YALE UNIVERSITY LIBRARY ss iter "qpTMnaajej tteooj: jsf'j afpnjtSno-j 9(n "^-"bte-^^Wli ¦ itp oz ¦*--'l}K V»V''"-I ¦smx\0j$x$l 1**V% A STATISTICAL ACCOUNT OF THE BRITISH SETTLEMENTS AUSTRALASIA; INCLUDING THE COLONIES OF NEW SOUTH WALES AND VAN DIEMEN'S LAND: WITH AN ENUMERATION OF TUB ADVANTAGES WHICH THEY OFFER TO EMIGRANTS, AS WELL WITH REFERENCE To EACH OTHER, AB TO THE UNITED STATES 07 AMERICA AND THE CAN-ADAS; AND DIRECTIONS AND ADVICE TO EMIGRANTS. THE THIRD EDITION. WITH AN APPENDIX, CONTAINING THE ACTS OF PARLIAMENT, AND OTHER DOCUMENTS RELATING TO THESE SETTLEMENTS. EMBELLISHED WITH NEW' MAPS, AND A VIEW OF SYDNEY. IN TWO VOLUMES. VOL. II. BY W. C. WENTWORTH, ESQ. A NATIVE OF NEW SOUTH WALES. LONDON: PRINTED FOR GEO. B. WHIT TAKER, AVE-MARIA-LANE. 1824. STATISTICAL ACCOUNT BRITISH SETTLEMENTS IN AUSTRALASIA; INCLUDING THE COLONIES OF NEW SOUTH WALES AND VAN DIEMEN'S LAND: WITH AN ENUMERATION OF THE ADVANTAGES WHICH THEY OFFER TO EMIGRANTS, AS WELL WITH REFERENCE TO EACH OTHER, AS TO THE UNITED STATES OF AMERICA AND THE CANADAS ; AND DIRECTIONS AND ADVICE TO EMIGRANTS. THE THIRD EDITION. WITH AN APPENDIX, CONTAINING THE ACTS OF PARLIAMENT, AND OTHER DOCUMENTS RELATING TO THESE SETTLEMENTS. EMBELLISHED WITH NEW' MAPS, AND A VIEW OF SYDNEY. IN TWO VOLUMES. VOL. II. BY W. C. WENTWORTH, ESQ. ui A NATIVE OF NEW SOUTH WALES. LONDON: PRINTED FOR GEO. B. WHIT TAKER, AVE-MAMA-LANE. 1824. Bit.sxdJr LONDON: SHACKEIX AND AREOWS.MITH, JOHNSONS-COURT, FLEF.T-STRFET. PART IL STATISTICAL ACCOUNT OF THE SETTLEMENTS IN AUSTRALASIA, VAN DIEMEN'S LAND. Van Diemen's Land is situated, between 40° 42, and 43° 43, of south latitude, and between 145° 31 and 148° 22 of east longitude. The honour of discovering this Island also belongs to the Dutch ; but the survey of it has been effected principally by the English. The Aborigines of this country are, if possi- ble, still more barbarous and uncivilized than those of Australia. They subsist entirely by hunting, and have no knowledge whatever of the art of fishing. Even the rude bark canoe, which their neighbours possess, is quite un known to them ; and whenever they want to pass any sheet of water, they are compelled to construct a wretched raft for the occasion. vol. w, u 2 STATISTICAL ACCOUNT OF THE Their arms and hunting implements also in dicate an inferior degree of civilization. The womera, or throwing stick, which enables the natives of Port Jackson to cast their spears with such amazing force and precision, is not used by them. Their spears, too, instead of being made with the bulrush, and only pointed with hard wood, are composed entirely of it, and are consequently more ponderous. In using them they grasp the centre : but they neither throw them so far, nor so dexterously, as the natives of the parent colony. This circum stance was- the more fortunate, as they main tained until lately the most rancorous and in flexible hatred and hostility towards the co lonists. This deep rooted enmity, however, did not. arise so much from the ferocious na ture of these savages, as from the inconsiderate and unpardonable conduct of our countrymen shortly after the foundation of the settlement on the river Derwent. At first the natives evinced the most friendly disposition towards the new-comers; and would probably have been actuated by the same amicable feeling to this day, had not the military officer intrusted with the command, directed a discharge of grape and canister shot to be made among a large body, who were approaching, as he ima gined, with hostile designs ; but, as it has since been believed with much greater probability, SETTLEMENTS IN AUSTRALASIA. d merely from motives of curiosity and friend ship. The havoc occasioned among them by this murderous discharge was dreadful ; and since then all communication with them has ceased, and the spirit of animosity and re venge, which this unmerited and atrocious act of barbarity engendered, has been fostered and aggravated to the highest pitch by the in cessant rencontres that have subsequently taken place between them and the settlers. These, whenever an occasion offers, destroy as many of the natives as possible, and they in their turn never let slip an opportunity of retaliating on their blood-thirsty neighbours. Fortunately, however, for the colonists, the natives have sel dom or never been known to act on the offensive, except when they have met some of their per secutors singly. Two persons armed with mus kets may traverse the island from one end to the other in the most perfect safety. And for the last three or four years the natives have dis continued from being either hostile or trouble some. Van Diemen's Land has not so discouraging and repulsive an appearance from the coast as Australia. Many fine tracts of land are found on the very borders of the sea, and the interior is almost invariably possessed of a soil admirably adapted to all the purposes of civilized man. b 2 4> STATISTICAL ACCOUNT OF THE This island is upon the whole mountainous, and consequently abounds in streams. On the summits of many of the mountains there are large lakes, some of which are the sources of considerable rivers. Of these the Derwent, Huon, and Tamar, rank in the first class. There is, perhaps, no island in the world of the same size, except Ireland, which can boast of so many fine harbours. The best are the Derwent, Port Davy, Macquarie Harbour, Port Dalrymple, and Oyster Bay : the first is on its southern side, the second and third on its western, the fourth on its northern, and the fifth on its eastern ; so that it has excellent harbours in every direction. This circum stance cannot fail to be productive of the most beneficial effects, and will most materially assist the future march of colonization. There is almost a perfect resemblance be tween the animal and vegetable kingdoms of this island and of Australia. In their animal kingdoms in particular, there is scarcely any variation. The native dog, indeed, is unknown here ; but there is an animal of the panther tribe in its stead, which, though not found in such numbers as the native dog is in New Holland, commits depredation among the flocks. It is true that its attacks are not so frequent ; SETTLEMENTS IN AUSTRALASIA. 5 but, when they happen, they are more exten sive. This animal is of considerable size, and has been known, in some few instances, to measure six feet and a half from the tip of the nose to the extremity of the tail ; still it is cowardly, and by no means formidable to man : and unless when taken by surprise, it inva riably flies on his approach. In the feathered tribes of the two islands, there is scarcely any diversity ; of this the wattle bird, which is about the size of a snipe, and considered a very great delicacy, is the only instance I can cite. Like Australia it has many varieties of poison ous reptiles, but they are neither so venomous, nor so numerous as in that island. * Its rivers and seas too, abound with the same species of fish. Oysters are found in much greater perfection, though not in greater abun dance. The rocks, that border the coasts and harbours, are literally covered with muscles, as the rocks at Port Jackson are with oysters. There is not so perfect a resemblance in the vegetable kingdoms of the two islands ; but still the dissimilarity, where it exists, is chiefly 6 STATISTICAL ACCOUNT OF THE confined to their minor productions. In the trees of the forest there is scarcely any dif ference. Van Diemen's Land wants the cedar, mahogany, and rose wood ; but it has very good substitutes for them in the black wood and Huon pine, which is a species of the yew tree, and remarkable for its strong odoriferous scent and extreme durability. The principal mineralogical productions of this island are, iron, copper, alum, coals, slate, limestone, asbestos, and basaltes ; all of which, with the exception of copper, are to be had in the greatest abundance. HOBART TOWN. Hobart Town, which is the seat of the Lieute nant Governor of Van Diemen's Land, stands nine miles up the river Derwent. It was founded only nineteen years since ; and con sidering the recency of its origin, is a- handsome thriving town. It is laid out in regular streets, and the houses are in general good substantial buildings, several of them two stories high, spa cious and not deficient in architectural taste. The town is principally built on two hills, between which there is a fine stream of water, that issues from Table Mountain, and falls into Sul- SETTLEMENTS IN AUSTRALASIA. 7 livan's Cove. On this stream, four water mills have been erected for grinding grain. The principal public buildings which have been erected are a Government house, a handsome church, a commodious military barrack, a strong jail, a well constructed hospital, a roomy barrack for convicts, and a chapel belonging to the Wesleyan Methodists. The town con tained in 1821, four hundred and twenty-one houses, and two thousand seven hundred souls, now increased to little less than four thou sand j a neat battery has been erected on Mul grave Point, at the entrance of Sullivan's Cove, and a large substantial pier or quay has been constructed in the Cove, for the conve nience of loading and unloading ships ; which work, combined with the natural facilities of the place, renders Sullivan's Cove one of the best and safest anchorages in the world. A signal post and telegraph have also been erected on Mount Nelson. The elevation of the Table Mountain, (now Mount Wellington,) which was so called from the great resemblance it bears to the mountain of the same name at the Cape of Good Hope, has not been determined : but it is generally estimated at about four thousand feet above the level of the sea. During three-fourths of the year it is covered with snow, and the 8 STATISTICAL ACCOUNT OF THE same violent gusts of wind blow from it as from its mountain name-sake ; but no gather ing clouds on its summit give notice of the approaching storm. The fiery appearance, however, of the heavens affords a sufficient warning to the inhabitants of the country* These blasts are happily confined to the pre cincts of the mountain, and seldom last above three hours ; but nothing can exceed their vio lence for the time. Jn the year 1810, I hap pened to be On board a vessel, which was bound to Hobart Town ; and in consequence of the winds proving scanty, we were obliged to anchor during the night in D'Entreeasteaux's channel. The following morning we got under weigh, expecting that the sea breeze would set in by the time the anchor was hove up. The seamen had no sooner effected this and made all sail, than we were overtaken with one of these mountain hurricanes. In an instant the vessel was on her beam ends, and in ano ther, had not all the sheets and halyards been let go, she would either have upset, or carried away her masts.- The moment the sails were clued up we brought-to again ; and as we Were in a harbour perfectly land-locked and very narrow, the vessel easily rode out this blast. It only lasted about two hours ; but the sea breeze did not succeed it that day. The next morning, however, it set in as usual. SETTLEMENTS IN AUSTRALASIA. 9 During the continuance of this mountain tornado, the waters of the harbour were ter ribly agitated, and taken up in the same manner as dust is collected by what are called whirl winds in this country. So great indeed Was its fury, that it required us to hold on by the ropes with all our force, in order to enable us to keep our footing. STORM-BAY, RIVER DERWENT, &c. The harbour at, and conducting to the river Derwent, yields to none in the world ; perhaps surpasses every other. There are two en trances to this river, which are separated by Pitt's Island ; one is termed D'Entrecas- teaux's Channel, the other, Storm Bay. D'En- trecasteaux's Channel, from Point Collins up to Hobart Town, a distance, following the course of the water, of thirty-seven miles, is one continued harbour, varying in breadth from eight to two miles, and in depth from thirty to four fathoms. The river Derwent itself has three fathoms of water for eleven miles above the town, and is consequently navigable thus far for vessels of the largest burthen. Reckon ing, therefore, from Point Collins, there is a line of harbour, in D'Entrecasteaux's Chan nel, and the Derwent, together, of forty^- 10 STATISTICAL ACCOUNT OF THE eight miles, completely land-locked, and afford ing the best anchorage the whole way. The entrance, however, by Storm Bay, does not offer the same advantages ; for it is twenty- two miles broad from Maria's Island to Pen guin Island, and completely exposed to the winds from south to south-east. This bay consequently does not afford the same excel lent anchorage as D'Entrecasteaux's Channel. It contains, however, some few nooks, in which vessels may take shelter in case of ne cessity. The best of these is Adventure Bay, which is shut in from any winds that can blow directly from the ocean, but is nevertheless exposed to the north-east winds, which have a reach of twenty miles from the opposite side of the bay. There is, consequently, when these winds prevail, a considerable swell here ; but the force of the sea is in a great measure broken by Penguin Island ; and vessels pos sessing good anchors and cables have nothing to fear. Storm Bay, besides thus forming one of the entrances to the river Derwent, leads to ano ther very good harbour, called North Bay, or Frederick Hendrick's Bay. This harbour is about sixteen miles long, and in some places six miles and a half broad. The greater part SETTLEMENTS IN AUSTRALASIA. 11 of it is perfectly land-locked, and affords excel lent anchorage in from two to fifteen fathoms water. That part in particular called Norfolk Bay, forms a very spacious harbour of itself, being about three miles in breadth and nine in length. This bay, besides being better shel tered than the rest of the harbour, contains the greatest depth of water, having in no place less than four fathoms. PORT DALRYMPLE. This port was discovered by Flinders in 1798, and lies thirty degrees E. S. E. of Hummock Island, in latitude 41° 3' 30" south, and lon gitude 146° 50' east. The town of Launceston stands about forty miles from its entrance, at the junction of the north and south Esk with the river Tamar. It is a pretty large village, the houses in general of an humble description, with some tolerably good ones. Its improve ment has not kept pace with Hobart Town, in consequence of the establishment of George Town, about thirty miles lower down, on York Cove near the harbour's mouth. The Town is pleasantly situated at the foot of a rising ground on a small plain, and is supplied with water from a cataract at the junction of the South Esk and Tamar rivers. Not- 12 STATISTICAL ACCOUNT OF THE withstanding its inconvenience for purposes of general navigation, Launceston is still, and will continue for some time, the principal town on this side of the Island, as the settlers find it inconvenient to carry their produce so far as George Town. Its population is increasing, and may be estimated at between five and six hundred souls. The tide reaches nine or ten miles up the river Esk, above Launceston, and the produce of the farms within that distance may be sent down to the Town in boats. But the North Esk descends from a range of mountains by a cataract immediately into the river Tamar, and is consequently altogether inaccessible to navigation. The Tamar has sufficient depth of water, as far as Launceston, for vessels of 150 tons burthen; but the navigation of this river is very intricate, by reason of the banks and shallows with which it abounds, and it was at length prudently resolved to establish a settlement and principal Town nearer to the entrance of Port Dalrymple. This Town, named "George Town," is seated on York Cove, near the entrance of Port Dalrymple, and within a few miles of Bass's Straits. The situation is beautiful, and admirably adapted for the purposes of trade, being situate on the banks of a noble river, navigable for ships of SETTLEMENTS IN AUSTRALASIA. 13 the largest burthen, removed but a short dis tance from the sea, and amply supplied with fresh water. George Town was commenced in 1817. The commandant, civil and military officers and convicts, were removed to it in 1819. Several public buildings have been erected, as the Commandant's house, barrack, quarters for the civil officers, a parsonage house, school house, provision store, gaol, &c. The land in the neighbourhood of George Town is of a poor steril nature, in consequence of which the settlers prefer continuing at Laun ceston to removing to the former place, not withstanding its more advantageous local situa tion ; and it will be some years before George Town becomes any thing more than a mere Government settlement. A penal settlement has been formed at " Mac quarie Harbour," by Governor Macquarie, to which the refractory convicts are transported from the other settlements in the Island, and are employed at hard labour. This settlement, though but of recent establishment, is well cal culated to answer the objects of its founder, as a place of punishment for lazy, idle and incor rigible convicts, who are here entirely cut off from general society ;• from all opportunity of indulging their vicious habits and passion's, and 14 STATISTICAL ACCOUNT OF THE are subjected to rigorous discipline, hard labour, and coarse, though plentiful, food. FACE OF THE COUNTRY. MOUN TAINS, RIVERS, HARBOURS, &c. Van Diemen's Land is finely diversified by ranges of moderately elevated hills and exten sive vallies. The hills are for the greater part wooded, and the vallies are thinly studded with trees, and abound with fine luxuriant natural grapes. Large tracts of land, perfectly free from timber and underwood, and covered with the most luxuriant herbage, are to be found in all directions ; but more particularly in the districts near to Port Dalrymple. This sort of land is invariably of the very best quality, capable of yielding the most abundant crops, and of being immediately, and at comparatively little expence, converted to all the purposes of husbandry. The Island abounds with this de scription of land, and although very considerable quantities have been granted to the numerous settlers who have lately emigrated to Van Diemen's Land, yet enough still remains to be granted for an infinitely greater number of emigrants than have even yet gone out to settle there. SETTLEMENTS IN AUSTRALASIA. 15 MOUNTAINS. There are several mountains of considerable elevation in Van Diemen's Land. The prin cipal one is situated immediately at the back of Hobart Town, and was called the Table Mountain, from its resemblance to the moun tains of that name at the Cape of Good Hope. It has been since called Mount Wellington. It is about four thousand feet high, the greater part of the year covered with snow, and subject to violent gusts of wind. About sixty miles to the north-west of Ho bart Town, there is a range of high hills, called the " Western Mountains ; " they are about three thousand five hundred feet high ; on their summit, is a large lake, in which the Der went is supposed to have its source. About sixteen miles to the north-east of Hobart Town, at the north end of the Coal River district, is a lofty sugar loaf hill, called Mount Mangalore. There are two moderately high mountains, called Ben-Lomond and Tasmans Peak, about seventy-five miles to the South-east of Laun ceston. And to the North-west there is a range of hills called the Asbestos hills, from the abun dance of that fossil discovered there. 16 STATISTICAL ACCOUNT OF THE There are several high hills in various other parts of the Island, but with the exception of those before mentioned, scarcely any deserve the name of mountains. With the exception, therefore, of that part of the Island lying to the South and South-west of Hobart Town, which is barren and mountainous, the face of the country cannot be said to be mountainous. The hills and rising grounds are in general not too high, are covered with wood and pasture to their summits, and serve both to give form and .shelter to the vallies and plains. RIVERS. The two principal rivers are the Derwent and the Tamar. The river Derwent is supposed to have its source in the lake on the summit of the western mountains. It pursues a South-easterly course, and being joined by the "Big" and " Fat Doe " rivers, it passes through a rich open country called Macquarie District. It is joined by the river Jordan at Herdsman's Cove, and from them forms the fine harbour before described. The scenery along the whole course of this river is very beautiful, and not unfre quently both picturesque and romantic. The Tamar is formed by the junction of the SETTLEMENTS IN AUSTRALASIA. 17 North Esk and South Esk rivers. The North Esk takes its rise at the foot of Ben-Lomond, winds through a rich country of twenty miles in length, and falls into the Tamar at Launceston. The South Esk rises at the foot of Tasman's Peak, and pursuing a western course, through a fine champaign country, to Norfolk plains, joins the North Esk at Launceston ; this river de scribes in its course full sixty miles. The Tamar is about forty miles in length from Laun ceston to its mouth at Port Dalrymple. Throughout the greater part of its extent it much resembles the river Thames along the Essex shore, but it is of considerably less width. — There is anchorage for large ships as far as about fifteen miles up the river, when it be comes intricate ; but vessels of 150 tons bur then may sail up to Launceston. The land towards the mouth of the Tamar is barren and sandy, but within a few miles the face of the country assumes a different aspect, the soil becomes rich, level marshy land near the river, and beyond slopes up into beautiful hills moderately wooded and covered with rich pasture. The scenery becomes delightful, and the perspective so extensive as sometimes to take in an extent of forty miles of beautifully wooded country. vol. n. c 18' STATISTICAL ACCOUNT OF THE Two rivers, which have not been traced, and are but little known, fall into Macquarie Harbour, this harbour and the rivers which flow into it are surrounded by land very Well fitted for all the purposes of cultivation, and abounding with very fine coal and timber, in the raising and procuring of -which the convicts transported here, are employed; The River Jordan is a small stream, and in its course westerly, waters a great extent of beautiful country. Passing through the fertile and beautiful plains of Jericho, it unites with another small stream, called Bagdad, and falls into Hudsman's Cove, an inlet of the Der went. The Kangaroo stream rises at the foot of a range of hills, and uniting with another stream, forms the Coal River. It winds in a southerly direction, through a rich and fertile country, about twelve miles in length, called the Coal River District, thence through another fine tract called Sweet Water Hills, and discharges itself into an arm of the sea called Pitt Water. SETTLEMENTS IN AUSTRALASIA. 19 HARBOURS, &c. Derwent Harbour, named from the river by which it is formed, is sufficiently capacious to admit and anchor nearly all the fleets of Europe, in a depth of from three to twenty fathoms ; abundant supplies of wood and water are to be found in every part of it. And from the description before given, it appears to be as fine a sea port as any in the world. North or " Frederick Henry Bay," Hes about twelve miles eastward of Hobart Town, and affords extensive and good anchorage from three to ten fathoms water. Pitt Water communi cates with this Bay. It is about six miles in length, and two and a half in breadth, and of sufficient depth to admit vessels of one hundred tons burthen. Oyster Bay, lies between Maria Island and the main land ; there is good and capacious an chorage, and wood and water in abundance. Adventure Bay, on the East side -of Brun6 Island, contains good .anchorage, and supplies of wood and water. Great Swan Port is an extensive arm of the sea, to the northward of Maria Island. c 2 20 STATISTICAL ACCOUNT OF THE Port Dalrymple formed by the River Tamar, may be known when approaching from the north-east, by the land to the eastward being low and sandy, while that to the westward is composed of high woody hills ; three miles from the mouth of the Port is York Cove, where George Town is established. Vessels of all sizes can find anchorage as far as fifteen miles up the river. From thence it gradually narrows to Launceston, up to which place vessels of one hundred and fifty tons burthen can sail. Macquarie Harbour is situate in latitude 42° 1130 South, and longitude 145° 16 East, and is formed by a moderately high bluffland on the South shore, and by a long sandy beach on the North ; nearly in the centre of the harbour's mouth there is a reef of rocks. The southern entrance, which is over a bar of nine feet water is the best. When once entered the harbour affords safe anchorage, in from three to twelve fathoms water. The tide runs with rapidity ; wood and water can be had in the greatest abundance. Port Davey is in Latitude 43° 21 South, and longitude, 146° East; two fresh water rivers fall into this harbour. SETTLEMENTS IN AUSTRALASIA. 21 ROADS. Within the last four years several excellent roads have been planned and constructed. The great line of road from Hobart Town to Laun ceston and George Town, a distance of one hundred and fifty miles, has been completed ; another line has been completed to Macquarie district through New Norfolk ; and a third to the Coal River and Pitt Water districts. These roads appear to have been judiciously laid out and well constructed, and are of infinite ad vantage to the Colony. Good strong bridges have been thrown over the several rivers and creeks in these lines of road, and on the whole, it may be said that the intercourse between Hobart Town and the principal districts is rendered both easy and convenient. There are no" regularly constructed cross roads. In fact, the making of a road is a mat ter of very great care both in this island and at Port Jackson. The person, whoever he may be, that wants to establish a cart road to his farm, marks the trees in the direction he wishes it to take, and these marks serve as a guide to all such as require to travel on it. In a very short time the tracks of the horses and carts 22 STATISTICAL ACCOUNT OF THE become visible, the grass is gradually trodden down and disappears, and thus a road is formed, which answers all the purposes of those who have occasion to travel on it. Wherever there happens to be a stream or river, not fordable, two or three trees are cut down, on some con venient spot on its bank, where they will reach the other side. Across these, the boughs that are lopped off themselves, or smaller trees felled for the purpose, are laid close together, and over all a sufficient covering of earth. The want even of such roads as those here described, is but little felt in most of the set tled districts. The majority of the settlers at Port Dalrymple side of the Island, have fixed themselves on the banks of the North Esk and Tamar Rivers, andean have the benefit of water navigation in the conveyance of their produce to market ; and the same remark applies to the settlements on both banks of the Derwent River, Coal River, and Pittwater. CLIMATE AND SEASONS. The climate of this island is equally healthy, and perhaps more congenial to the English con stitution, than that of Port Jackson. The north west winds, which are there productive of such SETTLEMENTS IN AUSTRALASIA. 23 considerable variations of temperature, are here almost unknown ; and neither the summer, nor winter, is subject to any great extremes of heat, or cold. The frosts, indeed, are much more severe, and of much longer duration ; and some of the mountains, with which this island abounds, are covered with snow during the greater part of the year ; but in the vallies it never lingers on the ground more than a few hours. Upon an average, the mean difference" of temperature, between these settlements and those in Australasia, (I speak of such as are to the eastward of the Blue Mountains ; for the country to the westward of them, it has been already stated, is equally cold with any part of Van Diemen's Land,) may be estimated at ten degrees of Fahrenheit, at all seasons of the year. The prevailing diseases are the same as at Port Jackson : i. e. phthisis and dysentery ; but the former is not so common. Rheumatic com plaints, however, which are scarcely known there, exist here. Notwithstanding it has been said, and perhaps with truth, that no country in the world is freer from disease than this. SOIL, &c. In this island, as in Australasia; there is every 24 STATISTICAL ACCOUNT OF THE diversity of soil ; and the proportion of good, with the exception of the mountains, is very considerable. Large tracts of land perfectly free from timber and underwood, and covered with luxuriant herbage, are to be found in all directions. These plains are generally of con siderable extent, varying from five to ten and fifteen thousand acres. The low land on the banks of the rivers, and in the rich bottoms, is invariably of the richest quality, capable of yielding abundant crops for several successive years without manure. And the uplands are, although inferior in richness to the other, of the best description, and certain, with the common est husbandry, most amply to reward the culti vator. The quantity of fine land, free from close or heavy timber and underwood, is yery considerable, containing several millions of acres, still unappropriated, and capable of being con verted to all the purposes of husbandry at a very inconsiderable expence. Notwithstanding the length of time since this island has been settled on, the greater part of it remains unexplored, (indeed the western part has never been explored). The districts already settled, are principally those at both sides of the rivers Derwent, Jordan, Coal River, North Esk, South Esk, and Tamar; upon all which the land is very generally of the finest quality, and the SETTLEMENTS IN AUSTRALASIA. 25 far greater part, even in these districts, is still unappropriated. The fine tracts at both sides of the upper part of the River Derwent, Big River, Fat Doe River, as well as the Macquarie and Elizabeth Rivers, and upper South Esk, are as yet almost untouched, and afford room for many thousand settlers. The land at both sides of the river Gordon, which falls into Macquarie harbour, is known to be of the finest quality, and in great abundance ; so that on the whole, it is no exaggeration to state that, the quantity of good land, fit for every purpose of agricul ture, and producing fine luxuriant natural pas ture, exceeds several millions of acres, and would afford employment and subsistence to an hun dred times the present population of the island. AGRICULTURE, &c. In the system of agriculture pursued in the two colonies, there is no difference, save that the Indian corn or maize is not cultivated here, because the climate is too cold to bring this grain to maturity. Barley and oats, however, arrive at much greater perfection, and afford the inhabitants a substitute, although by no means an equivalent, for this highly valuable product. But any deficiency in that respect is fully coun terbalanced by the superior abundance and qua- 26 STATISTICAL ACCOUNT OF THE lity of the potatoe,which is as good here as in any country in the world. The wheat, too, which is raisedhere, isof a superior description to the wheat grown in any of the districts at Port Jackson, and will always command in the Sydney market a difference of price nearly sufficient to pay for the additional cost of transport. The average produce, also, of land is greater, although it does not exceed, perhaps not equal the produce of the rich flooded lands on the banks of the Hawkesbury .and Nepean. A gentleman who resided many years at Port Dalrymple, esti mates the average produce of the crops at that settlement as follows : — Wheat, twenty-five bushels per acre ; barley, forty bushels per ditto ; oats, he does not know, but say fifty bushels per ditto. This estimate is not at all calculated to impress the English farmer with as favourable an opinion of the fertility of this settlement as it merits ; but if he only witnessed the slovenly mode of tillage, which is practised here, he would be surprised, not that the ave rage produce of the crops is so small, but that it is so great. If the same land had the benefit of the system of agriculture, that prevails through out the county of Norfolk, it may be safely asserted that its produce would be doubled. The land on the upper banks of the river Der went and at Pitt-water, is equally fertile ; but the average produce of the crops, on the whole SETTLEMENTS IN AUSTRALASIA. 27 of the cultivated districts belonging to this set tlement, is at least one fifth less than at Port Dalrymple. These settlements do not contain either such a variety or abundance of fruit as the parent colony. The superior coldness of their climate sufficiently accounts for the former defficiency, and the greater recency of their establishment for the latter. The orange, citron, guava, loquet, pomegranate, and many other fruits which attain perfection at Port Jackson, cannot be produced here at all without having recourse to artificial means ; while many more, as the peach, nectarine, grape, &c. only arrive at a very infe rior degree of maturity. On the other hand, as has been already noticed, the apple, currant, gooseberry, and indeed all those fruits, for which the climate of the parent colony is too warm, are raised here without difficulty. REARING OF CATTLE, &c. The system of rearing and fattening cattle is perfectly analogous to that which is pursued at Port Jackson. The natural grasses afford an abundance of pasturage at all seasons of the year, and no provision of winter provender, in the shape either of hay or artificial food, is made 28 STATISTICAL ACCOUNT OF THE by the settler for his cattle ; yet, notwithstand ing this palpable omission, and the greater length and severity of the winters, all manner of stock attain here a larger size than at Port Jackson. Oxen from three to four years old average here about 700lbs. and wethers from two to three years old, from 60 to 80lb. ; while oxen of the same age, at Port Jackson, do not average more than 600lbs. and wethers not more than 60lbs. At Port Dalrymple it is no uncommon oc currence for yearlings to weigh from 50 to 70lbs. and for three year old wethers to weigh lOOlbs. and upwards ; but this great disproportion of weight arises in some measure from the greater part of the sheep at this settlement, having become, from constant crossing, nearly of the pure Teeswater breed. Still the superior rich ness of the natural pastures in these southern settlements, is, without doubt, the main cause of the increased weight at which both sheep and cattle arrive ; since there is both a kindlier and larger breed of cattle at Port Jackson, which nevertheless neither weigh as heavy, nor afford as much suet. This is an incontrovertible proof that the natural grasses possess much more nu tritive and fattening qualities in this colony than in the other ; and the superior clearness of the country is quite sufficient to account for this circumstance, without taking into the estimate the additional fact, that up to a certain parallel SETTLEMENTS IN AUSTRALASIA. 29 of latitude, to which neither the one nor the other of these colonies extends, the superior adaptation of the colder climate for the rearing and fattening of stock is quite unquestionable. DOMESTIC AND WILD ANIMALS. All our domestic animals, such as horses, asses, horned cattle, sheep, goats, pigs, poultry, dogs, &c. &c, have been brought to Van Die- men's Land, and thrive there abundantly. The horses are a cross from the Arab stallion and English mare, (some English stallions have been lately sent out) ; their height is generally from thirteen to sixteen hands. They are in general clean made, beautiful animals, of great spirit, strength, and usefulness, both for saddle and draught: the number however is notbyany means sufficient for the supply of the colony, being in 1821 no more than five-hundred and fifty. What with importation from Port Jackson and breed ing, they are now, 1824, probably double that number. The price is considerably higher than at that settlement, ranging from 70/. to 120/. The horned cattle are originally of the Bengal breed; their improvement was not much at tended too until within the last few years ; since then a very laudable spirit of agricultural im- 30 STATISTICAL ACCOUNT OF THE provement has prevailed, and the cattle in con sequence of being crossed by bulls of the Eng lish breed are considerably improved. It is invariably found that in proportion as the cattle partake of the English breed, they become kindlier and more valuable for the dairy. The number in 1821, was 34,790 head. The sheep were also originally of the Bengal breed, but they have been so frequently crossed by the Teeswater breed as to be now very much improved. They also were, as to improvement in fleece, almost entirely neglected until a late period, in consequence of which these animals, as to wool, are much inferior in value to the sheep at Port Jackson. The last sales of Port Jackson wool, of the ordinary kind, netted from 2s. upwards per lb., while the best of the Van Diemen's Land wool did not sell for more than bid. per lb. However, very considerable improvement in the Van Diemen's Land fleeces may be confidently expected from being crossed by the Merino, considerable numbers of which breed have been for the last three years carried to Van Diemen's Land for that purpose. The number of sheep in Van Diemen's Land is very considerable ; in 1821 it amounted to 170,391, and it has since increased. The poultry, geese, turkeys, ducks and SETTLEMENTS IN AUSTRALASIA. 31 fowls, are exceedingly fine and good, inferior indeed to none in any country ; and in no place are finer pigs to be found, or in greater abundance. The wild animals are the same (with the exception of the native dog) as in Australa sia, viz. the kangaroo, emu, opossum, squirrel, and kangaroo rat. The hyena before described is found here, although not at Port Jackson. In the feathered tribe, also, there is little or no diversity from those found at Port Jackson; and the seas and rivers abound with the same de scription of fish. And what has been said with respect to the colonial sports and game is equally applicable to both colonies. COMMERCE, &c. The exports from Van Diemen's Land con sist generally of cattle, sheep, wool; wheat, salt provisions, hides, tallow, seal-skins, whale oil, and spars. The exportation of cattle and sheep to the Isle of France commenced in 1818, and was entered upon with considerable spirit^ but has since declined. Salt provisions, viz. beef, mutton, hams and tongues, have been for some years exported in considerable quantities to Port Jackson, for the supply of his Majesty's 32 STATISTICAL ACCOUNT OF THE magazines, as well as the general market. The following is a list of the exports from Van Die- men's Land to Sydney in six years, 1815 to 1820, (wheat valued at 10s. per bushel, and meat 6d. per lb.) Bushels of lbs. of Salt Value of Wheat. Meat. both. 1815 1,770 £885 1816 13,135 10,000 6,817 1817 15,240 8,000 7,820 1818 7,990 64,640 5,611 1819 24,768 346,800 21,054 1820 47,131 386,000 33,225 The quantities exported in the succeeding years have certainly not diminished, but rather increased. The export of wheat has been very consi derable. This article has lately found new and profitable markets at Rio de Janeiro and the Cape of Good Hope, where any quantities that can be exported will always meet with a ready and sure demand at remunerating prices. Wool, though as yet, from the circumstances before alluded to, of inferior quality, will be come a staple article, and no doubt be brought to very considerable perfection as to quality and fineness. Indeed this is not mere matter SETTLEMENTS IN AUSTRALASIA. 33 of opinion, for the wool produced from the flocks of one gentleman near Port Dalrymple, James Cox, Esq., has been found to be nearly, if not fully, equal to that produced at Port Jack son. The spirit of improvement in this article is very considerable ; a large number of Merino sheep have been imported, and there is no ques tion but that in a few years the entire stock of sheep will be so very considerably improved in fineness of fleece, as to afford a most valuable and extensive export to the mother country and be a fountain of wealth to the colony. The fur seal fishery is prosecuted with some success on the coasts. The fur of this animal is well known as a valuable article of commerce, and of much request in England, and is of no inconsiderable benefit at present to this colony. All the bays and harbours of Van Diemen's Land, those in Bass's Straits, and the southern coast of Australasia, abound with the black or right whale. These leviathans of the deep quit the boisterous ocean and seek the more tran quil waters of these harbours, when they are on the point of calving. This happens in No vember, and they remain there with their young between two and three months. They fre quently go up the river Derwent as far as Ho bart Town, and it is no uncommon sight for VOL. II. D 34 STATISTICAL ACCOUNT OF THE the inhabitants to behold the whole process of taking them, from the moment they are har pooned, until they are finally killed by the fre quent application of the lance. This sight, in deed, has been occasionally witnessed by the inhabitants of Sydney ; since it has sometimes occurred, that a stray fish has entered the har bour of Port Jackson, while some of the South Sea whalers have been lying there, and have lowered their boats and killed it. In consequence of the excessive and impo litic duty upon oil procured in this colony, the colonists were absolutely prohibited from pro curing it even in their own harbours, while they had the mortification of witnessing several car goes procured in the very river before their eyes, by persons totally unconnected with the colony. Fortunately this system has been wisely abandoned, and the excessive duties repealed last year, so that there does not now exist any impediment to the colonists turning their industry and attention to this profitable branch of commerce. Indeed, at this time, the trade in this article is by no means inconsider able, as not less than one thousand tons of oil have been exported from the colony to England last year. But it is to, be observed, that the merchants at Sydney are those most engaged in this trade. There exists no reason, however, SETTLEMENTS IN AUSTRALASIA. 35 why the inhabitants of Van Diemen's Land should not participate in it; on the contrary, the facilities within their reach, for pursuing it to a very considerable extent, are such as to ensure both success and profit. The timber of Van Diemen's Land is very fit for ship-building and spars ; particularly the Huon pine and Mimosa. Some very fine spars of the latter wood have been exported both to Batavia and the Isle of France, and the supply may be said to be almost inexhaustible. The bark of the Mimosa decurrens, which abounds in this colony, is found to be a very powerful tanning agent. From an experiment conducted under the inspection of one of the highest authorities in this country, Professor Brandt, the strength of the Mimosa bark, as compared with that of young English oak bark, is found to be in the proportion of fifty-seven to thirty-nine, so that the Mimosa bark is half again as strong as the best English bark. A gentleman at Van Diemen's Land has, how ever, succeeded in reducing the bark to an extract, and so fitting it for exportation at a comparatively small expence of freight. The quantity of this bark to be procured in this colony is quite inexhaustible, and it bids fair to d 2 36 STATISTICAL ACCOUNT OF THE become an important and profitable article of export to the mother country. The soil and climate of Van Diemen's Land are both well suited to the growth and produc tion of hemp, New Zealand flax, common flax, and tobacco, and no doubt, as capital flows into the colony, all these articles will be exten sively and profitably cultivated, both for home consumption and exportation. Hitherto the exports have been confined to wheat, salt provisions, wool, oil, fur seal-skins, potatoes and spars. It has been seen that the value of wheat and salt provisions alone was in 1820, upwards of 33,000/. There exist no correct data from which to form an estimate of the exports from this colony ; but I think they may be fairly estimated, on the whole, at some where about 60,000/. per annum at present. The import trade is the same as that of Port Jackson. From England the colony is sup plied with cotton, woollen, and linen manufac tures of every description ; ironmongery, hard ware, earthen glass, and plated ware, saddlery, ship-chandlery, malt liquors, wines, brandies, Geneva, some West India rum, butter, cheese, soap, and a great variety of.otherarticl.es. From SETTLEMENTS IN AUSTRALASIA. 37 India, principally the port of Calcutta, are im ported sugar, coarse cotton piece goods, soap, and sundries ; and from China, tea, silks, nan keens, and earthenware. The table of imports and exports, contained in the appendix, is as correct as, perhaps, in the present want of*offi- cial data, it can be made ; it is quite impossible to distinguish precisely the quantity belonging to Van Diemen's Land, but it certainly consumes a proportion fully adequate to its relative popu lation. The duties of customs levied in Van Diemen's Land are exactly the same, in all respects, as those levied in Port Jackson, and are applied to the like purposes. They amounted, in J 8 19, to " 8061/. 9*. 2|cf. and have considerably increased. since, INCOME. The income, or value of the entire produce of Van Diemen's Land, may be fairly estimated as follows : — By the muster or census takenjn 1821, it appears there were 12,966 acres of wheat, 1,229 of other grain, 716 of potatoes. There were also found to be in possession of the colonists 34,790 head of horned cattle, 170,391 sheep, 4,864 hogs, and 550 horses. The wheat may be fairly valued at 71. per acre, gross pro- 38 STATISTICAL ACCOUNT OF THE duce ; other grain, barley, peas, beans, oats, &c. at 51. and potatoes at 10/. About one-eighth of the horned Cattle, and one-sixth of the sheep and hogs, are annually slaughtered, and may be valued at 8/., 1/. 10s., and 31. each respec tively ; and the wool of each fleece may be estimated at 2 lbs., and of 6d. per lb. value. The income, or gross produce, therefore, was in that year, 1821, as follow : — 12,966 acres of wheat, at per £ s. d. acre 71. - - - 90,762 0 0 1,229 other grain, at 51. -, 6, 145 0 0 716 Potatoes, at 10/. - 7,160 0 0 4,349 proportion of horned cat tle, slaughtered at 8/. - 34,792 O 0 28,398 proportion of sheep slaugh tered, at 305. - . 42,597 0 0 340,782 lbs. wool, at 6c?. - - 8,519 0 0 Oil and skins - - . 15,000 0 0 Timber, bricks, lime, and other produce of labour- - 15,000 0 0 Profits of trade, not included in, the foregoing . . 15,000 0 0 Total - £234,976 0 0 The proportion of that year was 7,185 souls, which gives an average income of upwards of 32/. per head, adults, and children. SETTLEMENTS IN AUSTRALASIA. 39 PRICE OF LABOUR, &c. No country is better supplied with labourers, and that at a moderate rate of wages. There are hot in Van Diemen's Land many free la bourers ; the far greater number are convicts, who, in general, ^are both careful and diligent. The convicts are assigned by the Government to the settlers, and are obliged to perform the work their masters have to do, and the wages, clothing and food, they are to receive, as well as the quantity of work they are to perform, are regulated by Government order. The em ployer is obliged to give the convict servant, for his rations of food, 7lb. of fresh meat, or 4lb. of salt pork, and 8lb. of wheat per week ; and 3/. worth of slop clothing, and 7/. wages per annum ; for which the convict is obliged to perform the following quantities of labour : Week's Work one Man. Falling forest timber, 1 acre. Burning off do. 65 rods. Breaking up new ground with hoe, 65 rods. Do. cultivated land, 130 rods. Chipping in the seed, 1 acre, 80 rods. Reaping, 1 acre, 60 rods. Threshing 18 bushels, 1 man, 1 week's work. Splitting pales, per 100, 6 ft. long, 800 pales, 2 men. 40 STATISTICAL ACCOUNT OF THE Five feet ditto, 1,000 pales, 2 men. Shingles, 2,500 shingles, 3 men. The payment of wages for the regulated labour of the convicts, or for their extra labour, is generally made in articles of consumption, such as tea, sugar, tobacco, additional food, &c. for which the employer always charges an advance of from 25 to 50 per cent, upon the shop prices at Hobart Town ; so that in fact the wages of labour, when reduced to their real cost to the employer, are very low. The ration of food, at 75. per bushel for wheat, and 6d. per lb. for salt pork, is 3s. 2c?. per week, or 8/. 4s.. 8c?. per annum, and the slops and wages paid in kind will be about 6/. I estimate the entire expense of a convict labourer at about 15/. per annum. The Government now assign to the settlers, convict mechanics, such as carpenters, smiths, bricklayers, stone-masons, &c. who are entitled to no greater or better wages food or clothing, than other labourers ; but the settler has, in addition to his payment to the convict mechanic, to pay the Government a sort of rent of 3s. 6d. per week, or 9/. 2s. per year for the mechanic's services. If the employer should prefer paying his convict labourer by the price for his work, the following is the scale re gulated by Government, and it equally ap- SETTLEMENTS IN AUSTRALASIA. 41 plies to all extra labour performed by the convict : — £ s. d. For felling forest timber, per acre .080 Burning off ditto, ditto .... 1 0 0 Rooting out, and burning stumps, ditto 1 10 0 Breaking, or hoeing up new ground, per acre ,10 0 Ditto stubble, or cultivated ground, per ditto 0 10 0 Chipping in wheat, ditto .... 0 6 0 Reaping ditto 0 10 0 Threshing and cleaning wheat, per bushel 0 0 6 Splitting pales, per 100, six feet long 0 3 Ditto, ditto, ditto, five ditto ..026 Ditto shingles, per 1,000 .... 0 7 6 Preparing and putting up fence, five rails, two panels to the rod, and posts sunk two feet in the ground, per rod .... 0 3 0 Ditto, four bars or rails, per rod .,026 Ditto, three ditto, ditto .... 0 2 0 Ditto, two ditto, ditto .... 0 1 0 But as all these prices are paid in articles of consumption, upon which the employer has a profit, the real cost will be reduced in propor tion. 42 STATISTICAL ACCOUNT OF THE The method of clearing land, as it is called, is very simple. The trees are cut down at about three feet from the ground, the branches are then lopped off, and the trunk sawn into convenient lengths, and the whole is heaped together and burnt. As the trees grow a con siderable distance asunder, and throw their roots so far below the surface, as neither to impede the plough or the hoe, there is no necessity for rooting out the stumps, especially as in a few years they will decay away of themselves. In deed very few settlers take the trouble of root ing out the stumps, and where it is done, it is only on a small scale, and merely for ornament. The foregoing scales of labour and price were made more with reference to the settlements at Port Jackson, where the timber is both more abundant and heavier on the land, than to Van Diemen's Land, where there are extensive tracts entirely free from timber, and where it is neither so abundant or heavy as at the former settlement ; consequently land, whereon there is little or no timber, can be brought into cultivation at a less expense than those prices, and that is almost generally the case at Van Diemen's Land. But even at those prices, the expense of clearing and cropping in the wheat will be no more than 2/. 14s,, per acre. Five labourers working according to the regulations, will fell, clear, and fence fifty SETTLEMENTS IN AUSTRALASIA. 43 acres of land in a year, and the food and wages, of those five labourers, will not cost, more than 75/. sterling. The wages of artificers are at present very high, in proportion to the wages of common labourers. Carpenters, smiths, stone-masons, bricklayers, coopers, cabinet-makers, ship wrights, wheelwrights, &c. &c. earn from 7*« to 10s. and 12s. per day. The wages allowed female convict servants are 7/. a year and their food. Free female servants get from 12/. to 15/. per annum wages, and free male servants- about the same. PRICES OF CATTLE, SHEEP, MEAT, PROVISIONS, &c. &c. Horses are not numerous at Van Diemen's Land, and the prices are from 70/. to 120/. ; horned cattle abound : the prices are, for breed ing cows, 41. to 6/, ; heifers and steers, 3/. ; grown oxen, 61. to 8i. ; good working oxen, from 10/. to 15/. ; a general herd,, consisting of all sexes and ages, may be bought for 4/. to 51. ; per head all round ; sheep and eweS, from IO5. to SQs.i according to the fineness of the 44 STATISTICAL ACCOUNT OF THE fleece ; wethers, according to size and con dition, 20s. to 30s. Meat and grain differ something in the prices which they obtain in the market, and that given for them at His Majesty's magazines. The prices given by the deputy commissary-general, for sup plies to the latter, have been last year, 1823, as follows : fresh beef, mutton, and pork, 3d. to 4>\d. per lb. ; salted pork, 5d. to 6d. per lb. ; wheat, 7s. per bushel. The market prices at Hobart Town vary, for fresh meat, beef, pork, and mutton, from 7d. to 9d. ; for salt pork the same. Wheat, 5s. to 7*» per bushel; oats, 3s. to 4s. ; barley, 3s. 6d. to 5s. ; potatoes, 3s. 6d. to 5s. per cwt. ; fowls, 2s. 6d. to 3s. 6d. ; ducks, 4s. to 6s. per couple ; geese, 5s. to 7s. 6d. ; and turkeys, 7s. to 10s. each ; butter, 2s. 6d. to 4s. and cheese, Is. 6d. to 2s. 6d. per lb. The pieces of British manufacture can be ge nerally purchased in the shops, at about fifty per cent, advance on English retail prices. Both wines, and spirits of every kind, are cheaper than in England ; the former 6s. to 10s., and the latter 15s. to 18s. per gallon. Sugar varies from 3d. to 6d. per lb. in the shops. Good green tea, 3s. to 4s., : best Hyson, 5s. to 7s. : black, 2s. to 3s. per lb. I here insert two shopkeepers' SETTLEMENTS IN AUSTRALASIA. 45 advertisements, as they appeared in the colony newspaper, in the month of June, 1823, from which a tolerably correct idea of the prices of both English and India manufactures, may be found. TC10R SALE, at the Stores of , the undermentioned -*• GOODS, imported by the Calder; viz. calico in bales of 12- yard pieces, at lis. per piece; fine Fatna prints, 4£-yard pieces, at 5s. Gd. ; checks, 9 yards, narrow stripe and superior quality, at 7s. ; large gurrahs, for sheeting, 14s. per piece ; table cloths of all sizes, from lis. to 16s. each ; bandannas, 25s. per piece ; the undermentioned cloathing, warranted full size and well made, blue nankeen pantaloons, 6s. 9d. per pair ; brown ditto, 6s. 6d. ; fine long-cloth shirts, frilled, 7s. 6d.; calico ditto, 4s. 6d.; check ditto, 3s. ; black silk handkerchiefs, 21. 10s. per piece of 20 hand kerchiefs ; Pataa palempores, from 10s to 14s. ; nankeens 5s. 6d. per piece by the box ; fine white Benares sugar-, 4d. per lb. by the bag ; excellent hyson tea, in whole and half chests, at 81. 2s. 6d. per chest ; table rice, at 25s. per bag ; white Tranquebar soap, 5id. per lb. by the box; Cognac brandy, 35s. per dozen, without duty; stationery of all sorts, with spelling books, at Is. 6d. each; 3 baskets of canvas bags, 2s. 6d. each ; duck, 30s. per bolt ; wax candles, 3s. 9d. per lb. by the box ; sallpetre, 9d. per lb. by the bag; land elephant ivory, by the tooth, 7s. 6d. per lb., &c. &c. ON SALE, at the Stores of -, George-street, at the following Prices ; viz. best copal polishing varnish, 21. 8s. per gallon; best copal body ditto, 21. 10s. per gallon; ditto ja- panner's gold size, 11. 16s. ; ditto black japan, II. 16s. ; ditto mastic varnish, 21. 16s. ; ditto carriage ditto, 11. 16s. ; ditto tur pentine, 8s. 3d. ; boiled oil, 6s. 9d. ; linseed oil, 6s. ; white lead, 21. 14s. 2d. per cwt. ; black paint, Is. per lb. per cask ; blue ditto ditto, Is. 9d. ; green ditto ditto, 4s. 3d. ; red ditto ditto, 7d. ; fine ground patent yellow, 2s. ; boxes of painters' superfine co lours, 4s. ; fine poppy oil, 3s. 6d. per gill ; assorted bladder co lours, Is. each ; camel hair pencils, 2d. to 8d. ; hogs' hair varnish tools, Is. 6d. to 3s. ; ditto ditto, fine assorted, 2s. to 3s. 6d. ; red chalk, 9d. per lb. ; stone blue, 4s. 3d. per lb. ; starch, 51. 12s. per 46 STATISTICAL ACCOUNT OF THE cwt.; camel hair tips, Sd.each; fine scarlet lake, 8s.peroz ; ditto crimson ditto, 10s. peroz. ; genuine vermilion, lis. per lb. best Turkey umber, Is. 6d. per lb.; burnt umber, 2s. per lb. fine king's yellow, 5s. 3d. ; ditto yellow ochre, Is. 4d. per lb.; ditto Naples yellow, 5s. 3d,; sash tools and dusters, various; terra de senna, 8s. per lb. ; ditto ditto, burnt, 10s. per lb. ; lamp black, 61. per cwt. ; ivory ditto, 21. 10s. per cwt. ; best black lead, 31. 8s. 6d. per cwt. ; London glue, 61. 8s. per cwt. ; Prussian blue, 10s. 6d. per lb. ; sulphur, 31. 9s. per cwt. ; roll brimstone, 31. per cwt. ; alum in lump, 21. per cwt. ; treacle, 21. 5s. per cwt. lump rotteu stone, 21. 16s. per cwt.; pints of salad oil, 11. 7s- per dozen; half ditto, ditto, 13s. 6d. per dozen; shrimp sauce, 11. 7s. per dozen ; essence anchovies, 11. 2s. 6d. per dozen ; mush room ketchup, in pints, 11. 7s. per dozen ; ditto ditto, half pints, 13s. 6d. per dozen; mustard, in half bottles, 11. 7s. per dozen; ditto, quarter bottles, 9s. per dozen ; best loaf sugar, per- loaf, 10i d. per lb. ; best English sugar candy, 51. 14s. per cwt. ; brad awls, 8s. 3d. per gross ; flooring ditto, 8s. 3d. per ditto ; shoe maker's awls, 10s. 6d. per ditto ; shoemaker's thread, 3s. 6d. per lb.; lamp cotton, 3s. 6d. per lb. ; best bristles, 14s. 3d. and 18s. 9d. per lb. ; candlewick, 4s. 6d. per lb. ; sand paper, 11. Is. per ream ; glass ditto, 11. 7s. per ditto ; emery ditto, 11. lis. 6d. per ditto ; best bees' wax, 5s. per lb. ; English pewter moulds — short 6 ditto, 21. 12s. per dozen ; long 4 ditto, 31. 18s. per dozen ; short 4 ditto, 31. 18s. per dozen; quart bottles blacking, 11. Is. per dozen ; pint ditto, 10s. 6d. per dozen ; half pint ditto, 7s. per dozen ; miniature frames, 5s. 7s. 9s. and 12s. per dozen ; cast steel hand saws, 26 inches, 51. lis. per dozen ; ditto panel ditto, 26 ditto, 51. Is. per dozen ; ditto, hand saws, 24 ditto, 51. 8s. per dozen ; ditto iron back, 19 ditto, 61. 10s. per dozen ; ditto ditto, 14 ditto, 51. 8s. per dozen ; ditto ditto, 9 ditto, 41. 13s. per dozen ; cast steel pit saws and tillers, 6 feet, 11. 19s. each ; ditto ditto, 6£ feet, 21. 2s. 9d. each ; ditto ditto, 7 feet, 21. 5s. 6d. each ; ditto ditto, 8 feet, 31. each ; ditto frame saws, 5 feet, 11. Ss. 9d. each ; ditto cross-cut ditto, and handles, 5 feet, 11. lis. 6d. each ; ditto ditto, 6 feet, 11. 18s. 3d. each ; ditto ditto, 7" feet, 21. 4s. each ; compass saws, 14 feet, 3s. each ; ditto ditto, 16 feet, 3s. 6d. each-; broad hair seating, 9s. per yard ; ditto ditto,"1 7s. 6d. per yard ; ditto ditto, 7s. per yard ; ditto ditto, 5s. 9d. per yard ; bine girth ¦web, per gross, 14s. ; gold colour nails, 7s. 6d. per 1000 ; black satin ribbons, 4d. 8d. Is. 4d. and 2s. per yard ; 1 foot rules, 12s. pei- dozen ; 2 ditto ditto, large joint, steel and pin holes, 11. 9s. SETTLEMENTS IN AUSTRALASIA. 47 per dozen ; 2 ditto ditto, 4fold, 11. 8s. per dozen ; ,3 ditto ditto, 4 fold, 11. 13s. per dozen ; 3 ditto ditto, 4 fold, brass slides, 21. ; sarsnet ribbon, black, 4d. 8d. Is. Is. 4d. and 2s. per yard; pink persian, 3s. 6d. per yard, per piece ; white sarsnet, half ell, 6s. per yard ; 16-inch black crape, 5s. per yard ; yard wide ditto ditto, 10s. 6d. per yard ; long clasp nails, 5s. 6d. per 1000; ditto ditto, fine ditto, 3s. 6d. ditto; ditto ditto, 4s. ditto; fine clout, 4s. 4d. per lb. ; ditto ditto, 3s. 6d. per lb. ; ditto ditto, 3s. 2d. per lb. ; rose-head nails, 10s. 9d. per 1000 ; ditto ditto, 6s. 8d. per 1000 ; long clasps, 7s. 4d. per 1000 ; dog nails, 9s. 4d. per 1000 ; ditto ditto, 7s. 3d. per 1000 ; 7 inch spike, 11. 10s. 9d. per cwt. ; 8 ditto ditto, 11. 10s. 9d. per cwt. ; clout, 5s. 3d. per 1000 ; fine ditto, Is. 10i d. per 1000 ; ditto ditto, 2s. 3d. per 1000 ; ditto ditto, 2s. 6d. per 1000 ; flat ditto, 11. 12s. 3d. per cwt. ; clout ditto, 11. 10s. per 1000; clout nails, 2s. per 1000; ditto ditto, 2s. 2d. per 1000 ; ditto ditto, 6s. 9d. per 1000 ; ditto ditto, 6s. per 1000 ; ditto ditto, 3s. 6d. per 1000; ditto ditto, 3s. per 1000; 5 inch spike, 11. 10s. 9d. per cwt. ; clout, 18s. per 1000 ; 6 inch spike, 11. lis. per cwt.; bannister brushes, 33s. 30s. 26s. 21s. 9d. 2Js. 8d. and 15s. each ; clothes ditto, 3s. 6d. each ; sash tools, 21s. 18s. 15s. 14s. 7s. 9d. 6s. 9d. 5s. 6d. and 4s. 6d. per dozen; dusters, 21. 18s. per dozen ; stained hearth brushes, 11. 10s. per dozen ; japan ditto ditto, 21. 5s. per dozen ; furniture brushes, 11. Is. per dozen ; superfine gilt hearth ditto, 21. 4s. per dozen ; yellow wove thick pot, and post, gilt, 11. 5s. 6d. per ream ; black edge ditto, ditto, 11. 5s. 6d. per ream; thin laid quarto post, 11. Is per ream; drawing demy, 21. lis. per ream; ditto medium, 31. 10s. 6d. per ream ; ditto royal, 41. 2s. per ream ; tracing paper, 12s. per quire ; corks, 3s. per gross; bungs, Is. 6d. per gross; corks, Is. 6d. per gross; ditto, at 2s. per gross; Epsom salts, 8d. per lb. ; whiting 2d. per lb. per cask ; gentlemen's hats, 11. 10s. ; ladies' ditto, 11. 15s. ; books of God, 4s. per book ; goldbeaters' skin, 9d. each ; fine sealing thread, Is. 6d. per ball of 2 ounces ; ditto lay cord, Is, per ball of 2 ounces ; box cord ; fishing lines, at Is. 6d. and 2b. each ; clothes lines, at 2s. 6d. and 5s. each ; plough ditto, at 9s. and 3s. each; and barge lines. 48 STATISTICAL ACCOUNT OF THE GOVERNMENT, JURISPRUDENCE, CI VIL AND MILITARY ESTABLISH MENT. The Island of Van Diemen's Land is a part of the general Colony of New South Wales, and as a dependency, subject to the same form of government in all respects, and regulated by the same act of Parliament (4 Geo. IV. Cap. 26). The governor of New South Wales is governor in chief, and the legislative council extends its authority over Van Diemen's Land. There is a lieutenant-governor of Van Die- men's Land who resides at Hobart Town. His authority is of course subject to that of the governor-in-chief; but in some matters, such as the granting lands to the emigrants, assign ing convict labourers, &c. his authority is inde pendent of the chief governor of New South Wales. The legislative council must be convened at the plaee of residence of the chief governor* that is, at Sydney ; from which circumstance the lieutenant-governor of Van Diemen's Land, who is appointed a member of the council, can very seldom, if indeed at all, attend at its deli berations. In order to remedy this inconvenience when it may arise, and in consequence of the growing importance of Van Diemen's Land, His Majesty is enabled, by a clause in the Act SETTLEMENTS IN AUSTRALASIA. 49 of Parliament, to erect that island into an inde pendent colony, a measure which it is already become quite necessary to adopt, and which it is understood the British Government intend to carry into immediate effect. In that case Van Diemen's Land will have its own distinct and independent governor and legislative council, with all and the like powers and authority, as the existing governor and council of New South Wales. The inhabitants of Van Diemen's Land have been hitherto subject to the most serious incon venience, from the want of a court of justice of competent jurisdiction. The only court ever established in the colony, was the " Lieutenant Governor's Court," in the year 1814 ; and its jurisdiction was confined to merely personal ac tions, for matters under the value of 50/. How ever, this inconvenience has, after a period of nineteen years, been at length remedied; for by the same Act of Parliament, 4 George IV. cap. 96, a court of justice having criminal, civil, and to a certain extent, ecclesiastical jurisdic tion, called the " Supreme. Court," has been established at Van Diemen's Land. This court is made a Court of Record, and has cognizance of all pleas, civil, criminal, or mixed ; and pos sesses the same jurisdiction in all cases what ever in Van Diemen's Land, and all the islands vol. ir. E 50 STATISTICAL ACCOUNT OF THE and places subject to its government, as his Majesty's Courts of King's Bench, Common Pleas, Exchequer, and Chancery at Westmin ster, have in England. It is also a Court of Oyer and Terminer, and general gaol delivery ; and its judge, or judges, have the same juris diction and authority as judges in England have. This court is to be holden by one judge, or chief justice, at present. In its criminal jurisdiction all crimes and misdemeanours are to be prosecuted by information, in the name of the attorney-general for the Colony, and tried by the judge, and a jury of seven com missioned officers of his Majesty's sea or land forces, either on full or half-pay ; and, in default of officers, by magistrates, to be ap pointed by the governor, but liable to chal lenge, upon the ground of interest or affection. In its civil jurisdiction all actions at law are to be tried by the judge and two assessors, being magistrates, to be nominated by the governor, and liable to challenge for any cause that a juror in England may be challenged. And where both parties to the cause are desirous of a trial by a jury of twelve men, that shall be granted upon application to the Court. The equitable jurisdiction and authority of the court is the same as the Lord High Chan cellor of Great Britain lawfully has in England. SETTLEMENTS IN AUSTRALASIA. 51 The ecclesiastical jurisdiction is not defined in the act of parliament. The court is to have all that the king may be pleased to grant by charter or letters patent ; and by the charter granted, it is limited to the granting adminis tration, probate of wills, and alimony. The court is authorised to proceed by process of foreign attachment against the effects of debtors absent from the Colony ; and also to declare insolvencies, and to distribute the_ effects of insolvent persons in Van Diemen's Land. In all cases where the sum or value of the matter at issue exceeds 500/. ; or any claim, demand, question of property, or civil right of that value is involved, an appeal lies from the judgment or decree of this court to the governor in chief) assisted by the chief justice of the supreme court of New South Wales, who is empowered to receive, hear, and deter mine such appeals ; and whose judgment and decree shall be final in all cases, under the value of 2,000/. sterling. But in all cases where the sum or matter at issue exceeds the value of 2,000/. sterling, final appeal lies to his Majesty in council. The governor is also authorised and directed by the act of parliament to establish Courts of General or Quarter Sessions, having power and e2 52 STATISTICAL ACCOUNT OF THE authority to take cognizance of all matters and things cognizable in courts of General or Quar ter Sessions in England, so far as the condition and circumstances of the Colony will require and admit. The governor is further authorised and directed to establish " Courts of Request," to hear and determine, in a summary way, all ac tions and suits for the recovery of debt, damage, and other matter not exceeding ten pounds sterling. These are all the courts of justice at present established, or in the course of being esta blished, at Van Diemen's Laud ; for the details, and particular powers and authorities of which, the reader is referred to the abstract of the act of parliament, and charter, in the Appendix. The ecclesiastical establishment of Van Die- men's Land consists of two chaplains of the Church of England, appointed and paid by the crown ; one of whom resides at Hobart Town, and the other ,at Launceston. There is no chaplain appointed to any of the other town ships or districts in this island ; and, consider ing its relative population and importance, Van Diemen's Land is certainly not so well supplied, in point of numbers, with chaplains as the settlements at Port Jackson ; for there are nine chaplains at the latter settlements, and only SETTLEMENTS IN AUSTRALASIA. 53 two at Van Diemen's Land. Besides the go vernment chaplains, there is a clergyman of the Wesleyan Methodists, supported by that body of people, resident at Hobart Town, who, besides exercising the functions of his ministry there, statedly itinerates in the neighbouring districts, in the same way as the ministers of that persuasion do in England. A clergyman, of the Church of Scotland, has also lately gone to Van Diemen's Land ; who resides and officiates at Hobart Town. Both the church and dissenting clergymen are gentlemen of piety, zeal, and diligence, in their respective > offices ; and the ministry is both well attended and useful in the Colony.* It has been before observed, that a handsome church has been erected at Hobart Town ; and a handsome Wesleyan chapel has been also erected by private subscription. The Auxiliary Bible Society, of New South Wales, takes in Van Diemen's Land, where two associations, one at Hobart Town, and one at Launceston, have been established in connexion with it. These institutions have been esta blished under the patronage of Lieutenant * Besides these, one of the two Roman Catholic priests ap pointed to these Colonies, and paid by the Government out of the Colonial Revenue, generally resides and officiates at Van Diemen's Land. 54 STATISTICAL ACCOUNT OF THE Governor Sorell, and are supported liberally and actively, by the principal inhabitants. They have distributed the Scriptures very generally among the Colonists, and have contributed greatly in aid of the funds of the Parent Society in England. What has been before observed, with re spect to public schools, and the means of education, equally applies to Van Diemen's Land as to New South Wales. There are eight regular public day schools in the seve ral districts of Van Diemen's Land, where the children of the settlers obtain good plain education gratuitously, or at a very small ex- pence, according to their circumstances. The masters of these schools receive salaries from the police fund, (that is the colonial revenue) are appointed by the governor, and the whole placed under a general superintendent of schools. Besides these, there is a respectable boarding- school at Hobart Town, conducted by a gentle man of ability ; and there are several private day-schools, independent of the government public schools. On the whole, Van Diemen's Land is as well, if not better, supplied than most of our colonies with the means of plain school instruction. There is no orphan school, either male or female, at Van Diemen's Land ; but Sunday schools have been established at Hobart town and Launceston ; and, indeed, all the public schools are also Sabbath schools. The military force at Van Diemen's Land con sists of three companies of infantry, detached from the head-quarters at Sydney, and quartered at Hobart Town and George Town. The com mandant at George Town is, generally, com manding officer of the detachments at Van Diemen's Land. There is no naval force sta tioned at Van Diemen's Land, although, as has been observed before, such a force is absolutely necessary, and much wanted for the protection of the trade of the Colony, as well as for a check upon the convicts attempting to cut out vessels, and run away. POPULATION— STATE OF MORALS- PUBLIC INSTITUTIONS. The population of Van Diemen's Land con sisted, as taken at the general muster, or census in 1821, of 7,185 souls, of whom 3,246 were free persons, and 3,939 were convicts. Since that time upwards of five hundred respectable families have emigrated to Van Diemen's Land ; and some convicts have also been sent out : so that the entire population may be estimated, at this time, at between eleven and twelve thousand souls. 56 STATISTICAL ACCOUNT OF THE The state of morals and society at Van Die- men's Land differs in no respect from that of the settlements at Port Jackson ; and the same remarks apply to the native youth of both settlements. The respectable portion of society, chiefly recent emigrants at Van Die- men's Land, isj in proportion to the whole, pro bably greater than at Port Jackson ; while at the same time the general manners, conduct, and appearance of the mass of the people, is both more orderly and temperate at the latter settlements, in consequence, perhaps, of being the seat of the chief government ; of being bet ter supplied with religious instruction and the means of education ; and of having had courts of justice ; the absence of all which was, until very lately, and is, indeed, as yet, severely felt at Van Diemen's Land. If there be any difference in the moral state of society in the two settle ments, it is certainly owing to the foregoing accidental circumstances, and not to any in herent superiority in the population of the one over the other. The habits, usages, and cus toms of the people are the same in both settle ments, and are purely and entirely English; there being no admixture of foreigners, or of foreign habits in Australasia ; and an English man will find himself as much at home, as to manners and customs, as in his native country. The colonists feed, dress, employ, and amuse themselves, and associate together as in England; SETTLEMENTS IN AUSTRALASIA. 67 with the only exception, that in a new coun try, where the population is so thin, and widely scattered over a great extent of surface, the same style, neatness, and comfortable con venience cannot be obtained as in this country. Indeed, Van Diemen's Land may be partly con sidered as the most truly English country in the world, out of Europe. It is, in most re spects, another England, only with less refine ment, elegance, and convenience. The civil institutions established in this Co lony, by individuals independent of the govern ment, are a Bank and Agricultural Society. The Bank, in the nature of a Joint Stock Company, was established at Hobart Town, last year, 1823 : the capital subscribed was 40,000 dol lars, divided into 200 shares of 200 dollars each. This is an institution which had been long wanted at Hobart Town, and it cannot fail of proving of very great advantage to the Colony. The circulating medium had been previously very much confined to the small pro missory notes of private individuals : all of which could not be of the same value or credit in the market ; nor could the drawers be con sidered as of equal responsibility, as to their means of paying. The notes of. the Bank will in time remedy and render unnecessary that vicious circulation; and, at the same time, 58 STATISTICAL ACCOUNT OF THE afford the colonists considerable assistance in developing the means and resources of the Colony. The Agricultural Society was established in Van Diemen's Land, under the patronage of Lieutenant-Governor Sorell, and all the respecta ble gentlemen and settlers of the Colony have become members. Its objects are to improve the live stock and agriculture of the Colony, by the introduction of a better breed of horned cattle, horses, and sheep ; to promote a pro duction suitable to the soil and climate, and to introduce a better system of husbandry. To accomplish these objects considerable sums have been subscribed, and they are expended in the purchase of animals, lands, plants, im plements, &c. and in the distribution of medals and other rewards. There is no doubt that this valuable institution will have the most beneficial effects in improving the agriculture of the Colony. ADVANTAGES WHICH THESE COLO NIES OFFER TO EMIGRANTS, AND THEIR SUPERIORITY HEREIN TO BRITISH AMERICA, AND THE UNI TED STATES. From the foregoing picture of the actual SETTLEMENTS IN AUSTRALASIA. 59 means and condition of these Colonies, it is manifest that they offer great and decided ad vantages to emigrants. In consequence of Van Diemen's Land being as yet more a pastoral than an agricultural country, the prospects pre sented to the mere agriculturist, and the tillage farmer, are certainly not so flattering as those presented to the grazier. Nevertheless, that the skilful farmer would be enabled to obtain an independent and comfortable subsistence is, however, indubitable ; and the larger his family, provided they were of sufficient age to afford him an effectual co-operation, the greater would be his chance of a successful establishment. Hundreds of this laborious class of people, who, in spite of unremitting toil and fru gality, find themselves every day getting be hind-hand with the world, would undoubtedly better their condition by emigrating to these colonies, if there were only a probability that they would be enabled to go on, from day to day, as they are doing here. In England they are at best but tenants of the soil they cul tivate : — whereas there they would be proprie tors, and the mere advance, which would be taking place in the value of their farms, would, before many years, render them not only inde pendent, but even wealthy. Of the truth of this assertion, we shall be fully convinced by referring to the price of land on the banks of 60 STATISTICAL ACCOUNT OF THE the Hawkesbury and Nepean rivers,— the only parts, which can be said to be even tolerably colonized. It has already been stated that, as far as the river Hawkesbury is navigable, the unimproved land is worth five pounds per acre, and improved land double that amount. This land was at first of no value whatever; be cause in the infancy of societies, so long as there was an unlimited scope of land of the first quality, which any one might occupy, as far as his occasions required, it is evident that there would be no purchasers ; since it is ab surd to imagine that any one would buy that which he could obtain for nothing. It is only, (as Mr. Ricardo has demonstrated,) when land of an inferior quality is brought into cultiva tion, and when the difference in the produce of the two sorts gives the occupier of the one a superiority over the occupier of the other, and renders it as eligible for a person to cul tivate land of the first description as a tenant, and to pay the proprietor the difference of pro duce by way of rent, as to be himself the pro prietor of land of the second description ; — or, when the situation of the different appropriated tracts of land does not admit of the convey ance of their produce to market at an equal cost ; and thus again gives the owners of those farms, which are more contiguous, an advan tage over the owners of those which are more SETTLEMENTS IN AUSTRALASIA. 61 remote : — I say it is only — when societies have made that progress, which begets one or the other of these contingencies, or both— that land is of any value whatever. In the course, there fore, of thirty-one years, the tract of land in question, taking the unimproved part as our criterion, (since the improvements made in that portion of it, which is in a state of cultivation, may be considered tantamount to the difference in value between the one and the other,) — has evidently risen to this enormous price, from having been of no worth whatever ; or, in other words, each acre of land has increased in value, during the interval that has elapsed, since the foundation of the Colony, at the rate of 3s. 2\d. per annum ; and that, too, under the most im politic and oppressive system to which any colony, perhaps, was ever subjected. How much greater, then, will be the future rise in the value of landed property, now that the greater part of the disabilities, under which the inhabitants have been so long groaning, have at length been repealed ? Without taking at all into the estimate the melioration, which the radical change in the polity of this Colony will occasion in the condition of the agricultural body ; without depending on the probability that it will soon be in the power of the laborious and frugal settler to rise rapidly to wealth and independence ; — it must be evident that the 62 STATISTICAL ACCOUNT OF THE mere increase, which is yearly taking place in the value of landed property, affords of itself the strongest inducement to emigration ; — since, if it does not hold out to the industrious colo nist the prospect of acquiring immediate wealth, it relieves him from all apprehensions for his family, should a premature destiny overtake him self. He at least knows that every succeeding year will be augmenting in a rapid manner the value of his farm, and that the same spot which administers to his and their present wants, can not fail to suffice for their future. This is of itself a most consolatory prospect ; it at all events prevents the present good from being embittered with any dread of future evil ; it gives the industrious man the tranquil enjoy ment of the fruits of his labours, and rescues him from the necessity of hoarding up against the approach of gathering calamity — against the stormy season of impending poverty. The amelioration that would take place in [ the condition of the mere labourer, who should emigrate to this colony, without funds adequate to the formation of an agricultural establish ment, would not be so considerable. Still there can be no doubt that the honest and industrious man would always be able to provide for himself and his family, not only the mere necessaries of life — a sufficiency of food and SETTLEMENTS IN AUSTRALASIA. 63 clothing, but many comforts besides, which with his utmost endeavours he cannot obtain in England, without having recourse to parochial relief. He would, therefore, at all events, emancipate himself from that humiliating, that demoralizing necessity : for, although there is confessedly a greater portion of labour in the Colony, than can at present be maintained in activity, any person, who might emigrate thither voluntarily, would easily find employment, when those who are, or have been, under the operation of the law, would seek for it in vain. A good character is a jewel of greater value there than in this country, because it is more difficult to be met with ; and consequently all the advantages which it procures its possessor in the one place, it will insure him, at least, in a two-fold measure in the other. These colonies offer no encouragement to the manufacturer. Manufactures are not now, and never were, prosperous in the colony ; and in deed it is impossible that they should be, in a country destitute of the requisite capital, skill, and machinery ; and where every necessary arti cle of manufacture can be imported at a cheaper price, and of a better quality than it can be made. To this class, therefore, with reference both to the master and journeyman, a removal to the colonies would undoubtedly be prejudi cial. 64 STATISTICAL ACCOUNT OF THE For the artizan and mechanic, who are skilled in works of utility, rather than of luxury, there is not, as it has been already remarked, any part of the world, perhaps, which affords a greater chance of success. To any, therefore, who have the means of removing themselves and families to these colonies, the removal would be in the highest degree advantageous. They could not fail to find immediate employment, and to receive a more liberal return for their labour, than they would be able to procure elsewhere. The blacksmith, carpenter, cooper, stonemason, bricklayer, brickmaker, heel and plough-wright, harness-maker, tanner, shoe maker, taylor, cabinet-maker, shipwright, saw yer, &c. &c, would very soon become indepen dent, if they possessed sufficient prudence to save the money which they would earn. For the master-artizan and mechanic, the prospect, of course, is still more cheering ; since the la bour they would be enabled to command would be proportioned to the extent of their capital. The advantages, however, that these colonies offer to this class of emigrants, great as they undoubtedly are, when considered in an isolated point of view, are absolutely of no weight, when placed in the balance of comparison with those which they present to the capitalist, who has the means to embark largely in the breeding of fine woolled sheep. It may be safely asserted, SETTLEMENTS IN AUSTRALASIA. 65 that of all the various openings, which the world at this moment affords for the profitable invest ment of money, there is not one equally invit ing, as this single channel of enterprize offered by these colonies. The proof of this assertion I shall rest on two calculations so plain and intel ligible, as to be within the scope of the com prehension of all. Before I proceed, however, it is necessary to settle a few points, as the data on which these calculations are to be founded, viz. the value of the wool, the weight of the fleeces, and the number of sheep to be kept in a flock. And first, with regard to the value of the wood grown in this colony, it has been stated in evidence before the Committee of the House of Commons (1819) who were inquiring into the state of this colony, " that for the greater por- " tion of this wool, the following regularly " increasing prices were obtained: * In 1816 . . .2s. 6d. per lb. "In 1819 . . . 3s. 6s. to 4s. per lb. " In do. second importation, 4s. Id. per lb. " In 1819 . . .5s. per lb." " It is to be observed, too, that the three last " sales were for ready money ; but, had a cre- " dit of ten months been allowed, as is usual VOL. II. F 66 STATISTICAL ACCOUNT OF THE " on foreign wools, the price of the best would " have been nearly 6s. per lb. The whole^was " purchased by manufacturers;in\Yorkshire and " the west of England ; and it has been ascer- " tained that some of the fleeces, which have " been washed and sorted by the buyers, have " been valued as high as 9s. 6d. per lb. The " average of the years 1820/1, 2^and 3/ have " been 4s. 6d. to 5s. 6d. per lb." After this statement, which has been pub lished in the proceedings of the Committee of the House of Commons, it will not, I think, be doubted, that to take the future average price of the best description of wool grown in this colony at 4s. per lb. is to form an estimate, which, in all probability, will fall very far short of the truth. Let this price, however, be one of our data,. and let us allow two pounds and a half, which is also an estimate equally moderate, as the average weight of each fleece. The weight of a yearling's fleece may be taken at 1 1 pound, and the value of the wool at 2s. 6d. per lb. The number of ewes generally kept in a flock by the best breeders are about 330 ; and let us suppose that the emigrant has the means of purchasing a flock of this size of the most improved breed. This, with a sufficient num ber of tups, may be had for 925/. SETTLEMENTS IN AUSTRALASIA. 67 These are the data, on which I intend to found my first calculation ; but as there are not probably more than 10,000 sheep in the whole colony, which produce fleeces of the above quality ; and as, from the number of persons, who either have emigrated, or are on the point of emigrating thither, the whole of them will not possibly either possess the means, or meet with an opportunity, on their arrival, of purchasing a flock of this description, it may perhaps be desirable that this work should also contain a calculation of the profits to be derived from the ordinary race of sheep, or at least from that race, which has yet been but partially crossed with the Spanish breed. Before I pro ceed, therefore, with my first calculation, it will be the better way to ascertain the data on which to found my second ; and although it must be evident, from the reasons already assigned, that the sales of wool made at the commencement of the present year are by no means a fair standard, by which to determine the value of this sort of wool, I am willing, in order that the future emigrant may have the expectations, with which he may go out to the colony, more than realized, to take for one of my data the price, which this sort of wool averaged in the present depressed state of the market. — 140 bales of this wool were sold on the 14th of January, 1820, by public auction at Garra- f 2 68 STATISTICAL ACCOUNT OF THE way's Coffee House, at prices varying from 3s. Id. to Is. 6d. per lb. ; but the whole quan tity averaged only 2s. Id. per lb. There are, probably, about 30,000 sheep in the colony, that produce wool of this quality ; the fleeces of these sheep may be averaged at 2-Ubs. and the yearlings' fleece at 1 lb., for which Is. 6d. per lb. may be safely allowed. A flock of 330 two year-old ewes of this description may be' bought at the rate of 30s. per head, or for 495/., and with five, the requisite number of Spanish tups, 600/. These points being determined, I will now proceed with my Calculations. Notwithstanding the reduction that has taken place in the price of wool within the last two years, 1822 and 1823, still the fine and secondary wool of Australasia maintain fully the foregoing averages : 333 bales of ordinary New South Wales wool, sold in March, August, and De cember, 1823, brought from Is. 5d. to 2s. 9c?. per lb. ; the average was about 2s. The first quality was sold by private contract, and aver aged more than 4s. I calculate, therefore, upon 4s. per lb. for the best, and 2s. for the ordinary wool of New South Wales ; and for lambs' wool, 2s. 6d. and Is. From those prices are to be deducted sorting and packing in the colony, Id. per lb., freight at '2d. per lb., insurance at 3/. 10s. per cwt. duty in England la?, per lb., commis sion and other charges, 4,1. per cwt, leaving the SETTLEMENTS IN AUSTRALASIA. 69 nett value of fine wool, 3s. 6d. per lb., lambs' wool, fine, 2sv, ordinary, Is. 6d., and lambs, 9d. per lb. The Spanish tups I suppose to be bought in England, and of the best Merino blood, the price, with the expence of conveying them out to Australasia, will be more than covered by 20/. per head. In consequence of the quick growth of ani mals to maturity in Australasia, horned cattle and sheep are fit to slaughter at an earlier age than in England. Sheep never miss breeding from the time when they are allowed to com mence, which is at the age of two years, when they drop their first lamb, and then continue breeding up to seven years of age, when the ewes are fatted for the butcher. A con siderable part of the male lambs, about one- third, are generally of a good size, and fit for the butcher at six to nine months old, when they will weigh, on an average, 40lbs. per car case, and may then be sold for 20s. per head. The remainder of the males are kept up as wed- ders, and sold at two and a half years old for wards, average weight about 60lbs. the carcase, and all bring a price from the butcher of 30s. The old ewes, when fat, will sell for 20s. to 25s. each. In the following estimates, I suppose that all the female lambs are preserved for breeders, that each ewe will give five lambs, 70 STATISTICAL ACCOUNT OF THE and then be sold off to the butcher ; that one- third of the male lambs will be sold to the butcher, at six to nine months old, and the remainder kept up as wedders, and sold at two years and a half forward. The expence attend ing a flock of sheep is, the erection of a yard to keep them in at night, 20/. ; the wages of a shepherd to attend to them, 35/. per annum ; i shearing, and sundry other expences, 10/. ; and I allow five per cent, on the animals for casual ties. I also suppose that, of the fine wool sheep, the value of the ewe lambs will be — the first year, 30s. and 10s. increased value per annum for the two succeeding years ; the male lambs, 20s. the first, and 5s. increased value the two succeeding years ; and of the ordinary wool sheep, ewe lambs, worth 20s. the first, and 5s. increase each of the two succeeding years, and males the same. £825 0 0 100 0 0 20 0 0 35 0 0 10 0 0 CALCULATION OF THE BEST WOOL SHEEP. Capital invested, viz. 330 year and half old ewes, at 50s. - 5 Merino tups, - at 201. First Year. £925 0 0 330 breeding ewes, original flock, will produce 155 ewe, and 155 male lambs, allowing for casualties. Expences : Erecting stock-yard --... 20 00 3 Wages, 1 shepherd - 35 0 0 h Sundries ---.. 10 00 f 65 0 0 g Produce: Wool, 330 fleeces, 825lbs. at 3s. 6d. nett. > . g Animals sold off, 50 wedder lambs, at 20s. J " " ^'' 0 0 z Nett income this year, equal to 141. Is. per cent. - . 130 0 0 S Increased value of stock: 155 ewe lambs, at 30s. ^ 10 wedder. ditto, 20s. ) 3421. 10s. equal to 37 per 3 5 tups - 40s. V cent. I > Second Year. 260^ w 330 Breeders, original flock, will produce 155 ewe, and 155 male ^ lambs. ^ Expences : Erecting 1 stock yard --.. 20 00 t"1 Wages, 2 shepherds --.. 70 00 §J 110 0 0 Sundries Produce: Wool, 330 fleeces, 8251bs, at 3s. 6d. > 260 lambs, 390 at 2s. S wj / bf 223 7 6 Animals sold off, 50 wedder lambs, at 20s. - - 50 0 0' Nett income this year, equal to 121. 5s. per cent. - - 113 7 6 20 0 0 70 0 0 20 0 0 173 7 6 50 0 0- CALCULATION OF THE BEST WOOL SHEEP— continued. Increase value of stock on 155 last years' ewe lambs, at 10s. " 100 ditto, wedder ditto, - 5s. 5 rams 20s. .450 equal to 48£ 155 ewe lambs, this years' 30s. per cent. 100 wedder, ditto 20s. 5 tups - 40s. -1 Third Year. . Breeders: 330 original flock. 155 first years' lambs. 485 will produce 230 ewe, and 230 male lambs. Expences : Erecting stock-yard Wages, 3 shepherds and 1 labourer, at 25s. Sundries - 20 0 0 130 0 0 15 0 0 20s. :\ Produce: Wool 590 fleeces, l,4751bs. at 3s. 6d.£ 260 ditto, lambs, 3901bs. 2s. 5 Animals sold off: 70 wedder lambs, at 100 wedders, 2i years old, 30s, Nett income this year, equal to 381. Is. per cent. Increased value of stock on 155 ewes, first years' lambs, at 10s. ^ 5 tups, ditto. 20s. 155 ewes, second ditto, - 10s. 100 wedders, ditto, - 5s. (.7801. equal to S tups. ditto, - 20s. [ 841. per cent. 230 ewe lambs, third year, 30s. 150 male ditto, - 20s. 10 tups, - . 40s. 297 2 6i 220 0 0V 165 0 0 352 2 6 517 2 6 osH>H<— t en Hw n>>oo o assH o*J nXM CALCULATION OF THE BEST WOOL SHEEP- Fourth Year. Breeders: 330 original flock. 155 first years' lambs. 155 second ditto, 640 will produce 305 ewes, and 305 male lambs. Expences : Erecting stoek-yard - Wages, 4 shepherds and 1 man Sundries - - continued. 20s.? 30s. $ Produce : Wool, 740 fleeces, 18501bs. at 3s. 6d. > 390 ditto, lamb, 85 52s. S Animals sold off: 100 male lambs, at 100 wedders, 2£ years old Nett income this year, .equal to 451. 1 Is- per cent. Increased value of stock om 155 ewes, second years' lambs at 10s. 5 tups, second ditto, - 20s. 230 ewes, third ditto, - 10s. 150 wedders, third ditto, - 5s. 7471. equal to 10 tups, third ditto - 20s. • 801. per cent. 305 ewe lambs, fourth ditto 30s. 200 male ditto, fourth ditto 20s. 5 tups, fourth ditto - 40s. Less reduced value of the original flock, 330 at 10s. Fifth Year, Breeders, 330 original flock, 540 first, second, and third years' ewe lambs. will produce 410 ewe and 410 male lambs. 20 0 0 165 0 0 ' 25 0 0 383 5 Ot 250 0 0* 210 0 0 422 5 0 632 5 Q zt. W H HBg W- ZHen S5s- CceH P 50 20 0 0 200 0 0 30 0 0 CALCULATION OF THE BEST WOOL SHEEP— continued. ^ Expences : erecting stock-yard - ' '"' Wages, 5 shepherds and 1 man Sundries 250 0 0 Produce : wool, 1040 fleeces, 26001bs. at 3s. 6d. > «i in n 510 ditto lamb, 7651bs. at 2s. S ' oai ru u co Animals sold off, 150 wedders, 2} years old, at 30s. j g^O q q >' 130 male lambs, at 20s. $ _ ___ ggg q 0 " Nett income equal to 701. 5s. per cent. - - 650 0 0 « Encreased value of stock : ^. 230 ewes, third years' lambs, at 10s.^ P 10 tups, ditto, at 20s. 305 ewes, fourth ditto, at 10s. 200 wedders, ditto, at 5s. 5 tups, ditto, at 20s. 410 ewe lambs, fifth year, at 30s. 270 male, ditto, at 80s. 10 tups, ditto, at 40s. Less reduced value of original flock, 3301bs. at 10s. At the end of the fifth year, the stock and value will be as follows :— o 330 old ewes, original flock, to sell off, at 20s. - - 330 0 0 g 155 ewes, first years' lambs, at 40s. -.- - 31000 M 690 ditto, second, third, and fourth years ditto, at 50s, 410 ewe lambs, fifth years' ditto, at 30s. 200 wedders, two years' old, at 35s. 270 ditto lambs, at 20s. 25 tups, at 41. - 3600 0 0 9201. equal to 1001. per cent. 330 0 0 310 0 0 1725 0 0 615 0 0 250 0 0 270 0 0 100 0 0 It appears, therefore, that at the end of five years, the capital will have en creased to four hundred per cent ; and, in the mean time, give an average annual income of 361. per cent, on the capital invested. CALCULATION OF ORDINARY WOOL SHEEP. Capital invested, viz. en 330 year and half old ewes, at 30s. - 495 0 0 B 5 Merino tups, bought in England, and costof carryingout, &c. at201. 105 0 0 *j r 600 0 0 ^ First Year. 5 Breeders, 330 original stock will produce 155 ewe and 155 male g lambs, allowing for casualties, 20. Z Expences: erecting stock-yard - ' ^0 0 0 H Wages, 1 shepherd .... 35 0 O Animals sold off, 50 wedder lambs, at 20s. - - 50 00 „, „ , « Ill 17 O hj Nett income, this year, equal to 71. 16s. per cent - - 46 17 6 . » Increased value of stock, viz. — P 105 ewe lambs, at 20s. ~) > 100 wedder ditto, 20s. S-2621. equal to 431. per cent. - 5 Tups ditto, 30s. > r* Second Year. 'Breeders, 330 original flock, will produce 155 ewes, and 155 male this year : Expences: erecting stock-yard .... 20 0 0 i Nett income, "this year, equal to 31. lEs.M. per cent. - 21 10 0 £ Encreased value of -stock : h 155 ewes, first years' lambs, at 5s. 100 wedders, (fato ditto, at 5s. 5 Tups, ditto ditto, at 10s. i 328l> j tQ 541# cent 155 ewe Iambs, second yearr, at 20s. 100 wedder .ditto, ditto, at 20s. 5 Tups, ditto, at 30s. J gG. Third Year. « Breeders, 3®0t>riginal flock 155 first years' lambs. q _ — — *^ 485 will produce 230 ewe and 230 male lambs, H Expences: erecting stockyard ... - 20 0 0 g Wages, 3 shepherds and 1 boy - - - 130 0 0 W SranrlTip 260 ditto lamb, 3901bs. at 9d. J Animals sold off, 70 wedder lambs, at 20s. > 100 wedders, 2£ years old, at "30s. } 345 0 0 20 0 0 120 0 0 20 0 0 125 0 0 220 0 0 H CALCULATION OF ORDINARY WOOL SHEEP— continued. Nett income, equal to 311. per cent. Encreased value of stock : — 155 ewes, first years' lambs, at 5s. ^ 5 tups, ditto, at 10s. 155 ewes, second years' do. at 5a. j 100 wedders, ditto, at 5s. \^\ equai to 831. per cent. 5 tups, ditto, at 10s. i-*" 4 230- ewe' Iambs, third years, at 20s. 150 male ditto, ditto, at 20s. 10 tups, ditto, at 30s. Fourth Year. Breeders, 330' original flock, 31.0 fkstland Second years lambsi 185 0 0 640 will produce 305 ewe and 305 male lambs. Expences'S erecting stock-yard Wages, 4 shepherds and 1 man Sundries' - » - Produce: wool, 750 fleeces, 18751b. at Is. 6d. ) 39©* ditto lambs, 585, at 9d, 5 Animals sold off, 100 male lambs,, at- 20s. 7 100 wedders. 2J year;, at 30s . i Nett income, this year, equal to 351. 10s. percent. Encreased value of stock, vitf. — 20 0 0 165 0 0 15 0 0 163 0 0 250 0 0 200 0 0 213 0 0 413 0 0 CO H i-3>-3 PH W% H ce >C cc>-3P3 >P ^3 CALCULATION OF ORDINARY WOOL SHEEP— continued. 155 ewes, second years' lambs, at 5s.~ 5 tups, ditto, 230 ewes, third ditto, 150 wedders, ditto, 10 tups, » ditto, 305 ewe lambs, 4 ditto, at 10s. at 5s. at 10s." f 5701. equal to 951. per cent 200 wedders, 5 tups. ditto, ditto, at 20s at 20s. at 30s, Less reduced value of original flock, at 5s. J Fifth Year. Breeders, 330 original flock, 540 first, second, and third years' lambs. 870 will produce 410 ewe and 410 male lambs. Expences : erecting stock-yard - Wages, 5 shepherds and 1 man Sundries - ' - "' Produce : wool, 1040 fleeces, 2600 at Is. 6d. > 510 ditto lambs, 765 at 9d. S Animals sold off, 130 male lambs, at 20s. ? 150 wedders, 2J years, at 30s. S Nett income equal to 551. per cent. - - - Encreased value of stock, viz. — 20 0 0 200 0 0 30 0 0 224 0 0 356 0 0 250 0 0 330 0 0 00 H >Hi— i ccHt— < O >P !» o o o c ZH o 580 0 0 H CALCULATION OF ORDINARY WOOL SHEEP— continued, 230 ewes, third years' lambs, at 5>." 10 tups, ditto, at 10s. 305 ewes, fourth ditto, ditto, at 5s. 200 wedders, ditto, at 5s. 5 tups, ditto, at 10s. f-8001. equal to 1331. per cent. 410 ewe lambs, fifth ditto, at 20s. 270 male, ditto, at 20s. 10 tups, ditto, at 30s. Less by reduced value of original flock, at 5s. j At the end of the fifth year, the stock and value will be as follows : — 330 old ewes, original flock, to sell off, at 30s. 155 ewes, first year's lambs, at 25s. 690 ditto, second, third, and fourth year's lambs, at 30s. 410 ewe iambs, fifth year's, at 20s. ... 200 wedders, two years old, at 25s. - 270 ditto lambs, at 20s. ..... 25 tups, at 40s. - - - - - It appears that at the end of five years, the capital will have encreased four hundred and twenty three per cent. ; and, ia the meantime, give an average annual income of 261. 10s. per cent. 330 0 0 193 15 0 1035 0 0 410 0 0 250 0 0 270 0 0 50 0 0 2538 15 0 CO HP H gHZHCo >QCOHse> p > CD CO 80 STATISTICAL ACCOUNT OF THE It would be useless to prosecute these calcu lations, since any person who may be anxious to ascertain their further results, may easily arrive at them himself. On examining the first of them it will be evident, that, — with the most liberal allowances for all manner of expences, casualties and deteriorations, — capital invested in this channel will yield the first year, an interest of of about 14/. per cent., besides experiencing itself an increase of upwards of 37/. per cent. — that the second year it will yield an interest of rather more than 121. per cent., besides experiencing itself a farther increase of 4&. per cent. — and that the third year it will yield an interest of rather more than 38/. per cent., besides expert encing itself an additional increase of about 84/. per cent., the fourth year an interest of more than 45/. per cent., and experience an additional increase of 80/. per cent., and the fifth year an interest of 70/. per cent., and increase of capital 100/. per cent. ;— in other words, money sunk in breeding the finer woolled sheep in this colony, will, after all expenses and deductions are satisfied,— not only pay an average annual interest of about 36/. per cent, in the course cf five years, but undergo itself an augmentation of nearly 400/. per cent. Here then is a mode of investing money, by which the proprietor might insure himself an interest, the ratio of which would increase in an astonishing progression ; SETTLEMENTS IN AUSTRALASIA. 81 while at the same time the capital itself would experience an advance still more rapid and sur prising. The profits to be derived from breed ing the ordinary, woolled sheep, it will be seen, are nearly as inviting, in consequence of the carcase of the one being as valuable as the other for the butcher. The capital invested, after making the same allowances and deductions as in the former calculation, will yield a profit the first year of 7/- per cent., and an increase of capital equal to 43/. per cent. ; the second year, profit nearly 4/. per cent., increase of capital equal to 54/. per cent. ; third year, profit 31/. per cent., and increase of capital equal to 83/. per cent. ; fourth year, profit 35/. per cent., and in crease of capital 951. per cent.; and the fifth year, profit 551. per cent., increase of capital 133/. per cent. In short, money invested in breeding ordinary woolled sheep will, in five years, yield an average annual profit of 26/. 10s. per cent., and be itself augmented 423/. per cent. How ever as the value of the carcase will, from the mere increase of animals, be in time reduced, the relative value of the wool will become greater ; as, however the quality may be in creased, it will always obtain a market, and maintain its present prices in England ; the great object of the breeder should be, there fore, to improve his wool, as that will be the great permanent source of his profits. VOL. II. G 82 STATISTICAL ACCOUNT OF THE It will scarcely have escaped notice, that in the preceding calculations no allowance what ever has been made for any improvement in the fleeces of the flocks. This, it .must be evident, is a most material omission, particularly in the coarser woolled breed ; since it may be safely calculated, that, at each cross with the pure Spanish breed, the inferior wools increase in value at the rate of 20/. per cent. But notwith standing this most important omission — not withstanding the low prices at which the preced ing calculations have been taken — and notwith standing the very ample allowances which have been made for expenses and contingencies, it is confidently hoped that these calculations are sufficiently encouraging to convince the most incredulous, that any person who has the means of embarking in either of these speculations could not fail, with common attention, to realize a large fortune in a few years. His chance of so doing would be still greater, if he should happen to be acquainted with the management of sheep. This is, however, by no means an indispensable qualification ; — for such is the fineness of the climate, in the settlements both in New Holland and Van Diemen's Land, that all those precautions which are necessary to be observed in this country, in order toshelter them from the inclemency of the seasons, are there quite superfluous — sheds, indeed, are not only SETTLEMENTS IN AUSTRALASIA. 83 useless but injurious : — the flocks never do so well as when they are continually exposed to the weather. It is only necessary that the folds should be shifted frequently, or, if the sheep be kept by night in yards, to take care that these are daily swept out. The extent to which capital might be thusl invested is boundless ; since, if the breeder did not possess as much land as would feed the number of sheep that he might wish to keep, he would only have to send his flocks beyond the limits of colonization, and retire with them as the tide of population approached. His hurdles, and the rude huts or tents of his shepherds, might always be removed with.very little difficulty and expense ; and if his and his neighbours' flocks should happen to come into contact, such is the immensity of the wilderness which would lie before him, that he might exclaim in the lan guage of Abraham to Lot ; " Let there be no strife I pray thee between me and thee, and . between my herdsmen and thy herdsmen; for we be brethren. Is not the whole land before us ? Separate thyself, I pray thee, from me. If thou wilt take the left hand, then I will go to the right ; or if thou depart to the right hand, then I will go to the left." Such, should any of these disputes occur, might always be their amicable termination. There is, and will be for G 2 84 STATISTICAL ACCOUNT OF THE ages to come, whatever may be the extent of emigration, more land than can possibly be re quired. The speculation, therefore, of growing wool can meet with no checks from the want of pasturage in the colony, and it is equally impro bable that it can be impeded by the want of a market in this country. It is well known that the Saxon wool cannot be sold under the pre sent prices without loss to the growers. The severity of the climate of Saxony renders it in dispensable for the sheep-holders to take a variety of precautions, which are not only useless in this colony, but would even prove highly detrimental to the constitution of this valuable animal. In the former country, the flocks are kept almost invariably in sheds of a very costly construction, both by day and night, and are fed principally upon hay ; — in the latter, they are always better when kept in the open air, and fed on the spontaneous herbage of the forest. The mildness of the seasons, therefore, spares the colonists two copious sources of expense, and will without doubt, in the end, enable them to undersell and ruin the Saxon wool growers ; since the only point of superiority that the latter can pretend to is their greater contiguity to the market, and this, in consequence of the extreme value of the commodity, is of too trifling im port to demand consideration. The freight of wool from the colony has already been reduced SETTLEMENTS IN AUSTRALASIA. 85 to two-pence per pound, which it would appear indeed is considerably less* than is paid for the transport of wool from Saxony ; and all the other expenses, with the exception of insurance, as brokerage, store room, &c. are precisely the same. Upon these grounds, therefore, I am contented to rest the support of my assertion, that the world does not at present contain so advantageous, and I might also add, so exten sive an opening for the investment of capital, as the one in question. Another profitable way of investing and em ploying capital, in these colonies, would be in the breeding of horned cattle. A general herd, con sisting of a proportion of breeding cows, heifers, steers, male and female calves, can be bought at 51. per head round. Two hundred are generally kept in a herd, and have a herdsman to attend them, and there is no other expense than that of a stock yard, Under the best system of * It has been stated in evidence before the Committee of the House of Commons, by a gentleman well conversant with the subject, " that the freight and carriage of Spanish wool from Seville is estimated at about 3*. 1 Qd. for every twenty-five pounds, which amounts to about 2d. per lb : Saxon wool, including the land and water carriage to Hamburgh, and freight from Hamburgh to this country, is estimated at the least ftom5d. to 6d. per lb. and in addition to that, a duty of 31. per cent, has been recently charged upon it for permission to pass through the PrusT sian States." 86 STATISTICAL ACCOUNT OF THE management, the heifers drop their first calves when full three years old, and are sold off to the butchers after the 10th year ; and the males are fit for slaughter after four years old, and then sold to the butcher. The heifers if sold when in calf will bring 61. each ; the oxen fat, full four years old, will weigh 500lbs. and sell for 61, ; and the old cows, when fat, for 51., to the butchers. Such a herd would consist of 50 breeding cows of various ages, 25 heifers, 25 female yearlings, and 100 males of one, two> three, and four years old. In order to improve the breed, a thorough bred English bull should be bought. CALCULATION OF HORNED CATTLE. Capital invested. 200 Head, viz. 50 Cows 25 Heifers 25 Yearlings 25 Four year old steers 25 Three ditto ditto 55 Two ditto ditto 25 One ditto ditto English bred bull - 50 0 0 £. £. - at 5 0 0 1000 0 0 First Year. Breeders : 50 cows will produce 25 male, and 25 female calves Expenses : Erecting stock yard 10 0 0 Herdsman's wages . 30 0 0 1050 0 0 40 0 0 Produoe : Sold 25 oxen at 61. 150 o o Nett income equal to 101. 10s. 0. per cent 110 0 0 Second Year. Breeders : 50 cows, original herd 25 heifers, ditto 75 will produce 37 male, and 37 female calves SETTLEMENTS IN AUSTRALASIA. 87 Expences : Erecting stock yard 10 0 o Wages, 2 herdsmen - 60 0 0 70 0 0 Produce : Sold 25 oxen at 61. 150 0 0 Nett income 71. 12s. 0. per cent 80 0 0 Third Year. Breeders : 50 cows, original herd 50 ditto heifers, and yearlings of ditto 100 will produce 50 male, and 50 female calves Expences: Wages, 2 herdsmen - 60 0 0 Produce : Sold 25 oxen at 61. 150 0 0 Nettincome, SI. lis. 0. percent 90 0 0 Fourth Year. Breeders: 90 cows, original herd 25 ditto, first year's calves 1 15 will produce 57 male, and 57 female calves Expences: Wages, 2 herdsmen - 60 0 0 Produce : Sold 25 oxen at 61. > onA n „ 10 old cows at 51. S 200 U 0 Nettincome, 131. 7s. 0. percent - 140 0 0 Fifth Year. Breeders : 75 cows, original herd . 62 ditto, first and second years calves 137 will produce 68 male, and 68 female calves Expence: Erecting stock yard 11 0 0 Wages, 3 herdsmen 90 0 0 Produce: Sold 25 oxen at 61. 15 old cows at 51. 100 0 0 225 0 0 Nett income, 121. per cent 125 0 0 Sixth Year. Breeders : 60 cows, original herd 112 ditto, first, second and third years calves r 172 will produce 86 male, and 86 female calves 88 STATISTICAL ACCOUNT OF THE Expences : Wages, 3 herdsmen - 90 0 0 Produce: Sold 37 oxen at 61. - ? 297 0 0 15 old cows at 51. - $ Nett income 20Z. per cent 207 0 0 Seventh Year. Breeders : 50 cows, original herd 169 first, second, third and fourth years calves 219 will produce 100 male, and 109 female calves Expences : Wages, 3 herdsmen - 90 0 0 Produce : Sold 50 oxen at 61 ? 350 q q 10 old cows at 51. > Nett income 251. per cent - 260 0 0 Increase in number and value of stock 287 Breeding cows at 61. - - 1,722 0 0 86 Heifers at 31. - - - 258 0 0 109 Yearlings, females, 21. 218 0 0 57 Oxen at 51. - - 285 0 0 154 Steers at 31. - 462 0 0 110 Yearlings, males, at 21. - - 220 0 0 803 Head value - - - 3165 0 0 Value of capital increased 3001. per cent in seven years ; and yielding in the mean time an average interest of 131. 15s. 0. per cent, per annum. The stock of cattle, commencing the eighth year, would enable the breeder to class his herds upon the most advantageous plan: viz. females, 200 breeding cows, 50 heifers and 50 yearlings ; males, 100 oxen, and old cows ; 300 steers of three, two, and one year old. He would sell for slaughter every year, 100 oxen, and 50 old cows ; and for breeding, 50 heifers in calf. His annual expences and receipts would be as follows. — Expences: Wages, 5 herdsmen at 30/. £150 0 0 Sundries - - - 50 O 0 £200 0 O SETTLEMENTS IN AUSTRALASIA. 89 Receipts - £200 0 0 100 oxen at £6 £600 0 0 50 old cows at 5 250 0 0 50 heifers at 5 250 0 0 £1100 0 0 Profit per annum 900/. equal to 85/. per cent. But this supposes the breeder not to increase the number of his cattle, but merely to keep them up at 200 breeding cows, and to sell the increase at their proper ages. With reference to the commercial prospects presented by this colony, — they are certainly much more limited, but still of very consider able scope. The fluctuations, which are inces santly taking place in the prices of all sorts of merchandize, are evidently capable of being turn ed to considerable account by a cool and skilful calculator. Any person of this character, pos sessed of sufficient capital to enable him to buy goods when the market should happen to be in a state of depression, and to keep them in his store till the glut should pass by, could not fail to realize a fortune. The only event that could prevent his success, would be an imprudent avidity. If he should be once tempted to go out of his depth, so that he would be compelled to sell, whether at gain or loss, in order to make good his payments, he would most probably 90 STATISTICAL ACCOUNT OF THE sink never more to rise. But, if he would never speculate beyond the compass of his actual means, he might easily clear 25/. per cent, per annum on the amount of his trading capital. Were I asked to particularize any avenue of industry not strictly included in any of the foregoing general classes, in which persons in clined to emigrate to this colony might embark with a fair chance of success, I should say that any one, who had the means of taking out a steam-engine of six or eight-horse-power, with the requisite machinery for sawing boards, would make it answer his purpose very well ; — that a timber merchant also, possessing a capital of three or four thousand pounds, might employ his funds very advantageously by establishing a timber yard ; — and that a skilful brewer, who could command five thousand pounds and up wards, would succeed either at Sydney or Hobart Town. 'It would be necessary, however, that he should understand the process of making malt, since there are no regular maltsters yet in the colony, and that he should also grow his own hops. Until he had, therefore, established a hop plantation sufficient for his concern, it * The hop thrives very well at Port Jackson : there are several flourishing plantations owned by the brewers. It also succeeds exceedingly well at Van Diemen's Land. SETTLEMENTS IN AUSTRALASIA. 91 would be requisite that he should make arrange ments to be supplied with hops from this country. There are already several breweries in Australasia, but the beer which is made in them is so inferior, that many thousand pounds worth of porter and ale imported from this country are annually consumed in these settle ments. This is almost entirely owing to the want of skill and capital in the brewer, as the barley grown is sufficiently good for brew ing. I should also say, that a skilful dairyman, who could take out with him a capital of from one to two thousand pounds, would do well in either of the settlements, and more especially at Ho bart Town. Milk and butter bear high prices both at Sydney and Hobart Town, particularly the latter place. Milk sells at Sydney for 6d. to Sd. per quart — at Hobart Town, Is. per quart ; fresh butter at Sydney, Is. 6d. to 2s. per lb., — at Hobart Town, 2s. 6d. to 3s. 6d. per lb. The extreme dearness of these articles arises from the circumstance of the horned cattle being depastured at too great a distance from the towns to supply milk, and the custom which prevails of suffering the calves always to run with and suckle the cows ; conse quently none are milked, except a few for do mestic use. Any person, therefore, who would 92 STATISTICAL ACCOUNT OF THE introduce the dairy system, as practised in this country, could hardly fail to find his account in it. -^ With regard to the superiority of these colonies to Upper Canada and the United States of America, I would observe that the principal requisites in a new country, are climate, soil, productions, and labour ; and it will be seen how far these colonies are superior to either I Canada or the United States of America in | those particulars. , The climate of Australasia is as salubrious and healthy as any in the world, and as con genial both to man and all domestic animals. There is no country so free from disease of every kind ; for, as has been before observed, the diseases either of old or new countries do not prevail. No cases of the bilious fevers and agues, that so fatally abound in the United States and Upper Canada, on the one hand, nor of the chronic and inflammatory diseases of Europe, on the other, are to be found here. The small pox, measles, and hooping-cough, so fatal to children, have not been known in even a single instance. And it has been observed, that per sons of delicate constitution and indifferent health, as well as persons advanced in years, after residing for some time in these colonies SETTLEMENTS IN AUSTRALASIA. Q3 acquire a degree of vigour and health not usually acquired in other countries. The climate is equally congenial to all domes tic animals. Horned cattle, horses, sheep, pigs, and poultry of all kinds, thrive, increase, and abound. Indeed, the rapidity with which these animals increase is almost unprecedented. It is, I believe, a well authenticated fact, that the horned cattle and sheep of Van Diemen's Land increased fifty fold in the space of ten years, from 1810 to 1820. The seasons are mild, and there is not that violent and extreme difference in their tempera ture that prevails in other countries. The heat of summer, and the cold of winter, do not in the least degree prevent or impede the labours of the field, or of the forest, for a single day through out the year. Neither sheds or houses are re quisite for sheep or horned cattle at any sea son, and they continue all the year through to range the pastures without impediment from heat or cold. It is unnecessary to remark that land, as tcO quantity, is absolutely unlimited, and the pro portion possessing a rich fertile soil very consi derable. But there are two great particulars in which the land in Australasia has a very im- ' 94 STATISTICAL ACCOUNT OF THE portant and decided superiority. The one is, the openness of the forest, the absence of under wood, and the small number of trees on the land; which render the labour and expence of clearing comparatively trifling. And the other is, the extent, luxuriance, and value of the natural pastures. In this respect it is most certainly superior to any other country in a state of nature, whether in North or South America. The native pasture, in its natural state, is quite sufficient for the rearing and fattening of horned cattle, sheep, and horses. These animals depasture all the year, winter and summer, in the forest and on the plains, requiring no other winter fodder, and at no other expence to. the proprietor than the wages of a herdsman or shepherd to look after them ; and any quantity of this land, which the settlers can possibly use, is to be had absolutely for nothing, with the exception of the trifling fees payable upon obtaining the grant or title-deed from the Government. The productions of these colonies have been before enumerated ; it is therefore unnecessary to repeat them here, except to observe, that the crops of wheat, maize, barley, rye and potatoes, are as abundant as either in Canada or the United States ; and the prices which the farmer SETTLEMENTS IN AUSTRALASIA. 95 obtains for them, considerably better than in those countries. It has been already seen that labour is both cheap and abundant in Australasia ; much more so than in any other new country. It is almost unnecessary to observe that labour is the great desideratum in new countries ; and that how ever rich the soil, congenial the climate, and valuable the productions, the want, or the high price, of labour will render all those of little or no value. But in these colonies a fine climate and a rich soil are united with a cheap and abundant supply of labour; insomuch, that every thing that depends upon labour can be performed at a far more reasonable rate than in any other colony. The province of Upper Canada, although a valuable colony, is in every respect far inferior to Australasia, with reference to the advantages it offers to emigrants. The climate is infinitely inferior. The summer is short, and the heat oppressive ; the winter is long and severe, con tinuing from November to May, during three months of which period snow lies upon the ground. The operations of husbandry are totally suspended for five months in the year; and horned cattle, horses and sheep, must be housed day and night from November to April. Marsh 96 STATISTICAL ACCOUNT OF, THE and intermitting fevers, the usual diseases of newly-settled countries in America, prevail in the New Townships, but not to the same ex tent as in the United States. The. soil of Upper Canada is generally very good and productive ; although on the whole not so much so as that of Australasia. But the land is heavily covered, both with large timber and underwood, in consequence of which the expence of clearing is considerable. There is no native indigenous pasture, so that grass must be raised by cultivation for both the summer and winter food of cattle and sheep. Land is either obtained by grant from the crown, or by purchase from individuals. Wild land, that is in a state of nature uncleared, can be bought from individuals at from 3s. 6d. to 4/. sterling per acre, according to local circumstances. Land is obtained by grant from the crown upon the mere payment of fees for granting; the quantity granted is according to the means and capital which the settler may possess, and varies from fifty to twelve hundred acres, and the fees payable for the grant also vary from 12/. to 300/. Labour is both scarce and dear in Upper Canada. The wages of common labourers are from 5s. to 6s. 3d. per day; 3L to 4/. per SETTLEMENTS IN AUSTRALASIA. 97 month in summer, and 21. to 31. per month in winter, and from 25/. to 37/. 10s. per year, be sides board and lodging ; and the wages of artificers are 10s. per day, and board and lodging. ' The cost of clearing and fencing land in large quantities, is from 4/. 10s. to 61. 5s. per acre, and of planting and reaping grain, 2/. per acre. The expence of erecting buildings is equally great ; an ordinary log hut, 20/. to 30/. ; a log barn, 50/. to 751. ; an ordinary framed house, 100/. to 250/. ; a framed barn, 100/. to 150/. The horned cattle, pigs and poultry, of Upper Canada, are very good and reasonable in price. Horses are of an inferior breed, as are likewise the sheep. Horned cattle and sheep are by no means abundant, owing to the difficulty and expence of rearing and feeding them, and the wool of the sheep is coarse and very inferior. Now in all these particulars Australasia is decidedly superior to Upper Canada. The climate is by far a better one ; the soil for mere agricultural purposes, is better $ and the pastures are beyond all comparison superior. Live stock, particularly sheep, are infinitely more valuable and productive- Labour is far more abundant and cheaper j and the produce d. to 2s. 8d. per buShel ; pork, lid, to 2d. per lb.; fat oxen; 21. 10s. to 4/. per head ; fat sheep, 9s. to 13s. 6d. ; wool of no value for sale. Such are the advantages which these colonies possess over either Upper Canada or the United States of America ; and they are so decided as to put all comparison out of the question. Be sides these, all articles of foreign growth and manufacture are imported with more facility, and at a much less expence, and are, conse quently, considerably cheaper. British and Indian manufactures, tea, sugar and wines, &c, can be, and are, sold much cheaper in Austra lasia than they can possibly be sold either in SETTLEMENTS IN AUSTRALASIA. 103 Upper Canada, or the Western States of America. So that, on the whole, the settler in these colonies, on the one hand, obtains his land, raises his produce, and procures all his supplies of foreign goods cheaper ; and on the other, sells his produce for a greater price than he can possibly do in Upper Canada, or the United States of America. The only particular^ in which there would seem to be any disadvan tage in emigrating to Australasia, is the greater expence of the passage out ; but upon consi dering all the circumstances, there appears to be really no such disadvantage. The cost of passage to Australasia is as follows : Cabin passengers, found in every thing, 80/. — chil dren half-price ; steerage passengers, 351. — children half-price ; freight, 51. per ton. Cost of passage to Upper Canada; cabin passengers, 40/. to Montreal, after which they have to travel, either by land or on the lakes, seven hundred miles to Little York, the seat of Government, and after that, at least five hundred miles more to the districts where the settlements are form ing. The precise expense I cannot ascertain, but I am very sure it must be more than 40/. more ; and if there be any "considerable luggage, it must be very expensive indeed. Steerage passengers pay 10/. to Montreal, and find themselves provi- sions,which must be at least 51. more ; they have 104 STATISTICAL ACCOUNT OF THE then to travel over the same distance 1,200' miles, which, upon the most economical plan,. cannot be performed at a less expence than 20/. The speediest and least expensive mode of proceeding to the western states of America, Illinois, Indiana, Missouri, is by way of New Orleans, and the steam vessels up the river Mississipi. The cost of a cabin passenger to New Orleans, is 50/., and from thence to Sha- wance Town, 80 dollars, or 18/., and for luggage 22s. 6d. per hundred weight. Steerage passen* gers to New Orleans, 15/., to Shawance Town, 50 dollars, or 11/. 5s. , and for luggage 22s. 6d. per cent., after which the emigrant will have to travel from three to five hundred miles to obtain his land. Bulky articles of any description, will not be worth the mere expence of trans port, to either Upper Canada or America j. whereas the expence of conveying them to Australasia is comparatively trifling. Upon the whole, therefore, I think it is pretty certain, that the expence of passage out to Australasia, taking all things into account, is not greater than to Upper Canada, or the back states of America. The facts, prices, &c, relative to Upper Canada, I have taken from Gourlay's, Howison's, Hall's, and Greece's Works on that colony; and relative to the United States of America, from^ Birkbeck's, Fearon's, Eaux's, and Duncan's books on that'. country; SETTLEMENTS IN AUSTRALASIA. 105 RELATIVE ADVANTAGES OF THE SETTLEMENTS AT PORT JACKSON, &c, AND VAN DIEMEN'S LAND. With respect to the advantages which these settlements offer, in relation to each other, some difference of opinion prevails. The presidents of the respective agricultural societies of New South Wales, and Van Diemen's Land, have, in their first advances, delivered their opinions on this- point, each contending for the superiority of his own settlements. The president of the agricultural society of New South Wales, de livered an address to that society, in July, 1823, wherein, often indulging in his characteristic arrogance, prejudice and pert dogmatism, he expresses, his conviction, arising from personal observation, and authentic information, " of the superior advantages which New South Wales possesses over Van Diemen's Land ; in the first place, in water ; in the second, in climate for fine wool, for fruits, and even for some tropical commodities ; and in the third, in the unbounded extent of grazing land, in room for population and colonization for centuries." He further says, " when it comes to be known, that Van Diemen's Land is, at least, twenty years behind this colony (Port Jackson) in civilization ; that it is a badly watered country ; that the cleared 106 STATISTICAL ACCOUNT OF THE land is all granted away, insomuch that the liberal system of grazing occupations, which may be acted upon here for ever, is obliged to be given up at Van Diemen's Land ; that the only police is situated at the two extremities of the Island ; that one of the towns (Hobart Town) is on the wrong side of the river, and the other (George Town) so badly watered, so naturally sterile, and so distant from supplies, that it is about to be removed back to Launceston ; that the climate is so much severer than ours ; that the wool will not become fine, and that both the cattle and sheep must be winter foddered. When these facts are published, I do confidently hope, without prejudice to the dependency which has had her day of popularity, that the tide of free emigration will flow to these shores ; and that merchant transports will be senthither from Great Britain direct." The president of the Van Diemen's Land Agricultural Society, in his address, notices the above allegations and observes — " The supe riority of New South Wales, as a country is asserted in several points ; first as to water. It would occupy too much time to go into topo graphical details, by which only the comparison could be brought to a test ; nor is it necessary for me to attempt it ; I need only dispute the assertion, and express my conviction, that on SETTLEMENTS IN AUSTRALASIA. 107 proof the comparison would not be unfavourable to our Island." " The comparison of climate for wool, at pre sent rests solely upon assertion, for proof exists not. The experiment is here in its infancy ; it is not my place to vindicate our progenitors of the colony, for having so long neglected to fol low the example of New South Wales, in the im provement of sheep. It is however certain, that only within the last three years, has any syste matic attention been given to it here, and the experiment as far as it has yet been tried, leaves no ground for doubt or discouragement ; on the contrary, it promises to answer every expecta tion. We all know the improvement of wool in New South Wales, has been pursued for the last twenty-five years at least ; but while we ought to acknowledge this useful example, we cannot admit that a present comparison of the wool of the two colonies, carries any proof of the influ ence of our climate being adverse to its improve ment ; nor can we forget that by many compe tent judges, including some of the principal and oldest improvers and agriculturists of New South Wales, who have examined this island, its cli mate and soil, are considered as not less favorable than those of New South Wales, for fine woolled sheep. We have imported largely, and continue to receive by almost every ship, fine woolled 108 STATISTICAL ACCOUNT OF THE sheep, from the best flocks in Europe and New South Wales, and we have an excellent stock of our own. We therefore reject the decision now pronounced; and desire that, in candour, it may be delayed till it can rest upon facts and trial ; at present it stands upon assertion, or,, at best upon opinion only." "Our climate certainly forbids any tropical productions ; it excludes us from some produc tions of New South Wales, of which probably maize is the only important one ; but I think this is more than compensated for, by other advan tages. We have in equal perfection, and with greater facility, all the fruits and vegetables of the mother country, and we keep them as long, which in New South Wales is impossible.. We may well resign the orange and the citron, when we can have grain in substance, and produce, and quality, one fourth superior in value to that which New South Wales affords ; and potatoes, to which those grown in the sister colony have no resemblance. To hot winds, and their destruc tive blights, we are nearly strangers ; our sum mer heat may be taken as 70 to 90, to that of New South Wales, and our winter is never severe. The interior of this island, I need not say to any one who has seen it, exhibits nothing like a prairie ; the. country described under that name,, is imiformly wet and insalubrious; our SETTLEMENTS IN AUSTRALASIA. 109 / island in every variety of surface, is healthy at all seasons. It is throughout alternate hill and dale ; in some parts lofty downs, but the soil rich ; in others moderately undulated, and generally lightly timbered ; and it is unquestion ably a most picturesque and beautiful country. I deny, therefore, the claim to superiority for the climate of New South Wales ; and I am prepared to say, that for the general purposes of man, our climate has the advantage. " The important benefits arising to New South Wales, from the country beyond the mountains, I freely admit ; it is the best part of the Colony, and is stated, by those who have seen it, to be in feature, soil, and climate, very similar to the interior and north-side of Van Diemen's Land ; without that country, indeed, I believe the eastern colony would not have supported its stock. Commencing at a distance of 150 miles from the seat of government, and from navigation, New South Wales has an unlimited back country open to her. The limits of our island are fixed, but large tracts, not half that distance from a port, are untouched, and new ones are continually discovered ; and we have a large space, or rather corner of the Island, to the north-west, which, I hope, will be better known next summer ; it is already sufficiently so to assure us of its importance. We are not 110 STATISTICAL ACCOUNT OF THE likely to feel any pressure until the efforts now in progress to improve our pastures shall have taken effect, without which no inclosure system, upon which selection, separation, and improve ment of stock so much depend, can be pur sued. To enclose the native pasture would be ridiculous, and without domestic pasture dairies to any extent are out of the question. I deny that stock require to be winter foddered in this country, more than in New South Wales ; they must, in either country, have unlimited range, with mixture of hill and bottom land, if they are to subsist in the native pastures throughout the year ; if in inclosures, the same pastures that would suffice in the one country would answer as well in the other. " It is said that we are twenty years behind New South Wales in civilization : that Colony was founded thirty-five years ago, this dates twenty years. To the former was directed for thirty years all the capital, all the labours, all the advantages of every kind, which emanated from the mother country, or which depended on the colonial government. Till eight years ago this was a close port ; no vessel could enter, nor any thing be imported but via Port Jack son, whence we received her refuse treble con victed felons, out of which bands of robbers were formed, which for years desolated this CO- SETTLEMENTS IN AUSTRALASIA. Ill lony. New South Wales then monopolising every advantage, even to the monopoly of sup plying its depressed dependency, the latter might well remain stationary as to improve ment. But better days arrived, and just prior to the emigration commencing, this colony be gan to obtain relief; its subsequent progress has shewn its capability. " It is said we have no police, except at the extremities of the Island ; that our town is on the wrong side of the river, and another in a barren spot. To the former I reply, that it is erroneous; independent of the establishments at Hobart Town, George Town, Launceston, and Macquarie Harbour, we have resident magistrates in seven districts, between Hobart Town and Launceston ; in these we have dis trict prisons, with the means of confining and punishing offenders ; and we have four military stations in the same districts. The country is, and has been long, perfectly orderly and quiet ; and the new settlers, after traversing its most remote parts, not only with security, unarmed, and often alone, but meeting civility, and hospitality wherever they go, are spreading themselves over the Island without apprehension. " The position of this town cannot be very important to an emigrant, and he will hardly 112 STATISTICAL ACCOUNT OF THE discuss the point, or admit its influence ; it is, at all events, placed upon one of the finest navi gations in the world, and a most successful station for the whale fishery ; in a fertile soil, with several tracts of fine land in its vicinity, and receives from its neighbouring mountains a stream, whicli insures its supply of water at all seasons. With respect to the town at Port Darlrymple, though the situation of George Town be unfavourable for the seat of the esta blishment, that of Launceston is undeniably one of the most advantageous as well as beauti ful, that any country can afford; it is at the head of a navigation of forty miles, open to vessels of 150 tons close to the town, and is surrounded by one of the most fertile countries in Australasia." , Such are the opinions of the relative advan tages of these colonies. Both certainly partake of a spirit of local rivalry, and are consequently both erroneous on some points. In respect of water, the colony at Port Jackson, including therein, the country explored by Mr. Oxley, appears certainly to be a better watered country. The country along the banks of Maquarie river, Paterson's river, Hunter's river, the Tiver Hast ings, Shoel Haven river, the river Clyde falling into Bateman's Bay, about Lakes Bathurst, and George, and the immense part commencing at SETTLEMENTS IN AUSTRALASIA. 113 Lushington valley, on York river and extending to Hamilton valley, including Liverpool plains, and the banks of Peel's, and Cockburn's rivers, appear to be much better watered than any part of Van Diemen's Land. Indeed I believe the superiority in this particular, is decidedly in favour of New South Wales. As regards climate in point of healthiness and congeniality, I believe there is very little difference ; if any, it may be fairly allowed to that of Van Diemen's Land. In respect of productions, each has its peculiar superiority ; the wheat, barley, oats and potatoes of Van Diemen's Land are decidedly superior ; but they are more than compensated for in New South Wales, by the value and abundance of its maize, and the general superiority of its fruits. The superiority of the wool of New South Wales, admits of no question, but I am fully satisfied that it is owing to the earlier and greater atten tion paid to its improvement in New South Wales, than in Van Diemen's Land, and not to any physical obstructions in the climate of the latter. There is some very fine wool produced in New South Wales, particularly where its im provement has been attended to for some time ; but taking the average quality of the entire growth of wool, it may, at present, be rated as only at "middling ordinary fine wool," and of the average value of Is. 9d. to 2s. per lb. It is certainly improving, and in a few years, all the VOL. II, I 114 STATISTICAL ACCOUNT OF THE wool will be of the very first quality. The wool of Van Diemen's Land has not been im proved at all, except in a very few instances, and it is therefore very inferior, and not worth more, in the London market, upon an average, than 6c?. per lb. ; but, in the instances where its improvement has been attended to, it has realized 2s. to 2s. 6c?. per lb. ; a fact quite sufficient to prove that the wool of Van Diemen's Land, when improved by crops from the Merino, which is now very extensively done, will be very little, if at all inferior to that of New South Wales. However, it will require some years to effect this, and until then, the emigrant who is inclined to invest his capital in breeding sheep and raising fine wool, should most decidedly choose to settle at New South Wales ; for he can at once, and in the first instance, procure his flocks in a state of improvement there, which the flocks to be had at Van Diemen's Land will take some years to arrive at ; and, upon the supposition that equal attention be paid to their future im provement in both colonies, it is evident, the period will be still more distant, when the flocks of the one can overtake the other in point of value. Sheep whose wool will be worth Is. 9d. to 2s. per lb., and whose carcasses will be as valuable for the butcher, as those of Van Diemen's Land, can be procured at New South Wales, at 30s. to SETTLEMENTS IN AUSTRALASIA. 115 35s. each ; whilethe sheep of Van Diemen'sLand, whose wool will be worth no more than 6d. per lb., will cost 20s. to 25s., and the expence of management is not greater in the one colony than in the other ; for the sheep farmer, and grower of fine wool, therefore, New South Wales most unquestionably is, and for many years to come will be, the preferable colony. In extent of country, unlimited pastures, and room for population, New South Wales is clearly su perior to Van Diemen's Land. The pastures of Van Diemen's Land, as far as they extend, are probably not inferior to those of New South Wales ; but they are limited, and in the course of being speedily occupied and stocked. Not so in New South Wales, where the native pastures are without limit ; and for generations to come, there will be no necessity for raising artificial grasses, or making enclosures, for the general stock of the colony. It does, besides, really appear to be the fact, that the newly ex plored districts of New south Wales, on the Macquarie river, Liverpool plain, &c, are much superior as a pastoral country, to any tracts in Van Diemen's Land. The President of the Agricultural Society of Van Diemen's Land, is in error, when he supposes that the back country of New South Wales, which alone he admits to be equal to that of Van Diemen's Land, opens i2 116 STATISTICAL ACCOUNT OF THE at no nearer distance than a hundred and fifty miles from the seat of government, and from navigation. Now, in fact, all the country on both sides of Paterson's and Hunter's rivers, are open to navigation, for those rivers are navi gable, and fall into Port Hunter, and all produce can be conveyed by water either to Newcastle or Sydney; and this is the tract of country now in the course of being settled. The same may be said of all the country on the banks of the river Hastings, falling into Port Macquarie, of the Shoel Haven river, falling into Shoel Haven, and of the river Clyde falling into Bateman's Bay. To these districts emigrants will of course proceed, and it will be many years before they are entirely occupied. In this respect, therefore, Van Diemen's Land cannot claim any superiority over New South Wales. As to the other points of comparison, they seem to be satisfactorily met and explained by the president of the Van Die- men's Land Agricultural Society, who has so ably refuted, and deservedly rebuked, the illi beral prejudice, and spirit of petty rivalry and calumny, so arrogantly put forth by the president of the Agricultural Society, and would-be-oracle, of New South Wales. SETTLEMENTS IN AUSTRALASIA. 117 A WORD OF ADVICE TO EMIGRANTS. The information I have to offer on this subject will be — First, as to the manner of obtaining from the Government grants of land in these Colonies. Secondly, the expence of the pas sage and freight. Thirdly, the various articles which emigrants should take out with them. Fourthly, the best method of transferring capi tal to these Colonies. Fifthly, the most eligi ble situations for the selection of grants of land. Sixthly, the expense of bringing this land into a state of cultivation. And, lastly, the line of conduct which emigrants should adopt on their arrival. The first step, which persons intending to emigrate to either of these colonies should take, is to make a written application to Earl Bathurst, Secretary of State for the Colonies, for a grant of land ; and' it is necessary that the applicant should state the amount of his capital, since it is understood that all grants of land are to be in future proportioned to the emigrant's means of cultivating them. In answer to this application he will receive a circular from the Under Secretary of State, informing him, generally, that his request is acceded to ; but the quantity of land to be 118 STATISTICAL ACCOUNT OF THE assigned him on his arrival in the Colony will not be specified, because it will depend upon the amount of capital which he shall satisfy the Governor he has taken to, and possesses in the Colony ; and the circular, which the applicant will receive from the Colonial Office, in answer to his letter, is the only proof necessary to be produced in the Colony, of his having received the sanction of his Majesty's government to settle there. At present, however, no encouragement is held out by government to persons desirous of emigrating to these Colonies, unless they pos sess a capital of at least 500/. This is a regu lation of some standing ; but it would be diffi cult to discover the motives in which it origi nated ; for it must be evident that it propels great numbers of people, whose means are thus circumscribed, to betake themselves to the United States of America ; and that it was adopted with this view can hardly be imputed to the Government. But, whatever may have been their object in imposing so impolitic a restraint, it may not be amiss here to state that they have no power to prevent emigration to these Colonies, however they may attempt to restrain it ; for by the 53 Geo. III. cap. 155, sec. 39, it is expressly enacted, " that it shall be lawful for any subject of his Majesty to SETTLEMENTS IN AUSTRALASIA. 119 proceed to, and reside at, any place situate more to the southward than 11° of south latitude, or more to the westward than 64° ; or more i to the eastward than 150° of east longitude from London, for any lawful pur poses, without any license whatever." And even should the customary encouragements be with held from the emigrant on his arrival in these Colonies, in consequence of his not having the Secretary of State's permission to settle there, it will be an easy matter for him to purchase land, equal to, and more convenient, than that which he can obtain from the Government, at 5s. to 10s. per acre. But the regulation, as to per mission from the Secretary of State, has never been rigorously acted upon ^n the Colony, for the Governors have been in the habit of making grants of from 50 to 1000 acres of land, to respectable individuals, without any recom mendation from the Secretary of State ; yet I would advise the emigrant, by all means, to obtain the Secretary of State's permission : as, in the first place, there is no difficulty in obtain ing it ; in the second place, it is an imperative order to the Governor to grant the emigrant land in proportion to his capital ; and in the third place, without having such permission, it is quite optional with the Governor to grant the emigrant any land at all. The applicant's memorial to the Secretary of 120 STATISTICAL ACCOUNT OF THE State should he short and simple, stating his intention of emigrating to these Settlements, the number of his family, and the capital, or property, which he possesses, and means to carry with him ; and the memorial should be accompanied by a certificate, signed by two or more respectable individuals, such as clergymen, magistrates, &c. stating that the applicant is, in their opinion, a fit and proper person to obtain the required indulgence, and possessed the capital or property alleged in his memorial. If there be no such certi ficate accompanying the memorial, a reference must be given to some respectable individuals for the like purpose. The form of the memorial may be as follows, in the form of a letter. — Richmond, April 2nd, 1824. MY LORD, Being desirous of emigrating to and settling at Van Diemen's Land, (or New South Wales,) I take the liberty of respectfully soliciting from your Lordship a grant of land, in proportion to my property. I have a wife and children, whom I mean to take with me, and the amount of my property, which I intend to invest in that Colony, is £ . SETTLEMENTS IN AUSTRALASIA. 121 I respectfully beg leave to refer your Lord ship to the accompanying certificate (or to Mr. A. B. of— and Mr. C. D. of.-) for such information as may be required respecting my character and property. I have the honour to be, MY LORD, Your Lordship's most obedient humble servant, J. M. To the Rigbt Hon. Earl Bathurst, Secretary of State, Colonial De partment, Downing-street, West minster. FORM OF THE CERTIFICATE. We do hereby certify, that J. M. is a man of respectable character ; that in our opinion he is a fit and proper person to be allowed to become a settler in New South Wales (or Van Diemen's Land,) and we believe he possesses property to the amount of £ . Signed G. F. ofG. H. I. of—. Dated 2d April, 1824. If such a certificate does not accompany the memorial, the Under Secretary of State will send a printed letter to A. B. and C. D., the persons referred to, requesting to know whether, 122 STATISTICAL ACCOUNT OF THE in their opinion, the applicant is a man of re spectable character, and possesses the capital he states himself to have. If the answers are satis factory, the Under Secretary then writes to the applicant, and encloses him a letter to the go vernor of the colony, directing him to give a grant of land in proportion to the emigrant's property. The letter to the governor is sealed, but it is always, I believe, of the following tenor :- — SIR, Downing-street. I am directed by my Lord Bathurst to ac quaint you, that he has given permission to the bearer, J. M. to proceed as a free settler to Van Diemen's Land (or New South Wales) ; and I am to desire, that you will make to him, upon his arrival, a grant of land, in proportion to the means which he may possess of bringing the same into cultivation. I am, Sir, your most obedient servant, B. WlLMOT HORTON. To Governor Sir Thomas Brisbane, New South Wales. This letter the emigrant must carefully pre serve, and deliver to the governor on his arrival in the colony ; as it is the only document authorising the governor to give, or the emi grant to receive, the land. SETTLEMENTS IN AUSTRALASIA. 12S Land is granted to the emigrant, in propor tion to his capital, according to the scale before- mentioned, and which is here repeated, viz. £ 500 capital, 500 acres of land. 750 ditto, 640 1,000 ditto, 800 1,500 ditto, 1,000 1,700 ditto, 1,280 2,000 ditto, 1,500 2,500 ditto,' 1,760 3,000 ditto, 2,000 In estimating the amount of capital, Cash, bills of credit, merchandize, agricultural imple ments, live stock, such as sheep, horned cattle, and horses ; in short, all description of property is taken into account, at the value they may at the time be of in- the colony. 2ndly. Expence of passage and freight. — Emigrants are now obliged to find their own passage to these colonies. Formerly the go vernment used to allow them not only a passage free of expence in the transport vessels, but also rations for themselves and their families. This custom, however, has been of late years discontinued ; and free traders are now the only vessels in which emigrants can procure a pas sage. The price usually demanded by the cap- 124 STATISTICAL ACCOUNT OF THE tains of these vessels is seventy-five guineas for full grown persons, and children half-price ; and, where the emigrant has no family, he had better perhaps give this sum, than be troubled with catering for himself, unless indeed he can manage to form a mess with others similarly circumstanced, which unquestionably would be the most economical plan that coidd be pur sued.' — To those, however, who have families, there can be no doubt that a considerable saving might be effected by laying in their own sea-stock ; perhaps a saving of at least one- fourth of the passage-money. But I would not advise such, as may incline to this alter native, to trouble themselves with live stock of any description. There is necessarily a great deal of care required in attending to them, and in the end they always prove the most expen sive provision that can be made. In spite, too, of all the attention that can be lavished on them, they become in a short time so miserably lean and sickly, that it requires all the keen ness of a sea-appetite to prevent the sight of them from inspiring nausea. The best provi sion in the meat way, that can be laid in for a long voyage of this description, is the preserved meat of all kinds, which is sold ready dressed by the patentees, Donkin, Hall, and Gamble, No.39, Clement's-lane, Lombard-street, and at J. Cooper's, 7> St. John's-street, Clerkenwell. The SETTLEMENTS IN AUSTRALASIA. 125 ft price of the common sorts of meat, Viz. beef, mutton, veal, and pork, is only Is. 3d. to 2s, per lb. which, considering that the bone is taken from the joints before they are cooked, is, it must be allowed, a very moderate charge. There can, indeed, be no doubt that live stock, whe ther poultry, sheep, or pigs, would cost consi derably more per pound by the end of the voyage. This meat is dressed in tin cases of various sizes, and its preservation from putre faction is effected by sealing the cases herme tically, after having previously exhausted the air from them. There is not any danger of their contents, whether fish, flesh* or fowl, be coming damaged, whatever length of time they may be kept, and however great the variety of climate they may pass through. I have fre quently partaken of these preserved meats at Sydney, and invariably found them as fresh and as good, as if they had only been dressed the preceding day. Recommending them, there fore, as a substitute for live stock, I have only to add, that I consider the emigrant should complete his sea-stores with a sufficient quan tity of the following articles, calculating, for fear of accidents, on a voyage of five months, viz. biscuit, flour, plums, suet, split peas for soup, salt pork and beef, hams, cheese, butter, bottled porter and ale, spirits, wine, vinegar, lemon-juice, preserved fruits, potatoes, stock- 126 STATISTICAL ACCOUNT OF THE fish, and codsounds. But, unless a considerable party be united, the best and most comfortable plan would be, to agree with the captain for the passage, and have no farther trouble; as the saving that might possibly be made, in laying in the emigrant's own supplies, would be more than counterbalanced by the inconvenience and annoyance he would suffer in having to attend to the cooking and catering his own food, &c. on the voyage. Those persons only, of course, will take a cabin passage, whose habits of life require, and whose fortunes will enable them to pay for, the indulgence. But persons of smaller fortunes, or of economical habits, will take what is called a " steerage passage." The price of a steerage passage is now, and has been for some time, 35/. for adults, and half-price for children under fourteen years of age. Where there is a family it comes to something more than 20/. each all round. I know a family, consisting of man, wife, and seven children, proceeding in a ship now on the eve of departing to these colonies, and who are to pay for all 190/. having three separate steerage cabins. Steerage passengers are supplied with biscuit, salt meat, pease, flour, puddings, spirits, sugar and tea, &c. ; no fresh meat, and the ration is always quite sufficient. But it would be advisable for the SETTLEMENTS IN AUSTRALASIA. 127 steerage passenger to buy in a small supply of comforts, such as cheese, wine, a little tea and sugar, especially if there be children. These comforts will, of course, depend on taste and means, and need not be more parti cularly specified. The cabin-room allowed to passengers is re gulated by act of parliament, at six feet in length, and two and a half feet in width, and the full height between decks for each adult ; two children under fourteen years of age, and three under nine years of age, are considered as equal to one adult. The cabins are generally made six feet in length; and five or six feet in width, and so accommodate two adults, or four or six children, according to their ages. Passengers should be aware that they have to find their own beds and bedding, pewter wash-hand basin, water-bottle and chamber vessel, towels and shirts, and all the other sleeping cabin furni ture ; and if they victual themselves, all manner of cooking, eating, and table furniture ; if vic tualled by the captain, he finds all table furni ture, &c. Every ship that carries fifty persons, includ ing the crew, is obliged, by act of parliament, to carry a surgeon, who is required to exhibit his diploma to the proper officer of the Custom- 128 STATISTICAL ACCOUNT OF THE house, to make oath that he has a proper medi cine chest on board, and to deliver a list of its contents. The captain of every ship is also bound to deliver, on oath, a list containing the names of the passengers and crew, and an ac count of all the provisions and water on board ; and it is the business of the searching officer of customs at Gravesend to ascertain that the quantity is sufficient for the number of persons on board. The greatest care should be taken in care fully packing all goods, especially those that are liable to damage from wet or damp. Piece goods of every kind should be packed in strong iron-bound cases, or good trunks. In short, the packages should be of the strongest and most durable kind ; each package and case should be marked with the initials of the owner, and numbered, and regular lists of the contents made out and kept. The emigrant's goods and luggage must be entered at the Custom-house, and particularly specified as to marks and con tents ; and an export duty of 10s. per cwt. paid on the value. The emigrant should make it a point to employ the ship's broker to enter and clear out his goods, luggage, &c, to whom he must give a list, specifying the number, descrip tion, marks and contents, for that purpose. Passengers are charged freight for every thing SETTLEMENTS IN AUSTRALASIA. 129 they do not stow away in their own cabins, and the customary rate is 5/. per ton. Were a sufficient number of families to unite together, charter a ship, and provide their own supplies, they could do so at a much cheaper rate than the present prices paid for steerage passage, as appears from the following calcula tion. A ship of three hundred tons burden will give a clear space between decks, from the extreme stern to the foremast, of ninety feet in length by twenty-six feet in width. This would allow fifteen cabins at each side, thirty in the whole, each cabin six feet long, and seven and a half feet wide ; and therefore sufficient, ac cording to the parliamentary regulation, for three adults, or two adults and two children ; and as the cabins would extend across the deck only seven and a half feet on each side, a space of eleven feet in width, and the whole length of the deck, would remain for dining-rooms, &c. Thirty families would require, for water and provisions, &c. one hundred tons of stowage, and there would remain at least one hundred tons more to let on freight, or fill up themselves. I suppose thirty -families, each family to consist of man, wife, and two children, and to occupy one cabin, the provisions, &c. to be laid in in- gross, and distributed out, according to a re gulated ration daily, the voyage to be per- vol. n. k 130 STATISTICAL ACCOUNT OF THE formed in twenty weeks, the expence would be as follows : — Freight— ship of 300 tons, at 51. £1,500 0 0 Fitting up 30 cabins, at 5l. - 150 0 0 Water-casks, 60 ton, at 60s. - 150 0 0 Cabouse and cooking apparatus, - 50 0 0 Provisions, according to the following weekly ration per family, viz. 8lbs. pork, 8lbs. .of beef, 211bs. bread, 4 libs, flour, 3|lbs. rice, 2 quarts of pease, 4 quarts oatmeal, Tibs, sugar, 7 oz. of tea, lllb. suet, lllb. raisins, 2 oz. of mustard, 1 oz. pepper, J pint of vinegar, 1 quart lime juice, 2 quarts rum — for twenty weeks. 25 brlls. pork, at 80s. - £100 0 0 25 ditto beef, at 80s. - 100 0 0 6 ton of bread, 20/. - 120 0 0 25 cwt. of flour, 20s. - 25 0 0 25 cwt. rice, 16s. - 20 0 0 40 bushel split pease, 7s. 6d. 15 0 0 25 cwt. oatmeal, 16s. - 20 0 0 40 cwt. sugar, 50s. - 100 0 0 270 lbs. tea, 2s. 6d. - 35 0 0 9 cwt. of suet, 50s. - 22 10. 0 9 ditto raisins, 50s. - 22 10 0 75 lbs. mustard, 8c?. - 2 10 0 40 ditto, pepper, 6c?., -v-> 1 0 0 75 gallons vinegar, 2s. - 7 10 0 591 0 0 SETTLEMENTS IN AUSTRALASIA. 131 Brought forward - £591 0 0 150 ditto lime juice, 2s. - 15 0 0 300 gallons rum, 2s. 30 0 0 Hospital Stores : ^^ \Jv\I \J \f 2 pipes wine, at 30/. - 60 0 0 300 lbs. portable soup, 2s. 30 0 0 300 Scotch barley, 4c?. 5 0 0 3 cwt. of sago, 40s. ¦6 0 0 30 lb. pimento, Bd. 1 0 0 Medicine chest - 30 0 0 Sundries 2 0 0 134 0 0 Surgeon, pay and allowances - 130 0 0 Custom-house fees, &c. - - 50 0 0 Total expence £2,800 0 0 Deduct therefrom the proceeds of freight, either let, or to be paid for by such of the passengers as may use it, 190 tons, at 51 - - 500 0 O £2,300 0 0 Nett' expence for thirty families, equal to 76/. 13s. 4c/. per family of four persons. 3dly. I would not recommend the emigrant, even if it should be his design; to devote his k 2 13U STATISTICAL ACCOUNT OF TH3 attention exclusively to agriculture, to encumber himself with a large stock of agricultural im plements, as he will obtain them as good, and almost as cheap, of the manufacture of the colony. The latter are, besides, better adapted to encounter the roots and stones, and other ob stacles to cultivation, with which land in a state of nature generally abounds, than those which are manufactured in this country ; and, as they are for the most part of a very bulky nature, the freight of them is an object of considera tion. — He would find a small threshing machine useful, if he understood the management of it. He would also do well to take with him a few dozen sickles, harness for his gig, if he intends, to keep one, (he will obtain harness better and cheaper for his teams and carts; in the colony,) a couple of saddles for his own use, nails of various sizes for his buildings and fences, locksj bolts, and latches for his doors and gates, sieves for sifting his flour, — cooking utensils, knives, forks, s,poons, plates, dishes* &c. — table-clothsi sheeting, towels, and other household linen for hi& family ; mattresses, churns, dishes, pans, &c. for his dairy, and a phest of jobbing carpenter's tools. As for chairs, tables, and other articles of household furniture, he will be able to pur chase them very good of the colonial manufac ture, and cheaper, including the QQSt of freight, . iHspranpv&e. than he could take them out with SETTLEMENTS IN AUSTRALASIA. 133 him. And as for clothing, I would not recom mend him, unless he possesses considerable pro perty, to lay in more than would suffice for one or two years' wear at the furthest ; since all that he experids in this way will be so much dead capital, and, of course, will seriously detract from his chance of forming a successful establish*1 ment. for himself and his family. The power too of capital is so considerable there* that the. benefit he will derive from the employment of it in his agricultural pursuits, will more than coun terbalance the increased price, which all com modities of British manufacture naturally sell for in the colonial market. An emigrant possessing, say 500/. capital* might, with advantage, take with him the follow ing articles for his own use in the settlements. Any of these he already possesses will of course do. Household furniture, viz. Beds, blankets, sheets, quilts and hangings ; table linen, towelling, &c. ; earthenware, glass, tin, japanned pewter, and brass ware ; kitchen utensils, such as pots, pans, saucepans, &c. &c. knives and forks, and spoons. Agricultural Implements. One dozen spades, half-a-dozen shovels. One dozen strong West India hoes. One dozen toothed reaping hooks. Two sets of iron work for harrows. 134 STATISTICAL ACCOUNT OF THE: Two bullock chains. Half-a-dozen rakes, and half dozon forks,.of sizes-. Half-a-dozen best sheep shears. Carpenter's Toolsr Six cross-cut saws,. five and six feet blades.. Two pit saws with tillers and handles. Twelve hand, saws, of sizes. Six dozen pit, cross-cut,, and hand-saw files. Six good broad axes. Twelve strong felling axes- Six splitting axes. Three Adzes. One dozen Augers, of sizes. Six dozen Gimlets, of sizes. One dozen chisels and gouges, of sizes. Six spoke shaves. One dozen claw hammers, of sizes. One dozen shingle and other hammers. Sundries. A bale of slop clothes, containing Twenty blue drugget jackets. Twenty blue drugget trousers. Five dozen stripe cotton shirts. Five dozen canvas trowsers. Three dozen duck frocks. A good steel mill, or small hand miJL A set of 3, flour wire sieves. Six plain strong locks. One dozen bolts and latches. Two dozen pair of strong hook and eye hinges- SETTLEMENTS IN AUSTRALASIA. 135 Nails. Ten thousand shingle stout long 4c/. rore. Five thousand batten stout short 8c?. ditto. One thousand twenty penny stout rore. One thousand forty-penny ditto ditto. Three thousand flooring nails, stout. 4thly. The most advantageous manner at present of transferring capital to these colonies is by converting it into dollars. The emigrant may safely calculate upon being able to dispose of his dollars at the rate of about 4s. 6d. each, which, after the payment of § per cent., for in surance, will leave him, in the present state of the bullion market, a profit of about 71 per cent. on the amount of his capital. It is possible, indeed, that he might lay out his money here to much greater advantage in the purchase of mer chandize, if he only knew with certainty the state of the colonial market, and could ascertain with what goods it abounded, and in what it was deficient. But to arrive at this knowledge will evidently be out of the power of by far the greater number of emigrants ; and without it I would not recommend any person to lay out his capital in the purchase of an investment. And I make this recommendation with the more con fidence, from a consideration of the delays, and losses, to which the emigrant would be subject 136 STATISTICAL ACCOUNT OF THE from his ignorance of the character and circum stances of the persons, with whom he would have to deal in the disposal of his merchandize. — There is a sort of general necessity in all countries to allow the purchasers of goods a limited credit with them. In this colony, where as it has been already stated, the imports gene rally exceed in value the amount of the income and exports, and where the circulating medium is in consequence so inadequate to the purposes of domestic economy, that a system of barter, the most obvious and natural substitute for a currency, has, to a certain extent, crept into general adoption ; the necessity for giving credit in mercantile transactions must evidently, to a certain extent, be peremptory and irresistible.-^ Now throwing entirely out of consideration the liability to loss from bad debts ; a liability to which it is clear, that a stranger in his commer. cial dealings would be exposed ; the mere delay, which the sale of an investment would occasion in his agricultural pursuits, and the additional expense, which would be incurred by his neces sarily residing in the meantime in Sydney, or (if he should emigrate to Van Diemen's Land) in Hobart Town, — would, in my opinion, more than countervail, and absorb any profits to be derived from his goods, — however well they might be suited to the market, — and however high the prices that he might obtain for them. SETTLEMENTS IN AUSTRALASIA. 137 Unless the emigrant, therefore, intends to devote his attention to commercial pursuits, I would, by all means, recommend him to avoid dab bling in merchandize. To those, however, who may emigrate to these colonies with this in- tention, I can offer but little advice, with re spect to the goods, which it would be most eligible for them to purchase, and take out with them. Those goods, which are in most constant and general demand, are woollen cloths, slops, kerseymeres, flannel, linen, cam bric, long cloth, printed cottons, chintzes, mil linery, stationery, threads, tapes, pins, needles, and other sorts of haberdashery ; silk, cotton, and worsted hose ; gloves, ladies' shoes, cali- mancoes, cutlery, ironmongery, rod-iron and steel, glass, crockery ware, porter, ale, cheese, spirits, wine, &c. &c. : but, of course, the market may happen to be overstocked with many of the above articles, and the speculator, there fore; may not meet with an immediate sale for them on his arrival. If he can, however, only afford to lay out of his money, he will be sure to dispose of them eventually at a profit. 5thly. Where it will be advisable for the emi grant to select his land will depend materially on his intended occupations. If he means to devote his attention exclusively to agriculture, the districts on the banks of Paterson's and 138 STATISTICAL ACCOUNT OF THE Hunter's river, which are as yet in a great degree unappropriated, and to which a road has been opened overland from Windsor, are the situations where I would recommend him to settle, as he will have the advantage of water- carriage for his produce. If, on the other hand, it be his intention to attend principally to the rearing of stock, whether black cattle, sheep, or horses, I would advise him to select his land in some part of the country westward of the Blue Mountains, or southward to Lake Bathurst and George. By so doing he would insure for many years to come an unlimited range of lux uriant pasturage for his flocks and herds ; and since roads have been opened to this immense southern and western wilderness, through a continuous range of beautiful country, only gently undulated with hills, the expense of conveying the produce to Sydney will be con siderably lessened : yet it cannot be denied, that, however good these roads may be, and however inconsiderable the irregularities of sur face over which they may pass, the cost of land carriage from the western and southern country will always be considerably greater than of water-carriage from those districts, which are contiguous to the sea, or are intersected by navigable rivers, as the Five Islands, Shoal Haven River, Paterson's and Hunter's River, the River Hastings, and other unappropriated SETTLEMENTS IN AUSTRALASIA. 139 tracts, in which the emigrant will have the option of selecting his grant. And it is accord ingly, as I have before said, in some one or other of these situations that the mere agricul turist should settle. But with the stock holder the case is different. His produce is not, like agricultural produce in general, of a bulky nature, and of but trifling value, and, consequently, not able to support the cost of a long and expensive land-carriage. Wool, butter and cheese, which would be his principal re turns, are all articles capable of being com pressed into a small space, and sufficiently valuable to pay for the additional cost of an inland transport from situations much more re mote from the metropolis, than that which I have recommended for the selection of this class of emigrants. And as for the fat cattle and sheep which the stock-holder would annu ally have for sale, the expense of sending them to market would be confined to the mere wages and support of the drivers, and to a trifling toll for the use of the yards and paddocks, that might be constructed at the different resting- places for the reception of cattle by night. As for pasturage, the country on each side of the road will furnish it ad libitum; and even when the contiguous lands, along the whole line of it, shall be appropriated, a circumstance which can- 140 STATISTICAL ACCOUNT OF TME not take place, at all events, for the next twenty years* the only addition to the above expence will be the hay and fodder, that the cattle may consume on their way to market The cer tainty, indeed, of there being henceforth a plen tiful supply of these necessary articles is one of the chief advantages, of which this discovery of a new tract to the great western wilderness will be productive to the future stockholder. The old road, it has been seen* passed over a range of mountains nearly sixty miles in breadth, and of so bleak and barren a nature, that its only vegetable production is a miserable dwarf underwood, interspersed here and there witb a few wretched diminutive gum trees. Scarcely a blade of grass is to be seen in the whole of this distance, and it would defy all the skill and in dustry of man to render it capable of producing any. Cattle and sheep, consequently, on their way to and from the western country, were unavoidably compelled to traverse these moun tains without any sort of food except the leaves of shrubs and a few occasional tufts of rushes. Many of them, therefore, suffered so consider able a loss of flesh, as to be deteriorated in value, on their arrival at the market. A situa tion so repulsive and ungrateful could never have repaid the labours of the husbandman, and; of course, could never have become the seat of any thing like a crowded population. But, SETTLEMENTS IN AUSTRALASIA. 141 thanks to Mr. Throsby's enterprizing spirit and perseverance, and the roads which have been opened, such circumstances are now no longer to be apprehended ; and a regular, un interrupted chain of communication will gra dually extend from the eastern extremities of this vast country to the western, and link toge ther in a communion of interest, knowledge, industry, and civilization, the future myriads of Australasia, 6thly. The expence of converting land from a state of nature into cultivation, depends ma terially on whether it be covered with forest, Or brush. From the schedule of prices, which are given in this work, under the head of" price; of labour," it will be perceived, that the cost of clearing land of the former description is 21. 18s. per acre, and of the latter, 31. 19s. 6d.-^ These sums, however, include two several items of 1/. 10s. and 1/. 17s. 6c?. per acre, for rooting out and burning the stumps, which remain in the land, after the trees are felled : but these are mere optional expences, and, indeed, are never incurred, but by those who study orna ment. A number of stumps, elevated two or three feet above the surface of the field, are certainly objects very repulsive to the eye of a new comer; but habit soon removes the dis gust, which they at first inspire ; and very few, 142 STATISTICAL ACCOUNT OF THE not one person, it may be safely asserted, in a hundred, submit to the cost of ridding their cultivated lands of them. They are never so close together, as to prevent the use of the plough ; and, as the drill system of husbandry has not yet been introduced into the colony, they are found to impede but very little the operations of agriculture. Subtracting, then, these two items from the preceding calculations, the expence of clearing forest and brush land will be severally reduced to 1/. 8s. and 21. 2s. per acre ; and, supposing the emigrant to have teams of his own, the ploughing of his ground will not stand him in more than 6s. per acre. Forest land, however, is the only sort that can be ploughed for a first crop ; the numerous small roots that are in brush land render the use of the hoe, during the first year of its cultivation, indispensable. The expense attending this mode of culture, it will be seen, is 1/. per acre ; so that to prepare new lands for the reception of the seed will cost the proprietor of forest land 1/. 14s. per acre, and of brush land, 3/. 2s. The best seed wheat may be had for 7s* 6c?. per bushel, and a bushel and a half is the quan tity usually sown : so that, allowing 4s. per acre for harrowing in the seed on the former sort of land, and 6s. per acre for chipping it in with the hoe in the latter, the first crop may be got into the ground for 21. 9s. 6c?. in the one in- SETTLEMENTS IN AUSTRALASIA. 143 stance, and for 31. 15s. 6d. in the other. Now, supposing the produce of both the above de scriptions of land to be only twenty bushels per acre, the crop, at the rate of 7s. per bushel, which is, perhaps, somewhat about the price it averages in the market throughout the year, will be worth 11. per acre. And adding to the above expense of getting in the crop, 8s. per acre for reaping it, 6d. per bushel for carrying it to market, and 6d. per bushel for threshing and cleaning it, there will result to the emi grant, from the first year's cultivation of his farm, a clear profit of 3/. 2s. 6c?. and 1/. 16s. 6d. per acre, accordingly as his land may be covered with forest or brush. The second year his profits will, of course, be augmented by the entire cost incurred in the clearing of his ground, and by the superior produce of his crop ; for it is not until lands have been sweetened and mellowed by a year's exposure, at the least, to the sun and atmosphere, that they attain anything like their maximum of fertility. The expense attending the erection of the buildings necessary for the reception of himself and his family, and for the purposes of his agri cultural avocations, will, of course, be regulated entirely by the magnitude of the scale, on which they may be attempted. If he be not cramped 144 STATISTICAL ACCOUNT OF THE in his means, it would undoubtedly be the most economical plan, in the long run, to construct at once all his buildings of substantial materials, and on a plan sufficiently extensive for the vari ous objects he may have in view. To com plete anything like a spacious house of brick or stone, with a barn, stabling, and the other necessary out-offices in a farm-yard, would re quire not less than 1,000/. : but the simple erections, with which new beginners commonly content themselves, and which are composed either of solid logs of split wood,, placed in a perpendicular position as closely together as possible, and having their interstices filled up with mud ; or else of posts, at the distance of two or three feet asunder, the intervals between which are closed with laths and plaister, and the roof covered with thatch or shingles, may be constructed for one-twentieth of the above sum ; and, if the emigrant's capital be small, it would be unquestionably advisable for him to sink as httle of it as possible in building. Let him apply it to the cultivation of his farm, and in the purchase of stock, and the returns from them will soon enable him to erect a more solid and commodious habitation. Lastly. It is the interest, and ought to be the first object of all such as emigrate to these colonies, for the purpose of devoting themselves SETTLEMENTS IN AUSTRALASIA. 145 to the pursuits of husbandry, to select their land, and to settle themselves on it, with all pos sible celerity. A residence in any of the towns, but more particularly in Hobart Town and Sydney, ought by all means to be avoided, not only on account of the heavy expence of house rent, firing, provisions, and, indeed, of all the common necessaries of life ; but because every hour unnecessarily spent there will retard the formation of that establishment for himself and his family, which will have been the main and ultimate object of his emigration. If he, in deed, be surrounded with a family accus tomed to enjoy the comforts and elegancies of society, it is not to be expected that he should expose them to the hardships of a first settle ment in a boundless, and almost uninhabited forest. In this case, he must necessarily provide them with a comfortable habitation, until he has prepared one for their reception on his own land. But at all events let him remove with them to the town or township most contiguous to his farm ; or, what would be a still better plan, let him rent a farm-house as near it as he can obtain one. Colonization in every part of the world, however mild and salubrious the climate, and however rich and productive the soil, is attended with difficulties, and necessarily entails privations, of which the inhabitants of old countries can form but little anticipation, VOL. II. L 146 STATISTICAL ACCOUNT OF THE and for the endurement of which their past habits will always have more or less disqualified them. Let the emigrant, therefore, give mature consideration to this truth, before he leaves the land of his nativity. When once arrived in this colony, he will have no safe alternative but to grapple manfully with the difficulties which he will have to encounter. On the other hand, let him not forget that there is a flexibility in human nature, which will soon enable him to bend to emergencies, and to accommodate him self to circumstances, however repugnant they may appear to him on their first approach. This principle, too, is most easily called into action, when the habits to be acquired have a recur rence towards the original state of nature, and are not the consequence of a superior degree of civilization and refinement. It is an easier task to throw off a thousand old restraints, than to submit to a single new one. Every change, that relieves us from any of the thraldoms of civilized society, is readily endured, soon be comes indifferent, and ultimately agreeable. And although the emigrant, in the rude cabin that will probably be his first shelter, may occa sionally regret the absence of the numerous luxuries and enjoyments which he has aban- doned, and can no longer command, yet, if he recollects that by his personal exertions he may soon raise a home as comfortable as the one he SETTLEMENTS IN AUSTRALASIA. 147 has left behind him ; — a home where he may enjoy the entire fruits of his labours, and where he will have neither rent, nor taxes, nor tithes, nor poor-rates to shackle his industry and neu tralize his efforts to arrive at affluence and in dependence, — I say, if he reflect duly on these circumstances, he will find that he has ample cause to rejoice in his change of situation ; and the temporary hardships and privations attend ing his first establishment will soon merge in the gratifying contemplation of the subsequent ease and happiness, which he may safely calcu late not only on enjoying himself, but on be queathing as a legacy to his children. LETTERS, &c. TO MR. PEEL. There are other points of view in which the settlements in Australasia may be considered, and other important national objects to which they may be applied. New South Wales has never yet been appreciated in the degree it ought as a penal settlement, nor the advantage it has been of to the nation in that respect duly estimated. Neither has the attention of this country been at all turned to it, as being of all our colonies that best calculated for the recep tion of poor emigrants ; and as possessing capa- l 2 148 STATISTICAL ACCOUNT OF THE bilities of employing and subsisting our redun dant population. The gentleman alluded to in the preface has addressed a series of letters to a member of the government on these subjects ; and as they not only throw considerable light on the means and resources of Australasia, and afford a fund of information that cannot fail of being useful to persons wishing to emigrate thither, but also seem to me to be of very general interest, I take this opportunity, by his permission, of publish ing them. The first letter relates to New South Wales as a penal settlement. The second suggests plans for the emigration of persons of small fortune. And the third suggests plans for the emigration and settlement in Australasia, of the redundant population of England and Ireland. first letter. Sir, - Perceiving that a very considerable degree of misconception prevails relative to the colony of New South Wales, with reference to the pur poses of its original formation as a penal settle ment, for the punishment and reform of cri minal offenders ; and happening, from a resi- SETTLEMENTS IN AUSTRALASIA. 149 dence of several years there, to possess some local knowledge of the means, resources, and, as I conceive, the peculiar advantages of that colony for those purposes, I beg leave to submit the same to your consideration, Sir, as being the minister of the crown at the head of the police of the country. I conceive tiie object of all penal infliction to be, the punishment of the offender in such wise as will, in the first place, deter others from offending ; and, in the next place, have the effect of reforming the offender himself. Every system of penal infliction, whether extending to life, as capital punishment, or to liberty, as confinement in hulks or penitentiaries, will be effective only so far as it answers one or both those objects, punishment and reform ; nor, in an extended system, should the expence. or economy attending it be forgotten ; for although it may not be the primary consideration in penal establishments, yet it is one of very consider _ able importance. I shall therefore proceed to shew how far the colony of New South Wales has been found to answer as a penal settlement in those three principal points — punishment,^ reform, and economy. / Transportation is in itself certainly the most severe punishment next to death that can he 150 STATISTICAL ACCOUNT OF THE inflicted. It is banishment from family, home, friends, and all the endearing connections and social ties of life ; a man is torn from the land Of his father, the scenes of all hi3 early associa tions and happiness, and doomed to be banished to a country at the other side of the globe, of which be has but little or no knowledge, un certain of the fate that awaits him, except in this —that it will be painfuland penal in the highest degi-ee. He has to undergo a six months voyage over boisterous seas and through every variety of clirriate* during which he is subjected to every privation consistent with the preser vation of life, to strict coritronl and summary punishment in chains and irons* ill a word, to all the horrors of a sea prison ; — a prison on shore is bad enough, what therefore must a sea prison be ? On his arrival in the colony he is put to hard labour ; placed Under the most rigid controulj subjected to summary punish ment, flogging* working in irons, solitary con finement for every instance of disobedience, idleness, or neglect; He has no friend to con sole him ; no refuge to fly to ; no chance of escape ; no alleviation of his misery, unless by good conduct and reform. Now I would seri ously ask, is there any thing in confinement in hulks or penitentiaries to equal this ? The labour at New South Wales is more severe, the privations greater. A man confined in' hulks SETTLEMENTS IN AUSTRALASIA. 151 or penitentiaries occasionally sees, and always hears of and from his friends. He undergoes no tedious, dangerous and painful voyage. He leaves not his country or connections. When his period of punishment expires, he returns at once to both. In every particular, therefore, transportation to New South Wales is a far greater punishment than imprisonment of any kind, however severe. If a man has not lost all his better feelings, banishment must be the,H greatest of all punishment, short of death ; and if he has lost them, yet being permanently re moved from even his vicious connections, pur suits and habits, will be to him very painful;, certainly more so than when only partially removed, and with the certain prospect of re turning to them at the expiration of his impri sonment. With reference to the reform of offenders, the very local circumstances of New South Wales are most favourable to it. The offender is broken off from all his old vicious connec tions, habits, indigencies and pursuits. The convicts are so widely distributed in New South Wales, that men from the same town or neigh-. bourhood are not often associated together, adn if they should happen to be so, there is nothing to reunite them, as there is neither time, oppor tunity, or material to plunder ; neither have 152 STATISTICAL ACCOUNT OF THE they means or opportunity of indulging in the vices of gaming, drunkenness or debauchery; they are in short forced from the want of means and opportunity to abstain from the vicious and immoral habits which they had been accus tomed to indulge in. The offender acquires habits of useful industry. As soon as he arrives in the colony he is immediately assigned over to the government superintendent of works, or to the settler, and employed in agricultural or domestic labour, of such a kind as is serviceable to the employer, and beneficial to the offender, as it will enable him, after the term of his sen tence expires, to become a settler himself, or obtain an honest livelihood. Such men as happen to be assigned to settlers have peculiar advantages as to reform ; they become domes ticated in the family ; have an example of good order and industry constantly before them ; are subject to a more strict, and at the same time a milder superintendance ; they must work, and work well, for the settler, but at the same time they are better treated, they are used more like domestic servants than compulsory labourers ; and if the convict has one spark of moral feeling, or even ambition, remaining, he will be most powerfully stimulated to reform ; when he sees, what now happens in the greater number of instances, that the very master he is serving was once in his own condition, and SETTLEMENTS IN AUSTRALASIA. 153 rose to be a master and a settler by a course of obedience, industry and good conduct. Ano ther great circumstance is, that the offender cannot return to his vicious habits if he would. In New South Wales, a new infant colony, there is but little opportunity . to plunder, and still less temptation if there was opportunity. The difficulty of concealment, and facility of detec tion, it is obvious must be infinitely greater in a country where every person is known, where there can be no regular receiver of stolen goods, and where they cannot be disposed of when stolen, than in the crowded cities and towns of England abounding with wealth and temptations to plunder; so that in fact, from \ the mere scarcity of materials, if I may use such an expression, the difficulty of concealment and disposal, and the certainty of detection and of punishment, crime is rendered unsafe, unpro fitable, and not worth pursuing ; and is conse quently abandoned, excepting in the instance of men so totally hardened in vice as to be in capable of reforming their habits under any circumstances. A regular system of reward for good con duct, and consequent encouragement to reform, has been established in New South Wales, and successfully acted upon hitherto. The con victs, upon their arrival in the colony, are put 154 STATISTICAL ACCOUNT OF THE to domestic and agricultural, labour, in the service of the government or of the settlers ; after a certain period of time, from three to five years, if a man has conducted himself with diligence, sobriety, and faithfulness in his ser vice, and upon obtaining a certificate to that effect, signed by his master, the district chap lain, and a magistrate, he obtains what is called a " Ticket of Leave," whereby he is dispensed from compulsory labour, either for the govern ment or the settler, and permitted to employ himself for his own private advantage and sub sistence. After holding this " Ticket of Leave" for a certain time, three or five years more, if there has been no complaint or charge against him, and upon a further certificate of continued good conduct and industry, he obtains what is called an " Emancipation," that is, a pardon upon the condition of his continuing to reside in the colony ; whereby he becomes freed from all the penalties of transportation, and restored to all the privileges and capacities of freedom. He then also becomes entitled, by the king's instructions to the governor, to a grant of land in perpetuity, a certain number of acres for himself, his wife, and each child, if he has any, and to provisions for his subsistence, until he can raise a crop, and seed, and implements to bring his land in cultivation ; and thus becomes a settler or freeholder, possessing an estate jsuf- SETTLEMENTS IN AUSTRALASIA. 155 ficient for the maintenance of himself and his family by honest industry. By such a regular system of gradual reward held out to indus trious, faithful and honest conduct, it is obvious the greatest possible stimulus to reformation is provided, and full and fair opportunity given to every well-disposed man to reform his conduct, and atone for his offences. Indeed the system which prevails in New South Wales, and which certainly was intended by its establishment and by its founders, is such as to be in fact a school of correction and reform. The offender is punished, and severely punished, by banishment from his country and connections ; under going a long and painful sea-voyage, confined in a sea prison, compelled to hard labour and severe privations, and subject to rigid controul, summary and severe punishment. And he is reformed by being broken off from the possi bility of indulging his vicious and immoral habits, and by being compelled to acquire a respectful demeanour, habits of labour and economy, of self-denial and sobriety, and the employment he is engaged in is healthy in itself and beneficial to him, as it prepares and enables him to procure, an honest subsistence for him self at the expiration of his sentence. And when his sentence expires, or is remitted, in stead, as is the case in England, of being thrown back with a tainted character upon 156 STATISTICAL ACCOUNT OF THE society already overflowing with men of un tainted' character in want of employment, where there can be but very little prospect in deed of his succeeding in obtaining honest bread, and therefore almost a certainty of being again driven to criminal practices or starvation, instead of being placed in such untoward cir cumstances, the emancipated convict in New South Wales has the certainty of either becom ing an industrious freehold settler on his own estate, or of obtaining an honest and comfort able livelihood for himself by his labour, in a country abounding with good land, to which emigrants are continually flocking, and where there is employment and subsistence for every hand. The extent to which reform has been effected among the convicts heretofore sent to New South Wales, is not, I believe, generally or in deed at all known ; I shall therefore just give a sketch of it. The number of persons trans ported to New South Wales, from its establish ment in I788, to the end of the year 1815, was 13,801 men, and 3,265 women, total 17,066 ; of these 6O67 became free by pardpn, and service, 1688 held tickets of leave, 3813 still continue convicts, and the remainder 5498 had died, having a considerable number previously be come free. Those who had become free with SETTLEMENTS IN AUSTRALASIA. 157 their children who had come to maturity, 1947 persons, formed in 1821, 3478 families, having 7212 children, and possessed 251,941 acres of land in pasture, 34,769 acres in cultivation, 2447 horses, 59,469 head of horned cattle, 168,960 sheep, 25,568 swine, 3,478 houses, 15 decked vessels, of various burthen, 87,000/. worth of agricultural dead stock, and 300,000/. invested in trade ; the estimated value of their entire property being 1,562,201/. sterling, all the creation and fruit of their own industry ; and they employed and subsisted 4,640 convict la bourers, making thereby a saving to the govern ment of 116,000/. per annum ; as appears by the colonial general muster of population and proper ty, for the year 1821. Here the reformation that has taken place among the convicts, transported to New South Wales, appears both in its nature and degree. Of 17,000 persons transported in thirty years, nearly 5,500 have died ; 3,800 are still convicts ; 1,700 are so far reformed as to have obtained the first degree of reward and indulgence, and 6067 have become heads of families, householders, and proprietors of landed and other property, to the value of above one million and a half sterling ; have upwards of nine thousand children, who are in the course of being educated in industrious habits, and employ, and subsist, and thereby relieve the crown from the expence of subsisting more 158 STATISTICAL ACCOUNT OF THE than 4600 convicts. Whatever the private morals or failings of these people may be, and the greater number of them are not worse in this respect than their unconvicted fellow colonists, they have been politically, and as far as human laws are concerned, morally reformed. They have become fathers of families, they possess considerable property, created and acquired by industry and honest exertion, and fulfil all the political, social, and domestic duties of citizens, and their children are in the course of becoming, and will become, equal to any other description of people in any part of the king's dominions. I do therefore conclude, upon consideration of these facts, that New South Wales, as a penal settlement, has been productive in an eminent degree of substantial and beneficial reform in the persons transported thereto. With regard to economy, or the expence of the system, it can be justly appreciated only by contrasting it with the expence that has attended the other systems of penal infliction adopted in England, Hulks, and Penitentaries. In the reports of the parliamentary committees, on transportation in 1812, on the state of gaols in 1819, and the papers laid before parliament 1819, 1821, and 1823, we have the entire ex pences of New South Wales, and the number of persons transported. In the twenty-eighth finance SETTLEMENTS IN AUSTRALASIA. 159 report, in the second report of the police of the metropolis, and in the several reports of the su- perintendant of hulks, we have the expenditure, and numbers confined in the hulks. And in the reports to parliament, by the committee of the Milbank Penitentiary, 1819 to 1823, we have the expense of that establishment, and numbers con fined in it. Now in order to ascertain whether New South Wales has been more or less expensive, we must estimate the average annual expense of each person confined there, in the Hulks, and in the Penitentiary, and compare the one with the other ; or estimate what the number of persons transported to New South Wales would have cost, if they had been kept in hulks or peniten tiaries, at the same rate of expence as those who actually were so kept. The average expence per head per annum in New South Wales has been from 1787 to I797, 28/. 3s. 5d. ; from I797 to 1810, 18/. 14s. 4c?. ; and from 1810 to 1821, 25/. 5s. 7\d. including subsistence, clothing, superintendance, and the civil government, naval and military expences of the colony, as well as the transport of the convicts out. The ave rage expence per hea8, per annum, in the hulks, has been from I787 to 1797, 23/. 19s. Oc?.;.from 1797 to 1810, 27/. Is. 8c/,; and from 1810 to 1821, 33/. 12s. Od. The expence of Milbank Penitentiary has been very great. The cost of erecting it, including the interest thereon, 160 STATISTICAL ACCOUNT OF THE amounted, when completed for the reception and confinement of 1000 persons,' to 571,460/., the annual interest thereon, at four per cent., comes to 22,858/. being an annual expence for lodging 1000 persons, of nearly 22/.l7s.2c?. each ; the expence of subsistence and superintendance has been in 1818, 41/. 17. 2\d. per head; in 1820, 38/. 15s. 4!e?., and 1821, 31/. 0s. 7|c?. ; average of the three years, 331. 17. 81c?., to which add the interest of the cost of buildino-, 22/. 17s. 2c?., and it makes the annual average expence of every person confined in Milbank Penitentiary amount to 561. 15s. Od. Finding the expences of Milbank Penitentiary to have been so great, I have ascertained, as far as parliamentary documents will enable me, the expences of other gaols, penitentiaries, and . houses of correction, and I find them as follows, including the interest of the cost of building, superintendance, salaries of officers, clothing and subsistence : The Refuge for the Destitute, average of the years 1815, 16, 17, 18, and 1819, per head, (see first report £. s. d. on the police of the metropolis.) 37 2 3 The Philanthropic Institution, see se cond report on ditto - - 36 17 6 SETTLEMENTS IN AUSTRALASIA. 161 £. s. d. The London Female Penitentiary, (see ditto) - - - - 41 6 4 The Magdalen Hospital, (see ditto) 42 8 0 Newgate, average, 1815, 16, 17, and 1818, (see Lords report on gaols) 32 15 7 Coldbath Fields House of Correction .; Clerkenwell Prison', and TothiH- . ... fields Bridewell, average per -head, without clothing, (see Lords re port on gaols - - - 312 0 Bridewell Hospital**?, (see report on Prisons of the metropolis) - 42 5 8 Worcester Gaol and House of Cor rection, (see Lords reports on gaols) 28 2 41 Maidstone Gaol, Penitentiary, and House of Correction, (see ditto) 39 3 10 Taking the average of these several prisons, and of Millbank Penitentiary, it will give a ge- , neral average, per head, per annum, for Penitentiaries of 38/. 14s. Od. The following table shows the comparative expence of the convict establishments of New South Wales, the hulks, and penitentiaries. The first column shews the actual number of convicts confined at New South Wales in each year ; the second column contains -the entire expences of that colony, civil, naval, military, and transport clothing, and subsis- VOL. II. m 162 STATISTICAL ACCOUNT OF THE tence of the convicts. The third column shows what the expence of the same num ber of convicts would have been, if confined in the hulks, estimated at the same rate per head which those confined in them actually cost. And the fourth column shows what the expence would have been, if they were confined in peni tentiaries, estimated according to the actual average expence of Millbank Penitentiary, and other goals and penitentiaries. The actual expence of the hulks, has been from 1787, to 1797> average per head, per an num 23/. 19s. Od. ; from 1798, to 1810, gradually advancing from 23/. 19s. Od., to 30/. 4s. 4\d., ave rage 27/. Is. 8c/. ; from 1810 to 1821, as per ac tual yearly expence, varying from 43/. 7s. 9ld^ to 27/. 18s. 7kd; per head, per annum. The expence of penitentiaries, from 1787, to 1810, is estimated by comparison with that of hulks, there being no penitentiaries then in use, upon the supposition that if penitentiaries had been in use, the same rate of excess in expence would have occurred, thathas beenfoundto prevailsince both systems have been adopted The expence of penitentiaries would have been, therefore, from 1787, to 1797, 28/. 10s. 0d., average, per head, per annum ; from 1797, to 1810, 31/. 4s. Odi and from 1810, to 1821, 38/. 14s. Od. SETTLEMENTS IN AUSTRALASIA. m ""T . o ^ 3 fe SSI'S CD Entire Expendi Would have cost Would have cost 01 ture of New South in Hulks. in Penitentiaries. >< S5 S!S Wales. £ s. d. £ s. d. £ s. d. 1786 28,346 3 6 7 757 31,341 4 8 18,130 3 0 2-1,574 10 0 8 699 18,008 9 2 16,741 1 0 19,921 10 0 g 1.661 88,057 15 2 39,780 19 0 47,338 10 0 ;i790 1,518 44,774 4 7 36,356 2 (I 43,263 0 0 i 3.695 129.019 19 10 88,495 5 0 105,307 10 0 2 3,612 104,588 2 4 86,507 8 0 .102,942 0 0 3 3,800 69,961 16 6 91,010 0 0 108,300 0 0 4 3,852 79,381 13 11 92,255 8 0 109,782 0 0 5 4,1S3 75,280 19 1 100,182 17 0 119,215 10 0 6 4,532 83,854 18 0 108,541 8 0 129,162 0 0 7 5,349 120,372 4 9 128.108 11 0 152.396 10 0 8 1 5,608 111,514 6 7 151,883 6 8 159,828 0 0 9 5,518 80,274 4 9 149,445- ,15 0 172,161 12 0 1800 6,693- 110,984 11 1 18l,26S 15 0 208,82-1 12 0 1 6,805 125,563 9 1 184,302 1 s 212-.316 0 0 2 6,973 149,410 10 6 18S,852 1 s 217,557 12 0 3 7,251 96,961 16 9 196.3S1 5 0 226,231 4 0 4 6,362 46,518 19 6 172,304 3 4 198,494 S 0 1805 6,076 118,597 6 7 164,558 6 8 189,571 4. 0 6 5,303 105,297 14 7 143,622 18 4 165,453 12 0 7 4,970 121,859 ID 4 134,604 3 4 155,064 0 0 S . 5,275 131,542, I 7 142,874 16 8 164,580 0 0 9 5,164 124,636 16 11 139,858 6 8 161,116 16 0 1810 5,190 178,699 15 1.1 156,835 6 3 200,853 0 a 11 5,548 214,696 5 5 175,095 3 0 214,707 12 0 12 5,655 185,547 16 8 186,357 4 4 218,848 10 0 13 6,288 218,735 1 5 198,674 12 0 243,145 12 0 14 7,037 225,085 10, 0 305,332 10 0 272,331 18 0 15 7,383 181,5S9 11 4 270,540 16 1 285.722 2 0 16 8,479 216,291 8 7 262.354 7 10 328,137 6 0 17 10,107 232,585- 9 7 379,012 10 0 391,140 18 0 18 12,621 325,132 3 10 474,654 15 6 488,437 14 0 19 15,447 327,845 0 2 464,375 8 9 597,798; 18 0 1820 18,568 373,315 16 6 6,12,744 0 0 718,581 16 0 1821 20,494 425,350 14 3 572,444 7 9 793,117 16 0 Totals £5,301,023 16 6 £6,814,486 3 fi £7,943,221 2 0 Expence of fit } tinjf up fort vh ¦ - 400,000 0 0 Hulks y Expence of ~\ erecting ftfi't T'f Penitentiarie S> - - 8,366,640 0 "0 at 269,1«61. v each. - - -Jj Total Expenditure £5,301,023 16 6 £7,214,486 3 6 £16,309,861 2 0 M 2 164 STATISTICAL ACCOUNT OF THE The entire expence of New South "Wales, from its settlements in I7SS, to December 1821, has been 5,301,023/. 16s. 6d., for which 33,155 per sons have been transported, and subsisted, and all the civil, naval, military, and other expences of the colony paid. To have kept the same number during the same period, in hulks, would have cost the nation, including the fitting up of the necessary number of hulks, forty at least, 7,214,486. 3s. Gd. And. to have subsisted and managed them in penitentiaries, erected and supported, not at the same rate of expence as Millbank Penitentiary, but, upon the most eco nomical plan, would have cost for superinten dence and subsistence only, 7.943,221/., and the expence of erecting the necessary number of penitentiaries, forty at least, upon the least ex pensive plan yet effected. I mean on the plan o f the Maidstone Goal and Penitentiary, the erec tion of which, for the accommodation of 450 prisoners, notwithstanding the utmost atten- stion to economy, and simplicity of style, cost 192,000/., would have cost the further sum of 8,366,640/., making a total for penitentiaries, of 16,309,861/. sterling. In this estimate I have taken no account of the value or produce labour of the convicts, be cause the labour performed in iSTew South Wales, is much more valuable than that of prisoners in hulks or penitentiaries, can possibly SETTLEMENTS IX AUSTRALASIA. 165 be. In the present state of the labouring popu lation of England, where the number of labour ers is greater than there is adequate employment, and subsisting wages for ; the employment of convicts at labour, is of no benefit whatever to the country ; for if the work to be performed be necessary or useful, it will afford employment and subsistence to a certain number of labourers; employ convicts in performing it, and you throw out of employment an equal number of free un convicted labourers, who must therefore come on the poors-rate for subsistence, and a greater expence will be incurred thereby, in the shape of rates, than any possible saving which the la bour of convicts may effect in their maintenance. But allowing the labour of convicts in hulks and penitentiaries, to be of all the value that it lias been estimated at, what does it amount to when put in comparison with the value of the colony of Xew South Wales. That colony is certainly the fruit of the convicts' labour. It now con tains a population of more than 40,000 souls, who occupy upwards of 700,000 acres of land, aud possess upwards of 5000 horses, 120,000 head of horned cattle, and 350,000 sheep ; it contains five thriving towns, and several villages; it consumes British manufacture aunualh of the value of 350,000/ ; its exports amount to 100,000/. per annum ; it employs upwards of 10,000 tons of shipping, and yields a colonial revenue of more than 50,000 a year : whereas if lot) STATISTICAL ACCOUNT OP THS the same convicts had been kept in England* either in hulks, penitentiaries, or any other bet ter system of correction, and employment, their labour, instead of being productive and valuable,, would have been in itself of very little value, and, as coming into competition with free and unconvicted labour, would have created a far greater expence in the shape of poors-rate, for the subsistence of those whom it would have thrown out of employment, than any possible' saving that would have been derived from it. The convict in England, so far as his labour is concerned, becomes a competitor with the free labourer. The convict in New South Wales, becomes not a competitor with, but an employer of the free labourer of England, to the full extent of the expence of his, the convict's maintenance ; because all the money expended in New South Wales, has been directly or indirectly expended in the purchase and con sumption of British manufactures.. From these facts I think it clearly appears, that transportation to New South Wales, has been the least expensive penal system adopted fey this- country. That up to the present time a direct and positive' saving of above two million sterling has been made thereby, compared with the other most economical system, that of the hulks ; and as compared with the expence of penitentiaries^ the saving has been above SETTLEMENTS IN AUSTRALASIA. 16? eleven millions sterling; and that in every future year, the saving will be more considerable ; for taking the average of three years, 1819, 1820, and 1821, the expence per head, in New South Wales, has been 20/. 13s. 7d. ; in the hulks, SO/. 6s. 7d. ; and in Millbank Penitentiary, 561. 15s. Od., and this average of 20/. l&s. 7d. per head, for New South Wales, includes not only the subsistence and superintendence of the convicts in the colony, but also the entire expenCe of the transport out, as well as that of the government of the colony, and of the naVal, and military forces there ; in short, the entire expence of every description which the colony is of, both as a penal settlement and Colony, to England. The mere subsistence, and superin tendence of the convicts, has for the last twelve years, cost upon an average, not more than 12/. 13*. 6d. per head per annum ; and for the last three years 1819, 1S20, and 1821, 11/. 6s.. Od., per head per annum; whereas the whole ex- pence in hulks and penitentiaries, has been merely for the superintendence, subsistence and lodging of the convicts. It is I conceive beyond doubt, that New South Wales, as a penal settlement, has been superior in point of economy of expenee, to any other system, and I think' the same superiority will appear in reference to its advantages, 168 STATISTICAL ACCOUNT OF THE- both for the punishment and reformation of offenders. As a punishment, confinement in hulks or penitentiaries, where the labour is light, the food good, and the privations temporary, in a man's own country, and not cut off from friends or connections, is not at all equal in duration, suffering, or degree, to transportation to New South Wales, with all the suffering and priva tions attendant upon banishment from home, connections and friends, the perils and dangers of a long sea voyage, and the certainty of hard labour, rigid controul,and strict discipline in a strange land, with very little or no prospect of ever being able to return to home or country. As to reformation,. it has been seen to what extent it has taken place in New South Wales ; and it eertainly remains yet to be seen whe ther it has been effected to any extent in hulks or penitentiaries. That reformation has taken place in some instances in those establishments is certain, and so far satisfactory ;. but the in stances have been few, and, until a late period, when an improved system of management was adopted,, the hulks were considered to be, and in fact were, schools for vice of the very worst description. How few, if any instances can be shewn of men leaving those prisons, and becom-. SETTLEMENTS IN AUSTRALASIA. 169 ing sober and industrious fathers of families ; bringing up their children in moral and indus trious habits, and becoming themselves honest and useful citizens. I very much doubt whe ther one-half the whole number of persons who have been confined in those establishments have become, upon their discharge, industrious use ful citizens, as has been the ca3e in New South Wales ; for one-half the number of persons transported to New South Wales, up to 1815, had in 1821 (a sufficient period to allow for reforming, six years,) become free, and were heads of families, householders and settlers. Indeed it is impossible, from the existing state of the labouring population of England, that men discharged from hulks and penitentiaries can, even if they had been reformed "while in those establishments, continue honest. How can a man, coming out of a hulk or penitentiary with necessarily a tainted character, obtain honest employment and subsistence in a coun try, where men of untainted character, and the most sober and industrious habits cannot, with all their efforts, obtain employment to subsist by ? The consequence is, that however well* disposed to be honest, the man is compelled to resort to his former practices and connections, or starve. And a greater mischief cannot be done to any convict in England, if" he has not the means of subsisting himself honestly, thaa 170 STATISTICAL ACCOUNT OF THE to keep him back from New South Wales* con fine him in a hulk or penitentiary, and, at the expiration of his sentence, set him at large in a country where he Cannot get honest bread, and Consequently must return to his evil habits. Whereas in New South. Wales, the instant aS man's term of transportation expires-, h'e ean; get full employment, and abundant means of subsistence. 7 There is aaiother circumstance belonging to New South Wales, which makes it peculiarly valuable as> a? penal settlement, and that is the difficulty $f the convicts returning from thence \jifter ther term of transportation expires. All1 those persons confined in hulks or penitentiaries are* at the expiration of their imprisonment, throwl back again upon the public ; as haS been observed-, they cannot obtain honest sub sistence ; they must therefore, and' they do with very few exceptions, return to their old habits of thefts and plunder, often with enlarged VJcious connections and increased1 talents for ttischief, so- that the country is relieved from the mischief of their, theft' and plunder, only while they are in actual duress* Not so with the convict transported; to New South Wales. \ He never comes back-' to renew his career of i iniquity, and the country becomes at once, and .forever, relieved from hittii It has been cofi- SETTLEMENTS IN AUSTRALASIA. 171 sidered, by what I hesitate not to call, a false and spurious humanity, as a peculiarly hard fea ture in transportation ; that, although it may be nominally inflicted but for a term of years, yet it becomes, in fact, a punishment for Hfe, as there is no possibility of the return of the transport at any time. Now this very circum stance is tile peculiar advantage of transporta tion. How seldom do regular, old hardened offenders, whose sole business is thieving, ever commit themselves so as to become subject to the higher punishments. It is well known that transports for seven and fourteen years are, generally, regular town thieves of the very worst character. It becomes a real benefit to the country to have such persons sent out of it, and kept out of it ; and it becomes a real benefit to themselves ; for if they remained in, or could return to the country, they are sure to come to destruction ; but at New South Wales they must live without plundering, and they may live comfortably by honest industry. Suppose^ for instance, that the 33,000 convicts which have been transported to New South Wales had been kept in hulks or penitentiaries in England,. what would they have been when discharged from those establishments ? What would it have cost the public, in the shape of plunder, to subsist them ? What would the 10,000 children of the convicts in New South Wales have been 172 STATISTICAL ACCOUNT OF THE if in England ? They would have been regularly brought up to thieving and plunder. The de gree of mischief and extent of plunder pre- vented by these persons being sent to, and remaining at New South Wales, is in itself (put ting out of view all other considerations,) of in calculable benefit to the country ; and the sav ing to the public effected thereby is far greater than the whole expence of the establishment of that colony, were it even wholly unproductive. Whereas, in fact, no money has been expended with more advantage to the state in every point' of view. It has, I think, been fully shewn. that New South Wales, as a penal settlement, has,' been eminently successful, and completely answered every object of effective punishment and effec tive reform, at a very reduced scale of expence, that could have been reasonably expected ; most certainly in a far greater degree than any other penal establishment, whether hulks or penitentiaries adopted in England : and withal a most valuable colony has been created, has rapidly risen to comparative wealth and pros perity, and possesses means and resources capable of making, it one of the most valuable dependencies in the possession of the crown, as will be shewn in another letter which I shall address to you, Sir, especially on that subject. SETTLEMENTS IN AUSTRALASIA. 173 In the meantime I beg to offer a few observa tions on the proposed project of making Nor folk Island a penal settlement, or " Penitentiary on a great scale," Mr. Bigge, in his Report on the Colony of New South Wales, states that, in consequence of the very considerable numbers transported in the years 1818, 1819, and 1820, the convicts had become more numerous in the. colony than at that time, 1820, there was profitable employ ment for ; for after supplying all the demands of the settlers for labourers, and of the govern ment works, there were then no less than four thousand male convicts at the disposal of the government, for whom employment was to be procured. He therefore recommends, in the first instance, that every facility and encourage ment shall be given to the emigration of settlers from England, to the breeding and improve ment of Merino sheep and fine wool, and to the extension of agriculture in the colony ; most justly observing, that it is the truest interest of the mother country to promote, by every pos sible means, the increase of settlers and the ex tension of agriculture ; as it was by such means only that employment and subsistence could be found for the convicts, and the government relieved from expence. And, in the next place, •he recommends that three new settlements 174 STATISTICAL ACCOUNT OF THE should be formed at Moreton Bay, Port Bowen, and Port Curteis, on the coast to the north of Port Jackson, where all the convicts not em ployed at the principal settlements of Port Jackson and Van Diemen's Land should be sent, as well as all convicts of idle, refractory, or other bad conduct and habits, there to be employed in the clearing and cultivation of land, in cutting and preparing wood, preparing and reducing bark, and in the cultivation of flax and tobacco, all for sale on account of the government. From some circumstances which have not been made public, his majesty's go- vernment are, it appears, of opinion, that it is either not prudent or impracticable to establish the settlements recommended by Mr. Bigge^ but Norfolk Island has been selected as a. place well ealeulated for all the purposes of a penal settlement, a " Penitentiary on a great scale," for the now unemployed convicts at New South Wales, and such as may be hereafter sent out. Who it was recommended Norfolk Island for such a purpose I know not ; but I conceive there is not another place in the entire colony of New South Wales so wholly unfit for~a penal settlement as Norfolk Island. The clinaate of Norfolk Island is wartn} yet good and healthy. The soil is rich and fruitful, and will grow sugar-fiane, coffee., cotton, maizej, SETTLEMENTS IN AUSTRALASIA. 17$ and garden vegetables ; wheat cannot be de pended on as a regular crop, and the island is subject to droughts and blight. It was origin ally settled at the same time with Port Jackson, but in consequence of the entire want of a har bour, even for boats, and the consequent diffi culty of communication, as well as the increas ing infertility of the soil from its exposure, by cutting down the trees, to the winds from the sea, it was found necessary, after being settled for twenty-five years, to abandon it altogether, and the settlers were removed to Van Diemen's. Land a^ a considerable expence to the govern-* ment. Norfolk Island is situate about 1200 niiles from Port Jackson ; it contains between ten and eleven thqusand acres of land, and there is not one spot on the island where even a boat can land with safety. It must be obvious that, from these two circumstances alone, it is entirely unfit for the employment of convicts upon an extended scale. In the first place, supposing every acre in the island to he capable of culti vation, which it is not, there would not be em ployment for more than between seven and eight hundred men. Agricultural labour, is the only sort that can be carried on; (for I cannot suppose that there can be any intention ¦of establishing a great manufactory to be con- 176 STATISTICAL ACCOUNT OF THE ducted by convicts on a solitary island in the midst of the Pacific Ocean, where there exists neither machinery, materials, or demand for manufactures,) five to seven hundred men may be employed therein ; if a greater number be employed it cannot be at hard labour ; that number cannot possibly consume the produce, it must therefore be exported, a circumstance not to be easily performed for want of a har* bour or shipping-place of any kind. Norfolk Island, in order to be any thing like a penal settlement or penitentiary, ought to have no greater number of prisoners there than can be employed at continual hard labour ; the produce of the land would be far more than sufficient to supply food for the labourers ; the surplus would have to be consumed elsewhere, to be exported, and this cannot be effected for want of a harbour; so that even to the extent to which it may be possible to find employment for labour, it cannot answer by reason of the difficulty of converting the produce of that labour to any useful purpose. The first requisite in a penal settlement, should be the means of continual and increasing employment at hard labour : and the second, a facility of bringing the produce of such labour into profitable, or at least some degree of useful consumption, nei ther of which can be effected at Norfolk Island. If three or four thousand convicts are to be SETTLEMENTS IN AUSTRALASIA. 177 placed on Norfolk Island, what will be the con sequence ? They may be found in partial em ployment the first year in clearing the land, and in erecting huts and buildings ; but when tha* is done, there will not be employment for one fourth the number, supposing the whole Island to be cultivated as a garden : and the result must be universal idleness with all its unavoid able evils. In short Norfolk Island, from its ex tremely confined limits, its entire want of any labour, its solitary situation, and too great dis tance from the principal settlements, is the least fit of any part of the territory of New South Wales, for a penal settlement, and if attempted to be carried on there on any scale, (except one so extremely limited, as not to be worth attempt ing,) I hesitate not to assert, that it will, and, from the peculiar circumstances of the island, must assuredly fail. t The plan suggested by Mr. Bigge is in prin ciple the true one for employment, and conse quently the punishment and reformation of cri minal offenders. The convicts in New South Wales should be considered as being, what they really are, a great body of labourers at the dis posal of the government ; and the great object, so to employ them as to make the employment penal and reformatory to them, and as useful and unexpensive as possible to the state. The VOL. II. N 178 STATISTICAL ACCOUNT OF THE assignment of the convicts to the settlers, to be employed in agricultural and domestic labour, effects those purposes with the greatest advan tage. The convict assigned to the settler, is compelled to continual labour ; he is out of the way of evil example ; he cannot indulge in habits of idleness, dissipation, or theft; he gra dually acquires habits of industry and sobriety ; his labour is turned to profitable account ; and the government is entirely relieved from the expence of his subsistence. The first object of the government therefore, should be to promote the emigration of settlers to the colony ; and to give every possible encouragement to its produce. From this view of the case it is obvious, that the opinion, which in some degree prevails, that the growth of New South Wales as a colony, renders it so far unfit for a penal settlement, is entirely erroneous, for the reverse is the truth ; the more the colony increases in free population and wealth, the more employment there will be for the convicts, and that kind of employment which will be both penal and reformatory to them, unexpensive to the state, as it will provide them ; with subsistence, and valuable to the em ployers ; whereas, if you have not settlers to employ the convicts, they must be congregated in large gangs, and employed on immense SETTLEMENTS IN AUSTRALASIA. 179 government farms, where they cannot be sub ject either to the vigilant superintendence or strict controul of a private master ; and where habits of idleness and vice must prevail from the very circumstances of their situation. In the present state of New South Wales, all the convicts cannot be distributed to settlers, and there is therefore a considerable number still at the disposal of the government ; in 1820 that number exceeded four thousand labourers ; at this time 1823, it exceeds probably ten thousand. The consideration is how or where to employ them ; Mr. Bigge recommends the formation of three new settlements, the convicts to be em ployed in cutting and preparing timber and bark, and raising flax and tobacco, on the government account for sale. To this plan of employment there are some obvious objections. As to timber,when procured, the quality is such, and the expense of freight so great, as to make it not worth carriage to any market in time of peace. The cultivation of flax and tobacco requires no ordinary industry, accuracy, and at tention ; these cannot be expected from compul sory labour, particularly of the character here to be employed ; and I fancy immense government farms of such a nature, would be found most expensive and unprofitable. The formation of an establishment at Norfolk Island, for the pur- N 2 180 STATISTICAL ACCOUNT OF THE pose of employing the disposable convicts at Port Jackson, is absolutely impossible, to any extent, and some other mode of employment must be devised. Now there is a mode of em ploying the convicts to great advantage, which is not open to these objections, and that is, in clearing and preparing farms for emigrants. The operation of cutting down the trees, and burning them, which is called clearing, is of the simplest nature ; the work is- easily and soon learnt, it is capable of being measured and tasked, it can be accommodated to the strength of each individual labourer, and there is no com plexity in it ; the eye as well as the ear of the overseer, will soon direct him to the person who may be idle or indolent ; it is a healthy occupa tion, and may be made more or less severe, as circumstances may require ; and the expense of implements is trifling, being merely for axes and saws In short it is of all descriptions of labour, the best calculated for penal labour, because it can be made more or less severe, is open to rigid inspection and superintendence, is of a nature to induce industrious habits, and become useful to the convict when he becomes free, and is moreover useful and valuable in itself. The colony of New South Wales contains, in its wide extent, many sections of country, where all the convicts that can now, or hereafter be SETTLEMENTS IN AUSTRALASIA, 181 spared, may be employed to very great advan tage, in clearing and preparing farms for emi grants. If it should not be deemed prudent to form settlements at Moreton Bay, Port Bowen, or Port Curteis, there is more than a sufficient quantity of good rich valuable land, within that section of the colony which has been explored, between Jervis Bay, and Port Macquarie, to give employment to ten times a greater number of convicts, than it is to be hoped, will ever be at the disposal of the government. The exten sion of the settlements already formed at Port Hunter, and Port Macquarie, will require no additional expense for new establishments, it will be merely the transfer of the convicts from one part of the settlement to another, with little, if any additional expense in , the first instance, and with the certainty of great benefit and ad vantage. Instead of employing the convicts in the cultivation of immense government farms, attended with great expense, and at best, of doubtful advantage, they should be employed in clearing the land, and preparing it for settlers.. The land so cleared, should either be sold to settlers at a reasonable rate, but always such as to cover the expense of clearing it, or granted out in small farms to poor emigrants from England, at a reserved rent. From a consider ation of the present state of the labouring popu lation of England, of pauperism, and poor's rate, 182 STATISTICAL ACCOUNT OF THE I conceive a system of pauper emigration to New South Wales, might be effected to such an extent, and upon such a plan, as would be of the greatest possible advantage to this country ; for the Colony possesses such means, in an abundance of rich land, and labour to put that land into a state fit for the reception of poor emigrants, as would make it capable of receiv ing and subsisting all the surplus labouring population of England, not only without any additional expense, but with a very great saving of expense and advantage to the country. This plan I shall beg leave to submit at large in a future letter, which I mean to address to you, Sir, par ticularly on that subject, and in the meantime I shall beg leave to suggest a plan for the emi gration of men, of small and middling fortunes to New South Wales. SETTLEMENTS IN AUSTRALASIA. 183 SECOND LETTER. Sir, In my former letter I stated that I meant to suggest a plan for the emigration of men of small fortune to New South AArales. In that letter I think I have shewn the best possible mode of employing the convicts to be in agri- - cultural labour, assigning them to the settlers for that purpose ; and as there is not a sufficient number of settlers at present in the colony to employ all the convicts, that it is the true in terest of the counlry to afford all possible facili ties and encouragement to emigration thereto. As emigrants increase and prosper, and capital is invested in New South Wales, so will employ ment be created for the convicts, so will New South Wales become a better school of correc tion and reform, and so will the government be relieved from the expense of subsisting the convicts. Thus, in every point of view, will the .encouragement to emigration be found bene ficial in the highest degree, and it seems to be both the duty and interest of the British govern ment to encourage it to that colony, at least to the extent of creating employment for all the convicts. Indeed, it may be assumed as a maxim, that, in proportion as convicts are sent out, so also should persons be encouraged to emigrate and settle there. It is a fine country, abounding with rich land, a most fruitful soil, and great command of labour. The climate is 184 STATISTICAL ACCOUNT OF THE fine and healthy, and the productions of the colony, fine wool, tobacco, &c. are valuable; sothat every industrious man emigrating thither, will most assuredly much better his condition. The plan and degree of encouragement to emigration at present afforded, however judi cious when first adopted, seems, from the mere lapse of time and change of circumstances, to require alteration. By the present system the emigrant must possess at least 500/., or the government will not sanction his going out, or grant him any land on his arrival.. The emi grant possessing. 500/. will, on his arrival, re ceive a grant of five hundred acres of land in perpetuity, and if he possess greater propertyj he will receive more land in proportion, up to two thousand acres. Now, in the first place, the minimum of property required in the emigrant is fixed far too high, for a capital considerably | less than 500/. will enable a man to become a ! settler in New South Wales ; and why not re duce it to the lowest amount that will answer. It is obvious, that by fixing the capital required so high, persons of less property are prevented from emigrating, whereas in truth, the government f should encourage men of small capital, of about j 200/. in preference to all others, for such men will settle on their farms, follow agricultural pursuits, and .employ most convicts in propor tion to their capital ; and certainly the govern- SETTLEMENTS IN AUSTRALASIA. 185 ment should give the greatest encouragement to the description of settlers that employ most convicts, to the man who invests his property in tillage agriculture. The advantage of encou raging tillage agriculturists will appear from this circumstance : — a settler possessing 200/. capital, living on and cultivating his farm, will employ and subsist four crown labourers, or convicts, making a saving to the government of 561. per annum, the expense of subsisting those convicts. Another settler possessing 2,000/. capital, and investing it in grazing agriculture, that is, in horned cattle and sheep, will not employ, if in horned cattle, more than four men ; and if in sheep, than seven men. How much greater therefore is the advantage to the government of that description of settler which I call the tillage settler than the grazing settler. It is therefore the man of small property who cannot engage in grazing, who must and will live on and cultivate his farm, and who will employ most convicts, that should be encouraged by the government in preference to all others. The great advantages which will be derived from the settlement of tillage settlers in New South Wales, both in reference to its primary object as a penal settlement,as well as to its value as a colony in the growth ; on the one hand, of valuable produce for the British market, and in its consumption on the other, of British manu- 186 STATISTICAL ACCOUNT OF THE factures, are such as to more than compensate for a very considerable degree of expence in promoting emigration ; and if no direct com pensation or return could be made by the emi grants, yet money so expended would be most usefully and profitably expended ; but, as will be seen, the whole expence can be repaid, and more than repaid by the emigrants, with in terest ; in fact it will be merely a loan. As no man can expect to be selected out from his fellow-citizens, and have considerable advan tages conferred upon him gratuitously, however beneficial it may prove to the country, I con ceive that all the expence incurred in the esta blishment of the emigrant at New South Wales should be repaid by him, as he may be able to do so ; and upon that principle I have con structed the following estimates. The great obstacle to the emigration of per sons of small fortune to New South Wales, sup posing the minimum of property required be reduced, is the great distance and consequent expense of the passage out. A steerage pas sage cannot be obtained in the trading vessels under 35/. for adults, and 20/. for children, a sum far too great for a small fortune, particu larly when there are children. A man, wife, and two children, cannot go out at a less ex pense for passage than 110/. ; whereas, if several families united, they could be taken out with SETTLEMENTS IN AUSTRALASIA. 1S7 better accommodations than the trading vessels afford, for the sum of 80/. per family. The plan I most respectfully, and with all deference submit, Sir, is as follows : That a certain portion of the convict labourers in New South Wales, now at the dis posal of the government, shall be employed in clearing and fencing farms, and erecting houses on them, for the reception of settlers. That emigrants shall be conveyed to New South Wales in vessels taken up by the govern ment, and supplied with rations on the passage. That the emigrants shall, upon their arrival in the colony, be immediately put in possession of the farms provided for them, and receive such supplies from the government as will enable them to proceed in the cultivation of their farms. That the actual cost of the whole, viz. the clearing, fencing, and buildings on the farms, the passage out, and supplies in the colony, shall be repaid by the settler to the government, with interest, by annual instalments, to com mence as soon as the settler's farm shall be in such a productive state as to enable him to do so. An emigrant possessing 500/. will require no assistance from the government, unless he has a 188 STATISTICAL ACCOUNT OF THE large family, but emigrants of less capital will. I have made out estimates for three classes of emigrants— rthose possessing 50/., those possess ing 100/., and those possessing 200/. ; and it will be seen that the expense will, in the first instance, not be great; that it will at no dis tant period be repaid ; and that the advantages and savings resulting to the country will be very considerable. In the following estimates and computations I have been extremely particular and minute, in order to shew what amount of capital will be necessary to establish emigrants at New South Wales, as well as the means in labour, and other expences required to prepare farms. From personal experience I know the means iri the colony, the rate of labour performed, and the materials, &c. necessary for erecting houses and clearing land ; and I have been careful to ascertain the prices of the various articles to be procured here. The scale of labour is that which has been always hitherto performed by the convicts employed in the government works and by the settlers ; the expense of freight and passage out is the result of personal experience, as well as the prices of all the other articles required. And I am persuaded, if any or all of them, or the like plans, be adopted, the la bour and expence will be found but a very small matter, either under or over the estimates. SETTLEMENTS IN AUSTRALASIA. 189 CLASS I. Estimate of the expense of conveying and establishing, as settlers at New South Wales, one thousand families, supposing each family to consist of man, wife, and two^ children, each emigrant to possess a capital of 50/. The government to give the emigrant and his family a passage to New South Wales ; on his arrival a farm of 60 acres, with a house erected thereon, (24 feet long, 12 feet wide, and 8 feet high, weather-boarded and shingled), one acre of land cleared and fenced, with a pale fence for a garden ; 7! acres more cleared, and half the farm fenced with a three rail fence ; also one convict labourer, victualled and clothed by the government for a year. The emigrant to deposit with the govern ment in England his capital of 50/., for which he shall receive in the colony, when on his farm, the first year the value, at prime cost English prices, in the specified supplies of pro visions, clothing, implements of husbandry, seed, and live stock. The settler to be charged by the government with the cost of passage, farm, and crown or convict servant, to be repaid with interest at four per cent, by instalments of 20/. per year, commencing the second year of his settlemen t 190 STATISTICAL ACCOUNT OF THE I suppose such an emigrant will have suffi cient furniture and clothing, without breaking in on his capital, for use on the voyage, and bedding, cooking utensils, earthenware, &c. for use in the colony ; he will want and can procure in the colony chairs, tables, bedsteads, &c. In the estimates the labour is calculated ac cording to the quantities performed by the convict labourers for the government and settlers. All materials and implements necessary to be procured in England are estimated at the whole sale prices there. Scale of Labour. Falling trees . . 1 man. 1 acre. 40 perches, per week Burning off ditto . 1 ditto . . 80 ditto per ditto Hoeing and breaking >ld d up new land . > v Ditto tillage or stubble, 1 ditto 1 ditto . . per ditto Planting maiz^wheat^ j dHto a ^ _ _ ^ ^ ^^ll.&c?1' ^l ditto 1 ditto 80 ditto per ditto FenSibance°Pe13ditto • 30ditto P- di«o Sawing . . .2 ditto 750 feet ditto Splitting shingles . 3 ditto, 4000 shingles ditto Ditto pales, 5 feet long 3 ditto, 1500 pales ditto Making and burning} . .... ____ , . , ,.., bricks (4 ditto 9000 bricks ditto Framing, roofing, \ shingling, weather £ 2 ditto, 12 sq. ditto boarding . . y Laying bricks . . 2 ditto, 4000bric ks, ditto. SETTLEMENTS IN AUSTRALASIA. 191 Materials and labour required for each farm and house. Farm — Materials, viz. 5000 nails, or 201b. Labour. Falling and burning off8£ acres Fencing rail, 280 perches Ditto pale, 50 ditto Splitting pales, 2500 House — Materials, viz. Boards and scantlings, 3000 feet Shingles, 4000 ditto Bricks, 2000 Nails of sorts, 501b., or 10,000 Hinges 8 pair, Locks 2 ditto Labour. Framing and roofing 12 square, weather boarding and shingling 12 square All the wood procured on the spot, and there sawn and worked up. The bricks to be made on the spot also; the nails, locks, and hinges, to be bought in England. Labour to be performed, and number of convicts required to per form it in a year, viz. Falling and burning, 8,500 acres - - 458 men Fencing, 320,000 perches - - - 615 Sawing, 3,000,000 feet ... 344 Shingle splitting, 4,000,00.0 shingles - - 60 Brick making, 2,000,000 ... 16 Framing, roofing, weather-boarding, and shin gling, &c. 25,000 square ... 80 Bricklaying 2,000,000 bricks ... 30 Superintendent's servants - - - 24 1427 labourers. Overseers, one for every 25 men - • - 56 One principal, and 5 deputy superintendents - 6 192 STATISTICAL ACCOUNT OF THE Expense of Rations and Clothing, and Superintendence. 1483 Rations, viz. (at colony prices,) weekly. 9 lbs. flour, at 2d. - 1 6 7)bs. salt beef, at 4£d. or 5 lbs. salt pork, at 6d. 2 6 J lb. sugar, at 4d. - - 0 2 per -week - 4 2 52 weeks £11 15 8 Clothing and Slops (English prices.) 1 cloth jacket ... 1 do. trowsers ... 7 5 6 0 2 duck do. - - 5 0 1 do. frock 3 0 3 cotton shirts ... 7 6 2 pair shoes - - - - 12 0 1 hat or cap - - - 1 blanket, 4s. 1 rug, 4s. 1 mattress - - - 2 8 5 6 0 0 2 eotton handkerchiefs 2 0 £2 17 6 Sundries, soap, oil, &c. - 0 5 10 £14 0 0 56 overseers, salary 101. each - "*- - 560 0 0 1 principal superintendent, salary at 2001., and horse - 220 0 0 5 deputy ditto, salary 1001, rations, &c. 401. - - 700 0 0 Implements necessary for thelabourers (to be bought in England.) Axes — Falling, 600, splitting, 300, carpen ters, 300, adzes, 300, at 3s. -- 225 0 0 ;Saws— Pitt, 100 at 20s. cross-cut, 200 at 20s. hand, 400 at 4s. sundries, 900 at 3s. 6d. 515 0 O Hammers — Claw, 50 doz. and shingle, 10 doz. at 15s. - - 45 0 0 Augurs — 100 doz. of sizes, at 15s. gimblets, 100 doz. at 5s. - - - 100 0 0 Plane irons, 300 doz. at 10s. rules and square, 400, at Is. 35 O 0 £22,242 0 0 SETTLEMENTS IN AUSTRALASIA. 193 Spades and shovels, 80 at 3s. hods, 20 at 5s. trowels, 20 at 2s. 6d. - - 19 10 0 Iron wedges, 3 ton - - - 65 0 0 Materials to be bought in England. Nails, 150,000 M. or 70,000 lb. at 6d. - 1,750 0 0 Hinges, 8,000 pair, or 4,000 lbs. at 4Jd. - 75 0 . 0 Locks, 2,000, at Is. 9d. - - - 175 0 0 1,004 10 0 2,000 0 0 Total expence of 1,000 farms - £25,246 10 0 Equal to 251. each farm - — — As the convicts must be subsisted and superintended by the government, whether employed or not, it is obvious the real expense to the government of establishing these farms would not be more than 3,0001., and not even that, as implements must be found for the convicts, at whatever labour they may be employed. Estimate of the Expense of conveying One Thousand- Families to New South Wales. A ship of 300 tons burden will accommodate thirty families, allowing each family a cabin six feet square, and the voyage will be performed, from departute to arrival, in twenty weeks, allowing a week each for embarking and disembarking. The tonnage required will be, for water 75 tons, pro visions 35 tons, private tonnage, 1 ton for fcach family, 35 tons, provisions, implements, &c for use in the colony, 55 tons, total 200 tons. Freight, for every 30 families, 300 .. tons, at 51. per ton - 1,500 0 0 Water casks, 75 top, at 40s. . 150 0 0 Fitting up cabins, 30, at 60s. 100'' 0 0 Cabouse,&c. - - - 50 0 O ¦ £1,800 0 0 Provisions at the following weekly ration for each family: 71b. pork, 71b. beef, 2Hb. bread, 41b. flouv 31b. rice, 2 quarts pease, ,4 quarts oatmeal;^ 41b. sugar, jib. tea, lib. suet, lib. raisins, 2 oz. mustard, 1 oz. pepper, 1 pint vinegar, ^pint lime juice, 1 quart rum. djfe VOL. II. O V* 194 STATISTICAL ACCOUNT OF THE Pork, 20 barrels Beef, 20 do. Bread, r, tons Flour, 12 barrels Rice, 18 cwt. Pea?e, 40 bushels Oatmeal, 40 cwt. Sugar, 24 cwt. "" Tea, T501hs. Suet, 6 cwt. Raisins, 6 cwt. Mustard, 80lb. Pepper, 401b. LiSie juice, 75 gallons Vinegar, 75 do. Rum, 150 do. Account brought over - 1,800 at 75s. at 75s. at 181. at 35s. at 15s. af 7s. at 12s. at 30s. at 2s. 6d. at 50s. at 40s. at 6d. at 6d. - at Is. 6d. at 2s. at Is. 6d. 0 -0 Hospital Stores. 1 pipe wine 1001b. portable soup 1001b. Scotch barley 1 cwt. sago 101b. pimento A medicine chest Fumigating stores 5 Hospital beds and bedding utensils Sundries Surgeon's pay, and aljowarjces 30 families . - 1 ,000 families, at ,801. each at 251. at 2s. at 3d. at 40s. at 9d. 101. 1 31. at 30s. 40s. 439 12 6 CO 100 £2,-400 0 80.000 0 0 Estimate of Supplies the Settlers will require the first year on their Farms. Each family. — Provisions, &c. 3 barrels pork, at 75s. 11 5 0 2 ditto, flour, at 30s. 3 0 0 16 bushels wheat, at 8s. ^g . 3 cwt, sugar, at 35s. 6 8 0 - 5 5 0 281b. tea, at 2s. 6d. 3 10 0 Sundries, pepper, mustard, &c. , 0 12 0 30 •10 U SETTLEMENTS IN AUSTRALASIA. 19 5 Account brought over . 30 0 0 Clothing. 1 suit men's slops, as before, at 42s. 2 2 0 1 ditto, women's . . 1116 2 ditto, children's . - 2 16 5 15 0 Furniture, viz. 2 bedsteads, at 15s. . 1 10 0 6 chairs, at 5s. 2 tables at 10s. and 15. 2 15 0 Sundries - . 0 15 0 0 0 Implements, Agricultural, &c. 1 cross-cut saw, at 15s., 1 hand-saw, at 3s. 6d. - - 0 18 6 3 hoes, at 2s., 1 spade, al 2s. 6d. 1 shovel, at 2s. 6d. - - - 0 13 0 2 axes, at 2s. Cd., 1 adze at 2s. 6d., 1 hammer, at Is. - 0 8 6 2 augers, at Is., 6 gimlets, at 3d., 1 draw ing knife, at Is. 6d. 0.5 0 1 pick axe, at 3s. 6d.,2 sickles, at Is. 3d., 1 rake, and 1 fork, at Is. each 0 8 0 1 flour sieve, at 5s., 1 steel mill, for three famines, at 60s. - 15 0 1000 nails of sorts, 71b. at 6d. - 0 3 6 .£ — 4 0 0 Seed, viz. For 4 acre of potatoes, 2 cwt. at 5s. 0 10 0 7£ acres of Maize, 2 bushels, at 4s. 0 8 0 7£ wheat, 15 ditto, at 8s. GOO Garden Seeds - '*' - - 0 2 0 7 0 0 Live stock. 1 sow pig, at 30s., 4 store pigs, at 20s. fowls, 15s. - - 6 5 0 Per family ... 58 0 0 1000 settlers - - - £58,001 19 6 O 2 196 STATISTICAL ACCOUNT OF THE Account brought over . 58,001 19 6 Total expense of these emigrants Preparing farms - 25,242 0 0 Passage out - - 80,000 0 0 Supplies in the colony - - 58,00119 6 163,243 19 6 Deduct paid in advance by the emigrants 50,000 0 0 Balance, being the entire expense £113,243 19 6 The settlers individual accounts with the government, will stand thus: Dr. £. s. d. Tp expense clearing and preparing farms - 25 0 0 Ditto passage out - 80 0 0 Ditto supplies in the colony 58 0 0 Ration and clothing, con- vict servant, one year 14 0 0 177 0 C cv. £. s. d. By deposit made pre vious to departure 50 0 0 Balance due of the settlers to be paid by instal ments of ^01. per year 127 0 0 177 0 0 Computation and estimate of the period of time in which a settler of this description, can bring his land into a state of productive cultivation. I suppose the settler to be put in possession of his farm, as before desribed, in the month of June, and to have one government labourer assigned to hi m : and that he and his labourer will perform the usual quantity of labour. The general crops are maize, or Indian corn, planted from September to December, ripe in April and May ; wheat planted, March to May, reaped in December. Barley and Rye, same period. The produce on new land maize, 30, wheat 20, barley and rye, 25 bushels per acre; on stubble or til lage land, maize 25, wheat 16, barley and rye, 20 bushels the acre. The labour performed with the hoe. The first column shews the season, the second the quantity and kind of labour, the third the number of days in which two men will perform it. When the farm is in full cultivation, the fourth year there will be, 7| acres each of maize and wheat on fallow, and of barley and rye on stubble, 15 acres fallow, and 15 acres not cleared, for future use. SETTLEMENTS IN AUSTRALASIA. 197 FIRST YEAR. Day's Labour Month. 2 Men. July— Hoeing and planting J an acre of potatoes 6 Falling trees on 7 J acres, 2d field - 18 Aug. i Hoeing 7$ acres new land Sept. \ for maize - 45 Hoeing potatoes twice 2 Ditto | acre garden 3 Oct. — Planting 7£ acres maize 8 Fencing 40 perch, 2d field 12 Oct > Burning off 7£ acres 2d Nov. J field Dec. — Hoeing maize, twice 12 Jan. — Hoeing and planting | acre potatoes, and garden 0 Hoeing maize - 6 Jan. > Hoeing, 2d field, 7£ acres Feb. S for wheat - 45 Mar Planting ditto ¦ 8 Mar. ) Falling trees, 3d field, 7 J Apr. J acres - IS Al > Harvesting, 7£ acres maize 3 Tr* \ Fencing, 3d field 30 perch. 12 May — Burning off, 3d field, 7$ acres - 45 June — Garden - 6 SECOND YEAR, continued. Day's Labour Month. 2 Men. Apr. — Hoeing 2d field, 7i acres wheat stubble for barley 15 Planting ditto . 6 Harvesting 74 acres maize 6 May— Falling fifth field. 7£ acres 1 a Threshing . 6 June — Burning off part of 5th field, 4 acres . 24 Total day's labour this year 305 Total day's labour this year 300 SECOND YEAR. July — Falling trees, 4th field, 6^ acres Fencing ditto, 30 perches Aug.— Hoeing 3d field, 1\ acres for maize Sept. — Planting ditto Oct.— Buiaing off 4th field, 6£ acres Nov. — Hoeing maize Nov. — Harvesting 1\ acres of wheat and reaping Hoeing Maize ^.|JSins : Hoeing maize . . . Jan. > Hoeing 4th field, 6J acres Feb. $ for wheat, new land Hoeing 1st field, 1\ acres, maize stubble for rye Mai'. — Planting wheat and rye THIRD YEAR. July — Garden . 6 Burning off remainder of ,% 5th field, 3f acres 21 M Aug. — Hoeing up 5th field, 7i acres 45 Sept. — Planting ditto with maize 6 Oct — Fencing 5th field, 70 perches21 Hoeing maize . 3 Nov. — Reaping and harvesting 7J acres rye, and 7 £ acres Bailey . 24 Dec. — Reaping and harvesting wheat, 6j acres 15 Hoeing maize . 3 Threshing . 6 Jan.— Garden . 3 Falling 6th field, 7| acres 18 Hoeing maize . 3 Feb Hoeing 3d field, 7 J maize stubble for wheat 18 Mar. — Hoeing 6 \ acres wheat stub • ble, 4th field for barley 15 Planting wheat and barley, 3d and 4th fields 12 Threshing . 6 Apr. — Harvesting maize, 7£ acres 6 Threshing . 12 May— Burning off 6th field, 1\ acres ^ 40 June — Fencing 6th field,70"perches 21 Total day's labour this year 307 40|FOURTH AND EVERY FUTURE YEAR. 15 July — Garden . 3 12 Threshing , 12 198 STATISTICAL ACCOUNT OF THE FOURTH YEAR, continued. Day's Labour Month. 2 Men. Aug. } Hoeing 6th field, li acres, Sept. 5 new land for maize 40 Planting ditto . 6 Oct. — Hoeing maize . 3 Nov. — Reaping and harvesting 7£ acres rye . 12 Ditto ditto 7| barley 12 Hoeing maize . 3 Dec. — Reaping and harvesting 7| acres wheat . 15 Hoeing maize . 3 Threshing ..; 6 Jan. — Garden . 3 Hoeing maize .'".-. 3 FOURTH YEAR, continued. Day's Labour Month. 2 Men. Jan. — Hoeing 7£ acres maize stub ble for barley . 18 Feb. — Hoeing 7£ acres fallow for wheat . 18 Planting 7| acres barley 6 Mar. — Planting wheat . 6 Hoeing 7| acres stubble for rye . 18 Apr.—Planting ditto . 6' Harvesting 7£ acres maize 6 Falling, fencing, burn ing, &c. &c. . 64 Total Estimate of the Expences and Produce of these Farms. FIRST YEAR Expenses. The settler being supplied with every necessary the first year by the government, will be at no farther expense. Produce. Bushels. Maize, 7J acres new land, at 30 bushels - 225 Consumed on farm. Bread - 20 Pigs - - 60 Poultry and sun dries - 20 100 For sale, at 3s. 125 £18 15 0 Balance carried to next year. SECOND YEAR. Expenditure, viz. Seed.— Barley, 15 'bushels, at 4s. Rye, 15 do. at 4s. 6 0 0 Implements - 3 0 0 Labourer's cloth ing - - 3 0 0 Clothing for fa mily - 10 0 0 Tea, sugar, soap, &c.&c. - 11 0 0 Salt, sundries 2 0 0 ^ £35 Balance, excess of produce above expenses 18 Produce. Bushels Wheat, 7£ acres new land, at 20 bushels 150 Consumed on farm. Bread 25 Seed — -' 15 40 For sale, at 7s. 110 Maize, 7£ acres new land | Consumed on farm. 0 0 Bread 25 Seed - 2 10 0 Pigs - 80 .j Poultry 10 ;Sundries 8 -£38 10 0 235 £53 10 0 125 For sale, at 3s. 100 — - 15 0 0 £.53 10 0 SETTLEMENTS IN AUSTRALASIA. 199 THIRD YEAR. Expenses : same as last year. Seed . 61. 29 0 0 Add, say one-third more - 11 0 0 40 0 0 Balance, excess of produce over expences - 55 15 0 £95 15 0 Produee. Bushels. Wheat, G£ acres new land - - 130 Consumed on farm, same as last year - 40 For sale, at 7s. - 90 31 10 0 Barley and rye, 15 acres - 300 Consumed on farm - 40 For sale, at 3s. 6d. 260 45 10 0 Maize, 7£ aeres new land - - 225 Consumed on farm - 100 For sale, at 3s. 125 18 15 0 £95 15 0 FOURTH AND EVERY FUTURE YEAR. Expences, same as last year - - 40 0 0 One additional crown ser vant - - 5 0 0 Balance, produce exceeds expences - - 41 15 0 £86 15 0 Produce. Bushels. Wheat, 7| acres, at 16 bushels - 120 Consumed on farm - 40 For sale, at 7s. 80 28 0 0 Barley and rye, 15 acres, 20 bushels 300 Consumed on farm For sale, at 3s. 6d. Maize, 7£ acres Consumed on farm For sale, at 3s. - 50 250 43 15 0 200 100 100 15 0 0 £86 15 0 The settler will be able to commence the payment of his annual instal ment of £20 to the government, in discharge of his debt, the second year of his settlement, and the debt will be paid up, with interest,«in eight years, on the ninth year of his settlement ; and he will employ and subsist, the second and third year of his settlement, one crown labourer, and the fourth and every future year, two crown labourers, a saving to the crown of £28 per annum. 200 STATISTICAL ACCOUNT OF THE CLASS II. Estimate of the expense of conveying and establish ing as settlers at New South Wales j 1000 families, supposing each family to consist of man, wife, and two children, each emigrant to possess 100/. capital. The government to give the emigrant, and his family, a passage to New South Wales ; on his arrival a farm of 100 acres, with a house erected thereon> 32 feet long, 16 feet wide, and 12 feet high, weather boarded, shingled, a brick chimney, all the upper rooms, and one ground floor room floored, ten acres cleared and fenced with a three rail fence, and one acre cleared and fenced with pales for a garden ; also one crown labourer, off the stores, that is to be fed and clothed by the settler. The emigrant in the first instance, to deposit with the government 60/., to be repaid to him on his arrival in the colony, the remaining 40/. to be laid out by the emigrant in the purchase, in England, of necessaries. The settler to be charged by the government, with the expense of his passage, and the farm prepared for him, at the rate both actually cost, to be repaid by him, with interest at four per cent, per annum, by instalments of 20l. a year, commencing the second year of his settlement on his farm. SETTLEMENTS IN AUSTRALASIA. 201 I suppose such an emigrant will have sufficient furniture and clothing, without breaking in on his capital, for use on the voyage, and bedding, cook ing utensils, tin, earthenware and glass ware, for use in the colony. He will procure some furniture in the colony, such as chairs, tables, bedsteads, &c. The settler will in the second year of his settle ment, require an additional crown labourer, and will consequently thence forward employ and subsist two crown labourers. Materials and Labour required for each Farm and House. House. Farm. Materials. Labour. Scantling, and boards 6000 feet Falling and burning 11 acres Shingles 6000 Fencing 3 rails and post 160 perch Bricks Nails of sorts, 1061b. or 3000 20,000 50 dittf> Materials. *->\J U1LIU" Hinges . 4, or 8 pair Pales, 6 feet . 3000 Locks 2 ditto Ditto nails 24lb. or 6000 Labour. Framing and roofing 26 squ. Weather boarding, and Shingling 26 ditto 5 Sundries 2 ditto Bricklaying 3000 bricks Labour to be performed, and number of convicts required to perform it in a Year. Falling and burning . 11,000 acres 593 men Fencing . . 210,000 perches 405 Brick making 3,000,000 bricks 26 Sawing 6,000,000 feet 308 Shingles Splitting 6 ,000,000 Shingles 90 1,422 202 STATISTICAL ACCOUNT OF THE Brought over . 1,422 Framing, roofing, shingling, and weather boarding, & sundries 54,000 square . 174 Bricklaying . . 3,000,000 bricks . 30 1626 men Superintendents' servants . . . .32 Overseers . . . .65 One principal, and four deputy Superintendents. 1723 men Expences of Rations and Clothing, and Superintendence. 1723 men, rations and clothing, at 141. each 24,122 0 0 65 overseers, salaries at 101. . . 650 0 0 4 deputy superintendents, salary and rations, at 1401. . . 560 0 0 1 principal ditto, . ditto and ditto 220 0 0 25,552 0 0 Expence of implements to be bought in Eng land, same as in Class I. and hxpropor- tionably greater quantity . . . 1,400 0 0 Expense of materials to be bought in England. Nails, 26,000 M. or 130,0001bs. . at 6d. 3,250 0 0 Hinges . 5,0001bs. . at 4fd; 93 15 0 Locks . 2,000 . at;2s. 6d. 200 0 0 3,543 15 0 Total expence of preparing 1,000'farms . £30,495 15 0 Equal to 301. 10s. each farm. Expence of passage out, same as Class I. . . 80,000 0 0 Total expense of Class II. . £110,495 15 0 The Settlers individual Accounts ivith the Government will stand thus: Farm and house . . 30 10 0 Passage out . . 80 0 0 £110 10 0 To be repaid by instalments of 201. per annum, which will be effected the second, third, fourth, fifth, sixth, seventh, and eighth years of their settle ment. SETTLEMENTS IN AUSTRALASIA. 203 The Emigrant's Capital e/£100 will be laid out as follows, in the pur chase of Supplies for his Family and Farm the first year of his settle ment. Provisions. 4 bis. pork, at 75s. 3 do. flour, at 30s. 20 bushels wheat, at . . 8s. 3 cwt. sugar, 42s. 281b. tea 2s. 6d. 0 0 10 0 0 0 6 0 10 0 Necessaries. 281b. soap . 4d. 0 9 4 1 cwt. salt .6s. 0 6 0 Pepper, mustard,&c. 0 10 0 Thread, needles,&c. 0 8 8 Clothing. Half as much again as Class I. Furniture. 6 chairs, at 5s. 1 table, 20s. 2 bed steads, 20s. sun dries, 10s. Implements same as Class I. Carried forward 37 6 0 14 0 8 10 0 5 0 0 4 0 0 56 10 0 Brought forward 5G 10 0 Seed. For J acre potatoes, 2 cwt. . at 5s. 0 10 0 10 acres maize, 2 bushels . at 5s. 0 10 0 10 acres wheat, 20 bushels, at 8s. 8 0 0 Clothing for labourer Live stock. 2 cows with calf 20 2 sows to breed 3 6 store pigs . . 6 Fowls . 1 93 0 0 0 0 > 0 0 0 0 -— 30 0 0 0 0 0 0 £98 JO 0 Of these the Emigrant will buy in England. Clothing, implements, Pork, flour and necessaries £38 Remainder in the colony. 0 0 This settler's cultivation and produce will be as follows : — Labour and Produce same as Class I. He will employ and subsist one crown labourer the first year, and two the second and every succeeding year. FIRST YEAR. , Expences The first year's expenses are accounted for, under the settler's expenditure eT capital Produce. Maize, 10 acres new Bushels land 300 Consumed on farm. Bread . 15 Pigs ¦ . 80 Poultry and sun dries . 25 120 For sale at 3s. 180 -£27 0 0 204 STATISTICAL ACCOUNT OF THE SECOND YEAR. Expenses Groceries 12 0 0 Clothing for family 10 0 0 Implements, agri cultural 2 00 Two labourer's clothing, &c. 8 0 0 Seed, 20 bushels barley, at 3s. 6d. 3 10 0 Sundries 4 10 0 40 0 0 Balance, excess of produce above expences 29 10 0 £69 10 0 Produce. Bushels. Wheat 10 acres new land . 200 Consumed on Farm. Bread . 50 Seed . 20 . 70 For sale, at 7s. 130 -45 10 0 Maize, 10 acres new land . 300 Consumed on Farm. Pigs . 100 Fowls . 20 Seed 5, Sun dries 15 . 20 For sale, at 3s 140 160 24 0 0 £69 10 0 THIRD YEAR. Expences. Groceries . 12 0 0 Clothing for family 12 0 0 Implements . 3 0 0 ..Labourers, and fenc ing .700 Sundries . 6 0 0 40 0 0 Balance, excess of produce above expences 38 0 0 £78 0 0 Produce. Bushels. Wheat, 10 acres 160 Consumed on Farm 60 100 Barley 10 acres 200 Consumed on Farm. Seed and bread 40 For sale at 3s. 6d. 160 Maize 10 acres 250 Consumed on Farm 150 For sale, at 3s. 100 35 0 0 ¦ 28 0 0 15 0 0 £78 0 0 Every future year will be more productive, and the settler will be able to commence his annual instalments of 201. ; the second year, his debt will be liquidated the eighth year, and he will employ and subsist two crown labourers, a saving to the crown of 281. per annum. SETTLEMENTS IN AUSTRALASIA. 205 CLASS III. Estimate of the expence of conveying and esta blishing as settlers at New South Wales, 1000 fami lies, each family consisting of man, wife, and two children, and each emigrant to possess 200/. capital. The government to provide the emigrant with a passage to New South Wales. On his arrival there, to grant him a farm of 200 acres, with a house erected thereon, 32 feet long, 16 feet wide, 14 feet high, with a linney or skeling along the back, 10 feet wide, and 7 feet high, weather boarded, shingled, and double brick chimney ; 20 acres cleared and fenced with a three rail fence ; one acre cleared and fenced with pales for a garden ; and two crown labourers, subsisted by the crown for a year. The emigrant in the first instance to pay the government in advance the full expence of his pas sage, 80/., and to deposit 60/. more, to be returned to him on his arrival in the colony ; the remaining 60/. to be laid out by the emigrant in England, in the purchase of necessary supplies. The settler to be charged by the government, with the actual cost of the farm, and two crown labourers, to be repaid with 'interest by annual instalments of 50L, commencing the third year of his settlement. 206 STATISTICAL ACCOUNT OF THE Such an emigrant should take out with him, every article he may possess of clothing, bedding, kitchen utensils, tin, earthen, and glass ware, and small arti cles of furniture, he will procure chairs, tables, bed steads, &c, in the colony. This settler will employ and subsist four crown labourers, the second and every future year. Materials and Labour required for each Farm and House, viz. Farm. Labour. Falling and burning , Fencing (3 rail, 166 perches, pales 44)** Splitting 5 feet pales .... Materials. Paling nails . .... House. 21 acres 210 perches 5,000 6,000 or 301bs. Materials. Scantling and boards Shingles Bricks ... Lime .... 9,500 feet 10,000 10,000 100 bushels Nails of sorts, ,170lbs. or 30,000 Hinges .12 Locks 24 pair 5 Labour. Framing and roofing Weather boarding and shingling Flooring Sundries 40 square 40 ditto 15 ditto 3 ditto Bricklaying 2 rods Labour to be performed, and Number of Crown Labourers required to perform it in a year. Falling and burning . . 21,000 acres . 1,131 men. Fencing . . 210,000 perches . . 405 Sawing . . 9,500,000 feet • . 488 Shingles, splitting . . 10>000,000 shingles . 145 2169 SETTLEMENTS IN AUSTRALASIA. 207 Account brought over . 2,169 men. Brick-making . . 10,000,000 bricks . 86 Framing, roofing, shingling, wea ther boarding, &c, . . 98,000 square . 315 Bricklayers and labourers . . 2,000 rod . 190 Superintendent's servants ... 30 Overseers . . . 110 2,900 men. 1 principal and 6 deputy-superintendents. Expence of Subsistence and Superintendence. 2900 men, rations and clothing, at 141. each k40,600 0 0 1 10 overseers, salary at 101. . . 1,100 0 0 6 deputy superintendents, at 1401. . . 840 0 0 1 principal ditto . . . 220 0 0 — — 42,760 0 0 Expence of implements same as Class I., proportionably greater quantity . . . . 1,850. 0- 0 '¥ Materials, viz. Nails . . . 200,0001b. at 6d. 5,000 0. 0 Hinges . . . 12,0001b. at 4id. 225 O 0 Locks . . . 5,000 at 2s. 3d. 562 10 0 Lime procured in the colony .. . 100,000 bushels, at 6d. 2,500 0 0 8,287 10 0 Total expence preparing 1,000 farms and houses . £52,897 10 0 Equal to 531. per farm. Expence of passage out same as Class I. equal to 801. per family advanced by the emigrant. Total expense of Class HI. . • • £52,897 10 0 The Settler's individual Accounts with the Government will stand thus : Farm and house . ¦ ¦ 53 0 0 2 crown servants, one year . . 28 0 0 : • 81 0 0 To be repaid by instalments of 501. the third and fourth years of his settlement. 208 STATISTICAL ACCOUNT OF THE Supplies necessary for the Emigrant the First Year. Provisions, viz. 3 brls. pork', 75s. 5 ditto flour, 30s. 2 cwt,of000/. per annum ; besides the entire stop put by this discouraging system to the future employment of convicts by the settlers. The matter then is re duced to this simple question : — Will the saving in the price of foreign supplies more than meet and cover this increased expence? I have no hesitation in asserting, that no person will, for one moment, pretend to say that it will. .And if it will not, this notable attempt at saving, by reducing the colony produce below a remu nerating price, will end in very considerably in creasing the expences of the colony. In the year 1821 there were upwards of 20,000 con victs in New South Wales ; and the bills drawn in that year by the commissary, for the sub sistence of those convicts, and of the civil, naval SETTLEMENTS IN AUSTRALASIA. 215 and military establishments, at least 2,000 per> sons more, amounted to 207,050/. sterling. How came so many persons to be subsisted at so little expense ? Because the greater part of the convicts were employed and subsisted by the settlers. The prices they received for their produce enabled them to employ and subsist so many. By reducing the prices the government may possibly obtain supplies a little cheaper in detail, and for a short time, but the quantity required will be considerably increased, and so will the aggregate expence. If this system be persevered in, the expence of New South Wales to this country will soon be doubled, emigration thereto entirely stopped, the best means of employing the con victs destroyed, and all the evils of having the convicts congregated in large bodies, and with out employment, will be sure to follow. I again and again repeat, that the best and only possible way of making New South Wales what a penal settlement should be, a school of correction and reform, is by finding agricultural employment for the convicts, and this can be best done by assigning them to settlers ; therefore hot only ought the increase of settlers to be encouraged, but also the colony produce, so as to enable the settler to employ and subsist the convict. The government of New South Wales, instead of 216 statistical account of The grasping at and pluming itself upon every little present and temporary paltry saving of pence or shillings, ought to consider the subject with large and liberal views. An estimate should be made, from a consideration of the capital necessary to carry on agricultural pur suits and the wages of labour, of the fair remu nerating price at which the settler could afford his produce to the government, and that price should be given, even were it considerably higher than the foreign market ; whereas, in fact, it would not be higher ; for I again contend that the colonists can afford their produce at a remunerating price, cheaper and of a better quality than can be imported. The settler should not only get a remunerat ing price for the produce required for the supply of his majesty's magazines in the colony, but a regular system of protection for other colony produce should be adopted both in the colony and in England. The colony revenue is now considerably more than the purposes for which it was established, and to which it is legally applicable, require. A part of the sur plus colony revenue could not be better applied than in bounties for the growth and exportation to England of fine wool, tobacco, flax, linseed, hemp, timber, bark, hides, oil, &c. (these are all bulky articles, the distance they have to be SETTLEMENTS IN AUSTRALASIA. 2l7 conveyed is great, and the freight high, and something ought to be done to lighten that ex- pence.)" The means of employing the convicts, and the saving of expence to the country, would thereby be very considerably increased,. and the colony and colonists benefited. In short, Sir, by every way in which the means and resources of the colony and colonists of New South Wales can be improved, will employment be increased for the convicts, their punishment and reform be the better effected, the expence of their subsistence and superintendence be reduced, and New South Wales, as a penal settlement, be every way improved. 218 STATISTICAL ACCOUNT OF THE THIRD LETTER. Sir, In my former letter on New South Wales, as a penal settlement, I stated that it possessed peculiar advantages, such as to render it the best adapted of any of his majesty's colonies for the reception, employment, and support of that immense mass of pauper population which presses so heavily on the resources and in dustry of the country ; and where every able- bodied labouring pauper in England and his family may be established as an independent freeholder, with eventually no expence to the nation, and with the certainty of gradually, and at no very distant period, finally extinguishing pauperism and poor rates. And I now proceed, Sir, to submit the same to your consideration. At this time it is almost superfluous, after the light that has been thrown on, and the serious evils that have been felt to arise from the state of pauperism and system of relief and assess ment of poor rates in England, to enter at any length into that subject. The committee of parliament, 1817, in their report state, " That the system is perpetually encouraging and in creasing the amount of misery it was designed to alleviate, and at the same time creating an SETTLEMENTS IN AUSTRALASIA. 219 unlimited demand upon funds which it cannot augment. That it produced the very necessity it was created to relieve, as it obviously tended to reduce the wages of labour to the immediate and direct prejudice of the labouring classes ; and that in fact the law of relief, while it pro posed to compel both labour and wages to be provided, in reality effected nothing but a more wasteful application of the diminished capital than would otherwise have taken place, andtended thereby to reduce the wages of free labour. That as a system of relief founded upon com pulsory enactments, it was divested of the cha racter of benevolence, and was without its beneficial effects ; that as it proceeded from no impulse of charity it created no feelings of grati tude, and not unfrequently engendered dispo sitions and habits calculated to separate rather than unite the interests of the higher and the lower orders of the community ; that even the obligations of natural affection were no longer left to their own impulse, but the mutual support of the nearest relatives had been enjoined by a positive law, which the authority of the magis trate was continually required to enforce. That it appeared to have been not only highly preju dicial to the moral habits and consequent hap piness of a great body of people, who had been reduced to the degradation of a dependance upon parochial support, but the whole com- 220 STATISTICAL ACCOUNT OF THE munity, and particularly the most industrious classes, had been oppressed by a weight of contribution taken from those very means which would otherwise have been more beneficially applied to the supply of employment; and that to a degree calculated to perpetuate evils that would otherwise be transient, but which would now permanently derange the whole industry of the country." The parliamentary committee of 1819, having entirely concurred in the views of the com mittee of 1817, further observes, " That if by any human institution the present wants of life are to be obtained otherwise than by human exertion, the very sources of all industry must be destroyed; that it becomes matter of calculation to the labourer, whether the money necessary for his maintenance be derived from the wages of labour, or the alms of the parish. That the motive that would naturally impel men to action and faithful service is wanting ; and that, in fact, the amount of regular labour had been greatly diminished, and its quantity materially impaired." After such an enumeration of the evil effects of the system of compulsory relief, as existing in England, in the creation of immoral habits in the people, the depression of industry, the promotion of idleness, the too great reduction SETTLEMENTS IN AUSTRALASIA. 221 of the fair wages of labour, and the increase of the very mischiefs, pauperism and misery, it was intended to alleviate and prevent ; it is not to be wondered that both committees " felt it their imperious duty to state to the house their opinion, that unless some efficacious check be interposed, there is every reason to think that the amount of assessment will continue, as it has done, on the whole to increase, till at a period more or less remote it shall have absorbed the profits of the property on which the rate may have been assessed, producing thereby the neglect and ruin of the land, the waste or re moval of other property, and the permanent de rangement of the whole industry of the country, to the utter subversion of that happy order of society so long upheld in these kingdoms." The increase of pauperism and poor's rate has been very great and remarkable during the last half century, the sums expended in the relief of the poor having increased from 1,521,732/. in the year I776 to 7,890,148/. in the year 1817-18. And although in consequence of plentiful harvests, cheap provisions, and general improvement in the condition of the labouring classes throughout the country, the expenditure has been decreasing from 1817-18 to 1821-22, when it amounted only to 6,358,703/. ; yet, taking triennial averages of the amount of rate 222 STATISTICAL ACCOUNT OF THE and price of wheat, (which were, the three years ending 25th March, 1814, 1815, 1816, poor's rate, 5,812,645, price of wheat, 76s. 8d. per quarter; the three years ending 25th March 1817, 1818, 1819, poor's.rate, 7,446,672/- price of wheat, 86s. lOd. per quarter ; and the three years ending 25th March 1820, 1821, 1822, poor's rate, 6,882,247/., and price of wheat, 6 Is. lid. per quarter,) it will probably be concluded that no real decrease of pau perism or of rate has as yet taken place, inas much as the difference in the price of food more than accounts for the difference in the amount of rate, the decrease in the former being 38 per cent., and in the latter little more than 8 per cent. It is therefore at this time fair to conclude as the parliamentary committee con cluded, Report, page 6, " that independent of the pressure of any temporary or accidental circumstances, and making every allowance for increased population, the rise in the price of provisions and other necessaries of life, it ap peared that both the number of paupers and the amount of money levied by assessments were progressively increasing, while the situation of the poor appeared not to have been in any cor responding degree improved." And the com mittee were further of opinion, that whilst the existing poor laws, and the system under which they are administered remain unchanged, SETTLEMENTS IN AUSTRALASIA. 223 there does not exist any power of arresting the progress of this increase, till it shall no longer be found possible to augment the sums raised by assessment. With such views of this most important sub ject, in which every succeeding committee of parliament concurred, the committee of 1817 examined a variety of plans and suggestions, professing to meet, and in some measure to remedy, the evils of the existing system ; and upon the whole they were not able to suggest or point out any plan that coujd do more than effect a very partial benefit. They recommended the establishment of parochial benefit societies, parochial schools, select vestries, alterations in the law of settlement, discontinuance of relief in aid of wages, apportioning relief according to the number of children between certain ages, and finally, emigration. Laws were made to carry some of these measures into operation, and the result has not issued in any perceptible diminution of pauperism or rate. Some of them, the discontinuance of relief in aid of wages, and apportioning relief according to the number of children between certain ages, have not been tried, nor indeed can they be resorted to at all under the existing state of pauperism. And of all the measures suggested j by the committee, emigration is the only prac- 224 STATISTICAL ACCOUNT OF THE ticable one that has not, upon any national or extensive scale, been tried or adopted. The committee of 1819 state in their Report, pages 8, 9, " That the market for labour is in many parts of the kingdom at present much overstocked, does not admit of dispute ; nor does your committee believe, that in other parts the demand is greater than the supply ; it is not probable, therefore, that even the entire and immediate removal of all present impediments, if it were practicable, would of itself at this moment cure the existing evil. Other mea sures, assisted by the unrestrained operation of natural causes, will yet be wanting to bring the kingdom, in this respect, to its ordinary and healthful state. Your committee must there fore recur to the opinion expressed in the for mer report, " That all obstacles to seeking employment, wherever it can be found, even out of the realm, should be removed, and every facility that is reasonable afforded to those who may wish to resort to our own colonies ;" for it seems not unnatural, that this country should, at such a time, recur to an expedient which has been adopted successfully in other times, and in other countries, especially as it has facilities for this purpose, which perhaps no other state has ever enjoyed to the same extent, by the possession of colonies affording an extent of SETTLEMENTS itf AUSTRALASIA. 225 unoccupied territory, in which the labour of man, assisted by a genial and healthy climate, would produce an early and abundant return." If it be true, as I apprehend must be admit-v ted, that pauperism principally arises from a re dundant labouring population, it is evident that nothing can remove it but the reduction of that redundancy ; and that it is so, appears from this fact, that now in the year 1823, in the eighth year of peace, with an acknowledged state of general prosperity and improvement in our commerce, manufactures, and agriculture, with plentiful harvests and cheap bread, there has still been no material reduction effected in the amount of rate assessed and expended in the relief of the poor ; and if that amount be compared with the price of bread, there has been no reduction whatever, but an increase. In order therefore to remove pauperism and reduce the poor's rate, \ the redundant population must be reduced. This can only be done by emigration, and that to an extent commensurate with the redun dancy. The emigration of the surplus labouring po pulation of England, consisting, as will appear, of several hundred thousand souls, is a matter of the most serious importance, as it respects the labouring part of the community, and the VOL. n. o. 226 STATISTICAL ACCOUNT OF THE prosperity of the state ; as well as in reference to the sources and funds from which the ex- pence can be derived ; the country to which it will be prudent and practicable to remove them ; and the benefit to the individuals them selves. It is true that one experiment in emigration has been made, viz. to the Cape of Good Hope, and has failed, but it failed from natural causes, an unfruitful soil, and an unfavorable climate ; the one being unfit for agricultural purposes, to any profit, and the other a succession of seasons of drought ; circumstances that might have been known, and that ought to have prevented that particular colony from being selected as the fittest place to send emigrants to. If the same persons had been sent to New South Wales, or Van Diemen's Land, which might have been done at a very trifling additional expence of freight, how different would have been the re sult. And therefore the failure of this experi ment cannot be reasonably considered as a good argument against a system of emigration, when directed to a different colony, where none of the causes that produced that failure exist. I shall now proceed to point out the cir cumstances in New South Wales, and Van Diemen's Land which make these colonies SETTLEMENTS IN AUSTRALASIA. 227 the most fit of any in the possession of the crown for the reception of poor emigrants upon a large scale ; that description of persons of whom the labouring population of England is com posed. The first requisite in any country, and more especially in a new colony, is a good climate. In this particular, New South Wales, in which I always include Van Diemen's Land, is in no re spect inferior to any other country in the world. We have now had the experience of five-and- thirty years, and it serves to shew, not only that the climate is most congenial to the human con stitution in preserving health, but that old and unhealthy persons have recovered and preserved a state of health seldom to be found in other countries. It is a well ascertained fact that in flammatory and febrile diseases have not hitherto been observed in New South Wales. There is no trace to be found of the diseases that prevail in the back woods of America. And as to those fatal diseases of children, small-pox, measles and hooping-cough, not one single case has been known to exist. The climate is equally favorable for all domestic animals. Horned cattle, horses, sheep, swine, and every description of poultry thrive and multiply to a degree I believe seldom known, certainly never exceeded elsewhere. In , short with respect to climate, there is not a Q2 228 STATISTICAL ACCOUNT OF THE healthier or finer in the world, for man or beast, than that of New South Wales. The next requisite for a colony of emigrants is a fruitful soil ; and in this also New South Wales is certainly not inferior to any other co lony. It would be too tedious, Sir, to occupy your time with a minute description of the variety of soil and productions of this colony ; and I shall therefore merely observe, that it contains numerous and extensive tracts of land, even in the very small portion of that vast country that has been explored, naturally so rich and productive, as to yield abundant crops of wheat, maize, and barley, in some places for thirty, and in other for twenty, and for fifteen successive years, without manure and without rest. The quantity of similar land, contained in that small section of New South Wales, extending from Jervis Bay, lat. 35, south, to Port Macquarie, lat. 31, following that parallel inland to 148° of east longitude, from thence to Macquarie River, and up that river to its source, containing upwards of 60,000 square miles, is sufficient to afford, not only subsistence, but a farm to every family of the surplus labouring population of England and Ireland; a section of country in which also are contained the harbours of Port Jackson, Broken Bay, Botany Bay, Jervis Bay, SETTLEMENTS IN AUSTRALASIA. 229 Bateman's Bay, Port Hunter, Port Stephen, and Port Macquarie, and the rivers Hawkes bury, Hunter, Hastings, and Clyde, discharg ing themselves into the ocean, and the Lach- lane, and Macquarie, running several hundred miles inland. I have made an estimate of the quantity of good land, fit for agricultural pur poses, the growth of grain, hemp, flax, and tobacco, contained in the line of country ex plored by Mr. Surveyor General Oxley, in his expeditions into the interior, in the years 1817 and 1818, and the result is, that it forms a square area of 250 miles every way, or 62,500 square miles, and 40,000,000 acres, and con tains, at least, ten million acres of land upon the banks of rivers and streams, well watered, rich, fertile, and valuable for all purposes of grazing, cultivation, and settlement, and capable of pro ducing in the greatest abundance, wheat, barley, oats, Indian corn, tobacco, flax, and hemp, and of rearing and feeding horned cattle, horses, and fine wooled sheep without number. A country ' certainly sufficient in point of extent and fertility of soil, for the reception of all the redundant population of Great Britain and Ireland. But there is another most important parti cular in which the colony of New South Wales excels every other British colony for poor emi grants, to which I beg leave, Sir, to call your 230 STATISTICAL ACCOUNT OF THE particular attention, and that is the immense means the government possesses there, in the article of the convicts' labour properly applied. It is necessary in every newly settled country, to incur very considerable expence and labour in clearing the land, erecting houses, and procur ing live stock, before subsistence can be obtained from the produce of the soil. This expence poor emigrants cannot afford, neither have they any means of procuring subsistence, while they may be preparing the land for their future sup port ; so that emigration is entirely out of their power while confined to their own resources ; and if the redundant labouring population of England, be left to itself to emigrate, it never can do so for want of means. Now in the colony of New South Wales, there are at this present time, 1823, upwards of twenty thousand male convicts, able bodied crown labourers, of these ten thousand is quite a sufficient number to be distributed among the settlers in the colony, and employed in the government works, and the re maining ten thousand labourers are ready on the spot to be employed in clearing and preparing land for emigrants. As it is important to shew the number of labourers in New South Wales, at the disposal of the government, I will just state how the matter stands. At the colonial muster, or census of 182 J, the SETTLEMENTS IN AUSTRALASIA. 231 number of male convicts was found to be 16,2 1 0, of those there were distributed among and em. ployed by the colonists in every way 6927, and 1,378 held "tickets of leave," leaving at the disposal of the government 7,905 labourers. Since that period, upwards of 3,500 male con victs have been sent out, and there are now therefore upwards of 10,000 crown labourers, who really are in a measure, in want of employ ment, in the colony. It is to be observed that the government has to feed, clothe, and lodge all the convicts not distributed among the colonists. Now if those 10,000 crown labourers, or even a part of them, were employed in clearing and fencing farms, and erecting houses on them, they would clear and fence a sufficient quantity of land every year, for several thousand farms, and besides erect a house on each farm. By the following estimate, it appears that 5500 labourers will every year prepare 5000 farms, on each of which shall be erected a good house, and a sufficient portion of land cleared, fenced and fitted for immediate cultivation, adapted for the immediate reception and comfortable settle ment of a labouring family. 232 STATISTICAL ACCOUNT OF THE ESTIMATE A. Estimate of the labour and materials required to prepare five thousand farms, each farm to contain thirty acres of land, fenced with a three-rail fence, one acre cleared and fenced for a garden, five acres cleared to cultivate, and a house, 24 feet long, 12 feet wide, and eight feet high, weather-boarded and shingled, erected thereon. The labour estimated according to the scale of labour performed by the convict labourers for the government works. — See Second Letter, page 190. All materials and implements necessary to be procured in England, estimated at the whole sale cost price there. Labour and Materials required for each farm and house. Labour. Farm — Falling and burning off six acres, fencing 200 perch, split ting 2,500 pales Materials, 5000 paling nails, weight 201bs. House — Materials. 2600 feet scantling boards and battons, 3500 shingles, 2000 bricks, 10,000 nails of sorts, weight 501bs. 2 locks, 6 pair hinges, and 4 bolts Labour, Framing, roofing, shingling, Weather boarding, and floor ing the whole 26 square, bricklaying 7 perches run.^ SETTLEMENTS IN AUSTRALASIA. 233 Labour. — 5000 Farms and Houses. Falling and burning off - - 30,000 acres 1616 men one year. Fencing - - 1,000,000 perches. 1,923 do. do. Sawing, scantling, & boards, 13,000,000 feet - 668 do. do. Shingles, splitting - - 17,500 thousand 253 do. do. Bricks, making - - 10,000 thousand 84 do. do. Rough carpenters' work, fram- - ing, roofing, shingling, wea- r 130,000 square 417 do. do. ther-boarding, &c. Bricklaying - - 10,000 - 100 do. do. Ditto, labourers - - 100 do. do. Total labourers - - 5,161 for a year. Overseers, one for every 25 labourers - 207 Superintendents, servants, &c. - - 72 Total - 5,440 men. Two principal superintendents. Eleven deputy ditto, one to every 20 overseers. Inasmuch as the government must subsist all the convicts not distributed among the settlers, and as a considerably greater number than the above remains undistributed and to be main tained, I do not think the expence~of the main tenance and superintendence of the convicts to be employed in preparing these farms, should be considered as an additional expence to the crown to be charged against the pauper emi grants, or the fund upon which they may be sent out. But if it should be considered as a legitimate charge, the following will be the amount. 234 STATISTICAL ACCOUNT OF THE 5440 Men, rations, and clothing, at 141. each - - - 76,160 0 0 207 Overseers, salary 101. - - 2,070 0 0 2 Principal superintendents - 440 0 0 11 Deputy - - - 1,540 0 0 £80,210 0 0 Materials for 5000 Farms and Houses to be bought in England, viz. Nails of sorts . 175 ton, at 501. per ton 8750 0 0 Locks - 10,000 2s. 6d. 1,250 0 0 Hinges, hasps, &c. 15 ton, 501. - 750 0 0 Iron unwrought 50 ton, 101. - - 500 0 0 Sundries - - - 750 0 0 £12,000 0 0 Implements for 5200 Labourers, fyc. Axes, viz. — Falling, 2,200; splitting, 900; carpenters, 1,400; total, 4,500, at 3s. 675 0 0 Saws— Pit, 400, at 20s. ; cross-cut, 1000 at 20s. ; hand, 1,300, at 4s. - 1,660 0 0 Adzes. — 1,000, at 3s. ; hammers, 150 doz. at 16s. - - - - 270 0 0 Augurs. — 125 doz. at 16s.; gimblets, 200 doz. at 3s. - - - 130 0 0 Plane irons, 100 doz. at 10s. ; trowels, 20 doz. at 15s. . - 65 0 0 Rules, squares, compasses, each 50 doz. at 20s. - - - 150 0 0 Shovels 100, hods 100 - - at 3s. 30 0 0 Iron wedges, 5 ten - - at 201. 100 0 0 £3,000 0 0 Total - £95,210 0 0 Equal to, per farm, 19 .0 0 It is obvious the real expence, per farm, will be only 31. the cost of implements and mate- SETTLEMENTS IN AUSTRALASIA. 235 rials ; and indeed, to speak more correctly, the real expence the government would incur, in the preparing of these five thousand farms, would be the bare cost of materials bought in England, being, as above, only 3,000/. or 13s. 4>d. per farm, inasmuch as the convicts em ployed in preparing the farms must be subsisted at all events, and implements must be provided for them, whatever labour they may be put to. This estimate clearly shews that the govern ment possesses in New South Wales the means, at very small additional expence indeed, 3,000/., of preparing annually comfortable farms and houses for no less than five thousand labouring families. I say at a very small additional ex- pence, for the expence of maintaining the con vict labourers is now, and must continue to be, borne by the government, whether employment be found for them or not : and employing the convicts in this way would be nothing more than profitably applying to national purposes that mass of labour which is at command. The convicts employed in preparing these farms will require neither more food, clothing, or super intendence than they now require. There is no difficulty in the labour to be performed, as the greater part is of the most common and ordinary kind ; and it is all of that description that the quantity a man can and ought to per- 236 STATISTICAL ACCOUNT OF THE form is capable of being ascertained, and has been fixed for years in the colony ; obviously a particular advantage in compulsory labour, in asmuch as the labourer, however disposed to idleness, must perform the regulated quantity. Sawing, shingle splitting, brick-making and fencing, can be quickly learned and easily per formed by any handy man, and are daily acquired by persons in New South Wales who never laboured at them before. A sufficient number of the only persons I would call me chanics, rough carpenters and bricklayers, can easily be procured from among the convicts. In short it is quite clear, that from among upwards of twenty thousand men, of every trade and calling, a sufficient number of every de scription of labourer and mechanic necessary for this purpose can be procured. And there is besides this other advantage resulting to the convicts themselves in their reformation, and the general interests of the colony as well as the state, that the men employed in this descrip tion of labour will be trained to become useful labourers and settlers themselves when they become free ; they will acquire habits of indus try and labour in the very particulars in which both will be necessary and useful for themselves thereafter. In a word, the employment of the convicts in this way would be a school of cor rection, hard healthy labour, and of industry SETTLEMENTS IN AUSTRALASIA. 237 for them ; and afford the government the means of providing, at no expence to itself, and with great advantage to the emigrant, for the emi gration gradually and in due time of the redun dant labouring population of England. My object in this letter being to submit to your consideration, Sir, a plan by which I con ceive the redundant labouring population of England may be enabled to emigrate to New South Wales, with advantage to themselves, benefit to the state, and to the final extinction of poor's rate ; and it being, I think, shewn that the government possesses in that colony a country abounding with rich and valuable land, and abundant means to put it in a state fit for the reception of poor emigrants ; I shall now proceed to shew to what extent emigration should be carried ; the expence, and the funds from which that expence should be derived, and the extent to which pauperism and poor's rate will be thereby diminished. In order to arrive at some idea of the extent to which emigration should be carried, it be comes necessary to ascertain, as nearly as pos sible, the number of the redundant labouring- population ; for the number to emigrate should be such, as not only to prevent an increase in, but gradually to carry off that redundance, and 238 STATISTICAL ACCOUNT OF THE reduce the labouring population to its just and sound limits ; something of an equality between the supply and demand, between the labouring population and such employment as will afford it a living wages. B When the supply and demand for labour is equal or nearly equal, the wages of labour ought to be, and indeed will be sufficient to maintain the labourer and his family. But if the wages of labour be not sufficient for the sub sistence of the labourer, either by reason of excess in the supply of labour and consequent over competition and reduced wages ; or by reason of the inadequacy of the funds from which the labour of wages is derived (both of which causes operate in England,) the labourer must come to some other fund for his deficient subsistence, and that fund is the poor's rate. The amount of poor's rate, therefore, will be come the best criterion and datum by which to ascertain the redundant labouring popula tion ; for the extent of that redundance is exactly the number which, making allowance for aged and impotent poor, and over-compe tition, the poor's rate will wholly subsist through out the year. In the various returns made to parliament, the number of persons relieved by poor's rate SETTLEMENTS IN AUSTRALASIA. 239 is given only for the years ending Easter 1803, 1813, 1814, and 1815.* In those years the amount expended in relief of the poor, and the number of persons relieved, and the average price of wheat, was as follows : — Permanently Total Total Ave relieved. Occa sionally relieved Personsrelieved, Amount ex pended in rage In Out of price Work Work not in relief of the of house. house. cludingchildren Poor. Wheat. 1803 82,746 311,991 295,912 690,649 £4,077,891 63s. 1813 96,416 406,440 424,870 927,726 6,656,105 128s. 1814 93,242 401,758 414,553 909,553 6,294,584 98s. 1815 87,274 378,709 387,113 853,096 5,418,845 70s.6d. Children are not included, and the amount ex pended was actually paid as relief, and did not include the expence of removals, salaries, law, &c. In the years 1812-13, and 1813-14, the price of provisions was so high as evidently to increase considerably the number of persons coming on the rate for relief, and those years are therefore not fit to be taken as a general criterion. The years 1802-3 and 1814-15, were on the con trary years of average cheapness as to provi sions, the average of the price of wheat for those two years being nearly the same as the average * See Poor Abstracts, April 20, 1818. JJ40 STATISTICAL ACCOUNT OF THE of 1820 and 1821 ; the former 66s. 9d. the latter 65s. lid. per quarter. I therefore take the average of the years 1802-3 and 1814-15, as coming the nearest, in respect of the price of provisions, to the present time, and to what may be considered as the average of ordinary years. The number of persons who received relief from the rate (average of 1802-3 and 1814-15,) was thus : — Permanently relieved in work houses, 85,010 ; permanently relieved out of workhouses, 345,350 ; occasionally relieved, 341,517. Now it is evident those persons did not receive relief equal to their entire subsist ence during the period relief was afforded them, much less throughout the year. The greater number of those described as " permanently relieved in workhouses," were perhaps entirely subsisted throughout the year from the rate ; some, but not many, of those " permanently relieved out of workhouse," were also sub sisted entirely from the rate, but certainly the far greater part received only partial subsist ence from that fund, and none of those " occa sionally" relieved were wholly subsisted even during the period they received relief ; for the great majority of persons " relieved out of workhouse," and " occasionally relieved," re ceived such relief in aid of wages or other means of subsistence. I therefore assume — SETTLEMENTS IN AUSTRALASIA. 241 That those " permanently relieved in workhouses " were wholly sub- Persons. sisted throughout the year - - 85,010 That those " permanently relieved out of workhouses" received relief equal to one-half their subsistence through out the year, which would be equal to entire subsistence for half the number, or - 172,675 That those " occasionally relieved " received relief equal to one-fourth their subsistence throughout the vear, or to one-half their subsistence for half the year, which would be equal to entire subsistence through out the year for one-fourth the number, or - - - 83,379 Total, equal to entire subsistence throughout the year for 343,064 adults. The amount of rate applied to the relief of the poor, average of the years 1802-3 and 1814-15, was 4,748,368/. sterling. The actual amount of rate ex pended in relief of the poor in 1814-15, was 5,418,845/., and it regularly increased to 7,890,148/. in the year 1817-18, and again gra dually declined to 6,358,703/. in the year 1821- 22. The average price of wheat in the former period, 1802-3 and 1814-15 was, as before ob- vox. jet. n 242 STATISTICAL ACCOUNT OF THE served, very little above the average prices of 1820 and 1821 ; and making every allowance for the small difference in the price of provi sions, I think I may conclude that the number of persons relieved from the rate is relatively as great now as it was in the years 1803 and 1815. If the expence of subsistence be nearly the same as in 1803 and 1815, the number of adults, with their families, which the amount of rate paid in relief in 1822 would have wholly sub sisted throughout the year, would have been 459,408 ; but if the average of the three most favourable years of the last twenty-five, 1803, 1815 and 1822, be deemed as coming nearer to the truth, it will give the number of adults as 401,236. And as it appears from the Popula tion Returns of 1821, made to parliament,* that the relative proportion of persons in every one hundred of the population is forty-nine under twenty years of age, and fifty-one upwards of twenty years of age, there will be 385,501 chil dren and persons under twenty years of age, making the number which the poor's rate will wholly subsist throughout the year, adults and children, 786,737 souls. And if one-eighth be allowed for aged and impotent poor, there will * See Enumeration and Population Abstracts, July 2, 1822. SETTLEMENTS IN AUSTRALASIA. 243 remain 688,355 persons, or 140,481 families (at 4t% persons each family, that being the average of the families of England and Wales,) subsisted by poor's rates, who ought to be subsisted by the wages of labour. Two principal causes concur in compelling the labouring population to come on the rate for subsistence, the inadequacy of the fund from which the wages of labour is derived ; and the reduction of wages of labour by reason of an excessive supply. The former cause is cer tainly the principal one, the latter is but a con sequence of the former. If we could discover the precise degree in which each operates, we could then ascertain the exact excess of the labouring population ; for in the same propor tion as the fund, from which the wages of labour is derived, is inadequate to the subsistence of the labouring population, is that population ex cessive? (By excessive labouring population, I would be always understood to mean such a population as the wages of labour will not main tain.) There are, however, no data by which we can arrive at this discovery, and we can only form a conjecture, perhaps not very wide of the truth, that the former of these two causes operates to double the extent of the latter; that is, that the fund from which the wages of labour is derived is inadequate to the subsistence of r2 244 STATISTICAL ACCOUNT OF THE the labouring population by 93,654 families, containing 458,903 souls, and an expence, to other ' funds, in the shape of poor's rate, of 3,277,890/. ; and- that the excessive supply of labourers produces an over-competition and consequent reduction in the wages of labour below its fair rate, so as to bring on the rate an expence equal to the subsistence of 46,287 fami lies, containing 229,452 souls, and amounting to 1,638,945/. sterling. Although it may not be practicable for the entire, or any very considerable part of the estimated redundant families to emigrate at once, or in a very short period of time, yet it is necessary that such a number shall emigrate as will gradually carry off all the redundant population ; and in order to do so, the number should annually be, at least, so much greater than the annual increase of that redundance, as not only to keep it down, but to reduce and finally carry it off. Now the average of annual births in England and Wales is as " one in every thirty-five," and of deaths, as " one in every forty-eight" of the population ; there will be in the estimated redundant population of 458,903 souls 13,111 births and 7,912 deaths annually, and the difference, 5,199, will be the annual increase. Supposing, therefore, five thousand families, consisting of 25,000 souls, to emigrate SETTLEMENTS IN AUSTRALASIA. 245 annually, it will not only carry off the current increase, but the whole redundant population in twenty-six years, and therefore I fix upon that as the most convenient and expedient number of families to emigrate annually. I have now to shew the expence of the annual emigration of five thousand families to New South Wales, and of their settlement there ; and the sources from whence I propose to de rive the funds to defray that expence. I propose them to derive the fund, for defray ing the expence from two sources ; first from the poor's rate, and next from annual rents to be paid by the emigrants for their farms, com mencing within a certain period after their settlement on them. And my plan is, that the contribution from the poor's rate, shall be 10/. per annum, for fourteen years, for every family man, wife, and three children, of five persons emigrating : and the annual rent to be paid by each emigrant settler, shall be also 10/. com mencing the third year of his settlement. It appearing from estimate D, that he will be well able at that period, to commence the payment of such a rent. In the following estimates, B and C. I sup pose the emigrants to be paupers ; and that it 246 STATISTICAL ACCOUNT OF THE will be necessary to give them a passage out, and to find them provisions, ship furniture, and clothing for the voyage ; and to supply them in the colony, on their farms, with rations and clothing, until they can, from the produce of their farms, maintain themselves ; and also with household furniture, implements of agriculture, seed, and live stock sufficient to enable them to commence and profitably cultivate their lands. Estimate D, shews in what period of time the labouring emigrant can bring his farm into a state of cultivation, his annual expences and returns, and the rest he can afford to pay thereout. I suppose the various articles to be purchased at wholesale ready money prices, and the duties of customs and excise, on every article subjeet thereto, to be drawn back as upon exportation. Estimate B, shews the supplies necessary for and the expence of the voyage out. Estimate C, shews the supplies necessary for and the ex pences of the emigrant, when on his farm in the colony. And estimate D, shews the period of time in which he can bring his farm into pro ductive cultivation. ESTIMATE B. Estimate of the expence of conveying pau per emigrants to New South Wales, calculating SETTLEMENTS IN AUSTRALASIA. 247 each family to consist of man, wife, and three chil dren, and to be supplied with rations, bedding, clothing, and all other necessaries for the voyage. A Vessel o/°400 Tons will well accommodate every Forty Families. (See Settlers, Class I. Second Letter, page 189.) Freight.— 400 tons, at 51. per ton - £2000 0 0 0 0 75 tons water casks, at 40s. 150 0 0 Fitting up cabins and cabouse 150 0 0 £2.300 Provisions, at the following weekly rations for each family, viz. 161bs. beef and pork, 211bs. bread, 51bs. flour, 3£lb. rice, 3 quarts pease, 4 quarts oatmeaL 51bs. sugar, suet, lib. raisins, 2 oz. mustard Jib. tea, lib. , 1 oz pepper, 1 pint vinegar, 1 pint lime rum. juice, 1 quart 32 barrels pork 20 tierces beef 7| tons bread 2 ditto flour at 75s. - 130s. 201. ditto 25 cwt. rice : 75 bushels pease 58 cwt. oatmeal 15s. - '' 7s. 12s. 2 tons sugar 4001bs. tea 301. 2s. 6d.- 8 cwt. suet 50s. 8 cwt. raisins 1 cwt. mustard 40s. 70s. 501bs. pepper 100 gallons limejuice 100 ditto vinegar 200 ditto rum - 6d. Is. 6d. Is. 6d. Is. 6. at 301. Is. - 3d. 40s. Hospital Stores, viz. 1 pipe wine 1001b. portable soup 2001bs. Scotch barley 1121bs. sago 30 5 2 2 0 0 10 0 0 0 0 0 £665 0 0 248 STATISTICAL ACCOUNT OF THE lOIbs. pimento - . at 9d. 0 7 6 Medicine chest - - - 20 0 0 Fumigating stores - - 5 0 0 Furniture, bedding, clothing, &c. &c. - - 35 0 0 £100 0 0 Bedding, furniture, clothing, and other neces saries for each family, viz. Bedding. 2 mattresses - at 5s. 3 pair sheets, 6s. ; 2 blankets, 3s. 6d. 2 coverlits, at 2s. 6d. ; 2 pillow-cases, 2s. Forty families at Furniture, viz. 1 iron kettle, 7s. ; 2 iron saucepans, 3s. 6d. 5 tin plates, 2 tin dishes, 6 mugs 6 knives and forks, 6 iron spoons, 1 tea-pot, 1 frying-pan - 0 7 9 0 10 0 1 5 0 0 9 0 £2 4 0 £88 0 0 0 14 0 0 7 6. £19 3 Forty families, at £58 10 0 Necessaries. 101b. soap, at 4jd. per lb. - 0 3 9 lib. thread, at 2s - - 0 2 0 100 needles, Jib. pins - - 0 2 6 1 scissars, 1 razor • - 0 2 6 0 10 9 Forty families, at - . £21 10 0 Clothing. Mens Suits, viz. 1 kersey jacket, 7s. ; 1 do. bowsers, 4s. 6d. - 0 11 6 1 duck trowsers, 2s. 6d. and 1 duck frock, 3s. - 0 5 6 2 cotton shirts, 2s. 4d. ; 1 pair shoes, 5s. - - 0 9 8 1 hat, 2s. 0d.; 2 handkfs. lid. 0 4 4 £1 11 0 SETTLEMENTS IN AUSTRALASIA. 249 Women's Suits. 2 jackets printed calico, at 4s. ; 2 shifts, white do. 3s. < - - 0 14 0 2 petticoats, calico, at 3s; 2 caps, 6d. 0 7 0 2 handkerchiefs, at 6d. ; 1 pair shoes, , 4s. ; 1 pair stockings, Is. 0 6 0 £17 0 Boy's Suits. 1 kersey jacket, at 5s. 6d. ; 2 canvas trowsers, at 2s. - - 0 9 6 2 cotton shirts, at 2, 1 pair shoes, 3s. 6d. ; 1 cap, Is. - - 0. 8 6 0 18 0 Girl's Suits. 2 roundabouts, calico, at 4s. ; 2 shifts, at 2s. 6d. - - - - 0 13 0 1 petticoat, 2s. 6d. ; 1 pair shoes, 3s. leap. 6d. - - 0 6 0 1 18 0 Two suits - 0 19 0 £5 14 0 Forty families, at - - £228 0 0 Total expence of the passage, including freight, provisions, clothing and furniture, of forty families - - £3,461 0 0 Equal to, per family, £86 10s. Od. ESTIMATE C. Estimate of the expence of maintaining pauper emigrants at the settlement, until they can support themselves by the produce of their farms, includ ing provisions, clothing, furniture, agricultural im plements, seed, and live stock. The emigrant should arrive between the first of April, and the first of July ; having a house built, and six acres of land ready cleared, he will in the 250 STATISTICAL ACCOUNT OF THE first year, plant half an acre of potatoes, ripe in January, and five acres of maize, ripe in May. He will therefore require to be supplied this year, with meat all the year ; comforts all the year ; grain, or bread for nine months. Provisionsfor each Family at the following Weekly Ration. 161b, salt pork, at 3J per lb. . 0 4 8 51b. sugar, at 4d. ; £lb. tea,2s.6d.' 0 2 11 4lb. rice, at ljd. . . .006 52 weeks, at . 0 8 1 £21 0 4 35lbs. flour, or | bushels of wheat, 40 weeks, at . . . 0 6 0 12 0 0 33 0 4 Comforts. 281b. soap, at 4|d.; 41b. mustard, at Is. . 0 14 6 4lb. pepper, at Is. ; | cwt salt, at 7s. . 0 7 6 Thread, pins, needles . . .080 1 10 0 Bedding and furniture same as supplied on ship-board, and in addition to that . . . 3 15 0 Clothing : suit and half each person . . . 8 10 0 Implements : same as Settlers, Class I. (Second Lette?, page 189) less 10s. . . : .3100 Seed : for | acre potatoes, 2 cwt. at 5s. . 0 10 0 5 acres maize, 1 bushel at 4s. .040 5 ditto wheat, 10 ditto, at 8s. . 4 0 0 Garden seeds . . 0 10 4 15 0 Live Stock, viz. I sow pig, at 30s. ; 4 store ditto, at 20s ; poultry, 10s. . . 6 0 0 Total for each family the first year . . £61 0 0 From after the first year the emigrant will be able to support himself and family by the produce of his farm. SETTLEMENTS IN AUSTRALASIA. 251 ESTIMATE D. Computation and estimate of the period of time, in which the labouring emigrant settler can bring his land into a state of productive cultivation, with the quantity of produce and value ; as well as the rental he can afford to pay thereout, by way of return, for the expence of his conveyance and settlement. I suppose the settler to be put in possession of a farm, containing thirty acres of land, surrounded with a three rail and post fence ; whereon a house is erected ; five acres of the land cleared and fit to commence cultivating ; and a garden of one acre also cleared and fenced ; and to enter on his farm between the first of April, and the first of July. The mode of labour with the hoe, and axe, being what the emigrant is unaccustomed to. I suppose him to perform no greater quantity of labour the first year, than what the convicts perform for the crown, working only five days in the week, from six o'clock in the morning, to three in the afternoon each day ; after the first year he will be fully able to perform the usual quantity of labour performed in the colony. The general crops are maize, or Indian corn, wheat, rye, barley. Maise is planted, October, 252 STATISTICAL ACCOUNT OF THE November, and December, ripe and gathered April, and May; wheat, rye, and barley, sown March, April, May, and June; reaped, November,, and December. Potatoes planted in August, ripe in January, and planted January, and February, ripe in July ; garden vegetables, two crops a year. The Produce I estimate very low: viz. Maize, 25 bushels per acre, on virgin land, 30^ bushels Wheat, 16 ditto ditto, on ditto, 20 ditto Barley and rye, 20 ditto ditto on ditto, 25 ditto Potatoes, 100 ditto ditto, The first column shews the seasons ; the second, the quantity and kind of labour ; the third, the number of days in which one man will perform it. FIRST YEAR. Days Season. Quantity, &c. of Labour. Labour. July Hoeing, preparing, and planting i acre of potatoes 10 and SeDt S Hoeing 5 acres new land, for maize - 60 September. Planting ditto ditto ditto - 10 ^^^^ Falling timber on 5 acres - - 25 Hoeing maize, 5 acres ... 5 ^j j °'£ Burning off timber, 5 acres - - 60 Hoeing Maize, 5 ditto - - 5 Garden and hoeing, and planting \ acre potatoes 8 Feb. Mar. > Hoeing 5 acres new land for wheat - 60 and Apr. $ Planting ditto ... 15 May. Harvesting maize, 5 acres - - 5 June. Falling timber, 5 acres - 25 Sundry labour - - - 12 Total this Year - - 300 SECOND YEAR. Days July. Garden potatoes, &c. - . 10 August. Burning timber 5 acres ,- , - 40 SETTLEMENTS IN AUSTRALASIA. 253 Sept. and October f Hoeing and preparing 5 acres new land for maize Days 40 Planting ditto ... . 10 November . Falling timber, 5 acres 20 Hoeing maize ... 5 December. Reaping and harvesting 5 acres wheat 20 Hoeing maize, 5 acres ... 2 January. Garden, potatoes, &c. 10 Threshing wheat ... 10 February. Hoeing 5 acres maize stubble for wheat 20 March. Ditto 5 acres wheat stubble for barley 20 Planting 5 acres wheat, and 5 of barley 20 April. Harvesting 5 acres maize 5 May. Burning Timber 5 acres 40 June. Threshing .... 10 Total 282 THIRD YEAR. Days July. Garden, planting potatoes, &c. 12 August.September £ Hoeing and preparing 5 acres new land, for maize 50 Planting ditto • 10 October. Falling timber, 5 acres 20 November. , Reaping and harvesting barley, 5 acres 20 Hoeing maize ... 5 December. Reaping and harvesting wheat, 5 acres 20 Hoeing maize ... 3 January. Garden, planting potatoes, &c. 12 Threshing 15 February. Hoeing 10 acres stubble, for wheat and barley 40 March. Planting barley, 5 acres 10 April. Planting wheat, 5 acres 10 Harvesting maize, 5 acres 10 May. Burning timber, 5 acres 40 June. Threshing- .... 12 Total 290 The third year, the settler will have brought his farm into full cultivation, and his annual crops will be 5 acres of wheat, 5 of barley, and 5 of maize; beside 1 acre of garden land ; and the settler, with such assistance as his family will give him, will be able to keep his farm in this state of tillage. 254 STATISTICAL ACCOUNT OF THE The Settlers'1 Annual Expence and Produce, will be as follows :¦— FIRST YEAR. Produce. Five acres maize, 150 bushels con sumed on the farm this and the next year Expences. The settler being supplied from the emigration fund, with all necessa ries, will be at no expence this year. SECOND YEAR- Expences. Clothing Implements Sugar, 3 cwt, 42s. - > Tea,281bs. at 2s. 6d. S " Comforts Two store pigs Sundries Expences £10 0 0 2 0 0 9 16 0 2 0 0 3 0 0 1 4 0 £28 0 0 Produce. Bushels. Five acres wheat 100 Consumed on farm food and seed 50 For sale at 7s. 50 Five aeres maize 150 Consumed on farm 70 £17 10 0 For sale, at 3s. 80 12 0 0 Produce - - £29 10 fl Expences. Clothing Implements Tea, sugar, &c. Comforts, and sundries Leaving a balance for rent of THIRD YEAR. Produce. Five acres wheat 80 Consumed on farm 30 £10 0 0 2 0 0 10 0 0 4 0 0 £37 0 0 For sale at 7s. 50 £17 10 0 Five acres barley 100 Consumed on farm 40 For sale, at 4s. 60 Five acres maize 125 Consumed on farm 75 For sale at 3s. 50 12 0 0 7 10 0 £37 0 0 Every future year will year ; and it appears the. annum fot his farm. be, as to expence and produce, the same as this settler can well afford to pay a rent of 101. per SETTLEMENTS IN AUSTRALASIA. 255 The total Expence of Conveying and Settling those poor Emigrants will be as follows : Five Thousand Families. Per Family and Farm. Preparing farms, imple ments, and materials - 3 0 0 Passage out - 86 10 0 Maintenance at the settle ment one year - 610 0 Total per family - £150 10 0 And for 5000 families Total for 5000 families and Farms. 15,000 0 0 432,500 0 0 305,000 0 0 £752,500 0 0 I have now to shew the relief that will accrue to the poors' rate from the emigration of such paupers : now, in order to estimate this, it be comes necessary in the first place to ascertain the amount of the rate which, upon an average of the whole kingdom, it will take wholly to subsist throughout the year a labouring pauper family, consisting of the general average num ber of persons ; and in the next place, the wages of labour which such a family, if fully employed would earn ; for, as will be shewn, the amount of relief to the rate will be the mean, or average, of those two sums, whatever they may be, less the amount of contribution to the emigration fund. With respect to the amount of rate then. It has been seen, that upon an average of the two years in the last twenty five, 1803 and 1815, wherein the amount of rate and the prjtce of 256 STATISTICAL ACCOUNT OF THE wheat was lowest, and the amount of rate ex pended in relief of the poor was sufficient wholly to subsist throughout the year 343,064 adults, added to which the proportion of children |f, 329,612 makes 672,676 souls ; or, at 4 r% per sons each family 137,281 families. The amount expended, average of the same years was 4,748,368/. sterling, giving for each family 34/. lis. 9kd. And I do conclude that the cost of wholly subsisting such a family, five persons, throughout the year by poors' rate is not now, nor is it likely in future to be, less than that sum ; the average price of wheat during the year calculated on being 66s. 9d. per quarter, and for the last two years, 1821 and 1822, by 65s. lid. per quarter. With respect to the wages of labour. — It is evident that the fund available for the wages of labour is not sufficient to afford subsistence to the whole labouring population, and the de ficiency is made up by assessment or rate. Any part of that population withdrawn makes room for an equal number to be employed, and to receive subsistence to that extent from the wages of the labour fund ; and to the same extent relieves the rate from their subsistence. Every labourer and his family emigrating, al though he may not have received, nor be likely to claim, any relief from the rate, will, by the SETTLEMENTS IN AUSTRALASIA. 257 vacancy he creates in the supply of labour, make room for the employment of an equal quantity of now unemployed labour, and the rate will be as effectually relieved thereby as if the pauper actually receiving relief had emigrated. If a labourer, not a pauper emigrates, the rate is relieved to the extent of the wages of his labour, or nearly. If a pauper labourer emigrates, the rate is relieved to no greater extent than in the former case ; for the amount of his wages paid out of the wages fund, together with the sum he re ceives from the rate, is the measure of relief the rate will receive ; and both those amounts will not exceed, nor indeed equal, the wages of the non pauper labourer ; inasmuch as the sub sistence, or income, received in the shape of rate, is never equal to that obtained as the wages of labour. It is, therefore, clear that the emigration of non pauper labourers, or of in part pauper labourers, or of wholly pauper labourers and their families, will all equally relieve the rates, not only to the extent to which they re ceive subsistence from it, but also to the extent nearly of the wages of labour which they receive or earn. I say nearly ; for, as before observed, the subsistence afforded by the rate is always more scanty, and therefore less expensive than that from wages. A family in full employment will earn and spend in subsistence a greater VOL. II. s 258 STATISTICAL ACCOUNT OF THE sum than a family out of employ and subsisted by the rate can, or will be allowed. I therefore conclude, that the actual relief which will be afforded the poors' rate by the emigration of a labouring family will be the mean or average, of the amount of wages such a family would earn, and the amount of rate it would take wholly to subsist such a family as paupers. The average numbers, ages, and sexes of families in England and Wales, as appears by the population returns of 1821, for any forty families, of one hundred and ninety-six persons, is as follows : fifty-five persons, i.e. twenty-eight males and twenty-seven females, under ten years of age ; twenty-two persons, eleven males and eleven females, between ten and fifteen years of age ; nineteen persons, nine males and ten females, between fifteen and twenty years of age ; seventy-three persons, thirty-five males and thirty-eight females, between twenty and fifty years ages ; twelve persons, six males and six females, between fifty and sixty years of age ; and fifteen persons, eight males and seven females, sixty years and upwards. The average wages of labour of England and Wales, is, I think, considerably underrated in the following estimate for forty families, consisting of one hundred and ninety-six persons. SETTLEMENTS IN AUSTRALASIA. 259 Males. 35 men, 20 to 50 years of age, at 15s. per week . £1,365 0 0 6 ditto 50 to 69 ditto at 7s. 6d. ditto . 117 0 0 9 lads, 15 to 20 ditto at 6s. ditto . 140 8 0 11 boys, 10 to 15 ditto at 3s. ditto . 85 16 0 Females. 38 women, 20 to 50 ditto at 3s. ditto . 296 8 0 6 ditto 50 to 60 ditto at 2s. ditto . 31 4 0 10 girls, 15 to 20 ditto at 4s. ditto . 104 0 0 11 ditto 10 to 15 ditto at 2s. 6d. ditto . 71 10 0 £2,211 6 0 Equal to, per family . . . 55 5 7| Average expence of subsisting such a family by poor's rate, would be, as before seen . . £34 11 9| The mean or average of which two sums of 45/., nearly, will be about the amount of annual relief the rate would receive by the emigration of every family of labourers. However, in order to be within the truth, rather than with out it, I calculate in the estimates upon the amount of relief to the poors' rate, at only 40/. per annum, for every family of five persons emi grating, from which, deducting the contribution of 10/. per annum to the emigration fund, the remainder, or 30/. per annum for every family emigrating will be the amount of permanent relief and reduction that will take place in the rate. The following is a sketch of the principles upon which this plan of pauper emigration might be conducted, as to the selection of the emigrants, and management of the funds. s2 260 STATISTICAL ACCOUNT OF THE 1. That the families to emigrate shall be selected from every parish in England and Wales, in the same proportion to the number of paupers in each parish, that the whole num ber of families annually emigrating bear to the whole number of paupers in England ; and where the number of paupers in any parish is not such as to entitle it to supply one family of emigrants, two or more parishes shall be united for that purpose. 2. That in the first instance it shall be left to the requisite number of families from each parish to volunteer to emigrate ; and if the re quisite number shall not volunteer they shall be ballotted for; and any person selected by ballot and refusing to emigrate, shall, with his wife and children, be for ever incapable of re ceiving parochial relief in any part of England or Wales. 3. That every family emigrating shall consist of an able bodied, healthy, married labourer, me chanic, or artizan, having a wife, and, at least, two children : it being understood that none will be received but able bodied labouring men having families. 4. That a contribution of 10/. per annum, for fourteen years, shall be paid from the poors' rate SETTLEMENTS IN AUSTRALASIA. 261 to the emigration fund for every family of five persons, man, wife, and three children emi grating; and be applied in discharge of the expence of the conveyance and settlement of the emigrants at New South Wales. 5. That each emigrant shall pay a rent for his farm of 10/. per annum, in perpetuity, to com mence the third year of his settlement, to be carried to the emigration fund, and applied in carrying on the system. 6. That the money annually required to de fray the expence of the conveyance and settle ment of the emigrants, shall be raised in the first instance by loan, bearing four per cent. interest, to be secured by stock created on the rate, and guaranteed by parliament. 7. That the rate, contribution and rent shall be applied, first, in payment of the interest of the loan, then in discharge of the annual ex- pence of the system ; and the surplus as it arises in liquidation of the loan until paid off. 8. That a " Board of Emigration," be esta blished, consisting of members in England, and members in the colony of New South Wales, to conduct and manage the whole system. 262 STATISTICAL ACCOUNT OF THE The following estimate will shew the opera tion of such a system in detail. Estimate shewing : First, the annual expence of conveying and settling five thousand pauper families at New South Wales. Secondly, the period of time in which the redundant labouring population (140,481 families) may be withdrawn from England and established as freeholders there. And thirdly, the consequent reduction that would take place in the poors' rate. This estimate is made upon the principle that the amount of contribution from the poors' rate, taken at 10/. per annum, per family, for four teen years ; aided by the rent to be paid by the emigrants, 10/. per annum, commencing the third year of his settlement, will fully provide for the expence of the emigrants' removal and set tlement estimated as before shewn, at 150/. 10s. And therefore, that in the first year after the emi gration of each family, the amount of rate, over and above the contribution to the emigration fund, for that family (30/.) will be permanently reduced, and in the fifteenth year the contribu tion will be reduced. I suppose the whole expence of each annual set of families or party, to be incurred in the first instance, and the amount to be raised, by SETTLEMENTS IN AUSTRALASIA. 26S loan ; the contribution, from the rate, and the rents to be paid over at the end of the year to the emi gration fund. The interest of the loan to be paid annually, and the principle to be gradually paid off as the funds will allow, to commence as soon as there shall be a surplus of income, after paying the current annual expences. The first column shews the annual expenditure ; the second column the annual receipts; the third column the amount borrowed, or loan, each year ; and the fourth column the amount of poor's rate reduced each year. Expen diture. FIRST YEAR. Expenditure, viz. 5000 families, first party . £752,500 Interest on loan . . 30,100 Balance earned to next year 19,900 £802,500 Receipts, viz. Loan : amount borrowed this year Rate of contribution, first party Receipts. Loan. £752,500 50,000 £802,500 Amount of rate reduced, that of the first party SECOND YEAR. Expenditure, viz. 5000 families, second party £752,500 Interest on loan . 59,400 Balance, to next year . 40,600 £852,500 Receipts, viz. Balance from last year . Loan . . . . Rate of contribution, two parties £19,900 732,600 100,000 £852,500 Amount of rate reduced, second party Amount of Rate reduced. £752,500 £150,000 £732,600 £150,000 £ 264 STATISTICAL ACCOUNT OF THE Exdcii ~ THIRD YEAR. diture. Expenditure, viz. 5000 families, third party .£752,500 Interest on loan . 87,900 Balance to next year . 62,100 Receipts. Loan. Amount of Rate reduced £902,500 Receipts, viz. Balance from last year Loan Rate of contribution, three parties Amount of rate reduced, third party FOURTH YEAR. Expenditure, viz. 5000 families, fourth party . £752,500 Interest on loan . 115,500 Balance to next year . 134,500 £40,600 711,900 £711,900 150,000 £902,500 £150,000 £1,002,500 Receipts, viz. Balance from last year Loan .... Rate of contribution, four parties Rent from emigrants, first party £62,100 690,400 200,000 50,000 £690,400 Amount of rate reduced, fourth party £1,002,500 £150,000 FIFTH YEAR. Expenditure, viz. 5000 families, fifth party £752,500 Interest on loan . 140,200 Balance to next year . 209,800 £134,500 618,000 250,000 100,000 618,000 £1,102,500 Receipts, viz. Balance from last year Loan Rate of contribution, five parties Rent, two parties, first and second Amount of rate reduced, fifth party C 1,102,500 £150,000 SETTLEMENTS IN AUSTRALASIA. 265 Expen- SIXTH YEAR. diture. Receipts. Loan. Expenditure, &c. 5000 families, sixth party . £752,500 Interest on loan . . 161,900 Balance to next year . 288,100 £1,202,500 Receipts, viz. Balance from last year . . £209,800 Loan .... 542,700 £542,700 Rate of contribution, six parties . 300,000 Rent, three parties, first, second and third 150,000 £1,202,500 Amount of rate reduced, sixth party Amount of Rate reduced. 150,000 SEVENTH YEAR. Expenditure, viz. 5000 families, seventh party 752,500 Interest on loan . . 180,500 Balance to next year . 369,500 £1,302,500 Receipts, viz. Balance from last year £288,100 Loan 464,400 £464,400 Rate of contribution, seven parties . 350,000 Rent, four parties 200,000 £1,302,500 Amount of rate reduced, seventh party £150.000 EIGHTH YEAR. Expenditure, viz. 5000 families, eighth party £752,500 Interest on loan . 195,900 alance to next year . 454,100 £1,402,500 266 STATISTICAL ACCOUNT OF THE Expenditure. Receipts. Loan. Amount of Rate reduced. EIGHTH YEAR— continued. Receipts, viz. Balance from last year £369,500 Loan 383,000 £383,000 Rate of contribution, eight parties 400,000 Rent, five parties 250,000 £1,402,500 Amount of rate reduced, eighth party £150,000 NINTH YEAR. Expenditure, vizi 5000 families, ninth party £752,500 Interest on loan . 207,700 Balance to next year . 542,300 £1,502,500 Receipts, viz. Balance from last year . Loan Rate of contribution, nine parties Rent, six parties Amount of rate reduced, ninth party . £454,410 298,400 £298,400 450,000300,000 £1,502,500 £150,000 TENTH YEAR. Expenditure, viz. 5000 families, tenth party £752,500 Interest on loan - - 216,100 Balance to next year . 633,900 £1,602,500 Receipts, viz. Balance from last year Loan . ... Rate of contribution, ten parties Rent, seven parties Amount of rate reduced, tenth party £542,300 210,200 £210,200 500,000 350,000 £1,602,500 £150,000 £ SETTLEMENTS IN AUSTRALASIA. 267 Expen- ELEVENTH YEAR. diture. Expenditure, viz. 5000 families, eleventh party £752,500 Interest on loan . 221,000 Balance to next year 729,000 Receipts. Loan. Amount of Rate reduced . £1,702,500 Receipts, viz. Balance from last year Loan Rate of contribution, eleven parties Rent, eight parties Amount of rate reduced, eleventh party Note. After this year there will be no need of any further loan. £633,900 118,600 £118,600 550,000400.000 £1,702,500 £150,000 Total amount of loan . £5,522,700 TWELFTH YEAR. Amount Expenditure, viz. 5000 families, twelfth party Interest on loan 752,500 220,900 of Loan paid off Loan paid off, in part Balance to next year . 100,000 705,600 • • £100,000 £1,779,000 Receipts, viz. Balance from last year £729,000 Rate of contribution, twelve parties 600,000 Rent, nine parties • . 450,000 £1,779,000 Amount of rate reduced, twelfth party THIRTEENTH YEAR. Expenditure, viz 5000 families, thirteenth party £752,500 Interest on loan . 216,900 Loan paid off, in part 150,000 Balance to next year . 736,200 £1,855,600 £150,000 £150,000 268 STATISTICAL ACCOUNT OF THE THIRTEENTH YEAR- Expen diture. -continued, Receipt. Amount of Loan paid off. Amount of Rate reduced- Receipts, viz. Balance from last year Rate of contribution, thirteen parties Rent, ten parties £705,600 650,000 500,000 Amount of rate reduced, thirteenth party FOURTEENTH YEAR. Expenditure, viz 5000 families, fourteenth party £752,500 Interest on loan . 210,900 Loan paid off, in part . 322,700 Balance to next year r 700,100 £1,855,600 £1,986,200 Receipts, viz. Balance from last year Rate of contribution, fourteen parties Rent, eleven parties £736,200 700,000 550,000 £1,986,200 Account of rate reduced, fourteenth party FIFTEENTH YEAR. Expenditure, viz. 5000 families, fifteenth party £752,500 Interest on loan . 198,000 Loan paid off, in part - 300,000 Balance to next year . 749,600 £2,000,100 Receipts, viz Balance from last year Rate of contribution, fourteen parties, second to fifteenth inclusive Rent, twelve parties Amount of rate reduced, fifteenth party, and contribution first party £700,100 700,000 600,000 £2,000,100 £150,000 £322,700 £150,000 £300,000 £200,000 SETTLEMENTS IN AUSTRALASIA. 269 Expen- SIXTEENTH YEAR. diture. Expenditure, viz. 5000 families, sixteenth party £752,500 Interest on loan . 186,000 Loan paid off, in part . 400,000 Balance to next year . 761,100 Receipts. Amount of Loan paid off. £400,000 £2,099,600 Receipts, viz. Balance from last year £749,600 Rate of contribution, fourteen parties third to sixteen inclusive 700,000 Rent, thirteen parties 650,000 Amount of rate reduced, sixteenth party, and contribution, second party £2099,700 Amount of Rate reduced. £200,000 SEVENTEENTH YEAR. Expenditure, viz. 5000 families, seventeenth party . . £752,500 Interest on loan . 170,000 Loan paid off, in part 500,000 Balance to next year . 738,600 £2,161,100 Receipts, viz. Balance from last year Rate of contribution, fourteen parties, fourteenth to seventeenth inclusive Rent fourteen parties £500,000 Amount of rate reduced, seventeenth party, and contribution, third party . £761,100 700,000 700,000 £2,161,100 £200,000 270 STATISTICAL ACCOUNT OF THE EIGHTEENTH YEAR, Expenditure, viz. 5000 families,eighteenth party £752,500 Interest on loan - 150,000 Loan paid off in part 600,000 Balance to next year . 686,100 Expen Amount Amount diture. Receipt. of Loan of Rate paid off reduced. £2,188,600 Receipts, viz Balance from last year £738,600 Rate of contribution, fourteen parties, fifth to eighteenth inclusive 700,000 Rent, fifteen parties 750,000 Amount of rate reduced, eighteenth party, and contribution, fourth party £2,188,600 £600,000 £200,000 NINETEENTH YEAR. Expenditure, viz. 5000 families, nineteenth party £752,500 Interest on loan . 126,000 Loan, part paid off . 600,000 Balance to next year . 707,600 Receipts, viz. Balance from last year Rate of contribution, fourteen parties, sixth to nineteenth inclusive Rent, sixteen parties Amount of rate reduced, nineteenth and contribution, fifth party £686,100 . 700,000800,000 £2,186,100 £600,000 £200,000 TWENTIETH YEAR. Expenditure, viz. 5000families,twentieth party £752,500 Interest on loan . . 102,000 Loan, part paid off . . 700,000 Balance to next year . 703,100 £2,257,600 £700,000 SETTLEMENTS IN AUSTRALASIA. 271 Expen diture. Receipt. TWENTIETH YEAR— continued. Receipts, viz. Balance from last year . . £707,600 Rate of contribution, fourteen parties, seventh to twentieth inclusive 700,000 Rents, seventeen parties . . 850,000 £2,257,600 Amount of rate reduced, twentieth party, and contribution, sixth parly Amount Amount of Loan of Rate paid off. reduced. £200,000 TWENTY-FIRST YEAR. Expenditure, viz. 5000 families.twentyfirst party £752,500 Interest on loan . 74,000 Loan paid off in part . 750,000 Balance to next year . 726,600 £2,303,100 Receipts, viz. Balance from last year . . £703,100 Rate of contribution, fourteenth parties, 8th to 2 1st inclusive . 700,000 Rents, eighteen parties . . 900,000 Amount of rate reduced, 21st party, £2,303,100 and contribution, 7th party £750,000 £200,000 TWENTY-SECOND YEAR. Expenditure, viz 5000 families, twenty-second party . . £752,500 Interest on loan . 44,000 Loan, part paid off . 900,000 Balance to next year . 680,100 £2,376,600 £900,000 £ 272 STATISTICAL ACCOUNT OF THE Expen. Amount Amount diture. Receipts. of Loan of Rate paid off. reduced. TWENTY-SECOND YEAR— continued. Receipts, viz. Balanoe from last year . . £726,600 Rate of contribution, fourteen parties, ninth to twenty-second inclusive . 700,000 Rents, nineteen parties . . 950,000 Amount of rate reduced, twenty- second party, and contribution, eighth party TWENTY-THIRD YEAR. Expenditure, viz 5000 families, twenty-third party . . . £752,500 Interest on loan . . 8,000 Loan, balance paid off . 200,000 Balance to next year . 719,600 £2,376,600 S>. £200,000 £200,000 Receipts, viz. Balance from last year Rents, twenty parties £1,680,100 £680,100 1,000,000 £1,680,100 Amount of rate reduced twenty-third party, and contribution of fifteen parties, ninth to twenty-third inclu sive ..... Note. — The loan will be fully paid off this year The rents will be sufficient to defray the current expences, and the entire rate of every future party may be reduced immediately as it emigrates. TWENTY-FOURTH YEAR. Expenditure, viz 7000 families, twenty-fourth party . . 1,053,500 Balance to next year 716,100 £900,000 £5,522,700 £1,769,600 SETTLEMENTS IN AUSTRALASIA. 273 Expen Amount diture. Receipts. of Rate reduced. TWENTY-FOURTH YEAR— continued. Receipts, viz. Balance from last year . . £719,600 Rents, twenty-one parties . . . 1,050,000 £1,769,600 Amount of rate reduced, twenty-fourth party . . £280,000 TWENTY-FIFTH YEAR. Expenditure, viz. 8000 famihes, twenty-fifth party . £1,204,000 Balance to next year . 612,100 Receipts, viz. £1,816,100 Balance from last year . . £716,100 Rents, twenty-two parties . . 1,100,000 £1,816,100 Amount of rate reduced, twenty-fifth party . . £320,000 TWENTY-SIXTH YEAR. Expenditure, viz. 10,481 families, twenty-sixth party . £1,577,400 Balance in hand . . 184,700 Receipts, viz. £1,762,100 Balance from last year . . £612,100 Rents, 23 parties . . 1.150,000 £1,762,100 Amount of rate reduced, twenty-sixth party . . £400,000 Total amount of rate reduced in twenty-six years . £5,600,000 Total number of families emigrated . . £140,481 Total amount of colonial rents . . £1,400,000 Total value of rate, reduced, at 4 per cent, or twenty- five years' purchase . . . £140,000,000 Total value, of colonal rents, at 5 per cent., or twenty years' purchase . . £28,000,000 Both . £168,000,000 VOL. II. T 274 STATISTICAL ACCOUNT OF THE The principle of this plan is obvious ; the establishment of pauper emigrants in New South Wales, by first applying the disposable convicts' labour in that colony, to the prepara tion of farms for that purpose ; secondly, a comparatively small contribution from the poors' rate, 10/. per annum, for fourteen years, for every five persons, or 21. each person emigrating ; and thirdly, a return from the emigrants themselves, in the shape of a moderate rent, for the advantages they receive. This plan does not call for the imposition of any ad ditional expence upon any class or fund in the state. The convict labourers, proposed to be employed in it, will neither create or require any additional expence. So far from adding to the poors' rate, the great feature of it is the im mediate and permanent relief it will afford the rate. What parish in England would not be benefitted, by getting rid of all its paupers, and redundant labourers, at an expence for every family of five persons, of only 10/. per annum, for fourteen years? In what parish, however favourably circumstanced relative to pauperism and rate, would not such a plan effect an imme diate, permanent and considerable saving in the rate ? The rents to be paid by the emigrants, will be moderate in themselves, and such as they can well afford to pay, yet so considerable in the aggregate, as after a certain period, to pay the SETTLEMENTS IN AUSTRALASIA. 275 whole expence of the system, and carry it on without aid from any other source ; and further more yield a revenue more than adequate to the future expence and maintenance of all the con victs, that may be hereafter transported to New South Wales. Indeed it is capable of demonstra tion, that the effect of the plan would be, not only to remove pauperism and reduce poor's rate ; but to defray the entire expence of the criminal police of the empire. I apprehend there can be little or no difficulty in carrying such a system of pauper emigration into effect. With respect to the colony of New South Wales, it is, I think, perfectly clear, that there exists no difficulty as to climate, abun dance of good land, and more than sufficient means in the hands of the government, to fit and prepare it for the reception of poor emigrants. With respect to England, this system requires no alteration whatever in any existing law or institution relative to the poor ; it may be car ried on to a greater or lesser extent, and will be beneficial in each. There can be no difficulty in selecting the emigrants, for I believe there is not a pauper in England, who would not be very glad indeed to exchange his condition as a pauper, for that of a freeholder upon his own estate in New South Wales ; indeed I apprehend the difficulty would rather be, not in selecting, t 2 276 STATISTICAL ACCOUNT OF THE but in rejecting the immense numbers that would offer themselves, inasmuch as the advantages held out to the emigrant, are far greater than he can ever expect to enjoy at home. With respect to the funds to defray the expence, this system calls for no new tax or burthen of any kind ; it merely requires that a small portion of that money, which the overseer has to pay the pauper for his subsistence at home, shall, and only for a short period, be paid over to the emi gration board, for his, the paupers' settlement abroad. The system will be most beneficial in a variety of ways. By the employment of the convicts in New South Wales in this way, it will be made a school of correction and reform to them, and more than compensate the state for the ex- pence of their maintenance ; it will convert them into profitable labourers. It will create a truly British colony, rich in climate, soil, and natural resources, whereby the market for British industry and manufactures will be con siderably enlarged, and her maritime and mer cantile power in the Indian and Pacific Oceans placed on a footing, 'the advantages of which are incalculable. The system will give employ ment annually and regularly to 50,000 tons of shipping, and 4,000 seamen, in the mere trans port of the emigrants, a matter in itself of no SETTLEMENTS IN AUSTRALASIA. 277 / / little importance. The country will not only be progressively relieved from the burthen of subsisting a great number of its paupers, but benefited most materially in having those very paupers converted into profitable growers of produce and consumers of manufactures ; from being burdensome paupers they will become valuable customers. In a word, this system, if carried into effect, will in time relieve England of her paupers, and convert them into produc tive and profitable members of the state, reduce her poors' rate, raise the wages of labour to its just and natural standard, and realise all those other moral and political advantages that must naturally and necessarily result from the gra dual extinction of pauperism and poors' rate. It may be objected to this measure, that it will not succeed in carrying off, or at least in reducing the redundant labouring population, for that the reduction effected by emigration will be immediately or very soon filled up again by the stimulus thereby given to increase. There may be something in this objection if it be true, in fact, that the population is not at present excessive ; if the number of labourers of every description, be not greater than the demand for labourers ; if the wages of labour be sufficient to subsist all that part of the popula tion, which depends upon wages for subsis- 278 STATISTICAL ACCOUNT OF THE tence ; then indeed, the vacancy created by the removal of any part of that non redundant and well paid population, will very soon be supplied. But until the supply and demand for labour is brought to something near this state, I very much doubt whether this system of gradual emigration would act as a new and additional stimulus to the increase of population. It has been said, provide means of subsistence for the poor, and you will thereby inevitably increase population ; you offer a premium for it, as in the instance of the law of relief ; by that law subsistence is secured to every person, whether there be employment for him or not, and the consequence is excessive population, and your system of emigration will have the same effect. Now, in the first place, it is not quite so clear that the increase of population has, in any con siderable degree, resulted from the operation of the poor laws ; for, as has been well remarked in the preliminary observations to the Popula tion Abstracts, 1821, " Although in Scotland there is no poors' rate, the ratio of increase (in the population) since 1811, has been nearly six teen per cent., while in England it has been no more than eighteen per cent., a small difference, and such as probably would be expected had poors' rate equally, or not at all, existed in both countries :" and a stronger instance we have in Ireland, — there no relief of any kind is, by law, SETTLEMENTS IN AUSTRALASIA. 279 provided for the poor, and yet the population has increased in a greater ratio than in either England or Scotland. Experience serves to prove, therefore, that the poors' rate has no in fluence in excessively promoting population. And it is, I think, fairly to be concluded, that emigration, upon the limited extent and gradual operation here proposed, will not tend to pro duce an excessive or additional ratio of increase in the population. By emigration only can the labouring popu lation be placed in such a condition as to allow the operation of any of those plans that have been suggested as preventatives to excessive population or increasing pauperism and poors' rate. It has been recommended by the Parlia mentary Committee of 1817, page 10 of their Report, that " the amount of assessment may be limited for the time to come." But how can this be effected, unless you also limit the num ber of paupers or claimants on the rate ? And how can you limit the number of paupers, unless by providing for them in some other way ? They cannot be limited by mere force, much less by the operation of an act of parliament : however omnipotent that may otherwise be, I fancy it will neither satisfy hunger, or provide food and employment where neither existed before. But when you reduce the number of paupers by 280 STATISTICAL ACCOUNT OF THE emigration, thus enabling them no longer to be paupers ; when you find that the demands upon the rate gradually and regularly diminish, and that the wages of labour is becoming more and more sufficient to subsist the labourer, then indeed you may limit the amount of assessment for the time to come, because you have pro vided for the effectual and continual diminution of the number of claimants upon it. The same committee recommend that no relief should be given in aid of the wages of labour, and that no person should be provided by the parish with work ; but they apprehended this could not be effected in the then state of the country. Nor can it be effected in any state of the country until there shall be full em ployment for the entire labouring population, and the wages of labour becomes sufficient for the subsistence of the labourer without any other aid. Such circumstances can be brought about only by either the decrease of labourers, or increase of employment ; the latter, to any extent, is not now to be looked for, and the former can be effected only by emigration ; and when so effected, then there would, in fact, be no necessity for parochial relief in aid of wages, and a law might be safely enacted to prevent it in future. SETTLEMENTS IN AUSTRALASIA. 281 The same Committee further suggested, " whether, when the demand for labour may have revived," relief should be extended only in proportion and relatively to the number of children, between certain ages, above the num ber which the average rate of wages would enable a man to maintain ; as, for instance, sup posing the average wages of labour to be suf ficient to maintain the labourer, his wife and two children, then relief to be given only where the number of children is more than two, and of such an age as not to be able to earn their own subsistence ; the number, above which relief is to be afforded, to be gradually increased to three, four, and so on, as the wages of labour becomes more adequate to subsistence. Now this measure can be adopted only upon such a revived demand for labour, as that the wages will enable the labourer to maintain the number of children, below which relief is not to be afforded. The demand for labour has revived, and is now as great as it will, or can be ex pected to be ; but the wages is not sufficient to enable the labourer to do that which is requisite, for the above purpose ; and it can be raised, in such a degree as to enable him to do so only by removing the redundant labourers, whose com petition keeps down the rate of wages. The emigration of the redundant labouring popu lation, therefore, and perhaps that only, can 282 STATISTICAL ACCOUNT OF THE bring about that state of things, in which it will be possible, or safe, to adopt such a measure. In short it appears to me, that no plan that has been hitherto suggested for the diminution of pauperism, and the reduction of poors' rate, whether it be by limiting the amount of assess ment ; by compelling men to depend upon their own resources for subsistence ; by raising the wages of labour; or by imposing restraints moral or political on marriage ; can be possibly carried into effect, or, indeed, at all adopted, until the wages of labour becomes sufficient for the subsistence of the labourer ; until the present redundant labouring population be otherwise provided with employment and sub sistence ; until the number of labourers be re duced, so as not to be greater than shall be sufficient to perform the labour to be done ; and this can be effected only by emigration. Then, indeed, every sound and reasonable re medy, both as a present corrective and future preventive of pauperism and poors' rate may be safely resorted to, and adopted with every hope of success ; and freed from the apprehen sion of all those dreadful consequences which, under the present state of the labouring popu lation, any great or sudden change, in the shape of restraint or reduction of relief would be sure to produce. SETTLEMENTS IN AUSTRALASIA. 283 In the foregoing thoughts upon pauper emi gration, which I have taken the liberty of re spectfully submitting to your consideration, Sir, as being at the head of the police of the country, I am sensible there is nothing new ; indeed, novelty of any kind is what I have endeavoured to avoid : and the only merit I claim (and that is purely accidental, arising from a residence of several years in the colony of New South Wales, and a not inattentive consideration of its means and resources) is a knowledge of the great means possessed by the government, in that colony, of fitting it for the reception of pauper emigrants on an extensive scale, and the suggesting this plan of emigration : which I conceive will have the effect of very greatly diminishing pauperism and poors' rate, without any additional expence to the public, and without any increased assess ment of rate ; — and fraught with many other advantages,— in making New South Wales a still better and less expensive school of correc tion for convicts ; in promoting the welfare and prosperity of that colony ; in very greatly bet tering the condition of the poor emigrants who may be settled there ; and in tending to correct and prevent all those moral and political evils which the wisest men justly apprehend will, sooner or later, result from pauperism and poors' rate, unless a very considerable change be effected in both. 284 STATISTICAL ACCOUNT OF THE The foregoing plan and estimate, it will be seen, have reference solely to England, where only the funds from which the expence is pro posed to be derived, poors' rates, exist ; but it is evident the system may be made equally appli cable to Ireland, if means could be devised of raising the necessary expence by some way in the nature of assessment. County and Baronial assessments, for erecting bridges, roads, jails, and other public buildings ; and parochial assess ments, for erecting and repairing churches, are familiar to and of long standing in Ireland : and there seems to be no difficulty in framing paro chial assessments, for the purpose of enabling the redundant pauper labouring population to emigrate. There can be no reason to appre hend that such an assessment would be liable to the mischief of the poors' rate in England : for, instead of tending to increase an already re dundant population and promote idleness, its object, purpose, and effect, would be to reduce the population and provide employment for those who might emigrate, as well as for those who would remain at home. It would, perhaps, be desirable, that the an nual contribution raised by assessment should be as low as possible, and therefore necessarily extended over a greater period of time. Thus, instead of a contribution of 10/. per annum, per SETTLEMENTS IN AUSTRALASIA. 285 family, for fourteen years, as proposed for Eng land, the contribution may be extended over a period of twenty, thirty, or forty years ; the longer the period the less of course, would be the annual amount. Supposing the contribution to be extended to forty-two years, it may be sold, or in other words, converted into a ter minable annuity for that period. It is not necessary, in this place, to go into the details of a calculation, similar in principle to that before given : but it is capable of de monstration (and the details are ready to be submitted) that a contribution of two pounds twelve shillings per annum, for forty-two years, for every family of five persons, in the following proportions; man 16s., woman 12s., children, three, each 8s. ,• would be quite adequate with the rent the emigrant would pay in the colony, to defray the expence of the conveyance and settlement of such a family in New South Wales. Such a sum would, surely, without any great difficulty be raised by assessment and paid over to the Emigration Board, by whom, if necessary, it could be sold in the nature of terminable annuities for that period. Of course such an assessment should be established by authority of parliament, and charged upon the land; nor could there be much difficulty in regulating 286 STATISTICAL ACCOUNT OF THE existing interests as to the payment of it. lam aware there exists, among the Irish gentry, an universal, and indeed just, disinclination to the introduction of any thing like poors' rate into that country: but, I do think that an assessment of this nature, and for the purposes here proposed, would not produce any one of the mischievous results of the poor laws of England. I am not aware of any other possible mode by which the expence of pauper emigration, to anything like an useful extent, can be provided for. And if the Irish land proprietors, from any ill-grounded fears of the mischief of poors' rate, will not agree to the adoption of some such means for promoting the emigration of the redundant population of Ireland, but will be looking to the imperial government, or in other words to taxes to be levied on the people of England (who have, certainly, no right to pay for the emigra tion, or otherwise support the redundant popu lation of Ireland ; to keep up the excessive rents and encrease the incomes of the Irish gentry) they will give just reasons for suspecting that they are influenced rather by motives of private and individual, though mistaken inte rest, than by patriotism and humanity : and their encreasing distresses will meet with little com miseration, as they may be fairly attributed to themselves. If every poor family of five per- SETTLEMENTS IN AUSTRALASIA. 287 sons can be comfortably settled in New South Wales, at the very trifling expence to the country of two pounds twelve shillings per annum, for forty-two years, I think the mouths of the Irish gentry, as to all claims of relief from the impe rial parliament, must be stopped; and if they will not consent to incur so trifling an expence for such a purpose, perhaps it will be said, they deserve to suffer all the mischiefs of a redundant, unemployed, starving population. I have proposed, that five thousand families should annually emigrate from England, a like number of families from Ireland could be also as well provided for in New South Wales ; for the number of crown labourers, in that colony, now at the disposal of the government is quite sufficient to prepare ten thousand farms every year for the reception of poor emigrants. If a greater number than ten thousand families in the whole, were to be sent out annually, then it would become necessary to employ all above that number, the first year of their settlement, in erecting houses and preparing farms for them selves ; creating a further expence of a year's provisions and clothing. The emigrant put in possession of a house and farm, ready prepared, will require only one year's subsistence; whereas the emigrant having to erect the house and pre pare the farm, one complete year's labour, will 288 STATISTICAL ACCOUNT OF THE require two years' subsistence before he can maintain himself by the produce. I have the honour to be, Sir, Your most obedient humble Servant. POSTSCRIPT. Subsequently to preparing these papers for the press, I had occasion to refer to the Parlia mentary Report, (July, 1823,) on the employ ment of the poor in Ireland, where I was gratified to find that a plan of pauper emi gration to Canada, similar in principle to mine, had been submitted to the government of this country, by Colonel Talbot, of the Talbot settlement in that province. Although the principle of Colonel Talbot's plan, as far as the application of a certain part of the poors' rate to the expence of the emigration and settle ment of the pauper in one of our colonies, is similar to mine ; yet they differ very materially in the detail. It appears by the estimates submitted to the above committee, that the expence of conveying the emigrants to their destination in upper Canada, and supplying them with provision for SETTLEMENTS IN AUSTRALASIA. 289 one year there, would be for each man 35/., every woman 25/., and every child under four teen years of age 14/. ; or for man, wife, and three children 102/. In this estimate clothing, bedding, and ship furniture, for the passage out, clothing during the first year at the settlement, furniture and agricultural implements are not included, neither is the expence of erecting a dwelling house, clearing any part of the land, or erecting a barn, at all taken into the account ; all which are absolutely necessary for pauper emigrants, and allowed for in my plan. I have had some experience as to the period of time, in which a poor man, by his own labour, can erect a hut and bring such a portion of forest land into a state of culture and tillage as will be sufficient to maintain his family in New South Wales ; a country far more favourably circum stanced, as to the labour and expence of clear ing land, than Upper Canada : and I have no hesitation in saying, that the erection of a log- hut, and clearing and cultivating sufficient land, to subsist a family by the produce, cannot be done, by one pair of hands, in less than two years. Now, from the statement made to the committee, it appears that the cost of clearing land in Upper Canada is at least 4/. 10s. per acre, and that the labour of oxen is absolutely necessary in the process of burning off the timber, which it seems is very heavy and abun- VOL. II. u 290 STATISTICAL ACCOUNT OF THE dant on the land. I have consulted other authorities, Howison, Gourlay, and Strahan's hooks, and I find that the expence of erecting a log-hut is from 12/. to 301. ; that grain is never stocked in the open air, but always put in a barn, and the general cost of erecting a. barn is* from 30/. to 60/. ; that the cost of clearing land is from 4/. 10s. to 6/. per acre ; that the ground is covered with snow firom December to March ; and cattle must be fed in house, or yard, from November to April. Now, I say, that under such circumstances, where the labour of clear ing land is so great, and in fact, absolutely re quiring the assistance of oxen ; the labour of erecting a house and barn, both of which are absolutely necessary, so very considerable ; and the utter impossibility of procuring labour un less at an enormously high price ; it is impos sible for a pauper emigrant, with no other means than his own pair of hands, to erect a house and barn, and clear and crop a sufficient quantity of land in one year, to maintain him self and his family from. I say, that during the single year he is to be supplied with provisions^ foe wiU not be able, on such a farm, with all his iadustey, to do more than erect his hut and de.ar without cropping a small portion of his land. That it will occupy the whole of the seeond year to clear and crop a sufficient quantity of land to. grow produce to subsist on ; and that it will SETTLEMENTS IN AUSTRALASIA. ^91 be the third year before the produce can be ap plied to the actual maintenance of his family ; until whieh time he must receive rations or starve. And I further say that he cannot stop on the farm at all, unless a house is previously erected for his reception ; and that it would be worse than folly to place a pauper Upon such a farm, in such a climate, without a house to put his head in, or a particle of land cleared fit to cultivate. I know well that poor emigrants cannot possibly succeed, with only one year's supply of provisions, in any uncultivated coun try, unless they obtain farms whereon houses are erected, and so much land ready cleared to cultivate as that they may commence crop ping, at the outset, a sufficient quantity to afford them subsistence the next year. In New South Wales, where labour is more abundant and far cheaper than in Canada ; where the labourer can work all the year, winter as WeU ste slimmer ; and where the character of the country is open forest, what in Canada is called " plain land ;" and where the entire expence of clearing land is only 28s:. per acre ; it requires, at least, two years before the settler can derive subsistence from his farm. And sure I am^ from a consideration of the statement submitted to the committee, and the report of all1 who Have written oh Canada, that subsistence cafriflbt be" obtained from the land in a less period in u2 292 STATISTICAL ACCOUNT OF THE that province, even by settlers possessed of some capital, much less by pauper settlers pos sessed of no capital. And I do, therefore, con clude that, taking the estimates submitted to the committee to be correct as far as they go, there should be added the expence of clothing, bedding, and ship furniture for the passage : furniture, and agricultural implements, for the house and farm ; clothing for the settler, for at least two years after his arrival at the farm ; provisions for another year, and the expence of erecting a log house ; which several items will be as follows : Expence of the passage, and con veyance to the farm in Canada, of a man, wife, and three chil dren, according to Colonel Tal bot's estimate . - - £102 0 0 Provisions for the second year, same as first, in the same estimate 32 10 0 Bedding, clothing, &c. for the pas sage same as my estimates - 9 18 0 Household furniture, and agricul tural implements, same as my estimates - - - - 8 15 0 Clothing, two years, same as my estimate - - - - 17 0 0 Cost of erecting a log house, 1812 18 0 0 £188 3 0 SETTLEMENTS IN AUSTRALASIA. 293 to defray which a terminable annuity for 25 years, of 12/. 3s. 5\d. would be necessary in stead of 61. 10s. 9c?. as stated in the estimates submitted to the committee. In making a comparison between Upper Canada and New South Wales, as to fitness for the reception and settlement of pauper emi grants, the advantages seem to be clearly on the side of New South Wales. As to climate, New South Wales is certainly superior, because it is not only milder and more healthy, although Upper Canada seems to be sufficiently healthy, but the labourer is not impeded any part of the year through in his labour ; he is not prevented by the severity of winter from carrying on his agricultural pursuits. As to soil, it seems to be excellent in Canada, but it is equally good in New South Wales ; and indeed the average produce in both countries is nearly the same, with the exception of maize, which is far greater in New South Wales. But New South Wales has an in calculable advantage, and one which outweighs all others, in the excellent and unlimited extent of its natural pastures ; no other fodder, winter or summer, is requisite for horned cattle, horses and sheep ; there exists no necessity either for growing grasses or providing winter food for any description of cattle, except working cattle. Neither is the land so heavily timbered as in 294 STATISTICAL ACCOUNT OF THE Canada, and it is consequently cleared and brought into cultivation, with much less labour and expence, being as before stated for falling or chopping, and clearing, 28s. per acre. The produce of both colonies is nearly of the same kind, with the exception of fine Merino wool* which is becoming and will be the great staple of New South Wales,, a staple, equally valuable for the polony and the mother country ; and such as Canada from the nature of jts climate and pastures cannot possess. And above all, with regard to the public means at the qomman4 pf the government, I mean the convicts' labour ; for the preparation of farms for poor emigrants, nothing of the kind exists in Canada, And further, in reference to expence it has been seen, that although Canada is so much nearer than New South Wales, yet> owing to the great extent of land carriage, the scarcity pf labour, the difficulty of erecting houses, and of clearing land, and the severity of the climate, it will cost one-fourth more to settle a family in Canada, than in New South Wales ; and that when set tled in the latter colony, the emigrant can make a direct return or compensation in the shape of rent ; whereas it does not appear that when set tled in the former, he can make any direct re turn whatever. SETTLEMENTS IN AUSTRALASIA. 295 With respect to the funds required for carrying on the one system and the other there is a most material difference. It appears that the entire expence of settling the pauper family in Canada, 188/. must come from the poor's rate, or some similar fund, and if raised by way of terminable annuity for twenty-five years, would require 12/. 3s. 5\&. per annum for that period, and if by contribution, for fourteen years, would re quire 20/. a year for that term. On the other hand, a part only of the expence of settling the pauper in New South Wales, is required for the poor's rate, namely, a contribution of 10/. for fourteen years, or an equivalent terminable an nuity for twenty-five years, 61. 8s. 6d., so that the expence of the one system, would cost the public nearly double that of the other ; and, from the different circumstances of the two colonies, would, I am sure, cost more than double ; for in the one, New South Wales, the expence of carrying out is scarcely greater than to the other, while the expence of preparing the farms is very considerably less, and the emigrant himself will be enabled to contribute largely to the expence of his settlement. On the whole then it appears to me, beyond question, that New South Wales is of all our colonies that in which pauper emigrants can be settled with the least expence to the public; 296 STATISTICAL ACCOUNT OF THE with the greatest advantage to the paupers them selves, and with the greatest benefit to other great public interests; and that its superiority over Canada, for this purpose, consists in the mass of disposable convicts' labour at command there ; the greater facility and the less labour and expence of clearing and cultivating land ; the superior mildness of its climate ; and the un limited extent and superiority of its natural pastures. SETTLEMENTS IN AUSTRALASIA. 297 The following most gratifying intelligence has been received from New South Wales, by the last arrivals, January, 1824. Mr. Oxley, the Surveyor General, who had gone on an expedi tion to explore the coast to the northward of Port Macquarie, succeeded in discovering a river of considerable magnitude, which discharges ts elf into Moreton Bay, in lat. 28, south, about 400 miles to the north of Port Jackson. This river Mr. Oxley named the " Brisbane," it is three miles wide at the entrance ; he ascended it upwards of fifty miles, and found the depth usually from three to nine fathoms all the way ; but at about 20 miles from the sea, it is crossed by a ledge of rocks, over which there are only twelve feet at high water. The tide was found to rise four feet and a half at the distance the river was explored^ and it ran upwards of four miles an hour. In consequence of his stock of provisions being nearly exhausted, Mr. Oxley could not devote any more time to exploring the river then, but on ascending an eminence in the neighbourhood of it, he could distinctly trace its course for probably forty miles further 298 STATISTICAL ACCOUNT OF THE from where he stopt. The country on the banks of this river, is described as being all around an undulating level, abounding with very superior timber, the soil rich and well covered with grass ; not subject to flood, as the highest marks of it seen, were not more than seven feet above the then level of the river, which was considerably within the banks. The river came from the south west, in the direction of the marshes into which the river Macquarie discharges itself, and of which it is expected, and indeed seems not improbable, that it will prove to be the outlet ; being at no greater distance in a direct line than three hundred and fifty miles, from the point where the marshes were discovered by Mr. Oxley, in his former expedition when exploring the Macquarie river. This river is deemed of such importance, that the governor intended to pro ceed and explore it in person ; and if it should prove to be the outlet of the Macquarie River and marshes,, and to run through the same description of country, as that for the last 100 miles of its course, its value in such a climate, for the production of the olive, tobacco, flax, the vine, and fine wool, combined with the facilities of* its navigation, will render it by far the most important discovery yet made in Australasia. Mr, Oxley also discovered another river of no inconsiderable magnitude, q, little, to, the south- SETTLEMENTS IN AUSTRALASIA, 2Q9 ward of the Brisbane, which he named the Tweed, it discharges itself into a fine bar hajjv hour, having fourteen feet water on the bar, ajjd the country around seemed very good, Another river, which he named the Boyne, was found to discharge itself into Pert Curteis, Mr, Oxtey, whose indefatigable services in exploring the country, have been sq meritorious, intends to proceed immediately on another journey of disr covery, which it is hoped will be as successful as the last. It has been observed that the route over the Blue Mountains to Bathurst, is of such a nature as to be almost entirely unfit for wheel carriages of any kind ; but a new route has been lately dis> covered byway of Richmond (by Mr. Bell, jun.) which passes through a well watered, fertile, country. The road to Bathurst by this route, will be several miles shorter than by the old one, besides being comparatively level, and nearly free from all the obstacles which render the other so disagreeable and inconvenient. The land in this newly discovered tract of country, is found to be so good, that the veteran corps lately dis tended, and the members of which are to be •established as settlers, are to have thfe tads, located to them in it. In consequence of the heavy duty impo&ed 300 STATISTICAL ACCOUNT OF THE on foreign tobacco imported, the cultivation of that article has been so extensive, as to render the colony in future independent of foreign sup plies. The manufacture of colonial spirits had not commenced in January, but a large distillery was nearly erected in the vicinity of Sydney for that purpose, and was expected soon to be in operation. The olive plants taken out a few years since by Mr. M' Arthur, have been pre served and multiplied ; and it is expected will in time prove a valuable article of culture in the colony. The country is rapidly clearing by means of the government clearing gangs, com posed of the convict labourers, the settler pay ing the government in produce, five bushels of wheat per acre, for clearing the land so as to make it fit for the plough. Some bees taken out three years since, have thriven and thrown off several swarms, some of which, had escaped into the woods, where, from the favourableness of the climate and country, there is no doubt they will multiply fast ; and wild honey and wax are thus likely to be added to the other products of Australasia. A stage coach, with four horses, has been established, and now runs daily between Sydney and Paramatta ; it leaves Sydney in the morn ing, and returns in the evening. A handsome spring caravan, with two horses, fitted up for SETTLEMENTS IN AUSTRALASIA. 301 passengers, also, runs daily between Paramatta and Sydney, leaving the former place in the morning, and returning in the evening. These conveyances were found to answer so well, that another stage coach was preparing to run be tween Paramatta and Windsor ; a caravan between Paramatta and Liverpool ; and a second caravan between Sydney and Para matta ; by which means travellers can now proceed by daily stages to the principal towns of the colony. A tread-mill for grinding flour, has lately been erected by the government at Sydney, and others are to be erected at the several towns. A considerable quantity of New Zealand flax, has been procured from that place, and the dressing of it, according to the New Zealand mode, introduced into the Female Penitentiary at Paramatta. The prices of the colony pro duce continued very low, too low indeed in comparison with the prices of labour, and ex pences of agriculture ; and as the government was making every exertion to reduce the price of tlie colony produce on the one hand, and to levy an enormous taxation, the far greater part of which is not applied to colonial purposes or im provement ; on the other, a general depression and spirit of dissatisfaction seem to prevail in the colony : notwithstanding which, such is the 302 STATISTICAL ACCOUNT OF THE ^nte^ptize' and industry of the colonists, that in the course- of the year 1823V being the first year that tile former prohibitory duties on NeW South Wales1* Wool, oil, and timber, imported into EftglaHd, were removed, Ho less than sixteen ships laden With colony produce, cleared from New South Wales*, and Van Diemen's Land, for .England. If NeW SbMh Wales, with a government, which, for the last three years has been anything but a fostering or beneficial one for the colony ; tefeoriring under a most enormous and unneces sary load of taxation, for in what other colony Was it eve? known, that most oppressive taxes were imposed and continued on the very produte of the Colony, to an amount more than double What the colony expenditure required, and for the sole' purpose of Making loans without ac count, cheek, or benefit to the colony, with a ftiOst vicious system of jurisprudence, the evils of Wftiteh Were multiplied a thousandfold in its administration' ; with duties on its produce im ported into the mother country, amounting to a prohibition^ with its navigation cramped, its resources Unknown, and its' industry depressed. If I say, NeW South Wales, under all these de pressing circumstances, has arisen to be what it flow is", What may not its progress be fairly ex pected1 to* be' in future, when the colony govern- SETTLEMENTS IN AUSTRALASIA. 303 ment shall come to understand and cherish the colony interests ; and the Jew peddling that now prevails shall cease ; when the new system of jurisprudence comes into operation ; when the enormous and unnecessary taxation shall be reduced ; and now that the restrictions upon its navigation, and the prohibitory duties upon its produce imported have been removed ; judging from the past, we may fairly infer that its future progress in industry and prosperity, will be far greater than during any former period, and that it will soon become the most valuable and impor tant colony belonging to the crown. APPENDIX. CIVIL ESTABLISHMENT AND PUBLIC INSTITUTIONS IN AUSTRALASIA. NEW SOUTH WALES. Government Department. Captain-General, Governor, Vice-Admiral, and Com mander of the Forces, Major-General Sir Thomas Brisbane, K. C. B. Lieut.-Governor Colonel Wm. Steuart, Lieutenant- Colonel 3d Foot. Members of Council. The Governor. Lieut.-Governor. Hon. Francis Forbes, Esq. Chief Justice. Frederick Goulburn, Esq. Colonial Secretary The Venerable John Hobbes Scott, Archdeacon. Colonial Secretary, Fred. Goulburn, Esq. Agent for the Colony, The Hon. Warwick Lake, Colonial Agent in the Secretary of States Office, Edward Barnard, Esq. VOL. II. x 806 APPENDIX. Judicial Department. — Court of Appeals. Judge - The Governor. Registrar - Frederick Goulburn, Esq. Supreme Court. Judge - - Francis Forbes, Esq. Attorney-General — Saxe Bannister, Esq.. Solicitor-General — John Stephen, Esq. Master in Equity — William Carter, Esq. Sheriff - - Macaness, Esq. Clerk of the Peace. Barristers - - R. Wardell, Esq. L.L.D. W. C. Wentworth, Esq. Solicitors - - Fred. Garling, Gent. W. H. Moore, Gent. James Norton, Gent. Thomas D. Rowe, Gent. C. H. Chambers, Gent. George Allen, Gent. Judge RegistrarMarshal Vice- Admiralty Court. Frederick Goulburn, Esq. - John Thomas Campbell, Esq. Court of Requests. Commissioner - John Stephen, Esq. Court of General and Quarter Sessions. Chairman APPENDIX. Coroners. Sydney - - Parramatta - LiverpoolRichmond - Windsor - George Milner Slade, Gent, John Eyre, Gent. Thomas Carne, Gent. Thomas Hobby, Gent. John Howe, Gent. Police. Principal Police Magistrates at Sydney : Magistrate — D. Wentwortl James. Milcham, Esij. 307 Parramatta Windsor Liverpool - Campbell Town John Thomas Campbell, Esq. John Piper, Esq. Fred. Goulburn, Esq. Edward Riley, Esq. Thomas M'Vitie, Esq. William Wemyes, Esq. John Oxley, Esq. James Bowman, Esq. Alexander Berry, Esq. Edward Woolstonecroft, Esq. H. G. Douglass, Esq. Donald M'Leod, Esq. Morris Barlow, Esq. William Cox, Esq. John Brabyn, Esq. John Harris Thomas Moore, Esq. Richard Brooks, Esq. Charles Throsby, Esq. H. C. Antill, Esq. Rev. Thomas Reddall. William Browne, Esq. am APPENDIX. Bringelly - Robert Lowe, Esq. Castlereagh Rev. H. Fulton. John M'Henry, Esq. Prospect William Lawson, Esq. Minto William Howe, Esq. Richmond A. Bell, Esq. Newcastle H. Gilman, Esq. E. C. Clore, Esq. Bathurst - — Morrisett, Esq. Port Macquarie, — Allman, Esq. New Zealand Rev. H. Butler. Ecclesiastical Department. Archdeacon of Australasia — The Ven. J. Hobbes Scott. Chaplain — Reverend Samuel Marsden. Assistant Chaplains at Sydney - Rev. William Cowper. Rev. Richard Hill. Parramatta - Rev. Thomas Hassall. Liverpool - Rev. R. Cartwright. Windsor - Rev. John Cross. Castlereagh - Rev. H. Fulton. Campbell Town-Rev. Thomas Reddall. Newcastle - Rev. G. A. Middleton. Roman Catholic Chaplains - Rev. — Connally. Rev. — Therry. Minister of the Church of Scotland — Rev. D: Lang. Methodist Ministers - Rev. Geo. Erskine. Rev. B. Cawosso. Rev. Wm. Walker. Rev. Wm. Horton. Rev. Walter Laurie .U'l'ENDIV. 309 Medical Department. Principal Surgeon- First Assistant Assistants at Sydney Parramatta Windsor Liverpool Newcastle - Port Macquarie - -James Bowman, Esq. James Milcham. Thomas B. Allen. James Mitchell. H. G. Douglas, M.D. Major West. Patrick Hill, R.N. George Brooks. Francis Moran, M. D. Commissariat Department. Deputy Commissary General - - Assistant ditto, ditto of Accounts- Deputy Assistant ditto ditto - Ditto ditto ditto - Ditto ditto ditto - Clerk Store-keepers at Sydney - ParramattaLiverpoolNewcastle Bathurst Emer Plains Port Macquarie Wm. Weinyss, Esq. -Wm. Lithgow, Esq. Wm. Cordeaux, Esq. Thos. Walker, Esq. Peter Roberts, Esq. George Miller. G. Harper. John Gaggin. W. Alexander. George Lang. J. M. Wilson. William Innes. Alexander Still. James Sco't. G. Smith. 310 APPENDIX. Surveyor General's Department. Surveyor-General Assistant-Surveyors Coll. of Quit Rents John Oxley, Esq. - Mr. William Harpur. Mr. Henry Danger. Mr. Hoddle. Mr. M 'Brian. Mr. P. Cavanagh. Engineer, Public Works' Department. Engineer and Inspector of Government Works — Capt. John Ovens, 74th Reg. Assistant ditto - - Lieut. Croker - 48th Reg. Principal Superintendent, Mr. William Hutchinson. Superintendents of Flocks and Herds Superintendents at Sydney Parramatta WindsorRooty Hill. - Castle Hill - Emer Plains - Macquarie Town LongbottomGrove Farm D. Johnstone, Gent. John Wild, Gent. Mr. James Robertson. Mr. G. W. Paul. Mr. W. HiU. Mr. Richard Rouse. Mr. John Field. Mr. F. StiU. Mr. George Blacket. Mr. William Bennet. Mr. P. Murdock. Mr. T. Watson. Mr. Thomas Miller. Mr. John Smith. Trustees and Commissioners of Roads. D. Wentworth, Esq. James Mileham, Esq. Simeon Lord, Esq. Thomas Moore, Esq. APPENDIX 311 Revenue Department. Naval Officer Assistant ditto - Treasurer - WharfingersSurveyor of Excise John Piper, Esq- John Piper, jun. Gent. William Balcombe, Gent. Mr. W. Hutchinson. Mr. George Panton. Naval Department. Master Attendant and Harbour Master - John Nicholson, Esq. R. N. Deputy - - Mr. W. L. Edwardson. Pilots at Port Jackson — W L. Edwardson. John Gray. Richard Siddins. Port Hunter - \V. Eckford. Port Macquarie - - Richard Neave. Post Master Government Printer Post Qffice. Mr. George Panton. Mr. Robert Howe. SCHOOLS' DEPARTMENT. Orphan Institution, for Male and Female Orphans. Patron PatronessCommittee His Excellency the Governor. Lady Brisbane. Fred. Goulburn, Esq. H. G. Douglas, M. D. Rev. Thomas Reddall 312 APPENDIX. Master Male Orphan School - - Mr. Thomas Bowden. Matron Female Orphan School - - - Mrs. Sweetman. Secretary - Mr. Sweetman. Native Institution for the Civilization and Edu cation of the Aborigines, or Black Natives of New South Wales. Founded by Governor Macquarie. Patron - - - His Excellency the Governor. Patroness - - Lady Brisbane. Committee - Frederick Goulburn, Esq. H. G. Douglass, M. D. Rev. Thomas Reddall. Secretary - - Mr. Sweetman. Masters of Public Schools. At Sydney - - Parramatta - Windsor Richmond - Liverpool - Wilberforce Pitt Town - - Castlereagh - Newcastle Kissing Point - Hunter's Hill - Campbell Town Mr. Taber. Mr. Eyre. Mr. Harpur. Mr. Hughes. Mr. Cutler. Mr. Gow. Mr. Wood. Mr. Heylin. Mr. Dell. Mr. Cooper. Mr. Fare. APPENDIX. 313 Public Institutions at Sydney — Benevolent Society. Patron - - The Governor. Vice Patron The Lieutenant Governor. President F. Goulburn, Esq. Vice Presidents Richard Brooks, Esq. J. T. Campbell, Esq. Rev. W. Cowper. H. G. Douglas, M.D. Rev. H. Fulton. Sir John Jameson. Thomas Mavitie, Esq. John Piper, Esq. Edward Riley, Esq. Treasurers Messrs. Berry and Wolstonecraft- Secretary Rev. R. Hill. Master of the House Mr. Dalton. Matron Mrs. Dalton. New South Wales Auxiliary Bible Society. Patron - - The Governor. President Frederick Goulburn, Esq. Treasurer J'ohn Piper, Esq. Life Members Major General Macquarie. John Wylde, Esq. Sir John Jamison. I. T. Campbell, Esq. John Piper, Esq. Alexander Riley, Esq Edward Riley. Esq. Richard Jones, Esq. Sir Thomas Brisbane. 314 APPENDIX. Vice Presidents Rev. S. Marsden. Sir John Jamieson. . William Wemyss, Esq. Bank of New South Wales. President - John Piper, Esq. Directors - Thomas Mavitie, Esq. Edward Woolstonecraft, Esq. John Oxley, Esq. D'Arcy Wentworth, Esq. William Walker, Esq. James Norton, Esq. Secretary and CashierSolicitor - - Principal Ac countant - A. K. M'Kenzie, Esq. James Norton, Gent. J. C. Phelps, Gent. New South Wales Savings'' Bank. Patron - - The Governor. President Depositaries at Sydney - - R. Campbell, Esq. Parramatta - H. M 'Arthur, Esq. Windsor - - W. Cox, Jun. Esq. Liverpool - Thomas Moore, Esq. Patron Vice Patron President Agricultural Society. Sir Thomas Brisbane, K.C.B. Frederick Goulburn, Esq. APPENDIX. 315 Vice Presidents Rev. S- Marsden. William Cox, Esq. Robert Townson, L.L.D. F.R.S.E. H. M'Arthur, Esq. Treasurers - Messrs. Riley and Walker. Secretaries - A. Berry and G. T. Palmer, Esq. And a Committee of thirty-one. Philosophical Society of Australasia. President Treasurer and Secretary - Sir Thomas Brisbane, K.CB. F.R.S.L. and E. Corresponding Member of the French Institute. H. G. Douglas, M.D; And eleven Members. Licensed Auctioneers and Appraisers. At Sydney At Parramatta Windsor Liverpool Mr. S. Lord. Mr. D. Bevan. Mr. J. M'Queen. Mr. J. Atkinson. Mr. C. R. Pritchett. Mr. R. Cooper. Mr. F. Oakes. Mr. R. Rouce. Mr. John Howe. Mr. William Baker. Mr. J. Knight. OUT-SETTLEMENTS. Bathurst. Commandant Major Mornssett, 48th Regiment. 316 APPENDIX. Superintendent of Stock Superintendent of Agriculture Chief Constable Mr. John Maxwell. Mr. W. Johnstone. John Blackman. Newcastle. Commandant - - - Chaplain - - - - Engineer and Inspector of Public Works - - Assistant Surgeon - Store Keeper Superintendents of Con victs and Works - - Captain H. Gillman. Rev. G. A. Middleton. Ensign E. King, 48th Regt. Mr. G. Brooks. Mr. J. Tucker. Mr. J. Elliot. CommandantEngineer, &c. - SuperintendentsHarbour Master Port Macquarie. Captain F. Allman, 48th Regiment. Lieutenant William Wilson, ditto. Mr. S. Partridge. Mr. W. S. Parker. Mr. R. Neave. CIVIL ESTABLISHMENT AT VAN DIEMEN'S LAND. Government Department. Lieutenant Governor George Arthur, Esq. Lieutenant Colonel in the army. Commandant at Port Dalrymple - - Lieutenant-Colonel Charles Ca meron, 3d Regiment. Commandant at Mac quarie Harbour - Lieutenant John Cuthbertson, 48th Regiment. APPENDIX. 317 Secretary to the Lieu tenant Governor Principal Clerk - - H. G. Robinson, Esq. Mr. Thomas Wells. JUDICIAL DEPARTMENT. Judge - - Master in Equity Attorney General Registrar Clerk of the Peace Sheriff - - - Barrister - - - Solicitors - - - Supreme Court. - John Lewis Pedder, Esq. Joseph Hone, Esq. Gellibrand, Esq. Coroners Ferriday, Esq. Alfred Stephen, Esq. George Cartwright. Hugh Ross. William Williamson. Butler. Frederick Dawes. A. W. H. Humphrey, Esq. G. Brooks, Esq. P. A. Mulgrave, Esq. Police Department. Principal Police Magistrate - Magistrates at Hobart Town Pitt Water A. W. H. Humphry. Edward Abbot, Esq. Rev. R. Knopwood. Edward Lord, Esq. G. F. Read, Esq. James Gordon, Esq. 318 APPENDIX. Magistrates at Coal River - Springhill Clyde - - - Port Dalrymple - Macquarie Harbour George Town G. W. Gunning, Esq. T. G. Gregson, Esq. C. Rowcroft, Esq. ^ P. Wood, Esq. G. Thomson, Esq. Thomas Archer, Esq. James Cox, Esq. A. Barclay, Esq. P. A. Mulgrave, Esq. T. C. Simpson, Esq. John Cuthbertson, Esq.' C. Cameron, Esq. Ecclesiastical Department. Hobart Town Chaplains Rev. R. Knopwood. Rev. — Bedford. Launceston . Rev. J. Youl. Minister of the Church of Scotland. " - Methodist Minister Rev. R. Mansfield. School Department. General Superin tendent - - Schoolmaster at Hobart Town - Clarence Plains Pitt Water - - New Norfolk Black Snake Black Brush Launceston - - George Town - P. A. Mulgrave, Esq. Mr. W. N. Todd. Mr. W. J. Speed. Mr. D. Irwin. Mr. C. Dixon. Mr. Fonge. Mr. Grey. Mr. T. Macqueen. Mr. Hutchinson. APPENDIX. 819 Medical Department. Hobart Town - Surgeon - - J- Scott, Esq.R.N. Assistant Do. Mr. R . Garrett. Mr. H. Crockett. George Town - Surgeon - - R. R. Priest, Esq. Assistant Do. Mr. R. W. Owen. Macquarie Harbour Do. - - - Mr. J. Spencer. Commissariat Department. Assistant Commissary General Affleck Moodie. Deputy Do. Do. - - - - George Hull. Storekeepers A. Thompson. A. Allan. Mr. Parsons. Mr. H. Condell. Surveyors Department. Deputy Surveyor - - - G. W. Evans, Esq. Assistant Do Mr. Thomas Scott. Collector of Quit Rents, and Inspector of Roads, &c. G. W. Evans, Esq. Revenue Department. Naval Officer and Treasurer G. F. Bromley, Esq. Acting Naval Officer at George Town - Lieut. Kenworthy. Wharfinger - - Mr. L. Read. Derwent Harbour Master Mr. J. Kelly. Pilots - - - M. Mansfield, and J. Kelly. Port Dalrymple Harbour Master - - - - - Mr. James Thomas, Macquarie Harbour Pilot Mr. Lucas. APrENDIX. Engineer and Public Works Department. Engineer and Inspector of Public Works at Hobart Town - - Major Thomas Bell. Do. at George Town - - Lieut. Kenworthy. Principal Superintendent - - J. Lackland. Superintendents at Hobart Town James Anderson. W. Shoobridge. James Houghton. John Walker. James Balbin. George Town G. W. Brown. John Moulds. G. Hubbard. T. Massy. Launceston Superintendent of Government Stock ------- - F. Bruce. Post Office. Postmaster at Hobart Town Mr. J. T. Callicot. Launceston Mr. G. Abbott. George Town . Mr. G. W. Brown. Government Printer - - - Mr. A. Bent. APPENDIX. 321 The Colonial Revenue arises from : First, Cus toms imposed by Act of Parliament. 10s. Per Gallon on British, and British Plantation Spirits. 15s. Per Gallon on all other Spirits. 4s. Per lb. on Tobacco imported. 151. Per centum ad valorem on all Merchandize, not being of British Manufacture. Excise. &?. 6d. Per Gallon on Spirits distilled in the Colony. And the following Taxes are levied without the authority of Parliament. 9d. Per Gallon on Wine imported. 2s. Per Ton on Coal for home consumption. 5s. 6d. Per Do. Do. exported. 1*. Per solid Foot on Colonial Timber, and also 6/. per 1000 Feet, whether for home consumption or exportation. Whether for Consumption or Exportation. £. s. d. 2 10 0 Per Ton on Sandal Wood. 2 10 0 Do. Pearl Shells. 5 0 0 Do- Beeche le mere. 2 10 0 Do. Sperm Oil. 2 0 0 Do. on Whale Oil. If On every fine Seal Skin. \ On every Kangaroo Skin. Licenses to retail Spirituous Liquor, each 30/ Do. to distil Spirituous Liquor - 25/. Do. Brewing Malt Liquor - - 25/. Do. Sale of Beer - 5L Do. Hawkers ... - 40/. vol. ii. V REVENUE OF NEW SOUTH WALES. RECEIPT AND EXPENDITURE DURING THE YEAR 1813, TO 1822, BOTH INCLUSIVE. The receipt is distinguished as arising from custom duties ; excise, and taxes, not included under those heads. The expenditure distinguishing between what is applied to properly colonial purposes, as in the erection of schools, churches, court houses, and jails; makingand improvingtownships, roads, and bridges; salaries and other expences of the police, judicial, ecclesiastical, and surveyors' departments ; from what is applied to purposes not properly colonial, but in aid of the British Treasury, as in the erec tion of barracks for troops and convicts; various supplies to both services; and in the payment of the salaries of various offices, belonging exclusively to the military and convict departments; for it is obvious there is no more right to tax the settlers of New South Wales, for the subsistence and superintendance of the convicts, who happen to be sent there, and whose services they do not enjoy, than there is to tax them for the subsistence of the convicts confined in hulks or penitentiaries, or to tax any other given colony for that purpose. RECEIPT. 1813. Customs Excise Taxes £ s. d. 10,401 12 1 1,745 0 0 495 10 10 £ s. d. 12,642 3 0 EXPENDITURE. Colonial Purposes British Government ditto , Excess of Receipt above Expen diture £ 9,1862,230 s. 18 19 d 1 0 • • 11,417 17 1 1,224 5 11 ca 15 W 58 O RECEIPT. Customs Excise ... Taxes , . . , Deficiency in Receipt below Expenditure Customs Excise Taxes . Customs Excise taxes 17,596 2,105 1,021 1814. EXPENDITURE. 5,704 8 0£ 2,158 5 0 602 2 3 8,464 13 3i 5,844 16 4£ Colonial Purposes . British Government ditto 1815. 6| 0 4* 20,722 14 11| Colonial Purposes British Government ditto . Excess of Receipt this Year 1816. 14,956 11 2,245 10 997 6 0*0 n 18,199 7 2 Colonial purposes British Government ditto . Excess of Receipt this Year £ s. d. 9,903 17 n 4,405 12 et 13,460 18 4,271 13 5| 12,273 19 I0J 2,624 13 3 £ s. d. 14,309 9 8 17,732 12 0 2,990 2 11£ 14,898 13 3,300 14 0| o RECEIPT. CustomsExcise Taxes £ s. d. 19,150 0 104 2,165 0 0 843 10 — 1817- 22,158 11 Sf EXPENDITURE. Colonial Purposes British Government ditto . Excess of Receipt this Year £ s. d.\ 13,848 6 10f| 3,486 10 7 d. 17,334 17 5| 4,823 14 1 Cjistoms Excise Taxes 20,274 11 Hf 2,630 15 0 974 2 0 1818. 23,879 8 111 Colonial Purposes British Government ditto . Excess of Receipt this Year 9,465 3 4,586 15 ?am 14,051 17 2k | 9,827 11 9i 5 CustomsExcise Taxes . Receipt less than Expenditure 21,048 16 5| 2,110 0 0 1,402 10 2 1819. 24,561 6 7i 4,806 8 6 Colonial Purposes . British Government ditto . . Balance in hand, being the} excess of former years . J 14,198 0 2J 15,169 14 11 11,525 14 1 29,367 15 1} RECEIPT. * .Customs .... Excise .... Taxes Receipt less than Expenditure . Customs ExciseTaxes Customs .... Excise .... Taxes • Receipt less than Expenditure . 1820. £ s. d. 25,897 11 11 1,577 12 6 1,031 12 4 EXPENDITURE. 31,849 12 0 2,675 0 0 2,672 4 10 38,856 3 3,322 10 2,529 13 28,506 16 4,271 II Colonial Purposes British Government ditto . Balance in hand, excess of former years 1821. 37,196 16 10 Colonial Purposes . . British Government ditto . Excess of Receipt this Year Balance in hand this Year 1822. 44,768 6 973 15 Colonial Purposes .... British Govt. do. 8,872 12 loji Loantodo. . 19,000 0 0 J Balance in hand this Year . £ 17,198 15,580 *. d. 4 11* 3 If 7,254 2 8 £ 32,778 8 1 > «n 17,506 4 9 ?cf¦5) 18,633 1 0 s: 36,139 5 9 b M . 1,057 11 1 X 15,217 16 8 17,809 8 II 27,872 12 10| 14,244 1 6| 45,632 1 9i OS IS CH Customs Excise . REVENUE OF VAN DIEMEN'S LAND, 1816, 1817, 1818, and 1819 1816, £ s. d OS RECEIPT. Customs Excise Taxes, Sundries CustomsExciseTaxes, Sundries Customs ExciseTaxes . £ *, d. 3,550 0 0 200 7 9 EXPENDITURE. 3,750 7 9 Colonial Purposes British Government ditto 1817. 4,920 13 1 87 2 0 393 14 0 Colonial Purposes . , British Government ditto 5,401 9, 1 5,683 7 0 330 0 0 688 19 4 1818. 6,702 6 4 Colonial Purposes British Government ditto 1819. 7,455 2 0 330 0 0 276 7 2i 8,06J 9 2i Colonial Purposes British Government ditto £ s. d. 1,835 9 9* 1,881 18 8i 2,328 9 8 2,569 8 li 1,524 9 8 1,820 18 8j 2,307 8 7 5,787 8 3i £ s. d. 3,717 8 6 4,897 17 91 » d 3,345 8 4J 8,094 16 10$ MERCHANDIZE imported into NEW SOUTH WALES and VAN DIEMEN'S LAND, distinguishing between that from GREAT BRITAIN and IRELAND, and that from INDIA, CHINA, AFRICA, and SOUTH AMERICA. GREAT BRITAIN TOTAL, AND IRELAND. INDIA, CHINA, &c. from all Places. Value of Mer hort Value of Mer CO 1 rt° Value of Mer- u aa chandize. C chandize. i- a i chandize. OJ .5 o IS o £2 o !* m H en H W H £ f. d. £ s. d. £ s. d. f 1816 2 1,000 45,982 0 0 14 2,555 95,787 0 0 16 3,555 141,769 0 0 1817 4 1,495 65,157 0 0 12 ¦2,110 91.559 0 0 16 3,605 156,716 0 0 1818 3 1,333 47,056 0 0 8 1,689 72,137 0 0 11 3.0i.2 119,193 0 0 *C3 1819 4 1,541 57,291 0 0 9 1,514 76,927 0 0 13 3,055 134,218 0 0 >-> \l820 6 2,226 93,338 0 0 16 3,115 148,007 0 0 22 5,311 241,345 0 0 1821 12 4,051 131,309 0 0 11 1,830 64,827 0 0 23 5,881 195,136 0 0 1822 35 10,51b 160,307 0 c 18 3,719 178,639 0 0 5-3 14,237 338,946 0 0 M823 38 11.404 135 537 0 c 17 3,250 Not ascertained 55 14,654 Not ascertained *" 1816 15,327 0 0 31,929 0 0 47,256 0 0 a (mi 21,719 0 0 30,519 0 0 52,238 0 0 I 1818 15,685 0 0 24,046 0 0 39,731 0 0 H j 1819 19,097 0 0 25.642 0 0 44,739 0 0 •a { 1820 31,113 0 0 49,336 0 0 80,449 0 0 g ] 1821 43,769 0 0 21,609 0 0 65,378 0 0 £ 1 1822 53,436 0 0 59,546 0 0 112,982 0 0 V1823 45.180 0 0 Not ascertained Not ascertained As all Ships touch at both parts, the Number of Vessels and Tonnage is only given once. The Transports conveying Convicts are not included. EXPORTS. There being no Custom House at Sydney, or Hobart Town, the amount and value of the Exports cannot be ascertained. In the year 1823, (and January 1824,) sixteeen Ships, 5,500 tons, laden with colonial produce Wool, Oil.Timber and Seal Skins, cleared out from Sydney and Hobart Town for Great Britain, amounting in value at the lowest calculation, to £ 100,000; besides Wheat exported to the Cape of Good Hope and Rio de Janeiro. >131)Wseo CENSUS OF THE POPULATION, LAND HELD, AND LIVE STOCK, OF NEW SOUTH WALES AND VAN DIEMEN'S LAND, IN THE FOLLOWING YEARS, NOT INCLUDING THE MILITARY FORCES. POPULATION. ACRES OF LAND. LIVE STOCK. Men. Women. Children. Total. Held. Total. Cleared. In Cul tivation. Horses. Horned Cattle. Sheep. 1810. NEW SOUTH WALES , . VAN DIEMEN'S LAND . . 4,097 686 2,001 263 2,307 307 8,405 1,256 95.637 559 20,069 400 7,275 357 1,114 20 11,276 1,166 32,818 3,070 Total (in 18100 , . 4,783 2,264 2,614 9,661 96,196 20,469 7,632 1,134 12,442 35,888 1821, NEW SOUTH WALES . . VAN DIEMEN'S LAND . . 17,931 5,015 4,628 1,078 7,2241,192 29,781 7,285 381,466 273,679 58,312 22,456 32,271 14,913 4,014 550 68,149 34,790 119,777 170,391 Total (in 1821.) . . | 22,946 5,706 8,416 37,068 1 655,145 80,768 47,184 4>564 | 102,939 290,168 CO 00 >B appendix. 829 54/h Geo. III. cap. 15. An Act for the more easy Recovery of Debts in His Majesty's Colony of New South Wales. [6th December, 1813.] Whereas his Majesty*s subjects, trading to and residing in the colony of New South Wales and its dependen cies, lie under great difficulties, for want of more easy methods of proving, recovering and levying of debts, due to them within the said colony ; and whereas it is expedient those difficulties should be removed ; may it therefore please your Majesty that it may be enacted ; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that from and after the twenty-fifth day of June, one thousand eight hundred and fourteen, in any suit or action then depending or thereafter to be brought in any Court of Law or Equity within the said colony of New South Wales, or its dependencies, for or relating to any debt or account, wherein any person residing in Great Britain shall be a party, it shall and may be lawful to and for the plaintiff or defendant, and also to and for any witness to be examined or made use of in such action or suit, to verify or prove any matter or thing by affidavit or affi davits in writing upon oath, or in case the person making such affidavit be one of the people called Quakers, then upon his or her solemn affirmation, made before any mayor or other chief magistrate of the city, borough, or town corporate in Great Britain, where or near to which the person making such affidavit or affirmation shall reside, and certified and transmitted under the common seal of such city, borough, or town corporate, 330 APPENDIX. or the seal of the office of such mayor or other chief magistrate; which oath and solemn affirmation every such mayor and chief magistrate shall be and is hereby authorized and empowered to administer; and every affidavit or affirmation so made, certified and transmitted, shall, in all such actions and suits, be allowed to be of the same force and effect as if the person or persons making the same upon oath or solemn affirmation as aforesaid, had appeared and sworn or affirmed the mat ters contained in such affidavit or affirmation viva voce in open court, or upon a commission issued for the exa mination of witnesses, or of any party in any such action or suit respectively ; provided, that in every such affi davit and affirmation there shall be expressed the addi tion of the party making such affidavit or affirmation, and the particular place of his or her abode. II. And be it further enacted, That in all suits now de pending, or hereafter to be brought, in any Court of Law or Equity, by or in behalf of his Majesty, his heirs and successors, in the said colony of New South Wales or its dependencies, for or relating to any debt or ac count, that his Majesty, his heirs and successors, shall and may prove his and their debts and accounts, and examine his or their witness or witnesses, by affidavit or affirmation, in like manner as any subject or subjects is or are empowered or may do by this present Act. III. Provided always, and it is hereby further en acted, That if any person making such affidavit upon oath or solemn affirmation as aforesaid, shall be guilty of falsely and wilfully swearing or affirming any matter or thing in such affidavit or affirmation, which if the same had been sworn upon examination in the usual form would have amounted to wilful and corrupt per jury, every person so offending, and being there6f law fully convicted, shall incur the same penalties, and for. APPENDIX. SSI feitures as by the laws and statutes of this realm are pro vided against persons convicted of wilful and corrupt perjury. IV. And be it further enacted, That from a!nd after the said twenty-fifth day of June one thousand eight hundred and fourteen, the houses, lands, and other here ditaments and real estates, situate or being within the said colony of New South Wales or its dependencies, belonging to any person indebted, shall be liable to and chargeable with all just debts, duties and demands of what nature or kind soever, owing by any such person to his Majesty or any of his subjects, and shall and may be assets for the satisfaction thereof, in like manner as real estates are by the law of England liable to the satis faction of debts due by bond or other specialty, and shall be subject to the hke remedies, proceedings and pro cess, in any Court of Law or Equity in the said colony of New South Wales or its dependencies, for seizing, extending, selling, or disposing of any such houses, lands, and other hereditaments and real estates, towards the satisfaction of such debts, duties and demands, and in hke manner as personal estates in the said colony are seized, extended, sold, or disposed of, for the satisfaction of debts. 59 Geo. II J. Cap. 122. — 4n Act to permit Vessels under a certain Tonnage to trade between the United Kingdom and New South Wales.— [12th July, [819.] Whereas by an Act passed in the fifty-third year of his present Majesty's reign, entituled, " an Act for con tinuing in the East India Company, for a further term, the possessions of the British territories in India, together with certain exclusive privileges ; for establishing certain regulations for the government of the said territories, and APPENDIX, the better administration of justice within the same ; arid for regulating the trade to and from the places within the limits of the said company's charter; it was among other things declared and enacted, that no ship or vessel, the registered measurement whereof shall be less than three hundred and fifty tons, other than such ships or vessels as may be employed by the East India Company as packets, shall clear out from any port in the United Kingdom for any port or place within the limits of the said company's charter, or be admitted to entry at any port of the United Kingdom from any place within the said limits : and whereas it is expedient that the said re gulation and restriction shall be repealed, so far as relates to ships or vessels trading between the United Kingdom and his Majesty's colony in New South Wales : be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that from and after the passing of this Act it shall and may be law ful for any ship or vessel owned and navigated according to law, to trade between any port or place in the United Kingdom and the said colony and its dependencies, and to sail and pass to the eastward of the Cape of Good Hope, although such ship or vessel shall be of less regis tered measurement than three hundred and fifty tons ; any thing in any law, statute, or custom to the contrary in anywise notwithstanding. II. Provided always, and be it enacted and declared, that this Act, or any thing herein contained, shall in no ways authorize or entitle any ship or vessel to sail, pass, or repass between the sixty-fourth and one hundred and fiftieth degree of east longitude from London further to the northward than the eleventh degree of south latitude ; and all ships and vessels whatsoever, sailing, passing, or repassing to the northward of the eleventh degree of APPENDIX. south latitude, between the sixty-fourth and one hundred and fifty degrees of east longitude from London, shall be and remain subject to the same laws, provisions, and re strictions as they would have been subject to if this Act had not been made or passed ; any thing hereinbefore contained to the contrary thereof in anywise notwith standing. 59 Geo. III. Cap. 1 1 4. — An Act to stay Proceedings against any Governor or other Persons concerned in imposing, and levying Duties in New South Wales ; to continue until the First Day of January One thousand eight hun dred and twenty-one, certain Duties ; and to empower the said Governor to levy a Duty on Spirits made in the said Colony.— \\2ih July, 1819.] Whereas since the establishment of a colony in New South Wales, the governors, or other persons administer ing the government thereof, have from time to time caused to be raised and levied certain rates and duties upon goods, wares, and merchandize imported into or exported from the settlements therein : and whereas it is expedient that the said governors and all other persons who may have advised, issued, or executed any order with respect to the raising or levying any such rates or duties should be protected from vexatious suits until further provision shall be made by Parliament : be it therefore enacted by the King's most excellent Majesty, by and with the ad vice and consent of the Lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that until the first day of January one thousand eight hundred and twenty-one, no personal action or suit, indictment, information, prosecu tion, or proceeding whatsoever, shall be prosecuted, or commenced against any governor of New South Wales, or against any person or persons, for having advised, 834 APPENDIX. commanded, or carried into execution, any orders for the levy of any rate or duty in the said colony, previous to the passing of this Act ; and that if any action or suit, indictment, information, or other proceeding shall be prosecuted or commenced against any person or persons, for or by reason of any such act, matter, or thing so ad vised, commanded, appointed, Or done, it shall be lawful for the defendant in any such action, suit, indictment, or information as aforesaid, to apply to the court in which such action shall be brought, during the sitting of such court, or to any judge of such court during vacation, for stay of proceedings, and such court and such judge re spectively, are hereby required to stay such proceedings accordingly, until the said first day of January, one thou sand eight hundred and twenty-one. II. And be it further enacted, that from and after the passing of this Act, until the first day of January one thousand eight hundred and twenty-one, it shall be law ful for the governor, or other person administering the government of New South Wales, to order and direct the levy of any rate or duty which may have been imposed or usually collected or levied in the said colony previous to the passing of this Act, and no other : provided also, that nothing herein contained shall be construed to prevent the said governor, or other person administering the government of the said settlement, from ordering at any time, the discontinuance of any rate or duty hereto fore imposed, collected, or levied within the said colony or settlement. III. And be it further enacted, that it shall and may be lawful for the governor or other person administering the government of the said colony for the time being, to erder and direct the levy of a duty upon any spirits made within the colony, although no such duty may APPENDIX. S35 have been heretofore imposed and collected ; provided always, that the amount of such duty shall in no case exceed the amount of duty levied and paid upon spirits imported into the said colony and settlements ; and it shall be lawful for the governor to make such rules and regulations as may be necessary for the collection and levy of the same, in the same manner as if the said duty upon spirits made within the said colony had been im posed, collected, and levied previous to the passing of this Act ; any thing in this Act to the contrary notwith standing. 3rd Geo. IF. Cap. 96. — An Act to continue, until the First day of January One thousand eight hundred and twenty- four, an Act passed in the Fifty-ninth Year of his late Majesty, relating to imposing and levying Duties in New South Wales ; to authorize the imposing and levying other Duties on goods imported into the said Colony ; and to suspend, for Ten Years, the payment of Duty on the importation of certain goods the produce of New South Wales. —[30th July, 1822.] Whereas an Act of Parliament passed in the fifty-ninth year of the reign of his late Majesty King George the Third, intituled an Act to stay proceedings against any governor or other person concerned in imposing and levy ing duties in New South Wales ; to continue, until the first day of January, one thousand eight hundred and twenty-one, certain duties; and to empower the said governor to levy a duty on spirits niade in the said Colony ; which Act was further continued by another Act, passed in the first and second years of the reign of his present Majesty, until the first day of January, one thousand ieight hundred and twenty-three : And whereas it is ex pedient that the said Act should be further continued, and that further and additional provisions should be 336 APPENDIX. made for imposing and levying certain duties upon spirits and tobacco, and an ad valorem duty upon all other goods, wares, and merchandize imported into the said colony, for defraying the expences thereof; be it there fore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that the said recited Act of the fifty-ninth year of the reign of his late Majesty, and the provisions therein contained, except so far as the same or any of them are by this Act varied or altered, shall be and the same are continued in force from the first day of January, one thousand eight hundred and twenty-three, until the first day of January one thousand eight hundred and twenty-four. II. And be it further enacted, that from and after the passing of this Act, it shall be lawful for the governor, or other person, administering the government of New South Wales, for the time being, to impose by any pro clamation made, or order, or orders issued, in the said colony for that purpose, the several and respective rates and duties following ; that is to say, upon the importation into the said colony, or any of the settlements or depen dencies thereof, or belonging thereto, or under the con- troul or administration of the governor, or person exer cising the government of the said colony and its depen dencies, of all spirits the produce and manufacture of the United Kingdom, or rum, the produce of his Majesty's plantations in the West Indies, imported directly from the United Kingdom, a duty not exceeding the amount of ten shillings, and of all other spirits, a duty not exceed ing the amount of fifteen shillings, upon each gallon of spirits so imported, and so in proportion for any greater or lesser quantity; and upon the importation of all to bacco, a duty not exceeding four shillings, for and upon APPENDIX. 337 each pound weight so imported into the said colony, and so in proportion for any greater or less quantity ; and upon the importation of all goods, wares, and merchan dizes, not being the growth, produce, or manufacture of the United Kingdom of Great Britain and Ireland, im ported directly from some port in the United Kingdom, a duty not exceeding fifteen pounds upon every one hundred pounds in value of the goods, wares, and mer chandizes so imported, and so in proportion for any greater or less value. III. And be it further enacted, That it shall be law ful for the governor or other person administering the government of New South Wales, by any proclamation or order or orders to be by him for that purpose issued, to discontinue or reduce any such duties from time to time as occasion may require, and also from time to time to revive any duties so discontinued or reduced, and again to levy the same : Provided always, that it shall not be lawful for any governor or other person adminis tering the government of the said colony, to order the levying or raising of any higher rate of duty than is authorized by this Act. IV. And be it further enacted,That it shall be lawful for the governor, or other person for the time being adminis tering the government of the said colony, to make such rules and regulations as to him may seem fit and proper, for the more effectual collection and levying of all or any of the said rates and duties, and for that purpose to impose such reasonable fines and other penalties as may be necessary for enforcing the due and punctual pay ment thereof; and from time to time to alter or vary any such rules or regulations, or fines or penalties, or make any new or other rules and regulations, fines or penalties : Provided always, that the said governor shall VOL. II. z 338 APPENDIX. transmit true copies, duly authenticated, of all such rules and regulations, fines and penalties, and of all alterations thereafter made therein, to one of His Majesty's principal secretaries of state for His Majesty's approbation. V. And be it further enacted, That every governor, or other person administering the government of the said colony, who hath heretofore received or shall here after receive any sum or sums of money arising from any rates and duties which have been or which may hereafter be raised and levied widiin the said colony, or any of the settlements or dependencies thereof, shall account to his Majesty for the same, and for the due application thereof, through the Lord High Treasurer or Commissioners of his Majesty's Treasury of the United Kingdom of Great Britain and Ireland, in such manner, and at such times, and under such rules and regulations as to the examination and audit of such ac counts, as the said Lord High Treasurer or the Com missioners of his Majesty's Treasury, or any three or more of them, shall order and direct in that behalf. VI. And whereas an Act passed in the fifty-ninth year of the reign of his late Majesty King George the Third, intituled an Act to repeal the several duties of customs payable in Great Britain, and to grant other duties in lieu thereof: And whereas by the said Act a duty of customs of three-pence the pound is granted, from the fifth day of January one thousand eight hun dred and twenty-three until the fifth day of January one thousand eight hundred and twenty-six ; and from and after the fifth day of January one thousand eight hundred and twenty-six, a duty of customs of sixpence the pound upon sheep or lambs wool, the produce of and imported directly from any British colony or terri- APPENDIX. 389 tory ; and a duty of three shillings the hundred weight upon solid vegetable extract from oak bark, or other vegetable substances to be used for the purpose of tan ning leather, and for no other purpose whatsoever ; and a duty of one pound ten shillings upon teake wood or other wood fit for ship-building, eight inches square, or upwards, the load containing fifty cubic feet ; And whereas it is expedient to suspend the payment of such duties as to such articles, the growth or produce of New South Wales and sot dements and dependencies thereof, for a limited period ; be it dierefore enacted, That for the period of ten years, from and after the first day of January one thousand eight hundred and twenty-three, no higher duty of customs than one penny per pound shall be charged or payable or paid for or upon the importation into the LTnited Kingdom of any sheep or lambs wool, the produce of New South Wales, or any of the settlements or dependencies thereof, and duly certified as such by the proper officers of customs, and imported directly from the said colony ; and during such period of ten years the said duty of customs upon extract from bark shall not be charged or payable or paid, for or upon the importation into the United King dom of any such solid vegetable extract from bark or other vegetable substances, to be used for the purpose of tanning leather, and for no other purpose whatsoever, the produce of the colony, duly certified as such by the proper officer of customs, and imported directiy from the said colony ; and during the said period of ten years, the said duty of customs of one pound ten shillings upon teake wood, or other wood fit for ship-building, eight inclies square or upwards, the load containing fifty cubic feet, shall not be charged upon the importation into the United Kingdom of any timber the growth or produce of the said colony, duly certified as such by the proper zS 340 APPENDIX. officers of customs, and imported directly from the said colony; any thing in the said recited Act or Acts of Parliament, relating to the said duties, to the contrary notwithstanding. VII. And be it further enacted, That in all cases where by virtue of this Act the duties imposed upon the importation of articles into the said colony of New South Wales and its dependencies, are charged not according to the weight, guage, or measure, but according to the value thereof, such value shall be ascertained by the declaration of the importer or proprietor of such articles, or his known agent or factor, in manner and form fol lowing ; viz. ' I A. B. do hereby declare, That the articles mentioned ' in the entry, and contained in the packages [here ' specifying the several packages, and describing the ' several marks and numbers, as the case may be], are of the value of e Witness my hand, the Day of 1 A. B. ' The above declaration signed the Day of ' in the presence of ' C. D. Naval Officer.1 Which declaration shall be written on the warrant of entry of such articles, and shall be subscribed with the hand of the importer or proprietor thereof, or his known agent or factor, in the presence of the naval officer or other principal officer of the customs at the port of im portation ; provided that if upon view and examination of such articles by such officer or officers, it shall appear to him or them that the said articles are not valued ac cording to the true price or value thereof, and according to the true intent and meaning of this act, then and in APPENDIX. 341 such case the importer or proprietor, or his known agent or factor, shall be required to declare on oath, before the naval officer at the port of importation (which oath he is hereby authorized and required to administer), what is the invoiced price of such articles, and that he verily believes such invoice price is the current value of the articles at the place from whence the said articles were imported, and such invoice price, with the addition of ten pounds per centum thereon, shall be deemed and taken to be the value of the articles in the said colony and its dependencies, in lieu of the value so declared by the importer or proprietor, or his known agent or factor, and upon which the duties specified in this act shall be charged and paid : Provided also, that if it shall appear to the naval officer, or other chief officer of the customs, that such articles have been invoiced below the real and true value thereof, at the place from whence the same were imported, or if the invoice price is not known, the articles shall in such case be examined by two competent persons, to be nominated and appointed by the governor or commander in chief of the said colony, and such per sons shall declare on oath before the naval officer, or chief officer of the customs, what is the true and real value of such articles in the said colony, and the value so declared on the oath of such persons shall be deemed to be the true and real value of such articles, and upon which the duties specified in this Act shall be charged and paid. . VIII. And be it further enacted, that if the importer or proprietor of such articles shall refuse to pay the duties hereby imposed thereon, it shall and may be lawful for the naval officer, or other chief officer of the customs, where such articles shall be imported, and he is hereby respectively required to take and secure the same, with the casks or other package thereof, and to cause the same to be publicly sold within the space of twenty days at the 848 APPENDIX. most after such refusal made, and at such time and place as such officer shall, by four or more day's public notice, appoint for that purpose ; which articles shall be sold to the best bidder, and the money arising by the sale thereof, shall be applied in the first place, in payment of the said duties, together with the charges that shall have been occasioned by the said sale, and the overplus, if any, shall be paid to such importer or proprietor, or any other person anthorized to receive the same. IX. And it is hereby further enacted, that from and after the first day of January, one thousand eight hun dred and twenty-three, it shall not be lawful to import into any port or place in the colony of New South Wales, or its dependencies, any spirits that shall be of a greater strength than seven per centum above Hydrometer proof, the strength of the said spirits, to be ascertained and de termined by. such officers or officers as the governor or the person administering the governpent shall appoint. Extract from Customs, Act 4. Geo. IF. Cap. 69. Sec. XVII. And be it further enacted that from and after the tenth day of October, 1823, it shall be lawful to import into the United Kingdom of Great Britain and Ireland, any wood fit for ship building, the growth or produce of the colony of New South Wales, or of any of the settlements or dependencies thereof, or of Norfolk Island, or of Van Diemen's Land, and imported directly from the said places, during the period of ten years, from the first day of January, 1823, without payment of any subsidy, custom, or other duty whatever for the same, provided due entry shall be made thereof, and such wood shall be landed in the presence of the proper offi cer or officers, at the port of importation. XXV. And be it further enacted, that before any blnhber, train oil, head matter, or whale fins, the produce APPENDIX. 343 offish or creatures living in the sea, imported into Great Britain, shall be admitted to entry on payment of the duty imposed on such blubber. Train oil, spermaceti oil, head matter, or whale fins, as being taken and caught wholly by his Majesty's subjects, usually residing in any part of his Majesty's dominions, and imported from any British colony, island^ plantation, settlement or territory, the master or other person, having or taking the charge or command of the ship or vessel, in which the same shall be imported, shall produce and deliver to the col lector, or other chief officers of the custom, at the port of importation, a certificate under the hand and seal of the governor, or deputy governor of such British colony, island, plantation, settlement or territory, or of the col lector or other chief officer of the customs, of the port or place in such British colony, island, plantation, settle ment or territory, where such train oil, blubber, sperma ceti oil, head matter, or whale fins, shall have been taken on board ; or if no such governor or deputy governor, or collector, or other chief officer of the customs, shall be residing there, then a certificate shall be produced under the hand and seal of the naval officer, or other principal officer of such port or place, or one of his Majesty's jus tices of the peace for the district ; or if there shall be no such naval officer, or other principal officer, or justice of the peace, then a certificate shall be produced of two principal inhabitants at the place of shipment, testifying that oath hath been made before him or them, who is, and are hereby authorized and required to administer such oath, and to grant such certificate, by the shipper of such blubber, train oil, spermaceti oil, head matter, or whale fins, that the same was bona fide the produce of fish or creatures living in the sea, actually caught and taken by his Majesty's subjects carrying on such fishery, and usually residing in some part of his Majesty's dominions; and the master or other person having or taking the 344 APPENDIX. charge or command of the ship or vessel, in which the blubber, train oil, spermaceti oil, head matter, or whale fins, shall be imported into any part of the United King dom, shall make oath before the collector, or other chief officers at the port of importation, that the blubber, train oil, spermaceti oil, head matter, or whale fins, so imported is the same as mentioned and referred to in the said certi ficate ; and the importer or importers, consignee or con signees of such blubber, train oil, spermaceti oil, head matter, or whale fins, shall also make oath before the col lector, or comptroller, or other proper officer of the cus toms, at the time of entry, that to the best of his or their knowledge, and belief, the blubber, train oil, spermaceti oil, head matter, or whale fins, so imported, was actually caught and taken by British subjects, usually residing in some part of his Majesty's dominions ; and on failure of such certificates being produced, and proof on oath as aforesaid, being made, such blubber, train oil, spermaceti oil, head matter, and whale-fins, shall be deemed and taken to be of foreign fishery, and shall be charged wkh> the duty by law, imposed upon such articles of foreign fishing. Table B. Inwards. Blubber. The produce offish, or creatures living in the sea, taken and caught wholly by his Majesty's subjects, usualryresidingin any part of hisMajesty's dominions, and imported directly from the Cape of Good Hope, or from any British eolony, setdement, or territory, within the limits of the East India company's char ter, in a British built ship, or vessel, owned, navigated, and registered according to law. The tun containing 252 gallons. £0 13 4 1 0 0 3 3 4 0 5 0 1 0 0 APPENDIX. 345 Train oil. } Ditto ditto ditto per tun Spermaceti oil. 3 of 252 gallons Whale-fins. Ditto per ton containing 20 cwt. Beet wood, Unmanufactured,importedfrom New South Wales, the ton con taining 20 cwt - Cedar wood. Unmanufactured, the 20 cwt Wood. Unmanufactured, not particu larly enumerated for every 1001. value - - - 5 0 0 4 Geo. IF. Cap. 96 . — An Act to provide until the first day of July one thousand eight hundred and twenty-seven, and until the end of the next session of Parliament, for the better administration of justice in New South Wales, and Fan Diemen's Land, and for the mor& effectual government thereof; and for other purposes retiring thereto. — [19th July, 1823.] • ^ Whereas it is expedient to make further and more effectual provision for the administration of justice in his Majesty's colony and settlements at New South Wales, and Van Diemen's Land, respectively : Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and commons, in this present Parliament assem bled, and by the authority of the same, that it shall be lawful for his Majesty, his heirs, and successors, by charters or letters patent under the great seal of the United Kingdom of Great Britain, and Ireland, to erect and establish courts of Judicature in New South Wales, and Van Diemen's Land, respectively, which shall be styled " The Supreme Court of New South Wales," and " The Supreme Court of Van Diemen's Land ;" and that each of such courts respectively, shall be holden by one judge or chief justice, and shall have such ministerial or other officers, as shall be necessary for the administra- APPENDIX. tion of justice in the said courts respectively, and for the execution of the judgments, decreeSj orders, and process thereof; and the said judges shall from time to time, be appointed by his Majesty, his heirs and succes sors ; and the said ministerial and other officers of the said courts respectively, shall from time to time, be ap pointed to, and removed from their respective offices, in such manner as his Majesty, his heirs and successors, shall by such charters or letters patent as aforesaid direct ; and the said judges shall respectively be entitled to receive such reasonable salaries as his Majesty, his heirs and successors, shall approve and direct, which salaries shall be in lieu of all fees, or other emoluments whatsoever ; and it shall and may be lawful for his Ma jesty, his heirs and successors, from time to time, as occasion may require, to remove and displace any such judge or chief justice, and in his place and stead to ap point another fit and proper person: Provided never theless, that if it shall at any time hereafter appear to his Majesty, his heirs and successors, expedient to augment the number of the judges of either of the Courts of Judi cature aforesaid, then and in that case it shall and may be lawful for his Majesty, his heirs and successors, from time to time, as occasion may require, by commis sion under his or their royal sign manual, to augment the number of judges of both or either of the said courts, to three, and to grant to such additional judges, such rea sonable salary or salaries, as to his Majesty, his heirs and successors, shall seem meet, and which shaU be in lieu of all fees and emoluments whatever ; provided also, that in case of the absence or death of any or either1 of the judges of' the said courts, in New South Wales, or Van Diemen's Land, respectively, or in case of any such dis ease or infirmity, as shall render any such judge perma nently incapable of discharging the duties of his office, it shall be lawful for the governor, or acting governor of New South Wales, to appoint some fit and proper person APPENDIX. 347 to act in the place, and stead, of any judge so being ab sent, dying, or becoming permanently incapable* until such judge shall return to the execution of his office, or until a, successor shall be appointed by his Majesty, as the case may require ; and in the meantime, until such judge shall return as aforesaid, or a successor shall, be appointed, and shall actually enter on the discharge of his office in the said courts respectively, the person so to be appointed by the governor or acting governor as aforesaid, shall have and exercise all the jurisdiction, powers and authorities, belonging to or vested in the judges of the said courts respectively. II. And be it further enacted, that the said courts, respectively, shall be courts of record, and shall have cognizance of all pleas, civil, criminal, or mixed* and jurisdiction in all cases whatsoever, as fully and amply to all intents and purposes, in New South Wales, and Van Diemen's Land, respectively, and all and every the islands, and' territories, which now are or hereafter may be subject to or dependant upon the respective govern ments thereof, as his Majesty's courts of King's Bench, Common Pleas, and- Exchequer, at Westminster, or either of them, lawfully have or hath in England ; and the said courts respectively, shall also be at all times courts of Oyer and Terminer, and general gaol delivery, in and for New South Wales, and Van Diemen's Land, and the dependencies thereof respectively ; and the said judges so appointed, shall have and exercise such, and the like jurisdiction and authority, in New South Wales, and Van Diemen's Land, and the dependencies thereof re spectively, as the judges of the courts of King's Bench, Common Pleas, Exchequer in England, or any of them, lawfully have and exercise, and as shall be necessary for. carrying into effect, the several jurisdictions, powers, and authorities committed to the said courts respectively. 348 APPENDIX. III. And be it further enacted, that the said Supreme Courts in New South Wales and Van Diemen's Land respectively shall and may inquire of, hear, and deter mine all treasons, piracies, felonies, robberies, murder®, conspiracies, and other offences of what nature or kind soever committed, or that shall be committed upon the sea, or in any haven, river, creek, or place where the admiral or admirals have power, authority, or jurisdic tion, or committed, or that shall be commited in the islands of New Zealand, Otaheite, or any other island, country, or place, situate in the Indian or Pacific Oceans, and not subject to his Majesty, or to any European state or power, by the master or crew of any British ship or vessel, or any of them, or by any British subject sailing in or belonging to, or that shall have sailed in or belonged to, and have quitted any British ship or vessel to live in any part of the said islands, countries, or places, or that shall be there living ; and that all persons convicted of any of the offences so to be inquired of, heard, and determined in the said courts respectively, shall be subject and liable to, and shall suffer all such and the same pains, penalties, and forfeitures as by any law or laws now in force, persons convicted of the same respectively would be subject and liable to in case the same were respectively inquired of, tried, heard, deter mined and adjudged in England, any law, statute, or usage to the contrary notwithstanding. IV. And be it further enacted, that all crimes, misde meanors, and offences cognizable in the said courts re spectively, shall be prosecuted by information in the name of his Majesty's attorney-general, or other officer duly appointed for such purpose by the governor or acting governor aforesaid, and all issues of fact joined on every such information shall be tried by the respec tive judges of the said courts, and a jury of seven com- APPENDIX. 349 missioned officers of his Majesty's sea or land forces, whether on full or half-pay ; and such jurors shall from time to time be nominated for the purpose aforesaid by the governor or acting governor of New South Wales or Van Diemen's Land respectively for the time being; and the said officers shall severally be liable to be chal lenged or objected to upon the special ground of direct interest or affection, to be specified in open court at the time of challenge ; and in case of such challenge or ob jection being allowed by the judges of the said respective courts, the officer or officers so challenged or objected to shall be succeeded by another such officer or officers as aforesaid, who shall in hke manner be nominated by the governor or acting governor for the time being as aforesaid, and be liable in the same manner to challenge or objection, until seven officers shall appear duly quali fied for the trial of any offender in the said courts re spectively, and the said officers shall thereupon severally take and repeat in open court the same oath as is taken by petit jurors impanelled for the trial of any crime Or misdemeanour in any Court of Record in England, and shall return their verdict in open court, by the mouth of the senior officer serving on such jury ; and the pro ceedings of the said courts respectively shall be under the controul and direction of the respective judges thereof ; and all matters of law arising in the course of trial shall be determined by such judges respectively, and the judgment of the said courts respectively shall be pronounced by them in the manner by law established on the trial of persons indicted in any Court of Record in England ; Provided nevertheless, that if at the time of the meeting of the Supreme Court of Van Diemen's Land there should not be seven commissioned officers of his Majesty's sea or land forces within the distance of fifty miles from the place of holding such court, or in case of the sickness of any such officers, the person ad- 350 APPENDIX. ministering the government of Van Dietneft's Land shall nominate such magistrates of the said island, or of any district or county of the said island, as to him shall seem meet, to act as jurors on the trials of such crimes, misdemeanors, or offences as aforesaid, together with such and so many commissioned officers as aforesaid as may then be within such distance as aforesaidj and com petent to act upon such jury, so as that there may i every case be a complete jury of seven men for the trial of the said crimes, misdemeanors, and offences; and the magistrates to be appointed by the person administering the government of Van Diemen's Land shall be liable to be challenged or objected to in sUch and the same man ner, and shall, if necessary, be succeeded by some other magistrates to be nominated by the person administering the government of the said island, and shall severally take and repeat such oath as is hereinbefore directed with respect to the said commissioned officers of his Majesty's sea and land forces. V. And be it further enacted, That it shall be lawful for his Majesty, his heirs and successors, by his or their instruction under his or their royal sign manual, at any time hereafter to authorize the Governor or acting go vernor of New South Wales for the time beings to con vene a court or courts, as often as occasion may require, for the trial of all crimes and misdemeanors committed within any place or places in New South Wales or Van Diemen's Land, or the dependencies thereof, whicli by any order in council to be for that purpose issued as after- men tioned, shall be appointed for the reception of transported felons and other offenders ; which court or courts shall be of record, and shall have and exercise all the powers and authorities incident and belonging to a Court of Record, and shall consist respectively of a judge to be appointed by his Majesty, his heirs and APPENDIX. 351 successors, and such and so many proper persons, not fewer than three or more than five, as shall be appointed for such purpose by such governor or acting governor, by commission to be duly made and executed under his hand and seal ; and such persons shall be sworn in such and the like form, and the verdict of the whole of such persons shall be taken and recorded in such and the like manner, and the proceedings of the said last-mentioned court or courts shall be superintended, and the judg ments thereof pronounced by the judge or judges pre siding at every such trial, according to such and the like law and usage as is herein-before directed with re spect to the trials of persons prosecuted before the said Supreme Courts of Judicature of New South Wales and Van Diemen's Land respectively ; and in all cases where the offence charged against any person indicted before any such court or courts so to be established in any such place or places as aforesaid, shall not be punishable with death, the judge or judges of the said court or courts respectively shall, and he and they is and are hereby authorized to adjudge the offender tp any cor poral punishment not extending to life or limb, as the circumstances of the case may require ; Provided always that the particulars and grounds of every such sentence shall in all cases be made known by the judge or judges of the said last-mentioned court or courts respectively to the governor or acting governor of New South Wales or Van Diemen's Land, as the case may be, for his appro bation. VI. And be it further enacted, That in any actions at law to be brought in the said Supreme Courts of New South Wales and Van Diemen's Land respectively, whenever the parties, plaintiff and defendant, in any such action shall join issue on any matter of fact, the trial of such issue or issues shall be by the chief judge 352 APPENDIX. of the said courts respectively, and by two assessors, being magistrates or justices of the peace in and for the said colony, or some county or district thereof; and the said magistrates shall be nominated from time to time for the purpose aforesaid by the governor or acting governor for the time being of New South Wales and Van Diemen's Land respectively, and shall be liable to challenge upon such and the same grounds as may law fully be alleged as causes of challenge agamst any person impanelled as a juror, for the trial of any issue or fact joined between the parties in any action depending in any of his Majesty's Courts of Record at Westminster, and such challenges shall be made in open court, and decided by the judges of the said Supreme Courts respectively ; and in case any such challenge shall be allowed by the said judges respectively, another justice of the peace shall Lbe nominated in manner aforesaid in the place of the justice against whom such challenge shall have been so allowed, who may in like manner be challenged, until two justices shall appear competent to act as assessors of the court upon the trial of the said issue or issues of fact ; and the said two assessors shall thereupon severally take and repeat in open court such and the same oath as is taken by any juror sworn upon the trial of any issue of fact in any of his Majesty's said Courts of Re cord at Westminster, and the judges of the said Supreme Courts respectively shall, together with the said two assessors, give their verdict upon every such issue or issues of fact as aforesaid ; and in case any such judge and assessors cannot agree upon such verdict, the verdict of the major part of them shall be taken, entered, and re corded as the verdict of all : Provided always, that if the parties, plaintiff and defendant in any such action, shall be desirous of having any such issue or issues of fact as aforesaid, tried by a jury of twelve men, and shall concur in an application for that purpose to the judges APFENDIX. 353 of the said Supreme Courts respectively, then and in every such case such issue or issues of fact shall be tried by a jury, under the direction of the said judges re spectively. VII. And be it further enacted, That no person shall be deemed competent to serve upon any jury as afore said, who shall not have and possess a freehold estate of fifty acres or more of cleared land, or a freehold dwell ing house or tenement of the value of three hundred pounds sterling or upwards, situate in some part of New South Wales or Van Diemen's Land respectively. VIII. And be it further enacted, That it shall and may be lawful for his Majesty, his heirs and successors, by any order to be by him or them issued with the advice of his or their privy council, at any time or times hereafter, to cause the trial by jury to be further intro duced and applied in such parts of New South Wales and Van Diemen's Land, and their respect ive depen dencies, at such time, in such cases, and with, under, and subject to such rules, modifications, and limitations in respect thereof, as to his Majesty, his heirs and suc cessors, shall seem meet, and as shall be specified in any such order in council in that behalf. IX. And be it further enacted, That the said Su preme Courts respectively shall be Courts of Equity in New South Wales and Van Diemen's Land, and the dependencies thereof respectively, and shall have power and authority to administer justice, and to do, exercise, and perform all such acts, matters, and things necessary for the due execution of such equitable jurisdiction, as the Lord High Chanceller of Great Britain can or law fully may within England. VOL. II. A A 354 APPENDIX. X. And be it further enacted, That the said Supreme Courts respectively shall be Courts of Ecclesiastical Jurisdiction, and shall have full power and authority to administer and execute within New South Wales and Van Diemen's Land, and the dependencies thereof re- . spectively, such ecclesiastical jurisdiction and authority as shall be committed to the said Supreme Courts re spectively by his Majesty's said charters or letters patent ; provided, that in all cases where the executor or executors of any will, upon being duly cited, shall refuse or neglect to take out probate, or where the next of kin shall be absent, and the effects of the deceased shall appear to the said judges respectively to be exposed and liable to waste, it shall be lawful for the said judges respectively to authorize and empower the registrar, or other ministerial officer of the said Supreme Courts respectively, to collect such effects, and hold, or deposit, or invest die same in such manner and place, or upon such security, and subject to such orders and directions as shall be made, either as applicable to all such cases, or specially in any case, by the said judges, in respect of the custody, controul, or disposal thereof. XI. And be it further enacted, That in all cases where the process of the said Supreme Courts respectively hath been sued out against any defendant or defendants in any plaint or action entered in the said Supreme Courts respectively, for debt upon specialty, or bill or note under hand, or book debt, upon a concessit solvere, and a non est inventus has been returned, it shall be lawful for the said Supreme Courts respectively to issue an attachment, thereby commanding the sheriff or Pro vost Marshal of New South Wales or Van Diemen's Land respectively, or his lawful deputy, to attach the monies, goods, chattels, or debts of any such defendant or defendants, in the hands of any person or persons APPENDIX. 355 whomsoever, and notwithstanding any such person shall be the wife or attorney of the defendant aforesaid, in whose possession or power such monies, goods and chat tels may be, or from whom such debts may be due, and also to require such person or persons to appear at a day certain of the next term or meeting of the said Supreme Courts respectively, to show cause why the said monies, goods, chattels, or debts, or so much thereof as will satisfy the debt demanded, should not be delivered to the plaintiff or plaintiffs in such action ; at which day, if the said person or persons shall confess, or it shall otherwise be made to appear to the satisfaction of the said Supreme Courts respectively, that the said monies, goods, chattels, or debts do properly belong to the said defendant or defendants against whom process hath been returned as aforesaid, and if the said plaintiff or plain tiffs, their, his, or her agent or attorney do swear in open court that the debt so demanded is due, and that no part thereof hath been satisfied, and do also give secu rity in double the debt demanded, to restore with treble damages the same, or so much thereof as shall after- wards be disproved, then and in all such cases the plaintiff or plaintiffs shall have judgment for the said debt demanded, and execution against the said monies, goods, chattels, and debts so attached; Provided always, that if the said defendant or defendants, or any person as attorney to the said defendant or defendants shall appear, and put in bail to answer the action and satisfy the judgment, then and in all such cases the said attach ment shall be dissolved, and proceedings had according to the usual course in the said Supreme Courts respec tively; and if any person or persons as aforesaid, in whose possession or power such money, goods, chattels or debts shall be so attached, shall dispose of the same or any part thereof before the said debt demanded shall be satisfied, or the said attachment dissolved, then and in 356 APPENDIX. every such case the said person or persons for such their default shall be liable to make satisfaction to the plain tiff or plaintiffs, out of his, her, or their proper estates, and in case no such satisfaction shall be made, shall be liable to be dealt with as for contempt of the said Su preme Courts respectively. XII. And be it further enacted, That on the trial of every issue of fact joined between the parties in any action at law by this act made cognizable in the said Supreme Courts, where the sum or matter at issue shall exceed the amount or value of five hundred pounds ster ling, and where such trial shall not be by a jury, the judges of the said Supreme Courts respectively shall cause the evidence to be taken down in writing by the clerk or other proper officer of the said Supreme Courts respectively, and repeated in open court to the witnesses respectively giving the same ; and the evidence so taken and repeated shall be entered upon the proceedings of the court, and be of record, and that no objection shall be allowed to the competency of witnesses of sufficient age and discretion, except for interest in the event of the trial ; and in every case in which any appeal shall be made or allowed under the provisions of this act, copies of all documents and papers which shall have been pro duced and given in evidence shall be certified by the said clerk, or other proper officer of the court to be appointed for that purpose, as authentic; and also copies of any documents and papers which . shall have been produced and, tendered in evidence, and rejected, shall, if required by the party producing the same, be in like manner authenticated, but marked by such officer as aforesaid as rejected, in order that all such copies may be annexed to the record as part thereof, in case of appeal. XIII. And be it further enacted, That it shall be lawful APPENDIX. 35*7 for the plaintiff or plaintiffs, defendant or defendants, against whom any judgment, decree, order, or sentence of the supreme Courts, respectively shall be given, for or in respect of any sum or matter, at issue above the amount or value of five hundred pounds, to appeal therefrom to the Court of Appeals herein-after mentioned ; andithe party or parties appealing from such judgment, Decree, order, or sentence, shall, within fourteen days from the passing thereof, give notice to the adverse party or parties of such appeal, and within twenty-eight days from and after such judgment, decree, order, or sentence, enter into sufficient security, to be approved by the judges of the said Supreme Courts respectively, to satisfy or perform the said judgment, decree, order, or sentence, in case the same shall be affirmed, or the appeal dismissed, together with such further costs as shall be awarded thereon ; and in all cases of appeal where notice shall be given, and secu rity perfected as aforesaid, execution shall be stayed, and not otherwise. XIV. And be it further enacted, That it shall be law ful for the judges of either of the Supreme Courts afore said, on the application of either of the parties, plaintiff or defendant, at or before the hearing or trial, of any suit or action, commenced in the said Supreme Courts respectively, to permit an appeal to the said courts of ap peals, from any judgment, decree, order, or sentence of the said Supreme Courts respectively, although the sum or matter at issue, for or in respect of which such judg ment, decree, order, or sentence shall or may be given, made or pronounced, shall not amount to or be of the value of five hundred pounds sterling, in case it shall be made to appear to the satisfaction of the said judges of the said Supreme Courts respectively, that such judg ment, decree, order, or sentence may be of peculiar im- . portance, or may affect directly or indirectly, the decision 358 APPENDIX. of any other question or questions of peculiar impor tance, or involve directly or indirectly, any claim, de mand, or question to or respecting property, or any civil right, amounting to or of the value of five hundred pounds sterling ; and in all such cases where the trial shall not be by a jury, the evidence given before the said Supreme courts respectively, shall be taken down in writing, and repeated to the witnesses giving the same ; and such evidence shall be of record, and copies shall be made and authenticated of all documents and papers pro duced, in such manner as before directed, respecting the trial of issues of fact, where the sum or matter at issue shall exceed the amount or value of five hundred pounds sterling. XV. And be it further enacted, That the governor or acting governor, of New South Wales, shall from time to time hold a court, to be called " The Court of Ap peals, of the colony of New South Wales," which court shall have power and authority, in all sUch cases as afore said, to receive and hear appeals from the judgments, decrees, orders, and sentences of the Supreme Courts of New South Wales, and Van Diemen's Land respectively, and to affirm, alter, or reverse the said judgments, de crees, orders, or sentences, in whole or in part, or to dis miss the said appeals, with costs or otherwise, as may be iust : Provided always, that the governor or acting go. vernor, aforesaid, shall be assisted in the hearing or determining of all appeals from the Supreme Court of Van Diemen's Land, by the chief justice of the Supreme Court of New South Wales : Provided also, that the record of every judgment, decree, order, or sentence to be pronounced by the said Court of Appeals,shall by* such court be remitted to the Supreme Court, whence the appeal was brought, to be by such Supreme Court, car ried into effect according to law : Provided also, that APPENDIX. 359. upon any appeal to be brought to the said Court of Ap peals from any judgment of either of the said Supreme Courts, founded upon the verdict of a jury of twelve men, the said court of Appeals shall not reverse, alter, or inquire into the said judgment, except only for error of law apparent upon the record. XVI. And be it further enacted, That it shall and may be lawful for his majesty, by the said charters or letters patent, respectively, to allow any person or persons, feel ing aggrieved by any judgment, decree, order, or sen tence, of the said court of Appeals, to appeal there from to his Majesty in council, in such manner, within such time, and under and subject to such rules, regu lations, and limitations, as his Majesty, by any such charters or letters patent respectively, shall appoint and prescribe. XVII. And be it further enacted, That it shall be lawful for his Majesty, his heirs and successors, by his said charters or letters patent, or by any order in council at any time hereafter to make and prescribe, or to authorize and empower the judges of the said Supreme Courts, in New South Wales, and Van Diemen's Land, respectively, under such limitations as his Majesty shall deem proper, to make and prescribe such rules and orders, touching and concerning the time and place of holding the said courts respectively, the forms and manner of proceeding, and the practice and pleadings upon all indictments, in formations, actions, suits, and other matters to be therein brought, the appointing of commissioners to take bail and examine witnesses, the taking examinations of witnesses de bene esse, and allowing the same as evidence, the granting of Probates of Wills, and Letters of Adminis tration, the proceedings of the sheriff, provost marshal, and other ministerial officers, the process of the said courts, and the mode of executing the same, the impan. 360 APPENDIX. nelling of juries, the admission of attornies, solicitors, and barristers, the fees, poundage, or perquisites to be law fully demanded by any officers, attorney, or solicitor in the said courts respectively, and all other matters and things whatsoever, as to his Majesty, his heirs and suc cessors, shall seem meet for the conduct of business in the said courts respectively, and as may be adapted to the circumstances and condition of the said colony ; and such rules and orders from time to time to alter, amend, or revoke, as to his Majesty, his heirs and successors, shall seem requisite ; and all rules and orders so to be established, by any such order or orders, in council as aforesaid, shall be of such and the like force and effect, as if the same had been inserted in this present Act. XVIII .And be it further enacted, That the governor or acting governor of New South Wales, and Van Diemen'sLand, and the dependencies thereof respectively,. upon the arrival in the said colony, of his Majesty's charter, or letters patent for the estabUshment, by virtue of this Act, of the Supreme Courts of New South Wales, and Van Diemen's Land respectively, shall by proclama tion notify to the inhabitants of the said colony, the time when the said courts respectively are to be opened, and the judges thereof respectively are to assume and en ter upon the exercise of their jurisdiction therein ; and when and so soon as the said courts shall actually have so assumed and entered upon the exercise of such jurisdic tion, then and from thenceforth the Act made and passed in the twenty-seventh year of his late Majesty's reign, intituled An Act to enable his Majesty to establish a Court of Criminal Judicature, on the Eastern coast of New South Wales, and the parts adjacent, shall cease to have effect and determine, and the courts of criminal and civil jurisdiction in New South Wales, and its depen dencies respectively, instituted by his Majesty's letters patent under the great seal, and bearing date respectively APPENDIX. 361 the second day of April, and the fourth day of February, in the twenty-fourth and fifty-fourth years of his late Majesty's reign, shall likewise cease and determine, and every suit or complaint which shall at that time be de pending in the said courts respectively, shall and may be proceeded upon in the said Supreme Courts of New South Wales, or Van Diemen's Land, respectively, in the same manner as any suit or complaint originally com menced or brought in such courts respectively under this Act, and as if such suit or complaint had been originally brought or commenced in such courts respectively ; and all the records, muniments, and proceedings whatsoever of and belonging to the said Courts of Criminal and Civil Jurisdiction respectively shall, from and immedi ately after the opening of the Supreme Courts respec tively instituted under this ;Act, be delivered over and deposited for safe custody in the said Supreme Courts respectively, to which all parties concerned shall and may have recourse as to the other records of the said courts : provided, that until the said Supreme Courts to be esta blished by virtue of this Act shall have actually assumed and entered upon the exercise of their jurisdiction in the said colony, the said courts of criminal and civil jurisdic tion, now existing in New South Wales, and Van Diemen's Land, and the dependencies thereof, shall enjoy and exercise all powers, authorities, and jurisdic tions lawfully vested in them by the said several letters patent, as fully and effectually to all intents and pur poses as if this Act had not been made, XIX. And be it further enacted, That Courts of Ge neral or Quarter Sessions shall be holden in New South Wales and Van Diemen's Land, and their dependencies, at such times and places as the governor or acting go vernor of New South Wales shall by his proclamation appoint; aud the said Courts of Sessions respectively 862 APPENDIX. shall have power and authority to take cognizance of all matters and things cognizable in Courts of General or Quarter Sessions in England, so far as the circumstances and condition of the said colony shall require and admit ; and the said courts shall have power and authority in a summary way to take cognizance of all crimes and mis demeanors not punishable with death, which have been or shall be committed by any felons or other offenders who have been or shall be transported to New South Wales or its dependencies, and whose sentences shall not have expired or been remitted, and also of all crimes and misdemeanors committed by any such felons, or offenders on board of any ship or vessel, during the voyage to New South Wales, or the dependencies thereof, and the same to punish, if such courts shall see fit, by extending the time for which such persons may have been originally transported, or by transportation to such other part of New South Wales, or the dependencies thereof, as shall or may be appointed for the reception of offenders as hereafter mentioned, and as the case may require, and by hard labour for any time not exceeding three years ; and also in a like summary way to take cognizance of all complaints made against any such felons or offenders, for drunkenness, disobedience of orders, neglect of work, absconding or desertion, abusive language to their, his, or her employers or overseers, insubordination or other turbulent or disorderly conduct, and all such offences to punish by whipping or other corporal punishment, not extending to privation of life or member, or by removal to some other part or place in the said colony, or its dependencies, and hard labour, according to the nature and degree of such offences re spectively : provided, that a return of all sentences im posed by the said court, be made to such governor, or acting governor aforesaid, and shall be by him within six APPENDIX. 363 months transmitted to one of his Majesty's principal secretaries of state in England. XX. And be it further enacted, That it shall be law ful for the governor, or acting governor of New South Wales, from time to time, to institute courts of civil jurisdiction, to be called " Courts of Requests," in dif ferent parts of New South Wales, and Van Diemen's Land, or the dependencies thereof, as occasion shall re quire, with full power and authority, to hear and deter mine in a summary way, all actions, plaints, and suits for the payment or recovery of any debt, damages, or matter not exceeding ten pounds sterling, except the matter in question, shall relate to the title to any lands, tenements, or hereditaments, or to the taking or demand ing of any duty payable to the king, or to any fee of office, annual rent, or other such matter, where rights in future may be bound, or to any general right or duty, and to award costs therein ; and the determination and award of such courts of requests, in all cases within the jurisdiction thereof, shall be final, and shall be carried into execution by attachment and sale of the goods and effects, or by corporal arrest of the party or parties, against whom such determination or award shall be made ; and each of the said courts of requests respec tively shall be holden by a commissioner, to be appointed by the governor or acting governor aforesaid, for the time being, with such salary as the said governor or acting governor, with the approbation of his Majesty, shall think proper to appoint ; which salary shall be in lieu of all fees, profits, or emoluments whatever, in respect of the office of such commissioner as aforesaid. XXI. And be it further enacted, That the governor or acting governor of New South Wales, shall and may, with the assistance of the chief justice of the Supreme 364 APPENDIX. Court of New South Wales, from time to time settle such forms of process, and such rules of practice and proceeding, for the conduct and dispatch of business, in the said courts of sessions and requests respectively, and appoint such reasonable fees to be taken as shall seem necessary and proper for expediting the business of the said courts with most convenience and least expence to the parties concerned therein, and such rules and forms shall be followed, and such fees shall be paid accordingly, and no other- XXII. And whereas it is expedient to make provision for an equal distribution of the effects of insolvent debtors in New South Wales, and Van Diemen's Land, and the dependencies thereof, among their creditors ; be it further enacted, that as often as any writ or other pro cess for the recovery of any debt or sum due, shall be issued by the Supreme Courts aforesaid, or either of them, against any person or persons, residing or carrying on business in New South Wales, or Van Diemen's Land, or any place within the respective dependencies thereof, and it shall be made to appear to the said courts respec tively, at the return of such writ or process, that the person or persons against whom the same shall have been issued, is or are unable to pay twenty shillings in the pound to all his, her, or their creditors, it shall be lawful for the judges of the said courts respectively, to cause the person or persons against whom the same shall have been issued, together with all his, her, or then creditors, to be summoned by public notice to attend the , said court on a certain future day ; and in the meantime, if it shall appear necessary to the judges of the said courts respectively, to appoint one or more of the said creditors as provisional trustee or trustees, to discover, collect, and receive the estates and effects of such person- or persons so appearing to be insolvent, subject to the orders and APPENDIX. directions of the said judges respectively ; and if after due examination of the person or persons against whom process shall have been issued as aforesaid, or if such person or persons shall abscond or fail to attend the said courts respectively pursuant to such summons as aforesaid, it shall be made to appear to the satisfaction of the said judges respectively, that such person or persons, is or are insolvent, it shall be lawful for the said courts respectively to declare such person or persons insolvent, accordingly, and immediately to take order for discovering, collecting, and selling the estates, debts, and effects of such insolvent, or insolvents, and distributing the produce thereof, equally and rateably amongst ail his, her, or their credi tors, and for that purpose to authorize any two or more creditors of the said insolvent, or insolvents, or any other fit and proper person or persons, to be for that purpose nominated by the said courts respectively, to act as and be trustees for the benefit of the creditors of such in solvent, or insolvents ; and the said courts respectively, shall from time to time, make such orders as shall be just, for better discovering, collecting, selling, and realizing the estates, debts, and effects of the person or persons so declared insolvent, and for making a rateable distribution thereof, amongst all the creditors of such insolvent per son or persons, or, if occasion shall require, for vesting the same, or any parts thereof, in the public funds or securi ties in England, until such distribution can be made. XXIII. And be it further enacted, That if such in solvent person or persons shall make a full and true dis closure, discovery, and surrender of all his, her, or their estates, goods, debts, and effects, and shall conform to the orders and directions of the said judges of the said Supreme Courts respectively in respect thereof, the same shall and may, with the consent in writing under the bands of the major part in number and value of the 366 APPENDIX. creditors of such insolvent or insolvents, be certified by the judges, under the seal of the said courts respectively ; and such certificate may be pleaded, and shall be a bar to all suits and complaints for debts and contracts for payment of money due, and entered into by such person or persons prior to the time of his, her, or their being declared insolvent as aforesaid ; and if any person or persons so declared insolvent as aforesaid shall fail to make a true disclosure and discovery of all his, her, or their estate or estates and effects, or shall otherwise re fuse to conform to the orders or directions of the said judges of the said courts respectively, it shall be lawful for the said courts respectively to cause such person or persons to be arrested and imprisoned until he, she, or they shall make such disclosure and discovery, and in all respects conform to such orders and directions : Pro vided always, that no person or persons who shall be declared insolvent as aforesaid a second time, shall be entitled to any such certificate, unless his, her, or their estate or estates and effects, when collected and realized, shall be sufficient to pay at least fifteen shillings in the pound to all his, her, or their creditors ; and that no person or persons who shall be declared insolvent as afore said a third time or oftener shall be entitled to any such certificate. XXIV. And whereas it may be necessary to make laws and ordinances for the welfare and good govern ment of the said colony of New South Wales, and the dependencies thereof, the occasions of which cannot be foreseen, nor without much delay and inconvenience be provided for, without entrusting that authority for a certain time, and under proper restrictions, to persons resident there : And whereas it is not at present expe dient to call a Legislative Assembly in the said colony ; be it therefore enacted, That it shall and may be lawful APPENDIX. 367 for his Majesty, his heirs and successors, by warrant under his or their sign manual, to constitute and appoint a council, to consist of such persons resident in the said colony, not exceeding seven, nor less than five, as his Majesty, his heirs and successors, shall be pleased to appoint ; and upon the death, removal, or absence of any of the members of the said council, in like manner to constitute and appoint such and so many other per son or persons as shall be necessary to supply the vacancy or vacancies ; and the governor or acting governor for the time being of the said colony, with the advice of the council to be appointed as aforesaid, or the major part of them, shall have power and authority to make laws and ordinances for the peace, welfare, and good government of the said colony, such laws and ordinances not being repugnant to this Act, or to any charter or letters patent, or Order in Council which may be issued in pursuance hereof, or to the laws of England, but consistent with such laws, as far as the circumstances of the said colony will admit : Provided always, that no law or ordinance shall be passed or made, unless the same shall first by the said governor or acting-governor be laid before the said council, at a meeting to be for that purpose con vened by a written summons under the hand of such governor or acting governor, to be delivered to or left at the usual place of abode of the members of such council respectively : Provided also, that in case all or the major part of the members of the said council shall dissent from any law or ordinance proposed by such governor or acting-governor at any such meeting as aforesaid, the members of the said council so dissenting shall enter upon the minutes of such council the grounds and rea sons of such their dissent, and in every such case such proposed law or ordinance shall not pass into a law; pro vided nevertheless, that if it shall appear to the governor or acting-governor for the time being of the said colony, 368 APPENDIX. that such proposed law or ordinance is essential to the peace and safety thereof, and cannot without extreme injury to the welfare and good government of the said colony be rejected, then and in every such case, if any, one or more member or members of the said council shall assent to such proposed law, the said governor shall enter upon the minutes of the council the grounds and reasons of such his opinion ; and in every such case, and until the pleasure of his Majesty, his heirs and suc cessors, shall be made known in the said colony respect ing the same, such law or ordinance shall be of full force and effect in the said colony, and the dependencies thereof, any such dissent as aforesaid of majority of the members of the said council notwithstanding. : XXV. Provided also, and be it further enacted, That in case any rebellion or insurrection shall have actually broken out in the said colony, or if in the judgment of the governor or acting-governor thereof for the time being, there shall be good and sufficient cause to appre hend that any such rebellion or insurrection is about forthwith to break out therein, then and in every such case it shall and may be lawful for such governor or acting-governor to promulgate and enforce within the said colony and its dependencies any law or ordinance which may be necessary for suppressing or preventing any such rebellion or insurrection as aforesaid, although every member of the said council should dissent from any such law or ordinance. XXVI. Provided also, and be it further enacted, That it shall and may be lawful for his Majesty, his heirs and successors, by any order to be by him or them issued by and with the advice of his or their privy council, to make and establish any law or ordinance which may have been previously laid before and dissented from by APPENDIX. 369 he whole or the major part of the said council, in case such law or ordinance shall appear to his Majesty, his heirs and successors, to be necessary for the better government of the said colony and its dependencies. XXVII. Provided also, and be it further enacted, That the said governor and council shall not impose any tax or duty upon any ship or vessel trading with the said colony, or the dependencies thereof, or upon any goods, wares, and merchandize, imported into or ex ported from the same, nor any other tax or duty, except only such taxes or duties as it may be necessary to levy for local purposes ; and the purposes for which every such tax or duty may be so imposed, and to or towards which the amount thereof is to be appropriated and ap phed, shall be distinctly and particularly stated in the body of every law or ordinance imposing every such tax or dutv. XXVIII. And whereas an Act of parliament was made in the fifty-ninth year of the reign of his late Majesty King George the Third, intituled An Act to stay proceedings against any governor or other person concerned in imposing and levying duties in New South Wales ; to continue, until the first day of January, one thousand eight hundred and twenty-one, certain duties ; and to empower the said governor to levy a duty on spirits made in the said colony : And whereas the said Act hath been continued from time to time, by divers Acts of parliament, and was varied and altered by an Act passed in the third year of the reign of his present Majesty, intituled An Act to continue, until the first day of January, one thousand eight hundred and twenty- four, an Act passed in the fifty-ninth year of his late Majesty, relating to imposing and levying duties in New South Wales ; to authorize the imposing and levying VOL. II. B B &70 AJ'P&NDIX. other duties on goods imported into the said colony ; and to suspend for ten years the payment of duty on the importation of certain goods, the produce of New South Wales ; and it is expedient that the said Act of the fifty- ninth year of the reign of his said late Majesty King George the Third, should be made perpetual, and that all the powers and authorities thereby, or by the said Act of the third year of the reign of his present Majesty, committed to the governor or other person administer ing the government of New South Wales, should be continued as fully as if this present Act had not been made; be it therefore enacted by the authority aforesaid, That the said Act passed in the fifty-ninth year of his said late Majesty King George the Third, shall be and the, same is hereby made perpetual, and that nothing in this Act contained shall extend or be construed to extend to repeal, alter, or affect the said last-mentioned Act, or the said Act passed in the third year of the reign of his present Majesty ; any thing herein contained to the con trary in anywise notwithstanding. XXIX. And be it further enacted, That no law or ordinance, shall by the said governor or acting governor, be laid before the said council for their advice or appro bation, or be passed into a law, unless a copy thereof, shall have been first laid before the chief justice of the Supreme Court, of New South Wales, and unless such chief justice; shall have transmitted to the said governor or acting governor, a certificate under the hand of such chief justice, that such proposed law is not repugnant to the Laws of England, but is consistent with such laws, sp, far as the circumstances of the said colony will admit, XXX. And be it further enacted, That every law or ordinance so to be made, as aforesaid, shall, within six APPENDIX. 371 months from the date thereof, be transmitted by the governor or acting governor, for the time being, of the said colony, to one of his Majesty's principal secretaries of state for the time being ; and that it shall and may be lawful for his Majesty, his heirs and successors, from time to time, as he or they shall think necessary, to sig- nify» through one of his or their principal secretaries of state, his or their approbation or disallowance of all such laws and ordinances ; and that from and immediately after the time when such disallowance shall be published in the said colony, by a proclamation to be for that pur pose issued by the Said governor or acting governor, all such laws and ordinances shall be null and void ; but in Case his Majesty, his heirs arid successors, shall not, within the space of three years, from the making of such law's an>d ordinance's, signify his or their disapprobation, or disallowance thereof as aforesaid, then and hi that case all such laws and ordinances shall be valid and effectual, and have full force. XXXI. Provided also, and be it further enacted, That stfl laws and ordinances to be made in the said colony, and aft- orders to be made by his;M:ajesty,his heirs and succes sor's,- with the advice of his and their Privy Council, in pursuance1 df this Act, s ball be laid before both houses of Parliament, within six weeks at latest, next after the commencement of each sessions. XXXII. And be it further enacted, That the mem bers5 for the time being of the said council, shall by virtue of such their office be justices of the peace, in and forthe whole- of the said colony of New South Wales, and its dependencies', and shall within the said colony, take pre cedence of all persons next after the gOvernbr or acting governor thereof, and the judge's of the said Supreme Courts, and the commander in chief foi' thV time being, S73E APPENDIX. of his Majesty's forces within the said colony and its de pendencies ; and the said members of the council shall, before they enter upon and discharge the duties of such their office, severally take and subscribe, before and in the presence of the governor or acting governor thereof, for the time being, an oath in the following words ; that is to say, ' I do swear, That I will, to the best of my judgment 6 and ability, faithfully advise and assist the governor or ' acting governor of the colony of New South Wales, and • its dependencies, in all such matters as shall be brought ' under my consideration as a member of the council of ' the said colony ; and I swear, that I will not, directly ' or indirectly, communicate or reveal to any person or ' persons, any matter which shall be so brought under my ' consideration, or which shall become known to me as a ' member of the said council. So help me GOD.' XXXIII. And be it further enacted, That in case of the death, absence, or permanent incapacity of any mem ber or members of the said legislative council, the governor or acting governor for the time being of the said colony, shall and may appoint some fit and proper person to act in the place and stead of such person or persons, until the vacancy or vacancies so created shall be filled up by an appointment to be made by his Majesty, his heirs and successors, in manner aforesaid. XXX. And whereas by an Act passed in the thirtieth Year of the reign of his late Majesty King George the Third, intituled An Act for enabling his Majesty to authorize the governor or lieutenant governor of such places beyond the seas to which felons or other offenders may be transported, to remit the sentences of such offen ders, after reciting several orders made by his Majesty APPENDIX. 373 with the advice of his privy council, whereby his Majesty had declared and appointed that the eastern coast of New South Wales, and the islands thereunto adjacent should be the place or places beyond sea, to which cer tain felons and other offenders should be conveyed and transported, it was enacted, that it should be lawful for his Majesty, by his commission under the great seal, to authorize the governor or lieutenant governor for the time being, of such place or places as aforesaid, by any instrument in writing under the seal of the government in which such place or places should be situated, to re mit, either absolutely or conditionally, the whole or any part of the time or term for which any such felons or offenders should have been or should thereafter be respec tively conveyed or transported to such place or places ; and it was further enacted, that such governor or lieute nant governor should, by the first opportunity, transmit to one of his Majesty's principal secretaries of state, du plicates of every instrument as aforesaid, and that the names of such felons or other offenders respectively, whicli should be contained in such duplicates, should be inserted in the next general pardon which should pass under the great seal of Great Britain after the receipt of such duplicates : And whereas in virtue of the said Act and of his majesty's commission under the great sea], the governors of New South Wales, for the time being, have from time to time, remitted the time or term for which divers felons and other offenders, have been transported to the said places, but the duplicates of the several in struments, by which such times or terms of transportation , were remitted, have not been regularly transmitted to England, and the names of the felons, or other. offenders respectively therein contained, have not been inserted in any general pardon under the great, seal of Great Bri tain ; be it further enacted, that all instruments in writ ing, made in conformity with the said Act, or which shall 374 APPEXDIX. be so made before the first day of January next, whereby any governor or lieutenant-governor of New South Wales, for the time being, hath remitted or shortened, or may remit or shorten the time or term of transportation of any felons or offenders as aforesaid, shall have and shall be deemed and taken to have had, within New South Wales and its dependencies, from the days of the respec tive dates of such several instruments, such and the like force and effect in the law, to all intents and purposes, as any general pardon, if passed under the great seal afore said, and including the names of such felons or other offenders respectively, could or would have had ; and the same instruments, whenever they shall be ratified by his Majesty, if his Majesty shall be pleased to ratify the same, and such ratification shall be notified in writing by one of his Majesty's principal secretaries of state, shall have the same force and effect within this realm, and all other his Majesty's Dominions, from the days of the respective dates of such several instruments, or from such other days as shall be expressed in such ratifications respectively. XXXV. And be it further enacted, That all instru ments in writing whereby any governor or acting-gover nor pf New Squth Wales shall hereafter remit or shorten the time or term of transportation of any felons or other qffenders, in pursuance of the said Act passed in the thirtieth year of the reign of his said late Majesty King George the Third, shall by such governor or acting- gpvernor be transmitted to his Majesty, his heirs and successors, for his and their approbation or allowance ; and in case his Majesty, his heirs and successors, shall, through one of his or their principal secretaries of state, signify bis or their approbation or allowance of any such remission of shortening of any such time of term of transportation as aforesaid, then and in such case only, APPENDIX. 375 every such instrument so transmitted as aforesaid shall have, and shall be deemed and taken from the date thereof to have had, within New South Wales and the dependencies thereof, but not elsewhere, such and the same effect in the law, to all intents and purposes, as if a general pardon had passed under the great seal afore said, on the days of the dates of such instruments respec tively, in which the names of such felons or offenders as aforesaid had been included. XXXVI. And be it further enacted, That if any pet- son or persons, being in New South Wales or any of the dependencies thereof, under or by virtue of any sentence of transportation, or order of any court in the United Kingdom of Great Britain and Ireland, for any time or term of years not then expired, or not remitted by the governor or acting-governor of the said Colony, shall be convicted by due course of law in the said colony, or any of the dependencies thereof, of any offence, which if committed in England would Or might be punishable by transportation ; it shall and may be lawful for the court before which any such offender or offenders may be so convicted, to sentence and adjudge him, her, or them to detension and safe custody in New South Wales, or any of the dependencies thereof, for any term Or num ber of years, not exceeding the term or number Of years for which such offender of offenders might or could by law be sentenced to transportation, in case he, she, or they had been convicted of such or the like offence in any Court of Record in England ; and such detehsion shall take effect, and be computed, not from the date of any such sentence or judgment as aforesaid, but from the time when the term of such original sentence Of transportation shall expire ; and in case any person or persons who shall be so sentenced to be detained in the said colony or its dependencies, shall be afterwards at S76 APPENDIX. , large within any part of the united kingdom of Great Britain and Ireland, without lawful cause, before the expiration of the term for which such offender or offen ders shall have been sentenced to be detained as afore said, every such offender being at large as afoiv said* and being thereof lawfully convicted, shall suffer death as in cases of felony without benefit of clergy, and such of fender or offenders may be tried before the justices of Assize, Oyer and Terminer, Great Sessions, or Gaol Delivery for the county, city, liberty, borough, or place, in any part of his Majesty's dominions, where such of fender or offenders shall be apprehended or taken ; and on every such trial, a certificate in writing, signed by the judge or judges of the Court in New South Wales or its dependencies, whereby such offender was so sentenced to be detained, containing the effect and substance only (omitting the formal part) of the indictment and con viction of such offender, and of the sentence of deten tion, shall be sufficient proof of the conviction and sen tence of every such offender. XXXVII. And be it further enacted, That if any person or persons who may hereafter be transported to New South Wales, or any of the dependencies thereof, under any sentence or order of any court in the united kingdom aforesaid, shall be guilty of misbehaviour or disorderly conduct on board of any ship or vessel in which such person or persons shall be so transported, it shall be lawful for the surgeon or principal medical officer for the time being of any such ship or vessel to inflict, or cause to be inflicted, on the person or persons so offending, such moderate punishment or correction as may be inflicted by law on convicts confined on board vessels in the river Thames, by the superintendent or overseer of those vessels : Provided always, that no such punishment or correction shall be so inflicted, unless the APPENDIX. 377 master or principal officer for the time being of such ship or vessel shall first signify his approbation thereof in writing under his hand ; and every such punishment or correction as aforesaid, together with the particulars of the offence for which the same may be so inflicted, togedier with such written approbation as aforesaid, shall on the same day, in all cases, be entered by such master or principal officer as aforesaid, upon the log of every such ship or vessel, under a penalty of fifty pounds in case of every refusal or neglect to make such entry, to be recovered by bill, plaint, or information in either of the Supreme Courts of New South Wales and Van Diemen's Land aforesaid, or in any Court of Record in England ; one half of which penalty shall go to the use of his Majesty, his heirs and successors, and the other half to the person or persons who may inform or sue for the same. XXXVIII. And whereas it may be expedient to ap point certain ports or places in New South Wales, or the dependencies thereof, for the reception of felons and other offenders who may hereafter be sentenced to trans portation, or whom it may be necessary to remove from the settlements at present formed in the said colony ; and for the better preventing the escape of such felons or other offenders, it is expedient that no trading ship or vessel should be permitted to enter, or touch at, or hold intercourse with any such ports or places ; be it further enacted, That it shall and may be lawful for his Ma jesty, his heirs and successors, by any order or orders to be issued by and with the advice of his or their most honourable Privy Council, from time to time to appoint such ports or places in New South Wales, or any of the dependencies thereof, as shall be deemed proper for the reception and keeping of felons or other offenders ; and to prohibit all masters, mariners, and other persons, 378 APPENDIX. commanding, navigating, or sailing on board of any ship or vessel from entering, touching at, or communicating with any such port or place, and for that purpose to establish all such rules and regulations as may be neces sary ; and for the breach or violation of any such order or orders, rules or regulations, to impose all such penal ties and forfeitures as to his Majesty, his heirs and suc cessors, with the advice of his and their said council, shall seem meet ; which penalties and forfeitures shall and may be recovered in the Supreme Courts of New South Wales and Van Diemen's Land respectively, or in any Court of Record or Vice-admiralty in any part of his Majesty's dominions. XXXIX. And be it further enacted and declared, That any person or persons who shall in any manner contrive, aid, abet, or assist in the escape, or intended escape, from any part of New South Wales or Van Die- men's Land, or the dependencies thereof, of any person or persons there being under or by virtue of any judg ment or sentence of transportation for any term not then expired, or of any judgment or sentence pronounced in any court of competent jurisdiction in the said colony or its dependencies, is and are, and shall be and be deemed and taken to be guilty of a misdemea nor, and shall incur and be liable to fine not exceeding five hundred pounds, or to imprisonment for any time not exceeding two years, or to both, at the discretion of the court before which any such person or persons may be convicted ; and such misdemeanor shall and may be tried and inquired of by the Supreme Courts of New South Wales or of Van Diemen's Land respectively, or by his Majesty's Court of King's Bench a Westminster, or by any Court of Record in any of his Majesty's colo nies, plantations, or foreign dominions. APPENDIX. 379 XL- And be it further enacted, That froiw and after the thirtieth day of June in the year of our Lord one thousand eight hundred and twenty-four, all the provi sions, penalties, clauses, matters, and things contained in an Act passed in the second year of the reign of his Majesty King George the Second, intituled An Act for the Regulation and Government of Seamen in the Mer chant Service, shall be and the same are hereby extended to New South Wales, and the dependencies thereof. XLI. And be it further enacted, That it shall and may be lawful for any artificer, handicraftsman, mechanic, gardener, servant in husbandry, or other labourer, not being under the age of eighteen years, by indenture duly executed, and without a stamp, to contract with any person or persons about tp proceed to or actually resident in New South Wales, or the dependencies there of, or with the agent or agents of such person or persons faithfully to serve or to proceed to and faithfully serve such person or persons in the said colony, or the depen dencies thereof, for any period not exceeding the full term of seven years, to be computed from the day of the date of such indenture. XLII. And be it further enacted, That it shall and may be lawful for any person or persons with whom such artificer, handicraftsman, mechanic, gardener, ser vant in husbandry, or other labourer, shall have so con tracted to serve as aforesaid, to maintain an action on the case against any person or persons who shall employ, retain, harbour, or conceal any such artificer, handi craftsman, mechanic, gardener, servant in husbandry, or other labourer, with intent to deprive the employer of any such person or persons of his, her, or their services or otherwise, with intent to defraud or injure such em ployer ; and in case the plaintiff or plaintiffs in any such 380 APPENDIX. action shall recover a verdict, he, she, or they shall, in addition to the damages found by such verdict, shall re cover and have treble costs. XLIII. And be it further enacted, That it shall and may be lawful for the Court of Sessions, or any . two or more justices of the peace in New South Wales, or the dependencies thereof, upon complaint made upon oath, to punish by fine or imprisonment, or both, any wilful violation of the provisions of such indentures as afore said by, or any misdemeanor, miscarriage, or ill-be haviour of, such artificer, handicraftsman, mechanic, gardener, servant in husbandry, or other labourer, in such his service or employment as aforesaid, and alsO to hear and determine all complaints, differences, and dis putes which shall happen and arise between any such arti ficer, handicraftsman, mechanic, gardener, servant in husbandry, or other labourer, and the person or persons whom he shall have so contracted to serve as aforesaid, and to make such order or award in every such case as to such Courts of Sessions or justices shall seem just, and every such order or award to enforce by execution against the goods, effects, or other property of the party or parties against whom such order or award shall be made, or by arrest of the person, and imprisonment for any time not exceeding three calendar months. XLIV. Provided always, and be it further enacted, That in case it shall at any time seem fit to his Majesty, his heirs and successors, to constitute and erect the island of Van Diemen's Land, and any islands, territories, or places thereto adjacent, into a separate colony, indepen dent of the government of New South Wales, it shall and may be lawful for his Majesty, his heirs and succes sors, so to do, any thing herein-before to the contrary contained in anywise notwithstanding ; and in that case APPENDIX. 381 it shall and may be lawful for his Majesty, his heirs and successors, by any order to be by him or them issued, by and with the advice of his or their Privy Council, to commit to any persons or person within the said island of Van Diemen's Land, and such islands, territories, or places as aforesaid, such and the like powers, authorities, and jurisdictions, as by virtue of this present act or of any other act of Parliament are or may lawfully be com mitted to any person or persons within the colony of New South Wales and its dependencies, subject, never theless to all such and the like restrictions, provisoes, and declarations as are herein-before made and contained, and thereupon the appeal herein-before granted to the governor of New South Wales and its dependencies, from the judgments, decrees, orders, and sentences of the Supreme Court of Van Diemen's Land, shall cease and determine ; and from and after the making of any such order, all instruments in writing whereby any governor or acting governor of Van Diemen's Land and its depen dencies shall remit or shorten the term or time of trans portation of any felons or other offenders shall have such and the like force, effect, and virtue in the law, as any such instruments in writing to be made by any governor or acting governor of New South Wales and its depen dencies, can or may lawfully have by virtue of the before- mentioned act passed in the thirtieth year of the reign of his late Majesty King George the Third, or by virtue of this present act. ' XLV. And be it further enected, That this act shall be and continue in force until the first day of July in the year of our Lord one thousand eight hundred and twenty-seven, and from thence until the end of the next session of Parliament, 382 APPENDIX. Abstract from 5 Geo. IF. Cap. 84. XXVI. And whereas it hath sometimes happened, that felons under sentence or order of transportation in New South Wales and the islands adjacent, have re ceived from the governor or lieutenant governor thereof remissions, either absolute or conditional, of the whole or of some part of the term of their transportation, and have by their industry acquired property, in the enjoy ment whereof it is expedient to protect them ; and the like may happen in future in the same colony, and in other colonies to which felons may be transported under and by virtue of this act. Be it therefore enacted, that it shall and may be lawful for every felon under order or sentence of transportation, who hath received or shall receive any such remission as aforesaid from the governor or lieutenant governor of New South Wales, or from the governor or lieutenant governor of any other colony, who may be authorised to grant the same, while such felon shall reside in a place where he may lawfully reside under such sentence, order, or remission, and under the provision of this act, to maintain any action or suit for the recovery of any property, real, per sonal, or mixed, acquired by such felon since his or her conviction, and for any damage or injury sustained by such felon since his or her conviction, not only in the courts of the colony or place where such felon shall law fully reside, but also in the courts of this kingdom, and of all other his Majesty's dominions ; and if the defen dant in any such action or suit shall plead or alledge in his defence the plaintiff or complainant's conviction of felony, and the plaintiff or complainant shall alledge and prove that he or she hath received such remission as aforesaid, and is residing in some place consistent there with and with the provisions of this act, a verdict shall pass and judgment shall be given for the plaintiff' or complainant. APPENDIX. 388 CHARTER OF JUSTICE, VAN DIEMEN'S LAND. George the Fourth, by the grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith, to all to whom these presents shall come greeting, Whereas by an act passed in the fourth year of our reign, intituled, " An Act to provide until the first day of July, 1827, and until the end of the next Session of Parliament, for the better adminis tration of Justice in New South Wales and Van Die- men's Land, and for the more effectual government thereof and for other purposes relating thereto ;" It was enacted that it should be lawful for us our heirs or successors, by charters or letters patent under the great seal of our United Kingdom of Great Britain and Ire land, to erect and establish courts of judicature in New South Wales and Van Diemen's Land respectively, which should be styled " The Supreme Court of New South Wales,'' and " The Supreme Court of Van Die- men's Land," and that each of such courts respectively, should be holden by one judge or chief justice, ano should have such ministerial and other officers as should be necessary for the administration of justice in the said courts respectively, and for the execution of the judg ments, decrees, orders, and process thereof. And it was enacted that the said judge should be, from time to time, appointed by us, our heirs and successors ; and that the said ministerial and other officers of the said courts re spectively should, from time to time, be appointed to, and removed from, their respective offices in such man ner as we, our heirs and successors, should by such charters or letters patent as. aforesaid direct ; and that the said judges should be respectively intided to receive such reasonable salaries, as, we, our heirs and successors 384 APPENDIX. should approve and direct, which salaries should be in lieu of all fees and emoluments whatsoever. Now know ye that we, upon full consideration of the premises, and of our especial grace, certain knowledge, and considera tion, have, in pursuance and by virtue of the said act of parliament, thought fit to grant, direct, order, and ap point, and by these presents do, accordingly for us, our heirs and successors, grant, direct, order, and appoint that there shall be within that part of our colony of New South Wales called Van Diemen's Land a court which shall be called " The Supreme Court of Van Diemen's Land." And we do hereby create, direct, and consti tute the said Supreme Court of Van Diemen's Land to be a Court of Record. And we do further will, ordain, and appoint that the said Supreme Court of Van Die- men's Land shall consist of, and be holden by, and before one judge, who shall be called the Chief Ju.-tice of the Supreme Court at Van Diemen's Land, which Chief Justice shall be a barrister in England or Ireland, to be named and appointed from time to time by us our heirs and successors, by letters patent under our and their great seal of the united kingdom of Great Britain and Ireland; and such Chief Justice shall hold his office dur ing the pleasure of us our heirs and successors, and not otherwise ; and every Chief Justice to be appointed after the date of these presents shall be of no less than five years standing at the bar. And we do hereby give and grant to our said Chief Justice rank and precedence above and before all our subjects whomsoever within the island of Van Diemen's Land aforesaid, and the islands, territories, and places dependent thereupon, excepting the governor, lieutenant-governor, or acting-governor for the time being of the said island, - and excepting all such persons as by law or usage in England take place before our Chief Justice of our Court of King's Bench. And we do further grant, ordain, and appoint that the APPENDIX. 385 said Supreme Court of Van Diemen's Land shall have and use, as occasion may require, a seal, bearing a device and impression of our royal arms within an exergue or label surrounding the same, with this inscription, " The Seal of the Supreme Court of Van Diemen's Land." — And we do hereby grant, ordain, and appoint that the said seal shall be delivered to, and kept in, the custody of the said chief justice : And we do further grant, or dain and declare, that the said chief justice, so long as he shall hold his office, shall be entitled to have and re ceive a salary of 1,2001. sterling by thf yeaij and our lieutenant-governor for the time being of our said island of Van Diemen's Land is hereby directed and required to cause such salary to be paid to the said chief justice by four quarterly payments, at the four most usual days of payment in the year, in bills of exchange, to be drawn by such lieutenant-governor as aforesaid, on the Lords Commissioners of our Treasury in England, payable to, or to the order of, the said chief justice, and which bills shall, by our said lieutenant-governor, be accordingly delivered to the said chief justice : And we do further grant, ordain, and declare, that the said salary shall commence and take place, in respect to any person who shall be resident in Great Britain or Ireland at the time of his appointment, upon and from the day on which any such person shall thereupon embark, or depart from Great Britain or Ireland for Van Diemen's Land; to take upon, him the execution of the said office ; and that the salary of any such chief justice, who shall at the time of his appointment be resident at Van Diemen's Land aforesaid, shall commence and take place from and after his taking upon him the execution of such his office ; and that such salary shall be in lieu of all fees of office, perquisites, emoluments, and advantages what soever ; and that no fee of office, perqu site, emolument, or advantage whatsoever, other than and except the said vol. n. c c 386 APPENDIX. salary, shall be accepted, received or taken by such chief justice in any manner, or on any account or pretence whatsoever ; provided nevertheless that it shall be law ful for the said chief justice to occupy and inhabit any official house or residence within the said island of Van Diemen's Land, which hath been, or may be hereafter provided for his residence and occupation, without pay ing to us, our heirs, or successors, any rent for the same, and without being obliged to repair, maintain, or uphold any such house or official residence at his own cost or charges: And we do further ordain, appoint, and declare, that no chief justice of the said Supreme Court of Van Diemen's Land shall be capable of accept ing, taking, or performing any other office or place of profit or emolument, on pain that the acceptance of any such other office or place as aforesaid shall be, and be deemed in law, de facto, an avoidance of his office of chief justice, and the salary thereof shall cease, and be deemed to have ceased accordingly, from the time of such acceptance of any other office or place: And we do hereby constitute and appoint our trusty and well- beloved John Lewes Pedder, Esq. to be the first chief justice of the said Supreme Court of Van Diemen's Land, the said John Lewes Pedder being a barrister in England. And we do hereby ordain, appoint and de clare, that there shall be and belong to the said court the following officers, that is to say, a registrar or prothono- tary, a master and keeper of records, and such and so many others, as to the chief justice of the said court for the time being, shall from time to time appear to be ne cessary for the administration Of justice, and the due execution of all the powers and authorities which are granted and committed to the said court by these our letters patent ; provided nevertheless, that no new office shall be erected in the said court, unless the governor or acting-governor for the time being of our said island APPENDIX. 387 shall first signify his approbation thereof to our said chief justice for the time being in writing, under the hand of such governor, lieutenant governor, or acting go vernor as aforesaid. And we do further ordain, and direct, that all persons who shall and may be appointed to the several offices of master, register, prothonotary or keeper of records, of the said Supreme Court, of. Van Diemen's Land, or to any offices in the said, court, whereof the duties shall correspond to those performed by the master, or prothonotary, or keeper of records, of any or either of the courts of record at Westminster, shall be so appointed by us, our heirs and successors, by warrant under our or their royal sign manual ; and that all persons who shall and may be appointed to any other office within the said Supreme Court, of Van Diemen's Land, shall be so appointed by the chief justice for the time being, of the said court. And we do further direct, and appoint, that the several officers of the said court, so to.be appointed as aforesaid, by us, our heirs and suc cessors, shall hold their respective offices during our and their pleasure; and that the several officers of the said court, so to be appointed as aforesaid, by the chief justice thereof, shall always be subject to be removed by the said court from their offices therein, upon resaonable -. cause. And we do hereby authorise and empower the said Supreme Court of Van Diemen's Land, to approve, admit, and enrol, such and so many persons, having been admitted barristers at law, or advocates, in Great Britain or Ireland, or having been admitted writers, attornies, or solicitors, in one of our courts at Westminster, Dublin, or Edinburgh, or having been admitted as proctors in any Ecclesiastical Court in England, to act as well in the characters, as well of barristers and advocates, as of proc tors, attornies, and solicitors, in the said court ; and which persons so approved, admitted, and enrolled, as aforesaid, shall be, and hereby are authorised to appear and c c 2 388 appendix:. plead and act for the suitors of the said court, subject always to be removed by the said court from their sta^ tion therein, upon reasonable cause. And we do declare, that no other person or persons whatsoever shall be allowed to appear, and plead, or act, in the said Supreme Court, of Van Diemen's Land, for, or on behalf of such suitors or any of them : provided always, and we do ordain and declare, that in case there shall not be a sufficient number of such barristers at law, advocates, writers, at- , tornies, solicitors, and proctors, within the said island* competent and willing to appear and act for the suitors of the said court, then and in that case, the said Supreme Court of Van Diemen's Land, shall, and is hereby au thorised to admit, so many other fit and proper persons to appear and act as barristers, advocates, writers, proc tors, attornies, and solicitors, as may be necessary, accord- ng to such general rules and qualifications as the said court shall for that purpose make and establish : pro vided that the said court shall not admit any person to act in any or either of the said characters, who hath been, by due course of law, convicted of any crime, which, according to any law now in force in England, would disqualify him from appearing and acting in any of our courts of record at Westminster. And we do hereby ordain, and declare, that the governor, lieutenant governor, or acting governor, for the time being, of the said island of Van Diemen's Land, shall yearly, on the first Monday in the month of January, in each year, by warrant under his hand and seal, nominate and appoint some fit and proper person to act as, and be, the sheriff for our said island, of Van Diemen's Land, and its de pendencies, for the year ensuing ; which sheriff, when appointed, shall, as soon as convenientiy may be, and before he shall enter upon his said office, take the oath of allegiance, before the lieutenant govemorof the said island, who is hereby authorised to administer the same ; and appendix. 389 such sheriff shall continue in such his office during the space of one whole year, to be computed from the said first Monday in die month of January, and until another shall be appointed and sworn into the said office. And in case such sheriff shall die in his office, or depart from the said island of Van Diemen's land, then another person shall, as soon as conveniently may be after the death or departure of such sheriff, be in like manner ap pointed and sworn as aforesaid, and shall continue in his office, for the remainder of the year, and until another sheriff shall be duly appointed and sworn into the said office. And we do further order, direct, and appoint, that the said sheriff and his successors, shall by them selves, or their sufficient deputies to be by them appointed, and duly authorised under their respective hands and seals, and for whom he and they shall be responsible during his or their continuance in such office, execute, and the said sheriff and his said deputies are hereby authorised to execute, all the writs, summonses, rules, orders, warrants, commands, and process, of the said Supreme Court, of Van Diemen's Land, and make return of the same, together with the manner of the ex ecution thereof, to the Supreme Court, of Van Diemen's Land ; and to receive and detain in prison, all such per sons as shall be committed to the custody of such sheriff, by the said Supreme Court, of Van Diemen's Land, or by the chief justice of the said court. And we do fur ther authorise our lieutenant governor, for the time being of the said island of Van Diemen's Land, to re-appoint the same persons to fill the office of sheriff, from year to year, if it shall appear to our said lieutenant governor, expedient so to do, nevertheless so as that such appoint ment be annually renewed, and be not ever made for more than one year ; provided nevertheless, and we do hereby require our heutenant governor for the time being of our said island, of Van Diemen's Land, in the selec- 390 APPENDIX. tion of any person or persons, to fill the said office of sheriff of Van Diemen's Land, to conform himself to such directions as may from time to time be given in that behalf by us, our heirs and successors, through one of our or their principal secretaries of state. And we do further direct, ordain and appoint, that whenever the said Supreme Court of Van Diemen's Land shall direct or award any process against the said sheriff, or award any process in any cause, matter, or thing, wherein the said sheriff, on account of his being related to the parties or any of them, or by reason of any good cause of chal lenge, which would be allowed against any sheriff in England, cannot or ought not by law to execute the same, in every such case the said Supreme court of Van Diemen's Land shall name and appoint some other fit person to execute arid return the same, and the said pro cess shall be directed to the person so to be named for that purpose, and the cause of such special proceedings shall be suggested and entered on the records of the said court: Provided always, and we do hereby ordain and declare, that the said Supreme Court of Van Diemen's Land shall fix certain limits, beyond which the said sheriff shall not be compelled, or compellable, to go in person, or by his officers or deputies, for the execution of any process of the said Court ; and when the process of the said court shall be to be executed in any place or places, beyond the limits so to be fixed, we grant, ordain, and direct, that the said Supreme Court of Van Diemen's Land shall, upon motion direct by what person or persons, and in what manner, such process shall be executed, and the terms and conditions which the party, at whose instance the same shall be issued, shall enter into, in order to pre vent any improper use or abuse of the process of the said court ; and the said sheriff shall, and he is hereby re quired to grant his special warrant, or deputation, to such person or persons as the said court shall direct for appendix. 391 the execution of such process ; and in that case we direct and declare, that the said sheriff, his executors or admi nistrators, shall not be responsible, or liable for any act to be done in, or in any way respecting the execution of such process under and by virtue of such special warrant; and that any person or persons being aggrieved under or by pretence of such special warrant, shall and may seek their remedy under any security which may have been directed to be taken upon the occasion, and which the said court is hereby authorised to direct to be taken. And whereas in the said Act of Parliament it is enacted, That the said courts shall have cognizance of all pleas, civil, criminal, or mixed, and the jurisdiction of the said courts in all such cases is thereby settled and ascertained, but it is thereby enacted that the said courts shall be courts of ecclesiastical jurisdiction, and shall have full power and authority to administer and execute, within New South Wales and Van Diemen's Land and the depen dencies thereof, such ecclesiastical jurisdiction and au thority as shall be committed to the said Supreme Courts by our charters or letters patent. Now we do hereby for us, our heirs and successors, grant, ordain, establish, and appoint that the said Supreme Court of Van Die- men's Land shall be a Court of Ecclesiastical Jurisdic tion, with full power to grant probates under the seal of the said court, of the last wills and testaments of all, or any of the inhabitants of the said island of Van Diemen's Land and its dependencies, and of all other persons who shall die and leave personal effects within the said island and its dependencies ; and to commit letters of admi nistration, under the seal of the said court, of the goods, chattels, credits, and all other effects whatsoever of the persons aforesaid, who shall die intestate, or who shall not have named an executor resident within the said island of Van Diemen's Land and its dependencies, or where the executor, being duly cited, shall not appear 392 appendix. and sue forth such probate, annexing the will to the said letters of administration, when such persons shall have left a will without naming any executor, or any person for executor, who shall then be alive and resident within the said island of Van Diemen's Land and its depen dencies, or who, being duly cited thereunto, will not ap pear and sue forth a probate thereof; and to sequester the gOods and chattels, credits, and other effects what soever, of such persons so dying, in cases allowed by law, as the same is and may be now used in the diocese of London ; and to demand, require, take, hear, exa mine, and allow, and if occasion require, to disallow and reject the amounts of them, in such manner and form as is now used, or may be used in the said diocese of London ; and to do all other things whatsoever needful and neces sary in that behalf : Provided always, and we do hereby authorize and require the said court in such cases as afore said, where letters of administration shall be committed, with the will annexed, for want of an executor appearing in due time to sue forth the probate, to reserve in such letters of administration full power and authority to re voke the same, and to grant probate of the said will to such executor whenever he shall duly appear and sue for the same. And we do hereby further authorize and require the said Supreme Court of Van Diemen's Land to grant and commit such letters of administration to any one or more of the lawful next of kin of such person so dying as aforesaid, and being then resident within the jurisdiction of thesaid court,and being of theageof twenty- one years ; and in case no such person shall then be re siding within the jurisdiction of the said court, or being duly cited, shall not appear and pray the same, to the re gistrar of the said court, or to such person or persons, whether creditor or creditors, or not, of the deceased person, as the court shall see fit. Provided always, that probates of wills and letters of administration to be appendix. 393 granted by the said court shall be limited to such money, goods, chattels, and effects, as the deceased person shall be entitled unto within the said island of Van Diemen's Land and its dependencies. And we do hereby further enjoin and require, that every person to whom such let ters of administration shall be committed, shall, before the granting thereof, give sufficient security by bond to be entered into to us our heirs and successors, for the payment of a competent sum of money, with one, two, or more able sureties, respect being had in the sum there in to be contained, and in the ability of the sureties to the value of the estates, credits and effects of the de ceased, which bond shall be deposited in the said court, among the records thereof, and there safely kept, and a copy thereof shall be also recorded among the proceed ings of the said court, and the condition of the said bond shall be to the following effect — " That if the above bounden administrator to the goods, chattels, and effects of the deceased, do make, or cause to be made, a true and perfect inventory of all and singular the goods, credits and effects of the said deceased, which have or shall come to the hands, possession, or knowledge of him the said administrator, or to the hands or possession of any other person or persons for him, and the same so made to exhibit, or cause to be exhibited, into the said Supreme Court of Van Diemen's Land, at or before a day therein to be specified ; and the same goods, chat tels, credits and effects, and all other the goods, chattels, credits and effects of the deceased at the time of his death, or which at any time afterwards shall come to the hands or possession of any such administrator, or to the hands or possession of any other person or persons for him, shall and will well and truly administer according to law ; and further shall make, or cause to be made, a true and just account of his said administration, at or before a time therein to be specified, and afterwards 394 APPENDIX. from time to time, as he, she, or they shall be lawfully required, and all the rest and residue of the said goods, chattels, credits and effects, which shall be found from time to time remaining upon the said administra tion accounts, the same being first examined and allowed of by the said Supreme Court of Van Diemen's Land, shall and do pay and dispose of in due course of ad ministration, or in such manner as the said Court shall direct, then this obligation to be void and of none effect or else to be and remain in full force and virtue." And in case it shall be necessary to put the said bond in suit, for the sake of obtaining the effect thereof for the benefit of such person or persons as shall appear to the said court to be interested therein, such persons from time to time giving satisfactory security for paying all such costs as shall arise from the said suit, or any part therof, such person or persons shall, by the order of the said court, be allowed to sue the same in the name of the Attorney General for the time being of the said island, or of the colony of New South Wales, and the said bond shall not be sued in any other manner ; and we do hereby authorize and empower the said court to order, that the said bond shall be put in suit in the name of the said Attorney General. And we further will, order and require, that the said court shall fix certain periods when all persons, to whom probates of wills and letters of administration shall be granted by the said court, shall from time to time, until the effects of the deceased person shall be fully administered, pass their accounts relating thereto before the said court ; and in case the effects of the de ceased shall not be fully administered within the time for that purpose to be fixed by the said court, then, or at any earlier time, if the said court shall see fit so to direct, the person or persons to whom such probate or administration shall be granted, shall pay, deposit, and dispose of the balance of money belonging to the estate APPENDIX. 395 of the deceased, then in his, her, or their hands, and all money which shall afterwards come into his, her, or their hands, and also all precious stones, jewels, bonds, bills, and securities belonging to the estate of the deceased, in such manner, and unto such persons as the said court shall direct for safe custody. And we require that the said court shall, from time to time, make such order as shall be just for the due administration of such assets, and for the payment or remittance thereof, or any part thereof, as occasion shall require, to or for the use of any person or persons, whether resident or not resident in the said island of Van Diemen's Land and its dependencies, who may be entitled thereto or any part thereof, as credi tors, legatees, or next of kin, or by any right or title whatsoever. ^ And we further order, and direct, that it shall be law ful for the said court to allow to any executor or adminis trator, of any deceased person, except as hereinafter mentioned, such commission, or per centage, out of their assetts, as shall be just and reasonable, for their pains and trouble therein ; provided always, that no allowance whatever shall be made, for the pains and trouble of any executor or administrator, who shall neglect to pass his accounts at such time, or to dispose of any money, goods, chattels, or securities, with which he shall be chargeable, in such manner as, in pursuance of any general or spe cial rule or order of the said court, shall be requisite : and moreover every such executor or administrator, so neglecting to pass his accounts, or to dispose of any such money, goods, chattels, or securities, with which he shall be chargeable, shall be charged with interest, at the rate then current within the said island, and its dependencies, for such sum and sums of money, as from time to time, shall- have been in his hands, whether he shall, or shall not;, make interest thereof. And we do hereby authorise 396 APPENDIX. the said Supreme Court of Van Diemen's Land, to ap point guardians, and keepers, of infants and their estates according to the order and course observed in that part of our United Kingdom, called England ; and also guardians, and keepers, of the persons and estates of natural fools, and of such as are, or shall be deprived of their understanding or reason, by the act of God, so as to be unable to govern themselves, and their estates, which we hereby authorise and empower the said court to enquire, hear, and determine, by inspection of the person, or such other ways and means by which the truth may be best discovered and known. And where as it is by the said Act, enacted that it shall be lawful for us, by our said charters or letters patent, respectively, to allow any person or persons, feeling aggrieved by any judgment, decree, order, or sentence,' of the court of ap peals of the colony of New South Wales, to appeal therefrom to us in council, in such manner, within such time, and under and subject to such rules, regulations, and limitations, as we, by any such charters or letters patent, respectively should appoint and prescribe. Now we do hereby direct, establish, and ordain, that any person or persons may appeal to us, our heirs and successors, in our and their privy council, in such manner, within such time, and under and subject to such rules, regulations, and limitations, as are hereinafter mentioned, that is to say, in case any such judgment, decree, order, or sen tence, shall be given or pronounced for, or in respect, of any sum, or matter at issue, above the amount, or value, of £2000. sterling ; or in case such judgment, decree, order, or sentence, shall involve, directly or indirectly, any claim, demand, or question, to, or respecting, pro perty^ any other civil right, amounting to, or of the value of -f2000 sterling ; or in case the said court of appeal, should by any such judgment, decree, order, or sentence, reverse, alter, or vary, any judgment, decree, order, or APPENDIX. 397 sentence, of the said Supreme Court of Van Diemen's Land ; the person, or persons, feeling aggrieved by any such judgment, decree, order, or sentence, of the said court of appeals, may, within fourteen days next after the same shall have been pronounced, made, or given , apply to the said court of appeals, by petition, for leave to appeal therefrom, to us,our heirs and successors in our and their Privy Council ; and in case such leave to ap peal shall be prayed by the party, or parties, who is, or are, directed to pay any sum of money, or perform any duty, the said court of appeals, shall, and is hereby em powered, either to direct that the judgment, decree, or order, or sentence appealed from, shall be carried into execution, or that the execution thereof shall be sus pended pending the said appeal, as to the said court may appear to be most consistent, with real and substantial justice. And in case the said court of appeal, shall direct such judgment, decree, order, or sentence, to be carried into execution, the person or persons, in whose favor the same shall be given, shall, before the execution thereof, enter into good and sufficient security, to be approved of by the said court of appeals, for the due performance of such judgment, or order, as we, our heirs, or successors, shall think fit to make thereupon, or in case the said court of appeals, shall direct the execution of any such judgment, decree, order, or sentence, to be suspended pending the appeal, the person or persons, against whom the same shall have been given, shall in like manner, and before any order for the supension of any such execution is made, enter into good and sufficient security, to the said court of appeals, for the due performance of such judgment or order, as we, our heirs or successors shall thinkfit to make thereupon, And in all cases we will and require that secu rity shall also be given by the party or parties appellant, to the satisfaction of the said Court of Appeals, for the prosecution of the appeal, and for the payment of all 898 APPENDIX. such costs as may be awarded by us our heirs or succeS* sors to the party or parties respondent ; and if such last- mentioned security shall be entered into within three months from the date of such petition for leave to appeal, then, and not otherwise, the said Court of Appeals shall allow the appeal, and the party or parties appellant shall be at liberty to prefer and prosecute his, her, or their appeal to us, our heirs or successors in our or their Privy Council, in such manner, and under such rules, as are observed in appeals made to us from our plantations or colonies. And we do hereby reserve to ourself, our heirs and successors, in our or their Privy Council, full power and authority, upon the humble petition at any time, of any person or persons aggrieved by any judg ment or determination of the said Court of Appeals, to refuse or admit his, her, or their appeal therefrom, upon such terms, and upon such limitations, restrictions and regulations, as we or they shall think fit ; and to reverse, correct, or vary such judgment or determination as to us or them shall seem meet. And it is our further will and pleasure, that in all cases of appeal allowed by the said Court of Appeals, or by us our heirs or succes sors, the Court of Appeals shall certify, and transmit to us, our heirs or successors, in our or their Privy Council, a true and exact copy of all evidence, proceedings, judg ments, decrees and orders, had or made in such causes appealed, so far as the same have relation to the matter of appeal, such copies to be certified under the seal of the said court. And we do further direct and. ordain, that the said Supreme Court of Van Diemen's Land shall, in all cases of appeal to us, our heirs or successors, conform to and execute, or cause to be executed, such judgments and orders as we shall think fit to make in the premises, in such manner as any original judgment, decree, decretal, order, or other order or rule, by the said Supreme Court of Van Diemen's Land, should or APPENDIX. 399 might have been executed. And we do hereby strictly charge and command all governors, commanders, magis trates, ministers civil and military, and all our liege sub jects within and belonging to the said island of Van Die- men's Land, that in the execution of the several powers, jurisdictions and authorities hereby granted, made, given, or created, they be aiding and assisting, and obedient in all things, as they will answer the contrary at their peril. Provided always, that nothing in these presents con tained, or any act which shall be done under the autho rity thereof, shall extend, or be construed to extend, to prevent us, our heirs or successors, to repeal these pre sents, or any part thereof, or to make such further and other provisions, by letters patent, for the administra tion of justice, civil and criminal, within the said island, and the places now or at any time hereafter to be an nexed thereto, as to us, our heirs and successors, shall seem fit, in as full and ample a manner as if these pre sents had not been made, these presents, or any thing herein contained to the contrary thereof, in anywise not withstanding. In witness whereof we have caused these our letters to be made patent. Witness ourself at West minster the 13th day of October, in the fourth year of our reign. By writ of Privy Seal, Bathurst. 400 APPENDIX CHARTER OF THE SUPREME COURT, NEW SOUTH WALES. George the fourth by the grace of God, of the United Kingdom of Great Britain, and Ireland, King, Defender pf theFaith,to all to whom these presents shall come greeting, Whereas by an Act passed in the fourth year of our reign, intituled " An Act to provide until the first day of July, one thousand eight hundred and twenty-seven, and until the end of the next session of Parliament, for the better administration of justice in New South Wales, and Van Diemen's Land, and for the more effectual govern ment thereof, and for other purposes relating thereto.'' It was enacted that it should be lawful for us, our heirs or successors, by charters or letters patent, under the great seal of our United Kingdom of Great Britain and Ireland, to erect and establish Courts of Judicature in New South Wales, and Van Diemen's Land, respectively, which should be styled " The Supreme Court of New South Wales," " and the Supreme Court of Van Diemen's Land," and that each of such courts respectively, should .be holden by one judge or chief justice, and should have such Ministerial or other officers as should be necessary for the administration of justice, in the said courts respectively, and for the execution of the judg ments, decrees, orders, and process thereof. And it was enacted that the said judges should from time to time, be appointed by us, pur heirs and successors, and that the said ministerial and other officers of the said courts respectively, should from time to time be appointed to and removed from their respective offices in such man ner as we, our heirs and successors should by such char ters or letters patent, as aforesaid direct, and that the APPENDIX. 401 said judges should be respectively entitled to receive such reasonable salaries, as we, our heirs and successors should approve and direct, which salaries should be in lieu of all fees or other emoluments whatsoever. Now know ye, that we upon full consideration of the premises, and of our especial grace, certain knowledge and mere motion have in pursuance of the said Act of Parliament thought fit, to grant, direct ordain, and appoint, and by these presents do accordingly for us our heirs and successors, grant, direct, ordain, and appoint, that there shall be within that part of our colony of New South Wales, situate in the island of New Holland, a court which shall be called a Supreme Court of New South Wales. And we do hereby create, direct, and constitute the said Su preme Court of New South Wales, to be a Court of Record : And we do further will, ordain and appoint, that the said Supreme Court of New South Wales, shall consist of, and be holden by and before one judge, who shall be and be called the chief justice of the Supreme Court of New South Wales, which chief justice shall be a barrister, in England, or Ireland, of not less than five years standing, to be named and appointed from time to time, by us, our heirs and successors, by letters patentj under our and their great seal of the United Kingdom of Great Britain, and Ireland, and such chief justice shall hold his office during the pleasure of us, our heirs and successors and not otherwise. And we do hereby give and grant to our said chief justice, rank and precedence, above and before all our subjects whomsoever within the colony of New South Wales aforesaid, and the Islands, territories, and places dependant thereupon, excepting the .governor or acting governor for the time being of the said colony, and excepting all such persons as by law or usage take place in England, before our chief justice of our court of King's Bench. And we do further grant, ordain and appoint, that the said Supreme Court of New Vol. ii. d d 402 appendix. South Wales, shall have and use as occasion may require^ a seal bearing a device and impression of our royal arms, within an exergue or label- surrounding the same, with this inscription. " The Seal of the Supreme Court of New South Wales." And we do hereby grant, ordain, and appoint that the said seal shall be delivered to, and kept in the custody of the said chief justice ; and we do further grant, ordain, and declare, that the said chief justice, so long as he shall hold his office, shall be entitled to have and receive a salary of two thousand, pounds sterling, by the year, and our governor or acting governor for the time being of the said colony, is hereby directed and required to cause such salary to be paid to the said chief justice, by four quarterly payments, at the four most usual days of payment in the year, in bills of ex change, to be drawn by such governor or acting governor, as aforesaid, on the lords commissioners of our treasury in England, payble to or to the order of such chief jus tice, arid which bill shall by our said governor or acting governor, be accordingly delivered to the said chief justice- And we do further grant, ordain, and declare, that the said salary shall commence and take place in respect to any person who shall be resident in Great Britain, or Ireland, at the time of his appointment, upon and" from the day on which any such person shall thereupon em bark or depart from Great Britain, or Ireland, for New South Wales, to take upon him the execution of the said office, and that the salary of any such chief justice, who shall at the time of his appointment be resident in New South Wales, aforesaid, shall commence and take place from and after his taking upon him the execution of such, his office, and that such salary shall be in lien of all fees of office, perquisites, emoluments, and advantages whatso ever, and that no fee of office, perquisite, emolument, or advantage whatsoever, other than and except the said salary shall'be accepted, received, or taken by such chief appendix. 403 justice, in any manner or on any account or pretence whatsoever. Provided nevertheless that it shall be law ful for the said chief justice to occupy, and inhabit any official house, or residence, within the said colony of New South Wales, which hath been, or may hereafter be pro vided for his residence and occupation without paying to us, our heirs and successors, any rent for the same, and without being obliged to repair, uphold, or maintain any such house or official residence at his own costs, and charges. And we do further grant, appoint, and declare, that no chief justice of the said Supreme Court of New South Wales, shall be capable of accepting, taking, or performing any other office or place of profit, or emolu ment, on pain that the acceptance of any such other of fice or place as aforesaid shall be, and be deemed in law de facto, an avoidance of his office of chief justice, and the salary thereof shall cease and be deemed to have ceased accordingly, from the time of such acceptance of any such other office or place. And we do hereby con stitute and appoint our trusty and well beloved Francis Forbes, Esquire, to be the first chief justice of the said Supreme Court of New South Wales, the said Francis Forbes, being a Barrister, in England, of five years standing and upwards ; and we do hereby ordain, ap point, and declare, that there shall be and belong to the said court, the following officers, that is to say, a regis trar, a prothonotary, a master, and a keeper of records, and such and so many other officers, as to the chief jus tice of the said court, for the time being, shall from time to time appear to be necessary for the administration of justice, and the due execution of all the powers and authorities, which are granted and committed to the said court, by these our letters patent ; provided nevertheless that no new office shall be created in the said court, un less the governor or acting governor, for the time being of our said Colonv, shall first signify his approbation dd 2 404 APPENDIX. thereof to our said chief justice, for the time being, in writing under the hand of such governor or acting go vernor, as aforesaid ; and we do further ordain and direct, that all persons who shall and may be ap pointed to the several offices of master, registrar, prothonotary, or keeper of records, of the said Supreme Court of New South Wales, or to any offices in the said court, whereof the duties shall correspond to those per formed by the master, registrar, prothonotary, or keeper of records, of any or either of our courts of record at Westminster, shall be so appointed by us, our heirs, and successors, by warrant under our or their royal sign manual, and that all persons who shall and may be ap pointed to any other office within the said Supreme Court of New South Wales, shall be so appointed by the chief justice, for the time being of the said court ; and we do further direct and appoint, that the several officers of the said court so to be appointed as aforesaid, by us, our heirs and successors, shall hold their respective offices, during our and their pleasure, and that the several offi cers of the said court, so to be appointed as aforesaid, by the chief justice thereof, be subject to be removed by the said court from their offices therein, upon reasonable cause; and we do hereby authorize and empower the said Supreme Court of New South Wales, to approve, admit, and enrol such and so many persons having been admitted barristers at law, or advocates in Great Britain Or Ireland, or having been admitted writers, attornies, or solicitors, in one of our courts at Westminster, Dublin, or Edinburgh, or having been admitted as proctors in any ecclesiastical court in England, to act as well in the character of barristers and advocates, as of proctors, at tornies, and solicitors, in the said court, and which per sons so approved, admitted, and enrolled as aforesaid, shall be and are hereby authorized to appear and plead and act for the suitors of the said court, subject always APPENDIX. 4,05 to be removed by the said court, from that station therein upon reasonable cause ; and we do declare, that no other person or persons whatsoever, shall be allowed to appear and plead or act in the said Supreme Court of New South Wales, for and on behalf of such suitors or any of them ; provided always and we do ordain and declare, that in case there shall not be a sufficient num ber of such barristers at law ; advocates, writers, at tornies, solicitors,' and proctors, within the said colony, competent and willing to appear and act for the suitors of the said court, then and in that case the said Supreme Court of New South Wales, shall and is hereby autho rized to admit so many other fit and proper persons to appear and act as barristers, advocates, proctors, attor nies, and solicitors, as may be necessary according to such general rules and qualifications as the said court shall for tliat purpose make and establish, provided that the said court shall not admit any person to act in any or either of the characters aforesaid, who hath been by due course of law convicted of any crime, which according to any law now in force in England, would disqualify him from appearing and acting in any of our courts of record, in Westminster : And we do hereby ordain and declare that the governor or acting governor, for the time being of the said colony of New South Wales, shall yearly on the first Monday in the month of January, in each year, by warrant under his hand and seal, nominate and ap point some fit and proper person to act as, and be the sheriff for our said colony of New South Wales, and its dependencies, other than and except the island of Van Diemen's Land, for the year ensuing, which sheriff when appointed shall as soon as conveniently may be, and be fore he shall enter upon his said office, take an oath faith fully to execute his office, and the oath of allegiance be fore the governor or acting governor, who are hereby authorized to administer the same, and such sheriff shall 406 APPENDIX. continue in such his office during the space of one whole year, to be computed from the said first Monday in the month of January, and until another shall be appointed and sworn into the said office ; and in case such sheriff shall die in his office, or depart from our said colony of New South Wales, then another person shall as soon as conveniently may be after the death or departure of such sheriff, be in like manner appointed and sworn in as afore said, and shall continue in his office for the remainder of the year, and until another sheriff shall be duly appointed and sworn into the said office ; and we do further order, direct, and appoint, that the said sheriff and his successors, shall by themselves or their sufficient deputies, to be by them ap pointed and duly authorized under their respective hands and seals, and for whom he and they shall be responsible during his or their continuing in such office execute, and the said sheriff and his said deputies, are hereby autho rized to execute all the writs, summonses, rules, orders, warrants, commands, and processes of the said Supreme Court of New South Wales, and make return of the same, together with the manner of the execution thereof, to the Supreme Court of New South Wales, and to re ceive and detain in prison all such persons as shall be committed to the custody of such sheriff, by the said Supreme Court of New South Wales, or by the chief justice of the said court ; and we do further authorize our governor or acting governor, for the time being of the said colony of New South Wales, to re-appoint the same person to fill the office of sheriff, from year to year, if it shall appear to our said governor or acting governor expedient so to do, so nevertheless as that such appoint ment shall be annually renewed, and be not ever made for more than one year ; provided nevertheless, and we do hereby require our said governor or acting governor, of our said colony, in the selection of any person or persons to fill the said office of sheriff, of New South Wales, to conform himself to such directions as may from time to time APPENDIX. 407 be given in that behalf, by us, our heirs, and suecessors, through one of our or their principal secretaries of state ; and we do further direct, ordain, and appoint, that when ever the said Supreme Court of New South Wales, shall direct or award any process against the said sheriff, or award any process in any cause, matter, or thing wherein the said sheriff, on account of his being related to the parties or any of them, or by reason of any good cause of challenge, which would be allowed against any sheriff in England, cannot or ought' not by law, to execute the same ; in every such case, the said Supreme Court of New South Wales, shall name and appoint some other fit person to execute and return the same, and the said process shall be directed to the person so to be named, for that purpose, and the cause of such special proceed ings shall be suggested and entered on the records of the said court ; provided always, and we do hereby or dain and declare, that the said Supreme Court of New South Wales, shall fix certain limits, beyond which the said sheriff shall not be compelled or compellable to go in person, or by his officers or deputies, for the execution of any process of the said court, and when the process of the said court shall be to be executed in any place or places beyond the limits so to be fixed ; we grant, ordain, and direct that the said Supreme Court of New South Wales, shall upon motion, direct by what person or persons, and in what manner such process shall be executed, and the terms and conditions which the party at whose instance the same shall be issued, shall enter into in order to prevent any improper use or abuse of the processs of the said court, and the said sheriff shall, and he is hereby required to grant his special warrant or deputation, to such person or per sons as the said court shall direct for the execution of such process, and in that case we direct and declare that the said sheriff, his executors, or administrators, shall 408 APPENDIX. not be responsible or liable for any act to be done in, or in any way respecting the execution of such process, under and by virtue of such special warrant, and that any person or persons being aggrieved under or by pre tence of such special warrant, shall and may seek their remedy under any security which may have been di rected to be taken upon the occasion, and which the said court is hereby authorized to direct to be taken : And whereas in the said act of Parliament, it is enacted that the said courts shall have cognizance of all pleas, civil, criminal or mixed, and the jurisdiction of the said courts in all such cases, is thereby settled and ascertained : And it is thereby enacted that the said courts, shall be courts of ecclesiastical jurisdiction, and shall have full power and authority, to administer and execute within New South Wales, and Van Diemen's Land, and the dependencies thereof, such ecclesiastical jurisdiction and authority as shall be committed to the said Supreme Courts, by our charters or letters patent ; now we do hereby for us, our heirs and successors, grant, ordain, establish, and appoint, that the said Supreme Court of New South Wales, shall be a court of jurisdiction, with full power to grant Pro bates under the seal of the said court of the last wills and testaments, of all or any of the inhabitants of that part of the said colony, and its dependencies, situate in the island of New Holland, and of all other persons who shall die and leave personal effects within that part of the said colony, and to commit letters of administration under the seal of the said court, of the goods, chattels, credits and all other effects whatsoever, of the persons aforesaid, who shall die intestate, or who shall not have named an executor resident within that part of the said colony and its dependencies, or where the executor being duly cited, shall not appear and sue forth such probate, .annexing the said will to the letters of administration, when such persons shall have left a will without naming any exe- APPENDIX. 409 cutor or any person for executor, who shall then be alive and resident within that part of the said colony, and its dependencies, and who being duly cited thereunto, will appear and sue forth a probate thereof, and to sequester the goods, and chattels, credits, and other effects whatso ever, of such persons so dying, in cases allowed by law, as the same is and may be now used in the diocese of London, and to demand, require, take, hear, examine, mid allow, and if occasion require, to disallow and reject the accounts of them in such manner and form, as may be used in the said diocese of London, and to do all other things whatsoever. needful and necessary in that behalf ; provided always and we do hereby authorize and require the said court, in such cases as aforesaid, where letters of administration shall be committed with the will annexed, for want of an executor applying in due time, to sue forth the probate, to reserve in such letters of administra tion, full power and authority to revoke the same, and to grant probate of the said will to such executor, whenever he shall duly appear, and sue forth the same ; and we do hereby further authorize and require the said Supreme Court of New South Wales, to grant and commit such letters of administration to any one or more of the law ful next of kin, of such person so dying as aforesaid, and being then resident within the jurisdiction of the said court, and being of the age of twenty one years, and in case no such person shall then be residing within the jurisdiction of the said court or being duly cited shall not appear and pray the same, to the registrar of the said court, or to such person or persons, whether creditor or creditors or not of the deceased person, as the court shall see fit: Provided always, that probates of wills and letters of administration to be granted by the said court shall be limited 'to such money, goods, chattels and effects, as the deceased person shall be entitled to within that part of the said colony situate within the island of New Hoi- 410 APPENDIX. land ; and we do hereby further enjoin and require, that every person to whom such letters of administration shall be committed, shall, before the granting thereof, give sufficient security by bond, to be entered into to us, our heirs and successors, for the payment of a compe tent sum of money, with one, two or more able sureties, respect being had in the sum thereilt to be contained, and in the ability of the sureties to the value of the estates, credits and effects of the deceased, which bond shall be deposited in the said court among the records thereof, and there safely kept, and a copy thereof shall be also recorded among the proceedings of the said court, and the condition of the said bond shall be to the following effect : " That, if the above bounded administrator of the goods, chattels and effects of the deceased, do make, or cause to be made, a true and perfect inventory of all and singular the goods, credit* and effects of the said deceased, which have or shallcome to the hands, pos sessions, or knowledge of him' the said administrator, or to the hands or possession cf any other person or per sons for him, and the same so made do exhibit, or cause to be exhibited, into the said Supreme Court of New South Wales, at or before a day therein to be specified, and the same goods, chattels, credits and effects, and all other the goods, chattels, credits and effects of the deceased at the time of his death, or which at any time afterwards shall come to the hands or possession of such administrator, or to the hands or possession of any other person or persons for him, shall well and truly admi nister according to law; and further shall make, or cause to be made, a true and just account of his said administration at or before a time therein to be specified, and afterwards from time to time as he, she, or they shall be lawfully required, and all the rest and residue of the said goods, chattels, credits and effects, which shall be found from time to time remaining upon the APPENDIX. 411 said administration "account, the same being first exa mined and allowed of by the said SUpreme Court of New South Wales, shall and do pay and dispose of in a due course of administration, or in such manner as the said court shall direct, then this obligation to be void and of none effect, or else to be and remain in full force and virtue ; and in case it shall be necessary to put the said bond in suit for the sake of obtaining the effect thereof for the benefit of such person or persons as shall appear to the said court to be interested therein, such person or persons from time to time giving satisfactory security for paying all such costs as shall arise from the said suit or any part thereof, such person or persons shall, by order of the said court, be allowed to sue the same in the name of the attorney-general for the time being of the said colony, and, the said bond shall not be sued in any other manner ; and we do hereby authorise and empower the said court to order that the said bond shall be put in suit in the name of the said attorney- general ; and we do further will, order, and require, that the said court shall fix certain periods when all per sons to whom probates of wills and letters of administra tion shall be granted by the said court, shall from time to time, until the effects of the deceased person shall be fully administered, pass their accounts relating thereto before the said court, and in case the effects of the de ceased shall not be fully administered within the time for that purpose to be fixed by the said court, then or at any earlier time if the said court shall see fit so to direct the person or persons to whom such probate or adminis tration shall be granted, shall pay, deposit, and dispose of the balance of money belonging to the estate of the deceased then in his, her, or their hands, and all money which shall afterwards come into his, her, or their hands, and also all. the precious stones, jewels, bonds, bills, and securities belonging to the estate of the deceased, in such 412 APPENDIX. manner and unto such persons as the said court shall direct for safe custody, and we require that the said court shall from time to time make such order as shall be just for the due administration of such assets, and for the payment or remittance . thereof, or any part thereof, as occasion shall require, to or for the use of any person or persons, whether resident or not resident in the said colony and its dependencies, who may be entitled thereto, or any part thereof, as creditors, lega tees, or next of kin, or by any other right or title what soever ; and we further order and direct that it shall be lawful for the said court to allow to any executor or administrator of the effects of any deceased person (ex cept as herein mentioned) such commission or per cen- tage out of their assets as shall be just and reasonable for their pains and trouble therein : Provided always, that no allowance whatever shall be made for the pains and troubles of any executor or administrator who shall neglect to pass his accounts at such time, or to dispose of any money, goods, chattels, or securities with which he shall be chargeable in such manner as in pursuance of any general or special rule or order of the said court shall be requisite ; and moreover, every such executor or administrator so neglecting to pass his accounts, or to dispose of any such money, goods, chattels, or securi ties with which he shall be chargeable, shall be charged with interest at the rate then current within the said colony and its dependencies, for such sum and sums of money as from time to time shall have been in his hands, whether he shall or shall not make interest thereof; and we do hereby authorise the said Supreme Court of New South Wales to appoint guardians and keepers of infants and their estates, according to the order and course ob served in that part of our united kingdom called Eng land, and also guardians and keepers of the persons and estates of natural fools, and of such as are or shall APPENDIX. 415 be deprived of their understanding or reason by the act of God, so as to be unable to govern themselves and their estates, which we hereby authorize and empower the said court to enquire, hear and determine, by in spection of the person or such other ways and means by which the truth may be best discovered and known : And whereas it is by the said Act enacted, " That it shall and may be lawful for us by our said charters or letters patent, respectively to allow any person or per sons feeling aggrieved by any judgment, decree, order or sentence of the Court of Appeals of the colony of New South Wales, to appeal therefrom to us in our privy council, in such manner within such time and under and subject to such rules, regulations, and limitations, as we by any such charters or letters patent respectively should appoint and prescribe. Now we do hereby direct, esta blish, and ordain, that any person or persons may ap peal to us, our heirs and successors, in our or their privy council, in such manner within such time and under and subject to such rules, regulations and limitations, as art hereinafter mentioned, that is to say, in case any such judgment, decree, order or sentence, shall be given or pronounced for or in respect of any sum or matter at issue above the amount or value of two thousand pounds sterling, or in case' such judgment, decree, order or sentence, shall involve directly or indirecty any claim, demand, or question to or respecting pro/erty, or any civil right amounting to or of the value of two thousand pounds sterling, or in case the said Court of Appeals should by any such judgment, dtcree, order or sentence, reverse, alter, or vary any judgment, decree;, order or sentence of the said Suprerre Court of New South Wales, the person or persons feeling aggrieved »by any such judgment, decree, orderor sentence of the said Court of Appeals, may within fourteen days next after the same shall have been ponounced, made or 414 APPENDIX. given, apply to the said Court of Appeals by petition, for leave to appeal therefrom to us, our heirs and suc cessors, in our or their privy council ; and in case such leave to appeal shall be prayed by the party or parties who is or are directed to pay any sum of money, or per form any duty, the said Court of Appeals shall and is hereby empowered either to direet that the judgment, decree, order or sentence appealed from shall be carried into execution, or that the execution thereof shall be sus pended, pending the said appeal as to the said court may appear to be most consistent with real and substan tial j ustice ; and in case the said Court of Appeal shall direct such judgment, decree, order or sentence to be carried into execution, the person or persons in whose favour the same shall be given, shall before the execu tion thereof enter into good and sufficient security, to be approved by the said Court of Appeals for the due per formance of such judgment or order, as we, our heir* or successors shall think fit to make thereupon, or in case the said Court of Appeals shall direct the execution of any such judgment, decree, order or sentence to be sus pended, pending the appeal, the person or persons against whom the same shall have been given, shall in likemanner, and before any order for the suspension of any Such execution is made, enter into good and suf ficient security to the said Court of Appeals for the due performance of such judgment or order, as we, our heirs or successors shall think fit to make thereupon, and in all cases we will and require that security shall also be given by the party or parties appellant to the satisfac tion of the said Court of Appeals for the prosecution of the appeal, and for. the payment of all such costs as may be awarded by us, our heirs and successors to the party respondent, and if\such last-mentioned security shall be entered into within, three months from the date of such- petition for leave to appeal, then and not ' otherwise the APPENDIX. 415 said Court of Appeals shall allow the appeal, and the party or parties appellant shall be at liberty to prefer and prosecute his, her, or their appeal to us, our heirs or successors in our or their privy council, in such manner and under such rules as are observed in appeals made to us from our plantations or colonies ; and we do hereby reserve to ourself, our heirs and successors, in our or their privy council, full power and authority upon the humble petition at any time of any person or persons aggrieved by any judgment or determination of the said Court of Appeals to refuse or admit his, her, or their appeal therefrom, upon such terms and upon such limi tations, restrictions and regulations, - as we or they shall think fit, and to reverse, correct, or vary such judgment or determination as to us or them shall seem meet ; and it is our further will and pleasure, that in all cases of appeal allowed by the said Court of Appeals, or by us, our heirs or successors, the said Court of Appeals shall certify and transmit to us, our heirs and successors, in our or their privy council, a true and exact copy of all evidence, proceedings, judgments, decrees and orders, had or made in such cases appealed, so far as the same have relation to the matters of appeal, such copies to be certified under the seal of the said court ; and we do further direct and ordain that the same Supreme Court of New South Wales shall, in all cases of appeal to us, our heirs or successors, conform to and execute, or cause to be executed, such judgments and orders as we shall think fit to make in the premises in such manner as any original judgment, decree, or decretal order, or other order or rule by the said Supreme Court of New South Wales should or might have been executed : And we do hereby strictly charge and command all governors, com manders, magistrates, ministers civil and military, and all our liege subjects, within and belonging to the said colony, that in the execution of the several powers, juris- 416 APPENDIX. dictions and authorities hereby granted, made, given, or created, they be aiding and assisting, and obedient in all things, as they will answer the contrary at their peril. Provided always, that nothing in these presents con tained, or any act which shall be done under the autho rity thereof, shall extend, or be construed to extend, to prevent us, our heirs and successors, to repeal these pre sents, or any part thereof, or to make such further or other provision by letters patent for the administration of justice, civil and criminal, within the said colony, and the places now or at any time hereafter, to be annexed thereto, as to us, our heirs and successors shall seem fit, in as full and ample a manner as if these presents had not been made, these presents or any thing herein contained, to the contrary thereof in any wise notwithstanding. In witness thereof we have caused these our letters to be made patent. Witness ourself at Westminster the thirteenth day of October, in the fourth year of our reign. By writ of Privy Seal. THE END. LONDON : SllACKKLL AND AKROWSMJTH, JOHNSON'a-COURT, FLEET-STREET. YALE UNIVERSITY LIBRARY 3 9002 03229 0042