ ROY. EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 228, per ship Sydney.) Sir, Downing Street, 24 December, 1848. 24 Dec. I have to acknowledge the receipt of your Despatch, Despatch No. 157 of the 17th July last, with its enclosures, and a Petition acknowledged. from Mr. Assistant Surveyor McCabe, who prays that, for the reasons assigned by him, he may be allowed to receive the dif­ ference between the amount of pay and allowances, to which he would have been entitled, had he continued on the full pay of the Survey Department according to the rate mentioned in his letter of appointment and of his retaining Salary, and the emoluments which he has derived from working as a Licensed Surveyor for private individuals from the lst February, 1844, to the 31st October, 1845. You will inform Mr. McCabe that I have duly considered the Refusal to circumstances of his case; but that I regret that it is not in my F^Mc^abe.01 power to accede to his request. I have, &c, GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 229, per ship Fitz Roy.) Sir Downing Street, 24 December, 1848. I have to acknowledge the receipt of your Despatch, Despatch e d,?ed No.' 160 of the 20th of July last, enclosing a Petition addressed *fpr^s t to The Queen by certain inhabitants of the District of Maitland, against intro- praying that Her Majesty will be pleased not to allow any more «exiles." Exiles to be sent to New South Wales. You will acquaint the Memorialists that I have laid their Petition before The Queen, and that Her Majesty was pleased SEK. I. VOL. XXVI—3 0 770 HISTORICAL RECORDS OF AUSTRALIA.

1848. to receive the same very graciously; but, as the views of Her 24 Dec. Majesty's Government on this question were fully explained in my Despatch of the 8th September, No. 156, I have considered it unnecessary to advise Her Majesty to issue any instructions on the subject. I have, &c, GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 231, per ship Sydney.) Sir, Downing Street, 24 December, 1848. Correspondence I herewith transmit for your information and guidance transmitted. copies of the enclosed letters and their enclosures from the Board of Treasury, having reference to various arrangements connected with the Customs Establishment in New South Wales. I have, &c, [Enclosure No. 1.] GREY. MR. G. J. PENNINGTON TO UNDER SECRETARY STEPHEN. Sir, Treasury Chambers, 31 July, 1847. With reference to the communication from the Colonial Office, dated 4th June, 1846, relating to certain Additional Ap­ pointments authorized by the Governors of New South Wales in Report transmitted. the Customs Department at Sydney, I am to transmit herewith, for the information of Earl Grey, extracts from a Report of the Commissioners of Customs on this subject, and copy of the com­ munication their Lordships have made to the Commissioners of Customs in reply thereto. j am &c G. J. PENNINGTON. [Sub-enclosure No. 1.] MR. C. E. TREVELY'AN TO COMMISSIONERS OF CUSTOMS. Approval of Gentlemen, Treasury Chambers, 30th July, 1847. appointments With reference to your Report, dated 9th Instant, Xo. 1127, I am to acquaint in customs you that their Lordships have seen no ground to disapprove of the Employment department. authorized by the Governor of New South Wales of the Additional Officers in the Customs Department at Sydney, specified by you. I am further to state to you that their Lordships conceive it to be advisable that the arrangements reported hy the Governor should be only provisionally sanctioned, until the result of any further proceedings that may have been suggested by Mr. Barnes for the adoption of the Government of New South Wales shall have been ascertained, but that in the meantime there has not appeared to their Lordships to be any objection to the nomination stated to have been made by the Governor to.the Additional Offices. j j,ave &„ C. E. TREVELYAN. [Sub-enclosure No. 2.] EXTRACT of Report from Commrs. of Customs, dated 9th July, 1847, Proposals No. 1127. re customs " May it please your Lordships, establishment " Your Lordships having in the Month of June, 1846, referred to us a at Sydney. Letter from Mr. Stephen, transmitting, by desire of Mr. Secy. Gladstone, a copy of a Despatch from the Governor of New South Wales, reporting that, in consequence of the opinion expressed by Mr. Barnes the Collector of Customs at Van Diemen's Land, who had been directed by us to make a special inquiry into the state of the Customs Department at the Port of Sydney, that the present Establishment of Landing Waiters at Sydney was inadequate to the business of the Port, he had made two new Appointments to that branch of the public Service, at Salaries in each instance of £200 per Annum. GREY TO FITZ ROY. 771

" We beg leave with reference to our Report to Your Lordships of 19 June, 1848. 1846, Xo. 993, to annex a statement marked A, shewing the Customs Establishment 24 Dec. as approved by Your Lordships' Warrant of 27 March, 1841, for the Port of Sydney, New South Wales, and to state that we have recently received the report of Mr. Proposals Barnes, detailing the result of his enquiry at Sydney, from which it would appear re customs that, in consequence of the great extent of Trade at that Port, it is necessary that establishment the Services of the two Additional Landing Waiters and Searchers, who had been at Sydnev. temporarily employed with the sanction of the Governor should be continued, and that they should be permanently established. " It would also appear to be necessary, in consequence of the increase of business in the Warehousing Department, that the Warehousekeeper should be allowed a Clerk, and that the Services of an Additional Locker should be granted. " Under these circumstances, we have, therefore, to recommend that the following Additional Officers be placed upon the Customs Establishment of the Port of Sydney, vizt.:— " 5th Landing Waiter and Searcher at £200 per annum. "6th Do do 200 „ " Clerk to Warehousekeeper ' 100 ,, ,, " 4th Locker 100 >• " Mr. Henry Callander is described in Statement annexed as " Acting 4th Landing Waiter, 24 years of age, £200 salary, appointed 28 Jany., 1846, active, intelligent, very capable, and respectable, and afforded Mr. Barnes essential Service in his enquiry." [Enclosure No. 2.] MR. J. PARKER TO UNDER SECRETARY MERIVALE. Sir, Treasury Chambers, 13th December. 1848. With reference to the communication addressed to Sir James Stephen by direction of this Board on the 31st July, 1847, on the subject of the Custom Establishment at Sydney, New South Wales, I am commanded by the Lords Commissioners of Her Ma- Letter jesty's Treasury to transmit herewith, for the information of transmitted. Earl Grey, copy of a further communication, which My Lords have directed to be made to the Commissioners of Customs respecting that Establishment. I am, &c, J. PARKER. [Sub-enclosure.] MR. J. PARKER TO COMMISSIONERS OF CUSTOMS. Gentlemen, Treasury Chambers, 9th Deer., 1848. The Lords Commissioners of Her Majesty's Treasury having had under con- Appointments sideration vour Report dated 18th Ultimo, No. 1746, I am commanded to acquaint in customs you that My Lords approve of the transfer of Mr. Arthur Rolleston from the estab- department lishment at' Grenada to the appointment of third Landing Waiter and Searcher at at Sydney. Sydney, New South Wales. And, with reference to your Report of the 9th July, 1847 No 1127, and to the communication made to you by this Board's direction on the 30th July following on the subject of the establishment at Sydney, I am at. the same time further to acquaint you that my Lords do not deem it necessary any longer to defer the addition of the authorized Establishment of the Offices of 5th and 6th Landing Waiters and Searchers, of Clerk to the Warehousekeeper, and of 4th Locker, and the confirmation of Mr. Henry Callender, Mr. J. De Courcy Bremer, Mr Isaac Blake and Mr. R. Bingham Sheridan, in the several appointments they were stated in the Report B, annexed to that Report, to be provisionallyfilling, an d my Lords have giveEARn thL eGRE necessarY TyO directionSIR CHARLEs in thesS eFIT respectsZ ROY. . I am, &c, (Despatch No. 232. per ship Sydney.) J. PARKER, 25 Dep g;r Downing Street, 25 December, 1848. - e ' I have had under my consideration your Despatch, No. 103 ° k«dged of the 3d of May last, with its enclosure, respecting the claim of Lieutenant Martin, R.N., to an additional Grant of 640 acres 772 HISTORICAL RECORDS OF AUSTRALIA.

1348. of Land in New South Wales; and, on a review of all the facts 25 Dec. of the case, it appears to me that the Claimant is only entitled Refusal of to the benefit of those Regulations, which were in force when he gran"fonraUandfinally Settle d in the Colony, and not to those which he found A. Martin. there when he visited it in 1829; nor am I able to regard as carrying any weight the intentions, which were entertained by him at the earlier period. I, therefore, concur in your opinion that it is impossible to accede to Lieutenant Martin's request, and you will make a communication to him to this effect. I may further remark that Lieutenant Martin is mistaken, when he states that the Regulations of 1826 and 27 were still in force when he reached the Colony in 1832. j jjave &c GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 238, per ship Sydney.) Sir, Downing Street, 25 December, 1848. Letter The enclosed is a Copy of a letter, which has been transmitted. addressed to me by Mr. Miles, M.P., asking for information in regard to the fate of Mary Ann Pike, who left this Country for New South Wales in 1840, and has not since been heard of; and I have to request that you will endeavour to ascertain what may have become of this young woman and inform me of the result- I have, &c, [Enclosure.] GREY. MR. W. MILES TO EARL GREY. East Somerset, My Lord, Leigh Court, Bristol, 7th Deer., 1848. Request for A daughter of one of my tenants, named Mary Ann Pike, report re M. A. Pike. left this Country in the month of August, 1840, in the Ship " Ruby,'' Myhill, Master, from Bristol for Sydney, New South Wales, where the vessel arrived 31st January, 1841. As no letter nor any description of information has been re­ ceived from this young woman, a feeling of considerable uneasi­ ness is experienced on her account by her parents in this Country; and, as I have been informed that it is customary with your Lord­ ship on such occasions upon application to instruct the Governor of the Colony to obtain the required information, may I, therefore, take the liberty to request that Your Lordship will be pleased to ask Sir Charles Fitz Roy, the Governor of New South Wales, to order the Police authorities in the Colony to ascertain through advertisement in the Sydney Gazette the fate and position of the said Mary Ann Pike, and to forward the same to your Lordship for transmission to me. j remaln> &e^ * WILLIAM MILES, M.P. FITZ ROY TO GREY. 773

EARL GREY TO SIR CHARLES FITZ ROY. 1848. (Despatch No. 234, per ship Sydney.) 26 Dec' Sir, Downing Street, 26 December, 1848. I have received from Archbishop Polding a Letter, dated Letter received r Sydney, the 17 of June last, stating that you had communicated b?shoP poiding. to him my answer to his former application respecting the land, which he desired should be set apart in the Colony for the establishment of a College for Ecclesiastical Students connected with the Roman Catholic Church; and he now requests that some buildings hitherto appropriated to the Convict Service may be given up to him for the same purpose. You will acquaint His Grace that his Letter has reached me, but you will at the same time express my regret that his neglect of the established rule of Official Correspondence has deprived me of the power of considering his application without referring it back for your Report. I have, &c, GREY.

EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 235, per ship Sydney.) Sir, Downing Street, 26 December, 1848. I have to acknowledge the receipt of your Despatch, Despatch No. 176 of the 5th of August, enclosing the Copy of a letter ai addressed to the Colonial Secretary of your Government by the Minister of the Wesleyan Church in Sydney, in which, on the part of the Wesleyans, he declines any application to the Legis­ lative Council for a Grant to his own Church out of the General Revenue of the Colony; and I have to desire that you will express Commendation to Mr. Boyce the satisfaction with which I have perused a com- of Revd. munication which is alike creditable to himself and to the Church w- B- Boyce. with which he is connected. I have, &c, GREY.

SIR CHARLES FITZ ROY TO EARL GREY. (Despatch No. 279, per ship Agricola.) My Lord, Government House, 26th December, 1848. 1. I have the honor to acknowledge the receipt of your Despatches Lordship's Despatches enumerated in the margin,* which arrived a( this day by the ship " Louisa." 2. Your Lordship's Despatches, Nos. 116, 133 and 134 were received previously, as reported by my Despatch, No. 263 of 8th instant. I have, &c, CHS. A. FITZ ROY.

* Marginal note.—Xos. 107 to 115, 117 to 132 (except No. 123). 774 HISTORICAL RECORDS OF AUSTRALIA.

1848. EARL GREY TO SIR CHARLES FITZ ROY. (Despatch No. 236, per ship Sydney; acknowledged by Sir Charles Fitz Roy, 2nd November, 1849.) Sir, Downing Street, 27 December, 1848. At the instance of the Lords Commissioners of the Trea-

Rep0rt sury, I herewith transmit to you the Copy of a Report from the transmitted. Commissioners of Customs, relative to the sufficiency of the Sureties of Colonel Gibbes, Collector of Customs at Sydney, and I have to desire that you will call upon the Attorney General, or other proper Officer, to make the requisite enquiry as to the responsibility of Colonel Gibbes' Sureties, and that you will Report to me the result. I have, &c, GREY. [Enclosure.] COMMISSIONERS OF CUSTOMS TO LORDS COMMISSIONERS OF HER MAJESTY'S TREASURY. inquiry re WE beg leave to represent to your Lordships that, in consequence sufficiency of of the death of one of the sureties of Colonel Gibbes, the Collector sureties for^^ of customs at New South Wales, that Officer was accordingly re- ' quired to furnish fresh Security in the sum of £3,000. when he transmitted to us, in the month of December, 1847, two Bonds for £1,500 each, which had been entered into by Terence Antony Murray, Esqre., Member of the Legislative Council of that Colony, and Robert Vernon Dalhunty, Esqre., both Stock and Share Brokers in New South Wales. That, as it appeared to us to be desirable, in the case of an Office of so great pecuniary responsibility as that of Collector of Customs at Sydney, that some enquiry should be made as to the sufficiency of the Individuals named in the Bonds transmitted by the Collector, and as we considered that it would not be becoming to depute that duty to an Officer of the Customs of inferior rank to the CoUector, we deemed it expedient, on the 15th September, 1847, to direct to the Collector to communicate with, and obtain the opinion of the Colonial Government as to the sufficiency of the two individuals who had become Sureties of the Collector. That, in reply to this communication, we have received a com­ munication from the Collector, dated 8th June last, transmitting a Copy of a Letter from the Colonial Secretary, a Copy of which we beg leave to annex, signifying that, as the Governor has no means of obtaining a knowledge of the pecuniary resources of any Gentleman in the Colony, he must decline expressing any opinion upon the subject. Under these circumstances, we have to submit, for the considera­ tion of your Lordships, whether you may not be pleased to move Her Majesty's Principal Secretary of State for the Colonies to cause instructions to be issued to the Attorney General of New South Wales with a view to his making enquiry, and reporting as to the sufficiency of the Securities, which have been entered into Bond for the Collector, it being material for the security of