BOUGHT WITH THE INCOME FROM THE SAGE ENDOWMENT FUND THE GIFT OF Henirg 191. Sage 1891 A-IM-^p I0J/M. Stil ^^1 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028620577 REPORTS FROM THE SELECT COMMITTEE ON SOUTH AUSTRALIA; TOGETHER WITH THE MINUTES OF EVIDENCE, APPENDIX AND INDEX. [Communicated by the Commons to the Lords.] Ordered to bs printed 21st June 1841. (174.) ^ FIRST REPORT FROM THE SELECT COMMITTEE ON SOUTH AUSTRALIA. 9th March 1841. (174.) A 2 Jovis, 4° die Februaril 1841. Ordered, That a Select Committee be appointed to consider the South Austrawan Acts, and the actual State of the Colony of South Australia. Veneris, 5° die Februarii 1841. A Committee was nominated of, — Lord Viscount Howick. Lord Stanley. Sir George Grey. Mr. W. E. Gladstone. Mr. G. W. Wood. Lord Viscount Mahon. Mr. Parker. Lord Elliot, Mr. Ward. Captain A' Court. Mr. Vernon Smith. Mr. Raikes Currie. Mr. Sotheron. Lord Fitzalan. Mr. George Hope. Ordered, That the Committee have powor to send for Persons, Papers, and Records. Ordered, That Five be the Quorum of the Committee, Veneris, 5° die Martii 1841. Ordered, That Mr. Ward be discharged from further attendance on the Committee, and that Sir William Molesworth be added to the Committee. Martis, 9° die Martii 1841. Ordered, That the Committee have power to report their Opinion, from time to time, to The House. C 3 ) FIRST REPORT. THE SELECT COMMITTEE appointed to consider the Acts relating to the Colony of South Australia, and the actual State of that Colony ; and who were empowered to report their Opinion thereupon from time to time to The House ; Have considered some of the Matters referred to them, and have agreed to the following Resolutions : . 1. That on the yth July 1840, the Colonization Commissioners for South Australia brought under the notice of the Secretary of State for the Colonial Department, the embarrassed state of the finances of the colony. 2. That on the 13th of July, Lord John Russell recommended to the Lords Commissioners of Her Majesty's Treasury, that the Colonization Commissioners should be ^uthori?;ed to raise a loan to the amount of 120,000/. on the security of the revenues and public lands of the colony ; that the Lords of the Treasury assented to this recommendation on the 18th; and that their Lordships' assent was communicated to the Commissioners on the 20th of the same month. 3. That on the 26th of August, the Commissioners reported that no tenders had been received for the advance of the loan required, and that in the mean- time advices from the colony stated, that while the revenue did not much ex- ceed the rate of 20,000/. per annum, the current expenditure had risen to a rate approg,ching 140,000/. per annum, which they understood would continue until the instructions which they had sent out could reach the Governor. The Commissioners therefore requested the immediate directions of Her Majesty's Government as to the course which they ought to pursue. 4. That the Lords of the Treasury, after full investigation of the circum- stances of the colony, passed a Minute, dated 3 November 1840, of which the following is an extract : Under these circumstances, my"*Lords entirely concur in opinion with Lord John Russell as to the necessity for bringing under the consideration of Parliament, at the earliest oppor- tunity, die whole of the proceedings which have led to the embarrassments in question, in order to a full revision of the system upon which, under the provisions of the Acts relating to South Australia, the government and financial arrangements of the settlement have hitherto been conducted ; and my Lords are also of opinion that, until Parliamentary inquiry can be instituted, the contracting of any new engagements by the commissioners, either for the transmission of emigrants or otherwise, should be suspended. In the meantime, however, my Lords cannot but be strongly impressed with the danger and distress to which the already large population of South Australia, consisting of persons who have legitimately proceeded to, and embarked their property in, the colonj', or who have been conveyed and located there under the sanction of Parliament, and who are still almost entirely dependent on supplies from other quarters for the ordinary articles of subsistence, might be exposed by the total subversion of the credit of the local government and institutions, which wolild probably result from the positive and unqualified refusal and (114.) • ' • 4 3 dishonour 4 FIRST REPORT FROM THE dishonour of the governor's bills by the commissioners ; and my Lords cannot but likewise feel, that great injustice would attend the non-fulfilment on the part of the commissioners of the contracts entered into with parties, who, on the faith of the Parliamentary enactments relating to the settlement, have furnished shipping or stores for emigrants already conveyed or now on the passage to the colony. To arrest these evils, my Lords conceive that they should be warranted in consenting that such guarantee should be given on the part of Her Majesty's Government, as would enable the Colonization Commissioners still to obtain the further loan, in completion of the sum of 206,000Z. they are empowered under the Act 4 & 5 Will. 4. c. 95. to borrow on colonial revenue securities, which was sanctioned by my Lords' minute of 17th July, and whereby the commissioners would apparently be enabled to replace to the credit of the emigration fund such amount as would actually be required to meet the liabilities of that fund, on account of emigrants already forwarded, and also to provide for the payment of such bills drawn from the colony as are likely to be presented before the arrangements regarding the colony can be brought under the consideration of Parliament; In order to do this, my Lords would be prepared to authorize the commissioners to give an assurance to the parties who may be disposed to contract for this loan, that Her Majesty's Government will undertake to recommend to Parliament that, notwithstanding any new arrangements thait may be made in regard to the government of the settlement of South Australia, or to the past or future proceedings of the commissioners, pro- vision shall be made for the due fulfilment of the contract with the lenders, and of any stipulations under which the money may be advanced. At the same time, however, it further appears to my Lords, that this guarantee should only be given on the express understanding and condition, that the money thus to be raised shall not be expended except by specific authority from my Lords' Board ; it being my Lords' intention that it shall only be made applicable to the liquidation of the liabilities already incurred by the South Australian Commission in this country, or to meet such drafts as may be drawn from the colony, before the prohibition from further drawing could reach the governor ; and as the payments on account of the emigration fund, for which my Lords thus propose to pro- vide, will apparently be fully equivalent to the utmost amount to which, at the expiration of the past year, the advances from the emigration to the revenue fund should legally have been left unliquidated, and the transmission of emigrants is in no respect compulsory as to time, my Lords do not deem it necessary or expedient that any sanction should be given for the adoption of measures for collecting or embarking fresh emigrants previously to the meeting of Parliament, or that recourse should be had to the power vested in the commis- sioners by the Act of 1 & 2 Vict. c. 60. of raising any additional sums to be applied to that purpose. My Lords likewise conceive, that the guarantee should be given with the further express understanding, that the officer now under despatch to assume the charge of the colonial government, will be strictly enjoined to limit the expenditure of the government to the amount of the revenue collected in the colony, until he shall receive further authority and in- structions, and to carry on such surveys only as are requisite for the location of parties who have effected purchases of land, taking care they are conducted on the most economical arrangement that may be consistent with proper accuracy.* 5. That on the 5th of November Lord John Russell addressed the following letter to the Colonization Commissioners : Gentlemen, Downing-street, 5 November 1840. I HAVE the honour to transmit to you a letter from, the Secretary of the Treasury to Mr. Stephen, and a minute of the Board of Treasury relating to the pecuniary difficulties of the colony of South Australia. I entirely concur with the Lords of the Treasury in the view which they take of this subject. I have consequently to direct you to propose terms for a loan of 120,000./., giving an assurance to the parties who may be disposed to contract for this loan, that Her Majesty's Government will undertake to recommend to Parliament, that notwithstanding any new arraho'ements that may be made in regard to the government of the settlement of South Australia, or to the past or future proceedings of the commissioners, provision shall be made 5 for SELECT COMMITTEE ON SOUTH AUSTRALIA. 5 for the due fulfilment of the contract with the lenders, and of any stipulations under which the money may be advanced. As without this guarantee on the part of Her Majesty's Government, it would be imprac- ticable for the commissioners to comply with the terms of the Act of Parliament relating to South Australia, and that the case is one of emergency, affecting the welfare, the propertyj and perhaps the lives of the inhabitants of the colony, I consider myself further authorized to direct you not to expend the money thus raised without the specific authority of the Lords of the Treasury, and to comply in all respects with the terms and conditions which their Lordships have laid down in their minute, I have only further to request, that you will lose no time in acting upon the authority thus conveyed to you, I have, &c. 1 (signed) J, Russell. 6. That notwithstanding the guarantee of the Secretary of State's letter, and of the Minute of Treasury, the Commissioners were unable to raise the sum required ; and that the Bank of England having been applied to for advances, under the same guarantee, to meet the exigencies of the colony until reference should be made to Parliament, declined, after conference between the Chancellor of the Exchequer and the Governor and Deputy Governor, to grant the required accommodation. 7- That at the present moment the sales by the Colonization Commissioners of land in the colony are suspended; emigration has ceased since the month of August ; the bills drawn by the Governor have been protested ; the estimated amount of such bills already due and in progress Is 91,0001. ; the amount due to parties in England for services performed is 56,000?. ; and the debt from the Revenue to the Emigration Fund is 56,000/., making a total deficiency of about 210,000/. 8. That the bulk of the protested bills appear to have been hitherto retained by the holders in this country, in the expectation of the adoption by Parliament of some measures for providing for their payment ; but that there is reason to apprehend that protracted uncertainty and delay respecting such measures wUl tend seriously to aggravate the existing difficulties. 9. That this Committee has been informed that Her Majesty's Government contemplate the necessity of proposing to Parliament measures for the relief of the present financial embarrassments of the colony. 10. That while this Committee conceives that the responsibility of any such application to Parliament rests properly with the Executive^ it cannot withhold its opinion that provision ought to be made to meet the actual engagements incurred under the authority of the Resident Commissioner, and the Commis- sioners appointed under the Act 4 Will. 4. c. 95. and to repay the sums due to the Emigration Fund ; and that such provision should not be delayed until after this Committee shall have completed the inquiry in which it is engaged into the South Australian Acts and the general state and prospects df the colony. 9 March 1841. (174.) A 4 ( 6 ) PROCEEDINGS OF THE COMMITTEE. Martis, 9° die Martii, 1841. Sir George Grey in the Chair. Lord Howick. Mr. V. Smith. Mr. G. W. Hope. Lord Stanley. Sir. W. Molesworth. Lord Mahon. Lord Fitzalan. Lord Eliot. Mr. Raikes Currie. Mr. Parker. Mr. G. W. Wood. Mr. Sotheron. Mr. Gladstone. Captain A' Court. Resolutions drawn up by Lord Stanley were laid on the table and read. Resolutions 1 to 8, read^ amended and agreed to. Resolution 8 read, and proposed by Lord Stanley. " That if it be in the contemplation of Her Majesty's Government to propose to Par- liament any measures for the relief of their embarrassments, any uncertainty or delay respecting such measures cannot but tend seriously to aggravate the existing difEculties; but in the opinion of this Committee, the responsibility of an application to Parliament to sanction any aid from the'public funds to meet the financial difficulties of the colony, rests properly with the Executive ; and that this Committee, while it will direct its anxious and unremitting attention to the consideration of the Acts relating to South Australia, and to the actual state of the colony, cannot undertake to offer any opinion whether, or in what manner, such aid shall be aftbrded." Amendment proposed (Mr. V.Smith), from the first word "That," to leave out the words to the first " to " in order to insert these words : " That the bulk of the protested bills appear to have been hitherto retained by the holders in this country, in the expectation of the adoption by Parliament of some measures for providing for their payment; but that there is reason to apprehend that protracted uncertainty and delay respecting such measures will tend seriously to aggravate the existing difficulties." Question put, " That the words proposed to be left out stand part of the Resolution." Ayes. Noes. Captain A' Court. Lord Eliot. Lord Howick. Lord Fitzalan. Lord Mahon. Mr. R. Currie. Mr. G. Hope. Mr. V. Smith. Lord Stanley. Mr. G. W. Wood. Mr. Gladstone. Sir W. Molesworth. Mr. Sotheron. Mr. Parker. Ayes 7. Noes 7. ■ The Chairman gave his vote with the Noes. So it passed in the negative. Resolution proposed (Mr. V. Smith) : « That the bulk of the protested bills appear to have been hitherto retained by the holders in this country, in the expectation of the adoption by Parliament of some measures for providing for their payment ; but that there is reason to apprehend that protracted uncertainty and delay respecting such measures will tend seriously to aggravate the exist- in" difficulties." Question put, and agreed to. Resolution 9, proposed by Mr. Vernon Smiths " That this Committee has been informed that Her Majesty's Government contemplate the necessity of proposing to Parliament measures for the i:e)ief of the present financial embarrassments of the colony." Question put, and agreed to. Resolution ( 7 ) Resolution 10, proposed by Mr. Vernon Smith. " That while this Committee conceives that the responsibility of any such application to Parliament rests properly with the Executive, it cannot withhold its opinion that pro- vision ought to be made to meet the actual engagements incurred under the authority of the Resident Commissioner, and the Commissioners appointed under the Act 4 Will. 4, c. 95. that such provision should not be delayed until after this Committee shall have com- pleted the inquiry in which it is engaged into the South Australian Acts and the general state and prospects of the colony." Amendment proposed {Ijor A. Stanley), to leave out from the first word "That," to the first "of," for the purpose of inserting these words : "This Committee will direct its anxious and unremitting attention to the consideration of the Acts relating to South Australia, and to the actual state of the colony, but that in the opinion of this Committee the responsibility of an application to Parliament to sanc- tion any aid from the public funds to meet the financial difficulties of the colony, rests properly with the Executive." Question put, "That the words proposed to be left out stand part of the Resolution." The Committee divided. Ayes. Noes. Lord Elliot. Captain A'Court, Lord Fitzalan. Lord Howick. Mr. R. Currie. Lord Mahon. Mr. V Smith. Mr. G. Hope. Mr. G. W. Wood. Lord Stanley. Sir. W. Molesworth. Mr. Gladstone. Mr. Parker. Mr. Sotheron. The Chairman gave his vote with the Ayes. Amendment further proposed (Sir W. Molesworth), after "Act 4 Will. 4. c. 95," to insert these words, " And to repay the sum due to the Emigration Fund." Question put, " That these words be there inserted." On a division being called for, it appeared that the Ayes were as follow : Ayes. Noes. Lord Eliot. Lord Fitzalan. Captain A'Court. Mr. R. Currie. Mr. G. W. Wood. Sir W. Molesworth. Mr. Sotheron. And the following Members declined voting : Lord Howick. Mr. V. Smith. Lord Mahon. Mr. G. W. Hope. Lord Stanley. Mr. Parker. Mr. W. Gladstone. So it was resolved in the affirmative. Words inserted accordingly. Resolution, as amended, put and agreed to. Ordered, That the Resolutions, as amended, be reported to the House. (174.) a 5 SECOND REPORT FROM THE SELECT COMMITTEE SOUTH AUSTRAIilA, 10th June 1841. (174.) Jovis, 4° die Februarii 1841. Ordered, That a Select Committee be appointed to consider the Acts relating to the Colony of South Australia, and the actual State of that Colony. Veneris, 5° die Februarii 1841. And a Committee is nominated of, — Lord Viscount Howick. Mr. Ward. Lord iStanley. Captain A' Court. Sir George Grey. Mr. Vernon Smith. Mr. W. E. Gladstone. Mr. Raikes Currie. Mr. G. W. Wood. , Mr. Sotheron. Lord Viscount Mahon. ' Lord Fitzalan. Mr, J. Parker. Mr. George Hope. Lord Eliot. Sir William Molesworth. Ordered, That the said Committee have power to send for Persons, Papers, and Records. Ordered, That Five be the Quorum of the said Committee. Veneris, 5° die Martii 1841. Ordered, That Mr. Ward be discharged from further attendance on the Committee, and that Sir William Molesworth be added to the Committee. Martis, 9° die Martii 1841. Ordered, That the Committee have power to report their Opinion, from time to time, to The House. Jovis, 10° die Junii 1841. Ordered, That the Committee have power to report the Minutes of Evidence taken before them to The House. - p. la THE REPORT PROCEEDINGS OF THE COMMITTEE - - - -p. xxiv. MINUTES OF EVIDENCE P- 1 APPENDIX P- i INDEX - - - - - - - - p. 355 ( Hi ) SECOND REPORT. THE SELECT COMMITTEE appointed to consider the Acts relating to South Australia, and the actual State of the Colony ; Have considered the Matters to them referred, and agreed to the following Report : THE primary object of the South Australian Act appears to have been the 4 & 5 W. 4. c. 95. establishment of a Colony in which no portion of the Land should become private property except upon the payment beforehand of some sufficient price ; and in which the whole of the Land Fund thus accruing should be employed in conveying thither poor Emigrants from the United Kingdom. As a security that the experiment should be carried out according to the intention of the framers of the Act, it was thought expedient to confide the management of it to a Board of Commissioners, specially appointed for that purpose, removable, indeed, by the Crown, but authorized to exercise the powers committed to them without previous reference to any department of the State ; it being provided, on the other hand, that the rights of Sovereignty should be retained by the Crown, and that no portion of the Expenses which might be incurred in carrying out the provisions of the Act should fall upon the Mother Country. Such being the primary object and fundamental conditions of the scheme, it remair^pd to provide some Fund out of which to defray the preliminary charges in founding and governing the proposed Colony, to which the Land Fund was not applicable, and which the Mother Country was not to be called on to advance. For this purpose, the Commissioners were empowered to borrow money to a large amount, and at a high rate of interest, on the security of the future Revenues of the Colony ; and to apply it according to their judgment for the general objects prescribed by the Act. For a vide Col. Office hondjide application of the Fund to those objects they were made personally '^^P^^^' ^°^' '^'^ accountable ; but as to the mode of application their discretion was not other- wise limited ; nor was the validity of their Acts conditional upon the appro- bation of the Secretary of State or the Commissioners of the Treasury. Before proceeding to point out the nature of the embarrassments which have actually arisen in the attempt to carry out the scheme embodied in this Act, Your Committee would draw the attention of The House to certain funda- mental defects which they conceive to be inherent in the scheme itself, as above explained. In the first place, the agency provided for carrying the provisions of the Act into effect appears to Your Committee to have been injudiciously selected. (174.) a 2 The iv SECOND REPORT FROM THE The powers which it was proposed to put in commission were very large; the consequences which might ensue from a misapplication of them were of the most serious kind. The Commissioners were to be intrusted with power to contract Debts to the amount of 200,000/. at a rate of interest not exceed- ing 10 per cent., chargeable on the future Revenues of the Colony j — with the entire admdnastration'. of its Finances, excepting only the Local Revenues, which could not for some years to come be of any considerable amount; — with the principal control over the influx of Population; — and with the duty of taking all those preliminary and precautionary measures upon which the prosperous establishment of the Colony, and even the lives of the first Inhabitants,, defended. It appears to Your Qanmittee that so large an adminastratlve powesr in the discharge of so important, a public trust ought not to have been confided to any other hands than those of the recognized Authorities of the country. To devolve them upon a Board, the members of which were to be appointed and' removed a/fe the pleasure of the Crown, hut over whose proceedings the responsible Ministers of the Crown could exfircise no adeq,uate control, was in effect to reh'eve the. Government from its proper responsibility,, and transfer it to persons of whose fi:tness for the office Parliament could take no assurance beyond" the Judgment of the Ministry for the time being, though the public faith was, to a great extent,, implicated in their acts, and pledged to their engagements. Secondly, In endieavoui'ing toi convey: the necessary powers to the Commis- sioners without trespassing upon the PiTeFOgative of the Crewn-, it appeaTS to Your Committee' that the AeK created an inconvenient division' of amtho- riity, and that the powers of Administration' were so parted' between the twa that they qould not be- eMsetnaMsy> exercised' by eiither. The raising of a Rev^ia© by means of Rates,, Taxes,^ and: Duties, the appropriation of i&e Revenue- so' misedi and the general administratiion of the G^overnment, were vested' by the Act in a Local Board, appointed' by the Crown, and sub- ject to the authority of The Queen in Council ; whilst the adhrihistTationj not of the Lajid Fund only, but of thje Fund out of which all the necessary expenses of Government for Surveys, Salaries, Police, Public Works, &c. were to be defrayed, was confided in England to the Commissioners, and in the Colony to a Commissioner,, appointed indeed by the Crown, but acting onlj^ under their instructions, and subject only to their authority^ Thus whilst one department was made responsible for the payment of the Colonial Deht another had the management of the Fund out of which it was. to. be paid • and whilst, one was responsible for conducting the Public, Service,, the money by means of which it was, to be conducted was placed under the control of another. If the Revenues of the Colony were mismanaged by the Local Government, the Commissioners could not satisfy the Public Creditor ; if the Funds raised on the security of those Revenues were mismanaged by the, Commissioners, the Government could not conduct the Public Service. Nor is, it toi be' foiigofcteiBi that the; evilsr to, h& appjaehended fcom the conflict of autbouiiijes; so il-adjustedi. which must be) gpeat, in^ any ease, were greatly aggijavateditt this by the distance abw:h!ch.tbe,y were exercised,, and ihe length of tame befijjeej a, diMfiulig?:' arising m South Austajalia eould be removed by a fresh instruction from England. Thirdly, If the agency was thus ill-contrived, and the authority Uius incon- veniently divided; a still graver objection may be urged against the mode prescribed by the Act for obtaining those supplies on which the Colony, , during SELECT COMMITTEE ON SOUTH AUSTRALIA. .during its earlier years, was entirely to depend. The uncertainty of the security upon which the money for this purpose was to be borrowed, ren- dered the borrowing of it not only extremely expensive, as involving a high rate of Interest, but extremely precarious, as subject to all the accidents and fluctuations of the Money-market. From such a source, and under such conditions, neither the most prudent administration, nor the clearest fore- sight, could at all times command the i*equisite supply, because the oppor- tunities of borrowing necessarily depended less upon the actual condition of the Colony, truly understood, than upon the rumours and opinions of it that might be current in the City. Yet, upon the chance of the requisite supply being always obtainable, thousands of poor persons were to be sent out and left in a country, dependent, as to all the primary wants of social existence, upon regular remittances of money borrowed upon this security. It is need- less to point out what serious consequences were to be apprehended, even from a temporary interruption of these remittances, or by what a variety of unforeseen accidents such an interruption might be caused. Fourthly, The provision by which it was intended to secure the Mother Country against any loss eventually accruing through the project, is obvi- ously inadequate ; the security consisted of a sum of £. 20,000 placed in the hands of trustees, as a fund for the discharge of any pecuniary obligations which the Commissioners, having contracted, might be unable to meet. The Commissioners were authorized to contract obligations to the extent, as above-stated, of £.200,000. In the event of its proving impracticable to raise an adequate Colonial Revenue for the liquidation of the claims due upon the debt thus contracted, the only remaining Fund available (the Com- r i offi p missioners not being personally liable, except in cases of wilful misapplication) p. 66. was the proceeds of future Land Sales, which, by the very emergency, would be reduced to an inconsiderable amount. The burden, not only of satisfying the Public Creditor, but of rendering to the Colonists such pecuniary assist- ance as they would in that case require, would then inevitably fall upon the Mother Country ; and £.20,000 was far from providing an adequate indem- nity against such a contingency. Such, it appears to Your Committee, are the inherent defects of the Act under which South Australia was established ; nor does it appear that any of them were removed by the amended Act which was passed in July 1838. i & 2 Vict, c 60, That Act enlarged the powers of the Commissioners, but it failed to provide any better security for a judicious exercise of them. It did not introduce greater unity of action by combining in one Department the divided powers and separate responsibilities from which so much inconvenience was to be apprehended, and so much had been actually felt. It enabled the Commis- sioners to raise Money on more economical terms ; but it provided no new Fund out of which the Debts so contracted might be repaid, nor did it bring the existing Fund more within their control. It authorized them, moreover, to borrow from the proceeds of the Land Sales for the General Services of Government, subject to a proviso as to repayment, apparently intended to place a distinct limit on the amount of such advances, but the terms of which were so vague, that, according to one construction placed on it, it would have sanctioned an accumulation of debt to an indefinite amount. Turning from the provisions of the Act to the Measures which have been adopted for carrying them into effect. Your Committee find ample proof that 394. a 3 the VI REPORT FROM THE Col. Office Papers, pp. 55-62.— Third Annual Report. Col. Office Papers, p. 52. Id, p. 81. the errors of the principle have not been corrected, in the practice. Without, however, entering into a detail of the circumstances by which the harmony of the Colony was disturbed and its progress interrupted during the first two years of its existence, (the particulars of which may be found in the Papers appended to this Report,) they proceed at once to explain the nature and origin of the embarrassments which have led to the present Inquiry. The late Board of Commissioners, consisting originally of ten members, assumed their functions in April 1835, and continued in the exercise of them until January 1840. At that period a new Board, consisting of three Com- missioners for the general purposes of Colonial Land Sales and Emigration, was constituted; and the duties of the South Australian Commissioners were transferred to the members of that Board, who stiU continue to discharge them. Second Annual Report, Appendix. Colonel Gawler's Despatch, 26 October 1838, A pp. p. 240. Col. Office Papers, p. 61. Col. Gawler's Desp 26 & 27 Oct. 1838J App. p. 240. Commissioners' Despatches, 31 May & 2 Aug. App. pp. 241.243. Commissioners' Letter to Lord John Russell, 7 July 1840, Col. Office Papers, p. 84. The late Board began by drawing up elaborate Instructions for their Ofl&cers resident in the Province, by which it was designed to keep the Expenditure exactly regulated on principles of strict economy. These Instructions were revised and approved by the Commissioners of Audit, and, could they have been duly adhered to, would undoubtedly have prevented any immediate embarrassment in this Country. It appears, however, that owing partly to the inexperience and inefficiency of their Officers, and partly to the impracticability of keeping the Expen- diture within the prescribed limits without sacrificing other objects still more urgent, a punctual attention to these Instructions was not to be obtained. Before the arrival of Colonel Gawler, in October 1838, the Accounts had fallen into confusion ; the Salaries into arrear ; the Surveys could not be proceeded with at the rate required ; the Treasury was exhausted ; and BOls on the Commissioners, to the full amount authorized for the whole of that year, had been dravra during the first six months. Such was the condition in which Colonel Gawler found the public affairs of the Colony on his arrival to assume the double office of Governor and Re- sident Commissioner. The union of these offices in his person, which had been recommended by the Commissioners, and acceded to by Lord Glenelg, in order to obviate as much as possible the inconvenience arising from that divided authority to which Your Committee have adverted, secured, as far as the Local Government was concerned, unity of action between the finan- cial and the general administration. Although one source of the embar- rassments which had impeded the administration of the Government in the hands of his predecessor was thus removed. Colonel Gawler's position was one of great difficulty. The condition of the Colony on his arrival made it absolutely necessary that he should assume a large responsibility in deviating from his Instructions. He was compelled at once to draw Bills on the Commissioners to an amount far beyond his general authority; and he warned them that they must expect more of the kind. The Com- missioners approved the course he had adopted in the exigency ; and fi*om time to time, in compliance vdth successive representations from him, they appear to have sanctioned a considerable increase of Expenditure. Colonel Gawler still continued to represent in strong terms the diffi- culties of his situation, and the necessity of largely exceeding the pre- scribed SELECT COMMITTEE ON SOUTH AUSTRALIA. Vll scribed limits of his Expenditure, without, however, furnishing any detailed Statements from which a conjecture could be formed as to the probable amount which he would require ; and in his anxiety to provide for the rapidly increasing Population, to render the Pubhc Departments efficient, to advance the Surveys, and to construct a variety of Public Works which he deemed absolutely indispensable, he became involved in a series of Expenses, so large, and increasing at so rapid a rate, that they must soon have exhausted the whole of the original Fund which the Commissioners were permitted to raise. From Statements laid before Your Committee by the present Commissioners, it appears that the Bills drawn from South Australia during 1838 amounted to £.18,121; during 1839 to more than £.44,000; and during 1840 to upwards of £. 123,000, As these increasing demands continued to pour in upon the new Board, they thought it their duty to lay the case before Her Majesty's Government, with whose sanction they continued to honour the Bills (endeavouring in the meantime to raise a Loan of £. 1 20,000, as stated in the First Report of Your Committee), until the 20th of August, when it became evident that the whole amount of the original Loan which the Act empowered them to raise would not be sufficient to meet the demand. From that time they declined all further Payments, abstained from aU further attempts to raise a Loan, and referred the matter to the decision of Her Majesty's Government. Bills drawn upon them by Colonel Gawler were afterwards presented, amounting, on the 1st March last, to £. 69,247 ; the amount of others to be expected was at that time estimated at £.28,400; and the remaining Outstanding Claims against the Commissioners at £. 56,255 ; making a total of nearly £.155,000, for which sum Parliament has already made provision by way of temporary advance. In addition, however, to the direct Pecuniary Obligations, for the discharge of which provision has thus been made, there is a further obligation, which, though not expressly owing to individuals, the Commissioners ought, as it appears to Your Committee, to be enabled to discharge. This is a sum of £.56,746. I4s. 8d. borrowed under the authority of the Act 1 & 2 Vict. c. 60, from the Fund derived from the Sales of Land, and applied, in aid of the Revenue Fund, to the general purposes of Government. The Act which authorises the appropriation of a portion of the Land Fund to these purposes, requires that the whole sum so appUed should be replaced ; and since the appropriation of the entire proceeds of the Land Sales to the purposes of Emigration is one of the fundamental principles of the Act, and large por- tions of Land have been purchased by individuals with an express under- standing to that effect. Your Committee are of opinion that Provision ought to be made for enabling the Commissioners to repay this sum to the Emigration Fund. By this further advance, Your Committee have reason to believe that all Claims now outstanding will be satisfied ; and it will remain for Parliament to take such measures, with regard to the future government of the Colony, as it may deem expedient. Before proceeding, however, to the consideration of these measures. Your Committee feel it to be their duty to submit some further Remarks upon the matters above detailed. In consulting as to the steps which it was expe- dient to take in the immediate exigency, they thought it right to inquire 394. a 4 carefully Col. Gawler's Despatches, 8 April, i8 July, 23 Aug., 26 Oct., 26 Nov. 1839. App. pp. 249. 251. 254- 258. Col. Gawler's Despatches, 3 & 26 Feb. 1840. Col. Off. Papers, P- 94- 97- App. p. 192.331. Commissioners' Letters to Lord John Russell, 7 July & 26 Aug. 1840. Col. Off. Papers, pp. 84. 91. App. p. 177- App. p. 191. App. p. 191. See also Mr. Vil- liers' evidence, 1935-1941. viii REPORT FROM THE carefully into the nature of those transactions and the conduct of the parties implicated in them, by which the express intentions of the Act, in one of its most essential features, have been frustrated, and a financial embarrassment of so serious a nature created within so short a space of time. The responsi- bility for this embarrassment has been variously charged upon three different parties. It has been imputed by some to the extravagant Expenditure of Colonel Gawler, and excessive deviation from his Instructions ; by others, to the want of proper foresight and precaution on the part of the late Board, under whose arrangements the embarrassment has arisen, while the Chairman of that Board, who is also a member of the existing Commission, imputes to his present colleagues, not indeed the creation of the embarrassment, which he attributes to causes over which they could have no control, but a neglect to raise a Loan at a sufficiently early period to postpone the crisis which has occurred. With regard to the last, it appears to Your Committee that no part of the responsibility can be justly charged upon the present Board, inasmuch as the causes which have produced the actual results were in operation when they entered on their duties, and no measure which they could legally have taken could have availed either to arrest the progress of expenditure in the Province, or to provide adequate means of meeting it. Had they been able from the first day of their appointment to foresee the issue, they could not have prevented it. Long before any Instructions from them could have reached Colonel Gawler, Bills would have been drawn upon them which they could not, after satisfying other outstanding claims, have raised funds suffi- cient to discharge without fresh powers derived from Parliament. Had they succeeded in raising the Loan which they at one time contemplated, they might, indeed, have postponed for a short time the crisis which has arrived, but they would not have saved the Colony from ultimate Insolvency. With regard to Colonel Gawler, Your Committee are not in a situation to pronounce a decided opinion, as his complete defence has not yet reached this country. They think it right, however, to direct the attention of The ^8 ?*''• if^o, and House to the Despatches which have been very recently received from him, App. pp. 298! 330. and which have been laid before Your Committee, as containing his general statement of the grounds on which he rests his own justification. In con- sidering his conduct, it is impossible to doubt the fact, on which he so much relies, that the affairs of the Colony, when he entered on the duties of his office, were in a state of the greatest confusion, and that the difficulties with which he had to contend were most embarrassing. It further appears, that very shortly after his arrival in the Colony, he represented these cir- cumstances to the Commissioners, and gave them reason to expect a con- siderable excess of Expenditure above what had been provided 'for. It is also due to Colonel Gawler to observe, that the general character of his Administration has been spoken of in terms of strong approbation, even by those who have censured his Expenditure as excessive, and that among the vdtnesses examined, even those who have pronounced this censure most de- cidedly, have been unable to point out any specific items by which it could have been considerably reduced, without great public inconvenience ; whilst the chief item which has been quoted with that view, namely, the Expenditure M Gliddon's incurred on account of the Government House and Public Offices, was one Letter, 15 Nov, which the late Board had authorised. i839> APP- P- 250- The SELECT COMMITTEE ON SOUTH AUSTRALIA. IX Your Committee entertain no doubt that Colonel Gawler was actuated in the course which he pursued by the most earnest desire to advance the interests and promote the prosperity of the Colony ; nor can they undertake to state to what extent he may have been justified by imperative necessity in involving the Colony in an Expenditure so far exceeding his authority. Neither are they prepared to aflfirm the insufficiency of the grounds on which he has alleged his inability to furnish information as to the specific services for which he was about to draw, or to supply any Estimates of the total amount for which he should be compelled to draw in the course of the year. At the same time they cannot but observe, that the Commissioners were thus left in a position of extreme embarrassment, and that the Expenditure which was thus incurred, amounted, in the period between October 1838 and October 1840, to nearly the whole of the sum which, under the first South Australian Act, the Commissioners were authorised to raise. With regard to the late Board of Commissioners, it must be admitted that the arrangements adopted by them for caiTying to a successful issue the experiment with the management of which they were entrusted, however carefuUy they may have been made, have proyed in many material points defective. Their Instructions as to Expenditure, though minutely and elabo- rately drawn up, appear to have been framed without any clear foresight of the necessities of such a community placed in such circumstances ; and upon an estimate of the charges to be incurred and the objects to be pro- vided for, totally inadequate, and bearing no proportion to the reality. They had originally set apart a sum of £. 10,000 annually over and above the Revenues of the Colony, out of which they intended that all the ordinary , Expenditure should be defrayed. It is now calculated, that after spending the whole Local Revenue, and providing otherwise for the charge of Surveys, which has hitherto been defrayed by drafts upon the Commissioners, and without making any allowance for Public Works, there will still remain to be provided for an annual deficit of about £. 40,000. Your Committee would, however, be doing injustice to the several indivi- duals on whom the responsibility for the management of these affairs has fallen, did they not add their opinion, that the chief and original error was committed in the Act itself. The Act required that provision should be made for the reception in a vast unexplored wilderness, and for the protection and good government, of a population flowing in at a rate of unprecedented rapidity. The making of all necessary arrangements for that purpose was confided to a Board of Private Gentlemen, not placed by their Commission under any adequate control in the exercise of their duties, and acting at a distance of 16,000 miles from the scene on which the experiment was to be tried. The only provision placed at their disposal for defraying the costs of the undertaking, was a power to borrow money from private capitalists on the security of the future Revenues of that unexplored wilderness ; a precarious provision, therefore, and subject to interruption from a variety of accidents which they could neither anticipate nor control. That they have been unsuc- cessful in the execution of such a charge, is less a matter of surprise than that they should have entertained no apprehension of the result which has taken place, and that up to the termination of their official connexion with the Colony in 1840, they should have apparently, conceived that the experiment was advancing to a successful issue. Instructions to Col. Gawler, 9 Nov. i838,Art. x8, and Commissioners' Letter, 31 May i839,App. pp. 231. 241. See Mr. Elliot's evidence. No. 1313. 1316. 1336. 394- Your X REPORT FROM THE Your Committee now proceed to state the result of their Inquiries into the present position and prospects of the Province. The Public Debt charged on the future Revenues of South Australia, in- cluding the sums raised by the Commissioners, the advance recently made by Parliament, and the proposed further advance to the Emigration Fund, will App. p. 191. amount to £. 296,000, The Annual Interest payable upon it will be about Mr. Elliot's Ev. £.15,000. The number of Inhabitants is supposed to be about 15,000. App. pp. 217. 295. The ordinary Revenue, which has been progressively increasing, may be now App. pp. 216. 290. estimated at about £. 30,000. per annum. The ordinary Expenditure, which Mr. Elliot's Ev. has been increasing still more rapidly, is now proceeding at a rate amounting,, aRommis- ^^^ together with the interest of the Loan, to about £. 70,000 a year ; and sioners' Letter to although it may be hoped that some reduction may be effected by the 12 May 1841 ' present Governor, Your Committee are unable, from want of detailed evi- App. p. 290. dence in this country, to speak with any confidence on this subject. With regard to the natural Resources of the Colony, the value of the Produce, and the amount of Revenue which it may hereafter yield. Your Committee have not been able to obtain sufficient data to justify them in pronouncing a decided opinion ; they would, however, refer to the evi- dence given by Mr. Angas, as showing the recent progress of Agriculture, and the aptness of the soil for raising Grain and for Pasturage ; to that of 3030, et seq. Mr. Elliot, in explanation of the quantity of valuable Land still unsold ; to a App. pp. 170, 171. Statistical Report transmitted by Colonel Gawler, and to the general tenor of his Despatches, as encouraging the hope, that, after making allowance for very large tracts of wholly unavailable Land, the natural capacities of the Colony are considerable, and that as its tillage extends, and its stock mul- tiplies, it may in due time yield an ample Revenue, and become a valuable appendage to the British Crown. For the present, however, it does not appear to Your Committee that there are any certain grounds for expecting either such an increase of Revenue, or such a reduction of Expenditure as would obviate the necessity of making provision out of some fund, over and above the ordinary Revenue, for an annual Deficit of a large amount. With regard to the Measures which should now be adopted for the better administration of the affairs of the Province, Your Committee would in the first place recommend that the Act 4 & 5 Will. 4, c. 96, under which the Colony was originally c6nstituted, and the Act 1 & 2 Vict. c. 60, amending the former Act, should be repealed, and that Legislative provision should be made for placing the Colony of South Australia, as to its general government, on the same footing with other Colonies belonging to the British Crown. They would further recommend that in the Act to be passed for this purpose the present limits of the Colony should be maintained, and that the provision contained in the 22d section of the Act 4 & 5 Will. 4, c. 95, prohibitin"- the transportation of Convicts to any place within the Colony, on the faith of which Emigrants have proceeded to it, should be re-enacted. Your Committee have further taken into consideration the expediency of introducing a popular element into the future Legislative Council of South Australia by the addition to it of certain unofficial Members, elected by the inhabitants, a measure which is urged in a Memorial adopted at a Public App. pp. 283. 285. Meeting of the Magistrates in December 1839, and recommended, with certain conditions, by Colonel Gawler, and by the South Australian Com- missioners. By the 23d section of the first South Australian Act, authority was SELECT COMMITTEE ON SOUTH AUSTRALIA. xi was given to the Crown, with the consent of the Privy Council, to grant a constitution of Local Government to the Colony, on the Population amount- ing to 50,000. Your Committee do not think it advisable that this provision should be re-enacted ; but, as they are of opinion that it may be expedient at an early period to grant to the Inhabitants of the Colony a control over its Revenue and Expenditure, by the infusion of the element of Popular ReprcT sentation into the Local Legislature, they would recommend that in the Act for the future government of the Colony, Her Majesty should be authorized, with the consent of Her Privy Council, to carry this principle into effect. They think, however, that the propriety of adopting such a measure will mainly depend on the capability of the Colony at the time to provide for its own Expenditure ; and they deem it indispensable, that before such a change should be effected, permanent provision should be made for certain fixed and definite Expenses on account of the Civil Government of the Colony. With reference to the financial state and prospects of the Colony, Your Committee have found that one of the heaviest items of charge on its Revenues has hitherto been the expense of Surveys. Confining themselves at present to the consideration of the mode in which this Expense should in future be provided for. Your Committee recommend that it should cease to be borne by the General Revenue of the Colony, and that it should be provided for by an acreable charge, to be declared from time to time by Proclamation by the Governor, on all Land sold, and to be paid by each purchaser in addition to the actual price of the Land. With regard to all future Purchasers no difficulty can arise from the imposition of such a charge ; but as a certain quantity of Land not yet surveyed, has already been sold to individuals without any expectation of such a charge, Your Committee think that it will be right that the expense of the survey of such last-mentioned Land only should be defrayed out of the gross proceeds of future Sales of Land in the Colony. Your Committee are further anxious to call the attention of the House to the important addition which might be made to the pecuniary means of the Colony by an alteration in the present system of selling Land. It appears by the Evidence which has been laid before them, that in the first instance Land in sections of 135 acres, viz. 134 country acres and one town acre, (after an unsuccessful attempt to realize £. 1 an acre), was sold at the uniform price of 12s. an acre; that the priority of choice among the original purchasers was determined by ballot, and that the fortunate individuals to whom chance assigned the advantage of an early selection, had the power of immediately 1243-1259. realizing considerable sums by the sale of the right they had thus acquired. The result, therefore, was, that while the sum accruing to the Land Fund from the sale was only that produced by the uniform price of 12 s. an acre, the -public had alienated a property, which, before either capital or industry had been applied to it, was worth a very much larger sum to those who had drawn prizes in the Lottery which took place. Your Committee beg to point out the very different working of the mode of disposing of Land which was adopted in the new settlement at Port Phillip. It is stated by Sir G. Gipps, Paper relating to in a despatch dated 10 December 1839, that 84,208 acres of Land had been Emi'gratiOTT'Boa"/ then sold by auction in that settlement, since the time when it was first Pari. Paper, Sess. opened in June 1837. Of this quantity 117 acres within the town of Mel- /J^' "' ^' bourne had been sold at nearly 209 I. an acre ; 2,249 acres within five miles 394. b 2 of xii REPORT FROM THE of the town had produced about 10 I. 9*. an acre, and the remainder, upon an average, 16*. 1 d. an acre. Now in this statement, what appears to Your Committee chiefly deserving of remark is, the very great difference shown to exist by free competition in the value of Land, according to its situation, and the advantage which accrued to the public from selling it, not at one uniform rate, but at prices varying in the same proportion. Excluding the actual site of the town, it appears that the Land within five miles of Mel- bourne brought thirteen times the price of that at a greater distance, though doubtless not really dearer to the purchasers in proportion to the advantages it enjoyed, and that if both descriptions of Land had been sold at the uniform price which those who obtained the more distant lots could afford to pay, the Land around the town, instead of producing the large sum of 25,800 L, would have only yielded about 1,985?.; the loss to the public, and the gain, in some shape or other, to the fortunate purchaser of this Land, being the differ- ence between these two sums, or nearly 24,000/. In point of fact, the sacri- fice would have been much greater, since even the price of 16 s. id. obtained for the Land at a distance from the town is only an average price, and no doubt much of it must have been sold for the minimum price, at that time only 12 s. an acre ; but when Land is sold at one uniform price, it is obvious that the excess of value of each lot of Land beyond that- of the worst lot of similar extent sold at the same time, is what is lost to the public. The recent sale of Land at the newly-formed settlement of Portland Bay has been attended with a similar result ; Sir G. Gipps, in a despatch dated the 27th of October Vide Appendix, last, which will be found in the Appendix to this Report, observes that this sale produced a sum of 17,245 Z. 10*. 5 " /T ...j iscount Howick). Question put and agreed to. Motion [ xxxi ] Motion made, and question proposed, " That one minimum price for land in all the Australian colonies and in New Zealand ought to be established ; that this price ought not now to be lower than 2 I. per acre, and that it ought to be progressively increased until it is found that the great scarcity of labour now complained of in these colonies no longer exists." (Lord Viscount Howick.) Amendment proposed to leave out all the words from the first " word," that in order to insert the words, "The minimum price of land in one of the Australian colonies must necessarily be governed to a great extent by the minimum price of land in the other of those colonies ; but that in the opinion of this Committee the minimum price of land in South Australia may safely be raised [above the present amount of 1 1, per acre, and that in fixing such minimum, it is desirable to keep in view the principle of maintaining such an amount as may tend to remedy the evils arising out of too great a facility of obtaining landed property, and a consequently disproportionate supply of labour, and exorbitant rate of wages"]. (Lord Stanley). Question put, " That the words proposed to be left out, stand part of the question." The Committee divided. Ayes, 6. Noes, 7. Sir W. Molesworth. Mr. Vernon Smith. Mr. Raikes Currie. Lord Stanley. Mr. Sotheron. Lord Mahon. ' Lord Eliot. Mr. Geoge Hope. Captain A'Court. Mr. G. W. Wood. Lord Howick. Mr. J. Parker, Lord Fitzalan. Words added ; question as amended put. Amendment proposed, to leave out all the words from the word "raised," in 1. 4, to the end of the paragraph, in order to insert the words, " to at least 2 I. per acre, and that it ought to be progressively increased until it is found that the great scarcity of labour now complained of in these colonies no longer exists." (Sir William Molesworth.) Question put, " That the words proposed to be left out, stand part of the question." The Committee divided, Noes, 5. Sir W. Molesworth. Mr. Raikes Currie, Lord Eliot. Capt. A'Court. Lord Howick. Ayes, 8. Mr. Vernon Smith. Lord Stanley, Lord Mahon. Mr. George Hope. Mr. G. W. Wood. Mr. J. Parker. Mr. Sotheron. Lord Fitzalan. Question, " That the minimum price of land in .one of the Australian colonies must necessarily be governed to a great extent by the minimum price of land in the other of those colonies; but that in the opinion of this Committee the minimum price of land in South Australia may safely be raised above the present amount of 1 L per acre ; and that in fixing such minimum, it is desirable to keep in view the principle of maintaining such an amount as may tend to remedy the evils arising out of too great a facility of obtaining landed property, and a consequently disproportionate supply of labour, and exorbitant rale of wages." Again put and agreed to. Motion made, and question proposed, "That it is expedient that Her Majesty should be empowered to determine from time to time, by Order in Council, the price below which land shall not be sold in South Australia, and that the minimum price so determined shall in no one case be lowered, except by the authority of the Legislature." (Lord Viscount Howick.) Question put and agreed to. Motion made, " That it is expedient that the monies arising from the sales of public lands within the said province, other than the lands mentioned in the two last preceding Resolutions, should be applied, first, in defraying the expenses of and incident to the sur- vey and admeasurement, sale, and conveyance of them. Secondly, in and towards defraying the expenses of affording to the aboriginal inhabitants of the said province all such protection and education, and training in the arts of civilized life and in Christian knowledge, as it may be found practicable to extend to them, and in providing for the necessary support of such of them as may be incapable of earning their own subsistence. Thirdly, in and towards paying the principal and interest of the advances to be made out of the Consolidated Fund and of the before-mentioned colonial debt, so far as the same may be liable under the before recited Acts to that last-mentioned charge. Fourthly, that, subject to the preceding charges, it is expedient that the proceeds of such sales should be applied in and towards defraying the expense of removing to the said province, from the United Kingdom, of emigrants qualified to earn their subsistence by manual- labour in pasturage or agriculture, or as artizans." (Mr. Vernon Smith.) Question put and postponed. 394. d 4 Motion [ xxxii ] Motion made, and question put, "That it is expedient that the unsold lands of the povince should be occupied by license from the Governor of South Australia, by any persons willing to pay an annual rent of the pasturage thereof, and that the money arising, from so letting such lands on pasturage, should be appropriated in the same manner as the money arising from the sale ot land within the said province." (Mr. Vernon Smith.) Question put and postponed. [Adjourned to Thursday next, at Twelve o'clock: Jovis, 29° die Aprilis, 1841. Sir Geoege Gkey in the Chaik. Mr. Vernon Smith. Lord Stanley. Lord Mahon. Mr. George Hope. Mr. G. W. Wood. Sir W. Moleswonh. Mr. Sotheron. Lord Howick. Captain A'Court. Lord Filzalan. Mr. Raikes Currie. Mr. J. Parker, Lord Eliot. Mr. W. E. Gladstone. Motion made, and question proposed, " That it is expedient that the monies arising from the sales of public lands within the said province, other than the lands mentioned in the two last preceding Resolutions, should be applied, first, in defraying the expenses of and incident to the survey and admeasurement, sale, and conveyance of them. Secondfy, in and towards defraying, the expenses of affording to the aboriginal inhabitants of the, said province all such protection and education, and training in the arts of civilized life and in Christian knowledge, as it may be found practicable to extend to them, and in proi Tiding for the necessary support of such of them as may be incapable of earning their own subsistence. Thirdly, in and towards paying the principal and interest of the advances to be made out of the Consolidated Fund and of the before-mentioned colonial debt, so far as the same may be liable, under the before recited Acts, to that last-mentioned charge. Fourthly, that, subject to the preceding charges, it is expedient that the proceeds of such sales should be applied in and towards defraying the expense of removing to the said province, from the United Kingdom, of emigrants qualified to earn their subsistence by manual labour in pasturage or agriculture, or as artjzans." (Mr. Vernon Smith.) Amendment proposed, to leave out all the words from the first word "that" to the end of the paragraph, in order to insert the words, " That it is expedient that a proportion of not less than one-half of the monies arising from the sale of public lands in the province, other than the lands to be reserved and set apart as aforesaid, should be applied in and towards the expense of conveying emigrants to the said province from the United King- dom." (Lord Eliot.) * Question put, " That the words proposed to be left out stand part of the question." Question put and negatived. Question as amended put ; amendment proposed at the end of the paragraph to insert the words, " That the remainder should be apphed, first, in aid of the general revenue of the colony, in and towards paying the interest of the advances to be made out of the Con- solidated Fund, and of the before-mentioned colonial debt, and in and towards providing a sinking fund lor the liquidation of the said advances and debt." (Sir W. Molesworth^ Question put, " That these words be there added." The Committee divided. Ayes, 2. Noes, 12. Sir William Molesworth. Mr. Vernon Smith. Mr. Raikes Currie. Lord Stanley. Lord Mahon. Mr. George Hope. Mr. G. W. Wood. Mr. J. Parker. Lord Eliot. Lord Fitzalan. Captain A'Court. Lord Howick. Mr. Sotheron. Mr. W. E. Gladstone. So it passed in the negative. Question again put; amendment proposed, at the end of the paragraph to add the words " And that the remainder of such monies should form part of the general revenue of the colony, and that such revenue should be applicable to the following charges in the order in [ xxxiii ] in which they stand. First, interest and sinking fund of the debt. Secondly, for the benefit of the aborigines, a sum equal to such a per centage upon the receipts from the sale of land, as Her Majesty by Order in Council may from lime to time think fit to direct. Thirdly, fixed expenses of civil government. Fourthly, general colonial services, according to the discretion of the Governor and Council; provided, that the propor- tion of the -proceeds of the sales of land set apart as above for emigration, be liable to be applied towards the payment of the interest and sinking fund of the public debt of the colony, in the event of the general revenue being insufficient to provide for the same as a first charge." (Lord Viscount ^omcft.) Question, " That these words be there inserted," put and agreed to. Motion made, and question proposed, "That the sum set apart for the benefit of the aborigines, be charged before the sum for the interest and sinking fund of the debt." (Mr. Vernon Smiths Question put. The Committee divided. Ayes, 7. Mr. Vernon Smith. Lord Mahon. Mr. G.W.Wood. Mr. J. Parker. Lord Eliot. Mr. Sotheron. Lord Fitzalan. Noes, 7. Lord Stanley. Mr. George Hope. Sir W. Molesworth. Mr. Raikes Currie. Mr. W. E. Gladstone. Captain A'Court. Lord Howick. The Chairman gave his vote in the negative, so it passed in the negative. Main question again put and agreed to. Motion made and question proposed, " That it is expedient, that the unsold lands of the province should be occupied by license from the Governor of South Australia, by any persons paying an annual rent of the pasturage thereof; and that the money arising from so letting such lands on pasturage, should be appropriated in the same manner as the money arising from the sale of land within the said province." (Mr. Vernon Smith.) Question put and agreed to. Motion made, and question proposed, " That many persons have purchased land in South Australia on the faith of a guarantee given by the Act of the 4 & 5 Will. 4, c. 95, th^t the purchase-money so paid should be expended in giving a value to such land, by the impor- tation of labour; that under the provisions of the Act 1 & 2 Vict. c. 60, the South Austra- lian Commissioners were authorized to borrow from the Emigration Fund in aid of the Revenue Fund ; that a sum of 56,000 /. was m consequence advanced from the Emigration Fund, and has not yet been repaid ; that it is expedient that provision should be made by Parliament for the advance to the Emigration ^und of this sum of 56,000 L; and that the said sum, when so advanced, should be applied to the purpose of conveying emigrants to South Australia." (Sir Wm. Molesworth.) Question put and agreed to. Motion made and question proposed, " That it is expedient that the Crown be autho- rized to call for repayment of any sums to be advanced under authority by any act or acts of the present Session, on account of the province of South Australia, on the principle adopted for the recovery of advances made for public works, not exceeding the rate of five per centum per annum." (Mr. J. Parker.) Question put and agreed to. Motion made, and question proposed, " That it is expedient that from the operation of such repeal should be excepted so much of the Act 1 & 2 Vict. c. 60, as authorized his said late Majesty, his Heirs and Successors, in manner therein mentioned, to empower any three or more person or persons in South Ausiraha to make such laws or ordinances as might be necessary for the peace, order, and good government of his Majesty's subjects and others within the said province or provinces, and as relates to all laws or ordinances so to be made as aforesaid." (Mr. Vernon Smith.) Question put and agreed to. [Adjourned to Tuesday next, at Twelve o'clock. 394- [ xxxiy ] Martin, 4° die Mail, 1841. Sir George Grey in the Chair. Captain A 'Court. Lord M^hon. Mr. Raikes Currie. Lord Fitzalan. Mr. G. W. Wopd- Lord Viscount Hbwick. Lord Eliot. Mr. Vernon Smith. Mr. George Hope. Mr. J. Parker. Mr. Sotheron. Mr.' Elliot further examined. Tiie Committee further considered their Resolutions, and finally agreed to them, as follows : — 1. Resolved, That, it is the opinion of this Committee, that it is expedient, that the Act 4 & 5 Will. 4, c. 95, intituled, " An Act to empower. His Majesty to erect South Australia into a British Province or Provinces, and to provide for the Colonization and Government, thereof;" and the Act passed in the First and Second year. of Her Majesty's reign, c. 60, intituled, " An Act to amend an Act of the Fourth and Ei£th,y.ears of his late Majesty, empowering His Majesty to erect South Australia into a British Province or Provinces," be repealed. 2. Resolved, That it is the opinion of this Committee, that it is expedient that the limits of the existing Province of Sj^uth, Australia, as fixed, by letters patent undei; the G^eat Seal of Great Britain, granted by his late Majesty, with the advice of his Privy Council, on or about the 19th of July 1836, should be continued) and that Her Majesty, Her Heirs and Successors, shall be authorized to empower any three or more persons, resident within the said province, to make such laws or ordinances as may be necessary for the peace, order, and good government of Her Majesty's subjects, and others within the same. 3. Resolved, That it is the opinion of this Commiitee; that it is expsedient that Her Majesty should be authorized, by and with the advice of Her Privy Council, to direct that' unofficial Members of the Legislative Council of the province should be appointed,, npt in the manner prescribed by the Act 1 & 2 Vict. c. 60, but by election withiii the said province;, and that Her .Majesty, should be 3i)thorizedj,r,w?1(h the ^d vice of Her P.-Lvy Cpuiicil, to establish, all' such regulations as may be necessary for determining the qualifi- cations of the electors and the elected, and for dividing the said province into Electoral^ Districts, with suchj other, regulations as may be necessary, to carry into complete effect: the introduction of an electoral system, or to delegate to the Legislative Council for the, time being of the. said province the execution of the powers aforesaid, so far. as it. may, appear to Her Majesty in Council impracticable, or inconvenient to esjt^bHsll- such, regula- tions by the direct exercise, of, the Royalauthorjty in this country. 4. Resolved, That it is the opinion of this Committee, thai it is expedient that, before, such electoral system shall be adopted, permanent provision should be made for certain fixed expenses on account of the Civil Government of the Colony. 5. Resolved, That it is the opinion of this Committee, thatiit is expedient that,jn con- formity with the engagement entered into with tlte originaL settlers, no person. or personsi conwiofced in any court of justice in Great Britain or Ireland, or elsewhere, shall; at any time, or under any circumstances be transported as a convict to any place within iJie. said province. 6. Resolved, That it is the opinion of this Committee, that any sums wWdij may be advanced on account of the said province out of the Consolidated Fund, in pursuance of any Act or Acts of the present Session^ together with itjterest thereon, at a rate not exceeding 4Z. per cent, per annum,' and- certain bonds^ or obhgatory writings, termedl " South Australia Colonial Revenue Securities/' with >interest thereon, and' ^Iso iJie annuities raised under the authority of the Act 1 & a Victi c. 60, should constitute the public debt of the said province. 7. Resolved, That h is the opinion of tl^isComiiiittqe, thg.t the balance now remainina unapplied of the Guarantee Fund, created in pursuance of the Act 4 & 5 Will. 4 c. 95 should be applied, under the directions of the Lords Commissioners of Her Ma'iest-y's Treasury, in payment of the debts incurred or of the services performed on account of the said province. 8. Resolved, That it is the opinion of this Committee, that it is expedient that no lands within the — ^ ° ^ a...i.—m- ^i — u . .. , .. '. .. Her He that reserve and set apart, within the said province, any lands which "i7may'appear"to''Her Majesty, or to the Governor for the time being of the said province, expedient so to reserve or set apart, for roads, canals, towing-paths, or other internal communications ; or for [ XXXV ] for quays, landing-places, or wharfs ; or as the sites of fortifications^ or for the better defence thereof; or as the sites of places of public worship, schools, or other public buildings, cemeteries, or places to be devoted to the promotion of the public health or )| amusement; or for any. other such like purposes,.in which Her Majesty's subjects at large may be interested. 9. Resolved, That it is the opinion of this Committee, that it is expedient that Her Majesty should be authorized to reserve and set apart within the said Province, for the use of the aboriginal inhabitants thereof, any lands which it may be found necessary so to reserve and set apart for the occupation and subsistence of such aboriginal inhabitants. 10. Resolved, That it is the opinion of this Committee, that it is expedient that the surveys of lands in the said Province should be alvyays kept in advance of the, demand for land, and that the system of special surveys should be. dis>continued. 11. Resolved, That it is the opinion of this Committee, that it is expedient to adopt the system of selling land in the said Province by public auction at a minimum upset price, and that the sales by auction should take place periodically; and that in the interval between such sales, land which has been put up and not sold should be open for purchase by the first applicant at the minimum upset price; provided, that no land occupied by license by any settler should be sold, unless at the periodical sales, without the consent of such occupier. 12. Resolved, That it is the opinion of this Committee, that notwithstanding the general rule of sales by auction, a discretionary power should be reserved, subject to the appro- bation of one of Her Majesty's Secretaries of State, of allowing companies or individuals to purchase blocks of not less than 20,000 acres each, by private contract, at not less than the minimum price, and of providing, if necessary, for the special survey of such blocks. 13. Resolved, That it is.lhe opinion of this Committee, that the minimum price of land in one of the Australian colonies must necessarily be governed to a great extent by the minimum price of land in the other of those colonies ; but that in ihe opinion of this Committee the minimum price of land in South Australia may safely be raised above the present amount of 1 1, per acre, and that in fixing such minimum, it is desirable to keep in view the principle of maintaining such an amount as may tend to remedy the evils arising out of too great a facility of obtaining landed property, and a consequently disproportionate supply of labour, and exorbitant rat& of wages. 14. Resolved, That it is the opinion of this Committee, that it is expedient, that Her Majesty should be empowered to tietermine from time to time by Order in Council the price below which land shall not be sold in South Australia, and that the minimum price so determined shall in no case be lowered, except by the authority of the Legislature. 15. Resolved, That it is the opinion of this Committee, that it is expedient, that the expenses ot survey should be defrayed by an acreable charge, in addition to the purchase- money, of all land sold; and that the Governor should be authorized to declare, by procla- mation from time to time, at what rate such acreable charge should be made. 16. Resolved, That it is the opinion of this Committee, that with respect, however, to any lands which may have' been disposed of before the foregoing acreable charge shall have been established, and the survey of which is unprovided for, the expenses of survey should be defrayed out of the future proceeds of the sales of land in the colony. 17. Resolved, That it is the opinion of this Committee, that it is expedient, that, subject to the charge for the expenses of the last-mentioned surveys, a proportion of not less than one-half of' the monies* arising from the sale of public lands in the said province, other than the' lands to be reserved and' set apart as aforesaid, should be applied in and towards the expense of conveying emigrants to the said province from the United Kingdom ; and that the remainder of such monies should form part of the general revenue of the colony, and that such revenue shoiild be applicable to the following charges in the order in which they stand. First, interest and sinking fund of the debt. Secondly, for the benefit of the aborigines, a sum equal to such a per centage upon the receipts from the sale of land, as Her Majesty by Order in Council may from time to time think fit to direct. Thirdly, fixed expenses of civil government. Fourthly, general colonial services, according to the discre- tion of the Governor and Council; provided, that the proportion of the proceeds of the sales of land set apart as above for emigration, be liable to be applied towards the payment of the interest and sinking fund of the public debt of the colony in the event of the general revenue being insufficient to provide for the same as a first charge. 18. Resolved, That it is the opinion of this Committee, that it is expedient, that the unsold lands of the, province should be occupied, by license from the Governor of South Australia, by any persons paying an annual rent for the pasturage thereof, and that the money arising from so letting such lands on pasturage, should be appropriated in the same manner as the money arising from the sale of land within the said province. 394. ' 6 2 19. Resolved, [ xxxvi j 19. Mesolved, That it is the opinion of this Committee, that many persons have pur- chased land in South Australia on the faith of a guarantee given by the Act of 4he 4 & 5 Will. 4, c. 95, that the purchase-money so paid should be expended in giving a value to such land, by the importation of labour; that under the provisions of the Act 1 & a Vict, c. 60, the South Australian Commissioners were authorized to borrow from the Emigration Fund in aid of the Revenue Fund; that a sum of 56,746/. 14s. 8d. was in consequence advanced from the Emigration Fund, and has not yet been repaid ; that it is expedient that provision should be made by Parliament for the advance to the Emigration Fund of this sum of 56,746/. 14 s. 8d.; and that the said sum, when so advanced, should be applied to the purpose of conveying emigrants to South Australia, 20. Resolved, That it is the opinion of this Committee, that it is expedient, that the Crown be authorized to call for repayment of any advances under authority of any Act or Acts of the present session on account of the province of South Australia, on the principle adopted for the recovery of advances made for public vrorks, not exceeding the rate of five per centum per annum. [Adjourned, Martis, 8° die Junii, 1841. Present : Sir George Grey in the Chair. Mr. Vernon Smith. Lord Howick, Lord Eliot. Mr. W. E. Gladstone, Mr. J. Parker. Mr. G. W. Wood. Mr. Sotheron. Lord Stanley. Sir W. Molesworth. Mr. Raikes Currie, Captain A'Court. Lord Fitzalan. The Committee considered the draft of the Report. [Adjourned to To-morrow, at One o'clock. Mercurii, 9° die Junii, 1841. Present : Sir George Grey in the Chair. Lord Mahon. Mr. G. W. Wood. Capt. A'Court. Mr. W. E. Gladstone. Mr. Vernon Smith. Lord Fitzalan. Lord Eliot. Lord Stanley. Lord Howick. Committee further considered the draft of the Report. In the first paragraph of that portion of the Report relating to land sales, proposed bw Lord Howick, after the words " town acre," it is proposed to insert, « After an unsu(> cessful attempt at realizing 1 /. an acre," was sold. (Mr. Vernon Smith.) Ayes. Mr. Vernon Smith. Lord Mahon, Mr. G. W. Wood. Mr. W. E. Gladstone. Mr. Sotheron. Lord Fitzalan. Lord Eliot. Noes, Lord Howick. Capt. A'Court. Ayes 7, Noes 2, Agreed to. In the draft of that portion of the Report relating to land sales, proposed bv Lord Howick, m the paragraph beginning, « It is true," &c. proposed to omit, " nor would they upon any account recommend the adoption of a measure by which the amount of money applicable to this purpose should be rendered smaller than heretofore as com pared with the extent of laud which may be sold." Question [ xxxvii ] Question put, " That these words stand part of the Report.' Noes. Mr. Vernon Smith. Lord Mahon. Mr. G. W. Wood. Mr. W. E. Gladstone. Ayes. Lord Howick. Mr. Sotheron, Capt. A'Court. Lord Eliot. Ayes 4. Noes 4. The Chairman decided with the Noes. In page 17, 1. 15, after the words " adhered to," it was proposed to insert the following words : " In the same manner it is clear that the value of land in South Australia must be greatly affected by the terms on which the Government may dispose of land in the neighbouring colonies. Purchasers will hardly give 2Z. an acre for land in South Australia, if in the immediately adjoining territory it should continue to be sold at a minimum price of 12s. or 1/. The Australian colonies are so near each other, and the means of communication between them are so easy, that great inconvenience at least must result from allowing any material difference to exist in the rates at which land is sold in them respectively. If the policy of applying the funds, or any definite proportion of the funds derived from the sale of land to emigration, is to be maintained, this inconvenience will be still greater than it otherwise would. For instance, it would be in the highest degree unjust to Souih Australia that its land shoultl be sold at the high rate of 2/. an acre, for the purpose of forming a fund for meeting the expense of immigration, if the labourers whose conveyance to the colony had been thus provided for should immediately be at liberty to leave it for New South Wales or Van Diemen's Land, to which they might be tempted by a higher Tate of wages or a lower price of land. Already, as Your Committee have been informed, the evil of re-emigration from one colony to another is beginning to be seriously complained of in Australia, and unless measures are taken to guard against it, there is reason to appre- hend that it will prove an insurmountable obstacle to the adoption of effectual means by any of these colonies for supplying the deficiency of labour, of which they all at present complain. Either, therefore, one uniform system with respect to the sale of land and of immigration must be applied to all these colonies, or those in which the highest price shall be imposed upon land, for the purpose of obtaining a supply of labour, must be protected by regulations prohibiting, for some definite period, the removal to the others of those persons whose conveyance from this country may thus have been provided for. Any regu- lations of this sort must be in the highest degree vexatious and galling, not merely to the immigrants whom they would more immediately affect, but to all the inhabitants of the colony, and after all they would probably prove ineffectual. Your Committee are therefore decidedly of opinion that the other alternative they have mentioned should be adopted, and that one uniform system ought to be enforced in all these colonies. In order to give effect to these views, it appears to Your Committee that it would be expedient by a legislative enactment to empower Her Majesty, by Order in Council, to determine from time to time the minimum price at which land should be sold in all the Australian colonies, providing that the minimum price once so established should not again be lowered, except by the authority of Parliament, and that one-half of the receipts from the land sales should be exclusively applicable to the conveyance of emigrants, of the labouring classes, from this country to the colonies. Such an Act of Parliament would give very great encouragement to the purchase of land, both by effectually guarding against the competition of land sold at a lower rate, and by the certain provision which would be made for the supply of labour; and it would thus, in the opinion of Your Committee, tend greatly to promote the interest as well of the mother country as of the Australian colonies, and to render perfectly sale, as a general measure, that advance in the price of land which they have already recommended, but of which the effects would be more doubtful if it were confined to South Australia. " Your Committee are aware that in recommending the adoption of a measure not limited to the last-mentioned colony, but embracing in its operation the neighbouring set- tlements, they may appear to be going beyond the terms of the reference which has been made to them by The House; but they trust it will not be thought that they have exceeded their duty, when it is considered that the result of the inquiry in which they have been engaged has been to convince them that in order to retrieve the embarrassed finances of South Australia, to promote its future prosperity, and at the same time to give the best security for the ultimate repayment of the sums advanced for its immediate relief by the mother country, the price of land in that colony ought forthwith to be increased ; while on the other hand, it has no less clearly appeared to them that such is the necessary and inti- mate connexion between all the Australian colonies, that this measure, greatly as it is required, is one which they could not confidently advise if its operations were to be limited to South Australia alone. Upon this point they, will only further observe, that although this measure was first suggested to them by a consideration of the interests and wants of South Australia, they would not have ventured to recommend that it should be adopted, had they not entertained a conviction that its being so would prove equally beneficial to the other colonies which it would affect. The same reasons for which they have advised 394- e 3 that { Xxxviii i] that the price of land should beraised in South Australia, €q.uaUy appiy. to the, neighbour- ing colonies, and the same symptoms that the present price is inadequate are to be observed in these as in the former. In New South Wales, indeed, the measure appears to be even more urgently uecessary than, jn the settlement they have had more immediately under their consideration. The despatches of Sir G. Gipps, of the gth September and 25th October last, which have receratJy been laid before The House, enclosing the report of a committee of the Legislative Council of New South Wales, and the resolutions founded upon that report, and unanimously adopted by the council, express in the strongest manner the opinion of^this body of the necessity of a large additional supply of labour; and the Governor expressly states, ' That there is no sacrifice which the people of this colony are not pre- pared to make, and no security which they are not ready to offer, in order to procure the supply of labour which they so unanimously concur in thinking essential to the continued prosperity of the colony.' These statements seem to Your Committee quite conclusive as to the expediency of the proposed increase of the price of land, so far as New South Wales is concefited; no ofiacial documents have been submitted to them, proving that a similar ■^state^of things exists in Van Diemen's Land, but it is matter of public notoriety that a ..deficiency «lilab®iir; ie there also a subject of universal complaint, and the comparatively limited patent of; that island, and the consequent expediency of husbanding the resource afforded byi the sale of land, is a s,trong additional reason, with refereftce to the interest of • this colony. also j, for adopting the measure they have fecoounended," — (Lord Viscount Howiek.) Question, "That these words be there inserted," piit and negatived. Whereupon it was moved to insert the following words : "With this view, it appearsto Your 1 Committiee that it would be expedient by a legislative enactment to empower Her Majesty/ ■ by Order in Council, to determine from time to time the minimum price at which landshould : be sold in South Australia, providing that the minimum price once so established should not again be lowered, except by the authority of Parliament, and that one-half of the receipts from the land sales should be- exclusively applicable to the conveyance of emigrants, of the labouring classes, from this country to the colony. Such an enactment would give -T«i'y great encouragement) toi the purchase of land, both by effectually guarding against the competition of land sold at a lower rate, and by the certain provision which would be 1 madefor the supply of labour; and it would thus, in the opinion of Your Committee^ tend igreatlyto promote the interest as well of the; mother country as of the colony. Your i Coroniittee cannot overlook theeffect which the adoption of any important recommendation ■of this nature with respect to the mode of disposing: of publiclands in South Austraha must have on the interests of the rest of the: Australian colonies ; and they fed it their - duty to call, the attention of The' House to the necessary aisjdi intimate, connexion between those colonies, and to the great inconvenience which would result ffom allowing anymate- ! rial difference to exist, either in the system on which land is.disposed of, or in the rate at which it is sold in them respectively. Your Committee; have,however, limited their recom- r mendation to South Australia,- because they feel that the terms of the reference made to .'them do not authorize them toadvisfe theadoption of a genejral)pLaa':appltoabie,:not only to South Australia," but to all the Australian colonies." Question, " That these words be there inserted," putxmd agreed to. I ileport agreed to. Ordered taEieper^t,. wLtbi the. Minutes of .Evidence and ResoUitions. £ xxxix ] MINUTES OF EVIDENCE. 394- « 4 [ xl '^ LIST OF WITNESSES. Lunae, 15' die Februarii, 1841. Gordon Gairdner, Esq. - - - - " " "P-^ Jovis, 35° die Februarii, 1841. Colonel Robert Torrens -------- P' ^ Martis, 2" die Mardi, 1841.' Colonel Robert Torrens - - - - " " " -P'25 Jovis, 4" die Martii, 1841. The Right Hon. the Chancellor of the Exchequer - - - P' 36 George Fife Angus, Esq. ------ ^ 4^ Veneris, 5° die Martii, 1841. Colonel Robert Torrens - - - - - " " -p. 62 T. Frederick Elliot, Esq. "S George Fife Angus, Esq. ------- 79 Mr. Edmund John Wheeler ------- 80 Jovis, 11' die Martii, 1841. Wolryehe Whitmore, Esq. - - - - - - -P'84 T. Frederick Elliot, Esq. 94 Veneris, 12° die Martii, 1841. Samuel Mills, Esq. - p. 102 Willium Hutt, Esq. t/i.v. 104 Mr. Edmund Trimmer - - - - - - - ~ 118 George Palmer, Esq. - - - - - - - - 122 Martis, 16° die Martii, 1841. T. Frederick Elliot, Esq. p. 125 Alexander M' Shane, U.D. - - - - - - - 13^ Jovis, 18° die Martii, 1841. George Fife Angas, Esq. - - - - - - -p-i5l Colonel Torrens and Mr. John Gliddon - - - - - 169 The Hon. Edwurd Villiers - - - - - - - 173 John Rundle, Esq. M.v. ------- 177 Veneris, 19° die Martii, 1841. John Studholme Brownrigg, Esq. u.r. - - - - - p. 181 Mr. Willium Mann - - - - - - - - 191 Jovis, 25° die Martii, 1841. Rowlund Hill, Esq. - - - - - - - -p»i95 George Fife Angus, Esq. - - - - - • - 210 Veneris, 26° die Martii, 1841. Mr, Thomas Driver - - - - - - -p. 219 Edwurd Gibbon Wakefield, Esq. - - - - - - 223 Captuin Alfred Fell _-.-____ 241 Mr, Edmund John Wheeler - - - - - - 245 Martis, 30° die Martii, 1841. Mr. Joseph Juckson -___.___ p^ 246 Edwurd Gibbon Wakefield, Esq. ------ 246 T. Frederick Elliot, Esq. ------ 261. 270 Colonel Robert Torrens -------- 263 Martis, 27" die Aprilis, 1841. Rowland Hill, Esq. - - - - - - - -p. 271 Martis, 4° die Maii, 1841. f!. Frederick Elliot, Esq. - - - - - - - p. 272 [ 1 ] MINUTES OF EVIDENCE. LunoB, 15° die Februarii, 1841. Captain A'Court. Ml". Raikes Currie. Lord Eliot. Lord Fitzalan. Mr. W. E. Gladstone. Sir G. Grey. MEMBERS PRESENT. Mr. George Hope. Lord Mahon. Mr. Parker. Mr. Vernon Smith. Lord Stanley. THE RIGHT HON. SIR GEORGE GREY, BART. CALLED TO THE CHAIR. Gordon Gairdner, Esq. called in ; and Examined. 1. Chairman.'] ARE you the Chief Clerk of the Australian Department in G. Gairdner, Esq. the Colonial-office ? — I am. "T ^ 2. Have you brought with you papers from the office, relative to the affairs ^^ I'ebruary 1841. of South Australia? — I have brought various papers, which I beg to give in. \^The Witness delivered in the same.'] vide Appendix, ... (Paper No. 1), 3. Lord Stanley.] Do those papers contam the whole correspondence which pp. i_i5o. has taken place with the Colonial-office, with reference to the original forma- tion, and the present state of the colony ? — These papers contain everything material upon those points. Jovis, 25° die Februarii, 1841. MEMBERS PRESENT. Captain A'Court. Mr- Raikes Ciirrie. Lord Eliot. Lord Fitzalan. Mr. GJadstone. Sir George Grey. Mr. George Hope. Lord Howick. Lord Viscount Mahon. Mr. Parker. Mr. Vernon Smith. Mr. Sotheron. Lord Stanley. Mr. Ward. Mr. G. Wood. The Right Hon. Sir GEORGE GREY, Bart, in the Chair. Colonel Robert Torrens, called in ; and Examined. 4. Chairman.] V7ERE you a member of the original Board of Colonization Colonel Commissioners for South Australia, constituted under the Act for the establish- RobertTorreris. ment of the .colony ? — Yes. j, , ^ „.^ 5. Were you chairman of the original Board to the time of its dissolution ? — Yes. 6. Have you, subsequently to that period, been a member of the existing Board of Colonization Commissioners for South Australia? — Yes. 0.21. B 7- In MINUTES OF EVIDENCE TAKEN BEFORE THE Colonel Robert Torrens. 25 February 1841. 7. In your capacity of chairman of "the original Board of Commissioners, did you conduct any of "the correspondence carried on between the commissioners and the governor of the colony ? — Yes ; I have got here a minute statement of the transactions of the first commission, from the time of its being gazetted up to its close, detailing the principal transactions of the Board, but perhaps that might be too long to read to the Committee at present; but, nevertheless, it appears to me to be only just to the persons viho were conducting this experiment that the , whole should be submitted to the Committee for their consideration. 8. Were there regular minutes kept of the proceedings of the commissioners ? —Yes. 9. And that statement comprises those minutes ?— That statement is extracted from the minutes, and refers by dates to them. 10. Does it include the correspondence carried on between the commissioners and the successive governors of the colony?— No, it refers more to the corre- spondence with the Colonial-office, and the constitution and ma-nagement of the commission. 11. Have you, in addition to the extracts from the minutes to which you have referred, brought with you copies of the correspondence which was carried on between yourself, as chairman of the Board of Commissioners, and the successive governors of the colony ? — I have not, but I can easily furnish the Committee with all the letters which were addressed by the Board to the resident commis- sioner, for it was to the resident commissioner that we addressed our correspond-' ence, and latterly he was governor ; I can produce the whole of the correspond- ence which took place between the Board of Commissioners and the resident commissioner, from the commencement of the commission to the present time. 12. Was there any correspondence carried on between the original Board of Commissioners and Captain Hindmarsh as governor of the colony ? — None. 13. Will you have the goodness to send to the Committee a copy of the corre- spondence between the Board and the resident commissioner? — It will require several days to copy, but it shall be got ready as soon as possible ; it is a corre- spondence of five years. 14. M.V . Vernon Smith.'] Have you seen the papers which have been already submitted to the Committee ? — Yes. 15. Those papers comprising the chief part of the correspondence between the commissioners and the Colonial-office, would the narrative of which you speak complete the whole ? — Yes, the papers before the Committee comprise but a small portion. 1 6. Does your narrative comprise original documents ? — Yes, original docu- ments. 1 7. It is not merely an abstract drawn up from them, but you propose to furnish the Committee with the documents themselves ? — I propose to furnish the Com- mittee with a statement referring to the documents which will verify everything in that statement. 18- Chairman.] You were understood to say that the papers now before the Committee comprise a part only, and not the whole of the correspondence carried on between the Colonial-office and yourself, as chairman of the original Board of Commissioners ? — 'Yes. 1 9. Are you able to supply the deficiency, by communicating to the Committee copies of the remainder of the correspondence so carried on between the Colonial- office and yourself? — Yes, I can, if the Committee desire it, furnish the whole correspondence between the Board and the resident commissioner, and the whole correspondence between the Board and the Colonial-office. 20. Is the whole of that correspondence in your opinion essential to the investi- gation committed to this Committee ? — A great part of it is unessential, bearing upon minor points not having much to do with the state of the colony. 21. Can you make a selection from the correspondence which has been carried on between the Board of Commissioners and the Colonial-office, confining your- self to such parts as are necessary to complete the history of the correspondence, as given in these papers ? — That is what I alluded to before, and I will endeavour to do so, 22. Mr. Vernon Smith.'] Can you point out in these papers where there is any deficiency that you wish to supply ? — There is so very small a portion of the cor- 1-espondence there that it would require a long statement to do that. 23. Chairman.] Can you furnish the Committee with the dates of the letters which SELECT COMMITTEE ON SOUTH AUSTRALIA. 3 which you have now with you, which you think essential to complete the history Colonei of the colony, so that the Committee may know in what part of the correspond- ^o*^'"' 1'orrens.. ence before them the deficiency exists ? — I could not do it ofF-hand : I could if "Zr! ' I had time to do it. =5 February xS+l. 24. Mr. Vernon Smith.'] With regard to the instructions given by the com- missioners to the resident commissioner, would you think it desirable to produce to the Committee any other instructions than those that are contained in your four annual reports ? — Yes, there are many despatches touching financial subjects which are not comprised in those annual reports, but they are of minor importance. All the leading instructions are in those reports. 25. Was it not the practice of the commissioners to give in those annual reports everything which they thought material ? — Yes, everything which they thought material. 26. Chairman^ As respects the correspondence bet\yeen themselves and the resident commissioner ? — Yes. 27. Are the Committee to understand that they are in possession of the whole of the important correspondence which has taken place between the original Board of Colonization Commissioners and the resident commissioner ? — ^I think they are, with respect to general financial instructions. There are some modifica- tions of those general instructions which were occasionally given upon particular points, which might perhaps have authorized Colonel Gawler to spend more money than is specified there. For instance, he was allowed to do two or three things not specified in the annual reports, which the correspondence would show. All essential things connected with finance are given in the reports, but there are some minor points that are not given there. 28. Do you think those minor points are of that nature that they might have induced Colonel Gawler to have varied from the instructions given to him with relation to financial matters ? — To some small extent ; he had some special authority upon one occasion for building a pier. Authorities of that sort were occasionally given to him, but he had no authority to make any general deviation from his instructions as to expenditure. 29. You of course are familiar with the contents of the four Reports ? — Yes. 30. You have also seen the papers laid before the Committee from the ColoniaU office ? — Yes. 31. Do those reports and papers, taken together, show distinctly the extent of credit given to Colonel Gawler ? — Yes, except as I mentioned, when he asked for authority to make some particular item of expenditure, when it was occasionally allowed. 32. Could you select from the correspondence those particular letters which allowed him to deviate from the instructions ? — Certainly, ^^. Was this correspondence Upon the dissolution of the original Board of Commissioners transferred to the existing Board of which you are a member, and is it now in their custody ? — Yes. 34. Lord Stanley^ Who was your first resident commissioner? — Mr. Fisher. 35. Where are your first instructions furnished to Mr. Fisher with reference to the degree of authority which he was to exercise independently of the authority of the governor ?— In the First Annual Report. ^6. Have any instructions emanated from the commissioners in which they conceive that they have distinctly laid down the hmits between the authority delegated to the governor on the part of the Crown, and that delegated to the resident commissioners on the part of the land commissioners, and in which they have restricted the exercise of the authority of the resident commissioner ? — No, the Act of Parliament was not sufficiently distinct to enable us to draw any such precise line. It was understood that all matters connected with the land and all connected with the finance were in the resident commissioner, but finance and government are so blended, that it was difficult to separate the two. ^']. The Act of Parliament not having been, as you conceive, sufficiently dis- tinct, was not that an additional reason why instructions should be sent out to define those limits which were left obscure by the Act of Parliament? — Our authority to do that only rested upon the Act of Parliament. We conceived that the governor had nothing to do with land or with drawing bills, but the governor must have had some power to expend money. Upon these questions that are now put to me, I have not come so prepared as I should be upon another occasion, because what I principally came here to state, and was fully 0.21. B 2 prepared 4 MINUTES OF EVIDENCE TAKEN BEFORE THE Colonel prepared to go into, was the present financial state of the colony and its resources, Robert Tor rens. and what might be immediately done to put it into a solvent state. "TT ' 38. Chairman.] Have you any statement which you wish to address to the 25 J?ebruary 184.1. Committee, upon the present financial state of the colony ?— Yes. This is a statement of the finances of the colony during the years 1 840-4-1. On the 1st. of January 1 840, the financial state of the colony was as follows : assets, cash in the hands of the treasurer, i ,534/. 10*. 3d. ; Exchequer bills in hand, 1 8,539^. 35. 8^. ; cash in the hands of the South Australian Company, 53.789^- i^j. 4^.; making a total of 73,863^. 12*. 3d. The liabilities at that period were : due on account of passage-money, assurance and sundries, including dividends payable on the 15th January, 43,726?. 155, 5d.; leaving an available balance at the disposal of the commissioners, amounting to 30,136/. 16.?, lod.; add to this the guaraiitee fund in the hands of the trustees, 15,000?., and the total balance in favour of the colony was 45,136/. ids. 10 d. 39. At page 35 of your Fourth Annual Report, there is a statement of the financial receipts and payments of the colony up to the precise date you mentioned, 31st December 1839, which statement is dated 1st January 1840; does the state- ment you have now made correspond with that contained in your Fourth Annual Report of similar date? — I suppose it does; they are both furnished from the same documents. 40. In what respect does it differ, so as to make the statement you have now given desirable as a substitute, or a supplement to the statement which was laid before Parliament in the course of last year ?— Because this is put in a shape that will be more distinctly understood ; I have balanced all the assets against all the liabilities, and also against all the available assets that might have been obtained. 41 . Then you give it as elucidating, but not varying, the financial statement of the same date to which you have been referred ?^-Yes. . 42. Lord Stanley.] The financial statement of the same date contained in the Fourth Report, is called a statement of receipts and payments ; that which you are now giving is not of receipts and payments, but of assets and liabilities ? — This is quite a different statement ; what I am now endeavouring to do is to give the Committee a view not merely of receipts and payments, but of all liabilities, and all means of meeting those liabilities, present and to come. 43. Chairman.] Will you compare what you have read with the last item in page 36, where the amount of the balance is stated to be 2,318 /. 14*. ; how do you account for the difference ? — I cannot explain that ; they were both given to me by the accountant ; I believe, if the accountant is examined, it will be seen that they perfectly tally. 44. Lord Howick.] Does the statement you have read include the revenue fuad and the emigration fund ?— Everything. 45. Does it mix them up together? — ;No; it shows what is due to the emigration fund ; it states the whole of the assets, whether from the revenue fund, or from the land fund. 46. Then it is a statement of the whole together, without distinguishing them?— The total assets and the total liabilities ; I have not analyzed the account as the accountant has done ; I have given the gross results, making the total of the assets 73,863/. Against that I have put the whole of the liabilities, a.mounting to 43,726 /. ; deducting the liabilities from the assets, the available balance in the hands of the commissioners then was 30,136/. To that we have to add 15,000/. which constituted the then guarantee fund, 5,000/. having been withdrawn froin it. There- fore the whole available balance in the hands of the commissioners on the 1st -of January 1 840 was 45,136/. 47. Captain A'Cou7^t.] Was this at the time that the first commission was broken up? — A few days before the old commission was broken up. On the 1st of January 1840 the whole of the colonial debt contracted by the commissioners was 80,000 /., while the available funds at the disposal of the colony, over and above allhabilities incurred, amounted to 45,136/.; deducting the funds in hand from the loan contracted, the whole of the actual debt chargeable upon the colony on the 1st of January. 1840 amounted only to 34.873^- 5 but while on the isl of January 1 840 the amount of debt over the funds in hand was only 34,000 /., and while the immediately available balance of assets, over and above the immediate liabilities in this country, amounted to the considerable sum of 45,000 /., the pro- visions of the Acts of Parliament, and the then credit of the colony, placed in the hands of the commissioners the power of providing still larger resources : as they had SELECT COMMITTEE ON SOUTH AUSTRALIA. 5 had borrowed only 80,000/. out of the 200,000/. authorized by the first Act of Par- Colonel liament, they had, under the provisions of this Act, the power of raising the fur- ^"^^^^ Torrens. ther sum of 1 20,000 Z.; under the same Act the commissioners had the power of XT ^ raising a further sum of 50,000/. for emigration by the issue of colonial land ^ ruary 1 4 securities, and as they had at the same time borrowed 36,812/. from the emi- gration fund, as authorized by the amended Act, they had, under the provisions of that Act, the power of raising a further colonJkl revenue loan of 36,812 /. for the purpose of replenishing the emigration fund. 48. Lord Stanley^ You have stated a sum of 36,000 /. as due from the revenue fund to the emigration fund, and you are now giving us a statement of the whole colonial revenue, including the emigration revenue ; where do you take credit on the other side for the same amount of 36,000/. ? — That 36,000/. was part of the money which had been expended ; it was borrowed from the emigration fund, and "Was expended; it was a credit which the colony had under the Act of Parliament; it was money expended, but it was money which they had the power of borrowing again to replace the emigration fund under the second Act; it was a credit that they had under the Act of Parliament, inasmuch as they had the power of going and raising that money. I do not state that as an actual asset, I state it as a pos- sible asset if the Act had been carried into effect. 49. Chairman.] Was it the case that, by the original Act, the whole gross pro- ceeds of the land were applicable to emigration exclusively ? — Yes. 50. Was it also the case that, by the amended Act, power was given to the com- missioners to borrow on behalf of the revenue of the colony from the emigration fund a certain sum, which they were ultimately to repay out of the future revenue? — Yes ; they were not only enipowered, but they were required to raise a loan, in justice to the purchasers of land, who had bought the land upon the faith that it would be replaced. 51. Will you read the provision to which you refer in the amended Act, requiring the conjmissioners to raise 36,000/. on behalf of the revenue of the colony from the emigration fund ? — "And be it enacted, that it shall be lawful for the said commissioners to apply all or any of the money which now is, or shall from time to time be, in the hands of their treasurers, to the payment of the interest oh the said South Australia public lands securities, and on the said South Australia colonial revenue securities respectively, and of the annuities by this Act authorized to be granted, and to the paying or defraying any expenses incurred in carrying the said recited Act and this Act into execution, or in applying for and obtaining the said recited, Act and this Act, although such money should not form any part of, or have arisen from the revenue or fund charged primarily or exclusively with the payment of the interest or expenses to which it shall be so applied ; provided always, that in every case in which any money advanced out of the monies borrowed on the said South Australia colonial revenue securities, or derived from the revenue of the said province, shall be applifed in aid of the emigration fund, the money so advanced shall be a debt due from the said emigration fund to the said province ; and in case any part of the said emigration fund shall be applied in aid of the revenues of the said province, the monies so advanced shall be a colonial debt, owing by the said province to such commissioners on account of the said emigration fund, and distinct accounts of all such advances shall be kept in the books under the direction of such commissioners ; and such advances respectively shall be repaid or replaced as soon as conveniently may be (but without interest thereon in the meantime) by such commissioners out of the monies accruing to the fund debited with such advance ; and when any money advanced from either of the said funds, in aid of the other of them, shall be required for the purpose of the fund from which the advance shall be made, the said commissioners shall and may borrow and take up at interest, or raise in addition to the monies which they are authorized to borrow by the said recited Act" (that is, in addition to the 200,000/. allowed by the first Act) " money for repaying such advance, by all or any of the means by this Act or the said recited Act authorized." 52. In pursuance of that provision, did the commissioners expend money , derived from the sale of land, and constituting the emigration fund, in aid of the general revenue of the colony ? —Yes ; in January 1840 they had expended 36,800/. of the emigration fund. 53. And of course you have not included that 36,800 /. in the estimate of the colonial debt existing on the 1st of January 1840? — No, it was a debt that the colony owed to itself. 0.21. " B 3 54. Still 6 MtNUTES OF EVIDENCE TAKEN BEFORE THE Colonel 54, Still the commissioners were bound, from the revenue of the colony, or from Robert Torrens. money borrowed on the security of the revenue, to repay that debt at the earliest -y J- possible period ?— Yes, wrhen required for emigration. 35 February 1841- ^^ Lqj.jJ Stanley^ Then the larger the sum that one of die funds borrowed from the other fund, the lafger was the amount which the colony might raise in the public market ? — Certainly. 5Q. Mr. Raikes Currie.] Is there'not a limiting proviso at the end of the clause ? — Yes ; that proviso limited them to take only one-third of the money raised during the year, but the commissioners might have taken the whole of that amount in any intermediate part of the year. 57. Chairman.] Will you read the words of the proviso? — "Provided always, that the amount advanced from the said emigration fund in aid of the revenue of the colony, together with the debt which may have been due to the said emigrati n fund at the commencement of any year, shall not at the close of any such year exceed one-third of the amount which may have accrued to the said emigratioa fund in the course of such year." But we might have done what we pleased in the course of the year, provided we borrowed so as to bring the debt within one- third of the amount of the land sales during the year ; we had an unlimited power, as we conceived, of going to the public for loans, provided such loans were made to replace to one fund the money previously borrowed from the other. 58. Mr. Raikes Currie.] You were limited by the actual amount of assets in the emigration fund ? — At the close of the year. 59. Chairman.] Do you mean that at any period during the year you mighjfc have expended the whole of the emigration fund, provided before the close of that year you went into the market and borrowed a suflScient sum to repay the money taken from the emigration fund, so as to bring you within the limits of the pro- viso ? — Yes. 60. Mr. Vernon Smith.] Do you consider the words "any part of the emigration ifund," to mean " more than the emigration fund " ? — No ; but we had the power of borrowing, on account of the emigration fund, 50,000/. 61. Lord Stanley.] Supposing your emigration fund within the year amounted to 100,000/., and that your amount of debt previously incurred was 20,000/.; by the apparent construction of the proviso at the end of this clause you would not have been enabled to have incurred a larger debt at the end of the year than 33,000 /. ; that is to say, you would not have been enabled to increase your pre- viously existing debt of 20,000/. by more than 13,000/. in the course of the year ? — Certainly not, if we had allowed it to run to that. 62. But, according to the interpretation that you have now given of that powet;, provided you did not owe to the emigration fund more than 33,000/. at the close of the year, you might in the meantime have advanced from the emigration fund to the revenue the whole proceeds of the emigration fund, and you would have conceived yourselves authorized to go into the market and to create an additional debt upon the revenue, to the whole amount of 100,000/., if you could so have borrowed it ? — Certainly ; I conceive that to be the power given under the Act. 6'^. And you conceive that to be justified, although contrary to the obvious meaning of the proviso, by the interpretation that your affairs were only required to be in that state at the close of the year, without regard to what condition thev had been in during the intervening 1 o months between the first and last month oi the year ?— I think if we kept the debt within one-third of the emigration fund at the close of the year, we fulfilled the condition of that proviso. 64. And that you might have advanced the whole sum during the whole of the preceding 10 months? — I think there is nothing in the Act to prevent it. 6s. Lord HomcL] According to your interpretation you might, in the month of January, have bdrrowed 100,000/. from the emigration fund, and in the month of February you might have raised from the public a loan of 100,000 /., and re- paid that. In the following month you might have again borrowed 100 000 / from the emigration fund, and again raised a loan from 'the public to have repaid it, and at the end of the year you might have accumulated a permanent debt pf about a million ? — I think there is nothing in the Act to prevent it. 66. Lord Stanley.] Have the commissioners practically acted upon this prin- ciple ( Have they practically borrowed in any year, in pursuance of the provisions of this Act, a larger amount than, added to the previous debt, would have con- stituted one-third of the emigration fund for the year ? — We have. 67. To SELECT COMMITTEE ON SOUTH AUSTRALIA. 7 67. To what extent ? — £. 97,000 we have borrowed from the emigration Colonel i-yjj^ Robert Torrens, 68. The emigration fund in the year, amounting to how much? — Under Z~ ;, 20,000/. 3^ , 8 25 February 184U 6^. And the previous liabilities upon it, before the new loan, amounting to how much? — The liability commenced with 36,000/. Upon the 1st January 1840 we were within the limit ; the sales of land for the previous year had been 160,000 I., and we had only borrowed 36,000 /., therefore we were far within our limit then. 70. To what extent at any one time have you, by borrowing money, exceeded the limit apparently imposed by this proviso, of not borrowing at any time a sum which, together with the previous liability, amounted to more than one-third of your annual emigration revenue ?— To upwards of 80,000 /. 71. To what extent in the whole? — About 90,000 Z. To give that answer perfectly accurately, I should have the land sales of this year, which I have not by me. 72. Chairman.'] Can you state the particulars of the first loan from the emi- gration fund to the revenue, after the passing of the amended Act? — In the course of the year 1839 it was 36,000 /. 73. The Act passed on the 1st July 1838; when did you first raise a loan under the authority of that Act, and to what amount? — The first loan from the emigration fund was in July 1839 ; it was 13,000 /. 74. Then you did not raise any loan under the authority of the Act of the ist of July 1 838, till a twelvemonth after the passing of that Act, namely, in July 1 839 ? — Not to any considerable amount ; we had the residue then of the 80,000 I, borrowed under the authority of the first Act. 75. Will you proceed with your statement with reference to the financial state of the colony? — I have stated that on the 1st of January 1840, we had a balance of immediately available assets, over and above immediate liabilities, amounting to 45,136 /. 16*. \od. ; then under all these provisions we had the power of borrow- ing on the 1st of January the residue of the revenue loan of 200,000 /., amounting to 120,000/. We had a power under the first Act of borrowing 50,000 /. for emi- gration, and under the amended Act we had the power of borrowing 36,812 /. to repay the debt then due to the emigration fund ; therefore on the 1st of January 1 840 we had the power of borrowing under the Acts of Parliament 251,948/. 165. \od. It will be apparent, in considering the then circumstances of the colony, and the state of the money market, that on the i st of January 1 840 the commissioners could have found no difficulty in raising upon the security of the revenues and unsold lands of the colony any requisite portion of the loans authorized by the Acts of Parliament. The colony having founded itself and maintained itself for a period of three years, had on the 1st of January 1840 incurred, after deducting the funds in hand, a debt of only 34,000/. ; the population of South Australia, including the emigrants dispatched from this country during 1 839, amounted to about 1 3,000 souls ; the sheep were estimated at 1 50,000, and the revenue derived from local taxation was yielding at the rate of 20,000 /. per annum, and rapidly increasing ; the land sales in the course of the year had realized 168,552 /. ; that any requisite loan could under such circumstances have been raised at a moderate rate of interest does not appear to admit of doubt. On the 14th of April 1840 the financial state of the colony was less favourable than at the commencement of the preceding quarter ; the land sales in this country had fallen off very considerably ; bills drawn by the resident commissioner had been accepted to an unusual amount, while in the months of February and March five emigrant ships conveying 972 souls had been chartered by the commissioners at a considerable expense ; by these means the immediately available funds at the disposal of the commissioners were decreased, while the liabilities were incurred. Under these circumstances it was apparent that it would soon become necessary for the commissioners to carry into effect the provisions of the Act of Parliament, and raise a revenue loan for replenishing the emigration fund, for providing for the passage-money falling due to the ship- owners, and for providing for the extraordinary drafts arriving from the colony to a still increasing amount. Early in March the expediency of raising the requisite loan by the issue of revenue bonds exchangeable at par into land, was considered ; in the beginning of June the consideration of the loan was resumed, and about the middle of that month an advertisement was prepared inviting tenders for a loan of 60,000/. ; but while the subject of raising the loan was under discussion, the financial state of the colony continued to be changing for the worse ; the land sales 0,21. " B 4 Jn 8 MINUTES OF EVIDENCE TAKEN BEFORE THE Colonel m this country had nearly ceased; a cost of 32,549^. had been incurred by the Rohert Ttrrens. chartering of 14 emigrant ships, and from the 1st of January to the end of June,. drafts' from the colony to the extraordinary amount of 42,000/. had been presented 25 February 1841. f^^ acceptance. It was now seen that a loan of 60,000 /. would be insufficient, and it was resolved to lay a statement of the financial condition of the colony before the Government, and to obtain the sanction of the Treasury for obeying the Act of Parliament, and raising the increased loan of 120,000/. to discharge existing liabilities, and to keep ■ faith w^ith the purchasers of land, by continuing emi- gration. On the 1st of July 1840, the financial state of the colony was as follows: — immediate available funds: cash in the hands of the treasurer, 8^905/, 4*. lod.; Exchequer bills in hand, 15,052/. 11*. 8 raising the residue of the loan of 200,000 /., in conformity with the provisions of the SELECT COMMITTEE ON SOUTH AUSTRALIA. y the first South Australian Act. On the 21st of July the commissioners advertised for Colonel tenders for a loan of 120,000/., the tenders to be sent in on the 3d of August. In Robert Turrens. the meantime, however, alarm began to prevail in the money market from the ^ apprehension of war, and on the 3d of August no available tender was received, ^5 February i84X. The still -increasing difficulties created by the enormous amount of the colonial expenditure became known, and the negociations for the loan which, on the failure to obtain tenders from the public, were commenced with private parties friendly to the colony, could not be brought to a favourable conclusion. Under these circum- stances, it became impossible for the commissioners to accept the bills arriving from the colony, or to pay the large amount for freight and agency becoming due, unless through the aid of Her Majesty's Government. For such aid it wiis, there- fore, indispensable that immediate application should be made : a difference of opinion unhappily arose among the commissioners as to the manner and degree in which that application should be pressed. I had full confidence in the efficacy of Mr. Wakefield's principle of raising colonization loans on the security of the value which their expenditure creates ; I had seen this principle, in the short period of three years and under difficulties which to many appeared insuperable, transform an unexplored wilderness into a populous settlement, and 1 felt an undoubting conviction that its application by the Government to the extent authorized by Parliament would save the colony without endangering the public purse. Under such impressions the letter dated the 26th of August, and addressed to the Colonial department, appeared to me to be inadequate to the occasion, and I prepared the draft of a letter to be substituted for it, embracing my peculiar views. 80.. Chairman.^ Is that letter of the 26th of August the letter which appears at page 91 of these printed Papers, to which your signature is attached r — Yes ; I signed that letter because, though I did not entirely approve of it, I thought it was necessary that some unanimous expression of opinion should go from the Board to the Colonial-office ; and I then sent in a stronger letter, giving the whole of my view of what would have saved the colony. 81. Do you mean that, although you agreed in the general tenor of that letter, you tliought that it did not go far enough to carry out your views, and therefore you, as an individual commissioner, addressed a letter to Lord John Russell, in which the other commissioners did not concur ? — Yes. 82. Was that letter received by Lord John Russell ? — It was returned by Lord John Russell, stating that he could not receive it, but authorizing me to pnt it before the Treasury and before this Committee. I have already put it before the Treasury ; I gave it to Mr. Parker, and I was authorized to produce it here. 83. What was the date of that communication you addressed, to Lord John Russell, and which was not received ? — The 23d of September ; it was addressed to Mr, Stephen, to be submitted to Lord John Russell, S4. Was the ground of its not being received, that Lord John Russell did not think himself authorized to receive an official communication from one member of the Board in which the others did not concur ?— Yes ; but he stated at, the same time that I should submit it to the Treasury, and that I should submit it to this Committee. 85, Was that stated to you in writing ? — Yes. 86, And you have a copy of the letter ? — I have. 87, Did you communicate a copy of that letter to your colleagues, before you transmitted it to Lord John Russell? — Yes, I did repeatedly; one was absent, and I communicated it to the other ; I wrote two letters, one was a draft which I wished to substitute for the letter of the 26th of August, that vras never sent ; the letter which I wrote to Mr. Stephen, to be submitted to Lord John Russell,, - ■was as follows : South Australian Colonization Office, Sir, 23 September 1840. Having in the letter addressed to you on the 17th instant suggested, as a means of averting the serious disaster with which the colony of South Australia is threatened, that Her Majesty's Government should guarantee a loan to be raised by the Colonization "Commissioners upon Sotith Australian securities, to an amount sufficient to repay the debt due to the emigration fund, and to sustain the credit of the local government ; I now I)eg permission to submit for the consideration of Lord John Russell the grounds upon which It is' presumed that, in giving the proposed guarantee, Her Majesty's Government niaj obtain complete security against any charge either on account of the interest or the prin- cipal of the South Australian loatis falling upon the public purse. The circumstances are 0.21. ' C such 10 MINUTES OF EVIDENCE TAKEN BEFORE THE Colonel such that timely aid in the form of credit may prevent the necessity of any actual advance Robert Torrens. of money from the treasury. The resources of the colony are rapidly improving. It would appear by the last advices that the population approaches to 15,000 souls ; that the 25 February 1841. numher of sheep may be estimated at about 150,000; that flocks both of sheep and cattle in quick succession were arriving overland from New South Wales ; that tillage had commenced with highly promising results, and was proceeding upon an extended scale; that the export trade in the Australian staples of wool and oil had already commenced ; that the ordinary revenue of the colony was yielding at the rate of 20,000 1, per annum, and that in the course of the year 1839 the land sales amounted to 168,552 1. The extraordi- nary and unauthorized expenditure which has caused the present diflSculties may contribute, if a financial crisis can be averted, to render the progress of the colony more rapid than It otherwise would have been, inasmuch as the public works on account of which a large portion of that expenditure was incurred, are calculated to make industry more productive by opening communications and reducing the expense of transport. Under these circum- stances, if the stream of emigration can be kept up, and the credit of the colonial government can be sustained, it would appear morally certain that the ordinary sources of revenue, together with the proceeds of the sales of public land, would afford to thq Government complete security against any charge falling upon the public purse on account of tlie proposed guarantee, were it not that the district of South Australia in which fertile lands have been found, is probably, as indicated by the decrease in the land sales at the close of the last year, too limited in extent to constitute a separate and independent pro- vince. But this only source of danger to the public purse the Government may altogether avert, by extending the south-eastern boundary of the colony in the way in which it was suggested in the letter addressed to you on the 7th July; that, letter was signed by the whole of the commissioners. On the subject of extending the limits of the province of South Australia it may be proper to submit some further explanation for the consideration of Lord John Russell. The geographical position and boundaries of the province were fixed by Act of Parliament before any adequate knowledge of the country had beed obtained, and upon the assumption that the districts north and west of St. Vincent's Gulf were similar in character to the district explored by Capt. Sturt. This assumption, it is now ascertained, was errot^eous. The only part of the province of South Australia. in which any considerable extent of fertile land has been found, is the district bordering on the east coast of St. Vincent's Gulf, Lake Alexandiina, and the Murray; and this district, though represented as containing land equal or superior to that found in any other part of New Holland, is perhaps too limited in extent to become the seat of an independent and self-supporting colony. Even if no financial crisis had occurred at the present time in consequence of the unauthorized expenditure of the local government, it might nevertheless at some future time have been found expedient to protect the public purse, by rectifying the original mistake committed in determining the boundaries of the province. With this explanation, I beg permission to recommend the following measures, as calculated to avert from South Australia the serious calamities with which the colony is threatened, and at the same time to afford to the Government a complete guarantee that the aid required will entail no charge upon the public purse : — Pirst, that a portion of the unavailable territory in the northern and western districts of the province of South Austraha be exchanged for an equal portion of available territory exterior to the present south-eastern boundary, and that the new territory thus acquired be of sufficient extent to comprise not less than 500,000 acres of land, equal in quality to that which is sold for 1 1, per acre in the districts of Adelaide and Port Philip. Secondly, that early in the ensuing session of Parliament, a Bill be brought in authorizing the alteration in the boundaries of South Australia, as above described, and providing that one-half of the proceeds obtained by the sale of public land in the province, as thus extended, shall be appropriated to the payment of the interest and principal of the loan guaranteed by Government, and the other half applied to the purposes of emigration. Thirdly, that Her Majesty's Government should guarantee a loan of 2io,oooZ., to be raised by the Colonization Commissioners upon the security of the revenues and unsold public lands of the province of South Australia. Of this loan, 120,000 Z. would complete the residue of the sum of 200,000 /., authorized by the Act 4 & 5 Will. 4. to be raised for the estabhshment of the colony and the government thereof, while the remaining QOfiOol. of the proposed loan of 210,000/., would be raised under the authority of the i & 2' Vict. c. 60 ; the third section of which Act requires that money shall be raised upon colonial revenue securities, for the purpose of replacing whatever sums may be borrowed from the emigration fund. In conclusion, I beg permission to repeat my conviction, that should the measures I have ventured to suggest be adopted, and the loan required to sustain the credit of the colonial government, and to replace, as required by the Act of Parliament, the sums borrowed from the emigration fund, be raised under the guarantee of Her Majesty's Government, and secured upon an extension of territory as above described, the present difficulties will be overcome, the population' and wealth of the colony will continue to increase as they hitherto have done, and the growing revenue, with the pro- ceeds of the sale of public land, will prove amply sufficient to pay the interest and prin- cipal of the additional loans, and to avert the necessity of any actual advance from the public purse on account of the colony of South Australia. The rapid and perhaps unpre- cedented prosperity of the colony of South Australia, up to the time at which the excessive and unauthorized expenditure of the local government occasioned the present financial difficulties, appears to give the sanction of experience to the confident expectation herein expressed. SELECT COMMITTEE ON SOUTH AUSTRALIA. ii fexprfissed, that if these difficulties can be now removed, the principle of self-support upon Coloael which the colony was founded may be completely carried out. Though some of the Robert Torrens. arrangements under which this principle was applied were faulty, and though, in conduct- ________ ing an untried experiment practical mistakes may have been committed, yet a colony ^. p"ebraarv 1841, established in 1836, had in December 1839 a population of 10,000 souls, 100,000 sheep, with flocks of 25,000 on their way overland, and an ordinary revenue yielding at the rate of 20,000 Z. per annum ; while the proceeds obtained by the sale of public land amounted to 229,696/. From these facts the inference seems certain, that if the credit of the local government can be sustained, and the sums borrowed from the emigration fund replaced, the increasing population and the multiplying flocks will create such additional demand for public land, that the proceeds resulting from its sale will be amply sufiicient to dis- charge the debt guaranteed by Government. The facts themselves, though not officially stated to the commissioners, rest upon communications, the authenticity of which it is impossible to question. I have, 8tc. (signed) Robert Torrens. 88. The substance of that recommendation was, that there should be an addi- tion, by Act of Parliament, of 500,000 acres to the colony, with a view to provide a security for a loan sufficient to free the colony from its embarrassments ? — ^Yes. 89. What is the extent of the area covered by the colony at present, under the original Act? — 1 believe it is 190 millions of acres; a great part of that is unavailable. 90. To which you propose to add 500,000 ? — Yes. 91. Then with regard to those 500,000 acres, you intended to apply what you term Mr. Wakefield's principle only to one half of it r — ^Yes. 92. Have you got the answer to that letter ? — I have it not here, but I will bring it the next day. In these views, that is, the views expressed in the letter which I drafted to accompany, or as a substitute for that of the 26th August and 17th September, my colleague could not concur ; and as it was most desirable that an unanimous application from the Board should be presented to the Government for aid, 1 consented to accede, under some modifications, to the original letter, in the hope that I might in return be able to induce my colleague to concur with me in the additional and stronger representations which I deemed it indispensable to make ; further reflection on the subject confirmed my opinion that such was the proper course. It appeared to me that it would not only be injurious and unjust to the colony, but unfair to the Government from which we were demanding aid, to abstain from representing the case in its entire strength, and in all its bearings. It seemed due to the colony to represent the whole extent of its claims upon the consideration of the Government, and due to the Government, which we were urging to incur a large pecuniary responsibility, to show the magnitude of the public evil which their non-intervention might involve, and at the same time to explain the way in which timely intervention, while it saved the colony from a calamitous revulsion, might prevent instead of causing a demand upon the public purse. 93. Are the Committee to understand that you concurred in the statement of facts contained in the letter of the 26th of August, but that you did not concur with your colleagues in simply asking the direction of the Government, but wished to add to that letter a recommendation of an addition, by Act of Parliament, of 500,000 acres to the colony ? — Yes ; I agreed mainly in that letter. 94. Did you agree in the statement of facts and in the narrative which that letter contains ? — ^Yes. g^. But as that letter contained no suggestion to the Government, but merely asked its direction, you wished to have added the suggestion which you did make in your letter to Lord John Russell ? — ^Yes. 96. You have arrived now in your narrative at the letter of the 26th of August, /which is before the Committee? — Yes. 97. The next letter before the Committee from yourself and another of the commissioners, is of the 11th of September; have you anything to state which took place in the intermediate period ? — ^No ; the opinions expressed in the letter which I have now read to the Committee, I continue to hold with unabated confi- dence, though a calamitous revulsion will have been occasioned, at the effects of which I tremble ; yet I nevertheless believe, that by giving effect to the provisions of the Acts authorizing the colonial loans. South Australia may be restored to prosperity without any ultimate charge being entailed upon the public purse. The state of the finances on the 1st of January 1841, was as follows: — Assets immediately available: in the hands of the treasurer, 592 I. ; in Exclsequer bills, 0.21. C2 3.593'- 12 MINUTES OF EVIDENCE TAKEN BEFORE THE : Colonel 3)593 I- ; the guarantee fund ; in the hands of Government, 1 5,000 I. ; making the HobeH Torrens. whole immediate available assets 19,185 ?. > ' ■ 98. Lord Stanley. 1 You do not include any item on account of the South Aus- 25 February 1841. tralian Company ? — They have paid up their money ; the liabilities were as foUovvs : passage money, agency and sundries, including dividends on bonds due 15th January, 47,189 /. ; bilfs presented but not accepted, 4r3t7^^ ?• ;. probable amount of unauthorized bills yet to come (because Colonel Gawler did not get his instruc- tions to slop till the 5th of November), 20,000/.: that is an assumed amount ; 8,000 /. have arrived last vveek, since this was written, making the whole of the liabilities 110,955/. ; then deducting the immediately available assets, 19,185/., the deficiency now due is 91,770 /. 99. In addition to that, what is the debt of the colony r — £. 80,000 ; , and there is a large debt due to the emigration fund besides. 100. Lord Mahon] What is the amount of that r — £. 97,800 ; the whole debt of the colony, without going into the nominal debt due to the emigration fund, and the excess of liabilities above assets, is 91,770/. and 80,000/. 101. l^oxdi Stanley.'] Besides the transactions between the emigration fund and the revenue fund? — Yes : here again I would beg to remark to the Committee that a complete understanding of the finances of South Australia cannot be obtained without taking into account the available resources of the colony under the pro- visions of the Acts of Parliament. The Colonization Commissioners are autho- rized to raise the following sums: by the first Act, a revenue loan of 120,000 /. (that is, the residue of the 200,000 /) ; by the same Act an emigration loan of 50,000 /., and, by the amended. Afct, a revenue loan to replace the sum borrowed from the emigration fund, and now amounting to 97,840/.; therefore the whole of the sums that, under the Acts of Parliament, the commissioners could now raise if the colony was in a state of credit, woilld be 267,840 /. 1 02. You do not put those as assets ?— No, these are possible assets if the colony was in credit; and the question is, whether, if the Government was to lend that money to the colony, the Government would be safe. 103. Supposing that the accounts were at this moment wound up altogether, there would be a deficiency of 1 70,000 /. ? — Yes. 104. Mr. Gladstone.~\ With respect to the excess of expenditure and the arrival of bills from Captain Gawler, when do you expect that will cease? — I have given all that have arrived up to the 1st of January; this account is made up to the 1st of January; at that time there were about 40,000 /. of bills not accepted,' and I suppbse that before he would get instructions to stop we should probably get 20,000 /. more. 105. Mr. Ward.'] That is, supposing that Colonel Gawler continues to draw at the same rate that he did up to November .? — Exactly. 106. Viscount Mahon.] What was the date when the first bill was presented and not accepted r — It was some time in the end of July or the beginning of August ; I have not the bill here nor the amount of it, but I v»ill furnish the Com- mittee with that information, 107. Mr. Raikes Currie.] You have estimated the amount of bills that Colonel Gawler will continue to draw before he can be stopped from drawinS/fl«/(?j/.] Do not you conceive that the object of that proviso was to require security that, of the gross amount of money accruing to the entiigration fund in each year, two-thirds should be left available for that legitimate purpose, and subject to no incumbrancer — Probably that may have been the intention of the framers of the Act, but I am stating what the Act is. 132. Supposing that to have been the intention of the Act, what security for carrying that intention into effect would there be, supposing there were an un- limited power of borrowing in tlie course of the year, upon the mere chance of having the Act complied with at the close of it ? — There is not an unlimited power of borrowing, because you must have an emigration fund to borrow from, and the limit is the extent of the emigration fund. I think that under the Act, as I stated before, if at the beginning of 1 840 we had borrowed from the emigration fund 100,000?., and raised a revenue loan and repaid the emigration fund, we could have taken that from the emigration fund again. 133. And according to your construction you might have repeated that opera- tion tones' quoties, and raised a loan to any extent to which you could find persons willing to advance ? — I think there is nothing in the Act to prevent it. 134. What security would there then be for your having two-thirds of the emigration money available for the purposes of emigration in the course of that year ? — The Act would have compelled you to do that, if you complied with the Act. 135. Mr. Ward.'] Do you borrow upon an estimate of the possible land sales in the year ? — No ; upon the actual. 136 Upon the actual amount of the emigration fund at any particular period ? — Yes. 137. Mr. Hope.] What was the year in which you borrowed the 75,000?. ? That was in the year- 1840; but 1 stated that amount in rough. I can state it accurately. In January 1840 we had borrowed 36,000 ?. from the emigration fund ; SELECT of a former year ? — Not at the end of the year ; in the course of the year. 146. Mr. Hope.] In what year was it that you received 168,000/. for the land? — In 1 839. 147. At the close of 1839 you had 161,000 Z. in that fund? — We had spent some of it in the course of the year. 148. Lord Mahon.] In your letter of the 23d of September you express con- fident expectation as to the successful issue of the experiment. Did you then concur in these words which appear in the letter of the 26th of August: "It devolves on us to exhibit the colony in a state of crisis, and to show the probable defeat of that experiment of self-support '' ? — With certain limitations, if no assist- ance was given. Of course, when you are applying to Government for aid, you are, to a certain extent, abandoning the principle of self-support upon which the colony was founded. 149. Chairman^] You conceive that it was only temporary assistance that was wanted, and that by tLe addition of those 500,000 acres to the colony it would right itself again ? — Certainly. 150. Lord Stmilm/..] Upon what ground did you recommend the addition of 500,000 acres to the existing colony with a view of extricating the colony from its diflSculties r — Because a little before that was written we had received accounts of exploring parties that had gone along the western coast of the colony from the head of St. Vincent's Gulf to the western limits of the colony ; they had made some explorations north, and came back reporting that «11 that portion of land was sterile and could not be sold at any fair price ; and the only land that we positively knew to be very good, was that land of which a great portion had been bought, lying between Gulf St. Vincent and the lake and the river. 150. Are the Committee to understand, that so far as you are informed, the whole of the available and fertile land within the colony is already occupied, and that the remainder is barren land ? — That would be saying too much ; but, as far as it has been explored, a great portion of the north-west part of the colony is barren. 152. Can you state what proportion of the colony has been explored, and what pfToportion is occupied ? — I suppose the occupied pvart of the colony may be about 3,000,000 of acres ; a great part of the coast is hilly bad land. 153- Can you state how much has been explored, which comes under the c 4 character i6 MINUTES OF EVIDENCE TAKEN BEFORE THE Colonel character of what you denominate waste and barren land ? — The whole of the sea- R obert Torren s. coast has been nearly explored, and about 40 miles north. ■ ' ■ 154. Chairman.'] Will you proceed with your statement with respect to the 5 ebruary 1841. financial state of the colony ?— The Acts of Parliament, according to my construction, thus authorizing the raising of sums to the amount of 267,000 /., that would leave 176,000?., after discharging the liabilities now outstanding of 91,000 /., besides the debt to the emigration fund of 97,000 I. It will appear, therefore, that if .the provisions of the Acts of Parliament were even now carried into effect, the colony of South Australia would possess, after discharging the whole of its liabilities, available resources to the amount of 176,000/. applicable to emigration and to the expenses of the local government. But it is npt necessary that the provisions of tiie existing Acts with respect to the raising of loans should be carried into full effect. A loan of 91,773?. would be sufficient to discharge the whole of the liabilities of the colony, including 20,000 I. for the unauthorized drafts which may not yet have reached this country ; while another loan of 97,840/. would repay the debt to the emigration fund, and place in the hands of the commissioners for emigration purposes a clear fund to the amount of 97,840 I. But though this sum should be ultimately paid to the purchasers of land in the form of labour, yet as the whole sum could not be immediately employed in emigration, the whole sum need not be immediately raised; a loan of 150,000?. at the present time "would discharge the existing liabilities, and leave in the hands of the commis- sioners 52,000 1, for continuing emigration. With the permission of the Com- mittee, I will state what in my view would be the remedies now to be applied'. Up to the 1st of January 1840, the experiment of colonizing South Australia upon the self-supporting principle was completely successful. The causes which subsequently suspended the prosperity of the province are as follows : — 1st, The tailing off of the land sales in consequence of the new excitement attracting emigration capitalists to Port Phillip and to New Zealand, ad, The large amount of the unauthorized expisnditure incurred by the local government. The Committee will see that it was the concurrence of these two causes which led to the financial crisis. The absence of either would have averted the calamity. Had the land sales in 1840 yielded the sum of 160,000 I. as they did in 1839, or had the local expenditure in 1 840 not exceeded the amount authorized by the com- missioners, then in either case the calamity, the unknown extent of which I con- teniplate with apprehension, could not have occurred. In considering the remedies which might have been or which may even yet be applied, the Committee will see hy a reference to the accounts that, at any time up to the actual return of the bills presented for acceptance, a loan to the extent of 90,000/. would have enabled the commissioners to sustain the credit of the colony by discharging in full all its im- mediate engagements. It will also be seen by a reference to The accounts that a further loan of 97,000 /. would have replaced the suras borrowed from the emi- gration fund, and have enabled the commissioners to keep faith with the purchasers of land, by sending out labourers in conformity with the provisions of the Act Up to the period of the sailing of the first ship which conveyed to the colony a dishonoured draft, a loan to the amount of 210,000/. as authorized by the Acts of Parliament, and as I ventured to recommend in the letter addressed to the .Colonial-office on the 23d of September, and in the memorandum forwarded to the Chancel or of the Exchequer on the 2d of November, would not only have averted a l the as yet unknown consequences of dishonouring the governor's drafts Tn r"! tf'"' '"'*''"1 '^' 1^'°/'^^' "^ '^' '°l""y ^y continuous emigration! To arrest the progress of mischief and to restore that of prosperity an advanoP of not less than 210,000 /. would now be required. Parliament micht make this ad vance either as a free gift to the colony or as a loan to be repaid" out of the pro- ceeds of the future land sales. With respect to the question whether if won 1 J hi expedient to meet the financial difficulties of the colony of Solth Aus aha bv ^n advance m the waj^ of loan I would beg permission to submit thefollowin^ observations for the consideration of the Committee: The experin "nT of establishing a sef-supportmg colony in South Australia proceeded from The fir^t upon the prmciple ot anticipating by colonization loans the value which rolnnf zation confers upon the waste lands of a- new country. Now \t will K ^ .°"'" to those who are familiar with the Wakefield princ^les of co Watlon lEt colonization or emigration loans, although classed under the general n \ colonial debts, have little in common with those debts which are ra^s^^Tw defraying the ordinary expenses of government. Wild land of a quahty capable of SELECT COMMITTEE ON SOUTH AUSTRALIA. 17 of yielding a surplus produde more than sufficient to give the cultivator the Colonel ordinary rate of profit obtainable in this country, acquires marketable Value on ^0^^^^ Torrent. the approach of an industrious population. Hence it is that a colonization loan -expended in planting an industrious population upon wild land, creates a value ^^ ^ "^"^"^ ^^*^' sufficient to repay itself. An ordinary loan, chargeable upon the ordinary revenues of a colony, must be paid out of the vyages and profits of the colonists, and thus become a burden impeding their progress. But an emigra- tion loan chargeable upon that creation of value of which it is itself the cause, leaves wages and profits untouched, and instead of impeding, accelerates advance. An ordinary loan, chargeable upon the industry of a new country, cannot be paid- off except by means of oppressive taxation ; while a loan, chargeable upon the marketable value which inflowing population confers upon the waste, may be paid off without any pressure upon industry whatever. It is evident, that should Parliament decide upon advancing toSouth Australia, Exchequer bills to the amount of the further loans of 267,000/., the raising of which is authorized by the South Australian Acts, and that if these Exchequer bills should be paid off by the appropriation for that purpose of a portion of the price of the next 500,000 acres of public land, sold at 1/. per acre, it is clear that no burthen retarding the progress of the colony could be entailed by the operation ; but that on the contrary there would remain, after the out- standing fiabilities, amounting at present to g 1,000?., had been all discharged, an emigration fund of 176,000?. in the hands of the commissionei's, which fund would be sufficient to convey 8,800 adult labourers to the colony. But this would not be all : the proceeds of the sale of 500,000 acres of land, after paying off the ^'Exchequer bills to the amount of 267,000/., would leave, with a small deduction for the interest of the Exchequer bills, a further emigration fund of 233,000/., capable of conveying about 11,650 adults to the colony. The result of the whole operation would be, the satisfaction of all existing liabilities, the complete liquida- tion of the debt created by the advance of the Exchequer bills, and an extent of emigration raising the population of the province from 15,000 to 35,450 souls. The objection which has sometimes been urged against colonization loans borrowed upon the security of the value their expenditure is to create, and to be paid as that value is realized, proceeds, as it appears to me, from a misapprehension of their nature and of their effects. It is evident that an advance of Exchequer bills to the amount of 267,000/. could be repaid without , entailing any burthen upon the industry of the province, provided the proceeds of the land sales should in the next four or five years amount to 500,000/.; but the question is, will the land salesy in the next three or four years, produce this amount? And this question is resolvable into another, namely ; is there within the present limits of the province of South Australia 500,000 acres of well situated and as yet unappropriated land, of that quality which in the districts of Adelaide and Port Phillip has been sold to the public at 1/. per acre ? Had the southern coast of New Holland been sufficiently explored before the limits of South Australia were fixed by Act of Parliament, and had the colony, instead of embracing a vast tract of unavailable territory to the north and west, extended from Gulf St. Vincent eastward to the sea, no question could have been raised as to the sufiSciency of the security which the proceeds of the land sales would have supplied for the repayment, of an advance, far exceeding that which is now proposed. It is perhaps not yet too late to rectify the error which was committed in fixing the boundaries of South Australia. By extending the eastern boundary of the province from the 141st to the I42d meridian of east longitude, available land would be obtained amply sufficient to provide for the repayment of the proposed advance of 267,000/,, and to secure the redemption of the pledge given to Parliament, that the esta- blishment of the colony of South Australia should not entail a burthen upon the public purse. Should Parliament deem it inexpedient to guarantee a South Australian loan on the security of the proceeds of the future land sales, it may become necessary to make the requisite advance, not as a loan, but as a gratuity ; but, in whatever way Parliament may decide upon meeting the financial difficul- ties which have arisen under the existing system, it would seem that that system should become remodelled. The opinions which I now venture to express to the Committee are not new opinions, taken up for the occasion, but were, to a certain extent, deliberately formed even before the anomalous and incongruous provisions of the South Australian Act had begun to produce their anticipated effects. In con- firmation of this, I would beg to refer the Committee to the letter I addressed to 0.21. D Lord J 8 MINUTES OF EVIDENCE TAKEN BEFORE THE Colonel Lord Glenelg on the 17th of August 1836, and also to the memorandum on Robert Torrens. divided authority submitted to his Lordship on the 22d of December i«37. ^^'^ r if the experience which I have had of the working .of the system should be oeernea 35 February 1841. sufficient to qualify me for offering a suggestion as to the principles upon wtiich it ought now to be remodelled, I would say that the raising, the custody, and the apblication of the revenue funds should be withdrawn from the Colonization Com- missioners, and placed, as is the case with other Crown colomes, m the hands ot the Lords of the Treasury ; and that the clause in the Act, requiring that the gross proceeds of the land sales shall be applied, without deduction, to emigration, should be repealed. The expediency of placing the finances of the^colony under the con- trol of the Treasury is too obvious to require comment ; but, as the employment of the whole of the land fund, without deduction, in the conveyance of labour to the colony, has been regarded by many as the cardinal principle upon which the colony has been established, I would beg permission briefly to explain the grounds upon which I would venture to recommend that Parliament should now authorize some relaxation of the rule. In a new country, abounding in unoccupied land, labour is the one thing needful ; now, as regards the rapidity of progress and the amount of production, encouraging labour has the same effect as increasing its quantity ; it is the same thing, as regards the quantity of work to be performed in a new coun- try, whether there be an immigration of 200 labourers, or an immigratiop of lOO so aided as to be able to execute the work which would otherwise require the labour of 200 ; and it would be much more advantageous to the employers to obtain the services of 100 so aided as to have the efficiency of 300, than to obtain the services of 200 not so aided ; roads, bridges and wharves, by diminish- ing the difficulty of carriage, may enable one man to execute a greater quantity of. work than that which could otherwise be executed by many. As regards the real efficiency of the supply of labour, it might prove more advantageous to a new colony to employ 2,000/. of the land fund in constructing a landing-place and ^ road, than in conveying 100 adults of the labouring class ; and again, it might be expended, even as regards the numerical amount of the supply of labour in a new country, that, in the event of a casual deficiency of employment tempting re-emi- gration, a portion of the land fund should be applied to paying wages to residerjt labourers engaged on public works, rather than to the introduction of additional hands. Upon the several grounds which I have now ventured to submit for the consideration of the Committee, l' entertain the opinion, not hastily formed to accord with the occasion, that the provisions of the South Australian Act should be remodelled. 155. Are the Committee to understand that you attribute the present financial difficulties of the colony to the diversion of the stream of emigration from Australia to other colonies, and to the excessive amount of drafts drawn by the resident commissioner ? — Yes. 156. And the remedy you propose, would be an advance by Parliament to the amount of 2 10,000/., for which you think security might be given, provided 500,000 acres were added by Act of Parliament to the colony ?— Yes : I think there would be security enough without that; but to make the security doubly sure, and to render it impossible the Government should have anything to pay ultimately I would give that extension of territory. 157. If there be any doubt entertained as to the security, you think it would be necessary for Parliament to make a grant to that amount ; and you would, in addition to that, recommend the remodelling of the financial system, so as to give the Treasury the same control over the finances of South Australia which it exercises over those of the Crown colonies generally ; and you would further recommend a modification of the principle embodied in the South Australia Act, as to the application of the gross proceeds of the land sales to emigration ?—Ye's 158. Mr. Raikes Currk.'] Do not you consider that it was the duty of the commissioners early in the year 1840, before the unauthorized and extravagant expenditure of Colonel Gawler had happened, to negotiate a loan under the Art of Parliament, to defray the debt due to the emigration fund, and to provide for the ordinary expenses of the colonial government ? — Yes. 159. Why was it not done ?— Perhaps it would be fair 'to ask my colleagues whv it was not done. •' ° j 160. The present commission was instituted in January 1840?— Yes l6i. Mr Parker.] You attempted a loan in July, did you not? Yes 162. Mr. Vernon Smith.] Did you state in the report which you wrote on the 8tb of SELECT COMMITTEE ON SOUTH AUSTRALIA. 19 8th of January 1840, at the close of the fofmer commission, tfeat you considered a Colonel loan necessary ? — Yes, I think so. Robert Torrent. 163. Can you point out the passage? — " The loans from the emigration fund, amounting to 31,596/., must under the provisions of the Act be replaced by the issue ^^ February 1841. of an additional amount of colonial revenue securities, in order that the whole of the proceeds of the land ■ sales may be applied to the conveyance of labour to the colony." However we might work those funds backwards and forwards, still at the end of each year we must under the Act have applied two-thirds to emigration, but in the meantime we might have borrowed it. " It would be super- fluous and perhaps improper to enter in this place upon an explanation of the mea- sures which, had our functions continued, we should have felt it our duty to adopt in order to place the finances of the province upon a stable foundation, by providing for the payment of the interest and ultimately of the principal of the debt of 123,396/. which has been incurred in planting the colony, and in providing for its govern- ment for a period of three years." It was frequently discussed at the other Board, and arrangements were made for raising it. 164. Is it contained in any report you have submitted to Parliament? — No otherwise than in the passage I have just read, that the loans from the emigration fund should be replaced by the issue of additional revenue securities.' 165. That report of January 1840 was not delivered till July? — 'No. . 166. What was the reason of that? — It was not got ready; it was dated the 8th of January, because being signed by the former commissioners, it was necessary to date it then ; it was a history of their proceedings for the year, and therefore it was dated before they were out of office. 167. Chairman.^ Was it signed by them before they were out of office? — It was signed by them after they were out of office. 168. Then the report, although it bears date the 8th of January 1840, was practically sent to the Colonial-office in July 1 840, having been only then signed by the commisioners ? — Yes. i6g. Lord Mahon.] On what day was it actually signed by the commissioners? —It was signed on different days ; it was sent round to them. 170. In the month of July? — 'Yes. 171. And sent in on the 20th of July?— Yes. 172. It was sent in subsequent to the letter of yourself and the other com- missioners stating the financial difficulties of the colony ? — Yes : I beg to explain to the Committee that that report was a history of the colony during the year 183 9, and though it was dated in 1 840 it would have been impossible to have alluded in that report to any transaction of 1840, because those were transactions in which the commissioners who were out of office had nothing to do. 173' When you state the commissioners who were out of office had nothing to do with the transactions in 1840, you mean that they had no knowledge of them, and could not report them to Government; but is not it stated in that letter of the 26th of August, that the whole of the letters from the resident commissioner had been addressed to the former Board, and that the new commissioners were in no degree responsible for the events which occasioned these difficulties, because at the time they occurred the change of commissioners was not known in the colony ? — That refers to the crisis ; that letter refers to the drafts of the resident commis- sioners, which were not at all known in this country in January 1840, the date of the report. 174- The diversion of the stream of emigration from South Australia to other colonies, and the excessive amount of drafts drawn by the resident commissioner, are causes that were in operation during the administration of the former com- mission ? — Yes ; but the drafts were not known here, because they had noc arrived. The falling off in the land sales in this country is particularly specified in the report. 175- Lord Stanky. Ji Those over-drawings from the colony were the acts of officers acting under the authority of the earlier and not of the later commission ? —Yes; but in giving a history of what vvas known in this country, those, things could not be noticed. 176. Chairman.'] The former commissioners are of course exonerated from any responsibility as to any measures that would have been taken upon the knowledge of those facts coming here ? — Exactly ; at the date of the report they could not have been cognizant of them. 0.21. D 2 177- Viscount 20 MINUTES OF EVIDENCE TAKEN BEFORE THE Colonel 177. Viscount Mahon.'] Do you know the precise time when the change of the Robert Torrens. commission became known in the colony ?— I think in June. ^^: ~~ 178 LorAJEliot^ Will vou turn your attention to the statement read oy 25 February 1841. ^^^^^^^ ^^^^ .^^^^ proceedings of the South Australian Council on the 3d or April 1840, in page 127 of the printed Papers, which contains the following pas- sage : "By the accompanying very carefully compiled statement of receipts and expenditure, it appears that the actual expenses of the government for salaries, tudicature, police, customs, and a variety of incidental expenses, has been 550?. igs.iod.; while those of the land and survey departments, which form no essential part of the government, of the immigration department, of which new colonists are the direct objects, and of public works, horse and cart hire, and so forth, which flow directly into private purses, amount to 29,140/. 15*- ii«-' Do you conceive that, with a due regard to the well-being of the colony, any large proportion of that expenditure could have been dispensed with ?— I think so; I think that Colonel Gawler adopted a system of survey entirely different from that which he was directed to adopt. We had consulied with the ordnance offi- cers who are charged with the Government survey of the country, and we had formed a plan of a running survey which would be very cheap, and he went to the expense of a trigonometrical survey ; but that is fully explained in the report of Captain Dawson, recently given in to Lord John Russell, upon New Zealand. Captain Dawson drew out a plan for us, and we directed that plan to be executed ; it was not executed, and therefore the expense was much heavier. With respect to those public works, they of course very essentially tend to the prosperity of a country ; but the question is whether there are funds to pay for them when they are executed. 179. Did not a considerable part of this difficulty arise from the circumstance of no preliminary survey having been made ? — Yes ; a great deal of the difficulty of the colony arises from no preliminary survey having been made; but it was impossible to make a preliminary survey, because the Act required you to sell in this country 35,000 Z. worth of land before you could engage a surveyor, or even do anything; and many persons rushed out there before the surveyor could get there. 180. Chairman.] Who brought in the original Act ? — Mr. Whitmore. 181. Lord Howick.l Did not the parties with whom the scheme originated cause that Act to be introduced ? — ^Yes ; but there were many things put in which the projectors would have been glad to have kept out of it. 182. hord Eliot.'] Will you turn your attention to a letter written by the South Australian Commissioners, dated South Australia Colonization Office, Adel phi- terrace, 2d December 1838. It is in the fourth report, page 17; the second paragraph in that letter says, " The objects to be obtained are to expedite the surveys, and to place the purchasers of land upon their locations with the least possible delay ; and the commissioners have only to request that the arrangements which you may make for their attainment may be regarded only as provisional and temporary, so that it may be left open to the Board, when fuller information shall be received, to determine 'upon what scale the surveying staff shall be per- manently established. The commissioners hereby authorize you to incur any additional expense on account of the survey which you may deem essential whether it be in increasing the strength of the surveying staff, from the neighbour- ing colonies, or in contracting with private surveyors for the rapid execution of any given quantity of work." Do not you conceive that that contains a sufficient authority to Colonel Gawler for the increased expense which he incurred upon that head ?— Yes, up to the time at which he received the permanent regulations of the commissioners ; in the intermediate time he was to use his discretion 183. Chairman.'] Do you mean that subsequently to the date of that letter vou addressed instructions to him, which limited his authority as to the expenditure he was to incur on that account ?— Subsequently to that letter we remodelled the surveying staff altogether. We had arranged that a body of sappers and miners with a lieutenant of the engineers, should carry on this running survev ' 184. Did you, subsequently to the 2d December 1838, address supplementary instructions to Colonel Gawler modifying those former instructions, and limitinp- his authority as to the amount he might draw on account of surveys ? W him fresh instructions directing him to discharge the temporary surveyors h ^ ^^hf have engaged, and his former instructions to limit the surveyin, to such claimants ag; might be willing to exchange at par their unaccepted bills, or other pecuniary claims upoi;, the funds of the colony, for such revenue bonds, upon the stipulation that the bonds should be paid as soon as the Parliamentary guarantee niay enable us to raise the sum of 120,000/,, These modes of satisfying immediate claims, or, should they be objectionable, any other- that your Lordship might suggest, might prevent the occurrence of further financial diffi- , culties. We think it right to mention that it has this day been verbally communicated to us, that there is an intention to commence an action at law against us for the half freight of one of the vessels hired for the conveyance of emigrants. Should the dividends also upon the. colonial revenue bonds, falling due upon the 15th of the present, month, not be paid upon, that day, additional discredit would be incurred ; while the return to the colony of Colonel Gawler's unaccepted bills may be expected, to involve, on account of the charges of protest:; and interest, an additional expense of 30 per cent, upon the whole amount of bills,; returned. In conclusion, we beg to state that we shall for the present, until we receive your Lord- ship's instructions, abstain from holding out any positive expectations to the claimants who may apply to us. We have, &c. (signed) Robert Torrens. Edward E. Villiers. 270. Lord Mahon.] What answer did you receive to that letter? — That the Treasury could do no more. , 271. Chairman.'] In answer to that letter, was a copy of a letter froin, the Treasury comnnumcated to you, written- upon the perusal of your letter to Lord John Russell X — Yes. 272. Is that the letter? {A letter being shown to the Witness) — I think this is the letter. 273. Will you have the goodness to read that letter ?^- \The same was read, as follows :] Copy of a LETTER from C. E. Trevelyan, Esq. to J. Stephen, Esq. (Immediate.) Tk^'i' J n • fxi iiT • . > m '^'■^^^"'^yChambers, 15 January 1841. The Lords Commissioners of Her Majesty's Treasury having had under their considpratinn your letter dated 12th instant, transmitting'copy of on'e from tie clnizatiorCoZislt^ for South Australia, announcmg the failure of their endeavours to raise a^lZ for the services of that colony on the terms stated in their Lordships' Minute of the 3d November last I am commanded to acquaint you, for the information of Lord John Russell that mv Lords regret to observe that the commissioners have failed to nes-otiafP a 1n»f ^\ L^^' an advance from the Bank of England. With reference, howevfr to tL^; f .-'" it is correct that the commissioners were authorized to W?^^olClSl^^r^^^ governor of the Bank, and to refer them, respecting the gSarlntee to th J C hJ u TT , Exchequer. My Lords think it unnecessary to go into a^detaj of'the nartt^?!? 'v°l ^^^ stated in the letter of the commissioners; but they consider that th. £.•' ^^'"^ -'^ the guarantee was between the Chancellor of the Lc^uer and the ^t ''''''' respectmg governor of the Bank, and that this department is reSbl ts ^ ST ^f^T'^- these parties, and for that only. It does not appear to^ my Lords that tt^^'^.^"*'"""" further steps in aiding the resources of the colony until t^e mee^L o/^^^^^^ '^^\^^l respect to any answer to be given to the parties, my LorS woX 1, f J^^'"*'. ^' '^ answerthat can be given, will be to inform the parties that the lasetuffl ^''"V^t T^^ Parliament without delay, with the view of making such arran^emenT flAl ™?^^ ^-^^"'^ their claims as Parliament may sanction. arrangement for the satisfaction of I am, &c. (signed) a E. Trevelyan. 274. Do SELECT COMMITTEE ON SOUTH AUSTRALIA. 31 274. Do you consider the distress which will have been occasioned to the colony by the protestation of these bills to be of a very urgent nature? — Very urgent. 275. To what extent do you conceive that distress may go ? — It may be most alarming. The Committee will observe the condition of the colony of South Australia is this : in consequence of the delay of the surveys, the settlers could not get very soon upon their land, and for want of being able to get upon their land, they congregated very much in the town, and the increase of the population there gave a great increase to the value of the town lands and the buildings ; con- sequently the principal part of the capital and industry in the colony went to building the town rather than to cultivating the land ; and by the last account the colony is not quite producing half its subsistence, and it has been living upon im- ported food, which imported food has been chiefly paid for by bills upon England, the greater part of them Government bills ; therefore, when those bills are dis- honoured, there will be such discredit, that probably provisions will not be brought in for the supply of the colony ; and I have always been apprehensive that there might be a famine there. 276. At what period do you think that consequence will result h — I can hardly tell, because I do not know when it was that the first bill went back ; the first bill was received by the accountant in the latter part of August, and it would not be due for two months, therefore it would not be going back till October, even if they sent it back ; but I am not sure that they sent it back ; then it would take four months to go ; but as the parties expected the Government to pay them, I believe they did not go for a considerable time. 277. At what period do you consider it probable that the credit of the colony will have been so injured as to interfere with the supply of provisions necessary for the subsistence of the inhabitants ? — About four months after the departure from this country of the ship that took out the first protested bill. 278. Do you know when that ship went ? — I do not. 279. Can yon fix the earliest period at which it went ?-^I do not know. 280. 'Lord Mahon.'] Do you know the name of the ship?— I do not know; those bills were held by private parties. 281. Mr. Vernon Smith.] At what period was the first bill protested? — About the 24th of August ; it was presented for payment upon the 24th of August, and it -was not payable for two months after that, and the parties might still hold it after the day of payment. 282. It would not be protested till October ? — No. 283. Mr. Wood^ When do you suppose that the first bill quitted this country under protest for non-payment ?— I do not know; in November or December, I suppose. 284. Was it before Christmas ? — Probably about that time. 285. Mr. Gladstone.] Would not the intelligence that there was a doubt about the acceptance of the bill produce a very considerable effect in the colony ?— I think the doubt would not have arisen till the non-acceptance was known there ; but there would be a great check to the colony even before that, because in June we wrote to Colonel Gawler to stop these excessive drawings, and the ship that took that letter out sailed from Falmouth on the 7th of July ; therefore about the 7th of November Colonel Gawler would have received intimation that he was to stop those drawings, and the very act of stopping those drawings and suspending the public works would give a considerable shock to the colony. 286. Lord Stanley.] Is it your opinion that if a loan had been negotiated in the month of November, at the time when the first bills began to be protested, this financial crisis would have been avoided ? — No, I think that would have been too late; of course a great deal of distress would have been avoided, and it would have been much sooner remedied, but I think the credit of the colony would have been shaken at that time. 287. Mr. Vernon Smith.] Has the amount of bills which has lately come been equal to what you anticipated ? — Yes, about the same. In the statement I gave upon the day I was last examined, it was brought up to the 1st of January, and I estimated that probably before the drawings ceased 20,000/. more might come. 288. Chairman.] According to your present statement, taking four months as the average passage to Austraha, the governor would receive in November 0.21. E 4 instructions Colonel Robert Torrem. 2 March 1841, 32 MINUTES OF EVIDENCE TAKEN BEFORE THE Colonel Robert Torrens. s March 1841. instructions which would prevent his drawing any more drafts ? — Yes, about the 7th or 8th of November, probably. 289. And the result of that communication to the governor you expect to ' receive in the course of the present month?— Or the next; they do not sail direct from Adelaide, they go round by Sydney. ■ • , , 290. Mr. Wood.] May there not be public works executed, for which there may be no means of providing except by bills, which he is prevented from drawing, and may not thereby great additional distress be created ?— Persons employed upon those public works will be thrown out of employment, and that will, no doubt, increase the distress very greatly. 291. Lord Eiiot.'] And it will be necessary very materially to reduqe the surveying staff and the police department, and those persons will be thrown out of employment ? — Yes. I was asked the last day for the instruction sent to the governor" to discharge those extra surveyors, and I have brought it — (producing the same) . 292. Lord Mahon.'] At what time may Captain Gray be expected to assume the command of the colony ? — About three months from the present time, 293. Lord Stanley.] Can you state in what proportion the colony of South Australia is dependent for its supplies of provisions upon other countries? — By the last accounts, though they were not official, it would appear that they expected that the produce of the wheat harvest would be about 60,000 bushels. If that be correct, I think they would grow about half their vegetable food ; and they have X 80,000 sheep, and a great many cattle, and therefore they would not need to import their animal food. 294. At what time does the harvest come in? — The reverse of this country; it is now approaching to their harvest at this very time. 295. Then the harvest, which, as' you state, is sufficient for half a year's supply of the colony, will just have come in at the time that the financial difSculties will have become known ? — Yefe, soon after. 296. Do you consider you are justified in stating that the supply of corn in the colony is sufficient for the population for one half of the year? — That is stated in unofficial accounts in the newspapers of the province. 297. Have you no official accounts stating how far the colony is or is not dependent upon foreign supplies for its subsistence? — No; we have got a statisti- cal account of the colony, but it does not state anything about the cultivation ; it states almost everything else. I beg to say that my statement of 60,000 expected bushels is merely from report ; I have nothing official upon it. 298. Mr. Raikes Currie.} Do you consider it one of those sanguine reports, many of which have arrived from the colony ?— I should be sorry to rely upon it,' or that the Government should act upon it. 299. Lord Stanley.] Can you state whether there is any period of the year at which supplies of corn periodically come into the colony ?— They come in at all times. Until this last harvest there was very little corn grown, scarcely any 300. Do you mean to say that there is no one period of the year at which corn comes in habitually to a greater extent than at other periods ?— I am not aware • our statistical accounts are so very imperfect upon the subject. We gather it chiefly from the newspapers. ° 301. , Ckaii^man.-] Are the Committee to understand that you are of opinion that at the time of the receipt of the information in the colony, which would so much injure Its credit, there would be live stock in it sufficient for the consumption of the colony for a engthened period, and about half a year's consumption of corn ? -I do not say that ; I say that by loose reports in newspapers it is stated that they expect to have so much. oiaicu umi 302. Upon what grounds do you form your opinion that the receinf of th\^ information m the colony would tend to produce a famine at an early period 5- Because they have been hving upon imported provisions almost exclusivelv nn tn this last season, when they say there was this extension of cultivatL„ The renort 13, that the cultivation is going on very rapidly, and thev Pvn^of fiA ^"V^^o" of wheat at the harvest ; but wlh respelt to she^p Z ca Jl. T. l^'^A '^'"^^'^ sheep and cattle, they are the properly and sheep farmers ; and the labouring J- ,• r , ■ "y ^"® ^"^P^"sion of public works ntiH fh2 =n^;^tel^^^ ^°^""^' '-''-'''-' ^^- cattleVti^^C;,^ 01 wneai ai cne narves ; but wn li respect to sheep and cattle, they are the proneriv of large capitalists, who are grazing farmers and sheep farmers • and fh. i'^k ^ • ^ people if they are thrown out of 'work by the suspen^ion'f pX Vo^k tT'Ihf general discredit of the co bnv. could nnlv apf tL.^ „„..i.^ ■ .. '^\'^"<^ •^"e 303. How SELECT COMMITTEE ON SOUTH AUSTRALIA. 33 303. How soon after the receipt of this information- do you think that famine would not only be apprehended, but begin to be experienced?— Assuming that there was two months' consumption of flour in' the colony, it would come in two months. 304'. Have you any information which enables you to fix two months' consump- tion as the probable amount in store in the colony ? — No. 305. Mr. Raikes Currie.J Are you aware of the price of flour in the colony at the date of the last letters from the colony ? — No ; I have not seen the last accounts ; it had been falling. 306. Chairman.] You are not able, to furnish the Committee with any accurate statistical information sufficient to enable them to judge what the immediate effects are likely to be of the: injury done to the credit of the colony? — No; I should think that Mr. Angas and gentlemen connected with the company would give much more accurate information upon these subjects than I can. They have large quantities of land in cultivation themselves, and they know precisely how the thing is going on. 307. Have you any explanations that you wish to offer with respect td any part of your evidence given on the preceding day?- — I have. With reference to Question 65, in addition to the answer I then gave, I wish to state that the 200,000/. being considered by the former commissioners inadequate for the purpose for which it was intended, it would become at some period necessary to apply to Parliament for greater powers ; and it was the object of the second South Australian Act to do away the strict limits as to borrowing which were imposed by the first Act. Then, with reference to Question 73, I wish to add to my answer, that the first loan for the emigration fund was in July 1838. At that time we had 24,000 /. of the public loan of 80,000/. to call up; but instead of calling it up, and paying 10 per cent upon the instalment, we took 8,000/. from the emigration fund, and thereby saved the diff"erence between loper cent, and the interest upon Exchequer bills. 308. Is there any other part of your former evidence with respect to which you wish to offer any explanation? — I wish to add to Answer 111, with respect to the passage in the letter dated the 26th of August,.in which it is stated, "that by a wise provision of the fundamental laws of the colony, the power of the commis- sioners to borrow money is strictly limited," that letter was sent in to the Colonial- office without my signature, I being then absent, in the expectation that if I approved I should sign it upon my return. On my return to town,, on the 28th of AiUgust, the letter appeared to me in many respects objectionable, and particularly objectionable on account of that passage, and I stated that to my colleague, who- consented to withdraw the letter and to have it re-written without that, and some other passages, in order that I might be enabled to sign it, that we might make an unanimous application for relief to the Government ; and it w as withdrawn and re-written, to save time, with a good deal of haste, and 1 believe that both myself and my colleague signed it in the belief that that passage had been struck out» The next answer to which I wish to refer is the Answer to Question 12,1 ; I was asked, "When was it, according to the construction you place upon the pro- viso in the third section, that the law was violated, inasmuch as at the end of the year the total amount borrowed exceeded one-third of the amount which accrued to the emigration fund in the course of the year" ? I wish to add to the answer to that question,, that by the amended Act, when any money advanced from either fund in aid of the other; shall be required for the purposes of the fund by which the advance is made, the commissioners are to borrow, in addition to the money they are authorized to borrow by the first Act, money to replace such advance. Early in that year' the money borrowed from the emigration fund was required for emigration, and we violated the spirit of the Act when we stopped emigra- tion, instead of raising a loan to replace the emigration fund. 309. You stated in your last examination, in answer to Question 1 86, that you ct}uld furnish to the Committee the supplementary instructions addressed to Colonel Gawler. Have you them now with you?— I have; this is the letter to Colonel Gawler, of the 10th of May 1839. Colonel Robert- Torrmi. I III I a March 1841. 0;21. [The Witness read the same, as follows :] 34 MINUTES OF EVIDENCE TAKEN BEFORE THE Colonel iZofiefjfc Tarrens. a March 1841. (No. 34.)— Land Surveying Staffi South Austrdi^in CdoiwzatiQn.offi6% Adelphi Terrac^,. Sir, 10 May 1839. , Mr. Kingston's letter of the 27th of October announces his resignation of the office of * dejnity-surveyor, and states the circumstances which led thereto, on which, in the absence of your report, the commissioners abstain from maJting any nemark. Lieutenant Frome, the new surveyor-general, who sails m the Recovery, is accompanied by a detachment of 15 sappers and miners. Immediately- on receiving- the ifesignationr of the greater part of the officers of the old surveying staff. Colonel Torrens, in a letter of the 2d of December, reques,ted yowtia organize a new staff, taking care, however, that the arrangement should be regarded as only provisional and temporary, in order that it might be left open to the Board to make other arrangements if they should appear necessary. In my letter -of the 4th of Jauuaiy, "No. 2, Land,!' the resignation of the surveyors was fully accepted ;, aind after careful deliberation it was determined by the Board that, the new staff should be composed almost entirely of men who, being subject to military; control, would not have it in their power to throw up their appointments at a time p.err, haps when their services were most required. The sappers and miners have been selected with this view, and although few of them have had much practice in surveying,. Lieutenant Frpme is. ponftdent that, they can in a very short time be trained for the service. A few days ago, after the formation of a military surveying staff had been completed, ' and- when the staff was about to embark, the commissioners learned from the South Aus- tralian papers (for, as already stated, none of yoUr' despatches have as yet been received) ' that several of Colonel Light's assistant-sucveyors were on the resignation of Mr. Kingston' reinstated in office, but this fact does raot,. in the opinion of the Board, create any obstacle; to, the arrangement •yvhich had been adopted. By withdrawing themselves without notice: from the surveying staff, and more especially by retaining , for a time the, instruments and field books, and. thus doing their best to thwart the intentions of the commissioners, these gentlemen have, in the opinion of the Board, 'forfeited all claim to' consideration ; and the eommissionei-s' request that, on the arrival bf ' Lieutenant Frome, the surveying staff shall- be considered as consisting solely of Lieutenant Frome, and the sappers and miners who accompany him ; nevertheless, you will be at liberty to increase the staff within the hmitsB prescribed by my letter to Lieutenant Frome of the 12th of March (enclosed),) by adding, to it any individual whom Lieutenant Frome may recommend as necessary to the more efficient execution of the work. The enclosed copy of the letter of the 12th of March is the one iappointing Lieutenant' Frome to. the office of surveyorrgeneral. From this you will observe that part of Mr. Frome'Si remuneration will depend on the sales of land^ and that part of the remuneration of the ^ officers of the survey will depend on the. quantity of land surveyed, such additional re~ muneration in either case being apportioned by the Board in England, and not beino- payable to any one who, on the receipt in the colony of the order of payment, shall have qiiitted the survey, unless such withdrawal be after a year's notice. " ■ You will observe, that with a surveying staff about equal to Colonel Light's, Lieutenant ■ Frome estimates he shall be able to make an accurate survey, complete iu every respect of 420,000 acres per annum. He -is not to be understood as haying contracted to survey this quantity of land ; but as his estiinate was made after matufe deliberation, and with a knowledge of all the facts of the case (except^ that which can only be obtaiiied from actual experience in a new coun%), and as his salary was determined in the expectation that his ' estimate would be realized. Lieutenant Frome is considered, both by the commissioners and himself, responsible for efifebting a survey to the estimated extent, unless serious and unioreseen oimculties should anse. The commissioners feel assured that you wiUsee the great impottanc® of strenarthenins. by every possible means, the feeling of responsibility thus created. . With this liew thev have adopted^Lieutenaut Frome s. recommendation ia all the arrangements, which have been made They have ordered whatever mstruments he considered necessary, and have left the selection of the sappers and mmers entirely with him. With the same view, the commis- sioners are desirous that Lieutenant Frome's wishes should be consulted in all the arran^e^ ments^ which may be made m the colony and that no appointments to the surveying staff should be made except on his recommendation* ■^ ^ - of the'lSv^ys.' ^^"^"'''" ^''^^""^y ""'^^ ^^ §^^"" forithe necessary disbursements on account The commissioners request that you will arrange with Lieutenant, Frome an allowance im money to the officers as well as to the men inlieu of rations. «i"owd.uce v^ They also request that you will authorize Lieutenant Frome to make arrane-pmpn+a fnr- the^better preservation and repair of the surveying in^ruments. Lieuterarir^r^fsu^! gests that when an mstruipent is injured, at least part, of the cost of its repSr shoufcL devolve on the party who had charge of it,, should the injury appear to havSen from neglect or improper u^e, an arrangement 6f Which the Board approves dek^^w^rr^g^^^^^ . — •"' '- ■ ' -■■ . .., ,. , •:. ■. .', -Ihave, &c. (signed) Rowland Hill. SELECT COMMITTEE ON SOUTH AUSTRALIA. 35 . 310. Mr. Raikes Currie.'] Are the Committee to understand that that contains the first communications upon the subject after the letter of the 2d of November 1838?— Yes. 311. Five months had elapsed? — Yes. 312. Chairman.] Is there any other passage in your former examination that you wish to give any explanation of? — I wish to add to the answer I gave to Question 206, that Colonel Gawler in sfeveral of his despatches stated that his authorized expenditure was insufficient, and we should have been prepared for a moderate excess of drawing over and above his authorized expenditure. 313. Does that despatch which you have now read, dated the 10th of May I-839, contain the whole of the iSapJilemental instructions to which yOu referred in your former examinations as having restricted Colonel Gawler in the amount of expenditure he was to incur in respect of surveys ? — Yes. 314. Then the letters of the 2d of December 1838 and the 10th of May 1839, comprise the whole authority under which Colonel Gawler has acted upon this subject ? — I do not remember any other than those. 315. Does that letter contain any precise amount which Colonel Gawler was not to exceed in drawing upon the commissioners ?— No ; but the expense of Lieut. Frome's staff was distinctly Statedi 316. You mean, that the expense of Lieut. Frome's staff having been distiftetly stated, Colonel Gawler was instructed not to employ any other surveyors than that staff?— Yes. 317. Does not that letter relate exclusively to surveys? — Yes. - 318. Have not the bills drawn by 'Colondl Gawler reference to mai^'other sub' jects besides surveys ? — Certainly. 319. Were there any other restrictions which Colonel Gawler was subject to, with respect to public buildings, and -police, and other heads of expenditure, which he might think advantageous to the colony, beyond those contained in the letter of the 2d of December 1838 ? — No; Colonel Gawler had authority to expend to a certain amount. He was limited to certain expenses, as stated in the printed papers. The limitation of his expenditure was fixed ; but with respect to surveys, we gave him unlimited power to expend money in re-organizing the survey, so as to make it efficient, and that unlimited power was withdrawn by the letter I have read. 320. You mean that the only point upOn which Colonel Gawler had not express instructions as to the amount he was to expend, was as to surveys ; and you say that as.to surveys, a restriction was imposed upon himby the letter of the lothof Mav 1839? — Colonel Gawler had general instructions not to exceed certain amounts, and it was not necessary, therefore, to curtail him, because his instructions curtailed him. But in this case he had special authority to use his own discretion with respect to the expenditure, and that discretion was withdrawn by that letter of the 10th of May 1839. 321. Do those general instructions to which you have referred expressly restrict Colonel Gawlei' as to the amount of his expenditure ? — They do. They are in the Third Annual Report. Those are the instructions prepared by the Audit Office, and approved by the Lords of the Treasury. 322. At what page of the Third Annual Report are those instructions to be found r-^-Page 43, No. 14, in the Appendix, the Instructions to the resident com- missioner respecting the expenditure of the public money. The whole of his first instructions are contained here. In case of famine he had an unlimited power. 323. Mr. Hope.] In the Second Report there are instructions given to the first resident commissioner, Mr. Fisher; do you consider that Colonel Gawler was in any way bound or affected by those instructions ? — Colonel Gawler had' many fresh instructions, which may have limited that very mUch ; but I have got here the entire of the financial letters that have been despatched to Colonel Gawler (^pro- ducing the same). There are many special instructions respecting experiditure. contained here upon particular points. 324. Chairman.] In paragraph g of the Instructions addressed to Colonet Gawler, at page 43, in the Third Annual Report, there is this instruction : " You are not to direct the execution of any public works, whether buildings, roads, bridges, canals, &c., without plans and detailed estimates of the whole expense being first submitted to the colonization commissioners, and approved by them ; tieither are you to incur any expense of a special or extraordinary nature without their previous authority, exceptin cases of the most pressing emergency, when such ■ 0.21, p 2 previous Colonel Robert Tdrrehs. 2 March 1841. 36 MINUTES OF EVIDENCE TAKEN BEFORE THE •Colonel ^bert Torret^. t March 1841,. previous authority cannot be obtained without serious injury to the public service. In every. such case, you will make a full report of all the circumstances to the colonization commissioners, and the date and number of such communication are to be specified in the warrants for payment." Do you conceive that a case of the most pressihg emergency did exist to authorize the excessive drafts drawn by ,Golonel Gawler on the commissioners? — ^Not that I am aware of. 325. Do ycu think, from the explanation you have received from hira, that he acted in the spirit of that instruction ? — No ; Ithink he exceeded it very much. 326. And there was no subsequent qualification of that instruction ? — No. He was authorized to build a wharf, and to build a government-house, and to do certain specific things; but except for some specific object^ -such as building the government-house and that wharf, he had no authority to go beyond that instruc- tion. 327. In those cases, had he previously complied with this instruction by sub- >mitting plans and estimates to the commissioners? — No; he commenced the government-house long before he got authority, but we sanctioned it. 328. Mr. Raikes Currie.'] To the amount of 25,162 /. ? — Yes. 329. Chairman.'] When did you first receive an, account of the expenditure incurred by Colonel Gawler with respect to the government-house without your previous sanction ? — Lforget the date of his letter to us. 330. When did you sanction that expenditure ? — I do not remember the date exactly. Jovis, 4° die Martii, 1841. MEMBERS PRESENT. Captain A'Court. Lord Eliot. Lord Fitzalan. Mr.W. E. Gladstone. Sir George Grey. Mr. G. Hope. Lord Hovvick. Lord Mahon. Mr. Parker. Mr. Vernon Smith. Lord Stanley. Mr. G. Wood,. The Right Hon. Sir GEORGE GREY, Bart, in the Chair. Rigbt. Hon. Chancellor of the Exchequer. 4 March 1841. The Right Hon. the Chancellor of the Exchequer^ Examined. 331, Chairman:] CAN you state to the Committee the nature, of the com- munication that passed between yom-self and the governor of the Bank relative to the proposed loan for the colony of South Austraha?— I will give the Com- mittee copies of the official papers that passed between us; but as part of the Jiegotiation took place in private correspondence, and part in personal commu- nication, I thought it was better that I should make itin the shape of a state- ment, than merely by producing the papers. About the close of the month of November in last year, the South AustraUan Commissioners came to me statins 4;hat they were utterly unable to raise a loan, which the Government had sanctioned them m raising, and they m conversation suggested to me different courses, with a view of taking my opinion which was most eligible in order to obtain the money. Among the courses which they suggested was that nf Z advance from the Bank. We considered the diffLnrsugge^^^^^^^^ -commended them to apply to the Bank, and they concurred in that recommen- dation. I desired them to go, to the Bank, to see the governor or denuSr governor of the Bank before they made any official represeStatiou, to a«cS .from them whether It was likely to be acceded to; and with reference to Se guarantee, I desired them to refer the governor to me, as the whole of S^ communication upon that point would take place between me and the BanlT I mentioned to them the answer I should give the Bank if they asked me whether I considered the advance necessary for the pubhc service. On the s^h <)f November I saw the deputy governor of the Bank, and I had a note from him. SELECT COMMITTEE ON SOUTH AUSTRALIA. 37 him communicating to me a popy of an application from the South Australian Commissioners for an advance ; I mention this application, though it was worded incorrectly, and was obliged to be withdrawn by the South Australian Commis- sioners, Some private verbal communication took place of no very great import- ance between me and the deputy governor. And on November the 30th I saw him, -and we arranged the mode in which we should make the communication to him to bring, it before the committee of the treasury of the Bank. The Com- mittee are aware that the mode of carrying on the transactions of the Bank is, that the governor and deputy governor, may go to a certain extent, but they -have a council called the committee of the treasury, and they do not go beyond a certain limit without consulting the committee of the treasury, and the deputy -governor thought that in this case he could not authorize any advance without ■consulting and having the approbation of the committee of the treasury. It was arranged that I should write him a private letter, which would state the whole case to him, and that he should take the opinion of the committee of the •treasury upon it. This is a private letter, but at the same time, as it was intended that he might use it with the committee of the treasury, there can be no objec- -tion to my reading it to the Committee : — " November 30. My dear Sir, I have lost no time in seeing the Commissioners for Emigration on the subject of your conversation this morning, viz. the advance to them on account of the colony fof South Australia. The case stands thus : bills to a large amount are either due or expected to arrive in this country before the meeting of Parliament. The commissioners have no means to provide for their demands, except the power of raising a loan under an Act of Parliament ; with respect to this loan, in the present state of the finances of the colony, it was clear that no money could be raised without some guarantee from the Home Government. In these -circumstances, after much consideration, and adverting not only to the hard- ship which individuals might suffer, but more especially to the state of utter confusion and anarchy in which the population of the colony would be thrown, Jf at once they were to be informed that there existed no funds for the pay- ment of the necessary expenses of a government, it was decided that a helping hand should be held out to the colony in their present difficulty, while for the future precautions should be taken for setting right the financial administra- tion, over which, as you are aware, the Home Government has at present no control. To meet these two points it was proposed, 1st, immediately on the meeting of Parhament, to appoint a committee before whom the whole finan* •cial state of the colony should be fully laid, and to whom measures should be recommended for the security of the public faith of the colony and the future regulation of the finances. 2d, A loan should be raised to meet the clemands which pressed, under the check of the Treasury, and as it could not be raised on the security of the colony, a guarantee should be given by the Home Government to recommend to Parliament measures for securing the pay- ment of interest. I have not the official paper which expresses the extent of the guarantee at hand. As you are aware the proposal for raising a loan has failed, and after communication with me, and with my sanction, the commissioners saw you with the view of obtaining a temporary advance from the Bank. Lest there be any mistake, I will state what I thought might be done, and how far I am inchned to recommend the step. What I apprehend the commissioners to apply for is, that the Bank should from time to time advance them funds to meet the demands upon them, such advances to be repaid on the raising the loan contemplated. 1 apprehend that by their Act the commissioners may jgive their bond as a security. As to whether such an advance should be made, I should say this, if the Bank are of an opinion that such an advance would be injurious to the measures which they may feel it necessary to take with refer- ence to the circulation and their own security, I certainly should not for a moment recommend that it should be done, and so I have informed the com- missioners ; but if there be no such objection, then I shall have no difficulty in stating, that I think it will be for the public service that the advance should be , jnade, and I shall consider myself bound to see that the interest is properly paid, and provision duly made for the repayment. I have written this ex- planation privately to you, in order that you should consider how far the Bank may be inclined to meet the application of the commissioners, and tp save {which is always inconvenient on both sides) a public letter on my part and a refusal on the part of the Bank ; of course I shall be prepared to write pub. 0.21. F 3 holy. Right Hon. Chancellor of the Exchequer. 4 March 1841. 38 MINUTES OF EVIDENCE TAKEN BEFORE THE 'Right Hon. 'Chancellor of the Exchequer. •4 March 1841. licly, and the commissioners will apply officially. The letter which you trans- mitted to me, though substantially correct, appears capable of improvement in point of form. I mean,' I thittk it better 1 'should speak for myself what I have to say, although they may do it quiteas weU." They had, contrary to my instructions, stated that the ChanceUor of the Exchequer had authorized them to say that he would sanction the guarantee ; and I wished it -to be distinctly understood,- that whatever passed should pass between me andthe Bank. In answer to that I received a note from the Bank, dated December 21st, from ^r Henry Pelly, in which he stated to me, that the committee of the treasury had resolved "' that an advance be made upon a letter of guarantee from the ChanceUor of the Exchequer, engaging to repay the principal and interest within six months after such advance shaU be made." This was a private com- munication, in answer to a private letter of mine, which was written toascertain their opinions. I am sorry I have not got my answer to this letter ; I answered it late at night, and have no copy ; but the answer I gave was this, that they must he perfectly aware that if those were the words in which they intended I should frame the letter, it was impossible for me to give a guarantee engaging to repay the principal and interest at all, much less engaging to repay the prin- cipal and interest in six months. That all I cdUld possibly do was to engage myself to recommend to Parliament certain measures, and that if they insisted -upon any letter being written in those words, I should consider that as' a civil refusal, and that they did not intend to do it. Subsequently the deputy governor called upon me to say, that the wording was not a point upon which he thought there would be any objection, provided I wrote a satisfactory letter ; at lea$t, that was the impression I received from his communication, that, provided I ;wrote a satisfactory letter, there would be no objection to make the advance. 332. liord' Stanley.'} Was that communication verbal ? — Veirbail, leaving the- impression upon my mind, that it was time to make an official communication. In consequence, an official letter from the Commissioners -to the Bank was sent to me, and I- will read it in its corrected shape ; it is' dated the 26th of Novem- ber, which was the date when it was originally sent in ; the 7th of December was the date when it was corrected. " Gentlemen, — With reference to our ■interview with some members of your Board this day, and to ' the desiite 'expressed by the deputy governor, that we should communicate our wishes in '-writing, we beg to state that, not having been able at the present moment to •obtain the South Australian Revenue Loan which we are authorized by Aetdf Parliament to raise^ we have received permission fromthe Chancellor of the Exchequer to communicate with you on the subject, for the purpose of ascer- taining whether you will be willing to afford to the South Austrd,lian Commis- sion a temporary accommodation, to be repaid as soon as the proposed loan shall have been raised. The amount of the accommodation required is 40,0007. ■immediately, 10,000/. in December, 20,000?. in January,' and 20,000 ?. in February. For the nature and extent of the security which Her Majestj^'s Government will enable us to offer for the repayment of the advances which we have applied for, we have permission to refer you to the Chancellor of the Exchequer.— We have the honour to be, &c., Robt. Torrens, Edward E. Vmiers." 333. Mr. Gladstme.'] Had that amount of 90,000/. been determined upon in conversation between yourself and the commissioners ?— I cannot exactly say ■when it was determined between me and the commissioners. I have no doubt it was checked by the Treasury, but I do not know whether I checked it myself or not. •' 334. Lord Stanley.'] Was this a letter, corrected under your direction, and sent to the committee of the treasury of the Bank ?— Not exactly so The original letter was sent in without my seeing the letter at aU. In that original letter, instead of saying, as I had requested them to do, "That as to the nJture ■and extent of the secunty they begged to refer the Bank to me," they had said, "We are authorized by the Chancellor of the Exchequer to state so and so-" _|3J- And tUs corrected letter was substituted iu accordancewith ™nr wish-! 'X tits* IL Wao* ■ 33^. By SELECT COMMITTEE ON SOUTH AUSTRALIA. 39 336*. By. "whom was that letter transmitted to the Bank? — By those wh® signed it, by the commissioners. 337. Ghairman.'] And it was transmitted by the Bank to you ? — It was, with a letter which I am about to read. This letter is dated " Bank of England, 7th -December 1840. Sir, I have the honour to enclose copy of a letter received from the Colonization' Commissioners for South Australia, and understanding that the advance is required for the pubUc service, the Bank will be disposed to afford the accommodation, provided the security which they state Her Majesty's^ Government will enable them to > offer, and which they have applied for j be satisfactory." Then in answer to thatj, this letter, which is dated the 9th of December, was sent: " Sir, I have to acknowledge the receipt of your letter of the.' 7th. instant, enclosing a copy of an application: from the South AustraUan- Commissioners for an advance ;, the ■ commissioners have correctly stated that this application was made to you with my concurrence, being of opinion that- such advance will be; for the public service, if it can be made in a manner not injurious to those interests more peculiarly entrusted to the care of the Bank. With respect to the security, the Bank will be perfectly aware that I have no legal power to give any guarantee; at the same time I have no difficulty in stating that it is the intention of Her Majesty's Government to bring, the subject of the condition, of tha settlement of South Australia; before Parliament at the earliest period; The financial condition of the colony will require the most immediate attention ; and on recommending, measures in order to remedy the present difficulties anid secure proper arrangements for the &1xirie. Her Majesty's Government will certainly consider themselves bound to recommend and to advocate a provision for the early repayment of the advances made by the Bank." That is? an official letter; in answer to that letter the governor and deputy governor called upon me to state that that letter did not seem, satisfactory to the committee of the treasury. Perhaps, aS' a paper was put into my hands at; the time, I had better read that, as the substance of the con^, versation :-^" That if by the letter of the 9th instant, it is understood that the Government undertake to propose to Parliament, and to support a guarantee of a loan, for 200,000 I., out of which- the Bank should be paid (independent of any recommendation of a Committee of the House of Commons), then the BankwiH be ready to make the proposed? advance." That is the paper that, was put into- my hands at the time ; a good deal of conversation took place, and in that con- versation the two points that, ,they took were, first, that they wished me, as I understood, to give them an assurance, that whatever the recommendation of a Committee might, be, even if the Committee were ■■ to recommend a different course^ still I should pledge myself to carry the arrangement through. And the, next was, that they had some doubts with regard to the timejof repayment. With, regard to the first point, I told them that it seemed to me there could be no doubt as to the repayment of the money; that whatever opinion might be enter-, tained of the conduct of the minister who had made the, pledge, I felt sure that.there would, be no difficulty whatever in keeping faith with the Bank, if the- advance was made ; but that, as it was thought advisable to Jay the whole case before a Committee, in order that it might be fully considered, I did not think it advisable to state upon paper,.. or in any way to give them a pledge, that I would act contrary to the recommendation of a Committee ; because, of course,, the Committee would say, If you. have pledged yourself to take a particular step,, what is the use of bringing |)efore us the case at all ? and, therefore, under the impression that it would be a very unwise step, I should decline making them any such pledge as they wished me to make. With regard to the time, I called their attention to the statement in my letter, that I plgdged myself to an early, repayment .of the advances made by the Bank. And in answer to the question, what was meant by an eaxlj repayment, I gave them to understand that I con- sidered that the money ought to be repaid them before the termination of the Session of Parliament. I believe that to be a correct statement of what passed. There was considerable conversation, and I did not give them an immediate answer, but took their paper with me, and told them I would answer them after seeing Lord Melbourne. 338, Do you know the date of that interview ? — I have not got the date of the interview, but it must have been between the 9th and the 11th. My official letter is on the 9th. I wrote a letter on the i 1th stating that I had 0.^1. F 4 * communicated Right Hon. Chancellor of the Exckeqteer. -f March 1841. 4. March 1841. 40 MINUTES OF EVIDENCE TAKEN BEFORE THE Right Hon. communicated with Lord Melbourne upon the subject of our conversatibn, and Chancellor of the. ^e were of Opinion that the original letter went far enough, and required no^ Exchequer. alteration. Subsequently to that, I had a private letter from Su- Henry Felly, suggesting the leaving out some words. I told him I thought that the leaving out those words might lead to the supposition that a change had been made ; that: I could not make an alteration of words which appeared to effect a change when I did not reaUy mean to make any. There were some words the removal of which he thought might be advantageous. 339., Mr. Gladstone:] What words were they ; were they material words / — I can state what the words were : " With respect to the security, the Bank will: be perfectly aware that I have no legal power to give any guarantee ; at the same time I have no difficulty in stating"— then it was proposed to leave out; all the words stating that we intended to bring the subject before the House of Commons at an early period, and simply to state, that Her Majesty's Govern^ ment " will certainly consider themselves bound to recommend and to advocate-, a provision for the early repayment of the advances made by the Bank." 340. Chairman.'] Leaving out all the words having reference to bringing it. before a Committee ?— To bringing it. before Parliament; and my answer was. this : " The letter had better stand as it does ; I. cannot, make an alteration' which appears to effect a change, where I do not really mean to make any.. Of course the discretion of the Bank, in giving or refusing the accommodation^ I do not give any opinion on. But if all. other objections are removed, I must: say that 1 do not understand how the doubt as to repayment could be removed by the change in the particular words." That was a private suggestion of Sic Henry Pelly. 341 . Mr. Wood.'] Will you have the goodness to read the words which were proposed to be left out ? — "At the same time I have no difficulty in stating" — that was to be left in ; and here come the words that were proposed to be left' out — "that it is the intention of Her Majesty's Government to bring the sub- ject of the condition of the settlement of South Australia before Parliament at the earliest: period. The financial condition of the colony will require the* most immediate attention; and in recommending measures in order to remedy- the present difficulties, and secure proper arrangements for the future," — so- far was to be omitted; then here come the words which are wished to be kept in, — " Her Majesty's Government wiU certainly consider themselves bound to- recommend and to advocate a provision for the early repayment of the advances made by the Bank." 342. Mr. Gladstone.'] Did you intimate to the governor and deputy governor of the Bank that the recommendation to guarantee the loan would be' submitted' to a Committee of the House of Commons ?— I intimated to the governor of the Bank that, in appointing a Committee, the Government would recommend to the Committee the measures which they thought necessary for setting the finances of the colony upon a proper footing ; I so stated it in my first letter. There were three points which I thought necessary when the case was brought' before me. First, that I should ascertain the real state of the finances of the colony ; and for the purpose, of doing that, Mr. Parker was appointed to look into it; The next was, that some security should be taken for the futurp ■ and as it was a colony over which Parliament had more peculiar authoTity and with which the Government had no power to interfere without goine toPar-' liament, it was thought advisable that the whole case should be laid before Parhament m the way in which we thought it was most likely to receive atten- tion, namely, before a Committee. The third was, that between the time when any pubhc advance was made, and the time when Parliament should devise anv" proper measures for remedying the inconveniences, that the Treasury should" have a complete check over the spending of the money. 343- Lord Stanley.] Does not the objection which the Bank of England seem to. have taken to the advance, rest upon mixing up in the same Parliamentary - SrZol n TT °/ '^' ^7«dy required bjrthe constitutional difficultlel of the colony and the advance of money tb meet the financial crisis J-F would rather not answer for the objections felt by the Bank. The governorand deputy governor would answer that question. Looking into these DanersT oln not understand that the Bank could have any real douM as to reply^^^^^^^^ 344. When SELECT COMMITTEE ON SOUTH AUSTRALIA. 41 344. When you look back to the first letter, the private letter which you read, does not that private letter appear to separate, in the view of the Government, those two points, namely, the advance of money to meet the difficulties of the colony, and the inquiry into the state of the colony, which was to be submitted to Parliament ? — I will read the words : " To meet these two points, it was pro- iposed, first, immediately on the meeting of Parliament to appoint a Committee, before whom the whole financial state of the colony should be fully laid, and by whom measures should be recommended for the security of the public faith of the colony, and the future regulation of the finances ; secondly, that a loan should be raised to meet the demands which pressed, under the check of the Treasury ; and as it could not be raised on the security of the colony, a guarantee should be given by the Home Government to recommend to Par- liament measures for securing the payment on interest." 345. Lord Eliot.'] In the Treasury Minute of the 3d of November, the Lords of the Treasury propose " to authorize the commissioners to give an assurance to the parties who may be disposed to contract for this loan, that Her Majesty's Government will undertake to recommend to Parliament, that notwithstanding any new arrangements that may be made in regard to the government of the settlement of South Australia, or to the past or future proceedings of the commissioners, provision shall be made for the due fulfilment of the contract with the lenders, and of any stipulations under which the money may be advanced." In that Minute it does not appear that any reference is made to any intention to submit that part of the question to the consideration of a Com- mittee of the House of Commons ; what induced you to alter that intention, and to make that stipulation, that that part of the question should be submitted to the consideration of a Committee ? — I do not understand that they are in the slightest degree inconsistent. In both cases the guarantee was as strong and as marked as it was possible for me to frame a guarantee. I considered that the Government was as much pledged as a Government could pledge itself in either case ; and I should have considered myself as much bound to have seen that the parties were paid, or that the Bank was repaid its advance, as I was bound by any other promise I could possibly make on the part of the Govern- ment. But I did not consider that it was at aU inconsistent with that pledge to state, that in bringing the measure immediately before the House of Commons I might think it more advisable to bring it before a Committee, with the view of its being more carefully and more quietly considered in Committee, than it could possibly be in the House of Commons, with a mass of papers. In any conversation that I had with the Bank, I never represented that by going to a Committee I wished to shrink from the responsibility of recommending the re- payment, but I proposed that as the best practical mode of bringing forward the recommendation of Government before the Legislature. 346. Does not it appear, that if you had offered to the Bank the same terms which you authorized the commissioners to offer to any loan contractors who might have been disposed to advance the money, these difficulties would not have arisen ? — ^The Bank wished me to promise repayment by raising a loan for 200,000?. ; there was no necessity for me to promise the Bank that they should be repaid by any particular measure whatever ; the only concern of the Bank was to be repaid ; I might repay them by a loan, or by a grant, or by any other measure ; if I promised to repay them, I had done all in my power. 347. Mr. Wood^ Supposing the Bank to have acceded to your proposal, and made a loan in the terms stated in the public letter, and that, upon a reference of the subject to a Committee, that Committee, in their Report, had not made, any reference to the question of the loan, giving no opinion as to its propriety or otherwise, what would then have been the course pursued by the Govern- ment in consequence of that guarantee ; would they have recommended to Parliament to repay to the Bank the money they had so advanced ? — It is diffi- cult for me to speak on the part of the Government under circumstances which have not actually occurred, but if you ask me individually, as Chancellor of the Exchequer, I have no hesitation in stating, that I can conceive no course taken by a Committee which would relieve me from performing my promise. 348. Mr. Gladstone^] In your view, therefore, the intervention of a Parlia- mentary Committee, which, according to that memorandum, is stated as the great objection of the Bank, could not affect, one way or the other, the obliga- tion which the Government would have undertaken? — Not the least. 0,21. G 349. Mr. Right Hon. Chancellor of the Exchequer. 4 March 1841. 42 MINUTES OF EVIDENCE TAKEN BEFORE THE Right Hon. Chancellor of the Exchequer. 4 March 1 841. 349. Mr. Wood.] According to the usage of the Treasury in communicating with the Bank regarding advances to be made to the public service which are contmgent upon the subsequent approval of Parliament, was there anything in this case diiferent from others ? — This was an extraordinary case, and I never remember a similar case. 350. Mr. Hope.] The date at which you have commenced, in your account of the negotiation, is the time at which the commissioners had failed to raise a loan upon the guarantee offered by the Minute of the 3d of November ? — The date from which I commence my statement is from the time when the commis- sioners came to me and stated to me, that they were unable to raise a loan ; I thought that was what the Committee wished to receive information upon. 351. Can you give any account of the reason why the commissioners were unable to raise a loan upon the Minute of the 5th of November, and Lord John Russell's letter of the same date '-—I had nothing to do with those trans- actions. 352. Mr. Gladstone.] You have stated that in your view the obligation of the Government could not possibly be affected one way or the other by any recommendation that the Committee might make, whether friendly or hostile, and that although you considered that the course which the Com- mittee might take was unimportant to the main question of the obligation of the Government, you notwithstanding felt a very strong objection to stating that expressly at the time ?— I felt the strongest objection to agreeing to that paper which was put into my hands, which not only interfered with the course which I proposed to pursue, of laying the whole of the measure before the Committee, but which pledged me to an actual particular mode of repaying the money they advanced. 353- Did it appear from the conversation that you had with the governor and deputy governor of the Bank, that it was their intention to stand upon that point, and to require that the provision for repayment should be made in a particular form, and by a loan of a particular amount ?■ — The amount was not the subject of discussion, but I pointed out the objection I had to the being bound to a particular measure. I was under the impression, when the governor and deputy governor left me, that they would not have been unwilling to make the advance. I was very much surprised when I found that the Bank had refused to make the advance. 354. Lord Eliot.] Should you not have been pledged to the particular course to which you have just referred, if the Colonization Commissioners had found persons disposed to advance the money in the first instance ? — I should have been bound to guarantee the loan in that case undoubtedly, but I should not by any means have been bound not to have gone to a Committee to have had the advice and opinion of the Committee, or any suggestion that the Committee might have made, and I should not have been bound not to have taken what Government had considered the best mode of investigating the whole case. 355. Mr. Gladstone.] Had you any conversation with the governor and deputy governor upon the particular point of the amount of 200,000 I ?— I do not recollect that anything turned upon the amount. 356. Lord Eliot.] Would it not have been more difficult to you to recom- mend to Parhament to provide for the fulfilment of your contract if a Com- mittee of the House of Commons had not been satisfied with the expediency of the measure ?— I can perfectly understand a Committee of the House of Commons not being satisfied with the expediency of the measure, but I cannot understand a Committee of the House of Commons recommendina; that nublic faith should be broken. ^ &eorge Fife Angas^ Esq. George Fife Angus, Esq. caUed in ; and Examined. 357. Chairmanr] YOU are largely interested in the colony of South Aus trana r — I am. 358. Will you state the nature of the interest which you have in that colony ? --I ^m connected with the South Australian Company as the Chairman of the Board of Directors and have considerable interest in the shares of the com- pany ; besides which, I possess a large extent of land in the colony itself 359. To what extent?— I am interested in about 31,000 acres, inciudina: town acres. I have also mercantUe connexions in the colony, having advanced . capital SELECT COMMITTEE ON SOUTH AUSTRALIA. 43 capital for mercantile houses there without being a partner in any of them. George Fife Angus I transact their business with London. K^q. 360. Lord Eliot.] You were originally a member of the South Australian "" ~~ Commission? — I was one of the first members of the South Austrahan Com- 4 March 1841. mission, and I retired from that Board Under a conviction that the Act of Parliament could not be carried out by the commissioners, unless some col- lateral aid was obtained ; and, perceiving that that aid could not be procured from any other source than through mercantile influence, I felt it my duty, with the concurrence of the commissioners, to endeavour to establish the South Australian Company. I stated the plan to Lord Glenelg at the time ; his Lord- ship approved of it, so did the commissioners, and I made an attempt to carry it into execution. I felt, however, in doing so, that I was placed in an unplea- sant predicament, by reason of my holding a seat at that Board, and being at the same time connected with the South Austrahan Company, who naturally would be purchasers of land. 361. Chairman.'] Was not there an intimation made to you as a commis- sioner from the Colonial Office, that the Government considered the two situa- tions to be incompatible ? —Feeling that to be my position, without it having been intimated to me, either by the commissioners or by the Government, I saw that it was not right, and consequently I called upon Mr. Stephen, at the office of the Under Secretary of State for the Colonies, and stated my difficulties to him. He took time to reflect on the subject, and conferred with Lord Glenelg; I waited on him again in about a fortnight, when he intimated his concurrence with my views, and in the propriety of my tendering my resignation. How- ever, as he thought it was for the interest of the colony that I should remain for a short time longer at the Board, I consequently attended its sittings after my resignation was accepted, for, I think, about two months. I had a com- munication respecting the grounds laid down by Government on the objections to my continuing there as commissioner, and I should be happy to put in that paper, with the permission of the Committee. — [T%e Witness delivered in the Vide Appendix, same.] — I may intimate. that I had purchased no land, either for myself or for (Paper, No. 9), the company, during the period of my remaining a commissioner. The pur- PP* ^97-199- chases were made after I had tendered my resignation, and it had been accepted. 362. When was the South Australian Company first founded ? — On the 22d of January 1836. 36$. Then you were chairman of the company from its original formation ? — I have been chairman of the company from its original formation. 364. What is the object of the company, and what is the nature of the in- terest which it has in the colony ? — The object of the company in the first instance was to assist the commissioners, or rather to co-operate with the commissioners in carrying out the establishment of the colony according to the Act of Parliament. First of all by purchasing a proportion of the land necessary to raise the 35,000 1, which was required by Act of Parhament to constitute the acts of the commissioners legal. The next operation was to pro- vide shipping for the purpose of supplying the colony with the necessary means of planting an institution of that kind in a distant land, also for the purpose of estabhshing a sperm and black whale fishery, because we felt that unless we established a colonial trade, there would be no means of providing employment for the labourers, and if we could not obtain money for the purpose of employing the men on shore as well as at sea, the colony was not likely to progress. We were afraid of a re-action after the first emigrants were placed down in the colony in case they found no employment, and that they would emi- grate to the neighbouring colonies. To meet that difficulty we sent out ships and officers, with the necessary capital for the erection of houses and various other establishments connected with the 'whale fishery and the white fishery, also trawlers and others, with a view of exporting white salt fish to India and China. And in addition to that, having land, which was purchased in the manner I have alluded to, we thought it our duty to cultivate land to the utmost extent of our means ; we considered that the, emigrants generally, especially those who proposed to undertake business, ought to have the means of a circu- lating medium, and consequently we established a bank on the arrival of the first detachment. We sent out coasting vessels, of from 100 to 200 tons, to import provisions from the neighbouring colonies, feeling confident that the 0.21. G 2 emigrants George Fife Angus, emigl 44 MINUTES OF EVIDENCE TAKEN BEFORE THE ■ • - • A.' . Fife Angus, emigrants sent out by the commissioners could not r^se Pf °^^j^?^^^^^^^ Esi ately, and that consequently they would requ^e a s^^^^ besides, we felt that in the establishment of a ^^^^^^^^^y,^^^^^ vessels 4 March .84. ,i,, fl^.^s and herds, therefore the ^f^^ movement th^^^ ^^^ adopted after reaching ^h^ ^^^^^^^^ Diemen's Land and New South Wales. ,f^^^;7;' 'T ..^^ colonists and the a great degree of antipathy m the mmds of t\^.^"™ Nation • yet we felt. Van Diemen's Land people to this new ^f^^P^^^^^"^^^^^^^ we had as a Board of directors, that .t was ^ §^^f J^^^J^ of our Scours, and if to make an experiment m the teeth °f.]^^«/™fy' support, we should be we did not defend ourselves by.providmg means «* JP^'' igio^s. We at the mercy of the neighbouring colonies as to the^^^^^^^ therefore sent vessels to the neighbourhood and imported stocK ^p^^ ^^^^._ ourselves. I am sorry to say, m t^«//^«^^ ,l"'JXs of the navigation v^hich derably from the dangers of the sea and the difficulties °t ^^^J^^^^^ ^^ .^^^^ we had to explore, it being altogether new. They had ^'"^^^^^^ progress and difficulty of exploring the first navigation In the ^"^^ dis'^^^^^^^^^ was made i/the --^^cm «f t^^^^^^^^^ K^k'Semls of r sTuSi WZ liltTrln'fwn :^oss the Blue Mount^^^a^^^^ the rnnv^P of the river Murray. Their location was within a short c^stance 01 me TercolonfrtseTf findS^^^^ to be the case, we urged every effort to obtain ^o'mmtSon with the^, and succeeded From that P-J^ -jj-^^^^^^^^^^ flocks and herds through the interior. Another object was to erect habitations for the coming emigrants. , ^ , - T,r,„ ,.a«5i-fll that we 2,^5. What was the original capital of the company .--The ^^Pf ^^ ^^^^^ have actually called up is 320,000 Z. ; the amount subscribed is 440,000 Z. , there is yet to be called up 58,000 l, making together 600,000 J. 366. What is the number of shares ?-The number of shares, I believe, iamount altogether to 20,000. , ^ ■, . ^ ^^ • j ^i, C567. At what price did the company buy the land for which they paid the first 35,000 /. required by the Act of Parliament ?-The company m fact did not purchase any land of the commissioners. I must explain that. The com- pany did not exist when the remainder of the 35,000 Z. worth of land was obtained. Three individuals joined their capital, for the purpose of purchasing from 9,000/. to 10,000 Z. worth of the original land, which they obtained m common with other purchasers at 12 «. an acre. j . c ^.i, 368. Has the company purchased any considerable quantity of land in fcsouth Australia since its formation ?— Since that period they have purchased, I should think, about 40,000 acres. 369. At what price per acre ?— At 20 «. per acre; there was nothing pur- chased under 20*. an acre, except the original 35,000 Z. worth. 370. Does the company now hold all the land which they have purchased, or have they sold any ?— They have sold part of the land ; not a great deal. 371. Can you state what amount they now hold ?— We had at the last report 168 acres in the town and port of Adelaide, 134 acres of land at the new port, and about 34,000 to 35,000 acres of country land in various districts of South Australia, besides extensive buildings. Stores, and other property. 372. Then the amount of land which has been sold by the company has been only the difference between what you now hold, amounting to about ;36,000 acres, and the 40,000 acres you purchased? — I believe that will be found correct. 373. Can you state at what price they have sold the 4,000 or 5,000 acres which have been parted with ? — I cannot state that. We sold three town lots at a considerable price, I suppose froria 200 Z. to 1,000 Z. an acre, according to the position in which it stood. But one part of the system connected with the land was this : the company felt it to be deeply important to the interests of the new colony to send out a body of farmers, and they laid down this prin- ciple, that farmers should have a lease of lands for 2 1 years, with a power of redemption at a value to be previously agreed upon ; the terms of rent were very low, from 2*. to 5*. or 6*. per acre, and he might redeem the land during any interval of the 21 years. Then we proposed to double the capital; if he took out 200?., we should make it 400 Z., which should be a loan to him, to be SELECT COMMITTEE ON SOUTH AUSTRALIA. 45 be repaid at given periods. It is in that way that we have let, I believe, about George Fife Angas^ 25 or 30 farms on lease ; we have still a large portion of our land unsold. Esq. 374, A large portion of the 36,000 acres is under lease to farmers, upon the r| ~~~ terms you have mentioned?— Yes, a portion of it. , + ^^ ^ ^^' 375. In what condition is the residue? — It is unappropriated, except by the flocks and herds of the company ; the company has some farms of its own, upon which it first made the experiment of cultivation, in order to test the quahty of the land, and to afford encouragement to farmers ; the ' company were much better able to make the experiment than private individuals. In connexion with this subject, I beg to put in a letter which was received a few days ago from two of our farmers, who have been two years in the colony, and have tested the whole thing ; they give a most impartial and interesting state- ment of their proceedings. [The Witness delivered in the same, which is as follows :~\ To the Directors of the South Australian Company, London. Doringo Valley, Oxenberry Farm, Gentlemen, Onkaparingo, South Australia, 2 Sept. 1840. At the request of D. M'Laren, esq. and W. Giles, esq. we give you a statement of ■facts experienced by us since our arrival in this colony ; also our expectations for the future. We landed last 19th December 1839, and on the 25th went and took a view of the land; •which was shown us by Mr. Randell, belonging to the South Australian Company. We made choice of four sections in Doringo Valley, about 22 miles from Adelaide, from which we have an excellent road, except about half a mile, which will in a few months be avoided by a bridge over the Horse-shoe or Onkaparingo River, where the township Nourlunga is begun, about three miles from the sea ■ from whence, by a serpentine course, it runs up to the township, and, by clearing the river of wood, a craft of from 10 to 20 tons might come up : this is about three miles from us, N. W. We have one spring of excellent water flowing above ground all the year, and at other parts of the valley we have got water at from four :io eight feet. We arrived here with our families the 2d day of January 1840, have builtour houses, houses for our men, dairies, outhouses, pigsties, stock-yards, cow-yards, cow-pens, sheep-pens, gardens, and fenced with posts and rails the length of one and a half section ; have sown about eight acres of wheat, four of which we managed after the Devonshire plan, and we must say we never saw better ; the other part is looking well, much better I believe than in England, if managed in the same way as done here ; also 12 acres of barley, Tvhich was finished last week : it is, however, quite colonial, what in England we should call •rough farming, but from having so many things to attend to, and willing to sow as much as possible, we have done it rough, but hope, I)eo volente, the next year, to manage better, as we are fully persuaded in an old proverb " the best is the best still." About one and a half acre potatoes, those above ground, cannot look better ; have finished planting to-day. We have mangel-wurzel seed, and common turnips, with peas, beans, cabbage, carrots, &c. &c. ■all growing and looking remarkably well ; as to the natural grasses, I believe they are much more nutritious than in England, also of a more mild nature, as we have nothing that is strong or rancid in the butter. For want of conveniences to take away the calves, as in England, we have been obliged to rear them with the cows ; besides which rearing and family use, .sold from 10 cows 49 lbs. of butter in seven days, and with three cows made 28 lbs. in seven days. As a proof of the enriching quality of the grass, we took up a pair of steers to work, four months ago, when one turned wicked, and by some hurt which it received, was obliged to be turned away again, but quite poor, and this week we have killed it good enough for ■any market in England. We have some heifers not yet calved, as good as can be shovvn, in quality and fatness. It would be called dangerous to calf so fat in England ; as I have myself known many in England to die in such a state, but here we hear of nothing of this kind. It is a very healthy climate for all sorts of cattle and sheep. Our herd is now 64 head of cattle, one mare and filly. In February 1840 we bought 140 ewes; we have now living 139 ewes (one having died with water in the head) ; also 178 living lambs, having lost about 20 by native dogs and wet weather in the night. We have no doubt but at the end of twelve months we shall count 420 in all. With small flocks and attention, they will lamb twice •in the year. These sheep and cattle are watched by day by our own children ; when we receive the sheep in the evening by tale, and so deliver them in the morning. The cows, &c. we fetch ourselves in the morning, and let two of the boys watch them only by day. Our men are constantly ploughing with oxen, or cutting and getting home wood for fencing or building. We have been jack-of-all-trades, as tradesmen's wages were so extravagantly high, say 15 s. per day for carpenters, bricklayers, &c. &c. We are getting thickly inhabited in this quarter since we came here ; it is beginning to have the appearance of an inhabited country, and I have no doubt but the industry of those who have jised it will be rewarded with a fair profit. Four mile's south of us in the Encounter Bay Road is the township of Willunga, where many men are employed in the slate quarries, which is said to be of an excellent quality. There is yet in this survey much good land unoccupied, as well as unsold, of rich black soil, and at different places veins of limestone, with plenty of wood; and we have no doubt but every experienced and industrious farmer could do much better with his capital here than in England. It is not treating the land or colony 0.21. G 3 *^"^ 46 MINUTES OF EVIDENCE TAKEN BEFORE THE ^eorg.TifiAr,ga., fair to judge of it by the generality of farmers -^jj-^'" ^^ ^^^^YJ^^^^^^^^ TrelfthTv SSr^^^^^^^^^ for^themselves and the colony.also. I find from rpl*Lll7aTmert\ath'e had last year 60 ^-^els of barley per ac^^^^^ «„ci,>v^ T pvpr saw I have seen very good samples of wheat, but m small quantities , nope. tTb Ltt^nnTnforit; a'fter har'veft. Let L practical farmer be disheartened by^ny of those who have yet given the colony a bad name; it is from the navy, army, medical Jnd sSopIeeping faLer! that such reports have gone home ; they ^^P^f ^ ^"^^^/^ J their minds to be rich without having anything to sell ; ^^ ^J^^^, J°^7 °4,*i^^i^T, Xi I wish the land was in better hands, but this must be the work of time We shall be glad to hear of any oflr acquaintance c;)ming in connexion with the South Australian Company. We have, Sec. (signed) Charles Thomas Hewitt, William Colton. 376. Were the payments for the land you sold made in cash or in any- other way ?— Part in cash and part at a long term of credit. We have adopted the principle in selling land, of making the purchase-money payable at an interval of one to five, six, or seven years, so as to allow individuals time to raise the means of pajonent. 377. Have the payments in fact been made, or have you experienced much default in payment ? — We have had no instance of default in any case. 378. What are your latest advices from the colony ?— The letter I have deli- vered in is almost the latest, that is, the 2d of September; the company has. advices up to some day early in October, 379. Lord Stanley.'] You stated that you had sold some town lots at the rate of from 200 I. up to 1,000 1, per acre. What is the largest block which you sold in one lot at that rate ? — I cannot state that. 380. When it has been sold, at what rate has it been sold, by the acre or by the square yard ? — Both ways. 381. What is the largest price for which you have sold land amounting to an acre r — I should say at the new port, some acres have sold as high as • 1,500 /. ; but I should observe that the period of payment was very distant. 382. Chairman^ Was interest to be paid upon the purchase-money in the meantime ? — I believe not, 383. Can you state the period at which payment was to be made ? — I cannot, from recollection, 384. Was it to be by instalments r — By instalments, at so much per annum. 385. How much per annum ? — If it extended over seven years it would be one-seventh. 386. Mr. Wood.~\ In equal annual portions ? — I believe so. 387. What are the usual terms of credit in sales of land? — I think seven years. 388. Is that the longest term? — That is the longest term I am aware of in any instance. 389. Lord Stanley.] An acre of land was sold at the rate of above 200 I. a year, to be paid for in seven years ? — That would be the case. 390. Lord Mahon.] How long was this after the period when the company purchased the land ? — About three years and a half, or four years, since it was paid for. 391. Chairman.] Have you sold land in any other parts of the colony not town land ? — Yes. ' 392. At what rate has average land been sold in other parts of the colony = —I should think not more than 4 I. an acre ; from 3?, to 5 I. an acre may be taken as the general average, 393. The general average at which land, originally purchased at 1 I. or 12* has been sold in the colony ? — ^Yes. '' 394. Lord Stanley.] Was there any difference made in the first purchase between lots contemplated as town lots and country lots ?— Yes, the town lots cost more than that ; some to the extent of 5 ?. or 6 I., or even 14 1. 395. When SELECT COMMITTEE ON SOUTH AUSTRALIA. 47 395. When you originally bought them ?■ — Yes, that being the first cost, they George Fife Angas, were offered at auction afterwards, and the amount, whatever that might be Esq. raised to in the course of the sale, was paid into the emigration fund. ■■ ■- 396. Lord Eliot.'] But the company purchased no land under 1 1. an acre ? — 4 March 1841. No, the company did not ; three individuals purchased preliminary land, in order to form a nucleus for the establishment of the company; and that land, which was bought by the three individuals, and three ships which were purchased by one of the three, were on private account ; they were purchased with this understanding, at least with the; offer on their part, that should the company be established with a subscribed capital amounting to 200,000/., then they agreed to transfer the land, the provisions, stores, and fittings-up of the vessels to the company, at prime cost, that is, without charge of commission or any- thing else, except five per cent, per annum interest for the use of the money. That was the foundation of the South Australian Company : a capital was subscribed ; this land and those ships were transferred to the company, and it thus came at once into operation. 397. Captain A" Court.] After bu3dng that land at 1 1, an acre, you after- wards went into the market and bought land at 6l. or 7 /. ? — I believe the company, in some instances, did purchase at an advance, but not to any great extent. 398. Chairman.] Can you state what amount of the land which you have purchased is under tillage ? — I should think from 200 to 400 acres. 399. Mr. Hope.] Do you mean that you think that there are no more than 200 to 400 acres under tillage in the whole 40,000 acres ? — I mean in the hands of the company ; there is a great deal more in the hands of the farmers. 400. Chairman.] But of the whole 40,000 acres purchased by the company, are you able to state what amount was under tillage at the latest advices ? — I cannot correctly, but the letter I have delivered in will throw great light upon that subject ; this is a report of one farm which may, I think, be fairly appUed to others ; there are from 25 to 30 farms held under the company. 401. Can you state what is the whole amount of land in the colony under tillage ? — About 2,000 acres in the whole colony. 402. Mr. Wood.] Do you think that letter which you have put in from one of the farmers may be considered as a fair average report of the condition of the farms held under your tenure ? — I should say that those men are very supe- rior men : perhaps other farmers may not be expected to produce so good a report. I may observe, that the South Australian Company have received specimens of their grain of various kinds, and have some oats of a very supe- rior production ; the amount of produce is prodigious ; we have the plant itself preserved in a glass case. 403. What is the present population of the colony? — I should say about 14,000, to which should be added the emigrants that have left this country in the interval, after receiving that report. 404. Do you make any deduction on account of emigration from the colony to other colonies in that part J of the world ? — I do not believe any emigration has taken place from South Australia to other colonies, except a few who have gone to New Zealand ; probably from 20 to 25 persons. 405. What is the length of passage between the colony of South Australia and New Zealand ? — About a month. 406. Is there frequent intercourse between them ? — Very seldom ; the South Australian Company has imported two ship-loads of timber from New Zealand for the purposes of building ; there are three steam-vessels in Adelaide now for the purpose of trading with the other colonies, consequently hereafter the passage to New Zealand will be much less. 407. Does the colony grow sufficient grain for its own consumption ? — I beheve, according to the anticipation of the last harvest, which would be due in December last, it would afford grain sufficient for about a sixth or perhaps a fourth of the population, but it is very difficult to make a calculation ©f that kind ; our letters were dated October, and considerable progress had then been made in the spring ; as the growth is very rapid there, the harvest would probably be about December. 408. Did those .accounts which you received, dated October, afford an encouraging prospect as to the coming harvest ? — Very much so ; I have seen one statement that expressed an opinion that there would be 60,000 bushels of 0.21. G 4 grain; 48 MINUTES OF EVIDENCE TAKEN BEFORE THE George life Angas, grain; and if that were so, that would be sufficient for the supply of the Esq. colonists. 409. For what period ?— For the year. 4 March 1841. Therefore, according to that account, the harvest was expected m October to produce a supply sufficient for the whole population of the colony for a twelvemonth ?— That is one statement we have received ; but 1 have given two accounts; one account which states that the supply was expected to be equal to about one-sixth of the consumption, and the other that there wilt be 60,000 bushels, which would be sufficient for the consumption of the whole colony for twelve months ; but I have no means of testing the correctness ot either ; the first statement is from our own manager. 41 1 . Can you state what the deficiency has been in the amount pf corn grown in the colony, as compared with the consumption of the colony, for the last two or three years ?— I cannot do that ; the colonists suffered very serious damage in consequence of the procrastination in the surveys ; so that neither the company nor the emigrants could obtain possession of their lands till last year. 412. Can you state the amount of the importation of com during the last three years ? — I cannot. ' 413. Has it been considerable ?— It has been equal to the consumption of the colony. 414. Have they grown anything like the amount of their consumption, or have they .been obliged to import largely ?— They have been obliged to import largely for the purposes of consumption. 415. Is that likely to continue?— I think not; I expect that next year they will produce more than sufficient for the consumption of the colony. 416. Lord Mahon.'} Is there any official account of the amount of grain im- ported into the colony ?— I believe the customs return will afford that account, but we have no means of knowing it. I can state to a certain extent whence the importation was, for when the colony commenced, the first thing the com- pany did was to import grain and flour, not only from the neighbouring colonies, but from Hamburgh ; they sent out ships every three months with provisions from the Elbe. 417. Chairman.'] What was the price of provisions at the date of your last advices ; was it rising or falling ? — Falling considerably ; it was about one half of what it had been previously quoted at. 418. Can you state the prices of the ordinary articles of consumption? — I believe butchers' meat was as low as 6d. or 7 d. a pound ; but I can get infor^ mation upon that subject if required. 41 g. With regard to what has recently taken place in the non-acceptance and protestation of bills drawn by the governor to a considerable amount, do you conceive that information of that circumstance reaching the colony will be productive of very serious evil ? — I think so ; a very serious evil indeed. 420. Will you state the nature of the evil which you apprehend, and the extent of it ? — In the first place, I conceive that the immediate effect of intellir gence being received of the dishonour of the governor's bills will be, that he will obtain no further credit, consequently he cannot pay the salaries of the officers, and there will be an end of the government, for gentlemen are not expected to work without pay. In the next place, the police will be discharged, and if the pohce be suspended, the property and lives of the inhabitants must of course be greatly endangered. There will be a necessity for the stoppage of the banks ; for the banks cannot expose themselves to an issue of bullion to the extent of the demand in such a crisis. There will be a great panic amongst the inhabitants themselves ; there will be a cessation of trade, excepting in the way of barter ; in fact, it will reduce the colony to a state of barter. Again, if the information we have received be the correct one, as to the harvest of last December being sufficient only for one-sixth of the necessary supply of the colony, then it follows that they must import the deficiency ; and they vdll have no. means of domg this for want of credit ; they wiU have no means in fact of purchasing anything. There will be an end to all employment of labour because there wiU be no means of paying the wages of labour. Another effect likely to follow is, that shepherds, and those who have charge of the flocks and herds in the colony, will of course be discontented without pay; they will become in- different to the charge committed to them, and the flocks and herds are likely to be SELECT COMMITTEE ON SOUTH AUSTRALIA. 49 be dispersed. And what is far worse, I apprehend there will be an emigration George Fife Angus, from the colony. I have reason to know that there is a plan, now forming, in ■'^*^- anticipation of the ruin that is coming upon the colony, for the purpose of T! TT" sending ships to Adelaide, to take away the men who may be sent acWft by the ^ ^ ^^' cessation of employment. In fact, it will be a state of things attended with the most horrible' consequences. What will be, perhaps, more manifest than all, is the feeling of displeasure in the minds of the colonists themselves, at what , they will deem the very cruel course of proceeding that has been adopted towards them, being conscious that they have done their duty ; they have been active, laborious, and assiduous ; and while they have done their duty, they have had no control over the finances of the colony, nor over its government ; and consequently whatever financial difficulty has arisen, it has been beyond their means of control, from measures in which they have not participated, and for which they are not answerable ; under these circumstances, they will naturally feel indignant at the conduct of the mother country, or of the government which has suffered them to be placed in such a distressing situation, I appre- hend that such wiU be the natural consequences resulting from so serious a inatter as a colonial bankruptcy, 42 1 , To what part do you apprehend that the bulk of the inhabitants will emigrate ? — ^They will Emigrate, I think, to Port Phillip in the first instance, or anywhere else where parties choose to send vessels to take them off, 422, Mr, Wood J] Do you consider it probable that the evils which you have been describing will go on increasing in an accelerated ratio the longer the remedy is delayed ? — Clearly so, 423, Chairman.'] When did you first become aware of the financial difficulties of the colony? — On the 10th of September 1840 I was first aware of a bill being refused acceptance ; that was the first time I was aware of. any bills having been refused acceptance. 424, At that date you were made aware that the commissioners had refused payment of a bill, on the ground of their having no assets out of which they could pay it ? — Yes ; on the 15th of September I wrote to the manager of the South Australian Company, informing him of the fact, and stating at the same time that I believed the commissioners would not allow the colony to be destroyed for want of. assistance, and I gave him reason to anticipate that it was a case so clear and manifest, that no government could refuse assistance under such circumstances ; that he must calm the minds of the colonists, and prepare them to expect assistance from the Government; as I did not apprehend that any serious evil would arise, and I told him, that as two months must elapse before the bills would be at maturity, I believed that then they would be all paid. I wrote about five days after I had received intelligence of the first bill having been refused acceptance. 425, After you heard of other bills coming in and being refused upon the same grounds, did you address any further communication to the manager of the South Australian Company in the colony ? — Two days after I wrote to Mr. Maclaren, I addressed the Bank manager to the same purport. On the 23d of that month I wrote to the governor. Colonel Gawler, expressing the same confidence, in order to allay the anxiety which would naturally arise from the intelligence. On the 1 7th of October a memorial was sent to Lord John Russell, from parties interested in the colony, merchants and others, and from the South Australian Company, On the 23d of October I wrote a letter to Colonel Torrens, which might be considered partly private and partly official, respecting the danger that was likely to result from the continuation of that state of things. On the 24th, that is, the next day, I wrote to Lord John Russell, in my own name, fully upon the question, stating in strong terms the danger that would result from delay, and urging immediate assistance, . 426. What, was the nature and extent of the assistance you asked for? — That I left to the Government, It was not for me to dictate to the Government what steps they should take, f 427. You did not state any amount which you thought would be sufficient? , — Not at that time, but a few days afterwards ; on the 23d of November a deputation had the honour of waiting upon Lord John Russell, when the whole case was entered into. Upon that occasion his Lordship was anxious to afford support, and the deputation had reason to beheve that instant assistance would be obtained, I have stated that there was sufficient time if assistance were 0.21, H immediately 50 MINUTES OF EVIDENCE TAKEN BEFORE THE George Fife Angus, immediately given, to meet the bills before they became due, but my greatest ^^'i- anxiety was to prevent their being returned to the colony. j^ 428. Up to the 3d of November, no bill had actually been returned to the 4 arch i»4i. ^^^^^^ protested for non-payment ?— Not any that I am aware of. I can state the day on which the first bill was due. > 429. Lord Mahon.'] Colonel Torrens has stated that the first bill, the accept- ance of which was refused, was presented on the 24th of August, and became due on the 26th of October ? — I have not information of that. I was not aware that any bill had been at maturity at that time. The next day, the 4th of November, Lord John Russell saw another deputation on the same business, and it was understood that assistance would be immediately afforded to the commissioners to pay the drafts at maturity, and to go on with the operations of the Board. On the 9th of November, by the first ship that sailed, I wrote to Colonel Gawler stating the result, naturally expressing a confident hope that all would be well, and desiring that the fears of the colonists might be aUayedj as I had no doubt everything would be right. I also wrote to my own agent in the colony, and stated my opinion that all would go on well. Again, in relation to these bills, I felt the matter to be of such'extreme importance, not merely to myself as an individual, but to the great experiment that had been going on in South Australia, that I sent out to Adelaide a special agent in my own service, to endeavour to allay the anxieties and apprehensions of the colonists. I thought that measure essentially necessary for the well-being of the colony, and for the security of my own personal property. 430. Chairman!] When did he leave England ? — His despatches were given to him iapon the 27th of November. 431. What was the nature of the assistance which, at that interview with Lord John Russell, the deputation pressed upon the Government, and which the Government gave them reason to hope they would receive ? — The nature of the assistance was this ; that as the commissioners had obtained 80,000 I. of the loan of 200,000 1, empowered by Act of Parliament, the Government should guarantee the remainder of the loan of 120,000 I. ; that it could be raised if the Government guaranteed the loan ; 1 20,000 1, at that time was considered sufficient to extricate the colony from all its difficulties. 432. Then you at that time entertained no doubt, but that with a guarantee from Government, the entire money might be raised ? — I was persuaded of it, and at a low rate of interest. 433. Are you aware of a letter addressed a few days after that, by Lord John Russell, upon the 5th of November, to the commissioners, authorizing them to raise a loan of 120,000/., accompanied by such guarantee ? — I am quite aware of it. 434. Are you aware of the failure of the commissioners td raise that loan ?— Yes. 435. Are you able to reconcile that failure with the opinion which you enter- tained of the practicability of raising such a loan?— I can only state my own view. I must have authentic documents to enable me to form a correct iude- ment upon the question, but my opinion is, that there was some misunderstand- mg with respect to the guarantee to be given for the loan. 436. Lord Stanlet/.'] Some misunderstanding on whose part?— I think on the part of the capitalists in the city. 437- Chairmanr\ Did you see the advertisement put forth by the commis- sioners, advertising for the loan ?— I did. ^ commis 438. Did you think the advertisement clearly expressed the nature of the gujantee offered by Government ?~So I thought ; but I understood on Change that there was a great difference of opinion upon the question in the ei^! I refer particularly to one distinct case : I was told by a merchant, that there > was a company which had a large sum of money at its command ukemnloved which was ready to come forward at once with a loan of 120,OOoVat uS^ Pf ««^t provided that ParUament would guarantee the loan Thek deed7f settlement I beheve restricted them to that condition 439- Chairman.] That was an assurance company which was restriotPH frnm I was SELECT COMMITTEE ON SOUTH AUSTRALIA. 51 I was authorized to do so by a Board-minute of the South Australian Company George Fife Angas, on the 27th of November. ^^"I- 442. Was this subsequently to your having ascertained the failure of the ~ commissioners to raise a loan in pursuance of their advertisement ? — -I conceive 4 arc 1 41. it was. 443. They had made no tender within the time fixed in that advertisement? — Not any. 444. Will you read that minute ? — "Resolved, that Mr. Angas be requested to state to the commissioners the company's wish to assist them in their present difficulty, suggesting that the company might be able to raise for them about 50,000 1, on debentures, for six months." I went up with this resolution to the commissioners, and I was met with a note from Colonel Torrens, stating that an arrangement had been made with the Bank of England. , 445. Was that the only oflfer made on the part of the South Australian Company? — The only offer. 446. Are you aware of any other offer made at any time to advance this loan, or any portion of it, without referring to the communication with the Bank ? — I am not aware of any having been made ; I do not think any was made ; because of the misunderstanding in the city as to the nature of the guarantee that was offered. 447. You were not subject yourself to that misapprehension ; you thought the terms of the advertisement exphcit and clear r — Yes ; I had no apprehension myself. 448. But you believe that a misapprehension existed generally in the money market in the city r — I must say that I think there was a very great prejudice in the city against the colony itself. The state of the colony had been very seriously misrepresented ; and I think that had a great deal to do with the diffi- culty in obtaining a loan. 449. Lord Stanlei/.^ W^hen the Australian Company offered to procure .50,000 I. upon debentures, did they offer to do it upon the security of the colonial revenues, or upon the guarantee of the Government ? — ^They would have taken it upon the guarantee of the Government, precisely according to the terms of the advertisement. 450. At what amount of interest did they offer it ? — That was a matter of negotiation. I was empowered to negotiate with the commissioners on that subject. 451. Mr. Parker.'] When you heard of the failure of the negotiation with the Bank of England, did you attempt to renew your offer ? — No ; because the friends who had offered their assistance when I was authorized to nego- tiate with the commissioners, had in the interim, in consequence of my telling them that the loan had been obtained from the Bank of England, invested their money in other securities ; and when I applied to them the second time, the answer was, We were then prepared to go into the thing, but now the money is invested in other securities. 452. Chairman.^ How long was that after they authorized you to make that offer ? — I think it was about the end of December. 453. How soon were you made aware of the failure of the negotiation with the Bank ? — I cannot recollect the day, nor how I got the information. 454. Did you, immediately you knew that the negotiation with the Bank had failed, attempt to procure a renewal of the offer you had before made of 50,000/.? — I did, by application to the individuals who had offered their assistance. 455. Did they assign any other reason for refusing it than that which you have just mentioned, that they had employed the money in some other way ? — Not any other. 456. Mr. Gladstone.] When you went to the commissioners to negotiate the terms, were you empowered to negotiate on the terms of the advertisement ? — I conceive I was, subject to the approval of the Board. 457. With respect to the amount of interest, what was agreed to ? — That was a question to come under consideration ; it would not exceed six per cent. 458. Mr. Vernon Smith.] Do you really believe that if there had been any readiness in the market to undertake such a loan, there would have been any difficulty about the guarantee offered in the advertisement ? — I think there 0.21. H 2 would 52 MINUTES OF EVIDENCE TAKEN BEFORE THE George Fife Angas, would have been no difficulty in that proposal being accepted by t^^^. P'J^JJJ'' li^l- provided there had not existed very great prejudice m the city against tne 4 March 1841. ^^ ^ ^^^ 'Woodl Were there sinister reports afloat in the city regarding the pecuniary condition of the colony, which produced a reluctance to comply with: the terms of the advertisement ?— Yes, very considerable. . . , . , 460. Chairman.^ How long have those sinister reports been in circulation r— Ever since the colony began. . 461 Do you mean to say that the credit of the colony was never good m the city ?— I mean to say that there has been an unceasing prejudice and ani- mosity in the city against South AustraUa from the day it was first estabhshed.; 462. Do you know whether there has always been a difficulty m raising the money which the commissioners were authorized to raise under the Act of Parliament ?— The commissioners have only, I understand, raised two loans, amounting to 80,000/., and those loans were raised in the early history of the colony at a very high premium; the first of 10 per cent., and afterwards reduced to six per cent., at a time when there was not a single pound or a single person in the colony. After the colony became established, if it had not been for this animosity, and these rumours, money might have been raised at four to five per cent. 463. Independently of the cause, do you mean to say that the credit of the colony has always been low in the city ; that a difficulty has always been expe- rienced in raising money upon the revenues of South Australia ? — ^I do not think that the credit of the colony has been low in the city, unconnected with the existence of the prejudice to which I have referred. 464. Irrespective of the cause, do you think that, from whatever cause, there has been an indisposition in the city to lend money on the credit of the reve- nues of South Austraha ? — I think not ; I think that South Australia has stood very high in the commercial world. 465. When did those sinister reports first begin to operate in the city, so as to create an indisposition to lend money on the credit of the colony? — I have already stated that prejudice has existed from the beginning ; but latterly I conceive it originated in the information having been received of the large expenditure of Colonel Gawler ; that was the origin of the last rumour. 466. You think that notwithstanding the prejudices which exist in the city against the colony, there would have been no indisposition, prior to the accounts reaching this country of this excessive expenditure, to advance money on the security of the colony ? — I think not ; but, that is a question of which I can form only a very loose opinion. 467. Mr. Wood.^ When intelligence arrived in this country of the amount of expenditure going on in the colony, which produced, as you have said, a feel- ing of distrust which had not previously existed in the city, were those feelings of distrust created by an apprehension that the expenditure might embarrass the local government there in its financial operations, in conse- quence of not having the means of meeting the expenditure that was going on ?— Not in the minds of sensible and thoughtful men, but clearly in the minds of men in general, who were more influenced by prejudice and current reports, than by a minute investigation into the state of the colony. 468. Chairman.'] Do you mean that the account of that excessive expendi- ture created no uneasiness in your own mind as to the effects upon the credit of the colony ?— Not any. From the high opinion I entertained of Colonel Gawler's sound judgment and discretion, my notion was that he had taken the right course, and that he had incurred an extraordinary expenditure in the critical position of the colony, arising chiefly from its unexampled increase of prosperity. ' 469. Were you aware not only of the excessive expenditure, but also of the actual resources m the hands of the commissioners to meet those bills as they ' came in ?— I was not aware of the resources of the commissioners to meet those bills. I knew that there was a very large amount of emigration fund I con- ceived about 80,000/., but I had no access to the books of the commissioners, consequently I could not tell what their resources were ; but I supposed that they ought to have resources in hand to a large amount, not only fi-om the revenue of the colony, but from the large sums that had been paid into the emigration fund. I conceived, therefore, as the last Act authorized them to borrow SELECT COMMITTEE ON SOUTH AUSTRALIA. 53 borrow from the emigration fund, that they ought to have had sufficient means George Fife Angas, to meet those drafts. ^ Esq. 470. Have you had any advices from the colony with respect to that exces- '■ — sive expenditure, so as to enable you to form an opinion whether it was likely ^ March 1841. to continue at the same rate up to the time when Colonel Gawler received instructions from home, stopping it ? — The company have received a commu- nication from the colony expressing the opinion of their manager upon the excessive expenditure of the governor at the time of its commencement, and during its progress for three months. It was stated, that the expenditure was con- siderably larger than it ought to have been, and had excited considerable anxiety in the colony ; and he expressed regret that there was no means of controlling it, because the whole power of control was in the hands of the governor ; but at the same time he expressed this opinion, that the expenditure seemed to be called for b}' the circumstances and situation of the colony ; that it was judi- ciously made, and that Colonel Gawler would be able to justify himself to the Government in the course he had adopted. 471. What was the date of that communication which stated the existence of anxiety and apprehension in the colony itself, arising out of this excessive expenditure ? — About June last. 472. Was there any opinion conveyed to you as to the probability of the governor not being able to get his bills discounted, if he went on at the same rate ? — Yes, a very strong opinion, 473. When was it likely that that circumstance would operate as a check upon the expenditure ? — I should think about October or November last. 474. Do you mean that you think that in October or November a check would have been placed upon this excessive expenditure, by the impossibility of the governor getting his bills discounted ? — I think the last letter I alluded to was dated October, and at that time an opinion was expressed that the governor would not be able to raise money by drafts upon England. 475. You stated that, up to the 27th of November, the communications which you sent to the colony, by letter and by a special messenger, were of a nature calculated to keep up the credit of the colony, by encouraging an expectation that assistance would be afforded ? — Yes, and that was the tenor of my instructions to the agent I sent out. 476. Have you addressed communications of a similar nature to the colony subsequently to that period ? — I have not written by any vessel since that gen- tleman sailed, and I beUeve no vessel has gone direct ; some are going next week, and if intelligence of a different state of things should then be for- warded, it would prevent nearly all the mischief; not altogether,, for some inconvenience must arise from the present state of things ; but it would prevent the awful crisis which I anticipate from further delay. 477. Will you state what you mean by " intelligence of a different nature " r — That Government have afforded the means of paying those drafts, and also of replenishing the emigration fund. 478. Have you subsequently to the date of the interview of which you have spoken, in November, addressed any communication to the Secretary of State, as to what you conceive to be the probable results of this financial crisis in the colony ? — I have not. 479. Did you inform the Secretary of State that ships, after an interval of two months, were about to sail to the colony, and that you considered it impor- tant that some communication should be conveyed by them ? — I did not. 480. Lord EUot.~] Have many protested bills been already returned to the colony ? — I believe very few, not more than two ; I think most of the holders in the city would be likely to call upon me to know the state of things; I have invariably recommended them to retain the bills ; the danger incurred from such a course of proceeding has been noticed, as they were liable to a certain extent, but I was so confident that Government could not refuse assistance, that I sug- gested to them the propriety of holding the bills, and I believe they have done so, with the exception of two, and those are in the hands of Sydney merchants ; two or three months will elapse in the process of those bills, before they can reach the colony, and intelligence by a ship going out next week will reach Adelaide before those bills are presented for payment. 481 . Do you believe that protested bills to a considerable amount wUl be sent out by the ships now proceeding to the colony ? — 1 have no doubt of it. 0.21. H 3 482. Lord 54 MINUTES OF EVIDENCE TAKEN BEFORE THE George Fife Angas, 482. LovA Mahon.'] What is the amount of the two bills you mentioned?— Esq- About 2,000/. or 3,000/. , ,. "TTTT" 483. Mr. Gladstone ri What special circumstance induces you to beneve 4 March 1841. ^^^^ ^-^^ p^^^.^^ ^^^ ^^^^ continued to hold the bills up to the present moment will next week find their patience exhausted, and send them back to the colony. —Two reasons maybe assigned for that; one is, that they incur increasing personal responsibility by continuing to hold the bills. There is a very strong inducement on their part not to send the bills back because they want the money here, and if thev send the bills back to their correspondents m Sydney, they wHl incur a charge of 20 per cent., and the return of them may involve the parties here and abroad in a dispute. 484. Would not the latter of those considerations induce the parties to go on holding the bills ?— I should not hold them any longer if I were in their situation. 485. Do you think they have gone as far as they are justified in going, under all the circumstances, in holding them up to the present time ? — I cannot decide that question ; I am afraid their patience will be exhausted. 486. Mr. Wood.] May not many of the bills be in the hands of persons who would lose their legal claim upon the parties from whom they received them, if they went on holding them ? — I think so ; they are morally justifiable, to a cer- tain extent ; they have held them in the confident hope that they will be able to retire them, but now the delay having been so long there is danger of their losing their ground of justification. 487. Mr. Vernon Smith.'] Will you state why you, having hitherto advised those parties to hold those bills, think that matters have so altered at the pre- sent moment as to make it desperate for them to hold them any longer ? — I caniiot answer that question ; I have no personal responsibility in the matter ; I have advised with them as a friend ; and have told them candidly what I thought of the case, they presuming that I knew more of it than they did ; still they will take their own coul"se ; there is an increasing anxiety in the minds of the holders of the bills, which is often expressed to me, and every day increases that anxiety ; this induces me to think that they will scarcely be persuaded to hold them any longer. 488. Lord Eliot.] In addition to the reasons you have stated, is it not natural that they should continue to hold the bills till the meeting of Parliament, in the expectation that Government would guarantee a loan, and that upon finding that such recommendation has not been made, their view of the case may be altered, and they may be induced to return the bills to the colony ? — I think they will consider themselves in danger of losing the moral ground they now hold in relation to the trespass they have already committed in respect of the biUs. 489. Mr. Wood.] Are commercial men likely to distrust authority being' given by Parliament to the Government to make provision for these bills, when they see week after week pass away after Parliament has been assembled with- out any such recommendation having been made, judging of them as commer^ eial men influenced by commercial views ? — I must state as my opinion, that commercial men in the city are extremely dissatisfied with the position in which they are placed by those bills, and have expressed a strong feeling against the conduct of the Government in the case, not understanding so well as I do the difficulties in which the Government has been placed ; but they will act accord- ing to the light and knowledge they possess, not according to the facts of the case ; and acting upon the impressions of their minds, and being surrounded by men who are eager to embrace the present opportunity of damaging South Australia, it is natural that their feelings should get the better of their iudff*' ment. •• ° 490. Lord Stanley.] What are the peculiar difficulties to which you advert that the Government has been placed in, which other gentlemen do not under- stand .^— I cannot enter into the secrets of office. The difficulty I conceive to be this, that the guarantee which the Government has proposed to afford as a means of raising the loan, has not been successful in obtaining the loan the reasons tor which I am not able to divine. ' 491. Would that have rendered it difficult on the part of the Government to come down upon their own responsibility to ParUament, and make applica- tion SELECT COMMITTEE ON SOUTH AUSTRALIA. 55 tiofii upon the first opening of the Session, if they had so thought fit?— Certainly George Fife Angas, not. Esq. 492. You do not see that there would have been any difiiculty in the way of the Government taking that course if they had thought it a justifiable course ? + March 1841. —I cannot answer that question without referring back to the impressions in the city respecting the nature of the guarantee which has been already offered, and which has failed in obtaining the money. 493. Mr. Parker.^ Do you happen to know that the motion for the appoint- ment of this Committee was announced within a few days after the meeting of Parhament ? — Yes. 494. Lord Stanley.] Do you think the reference of the whole subject to this Committee tended to relieve or to increase the anxiety felt by the holders of those bills ? — ^To relieve their anxiety. 495. Do you consider that the reference to this Committee tended to reHeve their anxiety to a greater or less extent than it would have been had the Government applied directly to Parliament to sanction the loan 1 — -I think that is more of a political than a commercial question ; I cannot answer it. 496. Mr. Wood^ The Government not having so applied to Parliament, and it being known that the Bank of England had declined to furnish pecuniary assistance, is it not very natural that great distrust should exist amongst com- mercial men in the city as to whether aid will be afforded or not ? — I think so. 497. Lord Mahon^ When you state that the bills will go out protested next .Week in considerable number, do you speak from conjecture, from your judg- ment of probabilities, or have you decided information from the parties interested, that such will be the case ? — Not having communicated with the individuals upon that specific question, I cannot positively speak to it ; my con- viction is, that the parties to whom I aUuded, who hold a large amount of bills, vdll send them out. 498. You speak from conjecture, and your judgment of probabilities ? — I speak from conversation with individuals with whom I have spoken upon the subject. 499. Chairman.] Do you know whether the holders of those biUs expect that funds will be provided for the payment of them? — I believe firmly they do expect it, in consequence of the hopes which I have felt it my duty to hold out to them, without taking upon myself responsibility, merely advising with them as a friend who would give the best advice he was capable of doing under the circumstances of the case. 500. Do you entertain any doubt upon the subject yourself, that funds wiU be ultimately provided for the payment of those bills ? — I cannot conceive of the possibiUty of a doubt under the British Government. 501. Do the parties with whom you have communicated, and to whom you have imparted that opinion of yours, which you have stated, entertain any doubt upon the subject ? — ^I am not able to speak to that ; I think they have very great suspicion that all is not right, but I suppose they are influenced by reports out of doors. I speak from my own knowledge of the resources of the colony ; and the case having been brought before a Committee of Parlia- ment, I conceive it is impossible, after the investigations of this Committee, that assistance can be withheld. 502. Do you think that, independently of the investigations of this Com- mittee and a full examination into the resources of the colony,' those doubts would exist ? — I cannot answer that question. . 503. Mr. Wood.Ji Is it your opinion, founded upon an intimate knowledge of the condition of the colony, that if Parliament were to recommend an advance of money to relieve the present difficulties^ the revenues and resources of the colony would be an ample indemnification to the country for such guarantee ? — I have not a shadow of doubt of it. 504. What sum of money do you think would be adequate to relieve the Government of the colony from all existing embarrassment ? — If a loan of 120j000/., making up the 200,000/. authorized by the Act of Parliament, were raised and guaranteed, I think that would be sufficient to carry the colony through its present financial difficulties ; but then it is necessary to return to the emigration fund the 80,000 1, or 90,000 1, which have been borrowed from it ; it might be necessary, in addition to that, to give the commissioners the power of raising a further loan of 120,000 I., making altogether 240,000 /, If properly managed, all may not be required to be called up ; but they should 0.21. H 4 have 56 MINUTES OF EVIDENCE TAKEN BEFORE THE George Fife Angas, have the power of doing so. Therefore, in the first instance 120,000 /.should Esq. be raised immediately, and there should be authority to raise 120,000 i. more : at a future day, if required. That would entirely emancipate the colony trom 4 March 1841. ^3 financial difficulties; and I am confident that one year's production ot the colony would be sufficient to pay the whole of the colonial debt and the money proposed to be borrowed. I think that one year's produce of South Australia would pay off the whole of its debt. , 505. Chairman:] Do you mean one year's revenue ?— No, one year s produce ; the last quarter's revenue amounted upon the average to about 29,000/. a year, and that was not more than a taxation of 30*. a head; now in New South Wales it amounts to from 3/. 10*. to 3/. 17*- ahead; there is therefore no doubt that they could double the revenue of the colony to meet the payment of the interest upon the past and future loans. 506. Mr. Wood.'] Supposing Parliament were to authorize that assistance should be given to an amount not exceeding in the aggregate 240,000 Z., within what period do you think the revenues and resources of the colony would enable that money to be repaid without an injurious pressure upon the colony itself?—! conceive in five years, provided the colonists, were allowed a con- trol over the expenditure of the colony ; I think it is rather too much to expect them to raise large revenues in the colony when they have no control over the expenditure, especially as that is at their own cost ; with economy, and a proper colonial control over the expenditure of the colony, in five years the whole of the existing debt and what is now proposed to be contracted might be paid off. In connexion with that, I would state that some alteration should be made in the appropriation of the emigration fund ; the colonists have hitherto, not only had to bear the expenses of the government and to import provisions for one or two years in consequence of the delay which has arisen in obtaining pos- session of their lands, but they have had to employ their capital in buUdii^ houses to a great extent, besides the importation of stock, furnishing their houses, and the improvement of their lands. Henceforth they will not have to resort to such modes of expenditure. This, having been done, they are now free to proceed unfettered, and will be able to raise the means of paying off their colonial debt. 507. Chairman.] What is the nature of the alteration you would propose in the application of the emigration fund ? — By appljdng a part to the improve- ment of the colony in roads, bridges, and wharfs. 508. Do you mean that instead of the whole of the land sales being applied to emigration, a portion of it should be applied to the improvement of the colony? — Yes ; I suppose that about one-fourth of it should be applied to public improvements. The emigration fund, as will be obvious to the Committee, has been more than sufficient for the wants of the colony. Now at this moment you have 14,000 or 15,000 people in the colony, and 90,000 I. in hand to carry out more. It is clear that the introduction of emigrants so quickly into the colony has had a tendency to increase the demand for labour, in requiring so many new houses to be built for their accommodation, and in the supply of that population with provisions. If the emigration had been a little slower, they would have been in advance of their supplies of food and demand for labour. I conceive therefore, if one-fourth were taken off the emigration fund, and applied to pubhc improvements, the residue would be sufficient for all the purposes of emigration. 509. Lord Fitsalan.] Is it not possible that after this crisis there may be a less desire to purchase lands in the colony ? — That is very likely 510. Therefore the emigration fund would be less ?— Yes, but I conceive that pubhc improvements, such as roads and bridges, are essential to the very exist- ence, or at least to the progress of the colony. 511. Mr. Vernon Smith.] Do you calculate upon a continuance of the. public works upon the present scale of expenditure ?— I think no public works of the nature I have referred to, have been undertaken by the government The ex traordinary expenditure has been in government houses, and other' buildings, such as gaols, prisons, and courts of justice, and in the police . ^'f^T\f ""f '"rl ^^^■''' n^^' ^-^"^ ^^^^f^' the' wharf was con- structed by the South Australian Company. 513. Mv..Wood.] In estimating the capability of the colony to repay the money, do you calculate upon a continuance of emigration to anything ap- proaching SELECT COMMITTEE ON SOUTH AUSTRALIA. 57 Iproaching the extent upon which it has hitherto been going on, as necessary to George Fife Angm, fulfil your expectations ?-^No, I do not calculate upon any considerable increase E^^- as necessary. An increase of population will take place, but I do not think it ~~ is necessary to the production of resources sufficient to meet the responsibilities 4 M«rch 1841. of the colony. 514. Do you look to its being necessary to impose any direct taxation to any considerable extent, to enable the colony to repay the advances which may be made ? — I conceive so, not to a considerable extent, for they already raise at the rate of 30,000 l. a year, which is a great amount for a 'colony that has only been one year emancipated from the necessity of importing its food. 515. Do you think the colony sufficiently advanced to admit of direct taxa- tion being had recourse to without much injury to its prosperity ? — I think so, because the production of its flocks and herds has been extremely profitable, independent of other things. 516. Chairman.'] Is not the taxation, according to your account, now at the rate of 2 I. a head ? — 30*. 517. You state that the taxation is at the rate of 30,000^. a year, and that the population is 15,000 ? — I took that calculation when the population was smaller. • 518. Would not that increase the rate of taxation per head ? — The income when last quoted was much larger tha:^when it was formerly quoted. 519. At what period did you take the calculation at 30,000/. a year? — In the last quarter for which the returns have been received. 520. At what period did you take the population at 15,000 ? — At the last accounts. 521. Do you beheve that the population was 15,000 at the time when the revenue was at the rate of 30,000?. per annum? — The population was only 1 4,000, and the other thousand were expected to arrive in the next ships. 522. To what extent do you think there might be a reduction in the expenditure of the colony which you think would be the result of colonial con- trol ?— AH those expensive builc&ngs which have caused the additional expen- diture having been completed, of course the expenditure for those will be saved. 523. Do you think there could be any material reduction in the ordinary current expenditure of the colony irrespective of those works which were undertaken owing to the infancy of the colony ? — I think a considerable redtio- tion might take place in the police ; it has been an unreasonable pressure upon the colony to oblige it to have a police strong enough to resist the influx of convicts from the interior, which causes the necessity of that establishment. 524. Mr. Vernon Smith.] Do you think the increase in the salaries of pubUc officers Was necessary ? — I am not acquainted with the rate of increase of the salaries of public officers ; I should say that was unnecessary. 525. Chuirman.] Are you aware of the grounds upon which the increase was applied for and sanctioned ? — I am not aware of that. 526. Lord Elioti] Have not the surveys been carried on in an unnecessarily expensive manner?— I conceive so; I believe, however, that the system of special surveys has caused it ; how far that might be lessened I cannot say, 527. Is not the system of special surveys therefore objectionable ? — I am of opinion that it has been beneficial to a certain extent; but if continued, it would be injurious. 528. Lord Stanley^ Have the South Australian Company availed themselves of the power of having special surveys ? — Yes, in several instances. 529. To what extent ? — ^To the extent of four or five special surveys. 530. Mr. Wood.] Has the money which has been laid out in public works been laid out judiciously, according to your opinion, supposing that funds had been available for defraying the expense ?-^I think, in one instance, injudi- 'ciously ; I cannot understand how buildings can be necessary to the extent of an outlay of 25,000 I. for a government house and offices. 531. Chairman.] When did -that outlay take place? — I suppose it has not yet taken place, but I understand the commissioners have authorized an advance of one-half towards it. 532. You stated that you thought that in five years the revenues of the colony, would be sufficient to pay off the advance of 240,000/., paying interest 0.2 1 . I upon 58 MINUTES OF EVIDENCE TAKEN BEFORE THE GmgeFife Angas, upon it in the meantime, and to provide. for the current expenditure of the ^"^- colony ; are you able to state to the Committee upon what calculation that is f^ ' . „ ■ founded, and what, in your opinion, would be the amount of the current expen- .4Marcui»4x. ^.^^^^ ^^ ^^^ colony during those five years ?— I submitted .a proviso^when I stated my opinion, that there should be a check upon the expenditure by the colonial public. 533. Assuming that check, what do you consider would be the amount of the current expenditure of the colony for those five years ? — I cannot answer that question ; I conceive the current expenditure of the colony might be con- siderably reduced, I suppose to the amount of 40,000?. to 45,000 1 a year. ' 534. What would you state as the amount of the current expenditure remaining after that reduction, which it would be necessary to provide for out of the revenues of the colony ?— I cannot go into the items of the expenditure, as I have not made a distinct statement of it in relation to thjs question ; but I may just allude to the grounds of my opinion for expecting that the colo- nial debt might be paid 'off in five years. It is simply this : from the exportation of sheep's wool, of hides and goats' hair, and the productions of the harvest; the exportation of oil and whalebone, and the natural increase of sheep, cattle, horses, and so on, besides the rent of houses and the interest on capital em- ployed in the colony, I conceive the income of the colony will be about SOOiOOO?. or 400,0007. a year. This is a real increase there to the holders of property ; and I consequently argue that they can very well afford a portion of it for the purposes of revenue and the liquidation of the debt. 535. Have you not stated that 60,000/. is the sum to which you think the revenue might be raised ? — I have ; but I am now speaking of the means o£ paying off the colonial debt. 536. Do not you contemplate that the payment of the debt will come out of the revenue ?-.— I think that means may be adopted ; besides the creation of a fund for the purpose of liquidating the debt by degrees. 537. Independently of the ordinary revenue ? — ^Yes. 538. Do you mean that means could be provided otherwise than by taxation? ' — Of course it must be by a certain mode of taxation. 539. What is the extreme annual amount to which you think taxation could be carried during those five years ?-^I cannot answer that question. 540. Then the statement you have made to the Committee as to the proba^ bility of the payment of the loan in five years, is founded upon no certain data ? — Except from the increase of flocks and herds, and the productions of exports, and the capital in the colony. 541. Which you think would enable the inhabitants to bear a larger amount of taxation ? — ^Yes. .'542. Mr. Wood.'] Do you mean an amount of taxation suflScient to pay the loan and the necessary expenses of government, or do you contemplate raising, part of those supphes by a fresh loan to pay off the loan here ? — I do not pro- pose to raise a fresh loan to pay off any former loan. 543, But to raise the whole sum by taxation ? — I think the thing is practi^ cable ; but I would qualify what I have said by one or two observations. It must be remarked that South Austraha is at this moment in a very critical position ; and, like every new country, is dependent upon public opinion. If X5overnment should decline to foster the colony, or if public opinion should be strong against it, it is impossible to make any positive calculation as to its future progress. I merely take it as it now is, with the supposition that the colony will progress, as it is natural to expect it will do so, with the present capital, which I consider to be about 2,500,000/. 544. Chairman.'] If you cannot state the amount of revenue which will be raised, can you state the am.ount they will have to provide for durin"- the next five years, including what you conceive to be the necessary expenditure of the colony, and the repayment of the loan, with interest ?— About 50 000/ to 60,000 /. a year. ' emigration fund should be applied to the improvement of the colony with '^ sinking fund. ^ ' 546. Lord SELECT COMMITTEE ON SOUTH AUSTRALIA. 59 546. Lord Howick.] If the progress of the colony continues, you must George Fife Angas, contemplate that both the expenses and the revenue will largely increase, but ^^^' you hope that the revenue will increase in a larger proportion than the expenses ? *T! 7"^" —I do not think the expenses ought to increase materially, except in the ^ ^'*^ * ^^' surveying department. I can see no reason why the expenses of the colony should increase if the population does, unless the increase should be very large indeed. 547, Lord Mahon.'] Is it not 'probable that an extraordinary impulse was given to the revenue by the large expenses incurred on behalf of the government ; and now that those expenses have ceased, is it not probable that a diminution instead of an increase of revenue will follow ?^It is probable that a diminu- tion of the revenue may follow for a time from the present financial difficulties ; but I do not think that effect will arise from the cessation of expenditure on the part of the government in those public works. . 548. You do not think that a great impulse has been given to the revenue by those public works ? — I cannot conceive so, because there are no duties- upon the import of timber, or any materials used in buildings. 549. Mr. Hopei] Were you rightly understood to state that a reduction in the expenditure might be made to the amount of 40,000 1, a year ? — I did not intend to convey that idea; I understood the question to be, what amount of expenditure would be necessary during the year ; that is to say, what amount of revenue would be necessary to meet the expenditure, and I stated, that I thought from 40,000 I. to 60,000 l. I conceive that the expenditure thus far would not have been so large, if there had been a check in the colony ; and I aUuded. to a letter from the colony, stating regret that they could not check the expenditure then going on. 550. Mr. Wood^ In the opinion you have given as to the resources of the colony, do you consider it to be necessary that the boundary should be enlarged so as to bring a considerable quantity of fertile land of the first class within its extent, in order to enable it to meet those expenses of which you have been speaking? — I have made my calculation on the principle of the present boundary of the colony, and I do not think it is necessary to extend the limits of the colony for the sake of its resources. How far it may be expedient, in a political point of view, is a question which I leave to be determined by those who understand the subject better than. I do, 551. Lord Howick.'] You were understood to say, that if the financial difficulties of the colony should continue to be aggravated by the return of a great number of protested bills, you apprehended that many of the present settlers in South Australia would be induced to leave it for other colonies ? — ^I expressed that opinion. 552. As the passage of those persons has been paid for by the colony, their leaving it would be in fact equivalent to its losing the sum expended in the cost of their passage ? — Clearly so. 553. You also stated that the return of the biUs would lead to an additional charge of about 20 per cent. ? — That is the commercial rule. 554. Does not it then follow, that if it should be ultimately found that this country ought to assist the colony so as to relieve it from its difficulties, the longer that assistance is delayed, the larger will be the amount of assistance required ? — Decidedly. 555- Would not delay also tend to render the security for ultimate repay- ment less good, by keeping up a prejudice against the colony, which would have the effect of checking emigration ? — Decidedly. 556. Mr. Wood.'] You have alluded to the probability of a stoppage of the banks as one of the evils which you contemplate from the present state of things ; do the banks issue paper money payable on demand ? — They do. , 557. Are they liable on demand to pay the whole extent of their issues in specie ? — Yes. 558. Were those banks founded upon a paid-up capital ? — There are two banks ; one is the company's bank, and the other a branch of the Australa- sian Bank. The Australasian Bank is a chartered bank, well known, I suppose, to the Committee, and the whole of their capital I understand is paid up. 559. Can you state the amount of their capital ? — I do not know ; but I think it is about 800,000 I or 1,000,000^. With respect to this branch, I should state that it has not been long established in South Australia ; it was established, 0.21. 12 I understand. 6o MTNUTES OF EVIDENCE TAKEN BEFORE THE .6eo,-geF^eAngas,l understand, at the recommendation of the GOtoMs§ioilers, about a year — ■ 560. Chairman.l Do you mean that the bank previously existed, hat that it 4 March 1 841 . ^as oailv had abraneh in South Australia within the last 1 2 months t—l he boutn Australian Company's Bank was. estabUshed, there on the very first day ot the fending of the emigrants. This was done with a view to assist them in can-y- ing on their operations; it was absolutely essential to their success that they should have a circulating medium. The South AustraUan Company, m the ^rst instance, was established without a bank. It was expected that the Aus* tralasian Bank would afford the necessary banking assistance, and application was made to them. They did not howeter feel disposed at that time to render it, and the South Australian Company had no alternative but to estabhsh a bank themselves. They sent circulars to aU their shareholders, with a reques1;that they might have permission to estabhsh a bank. That request was conceded, the bank was estabhshed, and it has been in operation to this day. The bank forms a part of the general company. I admit that the principle upon which our bank is estabhshed is not the best that could be.. We afterwards apphed to Government for a charter, which was refused, on the principle that the bank was associated with , a commercial company. The bank has answered a. useful purpose 5 it has helped forward the progress of the colony, and been the means of affording great assistance to its inhabitants. It is now intended to separate the bank from the company, and to apply to Government for a charter for a new hank, with increased capital. Such has beem the rapid progress of the polony, that it has been found necessary to increasp the supplies of capital in the colony. There is an exhaustless supply of good land and of labour, and it must be evident to the Committee that a certain proportion of capital is an essential element in the success of any undertaking of this nature ; we propose to separate the bank from the company, and to form a new bank, and to apply to Government for a charter. At present about 120,000?. paid-up capital are employed in the bank itself. ; 561. Mr. Wood.] Do you mean to say that 120,000?. has been advanced by the company for banking purposes in South Australia, and is now so occupied there?— I mean to say that 120,000?. has been advanced to the South Aus- tralian company's Bank, and is so employed, in addition to the capital employed by the branch of the Australasian Bank. 562. Lord S'tanlei/.] You mean 120,000?. out of the original paid-up capital of 320,000?. ?— Yes. 563. Mr. Wood.'] £. 120,000 has been applied exclusively to carry on bank- ing purposes in South Australia ? — Yes. 564. How much has been appUed to banking purposes in South Australia by the Australasian Bank ? — I am unable to answer that ; I have no interest in the Australasian Bank. 565. Is that a joint-stock bank? — It is. ^ 566. Do the proprietors meet at stated periods ? — ^Yes. 567. Are statements of their affairs laid before the proprietors at those periods ? — ^Yes, and pubhshed in the local newspapers. 568. Are they pubhc documents which are easUy accessible ? — They are. 569. Are there similar documents accessible with reference to the bank founded by your company ?— No, not bemg a chartered bank, we have no necessity to publish the proceedings. 570. But you know that 120,000?. has been actually advanced by your company for banking purposes ?— Yes. 571. Can you state the amount of paper issued by each of those banks in South Austraha ? — I cannot, without making investigation. , ' 572. Is it within reasonable bounds in proportion to the capital employed by the banks ?— I think it will be found clearly so according to the just principles pf banking. 573. Are those banks under the management of parties resident in this country, or are they managed mainly in the colony itself ?— Both ; the manage- ment is in the colony under the control of the Board in London. 574. Do you think that the banking operations have been conducted upon sound principles?— I think so, always excepting the principle of the bank being connected with a commercial company, which is, in my opinion, unsound; but ■ that SELECT COMMITTEE ON SOUTH AUSTRALIi^. 61 that arose from necessity, and the company have resolved to embrace the first George Fife Angas, opportunity of removing that objection by separating the bank entirely. Esq. 575. That is an objection to the principle ; but, in point of practice, have — their operations been conducted, upon just banking principles ? — I conceive so. + March 1841, 576. And you know of nothing that could have embarrassed either of those banks save some great financial embarrassm«at, such as that we are now speaking of? — Nothing whatever. 577. Have their discount operations been conducted upon sound principles? — I conceive so. 578. Within legitimate bounds ? — Y^, and their returns regularly sent home. 579. Lord Stanley.^ Can you state what is the amount of your bank paper in circulation now? — I cannot immediately; I should think about 15,000 I. or 20,000/. 580. Mr. Woad^ Do the company meet at stated periods by their deed of settlement ? — Always once a year. 581-2. And lay statements of their affairs before the proprietors ? — ^Yes. 583. Are those statements made public? — ^They are made public in the reports ; generally there are reports of the public meetings. 584. Mr. Hope.] Was any specific reason given in the city at the time a loan was advertised for, upon the Treasury Minute of the 3d of November, why that was not considered a sufficient guarantee ? — The reason assigned to me by dif- ferent individuals was, that they did not understand it ; they did not consider that it bore the characteristic of a regular Treasury Minute ; that was the, impression upon their minds* I suppose it was quite erroneous, but they did not attach to it the same notion which they have always attached to a regular guarantee of the Government. 585. Are you aware whether there is any difference between the form of this, and the form of the guarantees given upon previous occasions ? — I am unable, to speak to that ; I have not had much to do with matters of the kind. 586. Lord Eliot.l Are you of opinion that the immediate interposition of Parliament would prevent the effects of the present financial crisis in South Australia ? — ^Yes. 587. Are you of opinion that if that interposition be delayed, the disastrous consequences to the colony which you have described must ensue } — That, is my opinion, 588. Are you of opinion that a loan of 240,000?., to be raised upon the security of the revenues and public lands in South Australia, and to be gua- . ranteed by Parliament, would be sufficient to extricate the colony from its present embarrassment ? — Yes. 589. Are you of opinion that the capital of that debt, as well as the interest, might be liquidated in five years ? — I am of that opinion, provided the control of the expenditure is placed in the hands of the colonists ; I conceive it would be impossible to carry out a system of economy to realize that result, unless there is some check. Had there been a check thus far, I think they would have kept down the expenditure very considerably. 590. You mean that the resources of the Colony in itself are sufficient to enable the colony to Uquidajte the capital of that debt in the period of five years ? — I conceive so. 591. Chairman.^ Can you, before you come to the Committee again, furnish the precise data upon which your calculation, as to the five years, is made ? — I have already given the Committee my judgment upon that point, which is, that the produce of the colony will amount to 300,000/. a year. 592." Are you able to furnish any more precise data than those you have given as to the basis of your calculation as to the five years? — I do not know that I am, except as to the particulars, which added together, wUl produce the 300,000 /. Sg^. Mr. Wood.'] Do you suppose that the present resources of the colony are adequate to pay off that amount of charge in that time? — That is my opinion, provided there is no re-action or adversity which cannot be foreseen. 594. Mr. Vernon Smith^ Do you suppose, in your answer to these last questions, the continuance of the Government under the present Act of Par- liament ?^I think the present Act very deficient ; I think there must be con- siderable alterations in it to realize those expectations. 21. 13 62 MINUTES OF EVIDENCE TAKEN BEFORE THE Veneris, 5° die Maftii, 1841. MEMBERS PRESENT. Colonel Rohert Torrens, 5 March 184^. Fzirf Appendix, (Paper, No. 10), p. .200. Captain A' Court. Mr. Raikes Currie. Lord Eliot. • Lord Fitzalan. Mr. W. E. Gladstone. Sir George Grey. Mr. G. Hope. Lord Howick. Lord Mahon. Mr. Parker. Mr. Vernon Smith. Lord Stanley. Mr. G. W. Wood. The Right Hox. Sir GEORGE GREY, Bart, in the Chair. Colonel Rohert Torrens, called in ; and further Examined. 59.5. Chairman^] THE Committee understand that you wish to make some corrections in your former evidence. Will you state the nature of them ? — I wish, first, to make an addition to the statement at the end of my answer to 0.uestion 92. Under these convictions I drafted a letter to the Colonial-oflELce explaining the grounds of the strong opinion I entertained, that in the actual circumstances of the colony the timely aid of his Majesty's Government in enabling the commissioners to raise the loans authorized by the Acts of Par- liament would not involve any charge upon the public purse on account of such loans. The substance of this draft was partly embodied in our letter of the I7th September, but in my views with regard to the security of the proposed loans my colleague could not concur, and the circumstances seemed to^ me so important and so urgent, that though I could not place what I conceived to be the true state of the case before his Majesty's Gdvernment with the weight and influence which a unanimpuS representation from the Board of Commissioners' might possibly have possessed, yet I felt it to be my duty to submit my indi- vidual opinions for the consideration of the Secretary of State for the Colonial Department, in a letter dated 23d September, and intended as supplementary to the letter of the I7th September, to.which it refers, and to that of the 26th August, to which, for the sake of unanimity, I reluctantly affixed my signa- ture. With his sanction I laid my views, as to the measures which should be adopted, before the Treasury, as I noW submit them for the consideration of the Committee. 596. Do you wish to put in that letter ? — ^I do ; it is a draft merely. [The Witness delivered in the same.'] 597. You tender that to the Committee, as embracing your sentiments ; but are the Committee to understand that it was never sent ? — It was never actually sent ; it was partly embodied in the letter of the l7th of December. 598. And you tender it to the Committee as explaining your views at the present time ? — I do. .599. Is there any other part of your evidence upon which you wish to give ly explanation?— I wish to qualify my answer to question 54, to which I iswered "Yes. I wish to cjualifv that bv savino- '«WVi«r, ,.^«„;„«^ f^^ qualify that by saying "When required ^pr any answered emigration 600 What words in the Act of JParliament do you rely upon as qualifying the obligation of theX^ommissioners to replace an advance made from either one fund or the other ?-In the third section of the amended Act it states, that "When, any money advanced from either of the said funds in aid of the other of them, shall.be required for. the purpose of the fund from which the advance shall be made, the said Commissioners shall and may borrow and take up at interest or raise m addition to the monies which they are authorized to borrow bv the said recited Act, money for repaying such advance by all or any of the means by this SELECT COMMITTEE ON SOUTH AUSTRALIA. 63 this Act or the said recited Act authorized ;" when it shall be required for the Cblonel purpose of the fund from which the advance shall be made. Roiert Torrens. 601. You think those words qualify the former words, which are as follows: " Such advances respectively shall.be repaid or replaced as soon as conveniently ^ March 1841. may be (but without interest thereon in the meantime) by such commissioners out of the monies accruing to the fund debited with such advance?" — I think it states the nature of the convenience. 602. Is there any other answer of which you wish to give any explanation ? — In the answer given to question 59, I wish to qualify the " Yes" by the follow- ing words : " Unless the money borrowed be previously required for emigration." The next is the answer to question 131. I wish to add, that the letter requires that if in the course of the year emigration should be required, the money borrowed from the emigration fund should be replaced by a loan. The next is the answer to question 1 34. I wish to add to that answer, " If you comply with the Act the security for repayment would be the credit of the colony." 603. The Committee understand that you wish also to give some qualifica- tion to your answer to question 328 ? — I wish to add to the word " Yes," " For the government-house and other public buildings." 604. You mean that the amount of 25,162 I. was not expended upon the government-house alone, but upon the government-house and other public buildings ? — Yes ; one-half of that sum was authorized for the governor's house, and all the pubhc offices, in fact, connected with the administration of the government. 605. Mr. Vernon Smith.] Do you know what portion of that sum was expended upon the government-house itself? — I do not know the proportions. tVith the permission of the Committee, I will deUver in a statement of the ship-i ping arrived in the port of Adelaide, from 1st of January to the 31st December , . 1839. (The Witness delivered in the same.) /d"^^ ^S^" , S ^ ^ (Paper, No. 10;, p. 203. T. Frederick .Elliot, Esq. called in ; and Examined. 606. Chairman.] ARE you one of the Colonization Commissioners for South T. Frederick Elliot, Australia ?— I am. Esq. 607. When did you enter upon the duties of the office? — On the 10th of """" January 1840. 5Mareh484U 608. On the dissolution of the former commission ? — ^Yes. 6og. Have you any statement that you wish to make to the Committee with reference to the assets and liabiUties of the commission at the time you entered upon those duties ? — I should be anxious to be allowed, before anything else, to put in some financial statements, signed by the accountant to our commission, which I think will make much plainer all that passes afterwards upon the subject. The first statement will show all the present liabiUties of the colony classified, and the assets. These statements inevitably include some matters of estimate, but when it is estimate, it is so stated. We must assume some data. We have taken it up to the 1 st of May, about two months hence. With regard to the past, it will be important to us that the Committee should have before them a statement of the bills drawn from the colony in each three months ; and another statement of the bills showing the dates at which they were received in England. That is exceedingly material to the commissioners. We should also be very anxious to put in a statement of the ways and means of the com- missioners at the ] st of every month in 1840 ; and also a statement of the loans from the emigration fund, showing the state of the account of the two funds at the beginning of every year from the origin of the commission. I have also a statement of the financial position at the commencement of every half year from the beginning. That will complete the financial case entirely. These statements I will deliver in. {The Witness delivered in the same.) vide Appendix, 610. Mr. Raikes Currie.] Are those the accounts of the new commission, or (Paper, No. 8), of the former commission also? — The accounts for 1840 are for the new com- PP- '9'-i96- mission only, but several of these relate to the affairs of the commission from the commencement of the colony. 611. Chairman.] What is the amount of the present liabilities ? — ^They are divided here into four classes in all. Our debt to people in England who have either supplied us with goods, or performed services, is in round numbers 56,000 I. The whole of tixe bills which have been refused acceptance, together with those which are expected up to May, 973OOO I. It is necessary to explain 0.21. 14 that. 64 MINUTES OF EVIDENCE TAKEN BEFORE TH^ T.Fretkrick Elliot, tfkat, in the fipst item, part of the debt IS from the emigration fund; and part '_-Z!!l!l ^°^ *^^ revenue ; and if we- are enabled to discharge that item,^ we shall at J, „" thfesame timfe disif^ar^joro t«»t/o the debt from dtofiftrnd to the 'other. If we « s/urch i»4J . jj^^g 56,000 1 given US for the rerente fund, we shall-pay off with that part of the debt -which belongs tO' the emi^atiori fund. 'Therefore, 'it stands thus : ^ebts, 56,000/.; bills, 97,000 /. ; further debt to emigration ftlnd, after pay- ing off class 1 of debts, 56,000 ;. The fourth item is the public debt of the colony! that is 85,000-i ■'■■-''■ "'"''''''^'" ^' '■'■'^■'" ■'■"'"'■ "■'^''■ -v»6i2. That is money borrowed under the first Act ?--Yes ; without the public debt, the total of the first three items is 210,000/. ?<' '- •»•' w ; ' : v v ». i 613. What is the amount Cf the loan or advance which you now require in order to pay off every existing Uabilityj and to proceed with the affairs of the colony ?— It is necessary to take one distinction there. To pay off everything that we owe to individuals, of one kind or another, 1-5S,000 1 would be enough ; but'toi fulfil the Acts, and to do our duties under them,' we must have the other sum of 56,000 1 for future emigration, so that we mrust have 210,000 h '■ ■ 614. Then with aM immediate advance of 210,000 L, you would be enabled to fulfil all existing habilities,- and to carry on the ' affairs of the colony ? — To earry on Soiith' Australia upon its old principles. ■^'■ '- 615. Some questions were asked, on a former day, as to the reasons which induced the commissioners to abstain froia raising a loan in the early part of Jaist year. Your coHerfgue/ Colonel Torrens,' said that he wished thfe questions' should be addressed rather to one of his colleagues than to himself. Can yott state why the loan was not raised in the early part of last year, shortly after you entered npon the duties of the commission ?-^I am exceedingly glad of having an opportunity to answer that question. In Onei resp»ect it may appear surprising that it was. wished tiiore particularly to be addressed' to the new commissioners, for I am unable to remember any occasion on whitiB. any One of the three commissioners distinctly proposed that measures should be taken to raise a loan. We all three foresaw* clearly that a time would come when we should require a loan, and we all three equally^ from tame to titile,' men- tioned it. But no one member of the Board, so far as I can recoUect,eveiir mad^ a distinct propositioia in ahiy early month: of the year that a loan should be raised, and was overruled. When the month of June came, I ought to explaiS, that there was a difference to this extent, that I believe Galonel Torrenswoald then have gone into the market to offer to raise a, loan, though seeing tbe dan- ger that was impending over us ; and we, on the contrary, thought we were bound then to impart our condition to Government, and not keep it a secret. 616. What was the earliest period at which apprehension was entertained by the commissioners of the insolvency of the colony ? — Not till the latter part of June. 617. The question before asked applied to an earlier period of the year j you entered upon the duties of the commiission in January ; did the question, of raising a loan come under your consideration between that period and the month of June, when the insolvency of the colony became a subject of consi- deration ? — My former answer to the question was rather prefatory, with reference merely to the point of a difference of opinion of which I must say that I had not been aware at the time ; but I would now wish to answer the question itself directly. The reason we did not raise a loan in the early pairt of 1840 was, that we did not want it. In the statement I have handed- in to- day, the e©mmittee will see our condition at the beginning of every month of the year 184#; they will see our ways and means, and that, as matter ©f money, we had a large surplus in the early months of the year We had not a surplus in the revenue fund technicaUy, but we had a large surplus of money' under our control; in fact, therefore, I may say that we did borrow man^gf, but we borrowed money without paymg interest instead of money pwinff mterest; the Act itself pointing out to us that course, by a claiase wMch particularly provides that we may take the emigration-money when wanted for the revem^, on purpose to salve interest. So we did. I repeat, therefore, the reason we did not raise a loan was, that we did not want it 618. How soon was the emigration fund wholly drawn out ?— Until August we always had money to meet the accruing claims of the ensuing month ' . 619. In mentioning the clause which provides th^t you may take emigra«i9m funds, when wanted for revenue, you refer to the third section of the amended 620,. Has SELECT COMMITTEE ON SOUTH AUSTRALIA. GS 620. Has your attention been called to the proviso at the close of that sec- tion, which is in these words ; " Provided always, that the amount advanced from the said emigration fund in aid of the revenues of the colony, together with the debt which may have been due to the said emigration fund at the commencement of any year, shall not, at the close of any such year, exceed one-third of the amount which may have accrued to the said emigration fund in the course of such year" ? — Yes, I am familiar with that clause. It was never violated until the end of the year 1840. Then it was violated, because, as everybody knows, the colony was in a state of confusion, and we could no longer fulfil our obligations. But I should like to give a little further expla- nation upon the subject. As to the letter of the Act, I think it required us only to settle accounts at the end of the year, and if we did that we satisfied the letter of the Act ; but I do not mean that we should have been satisfied to do that. Far from it. We satisfied the spirit of the Act, for we always carried on emigration as far as was for the good of the colony, and only applied the surplus emigration-money to revenue purposes, until we became insolvent. We did not say, we will put off settling with the emigration fund, and pro- moting emigration till the end of the year ; that would have been violating the spirit though not the letter of the Act ; but we said, we will carry on emigra- tion as fast as it ever has been carried on, and as fast as we conceive to , be good for the colony, and we wiU only borrow fi*om the surplus. 621. You conceived yourselves to be at liberty to borrow the whole of the emigration fund if it was not wanted for emigration at any period of the year, provided two-thirds of that fund was found in that fund at the close of the year ? — As matter of law, we were only to look at the end of the year ; but as matter of discretion, we should have guided ourselves by taking care that in no month in the year we sent fewer emigrants than we would have sent at any rate. 622. Then do you mean, that up to the month of June in the last year, the emigration fund was always fully equal to the demand upon it for the purposes of emigration ? — Perfectly. 623. You had not restricted emigration owing to the funds you had borrowed from the emigration fund for general purposes ? — In no way. Before quitting the reasons for not raising the loan, I should like to add one more explanation : I have heard that it has been said that the colony would have been saved if a loan had beien raised sooner. Now I think Colonel Torrens mentioned to the Committee, that up to June, so little had we an opportunity of understanding the prospects of the colony, that we thought of a loan of 60,000 I. Our debt at present, as I have just stated (and I am not aware of any item in that debt that we could have abstained from creating, if we obeyed the Act), is 210,000?. I am at a loss to understand how 60,000 I. could have averted the embarrass- ment that we now have, to the amount of 210,000 1. 624. Mr. Vernon Smith.'\ What led you to suppose 60,000 I. to be sufiicient at that time ? — The accounts from the colony were lamentably deficient. Nothing could exceed the defectiveness of the accounts we had. I must guard myself^ however, against being understood to say, that if we had raised a loan we should have been satisfied with 60,000 I. That was merely inserted as a figure in a. proposed draft of an advertisement ; and before we had consented to raise a loan we should have scrutinised our affairs, and it is possible we might have raised more. , But if we had raised the largest sum we ever thought of, that was only 120,000?., and that would no more have paid 21 0,000 L than 60,000?. would have done so. 625. Captain A Court ^ When did you first refuse to accept any of the bills drawn from the colony ? — It was within a week of the end of August. . 626. Chairman.'] Are the Committee to understand, that previously to the month of June you abstained from raising a loan, because you thought it unnecessary, and that subsequently to the month of June you abstained from endeavouring to raise a loan, because you thought it would not have been right and honourable to go into the market to raise a loan, without disclosing the circumstances which had produced in your own minds an apprehension as to the solvency of the colony ? — That was not quite the case. At the end of June we saw that the affairs of the colony were critical, but we still had hopes that a loan might redeem them; we thought them so critical that we were bound to impart the circumstances to Government, and so far as Government might give us its advice, we considered it desirable to have its guidance ; but we still 0.21. K hoped T. Frederick Eltioi^ Esq. 5 March 1341. 66 MINUTES OF EVIDENCE TAKEN BEFORE THE T.Frederic^mua, hoped that a loan would redeem the colony. The G^^J^^^^'^f^fT^^^ E^q^ on? Tiew, and we did advertise for a loan in July. It was by the end ot Au^^^ that the difference in our position had occurred. When we advertased m^^ 5 March ^^^. ^, ^ad hopes that we should pay all the bdls and fulfil aU the objecte ot tto Act by a loan of 120,000 /. At the end of August ^^ «a^. ^^at f we gcrt a^loan the next day, the following week we must refuse bills ; m f ?J^f Jl^^^^^ as it were have only put off refusing the bdls in ^^^er to rn^^^ce^'^^^^^^ lender to part with his money, and then go into the market .^^^ deg^eci^^ his stock incalculably. This was the reason why we thought ^J not nght m August to go for a loan. We were not squeamish about it It a man goes to borrow money, of course he is in want of money ; but m August, rf we had obtained a loan, we should have had to depreciate that stock in a week after- wards, and should, I think, have committed a dishonourable actioh. 627. Do you refer to the letter of the 27th of July, when you sp/ak of a communication which you made to the Government respectmg the state of the ^'^S-'Do^fthat letter suggest a loan ?-Yes, and the Government approyei of it. That leads me to one other remark- I beheve it was formerly tnought (an opinion which has now declined) that perhaps we ought to have applied sooner to the Government. Now by the Act for carrying on the affairs of the colony, they were devolved upon the commissioners; we had no business to go to the Government in any ordinary circumstances ; so much so that m a ca^e which occurred only the other day, the Treasury said they would not mtertere with our ordinary dirties under the Act, but that we must obey the law and pentorm our proper functions. That was in reference to a minor question, but it shows the principle. 1 a j 629:. Mr. Vernon Smith.J You considered it your duty under the Act under which you were appointed, to keep aloof from the Treasury ?— It was the opinion of the law officers that upon us devolved the responsibility of managing the finances, and therefore we had no excuse for going to the Government, except in a period of extraordinary emergency. The question when such an emer- gency had in point of fact occurred, was unavoidably a question for our dis- cretion ; and whether our judgment upon it was right or not, depended upon whether, when we did go to the Government, they found reason to change our course. Now what was the fact? We said to the Government, we have been paying bills : shall we go on ? They said, yes. We said, we propose to take a loan ; the Government said, take it. 630. In the month of July you had no notion that the bills would have come in upon you in the constant succession in which you found they did afterwards in August ? — The great change arose out of a despatch of Colonel Gawler's, I believe one of those now before the Committee, in which he announced plainly that he could neither reduce his expenditure, nor increase his revenue. 631. What was the date of that despatch ? — ^The 26th of February 1840. 632. Chairman.^ WiU you read the words to which you refer ?— ^^In a pre- ceding paragraph I have said that I cannot estimate that the proper expenidi- ture for some succeeding quarters will fall below the standard of that ending on the 31st of January last. It should be added, that I have long had it in earnest consideration, and have brought the question several times before the Council, whether with the limited funds that exist for meeting that expendi- ture, it is not imperative to reduce it by a large reduction of the survey, police, and harbour departments, and to take the consequences of such a measure. It is only a deep conviction, founded upon the broadest evidence, that those con- sequences would be most ruinous to the progress and prosperity of this hitherto most flourishing colony, that restrains me from acting upon it." In another passage of the same despatch he says, " I assure the commissioners that I have not shrunk from the duty of imposing taxes to meet the public expenditure, but the difficulties in the way of legislation, especially on this subject, have been, I may with propriety say, immense." 633. When was that despatch received ?— I cannot state the date of its receipt now. I wish to add, that I believe that is not the only evidence upon the subject ; I quoted it because I knew the despatch was before the Com- mittee ; I believe that we have other documents to the same effect, and our conclusion in August was not founded upon any single despatch, though one may be more striking than another, but upon the general tenor of our advices. 634. But SELECT COMMITTEE ON SOUTH AUSTRALIA. 67 634. But your advertisement for a loan in July was previously to receiving T. Frederick EUiot, information of those facts wkich produced the smbsequent apprehensions in your minds ? — I know that we advertised previously to the receipt of the despatch just quoted. And then, subsequently to the receipt of the despatch, events were continually confirming our conviction that the bills would not stop. The loan was advertised for on the 2lst of July 1840. 635. On the credit of the colony,, without any Government guarantee ? — Yes. 636. Did you receive any tender for that loan ? — None. 637. Lord Mahon.'] It is mentioned in the despatch of the 26th of August, that the despatch enclosed from Colonel Gawler was received since your last communication, that communication being dated on the 7th of July. Therefore the Committee may conclude that the letter of Colonel Gawler was received some time between the 7th of July and the 26th of August?^ — Yes ; I suppose it to have been received very shortly after we advertised for a loan, but certainly afterwards. No offer was made. That leads me to one other subject worth mentioning to the Committee, We not only had not post- poned our loan till our means of pa3T3aent had run out, for we now have cash in our treasurer's hands, (a httle balance that remains,) but we did not postpone it so as to render it impossible to raise a loan. The Committee will find in our letter of the 26th of August, signed by all the three commissioners, the follow- ing passage i — " Although the apprehensions which arose on the foreign rela- tions of the country interrupted the progress of arrangements, we have every reason to beheve that within a very short period from this time the measure might be completed." The difficulty, therefore, was not that we could not get the money, but that we could not honestly take it at that date. Now how would that question have been affected by our going earher into the market ? If we had lost the opportunity of getting the money we should have been to blame for not getting it earlier ; but we had not lost the opportunity ; it only turns out that in the month of August we could not honestly take the money. And are we to regret that we had not gone in June or July, because from the state of ignorance in which we were at that time, we might have pleaded that it was unknowingly we led the loan contractor into very great losses, which after aU, I may add, would not have been sufficient to extricate the colony ? 63.8. Do you mean that a loan of 120,000 1, raised in the early part of last year would not have prevented the insolvency of the colony ? — Certainly not ; since we are insolvent for 210,0007., and since the Act compelled us into all tite expenditure. 639. Captain A'Cowrt.'] The colony was not insolvent to that amount at that time 5 — No, but the money had aU to be expended upon emigration : we were to repay it to the emigration fund, and the Committee will find that there was no part of the expenditure which we were at Mberty to avoid. 640. Mr. Hope.'] Does not the 210,000^. take into account the debt to the emigration fund r — Certainly. 641 . And therefore the colony was not insolvent to that amount ? — Not to individuals, but the fundamental principle of the colony is, that the emigration fund must be replenished. 642. Mr. Wood.} The emigration fund was money in trust to be expended in sending out labourers ? — ^Yes, and that suggests a further remark. There was no one on the Board who would have said, " Let us pay the individuals to whom we owe money, and let us neglect the emigration fiind." I may safely assert this, for even so late as November, when we had gone to the Govern- ment for aid, we discussed that point, and we said, " If the money is put into our hands without condition, we must obey the law before everything else ; we win not go wantonly and spend money upon emigration tiU Parliament meets, but we cannot pay it away to the biU-holders, unless it is made a spe- cial provision in advancing this money, that it shall not be advanced except upon that condition." If, therefore, we had got money in July, no doubt we should have replenished the emigration fund first of all : we should have abided by the law. 643. Have you incurred any voluntary liabilities of any kind since the time you were apprehensive of the solvency of the colony ? — No. Early in June we made the last advertisement for a ship ; in the latter part of June we became uneasy, and then, for the first time, we suspended our emigration. 644. Chaii'man.l When did the last ship leave the country with emigrants r K2 —The £sq< 5 March 1841, 68 MINUTES OF EVIDENCE TAKEN BEFORE THE T.Frederick Elliot, —The sWp that was advertised for in June left in the end of August; there v^sq- has been none since the ship advertised for in June. Ti ~ 645. Mr. Vernon Smith.] Are you aware whether any private emigrants .5 March 184U j^g^^g g ^^^ p — J jj^yg jjQ accurate information upon that point. 646. Lord Stanley.] What is the time of year at which it has been generally found most advisable to send out emigrants to South Australia ?— We have never suspended the emigration during any month but January. I confess, however, I think it would be more prudent, from November to January inclu- sive, not to send off large bodies of people from the English Channel. 647. With reference to what circumstance ?— Two circumstances princi- pally ; first, the great inconvenience in a crowded ship of meeting gales of wind the first day or two at sea ; and, secondly, the bad effect upon the people's health from coughs and colds prevailing, which often lead to worse complaints. 648. But with reference to the period of the year at which it is least desir- able that an influx should take place into the colony, is there anytime to which preference should be given over any other season ? — I think not. They have been so anxious for labour in aU the Australian colonies, that there is no month in the year in which I do not believe they would be glad to see the people. 649. Chairman.] You were understood to state that an immediate advance to the colony of 210,000 l. would enable you to discharge your existing liabili- ties, and to carry on the affairs of the colony under the Act of Parliament ; do you mean by that, an advance of 210,000 /. by way of loan, or a free gift from Parliament to the colony ? — If a free gift, so much the better for the colony. 650. But do you mean to say that an advance by way of loan charged in the first instance upon the security of the colony to that amount, would free you from your present liabilities, and prevent the recurrence of the difficulties in which you are placed ? — No ; I merely meant that it would discharge our debt, and enable us to start fair. With reference to a provision for the future, I should wish to say a great deal more before I pretended to offer an opinion. 651. But assuming that the finances of the colony were placed upon a pro- per, footing, and under efficient control, do you think the colonywould.be able to pay the interest upon a loan to that amount, and to repay the principal within a reasonable period, and also to provide for its current expenditure ? — Instead of answering that by giving a general opinion upon the question, per- haps it would be better that I should submit to the Committee what data there are for coming to a conclusion upon the point. I cannot vouch for. their accu- racy as I could wish, because, as has been often mentioned, all the accounts and statistics of the colony are sadly imperfect. Perhaps the best way will be, first to state the revenue and its prospects, then to state the establishments, and then to take into account the interest on the debt. 652. Lord Stanlei/.] What you are going to state now, is founded upon a state of things arising out of a population of 15,000 souls at present in the colony, their wants and their capabilities of production ? — Yes ; the revenue will be stated upon the population of 1839, which will have been less than that of 1840. 653. Chairman.] You take 1839 as the latest information you have ''—For the first quarter of 1839, we have no authority but a newspaper The revenue is there stated at 2,862 l, that is at the rate of about 11 500 Z a year The second quarter, we have from Colonel Gawler 4,375 Z., that is ' at the rate of 17,500 1, a year. For the third quarter, w^ have only a half quarter's account likewise from Colonel Gawler. The half-quarter is 2,738 7 -^ twice that ha^f' quarter would therefore be 5,476 I, that is at the rate of nearly 22 000 I a vear qua^tr P-No?rw£l"r ''™ ™ '""""' "' '""^ ''"^^^ ^ "' *e .hW 655. Have you no account of the total of the vear is^o ? xr^ x. ^ The first niiarfpr nf l«4n wn« 7 q-zi / *t ^ • ™, ^^^ r— None whatever, ine nrst quarter 01 1S40 was 7,371 /., that is at the rate nf n1ir.„+ 00 t^nn i a year. I have a twofold object in stating this by quarters T^r^l '^K the fact that we have not all the materials we coufd S S* rSr tVl ff the Committee information; and, secondly it is ver ^^5° ? ^? ^^^ ''^^^'^ that the revenue has been steadU; proSve unToTl, 'f '^^^<^?^J^ *« Perceive, C,s6. Lord HomcL] Is that t^I SZTolZtt.lf-^^ul °' ''''■ 657. Lord SELECT COMMITTEE ON SOUTH AUSTRALIA. .69 5 March 1841, 657. Lord Stanlei/. 2 Are those returns the gross or the net revenue ? — The T.Frederick Elliot, gross. '^' 658. Not deducting the expense of collection ? — No, the expense of collection is to be deducted, 659. Mr. Parker.'] Have you any idea what the expense of collection would be ? — I have the charges for the Customs' establishment here ; I think the expense of the Customs in the first quarter of 1840 was at the rate of 3,800^. per annum. 660. Chairman.'] You have seen the Table given at page 133 of the printed Papers ; do you believe that to be a correct account ? — I have no doubt that is the best authority. 661. Mr. Gladstone.] With respect to the commissioners not having received an account of the expenditure for the year 1839, have you not reason tobeheve that Colonel Gawler himself did not receive the accounts of that expenditure until long after the period had elapsed during which it took place ? — I should be very sorry if anything I have said as to the incompleteness of our informa- tion, was considered to imply an imputation on Colonel Gawler. On the con- trary, one of the best features, I think, in Colonel Gawler's administration has been the unceasing anxiety he has expressed to extricate the departments from the irregularities into which they had fallen. We do not complain more in England of the want of information, than Colonel Gawler has complained in the colony of the impossibility of procuring and supplying it. He has again and again represented that he found the departments in a most lamentable state. I may perhaps be permitted to read the following extract from Colonel Gawler's address to the Council, in April 1840, page 126 of the printed Papers : " I regret that it is not in my power to enter closely into this last subject, from the circum- stances that the accounts of the first three quarters have only lately been trans- mitted to the auditor-general, and are in consequence stiU unexamined." Indeed I find that, in another despatch of 8th of April 1839, Colonel Gawler actually states that he encloses the accounts for that amongst other quarters of the year; but in the margin of the despatch I find the following words: *' These accounts were ordered by me to be prepared, and were in course of preparation in January last. On the 6th of this month I was assured that they would be ready by this day ; but now, when the mail is making up, they are not forthcoming." — Signed, " G. Gawler, 8th April." 662. Chai7-man.] Have you now completed your statement with respect to the revenue ? — That is all the information I have to produce upon the revenue. 663. Will you proceed now to the establishment ; can you state the gross amount of the establishment which would have to be provided for out of the revenues ? — ^The statement I shall make of the estabhshments wiU be computed upon the account of payments in the last quarter of 1839. 664. Mr. Vernon Smith.] Was that previous to Colonel Gawler's increasing the salaries of the pubUc officers, or subsequently ? — Subsequently. The pay- ments made in the last quarter of 1839, exclusive of the surveys, were at the rate of 20,000 /. a year. The payments for salaries, and wages for the survey depart- ment, were at the rate of 25,000 I. a year, making a total expenchture for salaries and wages, at the rate of 45,000 /. a year. Now there are one or two remarks to be made upon the subject of the survey department. In the year 1839, Colonel Gawler may be said to have had two establishments at once. He had the estabhshment that the Commissioners had sent fifom England, which I estimate cost about 7000 I. a year, and he had his original establish- ment in the colony, of which of course the cost would be 18,000 1, to complete the above total. The commissioners in England found themselves obUged to acquiesce in his continuing the old surveyors for a certain period. There was a question of good faith. Their services had been re-engaged after they had been dismissed, or had resigned, before the appointment of the new surveying esta- blishment was known. The commissioners, however, particularly intimated to Colonel Gawler, that they looked to his taking the first opportunity of reducing all those supernumerary surveyors who constituted the former establishment. We must not therefore take 25,000 I. as a permanent charge for survey. There is another remark of still greater consequence about the survey department. It is, I beUeve, the universal opinion of everybody interested in the colony, and it is the 0,21. K 3 decided 70 MINUTES OF EVIDENCE TAKEN BEFORE THE T. Frederick EUioi, decided opinion of the commissioners, that properly speaking, the expense of Esq. surveys ought to come out of the land revenues. It is clearly a charge to be deducted from the gross revenue. We do not care whether they are paid out 5 March 1841. ^f ^j^^ ^^^^^^^ . fj^j^ ^^^e, or whether a fee is charged on the delivery of the grant ; but in one shape or the other, we think the expense ought to tall upon the land. We might, therefore, exclude the expense of survey from our expectation of future charges. But if the colony is in considerable difficulties for some time to come, it is possible (I hope it may not be the case) that the sales may for a long time continue very smaU. That will not, however, be a reason to abolish the surveyors, for this would be to strike the flag at once, the colony being dependent upon selling land, and therefore we must keep a surveying establishment. I am afraid, then, that I must contemplate the possibility of a permanent staff of survey being chargeable to the revenue for some time. But we should save all the labourers' wages, for we should not employ labourers unless land was selling- 665. Chairman.'] But in order to charge the expenses of the survey depart- ment upon the land fund, an alteration of the Act of Parliament would of course be requisite ?— Certainly. Before the statement I have just made is complete, I must observe, that I do not believe Colonel Gawler's salaries have been excessive ; I am inchned to think the contrary. From a very rough esti- mate I have made, I believe, that instead of reducing the sum of 20,000 Z. a year, it would be necessary to add probably 1,000 I. more. Colonel Gawler's augmentation of salaries which has been alluded to, was only of the subordinate officers. He did not take upon himself to increase the higher officers, but he most strongly urges it, and so does every functionary in the colony. They are greatly underpaid, and this is probably one reason why we have neither had good information, nor regular conduct in the departments. 666. You think that 21,000?. may be taken as the amount which will be required in future years for salaries in the colony? — I state it with great diffidence, and submitting that our materials are very imperfect. I have only attempted, and that very recently, to make a calculation in a rough way ; but I should be incliued to estimate that 20,000?. ought to pay the establishment, exclusive of surveys. 667. Mr. Gladstone.] Does your knowledge of the prices of commodities in the colony enable you to state to the Committee what relation a salary of 500?. a year in the colony would bear to one of 500/. a year in England? — There is a very good report upon that subject by a board of officers who sat in the colony. If there is the least chance that the Committee wiU give their minds to the question of salaries, I hope they wiU allow that despatch to be laid before them. It would be the best guide to them in considering what salaries ought to be givten. 668. How are the salaries in South Australia, compared with those in the neighbouring colonies ?— Very low. Amongst other officers I would particu- larly specify the Judge. It is most painful to know, as we do, how much the Judge is underpaid, and to have no means of remedying the evil. His salary is 500?. a year. 669. Ca^tam A' Court.'} Does your estimate of 21,000?. include the Board in England? — No ; my estimate relates exclusively to salaries in the colonies. 670. Lord Eliot.'] Is any part of the expense of the existing commission charged upon the colonial revenue?— All the expense of the South Australian part of the estabhshment at home has been charged to the colonial revenue, except such clerks and others as were specificaQy employed on emigration and they were charged to the South Australian Emigration Fund. If the result of the inquiry should be to allow the general management of the colony to go under the Government, its lands and emigration would be managed like those of aay other colony, by the existing land board, and would cost the colony only a small fraction of the general expense, according to its share in the General emigration from the United Kingdom. 671. Mr. Eaikes Currie.] Do you know what proportion of the whole expense of the Board of Colonization Commissioners is charged upon the colony of South Austraha ?-The whole charge of the South AustraUan Colo- nization Commission, at the time at which the two Boards were consoUdated. Ihe old estabhshment remained for South Australia, and such portion as used to SELECT COMMITTEE ON SOUTH AUSTRALIA. 71 Esq. 5 March 1841. to be paid to the chairman has been appropriated towards the salaries of the com- T. Frederick Elliot, missioners. The principle settled by the Government was, that South Australia ^"" was to pay no more in consequence of the consohdation. I should add, however, that since the time when, owing to the difficulties of the colony, our business has unfortunately diminished, we have reduced very considerably the South Australian establishment. 672. Chairman^ What is the whole amount of charge to be provided for on account of the commission in London, out of the revenue of the colony ? — I can- not answer that accurately at this moment ; but I would repeat my former answer, that if the general management of the colony should pass under the Government, which I think the commissioners have strongly hinted at in their reports, I have no doubt it would be managed by the Colonial-office without any expense to the colony ; while its lands and emigration would be attended to by the existing Board, I suppose, with a very trifling charge. 673. Lord Stanley^ You stated that you do not anticipate that there could be a material diminution in the expense of the survey department. On reference to the papers put in before the Committee, you will see that out of 25,000 Z. charged on account of the survey department, a sum of above 20,200/. is charged in respect of labour. You were understood to state that although there could be no diminution in the staff of the establishment, yet the amount of land sold wiH regulate the amount of expense . for labour, which in this account forms the greatest part of the 25,000?. ? — ^That is precisely what I wished to convey. I did not mean to say that there would not be a great reduc- tion in the expense of the survey estabhshment ; quite the contrary. The largest proportion of the expense, as stated in the question, is for labourers' wages, which would be regulated by the extent of sales. I have calculated what the permanent staff might be roughly estimated to amount to in the survey department; I shoidd hope it would not exceed 3,000?. a year. 674. Mr. Wood.'] And the expense of labourers according to the amount of sales ?— Yes. 675. Lord Stanley.] Why do you estimate the amount at 3,000?., that being so much lower than the amount given in the Papers before the Committee, at page 148, where the amount is above 5,000?., exclusive of labour ?^ — Because in 1839, as I mentioned, there was a double survey estabhshment, which accounts for the large sum that appears in the account referred to. But I have cal- culated the staff which the Government ought to maintain in future, and which would accord with what has been authorized by the commissioners ; and I have considerable confidence in giving an opinion upon this particular detail of the establishment, because I have collated the result I arrived at with some opinions from the high authority of Captain Dawson, on the survey establishment that ought to be maintained for New Zealand. 676. Lord Mahon^ By a double staff you mean that there were maintained together the staff organized for the colony by Colonel Gawler and the staff taken out by Lieutenant Frome ? — Precisely so. Colonel Gawler, before he knew that the late Board of Commissioners had engaged the services of Lieu- tenant Frome with an adequate staff, had secured surveyors in the colony ; he could not dismiss them immediately, and the Board was obliged to acquiesce in his for a short time employing both ; there was ample employment for both, and it has been a great gain to the land purchasers. 677. How long is it supposed that both were employed? — That will depend npon Colonel Gawler's discretion. We have begged that he will dismiss those surveyors retained in the colony as soon as possible ; and we particularly alluded to the completion of the special surveys as a time when he might materially reduce his estabhshment. I do not know whether they are yet completed. 678. Mr. Vernon Smith.] Would Captain Dawson's estimate of the necessary expense of surveys in New Zealand bear out such an expenditure as you have stated here for South Australia ?— -Captain Dawson enters into the question about South Australia, as far as the data would allow, in his report, but it is hardly a subject for comparison ; he calculates the expense of surveying so many hundred thousand acres, labourers and all included; Captain Dawson does not calculate a permanent annual charge, but an acreage. The only detail that I have here attended to in Captain Dawson's report, is the amount of his permanent staff. 679. And you think that will justify you in supposing that the expense would K4 not ^2 MINUTES OF EVIDENCE TAKEN- BEFORE THE T. Frederick Ellioi, not exceed 3,000 /. a year ?— That justifies me in supposing that the permanent E^l- staff ought to be decidedly within 3,000 /. a year. ,, , „ 68o Mr Horn 1 Is not Captain Dawson's proposed survey on a totally mner- .Ma... 84. J^^rpifroirt on^hich Colonel light pr.ceed.d -Y^^^^^^ Dawson's is on a totally different principle fro"^. tha* of ^Snulnce ^Colonel ceeded; but the commissioners have prohibited the continuance ot l^olonel "^'m. i'uf^th reference to the expenditure which ha. been incurr^^^^^^^^ Australia, it was upon the original principle, was ^t^^J^ ^-^^^^^Xp iSed to a certain date was for a trigonometrical survey, and was ^^^^^^^^ 3™^!^^ but it is long since the commissioners wrote out to recommend the substitution of a running survey. u- t, ■ 682. Mr. Vernon Smith.-] With respect to the police establishment, which appears in the account contained in the printed Papers, should you think that a police establishment to the amount of 6,521 1 is a f ^^'^^'T P^™^S establishment for such a colony as South Austraha.^-I believe that colonies situated like those in Australia have never yet had a pohce kept within econo- mical Umits, unless they are paid' by some direct taxation m the colony; tne temptation is very great to increase the police force. Many ot mem are mounted. I mean in Australia, generally ; I am not now speaking particularly of South Austraha. They are mounted and sent to what are called the border stations ; and thus enable the flock-masters to wander over a much greater extent of pasturage than they could possibly occupy otherwise. , . , , 683. But with a population of not quite 15,000 persons, do you think it can be necessary to maintain a police estabhshment that costs above 6,000 ?. a year. —I suspect that if compared with that of New South Wales it would not be found Tery great. • i n/v 684. Will you look at the answer given by Colonel Torrens to questions 190 and 191, the latter containing these words: "The British colonists who went to North America, having Indians to contend with, who were a much more warlike race, required none of this fund for pohce armies ; they defended them- selves ;" and Will you state whether you agree in the opinion stated by him that the colonists might, to a great extent, protect themselves ?— I think that is only another form of saying that they must pay for their own protection. It is no answer to tell a colonist that he may mount a horse himself, and take a gun. He would rather pay, and the only difficulty is to settle how. 685. Chairman.'] Do you think that an efficient police force is essential to' the security of the inhabitants of the colony ?— An adequate police establish- ment is very necessary to the protection of the colony. 686. Do you think the estabhshment stated in these printed Papiers, to which your attention has been called, is excessive ? — We have hardly in our possession sufiicient information to give a positive opinion, but if I recollect right. Colonel Gawler, alluding to the subject, speaks of runaway convicts and disorderly sailors, and he might also allude to the aborigines. All those are circum- stances which require a police. 687. Are there any troops maintained in the colony ?— There are no troops iaaintained in the colony, and that certainly forms a feature peculiar to SoUth Australia. It is from the difficulty of jud^ng of the exigencies they may have on the spot, that I wish the police cbuld'be paid by some direct taxation. ' The colonists would then keep, up just such an extent of police as they felt was really necessary. 688. You have not included in your estimate of the establishment any charge on account of public buildings. Has there not been a very heavy charge on account of public buildings hitherto incurred in the colony ? — ^That is a subject on. which we have to lament the imperfection of our accounts. The only bills we know as matter of fact to have been drawn for buildings were autho- rized bills. There has been drawn, so far as we know, about 4,500 ?. for the government-house, and a similar sum for public offices. . Both those sums are less than what had been authorized by the late Board of Commissioners for those objects; and there has been a sum of 1,000 Z. for a wharf; which may, be considered to have been authorized, but we hav,e, not the least information whether, in the great mass of bills to the amount of many thousand pounds beyond what has been authorized, several may not also have been for public , . buUdings SELECT COMMITTEE ON SOUTH AUSTRALIA. 73 5 March 1841. buildifigs and works ; on the contrary, we have reason to believe that many are T. TredericP mid, for such works. Esq 689. Do you think it unnecessary, in stating the amount of the future esta- blishment and expenditure of the colony, to include any charge on account of public buildings ? — Certainly not unnecessary, 690. What amount would you add to the 20,000/. a year on account of the expenditure in respect of public buildings ? — I should hope, from the tenor of Colonel Gawler's reports, that he has erected many of the buildings of most Urgent necessity ; in his advice of bills he has only specified, so far as I have discovered, the three buildings I have mentioned ; but he has told us, in general terms, that he has been proceeding with a gaol, an infirmary, an emigrant dep6t, a customhouse, and some minor police stations. 691. Then, so far as your information extends, do you conceive that a great many of the public buildings, necessary to carry on the business of the govern- ment of the colony, have been completed? — I am sorry to say we do not know how far they are merely begun, and in progress, and how far they are completed. 692. Then you cannot undertake to say that there may not be a future charge of a considerable amount in respect of public buildings ? — I cannot. 693. Lord Mahon^ In the instructions to Captain Grey, it appears that the future expense is strictly limited to such as may be necessary to prevent dilapi- dation ? — Until he gets authority. But if he makes a sufficient representation, and shows a case, the building must be granted. The instruction to Captain Grey, instead of being an unusual limitation, is almost a concession ; for the standing order is, that governors are never to touch any public work until they have specific authority from home. 694. Mr. Vernon Smith^ Under the head of " public works" do you include roads ? — We have reason to know that Colonel Gawler has spent money upon roads, but we have no knowledge of how much. 695. Is that an expense that you would throw upon the emigration fund, or that you would draw from the revenue of the colony ? — ^The roads ought to be made, as they are in all new settlements that have most flourished, by the people them- selves living in the country. 696. Chairman^ By local assessment ? — By local assessment, or by contribu- tions of labour. 697. What has been the practice hitherto in South Australia ; has any expense incurred in respect of roads been provided for out of the general revenue or not ? — We know that some contribution has been made by Colonel Gawler towards roads, and we know that he has helped to build a bridge in the town of Adelaide. 698. But you would think it unnecessary to provide for that as a charge in future years upon the revenue ? — I should say decidedly unnecessary, especially in that country. I think that in every colony the residents along the line ought to make the roads ; no one who has travelled in America can have the least doubt how well that system wiU work. But it is even less necessary in. Australia to defray the expense of roads out of the public funds ; for it is an extraordinary fact, that from the borders of the old settled part of New South Wales to Port PhilUp, 300 miles, there is a road which you can travel in any wheeled carriage in the colony, that has not cost a single shilling to the public,, and very little to individuals, for the soil is so dry, and country so clear, that you have little more than to draw the carts one after the other, and a road is made. 699. Captain ^'Cowr^.J Have not convicts been employed in that way? — Not along that particular line. 700. Mr. Parker.^ If the colony came under the Colonial-office, and the Government sent out troops to South Australia in future, in some proportion to the troops they have sent to other colonies in Australia, would not that circum- stance cause such a reduction in the police estabHshment as to bear, in future, less upon the revemies of the colony ? — No, I think not. The sort of duty to be performed is not a duty that military can discharge ; I appeal at once to the experience of New South Wales. 701. Is not the defence of the colonists against the aborigines and against convicts a good deal in the power of troops to effept ? — It is very corrupting to the troops, and I believe, as far as possible, it is discharged by poUce. The 0.21. L whole 74 .MINUTES OF EVIDENCE TAKEN BEFORE THE •T. Frederick Elliot, whole colony of New South Wales is covered with poUce. .>" ^7^' Th^ve Esq. the limits of the settlement, what they call the mounted pohce, and you nave beyond the limits of the settlement what is called the ^^^der pohce Ihe 5 March 1841. border pohce are quite as much to keep order and peace towards the aborigines " ^riSmL.] Is the number of runaway convicts that come to South Aulralia considerable?-I have never met with an f ^-^^^e «f ^^^^^^^ number; but I have seen it stated, that they form a large Fopo'^^^^^^^of ^^^ people who are brought to trial in South Australia, so that I suppose their numbers are not inconsiderable. ^1 . i •„ i,„ ^.^^ov^o 703. But the only means by which they come to that colony is by escape from other colonies ?— They are not only runaway convicts, but time-expired- men 704. Then you include in the term "convicts," men whose time is expired? Yes ; I mean that the time-expired-men have been included, 1 beheve, in tHe statements I allude to. ^ 1 ^ n/r- 4. ■ 705. Mr. Eaikes Currie.-] WiU you refer to Governor Gawler s Minute in Council, dated the 3d of April 1840, in page 127 of the printed Papers, He says, " In considering the expenditure, it is important to bear m mind, not only the fact which has just been stated, that a very large proportion ot.it has been required by objects necessary for what maybe called the outtit ot the colonv, but also, that but a small proportion of it has been applied to the saia^ ries and direct expenses of the government, by far the greater part having gone- to the direct benefit of the colonists. By the accompanying very carefully compiled statement of receipts and expenditure, it appears that the actual expenses of the government for salaries, judicature, pohce, customs, and a variety of incidental expenses, has been 5,150 Z. 19*. 10 <^., while those of the land and survey departments, which form no essential part of the government,: of the emi^ation department, of which new colonists are the direct objects, and of pubhc works, horse and cart hire, and so forth, which flow directly into private purses, amount to 29,140?. 15*. U d." Do you consider this a fair and correct statement of the facts of the case ? — I have never doubted that it was a true abstract of the accounts appended to his minute. 706. Does that opinion accord very much with your own, with regard to the permanent expenses as contradistinguished from the outfit ? — I think it is quite fair to make a distinction between the outfit of the colony and its current expenses^ I must frankly say, that I think it was an oversight when the first instructions were given to the Governor, to send him a schedule consisting exdu- sively of salaries, and to desire him on no account to draw beyond that schedule. I think it was an error to sell lands in this country to a very great extent, and to say to the Governor, who was to deliver the article to the purchaser,. ." You must survey the land and deliver the article, and for so doing we grant you a list of salaries and wages, but positively prohibit any other expenditure," and this in a new country where no provision was made for transport, and no provision for subsistence. We all know that if you go to a new country, you cannot carry on the duties of a travelling establishment as they were in London, where there are vehicles at the door and shops in the streets. I must say, therefore, that I entirely excuse Colonel Gawler for not adhering to the letter of his instructions. The whole question is a question of degree, and I continue to think on that point what is said in our own letter, printed among these Papers. I think that though he might have said, you are mistaken in the details of your instructions, and he might have exercised his own discre- tion as to the details, yet the authorities Hving in England were to be con- sidered fair judges of the extent of credit they could command in England. I think, therefore, although he might have altered the disposal of the money as much as he pleased, yet as to the sum total, he ought to have striven to the utmost of his power to keep within his instructions. 707. Captain A" Court ^ Do not you consider a gaol, a government-house, and public offices as part of the necessary outfit of the colony ? 'They were obviously indispensable expenses ; but Colonel Gawler wrote very early after his arrival in the colony, and asked for an authority, and stated that he would begin in the meanwhile at least ; and the authority was granted. Those build- ings, therefore, the governmgnt-house and offices, are not part of his unautho- rised expenses. 708, Lord SELECT COMMITTEE ON SOUTH AUSTRALIA. 75 708. Lord Stanley^ You were understood to say, that in the amount of T. Frederick Elliot. 20 000 /., which you assumed as the probable expense of the estabUshment, you included the police ? — ^Yes. 709. You were understood also to say, that the 20,000 I. was to be applied to salaries and wages only ? — ^Yes, 710. And you compare that amount with the expenditure given by Colonel Gawler, of 5,150 Z. for the quarter on account of government charges, which you do not consider unreasonable ? — ^Yes. 71 K Are there not, however, many other items beyond those of salaries which come under the head of government expenses and police estabhsh- ment, which would have to be provided for over and above the 20,000 I. ; for example, the storekeeper's department appears to have cost 4,700 /. in a single quarter ; the harness and stores for the pohce, and horse hire for the poUce, and houses for the police, appear to have cost 2,304 I in a single quarter. Are all those items, with several others included in this list, to be considered as exclusive of that charge of 20,000 I. for the government establishment ; and if so, what is their probable amount ? — If I were to propose a scheme for the settlement of the colony, I should wish to exclude the police from the charges to be set against the ordinary revenue of the colony ; I should wish to leave the colonists to provide for this by some sort of local rate ; but if the police must remain charged to the revenue, there is no doubt there would be further charges for forage and stores. Those charges, however, which I trust may never come upon the revenue, would be, I beheve, the only part of the storekeeper's expenses that we need now take into account. The remainder I should con- jecture to have been entirely either for surveys, which will now not be in progress unless the land is selling, and then I would charge it to the land ; or else a very large sum for emigrants, which I should charge to the emigration fund. Emigration will not be going on unless land revenue is accruing. 712. Will you have the goodness to turn to page 113, and you will see that stores and expenses on account of the surveys and stores for the emigration department, are kept separate from the stores for the colonial storekeeper ; and that the stores for the colonial storekeeper, excluding the emigration depart- ment and the survey department, amount in one quarter to 4,725?., while the charge ,for the police stores amount, in addition, to 2,304?., making upon the whole average of the year no less an expenditure than 28,000 1, for those two departments : in what degree would you be prepared, in estimating the future expenses of the colony, to cut down that charge of 28,000 1, a year, which is over and above any application of money for salaries ? — I confess I do not know for what objects those additional stores can be intended ; but my opinion is, so far as I can at present call to my mind the different cases for which, on legitimate grounds, there ought to be an expenditure of stores, that the only large supply should be for the police, surveys and emigration, and for the marine. It is plain by this account that they go very largely beyond that amount. I am sorry to say that there has been a great deal of extravagance unquestionably in detail in the colony. We have quite enough information to show that. We have the report of a board of audit that sat in the colony, which gives many details that exhibit what I consider to be great extravagance. I have seen, not merely forage for horses for the governor and surveyor, or assistant land commissioner, which might be fairly allowable, but also a charge for horses purchased for them ; and I have seen the purchase of pieces of ordnance, because they thought the state of Europe unsettled; I speak of a period long prior to the end of the year 1840. All I would infer from this is, that possibly the expenditure for stores, exclusive of the three great departments I have considered, may have been superfluous, and may admit of being reduced ; but I am quite in ignorance what the stores have been for. 713. Have you made any calculation of what addition ought to be made to that amount of 20,000 l. in respect of those items which appear here to involve an expenditure of 28,000?. a year ? — I should be able to give that information better at the next meeting of the Committee. 714. Lord Mahon.] What is to be the salary of the new governor. Captain Grey ; is there to be any reduction ? — No ; it is to be 1,000 ?. a year. 715. Mr. Wood.} What articles do you suppose are included in that item in page 134, "Stores for colonial storekeeper, 4,445?." for one quarter? — I am not aware. 0,21; L 2 716. For Esq. 5 March 1841 . r. Frederick Elliot, 76 MINUTES OF EVIDENCE TAKEN BEFORE THE uc,..„ ^...., - 1 6. For what purpose do you suppose those stores are intended ?-I have Esq. no information beyond what is contained i» that document. . 717. That accountis signed by "J. Ato^df^^J^ckson coW^^^^ 5Marchi84X. accountant-general;' and it is dated " Colonial Treasury, 24tti February 1^0 have the colonial commissioners called for any explanation of that otticial reTrn in consequence of the vagueness with which it is prepared eoncermBg some of the items ?-The minute in which it is enclosed is^ dated April 1840. uTom not havTbeen before us untH long after the time when the colony feU Lto this confusion, and Colonel Gawler was recaUed, and since that time we have been waiting for a committee to sit, and for a general course to be deeded. . 718. a«1m««.]Wm you, before the next meeting of the Committee pre- pare an estimate, as far as the documents in your possession e^^J^^l^ J"" ^o d^^^^^^^^ of the gross expenditure of the colony which will fall upon the colonial revenue during the next few years ?— I wiU endeavour to produce such a statement. 7i|. Lord Stanley.-] Can you form any estimate of the probable amount to which in the last few years the colonial revenue may have been swelled m con- sequence of the very large expenditure which has taken place by the local government, and of the effect which the. curtaihnent of that expenditure may have upon the amount of revenue ?— That is a most material point to attend to. In my answers hitherto, I merely mentioned the matters of fact as they were; but it is very important to consider how far we shaU be entitled, assuming the same number of people, to expect, if there are difficulties and a financial crisis, the same revenue that we have had when there was a very large government expenditure going on. 720. Chairman.'] Will you proceed to state the amount of interest which will be chargeable upon the revenue, on the assumption that a loan of 210,000/. will be made to the colony ?— The present interest on our pubhc debt is rather less than 7,000 /. a year. If a loan of 210,000?. were raised under a ParUa- mentary guarantee, at 4 J per cent., that,, it is evident, would entail a charge for interest of more than 9,000 /. a year ; the total charge for interest therefore would be about 16,000?. a year. , 721. Then you would have to add to the gross expenditure of the colony to be provided for out of the revenue, a sum of 16,000 ?. to be provided for interest ? — Yes. 722. Do you contemplate the possibility of paying off the loan by instalments within any given period? — I am afraid when you have added together the necessary establishment, and interesst on the debt, and compared that with the revenue up to the latest accounts, you will find that there will be nothing to spare for a sinking fund. 723. Is not the security of the revenue very deficient, even to provide for the interest of the debt after paying the necessary estabhshment of the colony ? — Clearly ; we have seen enough, without waiting for th? statement which is to be produced at the next meeting of the Committee, to perceive that the colonial revenue up to this date would be much less than the amount of the estabhsh- ment, and of the estimated interest on the debt. 724. Ca-ptain A" Court.] Supposing the Act of Parliament were altered, would not the land fund be sufficient gradually to redeem the debt ? — ^The amount of the land fund would necessarily depend upon the general condition of the colony, and its general estimation with the public ; it is a very difficult element to calculate. 725. Mr. Fernon Smith.] Whatever is taken from the land fund will so far -diminish the means of raising the prosperity of the colony? — It would diminish the means of increasing the population so far as we deducted it, but the ques- tion is, what is best for the colony upon the whole. 726. Chairman.] Do you mean to suggest an alteration in the Act of ParUar- ment to the extent of rendering the whole proceeds of the land sales applicable to general purposes, reserving no part for emigration ?— The commissioneit have never given any opinion to that effect hitherto ; nor have I sufficiently considered the subject to be at all prepared to give an opinion that the whole land revenue should be taken for the debt. Indeed, I think it might probably be fatal to the colony. 727. Would it not most materially interfere with the prosperity of the colony, and with the means of keeping up its cultivation even to the present amount, if there were to be a complete stoppage of emigration of the labouring classes to SELECT COMMITTEE ON SOUTH AUSTRALIA, 77 to the colony ? — I think that it would he likely to dry up the sources of land revenue, to let no portion of it he spent in emigration. The only question I can conceive for the Committee, and that wiU still be matter of doubt, is whether some portion, say one-half of the land revenue, should be appHed to the debt. 728. hori Eliot.'] Supposing the revenue of the colony to increase in the same ratio that it has done the last few months, would not there then be a suf- ficient surplus to provide a sinking fund ? — In order to answer that question correctly I ought to have a calculation of the amount of population whil^ the revenue of 1839 was accruing; I will make that calculation before I next attend, and will then state its bearing upon the present question. 729. Is there any reason to doubt that if the present financial embarrass- ments were removed, the revenue would continue to increase in the same pro- portion ? — :It has already been mentioned that the revenue may, to a certain degree, have been increased by the larger amount of government expenditure which has been going on, and which it is now proposed to reduce ; another element that will necessarily tell upon the future increase of the revenue, is how far our land sales and emigration may continue. 730. Do you know what the present amount of capital invested in the colony is ? — I have no sufficiently accurate information to be worth mentioning ; there is a company, a wealthy and influential company, and also individuals of great pubhc spirit, interested in the colony. I should be very sorry to say anything that seemed to despair of its prospects. 731. Mr. Vernon Smith.J Have you any other suggestion to offer as a means of increasing the prosperity of the colony ? — Upon that subject I am afraid I must ask leave to offer some explanation upon a passage in a letter signed by myself, in common with others, in the Papers laid before the Committee. The passage which I allude to is near the end of the commissioners' letter of the 7th of July 1840, at p. 89. It relaties to the boundaries of the colony. At the time when I, for one, signed that letter, seeing the difficulties that were coming upon the colony, I was exceedingly anxious not to prevent the throwing out of any topic that any of the Board thought might serve to the advantage of the colony. There certainly were some topics which I found it impossible to agree in ; and it is only because I do not think it worth while to take up the time of the Committee that I do not now enter into any explanation of the grounds why I did not agree to those ; but wherever I had a doubt, I thought it my duty not to be an obstruction to throwing out the idea. Upon this proposal of enlarging the boundaries, I thought the Government might judge ; and therefore, although 1 had doubts at the time, I acted upon that view. I beUeved that the informa- tion mentioned to our Board was probably sufficiently correct to justify the Representation. I must say that I now take a totally different view of the question of the boundaries, and with permission, I will proceed to state my Reasons. I see in Colonel Gawler's despatch. No. 30, 30th of August 1839, this passage : " The occupation of the Murray, from its mouth in the lake to the great south bend, would have a most beneficial effect upon Adelaide itself, and go very far to facihtate the settlement of the whole district from the Murray to the Gulf." He then goes on with this passage : " Then this district, taking it in all, I am every day persuaded there is scarcely to be found a finer in the world for agricultural as well as pastoral purposes." That is more than could be said almost of any district in the whole of New Holland, as far as we know, and I believe it to be correct. 732- Chairman.'] That statement refers to a district within the present Umits of the province of South Australia ?■ — Within the present limits. I believe it to be correct. This same account, which Colonel Gawler gives in such strong language, was, I understand, confirmed by Captain Grey, while he was in England, who is an excellent authority upon the merits of the soil in Australia, for few men have travelled over a larger space of the country. There are also passages to a similar effect in the Commissioners' Third and Fourth Annual Reports, which are before the Committee, at pages 6 and 7. I would just read this concluding sentence, inserted after a whole string of corroborative authorities and quotations : " From this concurring and authentic testimony, we cannot doubt but that, at no distant period, the district lying eastward of St. Vincent's Gulf, and containing millions of fertile acres, willbe, appropriated to settlers, at prices not less than 1 I. per acre." — In the Fourth Report of the late commission, at pages 13 and the following, which Report was sent in by 0.21. L3 one T. Frederick Elliot, Esq. 5 March 1841. 78 l^INUTES OF EVIDENCE TAKEN BEFORE THE T. Frederick Elliot, one of our colleagues in July 1840, much about the same date as the letter ^'i- from him and us, in which was hazarded an idea of extending the limits of s M h R ^^^ colony, there is a variety of evidence to the same effect ; among others* tS4i. quoting Captain Sturt, an excellent authority, who speaks of millions of acres of rich soil in the same district. 733. You refer to a passage in the Fourth Report, which begins, " From the concurring testimony of the most competent witnesses the commissioners are led to believe that the province of South Australia is the most fertile counfay" hitherto explored in the extra tropica! division of New Holland ? "■ — Yes. But this is not all. Here is a very recent despatch from Colonel Gawler, who has been travelUng a great deal: " The land already surveyed would well bear from 30,000, to 40,000 inhabitants, while the districts actually sold would support in comfort double those numbers. The really available land between the Gulf St. Vincent and the Murray, including the course of this river from ' the great bend' downwards, might well contain from 100,000 to 200,000 inhabit- ants." That is all within the present province of South Australia. Now, in all I say here, I trust it will not for an instant appear that I speak with any unfriendly feeling to the colony. Very far from it. But we must remember they have neighbours, and that what we give to them, is taken away from their neighbours. The area of South Australia is 310,000 square miles, and it contains upwards of 198,000,000 of acres ; that is double the size of the three British Islands ; it is in point of extent a very respectablte rival to the kingdom of France. A great deal of the land will, I dare say, be found utterly unprofitable and waste; but that is the condition of every country in New Holland. Port Phillip is better situated, certainly, than most in that respect; but even Port Phillip must expect to find a great deal of waste land that it can never use. Port Philip, if the Committee were to take the trouble to look at the map, is incomparably smaller than this vast area of South Australia ; and now by a despatch which I have seen for the first tune this morning, I find that people from New South Wales and Port PhiUip are taking possession of that very spot which we have been made to propose to sell, to raise a revenue for South Australia. That appears in a despatch of Sir George Gipps's, which iS just going to be printed for Parliament, dated the 28th of September 'l 840. 734. You mean that it is within the limit of the government of New Sbuth Wales ? — Yes. 735- And the appropriation of land in that district is subj,ect to the existing regulations as to the colony of New South Wales ^— It is. I do not rest my case at all vpon this fact ; I merely mention it as having happened to see it this morning. With the most friendly sentiments, then, to South AustraUa, I still conceive we must think of justice to others; and I think it would teU very ill to Port PhiUip, to say. You two colonies have started about the same period; you at Port Phillip have succeeded, your neighbours are for a moment in troubles (I hope they will not be of long duration), but because vou have prospered, and because they are in difficulties, you are to be mulcted of nart of your territory, and to aUow it to be sold for the benefit of South Austraha I am anxious to say, that I have quite changed my nmid, or rather confirmed the original doubt I had, upon that question. 73^. Independently of the consideration affecting New South Wales or Port Phihp do you think that so large a tract of available land remaining in South Australia to be^sposed of, renders unnecessary any extension of the litM?s of the colony ?-I do indulge great hopes that ample quantities of good W Im be found in South Australia. I heheve it ma/boast of the best soil of 7^ country in New HoUand, in some parts of its territory. We do not Low ^^ 737- So far as your information goes, you see no reason now to annrehend a stoppage of land-sales and emigration, arising from the impossiMi^fof find mg land avadable for settlement within the present limits of Oie co bnv ? ft not beheve that the sales wiU stop for want of good land. ^ ~^ *^° .V. ^f- ^^' ^«P^-J. Your attention has been drawn to a passage in na^e 9ft nf the Fourth Report in which there is an accurate estimate give^oftEulh"! of acres available for tillage and pasture. Do you know whether that kSl - upon any particular data ? It is there stated thlt 4,385,048 aSS Se avafS for SEtECT COMMITTEE ON SOUTH AUSTRALIA. 79 for pasturage or tillage ?-^I never read that Report until it was in print, and I have no knowledge of the authority for any of its statements. 739. Lord -E?w?.] Do you know whether or not a large portion of the total number of bills protested, in consequence of non-payment, are still in the hands of persons in this country, and not yet returned to the colony ? — I have no doubt that gentlemen who may have attended the Committee from the city, would be able to give them much better information upon that subject. The commissioners are perhaps the last people who would know, because, from the nature of the case, unfortunately, we can hardly be justified in giving anything likC' advice to the holders how to proceed. They have our warmest sympathy, and we should be most gratified to see them paid. Merely speaking from the probability of the case, and from one or two pieces of information I have heard, it seems reasonable to suppose, that having, as they consider, a strong claim upon the Gov^nment, and knowing that if they went back to the colony they would probably find things in a state of confusion, a great majority have kept their bills, and now have them in England. 740. No communication has been made to you to the effect that Govern- ment, not having proposed to Parliament to introduce any measure upon the subject, they are about to return those bills to the colony ? — No information has been conveyed to us officially upon the subject. 741 . You are not aware that such is the fact ? — No. 742. In your opinion, would the consequences of the arrival of those pro- tested bills in the colony be very injurious to its prosperity ? — In so far as there may be in the colony certain parties besides the government who are respon- sible for the bills, people who have endorsed them and so on, I have no doubt whatever that the consequences might be exceedingly injurious ;— injurious, that is to say, if the parties who have held the bills in England during this long interval of now nearly six months since we began to refuse the bills, if those parties, while this Committee is sitting, should now take the desperate course of sending back their bills to a place where there could be little hope of get- ■ting them paid, when there seems a chance of some decision before long in England. T. Frederick Elliot, Esq. 5 March 1841, George Fife Angas, Esq. called in ; and further Examined. 743. CAmVjwfflw.] ARE you now able to give an answer to a question put to you yesterday, with, respect to the amount of notes which the bank connected with the South Australian Company may have in circulation ? — The notes in circulation on the 30th September last were 17,500 /. The specie held by the bank at that time was 1 4,090 Z., and on a former occasion we had 25,000/. of specie in hand, having always made a point of keeping a large stock of bul- lion for the general purposes of the colony. The liabilities of the bank were, at the same date, 110,720/., the assets 228,620./, leaving a siirplus of 117,900/. I believe I stated in my evidence about 120,000/., so that it is nearly that sum. I wish to observe further, with reference to the price of land at the port being 1,500/.. for an acre, that increased value arose from the company having expended about 22,000/. in making a quay and wharf, a road, and other improvements, which of course gave a very high real value to the lands in the immediate neighbourhood. The account of tiie port stated that ships of from 300 to 400 tons may lie alongside the wharf at low water, drawing 15 feet. ;I had a vessel of my own there when the last accounts came away, of about 303 tons, and the captain speaks of the harbour in very high terms. At any -time, when it may be the wish of the Committee, I can go into the question of the lands, terms of the leases, and so on. 744. Lord Stanley I\ With respect to the bank, you state the liabilities to ..have been about 110,000/., and the assets 228,000/.; can you state what those assets are composed of„? — I cannot now state it ; I have not a recollection of the. particular items ;* the proportions are as usual in banks. 745. What proportion may consist of colonial bills which you have dis- . counted ? — I cannot speak accurately upon that question. I would observe with reference to the redemption clause in our leases, which was alluded to in my last examination, that many of the farms are about to be redeemed. The price of redemption is 1/. 10*. per acre. The usual rents of our leases are from 0.21. L 4 1*. 6(/. G. T. Angas, Esq. 80 MINUTES OF EVIDENCE TAKEN BEFORE THE GF.A>,gas,B^q. Is. 6d. per acre to 10*., varymg according to the situation, circumstances, ---r^. and the nature of the soil. Inquiry was made as to the nuniber ot acres oi 5 March 1841. land possessed by the company ; I have ascertained that : 16,000 acres 01 lana were purchased of the commissioners directly, and five special surveys, making together 36,000 acres. I thought the company had purchased some land trom other quarters. I find, however, that only very small portions of land have been purchased by the manager of the company in the colony, and those were made chiefly with a view to improving particular sections of the company s land, such as making roads and objects of that nature. The prices given have been very little more than the first cost of the land, of 20*. an acre. Inqun-y was made yesterday respecting the principle on which I made the calculation- ot 30 s. per head as the amount of taxation ; I will explain that. I took the two first quarters of 1839, amounting to 7,237 ^., and doubled it, making tor the year, 14,474 I. -, at that time the population consisted of about 10,000 souls. 746. Lord Stanley.'] Since that time the colony has increased to about 15,000, and the receipts to about 31,000 I. ?— Yes ; so that the present rate is about 40*. per head. I stated that I thought the colonial debt might be paid off in five years. I did not wish to convey the idea that it would be expedient to adopt that course, but merely that the resources of the colony would be sufficient for the purpose. 747. Chairman.'] Can you state within what period you think it might be reasonably expected that the debt would be paid off ?— I am not prepared to answer that question ; it would depend a good deal upon the future operations of the colony. The South Australian Company have five vessels employed i^ the black and sperm whaling trade, besides small craft in the neighbourhood. 748. Captain A'' Court.] Are not you withdrawing them by degrees? — ^We are withdrawing them from the sperm whale fishery. The coasting 'fishery, though the company should withdraw from it, will fall into private hands. 749. Lord Eliot.] Are you prepared to make any further statement as to the intentions of the parties holding the protested bills ? — I have conversed with one of the gentlemen this morning, and find there is a disposition to wait a few days, if there were an early prospect of their retirement. 750. But they probably would not continue to hold them beyond a very mited period? — I think not. 751. Mr. ParJcer.] How soon will anymore ships go out after this next week? — Not for many weeks, I apprehend, I have ascertained since ' I was last before the Committee, that one of the vessels is to sail on Tuesday next, but that it is not likely to leave the riter until the end of the week. Mr. Edmund John Wheeler, called in ; and Examined. Mr. E. J. Wheeler. 7^2. Chairman.] ARE you the Manager of the South Australian Company ? ' "*'— I am. . ' 753. Have you been manager of it from its foundation ? — Yes, for five years 5 rather more. [ ' 754. You have an intimate acquaintance with all its concerns ? — Yes. 755. What is the present subscribed capital of the company? — It is rather above 400,000/. . 756. How much is paid up ? — About 320,000 Z. is paid up, speaking in roiind numbers. 757. Lord Eliot.] Are you prepared with a statement of the weekly bank returns? — No, I am not. .1 758. Can you state the amount of the circulation ?— The amount of circula- tion, I believe, at the last return, is about 17,000/. i 759. What was the amount of specie in hand? — Close upon 15,000/., I believe. At times, it has been much more ; we have had as much as 20,000/. to 25,000/. in hand. 760. What quantity of land has been bought by the company ?— The com- pany hold, I believe, about 38,000 acres. > i 761. What quantity has been bought at different times by the company ? — Its first purchase was about 14,000 to 15,000 acres; it has purchased since about 20,000 in virtue of special surveys, and it has purchased land orders in the colony to the amount of about' 2^000 to 3,000 acres. ■ ' 762-. How SELECT COMMITTEE ON SOUTH AUSTRALIA. 8i 762. How much has it sold ? — ^I think its actual sales altogether will not Mr. E. J. Wheeler, exceed above eight or ten acres, and those at the new port. It has let with rights of purchase, but I am not aware of any other sales than those at the 5 March 1841. new port. 763. Lord Stanley.'] Are the Committee to understand you to say that you had, at the last advices, 15,000 I. in specie apphcable solely to the purposes of the bank ? — Close upon that amount. 764. You had at the same time 17,000?, out in your own notes? — About that sum. 765. What other Uabilities ? — Not having the papers with me, I cannot say positively, but as far as my memory serves, I think about 100,000 I. 766. You are not prepared to go into particulars with regard to your assets* or Uabilities ? — I am not prepared to go into minute particulars. 767. Are the transactions of the bank kept wholly distinct from the other transactions of the company ? — Entirely so. 768. Lord Eliot.] At what rate was the land of which you speak at the new port sold? — The price varied from 1,300 (. to 1,500?. or 1,800?. per acre. But that price was caused because we had expended from 22,000 I. to 25,000 ?. in making a road across a swamp, and in making an embankment there ; it was of no value till we made that outlay ; it was in consequence of that outlay that purchasers were found for the land ; we only sold about eight or ten acres of it ; it was sold to merchants, storekeepers in Adelaide, for the purpose of building warehouses there. 769. Lord Stanlei/.] Were those purchases made for cash ? — No ; the purchases in those colonies are generally made a small part in cash, and the remainder on credit for indefinite periods. 770. Pan you state what portion of those purchases made from you«were paid for in cash, and what portion upon credit? — I think the deposit is about 10 per cent, in cash ; the credit varies from three months to seven or ten years, depending much upon the price given. 771. In the case of those purchases which have been made, where you have stated the price to have been from 1,000?. to 1,500 ?. an acre, what was the credit ^ven, and what was the amount paid down in cash ? — I am not aware of any larger amount paid down in cash than the 10 per cent, deposit. 772. What was the length of credit given in those cases ? — I should think some would run as far as seven years or upwards, some might be within three or four ; I can, if the Committee wish, get that information ; I have not it by me now, not being aware what points I should be asked. 773. Are the Committee to understand that in the purchases so made, and for which a credit of from seven to ten years was allowed, interest was charged upon the sum remaining unpaid or not ? — In most cases I believe they bear interest. 774. Can you state what security the company took for the payment of the principal and interest ? — I am not aware of any, except the land itself; we had the deposit in the first instance, and we dealt with respectable parties. 775. Lord Howick.] You had the land and the buildings upon it as security for the remainder ? — We shall have the buildings when erected, 776. Mr. Parker.] You do not transfer the land till the first instalment is paid ? — I think it is so. There may be some collateral security upon it ; but that is a detail that I am not aware of. 777. Chairman.] Are you aware whether there is a conveyance from the company to the purchaser when the deposit is paid, or is the conveyance delayed till after the payment is made in fuH? — I think at present *the convey- ance has not been made ; but whether it is delayed till the payment is made in full, I cannot say. 778. Captain A" Court.] You do not reserve the power of re-entry in case the conditions of payment are not complied with ? — Not to my knowledge. 779. Mr. Gladstone.] Have such instalments as have fallen due up to the present time been paid duly 1 — We have no complaint of irregularity yet, 780. Are you aware whether any considerable amount of instalments have become due ? — ^The whole amount is rather inconsiderable, being only eight or 10 acres that we have sold there altogether. 781. Lord Stanlei/.] You stated that the company had laid out from 22,000 /. to 25,000 ?, in making a road across a swamp, and wharfs ; are the Committee 0,21. M to 82 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. E. J. Wheeler to understand that they havemade cash payments to that amount ?-yes ; the work has heen done, I believe, wholly by contraxjt , i the whale ^^^""^'- X;yttf'::ioSZ.^^rri^^^^^ -oduced l7^:r'capV.lTam^ foXd, t.^S.. from interference with private '""'^SfcUirnan.-} Is there any point upon which yo--^^J^lf^'^^^^^^^ to the Committee respecting the company of ^1^^^^J\ {^^["^f purees should state that the company have ^l^^f ,««f ^^^f f J° ^^^^^^^^^^^ of the colony ; and particularly I may allude to the assistance it ^as ^J^^, J^ farmers in sending them out and assisting them with ^^/djanc^of cjt^^^^^^ order to stimulate%ultivation. The directors have ^^^.^^^^ ^^"'^^^^^^ kind of encouragement being given to speculation m the ^^W' ^"^^ ^^^^ invariably urged upon their officers there, and- especially upon the bank that Se Ttmo'st cLtion^hould be used in only fo^ering proper commercial t^^^^^^ actions, or those by which the production and exports of the ^^l^^y ^^^^.^ ^^ promoted ; but eve'ry kind of land speculation has been e^^'-^lj' f P"*'^^*!^^^^ the directors here. Their instructions upon this point go back for a consider- able period of time, and from the accounts which have been received from the company's bank, they appear to have acted upon those instructions. 785. Lord Stanley.'] Will you explain in what sense you mean that the com,- panyhave discouraged speculation, their whole existence ^^mg, in point ot fact, based upon the speculation of purchasing and re-selhng land m the colony?— The company do not look so much to that, for we have sold scarcely any land at all ; the object of the company rather is, to derive a revenue^from the leasing of their lands, and from their banking operations. 1 hey are indis- posed rather to seU ; they are against it ; and their manager has very limited power hideed of seUing ; he could not sell extensively if he had ever so great mchnar- tion. What I allude to is, that the company have objected to the bank giviag any kind of accommodation in the shape of loans, or discounting exceptionable paper, the proceeds of which would be likely to be employed in those land speculations which went on at the beginning of the colony. 786. Lord Eliot.'] Then you do not attribute the present financial crisis in South Australia to any undue facilities afforded by the company?— No; I think it is entirely owing to circumstances over which the colonists had no control. 787. Neither the colonists nor the company at home ? — No. 788. Lord Stanley.] Are you able to give the Committee any information as to the land speculation which has gone on from the beginning of the colony ?— I consider it owing to the pecuUar position of the colony at its beginning. The people were compelled to remain' at Adelaide, and could do nothing because their lands were not surveyed, and as they must be employed about something they employed themselves about that ; but now they have got possession of the land, I see evidences that the land speculation has almost wholly subsided : the people, instead of clustering about Adelaide, buying and selling land; are now going into the interior in shoals\, cultivating and sheep-farming in every pos- sible direction. The land speculation was chiefly caused because the people had nothing else to do, from not getting their land. ' 789. Chairman.] Have many emigrants been sent out under the agency of the company ? — We have sent out about 30 farmers. It was a rule, that irre- spective of their own immediate families, they should take two labourers ; that has since been modified that they should take only one, because they frequently have grown-up sons. We have sent out a considerable number of servants of our own at the beginning. * 790. Have any been recently sent out? — No ; our operations have been sim- plified ; our present system is not to employ labourers, but to contract. 791. Lord Stanlet/.] Can you state, up to the last accounts, what amount of land you had in tillage^ either your own, or farmers holding under you by lease ? — ^We do not exactly know the extent to which our farmers are tiUing, because SELECT COMMITTEE ON SOUTH AUSTRALIA. 83 it is so recently, in many instances, that they have been located ; we have sent Mr. E. j. Wheek out tenants within the last twelve months. The estimate of the land under oulti- --^ — • vation in the colony is about 2,000 acres; but it is extending very fast, 5 March 1841. because they are so encouraged by the production of the colony, that I have no doubt it will be much larger this season. 792. Chairman.'] Is it your opinion that there is a considerable portion of land in the colony applicable to tillage? — Yes, either that or sheep-farming. 793. Applicable to tillage? — ^Yes; some districts are more apphcable to tillage than others ; we have entered into an agreement with one party to lease 2,000 acres, which I beheve is for tillage ; he will immediately let it among friends of his, 794. On what terms have you let that ? — We have about 4 s. 6 d. an acre for that ; it is part of a special survey. 795. Is that hable to redemption ? — Yes. 796. Are the terms of redemption fixed ? — ^Yes ; he has the power to redeem within the first seven years on payment of 3 L 10^. per acre. With respect to the farmers we , send from here, as an inducement to them to cultivate, we assist them by an advance of money ; and upon reference to some accounts which have been made out, I find that our manager has exceeded the stipu- lated advance which the company engaged to make for the very purpose of encouraging them. 797. Mr. Raikes Currie.] Can you make any statement of the produce per acre of tilled land in the colony, say wheat or barley ? — I could by referring to letters in which it is stated ; I could bring to the Cdmmittee a sample of South Australian wheat. 798. Chairman.] Is it of good character ? — It is ; the opinion of those who have seen it is, that there is not one faulty grain amongst it. We have a spe- cimen of oats in our office six feet high. 799. Captain A' Court.] Is that an average sample ? — An average sample of the wheat ; it bears the handwriting of a person whom I implicitly believe, " a fair sample." 800. Does he state how many bushels an acre of it will produce ? — He does in another letter. The present extent of eaclosed and farming land appears to be caused by the encouragement which the farmers have had, and the good crops which have been yielded. 801. Lord JEliot.] Are the company holders of any of the bills which have been drawn by the Governor, and which have been refused payment by the commissioners and protested ? — ^Yes. 802. Would their affairs be seriously injured by the arrival in the colony of those protested bills ? — No doubt ; if the biUs went back it would create great distress in the colony. 803. Chairman.] In what way would the return of any of those bills affect the company immediately ? — It would affect the whole of the customers with whom the bank does business. 804. It would affect the company through the general distress in the colony ? — Yes, 805. Do not you think that has been already occasioned by the information of the non-payment of the bills ? — No. The system adopted is this : many bills have been long overdue,, and those bills have been protested, in order ta comply with the law, and protests for those bills have been sent out, but the bills themselves have been retained here, in the confidence that Parliament would do something for them. I have been asked by other holders what I should advise, and I told them what the company had done, and they have held in consequence. 806. Then up to the present time you do not think that any considerable distress has been produced in the colony by the want of means iii this country to meet those bills ? — I consider the colony to be in a state of the most anxious suspense, waiting the arrival of vessels saiUng shortly after the meeting of Parliament. 807. Any remedy now applied would, you think, be in time to prevent the actual occurrence of the distress to which you refer '! — Yes. 808. Lord Stanley.] You were understood to state, just now, that you held a certain number of these bills, and that you intended to hold them on, 0.21. M 2 notwithstanding idr.E.J. Wheele. 5 March 1841. r. 84 MINUTES OF EVIDENCE TAKEN BEFORE THE notwithstanding their being protested? — We have held them on to the present time. 809. Have you any objection to state to -what amount ? — To the amount of 2,500 Z. 810. Lord Eliot.'] Are you prepared to say how long the company will con- tinue to hold those bills ? — No ; should nothing be done shortly, I fear we have no alternative but to return them, because we must come upon the indorsers. 811. Is it the intention of the company to send them by the ships that wiU proceed to the colony next week ? — I am not prepared to answer that question. 812. It is impossible for you to say how long you think the company would be justified in retaining those bills in their hands under the existing circum- stances ?— I think so. Jovis, 11° die Martii, 1841. MEMBERS PRESENT. W. WAiiniore,Esq. 11 March 1841. Captain A'Court. Mr. Raikes Currie. Lord Eliot. Lord Fitzalan. Mr. Gladstone. Sir George Grey. Mr. G. Hope. Lord Howick. Lord Mahon. Sir W. Moleswortli. Mr. Vernon Smith. Lord Stanley. Mr. G. W. Wood. The Right Hon. Sir GEORGE GREY, Bart, in the Chair. Wolrt/che Whitmore, Esq. called in ; and Examined. ^13. Chairman:] WERE you one of the original promoters of the colony of South^ Austraha r— Yes, I was one of the association from whence it proceeded. 814. In the year 1834 ? — ^Yes. 815. You were then in Parliament? — I was. 816 Was the Act under which the colony was established in the year 1834 brought mto Parhament by you ?— It was. ^ 817. Have you been subsequently conversant with the management of the colony m the hands of the late colonization commissioners ?-rhave?hlv been rXSrSel^^^^ ^^ reading the various documents that havJ £ success or failure of the scheme^rbodied in tt Act tt?od?ce7r^ "^'T Parliament?— I have watched its nrosress vdtb t-tv- . . ^^. ^^'^ "'*° it was an experiment in colonizSioTS mL^^^^^ successful, and I am prepared at nrP«Pnf t^!P* j- • ^"^Po^^^ant results if success has been compFetr ^ *° '*^'' ^ ^'^'^^"^ T^^o^ that the 820. Is that opinion founded upon information a^ tr. fo^f. i,- i. acquired ?-Upon information which has bfeS^vein tn ^^^^^.T^^^^^ 7"^ have progress of the colony, with respect to L^n ^ .^ "^f "^^^ ^^"P^^^^ *« the perfy, with respect toVe Lat Ef Lf H"^^^^^^^^ "^'^ ^^P^^^ *° its pro- with the present situation of the colony circumstances connected 821. Are the Committee to undeistanrl i-TiaV +\,^ t i expectations which you formed STtth^PtW J? ^^^^^^ has answered the tion?-It has surpassed them conslderaSy ^'^ ^"" "^^^^^^^^ ^^s forma- 822 You are aware of the present financial difficulties nffl,» i ^ t perfectly ; but I do not conceive those financial diSes to be Tt.^^ '~^^ of serious consideration with respect to thepro^ess of tL onl V '""^J^^*^ to me that in the formation of a colony of tSaturf t^ ^^^ J^ ^PP^^^« outfit ; that it is impossible that a coJny cX^^:^l^: ^Zl^L,' ^^ the SELECT COMMITTEE ON SOUTH AUSTRALIA. 85 the first instance without a considerable outlay of money ; and therefore I am W. Whitmore,Esq. not at all surprised that that outlay has taken place, and that some financial » ■ difiiculties at the present moment occur; but I conceive them to be of a "March 1841. transient nature, and really of a trifling nature, when the resources of the colony are taken into consideration. 823. Was not the necessity of that expenditure for outfit contemplated by the original promoters of the measure ? — I should be disposed to say that the expenditure has perhaps been somewhat larger than can be justified at the pre- sent moment ; that is, I think it has been hurried a little too much ; that the expenditure which has taken place, and which is an expenditure which must at some period have been incurred, has perhaps been incurred to a larger amount in the course of the first four or five years of the existence of the colony than prudence would have justified. It may be so ; but at the same time, the whole of that expenditure is expenditure which must at some period have been incurred, and which will, I think, redound considerably to the advantage of the colony. 824. Was not it contemplated by the original promoters of the colony that considerable expense would be necessary for the outfit of the colony ; and if so, what provision was made to meet that, and to prevent that expense falling upon the public funds of this country ? — ^It certainly was contemplated; but in matters of this nature it scarcely ever happens that a sufficient estimate is made of the expenses incident to such a transaction, and I doubt whether such an estimate was made in this case ; I should also state : that when the Act of Parliament was passed, it was passed under circumstances of the greatest possible difficulty. I entertained considerable doubts for some length of time of the possibility of carrying the Act at all, and it was only by what I conceive very fortunate cir- cumstances that it was carried through the House of Commons, and still more through the House of Lords ; and, therefore, we were not quite free agents in the formation of this Act of Parliament ; we were obliged to consult various feelings, and in some degree perhaps even the prejudice that existed upon the subject, and which did not enable us to frame our Act of Parliament precisely as we wished. 825. In what respects would. you have suggested that the Act should be altered so as to meet the contingency alluded to, or any other ? — I have scarcely considered the subject sufficiently to be able to give an answer to that question. 826. Do you adhere to the principle embodied in the Act, that the gross proceeds of the sales of land should be applicable exclusively to the purposes of emigration, irrespective of local improvements? — I should say so, decidedly, looking upon it as a general question ; I can quite understand that in the form- ation, of sf, colony of this nature, in its earliest stages it might be desirable to apply a portion of that fund to local improvements; but the danger I apprehend is this, that if you admit that principle at all, in all probability there will be a certain degree of jobbing, connected either with the local government or connected with some of the offices of Government here, and that the colony would thereby be injured. I should be also disposed to say that although it might be desirable in the early stages of a colony to apply some of the funds to those purposes, I do not think it is desirable in the later stages of a colony ; I think it would be exceedingly injurious in the later stages, and that there would be no necessity for it. 827. You think that even for the purpose of surveying the land and preparing it for the settlement of emigrants, no portion of the land sales should be employed? — I am not quite prepared to say that with respect to the survey of land ; I think that might be borne by that fund if care were taken to prevent misapplication ; but I also think that that might be borne by the colony of South AustraUa in another way, namely, by the purchasers of land paying for the surveys by some increased price of the land. 828. Are you aware what the total expense on account of surveys has been since the formation of the colony ? — I believe I have documents which will show that it is very considerable. 829. Will you explain more fully in what way you would propose that the purchasers of land should pay for those surveys; whether it would be by raising the price of the land and applying the excess of price for the purpose of survey, or by fees, or in what other way ? — I meant that the present price paid for land in South Australia is, as I conceive, a low price, considering the 0-2 1. M 3 nature W. WhUr^ore, Esq. 11 March 1841. 86 MINUTES OF EVIDENCE TAKEN BEFORE THE nature Qf the laiwj, and considering that the ground is ^^^^f 5^ ^"^''^5,^°^ therefore ypu might fairly impose rather a higher rate upon the sale otlaM per acre than is imposed at the present moment, I am not drawing that as a general conclusion with respect to, other colomes. nnnlvinp- th*. 8qo Then you would only adhere strictly to the principle of applymg the gros^s proceeds^f the sale of land to emigration where the price is lower than you think it ought to. be ?-I should say you might a^t, as a P?"^!^^^ th« expense of the surveys of land in new colomes should be paid out of the ^TsT'^Would^ou object to extend that principle so as to include road^: and bridges, and those other local improvements which are essentaal to the settlement of the land ?-I have aheady stated that I think that m the earlier stages it might be desirable so to apply it, if you could be sure that there was no misapplication of the fund. . . , j 832. Without some modification of this nature of the piinciple do yoji see any security against the occurrence of what has actuaUy happened m bauth AustraUa, namely, the incurring a large debt, which the revenues of the colony are unable to dischai-ge ?— lam not prepared to admit that the revenues ot the- colony will be unable to discharge the debt. 833. Even if they should ultimately, be able to dischaafge it, is not there at present a large sum of money- constituting a debt which the colony is unable- to discharge, and for the discharge of which they, are looking for- extrinsic help r —I am not prepared to say that they, are looking for extrinsic help, other than a guarantee for the loan to be contracted, in order thereby to lower the rate of interest ;. I should be disposed to say that the sum which has been expended will remain as a debt upon the colony for some time; and we always, in the early formation of it, imagined that there would be a debt of some amouiit remaining upon the colony for a considerable period : but at the same time, I am ineUned to believe, that the resources of the colony are such, that the debt is a mere trifle in comparison with those resources, and that it ultimately will be entirely paid off. 834. Did you originally contemplate that any other security than the security of the local revenues would be required for that debt, 'Oir did you contemplate that an application to ParHament would be necessary to ^arantee a loan in order to induce parties to lend money to discharge the debt? — No, I confess we did not contemplate that at that time. 83,5. Then, to that extent, a result has occurred which you did not contemi- plate when this scheme was originally projected? — Yes, I should say that it Has- 836. Will you be good enough to state the grounds upon which yott think tha,t the resources of the colony will be sufficient to discharge the debt which has been incurred ? — In the first place, I should state that this is only the fifth year of the existence of the colony. The first ship, of emigrants left this country some time in January 1836 ; 1837 therefore may, I think, be fairly reckoned as the first year of the existence of this colony. Looking' at the progress which has been made from the year 1837 down, to the present time, taking into consideration the property which is there embarked, and con- sidering the revenue which is there raised, and considering also the few sources from whence that revenue proceeds, I do not apprehend that there would be any difficulty on the part of the colony paying its own expenses and meeting the interest of that debt at the present moment, until its future prosperity shall enable it to pay off. the principal. The amount of the popu- lation at the present moment may be stated at 15,000 people; the revenue now existing maybe stated at 30,000^. a year ; that revenue, however, arises^ from few sources. The articles on which duty is paid are ardent spirits, wines, tobacco, charges on licences and pubhcans, store-keepers, and auctioneers, the latter recently imposed. Now, when 1 find a revenue of 30,000 ^. a year arising from those few sources, and when I consider the possibility of applying customs duties to all other imports, and when I consider also the possibility of obtaining a fund, which I think might easily be obtained by a payment per head for the depasturing of cattle and sheep, which is now arranged by a pay- ment per square mile, but from which I beUeve nothing has hitherto been received ; and when I consider the possibility of a tax upon the transfer of property, which I think might be beneficially introduced j when I consider all these SELECT COMMITTEE ON SOUTH AUSTRALIA. 87 these circumstances, and when I look at the progress which the colony has W- WUtmore, Esq. hitherto made, I cannot entertain a doubt that a revenue equal to the expenses of the colony, including the interest of the debt, would without great difficulty ^^ March 1841. be raised. 837. At what amount would you fix those expenses, including the interest of the debt ? — There might be some difficulty in ascertaining it, but I should be disposed to say, that it would not exceed, if it amounted at present to, 60,000 I. a year, supposing there were a guarantee by Parliament for a loan to the amount of the debt, and we were able to raise money at a low rate of interest, not paying the colonial rate of interest. 838. Mr. Wood^ You have spoken of borrowing money upon the security of Parliament at a low rate of interest ; is it yotir view, then, that whatever debt is created for carrying on the colony should be under the guarantee of Parlia- ment, and consequently at such a rate of interest as money may be borrowed for upon good security ? — Yes, I think we might fairly look to that. There would be no risk incurred, in my judgment, by this country, and it would just give that assistance to the colony which would enable it to meet all its difficulties. 839. Then for the success of a scheme for founding a colony upon this prin- ciple, it seems to be required that the requisite capital for the outfit should either be raised by the parent country, or borrowed under a guarantee of the parent country? — I confess that the outfit of a colony of this description is so large, and I think, as a question of pohcy for the country, the object is so important, that it would be reasonable that there should be a certain degree of guarantee with respect to the debt that might be created by it. I am not pre- pared to ask for this colony, or for any other colony, that there should be a shilling of expenditure on the part of this country, but I think a guarantee is very different. 840. Was the colony of South Austf'alia founded under any such guarantee ? — It certainly was not. 841 . Do you consider the financial embarrassment to which it is at present subject as arising from the want of such a guarantee ? — In some measure that may be so, because the rate of interest is large, but I could not say that it has arisen entirely from that. 842. Supposing a guarantee from Gdvernment for founding colonies on this plan not to be attainable, should you think it expedient that they should be undertaken, subject tb the liability of having to borrow money for the outfit, at the rate of 10 per cent, interest per annum ? — I think that a great deal of expe- rience has been obtamed by the working of this colony. I think many of the expenses we have incurred might have been very much diminished if we had had more experience ; for instance, the surveys of land have been carried on at a very heavy expense. I believe that expense may be considerably dimi- nished. I have already stated that I think that some of the public buildings erected in Adelaide have been erected somewhat prematurely ; that they might have allowed a longer period to elapse before they laid out so large a capital in the erection of buildings ; and there has been also considerable expense incurred in the surveys of lands which are not yet selected and pul'chased ; ])ut I think a great deal of that might have been saved to the colony in its present state df existence with greater experience, and, perhaps, with some more prudence. 843. Lord Eliot.'] Might not the present financial difficulties have been altd- gether avoided if a charter of incorporation had been granted to a company with a sufficient amount of capital to meet the necessary expenditure of the new colony? — Perhaps it might; T have not considered the subject sufficiently to give a decided answer to that question. 844. Chairman^ Was not that the original proposal made by you as chair- man of the association to the Secretary of State in 1834, namely, that there should be a joint stock company with a paid-up capital ? — ^That I am inclined to think was the original proposal. There were several points considered, and various modes were devised for carrying it into effect, and I think that was one. 845. Are you aware why that Scheme was abandoned ? — My impression is, that there was an objection on the part of the Government, but I cannot charge my recollection distinctly with it. There were several projects at the time. 0.2 1. M 4 846, You 88 MINUTES OF EVIDENCE TAKEN BEFORE THE W. W/,imo>'e,BBq. 846. You have not lately referred to the correspondence upon that subject which took place with the Government ? — I have not. n March 1841. 847. Mr, Raikes Curne.] Do you consider that it might be a wise pohcy in the mother country to give to a new colony the advantage of a low rate of interest, by guaranteeing loans for the outfit and the early expenses of the colony, 'on the security of the unsold lands?— I should answer that with some degree' of caution; because a great many projects may be on foot, which will not turn out so well as I think South Australia has turned out. There may be a question as to locality; there may be a question as to healthiness ; there may be a question as to the nature of the land. I think you should be cautious how you give too great facilities in the establishment of new colo- nies ; but at the same time, having ascertained the ground upon which you are proceeding, and having reason to believe that the colony is likely to succeed, I should say then it is but fair that this country should assist the colonists in obtaining the money necessary for their outfit at a low rate of interest; but I should be cautious how I admitted that principle with regard to all new projects. 848. Mr. IIoj)e.'] Referring to the answer in which you stated that you consider that 60,000 1. a year might cover the interest of the debt and the expenses of the government ; can you give the Committee any particular data upon which you calculate the expenses of the government ? — I have taken the expenditure at what I believe to be about the actual state of things; I should say there ought to be a much greater degree of economy than has been practised, 849. You reckon the interest of the debt to be at four per cent. ? — Four, or five per cent. 850. You state that you conceive that 210,000?. would be the sum now required, and you add to that the 80,000 /. which has been already borrowed? — I am not yet aware of the amount of the debt which has been borrowed ; I have not seen any documents which would enable me to state it. 851. Then when you mention the sum of 60,000?., you speak merely from a general idea upon the subject ? — ^Yes. 852. Mr. Wood.l Are the Committee to understand that it is your opinion that the colony in its present state would easily bear to have a revenue levied upon it to the extent of 60,000 l. a year ? — That is decidedly my impression, and I will state the grounds upon which I go : the revenue in the first year of the colony's existence, 1837, was under 400?., and the growth of the revenue up to 30,000?. has gone on from that period, showing a progress of the most extraordinary rapidity ; and when I consider that it is derived from very few articles, and that it may be derived from many other articles, I do not entertain any doubt that they would be enabled to raise a revenue which would meet the expenditure. 853. The power to furnish a revenue in any country must of course be dependent upon the prosperity of the inhabitants ? — Yes. 854-5. Lord Mahon.} Then you do not conceive that in an infant colony a revenue to the amount of 60,000 ?., to be raised upon a population of 15,000, that is, at the rate of 4?. per head, would be exorbitant? — I certainly am of opinion that there might be some degree of pressure upon the colonists at the present moment, but I do not see that there would be any difficulty in raising that revenue upon the colony. I believe it to be the general impression of those who know more of the circumstances of the case than I confess I do, that It might be raised without difficulty. 856. Can you name any other colony, even among those which have been longest established, where a similar rate of taxation of 4 ?. a head is paid?- 1 have not looked sufficiently into it to be able to judge of that 857. Sir Wm. Molesworth.-] Are you aware that in the other Australian colonies of New South Wales and Van Diemen's Land, the rate of taxation Ts ? T P?P"^^tf " J^^« ^^^eeded 8 ?. a head ?-I have not looked into it. 858 Lord ^fto?.] Is there not reason to expect a rapid increase of the population, judging from past experience ?-That is what I look to 85J Captain A Court.] You contemplate an increase of the population," and a reduction of the expenditure ?-A great increase of emigrXn and an immense increase of the capital of the colony. "^^grduon, ana du 860. Lord Fitzalan.-] Would not the pressure which the colonists might feel if SELECT COMMITTEE ON SOUTH AUSTRALIA. 89 if the taxation were to the amount of 4 I. a head, deter others from going out, knowing that pressure to exist, which they soon \tould know ? — In the first place, I think the pressure would be but transient ; it would not last long, pro- vided tjbe colony continues to make the rapid progress that it has made hitherto : we are now looking at the colony in the fifth year of its existence ; it possesses a population of 15,000 people ; it has raised a revenue of 30,000 ?. a year, upon very few articles; it possesses a very large amount of sheep and of cattle, a;nd various species of property, which are rapidly upon the increase; and there- fore, even supposing there- were a certain degree of pressure at the present moment, I think it would be a pressure that every day would lighten. The only difficulty I apprehend with regard to this colony is, that statements may be made in Parliament tending to prove that it is in a state of adversity rather than, as I conceive to be the fact, of prosperity, and thereby its progress may be rretarded. But if no such statements are made, or they are met by counterrstatements, and the public mind is disabused upon the subject, I entertain no doubt of the rapid progress that the colony will make ; and I think that we may, to a certain degree, consider that the pressure at the pre- sent moment will become a matter of trifling consideration in the course of a few years. 86 1 . Lord Howick.^ In estimating the probable pressure of taxation, should not you also advert to the ordinary rate of wages and profit of capital in the colony ?^-Certainly. 862-3. Those rates are at present extremely high ? — They are. 864. Can you state at all what the wages of a labouring man are ? — No, I cannot give a distinct answer to that ; but they are very high indeed. 865. The ordinary rate of interest in the colony is not less than 10 per cent. ? — No, I believe it is considerably more. 866. Do you concieive, therefore, that with this high profit upon capital, and these high wages, the population can well afford to bear a pressure of taxation which would be too heavy in countries differently circumstanced ? — Unques- tionably. 867. Mr. Wood.'] When you state 60,000 /. a year as your estimate of the expenditure, and for the interest of the debt, are you taking the sum which you consider necessary, or a sum in excess ? — I have, certainly, taken a sum in excess ; I have taken round numbers. 868. Is the estimate of 60,000 /, founded upon what you suppose to be the expenditure at present going on in the colony ?— As I understand it, at present the ordinary expenditure may be taken at about 40,0007- per annum, and to that I add 20,000^., as interest upon the debt and contingencies. S6g. Does that 40,000 1, include any kind of expenditure which ought properly to be considered as outfit rather than annual expenditure ? — I think it is difficult to form an estimate upon these matters. It is more difficult, inasmuch as there is no possibility on the part of the colonists of contrplhng the expenditure. We are in the hands of the governor and the council, and there is no possibility on the part of the colonists of either controlling or look- ing into the expenditure and the taxation. 870. You consider that the sum of 60,000 I. is likely to furnish money for the payment of the interest upon a debt extending to somewhere about 400,000 /. r — I should hardly contemplate the debt being so large as that ; I fancied the debt would be limited to about 200,000/, or 250,000 I 871. A revenue of 60,000^. a year, would leave a sum of 20,000.?. a year applicable to the interest of the debt ? — Supposing the expenditure were con- fined to 40,000 I. But I feel that I am so without data upon the subject, that T. can only make a rough guess. 872. Chairman.'] In your estimate of the expenditure, are the Committee to understand that you exclude the expenses of the survey department, which have been hitherto very heavy indeed ? — I am rather incKned to think that the surveys are included. 873. Have you looked at the statement now shown to you ; in page 148 of the printed Papers of the civil estabhshment of the colony, including the police and the survey department, one item in the survey department being 20,000 L for the payment to labourers ? — I never saw this before ; but I believe fhis survey was quite an extra expenditure, and that we are considerably in advance in the 0.21. N surveys. W. Whitmore, Esq. II March 1841. -go MINUTES OF EVIDENCE TAKEN BEFORE THE r. WhUmorei Esq. surveys. At the present moment the number of acres of land sold m South ■ Australia is 282,121, and of land surveyed 346,000. von nroceeded 11 March 1841. 874. In forming your estimate of the f'^^^''^ J^^f^^^X^o sLC^^^ iinnn the nrincinie which you stated you should wish to see actea upon, upon t^f. P™?*;P'^p„„._ of the survey department should be thrown upon lely, that the e^^fnses oi ^f f_y J ^ . ^^ p_I ^^^^ j^^t nami rS W and nSt form a charge upon the general revenue ?-l have not i^l^lSffilntlv into consideration; but I should also state wi^h regard fth^e xWhuTelL I^^^^^^^ which is very large, and that is the pohce I thMc tha is rather a hardship upon the colony, because the reason For that iLge amount of police is, that there are ^^yeral ^v^cts tii^f jf ^^^ their way into the settlement, and from thence arises the necessity of a ve^ large police. The quantity of police at the present moment is 54 constables and Serjeants, in a population of 1 4,000 or 1 5,000, which is an enormous pohce 87s. Over what area are those 15,000 persons dispersed^— I am not pij- pared to say ; but I think it would be a population in which there would be very little crime indeed, and therefore a necessity for only a very smaU police, provided there were not the element introduced of runaway convicts. 876 Mr, Vernon Smith.'] Was that expense not contemplated on the first foundation of the colony?— No; we did not expect that runaway convicts would find their way there. . c -u ^ 877. Has not that been a necessary result of the proximity ot the colony to the penal settlements ?— All that is true; but I mention that as leading tO a much larger expenditure than would otherwise have been necessary, and larger than could have been calculated upon beforehand. 878. Lord Howick.'] But stiU, how can you justify the expression that it is a hardship for the colony to be required to provide for their own security in this respect ?— It is one thing to judge of a thing after the result, and it is another thiilg to foresee all contingencies that may arise in a new case ; and, thterefOre, although we might be charged vdth some imprudence in not fore- seeing it, I am not inclined to think that mankind generally would carry their views so far till it is shown by experience. 879. When you state that it is a hardship upon the colony to be required to provide for that amount of poUce because the necessity of it arises from th^ escape of convicts, do you mean to imply that that expense should be throwii upon this country? — I only mention it as one of those circumstances 'which rendered a larger expenditure necessary than would otherwise have been required. 880. Then you mean to express the opinion merely that this has been the cause of alarger expensethanwas expected,butnotthat thatexpensehasbeen improperly thrown tipon the colony? — I have not expressed any opinion upon that subject. 881. You think that, in point of fact, it was just that the colonists should pay for their own protection in this manner ?— I believe it is a great question with regard to any of the colonies there, how far the Government ought or ought ^ not to bear a portion of the exipenses of the police, rendered necessary on account of their sending convicts from this country to their neighbourhood. 882. Are not the cases of New South Wales and of South Australia completely different, inasmuch as South Australia was founded in this particular situation by parties who professed that the colony was to be no expense to the mother country ? — No doubt that is the case ; I only mention it as one of the elements which has led to a large expenditure which we did not sufficiently calculate at the time. 883. Lord Eliot.'] Do not you think it is the duty of the mother country to take measures to prevent the escape of convicts who are detained there for t^e purpose of punishment ?— It is a duty which they ought to perform if possible; but I doubt whether it be possible. 884. Chairman.] When you say convicts, do you mean those who are upder sentence of transportation, or do you include those over whom, then- sentence having expired, the Governmenthasnocontrol?— I mean those under sentence. 885. Can you state the number of such persons that have found their' way into the colony ?— I cannot. When I saw the amount of the police establish- ment, I inquired how it came to be so large an amount ; 54 policemen for a population of 15,000 appears excessive ; it is much larger than any amount of pohce m this country; and I was told that the reason was that several runaway SELECT COMMITTEE ON SOUTH AUSTRALIA. gi runaway convicts had come into the colony, and that thence arose the necessity jr. Whihnore,'Esdtn rfZn^ bTp^tiea interested in tto formation of the StavnSfto PaJuament^ 8a«a°n being gi^n to itJ-Yes ; but_I ,con- colony previous lo rain ' i,.i „.|,essarv for the purchase of tend ; that ^^tctXt^er^onKStlS S apt to & , they imagine that h^^tZ c^pW sXS tor the purchase of tend they hav.ao^omph*ed fViP /rpat obiect I do not think so; I suspect that they require a mucft Ti ?Lord S?^'. ] Would it not he desirable always to have the landsur- veyed before sending out emigrants ?--No doubt it would be exceedingly desir- able that there should be a survey of the land, and a very accurate report with respect to the location. We were pressed for time, and that was hardly suffi- ciently attended to, but in aU new colonies I think it most desurable. T. Frederick Elliot, Esq. Vide Appendix, (Paper, No. 13), p. 216. ''ide Appendix, Paper, No. 13), ». 216-219. '^zJeApp. p. 193. T. Frederick Ellidt, Esq. called in ; and further Examined. 012. Chairman^ HAVE you any papers containing statistical information relative to South Australia, which you wish to lay before the Committee .^— Yes ■ I propose to put in a statement of the public revenue of South AustraJaa for 1839, and the first quarter of 1840. The substance of this account .1 gave in my evidence when last I was here ; but it may be more convenient to the Committee ,as a .table. {Tlie Witness delivered in the same,) 913. Lord Stanley.'] Are the Committee to understand that the papers which you are now putting in, are put in by yourself individually, or that they are papers furnished from the office of the Colonization Commissioners, -and upon which the commissioners are therefore agreed?— They are papers furnished from the office of the commissioners, approved of by a Board, and signed by the secretary. 914. Do they bear the signature of one member of the Board who was a member of the late Board ? — ^They are signed by the secretary. 915. Chairman?^ Was the member of the Board, who was also a member of the late Australian Board present at the time, and did he sanction them ?— -He was not present, but that was accidental. I cannot doubt that iie would concur in them, for they are prepared by the proper officer of the depart- ment, and they involve no matters of opinion. The next paper I propose to deliver, is a statement of the shipping in the year 1839, which is .compiled frouEi some bulky returns of the custom-house at Adelaide, The next paper I put in, is designed to save the Committee some trouble in considering the future prospects of the colony with regard to finance. It is a statement of the mate- rials from which may be calculated the population of South Australia at the end of the years 1838, 1839 and 1840. Our returns are so defective, that we cannot state it at once as matter of fact. As matter of inference, the grounds, appear in this paper. 916. M.v.Raihes Currie.] Are the German colonists included in this state- ment of the population ? — Yes, they are included, I noticed that they had gone from Germany, and inserted them. The next paper is a statement of the yearly sales of public lands in South Australia, effected in England and in the colony, to the present time. The next paper is a statement of the monthly sales of pubUc lands for the two years 1839 and 1840. These papers I will deliver in. (The JVitness delivered in the same.) 917. Chairman,'] Have you any addition to make to your former evidence? — With reference to No. 4, amongst the statements delivered in by me on the 5th of March, called a Statement of Ways and Means, I observe that the sur- plus of assets in each month is not stated. It can be computed from that paper, but it may save the Committee trouble, if I just read to them a state- ment of what was the surplus in each month that appears in the return. This is a very SELECT COMMITTEE ON SOUTH AUSTRALIA. 93 a very material circumstance. The return does not profess to be one of the whole assets and liabilities of the colony ; but it shows what ways and means we had from month to month to carify on the business ; and therefore, as aflfecting the question of the loan, it is the most important paper which the Committee can possibly consider. Since so much has been said of the supposed neglect to raise the loan till too late, these figures are, perhaps, worth attending to. In the month of January, our surplus was 59,000 I. ; in February, 54,000 I. ; in March, 57,000 l. ; (more than we had the previous month ; yet this was the month in which I ha.ve heard it said that we ought to have raised a loan, though I now show that we were richer than we were before,) in April, 48,000 I. ; in May, 40,000 I. ; in June, 29,000 I. ; (this is the time when every member of the Board thought it was desirable to obtain a loan, but the misfortunes of the colony then occurred,) in July, 8,000 l. 918. Lord Stanlei/J] It was immediately after that that you addressed the letter of the 7th of July to the Colonial Office? — Yes. gig. Chairman.'] Is the paper- to which you wish to make this addition, and from which you deduce these results, delivered in upon your own responsi- bility, or does it come from your office, and is it delivered in in form by the commissioners ? — All the papers that I have delivered in have been verified by the signature of the proper officer of the Board. g20. Mr. Wood.'] Might there not fairly be a difference of opinion as to the proper time to apply for a loan, even when you had a large sum of money in hand to meet immediate engagements, if you were convinced that in a few weeks or months a large sum would be required, which must be raised by way of loan?— I am very glad to have an opportunity of answering that question. I must just preface my answer, however, by explaining that we did not on the first of the month look at the accruing claims only for that month ; we always took two months in advance. Now when we had so large a sum of money in our chest as we had at the beginning of all the earher months, I do not kno# upon what reasonable ground we could bring upon the colony a very heavy charge for interest upon a loan. I think that if we had been left to our own unassisted judgments, we should have thought it unwise. But, moreover, the very Act of Parliament under which we were discharging our duties particularly guarded us against falling into such an error, and pointed out that when there was a surplus in the Emigration Fund, we were to use that money in order to save interest. Perhaps the best way of illustrating the merits of the present question is to con- sider what reason any member of the Board could have alleged for raising a loan. We couM easily foresee that we should not require it till the end of July, in the natural course of events. The only valid reason for raising it earlier, that subsequent events have taught us, would have been this : perhaps if we wait till July or August, the circumstances will be such that it will be dishonest to take the loan : (for this, I have already informed the Committee, was the only circumstance that prevented our getting the loan eventually). Now, could any man have told us that we were to go and entrap the money-lender into parting with his money in June, because we feared that it would be dis- honest to take it in August? I do not mean that any such reasoning was ever actually addressed to us, but I put the case as an illustration. 921. But, with prudent foresight, might it not be desirable, as soon as you were convinced that before the termination of the year a loan would be required, if the money market was in a favourable state for contracting a loan, to take advantage of that circumstance, as changes might arise which might make the money market less favourable, and none were likely to arise to make it more favourable ; and is not it usual in contracting for loans of a large amount to have a condition that they shall be payable by instalments ? — Of course we never omitted to advert to the circumstance that it would be conve- nient that we should take our loan in instalments ; but we did not put it off till a time when the taking it by instalments, if we had succeeded in raising the loan, would have exposed the colony to inconvenience. With regard to the state of the money-market, I have already said that we did not put off the loan till; it was impossible to get it, but that, at the proper time for raising it, circum- stances did not allow of our accepting it with good faith. g22. Chairman.] You were asked the other day whether you could prepare an estimate of the probable expenses of the colony, including the interest of the loan, for the next few years, and the probable amount of revenue to meet 0.21. N 4 those T. Frederick Ellictt, Esq. 11 March 1841. 96 MINUTES OF EVIDENCE TAKEN BEFORE THE T. Frederick Elliot, those expenses ; have you been able to prepare «"f . % J^^ejnen* Jt/ ^^^^^ Esq. together the data ; I have not yet drawn them «;^^ ^;^*° .^^^^^^^^^^^ statement, because, to say the truth, they are hardly sufficiently certam 11 March 1841. ^g to hazard an actual table founded upon them ooUected upon th^^\Tp^T\fr^s:rpt:er^^^^^^ t:^rLi-;lv^lZ:VsZ^^^^^^^^ at e^ach of the Pnn^^^^^^^^ which we had returns of its revenue ; I then ^^Pf J'^^^^.f ,^^^ 'f^^^^^ which gave the rate per head -d upon t^^^^^^^^ probable future revenue. I then looked lather exi^ensiveiy uitu ^. ^ •„„ ments of all the other Australian settlements, and made ^ f^^j^^^^J^'^m the charge per head for the principal administrative departments there ; and I compSthose with Colonel Gawler's. I think the best way of Proceedmg.nll be, a^s so many of the Committee seemed to .think that the f dement appended to his Minute of April 1840 was not unreasonable first to show what that amount of establishment would cost the colony, and then to suggest any reduc tlons that occur to me as possible. The population of S«fh Australia can be stated very simply: at the end of 1838, I estimate that there were 5,000 people; at the end of 1839, 10,000; (doubled therefore m one year, which is rather material to some parts of Colonel Gawler's arguments m his own favour ;) at the end of 1840, 15,000. As there are no authentic returns I have prepared a statement of the data on which these estimates are founded, and it will be found, under the head of Population, amongst the papers I have delivered in to-day. In the last quarter of 1839, we know that the revenue was about 23,000/. and the population being 10,000, it was rather more than 2^. 5*. per head. Now for the first quarter of 1840 the revenue was about 29,500^ ; 1 adrt to the former population of 10,000, 1,500, being the emigration of three months from September to November 1838, (for we know by experience when they are hkely to arrive,) which gives a population of 1 1,500 for the first quarter of 1840 : the rate per head therefore for that quarter was 2^. 11*., a higher rate than the previous quarter. Now before going to the present year, it may give the Com- mittee more confidence in the calculations to give a few facts about the other Australian settlements, as to the rate per head of the revenue. In Van Die- men's Land, in 1835, the rate per head of the colonial revenue, exclusive of that from land, was about 2l 9s. per head; and in 1838, 2l. 2s. 924. Sir W. Molesworth.'] Do you include the convicts in the population ?— I do. 925. Can you state what proportion may consist of convicts ? — I cannot state it from memory. In 1835 I estiniate the population of New South Wales at 72,700: for by the census of 1833 the population was 60,700, and adding two-thirds of the increase up to the year 1836, that is 12,000, I make the population, as I have said, 72,700. The colonial revenue, exclusive of land, was 184,487 I. ; the rate per head was 2 I. Us. This was in 1835. In 1838 I esti- mate the population at 90,000; because by the census of 1836 it was 77j000, and adding the same increase as before for two years, 13,000, the sum is 90,000- The colonial revenue of 1838, exclusive of land, seems to have been 195,074 /. ; the rate per head therefore was about 21. 4 s. In Western Australia in 1839 the population was 2,200, the revenue 4,4 1 8 Z. ; the rate per head about 2 I. Now, from all these statements combined, taking the two convict colonies of Van Diemen's and New South Wales, and the two free colonies of Western Austraha and South Australia, I think it may be concluded that a weU-situated population, settled in Australia, will peld without difficulty a revenue varying from about 2 Z. to 2 /. 10 *. a head. 926. Lord Stanlei/.l Are the revenues upon which you calculate in all these colonies, of the same description, arising entirely from duties of import? — Much the largest proportion arises from duties of import.. There are, however, productive taxes in the shape of licences, and duties on auctioneers and other sorts of direct imposts. To return, then, to South Australia. The populatioa at the end of 1840 amounted to 15,000 : at the rate of the revenue in the first quarter of the year 1840 the income would amount to 37,500 I. a year, or at the lower proportion of the last quarter of 1839, it would still amount' to about 33,750 1, per annum. But allowing for possible distresses, for the cessation of the heavy government expenditure, and for the diminution of the imports, which I think may very probably have been swelled by the number of passen-r ger-ships SELECT COMMITTEE ON SOUTH AUSTRALIA. 97 ger-ships going out in the more prosperous times of the colony, it might be more safe not to reckon the revenue at more than 30,000 I. per annum. 927. C%mrman.'\ Without any supposed increase in the population ? — I am the more disposed to reduce the estimate to 30,000 I. because we must not conc,eal from ourselves that there is a risk of emigration, and though I have shown strong concurrent authorities in favour of my estimate of the popula- tion, I am sorry to say that some remarks in the last newspapers from the colony seemed to prove that some of the people are gone. 928. You mean emigration from the colony to other neighbouring colonies ? —Yes ; I have made no allowance for additions by births. In the last accounts they estimate the people at less than the mere immigration ought to have- made it. 929. Lord MaAow.] To what other colony are they supposed to have gone? — Some are said to have gone to New Zealand. I suppose they have gone both to New South Wales and Van Diemen's Land also. 930. Mr. Raikes Currie.] Is there any actual statement of some having gone from the colony ? — No official statement ; but I have a recollection of having heard that some, I know not how many, have gone to New Zealand. I ought to mention, that there is, on the other hand, an immigration from the adjacent colonies : they come in with their flocks to sell them, and some remain. 931. You have no documents which show the rate of increase, independ- ently of immigration, according to the register of births ? — None. 932. Lord Fitzalani] Of what date are the newspapers which stated that some had gone? — The date is either in June or July 1840. I think the paper is one called " The South Australian Register." 933. Mr. Hope.^ Do you know any colony where as much as 4 Z. a head is paid by the population to the revenue ? — It is very likely that the accounts I have now given may appear to conflict with others, because some persons may include the land revenue also, which, in the present case, I have of course excluded, as it is appropriated to other purposes than those I am contem- plating. Again, if any one merely refers to the general return of the revenue, or of the expenditure of either of the two convict colonies, thait will include a large sum paid by Great Britain. Under the head of revenue wiU come the contributions by Parliamentary gi'ants, and under the head of expenditure will come money paid through the means of those contributions. 934. Have you seen any statement making the revenue of New South Wales 3/. 17 s. a head ? — I dare say, including land, it might not be incorrect. g35. You do not know whether that is done by including the land, or by excluding the convict population .''■:— I am certain that if it neither includes land, nor the grants in aid, it is greatly beyond the truth ; but it is probable that any private person, not familiar with the state of those colonies, would make such a statement, and make it without the least intention of inaccuracy, by only taking the sum total at the foot of the page showing the revenue, and not deducting the receipts for land. 936. Chairmanr\ Have you now completed your statement as to the esti- mated revenue ? — I have. 937. Lord Stanlei/.] Have you any documents which wiU show the compa- ritive prices of different articles in the colony, from the earliest period down to the present time, and will exhibit the fluctuations which have taken place r — We have nothing of that kind ; we have one return by a Board of officers in the middle of the year 1839, showing the prices at the moment of the prin- cipal articles of necessity. That document will appear amongst the despatches which we propose to present to the Committee from Colonel Gawler's corre- spondence. 938. Chairman^] Are you able now to furnish the Committee with an esti- mate of the probable expenditure ? — I was desired to produce a sort of budget, and I will try. But I would just state, once for all, that I hope the Committee will remember that it is a budget for a colony from which the first statistical account ever received, arrived about three weeks ago ;— from which, reckoning from the beginning up to the present time, we have complete accounts for only one quarter of the year ; and finally, that this place is at nearly the most distant point of the globe. 939. The estimate that you are about to state is an estimate of what you think will be indispensable for the maintenance of the colony ? — The course I pro- 0.21. o , pose T. Frederick Elliott Esq. 11 March 1841. 98 MINUTES OF EVIDENCE TAKEN BEFORE THE T. Frederick Elliot, pose to foUow is this : first, to show what .^o^l^^^^^^^^^fP^^f se°^^^^^ •isq. Lwler's existing establishment, as stated ^n these P^P^^' f^^ Xh there round numbers, 1 5,000 1. Smce last I was here, i nave -^"^ , . ' and got the detailed accounts, of which this document is an abstra^^^^^ fS TaJa as I can understand them, this sum of 15,000 J- «°^^;^^^\^^„^"^^^^ Ties excepting a few charges under the head of the post-offace, and the coroner. Here Tetwe have the filed salaries, and the next objecUs to T to -ce^t- the contingencies. To obtain them Iturn to page l^/- I^ave tnedve^mu^^^ to ascertaki the meaning of the charge at the rate of ^^^f J^ ^00 / a year for stores for the colonial storekeeper. I find that in this last '^''^;^^' ^H^^^'^^^ charge of 2,000?. was for a special purchase of rice, from fear of a scarcity Colonel Gawler was authorized to resort to such a measure if he saw sufficient ground of apprehension. That reduces the storekeepers department from the rate of 18,900 /. to 10,900/. per annum. On referring to the list which the storekeeper has sent home, I cannot help still hoping that he does,_in the first instance, receive some of the stores for the pohce, and for the immigration department, which he may deal out to those departments as required. I thmk, fi-om the nature of the articles mentioned in the list, that this is not impos- sible. However, if 900 I be aUowed for articles of that kmd, there remain 10,000 1, which I think must be assumed to be for the contingencies, of the cml establishments, for furniture, stationery, lights, and other objects ot that kmd. 940. Was the rice so bought by the Government in the apprehension of a scarcity, sold to parties in the colony, and the money carried tothe credit of the colonial storekeeper ?— No ; after the rice was imported, the price of the article had fallen. However, the Governor tells us that he can make very good use of it for the establishments of the colony ; for aborigines, and also for the sur- veys and other departments in which labourers are employed. I repeat then, that we have 10,000 I. per annum in the storekeeper's department, which I assume to be for contingencies in the civil establishments. Throughout this statement I am, for the present, intentionally setting aside the police, land, and survey departments, and the harbour-master's department. The next items that I find on page 184 are, "Expenses of Conducting Prosecutions," and "Pas- sage-money of Prisoners and Guards to Sydney." Those are at the rate of about 990 I. a year. The next item coming under the head of " Contingencies," namely that of printing, is at the rate of about 2,000 I. a year ; and I find no other items in the list which I should put under the head of " Ordinary Con- tingencies of Government Departments." 941 . Lord Stanley.'] Must not you include also " Svindry Miscellaneous," and "Pensions on account of Home Government"? — The pensions are pay- ments to out-pensioners of Chelsea Hospital, and form a debt from the Home Government, which will be repaid. 942. What do you make the total amount of the articles you have now enu- merated as the ordinary charge for the Government establishments ? — To begin with fixed salaries, by Colonel Gawler's statement, 15,000?.; then for contin- gencies, I have 10,000/. for stores, 1,000/. for judicial contingencieSj and 2,000/. for printing, making a total of 28,000/. This, according to Colonel Gawler's scale at the end of 1839, is an indispensable expenditure, even if the police could be provided for by some special rate not at present falling upon the colonifits. The survey department I assume to be charged to the land revenue, when there is one ; and if there is no land revenue, only the permanent staff ought to be kept up ; and of that I estimate the cost at not more than 2,300/. The cost for police, by Colonel Gawler's scale, consists of 5,800/. for salaries per annum, and 9,200/. for contingencies, making 15,000/. per annum. Now I have reduced the expenditure of the other Australian settlements to a rate per head, in order to afford me some guide in endeavouring to submit opinions to the Committee with regard to the South Australian establishments;, and ■without going into detail, which would be extremely long, I will merely say that nothing can be more remarkable than the close agreement of the rate per SELECT COMMITTEE ON SOUTH AUSTRALIA. 99 per head in every large class of expenditure in New South Wales and in Van Diemen's Land. It is such as to give great confidence in drawing conclusions from the precedents of those colonies, making allowance of course for the different nature of the population. Looking then at the rate of charge for police in New South Wales and Van Diemen's Land, in the year 1838, it appears that the number of pounds sterling spent on police was about five-ninths, or rather more than hatf, the number of people in those comict colonies ; in other words, the charge was a little more than 1 1 s. per head, while the South Aus- tralian charge for police is upwards of 1 1, per head, and this in a colony where there is no convict population. I confess that if the police is to remain charge- able to the general revenues of the colony, I should think the Government might fairly expect that it should be reduced one-half its present cost. 943. Have you any means of comparing the wages and salaries paid to the pohce in New South Wales, Van Diemen's Land and South Australia respec- tively ; or any means of estimating the cost, not per head of the population employing, but per head of the police employed? — At page 148 the salaries and wages of the police appear to be stated ; and I know that from New South Wales and Van Diemen'S Land there are the most complete returns. 944. Will you have the goodness to examine those returns, and upon another day to inform the Committee what observations you have to make upon the respective scales of payment to the police in those different colonies ? — I wiU do so. 945. Lord Eliot.'] When you said that you thought the Government might insist upon a reduction of one-half of the cost of the police force, did you speak of a reduction in the number of persons upon the establishment, or a reduction in the expense of the force ? — What I meant was, that I would not agree to pay more out of the colonial revenues ; but that if the colonists thought that for the present they required the existing amount of force, it would be for them to consider whether they would raise means specially for the purpose. 946. Chairman.'] Do you mean to express an opinion that, looking at the general rate of wages in the colony, the wages given to the police in South Australia could be reduced ? — No ; I have not sufficient information to offer an opinion upon that point. All I meant was, that if in two convict colonies a sufficient police can be provided at the rate of about 1 1 .y. per head upon the population, it seems to me that in a colony not penal 1 1, must be an excessive provision. 947. Lord Howiclc.] Have you adverted to the fact, that in New South Wales a large proportion of the police are taken from regiments in which they are bound to serve ; and that as they continue, though added to the police, under the provisions of the Mutiny Act unable to obtain their discharge, they serve at a lower rate than you can expect persons to serve who are not under engagements of that description ? — No, I was not aware of that circumstance. 948. Sir 'William Molesworth.] Have you taken into account that a portion of the pohce in those colonies is paid out of the land revenue ? — In looking at the charge for the police, I have included the total charge, whatever might be the source from which it was defrayed, with a very trifling deduction on account of contributions from the Home Government. 949. Mr. Gladstone.] Is not the colony of South Australia altogether without a military establishment ? — It is. 950. Must not you expect a higher charge for police on that account? — I should not expect a higher charge for police on that account, except in so far as it arose from the soldiers, where there is a military establishment, being taken away from their regular duty, and employed as policemen ; but I think the troops, in their own proper capacity, are not available for many objects of police. 951. Are not they available for some of the objects of police? — They are available for soiixe of the objects, and it appears, from the tenor of a question just put, that they are rendered peculiarly available in New South Wales. 952. Chairman.] Have you compared the rate of weekly pay given to ordi- nary police constables in South Australia with the rate of weekly wages received at the same time by agricultural labourers ? — I have not, but I will endeavour to ascertain it before I appear again before the Committee. Taking then 28,000 Z. for the regular establishments, if 15,000/., the existing pohce 0.21. 02 charge, T. Frederick Elliot, Esq. 11 March 1841. 100 MINUTES OF EVIDENCE TAKEN BEFORE THE T.Fre,.i^m.t, Charge, be added, there requires to be provided for a sum of 43,000?. per ^^ — ^'^nc?' Thnt IS excludins; any expense on account of surveys ?— Yes. _ ax March 184U ^g' Joe it proSe lor every other head of expenditure contained m this paper^\?wlch^Tu have refeLd?-No; it excludes also " Stores and "Sundry MisceUaneous," and it includes nothing for public works oTf Why do you ekude "Sundry MisceUaneous Expenses' ?-Because I propose rJeat them as a separate item. The sundry miscellaneous charges, rSXg under the same hea'd some detached items such as "Botanist a.d "Infirmtry," appear to be at the rate of rather more than 2,800^. a year makinTa total of about 45,800 I. a year. Now, in this sum of 45,800 I. nothing rindudel for surveys, but if the sales of land fall off a P----^^.^^^^^^^^ staff must still be maintained, and I estimate the charge for this ^J J^J^ of g- pense at 2,300 Z a year; that makes 48,100?. per annum. I must confess ?hTtfrom the nature of the representations which Colonel Gawler has made, and which will be presented to the Committee, I do not see how it will be possible to dispense with an increase of the salaries of some of the prmcipal officers of the colony. I think that augmentation wiU probably amount to 1,200 I per annum ; which gives a total of very nearly 49,500 I. per annum for p^i"f^ nlisnnfipxits qK&-'7 Mr. Vernon Smith.] Do you state that probable increase of the salaries of the principal officers relatively to similar salaries paid to similar officers in the adioining colonies ?— I believe they would stUl be low in proportion to the salaries in the neighbouring colonies, unless indeed Western Austraha should be included, where the population scarcely exceeds 2,000. I beg particularly to guard myself against being supposed to assert positively, that 49,000 I. would be necessary to carry on the services of South Australia. I have merely, in obedience to what seemed to be the wish of the Committee, endeavoured, in the first place, to calculate what would seem to be necessary under the dif- ferent classes of expenditure, assuming Colonel Gawler's statement, at page 133, to be not unreasonable ; but I have mentioned that I should look to the police establishment with some hopes of reduction: and another article, in which I should consider that reduction might he possible, is the charge for marine stores and boats, now at the rate of upwards of 4,000 I. per annum. This item I have accidentally omitted in my recapitulation. It would raise the sum of 49,500 I. to 53,500 I. per annum. 958. Chairman^ Have you now completed your estimate of the expenditure? ■—Yes, of current annual expenditure. In order to endeavour to afford some sort of comparison, I may state that I find that in Van Diemen's Land in the year 1827, (which year 1 have selected because the population then was nearly the same as the population of South Australia now,) and in the same colony of Van Diemen's Land in 1838, the general colonial expenditure was at the rate of about 3 ?. a head. In New South Wales in the year 1838, if I have rightly understood the returns in the Blue Books, the colonial expenditure, exclusive of immigration, whidh is provided for by the land fund, was at the rate of upwards of 4 ?. a head. In Western Australia, a colony in which, from the exceedingly small population, it is impossible but that the expenses should bear a very high proportion to the number of people, the expenditure was at the rate of 57. 6 s. per annum. 959. Did not that expenditure in Western Australia include public buildings which were not a permanent, but a temporary expenditure ? — In the figures I have now stated I have included all the expenditure for all purposes whatever for those colonies which are neighbouring to South Australia. 960. Have you, in the estimate of expenditure you have now laid before the Committee, as respects South Australia, included any expense on account of what may be termed " Outfit," to which your attention was called on a former day ? — No ; as far as I have yet gone, I have only been making a statement of the regular annual expenditure. 96 1 . Mr. Hope.] What is included in the 4 ?. a head in New South Wales ; does it include the expense of the convict estabUshments ? — It includes every- thing colonial except immigration. 962. Chairman.] Do you mean that it includes the expenses of the penal establishments in New South Wales ? — No ; I have only professed to state the sum total of the expenses falling upon and defrayed by the colony. 963. Is SELECT COMMITTEE ON SOUTH AUSTRALIA. 101 963. Is not a large -portion of the convict expenditure defrayed by this • country ? — No doubt ; and that. is not included in my statement. In the state- ment I have hitherto made to the Committee, I have merely adverted to the expenses which are annual, and must be continually recurring ; but of course an allowance must be made for what Colonel Gawler calls " Outfit." In the case of Western Australia, regular sums were voted in the Parliamentary estimate to eredt buildings, and other sums of money as rent of offices. It is hardly possible to offer an estimate in money of how much will be wanted for public buildings in South Australia ; but at page 126 of the Papers delivered by Mr. Gairdner, the Committee will see stated by Colonel Gawler the buUdings and works actually erected or in progress ; and at page 127, the buildings and works which he describes as still wanted. 964. Are you able to state any sum as the amount which will probably be required under that last head during the next few years ? — Colonel Gawler mentions, at the page I have referred to, that among the objects still to be pro- vided for are v^harves, public sheds, custom-house, and other works at the new port, also a city gaol, a new emigrant dep6t, and an infirmary. I tried to make some calculation of the expenses of building a gaol, but I found it impracticable; so much must depend upon the price of materials and expense of labour. But suppose the gaol to cost 3,000 1., which I suppose is a moderate estimate, the infirmary 2,000^., the dep6t 2,000?., the custom-house 2,500/., and the wharves and other works 2,500?., the sum total of those figures is 12,000/. But I must state that they are almost mere conjectures ; there are no data to go upon. 965. That sum would have to be distributed over several years ? — ^That sum ought perhaps to be distributed over some years. I would vdsh to add, that I am not now prepared to say that there would never be an occasion when an expen- diture ought to be made upon roads. I think that for ordinary country roads the general revenue ought not to provide ; but there will be particular roads of very difficult construction which maybe close to the city, such as the communi- cation which the company is now making between the city of Adelaide and the port, to which roads, if the community is not rich enough to effect the object by private enterprise, I suppose the Government must contribute some share . 966. Mr. Hope^ Does not the 4 ?. a head in New South Wales include a good deal for the construction of roads ? — Certainly. 967. Mr. Wood.2 Has the colony of South Australia been founded, carried on, governed and protected without any charge whatever down to the present time upon the parent country ? — ^It has been founded and carried on up to the present time, without any charge to the mother country. 968. Is that the case with any other British colony ? — Certainly not. 969. Is there any other colony dependent upon this country, which is not at the present time a charge upon the revenues of this country ? — Unless it be for military purposes, there are many colonies which are not a charge to the mother country now. 970. Is there any colony which is not in one form or other a charge to the mother country in the way of expense ? — There is no colony that I remember, except South AustraUa, where there are not at present troops ; and the troops, without exception, are paid for by the mother country. 971. Chairman.^ What is the gross amount of the items you have men- tioned ? — -The gross amount is 53,500/., which I hope it will be remembered, is not my estimate, but a statement of the result of Colonel Gawler's abstract. This sum is for current expenses, exclusive of all charges for buildings and works. 972. Would not you have to add to that the interest of the debt ? — Yes. 973. Which you stated on the former day, assuming that the new debt of 210,0007. was to be incurred at a moderate rate of interest, to amount alto- gether to 1'6,00O/. a year ? — Yes. 974. Mr. Hope.'] Do yon conceive that the expenses of the Government vrill increase with the increase of the population ? — I should hope not, for some time to come. I should hope that the increase will be all on the revenue side. 975. Lord Eliot.] Will you refer to the proviso at the end of the third clause of the second South Australian Act. What is your construction of that pro- viso ? Do you think that that proviso was intended to apply to the balance of former years as well as to the receipt of the current year ? — My opinion is, that o.si. o 3 by r. Frederick Elliot, Esq. n March 1841, 102 MINUTES OF EVIDENCE TAKEN BEFORE THE 11 March 1.84,1. T. Frederick, ERiot, by that clause the commissioners were bound at the end of the current year ^sq- not to have a larger debt due to the emigration fund than one-third of the receipts during the year. But I do not think that if they had put the account into that state on the 3 1 st of December in one year, they were at hberty immediately afterwards to borrow again and to increase the debt, unless the emigration fund increased so much as to give them new means of doing it. 976, Was there no instance of their having done so ? — I have only 'been in the commission one year, and at the end of that year we were not in a condition to pay off the debt to the emigration fund, but if we had done so I should decidedly have objected to immediately afterwards increasing the debtagain beyond one-third of the probable revenue of the year. 977. Chairman.] Would you include in the receipts of the emigration fund, in any given year, the balance carried over from the former year, and which had been included in the receipts of the former year ? — Decidedly not ; I should consider it most objectionable. Veneris, 12° die Martii, 1841. MEMBERS PRESENT. Samuel Mills, Esq. la. March 1841. Captain A'Court. Mr. Raikes Currie. Lord Eijot. Lord Fitzalan. Mr. Gladstone. Sir George Grey. Mr. G. Hope. Lord Viscount Ho wick. Lord Mahon. Sir W. Molesworth. Mr. Vernon Smith. Lord Stanley. Mr. G. W. Wood. The Right Hon. Sir GEORGE GREY, Bart, in the Chair. Samuel Mills, Esq. called in ; and Examined. 978. Chairman:] WERE you one of the Board of Colonization Commissioners for South Australia ? — I was. ['- 979. When were you appointed ?— Under the first commission that issued • I do not exactly know the date. 980. Did you continue to act as a commissioner till the dissolution of the late Board : — 1 did. 981. The Committee have had laid before them a copy of a letter from Colonel Torrens the chairman of the late Board, to the Under Secretary of State for the Colonial Department, dated the 9th of December 1839, stating that "The Colo- nization Commissioners for South Australia request that Lord John Russell may be pleased to grant them the honour of an interview, in order that they may make a communication to his Lordship on the subject Of their receiving remuneration for their services." From a letter received from you, the Committee understand that prepared if there is such that that letter letter on the for was not written by order of the Board ; and minutes, that minute is incorrect. 983 Will you look at the letter from which that nassao-e i. n.mf.^ /./. hemg sho'wn to the Witness).~Bo you intend the CoShII ?"°*«J-('^^/«'"« that letter was not written iith the' sanctfon the larCd ? "no?'"' '^'' mg or requesting any pecuniary emolument or salarv for . to ■ ■ ^^ ''^'1""'" . 984. Do you^meLfthat tlfe Board aul or'Kr ch^^^^^^^^^ mterview, but did not state that as the obiect for which f Sv I^^ I ^ ^P.P^^ ^*'' ^" -Certainly not; they solicited an inte4w f 7^ i^V^^^^^^ had just then, or not long previously exchanj^ed tlVl : t- "^^^"^ ^"ssell Department for that of the 4fonial D?p;«^^^^^ with Lord John Russell, to state to h^m the ^^^^T^"^:^, from SELECT COMMITTEE ON SOUTH AUSTRALIA. 103 from the recent letters that had been received from Colonel Gawler, they thought Samuel Mills, Esq. was of such moment that it ought to be brought before his Lordship, with such explanations as they could give. 12 March 1541, 985. Captain A'Court.'] That letter was not seen by the Board before it was sent ? — I certainly did not see it, if it was seen by any members of the .Board ; I believe it was not signed by far the greater part of the Board ; two commissioners, I believe, were necessary to constitute a Board, and I cannot answer for every commissioner. 986. Chairman.^ You cannot state positively that the letter was not sanctioned by a Board consisting of the chairman and two commissioners, but that you were not present at the Board at which it was sanctioned ? — Certainly I was not present j and it was against, I am persuaded, the feelings of the majority of the Board. 987. You did not concur in asking for an interview for such an object ? — Not for such an object. 988. Did you contemplate receiving any remuneration as a commissioner ? — Never ; and whenever it was mentioned and discussed, I always expressed myself strongly against it, because it was an understood condition on which we accepted the office from Lord Glenelg that we were to receive no remuneration. 989. Lord Stanley,'] At the time of writing that letter, Colonel Torrens was in the receipt of a salary ? — He was ; and I apprehend the confusion has arisen because, (when Colonel Torrens expressed his wish' to have a salary), the Board individually concurred in the application, when it was made to Lord Glenelg and the Lords of the Treasury ; but that was a year or two years before. 990. Lord Mahon.] You concurred in that application ? — I believe I did ; I wrote a letter upon the subject, which Colonel Torrens took with him, I believe, to Lord Glenelg's office. 991. You were understood, then, to say, that at some meetings of the Board, or in private conversation, you expressed an opinion unfavourable to the other com- missioners receiving salaries ? — At the public meetings of the Board, and in gene- ral. There was a division about a proposal for receiving what is called coach-hire ; that is a sum of money which is generally divided in public Boards in ttie city of London by the persons that attend. 992. To what amount? — It would be 200/. a year for the whole commission ; it would have been divided, according to the attendance, at the end of the year. 993. You state that there was a division upon that subject ; how were the num- bers ? — I believe Mr. Mackinnon and Mr. Hutt, and one or two other gentlemen, divided with me and another gentleman, and the rest, I believe, were rather dis- posed to think that coach-hire ought to be paid. 994. But the decision was against it ? — I think the decision was against it. ggS. Chamnan.'] In accordance with the view which you took ? — Yes. 996. Lord Mahon.'] And you were understood to state that at , a subsequent Board the question of salary to the commissioners was mooted, and you and other commissioners expressed a view unfavourable to it ? — It might have been a subject of conversation ; but it never went further than a matter of conversation, in which several of us expressed our objection to it. 997. Captain A'Court.'] Did not you consider it irregular that Colonel Torrens should write this letter without calling the whole Board together upon a subject of such importance ? — I personally never knew it. He was requested to write a letter for the purpose of asking for an interview, but certainly not embracing an applica- tion for salaries. 998. Lord Mahon.] What was the object of the interview ? — The then state of the colony, because there were such very large drafts for money coming from Colonel Gawler, that some provision was necessary to be made for those bills. 999. In this letter dated the 9th of September the object of the interview is expressly limited to the subject of the commissioners receiving remuneration for their services ? — That was not the letter that was ordered to be written by the Board. The letter that was ordered to be written by the Board was to ask for an interview, in which the state of the colony would have been brought before Lord John Russell, there being then advices of bills drawn to a much larger amount than the commissioners had contemplated. \ooo. 'Lord Fit zalan.] Was Colonel Torrens authorized sometimes to write letters of this sort without the sanction of the commissioners ? — Certainly not. 1001. Chairman.] Is there anything further that you wish to state to the Com- mittee: — I have nothing further to say, except that I was very much surprised at o.iji. 04 receiving Samuel Mills, Esq. la March 1841. William Hutt, Esq. 1G4 MINUTES OF EVIDENCE TAKEN BEFORE THE receiving such a letter from Lord John Russell as we received in answer to this letter from Colonel Torrens. „„„i;,.afi"nn made in the 1009 lord WlahonA Had you any knowledge of the application maae m tne letter of Colonel Torreis of the 9th of September, until you received the answer tf Lord ^ohnlusS dated the .3A, st'ating his intention of appointing new rot'Sw7s?heS Tnowledge you had of the whole transaction ?-Th at was the first knowledge we had of the whole transaction. William Hutt, Esq. a Member of the House, Examined. 1004. Chairman:] YOU were a member of the late Board of Colonization ^Too5!'w:"y~uaTommissioner from the original constitution of that Board *"VS6"etcon^ ArcaUed the Amended Act of South Australia, was intro- duced by you as one of the commissioners ? — It was. . .,, r . 1007. Have you any observations to make to the Committee with reference tp the Acts themselves, or to the working of the commission under those Actsr- I have no particular wish to make any explanation to the Committee upon the subject ; but I am here to afford every information that tlie Committee may desire-. 1 008. You are aware of the present financial difficulties of the colony i—i am. 1000 Do you attribute those difficulties to any defect in the original Act or to any omission in the provisions which were proposed by the promoters _ot the scheme^— I think the difficulties which have arisen are the result of a combination of causes. One of them, 1 am bound to say, has been an indiscretion on the part of the governor, in the extent of the drafts that he has made on the com- missioners at home. - • 1 r- 1 1010. Looking at what has happened, do you still adhere to the principle ot the provisions of the original Act, by which the gross proceeds of all the land sales in the colony are applicable exclusively to emigration ? — I do. ( 1011. You are not of opinion that even the expenses of the surveys should be thrown upon that fund which is termed the Emigration Fund r— I do not see any objection, in principle, to that, provided the sum of money which is to be allotted out of the proceeds of the land sales to the purposes of surveying be defined and limited in its amount. 1012. Do you mean that, setting apart what you would consider a reasonable and sufficient amount for executing the surveys, you think the expense of those surveys ought to be charged upon the Land Fund ? — I see no objection to it. 1013. Was there any specific amount originally contemplated by the promoters of the measure, or by the commissioners, as to be set apart for that object? — There was no portion of the proceeds of the land sales to be set apart for the pur- poses of surveying. It was a fundamental principle of the Act under which South Australia was formed, that all the proceeds of the land sales should constitute an Emigration Fund. 1014. And contemplating the necessary expenses which the commissioners would have to provide for, did the original promoters of the measure, or the com- missioners under the first Act, ever form an estimate of the sum which would be requisite for accomplishing those objects? — The commissioners endeavoured to form an estimate, and took advice from parties in this country who appeared best qualified to give information upon the subject ; but they found that they had formed an erroneous estimate upon all the occasions when they attempted to do so. 1015. Do you mean that the estimate was below what the actual expense has proved to be? — The estimate was far below what the actual expense proved to be. 1016. Those expenses have been incurred under the authority of the late Board of Colonization Commissioners ?~As far as the expenses were authorized at all, they were incurred under the authority of the earlier commission. 1017. Can you state what amount of expense has been authorized by the late Board of Colonization Commissioners on account of surveys? — I cannot undertake to do that. The Committee will recollect that it is 1 8 months since I had anything to do with the papers. 1018. Do you think that the expense which has actually been incurred and sanctioned by the late Colonization Commissioners exceeds the amount which you, in SELECT COMMITTEE ON SOUTH AUSTRALIA. 105 in a former answer, stated you should think sufficient and reasonable for that William Hutt, Esq. object ? — I think the expense has greatly exceeded what I consider reasonable. ^^^^• 1019. Even the expense that was sanctioned by the late commissioners, as dis- 12 m r h 184.1 tinguished from that which has been actually incurred in excess of that sanction ? — I have some doubt how far the sanction of the commissioners went latterly. 1020. Assuming that you think there would be no objection to charging what would be a sufficient and reasonable sum for the expense of surveys on the Emigra- tion Fund, do you think that any portion of what may be termed the outfit of the colony, such as the erection of buildings necessary for conducting the business of the colony, ought to have been charged upon the Emigration Fund ? — No, I am not of that opinion ; I think they should be provided by the colony itself. 1021. You mentioned the excessive expenditure incurred by the governor as one cause of the present financial difficulties ; to what other causes do you attri- bute those difficulties ? — I think another cause will be found in the change of the commissioners, though I did not anticipate it at the time ; for when I received Lord John Russell's letter, communicating the fact that he had disbanded the commission, I wrote a private letter to him, telling him that I thought he had done well, and that I was perfectly satisfied with the alteration; but I now think the alteration has operated injuriously upon the interests of the colony. 1022. Are you aware of a letter of the present Board of commissioners to Lord John Russell, dated the 26th of August last, in which they state that by the last advices from the colony, the rate of expenditure had risen to nearly 140,000 I. a year ? — I can have no official knowledge of that ; I was no longer a member of the commission when that occurred. 1023. Are you aware of the fact that the rate of expense had risen to a very large amount ? — Yes, I understand so from report. 1024. Had not the expenditure risen to that rate under instructions sent out, not by the present Board of commissioners, but by the late Board ? — The governor might have fallen into the error of that large expenditure, from misunderstanding the directions that were given to him. I have not heard his explanation of the matter. 1025. But at the time the governor incurred the large expenditure, he was acting under instructions given by the former commission ? — No doubt under the earlier commission. 1026. Then when you attribute the financial difficulties pardy to the change of the commission, you do not mean that you attribute the excess of expenditure to the change of the commission ? — Certainly not, 1027. J" what way, then, did the change of the commission tend to produce those financial difficulties ? — The change of commission appeared to interfere very materially with the sale of land in this country ; had the sales of land gone on at the same rate at which they had been going on during the previous three years, I do not think the financial crisis which has for some time existed in South Australia would have arisen. 1028. What induces you to connect the diminution in the sales of land with the change of the commission? — The old commissioners appeared to possess, whether wisely or not it is not for me to say, a great degree of the public confi- dence ; they had overcom.e great difficulties ; they had done something new (in my opinion, something extraordinary), they had done it too, not only without the assistance of the Government, but, in some respects, in opposition to occasional expressions of opinion of men in office ; they had succeeded in forming in the desert a very prosperous and promising colony. Those circumstances appear to have operated very favourably upon the public mind, and the land sales were going on from year to year progressively increasing in amount. 1029. Mr. Gladstone.^ Were many of them also men of considerable commer- cial weight, and well known in the city? — Mr. Montefiore and Mr. Palmer were gentlemen connected with mercantile establishments in the city ; I am ignorant how far that might have operated in favour of the sale of land. 1050. That would tend to give facility to any pecuniary operations they might think it necessary to undertake ? — No doubt it did. 1031. Chairman.] In what month did the falling oiFin the land sales first show itself? — I believe the land sales fell off previously to the dissolution of the com- mission ; but then it was during that period of the year when the land sales had been found on other occasions to be very slack ■ I know no reason for believing 0.21. p that io6 MINUTES OF EVIDENCE TAKEN BEFORE THE William Hutt, Esq. that when the spring came on the land sales would not have resumed their original *'-^- frequency and extent, had the commission existed. ~ 1032. Lord Mahon.] You stated, that when the first commission was dissolved 12 March 1841. ^^^ considered that a judicious measure ; on what grounds did you form that opi- nion ? — I thought it judicious at the time, and I stated so to Lord John Russell : my reasons were these ; I did not consider the commission was very judiciously formed ; I thought that it might be improved, but I thought it was a very desirable thing to place the management of all the Crown lands of the colonies under a commission more immediately connected with the Government, and possessing more of its confidence. 1033. Having held that opinion in December 1839, on what grounds have you subsequently changed your opinion ?— My opinion has been changed principally by the results of the change which I witnessed ; I find the colony, which I had lef^ as I thought, in a state of extraordinary prosperity, all at once a scene of con- fusion, and all its financial affairs arrived at what is called a crisis. 1 034. Do you ascribe any part of this state of things to the acts of the new com- mission ? — Not to the acts of the new commission ; I referred it rather to the change which had taken place. 1035. Chairman.] In so far only as the land sales, fell off, but not in so far as regards the expenditure ? — In so far only as the land sales fell off. 1036. Lord Mahon^ Do you conceive there has been any other injurious effect than the falling off of the land sales ? — I think the two principal reasons to which I should ascribe the difficulties which the colony is now under, are, first of all, the large demands made by the governor in the colony on the authorities at home ; and, secondly, the circumstance of the land sales not going on at the rate I expected, which last I attribute to the change of the commission. 1037. Chairman.'] When you state that you left the colony in a flourishing condition, do you mean to include the state of the finances of the colony ? — Yes. 1038. Was not it in the contemplation of the original Board at the time of their dissolution to raise an additional loan? — I was in the country during the lat- ter part of the time that the earlier commission was in existence, and at this mo- ment I have no recollection of their raising a loan, except that the Revenue Fund had borrowed 8,000 Z. or 10,000/. from the Emigration Fund. 1039. I" t^e Fourth Annual Report of the commissioners, presented to Parlia- ment last July, bringing down the history of the colony to the 1st of January 1840, there is this passage. After stating the amount of the existing debt, the commissioners go on to say, " It would be superfluous, and perhaps improper, to enter in this place upon an explanation of the measures which, had our functions continued, we should have felt it our duty to adopt in order to place the finances of the province upon a stable foundation, by providing for the payment of the interest, and ultimately of the principal of the debt of 123,396 I., which has been incurred in planting the colony, and in providing for its government for a period of three years." Can you state what the measures were which were in the com templation of the commissioners at that time ?— I think it is apparent that that passage must refer to a loan. 1040. You have not a distinct recollection whether the commissioners were then agreed upon the necessity of immediately raising an additional loan?^I recollect that, about the month of August 1839, it had been contemplated, and had been the subject of conversation at the Board; but the subject was deferred, for two or three reasons : one of them was, I think, the deranged state of the money market, and the matter was not considered to be pressing. wn'.T; ^':J''''"'' ^f ?-J When you state that the cessation of the land sales was one of the causes of the present distress of the colony, which was owirfg to bn th^nuf anTd";"r""'i ^'l ^T ^P^^^'"^ ^^ ^^^ ^'^^ '^ *he present commis- dence on^th/Lv? T I' ^'"'^ '"''■'' °^" ^" ^^^ ''^^' to a diminution of confi- dence on the part^of purchasers, owing to the alteration of the commission ?- ratrdirnorp::efd srrir^^^ ^'" ' ^^" --'''' -' ^ ---'' -^^^^^^ the TmmTsl^n ^''/^V^T""' ^' ^^^ ''"''^' '^^' misfortune to the change of deLe ofTe nuW^wS .. ' T commission had not so much the confi- dence ot the public which the old commission had obtained; and then I think, there was a mistake made m regard to the residence of the commissbLs i^^ abandoned SELECT COMMITTEE ON SOUTH AUSTRALIA. 107 abandoned a well-known office, and went and took a house in a street, which I, having some knowledge of London, scarcely ever heard of. It is very desirable that oflSces of that sort should be as much in a public thoroughfare as possible. 1043. Lord Mahon.] At what date did you affix your signature to the Fourth Report ? — I signed the Fourth Report in the summer of last year ; I am unable to mention the precise time ; it might have been in the month of June. 1044. It was sent in on the 25th of July, and you signed it shortly before ?— A few weeks before. The truth was this, that the Report was a long time in preparation. When I came to town and found the commission was dissolved, I recommended my colleagues, who were not all of them very well satisfied with the manner in which the commission had been dissolved, to draw up a Report, and to state to the Secretary of State all they considered they had done for the colony. Not all of them were disposed to do so ; and the negotiations which took place in consequence of the recommendation which I offered, together with some accounts waited for from the colony, delayed for a time the progress of the Report. 1045. And there was not complete unanimity in signing it ? — No, there was not complete unanimity; on the contrary, some of the commissioners declined to sign the Report at all, being dissatisfied with their dismissal. 1046. Chairman.] With regard to the loan which was in contemplation, to what extent, in your opinion, had the commissioners the power of increasing the exist- ing debt of the colony by loans raised in this country ? — They had the power, under the first Act of Parliament, of raising 50,000/. for the Emigration Fund, on the security of the revenues of the colony, and 200,000 I. on the security of the land in the colony for the purposes of local government. 1047. Of that, how much had actually been raised? — They had borrowed nothing of the first fund; they had borrowed 80,000?. of the second, or rather they had entered into a contract for raising 80,000 /. upon the security of the lands. 1048. Then at the time of the dissolution of the late commission, under the first Act the commissioners had the power of borrowing a loan, to what amount ? — To the extent of 250,000/. 1049. Do you mean exclusive of the 80,000/. which had actually been con- tracted for ? — No, deducting the 80,000 /., or that portion of it which the com- missioners had received. 1050. Looking at the second Act, what power of borrowing had they under that Act ? — I had charge of the Bill ; and when I introduced it into the House of Commons I did not contemplate giving any additional power to the commissioners to augment the amount of the money to be raised on loan. 1051. Did you originally contemplate giving the commissioners power to borrow from one fund for the benefit of another ? — I did. 1052. At the end of the third clause of the amended Act there is a proviso in these words : " Provided always, that the amount advanced from the Emigration Fund in aid of the revenues of the colony, together with the debt which may have been due to the Ernigration Fund at the commencement of any year, shall not at the close of any such year exceed one-third of the amount which may have accrued to the Emigration Fund in the course of such year." In the original draft of the Bill, as submitted to the Government, that proviso does not appear. Can you account for the introduction of that proviso, and can you state to the Committee the construction which you put upon it at the time of the Bill being passed ? — The history of the Bill, as nearly as I recollect it, was this : It was found neces- sary for various purposes that an amended Act should be obtained ; and a draft of the Bill was made by the solicitor of the commissioners, Mr. Freshfield, which was submitted to the Board. Having been approved by the Board, it was submitted to the Secretary of State for the Colonies, with a request that he would express his opinion upon it. The approbation of the Secretary of State was obtained, but he declined introducing it on the authority of the Government, and recommended that some member of the Board of commissioners should do that; the com- missioners requested me to undertake that duty, which I did. The Bill met with many difficulties in the House of Commons, and that part which relates to the transference of the sums of money from one fund to the other was a subject of particular observation ; 1 think that the proviso to which the question has referred was introduced in consequence of the discussion which took place iiT the House of Commons ; but the Bill was materially altered in the House of Com- mons, so much so, that I had some doubt whether it would not be desirable to with- 0.21. p 2 draw William Hiitt, Esq. M. p. 12 March 1841. io8 MINUTES OF EVIDENCE TAKEN BEFORE THE William Hutf, Esq. draw it altogether. I reported to my colleagues the result of my exertions to get M. P. the Bill passed ; it was their opinion that I should go on with it, and I endeavoured to set it right in the Upper House of Parliament. The Bill passed through 12 March'1841, j^g jj^ugg ^f Commons, and when it was in the House of Lords some officer of the commission (I am not sure whether it was Colonel Torrens, or whether it was Mr. Hill, or the solicitor to the commission) saw Lord Shaftesbury about it, and considerable alterations were introduced. 1053. What limit, in your opinion, was placed by that proviso as to the power of the commissioners to borrow from one fund for the other ?— I was always under the impression that the only power which the new Act of Parliament gave was this, that it enabled the commissioners to borrow from the Emigration Fund any amount of money, provided that at the end of the year they had not exceeded one-third of the whole amount to the credit of the Emigration Fund. 1054. In estimating the amount of the Emigration Fund, one-third of which they were not to exceed, did you take into account the balances carried over to that fund from the preceding year ? — I did take that into account. 1055. You thought that at the end of the year the commissioners would have complied with the Act, if the Emigration Fund at the time comprised two-thirds of the whole amount of which it had consisted at any previous period during the year ? — Precisely so. 1056. In a letter from Mr. Rowland Hill, the secretary of the commission, in submitting this Bill on the part of the commissioners to the Government, there is the following passage : " The fourth clause of the draft " (that is the clause now referred to) " would have been important, had the Bill for amending the South Australian Act been passed last session, as originally proposed ; because then the commissioners had at their disposal a large and unemployed Emigration Fund, the lending of which to the Revenue Fund would have enabled them to defer raising money on revenue bonds, and consequently to effect a considerable saving of in- terest ; but at present the South Australian Company, and other capitalists, are urging the commissioners to send out so large a supply of emigrant labourers, that the whole of the Emigration Fund at present at their disposal will be speedily exhausted; under these altered circumstances, the power of making temporary loans from one fund to the other becomes comparatively unimportant." What, in point of fact, has been the operation of that clause, to which so little importance was then attached by the commissioners ; did the former Colonization Commis- sioners exercise in any extensive degree the power conferred by that clause of borrowing from the Emigration Fund on behalf of the Revenue ? — I believe the Bill had no sooner passed than they borrowed from the Emigration Fund to the extent of between 8,000 /. and 9,000 /. 1057. Can you state the whole amount which had been borrowed from the Emigration Fund on behalf of the Revenue at the time of the dissolution of the late Board?— I speak on that subject with a little diffidence, because I was in the country at the time ; and though I was in the habit of receiving the minutes of the Board, I do not recollect the events so well as if I had taken part in them; but I think, at the dissolution of the commission, money to the amount of 25,000 I had been transferred from the one fund to the other. 1058. Then although the commissioners originally thought the power unim- portant, they found when they had the power that it was necessary to borrow from the Emigration Fund for the purpose of the Revenue ?— They found that it was desirable to do it, because they had contracted to raise a loan at the rate of 10 per cent, and a large portion of money to the credit of the Emigration Fund was lying in their treasurers hands without interest, and it was therefore extremely the cobn """""^ ^^ '' ''"'^ '" *° '"^^ *' ^'^^' '^'^ of interest to 1 T,'°^^" ^^f^ '^^^^'^emandonthe commissioners for money to send out emigmnt • labourei^ afterwards dimmish, so that your expectation of having the whoKmi-' -No"l do noTann' f '{ the necessity of sending out emigrants^was not aM? of which creatlTKpV- r '^%'''! '^' '^''- ^he sales of land, the proceeds ot vyhich cieated the Emigration Fund, went on at a very great rate and they obtained very large sums of money. ^ ^ ' ^ 1060. Do you mean that the sales of land were made so rapidly and that such fTe ZlnTu/on r fund f'^"' ^'' ^°" ^'^^^ ^'^'^^^ conSbty1n'adv:n7e or tne aemand upon the fund for sending out em grants ?— We were 1061. Mr. Vernon Smith.] When Colonel Torrens's attention w!; called to the proviso just now referred to, he says, as his opinion of the intentTon of it, "We' might SELECT COMMITTEE ON SOUTH AUSTRALIA. 109 might have done what we pleased in the course of the year, provided we borrowed William HHU,Esq so as to bring the debt within one-third of the amount of the land sales during m- ^• the year ; we had an unlimited power, as we conceived, of going to the public for "■ loans." Do you agree in that view of the power given you under the Act of borrow- ^"^ March 1S41. ing money ? — Having understood that Colonel Torrens had given that opinion, I consulted the Act of Parliament, and I found that it might bear that inter- pretation ; buti remarked it with great astonishment, and indeed with great regret ; for I felt that I was in some degree responsible for the Act of Parliament. 1062. You did not conceive that there was any such intention on the part of the fraraers of the Act ? — Such was not my intention in introducing the Bill ; At the same time, I should remark, that the Bill which I introduced into the House of Commons was not precisely the Bill which passed; it underwent many alterations ; some in the House of Commons, and some of a more important description in the House of Lords. . 1063. Have you seen the correspondence which passed between the Treasury and the Colonial Office and the Colonization Commissioners upon the subject of that Bill ? — I must have seen it at the time. 1064. You do not remember whether there was anything relative to this power in the correspondence ? — I have an impression that there is no notice of it. 1065. Lord Stank]/.] You stated that you had been one of the commissioners from the commencement of the undertaking ; was it your opinion from the begin- ning that it was essential that the Colonization Commissioners should exercise an entire control over the funds of the province, from whatever source raised? — I thought it to be expedient that the commissioners should exercise a perfect con- trol over that portion of the revenues of the colony which accrued from the sales of land. 1066. Was it your opinion thst the commissioners should exercise a control over the revenues of the colony generally, and over the whole financial arrangements of the colony ? — ^I have some reluctance to answer with regard to the opinions which I might have had upon a point of that sort five or six years ago ; but my belief is, that I never thought it necessary for the commissioners to exercise any control over the fund which is more properly called the revenue of the colony; I mean that portion which would be raised by taxes. 1067. Are you aware that, according to the interpretation given to the original Act, the whole of the funds raised in the colony are held to have been at the dis- posal of the Colonization Commissioners ? — Yes. 1068. That authority having been placed by the Act in their hands, can you state whether the commissioners entered into any calculations of the probable amount of revenue, and of the probable amount of expenditure for carrying on the business of government, exclusively of the Emigration Fund ? — The commissioners made such calculations, principally founded upon the revenues collected in the neighbouring Australasian colonies. 1069. Are the Committee to understand that, previously to sending out the first emigrants, any calculation was made of the probable revenue, and any limitation affixed to the expenditure, the gross proceeds of the land sales being, according to your view, strictly limited to the purpose of carrying out emigrants ? — Such esti- mates were certainly made, but, of course, they must have been of a very general and rough nature, depending upon a variety of contingencies. 1070. Can you state whether, in point of revenue, your expectations, and the estimates you then formed, have been disappointed ? — No, I do not think that the expectations which were formed of the amount of revenue have been disap- ■pointed. 1071. Do you consider that the expenditure now sanctioned by Colonel Gawler, so far as it relates to the departments purely of government, is an extravagant expenditure, and one which exceeds the estimates you then formed? — I am scai'cely aware precisely what would be called the department of the government ; whether the police force, for instance, would be included. 1072. Excluding the police force ? — I feel great reluctance to express an opinion which would reflect upon a gentleman who is absent. 1073. The object is to know upon what sort of scale the commissioners, having vthe whole responsibility and the whole authority over the revenues of the province, calculated the expenditure in the first instance, so as to proportion it to the reve- nue, and to avoid the financial difficulties which have since arisen ? — At the time Colonel Gawler went out, the commissioners calculated that the revenues apper- 0,21. p 3 taining lor MINUTES OF EVIDENCE TAKEN BEFORE THE William ifjiW, Esq. M, p. 12 March X84X. taining to the government, would amount to about 20,000/. a year, and they considered that would be sufficient for carrying on the necessary operations of the government. 1074. Are the Committee to understand, that at the time Colonel Gawler went out the commissioners calculated that 20,000/, would be sufficient for carryingjon all the expenses of government, including the civil and judicial offices, the police, the expenses of the survey, and the expenses connected with emigration, with the exception of immigrants? — The commissioners considered that 20,000/. a year would be adequate to all the necessary expenses of the government. 1075. Can you state what the commissioners considered the necessary expenses of the government; whether any of the heads now enumerated were not considered by the commissioners as part of the necessary expenses of government? — No doubt all those expenses devolve upon the government. The commissioners could have no difference of opinion upon that subject ; there might be some difference of opinion with regard to the extent of the establishments which were formed by Colonel Gawler for the purpose of carrying on those duties. 1076. But the commissioners estimated that 20,000/. a year would be amply sufficient to discharge all those duties upon the scale which they recommended ? — Yes. 1077. Did the commissioners enter into any detailed examination to verify the amount of 20,000/. as being sufficient for all those purposes? — Yes; there was an estimate formed and a calculation made of the means of meeting the expenses detailed in that estimate. 1078. Is that estimate before the Committee ? — I cannot answer that question; I should think it unlikely that the papers which were prepared were the subjects of correspondence ; but it is probable that they appear on the minutes. 1079. At what time did Colonel Gawler go out? — In 1838. 1080. Mr. Vernon Smith.^ Did that 20,000/. a year include any provision for the interest of the debt ? — No, I think not in the first year. 1081. How did the commissioners propose to meet that? — It must have been met in the first instance by a loan ; the commissioners considered the receipts of the customs more especially, upon which they depended for the revenue of the colony, would increase beyond the exigencies of the government. 1082. Lord Stanley.'] Were any instructions given to Colonel Gawler, when he went out, by which he might understand that the estimate formed by the com- missioners of the whole expenses of his government should not exceed 20,000/. a year ? — I believe that was the case. 1083. Including all the departments which were enumerated a short time ago? — Including all the departments enumerated in that question. 1084. You believe that such instructions were given to Colonel Gawler accom- panied by such an estimate ? — Yes ; many instructions given to Colonel Gawler were given in conversation ; but all the material points to which his attention was called were submitted to him in writing. 1085. By the papers which have been laid before the Committee it appears that, setting aside all charges for the storekeeper's department, all charges for the surveys, all charges for police, all charges for immigrants, the annual expenditure of the government for the officer alone, including salaries only, and not including anythmg in the nature of contingencies, amounts to about 20,000 I. a year the total revenue which you estimated in 1838 ; can you state to what you limited the amount of the judicial and civil salaries in your estimate, as a portion of the 20,000/ a year r— I could not give that statement. lam not come prepared to answer such a question as that, which refers to matters that have for some time faded from my mind. 1086 Lord Mahon.] You have stated that you conceive the sales of the land to have decreased since, and in consequence of the appointment of the new com- mission ; now, on referring to the periodical statements of sales appended to the fourth Report, woud it. not appear that the decrease has taken place durina the former commission, because on referring to the first two months and the last two months of the year 1839, >t appears that in the n)onth of January there were sold we?-nrtnVi;"l f .'"''''^ of February there were sold 2,560 acres ; but when we come to the last two months, it appears that in November there were 560 acres sold, and in December, nil. Now how is that reconcileable with your opinion that the Land Fund had decreased in consequence of the change of the rnmmK„nn?_We always considered that ihe months of November, December, and commission : SELECT COMMITTEE ON SOUTH AUSTRALIA. m and January were unfavourable to the sales of land ; it is a period of the year IVUliam Butt, Esq when parties are not very willing to go out, and therefore they do not make pur- ^- ^• chases ; we found that to be the case practically ; we saw, without any kind of "" surprise, that there was a falling oflF in the sales in the months of December and ^^ March 1841. January, and therefore we did not attribute it to any defect in the system under which we were acting ; we looked upon it as the necessary result of the circum- stances I have stated. 1087. If, as you state, the months of December and January were both unfa- vourable, is it not a remarkable fact that 6,000 acres were sold in January 1839, and not a single acre in December of the same year % — If I recollect rightly, that sale of 6,000 acres in the month of January was the result of a negotiation which had been going on with some parties in the north, and it accidentally came to a termination that month. io88. Mr. Haikes CurrieJ] Are you aware that in the month of October 1839 you sold 1 8,336 acres, and therefore that your average sale for the last three months of the year is equal to the general average of the year? — It appears so. 1089. Might that excessive sale in October, of 18,336 acres, which is three times as large as any other month's sale, account for the lessened sales in the months immediately subsequent ?• — I think it is very probable that it did so. logo. Chairman.'] Will you turn to page 43 of your Third Report, Appendix No. 14, paragraph 4, of Instructions addressed to Colonel Gawler as Resident Commissioner of South Australia, in which there is this passage : " Schedules are delivered herewith of the establishment and appointments in South Australia, as fixed by the Colonization Commissioners, and approved by the Lords Commis- sioners of the Treasury ;" are those schedules of the establishment and appointments included in the report from the commissioners? — They were not included, appa- rently, in the report of the commissioners ; they will be found in the minutes. 1091. Could there beany difficulty in producing those schedules and laying them before the Committee ? — None whatever ; no doubt they are found in the minutes of the proceedings of the Board. I think it very desirable that the Com- mittee should examine Mr. Hill upon these subjects ; certainly the Committee should see the minutes. 1092. Lord Howick.] You said that you attributed the financial difficulties of the colony in a considerable degree to the falling off in the land sales. Was it practicable to found a colony in the manner adopted by borrowing money, with- out depending, to a considerable extent upon the contingency of receipts from the sale of land ? — No. a 093. Do you think that the falling off in the land sales was in any degree to be attributed to a diversion of the stream of emigration to New Zealand ? — It is not my opinion that the diminution of the land sales resulted from the purchases that were going on in New Zealand ; that did not prevent the sales of land at Port PhilHp. 1094. You do not think that the fact of a new scheme of this sort being in pro- gress, and attracting a considerable portion of public favour, was calculated to divert the stream of emigration from former colonies ? — No doubt it must have influenced it in a degree ; but I do not think it could have influenced it to the degree of stopping, or very materially diminishing, the amount of sales of land in South Australia. 1095. Mr. Raikes Currie.] Do you think that the old commission, from its mixed and partly commercial character, took more active measures for the sale of land, by advertising and otherwise, and oflFered greater facilities to purchasers than it was possible or perhaps proper for a commission of a strictly official cha- racter to do ? — I am of that opinion. 1096. Chairman.] But looking at the extent of the present embarrassments, and at the amount of expenditure which appears to have been incurred by Colonel Gawler, do you think that even if the land sales had not fallen off, the financial embarrassments of the colony could by this time have been avoided ? — I am scarcely aware of the precise state of the finances of the colony; but had the land sales gone on progressively increasing as they had done in the three previous years, I think the financial derangement which now exists could not have arrived at its present height. 1097. Although it might not have arrived at its present height, do not you think that information reaching this country, within six months of the period when the late Board was dissolved, that the expenditure had risen to the rate of 0.21. P4 about 112 MINUTES OF EVIDENCE TAKEN BEFORE THE William Hutt, Esq. about 140,000 1, a year, must have produced financial embarrassment ? — No doubt it M, P. would have produced financial inconvenience. 1098. Even if the land sales had continued at the rate at which they had been 12 March 1841. ga^^^.;g(^ ^^^ ^^ ^^^ preceding year ?— >Yes ; if the expenses had gone on at the rate at which they appear to have gone on, it must have produced some financial embar- rassment, " ■■■ 1099. Lord Stanley.} Did you not state in the early part of your examination that you saw, in principle, no objection to such an alteration of the original Act as should make the sum applicable to the purposes of emigration the net proceeds instead of the gross proceeds of the land sales ?— I did, 1100. What would you consider to be the expenses which would make the dif- ference between the net and the gross proceeds ? — The question which was pro- posed to me regarded the expenses arising from the survey establishment, which were considered one portion of the necessary expenses of the sale of land ; I con- sidered that deducting the necessary expenses of the survey, that would give the net proceeds of the land sales. 1101. Assuming the adoption of the principle, have you considered in what manner it might be most advisable to apply it, whether by deducting the gross amount of the expense of the survey from the gross amount applicable to emi- gration, or by providing for the expense of the survey by a separate charge upon every purchase, by way of fee or otherwise ? — I have sometimes considered that question. It appears to me that there would be no objection to act upon this system, namely, having estimated the expense per acre of the survey, to take what Mr, Wakefield has called a sufficient price for supplying the land with labourers as the price of the land, and to add to that the 3• question 939 - _ _ _J £. s. d. 5,150 19 10 1,467 5 5 4,725 1 6 2,167 - - 1 6 , , £. 2,558 Judicial Contingencies (the first two! items in Golonel Gawler's Schedule > 248 2 - after " Marine") -' - - -J Printing ------ 493 4 - Total Contingencies - ■ Total Salaries aad Contingencies, exclusive ofl Police, Surveys, Land and Immigration Depart- 1 ments -----_-_) PxJice : Salaries ------ 1,467 5 5 Contingencies ----- 2,304 12 6 Total Police - Marine ----_---_ Misedlaneous, including Infirmary, Botanist, and Men"l employed by Town Surveyors - - - - _j Total Establishment, exclusive of Surveys,") Land and Immigration, on the scale of the last Quarter of 1839 ----- :l PEE quarter. £. s. d. 3,683 14 5 3,304 7 6 6,988 1 11 3,771 17 11 1,020 7 8 706 4 4 12,486 11 10 Brought down £. AugmsKtation which it has been supposed may be necessary in the Sala-" ries of some of the prinGipal officers of Government, say - - _ Permanent part of Survey Establishment, estimated at - £. 2,300 - - Ditto, ditto, of Land and Immigration Departments,! estimated at 1,000 - - £. 3,300 - _ As, however, it must be hoped that in any year there could not fail to bel some part of the Land Revenue applicable to these charges state the I possible charges under these heads at 2,300 I., or say - ' - _ | Assumed Interest on the Public Debt of South Australia, including"! proposed Loan of 210,000 1, - - - - - - -_f per annum. s. d. 14,734 17 8 13,217 10 - 27,952 7 8 15,087 11 8 4,081 10 8 2,824 17 4 49,946 7 4 49,946 7 4 1,200 - - 2,353 12 8 53,500 - - 16,000 -* - 69,500 - ^•p-—'^^G^ preceding Schedule includes only current and annual expenses, and contains no allowance for Public Buildings and Works, Roads and Bridges. The charge under 0.21, T. Fred. Elliot, Esq. 16 March 1841. R4 those 128 MINUTES OF EVIDENCE TAKEN BEFORE THE T Fred Elliot those heads for the last quarter of 1839 was 7,879 Z. 5 s. It is not known exactly what Esq. buildings are completed, and what still in progress or not yet commenced ; but m H°!- ™- 1 ler's Mhute of the 3d April 1840, there is a passage at page 127 of the Papers laid before ,6 jyiarch 1841. the Committee, which mentions various buildings and works as still urgently requirea- Here is also a Table of the comparative emigration to South Australia in 1839 and 1840, which I deliver in on the part of the Colonization Commissioners. [The Witness delivered in the same, which is as follows ;] COMPARATIVE TABLE of Emigration to South Australia, for 1839 and 1840,^ up to the Month of August, when the latter ceased. 1839. 1840. January - - - - - February _ - - - March - - - - - April _ - - - - May June - - _ _ - July August - - - - - 305 322 535 354 370 394 240 923 48 360 409 438 379 238 625 645 3,443 3,142* * The emigration was nearly stopped for the month of January, in pursuance of an order of the late commissioners, 8 November 1839, recorded on the Minutes of proceedings; Deducting that month from both years, the emigration of 1840 during the above period, was within less than 50 of that of 1839. 1314. Mr. Parker^ Will the correspondence you have put in between Colonel Gawler and the commissioners contain those portions of it which, j-elate to the causes of removal of Mr. Fisher and Mr. Gilles ?— The irregularities of each of those gentlemen are alluded to in some of these papers ; but there is besides an exceedingly voluminous report of a Board upon Mr. Fisher's conduct,;, which would mucia encumber the Minutes of the Committee, and probably would not be thought necessary in a selection, of which the purpose is to illustrate the financial administration of Colonel Gawlier. 1315. Do you know what was the object of that court of inquiry? — ^To inquire generally into Mr. Fisher's conduct, and to endeavour to ascertain why his accounts had never been delivered. 1316. Do you know the result at which they arrived? — On a matter so much affecting individual character, I would ask leave rather to produce an extract, if desired, of the despatch enclosing the Report, than to state the result in my own words, from memdry. With respect to a reduction in the amount of the expenditure, I beg to explain that I was willing to endeavour to suggest reductions, because I so much regretted to find the very large demands that would have to be paid by South Australia compared with its resources; but upon further consideration, and upon con- sulting too with one of my colleagues, I think I had better not make the attempt., [^ So far back as in the month of May of last year, the commissioners had an inteur ! tion of revising the establishments of South Austraha, to see upon what per-"* manent footing they should be placed, but in June the bills began to arrive in a much increased ratio ; we felt the ground shifting, as it were, under our feet, and we could not execute our intention at that time.' In December 1840, Captain Grey very properly applied for instructions, before he went out as governor, what course to pursue with respect to salaries, and we then resumed our intention of attempting to fix a permanent scale of establishment ; but upon further conferences with Captain Grey and with other departments of the Government, we found the information about South . Australia was so im- perfect, and the uncertainty of its future prospects at that moment so great, that i6 March 1841. SELECT COMMITTEE ON SOUTH AUSTRALIA. 129 that the only resource was to desire Captain Grey, the moment he reached the T. Fred. Elliot, colony, to make a report upon the subject, and to defer any decision till the ^^1' Governor could be heard from. I think under these circumstances, I should be very hkely to fall into error if I were to enter into detail now upon the subject of reductions, but I beg once for all to state this result to the Com- mittee, which the Table I have delivered in will exemplify. The whole annual current expenses of South Australia by the Table, upon the scale of the current expenditure in the last quarter of 1839, appears to amount to about 50,000 I. a year. A few additional items of expense in my last evidence would amount to 3,500 I. more ; and the interest of the debt is assumed at 16,000 I. ; so that the total demands on the colony for the ordinary current expenses are very little less than 70,000 Z. per annum. The revenue has been estimated at 30,000 I. The deficit has to be provided for. 1317. Chairman.'] That estimate is founded upon the establishments actually existing at the time of the latest accounts from the colony, and which Captain Grey is directed to revise ? — It is so founded ; and instead of proposing reduc- tions in detail, I would leave it to the Committee to judge to what extent it is reasonable to suppose it possible the Governor may reduce. 1318. Allusion was made on the former day to the instructions to the resi- dent commissioner of South Australia in regard to the receipt and expenditure of the public money, which are to be found at page 43 of the Third Report of the late commissioners, in which it is stated, that " Schedules are delivered here- with of the establishment and appointments in South Australia, as fixed by the Colonization Commissioners, and approved by the Lords Commissioners of the Treasury;" does the correspondence between the commissioners and Colonel Gawler, which you have to-day put in, comprise those schedules ? — It does. 1319. luordi Eliot.'] In the Paper, No. 5, put in by you, it appears that on the Ffrfe Appendix, 1st of January 1841, the sum of 47,189/. 12*. \\ d. was due for passage- P- iQS- money, agency and sundries, and that biUs to the amount of 43,766/. b s. 7 d. have been presented but not accepted ; can you furnish the Committee with an account, showing what portion of those liabilities had become payable on the 1st of January, and what further portion on the 1st of February 1841 ? — That sum of passage-money, agency and sundries, includes debts of which almost all must be actually due, unless it should happen to comprise, which I cannot state from memory, the next half-year's dividends. 1320. Can you furnish the Committee with an account showing what por- tion of those liabilities was due on the 1st of January, and what portion on the 1st of February ? — I will endeavour to do so. 1321. Can you furnish the Committee with an account showing the sums which would have remained due in the hands of the commissioners on the 1st of January 1841, after discharging all the liabilities which had become payable up to that day^ if you had raised a loan of 120,000 I: in June 1840, and if you had obtained from the Government a release of the guarantee fund ? — I have not made that calculation ; but in the Paper which I delivered in. No. 1, I have shown the Committee that the whole liabilities of the colony, including the repayment of the emigration fund, which was imperative by the Act of Par- liament, and which, if the misfortunes of the colony were to be considered as averted, could never have been set aside, amount to 210,000/. I therefore ' continue to suppose it impossible, that a loan of 120,000/. would have paid 210,000/. How it would have affected the exact state of the debts at this moment, I am not aware ; but I know it was the intention of the commissioners above all things to replenish the emigration fund ; and I presume, therefore, that the revenue claimants would have been the principal sufferers. 1322. Chairman^ Could the Government have released the guarantee fund without the intervention of Parliament ? — That would depend upon the con- struction put upon the clause. I should be inclined to think that the Govern- inent could not permanently release the guarantee fund. On the other hand, there are words which seem to indicate, that the Secretary of State might for a time consent to a reduction in it. 1323. Mr. IVood.'] Was not 5,000 /. of that fund released ? — It was. 1324. Under what authority? — Under the authority of the Secretary of State and the Lords of the Treasury. 0.21. s 1325. Without 130 MINUTES OF EVIDENCE TAKEN BEFORE THK T. Fred. Elliot, i ^35. Without the intervention of Parliament ?-^ Without the intervention of ^^q- Parliament, but subject to an immediate demand for repayment, as provided 16 March 1841. °'',3^6^C^a1™!f When you speak of that 5,000 L having been released was' not it4he fact, that the Government, under the authority of the hrst Act of Parhament, drew upon that fund to that amount, in order to defray expenses, incurred on account of the colony, which the commissioners were unable or un- willing to defray ?-The manner in which I believe the guarantee fund to have been diminished, was, that Captain Hindmarsh, the first governor, without any authority whatever, drew upon the Lords of the Treasury. The late commis- sioners said, that the bill was not upon them, and therefore they would not pay it^ The Lords of the Treasury, rather than return the bill to the colony, said, that they would pay it, but under the authority of this Act they intended to enforce repayment. The commissioners, however, always happened to have some sufficient reason to postpone the payment, and the colony is stiU m debt to the Government to that amount. 1327. Mr. Wood.] Then the 5,000 /. has not yet been replaced ?— It has not vet l)6Gii rGplRccd. 1328. liordi Eliot.] Can you furnish an account similar to that before specified, deducting from the sum which would otherwise have been in hand on the Istof January 1841, the amount of liabiUties which would have become payable upon that day, had you despatched one emigrant ship of the average class in each of the months of September, October, and November 1840?— Those are rather difficult questions to answer extemporaneously, but I have no doubt that the accountant of the commissioners, by whom, and not by any member of the Board to enforce any particular view, were prepared all the statements I handed in, will also be able to furnish any other accounts whatever that any member of the Committee may wish to see. 1329. Did a correspondence take place in the early part of the year 1841, between your Board, or any member of the Board, and Mr, Freshfield, the soh- eitor of the commission, on the subject of a loan, to be raised by the issue of bonds receivable in the colony for land ? — A correspondence did pass on that subject between Colonel Torrens and Mr. Freshfield. Colonel Torrens, I believe, thought that interest might be saved in raising the proposed loan, if the bonds were made payable in the colony for land, bearing interest, in the meanwhile, like any other colonial revenue securities. The other members of the commission thought it very doubtful in point of law, whether we had any right to make these bonds payable for land. The Act of Parliament distinguishes between loans raised on the security of the revenue, and loans raised on the security of land. Those bonds, which were to be accepted as payments for land, would virtually have been raised at once upon the security of the land. Mr. Freshfield, however, was written to ; and he gave his opinion that it would be attended with consider- able danger of violating the law, (unless I much mistake in my recollection of his letter,) to have recourse to this plan. He stated that everything would depend upon an accurate system of book-keeping, and this, be it remembered, in reference to a colony from which, at that time, we had not, from the beginning, been able to obtain a single account of any kind. 1330. Was that correspondence submitted to the consideration of the Board? — It was; and to the Jaest of my recollection, after discussing the danger of irregularities in the book-keeping, some members of the Board urged the pro- bable illegality of the device, and the particular member of the Board who first suggested the idea appeared willing to waive it. But I may be mistaken in the last point ; I speak to the best of my recollection. J would only observe, that the whole of this correspondence related to the best mode of raising a loan, and did not affect the question of the time when the loan should be raised. 1331. Did the Board come to any formal or positive determination upon the subject, or was the matter allowed to drop ? — I do not think the rejection of the plan was recorded on the minutes ; it was, I believe, allowed to drop. 1332. Did Mr. Freshfield ever send in to the Board a professional bill con- taining any items of charge for preparing a draft of a colonial revenue security ? —He sent in a bill for all his professional services rendered during the year 1840, and I have no doubt it is likely to include a charge for this correspondence.- 1333. Did he make a charge for preparing the draft of a colonial revenue security, without knowing whether such a measure was in the contemplatioii of SELECT COMMITTEE ON SOUTH AUSTRALIA. 131 of the Board ?— rit depended upon the discretion of Colonel Torrens, who r. Pred. Elliot, wrote to Mr. Freshfield, whether it was desirable to incur the expense of his Esq. opinion, of which opinion the draft security formed an illustration. But I do — '■ not find fault with that discretion, for the Board could hardly decide whether ^^ March 1841. or not they would use this form of security, till they had a legal opinion to assist liieir judgment. 1334. Can you furnish the Committee with a copy of Mr. Freshfield's bill, so far as relates to that plan for raising a loan by revenue bonds commutable for l^nd, and a copy of the correspondence with Mr. Freshfield upon the same sub- ject ?-- 1 was unable to procure from the commissioners' office the letters from Mr. Freshfield, but Colonel Torrens was good enough to furnish me with copies which he had been able to find at his own dwelling, and from those documents copies could be taken, I have no doubt, for the use of the Committee. The extract from the bill can be furnished without difficulty. 1335. Chairman.l Have you any record on the minutes of this corre- spondence ? — It is mentioned once or twice in the minutes, in general terms, that the question of a loan was considered, and deferred ; I dare say Mr. Fresh- field's papers may have been considered on one of those occasions. 1336. Lord Stanley/.'] In one of the papers you have put in, a calculation was made of an annual deficiency amounting to 40,000 /. a-year. Is not this calculation made without any reference to the uncertain expenditure for roads, bridges, and public works ? — As stated in the Table, it is merely for the ordinary current annual expenditure ; and I have no doubt that those other objects would require to be provided for also. 1337. Upon what ground is it that you have stated that 1,000?. a-year may be saved, or may be applied from the land fund in diminution of certain expenses which you have here enumerated ? — Because I was in hopes that in no year would the land fund be actually reduced to nothing ; and I named that sum as an assumption of the lowest receipts fi-om that source. 1338. Have you examined what the total produce of the land sales has been, as set aga,inst the total expense of surveys and expenses connected with the emigration department ? — It would have been an interesting comparison ; but our accounts have been too imperfect for the earher years, to admit of it. 1339. According to the paper you gave in, the total surplus of the land sales amounts to 56,000/. at the present moment. That is the total surplus of the gross proceeds of the land sales ? — It is. 1340. Can you state what have been, up to the present moment, the deduc- tions necessary to be made between the gross proceeds and the net proceeds of the land sales ? — The Committee are aware that hitherto the surveys have been defi-ayed out of the revenues ; and for the reason I have before mentioned, we are not able to say what has been the total cost of the surveys from the com- mencement of the colony. 1341. Can you state whether the total expense of the surveys has exceeded or fallen short of the balance due to the emigration fund ? — I am inclined to suppose that at any rate it must have been equal to the balance now due to the emigration fund. 1342. Then, in point of fact, had the latter fund up to this time been charged with the expense of the surveys, there would have been no fund in hand to carry on emigration with ? — My answer leads to that conclusion. 1343. Does your calculation in this Table proceed upon the supposition that, after defraying the expenses of emigration, there should be a net surplus of 1,000 1, a-year, or does it proceed upon the calculation that the sales of land should amount to 1,000 I. a-year, over and above the expense of surveys ? — No ; I look to henceforth making the land department and surveys primaiy charges upon the sales of land, so that if only 1,000/. is reahzed in that shape it would go to those expenses. ] 344. Supposing the land fund to be hereafter charged with the expense of •the survey, do you calculate upon a surplus of 1,000 /. a-year, or do you calculate upon a surplus of 1,000/. a-year beyond the amount necessary for conducting the annual stream of emigration ? — I would pay the survey depart- ment first, and would carry on the emigration afterwards, if there was a surplus. 1345- You have calculated here upon a sum of 1,000/. from the land fund in diminution of certain charges ; do you calculate upon that 1,000/. as arising exclusive of carrying on the necessary stream of emigration, or do you calcu-, 0.21. s 2 late: 132 MINUTES OF EVIDENCE TAKEN BEFORE THE T. Fred. F.lliot, late upon this 1,000?. supposing no eniigration whatever to take place?— I ^^-^q- calculate upon that quite independently of emigration. What I mean is this ; if rn TT only 1,000?. a-year were received from land, I would apply.it to the survey ■ March 1841. ^gp^y^j^g^t, and the same with any further sums till the whole permanent part of the department were provided for, and when the whole of that part of thfe land and survey department were paid, then we would begin to think of intro- ducing emigrants, but not sooner. 1346. Mr. Wood.] Has not a considerable portion of the money already expended in surveys been expended on portions of land not yet sold ? — I think that is not possible ; vast quantities of land remain to be surveyed which have long since been sold. 1347. Has there been more land upon the whole sold or surveyed up to the ■present time ? — More land sold. ] 348. Then the proceeds of sales are, in fact, at the present momentj debtors in equity to future surveys ? — That is my opinion. 1349. Lord Eliot.'] Is it your opinion that no part of the expenditure of which you have spoken could be dispensed with ? — No ; but instead of attempt- ing to explain in detail upon what particular items I should expect to effect a reduction, I have stated the matter of fact as it stood at the end of the year 1839, leaving it to the Committee, as matter of discretion, to estimate what per centage it is reasonable to suppose Captain Grey may be able to reduce. 1 350. Do you think it reasonable that persons emigrating should expect, in a new country, all the advantages of an old country, or to find all the employment for capital and labour which a new country furnishes, together with aU the comforts and conveniences of a long settled community ? — That question con- nects itself with a variety of general principles, upon which I am ready to give my opinion if wished; but it is difficult to express one of them in a detached way without the risk of misapprehension. I will answer, however, that I do not think they ought to expect the same advantages as in an old country. 1351 . Is it not a necessary condition of the formation of a new colony that settlers should, for a time, undergo certain privations and jfticonveniences ? — I am inclined to think so, but different opinions have been broached of late years. 1 352. Is not then the expenditure of which you have spoken, disproportioned to the circumstances of South Australia ? — We, must have the detail, I think, to judge how much of the expenditure is indispensable, and how much not ; and it is for that reason that the commissioners wished to receive Captain Grey's report, before adopting any positive calculations. 1 ?>53- Chairman^] You were asked on a former day whether you could fur- nish the Committee with the result of a comparison between the weekly pay of the police, as stated in the account of the civil establishment in these papers, and the ordinary rate of wages in the colony ; are you now able to dp so ? — I have made some inquiry, and I find that the wages of the constables seem to be much higher in South Australia than in New South Wales and Van Diemen's Land ; but on the other hand, there are two circumstances to be take^ into account ; first, I beheve the wages of labourers generally are higher in South Australia; and, secondly, there is no doubt that both in Van Diemen's Land and in New South Wales they have, for different reasons, facilities for main- taining pohce mUch cheaper than in a colony where there is neither military nor convicts. 1354. In this civil establishment there are 30 constables at 1 l, 19*. a week, and 23 constables at \l. bs. & week. Can you state what the ordinary rate of weekly wages was in the colony at that time for agricultural labourers ?— I have not any accurate details upon that point, but I observed, in a recent debate upon emigration, which took place at Sydney, that a gentleman of good infor- mation mentioned that a shepherd of his had gone to South Australia and was receiving 100 /. a-year. That is much about the pay of some of the constables. 1355. Lord Howick.] In comparing the pay of the constables in South Aus- traha with the pay in New South Wales, did you take those constables in New South Wales who still preserve their claim, as soldiers, to pensions ? I have merely taken the cost to the colony,- without entering iAto the question how it Comes to be so cheap ; but at the same time making the remark in my pre- sent evidence, that there are special reasons for it. 1356, Are SELECT COMMITTEE ON SOUTH AUSTRALIA. 133 1356. Are the constables, witli respect to whom you made the comparison, ■what are called the mounted poUce ?— I have not distinguished the kind of police. 1357. Lord Stanley.'] In the paper you have put in, you calculated the annual revenue at 30,000/. a-year ; that annual revenue arises at present exclu- ■sively from duties of customs. Can you state what duties have been imposed, ■and in what proportion those duties have been levied upon different articles ? — I have not that information with me, but I presume it could be supplied from the legislative Acts of the colony. 1358. Can you state what proportion has been levied upon articles of pro- -vision, flour and articles of that description? — I am not sure whether there are any returns which would give that information. 1359. Can you state whether any considerable portion of that revenue has been raised upon the, importation of articles of prime necessity which hereafter the colony wiU be able to raise for itself? — The only returns which there are from the Customs exist in our oiSce, and I can, if the Committee wish, refer to them, and in case they give that information, produce them here. 1 360. Mr. Parker.'] If the colonists should get articles of prime necessity much cheaper than they now do, will they not have more money for foreign commodities ? — ^The sooner they are capable of producing articles of export, the better they will be able to pay for imports which will yield a Customs revenue. ] 361. If they had abundance of food at home, and therefore had not to pay imposts upon food brought from abroad, would they not have more money to «pend upon foreign articles ? — In every article of production, a certain amount of capital must be invested upon the spot, and it would not therefore exactly release an equal amount of capital to be appropriated to imports. But to the extent to which food could be grown, cheaper than it could be imported, there would be an actual release of capital ; and I also have no doubt that, as their home products increase, their imports vdll increase also, because I assume that a large proportion of, their home products will be articles which will be sold for export. 1362. Chairman.] Have you any addition to make to your former evidence with regard to the sales of land ? — Since past topics of that kind have been Taised,' I am afraid I must feel it indispensable to make a few remarks bearing upon the conduct of the commission to which I have the honour to belong. Were it a mere personal question I should not say a word upon it ; but it does obviously partake more or less of a public nature ; and it must be an important inquiry for this Committee to ascertain how far the misfortunes that now exist in South Australia can be traced to faults of administration, and how far they ^gTow necessarily out of the system. It has been asserted with much confidence before this Committee, that the commissioners in the first place refused to raise a loan, which would have saved the colony from ruin; secondly, I find at the 22d page of the Fourth Report of the late Colonization Commissioners, a passage alluding to a scheme for placing the finances of the province upon a stable foundation, by providing for the payment of the interest, and ultimately of the principal, of the debt, of which scheme, if no remark were made, it might be supposed that the new com- missioners had been culpably negUgent; and, finally, I find it mentioned, by the same gentleman from whom both the other statements proceeded, that after the new eommissioners had thus been conducive to the disasters of the colony, one of them (being myself) refused even so much as to concur in a letter lay- ing before the Government the magnitude of the evils, and the strength of the -reasons for endeavouring to find a remedy. Now, upon the subject of the loan, I do not wish to add one word to what 1 have said already. I shall not trespass upon the time of the Committee upon that subject. With regard to the scheme alluded to by the late commissioners, I think a few remarks are necessary. The passage is as follows : " It would be super- fluous, and perhaps improper, to enter in this place upon an explanation of the measures which, had our functions continued, we, should have felt it our duty to adopt, in order to place the finances of the province upon a stable foundation, by providing for the payment of the interest, and ultimately of -the principal, of the debt of 123,396 /." &c. From the superfluousness of com- 0^,21. S3 municating T. Fred. Elliot, Esq. 16 March 1841. ^34 MINUTES OF EVIDENCE TAKEN BEFORE THE T. Fred. Elliot, Esq- 16 March 1841. Vide Appendix, (Paper Mo. 10), pp. 200-202. municating any plan which would have provided for those purposes in South Australia, I must express my entire dissent. Had any such plan been com- municated to the commissioners who assumed the management of the affairs of the colony in January 1840, they would have accepted it with gratitude; but during the six months from January to July 1 840, not a word was mentioned to us of this scheme. In July 1840, when we knew that the colony was on the verge of insolvency, this report was not merely sent in, but composed, for the first time alluding, in the name of the late commissioners, to a plan for placing the finances of the province upon an entirely stable foundation. Now, having said that we never heard of this plan till July, when it was too late to take any advantage of it, the report in which it was alluded to being written by a member of our own Board, I really must go on to explain that, up to the present day, we are not aware what the plan was. In an answer to a question put by this Committee, I think it was 163, I find an implication that this plan was to raise a new loan. In the first place, however, I must observe that in November 1839, just before the functions of the late com- missioners ceased, they were actively employed in paying off their old debt ; they paid off a sum of about 2,000 /., and they entered upon their minutes a resolution to pay off 3,000 I. more. I am aware that in a document desig- nated by the title of " Fifth period," which has been laid before the Committee, it has been said that so far back as May 1639 the late commissioners were thinking of raising a loan, and the inference is drawn that the measure im November 1839 was consistent with their original intention, and was merely a financial operation to get a favourable moment in the market to pay off some of the securities at very high interest; but I must observe, that in May 1839 the papers handed in to the Committee show that there was a deficit in the affairs of the commissioners, and that there had been a deficit for some half- years previously : at the end of 1839, as has been so often mentioned, there was a surplus, and it is at this period that they conceived the idea of paying off some of their securities. Notwithstanding these circumstances, however, I am quite willing to assume that the paying off the debt in November was merely a financial operation to save interest, and that it was consistent with the iiitention, after all, to raise a new loan also ; but I must say that I am at a loss to know how borrowing fresh money is a scheme for providing for payment of the interest, and ultimately of the principal of a pubHc debt. With these remarks I conclude all I wish to say in vindication of the new Board from appearing to neglect a plan which it would have been very culpable in them not to accept, had they been cognizant of one at all answering to the deseription that has been given. With respect to the letter which it is said the commissioners refused to concur in, I have really great hesitation in entering upon the subject of this draft, for I am most unwilling to intrude anything like altercation upon the Committee, and I most sincerely declare that it is from no personal feeling that I dis- charge what I consider the duty df satisfying the Committee, and perhaps the colonists hereafter, upon the question, whether any one of the commis- sioners made himself an impediment to a fair representation of the case The draft is dated the 26th of August 1840 : it will be found amongst the printed Papers. A letter actually did go in to the Secretary of State, bearing the same date, and signed by me, which is also printed in the Papers laid before the Committee, and can be referred to, if wished. Iwill just mention, commenting as briefly as possible upon them, the passages in this draft which compeUed me to refuse to concur in it. At the bottom of the page 200, after explaining the steps that would have been desirable in founding a new colony the draft continues at the top of page 201, "This safe and proper course was rendered impracticable by the South Australian Act." Then it explains the faults of the Act, and a little further on, at page 202, it says, "Experience has proved that the plan upon which the colony of New South AustraHa was established, was essentiaUy erroneous Afterwards, it says, "The incongruous scheme upon which South Australia was established, has now broken down, and the only means by which the principle of self-support can be brought into practical ope- ration, is for the Government to retrace its steps, and to tSce into its own haAds the financial responsibility and control." These sentences, I will admit, were starthng to me at the time they were proposed. It is unnecessary to say how lar, now that circumstances have led me more minutely to study the early history SELECT COMMITTEE ON SOUTH AUSTRALIA. 135 history of the colony, I may agree or not in the sentiments they convey ; but up to the date when this draft was proposed, I had heard of Httle else but the success of the colony, and the satisfaction of all who were interested in the working of the experiment. At the first appearance of danger, I did not like to be a party to reversing the whole of the previous language. I did not like, on the first change in the state of things, to make a sudden, though tardy discovery that every one had been at fault, and that everything that had been done was wrong. I wished for more time before concurring in that sweeping Gondemfnation, a condemnation of the Government, of Parliament, and of the gentlemen who had taken an interest in the scheme, such censure being irre- levant to the object of our letter. All that was material to our conclusion, was to show that the honest people settled upon the spot were not to be made responsible for the errors committed in England, an idea which I took good <5are to insert in the letter sent to the Secretary of State. Then, after mentioning the delay in the settlers getting upon their land, the draft proceeds as follows : " From these causes, the settlement in South Australia was planted in a manner altogether different from that in which the settlements' emanating from the expansion of the colony of New South Wales have been established. At Port Phillip the emigrating flocks from the earlier settled districts of New South Wales had overflowed on the neighbouring pastures long before any considerable p'rogress was made in erecting a town. At Adelaide the process was reversed, and the town was laid out, and numerous buildings constructed before any considerable progress had been made in occupying the soil. Hence, at Port Phillip, the capital of the settlers is principally circulating capital, not perennially reproductive ; while in Sbuth Australia the principal por- tion of the capital of the settlers is fixed capital, not perennially reproductive in itself, but deriving its value from the anticipated demand of the circulating capital which it is calculated to aid. This difference in the economical con- dition of the two settlements, will at no distant period disappear, from the growth of towns in the district of Port Phillip, and the increase of stock iii South Australia. But so long as the difference may continue, the settlers in South Australia, from no fault or miscalculation of their own, will be more exposed than the inhabitants of adjacent colonies to checks, revulsions, and privations." Now, I wish to explain why I did not like to concur in that sentence. In this sentence it was said, that of two recently formed set- tlements, when both should have succeeded, and both should have become flourishing colonies, their circumstances would probably be alike; the only difference was, that the one was in a situation in which it must command success, without any extraneous help, or in spite of all extraneous opposition ; and that the other was in a position in which it must immediately sink, if it did not receive very large aid from without. That seemed to me a severe sentence to write upon the subject of South Australia, in the middle of its distresses. Our only object was to show that it ought to be assisted ; I do not deny that I considered that sentence as amounting almost to a satire, and I was unwil- ling to pass it at a moment when it was unnecessary, and without full time for reflection. In the course of the draft it is said, that the number of sheep in the colony was estimated at about 150,000; that flocks both of sheep and cattle were arriving in quick succession, and that tillage had commenced with highly promising results. I thought it very probable that all those statements were correct, but I had never seen one tittle of evidence to prove them ; I was not fastidious as to the kind of evidence ; a private letter would have satisfied me, because we would have inserted what the proofs were ; a. newspaper would have satisfied me, because we would have quoted it ; but I had waited for weeks and even for months, (for the same statement had often been tendered before,) and asked to see any evidence to prove these facts, but I did not receive it ; and I did not think it consistent with the duty of a public servant to endea- vour to give an official stamp, by my > signature, to statements, of which I had personally no means of judging of the evidence. The real and plain object of the intended letter was to obtain money from the Chancellor of the Exchequer. We mentioned in the draft that in the course of the last year the proceeds of the sales of public land amounted to 160,000 /. ; I had no objection to mention that fact, but I thought we ought not to state it without also informing the Chancellor of the Exchequer and the Government, ■ 0.21. s 4 that r. Fred. Elliot, Esq. 16 March 1841. 136 MINUTES OF EVIDENCE TAKEN BEFORE THE T. Fr^. Elliot, that in the succeeding year, unfortunately, the sales had. considerably fallen off,— '^' indeed fallen off, apparently, to less than 1 6,000 Z. ; I made that objection, but i6 March 1841 ^^^ ^^^^ ^as sent in to the Secretaiy of State without the addition I proposed.. The qoncluding part of the draft expressed a conviction that "the growing revenue, with the proceeds of the sale of public land, will prove amply suflacient to pay the interest and principal of the additional debt, and to, avert the neces- sity of any actual advance from the public purse on account of the colony of South Australia ;" that was the remaining passage of that draft from which I dissented. Having shown before this Committee that there will be in South AustraUa an annual deficit of 40,000 1, the reasons of my doubts will perhaps be sufficiently apparent. 1363. What was the date of that draft?— The 26th of August 1840. 1364. That was the letter which was intended as a substitute for the letter actually sent ? — It was ; it is with very great reluctance that I have discussed- these grounds of difference ; but naturally those who are interested in the colony will wish to know the grounds upon which the commissioners pro- ceeded. 1365. Can you state what was the date at which the Fourth Report, signed by the late commissioners, was actually composed ? — The Parliamentary Papers show that it was in course of being written so lately as the month of July 1840. Having now explained what I would not state, I request leave to read a short passage, showing what I was ready to state. This is a letter of l7th Septem- ber 1840, which was written by myself, and signed by me and Colonel Torrens : " The colony of South Australia was formed with the consent of Her Majesty's Government, and with the concurrence of the Imperial Legis- lature, under whose Acts it was founded. Nothing was wanting to render the scheme to all intents a public one, or to stamp the authority under which it was undertaken with a national character. If in the original plan there were imperfections which delayed the assignment of their lands to the settlers, and thus retarded the growth of food for home consumption, or of produce to be given in exchange for food, or if any subsequent improvidence of the local authorities has precipitated a financial crisis, these are circumstances over which the colonists themselves had no power, and it will be deeply to be deplored that they should be involved in a ruin resulting from causes for which they are not responsible. Looking to the nature of the colonial constitution, and to the particular relations which under it this commission bears to the individuals who have embarked their fortunes in the colony, we have felt bound to offer to Lord John Russell the present appeal on behalf of the extensive British community which, during the last few years, has been settled on the shores of South Australia." That is the passage to which I was not merely willing to agree, but which I wrote myself, and on this alone, without any further quotations, I am content to rest the proof of my readiness to say all that could be said in favour of the colonists. 1366. Mr. rVood.] And in that passage Colonel Torrens concurred, and the letter was sent in with the signature of Colonel Torrens and yourself ?— Colonel Torrens concurred, and it was sent in. Alexander M'Shane, m.d. called in ; and Examined, ^ . M'Skane, m .d. 1367. Chairman.'] HAVE you been in the colony of South Australia? — I have. ] 368. When did you first go there ?— I arrived in July 1839. 1369. Did you go direct from England ?— From England. 1 370. How long did you remain in the colony ?— Nine months. 1371. Are you going out to it again ?— No, I do not intend it. 1372. Did you go out as a proprietor of land which you had purchased in this country, with a view to settle there ?— No ; I went out as surgeon to an emigrant ship, not with the intention of remaining. 1373. Are you a proprietor of land in the colony ?— No • I do not hold any land in the colony, or property of any other description. 1374. Did you ever purchase any land in the colony ? — No. 1375. Did you remain there nine months with no intention of settling there permanently, but merely with the view of making yourself acquainted with the colony, or for what purpose ?— I did not intend on arriving to settle there per- manently. SELECT COMMITTEE ON SOUTH AUSTRALIA. 137 mariently, but I held a' government kppoititMent when there, and practised my J. WShane, mj>. profession at the same time, and I returned to England for the benefit of the voyage only. 1 received a serious hurt in consequence of a fall from a horse, 16 March 184.1. and' the cause of my leaving the colony was purely accidental. 1376. What government appointment did you hold ? — ^That of superintendent ■of emigration. Shortly after my arrival I was offered this situation, and I after- wards intended to remain. 1377. You intended to remain as holding that situation, but not to invest any money in the colony in th6 purchase of land ? — No ; I should have returned to the colony had it not been for the turn which affairs took, and the recall of Colonel Gawler. 1378. Where were you principally resident while in the colony ?— At Ade- laide. 1379. Did you go at all into the interior of the colony ? — I did, but not to any great distance. 1380. Were you able to form an opinion of the quality of its soil and its adaptation to agricultural purposes ? — I think I had sufficient means of forming an opinion. 1381. Had you been accustomed to agricultural pursuits before you left England? — No ; but I have been bred in the country, and know something of the matter, though I have never been a practical agriculturist. 1382. What opinion did you form upon the subject? — My opinion of the ■.soil is favourable ; I consider it suited to pastoral and agricultural purposes. 1383. When you speak of the soil, do you speak of the soil immediately in the neighbourhood of Adelaide ? — I speak of it as far as I saw. Of the imm'e- Tliate neighbourhood of Adelaide and for some distance up the hiUs, I can speak with confidence. 1384. How was the soil which came under your own observation cultivated at the time you were there ? — It was laid down in the usual manner for wheat, barley, and bats, and I have seen some potatoes. ; 1385. Can you state what number of acres were under cultivation when you left the colony ? — No, I could not state accurately ; I have not the necessary data. . 1386. Mr. Vernon Smith.J Are you conversant with cultivation of that description in this country? — I have not been a farmer, but having been bred in the country, I know a good deal of the matter. 1387. You stated that it was laid down in the usual manner? — Much in the usual manner ; there might be some shght difference; for example, the pro- ba,bility is that wheat was sown broadcast there, not in drill as here. 13^ 8. Do you know whether the colony at that time grew corn sufficient for its own subsistence ? — It did not. 1389. Do you know to what extent it did not? — I suppose that four-fifths of what was required for the consumption of the inhabitants must have been imported. 1 390. Lord Eliot ^ Was the breadth of land under tillage increasing rapidly }■■ — It was. 1391. How soon might you expect that the colony would grow sufficient for its own subsistence, supposing it to proceed at the same rate? — If the increase of population went on at the same rate of 4,000 or 5,000 annually, that is to say, if 4,000 or 5,000 persons annually were imported into the colony without bringing any food with them, it would be some years before the colony could maintain its own population ; but otherwise, I suppose that in two years it would be independent of foreign supplies. 1392. Chairman^ You mean, provided the population remained without any increase ? — If it remained stationary. '^393- How far into the interior did you go? — I could not say exactly the distance ; I do not think it was more than 18 or 20 miles. 1394. Do you know whether there was much land under cultivation at a considerable distance from Adelaide ? — No, there was not. ^395' The land under cultivation is in the immediate neighbourhood of Adelaide ? — Yes, chiefly in the neighbourhood. There are some districts at a distance, for instance, there is the district of Mount Barker, where there are some farms of considerable extent. 0.21, T '39*5- At 138 MINUTES OF EVIDENCE TAKEN BEFORE THE ^. MSkane, M.j>. 1396. At what distance from Adelaide is Mount Barker ?-I suppose about ^ ..1.1 Q^ TYlliPS 16 March 1841. 1 007 "to what market do they bring their corn ?— To Adelaide. ; 398. mit was the price of flour in the colony ?-The pnce of flour was on the average 3 1. lOs. per 100 lbs. at the time I was there< ^Za^rd Eliot.-] Is the annual average produce per acre equal to the average annual prodice of an acre of land in this country ?-No ; I would not T/o". Mr/^oXl'Wen you say 3 I 10 s. per 100 lbs do you mean 37. 10. per 1 12 lbs. of English weight ?— Per 100 lbs., not 1 12 lbs. , . , „^ ,, ^1401 Is flour imported in the barrel ?-It is imported m theb^el of 180 lbs U02. This was not the price per barrel then, but for 100 lbs. Enghsh weight net?-Yes ; a ton of 2,000 lbs. has been sold for 100 /. ; it is to be remem- bered that the two or three previous seasons had been ones of extreme drought. There had been three consecutive seasons of drought in the neighbour- '"^i403°'Did the price that you have last quoted continue for any length of time ? — I think not. , „, 1404. What were the customary prices when you were there .'— Ihe average was 3 Z. 10*. per 100 lbs. at that time. .1, • £ * • 13 1405. Chmrman] Had you charge of the eimgrants on their first arrival ? "1406' What description of persons came under your observation having gone out to the colony as emigrants ?— Agriculturists, smaU farmers, and me- chanics generally, and female servants. . , . ^, 1 . 1407. Did they find ready employment upon their arrival m the colony ?^ ^iaS ^At what wages ?— Labourers 7s. a day, carpenters and masons 12*., 14* or 15*. a day; stone-cutters the same, and others in the same proportion> 1400 Do you mean to say that they found ready employment upon their arrival, at those wages ?— I had no difficulty, or very little difficulty, in finding them employment. . 1,1 i i7 • * i 1410. Lord Howick.'] Were they generally a respectable class of emigrants ? —They were a good class, certainly. 14H. Mr. Hope.'] Can you give any idea what their hvingcost? — Smgle men in a boarding-house had their board and lodging for 1 Z. 5*. a week. 1412. Captain A' Court.] Working men ?— Mechanics, or whatever they might be. 1413. Mr. Hope.] What was included in that? — Board and lodging, meat and drink, not washing. The same person earned 2l.2s. as a labourer, and 41. 4s. a week as a mechanic ; that is to say, supposing he was a carpenter or a builder he would earn 41. 4*. a week. 1414. Chairman.] Was there any indisposition on the part of emigrants to go into the interior of the colony to farms remote from Adelaide ? — Not on the part of agricultural labourers ; on the part of those that came from large towns, particularly London, there was an indisposition, they would rather hang about the town. 1415. What sort of employment did these obtain? — ^There was a great deal of building going on, which furnished employment, and some were engaged as house servants and assistants in shops, warehouses, and offices. 1416. What sort of houses have the agricultural labourers in the country ; for instance, at Mount Barker ? — ^They have huts, mere huts. 1417. Were those huts prepared for them by the farmers before their arrival on the farms ? — If the farmers were already established they would have huts, for their labourers ; if not, they would put them up in a few days. They look upon a mud or a framed house of wood as a permanent structure ; if they had not those they put up tents or huts of rough materials, which answer very well for a httle time. They drive stakes in the ground and weave wattles and small boughs between those stakes, and then plaster it in a rough manner with soft mud, so as to make it tolerably comfortable. 1418. Did you find that the expectations under which the emigrants had come out were generally fulfilled in their opinion ? — Yes, of all the useful emi- grants. I have not seen any one whom I would consider a well selected emigrant, who was not satisfied with his condition after his arrival, except in a rare SELECT COMMITTEE ON SOUTH AUSTRALIA. ^39 a rare instance, where himself or some part of his family may have been taken a. M'Shane, m.p. ill soon after landing. ■— r 1419. What was the general state of health among the emigrants? — 16 March 1841. Favourable. : 1420. What opinion have you of the climate, as to salubrity? — I consider the climate, upon the whole, a good one ; I consider it salubrious. I saw no evidence whatever, at any time, of the existence of marsh miasmata or malaria ; we had no epidemic diseases : I did not see much even of ophthalmia ; it was not at all so prevalent as has been described. I saw nothing which would make me look upon the climate as essentially unhealthy. The people generally enjoyed good health, and had a healthy appearance ; even in the hot season appetite remained undiminished. 1421. Mr. Gladstone.'] What is the usual range of the thermometer? — In summer the thermometer ranges from 70 to 100, or 105 perhaps, during the prevalence of a hot wind. 1422. Lord Howick.'] Are you speaking of the temperature in the shade ? — Yes, during the prevalence of a hot wind it may be above 100 in the shade. 1423. Lord Eliot.'] You mean in the hottest hours of the day, not during the night ? — A hot wind may occur in the night, but it rarely blows longer than eight hours ; it is then succeeded by cool weather and rain. In the vsdnter, I suppose the temperature is rarely under 50 or 40 in the middle of the day : very early in the morning I have seen a little frost, but it disappeared soon after sunrise. 1424. Mr. Gladstone.] Do you mean that the night temperature was ever up to 105 ? — I recollect a hot wind occurring in the night, in which case the thermometer would be as high as that. 1425. But such cases are rare ? — ^They are rare ; they perhaps may occur four or five times in a year. 1426. When such cases occur, would they be detrimental to health ? — They would be hurtful to persons of dry fibre or nervous temperament. J 427. Chairman.] ' Can you name the diseases most prevalent in the country ? -■«— Mostly diarrhoea and dysentery. 1428. Sir W. Molesworth.] Where do the hot winds blow from ? — ^From the north, from the interior. 1429. Do the diseases you have just mentioned attack the emigrants upon their first arrival ? — I think there were more attacked soon after their arrival than at a later period. 1430. Lord Eliot ^ Do you attribute that chiefly to the effects of the climate or to the food ? — To both combined. 1431. Lord Stanley.'] Did you notice any difference in the health of the emi- grants that landed at different periods of the year ? — ^Yes. 1432. What do you consider the most healthy time for arrival at Adelaide ? •f — From July to December. I would say, that up to the month of December, there was but little disease in the emigration dep6t, or in the emigrant popu- lation in the town ; during December, and for some time during the hot season, there was very considerable disease. 1433. Lord Eliot.] Might not those diseases be partly attributable to the want of proper attention to the necessary change of diet on removing from a temperate to a hot climate ?— Unquestionably they are attributable in a very great degree to errors in diet ; the emigrants are for the most part landed in a state of plethora ; after living in a state of idleness, and abundantly supplied with stimulating food for four or five months, they arrive there, and continue the same mode of life. They eat large quantities of animal food, and drink stimulating fluids ; those are errors in diet, which, together with the high tem- perature in the day, cool nights, and other causes, occasion the diseases in my opinion. 1434. Chairman.] You went out as surgeon to an emigrant ship; had you much sickness on board on the passage out? — Not much; we had diarrhoea principally. 1435. Did you land the emigrants in pretty good health? — All in perfectly good health, with the exception of one woman; she may be said to have been in good though not robust health ; she suffered very much during the voyage ; was confined ; she and her child were convalescent when they arrived, and in a fortnight after she was perfectly re-established. 0,21. T 2 1436- What 140 MINUTES OF EVIDENCE TAKEN BEFORE THE A.M*&haj,e,^i.i: 1 436. What sort of passage had you ?— We encountered a good deal of boisterous weather. i6 March i«4i. 1437. At what time did you leave England ? — On the 18th of February. 1438. What do you think is the best time for emigrants to leave England, taking into account the probable nature of the passage, as well as the best time for arrival in the colony ?— Any time from February till June. : 143^. You think that period combines both the advantages of good passage and of arrival in the colony at the best period of the year ?— Yes, 1440. hoxdi Stanley^ Is the extreme heat of summer the most unhealthy; time, or after the extreme heat towards February or March ?— During the extreme heat, I would say, or even at the accession of the extreme heat. There was more disease at the commencement of the summer than at the termina- tion of it. 1441. Chairman.] From what part of the country did the emigrants proceed that you went out with ? — They were natives of Cornwall principally, and part of them from Norfolk. 1442. Mr. Wood.'] What proportion of them were agriculturists, and what proportion mechanics?— I should say that two-thirds were agriculturists, per- haps three-fourths. 1443. Mr. Hope.'] Were you employed in selecting them in Cornwall ? — No. 1444. Sir Wm. Molesworth.'] Were they good emigrants ? — ^They were cer- tainly unexceptionable. 1445. Chairman.] What were the prevailing habits of the emigrants/ chiefly as to temperance ? — I would say that they were persons of sober and industri- ous habits generally. 1446. Was there much consumption of spirits in the colony? — ^There was considerable. 1447. By whom ? — By the working population. 1448. But you do not think that, considering them as a class, they are in- temperate ? — No ; r would not say they were at all intemperate. 1449. M^- Vernon Smith.] Have you been conversant with emigrants to New South Wales and other colonies ? — Not to New South Wales ; I have seen emi^ grants that have gone to Canada. 1450. Do you think that the South Australian emigrants were a supierio* class to the others that you have been acquainted with ?^-I think they were ; it was my business in preparing material for the report of the emigrant depart- ment for the second half year of 1 839, to make out a Ust of the persons whd had proved themselves to be exceptionable characters, in order that the agents in England, by whom they were selected, might not be paid the 1 I. per head^ which they were entitled to in case there was a favourable report sent home, and out of the whole number of emigrants who came through my hands when in the colony, which must have amounted to several thousands, I think I could make out but about 20 who were really objectionable upon any ground ; they are mentioned in the report to the Emigration Commissioners. 1 1451. Did any of the emigrants come to South Australia upon bounty, or were they all selected here and sent out ?— There are none considered emigrants except those who are selected and go out at the expense of the emigration tund ; the others are considered free settlers. , - 'i;l^' PJ^'^''!^"'''-'^ C^n yo'i state what proportion of the population of about .10,000 at the time you were there consisted of adults ?- Between a half and two- thirds. 1453- Was the proportion of children among the emigrants large generally ? -Not generally ; I would say that the proportion of adults would be fully half; or perhaps more. ^_. ir,itS- !^T wT ^''^ S''"^' ''' ^^^ ^°l°^y ^h^^ y°^ ^ere there, for the werrfn^nffi f'"-V^^''^ ^^^'^ ^^« ^^ i^f^^t school, ak there were four or five day-schools m Adelaide vnint^f^" ^^^^.r^! they supported ?-The infant-school was - supported by 1456. Mr. Gladstone.-] Were those aU schools for the labouring class, or any flJ^ WW '' "{i '"P""^"" order ?-Some of them were of a superior order^ 1458. Who SELECT COMMITTEE ON SOUTH AUSTRALIA. 141 1458. Who is Mr. Stowe ? — An Independent or Congregational clergyman. A. M'Shane, m.d. 1459. How many pupils had he ? — I cannot say ; Mr. Shepherdson also had a — — ; very excellent school, as had the Rev. Mr. M'Gowan, and Rev. Mr. Drummond. ^^ March 1841.- 1460. Were those ministers of different chapels? — Yes; and there were several schools for young ladies besides, and a school for the natives. 1461. Lord Eliot.'] Do the natives evince a willingness to receive instruction? —I could not answer that; the protector of the aborigines had a number of them at school. 1462. Have they apparently an aptitude to receive instruction? — I think them capable of being educated to a certain point. 1463. Mr. Hope.] You were understood to say that you had seen emigrants bound to Canada ; in what part of the country did. you reside before you went upon this voyage to South Australia ? — I came from the north of Ireland. 1464. Those were emigrants that were collecting there for the purpose of going to Canada ? — I have seen them shipped to Canada from Belfast, and I have also seen them in Canada. 1465. Captain A" Court.] Were there many Irish emigrants in Australia? — Very few. 1466. Mr. Wood.] What part of Canada were you in?— I went up the St. Lawrence ; I was in Toronto for some time. . 1467. Do you consider South Australia or Canada as offering greater temp- tation to emigrants I — I think the temptation, is decidedly in favour of South Australia. 1468. Do you think they are more sure in going out to South Australia to meet with ready means of supporting themselves, and prospects of advancement than in Canada? — I think they are. 1469. Chairman.] Was there any emigration from the colony when you were there, to other colonies in the neighbourhood ? — I never heard of any one that had come out as an emigrant leaving the colony, excepting one person; there may have been a few departures that I was not cognizant of. 1470. Do the emigrants obtain regular employment throughout the whole year in South Australia, or is there any period when it is more difficult to obtain employment ? — I believe they are generally employed throughout the. year, but during the heat of summer, I cannot see that they would have much to do in the country in an agricultural way, - 1471. Were they engaged generally by the day, or by the week, or for a longer period ? — Those employed in the town were engaged by the week, and, those that went to the country were engaged by the month, or by the quarter, and provided with rations. 1472. Mr. Wood.] Were there demands in the colony for agricultural labourers to go into the interior to cultivate farms beyond what could be sup- plied by the existing state of things when you were there r — There was not a demand beyond that ; there was a satisfactory demand. 1473. And a sufficient supply ? — And a sufficient supply. 1474. They were about balanced ?^They were very nearly balanced up to^ the time that I left the colony ; at that time, I had a little difficulty in getting emigrants off. ^ 1475. Chairman.} Did the rate of wages diminish while you were there? — It did not. , J 476. Mr. Vernon Smith.] Was living expensive in Adelaide, when you were there ? — It was. 1477., Dp you recollect the prices of food, of bread, and meat? — I think I do ; beef and mutton were very plentiful, and could easily be obtained at 10 d. a pound, in any quantity : the ordinary vegetables, such as cabbages, cauli- flower, brocoh, salad, and the like were in sufficient abundance ; dearer than Jiere certainly. 1478. Was the style of society expensive there ? — No, I should say it was not, considering the ease with which money was obtained. 1479. Lord Stanley.'] Were most qf the payments made in specie when you were in Adelaide ? — They were. 1480. Were there any banks at that time established? — ^Two banks. 1 48 1 . Did they issue any paper ? — ^Yes. ^1482. What was the lowest amount of paper issued? — I think a 10^. note; I do not recollect any lower. 0.21. T 3 1483- "Were 142 MINUTES OF EVIDENCE TAKEN BEFORE THE 4. M'Shme, M.D. 1483. Were the ordinary means of payment 10 sf. notes ? — ^Yes, and notes of "Ti ~ various amounts above that, and sovereigns and silver, 16 March 1841. J484_ -y^as there a great abundance of 10 *. notes ?— I could scarcely answer that question ; they were rather abundant. 1485. Lord Eliot.'] Was there any difficulty of converting them into specie ? —Not the slightest ; you had merely to apply at the bank, and they were im- mediately converted into specie. i486. Mr. Wood.'] Were wages paid in paper or in specie generally ?— It depended upon the amount; if it was asmaU amount it was paid in silver. 1487. Were the weekly wages paid in paper or in specie ?— Usually in paper, I suppose, but I can hardly answer that. 1488. How was the retail trade of the town conducted ?— Principally foi* casli. . 1489. In specie or in paper? — Both. 1490. In what proportions to each other ? — I could not say, but one was con- sidered to be equally valuable with the other. 1491. Which preponderated most in circulation ?— I suppose paper. 1492. What kind of money had they ? — Sovereigns and silver. .' 1495. English coin r — English coin. 1494. The accounts are kept in English money ? — Yes. ■ 1495. Any Spanish dollars ? — I never saw any. 1496. Chairman.] What was the rate of house-rent in Adelaide ? — It was high. ' 1497. Did you occupy a house r — I had a free house provided for me by the Government. 1498. What salary had you ? — £. 140 a year, with a free house and some privileges. 1499. Lord Eliot.] Was fuel dear f — No, fuel was cheap. 1500. Lord Stanley.] Did the fuel consist exclusively of wood? — It did. 1501. Mr. Wood.} Where did it come from? — ^The immediate neighbour- hood of the town. 1502. Is there a large future supply of wood for fuel within a few miles of Adelaide ? — An abundant supply. 1503. Chairman.] Is there much land covered with wood that has not yet been cleared ? — The proportion of land covered with wood in the neighbour* hood of the town is small ; the wood is scattered over the country much as it is here in a gentleman's park ; it is not like forest timber. 1504. How is it brought down to Adelaide ? — By drays and carts. 1505. Mr. 'Fernon Smith.] Are the roads good in the neighbourhood of Adelaide ? — ^They are sufficiently good ; I speak of the roads to the port and the bay. 1506. Chairman.] Are there any market-gardens in the neighbourhood of the town for the supply of vegetables ? — There are several. 1507. Can you state the rate at which land lets in the immediate neighbour- hood of the town for market-gardens? — I could not state; I think those gardens are kept by the proprietors of the soil; I am not aware of any land being let for that purpose ; if it were so let, it would be at a pretty high rate. 1508. Do you know at what rate any land has been sold in the immediate neighbourhood of the town for the purposes of cultivation? — It has been sold in the immediate neighbourhood of the town as high as 101. an acre ; I have heard of it being sold in the Mount Barker district as high as 8 1, an acre. 1509. Mr. Wood.] Is that the most remote district where settlements have been made ? — No, there are settlements in Encounter Bay, which is 60 miles distant south from Adelaide. 1510. What number of people may there be in that district? — I bfelieve some 200 or 300, but I have not been at Encounter Bay; they have got a church there. 1511. Have they communications by water with Adelaide?— They have by sea, 1512. Lord Eliot.] Is there a sufficiency of water generally in the colony ?— Yes, there is. 1513. Mr. Wood.] Is Mount Barker near the coast?— Mount Barker is 30 miles from the nearest coast. 1514- Ijord SELECT COMMITTEE ON SOUTH AUSTRALIA. 143 1514. Lord EUot.'] Can the ships obtain a supply of water at the port or A. M'Skane,-M.p. at Glenelg ? — ^Yes, the ship in which I returned watered at Glenelg, and ■ '■ ■ ' obtained water without any difficulty. ^^ March 1841. 1515. Of good quality ? — Of admirable quality. 1516. Prom a well ? — From a well at Dr. Duncan's station, about two miles from Glenelg ; but within half a mile of Glenelg there are fresh water lagoons, which contain water all the year round, and without any difficulty tanks might there be constructed to supply shipping to any amount : again, at Torren's Island there is an abundant supply of fresh water, 1517. Chairmanr\ Has there been any export of wool from the colony?-^ There has. 1518. Do you know to what extent? — I cannot say to what extent, but I beheve the returns pubhshed there are perfectly correct. On returning we were laden with wool and oil ; oil, the produce of the Encounter Bay fishery, and wool, grown in the colony. 1519. Lord Eliot.'] Is there any difficulty in procuring water for sheep and cattle "on the hiUs ? — I never heard of any ; in the hills it is not necessary to dig beyond a few feet to obtain water, that is when it is necessary to dig at all, but generally it is not. There are pools and creeks, as they are called, rivulets in sufficient abundance. 1520. Chairman.] What was the population of Adelaide itself? — I take the population of Adelaide and the neighbourhood to be between 6,000 and 7,000^ 1521. Are the streets laid out for an increase of population ? — Yes, 1522. Were there extensive public works going on when you were in the colony ? — There was a Government-house and public offices, and some minor works ; besides the operations at the new port, where they were laying down wharfs which were almost complete when I left the colony, and con- structing a road across a swamp to those wharfs, which make a very excellent landing-place, 1523. Were private individuals building houses in the town? — Yes, to a great extent, 1524. Of what were they built ? — Brick, principally, 1525. Lord Stanle^/.] Was the brick made near the spot or imported?— r Made upon the spot, and of excellent quality. 1526. Does the soil furnish clay? — There is abundance of clay in the neighr bourhood of Adelaide for making brick, and lime is in abundance like\yise. 1527. Chairman.] How far is the wharf from the town of Adelaide? — Six miles. < 1528. Ships of large burthen cannot come within six: miles of Adelaide? — No, it is not possible to come within six miles. 1529. Is not there water communication up to Adelaide itself ?-— No, 1530. Not even for boats? — No, the River Torrens loses itself in a place which is called the Reed-beds, before reaching the port, terminating in a swamp, like many other rivulets in Australia. 1531. Are there any buildings at the place where this wharf is being con- structed ? — There are stores in progress. 1532. Is there any town there, or any appearance of a town being created at that place ? — Nothing beyond the stores just mentioned, There are two land- ing-places at present ; the old port, at which there are a number of stores, and two or three taverns and a hotel. 1533. How far is that from Adelaide? — About the same distance, six miles. The old port was found inconvenient for the landing of goods, because vessels of heavy burthen were obliged to lie a mile below to discharge by means of launches, which could come to that port only during the time of high water : to obviate this inconvenience, the South Australian Company have gone, I cannot exactly say the distance, but some two miles further down the harbour, nearer the sea, where they have constructed a wharf, at which vessels will be ablie to discharge either at high or low water. 1.534. What sized vessels ? — Vessels of 400 tons ; vessels of 500 or 600 tons may come up alongside at high water and discharge, 1534*. hovd Stanlei/.] Will you take that plan in your hand. (The Map contained in the Third Report of the Colonization Commissioners being shown to the Witness.) Directing your attention to that plan, do you see a line of toad 0.21. T 4 and -^. M'Skane, m.d. i6 March 1841. 144 .MINUTES OF EVIDENCE TAKEN BEFORE THE and proposed canal to the harbour ?-The road is complete, and there is a canal to the extent of about 200 yards. , . . „.. „f „„„ 1535. The new port, of which you hare spoken as being m process ot con- struction is not included within that plan ?— It is not. __ i«6 Lord HowicLl Does the road from the new port join this road; or is it separate ?— It joins this road at about two-thirds of the distance from the town *° i^q? Mr! Vernon Smith.l Do you consider the town of Adelaide placed in a good position for the capital of the colony ?-I think it is ; it is in a central .position, close to a very excellent harbour, and m the neighbourhood of the older settlements. ^ ti 1 ^ i j <. tu 1538. Mr. Wood.] Is the establishment of the new port likely to lead to the abandonment of the old ? — It is. , , , , j .- ^ 1539. Will the money laid out upon the the old port becom^e unproductive r —It will; but there has been but a very small quantity '—^ laid out in that J 540. Are there large undertakings carrying on by the South Australian Company? — There are. 1541. As far as you had an opportunity of judging, did they appear to you likely to be beneficial to the colony ?— They were considered so. 1542. What was their nature ?— This, at the new port, among others ; and a very important concern, the whale fishery, which is considered beneficial to the province, as also is the estabhshment of the bank. 1543. Was it understood that they had made the whale fishery productive ? —I did understand that it was productive at the time I left the colony, as then conducted. But it was considered that they had spent a vast sum of money at Kangaroo Island, and at Kingscote Harbour, which yielded no return. 1544. Were their operations looked upon generally with favour by the inhabitants ?— I think they were. -, . r c 1 545. Were they considered judicious and likely to be productive of profit to the company ?— I could scarcely answer that, not having been much engaged in commercial affairs. 1 546. How many banks are there that issue small notes in the colony ?— But two. 1 547. What are their names ?— The Bank of South Australia, and the Aus- tralasian Bank. 1 548. Which of them does the most business ? — The Bank of South Australia. 1549. Chairman.'] The Australasian Bank is only a branch of a bank vrhich exists in other colonies ? — ^Yes. 1550. Mt. fVood.] Which does the most business in Adelaide? — The South Australian Bank. ■ 1551. Is the South Australian Bank connected with the South Australian Company? — It is. 1552. By whom is it managed ? — The manager was David Maclarren when I left the colony, who is likewise manager of the South Australian Company. . 1 553- Who managed the branch of the Australasian Bank at AdelaidB ? — Mr. Newland. 1554. Are there any other mercantile establishments or banks there that issue paper money ?• — None. 1555. Chairman.] Are there public institutions at Adelaide, such as savings' banks ? — There is a savings' bank. There are public institutions ; there is an agricultural society, a mechanics' institute and literary society -, there are two or three clubs ; there is a chamber of commerce, and an hospital. 1556. How is that supported ? — By the Government chiefly. 1556*. Mr. Wood.] Is the hospital part of the public works erected by the Government with public funds ? — Yes. There was a new hospital proposed to te erected at the time I left the colony, but the first stone was not then laid. The original hospital was built soon after the arrival of Captain Hindmarsh. 1.557. Chairman.] Is the new one to be a substitute for the former, or an addition to it ? — Not as an addition to it. 1557*. Mr. Wood.] Is the hospital supported entirely by the Government, or do the inhabitants contribute to it as they do in this country ? — The inhabitants contribute to it ; and persons pay a certain sum of money upon their admissioiu 1558. Are SELECT COMMITTEE ON SOUTH AUSTRALIA. 145 1558. Are the voluntary contributions of the inhabitants considerable? — A. M'Sha)ie,M.D. I cannot state the amount ; I suppose they would be respectable. — 1558*. Are the Government-house and the public offices which were in 16 March 1841. course of erection, large for a town of the present size of Adelaide ? — The Government-house is large, I should say. 1559. Did it appear to you larger than was desirable or necessary? — Larger than was caUed for by the state of the province. 1559*. What was the feeling of the inhabitants of the town with regard to those operations ; were they considered to be only what was desirable, or more than was necessary ? — I believe there was a strong feeling to the effect that it was a misapphcation of the funds of the colony. 1 560. Were a large number of labourers employed in the erection of those buildings ? — A considerable number. 1560*. Then there was a considerable amount of wages paid at that time for ____ • 159,5. More than by agriculture ?— I am not aware that they have shown any 16 March 1841. disposition to till the ground. 1596. Do they pursue fishing much ? — I believe they do ; those in the neigh- bourhood of the lakes and along the seashore. 1597- Do they evince any skill in carrjdng it on ? — I cannot be certain as to that ; I have heard that they do. 1598. Have they acquired any capital in implements and boats for con- ducting the fishery ? — Not any that I am aware of, nothing beyond netting and bags. 1599. I^ what degree have they shown a tendency to accumulate property ? — In no degree, so far as I am aware, further than that each of them is sup- plied with a few weapons. 1600. Do they bring any fish for sale to the settlers ? — I never heard of their, doing so. 1601. Do they conduct any traffic with each other? — I cannot say; I am not aware that they do. 1602. Each family provides for its own wants? — Yes, or perhaps the tribe share things in common. 1603. Ill the emigrant ship in which you went out, were there many settlers who took with them any considerable amount of property ? — There were several settlers who were understood to have capital to some amount. 1 604. Looking at the settlers in Adelaide and the interior as a whole, what proportion of them are persons that have brought capital with them beyond what would be necessary for their support for a few weeks or months ? — I could not state the proportion, but I have reason to believe that there is a large number of persons of capital in the colony. I could not state the proportion that they bear to the labouring population, but I believe it is considerable. 1605. Were the pecuniary circumstances of persons coming out at all dis- cussed in society, so as to lead to an impression of the amount of property they brought with them ? — Generally they were. Immediately upon the arrival of a ship inquiries were made so as to discover the pecuniary means of the new arrivals. My impression, from all that I beard and saw is, that there is a large number of settlers who have capital in the colonyto a considerable amount, and good connexions in England. 1 606. What was the largest capital you have heard spoken of with anything like a degree of probability, as having been brought by any individual settler ? — I can scarcely state ; I have some recollection of several persons having each brought capital to the amount of 10,000 1., and employing it in the town in building and in trade. 1607. In what form did they bring out that property? — Partly iii cash; partly in goods. 1608. Does it come at times in the form of letters of credit upon the banks ? — Probably ; and I have known them bring out specie to a very considerable amount, and deposit it in the bank on their arrival. 1609. But a capital of 10,000 I. would hardly be taken out in specie ? — No, it maybe part in specie, part in goods, which could be converted into specie very soon after arrival. 3610. Was the market for manufactured goods for the purposes of clothing, supplied directly from Great Britain, or from some other place ? — Direct from Great Britain, so far as I am aware ; from London I believe exclusively. 161 1; Were the South Australia Company engaged in sending out supplies of that description ? — Not of clothing, as far as I am aware. 1612. But materials for making clothing, hnens and cottons ? — I cannot say that they were. 1613. Chairman.] Are there good shops in Adelaide? — ^Very good indeed ; considering the age of the place, too good I would say. 1614. Are there handsome streets? — Hindley-street and Rundle-street, a continuation of Hindley-street, are good streets certainly. 1615. Were you at all acquainted with the kind of houses in which the labouring population lived, the bricklayers and carpenters ? — Yes. 1616. Are you acquainted with them in this country ? — ^Yes, I have seen many of them in this country. 0.21. u 2 1617- What 148 MINUTES OF EVIDENCE TAKEN BEFORE THE A. M'Siiane, m.d. 1 6i 7. What would be the result of a comparison between the two ?— I would • say generally that here they inhabit better houses, not speaking of the popu- 16 March 1841. lation in large towns, but in country places ; labourers' cottages in England are of a much superior description to those in Adelaide. 1618. But looking at the mode in which the labouring population of large towns live, what would be the result of a comparison between large towns in, England and Adelaide ?— It would be highly favourable to Adelaide. 1619. Do the families in Adelaide occupy a whole house, oi* only part of a house ?— Generally a house ; the houses in general were built to suit persons of small means. 1620. Taking a man with a wife and three or four children, what would be. the kind of accommodation which they would have? — A house with three rooms. 1621. Do you know what they would pay for that by the week?— They .would pay for that in the town from 12 *. to 20 s. a week. 1 622. Furnished or unfurnished ? — Unfurnished. 1623. Are the houses built in good airy situations ? — There is one extremity of the town which is not well aired, and if I were to confine myself to that part, I should speak rather unfavourably ; but generally speaking I would say they are weU aired ; in most cases they are detached, so that there is perfect ven- • tilation. 1624. What is the state of the drainage ? — There has been buthttle attention paid to it hitherto, and it is not much called for. 1625. Are there good sewers in the town ? — I am not aware that there are. 1626. Mr. WoodJi Is there a good fall in the streets for the water to run off? — ^There is not ; a great part of the town is almost a dead level. 1627. Chairman.'] Did you practice amongst the population of Adelaide as a medical man ? — I did. 1628. Did fever prevail among them at all? — It did, but not to a consider- able extent. 1629. Did you attribute it in any degree to the nature of the habitations,' and to the defect of drainage ? — I could not say that it was at all attributable to the want of drainage, or to an absence of ventilation. 1630. Can you state the number of churches or places of worship in Adelaide? — ^There was an Episcopalian church, and a second one building in the town ; there was a Methodist chapel, and I believe some second place in North Adelaide, but of that I am not quite certain, as I do not recollect seeing it ; there was a Congregational or Independent place of worship ; there was a Presbyterian and a Baptist chapel ; the Quakers met at Mr. Hack's, and the Roman-catholics met at Mr. Phillips's. 1631. Lord Eliot.'] Have many of the natives been converted to Christi- anity ? — I think the number is very limited indeed. The above places of wor- ship are exclusive of those belonging to the Germans. In the immediate neighbourhood, there is a town at which they have a place of worship ; they have a minister, and I think four or six missionaries preparing to attempt the conversion of the native population. 1632. Do the Germans in the colony generally speak English ?— No. 1633. Do the missionaries ?— Those that I have seen do. At Port Adelaide there is likewise a church, and at Encounter Bay there is one. 1634. Chairman.] A church belonging to the Church of England ?— Yes. 1635. And supplied with a clergyman ? — Yes. 1636. Mr. Wood.'} Are the German missionaries Moravians ?—Thev are Lutherans. ^ 1637. What number of Germans are there in the colony >— There are six hundred. '' 1638 Do they all live together at the place you speak of ?-No, they have two settlements, one caUed Klemsig,and the other Hansdorf^ 1639. -Did they all go out together ?_They went at different times ; those now located at Klemsig were the first colony; the second arrived mote lately claL^"bdi:vtTxlSir^ '' thelabouring population ?-0f the labouring indus1iio's"f'^^^^^^^^ ^ -^^ -<^-ted and 1642. Are SELECT COMMITTEE ON SOUTH AUSTRALIA. 149 16 March 184.1. 1642. Are they disposed to amalgamate with the English settlers ? — I think A. M'Skane, m.d. they are ; I have never heard of their objecting to hire themselves out as labourers to the English. 1643. Have any intermarriages taken place as yet ? — I have never heard of any ; the bulk of them are living in those two settlements by themselves, in little colonies, with little or no intermixture with the English settlers. 1644. Chairman.'] But performing the ordinary labour of the colony in common with the English emigrants ? — Certainly ; the people at the village of Klemsig supply the town to a very great extent with vegetables. 1645. Do the English emigrants in the country live chiefly in villages? — No, they live at huts connected with farm-houses. 1646. Lord Fitgalan.'] Are the Germans under the same police regulations as the English ? — ^Exactly the same ; they are naturalized, and treated in every respect as the English population. 1647. Is there an abundance of fresh fish in the markets ? — There is. Cheap ? — Very cheap indeed. Ca-ptain A' Court.] Sea fish?— Sea fish, obtained principally at Port 1648. 1649. GHenelg. 1650. Lord Eliot.] Can you speak as to the number of ships usually trading to the port? — I cannot. 1651. Can you speak to the proportion which belonged to the inhabitants of the colony ? — I know several myself, but I suspect that there are several others that I am not aware of ; I know there are several belonging to settlers. 1652. Is there a considerable number of vessels belonging to persons resi- dent in the colony?— I could not state the number; I know half a dozen myself ; but I believe there are others that I know too Uttle of to enumerate. 1653. -^^ ^^J of those engaged in the whale fishery? — No. 1 654. Is the whale fishery there carried on chiefly in boats from the coast, or in vessels at sea ? — In boats from the coast in Encounter Bay ; at some dis- tance by American and other vessels. 1655. Not by vessels belonging to the colony? — Not by vessels belonging to the colony. The Encounter Bay fishery is carried on by boats. 1656. Is that an increasing trade? — It was considered to be so: I do not know personally the affairs of the company by which it is carried on. 1657. Lord Fitzalan.] Is there much game, besides butchers' meat ? — Not at present, unless you go to a distance from the town ; you must go a considerable distance before you find the emu or the kangaroo. 1658. Captain A' Court.] Is there much poultry? — A great quantity of poultry. 1659. rapidly, 1660. Lord Howick.] Have the poultry increased rapidly ? — ^They increase and there must be now a considerable amount. Chairman.] Where do the horses come from? — They are principally imported from Van Diemen's Land, and many come over land from New South Wales. 1661. Mr. Hope.] Do you concur in the view, that the prosperity of the colony has been greatly promoted by the expenditure of the Government upon the pubUc works and other expenses, such as police and the customs depart- ment ? — I do not see that the prosperity of, the colony can be in any degree said to be promoted by the public works, that is, the Government-house and the public offices ; but the ejcpenditure of the Government upon the surveys and the police, I consider, was essential. I do not see how it could have been avoided ; the colony must have come into a state of disorganization without it. 1662. Mr. Gladstone.] Was there any part of the expenditure of the Govern- ment, except that upon the Government-house and the pubhc offices, with respect to which you understood that dissatisfaction prevailed in the colony ? — I do not think there is any whatever. 1663. With respect to the dissatisfaction which prevailed, as regarded the Government-house and the public offices, was it an opinion that the buildings were extravagant in themselves, or was it only that the undertaking of them should have been postponed for a time ? — Simply that they were commenced too soon. There is nothing in the buildings themselves that is objectionable ; they are plain and unpretending ; it is merely owing to the high price of food and of labour in the colony that they are objected to. 0.21. u 3 1664. Mr. 150 MINUTES OF EVIDENCE TAKEN BEFORE THE A M'Shane, m.d. 1664. Mr. Wood.'] There is no unreasonable ornament about the buildings? ■' — Certainly not. 16 March 1841. 1665. Lord Eliot.'] Are you acquainted with the method in which the sur- veys have been carried on ? — Not minutely ; originally, the survey was carried on trigonometritially ; latterly, it has been a running survey. 1666. Are you aware whether a colonist, purchasing land to a certain extent, had a right to demand a survey of that particular allotment ? — He had a right to demand more than that. Supposing he purchased 4,000 acres, he had a right to demand a survey of 15,000, a great deal more than he purchased. 1667. And consequently the surveyors were not able to pursue a particular course, but were removed from one part to another, as circumstances required ? -Yes, just as special surveys might be taken. 1668. Do not you conceive that that is an unnecessarily expensive mode of carrying on surveys? — I think it was unnecessarily expensive. It had its advantages too. 1669. Would there have been any objection on the part of the purchasers to have borne a portion of the expense so caused ? — I think there would have been a decided objection to bear any portion of the expense. They purchased upon the condition that they were to have the right of selection of land already surveyed. 1 670. Lord HowicTt.'] Had the purchasers of land generally been put in pos- session of their allotments when you were there, those that were in the colony ? — Yes ; there was a great deal of land selected at that time, and there was a great deal open for selection ; so that unless persons were very fastidious, there was no reason why they should not have selected their land and settled upon it. 1671. Chairman.] You mean land actually surveyed and ready for occupa- tion ? — Actually surveyed. 1672. \jordi Eliot.] Had they a right to insist that the survey should be a trigonometrical one ? — I do not think they had. 1673. If it had not been a trigonometrical survey the expense would have been much less ? — I beheve there has been a running survey for a considerable time. I believe there was little beyond the prehminary sections surveyed trigonometrically ; but that was completed before my arrival in the colony. 1674. Chairman^ Is there anything further that you would wish to state to the Committee, with respect to the general condition of the colony ? — I think the general condition of the colony is very favourable. The colony requires httle but to be left to itself in order that it may succeed ; it has already a large stock of sheep, cattle, and horses, and its soil is coming into cultivation rapidly. 1675. Lord Eliot ?^ Do you think that if the present financial difficulties be removed, the resources of the colony are sufficient to enable it to defray its own expenditure for the future ? — Amply sufficient to meet the necessary expen- diture. But I do not say that they would be sufficient to enable it to pay the xnterest upon the sum which it is now necessary to borrow to remove its financial difficulties. 1676. But you beUeve that its resources are capable of great increase of developement ? — Very great. 1677. LordlfomcA;.] Do you conceive that if some addition was made to the uture selhng price of land, with a view to create a sinking fund for the pay- ment of the debt, in that manner it could graduaUy be removed-— I think it could. 1678 Lord^Ko^.J You think a higher price than 1 1, per acre could be easily obtained ?— I think there might be some addition made to it, for example, to cover the expense of surveying; but if there was any considerable additiofl to tne up-set price, it might deter settlers from going there ; they miffht prefer going to the neighbouring settlements. y & v ^fP' ^'^^''^f;^ ^^^"^ ^"""^ ^^y *^^t yo^ ^^ve no doubt that the colony could support Itself and pay its expenses, you have made no special calculation what the expense of the colony would be?-I would deduct from its expenses Afiri """'^fi *^' '"''T^ staff might be diminished to a very great extent. Atter them would remam the expenses of pubhc offices and the police ; which 1 thmk could be very well borne by the colony. 1680. Judging from what you saw, do you consider that the establishment ot pubhc officers or of the poUce, would admit of any reduction ?— There might SELECT COMMITTEE ON SOUTH AUSTRALIA. 151 might be a considerable reduction in the surveying staff. I do not see that the poUce could be reduced, unless some more stringent means were employed to prevent the entrance of bad characters into the colony. i68i. In speaking of the ability of the colony to maintain itself, you have no particular data as to the expense of those establishments ; you have never made a calculation of what the revenue of the colony is, and what would be the cost of the establishment which you would suggest ? — I am aware of the revenue of the colony, which at present amounts to something approaching 30,000 I. annually, and is increasing rapidly. The expense of the survey I think amounted to as much as 20,000 /. annually. 1682. But omitting the expense of the survey, are you aware what the present expenses of the colony are ? — Yes ; omitting the survey, I think the present expenses, including the public works, amount to -nearly three times the actual revenue. But as to the financial circumstances of the colony, I am not able to give any decided opinion. The subject is out of my line of observation; but from what I have seen of the colony, and of its capabilities, pastoral and agricultural, I have not the slightest doubt of its ultimate success. A. M'Shane, m.d. 16 March 1841. Jovis, 18° die Martii, 1841. MEMBERS PRESENT. Capt. A'Court. Lord Eliot. Lord Fitzalan. Mr. Gladstone. Sir George Grey. Mr. G. Hope. Lord Howick. Lord Mahon. Sir W. Molesworth. Mr. Parker. Mr. Vernon Smith. Mr. Sotheron. Lord Stanley. Mr. G. W. Wood. The Right Hon. Sir GEORGE GREY, Bart, in the Chair. George Fife Angus, Esq. called in ; and further Examined. 1683. Chairman.'] ARE you now prepared to give the Committee detailed in- formation with reference to the Bank, in connexion with the company of which you are a director ?~I have a return of the bank, which is made out on the principle of the returns required by the Act of Parliament from the Australasian Banking Company. It is a statement of the liabilities and assets of the Bank of South Australia on the 30th of September 1 840, the latest period of the accounts yet received by the company, 1684. Have the goodness to read that account. — [The Witness read the same, as follows ;] STATEMENT of the Liabilities and Assets of the Bank of South Australia, in the Province of South Australia, on 30th September 1840, the latest period of the Accounts yet received by the Company. LIABILITIES. Notes in circulation, not bearing interest - - _ Bills in circulation, not bearing interest Bills and notes in circulation, bearing interest - . _ _ Balances due to other banks, at Hbbart Town and Port Phillip Cash deposited, not bearing interest ---_._ Cash deposited, bearing interest ---.__ £. s. i7>53i - 5,603 18 nil. 1,985 7 " nil. 85,603 5 d. 8 110,723 11 7 G. F. Angus, Esq. 18 March 1841. 0.21. u 4 ASSETS. 152 MINUTES OF EVIDENCE TAKEN BEFOllE THE G. F. Jlngas, Esq. ASSETS. 18 March 1841. Gold, silver, and other metals - - - - Landed property, being bank premises, 8cc. Bills of other banks ------- Balances due from other banks at Sydney and Launceston Debts due to the bank, including notes, bills, &c. £. s. d. 228,622 8 3 110,723 11 7 £. £. s. d. 13>937 2 4: 2,020 9 8 ' 154 - - . 3>63i 7 & 208,879 8 9 228,622 8 3 £.117,898 16 8 net capital. Ill connexion with the above, I observe that the company's bank is the principal one ra South Australia : also, that the rates of business were, — Discounts at lo "/o per annum. Interest allowed on daily balance of current accounts, 4 "/o per annum. Ditto - charged on overdrawn accounts, 10 7o per annum Ditto - allowed on cash deposited, 7 °/o per annum. Drafts on London, Sydney, Van Diemen's Land, and Port Philip, granted, at 3 "/« per annum. London, 13 March 1841. E. & O. E., p. South Australian Company. Edmund J. Wheeler, Manager. Mr. Angas^ I may state, that the whole of the company's capital, which is 320,000 /. and more, is responsible for the payment of those liabilities. The rate charged for discount of 10 per cent, per annum is precisely similar to that of all the Australian colonies. I may be allowed to read an extract from the last communication we had from the manager, which will show the principle on which he is managing the financial operations of the b^nk. These are his words : " Bills before discount are carefully considered, and accommodation bills for land or otherwise of an objectionable nature, are carefully excluded. The extent of business transacted in the colony is thus plainly indicated." I may remark here, that the values of the notes are, 1 s. (which is the lowest), 20 s., 5 /., and 10/. In consequence of the early establishment of the company's bank, the wages of labour have been paid in the colony in cash from the vei-y commencement, consequently the truck or barter system has been avoided altogether, and the wages paid form a good standard of the value of labour. 1685-6. luor A Stanley.'] Can you state what proportion of the circulation is in the smaller, and what proportion in the larger jiotes ? — I am not prepared to state that,, 1687. Mr. JVood.'\ You say that wages have been paid in money ? — They have been paid in money from the commencement of the colony. 1688. By money do you mean specie ? — Yes; the notes of all the banks are convertible into specie at any time. 1689. Is it the practice to pay wages in specie, or in small notes? — I believe, ia both, as it is in this country. 1690. Mr. Sotheron.] Are the small notes convertible on demand?— All the notes are ; the notes have been found particularly useful in travelling in the colony, for the specie would have exposed them to robbery. The bank has been of great value to South Australia, being a new colony, by being a secure place of deposit for the property of the colonists, having strong rooms and safety chests. 1691. Lord ^/ioif.] Are people very much in the habit of depositing their specie with the bank ?— I believe that is nearly always done. 1692. Lord Mahon.] Do they deposit valuable property as well as specie?— They deposit title-deeds. r r j f 1693 Lord Sianlej/.] What is the practice of the bank ; do they advance money upon bills at one uniform rate of discount, without reference to the comparative solvency of the parties applying?— No instance has occurred within my recollec- tion of two different rates of charge having been made; for no bills were ever taken for discount without perfect satisfaction as to the solvency of the individuals,, either by reason of the names on the bills themselves or by their depositino- secu- rities. •' tr o 1694. Have SELECT COMMITTEE ON SOUTH AUSTRALIA. 153 1 694.. Have the bank any pecuniary transactions with the government 1 — The G. K Angas, Esq. proceeds of the sales of the land were deposited in the company's bank, and were — remitted through the bank to London on the commissioners' account. The company 18 March 1841. in London had a communication with Mr. Hill, the secretary of the Board of Commissioners, on the 17th of May 1838, proposing to open a revenue fund to be withdrawn in the colony, and an emigration fund in the colony to be withdrawn in London. The company proposed for the Revenue Fund to allow and charge 10 per cent, interest, and to charge 10 s. per cent., that is, half per cent, com- mission for transacting the business, but that half per cent, was to be on one side of the account only. The Emigration Fund was to be remitted to London at the current rate of exchange, whatever that might be in the colony. The charge was to be two per cent, if the exchange was at a discount, and one and a-half if the exchange was at par or at a premium. On the 26th of May Mr. Hill communi- cated the commissioners' temporary assent to that arrangement, and on the 13th of June 1838, Mr. Hill wrote, referring to the temporary arrangement, and stated that the commissioners wished to have an emigration fund account of 2,500 l. quarterly, to be drawn by the resident commissioner at Adelaide. Hence it would seem that a large portion of the Emigration Fund had been withdrawn in the colony itself for the services of the government, and the residue appears to have been remitted to London. The commissioners stated then that they pre- ferred an uniform rate of commission, and Mr. Hill required to know the company's terms, and on the 22dof June 1838, the directors proposed to allow seven per cent, interest for any sum deposited in the bank on the government account, and if the account were overdrawn, to charge 10 per cent, interest. 1695. Those were your usual terms? — The usual terms for every one ; and a half per cent, commission was the charge on our side of the account, which in fact are the usual terms. On the 27th of June 1838, the commissioners assented to this arrangement till further notice. Of course it was optional with them to terminate the ai'rangement at any time they pleased ; there was no agreement as to any certain period. There was an increase of the quarterly transfer from the Emigration Fund for the use of the governor to the amount of 3,000 /. per quar- ter, marking about 12,000 ?. per annum. 1696. Were you in the habit of discounting government bills for cash in the colony? — I never knew an instance of the kind. I may state that the company have had occasionally, but very seldom, drafts of the governor upon the commis- sioners in London ; they have had a few of those bills through their hands. I think we now hold two or three, amounting to somewhere about 2,000 /. 1697. Were you in the habit of advancing cash upon those drafts ? — Never, that I recollect. The bank did advance cash to the governor ; but it was to be repaid in the colony, and it has been, I believe, chiefly repaid, if not altogether so. 1698. To what amount, and on what terms, was that advance made? — It was on the terms of the arrangement made with the commissioners in London to charge 10 per cent., and to allow seven. If the account were overdrawn, 10 per cent, interest was charged ; if there was anything in hand, seven per cent, was allowed by the bank. 1699. In the case in which you state that you made an advance to the govern- ment, was that advance to the government upon the ordinary terms of 10 per cent, interest ? — I believe it was. 1700. To what amount was that? — That advance, I think, was 15,000/. It appears in the statements laid before the Committee; I think 8,000/. of that had been paid previous to October, and I think the whole has been since repaid. 1701. Mr. V/oodJ] Was that a solitary transaction, or have there been others of the same kind ? — I remember two years ago or more, in Captain Hindmarsh's time, the government of the colony was in great difficulty ; so much so, that they could not pay the salaries of the officials ; and he applied to the bank for assistance, and some 5,000/. was advanced upon that occasion to enable him to pay the salaries till assistance was obtained from this country. 1702. hoxd. Stanley^ At the same rate of interest, 10 per cent.? — I do not remember the interest; the probability is that it was 10 per cent., for there is no lower rate of interest charged in any of the Australian colonies. 1763. What security did the bank take for the advance? — No other than the security of the treasurer, backed by the governor. 1704. Chairman^ How long was it before that advance was repaid ? — In a very short time ? — I do not exactly recollect ; I suppose about three or four months ; the Land Fund soon enabled the commissioners to replace it. 0.21. X 1705- Mr. >54 MINUTES OF EVIDENCE TAKEN BEFORE THE G,F. Angus, Esq. 1705. Mr. Wood.] Was it an advance on account of the Land Fund or the ■^ — r-. — . Revenue Fund ? — I cannot say how the commissioners regulate their financial 18 March 1841. affairs. 1706. Did the government give you any guarantee, chargeable upon the revenue of the colony, for that advance of 5,000 /, ?— No. 1707. Chairman.] It was a transaction between the governor and the bank?— Yes. 1708. Mr. Wood.] "Was there any correspondence showing the nature of the applications, and the terms upon which the assistance was afforded? — I dare say I can obtain that from the company, if it were desired. 1709. With respect to the other advance of 1 5,000 Z,, when was that made?— I believe the Committee have that in evidence. We consider it improbable, from the tenor of the communications we have received from our manager, that any further advances would be made to the government. 1710. You know that part of that 15,000 I. has been repaid, and you think the whole ? — I expect so. 1711. Do you know of any other transactions of that nature, besides those to which you have referred? — 1 do not think any of that nature have occurred besides ; I am not aware of any others ; I rather suppose that the principal part of the drafts of the governor on the commissioners in London have been negotiated through' another medium. Many of the parties who arrived with stock in the colony, which stock was purchased and paid for by private individuals, have chosen to exchange the money they received, in payment for their stock, for drafts on England; and I suspect they have purchased the governor's drafts, so that the money did not come through the South Australian Company's Bank. I believe the com- pany's indorsement is not to be found on any one of those bills, except what we hold ourselves. 1712. In what way did those bills you now hold come into your possession? — I suppose they were paid into our bank by private merchants, but I cannot speak positively. 1713. Have the South Australian Bank been in the habit of making advances to the governor in exchange for the governor's drafts upon the commissioners in England ? — I am not able to answer that question. It is probable that it may have been done in some instances ; but ^^ve should of course, in that case, have had the bills through our hands ; now we have had very few through our hands ; I sup- pose the commissioners themselves could answer that question. 1714. Lord Fitzalan.] In the 95th page of the printed Papers, 12 per cent, per annum is stated to be the interest of the 15,000 I. ; can you say whether that is right or not ? — I am not aware of that ; I think 10 per cent, is the amount. 1715. Chairman.] Does not that letter from Colonel Gawler, of the 3d of February 1840, which you now hold in your hand, refer to the transaction which you have just stated in your evidence (^the Despatch from Qovernor Gander to Colonel Torrens, of 3d February 1 840, being shown to the Witness^ ? — I think it does. We have not received the particulars of that transaction from our manager. The returns have not come ; they are made up to certain periods, and have not yet been received. 1716. It appears that the advance was made on the 31st of December, and that the terms agreed upon were, " that 3,000 I. should be transferred, on the 1st of January, from the Emigration Fund to pay off a portion of this loan, and that the remammg sum of 1 2,000 I. should be paid off on or before the 3 1 st of March 1 840, with mterest at 12 per cent, per annum on the daily balance ?"— I do not recollect that information ; but our manager could speak more distinctly upon these items than I can. 1717. You do not know whether those terms were complied with, and thte whole advance paid off on the 31st of March last?— I have no information to that effect. 1718. Mr. Wood.] Can you account for the rate of interest being there stated to be 12 per cent., while you inform the Committee that the established rate for advances by the bank is 10 per cent, per annum?— I cannot account for it upon any other principle than that it has been a specific arrangement made for that advance between the governor and the company. I believe in some instances ia the colony, as high as ) 5 per cent, has been charged for discounts. 1719. By the South Australian Bank ?— Not by the South Australian Bank ; I have stated the terms upon which the South Australian Bank does its business. There SELECT COMMITTEE ON SOUTH AUSTRALIA. 155 There are many individuals in the colony who are men of capital, who lend out G. F- Angas, Esq. money. I know one gentleman who went out with 20,000 /. •— 1720. The question referred to the operations of the bank; has 10 per cent. iS March 1641. per annum been the established rate of discount of the bank from its origin to the present time ? — Those are the rates charged by the bank at the last returns. 1721. Do not you know whether that rate has been a fluctuating or a perma- nent rate ? — I do not know. In all the Australian banking transactions there are fluctuations ; but those are the standing terms of business charged by the bank. ■ 1722. Chairman.^ Is the rate of charge irrespective of the tivne for which the loan is required ; that is to say, do you charge the same rate of interest if the loan is for a fixed period, that period being a short one, as for an indefinite period ? — I should expect the rate of interest would be higher for a long period than for a short one, because the money is locked up, and you cannot turn it over. 1723. Mr. Wood.} By variable rates, do you mean variable to different indivi- duals at the same time, or variable at different times ? — I mean variable at different times, and variable according to the length of time, just as in this country a bill at six months cannot be discounted on the same terms as a bill at three months. 1724. Then the South Australian Company has not a fixed rate with respect to its rate of interest, similar to the Bank of England, but there are special agree- ments made according to various circumstances ? — ^The Bank of England has not a fixed rule, because it changes its rate of interest frequently, and no bank in London has a fixed rule in that sense ; but there is a general rule which admits of exceptions. I have quoted the terms of our general rule ; and I was not aware of any deviation from that rule in any instance till I saw what is mentioned in that communication. 1725. Is not the Bank of England's rate of interest always the same at the same time, for transactions of the same nature ; that is to say, for the discount of commercial bills? — The Bank of England varies its rate of interest at different times ,' the Bank of England acts differently from other banks in this respect, that instead of altering its rate ofdiscountto different parties, it rejects the bills altogether. 1726. Does the South Australian Bank vary its rate of interest from time to time, or does it receive a different rate of interest from different parties at the same time, according to the nature of the bills that come for discount ?-^There is no rule without an exception ; I have stated the genei-al rule. There seems to have been an exception in this instance of which I was not informed, not having received the returns. 1727. Can you account for the bank having charged to the governor so high a - rate of interest as 1 2 per cent, upon the transaction which has been referred to, supposing they were not charging a similar rate of interest upon mercantile paper at the same time ?— Perhaps they were charging a higher rate of interest on mer- cantile transactions at that time, provided the extent of period which the bills had to run was beyond the ordinary limit. 1728* You do not suppose that they charged the governor a higher, rate of interest than they charged for mercantile bills of a first-rate character at that period ? — I do not think so. 1729. Do you know whether the bank limits tlie power to discount as to the period which bills have to run ? — I cannot speak to that ; in a new colony it should be observed they cannot be so-orderly and systematic in all their transactions as in an established civilized country. There are a thousand difficulties arising in the course of the establishment of a new colony, that can never be known, in this country ; and it is impossible to go into that minute and critical examination of the proceedings of either a mercantile or a banking establishment in South Australia, which it would admit of in this country. 1 730. What do you suppose to be the longest date at which mercantile bills have been discounted ? — I cannot answer that question. 1731. What do you suppose to be the customary dates? — I suppose they will run from two to four or six months ; I cannot speak correctly as to that. 1732. Have the bank any rule requiring a certain number of independent securities to be placed upon the bill as a condition of discount ? — Always two securities. 1733. Out of what kind of transactions do those bills arise? — There are very large mercantile transactions ; there is a very extensive coasting trade, and a very considerable foreign trade ; I have a return here of the coasting and the India trade of the colony, which will throw some light upon that question. The number 0..21. X 2 of 156 MINUTES OF EVIDENCE TAKEN BEFORE THE G. F. Atigas, Esq. of vessels which had arrived from the neighbouring colonies since the establishment of the colony, being about four years, was 255, and the tonnage 39,500; conse- 18 March 1841. que„tiy t^gre must have' been a very large amount of produce and goods imported. The number of passengers reported from the neighbouring colonies 13678. Seven vessels have arrived from New Zealand with timber; the tonnage amounted to 1,217 tons, the reported passengers from New Zealand, seven. The cargoes con- sisted of timber, potatoes, maize, and other produce. Five vessels have sailed from South Australia to New Zealand, tonnage 899 ; number of passengers, 24; so that we can ascertain pretty correctly the amount of emiigration from South Australia to New Zealand. 1734. Lord Stanley.] Did the vessels that went to New Zealand take out any produce? — I believe it will be found from the Custom-house reports that they took some British manufactured goods ; I think they took some provisions. Doubtless they were not full, but they took provisions and manufactured goods, as far as I have information. The number of vessels from India was 11, the tonnage 3,317, The number of passengers coming from India 1 cannot ascertain exactly, but the cargoes consisted of merchandize, rice, sugar, wheat, flour, &c. The imports into the colony for the last half-year amounted altogether to 1 80,000 /.,• which would be equal to 360,000 /. a-year. The trade must have been very considerable, because, in addition to these there are all the fishing operations. There are several vessels employed in the fishing, not merely those belonging to the company, but the French and Americans have fishing vessels off the coast, which take their supplies from our settlement. 1735. Do you mean the whale fishery? — Yes; by accounts received yes- terday, dated 27th of November, there were then three large vessels laid on at Adelaide, to sail on the ist of January 1841 for London direct, which would be loaded with wool and oil. Those vessels would of course carry a considerable quantity of ballast, and arrangements are making to ballast them with some valuable productions, such as marble and copper ore. I have a specimen of the marble with me, which I shall be happy to produce, {The Witness produced the same.) The marble would by that means be brought to England, without any expense. These are merely specimens from the surface, and I think the interior, according to the account we have, will be equal to Carrara marble ; the ballasting of ships will enable the colonists to bring the article to London without any expense whatever. 1736. In what part of the colony is the marble found ? — In the Barossa range. 1737. How far from Adelaide? — Taking the direction of the river, the distance is not more to the port than about 35 miles ; it is nearly a dead level. There is also some very good tin ore and copper ore ; this is a specimen of the tin ore {producing the same). 1 738. Are they working any copper mines in the colony ? — They had com- menced working a mine on the Barossa range, and these are the first outside specimens. 1739. Lord Eliot.] Is the ore found at no great depth from the surface?— These are surface specimens, copper, iron, and tin; the iron ore is unlimited; there is iron ore close to Nepean Bay, the harbour of which will admit of ships of 800 tons. It produces a proportion of 70 to 75 per cent, of iron ore. Slate also is an article with which they may ballast wool ships ; blue slate is produced of most excellent quality, so good that the company are slating the roofs of the warehouses which they are building at Port Adelaide with it. 1740. Lord Mahon.\ Is slate more abundant in this colony than in the other Australian colonies ?— I am not aware what quantity is found in the other Austra- lian colonies ; I suspect that it is rarely found in the other colonies. This is said to be of very superior quality, so that I have great hopes, speaking of the resources ot the colony, that these productions will enable the colonists to carry on a con- siderable export trade. I have a geological report from the company's geologist, Mr. Menge, of the minerals of the colony. There are no less than a hundred different species of mmerals in it. With the permission of the Committee, I will Vkh Appendix^ deliver m this Report. (The Witness delivered in the same ) Tt7 ^'"' "^' r '^/'- ¥'^ '^^""^'■^•^ .^^.^'^* '' '^^ ^'"''^'''^ f-^^'" tl^e range where the marble is 1 • 5. found, to the nearest navigable point of the river ?-I should say about 2 5 miles ; but It ought to be observed that it is a back carriage, because the conveyances which take productions and goods from Port Adelaide, would otherwise return empty. 1 742. Is that the road which you stated to be so good ? Yes. 1743, Lord SELECT COMMITTEE ON SOUTH AUSTRALIA, 157 1743. Lord Mahon.~\ Do the marble and the ore come from the same range ? G. F. Angas, Esq. — Nearly all those hills produce minerals of different descriptions. 1744. Within what extent ? — The whole extent, I suppose, will be about lo or ^^ *'^''^^ '^4^- 15 miles ; I have a geological report of this part of the country, which I, shall be happy to deliver in. 1745. Mr. Sotheron.'] Has any of this iron been smelted? — ^It has been tested by the geologist. 1746. It has not been made use of in any way? — ^^Certainly not. 1747. Mr. Wood^ It is usual, in making sales of produce and merchandize in the colony, to sell it upon credit? — I think not; the usual terms are, accept- ances at certain .dates, and sometimes cash ; I have known cash transactions. 1748. It is the custom to sell either for cash to be paid down, or for accept- ances ? — Both. 1749. And those acceptances are commercial bills, which come to your bank in the usual course of business for discount ? — Yes, 1 750. Have you seen a letter of Mr. Jackson's, the colonial treasurer, addressed to Colonel Gawler, dated Colonial Treasury, 10th of December 1839, which is among the printed Papers, No, 1, page 95 ? — I have not seen those papers. 1751. You have not seen the Papers laid by the Government before this Com- mittee, which are printed, and marked No. i.?-r-I have not. If there are any questions arising out of that paper, and I should be put in possession of it, I shall be happy to get information from our manager upon the subject. 1752. Have the bills drawn by the governor for colonial disbursements been purchased by parties who had occasion to make remittances to England for mer- chandize imported? — I am not able to say, because the bills have not come through my hands, nor the hands of the company ; I understand some of them are in the hands of the Union Bank, and in the hands of the Australian Bank, The Union Bank is not: established in Adelaide, but in Sydney, and I think the commissioners gave certain instructions to merchants in Sydney and in Hobart Town to negotiate bills for them ; I have heard so ; I am not officially acquainted with the fact. 1 753. Chairman.'] You are a director of the Union Bank of Australia 1 — I am. 1 754. Does that do any business in South Australia ?— No business in South Australia. 1755. Mx.Wood.'] Do not you suppose that the merchandize imported from England into South Australia has been paid for to a considerable degree in govern- ment bills .? — I believe not ; I do not think any of it has. The merchandize imported from England has been sent out with the capital of merchants, or is' the property of private settlers. 1 TS^- In what way do the English manufacturers receive, payment for their merchandize ? — By the property of the persons who export it, 1757- Do you suppose that it has been taken out as part of the capital which the settlers took out with them ? — I think so, in a very large proportion. 1758. Then, supposing there was no demand for bills in the colony for the purpose of making remittances for the merchandize imported, how has the governor been enabled to make sales of his drafts upon England ? — I have stated already that many of the parties from New South Wales who had brought over stock to the colony, have sold the stock for cash, and with that cash they must have purchased the governor's bills. 1759. Then that stock you apprehend to be paid for by the governor's drafts? — No ; the stock was paid for by cash belonging lo the individual merchants and settlers in the colony; the importers of the stock having received that cash, naturally wished to have means of remitting to England, and they consequently purchased the drafts of the governor ; I suppose that was the operation. 1 760. Is not the result this, that the colony received those herds and droves of sheep and cattle, and that the payment made for them was by means of the governor's drafts upon England ? — I do not think that is a necessary inference ; it has the appearance of being so, but it does not necessarily follow that it was so, because merchants' drafts, as well as the governor's drafts, were purchased in the same way. 1761. The governor has drawn bills to a large amount upon England ; has not that been pro tanto a supply of government money to the colony ? — Doubtless it has, 1 762. Then a part of the prosperity of the colony has arisen from the govern- ment expenditure upon public works paid for by drafts upon England ? — I think 0.21. X 3 that 158 MINUTES OF EVIDENCE TAKEN BEFORE THE G. F. Angas, Esq. that is not a proper inference to draw from transactions of that kind ; because •- you might as well say that building the Parliament House here is the cause of the i8 March 1841. prosperity of Great Britain ; the same principle applies in both cases. 1 763. Is not the government expenditure in colonies productive of prosperity to the colonies ? — Certainly. 1764. Is not that the case in South Australia as well as elsewhere ? — Yes, as well as in London. 1765. Has not the circumstance of the governor undertaking a considerable outlay in the colony upon public works, which is provided for by drafts upon England, been conducive to the prosperity of the colony to the extent of those drafts? — I think it had a tendency to keep up the price of labour. 1766. Had it not a tendency to draw capital from England to the colony?— Certainly it had, to the extent of those drafts. 1767. You say it had a tendency to raise the price of labour also ; that ten- dency would produce a counteracting effect as regarded those who were employers of labour? — I view it in that light, which is the reason why I demurred to the proposition of its tending to the prosperity of the colony. I think the colony would have prospered much more if those drafts had never appeared. 1768. You think that it apparently tended to prosperity, but that the prosperity so created is apparent only and not real ? — I think so. I have a letter which shows the tendency of those drafts upon the prosperity of the colony, at least so far as external influence goes. It is dated Serampore, in India, so late as the 16th of January. It states, " The fact is, that the embarrassed circumstances of the colony, in consequence of the heavy debts incurred by Governor G a wler, have had the effect which might have been expected, df drawing oflT attention from the set- tlement. The papers which have appeared in London have been reprinted -here, and have filled the public mind with apprehensions. I hope that the next mail will bring intelligence that some arrangement has been made for honouring those bills, and preserving the credit of the colony." Now I argue from this, that the goyernor's drafts upon England, instead of increasing the prosperity of the colony, have had counteracting tendencies, and this is one of them, 1 769. They produced a counteracting tendency afterwards, but for the moment they must have had a beneficial tendency to all appearance ? — I am decidedly of opinion that . the large expenditure of the governor has been an injury to the colony. It may have given a certain stimulus for a time to the employment of labour, but in the end it has been exceedingly injurious to this new colony. 1770. The object of the question was to endeavour to ascertain the fact ? — ^There is certainly a very great demand for capital in the colony. I have a letter in my hands, which I received from the governor, dated the 10th of July, in which he states, "That which we want is population and capital. Capital, capital to bring the land sold into operation. Between the Gulfs and the Murray there is comfortable room on good available land for from 100,000 to 200,000 inhabit ants. The agricultural, horticultural, and pastoral capabilities of this portion of the colony are very great ; if they were but properly represented, respectable set- tlers would flow fast upon us. The social condition of the colony is admirable, I do not think that a better understanding between all classes of the community exists in any portion of the globe, notwithstanding passing differences of opinion." 1771. Is not it your opinion that there has been a much more rapid and larger supply of capital to this colony than has been the case with any other colony ?— Perhaps tenfold. But I conceive that the capital has not been more than sufficient for the demand ; the rapid increase of the population, in consequence of the system which has been adopted, has rendered a larger influx of capital necessary than would have been required under any other circumstances, and that perhaps is one cause of some of the difficulties which have arisen in respect to South Australia. Another' cause is the delay in getting possession of the land. 1772. If the supply of capital has been so much larger than in any other case, and the colony has been so prosperous in th^t respect, how do you account for the goverrior saying, "We want capital, capital, capital"?-- Because the amount of population and of the capital already invested create a demand for further capital. If I purchase an estate for 5,000 Z. I require further capital to improve that estate. We know that in England a farm of 1,000 acres, although the farm- stead and the fields were all ready prepared, would require a capital of at least 4,000/. or 5,000/. to do justice to its culture. So the introduction of capital into the colony has created a demand for a still further supply. 1773. You SELECT COMMITTEE ON SOUTH AUSTRALIA. 159 1773. You are not satisfied with the degree of prosperity as to the supply of G.F.Angas, Esq capital and of labour which this colony has derived from the mother country ?— It has been much greater than I anticipated. But it has not been greater than ^'* Marcn i»4i. the circumstances of the case demanded. It should be recollected that this has been altogether a new experiment, and that it has advanced in a manner which has no parallel in history ; that sudden demands for labour and for capital besides other accommodations have arisen which were never expected. Some of those have been met by the interposition of the South Australian Company ; others by the emigration of large capitalists, and those collateral advantages have prevented much mischief which otherwise would have arisen. I should be extremely happy at a future time to go fully into the investigation of the causes which have not only led to the present prosperous state of this colony, but to the inconveniences which have arisen, and also to show that hereafter in colonization the experience of the past should suffice to produce a better system of emigration, and of the settlement of colonies, than has hitherto existed. 1774. Mr. Vernon Smith.'] Have you been in the habit of corresponding with Governor Gawler? — I have had correspondence with Captain Hindmarsh and Governor Gawler from the beginning. 1775. In your correspondence with Governor Gawler has he given you any explanation of his recent expenditure which you would be willing to communicate to the Committee r — No, he does not mention it in his correspondence with me. This has been chiefly upon the moral and spiritual condition of the colony. I have always taken a , great interest in schools, and in the moral welfare of the people ; it has been upon such topics that my correspondence has been chiefly carried on with the governors. 1776. Mr. Wood^ The prosperity of the colony having been such as you have described, is it not unreasonable to be crying out that still more capital and labour are wanted in an accelerating ratio, and is it not doubtful if the speed of that prosperity were still further increased it might not be hazardous ? — I did not say we wanted more capital and labour ; I said we wanted more capital. As to the question of labour, that, I think requires further consideration. I am of opinion that labour has been sent out too quickly ; but with respect to the capital, it has been exceedingly well applied, and is one cause of the prosperity of thecolony ; it is a foundation upon which the Government has a right to calculate as a fair security for the loans which are now applied for. I have made a comparison between the means of supply of food in the colony, and the population, which, I think, is a very important question ; we have 14,000 or 15,000 people there now, and I can show that we shall be able to provide food for them without any import from other countries. 1 777. Mr. Vernon Smith.'] What do you mean by " the present state of pros- perity of the colony?" — I shall take the different articles of stock, in order to illustrate my idea ; first of all, there are horses. I find that the proportion of horses in the colony to the population is as one to 1 ; in England it is as one to 1 1. In respect to cattle, I perceive that in England there is one ox or animal to three persons. In South Australia there is one to one person. I take sheep, and find that in England there are 2 I sheep to one inhabitant ; in South Australia there are 1 2 sheep to one person. Now I infer from this, that there is a vast source of supply of food to the population as now existing in South Australia. The proportion is more than sufficient to satisfy the Government that it is not likely at any time to be destitute of food. As to flour, I find the proportion of grain in England is as one quarter to one person per annum ; it is not very far short of that now in South Australia. 1778. Chairman.] You speak of grain grown in the colony? — The last account of November the 27th, leads us to calculate (the harvest was then getting in) upon 90,000 bushels ; and taking 30,000 bushels from that for seed for the next year, which will be sufficient for 10,000 acres, there remain about 60,000 bushels for the population, which is nearly one half the proportion allowed for the supply of Great Britain, in the ratio of the population. 1 779. You have received this information since your former evidence ? — I received it only yesterday. Then with reference to the amount of production per acre, and the weight of grain in South Australia, the wheat I perceive, upon the average, has produced '40 bushels per acre ; in England the very lowest land pro- duces from 10 to 12 bushels per acre, but the best land produces from 48 to 60 bushels per acre ; therefore if we grow 40 bushels per acre in South Australia, it is - 0.21. X 4 a very i6o MINUTES OF EVIDENCE TAKEN BEFORE THE G, F. Avgas, Esq. a very fair proportion. The weight of a bushel of wheat in South Australia is r- 66 lbs.; the average of the best in England is 58^ lbs., consequently wheat 81 March 1841. in the colony is superior in weight to that of England. I find that barley is pro- duced at the rate of 60 bushels an acre in South Australia. In England the average is about 40 bushels an acre ; sometimes it has amounted to 64. I think these facts will show that there is a capability of production of grain in South Australia which has never yet been expected ; that it is in fact a grain country. J am confident, from the various reports I have had (I do not mean to say that the whole of it is so, but that there are various portions of the country admirably adapted to all kinds of grain) ; that next year it will be able to grow the whole of its grain ; and after that it will be an exporting country, unless the inhabitants find that they can apply their capital in a more profitable way. I think the sheep farming is more profitable than the production of grain ; and after grain shall be reduced in price it is pro- . bable that there will be less produced, and that the colonists will chiefly attend to the cultivation of sheep. 1 have some very accurate information of a flock of sheep in the colony, of 4, 1 50 ; and the report of the manager of this farm, in a letter dated in June last, says, " Our number is about 2,550 ewes and rams, and 1,600 lambs. We hope to obtain at least 90 per cent, from the whole of our breeding stock." I take this opportunity of remarking, that the calculation I made in my estimate of the produce of the colony, of sheep, was only 33 per cent. " The sheep are thriving far beyond my expectations ; the lambs growing faster than any 1 ever saw in England. Flaxman's Valley is, without exception, the best sheep run in South Australia, both for the goodness of its pasture, and the soundness of the land for the feet of the sheep, the last being a most important consideration in this colony. I do not think sheep will be ever affected with the foot rot in Flaxman's Valley." I state that as a very important fact, coming from a gentleman on whose veracity I can fully rely. He says, further, that the sheep farming, he thinks, is the most profitable thing to which colonists can turn their attention. There are in the colony now about 1 80,000 sheep ; and, by accounts received yesterday, I find that three ships, of more than 300 tons each, are laid on in Adelaide, to sail on the 1st of January last, tq bring home wool and oil. The produce of wool will be about 2,000 bales ; last year it was about 800 bales. Tliese facts fully bear me out in speaking of the present prosperity of the colony, and of the great resources which the colony possesses for meeting any loans which the Government may think proper to make. I could go further into particulars, if time would admit. 1780-90. Mr. Wood.'] You stated that you thought that this labour which had gone out to the colony was out of proportion, and in excess of the capital which had been supplied to it ? — I did so for this reason, that a large proportion of the capital, though it will turn to a good result in the end, has been from necessity injudiciously applied ; I allude to the amount of capital employed in building. 1791. 'LoxA. Mahon.} Why do you say from necessity? — Because the settlers would not have embarked so much capital in building if they had not been placed under very peculiar circumstances. Those circumstances which I betr leave to explain, will lead to a conviction in the mind of the Committee, that the settlers at the beginning were placed in a very disadvantageous position, and considering that, ihey exerted themselves most astonishingly. The colony was started in December 1836. The first detachment was landed at Kangaroo Island; there were no surveyors in the colony when it arrived ; there was no governor, and no one to govern or protect them, for several months afterwards. 1792. Chairman.^ Were they sent out by the commissioners or by the com- pany ?— They were sent out by the company ; previously to their departure I applied to the Government for permission for one individual to exercise mao-isterial author rity, that there might be something like government, but that was not granted, and they were obliged to govern themselves till the governor arrived. Earlv in 1837 the settlers removed from Kangaroo Island to Adelaide, consequently their .first expenditure was comparatively useless; they had to begin acain, and to settle a second new colony. " 1793. What induced the company to send out a body of settlers before the commissioners had made any arrangements for their reception ?— The circum- stances which induced the company to do so were these. When it was resolved to establish a company, -because it was found impossible to carry the Act of Parliament into operation without one, it immediately commenced operations, fully believing that the commissioners would have their vessels and detachments out at least two or three months before them. The company, however, soon had their ships readjr for SELECT COMMITTEE ON SOUTH AUSTRALIA. 161 for sea, and they were obliged to let them go when they were ready ; on that G. F. Angas, Esq. account it was that they arrived out first in the colony ; but, as that was anticipated, they obtained permission from the commissioners to settle down upon a certain 18 March 1841. portion of the land in Kangaroo Island, and to make improvements there, by which they were enabled to employ their emigrants, with the understanding that they were to possess a portion of the soil on which they landed, a certain extent having been agreed upon beyond the limits of their erections. Finding, however; after' the governor and surveyors arrived, that there was a much better country for settlement on the main land, they of course removed, but they suffered all the disadvantages of the loss of removal from this first settlement. They proceeded to Adelaide early in 1837, and the town lands were not selected for some time after that period, consequently, the settlers were obliged to support themselves with- out any productive return ; they had no means of applying their labour, not having the land in their possession. The land in the town was at last appropriated, but even then they had 110 means of employing the people except in erecting houses. They built houses for their own accommodation in the first instance, and they would have stopped there, if the country lands had been allotted to them ; but they remained in Adelaide from early in 1837 till May 1838 before they obtained their country lands ; during that long interval they had no other means of employing their labourers except in the erection of houses, which, as it afterwards turned out, were very convenient and useful for the emigrants who followed them ; still it was an investment of capital upon a scale which they never contemplated, and never would have adopted, if it had not been for this adventitious circum- stance. In May 1838 the country lands were allotted; and in the following December there were no less than 80 acres in one section, ^nd I believe, altogether,' about 150 acres planted; they reaped the harvest in December 1838, which shows that they had immediately settled themselves upon the country lands. In the next year, 1839, there were 400 acres planted. In the succeeding year, 1840, there were 2,000 acres. Now, the Committee will perceive how regular the progress has been ; they first of all landed at Kangaroo Island and made establishments there ; they were obliged to remove to Adelaide and built a town there ; two years elapsed before they were able to obtain the first country land. The moment they obtained the first country land they began to cultivate it, and since that time the progress of cultivation has been such as has had perhaps no parallel in the history of colonization. 1794. Do you mean that too much labour has found its way to the colony alto- gether, or only that the emigrants were sent out without any preparation for their reception, and consequently, that they were there for a considerable time without useful occupation ?— I think they were sent out too rapidly ; I do not think that too much labour has been sent out ; but I think it would have been well if some longer space had 'elapsed between the shipments. 1795. Mr. Wood.'] If labour be in excess, is not that circumstance tested by a low rate of wages ? — No, I apprehend not; I suppose an error exists in the minds of most people upon that question ; the rapid introduction of ship after ship into a new colony has a tendency to increaise the price of labour ; because, every ship that goes out carrying 200 emigi-ants, at once puts in requisition labour to build at least 50 houses, and causes a demand for a certain amount of provisions beyond the regular consumption. 1796. When you say that labour is in excess, you mean labour employed in a particular way ; that is, agricultural labour ? — I have not said that labour is in excess ; I think that labour has been too quickly sent out, and that it was in excess at a certain point of time, before the people got settled in their locations ; the stoppage of labour which has now taken place for a few months will be, in my opinion, greatly to the advantage of th e colony, because it will enable them to get ahead of their provisions, and afford time for them to settle down in various localities; for there are a great number of settlements in the colony besides Adelaide. There are country towns and seaports ; some of the people have gone to those parts, and consequently have reduced the amount of supply of labour in the country near the city, and have by that means neutralized the effect which I considered to be an evil. 1797. You were understood to say that the large amount of labour employed upon the government works had the effect of raising wages ? — I naturally suppose so, 1798. .Would not that high rate of wages give an appearance of prosperity to the colony which was fictitious, and not likely to be permanent ?— Let us see 0.21. Y whether i62 MINUTES OF EVIDENCE TAKEN BEFORE THE G. F. Angas, Esq. whether it will be permanent or not : suppose the governor discharged the whole — ' of those 200 men; what will be the effect of that In the first place they w H x8 March 1841. apply to the builders for employment ; but they wil find no demand lor labou .^ building, because there are already sufficient buildings to answer the Purposes of the colony. Then they will look out for other kinds of employment such as the cultivation of lands, the erection of farmhouses, draining, making of roads and Xr tWngs therefore I conceive they will fall into that vacuum ; and inasmuch as no She'r supply of labour is likely to come into the colony f^om England during this interval, they will be an excellent substitute for the time being. I believe that will be the operation of it. . i,- u % . fot^r, r,laJ 1700. Then you consider the suspension of emigration which has taken place to be beneficial not detrimental, to the permanent interests of the colony ?_ I believe it will be beneficial for a time, but it has its limits; I think hat more labour will be required afterwards; I have not myself felt any regret that the emigration has been suspended hitherto ; but I should feel it if the amount due tq the Emigration Fund should not be restored to it, because it would be an act of injustice to those who have purchased land; and very soon they will require a further supply of labour, as the colony is advancing so rapidly. 1800. Do you think the high rate of wages for artizans and mechanics, esta^ blished by the employment afforded by the governor's expenditure, likely to be permanent?— 1 do not think the rate of wages has been too high, because the price of provisions has been equally so ; I do not expect it to be permanent, as the price of provisions will fall greatly; as the amount of stock increases, it must > reduce the price of butcher's meat; and as the quantity of corn grown in the colony increases, it will reduce the price of flour ; but let it be remembered, that two years ago there was a dreadful drought in the country, which made provisions very dear in all the colonies. My belief is, that the rate of wages must fall coa- siderably, but that provisions will fall in a much greater proportion. 1801. Sir William Molesworth.'] You said that you thought the sums due to the Emigration Fund should be repaid ; do you think they ought to be immediately repaid, or would any disadvantage accrue from delay r~I do not think any disad- vantage would accrue from the delay of a few months ; but a delay of more than six months from the departure of the last ship ought not to take place. Probably accounts may arrive from the colony intimating that there is a greater demand for labour than I at present anticipate ; in that case it would be necessary to send more emigrants out immediately, and the Emigration Fund would be required forthwith for that purpose. 1802. You think that no disadvantage would accrue from no emigration being carried on this spring to Australia, which would be the case if the sums due to the Emigration Fund were not restored? — I cannot answer that, unless I had positive and recent information from the colony as to the effect of the withdraw- ment of the labourers from the government works . 1 803. Mr. Wood.'] Supposing the Land Fund had not been misapplied, and emigration stopped in consequence, do you think that if emigration had gone on as it ought to have done, according to the constitution of the colony, emigration would have gone on to an extent which would have been disadvantageous ? — I can- not answer that question, unless I could know what would be the amount of land purchased in the colony. 1 804. Lord Mahon.~\ Are the Committee to understand that in your view there is a defect in the original constitution of the colony as to the amount of funds re- quired to be applied for emigration ? — I do not think there has been a mistake in the original constitution of the colony in that point of view ; it was one of the duties of the commissioners to regulate and proportion tlie price of lands, and also the application of the Emigration Fund» as circumstances required it. I have stated^ in my evidence before, that I thought one-fourth of the Emigration Fund ought to be applied to the construction of roads and bridges ; consequently it may be inferred from that that I supposed the Emigration Fund, if applied solely to emigration, was too large. 1805. Mr. Wood^ You do not think there is the same necessity to make pro- vision now for the repayment of that money, which has been transferred from the one fund to the other, which there is to provide for the mercantile engagements of the commissioners which are lying over? — I think both ought to be pro- vided for. 1806. You do not think there is the same urgency?— I do not think there is the SELECT COMMITTEE ON SOUTH AUSTRALIA. 163 the same urgency ; but I think it would be improper not to have the money repaid g. F. Angas, Esq. to the Emigration Fund, because the land was bought upon that understanding. — '■ — 1807. In the statement you delivered in, regarding the affairs of the bank, it 18 March 1841. appears that the bank has outstanding among its liabilities, notes bearing interest to the amount of 17,531/., and bills not bearing interest to the amount of 5,603/.; what is the distinction between notes and bills ? — I conceive those probably are drafts upon the other colonies. There are frequently drafts given upon the neighbouring colonies by the bank. This statement was made out by our manager, and I have not a perfect knowledge of the particulars of the items, but I conceive that to be the case. 1808. When you say " bills in circulation," are the Committee to understand that they are bills of exchange drawn upon other colonies ? — I conceive so. 1809. The other sum of 17,531/., called "notes in circulation not bearing interest," consists of promissory notes payable upon demand ? — Yes. 1810. You gave a third head in the liabilities, of " bills and notes in circula- tion, bearing interest," which you said was nil. Is the bank in the habit at any time of issuing bills bearing interest, which would make them in the character of post notes ? — No ; that item is put in because it is the form of return required by the charter of the Australian Bank ; we have nothing of the kind. 1811. Your bank is not in the habit of issuing post notes bearing interest fi-om the day of issue till paid ? — No. 1812. Will you turn to the assets. The stock of gold, silver, and other metals in hand, is stated to be 13,937/.; do you apprehend that that is about the usual sum held in deposit, to meet the engagements of the bank ? — No ; we have had as much as 25,000/. in hand. The specie appears to have been reduced in conse- quence, I presume, of the large drafts upon England ; I think that must have had a considerable tendency to withdraw the specie from the bank. 1813. You consider that balance as below the customary average? — Decidedly below it. We have always kept up what we considered a large proportion of specie ; and even now it is large, compared with any bank in this country. 1814. Do you consider any fixed sum as the proper amount of specie to be kept ? — Yes, I consider that in the colonies a much larger amount ought to be kept on hand than in England., I do not know what the Bank of England keeps ; but I believe it is about a sixth. In a distant colony it should be about a half; but still more than that is requisite, because they cannot have access to immediate supplies from this country. 1815. Do you receive quarterly accounts similar to those you have given of the position of the bank ? — No ; our returns from the colony are in a different shape from this. 1816. This return is not furnished from the colony, but it is made up here? — It is furnished here. 1817. How low do you think the stock of gold and other metals has ever been at any time ? — I do not think it has ever been so low as this before. 1818. The last item of assets, which you call " debts due to the bank, includ- ing notes, bills, &c." amounts to 208,879/. J ^^^ Y^^ furnish the Committee with any classification of that sum ? — I cannot, from recollection. It consists of bills under discount ; doubtless a portion of the amount is advanced upon the joint pro- missory notes of individuals and securities lodged on that account. 1819. What species of securities ? — I suppose titles to property, and also the names of men of wealth in the colony, 1820. Do you mean advanced on open account, but secured by the deposit of some landed security? — Yes. I believe some advances have been made in this way ; gentlemen of well-known property, who have gone out to the colony, have been under the necessity of purchasing stock, and have applied their ready money to that purpose ; they would of necessity require a little assistance for the current operations and improvements of their lands or their houses ; and in that way advances have been made, upon their lodging securities. 1821. What species of securities ? — In that case it would be promissory notes. 1822. Would not such advances come under the head of advances on notes or bills of exchange ? — That classification might be made, but it was considered that as this was the usual form of making the returns to government in all the colonies, we should adopt that form. I am satisfied that the amount of this item is not in greater proportion than it is in all other banks. 0.21. Y 2 1823. Have ]64 JI^INUTES OF EVIDENCE TAKEN BEFORE THE (^. F. Angas, Esti. 1823. Have you the means of stating how much arises ft'om the discount of commercial bills, how much from the discoujnt of promissory notes payable at 18 March 1841. stated periods, and how much from uncovered advances? — I have not. 1824. Do you conceive that any part of it consists of advances upon land pur- chased ? — I cannot say ; it is impossible. I know that the directors laid down this rule, that no advances should be made to individuals upon landed security beyond one-half the amount of the original price paid for the land to the government ; that is to say, if the land cost 20 s. an acre they might go to the extent of one- half of it ; the improvements made upon the land would be an increased security. •; 1825. Then you have recognized the principle, of making advances upon landed security? — We have, as a commercial company ; T believe it is admitted in all charters of land companies, that they shall be empowered to make loans upon landed securities. 1826. When you say "as a commercial company," you mean that you applied that rule to the branch of the company constituted by the bank ? — The bank would naturally advance the money in such a case. 1827. Then it is the practice of your bank to make advances upon land secu- rity ? — It has been done occasionally ; it is not a general practice. But I beg to remark that that is one of the objections which we feel attaches to our bank as it is now constituted, and it is a reason why the Board of directors of the South Aus- tralian Company intend to alter the whole constitution of the bank, by separating the bank entirely from the land company, and to have it conducted by a separate Board of directors. In that case it would not be the custom of the bank to advance money upon land securities. They do not approve of the principle for a bank. 1828. Is it a practice of the bank which has been recognized hitherto by the' manager in this country ? — I stated that it was the practice of the land company, of the commercial part of the company j and the banks consequently would make the advance upon the recommendation of the Board of directors. We have two managers in the colony ; a commercial manager and a bank manager. Now if the commercial company agreed to advance a sum of money on such a security, the requisition would be of course attended to by the bank manager. -. 1829. Do you mean that the commercial manager, in his character of commer- cial manager, would, as a commercial operation, make the funds of the bank applica- ble to commercial purposes, by making a.dvances upon land security, or that he would recommend to the bank manager to make those advances from the bank as part of the banking business? — I believe the transactions of that nature have been exceed- ingly few ; I merely referred to the fact as a principle which had been recognized by the company. I cannot, therefore, answer every particular upon that point. 1830. What is the mode of managing the bank ; is it left to the sole discretioa of one individual, a paid agent, or are there directors with whom he consults, who are proprietors themselves in the bank ?— The principle hitherto has been for the chief manager of the company to have a voice in the transactions of the bank, and the directors have ordered the appointment of a local board in the colony, of the formation of which we have not yet any specific information, but that was the course they resolved to pursue. It would have been adopted at the beginning, but m a new colony there must be great difficulty in finding individuals of sufficierii: respectability and property to appoint to such an office. 1831. But hitherto the sole management of the bank has been with the agent? — With the two agents. 1832 The commercial agent has assisted the bank agent in the mana^emeiit of the bank ?— Yes ; the one is a check upon the other. ° 1833. Is either of them subordinate to the other?— No, they are independent m one seiise, and there is a certain check; we were obliged to adopt that plan till we got a local board appointed in the colony. 1834. You state that the banks issue promissory notes as low as 105. each, • do you consider notes of that small amount necessarv. for the convenience of the population r~We did so at first ; I do not think many of them are in circulation at this time ; we thought them necessary at first, because the colonists did not like to carry specie about them, and I believe most of our coin remains in the bank; very little ot it is in circulation ; the notes are generally preferred. 1835. Do the other banks issue notes as low as 105.?— lam not able to say. 1 do not think our company will issue any more of that descriptions It : was SELECT COMMITTEE ON SOUTH AUSTRALIA. 165 was done for the convenience of the colony ; in the first instance, it was an G. F. Angas, Esq. experiment. 1836. How many banks are there that issue small notes in Adelaide? — There 18 March 1841. were three, including the company's. 1837. Have they any fixed rule for exchanging notes with each other at stated times? — I do not know the practice in that respect. It does not appear likely that many notes will be exchanged in a colony of that limited extent. 1838. They would be re-issued, you apprehend ? — I think it is likely. 1 839. In the commencement of your evidence to-day, in explaining your bank- ing operations, you informed the Committee that in deciding what bills should be discounted, the agent carefully threw out all bills that had any appearance of being accommodation bills, or that were drawn for land ; that answer must be understood as qualified by what you have now stated as to the practice of occa- sionally making advances upon land security ? — It does not follow that advances made on land security were met by promissory notes or bills of exchange, they might be simple advances ; but I suppose it Hkely that advances might be made in that way. I have no specific information as to what amount was advanced as loans on landed property. I alluded particularly to the principle having been .recognized by the company at the beginning of the baiik; but I have no return of the amount ; it is included in this, no doubt ; for it says, " notes, bills, &c." therefore it may include those loans. 1840. Will you explain to the Committee what you meant when you said that in deciding upon what bills should be discounted, the agent carefully threw out all bills drawn for land? — Two individuals may have had transactions together, and those transactions may have arisen out of the sale or purchase of land. Now in such a case, if the manager were aware of that fact, he would not encourage anything like speculation in land. I conceive that remark of his (for it was a quotation from his own letter) means, that he discourages anything like land speculation ; that he has not lent himself to anything of the kind. ]84i. He would throw out any bills that he conceived arose out of land specu- lation ? — ^Yes. 1 842. Then your other answer applies to bondjide purchases of land for cultiva- tion, with reference to which you have occasionally made advances ? — Yes, there have been advances made to farmers to a small extent ; it is a principle recognized by the company, that if a farmer takes a long lease of a farm, and has a portion of capital, say 200 I., the company in that case would lend him 200 /. more to assist him in stocking and improving his farm : of course the improvements upon his farm would be a security for the repayment of the money. 1843. Do you think three joint stock banks are necessary for the healthy and requisite accommodation of a town of the size of Adelaide ? — I should state, that one of the banks is what I should call ephemeral ; it has not commenced business at all, and is not of good character ; an attempt was made to form a bank, but it very soon lost the confidence of the public ; it does not, I believe, now exist ; the other bank is very respectable, but it does not do much business. It is unquestionable that the South Australian Company's bank has the confidence of the public, as it has been in existence ever since the foundation of the colony ; the other has been very recently established, I believe not more than 12 months. As to the question whether three banks are too many for the transaction of the business, I do not think that there are too many for the existing business of the colony ; if we Succeed in separating our bank from our company, and the bank should be enlarged to the extent of three times the amount of capital now employed, it will be very legitimately and profitably employed. I agree with Colonel Gaw- ler, in saying that more capital is required in the colony for the improvement of those undertakings which have been properly and judiciously established. 1844. Are you contemplating putting your bank upon a footing which will separate it from the commercial company, and give it an independent basis ? — Yes. 1845. Do you contemplate making it a chartered bank ? — We intend to apply to Government for a charter; and we will submit to such conditions as the Board and the Government may think reasonable. 1846. Lord Howick.] Can you inform the Committee by what riiles the amount of your paper issues is determined in the colony ? — I cannot say; I suppose it will much depend on circumstances ; I think the manager would never issue a greater 0/21 y 3 amount i66 MINUTES OF EVIDENCE TAKEN BEFORE THE G. F. Angas, Esq. amount of notes than twice the value of his specie; that is the principle he would regulate his conduct by. 18 March 1841, 1 847. Has he instructions to that eflPect from the company? — No ; because he is already fully impressed with the importance of it, and has expressed his con- viction of its necessity in all his communications. We have no need to instruct him upon that point, for he has been extremely careful to keep a large amount of specie on hand ; the directors in London send out, in almost every vessel that proceeds to Adelaide, additional supplies of specie. 1 848. If, in consequence of the dishonour of the governor's bills, a rapid efflux of bullion from the colony was to take place, would your manager think it his duty to contract his circulation ? — He would either contract his circulation, or im- port bullion from the neighbouring colonies. 1 849. You conceive that his instructions are so precise as to obviate any danger of the circulation becoming excessive ? — We are quite sure of that, because he has already acted upon that principle ; he has imported specie from the neighbouring colonies, in order to replace what has been drawn out of the bank. 1850. Mr. Vemon Smith.] Is your circulation confined to South Australia entirely ? — Entirely. 1851. Mr. Hope.] With reference to the statement you gave of the compara- tive number of cattle in the colony, to the population, as compared with the number in Great Britain ; upon what data do you proceed as to the number of cattle and horses in Great Britain ? — I took M'Culloch's Statistical Report, and the last Census of the population in 1831. 1852. luOxA. Mahon.~\ With reference to the productions and resources of the colony, in an answer you gave on a former day, to question 406, you stated that the Australian Company had imported two ship-loads of timber from New Zealand; do you expect that it will still be necessary to continue large importations of timber? — I conceive it will be necessary to import what is called soft timber, but of other descriptions we have an abundant supply in the colony. The company has encouraged ship-building in the colony, and some small vessels have been built of colonial timber, which answers remarkably well for ship-building; but soft timber, such as is required for the internal purposes of buildings, it will be necessary to import from New Zealand. 1 853. Do you suppose that such importation must take place to a large extent ? — I think not. 1 854. Mr. Hope.] You were understood to say that you also imported pro visions from New Zealand ? — In the earlier stage of the colony. 1855. What species of provision 1 — Potatoes chiefly, 1 856. Do you happen to know whose cultivation they were, whether the cul- tivation of settlers or of natives ?— I have no idea of that, but potatoes are now grown in South Australia to a considerable extent, and they appear to succeed very well. 1857. Chairman.] You said that you had received accounts from the colony yesterday, with reference to the harvest ; can you give any recent information as to the rate of wages and the prices of provisions ?— Not at that date ; the last report of the price-current is up to September the 11th. I will mention a few articles of most essential consumption. In the first place there is arrowroot, 1 s. 6 d. to 2 s. a pound ; fresh beef, 9 d. ; veal, 1 s. ; mutton, 7 d. ; salt beef, 6 1. per tierce,— It has been as high as 10 guineas ; fresh butter, 2 s. per pound, was formerly at 4 5. A considerable quantity of butter is now supplied by the colo- nists themselves, which has reduced the price ; salt butter, at i 5. 3 d. to 1 s. 6 d. per lb.; flour, per ton, 42 I. to 45^-,— it had been as high as 80 ?. ; loose hay, al. to 10 /. per ton ; some of the grass lands of the colony are let at lo ^. per acre for one season's produce of hay ; I believe they produced as much as 3 /. per acre, which is a very large amount ; raisins, per pound, gd. tois.; rice, 16 s.to 18 J. per cwt bemg about the price in England; Mauritius sugar, 28/. to 30/. per ton,— about 3 ^. a pound ; sugar of East India production, 30 I. to 40 /. per ton ; China tea, black, 1 2 /. per chest, retailed at 3 «. to 4 *• a pound ; hyson tea, lO guineas to 1 1 guineas per chest. These are the principal articles ; generally there has been a considerable fall in the price of provisions. 1858. l^oxA^Mahon.] Has the fall you mention been in all the articles of pro- visions, or only in some?~In every article of provisions, without exception : and 1 may state that vegetables have been most abundantly supplied ; fish also. The company SELECT COMMITTEE ON SOUTH AUSTRALIA. 167 company sent out fishing establishments the first year of the colony, and Adelaide G. F. Angus, Esq. is now daily and abundantly supplied with good fish. ■ 1859. Mr. Gladstone.] Are any of those articles subject to import duties? — I 18 March 1841. think not ; spirits are subject to import duties. 1 860. Chairman.] Has there been a correspondent reduction in the rate of wages ? — Not any. I conceive the rate of wages must be reduced when the governor discharges the men he is now employing on public works. 1861. Because there will be a supply thrown upon the market? — Yes; the rate of wages will admit of reduction, in consequence of the reduced price of pro- visions. 1862. Then do you believe that the rate of wages would have been reduced by this time, if emigration had continued ? — No, I do not apprehend that ;• I think it would rather have increased. 1863. You were understood to say, that the 200 men now employed upon the government works being thrown upon the market will, in your opinion, occasion a considerable reduction in the rate of wages ? — I think so. 1 864. Do not you think the same effect would have been produced by two or three ships arriving with several hundreds of emigrants ? — I have already explained that by stating, that there would in that case be an increased demand for pro- visions and labour to provide for the accommodation of those emigrants. 1 865. You said that in one of the four years since the existence of the colony there had been a very severe drought, when was that ? — That was in May 1 839. 1 866. Is not it reasonable to expect that the colony will be subject to those droughts which are frequent in New South Wales? — No. I have some important information in relation to that fact, The rate of provisions in South Australia at that time was exceedingly high in consequence of having to import from the other colonies ; but the drought was very little felt in South Austraha. I have a letter from the geologist, Mr. Menge, who, in May 1839, explored the Barossa Range, and he states that there was a most abundant supply of water at that time, and the pastures very green ; the flocks which were afterwards turned out upon it had improved during the interval of six months, and the pastures had improved also, notwithstanding the sheep were feeding upon them. 1867. Then you meant to attribute the high price of provisions at that time to the drought in the neighbouring colonies from which they imported their provi- sions, not to the effect of drought in the colony itself? — Yes, It is a remarkable circumstance that grain in Sydney has always been higher than in South Australia. Flour would not have been so dear, but for the disapproval of the colonists of the importation of provisions by the South Australian Company ; the Germans were living upon food at about one-third the price paid by the other colonists, in con- sequence of having imported their own food from Hamburgh. The company would have continued their exportations of provisions to the colony had it not been for the opposition of the colonists against their trading ; and in consequence the price of provisions rose amazingly h igh when the drought occurred in the neighbouring colonies. 1868. You spoke of a tract of land between the Gulf and the Murray, which Colonel Gawler thought was capable of receiving about 100,000 inhabitants; is that land actually sold ? — A portion of it is sold ; those parts marked in red in the map are all sold. 1869. Lord Homcki] All the water frontage appears to be sold ? — They would naturally select the water frontage in the first instance. 1870. Chairman^ What is the tract of country which Colonel Gawler thinks is capable of holding 100,000 inhabitants? — I think about 40 or 50 miles in extent; the river Murray was navigated by Captain Sturt in boats, from the top to the bottom. 1871. Can you state what proportion of that country has actually been sold ? — I cannot, exactly. 1872. Do you think that the best land has been disposed of? — No; a large portion of the good land has been sold, but I am informed that much excellent land remains for sale ; as a proof of that, a friend of mine received, from August to October last, 7,000 /. from Sydney to invest in the purchase of land, and he preferred purchasing small blocks of 80 acres on sale. 1873. What is the general nature of the accounts you received yesterday from the colony c — Very favourable indeed- 0.21. Y4 1874. Have i68 MINUTES OF EVIDENCE TAKEN BEFORE THE G. F. Angas, Esq. 1874. Have you any specific information from the colony of that date, beyond ' what you have ah-eady given to the Committee, with reference to the harvest, and 18 March 1841. the pursuits of the people there ? — Nothing in addition, 1 875. How were those Germans sent out ; were they sent out at the expense of the Emigration Fund ? — The Germans were proposed to be sent out in the first instance by the South Australian Company. The South Australian Company engaged to employ them for three years at a certain rate of wages, and to advance money for their passage out. They had embarked in vessels in Silesia to proceed to Hamburgh for the purpose of fulfilling their engagement, but the King of Prussia thought proper to stop them, and required them to disembark. Two years elapsed after that before they received their final permission to depart. After they had obtained their passports I had intelligence of their arrival at Hamburgh, and applied to the South Australian Company to fulfil their engage- ment with them. The company very naturally replied that' they had in the interim engaged other labourers, and consequently were under no obligation to carry out the previous arrangements ; that being so, the responsibility fell entirely upon myself individually. I had stated to Pastor Kavel, their minister, that they should not perish for want of assistance, and therefore I was under the necessity of advancing the means. 1876. They were not sent out at the expense of the Emigration Fund ? — Not at all ; nor yet by the com_pany. I have been happy to receive very gratifying reports from Colonel Gawler respecting them, and from other settlers. 1877. You stated that you had corresponded with Colonel Gawler upon the moral condition of the colony ; what is the general account which he gives of the colony in that respect? — He says that "the religious and moral condition of the colony is good ; for a new colony, very good. The only serious evil in it is in our convict refugees from the neighbouring colonies." 1878. Does he state the number of convict refugees ? — He does not; but he states in another part of the letter, that it would require a police force of 1 ,000 men to keep them entirely out; that he felt it more advisable to suffer them to come in, and to avail himself of any immoral action which they might commit, in order to have them expatriated- He says, " Your Germans behave very well ; they are religious, moral, loyal, and industrious. I should be delighted to see 100,000 of such between the Gulfs and the Murray. Pastor Kavel is an upright, excellent, and amiable man." They were all brought up to arms, and have formed a sort of cordon in the outer parts of the colony ; I believe they may be made instrumental in preventing the ingress of the convicts. 1879. Mr. Gladstone.} From what part of Germany did they come? — They came from Silesia. There are 600 of them. 1880. Have they repaid any portion of the expense of their passage out.''^ I have found it necessary to advance considerable sums of money to establish them in their locations, in addition to the passage-money ; for of course when they emigrated they could not be deserted, and the governor could do nothing for them. I advised them first of all to throw their labour upon the labour-market when they arrived in the colony; but the settlers, not understanding their language, did not like to employ them, and therefore I was forced to establish them myself They are doing remarkably well, and are accumulating property. Captain Grey told me that he had visited their locations ; that they were an admirable body of people, and were prospering greatly. 1881. Were they free to make their own engagements?— Entirely. 1882. Mr.Wood.] Are they bound to repay you your advances on their behalf? —Ihere is an obligation on their part to do it, when they are able ; and I have no doubt they will do it, and pay interest. I offered to lend them the money at 5I per cent, mterest, and I have no doubt they will pay every shilling of it. iSS^ Chairman.'] How many of their ministers went with them?— There was one chief minister went with them ; but there are four others who have gone out as missionaries to the aborigines, and have settled there with the view of bringing themselves immediately in contact with the aborigines, and promoting their civiliza- tion, as well as christianization. I have some interesting information from those missionaries, which I should be happy to lay before the Committee. 1884. Is there anything further that you wish to state to the Committee?— 1 beg to state, in reference to the capabilities of the province, and the want of capital, that Colonel Gawler says, " The. capabilities of the province, I assure you, in full sincerity, are immense, but capital must come to bring them into effect," I beg SELECT COMMITTEE ON SOUTH AUSTRALIA. 169 I beg leave also to read a passage in a letter I have received from the manager of the g. F. Angas, Esq. company with respect to the amount of shares held by the South Australian Com- — pany's directors. I think it important to state that, because some impressions are 18 March 184.1. said to exist out of doors of the speculative character of the directors : " Out of the 93 proprietors of which the company was originally composed, and who held its first 8,000 shares (in 4,000 of 50 1, each), about 50 yet remain," which shows that a large transition has not taken place. " Their first amount of shares was about 1 ,700 ; their present interest is about 7,120 shares." The Board of Directors, 1 in number, held in the first instance, when the company was formed, 3,848 shares. Those gentlemen have purchased from private parties, or taken from additional issues, 2,327, making 6,175; sold or transferred to other names, 1,429, leaving at present 4,746 shares in the hands of the directors, consequently they hold nearly one-fourth of the whole capital of the company. I may be permitted further to state, that those gentlemen were selected for their practical knowledge of business, for their high respectability and sound judgment; they have bestowed great labour and attention in conducting the affairs of the company, not merely with respect to the interests of the shareholders, but in the advancement of the pros- perity of the colony. I would also state, that the proprietors have received a divi- dend of four per cent, per annum up to .June 1840. For the last year they have received six per cent. 1885. Mr. IVood.^ Upon net bon4 fide profits? — ^Upon net bon4 fide profits. With the permission of the Committee, I should be happy to put in a report of the school society at Adelaide, and to read the second and third heads of the plan, stating the principle upon which the schools have been established. [The same were read, as follows :^ II. The sole object of this society shall be to establish and conduct infant British and labour schools in the colony of South Australia, and to render their influence subservient to the advancement of true religion, the promotion of civilization, and the general welfare of the inhabitants of that colony. III. These objects the society shall endeavour to attain by the following means : 1st. To commence with infant schools on the English plan for children, until they reach the age of eight years. 2d. Schools on the British system, combining with it a small unoppressive portion of bodily labour until they reach the age of 1 2 years. 3d. Schools on Dr. Fellenberg's plan for instructing the youth in agricultural and other trades, combined with the higher branches of education, until they reach 16 years of age. 4th. The adoption of a plan for introducing the youth after 16 years of age into suitable employments in the colony, as regularly indentured apprentices for five years ; with a scheme forpubhcly rewarding their industry and good conduct. The whole of the schools to be conducted on the soundest principles of moral and religious, education. .1886. Lord Eliot.'] Are you able to give the Committee any information as to the actual condition and prospects of the aborigines ? — I shall be very happy to do so at a future day. It is a very important and difficult question. I have some information upon it, and shall furnish the Committee with the best opinion I can form upon the subject. Colonel Torrens, further Examined ; and Mr. John Gliddon, called in ; and Examined. 1887. Chairman, to Colonel Torrens.'] WHAT was the name of the gentleman colonel Torrens who acted as secretary to the late commission at the time when your letter to and Lord John Russell of the 9th of December 1839 ^^s written? — Mr. John TAr. John Gliddon, Gliddon, the gentleman who is now present ; and I beg to state to the Committee that several members of the Board having frequently, from the first, when the question was mooted by Lord Glenelg, been desirous of having some remu- neration, when the colony became so flourishing towards the latter end of 1839 they renewed their desire for this, and I was requested to make some ^ inquiry as to the best mode of proceeding with the Colonial Office. After some inquiry, I, at a Board held upon the 29th of November, stated that from what I could learn I believed the better way would be for them not to make a direct official application for remuneration, but rather to ask for an interview with Lord John Russell, and to state verbally to him what their wishes were. After 1 made this statement upon the 29th of November, the 0.21. z " Board 170 MINUTES OF EVIDENCE TAKEN BEFORE THE Colonel Torrens Board came to a resolution, directing that a communication should be made to the T\T r 7^"*^, » ; Colonial Office, requesting: that Lord John Russell would favour them with an inter- Mr. Jo/iK Qhddon. • ^.^. ■ 7 j.\. ■ • • j.- r ^i. ■ ■ \^ u , View, with a view to then' receiving remuneration for their services. . At a subsequent i8 March 1841. Meeting on that day week, the 6th of December, the minutes of the former Board were read and confirmed, and a resolution again directing the communication to be made to the Colonial Office was adopted, and I wrote the letter accordingly. On the 3d of January Lord John Russell's answer was communicated to the Board, and by the direction of the Board a special Board was. called for that day week, for the purpose of considering whether any and what answer should be given to Lord John Russell's communication. On the 8th of January accordingly this special Board was held, and at this special Board there attended the whole nine members, with the exception of Mr. Hutt, who was then in the country* Mr. Mackinnon, Mr. Mills, and Mr. Palmer were present, with all the others. At a previous Board of the 3d of January, Mr. Montefiore, with the concurrence of the other members of the commission, had undertaken to prepare an answer to Lord John Russell, and on the 8th a draft of a letter was read by Mr. Monte- fiore. It was read paragraph by paragraph, corrected paragraph by paragraph, and, with the alterations, it was adopted. This letter expressly recognizes my former letter of the gth of December as the letter of the commissioners ; and the secretary, who has had the charge of these books from that time to the present, has the books now here to produce before the Committee, to corroborate all that I have said. 1888. Was that letter sent to Lord John Russell? — That letter was sent to Lord John Russell ; the draft of the letter in Mr. Montefiore's handwriting is here ; a copy of the letter taken from that draft is in that book, so that the two may be compared together, 1889. (To Mr. Gliddon.) Will you read the minute of the 29th of November? — " November the 29th. The chairman having stated the result of an inquiry he had made at the Colonial Office, with reference to the subject of the renewal of the application made in the year 1837, for remuneration to the commissioners ; . Resolved, That copies of the letter to Sir George Grey, dated 2ist February 1837' :and of his reply, dated 28th February 1837, be forwarded to Lord John Russelh with a request for an interview upon the subject therein referred to." 1890. Who are stated to be present upon that occasion ?— At this Board. Colonel Torrens in the chair, Mr. Barnard, Mr. Mills, Mr. Montefiore. Mr Palmer, Mr. Pennington, and Mr. Roberts. 1891. Captain ^'Cowrf. I Were those minutes read to those gentlemen ?— The minutes were read at the following Board, the 6th of December, and signed. 1892 C«««-m«] Who were present at that Board ?-Colonei Torrens in the chair Mr Barnard, Mr. Mills, Mr Montefiore, Mr. Palmer, Mr. Pennington, and Mr. Roberts The mmute on the 6th of December is this : " The question of the renevval of the application for remunerating the commissioners was a^ain discussed, and the decision coiiie to at the last Board (1124 minuted was con- aZ,; fsTf h ' I ''f\'ft^\ that a copy of Mr. Stephen's letter of the 23d Fehmt^ 1%. .h '"i'^ ^'\ '^' '°P^ "^^"- ^^«^g« Grey's letter of the 28th Febiuaiy 1837, therein directed to be transmitted." On January the qd there were present^ Co onel Torrens in the chair, Mr. Barnard, Mr MUls Mi Mont ?Lo:dfohn'^""T"' '"' ^'-^ ^°'"-^^- The minutei:-th!s: ''J^No. 6 9 (Loid John Russell) communicating the intention of the Government to supersede the present commission, and to establish a rnlnni.l To^^ "vcumieiu to superseue nrmHpahlo t« oil *u^ Tj '.• u 1 . '^"."^" ^ l^olonial Land and Emigration Board, applicable to all the British colonies, into which the duties aoDertainina to the nre- sent commission w 11 be merged RefrrrpH tr. « .vT.^- r appertaining to the pie- WednpsHiv TiPvt =1- ol 'T ; ^^*^"^^?, *° ^ ^V^cibX Board to be appointed for be sent hereto » '^T.n ." t^^' /' '^'•^''' ^"^^'^^^ ^"y ^"^ what reply should Presen Colonel TorZ •^' t ^\' ' '^^^^ ^"^'"^ held this day, at one o'clock;. Mr Montefio e M P /" ^u/^"^'"' ^^'- ^"^"^'"^' ^'- Mills, Mr. Mackinnon. refe;red rfhis Botd IT\ u^''" .^^""^"gton, and Mr. Roberts. The question be sent to Lo d ^ohn ^' J'^ ™™"'^ f '" ^^^'her any and what reply should b^Vn In'sidSed ^^^ ^i:tlTnLt..T ?"^'">' ^ ^^.^^ ^^69),' having pursued having been read a dr^V^ f ^' '^^7^^'" ^^^1"^°" °^ ^^" """'"^'^ ^^ ^' prepa?fd fy M°^o„fr '°"/''f *f "''?'= '^"='- ""^ '-T'"^ i' *= toft. »» 1894. Was SELECT (COMMITTEE ON SOUTH AUSTRALIA. 1894* Was this the letter that was sent? — No; that is the draft submitted to the Board. 1 895-6. Was any letter ever sent ? — Yes. (Colonel Torrens.) I wish to call the attention of the Committee to one part of the draft ; it contains these words, " our letter," referring' to my letter of the 9th. 1897. Chairman.'] You mean that it contains a recognition, on the part of the writer of the letter, that the letter of the gth of November was written by and with the concurrence of the Board? — Yes, Mr. Montefibre called it " our letter:" 1898. Mr. Hope, to Mr. Gliddon.'] What is the course of proceeding at the Board ; were the minutes written in draft during the meeting of Board ? — The draft was made and was copied fair before it was submitted to the Board, and the fair minutes submitted to the Board and read against the draft at the next meet- ing, and then signed by the chairman, by order of the Board. (Colonel Torrens.) At every Board the first thing done was to read the minutes of the preceding Board and to confirm them. 1899. Chairman.] Have you got the final letter sent by the commissioners to Lord John Russell ? — f have. 1 900. Will you deliver in a copy of it ? — [The Witness delivered in the same, which is as follows :] — South Australian Colonization Office, My Lord, Adelphi Terrace, 8 January 1840. The Colonization Commissioners for South Australia beg to acknowledge the receipt of your Lordship's communication of the 23d ultimo, wherein they are informed of the inten- tion of Her Majesty's Government to revoke the commission under which they are now acting, and to renew it in favour of three members of a Colonial Land and Emigration Board, in whom will be united the duties hitherto performed by the Colonization Commissioners. On these grounds your Lordship declines the interview requested in the chairman's letter of the gth ultimo, and you are pleased to observe that it would be unnecessary to express any opinion as to the expediency of maintaining a body of nine salaried Commissioners for the management of emigration to the single colony of South Australia. With reference to this observation, the Commissioners beg to call to your Lordship's notice the letter addressed to them by Lord Glenelg of the 23d August 1837, wherein his Lordship, after admitting the principle of remuneration to the chairman to the extent of 600^. per annum, desired their consideration as to what remuneration should be extended to the other members of the Board, in order to secure the constant attendance of such a quorum of the other members as would prevent the whole authority of the commission from falling into the hands of the chairman. After a gratuitous performance of laborious and responsible duties for five years, and having by their credit and position been mainly instrumental in founding the colony of South Australia, and bringing it to a state of prosperity unexampled in the annals of colo- nization, the Commissioners considered themselves fully justified in seeking an interview with your Lordship, in reference more particularly to the correspondence which had passed with Lord Glenelg, and which had for its object the welfare of the colony entrusted to their charge. It would be irrelevant in this place to offer any comment on the Colonial Land and Emigration Board ; but the Commissioners would request your Lordship's most particu- lar attention to the peculiar state of South Australia, (a country of greater extent than the United Kingdom), to the principles upon which it is founded, and to the necessity of care- fully carrying out those principles, not only for the sake of South Australia, but as a prac- tice to be adopted, and an example to be followed with other colonies, which are now, or which may be hereafter established. The motives which influence this communication are the same as those which have guided and governed the proceedings of this Board for the past five years, and which have been attended with beneficial results surpassing the most sanguine expectations. Colonel Torrens and Mr. John Gliddort. By order of the Board, 18 March 1841. To the Right Honourable Lord John Russell, &c. 8cc. &c. John Gliddou, Acting Secretary. Colonel Torrens.] With the permission of the Committee, I will put in two forms of account which, if the Committee will direct the accountant of the com- mission to fill up, will completely show whether or not a loan raised in June 1840 would have saved the colony from this crisis. (The Witness delivered in the same.) I also v/ish to state, that in the evidence of Mr. Elliot, it is stated that I wished to go to the market for a loan in June, and they, on the contrary, thought it necessary to represent their condition to the Government. The obvious meaning of that answer is, that I desired to conceal from the Government the 0.21. z 2 financial 172 MINUTES OF EVIDENCE TAKEN BEFORE THE Colonel Tenens and Mr. John Gliddon, 18 March 1841. Vide Appendix, (Paper, No, 14), pp. 220-224. Vide Appendix, p. 225. Vide Appendix, p. 226. financial state of the colony. I distinctly state to the Committee that I was as anxious as either of my colleagues to give a full and entire exposition of the whole financial condition of the colony to the Government. But I said this : The Government can do no more than tell us to raise a loan. Do not wait while we are making up these long accounts, and agreeing upon this representation, and waitino- still further to get the decision of the Chancellor of the Exchequer upon it ; but let us go to market while the market is in a sound state, and the colony in good credit, and raise this loan, without which we shall be bankrupts. I urged that as strongly as I possibly could, particularly upon one of my colleagues. I said this : " We are incurring great danger; the money market is now safe here; if a crisis comes in the money market, or if misfortune happens in the colony, we shall be unable to get a loan ; therefore by waiting we are running two risks, when the result of our waiting can only be the answer of the Chancellor of the Exchequer— Obey the Act of Parliament. Either of the contingencies which I apprehended would have prevented the loan, and would have rendered the colony insolvent. Both these contingencies happened. The money market became embarrassed, and unfavourable accounts came from the colony. But it wiU be unnecessary to go further into that question, because if the Committee will direct the accountant of the commission to make out the forms which I have now presented to the Committee, the whole thing will be illustrated by figures, and it will not be necessary to cross-examine any of the commissioners as to what the result would have been. It was stated by Mr. Elliot, in answer to question 615, that he did not remember that in the early part of the year any member of the Board had proposed that any measures should be taken to raise a loan. In the first place, I wish to put in a paper from a member of the late Board, Mr, Pennington, which was submitted to the Colonial Office, and was by the direCf tion of Lord John Russell forwarded to the new Board for their consideration. Mr. Pennington is known to be a most able man upon financial matters, and this is a minute upon the finances of the colony, showing why a loan was immediately necessary, and recommending it. (The Witness delivered in the same.) Another Paper, which I beg to put in, is a correspondence between myself and Mr. Fresh- field in February, March, and May. 1901. Is that correspondence entered upon the Minutes of the Board, or do you produce that as private correspondence which took place between yourself in- dividually and Mr. Freshfield 1 — I present it as correspondence which took place between myself and Mr. Freshfield. It was submitted to the Board, and was made correspondence of the Board ; it was under the consideration of the Board, and adopted as correspondence of the Board. This is a copy of the correspond- ence between myself and Mr. Freshfield, and the bond prepared by Mr. Fresh- field to carry my plan into execution, and a copy of that part of Mr. Freshfield's professional bill which relates to the transaction. [The Witness delivered in the same.] 1902. Is there anything else that you wish to state to the Committee? — I wish to put in a paper, No. 5, from Colonel Gawler's despatches ; it is a paper to elu- cidate the nature of the soil of the north-west part of the colony. 1903. What is the nature of this paper?— It is a copy of parts of despatches and official papers addressed to us by Colonel Gawler. [The Witness delivered in the same.'] 1904. Mr. Hope.'] You were understood to state that the drafts of the letter of the 8th of January was written by Mr. Montefiore, containing these words: " On these grounds your Lordship declines the interview which our letter of the 9th ultimo sought"? — ^Yes, _ 1905, It appears that the words " which our" are struck out, and over them IS written « requested m the chairman's ;" so that the words in the letter as sent in are: " On these grounds your Lordship declines the interview requested m the chairman s letter of the 9th ultimo "?— Yes, I stated that that correction was made. 1906. At whose suggestion was the alteration made ?— I do not remember ; 1 suppose It was to verify the fact that the letter was signed by the chairman. All etters that went from the Board signed by the chairman were designated as the letters or the chairman. ° 1907. Was SELECT COMMITTEE ON SOUTH AUSTRALIA. 173 1907. Was there any particular discussion upon the subject of that alteration, or was it done as a matter of course r — It was done as a matter of course. iqo8. In whose handwriting is that alteration? — (Mr. Gliddon.) It is in my haiidwriting. 1909. (To Colonel Torrens.) As far as you remember, was there any discussion upon the subject of the alteration at the time it was made? — Not that I re- member. 1910. You do not recollect any special reason being given why the alteration ■should be made? — No, except the very obvious reason that it ought to have been made, because, as the letter was written by the chairman, it should be described as the chairman's letter. - 1911. Do you recollect that any such reason was given in fact at the time? — I do not. I suppose that any person who was correcting the letter and making it a proper letter, would make that alteration. 1 91 2. You do not recollect any discussion upon the subject, or any reason being given ? — No. 191 3. (To Mr. Gliddon^ Are the Committee to understand that the words making the alteration in the draft of the letter are in your handwriting ? — They are. 1914. By whose direction did you make that alteration ?-^I cannot recollect that it was by the direction of any particular member ; it was by the direction of the Board ; my recollection is rather that it was for the purpose of making the whole letter, as it was to be signed by myself as acting secretary, agree. It was originally written to be signed by the chairman ; and in other places there are alterations made, merely changing the person. 1915. Your impression is that it was done by yourself, without any direction from any one ? — That it was done at the Board, to make the letter read properly. As I had instructions that I was to sign it, I was obliged to make that alteration. 1916. In short there was no discussion upon the subject? — I have no recollec- tion of any. The letter was discussed clause by clause, and passed. 1917. Lord Mahon, to Colonel Torrens.l The letters you have delivered in from Mr. Freshfield appear to be private letters ; are you aware whether Mr. Freshfield would have any objection to the production of those letters ? — I cannot apprehend that he would have the least objection. 1918. Have you communicated with him upon the subject ? — I have not ; they were presented to the Board, and under discussion at the Board ; they were stamped with the Board's seal and made official papers, as in public offices many letters that have the form of private letters are converted into public documents, and acted upon as such. 1919. The correspondence you now produce is, in fact, a copy from the official records of your office ? — Yes. 1920. Made by the officer usually employed to copy letters and proceedings for Parliament ? — Yes, made by one of the clerks. 1921. Under the direction of the commissioners ? — Under the direction of my- self. A copy was taken for me, and a copy was taken for Mr. Elliot. Colonel Torrent and Mr. John Gliddon. 18 March 1841. The Honourable Edward Villiers, called in ; and Examined. 1922. Chairman^] ARE you one of the present Board of Colonization Com- missioners of South Australia ? — I am. 1923. Have you seen the evidence which has been given by your colleagues. Colonel Torrens and Mr. Elliot, before this Committee? — I have, a great part of it ; I have not seen the latter evidence given by Mr. Elliot. 1924. Are there any points to which you wish particularly to advert, as con- niected with that evidence?— The only point to which I should advert, which I believe has been much questioned here, is the expediency of raising a loan earlier in the year. I should only wish to state, that I conceive that we should have rather violated the Act than have conformed to it, if we had raised it earlier. We had a considerable sum of money in our hands, in addition to that which was required for carrying on emigration to the colony. 1925. Will you refer to Mr. Elliot's answer to question 615, in which he states that he has no distinct recollection that the proposition to raise a loan was brought formally under the consideration of the Board in the early part of last year ? — I can answer, having had time for recollection, that no distinct proposition was made early in the year ; that about the month of March we all discussed the sub- 0.21. z 3 ject. The Hon, Edward Villiers, 174 MINUTES OF EVIDENCE TAKEN BEFORE THE Th(! Hon. Edward VUliers. 18 March 1841. ject, and were all convinced that, in the course of the year, it would be necessary to raise a loan. 1926. Colonel Torrens has handed in a minute from Mr. Pennington, one of the late Colonization Commissioners, which appears to have been transmitted to your Board on the 15th of February, by the Under Secretary of State for the Colonial Department ; was that made a subject of discussion at your Board at that time ? I do not recollect that it was made a subject of discussion ; it was for- warded to us. 1927. Was there a distinct proposition, founded upon that minute, by any mem- ber of your Board? — No, I feel confident that there was not. ] 928. Is there any other point in the evidence which you have read, upon which you wish to offer any additional evidence to the Committee ? — I am not aware that I can throw any further light than has been thrown by Mr. Elliot upon the subject ; I gave every subject, as it was my duty to do, my best considera- tion as it arose in the course of the past year, and I fully concurred in all the steps which we took together. Of course, therefore, I should adhere to the evidence given by Mr. Elliot, which defends that course, and not to that of Colonel Torrens, which impugns it. I believe it was desired that we should furnish a return which Colonel Gawler, as to the nature of the customs' duties raised , those returns ; they are returns not compiled in our office, but Colonel Gawler. 1929. You bring them on the part of the commissioners? — Yes; they foroi part of Colonel Gawler's papers. I am sorry to observe that they do not exactly state what was wanted, that is, the rate of duty, they only give the amount. 1930. Does that paper give the most perfect information which the commis- sioners can furnish upon that subject ? — It does ; in the South Australian Alma- nack we have found the rate of duties. 1931. Is that a document of any authority ?■:— It professes to give an abstract of the Act, and I should think therefore it is correct ; it is published in the colony. 1932. Can you, from the authority of that document, give the Committee.any information as to the rate of duties ? — 1 can ; it is put in the form of a table, and the rates are contrasted with the rates in New South Wales. 1933. Is the South Australian Almanack, from which that is extracted, pub- lished annually in the colony ? — I believe the last year is the first, but it is ia- tended to be continued. The returns of the duties in New South Wales are taken from the Blue-book. 1934. Will you have the goodness to deliver in those papers?— {The same were delivered in, and are as follow :] A RETURN of the Amount of Revenue raised from the Customs and Wharfage Dues, during the Period from 1 January to 30 June 1839. has come from I have brought returns sent by Duties - - from 1st to 31st January Wharfage - - - - ditto - - _ Lighterage - - - - ditto - _ _ Reporting and clearing ships, ditto Duties - - - from 1st to 28th February Wharfage ditto - Lighterage - _ _ - . ditto Reporting and clearing ships, ditto Duties - - - - from 1st to 31st March Wharfage ditto - Lighterage ----- ditto - Reporting and clearing ships, ditto Duties - . - - from 1st to 30th April - Wharfage ditto - Lighterage - - - - ditto - Reporting and clearing ships, ditto - Duties received at the bonded store, Adelaide £. s. d. 681 3 — 91 19 - 16 lO - 31 10 - 848 1 6 «7 16 9 35 5 - 28 — - 898 18 2 37 4 6 15 15 - 37 — — 1,160 7 _ 57 2 9 3 15 — 40 - - 287 19 10 £. s. d. 821 2 - 979 3 3. 988 17 8 1.549 4 7 SELECT COMMITTEE ON SOUTH. AUSTRALIA. 175 Duties - - - - from 1st to 31 st May - Wharfage ------ ditto Lighterage ----- ditto Reporting and clearing ships, ditto Duties received at the bonded store, Adelaide Duties - - - from 1st to 30th June Wharfage ------ ditto Lighterage ----- ditto Reporting and clearing ships, ditto Duties received at the bonded store, Adelaide £. s. d. 1,173 - - 23 15 5 4 10 - 22 - ~ 175 10 9 832 19 9 77 11 9 15 - - 28 - - 275 11 6 Total - s. d. 1,398 16 2 1,229 3 - 6,966 6 8 (signed) Thomas Lipson, Collector. A RETURN of the Amount of Revenue raised from the Customs and Wharfage Dues, from 1 July to 31 December 1839. Duties - - from 1st to 31st July Wharfage - - - - ditto Lighterage - - - - ditto Reporting and clearing ditto Duties from bonded store, Adelaide Duties - - from 1st to 31st August Wharfage - - - - ditto Lighterage - - - - ditto Reporting and clearing ditto Duties from bonded store, Adelaide - Duties - - from 1st to 30th September Wharfage - - - - ditto Lighterage - - - - ditto Reporting and clearing ditto Duties from bonded store, Adelaide Duties - - from 1st to 31st October Wharfage - - - - ditto Lighterage - - - - ditto Reporting and clearing ditto Duties from bonded store, Adelaide - Duties - - from 1st to 30th November Wharfage - - - - ditto Lighterage - - - - ditto Reporting and clearing ditto Duties from bonded store, Adelaide Duties - - from 1st to 31st December Wharfage - - - - ditto Lighterage - - - - ditto Reporting and clearing ditto Duties from bonded store, Adelaide - £. s. d. £. s. d. 1,092 17 221 '8 9 6 22 10 28 - — 303 - 9 1,667 17 1,171 15 329 2 28 10 7 29 - 203 11 3 1,761 i8 1,054 11 299 9 - 15 27 - 178 7 9 9 7 1,560 4 1,710 17 211 1 1 11 5 i6 - 48 4 8 1,997 7 9 1,304 3 175 8 4 3 29 - _ 237 13 - 1,746 4 7 1,651 12 136 13 6 15 12 - 8 1 1 90 - - 1.897 - £. 9 10,630 13 - The Hon. Edward Villiers. l8 March 1841. (signed) Thomas Lipson, Collector. 0.21. z 4 COMPAKATIVE 176 MINUTES OF EVIDENCE TAKEN BEFORE THE The Hon. Edmard Villiers, j8 March 1841. CoMPAEATivE STATEMENT of the Rates of Impqrt and other Duties in Nev) South Wales and South Australia, taken from the South Australian Almanack, and from the Blue Book for New South Wales. Article. Spirits made in the colony from grain - Spirits made in the colony from any ar- ticle, except grain, not being the pro- duce of the colony - - - - All other spirits made in the colony Imported spirits - - - - - All other imported spirits Tobacco imported Foreign goods imported Foreign wine imported - Rate in New South Wales. £. s. d. — 3 - per gallon. - 4 6 - 10 2 ditto, ditto. Direct from Great Britain, the produce of the United King- dom, the West Indies, or the North Ame- rican colonies, - 7 9 per gallon. - 10 2 - ditto - Manufactured, and snuff, - 2 - per pound. Unmanufactured, - 1 6 - ditto. 5 per cent. Rate in South Australia. £. s. d. - 4 - per gallon. The produce«of Great Britain, or any of the colonies, - 8 - per gallon. - 12 — ditto. Manufactured, - 1 6 per pound. All other, except to- bacco stalks, - I - per pound. Cigars, - 5 - ditto. 1 5 per cent. 1935. Have you anything else to state lo the Committee? — I believe that some doubt has arisen, and might very properly arise, as to applying the debt to the Emi- gration Fund to future emigration ; I mean the sum of 56,000 /., which has been mentioned as due to the Emigration Fund, and still unappropriated. I think it rig ht to mention to the Committee that there is a class of claimants upon this fund whose claims perhaps have not been considered. By the land regulations of the colony the privilege is given to land purchasers of nominating a number of labourers for free passages in proportion to the sums of their -purchase-money. The time within which they may exercise that privilege is -generally about 1 8 months ; and during the past year some purchases have been made, which were made entirely with the understatndiiig that the privilege was to be given to the purchaser of nominating emigrants. One individual whom I saw frequently while he was preparinof-to make his purchase, assured me that he had no interest whatever in the colony ; that he was about to effect a very large purchase solely for the purpose of providing for the labourers upon his estate ; thalt was a Member of the House of Commons, who bought last year 4,000 acres of land, and he called the other day and seemed fully to expect that the privilege would be given to him. Of course I cannot anticipate what the decision of the Committee may be upon the subject, but I thouiTht it right to mention it. 1936. Do you mean that hb made that purchase upon the faith that the supply of emigration to the colony iwould not be discontinued? — ^Thathe should have a right of nominating emigrants for a free passage. 1937. And which right he cannot have, unless the Emigration Fund is reple- nished ? — No ; a portion of that 56,000 /. is the money which he paid ; there are other parties under the same circumstances; but that is a case which passed under ray own notice particularly, and therefore I mentioned it. 1938. Mr. Hope.] What was the date of the purchase you allude to ? It was made in the middle of the summer ; it was completed in July. 19.39. The M.P. SELECT COMMITTEE ON SOUTH AUSTRALIA: 177 iqgg. The object was provision for the labourers, and not the purchase of the The Hon. land ?— Entirely; he told me he had no interest whatever in the colony. The Edward Vilhe rs. whole extent of claims which we should have upon us if we were carrying on emi- g March 1841. gration now, and the land purchasers exercised their privilege, would amount to 24,634 /., less than half of the 56,000 /. 1940. Lord Eliot.] Is not this cessation of the supply of emigrants in fact a breach of faith to the parties who have bought land upon that understanding ?— I think so, certainly. With respect, however, to the general question of the breach of faith, I think the parties settled in the colony would only look to what is most for the advantage of the colony upon the whole. I consider the case of those who have a right to nominate emigrants to be a special one. 1941. Captain A'Court^ The emigrants had a right to suppose that the whole produce of the land sales would be applied to emigration 'i — Yes, subject to the condition imposed in the Act of Parliament of the Land Fund being collateral security for the payment of the revenue debt. John Rundle, Esq. a Member of the House, Examined. 1942. Chairman.'] ARE you connected with the South Australian Company ? John Rundle, Es<{. —Yes. 1943. Have you been for a considerable period ? — From the commencement. 1944. Have you heard the evidence given by Mr. Angas as a director of the company ? — I have. 1945. Do you generally concur in the statements he has made ? — Yes. 1946. Is there any point upon which you wish to add any information ? — There are two or three points which I think have not been mentioned. With respect to the town acres, we hold 162 town acres in Adelaide, of which 102 were original purchases. The whole of the original purchases were about 440, and the remainder, making in all 1,000, were sold by auction in the colony, at prices averaging six guineas an acre, which of course the colony had the benefit of. I think there has an unfavourable impression gone abroad with respect to the port that we have laid out a good deal of money upon. We have intelligence that there is a depth of water for vessels of 500 tons at low water. 1 947. Is that the new port or the old port ? — That is the new port, to which we have made a road ; it is about two miles lower down than the old. We have sent out altogether from 30 to 35 farmers, to whom we have let land, giving them the right of purchase within a certain period, at a price fixed before they took possession. The rents originally were, 1 s. 6d. for the first seven years, 2 .y. 6 there is no fixed specific sum for the capital of any particular branch; our whole capital amounts to 600,000 ?., all of which is employed in the colony. 2005. When you say in those colonies, you mean in Austraha and VanDiemen's Land? — Yes- 2006. Will you state the number of branches you have in those two countries, and where they are situated ? — The principal branch is at Sydney; there is one at Maitland; there is one at Bathurst; there is one at Melbourne, Port Phillip, and one at Adelaide ; and in Van Diemen's Land there is one at Hobart Town and one at Launceston. 2007. Among them they absorb and find employment for a capital of 600,000 L ?— They do. 2008. A capital advanced by the shareholders ? — ^Yes. 2009. In addition to the money deposited vdth them ?- — ^Yes. 2010. And you leave the appropriation of this liarge capital among those respective branches, to the judgment of your director-general, whom you have appointed to superintend the whole of your establishments there, subject to the recommendations and control of the directors at home ? — Exactly so ; I shouM stq,te that at each of the branches there is also a local direction, composed generally of respectable merchants, who assist the manager at each branch with advice. 201 ] . Their assistance, probably, is principally given in judging with respect to the bills which are to be discounted ? — And for the general management of the branch at each place. 2012. If they were to offer a suggestion to the director-general that a larger proportion of capital was wanted at any one estabhshment than another he would probably give attention to that suggestion, and if he concurred in it, upon* investigation, would supply that additional capital to that establishment ?— No doubt ; but to do that it would be necessary to make a diminution in another place, because he cannot exceed the amount of capital he has altogether. 2013. Do you conceive that the capital which your bank has at present is sufficient for the banking purposes of those several colonies ? I believe more could be profitably employed. 2014- Do you believe that the portion you have aUotted to South Australia is sufficient for the purpose ? — Decidedly so, at present. 2015. Do you believe that it is sufficient for the wants of South Austraha, taking SELECT COMMITTEE ON SOUTH AUSTRALIA. 183 taking into account the other means which South Australia possesses of getting banking accommodation ?— I beg to say that I have no personal knowledge myself of the colonies, and therefore any information I may now give must be taken as derived from the reports of our officers, and also from the means of information I have from a long mercantile connexion with the colony of New South Wales generally. I am, therefore, not competent to give any very decided opinion as to whether the amount of capital generally employed there is adequate to the purposes of the colony of South Australia, for this plain reason, that I do not know what capital is appropriated, or what is used, either by the South Australian Company or by the Union Bank, which I understand has a branch there also. 2016. Have you had any representations from your director-general, or from the local directors in South Australia, that a larger amount of capital in that colony was desirable for its legitimate operations ? — We have not. 2017. Have you had any representations that if you were to furnish more capital they could employ it safely and profitably ? — No, not particularly from Adelaide. 2018. Then, so far as you know, sufficient has been done by your establish- ment for the wants of that colony in the relation in which you stand towards it ? — I think so. 2019. Chairman.'] You were understood to say that there has been a gradu- ally increasing business since the establishment of your bank in South Austra- lia ? — Certainly ; but it has been very gradual. This appeared from a return which I examined for the purpose of refreshing my memory before I came here. We are furnished with returns. They are made up every week, giving a detail of all the transactions of the bank, and those are abstracted, so that by running my eye down the columns, I see the state every week of the cash in hand, and the bills discounted, and every transaction of the bank. 2020. Mr. Wood.'] Without going into those details, but from the knowledge you possess, arising from the examination of those reports, is it your opinion that the business which your bank has done there is legitimate, proper banking business ? — If the question has reference to the mode in which banking busi- ness is done in this country, I should say, not quite so ; because there is a certain degree of looseness in the manner in which business is done in the colonies that is not quite analogous to the practice in this country. But I cannot say with regard to the business, which consists principally of discounts, whether the exact transactions represented by those discounts are known ; the ordinary rule with our managers is, that if the customers of the bank, or others, want discounts when he is in a condition to discount freely, he is to satisfy himself that he has, according to our rule, two good names upon the paper. It is scarcely possible for him to know exactly upon what transactions that paper is founded. We are precluded by our charter from taking that security which other parties may take, which is the great security in all those colonies, namely, land. We are expressly precluded from lending money upon that security. 2021 . Keeping in view those customary regulations of sound banking in this country to which you have adverted, do you think those regulations have been more de^dated from in your estabhshment in South Austraha than the circum- stances of the case rendered desirable or justifiable ? — I think what has been done has been justified by the state of things in the colony. 2022. Is it not your opinion that a larger amount of latitude is necessary in an infant colony than that which is apphcable in the emporium of the money- market of the world ? — Unquestionably. 2023. Lord Eliot.] Have those deviations been greater in South Australia than in the other Australian colonies ? — They have, for this plain reason, that the colony is of more recent establishment. 2024. Mr. Wood^ Will you state what are the chief of those deviations from the banking regulations adopted in London to which you have alluded ?— In the first place, it is not found practicable to adhere strictly to the usance, the time for which paper has to run. Here the ordinary understood rule is, not to discount paper beyond 90 days ; it is not found practicable to adhere strictly to that in the colonies, even at Sydney, where they carry on matters more steadily than they can be expected to do in a new colony. 0.21. A A 4 2025. Then J, S. Brownrigg, Esq. M.p. 19 March 1841, i84 MINUTES OF EVIDENCE TAKEN BEFORE THE J. S. Broimrigg, 2025. Then one of the deviations to' which you allude is the discounting of bills Esq. M.p. at longer dates than is considered desirable and proper in London ? — Exactly. 2026, Is there any other that you would wish to mention ? — I do not think 19 March 1841. there is. 2027. What is the longest date at which your bank is accustomed to discount paper at Adelaide ?— When you say "accustomed," I beg it to be understood that I am rather mentioning the deviations ; the general practice is, that any- thing under 90 days is considered perfectly legitimate ; and when our local directors deviate from that and discount as far as six months, which they seldom go beyond, they are regulated, of course, by their knowledge of indi- viduals, and the circumstances connected with the transaction which this paper represents. 2028. Are those cases of discounting paper having more than 90 days to run occasional exceptions, or do they form a considerable portion of the entire amount of the discounts done ? — They form a considerable portion. 2029. What portion may they amount to ? — That is difficult to say, but I should say at Adelaide probably fuUy a third. 2030. Then about two-thirds may be understood to be paper which has not more than 90 days to run, and one-third from 90 days up to not more than six months ? — ^Thereabouts ; but they find it impracticable to adhere to that strict rule ; the accommodation to the pubhc would be very limited were it restricted as it is in this country. 2031. Are you cognizant of any discounts having taken place of bills exceeding six months date ? — ^There may have been some very few exceptions, but they are very few. 2032. Adverting again to the London practice, are there not also deviations in London going beyond the three months ? — No doubt about it. 2033. Among even first-rate banking-houses ? — ^Yes. 2034. Chairman^ You mean that that practice is more frequent in South Australia than in London ? — I think so. 203,5. Sir TVilliam Molesworth.'] Where does your director-general reside ? — His head-quarters are at Sydney, but it is his duty to go round occasionally. At the last report we had he was preparing to embark for Van Diemen's Land, with the intention of visiting Adelaide afterwards. 2036. Mr. Wood.'] You have adverted to your being prohibited froHi making advances upon land under the conditions of your charter ; do you con- sider that prohibition a desir&ble one for the bank and for the colony of South AustraUa, or otherwise ?^I consider it a most advisable one for the bank. 2037. Should you recommend, in the event of the Government, upon the recommendation or under the sanction of Parliament, conferring a charter upon one or more banks established for South Australia, that a similar prohibition should exist ? — I consider it a most wholesome prohibition. 2038. Do you consider the prohibition advisable, both as regards the welfare of the bank and the welfare of the colony ? — I do, taking both together. 2039. CKairman.'] Will you state in what respect you consider that restric- tion as advantageous ?— As far as regards a bank of circulation and deposit which is Hable to have that which they owe called for at demand, or at a short notice, I consider it to be very imprudent in a bank to lock up its funds which they must do if they lend upon landed security. ' 2040. Then with respect to the colony ?— I do not mean to say that it might to answer in the negative. 2041 . Mr. Wood:] You consider that if it be desirable for the landowners to have an opportunity of raismg money upon mortgage, it ought not to be done through the mstrumentahty of a bank, but by means of capital appUcable to such purposes, which may be locked up for an indefinite time, with less impropriety than can be done by a banking establishment ?— Decidedly so For a person seeking a permanent investment for his money, a good morteaee js one of the best securities ; but for a bank, I hold it to be thi most unsltt factory security they can hold. - 2042. If SELECT COMMITTEE ON SOUTH AUSTRALIA. 185 2042. If the banks were to make advances upon the security of land, either ■upon actual mortgage, or equitable mortgage by deposit of the title-deeds, do you. think that such a custom on the part of the banks might have an injurious tendency in creating or encouraging land-jobbing ? — I think it would ; and I should hold that bank to be in a very unsafe state that had much of its funds so locked up. 2043. Would such encouragement to land-jobbing be, in your opinion, per- manently detrimental to the interests of the colony itself? — In the case of a man borrowing money upon the security of his land at a moderate amount, to enable him to extend cultivation, or to make improvements, I do not exactly view that as land-jobbing. Land-jobbing I understand to be a man buying a quantity of land on speculation, with a view of selling it the next day if he can make money by it. 2044. With that interpretation of land-jobbing, you consider any encourage- ment given to it by banking establishments pernicious ? — Most pernicious. 2045. Whilst you consider the power to borrow money upon the mortgage of property bond fide held would be serviceable to the colony ? — No doubt. 2046. Suppose a party possessed of landed property, which he had paid for, desiring to borrow money upon the mortgage of that property, and to seek to do it by a bill of exchange, and that the circumstances of the individual were such as to give a moral assurance that the bill would be honoured at maturity, in the same way as mercantile bills are honoured, would it come within the pro- vince of your bank to discount such a bill ? — ^That is presuming a knowledge on the part of the manager of the bank which I apprehend he could not possess ; nor do I think that the customers of a bank would readily recognise the right of a manager to say, " What transaction does this bill of yours represent".? He comes to the bank and asks for a discount on the strength of his own credit, and the credit of the other names upon that bUl, and upon that alone, I appre- hend, the manager and local directors of the bank would form their judgment. 2047. Then such a bill he would not hesitate to discount, if he felt confi- dence, from the stability of the parties who had indorsed it, that it would be paid at maturity, even though he had reason to suppose that it had arisen out of purchase or sale of land ? — Really that is a question as to what a man might do, with a sort of half-knowledge of what the bill represented, that I cannot answer ; but my opinion is, that the manager would have nothing to do with the nature of the transaction represented by this bill, if he was satisfied with the responsibility of the parties whose names were upon it ; he takes the bill not because it is based upon a land transaction, but because there are good names upon it. 204 8. Have you any objection to inform the Committee whether the directors of your bank are satisfied, so far, with the result of the branch which they have founded in South Australia ? — I have not the least objection to answer any question upon that subject. 2049. Has the result been satisfactory to the directors ? — No, inasmuch as we have made no profit, and that is the great subject of satisfaction, I apprehend, to all banks. 2050. Have you incurred a loss ? — No, not that I know of, at present ;. perhaps a short statement would be more intelligible to the Committee. This branch was established at the beginning of the year 1839 ; of course, from the length of distance, we have reports only as to the operations of about 19 or 20 months. It was estabUshed there at the instigation of several persons con- nected with the colony, who were anxious that they should have the ordinary facilities afforded them of a bank, and we consented to send down a branch, with a small capital, as an experiment, to see how it would answer. There were some doubts entertained not only here, but also by our inspector, a very intelligent person, as to the success both of the bank and of the colony gene- rally ; and I have an extract from a report which I have brought here for the purpose, thinking it might be interesting to the Committee, written by that officer when he got our letter, telling him of the representations made to us here, and pointing out the probable expediency of opening a branch in South Austra- • lia ; this letter is dated so far back as October 1838, and is written from Sydney. He writes, " I have received much information, both in this colony and Van 0.21. B B Diemen's /. S. Brottmriggj Esq. M.p. 19 March 1841. i86 MINUTES OF EVIDENCE TAKEN BEFORE THE J. S. Brownrigg, iisq.,M.p. 19 March 1R41. Diemen's Land, as to the progress and prospect of the settlement from parties who have been there, and are interested in it, which all tends to confirm the information contained in your despatch, No. 2, as to the favourable nature of the soil and climate, as well as the amount of population which maybe expected to be there. The colony appears to have been founded on the suppositioB that the price received for the land would be sufiicient to pay for the transportation and government of emigrants. I do not pretend to be so good a judge of these matters as the projectors of the colony, yet I venture to express my fears that this fund will be found quite inadequate, and that unless funds be supplied by the British Government, or from some other source, it will be impossible to provide for the administration of poUce and law. This evil, if it exists, wiU I think be found to have been aggravated by the form of government adopted." I read this to the Committee, because although the mere speculation of a well-' informed person, yet the present state of the colony seems to confirm the soundness of the opinion given at that time. He goes on to say, " There appears also to have been a great want of experience and decision in directing the energies of the colonists to that source from which alone they can hope to rise to wealth, or rather, to prevent themselves sinking into poverty. I can- not anticipate that any profitable commerce will arise (which alone can give rise to profitable banking) until an article of export be produced in considerable quantity, as otherwise the funds of the colonists must be expended in paying for those articles of import, which, in the present day, must be looked on as necessaries of life, and from indulgence in which the colonists evince no inten- tion of denying themselves. Wool is the only article of export that can be pro- duced, and on this subject the colonists appear to have been as supine as they have been eager to purchase town allotments and build houses, giving the place (what seems to me) a false appearance of commercial prosperity. In their anxiety to grasp the shadow, there seems some chance of their losing the subr stance. I am informed that the sheep in the colony only amount to 7>000, 2,000 of which are wedders, a number altogether inadequate to secure any trade worth mentioning for the next 10 years." " Sheep can be supplied without much difficulty from this colony or Van Dieman's Land, and so long as there are people willing and able to pay for them, there can be no doubt of the colony being amply supplied. I am not able to form an opinion whether the emi- grants who have gone there have means sufficient to carry on sheep-farming on a remunerating scale ; but I have not as yet heard that persons of sufficient capital have arrived in the colony, and I see no disposition among the flock- holders here to remove any portion of their flocks there. These subjects sug- gest to me such serious doubt of the ultimate prosperity of the colony, that had it been left to me to undertake or abandon the branch on my own respon- sibiUty, I should have delayed taking the step until I could be sure that there were at least 100,000 sheep in the settlement, and that provision was made for the efficient administration of law." 2051. Chairman.'] Were the instructions to your manager imperative upon him to establish a branch bank in South Australia ? — A very strong opinion was expressed, and he did not think himself justified in acting contrary to- it. He goes on to mention the details ; he says, " I shall be very careful in the person I shall select, and I shall begin upon a very small scale." In the first year, 1839, I think our expenses exceeded nearly one-half. Last year, up to the latest returns, the profits were considerably more ; so that I think we stand now pretty nearly as when we went there ; we have neither made nor lost any money. ■' 2052. The profits have been increasing in proportion to the expenses >— They have. Last year they paid the expenses, and nearly equalled the defi- ciency of the previous year. In fact, in any of those branches that we have estabhshed, we do not expect to make any profit the fiist year or two. 2053. Mr. TFoo^.] In your other estabhshments, had you a larger amount of success the first two years than you have described in this instance =— Yes • because we began at Sydney and Hobart Town and Launceston, and they were old-estabushed colonies. ^ 2054. Does your success at Adelaide equal the expectations you first formed ? — Perfectly. 2055. Is SELECT COMMITTEE ON SOUTH AUSTRALIA. 187 2055. Is it sufficient to encourage you to persevere in the undertaking ? — Decidedly. I think that but for the sort of check which the colony appears to have experienced lately, I should have had no doubt of its ultimate success, and yielding a profit upon the capital employed. I think a great blow to credit there must of course have been given by the state of things which the Com- mittee are so well acquainted with. 2056. What has been the rate of salaries you have paid, in order to secure the services of confidential persons in Adelaide, as compared with other colo- nies ? — We have been obliged to make a small increase, in consequence of our being told that living would be more expensive ; but we have a regular esta- blishment of servants of all grades, and they are promoted regularly. A man who may be a teller in one branch, if he conducts himself regularly, may be promoted to a higher situation at another. We sent down a confidential ser- vant from Sydney to conduct the branch at Adelaide, and we gave him some increase in consequence of its being represented to us that living there was more expensive. 2057. There was no considerable increase under that head ? — No ; I think the whole expense of the branch at Adelaide, including the rent of the house and other matters, amounted to 1,500 I. or 1,600 I. 2058. Lord HowicT(7\ Is not the general rate of salaries very high in all those colonies ? — It is ; and there is a great tendency to increase the salaries ; there is the greatest difficulty in keeping them down ; people's ideas expand when they get there. 2059. Mr. Vernon Smith.'] What country are you comparing them with when you say the rate of salaries is high ? vdth this country ? — With this country. 2060. Mr. Wood.'] Have you allowed such salaries and expenses at Adelaide as you consider proportionate to the establishment there, and in just relation to what you do in branches in the other colonies ? — Decidedly so. 2061 . Mr. Hope.] In the letter you read, reference is made to the possibility of persons with large capital coming into the colony, and of an increase of sheep. Has your manager since advised you that such things have happened ? — There has been a very considerable increase. Our manager does not enter into details of that nature ; it would be unnecessary for him to load his corre- spondence with points which do not immediately affect the interests of the bank ; but there has been a considerable apprehension lately that there was a little over-trading. 2062. Since the date of that letter, the capital in the colony and the quantity of sheep has very greatly increased ? — I believe they have increased ; but I beg to say, that anything I state now is derived simply from the transactions of our bank ; but I will state why I think that it has increased. From the opera- tions of the bank, I judge that capital has gone there to a considerable amount. Besides the mere banking business, we carry on exchange operations between the colonies generally and this country, and between the colonies themselves ; and 1 think our transactions afford a fair inference that the amount of capital in the colony has increased. We have drawn on our bank at Adelaide since its commencement for about 25,000?.; whereas, on the contrary, the drafts us from the bank have only amounted to 12,000/.; therefore, the stream on /, S. Brawnrigg, Esq. M.p. 19 March 1841. evidently has been that way, as far as regards London. Then, between the colonies themselves, considerable capital has found its way there from the other colonies in Australia. I find that since its commencement the Adelaide branch drew on the other branches, which of course was for money paid to it, about 26,000 I., and there was remitted from the other branches to Adelaide^ which operated in the same way to increase the capital there, about 41,000/. ; whereas Adelaide remitted to the other branches only 15,000 /., and the other branches drew on Adelaide for 6,000 /., leaving the difference between 67,000 /. and 21,000 /. in favour of the Adelaide branch. These are the figures from which I draw my conclusion, that, as far as the operations of this bank are con- cerned, the presumption is that a considerable amount of capital has found its way there ; and I know that a great deal of capital has gone from this country through other channels. 2063. With regard to the exchange operations conducted by your bank between Adelaide and the neighbouring colonies and the mother country, does 0.21. B B 2 it 19 Aiarch 1841. 188 MINUTES OF EVIDENCE TAKEN BEFORE THE J. S. Brouimgg, it appear that they have arisen more out of operations for transferring capital Esq. M.p. fj.Qj^ Qjjg ^Y&ce to another than from any adjustments for the ordinary pur-- poses of commercial business ? — I beheve more for the purpose of transferring capital. 2064. Then it would be a fallacious ground from which to infer what would be the foreign commercial operations with Adelaide if we looked only to those exchange operations that you have been describing ? — Certainly ; I have reason to know that the land-jobbing which has been referred to was not con- fined to the colonists, strictly speaking, of South Australia, but that speculations of this character took place in Sydney and in the older colonies. I feel satisfied that some of those inter-colonial transactions were for the purposes of jobbing in land: I beheve that men came or sent from Sydney and from other places, who perhaps better knew how to manage these matters than the new colonists, and that some of those transfers of land, at a great enhancement of value, were made by the inhabitants of the older colonies. I think I can trace remittances going fi-om Adelaide back to Sydney, which are nothing more than the profit which the jobbers made of the land, 2065. With regard to the capital which has been supplied from the other colonies for the purchase of land, how much of that do you think has been for permanent investment and improvement, and how much for jobbing and for speedy re-sale ? — I think that very little that came from the other colonies was with a view to permanent investment. 2066. Are the bills of exchange on London discounted by your branch at Adelaide paid with punctuality at maturity, so far as you know ?^Yes ; all but the Government's. 2067. Do you hold any bills drawn upon the Government by the governor of the colony ^ — We do, 2o58. Have they been dishonoured ? — The whole of them, 2069. Have you returned them to the colony ? — We have not. 2070. Why have you abstained from doing that which is customary with regard to bills so circumstanced ? — That will require a short statement, if the Committee will give me leave to make it. In the first instance, Ijefore the establishment of a branch of our bank at Adelaide, we were applied to by the Colonization Commissioners to grant a credit in favour of their commissioner at Adelaide, and we replied that we would wiUingly do so upon their guarantee. 2071. Chairman^ Can you state the date of that application? — I have not got the few preliminary notes that passed between us, but the guarantee was dated the 27th of September 1837. We expressed our readiness to establish any credit upon the guarantee of the commissioners that the bills so drawn under their credit would be duly honoured, and we received a guarantee to this effect : " In reply to your letter of the 16th instant, stating your readiness to credit the drafts of the authorized officers of the commission, according to the form which you have received, to the extent proposed, viz. 3,000 1, per annum, being 1,000 Z. per annum at each of the three establishments of the corporation, Sydney, Hobart Town, and Launceston, with the understanding that this amount may be exceeded as regards any one of the estabhshments, provided that the aggregate does not exceed 3,000 Z. per annum, on condition of your receiving a guarantee from the Colonization Commissioners for South Austraha, to the effect that they will accept such drafts when presented in this country, we hereby give you, on behalf of the commissioners, the guarantee required to the extent named above. Signed, on behalf of the Board," (with the seal) " R. Torrens, J. Roberts," and countersigned by the secretary, Rowland Hill. Upon the faith of this we wrote to our manager at those three places, the Adelaide branch not then being estabUshed, giving this credit. We shortly- after that, in January 1839, established a branch at Adelaide, and the governor, who I beheve was the commissioner also, applied to our manager to have the credit transferred to that branch, and it was done accordingly. This is an extract from a letter of the manager of the Adelaide branch : " His Excellency the Governor has signified his desire that the fcredit estabUshed by the court in London in favour of the government here for 3,000?. per annum to be negotiated through either the Sydney or the Van Diemen's Land branches, might be drawn for through this branch. Drafts to that amount during the year^ issued SELECT COMMITTEE ON SOUTH AUSTRALIA. i8q issued by the colonial treasurer, and countersigned by his Excellency, will be negotiated here accordingly, and the other branches advised of this arrange- ment." In -pursuance of this arrangement, the first bill for 3,000 I. for the annual credit came home, and was paid by the commissioners ; the second came, and it was refused acceptance. ; 2072. Can you state the date of the refusal ? — We received the bills, I think, early in the month of November last, or the end of October. ' 2073. 1^0 yo'i still retain the bills in this country ? — ^We do. 2074. Upon what ground ? — Upon two grounds: first, because there was a strong expectation held out to us that they would be ultimately paid in this country; and the second ground was, that we beUeved there would not be any use in returning them to the colony, being satisfied that there were no means of paying them there. 2075. Mr. Wood.'] Will you state what is the customary rate of discount in Adelaide, according to the practice of your bank ? — On bills not having more than 100 days to run, at the rate of 10 per cent, per annum. 2076. For bills of a longer date what rate ? — Twelve per cent. 2077. Why do you make that distinction between bills of a longer and of a shorter date ? — In order to check the discounting of long-dated bills as much as we can without entirely refusing that accommodation. 2078. Does not the fact of your getting more per cent, per annum upon the longer date bills in preference, than upon the shorter, operate in the other direction, as being an inducement to the agent to discount those bills with a view to increase his profits ? — I do not think it does, inasmuch as he does not participate in the profits. 2079.- Though he may not participate in the profits, is not the satisfaction with which his services are viewed, likely to be affected, more or less, by the profitable results being larger or smaller ? — ;No ; because he knows perfectly well the opinion of the directors in this country, that it is their wish that the long-dated paper should be discouraged as much as possible. . 2080. Have those rates been stationary during the whole time of the exist- ence of your bank ? — I believe at one time, though I am not quite certain, that discrimination was not made ; that provided they were satisfied of the paper being good, they were all done at the same rate ; and I think the rate was increased upon the long-dated paper, with the view of checking the discount of long-dated paper, by order from our Board here. 2081. With that exception, has your rate ever been higher than 10 per cent, per annum ? — I think not. 2082. Has it ever been less ? — Not at Adelaide. 2083. Then 10 per cent, per annum may be considered as the customary rate of interest for money when furnished for the discount of good bills ? — Yes. 2084. Do you issue promissory notes, payable on demand, to serve the purposes of money ? — Yes. 2085. What are the specific sums for which such notes are issued ? — They vary ; from 1 /. upwards. , 2086. Is 1 /. the smallest sum for which you issue such notes ? — Yes. , 2087. Do 5rou" consider that sufiiciently small for the purposes of the colony r — Ido. " 2088. Do you think the issue of paper money for smaller sums undesirable ? —I do. 2089. Are you aware whether any notes are issued for smaller sums than 1 1. "by any establishment in Adelaide, banking or commercial ? — I do not know. 2090. The amount which you have in circulation in South Australia of such notes, according to the return which you have read to the Committee, is only 2,376 l. at the date of that return ? — That was taken from a return dated the 16th of May 1840, which was a half-yearly return furnished to the governor there, according to the terms of our charter, but we have later returns. 2091. That was the actual amount of notes which you had in circulation of that description at that date ? — It was. 2092. Can you account for the smallness of the sum ? Do you conceive that it is adequate to the wants or the convenience of the colony ? — I cannot account for- it; but it is characteristic of the state of our bank in all the other colonies, 0.21. B B 3 where, J. S. Brown-rig^ Esq. M.p. 19 March 1841 iqo MINUTES OF EVIDENCE TAKEN BEFORE THE J. S, Brownrigg., Esq. M.p, ig March 1841.. where, as compared with banks of a similar character in England, the actual circulation of notes is remarkably small. 2093.. Is it out of proportion to the circulation in the other colonies, judging from your knowledge, as derived from your branches in those colonies ?-^No, it. is not out of proportion. 2094. It is as much as you should expect, judging from the amount in the other colonies ? — Yes. 2095. Is it the practice of your bank generally throughout your branches to afiford all the facility for the issue of such paper which the wants of the com- munity appear to require ? — Decidedly so. 2096. You do not check the issue of such notes ? — No. 2097. You probably abstain from any undue exertions to force them into circulation ? — Decidedly so ; we have no particular anxiety to have a large quan- tity of paper in circulation. 2098. In your judgment, the amount of such paper which you issue generally in the South Australian colonies is sufficient for the purposes of the com- munity, and not in excess ? — I state it to be sufficient merely by analogy, with reference to the quantity of our notes in circulation in the old settlements of New South Wales. 2099. Chairman.^ Is there any restriction by the charter upon the amount of y9ur notes in circulation, or upon the value of those notes ? — We are pro- hibited from issuing anything below 1 1. 2100. Mr. Wood.] Do you consider that a wise prohibition ? — I do. 2101. Should you recommend it to be enforced hereafter, with respect to your own bank, or any others that may be established under charter ? — It is in force with respect to our bank, and I think it a very wholesome regulation, and therefore that it ought to be enforced as far as practicable. 2102. Chairman.] You stated that you had subsequient returns from your branch at Adelaide ; does it appear from those subsequent returns that any con- siderable increase had taken place at the date of thfem in the amount of notes in circulation ? — There is an increase, but I do not think the increase bears more than an adequate relation to the quantity of discounts ; by the jretum which I have put in, it appears that in May 1840 the circulation was 2,3761., and the discount and assets were 26,000 /. ; by the last return which we have, of the 14th of September, the circulation was 3,144 /. and the discounts were about 42,000 I. ; so that the increase is hardly in proportion, perhaps. 2103. Mr. Wood.'] Referring again to the return you have given in, it ap- pears that the deposits at the date of the return were 17,048 I. ; can you state the nature of those deposits ? — ^There are three classes : there are current accounts, which are payable on demand; deposit receipts, payable on 10 days' notice; and deposit receipts,- payable at three months' notice ; those are the three classes of deposits in our bank. 2104. Are any of them of the character of permanent investment, or is it a deposit for the security of capital, which will probably be wanted very speedily for land purchases, or commercial or other pecuniary undertakings ? I do not think any of them partake of the character of a permanent deposit. 2105. Has the amount of the deposits varied materially ? — They have increased from the 16th of May 1840 to the 14th of September, about six months from 17,000 I. to about 21,000 I. ' 2106 Chairman.yrhere seems during that period to have been an increase m all the figures ? — Yes. 2107. Mr. Wood.] Do you allow interest upon any of those We do. 2108. What is the rate allowed? deposits ? — We allow at the rate of four per cent, per annum upon the current accounts ; at the rate of five per cent per annum for the deposit receipts at 10 days' notice, and seven per cent, upon denosit receipts at three months' notice. ^ ^^F^i^xi, 2109. Chairman.-] What do you charge upon overdrawn accounts ?— That fluctuates from 12 to 15 per cent. 2110. On what principle is that fluctuation regulated?— I apprehend it is regulated very much by the nature of the pao-ty, upon the circumstances under which an account is overdrawn or a bill is past due. 2111. It SELECT COMMITTEE ON SOUTH AUSTRALIA. 191 2111. It is not regulated by the extent to which the account is overdrawn, but by the character of the party ? — Very much. If the manager and directors are satisfied that it arises from some accidental circumstance, of course no change would be made, 2112. Mr. Wood.] Proceeding now to the assets; as stated in the return that has been referred to, it appears that at that date the stock of gold and silver was 8,581 1. Was that about the average amount of your reserve of gold and silver ? — ^Yes. 2113. You conceive that sum to be adequate for all the purposes of your bank, as then existing ? — ^Yes. 2114. Have you any estabUshed rule by which you maintain a certain amount of stoclc of precious metals ? — We have a general rule, which is subject to shght variations according to circumstances ; but we conceive that there should never be less than a fourth, and we generally inculcate upon our managers the expe- diency of maintaining one-third of the amount of their circulation and habUities. 2115. In liabiUties, do you include deposits ? — ^Yes. 2116. From one-fourth to one-third of the whole of your liabilities, including aU deposits, and including all notes in circulation ? — ^Yes. 2117. You have stated that an important branch of the business of your bank is to conduct exchange operations between the colonies and the mother country, and between the colonies in relation to each other. Do you consider that a legitimate species of banking business for colonial banks ? — Decidedly. 2118. Is it hkely to form an important part of their general business ? — It does form an important part. We were the only bank for a considerable time that could give the pubhc that accommodation. 21 ig. Is your bank, having its general management in London, subject to those regulations which attach generally to joint stock banks founded in this country ? — I think we have gone a good deal upon the Scotch system. 2120. The question referred to the liability to publicity? — We are bound to furnish returns to the Government by our charter. /. S. Brmnrig Esq. M.p. 19 March 1841. Mr. William Mann, called in ; and Examined. 2121. Chairman.] HAVE you been in the colony of South AustraUa r 2122. When did you go there ? — I went there in December 1838. 2123. How long did you remain there ? — I remained there about three weeks or so. 2124. Where did you go from? — I went from Launceston, Van Diemen's Land. 2125. Did you come direct from the colony to England? — No, I resided in the other Australian colonies for some time afterwards. 2126. What was your object in visiting the colony? — To see if it was adapted for, emigration ; to see if it was a better colony than any other, as it was much cried up as being a fine country. 2127. Had you many opportunities of making observation as to the general adaptation of the colony for emigration during the three weeks you resided there ? — ^Yes ; I made it my chief employment. 2128. In what part of the colony were you chiefly resident ? — At Adelaide. 2129. Did you go at all into the interior? — Yes ; I went up to Mount Lofty, about 14 miles in the intmor, where I had a view of the surrounding country. 2130. What opinion did you form with respect to the colony? — I formed the opinion that a great portion of it was bad land, and that it was let a great deal too high, and that the special survey system would take away all the good land, and leave the bad for those that came after. 2131. Do you mean that you formed an opinion that a great portion of the land comprised within the parliamentary colony was bad, or that a great portion of the land that came under your own observation near Adelaide was bad ? — That which did come under my own observation 1 understood was some of the best in the province ; and I formed the opinion that about four-fifths of the land in the province was bad. 2132. On what information did you form that opinion? — From my own actual observation. 0.21. B B 4 21'?'?. Is I have. Mr. Wm, Mann. B B 4 2133- 192 MINUTES OF EVIDENCE TAKEN BEFORE THE Mr. Wm. Mavn. 2] 33. Is that the land near Adelaide ? — The land I saw. t, i j • ' ■■ 2134. On what information have you formed the opinion that the land m 19 March 1841. other parts of the colony was inferior to that near Adelaide ?— From everything I learned from those that travelled through the colony. 2135. What was the amount of the population at that time m the colony,?— It was estimated then at between 4,000 and 5,000. t, r i 2136. You have not been there subsequently ?— Not since then. 1 know that several people that went left it. I do not think there are any good means of ascertaining the population. Some went there, but they left for Port Phillip, and some returned by the same ship that they went to it. One returned ,.i» the vessel with me. 2137. Mr. Vernon Smith.'] While you were in South Australia, what was the opinion you formed of the progress of- the prosperity of that colony?— My opinion was that it would soon come to a stand-still for want of revenue, and that all the good land would be soon run over and the bad land would be left upon their hands ; for they took a most uncommonly bad method, for a man might run his land up along a strip on both sides of the river, and leave the rest of the land all valueless to others. 2 1 38. Chairman.'] How much land had "been then disposed of in the .colony ? — I cannot say what extent of land was then sold. 2139. Do you mean that it is your opinion that the greater part of the good land has been actually disposed of, and that what remains unappropriated is of an inferior description? — That in a very short time whatever was good would be run out ; and indeed I stated so in a book I pubhshed. . 2140. Are you able to state in a general way the proportion of land in the colony which you think not good ? — I think about four-fifths of it is bad, very bad. 2141. With whom were you chiefly in communication when you were in Adelaide ? — I was in communication with Mr. Gillies, the treasurer. 2142. Mr. Vernon Smith.] Were you able during your stay in South Aus- tralia to ascertain that four-fifths of the land was bad ? — Four-fifths of what I saw was bad ; and the general opinion was that even a greater proportion of it was bad. 2143. Chairman.] Besides Mr. Gillies, what other party did you communi- cate with competent to give you information as to the general character of the land in the colony ? — Captain Walker, of the navy. 2144. Had he been employed in the survey department ? — No; he. became a merchant at Adelaide. 2145. Mr. Vernon Smith.] You do not speak from personal examination, you speak from report only ? — I speak from what I saw. 2146. Chairman.] Had Mr. Gillies and Mr. Walker purchased land ?— They had. 2147. Extensively? — Only town allotments, I believe, at thait time. 2148. Sir William Molesworth.] Do you think that three weeks is a sufiicient period of residence in a colony of that description to enable you to give a posi- tive opinion upon the nature of all the land?— I only gave an opinion of what I saw; that is about 14 miles from Adelaide ; and from the report of others I heard that it was much worse further oif. 2149. i^ord Mahon.] Have you had any letters from this colony since you were there ?— Not from South AustraUa; I have had some from Van Diemen's Land ; I have property in Van Diemen's Land. 2150. Have you any means of knowing, by your communications from the other Austrahan colonies, whether any emigrants have gone from South Aus- traha to the other Austrahan colonies ?— Yes ; I have seen paragraphs in news- papers which stated that ships had left Adelaide with passengers for New 2151. But you have no other information upon the subject:— No more than what 1 sawm newspaper paragraphs, stating that such a ship had left Adelaide tor J^ew Zealand with emigrants from thence. 2152. Sir William Molesworth.] Are you aware that any emigrants have gone trom South Australia to New South Wales and Van Diemen's Land ?— Not except what I saw stated in newspapers. 2153. Are SELECT COMMITTEE ON SOUTH AUSTRALIA. 193 2153. Are you aware whether any emigrants have come from New South Wales and Van Diemen's Land to South Australia ? — I am aware that some runaways went there. 2i54. Are you aware whether any respectable persons went? — Some might, but very few. 2155. Chairman. 1 How long have you' resided in Van Dieman's Land? — Upwards of six years, in the colonies. ' 2156. When did you return to this country?'— About a year and a halfago. 2157. Lord Mahon.'] What is the average length of the passage between Adelaide and Van Diemen's Land ? — ^We were about 10 days on the passages it is sometimes effected in a shorter space of time. 2158. Is there any regular communicatien ? — There is; a great number of ships go backwards and forwards. 2159. Chairman.^ Are you aware* what the amount of the population now* is in South Australia ? — No. ♦2160. Have you any specific information as to the state of the colony sub- sequently to your having left Van Diemen's Land ? — None, exeept what I see by the public papers; 2161. Sir William MoleswortL] Then aU your knowledge' of South Australia is founded upon a residence in Adelaide for three- weeks? — No, I do not say so, because I have had frequent communications; with gentlemen^ that resided there, and the reports of travellers in that colony. 2162. Who are those persona? — I have stated them, Captaiit Walker, Mr..GiIlies, and several other gentlemen. 2163. But since that period you have had no communication with the colony ? — I have had no communication with the colony by letters. 2164. Mr. So/je.] Has not Mr. Gilhes been dismissed from the situation of treasurer ? — I understand so. 2165. Is not there a strong feeling of rivalry on the part of the colonists of Van Diemen's Land and New South Wales towards South Australia ? — I do not think there is, because I think it would be for the interest of Van Diemen's Land that all the southern part of New Holland should be densely peopledi 2166. Does not it appear from the newspapers of Van Diemen?s Land and New South Wales that a feeling of jealousy is entertained ? — I do not think so, because they are good customers of theirs ; they grow no wheat in South Australia, and they take their provisions from Van Diemen's Land. 2167. Lord Mahon.] Can you give the Committee any specific information; as to the supplies of wheat from Van Diemen's Land ? — I believe all the supplies of wheat they get are from Van Diemen's Land. 2168. To any considerable extent? — To a considerable extent; I do not think they had at that time 10 acres of land under cultivation. 2169. Chairman.] You are not aware what accounts have been received of the last harvest, and of the amount of land then under cultivation ?- — Not except by report ; I understand very bad. 2 1 70. Lord Mahon.^ In any letter you have received from Van Diemen's Land, do you find any mention of the export of corn from that colony to South AustraUa ? — I do not ; I see by the pubhc papers that there is a great export. 21 7 1 . Lord Eliot.] Are you of opinion that the statement of Colonel Gawler, that there are in South Austraha extensive districts of rich and fertile land, is erroneous ? — I will not pretend to say that Colonel Gawler is wrong, but I think it is a very highly-coloured description which you have read to me. 2172. Sir. JV. Moiesworthi] When you say that it is highly coloured, do you think that you are better qualified, from personal observation, to express an opinion upon the subject than Colonel Gawler ? — I only speak from experience ; I cannot say what Colonel Gawler has seen. 2173. Lord Eliot.] Are you accustomed to agricultural pursuits ? — I am. 2 1 74. In what state were the crops in the colony at the time you were there ? —The only crop I saw in the colony was about two acres of wheat, and it was so thin that it was mowed with a scythe, and raked up by a labourer. 2175. Chairman.] Did you go to Mount Barker? — I went about half-way to it. 0.21. c c 2176. Lord Mr. Wm\ Mann. 19 March 1841; 194 MINUTES OF EVIDENCE TAKEN BEFORE THE Mv, Wm. Mann. 21 76. Lord Mahon.'] Did you make any observation as to the mineral pro- < ductions of the colony ?— I got a few geological specimens ; I have not got 19 Maich 1841. them here. 2177. Were they considered by competent persons to be promismg .— 1 should think not. 2178. Captain A' Court:] Are you going out again?— No, not to that colony. ^ Ti 1 2179. Are you going out to Van Diemen's Land again ?— Perhaps 1 may go to Van Diemen's Land again, 2180. Chairman:] Are you a proprietor of land in Van Diemen's Land?— Yes ; I have property at Launceston, houses and lands. 2181. Lord Fitealan.'] Did you go to South Australia with the idea perhaps of setthng there ?— I went with the idea of looking at the land to see if it was so very good as was represented, that perhaps I might purchase. 2182. Sir William Molesworth.'] Is there not considerable complaint in Van Diemen's Land of numbers of persons emigrating from Van Diemen's Land to other AustraUan colonies ?— Ido not think there have been many complaints ; if wages are higher in any one colony, they will flock there. 2183. Mr. Gladstone.] With respect to the land upon which you say you saw so miserable a crop of wheat, do you think that land was a fair sample of the land in the colony ? — Some of the best. 2184. Chairman.] On what do you found your opinion of the relative value of the land you saw, and of the land 100 miles from Adelaide ? — I cannot say what the land is 100 miles from Adelaide. 2185. You did not go yourself beyond 14 miles ? — No, but I was told that I went on the best part of it. 21 8G. Had those gentlemen that gave you this information been themselves in different parts of the colony ? — I cannot say ; I cannot say how far they had been. 2187. Lord Eliot.] Did the land generally appear to you better adapted for pastoral than for agricultural purposes ? — Much better. 2188. Did you see any large flocks or herds ? — No ; at that time they were merely getting them across the country from New South Wales. 2189. Do you know the quantity of stock now in the colony ? — I do not. 2190. Lord Mahon.] Is it not the case throughout all the Australian colonies that the land is better adapted for pastoral than for agricultural purposes ? — I think so. 2191. Therefore it is possible that South AustraUa, even if the land should not be very productive of grain, might be very valuable for flocks and herds ? — I should not think it will be very valuable ; it might support some sheep certainly, but not very valuable. 2192. Lord Eliot.] Have you ever seen any wool the growth of South Australia ? — No, I never have. 2193. Civptain A' Court.] It was during the early formation of the colony that yo\i were there ?— They were two years settled when I was there. 2194. Were they not employed at that time in building houses, and had not turned their mmds to agriculture ?— There was very little agriculture. 2195. Lord Fitzalan.] Were you surprised at the advance they had made in buildmg f— No, I was not; what I saw was a great number of huts, that I thought were very useless. They got into a manner of speculating upon town allotments, which I thought was very prejudicial to their own interests. If they had gone mto the country and begun to cultivate, I thought they would do much better; they carried on a species of gambling in allotments, placing an ideal value on them which they did not really possess. SELECT COMMITTEE ON SOUTH AUSTRALIA. 195 Jovis, 25° -die Martii, 1841. Captain A'Court, Lord Filzalan. Mr. Gladstone. Sir George Grey. Mr. Hope. > MEMBERS PRESENT. I Lord Howick. Lord Mabon. Mr. J. Parker. Mr. Vernon Smith, Mr. G. W. Wood. The Right Hon. Sir GEORGE GREY, Bart, in the Chair. 25 March 1841. Rowland Hill, Esq. called in ; and Examined. 2ig6. Chairman.] WERE you the secretary to the late Board of Colonization Romland Hill, Esq. Commissioners for South Australia ? — I was. 2197. During the whole period of the existence of that Board? — During the period from its formation to September 1839. 2198. Did you take an interest in the early formation of the colony? — For some time previously to the formation of the commission I did ; but I was not engaged in the very earliest attempts to form the colony. 2199. As secretary to that Board, were you conversant with all the plans and proceedings of the commissioners ? — Certainly. 2200. Are you aware of the present condition of the colony as it respects its financial embarrassments ? — I have only a general knowledge on the subject, such as I have gathered from the newspapers. 2201. Are you aware whether the commissioners originally contemplated the result which has taken place in that respect ?— Certainly they did not. 2202. Can you state to the Committee whether they formed anything like an accurate estimate of the expenditure which would be requisite during the few early years of the colony on account of the government establishments of the colony ; also on account of what may be termed its outfit ? — Very careful esti- mates were made of the expenses of establishing and carrying on the govern- ment of the colony. 2203. Are you able to state what amount of expenditure was estimated by the commissioners under those respective heads ? — I cannot state them sepa- rately ; what may be called the expense of outfit formed part of the estimates for the early years of the existence of the colony, and was mixed up with the estimate of the expense of governing the colony. ». 2204. Was there any schedule of the expenditure which would be requisite delivered to Captain Hindmarsh, the first Governor of the colony ? — Yes, there was ; it was not delivered to Captain Hindmarsh, but to the colonial commis- sioner, Mr. Fisher. 2205. Will you state what the aggregate amount of annual expenditure com- prised in that schedule was ? — The amount of the annual expenditure was 6,938 ;. 12*. 2206. Did that include all the expenses which the commissioners considered would be requisite for the government establishments, and for the public buildings and works,, which it would be requisite to undertake for the formation of the colony ? — No, it did not. This may be considered as a statement of the current expenditure of the colony ; in addition to that, there were certain expenses allowed for the erection of buildings. 2207. Then that schedule may be considered as comprising only the expense connected with the administration of the government of the colony ? — And for conducting the surveys. 0.21. c c 2 2208, What Rffwland Hill, Esq. 25 March 1841. ,196 MINUTES OF EVIDENCE TAKEN BEFORE THE 2208. What was the estimated expense of the surveys ?-I think at that time about 3,000/. . ^, fc,,^rc.xra nnrl half 2209. Then about half that estimate was for the purpose of surveys and half for the administration of government ?-Not quite half; about 3,000 I. for sur- T2^f wS:Xrm:r% for the first year, or was it an estimate of the expense that would probably be required durmg the first few years- Di^ he commissioners contemplate any considerable mcrease of expense under the head either of administration of government or of surveys .^-They contem- plated an increase of expense, but not an increase of drafts upon themselves. The arrangement made was this: the commissioners intended to make an allowance to the colony to the extent of about 7,000/ at that time jt l,emg supposed that the revenues derived from customs would be very small m the first instance, but whatever sum would be obtained by taxes levied m the colony, that sum was to be applied to the government of the colony, m addition to the allowance. - x^ *.u *■ ■^v, *■ • 2211. Are the Committee to understand your meaning to be, tnat tnatis not an estimate of aU the expenditure that would be requisite, but only that portion of it which the commissioners would have to provide for by funds derived from loans in this country, leaving the balance to be supphed by the revenue which it was estimated would arise in the colony ?— It was I beheye estimated as the whole expenditure at first, because it was clear there would be little or no revenue at first; but as a revenue arose it was intended that the revenue should meet any increase of expenditure that might arise. 2212. Did the commissioners expect that any revenue that would shortly arise would be sufficient to meet the increase of expenditure, so that they should not be called upon to provide for a larger expenditure, than 7,000 /. ? — Not exactly ; they contemplated the possibility of occasional demands on them for certain expenses, but this was to meet the ordinary current expenditure. 2213. Mr. Wood.'] They thought that they might raise in the colony the amount of any extraordinary expenditure, in addition to that ? — Yes. 2214. Can you form any estimate of the amount of those extraordinary expenses ? — No ; there was no attempt to do that. 2215. Nor any provision made for them? — A provision was made to meet them. 2216. To what extent?— The commissioners raised a loan to the amount df 80,000 /. in the early stage of the progress of the colony, which was with a view of meeting any expenses that might arise. 2217. Chairman.li Was the Governor authorized to expend a certain Hmited sum only on public works and buildings, or was the amount left to his own discretion ?— There was, if I recollect rightly, nothing left to his discretion ; he was limited as to the amount. 2218. Was the amount within which he was restricted for the erection of public buildings or works in addition to that schedule of the colonial expendi- taxe ? — The chief expenditure was incurred in this country. The materials foi* erecting the public buildings were sent out from England in as finished a state as possible, the doors and windows being made ready for use. A certain esti- mated allowance was made for putting the materials together, and the colonial commissioner was instructed to obtain from the Governor estimates from tim6 to time of any further expenses^ and to send them to England for approval by the commissioners, but he was desired not to incur any expenses, except for the prevention of destitution, unless they had previously been allowed by -the commissioners. 2219. hord Mahon.'] When you state that no discretion was left to him, was there not a sum placed at his disposal in the event of unforeseen difficulties? —There was a sum placed at the disposal of the Governor in the early stage of the colony. I understand all these questions as referring to the early stage of the establishment of the colony, when, as far as, I recollect, there was no dis- cretion of the kind. The Governor took out with him 1,000 /. in specie, which was intended to meet unforeseen demands, in addition to which, the Colonial-office gave instructions to the Governor of Van Diemen's Land, and I think also to the Governor of New South Wales, to afford assistance in case of absolute necessity. 222O. Was SELECT COMMITTEE ON SOUTH AUSTRALIA. 197 2220. Was that Governor Hindmarsh. r — It was ; I am speaking of ttie first Rmland Hill, Esq. formation of the colony. • " 2221. Had not Colonel Gawler, on procseeding out to South Australia, a 25 March 1841. large discretionary power to draw for money in the event of unforeseen diffi- culties, such for example as a famine? — He had. 2222. To what extent ?■ — I beheve the credit was to the amount of 5,000?. ; it was a discretionary power, which was only to be used in extreme cases, such as a famine, or the destruction of the town by fire. ; 2223. Can you state what was the amount of expense incurred on account of the materials sent out from hence at the first formation of the colony ?— 7 I think about 2,000/. or 3,000 I ; 2224. Are you aware that a very large expenditure has taken place in the erection of public buildings, and in the survey department ?— 1 have understood that such is the case. 2225. Are you aware that long before the dissolution of the late Board of Commissioners the expenses of the survey department had amounted to a very large sum ? — I am aware that they had greatly exceeded the estimated amount. 2226. Do you know a paper called The South Australian Register? — I have occasionally seen it. 2227. It is a paper pubhshed in the colony ? — Yes. 2228. Is it a paper of any authority ? — I really cannot say what reliance is to be placed upon its statements. 2229. There is a statement in that paper of the 18th of July last, in which there is this passage : " Many of our readers remember the utter disorganiza-i tion of the entire survey department which existed on the arrival of Colonel Gawler, and we need not recal the sufferings that were endured, or enumerate^ the losses that were sustained, by the impossibility of providing land for the numerous persons who had purchased it in England, and who had embarked for the province, relying upon the assurances of the Colonization Commissioners that liiey would be placed in a position to settle on their farms immediately on arrival. When it was found that there was actually no surveyed land to give them, their disgust and disappointment exceeded all bounds ; discontent and grumbling broke out into open clamour, and at this moment the province is still suffering in England from the effects of the representations of individuals made at that time, under the influence of the feelings we have described. The Governor saw the danger at once ; he also saw that to save the colony from ruin, and the faith of the commissioners from irredeemable violation, their urgent demands must be satisfiedj and that, coute qui coute, land must be pro- vided forthwith." Are you aware whether complaints of the nature referred to here had reached the Colonization Commissioners during the time that you sfccted as secretary to the Board ? — Certainly they had* 2230. To what do you attribute the fact that settlers went out from hence in the expectation that they would be put immediately on their arrival in pos- session of the land which they had paid for a very great length of time before that expectation was fulfilled? — I attribute the expectations of parties that they would be put in possession of the land to the circumstance of the com- missioners having always declared that it was their intention to adopt measures to keep the surveys in advance of the demand for land, and of their having done their best to carry that intention into effect ; the disappointment arose from the inefficiency of the surveyors first sent out. 223 1. Do you attribute it entirely to the inefficiency of the surveyors, or to the insufficiency of the sum of 3,000 1, per annum, which was allotted by the commissioners to the survey department ? — I attribute it rather to the ineffi- ciency of the parties thaa to the small amount allowed. 2232. Then do you think the amount of 3,000 /. a year would have been sufficient if efficient persons had been selected to conduct the survey depart- ment ? — I certainly am of opinion that it would have been sufficient. 2233. By whom are those persons selected? — They are selected by the com- missioners. 2234. Did they undergo any examination previously to their appointment to that department ? — Yes ; they all, I believe, underwent some examination, ex- cept the heads of the department. 2235. By whom was" that examination conducted ? — The examination was conducted chiefly by the gentleman who was second in command, Mr. Kingston, . 0,21. c c 3 but igS MINUTES OF EVIDENCE TAKEN BEFORE THE JRotvland Hill, Esq. but Colonel Light, who was at the head of the department, was called upon — ^ to make an examination, and he reported that he was satisfied with the 25 March 1841. strength of the party placed under his control. 2236. Are the Committee to understand that no person was actually admitted without some examination by one or other of those officers ? — I think I could not speak quite so strongly as that; I cannot say absolutely that no one was admitted without examination. No one was admitted without either an examin- ation or testimonials, which were considered sufficient evidence of his fitness. 2237. Chairman^ The article in the paper which has been just referred to goes on to state that the survey establishment boasted " only of one or two- efficient surveyors, without instruments, means of transport, or materiel of any description." Is that a correct description of what the survey department was at the time that Colonel Gawler undertook the government of the colony ? — I think it is an exaggerated statement ; at the same time, I fear that there is very considerable truth in it, the surveyors having lost or destroyed, acci- dentally, I believe, a very large portion of the instruments they carried out. 2238. Were they provided by the commissioners with instruments and means of transport, and the necessary materials for conducting the surveys, or were they expected to provide those at their own expense ? — They were supplied by the commissioners with instruments, and to a certain extent with the means of transport ; but I think it very probable that the means of transport supplied were insufficient. 2239. Do you know how much land had been surveyed up to the time of the dissolution of the late Board, or up to the time of your connexion with it ceasing ? — No, I have no certain knowledge of that ; but a very considerable extent. 2240. Do you know the expense which had actually been incurred on account of the surveys up to that period ? — No. 2241. Do you think that the sum of 3000?. a year, during the period of rather more than three years that you were connected with the Board, would have been sufficient, if properly administered, to have defrayed all the expense of the land actually surveyed up to that time ? — Certainly I do. 2242. You think, in fact, that a sum of between 9,000 Z. and 10,000?. would have defrayed the expense of surveys up to that time ? — Amply sufficient. 2243. Were the surveys, up to that time, sufficiently in advance to meet the' demands of the emigrants who had gone out on the faith of being put in posses- sion of their lands? — Certainly not. 2244. What additional expense do you think would have been requisite to bring the surveys up to that point ?— My opinion is, that the allowance was sufficient if the persons employed had been active and efficient. 2245. Do you think, then, that a sum of between 9,000?. and 1 0,000 ?. would have been sufficient, not only to defray the expense of the land actually sur- veyed up to that time, but also to defray the expense of surveys sufficient to meet the wants of the emigrants upon their first arrival ?— Certainly, 2246. You are not aware of the amount which has been actually expended upon surveys up to the present time ?— No, I have no knowledge of it-; I should mention that the allowance for surveys was considerably increased during: the time I was with the commission. 2247. To what extent was it increased ?— To the extent of about 6,000 L a year. ' 2248 Do you think that increase would have been necessary if the sum origmaUy allowed had been properly administered by official surveyors ?— I can- not say that because there was a great and unexpected increase iii the demand tor land; 1 think the original allowance was amply sufficient at the time, but frfn. S i"f TT '" ^^"^ greater than the commissioners calculated upon, that an increased aUowance became necessary of '^1^;h?r r"" '*?*%^^f the surveying staff originally sent out consisted. ofj-I thmk it consisted of 10 or 11 survevors. and nn n^Pn„«t. r,n.v,K.. nf labourers. surveyors, and an adequate number of sioneJs? T do ttfriT '* '"""''^'^^ ^"'^^^ ^^^ ^^t^ority of the commis- s renShrf the TJ f\ vl' ^^'^^ ^''^' ^^^^^^"^ ^^^^ ^o the laumerical strength of the staff, but higher salaries were given, and there was a greater r^ "''i;S.^^ '^ ^ r°^""' ^S^tlj^' f«^ the cost of transport. ^ 22,,i. What was the nature of the survey which theywere directed to make; was SELECT COMMITTEE ON SOUTH AUSTRALIA. 199 was it a trigonometrical survey or a running survey?— They were directed to Rowland Hill, Esq. make both. In the first instance, when Colonel Light went out, the nature of ■ • the survey was left very much with him, and he commenced a trigonometrical 25 March 1841. survey, filling up the survey in the ordinary manner with the chain ; but when the commissioners found that the survey was making very little progress, and when Colonel Light reported that with his ptesent strength it would take a very long time (1 think three years) to survey a sufficient quantity of land to meet the .demand of the first settlers, the commissioners sent out instructions to have a running survey executed, which was afterwards to be checked and rectified by trigonometrical admeasurement. 2252. Was there any understanding or agreement between the commis- sioners and the emigrants as to the nature of the survey to which the emigrants would be entitled ? — Not that I am aware of. 2253. It was not understood as between the commissioners and the emigrants whether it should be a trigonometrical survey or a running survey ? — No. 2254. Lord Mahon.] Was there any difference at any time in the quantity of land which entitled the purchaser to a special survey ; was it always 4,000 acres ? — Always 4,000 acres. 2255. From the commencement ? — ^Yes. 2256. Chairman.] Are you of opinion that the expense of the surveys, what- ever it may amount to, ought to be defrayed out of the general revenue of the colony, or that it ought to be a primary charge upon the proceeds of the land sales ? — I think it is a matter of very little consequence which it is charged upon, provided the amount is kept within moderate limits. 2257. You are aware, of course, of the provision in the first Australian Act, by which the gross proceeds of the land-sales are applicable to emigration exclusively. Do you think it is desirable to adhere to that provision, or that it would be preferable to charge the expense of surveys upon the land-sales, leaving only the net proceeds applicable to the purposes of emigration ? — I think it very important that the sum to be devoted to emigration should be a definite sum per acre, and consequently it would be difficult to charge the proceeds of the land-sales with the actual cost of the survey. I see no serious objection, perhaps no objection at all, to making an estimated charge upon the proceeds of the land-sales for the purpose of the surveys, such a charge, for instance, as 1 s. an acre. 2258. Do you mean that you would charge 1 s. an acre additional to the purchaser in order to defray the expense of the survey, or that you would deduct 1 s. from the 1 /. which he pays for his land? — I see no objection to deducting it from the price of the land. 2259. That would,, in fact, be to render the net proceeds, not the gross proceeds, applicable to emigration ? — Yes, but defining the net proceeds. I see no objection to charging upon the price of the land a certain definite sum to be carried to the cost of the survey. 2260. Would not you fix that definite sum with reference to the estimated expense of the survey ? — Yes. 226a . And you think five per cent, would be sufficient for that purpose ? — A shilling an acre, I think, would be sufficient. The price of the land, of course, would not affect the cost of the survey. 2262. Assuming the price to be that fixed in the Act of Parliament, 20 s. an acre, you think five per cent, deducted from that would defray all the expense of the surveys ? — I think it would. 2263. Do you know what the amount of the actual expenditure on account of the .government establishments was before you ceased to hold the office of secretary to the Board; had it, in fact, exceeded the schedule given to the resident commissioner on the first formation of the colony ? — The expenditure, so far as the commissioners were aware of it, had exceeded the estimate, but in a slight degree only. 2264. What did the revenue amount to at the end of the first three years of the existence of the colony? — I think it was at the rate of about 15,000 /. or 20,000 I. a year at that time. 2265. You stated that you have no accurate information as to the present financial embarrassments of the colony, or the cause of them? — I have no information beyond that which every one else who has paid any attention to. the subject possesses ; I understand that the cause is the present resident commis- 0.21. c c 4 sioner 200 MINUTES OF EVIDENCE TAKEN BEFORE THE JimlandUiii, Esq. sioner having exceeded the estimated allowance for the expenses of government in the colony. %5 M^rch x^l. 2266. Are you sufficiently acquainted with the nature of the expenditure incurred by him to state whether you think that it was for the advantage of the colony ? — I certainly do not think it was to the advantage of the colony, inas- much as the expenditure has far exceeded the means of the colony. 2267. With reference to that expenditure, it is stated in the South Austra- Kan Register: "On the general propriety of that expenditure, so far as connected with the pubHc works in the town, at the harbour, and on the roads, there is but one feehng of approval among the colonists." Do not you think that the feeling which so prevailed was probably founded upon an impression that it was for the advantage of the colony that that expenditure should be actually incurred ?— As far as I know, the greater part of the expenditure would have been very properly incurred, had the revenue of the colony been sufficient to meet it. I have no doubt the colony wiU be benefited ultimately by the greater part of the expenditure. 2268. Donot'you think that some considerable expenditure on account of public works, take for instance a gaol, the improvement of the harbour, and works of that nature, must have been necessary during the first few years of the colony ? — I think that such an expenditure was highly desirable. 2269. Can you state what provision was made for meeting expenditure of that nature, and to what extent, so that the. Committee may be able to ju^e to what degreei the expenditure has been excessive, as distinguished from what was indispensably necessary ? — The principle upon which the commissioners proceeded was this : they said to the resident commissioner. We camaot estimate the necessary expenses which will be incurred in these several departments, but we wiU make you a certain definite allowance, and you vfiU employ that and the proceeds of the taxeSj in the colony in meeting the demands upon the colony ; therefore the resident commissioner was not precluded from an expen- diture upon public works, though no exact provision was made for such expen- diture. 2270. Are you aware what the expense of the police department has been ? — I have understood that it was very heavy ; but though the resident com- missioner was instructed to forward half-yearly accounts of his proceedings^ and quarterly accounts of the expenditure, up to the time that I left the com- mission none of those accounts had been received. 2271. Canyon account for that deficiency of accounts? — I believe that it arose during Colonel Gawler's time,, from the confused state in which he found the several public departments on his arrival in the colony. 2272. And which he was endeavouring to rectify ?— Which he was making his best efforts to rectify, as far as I am aware ; whether the accounts are still in arrears I cannot say. , 2273. Do you attribute that great deficiency of proper accounts in the early- period of the colony to the divided authority of the governor and the colonial commissioner, or to what other cause ?— I think a great part of it is attribu- table to that cause; I think it is also partly attributable to the pecuHar cir- cumstances which confined the choice of pubhc servants, both on the part erf Her Majesty's Government and the commissioners, to a comparatively smaU number of individuals. 2274. Captain A'Court:\ Were not Mr. Fisher and Mr. GilUes, the two first treasurers both found very irregular ?— Mr. Fisher was the colonial commis- sioner, and Mr. Gillies the treasurer. 2275. They were both irregular ?— Very much so indeed, as far as I can judge ; they did not send the accounts which they were from the first instructed' to send. 2276. Mv WoodA To what do you attribute the apparent ineffectiveness of so many of the persons sent out to administer the affairs of the colony ?— I at- tribute it to the circumstances I have mentioned; viz. to the divided respon- sibility, and to the choice being very much confined ; in the first instance it was necessarily confined to those who were going to the colony. 2277 ijidthat arise from negUgence in the selection, or from circumstances over which the commissioners could have no contrd?— From circumstances over which the commissioners could have no control; the greatest possible care was taken in the selection, as far as I had an opportunity of judging. 2278. Is SELECT COMMITTEE ON SOUTH AUSTRALIA. 201 2278. Is not that a circumstance that tends strongly to show the inexpe- Rowhnd Hill, Eaq. diency of founduig a colony upon this basis ? — I conceive there can be no ' doubt of the inexpediency of founding a colony precisely upon the arrange- 125 March 1841. ments which were adopted with reference to this colony. 2279. Lord Fitzalani] When you say that you were obliged to suggest officers from a very limited number of individuals, in what way was the num- ber limited ? — ^It was limited thus : The provisions of the Act prevented the commissioners from taking any steps for the purpose of exploring the colony, or surveying it previously to the departure of the first emigrants ; and the number of persons who would be wilUngto go to an unexplored colony of course would be comparatively small ; there was a considerable risk attending it. 2280. Mr. TFoorf.J Did the divided responsibility arise from an oversight in the arrangement, or from accidents which could not be controlled ? — I think it arose from an oversight on the part of the Legislature ; it was created by Act of Parliament. 2281. Chairman.'\ What remedy would you now propose for that? — I think it exceedingly desirable that the responsibility should no longer be divided in the manner it has been, between the commissioners and Her Majesty's Govern- ment ; I would throw it entirely upon one, or entirely upon the other, especially the financial control. 2282. On which would you throw it? — I am inclined to think that it would be better to throw it upon the Treasury. 2283. You mean, that you think it would be desirable to place the finances of the colony under the same control, on the part of the Treasury, which is exer- cised in respect of other colonial possessions of the Crown ? — I do. 2284. Mr. Hope ^ For the original appointment of the treasurer and the differ'»ot parties, were the commissioners at home alone responsible, or was there any divided responsibility in those appointments ? — Yes, there was, to some extent, a division of responsibility; the colonial commissioner, for instance, though acting under the instructions of the commissioners at home, is, by the Act, appointed by the Crown. 2285. Therefore, you conceive there was a division of responsibility between the Colonial-office and the commission before the union of the two offices of governor and colonial commissioner; you conceive, in fact, that the Crown were partly responsible for the acts of the colonial commissioner ? — ^Yes ; at the same time, I should state, in fairness, that the individual appointed to that office was recommended by the commissioners to the Crown. 2286. 'Was not the appointment left entirely to the commissioners ? — ^No, I think it was not. 2287. Was not the appointment made entirely upon their recommendation ? — I have no means of judging. The commissioners recommended Mr. Fisher, and he was appointed by the Crown, whether entirely upon their recommenda- tion or not, of course I am not able to state. 2288. Mr. JVood^ Did the commissioners recommend all the public officers who were appointed ? — I am not aware whether they recommended the first Governor or not ; they certainly acquiesced in his appointment, but I think they did not recommend him. 2289. Chairman.^ Are there any other alterations or modifications of the original South Australian Act which you think desirable? — I am afraid I have not the provisions of the Act sufficiently in my mind to answer without consi- deration. That which has been mentioned appears to me to be the most important point. 2290. Mr. J¥ood.~\ The colony was professed to be formed upon the self- supporting principle? — It was. 2291. When you first became connected with its administration as secretary to the commissioners, did you yourself believe that it would be able to support itself entirely upon that principle ? — Most certainly. 2292. Do you remain of that opinion now ? — 1 do. 2293. To what source do \ ou look for supplying the capital requisite for pro- viding the necessary original outfit, and for the annual current expenses, which, as you have said, must have attached to the colony in its earlier years before there was sufficient revenue to meet such expenses ?■ — ^To the source provided by the Act, to a loan. 2294. On what security was that loan to be borrowed? — On the security of 0.21. D D the 202 MINUTES OF EVIDENCE TAKEN BEFORE THE Rmland Hill,'Eaq. the future revenues of the colony, and those faiUng, on the security of the — ■■ r^ unsold land. 25 March 1841. 2295. Do you think that the requisite sum could have been borrowed at a reasonable rate of interest on such security ?— I think that had the Legislature afforded the colony that assistance which might have been afforded without at all interfering with the self-supporting principle, a loan might have been raised at a very low rate of interest. 2296. What is the nature of the assistance you contemplate on the part of the Government ? — I think it would have been judicious, previously to the passing of the Act, for the Government, at its own cost, to have explored the colony, and to have ascertained beyond all doubt whether or not it was an eligible place for colonization, and to what -extent there was available and fertile land, and also what would have been the best site for the capital. 2297. Do you consider, then, such undertakings and the incurring such expense on the part of Government to be a necessary preliminary measure to an attempt to found any colony on the self-supporting principle ? — I do not consider it absolutely necessary, but I consider it highly desirable. 2298. Was it necessary in this case ? — I think the colony, but for the unfor-* tunate extravagance of the colonial government, would have maintained itself and have paid off its debt without that assistance. 2299.. Then such original survey, carried on at the- expense of the Govern- ment, you do not consider to have been necessary ? — I before stated, that I do not consider it absolutely necessary, but highly desirable. 2300. You are of opinion, that had the affairs of this colony been judiciously administered it was competent to support itself upon tiie self-supporting prin- ciple, including those expenses of the original survey to which you have been alluding ? — Certainly. 2301. From what source should you have derived the necessary capital for the outfit and early expenses ? — ^I have already stated that I would have derived it from the source pointed out by the Act of Parliament ; I would have raised a loan, and then waited tiU the colony was in a position to pay off the loan. 2302. Could such a loan, in your opinion, have been obtained at a reasonable rate of interest upon the security of the colony alone, so circumstanced as you have last described ?-^The rate of interest paid by the commissioners was a very high rate of interest ; it was a high rate of interest, because parties were called upon to advance money in ignorance of the extent of the security; they were called upon to run a great risk. Had the security been known, the money would, in my opinion, have been advanced at a moderate rate of interest. 2303. Was it a higher rate of interest than was necessary under the circum- stances ?-^I think not; one of those circumstances being that the pubhc was in a state of uncertainty as to whether there was a good harbour, and as to whether there was any very great extent of fertile land. 2304. Was it a higher rate of interest than it was judicious for the commis- sioners to borrow money at for the purposes intended ?— The commissioners borrowed the money at the lowest rate of interest at which they could obtain the money, and therefore the only question for the commissioners was this. shaU we give this rate of interest or shaH we abandon the colony ? My opinion IS, that^the commissioners were wise in preferring to found the colony even under that disadvantage. ^ 2305. The object.of these questions has been to ascertain whether it is your opimon that the colony would have been founded and carried on prosperously upon the self-supporting principle, understanding by thkt principle that there shoidd be no outlay whatever on the part of the Government. You were under- have been'^^ ^""^ ^"^^* '* might ?-I still gay so,-I think it might par?o1;hI"-Yef ' '^' '°™"^ ' considerable sum of mon^ on the 2307. On the security of the Unsold lands ?— Yes ^ft' ?'' y«^,<^hink that on such security an adequate supply of moneV tr comiLTe^s to b '''' '' "'""^ '""^^'^''y 1«- '« -^k^ ^ wLZZ the commissioners to borrow money upon those terms ?— I do. th. W l!I '^ ^! ^^^ '^*' °^ interest ?-The rate of interest at which the first loan was raised was 10 per cent. ; the rate of interest at which Jhe second SELECT COMMITTEE ON SOUTH AUSTRALIA. 203 second loan was raised was about seven per cent. ; and I feel confident that R<»"lcMdlMi^sq. had the commissioners thought proper to raise a loan about the time that h 18 1 I quitted their service^ they might have obtained one at five per cent, with ^^ ^"^^ * ' perfect ease. 2310. Then you consider' that there would be no want of means of borrowing whatever sum was necessary for founding a colony upon this principle? — I think that the sum might have been borrowed ; but it is manifest that the higher the rate of interest paid, the greater the difficulty of founding the colony, and the greater the risk of wrecking the self-supporting principle. ' 231 1 . Do you consider that British capitahsts would be likely to lend money upon the security of unexplored lands, unproductive of income, to an extent sufficient for founding colonies, and for carrying on their government in their earlier stages, at a rate of interest which such a colony, from its future resources, could defray ? — I can only answer, that money was lent under those circum- stances. I think it very undesirable to make ainother attempt to found a colony lindfer the same circumstances. 2312. Do you' consider this- colony to have been successful with regard to borrowing money, and to their having obtained a sufficient supply for the purposes necessary ? — I think the colony, 18 months ago, at the period I left the commission, was then in a very successful state. 2313. To what do you attribute its, present embarrassments? — To the dis- obediience of the colonial commissioner to the instructions of the commissioners at home as to the expenditul-e of money. 2314. To that circumstance alone ? — Other circumstances may possibly have increased' the embarrassment, but that is the chief, if not the only circumstance which occurs to my mind. 2315. What other circumstances do you consider as having- increased the embarrassment ? — I do not call to reieoUection any other. 2316. Then you' attribute it solely to the non-obedience to orders on the past of the colonial commissioner ? — No, I do not attribute it solely to that cause ; that is the only cause that is now present to my recoHection;, but I caiinot say that I exclude all other' causes. 2317. You consider that the chief? — Undoubtedly. 2318. In that non-obedience to orders, do you consider that he has not been more or less justified by inevitable circumstances ? — I consider that he has not been justified at all by the circumstances. 2319. If the orders given had been fulfilled, do you consider that aU the existing pecuniary embarrassments would have been avoided'?— Certainly. 2320. Mr. Hope^ Have- you seen the report drawn- up by Mr. Parker to the Lords Commissioners- of Her Majesty's Treasury? — I have not. 2321 . WiU you turn to that report, and have the^goodness to read the passage now pointed out ? — " Mr; Fisher, the first colonial treasurer, unfortunately set the example of these irregular proceedings ; and at length, upon an inquiry being instituted, was removed, under circumstances of such grave suspicion, that, ha,d he possessed any property, legal measures would have been adopted to recover the sums for which he had rendered no account. Mr. Fisher was succeeded by Mr. Gillies, who appears to havebeen also most irregular ; but from the original connexion of this latter gentleman with the promoters of the colony, and cer- tain alleged services rendered by him in its formation^ there was a great indisposition on the part of the Governor, Colonel Gawleri \o remove him, which indisposition seems fully- to have' been felt by the commissioners at home." 2322. As you were connected with the commission from the beginning, can you state; what the services were which were rendered by Mr. Gillies ? — ^The services rendered by Mr. Gillies were great activity in promoting the sales of land. 2323. Mr. Vernon Smith.l What do you mean by activity in promoting the sales of land; by advertisements, and what is called puffing ?-— No ; I cannot admit that there was any puffing; by making known to his friendfe the advan- tages held out by the colony, and inducing them to become purchasers of land. By one of the provisions of the Act of Parliament the commissioners were required to sell 35,000 ?. worth of land before they took any measures with a view to colonization, and I need not point out to the Committee that it was a very difficult task to perform. 0.21. D D 2 2324. Was 204 MINUTES OF EVIDENCE TAKEN BEFORE THE Rowland 7iiiZ, Esq.- 2324.. Was Mr. Gillies an agent for conducting the sales ? — No, he was not an agent ; he did it without any remuneration. 25 March 1841. 2325. How was he employed by the commissioners ?— He was employed as a volunteer. The parties about to proceed to the colony were in the habit «, meeting at the rooms of the commissioners and affording their assistance in promoting the sales of land, and in making the necessary preparations for estabhshing the colony, i : 2326. Lord Mahon.'] Have you been able to form any opinion as to how far it will be necessary in future to apply the whole of the land fund of the colony to the purposes of emigration, or how far a portion of it might be used for other purposes ?— I think it will depend entirely upon the price put upon the land ; if the price is not higher than it now is, 1 1, per acre, I should consider it very unwise for the colony to apply any considerable portion to other purposes than^ emigration ; but, if the price be advanced, a portion of that price, might be so employed, I conceive. 2327. If the price were increased, do you conceive that it would be possible to devote a portion of the land fund to clear the colony from any burdens, that it may undertake for the relief of its present difficulties ? — I cannot answer that question decidedly; it is one that requires a good deal of thought ; but. my present impression is, that there would be considerable imfairness in employing any considerable part of the price of the land which may be sold hereafter in discharging claims upon the colony which have already arisenij inasmuch as no advantage would be derived by the purchasers from the fund so employed. 2328. Do you concur in the opinion which has been expressed by Mr. Angas^ that it would have been undesirable that emigration to South Australia should- have gone on this winter to the full extent of the land fund ? — I am not able to judge whether it would be desirable or undesirable, inasmuch as I am not now acquainted with the state of the colony. I think that up to the time when I ceased to be connected with South Australia the emigration, though very rapid indeed, was by no means too rapid. 2329. And you have no reason to suppose that it has since become so ? — I have no reason to suppose that it has since become too rapid ; on the contrary, I should feel certain that the number of emigrants sent the last twelvemonth is very much less than was desirable. 2330. Mr. Gladstone.'] You spoke of the disobedience of the resident com- missioner to instructions sent out from home as a great cause of the present embarrassments ; did you allude to the present resident commissioner. Colonel Gawlery exclusively ?— Yes ; there was a want of attention on the part of the previous commissioner also^ but he did not exceed his authority to the same extent that Colonel Gawler has done, as I am informed. 2331. Is it your opinion that the circumstances in which Colonel Gawler found the public departments of the colony, especially the surveying depart- ment, form no apology or justification for any part of the excess of expen- diture which has taken place under his administration ?— That certainly is not my opinion;; I think that a considerable portion of the excess of expeinditure under Colonel Gawler's administration of the affairs of the colony has arisen from previous mismanagement and neglect. 2332. In saying, therefore, that the disobedience of the resident commis- sioner has been the cause, you do not mean to say that it would have been practicable for him, under the circumstances, to confine htmself within the letter of his mstructions ?-Within the letter of his instructions he might cer. tamly because his instructions were of this nature : we Umit you to a certain expenditure, but if circumstances arise which render a greater expenditure necessary, submit those circumstances to our consideration, and if we approve of such expenditure we will authorize il;. ^^ n.^F^*.?" ^"^^ *i™^ ^^ ^°"^*^ ^^^« ^een practicable for Colonel Gawler to rnfoV.ove?f ^^^'\f •'^l^'^^^^J^' ^'•^^ *he time of his assuming Zinnc- fS^^Klfhr \^''^^ '^' ^"^'^ «f ''' revenue r-Certainly not, under- standing by the question the revenue raised in the colony. vpnnf to i '''■™J' ^f e^i^e is distinguished from the land fund ?— The re- Sw mrtlv^nf .1 '° ^^' ^^^V^' "^ government may be considered as con- sisting partly of the proceeds of taxes in the colony, and partly of the sums borrowed m this countiy by the commissioners. I think it would have been impossible SELECT COMMITTEE ON SOUTH AUSTRALIA. 205 impossible for the colonial commissioner to have confined his expenditure to Rowland Hill, Esq. the proceeds of the taxes in the colony, but that it would have been very pos- sible to have confined it to such a sum as might have been made up of those 25 March 1841. p!"oceeds and the allowance made in this country by the commissioners put together. 2335. You come then to the conclusion, that in a considerable part the expenditure which Colonel Gawler has incurred has been superfluous, or might have been avoided? — I am very decidedly of opinion that it might have been avoided ; that it should have been, at all events, postponed till the circumstances of the colony were such as to justify a large increase of expenditure. 2336. Can you state which part of the expenditure might have been post- poned ? — I am informed, whether correctly or not I caimot say, that a sum of about 25,000 I. was expended in the erection of a government-house and other, public buildings ; I think, under the circumstances of the colony, such an expenditure as that was exceedingly unwise. 2337. Are you aware whether there is any other portion of the expenditure for which there was not an urgent necessity ? — I have very little knowledge of the items of the expenditure ; those difficulties had not arisen at the time that I was connected with the commission, and since then I have, of course, had no means of judging, except the statements in the public papers. 2338. What was the exact date of your ceasing to be connected with the commission? — September 1839. 2339. When you say that the difficulties had not arisen at that period, do not you think that it would be more accurate to say, that the difficulties, so far as they had arisen, had not been fuUy made known to the commission ? — I think they had arisen in part, but were not known ia England ; but I believe that the chief expenditure was since that period. 2340. Do not you believe that when Colonel Gawler got out to the colony he found that there was an urgent necessity for a large and immediate expen- diture, both under the head of survey and of police ? — I have no doubt that there was a necessity for a large expenditure under the head of survey, and a large expenditure under the head of survey was authorized by the commis- sioners very soon after Colonel Gawler left this country. As to the police, I am quite unable to give an answer upon that question. I do not know what the circumstances of the colony with reference to its police were. 2341 . Was there not considerable danger, with respect to the subject of sur- vey, that the reputation of the colony might suffer very greatly in this country from the backward state in which the emigrants upon their arrival found the surveys, and from the reports that they sent home in consequence ? — There is no doubt that the reputation of the colony had suffered exceedingly from that cause, and that it would have suffered still more but for the measures adopted by Colonel Gawler. 2342. Mr, Wood.'] Was Colonel Gawler appointed before your connexion with the commissioners ceased ? — Long before that. 2343. Inasmuch as you attribute the present financial difficulties to Colonel Gawler's non-attention to his instructions, the commissioners who selected Colonel Gawler as resident commissioner are in some degree responsible r Undoubtedly. 2344. Were you correctly understood to say that you think none of the existing embarrassments arose from anything that had occurred in the com- mission previously to your ceasing to be connected with it ? — I think I have not said that ; if I have been understood by the Committee to make such a state- ment as that, I have been misunderstood. 2345. Then the embarrassment which now exists is in part owing to what occurred previously to your ceasing to be connected with the administration of the affairs of the colony ? — No doubt it is. 2346. When you state that your confidence in the self-supporting principle is undiminished by anything that has occurred, in what degree do you con- template allowing Government interference in the management of the finances of the colony ? — I am not aware that I have stated that it is undiminished. 2347. From what has occurred with reference to South Australia, is your confidence in the self-supporting principle diminished ?— It appears to me that the experiment which has been tried with reference to South Australia shows 0.21. D D 3 that RoKuland Hill, Esq. 25 March 1841. 206 MINUTES OF EVIDENCE TAKEN BEFORE THE that some of the provisions of the Act were objectionable-, but that if the experiment were to be repeated with some modification of the arrangements the results would almost certainly be successful. , , .i, ' 1 2348. Are those objectionable- provisions such as have only shown themselves since the experiment has been tried, or are they such as might reasonably have been avoided if due consideration had been given to the subject before- hand ?— I think they were not such as could, under ordinary cu;cumstances, have- Itppu lOrGSCGH* 2349. Then the making an experiment, and the failure of that experiment, seems to have been necessary to enable us to arrive at right conclusions as to the plan upon which it was expedient to found a colony upon the self-support- ing principle ?— I have not admitted that- the experiment has, failed even m South Austraha. . 2350. Failed to the extent to which it has, in not being able to support itself without aid from the Government?— Perhaps I am not sufficiently acquainted with the present state of things ; I certainly am not aware that that fact is estabUshed. 2351. Are you aware that Parliament has authorized a loan to the extent of 156,000 I. to reheve the colony from its present pecuniary- embarrassments ?— I understand that such is the case ; but if the colony should hereafter be able to discharge that debt as well as the previous- debt, I. conceive that it may still be considered as having supported itself. 2352. Does not that answer amount to this, that if it is able to support itself, it will show that it can support itself? — No ; I conceive that if I lend^a trades- man a sum of money, and he- pays it to; me back againj he may still be said- to. have supported himself. 2353. How will the case be if the colony should not be able to pay this, money? — Then, certainly^ the self■^supporting' principle vdll have failed, as regards South Aoistralia. 2354. Can that be said to be self-supporting which cannot get on vdthout having a large amount of extraneous pecuniary aid ?— It depends upon whether you use the' term indulgently towards the colony or otherwise. 2355. How do you interpret the phrase "' self-supporting"? — Lookingat the experiment indulgently, I should say that if the colony should hereafter be able to discharge the whole of the obligations upon it, it may be considered as having supported itself, notwithstanding- the temporary assistance from the Government. 2356. You mean that it. ought to repay the necessary advances on its behalf, provided that it has the means of doing so, hereafter ? — Certainly, unless the self-supporting principle is abandoned. 2357. Do ; you; contemplate, in any colony so founded, the probabiUty of Government aid being requisite, more or less, at particular periods ? — I consider that it is very desirable that in any colony Government aid should bje afforded from time to time ; I merely hesitate to acknowledge that such, assistance is absolutely necessary. My opinion,, confirmed by the experiment with regard to South Australia, is, that it is possible to establish a colony without any aid. from Government whatever. At the same time, I. think it v.ery desirable that, in the case of every new colony the Government should afford a certain amount of assistance. 2358. Confining the question to the present case,, do you think the colony could have got on without the aid of Parhament upon the present occasion?— I think not, under the present circumstances. 2359. Do you think the aid which has been afforded is larger than neces- sary ?— -I have not the means of judging. I have no reason to suppose the sum larger than necessary. 2360. Do you feel assured that further aid may not be necessary from Par^ iment ?— I have no means of formina: an oninion nn thp siibiAr>+ forming an opinion on the subject. hament \ 2361. luoxd. Fitzalan.-] With respect° to the uniform "price oFland, have you formed any opinion whether it is prudent to seU the whole of the land at a fixed price, one acre with another, as is at present done?— I have a very strong opmion in favour of the principle of uniformity ; I am not prepared to say that an exception should not be made in the case of the most valuable town-lands, but speaking of it as a rule, I consider that it is highly advantageous, and one that ought to be adoptedj if possible, in every colony. 2362. Mr. SELECT COMMITTEE ON SOUTH AUSTRALIA. 207 2362. Mr. Wood,] Do you think there should be no reference made to the Rmland Hill, Esq. difference of quality in the land ? — ^None whatever. 2363. Why do you think that land difFering in quality should be sold at a 35 March 1841. uniform price ? — I conceive that in a new colony a uniform price regulates the occupation of the land in the most desirable manner. It is manifest that under such an arrangement the land will be called into occupation, partly according to its fertility, and partly according to its position with reference to markets and roads, and so on ; that is to say, it will be called into occupation precisely in the order in which the different portions of land reach in value the price fixed upon, and that I beheve to be the most desirable order in which land should be occupied. 2364. Lord Howick.'] Are you not aware that in the case of South Australia there were many blocks occupied at the same time, of which the price differed very considerably ? — I can scarcely conceive that possible under an arrange- ment establishing an uniform price. 2365. It is in evidence before this Committee, fhat on the first selection of land by the persons entitled to claim land, the different lots which they selected, from the moment of selection, differed very greatly from each other in value, some selling for as much as 10 1, an acre, and some for as little as 1 L, the original price ? — Undoubtedly that would be the case at the commencement, inasmuch as the occupation had been waited for. In the starting of a colony, such a state of things is unavoidable; but afterwards, when all the parties who had a right to choose land had selected their land, then all future lands would be selected in the order in which they acquired the necessary Value. 2366. At the first foundation of a colony, you admit that it will happen under this system, that two persons may get two lots of land at the same price, which may differ from each other in value in the proportions of 1 1, and 10?. ? — It is possible at the formation of a colony. 2367. Do not you consider that in the case of the person who only pays 1/. for land, which the moment it is sold to him he can sell for 10 1., there is 91. which might go towards the expenses of the colony needlessly sacrificed on the part of the public ? — No I cannot admit that ; I think it is very possible tlasCt some portion of that difference may be applied with advantage to the service of the public, but it is manifest that the expectation of obtaining such an advance would have assisted the commissioners in selling the land. 2368. According to a statement which has been made to the Committee, it appearSj, that amongst those who bought land at the same time, there was a ballot for priority of choice, and that the early choices were in the nature ©f prizes in a lottery, and were worth a considerable sum of money to the fortu- nate drawers ; is that a correct description of what took place ? — It was so. 2369. On the other hand, in the formation of the town of Melbourne, at Port PhiUip, and the establishment of the surrounding district as a colony, the land was sold by auction according to its value ; and it appears that the land within five miles of the town, country lots, averaged 10 Z. an acre ; does not it appear to you, that according to that plan, a considerable sum was obtained for the first expenses of forming the colony, which might equally have been realised in the other case ? — I have already stated that I have great doubts whether an exception should not be made with reference to the lands of the capital town, and therefore I am prepared to admit that there may have been an advantage in excepting the lands of the township of Melbourne from that general rule ; but with regard to all other lands, I would call to the recollection of the Com- mittee, that the parties had occupied the neighbourhood of Melbourne before the lands were sold, therefore they were, upon the spot to purchase the lands under any circumstances under which they might -be offered. With regard to South Austraha, owing to the provisions of the Act of Parliament, it was necessary that the commissioners should induce parties to go out, running the risk of finding the lands of inferior fertility, and of .inferior value ; and in order to induce them to run such a risk, it was necessary that they should have the means of holding out an expectation to parties of also finding lands of very high value ; and it was that uncertain advantage, (which I admit was similar to the prizes in a lottery,) which induced parties to go out, who but for such an advantage, probably would not have gone. 2370. Might not equal advantage have been held out to the colonists by taking care that the whole of the money received for the land, if it had been 0.21. D D 4 sold Metuland 208 MINUTES OF EVIDENCE TAKEN BEFORE THE Hill, Esq. sold according to its real value, should be applied for the benefit of the whole community, instead of giving prizes to a few fortunate individuals ?— I fally 25 March 1841. admit that anything which is dependent upon chance is so far objectionable; but I fear that the parties would not have been contented with a share in some general and uncertain advantage such as is referred to. 2371. Mr. Wood.'] But if in the progress of a colony you sell all the land at a uniform price, will not this be one of the consequences, that some blocks, being of inferior quality, wiU remain undisposed of, whilst the land of better quaUty is sold ? — Certainly. 2372. Will not that be prejudicial to that regular progress in the sale and culture of land, which has been considered as desirable, and which is considered to be part of the plan denominated Mr. Gibbon Wakefield's plan ?— I am of opinion, that if any one has formed such an estimate of Mr. Wakefield's plan, he has entirely mistaken it ; my opinion is, that it forms no part of his plan. 2373. Will you show in what it differs from his plan ? — Mr. Wakefield's plan is to estabUsh a uniform price for land, and to allow its settlement and occu- pation in such order as that uniform price will lead to. It is no part of Mr. Wakefield's expectation — I am certain, from personal communication with him — ^that pieces of comparatively sterile land should not be left unoccupied. 2374. The question did not refer to sterile land, but land of inferior quality? — " Comparatively sterile land " is the term I used ; " inferior land " may be substituted for it. 2375. You think there will be no objection to leaving all the land, which is not of the first class, unoccupied, till all of the first class is occupied ? — No, that is not the order in which the land will be occupied ; in attempting to describe the order, I stated that it would be partly according to position, that is to say, proximity to markets and to roads, and partly according to fertility ; both enter into the consideration, and go to constitute the value. 2376. With that understanding, do you consider that all the fiirst class land should be occupied before any of the second class is called into culture ? — Yes. 2377. Even though at a reduction of price it might be worth while to culti- vate some of the second class along with the first ? — Certainly ; I am of opinion that it is better that the land should be occupied, as it would be occupied under a system of uniform price. • 2378. Might not that interfere with the local government, and with the making of roads ?— I cannot see how it can interfere with the making of roads. 2379. At whose expense would the roads be made across the land of inferior quality, in order to get at the land of better quahty more remotely situated ?— At the expense of the colony. 2380. Was it not a part of Mr. Wakefield's plan, that it was better to en- courage the sale of land in the immediate neighbourhood of the colony, than to let the settlers ramble at large over the whole of the district, according to their own fancy, thereby very much interfering with the consolidation of the popula- tion, and with the progress of civilization?— Mr. Wakefield's plan is to induce people to settle upon the land in the order in which it acquires a given value, that value being made up partly of the position, and partly of natural fertility ; and It IS manifest, that one of the results of such an arrangement would be that land of inferior fertility would come into occupation after land of superior fertility, the distance from the markets, and the other circumstances being equal. That I am certain is a result which Mr. Wakefield and the other gen- tlemen who have promoted the plan never overlooked for a moment. 2361. Mjght not the way in which the land would be taken up for cultiva- tion be modified if you offered it at a price according to its intrinsic value, and not at an arbitrary fixed rate, irrespective of variations in quality ?-There IS no doubt that it is m the power of the authority which regulates the price .Lp of *^'^d"'=^Pf^tles to occupy it in any order; I could conceive of a W ^^P""^' y^^^^i ^o^ld mduce parties to occupy the least fertile land colon '"^^^""^ ^''''^ ^ '■^'''^^ ^''''^^ ^°^ ^^ ^° ^^^ advantage of the 2382. The question has not reference to a mere imaginary scale, but to a scale that would fix the price according to the difference in value, arising out of difference of fertility ?-It appears to me that a uniform price tends to the SELECT COMMITTEE ON SOUTH AUSTRALIA. 2og the occupation of the lands in the best possible order, namely, that order in Boiulmd Hill,Esq. which, under circumstances tending gradually to augment the value of the land — generally, it arrives at a given price; I conceive that to be the best possible mode '^s March 1841. of regulating the occupation of land; Isee no advantage whatever in forcing or even inducing people to occupy land of inferior fertility, merely because it happens to be next to a piece of land of superior fertiUty, which happens to be occupied. 2383. Dp you consider Mr. Wakefield's principle to be to leave things as much as possible to their natural course ? — Certainly. 2384. Is it not an interference with that natural course to sell land at an arbitrary price, without reference to its intrinsic value ? — I am not aware what is meant by an arbitrary price ; the price of all land must at first be arbitrary, whether it is a uniform price or a varying price. 2385. What was meant by an arbitrary price is a fixed uniform price for all land irrespective of circumstances? — A uniform price appears to me to be the best possible arrangement, inasmuch as it takes into account all the circumstances which constitute the value of land, namely, fertility and position ; if you regulate the price of land simply with a view to fertility, then you neglect position ; if you regulate the price of land solely with a view to position, then you neglect ferti- lity ; a uniform price, leaving people to take the land wherever they please, brings both circumstances into account. 2386. Is it not possible to regulate the price by the conjoint operation of fertility and position ? — A uniform price does regulate it by the joint action of fertility and position. 2387. How can a uniform price possibly regulate it by those two circum- stances ? — A uniform price determines the time when the land shall become occupied ; in South Australia, the price of land being 1 1, per acre, as soon as a piecei of land becomes worth 1 1, per acre, whether its value is given by fertility or by position, or, what is most likely, by a combination of both, it becomes occupied ; it is not occupied till then, and it is not likely to remain unoccupied long a,fter it has acquired that value. 2388. Was that principle followed in the first sales that were made, which have been referred to in the question of Lord Howick, where the appropriation was determined by lot ? — ^Yes, it was observed as entirely as it was possible under the circumstances to observe it. 2389. Was it followed out according to that which you have been describing as the plan which is best to be pursued ? — Yes. 2390. Was it left to purchasers to select their own plots ? — ^Yes. 2391. Was there not an appropriation by lot ? — There was a determination of the order of choice by lot, but the parties were left to select where they pleased. 2392. Were not those persons who drew unfavourable numbers placed in a worse position than those who drew the earlier numbers? — After they had drawn their numbers they were in a worse position, undoubtedly ; previous to drawing the numbers they were in the same position. 2393. They acquired by that means land of inferior quality ? — Inferior to that which those who had been more fortunate had acquired, but not inferior to that which was open to general choice, inasmuch as they had a selection from among all the unselected lands. 2394. Was not the choice hmited by what had been surveyed?— It was limited at that period by the lands which were then surveyed, but every party had a right to determine for himself, whether he would make his choice at that time or defer it indefinitely. 2395- Was not it also limited by contiguity to the capital ?— Not further than it was limited by the extent to which the surveys had been carried. 2396. How far had the surveys been carried at the time referred to, when this appropriation by lot took place ? — The appropriation of the land was a con- tinuous operation, it did not take place on a certain day and then cease ; there was a certain day when it was declared by the colonial commissioner that the lands were open to selection, but no one was obliged to make his selection at that time ; if he thought proper, he deferred it till other lands were brought under survey. 2397. Was not that an appropriation by lot ? — No, there was never any appropriation by lot ; there was a determination of the order of choice by lot, but no appropriation of ]and by lot. 0.21. E E 2398. Does 210 MNUTES OF EVIDENCE TAKEN BEFORE THE Rowland mi,-Esq. 2398. Does that method of determining the order of choice by lot still con- '^ tinue ? — No. -. j j 5 35 March 1841. .2399. Is the principle of priority of choice by lot entirely abandoned i' — The principle of priority by lot comes into operation very rarely ; it comes into operation under these circumstances; when two parties apply for the same piece of land, and for precisely the same amount of land, then, and then only, the determination is by lot. 2400- Has that always been the case ?— That has always been the case. 2401. Was that the case in the first instance? — That was the case from the first, with the exception of the peculiar arrangement which regulated the appro- priation of the very first lands purchased in this country. 2402. Was there not a great deal taken up under the appropriation by lot?— Yes, there was about 60,000 acres to be taken up under that arrangement. 2403. Within what limit was that choice confined as to the contiguity to the capital ? — I have already stated that it was not limited at all with reference to contiguity to the capital. A certain amount of land adjacent to the capital was surveyed, and certain favourable spots, remote from the capital, were also sur- veyed. It was then declared by the authorities that parties might choose their lands, and the order of choice having been determined by lot, the person who held No. 1, made his selection, and then No. 2 made his selection, and so on ; each, however, being at liberty to defer his choice indefinitely till other lands were surveyed if he thought proper, and many did so defer their choice i 2404. How much of the 60,000 acres was actually taken up at that time ? — That I cannot say ; there are documents which would show ; I think not more than half 2405. Over what range of land actually surveyed at that time do you think they had a choice in choosing those 60,000 acres ? — I think they had a range to the extent of about 1 00,000 acres ; but though the division lines were at this time laid down on the map, they were not marked in the field tiU afterwards. 2406. Do you wish to state anything further with regard to the administra- tion under Colonel Gawler ? — As I have reluctantly been obhged, in the course of this examination, to attribute blame to Colonel Gawler, I am desirous, in justice to that gentleman, to add, that in my opinion he was placed under most difficult circumstances ; that he found the colony in a very unsettled state on his arrival there ; that he exerted himself exceedingly and most successfully to $,llay dissensions which he found existing ; and that, with the single exception of deviating from the instructions of the commissioners as to the extent of expenditure, he so conducted himself as to add very greatly to the welfare of the colony; that in all other respects he was a most excellent governor.- George Fife Angas, Esq. called in ; and Examined. G.RAt^ Esq. 2407. Mr. Wood:] ARE you now prepared to give the Committee information with regard to the position of the aborigines in South AustraUa?— I wish to lay before the Committee an account of their position, in a legal point of view, m the first place, then to state what is their actual position in the colony, and what are the means by which their condition may be improved. 2408 From whence is your information regarding their legal position derived ?-It IS derived from an examination of those parts of the Act of Par- hament which affect the position of the aborigines. This I hold to be a point ot very great importance, because it is owing to the deficiency of the Act that no measures for their amelioration have been adopted. With respect to the Act I conceive that those words in the preamble, which declare that South Austraha consists of waste and unoccupied lands, clearly exclude the aborigines from any advantage whatever arising from the land ; it does not even recognise nnm.n5?nr''-i.I^'^ ^^ ^" '^^'^^^^^ ^" ^ ^^S^l Poi^* "f ^ew, therefore ZEp .n A"""!. i^'r^S ^'' *"^ ^^ ^^^ commissioners. The natives cannot C^?l tr? } T^C ^^l «««i«i^ssioners are to declare, according to the Act, Britkh .S- ? *^' said province are public lands, open to purchase by 5«!r. ^ / ; consequently, the natives can hold no property. In the next fiS. /r"" A . -^^^ ^^"^ ^^ ^^SaUy made to the aborigines, because in the sixth tW tLc ^A S- 1' '?^f ^^^* ^^^ 1^^^^ ^^« Public lands open to purchase, and that the said pubhc lands shaU be sold in pubhc for ready money Also in the 20th section of the Act it is declared that "The pubhc lands of the said pro- vince SELECT COMMITTEE ON SOUTH AUSTRALIA. 211 vince or provinces then remaining unsold, and the monies to be obtained by G. F. Angas, Esq. the sale thereof, shall be deemed a collateral security for payment of the principal and interest of the said colonial debt." Hence it follows, if I am ^5 March 1841. correct in my construction of the Act, that the selection or grant of lands made by Colonel Gawler on behalf of the aborigines at Adelaide and Encounter Bay, of which we have had recent advice, is positively illegal, and should the aborigines settle upon and improve them, it will end in their disappointment, unless there shall be an alteration in the Act hereafter. It places them in a^ very difficult position. I think, too, that positive injustice has been done to the natives by the Act itself, inasmuch as a portion of land was occupied by them at the time the Act was framed, notvnthstanding it declares that there was no land occupied. The missionaries inform me that every adult native possesses a district of land which he calls his country, and which he inherited from his father. Some of them, indeed, say that they gave their land to the whites, and that they have received in payment for it a little rice, biscuit, and sugar. It will be manifest to the Committee that, as the law stands, they are an unauthorised body in the colony, and that while it remain so no measures whatever are likely to be adopted for their improvement. I felt it my duty to bring that point specially before the Committee ; it is, in fact, the foundation' of all future attempts to ameliorate their condition. The natives, however, by another clause, are entitled to the protection of the laws of the province, which also they are bound to obey ; for the Act declares, " That aU and every person who shall at any time hereafter inhabit or reside within His Majesty's said province or provinces shall be free," &c. In another part it says, " But shall be subject to, and bound to obey such laws, orders, statutes and constitutions as shall from time to time be made, ordered, and enacted for the government" of South Australia. When I had a seat at the Board of Commissioners, this view of the Act impressed my mind so forcibly, that it was brought repeatedly before the Board, but it was found that we could not legally take a movement on behalf of the aborigines of the colony while it existed in its present form. I mentioned the position of the natives to the Secretary of State for the Colonies, Lord Glenelg, and submitted a plan to his Lordship for their improve- ment. It was not, however, found expedient to make any change at that time, and it has continued so to the present day. 2409. Mr. Gladstone.^ You say it was impossible to make any one movement on behalf of the aborigines ; does not that require some qualification ; have not some things been done in the colony itself ? — I was going to make a qualifi- cation ; I alluded in my remarks to the legal construction of the Act, and to the tenure of land ; I stated in respect to their present position in the colony, that they are protected by law ; the aborigines' protector defends them, and their evidence is taken in courts of justice. They are not allowed, however, to hold any private property ; and they are also partly supported by the govern- ment, which has erected huts for them. They are allowed to hunt on the waste lands, and to occupy a location on the Park-lands ; they have rations allowed occasionally, and are at liberty to work. They are instructed by missionaries, who are supported by the voluntary contributions of a foreign society. The society which sent these missionaries out is, I suppose, the first foreign society which has established missionaries in a British Australian colony. It is styled the EvangeUcal Lutheran Missionary Society of Dresden, conducted by a number of noblemen and gentlemen. They established a native school early in 1840, and have devoted twelve months to the acquisition of the native language ; they have completed a vocabulary and a grammar of the native tongue. Each of the tribes speaks a different language ; hence it is very difficult for the missionaries to converse with them, for after they had acquired one language, they had to proceed to a second, and so on, in order to communicate with the other tribes. Their greatest hope of amelioration seems to arise from the instruction of the children. In the school at Adelaide they are taught for an hour or two daily, and are supplied with a little rice and sugar, as an inducement to attend the school. At first, the parents were exceedingly unwilling for them to attend ; a great improvement, however, has taken place upon that point, for now the parents are anxious to send them. About 20 of them are able to spell words in their own language pretty well, and ten of them have a tolerable knowledge of sacred history up to the time of Abraham. 2410. Mr. Wood.} Are they not instructed in the Enghsh or the German E E 2 language? 212 MINUTES OF EVIDENCE TAKEN BEFORE THE G. F. Angas, Esq. language ?— Not at all ; they have found it impracticable to instruct them in the English language at the beginning ; a knowledge of the English wiU follow 25 March 1841. ^^ acquaintance with their own language. 2411. Is it found that to give them instruction in their mother tongue is the best means of promoting their education and civilization ? — ^That is the result of their experience ; these missionaries are very intelligent and highly educated men from the first colleges in Prussia. The children come to school almost in a state of nudity ; some of them are clothed with a native cloak, and others with a rag of European clothing. The missionaries are compiling .a spelling-book, which they expect will very soon be completed. Captain Gray, the present governor of South Australia, has published a vocabulary of the dialects of South Western Australia, and is resolved to encourage the improve- ment of the native language in South Australia upon his return ; thereby they will probably have a very able coadjutor in that particular work. With regard to the location of the aborigines, we find that there is one tribe at Adelaide, comprising about 150 persons; another at Encounter Bay, of about the same number ; one at the Barossa Range, consisting of above 100, and another at Port Lincoln of nearly the same number ; therefore I calculate that there are about 500 natives known to exist in South Australia, independently of what is termed the Big Murray tribe. 2412. Captain -4' Cowr^.] Do those four tribes speak the same language?— They all speak the same language, but with very great modifications. 2413. Mr. Wood] You mean to say that they speak different dialects of the same tongue r — So different that they can scarcely be recognised as the same languages. 2414. liordi Fitsalan.] Does the population appear to increase? — I have a return for the last year, which states that there has been a decrease of one or two ; in that respect it appears to be different from the records of other colonies, inasmuch as there seems to be little diminution of the native population. The Big Murray tribe, which js included within the limits of the colony, is the tribe that destroyed the crew of the Maria ; they are a most ferocious set of men, with whom the colonists have not come much in contact. One of the mis- sionaries had resolved to go and settle amongst them, and form "a sort of Moravian village, but they have had such frequent encounters with the stockmen (the convicts of New South Wales, who have come over to Adelaide with stock), as to have produced a determination on the part of the natives to avoid all intercourse with the whites. The missionaries hope, however, as they progress, to visit them, and, by a proper explanation of their position in the colony, to induce them to become more peaceable. 2415. Mr. Wood.'] Have you any information as to the extent in number of the Big Murray tribe ? — I suppose it consists of from two to four hundred. It is a tribe that is fast decreasing. They are afflicted with the venereal complaint in the most distressing manner, according to the testimony of Captain Sturt. 2416. Mr. Gladstone.] Have they got that from Europeans ?— No. It has always been considered that the natives of Australia had received the disease from Eurppeans ; but I have it in my power to show that it is erroneous ; first, because of their native habits, which are such as must inevitably produce that complaint ; in the next place, from their having words in their own language which describe it ; and some of the tribes are known to be afflicted with that disease who have never had communication with white people. With regard to their employment, about four years ago the company instructed their colonial manager to introduce the natives into the whale fishery, and I am happy to say that the last report intimates that one of the whale boats is manned entirely with the natives, who make most admirable marksmen and are very manageable. • !♦ will now refer to the location of the German missionaries, of whom there are tour, and their relative position in respect to the natives. Those gentlemenare connected as I have stated, with the Missionary Society of Dresden, conducted, by some ot the leadmg men in Prussia. Mr. Schurmann, who was formerly at J^ncounter Bay, has lately been appointed to the office of deputy-protector of iiq^ 1 • j^"^^"^\¥ ^^^ Lincoln. Messrs. Teichelmann and Klose reside at Adelaide and Mr. Meyer and his wife are intending to settle at Encounteif nJ' ^n ^ 'missionaries, Schurmann and Teichelmann, went out with colonel Gawler m 1838, and have ever since been under his protection. JVlr. Meyer and Mr. Klose took their passage in a vessel of mine in May last. Mr. SELECT COMMITTEE ON SOUTH AUSTRALIA. 213 Mr. Meyer, after inspecting the native school at Adelaide, informs me, in a G. F. Angas, Esq. letter written on the 15th of August 1840, that "A spacious schoolhouse has ■ been erected by government, in which the brethren daily instruct a number of [25 March 1841. the neighbouring children in singing, spelling, and reading their own language; we were truly gratified with the black, half-naked little creatures, their good conduct and attentive countenances." The Big Murray tribe is placed in cir- cumstances unfavourable to civiUzation, but nevertheless the missionaries are determined to make an attempt to reach them ; they have arranged with Pastor Kavel, who is the German minister, to remove some of the German famihes into the interior, where they may have communication with these people, and attempt the formation of a missionary village immediately adjoining the native district, and some persons in Berlin have resolved to go out and settle amongst them. It will be, however, rather a dangerous undertaking. With respect to their moral condition, I beg leave to put in a report of Mr. James Backhouse, who is known as a very benevolent man ; he visited South Australia, and this extract from his Journal relates exclusively to the aborigines of that colony. 2417. Does it come from Mr. Backhouse to yourself? — It is his Journal ; it is in print, but not published. [The same was delivered in, and is as follows :] Extracts from the Journal of James Backhouse, South Australia, December 1, 1837. The blacks here are very peaceable, and though much hke those of other parts of Australia, most persons admit that the pictures they have seen of them in England are caricature likenesses of much more forbidding aspect than the originals. I think those that I have seen here have not, however, quite such large mouths as some in other parts. Only one European has lost his life from them, and this was the result of his own profligacy. The man who destroyed him is awaiting his trial as a prisoner at large in the day-time, with a party of marines, about 19 of whom constitute the armed force of the province, and are said to be among the most disorderly of its inhabitants. At one time this black was imprisoned on board a ship, but was removed by the governor, who repri- manded the parties that had the man in charge, but treated him like a wild beast, and this irritated him, and on one occasion headed him up in a cask. A protector of the blacks is appointed here, but hitherto little has been done for their amelioration. They obtain articles of food or clothing, or receive payment in money, with which they buy bread, for turns of work done for the settlers ; but they have not yet any con-ect idea of the relative value of money and labour, which it is important they should be instructed in. December 6. In the evening there was some excitement among the blacks, consequent upon two of them having accidentally received some injury from the gun of a man shooting a quail, who, being intent upon his bird, did not see them among the grass. December 7. A threat was made that if either of the blacks shot yesterday died, the others would burn the hut of the man who shot them ; and he, in his fear, magnified this into an assertion that they were coming to burn the huts of the neighbourhood, and per- suaded some of his neighbours to watch with him. In the night, one of the blacks acci- dently going to the river to drink, took with him a fire-stick, according to their usual custom (for they do not move in the night without a light) ; this was mistaken for a desire to set fire to the huts that laid in a direction of the river, and a hue and cry was raised after the blacks, who also were fired after, but, it was alleged, not with intent to hurt them. They were, however, left in a state of considerable excitement. This happily was ultimately allayed, and the matter explained to them by the protector, who bestirred himself to see that the people were not taking the matter into their own hands. . Robert Cock, who we are glad to find much interested for their welfare, took some pains with them, and they were persuaded to come to the commissioner's store, where they received some potatoes and other food. The governor also took advantage of the occasion to assure them of his protection, and to invite them, in all cases of uneasiness, to seek redress of himself and the protector, as well as to inform the European population, that in case of their taking the law into their own hands in any cases of imagined intention or actual offence from the blacks, they should be dealt with according to law. It is evident that it is of the utmost importance to impress upon both communities that they will not be allowed to avenge themselves, but that the law is open for the redress of both. Something, however, requires to be done to render the evidence of the blacks available, or they will not stand on even ground with the whites. The day was extremely wet, and very cool. About a score of the aborigines took shelter under J. B. Hack's verandahs. They were chiefly clad in rugs of skin, which they wear fastened over the shoulders, extending to the knees, or in fragments of European clothing. Their bodies are not so much cut as those of some other tribes we have seen that go more entirely naked. Some of the men wear red ochre and grease in their hair. They appear rarely to wash themselves, and consequently they have an unpleasant smell, much like what we have noticed among prisoners of filthy habits in New South Wales ; and, from this similarity, I am disposed to attribute the unpleasant smell of blacks, not to their colour, but to the want of personal cleanliness. The hair of these 0.21. E E 3 blacks 21 4 MINUTES OF EVIDENCE TAKEN BEFORE THE "eeessary consequence. We heard of two children (both females) being rescued, or rather of Therdestruction being abandoned, at the intervention of Europeans The women do, not appear to live in any dread of their husbands ; and it is said that there are no chiefs amonfthe men, but that the population is associated m families. Kangaroo s teeth are fastened to the locks of hair of the children, before and at the sides as ornamen s; and often [S of feattrs a^^^^^^^^ behind. I do not think the blacks here have quite s.^ch pro- minentiaws as some we have seen, but their noses are broad, and rather depressed, and the men wear their beards short. Their spears are simple rods ; but to some they attach a sort of barbed ridge on one side, by affixing pieces of glass by means of grasSrtree gum. We did not observe the boomring among them. , , i ^ ■ ut. ■ e ^i In conversation with Robert Cock, he suggested that advantage might arise from the appointment of a committee to co-operate with the protector, with whom I recommended him to confer on the subject. At the table of our friends J. B and B. Hack, we partook of the flesh of an emu, killed" yesterday between this place and Port Adelaide. It bears some resemblance to tender stewed beef : these birds are yet pretty common here. . December 10. The day was beautifully fine; the river is much swollen. While watching some blacks rolling up a cask of water, by means of a rope attached t6 a pinion at each end of the cask, so as to enable them to draw it after them like a garden roller, I noticed some cray-fish in the i-iver, of a dark colour, and about the size of those in England. C B Howard T. Q. Stow, and John White, each gave notice to their respective congrega- tions of a meeting, that we think it right to hold, to introduce more strongly to public notice the temperance question and the state of the aborigines. j r , December 11. The state of the blacks was then commented upon; and, after the governor had made some very suitable remarks, he proposed that W. Wyatt should be called to the chair, which being agreed to, the governor withdrew from the meeting. T. Q. Stow, J. B. Hack, S. Stephenson, and one or two others, spoke m connexion with the resolutions,' and a committee of considerable size was appointed to co-operate with the protector, who expressed his great satisfaction with the measure. Mr. Angas.] I beg also to present an extract from a letter I received froia, Mr. Stow, one of the most intelligent ministers in the colony, which establishes the intellectual power of the natives. He says, " There are indications decisive enough of lively, solid, and improvable intellect." He thinks the Murray would be the best station for missionaries ; and generally intimates that the colonists have behaved exceedingly well to the settlers. l^The same was delivered in, and is as follows ;] I was happy to receive your introduction of the German missionaries ; I am pleased with them, and it has been in my power to show them some kindness ; they are fast learning the native language, and I trust will soon be able with ease to preach to these lowest of our species the unsearchable riches of Christ. They are located at present at Adelaide, as the natives are gathered in greater numbers around us, and seem to demand the first attention. I am obliged by your introductions at diiferent times of various persons> for character is afc a high price here. We are glad to see a Christian on these shores ; and it is pleasant to meet with those even who are no more than decent and sober and honest. You desire information respecting the natives. They are the degraded beings we had been told, but not exactly in the same way ; it is not incapacity, nor inactivity of mind which we discover, on the contrary, there are indications decisive enough of lively, solidy and improvable intellect. Here 1 think we have firm footing. Their ignorance, indeed, is complete, and of course discouraging ; but I do not regard this as a counterbalance to the encouragement yielded by the proofs of mental power and activity. If there is capa- city, it may be filled, and it is our part to fill it. The great difficulty is of another kind ; if lies in their perfect social degradation, with no combination, no government, no home; it is difficult in any systematic way to reach them ; it will require all the wisdom, energy, faith, and patience of missionaries to overcome these difficulties. It is a work for them/ and I am persuaded that no hands but theirs will do it, nor even theirs, unless aided by the hands of the mighty God of Jacob. You are aware, probably, that the natives are but thinly scattered over the country ; at the Murray they are much more numerous, and rather more intelhgent. It would be a good mission station. The colonists have, for the most part, behaved well to the aborigines, and peace reigns between white and black." Mr. Jnc/as.'] I will now advert to the manners of the aborigines. It appears that they resemble the Polynesians, inasmuch as they practice tattooing and painting themselves with red ochre. They are not idolaters. Polygamy is common amongst them, and they have some remarkable customs resembling the Jews. They practice, for instance, circumcision ; it is usually at the age of puberty. •SELECT COMMITTEE ON SOUTH AUSTRALIA. 215 .puberty. This rite is performed in a very solemn and superstitious manner. G. F. Angas, Esq. The youth is seized unaware and blinded before they proceed with their mystic \ evolutions. It is an initiative rite; afterwards the youths may eat opossum 25 March 1841. and kangaroo's flesh, and join in their councils of war. The word " pararu," meaning " uncircumcised," is used by them as a term of reproach, precisely as we find it used in the Scriptures. They have another practice resembling the Jews, which is, that when a "husband dies his brother takes his wife. They also make loud lamentations over the dead ; they use the very language which is recorded in Jeremiah, " My father, my father," or " My brother, my brother," as the case may be. And they exchange surnames with their friends, which is a practice mentioned in Isaiah. Some of their customs are heathen : first, they practice infanticide ; as a proof, the youngest wife of " King John," as he is termed in Adelaide, destroyed her second child. In the next place, tattooing, which is also an initiatory rite ; they in this make deep gashes in the back and chest. The young men say they would gladly avoid this painful operation, .but they are forced to submit to it by the command of the older men ; this rite is performed to propitiate the wrath of an imaginary deity whom they call " Taruda," who was once a man, but afterwards became a kind of kangaroo. They suppose, that if they attempted to hunt before this rite was performed ■they would be torn to pieces by this imaginary being. They are very super- stitious. If one of the tribe dies without any visible cause, they ascribe it to -a magical influence on the part of some other tribe, and on that assumption, :they go to war with them and retaliate. That is one cause of the incessant dissensions between the tribes. They practice sorcery, and fornication is very general, besides unnatural crimes ; they seem to evince no shame whatever in the practice of them, and the natural result is a state of horrid disease ; scrofula as well as the venereal disease is not uncommon. They believe in evil spirits. There is one they caU " Fura;" to avoid his influence they use various magical sentences. They have some notion of good spirits and of a future state ■of existence ; they expect that a good man's soul flies upwards, where they say there are plenty of kangaroos to eat. They state that a spirit of the name of " Munaintjerlo" once lived on earth, but now sits above, who made the sun, jtnoon, stars, and the earth. On learning this one of the missionaries took an opportunity of telling them of the creation, of the incarnation, suffering, death, resurrection, and ascension of the Son of God, and he had the satisfaction of seeing not only that he was perfectly understood, but also that he had created a deep interest in their minds ; another spirit whom they acknowledge is ■" Tindoger-Iimego," literally meaning the "Sun-father-man;" he has power over life and death ; also one whom they call " Munaina ;" he lived on earth a 'long time ago, and climbed up to heaven through the instrumentality of a line of .spears, and his tribe followed him. They hold also the doctrine of transmigra- tion of souls ; the soul lives in a place called " Tin-de," that is, in the grave, or stranger's country ; it enters the infant in the womb, and at death goes back to Tin-de, where it waits for another body. They maintain that all animals were once men, and were their ancestors ; they have Some curious tales about a con- flict of the lark and whale, and of the emu and the eagle, which terminated in the transformation of those creatures ; they have no proper idea of a Creator, but think that some animal made the earth ; they entertaiii tolerably correct notions of the moral law as it affects their neighbour, for which they have terms in theit own language ; they even punish to a certain degree the transgression of the law amongst themselves. I have here a copy of the Ten Commandments in their native language. 2418., You do hot mean that the Ten Commandnlents existed among them before the missionaries went to them ? — No, but they acknowledge the obligation of the law. 2419. That is what they have learned from communication with European missionaries ? — Of course ; they suppose that the soul exists after death, but they always feel great astonishment at being told that the soul after death has to account for the actions of life, and of its being raised again ; one native inquired if Jehovah would sew together the body and the soul ; they have no terms for " tree " or " animal," as they know these only by their proper names, -which is one great difficulty in the way of teaching them the history of the creation. They suppose that all the facts taught them by the missionaries are merely traditions handed down by their ancestors in the same way as they have ; ' 0.21. E E 4 derived 2i6 MINUTES OF EVIDENCE TAKEN BEFORE THE G. F. Angas, Esq. derived information themselves ; they clearly understand the relation in which the missionaries stand to them as being different from the other whites. A 25 March 1841. native said that " they beheve they shall afterwards speak to them as the EngUsh ministers do to the white people, and that they will sing as the white people do." They have a notion that the missionaries are sent by some distant government, for the purpose of benefiting their condition, and on that account they are exceedingly attentive to their instructions. The mis- sionaries have taken several excursions with them into the interior, which has been attended with considerable advantage to the natives themselves, and has enabled them to obtain extensive information as to their real condition. I would now advert to suggestions which I have received from the missionaries, and from the German pastor Kavel, with respect to their improvement. _ They state that the greatest hope arises from the early instruction of their children : that the natives should be located at a distance from the whites ; that the example of the whites already has been injurious to them, and has in a measure counteracted their attempts to improve their condition ; they think that a sufficient quantity of land should be set apart for the use of the natives, besides food for their support, seed, small stock, such as pigs, &c. ; implements of husbandry ought to be provided, and the means of training them up to habits of industry ; they expect that the adults for one generation, at least, will prove a heavy burthen, which the colony must bear ; they however hope that after- wards they will be able to raise a sufficient quantity of food for their own sup- port. The natives appear very suspicious of the proceedings of the government in taking up their lands, but they do not manifest anything like the same feeling towards the missionaries, whom they think the government has sent to do them good. The missionaries complain that their efforts have been very much cramped for want of means ; as they are often obliged to feed the people out of their own stipends. They make an appeal to me, which I cannot answer ; they say, "What, under such circumstances, can and should be done, we leave to your wisdom." Pastor Kavel recommends a portion of land to be set aside for the Para or Gawler tribe, who occupy a part of the country which has been very recently surveyed, as they will be obliged to leave their ground and lead a beggarly life as soon as the district is let or sold ; to prevent that mischief, he thinks that arrangements ought to be made to secure to them some property where they may be induced to settle permanently, and to enjoy the benefits of civilized life. 2420. Mr. Wood.'] Have they been dispossessed of the land on which they were living ?— The lands on which they were Hving they have been dispos- sessed of. 2421. Have they been removed from the places where they were residing by authority ?— By the authority of the settlers who, have purchased the lands. The government has allowed them a location on what is termed " The Park," near Adelaide. 2422. Ca-ptwa A' Court.] Were they not migratory tribes?— No, they had distinct limits ; every family had a location. 2423. Mr. Wood.] Had they such a fixed residence previously to the settle- ment of any Europeans in the country ?— Yes, it was accurately defined ; not only was the distnct of the tribe defined, but the districts of the famihes of the tribe were so also. 2424. Defined in relation to each other ?— Defined in relation to each other. 2425 Then did they recognise the rights of property in land?— In that sense they did. x r j 2426. They respected each other's portions of land ?— Clearly so. Those who trespassed upon others were put to death if they could be taken hold of.'^ _ 2427. Have they been dispossessed of those portions ?— Certainly ; in every instance where the whites have settled down, they have dispossessed the natives of the portion of land which they formerly occupied. 2428. Has land been sold under the authority of the commissioners which was actuaUy m the occupation of the aborigines ?-Most unquestionably, to beTlie f ^^ aborigines been dispossessed in consequence ?— 1 believe that 2430. Have you that upon the authority of information transmitted to you trom the colony ^—Pastor Kavel mentions that, in that particular locality at the Oawler river, they will have to be sent away so soon as the settlers go to it, in SELECT COMMITTEE ON SOUTH AUSTRALIA. 217 in order to prevent mischief, and that he wishes to hiave a certain portion of G. F. Angus, Esq. land set apart for their particular use. — — _ __ 2431. That is a prospective case. Are you aware of any instance in which ^^ ""^"^ ^^^^' such dispossession has actually taken place ? — I am persuaded that the land now occupied by the settlers was formerly belonging to the natives, and that they have in consequence been obliged to remove. 2432. Do you know any case where they were in actual possession, and have been obliged to remove in consequence of the occupation of the land by the settlers ? — Yes, there is the Adelaide tribe ; they have been obliged to remove, their lands having been occupied by the whites ; that of course destroyed their means of subsistence from the kangaroos ; they are now located on a small spot where they receive rations from the government. 2433. Is their location remote from the place of their former residence? — No, but it is a very small portion of their former possessions, probably not one- fiftieth part of it. 2434. Does it constitute part of the land on which they were situated ? — It does in their case. 2435. Their hunting grounds for kangaroos have been curtailed? — Yes, the land on which they are now placed belongs to the government ; it is called the Park, and by the regulations of the government at Adelaide, they are there by sufiferance ; they have no right to the soil according to the Act of Parliament. 2436. Lord Fitzalan^ In page 9 of the First Annual Report, which is not signed by yourself, but signed by the other commissioners, there is a plan for giving to the natives a certain proportion of every 80 acres sold, divided into sections and so on ? — Yes, that plan has never been acted on till lately by Colonel Gawler, and in my evidence I have shown the illegality of that course with a hope that the evU will be remedied by an alteration of the Act. 2437. Mr. Wood^ You say that that plan has not been acted upon ; has it not been acted upon in consequence of its being discovered that it would be Illegal to act upon it ? — It has been acted upon to this extent, that Colonel Gawler from recent accounts has set apart some 80-acre sections for the use of the natives, but I believe that the doing so on the part of the governor is perfectly illegal. 2438. Was he not authorized to do so under his authority as resident com- missioner r — Not by the Act ; he is not authorized to set aside an acre for any purpose whatever ; it can only be sold, and he must receive payment for it before he can convey it. 2439. Was the governor prevented from carrying into execution the sug- gestion contained in the First Report, at page 9, for making provision for the^ aborigines, by the legal difficulties arising out of the Act of ParUament founding the colony ? — I should say so. 2440. Do you consider the existing constitution of the colony to have been deficient, in not having made provision for the protection and welfare of the aborigines ? — I do. 2441 . What provisions have you to suggest as desirable for their benefit ? — I would suggest, in the first place, that a certain portion of the unsold lands should be set apart for the use of the natives, not to exceed in the aggregate one-tenth proportion. 2442. One-tenth of the entire colony ? — One-tenth of the lands unsold. In the next place, that such portion of the land as shall be appropriated to the use of the natives shall be vested in the hands of trustees, exclusively for their benefit. That each tribe of natives should have its own location, and on it there should be a village, on the Moravian or other useful system, where a missionary and a few famihes of Christian people should reside permanently. That the proportion allotted to each tribe should vary according to numbers, locations, quaUty of the soil, &c. &c. ; and that the land commissioner in the colony should have the power to add to the quantity of land appropriated to each native or family, according as circumstances justified it. 2443. Do you mean to add that in addition to the tenth you propose to devote to this object r — No. I do not mean that anything like a tenth should in the first place be appropriated, but that it shall never exceed that propor- tion. 0.21. F F . 2444. Making 2i8 MINUTES OF EVIDENCE TAKEN BEFORE THE G. F. Angas, Esq. 2444- Making additions from time to time as circumstances req^jjg J^^J , ^ ' ^ never Joins beyond the extent of a tenth of the whole colony for the object of =5 March .84. ^he S^Cs ?-That is my idea. I do not approve of the plan which ha. been adopted in New Zealand; it is very good as far as it goes; that is, to divide one-tenth of the purchased land amongst the aborigines, m equal shares appropriating a larger proportion to the chie^. I think that will not be found to work well I would refer to the amount of land m proportion to the popu- lation in England as a criterion, and then apply the same principle to Sou& Australia, varying according to circumstances. For mstance, I find in England that two and a half acres are appropriated to one person, and m Scotland about seven and a half; but in the unsettled parts of Scotland, such as Ross and Cromartie, there are about 24 J acres to each individual. Therefore, I should recommend that a scale be adopted in the appropriation of uncultivated lands to the natives, so as to aUow about 10 acres of good land, or about 30 acres of scrub land to each individual. Further, that the protector in the colony, with a committee appointed for the purpose of assisting the aborigines, whidi I beUeve does now exist in Adelaide, should have the power of conveying a small portion of land to the natives, only when they show a disposition to cultivate it, and that the proportion should be increased in the ratio of their good conduct and industry. I think, too, that the natives ought to be acknowledged and naturahzed as British subjects, and should have the power of buying and holding land, which they have not at present. A judicious system of cmhzation and instruction should be drawn up and adopted by the aborigines' protector, which of course I cannot enter into the details of at present. Besides the protection and liberty afforded to the natives, additional laws, especially such as shall be suitable to them and their stations, may be necessary. At present they are entitled to the benefit of the laws adopted for British subjects, but I think there are cases which will require laws only appilicable to the natives. There is a valuable code of laws drawn up by Mr. Standish Motte, a barrister of the Middle Temple ; I have his plan with me, which, with the permission of the Committee, I will lay upon the table; it contains some very valuable suggestions. {The same was delivered in.) The official protector should represent the natives at head quarters ; a local board of management or supervision, consisting of respectable persons, acting gratuitously, should be appointed at Adelaide to assist the protector, under the control of the government, as has been already suggested. The natives of each tribe should still have liberty' to hunt within certain limits, even of the land which has been sold ; of course they should be defined. Each tribe should have its representatives to meet the protector twice or four times a year at Adelaide, and a friendly intercourse ought to be kept up between the different tribes, through the medium of deputations from each, consisting of one respectable individual, selected out of and by the tribe, and the missionary appropriated to that particular section. I conceive that the great and ultimate object to be kept in view is to fit and prepare the natives for civiUzed fife and amalgamation with the whites, which I think may be attained by the adoption of a proper system. The lands reserved in trust for the natives ought not to be inalienable, as they are proposed to be in New Zealand, but the commissioners should have the power of placing a certain portion of land in the hands of each person or famUy, as property in their own right. 2445. Do you mean in perpetuity? — In perpetuity; I believe it would have a very beneficial influence upon their habits. Some of the natives might be usefully employed in the police, but they ought never to be allowed to carry fire-arms ; they may be serviceable as seamen and fishermen ; they may be taught basket-making, and the manufacture of matting, and light native clothing; the females also may be employed in many useful occupations. I think the principle of working for wages should be recognized amongst them, and their wages ought to be paid in money or provisions ; and the means of a savings' bank should be afforded them, that their earnings may be protected by law ; under regulations of this nature I can have no doubt whatever of ultimate success. 2446. Lord Fitzalan?^ Have they taken greedily to spirits? — Not a single case is known to me of that ; Colonel Gawler has been very particular in pre- venting it entirely; and he has recently passed an Act prohibiting the distilla- tion of spirits in the colony. The natives have chiefly associated with the missionaries, during the past year. 2447. Mr, SELECT COMMITTEE ON SOUTH AUSTRALIA. 219 2447. Mr. fFood.'] Do the suggestions: you have now offered to the Com- G, F. Angas, Esq. mittee spring out of your own intimate connexion with the colony for several years past, and from correspondence that you have had with persons resident 25 March 1841. in the colony P^— They arise from my having studied the subject very attentively ever since the iolony was thought of, from continual correspondence with the missionaries, and from having obtained the counsel and advice of leading friends to the aborigines in London. The opinions I have expressed are what have occurred to my mind arising from those various sources of information. Veneris, 26° die Martii, 1841. MEMBERS PRESENT. Captain A'Court. Lord Fitzalan. Mr. Gladstone. Sir George Grey. Mi-. G. Hope. Lord Howick. Lord Malion. Sir Wm. Molesvvorth. Mr. Parker. Mr. Vernon Smith. Lord Stanley. Mr. G. W. Wood. The Right Hon. Sir GEORGE GREY, Bart, in the Chair. Mr. Thomas Driver, called in ; and Examined. 2448. Lord Stanlei/.'] ARE. you a Master in the Royal Navy?— r- Yes. 2449. In the year 1838, did you visit South Australia? — I did. 2450. Were you in command of a, ship ? — I was commander of a ship called the Emerald Isle. 245 1 . Of what burthen ? — 500 tons. 2452. Of what draft of water? — 15 feet of water. 2453. Where did you come from?— r-I came from Calcutta,. bound to Swan River, Adelaide, Hobart Town, and Sidney. 2454. Had you ^ny difficulty in finding the port of Adelaide ?— Probably I had better talk of Swan River, if you will permit me. I was bound to Swan River, but it was in the winter season. When Heft Calcutta, Adelaide was not known, the position of it ; aU they knew was that Mount Lofty was to be brought to bear east. 2455. What month of 1838 did you come in ?-^July. 2456. When did you leave Calcutta ? — In March ; but I got into a gale of wind, and lost my rudder, and I came from the Isle of France to Adelaide. 2457. Your instructions were, that Mount Lofty bearing due east, you should be rather off the harbour of Adelaide ? — ^Yes., 2458. Did you find that to be the case ? — No, nothing like it. 245.9. When yon found Mount Lofty bparing due east, where did you find yourself ?— In Holdfast Bay, or what is called Holdfast Bay. 2460. Is there any safe anchorage there ? — There is no good anchorage there in the winter season. 2461. Is it entirely an open coast? — Entirely so. 2462. Had you there any communication with the shore? — I had; I saw a hut and a flagrstaff. 2463. Is that the mouth of a creek, at a place which has since been called Glenelg ? — That is the place since called Glenelg ; there is one creek ; a man came off from the shore with an order for the letters, and I delivered them, and I asked him where Adelaide was, and he said away to the northward, 15 or 16 miles. 2464. Did you then proceed to the northward P-^-I hove my anchor up, and proceeded to the northward. 2465. Did you afterwards enter the river which goes by the name of Adelaide Harbour ? — I did, the next day. 2466. Had you any difficulty in entering the river ? — I was ashore -just as I got into the mouth of it. 0.21. F F 2 2467. You Mr. T. Driver. 26 March 1841. 220 MINUTES OF EVIDENCE TAKEN BEFORE THE Mt.T. Driver. 2467. You say you drew 15 feet water?— Yes. mu^^^ ?. 2468. Is there a bar across the whole mouth of the harbour ?— There is. a6 March 1841. 2469. Is it sand ?— It is sand. i^„„i:4.^o 2470. Had you any pilot aboard who was acquainted with the locality?— I had two pilots aboard. . „. , ^ <» ,. f 2471 Where did you take your pilots ?— The man that came off to me for the letters said he would go up with the ship, for I had no charts but what were very imperfect. , . j ^t, 5 2472. Did the pilot in taking you in get your ship aground more than once ? 2473. 'Did you consider she was in any danger ?— She was strained so much, that on my return to Calcutta she was obliged to be docked, and we had to give her very many additional fastenings. ^ . j , . j 1 at ^ 2474. How near did you ultimately arrive to the town of Adelaide .'—Not within nine miles. e -u c 2475. From your observation of that coast, is there a safe anchorage tor vessels at the mouth of Adelaide Harbour?— Not between the months of March and October, being the winter months. 2476. Is it entirely open to the north-west ?— Entirely open. ^ 2477. Is the north-west the prevailing gale at that time of the year .^— Yes. 2478. Does much drift-sand come in across the mouth of the harbour ?— Every gale of wind that sets in from the north-west must drive the sand into the harbour or creek. It is no harbour ; it is a creek. 2479. Is the land on the other side York Promontory near enough or high enough to be any protection to vessels lying in the bay ?— None whatever. 2480. What distance is it ?— Ten leagues, probably more. 2481. Vessels lying in the harbour were at that time exposed to the gales from the north-west, without any protection whatever?— Yes, and must go ashore. 2482. Did you find any facilities for discharging your cargo? — The worst place I ever was in in my life. 2483. What difficulty did you find? — There were only two cargo boats there, and they came alongside, and took about ten tons of cargo, with which they went into a canal that they have cut ; my ship lay about two miles from the mouth of this canal. 2484. Could you not get with your ship nearer to the mouth of the canal than two miles ? — No, I think not ; we had been aground, and strained the ship all to pieces. She was lying in a hole, where she lay afloat, about, I will say, 20 feet from the gangway ; there was not two feet water, and shoal all along. It appeared to me to be coral and cockle-shells. 2485. What did you find was the expense per ton of transporting your cargo to Adelaide? — It cost as much as 40*. a ton to transport the cargo from my ship to Adelaide. 2486. How long did you remain in the harbour ? — ^Fourteen days. 2487. Had you any opportunity of seeing the town of AdeMde? — Every day. 2488. In what condition did you find it ; what sort of place was it ? — ^Many of the huts were temporary, built of mud and leaves j some were built of mud,^ with a frame for the roof, covered with shingle. 2489. Was house-rent very exorbitantly Mgh at the time you were there? — Very much so ; I wiU relate an instance of it : I took down a house, the build- ing of which cost in Calcutta about 400 or 500 rupees, or 501. sterling; it con- tained four very small rooms, and a verandah that went the whole length of the building ; that was let to a passenger after it was put up ; it was very soon put up, and covered with shingle, and let for 15?. or 16 Z. a month, 2490. All your passengers did not make so good an investment as that ?— These had been two brothers who had been able to get a lac of rupees, or 1 0,000 Z., in the Calcutta lottery, and went down there to purchase land and farm ; their names were Gleeson. 2491. Were the prices of all articles very high at the time ?— I paid for meat 1 s. per lb. ; for kangaroo the same, very scarce ; bread, very bad, was 6 d. per lb. made from flour that was damaged ; eggs were 8d. a piece. 2492.- Generally speaking all articles of produce were exorbitantly high? — Yes. 2493. When SELECT COMMITTEE ON SOUTH AUSTRALIA. 221 2493. When you came away had yon any difficulty in watering your ship ? — Considerable difficulty. 2494. Was there no good water in the neighbourhood ? — None whatever, at what they called the port. 2495. Where did you procure water from ? — I landed my casks with my own boats, and sent them up by waggons to Adelaide, to what is called the River Torrens ; and when the empty carts came from Adelaide for cargo, they brought my water down with them, for which I paid a guinea a cask. 2496. What was the whole expense of suppljdng your ship with water ? — I think I had from 22 to 24 casks, and I paid as many guineas for them. 2497. Had you any difficulty in getting out again ? — I got aground in getting out ; I was lighter in going out, not above 14 feet; I took a cargo down be- longing to Mr. Gleeson, consisting of rice, pork, sugar, beef, biscuit — I may say provisions generally. 2498. Is it your opinion, from the experience you have had in naval matters,, that Adelaide is conveniently or advantageously situated as a commercial port ? — By no means ; where there is not a good harbour, it cannot thrive. 2499. Should you suppose that at any place in the nlouth of the river there would be convenience for making a good port without a very enormous ex- pense ? — I feel convinced there are not any facilities for doing it. 2500. Did you examine what anchorage there was ? — I went in a boat three or four times to sound ; I wanted to make a sketch of the place, but it was not worth sketching. It never can be used by ships of any draft of water. 2501. So far as you ascertained by sounding, was the bottom sand ? — It was sand ; in the holes it was rock, and a kind of soft coral ; when a ship got into those holes, hawsers were sent and made fast to mangoe trees on the shore to keep the ship exactly in those holes, or else she would be aground if she had any play. 2502. What sort of weather was it when you came in and went out ? — On entering Spencer's Gulf, a gale of wind ; I hove the ship to ; I would not run in ; I did not run in. 2503. When you did come in, was a heavy sea running ? — Not after I got in, there was not. . 2504. You think that in bad weather it would be a harbour very difficult of approach r — No ship dare run for it, for if she happened to miss it she would be lost. 2505. Chairman.] Have you heard of many large ships going from this country to Adelaide ? — There were three when I was there, about the same time as I was, all in ballast. 2506. Was the Henry Porcher one ? — Yes. 2507. What was her tonnage ? — About 500 tons. 2508. The Eden ?— Yes. 2509. Had they gone in light, or discharged their cargoes ? — They went out principally with passengers. 2.510. Do you know what the depth of their water was ? — The Eden draws about 15 or 16 feet. 251 1. Did she, come in while you were there ? — She came in while I was in, 2512. Did she go out while you were there ? — No. 2513. Did she touch the ground in going in r — I think I heard the captain, say so. 2514. Do you mean there is not room inside for a ship to swing at anchor without touching the ground ? — I am quite certain of it. 2515. How far did this ship lie from you? — Two or three times my length ; they were in the holes also. The stock of an anchor that was carried out was above water ; that was the Henry Porcher. 2516. How many ships would lie in the harbour at a timer — There were three. 2517. How many could ? — I should say probably five or six in these holes ; I think, if I remember right, the large ship, Henry Porcher, was an Indiaman. 2518. Did you sound over the bar r — I did. 2519. What was the depth of water? — We had only 12 feet when we were aground. . 2520. Did you go in a boat to sound, to ascertain whether there was any channel? — I did ; there was a channel, but no channel for a ship of 16 feet. , 0.21. F F 3 T found Mr. T, Driver. aG.March 1841. 222 MINUTES OF EVIDENCE TAKEN BEFORE THE iWr. 1. DHver. I found a small washway, but it was not long enough for a ship to have kept in that water. 26 March 184.1. 2521. Is there much rise and fall of the tide?— Very little, not above four feet. 2522.. Do you mean that you sounded at high water, and did not find.l6 f^et ih the deepest partover the ,bar ? — I am not sure it was. exactly high-water, the tide did not. appear to flow regularly. , 2523. How was the tide when, you went,' was it ebb or flood ? — ^I should'sayi when we went in it: was half-flood,) 2524. Therefore, probably there would have -been two feet more over the bar ? — I should consider not above one fdot* 2525; Lord /Sf#aw%.] How long were you aground ?— 'We lay aground about- 12 hours the first timCj and 20 the next. . ,., 2526. Chairman.'] How far did the ship lie from the landing-place ? — I was the sternmost ship, those that went in first^ot up as 'high as- they could; I should say that I was about two miles and* a half: from the entrance of the' canal. . 2527. From the place where you land your cargo ? — ^Three miles from there ; the creek was near half a mile long. 2528. Do you know whether a new port or landing-place has been con-, slxucted two miles- lower down the creek ? — I have never seen that. 2529. Gsptain A" Court.'] You have not heard of that ? — No, I have not. 2530. Have you not heard that since 1838, ships have delivered cargoes at the wharf of the new port ? — I have not. 2531. Chairman.] Do you mean that a ship that has delivered her cargo cannot get out of the harbour again if there is a ship waiting astern of her. to* dehver its cargo ? — ^ Where I lay, Tdo not think it could. 2532. Lord Stanlei/.] You were the last ship in, and the first out? — Yes. 2533. Captain A' Court.] Have you any interest in Adelaide or Van Diemen's Band ; any property ? — None whatever, I have never asked for my grant of land, which I should have, being an officer in the navy. 2534. Is it allotted to you ? — Being an officer of the navy, I have a right to a grant of land in Van Diemen's Land or in New South Wales. 2535. Did you command a regular trader to Van Diemen's Land ? — I did not. 2536. Is not Holdfast Bay a good roadstead? — No. ^537- What depth of water have you? — I anchored in about seven fathoms and a half. 2538. What bottom ? — Sand and rocks, very clear water. 2539. You seem to have been very unfortunate in getting your ship ashore much oftener than other ships?— L am inclined to believe that it was not noticed by the other ships, for the persons that were commanders of them were interested ; all that were there had bought land in the colony. 2540. Then you mean to say that they kept secret the badness of the road- stead ? — r think so. 2541 . Chairman.] When you left the harbour, did you warp the ship out stern foremost, or how did. you get her out ?— We warped her out stern foremost, till we came to a place where we could swing her, and she took the ground in swinging. 2542. How far had you to warp her before you made sail ?— I should think, three cables length. 2543. Then at three cables length from where she lay, she could swing ?— We grounded in swinging. 2544. Captain A' Court.] You say you went to the town of Adelaide for water ? — Yes. 2545. For what reason ?— There was none at what is called the port. 2546. Might you have got it cheaper than a guinea a cask ?— No. 2547. Could not you have sunk wells ?— No. 2548. Did you try?— No; on a coral beach; my object was to get away as fast as I could ; no one would think of sinking wells in a salt water sand where the water is brackish. If I could have got water without it, I should not have sent a boat up, which was away from the ship a whole night. 2549. Are you aware that ships water in any other way than that?— No, I am not. 2550. In SELECT COMMITTEE ON SOUTH AUSTRALIA. 223 a6. March- 1841. 2550. In short, you do not appear to Jmow much about this port ; how long Mr. T. Driver. were you there ? — Fourteen days. 2551. Can you warp into this creek ? — We warped into this anchorage. 2552. By kedges or how ?— By making fast to the trees ; there are warping buoys to warp up by, 25.53. What is the breadth of this creek?— From shore to shore, in some places half a mile, some less. 5554. What is the depth of water in the centre ?— In some places three fathoms and a hah", and in other places a fathom and a half. 2555. I suppose the fathom and a half was near the shore, and the three fathoms and a half were in the centre ?— Half way over ; I lay rather over to the western shore than not ; I should say that half my ship's breast was about two feet water ; you could not have swung her there. 2556. Why did you not lie in the middle of the stream? — Because in the middle of the stream there was not so much water as there was there ; I had the harbour-master himself on board. 2557. You tell this Committee that where you lay, there was no room for a ship to swing ? — I do ; we did not swing there ; I could not ; when the pilot has the charge of the ship, the commander of the ship has very httle to say. Edward Gibbon Wakefield, Esq., called in ; and Examined. 2558. Sir William Molesworth.'] WERE you originally connected with the formation of the colony in South Australia ? — I took an active part in all the measures from the beginning, which led to the passing of the first South Aus- tralian Act. 2559- Have you continued to keep yourself acquainted with the state of that colony, and its affairs and connexions with this country ? — Generally, I have ; not in detail at all. I have received letters pretty constantly from the colony, which have informed me of the course of events there. 2560. The communications to the commissioners? — I have known generally here, by reading the reports of the commissioners and otherwise, what was going on ; but I have had no knowledge of details. ,2561. You have had a general knowledge of the affairs of that colony? — Only a general knowledge. 2562. You are acquainted, I believe, with the evidence which has been given before this Committee ? — I have read it through, at your request, with a view to your examination of me to day. 2563. In reading that evidence, have you seen certain opinions given by the witnesses as to the cause of the financial embarrassments of that colony ? — I have. 2564. Do you agree in the opinions given by those witnesses as to the cause of that financial embarrassment ? — The opinions given by the different witnesses are so various, that I can hardly answer so general a question. 2565. Have you considered then the subject of the financial embarrass- ment of that colony ? — I have considered it as it is now a matter of public con- versation. 2566. Are you aware of the precise extent of the fihancial embarrassment ? —Yes, I am. 2567. You said you have considered the subject; have you formed any opinion yourself as to the cause of this financial embarrassment ?— I have, generally. It appears to me that the more immediate and obvious cause of the present financial difiiculty, is the sudden and large expenditure of the local government. The more remote and less obvious causes of what has happened appear to me to consist of the inconsistencies and deficiencies of the whole arrangement with respect to authority embodied in the South Australian Acts. 2568. Do you now refer to the first South Australian Act ? — To the first South Australian Act, certainly, and to what has taken place under that Act with respect to responsibility. It appears to me, that according to the manner, I will not say the system, in which South Australia has been governed and colo- nized, every body seems to have been relieved from responsibility to any body. 2569. WiU you explain more fully what you mean, when you say that every body was relieved from responsibility to any body ? — I should say, by 0.21. p F 4 way E. G. Wakefield, Esq. 224 MINUTES OF EVIDENCE TAKEN BEFORE THE E. G. Wakefield, way of example, the colony purports to be what is caUed a Crown Colony, and Esq. yet it is well known that the two governors of the colony were virtually appointed by the commissioners. The commissioners, who had entire authority 26 March 1841. ^^j^ respect to the disposal of land and emigration, all that related to coloniz- ing, were obviously on the face of the Act responsible to nobody but the Crown; and as the Crown from the beginning allowed them to do as they pleased, not merely with respect to the disposal of land and emigration, but with respect to the appointment of Crown officers, and instructions to those officers, there really was no responsibility in the commission. 2570. Did not that result from the provisions of the South Australian Act ? —I think it resulted in a great measure from the provisions of the Act, but it resulted chiefly from the newness of the whole project. No great interest was felt upon the subject by any but a few persons, who might rather be deemed amateurs, desirous of trying an experiment in colonization ; and I think that the commissioners were entirely let alone ; that it was very natural in the Government, from time to time since their appointment, to leave them to their own management of that which the Government had never professed to think very well of, or to take any great interest in. 2571. Then you consider, if I understand you rightly, that it was a new experiment, and consequently there were great difficulties in it? — I do not think it has been beset by great difficulty. There appears to have been, partly through good fortune, a great facility in doing all that has been done ; but I think it must have been plain to' any one who had thoroughly examined the subject at that time, that the mode of management would not work well. I was myself examined before a Committee of the House of Commons of 1836, very soon after the appointment of the commission, and, I think, before any settlers had been despatched from this country ; and in answer to a question that was then put to me, I said, " An Act of Parliament has been passed for South Australia, which fixes the minimum price of all land in that colony ; which confides the selling of land to a Board of Commissioners ; which Compels those commissioners to make an annual report of aU their proceedings ; which, there- fore, provides for publicity, but which leaves those commissioners without salaries ; so that, in point of fact, the South AustraUan Commission is a dilettante commission, an amateur commission, a sort of a fancy commission. One of the members of that commission is also a Member of this Committee ; and he will bear me out in stating, that there is no obligation on any one member of that commission to attend to the performance of the duties of the office." 2572. Were those not the results of the South Australian Act, and did you not take a part in obtaining that Act ? — I took a very active part in the pro- ceedings of the South Australian Association, at whose instance the Act was passed ; and also in some previous measures of the same kind by a company called the South Australian Company, which had somewhat similar objects, but which did not accomplish them. 2573. Did you not perceive that all those evils would result from the pro- visions of the South Australian Act ?^I always felt that there was great pro- bability of evils resulting from the character of the arrangements made. 2574. Why did you assent to this arrangement ?— The gentlemen who were interested in the subject, and who were headed by Mr. Whitmore, ifho was the chairman of the association, most of them at least, never supposed that they had got a perfect measure. The question was, whether they should take a measure such as they could get, or none at all, and the subject was then scarcely under- stood at aU. If it had been as well understood then as it is now by persons in authority, and also by Members of the Legislature, I have no doubt a much better Act would have been framed ; and the Act would not have consisted, as it did, m a great measure, of a number of compromises and sacrifices made by the promoters of the Act, in order to please this or that Member of either House of Legislature. I can give an example of one Member, which will show how mis- chievously the necessity of making these concessions operated. We were obliged to insert m the first Act, a provision that the colony should be erected into a province " or provinces." That was required by a Member of the House of Lords, and was assented to ; the addition of " or provinces " was assented to to please that Member, and so in many other cases sacrifices were made. The most important sacrifice that was made was, I think, that nothing like respon- .sibihty was created within the colony on the part of the local government ; that SELECT COMMITTEE ON SOUTH AUSTRALIA. 225 that there was no control of any sort amongst the colonists over the puhUc expenditure. 2575. Was it originally intended to have given a control to the inhabitants . of the colony over the pubhc expenditure ?• — I think, the wish of the promoters iOf the project was to have adopted the principle which was pursued by this country in aU its earlier measures of colonization; which, I behave, was invariably pursued by this country in founding colonies until the founding of New South Wales. I beheve, that New South Wales was the first colony emanating from this country and composed of our race which did not take with it, and enjoy from the commencement of its career, one may say of its existence, a popular control over the local expenditure. That principle, we w:ere very desirous to see adopted, but many difficulties interposed themselves ; and at last we were obhged to be content with what we could get. We got what we deemed a very important. point, the main point indeed, which was an enactment that no land in that colony should be granted, that all the land should be sold, that it should be sold at a uniform price, and that the whole of the proceeds of the sales, the new fund to be created by sales of the land (no fund of that sort having existed in. the British colonial empu'e till then), should be employed exclusively for emigration. 2576. hord Stanley.^ Was, the provision of the Act that aU land should, be sold at a uniform price, or that no land should be sold below a minimum price ? . — The latter provision is unquestionably the one. 2577. It is desirable that you should be quite correct in stating what you did obtain? — I think, on recollection, the commissioners have power under the Act to sell either at a uniform price or by auction. On looking at the Act, I see that the commissioners under it were empowered to sell either at a uniform .price or by auction. 2578. Chairman.'j Not below a certain price in any case ? — Not, under any (Circumstances, for a price of less than 12*. an acre. . ,2579. ^vc William Molesworth.l Nevertheless, the important principle was established, that the whole of the proceeds of the land should be apphed to .emigration,?— That was deemed. a very important point indeed; and upon the whole, considering all. the circumstances, we were satisfied with the Act; but some of us, and I was one of that number, entertained doubts whether it would ,vfork well. 2580. Then, if I understand you rightly^ you consider the first South Aus- traUan Act a sort of comprpmise, by means of which you establjshed an import- ant principle, but some of its provisions were very defective ; and since that period, you have traced a portion of the embarrassment of the colony to the irresponsibihty which has been produced by those provisions ? — I think so ; I myself ha,ve expected that the measure would not proceed smoothly, on account of the defects I have alluded to, and have not been at all surprised at what has taken place. > 2581. Mr. Vernon Smith.^ What induced you to accept this compromise if you foresaw the failure of it? — It would be too much to say that I foresaw, the failure of what 1 have called the parts of the Act to which we were most attached ; I think they have been very eminently successful. 2582. Will you point put to the Committee exactly what portion of the principles of which you were an advocate is illustrated in that Act which you thought it advisable to accept? — ^The universal sale of the land instead of the plan of granting, and the exclusive employment of the purchase-money as an emigration fund. 2583. Now point out those introductions into the Act which you think, have led to the defeat of that experiment? — I think that the experiment has been very successful as respects the sale of land and the promotion of emigration. There is no instance in the history of our colonies of so great a progress made in the planting of people at a great distance from this country. , 2584. But do you consider that that system, whiph is usually, called the self- supporting system^ has succeeded in this instance ? — I never called.it the self^ supporting system ; I look upon the calling of it a self-supporting system as a sort of puff. The only self-supporting colonies that I ever heard of, were those early cplojiies of England which maintained themselves without ever coming to the mother country at aU. The only part of the South Australian plan which has been self-supporting^ has been the emigration ; but to say that this ever was 0.21. GG a self-supporting KG. Wakefield, Esq. 26 March 1841. loan, or 226 MINUTES OF EVIDENCE TAKEN BEFORE THE E. G.Wakefidd, a self-supporting colony, in the way in which that expression has been com- ^*9" monly used, is to say what I beheve to be quite contrary ^to the fact, and what oTITTT I '^ve never been a party to expressing. ■ March 1^1. 2585. Mr. G. W. Wood.'] Was it not founded upon borrowed money P^Thie first expenses of the Government were entirely defrayed by borrowed money; and almost necessarily, when a colony is founded, the first expenses must be defrayed by borrowed money, or presented money, by money given as a gift, inasmuch as before the colony is founded there can be no revenue, 2586. Or supplied by the mother country? — That is, a gift instead of a an. 2587. Do you think this colony would have succeeded without aid from one ui- other of those two sources ? — I cannot imagine the possibility of founding n colony without obtaining money for its first expenses from some source other than itself. At first it has no existence at all ; and one might as well propose to manufacture cotton goods without the outlay for the factory and machin^ and the raw materials with which the goods are manufactured. 2588. Of the two modes of obtaining the requisite supply of money for the original outfit and early expenses, namely, either by borrowing money in the money market, or by such supphes being furnished by Government, which of those two plans do you think most eligible for a country to adopt in giving encouragement to the founding of a new colony ? — In the case of the most suc- cessful of English colonies, the great colonies of North America, ihe Govern- ment of the mother country suppHed nothing. The whole of the funds were found by persons interested in planting the colonies ; and the mode of proceed- ing has produced a very great nation, as it may be considered, in a short period of time. It has one advantage at least, which is, that it renders the local government generally very economical. At the time of the revolutionary war, when the 13 EngHsh colonies of America possessed a population estimated at 3,000,000, the whole of their civil expenditure, according to Adam Smith, who is very accurate in statements of that sort, amounted to less than 100,000/. a^year. 2589, Chairman.] Were you a party to the earliest application to Govern- ment for their sanction to the formation of this colony ? — To the *first. 2590. There has been laid before the Committee a letter from Colonel Tor^ reus to Lord Qoderich, dated the 9th of July 1832, transmitting a petition to the' King in Council, for the grant of a charter, which, I believe^ was the plan originally proposed?— That, I think, was the first attempt ; and the preposed charter was to have been granted to a company, more after the fashion of the companies which established colonies in America. ^2591. Was not the original projects that there should have been a company with a capital raised in this country, which capital would have been avaUable for the early expenses of the colony ?— Exactly.; just aS in the case of the Ply- mouth Company of Virginia. T '"^A^n j^^y fas that abandoned?— That was abandoned in consequence of Lord Godenchs disapprovailof the charter, after a draft of it in a complete lorm had been transmittied to him. ^J^f'A ^''r Lord-^Goderieh object to that principle on which the colony was intended to be founded, or to certain points in the charter quite irrespective o^L TnT^ of a company?-I cannot weU recollect ; it is\o long ^o- on Stbp W^!!f ^ ^^ '^ ''"^ "^^^ °^ the^conditions Lord Goderich iListed Sonv unt^nLrfT"' ^^^ T '^^^ 1^°^^^ ^^ taken towards founding the Stanlev a?/S?'^ ^^'^"^^ *^' .'^"^^ P^'^P^^^l made afterwards to Lord btanley, and the same condition insisted on ?-I have no doubt of it. scheme as iJ /rl^ST \^^^- ^^^^donment of that part of the original ment but onXT . ^^ ^^J^^^ion was made to that on the part of Goveru- Son of 2 CnvT ^^^^^ K "^^^ «°^«id«red an indispensable condition to the TanXtit ? °S™'^* ^"'^^ ^^^« t° the colony in the earEer stages of SquS bv Lor7?^r-T' Tf ^F^"^''^' ^^ complying with thecondMons ence lich t^nl ^''^^^ftu^''^ ^"'*^ ^^^^^^3^ ' ^^"^ * ^^^^^ ^hat a correspond- JSirtSt ?hoA^-« V^^ *^^"' ^^t were laid Wore the Committee, would Sen aid tfot P.vl' '""^^f ^^^^ ^^' P^P^^« ""^"^ ^ ^^^^ ''^> ^^^^ have Deen laid before Parhament, do not comprise any of the correspondence which SELECT COMMITTEE ON SOUTH AUSTRALIA. 22: took place during the first attempt, but begin with a memorandum of Lord Howick's, which was written towards the close of the proceedings of those who- were endeavouring to obtain the assent of Government to their plan ; those papers do not comprise that correspondence. I think that correspondence will ^ow that the parties interested were placed in this difficulty : unless they had the assurance of the Government that the colony would be founded, it was impossible for them to induce capitalists to declare that they would advance money for the purpose of founding the colony : on the other hand, the Govern- ment said, " We mil not take any steps towards founding a colony until you subscribe a capital ;" so neither party being ready to take the first step, the pro- ject fell through. 2597. Do you mean that the parties who were originally willing to subscribe their capital, dechned to do so on the conditions which Government imposed on the founders of the colony ? — It is difficult for me to give a precise answer to any question about that correspondence, in consequence of the long time that has elapsed. I recollect at the time, that the feeling was that we had got into a circle and that we could not get out of it. I know that expression was used, that neither party would advance, and that therefore we could do nothing. 2598. IjOyA Howick.J Was not the feeling, of the Government at that time, that they had no desire to found a colony, but on the other hand did not wish to throw any obstacle in the way of such an enterprise if private persons thought proper to adopt it ? — I think it was. 2599. The Government did not wish to take any responsibility ; and there- fore insisted that persons should subscribe th^ir capital before the Government sanctioned the scheme ? — I think so. 2600. On the other hand, the persons who were engaged in getting up this plan, could not find capitalists who would subscribe the capital, unless on the responsibility of Government?' — Unless the Government gave some positive pledge that the measure should proceed., , 2601. The persons who were the real originators of the measure were not themselves the capitalists, and they could not induce capitahsts to furnish the money unless the Government had first taken- on itself the responsibiUty of sanctioning the scheme, qf which they had little means of judging ? — Some of them were capitalists to a considerable amount. I have since met, passing as citizens of the United States, several of them who, in consequence of their, disappointment, emigrated with very considerable capital,, and established themselves in the western part of the United States : a very considerable body was collected for carrying out the first project. 2,602. Mr. G. fV. Wood.] Do you think the plan by which the ultimate supply of money was obtained was a judicious one ? — I think not ; I have said that the scheme, taken as a whole, appea,rs to me very defective. 2603. Was it fallacious to depend on obtaining supphes on a loan in the money-market ? — I think certainly not. If the Government had taken an interest about the colony, and had been disposed to raise the necessary funds by loan, charging them upon the colony, instead of giving the money, as had been done in other colonies, it appears iq me that would not ha.ve been a bad plan. 2604. Do you mean a Government guarantee ? — Of course. 2605. That is equivalent to a supply from the Government itself? — Not equivalent to a supply from Government itself if chaarged on the colony. It has happened before now, that Government has advanced money for colonial pur- poses, charging the colony with the debt. I think, but am not certain, that that may have been the case with the great public works in Canada. 2.606. You think the most desirable plan would have been to have borrowed the money on a guarantee to Government, but to have charged it. as a repay- ment to be paid by the colony when able to do so ? — I do not know whether that would have been the most desirable plan.i I think if Government had been in earnest in forming the colony of South Australia in the most successful way, that course might have been very beneficial. 2607. You think it would probably have obviated any existing difficulty ? — Not if many other defects in the whole arrangement had been left to operate as hurtfuUy as they have done. 2608. Lord Hawick.'} If the original price fixed on land had been some- what higher, and a definite portion of that price a,pplied to the expense of 0.21. GG2 founding E. G. Wakefield, Esq. 26 March 184]. 228 MINUTES OF EVIDENCE TAKEN BEFORE THE Esq. 26 March 1^21.1 . E. G. Wakefield, founding the colony, would not this have been a better course than borrowing ■Esq. money for these purposes at so high a rate as 10 per cent?— I think it might, provided there had been a number of persons sufficiently conversant with the subiect, who would be ready to pay the higher price; and provided they could have had confidence in the intention of the Government, and the desire ot the Government to carry out the whole measure in the best possible way. 2609. Lord Stanley.^ In point of fact, were persons found wUUng at the first outset of the colony, to pay even the price of 20 s. ; was it not necessary to give a bonus to those who embarked their capital, by purchasing at 12 5. per acre, and then raising it immediately afterwards to 20*. ?— I think the selling of the first quantity of land at 12 s. an acre, and immediately rising the price to 20 s., was in the character of what is commonly called a job. 2610. Do you think at that period if you had fixed the minimum price of the land at 20 s., or rather higher than 20 s., you would have got the same number of people to emigrate on speculation ?— I think so ; and perhaps I may be allowed to take this opportunity of requesting the Committee to let me deliver a copy of a letter which I wrote to the commissioners before they had fixed the price of land. It relates almost entirely to this subject of the price of land, and more especially to the question which was just put to me by the Honourabte Member. \_The same was delivered in.1 Kid* Appendix, p. 332. 2611. Chairman.'] I see in the original draft of the charter transmitted to Lord Goderich, as accompanying the first application, the proposal was, that "aU the lands in the said province (except only such as shall be selected for purchase by the company in manner hereafter provided, in exercise of the right of selection or pre-emption reserved to them,) shall from time to time be put up for sale by public auction, under such regulations as the company shall provide." In fact, the principle embodied in the original charter was the prin- ciple acted on in New South Wales, of selling not at a uniform price, but putting up all the land at a minimum price, and seUing it by an auction to the highest bidder; why was that abandoned? — It was not completely abandoned^' since ill the South Australian Act the commissioners had the option of selling at a fixed price or by auction, but how that provision got into the first proposal I cannot state. When my attention was first drawn to this subject, I saw that the plan of auction was adopted by the United States ; and it was not tiU several years afterwards that I became convinced, accbrdinig to my judgment, that the plan of auction was a bad one, compared with selling the land at a uniform price. ' 2612. Do you not think that if the provisions in the original charter had been adhered to, the land sales would have exceeded the amount to which they have risen ? — I scarcely think they would. ■ 2613. Are you aware what the average price of land in South Australia has been in the hands of persons who purchased at 12*. an acre? — I have no doubt it has been very high, but it was the prospect of that very high profit that induced persons to pay the price that they did pay ; and in point of fact the sole inducement to purchase land in the colony by capitalists in this country, is the prospect of a very great increase in the price as soon as popula- tion becomes fixed on the land. So with respect to emigration, a man does Hot emigrate without som,e very strong motive, and I think one of the great motives of emigration among the persons who have estabUshed South Australia, was the prospect of a large and rapid increase in the value of the land. 2614. Lord Howick.] You say it was necessary to give a great advantage to capitahsts ; do you think it was necessary to give to some capitalists a greater advantage than to others, by estabUshing a regulation which acted like a lottery ^— I do not see in what way. 2615. You are aware that the original purchasers balloted for priority of •choice of land, and that the early numbers in that baUot were immediately capable of being sold at a great advance, before any steps had been taken towards estabhshing the colony ?-Yes, I am aware of that. 2t)ib. Did not the fortunate drawers of those numbers obtain a very large premium at the expense of their fellow-adveiitiirers' in this scheme?— I do not tnmk It was at all at the expense of their fellow-adventui-ers. I fv ^1?" Y^°^^' ^^P^^s^' then, was it they obtained this large premium ?— 1 thmk at nobody's expense ; the best portions of a town are necessarily of a very SELECT COMMITTEE ON SOUTH AUSTRALIA. 229 a very limited quantity, and if there be a prospect of a town being established anyivliere, certain spots likely to be most valuable possess a prospective value, which people are ready to give ; the drawer of a good right of choice only obtains that which some one was glad to give him, with a view to carrying on trade, perhaps. 2618. Are you aware that in the foundation of the town of Melbourne, at Port PhiUip, 2,469 acres were sold, within five miles of that town, at an average price of lOZ. 9 s. an acre, reaUzing nearly 26,000 1, towards the expenses of that colony ; but by adopting the plan that was adopted at Adelaide, this same land would only have produced 2,469 I., or not so much, in the first instance ? — I can quite understand that. In that case the Government undertook the work of colonizing; which comprises the selection of spots for towns, laying of them out, the selling of them by auction and in other ways ; I have no doubt that very large sums might be acquired by Government in that manner, because, in point of fact, that is just what a colonizing company does. It is taking advantage, a very fair advantage, of the superior prospective value of certain spots. 2619. It appears by the evidence which has been given before this Com- mittee, that in Adelaide the value of land immediately around the town was worth pretty nearly about the same sum as that round the town of Melbourne ; but at Adelaide this advantage went to the fortunate drawers of the earliest right of selection ? — Undoubtedly. 2620. Instead of giving to the public expenses of the colony the advantage derived from the great superiority in the value of the land immediately around the town, as compared with land at a greater distance, it was entirely enjoyed by. certain fortunate adventurers instead of the public?— No doubt it was enjoyed by such persons. 2621 . Was not that a distinct loss to the society at large, to the whole body of adventurers ?^ — As I said before, it might not be, because there might have been no colony at aU but for the temptation held out to the advance of capital and emigration by the prospect of obtaining that large premium for the most beneficially situated lands. 2622. Lord Stanley.] You stated just now that, in your opinion, the price was unnecessarily lowered to 12*., and that the minimum of 20 s. would have produced an equal number of persons wUhng to invest their capital? — I think so. 2623. If therefore the minimum price of land might safely be fixed at 20 s., and as large a number of persons would have been as willing to purchase at 20*., and if there was a great discrep^incy in the value of the lots, the least valuable of them being worth 20*., is it not clear that all the difference between 20*. and the highest value attached to the most valuable, was lost to the public, and the advantage gained by those who were fortunate enough to obtain those lots ? — I. think not, because persons will not advance their money in colonial specu- lations, or leave their country for what may be called the ordinary commercial profit. It was the hope of obtaining a very high premium on favourably situated lands that induced persons to purchase at all. I think they would quite as readily have given 20*. as 12*., because the difference between 20*. and 12*. for land on which a large fund is about to be expended in emigration, is a matter of really no consequence at aU to the purchaser. ' 2624. Are you of opinion then that the principle of lottery, giving a very large profit to certain persons, and compelling others to content themselves with a very moderate profit, was an essential condition on which the success of the foundation of the colony was to be expected ? — Not at all ; my own opinion is, that the commissioners travelled out of their proper jurisdiction when they founded a town at all, and created these values, when they established a town with town lots, and a lottery for priority of choice ; I think that is the business of individuals and companies, and not the business of the State, which was represented by these commissioners. 2625. Did you not state just now, that parties would not have been induced to take out their capital except with the prospect of obtaining some very large advantages arising out of the purchase of lots, afterwards so very valuable, for a very inferior consideration? — Yes, I think so; I think that is scarcely at variance with my last answer, because, supposing the commissioners had freely offered land for sale on the principle " first come first served," at a fixed 0.21. G G 3 price, E. a. WakefieU, Esq. 26 March 1841. 230 MINUTES OF EVIDENCE TAKEN BEFORE THE E. G. Wakefield, .price, companies such as the South AustraUan Coaapany would, have purchased Esq. large lots and founded towns, with a view to the very high profit they would expect to derive if they were successful in establishing a town, s6 March 1841. 2626. You say, adopting the principle of "first come first served;" must not the practice have been that a body of emigrants going out together can only deal for lands in one of two ways, namely, the receiving at a uniform price by lots, there being no priority of claim, or else by public auction, the land selling at the maximum price that it will fetdh; and in the former of those two methods is not a great gain derived by individuals, and consequent loss sus- tained to the public ? — I cannot see how the gain of the individual was a loss to the pubhc ; it was the prospect of that gain that appears to me the means, by which the colony was founded at all. 2627. WiU you explain that answer?— I think that unless the persons who purchased the first lands had had the prospect of making a very high profit by their investment they would not have been disposed to enter into so very riskful a speculation as the planting of a colony is, 2628. In what manner could they have obtained that advantage among par- ties going out together, where there was no priority of claim, except on the principle of allotment ? — They could have gained it in this manner, as I en- deavoured to explain before, by forming themselves into a company, by pur- chasing a very large, block of land at the uniform price, and by then reseUing it at what may be called town improvement value. 2629. Do you mean re-seUing it among themselves ? — ^R&rSeUii^ it tp other parties. 2630. In what manner could there have been a gain to one of the original colonists over another original colonist, except on the principle that was adopted of allotment ? — In the case which I supposed, just now they would have proceeded by clubbing their capital,, and the gain must have been divided amongst them in the form of dividend, or something of that kind ; but I will suppose the case of an individual having hiinself purchased the site of Adelaide, supposing always that Adelaide is the best site for the town of South Australia, he would have made a very great profit. I will suppose that he had laid out 100,000 Z. or 200,000?., he would have made a grstat profit by the re-sale of his lands. 2631. Would not permitting any individual tOf obtain the site of Adelaide in the first instance, without admitting competition on the part of other persons, have been, in proportion as it was a great a,dva«Q,tage to that indi- vidual, a great injustice to other persons, and consequent loss to the public of the whole of the money that might have been realized ?— I think not, because the public would have got the large amount of money which the individual would have paid, and which would have formed an emigration fund for the, purpose of creating the colony. 2632. Mr. G. TV. JVood.'] Does the adoption of a uniform price require, to make it a judicious course, that there should be a large colonization company formed with a view to conduct the founding of the colpny on sound and bene- ficial principles ?— I think that colonies are much better founded when, compa- nies assist; because one sees in the case of the United States, where the government, the state, does not determine where pepple should live, they, suppose that people wiU best determine that themselves^ and the state seUs land to companies or individuals who form towns in favourable spots,, and obtain a very large profit by the resale of the lands. 2633. Does not the establishment of a uniform, price entail the necessity of seUing land below its murketable value, supposing a colony to be about to be founded ?— I do not think that it has any marketable value at first ; it has no value at first ; it has a prospective value, and the prospective value is, at least in the opinion of those who think favourably of the project,- equal to the. lowest price that the state has engaged to sell lands at; it has no other marketable value ; after the property of particular individuals has been determined, so that some get a better position than others, then the superior position possesses a marketable value ; and in that sense there is no doubt that the plan of a uni- torm price involves the selling of land at less than the market value of certain portions of land. rj-^|t , J^ it y«>«r opinion that the advantage of that difference in price is more beneficiaUy with the original purchasers than with the government ?— I think with SELECT COMMITTEE ON SOUTH AUSTRALIA. 23-1 with individuals. Where the selling of land, where colonizing in short is carried on upon a greater scale than anywhere else, in the western portion of the United States (and there the government does not interfere as to where th6 town should be, or endeavour to persuade people to settle on this or that spot, but it puts up aU the land to auction at a known upset price) ; if persons bid at the autetion over each other, the highest bidder gets the land that he has bid for ; as soon as the sale by auction is over, any person can purchase any quantity of the lan,d that had been put up by auction, and not sold at the minimum ; but it curiously happens that in the United States the selling price very little ex- ceeds the upset price. The selling price at which the land is actually sold is generally just above the upset price ; the upset price is 5 s. 7 h d. an acre, and the ordinary selling price is perhaps 6 s. an acre ; I think not more than that ; there is no real competition. 2635. Lord Howick.li When you say that the price is about 6 s. ah acre, that is, calculating the average on the total amount of the sales ? — Yes, nonie being sold under the minimum. 2636. Does not that arise from the fact that large quantities of land are soM at the minimum, and then particular portions of land which offer a favourable opportunity for speculating on the creation of towns, are sold very greatly indeed above that price, so that when the excess is distributed over a large quantity, it gives the result you have stated as the average ? — I am not competerit to speak with anything hke certainty on this point ; but my impression is, that the greater part of the lands purchased with a view to towns, are purchased at Tery little above the minimum ; they are purchased by parties who explore the country and find out sooner than anybody else where the fork of two rivers or some great water-power is ; and tlien before these spots are generally known they form a company in one of the eastern cities, and the land is bought a^t very httle more than the minimum pi4t5e. 2637. Lord Stanley.'] Is that minimum upset price a determined price? — Yes, it is determined by Congress. 2638; Under that system in America, do you think such enormous and immediate profits could have been made by companies as have been made ih South Australia? — I think much greater ; I think if you could get a history of the sales of land in Rochester and BtliFalo, and in a ^eat many other towns and cities which have grown up in our own time from the forest, you would find there were great premiums. If South Austraha goes on, a few years hence you will find the most valuable spots there selling at thousands of pounds per acre. 2639. That arises from the ignorance of the competitors at the auction?— The competitors at the auction cannot be certain that a town will be formed there ; the formation of such a place as Buffalo requires a very large capital, which is furnished by some powerful company in the eastern states. 2640. Lord Howick^ Then the system in the United States is, that the surveys are very greatly in advance of the demand for land ? — No doubt. 2641. And then land is put Up in much greater quantities than can be bought by the pubhc ; and in the period between the periodical sales, any person can claim the land once offered for sale ? — No doubt a quantity is always kept in excess by a very good system of surveys ; the system of survey has received a great deal of attention by the Le^slature of the United States, and it is carried on very cheaply and very actively. 2642. Mr. G. Hope J] When you spoke of an average of 6*. an acre, cati you give the Committee any idea over what number of acres of land that average runs ? — I cannot tell ; but there is in a Report of a Committee of the House of Commons, which sat in 1836, a body of evidence relating to the whole system of disposing of land in the United States, which, I believe, is very much to be relied on ; the name of the witness was Stephenson. 2643. Mr. G. W. Wood.'] WiU you repeat the grounds on which you think a uniform price is better than a price established by auction, with a minimum price, as the principle on which to regulate the sale of lands in a colony about to be founded as South Australia was? — I have not mentioned any ground of pre- ference ; I think I have not given any opinion. 2644. I understood you to say that you thought the fixing of a uniform price better than fixing a price by auction with a minimum price ? — No, I did not express any opinion. The question of auction is a very extensive one. The 0.21. G G 4 question E, 6. Wakefield, Esq. 26 March 184I. 232 MINUTES OF EVIDENCE TAKEN BEFORE THE £. G, Wakefield, question of the diiference between an auction and a uniform price is a very Esq. extensive one, into which I have not yet entered. "~ 2645. Have you formed any definite opinion as to the preferable character 26 March 1841. ^^ ^^^^ ^f ^j^^gg ^.^^ modes over the other ? — Yes, I have. 2646. Lord ffowicAJ] Is there not this difference between the system you have now described with reference to the United States and that taken in the formation of the colony of South Australia, that in the one an advantage is given to persons for their superior knowledge and discernment in choosing land, but in the case of South Australia it was a mere question of chance, and the advantage was given to the fortunate drawers of early numbers in this ballot for the priority of selection ? — No doubt that was the case, because the commissioners chose to do the business of a land company. An American Land Company wOl, when it resells its land, have lotteries, and proceed in various ways. The commissioners did the business of a land company when they set up a lottery at all. 2647. In the first formation of Soutli Australia, was there not 35,000?. worth of land sold in lots of 135 acres each, which parties were to choose in the order in which their names came up in this ballot ; so that there would be about 400 or 500 lots of land to be disposed of? — Yes, I think that was the case. , 2648. Was it possible, in any manner of proceeding, to place such a number of lots of land open for selection without giving the first choosers a great advantage over the others, even though no town had lieen originally marked out by the commissioners? — Under any circumstances the first purchasers would have had the first choice, and they would have chosen those 'lands which afterwards they would expect to increase most rapidly in value. , 2649. In the first formation of a colony is it possible to have first purchasers; must there not be a large number of contemporaneous purchasers ? — I think they are not contemporaneous if they pay one at a time, although they may all come on the same day, at any rate within the same month. If the principle of "first come first served" were adopted the money would be received, the assign- ment of the land would be given in return for it, and the person who had paid the first would be entitled to choose first among the sections of land": but then all these questions depend entirely on one which has not yet been touched, which is, whether you are deaUng with a surveyed country or not. Talking of these questions without settling first whether the country is sup- posed to be at all surveyed, is like talking about dealings with money that has not been counted. If the country is supposed to have been all surveyed regu- larly before anything is done, then you may conclude that a very different process might be adopted from one that would be good in case no survey at all has taken place. " • 2650. Then you consider it a great error in the formation of this colony that any measures were adopted until a previous survey had been effected? —rthmk m' any case. I would only say about South AustraUa, upon the whole 1 am sufficiently well pleased with what has been done there, to be glad that It was founded as it was, rather than not founded at aU.* I think it would not have been founded under the circumstances of the then state of ' knowledge on the subject, if a previous survey had been insisted on by the brovernment. •'. 265 1 . Are you not aware that in the discussion between the Government and the original founders of this colony, one of the main objections taken by Lord l^odench to the scheme was the want of accurate exploration of the country, and sufficient surveys ?-I think the objection of Lo?d Goderich was to the' rntthlwrflr^'''' °^>^^ ^"""*''J^ ^^t^ ^^«Pe«t to its natural features. I do nf liri t J . u "^^^^«^*I «f an accurate survey, with a view to the disposal ot land, had at aU occurred to Lord Goderich. T,o.^.l nnSrrr-^ ^.m/^^ ^^^^^ ^^ ^^^ P^^^^i^e that has governed the dis- posal ot land at Port Phillip ?— Generally. fromi;- rw.T ''^^ a copy of a despatch lately presented to Parliament, irom ten- George Gipps r—I have not read it. sold ,^Vh fi!! ^^^'\.^tated, that although no land in Port Phillip had been iT? 1 fiS v. T?l''''' °^ ,^ ^^"^ ^°^^ l°t«' ^^«n he entered the government ImonnV'vpJ^ ^^^'^ '"^'^ '"^ September 1840, 1 59,000 acres, Ind the net W iQc f^"'^ """^ ^^2,760?. 10.. 7 d.; being at the average rate of It. ivs. ja. an acre, which sum has been reahzed for the benefit .of that settlement ; SELECT COMMITTEE ON SOUTH AUSTRALIA. 233 settlement ; do you know on what principle that land was sold ? — I believe by- auction. 2655. Do you know at what upset price? — I do not recollect; at 12*. an acre I think it was. 2656. Comparing the result of the system adopted at Port Phillip with that adopted at Adelaide, has not the settlement at Port Phillip derived a greater benefit from the sale of pubUc lands than the colony of South AustraUa ? — No doubt it has, because in the case of Port Phillip the Government has done that which the land company or an individual commonly does ; it has got the pre- mium profit for favourable positions. 2657. Lord Howick.'] That premium profit has been applied in meeting the early expenses of the settlement ? — I suppose it has, but then this should be taken into consideration ; Port Phillip is only an emanation from two old colonies long established, and the circumstances were very different in the case of South Australia. In the latter case the object and proposal was to go to a place that was scarcely known at all. 2658. Chairman^ Do you mean, confining yourself to the question of dis- posal of land, that the system adopted at Port Phillip could not have been adopted at South Austraha 1 — I think it might have been adopted, but it would not have produced so large a profit. 2659. Because so much land would not have been sold ? — It is obvious that a large fund was produced by competition ; there was competition at Melbourne, because a number of people had flocked in from the adjoining colonies pos- sessed of considerable capital, and they bid against each other ; but it was wholly out of the case that persons in London who had never seen South Australia, should bid against each other for lands which could not be assigned to them. I beheve in the case of Melbourne, the land was pointed out and surveyed, and people knew what lots they were bidding for. In the case of South Australia it was all speculative. 2660. Lord Howick.] In the case of Adelaide the land was ready for selec- tion, and the parties on the spot able to select it ; if, instead of determining the priority of selection by ballot, it had been determined by auction, would not a large sum have been reahzed for the Government ? — No doubt to a cer- tain extent a sum was so realized; they did sell half the town by auction, and I think the average price obtained was over 6 /. per acre, though the general price of the colony was only 12 *. 2661. Lord Stanlet/.'] With regard to the general land sold in South Aus- traha, the profit premium, which in the case of Port Phillip you say went to the advantage of the public, went into the pockets of the fortunate drawers ? — No doubt. 2662. Mr. G. W. Wood.'] Do you consider the plan adopted at Port Phillip the more judicious of the two for that colony, under the circumstances in which it was planted ? — I consider we have hardly had an opportunity of judging how that wiU work in Port Phillip any more than South Australia. I have no very decided opinion on the subject. I have not formed a very decided opinion- as to whether, under certain circumstances and certain purposes, it would not be desirable to use the auction plan in the case of towns. If Government is to* found the towns, then it ought to get a premium for favourable portions. The difl&culty that I see about an auction generally is, that it seems to me contrary to the principle upon which you require any price at all for waste land. It should be recollected, that the requiring of a price, at least by our own Govern- ment, is something quite new ; it was never thought of until the Noble Member for Northumberland, and Lord Goderich, in 1831, framed regulations for the purpose of establishing a system of sale. It is something quite new ; it is a new notion for this country. In the United States it is not : in the United States they have been accustomed to sell for 40 years. The universal belief, or common opinion in this country 12 years ago, was, that it was very inexpedient to tax new settlers, emigrants, or any such people, by making them pay for' their land. The right thing to do was, to give them the land, and let them keep their capital to work it with : so every body thought. There seems to be a great deal of truth in that. When a state possesses this large waste territory, they should allow people to use it at the least cost to them, and with the largest capital ; by taking as little of their capital as possible from them in the shape of price. But there must be some object in exacting any price at all. That object 0.2 1 . H H appears. E. G. JVakefieldf Esq. 26 March 184I. ,234 MINUTES OF EVIDENCE TAKEN BEFORE THE E. G. WakefiiU, Esq. ae March 1841. appears, to my mind, to be to keep society together, to prevent society from retrograding into what is called the primitive, state, to provide society with labouring hands, with the means of employing a number of people together in particular works, which never has been done in countries where land was very cheap, except by means bf some kind of slavery. That being the object, the question with me has been, what price will be sufficient for that purpose. If the right price had been got at, then it would appear to me unwise, or at all events unnecessary, to take any more from anybody, unless this were determined to be the best mode of getting revenue for ordinary purposes. That might be determined ; but I mean to say, as respects the matter of price only, the object should be to take just what was enough, and no more than enough. Now it is plain that the way in which price operates on what I have called keeping society together, is by preventing the labouring man from becoming a land- owner immediately on his arrival in the colony. It keeps him in a state of what may be called that natural subordination in which the greater part of mankind always have been, and probably always will be, to the smaller part. Then if the price be sufficient to keep him for three years, I will say, or four or five, in the state of a hired labourer, by subjecting the land to a real auctioa, to competition, he may be made tp pay a higher price. But that wUl depend on the quantity. If the quantity was so restricted as to create competition, by which alone you could get any higher than the up-set price, then you would make the whole labouring class pay more than was necessary for the general purpose, and would keep them for a greater number of years in the state of labourers for hire. So that it appears to me that the auction plan, except for towns and suburban lands, under peculiar circumstances, is apt to operate as a very heavy tax, and principally upon the labouring classes ; upon that class whose change of existence from labourer to landowner depends entirely on the price of land. That is my great objection to the plan of auction. 2663. Chairman^ But in the case of towns, you think an exception should be made to the practice of selling at a uniform rate ?— I think so, certainly, supposing it should be deemed right that the Government should undertake these colonizing operations, which upon the whole, I think, are better done by individuals and companies. 2664. Ought not the same exception to be made, for the same reason,- with respect to lands situate near towns, and which have acquired an increased market value ?— The question with me is, whether they are lands Ukely to be wanted or purchased by persons of the labouring classes ; and again, Ifeel the inconvenience of talking on this subject without having first settled whether the country is to be supposed surveyed or not. I will suppose the country sur- veyed. If the country be surveyed, the quantity put up for sale must be supposed to be unhmited, when the whole of it would be always open to sale at certain periods, when persons might bid against each other. In that case Uttle more than the up-set price would be got, as to the great bulk. The labouring man would always get land at the minimum: he would wait tiU after the auction; and it is «ie minimum that determines the period of the labouring man's natural slavery. Then, on the other hand, if the system of auction be adopted with effect, if a greater price be got by means of competition, the labouring man is heavUy taxed. If not, the system of auction does not produce anything more, or at any rate much more than the up-set price. And then supposing it is not attended with some considerable a^dvantages, it is attended with some considerable disadvan- tages. These are of necessity, the notice and waiting. It has been found very " inconvenient m New South Wales, on settlers arriving there, to have to wait ; because without notice an auction is only nominal. It has been found very SrT ^^^^^^^^^^ ' .^^ttlers have been kept in Montreal waiting for the pubhc sales Those are inconveniences over and above the main objection ; and unless there be some considerable advantage about auction, it appears to r.^TrfnT o\af ount of the other disadvantages attending it. Then it exnlorSf "^"'^ ^^ f^'^- ^ P"^^«^ «f ^^P^™^ knowledge^ goes out to ^fZlllTt'h^"'^ ^' ^r' *° ^°^^ ^^P^"««' ^^d he disclvefs a portion ZlZt K •'"^' T^ ^^hy^hl^, or more valuable than other spots, and he pnZS . .ITT«^' knowledge, and money, in making this discovery; he comes the land-office with a view of buying this land, but he is obliged to wait till It IS put up to auction, either till the authorities choose to put it up, or It IS put up on his application. If it be put up on his application, people say, this SELECT COMMITTEE ON SOUTH AUSTRALIA. 235 this man understands the choosing of land very well ; no doubt he has found a E. G. Wakefield, good place. They bid against him, and perhaps he does not get the land he ^^q. Wafnts : that has happened in New South Wales to a considerable extent. It ~~~ does not happen in Canada and America, because public opinion will not let it ^^ March 1841. happen. There is a class of people in the United States and in Canada who live by going to land auctions, and getting a small bribe from real purchasers on condition that they should not bid. This shows that, generally speaking, there is no real bidding. The hardship upon the individual who had taken great pains to select a particular spot, of having that spot seized away from him by some one who happens to have a little more money, or chooses to give more, would be so great in the western parts of the United States, that Lynch law would intervene ; and I beheve that is one reason why the fact is, that the selling price in the United States very little exceeds the up-set price. 2665. In order to avoid that evil, must you hot superinduce on a uniform price the right of pre-emption on the part of the person who has first looked at the ground ; how does a uniform price prevent a stranger going into the public office, and buying the land in preference to a person who has viewed it with an intention to purchase ?^ — If the price was uniform it would be, " First come first served." 2666. Might not the person who had selected it find that somebody had been before and had bought that land ? — That is just possible, not very probable. 2667. Mr. Vernon Smith.] What is the disadvantage to the public in the case of a person in New South Wales who has selected a good piece of land being (defeated in the competition of the auction f — His disappointment, and the dis- appointment of others in similar situations, which instead of making colonization popular would deter others from it, 2668. Chairman.] You state it as a hardship to the individual rather than to the public ? — It is to any individual in that situation, and it would have a deterring effect. 2669. Mr. Vernon SmithT] It would deter generally in competition ? — It would have a deterring effect. 2670. Lord Howick.] With respect to the disadvantages that you have now described as attendant on the system of auction as practised in New So,uth Wales, namely, the delay in obtaining land and the disappointment to the person who has discovered good land in being outbid by another person, are not those disadvantages completely obviated by the American plan of having the surveys well in advance, and, in the interval between periodical sales, land which has once been offered to auction, open to the demand of any applicant ? — That does not prevent a person who had set his heart upon some particular spot of land from being outbidden at the auction ; it does not prevent persons feom being disappointed. It does not prevent persons from being disappointed if they are both desirous of obtaining the land iat the same moment ; but it enables the person who has discovered land, by not bidding at the auction, and waiting till the auction is over, to get the land at his own price, in case no one at the auction chooses to have the land. 2671. If another person has equally with himself made a discovery of the advantage of the land, then it must be a contest between the two ; but if he has alone made the discovery, then by not bidding, he will, the moment the auction is over, have the advantage of his own skill? — By not bidding, he conceals from the public his wish to acquire that spot of land. 2672. Is that the way in which it works in America ; that persons who have superior skill in choosing land avaU themselves of the advantages of that skill ? — I dare say it may be. Every question again turns on whether or not the country be surveyed. 2673. I am assuming all through that the country is surveyed, and the survey is far in advance, and the land open for purchase? — In answering a question about America, practically there are cases in Canada and America too in which persons are not able to get their land at the auction, by con- cealing their wish to obtain it ; because the surveys in America, though very extensive, do not comprise all the land that people wish to have; the quan- tity of squatted land is immense. A ii^ian squats, and then, if he comes near an auction, or whether he goes near to it or not, if the country upon which he squats is brought into sale, people know very well indeed that he! will 0.21. H a 2 want 236 MINUTES OF EVIDENCE TAKEN BEFORE THE ^. G. Wakefield, ^G March 1,841. want that land ; and he is apt to be outbidden by some one, who would take the land from him. That has produced such evils in America, that three years ago they altered their legislation on an important part of the subject ; they passed a law, giving the pre-emptive right to the squatter, which has had a very bad effect in many respects ; it has spread the people out into the wilderness. Now, in the United States, as respects squatted land, there is no auction, for the person who squats on the land first has the preference. 2674. With reference to what you conceive to be the view in selling lands,' is it not impolitic to afford encouragement to squatters ? — Very. 2675. On the other system, is not encouragement given to persons having, skill in the choice of land? — ^Yes, supposing always that the extent of survey was very large. 2676. You said that the auction had really practically no effect unless the land put up for sale was limited below what was required, so as to pay a price above the minimum ? — ^Yes. 2677. But would it not have this effect, supposing the quantity put up for sale to be greatly above the demand, that it would secure to the public the special advantage of aU that land that was better than the average quality ? — Certainly. 2678. And considering the heavy demands there are for various expenses in the early stages of the settlement of a colony, is it not desirable to realize as large a fund as possible from the sale of land, consistently with the objects for which that sale is estabHshed ? — Undoubtedly it is ; there is no doubt that the adoption of the plan of auction, with such precautions as should prevent its operating as a hardship on the labouring class, would be a very valuable improvement on anything that has been done. Only take care that it does not tax the labouring man, and keep him in a state of subjection longer than need be. 2679. Mr. G. W. Wood.'] On the whole, do you think the plan of uniform price would have been the best of those two plans to have been adopted for the colony of South Australia when it was founded ? — I think when the colony of South Australia was founded, the subject was so Uttle understood and so little cared for by anybody, that one can hardly tell what would have been the best plan. The pubhc themselves did not know how to deal with one of those cases; they did not know which was the best plan for them. Buyers were not suffi- ciently conversant with the subject to be influenced by one plan or another plan. 2680. But with the benefit of subsequent experience, which of the two plans do you think now would have been best ? — I think that the best plan would have been to obtain for general government purposes whatever premium price for superior positions could have been got, taking care that the prices were not so fixed as to prevent the poorer classes of people from becoming land- owners as soon as they could become landowners consistently with the preser- vation of a civilized state of society. 26S1. Of course you mean, in either case, that the whole proceeds derived from the sale of lands by Government should be apphed to the benefit of the colony,^ either in promoting emigration or in administering good government ? — I beheve myself, and I have said so before a Committee of the House, of Commons several years ago, that if persons in authority would bestow their serious attention on this subject, the waste lands of the colonies are a mine of wealth from which very great revenues might be contributed, even to the mother country, without injury to anybody. 2682. They would even afford a surplus, doing ample justice to the colony ? — I think so. 2683. Is it not essential to the principle of a uniform price, that the land should be sold in large blocks ?— I do not think so. 2684. Did you not object to the Colonization Commissioners having sold land m small blocks, that it was foreign to their duties as commissioners having to seU at a uniform price ?— I thought that their selling a town, and entering mto the operations of a land company was foreign to their duties. 2685. Then even with a uniform price, you think that the land might be advantageously sold in small lots ?— Yes, I think so ; the lot should not be so large to make the purchase of one lot inconvenient for a labouring man, when he had saved enough out of his wages to purchase land with. 2686. Lord SELECT COMMITTEE ON SOUTH AUSTRALIA. 237 2686. Lord Stanlei/^_^ The whole of the evidence you have been giving now e. G.WalieJield, rests on the supposition that the land has been previously surveyed ? — Yes. Esq. 2687. In what manner, in the first foundation of a new colony, would you '■ provide for the survey of the land ? — It can only be provided for by a consider- ^^ March 1841, able outlay from some source or other. 2687*. In what mode do you think that outlay ought to be provided for? — So much depends on whether the authority of the State was seriously engaged in colonization, as it is in taking care to have a good fleet and army, and good judges, and many other functionaries, but which it has never been in this country. If the State was thus interested, then it appears to me that so many advantages would result from colonizing, that money might be properly advanced for the necessary surveys by the State, and by contributions fi'om the whole people of the mother country, which would be so much benefited by the spread of colonization. 2688. Do you contemplate that the first outfit of the colony ought to be provided from the mother country by way of grant or loan ? — The outfit for public purposes. Then it appears to me, as respects the future, that it would be very desirable to saddle the colony, when it grew rich, with the ultimate redemption of the purchase-money of its existence, by means of a loan, and; therefore, by means of a colonial debt, which the colony should be held bound to pay off when it could. 2688*. Among the heads of expenditure involved in the outfit of a colony, would you comprise the survey of the waste lands ? — Certainly. 2689. Supposing the principle of applying the proceeds to emigration to be ' adopted, would you contemplate the application of the net proceeds or of the gross proceeds, after deducting the expense of the survey; in other words, would you consider the expense of the survey as chargeable on the land fund, or chargeable on the general revenues of the colony ? — That depends on the settlement of one or two previous questions. If the expense of the survey were an addition to whatever might be the price, then I see not the slightest objection, on the contrary, a considerable benefit, in charging the land with the expense of the survey ; but if, according to the other expression, the emi- gration fund were only to be the net produce of sales of variable amount, depending on the amount from time to time of the expense of surveys, then there appears to me, a considerable objection to rendering the land fund liable to the expense of the surveys. 2690. But I understand you not to object to the principle of deducting the expense of the surveys from the proceeds of land applicable to the purpose of emigration, provided it be done by a rateable deduction; would you pro tanto add to the gross price received, or diminish from the net price ? — Certainly not ; because the question supposes that after all the amount of the emigration fund would be fixed. The amount of the labour fund would be constantly the same, so that everybody would know what it was. The labour fund, per acre, would be constant ; and then there is not the slightest objection. 2691. The meaning of my question was this, supposing in the one case 20.?. per acre had been the minimum price, would you object to make the price 25 s., deducting 5 s. from the amount which would otherwise be applicable to emigra- tion, and giving that 5 s. as the expense of the survey? — Not in the least; it seems quite reasonable. 2692. Chairman.'] Do you mean, after having fixed a sufficient price for land, you would not object to add to that sufficient price in order to defray the expense of surveys ? — Not at all ; it seems to be a step that ought to be taken. 2693. Mr. G. W. Wood7\ You would create two funds out of land sales ; one applicable to emigration, and the other to the expense of the surveys ? — Yes, the amount of the emigration fund, in proportion to land, being always con- stant, and therefore known, so that every man in buying would know how many persons his money would take into the colony. 2694. Lord Stanlei/.'] With reference to South Australia, have you calculated whether the expense of the survey could be charged on the price of the land, leaving, at the same time, a sufficient surplus to carry on the stream of emigration, on which the prosperity of the colony depended ? — I have always been of opinion, that the price in South Australia, is insufficient for that purpose ; therefore, any deduction from it would be injurious. 0.21. H H 3 2695. Your 238 MINUTES OF EVIDENCE TAKEN BEFORE THE E. G. Wakefield, Esq. 26 March 1841. 2695. Your mode, then, of carrying the plan into operation would be bj considerably raising the existing minimum price of land ? — Yes. 2696. To what extent do you think it would be safe or practicable to raise that minimum price, without involving the consequences to which you adverted, of keeping the emigrant in a- state which you term one of slavery 9 ' — I said, natural slavery. That is a question which it appears to me can in every case only be determined by actual observation and experience. If you begin with a price that is obviously inadequate, you may go on gradually, and while you are observing the effects of every step you take, increase the price. I see facts in South Australia, which lead me to think that the price has been insufficient. I do not know whether it has been given in evidence before this Committee, but there is no doubt that a great deal of land has been bought by labouring people in South Australia, who have established what they call villages ; they are very numerous about Adelaide and different places. They had not money to buy whole sectionSj but a number of labourers clubbed together, and bought one section,' or two or three, and made villages. They are getting into the cottier system ; they are Hving each family by itseli| doing the same things, producing the same commodities, without any motive for exchange ; and one consequence is, and I think this is also an evidence of the mischief, the enormous rate of wages which prevails in South Australia, That very high rate of wages for emigrants, after their removal from this country, has a most mischievous effect on them, and entirely corrupts them. A man who goes from 8 *. to 2 ?. 10 *. a-week, is probably good for httle at the end of the year : they drink, thfey become rude and insolent, and they acquire habits of idleness ; and I think there is plenty of information from South Australia, showing that it would have been a very good thing if the screw had been put on tighter very soon after the founding of the colony. 2697. You have stated that even under the present low price of land, the result has been that a number of labourers have still been unable to obtain a large holding, but have clubbed together to obtain small cottier freeholds. In what manner' would that be prevented, or rather might it not be aggravated, by raising the price of land to such an extent, and increasing the difficulty of procuring large holdings ? How would you check the disposition that there appears to be, of persons combining together, and purchasing a freehold, however small ? — I would increase the difficulty. 2698. Inasmuch as you increase the difficulty of obtaining land, do you not ' aggravate the temptation to obtain it in smaU blocks?— You might, by the mcrease of price, ob^date a great part of the evils that have arisen out of the present state of things. The labourer, in order to get sufficient money to purchase the quantity of land that suits him, would have to work for a longer time, the purchase-money being greater. When the land was bought, the emigration fund, speaking on the whole of an average of years, would be greater, and the stream of labour going into the colony would also be greater, so that wages would not be so high. Two things would be operating It once to keep the labourer as a labourer ; first, that wages would be lower, Snd next, that land would be higher. hlt^?^ Jl? fT *^^^ }^^ emigration fund would be increased, or is it pro- bable that the labourer, havmg acquired a certain amount of money which it 2Jft fT . r''* '"^ ^ ^''^^^^*^' ^l^i «^^y be enabled to obtain a smaUer nn«^S nf 1 ^%?^ same amount being paid into the emigration fund, but the ?hP nl^ ? f ^^^ "^^^'"^^ b^i^S ^^^U^^' a^d consequently the evils of DricemShtTp b;/SS^^^^ted?_One can suppose, of course; that such a order- nftl.^1 i.'^ ^' '''''^^ P'^'^^^^ ^ ««^r«ity of land among the poorer land .? «11 wJl^T /.' P'"^^^^' ^^ ^^^^^^d ; and then the difficulty of getting exlInt'elTun^C^'^.i^'''' *" '^y ^^^^ ^^^^ ^^1 ^^ ^^isted to a considerable think it hS ^'"'"''^ P""" °^ ^^^^' ^^^^b y°^ «o^«ider too low r-I to he\'J^S\l """"^T ?^ P^'f/''^ '*^*^ «f things, when you consider the price le^^oi^deXri^f CteT^^^^^^ ^'^ ''''' "TI^ ^^^ ^ vPTv h^o■h ^^-nin^ T ' oecause i think the two cases are quite different. The to DoSinn l;."'"^ ^ow^fupposing, makes the quantity of land in proportion to population so very small, that there is a surplus population which cannot exist SELECT COMMITTEE ON SOUTH AUSTRALIA. 239 exist at all unless it gets land ; it is like the surplus population of Ireland, it must starve unless it gets a little land. Then the cottier is content to get a mere pocket-handkerchief of land, not more than enough to maintain the existence of Ms family. That is not the case in a colony from which people can very readily remove to some other district, and rather than do which, they would squat pro- bably in defiance of the law. The mischief that has arisen in Adelaide, has been too great a faciUty for the labouring classes to set up, not as miserable cottiers, with no more land than wiU sustain each family, but to set up as market-gardeners, and farmers, and cattle rearers, and in other ways to occupy themselves otherwise than as labourers for hire ; the two cases appear to me very diflferent. 2702. Lord Howick.] You conceive the present state of the. colony to be a proof that population and territory are not duly proportioned to each other, and you think that disproportion would be naturally corrected by increasing the price which is demanded for obtaining land? — The colony has existed so short a time, and the means of observation are so deficient,, that I should not like to state it as a positive opinion, that the proportion between land and people is verj' bad ; but there are a number of indications which lead to the conclusion that the price of land in South Australia might be very beneficially increased, and that a higher price, if people had known enough of the subject, might have been demanded at first. 2703. The principle of demanding a higher price being to restrict the popu- lation within certain bounds, you think that there are symptoms in the present ^ate of Australia which would lead you to infer that that restriction has not yet been drawn sufficiently close? — I think so ; I am in hopes that it will be found possible in South Austraha and other colonies to raise the general price of new land as much above what is now deemed sufficient, as what is now deemed sufficient is above the price that was thought a great deal too much, and the enactment of which created quite an outcry in New South Wales, when the Honourable Member for Northumberland proposed 5*. an acre as the ininimum. 2704. Do you think the price of land in South Australia should be on a scale with the other lands in the other Australian colonies ? — It appears de- sirable that there should be as much uniformity as possible in the price of land in different but neighbouring colonies. 2705. You consider, although it might be more to the real advantage of capi- talists to go to a colony where land was dear, still they might be tempted by the apparent advantage of cheaper land to go to that colony where it was sold cheapest if there was not some uniformity of price established ? — I think a variety of price would be apt to cause emigration and re-emigration from one colony to another without any full understanding of the subject, and that it would be desirable that the general impression should be that the price was the same everywhere. 2706. And those symptoms which lead you to infer that the price of land in South Australia is not yet sufficiently high, are equally to be found in the other Australian colonies ? — Yes, I think so, more especially in New South Wales, where, in consequence of the loss of the assigned convicts, the pressure for labour is bringing about a very disastrous state of things. There the indi- cations are, at every turn, that the price is not sufficient to keep those labourers that go intothe colony in a state of hired labour. 2707. Then you think it extremely desirable, with reference to the whole condition of the Australian colonies, to look at the question without delay of raising the price of land generally ? — Most desirable. 2708. Mr. G. W. Wood.] Can you inform the Committee whether there is a minimum price for land in New Zealand ? — The price has now been settled at the uniform rate of 1 /. 2709. Chairman.^ Is not the principle of auction adopted there at all ? — No, the principle of uniformity is entirely adopted. 2710. Lord Howick.] And the principle of lottery? — No, the Government does not in the disposal of lands adopt any lottery ; on the contrary, it leaves lotteries to be undertaken by land companies and individuals. 2711. Was not the whole sale of the lands in that case in a company ? — No, but the Government allows individuals or any company to take any quantity of land, as soon as it is surveyed, at 1 I. an acre. 0.21. HH4 2712. Chairman.^ E. G. Wakefield, Esq. 26 March 1841. 240 MINUTES OF EVIDENCE TAKEN BEFORE THE E. G. Walcefield, Esq, 26 March 1841. 2712. Chairman.'\ Tn the case of New Zealand, does the survey necessarily precede the sale ? — With respect to a grant by the Government, it must neces- sarily precede the sale ; it is one of the great difficulties which has not been provided against in New Zealand. Great mischiefs will arise from the want of surveys. 2713. When you speak of grants do you mean the actual conveyance of the land r — I meant to say, that the survey must ; necessarily precede the actual ' giving of possession. In point of fact, something which is tantamount to a grant does precede the survey, because you buy land of the commissioners in London. 2714. But has that been the case in South Australia ? — No doubt. 2715. Mr. G. W. fVood.] Does Government make any further charge on the sale of lands in New Zealand to cover the expenses of surveying? — I- believe that they have not ; but the regulations with respect to New Zealand are not very precise; the subject is new, and has not ,been considered v^ith a view probably to the future yet. 2716. Do you consider that the government of the United States would act wisely, to abandon its principle of selling its lands by auction, and to adopt the principle of a uniform price ? — I think, as respects the great mass of com- mon land, it would act wisely by adopting the principle of uniform price ; but, as I said before, I see no objection to the adoption of the other principle with respect to certain portions of land, provided it be admitted right that a govern- ment should obtain revenue by performing the functions of a land company or an individual. 2717. In making prospective arrangements for a colony about to be founded, do you consider it most eligible for the future welfare of that colony to look to the land as the principal means of furnishing revenue, or to levy it in the way practised here, on articles of consumption through customs' duties ? — I believe all' the expenses of colonizing and governing a waste country may be got out of the land fund by good arrangements, and then, of course, it would be well to get them in that way rather than by duties of customs. 2718. Chairman.^ You mean, that ultimately it may come out of the land? — I think all. 2719. That present advances might be made which might be secured on the future proceeds ? — Yes. 2720. Mr. G. W. Wood.'] Do you mean to provide for the future revenues of the country out of the price paid for the fee simple, or to look to a permanent land tax ? — I was alluding then to the fee simple. 2721. Chairman.'] The actual proceeds of the land sales ?— Yes ; and I would say now, that it would be as easy to sell land in New Zealand for 3 I an acre as for 1 1. 2722. Lord Stanlei/.] But applying your principle to South Australia, must not the success of your principle depend on there being an indefinite supply of land contmually coming into the market ; and must not a period arise when that Si^donf ' °^^^^' ^^^^ ^^^ country is colonized ; then the opera- 2723. Therefore you do not look to the proceeds of the land sales providing tor the expenses of the colony, but merely for the colonization, and temporarily for assisting the revenues of the government ?-It is plain that a period would arnve, m the existence of any colony, when it would no longer be desirable to obtain emigrants from another country ; when the colonial society would wish irrSZ^ f ! 7"" r^. ""'^^ '''^'^^'^ °^ P^°Pl^ a quantity of waste land.- That forthpL? '"^'^V''''*^' '* ^P^^'^' *° '^^' ^ight ^itli great propriety be sold, ouffi? nf r''i P^^'"f f *" ^'^^ ^"^^^^'^d by what was recently called the outfit of the colony m the first instance. ^oZl\f^if' ^; ^''fi- ^^^"^ ^^^ colony has arrived at that stage, to what the oli^^7 '^^r ""'^ ^'' Its necessary revenue, as the one most beneficial for nosed nf^fi^f "•'"''"'r; ^' '°"'' ^ ^^ ^^^ public lands of the colony were dis- ?evenue '^ ^""^'^ °*^^^ '^^^^^ ^^^^ look to ordinary sources of deZl^^}Uh: iTv"" ^'^^■^^•3 Previous to the arrival of that period, would you burbv lin!^^ ^ ' ^^^T-^' ^'"^ ^^^ l^nAinnd. ?-I think that might be done, contempTated. '^ elaborated arrangements than ha^e yet. been 2726, Lord SELECT COMMITTEE ON SOUTH AUSTRALIA. 241 2726. Lord HowickJ] Do you conceive, if the land of a colony was gra- dually occupied by progressive colonization, in a systematic manner, that by the time such land was so occupied a society must be created sufficiently rich to be enabled to meet the expenses of government, with ordinary taxation ? — ^That seems quite natural. 2727. Chairman.'] Do you think also, that by the same time, the proceeds of the land sales would have freed the colony from all debt, and reimbursed the mother country any debt it might have incurred on account of the formation of the colony ? — I think that might be done. 2728. Lord Howick.] I understand the opinion you have now brought for- ward is, that if the price of land in a colony is made sufficiently high, it may find the means not only of providing for the expenses of emigration, but for the expenses of colonization ? — Yes. 2729. That is, that such permanent improvements as roads and bridges might be defrayed out of the funds for colonization ? —Yes. 2730. Sir William Molesworth.] At the commencement, would you apply the greater proportion of the land fund ? — That would depend upon how the land fund is created. If there be a sufficient portion of the land fund for suppljdng the colony with population, then all (that is, as respects colonization) is done, and all else you can get as land fund is good for all sorts of public purposes. 2731. Mr. Vernon Smith.'] In the early stages of a colony, how do you calculate that proportion? — I have never ventured to calculate it. Theoretically, it appears to me impossible. I have seen attempts made by very ingenious persons to lay down what they imagined was the rule for determining the price of lands in a colony theoretically, but it appears to me utterly impos- sible. 2732. Lord Howick.] You must go on gradually raising it, till the state of the colony shows you have arrived at the proper point ? — No doubt of it. E. G. Walcefield, Esq. 26 March 1841. 26 March 1841. Captain Alfred Fell, called in ; and Examined. 2733- Chairman.] ARE you commander of the Catherine Stewart Forbes ? — Captain A. Fell. I was. 2734. Have you made any voyages in that ship to South Australia ? — Two, from London. 2735. What was her tonnage? — Four hundred and fifty-seven tons. What was her draught of water when loaded ? — Nineteen feet four. What when not loaded, in ballast? — About 15 feet. When was the first voyage made? — In 1837. Did you go out with emigrants r — Yes. Did you go directly to Adelaide ? — Yes. What time of the year did you arrive there ? — In November. Had you any difficulty in making the port of Adelaide ? — None what- did not go to the port the first voyage ; I laid at Holdfast Bay. Then the first voyage, you did not enter the port of Adelaide at aU ? 2736. 2737- 2738. 2739- 2740, 2741. 2742. ever. I 2743- —No. 2744. How far is Holdfast Bay fi-om Adelaide ?— About 12 miles to the entrance. 2745. Did you land your emigrants at Holdfast Bay? — Yes. - 2746. Had you any cargo besides your emigrants? — Yes. 2747. Did you unload at Holdfast Bay? — ^Yes. 2748. How did you unload that cargo ? — Into our own boats. _ 2749. Then it was not a bulky cargo ? — Principally merchandize and pro- visions for the emigrants out there. 2750. How long were you lying at Holdfast Bay unloading ?— About three weeks. 2751. What sort of weather had you ? — A stiff breeze at times ; it is a very good place to he. 2752. Good holding ground ?— Very good. 2753. And shelter?— No shelter. 2754. Had you a wmd into the bay while you were lying there ? — ^Yes ; I conceive it as safe an anchorage as Spithead, or any roadstead in England, generally. 0.21. I I ^7J.T Are 242 MINUTES OF EVIDENCE TAKEN BEFORE THE Captain A. Fell. 2755. Are you to be understood as saying that there is no shelter, that the harbour is not protected ?— Only by the water across; there is from 12 to 14 26 March 1841. feet across the harbour ; it is like a long river, a gulf. 2756. Do you mean that there is a sand-bank at Holdfast Bay ? — No, it is a shallow. 2757. Lord Homck.'] How did you get in ?— It is protected from the ocean swell by Kangaroo Island. 2758. Chairman.'] Does Kangaroo Island constitute the same protection to Holdfast Bay as the Isle of Wight does to Spithead ?— Yes. 2759. Had you a gale of wind while there ? — Yes. 2760. Did you strike your topmasts ?— No, I did not. 2761. Did your boats carry up the emigrants and goods to Adelaide ?— No, we landed them at Holdfast Bay ; but I have been three times in the port. 2762. Did you land them ait Holdfast Bay on the beach?— Yes, on the beach. 2763. How were they conveyed from thence to Adelaide ? — By carts. 2764. Had you water there ? — Yes, about a mile and a half from the beach, 2765. What did it cost you? — £. 1 a ton. 2766. When was your second voyage made ? — In 1838 ; I arrived the 22dof March. 2767. Did you go out with emigrants again ? — No, I went out with passen- gers ; there were about 12 or 14 emigrants. 2768. And a cargo ? — Yes. 2769. Did you go up to the port on that occasion ? — Yes, direct from Eng- land to Adelaide. 2770. What time of the year did you get there ? — 22d of March. 2771. You commanded the same vessel as before ? — ^Yes. 2772. You say you went up to the port on that second voyage ? — Yes. 2773. Did you take a pilot? — Yes. 2774. Where did you get him? — ;About six miles from the entrance of tho harbour. 2775. He was an Adelaide pilot ?- — Yes. 2776. He came oflf to you ? — Yes. 2777. Did you anchor outside the mouth of the creek or harbour before yoti went in, or did you go directly in ? — We waited for the tide off the harbour's, mouth. 2778. When you went in, what was the state of the tide? — Neariy high water, 2779. What was your draught of water at the time with the cargo you then had ? — Fifteen feet ten. 2780. Had you a fair wind in ? — Yes. 2781. Did you touch the ground going in? — No. 2782. Did you sound as you went in? — ^Yes. 2783. What was the depth of water ?— About 18 feet in the shallowest part of the bar. 2784. Quite smooth water ? — ^Yes. 2785. Lord Stanley.'] What is the width of the river ?— About as broad as Blackwall. 2786. Chaii-man.'] What is the width of the channel ?— About twice the length of my ship, which is 120 feet. 2787. When you get inside the creek, how far do you go up before you anchor ?— I suppose half a mile ; you are then quite in a safe andhorage ; you have no fear of grounding there, and can swing by your anchor. 2788. Is half a mile the farthest extent you can go up the creek ?— No, eight miles up the river. 2789. With a ship the size of the Catherine Forbes?— Yes. 2790. In point of fact, you did go up half a mile from the entrance ?— I went up tour miles. 2791. When you got inside the creek, where did you land your passengers and merchandize ?— At North Arm. ^ *- 2792. How far from the port or landing-place ?— About four miles from the port or landing-place. 2793. From the old port?— Yes. 2794. Have you been there since the new port has been made?— Yes. 2795. How SELECT COMMITTEE ON SOUTH AUSTRALIA. 243 2795. How far is it from where the new port is constructed ? — ^Two miles. Captain A. Fell. 2796. Is that as near as a ship the size of the Catherine Forbes could ap- proach for the purpose of discharging its cargo ? — I have laid right abreast of 26 March 1841. the wharf. 2797. What depth of water had you at the North Arm when lying there ?-^ Four fathoms. 2798. How far does that extend ? — About a mile each side of the ship. 2799. How were you anchored ?— Moored with two bowers, and swinging with the tide. 2800. You made fast to the shore ? — No, the ship swung at the North Arm. 2801. Were there any others there at the same time ?— Yes, four. 2802. Of what size? — ^There was the brig Porter, of about 200 or 300 tons ; vessels varying from 300 to 400 tons. 2803. You said you once laid the ship alongside the wharf ? — Abreast the wharf. 2804. What is the highest point where a ship of the size of the Catherine Forbes can lie with safety in the creek ; how far from the new port ? — About 20 yards from the new port. 2805. What depth of water is there r— Eighteen feet. 2806. At low water ? — About six feet rise of tide. 2807. Is there a very strong current ? — ^Yes, there is at times, when there are spring-tides. 2808. Is the entrance of the harbour marked out with buoys ? — ^Yes, very well marked. 2809. What were the names of the three ships lying there when you were there? — One was called the Planter; I forget the name of the other; the Dawson, I think it was. 2810. Did these ships arrive while you were there, or did you find them there ? — ^The Planter arrived while I was there. 2811. Did she touch the ground coming in ? — No. 2812. Do you know her draught of water ? — Sixteen feet. 2813. Did you hear of the other ships having touched the ground going in or out ? — No, several grounded on the second bar in trying to beat the ships up. 2814. What do you mean by the second bar? — There is an inner bar, with about the same depth of water that there is in the first bar. 2815. Why did you not go into the harbour the first voyage ? — It was hardly known when I was there first, in 1837- 28] 6. Where did you land your passengers and cargo on the second voyage? — At the old port. 2817. How were they carried up to Adelaide? — By buUbck-carts. 2818-19. Did you take in water on that occasion ? — No, I had water enough ; I went to Launceston. 2820. Did the other ships lying there water at that time ? — ^Yes, most of them water at the North Arm, when they do water. 2821. Where does the water come from? — From a small point in Torrens's Island. 2822. How far from the landing-place at North Arm ? — About 20 yards ; not so much; 10. 2823. How far had the boats to go from the ships for it ? — ^About 500 yards ; ships could lie right abreast of the landing-place. 2824. Was it good water ? — I believe not very good water. 2825. Had anything been done to the bar with a view to deepen the water between your first and second voyage ? — Very little. 2826. Have you heard of any improvement having been lately made ? — No, I think not; there was a ballast lighter working on the bar at the time I was there, but I do not think she does much good. 2827. Is there a strong tide running there ? — Yes. 2828. You said you have made three voyages? — I have made four voyages there. 2829. Have you made any other voyages to Adelaide than the two you have mentioned?- — ^Yes, in the years 1838 and 1839. 2830. The second voyage was in 1838 ? — Yes. 2831. In what ship ?^-The Catherine Stewart Forbes. I I 2 2832. Did 244 MINUTES OF EVIDENCE TAKEN BEFORE THE Captain A. FeU. 2832. Did you on either, or both of those occasions go into the harbour ?— " — ■■ On both. 26 March 1841. 2833. Was the ship loaded on those occasions ? — Yes. 2834. Did you get into the harbour with equal facility as in the first voyage in 1838? — Yes, without any accident. 2835. Did you lie in the upper part of the harbour ? — ^Yes, I went up for the new port as marked out. 2836. On which of the voyages was it that you lay abreast of the new port, and within 20 yards of it?— In 1839. 2837. Was the ship then lashed to the shore? — We were moored all -fours, head and stern. 2838. There was not room there for a ship to swing ?— -No. 2839. How many ships can lie in that harbour and discharge their cargoes at the same time with convenience? — Froiji 12 to 14 could lie in the place I was l}'ing in. 2840. How far would the furthest of those ships be from the new port? — Not above the length of each ship; the length of 20 ships or 14 ships; they would all lie close together, because there is not the slightest danger there.. 2841 . When you discharged your cargo, did you leave the port immediately? —Yes. 2842. Were there other ships l)dng between you and the entrance of the harbour when you came out ? — Yes. 2843. Had you any difficulty in passing them ? — None. 2843. Did you sail aU the way down from the place where you had been moored, or did you warp her out any part of the way ? — No, we hoisted our topsails and ran dowa from the shore abreast the new wharf, 2845. Mr. Vernon Smith.'] How long did you stay in South Australia ? — I was about 13 months in trading. 2846. Have you any land there yourself, or any interest in the colony?— I have got an acre of land in the town. 2847. Any other interest ? — I have got some interest at Port Lincoln. 2848. Lord Stanley.'] At what time did you purchase that land? — ^The last time I was there. 2849. In 1839?— Yes. 2850. Have you any objection to state what you gave for it at that time ?— I gave 148^. for it. 2851. Lord Howick.] It is not in the centre of the town?— No; it is in Halifax-street. 2852. Lord Stanlei/.] Are you in the service of the Australian Company? 2853. Chairman.] Was the Catherine Stewart Forbes one of these ships? —No. 2854. Lord Howick.] Is there increased facility for watering ships at the hew port now ?— None. 2855. Chairman.] What is the nearest place at which they can get good water ? — About three miles. 2856. Lord Howick.] Do captains in ge^neral get their water from the town of Adelaide?— They generally get it at Torrens's Island; they send their boats down ; sometimes they get it at the half-way house : there is a house there that supplies ships. 2857. Chairman.] In your fourth voyage did you enter the harbour with equal facility ? — Yes. 2858. You have made four voyages in the Catherine Stewart Forbes ; you went into the harbour on three of those occasions, and you state that the ships did not take the ground going in or coming out?— No. 2859. Mr. Vernon Smith.] Was the expense of living very great at Adelaide when you were there ?-Exceedingly great ; I paid 80I a ton for flour. 2800. Do you remember any other prices of provisions ?— Yes, for common bread I paid 56 *. per cwt. ; beef was 1 s. per lb. 2861. Chairman.] Was there a great expense attending the conveyance of your cargo from the landing-place to the town ?— Yes, very great indeed. 2802. yViU not the expense be greater from the new port than the old, as the new port is two miles farther from the town than the old?— Yes. 2863. Lord SELECT COMMITTEE ON SOUTH AUSTRALIA. 245 •2863. Lord Howick.] There were very bad roads when you were there? — Captain A. Fett. Very bad indeed ; they could not go on the new road at all with a cart ; they ' were obUged to metal it. 26 March 1841. 2864. And in 1838 it was almost going through a swamp? — They never went down to the new port ; there was nothing carried from the new port at the time I was in the colony ; that was the only road. 2865. And that road a very bad one ? — Not from the old port ; it is a very good road indeed. 2866. But in spite of that, it was very expensive carrying up a cargo? — Yes, everything was expensive at that time ; labour, provisions, and everything was high ; we were obliged to give a labourer a high price for doing anything. Mr. Edmund John Wheeler, called in ; and Examined. 2867-8. Chairman.'] ARE there many ships either belonging to or in the Mr. E.J. Wheeler. employment of the South Australian Company that trade between London and Australia? — We have had to do with a great number of ships ; not so many of our own as we have chartered or shipped goods on board. 2869. Captain A' Court.'] Is the rate of insurance higher for ships going to Adelaide than to Van Diemen's Land or Sydney ? — No, it is not. 2870. Sir William Molesworth.] Is the rate of insurance the same to Ade- laide as to Sydney ? — I have insured very large sums in specie, at the rate of 25 s. per cent, including every risk, and on other goods at 45 *. to 50 *. ; and I am not aware of any insurance being done to South Australia at any lower rate. 2871. Chairman.] What is the size of the ships? — From 200 to 700 tons; the general size is from 400 to 600 tons. 2872. Have you had a ship of the burthen of 700 tons which has entered the harbour of Adelaide ? — I believe the Hindostan of 700 tons has entered. 2873. What was her draught of water ? — I should say that she would draw l6 or 17 feet. 2874. Have any of the ships employed by the company been lost on that coast by maMng the harbour, or in the neighbourhood of it ? — I am not aware of any vessel that has left any port of England for South Australia that has sus- tained any damage at all, not merely those of the company, but those that have gone to the colony. It is a singular circumstance that the whole have arrived in safety. 2875. Do you mean you have not heard of any ships touching the ground, going in or coming out ? — There may be a few that have touched the ground, not sustaining any injury. 2876. Captain A" Court.] You never heard of one cast ashore in the Gulf of St. Vincent ? — There have been t\vo or three small ships coming from the other colonies, not from London. 2877. Chairman.] Do the ships always enter the harbour of Adelaide, or do many of them land their cargoes at Holdfast Bay ? — Most of them enter the harbour. 2878. Why not all of them? — Those very large ones, which perhaps have emigrants, they disembark their emigrants and then ga round to the port ; or smaller vessels bringing stock from other colonies, perhaps they put 500 or 600 sheep over the side, and go off directly. 2879. Why do the larger ships land their emigrants; is it to lessen their draught of water ? — With the view of saving provisions for so many mUes. 2&80. Do you mean that they do that in case of being detained by contrary winds from entering the harbour so soon ? — Yes, the same as the tide and other circumstances in this river detains ships from coming into the docks. 2881. Supposing the wind is fair, is there any difficulty, at any season of the year, in entering the harbour at high water ? — I have not heard of any. 2882. The only ground of detention beyond a tide, would be the want of a fair wind ? — Yes, I think so ; the proof of what vessels think of it is, that there are several, large ships which have made a second voyage to that colony. 0.21. I I 3 246 MINUTES OF EVIDENCE TAKEN BEFORE THE Martis, 30" die Martii, 1841. MEMBERS PRESENT. Captain A'Couit, Sir George Grey. Mr. Gladstone. Lord Howick. Lord Viscount Mahon. Sir W. Molesworth. Mr. Parker. Mr. Sotheron; Mr. Vernon Smithi Lord Stanley. Mr. G. W. Wood. The Right Hon. Sib GEORGE GREY, Bart, in the Chair. Mr. J^eph Jackson, called in ; and Examvitied. Mr. Joseph Jackson, to the Board of Colonization a certain blank form of Vide Appendix, (Paper No. 16), p. a66, 267. 2883. Chairman^ ARE you the AcCoUiitant Cottirttissioners for South Australia ? — I am. " ' — 2884. Were you directed by the Board to fill up 36 March 1841. fiiiancial returns for the use of thfe Committee ?— I was. 2885. The Committee have received two returns not very materially dif- ferent, but varying in some particulars from each other, both accompanied by your signature ; and they have also had laid before them a copy of a letter addressed by you to Mr. Walcot, as secretary to the Colonization Commas- * sioners, in which you state that you were anxious to withdraw the first of those, which you considered to beixtcomplete ; will you point out which is the return which you wish to deliver in to the Committee as a complete return in answer to their requisition ? — That is one, and that is the other .--(TAe Witness delivered in the same.) 2886. Do those two papers, marked (A.) and (B.), comprise a complete return to the requisition of the Committee ? — They do. 2887. In what respect do these differ from the other return, which is also signed by you, and which you are anxious to withdraw ? — I think that is incom*- plete, inasmuch as it does not contain the ways and means for December 1840, which I take by the heading of this paper to be the wish of the Committee to have. 2888; There is a note appended to the return marked (A.), is that appended to the former return? — ^Not the one that I signed by the direction of Colonel Torrens; I stated to Colonel Torrens that I did not consider that that state- ment was complete, inasmuch as it did not contain the ways and means fully to the end of the yeS-r. 2889. Then you wish to withdraw the return which was not complfete in that respect, and which has not got the note appended to it, and to substitute for it the return which you have now delivered in marked (A.), which does contain the return for December, and also contains the explanatory note ? — ^Yes. Edward Gibbon Wak^eld, Esq;. <*alled in ; and further Examined. E.G. Wakefield, 2890. Sir William Molesworth.'] TO revert to the subject upon which you E'q- were examined' at the last meeting of the Committee, you then said that you ^ had carefully considered the causes of the financial embarrassments of the colony of South Austraha, and amongst those causes you mentioned the provi- sions of the first South Australian Act. Are there any other causes besides those you have mentioned, to which you attribute the financial embarrassDfte^ts of South AustraUd ? — One of the regulations of the commissioners, made under the power conferred on them by the Act, appears to me to have a very mis- chievous tendency. They made a provision for special surveys at the public expense. 2891. What was the effect of that provision? — ^The effect obviously was to create an enormous expenditure for surveys ; because the surveying staff, which might SELECT COMMITTEE ON SOUTH AUSTRALIA. 247 might have been employed in one place, gradually surveying the country from some determinate lines, was sent about into various parts of the country, some- times to very considerable distances from the spot where the main surveys were going on, and in each case for the purpose of throwing open to the public only 4,000 acres of land, while the quantity of acres surveyed in each case was really 16,000 acres of land. For every 4,000 acres of land purchased 16,000 acres were surveyed, which seems to have been a very unnecessary expense. But above all, the expense of detaching parties of surveyors for the purpose of making those special surveys was so great, that I have heard in some cases it amounted to as much as the whole purchase-money of the land. That of course was a very mischievous effect, because it was at once eating up the emigration fund by the expense of surveys. But the most injurious operation, as it appears to me, of the special-survey system at the public expense, was that it encouraged a spirit of mere land-jobbing. People wanted to acquire the most valuable spots at the very low price of 1 /. an acre, as they could have those very valuable spots surveyed and made over to them at the public expense. A great deal of speculation was entered into beyond that which was re- quired by the wants of the colonists ; and I think the special surveys at the public expense have been the principal cause of the land-jobbing and gambling in land which has taken place to a great extent in South Australia, and has prevented the people from pursuing that which they ought to have engaged in, namely, vario\is modes of production. 2892. When you say "special surveys at the public expense," do you object to special surveys at the private expense of individuals ? — LooWng at it as a general question, perhaps there might be no objection to spedal surveys at the expense of the parties applying for them ; but I doubt whether, in such a case as this, there would have been any special surveys at all upon that condition. It seems desirable, when the surveys are not in advance of the demand for land, that where parties are desirous of acquiring land and paying for it, more especially if they pay for it a sufficient price, they should be allowed to obtain it if they themselves will defray the cost of surveying it. But that is always upon the supposition, which was taken as the basis of some answers the other day, that the surveys have not been carried on in advance ; that the country is not surveyed, and that therefore some facilities should be afforded to persons who may be desirous of acquiring particular spots, of obtaining them at their own expense. 2893. Then you would not object to the system of special surveys, at the expense of individuals ? — I think not, if precautions were taken to prevent parties from acquiring, if they took only a small quantity of land, such very valuable spots as the mouths of harbours or .the forks of rivers. With such pre- cautions as those it appears to me that special surveys might be allowed at the expense of the parties appljdng ; but unless that tax be put upon the parties to restrain them from mere speculation, there will always be found, in the forma- tion of a new colony, a number of people ready to he out of their money, and to seize as soon as they can the most valuable spots ; that system gives a great appearance of doing business, and of getting on fast, but it is in fact a discount- ing of the prosperity of the colony ; it is sacrificing the future prosperity of colonization to the sudden and immediate production of a fund by the sale of land before the wants of the colonists actually require that so much land should be taken into use. 2894. Do you think the consequence of the special-survey system to be to give aifalse appearance of pecuniary prosperity to the colony? — ^I think so ; I think that there has been a false appearance of pecuniary prosperity, and that probably to that may in a great measure be attributed the greatness of the expenditure of the local Government. The Commissioners here and the governor there, when he arrived, seem to have fancied that this colony was so pros- perous that they could hardly spend too much money upon it ; that it was in a train of being so very rich, that expenditure was of very little consequence. 2895. You spoke just now of the very low price of 1 1, an acre ; do you con- sider the price of 1 1, too low a price for an acre of land in South Australia ? — £. 1 an acre appears to me to be hardly a real price ; it is more a nominal price than a real one. Provided the colony prospers at all, picked land is sure to become so much more valuable than \l. an acre, that I regard it, in a great measure, as a nominal price. But the main objection to that price gene- 0.21. 114 rally. E. G. Wakefield, Esq. 30 March ]84i. 248 MINUTES OF EVIDENCE TAKEN BEFORE THE E.G.Walcefidd, raUv, and more particularly in South Australia, as instanced by the rate of li^sq- -wages there, is, that land is still too cheap at 1/. an acre. I will illus- trate that by an extravagant supposition, that by some process sea could be 30 March 1841. converted into land adjoining the shores of England ; if it were converted into land in unlimited quantities, and sold at the rate of 1 1, an acre, we should very soon feel here a great want of labourers for hire. At the price of 1 1, an acre there would be such a facility for obtaining land that the labourers would leave then- employment and become land-owners, as happens generally in the free states of America ; and we might be brought to wish, in order that our manu- factures might go on, for such an economical state of things as that which exists in America, where there are three millions of slaves, estimated to be worth at market, on the average, 100/. a piece, and of the value, therefore, of 300,000,000^. sterUng, which is nearly half the amount of our national debt. That appears to me to arise altogether from the very low price of land ; and I do not see much difference as respects the question of that pressure which preserves labour for hire, between the American price oibs.7 hd. an acre, and the South AustraUan price of 1 1, an acre. 2896. Have you formed any opinion as to what ought to be the price in South Austraha ? — I have never formed any opinion as to what the price ought to be, and I do not think it is possible theoretically to lay down any rules by which one can say what the price ought to be in any case ; but, practically, I am satisfied, now that the subject is more generally understood than it was some years ago, that it would be as easy to sell the better descriptions of land (which would be the first that persons would buy) at 21. or 3 I. an acre as it was 10 years ago to sell them in New South Wales at 5 s. an acre, when everybody cried out and said, that the colony would be ruined by the imposition of that low price. 2897. You have stated the evils which result from too low a price of land; on the other hand, are there not evils which may result from too high a price ? — Of course there are, because the price might be such as to produce the state of things which exists in this country and in Ireland, where emigration becomes very desirable, because there is not enough land for the increase of the people. That opinion, however, I state only theoretically, because if such a pressure were imposed by law merely, not, as it is here, by economical necessities, the people would probably break the law, and use the land ; at all events, it would be impossible to maintain so high a price as that. But still it is very easy to suppose a price not so high as that which would still be very inconvenient, which would, for example, compel the labourers to remain labourers for hire during the greater part of their Hves ; that would be too high a price. The great object seems to be, to get at that just medium which would be neither too high, as Hkely to produce a pressure of population, nor too low, as likely to relax too much the bonds of society. 2898. Between those two prices, namely, the one too low, which would cause too large a proportion of land to the population ; and the other too high, which might lead to squatting and an excess of labour, as compared with land, you think there is a medium price ? — I think it is quite clear, that there is some price between those two extremes ; but not that that price would be equally apphcable to all colonies, because, in a colony where land is extremely rich, and a very small quantity suffices for the maintenance of labourers' families, as in the case of the West Indies, no effect would be produced upon the labour market by imposing such a price as might be amply sufficient to produce that effect in Austraha, where the land is much less productive. I mean to say, that we must in all cases be very much governed by the peculiar natural circumstances of the colony. 2899. Do you think that is a general test, by which you can ascertain whether the price of land is sufficiently high or too low?— I think that would be a very good test, provided the condition were first complied with which was mentioned the other day ; that is, provided the colony were surveyed, so that there should be perfect facihty of appropriation. In that case, I think that the rate of wages, and the term during which it was found, with that rate ot wages, that the labourers must necessarily work for hire, would be a guide ' to the proper price. Where wages are extremely high, so high as they are, for instance, in South Austraha, where they are so high as quite to spoil people that go out. It would be clear that the price of land was too high, that the facihty SELECT COMMITTEE ON SOUTH AUSTRALIA. 249 facility of quitting the situation of labourer for that of landowner was too great ; and, on the other hand, if it was found that there was a want of employment for labourers, that there was an excess of labouring hands, it would be clear that the price ought to be lowered, in order to promote a greater dispersion of people over a large space of ground. 2900. Lord HowicTc^ You were understood to say, that you consider the price of land at present too low ; do you think that low price has a tendency to encourage settlers to disperse themselves over too great an extent of country, and so to increase the expenses of police and government ? — I should think it had ; I am not sufficiently acquainted with the actual state of things in South AustraUa to be able to give a decided opinion upon that, but, from all I have heard, it appears to me there has been a great deal of wandering about there in search of new settlements, and that this has been promoted partly by the price being too low, and partly by the facQity afforded by the special survey system at the public expense. 2901. Is not the effect of asking a price very much lower than that which the land will probably ultimately bear, to encourage capitalists to buy large tracts at a distance, with a view to that future rise of price, and so to extend the colony too fast ? — No doubt too low a price encourages that sort of specula- tion. 2902. Has not it also the effect of throwing away, prematurely, that which would ultimately become a very valuable resource to the colony ? — I think it has ; the impression is upon my mind every day, that from not putting a sufficient price upon land we are wasting most valuable public property. 2903. And the time wiU therefore come when no pecuniary means of this kind will be available for carrying on the service of the colony ? — Of course ; and great mischief is produced besides ; because, when a very large quantity of land has become private property, (I mean very large in proportion to the number of people,) numerous inconveniences arise, and amongst them is the necessity, which has been found to prevail in all the United States, of imposing a wild land-tax in order to force people to give up land which they have obtained in a manner mischievous to the public. 2904. You think it much better, instead of imposing a tax of that description upon land after it is sold, to demand such a price that the interest of the money shall operate in the same way as the land-tax would ? — I think so, decidedly. 2905. You said that it is not possible theoretically to determine now how high the price of land ought eventually to be carried in South Australia, but that practically it would be as easy to obtain 2 ^. or 3 I. for it, as the 1 1, that is now asked ? — I believe so. 2906. Is it your opinion that the price of land should be raised to a certain degree now and then, watching the symptoms of the colony, and that the rise should be carried on progressively till the' state of society shows that it has been sufficiently raised ? — I think so ; I think it would be one of the greatest improvements in colonial economy that could be devised to make a gradual in- crease of price, just taking care not to overrun the mark. 2907. You conceive that it would be impossible at once to raise it so high as probably it may be found desirable ultimately to fix it ? — Probably if it were raised as high now as persons who have paid most attention to the subject would be willing to raise it, the great bulk of purchasers who have not paid so much attention to the subject would think that it had been raised too high, and that might deter purchasers altogether. Therefore it seems desirable that it should be raised by degrees ; but the opinion is growing so fast in favour of a higher price for waste lands, that even now there would be a disposition to pay a very considerable price in comparison with any that has hitherto been re- quired, if in each group of colonies (but I am speaking now more especially with respect to the Australian group) the price was the same or nearly the same, 2908. You think that exactly as has been the case with respect to the rise of price which was made in 1831, experience would reconcile people to the change, and that gradually the price might be advanced still further.? — What has taken place under the regulations of 1831 has converted, I may say, everybody in the Australian colonies to the notion of what would 10 years ago have been called an extravagant price for land. I have here a memorial which has recently been addressed to the Government, and signed by all the leading merchants and other persons connected with New South Wales, in England. It was drawn up 0.21. K K by' E.G. Wakefield, Esq. 30 March 1841. 250 MINUTES OF EVIDENCE TAKEN BEFORE THE E. G. Wakefield, Esq. 30 March 1841. Vide Appendix, (Paper, No. 18), p. 272. by a merchant of New South Wales, who may be called the leading merchant of all those colonies, a very leading man amongst them, Mr. Thomas Wa,lker. It has been signed by the whole of those persons, and the object of it is to pray for measures which would give greater effect to what was done in 1831. 2009. Will you put in that memorial? — (The Witness delivered in the same.) 2910. How far should you think it expedient to carry, in the first instance, the augmentation of the price of land ?— I should have no hesitation myself in requiring 2 I. an acre throughout the Australian colonies ; and I say that, because, speaking now from a knowledge of the disposition of the buyers of land, I am quite satisfied that it would be as easy to sell land at that price as at 1 1., provided the price were universal. 2911. You would propose to fix a general minimum price in the Australian colonies of 2 I, with the intention of gradually augmenting that price as cir- cumstances required ? — Certainly ; and with some declaration, if possible, on the part of the authority by which the price was fixed, that, provided it could be done without injury to anybody, it was the intention of Government to raise the price. 2912. If that system was adopted, would it not be necessary, in order to give confidence to purchasers, that there should be some legislative provision, that although it should be competent to the Government to raise the minimum price of land, yet when the minimum price was once raised, it was not com- petent to the Government to lower it again ? — I think something of that sort would be very desirable, because land-buying in the colonies is a new com- merce which has grown up within the last ten years, and unless there was some certainty about it, people would not be disposed to embark largely in making purchases of land at one price, when events might occur by which the price of land generally would be very much lowered afterwards. I think, there- fore, that some legislative enactment to that effect is desirable. 2913. As the price of land becomes higher, does not it seem the more neces- sary to adopt some measure which would give persons confidence that they would not be exposed to the competition of other purchasers obtaining land on more favourable terms ; and might not that be effected by a legislative provision, leaving to the Crown the power of raising the price of land, but depriving it of the power of again lowering it without applying to Parliament ? — I think that would be a perfect provision. 2914. Mr. Vernon Smith.'] Do you think it would be advisable by an Act of Parliament to bind up the Crown from ever after lowering the price of land? — The Crown would not ever after be bound up, because when the Crown repre- sented to ParUament afterwards that the price was too high. Parliament would allow the Crown to relax the price. 2915. You would see no objection to such an enactment, under all the circumstances ?— I am sure it would be attended with very beneficial con- sequences. 2916. Can you state what are the symptoms and circumstances of a colony, which might furnish a guide as to the proper time to raise the price of land ?— There is one set of circumstances from which it may be inferred whether or not the price is high enough, and those are aU the circumstances which belong to the rate of wages : if the wages of labour are extravagant, and the colony is crymg out for labouring hands, as New South Wales is now, feehng the want ot a supply from convict assignments, and also South Australia, it seems plain that the price may be raised without hurting anybody. 2917 In whose hands do you think the discretion of raising the price would be best lettr— In some officer of the Crown, acting under a legislative measure ot the nature suggested in a former question, which would prevent him from lowenng the price. 2918. You mean an officer resident in the colony?— The answer to that question would depend upon, whether the Government had determined to systematise the whole business of the disposal of waste land; if it had, and Its object really was to draw the greatest good out of what may be done by that means, then I think the subject is of sufficient importance to deserve the care ot a special officer in this country, and that the same principle should be applied to It as has been in the case of the poor law. There a great public work was SELECT COMMITTEE ON SOUTH AUSTRALIA. 251 was to be performed, of a kind requiring peculiar qualities in the administrators, and their exclusive attention ; and in that case Parliament saw fit to place the whole business in those special hands. In that case another principle was adopted that will apply to this case. If the authority were given to a colonial officer, it must be an officer in each colony ; and then the same uniformity would not be obtained as if the authority resided here. 2919. Do you think the same rule as to the rate of price would apply to the whole of the Australian colonies, or do you think it should vary according to the nature of the land, and the circumstances of each colony ? — The Australian colonies, properly speaking, are so similar in character, that it appears to me that the same rule would apply to them all, without a question ; but in conse- quence of its proximity to the Australian colonies, it would be necessary to include in the rule of uniformity the neighbouring colony of New Zealand. 2920. And Van Diemen's Land? — Van Diemen's Land I consider one of the Australian colonies. , 2921. Lord Howick.^ When you speak of estabUshing a uniform price, you mean only so far as establishing the same minimum price ? — The same minimum price ; the object being that persons should not move about from one colony to another in search of land at a lower price. 2922. Chairman.^ Do you mean that, having established the same minimum price, you would not object to a different actual selling price existing in two of the Austrahan colonies at the same time ? — The actual selling price will depend upon circumstances which Government could hardly regulate ; that would depend upon the amount of competition. 2923. You are supposing that the land should be put up at a minimum price for sale by auction ? — Yes. 2924. Lord Stanlei/.] You were understood to say, speaking of the lottery system which prevailed in the first instance, that capitalists would not have gone out except from the temptation of realizing large profits ? — I think that was very much the case. In the first instance very few persons were acquainted with the country, and the prospect of a large prize in the lottery was a great inducement to persons to go to this new place. 2925. Did not the success of the experiment at first depend upon large investments of capital being made in the purchase of land, the proceeds of those purchases being to be laid out in the transportation of labour to the colony ? — No doubt the success of the experiment depended upon that, but it is a question of degree ; I think if less had been done in the first two or three years than actually was done, the experiment would have succeeded better. 2926. Did not the system of special surveys tend to the same result, namely, affording an inducement to capitalists to invest capital in land, with the prospect of reaUzing large gains ? — I think so ; and in that respect it had a very bad effect. 2927. You think, then, that that system has led to a fictitious appearance of prosperity in the colony? — I think a great deal of the prosperity has been fictitious. 2928. Has it not at the same time induced a larger expenditure of capital in the colony than would otherwise have taken place, in the purchase of land ? — I have no doubt it has. 2929. Has that supply of capital in the colony been found more than adequate to carry. out a due supply of emigrants ? — The number of emigrants carried out in proportion to the amount of private capital taken into the colony, appears to have been deficient ; that is so say, great as were the purchases of land by capitaHsts, a greater proportion of the capital which has gone there seems to have been taken into the colony for employment in other ways. 2930. The prosperity of the colony depending upon a certain proportion being borne between the amount of labour imported and the amount of capital invested, your opinion is that a sufficient proportion of labour has not been imported.^ — I think an insufficient proportion. 2931. Would not a reduction of the amount of capital applicable to those purposes by the purchase of land have increased the disproportion of which you now complain? — If the proportion of private capital, over and above what was paid for land, had remained the same, then of course that would have been the effect. 0.21. K K 2 2932. Has E. G. Wakefield, Esq. 30 March 1841. -252 MINUTES OF EVIDENCE TAKEN BEFORE THE E. G. Wakefield, Esq. 30 March 1841. 2932. Has not one result of the special surveys been, that a large quantity of land is now unoccupied in the hands of individuals r — I have no doubt of it. 2Q33. And unoccupied in consequence of there being a want of labour to cultivate it profitably ? — ^That may be one cause ; but another cause probably is a want of demand for its produce, because so much of the land that has been appropriated was not required by the people. 2934. Supposing the Government selling price to be raised from 1 1, to 2 I. per acre, which you state might be done now, would not the result probably be that there would be a great check imposed upon Government sales, and that a number of individuals who have become possessed of property at 1 1, per acre would be disposed to sell at the price of 2 /. ?— No doubt that effect would take place ; and that is one of the evils which one has always to contend with in raising the price of land in a colony where any misappropriation of land has taken place. In any colony where land has been got by anybody at too cheap a rate, then if you raise the general price to a sufficient amount you check the Government sales for the moment, and give a great premium to those who have acquired lands at the lower price. 2935. Would not the effect of checking or putting an end to the Government sales be to stop altogether the influx of immigrant labour, upon which the scheme of the colony entirely depends ? — No doubt, if the sales ceased altogether emigration must cease, and the colony would then be in the state of any other which has never had an emigration fand. But in the course of time, (it is impossible to say in what time,) the sales must recommence, and the stream of emigration would again flow into the colony. 2936. But in the meantime there would be a double check to the increase of the colony : first, the check imposed by the increased price of land ; and next, the check imposed by the cessation of that stream of immigrant labour which is necessary to give value to the land, and the absence of which is now the principal cause of complaint ? — Then the worst effect would be that the colony would be in the state of any other which has never had an emigration fund provided by the sales of land. 2937. Did not the whole principle of this colony, and that upon which its claim to the title of a self-supporting colony was founded, depend upon keeping up a constant supply of immigrant labour to give value to the land, in the purchase of which capital had been previously employed ? — No doubt ; but it was never supposed that that stream would be kept up continuously; that the emigration would be the same in all years. There would occasionally be times of great competition for land, when much land would be bought, and other times when very little would be bought. That has been the case in the United States, where the system of sale has been steadily pursued for 40 years ; in some years the revenue has amounted to 4,000,000/. sterling from the sales of land, and in one or two years afterwards it amounted only to 400,000/. sterhng. These variations necessarily take place. The only claim that South Australia possessed to be distinguished from other colonies was, that It had a considerable security for the continuous supply of labour ; but it was never imagined by anybody that I am aware of, that there would never be any msufficiency in that supply ; that the supply vfould always be exactly the 2938 Were you rightly understood to state, that you considered the high ^vf ?• u ?."^,\^ ^^ ^°^°^y *° depend in a great measure upon the facility with which the labourers obtained land ?— Yes. 2939. And that with a view to check that mischief, you proposed to raise the price of land ?-With a view to prevent it in future. ^ ^ ^ 2940. Supposing the effect of raising the price of land were, to put a stop to the government sales, would not the non-influx of emigrants, arising from that cause more than counterbalance any advantage that could arise from the alteration :--0f course it would, upon the supposition that the sales of land rrl f ^^t^J^^^asf ■' but I think they would not cease ; that the raising the S?! T S t° ^"^ ^'^''^ ^°^^^ ^ot have the effect of putting a stop to the for it ^ "^^""^ proceeding according to the plan originally laid down 2941. Do I.- V, u ^°^ ^^^^ *° express an opinion, that for many years the land which has now been purchased by individuals would not supply the demand lor lana, supposing it to have been purchased at 1 1, and the Government price of SELECT COMMITTEE ON SOUTH AUSTRALIA. 253 of land in future to be as high as 2 1. ? — It might supply the demand for land by the persons actually there, but new settlements will be formed. There are parties disposed at all times, if they can do so with a prospect of profit, to form new settlements ; they would make large purchases of the Government with that view, and their funds would be employed in talcing more people into the colony. 2942. That would be the introduction of new capital, taking with it its own labour, and it would not alter the disproportion between the present capital embarked and the present supply of labour ; would not the fund which is appli- cable to the influx of labour be by those means entirely put a stop to ? — As respects that part of the colony which is now settled, no doubt the effect would be to put an end to the supply of labour till the present lands were used ; but I think that with an increased price generally, and the prospect that ultimately the 150,000,000 of acres, composing South Australia, would be sold at no less a price than 2 1, an acre, the purchase-money being employed for emigration, there would be such an encouragement given to emigration and settlement there, that the emigration fund would revive, land would be sold, and the pro- gress of the colony would be very rapid. 2943. But, for a considerable number of years, you would anticipate almost a cessation of the fund for the transportation of labouring emigrants, and a consequent maintenance of the existing high price of labour in the colony ? — I really do not think that cessation would continue. I think that if what may be called the South Australian public (I mean the people in this country who take an interest about South Australia, and who are very numerous) perceived that the price of land was going to be raised, and that the Government had taken the colony into its management, and was really bent upon carrying out the system, I think the colony would again become very popular, and that large sales would be effected, and colonization would go on very rapidly. I, know that to be the opinion of many persons intimately acquainted with the state of feeling here upon the subject. 2944. Sir William Molesworth.^ When you said that there was a large quantity of land appropriated in South Australia, do you mean a large quantity absolutely, or only in comparison with the amount of population there at pre- sent ? — The quantity is very much less, I beheA^e, than in the case of any other colony, without exception ; infinitely less so than in the case of New South Wales in the year 1831. Yet, when in 1831, at the instance of the noble Lord the member for Northumberland, a price was for the first time put upon lands in New South Wales, there was found no difficulty in selling the land ; on the contrary, a fund of nearly a million sterUng has been actually paid in that colony for land, although tlxe proportion of appropriated land to the num- ber of the people was probably ten times as great as it is in South Australia. 2945. Chairman J\ You are aware that several years ago the minimum price in New South Wales and Van Diemen's Land was raised from 5*. to 12*.? —Yes. 2946. Are you aware what the effect of that has been upon the land sales in those colonies ? — I believe it has not checked them at all. , . 2947. Sir William Molesworth.^ Has not the fund raised from the sale of land greatly increased? — Greatly increased: there has been ever since 1831 a grow- ing confidence in the plan of selling the land and applying the purchase-money to emigration, which induces people to buy in proportion as they see the Government giving effect to it. 2948. Do you think a similar effect would be produced in South Australia by raising the price of land ? — I do not think the immediate effect of raising the price of land would be to cause people to buy it ; on the contrary, I can sup- pose an effect like that which seemed to be implied in the questions put to me by the noble ' Lord the member for Lancashire, that the immediate effect upon peoples' minds of increasing the price of land is to deter them from buy- ing ; but then, in proportion as they are acquainted with the subject, they take it as an evidence of the purpose of the Government to go on increasing the price of land and adding to the population of the colony, and that leads a great number of people to be willing to buy. 2949. Mr. Wood.'] Do you think it probable that persons resident in this country, disposed to buy land in Australia, would prefer giving 40 s. an acre for it herewith the knowledge that all the proceeds of that sale would be employed E. G. Wakefield, Esq. 30 March 1841. 0.21. KK 3 m 254 MINUTES OF EVIDENCE TAKEN BEFORE THE E G Wakefield in sending out labourers, rather than take the chance of buying it in the colony E. G. W^k^eM, in s g , ^^^^ ^.^^ ^^ purchased from private — fnMualsf the proceed! would not be employed m sending out fresh labour ? 30 March 1841. j i,oyg ^q doubt of it. ™ . 2Q'?o Do you think the present prices of labour in AustraHa are sufficient to tempt there suitable labourers from this country, without any aid from the emigration fund?-No, because the labourers are a very poor class of people, and quite incapable of defraying the cost. m ■ ^^ u- v. ^. 4. 2051. The present wages in the colony are not sufficiently high to tempt suitable individuals to go out to the South Australian market without being aided by a free passage ?-The rate of wages would have nothing to do with it, because the man is here a pauper without a sixpence ; and whatever may be the rate of wages there, he has no sort of facility in finding his way thither ; whether he could get 20*. a week or 60 s. a week, makes no difference ; he cannot go because he is poor. . , . -? ^i 2Q52. But if he had the means of borrowing money to be repaid out of the proceeds of his labour when he got there, is the price of his labour there suffi- cient to tempt the man to go out?— That has been tried m a vast number of instances, the plan of taking labourers out with an agreement to repay their passage money out of the proceeds of their labour, but it has always tailed. 2953. Lord Stanlei/r\ What has been generally found to be the security for repayment ?— I beheve there has never been any repayment. 2954. Lord Howick.'] Were not great pains taken to carry that plan into effect in New South Wales ?— Great pains ; a great deal of capital was invested, and it seems at first so easy and natural a thing to do, that one is loth to beheve that it wiU not answer, but it did not answer. It has been tried in numerous instances. I remember one striking case ; it was that of a Member of the House of Commons, who had a large tract of land in New South Wales, and he sent out a great many people from his property in Bedfordshire, where he had too many people, with an agent whom he got from Scotland. I think there were ninety families with a stock of cattle and other things necessary to their going on well. Within a few months of their arrival they had all left him, and the agent whom he sent out was carrying on a very fine farm with all his stock feeding there. It was a total loss, and there have been hundreds of such instances. 2955. Lord Mahon.'] Has it been tried in Van Diemen's Land also ? — It has been tried everywhere, and for the last 200 years, because it was tried in America under the system of what were called redemptioners, persons who agreed to pay ; but it never was found to answer, I only know one instance in which it perfectly answered, and that was during the last war between Eng- land and America. When emigration from Ireland was stopped, the Americans got a great number of Germans to emigrate; they entered into a contract with them, by which the Germans agreed to give their labour for hire for a number of years. They got them to the back settlements, and prevented them from ever learning English : the law was of no use to them ; they were a kind of slaves. In that case it did answer, but it was only because they were foreigners, understanding neither the language nor the law of the country into which they got. 2956. Lord Howick-I You have stated that in 1831 the opinion of the per- sons connected with New South Wales was almost universally hostile to a pro- posal of fixing a price so high as 5 s. upon land ? — I think that feeling was universal in the colony. 2957. And amongst persons connected with the colony in this country?— I think it was universal ; I scarcely know more than two or three people who thought well of the measure at the time it was introduced. 2958. Are you aware that the merchants and landowners connected with the colony, and resident in London, made the strongest representations against the measure to Lord Goderich ? — I am aware that they did. 29,59. Now, you say, the opinions of persons interested in the Australian colonies would be favourable to an increase of price ? — I think so ; I think it is shown upon the face of all the late proceedings of the council, and in various pubUc meetings in the colony, and by the memorial which I have put in. 2960. You have also said, that the quantity of land which had been alienated in New South Wales and Van Diemen's Land before the change of system, including SELECT COMMITTEE ON SOUTH AUSTRALIA. 255 including the large grants to the Australian and Van Diemen's Land Com- e. G. Wakefield, panies, and to some private individuals, was much greater in proportion than Esq. that which has now been alienated in South Australia ?-— Far greater. 2961. Do you conceive that it is likely that any check which might be given 3° March 1841. to the sale of land in South Australia at this moment by an increase of price, would probably be of less duration than the check given in 1831, in New South Wales and Van Diemen's Land ? — I think it would not last long, but it strikes me that there was no check in New South Wales and Van Diemen's land ; on the contrary, there seems to have been a great impulse given to colonization there by the imposition of a price. 2962. And in the same manner, the circumstances being now more favourable, you conceive that the advancing the price of land in South Australia would not lead to any check to the sales of land ? — I think not. 2963. Lord Stanley^ Is not a great distinction to be drawn between the case of the colony of New South Wales and that of South Australia, inasmuch as in the case of the former there is a considerable influx of population, arising from convicts f — That no doubt occasions a very considerable difference between the two ; indeed South Australia is of such recent formation that one hardly knows how to form a very decided opinion about it ; but then, I think, allowing for the great economical advantage which New South Wales has derived from the importation of convicts, that at once explains the extraordinary wealth of New South Wales, and the very great progress which it has made. 2964. Lord Howicki] You attribute the great wealth of New South Wales almost exclusively to the advantage of convict labour ? — I think it may be ascribed to the advantage of convict labour, combined with the facihty of using pasturage ; because I am always very much afraid of being supposed to press for any check upon that use of pasturage which is not freehold, and which does not affect the labour market ; a man cannot become a freeholder by driving sheep over a district of country. 2965. Chairman^ And which does not interfere at all with the system of sale of the land as the colony becomes more densely populated ? — Not in the least. 2966. Lord Mffl^ow.] Would you give the same explanation of the prosperity of Van Diemen's Land ? — Almost entirely ; it is to be attributed to the supply of labour by convicts, together with another circumstance which was extremely favourable, which was the large demand for the produce of the labour of con- victs in the estabhshment kept up for maintaining order among them, the large miUtary establishment. 2967. Lord Stanley^ Does not a large portion of land in New South Wales, which has been alienated, and which is now in the occupation of the Austrahan Company and of private individuals, consist of pasture land, which would be comparatively valueless except when held in large blocks ? — I think so ; there is great danger to New South Wales from putting, by the process of land selling, any check upon the use of pasturage. ' 2968. Would not the fact of land already disposed of being so applied tend to lessen the importance of any effect which might be produced unfavourable to the sale of land arising from the imposition of a small price per acre ? — Doubtless. 2969. In that respect the comparison would not hold good with the colony of South Australia } — Certainly not. 2970. Lord Howick.] What is practically the sort of difference between the kind of land sold by the public and that sold by private individuals in New South Wales ? — I am not sufficiently acquainted with it to speak decidedly in answer to that question. 2971. Has there not been a large quantity of land sold on account of the public at the price of 5*. an acre, which was in fact pasturage land ? — No doubt there has. 2972. And on the other hand, a great part of the land which had been pre- viously given to individuals, and which has since come into the market for sale on the part of those individuals, was land fit for agricultural purposes? — A great deal of it no doubt was. 2973. Sir IV. Molesworth.^ Are you of opinion that the second Australian Act produced any injurious effect by the system of borrowing from the emigra- tion fund which it established ? — I think a good deal of mischief was done by 0.21. K K 4 the 256 MINUTES OF EVIDENCE TAKEN BEFORE THE E. G.Wakefield, Esq. 30 March 1841. the facility afforded to the commissioners to borrow from the emigration fund. The first effect has been a diminution of that fund, and a loss of so much labour to the colony. But the worst evil arising from the second Act appears to me to have been that it opened to the commissioners a purse into which they oueht not to have put their hands. If they had not been able to put their hands into that purse they would have had more constantly in view the danger of overrunning their means. . , . , .^ , , 2074 Do you construe the second Act m the manner m which it has been construed by a witness who has appeared before the Committee, namely, that it afforded to the commissioners an all but unUmited facility of borrowing ?— I think the extent to which it aUowed the commissioners to borrow is plain enough in the Act ; and I am at a loss to understand the evidence of Colonel Torrens by which he endeavours to show that the power was unUmited. In reading it over it seems to me to be something which is not to be expressed by any other words than hocus pocus ; I cannot make it out. 2975. Chairman.'] Are you aware' of the difficulty in which the commis- sioners were as to borrowing money under the original Act, and which induced them to apply for the power given them under the second Act ?— I am quite aware that thev got the second Act in order to be able to borrow this money ; but I was very sorry that they did get it ; I thought that they wanted it for a bad purpose at the time. 2976. Lord Mahon.'] Was that your opinion at the time ? — It was. An attempt was made to get that Act in the Session before it was passed, and I then objected to it very much, and the attempt was abandoned. The Act was passed when I was out of the country. 2977. If they had not got that Act, could they have raised any further loan under the original Act, to enable them to carry on the business of the colony } I do not know whether they could at that time ; I should have imagined that they might have raised money with greater facihty at that time. 2978. Are you aware whether they endeavoured to do it, and found it prac- ticable, or the contrary ? — I am not sure whether they did then. 2979. Sir W. Molesworth.] Do you think that that provision of the second South Australian Act tended to encourage the commissioners and the governor of the colony in the extravagance which has led to the financial difiiculties of the colony ? — I think so : because it gave a great facility of borrowing, which is a very bad thing for anybody ; and it has proved to be a bad thing in this case, because it has actually led to borrowing money which cannot be repaid. 2980. Mr. Wood^ What plan would you have suggested of obtaining further suppUes, if a further loan could not have been obtained in the money market upon the security of the future sales of land ? — I do not know that greater supplies were required ; the colony was beginning to produce a very respectable revenue. If the expenses had been kept within the mark of a great number of colonies, which have never put the mother country to any expense, there would have been no further necessity for borrowing. 2981. Then do you think that, as regards the supply of funds, the provisions of the first Act were sufficient to work out successfully the establishment of the colony ? — In some respects they were, but in others they were very defective. 2982. Confining yourself purely to pecuniary objects, what is your opinion ? — With respect to pecuniary objects, it seems that responsibility was much wanted, and was almost entirely absent. 2983. Supposing a judicious administration to have existed, do you think the first Act afforded the means of raising sufficient funds to work out the intention of founding the colony, and carrying it on with success? — I think the plan^ which the first Act was intended to embody, would have done that, if the Act* had created a good administration. 2984. Without a further supply of pecuniary means ? — Without a supply, beyond that which might have been obtained by means of the Act. 2985. Sir William Molesworth.'] Do you think that a portion of the financial embarrassment of the colony may be attributed to the commissioners not having raised money before the credit of the colony was destroyed? — No, I think the colony was in a state of embarrassment long before that embarrass- ment appeared here, and that it would not have been at all relieved by raising loans when the last attempts were made: I think the ultimate embarrassment of SELECT COMMITTEE ON SOUTH AUSTRALIA. 257 of the colony would have been very much increased by that means, and that it is rather fortunate that the commissioners were not able to raise a loan when they wished to do so, because their not having done so has led to this inquiry in time to prevent much greater embarrassment which would have taken place if the system of borrowing had>gone on without a check. 2986. Mr. Wood.] Might it not have been possible to have borrowed a suffi- cient sum to carry them over that embarrassment till Parliament met and pro- vided a remedy, and thereby saved the colony from the disgrace which has attached to it by the bills of the governor not being paid at maturity ? — I think not ; I think it is fortunate that they were not able to raise a loan, because if they had. Parliament would have heard nothing about it. 2987. Chairman.^ You mean Parliament would have heard nothing about it tiU a future period, when the embarrassment would have been much greater ? — Exactly so. 2988.. You do not think it would have averted the necessity of an appeal to Parliament eventually ? — Eventually it would have increased the necessity. 2989. Sir W. Molesworth.^ You say that the colony was in an embarrassed state, which would eventually have led to an application to Parhament ; do you think that any injury was done to the colony by the change that took place in the constitution of the Board of Commissioners, or that that change tended in any way to produce the embarrassment ? — No, I think no mischief was done by that. I have heard that stated as one of the causes, but in fact the embar- rassment had begun before that, although it was not apparent here. I think the change in the commission had no effect, or very little eifect indeed ; it may have had a very sUght effect, as every change has an effect in checking con- fidence, but except as any other change might have produced that effect, it produced no evil consequences ; nor did I anticipate any from it, for I was very glad to hear of the change, and some of the old commissioners themselves were. The first time I heard of the change was from one of the commis- sioners, Mr. Hutt, who wrote to me from the north of England, telling me that a change was going to take place, and expressing his great satisfaction at the prospect, 2990. You are aware that there has been a dimiaution in the sales of land in South Australia ; do you attribute that diminution in any measure to the emigration which has lately taken place to Port Phillip and to New Zealand ? — I do not think it had any effect : I have observed that one colony helps another; and that the more successful one is the greater facility the other has of advancing the sales of land. Some sales at Port Philhp and in New Zealand happened to be concurrent with the stoppage of sales in South Aus- tralia; but I do not think they had the relation of cause and effect at all. It appears to me, that the stoppage of sales in South Austraha took place because people who went to the office to make inquiries about the land found that a great number of those special surveys had been taken out, and that it was hardly probable that the buyers would be put in possession for a long while ; that, in point of fact, the selling had been overdone, and there was a reaction. 2991. Lord Mahon.] Does not a different impression prevail in the colonies themselves as to the competition of one colony with another ? — ^Yes, the jealousy is quite extraordinary;; it is a furious passion among the colonists ; they all have a burning jealousy towards each other. 2992. But you think there is no foundation for the supposition of the one increasing in any degree to the disadvantage of the other ?— I am quite satisfied, as respects the emigration of capital and labour, which is the great aim of all colonies, that the more successful they all are, the greater is the disposition to embark in colonization. 2993. Mr. Wood.] Will not their relative position to each other be deter- mined ultimately by their relative advantages ?— Of course. 2994. Lord Stanley.] Do you apprehend any disadvantage to South Aus- tralia from the flourishing state of the neighbouring colony of Port Phillip ? — I think, on the contrary, Port Philhp has been of great service to South Aus- traha ; it has facilitated their getting stock very much indeed ; I see a close dependence upon each other amongst all those colonies. The feeUng of jealousy is a very curious one, which I think is to be accounted for by a sort of pro- prietary feehng ; the newness of the colony leads all the people in it to regard 0.21. L L it E. G. WaTcefield, Esq. 30 March 1841. 5, G. WttkefleM, Esq. 30 March 184X. 258 MINUTES OF EVIDENCE TAKEN BEFORE THE it as something of their own, and it seems to be a kind of childish jealousy which they entertain towards each other. u • ^u^ «o^ 2005. Lord Mahon.-] Has there not also been an apprehension on the part of Van Diemen's Land of emigration from that colony to South, Australia and, vice versA an apprehension on the part of South Australia of emigration from. ?outh Austelia to Van Diemen's Land ?-I think Van Diemen's Land has pro- fited greatly by South Australia : she has obtained a market for her surplus stock and for provisions, and the advantage to Van Diemen s Land must hava ^^200^6 ''S^not there been that apprehension in the minds of the colonists ? -I do not think there has ; there is a great deal of jealousy, but it is a jealousy, partly, perhaps, occasioned by the setting up of anything thaj could look like a rival As New South Wales and Van Diemen's Land were the only co onies. in that part of the world, of course they had' whatever emigration might be going on to that part of the world, and the moment others were set up in their neighbourhood, a jealous feeling arose which has been very strongly dis- played; but I think the more sensible men regard the establishment of new colonies as very advantageous. ^ j . x.- ^ 2997. Mr. Vernon Smiths] Has not that jealousy a foundation to this extent, that the colony which gets the earliest supply of labour has an advantage over others?— I do not see how one colony is injured by another obtaining a supply of labour ; on the contrary, they seem all to have a strong interest in each obtaining a supply. s 2998. Has not the one that gets the start the most advantage ?— i do not think so. If the commodities they produced had a Hmited market, the first that could get into the market would have an advantage ; but there seems to be no limit to the disposal of the produce of the Austrahan colonies. 2999. But if there is any limit to the supply of labour, the one that gets the start has the advantage ?— That does not hurt the others. 3000. Sir W. Molesworth.'] Are the Committee to understand your opinion, to be this ; that the effect of the estabhshment of new colonies is to increase the colonising spirit of England, and consequently to cause a greater supply of capital and labour to be sent out to the colonies, and that therefore each obtains a larger share than it had before of capital and labour ? — I think so. . 3001 . Has any scheme occurred to you for meeting the present difficulties of the colony, and to enable it to go on prosperously in future ? — Not specifically: I hope that this inquiry wiU result in putting the administration of the colony upon a proper footing ; upon such a footing, that the different parties con- cerned shall be responsible ; I think that if that be done, the colony will go on very well. 3002. Chairman.'] What do you mean by a proper footing? — I answered the question vnth reference to a number of other questions which were asked me the other day, especially with reference to the total W9,nt of responsibility that exists now under the Act of Parliament. This is, properly speaking, a Crown colony ; but the Crown has not exercised its rights under the Act. Lord Glenelg adopted, I believe, deliberately, and thought it quite right to do so, the principle of abdicating, as respects this colony, the power of the Crown. The commissioners did everything ; they really appointed the governors, and instructed them. I think the sooner that is put an end to the better ; the sooner it is treated as a Crown colony, which it really is, the better chance will there be of its government and finances being weU checked. 3003. When you speak of putting the colony upon a proper footing, do you refer only to an alteration m the administration of the colony, or to some alteration in the Act under vrhich the administration is conducted? — An alteration in the administration is the only one to which I have hitherto alluded, because under the Act it is really a Crown colony. 3004. What power has the Crown with regard to the administration of the colony under the original Act ?~I think that under the original Act the Crown has all the power which it has in any other case; and the commissioners, as respects government, not colonization, had but one function, that of providing funds. 3005. Are you aware that the Government in the case of other Crown colonies have complete control over the expenditure of the colony ?— No doubt of it. 3006, Have SELECT COMMITTEE ON SOUTH AUSTRALIA. 259 3006. Have they any control whatever, tinder the South Australian Act, over the expenditure of South Austraha ?— I think they have ; I think on the appointment of the governor they instruct him, and control the expenditure entirely by means of the governor. 3007. Mr. Vernon Smith.] Are you aware that the law officers of the Crown are of a contrary opinion as to the financial control of the Government ? — I know there was an opinion given which was at variance with the opinion I have expressed ; and I should not set mine up against the law officers of the Crown. I speak, therefore, more with reference to what was the intention of the framers of the Act. 3008. Chairman.'] You would wish to see the colony put upon the same footing as any other Crown colony in future, so far as the control of the executive over the Government officers, and the expenditure of the colony is concerned ? — Decidedly. At the same time it is difficult to believe that the colony will defray its own expenses unless it obtains, what all colonies have which do defray their own expenses, some control within the colony, some voice as to the expenditure. 3009. Mr. Vernon Smith.'] By your answer, that you hoped the colony would be put upon a proper footing, do you mean to imply that any alteration of the Act should take place ? — I do not know but that the Act as it stands might be worked very well, but I think it would be a very good change to get rid of what is now an unrccd thing, which is the having colonization commissioners for South Australia under that Act, and general land and emigration commissioners omder the Crown ; they are in point of fact the same commissioners ; it is not a real distinction, and it would be much better that the administration of the colonization of South Australia should be placed under a commission in imme- diate communication with the Secretary of State. 3010. Lord Stanley.] Admitting the opinion of the law officers of the Crown to be well founded, does not it follow that there is a necessity for an alteration of the law, in order to vest the control of the finances in the executive and not in the commissioners ? — No doubt that follows as a matter of course. 301 1 . Chairman.] For the purposes of government, you would dispense with the South Australian Commissioners altogether, reserving them only for the same purposes for which they are wanted for other colonies, namely, the sale of land and conducting emigration ? — Wholly ; I think that when they inter- fered in government matters, they did that which they ought not to have done. 3012. Mr. Wood.] At what stage in the progress of a colony would you give the colonists the control of the expenditure ? — That is a very difficult question to answer ; till New South Wales was established, England always gave it to a colony at the outset. 3013. hord Mahon.] Have you turned your attention to the question how far, in the future management of South Australia, any portion of the land fund might be diverted to other purposes ? — I have considered that question a great deal. 3013*. What result have you come to ? — It appears to me that the. answer to the question depends upon certain suppositions which must first be granted. In different states of things different plans might be advised. Supposing that the price now required for land were considered sufficient for the purpose for which any price is required, it would be sufficient on the assumption that, as now occurs under the Act of Parliament, the whole of the purchase-money were employed in taking out population. Now, supposing that one-half of the purchase-money were employed for some other purpose, it is clear that the pro- portion between people and land would be altered ; that is, there would be less people in proportion to the land. If there were less people in proportion to the land, it would be necessary, in order to preserve society, that the difficulty of getting land should be made somewhat greater, and then a higher price would be required. It is hardly possible to answer generally the questidn put to me without first learning whether the honourable member puts the question on the supposition that the price of new land has been raised to a sufficient amount. 3014. Limiting ourselves to the supposition that the colony were in future put under an efficient system of government, how far would it be possible, in your opinion, to divert any portion of the land fund from the purpose of ^emigration to the purposes of finance ? — If the price of land were such that it produced no more than was sufficient to maintain a due supply of labour in '0,21. L L 2 proportion E. G. Wakefield, Esq. 30 March 1841. 26o MINUTES OF EVIDENCE TAKEN BEFORE THE E. G. Wakefield, Esq. 30 March 1841. proportion to the land, it is clear that any diminution of the emigration fund would be mischievous, because it would alter the proportion between the supply of labour and land. 301 5. You have not been able to form any practical calculation how far those principles are likely to apply in the specific case of South Australia ? — I see great evils likely to arise from using the land fund for any other purpose than emigration, because it might end in using the whole of it for those other purposes, and there would be an end to the principle upon which the colony was founded. 3016. Your objection then, is, that if a portion were taken, it might serve as a precedent for ultimately taking the whole ?— Not merely that ; but it strikes me, that if the whole of the land fund were employed for emigration, a certain price for land would be sufficient to keep up a due proportion between popular tion and land. If none of it were employed for emigration (I put an extreme case), it would be necessary, in order to preserve society, to have a much more stringent price of land ; if you had no emigration, it would be necessary to keep the labouring classes as labourers for hire during the greater part of their lives, or society would be dissolved. Supposing that to be correct, then any diminution of the emigration fund involves the putting a higher price on land, and involves the making the labourers remain longer in the class of servants ; that would be an injurious effect.. 3017. Csptain A" Court.'} Do you consider that the price of land should be regulated by the supply of labour, in order to secure a regular succession of labour for hire ? — I have said before, that the guide, as it appears to me, to getting at a just price of land, is the rate of wages in the colony. The rate of wages wUl, in a very great measure, depend upon whether only part or the whole of the land fund is used for adding to the population. The question as to whether any part of the land fund should be used for any other purpose, is at the bottom of the whole system. 3018. Sir W. Molesworth.] You consider that the effect of emplopng the whole of the land fund for emigration, is to enable you to obtain the same results, as to securing a due proportion of labour to land with a less upset price of the land, than would be necessary if only part of the land fund were employed for emigration? — Provided the whole land fund be employed for emigration, it seems clear, then, that a less price wiU suffice for carrying on the whole system, than under any other circumstances. Just in proportion as any portion of the land fund is abstracted from emigration, it becomes neces- sary to increase the price, and to prolong the term of the labourer's service for hire. 3019. Lord Mahon.'] Have you seen the evidence of Mr. Angas before this Committee, with respect to the injurious consequences which, in his opinion, would have resulted, if, in the course of last year, the land fund had actually been employed in emigration ?— I have seen a passage to that effect, but I totally dissent from it ; I find it wholly unsupported by anything that bears the shgbtest appearance of a reason. 3020. Sir W. Molesworth.'] Is there not a general feeUng throughout the South Australian colonies in favour of the appUcation of the land fund to emi- gration ?— I think there is ; I think that is a growing feeling. The New South Wales people think they have suffered very much from not having had the whole of the land fund employed for that purpose ; but I am not sure that the feeling is quite a just one. It would be desirable that the whole should be €mployed, unless some portion of the fund were wanted for some other very urgent purposes ; but the great point is, that the proportion should be fixed. 3021. You mean that the proportion of the land fund which is applied to •emigration should be fixed ?— That it should be known to every body by the sale of what amount of land a certain quantity of population would be intro- duced into the colony, so that every man should be able to make his calcula- tion accordingly. Suppose, for instance, any one had intended to buy land in i\ew South Wales 10 years ago, when it was supposed that the whole fund would be used for emigration ; if the whole fund had been employed for emi- ^ation, the land would have been of much higher value than it is now, because the whole miUion would have been so employed. There was a great uncer- tainty m making calculations as long as the proportion of the land fund devoted to emigration remained uncertain. 3022. Lord SELECT COMMITTEE ON SOUTH AUSTRALIA. 261 3022. Lord Mahon.~\ Are you aware of the very great dissatisfaction that exists in New South Wales, on account of the diversion of any part of the land fund? — lam aware that it is a subject which occupies the colonists almost universally. They seem to feel very deeply upon the subject. In fact, they are suffering very much from the want of labour ; and it is natural that they should feel strongly on the subject. They imagined that the whole fund would be employed for supplying them with labour. 3023. Has great practical distress been the result, in your opinion ?— ^I think a very bad state of things is coming on in New South Wales now from the want of labour. 3024. You anticipate that that want will be yet greater than it has been hitherto ?■ — I think it is increasing every day. 3025. Mr. Vernon Smithr\ Do you consider the state of New South Wales to be a state of distress compared with that of the other Australian colonies ? — I think a very dangerous state of things is coming on in New South Wales. There is the Austrahan Agricultural Company, which received a large grant of land from the Crown many years ago, and it has been a successful company. It has imported into this country a large quantity of wool annually, enough to pay a very handsome dividend ; but it has had in its regular employment as many as 500 convicts. Last year I understand it lost more than 100 of them, and that it expects to lose them all as their terms of service expire. Then that company, with a capital of 200,000 /. or 300,000 l, employed in sheep farming,' must, unless there be a supply of labour afforded, be inevitably broken up ; its production must entirely cease, and I think the greater part of the flock-owners of New South Wales are exposed to that danger at present. 3026. Chairman.'] Do you know what the actual supply of labour has been to New South Wales within the last four or five years ? — I do not know what it has been, but I know it has been considerable. But it has been quite inadequate to be a substitute for the convict labour, because the convict labour is much more valuable than merely in proportion to the number of convicts, because the master can hold it. The master does not care what the price of land is or what the circumstances of temptation to the labouring class are to cease working for hire, because the convict is a sort of slave ; and I doubt whether, if free emigra- tion to the amount of all the convicts in New South Wales were instantly supplied, it would be equal at all in labour-power to the number of convicts, because a very large number of those sent out will become, with the present price of land in New South Wales, small landowners immediately. 3027. Mr. Wood.] You think that even if the whole land fund were appro- priated to emigration, it would not supply the loss of the convict labour ? — I have great doubts about it, in consequence of the great appropriation of land in New South Wales at a very low rate, and the consequent facility with which land can be acquired by labouring men. 3028. Lord Mahon.] Do your remarks as to convict labour apply only to the system of assignment, or do you intend them to apply also to what is called the ticket-of-leave system ? — There is some difference, but they are both abolished together; I think the only sort of punishment according to the present system, as I understand it, is confinement and employment in the public works by the Government. 3029. Mr. Wood.] Is the supply of wool for our manufactures from New South Wales likely to be affected by the diminished quantity of labour in the colonies ? — I think it will be felt soon, unless some large supply of labour can be taken to New South Wales. E. G. Wakefield, Esq. 30 March 1841. T. Frederick Elliot, Esq. called in ; and further Examined, 3030. Chairman.] ON a former occasion you gave the Committee some information as to the amount of available land now remaining in South Aus- tralia. There is a statement contained both in the Third and Fourth Reports of the South Australian Commissioners as to the amount of such land, founded upon a report of Captain Sturt ; haive you referred to the original work of Captain Sturt and the calculation that he has made of the amount of available land in South Australia ? — ^The passage in question is in the second volume, at pages 246 and 247, Captain Sturt's calculation is, that there is " a space, whose greatest breadth will be 55 miles, whose length from north to south will 0.2 i. I- L q be T. F. Elliot, Esq. 262 MINUTES OF EVIDENCE TAKEN BEFORE THE r. F. Elliot, Esq. be 75, and whose surface exceeds seven millions of acres." This is an obvious miscalculation. I at first supposed it possible that Captain Sturt contemplated 30 March 1841. going to the northward from the parallel of latitude which he mentions at that passage ; but, upon consulting the context, it is clear that, on the con- trary, he measures from the 34th parallel of latitude to the southward, down to Cape Jervis. The contents of that space are very likely described correctly as to its breadth and length ; but instead of seven millions of acres, it will only comprise a little more than two millions and a half. The sentence was written by Captain Sturt before South Australia was settled, when first he arrived in the country after his well-known descent of the River Murray on an exploring party; but notwithstanding this inaccuracy of measurement, I believe the general conclusion still remains good, that there is an abundance of available land in the country between Spencer's and St. Vincent's Gulf and the River Murray. 3031. Lord Stanlet/.'] In the statement in that passage to which you have just referred, does not Captain Sturt calculate on the existence of two miUions unavailable acres ? — He does. After taking great pains, I must confess that the source of Captain Sturt's inaccuracy is to me inexplicable. I also consulted a gentleman of science in these matters, and he is equally unable to detect the cause of the incorrectness. 3032. Chairman?^ But there is a manifest incorrectness in the figures ? — There is. 3033. Taking his figures, the result cannot amount to what he states it to be ? — No, clearly not ; it is arithmetically incorrect. 3034. Have you any information to give to the Committee upon this point, in addition to what you have already stated in your former evidence ? — Not- withstanding the incorrectness in Captain Sturt's figures, I mentioned in my former evidence several passages from other authorities, showing that appa- rently there was a great deal of good land in South AustraUa. Some further accounts have since been received, which it may be proper that I should also lay before the Committee. By the South Australian Gazette, which reached our hands only yesterday, dated the 22d of October 1840, we find that Lieutenant Frome, the surveyor-general, has been making a tour round Lake Alexan^ina, and that he has found some very good portions of available land, with respect to which he uses this expression : " At a moderate computation, I should say there would be found at least 50,000 acres of good agricultural soil on its borders." Some other additional information, which it may be worth while to mention, is contained in a despatch of Colonel Gawler, dated the 13th of August 1840. Mr. Ejrre had proceeded on an exploring party up Spencer's Gulf; and the following extract fi-om a report by Colonel Gawler on its progress, shows that it appears to be considered that there is some good land not far from the head of the Gulf. 3035. Chairman?^ At what distance is this from Adelaide?— At a rough guess, I should think nearly 160 miles. It is a long way up ; near the head of Spencer's Gulf. He says, "The result of this examination has been the discovery of a good harbour, with five fathoms water, formed by sand banks, immediately to the southward of the Cape, on the eastern shore, which lies due east of Point Sowley ; and further, of a very superior roadstead and landing places, six miles to the north-east of Point Riley. The first, the haAour, I have named Germain's Roads, and the second Waterwitch Bay. They will become important as water outlets for the produce of that good country which lies to the northward, eastward, and south-eastward of them, a part of which is already occupied by the Broughton special survey, No. 29, 2 December 1 839, and by sheep stations." Thus upon Spencer's Gulf there are two anchorages and portions of good land that we had not heard of before. It may be worth while, also, to read an extract from a speech delivered by Colonel Gawler at a pubhc dinner given to him at Adelaide on the 10th of January 1840 : " Again, it has been said that we have tracts of barren country; true, we have some tracts of barren country : but I could ask, what country has not ? England has its tracts of barren land, and they are not few in number ; America, where I have been, has tracts of barren land ; the Continent of Europe has large tracts of barren land ; and our neighbours in New South Wales have very large tracts of land which is of little use. Here we have some barren land as well. It is out of the question to think of having a land containing nothing but fertile vaUies. But then SELECT COMMITTEE ON SOUTH AUSTRALIA. 263 then look to the good land we have ; look at the Reed Beds, at the Mount T. F. Elliot, Esq. Barker district, at Morphett Vale, at M'Laren's Vale, at the vallies in the neigh- bourhood of Rapid Bay, at the Valley of Yankallillah, at the Valley of Currency 3o March 1841. Creek, and look at the valley of the Murray, 200 miles in length, and we may safely put up with a few hundred acres of barren land at intervals. I am sure two-thirds of what we call barren land in this country, is better than what I have seen inclosed and cultivated with greater care than is our best land here. But people here have such an immense extent of country before them, that nothing but the very best will please them." 3036. Chairman.^ Have you any information as to the opening of the new port ? — ^We have no official report ; we have only heard of the opening of the road between the port and the city. 3037. Lord Stanlei/.^ What distance is it from the south-eastern extremity of Lake Alexandrina, where this land has been surveyed, to the eastern ex- tremity of the colony where it joins Port Phillip ? — I think it must be within 70 miles due east of the meridian which forms the legal boundary, but pro- bably upwards of 150 miles from any station actually occupied within the district of Port Phillip. The stations lie to the south-east, nearer to the sea than the nearest point of the boundary to Lake Alexandrina. 3038. Are you aware of the recent formation of a new settlement at the western extremity of the colony of Port Phillip ? — ^Yes, we have intelligence of it. ' 3039. Do you anticipate any results ; and^ if so, what results from the forma* tion of that new settlement in Port PhiUip, in the immediate vicinity of the colony of South Australia, as affecting the prospects of South Australia ? — I should hope that the influence ought to be decidedly favourable ; the more neighbours they have the better for them, if they keep on good terms ; which I think will be promoted by raising no question of changing their boundary. 3040. Do you know how far to the eastward of Lake Alexandrina, in the direction of Port Phillip, this survey extended ?— I think the surveyor-general has kept along the borders of the lake. 3041. A very little distance from the lake ? — I should think, a very little dis- tance from the lake. Colonel Robert Torrens, called in ; and further Examined. 3042. Chairman^ THE Committee understand that you wish to offer some Col. R. Torrens. observations upon an account which has been delivered in by the commis- sioners ? — I do. The last return which was ordered by the Committee I have now in my hand, and am about to present it ; it is signed by the accountant of the commission, and has been agreed to by the other commissioners. By this return it appears, that had a loan of 120,000?. been raised in June 1840, there would have been, on the 1st of March, a sum of 40,000 I. and upwards in the hands of the commissioners, after having paid all liabilities falling due up to the 28th of February. It is necessary for me to state what the practice of the commission was in the year 1840. In January 1840 we had an available surplus in our hands, over and above the liabilities, of about 30,000 I. That surplus of 30,000 I. belonged to the emigration fund. We continued to borrow from the emigration fund, though that emigration fund was created by the proceeds of the land sales of the previous year. We continued to borrow from it large sums in the course of the year 1840, for what I conceive to have been the very proper purpose of meeting the bills of Colonel Gawler, and thereby averting, as long as we could, a financial crisis : we continued to borrow from the emigration fund created by the land sales of the previous year, not only until we had exhausted the whole of the emigration fund then in hand, but until we had exceeded it, and until we were unable to pay our own contract debts with the shipowners. That having been the practice in the year 1840, I presumed it would have been the practice in 1841. As we had a balance in January 1840, of about 30,000?., and as we applied that to pay the habilities coming upon us from the colony in the form of Colonel Gawler's biUs, I pre- sume that if we had had, under the arrangement of a loan, raised in June a surplus over immediate UabiUties of 74,000?. on the 1st of January 1841, we should have pursued the same course which we formerly had pursued, and have applied the money to the payment of the incoming bills, and thereby have 0.21. li L 4 averted 264 MINUTES OF EVIDENCE TAKEN BEFORE THE Col. R. Torrens. averted the crisis that has occurred till after the meeting of Parliament had — afforded an opportunity of interfering and placing the finances of the colony 30 March 1841. ^pon a sure foundation. I believe that the commissioners in the year 1841 would not have reversed the course which they adopted in 1840, assuming that that was a wise course. It was concurred in by all the commissioners. I myself believe that it was a most wise course on these grounds : if we had dishonouri^d Colonel Gawler's bills, and thereby destroyed the credit of the colony, and thrown labour out of employment, it would have been a most injurious process, while we were thus throwing labour out of the market to send in additional supplies of labour. Had we employed the emigration fund, not in honouring Colonel Gawler's drafts but in emigration, I think the persons we sent out would have perished upon the shore, or have been compelled immediately to re-emigrate to other colonies. With this preface I beg to put in this paper, which will' show to the Committee that had a loan been raised in June 1840, when it could with ease and without dishonour have been raised, we should not have had an entire suspension of emigration as we have had during the autumn of 1840, nor the dishonouring of Colonel Gawler's drafts, with the dreadful and unknown calamities that may result from that ; but we should have had a continued and moderate stream of emigration in the autumn of 1840, while we could hq,ve honoured all Colonel Gawler's drafts, saved the colony from aU disasters, and have had on the 31st of March 40,000 I. in hand for the purpose of meeting all liabilities that might have occurred tiU the Committee had time to put the whole thing in proper order, under the sanction of the Lords of the Treasury. 3043. Lord Stanlei/.] Is not that saying, in other words, that you could have postponed the bankruptcy of the commission for another six months, involving yourselves in an increased deficiency, when the circumstances became ultimately investigated ? — No, I apprehend not ; because we should then have borrowed 120,000 /. to have met those habilities instead of having to borrow the 155,000/. which is now taken from the government. 3043*. What would have been your means of repayment ? — The same means as now exist of repaying the 155,000 I. 3044. Chairman.'] What are those means of repayment ? — The same as at present ; the existing difficulties would have been removed, and the means of repayment would have been the same as at present. 3045. What security could you have offered to the lenders of that money without a Government guarantee for the repayment of it ? — We could have offered them what the Act of Parliament allowed us to offer, the revenues of the colony, with the unsold land. 3046. Do you believe that if the money had been advanced in the City, with- out a Government guarantee in last June, you would now have been in a con- dition, without the assistance of Parliament, to pay the interest and to pay off the debt in due time?— Under proper arrangements, I think that might have been the case. I do not think it is so now after so much evil has occurred; but I say that the crisis which has occurred would have been avoided and we should have been in the same position we are now in with regard to money borrowed. 3047. Do you mean that the crisis would have been altogether avoided or only postponed for a few months ?— The crisis would have been altogether avoided, masmuch as the Committee is about to establish the finances of the colony, I suppose, upon a new foundation, and it would have remained for the Committee to decide whether such a crisis should come on afterwards or not. 3048. Mr. Wood.] Would that loan have prevented the necessity of an appli- cation to the Government, or to Parliament through the Government, taking place m 1841 ?— I think that if wise precautions had been taken from the first, it might have done so ; but after the thing became embarrassed, I think.not. 3049 Lord Stanlei/.] Would not you, in point of fact, have been borrowing money from parties upon the alleged security of the colony, you being well aware at the time, that In order to make good that loan, you would have to come to the pubhc purse ?—l think that upon all occasions we should have had to come to the public purse, because I believe the public purse was always liable tor all the debts which this colony should incur. Being a colony estab- lished by Act of Parhament, under the sanction of a commission appointed;by the Crown, whatever debts it incurred, it was impossible for the Government and Parhament not to have paid them. ■ 3050. Chairman.] SELECT COMMITTEE ON SOUTH AUSTRALIA. 265 3050. Chairman.] Independently of that liability, had 'you not reason to Col. R. Torrens. believe in the course of last year, when you now say you think a loan ought to — have been raised, that it would have been absolutely necessary for you to come 30 Match 1841. to Parliament to enable you pay the interest of that debt ? — I do not say that it would have been necessary j I believe that if the colony had gone on to flourish and there had been no crisis, it would have paid itself. 3051. Looking at what has actually happened, do you doubt that you must have come to Parliainent in order to enable you to go on with the colony, and to repay the loan ? — I am not looking at what has occurred ; I say that what has occurred would have been averted by proper arrangements. 3052. Do you mean that by raising a . loan of 120,000/. in last June, the prosperity of the colony would have been continued, and all Parliamentary ijaterference would have been unnecessary ? — I Should say that the prosperity of the colony would have been continued, and that in all probability Parliamen- tary interference would not have been required, or if it had been required, it wouia "iftve been required without any previous calamity. 3053. Mr. Wood^ Would a loan of 120,000^. in June have lessened the amount of Colonel Gawler's drafts ? — A loan in June would not have lessened the amount of Colonel Gawler's drafts, neither would a loan in July, neither would a loan in August, neither would a loan in September, neither would the money that we pressed the Chancellor of the Exchequer to give us : all which thing? would have been avoided had we raised a loan in June. 3054. Would a loan of 120,000 I., raised in June, have been sufficient to meet Colonel Gawler's drafts and other engagements ? — It would have done so up to the 1st of March, and have left a surplus of 40,000?. 3055. But with other outstanding dependencies ? — The same as at present. 3056. Would Parliamentary aid have been necessary now to meet tho^e dependencies ? — Parliamentary aid inight have been equally necessary as now, but with this difference, that you would not have had any calamity; you would not have had your shipowners crying for their money, and you would not have that distress, and possibly starvation, that will exist in the colony in consequence of the crisis. 3057. Is then, the conclusion you wish to draw this, that instead of the dis^ honour of the biUs occurring when Parliament were not assembled, it would not have come on till Parliament, were assembled, and that then Parhament mjtght, by timely provision, have avoided the effect of the dishonour of the bills?— Yes. 3058. You mean to say, that the effect of raising a loan in June last, would have been that, but nothing beyond that ? — I do not say nothing beyond that, because I believe the colony, was progressing so rapidly, that the sheep and other things were multiplying so rapidly, that had we turned another year, it inight never have been necessary to come to Parliament at all. 3059. Then you consider, that postponing the crisis of the dishonour of the bills till Parliament met, would have been productive of great advantage to the colony compared with its condition in consequence of what has actually occurred ?— I consider it would have been a most decided advantage, inasmuch as it would have prevented the calamity. If we had taken from the public the money now taken from the Government, we should have averted the calamity, and have been in the same position with respect to the money that we are in at present. 3060. Chairman.^ Have you any further statement that you wish to make, with a view of elucidating the Account which was furnished by the commis- sioners at your request ? — It has been stated in evidence by Mr. Elliot that he conceived that it would be highly improper to borrow from the emigration fund arising from the sales of land in previous years. Now, I do not think it impro- per; and I do not think it improper for this reason, that all the commissioners concurred in doing it throughout the whole of the year 1840 ; they borrowed from the emigration fund created by the sales of land in the year 1839, 306 1 . You mean that in the year 1840 they, from the necessity of the case, expended all the funds in their hands, whether arising from revenue or from the emigration fund ?— They did so ; the necessity of the case compelled them to do so. If they had had an emigration fund of 42,000/. in hand on the 31st of January in the present year, the necessity of the case would have compelled them to do the same, because it would have been equally necessary to meet the 0.21. MM bills 266 MINUTES OF EVIDENCE TAKEN BEFORE THE ,Col. R. Tornns. bills of Colonel Gawler, to prevent the dishonour of the colony. They would — have pursued the same course in each year, 30 March 1841. 3062^ Is there any other point to which you wish to caU the attention of the Committee ? I wish to lay before the Committee a paper entitled " Financial; Position," from January to June 1840. 3063. Is that drawn up by yourself, or under your direction ? — It is drawn up by the accountant, under my direction. 3064. Lord Stanley 7\ Was it drawn up by the accountant on the part of the commissioners, or drawn up by the accountant in pursuance of your private' instructions ? — In pursuance of my individual instructions, 3065. Your brother commissioners, then, are unacquainted with the contents " of that paper ? — I do not know that they have seen the paper. 3066. Chairman.] With what view do you tender it to the Committee ?— To' show the financial position of the colony during the whole of the first six' months of 1840. 3067. Lord Stanley.] In what respect does it differ from the former paper' put in upon the same subject upon the authority of the commissioners ? — ^It ig a different paper altogether. There is Paper^ No. 5, which is presented by Mr.' EUiot, which was drawn up as this was drawn up, by my directions. That' Paper, No. 5, gives the financial position half-yearly, during the whole period of the colony ; this gives the same kind of account merely for the first six months of 1840. 3068. Chairman.] Does this paper require any explanation in order to make, it intelligible to the Committee ? — 1 think it will require some explanation, and I will endeavour to do it. It would appear by that statement that the surplus in' the hands of the commissioners on the 1st of January 1840 was 30,13ff/., that on the 1st of February this surplus had decreased to 21,944 /., the land, sales at this time having nearly ceased. This was a rate of declension of the unpledged funds in our hands which would have brought us, without a loan, to insolvency in a little more than two months. Therefore I say that even in January 1840, when we were going at a rate which would bring us to insol- vency in little more than two months, it would not have been unwise to have looked before us, and to have taken the first favourable opportunity in the money market of getting a loan. 3069. What was the surplus in March ? — It became higher in March. 3070. Was not it higher in March than in January? — It was much higher. In the course of February we had fortunately a payment from the colony, almost one of the last payments on account of the proceeds of the land sales of the previous year, and that arrested the declension for a period, and on the 1st of March the available surplus became 30,244 I. ; on the 1st of April, when there were no longer land sales coming in, it diminished to 21,316 I., and in May it was only 12,000 I. Therefore the diminution was going on, and it was evident upon the 1st of May that we were upon the verge of insolvency. On the 1st of June there was only a surplus of 3,453 /. Therefore, I say, that at each of those periods it wdUld have been not unwise to have obtained a loan, '. 3071., Sir JV. Molesworth.] Do you think the effect of the system of special surveys has been advantageous to the colony, or the contrary ? — I think it has been advantageous. 3072. Has not it tended to produce excessive speculation in land ? — It may have had somewhat of that tendency ; but the reason that I think it has ope- rated peculiarly beneficially in South Australia is, that the great delay that took place in putting the people into possession of their land was such that many persons were going away ; and Colonel Gawler, availing himself of the princi- ple of special surveys, allowed many people to club their land orders together, and to take special surveys, and they thus got possession of many good por- tions of land at a much more rapid rate than under those circumstances they could otherwise have done. Generally speaking, I think the advantage of the special survey system is, that it allows persons to select the most fertile land in the first instance, whereas, if you confined them within a certain circle where ordinary surveys may be supposed to be going on, you compel them to take bad land instead of good, and you produce in a new country those economical evils which are produced in an old country by gradually taking in the inferior land, and thus causing the rates of profit 'to fall and rents to rise. The very evU SELECT COMMITTEE ON SOUTH AUSTRALIA. 267 evil that we wish to get rid of in an old country by emigration, is produced by Col. R. Torrens. keeping them in too narrow a circle. • 3073. Is not the effect of the special survey system to cause great expense 30 March 1841. to the Government in the shape of surveys of land ? — In South Australia that has been the case, because it has been a geometrical survey ; but if the system which we recommended, of a sort of running survey, had been adopted, the expense would not have been so much"; but it would have been a greater ex- pense than an ordinary survey, and, therefore, I think our system would have been much improved if we had called upon the persons that took special surveys, to pay the additional cost. 3074. Has it not been found in South Australia, that it has encouraged excessive speculation in land ? — There has been a greal deal of land speculation in South Australia, but I think not from that cause ; it was because they had not got their country sections, and therefore they were kept together, many of them with a great deal of money, and they had no other occupation than that of building, and the value of houses became very high, and a kind of mania occurred. But this was because they could not spread out over the land and cultivate, and not from the special surveys, because the speculation prin- cipally took place in the town acres, where the special surveys could have no influence. 3075. Chairman^ Were the commissioners themselves restricted from holding land, or were they, any of them, proprietors in the colony? — ^The government people in the colony were rather encouraged latterly to hold land, £ut the commissioners were discouraged by a letter from Lord Glenelg ; but previously to that letter that was not at all the case ; on the contrary, it was rather wished to be done. 3076. Sir TV. Molesworth.l Are you aware whether any of the officers of the commission have any pecuniary interest in the system of special surveys by their having become purchasers of land either directly or indirectly ? — I am not aware that any of the commissioners have any interest in any. specigil survey. 3077. Are you aware whether any of them have become purchasers of land in the colony ? — I became an owner of land. 3078. To what amount ? — About 1,000 /. 3079. While you were a commissioner ? — While I was a commissioner. 3080. Was that previous to or after the letter of Lord Glenelg ? — Very long previous. 3081. Lord Stanley.] Do you hold that land at present ? — I am getting rid of it ; it is not actually assigned, but it is equitably done. 3082. Do you hold country lots or town lots? — Both; I took 12 sections, which gave me 12 town acres, and 12 sections of 134 acres each. 3083. You purchased then at the rate of 12 *. an acre ? — I did. 3084. Had you a representative in the colony when the original lottery took place ? — ^Yes, I appointed a person there to take my chance, and he drew lots for me. 3085. When did you commence receiving a salary as commissioner? — I com'' nienced from the first of my appointment. 3086. When was that ?— In 1835. 3087. When was the salary first sanctioned ? — I think in 1837. 3088. Then in 1837, upon the salary being sanctioned, you drew your salary from 1835, not having drawn any before ? — Yes ; the Lords of the Treasury sanctioned it from the commencement of my duties, as had been done in all other cases in the commission. 3089. You were acting from 1835 to 1837 as an unpaid commissioner? — Yes. 3090. But in 1837, when the salary was first sanctioned, that salary was awarded to you from the period of 1 835 ? — Yes. 3091. It was paid in a lumping sum, three years' salary together? — Yes. The other commissioners declared that they would serve gratuitously ; I always stated that, as chairman, my duties would be so constant and so arduous, that I should expect a salary ; but I did not make very pressing application for it till after the colony was, as I supposed, established. 3092. Are the Committee to understand that, in accepting the office of com- . missioner in 1835, you announced then that you expected and intended to 0.21, M M 2 receive 268 MINUTES OF EVIDENCE TAKEN BEFORE THE Col. R. Torrens. receive a salary ?-Not then ; when I was first nonunated as commissibner by . Mr. Secretary Spring Rice, I then announced to him that I could not serve 30 March J 841, without a salary. • • • iqq= ^^^^ ■*.«,, a« Qooq When you were appointed as commissioner m 1835, were you ap- pointed as a paid or as an unpaid commissioner ?— As an unpaid commissioner at the outset. , . j ^1 . • i. j j qoQA When was the period when you made up your mind that you intended and expected to receive a salaiy ?— I always intended and always expected to i-eceive a salary. , . ^ 3005 When you accepted office as an unpaid commissioner ?— Yes. qo"q6. Chairman.l Are you aware of the correspondence that took place with Mr. Angas, in October 1835, with reference to his vacating his seat at the commission ?— Yes ; I became recently aware of that. 3097 Were not you a commissioner at the .time that Mr. Anga« vacated his seat at the Board in consequence of his having a personal interest in the colony of South Australia, which was considered by the Government, and by Mr. Angas himself, incompatible with the duties of a commissioner r— I, at that time, believed that the letters referred to future purchases and future bargains which Mr. Angas then, as chairman of the South Australian Company, was about to enter into with the commission. I did not think it referred to far past transactions, which was my case. 3098. Sir William Molesworth.'] Did not Mr. Angas resign his office of com- missioner in consequence of having become a proprietor of land in the colony? —He had not quite become a proprietor then ; he was about to engage exten- sively in buying land, and in other pecuniary transactions with the commis- sioners, and therefore he resigned. 3099. Lord Stanley.'] Upon the ground that it Was unfit for a commissioner to have a pecuniary interest in the colony ? — Upon the ground which I have just stated. 3100. Chairman.] Is the letter of the 22d of October 1835, from the Under Secretary of State to the commissioners, the letter you refer to as having been written by Lord Glenelg, discouraging the purchase of land by the commis- sioners while they held that office ?— Yes ; i considered that after that letter no commissioner had a right to purchase any land. 3101. How long had the commission been in existence at that time ? — ^About six months. . 3102. Sir William Molesworth.] Did your name appear in the public list of J)urchasers of land in South Australia? — No, it has not appeared upon the public list of purchasers. 31 03. Did you purchase the land through the agency of another person ? — I will explain how it occurred. At the first commencement of the duties of the commission, the great and almost insuperable difficulty was to realize the pre- liminary sales to the amount of 35,000^., and also to realize the money neces- sary for the guarantee fund ; therefore, all the persons that took an interest in the colony were strongly urged to lend pecuniary aid. I had always intended to risk about 1,000?. in the colony, long before the commission was appointed, and I then renewed my intention, and said that I would risk 1,000?. in it; and I induced persons to buy this land for me, upon a pledge that when they chose to call upon me I would take it off their hands ; therefore, it did not appear in the first instance in my name. But I beg to say that it was not in consequence of any wish to conceal it, for I always avowed that it was mine ; I never con- cealed it. 3104. Lord Stanley.] Was this land, in the first instance, purchased by other persons out of their means ? — They advanced the money, and I paid it back with interest. 3105. How soon did they call upon you to pay the money, and to take the land ? — I cannot remember the date. 3106. About when ?— It was two years after, I dare say. 3107. It was subsequentiy to your becoming a paid commissioner.?—! cannot exactly say; I rather tMnk it was, but I am not positive. 3108. Was it subsequently to the letter of Lord Gleaielg, which prohibits any person being a commissioner from becoming interested in land in South Aus- tralia } — Yes, I paid the rest of the money after that letter was received, but I had paid part of it long previously ; therefore, though the land was held ia SELECT COMMITTEE ON SOUTH AUSTRALIA. 269 pledge by them, in their own names, as a security for the remaining purchase- Cd. R. Torrens. money, I had long before paid part of the money ; therefore, it was only com- pleting a transaction to which I was bound, it was not a new transaction. 3o March 1841. 3109. Chairman.] Did you conceive that that letter merely imposed a pro- spective prohibition upon the commissioners afterwards acquiring an interest in land in the colony, or that it declared that any commissioner who had such an interest would be expected to tender his immediate resignation ? — I coilceived, always, that it was prospective ; that it referred to people bujdng land subse- quently to the date of the letter ; I thought it did not relate to my case at all, but merely to Mr. Angas's case, who was about to enter into large transactions with the commission. , 31 10. Was not the letter addressed not to Mr. Angas but to the commission of which you are chairman, and did it not contain a distinct enunciation of the principle that any one whose duty it being, as a commissioner, to sell land, should also buy, would disqualify himself from continuing a member jof the Board ? — No doubt of it. 31 1 1. Did you communicate to the Government at that time that you were a proprietor of land in the colony ? — I did not, because that letter was not con- sidered by me as referring to my case, and I attended A^ery little to it ; but subsequently, when that letter was brought before me, I read it again, and I saw that this letter called upon me to tender my resignation, and consequently 1 immediately tendered it. 3112. How soon was it brought under your notice ? — Not till very recently. 3113. Do you mean to say that this letter of October 1835, written to the Board, of which you were chairman, did not strike you in that light till very recently ?^ — ^No, it was put by ; I did not look at the letter in that light, and when the individuals who had advanced the money for the purchase of the land called upon me to repay them, I had entirely forgotten that letter ; but as soon as circumstances called to my mind those things which had happened before, I tendered my resignation, and got Lord John Russell's opinion upon the whole transaction. 3114. You mean that you tendered your resignation to Lord John Russell in consequence of having that letter brought under your notice? — Yes, as soon as it was brought to my notice. 3115. Has it been accepted ? — Conditionally. 3116. Sip William Moleswortk] When was your resignation tendered? — About two months ago. 3117. Were you not aware at the time that Mr. Angas had retired from the commission in consequence of having purchased land in the colony? — In con- sequence of his being about to make large purchases, but it was long prior to that; I beg to state that I have acquired no pecuniary advantage whatever from this land ; it remains as it was when I first got it ; it has never been the sub- ject of special survey, or of any bargain whatever, except one, which, though beneficial to myself, I allowed the holder to eancel as soon as the crisis depreciated the value of the land. I took it chiefiy for the purpose of aiding the establishment of the colony by fulfilling the conditions of the Act of Par- liament. 3118. Do you wish to make any further statement to the Committee ? — ^There are one or two things with regard to Mr. Elliot's evidence, which I wish to observe upon. In answer to Qi. 1362, he says, " In July 1840, when we knew that the colony was on the verge of insolvency, this report was not merely sent in, but composed." I beg leave to say, that almost the whole of that report was composed very early in the year ; the report was drafted in the early part of the year ; it was Written at many intervals. There were two or three pas- sages put in, later in the year, and I remember that one was omitted respecting the application of the municipal regulation to the Council, that it might be put in a letter of the new commissioners, and something was added qualifying the strong belief expressed as to the prosperity of the colony. 3119. You mean that that Fourth Report was not, in fact, complete and in a conation to be sent into the office till July 1840 ? — It was composed long before, but it was not signed by the commissioners. The next is the answer to question 1362. In reference to the plan of finance alluded to in the Fourth Report, he says, " We would have accepted it with gratitude, but we never saw it," I beg to say that all that plan was submitted to the new conmissioners. 0.21. M M 3 The 270 MINUTES OF EVIDENCE TAKEN BEFORE THE Col. R. Torrem. The plan consisted, first, in raising a loan upon easy terms by^ giving great faculties for raising money by means of issumg bonds convertible mto land. . 30 March 1841. 31 20 Do you refer to the correspondence vphich took place between yourselt and Mr! Freshfield, and which you produce to the Comnuttee ?— Yes. C5121 Have you anything to state with reference to that plan in addition to what appears upon the face of the correspondence which you have handed in ? —No -but that is a part of what was referred to m the report, which Mr. Elhot says he knew nothing about; it appears as if I had kept back frbm my colleagues some plan which I had, to then- prejudice. 3122 Did you ever bring that under the notice of your colleagues, and com- municate the correspondence which took place between yourself and Mr. Freshfield, a copy of which has been delivered in ?— The loan part of the plan was brought Before the commissioners in that correspondence ; it was discussed several times, and finally rejected. The next part of the plan was to put^the expenditure of the colony under the control of a representative council, which was not only submitted to my coUeagues, but they adopted it m the month of July. Another part of the plan was to have a land sinking fund ; that is, to get the sanction of Parliament either for getting an extension of territory or for reserving a portion of the present territory from the operation of the existing Act, and applying the proceeds to pay off the debt. 3123. Do you mean to say, that those were distinct propositions alluded to in the Report of the Commissioners, as having been under their consideration vdth a view to place the finances'of the colony on a stable foundation ? — ^They were not directly alluded to in the report, it was merely said, "It is superfluous for us to go into the measures which we should have adopted had we continued in office." Then Mr. ElUot says, that some sentences contained in the draft letter which was sent in on the 26th of August, were startling to him, and he never heard of them before ; I wish to show that in those sentences, I was speaking not of the principle of the colony, but of a different thing ; I said that the machinery of the colony had broken down, and I was not inconsistent thene ; my language has always been the same, as will appear from the First Annual Report to the Fourth Report. I always said, that the machinery was vfery bad, but the principle was very good. T. F. Elliot, Esq. T. Frederick Elliot, Esq. further Examined. 3125. Chairman.'^ HAVE you any statement to address to the Committee with reference to the financial accounts which have been given in by the com- missioners ? — In reference to the remarks just made by Colonel Torrens, there are one or two points that appear to me necessary to notice, and I vnll endeavour to do so as briefly as possible. In my former evidence, I Said, that after paying off the emigration debt on the 3 1st December in any one year, I thought it would be improper immediately afterwards to borrow money again, no fresh land sales having occurred. Colonel Torrens now observes, that the commissioners pursued the course of borrowing money in the year 1840 ; and he appears to consider that there is some incon- sistency in that fact with my former statement. The difference between the two cases is this ; at the end of 1839, no emigration debt had been paid off at aU ; it had not been necessary under the Act to pay off the debt. That is the first distinction ; and in the next place, at the very first Board which ever assembled of the new commissioners, we heard of fresh land sales to the amount of 50,000 I. ; and within the next four or five months, we heard of further sales in the colony, to the extent of about 25,000 I. Under those circumstances, we did continue last year to borrow money from the emigration fund, as pointed out in the Act. But on the 3 1 st of December 1 840, we should have been obUged, if we had possessed the means, to pay off the debt to the emigration fund ; and pn the other hand, we should have been aware that the sales both at home and in the colony, were quite stopped. There is another ground of alleged inconsistency. Colonel Torrens has ob- seiyed, that if the new commissioners would not have been content to stop emigration, in order to pay the bills, he is surprised that they should have persisted in trying for a loan, not only in July, but in August and in No- yember. I beg to ofeerve, that in August they did not persist in trying for a loan SELECT COMMITTEE ON SOUTH AUSTRALIA. 271 a Icfan, but on the contrary, expressly refrained from any further attempt, alleging the very reason, that since they must replenish the emigration fund, they would be obliged to refuse the biUs. In November, it is true, they sub- mitted what reasons they could to the Government for getting money ; but then not as a loan to South Australia, to carry on the colony upon its old principles, but as a measure of reUef, to pay off debts. To those two topics I must beg leave to add one remark. The tables and statements which the commissioners collectively laid before the Committee were not prepared to prove any specific result ; they were general statements, giving general views of the colony, extending over large periods. The different tables that have since been called for at the instance of Colonel Torrens were intended to prove specific results, and many of them are not mere statements of facts, but involve hypothesis ; yet rather than oppose giving any information wished, we have allowed them to go in, though the majority of the commis- sioners dissent from the hypothesis on which those tables are founded. One table proceeds upon the supposition that emigration would have been stopped altogether, though-we should have raised large sums of money; another on the supposition that we should only have sent out three ships. I beg now to explain that we should not have taken that course. We should have felt bound to carry on emigration when we had the means, or at least to replenish the emigration fund According to the stringent provisions of the Acts. The funda- mental principle of the colony is to provide for emigration. It is on this that all who had faith in the prosperity of the colony relied. Long after the com- mission became insolvent, the South Australian Company, and the South Australian Society equally pressed us to the resumption of emigration : one gentleman, I beheve the largest proprietor in the cotony, went so far as to say in our office, very late in the year, that he would rather advance the money from his own funds than that we should not renew emigration. The tables to whicli I object proceed on the assumption that we should have exercised a dis- cretion on a point, upon which the whole object and use of the South Austra- lian Act was to render it impossible for us to exercise any discretion at all : it was to guard against the possibility of postponing emigration to other objects, that so much value has been set upon the enactments upon that subject. T. y. Elliot, Esq. 30 March 1841. Martis, 27° die Aprilis, 1841. MEMBERS PRESENT. Captain A'Court. Mr. R. Currie. Lord Eliot. Lord Fitzalan. Mr. W. Gladstone. Sir G. Grey. M r. G. Hope. Lord Viscount Howick. Lord Viscount Mahon. Sir W. Molesworth. Mr. J. Parker. Mr. Vernon Smith. Mr. Sotheron. Lord Stanley. Mr. G. Wood. The Right Hon. Sir GEORGE GREY, Bart, in the Chair. Rowland Hill, Esq. called in ; and Examined. 3126. Chairman.] THE Committee understand that you wish to make some addition to your answer to Question 2312? — I do; the answer stands at pre- sent thus : " I think the colony, 18 months ago, at the period I left the Com- mission, was then in a very successful state." The addition I wish to make to that reply is the following : It possessed a considerable and rapidly increasing revenue, (derived chiefly from customs,) which promised to be sufficient, at no distant period, to provide for all the necessary expenses of government. It had a land fund which for the year then current amounted to nearly 170,000 I., the largest sum, I believe, that had ever been raised in any one year in any British colony ; and although it had borrowed 80,000 /., it possessed Government securities, and money which must have been nearly, if not quite sufficient, to pay off this and all other claims. Romlaitd HiU, Esq. 27 April 1841. 0.21. M M 4 i72 MINUTES OF EVIDENCE TAKEN BEFORE THE Martis, 4° die Mail, 1841, Captain A'Coert. Ml-. Raikes Currie. Lord EUat. L(»rd FitzalaD. Mr. G. Hope. MEMSERS PBj:SENT. Lord Howick. Lord Mahon. Mr. Parker. Mr. VerrvQO Smith. Mr. Sotberon. The Eight Hon. Sir GEORGE GREY, Bart, in the Chair. T. F. Elliot, Esq. called in ; and Examined. T. F. Eliiot,Esq. 3127. Chairman.] ARE you able to give the Committee any information as to the quantity of land which has actually been sold in South Austraha which 4 May 1841. has not been surveyed, and for which therefore a certain expense has yet to be incurred on account of the surveys ?— The object will be to ascertam the quan- tity of land of which the surveys will require to be provided for, when any new measure for establishing a fee on surveys can come into operation. 3128. Assuming all future surveys will be provided for, what quantity of land is there which piu-chasers have actually paid for, and on which no extra charge can be imposed for the purpose of survey ? — Colonel Gawler, in his official minute of the 3d of April 1840, stated that, including special surveys, there remained in round numbers about 200,000 acres to be surveyed; since the time Colonel Gawler gave that information, there have been sales in England to the ^ extent of 7,000 acres, and sales reported from the colony, up to June 1840, to the extent of 2,500 acres. I think as a moderate and reasonable estimate for additional sales in the colony, till the result of this Committee's inquiries can be known, we may assume 7,500 acres more would be sold, making 17,000 acres, or in round numbers 20,000 acres, to be added to the 200,000 reported by Colonel Gawler in April 1840. Now Captain Dawson, in a report on colo- nial surveys generally, estimated "the progress of the work, and the cost in South Australia; the progress is at the fate of 150,000 acres per annum, the cost at the rate of 3 *. 2 d. per acre. The latest bill we have from the colony is dated in December 1840 ; and it is fair to assume that up to that date the surveys, in common with the other expenditure of the colony, had been actually paid for. At the rate of 150,000 acres per annum, 100,000 acres ought to have been surveyed up to the date I last mentioned of December, and may be consi- dered to have been executed and paid for. Out of the whole quantity therefore of 220,000 acres which I estimated, 100,000 acres maybe considered as disposed of, and there will remain to be executed, when any measures founded on the deliberations of this Committee can reach the colony, 120,000 acres to survey; and at the rate of 3s. 2d. an acre, this quantity would cost about 19,000?. This is the best estimate I can form, at the old cost of surveys. 3129. Then you think the expense incurred on this head would not, exceed, speaking in round numbers, the sum of 20,000 1. 1 — I think there is reaSon to hope it will not at any rate exceed 20,000 /. ; but if the cost of surveys be materially reduced, as is likely, the expense of course is still lower. 3130. Lord ilfaAow.] What is the date of the last account you have had from the colony? — 24th November 1840. 3131. Do the latest accounts contain anything important bearing on the inquiries now before the Committee ?— Only one letter reached us by the over- land mail, and it contained no intelligence of importance ; the Governoi: had not at that time heard of the stoppage of his bills. ^ 3132. Do you expect any further intelligence within the next few days ?— It is impossible to say; the despatches from South Australia arrive by such various opportunities. SELECT COMMITTEE ON SOUTH AUSTRALIA. APPENDIX. PAPERS LAID BEFORE THE COMMITTEE. 1. — PAPERS presented by the Colonial Department : Memorandum, by Mr. Gairdner, of Papers presented by the Colonial Department relative to South Australia ------------p. iv. Schedule of the Papers presented by the Colonial Department - . - pp. vii-x. The Papers -- pp. 1-150 2.— PAPERS— viz. : (l.) Letter from James Oswald, Esq. m.p. to the Right Hon. Lord John Russell, dated 16 February 1841, transmitting Memorial from certain Merchants of the City of Glasgow, having Claims on the Colony of South Australia - - - p. 150 ^2.) Memorial from Merchants of Glasgow, dated 13 February 1841 - - - p. 150 (3.) Letter from R: Vernon Smith, Esq. to J. Oswald, Esq. m.p. dated 22 February 1841, in reply, to the foregoing Letter- .-.-.... p. 150 3. — Papers delivered in by Colonel Torrens : — . . . . pp. isi-i69 1st Period, Negotiations with Government until the passing of the Act - - p. 151 2d Period, from the passing of the Act to the gazetting of the First Commission - p. 152 3d Period, from the gazetting of the Commissioners to Departure of First Governor p. 157 4th Period, from the Departure of Governor Hindmarsh to the appointment of Governor Gawler ----.--.-....p. leo 5th Period, Progress of the Colony under Colonel Gawler in 1839 - - - p. 163 4. — Letter from South Australian Commissioners to James Stephen, Esq. dated 22 February 1 841 , transmitting Despatch from the Resident Commissioner, with Statistical Return of the State of the Province - - - pp.170, I7i 5. — Statement of all Bills of Exchange drawn by the Authority of Colonel Gawler since his Arrival in the Colony, and which have been either signed or counter- signed by Himself •. . - . pp. 172-177 7. — Correspondence — viz. : (1.) Letter from Rowland Hill, Esq. to James Stephen, Esq. dated 3 April 1837 - p. 178 (2.) Letter from Rowland Hill, Esq. to James Stephen, Esq. dated 14 April 1837 p. ISl (3.) Letter from James Stephen, Esq. to the Colonization Commissioners, dated 26 April 1837 ---p. 182 (4.^ Letter from James Stephen, Esq- to A. Y. Spearman, Esq. dated 26 April 1837 p. 182 (5.) Letter from A. Y. Spearman, Esq. to J. Stephen, Esq. dated 8 June 1837 • p. 183 (6.) Letter from James Stephen, Esq. to the Colonization Commissioners, dated 1 9 July 1837 - - - - - p. 186 (7.) Letter from R. Torrens, Esq. to James Stephen, Esq. dated 20 April 1838 - p. 187 (8.) Letter from James Stephen, Esq. to A. Y. Spearman, Esq. dated 30 April 1838 p. 189 (9.) Letter from James Stephen, Esq. to Colonel Torrens, dated 30 April 1838 - . p. 190 (10.) Letter from A. Y. Spearman, Esq. to James Stephen, Esq. dated 11 June 1838 p. 190 (11.) Letter from James Stephen, Esq. to the Colonization Commissioners, dated 12 June 1838 p. 190 8. — Statements delivered in by T. F. Elliot, Esq. 5 March 1841 : (1.) Financial Statement of the Colonization Commissioners for South Australia, 7 March 1841 p. 191 (2.) Statement of Bills drawn from the Colony each Three Months - - - p. 192 (3.) Bills drawn from South Australia, which have been presented in the year 1840, and in the Months of January and February 1841 p. 192 (4.) Statement of Ways and Means during 1840, submitted to the Board Monthly p. 193 (5.) Financial Position at the Commencement of the Half Years of 1 January and 1 July 1836-1841 - .... ..... p. 194 (6.) Yearly Statement of the Loans from the Emigration Fund - - - -p. 196 9. — Paper delivered in by G. F. Angas, Esq. 4 March 1841 : Correspondence relative to the Resignation of G. F. Angas, Esq. Colonization Commissioner, p. 197 0.21. N N -(— 10. — Papers ii APPENDIX TO REPORT FROM THE 10.— Papers delivered in by Colonel Torrens, 5 March 1841 : (1.) Draft proposed to be substituted by Colonel Torrens for the Letters to the Colonial Department, dated 26 August and 17 September 1840 - - - - p. 200 (2.) Statement of Shipping arrived in Port Adelaide, from 1 January to 31 December 1839 p. 203 11.— Paper delivered in by G. F. Angas, Esq. 18 March 1841 : Topographical Collection of Rocks and Minerals from the Ranges of Hills in South Austra- lia; by J. Menge p. 205 12. — Papers deHvered in by John Rundle, Esq. m. p. 18 March 1841 : Municipal Corporation Act for the City of Adelaide (passed the Legislative Council of South Australia, 17 August 1840), Colonel George Gawler, k.h.. Governor - p. 207 u 13.— Papers delivered in by T. F. Elliot, Esq. 11 March 1841 : Public Revenue of South Australia for 1839, and the First Quarter of 1840 - p. 216 Shipping, 1839 ; computed from Customs Return enclosed in Colonel Gawler's De- spatch, No. 50, of 26th November 1839, and No. 26 of 20th March 1840 - p. 216 (3.) Return intended to show the probable Population of South Australia at the End of 1838, 1839, and 1840 - - - p. 217 (4.) Statement of the Yearly Sales of Public Lands in South Australia effected in England and in the Colony -----------p. 218 (5.) Monthly Statement of Sales of Public Lands in South Australia during 1839 and the First Half of 1840, effected in the Colony p. 218 (6.) Monthly Statement of Sales of Public Lands in South Australia during the Years 1839 and 1840, effected in England p. 219 14. — Papers delivered in by Colonel Torrens, 18 March 1841 : (1.) Mr. Pennington's Minute on the South Australian Financial Arrangements - p. 220 (2.) Revenue Bonds payable for Land -.-..--. p. 223 (S.) South Australian Colonial Revenue Security ------ p. 225 f4.i Extract from Professional Bill of Mr. Freshfield, delivered to the Commissioners, p. 226 Memorandum : — Extracts from Despatches of Colonel Gawler, and from Enclosures which he requests may be considered as Official - - - - - p. 226 ft] 15. — Despatches addressed to and received from Colonel Gawler, during the Years 1838, 1839, and 1840, relative to the Finances of South ' Australia .....p, 229 266 16. — Monthly Statements of Ways and Means, for the Year 1840 : (A.) Statement of Ways and Means for the year 1840, on the assumption of a Loan of 120,000 Z. having been raised in Jvme, payable by equal Instalments in the Months of July, September, and November, and also on the further assumption of One Emigrant Ship having been dispatched in each of the Months of September, Oc- tober, and November -------. _.p_ ggg (B.) Statement of Ways and Means for the Year 1840, on the assumption of a Loan of 120,000 Z. having been raised in June, payable monthly, by six equal Instalments, commencmg on the 1st of July ; and also on the assumption that no Emigrant Ship was dispatched after August ------- ..p_ 267 17.— Correspondence relative to the Resignation of Colonel Torrens, as Colo- nization Commissioner : (1.) Letter from R. Torrens, Esq. to Lord John Russell, dated 15 December 1840 - p 268 (2.) Letter from Lord John Russell to R. Torrens, Esq. dated 30 December 1840 - p 270 (3.^ Letter from R. Torrens, Esq. to Lord John Russell, dated 4 January 1841 - p 270 (4.) Letter from Lord John Russell to R. Torrens, Esq. dated 11 January 1841 - p. 270 5.) Letter from R. Torrens, Esq. to Lord John Russell, dated 13 Januaiy 1841 - p. 271 (6.) Letter from Lord John Russell to R. Torrens, Esq. dated 19 January 1 841 - p. 271 YA t L V°^ ?■ J°''':^'»«' Esq. to Lord John Russell, dated 24 March 1841 - p. 271 (8.) Letter from J. Stephen, Esq. to R. Torrens, Esq. dated 31 March 1841 - p. 272 18.— Paper delivered in by E. G. Wakefield, Esq. 30 March 1841 : ^tTe^clnvo^Nr'q^th wf'' f^'TTt''^ Manufacturers, and others, interested in the Colony ol New South Wales, to Lord John Russell - - - . - p. 272 19.— Papers delivered in by Colonel Torrens, 30 March 1841 : ^'h«^f ifttT"*' '^°^'''^ *^' ^'°"""* "f ^^^ F""ds ^J^ich would have been in the Marrh I8?i J.7™;^^'°"^'-« «n/hf \f of January, the 1st of February, and the 1st of Mo^tt ^tn V -^^^""-"^ ""(^^ Liabilities "fallen due up to the 1st of each of those W i«r. wl .Tr^P^'^'V that a Loan of 120.000 Z. had been contracted for in the litul of that YeaT ^'^''"* ^^'^' '^ '^' "'^^^'^ ^^""^ ^^^ ^«^° '^'^P"*''^^'^ ''' SELECT COMMITTEE ON SOUTH AUSTRALIA. iii 19. — Papers — continued. (B.) Financial Position, January to June 1840 -------p. 274 Statement, showing the Debt chargeable upon the Revenues of the Colony, which would be due in England on the 1st May 1841, assuming the Expenditure, as per Ways and Means for 1840, marked (A.), and that the Loan of 155,000 Z. is received from the Government, instead of the Loan of 120,000 I., as assumed in that Statement; and pro- viding also for the Bills which have been estimated in the Returns made to the House of Commons ---... ......p. 275 21 . — Copy of a Despatch from Governor Sir George Gipps to Lord John Russell, dated Sydney, 27 October 1840 p. 276 23. — Copy of a Despatch from Lieutenant-governor Sir John Franklin to Lord John Russell, dated Van Diemen's Land, 22 October 1840 p. 276 Letter from G. F. Angas, Esq. to Lord John Russell, dated 16 April 1841 - - P- 278 24. — Correspondence respecting the Conduct of Mr. Fisher and Mr. Gilles, who held the Offices of Resident Commissioner and Colonial Treasurer in South Australia - - P- 279 27. — Memorial of the Magistrates, Merchants, and other Inhabitants of South Australia to the Secretary of State for the Colonies p. 283 28, — (l.) Letter from the Colonization Commissioners for South Australia to Lord John Russell, dated 10 December 1840 p. 285 (2.) Extract from a Despatch from Colonel Gawler, dated 26 February 1840 - p. 286 (3.) Copy of a Despatch from Colonel Gawler to the Secretary of State for the Colonies, dated 27 June 1840 - - - - p. 287 29.' — Copy of a Despatch from Lieut.-Colonel Gawler to the Secretary of State for the Colonial Department, dated 5 December 1840 -- -...-.p. 289 30. — Letter from the Colonization Commissioners for South Australia to James Stephen, Esq. dated 12 May 1841 ; transmitting the South Australian Resident Commissioner's Half- Yearly Report to 30 June 1840 --P- 290 31. — Copy of a Despatch from Grovernor Gawler to LordJohnRusseU, dated 28 December 1840, p. 298 33. — Copy of a Despatch from Governor Gawler to Lord John Russell, dated 18 January 1841, p. 323 34. — Bills drawn in the Colony each Three Months in 1840, being in completion of Statement, No. 2, delivered in by T. F. Elliot, Esq. 5 March 1841 p. 324 Paper delivered in by E. G. Wakefield, Esq. 26 March 1841 : Letter from E. G. Wakefield, Esq. to the Colonization Commissioners for South Australia, p. 325 Report on Surveying, considered with reference to New Zealand, and applicable to the Colonies generally, by Captain R. K. Dawson . - - - - p. 340 PLAN (1.) — District of Adelaide, showing the application of the Running Survey to that Locality. PLAN (2.) — District of Adelaide, South Australia, as divided into Country Sections ; from the Trigonometrical Surveys of Colonel Light, late Surveyor- General. PLAN (A.) — Maritime Portion of South Australia from Captain Flinders, and from more recent Surveys made by the Surveyor-General of the Colonies. PLAN (B.)— Special Surveys in South Australia, to the Eastward of the Gulf of St. Vincent, from Lat. 33° to 35° 40' S. ; from Documents in the Survey Office, Adelaide. 0.21. « N 2 T- L iv 3 Paper, No. 1. Memorandum. 4 June 1834. 4 & 5 Will 4, c-95' No. 1. No. 2. No. 3. No, 4. Vide No. 5. No. 6. No, 7. No, 8. No. 9. No, 10. No. 11. Vide Correspond- ence, Nos, 12 to 16. MEMORANDUM, by Mr. Gairdner, of Papkks presented by the Colonial Department relative to South Australia. The negotiations with the various parties concerned in the establishment of the settle- ment of South Australia commenoed during the admmistration of Lord Goderich, in February 1831, and were brought to a close by him in August 183a. They were recom- menced by Mr! W. Whitmore, m. p. with Lord Stanley, m July 1833 and carried on till his Lordship left the Colonial Office, in June 1834. On the day on which Mr. Spring Rice received the seals of the Colonial Department, Mr. Whitmore opened the correspondence with him. On the 15th August 1834, the South Austrahan Act passed and on the 27th April i8q^, Lord Glenelg signified the approval of the Government of the list submitted to his predecessor of the Cplonization. Commissioners, to give effect to the provisions of the Act. The first person who came forward as the projector of the settlement was Major Bacon. He addressed himself to Mr Hay, then Under Secretary of State, and the official answer returned to his application discouraged the project. Major Bacon, however, had several interviews on the subject with Lord Howick, who was also Under Secretary of State.; and on the 30th of October 1831 an advertisement appeared ..in tlie, Spectator, asserting that the Government had given their sanction to the project, Lord Howick then drew up a memorandum, which was communicated to Major Bacon, protesting against that statement, declaring that he had not been authorized by Lord Goderich to promise anything, recording what his own views really were, and suggesting, as the only mode of arriving at a practical result, that the parties should submit to Lord Goderich a draft of their proposed charter, which should have previously obtained the sanction of the Attorney-general. The subsequent correspondence was devoted to the discussion of various plans, until the 9th of July 1832, when Lord Howick's suggestion was so far acted on, that Colonel Torrens submitted a draft of a charter, as chairman of a provisional committee of the South Aus- tralian Land Company. On the 17th of the same month Lord Goderich's remarks on the project were communi- cated to Colonel Torrens. It was such as the Government, for the reasons stated, could not entertain. Colonel Torrens then expressed the willingness of the company to modify the provisions of the charter, so as to meet the views of the Government ; but Lord Goderich closed the correspondence, on the consideration that their own opinions were evidently unsettled, and ' that the grounds of the whole measure must have been very imperfectly explored. Their readiness to abandon the most prominent principles of the plan was referred to in proof of that fact. It was added that Lord Goderich*did not consider it convenient or compatible with his duty, to originate any scheme in substitution for that which was abandoned. This closed the correspondence during Lord Goderich's administration. On the 6th July 1833, Mr. Whitmore forwarded to Lord Stanley a modified plan. On the 22d August 1833, Lord Stanley, after considering that project, sent Mr. Whitmore a memorandum of the conditions on which he was ready to treat with the proposed company. A deputation had an interview with Lord Stanley, in February 1834, at which his Lord- ship further explained his views, Mr. Whitmore was not present, but on the 21st of that month, he, as chairman of the provisional committee, submitted a draft of a charter, which embodied many provisions considered objectionable, and opposed to the principles laid down by Lord Stanley. They are reviewed in the annexed letter of the 17th March, and Mr. Whitmore was there informed, that unless the association could assimilate their project much more to that which Lord Stanley had sketched, he must decline to proceed further in the negotiation. The association then abandoned the political part of the project, and sent in a modified proposition with a rough draft of a Bill. On the 15th April Lord Stanley addressed a letter to Mr. Grote, offering to give his provisional sanction to the undertaking on the further conditions laid down in that letter. A conference then took place, and the negotiations were still pending when Lord Stanley quilted office. Mr. Spring Rice then came into communication with the association, and agreed to the project on the conditions set forth in the letters from the Colonial Department of the 17th June and 12th July 1834. On SELECT COMMITTEE ON SOUTH AUSTRALIA. v On the 15th August 1834 the Act passed. On the 13th February 1835, Colonel No. 17. Torrens, as chairman of the association, submitted the names of the gentlemen proposed Act 4 & 5 Will. 4, as Colonization Commissioners. A question, then arose as to the personal liability of the c. 95. Commissioners, which was referred to the Board of Treasury, and a Report made by the No. 18. Commissioners of Audit. Nos. 18 to 22, On the 27th of April 1835 Lord Glenelg expressed his approval of the list of Com- No. 23. missioners proposed to his predecessor by Colonel Torrens. Mr. Lefevre, late Under Secre- tary of State, and Mr. Barnard, Agent-general for the Australian colonies, were added on the paTt of the Government. The first person selected as Governor was Major-general Sir Charles Napier. He sub- sequently declined to proceed to South Australia, on the ground that he could not undertake No. 24. the office without troops, and a permission to draw on the Government for funds in case of emergency. Captain Hindmarsh was then selected. The Colonization Commissioners sent in their schedule of the establishment of the No. 35. colony, and were permitted to select their own officers. In July 1836, Captain Hindmarsh sailed with the first main body of settlers. In January 1837 ^^ reported his arrival and assumption of the government. He became involved in a series of difficulties and contentions, and at the recommendation of the Commissioners, to whom every question referred home was submitted, he yvas recalled in February 1838. j^q. 26. Colonel Gawler was appointed at their express recommendation. Nos. 27 and 28 At the suggestion of the Commissioners, the offices of Governor and of Resident Com- No. 29. missioner were united in the person of Colonel GawJer ; and the Commissioners had, there- No. 30. fore, full power under the Act of Parliament of conveying to him their instructions on Vide No. 31. financial subjects. That power was rendered complete from the following circumstance : — In the year 1836 a question had been raised by the Colonization Commissioners as to Ficfe Nos. 32 to 40. the degree of control vested in them by the Act of Parliament, over the funds raised under the provisions of that Act for the expenses of the colony. The opinion of the law oSicers of the Crown was taken by the Board of Treasury, and it was decided that the control over such funds rested solely with the Commissioners. Closely connected with the question of the control over the finances of the colony was that of the amendment of the Act of Parliament, which will be found in the accompanying correspondence. Nos. 41 to 49. On the 31st July 1838 the Act 1 & 2 Vict. c. 60, brought in by a member of the Com- No. 50. mission, was passed, which, besides, amending some errors in the former Act, authorized the Commissioners to raise money by way of annuity ; to apply the proceeds of one fund, by way of loan, to the purposes of the other; to raise money, on the security of the revenue, to pay debts incurred to either fund; to apply the proceeds of the sale of lands in pwyment of revenue securities. In the early part of the year 1839, '* '^^^ suggested by the Commissioners that the FzWeNos. 51 to r^ instructions which they might from time to time issue to the Resident Commissioner in the colony should be submitted for revision to the Secretary of State. This proposal was at first entertained, but the system was soon abandoned as inconvenient. 'On the 9th December 1839 the chairman of the then existing Commission addressed a No. 54. letter to the Secretary of State, requesting, on the part of the members of the Commission, an interview on the subject of their receiving remuneration for their services. On the 23d of t^ the same month they were informed that it was the intention of the Government to constitute ' a Board of three salaried Commissioners for the general purposes of colonial land sales and emigration, under the direction of the Secretary of State and Board of Treasury ; and it was intimated that the Commission as then constituted would be dissolved. In the final Report of that Commission, dated in January 1840, but transmitted to the Fzrfe Parliamentary Colonial Office by Colonel Torrens on the 20th July following, the Commissioners con- Paper, No. 556, of gratulate themselves on the success of the undertaking. On the 7th of the same month the 1640. present Commission first brought under the knowledge of the Secretary of State the em- No. 56. barrassments of the colony, and they then proposed that they should, under the authority vested in them by the Act, raise a loan to the whole extent permitted by the Act, of i20,oooZ. To that proposal the Lords of the Treasury assented, on the recommendation of the Secretary of State; but on the 26th of August following the Commissioners felt No. 62. themselves called on to make a further statement of facts, which had been brought to their knowledge by more recent reports, addressed 10 them by Colonel Gawler, in his capacity of Resident Commissioner, and which convinced them that the financial embarrassments of the colony were such as to render it unjust to the public to negotiate further for a loan Nos. 63 to 73. ■without a full disclosure of the circumstances of the colony. That, and subsequent com- munications from the Commissioners, showing the liabilities of the colony, were referred to the Board of Treasury, and after a full investigation by a member of tbeir Lordships' y-jj^ ]\j,.. Parker's Board, a Treasury Minute, bearing date the 3d of November, was communicated to the Heport, No. 71. Secretary of State. That Minute stated the extent of the guarantee which their Lord- No. 72. ships felt justified in giving for the repayment of a loan. On the 6t.il of January 1841 the Commissioners reported their failure to raise a loan on the terms of the Treasury Minute, and they have been directed on the part of the Govern- ment to inform parties having claims on the colony, that the case would be brought before Parliament without delay, with a view of making such satisfaction of their claims as Par- liament might sanction. 0.21. N N 3 Colonel vi APPENDIX TO REPORT FROM THE Memorandum. Colonel Gawler's reports were addressed almost exclusively to the Colonisation Comtnis- aioners; but on the 23d of January 1839 he addressed a despatch to the Secretary of State, Tj which forms an exception to that general rule. It was written three months after his arrival 74- jjj South Australia, and states the view which he then took of the condition of the colony. That despatch, having been referred to the Colonization Commissioners, was reviewed in a No. 75. Teport, which will be found aniotigst the documents now presented to the Committee. Annexed is also a copy of Colonel Gawler's address tp the Legislative Council of South No. 76. Australia, on the 3d April 1840, on the financial proceedings of the year 1839, and contain- ing an abstract statement of the revenue and expenditure of the colony for the last quarter jjq ,-, of the year. A copy is also given of the despatch of tlie Secretary of State, addressed to Colonel Gawler, announcing his recal. On the 18th November 1840, Captain Grey, the newly appointed Governor of South Austraha, submitted to the Secretary of State a minute, containing a summary of several important subjects on which he was desirous of receiving instructions for his guidance, on assuming his office of governor. Copies of that communication, of the coi'respOndeftce, Nos. 78 to 84. thereon with the Board of Treasury and the Colonization Commissioners, togethet With a copy of Lord John Russell's instructions, are annexed. SELECT COMMITTEE ON SOUTH AUSTRALIA. vii SCHEDULE OF THE PAPERS PRESENTED BY THE COLONIAL DEPARTMENT. ESTABLISHMENT OF THE SETTLEMENT OF SOUTH AUSTRALIA. No. Date. Subject. Page- ,1. Lord Howick - - - - 30 Oct. 1831 Memorandum as to projected Settlement - . i 2. R. Torrens, Esq. to Lord Goderich - 9 July 1832 Submitting Draft of a proposed Charter - - i 3. R. W. Hay, Esq. to R. Torrens, Esq. 17 July 1832 In Reply to the preceding Letter : Remarks on project of Charter - - - - - -16 4. R. Torrens, Esq. to Lord Goderich 19 July 1833 Willingness of the Colnpany to modify the Pro- visions of the Charter - - - - - 17 5. R. W. Hay, Esq. to R. Torrens, Esq. 6 Aug. 1832 Lord Goderich declines originating any Scheme, and closes the Correspondence - - - - 19 6. W.W.'Whitmore, Esq. M.P.toMr. 6 July 1833 Modified Plan for establishing a Colony in South Secretary Stanley Australia .-- ---19 7. Mr. Secretary Stanley to W.W.Whit- 22 Aug. 1833 With Memorandum of the Conditions upon which more, Esq. M.P. His Majesly's Government might proceed - - 21 8. Provisional Committee of the South 21 Feb. 1834 Enclosing Draft of a proposed Charter - - - 21 Australian Association to Mr. Se- cretary Stanley. 9. J. Lefevre, Esq. to W. W. Whitmore, 17 Mar. 1834 In reply to preceding Letter : Propositions of the Esq. M. P. Association must be modified - - - - 33 10. George Grote, Esq. M.P. to J. Le- 21 Mar. 1834 Transmitting modified Propositions - - - 35 fevre, Esq. 11. Draft of an Act from Mr. Gouger - - - - Act to authorize His Majesty to frame Laws and appoint Officers for South Australia ,- - - 63 12. J. Lefevre, Esq. to George Grote, 15 April 1834 Signifies Mr. Secretary Stanley's approval of pro- Esq. M. P. posed Act, under certain Modifications - - 37 12*. R. Gouger, Esq. to John Lefevre, 17 Aprii 1834 Transmitting Ressolution passed by the Provisional Esq. Committee of the South Australian Association - 38 13. The Committee of the South Ajistra- 4 June 1834 Requesting an early decision on their Propositions - 38 lian Association to Mr. Secretary Spring Rice. 14. J. Lefevre, Esq. to W. W. Whitmore, 17 June 1834 Conditions upon which His Majesty's Government Esq. M. P. will approve the introduction of the proposed Bill 39 15. Draft of Bill A Bill to erect South Australia into a British Pro- vince, &c. ....-.-39 16. J. Lefevre, Esq. to W. W. Whitmore, 12 July 1834 Suggests certain Alterations in the proposed Bill - 43 Esq. M.P. 17. Act 4 & 5 WilL 4, c. 95 - - Passed 15 Au- An Act to empower His Majesty to erect South gust 1834. Australia into a British Province - - - 44 18. R. Torrens, Esq, to the Earl of Aber- 13 Feb. 1835 Submitting Names of the Gentlemen proposed as deen. Colonization Commissioners - - . - 48 19. R. W. Hay, Esq. to R. Torrens, Esq. 16 Feb. 1835 Question as to the personal responsibility of the Commissioners - - - - - 49 20. R. Torrens, !feq.to R. W. Hay, Esq. 2 Mar. 1835 With Mr. Freshfield's opinion as to the personal res- ponsibility of the Commissioners - - - 50 21. R. W, Hay, Esq. to the Hon. J. 7 Mar. 1835 Transmitting Copies of the two preceding Letters for Stewart. the consideration of the Lords of the Treasury - 51 22. The Hon. J. Stewart to R. W. Hay, 4 April 1835 Opinion of the Lords of the Treasury, and of Com- Esq. missioners of Audit, as to to the personal responsi- bility of the South Australian Commissioners - 51 23. Mr. Secretary Grant to R. Torrens, 27 April 1835 Approving the Gentlemen named as the Coloniza- Esq. tion Commissioners .-.--- 5a 24. Secretary to the South Australian 22 May 1835 Transmitting Copy of the Correspondence between Commissioners to R. W. Hay, the Commissioners and Colonel Napier, on his Esq, resignation of the Government - - - - 53 25. R. Torrens, Esq. to Lord Glenelg - 14 Dec. 1836 Schedule of proposed Civil Establishment - - 54 26. LordGIenelgtoGovernorHindmarsh21 Feb. 1838 Recalling him from his Government - - - 55 27. R. ToKreDS,Esq.toMr. UnderSecre- 31 Mar. 1838 Reeommending the appointment of Lieut.- Colonel tary Stephen. Gawler as Governor 61 28. Mr. Under Secretary Stephen to 3 April 1838 Will submit name of Lieut.-Colonel Gawler to the Colonization Commissioners for Queen, as successor to Capt. Hindmarsh - - 61 South Australia. 0.21. N N4 viil APPENDIX TO REPORT FROM THE UNION OF OFFICES OF GOVERNOR AND COLONIAL RESIDENT COMMISSIONER. No D'*-™. Subject. Page. 29."R.Torrens,Esq.toMr.UnderSecre- 23April 1838RecommendstheUnionoftheOfficea - - - 61 tary Stephen. 30. Mr. Under Secretary Stephen to 10 May 1838 States consent of Secretary of State to proposed South Australian Colonization arrangement b-s Commissioners. 31 R Torrens Esq toMr.UnderSecre- 21 May 1838 With reference to foregoing arrangement, proposes 31. -K- ^o'^'^eM'-r'^-'^*' ^'^"^ uuu o J alteration in the Financial Instructions to Cobnel tary Stephen. ^3 CONTROL OVER THE FINANCES OF THE COLONY. 32. A. Y. Spearman, Esq. to Mr. Under 16 June 1836 Transmits Queries from Commissioners of Audit re- Secretary Stephen. lative to the accountmg for the Funds of the ^ ^ Colony 63 33. Mr., Under Secretary Stephen to Co- 22 June 1836 Transmitting foregoing Letter - - - - 64 Ionization Commissioners. 34. R. Hill: Esq. to Mr. Under Secretary 29 June 1836 States Opinion of the Commissioners as to the Stephen. Financial Control vested in them - - - 64 35. Mr. Under Secretary Stephen to 1 July 1836 Submits Question of Financial Control - - - 65 A. Y. Spearman, Esq. 36. Mr. Under Secretary Stephen to the 6 July 1836 The Question submitted to the Board of Treasury - 65 Conlmissioners. 37. A. Y. Spearman, Esq. to Mr. Under 11 Aug. 1836 Transmits Opinion of Crown Lawyers, that the Fi- Secretary Stephen. nancial Control rests with the Commissioners - 66 38. J. Stephen, Esq. to A. Y. Spearman, 19 Aug. 1836 Consequences of the Opinion expressed by the Esq. , Crown Lawyers ------ 66 39. F. Baring, Esq. to J. Stephen, Esq. - 7 Oct. 1836 Measures necessary thereon : Proposed Amendment of Act --.--.--67 40. J. Stephen, Esq. to A. Y. Spearman, 24 Feb. 1837 Right of Control over the Funds asserted by the Esq. Colonization Commissioners - - . - 67 PROPOSED AMENDMENT OF THE ACT. 41. Rowland Hill, Esq. to Sir G. Grey 18 Feb. 1836 Proposed Amendment of the Act to authorize Loans by Annuities ----- 68 42. J. Stephen, Esq. to South Australian 25 Feb. 1836 To submit Draft of their proposed Bill for that Qommissioners. purpose -.------68 43. R. Torrens, Esq. to Lord Glenelg - 1 June 1836 Transmits Draft of Bill proposed by the Commis- sioners --------69 44. J. Stephen, Esq. to R. Torrens, Esq. 5 July 1836 Further Amendments required in the Draft : Consi- deration of Question deferred - - . - 7 1 45. R. Torrens, Esq. to Lord Glenelg - 17 Aug. 1836 Submits two separate Plans for conducting Financial Affairs of the Colony ; one under the Commis- sioners, the other under the Secretary of State - 72 45 A. J. Stephen, Esq. to South Austra- 9 Jan. 1837 Asks further Suggestions as to Amendment of Act 74 lian Commissioners. 45 B. Rowland Hill, Esq. to Sir George 20 Jan. 1837 In reply, requesting Copies of Correspondence with Grey, Bart. M. P. Board of Treasury and Crown Lawyers, as to Control of Funds - - - - . 74 46. J. Stephen, Esq. to South Australian 28 Jan. 1837 Transmits Correspondence asked for . - . 75 Commissioners. 47. R. Hill, Esq. to J. Stephen, Esq. - 24 Feb. 1837 With reference to Opinion of Crown Lawyers, the Commissioners propose passing a sh(»rt declaratory Act, with power to raise Annuities - - - 75 48. R. Hill, Esq. to J. Stephen, Esq. - 3 Mar. 1837 Necessity for amending the Act - - - - 73 49. J. Stephen, Esq. to the Colonization 23 Mar. 1837 With reference to Letters from their Board of 17th Commissioners. August 1836, 24th February and 3d March 1837 76 60. Act 1 & 2 Vict. c. 60 - - - 31 July 1838 To amend the original South Australian Act - - 7a SELECT COMMITTEE ON SOUTH AUSTRALIA. ix PROPOSED REVIEW BY THE SECRETARY OF STATE OF THE INSTRUCTIONS FROM THE COMMISSIONERS TO THE COLONIAL AUTHORITIES No. Date. Subject. Page. 51. Colonel Torrens to Lord Glenelg - 22 Dec. 1837 Transmits Minute of proposed. Arrangenlent for con- ducting Correspondence - - - - 80 52. J, Stephen, Esq. to the Colonization 4 Jan. 1838 Suggestion adopted, subject to modification or alter- Commissioner. ation ..-....-80 53. J* Stephen, Esq. to the Colonization 7 Feb. 1838 Arrangement annulled 81 Commissioner. DISSOLUTION OF THE ORIGINAL COMMISSION. 54. R; Torrens, Esq. to J. Stephen, Esq. 9 Dec. 1839 The Commissioners request Interview on the ques- tion of their Remuneration - - - - 81 55. Lord John Russell to the Colonization 23 Dec. 1839 Dissolution of the Commission, and formation of a Commissioners. Board of three Salaried Commissioners, for general purposes of Colonial Land Sales and Emigration 83 FINANCIAL DIFFICULTIES OF THE COLONY. 56. Colonization Commissioners, R. Tor- 7 July 1840 Financial Difficulties of the Colony, and proposing rens,Esq.,T.F.Elliot,Esq.andHon. Loan of 120,000 Z. - - - . - . 84 E. E. Villiers, to Lord John Russell. 57. J. Stephen, Esq. to the Commis- 13 July 1840 Has referred on the subject to the Board of Treasury. sioners. Transmits copy of Despatch to Colonel Gawler - 90 58. J. Stephen, Esq. to C. E, Trevelyan, 13 July 1840 Transmits Report of Commissioners, and recom- •"®1* mends Loan ---....go 59. Lord John Russell to Colonel Gawler 13 July 1840 Transmits Report of Commissioners, and calls for Explanations - - - - - - -90 60. C. E. Trevelyan, Esq. to J. Stephen, 18 July 1840 Sanctions Loan proposed . . . . _ gi Esq. 61. J. Stephen, Esq. to Colonization Com- 20 July 1840 Transmits Treasury Letter - - - - - 91 missioners. 62. South Australian Commissioners to 26 Aug. 1840 Report further Embarrassments of the Colony : Un- J. Stephen, Esq. just to the Public to raise Loan without declaring the State of the Colony - - - - - 91 63. J. Stephen, Esq. to C. E. Trevelyan, 11 Sept. 1840 Transmits the foregoing Report, with review of Esq. Facts, and proposes Parliamentary Inquiry - 102 64. South Australian Commissioners to 11 Sept. 1840 With Statement of their Assets and Liabilities - 103 J. Stephen, Esq. 65. J. Stephen, Esq. to C. E. Trevelyan, 14 Sept. 1840 Transmits foregoing Report - - - - . io5 Esq. 66. J. Stephen, Esq. to Colonization Com- 22 Sept. 1840 Their further Report referred to the Treasury - 105 missioners, 67. Colonization Commissioners to J. Ste- 17 Sept. 1840 Grounds for hoping the Assistance of Government phen Esq. ^^ ^^^ present Crisis of the Colony - - - 106 68. R. Gordon, Esq. M.P. to J. Stephen, 23 Sept. 1840 Board of Treasury concur in necessity for Parlia- j;gq_ mentary Investigation : An Inquiry into Financial Circumstances of the Colony to be made by one of that Board ---..-. 107 69. J. Stephen, Esq. to the Commissioners 28 Sept. 1840 Communicates Correspondence with Treasury : An- ^ ^ swer to the Holders of Bills - - - - 107 70. J. Stephen, Esq. to R. Gordon, Esq. 5 Oct. 1840 Tra,nsmits further Communication from Coloniza- tion Commissioners - - - - - -108 71. J. Parker, Esq. M.P. to the Lords 15 Oct. 1840 Report on the Financial Circumstances of the Co- Commissioners of H. M. Treasury, lony -. -109 73, R. Gordon, Esq. to J. Stephen, Esq. 4 Nov. 1840 Transmits Treasury Minute of 3d November, stating the Guarantee to be given by Government to en- able the Commissioners to raise a Loan - - 120 73. Lord John Russell to the Commis- 5 Nov. 1840 Transmits foregoing Letter: The Commissioners not sioners. to expend Money raised under such Guarantee without specific Authority of the Board of Trea- sury -....--- 122 74. Governor Gawler to Lord Glenelg - 23 Jan. 1839 Disorganized state of the Colony and Difficulties of his Government - - - - - 123 0.21. OO X APPENDIX TO' REPORT FROM THE No. Date. Subject. Page. 75. R. Torrens, Esq. to J. Stephen, Esq. 24 Aug. 1839 States the Views of the late Board of Commissioners on Report contained in the foregoing Despatch - 124 76. Address 3 April 1840 Governor's Address to the Legislative Council on the Finances of the Colony for the last Quarter of 1839 126 77. Lord John Russell to Governor Gaw- 26 Dec. 1840 Notifying his Recal, and the Appointment of Cap- -ler. tain Grey as his Successor - - - - 135 78. Captain Grey to Lord John Russell - 18 Nov. 1840 Encloses Summary of Subjects on which he re- quests Instructions; his Correspondence; Finance; Special Surveys, &c. - - - - - 135. 79. J. Stephen, Esq. to C. E. Trevelyan, 27 Nov. 1840 Refers to Board of Treasury points from foregoing Esq. Letter 137 80. J. Stephen, Esq. to Colonization 27 Nov. 1840 Similar referenise - --.-.. isg Commissioners. 81. C. E. Trevelyan, Esq. to J. Stephen, 5 Dec. 1840 Answer to the Reference on Captain Grey's Queries 138 Esq. 82. R. Torrens, Esq. and Hon. E. E.Vil- 11 Dec. 1840 Answer to similar Reference to them - - . 140 liers to J. Stephen, Esq. 83. R. Torrens, Esq. and Hon. E. E. Vil- 12 Dec. 1840 Participation of Members of South Australian Go- liers to J. Stephen, Esq. vernment in Special Surveys - - - - 149 84.. Lord John Russell to Captain Grey 29 Dec. 1840 Enclosing foregoing Correspondence, and adding further Instructions - - - - - -149 [ 1 ] PAPERS PRESENTED BY THE COLONIAL DEPARTMENT. — No. 1.- • MEMORANDUM by Lord Howick. Colonial Office, 31 October 183a. ^ I WAS surprised to see in the Spectator of yesterday, an assertion that the Government Memorandum by had given its sanction to the plan for the establishment of a chartered colony in Australia. Lord Howick. This statement is not strictly correct. It is a mistake to suppose that any official sanction has been given to the plan; the only approbation which has been expressed was conveyed by myself, verbally, to Major Bacon ; and in the conversations I had with him, I distinctly informed him that I was authorized to promise nothing, and that I merely expressed my own opinion, being ignorant of that which Lord Goderich might entertain, as I did not consider the plan sufficiently matured to receive his decision. The substance of what I said in this unofficial manner was this, that I myself thought very favourably of the project, and that, doing so, I was anxious it should be laid before Lord Goderich in such a shape as to be most likely to meet with his approbation. For this purpose I'advised the modifications in the original project, with respect to the number of inhabitants which should be considered sufficient for the introduction of a representative government, and with respect to the nomination of the governor, which have since been made. I further suggested that the draft of the charter which it was desired to obtain, should be prepared and submitted to the Attorney-General ; and 1 stated that if this draft, approved l)y him and accompanied by a respectable list of subscribers, were brought under the consideration of Lord Goderich, and if it should be clearly made to appear that the Government would be put to no expense, I had little doubt that Lord Goderich would recommend that the charter should be issued. With respect to the difficulty which was stated to exist about obtaining subscriptions without having first obtained the sanction of Government to the scheme, I said that in my opinion what would be the fairest for all parties would be, that the draft of the charier should be submitted to Lord Goderich, with a list of subscriptions conditional upon the sanction of the Government being granted; and that, upon the drafts being approved by Lord Goderich, the sums subscribed for should be actually paid up, or at least a certain proportion, before the charter should actually issue ; that thus the subscriber would run no risk of being drawn in to contribute to an unsanctioned project, and the Government would equally avoid all danger of giving its countenance to a scheme which there were no funds to support. (signed) H. — No. 2. — Copy of a LETTER from R. Torrens, Esq. to Lord Goderich. South Australian Land Company's Office, My Lord, No. 8, Regent-street, 9 July 1832. jj^ ^ As chairman of a meeting of the provisional cornmittee of the South Australian Land K. Torrens, Esq. Company, I have the honour to address your Lordship, for the purpose of laying before you to Lord Goderich, such a modification of the plan of the company as it is hoped will be found in accordance 9 J"ly 1832. with the views expressed by your Lordship to a deputation from the committee on the 25th • — — of last month. It appeared to that deputation, that the hesitation of your Lordship to affijrd the sanction of his Majesty's Government to the proposed undertaking, was founded on the risk to which the Government would be exposed of reproach from Parliament, or the public, for having lent the authority of the Crown to an enterprize, which, after ail, might not prove successful. ,In order to meet this difficulty on the part of your Lordship, it was suggested for your Lordship's consideration, whether the proposed charter might not be granted contingently, in such manner that the operation of the ciiarter should be dependent upon the success of the company in planting a colony. Of this suggestion your Lordship was pleased to say, that any modification of the plan founded upon it, should receive your best consideration, and that it might remove the difficulties which had occurred to your Lordship. But your Lordship staled further that, although by rendering the operation of the charter contingent on success, many difficulties might be removed, still you would wish to know precisely what 0.21. a course 2 APPENDIX TO REPORT FROM THE No. 2. course the company would pursue, for the purpose of trying that experiment on which the R. Torrens, Esq. operation of the charter should depend. to Lord Goderich, Bearino- in mind these your Lordship's views on the subject, the committee have prepared 9 J uly 1832. ^^^^^^ ^^°^^^ proposed charter, which I have the honour to enclose. They were desirous ^ that the charter should set out by describing that state of things, on the existence of which the provisions of the charter should come into effect; but they are informed that to such a form of proceeding there are serious technical objections ; and they have therefore adopted the only practicable form on such occasions, by rendering the provisions of the cliarter null and void in case the experiment to be tried by the company should not prove successful. Consequently those words of the cliarter which give to the whole a contingent character, occur at the end instead of the beginning of the document. When the deputation proposed that the test of success should be a given amount of popu- lation, your Lordship was pleased to observe, that such a test would not be complete, since a colony might ultimately fail, to which a great number of persons had emigrated without sufficient knowledge of the spot; and it was therefore proposed that the test of success should be combined of population and lime; viz. a given amount of population residing in the colony during a given period. In the enclosed draft the committee have defined the amount of people, and periods of time, which they conceive would be a fair test of success; but in expressing tlieir opinion, they are desirous that, if your Lordship shoulcl see fit, the provisions should be altered by your Lordship, whose mind it is their object to satisfy. With a view to the experiment, on the success of which the Continued operation of the charter is made dependent, by the prospectus which it is proposed shall be issued forthwith, measures will be taken for raising an immediate capital of 50,000 1, being the first instalment of the proposed capital to be subscribed of 500,000 Z. With part or the whole of this sum tliey propose : 1. To send out a party of 200 or 250 selected labourers and artisans with their wives (being married men), under the care of a commissioner or superintendent, accompanied by proper officers and assistants. 2. To purchase in Van Diemen's Land, such a supply of provisions, to be sent from time to time to the new settlement, as may be amply sufficient for the consumption of the body of persons sent out by the company. 3. To purchase in Van Diemen's Land, a number of cattle, sheep, pigs, &c. &c., to be kept as stock in the new settlement, for the purpose of ascertaining the fitness of the country for graiing purposes. 4. To take such measures in the new settlement as may seem req^uired for the purpose of ifitting the country for the reception of other emigrants, and especially to survey and prepare maps of the land, in the neighbourhood of what may be the first settlement. 5. In case the soil of the proposed settlement should not be found fit for colonization, the ■company will sustain and provide for the emigrants. In accordance with the power to be vested in the company by the charter, they propose to furnish the company's servants in the colony with a set of rules and regulations for the maintenance of order in the settlement. Although in the present stage of the undertaking they are not prepared to lay before yoat Lordship a particular statement of such rules and regulations, they wish to say, generally, that the object of the company in framing them will be, as much as possible, to give the body of settlers at large a voice in what concerns them especially; and for this purpose they propose keeping in view the instructions furnished by Sir Basil Keith, governor of Jamaica, to Mr. Ferguson, as superintendent of the settlement of Honduras, in 1775. Amongst the instructions given to the servants of the company, none can be considered more important than that by which they will be desired to forward to England, with the least unnecessary delay, a report concerning the soil and productions of the new settlement, and its fitness, generally, for colonization. On the receipt of the early reports from the superintendent and council, the company will be governed, as to any further proceedings, by the tenor of those reports. The committee trusts that the experimental' character now proposed for the first expedi- tion, and the important provision which renders the duration and effect of the charter con- tmgent on the company's success, in the attempt to plant a colony, will satisfy your Lordship that the sanction of his Majesty's Government may be accorded to this enternrize without risk of inconvenience to your Lordship, or of injury to any department of public service ; but in order that no doubt may be left on your Lordship's mind as 10 the bene- ficial operation of the proposed charter, the committee are very desirous that the object of themsdver ^^ ^^ ^ explained to your Lordship by a deputation from In consequence of the advance in the season,, and the great importance of so arranging the first expedition, that the first settlers may reach the colony some time before the ImJ the committee venture to express a hope that your Lordship may not find it inconvenient to' fix an early day for receiving their deputation. 'ui-onvenieni to I have, &c. (signed) Robert Torrem, Chairman. SELECT COMMITTEE ON SOUTH AUSTRALIA. 3 To the King's Most Excellent Majesty in Council. No. 2. The humble Petition of . ^ Jr^Tr'^^ Showeth, q Jdv 18^2 That that part of your Majesty's dominion of New Holland, which .ies between the " ' i32d and 141st degrees of east longitude, both inclusive, and between the 20th parallel of south latitude on the north, and the Southern Pacific Ocean on the south (and which includes the shores of the large inlet known by the name of Spencer's Gulph), together with the large island called Kangaroo Island, and other islands adjacent, enjoying a tem- perate and salubrious climate, and a soil adapted for the production of all the necessaries of life, and of many valuable articles of commerce, is eminently fitted for the reception of emigrants and settlers from other parts of your Majesty's dominions. That a great number of your Majesty's subjects are desirous of emigrating thither, with their families, for the purpose of settling and forming a colony within the territory aforesaid. That for the purpose of aiding and assisting, with capital and otherwise, in promoting the objects and views of the persons aforesaid, and of facilitating the colonization of the said territory in the most speedy and beneficial manner, your petitioners, together with a number of other persons, have formed a company under the name of the South Australian Land Company, with the further object of purchasing and acquiring land in the territory aforesaid, for which purposes your petitioners, and such last-mentioned persons, have subscribed a capital of 500,000/., in shares of 50 Z. each. That your petitioners are advised that the beneficial purposes aforesaid will be more effectually accomplished, and that it will be attended with great benefit and advantage to your Majesty's subjects generally, if your Majesty would be graciously pleased to grant your Majesty's Royal letters-patent, erecting the aforesaid territory into a separate and distinct province, and constituting your petitioners and the other subscribers to the said' capital of 500,000 1, a body corporate and politic. Your petitioners, therefore, most humbly pray, that your Majesty will be graciously pleased to grant your Majesty's Royal charter or letters-patent, erecting the territory aforesaid into a separate and distinct province by the name of South Australia, or such other name as your Majesty may think fit, constituting your petitioners and the said last- mentioned persons one body politic and corporate, by the name and style of The South Australian Land Company, for the purposes expressed, and for such other lawful purposes, arad upon such conditions, and with such restrictions, regulations and provisions as to your Majesty may seem meet. And your petitioners will ever pray, &c. William the Fourth, by the Grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, and so forth, to all to whom these presents shall come, greeting. Whereas have presented their petition to us in Council, hurnbly setting forth (amongst other things) that that part of our dominion of New Holland which lies between the iS'zd and 141st degrees east longitude, both inclusive, and between the 2Qth parallel of south latitude on the north, and the Southern Pacific Ocean on the south, and which includes the shores of the large inlet known by the name of Spencer's Gulph, together with the large island called Kangaroo Island, and other islands adjacent, enjoying a temperate and salubrious climate, and a soil adapted for the production of all the necessaries of life, and of many valuable articles of commerce, is eminently fitted for the reception of emigrants and settlers from other parts of our dominions : That a great number of our subjects are desirous of emigrating thither with their famihes, for the purpose of settling and forming a colony within the territory aforesaid : That for the purpose of aiding and assisting with capital, and otherwise in promoting the objects and views of the persons aforesaid, and of facilitating the colonization of the said territory in the most speedy and beneficial manner, the said petitioners, together with a number of other persons, have formed a company under the name of The South Australian Land Company, with the further object of purchasing and acquiring land in the territory aforesaid, ibr which purposes the said petitioners and such last-mentioned persons have subscribed a capital of 500,000/. in shares of 50 Z. each : That the said petitioners are advised that the beneficial purposes aforesaid will be more effectually accomplished, and that it will be attended with great benefit and advantage to our subjects generally, if we should be pleased to grant our Royal letters-patent, erecting the aforesaid territory into a separate and distinct colony, and constituting the said peti- tioners, and the other subscribers to the said capital of 500,000 Z., a body corporate and politic ; and the said petitioners, therefore, most humbly prayed ns to grant our Royal charter or letters-patent for erecting the territory aforesaid into a separate and distinct pro- vince by the name of South Australia, or such other name as we might think fit, and con- stituting the said petitioners and the said last-mentioned persons one body politic and corporate, by the name and style of The South Australian Land Company, for the purposes expressed, and for such other lawful purposes, and upon such conditions, and with such restrictions, regulations and provisions, as to us might seem meet: 3. We, having taken the said petition into our Royal consideration, and being willing to give all fitting encouragement to the said undertaking, are graciously pleased to condescend to the petitioners' request : Know ye therefore, that as well upon the prayer of the said 0,21. a 2 persons No. 2. 4 APPENDIX TO REPORT FROM THE to Lord Goderich, our he.rs,and .^X^'if o?c?m^^^^ Holland which lies between the ig^d and 9 July 1832. all that part ot the ^f ^ '^^.^"J °'bX^"„XsWe. and between the 20th parallel of south lati- „ 141st degrees «f. ^^^^^ ^^f'^"^^^^^^^ Pacific OcTn' on the south, together with all islands lying tude on thenorth and Southern Facihcuce^^^^^ aforesaid^degrees of longitude inclu- and being -^^^ /"u^he n Pac fie Ocea^^^^^ ^^^^^ J^ ^^^^^ ^^ Holland, sive,and with n five ''^S"^^^", ° Vfr " v for us our heirs, and successors, erect and constitute, ?£^.^1 ir?stp"i. a»1?dtSvt"C^^^^^^^^ ;= »U .hall be'clled by ,he n.„e of South Australia. . _ i2 And we do hereby further declare that likewise, as well upon the prayer of the said pe son^slsTf our own Especial grace certain ^^r^^^'^^^ilra'dTv SsI^pJeTenf^Tr' granted made ordained, constituted, declared, and appointed, and by these presents, ror S' our hSii and successors, do give, grant, ordain, constitute, declare, and appom., that Incorporation of f^^lH^t ^ith all and every other person and persons, and body and bodies politic and cor- the company. pSe, who have become and now are or shall at any time or times hereafter, and in manner he einaf^r provided, become and be entitled to one or more share or shares in the capital stocTof the'Jorporation hereby created, and their respective -^--^s ---"^^^ £-'- trators. and as^ns (so long as they respectively shall be entaled to any such share or shares') shall be tnd be called one body politic and corporate in deed and in law, by. the name and style of The South Australian Land Company ; and them, by the name and style of The Soufh Australian Land Company, we do for us, our heirs and nuccessors and for, the purposes hereinafter mentioned, make, erect, create, ordain, estabhsh, confirm and Perpetual succes- declare, by these presents, to be one body politic and corporate for ever. And oui will and sion, and a common pleasure is, and we do hereby for us, our heirs and successors, declare and appoint that the seal. aid body politic and corporate, by these presents created by such name as aforesaid, shall have perpetual succession, and shall and may have and use a common seal, wih power from time to time to make, change, alter, and make anew the same, as to them shall seem Power to hold lands meet or expedient ; and that they and their successors, by the name aforesaid, shall be in England. capable in law, notwithstanding any statute of mortmain, to have, purchase, take, hold, receive, possess, and enjoy any messuages, lands, rents, tenements franchises, and heredi- taments whatsoever in Great Britain, not exceeding m the whole the value of 1,000/ per annum at the time they or their successors shall purchase the same, and also any and all manner of goods, chattels, moveables, and things whatsoever, and to sell, grant, alien, and , , , , demise, or dispose of the same messuages, lands, rents, tenements, franchises, hereditaments. Power to hold lands o^ds chattels, moveables and things, or any of them, or any part thereof, at their free will in Australia. |^j pleasure ; and that they and their successors, by the name aforesaid, shall and may be capably in law to have, purchase, take, hold, receive, possess, and enjoy any lands, terri- tories, possessions, tenements, jurisdictions, franchises, and other hereditaments whatsoever, lyino- and being in the province of South Australia aforesaid, or elsewhere soever, of what quantity, quality, or value soever they be, and more especially any such as shall be granted bv us in virtue of our Royal preroga'tive. and to sell, giant, alien, let, lease, and demise, or otherwise dispose of the same, or any part thereof, or any interest therein ; and also to con- tract for, bargain, purchase, and export all such arms, ammunition, goods, merchandizes, matters, and things, as may be necessary or convenient for the cultivation, clearing or improvement of the lands which may be purchased or held by the said company as afore- said, or as hereinafter mentioned, or for the maintenance and support or defence of the inhabitants of, and dwellers in, and persons to be conveyed or transported to the said pro- vince of South Australia, both in the said province and on their way thither; and shall also^ be empowered, and they are hereby authorized to import and receive, and to sell and dispose of all goods, merchandizes, matters, and things, which may be consigned or remitted to them from such their lands, in payment or satisfaction of any rent or purchase-money arising from the occupation or sale of any such land, and to receive and negotiate in England bills of exchange, promissory notes, or other negotiable securities for money which may be remitted to them on account of any such rent or purchase-money; and shall also be em- powered, and they are hereby authorized to transport and convey out of our realms of Great Britain, or any other of our dominions, or from any other place whatsoever into the said province of South Australia, all such and so many of our subjects, or of any foreigners that may be willing to become our subjects, and live under our allegiance in the said province, as shall willingly go and inhabit and reside there; and for the purposes aforesaid, or any other lawful purpose, to purchase, build, hire, contract for, charter or freight any sbip or ships, vessel or vessels, and employ the same in carrying and transporting such person^s, arms, ammunition, goods, merchandizes, matters, and things as aforesaid, or in such other lawful manner as to the said company and their successors shall seem fit; and that the said company, by the name aforesaid, shall and may sue and be sued, implead and be impleaded, answer and be answered, defend and be defended, in courts of record and elsewhere, and before any judges, justices, officers, and ministers, of us our heirs and successors, and in all and singular pleas, actiqns, suits, causes, and demands whatsoever, and of what nature or kind soever, and shall and, may by the name aforesaid do, perform, and execute, and cause and procure to be done, performed and executed, all or any lawful acts, matters, and things whatsoever appertaining to them, to do, perform, or execute, by virtue of these presents or otherwise. Q. And SELECT COMMITTEE ON SOUTH AUSTRALIA. 3. And we do declare, that the said corporatioa shall be and is established for the purposes of purchasing, holding, improving, clearing, settling and disposing of, by sale or other- wise at their discretion, waste and other lands in the province of South Australia aforesaid ; and for making advances of capital to settlers in the lands within the said province, and for the building or.assisting in the building of cities, towns and villages, and for the opening, making, improving and maintaining roads, canals and other internal communications through the same, and for making, constructing and improving docks, harbours, and other public works for the benefit thereof, and for the purpose of rendering the same a more desirable and convenient place of residence or abode, and for conveying all such persons, whether our subjects or foreigners, as shall be willing to settle there, and more particulairly labouring persons, and for promoting the cultivation of such articles as can advantageously be exported from the said province, and for the other purposes hereinafter mentioned, and for all and every other objects and purposes, object and purpose of every kind or nature whatsoever, either directly or indirectly connected with or relating or incidental to the several objects and purposes aforesaid. 4. And we do further declare, that the capital or joint stock of the said company, to be used and applied in establishing and carrying on the said undertaking, and for the objects, designs and purposes aforesaid, shall be the sum of 500,000 Z. sterling, to be raised in and divided into shares of 50/. each, and that the shares in the said undertaking and in the profits and advantages thereof, shall be and be deemed personal estate, and as such personal estate shall be transmissible accordingly ; and that all and every person and persons, body ssnd bodies politic and corporate, being the proprietor or proprietors of one or more such share or shares, shall be entitled to be the proprietor or proprietors of a proportionate share of the capital stock of the said company, and of the profits and advantages attending the same, provided that no smaller sum than 50 Z. shall be subscribed in respect of any one share, and that no share of 50Z. shall be divisible into parts. 5. And we do hereby further declare, that the several persons who now have, or hold, or shall at auy time and from time to time hereafter have or hold any share or shares in the said company ; and in case of the capital of the said company being increased at any time or times hereafter, by the "creation of new shares or otherwise as hereinafter mentioned, all and every the proprietor and proprietors of, and person and persons subscribing for any one or more of such shares, shall pay, and they are hereby required to pay, the sum or sums of money by them respectively subscribed, or such parts or proportions thereof as shall from lime to time be called for, pursuant to or by virtue of the powers and directions of these presents, at such times and places, and to such persons, and in such manner as shall be ordered and directed by the court of directors for the time being of the said company ; and that in case any person or persons shall neglect or refuse to pay any such sum or sums of money, at such times and in such manner as shall be ordered and directed by the court of directors as aforesaid, it shall, be lawful for the said company to sue for and recover the same, together with lawful interest, from such appointed time of payment, and till payment from such person or persons respectively, and his, her or their heirs, executors or adminis- trators; and in those cases where two or more persons shall be jointly possessed of any one Gr more share or shares in the said company, then from all or any or either of such persons, his, her or their heirs, executors or administrators. 6. And we do hereby further declare, that if any subscriber or subscribers, or any proprie- tor or proprietors of any share or shares in the said company, his, her or their executors, administrators, successors or assigns, shall neglect or refuse to pay his, her or their pro- portion of the money to be called for by the court of directors as aforesaid, for the space of 21 days next after the time appointed for payment thereof, together with lawful interest from the appointed time of payment, and till payment, then and in every such case the person or persons so neglecting or refusing shall (unless a court of directors should in each such case, within 30 days after the expiration of such ii days, decide otherwise) cease to be a proprietor or proprietors in respect of each share in the said company and capital stock as to which default may be so made, and absolutely forfeit the same, and all profits and advan- tages thereof; and all money theretofore advanced by him, her or them, or those under whom he, she or they shall derive title on account thereof, to and for the use and benefit of the said cpmpany, and of the other proprietors thereof rateably according, to their shares, nevertheless without prejudice to the right of enforcing the payment of such call or calls, and that each share which shall or may be so forfeited, shall or may at any time or times thereafter, as may be provided by any bj'e-law of the said company for the time -being, or otherwise at the discretion of a court of directors, either be extinguished for the benefit of the said other proprietors, or be sold and re-issued to any person or persons what- soever, and the produce thereof shall go to and make part of the capital or joint stock of the said company. 7. And we do further declare, that the said companj', or the directors to be appointed by ■virtue of these presents, shall cause the names, descriptions and addresses of the several persons who have subscribed and now hold, or may at any lime hereafter be entitled to any share or shares of the said capital, whether by original subscription thereto or by such transfer as hereinafter mentioned, with the number of such share or shares, and also the proper number' by which every share shall be distinguished, to be clearly and distincti}' entered in a book or books to be kept at the office of the said company, by their clerk or secretary. 8. And we do hereby further declare and ordain, that it shall be lawful for the several pro- prietors of the said company, their executors, administrators, successors or assigns (subject to such regulations and restrictions, if any, and in such manner and form as the court ol .0.2 a. as directors No. 2. R. Torrens, Esq. to Lord Godericb, 9 July 1832. Capital and shares. Shares to be per- sonal estate. Subscribers to pay calls. Recoverable in de- fault of payment. Forfeiture for non- payment of calls. Names of pro- prietors to be en- tered in a book. Shares to be trans- ferable. 6 APPENDIX TO REPORT FROM THE No, 2. R. Tonens, Esq. to Lord Goderich, 9 July 1832. No transfer of a fractionable part. No transfer until calls paid. Probates, &c. to be produced at the office of the com- pany. Notice of trust not to bind the com- pany. To be twelve di- lectors. Their general p.owers and duties. May make rules and regulations. Number of direc- tors may be in- creased or dimi- nished. directors for the time being of the said company shall from time to time order and direct)^ to sell and transfer any share or shares of which they shall respectively be possessed ; pro- vided that no transfer of a share or shares shall be valid unless the same be made by a written instrument, in such form and at such time or times, and according to such regulations and restrictions as shall be ordered and directed by the court of directors for the time being ; and that from the time of such transfer or transfers being duly completed, and not before, the transferee or transferees shall become a member or members of the company in respect of such share or shares so transferred to him, her or them, and that no transfer shall be made of any fractional or aliquot part of any share in the said company. 9. Provided always, and we do further declare and ordain, that after any call for mowey shall have been made and become due and payable by virtue of these presents, no person or persons, body or bodies politic or corporate, shall sell or transfer any share or shares which he, she or they shall possess in the said company, or receive any dividend, interest, profit, or bonus, or exercise any right in respect of the same share or shares, or any or either of them, until the money so called for in respect of his, her or their shaTe or shares intended to be sold shall be paid ; and that until such money so called for shall be paid, any such sale or transfer of any share or shares shall be void, unless he, she or they shall at the time of such sale or transfer pay to the bankers of the said company, or such person or persona as the said court of directors for the time being shall appoint to receive the same, the full sum of money called for upon every share so to be sold or transferred- 10. And we further declare, that no executor, administrator, trustee by will, or assignee' in bankruptcy, or under any Act for the Relief of Insolvent Debtors, of any proprietor who shall die or become bankrupt, or take the benefit of such Insolvent Act, shall be entitled to receive any profit or dividend, or vote at any meeting of proprietors, or to do any act in respect of any share held by him in any of the aforesaid capacities, nor shall any person or persons claiming any share or shares for his or their own benefit, as next of kin, legatee or legatees, or cestui or cestuisque trust under a will, be entitled to have such share or shares transferred until the probate or letters of administration, or an exemplification or other legal evidence of the contents thereof, or until the deed of assignment of such bank- rupt's or insolvent's personal estates respectively establishing the title of such executor, administrator, trustee, assignee, or legatee or legatees, shall for three days have been left at the office of the company for the inspection thereof, by such officer of the same as theicourt of directors shall appoint for that purpose ; provided nevertheless, that no bequest or clause' in any such will contained shall bind or affect the said company with notice of any trust or disposition of any share or shares in llie capital or joint stock of the said company, or in the gains or profits thereof; but that the receipt or receipts of the executor or executors who shall prove the will of such testator, or the administrator or administrators of his effects, to the said company for the gains and profits thereof, and to any purchaser or purchasers for the amount of the purchase-money paid upon the sale and conveyance of such share or- shares, shall be good and effectual, and shall bind the cestnique trusts, and all other persons claiming in trust or otherwise under such testator, any rale of law or equity to the contrary notwithstanding. 1 1 . And we do further declare, that the business and concerns of the compesny shall be carried on under the management of 12 directors, to be chosen from time to time (from, amongst the proprietors for the time being of the said company, qualified by holding 25 shares, or such other greater or less number of shares as shall be determined from time to time by any bye-law of the said company to be a necessary qualification for the said oflSce of director; and that such directors shall have the general management, direction, super- intendence and control of the business and concerns of the company, and the custody of the common seal of the said corporation, and of the books of account and other books, deeds, and papers, and shall have power to direct the investment, callings in and laving out, sale and disposal of the stock, effects, funds, monies and securities of the said company, and all other the trafiic, commerce and dealings of the company, and to call general and other meetings of the proprietors, and to superintend, direct and control the correspondence and mode of keepmg the accounts, and the ascertainment of dividends and the profits or shares, and to do al other things necessary, or to be deemed by them proper or expedient for carrying on the business and concerns of the company, and to do, enforce, oerform and execute ail the powers, authorities, privileges, acts and things in relation to the said com- pany, and to bind the said company as if the same were done by the whole corporation ; and that the directors for the time being shall have power to frame rules and regulations, and prescribe the orders and directions for carrying on the business and concerns of the said company, and alter and vary the same from time to time as they in their discretion may think proper; and all such rules and regulations shall have the force of bye-laws, provided tbe same be not repugnant to the laws and statutes of this realm, or to any of the pro- visions of these presenls, or to any bye-law which may have been dulv passed at any general or special meeting of the proprietors of the said company ; and that no individual pro- prietor, not being a director (except the auditors in respect of their duties as auditors) shall nave a right to any interference, management, direction or control in or over the business and concerns of the company, or the capital stock and effects thereof. f..m tf^ r ! "'^u' ^"'^ "^ '^ ^^'^^y •^^^'^■■^' that the said number of 12 directors . may It fi r^ ;nci-eased or diminished by any bye-law of the said company, so that the same shall not exceed the number of 18 nor be less than nine ; and we do hereby declare that t shall be lawful for the said directors for the time being to appropriate out of the money to arise from the pei-centage which is to be allowed to ?he said company upon the South Australian Jimigration Fund hereinafter mentioned, such a sum, not exceeding 2,oool. per annum, SELECT COMMITTEE ON SOUTH AUSTRALIA. annum, as they shall think fit, which shall be distributed amongst themselves at such ti;nes and in such manner, form, and proportions as the said directors for the time being may think fit ; and we do further declare, that the persons hereinafter mentioned ; that is to say, the said Present directors together with named, shall be and they are hereby declared to be the first or present directors of the said com- pany under these presents, and that they shall (unless they or any of them shall sooner die. Rotation, resign, or become disqualified as hereinafter mentioned) continue in office until the annual general meeting of the said company, to be held on the third Wednesday in May, which will be in the year 1837, or within 14 days afterwards, or until others shall be duly elected in their room; and that at the said last-mentioned annual general meeting, and afterwards^ the directors of the said company shall from time to time be chosen by the proprietors pre- sent and entitled to vote at a general meeting, and three of the directors for the time being shall go out of ofl&ce at the said last-mentioned annual general meeting, and three others at every annual general meeting which shall be held on the third Wednesday in May, or within 14 days afterwards in every subsequent year, and three other directors shall be elected by the proprietors to continue in office for the succeeding six years, in the rooni of the three directors who shall from time to time go out of office, or the same or any or either of them may be re-elected a director or directors for the succeeding four years, and so from time to time, and that the order in which the said directors shall go out of office in the said year 1837, ^'^^ ^^^ '•""' years then next ensuing, shall be decided on by and between themselves by lots to be drawn for the purpose, or in any other manner that they may agree. And we do further declare, that the want of or failure to elect all or any of the directors Failure to elect to compose a competent court of directors, shall not in any manner tend to work the dis- directors not to dis-* solution of the said corporation, but that the general body of members shall and may be solve corporation, lawfully assembled and convened at some day to be fixed by the remaining directors, or the major part of them, for the election of the requisite number of directors in manner hereinafter provided, which directors so elected shall have and continue all the powers, privileges, and authorities hereinbefore provided for the continuance and government of the said corporation : provided always, that in case the number of directors of the said com- pany for the time being shall be increased or diminished by any bye-law of the said com- pany, as hereiabefore provided, then the number of such directors who shall go out of office, and the number who shall be elected in their room at every such annual general meeting as aforesaid, shall be increased or diminished in the like proportion, or as near thereto as conveniently' may be, and as may be determined by any bye-law or bye-laws of the said company to be passed for that purpose, so nevertheless that in every other respect the provisions of this clause shall be observed and adhered to. 12. And we do further declare, that the court of directors, and all and every the mem- indemnity to bers thereof, their heirs, executors, and administrators shall be indemnified and saved directors, harmless from and against all payments made or liabilities incurred, and all acts, deeds, matters and things executed, done, or ordered, and all sums of money, loss, costs, charges, damages, and expenses which they shall incur by reason of any contracts entered into by the said court within the limits of the rights and powers hereby granted to them, and they shall be indemnified out of the assets for the time being of the company, and, if neces- sary, by calls for that purpose of the capital which may remain unpaid ; and the court of directors for the time being of the company shall apply the then existing funds, assets, and capital of the company for the purposes of such indemnity and reimbursement, so never- theless that the directors, parties to such contracts, and their representatives, shall confide the performance and adjustment of such contracts, and the defence of actions under the same contracts, to the directors for the time being. 13. And we do further declare, that the directors for the time being of the said company Meetings of di- shall meet together at the office of the company once at least in every three calendar rectors* months, and at such other times as they shall think proper, and at such other times as they shall be convened as hereinafter mentioned, and that each of such meetings shall be styled a court of directors, but that no meeting of directors shall be deemed a court competent to enter and determine upon business unless at least four directors shall be present; and that if, on the day appointed for any such meeting, a sufficient number of directors to constitute a court shall not attend, then in every such case the said meeting shall be adjourned to the next or some subsequent day by the directors then present, and if none be present, then by the secretary to the said company, or such other person as shall attend in his place, and that such court of directors for the time being shall in all respects conform themselves to such bye-laws, rules, and regulations as shall from time to time be made by any special or general meeting of the proprietors of the said company, and, subject to all such bye-laws, rules, and regulations, shall and may direct and manage the affairs and business of the said company, and are hereby empowered to carry into execution all the powers and authorities hereby vested in the directors of the said company for the time being, except in those cases in which the concurrence of a definitive number of directors shall be required as herein provided, and that any tlirector shall be at liberty to call an extraordinary meeting of directors upon such notice and in such manner, and to consist at least of such number of directors, not being less than four, as shall be from time to time provided by the bye- laws of the said company or the orders of the court of directors : provided always, that all matters and things which the said directors shall in manner aforesaid and in writing order and direct to be done by sub-committees or other persons appointed under them, shall and may, by virtue of such orders, be done bv the said sub-committees or other persons so 0.3 1. 'a 4 appointed; APPENDIX TO REPORT FROM THE No. 2. R. Torrens, Esq, to Lord Goderich, 9 July 1832. Power to appoint persons to execute conveyances of land in South Australia. Power to revoke such appointment. Seal for that pur- pose. Chairman of di- rectors. Directors to make calls. Payments to be made by order of court of directors. Directors may make contracts. Directors to ap- point officers. Power in certain cases to remove a director. appointed ; provided also, that in no case shall the corporate seal of the company be affixed' to any instrume,"i; wfhatsoever, except by order of the court of directors and in the presence of at least two ot the court of directors, who shall attest by their signatures such sealing, and that the same was done by order of the court of directors, which attestation shall be evidence of the fact of such orders, 14. Provided always, and we do hereby further declare, that it shall and may be lawful for the said company, by power of attorney or written instrument under their corporate seal, to constitute and appoint two or more persons, being in South Australia aforesaid, to- make and execute conveyances, in the name and on the behalf of the said company, to any individual or individuals of any part of the land to be granted to or purchased or held by the said company in the manner hereinbefore contained, which conveyances shall be made- under the signatures of the said attornies and under such seal as hereinafter mentioned. 15. And we do further declare, that it shall and may be lav?ful for the said company from time to time, as occasion may require, and as to them may seem meet, to revoke any such power of attorney or instrument as aforesaid, and again to make and grant anj' other power or powers of attorney, instrument or instruments, for the like purpose ; provided that such powers of attorney or instruments as aforesaid be not addressed to fewer than two persons, and be made to take effect only when and so long as the persons thereby appointed shall actually be within the said province ; and it shall also be lawful for the said company to appoint and commit to the custody of such their attornies for the time being a seal for the purpose of executing such conveyance as aforesaid, and such seal from time to time to break, alter, or renew as to them may seem meet ; and every conveyance to be made and (Executed in manner aforesaid, by such attornies for the time being as aforesaid of the said company shall be valid and effectual in law to all intents and purposes whatsoever. 16. And we do hereby declare, that a chairman shall be elected by the directors for the time being from and amongst themselves, under such regulations as they may deem proper, to preside at each court of directors ; and that in all courts of directors the votes and resolutions of the majority of the directors present, exclusive of the chairman, shall be binding (except in cases where the concurrence of a definite number shall be required, as herein provided), and that, in case of an equality of votes, the chairman of each respective meeting shall have a casting vote. 17. And we do further declare, that the directors hereinbefore mentioned, or the directors for the time being, or such of them as shall be present at and opnstitule a court of directors, or the major part of them, shall have full power to make sucli call or calls for money from the several subscribers and proprietors for the time being of the company, their respective executors, administrators, successors, and assigns, not exceedino- in the whole (including the sums already paid in respect of such shares), the sum of'^^ol. on each share of and in the capital stock of the said company, held by him, her, or them respectively, as the said court of directors shall from time to time find wanting and necessary for the purposes of the said company : and that the sum or several sums of money so to be called for shall be paid into such bank or banks, or to such banker or bankers, or other person or persons, and at such time or place as shall be appointed by the said court of directors, of which time and place not less than 30 days' notice shall be previously given, under the hand of the secretary for the time being, in the London Ixazette, or in two or more of the daily London newspapers, one being a morning and one an evenmg newspaper, as the said court of directors shall direct; provided that uch call do not at any time exceed 5/. upon and for every share, and so as there can be an interval ot three calendar months at least between every such call and the next call to be made by virtue of these presents, 18. And we further declare, that all the payments to be made from time to time (in tills realm), out of the funds or property of the company, shall be made only bv the order ot a court of directors. ' 19. And we do further declare, that the court of directors for the time being shall have 1 power and authority, on behalf of the company, to enter into and execute, and also ThifK ^' "^"""y' alter, vary, and discharge any contract, agreement, or engagement, Tvhether under seal or otherwise, on behalf of the company, respecting any malers m rndtnvevarr"^ Tl ^l'"^--^^'^' t'^ to «>«ke. ''«, -d eLcutI al7asTignment" 20 An/l f' "If ^J' f^" V '? ''^'''^ '^'^ '^"'■P"'-^^^ «^^J '« '■^q"i'-ed to be affixed, ihe^nt^? Zt- f"^5^^ec^a'•^^ that the court of directors for the time being shall have bookTeeoers wK "^ T^ managers oflScers agents, engineers, surveyors, clerks, vince oTsm ib A ? ?' ''"'' T^T'' ^''H' '" '^'^ °"'" °^" ''^^l™' «r in the said pro' i^n ?be°r iSi^t ■ 'V'' '^'''"^'''' ^' the business or concerns of the company shall, sha 1 Ji ow t^thL ° •' 1° ''""V'T"^ '"^ ^^ employed therein respectively, and le'e benefits and ^ffP""^'^^^^ ^"^^^ «a^'i^«» wages, compensations, gratuities, privi- powe'rfmm me?o ^t'^TT, '' '^" 'i^ '^^"'"^ ^^^" '^^^ proper; and shalMiave Sr o'he wL Tnoh nl ?^''u '° •'^'™ respectively, by any instmment in writing ?o varv alter or r/vnt '"vf ^"'hor.t.es as the said court may deem expedient; Jd whenever a 'd\s often ' 1 ^T'' '"'^ -"thorities, and grant and delegate o'thers, displace and remolnnv '^'^ 'T' ""^^ ''^'"'^ proper ;%nd shall have power to keepei' workmen .nd^ 'i^anagers officers, engineers, surveyors, agents, clerks, book- tlLifdi'scTe ion shall .hin'rfi?' ' -'^^ fs occasion shall require, or as the said c^urt, in dismissal irremotl nH 1 V ""''^"^''^ ''''°? compelled to assign any reason for such pmor o fi] vacano'i-^^^ time to time, if deemed expedient,^o appoint other Ti A id ii f .1 J 1 ^^" .P'^'^.^' •■'"'^ situations respectively ^^ 21. And we further declare, that m case any director shall act in a manner which any three full to SELECT COMMITTEE ON SOUTH AUSTRALIA. 9 three or more of the remaining directors shall deem to be a gross or wilful breach of his j^^ 2. duty, or to be to the discredit, injury, or prejudice of the said compfiny, it shall be lawful n, Torrens, Esq. for such three or more directors to call a special meeting of the court of directors, to meet at to Lord Goderich, the distance of not fewer than seven days, to consider the case of such director; and that g July 1832. the director whose case is to be considered shall also be summoned to attend at such meet- . ing, but shall have no vote therein ; and that it shall be lawful for the other directors, or for any number of them present at any such appointed meeting, not being less than one-half of the whole number of directors of the said company for the time being, to displace such director, who shall thereby cease to be a director, and shall be incapable of being again elected to that office; and that no person who shall hereafter be elected a director of the said company shall, in any case, have any dealings or business with the said company upon his own account, either directly or indirectly, and either separately or in conjunction with any other person or persons, or be concerned in any bargain or contract to be made by, to or with the said company. , 22. And we further declare, that any director for the time being may at any time resign Directors may his office, upon giving to the secretary for the time being todays' previous notice, in writ- resign, and how ing, of his intention so to do ; and that in case any director shall cease to hold such number they become dis- of shares in the capital of the company as aforesaid, or as shall, by any bye-law thereof, be qualified. made a requisite qualification for the office of director, or shall absent himself from the meetings of the directors for one year, v/ithout leave of a court of directors for that purpose, and a minute of such absence for one year, without leave, shall have been recorded upon the books of the said court, and signed by the directors, or the major part of them present at a court held after such absence, he shall become disqualified to be and shall ipso facto cease to be a director; and that in case any director shall die, or shall so resign, become disqualified, or be removed as aforesaid, an election of another person in the room of each director so dying, resigning, becoming disqualified, or being removed, shall take place ac- cording to the provision hereinafter contained ; provided nevertheless, that until the disqua- lification of any director shall have been communicated to and recorded by a court of directors, every act and proceeding to which such disqualified director shall have been a party, shall be as binding and effectual as if no such disqualification had taken place; and that, notwithstanding any vacancy in the number of directors, by the death, resignation, or disqualification of any director or directors, or otherwise, the business of the company shall continue to be carried on by the other directors, until such vacancy shall be supplied, and as effectually as if no such vacancy had taken place. 23. And we do further declare, that on the displacement, death, refusal to act, incapacity Vacancies to be of acting, disqualification, resignation, or removal of any director, and as often as the same filled up. shall happen, the court of directors (if it should think fit) shall, within 30 days, call a special general meeting of the proprietors of the company, in manner hereinafter provided, for the purpose of collecting and appointing a new director in the place or stead of an\'' director so displaced, dying, refusing to act, becoming incapable of acting, being disqua- lified, resigning, or being removed ; and that every director to be elected in the place of a director who shall be displaced, die, refuse to act, become incapable of acting, be disqua- lified, resign, or be removed, shall be and be considered as, and only as, the substitute of. the director in whose place he shall be elected, and shall continue in office so long only as the person in whose place he shall have been substituted might have continued in office as a director. 24. And we do hereby further declare, that it shall be lawful for the said directors for the time being, from time to time to associate with them any number of persons of their own nomination, qualified by holding one or more shares in thecapitalof the said company, who shall be styled honorary directors of the said company, with a view of promoting and enlarging the objects of the said company by their influence and connexion, but who shall have no right to any management, direction, or control in or over the business and concerns of the said company, or the capital stock and effects thereof, further or other than as proprietors of the said company they would have independently of such their appoint- ment as honorary directors. 25. And we do further declare, that there shall be three auditors of the accounts of the To be three au- company, and that tlie business of the present and future auditors for tlie lime being shall ditors. be to inspect and examine, and check the receipts, papers and vouchers of ihe company, and to sign an account, showing the summary and result thereof, up to and inclusive of the 30lh day of September preceding each annual and general meeting, and to report the same at such annual general meeting of the proprietors, and that the same account shall set forth such special matters respecting the accounts of the company and its assets, as it may be proper to set forth therein, and that such auditors shall be independent of the directors, and shall have power to order such accounts to be made out, and in such mode as they shall require, so as to show theHtate and scope of the business and affairs of the said company. 25. And we do further declare, that no person shall be eligible to be an auditor, who Qualificatiori of shall have been a director during the whole or any part of the year preceding the appoint- auditors. ment of auditor, or who shall not be possessed, on the day of his election, of 20 shares at least, or of sucii other greater or less number of shares at the least in the capital of the company, as shall be from time to time determined by any bye-laws of the company to be a necessary qualification for the office of auditor. 26. And we do further declare, that the persons next hereinafter named, that is to sav, Prp^pnt nnri;.„v= snail be tlie nrst and present auditors Rotation. of the company under these presents, and that they shall continue in office until the several 0.21. (, times 10 APPENDIX TO REPOE.T FROM THE ,, No. 2. I R. Torrens, Esq. ; to Lord Godericb, 9 July 1832. Auditors may resign; how they become disqua- ified. General annual meetings. Special general meetings. Chairman at gene- ral meetings. Majority of votes. times hereinafter mentioned; that is to say, that at the annual general meeting to be held on the third Wednesday in May in the year 1837, or within 14 days afterwards, one of the said auditors, to be determined by lot or agreement amongst themselves, shall go out of office, and at the like annual general meeting in the year 1838, one other of the said audi- tors, to be determined as aforesaid, amongst the first auditors remaining in office, shall go out of office, and at the like annual general meeting in the year 1839 the remainmg one of the said three auditors shall go out of office, and that at each succeeding annual general meeting on the third Wednesday in May, or within 14 days afterwards in every year after the year 1839, the auditor for the time being, who shall have been an auditor for three years, or elected in the place of a person whose three years would have been thea complete if he had continued an auditor, shall go out of office, and at the same general meeting at which such auditor shall in manner aforesaid go out of office, there shall be aa election of a proprietor, qualified as aforesaid, to be an auditor for the three years then next ensuing, and that the auditor of any former year shall be eligible for any succeeding three years. 27. And we do further declare, that any auditor for the time being may at any time resign his office on giving to the secretary for the time being 10 days' previous notice in writing of his intention ; and that in case any auditor shall cease to hold such number of shares'in the capital of the company as aforesaid, or as shall by. any bye-laws thereof be made a requisite qualification for the office of auditor, he shall become disqualified to be and shall ipso facto cease to be an auditor ; and that in case any auditor shall so resign or become disqualified as aforesaid, an election of another person to fill the office in the room of each auditor so dying, resigning, or becoming disqualified, shall (if the court of directors for the time being should think fit) take place at a special general meeting to be summoned for that purpose ; provided, nevertheless, that until the disqualification of any auditor shall have been communicated to and recorded by a court of directors, every act and proceeding to which such disqualified auditor shall have been a party, shall be as binding and efFectud in every respect as if no disqualification had taken place. 28. And we do further declare, that on the third Wednesday which will be in the month of May in the year 1835, or within 14 days afterwards, and on the same day or time in every succeeding year, a general meeting of the proprietors of the said company shall be called by the directors for the time being, by advertisement, to be^inserted in the London Gazette at least 14 days and not more than 21 days previous to such meeting, and at least once in each of two daily newspapers, one being a morning and one an evening paper, printed and circulated in London or Westminster, at least 14 days, and not more than 21 days, before such meeting ; and that at such meetings, elections to supply the vacancies in the number of directors and auditors shall take place, and accounts of the business, property and effects of the said company shall be produced, and a general statement of the affairs of the company, and of the assets, debts, and credits thereof, shall be laid before the proprietors, and all other matters shall be transacted which may be necessary or the occasion may require; and that at every such general meeting of the proprietol-s there shall be presented an account and statement, to be made up to and including the 30th day of September preceding, of the amount of the property and assets of the said company, and of all the then existing debts, claims, contracts, engagements, and liabilities of the com- pany, and that such statement and account, when passed at a general meeting, shall be deemed and be taken to be accurate and correct, and shall, notwithstanding the subsequent discovery of any error or errors therein, be binding and conclusive on all persons whom- soever claiming any benefit under these presents. 29. And we further declare that a special general meeting of the proprietors of the com- pany may be called at any lime by the directors for the time being, or any four of them, if they should see occasion, and that a special general meeting shall be called by the directors for the time bemg, on a requisition in writing, signed by 12 or more proprietors, who shall each be the holder of lo or more shares ; provided that in every such case notice of such meeting, and if summoned upon requisition, then also the requisition for the same be signified by circular letter, copy whereof to be addressed to each proprietor at his place of address, as standing in the books of the society', and to be put into the post, not less than 14 nor more than 21 days before such meeting, or Cat the option of the court of directors) by aavertisement, to be inserted by the said directors in the London Gazette, not less than 14 nor more than 21 days previous to such meeting, and at least once in each of two daily newspapers (one being a morning and one an evening newspaper) printed and circulated in London or Westminster, at least 14 days and not more than 21 days, before such meeting, and within 14 days after the same requisition shall have been presented to the director* for the time being, or their secretary ; and that such requisition and notice, whether the same be signifaed by such circular letter as aforesaid, or by advertisement, shall state specifically ' the subject intended to be brought before such meeting. 30 And we do further declare, that a chairman shall from time to time be elected by the directors for the time being from amongst themselves under such regulations as they may deem proper, to preside at each meeting of the proprietors; and in case at any such meeting no chairman shall have been so appointed for such occasion, then it shall be law- ful for the members of the said company, or the major part of them, to appoint a persoa to preside at such meeting; and that the resolutions, determined by a majority of votes of the persons present and entitled to vote at such meetings respectively, exclusive of the chairman, shall bind the meetings, such majority to be determined hy a show of hands, or by ballot, or m such other manner as shall from time to time be provided by any bye- law of the company, or subject thereto, or in default thereof; by any regulation of the directors SELECT COMMITTEE ON SOUTH AUSTRALIA. 11 Vote when share vested iu more than one. directors of the said company, or (subject to every such bye-law and regulation or in No. 2. default thereof) as shall be determined by the chairman presiding at such meeting, and R. Torrens, Esq. . that the decision of such majority of votes shall be considered as the decision of such meet- to Lord Goderich, | ing, and shall be carried into effect accordingly, (unless in those instances in which the 9 J^^Y 1832. concurrence of some definite number or proportion ot the persons present, or of the votes they may be entitled to give, shall hereby, or by the bye-laws of the said com- pany be required to give to such resolution,) and that in case of an equality of votes the chairman for the time being shall have a casting vote. 31. And we do further declare, that any adjournment may be made from day to day of Meetings may ad any meeting of the proprietors, and that in case of such adjournment no business shall be journ. transacted at any such adjourned meeting other than and except such business as might have been transacted at the original meeting at which such adjournment shall have taken 1 place. 1 32. And we do further declare, that at every such meeting each proprietor for the time Qualification and being of the company who shall be the holder of 10 shares in the capital of the company, scale of votes. ( shall be entitled to one vote ; each proprietor who shall be the holder of 25 shares in the ! capital of the company, to two votes ; each proprietor who shall be the holder of 50 shares ! in the capital of the company, to three votes ; each proprietor who shall be the holder of JOG shares in the capital of the company, to four votes ; and each proprietor of more than 100 shares, to one additional vote for every 25 shares over and above the number of 100, of which he shall be the holder. 33. And we do further declare, that in case any share or shares shall have devolved to or become vested in, or shall hereafter be transferred or devolve to or become vested in, more than one person, any one of such persons, if he be the only one of them present, and if more than one be" present, then the person whose name shall stand first in the books of the said company in respect oF such share or shares, shall be entitled to vote in respect of such share or shares, and that no legatee or legatees, next of kin, or cestui or cestuique trust, shall be entitled to vote, or do any act or acts in respect of any share or shares to which he, she or they may be entitled in that character until such share or shares shall have been regularly transferred into his, her, or their name in manner hereinbefore men- tioned ; and that in the meantime the executor, administrator, trustee, or if there be more than one, then the person whose name shall stand first in the books of the said company in respect of such share or shares, shall be the person to vote and do all other acts in respect of such share or shares, and shall be taken and deemed by the said company to be the pro- prietor thereof. 34. And we do further declare, that no shareholder shall in any case vote by proxy : pro- No vote by proxy vided always, that any body or bodies, politic or corporate, may vote at such meeting by deputation under their common seal. 35. And we do further declaie, that at all general meetings the proprietors entitled to Powers of general ■vote shall have power, by the majority of the votes of those present, to call for, inspect, meetings, and examine these presents, or any exemplification thereof, and all rules, regulations, accounts, books, vouchers, memorandums, and documents relating thereto, or to the business thereof, and to call for any information or explanation from the directors, auditors, officers, and clerks of the company in respect of the said matters, or any of them, and that any general or special meeting of the proprietors shall, by their vote and resolution, have full power to give and allovy to the directors and auditors for the time being collectively, or to each or any of them individually, such remuneration, salary, or allowance for his or their time or trouble in attending or conducting the business of the company, and over and above or in addition to or without reference to the provision hereinbefore made for such remunera- tion, or by such meeting shall be deemed fit, and be decided by the majority of the votes of the proprietors present and entitled to vote and voting at such meeting, and also to allow and confirm the accounts of the company, so as to bind all the proprietors for the time being, and all persons claiming under them, and generally to consider and decide upon any business relating to the government and affairs of the said company. 36. And we do hereby further, for us, our heirs and successors, give full power to all and Power to make every the members of the said company qualified to vote as aforesaid, in a general or special bye-laws. meeting duly assembled, by the majority of the votes of those present and entitled to vote, to make and constitute any bye-laws, rules, and regulations for and relating to the govern- ment and affairs of the said company, so that such bye-laws, rules, and regulations be not repugnant to the laws and statutes of this our realm, nor to any of the provisions herein contained ; provided always, that such bye-laws, rules, and regulations be duly recorded in some public book or books to be kept in the office of the said company, so that the same may be at all reasonable times accessible to the members and officers of the said company. 37. And we do hereby further declare, that the said company may, in any general or Dividend, special meeting from time to time, when they judge their affairs will admit thereof, be at liberty to cause such a sum (if any) as shall be fixed by the directors for the time being to be divided and distributed amongst the members of the said company, according and in proportion to their respective shares in the capital or joint stock thereof. 38. And we do further declare, that the election of directors and auditors respectively Mode of conduct- shall be decided by a show 6f hands or by ballot, or in such other manner and under such ing elections, regulations as siiall from time to time be provided by any bye-law of the said corporation, or (subject thereto or in default thereof) by any regulation of the directors. 39. And we do further declare, that in case the sum already subscribed should be found Power to increase insufficient, in the opinion of the court of directors of the said company, to carry into full the capital. 0.21. 62 effect 12 APPENDIX TO REPORT FROM THE No. a. I. Torrens, Esq. Lord Goderich, 1 July 1832. Powers to the com- pan}' to raise a militia. Tlie Crown not to tax the colony. Free trade to the iniiabitaiits. Denization of all the inhaliitants. effect the beneficial purposes aforesaid, then and in such case it shall be lawful for the court of directors forthetime being, and they are hereby empowered and authorized, in their discre-r tion, with the concurrence of the proprietors present at two successive meetings, to be con- vened for that purpose, and with an interval of one calendar month at least, to increase the capital or joint stock of the company from time to time, to any extent not exceeding the additional sum of 125,000 /., either by issuing additional shares, in such manner, and on and subject to such terms, stipulations, conditions and regulations as the directors for the time beino-,with such concurrence as aforesaid, shall deem expedient; and that the proprietors for the time being, or such of them as shall so elect, and shall express such election by some memorandum in writing, signed by them at either of such meetings, shall have a preference in taking or becoming the proprietors of such additional shares as may be issued rateably and in the proportions in which, as between themselves and the other proprietors, they shall then be proprietors; and that all and every the person and persons subscribing for one or more of such shares, shall, at the call of the court of directors, pay a sum not exceeding 5j. on each share; and that the said persons shall pay the residue of their subscriptions by instalments from time to time, at the call of a court of directors, in each of the said cases, to be signified by not less than 30 days' notice, under the hand of the secretary for the time being, in the London Gazette, and in two daily newspapers, one being a morning and the other an evening paper ; provided that such call do not at any one time exceed the sum of 5I. upon and for each and every share, and so as there be an interval of three calendar months between any such call and the next call to be made by virtue of these presents ; and that all and every the person and persons subscribing for one or more of such shares shall;be a proprietor and proprietors of and in the capital of the said company, and shall have a like vote in respect of his, her, or their shares in the said additional sum so to be raised, and be liable to such obligations and forfeitures, and stand interested in all the profits and advan- tages of the said company, in proportion to the sum he or they shall subscribe to the said capital so extended, to all intents and purposes as if such further or other sum hereby allowed to be subscribed for or raised had been originally part of the capital of the said company, anything hereinbefore contained to the contrary notwithstanding. 40. And we do hereby give and grant to the said company and their successors, until the formation and meeting of such legislative assembly as hereinafter mentioned and directed to be formed, free and absolute power and authority from time to time, if and whensoever they shall think fit, by any instrument in writing under their common seal, to make, ordain, and establish Jaws, institutions, and ordinances, and to constitute courts and, officers, for the welfare, order, peace, and good government of the said province, and of our subjects and others within the same, and^the same laws, institutions, and ordinances, courts and officers, from time to time to revoke, alter, remove, and make void or add to, and to make, ordain, establish, and constitute others in like manner in their place and stead, as may from time to time be necessary, or the said company or their successors may think fit; and by any the like instrument in writing under the common seal of the said company, and subject to such con- ditions and restrictions as to them may seem meet, from time to time to delegate to any person or persons whomsoever to be thereby appointed, the power and authority aforesaid, and to revoke and renew such delegation and appointment at pleasure ; provided that such laws, institutions, and ordinances be not repugnant to the laws of England, nor to anything herein contained. 41 . And we do hereby further declare, that it shall be lawful for the said company and their successors (if they shall think fit) to raise a militia for the defence and protection of the said province, to consist of the whole or any part of the male adult inhabitants of the said province, under such regulations and to be commanded by such officers, and in such manner, as the said company or their successors shall think fit. 42. And we do hereby further declare and grant, for us, our heirs and successors, that we, our heirs, and successors, shall at no time hereafter set or make, or cause to be set or made, any imposition, custom, or other taxation, rate, or contribution whatsoever, in or upon the dwellers in or inhabitants of the aforesaid province, for their lands, tenements, goods, or chattels, within the said province, or for or upon any goods or merchandize within the said province, or to be laden or unladen within the ports or harbours of the said province ; and we do hereby grant unto all and every person and persons inhabiting or dwelling, or who shall inhabit or dwell within the said province, free licence to trade in any goods, mer- chandize, or commodities whatsoever, to or from our United Kingdom of Great Britain and Ireland, or to or from any other of our dominions, or to or from any foreign country or dominion being in amity with us, our heirs, and successors. 43. And we do hereby further declare, that the said province shall be of our allegiance, and that all and every the persons which shall happen to be born within the said province, and their children and posterity, shall have and enjoy all the liberties, franchises and. immu- nities of natural-born subjects within any of our dominions, to all intents and purposes as if they had been born within this our realm of Great Britain or any other of our dominions. 44. And we do hereby further declare, that as soon as the population of the said province shall be ascertained, by a census to be taken annually for that purpose, under the direction and authority of the said company, or of us, our heirs, and successors, to amount to the number of 50,000 souls, the male adult inhabitants of the said province, who shall have been domi- ciled therein during the term of not less than one year then next previous, shall be sum- moned by or under the authority of the said company, upon such notice, and at such time and place as to the said company shall seem fit; and at such meeting, or any adjournment thereof to be made by or under the authority of the said company, a legislative assembly, "to SELECT COMMITTEE ON SOUTH AUSTRALIA. 13 to consist of not less than 40 nor more than 80 persons, qualified by being proprietors of land within the said province, shall be chosen by the votes of the majority of the male adult inhabitants of the said province present at such meeting, and who shall have been domiciled therein during the term of not less than one year then next previous, such election to be made and such majority to be ascertained in such manner, and from and under such regulations as to the said company shall seem fit, provided that each person entitled to vote and voting at such meeting, shall have one vote in the election of each member of the said legislative assembly ; and snch assembly shall have power to frame a constitution for the government of the said province, and to make, constitute, ordain, enact, and establish all such laws, statutes, institutions, and ordinances, and to constitute such courts and officers as may be necessaiy, or as such legislative assembly may think meet for the welfare, peace, order and good government of the said province; and that the whole legislative authority of the said province shall from thenceforth be vested in the said legislative assembly so to be chosen, or in such person or persons, body or bodies, as such legislative assembly shall provide to exer- cise the same; and that the power hereinbefore given to the said company to make, ordain, and establish laws, institutions, and ordinances, and to constitute courts and officers for the welfare, peace, order and good government of the said province, shall thereupon cease and determine. Provided always, that the laws, institutions and ordinances, and the courts and offices which shall for the time being be established, constituted, and in force at the time of the said legislative assembly being summoned as aforesaid, shall remain and continue and be in force within the said colony until the same shall be repealed, revoked, removed or altered, or others repugnant to, or inconsistent with them, be provided or established by, or under or by virtue of the authority of the said legislative assembly, or the person or per- sons, or body or bodies, in whom the legislative authority of the said province shall for the time being be vested; and provided also, that from and after the assembling of such legislative assembly, the governor or supreme magistrate of the said province shall be from time to time nominated and appointed by us, our heirs and successors, and shall hold his office during our or their pleasure. And we do hereby further grant and declare, that no land whatsoever within the said province, of which no grant or sale shall previously have been made, shall at any time hereafter be granted, sold or disposed of, except in the manner and upon the terms here- inafter provided : and we declare that all the land in the said province (except only such as shall be selected for purchase by the said company, in manner hereinafter provided, in exercise of the right of selection or pre-emption hereinafter reserved to them) shall from time to time be put up for sale by public auction (under such regulations, as to the time and place, and mode of conducting such sales, as the said company or their successors, until the meeting of the said legislative assembly, and afterwards as the supreme local government of the said colony for the time being shall from time to time provide), to be sold to the highest bidder ; and that during the term of 18 calendar months from the date of these presents, all such land shall be put up for sale as aforesaid, at the price of 5s. per acre and not lower ; and that during the term of one year then next ensuing, all such land shall be put up at the price of 7s. 6d. per acre, and not lower ; and that from thence- forth all such land shall be put up for sale at such price or prices per acre, according to the quality thereof (not being less than js. 6d. per acre) as the said company or their succes- sors, until the meeting of the said legislative assembly, and afterwards as the supreme local government of the said province shall from time to time fix and appoint, and not lower ; and that no land within the limits of the said province, of which no grant or sale shall pre- viously have been made (except as aforesaid), shall be sold at a lower rate or rates of price than the price or prices, at which the same is hereinbefore directed to be put up for sale : provided always, that whensoever any person shall be desirous to purchase any particular lot or lots, or parcel or parcels of land, the same shall (upon request in writing, to be duly made by him for that purpose, to such person or persons as the said company, or the supreme local government of the said province, shall in manner aforesaid direct or appoint) be put up for sale in manner aforesaid, within two calendar months from such request, and if no higher price shall be then offered than the price at which the same land shall be put up, the per- son so having required the same to be put up shall be and be deemed the purchaser thereof, at the price at which the same shall have been put up. And we do further grant and declare, that no land within the said province shall be reserved or appropriated by us, our heirs or successors, for any purpose whatsoever, but that if we or they shall have occa- sion to appropriate any such land, we and they shall purchase and pay for the same in like manner as any of our subjects will be compelled to do under the provisions hereinbefore contained. / 45. And we do hereby declare, that the said company shall be entitled from time to time to select, in preference to any other person or persons, who shall not previously have pur- chased or duly required the same to be put up for sale in manner hereinbefore mentioned, any lot or lots, or tract or tracts of land within the said province, to the amount of 500,000 acres in the whole, which shall be paid for by the said company at the rate of 5s. per acre, by five equal instalments, of 25,000 Z. each, to be paid or carried to the account of the emi- gration fund hereinafter mentioned, on or before the day of in each and every year during the term of five years, to be computed from the expiration of one whole year from the date of these presents. Provided always, that the said company shall not be obliged to make their selection of the whole of the said 500,000 acres within the said five years, but shall be allowed an indefinite time from the date of these presents to make such selection : and provided also, that until 0.21. b 3 the No. 2. R. Torrens, Esq. to Lord Goderich, 9 July 18^2. Existing laws to be in force until repealed. The governor to be thenceforth ap- pointed by the Crown. Land to be sold at a certain rate only. 14 APPENDIX TO REPORT FROM THE No. 2. the expiration of six calendar months next after the arrival at any part of the said province H. Torrens, Esq. of the first ship or vessel which shall proceed thither under the authority of the said corn- to Lord Goderich, pany, the said company shall have an absolute preference or right of pre-emption, in select- 9 Jiily 1832. ing the said 500,000 acres of land, or any part thereof, over any other person or persons, . and that no person or persons shall, until the expiration of such three months, acquire or purchase any land vpithin the said province, so as to divest the company of such their right of selection or pre-emption, but that the same may nevertheless be exercised within the period aforesaid, to the exclusion of such last-mentioned person or persons; provided also, that nothing herein contained shall prevent the said company from purchasing or acquiring any otiier land within the said province over and above or distinct from the said 500,000 acres, in the same manner as any individual may purchase or acquire the same; and pro- vided also, and we do hereby declare, that it shall not be lawful for the said company to sell or dispose of the whole or any part of the land so to be purchased by them under the right of pre-emption hereinbefore reserved to them, at any lower rate or rates of price than the rate or rates which, under the regulations hereinbefore provided, shall for the time being be the limit or limits, below which no original sale or sales of land is or are to be made within the said province. And we do further declare, that upon every original sale of land within the said province, there shall be reserved a perpetual land-tax of 6d. per acre, to be paid annually to the said company, or their successors, until i'2 months after the meeting of the said legislative assembly as hereinbefore provided, and afterwards to be paid annually to the local govern- ment of the said province for the time being, and that if such land-tax, or any part thereof, shall be in arrear and unpaid for the space of three calendar, months, after any of the days and times whereon the same shall be due and payable as herein provided, then it shall be lawful for the said company, or the local government of the said province for the time being, to levy the mone}' so due, and all costs, charges, and expenses occasioned by the non-payment thereof, and attending the levying of the same by distress, upon the lands in respect of which such land-tax shall be due, or any part thereof, or other- wise to proceed against and recover the same monies, costs, charges, and expenses from the person or persons who ought to pay the same, their heirs, executors, or administrators, as a specialty debt. And we do hereby declare, that the money which shall arise in respect of the said land- tax, from henceforth until the expiration of 12 months after the meeting of the said legis- lative assembly, shall (after deducting thereout the expenses of management) be applied in aid of the public expenses of the said province. And we do hereby further declare, that all the money which shall henceforth, until the meeting of the legislative assembly hereinbefore provided to be summoned, arise from the original sales of land within the said province, including the price of the said 500,000 acres so 10 be paid for by the said company as aforesaid, shall form a fund, to be called The South Australian Emigration Fund, and which shall be vested in and placed under the manage- ment of the said company and their successors, and which fund we do hereby declare it shall be lawful for the said company to augment or maintain, by carrying thereto all such other monies as may be received by the said company, and as may be lawfully applicable to the purposes of the said fund; and we do hereby declare, that the whole of the said South Australian Emigration Fund, after deducting thereout the expenses attending the management thereof as hereinafter mentioned, shall be employed under the direction and authority of the said com- pany, in conveying and transporting to the said province such poor persons as shall be selected by or under the direction of the said company, or their successors, from amongst the inhabitants or natives of or persons dwelling or abiding in any part of our United King- dom of Great ±Sritain and Ireland (such persons to be selected in such manner that the population of the said colony shall consist, as near as conveniently may be, of equal num- bers of males and females), which persons shall be settled or located upon the land within the said province, or otherwise disposed of or provided for therein, in such manner as shall from time to time be provided by the laws, institutions, and ordinances of the said province, and the bye-laws and regulations of the said company. And we do hereby further declare, that the said South Australian Emigration Fund shall bear and pay all the expenses attending the collection, management, and dispositions thereof, both m England and South Australia, including the expense of attending the sales of the land from which the same shall have arisen, and of all requisite surveys, and also the salaries and expenses of all clerks, surveyors, and other persons who may be employed in regard to keeping the accounts of the said fund, correspondence, providing shipping and accommoda- tion tor emigrants, and settling them upon their arrival in the province, or otherwise in relation to the collection, management, and disposition of the said fund; and that, in addi- tion to all such charges and expenses, the sum of 2,oool. shall be annually deducted from the said fund, and allowed to the directors of the said company, as a compensation for the labour, time and trouble in managing the same; and that accaunts of such charges and expenses, and of the sum deducted and allowed for management as aforesaid, shall be annually made out^and delivered by the directors of the said company to our Principal becretary of State lor the time being, for the management of the colonies, or to such other peison, and in such manner, as we, our heirs or successors, may from time to time order and direct ; provided always, that in case the sum of 2,oooZ. hereinbefore directed to be deducted ind allowed for compensation as aforesaid, shall in any one year amountto more than ^l per a sum equal to and allowed in And cent, upon the aggregate amount of the emigration fund for that year, then 5/. per cent., and no more, upon such emigration fund, shall be deducted lieu thereof. ° ' . SELECT COMMITTEE ON SOUTH AUSTRALIA. 15 And we do hereby further declare, that it shall and may be lawful to and for the said -company to advance and lend money to any person or persons dwelling or inhabiting within the said province, for the purpose of enabling him or them to settle upon, or cultivate and improve the lands thereof, and to take and accept from such person or persons respectively such security for the repayment of principal money so to be advanced, and with such interest thereon as the said company or their successors shall think fit, and such person or persons may be willing to pay. And we do hereby further declare, that all the expenses to be incurred in establishing and maintaining the public welfare, peace, order, and good government of the said pro- vince shall (until the expiration of 12 months after the meeting of a legislative assembly for the government thereof, as hereinbefore provided) be defrayed in the first place with and out of the monies to be annually raised in respect of the land-tax hereinbefore provided to be levied within the said province ; and if the same shall be found insufficient for such pur- poses, the deficiency shall be advanced by the said company by way of loan, to be repaid, with interest, as hereinafter mentioned : provided always, that until the population of the said province shall amount to 5,000 souls, the money so to be advanced by the said com- pany in any one year shall not exceed, together with the said amount of the land-tax for that year, the sum of 5,000 Z.; and that after the population of the said province shall ex- ceed 5,000 souls, the money to be advanced by the said company in any one year shall not exceed, together with the amount of the said land-tax for the current year, the said sum of 5,oooZ., together with an additional i,oooZ. for every additional 1,000 souls of which the population of the said province shall for the time being consist over and above the said number of 5,000 souls, and shall not in any one year, together with the said land-tax for such year, exceed the sum of 10,000 1. : and provided also, that the said company shall not be liable to advance a larger sum in the whole for the purposes aforesaid than 50,000 Z, : provided always, that it shall be lawful for the said company, if they shall think fit, to advance, by way of loan, for the purposes aforesaid, any further sum or sums over and above the annual or total amount which they are hereinbefore made liable to advance, and that such last-mentioned sum or sums, with interest, shall be repaid to them in like manner and as hereinafter provided. And we do hereby further declare, that interest, at the rate of 5 I. per cent, per annum, shall be paid to the said company and their successors for all the monies so to be advanced by them by way of loan as aforesaid, such interest to be computed from the respective times of such advances being made, and to be paid either out of the monies to be raised in respect of the said land-tax, or out of some further advance or advances to be made by the said company in the manner and within the limits aforesaid : and further, that the legislative assembly to be summoned as hereinbefore provided, shall be bound in the first place to make proper and sufficient provision for the payment to the said company, out of the revenues of the said province, of the monies which they shall have advanced by way of loan for the purposes aforesaid, with such interest as aforesaid. And we do hereby declare, that if, by the means aforesaid or otherwise, the said company or their successors shall not, within 10 years from the meeting of the said legislative assembly, be repaid all the monies which they shall have so advanced by way of loan as aforesaid, with such interest as aforesaid, then it shall be lawful for the said company from time to time, and at any time or times thereafter, to select from within the limits of the said province so much land as at the rate of 5 s. per acre shall be equal in value in the whole to the amount of the principal and interest monies which at the end of the said 10 years shall remain unpaid. And we do hereby further declare and ordain, that if at the expiration of four years from the date of these presents, the population of the said province shall be ascertained, by a census to be taken for that purpose, by and under the direction of us, our heirs and suc- cessors, or of the said company, to amount to a less number than 2,000 souls, or if such population, having been ascertained as aforesaid to amount at the expiration of such four years to not less than 2,000 souls, shall nevertheless be ascertained in like manner, at the end of the further term of two years, to be less than such 2,000 souls, or ifj at the expira- tion of nine years from the date of these presents, the population of the said province shall be ascertained in manner aforesaid to be less than 5,000 souls, or if such population, having been ascertained as aforesaid to amount, at the end of such nine years, to not less than 5,000 souls, the same shall nevertheless be ascertained in like manner, at the end of the further term of two years, to be less than such 5J00O souls, then and in that case these presents, and all the powers and provisions herein contained, so far as they relate to or concern the erection of the territory aforesaid into a distinct province, and the government and regulation thereof, shall cease, and determine, and be absolutely void to all intents and purposes ; but so nevertheless that in all other respects, and particularly so far as regards the said company and the constitution, regulation and management, powers, privileges and authorities thereof, these presents shall in all other respects remain in full force and virtue. And we do, for us, our heirs and successors, grant and declare that these our letters-patent, or the enrolment thereof, shall be and by all things valid and effectual in the law, according to the true intent and meaning of the same, and shall be taken, construed and adjudged, in the most favourable and beneficial sense, for the best advantage of the inhabitants of and dwellers in the said province of South Australia and the said corporation, as well in our courts of record as elsewhere, notwithstanding any non-recital, defect, uncertainty, or imperfection in these our letters-patent; and our will and pleasure is, that these presents to the province and company aforesaid under the seal of England shall be in due manner made 0,21. 64 and The company may lend money to settlers. Legislative Assem- bly to provide for the repayment of the company's loans. ]6 APPENDIX TO REPORT FROM THE No. a. R. Torrens, Esq. to Lord Goderich, 9 July 183:2. and sealed, without fine or fee, great or small, to us in our hanaper or elsewhere to our use therefore, or any ways to be rendered, paid or made. And we do hereby, for us our heirs and successors, covenant, grant and agree to and with the inhabitants of and dwellers in the said province ; and also with the said company and their successors, that we our heirs and successors shall and will from time to time, and at all times hereafter, upon the humble suit of the present or future dwellers in and inha- bitants of the said province, or of the said company, or their successors, give and grant unto them all such further and other powers, privileges, matters and things which we or they can or may lawfully grant or receive, and as shall be reasonably advised and devised by their respective counsel learned in the law for the time being, and shall be approved by our Attorney or Solicitor-general on our behalf. In witness whereof we have caused our letters to be made patent. Witness ourself at Westminster the day of in the year of our reign. — No. 3.— No. 3. E. W. Hay, Esq. to R. Torrens, Esq. 17 July iBsa. Copy of a LETTER from R. W. Hay, Esq. to R. Torrens, Esq.', Sir, Downing-street, 17 July 1832. I AM directed by Viscount Goderich to acknowledge the receipt of your letter, dated the 9th instant, enclosing the draft of a charter for the incorporation of the South Australian Land Company, and to acquaint you, for the information of the gentlemen constituting the provisional committee, that his Lordship has bestowed the most careful attention upon the various provisions of the instrument. As the transmission of the proposed charter affords the first occasion which had presented itself during the discussions on this subject, for taking a clear and comprehensive view of the plan of the company in all its bearings. Lord Goderich has entered upon the inquiry with a full conviction that nothing which has hitherto occurred can be supposed by the parties more immediately concerned to preclude his Majesty's Government from the exer- cise of their free and unfettered discretion on the gefleral principles and the particular details of the scheme. Whatever deliberations may have intervened between the original suggestion of the measure and the delivery at this office of the draft of the charter, they have all taken place upon the assumption that the proposal, when drawn out into its ultimate form, would be found compatible with those fundamental principles to which it is the duty of the Kind's Government to adhere in every grant which they may advise his Majesty to pass under the, Great Seal; and it is of course obvious, that the condition must at all times have been distinctly understood. On examining tlie draft which you have transmitted, Lord Goderich finds that in many important particulars it goes far beyond the proposition as he originally understood it to have been conceived ; that it would virtually transfer to this company the sovereignty of a vast unexplored territory, equal in extent to one of the most considerable kingdoms in Europe; that it would encroach upon the limits of the existing colonies of New South Wales and Western Australia; that it is proposed to throw open the settlement to foreigners, as well as to British subjects, in such a manner as at once to place them upon a complete equality ; that the objects of the corporation are defined with such latitude of expression as to exclude no conceivable employment of their capital ; that the actual investment of that capital, or any part of it, is not necessarily to precede the issuing of the charter ; that the charter would invest the company with the power of legislation, and would even enable them to delegate to others the exercise of that trust, without taking the very least security he rigiit that they f u • • f , " o- — "' "'"•• they would exclude the Kina; irom the exercise of that power of imposing duties of customs which Parliament has entrusted to him, throughout the eastern colonies ; that a freedom of trade is claimed, to which the i\avigation and Irade Acts, as they now stand, are opposed ; that all the powers of the company, extensive as they are, and involving in their practical effects the sovereign ciominion of the whole territory, are ultimately to be transferred to a popular assembTy, which would be to erect within the British monarchy a government purely republican ; and ^m nf^'T^f"^.'''"?''^ ^^ '^^ receivers of large sums of public money, for the due appli- cation of which ihey do not propose to give any specific security. T.r.1 r "P-^?^V"°t°"^^* ^^ ^^^^^^ *° ^^^ Pl"° proposed in this draft; but, for the present, . W tn 1??? '/'■' '° u"'"' "P°," ^"y discussion of them. His Lordship deems it suffi- if ThP v.^l. "^T . °"' '^°f n ^^'"^ ^ ^''^^ ^'••^^'^y '■^f^"-^'^' ^°d directs me to say, that ihemJt n^ '^^P^'-*'"^"!^ «f Government which must be consulted should concur in a rh», wh !h -r ^^' such extensive consequences, as would follow from the adoption of lanc.^nnfP. P'oposed, they could not legally carry it into effect without the express ^n rlf"°'" • • ^,"* ^? Majesty's Government could not recommend to Parlia- ment a measure so entirely subversive, in one part of his Majesty's dominions, of those s which, for the common benefit of all his subjects, it is his Majesty's Royal prerogative duly to maintain. I am, &c. (signed) R. W. Hay.. SELECT COMMITTEE ON SOUTH AUSTRALIA. 17 —No. 4.— Copy of a LETTER from R. Torrens, Esq. to Lord Godench. No. 4. R. Torrens, Esq. South Australian Land Company's Office, *° ^"["^ Goderich, My Lord, 8, Regent-street, 19 J uly 1 832. '9 -""^y '^3"- I HAVE the honour to acknowledge the receipt of Mr. Hay's letter of the 17th instant, in which your Lordship is pleased to communicate some observations on the draft of a charter for colonizing a portion of South Australia, submitted to your Lordship by my letter of the 9th instant. I am requested, in reply, to express to your Lordship the acknowledgments of the provi- sional committee for the attentive consideration which your Lordship has been pleased to give to the charter as proposed by the committee ; and, at the same time, to explain that that paper was laid before your Lordship, not as a claim upon his Majesty's Government, as your Lordship appears to apprehend, but as the most convenient form in which the various branches of the subject could be proposed for consideration and discussion, and in framing the clauses of the charter it was intended that your Lordship's sentiments on the question, as more particularly understood by the deputation which had the honour to attend your Lordship on the 25th ultimo, should be embodied. In this last respect, the committee regret to find that they have laboured under some misapprehension, and that in the extension which they have given to the powers of the proposed company, they have extended their views beyond the limits which would be approved by your Lordship, and which constitutes your Lordship's first objection to the charter as drawn. ' In reply to this objection, and in anticipation of other parts of Mr. Hay's letter, the committee submit, generally, that they are willing and desirous to modify the charjer in such manner as your Lordship may deem expedient and proper ; reserving only the prin- ciples of submitting all grants of land to a sale, the application of the proceeds of sale to the furtherance of emigration, and the eventual privilege of a legislative assembly. On the first and second of these points, namely, the sale of the land and the appli- cation of the proceeds of sale, the committee is unapprized of any objection on the part of your Lordship; and, on the contrary, presume upon your Lordship's concurrence and approbation. On the third and last point, the eventual institution of a legislative assembly, the committee has" presumed, from the tenor of your Lordship's repeated conversations, that your Lordship fully approved the principle of eventually admitting the colony to that privilege, resting the difficulty upon the term or criterion only at or by which the calling of the assembly should be determined. Your Lordship next observes, that the charter would eventually transfer to the proposed company the sovereignty of a vast unexplored territory. The committee submit, in reply, that this amplitude has been given to the language of the draft under the conception that your Lordship did not wish to connect his Majesty's Government in any manner with the execution of the project in its earlier stages, nor until the colony should be mature for a legislative assembl}'. The proposal for the powers to be granted to the company has arisen entirely out of the presumed necessity of the case, and not from a desire to raise up such an authority; and in order to meet that case of supposed necessity, and only for that purpose, the committee now presume that the society of the proposed colony should be under the management and direction of the company until the population should amount to souls, and no longer ; and that when the population shall amount to that number, the governor and judges of the supreme court shall be appointed by his Majesty's Government, the other officers to be appointed by the company until the population shall have attained Souls, after which the plan for the government of the colony to be settled by his Majesty in council ; regard being had to the eventual constitution of a legislative assembly, which might be made contingent further upon the previous institution of a legislative assembly in one other of the colonies of Australia; or, should these suggestions not meet the case to the satisfaction of your Lordship, the committee would respectfully request of your Lordship to suggest such a plan as your Lordship might approve for the management of the settlement. Your Lordship next observes, that the proposed colony " would encroach upon the limits of the existing colonies of New South Wales and Western Australia." In reply to this objection, the committee submit to your Lordship, that the right of defining the boundaries of the above-mentioned colonies being vested in his Majesty, it is competent to him to alter or vary them at his pleasure; and that the territory over which the jurisdiction of the new colony is proposed to extend, being in point of fact unoccupied, and not likel}'^ for a long period of time to become practically subject to the authority of the governments of either of the present colonies, there can be no reasonable ground of objection to its 0.31. c being i8 APPENDIX TO REPORT FROM THE No. 4. being withdrawn from their jurisdiction, if it should appear to be already comprehended, R, Torrens, Esq. either wholly or in part within them. to Lord Goderich, , ,.,.. ,-,■,■,■ ^ r 1 , ■ r. ag July 1832. With regard to the introduction of foreigners, which is the subject ot the observation of , . your Lordship, next in order, the committee conceive that many advantages might arise from the encouragement of the cultivation of the vine, the olive, and other branches of industry, under the Sanction of the clause proposed for that and other purposes connected, with the supply of foreign labourers ; but upon this point the committee submit themselves entirely to your Lordship's judgment, remarking only, that the sales of land must be pro- moted by this privilege, and that the produce of the sale of all land within the proposed colony would be applicable exclusively to the conveyance of British settlers. Your Lordship then remarks upon the latitude of expression used in the draft, as regards the objects of the proposed company, in the employment of its capital, and that the actual investment of the capital, or any part of it, is not necessarily to precede the issuing of the charter. On the first of these points the committee is not aware of any advantage to be. obtained, or any evil to be prevented, by any limitation of the powers of the proposed company in the employment of its capital ; but any limitation that to your Lordship might appear to be desirable or proper, in this respect, the committee can have no difficulty in anticipating their readiness to adopt. On the second of these points, it is not asked of your Lordship that the grant of the charter should be made until a portion of the capital shall have been raised, although it is essential to the object of getting the capital sub- scribed, that the committee should be at liberty to state on a prospectus that his Majesty's Government would grant a charter on terms to be generally stated ; and then, with regard to the actual investment of the capital in the objects of the promoters of the plan, the committee submit that the continuance of the charter being made contingent on the success of the undertaking, the most effectual security is afforded for the due application of the capital. The proposal to appoint a militia which, excepting the points previously rioticed, is the next subject of remark by your Lordship, appears to the committee to be'necessary to the protection of the settlers; but upon this point also the committee submit themselves to the consideration and pleasure of your Lordship. With regard to the freedom of trade, the committee is informed that a dispensation froin duties of customs has been granted in behalf of the colony of Western Australia, for the term of 15 years, — a modification of the provision of the charter, in that respect, ■which would be satisfactory to the committee ; the freedom of trade to be further restricted by the Navigation and Trade Acts. The receipt, by the company, of the land-tax, and of the produce of the sale of land, was, in like manner with several other of the proposed provisions, understood to be in conformity with your Lordship's sentiments ; but any modification of the draft of the charter which your Lordship might prefer in this respect, the committee cannot doubt would either at once be acceptable to them, or that they would be rendered so upon the explanation which the subject might require. Such other objections as may occur to your Lordship, the committee would be happy to have an opportunity of considering, feeling assured that they should be able to remove the difficulties which your Lordship might suggest. I am particularly requested by the committee to repeat^ in conclusion, that the draft of the charter was prepared and laid before your Lordship, under the persuasion that that was the form in which the subject would be presented to your Lordship in the clearest and most defined terms, and under the best arrangement ; and that the committee learn with pleasure that your Lordship approves of iheir adoption of that course of proceeding; and to add, that having fully considered your Lordship's observations, they do not anticipate any difficulties or difference of sentiment, but such as must readily yield to the oppor- tunities afforded by your Lordship of understanding the manner in which thei details of the question present themselves to your Lordship's reflection. I have, &c. (signed) RoheH Torrens. SELECT COMMITTEE ON SOUTH AUSTRALIA. 19 — No. 5.— Copy of a LETTER from R. W. Hay, Esq. to R. Torrens, Esq. Sir, Downing-street, 6 August 1832. No. 5. I AM directed by Viscount Goderich to acknowledge the receipt of your letter of the R. W. Hay, Esq. igth ultimo, in explanation of the views which are at present entertained by the provisional to R. Torrens, Esq., committee of the projected South Australian L^nd Company respecting the settlement of a " August 1832. new colony on the southern shores of New Holland. *"" ' Lord Goderich always thought, and indeed originally pointed out, that the course which was ultimately adopted of exhibiting the views of the projectors of this scheme in full detail in the form of a charter of incorporation would ]oe the most convenient which could be pursued. It has not only placed him in full possession of every part of the design, but probably has had the effect of drawing the attention of the members of the committee much more closely to the subject in all its details than might otherwise have been practicable. With every sentiment of due respect towards them, his Lordship cannot but be deeply impressed ■with the conviction that their own opinions must be unsettled, and that the grounds of the whole measure must have been very imperfectly explored. In my letter of the 17th ultimo, I scarcely advanced beyond a recapitulation of a few of the more prominent, pro- visions of the intended charter, adding little either in the form of new information, or of argument, to justify the objections entertained to them. Lord Goderich is not indeed surprised that the force of those objections should be immediately felt and admitted ; but the very readiness with which the objectionable parts have been abandoned, contrasted ■with their prominent appearance in the plan as fundamental principles, unavoidably induces in the mind of the Secretary of State a serious misgiving as to the maturity of their know- ledge and counsels on the very important subject which they have submitted to his con- sideration. Lord Goderich does not deem it convenient or compatible with his duty to originate a,ny scheme in substitution for that which must now be considered as virtually abandoned, for it does not appear to his Lordship that the views entertained by the proposed company are so precise and determinate as to lead him to apprehend that any advantage vrill arise from continuing the correspondence on this subject, which has for some time been going on. I am, &c. (signed) R. W. Hay. — No. 6.— Copy of a LETTER from W. W. Whitmore, Esq. m.p. to the Right Honourable E. G. Stanley. Dorset-street, Manches,ter-square, j^^j g My dear Sir, 6 July 1833. W.W^Whitoore, I ENCLOSE you a project for foundmg a new colony on the southerri shore of Australia, Esq. ^.p. jq Right which, should 'it meet with the approbation of his Majesty's Ministers, would, as I am Hon. E, G.Stanley, informed, be likely to be carried into effect by the capital required being raised in this 6 July 1833. country. I shall feel very much obliged by your informing me, as soon as you can con- ___^_ veniently, how far the scheme meets with your approbation. I am, &c. (signed) W. W. Whitmore. New Colony in South Australia. The object proposed is to found a colony on the southern coast of Australia, by means of the purchase of waste land from the Government by a joint stock company and by private individuals. This principle of the sale of land has been adopted for the purpose of procuring the means of conveying to the colony the unemployed population of the United Kingdom, as well as with a view of preventing those evils which in other colonies have resulted from the dis- persion of the colonists ; while the mode of applying the money arising therefrom will supply that want of labour which is the chief impediment to the progress of new countries. In order to obviate the objection which might arise from the apprehension of expense being occasioned to the Home Government, it is proposed that the cost of the formation and government of the colony should be advanced by the company as hereinafter mentioned. The following is a statement of the principles upon which it is deemed expedient that the colony should be founded,, and with a view to maintain them inviolate for a certain period of time, it is proposed that they should be embodied in a charter to be granted to the colony by the Crown. 1. The territory of the colony to be defined, and to extend over a space sufficiently large to prevent any alteration in the value of land by the adoption of any other system of dis- posing of land in its vicinity. The extent of land which it is thought desirable to fix as the territory of the colony, is that lying between the 130th and 140th degrees of west longitude, both inclusive, on the southern coast of Australia, including the islands on that line of coast. The object of such 0.21. c 2 an 20 APPENDIX TO REPORT FROM THE No. 6. an extent of territory being required is, as above stated, tlie prevention of any other system W.W.Whitmore, of disposing of waste land in the vicinity being adopted, for, it land should ever again be Esq. M.p. to Right given awav (as heretofore in the colonies) in the neighbourhood of the estates ot the com- Hon.E. G.Stanley, ° ^^^ of individuals, the value of these would fall, and the supply of labour would be 6 July 1833- rendered unequal to the cultivation of the appropriated land. 3. The sale of all land in the colony at or above a fixed minimum price. This regulation will ensure the concentration of the settlers in proportion to the price at which the land is sold, and being adopted by his Majesty's Government in relation to the colonies already established in Australia, needs here no comment. 3. The employment of the proceeds of such sales in the conveyance to the colony of young pauper labourers of both sexes in equal numbers. The selection of the emigrants to be made by the directors of the company, so long as the company shall continue to advance money to defray the expenses of the government of the colony, careful regard being had to the age of the emigrants, who generally should not iexceed years. 4. The minimum price of Government land to be advanced from time to time as the circumstances of the colony may admit. It is proposed that the first minimum price should be 5s. per acre; the necessity of such a regulation as this is therefore apparent. Five shillings an acre will give 100^. as the price of 400 acres; this sum would convey to the colon;^ six persons, three men and three women ; the labour of three men is however obviously insufficient for the cultivation of 400 acres of land, and the advantages which are expected to arise from this plan cannot be realized in any great degree until the price shall be so raised as that the purchase-money of the 400 acres shall suffice for the passage of as many labourers as are required to cultivate it effectively. The precise sum which it would be expedient to demand as the minimum price of land, must be left to experience to determine, but as artificers of various kinds must be provided for the colony as well as mere farm labourers, it is evident that a considerable increase in the minimum price would be desirable. The reasons for the low price fixed upon as the minimum price at first are, the fact of that being the price of land in the other Australian colonies, and the necessity of offering some premium to the persons who undergo ihe hardships and incur the risks of the first settlement, and to give to the company a sufficient inducement to undertake the expense of founding the colony. 5. A land-tax, or a tax upon rent, to be levied from the commencement of the colony, for the purpose of raising a fund in aid of the expenses of the colony. In those colonies, the population of which is scattered over a vast extent of territory, in. proportion to the people, and in which the regulations attending the disposal of waste land have not been found difficult to collect a land-tax or quit-rent; but as, in the proposed colony, the population will be more condensed than in the other Australian colonies, it is presumed the difficulty and expense of collection will not be an insurmountable barrier to the imposition of this tax, while the advantages of direct taxation appear to be such as to justify the trial. It appears necessary that a charter, embodying the following provisions, should also be granted to the company, together with the usual clauses limiting the responsibility of share- holders, &c. 6. The company to have the pre-emption of 1,000,000 of acres, to be selected within a given time, at the first minimum price. The inducement to the company to found the colony is this right of pre-emption at the first minimum price. Having the first choice of land they will be enabled to select that upon which the seat of government will be placed, and that which will form the sites of ihe principal towns, as well as any spots which, either from locality or fertility, may possess, a peculiar value. The profit of the company will arise from the additional value which the increase of population and the growth of capital always confer upon land, and from the increase in the minimum price at which the Government land will be sold, while the price paid by the company for their land will be uniform at whatever period it may be taken up. The operations of the company in selling land will be wholly distinct from those of the Government, and will be confined to their 1,000,000 acres. On this land they will perform such works as they may deem expedient, with a view to attract population thereto and to increase its value, while the Government will sell in an entirely unimproved state the land not purchased by the company to any individuals who may be desirous of purchasing it. 7. The company to advance from time to time, as may be required for the government of the colony, such advances, not to exceed 5,000 Z. for the first three years, and 7,500/.. for any subsequent year, and not amounting in all to more than ioo,oooZ., the whole to be considered a coloiiial debt, to be repaid at such times and in such amounts as may be agreed upon, and, in default of such repayment, the company to be entitled to the further choice of land at the minimum price of 54. per acre, to an extent equal in value to the amount of such default. It SELECT COMMITTEE ON SOUTH AUSTRALIA. 21 Itis proposed that the subscribed capital of the company shall be 500,000/., to be divided No. 6. into shares of 50/. each, one-half of the subscribed capital of the company to be employed W. W. Whitmore, in the purchase of land in the colony from the Government, and the remaining half to be Esq. m. p. to Right reserved as a fund for the purposes of carrying on the government, and for the construction ^o"- E. O. Stanley of roads, bridges, wharves, &c., and the foundation of a town or towns, so far as these latter ^"'y 1833. objects shall be deemed desirable by the company. 8. The governor and all the officers of the colony to be appointed by the Crown. It appears highly desirable that the whole power and responsibility of the Government should devolve upon the governor until the colony shall be thought sufficiently advanced to receive the grant of a Legislative Assembly. — No. 7.— Copy of a LETTER from the Right Hon. E. G. Stanley to W. W. Whitmore, Esq. m. p. Right HomE. G. My dear Sir, Downing-street, 22 August 1833. whUmore^sq T.p 1 HAVE examined the project which you sent to me some time since for the formation of gg Auaust'iSs^. a colony on the southern coast of Australia, and I now transmit to you a memorandum ' of the conditions upon which I am ready to treat with the |)roposed company. Memo Yours, &c. Annexed, (signed) E. G. Stanley. Memokandbm. Downing-street, 22 August 1833. I SEE no objection to selling to a company a large tract of land at a minimum price of 5«. per acre, and agreeing that within certain extended limits, no land shall be sold by the Government below that price, reserving to the Government the power of selling any amount at or above that price per acre. The company, however, must be bound to purchase the whole of their land, whether they settle it or not, by fixed instalments, within a limited period. The whole of the purchase-money to be expended in sending out emigrants, but a corresponding sum to be also paid over each year, to be laid out in the expenses of the civil government, or in carrying out an additional number of emigrants; the latter application not to be made with- out the consent of the company. The proposal of a land-tax appears quite inadmissible as a mode of raising revenue; at all events, if it be adopted, it must be at the risk of the company, and they must be respon- sible to Government for a fixed annual income. The advances made by the company for the civil government of the colony to be a debt on the colony; the repayment to commence when the whole advances shall have been made, or sooner if practicable, not to exceed per cent, per annum on the whole sum advanced. In default of other payment, may be repaid in land, at a price not less than 5 s. per acre, nor below the average selling price by more than one-fifth. Adequate provision to be made out of the produce of all lands, whether sold by the company or by the Government, for the support of religion and of education. The Government to retain the power of consolidating the colony with any other for legis- lative and judicial purposes. (signed) E. G. Stanley. — No. 8.— Copy of a LETTER from the Provisional Committee of the South Australian Association to the Right Honourable E. G. Stanley. ' South Australian Association, 7, John-street, Adelphi, 21 February 1834. j^^_ g The undersigned, being members of the provisional committee of the South Australian Provisional Corn- Association, have the honour to transmit to Mr. Secretary Stanley two interleaved copies mittee of South of the draft of a charter. Australian .Vssocia- The papers which were laid before Mr. Secretary Stanley on the 23d of January last, tion to Right Hon. had been drawn up with a view rather to afford information to the public as to the general E- G- Stanley, principles and objects of the association, than to specify the details of the proposed under- ^^ ^^^- ^°34' taking. In the accompanying draft, therefore, though it contain nothing contrary to the — — — plan which had been framed for public information, there will be found numerous provisions which did not appear in the other printed statements. The most important of these added provisions relate to the control of his Majesty's Government over the acts of the corpora- tion ; and some of them have been inserted expressly with a view to meet certain objections which had occurred to Mr. Secretary Stanley, and which were expressed by him to the deputation from the committee. It may be remarked also that the powers proposed to be conferred by the present charter are much less extensive, and far more under the control of his Majesty's Government than those conferred by any previous charter for similar purposes. o. 21. c 3 The No. 8. Provisional Com- mittee of South Australian Associa- tion to Right Hon. E. G. Stanley, 21 Feb. 1834. 22 APPENDIX TO REPORT FROM THE The substitution of the word "commissioner," for that of "trustee," is not a merely verbal change, for it indicates and will draw attention to the fact, that the persons acting under the charter would be servants of the supreme government, and quite as much subject . to its control as the members of any Royal commission q^„„i„„.. Supposing that the measure in its present shape should have Mr. Secretary Stanley ^ approbation, the committee would propose that before the introduction of a bill authorizing his Maiesty to grant the charter, ample security should be given to his Majesty s Govern- ment by persons resident in this country, for the payment of a sum adequate to meet the expenses of Government (which sum they would propose should not exceed 7,000 /. in any one year, or 100,000 Z. in the whole), together with ample security for the immediate pur- chase of wasteland to the amount of 20,000 Z. , , , .11 If however, the great pains which the committee have taken to render the charter w- holly unexceptionable, should not prove successful, if Mr. Secretary Stanley should still disap- prove of the measure, or of any part of it, and if there be any modification of it that would -hiake it entirely agreeable to him, the committee beg that he will be pleased to specify such modification on one of the enclosed drafts, and to return the same to them ; so that without giving him the trouble of a long correspondence and repeated interviews, they may obtain, for their own guidance, an accurate knowledge of his views. TV. W. Whitmore. Geo. Grote. William Hutt. Robert Torrens. Henry Warburton. Wm. Clay. Geo. 'Norman. H. G. Ward. John Wilks. Joseph Parkes. J. A. Roebuck. William Molesworth. G. Poulett Scrape. Benj. Hawes, jun. A. W. Beauclerk. Edward Strutt. M. W. Hill. Rich. Norman, Rnikes Currie. Abraham Borradaile. Jacob Montefiore. D. Wakefield. Jos. Wilson. I Draft of a proposed Chakter for the South Australian Commission, with some Introductory Remarks. Introductory Remarks. The origin of colonial charters may be easily traced. The plantation of a colony, that is, the establishment of society on a distant and desert spot, requires the exercise of the highest of those governing or sovereign powers by which society is anywhere maintained. In former times, the government of England never under- took the formation of colonies. Every old colony planted by the English seems to have been projected by one or more private persons. It was impossible that those private persons should carry their purpose into effect without obtaining powers sufficient to constitute and uphold society in a distant place. In every case, then, the grant of such powers by the government to one or more private persons was a necessary condition of founding the colony. We find, accordingly, that every one of the charters of our old colonies in America erected a kind of sovereignty, bestowing upon a single person, or several persons incorporated as one, a degree of authority which was supreme, so far as related to the country about to be colonized. That powers so extensive should ever have been exercised by private persons may, at first sight, appear anomalous, and inconsistent with the principles of government ; but upon reflection it will be seen that the exercise of such powers by somebody was abso- lutely necessary, and that, in point of fact, the sovereignties, whether individual or corporate, created by colonial charters, existed by means of, depended upon, and were therefore parts of that general sovereignty from which they derived their special powers. In the case of the recent Swan River settlement, an Act of Parliament authorized the King " to make, ordain, (and to authorize and empower any three or more persons resident and being within the said settlement,, to make, ordain,) and establish, all such laws, institutions and ordinances, and to constitute such courts and officers as may be necessary for the pe^ce, order and good government of His Majesty's subjects and others within the said settlement," Here the obhgation to exert powers sufficient for the foundation of the colony was, in effect, imposed upon the Colonial Secretary of State. Whether it be better that the government of the mother-country should thus exert the powers required for founding a colony, or bestoiy such powers on individuals for that purpose, may be questionable ; that is, one might dispute about which is the better means of establishing a colony; but in either case, it is plain, a new department of sovereign power must be created ; and it seems equally plain, that in the case when the supreme authority will not exercise its own power in such new departpient, either a colony will not be founded, or the necessary authority must be given to private per- sons. The grounds then on which, in the proposed charter, extensive powers are given to the corporation thereby created, are that such powers are indispensably requisite for accom- plishing the object in view. The following abstract or description of the powers given by several colonial charters, will show the nature of the authority', which on former occasions it was judged expedient to bestow upon private persons for enabling them to found colonies. Abstract SELECT COMMITTEE ON SOUTH AUSTRALIA. 23 Abstract or Description of certain Powers granted by the Government of England to No. 8. Individuals or Bodies Corporate for the foundation and government of Colonies. Provisional Com- '^ ° mittee of South , 1578. Letters Patent from Queen Elizabeth to Sir Humphrey Gilbert, his heirs and Australian Asso- assigns; with powers — " To discover and take possession of remote and heathen countries, ciation to Right To exercise rights, royalties, and jurisdiction in such countries and the seas adjoining. To Hon. E. G. Stanley, dispose of such lands to Her Majesty's subjects in fee-simple or otherwise. To correct, 21 February 1834. punish, pardon, govern and rule, as well in causes capital or criminal as civil, all her sub- jects inhabiting such countries. To constitute such statutes, laws and ordinances as should by him, his heirs and assigns, be devised or established." 1584. Queen Elizabeth granted to Sir Walter Raleigh a patent similar to that which she Lad granted to his brother-in-law Sir Humphrey Gilbert. 1606. Letters Patent from .Tames 1 to Sir Thomas Gates, Sir George Somers and others, for two several colonies and plantations to be made in Virginia. To have a council esta- blished in England to consist of 13 persons, to be appointed by the king, to be called the Council of Virginia. The council " to have the superior managing and direction only of and for all matters that shall or may concern the government, as well of the colonies of Virginia, as of and for any other place within the precincts of 34 and 45 degrees in the said letters- patent described." The council to have power to establish coins for the colonies, and to levy duties on goods imported. 1630. Grant from Charles 1 to Sir Robert Heath, attorney-general, of powers to plant a colony in Carolina. No attempt at settlement having been made under this grant, it was deemed null and void. 1632. Grant from Charles 1 to Coecilius, Lord Baron of Baltimore, his heirs and assigns, of powers to plant a colony in Maryland. To hold, possess and enjoy lands within certain limits " as the true and absolute lords and proprietors of the said country, saving always the faith and allegiance, and sovereign dominion due unto us, to the sole and proper use and behoof of the said Lord Baltimore, his heirs and assigns, for ever." To ordain, make, enact, and publish any laws whatsoever appertaining either unto the public state of the said pro- vince or unto the private utility of particular persons, according to the best discretion of the said Lord Baltimore, his heirs and assigns, by and with the advice of the freemen of the pro- vince or of their delegates, whom the said Lord Baltimore should assemble in such form and manner as he pleased. To levy forces, make war, and, if necessary, to exercise martial law in the province. To confer titles. To erect and incorporate boroughs and cities. To im- pose duties of custom arid port charges. To grant lands to be holden of themselves and their heirs. To erect manors. To be exempt from taxation by the English Government. 1644. Grant from Charles 1 to Henry Rosewell and others, of powers to found a colony at Massachusetts Bay. " To have full and absolute power and authority to correct, punish, pardon, govern and rule such Subjects of us, our heirs and successors, as shall from time to time adventure themselves in a voyage thither or from thence, or that shall at any time here- after, inhabit within the said precincts, according to the laws and ordinances aforesaid,' not being repugnant to the laws and statutes of England." To be exempt from the payment of customs or subsidies in England for seven years. "From time to time to make, ordain and establish all manner of wholesome and reasonable orders, laws, statutes and ordinances, directions and instructions, not contrary to the laws of the realm of England, as well for settling of the formes and ceremonies of government and magistracie fit and necessary for the said plantation and the inhabitants there, and for naming and styling of all sorts of offi- cers, both superior and inferior, which they shall find needful for that government and plan- tation, and the distinguishing and setting forth of the several duties, powers' and limits of every such office and place, and the forms of such oaths warrantable by the laws and statutes of the realm of England, as also for the disposing and ordering of the elections of such of the said officers as shall be annual, and of such others as shall succeed in case of death or removal, and for the directing, ruling and disposing of all other matters and things whereby our said people inheriting the said colony may be religiously, peaceably and civilly governed." 1663. Grant by Charles 2 to Lord Clarendon, the Duke of Albemarle and others, of Carolina. This grant bears a close resemblance to that of Maryland, and was probably copied from it. It was under this charter that John Locke was employed to frame a con- stitution for Carolina. 1670. Grant by Charles 2 to Prince Rupert, the Duke of Albemarle, the Earl of Craven and others, under the name of the Hudson's Bay Company, of all lands, territories and conn- tries within Hudson's Streights, under the name of Rupert's Land ; exclusive trade therein; power to punish interlopers, to appoint governors, judges and other officers, to execute jus- tice, to employ ships of war, and to makepeace or war with any'people not being Christians. This charter is still in operation. 1673. Grant (Connecticut) by Charles 2 to John Wintrop, John Mason and others with powers to " erect and make such judicatories for the hearing and determining of all actions, causes, matters and things happening within the said colony' or plantations as they shall think fit and convenient, and also from time to time make, ordain and establish all manner of wholesome and reasonable laws, statutes, ordinances, directions and instructions, not contrary to the laws of this realm of England, as for settling the forms and ceremonies of government and magistracy fit and necessary for the said plantation and the inhabitants there, as for naming and styling all sorts of officers, both superior and inferior, which they shall find needful for the government and plantation of the said colony, and the distin- guishing and setting forth of the several duties, powers and limits of every such ofiice and place, and for imposing of lawful fines, mulcts, imprisonments and other punishments upon 0.21. c4 oflPenders 24 APPENDIX TO REPORT FROM THE No. 8. offenders and delinquents." " From time to time, and at all times hereafter, for their Provisional Com- special defence and safety, to assemble martial array, and put in warlike posture the inha- mittee of South bitants of the said colony, and to commissionate, empower and authorize such person or Australian Asso- persons as they shall think fit to conduct and lead the said inhabitants, and to encounter, cia ion to Right expulse, repell and resist by force of arms, as well by sea as by land, and to kill, slay and ai F b' iR° ^^' "^^^Iroy ''y ^'1 fitting ways, enterprizes and means whatsoever, all and every such person _______ or persons as shall at any time hereafter attempt or enterprize the destruction, invasion, ■' detriment or annoyance of the said inhabitants and plantation." 1673. Grant (Rhode Island) by Charles 2 to John Clarke and others, with powers " to use, exercise and put in execution, in the administration of justice and exercise of government in the said plantation, such methods, rules, orders and directions as have been used and accustomed in such cases respectively until at the next or some other general assembly of the said corporation especial provision shall be made and ordained." " To nominate, appoint and constitute such and so many commanders, governors and military oflBcers as to them shall seem requisite for the leading, conducting and training up the inhabitants of the said plantation in martial affairs, and for the defence and safeguard of the said plantation." 1673. Grant (Pennsylvania) by Chaile 2 to William Penn, with powers "free, full and absolute to him and his heirs, and to his and their deputies and lieutenants, to ordain, make, enact, and under his and their seals to publish any laws whatsoever for the raising of money for the public use of the said province, and for any other end appertaining either to the public state, peace or safety of the said country, or unto the private utility of particular persons, according to their best discretions, by and with the advice, assent and approbation - of the freemen of the said country, or the greater part of them, or of their delegates or deputies, whom for the enacting of the said laws when and as often as need shall require,, we will, that the said William Penn and his heirs shall assemble in such sort and form as to him and them shall seem best, and the said laws duly to execute unto and upon all people within the said country and limits thereof." "To appoint and establish any justices, magistrates and officers whatsoever, for what causes soever, and with what power soever and in such form as to the said William Penn or his heirs shall seem most convenient." " To have and enjoy from time to time for ever the customs and subsidies in the ports, har- bours and other creeks in the places aforesaid." " That we, our heirs and successors, shall at no time hereafter set, or make, or cause to set any imposition, custom or other taxation, rale or contribution whatsoever, in and upon the dwellers and inhabitants of the aforesaid province, or in and upon any goods and merchandize within the said province, or to be laden or unladen wiihin the ports or harbours of the said province, unless the same be with the consent of the proprietary or chief governor and assembly, or bv Act of Parliament in England." 1731. Grant (Georgia) by George 2 to John Lord "Viscount Percival and others^ of all lands in a certain part of South Carolina, with powers " to form and prepare laws, statutes and ordinances, fit and necessary for and concerning the government of the said colony, and not repugnant to the laws and statutes of England; and the same shall and may present under their common seal to us, our heirs and successors, in our or their Privy Council, for our or their approbation or disallowance; and the said laws, statutes and ordinances being approved by us our heirs and successors, in our or their Privy Council, shall from thence- torth be in full force and virtue within our said province of Georgia," " To erect and con- stitute judicatures and courts of record, or other courts, to be held in the name of us, our heirs and successors, for thehearinganddeterminingof all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes and things whatsoever, arising or happening within the said province of Georgia, or between persons inhabiting or residin| there, whethe? he same be criminal or civil, and whether the said crimes be capital or not capital, and whether SLn »P ^T ' P^""'""^ °' "''''^■^' ^"'' '■'"■ awarding and making out executions thereon. lo nominate make, constitute, commission, ordain and appoint, by such name or names, style or styles, as to them shall seem meet and fittine, all and singular such f^n7'l°ll'^''i^^''fT''^'^'^'' "}'tl^'\^^^ officers, civil and mihtary, both by sea and for thJ <^n'" '"1 f'l""' ■!,' '^^'^ ^^ '^'"^ ^^ '^°"g^' fi' ^nd "«=edful (o be made or used foi the government of the said colony; provided always, that every governor of the said ftruct"7xer.ur;"H" '^'" ^' ^^^'f °[ ^^ "^' °"^ ^'^"'^ ^"^ succLlrs." '' To train, in- assemble Tn IrM f °'''" ^ "^''"'^ ^°' the special defence and safety of our said colon;, to SToleadanHrnnHnll?^'^"'' Pf '."^f^'^e posture, the inhabitants of the said colony, bv force of arms ., S h ''"' """^ ,"'\^ "'/'" '". ^"'^"""ter, expulse, repel, resist and pursue and a so to km ski f f ^ '"^ ^" ^'^ ^'°1' ^"^"^ ""' without the limits of our said colony, Leve all and 'ev^i'if ''^ "' '"T""' ^^ "" ^^*'"g ^^y^' enterprizes and means whal- soevei, aJl and eveiy such person and persons as shall at anv time hereafter in an hostile ZZ''''''%T.lT£7:nl *'^ '"'''^f °"' invasion, detreroJlnnoyTn'e oTour said So„7and to'^ai^ and TolleTsu^mlrerrXfrYe t"^ ^''"'^ '^' " "'^ ''''"''- tributed for the purposes aforesaid • andThM L^t , ^ ^°7 Pf °° °' P^'''°"' '=°"' ments as often a^s th% shaif see ca'use so to do " ^^ '^''^^^^^^ "-devoid such appoint- oth^?s;;f^an L^^d'InTh^Slsu^la^^^^^^^^^^^ Tf^^ ^''^T^' ^"' ment quite as large as those granted to Lj^'SmoTit^W-SSm pllf "" ^"' ^°""■ n%t'. t^^Z'Zl ?.^aY%^!!!'^_--,S-»'^d to persons who continued to reside in England, as in the case of the Londorand^P vmourh^P '""' '''%-^^^^ persons already established as a colony as in il^T fu^^"'^' ^^ll/''^'!!'^' '""^^ ^° necticut and Rhode TOanH L^ coiony, as in the cases of the second Massachusetts, Con-^ necticut and Rhode Island; and some to persons who left England to found a colony, as in the SELECT COMMITTEE ON. SOUTH AUSTRALIA. 25 the case of William Penn. In the two latter classes of cases, the powers bestowed were No. 8. employed for the greatest good of the colony, and with the happiest results. In the first Provisional Corn- class of cases, the powers bestowed were often greatly abused. Persons residing in England mittee of South obtained power both to plant and to govern a colony ; but, while they had an interest in Australian Asso- planting well, they had sometimes an interest in governing ill. An infant colony, requiring S^^**"?,''?,^'^ , very little government, might be pretty well governed from a distance; but as a distant ^^* t*' g^. ^° ^^' sovereign must necessarily be ignorant of the situation and wants of his subjects, no sooner ^* '^ ' ^ was a colony established so as to be susceptible of good government, than the colonists had to complain of the ignorance or oppression of their distant sovereign. In all such cases, the liability to receive supreme orders from an individual or corporation residing at a great distance from the colony, produced much discontent ; and it led in some cases to rebellion and civil war. Nay, in some cases, the colony was glad to throw off its charter government, and to proclaim the King of England as its only sovereign. The history of the disputes between colonists in America and their chartered sovereigns residing in England, is a record of all kinds of evils suffered by the colonists. Those evils appear to have arisen from one cause only, from the want of any sufficient provision for that change of circumstances which takes place when an infant colony grows to maturity. Though some of the colonial charters which created sovereigns in England, made some provision for the self-government of the colony, and though several of those sovereigns voluntarily bestowed upon their subjects some degree of self-government, still, in none of those charters was there any specific pro- vision for the timely transfer of the powers of government from the individual or corporate sovereign residing in England to the colonists themselves. In the present case, the time at which, or rather the circumstances under which, such transfer shall take place is fully specified. In another respect, this charter differs from most other colonial charters. In almost every preceding case, the individual or corporate sovereign had some private object ; some view to profit,. either as a land-owner or a trader, or both ; whereas, in this case, the objects of the corporation are entirely of a public nature. If this charter should be granted, it will he nothing but a means, employed hy the sovereign authority of the mother-country, for extend- ing good government to such of its subjects as may please to settle and pursue their private objects in South Australia. On this account, the document would deserve to be called a commission rather than a grant. The corporation will be, in fact, nothing but a commission appointed hy the Government to effect a public purpose. Supposing the purpose to be a good one, the Government, in its character of a trustee for the public, is interested in seeing that the commissioners have sufficient powers for accomplishing the objects of the commis- sion. Ample powers, in short, are required hy the grantees, not for any private end of their own, but for the public end of the grantor; that is, the founding of a colony as well as possible. This last consideration will meet any objection to the great extent of land which it is proposed shall be placed at the disposal of the corporation. Whether the extent of land were great or smali, would be quite indifferent to the commissioners individually ; but as a corporation, responsible to the public for the fate of the colony, they will have a deep interest in securing its prosperity. The prosperity of ttre colony will depend mainly upon the uniformity and permanence of the system for disposing of waste lands, and upon a ^ general conviction that the working of the system will not be interrupted ; but if any other system should be adopted near to the place where this system was established, there would no longer be an uniform system ; and if the waste lands in the neighbourhood of the place where this system was established, should be left liable to the adoption of any other system, an interruption of the due working of this system, instead of appearing impossible, would appear by no means improbable. The single object, therefore, of placing so great an extent of land under the control of the corporation is the success of the colony. The effect of the provision will be the same as if the supreme authority had passed a law, declaring, that all the lands within the limits of the proposed colony should be disposed of in the way in which this corporation will be obliged to dispose of them. The provisions, however, for placing so great an extent of land under an uniform and permanent system of management are so framed that they shall not operate in a way con- trary to the object of them. If the corporation succeed in the attempt to establish a flourish- ing colony, the provisions will last ; if it fail in that attempt, the provisions will cease, and all t-he lands not disposed of under those provisions will become liable to any other system of management that the supreme authority may please to try. Thus, if the corporation should not make a good use of their power over the waste lands of the colony, the Govern- ment will not be precluded from making the begt use of the lands. The power to erect other corporations in England or elsewhere, for the sole purpose of buying and selling lands in the colony, seems to be required by the great utility of such a provision, and the grant of it to be justified by the following words of Blackstone : — " The king (it is said) may grant to a subject the power of erecting corporations, though the con- trary was formerly held ; that is, he may permit the subject to name the persons and powers of the corporation at his pleasure ; but it is really the king that erects, and the subject is but the instrument; for though none but the king can make a corporation, yet qui facit ■per alium facit per se. la this manner, the Chancellor of the University of Oxford has power by charter to erect corporations, and has actually often exercised it, in the erection oi several matriculated companies, now subsisting, of tradesmen subservient to the students." As the South Australian Commission will not be a joint-stock company, no body of per- sons will exist in whom might have been vested the right of electing commissioners. It was necessary, therefore, to adopt the principle of self-election under certain limitations. Under several of the old charters, the heirs and assigns of the grantee succeeded to his powers. 0.21. d The 26 APPENDIX TO REPORT FROM THE No.S: Provisional Com- mittee of South Australian Asso- ciation to Right Hon. E. G. Stanley, 21 Feb. 1834* The mode of self-election adopted in this case has been taken from a local Act passed in the seventh year of George 4, intituled, " The Grosvenor Place Improvements Act," whereby extensive powers are given to certain trustees and their successors, provision being made that the heirs of certain persons shall succeed' as trustees; and that, in other caseS) new trustees shall be elected by the then remaining trustees. The object of these provi;^ sions was to give to the Earl of Grosvenor and his heirs, and to other owners of land neat Grosvenor-place, and their heirs, considerable powers within a new town which those land- owners were desirous to erect on their own property, and have since erected. Perhaps they would not have erected the town unless they had obtained the powers. Just so in this ease, upon those who undertake the trouble of founding a colony is bestowed the power of naming the persons who, as their successors, will have to complete the work. But as the first commissioners are to be named by the king, so it is provided that no election of anew commissioner shall be valid without the express approval of His Majesty's Government, and that such commissioners shall likewise be liable to removal for neglect of duty by His Majesty's Government. the expression "not repugnant to the laws of England," has been taken from the old charters. It is intended to provide, not that the laws made for the colony shall be the same as the laws of England, but that no law made for the colony shall supersede, or clash with, any law of England. Very many of the laws of England would be totally inappli- cable to an infant colony (the Poor Laws for example), while not a few of those laws (for instance, the laws of the transfer of estates) would be very injurious to the colony, where land will continually change hands. Under the old charters, all sorts of laws, very different from the laws of England, were necessarily made; but if a law had been made in opposition to any English law (such as a law contrary to the English Navigation Laws), it would have been void, as " repugnant to the laws of England'." That term was employed on former occasions, and is here employed, to provide that no law made under the charter shall authorize the doing of any act which any law of England declares shall not be done. Another reason for not applying the laws of England to the colony is, that those laws exist for a stable condition of society, while a colony growing from infancy to maturity is constantly in a state bf transition. As a code of laws, such as will be required by the colony in its mature state, would be unsuitable to its infancy, so must additions be continually made to those simple regulations which will suffice for the infant settlement. The power^ therefore, to frame laws for the colony, is given in nearly the same large and general terms as occur in the old charters, and as were lately used by Parliament in the Act for authorizing His Majesty to make laws for the Swan River settlement. The provisions for submitting for the approval or disapproval of His Majesty's Govern- ment the appointment and continuance in office of the colonial governor, and certain other officers, and all colonial laws made by the corporation, and for insuring that His Majesty's Government shall at all times be fully informed of the proceedings of the corporation, have been introduced with a view of creating of as many checks upon, the commissioners as would be compatible with the greatest check ; a sense of complete responsibihty.- What- ever shall be done will be the act of the corporation ; and yet all their acts, being open to examination, may easily be questioned by His Majesty's- Government, by Parliament, and by the public. When they shall do well, no one, it may be presumed, will interfere with them ; and if they should do wrong, they will be liable to correction. A century back, such a charter as this would have been granted without the authority of Parliament. But in modern times no such charter, it is believed, has been granted without that authority. The latest charter of the sort, that of the Sierra Leone Company, granted in 1791, was founded on Act of Parliament. Even in such cases as the Australian Agri- cultural Company and the Canada Company (both in 1824), where the objects were strictly colonial and of a private nature, and where the powers granted were by no means extensive^ an Act of Parliament preceded the charter. It has been taken for granted that an Act would be required in this case; that is, the charter has been drawn on the assumption that all Us provisions will be authorized by the Legislature. Becites That certain parts of Australia are fit for colonization. South Australian Commission. Charter of Incorporation^ i". William the Fourth, by the grace of God of the United Kingdom of Great Bi>itaia and Ireland King Defender of the Faith, and so fbrth. To all to whom these presents shall come, greeting : ^^ hereas that part of Australia which lies between the hundred and thirty^ That certain persons are desirous of founding a colony there. Thatevils have here- tofore arisen for want of a uniform system in disposing of the waste lands- .,-„.^ „..„ v...^^..„j,.v.^ .„„..^ w.iiuu are supposed to t)e ht lor th and whereas divers of our subjects, possessing amongst them a considerable property, are desirous to embark for the said part of Australia, and o^ the said waste and unoccupiedlands to establish themselves as a permanent colony, and others of our subjects being in a state of gieat poverty and destitution, are desirous to accompany the said persons, and by them to be employed in reclaiming the waste lands of the said country, and bringing the same into !hf W hi IZuaT '='''^''^1:«." 5 ^«d whereas it is highly expedient that o!r said subjects should be^enabled to carry their said laudable purposi into eff-ect; and whereas in divers colon^s planted under and by virtue of the letters-patent of our ro^al predecessors, serious evils have arisen from the want of any uniform and permanent syslem in the mode of dis- posing ol the waste land of such colonies, and it is highly expedient that in the said intended colony an uniform system^.n the mode of disposing of waste knd should be permanently established ; and whereas for the planting of a colony, and the maintenance therein of peace, order SELECT COMMITTEE ON SOUTH AUSTRALIA. 27 order and good government, the exercise of certain powers and authorities is required; and whereas divers of our royal predecessors, willing to promote the settlement of colonies in America, saw fit to grant from time to time unto divers of tlieir siibjects sundry rights, powers, autiiorities and privileges ; and whereas in and by a certain Act of Parliament passed in the year of our reign, intituled, " An Act to enable His Majesty to create and appoint Commissioners for the establishment of a Colony in South Australia, and to incorporate the said Commissioners by the name of The Soulh Australian Commission, and to invest the said Corporation with certain Rights, Powers, Authorities and Privileges, and for other Purposes relating thereto," after reciting # * * * it was enacted * * * * * * * * * Now know ye, that upon the prayer of the several persons hereinafter named and others, and also of our especial grace, certain knowledge and mere motion, we have given, granted, made, ordained, constituted and appointed, and by these presents for us, our heirs and successors, do grant, make, ordain, constitute, declare and appoint that A. B., C. D., and * * * * * * * together with such and so many other persons as shall from time to time be chosen here- Etfter in manner hereinafter directed, and their successors, shall be commissioners for esta- blishing a colony in South Australia as hereinafter mentioned, and shall be a body politic and corporate in deed and in name, by the name of the South Australian Commission, and by that name shall and may sue and be sued, implead and be impleaded, in all courts whether of law or equity, and shall have perpetual succession, with a common sea), which may by them be changed or varied at their pleasure. 2". And we do further will, declare and ordain, that the said corporation shall be and is established for the purpose 6f founding a colony on the South Coast of Australia, between the hundred and thirty-second and the hundred and forty-first degrees of east longitude, or on any of the islands thereto adjacent, and of maintaining peace, order and good govern- ment amongst our subjects who shall inhabit the said intended colony, and of managing and disposing of the said waste lands of the said country with a view to the greatest success and prosperity of the said intended colony, in conformity with the tenor of these presents. 3°. And we do further declare, will and ordain, that for the better insuring the good government and prosperity of the said corporation, there shall be holden general meetings of the said commissioners at least in each year; that is to say, on the first in the months of respectively, and that if there shall at any time hereafter be a failure of holding a general meeting of com- missioners on any of the days aforesaid, then and in every sudi case any three or more of the said commissioners may call a general meeting of the said commissioners, by notice or summons to be delivered at the usual places of abode of the said commissioners, seven days at least before the day appointed for such general meeting in the said notice ; and it shall be lawful for the said commissioners appointed by these presents, and their successors, and they are hereby authorized, from time to time, to hold any special meeting between their then last general meeting and the day on which their next general meeting is by these pre- sents appointed to be held, so that such special meeting shall be required, in manner afore- said, by three or more of the said commissioners, and notice thereof in writing given to or left with the secretary or chief clerk of the said corporation, who shall thereupon give seven days' notice to the said commissioners of such intended special meeting, and shall specify in such notice the object or objects of such special meeting ; and it shall be lawful to the said commissioners and their successors assembled at any such general or special meeting as aforesaid, from time to time afterwards to adjourn themselves; and if at any time there shall not appear a sufficient number of the said commissioners as hereinafter prescribed, any one of the said commissioners present may adjourn the meeting to any other day ; and no act of the said commissioners shall be valid unless made or done at some general meeting, special or adjourned meeting held as aforesaid (except the calling of meetings as aforesaid); and all the rights, powers, authorities and privileges, by these presents granted to or vested in the said commissioners and their successors, shall and may from time to time be exercised by the major part of them present at general, special or adjourned meetings, to be holden as aforesaid, the number of commissioners present at any such meeting not being less than five ; and in all cases where the number of votes upon any question shall be equal (including the chairman's vote), the chairman shall have the casting vote ; and at every general,. special or aidjourned meeting to be holden as hereinbefore directed, the first business shall be the selection of a chairman to preside at the same. 4°. And we do further will, direct and appoint that minutes of all acts, orders and proceedings of the said commissioners at any of their meetings shall be entered in a book or books, to be kept by their secretary or chief clerk or clerks for the time being for that purpose, and shall be signed by the chairman of such meetings respectively, and by two of the commissioners then present; and all such acts, orders and proceedings shall then be deemed and taken to be original acts, orders and proceedings, and such book or books shall and may be produced and read as evidence of all such acts, orders and proceedings, on any appeal, trial or information, or at any proceedings, civil or criminal, in any court or courts of law or equity whatsoever. 5". And we do further will, direct and appoint that a true copy of all such minutes as aforesaid, signed by the secretary or chief clerk of the said commissioners for the time being, shall from time to time be laid before our Principal Secretary of State for the Colonies for the time being. 6°. And we do further declare, will and ordain, that when and so often as any of the commissioners of the said corporation, or any of the commissioners to be appointed in their 0.21. di place. Act authorizing the incorporation of the South Australian Commission. Appoints that A. B., C. D. and their sue cessors shall he com- missioners, and a corporation for esta- blishing a colony in South Australia. Purpose of the cor- poration. Four general meet- ings of the commis- sioners to be held in every year. Special meetings to be convened by notice. AU powers, &c. of the commissioners exerciseable by the majority present at meetings not being fewer than five. Chairman to have casting vote. Minutes of proceed- ings to be entered in a book to be kept as aforesaid, and to be evidence. Copies of minutes to be laid before Colo- nial Secretary. Power to appoint new commissioners. 28 APPENDIX TO REPORT FROM THE place, shall die, or refuse or neglect to act, being first duly summoned by notice in writing, signed by the said secretary or chief clerk, or become incapable of acting for the space of , the surviving or remaining commissioners assembled at their next general or special meeting (the intended election of a new commissioner or com- missioners being expressed in the notice or summons for such meeting) shall, by an instru- ment under the common seal of the said corporation, nominate one other person to be a commissioner in the room of every such commissioner so dying, refusing, neglecting or becoming incapable to act as aforesaid ; and every commissioner so from time to time to be nominated, as lastly hereinbefore directed, is hereby invested with the same rights, powers, authorities and privileges as if he had been one of the commissioners named in these pre- sents ; and no person hereinbefore expressly named a commissioner of the said corporation, or who shall be nominated a commissioner as hereinbefore directed, who shall neglect to act for the space of , shall after that time be capable of acting as a commissioner, unless he shall be again nominated at any general or special meeting eommissioners to be by the remaining commissioners. Provided always, that no person who shall be appointed.a approved of by Colo- commissioner as hereinbefore directed, in the room of any commissioner hereinbefore ex- nial Secretary. pressly named, or in the room of any preceding commissioner, shall act as a commissioner of the said corporation until the said nomination shall have been submitted to our Principal Secretary of State for the Colonies for the time being, for his disallowance or approbation ; and in case our said Secretary of State shall, within seven da3's of receiving notice of such nomination, by any writing under his hand left with the secretary or chief clerk of the said corporation, disallow such nomination, then and in that case such nomination shall be deemed and taken to be null and void, and the surviving or remaining commissioners shall nominate, in the manner hereinbefore directed, one other person in the room of every such com- missioner whose nomination shall have been so disallowed by our said Principal Secretary of State for the Colonies for the time being. Commissioners to be removable by the Secretary of State for misconduct, &c. Power to the com- missioners to make bye-laws for the cor- poration in Great Britain and Ireland, not repugnant to the laws of England, Power to purchase, hold and sell lands in Great Britain and Ireland and else- where, not exceeding- in value 1,0001. pei> amium. Erection of the pro- vince of'South Aus-- tralia. 7°. And we do further will, declare and ordain, that provided the said commissioners named in these presents, and their successors, to be appointed as hereinbefore directed, or any of them, shall by any act of non-feasance or mis-feasance behave or conduct himself or themselves contrary to the true meaning, tenor and effect of these presents, it shall and may be lawful for our said Secretary of State for the Colonies for the time being to cancel the appointment of such commissioner or commissioners, and appoint others in his or their place or places. 8°. And we do further will, direct and appoint, that the said commissioners and their suc- cessors shall have full power and authority, from time to time, at any general, special or adjourned meeting as aforesaid, to make such rules, orders and bye-laws as to them shall seem right and proper for the good government of the said corporation, and for. regulating their proceedings, and for the regulation of all officers and servants to be employed in or about the affairs of the said corporation, and for the superintendence and managenjent of the said corporation in all respects whatsoever, concerning the administration thereof in the United Kingdom of Great Britain and Ireland, and from time to time to alter and repeal such rules, orders and bye-laws ; and all rules, orders and bye-laws so to be made as aforesaid, being reduced into writing, and the common seal of the said corporation thereto attached, shall be binding upon all such officers, and servants and other persons, and shall be sufficient authority in any court of law or equity to justify all persons who shall act under the same. Provided always, that such rules, orders and bye-laws be not repugnant to the laws of that part of the United Kingdom called England, or to any of the express directions or provisions of these presents. 9°. And we do hereby further, for us our heirs and successors, grant unto the said cor- poration and their successors, and we do will, direct and appoint, that it shall and may be lawful for the said corporation to purchase, take, hold, sell and dispose of all lands, tene ments and hereditaments, situate in Great Britain and Ireland, or elsewhere in our do- minions, which it may be necessary or convenient for the said corporation to acquire in order to the full and complete execution of these presents; provided that such lands, tenements and hereditaments as may be purchased in Great Britain and Ireland, or in any other part of our dominions, be not altogether of more than the value of per annum at the time of such purchase ; and also provided that all such purchase or pur- chases be made in conformity with the local laws and statutes in force in those parts of our dommions in which the lands, tenements and hereditaments so to be purchased may be situated ; and the said corporation may do all other acts and things in relation to the pre- mises in all respects as beneficially as any other body politic or corporate, or any subject of this realm is by law entitled to do. 10°. And we do further declare, will and ordain, that all the lands, countries and territories lying between the i32d and the 141st degrees of east longitude, and between the Southern Ocean and the Tropic of Capricorn, together with all the islands adjacent thereto, shall be, and the same by these presents are, created and erected into one independent and separate province, by the name of South Australia, by which name we will the same henceforth to be called ; and that all and every person or persons who shall at any time hereafter inhabit or reside within our said province, shall be and are hereby declared to be free, and shall not be subject to or bound by any laws, orders, statutes or constitutions which have been here- tofore made, ordered or enacted, or which hereafter shall be made, ordered or enacted, by, for or as the laws, orders, statutes or constitutions of any otlier part of Australia, but shall be subject to and bound to obey such laws, orders, statutes and constitutions, as shall from tipe SELECT COMMITTEE ON SOUTH AUSTRALIA. 2Q time to time, in the manner hereinafter directed, be made, ordered and enacted, for the better government of our said province of South Australia. 11°. And we do further wrill, declare and ordain, that it shall and may be lawful for the said corporation, and their successors, from henceforth until such period as hereinafter mentioned, to make, ordain and establish, and (subject to such conditions and restrictions as to thiem shall seem meet) authorize and empower anyone or more persons resident and being within our said province, to make, ordain and establish all such laws, institutions and ordinances, and to constitute such courts, and appoint such governors, judges, magistrates and other officers, as may be necessary for the peace, order, education and good govern- ment of our subjects and others within pur said province; and from time to time to remove any such governor, judge or other officeis. Provided always, that such laws, institutions and ordinances, so by the said corporation to be made as aforesaid, and all such authorities and powers by them to be conferred upon one or more persons resident and beihg within our said province as aforesaid, be submitted to our Principal Secretary of State for the Colonies for the lime being, for his approbation or disallowance, before the same be transmitted to the said province ; and in case any of the said laws, institutions, ordinances, authorities or powers shall be disallowed by our said Secretary of State, at any time within of the day whereon the same shall have been submitted to him as aforesaid, then and in that case the same shall be deemed and taken to be null and void to all intents and purposes whatsoever. Provided also, that no such law, institution, ordinance, power, or authority, be repugnant to the" laws of that part of the United Kingdom called England, or to any of the express provisions or directions of these presents. Provided also, that the appointment of every governor, colonial secretary, judge, commissioner of public lands, and Accountant-general of the said province, made as afore- said, shall be submitted to our said Principal Secretary of State for the Colotiies for the time being, for his disallowance or approval, and that no such appointment of any governor, colonial secretary, judge, commissioner of public lands, or Accountant-general of our said province shall have effect until after the express approval thereof, in writing, by our said Secretary of State. 12°. And we do further will, declare and ordain, that provided any governor, colonial secretary, judge, commissioner of public lands, or Accountant-general of our said province, appointed as aforesaid, shall, by any act of non-feasance or mis-feasance, behave or conduct himself contrary to the true meaning, tenor and effect of these presents, it shall and may be lawful for our said Principal Secretary of State for the Colonies for the time being to cancel the appointment of any such governor, colonial secretary, judge, commissioner of public lands or Accountant-general, and to require of the said commissioners that they do immediately appoint as aforesaid, one or more other person or persons in the room of any person or persons whose appointment shall have been so cancelled as aforesaid. 13°. And we do further declare, will and ordain, that for the raising of a revenue to defray the costs, charges and expenses of the said corporation and of the good government of the said province, it shall and may be lawful for the said corporation an^jheir succes- sors from time to time henceforth, until such period as hereinafter mention^, to impose and levy any rate or rates, tax or taxes, duty or duties, within the said, province, as to them shall seem meet and desirable. Provided always, that no rate or rates, tax or taxes, duty or duties, shall be imposed or levied within the said province, unless the same shall have been approved of by our said Secretary of State for the Colonies for the time being, in writing under his hand, and that the amount of any such rate or rates, tax or taxes, duty or duties, shall not exceed in the whole the sum of 14°. And we do further declare, will and ordain, that the absolute property and power of disposition of, in and over the whole of the land within the boundaries of our said province shall be, and the same is hereby vested in the said corporation and their successors, under the name of "Public Lands of the Province of South Australia," to be by them held or disposed of for the purposes, upon, under and subject to the conditions, provisoes, limita- tions and restrictions following ; that is to say, 15°. Firstly. That the said corporation, in the exercise of the powers and authorities by these presents granted unto them, shall appoint, constitute, establish and maintain, for and within our said province, a separate department of government, under the name of " The Board of Public Lands;" and that the proper and particular duty and office of the said board shall be to survey and measure the said public lands, and make maps of the same, and to dispose of all or any portion of the said public lands by sale in the manner herein- after directed. 16°. Secondly. That one or more of the officers of the said board of public lands shall accompany the first expedition sent by the said corporation to our said province, and shall be instructed and ordered to select the most fit and convenient district and spot for the site of the future chief town of the said province and the seat of government. 17°. Thirdly. That as speedily as conveniently may be after selection shall be made of the most fit and convenient district and spot for the site of the future chief town of the said province and the seat of government as aforesaid, the said officer or officers of the said board of public lands shall make an accurate survey as well of the said district and the area of the said intended site as of the lands immediately adjoining thereto, to as great an extent as 0.21. ds conveniently Powers to corpora- tion to make laws, appoint governor, &c. in the province. AH laws, &c. to be approved by the Co- lonial Secretary, Governor and other officers to be ap- proved by the Colo- nial Secretary. Governor and other officers removable by the Secretary of State. Power to commis- sioners to impose rates and levy taxes in the province. Provided the same be approved by the Secretary of State. All waste lands in the province to be vested in the corpo- ration for purposes following. 1st. That there shall be established a Board of Public Lands. 2dly, Officers o I'sneh Board to go out in the ILrst expedition to fix the site of the chief town. 3dly. That the said Board shall survey and map such site and the adjoining lands, and divide same into sec- tions. &c. 30 APPENDIX TO REPORT FROM THE _ 4thly. Conditions of public knds. Sthly. ethly. Power to the Board of Public Lands to let aright of pas- turage. 7thly. The Board shall keep an account of all sales. Sthly. Thai all monies re- ceived by the Board shall constitute an " Immigration Fund." Sthly. That enugrants con- veyed by the Board shall be adult per- sons of both sexes in equal numbers. lOthly. That an account of the emigrants be kept. Commissioner' of immigration to be appointed. Declaration of the fundamental articles conveniently may be, and shall draw and frame maps of the same, dividing the said lands to be so surveyed and mapped into sections of not less than acres and plainly marking the said divisions or sections on the said maps, and shall at all times expose or exhibit ail the said maps to public inspection within the office of the said board ; and so in like manner from time to time, and at all times thenceforward, the said board shall make surveys and maps of the said public lands, at such intervals of time, and to so great aa extent as conveniently may be beyond the portions of the said public lands already sur- veyed and mapped as hereinbefore directed, as they shall deem convenient or expedient for the time being, and shall divide all such lands, and make the divisions thereof on the said maps, and shall expose or exhibit all such maps in like manner in all respects as aforesaid. 18°. Fourthly. That no portion whatsoever of the said public lands shall be disposed of so sale of as to become private property in any other way than by sale at public auction, after due notice thereof, 19°. Fifthly. That the upset price of such public lands shall never at any time, or under any pretext or circumstance whatsoever, be reduced below per acre. ao°. Sixthly. That the said board of public lands shall let at such rent, in such portions, in such manner, and subject to such conditions as to them may seem desirable, the right of pasturage in severalty or in common, on, over ^nd upon, all waste and unoccupied land within the said province, until purchased or demanded to be purchased by any individual or corporation under the conditions hereinbefore mentioned : Provided always, that all monies received by the said board in payment of rent for any part or parts of the said waste or unoccupied land, until purchased or demanded to be purchased as aforesaid, shall be deemed and taken to form part of, and be applied to the same purpose, as the fund arising from the sales of land or " Immigration Fund" hereinafter mentioned. 21". Seventhly. That the said board of public lands shall at all times keep full and particular accounts of the sales of land by them effected, specifying as to each sale the quantity and situation of the lands sold, the price per acre received, and the name of the purchaser; and shall, on the first Monday in every month, or as near to such period as may be, advertise in one newspaper at least, published within the said province, a true copy of all such accounts, so far as shall relate to the month next preceding; and shall from time to time, as often as can be, despatch to the said corporation of trustees true copies of all such accounts, and shall also from time to time, as often as can be, despatch true copies of all such accounts to our Principal Secretary of State for the Colonies for the time being. 22°. Eighthly. That no monies received by the said board of public lands as the purchase-money of all or any section or sections as aforesaid of such public lands, shall be deemed or considered to form part of the ordinary revenue of the said province, but that all monies so received by the said board of public lands shall constitute a fund, to be called " The Immigration Fund;" and that all and every part of the said fund shall (subject to such administrative regulations as to the said corporation may be deemed meet) be employed for one purpose only; that is to say, for defraying in whole or in part, and under such conditions as may seem meet to the said corporation, the cost of the passage of poor emigrants, natives of Great Britain or Ireland, from Great Britain or Ireland to our said province. 23.° Ninthly. That the said corporation, or any officer or officers by them appointed for that purpose, shall, in disposing of the said immigration fund in the manner aforesaid, use their best endeavours to the end that the poor persons so to be conveyed from Great Britain or Ireland to our said province, shall be adult persons, and of the two sexes in equal propor- tions, and not exceeding the age of 24 years. 24°. Tenthly. That the said corporation and their successors, or some proper officer or officers to be by them appointed for that purpose, shall keep full and particular accounts of the number of persons who shall or may be so conveyed from Great Britain or Ireland to our said province, specifying the last parish or place wherein every such emigrant shall have previously i-esided, the dates of the departure and arrival of such persons, the number in every monih, the age and sex of every such person, and the contract or other price paid for the passage of all such poor emigrants as aforesaid; and from time to time, as often as con- I!°'r" „^,™fl,!'j'!"*^ once at the least in every year, shall advertise in one or more news- ^ «,.„,,., .„ „ . „ ^.^^ or ,, , . , .- f .^^c, u, KJLait lui 1..0 Colonies for the time being. 25°. And we do further will, declare and ordain, that the said corporation shall maintain in our said provmce an officer, to be called, " the Commissioner of Immigration," and that the proper duty and office of the said commissioner of immigration shall be to receive poor immigrants on their arrival m our said province, to ascertain the state of their health by means of medical inspection, and to assist them in finding employment: and the said com- missioner shall, from time to time, make a full report of the proceedings of his office to the Governor of our said province, and to our Principal Secretary of State for the Colonies for the time being. 26°. And vve do further will, declare and ordain, that the provisions hereinbefore declared, made and ordamed with respect to the management and disposal of the said public lands in SELECT COMMITTEE ON SOUTH AUSTRALIA. 31 in our said province, and the application of all monies arising from the sale thereof, and the of the constitution of employment of the said immigration fund, shall be deemed and considered, and the same by the provmce. these presents are declared, made, and ordained to be, fundamental articles of the consti- tution or government of our said province, and shall not at any time hereafter (except as hereinafter provided) be modified or altered in any degree or manner whatsoever, without the special leave of us, our heirs or successors, in writing, under our or their great seal, and the authority of Parliament first had and obtained. 27°. And we do further will, declare and ordain, that for defraying the necessary costs, Power to raiscmoney charges and expenses of the said corporation, as well in England as in our said province, for the govemment and for carrying into effect the several purposes of these presents (excepting always the *^® province, &c. purpose whereunto the said " immigration fund " is made applicable as aforesaid), and for defraying all costs, charges and expenses incurred in applying for and obtaining the Act of Parliament hereinbefore recited, and these presents, ancf of ail other expenses prepara- tory and relating thereto, it shall and may be lawful for the said corporation from time to time to borrow and take up, on bond or otherwise, at interest, such sum or sums of money as they shall judge necessary for the purposes aforesaid, upon the credit of the ordinary revenue to be levied and collected as hereinbefore directed within our said province ; and the amount of any sum or sums of money by the said corporation borrowed and taken up as aforesaid, shall be deemed and taken to be a public debt owing by the inhabitants of our said province to the said corporation : Provided always, that such sum or sums of money as shall be borrowed and taken up at interest as aforesaid, shall not exceed in the whole the sum of 28". And we do further will, declare and ordain, that until the sale of the said public Powertoraisemonies lands in our said province shall from time to time produce a fund sufficient to defray the for the conveyance of cost of conveying to our said province from time to time such a number of poor emigrants emigrants, as may by the said commissioners be thought desirable, it shall and may be lawful for the said commissioners from time to time to borrow and take up, on bond or otherwise, at interest, any sum or sums of money for the sole purpose of defraying the cost of the passage of poor emigrants from Great Britain or Ireland to our said province ; and all such sums or sum of money so borrowed and taken up for the sole purpose aforesaid, shall be borrowed on the credit of, and be deemed a charge upon, the whole of the fund to be obtained by the sale of public lands in our said province ; and it shall be lawful for the said corporation from time to time, to appropriate all or any part of the monies which may be obtained by the sale of public lands in our said province, to the payment of interest on any such sum or sums borrowed and taken up as last aforesaid, or to the re-payment of such principal sum or sums. 29°. And we do further will, declare and ordain, that in case the said corporation shall Power to boiTow be enabled at any time to borrow or take up any sum or sums of money for any of money at a lower the purposes of these presents at a lower rate of interest than any security or securities I'ate of interest. previously given by ^them under and by virtue of these presents which may then be in force shall .bear, it shall be lawful for the said corporation from time to time to borrow and take up any sum or sums of money as they shall think proper at such lower rate of interest, and therewith to pay off and discharge any existing security or securities bearing a higher rate of interest as aforesaid. 30°. And we do further will, declare and ordain, that it shall be lawful for the several Assigimient ofsecu- persons entitled to any of the securities for the money to be borrowed, secured or raised as rities. aforesaid, and their respective executors, administrators or assigns (as the case may be), at any time, by writing under their hands and seals, to assign and transfer such securities, and all benefit and advantage thereof, to any person or persons whomsoever. 31°. And we do further will, declare and ordain, that nothing herein contained shall be Commissioners not deemed, construed or taken to extend to make the commissioners who shall sign, execute or personally liable. give any of the assignments, bonds or other securities so hereby authorized or directed to be given or made, or any of their co-commissioners, personally, or their respective estates, lands or tenements, goods and chattels, liable to the payment of any of the monies to be so borrowed and secured, by reason of their giving any such assignments, bonds or other secu- rities as aforesaid ; nor shall the said commissioners, or any of them personally, or their estates, be liable as aforesaid for or on account or in respect of any contract or contracts entered into by any officer or officers of the said corporation with any person or per- sons whomsoever, for the conveying of any of our subjects to our said province of South Australia under the provisions hereinbefore contained, or for, any act, matter or thing in relation thereto, or for any contract, act, matter or thing whatsoever, made or entered into in the bona fide execution or performance of the purposes of these presents. 32°. And we do further will, declare and ordain, that the said corporation from time to Accounts of the dis- time, and twice at the least in every year, shall lay before our Principal Secretary of State bursements and re- fer tlie Colonies for the time being full and particular accounts of the receipts and disburse- ceipts of the corpora- , ,. ., ., . ° 11 • I- S 1 • -J • J r.u .. ^ ^ tion to be laid betore ments of the said corporation, as well m England as m our said provmce, and ot the state ot ^j^g Colonial Secrc- the funds of the said corporation at the time of delivering every such account. tary. 0.21. d 4 33°- And 32 APPENDIX TO REPORT FROM THE Copy of all corres- pondence to he laid before the Colonial Secretary. Power to incorporate land companies. A census of the inha- bitants of the pro- vince to be taken every year. An assembly of re- presentatives to be convened under regulations to be approved by the Secretary of State. Question to be sub- mitted to the assem' bly of representa- tives. Constitution of the legislative assembly 3"^°. And we do further will, declare and ordain, that the said corporation from time to time, and twice at the least in every year, shall lay before our Principal Secretary of State for the Colonies for the time being a true copy of all correspondence between the said corporation dnd their officers or other persons in our said province. 34°. And whereas divers persons, being resident in our United Kingdom of Great Britain and Ireland or elsewhere, are desirous to subscribe money into a joint stock for the purpose of buying and selling lands in our said province; and whereas for the more convenient laying out of the sites of towns, and the greater facility of making roads in our said province, and for other objects of a public nature, it is expedient that the purchase of large tracts of land by associated individuals, and the re-sale thereof in smaller lots, should be facilitated as much as lawfully may be, therefore we further will, declare and ordain, that it shall be lawful for the said corporation from time to time to grant unto any number of persons being resident in our United Kingdom of Great Britain and Ireland, or in any other parts of our dominions, sufficient power and authority to subscribe any sum or sums of money into a joint stock for the purposes aforesaid, and to have perpetual succession, and to sue and be sued as a body corporate, in such manner and with such provisions, limitations and restrictions as to the said corporation shall seem meet : provided always, that no such body corporate shall have or enjoy any right, power, authority or privilege whatsoever, otherwise than solely for or in relation to the said pur- poses of purchasing and selling lands in our said province of South Australia. 35°. And we do further declare, will and ordain, that on every anniversary of the landing of the first body of colonists in our said province, or as nearly thereto as conveniently may be, the governor of our said province for the time being, or such other person or persons as shall be appointed for that purpose by the said corporation, shall make or cause to be made a census of the inhabitants of our said province, accurately distinguishing the number of male persons who shall have attained the full age of 21 years; and that every such census, as soon as conveniently may be after the making of the same, shall be published in one or more newspapers within the said province ; and that a copy of every such census, under the hand and seal of the governor of the said province, or such other person or persons as shall, for the purpose of making the said census be appointed by the said corporation, shall by the said corporation, as soon as they shall receive the same, be laid before our Principal Secretary of State for the Colonies for the time being. 26°. And we do further will, declare and ordain, that at such time, and so soon as it shall appear, by any such census published as aforesaid, that amongst the inhabitants of our said province there shall exist and be so many as or any greater number of male persons, having attained the full age of 21 years or upwards, then the governor of our said province shall, within the space of six calendar months at furthest next following the publication of such amount of adult male population, cause to be elected by the inhabitants of our said province an assembly of representatives, in such manner and according to such rules, regulations and provisions for the election of the said Assembly as shall be deter- mined by the said corporation, subject to the approval or disapproval of His Majesty's Principal Secretary of State for the Colonies for the time being. 37°. And we do further will, declare and ordain, that at some time within one calendar month after the election of any such assembly of representatives as aforesaid, the governor of our said provmce shall call together the members of the said assembly, and shall submit to them the followmg question, that is to say, " Whether the said assembly, as the repre- sentatives of the mhabitants of our said province, will undertake to discharge, within two years from the time then present, whatever debt may then be owing by the said province to the said corporation, and to provide funds for defraying all the costs, charges and expenses wtiatever of the future government of our said province;" and in case the said assembly shall determine the said question, or any part thereof; in the negative, then and in such ca?e, the governor shall immediately dissolve the said assembly; and within one month after a.year snail have expired from the day on which such assembly shall have been dissolved as afore- said, tfie governor shall cause another assembly to be elected, and shall submit to the same tne question hereinbefore recited; and so on from year to year„as often as any such assembly snail determine the said question, or any part thereof, in the negative ; and in case the„first or any subsequent assembly, so elected and called together as aforesaid, shall determine the question hereinbefore recited, and every part thereof, in the affirmative, and shall by a specific leso ution undertake on behalf of their constituents, the inhabitauts.of our saidprpvince, to S^^rk^"^-/' ■ *^° ^?''' ^'■°'" ^^^ ti'ne then present, whatever debt may then beowing Dy the said province to the said corporation, and to provide funds for defraving.all.the.cpsts,. •Charges and expenses whatever of the future government of the said provinci, then an^in sucn case, all such rights, capacities, powers, authorities and privileges relating to the local InnnVn^'H A *'»^^ ^'^'d provlncc, as by these presents are granted, conferred, ordained, 'minTcinS fna confirmed to the said corporation, together with all the obligations, engage- n^ .„.;!i ^'f 'Hies, pecuniary and otherwise, created or incurred by or under these presents, fmn^ th^°"^ ''"^'^^''" be as far as possible, and by these presents are, transferred 3 , T .^^"' ';0'"PO''ation to our subjects then or afterwards inhabiting our said province, ana to tneir posterity for ever, but subject, nevertheless, to such other or additional provisoes, limitations, . SELECT COMMITTEE ON SOUTH AUSTRALIA. 33 linaitations, and conditions, relating to the future constitution and government of our said to be formed by the province, as shall by us, our heirs and successors, with the authority of Parliament, be willed, K™g ^^^i ^^i" ^^- declared, ordained and enacted. ^^^^^ °f P^'^^" ment. 38°. And we do further will, declare, and ordain, that if on the occasion of the first jjj ^^^^ ^jje popu- eengus, which shall be taken as hereinbefore directed, next after the expiration of lation shoiild not years from the date of these presents, the number of male adults inhabiting our said province amount to shall be less than , then and in that case, the provisions hereinbefore ordained with ™ -Jt^^iu' ^^ *** respect to the management and disposal of the pubUc lands of our said province, shall yg^^gnt of the" thenceforth be deemed null and of no effect, and the entire control, management, and disposal mother-country. of the then remaining said public lands shall revert to us, our heirs and successors, to the same effect as if these presents had not been granted. 39°. And we do further will and direct, that these presents to the corporation aforesaid, j^^ fggg to be paid under the great seal of Great Britain and Ireland, shall be in due manner made and sealed for the charter, without fine or fee, great or small, to us in our Hanaper or elsewhere, and to our use there- fore, or any ways, to be rendered, paid or made. 40°. And we do further declare, will, and ordain, that if perchance hereafter it shall happen construction of the that any doubts or questions should arise concerning the true sense and meaning of any charter, clause, sentence or word contained in these presents, such interpretations, at all times and in all things, be made thereof and allowed in any of our courts whatsoever as shall be judged most advantageous and favourable to the said corporation and their successors. Provided always, that no interpretation be admitted thereof, by which the allegiance of the inhabitants of our said province due unto us,, our heirs and successors, may suffer any pre- judice or diminution. In witness whereof, we have caused these our letters to be made patent, witness ourself at our Palace at Westminster this day of in the year of our reign By Writ of Privy Seal. — No. Q. Copy of a LETTER from J^Lefevre, Esq. to W. W. Whitmore, Esq. m.p. Sir, Downing-street, 17 March 1834. t f^"'^' I AM directed by Mr. Secretary Stanley to communicate with you, as chairman of the w w wl^^^" *** provisional committee of the South Australian Association, in reply to a letter dated the p * Whitmore, 21st ultimo, addressed to him by the gentlemen composing that committee, transmitting for f-'M^r'h iSqa his consideration a copy of the draft of a proposed charter to carry into effect the objects of ""^ the Association. 1 am to express Mr. Stanley's regret that you were prevented from being present at a conference which took place between a deputation from that committee and himself on the ultimo, on which occasion Mr. Stanley communicated his general views upon the subject, and his objections to the plan then proposed to him. Mr. Stanley has since been led to believe that a minute of the discussion which took place at that conference has been made, and has been circulated amongst the members of the provisional committee. As no draft of any such minute has been brought under Mr. Stanley's notice, he cannot either admit or judge of its accuracy, and he therefore desires me (in order to prevent any misconception of his views) to recapitulate to you the substance of the opinion which he expressed at that conference. It was agreed to postpone the consideration of the evidence which might be in the possession of the parties as to the fitness or unfitness of the particular tract selected for the purposes of settlement, until it should have been ascertained how far the political views of the proposed company and iheir project of colonization might meet with the concur- rence of the Secretary of State. With reference to these points, and reserving the former question to be thereafter discussed, Mr. Stanley, in conformity with the views he entertained in August last, and which were communicated to you in his letter of the aad of that month, declared himself willing, unless prevented by any express or implied stipulation with the Australian Agricultural Company, to treat with a body of persons associated as a company, with an adequate subscribed capital, for the sale to such company of a large quantity of land in South Australia, at the price of 5s. per acre, with the understanding that the amount paid by the company for such land should be laid out in sending emigrants from this country to the colony, under the direction of the company, and with a guarantee on the part of the Government that, within a district of very considerable extent, no further land 0.21. e ' should 34 APPENDIX TO REPORT FROM THE No. 9. J. Lefevre, Esq. to W. W. Whitmore, £sq. M.F. 17 March 1834. should be sold by the Crown under the minimum price of 5s. per acre, reserving, however, to the Crown the power of selling any quantity either at or above that price. Mr. Stanley, however, signified that in consideration of this arrangement, the company should be bound to provide, for a given number of years, a fixed annual sum in payment of the expenses of the civil government, the officers of which were to be appointed by, the Crown, but that the company should be allowed to reimburse themselves for the amount which might thus be advanced by them towards these expenses, either by charging it as a debt on the colony, or by taking an equivalent in land. Mr. Stanley also stated, that out of the lands to be hereafter sold by the company or by the Government, a fund must be set apart for the purposes of enabling the Government to aftbrd assistance to the colonists in providing for education and religious instruction, not to be limrited to any exclusive church or denomination ; and he hkewise intimated that, when the population of the colony should have reached a given amount, his Majesty would take into consideration the propriety of giving to the inhabitants a share in the legislation of the colony, and in the control of its finances. Mr. Stanley pointed out to the deputation the important differences which existed between the plan which they then brought forward and that in which he had thus intimated his inchnation to acquiesce; and he most especially drew their attention to the strong objection which he felt to the interposition of a body of trustees between the Government and the parties actually interested in the intended colony. Mr. Stanley had hoped that the result of the conference to which I have adverted would have been such a proposal on the part of the provisional committee as Mr. Stanley would have felt himself justified in assent- ing to, but he regrets to perceive that the more matured plan which has been brought under his consideration in the shape of" the proposed charter for the South Australian Commis- sion," is very widely different from that which lie was inclined to sanction. Mr. Stanley perceives that the parties who bring forward this plan, and who stipulate for the withdrawal from the power of the Crown of the whole of a large territory, are not pre- pared to ensure the application, of more than a very small amount of capital to the purchase of any part of this territory, so small, indeed, as not to hold out a sufficient guarantee for their experiment being effectually set on foot. He perceives also that, as the proposed charter is framed, the whole active legislative power over the colony is to be taken from the Crown, and is to be placed in the hands of commissioners, not (except in the first instance) selected by the Crown, not removable, except for positive misconduct or neglect, not responsible, either to the colonists or to the Government at home, for the measure s which they may propose, and hot personally interested in the success of the undertaking which they are to conduct. On the other hand, the Secretary of State for the Colonial Department, who will be unable to carry into effect any measure whatever, however essential he may consider it to the welfare of the colony, will still have the task of checking and controlling the proceed- ings of this new legislative body, and will therefore basubject to the responsibility of the failure of the experiment, without being able to contribute to its success . Unless this important feature of the proposed charter is abandoned, unless the government of the colony is to be left in the hands of the Crown and its constitutional advisers, until it is able to govern itself, unless, in fact, the provisional committee of the Association find themselves able to assiniilate in a much greater degree their project to that which I have above sketched out as meeting Mr. Stanley's views, Mr. Stanley will be under the necessity of declining to proceed any further in this negotiation with the South AustraHan Association, a course which, the intrinsic merits of their plan, considered as a means of facilitating emigration, and the respect which he entertains for the distinguished individuals composing the committee, would lead him sincerely to regret. I am further to add, that, in the event of the Association ultimately deciding to treat for the purchase of a tract of land upon the terms above suggested by Mr. Stanley, Mr. Stanley vrould not object to the following stipulations being made in their favour, namely, that the itimimum price at which the Crown should sell any additional land to individuals should be somewhat higher than that at which the company should have purchased it ; and that a considerable part of the purchase-money of such additional land should be expended in promoting emigration upon such principles as might be hereafter agreed on by the Associa- tion and Her Majesty's Government, I am, &c. (signed) John Lefevre. SELECT COMMITTEE ON SOUTH AUSTRALIA. 35 —No. 10.— Copy of a LETTER from George Grote, Esq. m.p, to John Lefevre, Esq. South Australian Association, 7, John-street, Adelphi, Sir, 21st March 1834.. In the absence of Mr. Whitmore, the chairman of the Provisional Committee of the South Australian Association, 1 have the honour to acknowledge the receipt of your letter to him of the 17th instant, which has been submitted to the committee. The committee wish me to express, in the first place, their fear that their objects have not been thoroughly understood by Mr. Secretary Stanley. It is true, that at the interview to which. you refer, Mr. Stanley suggested, that the association should be a joint-stock company for the purchase and sale of land ; but this never was the object of the present association ; and I may add, that the proposal at the conclusion of your letter for bestowing land on such a company, at a lower price than that which should afterwards be paid by others, is directly contrary to one of the chief objects of the association ; viz. that in the intended colony, land should be uniformly sold upon equal terms to all applicants. In order to express what have been the objects of the association, I must briefly advert to the difference between a chartered colony and a Crown colony. A colony founded by charter is one example of that delegation of authority, which in perpetual succession has for ages been a leading principle of the British Government ; while a colony founded by the Crown is an example of that central authority, acting at whatever distance from the seat of government, by means of temporary agents, which is a leading principle of the French Government. In either case, however, the trouble, the responsi- bility, and the authority, necessarily go together. Now, the object of this association was to found a colony by means of an authority delegated in perpetual succession to certain persons who should incur the trouble and re- sponsibility of conducting the undertaking. Mr. Stanley objects to such a delegation of authority. It follows that he objects to a chartered colony ; for, of course, no body of persons would consent to take the trouble and responsibility of such an undertaking, without obtaining at the same time sufficient authority for carrying their objects into effect. But while the committee conceive that Mr. Stanley's determination puts an end to the project of a chartered colony, and though they would have very much preferred that mode of proceeding, they are of opinion that a Crown colony would be very desirable, provided that the Secretary of State in founding such a colony, should take effectual means to establish permanently, so as to leave no room for change by his successors, that system in the disposal of wasteland, and the purchase-money of such land, which has been recommended by this association. But in the founding of a Crown colony, the difficulty is to obtain funds for the purpose of government. It is not to be expected that Parliament should make a grant of money for that purpose; so that unless some other means can be devised for raising the necessary funds, Mr. Stanley's objection to a chartered colony will amount to a decree -against the colonization of South Australia. But the committee are inclined to believe that other means for defraying the expenses of a Crown colony may be employed with effect. They conceive that if the proposed method of treating waste land and immigration were permanently established, and securities given for good government, the prospect of the success of the colony would be such as to afford a fair probability that persons in England would be ready to advance, upon the security of the •future sales of land, and upon the security of the ordinary revenue of the colony, both a fund for supplying the richer colonists with labour until the immigration fund should be sufficient for that purpose, and a fund for defraying the charges of colonial government. Their present view of the subjects, founded on the assumption that your letter of the I7ih instant puts an end to the question of charter, is more fully explained by certain resolutions this day passed by the committee, of which 1 have the honour to enclose a copy. The committee, then, compelled to abandon the project of a chartered colony, yet trusting that the Crown may be disposed to establish permanently for South Australia the best mode of treating waste land and immigration, beg you will be so good as to inform Mr. Stanley that if he should intimate to them his intention of permanently establishing by Act of Parliament, the system for the sale of land and immigration by them suggested, coupled with securities for good government, they will, as a private but temporary society, exert themselves to promote the success of the measure. I have, &c. (signed) George Grote. I No. 10. G. Grote, Esq. m.p to J. Lefevre, Esq^ 21 March 1834. Resolved — That Mr. Lefevre's letter to Mr. Whitmore of the 17th instant, leaves no hope that his Majesty's Government will consent to the foundation of a chartered colony in South Australia, That in case his Majesty's Government will obtain from Parliament the authority neces- sary for planting a Crown colony in South Australia, provision being made in the Act for the permanent establishment of that mode of disposing of waste land, and of the purchase-money of such land, which has been recommended by this committee, coupled with provisions for good government, the South Australian Association shall continue its existence as a private and temporary society, for the purpose of promoting the success of the measure. 0.21. ■ e2 36 APPENDIX TO REPORT FROM THE ' —No. 11.— No. 11. Draft of Act referred to in No. 12. Draft of Act to (Private.) frame Laws, &c. ^^ ^^^ ^^ authorize his Majesty to frame Laws and appoint Officers for South Australia, — — "— and to appoint Commissioners for managing the Colonization of the said Province with respect to Waste Lands and Emigration ; and for raising Funds for the purposes of Colonial Government. Whereas that part of Australia which lies between the i32d and 141st degrees of east longitude, and between the Southern Ocean and the Tropic of Capricorn, together with the Islands adjacent thereto, consists of waste and unoccupied lands, which are supposed to be fit for the purposes of colonization; and whereas divers of His Majesty's subjects pos- sessing amongst them a considerable property, are desirous to embark for the said part of Australia, and on the said waste and unoccupied lands to establish themselves as a perma- nent colony ; and others of His Majesty's subjects, being in a state of great poverty and destitution, are desirous to accompany the said persons, and by them to be employed in reclaiming the waste lands of the said country, and bringing the same into a state of pro- ductive cultivation ; and whereas it is highly expedient that His Majesty's said subjects should be enabled to carry their said laudable purpose into effect ; and whereas, in divers colonics, serious evils have arisen from the want of any uniform and permanent system in the mode of disposing of the waste lands of such colonies, and it is expedient that in the said intended colony a uniform system in the mode of disposing of waste land should be permanently established ; and whereas for the planting of a colony and the maintenance therein of peace, order and good government, the exercise of certain powers and authorities is required, and considerable costs, charges and expenses must be incurred ; and whereas divers persons are wiUing to advance funds for the conveyance of poor persons to the said part of Australia, and for defraying the necessary costs, charges and expenses of governing the said intended colony, provided a uniform system for the disposal of waste lands in the said province be permanently established. May it therefore please Your Majesty that it 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 the present Parliament assembled, and by the authority of the same, that all that part of Australia which lies between the i32d and 141st degrees of east longitude, and between the Southern Ocean and the Tropic of Capricorn, together with all and every the Islands adjacent thereto, be erected into one separate and independent pro- vince, by the name of " South Australia ;" and that all and every person who shall at any time hereafter inhabit or reside within His Majesty's said province shall be free, and shall not be subject to or bound by any laws, orders, statutes or constitutions which have been heretofore made, or which hereafter shall be made, ordered or enacted by His Majesty as the laws, orders and statutes, or constitutions of any other part of Australia, but shall be subject to and bound to obey such laws, orders, statutes and constitutions as shall from time to time, in the manner hereinafter directed, be mad^, ordained and enacted for the government of His Majesty's said province of South Australia. And be it further enacted, that it shall and may be lawful for His Majesty, his heirs and successors, by an order or orders to be given by him or them, made with the advice of his of their Privy Council, to make, ordain (and subject to such conditions and restrictions as to him or them shall seem meet), to authorize or empower any three or more persons, resi- dent and being within the said province, to make, ordain and establish all such laws, 'insti- tutions or ordinances, and to constitute such courts and offices, and to impose and levy such rates, duties and taxes as may be necessary for the peace, order and good govern- 4nent of His Majesty's subjects and others within the said province. Provided that all such Orders in Council, and all laws and ordinances so to be made as aforesaid, shall be laid before both Houses of Parliament, as soon as conveniently may be ^fter the makmg and enacting thereof respectively, and that the same shall not in anywise be contrary or repugnant to any of the provisions of this Act. And be it further enacted, that it shall and may be lawful for His Majesty, his heirs and successors, to constitute and appoint a Board of Commissioners, to be called. ',' The Com- missioners of Waste Lands and Immigration for South Australia ;" and that the proper duty -and othce ot the said Commissioners shall be, to manage and dispose of the waste lands ot the said province, and the funds obtained by tlie sale thereof: provided always, that no part of the waste lands of the said province shall be disposed of except by public sale, for ready money ; and that the whole of the fund, from time to time received as the purchase- money of the said lands, shall constitute an immigration fund, and shall be employed in conveying poor persons from Great Britain and Ireland to the said province. And be It further enacted, that the poor persons who shall by means of ihe said immi- -gration fund be conveyed to the said province, shall, as far as possible, be adult persons of the two sexes in equal proportions. , And be it further enacted, that it shall and may be lawful for the said Commissioners, until the sale of waste lands m the said province shall have produced a fund sufficient to detiay the cost of conveying to the said province, from time to time; such a number of poor persons as may by the said" Commissioners be thought desirable, from time to time to borrow and take upon bond, or otherwise at interest, any sum or sums of money, for the ^ole purpose of defraying the cost of the passage of poor persons from Great Britain or Ireland to the said province ; and all such sums of money so borrowed or taken up as afore- said. SELECT COMMITTEE ON SOUTH AUSTRALIA. 37 said, shall be borrowed on the credit of, and be deemed a charge upon, the whole of the No. 1 1 fund to be obtained by the sale of waste lands in the said province; and it shall and may ' be lawful for the said Commissioners from time to time to appropriate all or any part of the income which may be obtained by the sale of public lands in the said province, in the pay- ment of interest on any such sum or sums borrowed and taken up as last aforesaid, or to the repayment of such principal sum or sums. And be it further enacted, that for defraying the necessary costs, charges and expenses (excepting always the purpose whereunto the said immigration fund is made solely appli- cable as aforesaid), it shall and may be lawful for the said Commissioners from time to time to borrow and take up on bond, or otherwise at interest, such sum or sums of money as His Majesty may require for the purposes aforesaid, upon the credit of the ordinary revenue, to be levied and collected as hereinbefore directed within the said province ; and the amount of any sum or sums of money, by the said Commissioners borrowed and taken up as afore- said, shall be deemed and taken to be a public debt, owing by the said province to the holders of such bond or bonds, or other security or securities, by the said Commissioners granted for the purpose aforesaid ; provided always, that such sum or sums of money as shall be borrowed and taken up at interest as last aforesaid, shall not exceed in the whole the sum of £. And be it further enacted, that as soon as the male adult population of the said province shall amount to , and the inhabitants of the said province shall, by means of a Repr'esentative Assembly (to be called by His Majesty, under such regulations and pro- visions as to His Majesty may seem meet), express themselves ready to liquidate the then existing debt owing by the said province to the holders of the bonds or securities aforesaid, and to provide for all the future costs, charges and expenses of governing the said province, then and in that case it shall and may be lawful for His Majesty, by and with the advice of his Privy Council, to frame, constitute and establish a constitution for the local government of the said province, in such manner, and with such provisoes, limitations and restrictions as shall by His Majesty, by and with the advice of his Privy Council, be deemed meet and desirable: provided always, that the mode hereinbefore directed of disposing of the public lands of the said province by the sale only, and of the fund obtained by the sale of such lands in the conveyance of poor persons to the colony, shall not be subject to alteration, but shall be deemed and taken to be, and the same is hereby declared to be, a fundamental article of the constitution or government of the said province. — Ko. 12.— Copy of a LETTER from John Lefevre, Esq. to George Grote, Esq. m.p. No. 12. Sir, ~ Downing-street, 15 April 1834. J. Lefevre, Esq. to I HAVE received and laid before Mr. Secretary Stanley your letter to me of the 21 st ult., G. Grote, Esq. m.p. and the resolution of the South Australian committee which it contained. 15 April 1834. I have also brought under his notice the rough draft of an Act furnished to me by Mr. Gouger, which has been suggested as advisable to be brought in for the purpose of founding & colony in South Australia. I am directed by Mr. Secretary Stanley to state to you that, approving of the general principles regarding emigration upon which the committee intended to found the proposed colony, he should not be unwilling to sanction the experiment, as defined in the draft of the Act before referred to (reserving to himself the power of suggesting such modifications as may appear to him to be necessary), if the following points could be sa,tisfactoril3- established : 1st. That the district pointed out for the colony is favourable in point of soil, climate ' and water for the establishment of a colony. 2d. That there are persons willing to purchase lands in the colony to an amount of not less than 35,000/. 3d. That there are persons willing to embark for the colony with a capital of not less than 50,000 1. 4th. That there are sufficient funds actually subscribed for and effectually guaranteed for the support of Such parts of the establishment; of the colony as may appear to his Majesty's Government to be absolutely essential (including a provision for religious instruction), dur- ing the periods and after the rates following ; viz. For the first three years _ - - 5,000 1, per annum. — next three years - - - 8,000 1. — — next four years _ _ - 10,000/. • — Mr. Stanley is well aware of the difficulty of satisfying this fourth condition, and he much doubts whether, upon the plan suggested in the draft for raising a loan for these purposes on the security of the current revenues of the colony, a sufficient fund could be obtained. At the same time, Mr. Stanley would not feel justified in consenting to the formation of any new colony at present, unless the revenues of the mother-country could be thus protected froin all expenses incidental to it. Mr. Stanley perceives that, without some provisional sanction of this scheme on his part, it would be almost impossible to ascertain the disposition of the public with respect to it; 0.21. e •', Ijut 38 APPENDIX TO REPORT FROM THE „o ,2 but he thinks that even such provisional sanction ought mot to be given, unless he should Lefevre Esq to be furnished with good grounds for believing that these points could be ascertained befoie Grote. Esq. M.p. a formal application should be made to Parliament on the subject. . Upon the several foregoing points, therefore, Mr. Stanley would be glad to see Mr. W hit- more, yourself, and any other three gentlemen of the committee who might think proper to accompany you, on Friday, the i8th instant, at one o'clock. No. 12. e, Es Esq 15 April 1834 I have, (signed) 8tc. John Lefevre. — No. 12*.— No. 13.* R. Gouger, Esq. to John Lefevre, Esq. 17 April 1834. Copy of a LETTER from E. Gouger, Esq. to John Lefevre, Esq. South Australian Association, 7, John-street, Adelphi, Sir, 17 April 1834. As honorary secretary of the provisional committee of the gouth Austrahan Association, I have the honour to acknowledge the receipt of your letter of yesterday's date. The same having been considered by a meeting of the committee held this day, they passed certain resolutions, of which I have the honour to enclose a copy, requesting that you will be so good as to lay it befoie Mr. Secretary Stanley before to-morrow at one o'clock, when a deputation, consisting of Mr. Whitmore, Mr. Grote, Mr. Clay, Colonel Torrens, Mr. Raikes Currie, Mr. Mills, and Mr. Pottinger, will have the honour of waiting upon Mr. Stanley. I have, &c. (signed) Robert Oouger, Hon. Sec. Resolved — That the draft of an Act cf Parliament, which has been delivered by Mr. Gouger to Mr. Lefevre as a private communication, and which is noticed in Mr. Lefevre's letter to Mr. Grote of the 16th instant, now read, be entered on the minutes. That Mr. Whitmore, Mr. Grote, Mr. Clay, Colonel Torrens, Mr. Raikes Currie, Mr. Mills, Mr. Pottinger, and Mr. Gouger be requested to form the deputation to wait upon Mr. Stanley to-morrow. That in the opinion of this committee, with reference to the four points which Mr. Stanley requires should be established, the deputation will be justified in stating. As to the first point, — That while they remind Mr. Stanley that all the facts ascertained respecting the soil and climate of South Australia have been submitted by them to his inspection, they do not hesitate to communicate to him their persuasion, that those facts fully justify all reasonable assurance in the fitness of the soil and climate for colonization. As to the second and third points, — That soon after it shall be known that His Majesty's Government have given a conditional sanction to the undertaking, in so far as to satisfy the public of its reality, there will in all probabihty be found persons ready to put down their names as future subscribers of 35,000 1, for waste lands, and to furnish ample proof of their intention to take to the colony a capital of 50,000/. As to the fourth point, — That in the event of the Bill passing into a law, no difficulty would be found in procuring a sum on loan sufficient to answer the current expenses of the colony, limited as they are by Mr. Stanley to 5,000/. per annum, for the first three years; 8,000/. - ditto - next three years ; 10,000/. - ditto - for the four years following. Such loan to be raised on the security of the colonial revenue. No. 13. Committee of South Australian Association to the Right Hon. T. Spriiig Rice. 4 June 1834. — No. 13.— Copy of a LETTER from the Committee of the South Australian Association to the Right Hon. T. Spring Rice. . 7, John-street, Adelphi, 4 June 1834. Ihe committee of the South Australian Association beg to represent to Mr. Secretary Rice, that the public undertaking in which they are engaged, and which has been matter of negocia±ion with His Majesty's Government during the last five months, is suflFering extremely from the delay which has occurred in giving to the measure, in an official shape, that sanction which the committee conceive it "to have already obtained in the Colonial Office. The committee, therefore, take this opportunity of expressing their hope that Mr. Secretary Rice will have the goodness to turn his earliest attention to the previous' coirespondence between the committee and Mr. Secretary Stanley on this subject. Keternng to Mr. Lefevre's letter to Mr, Grote, of the 15th of April, to the answer of the committee, dated the 17th ; to the interview also on the 18th of April, between Mr. Stanley and a deputation of the committee, at which Mr. Lefevre was present, and to the compli- ance by the committee on the 30th of April, with Mr. Stanley's only remaining wish, that they should fix on some price for pubhc land as fit to be inserted in the proposed Act of 1-arliament, Mr. Secretary Rice will see that the committee are still waiting for that otbcial communication which is conditionally promised to them in Mr. Lefevre's letter of the i6th of April. ^^ More SELECT COMMITTEE ON SOUTH AUSTRALIA. 39 More than a month has elapsed since the conditions on which that sanction was promised No, 13. h ave been complied with. While the committee know, that during that period circum- Comn.itiee of stances have prevented Mr. Stanley from giving any attention to this affair, they think South Australian it their duty, as well towards His Majesty's Government as to themselves, and to the persons Association to the who propose to settle in the new colony, to state to Mr. Secretary Rice, that if they are Right Hon. any longer prevented from announcing that the colony is to be founded as proposed, the T* Spring Rice, departure of the first expedition will be postponed to the worst season for making a first '^ ''""^ i°34- settlement in the southern hemisphere ; so that in point of fact (seeing how important it is that a new colony should be planted in the best season), mere delay may be the cause of disasters which none would regret more than His Majesty's Government. The committee intentionally avoid any mention of the principles and objects of the measure ; because they conceive that these were approved by the Colonial Ofiice, and they are unwilling to re-open a negotiation which was closed after having occupied several months. They address Mr. Secretary Rice only on the question of time ; but in doing so they may add, that an ofiicial sanction of the general plan only, and not the details, which would remain open to modification before the Bill shall be brought into Parliament, is all that they require at present, in order that the colony may be founded with due preparation, and in a manner creditable to all the parties concerned. They conclude, therefore, by earnestly requesting of Mr. Secretary Rice that he will be pleased to enable them, and the body of persons who intend to settle in the colony, to pro- ceed with the numerous measures of preparation on which the success of the colony must depend. — No. 14. — Copy of a LETTER from John Lefevre, Esq. to W. Whitmore, Esq. m. p. Sir, Downing-street, 17 June 1834. I AM directed by Mr. Secretary Spring Rice to acknowledge the receipt of a communi- cation from the committee of the South Australian Association, dated the 4th instant, regarding the projected colony in South Australia ; and I am to acquaint you that after an attentive perusal of the correspondence which has taken place between the committee and the colonial department on this subject, Mr. Spring Rice feels himself justified in signifying his intention to recommend to His Majesty's Government, that in case you should bring in a bill for the purpose of founding a colony in South Australia, upon the principles laid down in the rough draft of an Act of Parliament furnished by the secretary of the South Australian Association to myself, and adverted to in my letter to Mr. Grote of the 15th April last, His Majesty's Government should give the Sanction to their measure, pro- vided that before the second reading of the Bill it shall be made to appear to the satisfaction of His Majesty's Government that there are persons willing to embark for the colony with a capital of not less than 50,000 /. ; and provided also that there be contained in the Bill proper clauses for preventing its coming into operation, unless within a short time to be fixed by His Majesty's Government, the following conditions should be complied with (namely) ; 1st. That a sum of 35,000 Z. be vested in the names of trustees, or of the proposed Com- missioners, for the purchase of lands in the colony. 2d. That sufficient funds should be provided by the issue of bonds, as proposed in the rough draft before alluded to, for the support of such part of the. establishment of the colony as may appear to His Majesty's Government to be absolutely essential during the periods and after the rates following, i. e. : For the first three years 5,000 Z. per annum; for the next three years, 8,000/. per annum ; for the next four years, 10,000/. per annum; and that of the funds thus to be provided, 20,000 /. be actually paid up and vested in the public funds, or in Exchequer bills, in the names of trustees to be approved of by His Majesty's Govern- ment, as a guarantee fund for securing the punctual payment by the bondholders of the instalments which may be required from them. Mr. Spring Rice would further require, that as often as this fund of 20,000/. should be reduced to 15,000/., by the application of any part of it for the support of the establishment of the colony, the bondholders should be compelled to pay such further instalments of the sums agreed to be advanced by them as should make up the fund to its original amount of 20,000 /. I am further directed to observe that Mr. Spring Rice desires to be considered as inti- mating no opinion upon the fitness of the district which the association have selected for the intended colony, which must of course be a matter upon which those who propose to emi- grate must judge for themselves. I am also to add, that Mr. Spring Rice will deem himself at liberty to require the introduction of such provisions in the proposed Bill, as may upon further consideration appear to him necessary. I am, &c. (signed) J. Lefevre, No, 14. J. Lefevre, Esq. to W. Whitmore, Esq. M,p. 17 June 1834. — No. 15. — A Bill to erect South Australia into a British Province, and to provide for the Colonization No. 15. and Government thereof. _— _^_^ 1. Whereas that part of Australia which lies between the meridians of the i32d and t nP.DTPPH nf pQcf IrinnrifnHp anrl Kofmrpon +Vip ftr\nfViprr» OfpQn ami fVjt» T'mnir* nf r^nnri-. IAS inai pan 01 Ausrraiia wnicn lies netween rne meriaians or tne 132a ana 141st degrees of east longitude, and between the Southern Ocean and the Tropic of Capri- r with the Islands adiar.ent thereto, consists of waste and unoccupied lands, corn, together with the Islands adjacent thereto, consisus ui which are supposed to be fit for the purposes of colonization: 0.21. 6 4 And No. IS. ^^ APPENDIX TO REPORT FROM THE And whereas divers of His Majesty's subjects, possessing amongst them a considerable And whereas ".^^^"^^ °' ^, , f (^^ said part of Australia, and on the said waste and ToSiedlnrt: i bU^^^ p'ermanent colony ; and other of His Majesty's unoccupiea lanas to esi oovertv and destitution, are desirous to accompany the a;1l»,°fnd"b; .tSt b^re^pttredaMng th.„...e land, of the said c„u„.„. nS:4*^uThir/e.?r/.KrrMtS;Sd subjee. .ho.,d b. enabled .. "T„d''iTl"STSir-S WlU W arisen from the w».of any nnita ,nd permanent system in tbe mode of disposing of the waste lands of such colonies, and it ?s expedTent that'^in the said intended eolony a nn.fom system in the mode of disposing of waste lands should be permanently established : .1 • r j And whereas for the%lanting 6f a colony, and the maintenance therem of peace order, and good government, the exercise of certain powers and authorities is required, and consi- derable costs, charges and expenses must be incurred = , . ^, . And whereas divers persons are willing to advance funds for the conveyance of poor emigrants to the said part of Australia, and for defraying the necessary costs, charges and expinses of governing the said intended colony, provided adequate security be offered for the repayment of such advances : -i-.jj 1 And whereas the said persons deem the waste lands of the said mtended colony an adequate security for the advances of money to be employed m the conveyance of labourers to the said province, and the ordinary revenue to be raised therein an adequate security for the advances of money to be employed for defraying the expenses of founding and providing for the good government of the said colony, provided a uniform system for the disposal of waste lands, and of the money to be obtained for the sale of such lands in the said province, be permanently established : , . , . 1 j 1. -^ ^ j u tu v- . 2 May it therefore please Your Majesty that it be enacted, and be it enacted by the Kings Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons in Parliament assembled, and by the authority of the same, that all that part of Australia which lies between the meridians of the I32d and 141st degrees- and that all and every person who shall at any time hereafter inhabit or reside within His Majesty's said province shall be free, and shall not be subject to or bound by any laws^ orders, statutes or constitutions which have been heretofore made, or which hereafter shall be made, ordered or enacted by, for, or as the laws, orders, statutes or constitutions of any other pa'rt of Austraha; but shall be subject to and bound to obey such laws, orders,, statutes and constitutions as shall from time to time in the manner hereinafter directed be made, ordered and enacted for the government of His Majesty's said province of South Australia. 3. And be it further enacted, that it shall and may be lawful for His Majesty, his heirs, and successors, by any order or orders to be by him or them made, with the advice of his or their privy council, to make, ordain (and subject to such conditions and restrictions as to< him and them shall seem meet), to authorize and empower any one or more persons resident and being within the said province, to make, ordain, and establish all such laws, institutions, or ordinances, and to establish such courts, and appoint such officers, and to impose and levy such rates, duties and taxes as may be necessary for the peace, order and good government of His Majesty's subjects and others within the said province; provided that all such orders in council, and all laws and ordinances so to be made as aforesaid, shall be laid before both Houses of Parliament as soon as conveniently may be after the making and enacting thereof respectively, and that the same shall not in anywise be contrary or repugnant to any of the provisions of this Act. 4. And be it further enacted, that it shall be lawful for His Majesty, His heirs and suc- cessors, by warrant under the sign manual, to appoint three fit persons to be Commissioners to carry certain parts of this Act, and the powers and authorities hereinafter contained, into execution, and also from time to time at pleasure to remove any of the Commissioners for the time being, and upon every or any vacancy in the said number of Commissioners, either by removal or by death or otherwise, to appoint some other fit person to the said office, and- until such appointment it shall be lawful for the surviving or continuing Commissioners or Commissioner to act as if no such vacancy had occurred. 5. And be it further enacted, that the said Commissioners shall be styled " The Coloniza- tion Commissioners for South AustraUa," and the said Commissioners, or any two of them,, may sit from time to time, as they deem expedient, as a Board of Commissioners for carry- ing certain parts of this Act into execution. 6. And be it further enacted, that the said Commissioners shall cause to be made a seal of the said Board, and shall cause to be sealed or stamped therewith all rules, orders, and regulations made by the said Commissioners in pursuance of this Act, and all such rules, orders and regulations, or copies thereofj purporting to be sealed or stamped with the seat of the said Board, shall be received as evidence of the same respectively, without any fur- ther proof thereof; and no such rule, order or regulation, or copy thereof, shall be valid, or have any force or effect, unless the same shall be so sealed or stamped as aforesaid. 7. And be it further enacted, that the said Commissioners shall, and they are hereby empowered to declare all the lands of the said province to be public lands, open to pur- chase by British subjects, and to make such orders and regulations for the surveying and sale SELECT COMMITTEE ON SOUTH AUSTRALIA. 41 sale by auction of such public lands at such upset price as the said Commissioners may j^p^ j- from time to time de.em expedient, and for the letting of the common of pasturage of unsold ' portions thereof, as to the said Commissioners may seem meet, and to employ the funds from time to time received as the purchase-money of such lands, or as rent of the common Qf pasturage of unsold portions thereof, in conducting the emigration of poor persons from Great Britain or Ireland to the said province : Provided always, that no part of the said public lands shall be sold except by public auction for ready money, at an upset price which in no case and at no time shall be less than the sum of 12 s. sterling per English acre; provided also, that the sum per acre which the said Commissioners may declare during any period to be the upset price at which public lands shall be sold, shall be an uniform price, that is to say, the same price per acre, whatever the quantity or situation of the land put up for sale ; provided also, that the whole of the funds from time to time received as the purchase-money of the said lands, or as the rent of the common of pasturage of unsold portions thereof, shall constitute an " Emigration Fund," and shall, without any deduction whatsoever, be employed in conveying poor emigrants from Great Britain or Ireland to the said province ; provided also, that the poor persons who shall, by means of the said " Emigration Fund," be convej^ed to the said province, shall, as far as possible, be adult persons of the two sexes in equal proportions, and not exceeding the age of 30 years. 8. And be it ^further enacted, that the said Commissioners shall, and they are hereby empowered to appoint such person or persons as they may think fit, with such salaries as the said Comniissioners may deem necessary, to be the colonial commissioner and assistant surveyors, and other ofiicers for carrying this Act into execution respecting the disposal of the said public lands, and to remove such colonial commissioner or assistant surveyors or other oflScers at their discretion ; and on every or any vacancy in the said office of colonial commissioner, assistant surveyor, or other officer, by removal or by death or otherwise, to appoint, if they see fit, some other person to the said office. 9. And be it further enacted, that it shall and may be lawful for the said Commissioners to delegate to the said colonial commissioner, assistant surveyor, or other officer, or to any of them, such of the powers and authorities with respect to the disposal of the public lands of the said province, as the said Commissioners shall think fit ; and the powers and autho- rities so delegated, and the delegation thereof, shall be notified in such manner, and such powers and authorities shall be exercised at such places, for such periods, and under such circumstances, and subject to such regulations as the said Commissioners shall direct; and ;the said Commissioners may at any time revoke, recal, after or vary all or any of the powers and authorities which shall be so delegated as aforesaid. 10. And be it further enacted, that the said Commissioners may, and they are hereby empowered from time to time to appoint a secretary and all such clerks, messengers and officers as they shall think fit, with such salaries as the said Commissioners shall deem necessary, and from time to time, at the discretion of the said Commissioners, to remove such secretary, clerk, messenger, and officers, or any of them, and to appoint others in their ^tead. . 11. And be it further enacted, that every Commissioner and colonial commissioner to be appointed from time to time, shall, before he shall enter, upon the execution of his office, take the following oath before one of the Judges of His Majesty's Court of Common Pleas, or one of the Barons of the Court of Exchequer, or (in the case of such colonial commissioner) before the Judge of one of His Majesty's Courts in the said province ; (that is to say) ' "I, A.B., do swear, that I will faithfully, impartially and honestly, according to the besiof my skill and judgment, execute and fulfil all the powers and duties of a Commissioner [or colonial commissioner, as the case may be], under an Act passed in the fourth year of the reign of King William the Fourth, intituled [here set forth the title of this Act]. 12. And be it further enacted, that the said Commissioners shall, once in every year, at suehtime and in such form as His Majesty's Principal Secretary of State for the Colonies shall direct, submit to the said Secretary of State a full and particular report of their pro- ceedings; and every such report shall be laid before both Houses of Parliament within six weeks after the receipt of the same by the said Secretary of State, if Parliament be then sitting, or if Parlianient be not sitting, then within six weeks after the next meetiiig thereof. 13. And be it further enacted, that it shall and may be lawful for the said Commissioners, previously and until the sale of public lands in the said province shall have produced a fund sufficient to defray the cost' of conveying to the said province from time to time such a number of poor emigrants as may by the said Commissioners be thought desirable, from time to time to borrow and take up on bond or otherwise, at interest, any sum or sums of money for the sole purpose of defraying the cost of the passage of poor emigrants from Great Britain or Ireland to the said province, by granting and issuing to any person or per- sons willing to advance such monies, bonds or obligatory writings under the hands and seal of the said Commissioners, or of any two of them, which bonds shall be in the words or to the effect following ; (that is to say) South Australian Public Lands Bond. Know all men by these presents, that we whose hands and seal are hereunto subscribed and set, being the Commissioners appointed by His Majesty under and for the pur- poses of an Act passed in the fourth year of the reign of King William the Fourth, intituled, " An Act to erect South Austraha into a British Province, and to provide for the Colonization and Government thereof," do hereby acknowledge to have 0.21. f received 42 APPENDIX TO REPORT FROM THE No. 15. received of A. B. £. , which sum we promise to repay to the said A.B., his executors, administrators, or assigns (by indorsement thereon), with interest at the rate off. for lool. by the year, by half-yearly payments, at London, on three months' notice to be given in writing either by the said Commissioners to the said A. B., his executors, administrators, or assigns, or by the said A. B„ his executors, administrators, or assigns to the said Commissioners' secretary, or clerk, at their office aforesaid ; and for the true payment thereof in manner aforesaid, we bind ourselves and our successors in the penal sum of 200 /. In witness whereof the said Commissioners have caused their seal to be hereunto affixed, this day of 183 • And all such sum or sums of money so borrowed or taken up by means of the bonds or writings obligatory aforesaid, for the sole purpose aforesaid, shall be borrowed on the credit of, and be deemed a charge upon, the v^'hole of the fund to be received as the purchase- money of public lands, or as the rent of the common of pasturage of unsold portions thereof; and it shall and may be lawful for the said Commissioners from time to time to appropriate all or any part of the monies which may be obtained by the sale of public lands in the said province, to the payment of interest on any such sum or sums borrowed and taken up as aforesaid, or to the repayment of such principal sum or sums. 14. And be it further enacted, that for defraying the necessary costs, charges and expenses of founding the said intended colony, and of providing for the government thereof, (excepting always the purpose whereunto the said emigration fund is made solely appli- cable by this Act,) and for defraying. all costs, charges and expenses incurred in carrying this Act into execution, and applying for and obtaining this Act, it shall and may be lawful for the said Commissioners from time to time to borrow and take up on bond or otherwise, at interest, not exceeding per cent., any sum or sums of money required for the purposes last aforesaid, not exceeding in the whole the sum of 200,000 1., by granting and issuing to any person or persons willing to advance such monies, bonds or obligatory writ- ings, under the hands and seal of the said Commissioners, or any two of them, which bonds shall be in the words or to the effect following ; (that is to say) South Australian Colonial Revenue Bond. Know all men by these presents, that we whose hands and seal are hereunto subscribed and set, being the Commissioners appointed under and for the purposes of an Act passed in the fourth year of the reign of King William the Fourth, intituled, " An Act to erect South Australia into a British Province, and to provide for the Colo- nization and Government thereof," do hereby acknowledge to have received o( A. B. £. which sum we promise to repay to the said A.B., his executors, adminis- trators or assigns (by indorsement thereon), with interest at the rate off. for 100/. by the year, by half-yearly payments, at London, on three months' notice to be given in writing, either by the said Commissioners to the said A. B., his executors, administrators or assigns, or. by the said A. B., his executors, admmistrators or assigns, to the said Commissioners' secretary, at their office afore- said ; and for the true payment thereof in manner aforesaid, we bind ourselves and our successors in the penal sum of 200^. In witness whereof the said Commissioners have caused their seal to be hereunto affixed this day of 1834. ^ And all such sum or sums of money by the said Commissioners so borrowed and taken up as last aforesaid shall be, and is and are hereby declared to be a charge upon the ordinary revenue or produce of all rates, duties and taxes to be levied and collected as hereinbefore directed vyithin the said province, and shall be deemed and taken to be a pubhc debt owing by the said province to the holders of the bond or bonds, or other writings obligatory by the said Commissioners granted for the purposes last aforesaid. f, j j 15. And be it fiirther enacted, that it shall and maybe lawful for the said Commissioners at any time to borrow or take up any sum or sums of money, for any of the purposes of this Act, at a lower rate of interest than any security or securities previously o^iven by them under and by virtue of this Act, which may then be in force shall bear, and therewith to pay aforesaid '^^ ^""^ ^'"''^'"^ '^''""*^ °'" '^'^""*^^« '^^^""g ^ l»'gher rate of interest as M.'^;.^"'^ ^f '* ^"^*^'' enacted, that the Commissioners nominated and appointed by his S.Sr f'fll^.'^''y ^"« a^d be sued in the names or name of any one of such Com- Z obp hrn V ^^^'^^^'I'f^'^^ or clerks for the time being, and that no action or nam2 of .T^ oi" commenced by or against any of the said Commissioners in the name or ortfn„pH hi T °/ ?K C°""™>«f oilers, or their secretary or clerk, shall abate or be dis- them or ht%W . r f ""^ f ^ ""^ °^ ^""^ Commissioner, secretary or clerk, or any of the conLnf of .1.! A o""^ Commissioner, secretary or clerk, or any of them, without he Treta V 01 clerW r'!''°°T''^'^* '^^' ^^^^ "'^^ «f '^' said Commissioners or deLeTto L fW f •^??«•*^'i?^^^'"g *° the said Commissioners, shall always be suft provider] ^Lnv^^T. f or defendant (as the case may be) in eve;y such action or to extr^d to Ll!T' P "°*^-°^ ^'''''' """t^'"^'^ ^h^" be deemed, construed or taken or oStorv writing ^°™""r°""'^ ^-^^ '*^^" «'?"' ^^'^""^^ «•■ gi^« ^^Y of the bonds TeJeSeLZZ/' f^ authorized or directed to be givin personally, or their rfTh™re?s?botl^ed"a d :s r r^n fT'' '^''^ '"^ *'^ rrh °' ^"^ sionei, secretary or clerk, by reason of having been made plaintiff or defendant, or for any contract. SELECT COMMITTEE ON SOUTH AUSTRALIA. 43 contract, act, matter or thing whatsoever made or entered into in the honajide execution No. 15. af this Act, shall from time to time be defrayed by the said Commissioners out of the _^^__ money so borrowed and taken up as aforesaid. 17. And be it further enacted, that no person or persons convicted in any court of justice in Great Britain or Ireland, or elsewhere, shall at any time, or under any circumstances, be transported as a convict to the said province. 18. And be it further enacted, that as soon as the inhabitants of the said province shall amount to 50,000 souls, and shall by a majority of a representative assembly (to be called by His Majesty under such regulations and provisoes as to His Majesty, by and with the advice of his Privy Council, may seem meet) express themselves ready to liqui- date or take upon themselves the payment of the principal and interest of the then existing debt owing by the said province to the holders of the bonds, writings obligatory, or other securities aforesaid ; (that is to say) " The South Australian Colonial Revenue Bonds," and to provide for all the future costs, charges and expenses of governing the said pro- vince, then and in that ease it shall and may be lawful for His Majesty, by and with the advice of his Privy Council, to frame, constitute and establish a constitution of local o-Qvernment for the said province, in such manner and with such provisoes, limitations and restrictions as shall to His Majesty, by and with the advice of his Privy Council, be deemed' meet and desirable ; provided always, that the mode hereinbefore directed of disposing of the public lands of the said province by sale only, and of the fund obtained by the sale of such- lands, and the rent of the common of pasture of unsola portions thereof, in the convey- ance of poor emigrants to the said province, shall not at any time during which this Act shall remain in force be altered, varied or changed in any way whatsoever, but shall be deemed and taken to be, and the same are hereby declared to be, fundamental articles of the constitution and government of the said province. 19. And be it further enacted, that for the purpose of providing guarantee or security that no part of the expense of founding and governing the said intended colony shall fall upon the mother-country, the said Commissioners shall and are hereby empowered, out of the monies borrowed and taken up as aforesaid on the security of the said " South Australian Colonial Revenue Bonds," to invest the sum of 20,000 Z. (twenty thousand) in the purchase of Exchequer bills or other Government securities in England, and to hold the said Exchequer bills or other Government securities so long as may seem fit to His Majesty's Principal Secretary of State for the Colonies; provided always, that the interest and dividends accruing from time to time upon the said Exchequer bills or other Government securities shall by the said Commissioners be devoted to the purposes to which, as hereinbefore directed, the monies to be raised by the issue of the aforesaid "South ' Australian Colonial Revenue Bonds " are made applicable. 20. And be it further enacted, that until the said Commissioners shall by the granting and issuing of bonds and writings obligatory as aforesaid ; (that is to say) " South Austra- lian Cdonial Revenue Bonds," have raised the sum of 20,000 I., and have invested the same in the purchase of Exchequer bills or other Government securities, as hereinbefore directed, none of the powers and authorities hereby given to His Majesty, or to the said Commissioners, or to any person or persons, except as respects the exercise by the said Commissioners of such powers as are required for raising of money by means of and on the security of the bonds and securities last aforesaid, shall be of any effect or have any opera- tion whatsoever. — No. 16.— Copy of a LETTER from John Lefevre, Esq. to William Whitmore, Esq. m.p. N fi Sir, Downing-street, 12 July 1834. John Lefevre, Esq. I HAVE laid before Mr. Secretary Spring Rice the Draft Bill to erect South Australia to W. Whitmore, jnto a British Province, and to provide for the colonization and government thereof, and I E^. m.p. have received his directions to acquaint you, that although the Bill is drawn in con- 12 July 1834. formity with the rough drafts already submitted to this department, and the principles of which received Mr. Stanley's general approbation, as expressed in my letter of the 1 5th April to Mr. Grote, and although it is for the most part in conformity with the terms of my communication to you of the 17th June, yet the following points require alteration and modification. 1st. In the 4th section of the Bill, which enables His Majesty to appoint the Commis- sioners by a warrant under the sign manual, it should be stated that such warrant should be countersigned by the Secretary of State for the Colonies. 2d. The number of Commissioners should not be restricted to three. 3d. Section 7. — The Commissioners should have the power to alter and revoke the Regu- lations which may be framed under this clause. 4th. Section 7. — The emigration fund should be madeliablefor the expenses of the Board. 5th. Sections 8 & 10. — The Colonial Commissioners should be appointed by the Govern- ment ; but the other appointments connected with a Board should be made by the Board. The salaries, however, of all persons to be appointed should be fixed by the Treasury, and to be recommended from time to time by the same authority. 6th. Section 9. — The end of this section, which provides that notwithstanding the dele- gation of the powers, &c. of the Commissioners, they should act as if no such delegation had been made, appears to be contradictory in itself, and should be omitted. 7th. Section 12. — The Commissioners should report to the Secretary of State as often as he thinks fit, 0.21. _f 2 8th. 44 APPENDIX TO REPORT FROM THE Esq. M.P. la July 1834 .0. .5. 8th. Section H-The^-d ^E^^::^:^!^ if .l^uXstoa ttlhl Jo'w^S;:;^ =?/;;£ SC:t^^Uos. shouia be .placed out of the revenues " ' "^qth tecuLls'-lTh^rneyl be a debt d- f-m the colony J^^^^^^^ „^^^„, .avisable, but on the contrary, Mr. Rice conceives therefore that It IS oy ^^ .^^^^^ .^ ^^^^ ^.^^ that it would be prejudicial to *'*« /'^"J^-'^f that suggested in this section, for the a provision for calhng such a primary assembly a^ Jhatjugg ^ .^ ^^^^^ ^^ , ^^ ^^.^ purpose of sanctioning the debt. 1* ^PP^^^^^ *° ^'^^^^^^^ and to modify the proviso at- from this section a 1 ^^at relates to t^^^^^^^^ ^.^^^^J of the revenue tached to this section, by J^^l^""g„ J^' ^ 'i."^P^^^^^^^^^ of the Constitution. 'trSernr^Vri-Thr^^^^^^^ >« ^^^ names of trustees, lotti. oeciions ly 00 -lu^ ♦Vinco-twr. sections should be so altered as to bring 'I'StlSe'l-S.fntity cl...e see«,s to Mr. Rice to. extended ia i« ope«ta, and will require Mr. Rice's further consideration. . -^ . ,. * j v laS The preamble of the Bill should be materially curtailed. As it at presen stands it lays down maxims, and censures alleged practices, with a generahty necessarily mvolv- '"aiore°o';er, it does not appear to be within the power of the Legislature to enounce political pri^iciples. In conclusion I am to state, that although Mr. Rice does not at pre- sent perceive any other points in the Bill which demand his notice, he shall feel no hesitation in suggesting, as the Bill proceeds, such further amendments as he may deem necessary. I have, &c- (signed) John Lefevre.. No. 17. His Majesty may establish one or more provinces in. that part of Aus- tralia herein de- scribed. His Majesty may empower persons resident in the colony to make lawsi Such laws to be laid before the King in Council. — No. 17.— 4 & 5 Will. 4, c. 95. — An Act to empower His Majesty to erect South Australia into a British Province or Provinces, and to provide for the Colonization and Government thereof. 15 August 1834. Whereas that part of Australia which lies between the meridians of the I32d and 141st degrees of east longitude, and between the Southern Ocean and 26 degrees of south latitude, together with the Islands adjacent thereto, consists of waste and unoccupied lands which are supposed to be fit for the purposes of colonization ; and whereas divers of His Majesty's subjects possessing amongst them considerable property are desirous to embark for the said part of Australia : and whereas it is highly expedient that His Majesty's said subjects should be enabled to carry their said laudable purpose into effect : and whereas the said persons are desirous that in the said intended colony an uniform system in the mode of dis- posing of waste lands should be permanently established ; 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 it shall and may be lawful for His Majesty, with the advice of his Privy Council, to erect within that part of Australia which lies between the meridians of the 1324 and 141st degrees of east longitude, and between the Southern Ocean and the 26 degrees of south latitude, together with all and every the islands adjacent thereto, and the bays and gulfs thereof, with the advice of his Privy Council, to establish one or more provinces, and to fix the respective boundaries of such provinces ; and that all and every person who shall at any time hereafter inhabit or reside within His Majesty's said province or provinces shall be free, and shall not be subject to or bound by any laws, orders, statutes or con- stitutions, which have been heretofore made, or which hereafter shall be made, ordered or enacted by, for, or as the laws, orders, statutes or constitutions of any other part of Australia, but shall be subject to and bound to obey such laws, orders, statutes and constitutions as shall from time to time, in the manner hereinafter directed, be made, ordered and enacted for the government of His Majesty's province or provinces of South Australia. II. And be it further enacted, that it shall and may be lawful for His Majesty, his heirs and successors, by any order or orders to be by him or them made, with the advice of his or their Privy Council, to make, ordain, and subject to such conditions and restrictions as to him and them shall seem meet, to authorize and empower any one or more persons resi- dent and being within any one of the said provinces to make, ordain and establish all such laws, institutions or ordinances, and to constitute such courts and appoint such ofiicers, and also such chaplains and clergymen of the Established Church of England or Scotland, and to impose and levy such rates, duties and taxes as may be necessary for the peace, order and good government of His Majesty's subjects and others within the said province or provinces; provided that all such orders, and all laws and ordinances so to be made as aforesaid, shall be laid before the King in Council as soon as conveniently may be after the making SELECT COMMITTEE ON SOUTH AUSTRALIA. 45 making and enacting thereof respectively, and that the same shall not in anywise be con- j^o 17. trary or repugnant to any of the provisions of this Act. III. And be it further enacted, that it shall be lawful for His Majesty, his heirs and Commissioners ma.y. successors, by warrant under the sign manual, to be countersigned by His Majesty's Prin- be appointed to cipal Secretary of State for the Colonies, to appoint three or more fit persons to be Com- carry this Act into missioners to carry certain parts of this Act and the powers and authorities hereinafter contained into execution, and also from time to time at pleasure to remove any of the Com- missioners for the time being, and, upon every or any vacancy in the said number of Com- missioners, either by removal or by death or otherwise, to appoint some other fit persons to the said office; and until sach appointment, it shall be lawful for the surviving or continuing' Commissioners or Commissioner to act as if no such vacancy had occurred. IV. And be it further enacted, that the said Commissioners shall be styled, "The Colo- Style of Board of nization Commissioners for South Australia ;" and the said Commissioners, or any two of Commissioners, them, may sit from time to time, as they deem expedient, as a Board of Commissioners for carrying certain parts of this Act into execution. V. And be it further enacted, that the said Commissioners shall cause to be made a seal All Proceedings to of the said Board, and shall cause to be sealed or stamped therewith all rules, orders, and ^^ sealed. regulations made by the said Commissioners in pursuance of this Act; and all such rules, orders, and regulations, or copies thereof, purporting to be sealed or stamped with the seal of the said Board, shall be received as evidence of the same respectively without any further proof thereof; and no such rule, order, or regulation, or copy thereof, shall be valid or have any force or effect, unless the same shall be so sealed or stamped as aforesaid. VI. And be it further enacted, that the said Commissioners shall and they are hereby Commissioners to empowered to declare all the lands of the said province or provinces (excepting only por- make orders for the tions which may be reserved for roads and footpaths) to be public lands open to purchase ^^^® of land. ty British subjects, and to make such orders and regulations for the surveying and sale of such public lands at such price as the said Commissioners may from time to time deem expedient, and for the letting of the common of pasturage of unsold portions thereof, as to the said Commissioners may seem meet, for any period not exceeding three years ; and from time to time to alter and revoke such orders and regulations, and to employ the monies from time to time received as the purchase-money of such lands, or as rent of the common of pasturage of unsold portions thereof, in conducting the emigration of poor persons from Great Britain or Ireland to the said province or provinces : provided always, that no part of the said public lands shall be sold except in public for ready money, and either by auction or otherwise, as may seem best to the said Commissioners, but in no case arid at no time for a lower price than the sum of 12s. sterling per English acre; provided also, that the sum per acre which the said Commissioners may declare during any period to be the upset or selling price at which public lands shall be sold shall be an uniform price, (that is to say), the same price per acre whatever the quantity or situation of the land put up for sale; provided also, that the whole of the funds from time to time received as the purchase- Funds received as money of the said lands, or as the rent of the common of pasturage of unsold portions purchase-money to thereof, shall constitute an " Emigration Fund," and shall, without any deduction what- *°™? ^ ^^^ for con- soever, except in the case hereinafter provided for, be employed in conveying poor emigrants OTantf to^the^wo^ from Great Britain or Ireland to the said province or provinces ; provided also, that the vince. poor persons who shall, by means of the said " Emigration Fund," be conveyed to the said province or provinces shall, as far as possible, be adult persons of the two sexes in equal proportions, and not exceeding the age of 30 years. VII. And be it further enacted, that no poor person having a husband or wife (as the No poor person to case may be), or a child or children, shall, by means of the said "Emigration Fund," he allowed a pa;ssage obtain a passage to the said province or provinces, unless the husband or wife (as the case fa^y S ^ ^^* may be), or the child or children of such poor person, shall also be conveyed to the said veyed. province or provinces. VIII. And be it further enacted, that it shall be lawful for His Majesty, his heirs and 4 resident Commis- successors, by warrant under the sign manual, to be countersigned by His Majesty's Prin- ®'°p' *" ^^ ^P- cipal Secretary of State for the Colonies, to appoint a commissioner of public lands to be resident in the said colony, and to act under the orders of the said Board of Commissioners as hereinafter directed. IX. And be it further enacted, that the said Commissioners shall and they are hereby Treasurer and oth «mpowered to appoint such person or persons, as they may think fit, treasurer, assistant sur- officers may he veyors, and other officers, for carrying this Act into execution respecting the disposal of the ^nved ^^ said public lands and the purchase-money thereof, and to remove such treasurer or assistant surveyors or other officers at their discretion, and on every or any vacancy in the said office of treasurer, assistant surveyor, or other officer, by removal or by death or otherwise, to appoint, if they see fit, some other person to the said office. X. And be it further enacted, that it shall and may be lawful for the said Commissioners Powers may be de- to delegate to the; said colonial commissioner, assistant surveyor, or other officer, or to any •'cgated to colonial of them, such of the powers and authorities with respect to the disposal of the public lands ''°™°^^^°^6r. of the said province or provinces as the said CommisMoners shall think fit; and the powers and authorities so d&legated, and the delegation thereof, shall be notified in such manner, and such powers anc| authorities shall be exercised at such places, for such periods and under such circumstahces, and subject to such regulations, as the said Commissioners shall direct ; and the said Commissioners may at any time revoke, recal, alter or vary all or any of the powers and authorities which shall be so delegated as aforesaid. 0.21. /3 XI. And 46 APPENDIX TO REPORT FROM THE No. 17, Treasurers to re- ceive and pay all monies, and to give ccuiity. Accounts to be audited. ^pointment of officers. Commissioners to take oath. Salaries to be fixed by Lords of Trea- sury. Proceedings of Commissioners to be reported to Secre- tary of State, and laid before Par liament. Until sale of lands, money to be raised by bond for con- veying out poor emigrants. Power to borrow money to pay ex- penses of colony. XI And be it further enacted, that all monies under the control of the said Board of Commissioners shall be received and paid by the treasurers who may be appointed by the said Board and who shall give security for the faithful discharge of their duties to such amount and in such manner as to the same Commissioners may seem fit. XII And be it further enacted, that all accounts of the said treasurer shall be submitted to the Lords of His Majesty's Treasury, and be audited in the same manner as other public accounts. XIII And be it further enacted, that the said Commissioners may and they are hereby empowered from time to time to appoint a secretary, treasurer, and all such clerks, mes- seneers and oflScers as they shall think fit, and from time to time, at the discretion of the said Commissioners, to remove such secretary, treasurer, clerks, messengers, and officers, or any of them, and to appoint others in their stead. XIV And be it further enacted, that every commissioner and colonial commissioner to be appointed from time to time shall, before he shall enter upon the execution of his office,, take the following oath before one of the Judges of His Majesty s Court of Common Pleas, or one of the Barons of the Court of Exchequer, or (in the case of such colonial commis- sioners) before the Judge of one of His Majesty's courts in the said province or provinces ; (that is to say) "I, A. B., do swear, that I shall faithfully, impartially and honestly, according to the best of my skill and judgment, execute and fulfil all the powers and duties of a Commissioner [or Colonial Commissioner, as the case may be,] under an Act passed in the fifth year of the reign of King William the Fourth, intituled [here set forth the title of this Act]." XV. Provided always, and be it further enacted, that the salaries to be paid to all such persons as may be appointed to any office under this Act shall be fixed by the Lords of His Majesty's Treasury, and by them shall be revised from time to time as they may deem expedient. XVI. And be it further enacted, that the said Commissioners shall,at least once in every year, and at such other times and in such form as His Majesty's Principal Secretary of State for the Colonies shall direct, submit to the said Secretary of State a full and particular report of their proceedings ; and every such report shall be laid before both Houses of Pariiament within six weeks after the receipt of the same by the said Secretary of State, if Parliament be then sitting, or if Parliament be not sitting, then within six weeks after the next meeting thereof. XVII. And be it further (enacted, that it shall and may be lawful for the said Commis- sioners, previously and until the sale of public lands in the said province shall have pro- duced a fund sufficient to defray the cost of conveying to the said province or provinces from time to time such a number of poor emigrants as may by the said Commissioners be thought desirable, from time to time to borrow and take up on bond or otherwise, payable by instalments or otherwise, at interest not exceeding loZ. per cent, per annum, any sum or sums of money not exceeding 50,000 Z., for the sole purpose of defraying the costs of the passage of poor emigrants from Great Britain or Ireland to the said province or provinces, by granting and issuing to any person or persons willing to advance such monies, bonds or obligatory writings under the hands and seals of the said Commissioners or any two of them, which bonds or other obligatory writings shall be termed " South Australia Public Lands Securities;" and all such sum or sums of money not exceeding in the whole 50,000/. so borrowed or taken up by means of the bonds or writings obligatory aforesaid, for the sole purpose aforesaid, shall be borrowed on the credit of, and be deemed a charge upon the whole of the fund to be received as the purchase-money of public lands, or as the rent of the common of pasturage of unsold portions thereof; and it shall and may be lawful for the said Commissioners from time to time to appropriate all or any part of the monies which may be obtained by the sale of public lands in the said province or provinces to the payment of interest on any such sum or sums borrowed and taken up as aforesaid, or to the repayment of such principal sum or sums. XVIII. And be it further enacted, that for defraying the necessary costs, charges, and expenses of founding the said intended colony, and of providing for the government thereof, and for the expenses of the said Commissioners (excepting always the purpose whereunto the said emigration fund is made solely applicable by this Act), and for defraying all costs, charges and expenses incurred in carrying this Act into execution, and applying for and obtaining this Act, it shall and may be lawful for the said Commissioners from time to time to borrow and take upon bond or otherwise, payable by instalments or otherwise, at interest not exceeding 10 1, per centum per annum, "any sum or sums of money required for the purposes last aforesaid, not exceeding in the whole the sum of 200,000 /., by granting or issuing to any person or persons willing to advance such monies, bonds or'obhgatory writings under the hands and seals of the said Commissioners or any two of them, which bonds or other obligatory writings shall be termed " South Australia Colonial Revenue Securities ; " and all such sum or sums of money by the said Commissioners so borrowed and talien up as last aforesaid shall be and is and are hereby declared to be a charge upon the ordinary revenue or produce of all rates, duiies and taxes to be levied and collected as hereinbefore directed within the said province or provinces, and shall be deemed and taken t(> SELECT COMMITTEE ON SOUTH AUSTRALIA. 47 to be a public debt owing by the said province to the holders of the bond or bonds or other No. 17. writings obligatory by the said Commissioners granted for the purposes last aforesaid. XIX. And be it further enacted, that it shall and may be lawful for the said Commis- Commissioners mar sioners at any time to borrow or take up any sum or sums of money for any of the purposes reduce rate of in- of this Act, at a lower rate of interest than any security or securities previously given by terest. them under and by virtue of this Act which may then be in force shall bear, and therewith to pay off and discharge any existing security or securities bearing a higher rate of interest as aforesaid. XX. And be it further enacted, that in case it should so happen that the said Com- Lands of colony to missioners shall be unable to raise by the issue of the said colonial revenue securities the be deemed a coll^ whole of the said sum of 200,000 1., or that the ordinary revenue of the said province or ^^^^ security, provinces shall be insufficient to discharge the obligations of all or any of the said securities, then and in that case, but not otherwise, the public lands of the said province or provinces then remaining unsold, and the monies to be obtained by the sale thereof, shall be deemed a collateral security for payment of the principal and interest of the said colonial debt: provided always, that no monies obtained by the sales of public lands in the said province or provinces shall be employed in defraying the principal or interest of the said colonial debt, so long as any obligation created by the said South Australian public lands securities, shall remain undischarged : provided also, that in case after the discharge of all obligations created by the said South Australian public lands securities, any part of the monies ob- tained by the sale of public lands in the said province or provinces shall be employed to discharge any of the obligations created by the said colonial revenue securities, then and in that case the amount of such deduction from the said emigration fund shall be deemed a colonial debt owing by the said province to the Colonization Commissioners for South Austraha, and be charged upon the ordinary revenue of the said province or provinces. XXI. And be it further enacted, that the Commissioners nominated and appointed by Commissioners may His Majesty, as aforesaid, may sue and be sued in the name or names of any one of such sue and be sued in Commissioners, or of their secretary, clerk or clerks for the time being; and that no action the name of one or suit to be brought or commenced by or against any of the said Commissioners, in the the^'clerk'oTsecre- name or names of any one of such Commissioners, or their secretary or clerk, shall abate or tary. be discontinued by the death or removal of such Commissioner, secretary or clerk, or any of them, or by the act of such Commissioner, secretary or clerk, or any of them, with- out the consent of the said Commissioners, but that any one of the said Commissioners, or the secretary or clerk for the time being to the said Commissioners, shall always be deemed to be the plaintiff or defendant (as the case may be) in every such action or suit: provided always, that nothing herein contained shall be deemed, construed, or taken to extend to make the Commissioners who shall sign, execute or give any of the bonds or obligatory writings so hereby authorized or directed to be given personally, or their respective estates, lands or tenements, goods and chattels, or such secretary or clerk, or their or either of their lands and tenements, goods and chattels, liable to the payment of any of the monies so borrowed and secured by reason of their giving any such bonds or securities as aforesaid, or of their being plaintiff or defendant in any such action as afore- said ; but that the costs, charges and expenses of every such Commissioner, secretary or clerk, by reason of having been made plaintiff or defendant, or for any contract, act, matter or thing whatsoever made or entered into in the bona fide execution of this Act, from time to time be defrayed by the said Commissioners out of the money so borrowed and taken up as aforesaid. XXII. And be it further enacted, that no person or persons convicted in any court of Convicts not to be justice in Great Britain or Ireland, or elsewhere, shall at any time, or under any circum- transported to the stances, be transported as a convict to any place within the limits hereinbefore described, "colony. XXIII. And be it further enacted, that it shall and maybe lawful for His Majesty, by A Constitution to be and with the advice of his Privy Council, to frame, constitute and establish a constitution established when or constitutions of local government for any of the said provinces possessing a population of tbere shall be 60,000 50,000 souls, in such manner, and with such provisoes, limitations and restrictions as shall abitants. to His Majesty, by and with the advice of his Privy Council, be deemed meet and desirable : provided always, that the mode hereinbefore directed of disposing of the public lands of the said province or provinces by sale only, and of the fund obtained by the sale thereof, shall not be liable to be in anywise altered or changed otherwise than by the authority of His Majesty and the consent of Parliament; provided also, that in the said constitution of local government for the said province or provinces, provision shall be made for the satis- faction of the obligations of any of the said colonial revenue securities which may be unsatis- fied at the time ofiframing such constitution of the said province or provinces. XXIV. And be it further enacted, that for the purpose of providing a guarantee or secu- 20,000/. to be rity that no part of the expense of founding and governing the said intended colony shall invested in Exche- fall on the mother-country, the said Commissioners shall and are hereby empowered and fl"er bills as a required, out of the monies borrowed and taken up as aforesaid on the security of the said mothej^country.^ South Australian colonial revenue securities, to invest the sum of 20,000 I. in the purchase of Exchequer bills or other Government securities in England, in the names of trustees to be appointed by His Majesty ; and the said trustees shall hold the said Exchequer bills or other Government securities so long as may seem fit to His Majesty's Principal Secretary of 0.21. y4 State 48 APPENDIX TO REPORT FROM THE No. i'j. If after 10 years from the passing of this Act the popula- tion shall he less than 20,000 natm-al- bom subjects, lands to be liable to be disposed of by His Majesty. Powers of Commis- sioners not to com- mence untU the money is raised, except for that pur- pose. State for the Colonies; or shall, in case it shall seem fit to His Majesty's Principal Secre- tary of State for the Colonies, dispose of the same for any of the purposes to which the monies raised by the issue of the said South Australian colonial revenue securities are hereby made applicable : provided always, that if the said Secretary of State should dis- pose of any part of the said 20,000 L, a sum or sums equal to the sum or sums so disposed of shall be invested in the names of the said trustees by the said Commissioners, so that the said guarantee or security fund of 20,000 Z. shall not at any time be reduced below that amount : provided always, that the interest and dividends accruing from time to time upon the said Exchequer bills, or other Government securities, shall be paid to the said Commis- sioners, and by them be devoted to the purposes to which, as hereinbefore directed, the monies to be raised by the issue of the aforesaid South Australian colonial revenue bonds are made applicable. XXV. And be it further enacted, that if after the expiration of ten years from the passing of thsi Act the population of the said province or provinces shall be less than 20,000 natural- born subjects, then and in that case all the public lands of the said province or provinces which shall then be unsold shall be liable to be disposed of by His Majesty, his heirs and successors, in such manner as to him or them shall seem meet : provided always, that in case any of the obligations created by the said South Australian public lands securities should then be unsatisfied, the amount of such obligalions shall be deemed a charge upon the said unsold public lands, and shall be paid to the holders of such securities out of any monies that may be obtained by the sale of the said lands. XXVI. And be it further enacted, that until the said Commissioners shall, by the granting and issuing of bonds and writings obligatory as aforesaid, that is to say, " South Australian colonial revenue securities," have raised the sum of 20,000/., and have invested the same in the purchase of Exchequer bills, or other Government securities, as hereinbefore directed, and until the persons intending to settle in the said province or provinces and others shall have invested (either by payment to the said Commissioners, or in the names of trustees to be appointed by them,) for the purchase of public lands in the said province or provinces, the sum of 35,000/., none of the powers and authorities hereby given to His Majesty, or to the said Commissioners, or to any person or persons, except as respects the exercise by the said Commissioners of such powers as are required for raising money by means of and on the security of the bonds or securities last aforesaid, and for receiving" and investing the aforesaid sum of 35,000/. for the purchase of public lands, shall be of any efiect, or'have- any operation whatsoever. No. 18. R. I'orrens, Esq. to the Earl of Aberdeen, 13 February 1835. — No. 18.— Copy of a LETTER from B. Torrens, Esq. to the Earl of Aberdeen. _^ ^ South Australian Ofiice, 7, John-street, Adelphi. My Lord, 13 February 1835. In obedience to your Lordship's commands, I have the honour of submitting for your Lordship's consideration the names of gentlemen wilUng to act, under the Colonial-office,, as Commissioners for carrying into effect the Act of Parliament for colonizing South Austraha. I have also the honour of enclosing a letter from Mr. Palmer, stating his willingness to act, should your Lordship be pleased to appoint him as one of the Commissioners ; but, at the same time, expressing a wish to have the name of his son inserted in the Commission instead of his own. Since the retirement of Mr. Wolryche Whitmore the executive functions which he pei- lonned as chairman, have fallen upon me. Having much more leisure, and perhaps I may venture to add more knowledge of the object and principles of the proposed colony than the other gentlernen who are now willing to act as Commissioners, I am desirous, should the arrangement be approved and sanctioned by your Lordship, to continue, after the Com- mission shall be formed, to serve under the Colonial-office, as chairman, in the place of Mr. Wolryche Whitmore. ^ The Earl of Aberdeen. &c. &c. &c. ^^Bo^ert Torrens, Colonel Torrens, M. S. Mackinnon, Esq., m. p. William Hutt, Esq., m. p. George Palmer, Esq. John Wright, Esq. Jacob Montefiore, Esq. Samuel Mills, Esq, G. F. Angus, Esq. SELECT COMMITTEE ON SOUTH AUSTRALIA. 49 Dear Sir, Waring, 6 July 1835. In reference to the conversation which I had with you yesterday, in regard to tlie Com- mission, under the Act passed in the last session for the settlement of the south coast of New Holland, and understanding that the same will involve no personal responsibility on the part of the Commissioners, beyond that of acting to the best of their judgment and abilities on the part of His Majesty's Government, in arranging for the proper settlement of the country in question; I should have no objection to the same, if His Majesty's Govern- uient should think fit to insert my name in the Commission ; but I should feel much better .satisfied myself if my son's name was inserted instead of my own ; and from his time of life, the Commission would have more assistance from his services than I can have any reason to calculate upon giving them myself for any lepgth of time, his age being near 40, and mine considerably on the wrong side of 60. I have, &c. Lieutenant-Colonel Torrens. (signed) George Palmer. No. 18. R. Torrens, Esq. to the Earl of Aberdeen, 13 February 1835. — No. 19.— Copy of a LETTER from R. W. Hay, Esq. to M. Torrens, Esq. Sir, Downing-street, 16 February 1835. I AM directed by the Earl of Aberdeen to acknowledge the receipt of your letter to his Lordship of the 13th instant, inclosing the names of various gentlemen willing to act under his Lordship's authority as Commissioners for carrying into effect the Act of Parliament for colonizing Southern Australia. Lord Aberdeen considers it to be an essential preliminary to the further discussion of this subject, that it should be distinctly understood whether the proposed Commissioners are or are not to be accountants to the Crown, and personally responsible for the receipt and application of the money to arise from the sale of lands in the proposed colony. By the gth clause the power of appointing a treasurer and other officers, and of removing such treasurer and officers, and of appointing successors, is given to the Commissioners ; and by the 11th section it is declared that all monies under the control of the Board shall be received and paid by the treasurers so appointed, who are to give securities for the faithful discharge of their duties to such amount, and in such manner as to the said Commissioners may seem fit. The following clause, the 12th, enacts, that all accounts of the treasurer shall be submitted to the Lords of Her Majesty's Treasury, and be audited in the same manner as other public accounts. The Act also gives to the Commissioners extensive powers of selling or leasing land, of receiving and applying the purchase-money or the rent, and of taking up large sums at interest. The 21 st section absolves the Commissioners from personal liability to the lenders for any loans which they may so raise, or on any bonds which they may issue. But Lord Aberdeen does not perceive in this Act any declaration that the Commissioners shall not be accountable to the Lords of the Treasury for the receipts and payments effected by their treasurer with their order or concurrence. His Lordship presumes that all the money which they shall receive as Commissioners must be considered as part of the King's revenue, and that the Commissioners not being a corporate body, must be regarded only as His Majesty's agents (though appointed under the authority of Parhament) for the management, receipt and expenditure of that part of the revenue of the Crown. The trea- surer being their nominee, liable to removal at their bidding, and by no other authority, and giving securities, subject only to their approbation, would seem to be, in effect, their agent, for whose acts they would be answerable to the Lords of the Treasury. In confirma- tion of this view of the subject, it may be noticed that the governor of New South Wales -(in common with the governors of His Majesty's other colonies) is held responsible to the Lords of the Treasury, for all issues of money made by the colonial treasurer, with his sanction, although the colonial treasurer is appointed, and, when necessary, removed by the Crown, and enters into such securities as the Lords of the Treasury prescribe. Lord Aberdeen being led to apprehend, from the terms of your letter, and from the language of the enclosures, that the gentlemen proposing to act as Commissioners con- sider themselves as completely irresponsible to the Lords of the Treasury, his Lordship thinks it right that their attention should be distinctly drawn to the question, in order that they may, if necessary, ascertain by consulting His Majesty's attorney and Solicitor-general, what would be the legal consequence in this respect, of their undertaking the proposed trust. You will have the goodness to understand that Lord Aberdeen does not intimate, as in fact he has not formed any decided opinion upon this matter, but thinks it of such essentia] importance and involved in such obscurity, as to require a solution of the question on the highest accessible authority, before the discussion advances further. I have, &c. (signed) E. W. Hay. No. ig. R. W. Hay, Esq. to R. Torrens, Esq. 16 February 1835. 0.21. 50 APPENDIX TO REPORT FROM THE No. 20. R. Torrens, Esq. to ll.W.Hay, Esq. 3 March 1835. —No. 20.— Copy of a LETTER from R. Torrens, Esq. to R. W. Hay, Esq. South Australian OflSce, John-street, Adelphi, Sir, 2 March 1835. I HAVE the honour to acknowledge the receipt of your letter of the 16th ult., stating^ that Lord Aberdeen considers it to be an essential preliminary to further discussion respect- ing the proposed colony in Southern Australia, that it should be distinctly understood whether the proposed Commissioners are or are not to be accountants to the Crown, and personally responsible for the receipt and application of the money to arise from the sale of lands in the proposed colony; and that his Lordship thinks this matter of such inaportr- ance, and involved in such obscurity, as to require a solution of the question on the highest possible authority. In reply, I have the honour to state, that as several of the proposed Commissioners are acquainted, as well personally as professionally, with Mr. Freshfield, the solicitor for the Bank of England, and have confidence in his "ability and legal knowledge; it was con- sidered advisable, in the first instance, to apply to him for advice. I therefore placed the Act of Parliament, with your letter of the 16th ult., in the hands of Mr. Freshfield, and requested him to favour me with his opinion in writing, upon the several questions to which: Lord Aberdeen desired that the attention of the proposed Commissioners should be called.. Mr. Freshfield's answer I have now the honour to enclose. Should the opinion of Mr. Freshfield be correct, it will follow, that no public money raised by the Commissioners under the provisions of this Act, can be either received or paid by them ; that all such money must be received and paid by the treasurer ; and that the Commissioners will have no power to order the treasurer to make any payments except for purposes specified by the Act. Though by the Act of Parliament the treasurer is to be appointed and to be removable by the Commissioners, and is required to give such securities as they may think fit ; yet, as the Commissioners are themselves to be the nominees of the Secretary of State for the colonies, and to be removable at his pleasure, they will merely be the agents of the Colonial Ofiice, at all times subject to its authority and control, and wilt never be in a position to exercise their functions in appointing or removing the treasurer, or in takino- the proper amount of securities, without the express sanction and direction of the Secretary of State and of the Lords of the Treasury. I therefore respectfully submit, that the provisions of the Act of Parliament with respect to the treasurer may be complied with, and complete security afforded for the due applica- tion of such portions of the revenues of the Crown as may be raised under the authority of the Act, if the functions of the Commissioners with respect to the appointment of treasurer be hmited to submitting, for the consideration of the Secretary of State for the Colonies, the- name of a gentleman willing to co-operate with them in the capacity of treasurer, in giving effect to the regulated and self-supporting plan of emigration upon which the proposed colony is to be estabhshed, and prepared to give such securities for the faithful performance of the duties of his trust, as the Lords of the Treasury may prescribe. I have, 8cc. (signed) R. Torrens. Dear Sir, New Bank Buildings, 27 February 1B35. I HAVE carefully perused the Act 4 Sts Wm. 4, c. 95, to empower His Majesty to erect South Australia into a British province, &c., and Mr. Hay's letter to you of the 16th instant. It is distinctly stated by Mr. Hay, that " Lord Aberdeen has not formed any decided opmion upon this matter," otherwise I should have felt so much deference as to disincline- me to express myself with any degree of confidence, and should have recommended an appli- cation to the law officers of the Crown ; but taking Mr Hay's letter as an invitation to you to. state the view entertained on your part, I have no hesitation in stating it as my opinion, that the Commissioners are not to be accountants to the Crown, nor responsible for the receipt and application of the money made subject to their control by the Act of Parha- ment; of course they would be liable for any personal corruption in the exercise of their powers, and for the application of the money to purposes not within the authority of the Act, but that liability is common to every person accepting a trust, The Act of Parliament enables the Commissioners to sell lands, receive rents, and to raise money for the purposes of the Act byway of loan, but the nth section expressly directs " that all monies under the control of the said Board of Commissioners shall be received and paid by the treasurer to me ;" it therefore appears clear, that not only is the treasurer not the agent of the Board, but that in the receipt of the money he is a perfectly independent officer, whose receipt is absolutely necessary to discharge a purchaser or other person liable to pay money, and who, though acting under the control of the Commissioners, is bound by the terms of the Act of Parliament, and would not be warranted in applying money contrary to its directions. The treasurer is to be appointed by the Commissioners, and to give such security as thev may think fit, but it might be satisfactory to the colonial department to have it distinctly understood, that the Board would appoint any person, and to take any amount of security to SELECT COMMITTEE ON SOUTH AUSTRALIA. 51 to be proposed by the Secretary of State, or they may act in these respects subject to the No. 20. approval of the Secretary of State, if that course is preferred. R. Torrens, Esq. to t would submit, that the case of the governors of His Majesty's colonies does not bear R> W. Hay, Esq. strictly upon the present question. The governors, by the orders they give, do in effect ^ March 1835. draw upon the colonial treasury for money, which becomes a charge upon them to be dis- — ~— — ' — charged by the regularity of the application, nor has the treasurer any means of knowing ^hat is or is not a proper application of the money in his hands, and other reasons might be given to show the different relation in which persons holding that character stand to the Crown, and which, in my opinion, renders that necessary in the one case, while in the other iit is virtually excluded by the Act of Parliament. I return the papers. I have, &,c. Colonel Torrens, (signed) J. W. Freshfield. &c. &c. — No. 21. — Copy of a LETTER from R. W. Hay, Esq. to the Honourable J. Stewart. No. 21. R. W. Hay, Esq. to Sir, Downing-street, 7 March 1835. Hon. J. Stewart, I AM directed by the Earl of Aberdeen to transmit to you, for the information of the Lords 7 March 1835. Commissioner of the Treasury, the copy of a letter addressed by his Lordship's desire to Lieut.-colonel Torrens, one of the gentlemen proposing to act under his Lordship's authority 16 February 1835. ■BS Commissioners for carrying into effect the Act of Parliament for colonizing Southern 2 March 1835. Australia. I have further to transmit a copy of Colonel Torrens's answer to that communi- xjation, together with a copy of the Act above referred to. The Lords Commissioners of the Treasury will not fail to observe, that the principal point of discussion to which this correspondence relates, is, whether the proposed Commissioners are, or are not, to be accountants to the Crown, and personally responsible for the receipt and application of the money to arise from the sale of lands in the proposed colony. The view taken of this question by the Earl of Aberdeen is so fully stated in the letter addressed by his Lordship's desire to Colonel Torrens, that it appears unnecessary that I should offer any further explanations to enable their Lordships to enter upon the consideration of this subject; and I have, therefore, only to express the desire of Lord Aberdeen, that you will take an early opportunity of laying the accompanying papers before their Lordships, with •the request that they will be good enough to state for his information, in what sense, and to what extent, it is their opinion that the Commissioners to be appointed under the pro- visions of the Act of Parliament before referred to, should be held responsible for the receipts .and payments effected with their order or concurrence by the treasurers of the settlement, who, as their Lordships will observe, are to be appointed by, and held responsible to the -Commissioners, giving to them such securities as the latter shall think fit to require for the faithful discharge of their duties. I am, &c. (signed) R. W, Hay. — No. 22. Copy of a LETTER from the Honourable J. Stewart to R. W. Hay, Esq. Sir, "Treasury Chambers, 4 April 1835. I AM commanded by the Lords Commissioners of His Majesty's Treasury to transmit herewith copy of a report from the Commissioners of Audit, dated 30th ultimo, on your letter dated 7th ultimo, relative to the proposed settlement at South Australia. 1 have it in command to request you will state to the Earl of Aberdeen that my Lords concur in the opinion therein submitted to them by the Board of Audit, that so long as the powers vested in the South Australian Commissioners by the Act 4 8c 5 Will. 4, c. 95, in regard to the monies to be raised and applied under its provisions, are duly exercised, and not exceeded by the Commissioners, they will not become personally responsible or accountable to the -Crown for those monies. I have, &c. (signed) J. Stewart. No. 22. Hon. J. Stewart t» R.W. Hay, Esq. 4 April 1835. My Lords, Audit-Office, Somerset-place, 30 March 1835. We beg leave to acknowledge a letter from the Hon. J. Stewart, dated the 21st instant, transmitting to us a letter from Mr. Hay, and its enclosures, herewith returned, communi- "Cating to your Lordships the desire of the Secretary of State, to be informed iii what sense and to what extent the Commissioners to be appointed under an Act 4 8c 5 Will. 4, c. 95, for colonizing Southern Austraha, should be held responsible for the receipts and payments to be effected by their orders or with their concurrence by the treasurers of the settlement ; and Mr. Stewart desires us to report to your Lordships our opinion as to the party or parties 0.21. ff 2 ' who 52 APPENDIX TO REPORT FROM THE No. 22. ^yjjQ g^g ^Q i^g jjgjjj responsible to the Crown under the provisions of the Act, for the proceeds E W ija ^r *^ °^ ^^^ ^^^^ ^^^^^> ^""^ ^°^' '■^"''^""S P^P?"" accounts of the proceeds, taking, if we should . Anril iR'^'/r ^'^' ^^^m it necessarv, legal advice on the subject. _____ Upon which we beg leave to report, that upon an attentive consideration of the provisions of the 4 & 5 Will. 4, c. 95, and also with reference to the general tenor of the provisions of law respecting the public accounts, and to the accounting for the receipt and expenditure of public money, it appears to us that the treasurer or treasurers whom the Commissioners are empowered to appoint under the 9th and 13th sections of the Act, and who are directed by the 11th section to receive and pay all monies under the control of the said Commissioners, are thereby (and one of them at least, if not both, also in a still more direct manner by the 1 2th section of the Act), constituted the accountants for all such monies, and will have to account for the receipt and application of the proceeds of all sales of land ; and that the Commissioners in England, or their delegate in the colony, cannot be held personally liable, in respect of the receipt and appropriation of those funds, or called upon to account for the same, either to the Treasury, the Secretary of State, or the Governor, should the King ap- point one. We likewise apprehend that the Commissioners are not answerable to any other authority for the exercise of the discretionary authority vested in them in respect of such monies, so long as the same are appropriated in the manner and for the purposes directed by the Act, and the powers thereby vested in the Commissioners are not exceeded by them. But we are at the same time of opinion, that they might become personally Uable for the amount of any surcharges in the treasurer's account, in respect of payments made by him under their authority out of the " Emigration Fund," contrary to the express provisions of the Act. With regard to the monies to be raised in England on bond or otherwise under the pro- visions contained in the 17th, 18th, and last section of the Act (and which may apparently amount in all to 285,000 Z.,) until sufficient funds shall have been provided by the sale of lands or otherwise in the colony for the purposes of the Act, the Commissioners will, as we apprehend, become liable as accountants only in respect of such monies as may be paid to themselves ; so that if they should appoint trustees as contemplated in the last section, with respect to the 35,000 1., and also a treasurer in England, where, as we apprehend, the prin- cipal expenditure will for some time necessarily take place, and where there must be an accountant or accountants independently of the treasurer in the colony, such treasurer or accountant in England will receive and disburse, under the authority and directions of the commissioners, the monies to be raised at home, and the Commissioners will not be otherwise responsible than for a due exercise of the authority vested in them, as to the appropriation of the funds. With respect to any funds that may be raised in the colony otherwise than by sales of land, namely, by any local rates, taxes or duties, or by fees or fines, or in any other manner, it would seem, according to the provisions of the Act, " that all such revenues are to be imposed, raised, kept and expended by officers to be appointed by the Crown, and under rules and regulations to be made by such local and government authorities, and afterwards laid before the King in Council, so that the " Colonization Commissioners " would not incur any responsibility with regard to any such funds. We beg leave to add, that having consulted with our solicitor, Mr. Walford, on the sub- ject of your Lordships' communication. We find that he agrees generally in the opinion we have exi)ressed, and we have not therefore thought it advisable, considering the delay which might thereby ensue, to direct him to submit the questions proposed to us by your Lordships to the law officers of the Crown. We have, &c. (signed) F. L. Larpent. ^ ^ „. IV. F.Luttrell. m,. - , lo the Right Hon. Henry Arbuthnot. Ihe Lords Commissioners of H. M. Treasury, 8lc. &c. &c. — No. 23. Rt. Hot'c Grant ^""^^ °^ ^ LETTER from the Right Hon. C. Grant to R. Torrens, Esq. m. p. to II. Torrens, Esq. a- 27 April 1835. T 1. J 1 Downing-street, 27 April 1835. , ^ HAVE had under my consideration the letter which you addressed to the Earl of Aber- aeen, under date of the 13th February last, submitting the names of certain gentlemen who are ready to act under this department as Commissioners for carrying into eflPeCt the pro- visions ot the Act of Parliament for colonizing South Australia, and I have to acquaint you tnat 1 see no reason to doubt that the parties whose names are stated underneath, may with propriety be accepted by His Majesty's Government as members of the commission, w^"!'"a^'°T.' Torrens, Chairman. John Wright, Esq. W A. Mackinnon, Esq. m. p, Jacob Montefiore, Esq. W. Hutt, Esq. M. P. Samuel Mills, Esq. Oeorge Palmer, Esq. jun. George Fife Angus, Esq. Havins SELECT COMMITTEE ON SOUTH AUSTRALIA. 53 Having understood that it has been considered desirable to appoint a Commissioner who pj. jj. n C may be the representative of this department, I have selected Edward Barnard, esq , one of jq h^ Torreiis Esa the agents-general for the colonies, and formerly agent for the AustraHan provinces, as a 27 April 1835. member of the commission. I am, &c. (signed) C. Grant. — No. 24. — Copy of a LETTER from Rowland Hill, Esq. to Sir George Grey, Bart. m.p. South Australian Commission, 62, Lincoln's-inn-fields, Sir, 22 May 1835. No. 24. I AM directed by the Commissioners for South Australia to lay before you a copy of the R. Hill, Esq. to correspondence between them and Colonel Napier. Sir G. Grey, Bart. I have, &c. m.p. aa May 1835. (signed) Rowland Hill, Secretary. — — ^ Gentlemen, London, 20 May 1835. Having stated to Lord Glenelg that I cannot accept the government of the South Aus- tralian colony without troops, and the power to draw upon the British Government for money, in case of need, his Lordship begged of me to tell you my reasons for the resolution which I have formed. These reasons are as follows : 1st. With regard to the money. That while sufficient security exists for the supply of labour in the colony, and even forces that supply, there does not appear to be any security that the supply of capital will be sufficient to employ that labour ; and, if it be not em- ployed, the consequences must be disastrous. I therefore deem it necessary to have the means of meeting this and other accidents which cannot be foreseen, but which inevitably arise in the execution of all experiments ; and the plan of this colony is an experiment. 2dly. With regard to soldiers. I will not attempt to govern a large body of people in a desert, where they must suffer considerable inconvenience (if not hardships), without I have a force to protect what is good against that which is bad ; and such a force is the more necessary where, as in Australia, the supply of spirituous liquors will be abundant. The colony will be a small colony, without discipline, suffering more or less from privation, and with plenty of liquor. Experience has taught me what scenes this would produce, unless the leader had a controlling physical force. Such are my demands, and my motives for making them. I admit that these dangers, as regards capital, may not arise ; but unless there is proof that they cannot arise, they ought to be prepared for ; and there is, in my opinion, no excuse for not being so prepared. I have, &c. (signed) Charles James Napier, Colonel. The Colonization Commissioners for South Australia, &c. &c. &c. South Australian Commission, No. 62, Lincoln's-inn-fields, Sir, 22 May 1835. I AM instructed by the Colonization Commissioners for South Australia to acknowledge the receipt of your letter of the 20th instant, stating that you have informed Lord Glenelg that you cannot undertake the government of the new colony, unless provided with troops and empowered to draw on the British Government for money, in case of need, and giving your reasons for this determination ; and I am directed to inform you, that though the -Colonization Commissioners for South Australia feel it to be their imperative duty to adopt arrangements, subject to the sanction of His Majesty's Government, for preserving order and securing obedience to the laws in the new colony, and also to provide against the possi- bihty of the voluntary emigrants whom they may send out being exposed to destitution and want, yet they do not at present deem it expedient to detail the arrangements and provisions which they may hereafter, and upon mature deliberation, recommend for adoption. At the same time, they cannot withhold the expression of their opinion that your demand for a body of troops, and for a large sum of public money to be placed at your disposal, is at variance with the self-supporting principle upon which the new colony is to be established. The most flourishing British colonies in North America were founded without pecuniary aid from the mother-country, and without the aid of a military force, though planted in the immediate neighbourhood of warlike Indian nations. The Colonization Commissioners believe that the self-supporting principle, which proved so eminently successful with respect to the first British colonies in North America, will not, in South Australia, involve any of the dangers against which your demands are intended to provide. I have, &c. (signed) Rowland Hill, Secretary. To Colonel Napier, c.s., 88, High-street, Portsmouth. 0.21. g 3 54 APPENDIX TO REPORT FROM THE —No. 25.— Copy of a LETTER from R. Torrens, Esq. to Lord Glenelg. South Australian Colonial OfHce, Adelphi-terrace, No, 25. My Lord, 14 December 1835. R, Torrens, Esq. As the preliminary conditions of the Act of Parliament have been complied with, and as to Lord Glenelg, the preparations for the departure of the first expedition to South Australia are now rapidly 14 Dec. 1835. advancing, the Commissioners are desirous of soliciting your Lordship's attention to the importance of completing the necessary appointments. On a former occasion, the Board had the honour of requesting that, your Lordship would be pleased to appoint Colonel Light to the office of Colonial Commissioner, and it was the intention of the Board to place him also at the head of the surveying department, but as the duties of the colonial commissioner will require an almost constant attendance at his office, while it is desirable that the principal surveyor should be generally in the field, it was subsequently thought advisable to separate the two appointments, and as Colonel Light is an experienced surveyor, the commissioners are desirous of confining his attention excln- sively to the surveying department. Another reason for this arrangement is, that Colonel Light is not yet returned from Egypt, and it is exceedingly important that the colonial commissioner should receive his instructions without delay. The colonial commissioner being by these measures relieved from a part of his duties, it is thought that he may advantageously discharge those of registrar. Should your Lordship approve of this arrangement, the commissioners would appoint Colonel Light first officer of the surveying staff, and encouraged by the kind attention your Lordship has hitherto paid to their suggestions, they venture to recommend the appointment of Mr. James Hurtle Fisher, solicitor, York-buildings, New-road, to the office of Colonial Commissioner and Registrar, and that of Mr. Charles Mann, solicitor, 24, Cannon-street, to the office of Advocate-general and Crown-solicitor. They have selected these gentlemen in consequence of the very high testimonials they have received of their energy and ability, testimonials which have been fully borne out by the important services they have rendered in forwarding the objects of the commission. The commissioners would also request permission to recommend Captain Lipson, r.n., to the appointment of naval officer and harbour-master ; and they are anxious again to solicit your Lordship's kind attention to the application of Mr. Robert Gouger for the office of colonial secretary. I have the honour to enclose a list of appointments above enumerated, together with some others which have already received your Lordship's consideration, and a second list, con- taming the appomtments which the coiflmissioners have considered it their duty to make in compliance with the Act of Parliament. In submitting these two lists for your Lordship's approval, the commissioners are desirous of stating, that, while they have been anxious to omit no appointment important to the well-being of the colony, they have endeavoured to avoid an unnecessary multiplicity of With this view, they submit, for your Lordship's consideration, whether the duties of CO lector of revenue and Accountant-general may not be advantageously performed by the colonial treasurer, and those of the auditor-general by the commissioner of immigration. They also take the liberty of suggesting that the Governor's secretary may be required to act as clerk of the Council. j j 1 Attached to each appointment is the salary which, after mature consideration, the com- missioners are desirous of recommending. In suggesting these salaries, the commissioners have kept in view the absolute necessity of reducing the charge on the colony as low as is consistent with obtaining the services of effacient men. " They would recommend that no fees be allowed in any office; that the salaries to the ■colonial officers shall not commence before arrival in the colony, but that such officers, with their families, shall receive a free passage. Should your Lordship approve of the scale of salaries which the commissioners have tTorb;ihe\3tf thXaiut " ''" '"'^'''' '"'""^ *° "^°""^^'^' '' '''' ^'^^■ r,pJmnn^nr7r'™*%T "'^,^'^^"^'1 ^o not include thosc which relate to the police and permanent defence of the colony; these I hope to be able to lay before your' Lordship I have, &c. (signed) Robert Torrens. SELECT COMMITTEE ON SOUTH AUSTRALIA. 55 Schedule (A.) List of proposed Appointments for South Australia. Office Officee. Salary. Governor - _ - - - - - Capt. Hindmarsh, e. N.,with allowance of 500 1, for outfit. an £. 800 Colonial Commissioner and Registrar James Hurtle Fisher, esq. - - 400 Colonial Secretary - - - - Robert Gouger, esq. - - 400 Judge ------ Henry Walter Parker, esq. - 500 Advocate-General and Crown Solici- Charles Mann, esq. - - 300 tor. Naval Officer and Harbour-master - Capt. Lipson, K.N. - 200 Governor's Secretary and Clerk of the Stevens, esq. - 200 Council. Collector of Revenue and Accountant- The Colonial Treasurer - {set Schedule B.) General. Auditor-General - - - - The Commissioner of Immigration (see Schedule B.) No. 25. R. Torrens, Esq. to Lord Glenelg. 14 Dec. 1835 Schedule (B.) Office. Colonial Treasurer (see Schedule A.) Commissioner of Immigration* (see Schedule A.) Surveyors : First Officer - - - - - Second Officer - - - - Other Surveyors - - - - Colonial Surgeon - - - - Storekeeper to act under the Colonial Commissioner. Clerk to ditto _ - - - Officer. In the Colony. Osmond G illes, esq. - John Brown, esq. - - Col. Light (expected shortly to return to England). G. S. Kingston, esq. - - - - - Messrs. Finniss, O'Brien, Ja- cob, Symonds, Neale, and ano- ther, not yet appointed, 100 Z. each. Two inferior Assistant's, at 50 /. each, will probably be required. John Heape, esq. - - _ Salary. £. 300 250 400 200 600 100 100 100 50 — No. 26.— (No. 25.) Copy of a DESPATCH from Lord Glenelg to Governor Hindmarsh. ^ No. i26, Sn-, Downing-street, 21 February 1838. Lord Glenelg to I enumerate in the margin a series of despatches which I have received from you. All Governor Hind- of them relate to the controversies in which the officers of Her Majesty's Government in marsh. South Australia have been engaged with each other since the first settlement of that colony ; 21 Feb. 1838. and indeed your communications have hitherto been confined almost exclusively to that subject. I am under the necessity of observing, that an attentive consideration of these dissensions, which are peculiarly unfortunate at the beginning of such an enterprize, has had the further painful consequence of impressing me and the South Australian Commissioners with the conviction that in such a state of feeling as exists amongst the various local autho- ' rities, it is impossible that the great national undertaking in which they are engaged should be conducted to a prosperous issue. I transmit * This officer will act as protector to the emigrant labourers ; he will receive them on their arrival in the colony, supply their immediate wants, assist them m reacliing the place of their destination, be ready to advise with them in case of difficulty, and at aU times give them employment (at reduced wages) on the Govemment work, if from any cause they should be unable to obtain it elsewhere. " i 0.21. ^4 No. 26. Lord Glenelg to Governor Hind- marsh. 21 Feb. 1838. 56 APPENDIX TO REPORT FROM THE I transmit for your information copies of a correspondence which has taken place on this subject between this department and the commissioners. It is with very great concern that I announce to you that in that correspondence you will find a declaration of my purpose to advise the Queen to relieve you of the administration of the government of South Australia. You will accordingly henceforth consider yourself as holding that office only until the arrival of vour successor. The grounds of this decision are fully explained in the letter addressed by "my desire to the commissioners. liave to assure you of my deep regret that any circumstances should have rendered . unavoidable the dissolution of my official relation with a gentleman whose claims to respect, both on public and on private grounds, I shall always be ready to acknowledge. I have, yielded to nothing less than a sense of public duty, which I have discharged with the most unaffected reluctance. I have, &c. (signed) Glenelg. South Australian Colonial Office, Adelphi-terrace, My Lord, 22 December 1837. The Colonization Commissioners for South Australia have the honour to acknowledge the receipt of Mr. Stephen's letters, dated i8 August and 21 September, enclosing despatches from Governor Hindmarsh, dated 11 February and 12 April, and stating that your Lordship would be glad to receive any observations which Ihe commissioners might be desirous of offering thereon. In reply the commissioners beg permission to state, that after a very careful perusal and consideration of these despatches and of the subsequent despatches of Captain Hindmarsh, dated from 30 May to 13 June, they are compelled reluctantly and with great regret to come to the conclusion that it has become their duty respectfully to recommend to your Lordship the recall of Captain Hindmarsh from the government of South Australia, and the appoint-^ ment of a successor who understands the principles upon which the colony is founded, and can perceive the importance of co-operating with the commissioners in carrying these prin- ciples into effect. I. The commissioners beg permission, in the first instance, to call your Lordship's attention to the conduct of Captain Hindmarsh, in interrupting the surveys and interfering with the selection of the site of the capital of South Australia, as that conduct is set forth by himself in his despatch of the 11th February and its enclosures. As the South Australian Act provides that the surveying and the disposal of the public land of the province shall be vested in the commissioners, it was determined before Captain Hindmarsh applied for the office of governor, that the responsibility of selecting the situation on which the first surveys should be made, and the first town laid out, should rest exclu- sively with the surveying officer appointed by the commissioners. This arrangement, to which Colonel Napier had offered no objection. Captain Hindmarsh opposed, urging that the selection of the situation which should be first settled, and on which the first town should be laid out, ought to be vested in the governor. But when Captain Hindmarsh pressed these views on the commissioners, it was distinctly stated and explained to him that he was seeking for an extension of power inconsistent with the principles of the colony; and that a, governor of South Australia must be content to receive and to hold his appoint- ment, subject to the condition of non-interference with the officers appointed to execute the surveys and to dispose of the public land. The commissioners perceive with great concern that the despatches of Governor Hindmarsh detail a series of acts at variance with these fundamental principles of the colony. On the 24th of December, Governor Hindmarsh arrived in Port Lincoln, and being there informed that the surveyor-general had found a good anchorage on the eastern coast of Gulf St. Vincent, the locality to which hopes in England had been pointed, he proceeded to join the surveyor-general. On the 27th of December he reached the eastern coast of Gulf St. Vincent, and was informed that the site of the capital had been selected by the surveyor-general, and on the 28th he took possession at Glenelg, and issued the proclamation establishing the government of the province. Ihe sites of the first settlement and of the capital having been thus determined in con- formity with the instructions of the commissioners, they conceive that the executive govern- ment was precluded by the principles of the colony from interfering in any way with the locality of either. Unfortunately, Governor Hindmarsh has thought diflfei^ntly, and his despatches narrate a continued interference which the commissioners cannot but consider as an unconstitutional interference with the proper functions of the resident commissioner and surveyor-general. He conimences by urging Colonel Light on every visit to depart from his instructions, by laying out two towns instead of one; and he expresses his displeasure because the resident commissioner stated that this could not or should not be done. On the 19th of January, he ™™tr% l'""'^^' \ °^'^f""S *^'^ surveyor-general to attend the council and report 7.2^!^! ^ :, .^" ^.^' ^\^' °^ February, he orders that officer to suspend his mostW- portant duties and to undertake those of the harbour-master, and on the 10th of February, ^^dni^rtr ''iT 'J^f-''^"'^''"'''^''^' their representatives, and all persons interested ; tnlt p/nT V i!"" *° *^" assemblage, urging them to require the resident commissioner .r. ft!f! . ^v ^i,i"stl»'^^ions, and to lay down two townships instead of one. These are the facts which Captain Hindmarsh has himself stated in his despatches. ^.itl-fAfT'^ arise requiring vigour beyond the law. Cases may occur in which the magmtude ot the evil to be prevented, or of the good to be obtained, may justify the exercise of SELECT COMMITTEE ON SOUTH AUSTRALIA. 57 of unconstitutional and illegal power. The colonization commissioners, however, cannot No. 26. deduce any such justification from the informations supplied bj' Governor Hindmarsh. They Lord Glenelg to are of opinion, that the objects for which their regulations and instructions were set aside. Governor Hind- were not beneficial, but injurious. marsh. 1. An inspection of the map of New Holland is sufficient to demonstrate that the port of ^^ ^^^- ^^3?.- the Murray must become not only the capital of South Australia, but the commercial metropolis of the western districts of New South Wales, and the hopes and anticipations of every settler who understood the geographical position of the new province, were sufficiently realized when the surveyor-general discovered on the eastern coast of Gulf St. Vincent a harbour communicating with a country of superior fertility, not more than 40 miles distant from the valley of the Murray, and apparently extending into it. The commissioners are therefore of opinion, that no beneficial result was attainable by calling a public meeting to consider whether the first settlement and capital should be removed to any situation out of Gulf St. Vincent, the location to which, as Governor Hindmarsh states in his first despatch, " our hopes in England had been pointed." 2. By the regulations for the disposal of land, established by the commissioners, one town, consisting of 1,000 acre sections, was to be laid out by the surveyor-general, and the selection of all the secondary towns of the province was left open to the enterprise of the purchasers of land : under these regulations it was not necessary that the surveyor-general should lay down acre sections at Port Adelaide, in order to secure the erection of a secondary town upon the harbour. Had the whole of the land in the neighbourhood of the harbour been laid out in country sections, as it ought to have been, the sites required for wharfs and warehouses would have immediately risen in value, and the original proprietors would have sold them as building-ground at increasing prices. Individuals would have had to pay something more for a site on which to erect a wharf or warehouse, or an inn, but this rapid increase in the value of land would have attracted capital to the colony, and have thus real- ized the benefit which the commissioners contemplated in leaving the laying out of secondary towns to individual enterprise. The commissioners, moreover, conceive that this unauthorized departure from their regu- lations, relative to the sale of land in the colony, may tend to prejudice or prevent future sales to parties in this country, who, if acquainted with the proceedings which have taken place, may not unreasonably hesitate to rely on the strict observance, on the part of the commissioners and their functionaries, of the promulgated conditions under which the land may be sold. Captain Hindmarsh considers that the view which he took on the occasion was the correct ■one, because the general meeting of proprietors which he called came to an unanimous vole on the question of surveying a secondary township at Port Adelaide. The commissioners conceive that, under the circumstances by which it was obtained, the unanimous vote amounts to a moral demonstration, that the interference with the surveys was not beneficial but pernicious. Amongst those who attended that meeting, were persons who understood and approved of the constitution of the colony, aqd who were aware of the advantages of attracting capital by leaving the establishment of the secondary towns to individual enter- prise. Why did those persons vote against their own convictions in favour of an illegal pro- position for setting aside the regulations of the commissioners, and laying out two townships instead, of one ? Captain Hindmarsh has supplied the answer. He says, (vide letter to the public meeting,) " that to retard the survey would be ruin to many ; not a seed is set in the ground, nor will be until you are on your land ; I suggest, as a remedy, that half the town- acres should be surveyed near the harbour. Some such arrangement is, I confess, the only course wViich occurs to me as likely to meet the case." And he states (vide marginal note to Colonel Light's report) that he had " made up his mind not to assent unless some land was surveyed near the harbour," in the manner he required. Thus it appears from Captain Hindmarsh's own showing, that the public meeting was under the necessity of voting in favour of his propositions in order to set at rest the question at issue between him and the resident commissioner, and to put an end to that interference with the functions of the surveyor-general which was preventing them from establishing themselves on their lands and was " bringing ruin upon many." It appears to, the commissioners, that the unanimous vote thus obtained, instead of being a justification of the conduct of Governor Hindmarsh, furnishes a corroborative proof that that conduct was impolitic and unjust. II. The commissioners now proceed to address themselves to the despatch, dated Glenelg, 12th April, in which Governor Hindmarsh "lays before yourXordship certain details which aflfect the free and harmonious working of the commissioners' authorities in the province with those of Her Majesty's Government." There is, as the commissioners conceive, a simple and obvious practical rule, by the observance of which, the free and harmonious working of the several authorities established in the province may at all times be maintained. As the South Australian Act vests in the commissioners the unappropriated land of the province, and as they cannot convey more than they possess, they must have, with respect to the waste lands before they are conveyed to private parties, the same independent rights and powers, as against the executive government, which private parties possess with respect to their lands after they have been conveyed to them. The practical rule, therefore, is, that the executive governm.ent of South Australia should deal with the unappropriated lands vested in the commissioners in the same way in which it deals with the appropriated lands vested in the private parties ; according; 10 this rule (and the commissioners apprehend that under the Act of Parliament no other definite rule can be drawn), every act of interference which would be illegal if exercised with respect to lands held as private property by indi- o.:2i, h viduals. 58 APPENDIX TO REPORT FROM THE No. 26. viduals, must be equally illegal when exercised with respect to latids held as public property Xord Glenelg to by the commissioners. Unfortunately, Captain Hindmarsh, while he admits in his despatch Governor Hind- that it is a cardinal principle of the colony that tlie commissioners' representatives are to marsh. , have free control over the survey, and the disposal of the land, appears altogether regardless 21 Feb. 1838. of the practical rule by which alone that principle can be brought into effectual operation. : In the several instances adduced by Captain Hindmarsh to substantiate the accusations which he brings against the resident commissioner, the board of commissioners are of opinion that their representative acted in conformity with the principles of the colony, and in obedience to his instructions. The seamen of the Buffalo cut down timber upon the public land, and in so doing, com- mitted, thouo-h probably through ignorance, an act of trespass and depredation, inasmuch as the purchasers of the land are, by the terms of their contract, the purchasers of the timber upon it. Of this act of trespass and depredation, the more dan2;erous in its example because committed by persons under the military command, and in the employ of the governor, the resident commissioner most properly complained, and it was the obvious duty of the executive authority to give all possible countenance and support to the resident com- missioner in protecting the property of the settlers. But in the judgment of Captain Hind- marsh, the conduct of the resident commissioner in protecting the property of the settlers, appeared to be an act of hostility to the executive government of so serious a character, as to be made a subject of formal complaint in a despatch to the Secretary of State. 2. In the instructions issued by the board of commissioners to their representative in fehe colony, the resident commissioner is enjoined to keep the banks of all rivers, lakes and navigable waters open to the public. Captain Hindmarsh, though furnished with a copy of these instructions, calls upon! the resident commissioner to depart from them by extending the Government domain so as to include the banks of the river. Mr. Fisher, instead of complying with this demand, performs his duty by obeying his instructions and protecting the rights of the public, and Captain Hindmarsh represents this meritorious conduct of the resident commissioner as one of the serious offences " affecting the free and harmonious working of the commissioners' authorities in the province with those of Her Majesty's Government." III. The question raised by Captain Hindmarsh respecting the authority in which the power of naming places in the colony resides, though insignificant in itself, yet involves consequences connected with the means of describing boundaries and of making out titles which render it not unimportant. Captain Hindmarsh is undoubtedly correct in maintaining that the power of giving names to pkces on the unappropriated lands of the province is a prerogative of the Crown ; but the question is, whether the exercise of the prerocrative has been delegated to the governor of the province or to Her Majesty's commissioners. On the principle that the Governor has no more right of interference with the unappro- priated land vested in the commissioners than with the appropriated land vested in private parties, the power of giving names to the public lands of the province must be considered as delegated to the commissioners. On the same principle that Captain Hindmarsh did not interfere with the South Australian Company in selecting the site and names of their buildings in the town of Kingscole, he Ought not to have interfered with the commissioners with respect to site and names in Adelaide. In strictness of principle, therefore, the right of naming was in the resident commissioner ; and as regards practical consequences, he had sufficient reason for asserting It. In deahng with the unappropriated lands remote from the seat of government, he could not convey them without describing them, and he could not describe them without employing names, and if the Governor of the province were to possess the right of altering the names under which the lands were described and conveyed, confusion and uncertainty as to the titles to landed property would in all probability be created. IV. The commissioners are now compelled to request your Lordship's attention to an instance of neglect of duty on the part of Captain Hindmarsh, which has been productive of consequences very injurious to the colony. Captain Hindmarsh was proclaimed Governor on the 28th December. He did not proclaim the harbour to be a legal port until the 25th May. 1 he colony was thus deprived of a legal port for the space of five months, durino- which period ships were frequently arriving as well from England as from the neighbouring colonies, home of the captains refused to take their vessels up the harbour, others went in under protest; policies of insurance were liable to be made void, and risk and loss were wantonly incurred. The colonists were kept in a state of uncertainty and suspense. They saw themselves deprived of a legal port by one arbitrary act; apprehensions were excited lest by another exertion of power the seat of government might be removed to Port Lincoln^ and confidence was weakened and exertion paralysed. For the infliction of this injury on the colony, not even a plausible reason has been assigned. On the 7th April the resident T,rrr«?r ^/^ressed aletter to the colonial secretary, again calling attention to the on Th^^n La • I P'^'V ^"^, *^^'™'"g '^^ "g*^t t« g»^« "^™^« to the adjoining lands ; and rLnLtl \i colonial secretary replied by desire of the Governor, that "under the r.«T^^t ^- ^^ proclamation of the port is necessarily delayed." The claim of the ^m^HwT°''''T^/^^''''^"^'^''/°*^^ land was not mooted until the 7th April, and n..lll. -^ possibility have been the cause which delayed the proclamation of the port in December, in January, in February, and in March. «nH AnT!i?j! f- '^.^Pt^i'^ Hindmarsh, as detailed in his despatches dated February nth and April 12th, his mterference with the site of the first settlement, his interruption of the surveys,. SELECT COMMITTEE ON SOUTH AUSTRALIA. 59 surveys, his compliance with a requisition fo call a public meeting for the avowed object No. 26. of setting aside the authority delegated to the surveyor-general, his letter to that assem- Lord Glenelg to Wage urging them to demand a departure from the regulations established by the commis- Governor Hiiid- sioners for the disposal of land, his delaying to proclaim the port, and his several charges marsh, against the resident commissioner for conforming to the principles of the colony and acting 21 Peb, 1838. in obedience to his instructions, — this conduct had given several members of the commis- — sion the impression, even before the arrival of the series of despatches from the 30th of May to the 10th of June inclusive, that it would be expedient to recommend the recall of Captain Hindmarsh. The perusal of these last despatches has confirmed the previous impression, and caused the commissioners to come to the unanimous opinion that it has become their duty respectfully to represent to your Lordship that the interests and safety of the colony require that recall. Captain Hindmarsh appears upon his own showing to be incapable of carrying on the government; with the exception of the judge and of the harbour-master, he is more or less at variance with all the official functionaries of the colony, whether belonging to the government or to the commission. He has applied for the removal of five of the principal officers, three of them being members of the council; he has caused the principal and most influential settlers to come forward as the opponents of his measures. Mr. Hack, an enterprising capitalist, belonging to the society of friends ; Mr. Morphett, who represents nearly one-fifth of the landed proprietors of the colony, and the Messrs. Stevens, the agents of the South Australian Company ; he has endangered the safety of the province by rejecting the police force and militia staff, which the commis- sioner proposed to supply; and he has thrown the finances into disorder and embarrass- ment, by incurring unauthorized expenses, and by drawing upon the Lords of the Trea- sury. In the preceding comments upon the conduct of Captain Hindmarsh, the com- missioners have not travelled out of his own despatches, but have taken the facts as stated by himself. The commissioners, however, are compelled to observe that, yielding too easy a confidence to the representations of ignorant or designing persons. Captain Hindmarsh on several occasions has not been sufficiently careful to ascertain the correctness of the facts which he reports upon his official authority. 1. In his despatch dated April 12th, Captain Hindmarsh says, "The commissioners have provided by an act of delegation for the resident commissioner's successors in office in the event of his demise. How far the commissioners have a right to delegate upon demise, a nomination belonging to His Majesty, your Lordship will perhaps have the goodness to say, and to direct me as to the steps in such an event it will be my duty to take." The commissioners beg to assure your Lordship that they have not " provided for the resident commissioner's successors in office," and that they have not assumed the right to delegate upon demise a nomination belonging to Her Majesty. The 10th section of the South Australian Act authorizes the commissioners to delegate to the colonial commissioner, assistant surveyor or other officer, or to any of them, such of the powers and authorities with respect to the disposal of the public lands as the commissioners shall think fit; and the commissioners, in conformity with this provision of the Act, have delegated their powers, first, to the colonial commissioner, and in the event of his demise, first to the surveyor- general, then to the colonial secretary, and then to the emigration agent. Captain Hind- marsh was furnished with a copy of the instructions containing these acts of delegation. 2. Captain Hindmarsh, in his despatch of the 12th of April, asserts that "the commis- sioners in their instructions to Mr. Fisher, recommended him to place the stores, bullocks, &c. under the charge of the government." In these instructions to Mr. Fisher, copies of which were furnished to the governor, the commissioners did not recommend that the stores should be placed under the charge of the government; their instructions respecting the custody of the stores was in the following words : — " It may perhaps relieve you of much trouble and responsibility, if the articles intended for use in the different departments of the colonial government, and even those intended for the use of the colonists generally, are placed under the control of the governor and council. The commissioners give you full authority to adopt such an arrangement, if it should appear to you desirable." 3. The commissioners made an application to your Lordship to the effect that the governor might be sent out in a vessel of war, upoA the understanding that the repayment of the expense thereby incurred should be deferred for five years ; and when, on the earnest solicitation of Captain Hindmarsh, they renewed their application for the Buffalo, they abstained from inserting in their official communication the understood condition of deferred repayment, because Captain Hindmarsh repeatedly stated to the board, that in his con- ferences with the Lords of the Admiralty, he was led to believe, that if the commissioners withheld from agitating the question the repayment would never be required. The Buffalo had scarcely departed when the commissioners discovered the slender foundations upon which the confident statements of Captain Hindmarsh were built. 4. When it was ascertained that the Buffalo was not to take out a party of 60 marines for the defence of the colony as at first applied for, the expediency of employing that vessel became a question of comparative expense ; and the commissioners, before they acceded to the earnest solicitations of Captain Hindmarsh to renew their application for her, reques ed him to furnish them with an estimate of the number of emigrants which the Buffalo could convey, together with the cost. Captain Hindmarsh gave in his estimate to the board. It stated that the Buffalo could accommodate 160 steerage passengers, and that the cost would be 2,365/. rThe Buffalo was capable of accommodating only 68 adults and 48 children, equivalent to 102 steerage passengers, and the cost already claimed amounts to .4,801/. Js. 2 c/.'' 0.21. h'i 5. Captain 6o APPENDIX TO REPORT FROM THE No. 26. Lord Glenelg to Governor Hind- marsh. 21 Feb. 1838. 5. Captain Hindmarsh states, that Mr. Kingston, the deputy surveyor-general, is deficient in professional knowledge, and incompetent to perform the duties of his situation, and that .on these grounds he had intended to apply to your Lordship recommending the removal of Mr. Kingston. , ... * j ^ Since Mr Kingston's arrival in this country, the commissioners have requested an oflicer hieh in the department of the trigonometrical survey to examme Mr. Kingston as to his professional attainments, and the report of that officer is, that Mr. Kingston is fully qualified to execute the duties of the situation which he holds. _ j . , Captain Hindmarsh has stated that Mr. Brown, the emigration agent, proposed in the Adelphi-chambers a vote of censure against Lord Glenelg. . ^ i. «• The resolution which Mr. Brown did propose on the occasion referred to, was to the effect that the colonists regretted that a chaplain had been appointed with a salary to be drawn from the public revenue of the colony, inasmuch as the colonists had entered into a volun- tary subscription for the support of their own religious teachers. , . , , . , , In conclusion, the commissioners beg to assure your Lordship, that it has been with the greatest regret and reluctance that they have been constrained to make these representations against an officer so distinguished as Captain Hindmarsh for gallantry and good conduct in the honourable profession to which he belongs ; and it is gratifying to them to believe that the administrative errors of the civil governor of a province cannot tarnish the honour won by the brave and skilful seaman, in the military service of his country. But the commis- sioners, however much they may respect the rank and character of Captain Hindmarsh as a distinguished officer of the British navy, are compelled, by a paramount sense of duty, respectfully to recommend, on the several grounds which. they have endeavoured to explaii^ to ypur Lordship, that he may be immediately recalled from the government of South Australia. I have, &c. (signed) Robert Torrens. To the Right Hon. Lord Glenelg, &c. &c. &c. Gentlemen, Downing-street, 21 February 1838. Your letter of the 22d December, urging the recall of Governor Hindmarsh from SoutL Australia, has engaged Lord Glenelg's most careful and anxious consideration. In deli- berating on that suggestion he has felt himself bound to consider with the utmost attention, the various matters laid to the charge of that officer, and he now directs me to communicat&, to you the result. The name of Captain Hindmarsh was originally submitted to His late Majesty for the office which he at present fills, in deference to your opinion of his capacity for such a trust. Although personally unknown to Lord Glenelg, his character in his profession stood extremely nigh, and he was strongly recommended by one of the oldest and most distin- guished naval officers under whom he had served. Under such circumstances. Lord Glenelg, was gratified to have it in his power to call him to a situation of trust and emolument in ihe civil service of the Crown. Since his assumption of the government of South Australia, nothing has occurred in the, proceedings of Captain Hindmarsh to detract from the opinion which Lord Glenelg was originally led to entertain in favour of his character as an officer and a gentleman. The errors imputed are such only as impugn his temper and his prudence. On the one hand. Lord Glenelg is constrained to admit that very serious deficiencies have been shown to exist in Captain Hindmarsh's character in those most essential requisites of the governor of a distant province. On the other hand, his Lordship thinks it clear that the situation in which he has been placed is one of great difficulty and embarrassment, and that he has not met with that degree of support and assistance from some of the local officers of his government which he had a right to expect. Under ordinary circumstances, therefore. Lord Glenelg would probably have thought it sufficient to admonish Captain Hindmarsh of the errors into which he had fallen, and to suggest to him the necessity of greater forbearance and circumspection in future ; but this IS not a common case. Your written representation and request proceed from persons whose connexion with the colony and with its present Governor gives peculiar weight to 1 their opinion. As you are charged with the chief responsibility of executing this new experiment in colo- ' nization, his Lordship is unwilling to withhold from you the means which you deliberately pronounce indispensable to the due discharge of the trust committed to you. The deputa- tion which recently waited on Lord Glenelg on this subject was composed of the represen- tatives of all the leading interests attached to the colony; the. commissioners, the bond- • holders, and other public creditors of the colony in this country, and the South Australian Land Company ; and this deputation urged on Lord Glenelg the removal of Captain Hind- marsh from the government, as the unanimous desire of themselves and those whom they represented. To such an appeal the utmost deference is due. Her Majesty's pleasure will, therefore, be signified to Captain Hindmarsh. that he should retire from the government of South Australia. Lord Glenelg, however, trusts that it will be in your power to indemnify that officer against the expenses of his return to Europe. . SELECT COMMITTEE ON SOUTH AUSTRALIA. 61 His Lordship will be happy to receive, and will carefully weigh any recommendation which No. 36. you may be disposed to make as to the choice of Captain Hindmarsh's successor in the Lord Glenelg to office which will thus become vacant. Governor Ilind- I have, &c. marsh. The Colonization Commissioners (signed) Jas. Stephen. 21 Feb. 1838. for South Australia. — No. 27. — Copy of a LETTER from R. Torrens, Esq. to J. Stephen, Esq. South Australian Colonial Office, Adelphi-terrace, Sir, 31 March 1838. In reference to your letter of the 27th instant, expressing Lord Glenelg's desire of receiv- ing, with as little delay as possible, the recommendation of the Colonization Commissioners of a candidate for the office of governor of South Australia, the commissioners have the honour to state that they have, by an unanimous vote of their board, adopted the resolu- tion to submit the name of Lieut.-colonel George Gawler to Lord Glenelg, as that of the candidate whom they recommend as the successor of Captain Hindmarsh, In coming to this resolution the commissioners have given the fullest and most careful consideration, as well to the comparative qualifications of the several candidates as to the conflicting opinions and opposite interests which were pressed upon them, and they venture to hope that the selection which they have made, should it receive the approval and sanction of Lord Glenelg, will prove conducive to the good government and prosperity of the colony. The commissioners beg to enclose, for the consideration of Lord Glenelg, the testimonials which they have received as to the qualifications of Lieut.-colonel Gawler, and to state, that in addition to the very high recommendation contained in the letter of Lord Fitzroy Somerset, the commissioners received an equally high character of Colonel Gawler through verbal communications with the adjutant-general. I have, &c. (signed) Robert Torrens, Chairman. No. 27, R. Torrens, Esq. to J. Stephen, Esq. 21 March 1838. — No. 28.— Copy of a LETTER from J. Stephen, Esq. to the Colonization Commissioners for jjo. a8. South Australia. j. Stephen, Esq. to Gentlemen, Downing-street, 3 April 1838, the Colonization I HAVE laid before Lord Glenelg, Colonel Torrens's letter of the 31st ultimo, intimating Commissioners for that you have, by an unanimous vote of the board, adopted the resolution to submit the South Australia. name of Lieut-colonel George Gawler to his Lordship, as the candidate whom you would 3 April 1838. recommend as the successor of Captain Hindmarsh. Lord Glenelg has perused, with much — ' satisfaction, the high testimonials to the character and qualifications of Colonel Gawler, and his Lordship will have great pleasure in submitting the name of that officer to the Queen, for the appointment of governor of South Australia. I have, &c. (signed) Jas. Stephen. — No. 29. — Copy of a LETTER from R. Torrens, Esq. to J. Stephen, Esq. South Australian Colonial Office, Adelphi-terrace, Sir, . 23 April 1838. The Colonization Commissioners for South Australia have the honour to acknowledge the receipt of your letter of the 3d instant, inclosing despatches from Captain Hindmarsh, Nos. 46 and 53 inclusive, and requesting the commissioners to lay before Lord Glenelg any observations which they may have to make on the subjects to which they advert. In reply the commissioners request to be allowed on the present occasion to confine their observations to that part of the despatch. No. 53, in which Captain Hindmarsh refers to the means of defining the powers of the Governor, and his precise relative position to the land commissioner, and urges the propriety of dismissing Mr. Fisher. The manifold and serious evils which have been created in the colony by the division of authority would have been sufficient to induce the commissioners to recommend a union of the office of resident commissioner with that of Governor, even if the conduct of the indivi- dual holding the separate office of resident commissioner had furnished no just groimds of complaint. The conduct of Mr. Fisher, however, has been such, that independently of the necessity which has arisen of putting an end to divided authority, the commissioners deem it expedient and indeed indispensable to withdraw from him the control of the finances and expenditure of the colony, and to confine his duties to the disposal and registration of land. The accompanying paper sets forth the manner in which Mr. Fisher has neglected to conform 0.21. A3 to No. 29. R. Torrens, Esq, to J. Stephen, Esq, 23 April 1838. 62 APPENDIX TO REPORT FROM THE No 20 to his instructions, or has acted in violation of them, and on the several grounds theren R.Tor^r.;s?Esq.to Led/Ae commissioners beg to be aUowed to recommend that Lord Glenelg may be 1 c u v,„ 1 ji „„ Mr PiQhpr from the office or resident commissioner. '.3 Ap^r^s's!^* ^'tZIX X:J sK'hafbe^Xtectful and regardless of his instrucdons in an extraor- _i 1_ dinary degree, yet it does not appear from any evidence hitherto adduced that his conduct ^'m" mmSnTrrhowever, submit for the consideration of Lord Glenelg, that it would he expedient, on Colonel Gawler's assuming the government of the colony, to institute an investWion into the charges preferred by Captam Hindmarsh against Mr Fisher for corrupt practices in the disposal of the public stores; and to make it contingent upon the result of this inquiry whether he should continue to fulfil the office of assistant commis- sioner and registrar, or be altogether dismissed from employment in the colony. I have, &c. (signed) Robert Torrens, Chairman. Statement of the Conduct of Mr. Fisher, Colonial Commissioner, 6 April 1838. It is an important part of the colonial commissioner's duty punctually to supply the com- missioners at home w'ith full and accurate information as to the progress of the colony, the sales of land and of stores, the arrival and disposal of emigrants, the demand for labour, and the colonial expenditure. In the performance of these duties Mr. Fisher has been exceedingly remiss. In several instances the opportunities of writing have been altogether neglected ; in many others the information afforded has been exceedingly scanty, and in no instance has it been in full accordance with the wishes and instructions of the commis- sioners. The advice of bills has in almost every case been neglected ; acknowledgment of goods received frequently omitted ; and although stores of great value have been provided for sale in the colony, no account whatever of such sales has to this day reached England. The second letter of instructions to the colonial commissioner (contained in the last annual report) requires that he shall transmit a half-yearly statement, in a prescribed form, of the financial and other proceedings of the colony. The first of these statements (which should have been made up at the end of last June) the colonial commissioner is required by posi- tive instructions to transmit to England in the course of the following July or August. Towards the end of August Mr. Fisher stated that his report was then in preparation, and that it would be transmitted in a few days. His subsequent despatches, however, which down to the 31st of October had all been received, not only do not contain this document, but they contain no allusion to it whatever. The total suppression of the very important facts which ought to have been communicated in this half-yearly report, taken in connexion with frequent irregularities in drawing bills, and the alleged private sales of colonial pro- perty (in one instance to Mr. Fisher himself), of which sales no satisfactory explanation has as yet been given, has created considerable anxiety in the minds of the commissioners. The second letter of instructions carefully defines the purposes for which the colonial commissioner is authorized to require the colonial treasurer to draw bills on the commissioners in England, and especially forbids drafts being made for any other purpose, unless pre- viously sanctioned by the commissioners. This important instruction the commissioners regret to state Mr. Fisher has frequently disregarded, and the unauthorized drafts have already reached a very serious amount. The commissioners are well aware that circum- stances may arise of so urgent a nature as to justify a departure from the most positive instructions ; but they are decidedly of opinion that in the instances to which they now allude no such justification exists. As an example, they would mention that Mr. Fisher has chartered a vessel to fetch ponies from Timor for sale in the colony, and has drawn on the commissioners for the expenses incurred in this speculation. — No. 30.— J Stephen°Esq to Extract of a LETTER from J. Stephen, Esq. to the Colonization Commissioners the Colonization „ ,, ^o' '^"m^A Australia. ,,00 Commissioners for ^ Gentlemen, Downing-street, 10 May 1838. South Australia. ^ have received and laid before Lord Glenelg your letter of the a 3d instant, and I am 10 JMay 1838. directed to acquaint you in reply, that under the circumstances which you have stated, his Lordship concurs in your opinion that Mr. Fisher should be removed from the office of re- sident commissioner in South Australia, and that the office should be united with that of governor. His Lordship, therefore, will submit to the Queen the name of Colonel Gawler, for the resident commissioner. I remain, &c. J. Stephen. SELECT COMMITTEE ON SOUTH AUSTRALIA. 63 — No. 31. — Copy of a LETTER from R. Torrens, Esq. to J. Stephen, Esq. „ ^ ^°- 3i- ' _! i' ? H R. Torrens, Esq, to South Australian Colonial Office, Adelphi-terrace, J. Stephen, Esq. Sir, 21 May 1838. 21 May 1838 I HAVE the honour to transmit for the consideration of Lord Glenelg, a draft of the financial instructions which the Colonization Commissioners have prepared for Colonel Gawler in his capacity of resident commissioner. With the exception of a few deviations suggested by the altered circumstances which have arisen, this draft is in conformity with the financial instructions prepared by the Audit Office for the governor. The commissioners beg permission to submit to Lord Glenelg the considerations which lead them to conceive that the instructions for conducting the financial aifairs of the colony should now be addressed, not to the governor, but to the resident commissioner. The South Australian Act provides that the custody and application of the revenue, as well as of the land fund, shall be vested in the Commissioners, and in conformity with this provision of the Act, the financial instructions prepared by the Audit Office direct the governor not to make any new appointments, to increase any salaries, or to execute any public works without the authority of the Colonization Commissioners. But while in all financial matters the governor is thus placed under the authority of the Colonization Com- missioners, the commissioners cannot, under the provisions of the Act, possess any authority whatever over the governor, or communicate with him officially on any subject, except through the Secretary of State. This incongruity may, as the commissioners conceive, be obviated by giving to Colonel Gawler, in his capacity as resident commissioner, that financial administration which in other colonies the governor possesses as governor. As the commissioners have the custody of the revenue fund, it seems to follow that it is their representative in the colony in whom the financial administration should reside. They cannot communicate with the governor, much less can they assume the authority of the Lords of the Treasury, and require the Secretary of State to transmit his financial instructions to the local government, and, therefore, it is only through their representative in the colony that they can have any power to exercise that control over the application of the revenue fund which is given to them by the Act. For these reasons the commissioners are desirous, that should the alteration be sanctioned by Lord Glenelg, that the financial instructions prepared by the Audit Office may be addressed to Colonel Gawler, not as governor, but as resident commissioner. A copy of the schedule of appointments referred to in the draft of instructions is herewith enclosed; and as the commissioners have found it necessary to increase the strength of the surveying staff", they request that Lord Glenelg may be pleased to obtain the sanction of the Lords of Her Majesty's Treasury for the additional expense required to secure a more rapid execution of the surveys. I have, &c. (signed) R. Torrens, Chairman. — JNo. 32.— Tvr „. No. 32. Copy of a LETTER from A. Y. Spearman, Esq. to J. Stephen, Esq. A. Y. Spearman, ^ /- J 1 ggq ^^ J Stephen, Sir, Treasury Chambers, 16 June 1836. Esq. With further reference to the communication from this Board of the 25th ultimo to you 16 June i§3d, on the subject of the instructions (with respect to accounting) to be given to the treasurer of the South Australian Company, and to your reply thereto of 3d instant, I am commanded by the Lords Commissioners of His Majesty's Treasury to transmit to you an extract from a Report of the Commissioners of Audit on this subject, and to request you will submit the same to Lord Glenelg, and will more his Lordship to cause the information therein suggested to be furnished to my Lords, in order that the requisite instructions in regard to the mode of accounting for the emigration and revenue funds of the intended settlement in South Australia may be proposed without delay. I have, &c. (signed) A. Y. Spearman. ExTKACT from a Report of the Commissioners of Audit, dated 7 June 1836. We beg leave to submit to your Lordships, that so far as we understand, the money responsibilities that will arise, and the accounts to be rendered under the provisions of the Act for the colonization of South Australia, an Emigration Fund Account will be to be rendered by the treasurer appointed by the commissioners for receiving in this country any sums which may be raised under the 26th clause of the Act, and of the sum of 35,000/. already raised by the sale of lands in this country, or any other proceeds of sales to be made here ; and another Emigration Fund Account by the treasurer, or other officer, who may be appointed by the commissioners in the new colony to receive the proceeds of such lands as may be sold there. Besides which a General Colonization Revenue and Investment Account, in respect of all monies raised and appropriated in England for other purposes 0.21. h4 than 64 APPENDIX TO REPORT FROM THE No. 32- than the Emigration Fund, is to be rendered by the treasurer at home; and indeed, A. Y. Spearman, j^j. Barnes the present treasurer, hap already rendered to us an account ot the above Esq. to J. Stephen, description for the year 1835, and a further account to be rendered by the colonial treasurer 16 June 18 6 of the monies not applicable to purposes of emigration, which may be received and expended " ^°It L*probable that both the accounts relating to money transactions in England, will be kept and rendered by the treasurer already appointed in this country, and that both the accounts arising from money transactions in the colony may be kept and rendered by one and the same officer. But whether this should be the case or not, we apprehend that the four distinct afccounts above described are to be audited by this department. Previously, however, to any instructions relating to these accounts being prepared, it will be necessary that we should be informed, whether there are to be four, or only two treasurers ; and as it appears that the Emigration Fund is to be managed altogether under the directions of the Board of Commissioners in England, and in the colony by the local commissioner to be appointed by the Crown, or by such other person as the commissioners may appoint, under the directions of the Board of Commissioners in England, it will likewise be necessary, with a view to the instructions to be prepared, that we should be informed whether the duties of the governor and local commissioner are to be vested in one and the same person, and that we should be apprized of such directions as may be given by the Secretary of State in respect of revenue matters. As the Lieutenant-governor, Captain Hindmarsh, is shortly to leave this country for the colony, it appears desirable that we should be supplied, as early as may be convenient, with the information required in the above respects. Your Lordships are aware of the incon- venience and losses which resulted from Captain Sir James Stirling having sailed and taken possession of the government of Western Australia without the necessary instructions as to these particulars. No. 33. J. Stephen, Esq. to the Colonization Commissioners. 22 June 1836. — No, 33.— Copy of a LETTER from /. Stephen, Esq. to the Colonization Commissioners for South Australia. ' Gentlemen, Downing-street, 22 June 1836. I AM directed by Lord Glenelg to transmit to you the enclosed copy of a letter which has been received from the Secretary to the Treasury, with an extract of a report from the Commissioners of Audit relative to the pecuniary responsibilities which will arise, and the accounts required to be rendered, under the provisions of the South Australian Colonization Act; and I am directed to state, that before Lord Glenelg answers the inquiries of the Commissioners of Audit, his Lordship would wish to know what is your opinion respecting the proper custody of the fund raised by yourselves under the authority of the Act for the service of the colony. I am, &c. (signed) Jas. Stephen, No. 34. Rowland Hill, Esq, to J. Stephen, Esq, 29 .June 1836. — No. 34.— Copy of a LETTER from Rowland Hill, Esq. to J. Stephen, Esq. South Australian Colonization Office, ^i'"' 29 June 1836. I HAVE the honour to acknowledge the receipt of your letter of the 22d instant, enclos- ing a copy of a letter from the Treasury, and an extract of a report from the Commissioners of Audit, relative to the pecuniary responsibilities which will arise, and the accounts required to be rendered, under the provisions of the South Australian Colonization Act ; and requesting, for the information of Lord Glenelg, the opinion of the Commissioners as to the proper custody of the fund raised by them under the authority of the Act for the service of the colony. Understanding the inquiry to apply to those monies which have been raised,by the issue of colonial revenue bonds, exclusive, however, of the guarantee fund, which, agreeably to the 24th section, has been placed in the hands of trustees, the Commissioners are of opmion that the question involves another, which it will be convenient to consider first, namely, under whose control the fund has been placed by the Legislature. Judging from the whole tenor of the Act, which empowers the Commissioners to raise, the tund in question, which makes them the sole judges of the amount to be borrowed, and ot the interest to be paid, and which directs that the fund shall be appUed to defraying the necessary costs, charges, and expenses of founding the intended colony, and of, prpviding lor the government thereof, and for the expenses of the Commissioners, and for defraying all costs, charges, and expenses incurred in carrying the Act into execution, and applying tor and obtaining the Act,— the Commissioners are of opinion that the control of the fund, except so lar as re ates to the salaries of the officers, which, by the 15th section, are to be, ftxed and revised by the Lords of His Majesty's Treasury, is placed in their own hands; and they are confirmed in this view by that provision of" the 24th section, which directs, ihat the interest and dividends accruing from time to time upon the said Exchequer bills, or other Government securities, shall be paid to the said Commissioners, and by them be devoted SELECT COMMITTEE ON SOUTH AUSTRALIA. 65 devoted to the purposes to which, as hereinbefore directed, the monies to be raised by the issue of the aforesaid South Australian colonial revenue bonds are made applicable." The 11th section directs that all monies under the control of the said Board of Commis- sioners shall be received and paid by the treasurers who may be appointed by the board. If, therefore, the Commissioners are correct in considering the fund as placed under their control, they conceive it necessarily follows, that its proper custody will be that of the treasurer in England (si: I have, &c. 'ned) Rowland Hill. No. 34. Rowland Hill, Esq, to J. Stephen, Esq. 29 June 1836. —No. 35.— Copy of a LETTER from J, Stephen, Esq. to A. Y. Spearman, Esq. No. 35. Sir, ■ Downing-street, 1 July 1836. lltti'" I HAVE laid before Lord Glenelg your letter of the i6th ultimo, enclosing the extract of £jq_ ' a report from the Board of Audit, relative to the pecuniary responsibilities which will arise, ^ jujy 1836. and the accounts required to be rendered, under the provisions of the South Australian - Act. I am directed by his Lordship to acquaint you in reply, that he referred your letter to the Colonization Commissioners for the purposes of ascertaining their opinion as to the pro- per custody of the funds raised by themselves under the authority of the Act, for the service of the colony, and to enclose you a copy of their answer to that reference. I am further directed to observe, that if the Colonization Commissioners rightly construe this Act, it would seem that the funds borrowed on the security of the revenues of the projected colony are not, as has been supposed, under the control of the Lords Commis- sioners of the Treasury, but are subject, with the exception of certain salaries, to the control of the local commissioners. Lord Glenelg can hardly suppose that the authors of the Act really contemplated such a consequence, the effect of which would be virtually to transfer from the Lords Commissioners of the Treasury, and from the Secretary of State for the Colonies, to the Colonization Board, not only ihe sale of the lands and the appropriation of the proceeds, but also those financial powers which are essential to the administration of the public affairs of the new colony. As, however, it seems to be indispensable to ascertain whether the views of the Commissioners are well founded, Lord Glenelg presumes that the Lords Commissioners of the Treasury will not think it right to direct or sanction the issue of any further part of those funds, until their Lordships shall have taken the opinion of the legal advisers of the Crown whether the control of the funds rests with the Colonization Commissioners or with their Lordships. I am directed to add, that the settlement of this question is the more urgent, because, if the construction put by the Colonization Commis- sioners on the Act be accurate, it may be doubtful whether the Lords Commissioners of the Admiralty have any valid security for the repayment of the expenses which they have incurred, and are about to incur, for the service of the colony. I am, Sec. (signed) J. Stephen, — No. 36.— Copy of a LETTER from J.Stephen, Esq. to the Colonization Commissioners of South Australia. Gentlemen, Downing-street, 6 July 1836. I HAVE received, and laid before Lord Glenelg, the letter addressed to myself by your secretary, on the 29th ultimo, in which you state your opinion that the control of the funds raised under the statute 4 & 5 Will. 4, c. 95, except so far as relates to the salaries of the officers, which, by the 15th section, are to be fixed and revised by the Lords of His Majesty's Treasury, is placed in your hands. Lord Glenelg directs me to acquaint you that he has suggested to the Lords Commis- sioners of the Treasury the propriety of referring to the law officers [of the Crown the question whether your interpretation of the Act of Parliament in this respect be accurate or not. Some time must unavoidably elapse before their report on that subject can be received. In the interval, it will probably be indispensable to act on the subject of the colonial expenditure, and Lord Glenelg is anxious that the inconvenience with which the doubts suggested by you might otherwise be attended should be obviated by the arrangement which it is the design of this letter to explain. Assuming that the Act of Parliament had vested in the Lords of the Treasury the control of the funds raised under its provisions, with the exception only of those funds which are applicable to the purpose of emigration. Lord Glenelg had applied for and obtained their Lordships' sanction for the several items of expenditure mentioned in the subjoined list. If the control of these funds belong, as you are of opinion, to you, the employment of them under the orders of the Lords of the Treasury alone, and without your sanction, will of course be contrary to law. p.21. i In No. 36. J. Stephen, Esq. to the Colonization Commissioners of South Australia, 6 July 1 836. 66 APPENDIX TO REPORT FROM THE No. 36. In deference to your judgment. Lord Glenelg would therefore have been <^i«PO«/^„to.^;;^f J. Stephen, Esq. to that expenditure pending the consideration of the subject by the Attorney and Solicitor- the Colonization weneral Commissioners of " g^^ ^^ ^j^j^ ^oj^^at such a measure might be attended with extreme distress to the emi- erants about to embark for South Australia. ., , , ., . • j- ^ ^ H 8 Lordship, therefore, directs me to signify to y^u his w.sh that, without prejudice to the quesdon of legal right, you would with the least possible delay acquaint him whether yourpprove and sanction Ihe proposed expenditure, or whether, on the contrary, there are any items of it to which you object, either on the whole or m part. ■^ I have, &c. (signed) Jas. Stephen, South Australia, 6 July 1836. — No. 37 No. 37. A.Y. Spearman, Esq. to J.Stephen, Esq. 11 August 1836. Copy of a LETTER from A. Y. Spearman, Esq. to J. Stephen, Esq. gir Treasury Chambers, 11 August 1836. I AM commanded by the Lords Commissioners of His Majesty's Treasury to state to you, for the information of Lord Glenelg, that, upon the receipt of your letter of the 1st ult., my Lords caused a case to be submitted to His Majesty's law officers, referring to the pro- visions of the South Australian Colonization Act, detailing the correspondence which had taken place between the Commissioners under that Act and his Lordship's department, on the subject of the pecuniary responsibility of the Commissioners and the control they are entitled to exercise over the appropriation of the fund raised for the general purposes of the local government of the new settlement, and calling for the opinion of the law officers as to the " nature and extent of the control vested in His Majesty's Government, by the provisions of the Act, over the fund to be raised under the 18th section of it, and whether it rests with His Majesty's Government to direct the application of that fund, or whether their sanction is required for any application of the fund by the Commissioners, or how far the Commis- sioners may, upon their own authority, direct payments to be made out of it." I am also directed to forward to you copy of the Opinion now before my Lords upon that case, and with reference thereto, and to the communication made to you on the 16th June last, to request you will move Lord Glenelg to favour my Lords with his opinion as to the expediency of directing the Commissioners of Audit to frame instructions in regard to the accountability of the parties in whose hands the monies raised by the South Australian Commissioners may be placed, in conformity with the interpretation given to the Act by His Majesty's law officers. I have, &c. (signed) A. Y. Spearman. Opinion of the Attorney and Solicitor-General on a Case submitted to them, as to the Control of Government over Sums to be raised by the Colonization Commissioners under 4th and 5th Will. 4, ch. 95. "jWe are of opinion that the disposition of the^ fund raisable under the i8th section rests with the Commissioners, and not with His Majesty's Government. The Commissioners are bound to apply it for defraying the necessary costs, charges and expenses of founding the colony, and for the other purposes referred to in the i8th section. " The money raised is all to pass through the hands of the treasurer appointed by the Commissioners, and his accounts are to be audited in the same manner as those of other public accountants. " The Commissioners will be liable for any wilful misapplication of the money ; but so long as they bona fide apply it for the purposes indicated in the 18th section, they appear to us to have a discretion as to its application. (signed) " J. Campbell. Temple, 25 July 1836. « ]V. W. Rolfe." No. 38. J. Stephen, Esq. to A. Y. Spearman, Esq. 19 August 1836. — No. 38.— Copy of a LETTER from J. Stephen, Esq. to A. Y. Spearman, Esq. ^i""' . Downing-street, 19 August 1835. I HAVE laid before Lord Glenelg your letter of the 11th inst., together with the opinion of the Attorney and Solicitor-general relative to the control of the Government over sums to be raised by the Colonization Commissioaers for South Australia for the service of that settlement. His. Lordship directs me to acquaint you, in answer, for the information of the Lords Commissioners of the Treasury, that, unless the South Australian Act should be amended, he can perceive 110 reason to doubt the propriety of directing the Commissioners of Audit to frame instructions in regard to the accountability of the parties through whose hands the monies m question shall pass, in conformity with the opinion of the law officers of the Crown. His SELECT COMMITTEE ON SOUTH AUSTRALIA. &^ His Lordship must however observe, that he cannot but anticipate very great confusion No. 38. and difficulty from the anomalous system which has been introduced into this branch of J. Stephen, Esq. to the public business. So long as any funds shall remain at the disposal of the Commissioners, A. Y. Spearman, there can be no well-founded reason to expect that the local legislature will impose, or that Esq. the resident colonists will not strenuously object to any local taxation ; nor can Lord ^9 August 1836. Glenelg perceive how it will be possible to regulate the finances, or to conduct the go- ■ vernmeut of a colony for which a remote body is to raise and to expend money at their discretion on the pledge of the colonial revenues, while the local legislature is to grant and direct the appropriation of the same revenues. The difficulty appears to be increased from the circumstance of the Governor of South Australia being an officer, not of the Com- missioners, but of the King, and taking his instructions from His Majesty's Government. If, therefore, the Commissioners should raise loans or incur expenses which His Majesty's Government should not approve, the Lords of the Treasury would be in the dilemma either of directing the Governor to take measures for making good charges, which, in their judgment, ought not to have been incurred, or of refusing to persons lending money on the faith of an Act of Parliament the authority or influence of the Government for obtaining repayment of the loan. Lord Glenelg would therefore submit to the Lords of the Treasury his opinion, that so much of the Act as relates to the appropriation of the produce of any taxes to be hereafter raised in South Australia, should be so amended as to bring the entire administration of those funds under the control of their Lordships' Board and of the local legislature, as in other colonies. If such amendments should be in'contemplation, his Lordship thinks that it might be expedient to arrange with the Commissioners for obtaining the concurrence of the Treasury in all their intermediate expenditure. I am, &c. (signed) Jas. Stephen. —No. 39.— Copy of a LETTER from F, Baring, Esq. to J. Stephen, Esq. Sir, Treasury Chambers, 7 October 1836. I HAVE laid before the Lords Commissioners of His Majesty's Treasury your letter of 19th August last, relative to the control of the Government over sums to be raised by the Colonization Commissioners for South Australia, for the service of that settlement; and I am commanded to request you will acquaint Lord Glenelg, that my Lords concur in opinion with his Lordship as to the inconvenience that is likely to result from the anomalous provisions of the South Australian Colonization Act, with respect to the control of the application of the funds raised by the Commissioners to defray charges of founding and providing for the government of the colony, and as to the expediency of obtaining the sanction of Parliament for its amendment ; and my Lords will be fully prepared to take into consideration any arrangement Lord Glenelg may think proper to propose to the Commissioners with this view, whereby His Majesty's Government may either be absolved from the responsibility of raising a revenue to meet engagements, which, under the existing Act, might be contracted without their concurrence, or may be duly empowered to control both the exercise of the power vested in the Commissioners to raise money on security of the revenues, and the application of the money when so raised. I am therefore directed to request you will move Lord Glenelg to communicate with the Colonization Commissioners on the subject of such amendments, and in the event of the course last mentioned being adopted, to make the arrangement suggested in Mr. Stephen's letter, with a view to the concurrence of His Majesty's Government being obtained for any appropriation of the money raised upon the revenue securities, that it may be necessary to make in the intermediate period ; and in the meantime my Lords will desire the Com- missioners of Audit to proceed with the preparation of such instructions, in regard to the mode and forms of rendering and vouching the accounts of the funds to be raised under the Colonization Act, as may ensure uniformity and regularity in this respect, subject to the future decision of the question of direction and control over the revenue-security fund. I have, &c. (signed) F. Barinff. No. 39. F. Baring, Esq. t3 J. Stephen, Esq. "7 October 1836. — No. 40. — Copy of a LETTER from /. Stephen, Esq. to A. Y. Spearman, Esq. No. 40. „. J. Stephen, Esq. to oir, Downing-street, 24 February 1837. A. Y. Spearman, Having referred to the Colonization Commissioners for South Australia, your letter of Esq. the 6th instant, on the subject of the charges made in their treasurer's accounts for adver- 24 February 1837. tising a dinner given to Governor Hindmarsh, and for a commission to Mr. Wright, I am directed by Lord Glenelg to transmit to you a copy of the answer which has been received from the Colonization Commissioners, and I am to request that, in laying their letter before the Lords Commissioners of the Treasury, you will inform tiiem that it contains the only information which it is in Lord Glenelg's power to furnish respecting the questions proposed in your letter. 0.21. i 2 lam 'Sp^, 68 APPENDIX TO REPORT FROM THE No. 40. I am further directed to observe, that as the Act of Parliament, according to the con- J. Stephen, Esq. to slruction of the Attorney and Solicitor-general, exempts the Colonization Commissioners A. Y. Spearman, from all responsibility for any expenditure incurred by them in the conduct of the com- mission, except in the case of an outlay totally unconnected with the settlement and colonization of South Australia ; and understanding their letter as a virtual assertion of that principle, Lord Glenelg is of opinion that no useful purpose could be answered by considering whether the expenses in question were properly incurred or otherwise. I am, &c. (signed) Jas. Stephen. Esq 24 February 1837 South Australian Colonial Office, Adelphi-terrace, Sir, 16 February 183J'. In reply to your letter of the X3th instant, with reference to the accounts of the treasurer, I am directed by the Colonization Commissioners for South Australia to acquaint you, for the information of Lord Glenelg, that the explanation of the circumstances connected with the allowance of a commission of 500/. to Mr. John Wright, as quoted in the report of the Commissioners of Audit enclosed in your letter, was given to the Commissioners of Audit by the Board of Colonization Commissioners, and under the signature of two members of their body, although transmitted by Mr. Barnes. As regards the expenditure of 17^. los, 6d. in advertising the dinner to Captain Hind- marsh, tne Colonization Commissioners direct me to state, that they concur in and confirm their treasurer's explanation of the circumstances, as quoted by the Commissioners of Audit, and that they would not have sanctioned the expenditure if they had not thought it necessary. I have, &c. (signed) Rowland Hill. No. 41. Rowland Hill, Esq. to Sir G. Grey, Bart. M. p. 18 February 1836," — No, 41. — Copy of a LETTER from Rowland Hill, Esq. to Sir G. Grei/, Bart. m. p.. South Australian Colonial Office, Adelphi-terrace, Sir, 18 February 1836. The Colonization Commissioners for South Australia direct me to acquaint you, for the information of Lord Glenelg, that they find they could raise the future loans for the purposes of the colony upon much more advantageous terms if they were authorized to proceed on the principle of annuities, as adopted in eflfecting loans for the purposes of Government, a mode of proceeding which, they are advised, is not sanctioned by the Act of Parliament under the authority of which they are appointed. The Commissioners are therefore desirous that application should be made to Par- liament for the necessary authority ; and as the saving to the colony thus effected would be very considerable (about two per cent, on the interest of the loans shortly to be contracted for), they trust Lord Glenelg will sanction the proposed measure, and that he will feel no difficulty in advising His Majesty's Government to introduce the Bill into Parliament. I have, &c. (signed) Rowland Hill No. 42. J. Stephen, Esq. to South Australian Commissioners, 25 February 1836. ~No. 42. — Copy of a LETTER from J. Stephen, Esq. to the South Australian Commissioners. Gentlemen, Downing-street, 25 February 1836. I HAVE laid before Lord Glenelg your secretary's letter of the 18th instant, representing that you could raise the future loans for the purpose of the colonv of South Australia on much more advantageous terms if you were authorized to proceed on the principle of annuities, as adopted in effecting loans for the purposes of Government, and expressing a ftope that Lord Glenelg would sanction such a measure, and would introduce a Bill into Parliament for enabling you to carry it into effect. Inreply, I am directed to acquaint you, that it will be necessary for Lord Glenelg to have before him a draft of the Bill which you desire to have introduced into Parliament, before he can express any opinion on the subject. I am, Sec. (signed) Jas. Stephen. SELECT COMMITTEE ON SOUTH AUSTRALIA. 6g — No. 43.— Copy of a LETTER from JR. Torrens, Esq. to Lord Glenelg. No. 43. o 1 A !• m ^ ' \ r\ai R, Torrens, Esq. to South Australian Colonial Office, -^^j.^ Glenelg, My Lord, 6, Adeiphi Terrace, 1 June 1836. ^ j j„j,g 1836.* On the receipt of Mr. Stephen's letter of the 25th February, stating, in reply to Mr. Hill's letter of the 18th of that month, that it was your Lordship's desire to have prepared a draft of the Bill by which it was proposed to give the Commissioners the power of raising loans by annuity, the necessary steps were immediately taken by the Board for complying with your Lordship's wish ; but as, since the formation of the commission, many doubts and diflaculties have arisen in consequence of the ambiguity of the Act upon several important points, the Commissioners thought it expedient that the objects of the amended Bill should be extended, with a view to the removal of such ambiguity, and in order that their powers and duties maj' be satisfactorily defined. The draft of a Bill incorporating the various amendments which, on a careful consideration of the whole Act, appeared desirable, has therefore been prepared with as little delay as possible, by Mr. Senior and Mr. Coulson, under the instructions of the Commissioners. This draft I have now the honour of submitting for your Lordship's approval ; trusting that the proposed measure will receive your Lordship's sanction, and that you will feel no difficulty in advising His Majesty's Government to introduce the Bill into Parliament. There are some provisions of the proposed Bill respecting which it may be necessary that I should trouble your Lordship with a few observations. The power which it is proposed should be given to the Commissioners by the 19th section, will conduce greatly to the economical management of the colonial funds. At the present moment the Commissioners have in hand an emigration fund amounting to upwards of 30,oooZ., by far the greater part of which will for a very considerable time at least be quite useless for the purposes of emigration, and yet, unless the requisite power be obtained, the Commissioners will be obliged immediately to raise loans at a high rate of interest for defraying the expenses of the colonial government, and thus saddle the colony with a heavy annual charge which, is altogether unnecessary. By the aoth section it is proposed to exempt the bonds from the stamp duty. The Commissioners conceive that when the Legislature determined to throw upon the infant colony the whole weight of its own expenditure, it could not have been intended to add to the burthen by making it contribute also to the expenditure of the mother-country. The 22d section is introduced for the purpose of empowering His Majesty's Government to relieve the colony from the necessity of mai taining the guarantee fund whenever it shall appear safe and proper so to do. As the cost to the colony of maintaining this fund cannot be estimated at much less than i,4ooZ. per annum (the difference between the interest paid and the interest received on aOjOOoZ.), it is certainly desirable that the fund should be continued no longer than is absolutely necessary. In conclusion, I take the liberty of respectfully representing to your Lordship, that with reference to the finances of the colony, it is of the utmost importance that the proposed amendments should be submitted to Parliament with as little delay as possible, in order that they may be adopted before the close of the session. I have, &c. (signed) Robert Torrens, Chairman. A Bill to amend an Act of the Fourth and Fifth Years of His present Majesty to erect South Australia into a British Province or Provinces. Whereas by an Act passed in the fourth and fifth years of the reign of His present Majesty, intituled, "An Act to empower His Majesty to erect South Australia into a British Province or Provinces, and to provide for the Colonization and Government thereof," His Majesty was empowered, with the advice of his Privy Council, to erect and establish within that part of Australia which lies between, the meridians of the i32d and 141st degrees of east longitude, and between the Southern Ocean and the 26th degree of south latitude, together with the islands adjacent thereto, and the bays and gulfs thereof, one or more provinces, and to fix the respective boundaries of such provinces. And by the said Act it was enacted that it should be lawful for His Majesty, by warrant under the sign manual, countersigned by His Majesty's Principal Secretary of State for the Colonies, to appoint three or more fit persons to be Commissioners to carry certain parts of the said Act into execution, such Commissioners to be styled the " Colonization Commissioners fpr South Australia." And vphereas by a warrant under the sign manual of His said Majesty, and counter- signed by the Right hon. Charles Baron Glenelg, one of His Majesty's Principal Secretaries of State, having the Department of the Colonies, Robert Torrens,^ William Alexander Mackinnon, William Hutt, John George Shaw Lefevre, George Palmer the younger, Jacob Montefiore, Samuel Mills, Edward Barnard, Josiah Roberts, and James Pennington, Esqrs., were duly appointed to be such Colonization Commissioners for South Australia ; 0.21, i 3 And 70 APPENDIX TO REPORT FROM THE No. 43. Treasurer to act under the order of the Commissioners. Surplus funds to be invested in the names of trustees. 5 Power to raise 3 money hy way of I annuities. And whereas His said Majesty, on or about the day of by letters- patent under the Great Seal of Great Britain, with the advice of his Privy Council, and in pursuance of the powers in that behalf vested in His said Majesty by the said recited Act of Parliament, did erect and establish one province, to be called " The Province of South Australia," and did thereby fix the boundaries of the said province in manner following; (that is to say) on the north the 26th degree of south latitude, on the south the Southern Ocean, on the west the i32d degree of east longitude, and on the east the 141st degree of east longitude, including therein all and every the bays and gulfs thereof, together with the- island called Kangaroo Island, and all and every other islands adjacent to the said last- mentioned iisland, or any part of the main land of the said province, and it was thereby provided that nothing in the said letters-patent contained should affect, or be construed to aifect, the rights of any aboriginal natives of the said province to the actual occupation or enjoyment in their own persons, or in the persons of their descendants, of any lands therein then actually occupied or enjoyed by such natives: And whereas the sum of 35,000^, has been raised by the sale of lands in the said pro-, vince, and the sum of 39,000/. has been raised by the issue of South Australia Colonial Revenue Securities for the purposes in the said Act mentioned, and the sum of 20,000/., part thereof, has been invested in government securities in the names of trustees appointed by His Majesty, as a guarantee or security fund, as required by the said Act : And whereas doubts have arisen as to the extent of the powrers vested iii the saicl, Colonization Commissioners for South Australia by the said Act, and it is expedient that such powers should be most clearly defined, and that the provisions of the said Act should be amended in manner hereinafter mentioned ; Be it enacted and declared 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, thai; the several treasurers appointed or to be appointed by the said Commissioners shall not pay,, apply, or invest any money which shall have been or shall be received by such treasurers respectively, under the powers of the said recited Act, or of this Act, save only upon an order signed by two or more of the said Commissioners, or by some officer authorized by a rule, order or regulation of the said Commissioners to sign orders for payment of monies, and every order so signed aa aforesaid shall be a sufficient authority and an imperative direc- tion to such treasurers respectively for the payment, application or investment of the money in such order directed to be paid, applied or invested according to the tenor or effect of such order: provided always, that it shall be lawful for the said Commissioners, with the consent of one of His Majesty's principal Secretaries of State, to appoint two or more persons to be trustees of the surplus monies at the disposal of the said Commissioners, and from time to time, with the like consent, to remove any such trustees or trustee, and from time to time to appoint new or additional trustees for the like purpose; and it shall be lawful for the said Commissioners from time to time, to cause so much of the- monies at their disposal as shall not for the time be required for the purposes of the said recited Act, or this Act, jo be invested in the names of such trustees, or of any two or more of them, in? the Bank of England, or on Government or Parliamentary securities at interest, and from time to time to cause such investments, funds and securities to be withdrawn, sold, altered,, varied or disposed of, as the said Commissioners shall think fit; and the order of the said Commissioners shall be a sufficient warrant and authority to the said trustees for all such sales and other dispositions of such funds and securities: provided always, nevertheless, that all monies from time to time paid under the orders of the said Commissioners to the purposes of the said recited Act, or this Act, other than and except payments incident to the alteration and variation of such funds and securities as aforesaid shall be paid through and by the treasurer of the said Commissioners. And be It further enacted, that it shall and may be lawful to and for the said Commis- sioners to raise all or any part of the sum of 50,000/. in the said Act mentioned, and all or any part of the sum of 160,000/. residue of the sum of 200,000/. in the said Act mentioned, and ajso all other monies which the said Commissioners may from time to time be autho- rized to raise under the powers of the said recited Act or of this Act, or any part of the same respectively, by selling and granting perpetual annuities, or annuities for any life or ZZ' "".' t^'T^ I'r^''' '^'™' °^ ^^^''' ^^'°'"'^ or determinable on any life or lives, on such. nW~.H '''\\ ^^^'"^'^^'""ers shall appear reasonable; and all such annuities shall be ,h. m .i '^^.^''g^^bk upon and payable out of such funds respectively as the interest of Ek A.?rL? 1h°''"' T ^' '^If^ ^^ '^'^ '^^^ '■^<=''e'J Act areV the said recited Act or fn m «Ll «nf "' '^•^'^^P^y'^^le out of; and the grants of such annuities shall be in such S ,^;n.i hnll^r^L fl' '^"'^ ■'^f rr^^' ^^"^ assignable in such manner as the said Cora- ^f anv nnn ,if! M ^' '' P'^I'^?'^ "'™"y^' '^'' *" ^^^'T S'"^"' «f ^"Y Perpetual annuity, or aL term dp IL 17 terrn absolute exceeding 40 years,%r for more than one life,, or for r/t sh^ll t n f i' °" *^' ''""""'*" ''^' "^'■^ than one person, under the authority of this feourcha able Zfhf -■? i^^''^^"?^"* "•• P'«viso that such annuity shall be redeemable or Sch^mefnnH f. '/' Commissioners; and in such proviso or Agreement shall be fixed unde. The M^,L , ' '\' redemption and repurchase' thereof as tlie said Commissioners, lawt fo, .hP^.^H P "' -^ "'" '°".*'"^'' ^^^" thi"'< reasonable ; and it shall and may be Javvfui tor ttie sa a Commissinnprs: frnm t;™„ . •■ » ■ 11 n nfth« .•pHfiP,r,nM„ "^"".'"""^ o"^p, fiom time to time, to repurchase and redeem a 1 or any s, oh fnndfrptr ipt 7""'' ^^''^^ ^"'^orized to be granted, with the monies accruing from .uh nnnn lil^ K ^' T '"'f^''" '''' '' ^^alL appear to them that the charge creafed by such annuities can be reduced, with money borrowed and taken up by all tr any of the means SELECT COMMITTEE ON SOUTH AUSTRALIA. 71 means by the said recited Act or this Act authorized, which money the said Commissioners are hereby authorized to borrow and take up accordingly. And be it enacted, that it shall be lawful for the said Commissioners to apply all or any of the money which now is or shall, from time to time, be in the hands of their treasurers to the payment of the interest on the said South Australia public lands securities, and on the said South Australia colonial revenue securities respectively, and of the annuities by this Act authorized to be granted, and to the paying or defraying any expenses incurred in carrying the said recited Act and this Act into execution, or in applying for and obtaining the said recited Act and this Act, although such money shall not form any part of or have arisen from the revenue or fund charged primarily or exclusively with the payment of the interest or expenses to which it shall be so applied : provided always, that in every case in which any money advanced out of the monies borrowed in the said South Australia colonial revenue securities, or derived from the revenue of the said province, shall be applied in aid of the emigration fund, the money so advanced shall be a debt due from the said emigration fund to the said province ; and in case any part of the said emigration fund shall be applied in aid of the revenues of the said province, the monies so advanced shall be a colonial debt, owing by the said province to the said Commissioners on account of the said emigration fund, and distinct accounts of all such advances shall be kept in the books under the direc- tion of the said Commissioners ; and such advances respectively shall be repaid or replaced as soon as conveniently may be (but w^ilhout interest thereon in the meantime), by the said •Commissioners out of the monies accruing to the fund debited with such advance ; and when an}' money advanced from either of the said funds in aid of the other of them shall be required for the purpose of the fund from which the advance shall be made, the said Com- missioners shall and may borrow and take up at interest, or raise in addition to the monies which they are authorized to borrow by the said recited Act, money for repaying such advance by all or any of the means by this Act or the said recited Act authorized ; and the securities on which such monies shall be so raised shall bear such names and shall be charged upon and payable out of such funds respectively as the same would have been charged upon and payable out of, if such securities had been made under the powers of the said recited Act or this Act, or for the use of the fund debited with the advances so repaid. And be it further enacted, that no bonds, charges, grants of annuities, or other instru- ments executed by the said Commissioners, under the powers of the said recited Act, shall be liable to any stamp duty. And whereas notice was published in the London Gazette, in the month of May 1835, of the appointment of Commissioners for carrying into effect certain parts of the said recited Act; but such appointment was not then signed by His Majesty, as required by the said Act, be it enacted, that all contracts, obligations, rules, orders and regulations, matters and things whatsoever entered into, executed, made or done by the Commissioners so named, or any two of them, or other the Commissioners for the time being, acting under the authority or supposed authority of the said recited Act, or in the execution or sup- posed execution of the powers vested in them by the said Act, and not inconsistent with the provisions of the said recited Act, as explained and extended by this Act, shall be, and the same are hereby ratified and confirmed from the respective periods at which such con- tracts, obligations, rules, orders and regulations, matters and things, were respectively entered into, executed, made and done, and the same shall be from such respective periods valid and effectual, notwithstanding the powers of such Commissioners may not at such periods have extended to authorize the same respectively. And whereas the maintenance of the guarantee or security fund of 2o,oooZ., in the said Act mentioned, may become burthensome to the said province ; be it enacted, that it shall be lawful for any one of his Majesty's Principal Secretaries of State to dispose of the said guarantee or security fund, or any part thereof, for any of the purposes to which the monies raised by the issue of the said South Australia colonial revenue securities, are by the said recited Act or this Act made applicable, without requiring any sum or sums, in lieu of the said guarantee or security fund, or such part thereof as shall be%o disposed of, to be invested in the names of the trustees in the said Act mentioned. And be it enacted, that this Act may be altered or repealed by any Act or Acts to be passed in this present session of Parliament. No. 43. Commissioners to apply money raised from either fund, convertibly, keep- ing separate ac- counts. Power to raise money on the se- curity of the re- venue to pay debts incurred to the emigrant fund, and vice versd. Bonds, &c., ex- empted from stamp duty. Confirmation of acts of Commis- sioners, Power to Secretary of State to release the guarantee fund. Act may he altered. — No. 44. — Copy of a LETTER from J. Stephen, Esq. to R. Torrens, Esq. T ' 7 -J I f T Downing-street, 5 July 1836. 1 HAVE laid before Lord Gienelg your letter of the 1st ultimo, enclosing the Draft of a JBill which the Colonization Commissioners propose should be introduced into Parliament for the amendment of the present South Australian Act. Lord Gienelg directs me to acquaint the Commissioners that he is at all times willing to consult theirwishes, and his Lordship concurs with them in thinking that it will be necessary, at a proper opportunity, to bring in a Bill to amend the South' Australian Act ; but the proposed Draft, while it omits reference to some amendments that seem requisite, involves, on the matters to which it does apply itself, some important details, respecting which a difteience of opinion may exist, whiph will consequently require much discussion. Adverting 0.21. No. 44. J. Stephen, Esq. to R, Torrens, Esq. 5 July 1830'. «4 to 72 APPENDIX TO REPORT FROM THE No. 44. to these circumstances, and to the present advanced period of the session. Lord Glenelg J. Stephen, Esq, to thinks it more advisable to defer any Parliamentary proceeding till the next session. In the R.Torrens, Esq. nieantime his Lordship will be glad to communicate with the Commissioners on the pro- 5 July 1836. visions of a comprehensive measure of amendment. I am, &c. (signed) J. Stephen. — No. 45.— Co py of a LETTER from R. Torrens, Esq. to Lord Glenelg. South Australian Colonial Office, Ad el phi-terrace. No. 45. My Lord, 17 August 1836. 11. Torrens, Esq. to Me. Stephen in his letter of the 5th ultimo, having communicated to the Colonization Lord Glenelg, Commissioners your Lordship's desire that the proposed alterations in the South Australian 17 August 1836. ^ct should be postponed until the ensuing session of Parliament, and having stated that ia the meantime your Lordship would be glad to communicate with the Commissioners on the provisions of a comprehensive measure of amendment, I have the honour to submit for your Lordship's consideration the accompanying paper, containingithe views which have occurred to the Commissioners on the arrangements under which the financial business of the new colony may be conducted. ' The enclosed paper contains two different plans : the first is suggested upon the sup- position that your Lordship may deem it expedient to vest in the Commissioners the custody and application of the revenue fund, and to throw upon them the responsibility of keeping the expenditure of the colony within the limits of its own resources. The second has been framed under the supposition that your Lordship may consider it more advantageous to the public service that the custody of the revenue fund, and the responsibility of carrying out the self-supporting principle, should rest with the Colonial Office and with the Lords of the Treasur}', and that the functions of the Colonization Com- missioners should be confined to the disposal of land and the management of the emigration. The Commissioners beg to assure your Lordship that in suggesting an arrangement which relieves them from the responsibility of regulating, the finances of the colony, they are not actuated by anj' desire to depart from or evade the original undertaking upon which His Majesty assented to its establishment. Their confidence in the self-supporting principle has suffered no abatement, and they have no wish to fly from the responsibility of carrying out the principle into practical effect, should your Lordship decide upon entrusting them with the necessary powers. At the same time, they are equally willing to confine their functions to the management of the public land, and of the emigration, should it be deemed inexpedient to delegate to them the extended powers, without which they would be unable to execute the task of equalizing the revenue and expenditure of the colony. Though a considerable period must elapse before the sanction of the Legislature can be obtained for any new arrangement for the management of the colony, yet the Commis- sioners request, that your Lordship will have the goodness to communicate to them, as early as may be convenient, what the new arrangement is intended to be, in order that they may be prepared to conform to it. At present, in consequence of the ambiguity of the Act of Parliament, and of their not knowing how far it is intended that their functions and their responsibility shall extend, the Commissioners frequently feel uncertain whether they may be considered as stepping beyond their powers, or as falling short of the performance of their duty. I have, &c. (signed) Robert Torrens. Suggestions for conducting the Financial Akrangements of the Colony of South Australia. The colony of South Australia, as originally proposed, was to have been a chartered and a selt-supportmg colony, and the Colonization Commissioners were to have been a corpora- tion, exercismg executive, legislative and financial control, and responsible to His Majesty's (.government for carrying out the self-supporting principle. When this plan was subse- quently altered, the alterations vyere not made with sufficient care and discrimination : the powers which were left with the Commissioners being too great if it were intended to Jimit then-functions to selling land and conducting emigration, and being too narrow if it were intended that their functions should extend to the financial arrangements involved in uie self-supporting principle. The consequence is, that in whatever way the Attorney and toolicitor-general may decide the financial question which has been referred to them, an alteration in the existing Act of Parliament will be necessary. & louid the law officers of the Crown decide that, under the provisions of the South Austra lan Act, the custody and application of the fund raised upon the security of South Australian Revenue Bonds are vested in the Colonization Commissioners, an alteration in ine Act will be required, in order to give the Commissioners such a control over the revenue and expenditure of the colony as may enable them to provide for the interest of the colonial -« nlMaiest/s Government. 3 March 1837. Jr^^^^^'^^^Lnication the Commissioners have not as yet been favoured with a reply ; and theysubmit to Lord Glenelg the great importance of immediately removing all .doubt °°The Commissioners are aware that the law officers of the Crown have decided that the Act of Parliament in its present form gives the control of the revenue fund with certain Exceptions, to the Commissioners; but they are desn:ous of being informed whether Lord Glenei intends to propose such modifications of the Act as may be necessary to render riiat control real and efficient, or to transfer the control and responsibility entirely to His Ma estv's Government. In Colonel Torrens's letter, modes of effecting one or other of these objects are submitted for consideration, and the Commissioners are exceedingly anxious to obtain Lord Glenelg's opinion thereon ; they being desirous to adapt their proceedings m conformity with his Lordship's views. . . • . r An additional reason for deciding this question at the present time appears to arise out of the drafts of Instructions prepared by the Commissioners of Audit for the different officers, respecting which the Commissioners find it quite impossible to express an opinion in their present state of uncertainty. • j • .u i .. ^ en/r With respect to the statement relating to myself, contained in the la ter part of Mr^ Bulterworth's letter, a copy of which is enclosed in yours of the 21st ultimo, 1 beg to remark that it is altogether erroneous. , ^ , • 1 /c As regards the sum of 101 /. 6s. 2d., stated to be due to the Colonial-office on account of expenses incurred in passing the letters-patent creating the colony, and in preparing the warrant appointing the commission, I am directed to state that as the drafts of these instruments were prepared by the solicitor to the commission, the Commissioners did not expect that any further expense would be incurred, and to request that they may be fa- voured with a statement of particulars. I have, &c, (signed) Rowland Hill. No. 49. ""T. Stephen, Esq. to : ' be Colonial Com- ^j'jiissioners for fiil^outh Australia, ■'I1I3 March 1837. — No. 49. — Copy of a LETTER from J. Stephen, Esq. to the Colonization Commissioners for South Australia. , ' Gentlemen, Downing-street, 23 March 1837. I AM directed by Lord Glenelg to acknowledge the receipt of your secretary's letter of the 24th ultimo, enclosing the draft of a Bill for the amendment of the Act for the establish- ment of South Australia as a distinct province, and of the 3d instant, referring to the payment of certain demands which have been made on the funds under your control. Before offering any remarks on the draft of the Bill which you have prepared. Lord Glenelg would advert to some of the topics noticed in your secretary's letter of the 3d instant. It is there observed that your chairman's letter of the 17th August last has not been answered, " but that you are aware that the law officers of the Crown have decided that the Act of Parliament in its present form gives the control of the revenue fund, with certain exceptions to the Commissioners." The neport from the law officers of the Crown, to which you thus refer, appeared to Lord Glenelg to supersede the necessity for discussing thequestions noticed in Colonel Torrens's letter of the 17th August. Your secretary's letter of 34th February, was understood by his Lordship as an affirmation by you of the same opinion, for that letter, after referring to the opinion of the law officers of the Crown, and to Lord Glenelg's wish that the amendments to be proposed should be as few as possible, stated that " the Commissioners have determined to confine their application 10 a short declaratory Act," Lord Glenelg is therefore unable to understand the reasons which appeared to render necessary on the 3d instant the revival of those questions which, on the 24th ultimo, you appear to have regarded as set at rest by the opinion of His Majesty's legal advisers. His Lordship is not aware that there is any practical difficulty for the removal of which it would be necessary to apply to Parliament, excepting those which it is proposed to obviate by the Bill, a draft of which was enclosed in your secretary's letter of the 24th February. Lord Glenelg will now, therefore, advert to the terms of that draft, and will be ready to discuss the propriety of any additions to it which you may recommend, with a view to the objects mentioned in your secretary's letter of the 3d instant. But his Lordship finds it impossible to combine the discussions of the first with a review of the second of those drafts, since the two being drawn up upon different principles, are necessarily incompatible with each other. The first clause of ihe Bill, enclosed in your secretary's letter of the 24th ultimo, appears to be designed to confirm, by the authority of Parliament, the construction given to the South Australian Act by the law officers of the Crown. If such be the meaning, it does not occur to Lord Glenelg why it should be necessary to apply to Parliament for this purpose, since His Majesty's Government entirely acquiesce in the construction which the statute has thus received, and are not aware of any ground on which the existence of doubts on that subject would any longer be alleged. The SELECT COMMITTEE ON SOUTH AUSTRALIA. 77 The second clause authorizes the Commissioners to borrow l6i,oool. and 50,000 if., or No. 49. any part of either of those sums, on annuities for life or for years, or on perpetual annuities, j, Stephen, EJsq. to Assuming that you are well founded in the opinion that the borrowing of money on the Colonial Com- annuities might, in the result, be a more economical system than that of negotiating loans, missioners for to be paid off at a period fixed, with interest in the mean time. Lord Glenelg presumes tliere South Australia, can be no doubt that the immediate annual charge upon a loan, raised by way of annuity 23 March 1837. for life, or for a term of years, will be greater than upon an ordinary loan of money. — — If so, the effect of this change of the loan would be to increase the present demand on the fund from which the interest is to be drawn, that fund being the proceeds of local taxation. But before the colonists are made responsible for the payment of interest at a rate increasing, or which may possibly exceed that for which the colonial revenue is at present responsible, it appears to Lord Glenelg that the local legislature should be consulted. The danger of their refusing to provide for the interest of these loans, appears to his Lordship so considerable, and the consequent embarrassment would be so extreme, that his Lordship is very unwilling to afford even a jast ground, or a reasonable pretext, for such a refusal. It appears to him also, that the introduction into Parliament of the proposed measure should be preceded and accompanied by some estimate of the charge which it is designed to incur, and of the ways and means by which it could be provided for. The third clause proposes, in substance, to merge into one general fund the money raised for emigiation, and the money raised for other purposes, and to render this consolidated fund applicable to all the objects of the Act, although accounts would be kept between the two funds, which should ascertain how far each was indebted to the other. Whether this arrangement would be consistent with the cardinal principle of the whole scheme, is a question which appears to Lord Glenelg to admit of serious doubt. However accurately the accounts might be kept on paper, the funds arising from the sale of lands would be applied to the maintenance of the local government, and in defraying the expenses of your commission. It seems scarcely possible to devise an effectual security for replacing in the emigration fund any money abstracted from it for such purposes. If the result should be, that the money was not so replaced, there would then be an end of that system which it was the object of your commission to bring to the test of actual experiment. Lord Glenelg, however, would not wish to be understood as expressing a positive opinion on this subject, but only as requesting your attention to it before any final decision shall be taken to submit your proposal to the approbation of Parliament. The fourth clause proposes to exempt your bonds from stamp duty. That is a question for the consideration of the Lords of the Treasury alone, and must therefore be referred to that Board; it will be desirable that you should supply Lord Glenelg with the grounds on which you claim this privilege. The fifth clause, for the confirmation of acts done before your actual appointment by the King, appears to have been inadvertently drawn up in terms not corresponding with* your real meaning. Lord Glenelg understands it to be your object to give to your acts, done before your appointment, the same validity as would have belonged to them if the appointment had been at that time actually completed ; the words of the draft would give an absolute Parliamentary sanction to all those acts. The sixth clause is intended to enable the Secretary of State to dispense with the main- tenance of the guarantee, or security fund. Such terms, if used by Parliament, would of course be equivalent in effect to a positive enactment that the course thus permitted should be taken. As, however, the guarantee fund was stipulated for as an indemnity to the British Treasury against the risk of the experiment, it is impossible that Lord Glenelg should express any opinion on the subject until the Lords Commissioners of the Treasury shall have fully considered it. When his Lordship shall be in possession of your answer to this communication, he will be prepared to consult the Lords of the Treasury as to the expe- diency of advising the King to assent to the introduction into Parliament of such a Bill as you have suggested, which, as it directly affects the rights of the Crown in South Australia, could not, according to Parliamentary usage, be entertained until the Royal assent had been first signified. His Lordship furtlipr directs me to suggest, that if it be decided that a Bill should be introduced into Parliament for an amendment of the South Australian Act, it may be desirable that it should be introduced by the member of your body who has a seat in the House of Commons. With reference to your request to receive a statement of the particulars of the charge of 101/. 6s. 2d. due to the cashier of this office on account of expenses incurred in passing the letters-patent, erecting the colony, and in preparing the warrant for your own appoint ment as Commissioners, 1 am directed to enclose the account as prepared by that officer, and am to observe, that the whole sum therein charged has actually been defrayed by Mr. Wilder, out of funds applicable to other services; and that in the accounts between himself and the public, Mr. Wilder will not be at liberty to take credit for any part of that payment, as part of the amount arises from fees payable to this department, it appears necessary that you should clearly understand that those lees are not received for the advan- tage of any individual, but constitute a part of the public revenue, which is applied in dimi- nution of the Parliamentary grant for the support of the establishment of this office, and annually accounted for to the Lords of the Treasury. I have, &c. (signed) Jas. Stephen. 0.21. k3 78 APPENDIX TO REPORT FROM THE No. 50, 4 & S WiU. 4, c. 95. Powers under former Act repealed, and new powers given to Her Majesty. Power to raise money by way of annuities. — No. 50.— Anno Puimo & Secundo, Cap. 60. AN ACT to amend an Act of the Fourth and Fifth Years of His late Majesty, empowering His Majesty to erect South Australia into a British Province or Provinces. [31st July 1838.] Whereas by an Act passed in the fourth and fifth years of the reign of His late Majesty, intituled, "An Act to empower His Majesty to erect South Australia into a British Pro- vince or provinces, and to provide for the Colonization and Government thereof," His Majesty was empowered, with the advice of His privy council, to erect and establish within that part of Australia which lies between the meridians of the one hundred and thirty- second and one hundred and forty-first degrees of east longitude, and between the Southern Ocean and the 26th degree of south latitude, together with the islands adjacent thereto, ahd the bays and gulfs thereof, one or more provinces, and to fix the respective boundaries of such provinces; and by the said Act it was enacted, that it should be lawful for His Majesty, by warrant under the sign manual, countersigned by His Majesty's Principal Secretary of State for the Colonies, to appoint three or more fit persons to be commissioners to carry certain parts of the said Act into execution, such commissioners to be styled " The Colonization Commissioners for South AustraHa:" And whereas by warrant under the sign manual of His said Majesty, and countersigned by the Right Honourable Charles Baron Glenelg, one of his Majesty's principal Secretaries of State having the department of the Colonies, Robert Torrens, William Alexander Mack in non, William Hutt, John George Shaw Lefevre, George Palmer the younger, Jacob Montefiore, Samuel Mills, Edward Barnard, Josiah Roberts, and James Pennington, esquires, were duly appointed to be such Coloniza- tion Commissioners for South Australia : and whereas His said Majesty, on or about the 19th day of February 1836, by letters-patent under the great seal of Great Britain, with the advice of His privy council, and in pursuance of the powers in that behalf vested in His said Majesty by the said recited Act of Parliament, did erect and establish one province, to be called "The. Province of South Australia," and did thereby fix the boundaries of the same province in manner following ; (that is to say) on the north, the twenty-sixth degree of south latitude, on the south, the Southern Ocean, on the west, the one hundred and thirty- second degreeof east longitude, and on the east the one hundred and forty-fi^rst degree of east longitude, including therein all and every the bays and gulfs thereof, together with the island called Kangaroo Island, and all and every other islands adjacent to the said last-mentioned island, or any part of the main land of the said province; and it was thereby provided that nothing in the said letters-patent contained should affect or be con- strued to affect the rights of any aboriginal natives of the said province to the actual occu- pation or enjoyment in their own persons, or in the persons of their descendants, of any lands therein then actually occupied or enjoyed by such natives: and whereas the sum of 35,000 Z. has been raised by the sale of lands in the said province, and the sum of 39,000/. has been raised by the issue of South Australia colonial revenue securities for the purposes in the said Act mentioned; and the sum of 20,000 Z. part thereof, has been invested in Government securities, in the names of trustees appointed by His Majesty, as a guarantee or security fund, as required by the said Act : and whereas doubts have arisen as to the extent of the powers vested in the said Colonization Commissioners for South Australia by the said Act, and it is expedient that such powers should be more clearly defined, and that the provisions of the said Act should be amended in manner hereinafter mentioned : and whereas it is in and by the said Act provided that it should be lawful for His Majesty, his heirs and successors, with the advice of his or their privy council, to authorize and empower such persons as therein mentioned to make, ordain and establish aws, institutions and ordinances, and to constitute courts, and to appoint officers, chap-, laius and clergymen, and to levy rates, duties and taxes as therein mentioned ; Be it enacted by the Queen'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 aforesaid powers and authorities shall be and the same are hereby repealed ; and in lieu thereof it shall and may be lawful for Her Majesty, her heirs and successors, by any order or orders to be by her or them made, with the advice of her or their privy council, to make, ordain, and bv warrants under her or their sign manual (subject to such conditions and restrictions as to her or them shall seem meet) to authorize and empower any three or more persons resident and being within the said pro- vince, to make, ordain, and establish all such laws, institutions, or ordinances, and to constitute such courts, and to impose and levy such rates, duties, and taxes as may be necessary for the peace, order, and good government of Her Majesty's subjects and others within the said province ; provided that all such orders, and all laws and ordinances so to be made as aioresaid, shall be laid before the Queen in Council as soon as conveniently may be alter the making and enacting thereof respectively, and that the same shall not in anywise be contrary or repugnant to any of the provisions of the said recited Actor of this 11. And be it enacted, that it shall and may be lawful to and for the commissioners appointed or to be from time to time appointed under the said recited Act, to raise all or any part oMhe sum of 50,000/. in the said Act mentioned, ^nd all or any part of the sum Of 101,000/!. residue of the sum of 200,000^. in the said Act mentioned, and also all other monies, SELECT COMMITTEE ON SOUTH AUSTRALIA. 79 No, 50. Commissioners to apply money raised from either fund convertibly, keeping separate accounts. monies which such commissioners may from time to time be authorized to raise under the powers of the said recited Act, or of this Act, or any part of the same respectively, by selling and granting perpetual annuity or annuities for any life or lives, or for any term or terms of years absolute or determinable on any life or lives, on such terms as to such commis- sioners shall appear reasonable; and all such annuities shall be charged and chargeable Tjpon, and payable out of, such funds respectively as the interest of the monies authorized to be raised by the said recited Act, are by the said recited Act or this Act charged or made payable out of; and the grants of such annuities shall be in such form, and such annuities shall be payable and assignable in such manner as such commissioners shall think fit : pro- vided always, that in every grant of any perpetual annuity, or of any annuity for any term absolute exceeding forty years, or for more than one life, or for any term determinable on the decease of more than one person, under the authority of this Act, shall be inserted an agreement or proviso that such annuity shall be redeemable or re-purchaseable by such commissioners ; and it shall and may be lawful for such commissioners from time to time to te-purchase and redeem all or any of the redeemable annuities hereby authorized to be granted, Tvith the monies accruing from such funds respectively as shall be chargeable with such annuities respectively, or (as often as it shall appear to them that the charge created by such annuities can be reduced) with money borrowed and taken up by all or any of the means by the said recited Act or this Act authorized ; which money such commissioners are hereby authorized to borrow and take up accordingly. III. And be it enacted, that it shall be lawful for the said commissioners, or for the com- missioners to be from time to time appointed under the said recited Act, to apply all or any of the money which now is or shall from lime 10 time be in the hands of their treasurers, to the payment of the interest on the said South Australia public land securities, and on the said South Australia colonial revenue securities respectively, and of the annuities by this Act authorized to be granted, and to the paying or defraying any expenses incurred in carry- ing the said recited Act and this Act into execution, or in applying for and obtaining the said recited Act and this Act, although such money should not form any part of, or have arisen from the revenue or fund charged primarily or exclusively with the payment of the interest or expenses to which it shall be so applied : Provided always, that in every case in which anj- money advanced out of the monies borrowed on the said South Australia colonial reve- nue securities, or derived from the revenue of the said province, shall be applied in aid of the emigration fund, the money so advanced shall be a debt due from the said emigration fund to the said province ; and in case any part of the said emigration fund shall be applied in aid of the revenues of the said province, the monies so advanced shall be a colonial debt, owing by the said province to such commissioners on account of the said emigration fund, and distinct accounts of all such advances shall be kept in the books under the direction of such commissioners; and such advances respectively shall be repaid or replaced as soon as con- veniently may be (biit without interest thereon in the mean time), by such commissioners, out of the monies accruing to the fund debited with such advance; and when any money advanced from either of the said funds in aid of the other of them shall be required for the purpose of the fund from which the advance shall be made, the said commissioners shall and may borrow and take up at interest, or raise in addition to the monies which they are autho- rized to borrow by the said recited Act, money for repaying such advance by all or any of the means by this Act or the said recited Act authorized ; and the securities on which such monies shall be so raised shall bear such names, and shall be charged upon, and payable out of such funds respectively, as the same would have been charged upon and payable out of, if stich securities had been made under the powers of the said recited Act or this Act, or for the use of the fund debited with the advances so repaid : Provided always, that the amount advanced from the said emigration fund in aid of the revenues of the colony, together with the debt which may have been due to the said emigration fund at the commencement of any year, shall not at the close of any such year exceed one-third of the amount which may have accrued to the said emigration fund in the course of such year. IV. And whereas notice was published in the London Gazette in the month of May Confirmation of 1835, of the appointment of commissioners for carrying into effect certain parts of the said acts of commis- recited Act, but such appointment was not then signed by His Majesty, as required by the sioners. said Act : Be it enacted, that all contracts, obligations, rules, orders and regulations, matters and things whatsoever entered into, executed, made or done by the commis- sioners so named, or any two of them, or other the commissioners for the time being, acting under the authority or supposed authority of the said recited Act, or in the execution or supposed execution of the powers vested in them by the said Act, and not inconsistent with the provisions of the said recited Act as explained and extended by this Act, shall have the same force and validity as if the commissioners had been duly appointed before the respec- tive periods at which such contracts, obhgations, rules, orders and regulations, matters and things were respectively entered into, executed, made and done. V. And whereas it is, in and by the said Act provided, that in case the commissioners Commissioners may should be unable to raise, by the issue of colonial revenue securities, the whole of the sum of apply proceeds of 20o,oooZ. therein mentioned, or that the ordinary revenue of the said province should be ?^ pa^^ent of insuflHcient to discharge the obligations of all or any of the said securities, the public lands revenue securities. of the said province then remaining unsold, and the monies to be obtained by the sale thereof, should be deemed a collateral security for payment of the principal and interest of the said colonial debt; but no monies obtained by the sales of public lands were to be employed in defraying the principal or interest of the said colonial debt so long as any 0.21. k 4 obligation Power to raise money on the security of the revenue to pay debts incurred to either fund. Proviso. 8o APPENDIX TO REPORT FROM THE No. 50. obligation created by the public land securities in the said Act mentioned should remain undischarged : And whereas the commissioners have raised the sum of by issue of colonial revenue securities, but the' said commissioners have not issued any South Australian public land securities: And whereas the ordinary revenue of the said colony hath been from, the first issue of the said colonial revenue securities, and still is, insufficient to pay the interest thereon, or on any part thereof; Be it therefore enacted, that it shall and may be lawful for the said commissioners, by any order or orders signed by them, or any two of them, to direct their treasurer or treasurers to apply so much of the monies received or to be received as and for the proceeds of the sales of public lands in the said province as may be necessary in payment and discharge of all or any part of the principal due and owing, and of the interest accrued and to accrue, upon the colonial revenue securities issued or to be issued by them, and so from time to time: Provided always, that in case the said commissioners shall hereafter issue any of the South Austra- lian public land securities in the said Act mentioned, then and in such case it shall not be lawful for the said commissioners to issue any such order as hereinbefore mentioned till such South Australian public land securities have been paid off and discharged : Provided also, that the sums so paid in pursuance of any such order shall constitute a colonial debt owing by the said province to the said commissioners as in the said Act mentioned. Act may be altered, VI. And be it enacted, that this Act may be amended or repealed by any Act to be passed in this present session of Parliament. N0.51. R. Torrens, Esq. to Lord Glenelg, 22 Dec. 1837. —No. 51.— Copy of a LETTER from R. Torrens, Esq. to Lord Gknelg. My Lord, South Australian Office, 22 December 1837. The Colonization Commissioners for South Australia, seeing the serious injury inflicted on the colony by the disunion and contentions arising out of divided authority, beg per- mission to submit, for the consideration of your Lordship, the enclosed minute on the means of removing an evil which, if suffered to continue, is calculated to impede, if not altoo-ether to destroy, the rising prosperity of the new settlement. The minute was unanimously adopted by the Board at its meeting on the 20th instant, and the commissioners venture to hope that the arrangements which it recommends, or some analogous and more suitable measure for securing unity and co-operation in administering the affairs of the colony, may receive the approval of your Lordship. I have, &c. (signed) Robert Torrens. Minute on the Means of preventing the Evils of Divided Authority in the Province of South Australia, submitted for the Consideration of Lord Glenelg by the Colonization Commissioners. 1. That, as far as may be found practicable and expedient, the Colonization Commis- sioners should be considered as bearing the same relation to the Colonial-office which the East India Company bears to the Board of Control. 2. That, subject to theapproval of the Secretary of State for the Colonies, and under the authority of his signature, the Colonization Commissioners do prepare the instructions issued to the governor and council of the colony, and that the commissioners shall submit, for the approval ot the Secretary of State, the regulations and instructions which they may issue respecting the sales of land, and the application of the funds at their disposal. (signed) Robert Torrens, Chairman. No. 52. J. Stephen, Esq. to the Colonization Cbmmissioners, 4 Jnnuary 1838. —No. 82.— Copy of a LETTER from J. Stephen, Esq. to the Colonization Commissioners for South Australia. Gentlemen, r» ■ t ,Qr,c T 4M ri;v.=„. 1 . • Downing-street, 4 January 1030. Colonr^TnrL ' °».''"1"r'"/ ^°''' ''^^^ ^"^'^ Glenelg has hid under his consideration course whrchhJ'i "'^ '\' ?^ "^'''"°' ""'^'^ '^^ ^i""^^ th^'""" ^"^=1"^^^^' stating the wUh aTiPwf . " -r"''^'^ ^' "" "^^ti^g °f yo"r Board to propose to his Lordship, South AiLL'^ I'n.ty and co-operation in administering the affairs of the colony of feouti, Austiaha as embodied in the two following resolutions" , '=r. ,bnnW !.'"■''' "!^y ^^ found pracicable and expedient, the colonization commis- ;1S Snoulcl hp rnncirloroJ „„ 1 • _ .1 . .r .'„,..„ ■ ■ i .l„ rnloni^QMr.VT'^^' "'•"•""'"^ 'ui^ me *^oionies, and under the authority of his sit.— , - colonization commissioners do prepare the instructions issued to the governor and council " of SELECT COMMITTEE ON SOUTH AUSTRALIA. 81 of the colony ; and that the commissioners shall submit, for the approval of the Secre- No. 52. tary of State, the regulations and instructions which they may issue respecting the sales of J. Stephen, Esq. to land, find the application of the funds at their disposal. '*"' r'-i-,.-;™.;-,- I am directed to acquaint you that Lord Glenelg is of opinion that the proposed arrange- ment would tend to obviate much of the inconvenience which has hitherto arisen in con- Juciing the affairs of the settlement. His Lordship is therefore prepared to adopt it, subject of course to any alteration or modification which experience may suggest. I have, &c. (signed) James Stephen. the ColoDization Cominissioners. 4 January 1839. — No. 53.— Copy of a LETTER from J. Stephen, Esq., to the Colonization Commissioners for South Australia. Gentlemen, Downing-street, 7 February 1838. I AM directed by Lord Glenelg to acknowledge the receipt of a letter from your chairman, dated the 12th of January, and of a letter from your secretary, dated the 24th January, enclosing various drafts for his Lordship's approval. Lord Glenelg directs me to return those drafts, and to state that it is his wish that the business of your commission should for the present, and until the future plan of proceeding can be more maturely weighed, be carried on upon the same footing as before your recent correspondence with this department on the subject. Lord Glenelg therefore abstains from expressing any opinioh respecting any of the proposed letters to your officers in South Australia. I have, &c. (signed) Jas. Stephen. No. 53. J. Stephen, Esq. to the Colonization Commissioners. 7 February 1838. — No. 54. — Copy of a LETTER from R. Torrens, Esq. to J. Stephen, Esq. South Australian Colonization Office, Adelphi-terrace, Sir, 9 December 1839. The Colonization Commissioners for South Australia request that Lord John Russell may be pleased to grant them the honour of tm interview, in order that they may make a communication to his Lordship on the subject of their receiving remuneration for their services. As preparatory to the requested interview, I beg permission, in compliance with the wishes of the Commissioners, to submit for the consideration of Lord John Russell a copy of the correspondence which took place between Sir George Grey and this Board, relative to the salary of the chairman. I have, &c. (signed) Robert Torrens, Chairman of the Commission. No. 54. R. Torrens, E«q. to J. Stephen, Esq. 9 December 1839. South Australian Colonial Office, Adelphi-terrace, Sir, 21 February 1837. The Colonization Commissioners for South Australia have to acknowledge the receipt of your communication o£ ihe lOth instant, referring to the commissioners collectively the letter of the 23d ultimo, addressed by their chairman to Lord Glenelg, as well as the letters which all the commissioners then in London severally addressed to their chairman on the subject of his application to the Secretary of Slate, and calling upon the commissioners to express their collective opinion with respect to the practicability and expediency of the alteration in the constitution of the commission proposed by the chairman, and to the con- siderations which have hitherto induced Lord Glenelg to pause before he sanctioned the proposed alteration. In reply, the Colonization Commissioners beg to state, that they have learned with great satisfaction that Lord Glenelg has been pleased to approve the general principle respecting the constitution of their body, stated in the chairman's letter to his Lordship, and in the letters of the other commissioners to the chairman, that they have reconsidered collectively the principle respecting which their sentiments were before individually expressed, and that, in compliance with Lord Glenelg's desire, they beg to submit their collective opinion upon the several points which his Lordship has been pleased to refer to them. With respect to the circumstances that, in their Report of June last no reference was made to the alteration which they now propose, the commissioners beg to explain, that at the date of that report the arrangements for the establishment of the colony were as yet only in progress, and that ihe chairman, actuated by a feeling in which the commissioners collectively concur, was desirous not 10 revive the question of remuneration until those arrangements, entered upon under then apparently doubtful circumstances, should be finally completed, by the departure of the Governor from England. 0.21. / The 82 APPENDIX TO REPORT FROM THE No. 54. The question as to the authority by which a salary could be granted to one or more of R. Torrens, Esq. to the commissioners, is, as the commissioners conceive, set at rest by the 15th section of the J. Stephen, Esq. South Australian Act. This section provides that the salaries to be paid to all such persons 9 December 1839. as may be appointed 10 any office under this Act, shall be fixed by the Lords of his Majesty's Treasury, and by them shall be revised from time to time, as they may deem expedient. Had the commissioners entertained any doubt as to the authority by which a salary could be granted to one or more of their body, which they never have, that doubt would have been removed by the opinion of the law officers of the Crown, communicated in Mr. Stephen's letter of the 28th ultimo, which shows that the custody, disposal and ap- plication of the whole of the revenue, as well as the Emigration Fund, with the exception of salaries, which are to be fixed by the Lords of the Treasury, rest altogether with the commissioners. The uniform practice with respect to the authority by which salaries have been awarded and paid to all persons appointed to any office under the South Australian Act, has hitherto been in conformity with the provisions of that Act, as interpreted by the law officers of the Crown, and as the commissioners are persons appointed to office under the Act, it is con- ceived that the same authority which is competent to award salaries to other persons similarly appointed, cannot be imcompetent to award a salary to one or more of the com- missioners. With respect to the capability of the colony to bear the additional expense, and the possibility of a charge being, either immediately or prospectively, thrown thereby upon the resources of this country, the commissioners are of opinion that securing by adequate remuneration responsible service and due attendance, so far from endangering the success of the self-supporting plan upon wliich the new colony has been established, will be found to be the most effectual means of preventing the failure of the pledge given to Parliament, that the resources of this country should not be charged with any ejipense on account oi' the colony. It was under this conviction that the commissioners concurred with the chair- man in suggesting the expediency of rendering at least one of their body responsible for daily and constant attendance to the various business involved in the important experiment they are conducting, and of securing the attendance of such a quorum of the other mem- bers of the Board as Lord Glenelg may deem expedient ; and further consideration of the subject has satisfied the commissioners that securing by adequate remuneration responsible and constant attendance is essential to the success of the undertaking. With respect to the salary of their secretary, the commissioners beg to remark, that when the amount-of that salar}' was recommended by them, they were not collectively aware of the arrangement which had been submitted to Mr. Spring Rice, respecting the constant and regular attendance of one of their body ; had they at that time been aware that such attendance was contemplated, they might not have deemed it necessary to secure for the office of secretary a gentleman of the high qualifications of Mr. Hill. But as Mr. Hill has per- formed his duties to the entire satisfaction of the commissioners, and as he risked his time and labour for the many months during which it was doubtful whether the commissioners could fulfil the conditions of the Act, and be in a condition to remunerate his services, they cannot now recommend that his salary should be reduced. The commissioners have carefully considered the further question to which Lord Glenelg has invited their attention, viz. whether in the event of his lordship judging it proper that only one member of their body should be remunerated, the member receiving the remune- ration should be the chairman ; and the commissioners beg to state that they are in their collective capacity of the same opinion which they have already expressed individually, that the chairman should give constant and regular attendance at the office of the commis- sion for the purpose of digesting and preparing the business to be brought before the Board^ and of supermtending the execution of the measures which the Board may sanction and adopt, and that in order to secure the continuance of such services, a fixed salary should be attached to his office. With reference to the practice in chartered or joint stock companies, the commissioners submit that their Board has no character in common with such companies, but is under the Colonial Office, a Government establishment for the management of Crown lands and revenue, and has an affinity at least in principle to the Commission for the Woods and rorests and to the Board of Control. The territory of South Australia is more extensive than that of the United Kinedom: in the southern divisions of New Holland which have been hitherto explored, native pastures of vast extent and peculiar value have been found, and for these pastures the price of Aus- tralia wool and the rapid multiplication of Australian flocks create an annually increasing demand. From these circumstances the commissioners are led to anticipate, that at no very distant period the revenue derived from the sale of Crown lands in the province of South Australia, will become an object of no inconsiderable national importance, and they submit that to the constitution of the commission for managing this portion of the re venui of the Crown, analogies drawn trom the government of private Interests and of joint stock companies are in no respect applicable. ^ «,Jli\T"!i*''°fT ''°"'''^''' 'h,^' A^^Janger which Lord Glenelg apprehends of the whole authonty ot the commission falling into the hands of the chairman, could not arise, ,f an airangementof a remunerative nature were adopted for securing the attendance of a sufficient quorum of the Board, and ,f it were required that without^the sanction of such quorum no new or important measure should be adopted For these reasons the commissioners retain collectively the opinion they expressed indi- vidually, that a fixed salary ought to be attached to the office of chairman ; nor could they contemplate SELECT COMMITTEE ON SOUTH AUSTRALIA. 83 conlemplale with satisfaction the adoption of a different arrangement, which might deprive No. 54. the comrelission of the services of the colleague by whom that office has hitherto been so R. Torrens, Esq. to satisfactoiily held. J- Stephen, Esq. Though the commissioners recommended the amount of salary to be given to the other 9 December 1839. officers appointed under the South Australian Act, yet for obvious reasons they are desirous of abstaining from such a course on the present occasion, and of leaving it to the Secretary of State and to the Lords of the Treasury, to fix the amount of the remuneration which it may be expedient to award to one or more of the commissioners. By order of the Board. Sir" George Grey, Bart, m.p. (signed) Rowland Hill, Secretary. &c. &c. &c. Extract of a LETTER from the Colonization Commissioners for South Australia to Sir George Grey, Bart.; dated Adelphi Terrace, 16th March 1837. " I AM directed by the Colonization Commissioners for South Australia to acknowledge the receipt of your letter of the 28th ultimo, requesting further information with reference to the proposed salary for the chairman, and to the other measures suggested in the letter of the 22d ult. from the commissioners to yourself. In reply, I am directed to state that at the Board at which the letter of the 22d ult. was adopted, all the commissioners were present except Mr. Barnard, Mr. Mackinnon, and Mr. Palmer, each of whom, as will appear on reference to the letters which accompanied Colonel Torrens' letter of the 25th January, had previously expressed in writing his concurrence in the proposed measure. In reference to that part of your letter which relates to an arrangement of a remunerative nature for securing the attendance of a sufficient quorum of the Board, I am desired to slate, that the commissioners suggested such an arrangement as a means of preventing the danger which was apprehended by Lord Glenelg of the whole authority of the commissioners falling into the hands of the chairman ; the exact mode of effecting this object, they are, however, desirous of leaving entirely with Lord Glenelg." Gentlemen, Downing-street, 23 August 1837. With reference to the correspondence which has passed between this department and yourselves, relative to the claim of Colonel Torrens to some fixed remuneration for his ser-^ vices as Chairman of your Board, I am directed by Lord Glenelg to acquaint you, that the Lords Commissioners of the Treasury have concurred in his Lordship's recommendation, that an allowance at the rate of 600 Z. per annum should be paid to the chairman of the South Australian Colonization Commissioners out of the funds applicable to the expenses of the colony, and with the understanding that the emoluments of the secretary of the commission shall be reduced on the first opportunity. I have, &c. (signed) Jas. Stephen. The Colonization Commissioners for South Australia, &c. &c. &c. — No. 55.— Copy of a LETTER from Lord John Russell to the Colonization Commissioners for South Australia. Gentlemen, Downing-street, 23 December 1839. The letter of the 9th instatit, addressed by your chairman to one of my under secretaries, proposing to hold an interview with me at this office, on the subject of your receiving remu- neration for your services as commissioners for the Colonization of South Australia, has been laid before me. I avail myself of this opportunity for addressing to you a communication which it would be improper any longer to postpone. Her Majesty's Government having taken into (Consideration the highly important subject of the alienation of the unsettled lauds of the Crown throughout the British colonies, with a view to promote, as far as may be possible, a well regulated system of emigration, have resolved to constitute a body to superintend that service, subject to the general superinten- dence of Her Majesty's Principal Secretary of Stale having the department of the Colonies, and the Lords Commissioners of Her Majesty's Treasury. With this view it is designed 10 establish a Colonial Land and Emigration Board, con- sisting of three members. In their persons will be united the duties at present performed by yourselves, and by the agent general for emigration ; and with this view. The Queen will be advised to revoke the commission under which you aie now acting, and to renew it in favour of the three members of the Board to which'l refer. It is therefore unnecessary that I should trouble you to attend at this office, on the sub- ject of your letter of the gtli instant; or that 1 should express any opinion as to the expe- 0.21. I z diency No. ,55. Lord John Ruseell to the Colonization Comraissioners for South Australia. 23 December 1839. I 1 1 84 APPENDIX TO REPORT FROM THE No. 55. diehcy of maintaining a body of hine salaried Commissionei's, for the manaa^emeiit of' Lord John Russell emigration to the single colony of South Australia. But [ cannot close our official con- to the Colonization nexion without requesting you collectively to accept my grateful acknowledgment of the Commissioners for ability with which yx^ur duties as members of the South Australian Commission hkve been South Australia. discharged. 23 December 1839. I have, &C. ' — (signed) John Russeili ^ No. 56, R. Torrens, T. F. Elliot, and E, E, Villiers, Esqrs., to Lord John Russell. 7 July 1840. — No. 56.— Copy of a LETTER from R. Torrens, T. F. Elliot, and E. E. Filliers, Esqrs. to Lord John Russell. South Australian Colonization Office, My Lord, 9, Park-street, Westminster, 7 July 1840. We regret that very heavy and entirely unforeseen demands, which are daily and in a rapidly increasing ratio accruing upon us, for the adniinistration of the government bt'S&uth Australia, render it necessary for us to approacli your Lordship With a statement of the , effect thus produced on the finances of the colony, and with a request for such guidance as under the circumstances your Lordship may think it proper that we should receive. By the Acts 4 & 5 Will. 4, c. 95, and i & 2 \'ict. c. 60, interpreted as they have been by the law officers of the Crown, the custody and disposal, not only of the funds derived' from the sale of public lands, but also of the funds created by loans raised in this coirntry, upon the security of the revenues and unsold lands of the province, and applicable to the support of the local government, are vested in the Colonization Commissioners. ThOs a twofold duty is imposed upon us, that of disposing of the public land^ and employing the proceeds of the sale in the conveyance of emigrants of the labouring class; and that of negociating loans, and of regulating the colonial expenditure. We are not merely Colonization Com- missioners, in the proper sense of that term, but also Commissioners of revenue and finance, exercising as regards the province of South Australia, some functions analogoxis to those exercised by the Lords Commissioners of Her Majesty's Treasury, in yespect to the other Crown colonies. How far this oombiflation of power is desirable we shall not now pause to inquire, but pass to the questions which are more immediately urgent. We find that there was no want of proper regulations on the subject of expenditure in the colony, from thelate Board of Commissioners. Very careful instructions to the resident commissioner were issued by them on the 9th of November 1838, with the previous sanction of the Lords Cotfinfiissioners of the Treasury. Appended to those instructions was a Scljedute of Salaries, amounting to about 8,000^. per annum, and 'in order to provide for unforeseen contingencies, the resident commissioner was permitted tb extend his expenditure (if hfe found it unavoidable, but not otherwise), to the rate of lO.oooZ. per annum, and to draw upon the commissioners for any p&rtof that amount which might not be met by available funds in the colony. The resident commissioner was desired not lo undertake any public works without first submitting plans and detailed estimates to the Colonization Commissioners in this country, and he was also desired to apply to the Governor 10 submit to his council in January and July of every year, half-yearly estimates of revenue and -expendit-ure, &c., the latter not to be exceeded after once they had passed the council. By a subsequent despatch of the 8ih February 1830, the resident commissioner was allowed, on account of some additional charges, to increase his expenditure to the rate of 12,000 Z. per annum; and on the loth of May 1839, a change in the establishment of surveyors was effected, which, as it would have entailed an excess of 4,500/. beyond the salaries allotted to that department in the original schedule, may reasonably be considered to have increased by that amount the resident commissioner's credit, making the total amount 01 authorized expenditure for current purposes about 16,500/. per annum. With regard to extraordinary Expenditure, it appears that doubts having arisen whether, under the terms of the South Australian Act, individuals might not claim to be put in possession at the fixed price, of lands in the vicinity of Adelaide, reserved for purposes of public health and recreation as park knds, the resident commissioner was authorized on the 1st September 18,38 to purchase these lands out of the public revenue. The sum to be thus laid out was not stated ; but we have lately paid bills on this account to the amount or 2,300/. On the .3 3th April 1839, the Colonization Commissioners intimated to the resident com- missioner. Colonel Gawkr, that they would be ready to "afford the necessary pecuniary AdeSe.""' ^"^ tnoderafe extent in carrying into effect a plan for constructing a wharf at And on the 15th of November 1839, they approved of the commencement of the ereciion ot a government house and other " - ^^"^ - 25,162 /„ but the portions immediately undertaken were not calculated to exceed 11,281/. 1fi^,7T'?^['"'-^'"''*°'''^'l'"''''*^'"ffi«e«'«f which the total cost was estimated at ^s.? I K T POf^'^"« '*"m«diateiy undertaken were not calculated to exceed 11,281/. 6uch being the principal items which we find to be recorded of sanctioned and foreknown ™. II '"%''^"°^ ?'°''^?'^ '"* ''^'^ *he amount ^of bills which have been -presented and accepted in England since the commencement of the last vear. In the first SIX months of 1839 the amount r being at the rate of about 17,000/. per annum T ■ ■ n ." , p"~ — ^"""^"-•^"'ciit (ji me lasi year. f.u'^ ."^ months of 1839 the amount of hills presented and accepted was 8,560/., In SELECT COMMITTEE ON SOUTH AUSTRALIA. 85 In the second half-year of 1830, the amount was io,6oo/., being at the rate of about ^ No. 56. „ 1 „ R. Torrens, 21,000 Z. per annum. „ „ ^.jj ' ^^^ If now we turn for a moment to the rate at which bills were in the course of being t" „' viUiers drawn in the colon}' itself, we find that the amount drawn in the last quarter of 1839, as £* g ^^ L^rd far as they have yet reached this country, was 14,000?., being at the rate of 56,000/. per j^^^^^ Russell. annum. But the total amount of bills presented and accepted in this country in the period ^ j^jy ^g^^^^ of less than six months which has elapsed since the commencement of the present year, has been 41,500/., being at the rate of between 80,000/. and 90,000/. per annum. We need not say with how much regret and embarrassment we perceived the constantly increasing amount of these demands, unaccompanied, we are sorry to state, by any clear explanation of their causes, or by the least indicaiion what was to be their limit. But holding in our hands very large funds, applicable by virtue of express provisions in the South Australian Act to general purposes, it would have been impossible for us to expose the credit of the colony to the ruinous shock which must have attended the dishonour of Colonel Gawler's bills. We found that it had been the practice to pay them out of the surplus of the emigration fund, and we continued that practice. Turning from the rate at which the drafts have been coming In, we proceed to consider the means for meeting them. Your Lordship is aware that there is not any income accru- ing in England which is properly applicable to any purpose but that of emigration, so that each bill drawn is by the nature of the case the creation of so much additional debt. In the colony a revenue has been gradually growing up, and we are glad to observe that during the year 1839 it had been progressively and largely increasing. The amounts appear to be as follows : first quarter of 1 839, a,86'2 /. is.; second quarter of 1 839, 4,375 ^- ^s- 7 ^- i further period to 19th August, 2,738/. 14*. lit/.; the last complete quarter being at tlie rate of 17,200/. per annum, and the fractional period beyond reaching a rate of more than 20,000/. per annum. But this revenue will constitute no set-off against the expenditure represented by the bills drawn on England. On the contrary, the resident commissioner is specially instructed to defray his authorized expenditure as far as possible by the colonial revenue^ and only to draw ibr any excess which could not be provided for on the spot,; nor is there any reason to suppose that the whole local revenue has not been expended, ov«- and above the amount of drafts on this commission. The only two sources from which those bills can be paid, are either loans raised in this country upon the security of the local revenues and public lands under the provisions of the 4 & 5 Will. 4, c. 95, and 1 & 3 Vict. c. 60, or else advances out of any monies received for the purchase of land in South Australia, but those advances constituting a debt (without interest) from the revenue futid, and the whole amount of such debt at tiie end of any one year, ttot to exceed a third of the receipts for land during that year. •Under the first head of a loan, the late commissioners raised a sum of 8o,ooOt/., which has been expended. Under the second head, they .had occasion to draw from the proceeds of land sales, fqr the payment of interest or principal of the South Australian securities, 22,535/. 5s., and for general purposes of revenue, 18.415/. 7s., constituting a total advance of 40,950/. 12s. In addition to this advance, we have, in paying the heavy bills above described, created a further debt from the revenue fund to the land fund of 23,430 /. 1 s. Hd., and the accruing payments on the revenue account up to the end of August may, as far as they admit of any estimate, be assumed at about 28,500/. The whole debt from the emigration iund may therefore be recapitulated as follows: £. s. d. Under the late commissioners, to pay interest on revenue securities 22,535 5 - Under the late commissioners, for general purposes of revenue - 18,415 17 — Under present commissioners, the general expense of revenue to this date .--.__-.-. 23,4*50 1 8 Total existing advances - - - 64,381 3 '8 Add for further revenue pa.yments to the end of August - - 28,500 - - Total up to the end of August - - £.92,881 3, 8 We have hitherto confined our view to the state of the case as affecting the revenue fund exclusively; but it is also necessary to consider the general liabilities and assets of the commission, and to this point we now proceed. In addition to the approaching payments of 28,500/. above estimated on revenue account, there are also the claims for the emigra- tion services, which constitute the more direct and proper charge on the particular funds in the commissioners' hands. The amount of such charges, necessarily arising between this date and the end of August, may beeslimated at 14,200/. Thus the total of probable demands on the commissioners, by the end of August, may be taken at 42,700/. The funds at their disposal, consisting of sums received in this country for the sale of lands, or received on that account in the colony, and remitted to England, amount to 37,100. Some land sales may be effected belore the date above mentioned, but it is right to observe that, since the month of November last, the sales in England have been of no material amount. Even assuming, therefore, that a claim of the British Treasury for 5,000/., to be replaced to the guarantee fund, which claim has been included in the above amounts, were temporarily waived until measures were taken to provide further means, 0.21. /3 it 86 Appendix to report from the No. 56. R. Torrens, T. F. liliiot, an E. E. Villiers, £sqrs., to Lord John Russell, 7 July 1S40. it appears obvious that by the end of August the existing funds of the commission would be exhausted. i , • i d Such is our present situation. It may be proper, however, to add, in order to prevent misconception, that there is nothing in the mere fact of arriving at the end of the existing funds in England which is either unforeseen or alarming. The colony of South Australia was founded"on the necessity of loans for purposes of revenue, to maintain it in its infancy, and also for purposes of emigration, if the sales of land had proved inadequate to that object. No person conversant with the principles and management of the colony could have doubted that it would be necessarv to raise money in the course of this year. But what could not be foreseen is, the great "amount of the drafts for revenue purposes, thus requiring a larger and more immediate loan, and the evidence which has been afforded that the authority of commissioners has been quite insufficient to exercise the least con- trol over the colonial expenditure. It remains to state the measures which have occurred to us as requisite or expedient under these circumstances, 1 . By the 3d section of the Act 1 & a Vict, c. 60, we are expressly directed to raise upon revenue securities whatever sums may be required to repay to the emigration fund the loans advanced in aid of the revenue fund : and even if it were practicable to obtain, during the present session of Parliament, the repeal of this provision of the Act, the omission to replace the sums withdrawn from the emigration fund would be in the highest degree injurious to the colony, and, as regards the colonists, would amount to a breach of public faith. The persons who have settled in South Australia under the provisions of the existing Act did so in the expectation that the provisions of the Acts would have practical operation, and that the whole of the proceeds obtained by the sale of public lands would be ultimately employed in directing a continuous stream of emigration to the colony* The interruption of this stream would now be ruinous. All the incidental arrangements of the colony have been made in accordance with its assumed continuance. Land has been purchased under the belief that labour would be obtainable for its cultivation; houses have been erected in anticipation of the continued arrival of emigrants, and in all branches of business the employment of capital has received its direction from the expectation that population would continue to increase under the action of the whole of the fund created by the land sales. To keep up the expected, and, in the actual circumstances of the colony, the necessary stream of emigration, and at the same time to provide for the authorized expenditure of the local government, a revenue loan to the amount of i2o,oooZ, will be required. We do not anticipate any difficulty in raising the amount required upoii the security of the revenue and public lands of the province. Though the large expenditure which the resident commissioner has incurred has rendered it necessary to borrow to a greater amount than would otherwise have been required, yet as a considerable portion of that expenditure has been incurred in local improvements calculated to render the colony more attractive, property more valuable, and industry more productive, it is reasonable to expect that the security upon which the loan is to be raised will have been increased in the same propor- tion as its amount. The expenditure of the loan will also increase the security upon which it is raised, inasmuch as the greater part of the sum borrowed will go as a repayment to the emigration fund, and will be employed in increasing the population, and consequently the consumption of taxed commodities and the demand for land. 2. By the measure just stated, provision will be made for our present wants; but we should offer a very inadequate report on this occasion if we did not further consider what rneans appear available for guarding against a recurrence of similar difficulties : one ob- vious step must be the diminution of expenditure. The most formidable charges are those of the survevs, and of miscellaneous expenditure. In respect to the former, we have under our serious consideration the question of effecting some material reduction. With regard to the latter, it will be seen presently how far it has occurred to us that more effective checks can be placed upon the contraction of new or unauthorized expenses. _ 3. Whatever reduction, however, may be practicable in the survey department, we think It will be.expedient to charge upon each grant of land a fixed acreable fee, equivalent to the average cost per acre of the surveys. Both in the colony and in this country public meetings have been held, at which a strong opinion was expressed that the expenses of suivey should not be defrayed out of the taxes to be levied on the colonists, but that they should fall upon the purchasers of the land; and in this country, the idea was further sug- gested that the best way of effecting the object would be to charge the cost of the survey as a fee upon the receipt of the grant. Charging a fee,- it was observed, while it could be done by authority, of the governor and council, and would obviate therefore the necessity of going to Parliament to amend the section of the Act requiring that the whole of the price paid for public land shall be employed, without deduction, on promoting emigration would have the further effect of guarding the principle of employing the proceeds of the land sales on the conveyance of labour from indefinite invasion ; we think, as we have above stated, that the land should pay for the surveys, and that a fee is probably the most convenient manner in which the payment could be made, 4. We propose to make no further advances from the funds at our disposal for the main- tenance ot a police force in the colony. When the emigrants now on their way out shall have reached their destination, the population of this province may be expected to amount to 15)000 and must be fully competent to perform, without aid from this country, the essential duties of internal defence. They must rely upon themselves, and either pay for the maintenance SELECT COMMITTEE ON SOUTH AUSTRALIA. 87 maintenance of a police, or else form themselves into volunteer corps for the protection of No. 56. tiieir persons and properties, as wrell against offenders of their own race as natives. R. Torrens, , . , - T. F. Elliot, and 5. Another measure which we should be very desirous to see adopted m the colony, is £. k. Villiers the imposition of a land-tax, the produce of which would assist in rendering the income Esqrs., to Lord completely equal to the expenditure, and dispense with the costly and improvident plan of John Russell, continued resort to loans in this country. It is a species of tax, we may observe, which has 7 July 1840. always the further advantage of tending to prevent the accumulation in private hands of ■ — ■ large and unprofitable tracts of waste land. 6. Whatever relief, however, may be afforded in other respects, no improvements can be effectual unless the resident commissioner be placed under a more stringent obligation to keep his drafts within the limits prescribed to him. We propose to apprize the resident commissioner that henceforward all bills drawn upon the commission upon account of public works will be protested, except in cases in which plans and estimates for such works have been sent to this country, and authorized by this commission, with the approval of the Lords Commissioners of the Treasury. We would further intimate to him, that unless upon extraordinary emergencies, and pro- vided such full explanations shall have previously reached this country as to be satisfactory to this Board and the Lords Commissioners of the Treasury, he must expect that any bills which be may draw upon the commissioners for other items of unauthorized expenditure will in like manner be refused, and that he will be held personally responsible for the con- sequences. In order to give effect to these directions, we shall require that the letters of advice accompanying the bills shall give some distinct conception of the services for which the bills are drawn, instead of employing a formula lately adopted in the colony, that they are "for claims incurred during the past quarter." In this siill early stage of the formation of the colony, we should be disposed to continue to allow some credit beyond the whole amount of specific authorized expenses, in the same way as was done by the late commissioners under the name of an " emergency credit;" but . its rate per quarter should be exactly fixed, and each bill drawn on this account should be distinguished accordingly, and if in any one quarter the proper rate were exceeded, we conceive that the drafts in excess should at once be refused.. The resident commissioner should likewise be placed under some sufficient obligation to apply the general revenues accruing on the spot, as far as they would go, to the authorized expenditure, and only to draw upon the commissioners for the excess. Seeing how completely every direction of the late commissioners has been set at nought, the refusal of bills is the only resource which we can see, so long as this Board is lo at- tempt to control the finances, for preventing an unlimited and ruinous amount of demands upon the commissioners. 7. But independently of endeavouring to secure obedience to the decisions on expenses already submitted, we must remember that questions of new items of expenditure will con- tinually arise, and some of them, as for instance, public works and buildings of great importance. In dealing with questions of this com,j)rehensive character, involving the property of an extensive province, we feel that too large a measure of responsibility is thrown upon us. We would therefore request that your Lordship may be pleased to take into favourable consideration the expediency of giving to the colonists themselves an effec- tual control over the colonial expenditure. Those who pay for local improvements must be the best judges whether the value of such improvements is equivalent to the cost. A self- supporting colony should, at the earliest practicable period, possess the privilege of self government. We would therefore venture to recommend, as preparatory to the represen- tative constitution to which the colony of South Australia will be entitled when its popu- lation shall amount to 50,000, that there might be added to the council of government some members representing the colonists at large. The means by which this desirable object might be effected we now beg permission lo suggest. The late commissioners recommended in their third annual Report that elective municipal institutions should be granted to the towns of South Australia as they respectively attain a population of 2,000. This recommendation, as we understand, was approved and santioned by Her Majesty's Government; and its adoption in the colony forms a basis from which the elective principle may be extended to the general council of the province. The plan which we would suggest for effecting this extension, is that the mayor, the senior alderman and the chairman of the common council of Adelaide for the time being, should be ex officio members of council ; and that as elective municipal institutions are successively established in other districts and secondary towns, the chairman of each common council shall be ex officio a member of the general council of the province. Should this suggestion for the gradual adoption of the principle of representative government in South Australia meet your Lordship's approbation, we would further venture to recommend, that no colonial expenditure, beyond that required to pay ihe salaries authorized by the Lords of the Trea- sury, should be entered upon without the sanction of a majority of the members of council representing the rnunicipalities of the province. We apprehend that the arrangement now submitted might be carried into effect in virtue of the Act 1 & 2 Vict. 1, c. 60, the second 0.21, 1 4 section 88 APPENDIX TO REPORT FROM THE No. 56. 'H, Torrens, T. F. Elliot, and E. E. Villiers, Esqrs., to Lord John Russell. 7 July 1840. section of which empowers Her Majesty by warrants under the sign manual to appoint the members of council. The foregoing are steps which might be adopted either by the authority of this Board, or of Her Majesty's Government, or else by that of the governor and council in the colony. We are inclined to think, however, that it will further be indispensable to resort to Parlia- ment, early in next session, for a revision of some parts of the South Australian Acts, and the following are the reasons which lead us to that belief. When the Government determined to sanction the experiment of establishing a colon? on the principle of self-support, there was only one way by which, in the event of failure, the public could be secured against pecuniary liability; namely, by committing the whole under- taking to a corporate body, prepared to provide a sufficient amount of subscribed and paid-up capital to cover all expenses. This was the arrangement which we understand was first pro- posed to the Secretary of Stale for the Colonial Department. The colony of South Australia, as originally projected, was to have been a chartered colony, founded upon the principles which had been acted upon on the establishment of the British settlements of North America in the seventeenth century. According to this plan, an incorporated com- pany would have exercised, by delegation from the Crown, some of the , powers of sovereignty within the intended settlements; and while advancing from their own resources the sums required for planting the colony and providing for its government, would have disposed of the waste land, levied the taxes, and controlled the local expenditure. The plan of a chartered company was rejected as not conformable to modern usage; and another arrangement was adopted which, instead of divesting the Government of responsibility, and of securing the public from the risks of pecuniary liability, h^s, we fear, had a tendency to increase both the responsibility and the risk. When the principle that the value conferred upon the waste lands of a new country by the introduction of European labour and capital, may enable a colony at ouce to support itself, was so far admitted that the Government deemed it expedient that its practical applicability should be tested by an actual experiment, and when il was determined that the conduct of the experiment should not be committed to a corporate body, supplying the pre* liminary expenditure out of their own independent resources, the necessary consequences were, that the whole of the responsibility and of the pecuniary risk must devolve upon the Government and upon the public, and that there were no means of diminishing the respon* si bility and the risk, except by providing for the requisite preliminary expenditure in the way least calculated to press heavily upon the future resources of the colony. Had it been deemed expedient that the Government should provide for the first expenses of the experi- ment by an issue of Exchequer bills, to be repaid out of the proceeds of the first land sales, it must be admitted that consequences of the greatest importance, as regards both the prosperity of the colony and the security of the public against pecuniary liability, would probably have ensued. The loan might have been raised at 3I or 4 per cent. The country might have been explored, the surveys advanced, and some public works of the first neces- sity commenced, before the lands were sold or emigrants sent out. Had these measures been adopted, there is every probability that the colony would have been able to defray all the expenses of lis establishmetu, and that the principle of self-support might have been fully carried out But under the provisions of the South Australian Act, tfe adoption of these measures becatiie impracticable. The commissioners appointed under the authority of .1 , ,- . „ "■ ^ colony not yet in existence, and v^eie consequently under the necessity of borrowing at 10 per cent., instead ofat 4 per cent. They were under the necessity of selling .n this country orders for bnd in an unexplored wil- derness, to the amotintol35,oooj., before they could take any steps towards engaging surveyors to proceed to the mtended colony, and they were consirained to keep upUua? r ntee fund of-2o,oooZ., which fund, borrowed at 10 per cent., and yielding in Vchequer Ses expe'di ure" Jf^Y^ooV ^7' "'"" ^'^^-'^-"PPoning colon> an ufpioductive'and useless expenditu e of 1,400 Z. per annum. The guarantee fund, as was urged by the commissioners in their first annual report, so far from answering an^ useful pumfse creates the very danger.against which it was intended to guard. purpose, creates Au!San Arn'r^n^'ir"' "'^^"^ ""'t'" ""^ ^"bmitted, it appears evident that the South at tl e co"tff irivT :< ^n""""" ^ '^^^'"^"'"^'^ colon/ established and maintained and resDotsfbil rof ^nv ' '"'*. \^'"^" ''.^""^ established under the direct authority Gov3Z to th.l nff ■ Jr"' '!" ^"^ "° intermediate arrangement enabling the conud Commt ?nnp, '''^"^"''^/''y and pecuniary liability, and to^etain direction anf tU^„,. i- . ■ , , . of 1 . 000 The rZ ,T. ■ ,K^ ^'T"^' f '^°'^ "°^ proceeding to the colony, a population colon vLmihP IT °'' '^"' f 1"°'"'^ ''^"°«» ^e left without a government. Should the exSes t£^. defiden^ ""°?u°^ ''!.''^' " ^'""^ ^"5' "'^er cause, he unable to defray its own hoEeve?' which we .?^tH 1 "''^" ^"°t«"^ °^' ^^ I™P^"^1 treasury. The provisions, howevei, which were introduced into the South Australian Act for the avowed purpos: of SELECT COMMITTEE ON SOUTH AUSTRALIA. 89 of protecting the public purse, have not only proved burthensome and injurious to the No. 56. colony, but have, as we have above observed, created the danger which they were intended ^- ^''"^°^' to avert. Such are the grounds on which we think that the statutes relating to South ^- ^' y'jP.''' ^ Australia may be deemed to require revision at an early period of the next Session of -p' ' j. t^V.i Parliament. JohnRussell. One measure which, in that case, we should feel bound to propose to Her Majesty's 7 J"'}' IMO- Government, is to abolish the guarantee fund. The impolicy of keeping up that fund we " have already endeavoured to explain. The object was to indemnify the home treasury for any advances which might be rendered necessary should the colonial expenditure exceed the colonial revenue ; its effects has been to increase the colonial expenditure by about i,40oZ. ' a year, without adding to the revenue, and thus to render it more probable that there would arise a deficiency which the Government would be compelled to make good. Another measure, which we think might be well deserving of consideration at any fit opportunity of legislation, is the enlargement of the boundaries of South Australia. The original territory of New South Wales comprised an area considerably greater than that of the whole of the states of the North American Union. This vast territory will at no distant period require to be divided into separate provinces. In effecting this division it will be the obvious interest and duty of the Government and the Legislature to give to each of the British provinces in New Holland such a position and extent of territory as will enable each to command the resources necessary to enable it to defray its local govern'- ment. On this principle it will probably be deemed expedient that the eastern boundary of South Australia should be extended. All those districts of the province which lie north and west of the heads of the gulphs have been found, as far as hitherto explored, to consist of sterile and unavailable tracts, and it is only on the peninsula, bounded by Gulph St. Vincent, Lake Alexandria, and the Murray, that any considerable extent of fertile land has been discovered. It cannot be disguised that some uncertainty must exist as to whether a territory thus limited can be made to provide the means of defraying the expense of its local administration. Had the settlement been planted in the most economical man- ner, had the loans been raised under the guarantee of Government, and had the country been laid out and prepared for the reception of the emigrants previous to their arrival, the discovery that in so large a portion of the province the lands were unavailable, must have abated our confidence in the success of the self-supporting principle.as applied within the present limits of South Australia. But when, on the contrary, the peculiar disadvantages we have attempted to describe are taken into account, the danger appears the more immi- nent, that the expenses of the colony may ultimately fall upon the mother country. It is, in order to guard against this otherwise probable contingency, that we would throw out the idea of enlarging the boundaries of the province. On general principles, it would seem expedinel that the long extent of available territory situated on the southern promontory of New Holland, between Gulph St. Vincent and Two-fold Bay, should be divided in something like equal proportions between the two provinces, of which Port Adelaide and Port Philip may be considered as the respective centres. Under the actual circumstances which have occurred, this equal division becomes the more advisable. Had the country been explored before it was created into a province, the boundary of the colony, instead of embracing a wide range of unavailable territory to the north and the west, would have been thrown further to the south and the east. The proposed extension of the province is necessary, in order to rectify this original error in determining its position. Such an extension would be no more than an equitable adjustment as regards the colonists, while it would afford the only real guarantee which it is possible for the Government to obtain, that the expenses of the colony shall not fall upon the public purse. Were the available territory forming the southern promontory of New Holland divided into nearly equal proportions between the eastern and western provinces, the ordinary revenue of South Australia would be equal to the ordinary expenditure on account of the local administration, while the proceeds obtained by the sale of the public lands would become amply sufficient to discharge the debt for which they are a collateral security. Requesting that your Lordship will take into consideration the statements and recom- mendation which we have now submitted, and favour us with such instructions and suggestions as may appear to your Lordship proper in this crisis of the experiment to administer the affairs of the colony of South Australia in such a way as to prevent its becoming a burthen upon the resources of the mother country, We have, &c. (signed) Robert Torrens. J. Frederick Elliot. E. E. Villiers. 0.21. m 90 APPENDIX TO REPOET FROM THE No, 57. J. Stephen, Esq. to bhe Colonization Conimission£r&'<. 13 Jnly 1840. — No. 57. — r fa LETTER from J. Stephen, Esq. to the Colonization CommisBioners for ° South Australia. Downing-street, 13 July 1840. I TmIS by Lord John Russell to acknowledge the receipt of your communication of the 7?h instant, in which you bring under the consideration of Her Majesty's Govern- mentthestateof the finances of South Australia. Lord John Russell has read with extreme regret the unfavourable stateinent which your venort contains. It is his Lordship's intention to institute the fullest investigation into the whole condition of South Australia, and to adopt the most effectual measures for prevent- W hat ruin which now threatens the colony. In the meantime Lord John Russell has Pvlres^ed to the Lords Commissioners of the Treasury his deeded opinion that it will be necessary for Her Majesty's Government, as part of the system on which the colony is founded to authorize you to raise at once a loan to the amount which you propose of 1 20,000 1, under the provisions of the Act of Parliament, on the security of the revenues and'public lands of the colony. . . u- u u- t j u- u I transmit to you, for your information, a copy of a despatch which his Lordship has addressed to Colonel Gawler on this subject. 1 am, &c. (signed) Jas. Stephen. No. 58. J. Stephen to C. E. Trevelyan, Esq. 13 July 1840. — No. 58. — Copy of a LETTER from J. Stephen to C. E. Trevelyan, Esq, g- Downing-street, 13 July 1840. I AMdirected by Lord John Russell to transmit to you, for the consideration of the Lords Commissioners of the Treasury, the enclosed copy of a report from the Colonization Commissioners for South Australia, in which they bring under the notice of Her Majesty s Government the financial condition of that colony. ... ,«.-/> It is Lord John Russell's intention to institute the fullest investigation into the aflairs oi South Australia, and to adopt such measures as may be best calculated to check the embar- rassments in which the colony is now involved, and to prevent the ruinous consequences which would inevitably follow. , , , ^ i. In the meantime Lord John Russell considers it absolutely necessary, as a part ot the system on which the colony is founded, that Her Majesty's Government should authorize the Commissioners to raise a loan to the amount which they propose of i20,oooZ., under the provisions of the Act, on the security of the revenues and public lands of the colony j and his Lordship is of opinion that this authority should be conveyed to the commis- sioners with the least possible delay. I am, 8cc. (signed) Jas. Stephen. No. 59. Lord John Russell to Gov. Gawler, 13 July 1840= — No, 59, — (No. 12.) Copy of a DESPATCH from Lord John Rttssell to Governor Gawler. Sir, Downing-street, 13 July 1840. I EECEivED your despatch, No. 21, of the 30th of October last, in which you inclosed a copy of a communication which you had addressed to the South Australian Commis- sioners, representing the impossibility of remaining in your government with a less salary than 2,000 /. a year, and tendering the resignation of your offices of Governor and Resi- dent Commissioner, in the event of its being found impracticable to assign to you that amount of salary from the commencement of the present year. t deferred the consideration of this question until I should have been placed in possession of the sentiments of the Commissioners on the subject. In the meantime I received from them a Report, of which the enclosed is a copy, entering into a full review of the financial condition and prospects of the colony. Your despatch, No, 1, of the 2 2d of January 1839, had led Her Majesty's Government to perceive that your government was in a state of considerable embarrassment, and that it required the utmost energy, prudence, and foresight, to extricate the colony from its difficulties. It was not, however, until I was placed in possession of this report, that I was made aware of the actual embarrassments of the colony. Under the circumstances stated by the Commissioners, it is obviously impossible to make any increase to the official incomes of the public officers of the colony; and I regret, therefore, that I cannot recommend to the Lords Commissioners of the Treasury, to sanction SELECT COMMITTEE ON SOUTH AUSTRALIA. 91 sanction the grant of the salary which you propose. If you persist in resigning your office No. 59, on that ground, I shall have no alternative but to advise Her Majesty to accept that Lord John Russell resignation. to Gov. Gawler. In the meantime, I have to request that you will transmit a full report to Her Majesty's 13 July 1840. Government upon the statements made by the Commissioners in the inclosed communica- tion, I cannot but express my surprise and concern at the large expenditure into which the colony has been plunged, and I most earnestly hope that you will use every endeavour to arrest the difficulties in which it is placed. I shall look with anxiety for an early report on the state of the colony. I have, &c. (signed) J. Russell. -No. 60. Copy of a LETTER from C. E. Trevelyan, Esq. to J. Stephen, Esq. Sir, Treasury Chambers, i8 July 1840. The Lords Commissioners of Her Majesty's Treasury having had under their considera- tion your letter, dated 13th instant, transmitting copy of a report from the Colonization Commissioners for South Australia, in which they bring under the notice of Her Majesty's Government the financial condition of that Colony, I am commanded to request that you will acquaint Lord John Russell, that My Lords do not dissent from the views entertained by his Lordship, as to the necessity for the Commissioners having recourse forthwith to the exercise of the powers with which they are invested by Acts relating to the settlement, for raising by way of loan on the South Australian Colonial Revenue Securities the further sum of 120,000 Z. to meet the very heavy and unforeseen demands, to which they report that they are unexpectedly exposed for the administration of the local government. You will also at (the same time state, that My Lords entirely concur in opinion with Lord John Russell as to the necessity for a full investigation of the circumstances which have occasioned so very large an amount of expenditure, as appears from the representation of the Commissioners to have been incurred in the colony, and for the adoption of such measures as will effectually control the proceedings of the authorities in the settlement in this respect, and prevent the ruinous consequences which must otherwise unavoidably result therefrom. I am. See. (signed) C. E. Trevelyan. No. 60. C. E. Trevelyan, Esq. to J. Stephen, Esq. 18 July 1840- — No, 61.— Copy of a LETTER from J. Stephen, Esq., to the Colonization Commissioners for South Australia. Gentlemen, Downing-street, 20 July 1840. With reference to my letter of the 13th instant, I am directed by Lord John Russell to transmit to you, for your information and guidance, the copy of a letter from the Secretary to the Board of Treasury, conveying the sanction of the Lords Commissioners to your raising by way of loan on the South Australian Colonial Revenue Securities, the further sum of 1 20,000 Z. to meet the demands for the administration of the local government. I have, &c. (signed) James Stephen. No. 6i. J. Stephen, Esq, to the Colonization Commissioners. 20 July 1840. — No. 62.— Copy of a LETTER from R. Torrens, T. F. Elliot, Esqrs., and the Hon. E.E. Villiers, to J. Stephen, Esq. South Australian Colonization Office, Sir, 9, Park-street, Westminster, 26 August 1840. In reference to our letter of the 7th ultimo, in which we presented to you, for Lord John Russell's information, a full account of the financial condition of South Australia up to that period, we have been awaiting a definite result of the measures entered upon, for the pur- pose of raising a loan, in order to make a statement of our subsequent proceedings, and of any intelligence received from the colony since the date of our former communication. But we now feel it our duty, before adverting to any other point, to report that tliere have this week been presented to us, from the Resident Commissioner, eight bills, amounting jointly to the sum of about 3,000/., which, if we ordered our treasurer to accept, our liabi- lities would immediately exceed our means to meet them. We have further to state, that the highest number amongst these eight bills exceeds, by nearly 50, the highest number we had previously received ; and that, upon examining the accounts, we find that, in point of 0.2 1. m'i fact. No. 62. R. Torrens, T. F. Elliot, Esqrs, and the Hon. E. E, Villiers, to J. Stephen, Esq. 26 August 1840. No. 62. R. Torrens, T. F. Elliot, Esqrs. and the Hon. E. E. Villiers, to J. Stephen, Esq. 26 August 1840. ■CeW*^ t%^ 9^ APPENDIX TO REPORT FROM THE fact, 44 bills of earlier date than the latest now presented have not yet come to hand. The average value of each bill received during the year has been about 380/. It is right to explain, however, before founding any calculation on these data, that there is no reason to suppose that the bill which happens to be the latest of those which have reached us forms any resting-place, or any term to the damands upon us. On the contrary, as will appear m a future pirt of this letter, continued drafts from the colony must be looked for at a rate at least equal to that which has prevailed from the beginning of this year. The amount then of the 24 outstanding bills, prior in date to some that have actually arrived, and which may, therefore, be expected immediately, may be estimated at upwards of i6,ooo/., independ- entlv of ail future drafts from the Resident Commissioner; and at the same time, as we have mentioned, we have not funds to pay at maturity the sum of 3,000 /., for which bills are already presented. Such being the immediate emergency which presses for consideration, we now turn to report our proceedings, and the information received by us subsequently to our communica- tion of the 7th July on this subject. In that letter we withheld no part of the case from Her Majesty's Government, as far as it fell within our knowledge. We stated that, by the end of this month (and we deeply regret that our calculation has proved correct), our existing funds would be exhausted ; and we requested a sanction to the measure of endeavouring to raise a loan, under the provisions for that purpose of the Act of Parliament. Lord John Russell promptly conveyed to us an answer in the affirmative. Immediately upon receiving that sanction, we proceeded to advertise for the proposed loan of 120,000 1. ; but, upon the day appointed to receive public tenders no offer was made. We then entered into communication with some parties friendly to the colony, and of the highest character and influence in the city of London, with a view of effecting the object by private contract; and although the apprehensions which arose on the foreign relations of the country interrupted the progress of arrangements, we have every reason to believe that, within a very short period from this time, the measure might be completed. In the mean while we regret to say that the tenor of the advices from the Resident Com- missioner materially changes the aspect of the case as to the adequacy of the loan, and also can hardly do otherwise than suggest some serious questions respecting the nature of the information to the public upon which it should be raised. When we formerly reported upon this subject, it was impossible to know, in the absence which existed of all distinct information, that the excessive rate at which the Resident Com- inissioner was drawing upon this country, was looked to by him as a permanent resource. It was far more reasonable to suppose, that in venturing to calculate so largely on the readiness of those who are charged in this country with the protection of the interests of the colony, in reckoning on their power, as well as on their consent, to pay bills exceeding by nine or ten times the amount they had said they were prepared to provide for, the object was to surmount some special and temporary period of supposed emergency; for the very Acts of Parliament under which the colony was founded, presented an absolute bar to raising funds to meet the bills, if the rate at which they were then proceeding were continued. Even if the colonial officers could imagine that the disposition to lend money, however often resorted to, would have no bounds, thej' might have been expected to remember that at atiy rate the power of the Commissioners to borrow, had, by wise provisions in the fundamental laws of the colony, a strictly defined limit. We lament to say, however, that by the despatches received since our last communica- tion, and which are so important that we annex copies of them, this consideration appears to have escaped every person in authority in the colony. The first of the two despatches announces, that as no further sale could at that moment be commanded of bills on the Commissioners, 15,000^. had been borrowed of the Bank of South Australia, in violation of the standing instructions of the Commissioners, to prevent any delay in settling all salaries and other claims upon the public on the 1st January 1840. It is distressing to perceive the blindness to the real difficulties of the colony which the arguments employed in favour of this measure betray. Much stress is laid on the discredit ■which would ensue, if every amount due at the beginning^of the year, could not be paid off punctually to the day ; but not a thought is bestowed on the far more serious, and possibly fatal discredit to the colony, if drafts from its government being presented in this country, there were no assets to meet them. The only limit to drawing bills on the Commis- missioners is shown to have been the possibility or otherwise of getting rid of them in the colony; the idea of the home funds being exhausted seems never to have occurred to any one. The next depatch is still more material, as affording, for the first time that we are aware of, the means of forming some conjecture of the extent to which the demands on this Com- mission may be expected prospectively. One of the enclosures contains a statement of the expenditure tor the last quarter of 1839, being the first clear statement we have ever yet been able to see of one whole quarter's expenditure. The amount is upwards of 34,000 I. The Resident Commissioner in his despatch states, that he sees no prospect of reducingthe same rate for some quarters to come. Until instructions can reach him, therefore, we may understand that the expenditure will continue at a rate approaching 140,000/. per annum. Deducting the colonial revenue, which has lately reached a rate of more than 20,000 1, there will still remam nearly 120,000 /. to provide for. With regard to any measures for increas- ing the local revenue, the Resident Commissioner explains, that the " difficulties in the way of legislation, especially on this subject," have been "immense." For the balance of 120,000/., SELECT COMMITTEE ON SOUTH AUSTRALIA. 93 120,000/., therefore, the resource must continue to be the sale of bills drawn without authority upon the colonization Commissioners in England, Before quitting the subject of the late advices from the colony, we may perhaps most conveniently mention in this place an irregularity which has appeared in several of the recent bills. The commissioners' instructions require that none should be drawn except for claims actually due, and that the letters of advice, countersigned by the Resident Commis- sioner, should declare no part of the payment to be in advance. A statement to this effect is accordingly printed on the face of those letters. But in various instances lately, a pea has been drawn through the statement thus inserted in the commissioners' forms, and instead of it an intimation substituted, that the proceeds of the bills "will be" devoted to the expenses of the "current quarter." It must be quite unnecessary to point out to Lord John Russell's notice the objections to this practice. We enclose a copy of our letter to Colonel Gawler immediately that it attracted our notice, expressing our strong disappro- bation of it, and peremptorily prohibiting its continuance. To return now to the loan : out of the proposed amount of 120,000 I., 90,000?., as we showed in our letter of the 7 th ultimo, must be paid before the end of the year to a fund, exclusively reserved for emigration. The remainmg 30,000 /. might, under any course in the colony which could be considered probable, have been expected to suffice to meet the future demands on revenue account, at any rate until fresh instructions could arrive from home. Under the commissioners' instructions to Colonel Gawler, this sum would have been adequate to defray the whole expenditure of the colony for nearly two years, without any aid at all from local revenue. And had the large drafts of the Resident Commissioner been drawn for any temporary exigency, which we have observed to have been so much more easily conceivable than that he looked to their permanent continuance, the same sum might still have been expected to rescue the colony from the impending dishonour of its government drafts. But at the rate at which it now appears that the bills will constantly be maintained, a sum of 30,000/. would scarcely last three months. For the purpose, then, of both meeting the Resident Commissioner's drafts, and also repaying the debt to the emigration fund, the proposed loan would be ineffectual. But should it be decided to reject the demands which have been made upon us with such want of consideration, a loan to the extent of 100,000/. might at least have the other use of enabling us to comply with the Act of Parliament, by replenishing the emigration fund, and also of giving us the means to pay various heavy claims, which we regret to say remain to be received on account of ships gone to the colony during the past twelvemonth. This view, however, brings us to the second question suggested by us, namely, whether we can with propriety negotiate a loan by private contract, under such circumstances, without any inti- mation to the parties of the real state of the colony ? Within a few days the Parliamentary Report from the late Board will appear for the year 1839, representing that during that period the state of the colony continued flourishing, and as far as we could ourselves supply any information of a statistical nature, it would relate to periods when all the unfavourable elements in the finance of the colony would not be apparent. In every official source of intelligence accessible to the public, there is nothing to excite the alarm of capitalists ; there is much to attract their confidence. How, then, would it be possible, under such circumstances, to take a loan of 120,000/. by private con- tract without explanation, but with the full knowledge that we were on the eve of a severe shock to the credit of the colony, which must immediately and severely depreciate the marketable value of the new securities ? The act is one which we are well convinced no Government would require of us, or knowingly permit; we need hardly add that it is one which we can never perform. This, then, is the dilemma to which, with deep concern, we feel that the interests of the colony are reduced. If payment of Colonel Gawler's bills is to be attempted, no loan which it is in the power of the Commissioners to raise, would be of any avail. If payment is to be refused, the credit of the colony must for the present be so severely shaken, that it must be doubtful whether any loan at all could be obtained. This last conclusion is the more to be regretted, because the motives for desiring to pro- cure funds, even though the Government bills were still to be rejected, are very weighty. To all persons who have purchased land in the colony, the public faith is pledged that the purchase-money shall sooner or later be expended in the introduction of emigrants. Advances from the proceeds of sales to the revenue fund are indeed authorized, but the Act of Parliament distinctly requires that at the end of every year, all, save one-third of the amount of that year's sales of land, must be replaced to the emigration fund. The sales in 1840, like those in. the latter part of 1839, ^^^^ ^^^^ comparatively trifling. By the end of this year, therefore, we are required, by express provisions of law, to have raised a loan, if it were possible, for repaying the greater part of the debt of 90,000 /. to the emigration fund. We have shown the reasons why there seems no prospect of being able to obey the law; we can only now throw ourselves on the protection of Her Majesty's Government for such directions as may appear expedient in this singular difficulty, brought on by no acts within our control, and for such measures hereafter as the case may require. In the preceding statement our object has been to endeavour to. present a distinct view of the facts and of the questions for consideration, rather than indulge in comments, which will suggest themselves much better to Lord John Russell's mind, or in the expression of regrets, which it must be obvious we cannot but deeply entertain. There are, however, one or two reflections which we are unwilling altogether to omit. In the first place it is wi:h much concern that we have been cempelled to object so strongly to several of the proceedings of Colonel Gawler. That officer has, we understand, 0.21. jM 3 always No. 62. R. Torrens, T. F. Elliot, Esqrs. and tbeHon. E.E. Villlers, to J. Stephen, Esq. 26 August 1 840. 94 APPENDIX TO REPORT FROM THE No. 6a. always borne a high character. In his government he appears to have displayed many qua- il. Torrens, T. F. Vities deserving of great respect. He has shown, in trying circumstances, both firmness and Elliot, Esqrs. and moderation. He put an end to dissensions, which previously to his arrival had distracted theHon. E. E. the colony. There are many other indications of his possessing a faculty of exercising a Villiers, to beneficial influence over the public mind. From the tenor also of his despatches, we can- J. Stephen, Esq. not doubt that he has been animated with a sincere desire to improve the organization of the 26 August 1840. public departments, which had in South Australia been so unfortunately imperfect and ■~^~~~~~ irregular. All these merits we gladly concede to Colonel Gawler. But upon subjects of finance it is not to be concealed that he appears to us to have fatally erred in judgment. His diflSculties were doubtless many. We are glad also that we can refer to one of the despatches which form the enclosures of this letter, as containing his own explanations of what he considered the necessity for the expenditure he has incurred. To Lord Joha Rus- sell's judgment we leave those explanations and views. The only remark we feel bound to make is, that in all matters of expenditure, we apprehend it cannot be enough to show that a particular object was in itself highly important, but that the other question whether means could be reasonably anticipated to defray it, must be deemed to form quite as essential a consideration. Jt is most unwillingly that we have touched on this branch of our subject, but the occasion calls upOn us to be explicit, for it certainly brings into immediate jeopardy the principle of self-support in South Australia. One other personal topic to which we must still more reluctantly allude, though we shall by no means say all upon it now that we could, if necessary, allege, is our own position. It is a very painful one. When the new Commissioners entered on their duties. South Australia enjoyed the reputation of being one of the most flourishing of recent British set tlements. One of the last statements of their predecessors, in their forthcoming Report will be, that up to the termination of their duties the colony had proceeded with complete success. Almost within six months afterwards, it devolves on us to exhibit the colony in a state of crisis, arid to show the probable defeat of that experiment of self-support, which has been watched 'by numerous persons with so much deserved interest, and so many^ good wishes ; and yet it is beyond all dispute that this unhappy change can in no way be traced to any act or influence of the new Board. From the time that our attention has been fixed on the finance of the colony, it has been our lot to be witnesses, but witnesses only of a constant accession of fresh embarrassments and dangers, produced by causes quite inde- jjendent of our control ; for throughout the proceedings which have led to the existing dilemma, the Resident Commissioner has been acting under the impression that he is still under the original authority. Every one of the despatches we have had with so much regret to examine, in this letter, is addressed to the former Board. Up to the latest moment of which there are accounts, the very fact of the change in the Commission was not so much as known in the colony. We have always done our predecessors the justice to state, that there was no want of pre- cision in their instructions on the subject of expenditure. Even supposing that the Resident Commissioner were right in considering the letter of these instructions in some respects impracticable, at least he might have understood that the total amount of the sanctioned expenditure must, till further directions, be taken as an index to the total amount, for which the authorities in this country could provide, and he should have kept any alterations he ventured to make, within that limit. But while we have thus done justice to our predeces- sors, it is not less due to ourselves, to point out, as we have done, that, at any rate the measures which have led to the present misfortunes, are, in every respect whatever inde pendent of even the existence of the new Commissioners. ' We feel, no doubt, that, under these circumstances, it will be the desire of Her MaJKty's. Government to afford us every guidance and support in the difficulty to which we find our- selves reduced, fraught as it is with so much importance to the future destinies of the colony. We beg, therefore, to apply, in the first place, for immediate directions as to the course which it will be proper to adopt upon the bills now offered for acceptance, and likewise to request any suggestions with which it may be deemed right to favour us on the question of the loan. Contingent on the decision of these principal questions, will be various others a so of considerable magnitude, to which we would propose to invite theatteution of Lord John Russell, when the primary points for consideration are settled. We have, &g. (signed) Mobert Torrens. T. Frederick Elliot, jE. E. Villiers. Copy of a DESPATCH from Governor Gawler to Colonel Torrens, (No. 9, Finance.) Sir T „ . ' iu u . . Adelaide, % February 1840. in Wmhpr'T ??r '° r'^T"' "'" Commissioners that, during my absen ce from Adelaide in December last the colonial treasurer transmitted to Mr. Gouger and Mr. Hall, who were in3/,in7R f'^'"^ i'^ duties of the government and land ofGces respectively, a very nf wh nh ?«^^r T'^'it *^? ''•^?''"S state of the financial affairs of this provinc^, a copy ofwhch IS enclosed The colonial secretary and acting assistant commissioner, having attentively considered the treasurer's report, and having conversed with- Mr. Jackson on thi subject, considered it to be of so much importance to protect the credit of the colonial government, by securing adequate means for the disbursement of all claims on the public funds SELECT COMMITTEE ON SOUTH AUSTRALIA. 95 funds which might hecome due on 1st January 1840, that regarding the date of my return No. 62. to Adelaide as uncertain, they felt it their duty to communicate with David M'Laren and ^| TorJ^''^* T. F. Edward Stephens, esquires, with a view to ascertain from those gentlemen whether they, as ^""o*' Esqrs. and representatives of the South Australian Company, would place to the credit of the colonial y^jj °"j. treasurer's account in this bank, such a sum, not exceeding 1 5,000 Z., as might be found j^g^gp^^g^ £g_ necessary to enable the treasurer to meet the several claims of the public creditors for the ^g August! 840. quarter ending 31st December. Messrs. M'Laren and Stephens acceded to the proposal which was made to them, and it was finally agreed that the bank should give the colonial treasurer credit, on the 31st December, fo"r 15,000/. That 3,000/. should be transferred on the 1st January, from the emigration fund, to pay off a portion of this loan, and that the remaining sum of 12,000?. should be paid off on or before 31st March 1840, with interest at 12 per cent, per annum, on the daily balance. The treasurer was to give the cashier of the bank 15 promissory notes for 1,000 Z. each, to be redeemed from time to time during the current quarter, and the colonial secretary and acting assistant commissioner to give a guarantee, on their personal securities, that the loan should be repaid to the bank. On my return to Adelaide on the 27th December, finding that the arangement above described had been completed, I sanctioned and confirmed it, as the best that could have heen adopted under the circumstances. I beg to assure the Commissioners that the clause in their instructions, which prohibits the raising money in the colony by way of loan, was neither forgotten nor wantonly dis- regarded in this case ; but Mr. Gouger, Mr. Hall, and Mr. Jackson, fully acquainted with the Commissioners' instructions, and deeply sensible of the responsibility which they incurred, deliberately adopted the course above mentioned, from a conviction that it was their duty to protect the Commissioners and the colonial government from the dishonour, and the public creditors from the almost ruinous distress, which the insolvency of the colonial treasury must have caused. I trust, therefore, that the Commissioners, in perusing the inclosed Report from Mr. Jack- son, a man of clear perception and sound judgment on financial questions, and of sterling integrity of character, will rest assured that the proceeding, however irregular it may at first sight appear, was, under the circumstances, necessary, and consequently justifiable, and that with this explanation they will understand and approve of the transaction. I have, &c. (signed) Geo. Gawler, Resident Commissioner. Sir, Colonial Treasury, 10 December 1839. Having been now upwards of two months in charge of the colonial treasury, and had opportunities, in consequence, of making myself acquainted with the position of your Excel- lency's government with respect to its local financial arrangements, I have felt it a duty, in the situation to which I have been appointed by your Excellency's favour, respectfully to solicit your Excellency's attention to the immediate difficulties of that position, and to the proposals which I have now the honour to submit to your Excellency's consideration, with the view of obviating them. The approach of the termination of the year, when large sums will become due by the local government, but for the payment of which we are at the present time wholly unprepared, renders this duty at once urgent and imperative. 2. Upon my appointment to the treasurership, on the ist October last, I found no balance to receive from my predecessor. On the contrary, my first act was to obtain a warrant from your Excellency for the quarterly transfer of three thousand pounds (3,000/.) from the land fund to the revenue fund, and by that means, and also by drawing bills on the Com- missioners in England, to place the Treasury in funds for the payment of a large amount due for the past quarter. The anomaly presented itself of my predecessor having to draw cheques on the last day of his charge, to a very large amount, with no funds in his posses- sion (as I believe) ; to meet which, however, your Excellency was pleased to authorize the only plan which could be adopted under the circumstances; without relieving my prede- cessor of his responsibility for the accounts of the quarter, in which he was treasurer, your Excellency authorized that the bank should honour Mr. Gilles's drafts out of the funds that might be in my possession. 3. It was my wish from the moment of my taking charge, that by the end of the year I should have funds in the bank more than equal to all the expenditure of the current quarter then remaining undisbursed; so, in future, preparing for the payment of accounts before they were due, and not after. I find, however, that there is likely to be considerable difficulty in effecting this object for the present quarter, confining ourselves to the means hitherto in use for placing the treasury in funds, namely, drawing bills on the Commissioners in England. 4. 1 have deposited in the bank, up to the present time, nearly twenty-four thousand pounds (24,000 Z.) in the shape of customs dues, fines, See, and proceeds of bills on the Com- missioners (exclusively, of course, of the land fund deposits), these last forming by far the most important item. 1 have further paid Messrs. East and Breeze a claim of fifteen hundred pounds (1,500/.) by bills to that amount drawn on the Commissioners, and which thus never went through the bank; and I may be required, to cover current expenses between this and the end of the quarter, to dispose of bills to the amount of 2,000 Z. or 3,000/. more; thus, already, requiring the charge side of my account for the present quarter to amount to, 0.21. m 4 say, 96 APPENDIX TO REPORT FROM THE No. 62. R. Torrens, T. F. Elliot, Esqrs. and the Hon. E. E. Villiers, to J. Stephen, Esq. 26 August 1840. say twenty-eight thousand pounds (28,000?.), of which upwards of twenty thousand (80,oooZ.) would be proceeds of bills of exchange. But of this total of 28,000/. about twelve thousand (12,000 /.) will have been paid to Mr. Gilles on account of the outstanding claims of the last quarter ; and taking then that sum as a criterion (and I have no other) of what may be due at the end of this quarter also, your Excellency will perceive that in order to meet, by ways and means provided beforehand, the whole expenses of the quarter, after paying, as I have done, Mr. Gilles's outstanding accounts for the past quarter, I should have to charge myself in this one quarter with about forty thousand pounds (40,000/.) ; and here it is that your Excellency, I think, will perceive the difficulty of obtaining this amount by the ordinary means at the disposal of the government. 5. From the foregoing statement your Excellency will gather that, having already sold or disposed of about 17,500/!. of bills, in order to place ourselves in funds, we want, as above stated, say 2,500/. more for current expenses, and 12,000/, more for what will fall due by the end of the quarter; that is, in the space of three months, if our wants are to be met by the disposal of bills alone, we shall have to dispose of bills to the amount of thirty-two thousand pounds (32,000 /.) It is the disposal of so large an amount that will create, as I apprehend, an insurmountable difficultj^ 6. Your Excellency will be aware that foreign bills of exchange to any amount are not always a marketable commodity. It is very true, that in this colony, at present without any export trade, considerable sums become due to foreign importers, which can only be paid for in money, or in bills purchased by that money ; and, as bills present a mode of remittance much more convenient than specie, bills will always be disposable when money is required to be remitted. But after all, your Excellency, whatever may be the circum- stances of the colony, the limit to the sellers of bills of exchange is bounded by the imme- diate necessities of parties to remit money. Now, when it is considered that there are many emigrants arriving here with large credit in England, or in the neighbouring colonies, and that our two banks have extensive credit in London, and one of them in almost every com- mercial depot in the eastern seas (whence we are accustomed to receive supplies), we are not to be surprised, your Excellency, when, in addition to drafts from these quarters, we come into the market to dispose of bills to the amount of 32,000/., in one three months, and find a difficulty in disposing of the whole amount ; and that difficulty is not one of mere antici- pation ; I have had, for the last fortnight, two of the series of bills countersigned by your Excellency, previously to your late departure into the interior, which I cannot dispose of. 7. It may also be observed, your Excellency, that we have rivals in the banks, who may feel justified, in prosecution of their own interests, in thowing obstacles in the way of our disposal of bills, and this they have the power of doing to a very considerable extent. It is simply necessary on this point to observe, that a person disposed to buy bills of me will fre- quently be at the mercy of the hank to place him in funds (by the discounting of his paper) to be enabled to do so, and under these circumstances it may be often to his advantage to keep on good terms with his bank, by consenting to buy their bills at a higher rate of pre- mium than that for which we would gladly dispose of them. 8. Upon the paramount necessity of our being no longer in the situation of owing money, and having none to pay with, I am sure your Excellency will fully agree with me. The credit of your Excellency's government demands that when persons apply at this treasury with accounts due to them, and bearing your Excellency's authority to pay them, they should be paid promptly. The public accounts, to be kept in a satisfactory manner, should be in a constant state of preparation for closing, as they cannot be with an account constantly over- drawn at the bank; and particularly at the end of a quarter we should not be in this con- dition, as it prevents our publishing the quarterly abstracts of receipts and expenditure in a manner which would show those documents to tally with the books of my department. We should be exhibiting, as receipts of a quarter, what would, in point of fact, be received in a subsequent, though it would be true they would be destined for the use of the preceding, quarter. And we are pressed by claimants ; we are forced to dispose of bills, if we can dis- pose of them at all, upon terms of course less advantageous than we might expect to com- mand, if we were always in advance of our payments. 9. It now remains for me to submit to your Excellency the only immediate remedy which presents itself to me, in order that at the end of the quarter all parties to whom the govern- ment is indebted, whether for salaries or on accounts rendered, may be punctually paid ; it IS simply to borrow, in case bills cannot be sold, of the bank of South Australia, if the bank will lend the sum of fifteen thousand pounds (15,000/.) 10. As we keep our deposits in the bank as well as the land fund, we are entitled, I hold, as a good customer of the bank, to the assistance of that establishment upon the present and every similai- emergency ; and my suggestion is, that a letter be addressed to the manager or cashier by me, it your Excellency pleases, or by any other authority, in which it should be set forth that finding bills to the large amount the government require, to be placed in adequate funds, cannot readily be disposed of, we applv to the bank, as the establishment with which the Government and South Australian Commission are connected, for their as- sistance ; and that we desire to know of the manager whether he would purchase bills of us for the amount required, and at what rate, or, as that can scarcely be expected, whether and at what rate he would place fifteen thousand pounds (15,000/.) to our credit for three months, that ■ Pf'" ^S^' however, of our repaying the loan, in all or in part, at any time within 11. Having, your Excellency, that sum to our credit, we could then devote the entire of the ensuing quarter to liquidate the claims of the bank, and to place ourselves in adequate Junds tor the future regular payment of every claim as it should become due, while the public service SELECT COMMITTEE ON SOUTH AUSTRALIA. 97 service would be saved all immediate embarrassment, and I should have no impediment in No, 62. the way of my closing the accounts speedily after the termination of the year. ^* Torrens, T. F. i 2. After jdl, should we by any unforeseen circumstances, be enabled to dispose of bills ^^^' Esqrs. and to the amount required, of course the suggestions now offered need not be acted upon. I ^.™'"'* **• ^" aUade to the disposal of bills in the ordinary way ; but I trust your Excellency will consider , 'ci^'^^ ''° p the actual condition in which we are placed at ihe present moment, without funds (for at ^5 AiLust'isJ?) the present moment we are in debt to the bank), but with large claims against us, renders it ' only a proper precaution on my part to offer them ; more especially as, even should circum- stances, not at present foreseen, place us in adequate funds on the present occasion, our general position is such that it becomes most desirable, as I respectfully submit, to consider the means by which any future emergency similar to that contemplated may be satisfac- torily met. I have, &c. His Excellency Lieut.-Col. Gawler, k. b. (signed) J. A. Jackson, &c. &c. &c. Colonial Treasurer. (No. 17, Finance.) Sir, Adelaide, 26 February 1840. The public finances of the colony still continue to form the subject of my deepest anxiety and regret; not because I consider that, as compared with all the general circumstances of the province and of the public departments, there is either irregularity or extravagance con- nected with them, but because they exceed, out of all proportion, the anticipations of the Commissioners, and because I have as yet been unable to place the accounts before them. With an open account book in my hand, I should not be unwilling, but rejoiced, to stand before the strictest tribunal in the British empire to defend their propriety ; but conducted as they have been in the dark, forbearance on so delicate and important a subject is scarcely to be expected from those who have not been personal witnesses of the general state of affairs in the colony. Even in this province by far the greatest proportion of colonists are without rneans of estimating the requirements of the public departments, the difficulties under which they labour, and the work which they have actually performed. This remark is particularly applicable to the case of the survey department, our greatest channel of expenditure. The persons who drew up the memorial to the Secretary of State of the iplh December, have no good grounds for complaining, as they appear to do in some scat- tered sentences, of the imperfectness of the survey system, of the slowness of the work, and of the amount of the expenditure. Fourteen months since there was neither department nor system. The materials of a department had to be collected. A system was at the same time struck out ; its leading principle was simply that every efficient surveyor that could be employed should be employed as he desired, either as a permanent officer in the survey department, as a private surveyor working for a time with the department, or as a contractor for any particular extent of work. The application of this system has been constantly improving. During the eight months that it was under my personal direction, I had to contend with all the disadvantages of a forming system, and unexplored country, and ill understood necessities. Captain Sturt, who succeeded me for three months, was able to give all his thoughts and time to the work, but he had no deputy surveyor-general, and a pro- portion of the difficulties which I had had to encounter still remained. At this time the fruits of the system are showing themselves abundantly. Mr. Frome, with great personal zeal and intelligence, has under him two very efficient deputy surveyors-general. Surveyors who have come from the other colonies or from England have become well known, and indolent characters have been removed from the department. The country has been well searched out to the extent of 7,000 square miles (50t)y 140); the survey stations are well posted; lines of communication have been opened. From my arrival in the country to the present date, about 200,000 acres have been actually surveyed; viz, 113,900 acres in preliminary and ordinary sections, and 90,000 acres in special surveys. Seven of these are quite or nearly ready for appropriation, and 13 more are actually in hand. This surveying was carried on, as has been before observed, in the face of the difficulty of forming an establishment, and for five months of those of a very wet winter, in an intricate and uninhabited country. For six months past the latest land orders from England have been appropriated, except in the cases in which the holders of them were indolent, or very difficult to be satisfied. Taking all things into consideration, I assure the Commissioners that the work done by the survey department has been very great; that its present prospects are most promising; and that those who, from honest motives, find fault with either, or who in the present state of the colony recommend any other system than that which is adopted, can only do so from absolute deficiency of information. In the present state of the colony, the employment of private surveyors has been found to be peculiarly disadvantageous and unsatisfactory, except in the particular cases of the proprietors of special surveys deciding on laying out secondary towns at their own expense, when the surveyor being partly remunerated by the purchasers, can afford to work for the government at a reduced rate. I have taken advantage of this circumstance in reference to the Murray and Reid, the Port Lincoln, and the Port Victoria surveys. I can confidently say, that according to the circumstances of the colony, the work done has been commensurate with the expenditure. This last has indeed been very great; but considering always the circumstances of the colony, and those in which I found the survey 0.21. ^ department, 98 APPENDIX TO REPORT FROM No, 6i2. 11. Torrens, T. F. Eriiot, Esqrs. and the Hon. E. E. Villiers, to J. Stephen, Esq. 26 August 1840. department, it could not have been otherwise, and the work have been done. The question was reduced within this narrow compass, — Shall the extraordinary expenditure be incurred,; or shall the surveys be continued at a rate of progress altogether incommensurate with the demand ? To this I conceive that the solemn pledges of the Commissioners to the public, " that the surveys shall be so conducted as to be alwajs in advance of the demand," contain a sufficient reply. I found myself, as the representative of the Commissioners, with all the weight of those pledges upon me, and personally working most laboriously : and, cautiously avoiding every expense that I conceived to be unnecessary, I have endeavoured to carry them out. Extravagant rates of wages and hire, and of prices of all kinds, I could neither remedy nor avoid. It also must be remembered, that even if I had felt it right to limit the survey establish- ment, it is probable that expense would not have been saved by such a course. When I came into the colony, respectable and well-disposed persons were seriously coming to the resolution of bringing actions at law against the Commissioners for the detention of the land they had purchased ; and if this practice had once commenced, its effects would proi- bably have been most ruinous. With all the experience we have gained, the progress and preparations that have been made, and the present zeal and intelligence of Mr. Frome, the expenses of the survey department are immense. Nevertheless, what can be done ? We must go on ; we cannot wait for a fall of wages and prices, or for the establishment of distant towns, to save the enormous expense of continual transport from Adelaide. A large extent of purchased land in round numbers, and considering special surveys as 15,000 acres each, about 300,000 acres is still unsurveyed, and several orders for additional special surveys are even now in the colony. In addition to the evil of a breach of faith with land proprietors, a check in the surveys would check the influx of that capital on which the province is to a great extent existing. As regards the police, the gaol, the emigration, and the harbour departments, we stand in a similar position. The expenses, as affected respectively by the high prices of the colony and the distance of Adelaide from the port, are very great ,- but I request the Commissioners to examine each of them, and say in which are we to curtail or to stop. In the police department we cannot ; this body is insufficient for its present duties. For the prevention of fatal collisions between the natives and overland stock parties, there ought at this time to be poHce stations at Morphett's Ferry, on the Murray, and at the Great South Bend, and for the preservation of the out-stations generally, from the danget of bush- rangers and stock-stealers, there should be stations at Gawler, Mount Barker, and other places. The pay of the police is such, that the officers are scarcely disposed to remain in It, and the men are ready, on the least attempt at reduction, to threaten to leave the service: as the accompanying memorial will show. The commissioners of police are most anxious for reduction, both in numbers and expen- diture, if it could be done with safety. The emigrants cannot be left on the beach at Glenelg, or in the swamps of the port ; they and their baggage must be transported to Adelaide, kept for some time after their arrival, and supported and attended in sickness. Their present dep6t is so truly miserable, that a public outcry on this most delicate subject is to be apprehended A considerable sum has been expended on the old port to make it temporarily available. Thk^vn ''7^-:,^'' '^^^'' ^'•' ^* '^^*'°^ (A-) Newport, will cost nearly 8,000/. mtioS^etSthr '"^. ^'°^"''^' ^' ^^'''^'^' ^""^ ^^' ^""^ authorized by the Com- +«k^Pn^n!'fl!f'°^' """"^^^ ?PP°;te? to f great extent, and expenses incurred in measures redured *!l"'^„ ^P™^^'^^';'*- Neither the numbers nor the salaries of public Officers can be formed ;nJ;n^.''°'^f°" the estabhshment are barely sufficient for the duties to be per- Stem2f^i^ T ^ *' "^"^ ^'?^ '^^' °f P"'^^^' ^^Se«' house-rent, &c., the salaries I have b^Pnl?' ^^""^''y^ especially of the higher ranks absolutely insufficient, strict economv^J^^'"'''""^ continually to bring the public departments into regularity and TSeTSlCf.r^^T- advances have been made towards these desirable objects, office'fstilf exists! ^"^'"^^nt of them, the want of concentrated and suitable public men? nt SSrnlS^''^^"*^ -u f t^-^^^g^^^e, I trust that neither Her Majesty's Govern- S'from strfc?Z r!?^''' ""/" -"^f '"^ '^' ^"J"^*''^^ *o ^"o^ themselves to form conclu- oftenmoS fnirW?nl.H *^\r*°°'^l newspapers; they are generally very unfounded, and had whSitha no? f'^' *^''' """"i.^ ^' '^"'^ difficulty in showing, if the government Sin^e wri n. fl.r ' %"^^^P^Pe/ medium of communication with the public. quaSy atlc^of^^^^^^^^^^ T) '^'t ^^T'^^^ observations, I have recSved a well-arranged this abstracts fbund.H h '*' 1" *°. ^' "^^" *° ^^^' ^^^^ ^^ details of accountson which Mr. Giles no havint ^1 "^^T^^ P'^^'^'^ *^^«"gh "^V '^^^'^ ^ the auditor-general. 30thSeptlbeflS f r T^^^'"'^^ ^"^ *« q^^rters ending the 30th June and general. ' "^^^ ^^^"^ compelled to place him in the hands of the advocate falf Sw the'XL?rTnf f?'f ^.^' theproper expenditure, for some succeeding quarters will TlSXenses of fhl °^ ''?''"'' Mr. Jackson has furnished the account.^ and only centre of supplLTAdelaid? """'""'" ""'* *''' "'"'"^'"^ '^''^^°'' ^'■''™ *' ^'""^ "iciy necessary to commence an infirmary, of the cost of which the Government SELECT COMMITTEE ON SOUTH AUSTRALIA. 99 J. Stephen, Esq. 26 August 1840. Government must bear a part, and it is scarcely possible to continue long with the gaol in N**- 62. ^ its present condition. vii^°"i^"^' '^' ^j As soon as the present Act for the imposition of duties on wines, spirits, and tobacco, has "7 u' ^^^''®- ^"^ completed its period, which will take place in April ensuing, it is the intention of the Council y.f,. °"' " " to repeal it, and to impose in its stead ad valorem duties on importations of all kinds by sea ' ° and land. By the Municipal Corporation Act also, which is now in progress, the in- habitants of Adelaide will be required to contribute towards their local expenses. By these legislative measures the expenditure will shortly in some larger degree be met, but it is difficult at this time to estimate to what extent. I assure the Commissioners that I have not shrunk from the duty of imposing taxes to meet the public expenditure ; but the difficulties in the way of legislation, especially on this subject, have been, I may with sobriety say, immense. In a preceding paragraph I have said that " I cannot estimate that the proper expenditure for some succeeding quarters will fall below the standard of that ending on the 31st of January last." It should be added that I have long had it in earnest consideration, and have brought the question several times before the Council, whether, with the limited funds that exist for meeting that expenditure, it is not imperative to reduce it by a large reduction of the survey, police, and harbour departments, and to take the consequences of such a measure. It is only a deep conviction, founded upon the broadest evidence, that those consequences would be most ruinous to the progress and prosperity of this hitherto most flourishing colony, that restrains me from acting upon it. How long the effect of that conviction will preponderate I caimot determine. My course will necessarily be much influenced by the bearing of communications that I may receive from Her Majesty's Government and the Commissioners. I have, &c. Colonel Torrens, Chairman, (signed) George Gawler, &c. &c. &c. Resident Commissioner. To the Honourable the Commissioners of Police, City of Adelaide, South Australia. We, your humble petitioners, the police of Adelaide, beg you will take into your earliest consideration the statements we here make, and that you will excuse the liberty we have taken in thus addressing you. First, we beg to state, we feel, from the alteration of our duty, from six hours actual service to ten per day, quite unable to serve with that prompitude that our duty requires. Second, we cannot but feel some degree of surprise as well as dissatisfaction at not being made acquainted with this and other alterations in our duty previous to our signing articles or entering into any agreement. Third, we are totally unable from our pay, which has been altered from 1 1. 6 s. per week and rations to iLlQs. and no rations, to purchase the two pairs of white trousers and gloves requested of us, being well assured we cannot pay the washing of such trousers and gloves consistently with our circumstances. We therefore humbly pray you will again place us on our old duty, and exempt us from any expense which our finances will not bear, and we will endeavour to discharge that duty to the utmost of our ability, or we shall, from duty to ourselves and families, be compelled to resign immediately, and seek a more profitable maintenance. (signed) Michael Mara. Thomas Kennell. John Mugnell. John Cormach. George JBirnell. Peter Byrne. Robert Christi. Joseph Fisher. Alexander M'Intyre. James Knight. Joseph Williams. G. Campbell. Thomas Garlich. Daniel Crosbie. James Eight. Thomas Norris. Wm. A. Newson. And. Macfee. M. Fiveash. A. Clayfield. William Dunn. EXPENDITURE of the Colohial Government for the Quarter ending 31st December 1839. Civil : Governor's establishment ------ Colonial Secretary's department - - - - - Department of the Colonial Treasurer, Accountant- general, and Collector of Internal Revenue Customs department ------- Auditor-general - - Postmaster-general's office, including conveyance of mails and rent of office ------- Colonial surgeon ---____ Harbourmaster's department _ - - _ _ Protector of Aborigines department - - - - Colonial Storekeeper's department _ _ _ _ £. s. d. 370 - — 137 10 - 197 10 _ 1,073 5 7 37 10 — 119 19 8 50 - - 337 14 8 107 10 - 449 3 6 £. s. d. 0.21. n 2 2,880 3 5 dcontinuvd.) 100 APPENDIX TO REPORT FROM Villiers, to J. Stephen, Esq. 26 August 1840 PT,^'"-^'-, K Judicial: EilJrE^^rs afd Supreme Court - - - the^Hon 'e ^E**" Advocate-general, including allowance for a clerk and an office Resident Magistrate's Court - - - _ _ Sheriff, including allowance for office - - - - Gaol establishment -----__ Clerk to Bench of Magistrates - - - - - Coroner, for inquests ------- Police : Superintendent - -.- Inspectors, sub-inspectors, and constables - - - Ecclesiastical : Colonial chaplain, including allowance for one horse £.• s. 16S - d. 108 13 - 165 12 - 57 10 - 170 14 - 25 - - 35 14 - 62 10 - 1,404 15 5 75 8 - Total Government Establishment Land office - ______ Survey department _ _ _ _ _ _ Emigration agent's department, including payments to surgeon's superintendents _ _ _ _ _ 223 15 6 3,725 6 9 744 19 2 Total Land Survey and Emigration Department - 7,879 5 Miscellaneous Disbursements: Public Works ___.__._ Stores for Colonial Storekeeper - - £. 4,446 1 6 Cartage of ditto - _ _ _ 28 0-- Stores, instruments, rations, &c. for survey, including ex- penses for expeditions for purposes of geographical „ survey £.4,766 19 1 Horses for survey - - _ _ 764__ Horse and bullock hire for survey - 702 10 3 Harness, clothing, hay, stores, &c. for the police - - _ _ _ Horses for police _ _ _ _ Horse-hire for police _ _ _ 4,725 £. 977 12 6 890 - - 437 - - 6,233 9 4 2,304 12 6 490 7 8 530 - - Marine stores and boats, &c. for Harbour department - Store-ship and punt ---____ Stores for emgration department - £.154 13 q Cartage for baggage for emigrants - 612 lo - Expenses of conducting prosecutions - - _ _ Passage-money of prisoners and guard to Sydney Infirmary - _ _ _ _ -__ Colonial botanist, for wages - - - _ _ Printing ••----___ Men employed by town surveyor - - - _ _ Sundry miscellaneous --____ Pensions, &c. paid on account of Home Government - Total Miscellaneous Total Expenditure properly belonging to Quarter - _ _ £ Paid to Osmond Gilles, Esq., late Colonial Treasurer, to meet the claims upon government for the quarter ending 30th Septembermg - - Total Disbuksements - _ _ £ 767 3 6 86 2 - 162 - - 151 3 - 15 9 7 498 4 - 171 9 8 368 2 1 64 4 8 £. s. d. 728 3 - 1,467 5 5 75 8 - 5,150 19 10 4,694 1 5 24,446 14 6 34,291 16 9 11,447 ' 1 1 46,738 16 10 Total Disbursements - _ _ . _ Total Receipts ______ Excess of Expenditure for the Quarter - £. £. s. d. 45,738 16 10 43,076 19 4 2,661 17 6 Colonial Treasury,"! 24 February 1840. J Compiled from cash vouchers of Colonial Treasury, (signed) J. A. Jackson, Colonial Treasurer and Accountant-general. SELECT COMMITTEE ON SOUTH AUSTRALIA. 101 Reyenue: Customs Postage - Fines and fees Licences - Permits - RECEIPTS for the Quarter ending 31st December 1839. £. s. d. £. s. d. 5,194 12 5 107 2 11 290 6 - 98 - - 4 18 — 5,694 19 4 3,000 -- » 17,175 2 - 2,128 15 4 72 5 6 15,000 - - 5 17 2 37,382 - - £. 5 - - - _ 43,076 19 4 Quarterly transfer from Land Fund - - - - Proceeds of bills drawn on Commissioners - - - From J. B. Hack & Co., for brig " Rapid" - From Colonial Storekeeper, proceeds of sale of stores - Advance from Bank of South Australia - - - Interest on daily balance in Bank _ - _ . ToTAi. Receipts - Compiled from cash vouchers of Colonial Treasury, Colonial Treasury,"! (signed) J. A. Jackson, 24 Feb. 1840. J Colonial Treasurer and Accountant-General. (No. 58 ; Finance.) South Australia Colonization Office, Sir, 9, Park-street, Westminster, 24 August 1840. In our recent despatch of the 8th ult., marked " Separate Finance," we requested that you would lose no time in correcting the practice, which had lately grown up, of giving no other information in letters of advice upon bills, as to the nature of the purpose for which they are drawn, than that it was for " claims incurred during the past quarter." It is no doubt to be observed, that in Mr. Gliddon's letter to you of the 15th November 1839, written by order of the late Board, it is stated that under the circumstances mentioned in your despatch of the 31st March 1839, No. 14, the Commissioners would " forbear to press for the invariable insertion in the letters of advice of the object of expenditure ; but they trust that, when practicable, this regulation will still be attended to." The terms of this letter were evidently intended not to sanction a universal custom of advising the bills in such manner as to give no material information at all on the purpose for which they were drawn, and at any rate we adhere to our recent view that the custom should be altered. We are now compelled to notice another very important irregularity in the letters qf advice which are at present from time to time coming into our hands. By the instructions to you on the receipt and expenditure of the public money in South Australia, dated 5th October 1838, it is required that " before ordering payment of any account, you will cause it to be examined and certified to you as due." The instructions to the treasurer, of the 9th November 1839, especially direct as to the letters of advice to be countersigned by you, that one of their statements is to be that no part of the payment is to be in advance. Such a statement is accordingly printed on the face of those letters. But in the case of No. 190, of 25th February last, being a draft for 283 /. hs. in favour of Messrs. Gorton & Co., and in all but one of the bills which have been subsequently received, a pen is drawn through the passage inserted as above mentioned, in accordance with the Commissioners' directions, and, instead of it, is substituted the very unsatisfactory intimation that the proceeds will be devoted to the expenses of the current quarter. Independently of the disregard manifested for the instructions issued by the Board for your guidance, we can hardly conceive a practice more subversive of regularity in the colony, and more dangerous to the proper application, or even the safe custody, of the public money, than this course of drawing and selling bills to raise money for no object which can be described as actually due, but merely under an indefinite intimation that at some future time the proceeds will in fact be devoted to public uses. The expedient is also an additional obstacle to the exercise of any effectual control from this country, or the acquisition of any available knowledge here of the course of expend itu e in the colony ; for, inasmuch as it professes to find funds for general purposes, and not for definite charges already incurred, it finally precludes the practicability of knowing what bills are drawn for authorized expenses and what for unauthorized. It thus provides a form for, and adopts as a system, the practice which had already become too plainly a settled one in the colony, of leaving the authorities in this country who are responsible for meeting the bill's, no means of even conjecturing beforehand the amount of the demands. The substantive question of the evils with which the colony is threatened by the exorbi- tant amount of the bills that have been cast upon this country, is a subject too serious for us to enter upon in this despatch upon the inaccuracies in their forms. The statement of their amount and of the necessity for absolutely prohibiting their continuance, has been submitted by us to Her Majesty's Government ; but in the meanwhile it is not the less necessary to guard against an incorrectness of form which may further enhance the obscurity and con- fusion now unfortunately attending the course of colonial expenditure. We must now, therefore, request that the irregularity we have mentioned may be discon- tinued ; and if, after the date at which this despatch shall reach the colony, any further bills should be sent to us, open to the same objection, we shall feel that we have no choice but to refuse their payment, as drawn in an irregular manner, and not in accordance with the form which we have prescribed. We have, &c. His Excellency Colonel Gawler, (signed) T. F. Elliot. Resident Commissioner in South Australia. jE, E. Villiers. 0.21. n 3 No. 62. R. Torrens, T. F. Elliot, Esqrs. and tlie Hon. E. E. Villiers, to J. Stephen, Esq. 26 August 1840. 102 APPENDIX TO REPORT FROM — No. 63.— fifo. 63. Copt of a LETTER from J. Stephen, Esq. to C. E. Trevelyan, Esq. J. Steohen, Esq. tp C. E. 'Trevelyan, Sir, Downing-street, 11 September 1840. Esq. On the 13th July I addressed to you, by Lord John Russell's . direction, for the consider- 11 Sept. 1840. g^^jQj^ Qf ^jjg Lords Commissioners of the Treasury, a letter enclosing a report from the Colonization Commissioners of South Australia, in which they brought under the notice of Her Majesty's Government the financial condition of that colony as it at that time appeared. I further intimated to you Lord John Russell's intention to institute the fullest investigation into the affairs of South Australia, and to adopt such measures as might be best calculated to check the embarrassments in which the colony was then involved,, and to prevent the ruinous consequences which, would otherwise inevitably follow; and I stated that, in the meantime. Lord John Russell considered it absolutely necessary, as a part of the system on which the colony was founded, that Her Majesty's Government should authorize the commissioners to raise a loan to the amount which they proposed of 120,000/., under the provisions of the Act, on the security of the revenues and public lands of the colony. On the 18th of July you intimated to me the concurrence of the Lords Commissioners of the Treasury in the views and proposals of Lord John Russell on this subject. On the 26th of August the commissioners addressed to Lord John Russell a report, which, however, from accidental causes, was not formally transmitted to this office in a correct shape uiitil the 6th instant, of which report, and of the enclosures to it, I now, by his Lordship's direction, transmit copies to you, for the information of the Lords Commissioners of the Trea- sury. From that report the Lords Commissioners will learn, that eight bills from the resident commissioner at South Australia, amounting jointly to about 3,000 1., have been presented for acceptance; that the commissioners have no means to meet these bills ; that it appears that there are 44 other bills of earlier date, which will shortly be presented, the amount of which may be estimated at upwards of 16,000 1. ; that the commissioners had taken measures to raise the proposed loan with every prospect of obtaining it, but that recent reports from the resident commissioner have rendered this impracticable ; that from those accounts it appears that the expenditure for the last quarter of the year 1839 had exceeded 34,000/., without any prospect of reducing this rate for some quarters to come ; that, consequently, the commissioners understand that the expenditure of the colony will continue at a rate approaching 140,000/. per annum, the revenue being something more than 20,000/. per annum; that the deficiency is therefore proceeding at a rate of about 120,000 /. per annum, to be provided for by bills drawn on the commissioners in England; that if the loan of 120,000 /. were raisedy the law would require the appropriation of 90,000 /. from it, before the end of the year, to emigration ; but that the propriety of negotiating a loan at all under such cir- cumstances is very doubtful, unless the whole case were first communicated to the con- tractors ; that the concealment of those facts would be the more indefensible because the lately published report of the former commissioners represents the colony as flourishing to the end of the year 1839 ; and there is no other accessible official intelligence to counteract the erroneous impression which the contractors might derive from this statement. From these premises the commissioners conclude that, if they are to attempt to pay the resident commissioner's bills, no loan which they could raise would be of any avail, and that if they are to refuse payment of those bills, it is doubtful whether any such loan could be obtained. They add, that the land sales in 1840, hke those in the latter part of 1839, have been comparatively trifling. Lord John Russell cannot contemplate the statements thus made by the commissioners, and the prospects which they thus unfold, without the most serious alarm for the results which must speedily follow ; affecting not merely the future prospects of South Australia, but the interests of the large number of Her Majesty's subjects who have pledged their persons and their property to the success of this plan of colonization. It had been his Lordship's design to postpone until the next meeting of Parliament, the inquiry mentioned m my letter of the 13th of July, and then to propose the appointment of a Committee of the House of Commons for that purpose. But his Lordship was then wholly unapprized of the facts which I have now recapitulated, nor had he ever received, either from the governor or from the commissioners, an intimation that the public expenditure in South Australia was so far exceeding the revenue as to create the necessity for drawing on the commis- sioners beyond the extent which they had sanctioned, and for which they were prepared to , make provision. In considering the proper course to be taken under such critical circumstances. Lord John Kussell is not prepared to advise the Lords of the Treasury at once to provide funds tor taking up the outstanding bills. His Lordship assumes from the statements of the commissioners, that drafts at the rate of 120,000/. per annum must be expected. How soon the drawmg such bills can be checked does not appear ; but as several months must e apse before instructions to that effect can reach the colony, it may be anticipated that bills tor the defaciency of the current year will be drawn to a very large amount. Un the other hand. Lord John Russell is not prepared to advise that the bills should be at once and finally dishonoured. The mischiefs which might result from such a pro- ceeding appear to him too serious to be incurred except on an evident necessity. 1 he only resource which, as it appears to Lord John Russell, remains to Her Majesty's Government, is that of declining to afford, or to promise any pecuniary assistance until a full SELECT COMMITTEE ON SOUTH AUSTRALIA. 103 full and close inquiry into the origin of these financial embarrassments, and into the present Nq. 63, state and prospects of the colony, shall have enabled them to judge how far any aid which j. Stephen, Esq. to it might be in their power to afford would effectually relieve South Australia from the C. E. Trevelyan, embarrassments in which it is involved, and in what manner and on what conditions that Esq. relief could be most properly and effectually given, if it should ultimately be thought right iiSeptemberi840 to afford it at all. Lord John Russell will not for the present express or suggest an opinion, ■ whether the responsibility for these disasters devolves on the present or the former commis- sioners, or on the local authorities, or whether they are to be traced to the provision which has placed the expenditure of this colony alone beyond the control or cognizance of the Secretary of State for the Colonies, and of the Lords Commissioners of the Treasury, or to any other of the innovations which the South Australian Act has established in the system of colonial government and administration ; but his Lordship is of opinion that these are all inquiries which it would be right to pursue, in order that the sources of the evil may be fully explored and detected. His Lordship considers that it will be necessary that the whole subject should be sub- mitted to a Parliamentary inquiry, as soon as Parliament shall meet, with the view of inquiring into the state and prospects of the finances of South Australia, into the origin of the existing embarrassments, and the proper course to be taken for relieving them and arresting their progress, and for placing the revenue and expenditure on a secure and proper footing. But in the meantime his Lordship is of opinion, that it may be expedient that the imme- diate difficulties of the colony should be considered, with the view of ascertaining whether some steps may not be taken to meet the passing emergency, with a due attention to the public interests and security, until the whole question can come before Parliament, and would suggest to the Lords of Ihe Treasury that for that purpose they should institute such inquiry as they may consider proper into the financial state of the colony. In the mean- time his Lordship would propose that the holders of the bills should be informed that they cannot be accepted, and that no pledge can be given for the future acceptance or payment of them. Lord John Russell is also of opinion, that the most peremptory instructions should immediately be addressed to the Governor, requiring him to make preparations for confining the public expenditure of South Australia within the limits of the local revenue, and informing him that the bills which he may draw in future will not be accepted unless they have been previously authorized at home. Further it does not appear to Lord John Russell prudent or practicable to advance at present. I have, &c. (signed) James Stephen. — No. 64. — Copy of a LETTER from R. Torrens, and T. F. Elliot, Esqrs., to J. Stephen, Esq. South Australian Colonization Office, 9, Park -street, Westminster^ Sir, 11 September 1840. In reference to that part of our letter of the 26th ultimo, in which we stated that there were various heavy claims outstanding on account of ships gone to the colony during the past twelvemonth, and also to our remark, that as soon as the decision of Her Majesty's Govern- ment should be known on the principal points, whether the bills now in course of presenta- tion should be accepted, and what should be done as to a loan, there would be various subordinate, but still important, questions which it would be necessary to consider, we are desirous to present a fuller view of the nature of the outstanding claims, independent of bills, and of their probable amount. If, indeed, the decision should be to enable us to raise a loan, it might appear less necessary to trouble Lord John Russell on the point we have now adverted to, because one of the main objects of the- loan would have been to enable us to satisfy those claims, and provide generally for our wants connected with emigration ; but if a loan should not be raised, the manner of providing for these demands may be considered amongst the most urgent of the questions connected with the present embarrassing subject. The chief amounts of money payable in England, exclusive of bills of exchange, may be classed under the following heads : 1st. Passage-money of emigrants ; 2dly. Fees to agents for the selection of emigrants ; 3dly. Salaries for the establishment at home, and incidental expenses ; 4thly. The interest of the colonial debt. We have taken steps for the preparation of an accurate statement of the sums prospectively payable under all these heads ; but as some of the claims will not accrue until after the lapse of 18 months, or nearly two years, it would require some little time to furnish precise estimates of their amount. In the meail- time, we hope that the sums we shall name ad interim will be accepted as only the best approximation we can offer to an exact estimate. We prefer venturing on this course, to incurring any delay which can be avoided in bringing this part of the subject more largely than before under the notice of Her Majesty's Government. 1st. With regard to the passage-moi^.ey of emigrants, the custom is to pay one-half on the departure of the ship, and the other on the receipt of documents showing that the people were safely landed and in good order. As soon as we began to feel the embarrassments with which the finance of the colony was threatened, we ceased to advertise for further ships. No vessels, therefore, are about to sail 0.21. ■ n4 No. 64. I R. Torrens, and T. F. Elliot, Esqrs, to J. Stephen-, Esq. 1 1 September 1 840. for 104 APPENDIX TO REPORT FROM R. Torren= tnd ^^"^ ^'^^'^^ *^® ^'"^^ moiety of the passage-money will fall dfte ; but this moiety is due for the t! F. Elliot Esqrs ^^^^^ '^^t that departed, and the applications for payment are now lodged with us, amount- to J. Stephen, Esq.' itig jointly to the sum of 3,200/. This is a larger sum than our treasurer could pay without 11 September 1840. depriving himself of the means of meeting, at maturity, bills which have already been accepted. The whole amount of second moieties of passage-money outstanding may be reckoned at about 36,600 /. ; out of this amount, 5,700 I. has now become actually due, and payment is applied for ; and further sums, amounting to 7,000 I. in all, may be expected from time to time to become claimable between this date and the end of next month. 2dly. The agent's fee for selecting emigrants has hitherto been 1 L, of which only one- fourth has been payable on the departure of the emigrants, and the remainder after there had been an opportunity to hear of any misconduct during the first six months of his resi- dence in the colony. We have lately reduced the fee to 10 s., and made the whole payable on the embarkation of an approved emigrant. But a vast number of claims for the balance of fees under the old practice will necessarily remain outstanding for a long time to come. The accounts connected with this subject are, however, so numerous, and are composed of so many small items, that it is with great diffidence we hazard an estimate of their amount until it can be done by actual inspection of the documents, and computation. We believe, however, that they may, at any rate, be taken not to exceed 2,000 1. The claims under the two preceding heads exist by virtue of express contracts with this Board. Nothing could exceed the hardship to the mdividuals, or the pain to ourselves, of our being unable to satisfy their just demands on this commission. This would be no case of bills beyond the funds to meet them, which parties who had never authorized them to be drawn might equitably reject. It would be a failure to pay the value of goods bona fide supplied, or services performed, on the faith of the engagements of a public department. We cannot too deeply lament that the utterly unforeseen and unsanctioned amount of drafts from the colony has rendered it impossible for us to raise with propriety that loan which, by the terms of the Acts of Parliament, it was our duty to raise before the expiration of the present year, in order to replenish the land fund, and to expend the proceeds to a far greater extent than the prospective liabilities We have above enumerated in purposes of emigration. 3dly. The extent of the establishments to be maintained at home will of course depend in great measure on the decision of Her Majesty's Government on the whole of the questions we have recently had occasion to submit. Assuming, however, for the sake of calculation, that they should continue on their present scale, the whole cost of them, and also of all incidental and miscellaneous expenses, up to the end of the half-year in 1841, would, per- haps, amount to 4,600 I. 4thly. The interest on the colonial debt falls due on the 15th of January and 15th of July. It amounts to 6,708 I. per annuni. From the preceding review, it appears that, setting aside all bills of exchange not already accepted, the total outstanding claims on this commission for passage-money of emigrants and agents' fees, may be estimated at 41,800 Z., and that in order to carry on the establish- ments and pay the interest on the debt to about the middle of next year, there would be required a further sum of of 11,300 /., making in all a little more than 63,000 I. We have, &c. (signed) Robt. Torrens. T. Frederick Elliot. P.S. For greater convenience of reference, we subjoin a tabular synopsis of the diflPerent sums stated m the course of this letter, included in a statement of all assets and liabilities, exclusive of bills not already accepted. A STATEMENT of Assets and Liabilities, exclusive of all Bills of Exchange not already accepted. LlABIlITIES : Total of First Moieties of Passage-money, unpaid - _ _ Ditto Second - - ditto - - - Total of Passage-money _ _ _ _ Total of Agency on Emigrants, estimated not to exceed balanes. Rent and Sundries, to the 30th June 1841 say - - - Interest on Bonds to the 15th July 1841 - _ ' . Bills of Exchange which are already accepted - _ _ _ . Total of the above --.._£. f. s. d. 3,227 5 3 36,569 5 4 39,796 10 7 2,000 - - 4,600 - - 6,708 - - 9,200 10 7 62,305 1 2 SELECT COMMITTEE ON SOUTH AUSTRALIA. 105 Liabilities brought forward - _ _ - Assets : Cash in the hands of the Treasurer _ _ - _ £.2,505 5 11 Exchequer Bills in hand ------ 8,000 - - 10,505 5 11 Cash to be received from the South Australian Company on the 28th September ------ 1,931 14 2 f. 12,437 - 1 Total Deficiency £. s. d. No. 64. 62,305 1 2 R. Torrens and T. F. Elliot, Esqrs. to J. Stephen, Esq. 1 1 September 1 840. 12,437 - 1 - £. 49,868 1 1 Of the above-stated Liabilities, the following are now due and applied for ; viz. First Moieties of Passage-money - - - . Second - ditto _.----- Sundry accounts, say ------ Total The following are expected to fall due next month ; viz Passage money -------- Salaries, Rent and Sundries, say - - - - (signed) Joseph Jackson, Accountant. - £. s. d. 3,227 5 3 5,675 14 7 450 - - - £. £.5,607 15 3 950 - - 9,362 19 10 6,557 15 3 £. 15,910 15 1 — No. 65. — Copy of a LETTER from J. Stephen, Esq., to C. E. Treoelyan, Esq. No. 65. J. Stephen, Esq. to Sir, Downing-street, 14 September 1840. C. E. Trevelyan, With reference to my letter of the 11th instant, I am directed by Lord John Russell to ^^' j. transmit to you, for the consideration of the Lords Commissioners of the Treasury, a copy i4oepteniberi84o. of a further report from the South Australian Commissioners ; and I am to request that you '~~~~^^~' will observe to their Lordships, that the additional facts, which Lord John Russell now learns respecting the liabilities of the commissioners, confirm the opinion which his Lordship has already communicated to the Lords of the Treasury, as to the necessity of an early and close investigation into the financial affairs of South Australia. I am, &c. (signed) Jas. Stephen. Copy of a LETTER from J. — No. 66. — Stephen, Esq., to the Colonization Commissioners for South Australia. Gentlemen, Downing-street, 22 September 1840. I AM directed by Lord John Russell to acquaint you, that his Lordship lost no time in referring for the consideration of the Lords Commissioners of the Treasuiy your letter of the 11th instant, enclosing a statement of the assets and of the liabilities incurred on account of South Australia ; and his Lordship directs me to acquaint you that Her Majesty's Government will make a decision as soon as the Treasury have satisfied themselves as to the facts. Lord John Russell directs me at the same time to state, that he must protest against the Government being responsible to an indefinite amount for the support of South Australia. I am, &c. (signed) Jas. Stephen. No. 66. J. Stephen, Esq. to the Colonization Commissioners. U2 September 1840. 0,21, io6 APPENDIX TO REPORT FROM No. 67. — IVo. 67. R. Torrens and T. F. Elliot, Esqrs. to J. Stephen, Esq. 17 September 1840. 7 July 1840. 26 Aug. — 11 Sept. — Copy of a LETTER from R. Torrens and T. F. Elliot, Esqrs., to Jas. Stephen, Esq. South Australian Colonization Office, gjj. 9, Park-street, Westminster, 17 September 1840. In our previous letters of the dates mentioned in the margin, our immediate objects were either to state fully, for Lord John Russell's information, the facts coimected with the existing financial difficulties in South Australia, or to point out any remedial measures which it occurred to us might deserve consideration for the future. Before quittmg the subject, however, we are anxious in a further communication to collect into one view the grounds for earnestly hoping that Her Majesty's Government may assist the colony through its present crisis, and judge favourably of the title of the colonists to its protection. We have adverted already, in our recent letter of the 11th instant, to the hardship which will be inflicted on those who have pecuniary demands upon the commission, if funds be not supplied to satisfy their claims. Those claims are less than the amount which, by the terms of the Acts of Parliament the commissioners were positively required to incur, for they were directed to expend ,the whole of the receipts for land upon emigration, and those receipts have been far greater than the outstanding demands will absorb. But the same law also authorized the commissioners to advance out of the proceeds of land sales, any money required by exigencies arising from deficiencies in the revenue fund, and thus they found themselves called upon, not to expose the colony to the ruinous discredit of dishonouring 'the resident commissioner's bills at a time when ample means existed in their treasurer's hands, and when there was no intimation that the excessive rate of those bills was to be indefinitely continued. ' The tendency, of course,, was to render the fund eventually inadequate to the satisfaetion of both classes of obligations. But this case likewise was provided for by the Acts, which pointed to the resource of a loan. We had relied, therefore, on that resource, and were actually engaged in measures for raising a loan, when intelligence arrived from the colony, showing that no amount of money which we could borrow without the assistance as well as the sanction of Her Majesty's Government, could possibly rescue the colony from financial disaster. These are the circumstances under which we have had to appeal to Lord John Russell for directions, and, in the meanwhile, find ourselves unable to meet a class of demands which every consideration of justice and of regard for the credit of the public departments of the government, renders it of the utmost importance that we should be placed in a position to discharge. The question is not less urgent in point of time than material in the other respects we have mentioned, for several of the claims are now due and preferred to us, and we shall most anxiously await instructions how they are to be answered. Another and more general consideration is, the right of land purchasers to expect that the whole of their purchase-money will be expended in conveying labour to the colony. This may be deemed an essential condition of their contracts ; it is secured by the language of the Acts of Parliament under which the colony is founded, and a failure to perform it would constitute a breach of public faith. All the industrial arrangements of the colony, as we observed in our letter of the 7th July, have been made in reliance on this pledge. " Land," as we there stated, " has been purchased under the belief that labour would be obtainable for its cultivation ; houses have been erected in the anticipation of the demands of inflowing emigrants, and in all the branches of business, the employment of capital has received its direction from the expectation that population would continue to increase under the action of the whole of the fund created by the land sales." The disappointment of this expectation, upon which the entire business of the colony has hitherto been conducted, would not fail to be followed by the most disastrous consequences, by the loss of property, the destruction of capital, the suspension of industry, and by the risk of extensive destitution. Such are the grounds on which we anxiously hope that means may be found not only of enabling us to liquidate the past claims incurred on account of immigration, but also of providing for the same important object for the future, to the full extent of all the sums that have been received for land. But we should insufficiently discharge the task we have pro- posed to ourselves, and should ill satisfy our own feelings on the subject, were we not further to ofter an appeal on the consequences which may result to the colony, unless funds are supplied to avoid the rejection of the resident commissioner's bills. In South Australia, the principal attention of the settlers was at first directed to laying out towns, and to the construction of buildings and other works, rather than to the culti- vation of the soil. Without entering here into a discussion of the causes to which this course may be ascribed we may observe, that, at any rate, it was strongly promoted by circumstances over which the colonists had no control, and for which it would be hard that they should be the sufferers ; for, by some of the provisions introduced into the Acts of Parliament, it was necessary to sell m this country extensive tracts of lands before any preparations could be commenced for exploring and surveying the districts to be occupied. The settlers, therefore, on arrival, were precluded from commencing operations by raising the first necessaries of iite,. and may be said to have been almost compelled to employ themselves in building and other town occupations while waiting to obtain possession of their land. One point of the great expenditure m the colony has been, to bring ,jp the surveys to a point equal with the demand SELECT COMMITTEE ON SOUTH AUSTRALIA. 107 demand for land. We hope for a speedy change, therefore, in the important respect to No. 67. which we have just adverted; but in the meanwhile, wroduction having hitherto made little ^- Torrens ar.d progress in the colony of South Australia, we solicit attention to the fearful calamity which T. F. Elliot, Esqrs. may occur, should we be compelled for want of funds finally toreject the bills drawn upon *° ;^- Stephen, Esq. us by the resident commissioner. A population which is estimated at from 13,000 to 15,000 I7=«pteniberi840, souls must subsist, as far as we are yet informed, almost exclusively upon imported provi- sions, paid for, not by exported produce, but by bills. Should the governor's bills be dishonoured and panic ensue, the inevitable consequence would be a suspension of supplies from the neighbouring colonies. The danger is most formidable, and the settlers who are threatened with it cannot be considered in the light of individuals who have engaged in some private enterprise of which they must be content to participate in the success or the failure. The colony of South Australia was formed with the consent of Her Majesty's Govern- ment, and with the concurrence of the Imperial Legislature, under whose Acts it was founded. Nothing was wanting to render the scheme to all intents a public one, or to stamp the authority under which it was undertaken with a national character. If in the original plan there were imperfections which delayed the assignment of their lands to the settlers, and thus retarded the growth of food for home consumption, or of produce to be given in exchange for food, or if any subsequent improvidence of the local authorities has precipitated a financial crisis, these are circumstances over which the colonists themselves had no power, and it will be deeply to be deplored that they should be involved in a ruin resulting from causes for which they are not responsible. Looking to the nature of the colonial constitution, and to the particular relations which under it this commission bears to the individuals who have embarked their fortunes in the colony, we have felt bound to offer to Lord John Russell the present appeal on behalf of the extensive British community which during the last few years has been settled on the sheres cxf Sijuth Australia. We shall be sincerely gratified, if by guaranteeing a loan of sufficient amount to cover all the requisite purposes, or in such other mode as to the judgment of higher authorities may seem expedient, the considerations we have ventured to urge may appear to Her Majesty's Government to constitute adequate grounds to provide for all the proper objects, past and prospective, of emigration, and also to avert the calamities which may attend the rejection of the resident commissioner's bills, and thus to gain an opportunity of placing the finances of the colony upon a permanently secure basis. We have, &c. (signed) Robert Torrens. T. Fred. Elliot. — TVo. 68. — Copy of a LETTER from Robert Gordon, Esq., M.P., to J. Stephen, Esq. No. 68. Sir, Treasury Chambers, 23 September 1840. Es^^^m ?°tS°"' Having laid ibefore the Lords Commissioners of Her Majesty's Treasury your letter of j ^steDhen Esa tlie 11th instant, on the subject of the financial embarrassment of the colony of South a's September 1840.^ Australia, I have it in command from their Lordships to acquaint you, that they entirely ' " concur in the view expressed in your said letter, that the whole state of the colony of South Australia should be subject to a Parliamentary inquiry at the earliest possible period. In the meantime their Lordships will take into consideration the immediate difficulty, and direct an inquiry to be made into the present financial circumstances, with the view of ascer- taining whether steps can be taken to meet those difficulties with a due attention to the public interests. Their Lordships concur in the notice which Lord John RussuU proposes to give to the holders of the bills. My Lords consider that an inquiry of this nature may best be made under the superin- tendence of one of this Board, and Mr. Parker will accordingly undertake this duty, with such assistance from this department as he may consider necessary. I am, &.C. (signed) R. Oordon. — No. 69.— CoTY of a LETTER from J. Stephen, Esq., to the Colonization Commissioners for No. 69, South Australia. J. Stephen, Esq. to the Colonization Gentlemen, Downing-street, 28 September 1840. Commissioners. LoED John Russell having referred for the consideration of the Lords Commissioners of 28 September 1840. the Treasury your report of the 9th ultimo on the subject of the financial embarrassments ju of the colony of South Australia, has directed me to transmit to you, for your information, ij%^'-^plie„ copies of a correspondence with the Board of Treasury on the subject. ' Jj?^^^2£: ' Trom this correspondence you will perceive that it is the intention of Her Majesty's a/\r°^2S^ Government that the whole state of the colony should be the subject of a Parliamentary 0.21. 2 inquiry io8 APPENDIX TO REPORT FROM No. 6g. inquiry at the earliest possible period. That in the meantime the Lords Commissioners of the Stephen, Esq. to Treasury will take into consideration the immediate difficulty, and direct an inquiry to be the Colonization Commissioners. 28 September 1840. made into the present financial circumstances, with the view of ascertaining whether steps can be taken to meet those difficulties, with a due attention to the public interests. Considering that such an inquiry maybe best made under the superintendence of a mem- ber of the Board of Treasury, it has been arranged that Mr. Parker should undertake that duty, with such assistance from that department as he may consider necessary. It is there- fore Lord John Russell's desire that you should hold yourselves in readiness to attend and comply with any requisition which Mr. Parker may address to you. In the meantime it will be proper that the holders of the bills drawn on you by Colonel Gawler should be informed that those bills cannot be accepted, and that no pledge can be given for the future acceptance or payment of them. I am. Sec. (signed) James Stephen. No. 70. J. Stephen, Esq. to R.Gordon,Esq. m.p. 5 October 1840. — No. 70. — Copy of a LETTER from J. Stephen, Esq., to Robert Gordon, Esq. M.P. Sir, Downing-street, 5 October 1840. With reference to former correspondence relative to the financial affairs of South Australia, I am directed by Lord John Russell to transmit to you, for the information of the Lords Commissioners of the Treasury, the enclosed copy of a letter from the South Australian, Commissioners, with copies of a letter addressed to them by the manager of the South Australian Company, and of their reply thereto. I am, &c. J. Stephen, South Australian Colonization Office, Sir, 9, Park-street, Westminster, 1 Oct. 1840. We have the honour to transmit to you, for the information of Lord John Russell, and as indicating the anxiety felt at this moment by parties interested in the colony of South Avistralia, the enclosed copy of a letter from the manager of the South Australian Company. We also enclose a copy of our reply. We have, &c. James Stephen, Esq. &c. &c. &c. (signed) Mobt. Torrens. T. Fred. Elliot. South Australian Company, 4, New Broad-street, London, Sir, 25 September 1840. I AM instructed by the directors of this company to respectfully represent to your Board the great anxiety with which they view the present state of the affairs of South Australia in England, threatening the most injurious consequences to South Australia itself, and seriously affecting the property of the numerous capitalists who have engaged in the esta- blishment of the colony. One of the principal sources of the past prosperity of South Australia has been the con- tinued supply of labour, meeting the demand for land, and yet tending to increase that demand ; and the immense purchases of land made during the last two years by the com- pany (as well as by private individuals) were made in firm reliance on the strict observance of the Act of Parliament, which specially enacts that the entire proceeds of monies arising from land shall be expended in the emigration of labourers. The directors view with much alarm the present suspension of emigration, at a season of the year particularly suitable for the despatch of ships, and at a time when no difficulty exists to procuring any number of qualified labourers— no emigration ship having sailed this month, and none being yet chartered for October. Understanding that a very large sum (reported as from 80,000 Z. to 90,000/., besides the balances of hire of ships still on their voyage) has not been expended in emigration, the directors respectfully solicit to know the reason of the present interruption of a [supply of labour. They beg to record their firm opinion, that the non-arrival of labourers will entail heavy increase of wages on every employer, and consequently a large diminution of profit, besides exciting great discontent in ihe colony, the land purchasers generally expecting a large influx of emigrants this year to SELECT COMMITTEE ON SOUTH AUSTRALIA. 109 to occupy their recent extensive purchases, in rehance on the fundamental principles of the No. 70. colony. J. Stephen, Esq.tc ?TI have fui'ther to observe, that the directors view with great apprehension the statements ^October i8,?o in the public papers of the financial difficulties of the revenue accounts, managed by the __' Commissioners, and they are much concerned at the known fact of several of the Governor's drafts having been protested for non-acceptance. The dishonour of those bills must expose the finances of the colony to heavy additional charge, from the usual damages of 20 per cent, on dishonoured bills, besides other expenses, while the public credit of the settlement has been so greatly damaged in the estimation of influential and monied people in England, that any needed loans must be obtained on advanced terms. Perceiving from the Commissioners' last Annual Report that nearly 1 20,000 1, of the loan authorized for the revenue fund had not been raised, the Board respectfully express their regret at the contraction of that loan having been postponed till August last, when the large amounts stated in the Report to Parliament as borrowed from the loan fund show that considerable sums would be required for the general expenditure of the colony. The directors would feel greatly obliged by an early communication from your Boards as to intended plans for "the speedy resumption of emigration, and for relieving the colony from its embarrassments, with any further information the Commissioners may be pleased to afford. The company's capital now employed in South Australia is about 300,000/.; con- sequently its uninterrupted success is of vital importance to the numerous shareholders, who participate with the directors in great uneasiness at the existing position of affairs. Property invested in the colony has commenced depreciating, from alarm at the present interruption to emigration, and other difficulties, now arising after a constant course of success ; and the Board are persuaded that further loss must accrue to all connected with South Australia, unless confidence be generally restored. The directors trust your Board will only attribute the present communication to the company's real anxiety for the general prosperity of the colony. I am, &c. J. Walcott, Esq. (signed) Edmund J. Wheeler. &c. &c. &c. South Australian Colonization Office, 9, Park-street, Westminster, Sir, 1 October 1840. I AM directed by the Colonization Commissioners for South Australia to acknowledge the receipt of your letter of the 25th ult., and to convey to you, in reply, their regret that circum- stances over which they have no control, and acts done in the colony without their autho- rity, have involved the finances of South Australia in embarrassments, which have rendered it necessary to apply upon the whole case to Her Majesty's Government, and that until the decision of the Government shall be received, the Commissioners cannot state what measures will be adopted for the future. As soon, however, as their reference to higher authority shall have led to any positive result, the Commissioners will have every reason to communicate it without delay to the com- pany, and to all parties interested in the colony. I am, &c. Edmund J. Wheeler, Esq. (signed) John Gliddon, Assistant Secretary. &c. &c. — No. 71.— To the Lords Commissioners of Her Majesty's Treasury. My Lords, On being informed of your Minute of 23d ult., I requested Mr. Litchfield, the clerk to No. the auditors of this department, to give me his assistance in conducting " the inquiry into the present financial circumstances of South Australia," which it is the wish of the Board that I should undertake. If I correctly understand the object of this inquiry, the Board wishes to be assured by one of its own members, before it takes into consideration the prayer of the South Australian Commissioners for an extraordinary aid, of the actual state of the finances of the colony both at home and abroad, and to satisfy itself by this preliminary investigation that the whole case has been fully and fairly brought before the Government. I conceive that I shall best execute the wishes of the Board by confining myself, as much as possible, to a verification of the several statements of the 26th Augu t, and the 11th and 17th September, addressed by the South Australian Commissioners to the Colonial-office. 0.21. 03 If no APPENDIX TO REPORT FROM No. 71. If the statements of the above-mentioned dates are borne out by the accounts, and it ' should be found that the calculations of the amount of aid required are founded on correct reasonino-s, the Board will at once be in a condition to apply itself, in conjunction with the Executive Government, to the consideration of the main question of relief; in dealing with which, your Lordships will, of course, combine general and national considerations with the responsibility attaching to the home Government from the wants of a single colony. In the course of this inquiry many important and novel questions will come before you, but none will require a more rigid and careful analysis than those facts and phenomena of the case which throw light upon the causes of this calamity, more especially if any progress be made in a solution of a point which will necessarily become most prominent; namely, whether the peculiar constitution of this colony is fairly chargeable with what has happened, or whether the mismanagement has proceeded from causes which may yet be corrected in the case of South Australia, and effectually guarded against hereafter in colonies founded by the public. Leaving, however, for the present, all further reference to such more extended consider- ations, I have to state that, having perused all the despatches on finance which have passed between the Commissioners and the colony, as the best means in my power of veri- fying the statement above mentioned, and having examined many other official documents in the possession of the Commissioners, I came to the conclusion, which, from the high character of the parties, the Board would naturally expect, viz., that the whole case had been fully and fairly laid before the Government, as far as the state of the colonial accounts has enabled the Commissioners to do so. I found the accounts of the commission kept in a business-like and creditable manner. The home treasurer's accounts have been rendered to the 31st December 1839, and have been audited by the Commissioners for auditing public accounts up to 31 December 1838, and found to correspond with the printed accounts attached to the reports of the South Australian Commissioners. Besides the treasurer's accounts presented for audit, books of account in double entry on approved mercantile principles are kept at the oflSce of the Commissioners, detailing every pecuniary transaction in that country ; and it is the opinion of Mr. Litchfield, in which I entirely concur, that no necessity exists for testing them by methods known amongst accountants ; it being quite clear to that gentleman, from the inspection he was enabled, to give, that they were bond fide honest accounts, and kept too with more than usual precision and ability. The very contrary of this is the case with the colonial accounts. It is very questionable whether any of a satisfactory nature were ever kept during the early part of the existence of the colony, and it is quite certain that none such were ever rendered until a very recent period, although an expenditure far larger than the income of the colony was going on, in public buildings, in a very extensive survey of lands, and in an increase of the salaries of public officers. Mr. Fisher, the first colonial treasurer, unfortunately set the example of these irregular proceedings, and at length, upon an inquiry being instituted, was removed under circum- stances of such grave suspicion, that had he possessed any property, legal measures would have been adopted to recover the sums for which he had rendered no account. Mr. Fisher was succeeded by Mr. Gillies, who appears to have been also most irregular, but from the original connexion of this latter gentleman with the promoters of the colony, and certain alleged services rendered by him in its formation, there was a great indisposition on the part of the governor, Colonel Gawler, to remove him, which indisposition seems fully to have been felt by the commissioners at home. It is, however, but fair to the late treasurer, Mr. Gillies, to add, that his deficiencies were those of bad method and mcapacity, without any mixture of appearances indicating moral irregularity. , It resulted naturally enough from such unfortunate appoiutments, that until the selection of Mr. J. A. Jackson, the present colonial treasurer, no accounts have been forthcoming. Mr. Fisher had always been unwilling, and Mr. GiUies had always been unable, to produce them ; and the Commissioners at this moment have none in their possession except those for the quarter ending 31st December 1839, and have had these latter for so short a period' that they have not yet been submitted to the auditors of public accounts in this country It IS not for me to call the attention of the Board at any greater length to this most dan- gerous laxity in the early admimstrative history of the colony. It is true that the Commis- sioners were constantly calling on the governor for the production of these accounts, and the governor doubtless conveyed such directions to his department ; but in spite of this, the treasurer IS retained m his situation long after his inefficiency was manifest, and the evil kept progressively mcreasmg, till any hope of past accounts seemed altogether out of the question. ° With these observations on the state in which I found the accounts of the commission and of the colony, and leaving entirely for the Board to accord such indulgence for these irregularities as may appear just and fair under the want of public offices, and in the AustTali^a existence, I proceed to the existing state of the finances of South ^* ftlTJ}^^ *^^ '^"^""'^^ '■^^^'"'^' ^"''°g ^™"^ t^'^es' fees, customs, &c., does not exceed 20,000 1, a year. ' ' This fund is to pay the expenses in the colony and of the Commissioners in this country, except those immediately connected with the transport of settlers, which are chargeable on the emigration fund. ' ° But SELECT COMMITTEE ON SOUTH AUSTRALIA. m But as it could not be expected that any new colonial establishment could be self-sus- No. 71. tained by current revenue at the time its income was the lowest and its expenditure the . highest, the Commissioners had always in contemplation to have recourse to loans, by means of which the temporary deficit would be supplied. With this view they were empowered by the Act of Parliament, namely, the 4 & 5 Will. 4, c. 90, and 1 & 2 Vict, c. 60, to borrow 200,000/. on the credit of the South Australian revenue securities, and also 50,000 Z. on the credit of the South Australian land securities. Accordingly, in July last your Lordships' Board sanctioned a loan, on the recommendation of the Colonial-ofRce, for that portion of the above-mentioned sum of 200,000 /. of which the Commissioners had not yet availed themselves, viz. a sum of 120,000 Z. It was expected by the Commissioners, that, with the aid of this sum, they would have been able to extricate themselves from the difficulties with which they gradually found themselves surrounded ; but from the tone of recent advices from the colony, by which it appeared that the expen- diture was going on at such a rate as to render the sum so authorized by your Lordships entirely inadequate for their relief, the Commissioners were compelled to abandon their project under the above-named Acts of Parliament, and had no alternative but to submit the whole financial condition of the colony, as appears in the statements of August and September, to the Executive Government. It appears that the expenditure at the date of these statements, and most probably up to the present time, cannot be calculated at less than 140,000 /. per annum, the revenue being, as before stated, not much above 20,000 Z. It is no part of the duty imposed upon me by the Board to examine the wisdom or need- fulness of this expenditure. It has been incurred for the most part in objects of themselves fit and proper in a new colonial experiment ; whether upon the whole with judgment, the absence of sufficient accounts disables an immediate opinion, but certainly without a suffi- cient regard to economy. These expenses, however, to a greater or less degree, at an earlier or later period, must have been incurred, whether the colony was governed directly by the Crown or in this mixed method, half Parliamentary, half independent, in which it was con- stituted ; such, for instance, are the expenses for police, for public justice, for piers and incipient harbours, and other works of primary importance. Such, to a certain extent, may be said of the expenses incurred in a house for the governor ; such, more than all, is the case with the expenses of land surveys, more especially from its being part of the system of this colony to accelerate the period of occupation by the purchasers of colonial lands. These points are brought before the Board in order that, when it comes to the considera- tion of an extraordinary aid, if it should appear that the revenue is not insignificant com- pared with Crown establishments of equal duration and extent, and that the expenditure, although excessive in amount and ill-regulated in respect to administrative checks, in the main has been applied to useful and necessary objects, the Board will consider its relative charge compared with colonies of the Crown, and, putting its entire financial history in con- trast with that of modern colonies, will be able to say whether it has so surpassed them in expense, and is so beneath them in promise for the future, as to disentitle it to the interpo- sition of the Government. Persons who favour the colony will argue that a large debt being" contemplated by its projectors, its real position as to intrinsic solvency is not changed by the nature of the present incumbrances. That if the Commissioners had been able to have raised a loan, the simple contract debts would have been regularly paid, the sums now due to the emigration fund would have been discharged, the same being constantly re-applied to the conveyance of new settlers, and that thus the prosperity of the colony would have been maintained, according to the views of its projectors, by a regular flow of constant immigration. Without giving more than its due weight to this mode of argument, the Board must come back again to the point from which I started ; namely, whether upon the whole the colony of South Australia, considering its revenue already realized, its large population, its recent hold upon the opinion and good wishes of those portions of the public most concerned in emigration, can be allowed to become discredited to the extent which now appears inevitable, unless the Treasury provides for its engagements until Parliament meets. With these remarks, I proceed to the accounts of the colony ; and it was my wish, had their state put it in my power, to have furnished the Board in a simple form, according to the usage of the Treasury at home, with tables of the Debt : Expenditure at Home. Ditto - Abroad. Revenue in the Colony. Interest or Investment. made out for one or two years, or indeed up to the most recent period ; but unfortunately the defective system of accounts in the colony has rendered this impracticable. In the absence of tables of such simplicity, I have caused others to be prepared by the accomptant of the Commissioners, which, although not free from complication, will, I believe, 0.21. o 4 bring 112 APPENDIX TO REPORT FROM No 71 bring before the Board all that is necessary for the purposes of this i'^^'^i'-I/Z^^f. i^J;^ ' event of its requiring more detailed information, either m form or substance, Mr. Litchfield S immediatXalply himself, in conjunction with the officers of the Commissioners, ta furnish the Board 4ith whatever it may be its further pleasure to require. Table 1 gives a general view of the obligations and assets of the colony. It is drawn up, in a compS form, but when taken in a conjunction with Tables 2 and 3, will be useful to the Board. . Your Lordships will bear in mind that Parliament has authorized two funds to be raised,, called he "Revenue Fund," and the " Emigration Fund." The latter was appropriated exclu- sively to the expenses attendant upon emigrants, but by a subsequent statute the Conimis- 2s were empowered, within certain limits, to borrow from it for the temporary assistance of the other. The consequence has been, that in proportion as the difficulties of the colony increased, the emigration fund has been turned from its original purposes, and a very large Sonof the debt now owing by the Commissioners consists of the sunis due from the ?ev nue tolhe emJgrZn fund'; a'debt the greater part of which they-e bound by statute to discharge within the current year of its creation, and on the hquidation of which, so that a sufficient sum may be constantly applied to the carrymg out new settlers, the success of this novel scheme of colonization most materially depends. The existence of two such funds entails the necessity of distinct accounts, and of course produces complication. Table 2 contains in detail a list of the claimants in England upon the colony of South Australia, and summaries are appended, showing the several classes of the claimants. The sum claimed or about to be claimed in June 1841, by these parties, amounts to 312 067/ lis. 8d. This sum includes all the bills which have arrived, whether accepted or nonlaccepted. It includes also others supposed to have been drawn in the colony previous to the receipt of the despatches, which prohibited further drawing. The estimates in Table 2 go on the assumption that the expenditure of the colony up to the 30th of June 1841, will continue at the rate stated in the memorials already submitted ta Lord John Russell. This prospective expenditure is represented in bills to the amount of 90,000 1, supposed to be drawn from the colony, and will make the entire debt. 402,067/. 11«. Sd. In Paper 3 the Board will find a distinct statement of the monies now due, or shortly becoming due, in England ; viz. — 139,476/. 9s. Id. This is the sum without which it would be impossible for the Commissioners to carry ott their engagements. It does not include the very large sum due from the revenue fund to the emigration fund, and its liquidation would not of itself place the power ot making new engagements and incurring fresh expenses for the conveyance of settlers, within the reach, of the Commissioners. It may include, but I cannot affirm that it does include, the 15,000/. recently lent by the Bank of Australia to the governor, to enable him to discharge the. quarter's salaries, &c., ending 31st December 1839. The inclusion, on the contrary, of this last-mentioned sum of 15,000/. must depend upon the course taken by Colonel Gawler for its liquidation. It may be represented in bills, some of which, or even all of which, are already drawn, and, if so, will not swell the calculation; on the other hand, it may still continue a debt due to the bank, and, if so, will hereafter be represented in bills over and above the calculations. There may also be yet other claims over and above the estimates submitted to Lord John Russell. By Circular, dated August 22, 1837, the Commissioners authorized the following persons to act as agents for the purchase of stores or raising money : — The South Australian Company at Adelaide ; Messrs. Montefiore, Furtado & Co., Hobart Town; Messrs. Monte^ fiore, Ballass & Co., Sydney ; and the Austrahan Banking Company. Neither party were in any one year (see page 13, of the Commissioner's 3d Report) to exceed the sum of 3,000 /., although the Bank of Australasia seems already to have reached their prescribed limit. On the 24th September last, a bill was presented to the Commis- sioners for 3,000 /. in favour of the Bank of Australasia, and was refused acceptance. This specific bill is included in the estimate submitted to your Lordships, but others may have been drawn, and still more may be drawn, before the prohibition reaches Colonel Gawler ; a,nd- with regard to this class of bills, the refusal of acceptance may be subject to more question on the score of bad faith than can be said of those drawn by the Governor alone ; inasmuch as they are drawn under an authority conveyed in a formal circular, and, so far as I am informed, no notice to the contrary or countermand has yet been served upon the parties^ In addition to these several heads of debt, the Board will learn without surprise that the usual consequences of an expenditure to be provided for by bills, have already manifested themselves, and that serious alarms are entertained from the disturbance of the exchanges. The Governor, Colonel Gawler, has attempted to grapple with these difficulties, by negotiating, at considerable expense, an importation of 5,000 /, in silver from Sydney ; but 1 need not argue before your Lordships that the effect of this importation can at the most be merely temporary, and, if unaccompanied by a reduction of expenditure, will give no permanent stability to the monetary condition of the colony. Upon SELECT COMMITTEE ON SOUTH AUSTRALIA. 113 Upon a survey of the whole case, the Board will now see that there is no hope of extri-r j^q, -i_ eating the colony of South Australia from 'its present difficulties except by advances, very large in amount, out of the public purse, or by the guarantee of a loan, as proposed by Colonel Torrens in a private memorandum submitted to the Colonial Office, bearing date the 2d of November. If it should be found that the colony has been judiciously selected in point of site ; that its expenditure, though large, has not materially exceeded the scale of the Crown settlements, however much the Board may deprecate a liability to provide out of the public purse for embarrassments in establishments for which the executive government is not responsible, it will be difficult to withhold such temporary aid as may enable the commissioners to escape discredit till Parliament has finally settled the future destinies of the colony; and should it even turn out that neither in point of selection of site or in past expenditure the colonial administration has been defensible, it will still be difficult to permit the abandonment of a settlement which already numbers, according to the report of the South Australian Com- missioners, from 10,000 to 15,000 settlers. An abandonment of so large a community of British subjects, who, with the knowledge and consent, if not with the co-operation of the Crown, have been parties to the creation of this settlement, would not only be harsh to the individuals themselves, but its effect would be felt far and wide throughout our colonial empire. It would give a shock to the rising habits of emigration amongst the people of these realms, and destroy the confidence of the labouring population and of capitalists, not only in under- takings analogous to that of South Australia, but even in cases where colonization may be carried on under the direct authority and sanction of the Crown. Amidst much that is unsatisfactory in these proceedings, the Board will see with pleasure that considerable progress has been made in the land surveys. Colonel Gawler seems to be aware that his expenditure on this head will be objected to as excessive, and to meet such objections he lays great stress in his despatches on the diffi- culties of transit, the high price of provisions, and the tending of all these charges to increase in an accelerated ratio as the surveyors get further from their supplies. But whatever may have been the policy of doing so much at first, the cessation of demand for land must now render any continuance of the same scale of expenditure for the present quite superfluous ; and it is to be hoped that so much has been done in advance, that, upon a resumption of activity in the sale of land, a more moderate outlay will enable the surveyors to keep pace with the demand. I submit therefore the unappropriated surveys are of the nature of assets in the colony, although I have not attempted, nor have I the means of giving them a money value. In respect to money, the assets at the disposal of the commissioners, as appears by the papers referred to, are almost exhausted, and would have been exhausted' some time ago had they not refused to pay their current debts, and reserved the entire monies at their disposal to meet their outstanding acceptances. It is true that 15,000 I., the remaining portion of the original security fund, still continues in deposit, and no doubt this sum may be set off against an equivalent amount of debt ; but as it is still possible that the present or future governors may draw directly upon your Lord- ships, however unauthorized so to do, it cannot be expected that the Treasury will consent to deprive Her Majesty's Government of the only means in their power of indemnity against such drawing in the colony. The Board has now before it all the facts connected with the financial affairs of South Australia at which I have been able to arrive. The statements made by the commissioners to the Colonial Office I believe to be substan- tially correct, and their anticipation of much discredit to the colony, unless Government interposes, is, I fear, but too well founded. In discharging the duty imposed upon me by the Board, I have of course abstained from any remarks on the general administration of the colony. To have the statements of the commissioners to the Colonial Office duly verified, so as to justify your Lordships, as the holders of the public purse, in entertaining an application for extraordinary aid, was, I apprehend, the only object of the Board in devolving upon one of its. members an inquiry of this nature, and if, in a very slight degree, I have submitted occasional observations of a more general character to your Lordships, my excuse must be found in the strong desire I felt to give the applicants the advantage of every argument which could tend to extricate the colony from its present critical position, and to justify the Board of Treasury in extend- ing such temporary aid as the executive government may think expedient for the relief of parties who have embarked their lives and fortunes in such great numbers, and with so much national enterprise in this interesting settlement. Treasury Chambers, 15 Oct. 1840. (signed) J. Parker. 0.21. 114 APPENDIX TO REPORT FROM THE No. 71- Emigkation Fund. Colonial Treasury Land Banking account Ditto - - ditto - - sum withdrawn by him Emigration Fund, as per balance - - .. _ French owner of the William Hutt, freight - - - Mary and Jane, owners ----__ Cotter, surgeon, advance ------ Malpas - - ditto ------- Colonial Treasurer - - - - £. 2,461 19 1 Salaries - - . _ 915 _ 2 £. s. d. 19,240 3 1 79 13 - 662 16 - 25 - - 8 - - 1,546 18 11 Balance in favour of the Emigrant Fund - £. £. s. d. 115,266 - - 6,000 - - 121,266 - 21,562 11 - 99,703 9 - I assume that the sales of land at Adelaide, since the period to which the last account is brought, may equal the payments to surgeons per emigrant ships, and other matters ncidental to purposes of emigration not included in this statement. Sales of land since June Balance, as above s. d. Emigration Expenditure since 30th June not paid ; viz Passengers' money ----__ Incidental expenses, agency, &c. say - - _ , Estimated Balance in favour of Emigration Fund 11,404 18 11 1,095 1 1 - £. £. s. d. 5,040 - - 99,703 9 - 104,743 9 ^ 12,500 - - 92,243 9 - Revenue Fund, as per balance Colonial Treasurer for bills - — Officers' salaries - — Surveyors Rapid - - - Revenue Fund. £.14,003 7 11 8,820 19 10 599 17 10 Security Fund, as per balance - - _ Owing to the Government for Buffalo, &c. Ditto - - - - - - Security Fund bundnes smce 30th June (Home), say - Ditto - ditto - (Colonial) I I £. s. d. 6,000 6,000 3,000 2,000 £. £. Carried forward £. s. d. 88,897 14 5 57,962 16 3 146,860 10 8 20,000 - - 166,860 10 8 15,000 181,860 1,0 8 SELECT COMMITTEE ON SOUTH AUSTRALIA. 115 Brought forward -------- Amounts of bills presented, but not accepted - - - _ - Ditto - ditto - drawn, but not yet presented, say 22 bills, at 300 1. Ditto - of redemption of 6 per cent, bonds beyond the sums actually received - -_______-. Bills accepted since 30th June -------- Supposed consumption of emigration stores ------ £. The above account does not include the increase of colonial salaries, &c. &c. not authorized, excepting as they are admitted to be paid by the bills drawn. Assuming that the bills which may have been drawn from the colony subsequent to those above stated, and previous to the resident com- missioner receiving the despatches which informed him that his bills would not be accepted, say for seven months as per last, seven months _------__-_ £. £. s. d. 181,860 10 8 12,478 6 - 6,600 - - 7,188 - - 10,200 10 7 12,149 12 10 230,477 - 1 60,000 - - 290,477 No. 71. Revenue Fund. Amount of 10 per cent, bonds - - - - - Ditto - interest thereon - . - - _ Amount of 6 per cent, bonds - - _ - _ Ditto - interest thereon - - - - _ Cash overdrawn ------- Loan from Emigration Fund, for payment of interest on bonds --------~ Loan from Emigration Fund, for general purposes Supposed consumption of provisions by the surveying staff, &c., the said provisions having been paid for by the Emigration Fund ------ Due at 30th June - - - Paid since - _ - . _ . Total due to the Emigration Fund Bills accepted to 30th June not paid - - - - Ditto - ditto, since 30th June - - - _ Ditto - presented, which are not accepted Owing to the Government ------ Ditto - Security Fund ------ Sundries, Home and Colonial, since 30th June, including interest on bonds, say ------ £. d. 22,787 - 7 22,535 5 - 18,415 7 - 12,149 12 10 75,887 5 5 28,017 - 9 103,904 6 2 6,000 - - 5,000 - - 5,000 - - Bills which may be presented for acceptance, being drawn as by members in the colony, 22 bills, say -------- Bills drawn subsequent to the above, and before the receipt of despatches from the commissioners --------- Redemption of annuity bonds beyond the sum received - - - - Sundries ------------ f. X. s. a. 39,000 - - 1,889 14 6 39,612 - - 1,288 J 2 1 75,887 5 5 19,853 19 1 10,200 10 7 12,478 6 - 15,000 - - 6,600 - - 60,000 - - 7,188> - - 1,478 12 5 290,477 - 1 0,'ZI. P li6 APPENDIX TO REPORT FROM THE No. 71, A Statement of Claims upon the Colonization Commissioners for South Australia, which are now unpaid, and also an Estimate of other Claims which may be made upon them, to the 30th June 1841. CLAIMANTS. The ship Anna Robertson, for passage-money — Appolline - - - ditto — Buffalo, H.M. - ditto - — Baboo - - - - ditto — Birman - - - _ ditto — Brightman - - - ditto — Cygnet - - - - ditto — Catherine Jamieson, ditto — City of London - ditto — Charles Kerr - - ditto — Delhi - - - _ ditto — Dauntless - - - ditto — Diadem - - - - ditto — Eliza - - - - ditto — Fairfield (first voyage) ditto ■ — Ditto (second ditto), ditto — Fairlie , - - . ditto - — Georgiana - - - ditto — Helen Thompson - ditto Isabella - - - - ditto ■ — Indus - - _ - ditto — John - - - _ ditto — Java - - - . . ditto - — India - - - _ ditto — Lysander (first voyage) ditto — Ditto (second ditto) ditto — Lady Lilford - - ditto — Lalla Rookh - - ditto — Morley - - - _ ditto - — MaryDugdale - ditto - — Orleana - - _ _ ditto — Orissa - - . . ditto - — Platina - - _ _ ditto — Porter - - _ . ditto - — Rajasthan - - - ditto — Royal Admiral - ditto Sir Charles Forbes, ditto — Tam O'Shanter - ditto - — Thirteen - - _ ditto — Tomatin - - - _ ditto — Trusty - - - _ ditto - — Warrior - - . . ditto - — Waterloo - - . ditto - — William Mitchell - ditto - — William Nicoll - ditto - Adamson & Co., for agency - Addison, colonial stores Alger, agency and disbursements Payable from the Revenue Fund. £. s. d. 6,000 - - 18 - - 19 15 - 108 - - 9 - 56 14 39 8 17 - 77 - 68 5 37 13 - 168 - - 96 5 - 75 10 - 25 10 - 27 - - 36 - - 17 19 6 19 15 - 27 - - 38 18 - 9 - - 27 - - 16 17 6 134 16 - 87 15 - 3,198 1 4 6 - _ Angas, ditto - Arrowsmith, books Bagot, Captain, agency Bernard, Dr. - ditto Capper & Gole, ditto - Clowes & Sons, printing Curtis, agency - Davenport, ditto Denyer - ditto Duckham, ditto Elliot, Lewes, ditto Elliott, Chichester, ditto 40 3 2 2- Emigration Fund. £• s. d. 237 1 8 152 - - 1,250 3,299 2,088 66 34 65 1,373 831 555 1,167 1,103 416 1,494 2,035 133 256 36 127 1,065 2,909 114 1,172 1,363 918 687 1,314 1,420 1,617 601 43 9 930 1,348 832 11 - 10 - 10 - 6 - 16 8 4 - 10 - 1 11 7 11 12 - 10 - 10 - 3 7 16 8 17 10 14 4 10 - 7 1 15 - 15 - 1 6 18 8 10, 8 4 4 13 4 351 986 34 609 1,388 946 1,405 10 - 7 6 11 8 3 9 17 11 10 10 38,794 - 10 21 - - 206 16 8 4 - - 78 - - 215 18 8 38 - - 2 - — 6 15 - 73 10 - 163 7 6 84 5 - 65 15 - SELECT COMMITTEE ON SOUTH AUSTRALIA. 117 CLAIMANTS. Fisher, books ------- Flood, furniture ------- Feaston, agency ------- Geake, ditto - - - - - - Garforth, ditto ------- Half hide, furniture ------ Hansard, books ------- Harrison, agency __.--- Harvey, - ditto ------- Haycroft, ditto ------- Hill, - - ditto - - Hollasworth, ditto ------ Holt, - - ditto - - - - - Home establishment, revenue, salaries - - - Home establishment, emigration, ditto - - - Hammond, furniture ------ Hughlings, agency ------ Horsey, - ditto ------ Huthnance, ditto ------ Jacob, - ditto ------ Jennings,- ditto ------ Just, - - ditto ------ Lattimer, - ditto ------ liear, - - ditto ------ Lovejoy, - ditto - - - - , - MacNiven, ditto ------ Martin, printing ------- Mears, maintenance of emigrants - - - Morris, agency ------- Noble,- ditto Pearson, rent ------- Peirce, agency ------- Rae, - ditto ------- Reid, - ditto, &c. ------ Reynolds, ditto ------- Ritiierdon, surveying of shipping - - - - Roberts, agency ------- Ross, - ditto ------- Rowley, ditto ------- St. Martin's-in-the-Fields, parish of, taxes - Sargent, agency ------- Seamien's Asylum, monthly pay from officers and seamen of the brig Rapid - - - - Souter, books ------ Spicer, agency ------- Taylor, ditto ------- Thorngate, ditto, and commission on sale of land - Tinkler & Hancock, agency - - - - - Ttussell, - - - ditto Watson, - - - ditto - - - - - Whiting, - - - ditto - - - - - Amount of Loan from the Emigration Fund, for pay- ment of Interest, &c. on Revenue Bonds - Ditto - - - - ditto - - - Bills, &c. Amount of 10 Z. per cent. Revenue Bonds Ditto - 6/. - - ditto - - - - Amount taken from the Security Fund, which should be re-invested - - - - - Supposed amount due to the Emigration Fund for provisions supplied to the surveyors, &c. from the stores which were sent to the colony with the first expedition, and which were paid for from the Emigration Fund - Total of the present Debt in England - £. Payable from the No. 71. Revenue Fund. £. s. d. - 15 - - 12 - 1 15 - - 10 11 483 15 - 132 19 9 16- 75 - - 9 9 5 5 3 8 6,956 13 1 25,889 5 - 71,951 3 10 39,000 - - 46,800 - - 5,000 - - 12,000 - - 207,597 1 11 Emigration Fund. £. s. d. 7 12 6 2 - - 4 - — 4 10 27 - — 29 7 6 23 - - 17 15 — 7 17 6 182 10 29 10 - 19 10 — 6 - — 24 17 6 7 2 6 4 - — 88 17 % 24 - — 2 - — 6 - - 68 2 _ 11 10 — 6 - - 2 - -. 27 10 — 130 - 10 2 10 — 159 7 8 64 5 _ 53 15 _ 21 - _ - 15 - 18 3 7 - 49 10 10 - 4 - 12 - 42 - 100 2 6 41,050 9 & 41,050 9 9 0.21. P^ 118 APPENDIX TO REPORT FROM THE No. 71. A Summary of the preceding Statement, and an Estimate of Claims which may- be made upon the Commissioners, to the 30th June 1841. Revenue Fund. Total of claims for passage-money ------- Ditto - ditto for salaries, rent and sundries ----- - Ditto - loan from the Emigration Fund for payment of interest, &c. on bonds ^__ ._---_ Total of loan from the Emigration Fund, for payment of bills, &c.* - Supposed amount due to the Emigration Fund, for provisions supplied to the surveyors, &c. from the stores which were sent to the colony with the first expedition, and which were paid for from the Emigra- tion Fund ----------- Amount taken from the Security Fund, and which is to be re-invested - Total of Ten per cent. Revenue Bonds ------ Ditto - Six per cent. - ditto --_--,_- Total of the present Debt in England - - - £. Amount of interest on bonds to the loth July 1841, a moiety of which is payable on the 15th January 1841, and the remainder on 15th July 1841 - T Supposed expenditure for the home service, to the 30th June 1841, for salaries, rent, &c., as at the present time _ - - _ _ Amount withdrawn by the colonial treasurer from the Emigration Fund in the colony, and which is supposed to have been applied to pur- poses which should be paid for from the Revenue Fund - - - Total of bills drawn from the colony, which have been presented to the Commissioners and refused acceptance ------ Supposed amount of bills drawn from the colony to this date, in addi- tion to the above, but which have not been yet presented for accept- ance, and assuming that the Resident Commissioner has received the despatches which further interdict the further drawing of bills upon the Commissioners _-_ ---._ Supposed amount of bills which would have been drawn from the colony to the 30th June 1841, in addition to the preceding, assuming, as stated in the despatches from the colony, that the expenditure is 140,000 l. per annum, and the revenue 20,000 l, say, for nine months -- -----__ Total of the above, being the amount of Debt which"! ^^ will be due from the Colony on SOtTi June 1841 -J ' ** * The total amount of bills drawn from the colony, which the Commissioners have accepted and paid from the Revenue Fund is 93,961/. I6s. 9d. ' Emigration Fund. Amount of loan to the Revenue Fund, for payment of interest &c bonds ------- > •> on Amount of loan to the Revenue Fund, for payment of bills, &c - Supposed amount due from the Revenue Fund, for provisions &c supphed from the emigration stores in the colony, to the surveying Amount withdrawn by the colonial treasurer from the Emigration Fund in the colony, and supposed to have been applied to purposes which should be paid from the Revenue Fund - - 1 . _ Total Amount supposed to be now due from the Revenue Fund - £. Balance in the Bank of the South Australian Company at Adelaide ontheSlst January 1840, which is supposed to be proceeds of sales 01 public land -----._._ £. s. d. 6,198 1 4 758 11 9 25,889 5 -. 71,951 3 10 12,000 -: - 5,000 - - 39,000 - - 46,800 - - 207,597 1 11 6,708 - - 2,000 - - 216,305 1 11. 15,500 - ~ 15,262 9 9 65,000 - -^ 90,000 - - 402,067 11 8 £. s. d. 25,889 5 - 71,951 3 10 12,000 - - 15,500 - - 125,340 8 10 9,355 9 1 SELECT COMMITTEE ON SOUTH AUSTRALIA. "9 Balance in the hands of the treasurer, in England, after payment of all bills which have been accepted _._-__ Exchequer bills in the hands of the treasurer, in England, exclusive of interest, &c. ---_---_.- Total of the above - - - £. £. 38,794 - 10 2,256 8 11 Total of the above - ■ Total claims of passage-money _ _ - _ Total of claims for agency, and expenses incidental to emigration ------- -Supposed expenditure for salaries of officers and for incidents to 30th June 1841, exclusive of passage- money and other expenses by future ships - £.41,050 9 9 600 - - Total of Claims on the Emigration Fund\ to the 30th June 1841 - - -J £. 41,650 9 9 When the above stated Loans are repaid, there will be,~| for purposes of Emigration, a Fund amounting to ^ £. the sum of --------J £. s. d. 101 3 3 3,000 - - 137,797 1 2 41,650 9 9 96,146 11 5 5 October 1840. (signed) Joseph Jackson, Accountant. Claims in England against the Colony. REVENUE. EMIGRATION. Passage-money - - — - - - . - Salaries, rent, and sundries - - - - - Amount to be re-invested in the Security Fund Interest on bonds, 16th January 1841 - £. s. d. 6,198 1 4 758 11 9 5,000 - - 3,354 - - £. s. d. 38,794 - 10 2,256 8 11 £. 15,310 13 1 41,050 9 9 15,310 13 1 £. 101 3 3 3,000 - - Balance in the hands of treasurer - - - - Exchequer bills - - - ditto - - - - 56,361 2 10 3,101 3 3 £. 15,262 9 9 65,000 - - 2,000 - - 600 - - 3,354 - - Bills presented but not accepted - - - - Bills supposed to be now drawn, but not yet pre- sented -------- Salaries, rent, &c. to 30th June 1841 Ditto, ditto, Emigration services - - - - Interest on bonds, in July 1841 - - - - 63,259 19 7 £. 86,216 9 9 86,216 9 9 £. 139,476 9 4 The sum which will be required to pay the present claims upon the Commissioners, in addition to the cash and Exchequer bills in hand, (£. 3,101. 3 s. 3 d.) is The interest due in January 1841, on the bonds, is - Supposed expenses of the office, to June 1841 - - - - _ Interest due in July 1841, on the bonds ---.__ 49,906 19 7 3,354 - - 2,600 - - 3,354 - - £. Bills presented to the Commissioners which are not accepted Bills supposed to be now drawn, but not presented - - - - 59,213 19 7 15,262 9 9 65,000 - - £. 139,476 9 4 No. 71. 0.21. i>4 120 APPENDIX TO REPORT FROM THE No. 72.— No. 72. Robert Gordon, Esq. M.p. to J. Stephen, Esq. 4 Novemberi840, Copt of a LETTER from Robert Gordon, Esq., m.p. to J. Stephen, Esq, Sjj. Treasury Chambers, 4 November 1840. Having laid before the Lords Commissioners of Her Majesty's Treasury your letter; dated 5th ultimo, transmitting copy of one from the South Australian Commissioners, with the accompanying documents relative to the financial affairs of that colony, I am commanded by their Lordships to transmit to you copy of their Minute, dated 3d instant, thereon, in order that it may be submitted to Lord John Russell, and I am to request that in so doing you will state, that if Lord John Russell concurs in the views of this Board in regard to the limitations and conditions on which the guarantee and assistance therein contemplated should be given to the South Australian Colonization Commissioners, my Lords have to suggest that a communication of the intentions of Her Majesty's Government should be made to the commissioners, and that they should be authorized to make known to persons who may be willing to contract for the further loan, the nature of the guararitee my Lords are prepared to give. At the same time you will further observe to his Lordship, that in contemplation of the proposed Parhamentary inquiry and investigation, my Lords have forborne from making any observation on the causes or proceedings which may have produced the state of embar- rassment in which the finances of South Australia have been found, or on the apparent dis- crepancy between the results which have now transpired and the tone of the last report which emanated from the late South Australian Commission. I have, &c. (signed) R. Gordon. , Extract from Treasury Minute, dated 3 November .1840, My Lords have before them the Report of Mr. Parker on the documents relating to the financial embarrassments of the colony of South Australia, which were referred to him bj^ their Minute of 24th ultimo, and resume the consideration of the several communications from the Secretary of State's Department, of 1 1th, 14th and 21st September, on this subject,, and of the representations from the present Board of South Australian Colonization Com- missioners therein submitted to them. My Lords also read a further letter from Mr. Stephen, of 5th October, forwarding to them copies of a letter from'the Colonization Commissioners, of 1st October, and of a representa- tion therein submitted to Lord John Russell from the manager of the South Australian^ Company, respecting the inconvenience and loss to which the purchasers of land in the colony would be subjected by the non-transmission of a further number of emigrant labourers during the present year. My Lords also refer to the sanction given by their Minute of 17th July last, for the nego- tiation by the Colonization Commissioners of a loan to the extent of 120,000 Z. under the powers vested in them by the 18th clause of the Act of 4 & 5 Will, 4, c, 95. My Lords observe, that the Colonization Commissioners, in their letter to Mr. Stephen, of 26th August, had represented that they had reason to believe that bills had been drawn on the commission by the officer in charge of the government of South Australia to an amount which the loan above mentioned would be insufficient to meet, in addition to the other demands on them, under contracts and engagements already entered into on account of the colony in this country. And the commissioners farther submitted that, under these circumstances, they felt precluded from entering into any treaty for the loan without giving such notice to parties who might be willing to contract for it of the financial embarrassments of the commission, as would unquestionably deter them from advancing money on the- credit of the colony, and they stated, that feeling no doubt that it would be the desire of Her Majesty's Government to afford them every guidance and support.in difficulties fraught with so much importance to the future destinies of the colony, they applied, in the first place,, for immediate directions as to the course it would be proper to adopt upon the bills offered, for acceptance, and likewise for any suggestions with which it might be deemed right .to favour them on the subject of the loan. My Lords also observe, that in bringing these representations of the commissioners under the consideration of their Board, Lord John Russell signified his opinion that it would be necessary that the whole subject should be submitted to a Parlia- mentary inquiry as soon as Parhament should meet, with a view to- an investigation. of the state and prospects of the finances of South Austraha, and into the origin of the existing financial embarrassments of the settlement, and the proper course to be SELECT COMMITTEE ON SOUTH AUSTRALIA. 121 Toe taken for relieving them, and arresting their further progress, and for placing the revenue No. 72. and expenditure on a secure and proper footing. His Lordship, however, further suggested Robert Gordon, that it vyould be expedient that the immediate diflSculties of the colony should be consi- ^^1- **• ^- ^° dered, with the view of ascertaining whether some steps may not be taken, with a due atten- J* Stephen, Esq. tion to the public interest and security, to meet the pressing emergency of the case until the * November 1 840. whole question can be brought before Parliament, and that in the mean time the holders of '"' ' the bills drawn on the commissioners should be informed that no pledge could be given for the acceptance or payment of them, but that the most peremptory instructions should be addressed to the governor to make preparations for confining the public expenditure of South Australia within the limits of the local revenue, and that it should be informed that the bills he may in future draw, unless under previous specific authority from this country, will not be accepted. My Lords further observe, that in pursuance of the reference made by their minute of 24th September, Mr. Parker having inspected the books and accounts of the Colonization Com- missioners and their treasurer in this country, and having found them to be in every respect regularly kept, and satisfied himself that there are no grounds for doubting their accuracy, has submitted statements deduced from those books, and from such estimates as the very imperfect accounts and information which have been received from the governor or other financial oflBcers in South Australia have enabled the commissioners to furnish, of the debts and liabilities on account of each of the distinct funds, which are entrusted by the Act under which the colony was established to the management of the commission. From these state- ments it appears, that a very considerable amount received by the late South Australian Colonization Commissioners, on account of the emigration fund of the settlement, is yet unapplied to this purpose ; but that, in consequence of the very large advances made by the late commissioners from the emigration fund, for the service of the revenue fund, under the provi- sions of the Act of 1 & 2 Vict. c. 60, and which at the close of the past year were left unli- quidated to an amount very greatly exceeding the limit prescribed by that Act, the present commissioners are not only prevented from taking measures for the transmission of further bodies of emigrant labourers to the settlement, but are likewise wholly unprovided with the means of meeting the payments already applied for, or about to become due under existing contracts relating to this branch of the service, of which the direction has been vested in them by Parliament. It also appears, that notwithstanding these large advances from the emigra- tion fund, the revenue fund is quite inadequate to meet bills which have been drawn on the commissioners from the colony, which, although alleged to have been in the aggregate greatly in excess of the amount for which the governor and resident commissioner was authorized to draw, have many of them unquestionably been drawn for purposes competently and fully authorized, and in favour of parties to whom the late commissioners had em- powered the colonial officers to apply for the advance, within certain limits, of sums that riiight be required in addition to local revenue to defray the necessary expenses of the local government. Under these circumstances, my Lords entirely concur in opinion with Lord John Russell, as to the necessity for bringing under the consideration of Parliament, at the earliest oppor- tunity, the whole of the proceedings which have led to the embarrassments in question, in order to a full revision of the system upon which, under the provisions of the Acts relating to South Australia, the government and financial arrangements of the settlement have hitherto been conducted ; and my Lords are also of opinion that, until Parliamentary inquiry can be instituted, the contracting of any new engagements by the commissioners, either for the transmission of emigrants or otherwise, should be suspended. In the meantime, however, my Lords cannot but be strongly impressed with the danger and distress to which the already large population of South Australia, consisting of persons who have legitimately proceeded to, and embarked their property in, the colony, or who have been conveyed and located there under the sanction of Parliament, and who are still almost entirely dependent on supplies from other quarters for the ordinary articles of subsistence, might be exposed by the total subversion of the credit of the local government and institutions, which would probably result from the positive and unqualified refusal and dishonour of the governor's bills by the commissioners ; and my Lords cannot but likewise feel, that great injustice would attend the non-fulfilment on the part of the commissioners of the contracts entered into with parties, who, on the faith of the Parliamentary enactments relating to the settlement, have furnished shipping or stores for emigrants already conveyed or now on the passage to the colony. To arrest these evils, my Lords conceive that they should be warranted in consenting that such guarantee should be given on the part of Her Majesty's Government, as would enable the Colonization Commissioners still to obtain the further loan, in completion of the sum of 200,000 /. they are empowered under the Act 4 & 5 Will. 4, c. 95, to borrow on colonial revenue securities, whicli was sanctioned by my Lords' minute of 17th July, and whereby the commissioners would apparently be enabled to replace to the credit of the emigration fund such amount as would actually be required to meet the liabilities of that fund, on account of emigrants already forwarded, and also to provide for the payment of such bills drawn from the colony as are likely to be presented before the arrangements regarding the colony can be brought under the consideration of Parliament. In order to do this, my Lords would be prepared to authorize the commissioners to give an assurance to the parties who may be disposed to contract for this loan, that Her Majesty's Government will undertake to recommend to Parliament that, notwithstanding any new arrangements that may be made in regard to the government of the settlement 0.21. a of 122 APPENDIX TO REPORT FROM THE XT of South Australia, or to the past or future proceedings of the commissioners, pro- r> I, <^' '^' vision shall be made for the due fulfilment of the contract with the lenders, and of any ?L M P^to""' Stipulations under which the money may be advanced. At the same time, however, it J Stephen Esq. further appears to my Lords, that this guarantee should only be given on the express 4 November 1840. understanding and condition, that the money thus to be raised shall not be expended ^ Z except by specific authority from my Lords' Board ; it being my Lords intention that it ~ shall only be made apphcable to the liquidation of the liabilities already incurred by the South Australian Commission in this country, or to meet such drafts as may be drawn from the colony, before the prohibition from further drawing could reach the governor j and as the payments on account of the emigration fund, for which my Lords thus propose to pro- vide, will apparently be fully equivalent to the utmost amount to which, at the expiration of the past year, the advances from the emigration to the revenue fund should legally have been left unliquidated, and the transmission of emigrants is in no respect compulsory as to time, my Lords do not deem it necessary or expedient that any sanction should be given for the adoption of measures for collecting or embarking fresh emigrants previously to the meeting of Parliament, or that recourse should be had to the power vested in the commis- sioners by the Act of 1 & 2 Vict. c. 60, of raising any additional sums to be appUed to that purpose. My Lords likewise conceive, that the guarantee should be given with the further express understanding, that the officer now under despatch to assume the charge of the colonial government, will be strictly enjoined to limit the expenditure of the government to the amount of the revenue collected in the colony, until he shall receive further authority and in- structions, and to carry on such surveys only as are requisite for the location of parties ■who have effected purchases of land, taking care that they are conducted on the most economical arrangement that may be consistent with proper accuracy. No. 73. Lord John Russell to the South Australian Commissioners. 5 November 1 840. — No. 73. Copy of a LETTER from Lord John Russell to the South Australian Commissioners. Gentlemen, Downing-street, 5 November 1840. I HAVE the honour to transmit to you a letter from the Secretary of the Treasury to Mr. Stephen, and a Minute of the Board of Treasury relating to the pecuniary difficulties of the colony of South Australia. I entirely concur with the Lords of the Treasury in the view which they take of this subject. I have consequently to direct you to propose terms for a loan of 120,000 L, giving an assurance to the parties who may be disposed to contract for this loan, that Her Majesty's Government will undertake to recommend to Parliament, that notwithstanding any new arrangements that may be made in regard to the government of the settlement of South Austraha, or to the past or future proceedings of the commissioners, provision shall be made for the due fulfilment of the contract with the lenders, and of any stipulations under which the money may be advanced. As without this guarantee on the part of Her Majesty's Government, it would be imprac- ticable for the commissioners to comply with the terms of the Act of Pariiament relating to South Australia, and that the case is one of emergency, affecting the welfare, the property, and perhaps the lives of the inhabitants of the colony, I consider myself further authorized to direct you not to expend the money thus raised without the specific authority of the Lords of the Treasury, and to comply in all respects with the terms and conditions which their Lordships have laid down in their minute. I have only further to request that you will lose no time in acting upon the authority thus conveyed to you. I have, &c. (signed) J. Russell. . SELECT COMMITTEE ON SOUTH AUSTRALIA. 123 — No. 74.— No. 74. Governor Gawler to Lord Glenelg, Extract of a DESPATCH from Governor Gawler to Lord Glenelg, dated 23 January 1839. 33 January 1839. The affaii's of the province at this moment are involved in most aggravated and compli- cated difficulties. I do not wish to make my situation appear worse than it is when I say, I do not think it possible that a governor of a colony could be placed in more trying circumstances than mine. On arriving here about three months ago, I found the public offices with scarcely a pretension to system ; every man did as he would, and got on as he could. There were scarcely any records of past proceedings, of public accounts, or of issues of stores. The non-fulfilment of one of the leading principles on which the regu- lations made for the disposal of land were based, that " the surveys should be in advance of the demand," had produced a number of complicated questions with regard to leasing of pasturage, order of selection, and so forth, which the letter of law, as it stood, could not rectify. Sections for occupation were only laid out in the plain about Adelaide, in a district not exceeding a square o'f 10 miles on the side. Seven other districts, of about the same average dimensions, remained to be marked out for the choice of preliminary pur- chasers, who will occupy the greater part of the good land in them. The Survey depart- ment was reduced to the deputy surveyor-general, one draughtsman, and one assistant surveyor ; its instruments to a great extent unserviceable, and its office with scarcely any maps of the country, and totally without system, records or regulations. Scarcely any settlers in the country, no tillage, very little sheep or cattle pasturing, and this only by a few enterprising individuals risking their chance as squatters. The two landing-places. Holdfast Bay and the Old Port, of the most indifferent description ; the expense of transport to and from them to Adelaide most ruinous. The population, shut up in Adelaide, existing principally upon the unhealthy and uncertain profits of land-jobbing. Capital flowing out, for the necessaries of life, to Sydney and Van Diemen's Land, almost as fast as it was brought in by passengers from England. The colonial finances in a state of thorough confusion and defalcation. Up to this day, my written orders, given on the 18th October 1839, have not obtained for me from the treasurer abstracts of receipts and expen- diture for the first three quarters of the year 1838. Almost all that I have been able to discover definitely of the finances of this period is, that the whole regulated expenditure for the year, 12,000 I., was drawn and expended in the first quarter. The proceedings of the commission appointed to inquire into the state of the accounts and stores have been stopped for the want of documents. This commission has examined and passed, and I, considering the serious inconvenience which prevails from the want of money, have ordered to be paid, outstanding claims to the amount of 6,321/. 4s. 2rf. ; others, to the amount of at least 2,000 I., remain for reference to the commissioners. The establishment of public officers was much too low for duties to be properly performed, and their salaries so small, in proportion to the high rates of wages and provisions, that they could not live upon them. I am credibly informed that the acting judge, upon the half salary of his office, lives without a servant, and boards with the clerk of the court. New public buildings of every kind are wanted. At the gaol, built for eight prisoners, there are on the average 30, generally sailors or runaway convicts. Since my arrival six prisoners have escaped, and in consequence it has been necessary to increase very much the police force, in order to pre- vent such injurious events by a continual chain of sentries. My own household and office accommodations are of the most straitened and inconvenient description. The colonial revenue is as yet insignificant, and though I am most willing loyally to amend this deficiency, and am proceeding to do so, yet, in the present state of the colony, taxes can only be imposed with the greatest circumspection, and for some time to come will probably do little more than defray the expenses of collecting them. This, my Lord, is certainly not a complete, and I can conscientiously affirm, to the best of my judgment, not an overdrawn statement of the difficulties in which I found the colony. If to these your Lordship will add those serious dangers which must accompany a new population of persons unrestrained by mutual acquaintance, or old habits and associations, flowing in with what may be called fearful rapidity, upon a colony which stands alone at the breadth of the world from its only point of assistance or reference, I think that your Lordship will justify the persuasion that is on my mind, that, of human agency, nothing but a strong and steady hand at the helm of government can guide this colony through its early dangers. I do not venture to judge how far mine may be strong or steady, but it certainly could exercise infinitely less of strength or steadiness than it does if it were bound with a chain of iron to a party holding novel and speculative principles for which I can discover no legal authority, restless and inconsiderate in pressing them, and setting them paramount to every other consideration ; a party, too, of which the leaders have not been sparing towards me personally of public insult and misrepresentation. I therefore most respectfully request, as Mr. Mann is the mover and leader of that party, that I may not be compelled to admit him, as advocate-general and Crown solicitor, into the Council. That in those statements in my letter which are founded on public notoriety I may not appear to be resting merely on my own opinion, I feel it right to enclose a certificate which the colonial secretary and advocate-general have drawn up and signed. I should have no 0.21. qi difficulty No. 74. Governor Gawler to Lord Glenelg. 23 January 1839. 124 APPENDIX TO REPORT FROM THE difficulty in procuring the signatures of the most respectable colonists to the same document, but to seek them would neither be prudent nor becoming. I beg your Lordship, in observing the roughness of this letter, to make every allowance for the great inconvenience I suflPer from the want of tolerable household and office accom- modations. T 1 o I have, &c. (signed) George Gawler, Governor of South Australia. Enclosure in No. 74. It is as notorious in this province that Mr. Charles Mann is one of the editors of the " Southern Austrahan " newspaper, as that Mr. Stevenson is the editor of the " South A imf "Tfl li3.1i \jr3.Z6tt6 And we have no hesitation in stating our firm conviction, from the sentiments expressed being identical with Mr. Mann's opinions often publicly avowed, that the several articles in the " Southern Australian " having reference to the powers of your Excellency as Governor, and denying your being the resident Commissioner, or that the acts of the Council (in con- sequence of our having seats therein) are constitutional or legal, are productions emanating from the pen of Mr. Mann. (signed) Geo. W. Stephen, Colonial Secretary. Adelaide, 30 January 1839. Robert Bernard, Advocate-General. — No. 75.— No. 75. E, Torrens, Esq. to J. Stephen, Esq. 24 August 1839. No. 1, Jan. 23. No. 1, Feb. 2. No. 3, Feb. 14. Copy of a LETTER from R. Torrens, Esq. to J. Stephen, Esq. South Australian Colonization Office, Adelphi-terrace, Sir, 24 August 1839. The Colonization Commissioners for South Australia have the honour to acknowledge the receipt of your letter of 6 th instant, enclosing despatches from the Governor of South Australia, of the numbers and dates specified in the margin, and calling their particular attention to the report contained in despatch No. 1 on the state of the colony; also requesting their opinion with regard to the statements which that report contains respecting the state of the finances, the pursuits of the settlers, and the general condition and prospects of the colony. The Commissioners having given to the several despatches that attention which their importance demands, request that you will submit to the Marquess of Normanby the following observations thereon : With respect to the suspension of Mr. Mann fi:om the office of advocate-general and Crown solicitor, and the appointment of a successor, which forms the subject of part of despatch No. 1, and the whole of despatches Nos. 2 and 3, the Commissioners have already, in their letter of the 19th June, expressed an opinion (to which they have reluctantly arrived) that it will be necessary to confirm the suspension of Mr. Mann, and in the same letter they ventured to recommend that the appointment of a successor be left with Governor Gawler; a recommendation which the Commissioners now beg leave to confirm. The report contained in despatch No. 1, to which the attention of the Commissioners has been more particularly directed, has reference to the following points : 1st. The backward state of the surveys, and the evils resulting therefrom. 2d. The financial state of the colony at the time of Governor Gawler's arrival ; and, 3d. The condition and prospects of the colony at the date of Governor Gawler's despatch, VIZ. the latter part of January last. As the first of these points (the backward state of the surveys) has been treated with great mmuteness of detail in the Commissioners' Third Annual Report (page 8), and as the measures which were adopted to secure the colony against a continuance of the etil are also stated at page 12 of the same Report, the Commissioners conclude that it will be unnecessary for them to trouble the Marquess of Normanby with further remaiks thereon." The second point also (the financial state of the colony at the time of Governor Gawler's arrival) has been treated at considerable length at page 13 of the Third Annual Report. The continued delay m transmitting to this country the accounts of the colonial expenditure prevents the Commissioners affording any information of importance beyond that contained m their Keport. They think it necessary, however, to correct an error into which Governor tjrawler appears to have been led, with reference to the expenditure in the early part of the year 1838. He says, " Almost all that I have been able to discover definitely of the finances j^j • l'^' ^^^^ the whole regulated expenditure for the year (12,000 ^.) was drawn and expended m the first quarter." As stated in that part of the Third Annual Report to which the Commissioners have referred, the late colonial commissioner, having apparently misunderstood his SELECT COMMITTEE ON SOUTH AUSTRALIA. 125 his instructions, did in fact draw bills on the Commissioners to the extent of 12,000 I. in the No. 75. first quarter of 1838 ; but most of these bills were drawn for the purpose of obtaining specie R- Torrens, Esq. to from the neighbouring colonies, and the proceeds were not expended till long afterwards. •'• Stephen, Esq. The tiiird point embraced by Governor Gawler's despatch, viz. that which has reference to ^^ August 1S39. the condition and ' prospects of the colony, is one to which the Commissioners feel it their duty on the present occasion chiefly to address themselves. The general tenor of Governor Gawler's despatch evidently shows that it was written Tinder considerable excitement ; a state of mind which, in the opinion of the Commissioners, is fully explained by the persevering and annoying opposition to his measures, of which he so earnestly and so justly complains, and by the constant and harassing demands on his time and attention, arising out of the rapid influx of settlers, the backward state of the surveys, and the necessity for the utmost exertions to give efficiency to the several departments of the public service. These are circumstances under which, in the opinion of the Commissioners, any one would naturally dwell upon the difficulties of his position, and unintentionally magnify the ibbstacles with which he would have to contend. It is in this manner that the Commissioners account for Colonel Gawler, notwithstanding the excellence of his judgment and the ordinary calmness of his mind, giving expression to opinions as to the present state and prospects of the colony, which to the Commissioners do not appear to be borne out by the facts of the case. Colonel Gawler is apprehensive that for some time to come the colonial revenue will do little more than defray the expense of collecting it. The Commissioners cannot entertain this apprehension. Although they fully agree with Colonel Gawler as to the necessity for great circumspection in imposing taxes during the infancy of the colony, yet, bearing in mind that upwards of 100 vessels (many of large tonnage) discharged their cargoes in the ports of the colony in the year 1838, and that the Swan River colony, with one-third of the popula- tion, and probably less than one-third of the trade of South Australia, is understood to afford a revenue of about 5,000 I. per annum, they cannot but be of opinion that, under the judicious management of Colonel Gawler, South Australia will be found capable immediately of pro- ducing a considerable net revenue. It appears from Colonel Gawler's report, that at the time he wrote few of the settlers were engaged in agriculture, consequently that large imports were made of the necessaries of life ; while, on the other hand, the exports of the colony were comparatively trifling. Such a state of things in an old-established community would undoubtedly lead to disastrous results ; and Colonel Gawler, not bearing in mind probably the peculiar circumstances of South Australia, appears to contemplate it with considerable uneasiness. A little consideration, however, will show that there is nothing in this state of things which ought really to excite either sur- prise or alarm ; that it does not indicate an unhealthy state of society, but is the natural and inevitable result of the rapid growth of the colony. A reference to the Third Annual Report will show that from the first establishment of the colony (in the year 1836) to Midsummer 1838, the number of emigrants despatched from this country was 3,122; while in the latter half of 1838, the number, including 600 Ger- mans, was 2,800. Thus it appears, in the six months subsequent to Midsummer 1838, nearly as many emigrants were despatched to the colony as in the previous two years and a half. The emigrants despatched in the last six months of 1838 were those who would be in the course of arrival at the date of Governor Gawler's despatch. These 2,800 emigrants would manifestly require a proportionate number of additional houses ; that is to say, a number nearly as large as that which existed previously to the arrival of the first portion of them ; consequently, in the short space of six months, the number of houses and the fixed capital of every kind would require to be doubled. To erect this great number of houses, and at the same time to carry on the importation and distribution of food and other neces- saries, would require scarcely less than the whole strength of the colony ; and, in point of fact, the labourers sent out up to the period under consideration, consisted for the most part of carpenters, bricklayers, stone-masons, smiths, and others required in the erection of buildings. In January last (only a year and three quarters after the selection of town lands), in addi- tion to a church, two or three meeting-houses, and various public offices, Adelaide alone contained 620 houses. During the construction of these buildings, the artificers would of course require a supply of food, and as the erection of houses was undoubtedly, under the circumstances of the colony, a more profitable occupation than the growth of food, it was to the interest of the settlers to employ their time and capital in the former rather than in the latter occupation, and to import rather than grow their food ; and there can be no doubt that the large capital thus created far exceeds in value the cost of provisions and other necessaries which would be consumed in the meantime. That the course adopted by the colonists did not in reality lead to an objectionable drain of capital, is fully established by the fact, that in the month of January last (that in which Colonel Gawler wrote) the large sum of 24,662 1., as shown by the official accounts, was received by the colonial treasurer in cash for land purchased by the colonists directly of the Commissioners ; and it appears from private letters (the official accounts not having yet arrived), that a large sum (probably not less than 15,300 /.) was received in the same manner, •and for the same purpose, in the following month of February. That so large a sum as 40,000 1. in ready money should have been paid over for the pur- chase of land in the short space of two months, may perhaps justify some apprehension that ^.21. q 3 land J 26 APPENDIX TO REPORT FROM THE No. 75. land speculations are embarked in too eagerly, but it is utterly inconsistent with the notion R.Torrens, Esq. to that the colonists are becoming impoverished. , ., , i^uu^^t-,. a^„^„a^a ^^.i a . J. Stephen, EsJ It may be necessary to add, that although the colonists have hitherto depended chiefly 24 A..gust l«39. uponthei imports for provisions and other necessaries of life, yet that td age to some extent _____ 1ia7commenced at the date of the last accounts from the colony, and that the Commissioners are nov? despatching large numbers of agricultural labourers to South Australia; also that Sebednning of the present year thecolony contained the foUomng stock, VIZ 28,000^^^^^^ 480 horses and 2,500 head of cattle ; and further, that considerable quantities of South Austra- lian oil and wool have already been exported from this country. In conclusion, the Commissioners earnestly recommend that every necessary step may be taken to maintain and support to the utmost the due authority of Governor Gawler. They have great reliance on his judgment, energy, and discretion ; and m the good sense and good feelings of the colonists at large. They, of course, do not expect South Australia altogether to escape difficulties, and perhaps even temporary reverses ; but they look with perfect confi- dence to the final and universally acknowledged success of the principles on which the colony is founded. , ii. i j The despatches to which this letter refers are herewith returned. I have, &c. (signed) Robert T&rrens, Chairman of the Commission. — No. 76.— Journal of Proceedings of the Council; Friday, April 3, 1840. No. 76. 3 April 1840. The Council met at 10 o'clock :— Present, His Excellency the Governor, the Colonial: Secretary, the Surveyor General, the Assistant Commissioner. The Governor laid on the table the colonial treasurer's abstract of the public revenue and expenditure of the province for the quarter ended 31st December 1839, and the report of the Board of Audit, by whom the accounts for the period to which this abstract referred had been closely examined. His Excellency then read to the Council the following financial minute with reference to the public accounts of the province for the year 1839, and to the probable expenditure of the year 1840 : — Gentlemen, It is with great satisfaction that I find myself able to lay before the Council the abstract of accounts for the quarter ending the 31st December 1839, and at the same time to mention that the details upon which this document is founded have already passed the Board of Audit, and are actually making up for transmission to England. They are clearly and methodically arranged, and afford solid grounds for the expectation that, through the great intelligence and attention of the colonial treasurer, Mr. Jackson, the public financial proceedings will at once assume a condition befitting the advanced state of the colony. In entering into a general examination of this quarterly abstract, I shall at the same time refer generally to the probable expenditure of the current year, and to the actual expenditure of that recently concluded. I regret that it is not in my power to enter closely into this last subject, from the circum- stances that the accounts of the first three quarters have only lately been transmitted to the auditor-general, and are in consequence still unexamined. The total amount of expenditure during the last quarter of the year 1839 has been 34,291 /. 15 s. 9 d. It must, however, be carefully remarked, that of the whole year's expen- diture a very large portion has been applied to what I may call the outfit of the colony, to objects which form no part of the ordinary expenditure, and of which the value actually re- mains in the colony as stock in hand. Of this class are, horses, bullocks, teams, carts, harness, saddlery ; for the police, survey, and store departments ; the Waterwitch cutter, the Lady Wellington ; boats and barges of .different kinds for the customs, harbour, and survey departments. A large and expensive set of instruments for the survey department; marquees, tents, camp stools, tables, cooking and eating utensils, tools, &c,, for the survey, police, and store department. Houses for the police, customs and survey ; storehouses for the emigration and aborigines departments at Port Adelaide, Glenelg, Willunga, and Encounter Bav. The new government-house, public offices, survey stables, police "barracks and stables, barracks for the sappers and miners, houses for the colonial storekeeper and emigration agent, bonded store, cottages for the aborigines, and aborigines department, &c. &c. In addition to these, other necessary works have been executed, by which the convenience either of the public service, or of the colonists, and the value of property in the colony have been permanently increased. Among SELECT COMMITTEE ON SOUTH AUSTRALIA. ja; Among these are, ^ No . 76. Signal posts at Glenelg and on the West Terrace. 3 April 1840. The clearing of the park land of the huts which were erected on it by the early settlers. The clearing of a large number of the streets of Adelaide, and of the road from the bridge t6 the iron stores, of trees and stumps. The erection of the wooden bridge across the Torrens, of which part only of the expense was defrayed by private contributions. These works, and others in the town and its neighbourhood, have been carried on by the town surveyor ; the wood procured by the felling of trees has furnished a supply of fuel to the public departments. The clearing of great lines of road, as from Onkaparing% through Willunga, to Encounter Bay, Currency Creek, and Yankalilla, as well to open the communications between the survey parties and their stores, as to remove one of the greatest objections to travelling and settling in the country. The necessity for objects of the two kinds above mentioned, during a period in which the province has been passing from the state of a settlement to that of a considerable colony, has been most urgent. Many pressing requirements of a very expensive character still remain. Among these are wharfs, public sheds, custom-house, and other works at the New Port. A city gaol, a new immigrant depot, and an infirmary. The present substitutes for the three last mentioned buildings are not only most discreditable to the province, most inconvenient and insufficient, but they actually entail a heavy burthen of expense, of the fruits of which no visible traces remain. In the instance of the gaol, respectable persons confined for debt are crowded in a small space with felons of the worst description, and all are kept in, not by walls, but by a mul- tiplication of sentries, creating a very expensive gaol establishment. Five prisoners escaped from the gaol during the past year, of whom, however, four were retaken at a considerable expense, of course, of time and labour. His Honor, the Judge, has recently forwarded to me a presentment from the grand jury on this subject, which I now lay before the council. The immigration depot, a collection of wooden buildings, erected only two-and-a-half years since, has recently required an outlay of about 700 Z. to put it in tolerable repair. It is very inconveniently situated with regard to water, and does not afibrd that comfortable and healthful shelter which persons coming off so long a voyage require. Temporary buildings in this climate are very much opposed to real economy ; they are enervating to the constitution, they harbour vermin, soon suffer from the action of the atmo- sphere and require repairs, and are most liable to accidents from fire. My system has been to construct public buildings of durable materials, to the full extent that I conceived myself able to go ; and to limit expense by making them of a size sufficient only for present absolute necessity,- on plans that were suitable for future enlargement. The Old Port has required a considerable sum of money to keep it available for use. The works at Section (A.), New Port, must go on if the commerce of the colony is to continue in activity. They are estimated to cost about 8,000 Z. A part of the expense of the Infirmary will be defrayed by private subscriptions, but a large portion must be contributed by the Government. The number of immigrants and other persons requiring relief from such an institution is already very considerable, and the cost of them, as out-door or in-door patients, very great. In considering the expenditure, it is important to bear in mind not only the fact which has just been stated, that a very large proportion of it has been required by objects neces- sary for what may be called the outfit of the colony, but also that but a small proportion of it has been applied to the salaries and direct expenses of the Government ; by far the greater part having gone to the direct benefit of the colonists. By the accompanying very carefully compiled statement of receipts and expenditure, it appears that the actual expenses of the Government for salaries, judicature, police, customs, and a variety of incidental ex- penses, has been 650 Z. 19 5. 10 d.; while those of the land and survey departments which form no essential part of the Government, of the immigration department, of which new colonists are the direct objects, and of public works, horse and cart hire, and so forth, which flow directly into private purses, amount to 29,140 Z. 15«. 11 d. The Government can subsist well on the internal revenue, but the colony cannot, as yet, proceed and prosper without considerable assistance from external sources. Salaries. — None of the public officers are in the receipt of salaries surpassing a fair and reasonable remuneration, and a very large proportion of them, as regards the year 1839, are very much below this standard. Many have had to struggle with great pecuniary difficul- ties, and I have felt it my duty to make every justifiable effort in such circumstances to assist zealous and useful functionaries. The salaries of most of the subordinate branches, and of some of the superior classes, were raised before the close of 1839, the period under investigation. To some, gratuities have been accorded, and the claims of the public officers in general have been strongly represented by me to Her Majesty's Government and to the Commissioners. Long experience in the public service has convinced me that there cannot be a more generally unsuccessful policy than that of attempting to economise public ex- penditure by a mediocrity too rigid in the salaries of public officers. I could prove that a large proportion of the extraordinary expenditure of this province has proceeded from such a cause. 0.21. 94 With ^28 APPENDIX TO REPORT FROM THE No. 76. With regard to the numbers of public officers, under the great inconvenience which exists * M , R ,0 from insufficient office accommodations, there are not enough to do the duty of the province 3 Apr.1 1840. ^J^^^X wh7^ pubUc offices are finished and pubhc departments brought together m them with suitable accommodations, it will, I think, be generally possible to perform it with satisfaction with the present establishment, allowing, of course, for increase m regard to secondary towns and districts. Aborisines.-The daily support of 120 men, women and children, even though it consist but of biscuit, or rice and sugar, becomes a large item. Tbere have also been erected, m connexion with this department, two houses for German missionaries, a schoolmasters residence, and five neat cottages for the natives at Adelaide, and a house for a missionary at Encounter Bay; a large sized building for a school-house and hospital are also m course of construction at Adelaide. Other expenses of a miscellaneous character have been incurred on the same account. The Police.— In the peculiar situation of the colony it has been of the greatest import- ance to pay extraordinary attention to the efficiency of this department. The city of Adelaide scattered over a surface which would contain twenty times its present number of houses and inhabitants, requires nearly as large a police force for its protection as though the full complement of houses and inhabitants were upon it. The country stations, extend- ing over a territory of at least 40 by 130, or about 5,000 square miles, demand also a nume- rous mounted police to affi)rd them proper security. The conduct of immigrants from England, whether of those who have borne the expense, of their own passages, or of those who have been sent out by the assistance of the immigra-, tion fund, has been very creditable. Very few criminal offences have been committed by persons of these classes ; but, in addition to them, our white population consists not only of iiighly respectable and very valuable settlers from the neighbouring colonies, but of a large number of persons who have been first transported to those colonies for offences committed in the mother country, and have then, by different means, principally by accompanying overland parties, found their way to South Australia. I once indulged the hope that these persons, weary of crime, of disgrace and of punishment, might, in blending with our popu- lation, become useful and creditable members of society ; it is melancholy to state that, with a large number., this has not been the case. Two-thirds of the prisoners in our gaol have invariably consisted of them; one-half of the remaining third has usually been composed of. runaway sailors from vessels in the port. To preserve the pubhc in security from the offences and disorders of these classes, and further to control the ill-informed and sometimes very lawless natives, a more efficient pohce must be maintained than, under ordinary circumstances, the same extent of territory would require. The outfit and actual expense of such a force, in a country in which prices and wages are high, are of necessity very great. The sum expended in horses alone for the mounted police is considerable. It was necessary that they should be of the most useful description that could be procured in the colony, and these have of course generally been, in first prices, the most costly. I am happy to be able to add that the police has answered to the care and expense that have been bestowed upon it. In the face of the difficulties with which it has had to contend, it has preserved both the town and the rural districts in a state of tranquillity which is not surpassed in the most favoured portions of the mother country, or of any nation in the world. The Commissioners of Police concur with me in the opinion, that, instead of reducing the police force, it should rather, on the contrary, be increased ; I lay on the table their state- ment on this subject. At this moment police stations near the lake mouth of the Murray and at the Great Bend would be useful in securing the peace which, in these quarters, has been sometimes interrupted between the overland parties and the aborigines, and in encou- raging settlers to establish themselves in that important district ; and if ad valorem duties on imports are imposed, police stations will be necessary at these points for the collection of them. Connected with the police are the keepers of the park lands in Adelaide ; this body was instituted at a period when very serious depredations were being extensively committed'' Covering, as the park lands do, an extent of 12 miles in length, with a considerable width, six men at first were absolutely necessary to give a decided check to the evil ; the greater number of these, however, were convalescent emigrants, who were thi-own for support upon the Government, and could perform no laborious work ; these have been allowed, as was intended, gradually to drop off, and the body has consisted for some time past of only two. It is to be lamented that this number is insufficient for the object, and that unless an increase, be made, the park lands will be rapidly disfigured, and rendered unfit for the laudable pur- poses for which they were intended. Customs and Harbour Departments.— From the peculiar character of our coast, and from the circumstance of there being two landing-places for Adelaide at a distance of 10 miles apart, a considerable custom-house establishment is necessary ; that which exists I have long known is insufficient for protecting the revenue and the fair trader. To the public works at Section (A.), New Port, allusion has been already made ; they are under the joint and very efficient direction of Captain Lipson and Mr. Kingston ; the lattei- undertaking all that properly belongs to the architect and engineer. I am most gratified^ to. SELECT COMMITTEE ON SOUTH AUSTRALIA. 129 to be able to mention that they are in a state of forwardness, and that I hope they will be No. 7O. ready for public use as soon as the road is opened. 3 April 1840. The mud barge also has been an object of considerable expense ; but the work done «. tinder the orders of Captain Lipson is most important, and commensurate with the cost. In connexion with the harbour-master's department, it should be noticed that I thought it right, in conformity with permission from the commissioners, to sell the colonial brig Rapid. I did so with great regret ; commercial as this province is, and extended as our own outports must rapidly become, it would have been not only creditable, but useful, to have had such a vessel in the public service. It has, however, been my great desire to confine the expenditure of the province to abso- lutely necessary purposes, and, under this consideration, I have dispensed with a somewhat expensive vessel, and have substituted in her stead a cutter of 27 tons burthen, of the bare sufficiency of which I am nevertheless very doubtful. Under the same consideration of economy, I have also, with regret, ordered Mr. PuUen's operations on Lake Alexandrina to cease, when he shall have buoyed off the channel from the elbow of the Murray to the main lake. Immigration. — The distance of the town of Adelaide from its landing-places, without connecting railroads, renders this department very costly. Its extraordinary expenses are also greatly augmented by the number of sick and pauper emigrants who are thrown upon it for medical comforts, nurse attendance, and general support for themselves and their families. I have reason to be much satisfied with the exertions of the late emigration agent Mr. Smillie, and those of the colonial surgeon, Mr. Nash, to introduce regularity and eco- nomy into this important branch of the public service. Storekeeper's Department. — The expenses of the storekeeper's department are also enor- mously increased by the distance of Adelaide from its landing-places, without intervening railroads ; this increase of course extending itself through this department to almost every branch of the public service. Survey Department. — The largest item of expenditure exhibited in the quarterly abstract is that of the survey department. This includes the expenses of exploratory expeditions, payments to private surveyors employed at the public expense, the cost of opening lines of road, as those to Encounter Bay, Currency Creek, and Yankalilla, through wood and thick brush, and every other expense connected with the survey except that of the storehouses and other buildings which have been erected for it ; these are for the present entered under the head of public works. In my remarks to the council on the 14th of January last, as published in the Gazette of the 16th of that month, I described the survey as a most expensive department. I hope that observation may not have been misunderstood. I did not mean to convey that the work done during the past twelvemonth by the survey department was, considering the general state of the colony, disproportionate to the expense incurred. In possession, as I have been, of the best means of knowing the difficulties it had to encounter, the real nature and extent of the work performed, and the apphcation of its expenditure, 1 can state that such an impression would be erroneous and unjust. The expense of the survey department has been very great, but the difficulties overcome and the work performed have been very great also. Contemplating the state of the colony and of the survey department in November 1838, it could not have been reasonably expected that, in little more than a twelvemonth, more could have been done than has been done. The change produced in the colony, since that period by the exertions of the survey department and of individuals connected with it has been immense. At that period sections were laid out only over about two-thirds of the mere plain of Adelaide, that is, for about four miles to the north and seven miles to the south of the city. A considerable number of even these sections were so incorrectly measured, or their marks so much obliterated, that very tedious remeasurement was necessary. The remainder of the country, excepting the vicinities of the sea-coasts of Rapid, Yankalilla, Unkeparinga, and Encounter Bfiys, and the old tracks to Encounter Bay, Mount Barker, and the Gawler River, was not only unsurveyed, but positively unknown. The first operation necessary for the due prosecution of the ordinary survey was what may be called a geographical survey. It would have been most inexpedient to have thrown survey parties over the face of a country until that country was known to the director of the department, and the great lines of roads and communication, the position of depots of provisions, and other Government stations were determined. Our peculiar system of land appropriation, which admits of no abstraction from property once sold, for roads or any other public purpose, renders imperative an intimate previous extensive knowledge of the country to the governor, resident commissioner, and surveyor-general. The evils which may arise from the want of it are very great; some have been already experienced. In this geographical survey, Mr. Finniss, recently appointed one of the deputy surveyors- general, but then a partner of the land agency firm of Light, Finniss &. Co., rendered me very great and honourable assistance. The result of the geographical survey is, that the country has been generally searched out and laid down on paper for an extent including, in width, from the Gulf St. Vincent to the River Murray, about 50 miles, and in length, from Cape Jervis, Encounter Bay, and Lake Alexandrina, to about the latitude of the Great South Bend of the Murray, about 0.21. r 140 miles. 130 APPENDIX TO REPORT FROM THE Ta„ „fi 140 miles, making an area of about 7,000 square miles. The features of this district •^ADriliSAO. are well known-its great leading lines of communication the probable boundaries of ^ P ^ future countries, and other important particulars decided. Survey parties are scattered over it and are most actively engaged in throwing oflf its available portions into sections. Dep6ts of provisions and other necessaries are formed ; lines of communication which were difficult have been opened, and all arrangements made to insure a rapid, and, as far as the nature of the country and the circumstances of the province will permit, an economical progress of the work. From the commencement of the year 1839 to the 29th February last, about 113,000 acres have been marked off in sections, exclusive of special surveys. Of these last six, namely, the Mount Barker, the Gawler, the Three Brothers, the Little Para, the Meadows, and Currency Creek, are completed, or on the very point of being so, including, of course the survey of 90,000 acres. Thirteen other special surveys are actually in hand. Beside this, Mr. Pullen has sounded all the different channels between Lake Alexandrina and the coast of Encounter Bay, including the great eastern branch, and is now employed in buoying off the navigable channel from the elbow of the Murray, or « Gool-wa," into the main lake. The harbours of Streaky, Smoky, and Denial Bays have been surveyed and sounded by Mr. Cannan, and a chart of them sent to the commissioners ; and private surveyors, working in connexion with the Government, have sent in plans of Ports Lincoln, Victoria, and St. Vincent. On contemplating the effect produced, and on considering that at the commencement of the period referred to there was no survey department, no surveyor-general or deputy sur- veyor-general, no tents, survey instruments, horses, bullock-teams, or other materials indis- pensable for the work; in considering that one-half of it was performed through a rainy winter, in a wild country with unformed communications, and that during the whole of it wages, bullock and horse hire, the prices of provisions, and of almost every necessary, have been extravagantly high ; on considering these things, my opinion is, that, according to the state of the colony, the work done has been proportionate to the expense incurred, and that every true friend of the colony should, as regards the survey department, feel gratified at the result of the past, and confident in the expectation of the future. ' The department is now under most complete and sufficient superintendence, and is pro- bably not inferior to the best survey establishment in other British colonies. In connexion with the survey is the town-surveyor's establishment. The duties of that officer have been to lay out and give over sections in Adelaide and in its neighbourhood, and to act as town-engineer. In the latter capacity he has cleared a large'number of the streets of the town of trees and stumps, has supplied the public offices with wood, has built the bridge over the Torrens, cleared the avenue to the iron stores, and removed from the park-lands the huts that were built on them by the original settlers. His office will cease when similar duties are thrown into the hands of the municipal council. t As far as private surveyors could be found, who were willing to work by contract, that mode has been attempted ; it is, however, altogether unsuited for the state of the colony, and, with some creditable exceptions, has been very unsatisfactory and expensive. I am persuaded, on practical grounds, that no greater injury could be done to the province than that of attempting to survey by contract on a large scale ; and in this opinion the decided concurrence of the surveyor-general is expressed in his reply to a communication from me on this and other subjects. Including the special surveys, there remain in round numbers about 200,000 acres to be surveyed of land actually purchased. On considering this large extent of work, and the pledges of the commissioners that the surveys should be in advance of the demand, it is most evident that the means of exertion of the department ought not to be reduced. This is a general view of the public expenditure, and the objects of it. It is only general, for neither my recent office accommodations, nor time, have allowed me to commit to paper a closer representation. From this view, however, I think the members of council will have seen that every step in excess beyond the directly authorized limit has proceeded from imperative necessity. It has been from imperative necessity — That public buildings have been erected and pubUc works constructed; that the number of public offices, and the salaries of many, have been increased ; that the aborigines have been supported and expenses incurred towards their improvement; that the pohce force has been increased and maintained in efficiency ; that the customs and harbour departments have been supported as they are ; that great ex- penses have been incurred in the immigration and colonial storekeeper's departments; an lastly, that the survey department has been increased to the highest possible state of work- ing power and efficiency, although the risk and expense of such a proceeding, in the passing state of the colony and its territory, have been immense. I am sure that the members of the council will recognize, without demonstration, how utterly inexpedient and dangerous it would have been to have held the affairs of the pro- vince SELECT COMMITTEE ON SOUTH AUSTRALIA. 131 vince in stagnation for a twelvemonth, until a statement of our necessities and difficulties j^o_ j5_ had been forwarded to England and answers received in reply. 3 April 1840. Moreover, while I freely admit that there have been irregularities, and consequent excess """"^ of expenditure, I think the members of council will also perceive that those evils have only existed from imperative necessity — a necessity arising from the state of the public depart- ments, of public office accommodations, and of the colony at large. I foresaw distinctly, what any other man acquainted with public business and the ma- chinery necessary for transacting it properly would have foreseen, that, in the state of the public departments and of the colony, effisrts made on a large scale for extensive public objects, must involve the risk of considerable irregularities. But this danger would not have been a sufficient reason for limiting the police force, and thereby allowing the town to be over- run with depredators and the country with bushrangers, or for keeping the survey at a low establishment, and thereby forfeiting the pledges of the commissioners, and preventing land purchasers from entering upon their sections for ruinous and incalculable periods ; or for checking other public efforts with other similar certain evil consequences. I saw the risk of irregularities and encountered it. I have no objection to state that they have occurred ; but in almost all cases it has been from the Government that the first information concern- ing them has proceeded. I feel it right, however, at the same time to state, distinctly, that they have been small in proportion to the benefits effected, and of the kind which every intelligent man may conceive. It would have been strange indeed if the province had passed from what it was sixteen months ago, to what it is now, without them, or evils equivalent to them. I apprehend that, in thus taking notice of such circumstances, more -weight is given to them than they deserve. They are only mentioned from the conviction that full veracity of statement is as essential to political as it is to private propriety and prosperity. It is most obvious that every community is bound to exert itself to the fullest extent of reason and justice in supporting the expenses of its public establishments ; and I will never hesitate to bring this principle into practice, as far as reason and justice will admit of it. The difficulties, however, in the way of legislation of all kinds, and espe- cially of that part of it which embraces the imposition of taxes, have been very great. With the most sincere desire to take every proper means of leading the province to support, as far as possible, its expenses, I have as yet found it utterly impossible to do moi*e towards this end than has been done. It must always be remembered that a revenue has been received in the province for the quarter especially under consideration to the amount of .5,694 l. 19 s. \\d., or at the rate of more than 22,000/. a year. In a very short time, still more efficient measures may be adopted. As soon as the period necessary for the continu- ance of the present Customs Act shall have expired, it will be proposed to the council to substitute in its place a scale of ad valorem duties on all imports ; and the Municipal Cor- poration Bill will in a short time remove many large items of expense from the accounts of the Government. I am most anxious that these enactments should be brought ihto operation. It appears to me that the state of the province affords most striking evidence of the pro- priety of the financial course which its Government has pursued. There is not in the history of the world an instance in which, after little more than three years from the foun- dation, any colony at a great distance from its parent state has attained to the same high degree of peace, order, and prosperity, as that in which this province now stands; on the ■contrary, it has been observed by all inquirers, and among others by the talented individual who had perhaps the greatest share in originating this colony, that modern colonies have been remarkable for their early disasters. Financial proceedings are not alone the causes of political prosperity, but, under the blessing of God, they are certainly leading means towards it. The establishment of the colony has cost a large sum, but it is probable that no British province has ever attained to the same condition at, to say the least, a smaller price. However great the expenditure may be, the results are great also. Three years and a half ago the spot on which we are now standing was a desert unknown to Europeans ; now we are surrounded by a populous, and, to a considerable extent, handsome city ; our principal streets are lined with well-filled warehouses and shops, and crowded by all the attendants of active traffic. Handsome and substantial buildings are to be seen on every side, and are rapidly increasing. Our port, which, a few years since, was an unknown salt-water creek, covered only by water-fowl, and enclosed in a mangrove swamp, is now filled with large shipping from Europe, India, and the neighbouring colonies. The swamp is traversed by a sub- stantial road, and handsome wharfs and warehouses are rising on its borders. A steam tug is promised by the commissioners, and, with such conveniences, there will not be a finer harbour for vessels drawing under sixteen feet water. Ships of larger dimensions may dis- charge their cargoes from the Gulf, which is in itself a secure road^ead. The neighbour- hood of the capital is studded with numerous and populous suburbs and villages, while the more distant country, whether to the north, the east, or the south, is rapidly assuming in population that healthy and natural proportion which it ought to bear to the metropolis. 0.21. ;■ 2 Farming 132 APPENDIX TO REPORT FROM THE 1^ „ Farming establishments are in active formation on every side, and it is now a matter not A 'i fi merely of'liope, but of sober expectation, that our magnificent agricultural vallies will soon 3 April 1840. ^^ gjj^^ ^^.^j^ produce sufficient for home consumption. Flocks and herds of cattle from New South Wales, following each other in countless succession, already cover a tract of 200 miles in length, and their enterprisipg proprietors are even now seriously contemplating a noble attempt at geographical discovery, which bids fair to make this province the great gntrep6t of the south of Austraha. Our institutions are assuming a condition of stability. bur pubhc departments have attained to a high degree of system and order. The aborigines have been kept under humane control, and considerable, though I regret to say as yet unsatisfactory, eflbrts have been made towards their civilization. Property and private rights enjoy as much protection as in any country in the world, and peace, union, and good understanding reign throughout the community. Land has been surveyed to an extent capable of containing three times the present amount of population, and the most promising arrangements are in active operation for completing, in a comparatively short space of time, the survey of those rich and beautiful districts already discovered, which would enable us to increase it from ten to twenty fold. These are the results of the united efforts of the Government in its different branches in England and in the province, of the colonists here, and of the friends of the colony else- where ; and every reasonable man who considers them in connexion with the space of time in which they have been produced, must be prepared to admit that they could not have been accomplished without considerable expenditure, as well as labour, intelligence, and enter- prise. The several members of council expressed their full concurrence in the view which his Excellency had taken of this important subject, and their conviction that the large govern- ment expenditure of the last year had been of essential benefit to the province. The members were unanimously of opinion that if his Excellency had strictly confined the public expenditure within narrow limits, and had deferred to a future period the important works which had been alluded to in the minute, the effects of such a course of policy must have been highly injurious, if not fatal, to the prosperity of the colony. Adjourned at half-past 12 o'clock. George Hall, Clerk of Council. The following is the statement of receipts and expenditure referred to in his Excellency's minute. George Hall, Clerk of Council. Abstract SELECT COMMITTEE ON SOUTH AUSTRALIA. 133 Abstract of Receipts and Expenditure of the Colonial Government, for the Quarter ending 31st December 1839. No. 7C. 3 April 1840. T?,„„^. RECEIPTS, Revenue : » t. s. Customs - - - - - - - -5; 194 12 Postage --------- 107 2 Fines and fees -------- 290 6 Licences ------ -gg- Permits - - - - - - - - - 418 d. 5 11 Quarterly transfer from land fund _ - . Proceeds of bills drawn on Commissioners - From J. B. Hack & Co. for brig Rapid From colonial storekeeper, proceeds of sale of stores Advance from Bank of South Australia Interest on daily balance in bank - - - - 3.000 - - 17-175 2 - 2,128 15 72 5 - 15,000 - 5 17 Total Receipts - - - £. Civil ; EXPENDITURE. Governor's establishment - - - - _ - Colonial secretary's department - » - Department of colonial treasurer, accountant-general, and collector of internal revenue - - - - Customs' department ------ Auditor-general .--__-_ Postmaster-general's office, including conveyance of mails and rent of office ------ Colonial surgeon ------- Harbour-master's department - - - _ - Protector of aborigines' department - - - _ Colonial storekeeper's department - - - - £. s. d. 370 - - 137 10 - 197 10 - 1,073 5 7 37 10 - 119 19 8 50 - - 337 H 8 107 10 - 449 3 6 Judicial : Supreme Court ------- Advocate-general, including allowance for a clerk and an office -------- Resident magistrate's court - - - - _ Sheriff, including allowance for office - _ _ Gaol establishment ------- Clerk to bench of magistrates - - - - - Coroner for inquests ------ Police : Superintendent ------- Inspector, sub-inspectors, and constables - - - Ecclesiastical: Colonial chaplain, including allowance for one horse - 165 - - io8 13 - 165 12 - 57 10 - 170 14 - 25 - - 35 H - 62 10 - 1,404 15 5 75 8 - Total Government Establishment - f. Land office -------- Survey department ------- Emigration agent's department, including payment to surgeons superintendent - _ _ - - 223 15 6 3.725 6 9 744 19 2 0.21. J 4a r-j- Total Land, Survey, and Emigration Departments - - £. Carried forward - - - £. £. s. d. 5»694 19 4 37.382 - - 43,076 19 4 £. 2,880 3 5 728 3 - 1.467 5 5 75 8 - 5,150 19 10 4,694 1 6 9.845 1 3 No. 76. 3 April 1840. 134 APPENDIX TO REPORT FROM THE Brought forward Miscellaneous Disbuksements: Public works - - Stores for coloni storekeeper Cartage of ofitto £. s. d. .4,445 1 6 - 280 - - Stores, instruments, rations, &c. for sur- vey, including expenses of expeditions for purpose of geographical survey - 4,766 19 1 Horses for survey _ - . - 764 - - Horse and bullock hire for survey - 702 10 3 Harness, clothing, hay, stores, &c. for police ------ 977 12 6 Houses for police - - - _ 890 - - Horse-hire for police - - - - 437 - - Marine stores and boats, &c. for harbour department -._--._ Store ship and punt ------ Stores for emigration department - - 154 13 6 Cartage of baggage for emigrants - 612 10 - Expenses of conducting prosecutions Passage-money of prisoners and guard to Sydney Infirmary ------- Colonial botanist for wages - - - - Printing - - - - - - Men employed by town surveyor - - - Sundry miscellaneous - - - - - Pensions, &c. on account of Home Government 7.879 5 - 4,725 1 6 6,233 9 4 2,304 12 6 490 7 8 530 - - 767 3 6 86 2 - 162 - - 151 3 - 1.5 9 7 .498 4 - 171 9 8 368 2 1 64 4 8 Total Miscellaneous ------- Total Expenditure properly belonging to Quarter Paid to Osmand Gilles, Esq. late colonial treasurer, to meet .the claims upon Government, for quarter ending 30 September 1 839 Total Disbursements - £. £. s. d. 9»845 1 3 24,446 14 6 34.291 15 9 11,447 1 1 45,738 16 10 Total Disbursements - - _ Total Receipts - - - _ Excess of Expenditure for Quarter £. s. d. 45,738 16 10 43,076 19 4 2,661 17 6 Compiled from|cash]vouchers of thefColonial Treasury. Colonial Treasury, 24 Feb. 1840. (signed) J. AlexT. Jackson, Colonial Treasurer and Accountant-general. SELECT COMMITTEE ON SOUTH AUSTRALIA. 135 — No. 77.— Copy of a DESPATCH from Lord John Russell to Governor Gawler. Sir Downing-street, 26 JDecember 1840. In consequence of the Reports which have been made to Her Majesty's Government by the Colonization Commissioners for South Australia, respecting the financial state of the province, and respecting the amount of the bills which you have drawn on the Commis- sioners, in excess of the authority which you had received from them for that purpose, it has become my unwelcome duty to advise Her Majesty to relieve you from the offices of Governor and Her Majesty's Resident Commissioner in that province. The Queen having been pleased to approve that advice, has appointed as your successor Captain Grey, who will proceed to South Australia in the vessel which carries this despatch. I have, &c. (signed) J. Russell. No. 77. Lord John Russell to Governor Gawler, 26 Dec. 1840. — No. 78.- Copy of a DESPATCH from Captain Orey to Lord John Russell. My Lord, Brighton, 18 November 1840. I HAVE taken the liberty of submitting to your Lordship the enclosed Minute, containing a summary of several important subjects, which, from the moment of my assuming the functions of Governor of South Australia, will be pressed upon my notice. Previously, therefore, to my entering upon the duties of this office, I have thought it right to soUcit your Lordship to give such answers to the questions I have ventured to propose, as your Lordship may think necessary for my future guidance. I have, 8cc. (signed) G. Grey. No. 78. Captain Grey to Lord John llussell, 18 Nov. 1840. Minute. 1. The correspondence of the Governor of South Australia would appear to have hitherto been addressed, not to the Secretary of State, but, with few and insignificant exceptions, to the South Australian Commissioners. Is it the intention of Her Majesty's Government that this practice should be continued by Captain Grey ? or is it designed that he should address all his correspondence to the Secretary of State ? or is there any precise line which can be drawn for his observance, distinguishing the topics on which he is to address himself to the one authority from the topics on which he is to address himself to the other ? 2. In the actual state of the finances of South Australia, it is indispensable to the suc- cessful administration of the local government that Her Majesty's Government should prescribe with all possible exactness the course to be pursued in the different departments engaged in the receipt and issue of the public money, and that the most precise regu- lations should be established regarding the custody, the accounting for, and auditing of the accounts of the public money ; especially is it requisite that some system, sanctioned by the highest authority on such subjects in this kingdom, should be prescribed with regard to the purchase, custody, issue, and periodical surveys of stores consumed in the different departments. May Captain Grey expect to be provided with rules of this nature ; and, to secure his fuU understanding of the object of any such rules, could he be brought into personal communication respecting them with the Commissioners for Auditing the Public Accounts ? 3. The subject of most urgent importance, in connexion with South Australia, is the means of providing for the public debt ; this remark is not made so much in reference to the principal of the debt as with reference to the interest ; the first is a topic on which, as Captain Grey presumes, nothing can be settled, even provisionally, until the meeting of Parhament, and the close of the proposed Parliamentary inquiry ; but long before the results of this inquiry can be known in the colony, it may become inevitable that the local govern- ment should act in some way or other on the subject of the accumulating interest. In the absence of any complete accounts, the extent of this charge can be stated only with a general approach to accuracy. But if the entire revenue from taxes and duties of every kind, be taken at 20,000 Z. per annum, leaving not more than 3,000 I, per annum of net income to meet the constantly accruing and increasing expenditure, is it designed that provision should be made for the payment of the whole or any part of this annual charge from the local revenue ? 0.21. r 4. If 136 APPENDIX TO REPORT FROM THE No. 78. If so, whence are to be derived the means of defraying the unavoidable expenses of the Captain Grey to local government ? If not, what language is to be held to the public creditor who may Lord Jolin Russell, demand from that government the payment of theh- annual claims. Whatever course 18 Nov. 1840. ^g taken, the increase of the debt in one way or other would seem a necessary result; " either money must be borrowed in aid of the expenditure, or an arrear of interest must be added to the principal; on which of these two methods is it designed that Captain Grey shall proceed during the interval which must elapse before the decision of Parliament can be known ? 4. The subject of special surveys is one of peculiar importance. Disclaiming any pre- tension to entire accuracy. Captain Grey would state this question as follows : By a ' special survey' is meant, that when any man or body of men purchase at once 4,000 acres, great and extraordinary advantages are connected with the purchase. The parties select a tract of 16,000 acres, in any locality which they prefer ; all those acres are surveyed by the Government. From the lands so surveyed the purchasers select the 4,000 acres where they think best, cuUing the choicest lands and the best situations; and at any time within the first fortnight after the survey has been completed by the Government, they are at liberty to select in the same manner any further quantity of land in addition to the 4,000 acres, paying 1 1, for every acre so selected. This is often done in such a manner as to render the 11,000 acres, for which they do not pay, inaccessible to the future purchasers of them, and comparatively worthless to the Government ; virtually, therefore, the purchaser obtains the occupation of 11,000 acres more than he has paid for. This is an extreme, but a very possible supposition. The Government at present pay for this special survey not less than 2,500 1., to which is to be added other charges for contingent expenses. Thus the Government, in reality, give a purchaser 4,000 selected acres from a chosen tract of 15,000 acres, with the occupation of the remaining 11,000, or of a large part of them, in consideration of 4,000 1., nearly the whole of which is laid out in effecting the survey. The ruinous improvidence of this system cannot, however, be understood fully without observing further that the money has beeii actually paid for about 40 of these special sur- veys, and has been expended. Thus a new debt or obligation has been contracted, for of the 40 contracts of this kind, between 20 and 25 yet remain to be fulfilled. If the numbers be taken at 20, the local government will be bound to effect surveys of 20 times 15,000 acres; that is, of 300,000 acres. To accomplish this an expense must be incurred of S0,000 1., if it be supposed that the whole 4,000 Z. is expended on the special survey; or, abating to the utmost possible extent from that supposition, there is here a liability to be met of from 52,000 1, to 53,000 1, at least. Upon this state of facts Captain Grey would found the following questions. First, Are these special surveys a valid and legal execution of the terms of the South Australian Act of Parliament, and are they to be respected as engagements, which, however improvident, are yet binding, in point of law, on the Government ? Is any distinction to be made, in this respect, between those surveys which have been effected for the benefit of any persons con- nected with the Australian government, either in this country or in the colony, and surveys effected for the benefit of other persons ? Secondly, Is Captain Grey to proceed in fulfilhng past engagements of this kind ; if so, by what means is he to defray the expense of the required surveys? if not, in what terms is he to answer the demands of those whose money has been paid on the express promise that this should be done ? Thirdly, In cases where such special surveys have included districts of which the possession by the Government would seem indispensable to the general good of society (and there are many such cases), will Captain Grey have authority in any way to reclaim for the public at large the whole or any part of the districts so alienated ? Fourthly, Is the system of special surveys to be pro- hibited and discontinued for the future ? Fifthly, In reference to such surveys, contracted for but not yet executed, is the local government free to insist upon the lands being taken m such places as will not be required for the general good of society, and in blocks of any exact and definite form. Hitherto the blocks would appear to have been taken with no other consideration but the interest of the purchasers ; as, for example, in a line along a river, with a liberty of embracing both banks of the river, or 12 miles in length by two in depth. Supposing the system to be continued in regard to the existing contracts, how far is Captain Grey at liberty to resist such a construction and execution of such contracts as this, and is he, as at present, to allow a block of 15,000 acres, which has once been selected, to be exchanged tor another ? 5. There are various public buildings in progress in the colony ; they have been under- taken on the supposition that the past rate of expenditure would be continued. What is to be done regardmg them ? If left incomplete, the past expenditure will be thrown away ; if completed, a new and very burthensome expenditure must be incurred. Will Captain Grey be at liberty to sell any of these buildings which he may find not to be indispensable? Will he be at liberty to continue any of them with a view to prevent dilapidation, even though the building Itself might not be absolutely required for the public service ? 6. The house erected for the residence of the governor is on so large a scale, that Captaia Urey could not, without extreme imprudence, inhabit it on the official income assigned to him. SELECT COMMITTEE ON SOUTH AUSTRALIA. 137 him. The inevitable charge of furnishing and providing a proper establishment for the -, ': °p^ * . occupation of such a building would leave him with scarcely any residue for his personal ^ L j„j,p Russell and domestic expenses. Is Captain Grey at liberty to devote the government-house to any jg jjoy. 184.0. ' other public objects to which it may be adapted ; and may he, in exchange for it, hire ' at the public expense a much smaller and more moderate residence for his own occupation as governor 1 Captain Grey is convinced that Lord John Russell will consider this ques- tion as one in which not merely the interest of the governor himself, but those of the colony at large are invglved. ' 7. It appears that the salaries of various public officers have been increased without the sanction of the Government in this country. Captain Grey would be glad to be infonned what course it is intended to pursue with reference to this subject. 8. It appears that various public oflfices have been created without the sanction of the Government in this country. Is Captain Grey to abolish these offices, or is he to be in- vested with any discretion on the subject? 9. With a view of reHeving the public revenue, and of promoting public spirit and good government, Captain Grey would wish to devolve, as far as possible, on the inhabitants of towns the management and the charge of their local concerns ; on the inhabitants of rural districts the formation and management of roads, &c. ; and on private associations the erec- tion and maintenance of wharves and other public works of that kind. Is he at liberty, with this view, to create corporate bodies, whether municipal or otherwise, and to invest such bodies with the power of imposing rates and assessments, and with the power of levy- ing wharfage and other dues 1 10. In the administration of the government of South Australia, no question is more replete with difficulty than that of the police establishment. The vicinity of the convict colonies renders the maintenance of a large poUce inevitable ; and such is the value of labour, and the high price of provisions, that the expense is exceedingly great, not less, probably, than 5 s. 6 d. per diem for each man. In New South Wales this duty is per- formed by the military quartered there, each man receiving a small remuneration in addition to his regimental pay for these civil duties. The difference, both in economy and efficiency, is greatly in favour of the plan of employing the soldiers. Would it be possible to afford to South Australia this relief by sending a detachment of troops thither ? 11. Captain Grey understands it to be the wish of the Government, as it is entirely in accordance with his own wishes, that he should live at South Austraha with the utmost plainness and frugality. He is strongly impressed with the importance of the governor affording such an example to society at large. It will be his endeavour to accomplish this ; but with every practicable effort it may prove impossible to confine the unavoidable expen- diture of the most moderate establishment of a governor within the limits now assigned to that office. Should this anticipation be verified, and should Captain Grey be compelled to apply for an increase of his salary, to enable him to maintain the common decencies of life, —an application which he will certainly not make without necessity, — he trusts that the intimation now given that such a necessity may possibly arise, will be received as of weiight hereafter, if he should be constrained to apply for such an increase of his salary, retrospec tively as well as prospectively. — No. 79. — Copy of a LETTER from J. Stephen, Esq. to C. E. Trevelyan, Esq. Sir, Downing-street, 27 November 1840. No. 79. By the direction of Lord John Russell, I transmit to you, for the information of the Lords q £ Xrevelvaii Commissioners of the Treasury, the copy of a letter which his Lordship has received from Esq." ' Captain Grey, the new Governor of South Australia, with an extract from the enclosure to 27 Nov. 1840. that letter, which extract comprises seven paragraphs, those distinguished by the numbers 2, 3, 5, 6, 7, 8, and 11. Lord John Russell directs me to request that you would move the Lords Commis- sioners to instruct the Commissioners for Auditing the Public Accounts to prepare, for their Lordships' consideration, the financial instructions solicited by Captain Grey, in the paragraph numbered 2, and to appoint a time at which Captain Grey could enter into personal communication with them on the subject. Lord John Russell would further wish to be informed what are the instructions which the Lords Commissioners of the Treasury would wish to have addressed to Captain Grey, in reference to the paragraph numbered 3 in the enclosure, on the subject of the application of the local revenue during the interval which must elapse before that officer can be apprised of the results of the proposed Parliamentary inquiry. 0.21. s With 138 APPENDIX TO REPORT FROM THE Esq. 37 Nov. 1840. Wl+li rPtrard to the questions proposed by Captain Grey in the paragraphs numbered N°- 79. , ^T « StoL Russell proposes, with the concurrence of the Lords of the Treasury, to J. Stephen, Esq. to 5 and 6, ■^o'^* ^ ?™ ^ ^ g^U ^^ to let any public buildings which he may find not to be C.E.Trevelyan, authorize Captam Grey to seu^r ^o devote to any other public objects to which it mdispensab e f°^ *^ P'^Jf ^^7^ ^^X^^^ the residence o'f the governor, aid to procure for may be better adapted ^f !^T^ T^^^ and more moderate resfdence for his own occupa- himself as he Fopos^^' ^ TpwThe Lords of the Treasury that Captain Grey's description tion. It may be right ^ apP"se t^e ^°^J^ j ^^ ^^^ ^on report, but as the result of his o^ifpXnlTrrSrin^^^^^^^^^^^ A-trali^for some weeks, at about the commencement of the present year. ^ ,, ij r „ fx.. +1,0 rlpnkinn of the Lords Commissioners of the Lord John Russell ^^^^^ f ^^^^J^*^^^^ numbered 7 and 8, Treasury the questions proposed ^y ^n^sSs and of^public offices in the colony. So on this subject. With the concurrence of the Lords of the Treasury, Lord John Russell proposes, in reflen'ce t thTjrgraph No. 11 in the enclosure, to f «- ^apjm ^^^^^^^^ can be held out to him of any increase of his salary; but that it he sliouia nereaner nna that the neceTsty which he anticipates as possible has actually arisen, all due weight will then be giveTto thlintimation which he has now made that such an exigency may, perhaps, ^'^^- I have, &c. (signed) Jas. Stephen. No. 80. J. Stephen, Esq. to the South Austra- lian Commis- sioners, 27 Nov. 1840. — No. 80. — Copy of a LETTER from J. Stephen, Esq. to the South Australian Commissioners. Gentlemen Dovming-street, 27 November 1840. I AM directed by Lord John Russell to transmit to you the copy of a letter which his Lordship has received from Captain Grey, the new governor of South Austraha, with a copy of the enclosure to that letter. His Lordship directs me to call your early attention to paragraphs numbered 1 and 4 of that enclosure. With regard to the questions proposed in paragraph No. 1, as to the manner in which Captain Grrey's official correspondence should be conducted. Lord John Russell would wish to receive any suggestions which you may have to offer, before he answers Captain Grey*s inquiries. With regard to the subject of special surveys, noticed in paragraph No. 4, Lord John Russell would wish to be apprised whether the information which you possess corresponds with that which Captain Grey has obtained, and has now reported ; and his Lordship would especially wish to know how far Captain^Grey is rightly informed that some such surveys have been effected for the benefit of persons connected with the South Austrahan govern- ment either in this country or in the colony. I have, &c. (signed) J. Stephen. No. 81. C. E. Trevelyan, Esq. to J. Stephen, Esq. 5 Dec. 1840. — No. 81. — Copy of a LETTER from C. E. Trevelyan, Esq. to J. Stephen, Esq. Sir, Treasury Chambers, 5 December 1840. Having laid before the Lords Commissioners of Her Majesty's Treasury your letter, dated 27th ultimo, enclosing copy of one from Captain Grey, the new governor of South Australia, with its accompanying statement, relating to his instructions as to the mode of conducting the accounts of that colony, I am commanded to request that you will state to Lord John Russell, that my Lords have desired the Commissioners of Audit to reconsider and revise the several sets of instructions to the governor and resident commissioner, the treasurer, the auditor-general, and the colonial storekeeper in South Austraha, which had been approved by the letters addressed by direction of this Board to you on the 14th June and 21st September 1838, and were forwarded, as my Lords presume, by the Colonization Commis- sioners for the guidance of those functionaries in matters relating to the financial arrange- ments and accounts of the settlement. But SELECT COMMITTEE ON SOUTH AUSTRALIA. 139 But you will at the same time observe to Lord John Russell, that the instructions in No. 81. question appear to my Lords to have been suiEciently specific, if properly attended to and C. E. Trevelyan, complied with, to have prevented most of the irregular proceedings on the part of the Esq. to J. Stephen, colonial officers in South Australia which have recently been brought under the notice of ^^1- Her Majesty's Government, and that these irregularities are rather to be attributed to dis- 5 Dec. 1840. regard of the instructions which had been given, than to any absence of sufficient regula- — — — tions for the guidance either of the governor or of the other parties concerned. With respect to the further questions submitted by Captain Grey, you will, in the first place, state to Lord J. Russell, that, as the colonial debt, and the means of liquidatinff or securing both the principal and interest of it, will necessarily form a prominent object of the contemplated Parliamentary inquiry, my Lords cannot anticipate any circumstances which should make it either necessary or advisable that the local government should adopt any proceedings with respect to that debt until the determination of Parliament is made known. In the meantime, however, although the interest is chargeable, under the existing law, on the colonial revenue, my Lords apprehend that this revenue must, in the first instance, be applied to defray the unavoidable current expenses of the government for which no other provision is made ; but it will be the bounden duty of the governor to use every endeavour, by economizing that revenue in every practicable manner, as well as by relieving it of all partial municipal charges, which should be provided for by specific rates to obtain a surplus beyond the abovementioned expenses, which may be available for the interest on the debt. My Lords see no reason to object to the sale or letting of any of the public buildings adverted to by Captain Grey, which are not required for the real exigencies of the pubhc service. Care should, however, be taken not to alienate irreclaimably such buildings as the probable increase of settlers maybe likely shortly to render necessary for the public service; but, at the same time, all further outlay on the buildings which may have been undertaken should be suspended, except in so far as may be necessary to prevent actual dilapidation. My Lords do not object to the proposed appropriation of the house that has been erected for the governor to any other public purpose for which it may be adapted, but their assent for incurring any expense for the hire of another house for the governor's residence, can only be contingent upon the impracticability of finding suitable quarters in such of the pubhc buildings as are to be retained, or cannot be disposed of. As regards the additions to pubhc salaries, or the creation of new offices, without due sanction of the superior authority in this country, my Lords apprehend that the most ad- visable regulation is that by which they conceive the colonial service to be usually governed, viz. that the authorized and assigned salaries of public officers should not be increased, either directly or indirectly, without the previous sanction of the Home Government ; and that, should it become necessary on emergency to make arrangements for the performance of some public duty not previously provided for, and which cannot be devolved on any person already in the public employ ,.or should additional subordinate assistance be required in any established department, the appointments should be in every respect temporary, and upon the most economical scale that may be consistent with the object in view. You will therefore suggest to Lord J. Russell that Captain Grey should be instructed to revise the appointments that may have been made in South Australia to which the 7th and 8th heads of his inquiry refer vrith reference to this ride, abohshing all those new offices that can be dispensed with, and suspending the issue of any additional or increased rates of salary or allowance which have been granted in the colony without due sanction from this country. You will also, in conclusion, further state to Lord John Russell, that my Lords concur in opinion with his Lordship that no prospect of increase to the rate of salary at present assigned for the governor of South Australia can be held out to Captain Grey. I am, &c. (signed) C. E. Trevelyan. U2I. 52 140 APPENDIX TO REPORT FROM THE — No.; 82. — Copy of a LETTER from E. Torrens, Esq. and the Hon. E. E. Villiers, „ _, ^'''- ^\ to J. Stephen, Esq. It. lorrens, Esq. ■* and the Hon. South Australian Colonization Office, E. E. Villiers to gjj. 9^ Park-street, Westminster, 11 December 1840. J. Stephen, Esq. j^^ reference to your letter of the 27th ultimo, enclosing a copy of a letter from Captain 11 Dec. 1840. Grey, the new Governor of South Austraha, with a minute embodying, certain queries, to which he is desirous of receiving answers before he assumes his duties, and drawing our attention more especially to the first and fourth of those inquiries, we do ourselves the honour to enclose, for Lord John Russell's information, a memorandum containing our views upon the subject of those two questions, together with a few observations that occur- red to us upon some of the other heads of Captain Grey's Minute. We have, &c. (signed) Robt. Torrens. Edward E. Villiers. Memorandum on Captain Grey'& Minute. In the following Memorandum it is proposed to begin with noticing the first and fourth heads of this Minute, to which the attention of the Commissioners has been more particu- larly called, and then to subjoin a few remarks on some other paragraphs. 1. Before the oflB.ce of Governor was united with that of Resident Commissioner, the Go- vernor held no ofiicial communication with the Colonization Commissioners, and directed his correspondence exclusively to the Secretary of State ; subsequently, when the Governor received the appointment of Resident Commissioner, and thus became bound to act under the orders of the Board, the Commissioners delegated to him their authority in the colony, and he then addressed his correspondence to the Commissioners on all subjects connected with the exercise of those powers which, by the South Australian Act, are placed under the control of the Colonization Commission ; but he never in his character of Governor has held any official communication with the Commissioners. . The matters over which the authority of the Commissioners extends are sufficiently defined. By the Act for erecting South Australia into a British province, the surveys, the sale of public lands, the letting of pas- turages, and the application of the purchase-money and of the rent for the same, are confided to the Colonization Commissioners ; and by the provisions of the same Act, as interpreted by the law officers of the Crown, the application of the revenue fund, as well as of the land fund, vests in the Commissioners. Upon the recommendation, moreover, of the Commis- sioners, the financial administration, which in other colonies was given to the Governor as Governor, was, in the case of South Australia, given to that officer as Resident Commis- sioner, in order that he might receive instructions upon the subject from the Commissioners. In reply, therefore, to the first head of the Minute, it may be stated, that the Act authorizes the Commissioners to delegate their powers to any person or persons resident in the colony, and the party so appointed has consequently to address his correspondence to them on subjects relating to the disposal of public land and to the disbursements of the land and revenue funds. The correspondence of the Governor on subjects pertaining to the exercise of his executive and legislative functions is addressed in South Australia, as in all other colonies, to the Secretary of State for the Colonial Department. Such is the practice under the existing constitution of the colony, and this practice must. It is presumed, continue so long as that constitution i-emains unaltered. No doubt a change is probable in this respect, and the present Commissioners have more than once had occa- sion to submit that several of their functions are of an anomalous nature ; but the alterations to be made must depend on the result of the proposed Parliamentary inquiry, and it is im- possible to anticipate the instructions that may then be required on the'head of correspon- dence. The proper directions on that subject can only be issued when the arrangements, on which they are contingent, shall be made. It may be observed, however, that in the mean- while it will probably be expedient to transmit the despatches addressed to this commission more frequently than heretofore to the Colonial Office. 4. With respect to the system of special surveys, it appears to be necessary, before enter- ing upon the several questions which have been raised regarding it, that there should be presented a distinct statement of what that system, as laid down in the instructions of the late Commissioners, actually is. Under the rules and regulations for the disposal of public land in South Australia, any person or body of persons who may pay in advance, either in this country or in the colony, the price of 4,000 acres, may call upon the Resident Commissioner to direct the survey of a compact district of land, of 16,000 acres, in any part of the province which the purchaser or purchasers may select. This compact district is to be divided into 200 sec- tions of 80 acres each, and out of these 200 sections the purchaser is at liberty' to select 50 sections, or 4,000 acres, but in such manner as not to acquire an extent of water fron- tage exceeding two miles. The purchaser has also, for the space of 14 days after the survey IS completed, the right of pre-emption over the whole of the remainder of the compact -district, from which he may take any number of 80-acre sections at the uniform price fixed tor public land. And should the purchasers of a special survey be desirous of establishing a secondary SELECT COMMITTEE ON SOUTH AUSTRALIA. 141 a secondary town therein, the site of such town is to be mapped and marked out by the No. 82. surveyor-general at the pubhc expense, in such manner as may be agreed upon by the R. Torrens, Esq. purchasers and the Resident Commissioner ; the spaces required for the streets and other and the Hon. pubhc purposes not being included as part of the 4,000 acres, and reserves being made E' ^* Vilhera, to securing to the public in all cases free communication with the coasts, rivers, lakes and "'• ^sp"^"» "*1' chains of pools. Such is the system of special surveys as established by the last regula- ^^ ec. 1 4 . tions of the Commissioners, dated 25th October 1839 ; and the manner in which the Com- missiohers intended it should be carried out in the colony will be best exemplified by a reference to a late peculiar land order, entitling the holder to a special survey., A copy of - this is accordingly enclosed herewith. There is also added a copy of the printed regula- ^ tions of the Commissioners for the disposal of land. It is right, however, to mention that though the regulations under which almost, if not quite, all of these special surveys have been taken, required that all surveyed lands should be divided into sections of 80 acres, and that the special survey should be taken from a compact district, yet they did not provide any restriction of water frontage. It will be observed, then, that the objections urged in the minute are applicable not so much to the system itself, as laid down in the existing regulations of the Commissioners, as in a hmited degree to the early regulations, and more especially to the manner in which, in violation of these regulations, the system, as is alleged, has been carried into practical effect. It is stated in the mmute that when the Government gives a purchaser 4,000 acres, from a chosen tract of 15,000 acres, in consideration of 4,000 Z., nearly the whole of the purchase-money is laid out in effecting the survey. Now this estimate may be correct as regards the expensive mode of survey practised in the colony, but it is altogether incorrect as regards the plan of a running survey prescribed by the Commissioners. This plan, which was arranged and decided on after repeated consultations with the officers charged with the ordnance survey in this country, is detailed and exemplified by a diagram in the Third Annual Report. A new surveyor-general was employed to carry the plan into opera- tion, and that officer agreed to an .estimate made by Captain Stotherd, R. E., to the effect that not less than 400,000 acres could be surveyed in 12 months, with a staff consisting of 7 surveyors, 2 computers, 2 draftsmen and 30 labourers. It is next objected to the system of special surveys, that it enables the purchaser of 4,000 acres so to select his land as to secure the possession of the whole district of 15,000 acres from which his choice is made, by rendering the 11,000 acres which remain inacces- sible to the future purchasers of them. This would be impracticable were the regulations adhered to. Under these regulations, spaces for roads are everywhere reserved ; a road must adjoin every section of 80 acres, and free access is secured to rivers, lakes, and chains of pools; and it would therefore be impracticable, were these regulations adhered to, for the purchaser of a special survey to establish a monopoly over the district from which his 4,000 acres might be selected ; because the purchaser of a single 80-acre section in that district would not only have a right of road, and of access to the nearest waters, but would possess the selfsame facihties as might be possessed by the larger purchaser, of driving his flocks without authority over the unappropriated portions of the district upon which his land abutted. The state of the facts, as connected with the system of special surveys, being thus explained, there remain for consideration the specific questions relative to that system which are contained in the minute referred to the commissioners. It is asked, " Are these special surveys a valid and legal execution of the terms of the South Australian Act of Parliament, and are they to be respected as engagements which, however improvident, are yet binding in point of law upon the Government ? " The answer to this question must be, that the South Australian Act empowers the Com- missioners to make orders and regulations for the surveying and sale of the public lands within the province, and that persons purchasing under the orders and regulations made pursuant to this Parliamentary authority acquire a Parliamentary title to their lands, which cannot be legally disturbed. With respect to those cases in which the Governor and Resi- dent Commissioner may have alienated the public lands in a manner not conformable to the regulations prescribed by the Commissioners, it possibly may be right, though the Com- missioners are not prepared to express their opinion upon a legal question, to deal with such cases according to the rule which is applied to analogous cases (if any such exist), in which the governors of other colonies, in disposing of public land, do not conform to the instruc- tions of the Secretary of State for the Colonial Department. It is further asked, " In cases in which special surveys have included districts of which the possession by the Government would seem indispensable to the general good of society (and there are many such cases), will Captain Grey have authority in any way to reclaim, for the public at large, the whole or any part of the district so alienated?" On this question, it appears obvious that the right to property, when once acquired, must be held as sacred in South Australia as in this country. Should this be a correct view of the case, it would seem to follow, as a necessary conclu- sion, that when land which has once been alienated is required for the use of the public, the resumption cannot be effected, except by an Act of the Colonial Legislature authorizing the purchase, at a price awarded by a jury. It is next asked, in reference to surveys contracted for, but not executed, " Is the local government free to insist upon the lands being taken in such places as will not be required for the general good of society, and in blocks of any exact and definite form ? " 0.21. S3 This 142 APPENDIX TO REPORT FROM THE vr 82 The first branch of this question is answered by the first South Australian Act. The R Torrens Esa 6th section of that Act provides, that all the lands of the province shall be open to purchase and the Hon. by British subjects, with the exception only of portions which may be reserved for roads E E. Villiers.to and footpaths. No reserves other than those specified in the Act can be legally made. The J." Stephen, Esq. Governor, however, may purchase, at the fixed uniform price, lands required for public use, 11 Dec. 1840. This was the course pursued with respect to the park land round Adelaide, and which it is '■ conceived must be pursued in all similar cases, so long as the Act remains unrepealed. With respect to the second branch of the question, the regulation states, that the par- chaser of 4,000 acres may call upon the Resident Commissioner to cause the survey of a compact district of 16,000 acres; but nothing contained in the land regulations goes to imply that the Resident Commissioner is to allow the purchaser to determine what the form of the district shall be. It is the duty of the surveyor-general under the Resident Commis- sioner to determine this. A compact district, as the Commissioners understand the term, is an area the boundaries of which are as nearly equidistant from a common centre as the natural features of the country will admit. It is competent, therefore, to the representa- tive of the Commissioners in the colony to determine in each particular locality the precise form of the compact district from which the 50 sections of 80 acres each are to be selected ^ Question.—" Is Captain Grey to proceed in fulfilling past engagements of this kind" [as regards special surveys] ; " if so, by what means is he to defray the expense of the required surveys ? If not, in what terms is he to answer the demands of those whose money has been paid on the express promise that this should be done r " It is essential that the representative of the Commissioners should proceed with all prac- ticable expedition to fulfil all engagements duly made under their authority. It will pro- bably be found necessary to discharge the whole of the supernumerary surveyors (except, perhaps, Capt. Finniss) engaged by Colonel Gawler, and to proceed with the staff sent out from this country under Lieutenant Frome, and, on the plan of a running survey, to mea- sure off the districts in which special surveys may have been contracted for, but not com- pleted. The pay and allowances of Lieutenant Frome, and the (detachment of sappers and miners under his command, must, under any circumstances, be supplied either from the colonial revenue or by Parliament. The purchasers of unexecuted special surveys should be told that the conditions under which their money was paid will be fulfilled with all practicable expedition. Question.— " Hhhexto the blocks would appear to have been taken with no other consi- deration but the interest of the purchasers ; as, for example, in a line along a river, with the liberty of embracing both banks of the river, or twelve miles in length by two in depth. Supposing the system to be continued in regard to the existing contracts, how far is Captain Grey at liberty to resist such a construction and execution of such contracts as this, and is he at liberty to allow a block of 15,000 acres, which has once been selected, to be exchanged for another?" There have been two sets of regulations, as above alluded to, on special surveys, and each order for a survey has contained conditions set forth upon the face of it. Good faith requires that no contract executed in pursuance of the regulations in force when the purchase was made, and of the conditions in the land order, should be violated ; but on the other hand contracts still incomplete should not, it is apprehended, be executed in contravention of any conditions stipulated by the Commissioners for the security of the public. The represen- tative of the Commissioners may exercise his discretion with regard to allowing a district once selected for a special survey to be exchanged for another, provided the exchange should occasion no additional expense to the survey department. Question.—" Is any distinction to be made in this respect" [that of considering special surveys as engagements binding in point of law] "between those surveys which have been effected for the benefit of any persons connected with the Australian Government, either in this country or in the colony, and surveys effected for the benefit of other persons ? " It does not appear by the records of the commission that any discouragement was ever held out to the purchase of land by public officers, but rather on the contrary. And they consequently became purchasers of land orders at the preliminary sales, which land orders gave to the holders priority of selection in the surveyed districts open for settlement, over all subsequent purchasers. When Colonel Gawler reached the colony, the surveys were so little advanced that the holders of preliminary land orders had not been able to exercise the right of priority of choice to which they were entitled, and until their claims should be satisfied the numerous settlers arriving in the colony, many of whom had purchased ordinary land oi-ders in this country, could not get possession of their locations even in the districts in which the surveys had been partially effected. Capitalists who came to settle were about to abandon the province, and purchasers who could not obtain possession of their land were about to proceed against the Commissioners for non-fulfilment of their contracts when Colonel Gawler surmounted the difficulty which threatened the ruin of the colony, by allowing the holders of land orders, whether preliminary or ordinary, to club together for special surveys. The first plan was, to receive the price of a special survey one half in money and one half in land orders. But the Commissioners, desirous of terminating as speedily as possible the inconvenience and delay occasioned to the inflowing settlers by the prior claims of the holders of preliminary land orders, instructed Colonel Gawler to receive land orders without limit or distinction in the purchase of special surveys. Under the circumstances now detailed, many persons connected with the government of bouth Australia have not only become purchasers of land in the ordinary way, but have, as there SELECT COMMITTEE ON SOUTH AUSTRALIA. 143 there is reason to believe, taken part in some of ttie special surveys, by clubbing as well with their land orders as with their money. These facts, a knowledge of which seems necessary to a full understanding of the case, being referred to, there remains for consideration the question raised in the Minute, whether any distinction should be made between the validity of those contracts for special surveys in which persons connected with the Government have taken part, and those other con- tracts for special surveys in which persons connected^with the Government have not par- ticipated. It has been the general practice in the establishment of colonies to unite the governing bodies with the provinces placed under their control, by giving them a proprietary interest therein. On the establishment of the early British settlements in North America, the persons con- nected with their government, whether in this country or in the colonies themselves, appear to have been made the sole proprietors of the soil. In the more recent instance of Western Australia, the Governor obtained a large grant of land, and, as we understand, even claims a further right to an indefinite extension of territory at the rate of 1 s. 6 d. per acre, for whatever capital he might introduce into the colony. In the still more recent case in which the Secretary of State for the Colonies offered a charter of Government, on the model of the charters granted in the 16th and 17th centuries, to the New Zealand Asso- ciation, for the government and settlement of the projected colony in those islands, that offer was accompanied by the express and indispensable condition, that the directors of the governing company should take a proprietary interest in its proceedings. With this con- dition the directors refused compliance, and in consequence of that refusal the offer of a governing charter was withdrawn by the Colonial Department. Such having been the practice of the Home Government with respect to giving the governing authorities of new^ settlements a proprietary interest, through grant or purchase, in the lands of the provinces placed under their control, the Commissioners are unable to discover, upon a general view of the question, any grounds for dealing with the contracts for special surveys in which persons connected with the Government of South Australia may have taken part, upon principles different from those upon which other similar contracts may be dealt with. In saying this the Commissioners of course assume that the special surveys in which persons connected with the Government may have taken part, have been conducted in a fair,'open, and impartial manner, and that no oflacial authority has been used to obtain, for persons connected with the Government, any benefit or advantage not common to all other persons participating in special surveys. The question, however, under consideration, viz. whether any distinction as regards theirvalidity is to be made between the special surveys which have been undertaken for the benefit of persons connected with the Government, and those which have been undertaken for the benefit of other persons, may be meant to imply that the instructions of the Commissioners for the regulation of special surveys have been improperly departed from, for the purpose of benefiting persons connected with the Govern- ment. If any grounds are known to exist for implying a charge of this nature, the course which it will be the duty of the Governor to pursue is to collect the requisite evidence for substantiating the facts, and to report the same to the Secretary of State for the Colonial Department. Question. — " Is the system of special surveys to be prohibited and discontinued for the future?" By the system of special surveys the Commissioners, of course, understand the system as laid down by their existing regulations, and not as it existed previously to those regula- tions, and as it is alleged to have been administered in the colony. In endeavouring, then, to form a correct opinion as to the expediency of abolishing this system, it will be necessary to consider how far it is calculated to give speculators in land the power of acquiring an undue extent of water frontage. In South Australia the laud is measured off in sections of an eighth of a square mile each, the sections being parallelo- grams, half a mile in length, and a quarter of a mile in breadth, and consequently the least extent of water frontage which 50 sections on the banks of a river can occupy is X3 ^ miles. Under the ordinary surveys, when a district containing 50 sections, abutting on a lake or stream, is declared open for selection, the first person, or body of persons, who may tender for the whole of these sections becomes the purchaser, and thus secures 12 | miles of water frontage. Under the special survey system, as that system is laid down in the existing regulations, any person or body of persons, who may anticipate the progress of the ordinary surveys, and tender for 4,000 acres in a district adjoining a lake or river, must select the sections in such a way that not more than eight out of the 50 shall abut upon the water. Purchasers of 4,000 acres, therefore, under the ordinary system, may acquire an extent of water frontage more than six times greater than that which can be acquired by the pur- chaser of 4,000 acres under the special system. In considering also the question of special surveys, it is most important to ascertain whether their tendency is to increase or to diminish the power of acquinng the occupancy of a greater quantity of land than that actually paid for. In South Australia the lands are so measured off, that to every section of 80 acres there is a right of road ; and the regulations prescribe that the public shall have a broad road or pathway upon the banks of every river, lake, or chain of pools. Now, if the district of 16,000 acres which may be chosen for a special survey, is measured off in the usual way, and if the regulations respecting access to its waters be observed, it is obviously impossible that the purchaser of the first 4,000 acres should so select his sections as to secure to himself the occupancy of the remainder of the district. For any person purchasing an 80-acre section in the district, and having a right of o.'2z. s 4 way No. 82. R. Torrens, Esq. and the Hon. E KVilliers, to J. Stephen, Esq. 11 Dec, 1840. 144 APPENDIX TO REPORT FROM THE No. 82, R. Toireiis, Esqi and the Hon. E, E. Villiers, to J. Stephen, Esq. 11 Dec. 1840. way 10 the nearest river, lake, or chain of pools, would have the same facility for occupying the unalienated land of the district as that possessed by the purchaser of the special ^" Bui it is unnecessary to pursue this subject further. Many more considerations might be mentioned to show that the theory of the system of special surveys, could it be efficiently enforced is not open to the unmixed condemnation which has been pronounced upon itj and also'that upon the head of expense, the loss it occasions would not appear, from official reports to be so great, nor so certain, as has been assumed; but we can readily beheve that the system mieht always be liable to abuse in practice. For this reason the Commissioners did not recommend that it should be adopted in Port Phillip, but suggested only a very qualified measure of the kind ; and the opinion of the Commissioners is, that the bestcourse will be to assimilate the rules on this point, in South Australia, to those recently sanctioned for the Port Phillip district. It only now remains to add a few remarks that have occurred to the Commissioners on other pa'raOTaphs besides the first and fourth. 2. The second relates to the necessity of Her Majesty's Government prescribing, with all possible exactness, the course to be pursued with regard to the receipt and issue of the public money, and of establishing, under the highest authority in this kingdom, the most precise regulations regarding the custody, and the accounting for and auditing of the accounts of the public monies, as well as with regard to the purchase, custody, issue, and periodical survey of the stores consumed in the several departments. On this subject it is to be observed, that financial regulations have already been established, under the sanction of the highest authority. The tliird annual report of the late Commissioners contains exact and definite financial instructions to the Resident Commissioner, to the colonial treasurer, to the colonial storekeeper, and to the colonial auditors, regarding the public monies, the public stores, and the public accounts. These instructions were framed by the Commissioners of Audit, and were approved and sanctioned by the Lords of the Treasury. Should the financial instructions already transmitted to the colony, under the authority just specified, appear, in any particular, to be ambiguous or imperfect, or to require alter- ation under the altered circumstances which have since arisen, it cannot, it is apprehended, be open to any objection that the officer who is to fill the situation of Governor should be authorized to communicate on the subject with the Commissioners of Audit, or with any of the financial departments of Her Majesty's Government. 3. It is observed in the third head of the Minute referred to the Commissioners, that though the means of providing for the principal of the public debt of the colony is a topic, upon which nothing can be even provisionally settled until after the meeting of Parlia- ment, and the close of the proposed Parliamentary inquiry, yet that long before the result of that inquiry can be known in the colony, it may become inevitable that the local governmeni should act on the subject of the accumulating interest. In reply to this obser- vation, it is to be remarked that the interest of the debt is paid in this country by the Colonization Commissioners ; that the temporary advances which the Commissioners hope shortly to receive in anticipation of the proposed loan, will enable them to pay the interest falling due on the colonial revenue bonds in January next, and that it is to be expected that before the next half year's interest upon the bonds shall have become due, Parlia- ment will have decided the several important questions connected with the finances of South Australia. Under these circumstances it may be considered as improbable that the local govern- ment will be called upon until after the decision of the Parliamentary inquiry shall be known in the colony, to act in any way upon the subject of the accumulating interest in consequence of the public creditors demanding from that government the payment of their annual claims. There remains, however, one question upon which it is indispensably necessary that an immediate decision should be taken. The question alluded to, as stated in the Minute, is, "whence are to be derived the means of defraying the unavoidable expenses of the local government?" It appears from the latest accounts which have been received from the colony, that the revenues accruing from duties and taxes were yielding during the quarter ended 31st March last, at the rate of nearly 30,000/. per annum, the exact amount for the quarter being 7>37i ^- 5*' 4d. It is not to be expected that this amount of revenue can continue to be realized during the revulsion and stagnation consequent upon the cessation of the colonial extravagant expenditure and the suspension of immigration. At the same time it is neither easy to calculate the amount of the I'alling off, nor the period for which it will last. All that can at the present moment be said upon the subject is, that, while on the one hand there are ihe unfavourable circumstances above stated, on the other hand- a considerable amount of wealth and fixed capital exist in the colony. In the accounts of the colonial newspapers, it is stated that there are upwards of 150,000 sheep, and that additional flocks were on their road from New South Wales ; and cultivation is also understood to be extend- ing itself over the most fertile districts of the colony. The interest upon the loans contracted by the Colonization Commissioners may be taken in round numbers at 7,000 1, per annum, and the interest of the loan of 1 20,000 /. about to be raised under the guarantee of Parliament, calculating it as certainly not exceeding the rate of five per cent., may be estimated at 6,000/. per annum. The whole annual charge for which the colony will be liable on account of the interest of the public debt, would thus appear to approach 13,000 /, Deducting the amount of this charge from the colonial revenue, if we could assume that it would remain at the rate of 30,000/., there would be left more than 17,000/. per annum available for the expenses of the local government. As SELECT COMMITTEE ON SOUTH AUSTRALIA. 145 As it has been just stated, however, doubts must he felt as to the existing scale continuing No. S2. to yield the full sum which has been named as applicable to the local government, and other R. Torrens, Esq. sources of revenue should, the Commissioners conceive, be opened. One of the earliest and the Hon. measures of the late Board was to require that the then Resident Commissioner, who is E. E. Villiers, to. represented to have been an able solicitor, should himself prepare, in conjunction with two J- Stephen, Esq. conveyancers, a registration code, under which the fees upon the transfer of property, while ^^ "^'^' iHO- costing to the purchaser less than deeds of conveyance in this country, might become an — ^— — inportant source of public revenue. Should a registration Act, founded upon the principle now stated, have not already passed the Council, the Commissioners would recommend that the three colonial Acts which were prepared and printed in this country before the depar- ture of the first Governor should be forthwith proposed to the Council, with such modifica- tions as experience and the actual circumstances which have arisen may suggest. Under the proposed system of registration, the fees paid upon the transfer of property might be expected to yield an important addition to the public revenue. The Commissioners would further recommend, as another source of additional revenue, the imposition of an uniform rate upon all appropriated land, whether under cultivation or left in an unimproved state. A tax of this nature seems peculiarly equitable in a country like South Australia, in which a considerable portion of land is held by absentee pro- prietors, who cannot otherwise be made to contribute towards the expenses of the local government, and who leave their land in an uncultivated condition. A land-tax of 3d. per acre on the 300,000 appropriated acres would yield an additional revenue of 3,750 1. But though the sources of revenue now enumerated should ultimately be found sufficient to defray the expenses of the local government, economically administered, yet it may never- theless be necessary that the new Governor should be furnished with the means of carrying on the public service during the financial crisis which must already have commenced. Claims, however, arising from outstanding legitimate contracts entered into by his prede- cessors, must, it is apprehended, be postponed in the same way in which the recent bills drawn by Colonel Gawler have already been dealt with. 6. With respect to the question relating to the Government House, the Commissioners conceive that the best course which they can pursue is to forward, for the inspection of Lord John Russell, the plans giving the elevation and the dimensions of that house, which 2 p/g^, have been sent from the colony. His Lordship will then have the means of deciding whether io ^g ^' '^Suesforf it will be desirable that the Governor should retain it as his residence. Should the decision ^"'^"-■S^^Qerf. of his Lordship be in the negative, it might, perhaps, be expedient to dispose of the house to the corporation of Adelaide for a court-house or town-hall, should it be suitable for that purpose. It is not impossible that the corporation might ofiFer such a price as would cover the expense of the erection of the house. 7 & 8. These heads relate to the unauthorized increaseof the salaries of certain officers in the colony, and the creation of new offices, without the sanction of the Government in this country. This is a subject upon which the Commissioners are preparing to report imme- diately to Lord John Russell. In the meantime they forward herewith a table of the different offices which existed in the colony to the end of the past year. The Return has not been sent from the colony in its present form, but it has been completed with as much accuracy as possible, from various documents transmitted from the colony. A distinction is drawn in this Return between the salaries which have been, and those which have not been, sanc- tioned by the Government of this country, and this distinction will also serve to point out the offices which have been created by the Governor upon his own authority. (signed) Robert Torrens. Edward E. Villiers. Land Oeder for Special Survey. (No. 213.) Part 1, In pursuance of the provisions of the Act 4 & 5 Will. 4, c. 95, intituled, " An Act to empower His Majesty to erect South Australia into a British Province or Provinces, and to provide for the Colonization and Government thereof," Sir Montague L. Chapman, of Killna Castle, county Westmeath, Ireland, baronet, hath paid for four thousand (4,000) acres of land, with a right of special survey and selection, as provided in the 9th article of theregulations of the Board of Commissioners for sales in England of colonial lands, which is as follows : "Any one who shall hereafter pay in advance to the proper officer, either in England or in the colony, the price of 4,000 acres (50 sections) of land, or upwards, shall have a right, for every 4,000 acres thus paid for, to call on the Colonial Commissioner to direct the survey and division, as nearly as may be, into sections of 80 acres each, of any compact district within the colony, of an extent not exceeding 16,000 acres, and within 14 days of the publication of such surveys at the Land Office, to select his sections from any part of such district before any other applicant, subject to the following limitation ; viz. that m case such compact district of 16,000 acres shall abut upon the sea-coast, or shall include or abut upon any lake, river, or chain of pools, then, in selecting his sections, the purchaser shall be restricted to a water frontage, not exceeding two miles for every 4,000 0-21. f acres 146 APPENDIX TO REPORT FROM THE No. 82. acres purchased, regard being always had to the reservations stipulated for by the 91I1 R. Torrens, Esq. article of the instructions to the Resident Commissioner (land including sales and surveys), and the Hon. dated 25th May 1838 ; i.e. 'In all surveys, the surveyor-general must reserve as a public E.E. Villiers, to road all land on the coast within not less than 100 feet of high-water mark; he must also J. Stephen, Esq. reserve a road at least 60 feet wide along each side of every navigable river, and around 11 Dec. 1840. every lake or sheet of water whose surface is not included in the estimated area of the adjoining section or sections.' If two parties should apply at the same time for the same survey, the decision between them shall be according to rule 5. " 2. The said Sir Montague L. Chapman, his heirs, agent or assigns, will be entitled, on demanding the said special survey, to indicate, within the district selected for such special survey, the site of a town, and to require that such site shall be mapped and marked out by the Commissioner's surveyors, and at the public expense, in such manner as may be mutually agreed upon beteen the Colonial Commissioner and the said Sir Montague L. Chapman, his heirs, a^ent or assigns; and in estimating the quantity of land which the said Sir Montague L. Chapman, his heirs, agent or assigns, will be entitled to select, the streets, squares, quays, public walks and places for pubHc buildings within the said site shall not be included; provided, however, that such site does not exceed, exclusive of streets, &c. 500 acres in the whole. " 3. The Commissioners will allow interest at the rate of four per cent, per annum on the amount of purchase-money, four thousand pounds, (4,000/.) from the date of its pay- ment to that of the demand for a special survey, provided that such period does not exceed 18 months. "4. Although it will be open to the Resident Commissioner and the said Sir Montague L. Chapman, his heirs, agent or assigns, to agree on one or more reserves for public quays^, if the public interest should appear to require it, in addition to those named in the igth article of the instructions to the surveyor-general, under date 9th March 1836, the Coloni- zation Commissioners will authorize the Resident Commissioner to relax the rule contained in the said 19th article, with a view of enabling private individuals to possess wharf land whenever this can be done without injury or inconvenience to the public "5. Now, therefore, upon demand by the said Sir Montague L. Chapman, his heirs, agent or assigns, you are to cause one special survey to be made, and to put the said Sir Mon- tague L. Chapman, his heirs, agent, or assigns into possession of the four thousand (4,000) acres which shall be selected out of such special survey by the said Sir Montague L. Chap- man, his heirs, agent or assigns, and to procure a grant thereof to be made to him,' his heirs, agent, or assigns, subject to the laws and regulations of the colony. " 6. This land order is issued in triplicate, and upon the presentation of either copy the others will become void." Given at London, this 24th day of July 1840. (L.s.) (signed) T. Fred. Elliot, Edward E. Villiers, Colonization Commissioners for South Australia. (signed) S. Walcott, Secretary. Entered. (signed) James Chant. To the Resident Commissioner of Public Lands of the Colony of South Australia. FoKM to be used in the appointment of an Agent for the Demand of a Special Survey, and for the Selection of the Land. ' appoint , of my agent to demand the special survey, and to select and take possession of, for me, the land referred to in the within land-order, and request the grant thereof, when made out, may be delivered to hiiu on my behalf. ' ^ (signed) THIi SELECT COMMITTEE ON SOUTH AUSTRALIA. 147 THE CIVIL ESTABLISHMENT IN SOUTH AUSTRALIA. OFFICE, Governor and Resident Commissioner - His Exckllency's Office : Private Secretary and Clerk of Council - First Clerk - - - - -- Second Clerk - . . . . GoLONiAi, Secretary's Office: Colonial Secretary - - . _ . Clerk Colonial Treasury : Colonial Treasurer, Collector of Internal Reve-" nue, and Accountant-General - - . First Clerk Second Clerk ---... Clerk to Accountant-General . . . Customs Departmekt: Collector of Customs, Naval Officer, and Har- bour Master ...... Chief Clerk Second Clerk -.-... Third Clerk Bonded Storekeeper and Landing Waiter Bonded Storekeeper, Adelaide ... Assistant Storekeeper - . . . - Wharfinger ---... Boarding Officer --.... Tidewaiter ---.... Chief Pilot Boat's Crew and Pilots for service, consisting, on an average, of 17 men, at 4. 1, per month - Six Watchmen, at 2 1, per week ... Eleven labourers, at 3 I. per week - - - Landing Waiter (Glenelg), at 3I. 13s. lod. per week ---.-_. Assistant Landing Waiter, 2/. week Boat's Crew of five men, at 2 /. per week Master of Mud Barge, at 2 /. io«. per week - Seven Labourers, at 2/. per week - - Collector of Customs at Port Lincoln Audit Office : Auditor-General .-.-._ Post Office : Postmaster-General ..... Clerk - . - Messenger, at 15*. per week .... Rent of Office Postmaster at Port Lincoln .... Ditto - at Kangaroo Island - - . Aborigines' Protection Department : Protector -...-.. Intei-preter -.-.... Teacher - . .... Storekeepers' Department : Storekeeper-General ..... Assistant ditto ...... Supreme Court : Judge ---.-.. Clerk of Court Sheriff Allowance for Office - . . . Advocate-General and Crown Solicitor - Clerk to ditto Allowance for Office - - . . Resident Magistrate ..... Clerk of the Peace Clerk to Resident Magistrate ... Clerk to Bench of Magistrates ... Two Officers ...... SALARY and CHARGES authorized. £. 1,000 200 400 60 From 300/. to 500/. - 60 aoo SALARY and CHARGES actually paid. 100 250 100 500 £. s. d. 1,000 -. - 200 - - 180 - - 100 - - 400 - -. 150 - i 400 - - 150 - - 120 -. - 120 - - 200 - - 150 .. - 140 - - 140 - - 150 - - 120 - - 130 - - 130 - _ 104 - - 104 - - 65 - - 884 - _ 624 - - 1,144 - - 139 19 4 104 - - 520 - - 130 - - 728 , - 150 - _ 150 - - 150 - - 104 - - 39 - - 35 - - R. » REMARKS. 0.21. 300 250 - 80 - 100 - 200 - 140 - 500 - 160 - 200 - 30 - 300 - 80 - 54 12 250 - 120 - 120 _ 100 - 182 - and rations, and rations, and rations. and rations, and rations. and rations, and rations. R. Salary not known. - - ditto. t 2 {con'tinrted) 148 APPENDIX TO REPORT FROM THE OFFICE. Police Establishment: Superintendent ------ Inspector ------- Sub-Inspector .----- Governor of Gaol . _ - - - 2 Serjeants, at - £.29- per week 30 Constables, at - - 1 ig - — 5 Serjeants, at - - 1 15 - — 23 Constables, at - - 1 5 - — 4 Park Rangers - - 1 19 - — 2 - Ditto - - - 1 14 - — Land Department : f Resident Commissioner, Assistant Commis- sioner, and Registrar - - . . Chief Clerk- -- Second Clerk ----.. Messenger ------- _ Emigration Department : Emigration Agent - - . . Clerk SALARY and CHARGES authorized. SALARY and ' CHARGES actually paid. £. 200 150 125 400 80 Survey Department : Surveyor-General - - - - - Deputy Surveyor - - - - . Ditto - ditto ------ Three Surveyors, at - - £.200 per annum Seven ditto, at - - - - 180 — Four ditto, at - - - - 150 — Two Draftsmen - - - - 180 — Two ditto - . - - . i«;o — . Commissary of Survey - - - - - i8g Labourers, for wages and rations, for quar- ter ending 31st Dec. 1839, 5,053/. gs. 7c?. - Two extra Surveyors, employed during quarter ending 31st Dec, 1839, 131;. 17*. 4c?. Miscellaneous: Colonial Chaplain . - - . . Allowance for Horse . - - - Colonial Surgeon - - . _ Coroner ------- Inspector of Hospitals - • - Keeper of Park Lands - Inspector of Government Buildings 250 600 300 250 100 £. 250 200 127 200 254 3.042 455 1.494 405 176 500 180 120 67 8 - 16 - 12 16 250 - - 120 - - 600 - - 400 - - 400 - - 600 - - 1,260 - - 600 - - 360 - - 300 - - 200 - - 20,213 18 4 250 - - 51 12 - 200 - - R. R. s E. REMARKS. * The number of constables in the police force appears to vary weekly. These calcu. lations are based on the pay. ments for the last week of the quarter ending 31 Dec. 1839, being the latest returns re- ceived by the C ommissioners, t It does not appear that the office of registrar is filled up. The salary is paid to Captain Sturt,. in his capa- city of Assistant Commis- sioner. (a). - Paid by feesj about 150Z. per annum. Salary not known, - - ditto. - - ditto. T. r" P u-^ described as actually paid are calculated from the payments made in the quarter endine ^ 1st December 1839, being the latest return on the subject received by the Commi^Tnnprs <.!!^ u m » vio Revenue Fund, except the salary of the Emigration Agent and hfs clerk ^°'"°"'''°"^'^' ^""^ ^'^ "^ P^'d out of the Sui?eytiteTvS if rLraSols^^f ^'a^m^nT^^^^^^^^^ Lieutenant Frome to be table, and is therefore subjoined :- V^y^em well as in numbers,_it cannot be inserted in the comparative Surveyor-General - - . - . r fi_„ V/ith an additional allowance by way of per-centage" ^'' ^'"'"'"' on the land sold and taken possession of, to be not less than 200/. nor more than 400/. per annum Deputy Surveyor-General ---.__ Two Draftsmen, at los. per diem - - . " Two Clerks and Computers, at 6 s. 8 d. per diem - '. beven Surveyors, at 6 «. 8 rf. per diem - Thirty Labourers, at 4*. per diem Rations in the field, say 40 men, each i s. 3d. per"diem" for 300 days _ l"= ^"'='"> Instruments, say - - _ . Expenses oftransport and other incidental charges' '. 800 _ With an additional allowance for each officer of 4^ for every i 000 acres ' Z7t'!leT''i' "1f^^'' '''' ^'^^'^ out; but SaUowancI officer. ' '''^' ^^''^''"'^ds of the fixed salary of such Jh7S£rti'^:T'::;eZl^t^^^^^ *^^ ^»'°«y ^y Cobnel Gawler, pro tem. and the staff takea J- riome, were both employed during the quarter ending 31st December 1839. 300 312 208 728 1,860 750 50 800 SELECT COMMITTEE ON SOUTH AUSTRALIA. 149 — No. 83.— Copy of a LETTER from R. Torrens, Esq. and the Hon, E. E. VilUers, to J. Stephen, Esq. South Australian Colonization Office, Sir, 9, Park-street, Westminster, 12 December 1840. In that part of our memorandum on Captain Grey's minute which related to a question raised in the minute, as to the mode of deahng with those special surveys of land which had been effected for the benefit of members of the Australian Government, we observed that it did not appear by the records of the commission that any discouragement had originally been held out to the purchase of land by public officers, but rather the contrary. In making this remark, we had in view both a general statement of the fact as made to us, and also a minute of the late Board, which required that the officers of the Government in South Australia should purchase land in proportion to their salaries. We did not quote this minute, because we found that it had been subsequently, in common with some other regulations, rescinded. We had, however, solely in view the rules and customs estab- lished by the commissioners. Since our memorandum was forwarded, we have ascer- tained upon making a further search into the early papers of the office, that in the year 1835 Lord Glenelg desired, with reference to Mr. Angas's having become a member of the South Australian Company, that no commissioner should have a proprietary interest in the colony. This prohibition, of course, modifies our statement of the views which have been heretofore taken by the home Government of the general expediency of giving such an interest to the governing bodies of newly-formed colonies. In the particular case of South Australia, a decision of a contrary nature, so far as regards the managing commis- sion at home, is on record. The existence of this document, however, in no way affects the answer to Captain Grey's inquiry respecting the legal claim of members of the Government to certain special sur- veys. We have met the case as regards all other members of the Australian Government not commissioners, to whom the prohibition did not extend ; and for ourselves be beg leave to state that we have not, and never had, any personal interest in the special survey system, or in any land which has been purchased under that system. As regards the late commissioners, we find upon searching the Land Order Books in our office, and the returns from the colony, that Mr. Jacob Montefiore's name is recorded as the holder of one share in a special survey, taken in the month of May 1839, but that no mention is made of any other commissioner in connexion with the purchase of any special surveys. Should further inquiry as regards these gentlemen be deemed necessary, it would of course have to be addressed to them by the authority of the Secretary of State. I have, &c. (signed) Robt. Torrens, Edward E. VilUers, No. 83. R. Torrens and Hon. E. VilUers, to J. Stephen, Esq 12 Dec. 1840. — No.84.— (No. 2.) Copy of a LETTER from Lord John Russell to Captain Grey, Sir, 29 December 1840. On the receipt of your letter of the i8lh ult. I communicated to the Lords Commissioners of Her Majesty's Treasury so much of the minute enclosed in that letter as relates to or affects any question on the receipt, custody, and accounting for of the public revenue of South Australia. I enclose for your information and guidance a copy of the answer which has been written by their Lordships' direction. It is unnecessary to impress upon you the necessity of adhering with the utmost possible closeness to the line of conduct which it is the wish of the Lords of the Treasury that you should pursue on the various subjects mentioned in the letter of their assistant secretary. I also referred to the Colonization Commissioners for South Australia those parts of your letter which appeared to fall more particularly within their cognizance. Their answer will be found to embrace some of those topics which are also noticed by the Lords of the Treasuiy. Copies of that answer and of a separate letter in connection with it, are enclosed for your information. It remains that I should explain to you my own views on the questions which your letter proposes to me, so far as they are not set at rest by the Lords of the Treasury, and by the explanations of the Colonization Commissioners. 1. With regard to your correspondence, it will be proper that you should address your- self to the Secretary of State on all questions relating to the legislative and executive duties of your Government ; and further, that, under the existing circumstances of the colony, and until you receive further instructions, you should communicate directly with me generally, on all questions of finance. I will then make such communications as may be necessary on the subject of your Despatches to the Colonization Commissioners. 4. With regard to what are termed the special surveys, it has been decided that no new surveys of that description should, for the present, at least, be undertaken. A considerable quantity of land, as you observe, still remains to be surveyed under the contracts already entered into on that system. But in this, as in every other undertaking, you must be guided by the sufficiency of the revenue to bear the charge ; and the fulfilment of such con- tracts must be deferred until the circumstances of the colony will admit of their corapleiion, when you will comply, as far as possible, with any bonafide engagement to purchasers. 0.21. ^3 9- I entirely No.84. Lord John Russe to Captain Grey. 29 Dec. 1840. -1^ £), 150 APPENDIX TO REPORT FROM THE No. 84. jord John Russell Captain Grey, ag Dec. 1840. 9. I entirely approve of the measure which you propose of creating corporate bodies, whether municipal or otherwise, and of investing them with the power of imposing rates and assessmeiits, and of levying wharfage and other dues, with the view of relieving the public revenue, and of devolving, as far as possible, on the inhabitants of the towns and of the rural districts the management and the charge of their concerns. 10. I fear that there will be found very considerable difficulty in detaching troops from the New South Wales command for the service of South Australia ; but I will still con- sider how far the arrangements of the public service may admit of a compliance with your application on this head. You will receive a further communication from the South Australian Commissioners in regard to your duties as resident commissioner. I have, &c. (signed) J. Russell. J.Oswald, Esq. M. p. to Lord J. Russell, 16 February 1841. Paper, No. 2. (1.)— LETTER from J. Oswald, Esq. m. p. to Lord John Russell. My Lord, 14, Arlington-street, 16 February 1841. I HAVE the honour to transmit to your Lordship the memorial of a number of most respect- able merchants in the city of Glasgow. Their case is, in my opinion, a very hard one. I trust that it will be in your Lordship's power to take the question into consideration at an early period. The memorial was, by mistake, addressed to the Board of Trade. (signed) I have, &c. James Oswald. Memorial of Glas- gow Merchants, 13 February 1841, (2.) — MEMORIAL of Merchants of Glasgow to the Right Honourable Lord John Russell. The Memorial of the undersigned Merchants in Glasgow, Sheweth, That your Memorialists are in the custom of shipping goods to Her Majesty's Colony of South Australia, and in return receiving remittances, by bills drawn by the Governor of that colony upon Her Majesty's Commissioners at home. That in consideration of the undoubted security of Government bills, the Memorialists have always paid for them a much higher premium than what bills drawn upon merchants might be purchased for. That the bills thus received have been always regularly accepted, and honoured, by Her Majesty's Commissioners, until within these three months, when bills to a considerable amount have been refused acceptance, in consequence, as is alleged, of the Governor having deviated in some respect from his instructions. That in consequence of this refusal to accept the bills drawn by the representative of the Government, the Memorialists must necessarily suffer loss, and very great inconvenience, which it is thought, considering the high premium that is paid, they ought not to be exposed to. The Memorialists, therefore, earnestly request, that the Honourable the Commissioners of the Board of Trade will take this matter into their serious consideration, and use such mea- tures with Government as may cause the bills above mentioned to be immediately accepted. (signed) 13 Feb. 1841. Russell, Macnish Sc Co. per pro William Wright. John Grahame. Dunlop, Rowand Sf Co. James Fien Sf Co., per pro John Fien. Scott, Muir Sf Co. Cuthbertson Sf Tweeslee. Huirs, CormellS; Co. John Sf James Swan. John Inron Sf Son. J.Sf T. Moore. Wm. Richmond Sf Co. John Hoscock Sf Co. Ambrose Dale. Jas. Richmond ^ Co. Campbell, Muschen Sf Kennedy. Harper ^ Son. k.V. Smith, Esq.to f. Oswald, Esq. M.p. ^2 February 1841. (3.)— LETTER from R. Vernon Smith, Esq. to James Oswald, Esq. m. p. Sir, Downing-street, 22 February 1841. I AM directed by Lord John Russell to acknowledge the receipt of your letter of the 16th inst., enclosing a memorial from various parties having claims on the Government of South Australia, and I am directed by his Lordship to acquaint you in reply, that the memorial will be referred to the Committee of the House of Commons, which have been appointed to inquire into the circumstances of that colony, with a view of making such satisfaction of claims on South Australia as Parliament may sanction. I have, &c. (signed) R. Vernon Smith. SELECT COMMITTEE ON SOUTH AUSTRALIA. 151 Paper, No. 3. PAPERS delivered in by Colonel Torrens. FIRST PERIOD. Negociations with Government until the passing of the Act. The principle upon which the colony of South Australia proceeds is, that the expense of emigration from the United Kingdom may be defrayed by means of the value which immi- gration into the colonies confers upon their waste lands. This principle, if true in itself, can have no practical limit, except that which may be fixed by the actual extent of available land at the disposal of the Crown in countries not un- friendly to the British constitution. If 100 persons planted on 2,000 acres of waste land will render that land of sufficient value to induce other persons to purchase it at a price sufficient to plant 100 persons upon it, then an industrious population of 100,000 souls planted upon a tract of 2,000,000 acres, may confer upon this tract a value sufficient to repay the cost of planting the 100,000 souls upon it. If this principle be true in itself, and capable of practical application, then the progress of the colonial possessions of the Crown in population may be as rapid as is that of the western states of the American Union. It is unnecessary to dwell upon the obvious effects which might thereby be produced upon the condition of our home population, upon the shipping interest, and upon the extension of colonial markets for British goods. The object of the projectors and founders of the colony was to bring this important principle to the test of practical experience. The plan originated with Mr. E. G. Wakefield, with whose publication on the principles of colonization the Committee are probably acquainted. In the summer of 1831 that gentleman, accompanied by Major Bacon, called upon me to explain his views, and, I being then in Parliament, to bespeak my co-operation. The proposed plan of colonization had been previously submitted to Lord Howick, who, as I was informed, entertained a favourable opinion of the principle of disposing of waste land, upon which the plan proceeded. In the month of August I waited upon Lord Goderich with a deputation from the intending colonists, consisting of Major Bacon, Mr. Gouger and Mr. Graham. An outline of the plan of the proposed colony, signed by the deputation, and accompanied by a printed paper, prepared, as I believe, by Mr. Wakefield, explanatory of the details, was submitted to his Lordship ; and the obliging manner in which his Lordship received this, and a subsequent deputation, led to the inference, subsequently found to be erroneous, that he was favourable to the project. According to the original plan, as at first presented to Lord Goderich, the colony was to have been a chartered colony, after the model of the British settlements planted in North America in the 17th century. The following is the outline presented to the Secretary of State by the deputation of which I have spoken : — " London, 25 August 1831. " The undersigned, being a deputation of a society formed for the purpose of establishing a colony on the southern coast of Australia, have the honour to submit to Lord Viscount Goderich the outline of a proposal in which the mode of colonization intended to be followed is explained. " The undersigned, having taken pains to learn the opinions of persons distinguished by their knowledge of this subject, have the satisfaction to state that it has met with the general approval of such persons, as well as of some who have hitherto been inimical to any proposed plan of colonization ; and they have the most satisfactory assurance that the whole subscription for the capital required will be furnished whenever they shall be in a condition to commence proceedings. Such, indeed, is their confidence on this point, that, in order to enable them to offer to His Majesty's Government a considerable sum as pur- chase-money of land, and for the purposes of emigration, they consider nothing wanted beyond an assurance that the offer would be accepted on the terms proposed. " These terms are shortly the following : " 1. That permission be given to the company to make a settlement on the southern shore of Austraha, extending from the 132d to the 141st degree of east longitude, including the islands on the coast. " 2. That no land within these boundaries shall be occupied by the company, or any indi- vidual, until purchased in the manner stated in the accompanying printed proposal. " 3. That all the purchase-money received for land is expended in defraying the cost of the immigration of young persons of both sexes, in as nearly equal numbers as possible. 0.21. ^4 "4. That "First Period. Negociations witk Government, 152 APPENDIX TO REPORT FROM THE First Period. "'*• '^'^at no restriction on trade, or monopoly of any kind, be established in the colony. x, .""" . , "5. That the governor be recommended by the company, subject to the approval of ■ ' " 6. That when the population of the colony shall comprize 5,000 male adults, an assembly shall be called, to be chosen by the colonists, for the purpose of conducting their local concerns. " 7. That up to the meeting of the local assembly, and until one year thereafter, all the expenses of governing and protecting the colony shall be borne by the company. " 8. That at the end of one year from the appointment of the local assembly, the expenses of governing and protecting the colony shall be borne by the colonists. " 9. That from this period the appointment of the governor shall be wholly in the Crown. " 10. The governor to have a veto on all laws, subject to appeal to His Majesty in Council. " The undersigned beg to impress upon the attention of Lord Goderich the facts, that the Government of this country will be put to no expense on account of the colony ; that by the application of the fimds of the company a very considerable number of destitute persons will be taken to the colony ; that a market will be estabhshed for British manufactures; and that an opening, probably to any extent, will be afforded for such British subjects as may be desirous to emigrate. " The undersigned beg leave to submit to Lord Goderich, that unless the sanction of their enterprize be granted to them within a short time, they would not be able to send out the first expedition before Christmas, and that a very long delay would consequently ensue, because any expedition quitting England in the early part of next year would reach Australia in the winter season. (signed) " Robert Torrens. " Anthony Bacon. " Robert Oouger. " Geo. J. Graham." The Committee will perceive by this plan, that the whole expense of establishing the colony would have been borne by the chartered company. My own conviction was, that had we then obtained the sanction of Government, we should have had no difficulty in getting a paid-up capital of 100,000 /. For one, I was disposed to risk 1,000 1, in the imdertaking. The discussions which took place upon the Reform Bill, and the dissolution of Parlia- ment, suspended all proceedings respecting the projected colony, and the body of intending settlers dispersed, many of them, as was understood, emigrating to Canada and the United States, The advocates of self-supporting colonization were too confident of their principles, and of the ultimate triumph of truth, to be diverted from their purpose. In the following year they formed themselves into a society, under the title of " The South Australian Society." Mr. WolrycheWhitmore, the chairman of this society, now conducted the negociation with the Government, and can afford to the Committee more accurate information than myself regarding the protracted proceedings which led to the passing of the South Australian Act. During the temporary absence of Mr. Whitmore I occasionally acted as chairman of the committee ; and as such I addressed a letter to Lord Goderich on the 9th of July, enclosing a draft of a charter, frarned after the model of those granted to the companies by which the North American colonies were planted. To this communication Mr. Hay replied in a letter, dated 17th July, and stating in detail Lord Goderich's objections to the establishment of a chartered colony. I endeavoured to remove these objections in a letter of the 19th of the same month. These letters have already been laid before the Committee, and printed. When Lord Stanley became Colonial Minister the South Australian Association renewed their negociations with the Government ; but the communications of the society with Lord Stanley, and subsequently with Lord Monteagle, were chiefly conducted by Mr. Whitmore, to whose influence and persevering exertion the passing of the South Australian Act is mainly to be attributed. SECOND PERIOD. Second Period From the- passing of the South Australian Act to the gazetting of the First Commission. 'rom passing of The South Australian Bill had been introduced into the House of Commons by Mr. W. LCt to gazetting of Whitmore, under the sanction and approval of Mr. Secretary Spring Rice ; in the House of 'irst Commission. £(jj.ds it was introduced by the Marquess of Normanby, and was supported by the Duke of Wellington, and it received the Royal assent on the last day of the session of 1834. After the passing of the Act Mr. Secretary Spring Rice, in conformity with its provisions, pro- ceeded to nominate the colonization commissioners. The commission thus nominated con- sisted of Mr. W. Whitmore, chairman, Mr. Clay, Mr. Grote, Mr. George Ward Norman, Mr. SELECT COMMITTEE ON SOUTH AUSTRALIA. 153 Mr. Childers, and myself; and the commissioners, though not gazetted, appointed Mr. Row- Second Period, ^and Hill as acting secretary, and held meetings at the banking-house of Mr. Grote for _ — effecting preliminary arrangements. On the change of Government, however, which took From passing of place in the latter end of 1834, all the gentlemen who had been nominated to the com- Act to gazetting of mission by Mr. Spring Rice declined to act, with the exception of myself. Under these First Commission, circumstances I waited upon the new Secretary of State for the Colonial Department, in order to receive his commands, and was most graciously received by Lord Aberdeen, who stated that he did not consider that the functions of the colonization commissioners were connected with party politics ; that he sat there to give effect to the Act of the Legislature ; and that he wished to receive the names of gentlemen interested in the proposed experi- ment in colonization, who might be disposed to act on the commission in the place of those who had retired. In obedience to the wishes thus expressed, I addressed the follow- ing letter to Lord Aberdeen : — " My Lord, " 6, John-street, Adelphi, 13 February 1835, " In obedience to your Lordship's commands, I have the honour of submitting, for your Lordship's consideration, the names of gentlemen willing to act under the Colonial-office as commissioners for carrying into effect the Act of Parliament for colonizing South Aus- tralia. " I have also the honour of enclosing a letter from Mr. Palmer, stating his willingness to act should your Lordship be pleased to appoint him one of the commissioners, but at the same time expressing a wish to have the name of his son inserted instead of his own. " Since the retirement of Mr. Wolryche Whitmore the executive functions which he per- formed as chairman have fallen upon me. Having much more leisure, and perhaps I may venture to add, more knowledge of the object and principles of the proposed colony than the other gentlemen who are now willing to act as commissioners, I am desirous, should the an'angement be approved and sanctioned by your Lordship, to continue, after the com- mission shall be formed, to serve under the Colonial-office as chairman in the place of Mr. Whitmore. " I have, &c. (signed) " Robert TorrensJ Enclosure in the foregoing. " My dear Sir, 16, February 1835, " In sending you the names of the gentlemen who are willing to become commissioners under the South Australian Colonization Act, I am requested by the body of persons intending to go to the colony to beg you will represent to Lord Aberdeen their ardent hope that his Lordship will, by the early appointment of the commissioners, relieve them from the embarrassments and anxiety which the lengthened delay has occasioned. This point the colonists hope you will do all you can to impress upon his Lordship, and I am con- vinced you will not fail to do so, as you are aware of the injuries which some of the party have suffered from their repeated disappointments. " I am, &c. ■'> ' " To Colonel Torrens." (signed) « Robert Gouger." List of proposed Commissioners enclosed in the preceding : Lieutenant-Colonel Torrens. Jacob Montefiore, Esq. George Fife Angas, Esq. George Palmer, Esq. W. A. Mackinnon, Esq. m. p. John Wright, Esq. Samuel Mills, Esq. On the 16th February I received a letter from Mr. Hay, stating, in reply to my letter of the 13th, that Lord Aberdeen thought it indispensably necessary, before proceeding further in the discussion of the subject, that he should distinctly understand whether the proposed commissioners were to be accountable to the Crown, and personally responsible for the receipt and application of the money to arise from the sale of land in the proposed colony. Mr. Hay's letter is as follows : " Sir, , , Downing-street, 16 February 1835. " I AM directed by the Earl of Aberdeen to acknowledge the receipt of your letter to his Lordship of the 13th inst., enclosing the names of various gentlemen willing to act under his Lordship's authority as commissioners for carrying into effect the Act of Parliament for colonizing Southern Australia. " Lord Aberdeen considers it to be an essential preliminary to the further discussion of this subject, that it should be distinctly understood whether the proposed commissioners are or are not to be accountants to the Crown, and personally responsible for the receipt and appli- cation of the money to arise from the sale of lands in the proposed colony. By the 9th clause the power of appointing a treasurer and other officers, and of removing such treasurer and officers, and of appointing successors, is given to the commissioners ; and by the lltL 0.21. u section 154 APPENDIX TO REPORT FROM THE Second Period, section it is declared, that all monies under the control of the Board shall be received and paid by the treasurers so appointed, who are to give sureties for the faithful discharge of From passing of their duties, to such amount and in such manner as to the said commissioners may seem fit. Act to gazetting of The following clause, the 12th, enacts that all accounts of the treasurer shall be submitted First Commission, to the Lords of His Majesty's Treasury, and be audited in the same manner as other public '■ accounts. The Act also gives to the commissioners extensive powers of selling or leasing land, of receiving and applying the purchase-money or the rent, and of taking up large sums at interest. The 21st section absolves the commissioners from personal liability to the lenders of any loans which they may so raise, or on any bonds which they may issue. But Lord Aberdeen does not perceive in the Act any declaration that the commissioners shall not be accountable to the Lords of the Treasury for the receipts and payments eifected by their treasurer with their order or concurrence. His Lordship presumes that all the monies which they shall receive as commissioners, must be considered as part of the King's revenue, and' that the commissioners, not being a corporate body, must be regarded only as His Majesty's agents (though appointed under the authority of Parliament) for the management, receipt, and expenditure of that part of the revenue of the Crown. The treasurer being their nominee, liable to removal at their bidding, and by no other authority, and giving securities, subject only to their approbation, would seem to be in efiiect their agent, for whose acts they would be answerable to the Lords of the Treasury. In confirmation of this view of the subject, it may be noticed that the Governor of New South Wales (in common with the Governors of His Majesty's colonies) is held responsible to the Lords of the Treasury for all issues of money made by the colonial treasurer with his sanction, although the colonial treasurer is appointed, and when necessary removed, by the Crown, and enters into such securities as the Lords of the Treasury prescribe. " Lord Aberdeen being led to apprehend, from the terms of your letter, and from the language of the enclosures, that the gentlemen proposing to act as commissioners consider themselves as completely irresponsible to the Lords of the Treasury, his Lordship thinks it right that their attention should be distinctly drawn to the question, in order that they may, if necessary, ascertain, by consulting His Majesty's Attorney and Solicitor General, what would be the legal consequence in this respect of their undertaking the proposed trust. You will have the goodness to understand that Lord Aberdeen does not intimate, as in fact he has not formed, any decided opinion upon this matter, but thinks it of such essential importance, and involved in such obscurity, as to require a solution of the question on the highest possible authority, before the discussion advances further. " I have, &c. (signed) « R. H. Hay." To this letter I returned the following reply : — " South Australian Office, 7> John-street, Adelphi, "Sir, 2 March 1835. " I HAVE the honour to acknowledge the receipt of your letter of the 16th ult., stating that Lord Aberdeen considers it to be an essential preliminary to further discussion respecting the proposed colony in Southern Austraha, that it should be distinctly understood whether- the proposed commissioners are or are not to be accountable to the Crown and personally responsible for the receipt and application of the sale of lands in the proposed colony, and that his Lordship thinks this matter of such essential importance, and involved in such obscurity, as to require a solution of the question on the highest possible authority. " In reply, I have the honour to state, that as several of the proposed commissioners are acquainted, as well personally as professionally, with Mr. Freshfield, the solicitor to the Bank of England, and have confidence in his ability and legal knowledge, it was considered advi- sable in the first instance to apply to that gentlemen for advice ,- I therefore placed the Act of Parliament, together with your letter of the 16th ult., in the hands of Mr. Freshfield, and requested him to favour me with his opinion in writing upon the very important ques- tions to which Lord Aberdeen directed the attention of the proposed commissioners should be called. Mr. Freshfield's answer I have now the honour to enclose. " Should the opinion of Mr. Freshfield be correct, it will follow that no public money raised by the commissioners under the provisions of the Act can be either received or paid by them ; that all such money must be received and paid by the treasurer, and that the com- missioners will have no power to order the treasurer to make any payments except for the purposes specified in the Act. " Though by the Act of Parliament the treasurer is to be appointed and to be removable at the pleasure of the commissioners, and is required to give such securities as they may think fit, yet, as the commissioners are themselves to be the nominees of the Secretary of State for the Colonies, and to be removable at his pleasure, they will merely be the agents of the Colonial-office, at all times subject to its immediate authority and control, and will not be in a position to exercise their functions in appointing or removing the treasurer, and in taking the proper amount of the securities, without the express sanction and direction of the Secretary of State and the Lords of His Majesty's Treasury. " I therefore venture respectfully to submit, for the consideration of Lord Aberdeen, that the provisions of the Act with respect to the treasurer may be complied with, and complete security offered for the due application of such portion of the King's revenue as may be raised under its authority;, by the functions of the commissioners being limited to submitting, for SELECT COMMITTEE ON SOUTH AUSTRALIA. 155 for the approbation of the Secretary of State, the name of a gentleman willing to co-operate Second Period. with them in giving effect to the regulated and self-supporting plan of emigration, according to which the proposed colony is to be founded, and prepared to give such amount of security From passing of for the faithful performance of his trust, and to conform to such regulations as the Lords of Act to gazetting of the Treasury may prescribe. First Commission, " I have, &c. ' ' (signed) " Robert Torrens." Enclosure in the preceding. " Dear Sir, New Bank-buildings, 27 February 1836. I HAVE carefully perused the Act 4 & 5 Will. 4, c. 95, to empower His Majesty to erect South Australia into a British province, &c., and Mr. Hay's letter to you of the 16th instant. " It is distinctly stated by Mr. Hay that Lord Aberdeen has not formed any decided opinion upon this matter, otherwise I should have felt so much deference as to disincline me to express myself with any degree of confidence, and should have recommended an applica- tion to the law officers of the Crown ; but taking Mr. Hay's letter as an invitation to you to state the view entertained on your part, I have no hesitation in stating it as my opinion, that the commissioners are not to be accountants to the Crown, nor responsible for the receipt and application of the money made subject to their control by Act of Parliament. Of course they would be liable for any personal corruption in the exercise of their powers, and for the appli- cation of the money to purposes not within the authority of the Act, but that liability is common to every person accepting a trust. " The Act of Parliament enables the commissioners to sell lands, receive rents, and to raise money for the purposes of the Act, by way of loan ; but the 11th section expressly directs,, ' that all monies under the control of the said Board of commissioners shall be received and paid by the treasurer ;' to me it therefore appears clear, that not only is the treasurer not the agent of the Board, but that in the receipt of the money he is a perfectly indepen- dent officer, whose receipt is absolutely necessary to discharge a purchaser or other person liable to pay money ; and who, though acting under the control of the commissioners, is bound by the terms of the Act of Parliament, and would not be warranted in applying money con- trary to its directions. " The treasurer is to be appointed by the commissioners, and to give such security as they may think fit ; but it might be satisfactory to the Colonial Department to have it distinctly understood that the Board would appoint any person, and to take any amount of security to be proposed by the Secretary of State, or they may act on their report, subject to the appro- bation of the Secretary of State. "I would submit that the case of the governors of His Majesty's colonies does not exactly bear upon the present question. The governors, by the orders they give, do in effect draw on the colonial treasury for money, which becomes a charge upon them, to be discharged by the regularity of the applications, nor has the treasurer any means of knowing what is or is not a proper application of the money in his hands; and other reasons might be given to show the different relations in which persons holding that character stand to the Crown,, and which in my opinion renders that necessary in one case, while in the other it is virtually excluded by the Act of Parliament. " 1 return the papers, and remain, &c. " Colonel Torrens." (signed) " J. W. Freshfield." After submitting Mr. Freshfield's opinion to the Colonial-office, I waited upon the Secretary of the Treasury for the purpose of explaining the nature of the questions which had arisen^ and of requesting that an early decision might be obtained as to the custody and application of the colonial fund. And on the 31st of March I addressed the following letter upon the subject to Sir T. Fremantle: — " Dear Sir, 31 March 1835. " Permit me to recur to the conversation which passed between us on the subject of the- South Australian colony when I had last the pleasure of seeing you at the Treasury. "It is the opinion of Mr. Freshfield, corroborated by that of other legal authorities, that by the Act of Parliament the Australian commissioners are not made accountable to the Crown, but that the treasurers, whom the Act requires that they shall appoint, shall be made the only recipients of the King's revenues, and therefore the only accountants to the Crown. " But the Act directs that the commissioners should not only appoint the treasurer or treasurers, but should take from him or them the requisite securities. This provision of the Act has raised a difficulty with the Colonial-office as to whether the treasurers, . being nominees of the commissioners, are to be responsible to the Lords of His Majesty's Treasury, Now I venture to suggest, on the authority of Mr. Freshfield and others whom I have con-^ suited, that this difficulty may be effectually removed by the commissioners, who are themselves but the nominees of the Secretary of State for the Colonies, and removable at his pleasure, receiving an instruction from the Treasury as to the amount of the securities, and as to the nature of the regulations which the treasurers are to give, and to which they are to conform. 0.21. u 1 "^s 156 APPENDIX TO REPORT FROM THE Second Period. " ^^ ^ have from the first taken a deep interest in promoting the formation of this colony, I shall feel personally obliged if you will have the goodness to accelerate as much as possi- From passing of ble the decision of the question before the Treasury. Act to gazetting of " 1 am, &c. First Commission. (signed) " Robt. Torrens." On the 3d April I received the follov>ring reply : — "Dear Sir, Treasury, 3 April 1835. " In reply to your letter of the 31st, on the subject of the accountability of the commis- sioners of the South Australian Company, I have made inquiries of the Commissioners of Audit, and they have reported that the treasurers are the accountable persons to the Crown, and the commissioners only responsible for the due execution of the powers vested in them by the Act of Parliament. A communication to this effect has been made to the Secretary of State. " I am, &c. (signed) " Thos. F. Fremantle." On the 8th April I received from Mr. Hay the following letter, finally closing the nego- ciation with the Earl of Aberdeen : — "Sir, Downing-street, 8 April 1835. " I HAVE laid before the Earl of Aberdeen your letter of the 7th inst., in which you state the names of two gentlemen who are willing to act as solicitor and as treasurer to the South Australian Company, and you request to be informed whether those gentlemen whose names were submitted in your letter of the 13th of February last as commissioners for carrying into effect the provisions of the Act of Parliament for colonizing South Australia, have been approved by his Lordship. In reply, I am directed to acquaint you that, under the present circumstances of the Government, Lord Aberdeen does not feel at liberty to proceed with the arrangements of the South Australian Company. I am directed to add, that it was not until the 4th inst. that the decision of the Board of Treasury was received at this depart- ment, on the point of reference which it was thought necessary to make to that Board, in consequence of the question raised by your letter of the 13th of February, relative to the personal liability of the commissioners. "I am, &c. (signed) " R, H. Hay." The above letter of the 8th April, which finally closed the negociation with the Earl of Aberdeen, was upon the 27th April followed by a letter from the new Secretary of State for the Colonial Department, appointing to the colonization commission the gentlemen whose names had been submitted to his predecessor for approval. That letter was as follows : — " Sir, Downing-street, 27 April 1835. " I HAVE had under my consideration the letter which you addressed to the Earl of Aberdeen, under date of the 13th of February last, submitting the names of certain gentle- men who are ready to act under this department as commissioners for carrying into effect the provisions of the Act of Parliament for colonizing South Australia; and I have to acquaint you that I see no reason to doubt that the parties, whose names are stated under- neath, may with propriety be accepted by His Majesty's Government as members of the commission ; viz. " Lieut.-Col. Torrens, Chairman. , John Wright, Esq. W. A. Mackinnon, Esq., m.p. Jacob Montefiore. W. Hutt, Esq., M.p, Samuel Mills, Esq. George Palmer, Esq. jun. Geo. Fife Angas, Esq. " Having understood that it has been considered desirable to appoint a commissioner, who may be the representative of this department, I have selected Edward Barnard, esq., one of the agents-general for the colonies, and formerly agent for the Australian provinces, as a member of the commission. " I have, &c. (signed) " C. Grant." The additional members placed upon the Board by Lord Glenelg gave increased efficiency and influence to the commission. The appointment of Mr. Barnard as the representative of the Colonial Department imparted an official character to the Board, and tended to remove the impression which seemed to prevail, even in official quarters, that the colonization of South Australia was a private speculation, and not a Government measure. The accession of Mr. John Lefevre was peculiarly important. Having been Under Secretary of State for the Colonies during the discussions which were carried on with the Government his co-opera- tion gave weight and authority to the commission, while, from his knowledge of the principles of the colony, he was enabled to afford the most yaluable aid in the removal of the early difficulties which I shall have to detail to the Committee. The appointment of Mr. Hutt was as beneficial to the public service as it was agreeable to myself, on account of an early controversy which had taken place between us upon the principles of the colony, and which, unUke the generality of controversies, ended in complete agreement. I had opposed con- centration. SELECT COMMITTEE ON SOUTH AUSTRALIA. 157 centration, under the impression that it required the limiting of the settlers within a prescribed Second Period. area, so as to cause a premature occupation of inferior lands, and the consequent creation in a new country of the high rents, and low profits and wages, whicli occasion the pressure and From passing of distress peculiar to old countries ; and I had contended that the sale of waste land, under a Act to gazetting of condition producing such results, would be the worst source from which an emigration fund First Commission, could be derived. But when concentration was explained as being the combination, within — ^— — a given space, of that amount of labour which gives the largest quantity of produce in pro- portion to the number of hands employed, my opposition ceased, and I became an advocate of the Wakefield system. Mr. Hutt, as I believe, was the earliest advocate of Mr. Wake- field's views, and the main instrument in first producing them before the public. In all difficulties involving the application of the true principles of colonization, I relied with con- fidence upon his influential support, and never failed to obtain it. THIRD PERIOD. From the gazetting of the Commissioners to Departure of the first Governor. Third Period. The commissioners were gazetted on the 5th May 1835, for the purpose of giving effect 1835, 5 May. to certain parts of the Act for erecting South Australia into a British province. By a reference to the 26th section of the Act, it will be seen that their preliminary duties were to 4& 5 Will. 4, c. 95. invest 36,000 I. in the hands of trustees for the purchase of land in the colony, and also to place 20,000 Z.' in the hands of other trustees, to be held as a guarantee or security, in order to protect the public purse against expense on account of the colony. The difficulty of accomplishing these objects will be immediately perceived, when it is considered that South Australia was at that period an unexplored wilderness, and that the colony, the revenue of which was to be the security for the proposed loan, was not yet in existence. But this was not all. Before they could proceed to sell land in the wilderness, or raise a loan upon the security of revenues which remained to be created, it was necessary that considerable expense should be incurred in providing offices, engaging clerks and agents, and in explaining to the public the principles and the prospects of the new colony by printed papers and adver- tisements. The Government lent no aid. On the 20th May an application was made to See Letter-book, Lord Glenelg for chambers in which to conduct the business of the commission. This d. 21. application was not attended with success. On the 13th May an application was made for permission to conduct the correspondence May 13, Letter- of the Board through the Colonial-office, as was done by the committee for emigration to book. New South Wales and Van Diemen's Land, in order to save the expense of postage. This June 15, Letter- application, which was renewed on the 15th and 19th June, was unsuccessful; and the book, expenses of the establishment were found to be so heavy, that on the 21st July it was June 19, Letter- resolved at a meeting of the Board, that it would be impossible to give the necessary book, publicity to the plan of colonization, for the promotion of which the commission was Minute-book, No.i; appointed, unless permission should be given to pass letters through the Post-office free of '''^v '■^^• charge, and that the chairman should again apply to Lord Glenelg for the use of this privilege. An answer to this application was received on the 4th August, expressing Lord Minute-book vol. 1, Glenelg's regret that the privilege of passing letters through the Colonial-office could not Aug. 4th. Minute, be granted, and enclosing communications on the subject from the Lords of the Treasury and the Postmaster-general. Thus the commissioners, in commencing their duties, were left to their private resources and those of their friends, in order to provide the pecuniary means of carrying on the public service. Mr. Gouger proposed to advance 500 1, and Mr. John Brown 250 l. for the expenses of the commission. Another gentleman offered to make an advance of money for the immediate expenses of the commission. Mr. Barnes proposed to atlvance 1,000 I. for the purchase of land, and Mr. Mills, one of the commissioners, engaged to take 1,000 Z. in colonial revenue securities. I had myself arranged from the first projecting of Minute-book,vol.i, the colony to invest 1,000 /. in the purchase of land. The means of conducting the public Min. May 14th. service being supplied from private sources, the commissioners proceeded in their efforts to fulfil the conditions of the Act, requiring, as a preliminary measure, that the waste lands of the intended colony should be sold in this country to the amount of 35,000 I. For some time the difficulty of efi'ecting sales to the required amount appeared insurmountable, and to remove this difficulty extraordinary exertions became necessary. The Board adopted a resolution requiring from its officers who might be appointed in the colony a landed qualifi- cation at the rate of 600 acres of land in the colony for every 100 I. of salary received. The resolution of the Board fixing this qualification was subsequently rescinded, but its principle was so far adhered to, that candidates for office, who became purchasers of land in comple- tion of the preliminary sales, were considered to possess a priority of claim ; and all persons appointed to office by the Board, or recommended by the Board to the Colonial-office, were required to devote immediately a large portion of their time and energies to the establish- ment of the colony, though their salaries were not to commence until the landing of the governor. The commissioners and their officers, while establishing the colony, which was neither a Minute-book,vol.i, chartered colony nor an ordinary Crown colony, but something between both, were in p. 9- Min. a manner compelled, by the absence of all Government aid, to incur pecuniary liabilities in July 21. the performance of their public duties, 0.21. M 3 On Third Period. 158 APPENDIX TO REPORT FROM THE Minute-book, vol Minute Au Vide 1st Minute- book. Minute-book, vol.1 Vol. 1, Minute- book. Minut b ok 1 1 ^'^ ''^^ ^^^'^ August it was resolved, that the sum required for carrying on the duties of Minute 'Vue 18 ' tl^e commission can only be procured through the liberal intervention of persons desirous ' ' * of forwarding the objects of the colony; and on the 26th it was resolved, that Mr. Gouger be requested to take immediate steps for raising among the friends of the undertaking a loan of 1,000 /. to meet preliminary expenses. Preliminary Land Sales. The regulations under which the commissioners effected the preliminary sales to the amount required by the Act ; the necessity they were under, in order to complete these sales, of reducing the price of public land from ll. to 12 s. per acre, and the delays and difficulties which they had to encounter, are fully detailed in the First Annual Report and in the Minutes of the Board. It will be seen by the Minute of December 2, 1835, that on that day the instalments paid upon the preliminary land orders amounted to little more than 26,000/., and that there was still a deficiency of 9,000 1, to make up the 35,000 1, required by the Act of Parliament. In this difficulty, the persons connected with the local government again acted as if South Australia had been a chartered colony, and made themselves per- sonally responsible for any defalcations on the part of the land purchasers which might prevent the fulfilment of the conditions of the Act. On receiving a guarantee to this effect, the bankers, Messrs. Currie & Co. and Messrs. Esdaile & Co., each transferred the sum of 4,500 /. to the credit of the trustees. Sir William Molesworth and themselves, addressing a letter to the Board, stating that they held for the trustees, in Exchequer bills and cash, the sum of 35,000 1. invested for the purchase of land in South Australia. Loan. The provisions of the Act requiring the investment of 35.000 1, for the purchase of land having been complied with, we lost no time in proceeding to fulfil the conditions of the 24th section, requiring the investment of 20,000 1, in Government securities, as a guarantee against the colony becoming a charge upon the mother country. The 14th section of the Act authorized the commissioners to raise a loan of 200,000 l. by the issue of colonial reve- / nue securities, in order to create this guarantee fund, and to provide for the expenses of governing the colony and for maintaining the local government. The commissioners con- ceived that the colony might be relieved from the payment of taxes for the benefit of the mother country, and an application was therefore made by Mr. Freshfield for permission to insert into the Stamp Act a clause for the purpose of clearly exempting the South Austra- lian debentures from the stamp duty. On the 18th August, the chairman was requested, by a resolution of the Board, to wait upon the Chancellor of the Exchequer respecting the stamp duty upon the bonds. The duty, however, was not remitted, and the commissioners were compelled to proceed to negociate the required loan without any aid or countenance from Government. All measures connected with the loan are so fully detailed in the First Annual Report, that it is necessary to refer the Committee to it. Orders in Council and Letters Patent. Difficulties and At a Board held on the 2d December, the same day upon which the conditions of the delays. Act of Parliament were finally fulfilled, as regards the completion of the preliminary ist Minute-book, sales, it was resolved, that a letter be prepared requesting Government to issue the Order p. 138. Min. 8. in Council erecting the province, and to take the other steps consequent on the fulfilment of Minute-book,vol.i, the preliminary conditions of the Act. And on the 6tli January the chairman reported p. 165, Min. 2 & 3. that he had an interview with Lord Glenelg on the 2d instant, when he represented to his Lordship the great injury the intended colonists were sustaining by the present delay in issuing the Orders in Council and Letters Patent, and that Lord Glenelg expressed a desire that the commissioners should prepare a plan for securing the rights of the aborigines, and arrangements for purchasing the land of the natives. A draft of a plan prepared by the chairman in compliance with Lord Glenelg's wish was then read and approved, and the chairman was requested to submit it to Lord Glenelg. On the 8th December the chairman addressed a letter to Sir George Grey, enclosing the opinion of Mr. Parker respecting the Letters Patent and Orders in Council required for the establishment of the colony, and requesting that these instruments might be granted with as little delay as possible. At a Board held 22d January, a letter of January 21st was received from Sir George Grey, stating 1st, That Lord Glenelg, considering the arrangement with regard to the abo- rigines of paramount importance, has directed the Attorney and Solicitor General to report T. o O -? DATE. a .9 to So .a. Cm O c i a s, > o 1 .S O, M u X PM o <.i: H > 'i-g CO C t cu tn a a O CO s o O a o V o ho 1 o O o o o 1040 7536 480 359,975 36 8 816 X588 12s. 12s. 65. 22i. 12/. 25s. 12/. 12/. 30/. 2/. 21. to to to to to to to to to to to 15s. 14s. 75. 60/. 26/. 40s. 18/. 20/. 150/. 6/. 6/. IMPORTS. -- Sugar. Tea. Coffee. Butter. Cheese. Hams. riour. 4 c cu M ^ .i= a, a> ■f. S M *i ! ■3 So g a S 3 a C0 W B O m W , s o o 12; O O ^ o m 6- 37 7,026 256 262 655 362 S3 13 119 7 — 612 1,527 6,168 Salt, Candles. Soap. Barley. Oats. Sawn Timber. Deals. Shingles. Paling. Laths. Slates. Bricks. Tons. Boxes. Boxes. Bags. Bags. Feet. No. No. No. No. No. No. 105 232 5,306 103 4,303 87,930 4,931 3,966,000 > 49,531 62,800 26,000 — merchandize, provisions, implements, &c, &c. 0.21. y 2 (signed) .ff. liixon t^ Co. 172 APPENDIX TO REPORT FROM THE Bills drawn by authority of Colonel Gawler. Paper, No. 5. A STATEMENT of all Bills of Exchange drawn by the Authority of Colonel Gamier, since his arrival in the Colony, and which have been either signed or countersigned by himself. The following Bills were Accepted and Paid at Maturity. Date or when BY WHOM DRAWN. WHEN DUE. AMOUNT., THE BILL. PRESENTED. 1838: 1839: 1839: £. S. d Osmond Gilles - - 26 October 6 May 8 July - 100 - - Ditto - 26 - 6 - - 8 - . 150 - - Ditto ... 26 - 6 - 8 - 150 - _ Ditto . 26 - 6 - 8 - 150 - - Ditto ... 26 - 6 - 8 - 150 - - Ditto - . - 26 - 6 - 8 - 200 - - Ditto . 26 - 6 - 8 _ 200 - - Ditto ... 26 - 6 - 8 - 200 - - Ditto ... 5 November 6 - 8 - 250 - - Ditto ... 5 - 6 - 8 - 2.50 - - Ditto ... 5 - 6 - - 8 - 100 - - Ditto - 26 October 22 _ . 24 - 100 - - Ditto . 15 November • 2.5 - 27 - 200 - - Ditto . 26 October 10 June 12 August - lOO - - Ditto - 15 November 12 - 14 - 200 - - Ditto ... 15 - 12 - - 14 - 200 - - Ditto . 15 - 12 - - 14 - 200 - - Ditto . 15 - 12 - 14 _ 100 - - Ditto . 6 December 12 - - 14 - 600 - - Ditto . 13 - 1839: 12 - 14 - 1,000 - - Ditto - - 3 January 28 - 30 - 300 - - Ditto - - - 8 - 28 - 30 - - 200 - - Ditto . 21 - - 28 - 30 - 1,000 - - Ditto . 21 - 28 - 30 - - 1,000 - - Ditto Ditto ... 21 18 February 28 - 29 - 30 - 31 - - 1,000 - - 300 - - Ditto - 18 - 2 August - 4 October 300 - - Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto * •- « 1 April - 1 6 - 6 - 6 - 29 May 9 September 9 - 5 October 5 - 5 - 17 - 11 November 11 - - 7 December 7 - 7 - 19 - 1,000 - - 1,000 - - 500 - - 1,000 - - 500 - - 500 - - « - V 29 - - 29 - 29 - 17 - 17 - 17 - . 19 - 19 - 19 - 500 - - 500 - - 1,000 — — George Gawler, Resident Commis- | 4 June 26 - 28 November 3,000 - — sioner. 1840: Osmond Gilles - ■ 11 July 9 December 1840: 10 February 800 - - Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto - * . - 11 - - 17 January - 20 March - 200 - - ■ — a 9 - ■i : : 16 - 16 - 16 - 16 - 12 August - 23 - - 23 - 23 - 24 - 24 - 23 - 24 - 23 -■ - 26 - 26 - 26 - 27 - 27 - . 26 - 27 - 26 _ 500 - - 500 - _ 500 - - 500 - - 500 - - 500 - - 500 - - 400 - - Ditto Ditto * ■■ k- 20 - - 23 - 23 - 23 - 26 - 26 - 514 16 3 300 - - Ditto \' ' 23 - 23 - 26 - 300 - - The present Commissioners were appointed loth January 1840. SELECT COMMITTEE ON SOUTH AUSTRALIA. 173 BY WHOM DRAWN. Osmond Gilles - Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto J. Alexander Jackson Osmond Gilles - Ditto George Gavyler - Osmond Gilles - Ditto J. Alexander Jackson Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Osmond Gilles - Ditto J. Alexander Jackson ■ Ditto Ditto Ditto Diuo Ditto Ditto Ditto Ditto Osmond Gilles - Diuo Ditto J. Alexander Jackson Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto 0.21, DATE OF THE BILL. 1839: 21 August - 16 July 16 - - 16 - 12 August - 12 - 21 - - 15 July - 16 - 16 - 16 - 9 October - 23 August ■• 23 - 5 September 23 August - 23 - 9 October - 9 - 9 - 1 4 November 15 - 15 - 9 October - 9 - 21 - - 21 - - 1 3 November 13 - 15 _ 9 October - 9 - 9 - 9 - 15 November 9 October - 1 3 September 13 - 9 October - 9 - 9 - 1840 : 9 January - 10 - 13 - 1839: 22 November 22 - 9 October 13 September 13 - 13 - 1^. November 1840: 27 January 14 - 17 - 27 - 30 - ■21 27 - 30 - 30 - 10 - 15 - 7 - 11 20 - 25 - 27 - 14 - 16 - 27 - 25 - WHEN PRESENTED. March - 1840: 24 January - 25 - 25 - 27 - 27 - 27 - 25 - 1 February 1 - - 1 - - 1 - 1 - - 9 9 - 10 - 11 14 . - 6 April 6 - 8 - 8 - 8 - 8 - 8 - 8 - 8 ~ 8 8 8 8 8 8 8 13 20 24 24 2 2 5 May 11 11 11 - WHEN DUE. April May 1840 : 27 March 28 - 28 - 30 - 30 - 30 - 28 - 4 4 4 4 4 11 11 - 12 13 - 16 - 8 June 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 15 22 26 26 4 4 7 July 13 - 13 - 13 - 14 - - 16 - 14 - - i6 - 15 - - 17 - 20 _ - 22 — 30 - - 1 August 30 - - 1 - 2 J una - 4 ~ 5 . .. 7 ^ 5 - - 7 - 5 - - 7 - 5 - - 7 - 8 - - 10 - 8 - - 10 - 8 - - 10 - 9 - - 11 - 9 - - 11 - 9 - - 11 - 9 - - 11 - 10 - - 12 - 10 - > 12 - 10 - - 12 - 10 - - 12 - 10 - . 12 - 11 - - 13 - 11 - - 13 - 11 - - 13 - 12 - - 14 - AMOUNT. Bills drawn by authority of Colonel Gawler. £. 300 300 500 500 250 350 700 387 200 500 500 750 500 500 1,000 200 1,000 226 200 1,000 500 231 500 422 133 1,000 500 500 500 379 200 300 350 319 388 437 500 300 167 59 332 s. d. 17 15 8 5 4 la 5 »3 1 15 6 9 10 16 4 1 3 '7 9 131 19 - 226 7 - 1,065 18 5 500 - - 250 - - 100 — — 500 - - 500 - - 500 - - 400 •* — 116 6 6 350 - - 200 - - 259 9 - 250 - - 774 - - 50 - - 500 - - 500 - - 200 - — 270 4 - 520 - - 500 - - 500 - - 101 18 7 1,500 - - .571 9 2 160 _ 283 - - 16 2 — {continued) 2/3 174 APPENDIX TO REPORT FROM THE Bills drawn by authority of Colonel Gawler. BY WHOM DRAWN. J, Alexander Jackson Ditto » - Ditto Ditto George Gawler - J. Alexander Jackson Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto . - . Ditto -" Ditto - - ; - Ditto - ', - Ditto - - ',- Ditto - - - Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto Ditto - . . Ditto Ditto DATE OF THE BILL. 1840: 25 January - 25 - 1839: 2i2 November 29 October 2.5 - 22 November 22 - 22 - 13 - 1840 ; 25 January - 25 _ 14 - 16 - 16 - 4 February 5 - 14 January - 27 - 31 - - - 10 - 25 - 10 - 9 - - 23 - 10 - 1839: 29 October 29 - 1840: 10 January - 30 - 30 -- 27 - 25 - 11 February 27 January - 25 - 27 - 27 - 30 - 30 1 4 7 13 13 WHEN PRESENTED. February 25 - 25 - 26 - 25 - 29 - 29 - 29 - 4 - 2 March - 3 February 1840: 12 June 12 13 - 13 - 15 - 16 - 15 - 15 - 15 - 16 - 16 - 17 - 22 - 22 22 22 - 23 - 23 - 23 - 24 -. 24 - 26 - 27 - 27 - 29 - 6 July 6 - WHEN DUE. 13 - 14 - 14 - 15 - 17 - 20 - 22 - 27 - 27 - 25 - 27 - 27 - 28 - 28 - 27 - 27 - 27 - 27 - 27 - 27 - 27 - 29 - 29 - 29 - 29 - 31 - 3 August 20 - 1840: 14 August 14 - 15 - 15 - 17 - 18 - 17 - 17 - 17 - 18 - 18 - 19 - 24 - 24 - 24 - 24 _ 25 - 25 - 25 - 26 - 26 - 28 - 29 - 29 - 31 - 7 Sept. - 7 - AMOUNT. £. s. d. 126 6 - 13 3 6 250 - - 819 18 - 500 - - 500 - - 500 - - 500 - - 300 - - 68 2 1 50 - - 10 - - 1,000 126 The following Bills have not been Accepted: 300 - - J49 " 9 280 - - 197 - 11 295 9 6 600 - - i6 11 6 288 5 9 100 - - 420 - - 86 17 7 500 - - 509 - - 14 - - 300 - - 15 - - 500 - - 15 - - 500 - - 16 — - 300 - - 18 - - 300. - - 21 - - 724 8 8 23 - - 79. 6 3 28 - - 339 18 28 - - 70 - - 26 - - 750 - - 28 -" - 500 - - 28 - -■ 500 - - 29 - - 100 - — 29 - - ' 119 15 - 28 - - 103 8 _ 28 - - 338 16 _ 28 - - 372 18 - 28 - - 806 17 _ 28 - - 466 15 _ 28 - - 283 5 — •28 - - 100 - - 30 -" - 100 - - 30 - - 100 - - 30 - 350 - - 30 - - 150 - - 2 October 340 3 8 5 - -. 500 - - 22 f. 105 - - 7i>.597 10 1 . Alexander Jackson Ditto Ditto Ditto Ditto Ditto Ditto Ditto 1840 : 16 March 16 - 6 April 11 March 31 - 1 April 1 11 March 1840: 24 August 24 - 24 - 24 - 24 - 24 - 24 - 24 -, 1840: 26 October 26 - 26 - 26 - - 26 - 26 - 26 - 26 - £. s. d. 180 6 -! 272 9 4 260 500 - - 349 5 - 400 ■ - - 450 .- - 500 - -r SELECT COMMITTEE ON SOUTH AUSTRALIA. 176 DATE OF WHEN Bills drawn by BY WHOM DRAWN. | THE BILL. PRESENTED. WHEN DUE. AMOUNT. authority of Colonel' Gawler. 1840: 1840: 1840: f. s. d. J. Alexander Jackson - 30 March - 26 August - 28 October 500 - - Ditto - - . - - 30 - 26 - • 28 - 200 - - Ditto - - . 30 - 26 - 28 _ 200 - - Ditto - - ... 31 - 26 - 28 - 380 - - Ditto - - . 4 April 27 - 29 - 126 - - Ditto - - . 26 February 31 - 2 Nov. 300 - - Ditto - - . 21 January - 3 Sept. - 5 - 130 - - Ditto - - . 6 March - 4 - 6 - 147 15 7 Ditto - - - 3 April - 4 - 6 - 300 - - Ditto - - . - - 3 - 4 - 6 - 180 - - Ditto . - . 4 - 5 - 7 - 600 - - Ditto . . . - - 21 March - 7 - 9 - 76 16 11 Ditto - . . 29 February 14 - 16 - - 150 - - Ditto - - . 29 - 14 - 16 - 150 - - Ditto . - . - - 29 - 14 - 16 - 150 - - Ditto . - . . - 26 March - 15 - 17 - 299 10 - Ditto . - . . - 26 - 18 - 20 - 278 16 3 Ditto . - . . - 2 22 - - 24 - 143 4 6 Ditto . - ... 2 - 22 - - 24 - 114 1 - Ditto . - - 2 - 22 - 24 - 89 13 9 Ditto - - . 17 - 24 - 26 - 300 - - Ditto . - . 17 - 24 - 26 - 400 - - Ditto - - . 5 - 24 - 26 - 758 12 - Ditto . - . - - 5 - 24 - 26 - 300 - - Ditto - - . 10 - 24 - 26 - 3,000 - - Ditto . - ... 31 - 24 - 26 - 100 - - Ditto . - . - - 6 April 24 - 26 - 50 - - Ditto - • . 5 March - 24 - 26 - 80 - - Ditto . - . 1 April 25 - 27 - 120 - - Ditto . . - - - 26 March - 25 - 27 - 41 15 8 Ditto . - ... 2 - 28 - 30 - 97 12 6 Ditto . - - 26 - 28 - 30 - 43 14 7 Ditto _ . - 31 - 28 - 30 275 16 4 Ditto • . ... 4 April - 28 - - 30 - 1 ,000 - - Ditto - ... 24 - 28 - 30 - 194 8 - Ditto _ . . 26 March - 29 - 1 Dec. 40 19 3 Ditto _ . - 28 - 29 - 1 - - 37 12 10 Ditto _ . ... 26 - 29 - 1 - - 158 17 11 Ditto _ - . - - 26 - 29 - 1 - - 100 13 11 Ditto ^ . . - . 26 - 29 - 1 - 43 2 7 Ditto _ . ... 26 - 1 October 3 - 261 5 10 Ditto _ . . 4 - 2 - - 4 - 30 - - Ditto _ . . - - 25 April - 3 - 5 - 500 - - Ditto „ . . - - 15 - 9 - 11 - - 250 - - Ditto _ - . - - 5 March - 21 - - 23 - 350 - - Ditto _ . ... 5 - 21 - 23 - 149 _ _ Ditto _ - ... 25 April 21 - 23 - 500 - - Ditto „ . - 25 - 21 - - 23 - 500 - - Ditto _ - . 25 - 21 - 23 - 500 - - Ditto _ . - 25 - 21 - - 23 - 500 - - Ditto * . - • - 21 22 - 24 - 1 ,200 - - Ditto . _ ... 11 March - 24 - 26 - - 500 - - Ditto _ _ . 6 April 26 - 28 - 400 - - Ditto _ _ ... 15 - 36 - - 28 - 500 - - Ditto „ . - - - 4 May 26 - 28 - 549 - - Ditto _ . . - - 15 April - 26 - 28 - 500 - - Ditto _ . ... 15 - 29 - 31 - 500 - - Ditto . . ... 15 - 29 - 31 _ 500 - - Ditto _ m « . . 15 - 29 - 31 - 100 - - Ditto ^ . ... 21 - - 29 - 31 - 103 ^ 10 138 7 5 Ditto , _ ... 16 - - 29 - 31 - Ditto . _ . . - 18 - 9 Nov. 11 January 500 - - Ditto _ . ... 29 May 9 - 11 - - 600 - - Ditto _ . ... 18 - 9 - 11 - 300 - - Ditto _ - . - - 18 April - 9 - 11 - 500 - - Ditto , .. ... 31 March - 9 - 11 - 203 4 - Ditto _ . ... 9 April - 9 - 11 - 168 11 11 Ditto - - - 9 - 9 - 11 - 133 2 11 Ditto . - . - - 15 - 9 - 11 - 150 - - Ditto _ - ... 23 - 9 - 11 - 530 - - Ditto _ ... 25 - 9 - 11 - - 500 - - Ditto Ditto - - : : : 6 May 8 - 9 - 9 - 11 - 11 - - 250 19 - 179 8 9 Ditto _ . ... 14 - 9 - 11 - - 255 5 - Ditto . . . 19 June 9 - 11 - - 170 - - Ditto - - . 20 - 9 - 11 147 1 ir (continued) C.21. y4 176 APPENDIX TO REPORT FROM THE Bills drawn by authority of 1 BY WHOM DRAWN. DATE OF WHEN WHEN DUE. AMOUNT. Colonel Gawler. THE BILL. PRESENTED 1840: 1840: 1 840 : £. s. d. J. Alexander Jackson - 15 April - 10 Nbvembe r 12 January - 500 - - Ditto 15 - - 10 - 12 - . 500 - - Ditto - . . . . 4 - 10 - 12 - - 189 Ditto - . . . 18 - 10 - 12 - 350 - - Ditto - - . . 24 - 10 - 12 _ . 150 - - Ditto 9 iVIay 10 - 12 - . 82 15 2 Ditto - . - . . 27 April - 10 - - 12 - 163 - 1 Ditto 27 - 10 - 12 - 59 2 7 Ditto 28 -■ - 10 - 12 -' 140 .- - Ditto - . . L 20 June 10 - 12 - - 50 - - Ditto 9 May 12 - 14 - 450 - - Dittd 16 April 12 - - 14 - 600 - - Ditto 16 - . 12 - 14 - 500 - - Ditto 23 June 13 - 15 ~ 304 11 - Ditto 11 July 13 - 15 - 98 7 6 Ditto 19 June 13 - 15 - 155 3 - Ditto: 26 - 13 - 15 - 300 - - Ditto 5 May - 16 - 18 - 100 - - Ditto 6 - 18 - 20 - GS 12 6 Ditto 26 June 24 - 26 - 300 - - Ditto 26 - 24 . _ 26 _ r 150 - - Ditto - - . . 23 - 24 _ 26 - 174 1 - Ditto - - - 8 July - 24 _ 26 - 500 - - Ditto - - . 8 - - 24 - 26 - 500 - - Ditto 29 June 25 - 27 _ 500 - - Ditto 39 - 25 - 27 - 500 - - Ditto 29 - 25 - 27 - 500 - - Ditto 29 - 25 - 27 - 500 - - Ditto 30 April 25 _ 27 - 92 8 9 Ditto 16 June . . 25 - 27 - J 20 - - Ditto - ... J 33 - 25 - 27 - 100 - - Ditto - - . - - 24 - 25 - 27 - 449 5 - Ditto - - , . Ditto - . - . - 2 July 25 - 27 - 500 - - 2 - 25 - 27 - - fiOO - - Ditto - - - 2 - 25 - 27 - ^^ WW 500 - - Ditto - - - 24 June 26 _ 28 _ 800 - - Ditto - - . 1 5 April 28 - 30 - 500 - - Ditto - - - Ditto 23 June 30 - 1 February 100 - - 23 - 30 _ 1 _ . 100 - — Ditto - - - - 24 - 30 _ 1 _ 100 - - Ditto 24 - 30 - 1 - . 100 - - Ditto Ditto . . - 15 - 1 December 2 _ 200 - - 15 - 1 — 2 _ . 100 — - Ditto 15 - 1 — 2 - 116 5 - Ditto 19 _ I - 2 _ 583 15 - Ditto 22 April 1 — . 2 _ 200 — — Ditto 16 June 1 — 2 _ a.'jo - - 500 - - 315 10 6 341 14 - 340 - - 600 - - i'itto Ditto Ditto Ditto Ditto 14 August . 21 - . 14 - 1 - . 13 - 14 - 14 _ 14 - 17 - 17 - 1.5 - 15 - 15 - 18 _ . 18 - Ditto 5 June 22 _ . 23 - 186 3 - Ditto Ditto ..... Ditto Ditto Ditto - - . . . Ditto 26 - 26 - 16 - 26 - 26 - 26 - 5 January 5 - 5 - 5 - 5 - 5 -. 5 - 9 March . 9 - 9 - 9 - 9 - 235 7 - 200 - - 100 - - 200 - - 200 - r- Ditto 26 - - 9 - 200 - - Ditto 26 - 9 - - 200 - - Ditto - ... 8 - .5 - 9 - 200 - - Ditto 20 — 5 - 9 - 500 - - Ditto Ditto Ditto Ditto ..... Ditto ... 23 - - 2 July 2 - 6 - 2 — 5 - 5 - 5 - 6 - 6 - 9 - 9 - 9 - 10 10 - 400 , -, - 274 17 6 500 - - 500 - - 800 - - Ditto Ditto 23 June 3 July 1839: 7 - 8 _ 9 - 11 - 12 - . 13 - 500 - - 140 2 2 500 - - His Excellency Col. Geo. Gawler i5 October - 184O: 9 - 13 - 500 - - J. Alexander Jackson ... Ditto 3 April - J4 June 2fi ^ I February 30 - 5 April - .25 - - 4H5 10 - SELECT COMMITTEE ON SOUTH AUSTRALIA. 177 BY WHOM DRAWN. J. Alexander Jackson - Ditto - - - Ditto - - - Ditto . - - Ditto - - - Ditto - - . Ditto Ditto . - - Ditto - . - Ditto . - - Ditto - - - Ditto . - - Ditto - - - Ditto ... Ditto - . - Ditto Ditto - - - Ditto - - - Ditto - - . Ditto - - - Ditto - - - Ditto - - . Ditto _ - Ditto ' - Ditto Ditto - - - Ditto . - - Ditto . - - Ditto - - - Ditto . - - Ditto . . - Ditto - - - Ditto . . - Ditto - - - Ditto - - - Ditto . - - Ditto - - - Ditto . - - Ditto - - - Ditto DATE OF WHEN Bills drawn by THE BILL. PRESENTED. WHEN DUE. AMOUNT. authority of Colonel Gawler 1840: 184O: 1840: £. «. d. 6 August - 8 February 12 April - 476 4 5 26 - 8 - 12 - - 546 8 2 October 8 - 12 - • 600 - — 9 - 8 - 12 - - 600 - _ 14 July n - - 15 - - 324 2 6 6 August - 11 - - 15 - - 127 3 9 18 April - 15 - '9 - - in 2 26 June 15 - 19 - - 3,000 - _ 1 1 July 15 _ 19 - - 66 6 - 23 - 15 _ 19 - - 121 1 - 28 - '5 - 19 - - 90 - — 1 August - 15 - 19 - - 229 16 -. 3 - 15 -, ■- 19 - - 395 9 4 15 - 15 _ 19 - - 500 - - 18 _ 15. - ig - - 400 - - 18 .- 15 - 19 - - 371 11 1 27 - 15 - 19 - - 436 19 - 28 - 15 - 19 - - 1,020 1 8 16 Sept. - 15 - 19 - - 872 - 4 1 - 16 - 20 - - 200 - — 5 May - 16 - 20 - - 200 - - 5 - 16 - 20 - - 150 - _ 1 Sept. - 16 - 20 - - 600 - _ 20 June 18 - 22 - - 52 18 1 20 - 18 - 22 - - 67 19 5 5 August - 18 - 22 - - 100 - - 26 - 18 - 22 - - 1,000 - — 13 - 19 - 23 _ - 160 - -■ 18 - 19 - 23 - - 165 1 — 24 June 20 - 24 - - 121 3 - 13 August - 20 - 24 - - 279 2 la 18 - 20 - 24 - - 400 - — 14 Sept. - 20 - 24 - - 500 - - 5 August - 22 - 26 - - 100 - - 5 - 22 - 26 - - 150 - - 7 - 22 - 26 - - 1,500 - - 7 - 22 - 26 - - 1,500 - - 7 - ■22 - 26 - - 1 ,000 - — 11 - 22 - 26 - - 280 5 - 4 - 23 - 27 - £. 25 8 6- 6^,347 5 2 w JV.B.— By the numbers on the Bills it appears there are 33 Bills not yet presented. Total of Bills drawn by the authority of Col. Gawler since his arrival in the"! colony, and which have been accepted and paid at maturity - - -J Total of Bills drawn by the authority of Col. Gawler since his arrival in the! colony, which have been presented to the Commissioners for acceptance, \ but which have neither been accepted nor paid - J £. £. s- d. 71,597 10 1 69.247 5 2 140,844 15 3 4 March 1841. Joseph Jackson, Accountant.. 0,21. 1^8 APPENDIX TO REPORT FROM THE Paper, No. 7. (1.)— Copy of a LETTER from Rowland Hill, Esq. toX Steplien, Esq. South Australian ColoniaWoffice, Adelphi-terrace, V, Sir, 3 April 1837. to°J Ste h V^ ^ ^^ directed by the Colonization Commissioners for South Australia to acknowledge the sAprU i^k'7 ^^' ^^^^'P'' of your letter of the 23d ult., and to submit for the information of Lord Glendg the ' ' explanations required by his Lordship on the several topics to which your letter refers. With respect to the renewed apphcation contained in my letter of the 3d ult. for an answer to the chairman's letter to Lord Glenelg of the 1 7th August, the cornmissioner? beg to observe that, until the receipt of your letter of the 23d ult., they .were not aware that the financial question involved in the chairman's letter had been considered by Lgrd Glenelg as set at rest. . . , The main question mooted in the chairman's letter was not whether, under the existing Act of Parliament, the custody of the revenue fund was vested in the commissioners, but whether it was the intention of the Secretary of State for the Colonies that the commis- sioners should be permanently charged with the financial administration of the n€W colony, so as to carry out the self-supporting" principle upon which it was founded, or tliat they should have their functions limited to disposing of the public lands and conducting the emigration. It did not occur to the commissioners that the decision by the law officers of "the Crown, of the question respecting the present custody of the revenue fund, was considered as involving the decision of the further question regarding the limitation or extension of the powers of the commission, and therefore they, renewed their application for a reply to the chairman's letter of the. 17th August, in order that they might regulate their proceedings in conformity with the intentions of the Secretary of State. Had Lord Glenelg. been of opinion that it would be expedient to limit the functions of the commissioners to the disposal of the public land, and to conducting the emigration, the commissioners would have gladly resigned all more responsible duties, and would, without question or discussion, have disposed of the revenue fund placed in their custody by the Act of Parliament, in «uch manner as the Secre- tary of State forithe Colonies and the Lords of the Treasury might suggest. But though the commissioners would have preferred this arrangement, yet they will not shrink from nor evade the more responsible duty of administering the finances of the colony, and carry- ing out the self-supporting principle, now that they understand that Lord Glenelg looks to them for the redemptioii of the pledge given to Parliament, that the new colony should not involve, the mother country in expense. " The only object of the commissioners in renewing their application for a reply to their chairman's letter was, to ascertain the precise nature and extent.of the duties which, it was intended they should discharge ; and, this object attained, they will endeavour to execute the functions dejegat^d to them to the best of their ability, and, as they venture to hope, to the satisfaction of j,he authorities under which they serve. With respect to the draft of the Bill for amending the South Australian Act, I am directed to state that when they received, in answer to their application! of the 18th February 1836, your letter of the 25th of the same month, stating that Lord Glenelg desired that the draft of the Bill for effecting this object should be prepared by them, the commissioners employed Mr. Senior and Mr. Coulson to prepare and settle ihe draft, and forwarded it for Lord Glenelg's consideration on the 1st of June. The draft now under consideration is the same as that before submitted, with this exception, namely, that all the clauses of the original draft not required in order to secure financial facilities and economy have been omitted, in conformity with Lord Glenelg's desire, that in the present session a short declaratory Act upon financial points should alone be passed. The first clause of the proposed Bill is intended to give the commissioners a more direct control over their treasurer in this country, in order that they may have power (which does not appear to be distinctly given to them by the existing Act), of requiring him to keep the balances in his hands at a low amount, and of thus reducing the extent of his responsibi- lity and securities, and, consequently, of his remuneration. This clause was drawn before any reference had been made to the law officers of the Crown, with respect to the custody of the revenue fund; and if the result of that reference be to remove the doubt whether the commissioners have authority to require their treasurer to invest his growing balances in Government securities, and in the hands of trustees approved by the Lords of the Tsea- sury, the first clause may, without detriment, be wholly omitted. The object of the second clause is not to authorize the commissioners to borrow money at a higher rate of interest than that prescribed by the South Australian Act; but, on the contrary, is to enable the commissioners t6 effect an arrangement for reducing the rate of interest on the money borrowed, and to be borrowed, from to per cent, to 7 per cent. The operation of the clause will be explained by the enclosed copy of the proposed con- tract with Mr. Wright, to all the leading features of which that gentleman has already as- sented. By this it will be seen, that it is proposed that a 6 per cent, stock shall be created, the commissioners receiving, in cash, 85 1, for every 100 1, stock. By this arrange- ment the interest to be paid on the money actually received will be, as nearly as possible, 7 per cent. On the whole loan of 41,000/., together with a loan of 9,000 Z. already raised on SELECT COMMITTEE ON SOUTH AUSTRALIA. 179 on similar ter'ms, tlie immediate reduction of interest, under the proposed arrangement,, Rowland Hill, Bsq. would amount to about 1,500/. per annum. If the commissioners should pay off tfie loan, to X Stephen, Esq. at the expiration of 20 years, it is true that they would be obliged to give 100 Z. for every 3 April 1837. 85 I. received ; but estimating the present value of this addition, it appears that the actual ■ ■ saving to the colony, during the whole term of 20 years, would be about 'ij per cent, per annum, after paying this increased sum. By the financial arrangement which the commissioners have made, and which the second clause of the draft gives them power to complete, the colony, should the loan be paid off at the expiration of 20 years, will have saved, during that period, 2 ^ per cent, per annum on 50,000 1. The fourth clause of the draft would have been important, had the Bill for amending the South Australian Act been passed last session, as originally proposed; because then the commissioners had at their disposal a large and unemployed emigration fund, the lending of which to the revenue fund would have enabled them to defer raising money on revenue bonds, and consequently to effect a considerable saving of interest. But, at present, the South Australian Company, and other capitalists, are. urging the commissioners to send out so large a supply of emigrant labourers, that the whole of the emigration fund at present at their disposal will be speedily exhausted. Under these altered circumstances, the power of making temporary loans from one fund to the other becomes comparatively unimportant; and though the commissioners do not conceive that any difficulty would be experienced in applying the loans raised on revenue bonds in replacing, to the emigration fund, the sums withdrawn from it and lent to the revenue fund, yet they are not now unxious, on the ground of immediate economy, that the clause authorizing the borrowing from one fund to another should be retained. The grounds upon which the commissioners recommend the fourth clause are these : The South Australian Act requires that the new colony shall defray its own expenses, but does not require that it should contribute towards the expenses of the mother country. Now, if any sums raised on South Australian securities, and charged upon the future revenues of the colony, are paid into the British Treasury, on account of the stamps upon such securities> it is clear that the sums thus paid will be deducted from the revenue of the colony, and added to that of the mother country. The stamp duty upon South Australian bonds is, in its operation, a tribute levied by England upon the province of South Australia; and the commissioners have therefore pre- pared the fourth clause of the draft, in order to effect its abolition. The object of the fifth clause is to give to the acts of the commissioners, done during the period which elapsed between the day on which they were gazetted and that on which their actual appointment took place, the same validity which those acts would have possessed had the appointment and the gazetting been coincident. The commissioners would be desirous to have the wording of the clause so corrected as to effect this object, and nothing more. The commissioners beg to explain the grounds upon which they have recommended the inaporiant alteration which the sixth clause of the draft is intended to effect. The South Australian Act provided, that before any step towards the establishment of the projected colony should be taken, 35,000?. should be advanced for the purchase of land, and that a loan of 20,000 /. should be raised on the security of colonial revenue bonds, and placed at the disposal of Government. By these provisions of the Act, Government obtained a double guarantee; a guarantee against rash adventure on the part of the unending emigrants, and a guarantee against errors of judgment and mismanagement on the part'of the commissioners. The payment in advance of 35,000/. for the purchase of land in a colony yet to be founded, was a guarantee that amongst the intending colonists <;h6re was no deficiency of capital ; and the placing, at the risk of the subscribers to the South Australian revenue bonds of 20,000/. in the hands of Government, was a guarantee that no mismanagement by the Colonization Commissioners, of the emigration fund placed at their disposal could have the effect of involving the mother country in expense, because in-the event of such mismanagement on the part of the commissioners as might render it necessary for the Government to interfere, for the support or removal of ernigrant labourers sent out through the miscalculation of the commissioners, the security fund would have enabled the Government to effect those necessary objects without expense to the public. The commissioners are very far from questioning the expediency of the original establish- ment of theguarantee fund, as the means of protecting the Government against contingent expenses ; they merely contend, that as the danger against which that fund was mtended to provide no longer exists, the continuance of the fund will render the colony less able than it otherwise would be to defray its own expenses, and must consequently be dleative of the danger against which it was intended to provide. ■ - ' The pledge given to Parliament comprised two distinct conditions : First, that the colony of South Australia should be established without involving the mother country in expense; and, secondly, that it should be maintained without involving the mother country in expense. The first of these conditions has now been fulfilled ; the danger lest the planimg ol the .colony should require an advance from the public purse no longer exists; and, therelore, as far as regards protection from such danger, the guarantee fund is no longer necessary. With respect to this fund the only question for consideration now is, whether the keeping of it up will secure the fulfilment of the second condition implied in the pledge . . . • to Parliament by enabling the colony now established to defray its own expenses. On this question the commissioners submit the following considerations. 0.21. 22 The i8o APPENDIX TO REPORT FROM THE Rowland Hill, Esq. The colony of South Australia cannot now be recalled ; the settlers who have purchased to J. Stephen, Esq. land under the sanction of an Act of Parliament cannot be ejected, nor can they be left 3 April 1837. without a Government and without protection. Under these circumstances one of two ■ things is inevitable, either the revenue of the colony must be made equal to the expenditure of the colony, or else a portion of its expenditure must be defrayed out of the public purse. Now the guarantee fund adds nothing to the revenue of the colony, while it increases the expenditure of the colony by the balance of interest upon 20,000 Z. It is evident, therefore, that this fund has now become creative of the danger against which it was intended to provide. The difference between the interest which the commissioners pay upon the guarantee fund, and the interest which they receive from the Government securities in which it is invested, amounts to about 1,400^. per annum. Should the revenue of the colony just equal the expenditure required for keeping up its necessary establishment, there would be no charge upon the public purse if there should be no guarantee fund ; while if the guarantee fund should be kept up, a charge of 1,400 1, per annum would be thrown upon the mother country. It is for the reasons which they have now endeavoured to state that the commis- sioners are solicitous that, in the amended Act, the provision requiring the keeping up of the guarantee fund should be repealed. With respect to Lord Glenelg's desire that the proposed measure should be preceded and accompanied by some estimate of the charge which it is designed to incur, and of the ways and means by which it can be provided for, the commissioners direct me to state that by the proposed amendments in the Act they contemplate that a reduction to the amount of about 3,000/. per annum will be effected upon the colonial expenditure. The estimate given in my letter of the 16th ult. was calculated as nearly as possible upon the actual charges incurred on account of the colony during the preceding year ; but as it was made before the recent demand for an enlarged emigration had arisen, it is possible that the cost of conducting the emigration department may have been understated. The South Australian Company have made a considerable addition to their capital, and are urging the commissioners to furnish them with a large supply of labour. A South Australian Protestant Society has been formed in Ireland, and has applied to the commis- sioners for an extensive allotment of land on which to plant a community, while the original sections of land, which the commissioners sold at the rate of 12 s. per acre, have, on some -occasions, been resold by the first purchasers for 24s. per acre; under these circumstances the commissioners apprehend that they may have to conduct a much more extensive emi- gration during the present year than that which they conducted during the past year. Should this be the case, an increased charge must be incurred, either under the head of salaries or under that of remuneration for special services. As to the ways and means by which the charges upon the colony may be provided for, they consist, in the first place, of the loans which the commissioners are authorized to raise on the security of the future revenues of the colony, and secondly, of those future revenues themselves; but with respect to the future revenues, it is impossible that the commis- sioners should now be able to furnish any estimates likely to prove correct; all they can do is, to suggest the means of curtailing unproductive expenditure^ and to perform, to the best of their ability, and to the extent of the means with which they may be furnished, the executive duties of planting the colony on a scale sufficiently extensive to enable it at an early period to defray its own expenses. If the productive expenditure incurred for emi- gration should be greater in the present than in the preceding year, the commissioners conceive that the incurring of this additional charge will create the ways and means by which it may be provided for. The anxiety of the commissioners to furnish the most complete explanation in their power upon the several points connected with the proposed amendments in the South Australian Act, has caused this letter to extend to a length which the commissioners regret, ■and for which they beg to apologize. I have. Sic. (signed) Rowland Hill. Memorandum of Agreement between the Colonization Commissioners for South Australia and Mr. John Wright, with reference to a further Loan of 41,000/. 1. Mr. Wright engages to raise for the commissioners a loan of 41,000/. sterling, to be paid by instalments, as after-meniioned, for which amount the commissioners engage to deliver colonial revenue securities under the authority of the Act 4 &. 5 Will. 4, c. 95. 2. The loan to bear interest at the rate of 10 per cent, per annum, the commissioners having the option to convert it into six per cent, stock at the rate of 100/. of stock for every 85/. received, as soon as they are empowered so to do by Parliament. 3. Periods of payment to he as follows: Fifteen per cent, on the 15th of April next, the remainder to be paid by instalments, not exceeding 10 per cent, each, when required by the -commissioners, at such time and place as they shall appoint, upon their giving six weeks' notice to Mr. Wright of each instalment called for. (It is understood that the commis- sioners will give a longer notice when they are able so to do.) 4. Scrip receipts to be given for each instalment. On completion of all instalments, bonds to be given in exchange for scrip receipts; or when 50 per ceni. has been paid, the holders SELECT COMMITTEE ON SOUTH AUSTRALIA. 181 holders of scrip receipts to have the option of claiming bonds for any payments exceeding Rowland Hill, Est 20 per cent., leaving 20 per cent, as a security for the payment of the remaining iastal- to J- Stephen, Es^ jnents. 3 April 1837. i 5. Interest at 10 per cent, per annum to be paid on instalments until the commissioners shall give notice to Mr. Wright of tlieir intention to convert the loan into a six per cent. stock, and from thenceforth seven per cent, to be paid till the subscription is complete. The interest to be paid half-yearly, viz. on the 15th January and 15th July. 6. Bonds, if for a lo per cent, loan, to run 10 years, and not to be paid off within that time, and if for a six per cent, loan at 85 per cent., to run 20 years from their respective dates. To be for not less than 100 1, each, and persons desiring to have them for less than 500 1, each, to pay the extra stamp duty. Upon conversion of the loan into a six per cent, stock, the holders to pay or receive fractional sums, as the commissioners may appoint, in exchanging their bonds. i 7. Mr. Wright's responsibility to extend only to the payment of the first instalment of 15 per cent., and if default shall be made in payment of any sum called by the commis- sioners after such notice as before mentioned, then the payment or payments before made, and all interest due thereon, will be forfeited to the commissioners, and the engagement to deliver bonds to be void, but bonds actually issued- to remain valid. Mr. Wright to receive a commission of one per cent, for negotiating the loan, to be paid on each instalment as received. 8. No other monies to be raised by the commissioners on the South Australian colonial revenue securities until the instalments under the present contract have all been paid. (2.)— Copy of a LETTER from Rowland Hill, Esq. to J. Stephen, Esq. South Australian Colonial-ofiice,«Adelphi-terrace, Sir, 14 April 1837. I AM directed by the Colonization Commissioners for South Australia to acquaint you, for the information of Lord Glenelg, that they have completed the contract with Mr. Wright rfor a loan of 41,000 /. on the terms stated in the enclosed copy of the agreement (which are substantially the same as those named in my letter of the 3d inst.); and to request you will submit to his Lordship the great importance of applying to Parliament for authority to convert the loan into a six per cent, stock with the least possible delay. I am also directed to acquaint you, for the information of Lord Glenelg, that in cbnse- -quence of the greatly increased number of persons desirous of emigrating to the colony, the commissioners are making arrangements for despatching two vessels from the port of London, one at the beginning of May, the other early in June, and a third from the Clyde -also in June. Further, that in all probability they shall despatch one or more vessels from Ireland in the course of the summer; the deputation from the South Australian Protestant Association, mentioned in my letter of the 3d instant, having stated, at a meeting of the Board on the 12th instant, that their subscription list was nearly completed, and that in all probability at least 500 members, with an aggregate capital of about ioo,oooZ., would be prepared to depart about August. I have, &c. (signed) Rowland Hill. Rowland Hill, I to J. Stephen, Jb 14 April 183^ JMemorandum of Agreement between the Colonization Commissioners for South Australia and Mr. John Wright, with reference to a further Loan of 41,000 I. 1. Mr. Wright engages to raise for the commissioners a loan of 41,000/. sterling, to be paid by instalments as after mentioned, for which amount the commissioners engage to deliver colonial revenue securities under the authority of the Act 4 8c 5 Will. 4, c. 95. 2. The loan to bear interest at the rate of 10 per cent, per annum, the commissioners having the option to convert it into 6 per cent, stock, at the rate of 100 Z. of stock for every '85 Z. received, as soon as they are empowered so to do by Pariiament. 3. Periods of payment to be as follows: 15 per cent, on the 15th of April instant, the remainder to be paid bv instalments, not exceeding 10 per cent, each, when required by the commissioners, at such' time and place as they shall appoint, upon their giving six weeks' notice to Mr. Wright of each instalment called for. (It is understood that the'commis- sioners will give a longer notice when they are able so to do.) 4. Scrip receipts to be given for each instalment. On completion of all instalments, "bonds to be given in exchange for scrip receipts, or when 50 per cent, has been paid, the holders of scrip receipts to have the option of claiming bonds for any payments exceeding 20 per cent., leaving 20 per cent, as a security for the payment of the remaining instal- ments. 5; Interest at 10 per cent, per annum to be paid on instalments until the commissioners -shall give notice to Mr. Wright of their intention to convert the loan into a six per cent, stock, and from thenceforth seven per cent, to be paid until the subscription is complete. The interest to be paid half-yearly, viz. on the 15th January and 15th July. 6. Bonds, if for a 10 per cent, loan, to run 10 years, and not to be paid off within that ,-time, and if fof a si.'C per cent, loan at 85 percent, to run 20 years from their respective 0.21. ^3 dates. i82 APPENDIX TO REPORT FROM THE Rowland Hill, Esq. dates. To be for not less than loo I. each, and persons desiring to have them forless than to J. Stephen, Esq. bOoh each, to pay the extra stamp duty. 14 April 1837. Upon conversion of the loan into a six per cent stock, the holders to pay or receive '. fractional sums, as the commissioners may appoint, on exchanging their bonds. 7. Mr. Wright's responsibility to extend only to the payment of the first instalment of 15 per cent.; and if default shall be made in payment of any sum called by the. commis- sioners, after such notice as before mentioned, then the payment or payments before made, and all interest due thereon, to be forfeited to the commissioners, and the engagement to deliver bonds to be void, but bonds actually issued to remain valid. Mr. Wright to receive a commission of one per cent, for negotiating the loan, to be paid one-half out of the first instalment, and the remainder on the payment of the last instalment. 8. No other monies to be raised by the commissioners on the South Australian colo- nial revenue securities, until the instalments under the present contract have all been called for. 6, Adelphi Terrace, 5 April 1837. (3.)— Copy of a LETTER from J. Stephen, Esq. to The Colonization Commissioners. , Gentlemen, Colonial-office, 26 April 1837. p. Stephen, Esq. to With reference to your secretary's letters of the 3d and 14th instant, I am directed by |he Colonization Lord Glenelg to acquaint you that his Lordship proposes immediately to signify to the ' ^'i'^^n^^fi^' Lords of the Treasury his opinion that there is no valid objection to the introduction into P" ^°37- Parliament of a Bill, having for its objects, first/ the conversion into six per cent, stock of the loans which you propose to raise for executing the objects of your commission; and, secondly, for authorizing His Majesty's Government to dispense with the maintenance of the guarantee fund. These, however, are questions purely financial, and which, as' Lord Glenelg apprehends, belong exclusively to the Lords of the Treasury to decide upon. His Lordship proposes, therefore, to request the Board of Treasury to enter into direct com- ^ munication with you as to the terms of the intended Act of Parliament, assuming it to be confined to those objects alone; and Lord Glenelg would further wish that you would communicate to the Lords of the Treasury a statement of the reasons which appear to you to recommend the proposed alteration in the law. Lord Glenelg is of opinion that this will be a more convenient course than if he should transmit to the Board of Treasury copies of your correspondence with this department on the subject, as that correspondence has in its progress involved other questions, the con- sideration of which is not at present necessary, and which might render it more difficult for their Lordships to appreciate correctly the precise topics to which alone their attention is now to be called. I have, &c. (signed) James Stephen. (4.)— Copy of a LETTER from J. Stephen, Esq. to A. Y. Spearman, Esq. Sir, Downing-street, 26 April 1837. „ , I AM directed by Lord Glenelg to acquaint you, for the information of the Lords Com- p en, hisq. to jjiiggjoners of the Treasury, that his Lordship has been engaged in a protracted correspond- p man, ence with the Colonization Commissioners of South Australia, on the subject of certain 26 April 18^7. amendments which they have been desirous to have made in the Act of Parliament under * ■ which they are acting. In the result of that correspondence Lord Glenelg has seen sufficient reason to adopt the conclusion that two changes in the law are desirable; of these the first would enable the commissioners to create a stock, bearing an interest of six . per cent, per annum, in satisfaction of the loans which by. the Act of Parliament they have been authorized to raise. The second would authorize His Majesty's Government to dispense with the further maintenance of the guarantee fund. Lord Glenelg abstains from entering into an explanation of the reasons which have in- ■ duced him 10 aciopt these conclusions, partly because the questions, being entirely finan- • cial, would seem to fall within the peculiar province of the Lords of the Treasury, and also because the explanation of the commissioners, by which his Lordship's judgment in this cfise has been influenced, are connected in the letters with the discussion of many other topics irrelevant to these questions ; and if the whole of the correspondence should be transmitted to the Lords of the Treasury, it would impose on them the necessity of reading . much that is unimportant with a view to the decision now to be formed. The difficulty of selecting from that correspondence the passages which bear directly upon the present suggestions, appears to Lord Glenelg almost insuperable. His Lordship would tlierefbve sugf^est to the Lords Commissioners the expediency of their receiving . directly from the Colonization Commissioners of South. Austialia, the statements they have to msike in support of these propositions ; and his Lordship has informed them that he would make that proposal to the Lords of the Treasury. I have, &c, (signed) James Stephen. SELECT COMMITTEE ON SOUTH AUSTRALIA. 183 (5.)— Copy of a LETTER from A. Y. Spearman, Esq. to J. Stephen, Esq. ^""j Treasury Chambers, 8 June 1837. ^^' ^' I AM commanded by the Lords Commissioners of His Majesty's Treasury to acquaint ^'^- ^P^^""*'"' you, for the mformation of Lord Glenelg, with reference to your letter of the 26th April ^ ^- '" ^' ^ last, on the subject of certain amendments in the Act regulating the proceedings of the \ jn„g ^g^v Colonization Commissioners for South Australia, that my Lords have received a communi- J' cation from the South Austrahan Commissioners, submitting the draft of the Bill adverted to by you, with an explanation of the grounds upon which the enactments thereby contem- plated are proposed. These enactments are^ , 1. To amend the clauses in the existing South Australian Colonization Act by which the commissioners are empowered to raise certain sums of money, by further empowering them to grant annuities for lives or terms of years. 2. To relieve any bonds or other instruments executed by the commissioners in pur- suance of the Acts relating to the colony from stamp duties. 3. To confirm and give validity to certain acts done by the commissioners on their first appointment. And, " 1 4. To dispense with the maintenance of the guarantee or security fund provided for by the 24ih clause of the present Act. With regard to the first of these propositions, you will acquaint Lord Glenelg, that my Lords having obtained a report thereon from the actuary of the National Debt Office, are disposed to concur in opinion with his Lprdship, that it would be desirable the commis- sioners should possess the powers sought in this respect. My Lords have, however, to suggest, that the proposed clause of the new Bill for effect- ing this object should be modified in the manner pointed out by the actuary, of whose Report a copy is herewith transmitted; at the same time they may further observe, that the saving likply to accrue from the application of this new provision in the case of the loan for which the commissioners have recently contracted with Mr. Wright, would appear^ from this Report to have been overrated. - With respect to the proposed remission of stamp duties on bonds or other instruments the commissioners may have occasion to issue, my Lords have to remark, that no such remission was contemplated in the original arrangements relating to the formation of the settlement, nor has it been customary to grant it in the case of securities or other instru- ments executed in this country on behalf of other colonial governments ; my Lords there- fore cannot accede to this proposition. To the third clause of the intended enactment my Lords see no objection ; but with respect to the provisions of the remaining clause relating to the guarantee fund, they must request that you will observe to Lord Glenelg, that the guarantee was expressly taken as security that no part of the expense, either of founding or of " governing" the said colony, should fall on the mother country ; and as the stipulation in this respect has appeared to my Lords to have formed one of the fundamental principles upon which the peculiar arrangements relating to the colony in question were submitted for, and obtained the sanc- tion of Parliament, my Lords regret that they cannot concur in Lord Glenelg's suggestion, that the maintenance of the guarantee fund provided for by the Act of /\ Stg Will. 4, c.,95, can be dispensed with. In submitting these observ ations to Lord Glenelg, you will further state, that my Lords have caused the Colonization Commissioners to be apprised that his Lordship has been put in possession of their opinion with respect to the proposed enactments of the Bill, which was forwarded to this Board by the commissioners in conformity with his Lordship's desire; and you will at the same time move his Lordship to cause the requisite modifications to be made in the clauses of the proposed Bill before it is submitted to Parliament. I am, &c. (signed) A. Y. Spearman. 611; Sir, National DebtOflice, 22 May 1837. I HAD the honour of receiving Mr. Brande's note of the 14th instant, enclosing the extracts of a letter from the South Australian Colonization Commissioners, proposing a clause which they are desirous of having inserted in an Act for amending the Act 4 & 5 of the King, c. 95, and enclosing the copy of a contract recently effected with Mr. Wright, in elucidation of the same ;, and it being the desire of the Chancellor of the Exchequer that I should report my opinion whether the view taken by the commissioners of the saving of interest likely to be effected by the exercise of the proposed plan is well founded, and whether it is likely to enable them to obtain further loans oii"more"advaiitageous terins than under the existing Act, and generally to facilitate their arrangements for raising money: I beg leave to acquaint you, for the information of the Treasury, that I have carefully con- sidered these papers, and am humbly of opinion that such a clause is highly expedient, believing that its scope and meaning is to enable the commissioners to reduce the charge of their colonial debt from time to time hereafter, according to the growing prosperity of the colony, and its increasing credit and resources. /) 41. 24 J^t l84 APPENDIX TO REPORT PROM THE A. Y. Spearman, Esq. to J. Stephen, Esq. 8 June 1837. It appears that previously to the -contract with Mr. Wright, a debt of 9,000 /. had been incurred, bearing interest at 10 per cent. He engaged to raise 41,000/. more, of which 6,150/. was paid down as a deposit, the remaining 34,850 /. to be made good by instal- ments hereafter, on the requisition of the commissioners, after six weeifs' notice. Thus a debt of 50,000 /. is contracted for, of which 15,150 /. is actually incurred. It is stipulated with Mr. Wright, that the advances under his contract shall bear interest at 10 per cent., guaranteed against reduction for 10 years ; it is not stated whether such a guarantees as extended previously to the tenders of the 9,000/. already borrowed, but it is, from the reasoning of the commissioners, to be inferred that such was the case. But in contemplation that the clause now in question shall be conceded, it is further stipulated that the commissioners may at any time convert the paid and unpaid portion of the debt so contracted for into stock ; 100/. of which is to be granted for 85 /. in money, and to bear interest at six percent., guaranteed against reduction for 20 years. Then if the clause shall not pass, there is a debt of 50,000 /. bearing a yearly interest, for 10 years certain, of 5,000/. But if the clause is conceded, the commissioners may give notice to the creditors under Mr. Wright's contract, of their desire to convert the bonds at 10 per cent, into the six per cent, stock as above. Up to the receipt of that notice, the money actually paid bears in- terest at 10 per cent. From thenceforward, until the loan is all paid up, by such successive requisitions as the commissioners may think proper to make, the interest is to be only seven per cent., being a fraction less than when the final payment is made, for then the interest wilbe rather more than 7 /. is. 2d. per 100/. The fact that Mr. Wright not only yielded to such an alternative, but required a gua- rantee that the increased capital in six per cent, stock of 48,235./. 6 s. should not be paid off at par for ao years, is sufficient evidence of his belief in the probability that the commis- sioners would be able at the end of 10 years to borrow money at five per cent, (a belief in which I also participate), and therewith discharge the whole debt of 50,000 /., which they are entitled to do under Ijis contract, and reduce the charge to 2,500/., being one-half the charge for the first 10 years, without any increase of capital, let interest be taken at five per cent. On this alternative the present value of the lender's prospects is as follows : The possession of 50,000/. stock in five per cents., after 20 years, and in the meantime an annuity of 2,500/. for 20 years. The value of this last is now ---------- A further annuity for the first 10 years of 2,500/., the present value of which is ----------- Total - - - £. £. s. d. 31.378 9 6 19,486 9 - 50,864 18 6 On the other alternative, a capital of 58,823 /. 10s. yd. in six per cent, stock is pur- chased, insured against reduction for 20 years, and here the creditor's prospects are: 1st. A capital in five per cent, stock, after 20 years, of 50,000 /., as in the former case. 2d. £.8,823. 10. 7. to be paid off at par after 20 years, the present value of which is _________ 3d. An annuity of 3,529 /. 84'. ^d. for 20 years certain, worth now - Brought down The saving by the proposed plan is less than Total £. £. £. s. d. 3.280 2 8 44,299 - 6 47.585 3 2 50,864 18 6 3,279 15 4 Because this balance supposes that no interest at the rate of 10 per cent, should ever be paid on any part of the debt, neither on the first debt of 9,000 /., nor on the 6,150/. already advanced by Mr. Wright, nor on any other advance stipulated by his contract. But it is a positive covenant with him that such interest shall be paid until the commissioners a;ive notice of their intention to form the six per cent, stock; and as it cannot be known vvhen this may happen, no computation can be made of the deduction from the above balance, in respect of Mr. Wright's advances. But with respect to the previous debt of 9,000/. there will, it is assumed, be interest payable for 10 years, to the extent of three per cent, more than is above allowed for, or 270/. per annum. £. s. ' Present value If so, the above saving is reduced (independently of any delay in the conversion into stock, as above) - -----£. 2,104 10 9 (3,27915 4) 1,175 4 7 The SELECT COMMITTEE ON SOUTH AUSTRALIA. 185 ' The commissioners aver, however, that by the proposed conversion (which the clause is ^- ^- Spearman, to empower), after allowing for the present value of 8,823/. 10 A"- 1 d. of additional capital ^^l' ^° ■'• Stephen, which it creates, " it appears tliat the actual saving to the colony during the whole term of ^'^^" ^ "^""^ ^^37- 20 years would be about 2 \ per cent, per annum (after paying that increased sum) oa 50,000/. ;" that is to say, the saving in question will be 1,250/. per annum for 20 years. But to make this out, they must, besides assuming the interest of money at 6 ^ per cent., assume two other propositions, not only repugnant to each other, but neither of them true, each being contradicted by the contract. First, that by the proposed conversion into 6 per cent, stock, the reduced rate of interest will take effect retrospectively on the whole loan of 50,000 /,, and on every instalment thereof, whether already paid or to be paid. Then it follows that the credit of the company is now ssuch, that it can raise money im- mediately at 7 per cent., with a bonus equalling for the first 20 years 7 | per cent., not merely de/wiwro, but in respect of the 15,150 /. already paid ; therefore the clause to enable them to do so is eminently necessary. Secondly, that without such conversion, the whole 50,000 /. must continue, forao years, to bear interest at 10 per cent. Then Mr. Wright is under some delusion, for, notwithstanding his belief, the credit of the company is now such, that there is no probability that the commissioners can avail them- selves of the power which they already possess of paying off the 10 per cent, bonds at the end of 10 years, or of making any reduction in the interest for 10 3'ears afterwards. Hence it is useless to apply for a clause conferring powers, which it is assumed cannot be made available in the next 20 years; for interest being 6^ per cent., by the immediate conversion with a retrospective operation, the dividends compose an annuity for 20 years "f 3.529^- 8s, 3d., and the surplus stock payable at par after 20 years is 8,823/. 10s. I d. Present value of the annuity _-___._. Ditto of the surplus stock - __ Total - - - £. The saving is asserted to be an annuity for 20 years of 1,250/. Present value thereof ----.___. In all - - - f . But without any such conversion, there is a debt of 50,000/., bearing interest at 10 per cent, for 20 years certain. Present value of an an- nuity of 5,000/. for 20 years -------- Difference only - - £. £. s. d. 39.191 7 - 2,454 18 8 41,646 5 -8 13,880 5 4 55,526 n - 55,521 1 6 596 Frotn this it is manifest that the commissioners could not have been aware of the conse- quences to which their own reasoning leads. But although it is thus shown that anything like the saving suggested is merely impos- sible by the plan of conversion, it is yet highly desirable that the commissioners should be invested witli'powers to take advantage of that favourable state of things which I sincerely hope will speedily crown their enterprise. But it appears to me, with great submission, that the clause, as now framed, will defeat the very object intended. It contains the following proviso: " Provided always, that [in every grant of any perpetual annuity, or of any annuity for any term absolute exceeding 40 years, or for more than one life, or for any term determinable on the decease of more than one person under the authority of this Act, shall be inserted an agreement or proviso that such annuity shall be redeernable or repurchaseable by the said commissioners, and in such proviso or agreement shall be fixed such times and terms for the redemption and purchase thereof as the said commissioners, under the circumstances of the contract, shall think reasonable ; and] it shall and may be lawful for the said commissioners from time to time to repurchase and redeem all or any of the [redeemable] annuities hereby authorized to be granted with the monies accruing from such funds respectively, as shall be charge- able with such annuities respectively, or as often as it shall appear to them that the charge created by such annuities can be reduced, with money borrowed and taken up by all or any means by the said recited Act or this Act authorized. Now, to redeem at the option of the commissioners, (no time, after some definite interval, being fixed for that operation,) any terminable annuity whatsoever, whether ior lives or years, at the same rate of interest by which it was originally sold, or at some lesser rate to be agreed on, which is the same thing as a bonus in the case of slock, is an intelligible and useful covenant ; or to redeem any perpetual annuity at the par of any stock in which ft is created, some given interval first elapsing, is also intelligible and useful; and if that be the meaning in legal construction of the proviso, there can be no objection to it. But if, as I think, it constrains the commissioners to fix at the time of contract any definite future time or conditions when the operation of redemption shall absolutely take place, in that case the condition of the loan, of whatever denomination the security may be, is in the nature of a temporary annuity, which will and must be computed and dealt for accord- ing to the value of money and the credit of the colony at the time of contract, with- out reference to any future state of improvement. 0.21. a a I would x86 APPENDIX TO REPORT FROM THE A. Y. Spearman, Esq. to J. Stephen, Esq. 8 June 1837. I would further observe, that I do not see in the clause any authority for the best of all kinds of redemption, namely, the purchasing with any surplus monies that may be in hand their own colonial securities in the open markety at their fluctuating price from time to time. Finally, I would humbly request their Lordships' permission to volunteer a suggestion which may, under present circumstances, be useful to the commissioners, and more advan- tageous than following out Mr. Wright's contract. That is, to raise money at six per cent, immediately by the simple operation of a tontine, which in the presewt times miglit perhaps be very popular. For 100 i. money, an annuity with the benefit of survivorship in the same class, increasing continually : To each life named at the time of payment, under the age of 15 - and under £. s. d. 15 - 6 - 8 25 - 6 1 5 30 - 6 2 2 35 - 6 3 -. 40 - 6 4 - 45 - 6 5 5 50 - 6 7 4 55 - 6 10 - 60 - 6 13 9 65 - 6 19 2 70 - 7 7 2, 75 - 7 19 4 The filling up this tontine may go on for 20 years to come, by requiring for enrolling future tontines a small extra premium, in consideration of the increased dividend at the time. I beg leave to return the papers which Mr. Brande sent me. I have, &c. A. Y. Spearman, Esq. (signed)" John Finlaison, &c. &c. &c. Government Calculator. J. Stephen, Esq. to the Colonial Commissioners, 19 June 1837. (6,)— Copy of a LETTER from J. Stephen, Esq. to the Colonization Commissioners lor South Australia. Gentlemen, Colonial Oflnce, 19 June 1837. I AM directed by Lord Glenelg to transmit to you, with reference to my communica- tion of the 36th April last, the copy of a letter and its enclosures which has been addressed to this department by desire of the Lords Commissioners of the Treasury relative to certain amendments which have been proposed by you in th« Act of Parliament for regulating your proceedings in regard to the colony of South Australia. I have, &c. (signed) Ja^. Stephen, R. Torrens, Esq. to J. Stephen, Esq. 20 April 1838. (7.)— Copy of a LETTER from JB. Torrens, Esq. to J^ Stephen, Esq. South Australian Colonial Office, Sir, Adelphi Terrace, 20 April 1838. The Colonization Commissioners for South Australia have the honour to submit for the consideration of Lord Glenelg the accompanying draft of a Bill for amending the Act of 4 & 5 Will. 4, c. 95, for erecting South Australia into a British province. ' ' ' The first clause in this draft goes to amend those provisions of the existino- Act which empower the commissioners to raise certain sums of money, by further empowering them to grant annuities for lives or terms of years. This clause, with the exception of the omission of the proviso objected to by Mr. Finlaison, is the same which, as appears by Mr. Spearman's letter to you of the 8th of June 1837, the Lords of the Treasury have already approved. ' The third clause in the draff, confirming and giving validity to the acts of the commis- sioners on their first appointment, has also been approved by the Lords of the Treasury. By the second clause of the draft the commissioners are empowered, when there is an unemployed surplus belonging to one of the funds at their disposal, and a deficiency in the other, to borrow from the one in aid of the other. This clause was not contained in the draft of the Bill formerly submitted for approval, and the commissioners therefore beg to be allowed to explain the grounds upon which the new provision is now applied for. The existing Act provides that the whole of the proceeds obtained by the sale of public lands shall be employed without deduction in conveying labouripg emigrants to the colony; and that the expenses of the colonial government shall be defrayed by. money raised in this country by the issue of colonial revenue securities. tJnder these provisions of SELECT COMMITTEE ON SOUTH AUSTRALIA. 187 of the Act it has happened, that the commissioners have been compelled to pay 10 per cent. R, Torrens, Esq. to for money borrowed upon colonial securities, while holding, in exchequer bills, an unem- J. Stephen, Esq. ployed fund derived from the sale of land, varying from 35,000/. to 20,000/. To avoid the 20 April 1838. recurrence of such unnecessary waste, it is proposed to amend the Act, so as to empower the commissioners to borrow from the land fund, in aid of the revenue fund, when exten- sive purchases of land are made in this country without a corresponding increase in the demand for labour in the colony, and to borrow from the revenue fund, in aid of the land fund, as often as the monies in the hands of their treasurer are deficient as respects the latter fund, and unemployed and disposable as respects the former. The fourth clause provides a new arrangement respecting the guarantee fund, the object of which is to relieve the colony from a heavy charge on account of interest, and at the same time to ailbrd an increased security against the expenses of the colonial government falling on the mother country. The commissioners can replenish the guarantee fund only so long as they can borrow money by the issue of colonial securities ; and the ability of the commissioners to borrow upon such securities, forms the only real guarantee which the Government possesses or can possess, that the expenses of the colonial government shall not fall upon the public purse. Now, it is provided by the fourth clause of the draft, that the present guarantee fund shall be released, and that in lieu thereof the commissioners shall transfer to the trustees of that fund, the same power which they themselves possess of caUing for instalments upon the loans raised by the issue of colonial securities. The work- ing of this arrangement would be at once simple and efficacious, for should the commis- sioners, under the proposed provision, contract for a loan of 30,000/. by issuing colonial securities, and should they, after calling upon the holders of these securities for instalments amounting to 10,000/., place in the hands of the trustees of the guarantee fund a warrant giving them legal power to call for the remaining 20,000 /., then that sum, in the event of the Home Government being required to make a payment on account of the colony, would be at the disposal of the Treasury more absolutely and more immediately than it can be under the provisions of the existing Act, according to which the Lords of the Treasury have to apply to the Colonial Office, to require the commissioners to call upon the loan con- tractor to pay up instalments for replenishing the guarantee fund. It is obvious that the proposed regulation respecting the guarantee fund, would afford to the Home Treasury the most perfect security in all cases except those in which the financial credit of the colony should be so depressed as to deprive the commissioners of the power of raising further loans upon colonial securities. But in these cases it is impossible that the Home Treasury should have any security whatever. When the commissioners can no longer defray the expenses of the colonial government by money raised upon colonial securities, the guarantee fund can no longer be replenished, and the necessary establishments of the colony must be paid for out of the public purse. The pro- pose4 arrangement, therefore, would afford perfect security in all cases except those in which no security of any kind could be attainable ; and more than this, it would effectually con- tribute to prevent the occurrence of those cases in which the mother country can have no 'security against liability on account of the expenses of the colonial government. The difference between the interest of 10 per cent., which the commissioners pay to the loan contractor on the 20,000 /. now required to be held as a guarantee fund, and the interest which they receive upon that sum invested in Exchequer Bills, is at present an unproduc- tive charge, bearing heavily upon the financial resources of the colony. The removal of this unproductive charge would enable the colony to defray the expenses of its local government at an earher period than would otherwise be practicable, while it would give to the commissioners, by "relieving the resources and improving the credit of the colony, increased facilities for contracting those loans which, so long as the colonial revenue fails short of the colonial expenditure, constitute the only real and effectual guarantee which the Home Government can possess. ^ Should the considerations now submitted receive the concurrence and sanction 01 Lord Glenelg, the commissioners request that his Lordship may be pleased to lay before the Lords of the Treasury, for their approval, the draft herewith enclosed of a Bill for amend- ing the existing South Australian Act. I have, &c. (signed) Robert Torrens, Chairman. A Bill to amend an Act of the Fourth and Fifth Years of his late Majesty, empowering his Majesty to erect South Australia into a British Province or Provinces. Whereas by an Act passed in the fourth and fifth years of the reign of his late Ma- jesty, intituled. An Act to empower his Majesty to erect South Australia into a British province or provinces, and to provide for the Colonization and Government thereof, his Majesty was empowered, with the advice of his Privy Council, to erect and establish within that part of Australia which hes between the meridians of the I32d and 141st degrees of east longitude, and between the Southern Ocean and the 26th degree of south latitude, together with the islands adjacent thereto, and the bays and gulfs thereof, one or more provinces, and to fix the respective boundaries of such provinces ; and by the said Act it was enacted, that it should be lawful for his Majesty, by warrant under the sign manual, 021 ffl a 2 countersigned Preamble. APPENDIX TO REPORT FROM THE R. Torrens, Esq. to J. Stephen, Esq. 20 April 1838. fower to raise ^oney by way of annuities. Commissioners to apply money raised from either fund convertibly, keeping separate accuunis. 188 countersigned by his Majesty's Principal Secretary of State for the Colonies, to appoint three or more fit persons to be commissioners to carry certain parts of the said Act into execution, such commissioners to be styled the " Colonization Commissioners for South Australia :" And whereas by a warrant under the sign manual of his said Majesty, and counter- signed by the Ri^ht honourable Charles Baron Glenelg, one of his MaJMty's' Principal Se- cretaries of State hiiving the department of the Colonies, Robert Torrens, William Alexander Mackinnon, William Hurt, John George Shaw Lefevre, George Palrael- the younger, Jacob Montefiore, Samuel Mills, Edward Barnard, Josiah Roberts, and James Pennington, Esqrs., were duly appointed to be such Colonization Commissioners fur South Australia: And whereas His said Majesty, on or about the day of by letters patent under the great seal of Great Britain, with the advice of his Privy Council, and in pursuance of the powers in that behalf vested in his said Majesty by the said recited Act of Parliament, did erect and establish one province to be called " the Province of South Australia," and did thereby fix the boundaries of the same province in manner following ; that is to say, on the north the 26th degree of south latitude, on the south the Southern Ocean, on the west the I32d flegree of east longitude, and on the east the 141st degree of east longitude, including therein all and every the bays and gulfs thereof, together with the island called Kangaroo Island, and all and every other islands adjacent to the said last-menlioned island or any part of the main land of the said province, and it was thereby provided that nothing in the said letters patent contained should affect or be construed to affect the rights of any aboriginal natives of the said province to the actual occupation or enjoyment in their own persons, or in the persons of their descetidants, of any lands therein then actually occupied or enjoyed by such natives : And whereas the sum of 35,000/. has been raised by the sale of lands in the said province, and the sum of 39,000/. has been raised by the issue of South Australian colonial revenue securities, for the purposes in the said Act mentioned ; and the sum of ao,oooZ., part thereof, has been invested in Government securities in the names of trustees appointed by his Majesty as a guarantee or security fund, as required by the said Act: And whereas doubts have arisen as to the extent of the powers vested in the said Colonization Commissioners for South Australia by the said Act, and it is expedient that such powers should be more clearly defined, and that the provisions of the said Act should be amended in manner hereinafter mentioned; be it enacted and declared by, the Queen'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, 1. That it shall and may be lawful to and for the said commissioners to raise all or any part of the sum of 50,000 /. in the said Act mentioned, and all or any part of the sum of 161,000/., residue of the sum of 200,000/. in the said Act mentioned, and also all other monies which the said commissioners may from time to time be authorized to raise under the powers of the said recited Act, or of this Act, or any part of the same respectively, by selling and granting perpetual annuities, or annuities for any life or lives, or for any term or terms of years, absolute or determinable on any life or livesy on such terms as to the said commissioners shall appear reasonable; and all such annuities shall be charged and chargeable upon, and payable out of such funds respectively, as the interest of the monies authorized to be raised by the said recited Act are, by the said recited Act or this Act, charged or made payable out of; and the grants of such annuities shall be in such form, and such annuities shall be payable and assignable in such manner, as the said commis- sioners shall think fit: provided always, that in every grant of any perpetual annuity, or of any annuity for any term absolute exceeding 40 years,- or for more than one life, or for any term determinable on the decease of more than one person, under the authority of this Act, shall be inserted an agreement or proviso that such annuity shall be redeemable or repur- chascable by the said commissioners; and it shall and may be lawful for the said commis- sioners from time to time to repurchase and redeem ail orany of the redeemable annuities hereby authorized to be granted, with the monies accruing from such funds respectively as shall be chargeable with such annuities respectively, or (as often as it shall appear to them that the charge created by such annuities can be reduced) with money borrowed and taken up by all or any of the means by the said recited Act or this Act authorized, which money the said commissioners are hereby authorized to borrow and lake up accordingly. 2. And be it enacted, that it shall be lawful for the said commissioners to apply all or any of the money which now is or shall from lime to time be in the hands of their treasurers, to the payment of the interest on the said South AustraUa puWic lands securities, and on the said South Australia colonial revenue securities respectively, and of the annuities by this Act authorized to be granted, and to the paying or defraying any expenses incurred in car- rying the said recited Act and this Act into execution, or in applying for and obtaining the said recited Act and this Act, although such mouey.shall not form any part of or have arisen from the revenue or fund charged primarily or exclusively with the payment of the interest or expenses to which it shall be so applied : provided always, that in every case in which any money advanced out of the monies borrowed on the said South Australia colonial reve- nue securities, or derived from the revenue of the said province, shall be applied in aid of the emigiation fund, llie money so advanced shall be a debt due from the said emio-raiion fund SELECT COMMITTEE ON SOUTH AUSTRALIA. 189 Confirmation of acts of Comtnissioners. fund to the said province ; and in case any part of the said emigration fund shall be applied Power to raise mo- in aid of the revenues of the said province, the monies so advanced shall be a colonial debt, ney on the securi- owing by the said province to the said commissioners on account of the said emigration ty of the revenue fund; and distinct accounts of all such advances shall be kept in the books under the direc- to pay debts in- tion of the said commissioners; and such advances respectively shall be repaid or replaced curred to the emi- as soon as conveniently may be (but without interest thereon in ihe meantime) by the said grant lund, and vice commissioners out of the monies accruing to the fund debited with such advance; and '"^f'^"- when any money advanced from either of the said funds in aid of the other of them shall be required for the purpose of the fund from which the advance shall be made, the said, commissioners shall and may borrow and take up at interest, or raise, in addition to the monies v\hich they are authorized to borrow by the said recited Act, money for repaying such advance by all or any of the means by this Act or the said recited Act authorized, and the securities on which such monies shall be so raised shall bear such names and shall be charged upon and payable out of such funds respectively as the same would have been charged upon and payable outof if such securities had been made under the powers of the said recited Act or this Act, or for the use of the fund debited with the advances so repaid. 3. And -whereas notice was published in the London Gazette, in the month of May 1835, of the appointment of commissioners for carrying into effect certain parts of the said recited Act ; but such appointment was not then signed by His Majesty, as required by the said Act, be it enacted, that all contracts, obligations, rules, orders and regulations, matters and thiiigs whatsoever entered into, executed, made or done by the commissioners so named, or any two of them, or other the commissioners for the time being acting under the authority or supposed authority of the said recited Act, or in the execution or supposed execution of the powers vested in them by the said Act, and not inconsistent with the provisions of the said recited Act as explained and extended by this Act, shall have the same force and validity as if the commissioners had been duly appointed before the respective periods at which such contracts, obligations, rules, orders and regulations, matters and things, were respectively entered into, executed, made and done. 4. And whereas a considerable loss accrues to the said colony of South Australia, by reason of the high rate of interest paid on the colonial revenue securities issued for raising the fund of ao,ooo/. in the said Act mentioned ; and whereas the Colonization Commis- sioners for South Australia have contracted, and may hereafter contract, for raising money for the service of the said colony, to be paid by instalments in such sums as the commis- sioners may from time to time call for, and a great saving would be effected to the said colony if the said securities now held for the said sum of 20,000 Z. were allowed to be re/eased, and one or more instalments, payable to the commissioners under some contract made or to be made as aforesaid were assigned over, together with an adequate amount of colonial revenue bonds, as security for the said sum of 20,000 Z., be it enacted, that it shall be lawful for any one or more of Her Majesty's Principal Secretaries of State to cause the securities on which the said sum of 20,000 1, is now invested to be delivered to the 'treasurer for the time being of the said commissioners, to be by him sold and the proceeds tliereof applied for any of the purposes for which the monies raised by the issue of the said South Australian colonial revenue securities are by the said recited Act or this Act made appli- cable, and to- require that in lieu thereof there shHll be placed in the hands of the trustees appointed in pursuance of the said Act an adequate amount of the said colonial revenue securities, together with a warrant or order under the seal of the said commissioners tor the payment of 20,000^. out of any loan or loans contracted or to be contracted for by the said coinraissioners; and it shall be lawful to and for any one of Her Majesty's Principal Secre- taries of State to call in and compel payment of the sum of 20,000/. mentioned m such warrant or order, or to exchange any such warrant or order for another or others, and so from time to time, as occasion shall require; and such warrant or order, and the monies therein directed to be paid, shall be held upon the same trusts, and for the same intents and ts are in and by the said Act declared of and concerning the sum of 20,000 Z. Power to Secretary of State to release the guarantee fund. purposes, as therein mentioned. And be it enacted, that this Act may be altered or repealed by any Act or Acts to be Act may be altered, passed in this present Session of Parliament. (8.) — Copy of a LETTER from Jas. Stephen, Esq. to A. Y. Spearman, Esq. Sir, Colonial Office, 30 April 1838. j. Stephen, Esq. to I AM directed by Lord Glenelg to transmit to you, for the consideration of the Lords a. Y. Spearman, Commissioners of the Treasury, the copy of a letter from tlie chairman to the South Esq., 30 April Ausiriilian Commissioners, submitting the dralt of a Bill for amending the Act 4 8c 5 1838. Will. 4, c. 95, for erecting South Australia into a Biitish province. His Lordship requests that the Lords of the Treasury will favour him with their decision on the proposed Bill. I am, &c. (signed) Jas. Stephen, 0.21. a a 3 igo APPENDIX TO REPORT FROM THE J. Stephen, Esq. to Colonel Torrens, 30 April. (0.)— Copy of a LETTER from Jos. Stephen, Esq. to Colonel Torrens. Sir, Colonial Office, 30 April. I HAVE received and laid before Lord Glenelg your letter of the 20th inst., with the draft of a Bill for amending the Act 4 8t 5 Will. 4, c. 95, for etecting South Australia into a British province ; and I am directed to acquaint you, for the information of the Colonization Commissioners, that the draft of the proposed Bill has been referred to the Lords Commis- sioners of the Treasury for their decision. I am, &c. (signed) Jas. Stephen. A. Y. Spearman, Esq. to J. Stephen, Esq., 1 1 June 1838, (10.) — Copy of a LETTER from A. Y. Spearman, Esq. to James Stephen, Esq. Sir, Treasury Chambers, 11 June 1838. Having laid before the Lords Commissioners of Her Majesty's Treasury your letters, dated 30th April last and 6th inst., submitting, by direction of Lord Glenelg, for the con- sideration of this Board, two letters from the chairman to the commissioners for colonizing South Australia, and the draft of a Bill for amending the South Australian Act to which they relate, I have it in command from their Lordships to request you will stale to Lord Glenelg, that, provided the fourth clause, relating to the guarantee fund, is omitted, as pro- posed in the letter from the chairman to the commissioners of the 4lh inst., my Lords do not object to the enactments contemplated in the Bill. I am, (signed) &c. A. Y. Spearman. (11.)— Cop Y of a LETTER from J. Stephen, Esq. to the Colonization Commissioners for South Australia. Gentlemen, Downing-street, 12 June 1838. J, Stephen, Esq. to the Colonization Commissioners, 12 June 1838. With reference to your letter of the 4th instant, I am directed by Lord Glenelg to transmit to you a copy of a letter from the Secretary to the Treasury, intimating that, provided the fourth clause, relating to the guarantee fund, is omitted in the Bill which you propose to introduce into Parliament for amending the South Australian Act, the Lords Commis- sioners do not object to the enactments contemplated in the proposed Bill. I am, 8cc. (signed) Jas. Stephen. SELECT COMMITTEE ON SOUTH AUSTRALIA. 191 Paper, No 8. STATEMENTS delivered in by T. F. Elliot, Esq. 5 March 1841. (No. 1.) Financial Statement of the Colonization Commissioners for South Australia, 1st March 1841. Class 1. - 2. - 3- - 4- - 1. Liabilities : Debts for Goods delivered and Services rendered, including Interest on Bonds due in July 1841, and Office Expenses, the latter estimated up to the 30th June 1841 ; viz. Due from the Revenue Fund - - - Ditto - Emigration Fund - - - Total of Class 1 - - - Bills presented to March 1 . . - . Ditto known to be drawn, but not yet presented (estimated) - - - Further bills which may be presented to 1st May, (estimated at previous average of 1 840) - Total of Bills Total Debt to be paid from Revenue Fund to Emigration-Fund - - Deduct emigration portion of claims in Class 1 , which will be provided for, if the Revenue Fund is enabled to discharge these claims Balance due under the Act for future") Emigration ... -J Ten per cent. Bonds ... Six per cent. Bonds - - - - - Total Bonds . - - Assets : Security Fund, invested as required by the Act of Parliament - - - - " . ' ■ j' Withdrawn to pay bills drawn by Captain Hind. marsh -------- Remaining in the Security Fund, (Consols') 1 5,245 i. 1 «. 8 d.), which cost - - J Exchequer bills in hand - . - - - Cash in the hands of the Treasurer Total Pecuniary Assets in England - £. s. d. 15,161 16 9 41,093 14 2 69,247 5 2 8,000 - - 20,400 - - 97,840 8 10 41,093 14 2 39,000 46,800 20,000 - - 6,000 - - 14,000 - - 3,000 - - 728 10 3 17,728 10 3 Statements delivered in by T. F. Elliot, Esq. 5 March 1841. £. s. d. 56,255 10 11 97.647 5 2 56,746 14 8 85,800 - - 296)449 10 9 N. B.—in addition to the claims in the preceding Statement, the following are Debts which, as far as known here, may exist in the colony, from the Revenue Fund to the Emigration Fund : Provisions supplied to the surveyors, &c. from the stores which were sent to the colony with the first expedition, and which were paid for from the Emigration Fund - - " " , . " Withdrawn by the Colonial Treasurer from the Emigration Fund m the colony, and which is supposed to have been applied to purposes which should be paid from the Revenue Fund - - - - Total £. f. d. 12,000 - - 15,500 - - 27,500 - - Joseph Jackson; Accountant. 0.21. a a 4 192 APPENDIX TO REPORT FROM THE Statements delivered in by T. F. Elliot, Esq. 5 March 1841. ' (No. 2.) A Statement of Bills drawn from the Colony each Three Months. TIME. 1836. 1837. 1838. 1839. 1840. £. *. d. £. s. d. £. s. J. £. s. d. £. s. d. January to March - - 1,307 14 8 6,561 19 1 4,100 - - 34,659 5 11 April to June • i»492 19 - 6,800 - 9,500 - - 34.813 5 6 (a) July to September - 3»302 3 4 160 - - 16,002 11 11 (a) 22,325 7 7 (6) October to December 3,761 - 9 4,163 4 4 4,600 1^ (af — 15,019 18 - ■^ £. 3,761 - 9 10,266 1 4 i8,i2i 19 1 44,622 9 11 9', 797 19 - {a) One bill not presented, the amount of which is not known, and not included in this amount. (S) Eleven bills not presented, the amounts of which are not known, and not included in this amount. i Joseph Jacksoh'f Accountant. (No. 3.) Bills drawn from South Australia which have been presented in the Months following. January February March April - May - June - July - August September October November December MONTH. 18 40. ACCEPTED. £. S. d. 8,114 16 3 2,337 15 8 3,200 - - 8,8go 8 6 4,333 15 11 15,520 3 2 9,595 10 7 605 - - 52,597 10 1 £. NOT ACCEPTED. S. d. 4,618 - 4 9,853 3 7 8,530 14 1 16,831 - 1 3,933 7 6 43,766 5 7 52,597 10 1 184 1. NOT ACCEPTED. £. s. d. 6,175 6 8 19,305 12 11 96,363 15 8 Total not accepted, 4 March £. 25,480 19 7 43*766 5 7 69,247 5 2 In addition to the above there are 30 hills yet to be presented, which were drawn before 10 October 1840. Joseph Jackson, Accountant. SELECT COMMITTEE ON SOtJTH AUSTRALIA. 193 s 13 O o p lU .a S o GO 60 C s B Si 1^ H H CO o -^ 2 t^ ■^ eo >ft "a «0 a 1 • CO 00 00 ,• "^ CI s W IH i-t ■fl IH "rt •^ rH to ■ •-4 (N >o «> ri -* H ^ ^ CO H si q s; H '^ .^ rH. 00 !» ' to CO '■ (S t~ a , "5 01 IH . • c -« 1 ei »o 1 d C3 -« n 00 O) 1 00 • a -« I> 1 n 1 1— i ■s. S --H 1 00 P-H .0 53 C» Ui I IH a « c 00 ^ 1 rH B OD to P500 So to W5 n as rH CI OiOO, S to 00 CO S si ^ V) c» S si °° woo s si ^ •* OS w CO to i> »o h- S a »H DO od" lO H P4 to rH rH ^ ' '^' «5 1-1 t-l et rH P< rH rH ■ •« 2 -a 'I- ■ 1 1 ■«■ :: s § > « ■* • W4 SO ^ ' « '*■ Si a SI J 1 1 1 P5 si 1 05 ( f .-« " 00 ^ « ill"' -a 'H r^ -»,-**r -. - OS ' 'J- . CO 4 <=> 00 *« »H -a o I >o- 1 rH "H 0500 d 00 i-i 5! -H ^ 1 00 1 < . to >fl ■>*• >! ^ ' ri C* t> bO . MJ ^ 2 Pi S 00 rH 0_^ U si ^ ^ tCcT^ CO iH 1 SI "^ 00 rH 00^ q_ w-* ' rH ' tj -=!■ -tt «> 1 1 1 •^ 0° 0) s •i • t^ s K 00 § « ■♦ a e u S a > d > £>• « si t§ CO 1 1 1 Pi si <2 *H -^ "^ .11^ ..^ ;:•• . ■ . =» -^ 2 1 ^ t ■ ' ' lO c rH ■* !h PS fH - 1> 1 w 05 1 t>. t^ 00 ■+0 >ooo « cooo 1 ■r . e< CO si ~- rh«5 1 to r-l 1 r-t rH Vioo !> CO c»^ to" oT i5 ■* rH d 00 rH s> >-9 1 rH i 1 CO Oi 1 cooo i> o>o OJCJ «5 rH iH ■-5 -^ r. t 1 1 •« U5 r ■ 1 "« r^ , • 0) . • 1 t 1 1 1 a Ed si 5 eo I 1 ■ 1 1 1 i SI »2 i> ■ ■ • 1 ■ 1 hands of the Treasurer South Australian Company Bills in hand - n3 ' re 1 i' PQ 1 h S O.Sl. 66 194 APPENDIX TO REPORT FROM THE Statements de- livered in by T. F. EUiot, Esq. 5 March 1841. (No. 5.) FiNAirciAL Position at the Commencement of the following Half Years. 1836: January 1 - July 1 - ! 183: : January 1 July 1 1838: January 1 Julyi Cash in the hands of the Treasurer Exchequer bills in hand Agency and sundries unpaid - Available Balance - - - £. Cash in the hands of the Treasurer Exchequer bills in hand Passage-money, agency, and sundries unpaid, including divi- dends falling due on bonds ------- Available Balance £. Cash in the hands of the Treasurer Exch^uer bills in hand Passage-money, agency, and sundries unpaid, including divi- dends falling due on bonds ■ - - . - - Available Balance - - Cash in the hands of the Treasurer Exchequer bills in hand Passage-money, agency, and sundries, including dividends and bills falling due ....... Available Balance £. Of the loan for 41,000^. there remained to be paid 34,850 A Cash in the hands of the Treasurer _ . . _ Exchequer bills in hand Passage-money, agency, and sundries, including dividends falling due on bonds .--------. Deficiency Loan from Emigration Fund £. 1,442 8 6 Of the public loan 32,800 1, remained to be paid. Cash in the hands of the Treasurer ■ Passage-money, agency, and sundries, including dividends falling due on bonds --.-.-... Deficiency Loan from Emigration Fund £. 8,640 10 7 Of the public loan 34,600 1, remained to be paid. £. s, d,' 35.753 9 & 8,295 1 - 44,048 10 6 1.435 15 ij 42,613 15 5 4.307 3 7 29,328 7 6 33,535 " 1 9,121 M 9 24,413 19 4 3,338 18 11 18,900 - - 21,138 18 11 11,378 10 1 g,^Gq^ 8 10 6,034 8 8 i6,9od - - 23,934 8 8 11,940 1 1 10,994: 7 7 3,563 10 8 8,418 2 6 11,981 13 2 i6,02i 13 8 4,040 - 6 5.451 13 1 20,726 16 11 15.275 3 10 1839: January 1 July 1 1840: January i Julyi 1841 : January 1 SELECT COMMITTEE ON SOUTH AUSTRALIA. Cash in the hands of the Treasurer --.... Passage-money, agency and sundries, including dividends falling due on bonds -----_... Deficiency - - £. Loan from Emigration Fund £• 15.456 12 2 Of the public loan 1-2,300 /. remained to be paid. Cash in the hands of the Treasurer - . - . Exchequer bills in hand ...... Passage-money, agency and sundries, including dividends falling due on bonds -------._ Deficiency - £. Loan from Emigration Fund £. 13,260 7 2 Of the public loan 1,200 1, remained to be paid. Cash in the hands of the Treasurer - - - - Exchequer bills in hand . - . . . Cash in the hands of the South Australian Company f. Passage-money, agency and sundries,! „ /. including dividends falling due onl^^^.^""^ ^- 7,550 19 1 bonds - - - - .J Lmigration 36,175 i6 4 Available Balance - - - £. Loan from Emigration Fund . - - - £.36,812, 8 3 Cash in the hands of the Treasurer - - - ' - Exchequer bills in hand -------- Cash in the hands of the South Australian Company - - - £. Passage-money, agency and sundries, including dividends falling due on bonds -.------. -Deficiency - £. Loan from Emigration Fund •■ Cash in the hands of the Treasurer Exchequer bills in hand - - £.63,737 12 7 Passage-money, agency and sundries, including dividends falling due on bonds -------- Deficiency - -£. Loan from Emigration Fund £.97,840 8 10 Bills presented but not accepted Ditto - - ditto - - to the 4th March, in addition to the above £. 195 r , Statements de- ,na.^ *■ liveredinby 13,047 4 - T. F. ElUot, Esq. 23,071 18 8 5 March 1841. 9,224 14 8 1,765 3 6 24.707 8 4 26,472 11 10 41,018 11 4 14,54s 19 6 1,534 10 3 18,539 3 8 53,789 18 4 73,863 12 3 43.726 15 5 30,136 16 10 8,905 4 10 15,052 11 8 12,798 19 - 36,756 15 6 56,079 4 11 ' 19.322 9 5 593 10 3 3,000 - - 3,593 10 3 47,189 12 11 43.596 2 8 43,766 5 7 25,480 19 7 69,247 5 2 Joseph Jachon, Accountant 0.21, bbi 196 APPENDIX TO REPORT FROM THE Statements de- livered in by T. F. BUiot, Esq. 5 March 1841. (No. 6.) A Yearlt Statement of the Loans from the Emigration Fund. DATES. Emigration Fund Loan for Interest which is not Fart of the Loan TOTAL of the Emigration Fund Loan for General Purposes, which is subject to the Yearly Estimate. TOTAL of the Loan for TOTAL of Loans including the 1 subject to Yearly Estimate. Loan for Interest. General Purposes. Loan for Interest. 1838 : £. *. d. £. «. d. £. s. d. £. s. d. ;£. s. d. December 31 - 10,677 3 4 10,677 3 4 4,779 8 10 4,779 8 10 15,456 12 2 1839: 1 December 31 - 5,57a "9 "6^ 19,181 5 - 17,631 3 3 17,631 3 3 36,812 8 3 1840: > December 31 - 3,354 - - 25,889 5 - '1" 30,748 16 3 71,951 310 ,97,840 8 10 DATES.' Sales in England of Land in South Australia for the Year. •; Cash Received by the South Australian Company at Adelaide, which is supposied to be from Sales of Land, and which was re- ported to the Com- missioners during the Year. TOTAL. AMOUNT Subject to Loan, being One-third of the Known Sales. 1838: £. s. d. £. s. d. £. s. d. „ £. s. d. December 31 - - 37,800 - - . ,37.8ftOi.- r- J ,is,6oo - - 1839: December 31 - - 48,336 - - 103,197 12 - 151,533 12 - 50,511 4 - 1840: December: 31 - ■ * 7,040 - - 27,400 - - 34,440 - - 11,480 - - Joseph Jackson, Accountant. SELECT COMMnTEE ON SOUTH AUSTRALIA. 197 Paper, No. 9. PAPER delivered in by G. F. Angus, Esq. on 4th March 1841. 2, Jeffrey-square, St. Mary Axe, My Lord, 19 October 1835. I BEG permission of your Lordship to tender my resignation of the oflBce I have the Paper delivered ir honour to hold under His Majesty's Government, being one of the Commissioners for the by G. F. Angas Colonization of South Australia. In the faithful discharge of my duties in that important Esq. situation, I considered it necessary, for the success of tTie new colony, to encourao-e the 4 March 1841. establishment of a joint-stock cornpany for the purposes of trade, agriculture, and commerce . in the new provinces. For the execution of this scheme I was compelled to take a very active part, without which; those gentlemen of capital and extensive commercial experience to whom application was made to support that object, declared their unwillingness to embark in it at all. Under such circumstances, there was no alternative left me but to pleidge myself to this obligation or abandon a measure which was considered by the Board of Conimissioners essential to the welfare of the colony. It was manifest to my mind that such a course would involve in it the necessity of my resignation, for His Majesty's Govemmtent could not consistently peimit the union in the same person of two such, offices as Commissioner under the Act of Parliament, Geo. 4, c. 95, and chairman of the company formed expressly to trade in that colony. As the motive that induced me in the first instance to accept the office of Commissioner for the Colonization of South Australia was the hope of benefit to the nation from the new field of labour and support thereby offered to the people, so the like object has constrained me, in the most respectful manner, now to resign my commission, beseeching your Lordship to accept of my resignation. Should it not be presuming too much on your Lordship's condescension, may I beg per- mission to recommend Mr. Jos. Roberts, of Camberwell, to your Lordship's attention as a very able and efficient person to fill the vacant office.. Should it be the pleasure of His Majesty's Government to appoint him, I am persuaded that no inconvenience whatever will arise from my retirement. I have, &c. i (signed) George Fife Angas. To the Right Hon. Lord Glenelg, Sec. &c. London. Gentlem^ Downing-street, 22 October 1835. In reference, to the intimation recently given to Lord Glenelg by one of your body, Mr. Angas, that he had become a member of a society established for various purposes connected with the commerce and agriculture of South Austraha, and, amongst others, for the purpose of purchasing tracts of the land, which you are empowered to sell, in the projected settlement ; and in reference to the tender which Mr. Angas has made of the resignation of his seat at your Board, if, under such circumstances, Lord Glenelg should think that measure desirable, I have received his Lordship's directions to address the following com- munication to you. The established reputation, both in the commercial world and in private Hfe, of the gentleman in whose person this question has arisen precluding the possibility that any decision of it could be ascribed , to a failure of respect for him, Lord Glenelg finds himself unembarrassed in stating distinctly the grounds on which he thinks it right to proceed. No case could present to His Majesty's Government stronger inducements than that of Mr. Angas to sacrifice the general principle involved in this inquiry to the advantage to be drawn from the zeal, ability, and character of the party whose continuance in the public service it affects. So much importance, however, does Lord Glenelg attach to that prin- ciple, that he is prepared to adhere to it, even though at the expense of losing Mr. Angas's assistance in the execution of your commission. That principle is, that no commissioner who has acquired any personal interest, whether direct or indirect, whether of great magnitude or trifling amount, in any contract entered into with the Board, can any longer continue a member, but must be regarded as thence- forth disqualified to act in that capacity, and will be expected to tender an immediate resignation. 0.21. bb^ The igS APPENDIX TO REPORT FROM THE Paper delivered in by G. F. Angas, Esq. 4 March 1841. The necessity for a rigid adherence to this rule appears to Lord Glenelg to admit of an easy and complete proof. The commissioners for the sale of the waste lands in South Austraha have undertaken a trust of no ordinary importance and delicacy. In the discharge of it they will of course be watched, with that constitutional jealousy, which is directed towards the proceedings of all public servants, and more especially of those to whom the receipt and management of any branch of the public revenue is con- fided. It is not merely from a just concern for the good estimation of the world, but'from regard for the success of the undertaking, that the commissioners will studiously avoid whatever could give occasion to an imputation, plausible even if unfounded, on the purity of their official conduct. But such censures would infallibly be provoked, and would not be easily repelled, if any commissioner should become interested in his individual character in any contract into which he might enter in his public capacity. Lord Glenelg readily acknow- ledges that the case of Mr. Angas is far less strong than, it would have been if the contract into which he has entered with the Board had been made by him, not as one of the mem- bers of a numerous society, but on his own separate account. In that case there would have been no place for discussion ; and the retirement of Mr. Angas would have been the inevita- ble and immediate consequence of the contract. But his pecuniary interest as a member of the proposed company, if insignificant in amount, yet brings him within the reach of the principle to' which I have referred. The motives for regarding it as a disqualification have indeed, in some respects, peculiar strength, because his position in the company must be so conspicuous as to excite general attention to the question, how far the two duties are com- patible; and because, when the magnitude of the transactions in, which the company are engaging in South Australia is considered, Lord Glenelg feels that, if it be permitted to any man at once to act as a commissioner and to aid in directing the operations of the company, the time cannot be very remote when the two bodies will be entirely amalgamated, and when the policy, consequently, which suggested the enactment of this statute will be defeated. Lord Glenelg would further remark, that if (yielding to a reasonable solicitude to retain that gentleman's services) he should waive the objection in the case of Mr. Angas, it would be practically impossible to enforce the rule on any future occasion. His Majesty's Govern- ment could not, on questions of this nature, shape their course in reference to distinctions of personal character, favourable to one man, and unfavourable to another. For these reasons, although with reluctance. Lord Glenelg accepts the resignation which Mr. Angas has tendered of his seat at your Board. That gentleman's anxiety to avoid even the remotest appearance of concealment having induced him to announce the difficulty im- mediately uponats having arisen, and the question having received no previous determina- tion or discussion, Lord Glenelg does not hold himself bound to subject the pubhc to the inconvenience of the immediate retirement of Mr. Angas, if it can be avoided. If that gentleman should be disposed to continue his services as a commissioner until a. successor can be appointed. Lord Glenelg will thankfully accept them ; but on the con- dition, that his seat be vacated within three months, at furthest, from the present time. I am, &c. (signed) Jos. Stephen. My Lord, London, 22 October 1835. Your Lordship's communication of this date to the Colonization Commissioners of South Australia has been made known to me. My own judgment so entirely approves of the prin- ciple upon which my resignation has been accepted, that I do not hesitate a moment to place myself in readiness to withdraw from the Board on the appointment of my successor. Although in the discharge of my duty of a Commissioner I have only done what my Sovereign had a right to require of me, yet I cannot feel otherwise than abundantly rewarded for those insignificant services by the terms of approbation in which your Lordship is pleased to speak of the course I have felt it my duty to take under such unforeseen and peculiar circumstances. I anticipate the hope that my future services in the situation which the kindness of the directors of the South Australian Company has placed me, as chairman of the company, will neither be lost to the colony nor to the public, should it please the Divine Providence to afford me the necessary health and ability. I am persuaded that the directors of the company do not contemplate any movement at variance with the best interests of South Australia, or that can be otherwise than beneficial to the neighbouring colonies, and also to the mother country. On the contrary, if they should be so happy as to meet with the approbation of His Majesty's Government, they will be able in due time to afford such supplies of salt provisions, and facilities of communi- cation for the transit of goods and passengers, as the present separated condition of the existing colonies in New Holland renders so extremely desirable, and which cannot fail to . be beneficial to them as well as to the nation. I have, &c. To the Right Hon. Lord Glenelg, &c. &c. (signed) O. F. Angas. London. (Enclosed under cover to Jas. Stephen, Esq.) SELECT COMMITTEE ON SOUTH AUSTRALIA. 199 Sir, London, 22 October 1835. Paper delivered in I HAVE the honour to enclose a letter to Lord Glenelg, in acccordance with the tenor of by G. F, Angas, your communication to the Colonization Commissioners of South Australia. Esq. Allow me to embrace the present occasion to express to you the grateful sense of my 4 March 184.1. feeling for the kindness so manifest in the tone of that letter, and in the interview with which you favoured me at your office. In accordance with your suggestion, at that time, I made inquiry for a gentleman, whom of all others I considered most desirable to fill the vacancy created by my retire- ment, and I am most happy to state, that if it be the pleasure of His Majesty's Govern- ment to appoint him, he will endeavour to discharge the duties of the office to the best of his ability. The gentleman I allude to is Mr. Jos. Roberts, of Camberwell, who was an American merchant, but has been long retired from business with a considerable property, and has since then devoted his time to pubUc duties. I think he is not altogether unknovfn to his Lordship, having long been a member of the Committee of the British and Foreign Bible Society. Should he be selected to fill my place, I am confident that no inconvenience will arise to the public service from my retirement. I have, &c. To Jas. Stephen, Esq. &c. &c. (signed) ' Geo. F. Angas. Downing-street. South Australian Commission, 6, Adelphi Terrace, Sir, 30 October 1835. I AM directed by the Colonization Commissioners for South Australia to acknowledge the receipt of your letter of the 22d instant, communicating Lord Glenelg's acceptance of the resignation on the part of Mr. Angas of his seat at their Board, and to express the regret they feel at the loss of Mr. Angas's important services, but at the same time their entire acquiescence in the necessity of the measure. I have, &c. To James Stephen, Esq. (signed) Rowland Hillj Colonial-Office. Secretary. Sir, London, 19 December 1835. As the Commissioners for the Colonization of South Australia have accomplished all the preliminary objects required of them by the Act of Parliament for the establishment of the new colony, and thereby laid the foundation for their future operations, which are not likely to be obstructed by any formidable difficulty, I trust I may now be permitted, without impropriety, to request you to release me from that honorary attendance at your Board which I have since given, at Lord Glenelg's suggestion, as communicated to you in his Lordship's despatch of 22d October last, wherein it is said, ," Lord Glenelg accepts the resignation which Mr. Angas has tendered of his seat at your Board." The duties of my office as chairman of the South Australian Company, to effect the establishment of which I resigned my seat at your Board, with the approbation of His Majesty's Government and that of the Commissioners, require all the time and attention that I can possibly give to them, and by which I think I can promote the welfare of the colony more effectually than by my attendance at your Board. I hope this vvdll be accepted as sufficient reason for the course I now feel it my duty to take. I embrace this opportunity of tendering you and the other members of your Board my best thanks for the courteous and kind manner in which they have always conducted them- selves towards me since I first had the honour of being associated with them in the com- mission for the colonization of South Australia. With the further request that you will intimate the withdrawal of my attendance at your Board, and the reasons for it, to His Majesty's Government, I have, &c. To Colonel Torrens, F.R.s. (signed) Geo. Fife Angas. Chairman of the Board of Commissioners for South Australia, Adelphi Terrace, London. 0.21. hh^ 200 APPENDIX TO REPORT FROM THE Paper, No. 10. PAPERS delivered ih by Golonel Torrens, 5 March 1841; South Australian Conuqaissioners to Lord J. Russell, s6 August 1840. (l.)*^bRAFT proposed to, be substituted by Colonel, STwr^s^ for, the Iietters lothe Colonial Departmeflt, dated August aeih and September mhi, , South Australian Golonization Office^ My Lord, 26 August 1840i We feel it to be our duty to lay before your Lordship a full explanation of the situation in which the colony of South Australia is now placed, in consequence of our inability to carry into effect the provisions of the South Australian Acts ; and at the same time to sub- mit for your Lordship's consideration the measures which, as we (wnceive, it would be expe- dient to adopt, in order to avert or mitigate the impending calamity. By the 4 & 5 Will. 4, c, 95, it is provided that the proceeds realized by the sale of public land shall be applied without deduction in conveying emigrants of thejabouring class, to the colony; and by the 1 & 2 Vict, c 60, it is provided that when advances are made from the Land Fund to the Revenue Fund the Colonization Commissioners shall raise money by the issue of colonial revenue securities in order to replace such advances, and thus to main- tain inviolate the principle of the preceding Act, which requires that the whole of the proceeds obtained by the sale of public land shall be employed without deduction as an emigration fund. We beg to submit to your Lordship, that under these enactments every piirehaser of public land in South Australia is entitled to claim as an essential condition of his contract, that the whole of his purchase-money shall be employed in conveying labour to the colony. If a loan be not raised to replace to the Emigration Fund the sums which have been with- drawn from it, the purchasers of land in that province will have a just right to complain that their contract has been violated, and that they have been the subjects of deception and of fraud. We as Colonization Commissioners, appointed by the Crown to carry the provisions of the South Australian Acts into, effect, and to fulfil the contracts under which lapds in South Australia have been sold, do not, as forming a subordinate department of Her Majesty's Grovernment, possess the necessary weight and influence for contracting public loans and controlling the expenditure of distant colonies ; and we are therefore under the necessity of applying to the Lords of Her Majesty's Treasury to enable us to fulfil the con- tracts which have been made under the sanction of the Legislature and of the Government. , As regards the consequences which would result from a failure to replace the sumsTvhieh have been withdrawn from the Emigration Fund, we can do Uttle more than renew the repre- sentation submitted to your Lordship in our letter of the 7th July; We stated in that com- munication, that the non-replacement of the sums withdrawn from the Emigration Fund would be in the highest degree injurious to the colony, and, as regards the colonists, would amount to a breach of public faith. The persons who have settled in South Australia und6rj the provisions of the existing Acts, did so in the expectation that the provisions of those Acts, would have practical operation, and that the whole of the proceeds obtained. by. the- sale of public land would be ultimately employed in directing a continuous ■ stream of emigration to the colony. The interruption of this stream would now be ruinoUs. All the, industrial arrangements of the colony have been made in accordance with its assumed conti- nuance. Land has been purchased under the belief that labour would be obtainaible for its cultivation ; houses have been erected in anticipation of the demands of inflowing emigrants, and in all the branches of business the employment of capital has received its direction from the expectation that population would continue to increase under the action of the whole fund created by the land sales. The disappointment of this expectation, upon which the whole business of the colony has hitherto been conducted, could not fail to be followed by the most disastrous consequences, by the loss of property, the destruction of capital, the " suspension of industry, and by extensiye destitution. If we do not obtain the guarantee of Her Majesty's Government in raising the loan required by the Act of Parliament to replace the Emigration Fund, other dangers of the most serious character will arise. In order fully to explain the nature and extent of these dangers it will be necessary to recur to the circumstances under which the colony was established. When it was determined to found the colony of South Australia, the first steps in the pro- cess should have been to examine the country, to fix a boundary comprising a sufficient extent of available soil, and to survey such a quantity of land as might enable the first settlers SELECT COMMITTEE ON SOUTH AUSTRALIA. 201 settlers to enter at once on their locations, and commence their operations by raising for gouth Australian themselves Ae first necessaries of life. This safe and proper course was rendered impractica- Commissioners to We by the South Australian Act. In compliance with the provisions introduced into that Act, Lord J Russell It became necessary to sell in this country extensive tracts of land in the proposed colony 26 August 1840. betore any preparations could be commenced for exploring and surveying the districts to be settled. The consequences were that the settlers on arriving in the colony were precluded from commencing their operations by raising for themselves the first necessaries of life, and that their only alternative was to employ themselves in the erection of houses and other town occupations, while waiting to obtain possession of their land. _ From these causes the settlement in South Austraha was planted in a manner altogether different from that in which the settlements emanating from the expansion of the colony of New South Wales have been established. At Port Philip the emigrating flocks from the earlier set- tled districts of New South Wales had overflowed on the neighbouring pastures long before any considerable progress was made in erecting a town. At Adelaide the process was reversed, and the town was laid out and numerous buildings constructed before any considerable progress had been made in occupying the soil. Hence at Port Philip the capital of the settlers is principally circulating capital perennially reproductive ; while in South Australia the prin- cipal portion of the capital of the settlers is fixed capital not perennially reproductive in jtBelf, but deriving its value from the anticipated demand of the circulating capital which it is calculated to aid. This difference in the economical condition of the two settlements will, ^t no distant period, disappear from the growth of towns in the district of Port Philip, and the increase of stock in South Australia. But so long as the difference may continue, the settlers in South Austraha, from no fault or miscalculation of their own, will be more exposed than the inhabitants of adjacent colonies to checks, revulsions, and privation. This being the actual condition of the colony of South Austraha, as regards production, w© solicit attention to the fearful crisis which may occur, should we be compelled, for want of funds, to dishonour the bills drawn upon us by the Resident Commissioner. A popular tjon, which must now be estimated at from 13,000 to 15,000 souls, subsists almost exclu- sively upon imported provisions, paid for, not by exported produce, but by bills. Should the Governor's bills be dishonoured, and should panic ensue, the inevitable consequence would be a suspension of supplies from the neighbouring colonies. The danger is most app9.11ing ; and, in order that we may be enabled to avert it, we appeal to Her Majesty's Government to be placed in a condition to honour the bills drawn upon us by the Resident Commissioner, during the period which must elapse before he can receive the peremptory instructions which have been forwarded to him, to limit his expenditure to the amount authorized by the Lords of the Treasury. The immediate measure which, under these circumstances, we should venture to recom- mend is, that Her Majesty's Government should guarantee a loan of 210,000/., to be raised by the Colonization Commissioners upon the security of the revenues and unsold lands of the province of South Australia. Of this loan 120,000 I. would complete the residue of the sum of 200,000 L, authorized by the Act 4 & 5 Will. 4, e. 95, to be raised for the estabhshment of the colony, and the government thereof; while the remaining 90,000 L of the proposed loan would bft' raised under the authority of the 1st & 2d Vict. c. 60, the third section of which Act requires that money shall be raised upon colonial revenue securities, for the pur- pose of replacing whatever sums may be borrowed from the Emigration Fund. We now beg permission to explain to your Lordship the grounds of our belief that the guarantee of the loan which we have suggested, while it arrested the calamities with which the colony is threatened, would prove the most effectual means of protecting the public purse. The circumstances are such, that timely aid, in the form of credit, may prevent the necessity of any actual advance of money. The resource's of the colony are rapidly im- proving. By the last advices, the number of sheep was estimated at about 150,000 ; flocks, both of sheep and cattle, in quick succession, were arriving overland from New South Wales ; and tillage had commenced with highly promising results, and was proceeding upon an extended scale. The extraordinary and unauthorized expenditure which has caused the present difficulties must contribute, if a financial crisis can be averted, to render the progress of the colony more rapid than it would otherwise have been, inasmuch as the public works, on account of which a large portion of that expenditure was incurred, are calculated to make industry more productive, by opening communication and reducing the expense of transport. If the stream of emigration can be kept up, and the credit of the (/olonial Government can be sustained, it would appear morally certain that the ordinary sources of revenue, and the proceeds of the sales of public land, may afford adequate security for the interest and prin- cipal of the additional loan which is now required. By the last advices from the colony, the ordinary revenue was yielding at the rate of 21,000 /. per annum ; and in the course of the last year the proceeds of the sales of public land amounted to 160,000 /. Under these circumstances the Government would possess the most perfect security that the interest and principal of the colonial loan of 210,000/. which it might guarantee, could be paid in full out of the growing resources of the colony, were it not that the district of South Australia in which fertile lands have been found, is probably too limited in extent to constitute a separate and independent province. But this only source of danger to the public purse the Government may altogether avert, by extending the south-eastern boundary «f the colony in the way in which, in our letter of the 7th July, we ventured to suggest. 0.21. c c Experience 202 APPENDIX TO REPORT FROM THE South Australian Commissioners to Lord J. Russell, 26 August i8'40. Experience has proved that the plan upon which the colony of South Australia was established was essentially erroneous. The expedients which were devised, for the purpose of divesting the Government of pecuniary responsibility, have had a practical effect directly opposite to that which was intended. The situation and boundaries of the province were fixed by Act of Parliament before any adequate knowledge of the country had been obtained; the money required for defraying the preHminary expenses of establishing the colony was raised at an exorbitant rate of interest ; while the divided powers created by the Act, by leading one party to conceive that they were upholding the prerogative of the Crown^ by weakening the influence of the Colonization Commissioners, and another party to imagine that, by opposing the representative of the Crown,, they were defending the peculiar princi- ples of the colony, occasioned such a relaxation of authority, that the administrative func- tionaries in the colony deemed themselves at liberty to act upon their own responsibility and discretion, regardless of the most precise and positive instructions. The incongruous scheme upon which South Australia was established has now broken down ; and the only means by which the principle of self-support can be brought into practical operation is for the Govern- ment to retrace its steps, and to take into its own hands the financial responsibility and control. From the explanations which we have now endeavoured to afford, your Lordship will per- ceive that we ask for the guarantee of the Government for the proposed loan on the twofold ground of justice and economy. 1st. The British subjects who have estabUshed themselves in South Australia, under the sanction of an Act of Parliament, and upon the self-supporting principle, have a right to demand from the Legislature and the Government, not merely the complete fulfilment of the conditions upon which their lands were purchased, but also an exemption from every species of unnecessary charge. They have an equitable claim to indemnity for the expense which has been entailed upon them by the necessity to which they were subjected of borrow- ing money at an exorbitant rate of interest, as a guarantee to Government, and also for the loss and danger which they ineuried in consequence of being obliged to purchase their land before any preparation could be made for placing themselves on their locations, and enabling them to supply themselves with food. The danger of destitution to which the colonists would be exposed, were the credit of the colony destroyed by the rejection of the Gover- nor's bills, is created by the provisions of the South Australian Acts, and is, therefore, one which the Legislature and the Government are called upon, if it be practicable^ to avert. 2d. The colony of South Australia, containing a population, estimated at from 13,000 to 15,000 souls, cannot be left without a Government. If its progresses checked and its pro&- parity suspended, the self-supporting principle cannot be carried out, and it must become, like many other Crown colonies, a permanent burthen upon the resources of the mother country. On the other hand, if the Home Government will grant to the colony an equit- able territorial indemnity for the unnecessary expense and loss occasioned by the provi- sions of the original Act, and will guarantee a loan to the amount required to replace the Emigration Fund, and sustain the credit of the colonial Government, a real guarantee fund will be thereby created, affording complete security against any charge falling upon the public purse,, on account either. of the interest or principal of the' required loan. The boundaries of the province of South Australia, as determined by the Act of Parliar ment, before the character of the country was sufficiently known, do not, it is to be feared, comprise a sufficient extent of fertile land for the establishment of a colony capable of self- support. This original but only recently-discovered error it is now expedient to correct by exchanging a portion of the unavailable territory in the direction of the east and south. We would recommend that the eastern boundary should embrace a tract of country containing not less than 600,000 acres of sufficient fertility to be sought for at the present uniform price of 1 1, per acre ; and that early in the ensuing Session of Parliament a Bill may be introduced, authorizing such alteration in the boundary of the province, and appro- priating to the payment of the interest and principal of the loan guaranteed by Government, one-half of the proceeds obtained by the sale of land in the new territory. In conclusion, we beg permission to repeat our conviction, that should the measures we have ventured to suggest be adopted, and the loan required to. sustain the credit of the Colonial Government, and to replace, as required by the Act of Parliament, the sums bor- rowed from the Emigration Fund, be raised under guarantee of Her Majesty's Government, and secured upon an extension of territory as above described, the present difficulties will be overcome ; the population and wealth of the colony will continue to increase as they hitherto have done, and the growing revenue, with the proceeds of the sale of public land, will prove amply sufficient to pay the interest and principal of the additional debt, and to awert the necessity of any actual advance from the pubhc purse on account of the colony of ■South Australia. The Right hon. Lord John Russell. We have, &c. SELECT COMMITTEE ON SOUTH AUSTRALIA. 203 (2.) — STATEMENT of Shipping arrived in Port Adelaide, from 1 January to 31 December 1839. Shipping at Port Adelaide, 1839- DATE. Feb. March April 1839: January 1 — 1 — 10 — 16 _ 16 — 16 — 17 — 22 — 25 _ 26 — 26 _ 26 — 28 — 29 — 29 — 30 — 30 31 II 14 18 19 19 19 22 23 25 27 28 28 - 1 1 2 2 2 3 9 16 17 20 21 21 21 22 23 28 28 29 1 1 — 2 — 3 _ 8 — 9 — 9 — 16 — 16 _ 16 _ 16 — 21 — 21 _ 28 — 28 — 29 May - 4 — 6 — 6 _ 6 — 9 — '3 0.21. Glenalvon - Zebra Socrates Orleana Prince George Eagle Indus - - - Catharina - Bardaster - Porter Dorset Victoria Nereus True Love Lady Emma Black Joke - John Dunscombe Lord Hobart Resource Platina John Dunscombe Eagle - - - Henry Freeling - Adelaide Elizabeth - Black Joke - Lindsays Abeona Thomas Harrison Britomart - Lady Mary Pelham John Dunscombe Nereus Victoria Henry Wellesley - David Witton Lady Emma Mumford - Fox - Black Joke - Caroline Katharine Stewart Forbes D'Auvergne Dawsons Buckinghamshire Eagle - John Dunscombe Lowestoft Lady Mary Pelham Elizabeth - Lady Emma John Pirie - Welcome Truelove Sally Ann - Henry Freeling - Brazil Packet Mumford - Tamer Lindsays Merope Adelaide : - Lookin ' - Dorset Charlotte - Fairfield Lady Emma Black .loke - John Dunscombe Alma - - - Resource - WHERE PROM. 212 London 350 Altona 152 Launceston 648 Liverpool - 482 London 108 Launceston - 422 Dundee 350 Hamburgh - 434 London 250 Liverpool - 80 - ditto 25 Kangaroo Island 149 S}'dney 133 Hobart Town 135 Launceston 113 - ditto 88 - ditto 190 Hobart Town 417 London 303 - ditto 88 George Town 108 Launceston 96 Port Phillip 258 - ditto 51 Launceston 113 - ditto 220 Sydney 105 Hobart Town 355 London 243 Hobart Town 206 Launceston 88 - ditto 149 Port Lincoln 25 - ditto 304 Batavia 270 Port Phillip 135 Launceston 168 - ditto 222 Rio de Janeiro 113 Launceston 162 Hobart Town 457 London 440 - ditto 227 - ditto 1,468 - ditto 108 Launceston - 88 - ditto 117 - ditto 206 - ditto 51 - ditto 136 - ditto 105 Sydney 220 Greenock - 133 Launceston 59 Portland Bay 96 Launceston 172 - ditto 169 - ditto 117 - ditto 220 Twofold Bay 312 Laui^ceston 258 - ditto 78 - ditto 80 Port Lincoln 96 Launceston 434 Liverpool - 135 Launceston 113 - ditto 88 - ditto 302 Hamburgh - 417 Port Phillip CARGOES. passengers, &c. emigrants, colonial produce, passengers, &c. - ditto, sheep. passengers, &c. merchandize, passengers, &c. - ditto, merchandize, potatoes, merchandize, timber, &c. sheep and flour, sheep and horses, sheep and passengers , - - ditto, emigrants, &:c. - ditto, sheep, ditto, ditto, ditto, ditto, ditto, ditto. merchandize, passengers, &c. sheep. ditto, ditto, passengers. - ditto, sugar, sheep. sheep, horses, sheep, produce* sheep, sundries, passengers, &c. emigrants, &c. merchandize, emigrants, &c. sheep. ditto.- sundries. sheep. ditto. sundries. ditto. passengers, &c. sheep. produce. sheep, horses. - ditto. - ditto, sundries. cattle and sheep, sundries. - ditto. - ditto, passengers. - ditto, goods, passengers. sheep. sheep, horses. sheep. wines and goods. sheep. ecu 204 APPENDIX TO REPORT PROM THE Shipping at Port Adelaide, 1839- DATE. KAME. TONS. WHERE FROM. : CAaCOES. 1839: . May - 14 Eagle 108 Launceston sheep. - 16 Planter 347 London emigrants, &c. — ^9 Charlotte - - - 96 Launeestoii sheep. — 19 Abeona ... 106 Hobart Town sundries. — 19 Truelove - - . 133 Launceston ... sheep, horsies. — '9 Hero - 36 - ditto sundries. — 22 , Thomas Harrison 355 Porl Phillij) sheep. — 23 Baipiid - _ , 162 ' Launceston - general eai'go. — 24 Ladiy Mary Pelham ; 206 1 - ditto sheep', horSe*. — 25 , Lord Hobart igo ' - ditto ... sheep; — 27 Black Joke - - - 113 - ditto 1 ditto-. — 27 Munifiwd - - - 169 - ditto merefia'ndiie: June - 7 , Eagk - - - 108 - ditto sheep. — 7 Sir Chariea Forbes 36s ' Liverpool ... passeugei's,! See. — 7 , Williarei - - - 149 1 Launceston '- general caitgo. — 8 EseingtOH . - _ 12:5 ^ Port Essington - Timor ponies'. — 9 ■ Dorset . . , U ' Port Lincoln' balfasff. — 9 Dayid; 304 ! New Zealand timber, potlatdes. — 9 Watei- Witch 30 King (Seorge's Sound - preduee; — 16 I H. M. S. Herald - - i Triftcomalee; — 1.6 Lady Emma i'35- I Launcestoiii ' siWep, horSesi' — 17 Ratiiarinfi Stewart Forbes 457 ■ - ditto ■ - dim. — iS Lady Bute - 384 Greenock - . - '• pecssett^trs, &c. — 20 ( Hooghly ... ' 465 ' London - dim. — 23 GangeS' 430 I - ditea- - ditfS; — 24 Minecva . - - 122 • LaundestoA suiMli^ies. — 2C Dawstniis. ... t 2.27 I - ditto - dittoi — 29 John Boiiiscombe 88 ' - ditto - -- . sheep.- — 29 TamoB 117 1 - ditto ' dittO! July - 4 SepptogSi ... 35® London ... passengers^ &c. — 4 Fox - - - - 1 2:2^2 i LauincestoA merclhlBdize. — 4 Eagle io8' ■ - ditto sheep-. — 4 Henry Fbeeliflg - 96 - ditto hiofsesj flour. — 6. . Lysaatler - - . 500 ' Liverpool ... passengers, &e. — a ExpoBter - 250 Timor Timor ponies. — 14 Lady Emma- 135 LauncestoA sheep. — 16 Asia. ..... 500 London ... : passeflgiersj ies. Sept. - 1 Lulwonth; - ^ ^ 80 ■ Madras merctiandiiei — 2 Dorset - - , 80- ' Sydney goods. — % Prince George - 450 ' Calfeutta . passeagetsi &c. — 2 Pleiades^ _ . . ' 360 Loitibeck ... riee^ suhdrieS. — 3 WUliami - 149 Launceston hay, sundries'. — 3 — 4 Lowestoft ~ ^ . Lady Emma- H7 135 - ditto - ditto ... gertfeval caitgO. - diltoi — 6 Eagle 108 - ditto - ditto. — 6 Speculator! ... Q& • Sydiity rice and siigai'. ballast. — 10 Abeonai - ... ' 105 ' Pore EincodiT — 15 Lord Hobart ■ 190 Hobart Tow^n mei%haHdii!el — 18 Glenswilly - 632 Greenock ... passeHgei-sj &c. - dittcr; — 20 Reeowery - . . 483 London - - . — 20 Anna Robeirtson - 448 - ditto - dittoi — 20 Rapid ... 169 cruising trip ballast. — aa. Alice Brooks- 212 Liverpool ... passengersj Stc. — 25 Prince Regent 400 London - - . - dittO; _ 27 Lady Lilford 600 Liv&ipiool - - ditto. Oct. - 1 Waterwitch 30 Encounter Bay . oil. — 2 Francis - - . H - ditto ballast: — 6 Katharine Stewart Forbes 457 Hobart Town timber, &ci. SELECT COMMITTEE Olf SOUTH AtJSTllALIA. 205 - DATE. StAM'E. TONS. WHERE FROM. CARGOES^ 1839: "' ' ■ i^^j — ' Oct. - 10 ^ Skerne - . . 130 Sydhey - merchandize. z 10 Dumfries - . . Exporter ... 468 216 London ... Sydney . . - passefigers, &c. goods. ■"" ifi 18 IVJary Mallaby Lowestoft - 178 117 Launceston - dittfll - general cargo. - ditto. — 18 Strathisla - . . 387 Tinjor - Tirrtor horses. —^ 18 Mary Ann ... 16 Encounter Bay whaling party. — 19 Victoria 25 Kangaroo Island sundries. — 20 Hero - - . . 39 Encounter Bay whaling party. — 22 Lady Emma 135 Launceston horses, &;c. — 24 Superb - . - 632 Greenock passengers, &c. — 28 Palmyra - - . 464 - ditto - * J ditto. — 28 Abeona loC Port Lincoln - ^ ballast. Nov. - 2 Truelove ... 1.33 f^ew Zealand . timber. — 3 Minerva - . - 122 Launceston sundries. ^- 11 Singaport - 303 London ... emigf-ants; &c. — 12 Victoria . . - 25- Kingseote stores. — 12 Mary Anne 16 - ditto - ditto. — H Jahe Flaxnian 20 Port Lincoln - ballalst. — 23 Kate - - - . 62 Sydney ... flour, Sundries. — 23 Hero - - . - i6a Singapore sMght, &c. — 24 Alice - - . . 30 Port Lincoln . ' Wool and fish. — 26 Elizabeth - JOG Swan River merchandize. — 26 Lady Emma 135 Launceston floui*, horses. • — 28 Victoria 25 Kangaroo' Island stores. — 28 Wat^rwitch 30 Kncounter Bay. — 29 Alice - . - - 30 Port Lincoln - SHndries & passengers. Dec. - 7 Dorset - . . 80 Port Phillip . - ditto - ditto. — 9 Portef 250' Hobatt Town - ditto - ditto. "*^ 10 Rapid 16a Launceston sheep, hordes- and pas- sengers. — 12 Christina - - Sydney - . - sundries & passengers. — 12 Adelaide - 258 New Zealand - - ditto ditto. — 23 Moffatt 821 London . - - - ditto - ditto. — 26 William Barras - _ - ditto - - ditto' - ditto. — 21 Caroline - . . 330 - ditto - - - - ditto - ditto. — 21 Cleveland - - . 450 - ditto - - ditto - ditto. — 21 Delhi .... 358 Liverpool - ditto - ditto. — 26 Ageuoria - - . Hobart Tov^n - - ditto' - ditto. 26 Lowestoft - - - 117 Launceston - ditto - ditto. — 27 Duchess of Northum- berland. 5ii ■ London ... - ditto ditto. 27 Parkfield - _ ' Port Phillip . - ditto - ditto. — 28 James Holmes - • Singapore - ditto - ditto. 190 Ships. Tons - - - 40,089 — 1 Shipping at t'ort Adeiaidsj 1839- Paper, No. 11. PAPER delivered in by G. F. Angas, Esq. 18 Match 1841. TopoGSAFHiCAL COLLECTION of RocSS atid MINERALS from the Ranges of Hills irt South Aii^ralia. By J. Menge. Class (A.) — Formations of Granite. 1 Granite; consisting of white feldspar, which is the predominant part, grey quartz, and silverwhite mica. From Jacob's Glen, Ba- rossa Range. 2 Coarse-grained granite ; consisting of pre- dominant quartz and large leaves of mica. From the same Glen, 3 Granite, with black and white mica. Lyn- Paper delivered in doch Valley, Barossa Range. ^ byG.F. Angas.Esq. 4 Granite, with red pyknite. Sieland's Creek, jg March 1841. Barossa Range. , 5 Granite, with cyanite. From the same place. Remari.-^The formations of grShite are! subordinate in the Barossa Range, but predominant in the ranges along Spencer's Gulf. 0.21. CC3 206 APPENDIX TO REPORT FROM THE Paper delivered in byG.F.Angas,Esq. x8 March 1841. Class (B.) — Formations of Gneiss. 6 Small-grained gneiss, with black and white 15 Actinolithe. mica. From the foot of Kayserstool, Ba- rossa Range. 7 Shistous of gneiss, containing garnet. From Jacob's Glen, Barossa Range. 8 Gneiss, with oxyde of iron. Kayserstool. 9 Table gneiss, consisting mostly of quartz and mica. IVIenge's Island, Barossa Range. 10 Idem, with amphibole. From the same place. 1 1 Idem, with amphibole and wareliite. From the same place. 12 Granulated omphacite, with' iron pyrites. Middle Gawler, Belvidere Range. 13 Compact and fibrous omphacite. German Pass, Barossa Range. 14 Amphibole, in slaty quartz. Rowland's Creek, Barossa Range, Middle Gawler, Belvidere Range. 16 Idem, with epidote. Same place. 17 Idem, with feldspar. Ditto. i8 Actinolithe, partly crystallized. Lyndoch Valley, Barossa Range, ig Fibrous actinolithe, in the form of asbestous. Same place. 20 Gawlerite ; a new mineral. Same place. !ii iSilk asbestous, with talc. Amianthe-place,. Middle Gawler. 22 Idem, with hornstone. Same place. 33 Idem, with arsenical pyrites. Same place. (In the same strata there occur iron pyrites and copper ore.) 34 Common asbestous. Same place. 25 Wood asbestous. German Pass to Flaxman. Valley, Barossa Range. Remark The numbers from 12 to 25 form different veins and strata in the formations of gneiss. Class (C.)— Formations of Mica Slate. the predominant mica, tombac 26 Mica slate brown. Barossa Range 27 Idem, the niica silverwhite. Rowland's Creek, Barossa Range. 28 Idem, cleft by iron oclire. Rowland's Creek, Barossa Range. 29 Mica slate, with red oxyde of iron. Lyndoch Valley. 30 Waved mica slate. German Pass, Barossa Range. 31 Mica slate, the quartz predominant. Light's Pass, Barossa Range. 32 Mica slate, partly with iron mica. German Pass, Barossa Range. 33 Mica slate, with rheticite. Light's Pass, Ba- rossa Range. 34 Idem, with feldspar. Jane Valley, Hercinien Range. 35 Idem, with variolithe. Light's Pass, Barossa Range. 36 Horn slate striped. Rowland's Creek. 37 Idem, with oxyde of chrome. Same place. Remark. — The numbers from 36 to 55, occur stratified with mica slate. Class (D.) — .Formations of Magnesian Limestone. These Formations, and the following, under Class (E.) are peculiar to South Australia. 38 Hornstone, with tin ore. Same place. 39 Grey talc slate. Same place. 40 Green talc slate. Osmond River, Herciniea Range. . 1 fStraight-leaved talc slate, different colours, <{ with crystals of chlorite. Osmond River, A'^ y Hercinien Range. 43 Undulating-leaved talc slate. Same place. 44 [Talc slate, with crystals of staurotide. Jane 45\ Valley, Hercinien Range. 46 Talc, with quartz. Rowland's Creek. 47 Idem, with crystals of iron ore. Same place. 48 Talc-stone (indurated talc). Lyndoch Valley, 49 Yellow foliated talc. Same place. 50 Red foliated talc. Ditto. 5t White foliated talc. Rowland's Creek. 52 Flowery foliated talc. Same place. 53 Granulated talc, with feldspar. Same place. 54 Green soapstone, in half-dissolved feldspar, with quartz. Same place. 55 White soapstone mi.xed with quartz. Row- land's Creek. 56 Earthy magnesian limestone, with talc. Os- mond River, Hercinien Range. 57 Yellow magnesian limestone, with talc. Jane Valley, Hercinien Range. 58 Compact magnesian limestone, with talc. Same place. 59 Striped ditto, with talc. Same place. 60 Granulated ditto, with grammatite. Same place, 61 White marble. Carrara Hill, Hercinien Range. 62 Coarse-grained magnesian limestone. Same place. 63 Grey slaty magnesian limestone, with traces of encrinites. Same place. 64 White bidderspar. German Pass to Flaxman Valley, Barossa Range. 65 Grey bidderspar. German Pass. 66 Bidderspar, in limestone. Same place, 67 Limestone, with oxydule of iron. Same place. CSfOxydule of iron, in carbonate of iron. Ger- 69I man Pass, Barossa Range. 70 Idem, with Asbestous. Same place. 71 Carbonate of iron, with iron oxydule. Same place; 72 Compact iron-glance, with red and yellovir iron ochre. Lyndoch Valley. 73 Brown ironstone, with yellow iron ochre and veins of lime. Same place. 74 Idem, with talc and quartz. Rowland's Creek. 75 Magnesian opal, with talc. Flaxman Valley, Barossa Range. 76 Idem, with green soapstone. Same place. 77 Idem, with talc and semi-opal. Same place. 78 Idem, with iron ochre. Same place. 79 Idem, with hydrophane. Same place. 80 Magnesian opal, with greenish wax opal. German Pass. 81 TufFa of magnesinn opal. Flaxman Valley. 82 Magnesian opal, with red semi-opal. Flax- man Valley. 83 Magnesian opal, with serai-opal, and iron ochre. Same place. 84 Brown opal, mixed with rheticite. Same , place, 85 Brown semi-opal. Same place. Class (E.) — Formations of Magnesian Silex. 86 Yellow opal, with enclosed rheticite. Same place. 87 Opal, with chalcedony and iron pyrites. Same place. 88 Wood-opal, or magnesian-opal. Same place. 89 Wood stone. Same place. go Idem, with wood-asbestous. German Pass. 91 Chalcedony, with wood-opal. German Pass, Barossa Range. 92 Hornstone. Flaxman Valley. 93 Idem, with iron pyrites. Same place. 94 Idem, with lithomarge. Same place. 95 Idem, with an unknown metal. Same place. 96 Jasper, with chalcedony. German Pass. 97 Porous chalcedony. Flaxman Valley. ; SELECT COMMITTEE ON SOUTH AUSTRALIA. 267 Class (F.)— Formation q/Trapp. q8 Greenstone, with feldspar and amphibole. 99 Idem, with epidote. Same place. Ro\yland's Creek, Barossa Range. Class (G.)— Formation of Tufa. 100 TulFaoflime. German Pass, Baossar Range. Paper, No. 12. PAPERS delivered in by John Rundle, Esq. m. v. \8 March 1841 . MUNICIPAL CORPORATION ACT for the City of Adelaide. (Passed the Legislative Council of South Australia, 17 August 1840.) — Colonel George Gawler, k. h. Governor. AN ACT to constitute a Municipal Corporation for the City of Adelaide. Wheeeas, by the Third Annual Report of the Colonization Commissioners for South Municipal Corpo- Australia, to Her Majesty's Principal Secretary of State for the Colonies, dated the asd day rT" f'fA^^''■A^^ of April, and ordered by the House of Commons to be printed the 13th day of May 1839, ^^ Adelaide. the expediency of giving to the several towns established, and about to be established iii' the said province, as they respectively acquire a population of 2,000 inhabitants, Elective Municipal Institutions, on the principles therein detailed, is recommended to the favour- able consideration of his Lordship. And whereas Her Majesty's said principal Secretary of State, by a despatch dated the 19th day of August 1839, addressed to his Excellency the Governor, recommends that measures should be taken for passing a local enactment embracing the principles therein mentioned : And whereas the city of Adelaide having attained a population exceeding the requisite amount, it is expedient, in compliance with the aforesaid recommendation, that the said city should now acquire an Elective Municipal Institution : — Be it therefore enacted, by his Excellency Lieutenant-Colonel George Gawler, Knight of the Royal Hanoverian Guelphic Order, Governor and Commander-in-Chief of Her Majesty's province of South Australia; by and with the advice and consent of the Legis- lative Council thereof, as follows; that is to say, 1. That there shall be constituted, at the time and in the manner hereinafter mentioned,, in and for the City of Adelaide, a Municipal Corporation for the well-being, good order, and government thereof, consisting of a Mayor, Aldermen, Common Councilmen, and Citizens ; that is to say, of 19 common councilmen, of whom one shall be mayor, and three others aldermen, and of all the citizens therein who shall be enrolled in manner hereinafter mentioned, which Municipal Corporation shall be a body corporate, and shall have a common seal, and shall take and bear the name of " The Mayor and Corporation of the City of Adelaide," and by that name shall have perpetual succession, and shall and may sue and be sued in all legal proceedings, and shall be capable in law, by the council hereinafter mentioned, to take, hold, and convey lands, and generally to do and suffer all acts as a body corporate, under and subject to the provisions hereinafter contained. 2. That from and after the passing of this Act the boundaries of the said city, for the pvirposes of this Act, shall be the inner limits of the park or public lands originally laid down by the survey, and delineated in a map and plan thereof, executed by William Light, esq., first surveyor-general of the province, now deposited in the land office at Adelaide, and all public roads, bridges, streets, squares, terraces, areas, and spaces of land now existing, or hereafter from time to time to be formed within the said limits shall, in so far as neces- sary for carrying into effect the purposes of this Act, be vested in and be deemed the property of the said corporation, who shall have the control, management, and maintenance thereof: provided nevertheless, that subject to the reservation hereinafter mentioned, the powers and duties of the said corporation shall also extend over and comprehend the control, management, and maintenance of all roads and bridges which may now or hereafter be laid out, formed or constructed on the said park or public lands: provided also, that the rights of Her Majesty, her heirs and successors, and of the governor and council of the province, are hereby expressly reserved, and nothing herein contained shall prevent the governor in council aligning, or altering and varying the direction and condition of the public roads and thoroughfares leading through the park lands from time to time, or stopping up the same, and sul)stituting others in lieu thereof, or generally exercising any act or power over the same which the governor in council may by law now competently exercise : provided also, that subject to the said reservation the powers and duties of the said corporation shall extend over and comprehend that part of the river Torrens and its tributaries included within the outer limits of the park or public lands, in so far as may be necessary for carry- ing into effect the provisions of this Act. 3. Provided also, and be it further enacted, that it shall be lawful for his Excellency the Governor, by and with the advice and consent of the legislative council, from time to time to extend the bouHdaries of the said city in such direction, and to include therein such suburban townships, villages, ports, or sea landing places, as from the increase of popula- tion or other circumstances he may deem fit, and the extended territory so included, and 0.21. c c 4 ih* 208 AFPSNPJX TO Hl^PQRT wmU THE Municipal Corpo- ration Act for the City of Adelaide. the proprietors and inhabitants thev?eof, shall he equally spbject to the provisions of this Act, and possess tfte lik^ privileges apd immunities as if the SEime had been expressly herein described as forming a part of the said municipality. 4. That every male person of full age who shall at the date of the enrolment aftermen- tioned have been at least six mon^;bs r^sidept withjn th^ prpyipce, and be the proprietor of or occupier of any land, house, warehouse, cpunting-house, pr gihop within the said city of the annual value of not less than twenty pounds, actually residing within the said city, or within seven miles thereof, shall, if duly enrolled according to the provisions hereinafter contained, be qualified and entitled to vote as a citizen ef the said eeppera^ion at the election of com- mon councilmen after mentioned : povide4 always, that g,fter any rate shall have been im- posed in virtue of the provisions hereinaftfir pont^in^^, m such person shall be so enrolled in any year unless he shall have paid, on or before the 15th of July, all rates, if any payable by him, except such as shall have become payable within one calendar month next before : provided also, that' no person being an alien shall be so enrolled, and that m person who within six months prior to such enrolment shall have received public charitable relief, or isfeo within t^VQ years prior to such enrolment s\\a}\ ha,Ye been convicted of felony, or of a mis^enjeatipr, followed by imprisonment of three iponths with hard l^oxit und.e? a sentence of any supreme or superior court, shall be so enrolled. 5. That for ascertaining the nurtiber of the qualified constituency, and revising the list of voters, as well as for conducting and declaving the election of common counollmeii, a return- \pg, 9t$Gpr and two or more assessors shall be appointed in manner ^.ftevmentioned ; th^t is tpi sajys the bench of magistrates for the province ^ssep^bling at A4elaide shall, ^^d they are h,erehy required within fifteen days after the passing of this Act, to no,n)inat9 and appoint a ^t, ?,n^ proper person to execute the duties of returning officer, ^nd two or more other fit and prpper persons tp execute the duties of assessors E^t, ^nd preparatory to th^ first election under this Act, and the mayor for the tirpe being, wfhom failing by indisposition or other- wise, such common councilman as may by the said comnjon council b# nominated fqr thfi time, shall be returning officer at and preparatory to ^11 subsequent elections ; and the Sfjid ]i)ench of naagistrates shall annually, at the qviat^teyly meetings in June, nominate and ^ipppint two or more fit and proper persons to be assessors tp the ^aid np^yor,, and one fit and proper person to act as auditor in nianner aftermentipned ; and the said returning offiper and assessors, or a, majority of their nuniber, shall ba^^ ppw,^r to appoint pplhng^ places and also such clerks and other officers as- may be neo^&sijvy for the proper eondnQting the registrations and elections under this Act, and to require the attendance an4 ^ssistEit^ce p.f the town-clerk, collectors, and other officers appointed in manner hereinafter provided, to examine parties and witnesses upon oath or declaration, to call for th^ production of book* and other writings and documents, and tp administer the usual and requisite «^.ths afld depl.ara;tions of office to the mayor, aldermen, an;! conimpn eounGilnr:^en on their e:lecti,on ; and thie said returning officer and assessors shall also have power to make such adjourn- ments, and cQutinuations of the days ^ipppinted fop t)^ business of regifstration aind eleptiion, as circumstances piay from \ia\& tp time require. 6. That within not less, than twenty-one days or n^pm than thirty days.frona and- afte? the pas-i^ing pf this Act, and annually on the first day of Septeoiber thereafter, the returning pfiicer for the time being appointed as aforesaid, shall cause advertisements to be inserted in, the SoiUth Australian Gazette, and in each of the public newspapers in Adfilaidje, appointing a period of not less than one week or greater than fourteen days, within which it shall be competent for all persons possessing the requisite qualification and desirous of voting at the election of common cpuncilmen, to claim tp be enrolled as qualified elector* in the manner aftermentioned, and also appointing ^ day at th^ distance of not less than three weeks thereafter for publicly revising the said roll and ascertaining th^ number of qualified electors. 7. That before the expiration of such peripdj every qualified claimant shaM deliver a notifta to the returning. officer, setting forth in terms as nearly as may be pf the schedule (A.) hereto annexed, bis residienoe aiwl qualification, and claiming tp b^e enrolled as a qu in form as, nearly as ma^ be of the: schedule (B.) hereto annexed, who shall thereupon forthwith give due notice thereof to the objected party, if resident in thesaid city ; and on the day appointed by adwertisewent, the returning officer,. assisted by the said assessors, shall publicly revise the hpt^apd hea,r and dispose of all objections; and in cases where the qualificatiori of the person objected to shall not be proved tO: his, satisfaction, the returning officer shall expunge the names from the roll, and shall, prepace and oeajtify,, and ca^use to be printed and published an authenticated copy of the roll of citizens, and all persons whose nances are registered tb6re.ia, and no others shall lnei deemed to be the qualifi^ed VQt©rs at the said election, 9- SELECT COMMITTEE ON SOUTH AUSTRALIA. 209 9. That on the registration beins; so completed the returning officer shall cause to be Municipal Corpo- inserted once in each of the said Gazette and newspapers a public advertisement declaring ration Act for the the total number of voters admitted on the roll, with the proportion required to constitute City of Adelaide, each electoral section or quorum empowered to return a member of the common council iu - ' ■■ — manner after provided, which shall be as nearly as the numbers will admit, one-nineteenth part of the whole qualified voters, and the returning officer shall by the said advertisement appoint polling places and a day for receiving the votes of all electors, who may exercise their option of forming such electoral sections or quorums in manner aftermentioned, and also polling places and day, at a distance of not more than three days thereafter, for com- pleting the election, in case the entire number of common councilmeu shall not be returned by quorums in manner aftermentioned. 10. That it shall be competent to the electors by voluntary classification to form them- selves into as many electoral sections or quorums as there are members to be elected, and each of these quorums may, provided they can agree upon a unanimous vote, return one member to the council, and on the said first appointed day, between the hours often o'clock of the forenoon and four o'clock of the afternoon, and at the polhng place or places ap- pointed as aforesaid, when and as often as any number of qualified electors, amounting to the proportion required to constitute such quorum aforesaid, shall assemble and appear personally at the poll and declare their unanimous vote in favour of any single candidate, the returning officer or such assessor as he may appoint to be for him at such polling place, shall enter in a poll-book in the form as nearly as may be of the schedule (C.) hereto annexed, the names of the electors in every such quorum respectively, specifying under proper columns the names of the candidates so voted for, and at four o'clock of the after- noon the assessors acting at separate polling places shall certify and seal their respective poll-books, and proceed to deliver them to the said returning officer, and the said returning officer shall forthwith scrutinize the poll-books, and declare duly returned to the common council all members so elected by the unanimous vote of such quorums respectively : pro- vided always, that no elector voting with any such quorum in the return of a member as aforesaid shall be competent to vote at the subsequent part of the election as hereinafter provided, or for more than one candidate. 11. That in case the council shall not be filled up in whole or in part by electoral quorums as aforesaid, the whole or such number as may not be so elected shall be returned by ordinary election in manner aftermentioned, that is to say, between the hours of ten of the forenoon on the day and at the polling place or places appointed as aforesaid for the completion of the election, it shall be competent for every qualified elector who has not previously voted with any such sections or quorums in the return of a candidate, to exercise his vote or votes in favour of the whole remaining numbers to the number required to com- plete the common council, and the returning officer or such assessor as he may appoint to be for him at such polling place, shall enter such votes in separate poll-books in the form as nearly as may be of the schedule (C.) hereto annexed, specifying under proper columns the candidates in whose favour such votes are respectively exercised, and at the hour appointed for closing the election the assessors, if acting at separate polling places, shall certify and seal their respective poll-books and proceed to deliver them to the returning officer, and the said returning officer shall forthwith scrutinize the poll-books, and declare duly returned as common councilraen those candidates to the number required to fill up the council who possess the majority of votes, and in the case of several candidates possessing an equal number of votes, he shall cast lots and declare duly returned such candidate or candidates in whose favour the lot is determined. 12. That no inquiry shall be permitted at any election as to the right of any person to vote, except that the mayor or other presiding officer shall, if required by any two quali- fied electors, put to any voter at the time of his tendering his vote, the questions whether he is the person named on the roll of qualified voters, and whether he has already voted at the same election, and no person required to answer the said questions shall be per mitted or qualified to vote until he shall have answered the same; and if any person shall wilfully make a false answer to the said questions, he shall be deemed guilty of a misde- meanor, and may be indicted and punished accordingly. 13. That no person who is not enrolled upon the list of citizens, and who is not the pro- prietor or occupier of a house within the said city, of the yearly rental of at least 50/., or possessed of personal property to the value of at least 500 1, shall be capable of being elected, or of acting as a common councilman, and no person who has at any time been convicted of felony or a misdemeanor, followed by imprisonment of three months, with hard labour, under "a sentence of any supreme or superior court within Her Majesty's do- minions, shall be capable of being so elected. 14. That no person who is directly or indirectly by himself, or any partner, concerned or interested in or under any contract with, by, or on behalf of the said corporation, or to which such corporation is a party, other than contracts of lease or contracts with a com- pany, the shares of which are transferable by sale, of which such person may be a share- holder, nor any person who holds directly or indirectly by himself, or any partner, any place of profit, office or employment under or in the appointment of the said corporation, shall be capable'of being elected or of acting as a common councilman while he shall hold such employment, or during the subsistence of such contract, or while any claim arising out of the same shall be unsettled. 15. That no elected candidate shall be declared duly returned by the returnmg officer as aforesaid, until he shall have made and subscribed a declaration in the form as nearly 0.21. dd ^^ 2ia APPENDIX TO REPORT FROM THE Municipal Corpo- ration Act fot the City of Adelaide. as may be of the schedule (D.) hereto annexed, j)urporting that he is qualified and ndt.dis- qiiahfied as a common councilman under the provisions of this Act, and if any elected can- didate shall wilfully make a false declaration to the above purport he shall be deemed guilty of perjury, and shall forfeit and pay a penalty of not less than 50 Z. nor more than 100 1., recoverable in manner after provided for penalties under this Act. 16. That the entire election being completed, the returning officer shall summon the whole number to assemble on the following day, and the council or a majority of their num- ber being so assembled, shall proceed to elect a chairman, who shall have not only a de-. liberative, but also a casting vote in cases of equahty, and the meeting shall thereupon; proceed. by the same mode of election as in the case of election of common councilmen (as nearly as may be) to elect from the common councilmen four aldermen, and tlie. said alder-i men being so elected, the meeting shajl proceed to elect a mayor, being one of the said alder- men, by ordinary ballot, and the said returning officer shall . thereupon administer to each: of the said parties the usual and requisite oaths prescribed by. law. 17. That annually on the said oaths being administered in future years, the mayor, alder-s men and common council of the preceding year shall, with the exception aftermentioned, go out of office, and their whole powers and duties shall be transferred to their successors : provided nevertheless, ihat^ny of the persons so going out of office shall be eligible to-be. re-elected; provided also, that one-half of the aldermen, including the mayor as an alder- man, shall, without re-election, continue in -office for two years, which continuing aldermen shall previous to the second general election under this Act, be determined by ballot, and at all subsequent elections shall be the aldermen junior in office. 18. That it shall and may be lawful for the said common council to order payment to the mayor of such salary or allowance as they may deem reasonable and proper, provided, that the said salary or allowance shall not exceed the sum of 3Q0 I. per annum, without the approval of the governor in council. 19. That the mayor for the time being shall, during the period of his mayoralty and for one year thereafter, and the aldermen for the time being shall during their term of office have, exercise and enjoy all. the rights, duties and privileges of justices of the peace of and for the said city, and all acts and deeds done or to be done by them in that capacity, aftey duly qualifying by taking the oaths prescribed by, law, shall be as good, valid and effectual to all intents and purposes as if their names had been specially inserted in Her Majesty's commission of the peace : provided nevertheless, that no such mayor or aldermen shall, in virtue of the powers hereby conferred; be capable or entitled to act as a justice of the peace at any court of gaol delivery, or general quarter sessions, or at, any meeting of the justices ■of the province. 20. That every qualified person who shall be elected to any office under this Act, shall accept such office by taking a declaration in the form, as nearly as may be of the schedule (E.) to this Act annexed, within five days after notice of his election, and every person acdept- . ing and filling any such office shall execute the duties thereby committed to him, or in default thereof pay to the treasurer of the corporation such fine, not exceeding 50 h, as the common council may by bye-law to be made in manner after mentioned declare, which fine shall be leviable in the manner after provided, for penalties under this Act; and any office not accepted in manner before provided shall be deemed to be vacant, and shall be filled up by a new election in manner herein mentioned : provided, always, that no person incapacitated by natural infirmity shall be liable to such fine as aforesaid. 21. That if any person holding the office of mayor, alderman or common councilman, shall become bankrupt or insolvent, or shall be absent from the province for a continuous period of six months, the common council shall immediately declare such person to be dis- qualified and to have ceased to hold his said office, and shall proceed to supply the vacancy by a new election : provided, that so soon as the cause df disqualification shall be removed such person shall become re-eligible. 22. That the common council shall annually, one month after the said election, appoint a fit person, not being a member thereof, to be town clerk, and another fit person to be trea- surer ; and the said common council are hereby authorized and empowered at any time to appoint such other officers as may be necessary for carrying into execution the provisions ■of this Act, and frota time to time to discontinue the appointment of such officers, and to take proper security for the due execution of their respective offices, and to pay or order to be paid to all officers executing this Act reasonable salaries or allowances, and in case of a vacancy by death, resignation, removal or otherwise, to appoint other fit persons to supply such vacancies. ^^ ■' 23. That if any extraordinary vacancies shall be occasioned in the common council durino- the currency of any year, the qualified electors shall, on pubUc notice by the returning officer of not less than five nor more than ten days, elect persons properly quahfied to supply such vacancies m the same manner, as nearly as may be, as is above provided in the case of the ordinary poll election : provided always, that no such new election shall be made unless the number of common councilmen remaining after such vacancies shall not exceed two-thirds of the whole council, and similar vacancies occurring in the office of mayor or aldermen shall be supplied by new election, to be conducted in the same manner, as nearly as may be, as is above provided in the case of ordinary poll elections. J ^-t lY'^^ acts and questions whatsoever coming before the council may be done and decided by the majority of the members present and voting, at any properly constituted meeting the whole number present at such meeting not being less than one-third part of the number of the whole council, and at all such meetings the mayor, if present, shall preside ; and SELECT COMMITTEE ON SOUTH AUSTRALIA. 211 and the mayor, or in the absence of the mayor, such alderman, or in the absence of all the iw • • 1 p aldermen, such common councilman as the members of the council then assembled shall t"""^A t f Th' choose to be the chairman of the meeting, shall have both a dehberative and a casting vote Citv"of Adekide^ in all cases of equality of votes, and minutes of the proceedings of such meetings shall be ' duly recorded and authenticated by the mayor, alderman or common councilman presiding : provided always, that previous to any extraordinary meeting of the council being held, a notice of the time and place of such intended meeting shall be given three clear days at least before such meeting, to the members, specifying the business proposed to be transa'ctedj and no business shall be transacted at such meetings other than is specified in the n9tice: provided always, that such formalities shall not be requisite for meetings occurring by appointment at stated intervals for the transaction of regular business. 25. That it shall be lawful for the council to appoint out of their own body, from time to time, such and so many committees, either of a general or special nature, and consisting of such number of persons as they may think fit ; provided that the acts of every such committee shall be subject to the approval of the common council, unless such committee shall have been authorized in cases of emergency to act without such approval, and in every such case the act of such committee shall be specially reported to the next meeting of the common council. 26. That the said common council shall have power, subject to the provisions hereinafter mentioned, to carry into execution all necessary public improvements within the said city, as regards streets, footpaths, walks, highways, causeways, and bridges and edifices of every description ; planting or felling of trees and shrubs, digging of wells, conduits and sewers^ and other like works ; to take order for the preservation and advantageous and beneficial use thereof; for the prevention of fires, the suppression of infectious diseases, the regulation of weights and measures, the establishment of markets, the regulation of the quality, of bread, butchers' meat, and other provisions, and the seizure and forfeituj'e of unwholesome provisions exposed for ,sale ; the suppression and restraint of gambling, of disorderly houses, play-houses, and houses of ill-fame and repute ; the regulation of carters, porters and drivers, and the removal and abatement of all kinds^of public nuisances; for the proper paving, lighting, cleansing, draining, supplying with water, regulating and improving the said city, and for the health, comfort and well-being of the inhabitants. 27.. That for raising the necessary funds to carry the purposes of this Act into execution, it shall be lawful for the said council, and they are hereby authorized and empowered, sub- ject to the provisions hereinafter mentioned, from time to time, when and so often as they shall think it necessary, but not exceeding once every quarter of a year, to. make and levy in manner aftermentioned, a just and equitable rate or assessment in the nature of a borough rate upon all proprietors and occupiers of houses, shops, warehouses, counting-houses, lands, tenements and hereditaments within the said city: provided always^ and be it enacted, that no such rate shall be levied on any public buildings, lands or other property belonging to or possessed by or for the use of Her Majesty, her heirs and successors, or the Coloniza- tion Commissioners of this province, which are hereby declared to be exempt from and in .fflowise subject to the imposition of any rates under this Act; provided also, that houses in the course of erection, or which for the entire quarter in respect of which any rate may be imposed in manner aftermentioned, shall remain unoccupied by any proprietor or by any tenant as representative of such proprietor, shall be exempt from the rates applicable to every such quarter during which such houses may remain so unoccupied. 28. That.forthis purpose the said common council shall from time to time, at meetings specially called, estimate as correctly as may be the total amount of money required in order to carry into effect the provisions of this Act, to be raised in the manner herein directed, and not to exceed at any one time nine pence per pound upon the fair annual value o{ all rateable property within the said city, to be computed according to a valuation made in manner aftermentioned:: provided always, and be it enacted, that in order to prevent injustice by the partial operation of this Act, as affecting the inhabitants of remotely situ- ated districts or parts of the said city, it shall not be necessary in all cases to levy an uniform rate throughout the limits of the said city, but the said common council shall have power in the levying of rates in particular districts or parts of the said city, to have regard to the situation of tfee same with respect to the extent and manner in which they may be hkely from time to time to derive benefit from the provisions of this Act for lighting, draining or otherwise, and so to apportion, modify or alter from time to time the amount of the rate leviable from such districts or parts of the said city, as a due regard to the rights of the parties interested therein may to the said common. council appear to require. 29. That the said common council shall cause public notice to be given of the amount of money so proposed to be raised for the purposes of this Act, the causes rendering the rate necessary, and the objects to which the same is intended to be applied, at least once in the JSouth Australian Gazette, and shall after the expiration of seven days authorize certain fit and proper persons to be by them appointed as collectors of rates, to ascertain the fair annual value of the said rateable property, and to levy the amount required. 30. That the said collectors of rates shall, on valuing and assessing the said rateable property, deliver to the rate-payers, if resident within the said city, or to their kriown agents or representatives, if absent therefrom, written notices, specifying the valuation^ rate of assessment, and amount leviable from each in respect of the property rated, and demanding payment within a reasonable time; and in case of non-payment thereof the mayor or any two justices of the peace for the province or for the said city shall and may issue a warrant 0.21. d d '2 to 212 APPENDIX TO REPORT FROM THE Municipal Corpo- ration Act for the City of Adelaide. to any constable or other person named therein, to levy the same by distress and sale of the goods and chattels of the persons so rated and assessed and failing to pay, and in default of sufficient distress, by imprisonment, and in the same manner as after provided in the case of penalties under this Act: provided always, that no sale of such goods and chattels shall take place until after the expiration of three days after the seizure thereof, and that no such imprisonment shall exceed the term of one calendar month ; provided also, that all parties aggrieved by the proceedings of the said collectors or justices shall have right to appeal to the common council, who shall have power to hear and determine finally on the matter. 31. That such rates shall be wholly payable in the first place by and recoverable from the occupant (if there be such) of the said property rated, but such occupant by whom such rates shall be paid, shall be entitled to deduct one-half of such rates from the rent payable to the proprietor, or his agent, or other person by whom such rateable premises shall have been let, who shall in the second place be liable wholly for such rates, and from whom the same may be wholly levied in case of the removal or in default of any actual possbssor of the said premises, and such rates shall be instantly due and payable at and from the time stated in the collector's notice of demand. 32. That the city treasurer shall, at least once in every quarter of a year, cause to be published in the first Gazette after the first day of January, and in the: first Gazette after the first day of July, a list of the persons who shall be in arrear of rates and of the amounts respectively due, and from and after the date of such publication, such rates with ordinary bank interest thereon, and the expense of proceedings" taken to recover the same, shall con- stitute a lien, and have a priority and be preferable after Crown debts to every subsequent security or claim of any description, against the estate real and personal of the debtors respectively. 33. That in case any proprietor of any lands and hereditaments subject to be rated under this Act, who shall not be possessed of any distrainable goods, whether resident in the province or not, shall permit the rates due in respect of such property to remain in arrear unpaid for a period of three years, it shall be lawful for the said collector, or such officer as may be authorized by the said corporation in that behalf, to make application by petition to the supreme court of the province, and the said court shall, after such notice by publication or otherwise, as may be deemed necessary and proper, summarily adjudge and order such lands, tenements and hereditaments, or such part thereof as may be sufficient to pay the whole arrears of rates due at or prior to the said application, with ordinary bank interest thereon, the costs of such application and expenses of sale, to be sold by public auction, and the proceeds to be paid into court, and the said court is also hereby authorized and empowered to order payments to the said corporation or such officer as aforesaid, of the ■said amount of rates, interest, costs and expenses incurred, in preference to any mortgage or other right or security over the said premises, and to issue and grant to the purchasers a deed or deeds of conveyance in terras of law, free of any other mortgage or other burthen or incumbrance whatsoever, and such conveyance to the said premises sold shall be as good, valid and effectual as if the same had been granted by the lawful proprietor thereof, any law or practice to the contrary notwithstanding ; and any balance or sum remaining after pay- ment of the said rates, costs and expenses, shall be paid by the clerk of the said court into a public bank, at the sight and approval of the chief justice, subject to the future orders of the court, for behoof of the party or parties having interest therein. 34. That for the more effectually carrying the purposes of this Act into execution, the ■said common council are hereby authorized and empowered, subject to the provisions hereinafter mentioned, to make and pass such bye-laws, orders and regulations as may be deemed necessary, which shall be equally valid and effectual as if expressly inserted herein, and to impose fines and penalties for offences in contravention thereof (not exceeding the sum of five pounds in each case), such fines and penalties to be recovered by summary proceeding before the resident magistrate, mayor, or any two of Her Majesty's justices of the peace for the province or for the said city, in manner aftermentioned. 35. Provided always, and be it enacted, that all such bye-laws and orders shall, on being made and passed by the said common council in virtue of the powers above con- ferred, be immediately communicated for the approval or disallowance of his Excellency the Governor in Councjl, and no such bye-laws, orders or resolutions shall be carried into execution, or be of any force or effect until the expiration of forty days after being so com- municated, and if ^t any time within the said period the governor in council shall disallow any bye-law or part thereof, such bye-law or part disallowed shall not come into operation : provided also, that it shall be lawful for the governor if he shall think fit, at any time within the said period to enlarge the time within which such bye-law if disallowed shall not come into force, and no such bye-law shall in that case come into force until after the expiration of such enlarged time ; provided also, that the maximum amount of the ordinary expenditure of the said corporation in exercise of the powers hereinafter conferred on them, is hereby estimated and fixed at the sum of 500 Z. for each and every quarter of a year, and it shall not be competent for the said corporation to exceed the said amount, or incur expenditure of an unusual description, or contract loans for the erection of public buildings, execution of extensive improvements or the like, without the approval of the governor in council duly notified, and when and so often as it may be necessary for the said corporation to incur extraordinary expenditure, it shall be incumbent on them to transmit for such approval a copy of the minutes or resolutions, stating the specific object -and purpose and the grounds of such extraordinary expenditure. 36. That SELECT COMMITTEE ON SOUTH AUSTRALIA. 213 36. That no work, improvement or undertaking, the cost of which shall exceed 400 /., Municipal Corpo^ shall be exempted unless the same shall have been agreed to and sanctioned by a minute or ration Act forth* resolution passed at a meeting specially called for the consideration thereof in the manner City of Adelaide, hereinbefore directed, and the execution of every such work, improvement or undertaking, ' where the estimated expense thereof shall exceed 400 1., shall be by contract, and after adver- of tisement for tenders in the South Australian Gazette, and the contract shall be approved by like minute or resolution. 37. That in order the more effectuUy to enable the said corporation to make, repair and "maintain in good condition all public streets, roads and thoroughfares within the said mu- nicipality, they are hereby authorized and empowered, subject to the approval of the governor in council in manner hereinbefore provided, to erect turnpikes and impose and levy tolls on the principal thoroughfares leading to and from the city. 38. That in order to provide for the expenses of the first election, and sucb proceeding* as may be necessary to bring this Act into operatioQ, it shall be lawful for his Excellency the Governor, by warrant under his hand from time to time to authorize and direct payment of such sums as he may see fit and proper to be made by the colonial treasurer out of the publie funds of the province, which sums shall, so soon as the corporation has by, rating or other- wise acquired sufficient funds, be immediately repaid by the city treasurer out of the first and readiest means under his control. 39. And whereas a large proportion of the expenses incurred in consequence of crimes committed within the said province, is properly applicable to the city, be it enacted, that when and so soon as the said corporation shall have raised sufficient funds to meet the expenses of ordinary regulations, and of carrying into effect the purposes of this Act abovementioned, such funds shall contribute to the cost of prosecution, to the maintenance of the gaols, and to the general expenses attending the administration of justice, in so far as the same arise from and are incurred in consequence of felonies and misdemeanors committed or supposed to have been committed within the limits of the said city ; and the city treasurer shall accordingly answer and obey all orders of court and all lawful demands for payment of -such expenses duly ascertained. 40. That annually, on the 15th day of August, the city treasurer shall lay before the com- mon council a distinct account or statement of the whole property, revenue and debts due to and due by the corporation of every description, and from whatever source, as well as of the actual receipts and disbursements, income and expenditure for the year pre- ceding, and such accounts and statements shall be examined by two auditors, of whom one shall be nominated by the bench of magistrates and the other by the common council ; and on or before the 15th day of September an abstract of the said accounts shall, toge- ther with the auditor's report thereon, be published in the South Australian Gazette, for public information. 41. And whereas on the 15th day of October last an Act was passed by his Excel- lency the Governor in Council, intituled, " An Act for raising and organising a Police Force for the Province of South Australia," in which certain provisions were made and powers granted for the maintenance of the pubhc peace and good order, and which Act is now in beneficial operation ; Be it therefore enacted, that nothing herein contained shall be construed to repeal, alter or innovate, to any extent whatever, the provisions of the said Act, or to confer on the said mayor, aldermen and common council any of the powers therein appropriated, or which by usage or general understanding are commonly assigned to the police department ; but the functionaries appointed under the authority of the said Act, or by any similar Act to be hereafter passed, shall continue to exercise the said powers and duties as exclusively and extensively as heretofore, both within and beyond the limits of the said city, anything expressed in this Act to the contrary notwithstanding. 42. That if any person shall act as mayor, alderman, common councilman, or other officer under this Act, without having made the declarations hereinbefore required in that behalf, or without being duly quahfied at the time of making such declarations, or after he shall cease to be qualified according to the provisions of this Act, or after he shall have become disqualified to hold any such office, he shall for every such offence forfeit the sum of 50/., to be recovered with all costs of suit by any qualified elector who will sue for the same within three calendar months after the commission of such offence ; and every person so sued by reason of not being qualified in respect of estate, shall prove that he was at the time of so acting qualified as aforesaid, or otherwise shall pay the said penalty with- out any further evidence being given on the part of the plaintiff" than that such person has acted in the execution of such office : provided always, that it shall be lawful for any defendant, by judge's order to be obtained within fourteen days after he shall have been sued with' process in any such action, to require the plaintiff" to give security for costs, and in such case all further proceedings in the cause shall be stayed, until the plaintiff" shall give security to the satisfaction of the proper officer of court for costs, in case a verdict shall pass for the defendant, or the plaintiff" become nonsuit or discontinue such action, or if upon demurrer or otherwise judgment shall be given against the plaintiff", and the de- fendant shall in either of such cases recover his full costs as between attorney and client ; provided also, that no such action shall be brought unless the plaintiff" shall, within four- teen days after the commission of the off"ence, have served a notice in writing personally UDon the party committing such off'ence of his intention to bring such action, and in case the plaintiff" shall obtain a verdict the money recovered shall, after payment of costs and expenses, be paid to the city treasurer and applied in aid of the corporation fund : provided always, that all acts and proceedings of any person in possession of the office of, and 0.21. ddz acting 214 APPENDIX TO REPORT FROM THE Municipal Corpo- ration Act for the City of Adelaide. acting as mayor, alderman, common councilman or other oflBce shall, notwithstanding such disqualification or want of qualification, be as valid and effectual as if such person had been duly qualified. 43. That if any person who shall have or claim to have any right to vote in any election, under this Act shall, after the passing of this Act, ask or take any money or other reward by way of gift, loan or other device, or agree or contract for any money, gift, office, em- ployment or other reward whatsoever, to give or forbear to give his vote in any such elecr tion, or if any person by himself or any person employed by him, shall by any gift or ^ewE^rd, or by any promise, agreement or security for any gift or reward, corrupt or pro- cure, or offer to corrupt or procure any person to give or forbear to give his vote in any such election, such person so offending in any of the cases aforesaid shall for every such offence forfeit the sum of 50 1. sterUng, to be recovered with full costs of suit by any qualified elector who shall sue for the same, by action of debt, bill, plaint or information in the su- preme court, to be paid and applied as aforesaid ; and any persons© offending in any of the cases aforesaid being lawfully convicted thereof, shall for ever be disabled to vote in any election under this Act, and to hold, exercise or enjoy any office or franchise to which he then shall or at any time afterwards may be entitled as a citizen of the said corporatioUj as if such person were actually dead. 44. That immediately on any conviction or judgment being obtained, declaring or having the effect of declaring any person who shall have been elec ted to any such office under this Act, to be not duly qualified, or to have ceased to be qualified, or to be or have become disqualified to hold any sach office, such office shall from and after the date of such con- viction or j udgment, be ipso facto determined and void, and a new election shall be pro^ ceeded with to fill up the vacancy in manner provided by this Act. 45. That all fines, penalties and forfeitures imposed by this Act, or by any bye-law made in pursuance thereof, for the reason of which provision is not otherwise made by this Act, shall and may be removed at the suit of any qualified elector on the roll of citizens, by action, bill, plaint or information in the supreme court, if the same shall exceed in amount the sum of 50 I., and if not exceeding the said amount, in a summary manner before any resident magistrate, justice or justices of the peace for the province or the said city, as nearly as may be in form and manner provided by Act of Council for summary proceedT ings before justices, and all such fines and penalties shall be adjudged to be paid to the city treasurer for the time being to the credit and on account of the corporation fund: pro- vided always, and be it further enacted, that all such fines, penalties and forfeitures may be remitted in whole or in part by the governor, that no person although liable to the rate contributing to the corporation fund shall be deemed an incompetent witness in proof of ariy offence against this Act by reason of any penalty or forfeiture for such offence being appli- cable to the use of the corporation fund, and no justice of the peace shall be disabled from acting in the execution of this Act by reason of his being liable to the rate contributing to the corporation fund, 46. That no such summary conviction, order, warrant or other matter made or purport- ing to be made by virtue of this Act, shall be quashed for want of form, or be removed by certiorari or otherwise into the supreme court, and no warrant or commitment shall be held void by reason of any defect therein, provided that it be therein alleged that it is founded on a conviction, and there be a good and vahd conviction to sustain the same ; and where any distress shall be made for levying any money by virtue of this Act, the dis- tress itself shall not be deemed unlawful, nor the party making the same be deemed a tres-- passer, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto, nor shall the party distraining be deemed a trespasser ah initio on account of any irregularity afterwards committed by him, but the person aggrieved by such irregularity may recover full satisfaction for the special damage, if any, in an action upon the case. 47. And for the protection of persons acting in the execution of this Act, be it enacted,, that all actions and prosecutions against any person for anything done in pursuance of this Act, shall be commenced within six calendar months after the fact committed, and not otherwise : and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action; and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon ; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought by or on behalf of the defendant ; and if a verdict shall pass for the defendant, or the plaintiff become nonsuit, or discontinue any such action after issue joined, or if upon demurrer or otherwise judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have thehke remedy for the same as any defendant hath by law in other cases, 48. That throughout this Act, unless there be something |in the subject or context. repug- nant to such construction, every word in the singular number shall be construed to extend to the plural, and every word in the masculine gender to the feminine; and no misnomer or inaccurate description of any person, body corporate, or place named in this Act, or in any schedule hereto annexed, or in any roll, list, notice or poll-book hereby required, shall hinder the full operation of this Act, provided that the description be such as to be com- monly understood. 49. That whenever a day on which anything is by this Act appointed to be done falls on a Sunday, SELECT COMMITTEE ON SOUTH AUSTRALIA. 415 a Sunday, the Monday immediately following shall he held and deemed to be the day Municipal Corpo- appointed, and all acts and deeds then done shall be as valid and effectual as if done on the ration Act for the day specified in this Act. City of Adelaide. 50. Provided always, and be it enacted, that nothing in this Act contained shall be deemed to aifect or apply to any right, title or interest of Her Majesty, her heirs and successors. SCHEDULES referred to in the foregoing ACT. (A.) Notice of Claim. To tjie Returning Officer of the City of Adelaide. I HEREBY give you notice that I claim to have my name inserted in the List of Citizens of the Corporation of Adelaide : that I am proprietor \or occupier, as the case may be'] of [here state the premises founding the qualification'], and that I am otherwise qualified, and not disqualified, in terms of the Act constituting-the said Corporation. Dated [Signed with the name, occupation, and residence of the claimant.] (B.) Notice of Objection. To the Returning Officer of the City, of Adelaide. I HEREBY give you notice that I object to the name of [describe the person objected to in the List] being retained on the List of Citizens of the Corporation of Adelaide. Dated {/Signed with the name, occupation, and residence, and stating, the qualification for which the objector has claimed to be enrolled.] (C.) Is the form of the Poll Register of Voters at the Election of Common Councilmen. (D.) Declaration of Qualificat;ion by Common Councilmen. I hereby declare that I possess the qualifications required, and am in no manner dis- qualified to be elected a Common Councilman, in terms of the Act constituting the Corpo- ration of the City of Adelaide : and this declaration I make believing the same to be true, and subject to the pains and penalties in the said Act mentioned. [Signed with the name, occupation, and residence of candidates.^ Made and subscribed before me\ this [date] J [Signed by Jhe Returning Officer.] ^ (E.) ;. . „ , Declaration of Acceptance of Office. I HEREBY declare that I accept the office of to which I have been elected, and that I will faithfully execute the dufies thereof in terms of the Act constituting the Corporation of the City of Adelaide. Made and subscribed the [c?afe]\ before me J ' ' [Signed by the Presiding Officer.'] 0.21. d d 4. 2l6 APPENDIX TO REPORT FROM THE Paper, No. 13. PAPERS delivered in by T.F, Elliot, Esq. ii March 1841. Public Revenue. — (No. 1.) — PUBLIC REVENUE of South Australia for 1839 and the First Quarter of 1840. Authority for the )Statement, PERIOD. AMOUNT. EATE PER ANNUM. South Australian Register 1st q^uarter of 1839 - £. s. d. 2,862 - 1 £. S. 11,448 - d. 4; say il. Col. Gawler's Despatch, No. 27, 23 August 1839. 2d ditto - - 4,375 6 7 17,501 6 4; say I. Ditto - - - - 3d ditto - - 5,477 8 2* 21,909 12 8; say L Col. Gawler's Despatch,, No. 28, 4 April 1840. 4th ditto - - 5,694 19-4 22,779 17 4; say /. South Australian Ga- zette, 4 June 1840, inserted by authority. 1st ditto 1840 - 7,371 5 4 29,485 1 4; say /. * The actual return sent home for this quarter was only from the 1st July to the 19th August or the first half of the quarter, amounting to 2,738 Z. 14*. \d. Twice that amount is assumed above- for the whole quarter. ^ 3, Park-street, Westminster, 1 9 March 1841. J S. Walcott, Secretary. Shipping. — (No. 2.) — SHIPPING, 1839. Computed from Customs Return, enclosed in Colonel Gawler's Despatch No. 50, of 26th November 1839, and No. 26, of 20th March 1840. ARRIVED. CLEARED OUT. period: Number of Ships. Amount of Tonnage. Number ofShips. Amount of Tonnage. First half of 1839 - - - - Second - ditto . _ _ _ 88 80 19,149 1 7,408 1 94 71 18,995 14,347 1 Total for the Year 168 36,557 165 33,342 These quantities have been calculated from the average of the corresponding number o£ ships in the preceding half-year. f The tonnage not inserted for this half-year. 9, Park-street, Westminster, \ 9 March 1841. J S. Walcott, Secretary.. SELECT COMMITTEE ON SOUTH AUSTRALIA. 217 — (No. 3.) — POPULATION. RETURN intended to show the Probable Population oi South Australia, at the end of 1838, i839,and i840,asfaras can be estimated from the known Immigration from other Places; the Results confirmed by Extracts from the Resident Commissioners' Despatches. Population. Arrivals in the Colony, Emigration from the United Kingdom in 1836 (a) -, - Ditto - ditto - ditto - - 1837 (a) - Ditto - ditto - ditto in the first eight months of 1 838 (c) - Total computed Arrivals from England to end of 1838 Arrivals prior to end of 1838 : From other Colonies (6) --------- From Germany (6) --------- Total Arrivals from all Places to end of 1838 Emigration of last four months of 1S38 Ditto - first eight months of 1839 1,754 (c) 3443 (c) Total Arrivals up to end of 1839 - Emigration oflast four months of 1839 - - - . - - 1,877 (040 6,960 3.040 2,720 2,240 1,680 460 18,336 560 80 480 160 480 320 320 4,720 320 80 80 Purchase Money. £. s. d. 6,800 - - 2,560 3,040 - - 6,960 - - 3,040 - - 2,720 - - 2,240 - - 1,680 - - 400 - - 18,336 - - 560 - - 80 - - 480 - - ]6o - - 480 - - 320 - - 320 - - 4,720 - - 320 - - 80 - - 80 s. d. 12,400 - - 12,720 - 4,320 - - 18,896 - - 48.336 - - 720 - - 1,120 - - 6,120 - - 80 7,040 - - S. Walcott, Secretary. 0.21. eel 220 APPENDIX TO REPORT FROM THE Paper, No. 14. PAPERS delivered in' by Colonel Torz-ens, 18 March 1841. — (No. 1.) — Me, Pennington's Minute. Gentlemen, Downing-street, 15 February 1840. Mr. Pennington's I am directed by the Secretary of State to transmit to you, for any suggestions and Minute. observations which you may have to offer, the enclosed Memorandum, by Mr. James Pen- ... nington, on the subject of the Finances of South Australia. I am, &c. (signed) James Stephen. Colonization Commissioners for South Australia. South Australian Financial Arbangements. The following is an extractfrom a memorandum written in the month of March 1836, on the financial arrangement of the South Australian Land and Emigration Commission : — The 6th section of the statute 4 & 5 Will. 4, c. 95, directs that the whole of the money arising from the sales of land and the rent of pasturage shall, without any deduction whatsoever, be employed in conveying poor emigrants to the colony. According to the strict meaning of the words of this section of the Act, all outgoing^ and expenses necessary and incidental to the sale of land must be charged on some fund" other than the Land Fund. The only other fund over which the Commissioners have any control is that raised and hereafter to be raised in pursuance of the 18th section of the Act; This section authorizes the commission to borrow money (not exceeding 200,000/.), at a rate of interest not exceeding 10 per cent., for defraying all the costs, charges, and expenses of founding the intended colony, of providing for the government thereof, and of carrying the Act into execution ; the money so borrowed to be a charge upon the ordinary revenue, or produce of all rates, duties^ and taxes, levied and hereafter to be levied within the province. Now, if all outgoings^ and expenses (other than the cost of conveying poor emigrants from Great Britain and Ireland to the province), including the expense of surveys, the cost and maintenance of the surveying vessels, the salaries and expenses of the surveying staff, and the purchase of stores and JDrovisions for the use of the colony during the first twelve months after its establishment, or for whatever time or in whatever quantity may be deemed necessary, be charged upon this fund; if, moreover, the interest accruing from time to time on the money borrowed be likewise charged, it is much to. be feared that,,in no long time the commissioners will be pressed by financial difficulties of a vpry perplexing nature, and perhapis wholly insuperable. The 13th section of the Act authorizes the Commissioners to appoint a secretary and a treasurer. If all the money uiider the control of the Commissioners, whether consisting of the Loan Fund or of the fund arising from the sale of landi or of both, be placed in the hands of a treasurer, that treasurer cannot, consistently with the provisions and directions of. the Act, make even a temporary advance from the one fund to the other. Hence it may not unfre- quently happen that the Commissioners may be under the • necessity of (incurring a heavy charge for interest, although the treasurer should have in his hands a large sum of money, which, although not immediately wanted, caiinot be diverted for any periodof time, how- ever short, from the purpose to which it is alone legally applicable. Much of the loss, and incoaifinience arising from this, cause would be averted if the Commissioners were authorized to borrow money temporarily from one fund for the purpose of- the other. The two funds in the hands of the treasure* being consolidated, the separa- tion of the two would then consist of two separate and distinct statements, showing the income and outgoings of each. Wow, all this might as safely and in some respects more Conveniently be done if, instead of placing the whole of the money in the hands of a treasurfer, it were lodged in the names of SELECT COMMITTEE ON SOUTH AUSTRALIA. 221 of the Commissioners at the Bank of England,' and cheques were drawn on the Bank, signed Mr. Pennington's by two of the Commissioners, and countersigned by the secretary. Those cheques would Minute. be drawn on the consolidated fund, and separate and distinct accounts would be kept of — ^— — the income and expediture of each fund, which accounts would be submitted to the Lords of the Treasury, and be audited in the sa:me manner asother public accounts, conformably to the 13th section of the Act. If at any time the general balance at the Bank should be less thaathe proper balance of the Land Fund, and, if at the same time such a number of emigrants should offer for conveyance as to require the immediate outlay of the latter fund, it would become the duty of the Commissioners to make good the deficiency of the Revenue Security Fund, by raising money by loan, on the security of the revenues of the province, in pursuance of thie 18th section of the Act. The.foregoing observations were written in the month of March 1836. In the year 1838 an Act was passed (1 & 2 Vict. c. 60), by which the inconvenience resulting from' the former Act was in some degree lessened. By that Act the Commis- sioners are authorized to apply so much of the proceeds of the sales of public lands as may be necessary in discharge of the principal, and of the interest accruing, arid to accrue, upon the colonial revenue securities: "provided that the sums so paid shall constitute a colonial debt, owing by thq province to the Commissioners. Th^y are likewise authorized to advance the money in their hands, belonging to either fund, for the purposes of t?ie other, keeping distinct accounts of all such advances in the books under their direction : provided that in every case in which money is advanced by one fund for the purposes of the other, the advanpe ;shall constitute a debt from the one fund to the other, and shall be replaced or repaid without interest, as soon as conveniently may be, out of the moneys accruipg to the 'fund debited with such advance : provided that the amount advanced from the. Emigration Fund, in aid of the revenues of the colony, together with the debt which may have been due to the Emigration Fund at the com- mencement of any year, shall not, at the close of such year, exceed one-third of the amount which may have accrued to the said Emigration Fund in the course of such year. Under the authority of this Act the Commissioners, at the close of the year 1838, trans- ferred from the Revenue Fund to the. debit of .the Emigration Fund, the amount of the various sums which they had previously paid for interest on the loans contracted on ac- count of the former fund, which sums amounted to 10,677 ^* 3 *• 4"^- ^^ *'^^ close of that year there had likewise been advanced from the Land Fund to the Revenue Fund the sum of .4,779 L Ss.iod.' These two constituted a debt from the province to the Commissioners of 15456 Z. 12s. id. . At the close of the, year -1839, ^^ advance of the Land Fund to the Revenue Fund amounted to about 22,000 Z.,* exclusive of the advance of interest on the outstanding revenue securities, which interest amounted to about 16,000 Z.* The whole debt owing by the Revenue Fund to the Land Fund amounted, at the close of 1839, *" about 38,000 Z..* ■ Tfow, as by the third section of the last-mentioned Act, it is directed that the amount advanced from the Emigration Fund in aid of the revenues of the colony, together with the debt which me^y have been due to that fund at the commencement of any year, shall not, at the close of such year, exceed one-third of the amount which may have accrued to the said Emigration Fund in the course of such year, 1 apprehend that the Commissioners will be precluded from taking any further sum from the Land Fund, in aid of the Revenue Fund, in the present year, 1840, unless the sums accruing to the former in the course of the year should exceed three times the amount of the debt existing at the commencement of the year ; that is, unless they should exceed 1 14,000 /., and then only one-third of the excess can be taken. Under these circumstances, the only resource open to the Commissioners for the payment of whatever bills may be drawn upon them from the colony, on account of the civil go- vernment, the salaries and expenses of the surveying party, and the expenses of the home establishment, is a public loan, to be raised on the security of the ordinary revenues of the province. i , ■ 1 • ,. In the present state of the Land Fund, the limitation prescribed by. the third section of the last-mentioned Act is inconvenient, inasmuch as, in consequence of the large amount of land sales during the last two years, the balance of money in the hands of the Commis- sioners on account of the Emigration Fund is, at present, much greater than will be required for the objects and purposes of that fund for some time to come. The Commissioners then are in this anomalous situation, that with a large balance of money in their hands they have no funds which are lawfully applicable to the maintenance of the government of the colony, or to the expenses of the home establishment ; and that in order to raise funds for these purposes, they must resort to the money market m London for a loan of money,, at a high rate of interest. "Whether any arrangement can be made to mitigate or obviate this inconvenience, is a point which I shall advert to hereafter. In the meantine it may be proper to notice some circumstances and considerations connected with the Land Fund. According * Not having seen the accounts made up to the close of 1839, I cannot state these sums with exact precision. The cost of provisions and stores sent out with the first settlers is not mcluded in them. 0.21. ee3 222 APPENDIX TO REPORT FROM THE Mr. Pennington's According to the 6th section of the South Australian Colonization Act, the public lands Minute. of the province are to be sold at a fixed and uniform price. The purchase money may be _, paid either in London or in the colony. When paid in London the practice is to give a land order to the purchaser, in which order is mentioned the quantity of land which is to be conveyed to him. During the last year (1839) the purchases of land in the colony have exceeded in amount the purchases of land orders in London. During the last two or three months, the delivery of lan^ orders in London has been very inconsiderable. One principal reason of the falling off is probably to be found in the state of the exchange between the colony and the mother country. Although the metallic money of both is precisely the same, yet, the expense and loss of time in transmitting hard money to and from places so distant from each other, allow the exchange to fluctuate within a consider- able range, without being checked by the transmission of gold and silver. In 1 837 and the early part of 1838, the exchange for commercial bills at Sydney upon London was, I understand, at about five per cent, discount; that is, 95 Z. were given in New South Wales for a bill of 100 /. upon London. Now, when the exchange is adverse to the colony, in other words, when bills on London are at a premium (say of five per cent.) in the colony, the purchaser of land who lodges his purchase-money in the hands of a banker or merchant in London, and obtains a letter of credit on the colony for the amount, gets an advantage of five per cent, over the purchaser of a land order from the Commissioners, besides having the use of the money in London during a period of eight or ten months. I In this state of the exchange, and for the reasons above stated, it may be expected that purchasers of land will generally prefer paying their purchase money in the colony to paying it in London. On the other hand, when the exchange is in favour of the colony, it may be expected that the purchase money will generally be paid in London. In the former case the land fund loses the difference of the exchange* ; in the latter, the Commissioners do not obtain the advantage which, in a commercial view of the matter, they are fairly entitled to. It has been seen from the foregoing statements, that the funds applicable to the support of the civil government of the colony, the expense of surveys, and of the home establish- ment, must be derived from public loans, and from rates and taxes levied in the colony. By accounts lately received from the colony, it appears that the amount levied in the rates and taxes is gradually increasing, and is likely to be considerable. As, however, it may be expected that the expenses of the government and of the surveying staff will likewise greatly increase, it is probable that bills on the Commissioners of large amount will still be drawn for those purposes. Unfortunately, from some cause of which no satisfactory explanation has yet been given, no account of the application and expenditure of the large sums drawn for from the colony, since its first establishment, has yet been received, so that no satisfactory judgment can be formed of the probable future expenditure from the know- ledge and experience of the past. Assuming that bills of a large amount will continue to be drawn on the Commissioners, it will be desirable, in order to prevent as far as possible the inconvenience arising from fluctuations in the exchange, that such arrangements will be made as will render unneces- sary the sale of bills in the colony, drawn by government on the one hand, and the pur- chase of bills for remittance on account of the land sales, on the other. This may be accomplished by transfers from the one account to the other in the colony, and by corre- sponding transfers in the books of the Commissioners jn London. If this had been done with respect to the large amount of bills drawn on the Commis- sioners which are now in the course of being presented for acceptance, the necessity of raising a loan in London, on account of the Revenue Fund, might have been for a while delayed. The bills having appeared, and there being at present no funds in the hands of the Commissioners lawfully applicable to the payment of them, an immediate loan on account of the Revenue Fund has become necessary. Although the present state of the money market in London is not favourable to the negotiation of a foreign loan, yet as the amount required will be comparatively small, no difiiculty will probably be experienced. The rate of interest will however be high. It remains to notice the Guarantee Fund of 20,000 /. By the 24th section of the Act 4 & 5 Will. 4, c. 95, it is enacted, that for the purpose of providing a guarantee that no part of the expense of governing the colony shall fall upon the mother country, 20,000/. of the money borrowed on the revenue securities shall be in- vested in the names of trustees to be appointed by His Majesty. The contingencies contemplated in the appointment of this security fund are, first, the possible inability of the colony to defray the expenses of civil government out of its own resources ; and, second, the occasional demand of payments in this country which the Com- missioners may not have in their hands the means of immediately satisfying As the 20,000 Z. consists of money borrowed at a high rate of interest, on the security of the revenues and unsold lands of the colony, it should hardly seem that the possession of 20,000 I. gives to the mother country any greater security than would result from the pos- session saJJZ ^ °!^\\f^% ^"^ '" ^^^ ^^[""y ^""^ deposited in the South Australian Bank at Ade aide on account of the Commissioners. The bank has lately transmitted to their agents in n°". „'!. fcno? V ""t -Rf "«=t«'n%t° P^y °ver the money to the commissioners, deducting five per cent, or 2,500/. for the difference of exchange. SELECT COMMITTEE ON SOUTH AUSTRALIA. 223 session of the revenues of the colony, and of the land remaining unsold disburthened from Mr. Pennington's the encumbrance. If the first mentioned contingency should occur. Government will have Minute. the revenue and the land burthened with a debt of 20,000 I, and its accruing interest. If . . the fund be given up for the present purposes of the colony, Government will have the revenue and the land free from this encumbrance. If the second contingency should occur,, the Guarantee Fund may be resorted to with the consent of the Secretary of State, to supply the immediate exigency, and time thus be afforded for ulterior arrangements. This section of the Act authorizes the Secretary of State for the Colonies to dispose of any part of the Guarantee Fund, for any of the purposes to which the monies raised on the security of the revenues of the colony are applicable, and directs that the sum so dis- posed of shall be restored to the fund by the Commissioners. The occasional and temporary apphcation of part of this fund (with the consent of the Secretary of State) to the purposes to which the Revenue Fund is applicable, and judicious arrangements in the appropriation of the rates and taxes levied in the colony, and in the transmission to this country of the proceeds of the land sales, are amongst the means which must be sought for lessening the charge of interest on loans raised or hereafter to be raised in England. As the financial affairs of the colony may very possibly become complicated and difficult, I have endeavoured to describe what appears to me to be their present state, and have made such observations as have occurred to me with regard to the arrangements which may hereafter become necessary. (signed) James Pennington. London, 11 February 1840. The above memorandum was enclosed in a letter from the Colonial Office to the Com- missioners, dated 15th Feb. 1840. — (No. 2.) — Revenue Bones Payable for Land. My dear Sir, 6, Adelphi Terrace, 1 1 March 1840. Revenue Bonds Allow me to recall your attention to the South AustraUa Loan, which we discussed payable for Lands, when you favoured us.with a call at Adelphi Terrace. In conformity with the provisions of the ameiided Act, the Commissioners durmg the course of the last year borrowed from the Emigration Fund a considerable sum m aid of the Revenue Fund, and it has now become necessary, in pursuance of the provisions of the same Act, that we should raise a loan on revenue securities, in order to discharge the debt due to the Emigration Fund. In effecting this loan we propose to proceed as follows :— 1st. To issue bonds upon the security of the revenues and unsold lanas ol the province. 2d. To make these revenue bonds payable in this country at the expiration of 10 or 20 years, as may be agreed upon. , , ^ -^x. ^x. ,. 3d To instruct the resident commissioner to receive these bonds at par, with the inte- rest which may be due upon them, in payment of duties and taxes levied in the colony. 4th. Also to instruct the resident commissioner to receive the bonds as cash, as in pay- ments for public lands. ., , , , . , i • j ^i, /^th To consider the ablount of the revenue bonds which may be received on the pur- chase of land as a new debt due from the Revenue to the Emigration Fund, reqmring to be discharged when occasions require by a further revenue loan. . j- ^^^ Your opinion is requested as to the legality of the proposed course of proceeding. The point to which we would particularly direct your attention is, whether the resident com- missioner could receive the bonds themselves as a direct payment for land or whether it would be necessary that the bonds should in the first instance be paid off by the colonial treasurer, he taking a receipt for such payment from the person presenting it, and givmg him at the same time an equivalent receipt for the amount as purchase money for land. Requesting that you will favour us with your opmion upon the subject at your earliest convenience, t 0, I am, &c. (signed) iJ. Ton-ens, Jas. Freshfield, Esq. My dear Sir, ^ew Bank Buildings, 12 March 1840. I HAVE attentively considered the plan suggested in your letter "^ t'^.^./^jj^ !"^^„°f issuing revenue securities here, and instructing the resident '^.^^^f^f^"^^' "1^^°7;^ tralia to receive the bonds, with the interest upon them, as cash in the E^y^^^nt f P"'''^^ land ; and, upon the whole, I am of opinion that this cannot be done JJ Y;«™y be attained by directing the colonial treasurer to pay the amount of any bonds ^endeied^ 0.21. ««4 224 APPENDIX TO REPORT FROM THE Revenue Bonds ^^^ by any party to the resident commisfeidner in payment of land purchased by such payable for Lands, party, and a notice to this effect may be inserted in or on the bond. The law requires a. ready money to be paid for the land ; now these bonds are hot ready money, but they may and must be converted into this. Practically, no money need pass. The colonial 'trea- surer would send his note, receipt, or whatever it may be, to the resident commissioner, not in a negotiable form, but as a mere voucher, acknowledging to hold so miichmoAey to the credit of the commissioner, so as to prevent any other application of th& money by the bondholder than for payment of lands. These operations will render it more necessary to have a perfect form of bobk-keeping in the colony; and it would also be necessaiy to determine generally if the interest on the bonds should be paid in the colony; for the notice being an invitation to parties to send out their bonds, they may expect the current interest to be paid to them till it is conveni- ent to them to apply the principal : this I think would be attended with some risk. I am, &c., ' ' '. (signed) Jas. Freghfield, Jun. R. Torrens, Esq. New Bank Buildings, 7 May 1840. My dear Sir, I ENCLOSE you the form of a colonial revenue security, applicable to the purchase of land, I have left it in ink, in the form substantially in which it was sent to me, but I think it would be better as altered in pencil, omitting the option clause in the bond, arid putting it in a memorandum at foot. Besides freeing the transaction from some questions, I think it more simple and comprehensible. I am, &c. (signed) Jas. Freshfield, Jun. Col. Torrens, &c. &c. &c. South Australia Colonial Revenue Security, 4 & 5 WiUiam 4, c. 95. — 1 & 2 Victoria, c. ,60. No. _ £.80, We, the undersigned Colonization Commissioners for South AustraHa, by virtue and in execution of the powers contained in an Act made and passed in the fifth year of the reio-a of King William 4, intituled, " An Act to empower His Majesty to erect South Australia into a British Province or Provinces, and to provide for the Colonization and Government thereof," and in another Act passed in the second year of the reign of Her present Majesty, for amending the last-mentioned Act, do hereby declare that the holder of this South Aiis- tralia Colonial Revenue Security is entitled to be paid from and out of the ordinary revenue, or produceof all the rates, duties and taxes to be levied and collected within the province of South Aiistralia, the sum of 80 1. of lawful money of Great Britain and Ir^eland, together with interest for the same at the rate of per centum per annum from the date hereof, payable by equal half yearly payments on the ] 5th day of and the 15th day m each year, for which payment to be well and faithfully made, we bind and charge the whole of the said revenue, rates, duties and taxes : provided always, and it is hereby declared, that in case the said Commissioners shall at any time give notice in the London Gazette that they are prepared to pay off this security, all interest shall cease at the expiration of six months next after the mention of such notice. In witness whereof we have hereunto set our hands and seals the day of one thousand eight hundred and Signed and sealed in"! the presence of J The holder hereof may have the amount of this bond applied at any time in purchase of land Irom the Commissioners in London, or their resident Commissioner in the colony. If he shall desire to complete the transaction in the colony, he must first produce the bond at the otface of the Commissioners in London, to be endorsed for the purpose. Memorandum to be endorsed upon the Bond, should the holder be desirous of having for^S"" "" ""^ ^°^ *° Resident Commissioner, as his, the holder's, nibnef To the Colonial Treasurer of South AustraUa, On the surrender of this security to be cancelled, please to pay out of the revenues of South StSifr'P"' "°rr, 'T'i *^"^'J '" '^^ Resident' Laid CommSioner Tn ,1onpr, nnH «kn ^Tl'i^ ^ u "V° ^e purchased by the holder hereof of the Commit sioners; and also pay to the holder hereof the interest due thereon from to the surrender hereof, ' SELECT COMMITTEE ON SOUTH AUSTRALIA. 22.5 — (No. 3.) — South Austualia Colonial Revenue Security. 4 &. 5 "William 4, c. 95. — l & 2 Victoria, c. 60. No. Eighty Pounds. (80 L) We the undersigned Colonization Commissioners for South Australia, by virtue and in execution of the powers contained in an Act made and passed in the fifth year of the reign of King William 4, intituled, " An Act to empower His Majesty to erect'South Austraha into a British Province or Provinces, and to provide for the Colonization and Government thereof," and in another Act passed in the second year of the reign of Her present Ma- jesty, for amending the last-mentioned Act, do hereby declare that the holder of this South Austraha Colonial Revenue Security is entitled to be paid, from and out of the ordinary revenue or produce of all the rates, duties and taxes to be levied and collected within the province of South Australia, the sum of 80 I. of lawful money of Great Britain and Ire- land, together wiih interest for the same, at the rate of per centum per annum from the date hereof, payable by equal half yearly payments on the 15th day of and the 15th day of in each year; for which payment to be well and faith- fully made, we bind and charge the whole of the said revenue, rates, duties and taxes : provided always, and it is hereby declared, that in case the said Commissioners shall at any time give notice in the London Gazette that they are prepared to pay off this security, all interest shall cease at the expiration of six months next after the mention of Such notice. In witness whereof we have hereunto set our hands and seals the day of one thousand eight hundred and Signed and sealed in"! the presence of J The holder hereof may have the amount of this bond applied at any time in purchase of land from the Commissioners in London, or their resident commissioner in the colony. If he shall desire to complete the transaction in the colony, he must first produce the bond at the office of the Commissioners in London, to be endorsed for the purpose. (No. 30 . South Australia Colonial Revenue Security. Memokandum to be endorsed upon the Bond, should the holder be desirous of having the amount paid in the colony to the Resident Commissioner as his, the holder's, money for land. To the Colonial Treasurer of South Australia. On the surrender of this security to be cancelled, please to pay out of the revenues 'of the colony the principal moneys secured thereby to the Resident Land Commissioner in South Australia, on account of land to be purchased by the holder hereof of the Commissioners, and also pay to the holder hereof the interest due thereon, from to the surrender hereof. — (No, 4.) — Extract from Professional Bill of Mr. FresJtfield, delivered to the Commissioners:— ^^^ 1840. Bill February 21. — Attending Colonel Torrens on questions arising in refer- £. s. d. ence to the issuing revenue securities here, which should be received by the Resident Commissioner in South Australia, with the interest, as cash, in the payment of public land, and conferring thereon at length - - - 13 4 March 14. — Having received a letter from Colonel Torrens, making further suggestions on tjhe issuing revenue securities, perusing the Act of Parha- ment, and writing to him an opinion in reply - -- - - --15 April 33. — Attending Colonel Torrens a considerable time on the proposed form of bond, and the alterations required, when he handed us the draft, and requested us to revise the same - - - - - - --134 April 30. — Attending at Park-street, Scotland-yard, and the Adelphi, for in formation, to enable us to settle the draft bond - - - - --134 April 30. — Perusing the draft bond - - - - - - - --13 4 May 4 . — Fair copy bond, showing the alterations in red ink - . - - ]VIay 4. — Writing to Colonel Torrens on the objections to the form of bond - May 5.— Attending Colonel Torrens; discussing at great length the objections attending the present form of bond .-._--- May 5. — Reperusing and altering the draft bond accordingly _ _ - May 7. — Making fair copy of draft to send to Colonel Torrens - - - May 7. — ^Writing to him therewith -__.---- May 7. — Letters, &c. ..-_-_.--- 0.21. // (No. 4.) Freshfield's 13 13 6 5 13 10 3 5 5 226 APPENDIX TO REPORT FROM THE — (No. 6.) — Mem^LiL. MEMORANDUM. " '■ • ■ Description of the country in such districts of the province of South Austraha as have hitherto been explored north and west of the peninsula bounded by Gulf St. Vincent and the Murray, being taken from despatches of Colonel Gawler, or from enclosures which he requests may be considered as ofBcial. By Order of the Board, S. Walcott, Secretary. 9, Park-street, Westminster, i8 March 1841. Extract of a Despatch from Colonel Gawler to the Colonization Commissioners for South Australia, dated 19 October 1839. Mr. Eyre left Port Lincoln for the northwestward on the 5th August. I had arranged to send a small vessel to meet him at Streaky Bay on the 15th September, with provisions and other necessaries ; the one however which I engaged became very leaky just as she was to sail, and I hired a smaller one, which is still absent. Mr. Eyre reached Cape Bauer much before the appointed time ; the scrub there became so thick, that he left his horsfe team and rode on to. Point Bell. On the 18th September, the small vessel not having arrived, he took the enterprising resolution of going directly across from Cape Bauer to the head of Spenser's Gulf. He reached this last point, then pene- trated 100 miles to the northward along the western side of the Fhnders range, and then returned in a nearly direct course to Adelaide, which he reached on Tuesday last the 15th instant. His journey has decided the question of the character of the peninsula, of which Port Lincoln is the extremity, and a line frcim Streaky Bay to the head of Spenser's Gulf the northern boundary. This country is decidedly worthless; there may be small verdant patches* within it, but they must really be small, and the supply 'of water everywhere is most indiflFerent. The country is low, with some projecting mounds and undulations ; no rivers, streams, or chains of ponds, in fact nothing worth the title of a drainage ; very few trees, the land everywhere scrubby and stony. A chain of mountains about 2,000 feet high runs along the northern boundary line, -of a red amygdaloid or porphyry, bare and without ^ a tree ; from this the view to the southward was extensive, and nothing seen to encourage expectation ; to the northward there was no view. The harbours of Streaky and Denial Bays excellent, but no river. According to the infor- mation I have received, there cannot be a river of any size between Cape Bell and the western boundary of the province. The return of the small vessel will, however, probably fully decide this question, as Mr. Cannon was ordere4 to sound and examine thoroughly Streaky, Denial, and Fowler's Bays, as Well as the coast between them, as far as it might be possible. Extract from Enclosure to Colonel Gawler's Despatch to the Colonization Commissioners for South Austraha, dated 11 January i840-=^(Nt). 4, Surveys.) — containing an Account of Mr. Cannon's (one of the Assistant Surveyors) Voyage to Cape Bauer with provisions for Mr. Eyre, and to survey the Western portion of the Province as far as Denial Bay. On landing on the 8th in Denial Bay, I again found Mr. Eyre's track, but which did not appear even so frfesh as that at Streaky Bay. Here three natives came up to us ; they ap- peared quite friendly, and informed us by signs that Mr. Eyre had gone in a westerly aifec tio'n from the bay for some distance, and had then returned along the coast to the eastward. Being now pretty Certain that that gentleman had abandoned this part of the coast altogetlier, from the barrenness of the gwund affording him no feed for his horses and the searfcity of water, from no answer ever having been made to our constant signals of guns and biiue lights along the tdast, and from the accounts of the natives, of whom we afterwards saw about 15, agreeing with the appearance of Mr. Eyre's track, I thought it better to psoeeed to Fowler's Bay than to remain on such an inhospitable shore any longer. But having only three gallons of water, we were detained several days before we could obtain a suppty, wliich- wegot at last by digging in the sand on the soutJh side of the inlet laid down in the French Chart,' close to the shore of the ocean. After having examined the inlet, and ascertained that no fresh-water rivfer emptied itself into the bay, I sailed for FO'wler's Bay on the 17th, and came to an ainchor there next day, but could not laiid on account of the heavy surf o-n the beach. On the 19th I got onshore, and walked inland about 10 miles, retrnmino' bythe shore from Nuyt's Reefs. The land was rising to the north, and here, for the firet time along this coast, it took the appearance of a range of hills, which, though of a considerable elevation, were 6f much too gentle declivity to throw off surface water. I was very anxious to have penetrated some distance into the interior, but the risk of laying in so open a bay with * The largest of these known is about Port Lincoln, extending from it to the northward and westward. SELECT COMMITTEE ON SOUTH AUSTRALIA. 227 ^yith a vessel not heavily found in grouud tackling was too great at this season to allow (No. 5.) time for any extensiw examination of the country. As far as 1 saw, it still maintained the Memoranduip, same character as at Streaky Bay and Denial Bay, firm sand, with occasional flat limestone - rock, the low country covered with a thick scrub, and the rising ground with tea tree, or stunted eucalypti, with patches of coarse wiry grass interspersed with a little sweet grass. Between some drift sand-hills about a quarter of a mile from the bottom of the bay, we found fresh water by scratching a hole with our hands about a foot deep, and from the greenness and strength of the rushes growing around, 1 should think a supply might be obtamed throughout the dry season, though not at so accessible a depth. You will perceive by the chart that Streaky Bay contains an excellent harbour ; tha,t Denial Bay affords many places of secure shelter, and that part of Smoky Bay is deep and completely landlocked. Notwithstanding these advantages, I consider this part of the province, from the barrenness of the land and the scarcity of fresh water, to be totally unavailable for any other purpose than that of whaling, for which, as far as I am able to judge, it seems peculiarly well adapted, and I regret that though I have examined the coast further west than those parties who preceded me from Adelaide, I cannot add a single word that would alter their unfavourable description of the country. Extracts from Enclosure to Colonel Gawler's Despatch (No. 2, Land), dated 8 January 1840, to the Colonization Commissioners for South Australia. The boats having fairly entered the river (the Murray), were favoured in their progress upwards by the prevailing winds of the season. Their progress was however slow, and it was not until the 10th December that they reached the Elbow. The weather to that date was favourable and cool, and it was impossible to navigate such a river wit;ho«t grati- fication, mingled with regret that so splendid a stream should water a country so limited in soil and fertility. SF * nF * * The Governor occasionally left the boat and rode on the river flats or along the cliff's, and on these occasions he bad ihe best opportunity to see and examine the country, and we only regret that he saw nothing to alter the opinion oF the sterile character of the back country. ****** The party left the camp on Wednesday, the 11th, at ten o'clock a. m., and after gaining the upper level of the fossil formation, proceeded into the interior on a N. W. course, which threw them about seven degrees to the eastward of that point. At about five miles the Governor and Captain Sturt ascended a small sandy range bearing N.N. E. from which they had sight of a lofty hill bearing 306° from north. It appeared to be from 30 to ^o miles distant, and to belong to a considerable range. Its appearance did not induce any change in the original course. Descending from the hill to the party, it crossed a suc- cession of plains with stunted trees scattered in patches over them. There was a good deal of grass on some of the plains, but their general character was sandy, and the pro- ductions of a salsolaceous nature. At 18 miles from the camp the party stopped to lunch. The course was then altered a little to' the westward, so that at the place at which they stopped for the night, about 32 miles from the river," the mountain they had seen from the hill bore 292° from north. ****** On the morning of the 1 2th the party started on a course 315° from north, over the same description of apparently interminable plains, keeping the mountain, to which his Excel- lency had given the name of Mount Bryan, a little to the left. At one the party stopped for an hour. Several lofty peaks of remarkable outline having shown themselves in the northern horizon, now appearing to belong to main ranges towards which the party was moving, the course was changed a degree or two to the westward, but it was afterwards altered to the original one, -315°. The Governor had directed Mr. Inman to move on to a dark brown hill, considerably nearer than the main ranges. From the ground on which his Excellency was moving, the fall of water or the drainage of the plains appeared to be to the N. W.; the land seemed to dip to the mountains, and there was seemingly a valley at their base with a gradual descent, and lofty gum trees apparently growing in it. These evi- dences of an approach to a favourable change; the assistant commissioner attributed to refraction, so strong and so singular in its effect in Australia, as very often to deceive the most experienced. Whilst the party was traversing the plain slowly, the Governor rode to the summit of a small range, a little to the westward of the hill on which he had directed Mr. Inman to move; there the illusion was at once dissipated ; he had ascended above the influence of the mirage, and the landscape was before him without any false colouring; that which he had taken for lofty trees was a dark mountain, and hills which had appeared at an attainable distance were thrown back into their true places, and the level and unaltered plains seemed to extend to the base of the hills without a promise of water in any direction. 0.21. // 2 228 APPENDIX TO REPORT FROM THE Memorandum Extract from Notes on the Geological Formation of the Country bordering Lake Alexan- ■ drina and the Murray, by his Excellency Governor Gawler, enclosed in his Despatch (No. 2, Land), 8 Janufiry 1840. North of the Great Bend the brush almost disappears, and the open ground spreads, out into enormous plains, from 65 to 80 miles in length from north to south, and to the east- ward extending to the limits of vision. If water could be procured, these plains and th mountains which bound them would be good sheep pastures. 8. The most remarkable feature of the surface of the great fossil formation is its want of watercourses and water. Along the immediate banks of the Murray, water has worked out deep gullies, but these are very short; generally the rain appears to lodge on its surface in very numerous shallow patches, and to be carried off by evaporation. 9. It would appear very practicable to construct tanks, at least near the bases of the mountains, to retain water, and render the sheep pastures available. Copy of Enclosure to Colonel Gawler's Despatch (No. 45, Survey,) addressed to the Colonization Commissioners for South Austraha, and dated 8 August 1840. Depot, near Moant Arden, Sir, 22 July 1840. I HAVE the honour to acquaint you, for the information of his Excellency the Gover- nor, and of the colonists interested in the northern expedition, of the progress made up to- the present date. I arrived here with my party all well on the 3d July instant, and on the 6th I proceeded, accompanied by one of my native boys, on horseback, to reconnoitre Lake Torrens and the country to the north of the dep6t, leaving the party in camp to rest the horses and enable- the overseer to get up, from the head of Spenser's Gulf, the supphes kindly sent by his. excellency the Governor in the Waterwitch, her arrival having been signalized the evening .previous to my leaving. I arrived on the shores of Lake Torrens the third day after leaving the dep6t, and have ascertained that it is a basin of considerable magnitude, extending certainly over a space varying in width from 15 to 20 miles, and with a length of from 40 to 50, from its southern extremity to the most northernly pa!rt of it, visible from a high summit in Flinders range (about 90 miles north of Mount Arden).. The lake is girded with an outer ridge of sand, covered with salsolaceous plants, and with saline crusts appearing above the ground at intervals.. Its waters extend over a considerar ble surface, but they are apparently shallow. I could not approach the water, from the soft nature of that part of its bed, which is uncovered, and which reached from three to four miles from the outer bank to the water's edge. There can be no doubt, however, of its being very salt, as the portion of its bed which lay exposed to our view was thickly coated with pungent particles of salt. There were not any trees or shrubs of any kind near the lake where we made it, nor could either grass or fresh water be procured for our horses. . Lake Torrens is bounded on its western side by high land, apparently a continuatioaof the table land to the westward of the head of Spencer's Gulf. I should think that it must receive a considerable drainage from that quarter as well as the whole of the waters falling from FUnders range to the eastward. From the very inhospitable nature of the country around the lake, I could not examine it so carefully or so extensively as I could have wished. My time, too, being very limited, made me hurry away to the northward, to search for a place to which I might bring on, my party, as the grass in the neighbourhood of the depot is very old, and much less abundant than in either of my former visits there. It became, therefore, imperative on me to remove the horses as speedily as possible. Should circumstances permit, 1 shall, however, endea- vour to visit Lake Torrens again on my return from the northern interior. After leaving the lake I spent many days in examining the country to the northward of our depot. Its character seemed to vary but little; barren sandy plains still formed the lower level, and the hills constituting the continuation of Flinders range were still composed of quartz and ironstone; they are, however, gradually becoming less elevated and more detached, with intervals of stony vallies between, and the whole country was, if possible, assuming a more . barren aspect, while the springs, which had been heretofore numerous among the hills,, were very few in number, difficult to find, and very far in amongst the hills. After a most anxious and laborious search I at last succeeded in finding a place about 90 miles (of lati- tude) north of Mount Arden, to which I can remove my depot, and from which I can again penetrate more to the northward. After an absence of sixteen days I rejoined my party under Mount Arden on the evening of the 2ist Jiily, and found they had safely received all the supplies sent for our use by the Waterwitch. The latter has been detained until my return, for despatches, which I shall send down to-morrow, and on the 24th I intend to move on with my party to the new dep6t. I regret it is not in my power to afford more certain information as to the future SELECT COMMITTED ON SOUTH AUSTRALIA. 229 future prospects of the expedition, but where so little alteration had taken place in the features of the country I had been examining, conjectures alone can anticipate what may be beyond. From the very difficult nature of the country we are advancing into, our further progress must necessarily be very slow for some time, but I still hope that by patience and perseverance we shall ultimately succeed in accomplishing the object of the expedition. I have, &c. (signed) Edward John Eyre. To the Chairman of the Committee of Colonists for promoting the Northern Expedition. (No. 5.) Memorandum. Paper, No. 15. Despatches addressed to and received from His Excellency Colonel Gawler,. Resident Commissioner in South Australia, on Subjects connected with Finance, during the Years 1838, 1839, 1840. SCHEDULE. NO. 3 4 5 6 7 8 9 lo 11 12 13 15 16 17 18 19 i20 21 32 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Commissioners Ditto - Ditto - Ditto - Colonel Torrens Colonel Gawler Ditto - Commissioners Ditto - Colonel Gawler Ditto - Commissioners Ditto - Colonel Gawler Commissioners Colonel Gawler Commissioners Colonel Gawler Ditto - Commissioners Colonel Gawler Commissioners Colonel Gawler Commissioners Colonel Gawler Ditto - Commissioners Colonel Gawler Ditto - Colonel Gawler Commissioners Ditto - Ditto - Colonel Gawler Ditto - Commissioners Colonel Gawler Ditto - DATE, ^3 May 10 Oct. 4 Aug. 26 Oct. 23 May 30 Oct. 30 Oct. 23 May 1 4 Nov. 26 Nov. 1840 1839 1840 1839 1840 1839 '839 1840 1839 1839 9 Nov. 1838 23 Nov. 1838 - 29 Oct. 1838 - 26 Oct. 1838 - 27 Oct. 1838 - 31 May 1839 - 31 May 1839 - 5 Dec. I'SsS - 2 Feb. 1839 - 2 Aug. 1839 - 2 Aug. 1839 8 April 1839 - 15 Nov. 1839 - 8 April 1839 - 15 Nov. 1839 - 18 July 1839 - 23 Aug. 1839 - SUBJECT. 3 Feb. 1840 8 July 1840 - 24 Aug, 1840 - 14 Sept. 1840 - 21 March 1840 4 April 1840 - 25 Nov. 1840 - 20 Aug. 1840 - 24 Nov. 1840 - No. No. No. No. No. No. No. No. No. 07. M. 93- 15- 94. - - Memorandum. — Appointment of Colonel Gawler, and of his arrival in the colony. - - Financial instructions to Resident Commis- sioner, with schedule of authorized establish- ment in South Australia. Financial instructions to qolonial treasurer. Instructions to auditor-general. Memorandum. — Park lands. - No. 74. Finance. — Emergency credit. — (Two' Enclosures.) No. 7. Miscellaneous. — (Extract.) No. 8. Finance. — (Extract.) No. 43. Miscellaneous. — (Extract.) 46. Finance. — (Extract.) 10. Finance. — (Extract.) 8. Finance. — (Extract.) 64. Miscellaneous. — (Extract.) Finance. — (Extract.) Finance. — (Extract : one Enclosure,), Finance. — (Extract.) Finance. — (Extract.) Finance. Memorandum. — Purchase of Flour, 3,000/., No. 25. Finance. — (Extract.) No. 27. Finance. — -(Extract.) Memorandum Lands and surveyors. No. 27. Land-surveys. — (Extract.) No. 35. Finance ^(Extract.) No. 52. Finance. No. 43. Land-surveys. — (Two Enclosures.)- No. 28. Land and surveys. No. 46 A. Finance. No. 46 B. Finance. — (Extract.) No. 37. Finance. No. 47. Miscellaneous. — (Extract.) Enclosure in No. 50. — Half yearly Report. - - Memorandum.— £.15,000 loan from South; Australian Company. No. 10. Finance. — (Extract.) - - Memorandum.^r-Colonel Gawler's vindica?, tion of expenditure. Separate finance. No. 58. Finance. No. .59. Finance. No. 26. Miscellaneous. — (Extract.) No. 27. Finance. — (One Enclosure.) No. 72. Finance. No. 47. Finance. No, 54. Finance. 0.21. //3 230 APPENDIX TO REPORT FROM THE (No. 1 .) Memorandum. — (No. 1.) — MEMORANDUM. CotoNEii Gawler was appointed Resident Commissioner in South Australia, of which he was likewise Governor, upon the 25th of May 1838. He reported his arrival in the colony on the 13th of October 1838. (No. 2.) Instructions to Resident Commis- sioner. — (No. 2.) — iNSTnucTioNS to the Resident Commissioner of South Australia, in regard to the Receipt and Expenditure of the Public Money. 1. You will direct your earliest attention to the security and safe custody of the public treasure, and, after consultation with the treasurer and the auditor-general, you will sanction such regulations as may appear to you best adapted for that important object, and also for the preservation of all official books and documents. « 2. All money raised in the colony under the provisions of the 4 & 5 Will. 4, c. 95,. and 1 & 2 Vict. c. 60, and all public money of every description, must be forthwith paid, with- out any deduction, to the colonial treasurer. 3. The Colonization Commissioners have opened with the South Australian Company an account at their bank in-South Australia, under the title of " Emigration Fund Account," to the credit of which the colonial treasurer must forthwith pay, in the name of the Colonization Commissioners, all money received from the sale of land, and rent of pasturage in the colony, and from sales of stores consigned by, or purchased on account of, the Colonization Commissioners for sale in the colony; such payments to be withdrawn as hereinafter provided. 4. Schedules are delivered herewith of the establishment and appointments in South Australia, as fixed by the Colonization Commissioners, and approved by the Lords Commis- sioners of the Treasury. 5. You are strictly prohibited from making any new appointment, or increasing the salary of any officer specified in those schedules, without the previous authority of the Colonization Commissioners, sanctioned by the Lords Commissioners of the Treasury. 6. You will be held responsible for any departure from this regulation. 7. The colonial treasurer has been instructed to make no payment of any kind, even for salaries fixed by the Colonization Commissioners, and approved by tlie Lords Commis- sioners of the Treasury, without a warrant or order in writing signed by you, specifyino- the nature of the account, and the date and number of the document by which the Colonization Commissioners authorized the same. 8. Before ord authority, except in cases of the most pressing emergency, when such previous authority cannot be obtained without serious injury to the public service. In every such case you will make a full report of all the circumstances to the Colonization Comm'issioners ; and the date and number of such communication are to be specified in the warrants for payment. 10. All Government works are to be executed by contract, if possible. 11. You are not, under any circumstances, to grant or allow any loan of public money or public stores. 12. You will, at least twice in every year, at uncertain times, direct tvjro of the principal officers under your authority to examine the actual state of the treasurer's funds, and the contents of the colonial chests, to compare the same with the books, and to report to you the result of their investigation, stating the particulars of the balances counted by them ; such exammation to be m concert with the treasurer, if possible. Certified copies of such reports must accompany the accounts next transmitted to" this country. Tj V«,, „„« ;„ „„ ^r _ ii_ •■ . 1 ■'_ 13. You are m no case, of your own authority, to order payment of more than half salary ^ person holding an office " pro tempore," in the absence of the party .duly appointed to such office ; nor m the case of the dearth or resignation of any person duly appomted, unless It be found impossible otherwise to procure a fit person to perform the duty of the principal. 14. You will furnish the auditor-general with copies of all general regulations and orders relating to the finances and accounts of the colony, to assist him in the performance of his duty; and you will give directions to the heads of the sevei-al departments, that be may have access at all times to the official books and documents from which the information he SELECT COMMITTEE ON SOUTH AUSTRALIA. 231 he may require in examining and reporting upon the various accounts submitted or to be (No. a.) submitted to him may be obtained. InstructiQns to 15. If it should appear that there is a default on the part of any person entrusted with Resident Commis- the public money or stores in paying over or accounting for the same, you will take the sioner. necessary steps, without delay, for recovering or securing the amount of such default. •- 16. Except in the cases specially provided for in the Act of the 4 & 5 Will. 4, c. 95, you are not, without previous authority from this country, to alienate any property which is or may be appropriated as belonging to the Crown. 17. You are not to raise money in aid of the colonial revenue, either by way of loan, or by the issue of a paper currency of any description. 18. When the balance in hand upon the Revenue Fund is not sufficient to pay accounts which are fully due, and which you deem it necessary to pay, you will state to the Governor in Council the sum you require, the account for which you require it, the balance in hand upon the Revenue Fund, and the balance in the South Australian Company's bank upon the Emigration Fund, and you will then apply for authority to draw upon the Emigration Fund in the South Australian Company's bank ; and (should that fund be insufficient for the sum required) also to draw a bill or bills of exchange upon the Colonization Com- missioners ; but the total amount of the sum or sums received from the Emigration Fund, and also of the said bill or bills together, must not exceed the sum of two thousand five hundred pounds (2,500 1.) during each three months, ending 31st March, 30th June, 30th September and 31st December in each year. Upon obtaining the authority of the Governor in Council, you will, in conformity therewith, issue your warrant to the South. Australian Company's bank, payable only to the colonial treasurer, for the sum which is allowed to be received from the Emigration Fund ; and should you be authori^d to draw a bill or bills of exchange upon the Colonization Commissioners, you will issue your war- rant accordingly, and will cause the said bill or bills to be drawn in full conformity with the instructions given by the Colonization Commissioners to the colonial treasurer. The Order of Council you will transmit to the treasurer, with your warrant. 19. For all monies received from the Emigration Fund in aid of the Revenue Fund, you will cause to be kept a distinct account, under the title of the " Emigration Fund Loan." 20. Although, in order to provide against difficulties which may arise from unforeseen circumstances, the aforesaid amount of two thousand five hundred pounds (2,500 Z.) has been made to exceed the total of the fixed expenses, you will distinctly understand tixat the right to exceed that expenditure is not thereby in any degree extended. 21. From time to time the Colonization Commissioners will revise and reduce the aforesaid amount of 2,500 Z. 22. The Commissioners have appointed the South Australian Company and the Austral- asian Banking Company agents for negotiating their bills. They have also appointed,, for the same purpose, Messrs. Montefiore, Breillat & Co., of Sydney, and Messrs. Montefiore, Furtado & Co., of Hobart Town. These parties have been respectively informed, that the Commissioners will guarantee each to the extent of 3,000 Z. per annum, but that no bills will be accepted unless drawn in exact conformity with the instructions which have been given. The aggregate amount guaranteed ha« been made to exceed the authorized drafts, in order to prevent your being too much restricted to any one agency. 23. You will report specially to Her Majesty's Secretary of State for the Colonies, for the information of the Lords Commissioners of the Treasury, all cases which may come to your knowledge of any property having aiccrued to Her Majesty, or of any sums having been payable on account of the Queen's casual revenue, such as droits, escheats, &c. 24. In all such cases the proceeds must be received by the colonial treasurer, and accounted for in his public accounts, and ac^usted between the Colonization Commissioners and the Government in England, unless Her Majesty's Government order otherwise. 25. The colonial treasurer is required by his instructions to keep two separate accounts, viz. An Emigration Fund account of monies received from sale of land and rent of pas- turage in the colony, and from sales of stores consigned by or purchased on account of the Colonization Commissioners for sale in the colony, such fund being applicable solely to the purposes of emigration ; and, An account of all other monies, such as proceeds of bills upon^ngland, consignments of specie, proceeds of sales, colonial revenue, droits, escheats, &c. and all public monies derived from every source not otherwise directed. 26. You will take care not to grant your wairrant Tor payment, except for the bona fide purposes indicated in the Act, inasmuch as you will be personally liable for every sum not sq applied. 27. You are to exercise a vigilant superintendence and control over the accounts of the treasurer, collector of revenue and accountant-general (which appointments are united in the same person), as \*ell as over all colonial officers in any- way concerned in the receipt or custody of the public money ; and you are to take all necessary measures for enforcing a strict observance of their respective duties, particularly for ensuring regularity in the making up of the public accounts, in the prompt examination of them by the auditor-general, and their early transmission to this country for final audit. 28. You will cause each public office to be supplied with official books belonging to the Colonization Commissioners, and therein to be regularly kept in each office records of its proceedings. 0.21, //4 ^ 29. All 23!i APPENDIX TO REPOUT FROM THE (No. 2.) Instructions to Resident Commis- siouer. 29. All letters and reports are to be consecutively numbered, and such number to be stated when reference is made to any previous communication. 30. You will cause all accepted tenders, accounts, receipts and vouchers to be delivered in triplicate, and one copy thereof to be preserved in the office of the auditor-general, so that upon sending duplicates to England you will have evidence of the account and of pay- ment remaining in the colony. 31. Before the expiration of the months of January and July in each year you will apply to the Governor-to submit to his Council Revenue Fund estimates of the whole revenue and expenditure which he may deem necessary for the six months, commencing from the 1st of January or 1st of July next ensuing, as the case may be, so that such estimates may be despatched for England before the end of the next following month ; and whilst the revenue is inadequate to the expenditure, the estimate should be accompanied by a formal request to the Colonization Commissioners that they will provide funds for the deficiency. 32. The estimates should contain, systematically arranged under various heads : Expenditure which has been authorized. Expenditure which is required in addition thereto. Revenue derivable from established taxation. Taxes which it may be necessary to levy. 33. According to the printed " Rules and Regulations" issued from the Colonial-office for, the information and guidance of the principal officers and others in Her Majesty's colonial possessions, if the aforesaid estimates meet with the concurrence of the majority of the Council, they will be passed in the form of an ordinance, and be by the Governor transmitted to this country at the earliest opportunity, to be' sanctioned or amended as may appear neces- sary for the public service. 34. If the estimates contain money to be paid on account of work then in progress, there should be sent a statement of the sums already paid upon the said work, and the sumwhichi will be required to complete it ; and also the date and number of the document which autho- rized it. 35. When this estimate shall have been passed by the Council, and sanctioned or amended by the authorities in England, the expenditure of the six months to which it refers must be held to be definitively limited and arranged, and no authority must be solicited for any further disbursements on account of the service of that period, unless arising from circum- stances of unforeseen emergency. Under such circumstances, the proper course will be to submit to the Legislative Council, in the first instance, a , supplementary estimate of the expenditure required, and unless the circumstances be such as to forbid the delay of a reference to this country, the same course will be pursued with the supplementary estimate as has been prescribed in respect of the original one. 36. You will cause these instructions to be recorded in the auditor-general's office. Given at London, this 9th day of November 1838. By order of the Board. (signed) John Gliddon, (signed) Rob. Torrens. Samuel Mills. Josiah Roberts. Assistant Secretary. (L. s.) Enclosure in No. 2. Enclosure in No« 2. AUTHOEizED Establishment in South Australia, enclosed in Instructions to Resident Commissioner and Colonial Treasurer, dated 9 November 1838. the SALAEV. OFFICE. NAME. ' PER ANNUM. £. S. d. Governor and Colonial Commissioner - Lieut.-col. Geo. Gawler 800 ^ _ Secretary to Governor and Clerk of Council - - - - Lieutenant Hall - 200 _ _ Assistant Commissioner and Registrar - 400 _ — Clerk to ditto Captain Berkeley 80 - - Judge ----__ Charles Cooper, esq. - 500 - -■ Colonial Secretary - - _ _ Robert Gouger, esq. - 400 - - Clerk to ditto - . - _ _ 60 — - Colonial Treasurer, Collector of Reve- nue, and Accountant-general - Osmond Gilles, esq. - 300 - - Clerk to ditto J.W. Fincke - 60 — - Advocate-general and Crown Solicitor - , Charles Mann, esq. 300 — — SELECT COMMITTEE ON SOUTH AUSTRALIA. 233 OFFICE. Emigration Agent - - _ Naval Officer and Harbour-master Auditors (alternate years) - Chaplain - - - - - Surgeon - - - - _ Storekeeper - - - _ Clerk to ditto - - - . Protector of the Aborigines Surveyor-general - - _ Deputy Surveyor _ - _ Assistant Surveyors Junior Assistant Surveyors NAMK. John Brown, esq. Captain Lipson, e. n. - John Morphett, esq. - Robert Todd, esq. Rev. T. B. Howard - Thos. Young Cotter, esq. Thomas Gilbert, esq. - Thomas Rogers - Colonel William Light - G. S. Kingston, esq. - B. T. Finnis Jacob Symonds Neale G. O. Ormsby - PuUen J. R. Nixon J. B. Winter J. M'Laren John Cannan Alfred Hardy SAIAEY, PEE ANNUM. f. S. d. 250 - - 200 - - llOO - - J 250 - - 100 - - 100 - - 50 - - 250 - - 400 - - 200 - - (No. 2.) Instructions to Resident Commis- sioner. Enclosure in No. 2. 120 - 150 - 180 - 50 50 -the 1st year, - the 2d year, and - the 3d year. N.B. — Colonel Light has been instructed to- select two of the above Assistant or Junior Assistant Surveyors, and to remove them from office, thus reducing the number by two. Surveyors' Labourers . _ _ Officers of the Rapid, not included among the Surveyors : Commander _ _ _ _ 1st Officer - - - - - 2d ditto - - - . - Surgeon _ - - - - Carpenter - - - - - Steward - - - - - Cook 6 Seamen - - - - - 1 ditto _ - - - - 1 Apprentice for four years - Superintendent of Police - - - Inspector ------ Sab-inspector - - - - - 33 men, each Lieut. W. G. Field Alfred Barker Joseph Child Charles Mitchell - James Freemantle Angus Duncan - Nimrod Lambert - Edward Gandy James Stuart William Baker Ashton - 12 per week. 10 - - per month. 5 - - ditto. 3 10 - ditto. 5 5 - ditto. 5 - - ditto. 3 10 - ditto. 3 - - ditto. 3 - -ditto (each). 2 - - ditto. 5 - - 1st year, to be advanced 1 1, p' ann. 200 - - per annum. 150 - - ditto. 125 - - ditto. The Total Amount of the foregoing Schedule, per annum Of which the following sums are payable in England, viz. On account of Colonel Light, per annum - - £. 200 - - Ditto - - Mrs. PuUen - - - - 25 - - Ditto - - Seamen of the Rapid, as per state- ment of payments in letter. No. 29 - - 126 10 - The sum payable in the Colony this year is about £. s. d. 8,322 12 - 351 10 - 7,971 2 - When an officer receives an allowance for passage to the colony, his salary commences on his arrival here. When he has no such allowance, he is entitled to halt-pay during the voyage. 0.21. Sff Any 234 APPENDIX TO REPORT FROM THE (No. 2.) Any officer who may be appointed pro tempore,, must receive half salary only until his Instructions to appoiritment shall be confirmed in England, when he will become eiititled to full salary Resident Commis- from the date of his first appointment, sioner. Given at London, the 9th day of November 1838. Enclosure in No, 2. By order of the Board, (signed) John Gliddon, Assistant Secretary. (signed) Robert Torrens. Josiah Roberts. James Pennington. — (No. 3.) — ' (No. 3-) f[nstructions to Instructions to the Colonial Teeasurer of South Australia, in regard to the Receipt Colonial Treasurer. and Expenditure of the Public Money. ' 1. Under the provisions of the 4 & 5 Will. 4, c. 95, all monies under the control of the 'Colonization Commissioners for South Australia are to be received and paid by their trea- surer. 2. You will accordingly take chai'ge of all such monies in the colony, and you will be personally responsible for the same. Your accounts will be audited by the Commissioners for auditing the Public Accounts. 3. On your arrival in the colony, your earliest attention will be directed, under the sanction of the Resident Commissioner, to the safe custody and security of the public treasure. 4. You will be supplied with account books and other necessary official books, which you will cause to be duly preserved, and you will take care that all your money transactions are regularly and methodically entered therein. 5. You are to keep two distinct accounts ; viz. An emigration fund account, arising from the sales of land and rent of pasturage in the colony, and also from sales of stores consigned by or purchased on account of the Coloniza- tion Commissioners for sale in the colony ; and An account of all other monies received and expended in the colony, which are not applicable to the purposes of emigration. 6. All money received from the sale of land and rent of pasturage in the colony, and from the sale of stores consigned by or purchased on account of the Coloniz,ation Com- missioners, for sale in the colony, must be by. you forthwith paid to the South Australian Company's Bank, to the credit of the Colonization Commissioners for South Australia,, to be kept as a separate account, under the title of " Emigration Fund Account," which will be with- drawn as hereinafter provided, and also by order from the Colonization Commissioners. 7. You are not to receive any money on account of the Colonization Commissioners without authority in writing from the Resident Commissioner, or from the principal of the public office on account of which such payment is made, and such authority must state the amount and object of the payment. 8. When the balance in hand upon the Revenue Fund is not sufficient to pay an account which is fully due, and to pay which you have received a wai-rant from the Resident Com- missioner, and at all other times when required by him, you will forthwith state to him the sum you require, the account or accounts for which you require it, the balance in hand upon the Revenue Fund, and the balance in the South Australian Company's Bank upon the Emigration Fund. 9. If the Resident Commissioner deem it necessary, he is instructed to apply to the Governor in Council for authority to draw upon the Emigration Fund in the South Australian Company's Bank ; and should that fund be insufficient for the sum required, also to draw a bill or bills of exchange upon the Colonization Commissioners ; but the total amount of the sum or sums received from the Emigration Fund, and also of the said bill or bills together, must not exceed the sum of 2,500 Z. during each three months ending 31st March, 30thJ.une, 30th September, and 31st December in each year. 10. Upon his obtaining the authority of the Governor in Council, which he is instructed I to transmit to you, with his warrant, he will, in conformity therewith, issue his warrant to I the South Australian Company's Bank, payable only to you for the sum which is allowed to jj be received from the Emigration Fund ; and should he be authorized to draw a bill or bills f of exchange upon the Colonization Commissioners, he will issue his warrant to you I accordingly. I 11. When, by warrant from the Resident Commissioner, you are instructed to draw upon the Colonization Commissioners a bill or bills of exchange, you will require from him the order of the Governor in Council, authorizing the same; without the said warrant and order, you will not draw any such bill. 12. For all monies received from the Emigration Fund, in aid of the Revenue Fund, you will keep a distinct account, under the title of the " Emioration Fund Loan." 13. Every bill of exchange, drawn from the colony" upon the Colonization Commis- sioners, SELECT COMMITTEE ON SOUTH AUSTRALIA. 235 sioners, must be at 60 days' sight, be signed by you, and be countersigned by the Resident cNo •? ^ Commissioner, and have attached thereto a letter of advice, so signed and countersigned Instructions to statmg particulars of the bill, name and address of the party to whom payment is made, the Colonial Treasurer nature of the account, vyith the dates when it commenced and terminated, and that no part of the payment is in advance ; and also stating the date and number of the letters or other documents from the Colonization Commissioners which authorized the same. You will of course, at all times use the printed form, bill of exchange and letter of advice, which have already been supplied by the Colonization Commissioners. 14. You are as early as possible after the end of each month, or more frequently, if so required by the auditor-general, to transmit to him an account current of your receipts and payments in the course of such month, accompanied by the proper authorities and vouchers in triphcate. At the expiration of each quarter, ended 31st March, 30th June, 30th Sep- tember, and 31st December, you will transmit to the auditor-general a quarterly abstract of such monthly accounts, which, after being examined by him, will be transmitted to England for final audit, together with the authorities and vouchers. 16. You are to make, before the Resident Commissioner or auditor-general, the following , declaration, to be written on your quarterly account current, and to be attested by the person before whom such declaration is made : — " I, A. B., do solemnly declare. That the above is a true statement of my account as coloiiial treasurer of South Australia. " Declared before me, this day of ." 16. In proof of the charge side of your account, you will be required to produce the warrant of the Resident Commissioner and order of the Governor in Council, authorizing the payments from the Emigration Fund, and also the drawing of each bill of exchange, — a statement of the rate -of exchange at which such bill was negotiated, — accounts of sales, invoices, and certificates of consignments of specie, — the warrant of the Resident Com- missioner, or of the principal of the public office on account of which payment is made to you, and such other documents as may satisfactorily explain each transaction, and prove the correctness of the account delivered by you, 17. In support of your disbursements, you will be required to produce the warrants of the Resident Commissioner, which must specify the nature of the account, and the date and number of the document by which the Colonization Commissioners authorized the same. The warrant to be accompanied by the account, certified as due by the principal officer in the department to which it belongs (you will make no payment of any description without such warrant), receipts of the parties, bills of particulars, and such other documents as may be necessary to show that the payments are correct. 18. Whenever any salary or other payment due to an individual is claimed on his behalf by another party, you will require a power of attorney or authority in writing in support of such claim, together with a certificate attested by a magistrate, clergyman, or other public functionary, stating that the party is alive at the time of such payment becoming due, and you will, before payment is made, cause the authority to be exhibited to the auditor-general, and registered in his office. 19. You will take all receipts in triplicate. 20. Should it appear to you, with reference to the Colonization Act (4 & 5 Will. 4, cap. 95, and 1 & 2 Vict., cap. 60), or upon comparing the warrants of the Resident Com- missioner for salaries and allowances, with the schedules of establishment and appointments authorized by the Colonization Commissioners, and approved by the Government at home, which are delivered herewith, and which you are hereby required in all cases to do, that such warrants are at variance with the schedules, or with these instructions, or that the payments directed to be made are not for the bonaf.de purposes indicated in the Act, you will, before payment, respectfully represent the same to the Resident Commissioner, and defer payment until you receive from him further directions. You will attach to your accounts copies of such representations, and of the answers or directions you may have received. 21. In all cases of difficulty or doubt, not provided for by these instructions, or by such as you may hereafter receive from the Colonization Commissioners, you will apply to the Resident Commissioner for his directions. 22. You will cause these and all other general instructions to be recorded in the auditor- general's office. Given at London, this 9th day of November 1838. By order of the Board. (L. s.) (signed) John Gliddon, Assistant Secretary. 0.21. gg !i3« APPENDIX TO REPORT FROM THE — (No. 4.) — (No. 4.) rnstmctions to Instructions to the Auditor-General m South Australia. Anditor-General. 1. You will make application to the Resident Commissioner, and obtain from him a full statement of alimonies, stores, and provisions received in the colony on account of the Colonization Commissioners ; you will also obtain from him a full statement of all .monies, orders for money, stores and provisions issued, and such other statements as you may find necessary to give you full information upon all subjects connected with your duties. 2. At the end of each month, you will require from the South Australian Company's bank in South Australia, a separate statement of each account which they shall then have with the Colonization Commissioners, 3. You will call upon all parties accountable to the Colonization Commissioners to trans- mit their accounts to you, without delay, for examination, made up to the latest possible period ; and you will instruct all persons so accountable to make up and transmit their accounts to you in future, at the times and periods specified in their instructions, and at such other times and for such periods as you may deem proper, 4. You will obtain from the colonial treasurer and from the storekeeper, copies of their instructions ; and you will be furnished by the Resident Commissioner with copies of all orders or regulations issued by him relative to the receipt, custody, and expenditure of the public money and stores, and in the examination of the respective accounts. You axe authorized, at all convenient times/ to inspect all instructions of a financial nature which then have been given ; and you will see that all instructions and regulations have been pro- perly attended to and complied with. 5. The following outline may assist you in the performance of this part of your official duty : 1. You will ascertain whether the accountant has been properly charged with the whole of the money and stores for which he is accountable. 2. That the account is arithmetically correct as to castings and computations, and that there are no double credits. 3. That the disbursements are vouched by proper receipts and acquittances or other sufficient evidence. 4. That the receipts and expenditure have been duly authorized, and all established regulations properly observed. 5. That the articles of expenditure are proper and reasonable in their nature and amount. 6. That the prices of stores, or other articles purchased for [the public service, appear to be fair and reasonable. 7 . That the balances of public money remaining in the hands of the principal accountant or his sub-accountants are not greater than the nature of the service requires. 6. That all persons to whom issues are made upon account have been put in charge and called upon to render their accounts. Lastly. Whether any irregula rity appears in the mode of conducting the service with which you are connected, and to which the attention of Government ought to be directed. If such irregularity exist, you will immediately give information thereof to the Governor and Resident Commissioner. 6. An account of public expenditure, with a view to all the purposes of audit and control, should be subject to strict examination upon the foregoing points ; but it is not intended by this suggestion to circumscribe the free exercise of your own judgment, inasmuch as the efficient and conscientious discharge of your public duty must mainly depend upon your own activity and zeal. 7. The whole of the monies under the control of the Colonization Commissioners received in the colony will pass through the hands of the colonigj treasurer. It is his account therefore, which will require most of your attention. 8. From the access you will have to official persons and documents in the colony, you will have no difficulty in checking that part of his receiipts which consists of monies derived from sales by auction, rent of pasturage, sales of stores, monies raised by bills of exchange or consignments from home, which will constitute the principal part of charge to him. But though the correctness of the credits given may be proved to your own satisfaction, you are to take care that these and all other matters in his account are substantiated, and that the account, when sent home, is accompanied by accounts of sales, certificates of the rate of exchange at which each bill was negotiated, invoices and certificates of the counting of specie consigned, and by such other documents or explanatory statements as may be satis- factory SELECT COMMITTEE ON SOUTH AUSTRALIA. 237 •factory to the Commissioners of Audit, and obviate the necessity of a reference back to South (No. 4.) Australia for further explanation. Instructions to 9. With respect to the treasurer's disbursements, it will be desirable that his payments, Au ditor-General , as far as practicable, should be final payments, and that his issues upon account to other departments should be limited as much as possible ; but as the concerns of the colony be- come more extended, advances upon account to officers at distant stations may probably "become unavoidable. 10. You will allow of no payment in the treasurer's account, although sanctioned by schedules of appointments or established regulations, without a warrant of the Resident Commissioner ; nor will you allow any payments beyond those sanctioned by the schedules or estabUshed regulations, until you have seen the authority from the Colonization Commis- sioners under which the warrants for payment have been issued ; and if at any time the Resident Commissioner shall have directed the payment of any expense or sums which in your opinion are not for the honafide purposes indicated in the Act (4 & 5 Will. IV., c. 9-5 ) you will make a note of your doubts upon the subject, either upon the warrant or upon the account, for the information of the Commissioners of Audit. 11. All payments, whether final or upon account, must be supported by receipts of the ipa,rties ; but the receipts for final payments must also be accompanied by abstracts or accounts of particulars, together with attested copies of the under vouchers, estimates, tenders, contracts, certificates and such other documents as may be necessary to prove the correctness of the claim. 12. With respect to issues upon account, you will keep such official books belonging to the Colonization Commissioners as you may deem suited to the purpose, recording all such payments. You will lose no time in proceeding with the examination of accounts, and having completed the same, you will send home to the Colonization Commissioners by the earliest opportunities the accounts and vouchers in duphcate, in order that they may be passed, if possible, simultaneously with the treasurer's accounts. 13. If it should appear to you that larger sums have been issued to any sub-accountants, or that larger balances remain in their hands, than the exigencies of the service require, you 'will respectfully point out the same to the Resident Commissioner. 14. Should you discover any over-payments, errors or omissions to the prejudice of the public, you will not be satisfied in such cases with merely making a nominal surcharge to be absorbed in the general balance, but you will call upon the party immediately to repay the amount, and you will not omit any necessary proceedings to enforce this requisition until you are satisfied that the same has been actually repaid and brought back to the credit of the public ; and in case of any default you will immediately communicate the circumstance to the Governor and Resident Commissioner, in order that steps may be taken for the recovery of the amount without delay. 15. In the event of the death, resignation or removal of any public accountant, you will lose no time in obtaining his final account ; and, in case there should be any balance due from the accountant upon such account, you will call upon the party, without waiting for the Unal examination of the account, to pay over the balance to the colonial treasurer, and, if necessaiy, you will inform the Resident Commissioner, and apply to the Governor for his ■authority to the Crown solicitor to enforce the demand. 16. The colonial treasurer has been instructed, whenever called upon to make a payment under a power of attorney, to cause such documents to be registered in your office. You will, therefore, in all such cases, note upon the voucher for the payment, that the power of attorney or other sufficient authority in writing has been exhibited to you. 17. You will sign all notes and remarks made by you. 18. It is most important that the accounts of the Store Department should be regularly delivered into your office at the period fixed by the instructions to the storekeepers, and that they should be promptly examined. You will, therefore, make every exertion to prevent any accruing arrear or unnecessary delay in this respect, in order that any disagreements, deficiencies or defalcations may be explained and settled whilst the transactions are fresh in the recollections of all the parties. 19. You will ascertain by a careful comparison with the cash accounts that all stores and provisions purchased and delivered to the storekeeper are duly brought to account by him, and properly disposed of. It will also be your duty in the examination of his accounts to see that all sums due from persons to whom stores or provisions have been delivered or sold, are paid to the treasurer and accounted for by him. If you should observe that such payments are not made within a reasonable time, or if it should appear to you that there has been any remissness or neglect on the part of the officer or department whose duty it was to collect or enforce the payment of these debts, you will call upon such department or officer to explain why the amount has not been recovered. Should the reason given to you not be satisfactory, you will then immediately report the circumstance to the Governor and Resident Commissioner ; you will make a note of your proceedings in your certificate at the foot of the storekeeper's accounts, when sent home for final audit. 0.21. gg'i 20. You ?38 APPENDIX TO REPORT FROM THE ^ (No. 4.) Instructions to Auditor-General. 20. You will cause a complete set of all the colonial accounts to be systematically kept in official books in the office of the Accountant-general. 21. The following form of certificate may be used with respect to all accounts which have been examined by you and found correct, and which are to be sent home for final audit : — " I certify, That I have carefully examined the foregoing account ; that the proper vouchers in support of the several articles therein contained have been exhibited to me ; that the account is correct, and that there is a balance due from the accoun- tant amounting to ." But should you have any exceptions' to make, or explanations to ofier, you will adapt your, certificate to the circumstances of the case. 22. You will require every accountant to make and sign a declaration before you or the Resident Commissioner, to be written at the foot of his account, in the following form : — " I, A. B., do solemnly declare, That the above is a true statement of my account, as (here specify the appointment). " Declared before me this day of ." 23. So soon after the termination of the 31st March, 30th June, 30th September, and 31st December in each year, when a safe opportunity occurs, you are to despatch to England all accounts which may have been examined and passed by you, and are in a fit state for final audit. 24. The accounts and vouchers are to be transmitted in duplicate to the Colonization Commissioners, by whom they will be forwarded to the Commissioners for auditing the Public Accounts. 25. On application to the Resident Commissioner you will be supplied with official books belonging to the Colonization Commissioners, and therein you will regularly keep records of your proceedings. All letters and reports must be consecutiv<;ly numbered, and such number stated when reference is made to any previous communication. 26. But your duties will not be confined to the examination of the public accounts after the expenditure has been incurred. You will examine and report upon all estimates, claims, accounts or other documents, which may be referred to you by the Governor or Resident Commissioner. 27. All accepted tenders, accounts, receipts and vouchers are to be taken in triplicate; one copy thereof is to be preserved in your office, and the others are to be transmitted to England. 28. Great inconvenience has been experienced from the very imperfect state in which the public accounts of Her Majesty's other colonies in Australia, at their early establishment, were sent home for examination ; in consequence of which, repeated references to the colony upon the subject of one single transaction have frequently become unavoidable; all which may be attributed in a great degree to the want of an active supervision of the public expen- diture during its progress. It will, therefore, be a further part of your duty to watch the expenditure during its progress, to examine into the mode in which the official books and accounts are kept in the different departments, and the manner in which th6 business is conducted in both the cash and the store branches, to suggest any alterations which may appear to you to be desirable, to correct any irregularities on the spot, and to see that the entries are so made in the accounts, or accompanied by such explanations, as may render the transactions clear and intelligible. 29. The receipt and expenditure of the Government at the head station might then be subjected to a kind of daily audit, and the accounts rendered in so perfect a state as mate- rially to lessen your own labour in their subsequent examination, and that of the depart- ment at home in their final audit. Given at London, this 23d day of November 1838. By order of the Board. (l. s.) (signed) Rowland Hill, Secretary. (No. 5. ) Memorandum. — (No. 5.) — MEMORANDUM. By a despatch from the Colonization Commissioners, dated 1st September 1838, (No 52, Land,) Colonel Gawler was authorized to purchase the park lands around Adelaide, without specifying any particular sum. It is known that one of Colonel Gawler's bills, drawn during 1839, amounting to 2,300 1., was appropriated to the purchase of park lands, but there is no information whether this completed the purchase of the whole. SELECT COMMITTEE ON SOUTH AUSTRALIA. 239 — (No. 6.).— (No. 74. — Finance.) South Australian Colonization Office, Adelphi Terrace, Sir> 29 October 1838. I BEG to enclose the copies of two letters from the Colonial Office and the Board of Trea- sury, on the subject of your application to be furnished with instructions for your guidance, in the event of any unforeseen contingency requiring an immediate supply of funds for the service of your government, beyond the amount which you have received authority to draw upon the Colonization Commissioners. The commissioners intend to make a further application to Her Majesty's Government upon this important subject, on the grounds that emergencies originating in external causes may call for an extraordinary expenditure, which a colony self-supporting as regards its internal government and ordinary expenditure cannot in equity be required to defray. Some time must elapse, however, before an answer to this renewed application can be received ; and in the interval, the commissioners consider it expedient to provide against any adverse contingency, by giving you an extraordinary or emergency credit on the South Australian Company's Bank to the amount of five thousand pounds (5,000 1.) The managers of this bank in the colony will receive, through the directors of the South Australian Company, formal advice upon the subject of the extraordinary or contingency credit hereby confided to you. The case of destitution in the colony being already provided for in your instructions, the contingencies which the commissioners contemplate in placing this extraordinary credit at your disposal are such as inundation, fire, pestilence, attacks from pirates, incursions of convicts from the other colonies, or seditious risings in the colony itself. The execution of public works, however useful and requisite they may be, can hardly, as the commissioners conceive, become so urgently necessary as to warrant a resort to your emergency credit, and should be deferred until estimates of the expense shall have been sent to this country and returned to the colony approved. I am, &c. His Excellency Lieut. Geo. Gawler, (signed) Robert Torrens, Resitient Commissioner in South Australia, Chairman of the Commission. &c. &c. &c. Enclosure 1, in No. 6. (No. 6.) R. Torrens, Esq. to Resident Commis- sioner in South Australia, ag October 1838. Sir, Treasury Chambers, 6 September 1838. The Lords Commissioners of Her Majesty's Treasury having had under their consideration End. i,'in No. 6. your letter of the 30th ult. with the correspondence therein enclosed, which has taken place with the Colonization Commissioners for South Australia, in consequence of an application from Colonel Gawler to be furnished with instructions for his guidance in the event of any unforeseen contingency requiring an immediate supply of funds, beyond the amount for which he has received permission to draw on the Commissioners, I have it in command from their Lordships to request you will state io Lord Glenelg, that as my Lords do not apprehend that the South Australian Colonization Commissioners are in any respect pre- cluded from extending the amount of the guarantee to the agents they have appointed in the South Australian Colonies for the negotiation of bills that may be drawn on them by the competent officers in South Australia ; and as the provisions of the Act of the last Session of Parliament, relating to South Australia, would enable the commissioners to provide the means of meeting any probable excess" for which cases of special emergency may render it necessary that the authorities in the colonies should draw, beyond the amount of their ordi- nary credit, it does not appear to ray Lords to be requisite that the governor of Soutli Aus- traha should be furnished with the authority to draw on their Board, which the commis- sioners have proposed. James Stephen, Esq. (signed) &c. &c. &c. am, &c. A. Y. Spearman. Enclosure 2, in No. 6. Gentlemen, Downing-street, 13 September 1838. I AM directed by Lord Glenelg to acknowledge the receipt of your letter of the 17th ult. on the subject of Colonel Gawler's application to be furnished with instructions for his guidance, in the event of any unforeseen contingency requiring an immediate supply of funds for the service of his government, beyond the amount for which he has received per- mission to draw upon you ; and I am to transmit for your information and guidance the copy of a letter from the Board of Treasury on this subject. The Colonization Commissioners for South Austraha. 0.21. I am, (signed) &c. Jas. Stephen. 9 94^ End. 2, in No. 6. 240 APPENDIX TO REPORT FROM THE (No. 7.) Colonel Gawler to Secretary of the Colonization Commissioners, 26 October 1838. (No. 7. — Miscellaneous.) — (No. 7.) — Extract of a DESPATCH from his Excellency Colonel Oawhr to the Secretary of the Colonization Commissioners, dated Adelaide, 26 October 1838. Upon some points I must, in the strongest manner, solicit the commissioners' most in- dulgent consideration ; in them I am about to incur the heaviest responsibilities, but from, which I could not shrink without endangering the finest prospects of this most beautiful colony, and without shrinking from my duty to the Colonization Commissioners. I find the establishment of public oflicers in this colony much beyond the authorized establishment furnished to me in England. I am persuaded that, with the consent of the Council, I must not only keep, but probably increase the existing establishment. The po- pulation, trade, commerce, and sales of land, are much greater than was anticipated in. England, and the work for public servants is increased in the same proportion. I am assured, that the population of Adelaide and its neighbourhood is between 4,000 and 5,000. In the course of the last three months nearly 10,000 acres have been sold in the colony. Cattle stations are extended to a distance of 35 miles eastward from Adelaide, and the coasting trade with the eastern Australian colonies is very active. The establishment of surveyors is altogether unequal to the demand for land ; 21,000 acres of preliminary purchases remain unsurveyed, and of course the great mass of subsequent purchasers unprovided for : great disappointment has been experienced on this subject. It is my intention, with the consent of the Council, to put on every surveyor that I can procure, until the survey comes up or nearly up to the demand. The pi-ofits of capitalists are great ; provisions, wages, and house-rent are very high ; all prosper but the servants of government. To retain them in their places, it will be absolutely necessary to increase their salaries, at least of the junior classes, to something like a pro- portionate scale to those of private offices. My instructions permit me to draw on England to the amount of 10,000 Z. per annum ;, within this year (1838) upwards of 12,000 Z. has been already drawn, the third quarter's salaries are still due, the treasury is absolutely empty, and public debts to a considerable amount have been incurred ; urgent demands are made for payment, and the credit of govern- ment is therefore injuriously low. The colony itself is most flourishing; I have great con- fidence that a proportionably large revenue may be raised from it, and that in many things public expenditure may be reduced. Care and exertion shall not be spared on my part to accompHsh these objects ; but until they are attained I must surpass my instructions, and look to England for considerable unauthorized pecuniary assistance. I trust that in this cir- cumstance in particular the commissioners will favourably consider my very trying and diffi- cult situation. It was, I hope it may be testified of me, always ray practice to obey orders and instructions with conscientious precision ; it will be so again as soon as it can be done with faithfulness to my charge ; but placed as I am, in circumstances unforeseen at home>, with the breadth of the world between the colony and its only point of reference, and with a rapidly inflowing population, the current of which hesitation would check and turn off to- other colonies, I am, I conceive, in duty bound to incur all necessary responsibility, and with the advice of the Council to act according to the emergency. The capabilities and advantages of the colony come up fully to my expectations ; most extensive districts of the richest soil extend to the northward, eastward, and in large vallies to the southward of Adelaide. Port Adelaide is a secure and commodious harbour for ships of 400 tons, and these are large enough for every commercial purpose. Naval men agree, that to render it unobjectionable for vessels of this burthen, nothing is required but a steam tug. The climate and country are beautiful,, the latter fully resembling an. English park ; the trees beautifully grouped, very large, and free from brushwood. With liberal and judicious management, the colony must, under God's blessing, prosper as none other has ever pros- pered before it. — (No. 8.) — (No. 8.) Colonel Gawler to Secretary of the Colonization Commissioners, 27 October 1838. (No. 8. — Finance.) Extract of a DESPATCH from Colonel Gawler to the Secretary of the Colonization Commissioners, dated Adelaide, 27 October 1838. I BEG the commissioners to be assured that I do not forget the self-supporting principles of the colony, and that I will use ray utraost endeavours to carry them out. I of course am not blameable for the difficulties in which I find the colony. If the commissioners will support me fairly through them, and encourage, by broad and liberal measures, the present ex- traordinary inflowing tide of population and capital (I at least have good grounds for trusting in their publicspirit and zeal for the great work they have undertaken that they will do so), there appears to me to be very strong grounds for confidencethat the self-supporting principle, with all its advantages, will be fully carried out. The expenses of the survey are a heavy drain upon the expenditure of the colony ; it appears to me that they are fairly chargeable to the Immigration Fund, and that purchasers generally would be most willing to give more for land, in order to obtain it without delay,, if an encouragement of this kind were correct and feasible. SELECT COMMITTEE ON SOUTH AUSTRALIA. 241 (No. 43. — Miscellaneous.) (No. 9.) Extract of a DESPATCH from the Secretary of the Colonization Commissioners for South Australia to the Resident Commissioner, dated 31 May 1839. In despatch No. 7, Miscellaneous, you refer to the more important subjects which have I pccupied your attention since your arrival in the colony ; as certain official appointments, and the state of the surveys, &c. You speak of the peculiar difficulties under which you are placed, and call upon the commissioners for aid and support. In reply, I am directed to assure you that the commissioners will do everything in their power to sustain your proper and necessary authority; that, so far as their information enables them to judge, they fully approve of the steps you have hitherto taken, and that you may safely rely on their efficient co-operation in all measures calculated to promote the welfare of the colony. The commissioners have referred to the several letters of instructions which you carried out, and to those which have been subsequently forwarded to you. These instructions appear to the commissioners to be well calculated for the circumstances of the colony, and they recommend them for your careful and frequent perusal. You will observe that, while certain rules are laid down ibr your guidance, you are authorized to deviate from them under peculiar circumstances, and on certain conditions, one of the most important of which is, that the grounds for such deviation shall be placed fully and without delay before the Board. Indeed, it is of great importance that the commissioners should at all times be kept fully acquainted with your proceedings, and with the state of the colony ; and this is more espe- cially important whenever the circumstances of the colony are such as to require the exer- cise of extraordinary powers on your part. These remarks arise out of the circumstance (probably accidental), that although your despatches do not come down to a later date than the 27th of October, letters and papers have reached London through the usual channels of as late a date as the 8th December, and via Calcutta as late as the 4th January. (No. 9.) Secretary of the Colonization Com« missioners to the Resident Com- missioner, 31 May 1839. — (No. 10.) — (No. 46. — Finance.) (No. 10.) Extract of a DESPATCH from the Secretary of the Colonization Commissioners for Secretary of tha South Australia to the Resident Commissioner, dated 31 May 1839. Colonization Com" , , ■ 1 • missioners to the In your despatches Nos. 8 and 9, Fmance, you state that you round, on your arrival m Resident Com- tbe colony, that the 12,000 1, provided for the colonial expenditure of 1838 had been ex- missioner, Lausted; that the sum of 1,400 Z. was required for salaries due 1st October, and the further 31 May 1839. sum of 500 I. for other expenses, and that you felt yourself called upon to draw bills for -.. these sums, in virtue of the extraordinary authority which had been given you to deviate from your instructions on your own responsibility in cases of extraordinary emergency. The commissioners fully approve of the course you have adopted, and have directed their treasurer to accept the bills in question. — (No. 11.) — (No. 10. — Finance.) Extract of a DESPATCH from Colonel Gawler to the Secretary of the Colonization Commissioners, dated Adelaide, 5 December 1838. (1^0. n.) Colonel Ga\^lerfo Secretar)' of the Colonization I SINCERELY wish that it were in my power to wait for authority from the commissioners comraissionerE( for the liquidation of these debts *, and for other unauthorized expenditure into which I may ^ -q^^. 1838. be led. I beg to assure them that, in this and similar cases, I am acting with great caution, __^__rf and am only expending money in the manner and to the extent I am persuaded they would approve of if they were here. While wages, rents, and provisions are high, money is very scarce ; and it is most seriously injurious to master tradesmen and master workmen to have the payment of their bills delayed. Government credit is very low in consequence, and ■Government contracts proportionably high. I shall use my utmost endeavours to send detailed statements of all the accounts of the colony, with my half-yearly report, in January next. At present, anything approaching to such regularity is impracticable. The accounts, both of public monies and stores, are in gfeat confusion. Until system is introduced into the different public departments, I entreat the forbearing consideration of the commissioners with regard to any irregularities or neglects of whiich I may appear to be guilty. I assure them that I am labouring earnestly to establish method and order, of which there hitherto have been very little. • Referring 10 certain bills for payment of outstanding claims which be had advised. 0.21. h h 242 APPENDIX TO REPORT FROM THE (No. 12.) Colonel Gawler Secretary of the Colonization Commissioners, S February 1839, to — (No. 12.) — (No. 8. — Finance.) Extract of a DESPATCH from Colonel Gawler to the Secretarjrof the Colonization • Commissioners, dated Adelaide, 2d February 1839. The state of the finances and the financial system, the deficiency of system in every public department, the inadequacy of the sum allowed for quarterly expenditure, the impos- sibility of complying with many of the commissioners' most prominent instructions, are most deeply harassing to my feelings. I am fully aware that such things, viewed from Eng- land at a distance of 16,000 miles, and standing in conjunction with the most unprincipled, and disingenuous, though plausible misrepresentations of a troop of persons in this colony, of which the Southern Australian newspaper is the principal organ, — I am fully aware that such things are calculated in the highest degree to make the commissioners doubt if I am not betraying the great trust .they have reposed in me. With the explanations that I as yet have been able to give them, it is not possible that they should be able to form adequate ideas of the difficulties with which I am surrounded. I trust they will remember that little more than three months have elapsed since I arrived in the colony. Hitherto I have felt it to be my duty to devote my time and attention rather to meet the crisis of affairs at which I see the colony to be arriving, than to spend it in writing lengthy explanations, however necessary and proper, under ordinary circumstances, such explanations might be. When those explanations can be sent, I trust that it will be proved to the satisfaction of the commissioners that every step I have taken has been founded in prudent, faithful, and deliberate considerations. ■ I hope to obtain from Mr. Gilles before the mail is closed which conveys this letter, a statement in detail, to the 31st January, of the receipts and expenditure since my arrival in the colony. A new publicans' licence Act will be passed, I hope, in the course of next week. On the subject of taxes on imports I am in considerable difficulty. On the one hand the leading commercial colonists urge the expediency of a system of general ad valorem duties ; while on the other, I am bound to consider with the deepest respect the instructions I have received, to assimilate if possible the duties to be levied in South Australia with those of the neighbouring colonies. — (No. 13.) (No. 13.) Secretary of the Colonization Com* niissionerB to Colonel Gawler, 2 August 1839. , (No. 64. — Miscellaneous.) ExTEACT of a DESPATCH from the Secretary of the Colonization Commissioners for South Australia to Colonel Gawler, dated 2d August 1839. With reference to the general tenor of your recent despatches, the commissioners direct me to assure you, that it is their wish, by every means in their power, to support and strengthen your authority, and to treat with the most favourable consideration such deviations from your instructions, as in your own discretion, and on your own responsibility, you may think it your duty to make. In order, however, that they may be justified to the public, to Her Majesty's Government, and to themselves in so doing, they are earnestly desirous of im- pressing upon you the absolute necessity on your part of promptly supplying them at all times with full and accurate information on the several points enumerated in your instruc- tions, and more especially of a rigid observance of the instructions contained in the letter of the 26th of May 1838. Despatch, No. 26. * It is scarcely possible to exaggerate the importance of an undeviating compliance with these instructions. Information of all sorts reaches this country through private channels ; reports, frequently untrue and injurious to the character of the colony, and reflecting on the conduct of the colonial government, appear in the public papers; and the commissioners, not possessing at the time information on which they can rely, are unable to contradict them until the time for so doing has passed away. The commissioners are aware that your time is much occupied, that you want the necessary conveniences for the ready dispatch of business, and that at least some of the subordinate officers are in arrears with their accounts and reports, and under these circumstances they would not urge upon you the observance of their instructions in this particular, if they did not consider such observance so important to the progress of the colony that not to urge it would be a dereliction of duty on their part. With reference to the neglect of certain of the subordinate officers, the commissioners request your attention to the following paragraph in despatch. No, 21, of last year. The commissioners having given you authority over the several officer^ of the colony will consider you responsible for their conduct, and will expect you to require on the part of * These were instructions on the subject of Correspondence and Reports, and are printed in the Appendix to the Third Annual Report, p. 42. SELECT COMMITTEE ON SOUTH AUSTRALIA. 243 to Colonel Gawlerj 2 August 1839, of all a careful and punctual discharge of their duties, and a rigid observance of the instruc- CNo iq -) tions laid down. And they desire me to add, that viewing the punctual preparation of the Secretarv of the necessary reports as one of the most important duties each ofhcer has to perform, they Coloniza-tion Com cannot but consider neglect in this respect, after due notice, as an offence calling for sus- missioners pension or removal. Although, however, the commissioners have expressed their opinion thus freely, they wish to leave the decision in such cases in your hands. As the commissioners feel themselves bound to require undeviating punctuality in the important matters now under consideration, they are the more anxious to reduce the labour to yourself as for as practicable ; they therefore direct me to say, that as your despatches to the Colonial-office are always laid before their Board, it is unnecessary that you should trouble yourself to write directly to them on any matters connected with your duties as Governor. With the same view, they request your attention to that part of despatch. No. 26, of last year, which expresses an opinion, " that your correspondence should, as far as pos- sible, consist of reports and other documents prepared and attested by the subordinate officers, and merely transmitted by yourself;" and to the means named in the last paragraph of the same letter, for securing punctuality on the part of such officers. — (No.l4.) — (No. 67.— Finance.) Extract of a LETTER from the Secretary of the Colonization Commissioners to Colonel Secretary of the Gawler, dated 2d August 1839. Colonizatiou Com- inissioners to 1. In your recent financial despatches you speak of having discharged outstanding claims C°'onel Gawler, to a large amount (apparently about 6,000 I.) which had arisen previously to your arrival in ^ -'^"gust 1839. the colony, and you express a hope that the commissioners will consider that you acted " rightly in discharging these claims without waiting to refer them to their Board. 2. The commissioners at once admit the importance of sustaining the credit of the Colo- nial Government, and that the course adopted was in all probabihty, under the circum- stances, proper and necessary ; but you will on reflection see that it is impossible for them to express any decided opinion on the subject until they are furnished with a full account of the claims which have been discharged. It is unnecessary to say that it would have been more satisfactory to the Board had such accounts been supplied in the first instance ; but they do not doubt they will shortly come to hand, when they will of course be taken into consideration. — (No. 15.) — (No. 41. — Finance.) Extract of a DESPATCH from Colonel Gawler to the Secretary of the Colonization QorQ.im&s\onevs oi South Australia, dated Adelaide, 8 April 1839. I AM deeply anxious that in the workings of this branch (Finance) of the colonial admi- nistration, above all others, everything should be clear and regular. I have directed and will direct my attention unremittingly towards it, and assure the commissioners that to the utmost of my power their instructions, of which I have just received the new form, shall be complied with. Nevertheless, I would urge with the deepest respect, that their orders are rather perfect regulations for a perfectly formed colony than broad directions for a settle- ment which has but just sprung into existence, and of which the affairs have until lately been in a state of great confusion, without system and without regular records. There are not at this time in the colony men who can carry a regular system of govern- ment into effect. For the present public officers in general I have sincere respect and regard ; but to this it must be added, that many of them, among others the colonial trea- surer and storekeeper, are altogether unacquainted with the principles of official routine and regularity. It is with the greatest difficulty, and only after long and tedious delays, that I can pro- cure from them the most common returns. The same difficulty in procuring returns I experience from the harbour-master and act- ing collector of customs, who nevertheless is one of the most zealous, and, in his department as harbour-master, intelligent men in the colony. Under the present excitable and unofficial spirit which prevails almost universally, acting upon the regulation of stopping salaries until returns are regularly rendered, would in reason- fiMe probability be followed by the resignation of many public officers for whom there are not substitutes in the colony. It would have been a very great relief and assistance to me to have filled up the office of assistant commissioner ; but, with the exception of one or two persons who cannot for the present be spared from other official employments, there is not an individual to whom I could confide it. 0.21. hh'2, One (No. 15.) Colonel Gawler to Secretary of the Colonization Commissioners, 8 April 1839. 244 APPENDIX TO REPORT FROM THE (No. 15.) Colonel Gawler to Secretary of the Colonization Commissioners, 8 April 1839. One very great cause of the negligence and irregularity which has prevailed in the trans- action of official duties is the utter inadequacy of the salaries of public officers to their expenses. Soon after my arrival in the colony, some of these gentlemen intimated to me directly their intention of resigning unless their salaries were raised ; others did so indirectly. These two classes included some of the most able and active men in the public service ; an extensive body remained of those who, on principle, gave up a large proportion of time to their private pursuits, under the plea that the insufficiency of their salaries rendered such a course absolutely necessary for their existence. It became therefore imperatively requisite, a first step towards order in the despatch of public business, to raise the salaries of a as large proportion of them. I have done so, commencing from the 1st of January 1839, The salaries of the principal officers have generally been left as they were, for the consi- deration of the commissioners. Most of them have private means of support, and from prin- ciples of honour and zeal for the colony will probably continue in their stations at least until their circumstances have been reported to England. , It has been, however, absolutely necessary to give those who were appointed pro tempore the full pay of their respective ranks. Regarding the junior officers, I can affirm with confidence, that there is not one of them overpaid ; and that, according to the rate of expenses in the colony, they have barely the means of decent subsistence. I enclose, for the information of the commissioners, the proceedings of a Board which I ordered in reference to this subject. I have also been compelled, as the commissioners will perceive by the returns, to increase the numbers of the public functionaries. This measure has been rendered absolutely neces- Bary, among other reasons, by the work of bringing up the heavy arrears of business in every department ; and the increase of the colony in population and extent will make it impos- sible, even when these arrears are brought up, to diminish the establishment. In acting on my own responsibility in these and similar cases, I do not overlook or under- value my instructions. I trust, as in a former letter I ventured to observe, that those under whom I had the honour of serving in trying circumstances for long periods of time, would testify that it was not my practice to rush recklessly into unnecessary responsibility. In my present situation, there is only the alternative between destroying the most brilliant prospect of colonization that was ever presented to the world (such is my conscientious opinion of it), or of acting decidedly and promptly on my own judgment, according to the extraordinary circumstances with which I am surrounded. I prefer infinitely the latter. I trust to the very deep anxiety which I am persuaded the commissioners feel, for the success of the work with which they are charged, and to the spirit of confidence with which they have trea!ted me, to justify my conduct among themselves, and to lead them to plead in its justification before Her Majesty's ministers. I can boldly say, that looking to their own instructions, the cases in which I depart from those instructions " are cases of the most pressing emergency, when the previous authority of the commissioners cannot be obtained without serious injury to the public service." — " Instructions to the Resident Commissioner, Art. 9, 9 Nov. 1838." In drawing bills, the only occasions in which I prefer to negotiate them through other channels than that of the South Australian Company are those in which higher rates of premium can be procured than the company offer. It is difficult to comply with the regulation which requires the object of expenditure- to be described with the bill. Private individuals require sums with which the items of expen- diture will not coincide with anything like precision, and without something near to pre- cision it is an unmeaning form. Current expenses cannot, in our present irregular state, be precisely calculated, and yet such are the circumstances of the colony that they must be met. To this I would further add, that in connexion with the prying, unjust, and excitable spirit which prevails among some few of the persons by whom I am surrounded, the frequent publication of the amounts of detached portions of the expenditure is calculated to give food for political agitation. I have not the slightest desire for concealment with regard to the accounts, — will publish quarterly abstracts of them in the Gazette, and will most care- fully forward quarterly details of them to the commissioners. It is only to the exhibition of them in portions that I have a strong objection, and would submit it for the consideration of the commissioners whether the requirement may not be rescinded. I assure them that I will not enter into expenditures of any extraordinary character without immediately communicating the causes and objects to them ; neither will I allow of any long outstanding claims. It would have been of great assistance and satisfaction to me to have had an auditorr general. As soon as I can discover a person qualified, he shall be appointed for the year 1839. The commission of inquiry will probably effect all that can be done towards auditing the public accounts for the year 1838. The colonial revenue is not what it might be made, but it has not been possible hitherto to remedy the deficiency. The heavy pressure of complicated business, the want of proper men, the very delicate nature of legislative enactments, and the most deplorable character . of our office accommodations, combine to retard the progress of legislation. A registration bill is in progress, and will soon be laid before the Council. I assure the commissioners that I have no reluctance to press to the uttermost my duties with regard to revenue, nor have I observed a symptom of it in the Council. My former statement of the want of money in the province generally, must not be con- sidered SELECT COMMITTEE ON SOUTH AUSTRALIA. 245 sidered to be disproved by the circumstance that large sums have been expended in special mo 1 /; ") surveys. I have carefully inquired into them, and find that, disregarding the land orders. Colonel Gawler to tully nine out of the eleven are the property of the South Australian Company, of Mr. Secretary of George Stephen, or of persons who came out with or subsequently to myself; a fact which, the Colonization taken m connexion with the intense desire that has prevailed to obtain special surveys, esta- Commissioners, bhshes the correctness of the assertion of the scarcity of money which prevailed on my 8 April 1839. arnval, and still prevails among the mass of settlers. As I observed in a former letter, ■ hitherto the money of the province has flowed out almost as fast for supplies as it has been brought in by immigration. I freely confess that, while looking with most confident expectation to the prosperous progress of the colony, I am distressed at the state and prospects of its financial affairs ; for this reason, however, only, that I cannot close my eyes to the fact that they menace the self-supporting system which the commissioners, and I, as their delegate, am pledged, if it be possible, to carry out. Of my duty with regard to it, I assure the commissioners I never lose sight ; but still that duty can only be performed with a due regard to those arrangements which are essential to good government and to common justice in the remuneration of public men. It has been found absolutely necessary to increase the pohce force beyond the number authorized in Lord Glenelg's letter of the 18th May 1838. The duties in Adelaide are considerable. The temporary building used as a gaol requires, when many prisoners are in it, four sentinels to prevent them from escaping. Before this precaution was adopted escapes were very frequent. I need scarcely observe, that four perpetual sentinels require an increase in the establishment of 10 or 12 men at the least. In the army, three non-commissioned officers and 36 soldiers would be appropriated for such a duty. Port Adelaide and Encounter Bay, which were not calculated in the estimate presented before I left England, require separate bodies of pohce. The strength actually on the returns at present is, one superintendent, two inspectors, three Serjeants, 47 police constables, eight horses. Mr. Inman, the superintendent, is a son of Dr. Inman of Portsmouth, and is well qualified for the office. The distance of Adelaide from its ports is a great increase of expense to every depart- ment; The survey system in its ordinary course is peculiarly expensive, from the circumstances that the land is surveyed before it is chosen, and that it is divided into portions much smaller than purchasers in general require. Large tracts of surveyed land remain unappropriated, and the trouble of marking out small sections is almost as great as that of marking out large ones. In special surveys, in which the land is chosen before it is surveyed, and in which the work of the government surveyor is confined principally to large blocks of land, the comparative expense will be very much smaller. Enclosure in No. 15. Report of the Board appointed by His Excellency the Governor to ascertain the prices End. in No. 15, of the necessaries of life in the province (including servants' wages, food, clothing, and house-rent), with reference to a revision of the salaries at present paid to the vari- ous public officers and clerks, and for reporting to his Excellency what amount of salary they would recommend to be allowed by the Government to each public servant. The Board of public officers, viz. the Honourable the Colonial Secretary, the Clerk of the Council, the Colonial Chaplain, and the Superintendent of Police, assembled at the Colonial Secretary's office on Tuesday, 11th December 1838, and having inspected sundry tradesmen's bills, and carefully ascertained from heads of families the prices ordinarily charged for the necessaries of life in Adelaide, have the honour to report, that the annexed list, marked (A.), is an accurate average scale of those prices. The Board further report, that the annexed paper, marked (15.), is an estimate of the annual expenditure of a single gentleman, with one servant, prepared by the Board with a strict regard to economy and good management. As that expenditure, without one luxury allowed, so far exceeds the amount even of the higher salaries, the Board have not thought it necessary to estimate the greater expenses of men with families. The paper annexed, marked (C), is a list prepared by the Board of the salaries at present paid to the various public officers and clerks, with the increased amount of salaries respect- fully recommended to be allowed them, and which the Board propose, from a consideration of the extent of duties performed, or the amount of responsibihty incurred by each public officer ; and also, in the cases of clerks, the degree of trust necessarily confided to them. It need scarcely be remarked by the Board, that they have merely mentioned their own respective salaries, and have abstained from commenting upon the salary annexed to the high office of his Excellency. In concluding their report, the Board have respectfully to urge upon his Excellency the Governor and Resident Commissioner the expediency of immediately raising the salaries of the inferior officers, either partially or to the full extent recommended, as the Board con- scientiously believe that many of them are at this moment in debt, in consequence of the 0.21. A /i 3 very 246 APPENDIX TO REPORT FROM THE Secretary of the Colonization Commissioners, 8 April 1839. {No. 15.) very low salaries hitherto received by them ; and that several gentlemen, who have made Colonel Gawler to themselves proficient in their departments, will he driven to seek other employment, unless So^rot„,-„ ^t g^ considerable but reasonable addition be made to their official incomes. The Board have also to submit for his Excellency's consideration, that, at the termination of this the second year of the establishment of this province, the expenses of life are shown to be exorbitantly high, and far beyond what the Colonization Commissioners anticipated would have been the rate, even upon the first landing of emigrants, with little or no prospect of the prices of bread, labour, and house-rent being lower for a considerable space of time. The Board, therefore, injustice to the public officers, humbly point out to the Government that, unless the salaries of officers are very speedily raised to a proper standard, many valuable public servants (who have toiled in their offices, and neglected their private interests in attending to public duties) may be compelled, by the natural increase of family expenses, if not by growing pecuniary difficulties, to quit the public service before the expected period may arrive when the Home Government shall be pleased to assign to them salaries more commensurate with the extent of the duties and responsibility of their offices. Adelaide, South Australia, (signed) 15 December 1838. G, M. Stephen, Colonial Secretary. George Hall, Clerk of Council. Charles JB. Howard, Colonial Chaplain. Henry Inman, Superintendent of Police. ;(A.) House Expenses. — Retail Prices. Meat. Beef - Mutton Lamb - Veal - Pork - Fowls - per lb. - per couple Provisions Bread - - - Flour - - - Rice _ _ _ Salt pork Salt beef Tea - - - Salt butter Fresh butter - Salt - - - Black Pepper - White Pepper Vinegar Cabbages Carrots Onions Mustard Eggs - Beer London porter Bottled ditto - Wine - Milk - Brown sugar - White sugar - Coffee - Cocoa - Common biscuit per lb. per gallon - each a bunch per lb. per dozen per quart per bottle per quart per lb. £, s. d. - 1 - 1 - 1 - 1 - 1 - 12 4 2 3 2 4 5 6 4 1 2 3 6 4i 4 5 9 8 6 6 3 Necessaries. Yellow soap - - per lb. Windsor ditto - — Mould candles - — Spermaceti ditto - — Oil _ _ - per gallon Wood - - - per load Water - - per 90 gallons Starch - - - per Vo, Clothing. Hats - - - - each Frock coats - - - — Dress coats - - - — Trousers - - per pair Boots - - — Shoes - - - — Waistcoats - - - each Price of Labour. Washerwomen Female servants Man servant - Ditto - Mechanics Labourers Washing per day per year - per week per day - per dozen - - 4 House Rent, per Annum. A house with two rooms and a kitchen - . _ - 3 1 4 6 8 4 2 10 7 6 15 2 15 10 - 8 18 - 45 - 2 2 - 12 - 6 - 6 6* 6 Larger houses. 50 - from 60 Z. to |150 - SELECT COMMITTEE ON SOUTH AUSTRALIA. 247 (B.) Expenses for a Single Gentleman and Servant, in South Australia. 15 lbs. fresh meat, at 1 s. 1 14 lbs. of bread, at 4 J d, 7 pints of milk, at 4 ^. Vegetables for one week Wine and beer - - - Minor groceries - - - J lb. of tea - - _ 1 lb. of loaf sugar, at Is. 3d. ; I lb. of fresh butter, at 3 s. 6 All this has been doing during a particularly expensive period ; the failure of the crops in the neighbouring colonies having raised the prices of labour, hire of transport, provisions, horses, and almost everything required, to an extravagant height. Very little, if any, expenditure has been authorised which might have been with safety deferred to a later period ; on the contrary, I am persuaded, and would pledge myself to prove, that a considerable injury has been done to the colony, and even, in the end, conside- rable expenditure entailed, by too close restriction on the public purse. I can state confidently that I believe the expenditure to have been free from extravagance; excepting as far as that evil must attend proceedings of a novel character forced on with unprecedented rapidity. Under such cirbumstances, mistakes to a certain extent must' be expected, with the best intentions to act judiciously and correctly. I feel also persuaded that the affairs of the government are becoming more and more free from those petty pecu- lations which arise mainly from indistinct notions on the subject of public principle and duty. — (No. 33.) — ' (No. 33.) Memorandum. MEMORANDUM. Colonel Gawlek's despatch (No. 9,) of the 3d of February 1840, reporting that 15,000/. had been borrowed of the South Australian Company, has been printed already at page 94 of the Evidence handed in by Mr. Gairdner. (No. 34.) Colonel Gawler to Chairman of Colo- nization Commis- sioners, 3 Feb. 1840. — (No. 34.) — Extract of a DESPATCH from Colonel Gawler to the Chairman of the Colonization Commissioners, dated Adelaide, 3 February 1840. (No. 10. — Finance.) The manager and the cashier of the Bank of South Australia have consented to give considerable aid to the sale of the colonial treasurer's bills, in consideration of a commission of 10 s. per 100 Z., which' I am willing for the present to authorize, as the advantage which we derive from their assistance in this particular is more than commensurate to such allowance. The whole of the accounts of last quarter have now been paid ; and the revenue which may be collected during the current quarter, together with the proceeds of any further bills which Mr. Jackson may draw before 31st March, will be applied to the adjustment of the colonial treasurer's account with the Bank of South Australia. (No. 35-) Memorandum, — (No. 35.) — MEMORANDUM. Colonel Gawlee's despatch (No. 17,) of the 26th February 1840, offering a vindication of the necessity of his expenditure, will be found at page 97 of the Evidence handed in by Mr. Gairdner. (No. 36.) R. Torrens and T. F. Elliot, Esqrs. and Hon. E. E Villiers, to Col. Gawler, 8 July 1840, — (No. 36.) — (Separate. — Finance.) South Australian Colonization Office, Sir, 9, Park-street, Westminster, 8 July 1840. We had hoped to be able to take an early opportunity of communicating with you on the finances generally, and public establishments of the colony ; but on examining more fully into the subject, and adverting to the great and alarming amount of the bills which have SELECT COMMITTEE ON SOUTH AUSTRALIA. 261 -have continued unceasingly to pour in upon uis, we have found our position so seriously •affected, that it appeared to us one in which we were bound to apply for the counsel and instructions of higher authority, and we have therefore addresssed ourselves to the Secretary •of State. Before him, we have laid a full and unreserved statement of jthe financial condi- tion of the colony, and we are in expectation of a very early communication on the subject. Pending this reference to Her Majesty's Government, it would be premature in us to enter upon any general instructions to you. We enclose, however, for your information, an extract of our letter to Lord John Russell, <;ontaining a statement of the facts of our present situation, and we trust that, having drawn your attention to that narrative, we need not enlarge upon the necessity of you'r curtailing every branch of expenditure that will admit of it, and drawing no bills for pur- poses of which the principle has not been sanctioned. It is, our request that, from the date of receiving this despatch, letters of advice may no longer be made out according to the form recently adopted ; that the drafts are for " claims incurred during the past quarter," but that they may distinctly specify whether they are for salaries, and of what department, or if drawn for some other purpose, may convey some clear description of that purpose, sufficiently intelligible to enable us to judge whether it has been properly authorized. We are obliged to add, that, should bills continue to be drawn after the receipt of these directions, without duly adhering to their tenor, it must not be matter of surprise if, feeling the necessity of effectually keeping our obligations within our means, we should deem our- selves compelled to refuse acceptance. With this remark on the points admitting of no delay, we postpone, as above intimated, any more general observations until we shall be in possession of the views of Her Majesty's Government. We have, &c. (signed) R. Torrens, T. F. Elliot, His Excellency Colonel Gawler, E. E. Villiers. &c. &c. &,c. (No. 36.) R. Torrens and T. F. Elliot, Esqrs, and Hon. E. E. Villiers, to CoL Gawler, 8 July 1840. — (TSTo. 37.) — (No. 58. — Finance.) South Australian Colonization Office, Sir, 9, Park-street, Westminster, 24 August 1840. In our recent despatch of the 8ih ult., marked " Separate Finance," we requested that you would lose no time in correcting the practice which had lately grown up, of giving no other information in letters of advice upon bills, as to the nature of the purpose for which they are drawn, than that it was for " claims incurred during the past quarter." It is no doubt to be observed, that in Mr. Gliddon's letter to you of the ISth November 1839, written by order of the late Board, it is stated that under the circumstances mentioned in your despatch of the 31st March, 1839, (No. 14,) the commissioners would " forbear to press for the invariable insertion in the letters of advice of the i)bject of expenditure, but they trust that when practicable, this regulation will still be attended to." The terms of this letter were evidently intended not to sanction a universal custom of advising the bills in such manner as to give no material information at all on the purpose for which they were drawn ; and we adhere to our recent view that the custom should be altered. We are now compelled to notice another very important irregularity in the letters of ad- vice which are at present, from time to time, coming into our hands. By the instructions to you, on the receipt and expenditure of the public money in South Australia, dated 5th October 1838, it is required, that " before ordering payment of any account you will cause it to be examined and certified to you as due." The instructions to the treasurer of the 9th November 1839, especially direct as to the letters of advice to be ■ countersigned by you, that one of their statements is to be, that no part of the payment is to be in advance. Such a statement is accordingly printed on the face of those letters. But in the case of No. 190, of the 25th February last, being a draft for 283 ^. 6 s. in favour of -Messrs. Gorton and Co., and in all butone of the bills which have been subsequently re- ceived, a pen is drawn through the passage inserted as above-mentioned, in accordance with commissioners' directions, and instead of it is substituted the very unsatisfactory intimation that the proceeds " will be devoted to the expenses of the current quarter." Independently of the disregard manifested for the instructions issued by the Board for your guidance, we can hardly conceive a practice more subversive of regularity in the co- lony, and more dangerous to the proper application, or even the safe custody of the public money, than this course of drawing and selling bills to raise money, for no object which can be described as actually due, but merely under an indefinite intimation that at some future time the proceeds will in fact be devoted to public uses. The expedient is also an additional obstacle to the exercise of any effectual control from this country, or the acquisition of any available knowledge here of the course of expendi- t)ire in the colony. For inasmuch as it professes to find funds for general purposes, and not for definite charges already incurred, it finally precludes the practicabihty of knowmg what bills are drawn for authorized expenses, and what for unauthorized. It thus provides ■a form for, and adopts as a system, the practice which had already become too plainly a settled one in the colony, of leaving the authorities in this country, who are responsible for meeting the bills, no means of even conjecturing beforehand the amount of the demands. 0.21. k k -^ (No. 37-) T. F. Elliot, Esq, andHon.E. E. Villiers, to CoL Gawler, 24 August 1840. The 262 APPENDIX TO REPORT FROM THE (No. 37.) T. F. liUiot, Esq. and Hon. E. E. Villiers, to Col. Gawler, 34 August 1 840. The substantive question of the evils with which the colony is threatened by the exorbi- tant amount of bills that have been cast upon this country, is a subject too serious for us to enter upon in this despatch, upon the inaccuracies in their forms. The statement of their amount, and of the necessity for absolutely prohibiting their continuance, has been sub- mitted by us to Her Majesty's Government. But, in the meanwhile, it is not the less neces- sary to guard against an incorrectness of form which may further enhance the obscurity and confusion now unfortunately attending the course of colonial expenditure. We must now therefore request that the irregularity we have mentioned may be discon- tinued, and if, after the date at which this despatch shall reach the colony, any further bills should be sent to us open to the same objection, we shall feel that we have no choice but to refuse their payment, as drawn in an irregular manner, and not in accordance with the form which we have prescribed. We have, &c. His Excellency Colonel George Gawler, &c. South Australia. (signed) T. F. Elliot. E. E. Villiers. (No. 38.) E. Torrens and T. F. Elliot, Esqrs. to Col. Gawler, 14- Sept. 1840. — (No. 38.) — (No. 59. — Finance.) South Australian Colonization Office, Sir, 9, Park-street, Westminster, 14 September 1840. Not having any vessel about to sail for South Australia, we think it right to make use of the overland mail to acquaint you that, finding we have reached the end of all the funds in our hands, and observing by your despatch of the 26th February, (No. 17, Finance,) that there was expected to be a continued surplus expenditure of 120,000/. per annum not pro- vided for from any colonial resource, we have felt it necessary for the last fortnight to t refuse acceptance of all further bills whatever, until we have received the instructions of Her Majesty's Government, before whom we have brought a full view of the whole case. You will doubtless receive a copy of our communication on the subject from Lord John Russell, as well as the earliest intimation of the decision that may eventually be adopted. In the meanwhile it must be quite unnecessary to say that it will behove you to abstain from drawing any more bills upon this commission. We have, 8tc. His Excellency Colonel Gawler, (signed) Robt. Torrens. &c. &c. &c. T. Fred. EllioL (No. 39. Colonel Gawler to Colonization Com- missioners, 21 March 1840. Collector of Cus- toms and Harbour- master. Sheriff, Resident Magistrate, Super- intendent of Police, Postmaster-gene- ral, Surveyor-gene- ral, Land Office, Immigration, Colonial Surgeon, Aborigines. ^.B. The Enclo- sures, being very voluminous, are not presented in bulk, until it shall -appear whether the Committee desire them to be produced. — (No. 39.) — Extract of a DESPATCH from His Excellency Colonel Gawler to the Colonization Commissioners for South AustraUa, dated 21st March 1840. (No. 26. — Miscellaneous.) I HAVE the honour to forward the half-yearly reports ending the 31st December 1839, of the public departments named in the margin. They are not so regular and complete as the instructions of the Commissioners require, but I trust that the condition of the colony during the past year, the (what may truly be described as) miserable state of office accommodations, and the great and varied difficulties with which the Government has had to contend, will always be borne in mind in ex- tenuation. The current year has commenced with a different order of things. The public depart- ments generally are in the hands of men who are not merely zealous, but at the same time systematic and j udicious. I have the greatest confidence that Her Majesty's Government and Commissioners will, at its close, be satisfied with the manner in which its affairs have been conducted. I have allowed the different heads of departments to make their reports unbiassed by suggestions from me. In some points, therefore, they may naturally be expected to differ from my views. I will briefly remark on some subjects of importance in their reports, or in connexion with the general state of the province. The time that I have found it necessary for some months past to devote to the consideration of financial affairs, and to the introduction of a more complete system into the different pubhc offices, added to my, until very recently, most inconvenient office accommodations, and the heavy pressure of unavoidable daily business, has compelled me to withhold a full report from myself. ****** * * The sales of land in the colony have considerably decreased. This is nothing more than a necessary consequence of the purchases having far exceeded the pastoral and agricul- tural requirements of the population. The land already surveyed would well bear from 30,000 to 40,000 inhabitants, while the districts actually sold would support, in comfort, double those numbers. The really available land between the Gulf of St. Vincent and the Murray, including the course of the river from the " Great bend" downwards, might well contain from 100,000 to 200,000 inhabitants. It would be no disadvantage to the colony if land sales under the commission were to cease, until the territory already purchased were tolerably populated. There has been lately a most desirable depreciation in private prices of SELECT COMMITTEE ON SOUTH AUSTRALIA. 263 of land, necessarily consequent on over-purchases. Land proprietors are now contented with moderate profits, and settlers coming with money from England can obtain land, at moderate distances from Adelaide, at reasonable prices. In some cases land sells below the original cost, but these are only when it has been badly chosen, or that the owner is in haste to obtain money. For the present it is very much more to the advantage of the colony that emigrants should come with cash than with land orders. The province requires, not more land to be sold, but capital to be employed upon that which has been already appropriated. Absentee proprietors who leave their purchases unlocated and unimproved, are the greatest foes to the prosperity of the colony. It is much to be hoped that a Non- improvement Act may shortly be devised to remedy this evil, by judicious but heavy taxation. The survey department is for the time being of greater importance, has given much more trouble, and has entailed greater expense than any other public establishment. The circum- stances in which there are the greatest risks of mismanagement in connexion with it are the purchase, issues, and transport of stores. I found that Mr. Gilbert was quite unable properly to superintend these duties, embracing as they do intricate considerations with regard to parties widely scattered over the country, and extensive are his responsibilities as general storekeeper ; I therefore instituted the office of survey commissary, and appointed to it Mr. * * * * He, however, proved to be unequal to the task ; his accounts fell into confusion, and a short time before Mr. Frome's arrival, Mr. was appointed to succeed him. Mr. Frome at first hoped well of Mr. , but ultimately discovered that he was addicted to intoxication. * * * * Mr. Frome applied home for his dismissal, and recommended Mr, Holmes, formerly an officer in the Spanish Legion, to succeed, whose appointment I have confirmed. Irregularities of the kind above described are extremely harassing ; but they are, I find by experience, inseparable from the state of a new colony in which men are not known; in which persons of real intelligence and character are too well paid in private occupa- tions to seek for public offices, and in which, in consequence, persons really suitable for public situations are scarcely to be found. I assure the commissioners that I am unceasingly most anxious to have public offices properly filled, and that those who hold them should devotedly fulfil their respective duties. Much has certainly been done towards these ends, but I am free to acknowledge that much remains to do. (No. 39.) Colonel Gawler to Colonization Colli- missioners, 21 March 1840. R. Torrens, Esq. 4 April 1840. »T r.' N — (No. 40.) — (No, 27.— Fmance.) ^ gij. Adelaide, 4 April 1840. (^''- ^o-) . Befo'ke my departure for Port Lincoln, it has become necessary that I should take into ^°'^"''if,^ p!' '*j consideration our present method of drawing bills upon the Colonization Commissioners (our '■'■■ '° ' -""i- chief financial resource), in as far as my counter-signature is required to them. Bills upon the commissioners, either for payment of specific accounts, or as advised on the instant by the bank of South Australia for disposal, require now to be drawn almost daily by the colonial treasurer ; and, as drawn, are presumed to be counter-signed by me. The question has arisen, how this duty is to be performed in my absence from the seat of sovernment"? The natural arrangement would seem to be, that when the public mterests require my occasional absence, my assistant. Captain Sturt, should assume it ; but then I have reason to believe, that any other signature than my own, with which the colomsts both in this and the neighbouring provinces are now familiar, might be an obstacle to the xeady disposal of our drafts, . ri-i.Ti- Under these circumstances I have resolved on the following plan, of which I have now the honour to advise you, with the view that the bills drawn under it may not tail, tor want of necessary explanation, to be duly honoured. I purpose to leave a certam nuniber of blank bills, numbered from 260 to 320 inclusive, in the hands of the treasurer, to which I shall attach my counter-signature, leaving them to be filled up and disposed ot by the treasurer as demands are made upon him for drafts, but with the limitation that these bills shall not in all exceed 20,000 Z. . r ^J ■ ^, ... u^ But to these bills it will be impossible for the accompanying " Letter of Advice, to be filled up in the usual prescribed form as regards the certificate signed by me, inasmuch as I cannot say of bills drawn in Adelaide, at a time when I am at Port Lincoln that 1 havT^h s dL countersigned, &c." My intention, therefore, is to direct that the letters of advice shall be altered^ccording to the form attached; m which shape accordingly the bills drawn upon the commissioners during my absence, will conie before them, it this plan IS not entirely free from objection, I regret that I cannot, under all the circumstances, see anv other, but what is less so. , 1 /c j • c The colonial treasurer will be instructed to communicate constantly to tne officer admmis- terino- at the seat of government, during my absence, the particulars of the bills drawn by him. , , „ •' 1 have, etc, (signed) George Gawler, Colonel Torrens, Chairman, &c, ^ ^ Resident Commissioner. 0.21. ^''^4 264 APPENDIX TO REPORT FROM THE (No. 40.) Colonel Gawler to R. Torrens, Esq. 4 April J 840. End. in No. 40. Enclosure in No. 40. Letter of Advice. No. 260. . r, A ,- Adelaide, South Australia, Gentlemen, day of ^ ' !» • I HAVE the honour to inform you that I have dravyn upon you a Bill of Exchange^ No. , dated ,18 , payable to the order of , at sixty days after sight, for the sum of , vphich is a payment to The authority for this payment (no part of which is made in advance) is contamed I have the honor to be. Gentlemen, Your obedient humble servant. Colonial Treasurer, to be I have thio day countersigned a Bill of Exchange ^ drawn upon you, of-whiob the abovo io a true dcocription ^ and numbered 260. (signed) G. Gawler, Colonial Commissioner. To the Colonization Commissioners for South Australia. (No. 41.) R. Torrens, and T. F. Elliot, Esqrs. and Hon. E. E. Villiers, to Col. Gawler, 25 Nov. 1840. — (No. 41.) — > (No. 72. — Finance.) South Australian Colonization Office, Sir, 9, Park-street, Westminster, 25 November 1840. We have received your despatch, (No. 27, Finance,) dated 4th April 1840, in which you inform us, that in consequence of your intended , departure for Port Lincoln, you had deemed it expedient to leave in the hands of the treasurer, the bills of exchange, num- bered from 260 to 320 inclusive, namely, 61 bills, signed by you in blank, and that you had so altered the printed letter of advice which would accompany those bills, that they should no longer express an acquaintance on your part with the contents. You inform us also, that you had imposed upon the treasurer the limitation that the amount of these bills should not in all exceed 20,000/. We regret that we are compelled to express our dissent from the judgment which you have exercised on this occasion. It appears to us, that under no circumstances should a subordinate officer, acting alone, have been empowered to exercise that final control over the issue of pubhc money which had been entrusted solely to the Resident Commissioner and Governor : and still less should such a power have been left in his hands, to an extent involving an expenditure ■ in two or three weeks, of a sum of money exceeding by more than one-half the whole for which there was authority to draw upon this Board through- out the year. Pending the reference of all the financial questions connected with South Australia to the judgment of the House of Commons, we have adopted the course of abstaining from any general discussion of subjects of that nature in our despatches. But we feel bound to record our objection to the principle of the rneasure taken on the present occasion, in order to guard against its being drawn into a precedent, and to express our desire that it may not be repeated. As the object of the support which Her Majesty's Government has given us, in endea- vouring to meet the liabihty for the colonial drafts, is to support the credit of the colony, we shall offer our recommendation that those bills which contained on the face of them no informality which could have been noticed by the holders, may be paid in common with the rest. Nevertheless, the irregularity is of such a nature, that we shall feel it our duty, distinctly, to submit the question to Her Majesty's Government, and to receive their instructions before we assume that these are to be dealt with in the same manner as other bills. We have, &c. (signed) Robert Torrens. T. Frederick Elliot. Edward E. Villiers. (No. 42.) Colonel Gawler to Colonization Com- missioners, 20 Aug. 1840. — (No. 42.) — (No. 47. — Finance.) Gentlemen, Government-House, Adelaide, 20 August 1840. In reference to my communication of the 4th April last (Finance, No. 27), on the subject of the colonial treasurer's drafts on the Colonization Commissioners during my absence from the seat of government at Port Lincoln, I have now the honour to inform you, that the public service requiring that I should set out in a few days for the Murray,' from which I may not return for some weeks, an arrangement similar to that advised in such communica- tion has again become necessary. Accordingly,, SELECT COMMITTEE ON SOUTH AUSTRALIA. 265 Accordingly, the letter of advice attached to the bills of exchange drawn by the treasurer during my absence, will be altered according to the form attached. I cannot at present state the number of the bills of which the letters of advice accompa- nying will be thus altered, as I cannot foresee how many bills may be drawn between tbis and my departure, of which the letters of advice will of course remain unaltered ; but I conceive they will be all bills drawn from about the 25th instant to perhaps the 1 4th or 15th of next month, which I reckon will be the farthest probable date of my return to Adelaide. The colonial treasurer has instructions not to allow his drafts in all to exceed 12,000 L (twelve thousand pounds) during my absence. I have, &c. (signed) George Gawler, The Colonization Commissioners for Resident Commissioner. South Australia, &c. &c. 8tc. (No. 42.) Colonel Gawler to Colonization Com- missioners, 20 Aug. 1S40. Enclosure in No. 42. Letter of Advice. Adelaide, South Australia, Gentlemen, day of 18 . I HAVE the honor to inform you that I have drawn upon you a Bill of Exchano-e No. , dated 18 , payable to the order of , at sixty days after sight, for the sum of , which is a payment to The authority for this payment (no part of which is made in advance) is contained. I have the honor to be. Gentlemen, Your obedient humble servant, ' Colonial Treasurer, blank form of to be I have thio day countersigned ^ a Bill of Exchange ^ drawn upon you, e f wbicb tbo abov e in a tru e dcooriptiop, to be numbered. (signed) G. Gawler, To the Colonization Commissioners Colonial Commissioner, for South Australia. End. in No. 4.2. — (No. 43.) ■ (No. 54. — Finance.) Gentlemen, Adelaide, 24 November 1840. I HAVE the honour to inform you, that immedia;tely before the opening of the new road to the new port, section (A), the manager of the South Australian Company made to me a for- mal proposal to dispose of the road altogether to the government, or to give up the tolls on it for an annual consideration of 15 pet cent, on the actual outlay. The first I refused ; to the second I acceded for one year, with a reduction of the interest to 12 ^ per cent., or for two years at the same interesty if the decision of the Commissioners , in regard to continuance should not ai'rive before the commencement of the second twelve- month. The advantage and encouragement afforded to the trade and commerce of Adelaide in this time of considerable despondency and depression, by dispensing with the incumbrance and embarrassment of heavy tplls on the road, were my reasons for preferring this change of arrangement. Vessels entering the harbour, have an immense saving in time by the convenience of the landing-places which ar6 made available by the road ; I therefore propose to lay on them an average duty of Is. per ton, which- it is calculated will cover the interest promised the company, without any increase of machinery for its collection. Cost of the road to the company, in round numbers Annual interest thereon, at 12 § per cent. - - - Tonnage entered for the half-year to 30th June - Annual amount of dues, at an average of Is. per ton - 13,400?. 1,775 Z. 18,000. 1,800/. (No. 43.) Colonel Gawler to Colonization Com- missioners, 24 Nov. 1840. Besides these, light simple tolls may be put on the road for common repairs and super- intendence. I have no intention of improving the road, or of making extensive repairs. It still strictly belongs to the company, and it is for them to undertake any substantial work of these kinds. The good policy of continuing this aiTangement or not beyond the first year depends, it appears to me, on two points ; — 1st. The revival of the colony from the check now working from external causes to an activity of trade and commerce corresponding to its capabilities. 2d. The non-cottstruction of a road from Adelaide direct to the branching off of the north arm. 0.21. II " 266 APPENDIX TO REPORT FROM THE (No. 43.) Colonel Gawler ta Colonization Com- missioners^ 24 Nov. 1840.. If trade and commerce were as active as, looking to the capabilities of the colony, they ought to be, and the communication with the north arm were accomplished only by a bridge or ferry at section (A,) and a road from it along the west bank of the harbour, the company's road would yield in tolls 12 J per cent, per annum, and a surplus for repairs. The company might be induced to limit the period of receiving this interest, say to eight years, the road afterwards becoming free to the public. They deserve, in justice, a direct remuneration for the great risk and enterprise of under- taking it, for which also they were promised tolls to the amount of 25 per cent, if they could be raised ; but they have received a large indirect remuneration in the great value which it has given to their property at Section (A). A road from Adelaide direct to the north arm would probably take off the larger propor- tion of the traffic from the company's road, and render it impossible, until the population should be very much increased, to raise a sufficient sum in tolls from the last-meptioned line of communication. I have, &c. (signed) George Gawler, The Colonization Commissioners for Resident Commissioner. South Australia. Paper, No. 16. (A.) MONTHLY STATEMENT of Ways and Means for the Year 1840, on the assumption of a Loan of £. 120,000 having been raised in June, payable by equal Instalments in the Months of July, September, and November ; and also on the further assumption of one Emigi;ant Ship having been dispatched in each of the Months of September, October, and November. ASSETS AT THE DISPOSAI- OF THE COMMISSIONERS. CLAIMS DUE, AND SUPPOSED TO BE PAID DURING V THE MONTH. Balance which would have been in Sums known to be Estimated Surplus MONTH. Hand at the receivable TOTAL. REVENUE. EMIGRATION. TOTAL. at the Commencement of the l^Ionth. during the Month. End of the Month. 1840 : £. s. d. £. £. s. d. £. s. d. £. s. d. £. S. d. £. S. d. January - 74,435 2 6 - lA-AiS 2 6 1,284 12 11 13,467 1 6 14,751 14 5 59,683 8 1 February - 63,995 H 8 - ^3,995 14 8 1,572 7 4 7,560 12 9 9,133 - 1 54,862 14 7 March 78,731 i8 7 - 78,731 J 8 7 7,900 4 10 13,406 9 21,306 13 10 57,425 4 9 Aprd 63,604 7 9 - 63,604 7 9 3,577 1 1 11,830 12 10 15,407 13 11 48,196 13 10 May 54,848 6 5 - 54,848 6 5 3,630 8 7 10,468 1 7 14,098 10 2 40,749 16 3 June 51,375 18 5 - 5J,375 18 5 10,205 11 4 11,806 11 11 22,012 3 3 29,363 15 2 July 37,272 2 10 40,000 77,272 2 10 7,571 - 5 1 1,620 4 5 19>191 4 10 58,080 18 - August - 72,841 18 1 - 72,841 18 1 17,378 4 8 18,555 4 5 35,933 9 I 36,908 9 - September 53,412 2 2 40,000 93,4J2 2 2 9,954 14 11 18,510 2 7 28,464 17 6 64,947 4 8 October - 74,915 15 1 - 74,915 15 1 5,332 11 2 14,133 3 2 19,465 14 4 55,450 - 9 November 61,762 14 5 40,000 101,762 14 h 10,002 12 1 10,390 6 8 20,392 18 q 81,369 15 8 December 87,584 17 6 * " 87,584 17 6 9,184 3 1 8,431 7 11 17,615 11 69,969 6 6 In order that this Statement may convey a correct view of the two Funds, I feel it my duty to submit the subjoined Analysis, as properly belonging to the " Ways and Means" of December 1840, and as being in accordance with a similar Statement submitted by me at the end of tlie year 1839 to the then Commissioners. Analysis of the Surplus at the end of the Year 1840 : Surplus upon the Emigration Fund Ditto - - Revenue Fund - Total, as above £. s. d. 27,566 7 7 42,402 18 11 69,969 6 6 Assuming that the Loan of 1 20,000 Z. had been raised, the amount of Debt due from the " Revenue Fund" to the " Emigration Fund," on the 31st December 1840, would have been . - . . . And there would have remained in hand upon the Revenue Fund on the 31 st December 1 840 (as stated above) the sum of -----------....- Showing a deficiency of Assets to pay the Debt then due to the Emigration Fund of - - £ South Australian Colonization Office, \ 9, Park-street, Westminster, 25 March 1841. J £. s. d. 44,304 12 - 42,402 18 11 1,901 13 1 Joseph Jackson, Accountant. SELECT COMMITTEE ON SOUTH AUSTRALIA. 267 (B.) MONTHLY STATEMENT of Ways and Means for the Year 1840, on the assumption of a Loan of £.120,000 having been raised in June, payable Monthly, by Six equal Instalments, commencing on the 1st of July; and also on the assumption that no Emigrant Ship was dispatched after August. ASSETS AT THE DISPOSAL OF THE COMMISSIONERS. CLAIMS DUE, AND SUPPOSED TO BE PAID DURING THE MONTH. Balance which would have been in Sums known to be Estimated Surplus MONTH. Hand at the Commencement of the Month. Receivable during the Month. TOTAL. REVENUE. EMIGRATION. TOTAL. at the End of the Month. 1840: £. S. d. £. «. d. £. s. d. £. s. d. £. *.- d. £. s. d. £. s. d. January - 74;435 2 6 - 74,435 2 6 1,284 12 11 13,467 1 6 14,751 14 5 59,683 8 1 February - 63,995 14 8 - 63,995 14 8 1,572 7 4 7,560 12 9 9,133 - 1 54,862 14 7 March 78,731 18 7 - 78,731 18 7 7,900 4 10 13,406 9 - 21,306 13 10 57,425 4 9 April 63.604 7 9 - 63,604 7 9 3,577 1 1 11,830 12 10 15,407 13 11 48,196 13 10 May 54,848 6 5 - 54,848 6 5 3,630 8 7 10,468 1 7 14,098 10 2 40,749 16 3 June 5i,375_l8 5 - 51,375 18 5 10,205 11 4 1 1,806 11 11 22,012 3 3 29,363 15 2 July 37,279 2 10 20,000 — 57,272 2 10 7,571 - 5 11,620 4 5 19,191 4 10 38,080 18 - August 52,841 18 1 20,000 — 72,841 18 1 17,378 4 8 18,555 4 5 35,933 9 1 36,908 9 - September 53,412 2 2 20,000 — 73,412 2 2 9,954 14 11 16,760 2 7 26,714 17 6 46,697 4 8 October - 56,665 15 1 20,000 — 76,665 15 1 5,332 11 2 12,383 3 2 17,715 14 4 58,950 - 9 November 65,262 14 5 20,000 — 85,262 14 5 10,002 12 1 8,640 6 8 18,642 18 9 66,619 15 8 December 72,834 17 6 20,000 — 92,834 17 6 9,184 3 1 8,431 7 11 17,615 11 - 75,219 6 6 See Remarks subjoined to Statement marked (A.) South Australian Colonization Office, "I 9, Park-street, Westminster, 25 March 1841. J Joseph Jackson, Accountant. STATEMENT showing the Debt Chargeable upon the Revenues of the Colony, which would be due in England on the 1st May 1841, upon the assumptions contained in the Return of Ways and Means for the Year 1840, marked (A.), required by Colonel Torrens, and providing also for the Bills which have been estimated in the Returns made to the House of Commons. £. s. d. Balance due to the Emigration Fund on the 31st December 1840 - - -- - -- Bills which are not included in the Returns above referred to, and which have either been presented or are estimated to have been drawn in the colony and not yet presented, as by statements submitted to the House of Commons .------------•"• Other claims upon the Revenue Fund to the 1st May 1841 Deduct Balance in hand on the 31 st December 1840, as per Statement of Ways and Means for 1840 ■ Which leaves a Debt not represented by Bonds amounting to the sum of Amount of Debt in 10 per cent. Bonds Ditto - - 6 — Annuity Bonds ..-------- Ditto Bonds for the New Loan 44,304 12 - 79,647 16 1 17,978 13 5 141,931 1 6 42,402 18 11 Total Debt in England ist May 1841, chargeable on the Revenues of the Colony - £. 99.528 3 7 39,000 - - 46,800 - - 120,000 - - 305,328 2 7 South Australian Colonization Office,"! 26 March 1841, J Joseph Jackson, Accountant. 0.21. 112 268 APPENDIX TO REPORT FROM THE Paper, No. IJ. ■(No.l.)- (No. 1.) Sou(h Australian Commission, R. Torrens, Esq. to My Lord, 15 December 1840. LordJohn Russell, I request permission to explain the circumstances under which I have become 15 Dec. 1840. possessed of land in Souih Australia, and to submit for your Lordship's consideration, "~~— ^ whether these circumstances be such as to require the tender of my resignation as one of the Colonization Commissioners. The peculiar circumstances under which the colony of South Australia was established, rendered it a matter of tiecessity, rather than of choice, that persons connected with its government should take a proprietary interest in its soil. The most formidable di^culty which the commissioners had to encounter, upon entering upon their functions, was the fulfilment of the provision of the Act of Parliament, which required that before any steps could be taken towards founding the colony, a preliminary sale of its waste lands should he effected in this country to the amount of 35,000 /. To surmount this difficulty required extraordinary exertions; and it was found necessary to resort to new and unusual expe- dients in order to effect preliminary sales to the required amount. One of these expedients was to encourage all persons connected with the commission, or with the future govern- ment, to become purchasers of land. At a Board held on the 4th of July 1835, the fol- lowing resolution was adopted : " That each ofiicer, except the governor, be required, as a condition of his appointment by the Board, or recommendation to the government, to purchase land in the colony at the rate of 500 acres for every looZ. of salary." It was found impracticable to carry this resolution into full effect, and it was rescinded at a subsequent Board held on the 14th of July following ; but the principle which it involved was so far acted upon, that those candidates for appointments in the colony who became purchasers of land were considered, personal fitness being equal, to have a pre- ferable claim. The governor, the resident commissioner, the colonial secretary, the colonial treasurer, with other oflBcers, became purchasers of preliminary land orders. But this was still insufficient. Though the commissioners commenced their operations in May, yet the preliminary sales were not completed to the requisite amount until Decem- ber. On the 2d of that month the Board received a communication to the effect, that the colonial treasurer and several other officers had addressed a letter to the bankers, Messrs. Esdailes &Co., and Messrs. Curries & Co,, engaging to purchase from the commissioners such of the preliminary land orders as might not be paid up by the 24lh of the month; and that on receiving this guarantee, the bankers had each carried 4,500/, to the credit of the trustees of the land fund, and thus completed the investment of 35,000/. required by the Act. It was under the urgent circumstances now detailed, that I also consented to take a contingent personal interest in the land sales. To contribute to the utmost of my power in overcoming a difiiculty, which at one time appeared almost insuperable, and at the same time to encourage others by showing that I was not afraid to participate in the hazards of the novel enlerprize in which I advised them to embark, I resolved to incur a personal liability to the extent of 1,000 /. in promoting the completion of the preliminary sales ; and, not having that sum at immediate command, I prevailed upon nry friends to become pur- chasers of preliminary land orders, upon the understanding thai I was to be responsible to /them for returning, with interest at 5 per cent., the money they advanced. An under- - standing to this effect M'as entered into in June 1835, and in July 1838 I fulfilled my engagement by paying the money, and receiving from my friends the land orders which > they had purchased from the Board. When, in July 1S38, 1 became possessed of preliminary land orders in the manner just Vide Paper No q '^^^'^'^'^s<^» ^ was altogether unaware of the purport of a letter addressed by Mr. Stephen delivered to the ^° ^^^ commissioners on the 22d of October 1835, and laying down the principle "That Committee by "° commissioner who has acquired any personal interest in any contract entered into with G. F. Angas, Esq, ^^^ Board can any longer continue a member, but must be regarded as thenceforth dis- on the 4th March qualified to act in that capacity, and will be expected to tender an it^imediate resignation." 184], in Appendix, A period of nearly three years elapsed between the date of Mr. Stephen's letter and my p 197. acceptance of the land orders; and occupied as I was during the whole of that period with complicated business, and extensive and varied correspondence, the terms and scope ' of the instruction which that letter conveyed escaped my recollection. The impression left upon my mind was, that Lord Glenelg's instruction was applicable to the future, and not to the past; that it interdicted the purchase of land by the commissioners for the time to come, without interfering with the fulfiinient of engagements made by them with private parties prior to its announcement. In this view of the subject I was not singular. Previous to the receipt of Mr. Stephen's letter, one of my late colleagues had, like myself, engaged to aid the fulfilment of the con- ditions of the Act of Parliament by a pecuniary advance, and, subsequently to the receipt of that letter, made his engagement good. I believe nothing could more surprise the gentleman to whom I allude, than to be told that by so acting he had violated the instruc- tions of the Secretary of Slate, I have SELECT COMMITTEE ON SOUTH AUSTRALIA. 269 I have uniformly acted upon the impression that Lord Glenelg's instruction had reference (No, 1.") to the future, and not to the past. While abstaining from those further purchases of land, R. TorrensjEsq. to which, as my confidence in the success of the colony progressively increased, 1 should, had Lord John Russell, I felt myself at liberty to do so, have been so desirous to effect, I avowed as a legiiimate 15 Dec. 1840. transaction, violating no instruction, and under the circumstances praiseworthy rather than — the reverse, the acquisition of preliminary land orders in completion of engagements made with private parties, and in order to aid the establishment of the colony before any injunc- tion to the contrary had been issued. I might refer to my habitual language on the subject, and particularly to a conversation held with Mr. Viliiers soon after his appointment to the commission, for a confirmation of the fact, that I acted under the conviction that the instruction of Lord Glenelg, respecting the purchase of land by the commissioners, had reference to the future, and not to the past; and I may venture to add, that the circumstances themselves involve a species of . internal evidence testifying to the same. Had I known that my acquisition of land in the colony was incompatible with my seat at the Board, and had I, with this knowledge, aimed at the retention of both, concealment would have been sought, and as the land orders had not been purchased from the Board in my name, could have been without difficulty secured. My undisguised and public avowals of my possession of the land, and my strongly expressed desire to retain my position at the Board, supply a full presumptive proof that I could not have been aware that the principle laid down in Mr. Stephen's letter was applicable to my case. When, on Saturday last, I became acquainted with the real import of that letter, the propriety of addressing the present communication to your Lordship struck me instantaneously. In incurring a personal liability in order to advance the preliminary sales, I was actuated by a strong desire to contribute, to the utmost of my power, towards overcoming the formidable difficulty with which, upon first entering upon its functions, the commission had to contend. In fulfilling, in July 1838, the original engagement made with my friends in 1835, and thus becoming the proprietor of the preliminary land orders which I had prevailed upon them to purchase from the Board, I acted upon the Impression, that the instruction contained in Mr. Stephen's letter of 22d October 1835 did riot apply to the completion of contracts entered into previous to its date. The selection of the preliminary land orders, thus obtained,' was determined at the public and general lottery held in the colony ; they were chosen in the surveyed districts; they were not included in any of the special surveys ; and up to the present time I have realized no pecuniary advantage from them whatever. Part of the land I gave to my son, who has gone out to the colony ; ten acres of brick earth adjoining the park, I have given for the erection of a church. When offered a large sum for one of my sections by a capitalist proceeding to the colony, I refused to accept his proposal, but gave him the option of becoming the purchaser after he had seen the section, and resided for six months in the colony ; and, when the recent crisis came, apprehending that he might have availed himself of this option during the period of speculative prices, I wrote out releasing him from any contract which he might have entered into with the person authorized to put him in possession of the land. Such being the facts, 1 venture to indulge the hope, that even though it should be eon^ sidered that the re-purchase which I made in fulfilment of my original engagement, forms a contract with the Board bringing me within the scope of Lord Glenelg's instruction, and requiring the acceptance of my tendered resignation, I may yet be honoured by your Lordship's approval for having laboured with disinterested zeal, and perhaps with some success, in the performance of an important public service. Though 1 have no claim to the authorship of the plan of colonization adopted in South Austtalia, yet I was one of the first to advocate in my place in Parliament, and by subsequent publications, its leading principle, that the cos"t of emigration from this country may be defrayed by the value which immigration into the colonies confers upon the land ; and though the plan has broken down through causes which the Parliamentary Inquiry will explain, yet the prm- ciple of making the land support the emigration has been experimentally established. The systematic application of this principle throughout the British colonies will produce results, the magnitude of which can scarcely yet be seen, and will leave a record not to be effaced, of the minister by whom this great improvement has been effected. Should your Lordship be of opinion, that the circumstances now detailed require the acceptance of the resignation which I herewith tender, I would beg permission to request a favour not inconsistent with the course adopted in a similar case. In accepting the resignation tendered by Mr. Angas, in consequence of his having entered into contracts with the Board in his character of chairman of the South Australian Company, Lord Glenelg requested the continuance of that gentleman's services on the commission for a period not exceeding six months. Mr. Angas accordingly attended the Board for about that time, and took part in its proceedings. I desire exceedingly to remain in oflice until the close of the Parliamentary Inquiry ; and should my resignation be now accepted, your Lordship would confer on me a most acceptable obligation by permitting me to do so. I have, &c. The Right Hon. Lord John Russell, (signed) Robt. Torrens. &C. &C. &G. 0.21. 1^3 270 APPENDIX TO REPORT FROM THE (No, '2.) Lord John Russell to R. Torrens, Esq. 30 Dec. 1840. — (No. 2.) — Sir, Downing-street, 30 December 1840. I HAVE received your letter of the 15th instant, explaining the circumstances under which you have become possessed of land in South Australia, and tendering the resignation of your office as one of the commissioners for the colonization of that province, in the event of my considering the circumstances such as to render that measure necessary. After attentively considering the terms of the letter which, on the 22d of October 1835, was addressed by direction of Lord Glenelgto the Colonization Commissioners, in reference to the case of Mr. Angas, in consequence of which that gentleman retired from his place at the Board, I find it impossible to avoid the conclusion, that under the circumstances which you have explained to me, your own retirement is unavoidable, in consequence of your continued possession of a personal interest in a contract entered into with the Board of Commissioners. I am therefore compelled to accept the tendered resignation of your office. But, as in the case of Mr. Angas, Lord Glenelg permitted that gentleman to retain his seat at the Board for three months subsequently to the period from which his resigna- tion was accepted, I have no objection to the postponement for the same time, in your case, of the period from which your own retirement will be dated. It is not without much regret that I thus yield to the necessity which will- deprive Her Majesty's Government of the advantage which might otherwise have been derived from your experience and ability in the conduct of these affairs, and I wish to be distinctly understood as not intending to impute any blame to you for the conduct which you have observed in regard to the land of which you are the proprietor in South Australia. 1 view your case in the same light as that in which Lord Glenelg viewed the case of Mr. Angas, that is, as one in which it is indispensable to act upon a general principle, without the very slightest reflection on the officer iii whose person that principle is enforced. Colonel Torrens, &c. &c. I have, &c. (signed) J. RmselL (No. 3-)^ R. Torrens, Esq. to Lord John Russell 4 January 1841. -(No. 3.)- ^ _ V,„ South Australian Commission^ ' ,. My Lord, 4 January 1841, ,,' I HAVE the honour to acknowledge the receipt of your Lordship's letter, accepting, after the expiration of three months, the tender of my resignation as a member of the South Australian Colonization Commission. While I cannot but regret the prospect of disconnexion with the Board over which I have presided from its first formation, I bow, as it becomes me to do, to your Lordship's decision, I trust that I am correct in concluding, from the tenor of your Lordship's letter, that, while my resignation as a member of the South Australian Commission is accepted, my more extended and important functions, as a member of the Colonial Land and Emigration Board, are not withdrawn. Though my original acquisition of land in South Australia brings me within the terms of the letter of the 22d October 1835, subsequently addressed by the direction of Lord Glenelg to the Colonization Conimissioners, yet such acquisition, even upon the widest interpretation of the terms of that letter, could not, as I conceive, be fairly considered as disqualifying me from serving on a commission appointed, not for South Australia, but for the other colonies. Nevertheless, to persons not fully acquainted with all the circumstances, there might be an apparent connexion between the separate functions, hazardous at some future time to the security of my position; Under this apprehension, I beg permission to request that your Lordship may be pleased to cause a record to be inade, setting finally at rest the question whether the possession of land in' South Australia can be considered as a disqualification for the important office to which your Lordship has appointed me, for administering the public land and emigration of the other British colonies. I have £cc. The Right Hon. Lord John Russell, &c. (signed) ' Robert Torrens. (No. 4.)- Lord John Russell to R. Torrens, Esq. 11 January 1841, — (No. 4.)— ' ' ^"'' Downing-street, 11 January 1841. I HAVE received your letter of the 4th instant requesting that I would cause a record to be made, setting finally at rest the question whether the possession of land in South Australia can be considered as a disqualification for the office of a commissioner for the management of the lands of the Crown in the other British colonies, and the emigration to them. * In compliance with your wishes, I have therefore to state, that I do not consider the mere circumstance of your holding land in South Australia as a. disqualificatioti for your retaining your place in the more general commission of which you are a member. On the other band, it does appear to me that your resignation of your place at the South Australian Board must involve as an unavoidable consequence your retirement from the general SELECT COMMITTEE ON SOUTH AUSTRALIA. 271 general commission, because it would be contrary to the principle on which the two com- (No. 4.) missions have been consolidated, that any person should be a member of the one who, for I-ord John Russell whatever reason, is disqualified from acting as a member of the other. to R. Torrens, Esq. 11 January 1841. Colonel Torrens, &c. &c. &c. (signed) ' J. Russell. ' — (N0.5.) — South Australian Commission, My Lord, 13 January 1841. (No. 5 ) I HAVE the honour to acknowledge the receipt of your Lordship's letter of the 11th R, Torrens, Esq. to instant, informing me that the circumstance of my holding land in South Australia is not Lord John Russell, considered as a disqualification for my retaining my place at the more general commis- 13 January 1841. sion ; but that it appears to your Lordship that my resignation of my place at the South ____ Australian Board renders unavoidable my retirement from the general commission ia consequence of the consolidation of the two commissions. As there are two points con- nected with this subject which have not hitherto been adverted to, I would now request to be permitted to bring them under your Lordship's consideration. My experience of the working of the system leads me to infer, that the result of the Parliamentary Inquiry may be a recommendation to repeal the Act constituting a separate commission for South Australia, and to assimilate that colony with the other Australian settlements under the General Land and Emigration Board. Under this impression, may I be allowed to inquire whether, in the event of the abolition of the South Australian Commission, the disqualification for continuing a member of it will be considered as a disqualification for retaining my place at the General Board. Your Lordship has decided, and to the decision I respectfully bow, that my retirement from the South Australian Commission is unavoidable in consequence of my continuing to possess a personal interest in a contract made with the Board of Commissioners. It is my intention to divest myself of the land which I hold in South Australia ; and I would therefore beg permission further to ask, whether, in the event of my being able to assure your Lordship that I no longer continued to possess a personal interest in a contract made with the South Australian Board, the disqualification would be considered as ceasing with the removal of its cause. Requesting indulgence for this renewed intrusion, I have, &c. The Right Hon. Lord John Russell, &c. (signed) Robt. Torrens. — (No. 6.) — Sir, Downing-street, 19 January 1841. I HAVE received your letter of the 13th instant, in which you inquire whether, " in the event of the abolition of the South Australian Commission, the disqualification for con- tinuing a member of it will be considered as a disqualification for retaining your place at the General Board." To this question I must postpone making any answer, until after the proposed Parliamentary Committee on the aflairs of South Australia shall have closed their inquiries. You next inquire whether, in the event of your " being able to assure me that you no longer continued to possess a personal interest in a contract with the South Australian Board, the disqualification would be considered as ceasing with the removal of its cause." To this question I answer, that the mere circumstance of your now divesting yourself of the land which you acquired in South Australia would not induce me to revoke, or modify, the decision which I have already communicated to you. I have, &c. Colonel Torrens, &c. 8cc. &c. (signed) J. Russell. (No. 6.) Lord John Russell to R. Torrens, Esq. ig January 1841. — (No. 7.)-- 9, Park-Street, Westminster, My Lord, 24 March 1841. (No. 7.) I BEG permission to request that your Lordship may be pleased to extend the time for R- Torrens, Esq. to the acceptance of my resignation as a member of the South Australian Board, until the Lord John Russell, Parliamentary Committee on the aflPairs of the colony shall have terminated its inquiry. 24 March 1841. The grounds upon which I venture to urge this request I shall proceed to submit to your " Lordship. The colony of South Australia, devised by Mr. Wakefield, was planted by me. When all the other commissioners nominated by Lord Monteagle abandoned the task, I con- tinued to persevere, and with the sanction of Lord Aberdeen, and of Lord Glenelg, organized a new commission for carrying the Act of Parliament into eff'ect. The planting of 15,000 settlers in South AustraHa was the result of my exertions ; and these 15,000, whom I urged from their homes, have been overtaken by a disaster endangering their welfare, perhaps their lives. Under the heavy responsibility pressing upon me, I felt it to be impossible to abstain from establishing the fact that the disaster would not have 0,21. II 4- occurred 272 APPENDIX TO REPORT FROM THE fNo 7 > occurred if my measures had not been overruled. I have pledged myself to the Committee K. Torrens Esq to *o demonstrate, that if a loan had been raised in June 1*540, when it might without diffi- Lord John 'Russell culty have been obtained, the crisis would have been averted until Parhanient could have 24 March 1841.' interfered. In order to redeem this pledge, it is essential that I should continue to have — — — — the accounts and correspondence of the commissioners at my command, and to have authority over the affairs of the establishment. These are the circumstances under which I solicit your Lordship to postpone my retirement from the South Australian Board until the inquiry of the Parliamentary Committee shall have closed. I have, 8tc. The Lord John Russell, (signed) Robert Torrens. &c. &c. — (No. 8.) — ,■1^ o V Sir ' Downing-street, 31 March 1841. J. Stephen Esq. to I AM'directed by Lord John Russell to acknowledge the receipt of your letter of the R. Torrens' Esq". 24th instant, and to acquaint you in reply, that under all circumstances his Lordship con- 31 March 1841. sents to extend the period of your final resignation of your office as a member of the South Australian Commission until the Parliamentary Committee on the affairs of South Aus- ■ tralia shall have terminated its inquiry. I have, &C. Colonel Torrens, &c. &c. &c. (signed) Jas. Stephen. Paper, No. 18. Copy of a MEMORIAL delivered in by E. G. Wakefield, Esq. on the 30th March 1841. Memorial of My Lord, London, March 1841. Bankers, Mer- We, the undersigned bankers, merchants, shipowners, manufacturers, and others, inte- chants, &c. to Lord rested in the colony of New South Wales, are dearous of respectfully soliciting your Lordship's John Russell. attention to the following statement of the views with which we propose to form an asso- March 1841. elation, through the operations of which the further settlement of that important colony, and — the more effectual developement of its great resources will be promoted. We have been mainly induced to entertain these views, by the indications which your Lordship's official acts have given of a more comprehensive, sound, and consistent policy than has hitherto directed the administration of colonial affairs. The formation of such associations as that which we contemplate, appears indeed to us an essential part of the sys- tem of colonization which your Lordship has sanctioned by your instructions to the Colonial Land and Emigration Commissioners. While it is the fitting function of a wise and befie^ volent government to exercise a controlling authority over the emigration of its people, and the settlement of its colonial possessions, to fix and maintain the principles on which the dis- posal of the public land* is to be conducted, and to watch -with jealous care the minutest details of those arrangements on which the comfort and even existence of the emigraiif depend, the business of carrying these purposes into effect, of making known the value of colonial lands, of inviting purchasers, of collecting emigrants, and of providing the means for transporting great numbers to the most eligible spots, can only be efficiently performed by individuals or companies, conducting their affairs according to mercantile habits,' and animated by the stimulus of mercantile gain. We believe, therefore, that we are carrying out your Lordship's views of a sound system, when we propose to effisct those operatioiTs of colonization which a Government Board may usefully superintend, but can never efficiently execute. It is peculiarly desirable that all the provisions of this improved system should be exten- ded-to New South Wales ; and that this colony, in addition to the advantages resultino- from the superintendence of a Land and Emigration Board, from a sufficient and uniform price of t land, and from the employment of the land fund in promoting the emigration of well-selected labourers^ should enjoy those which can best be obtained through the operations of a power- j, ful and active association engaged in the business of colonization. There is, perhaps, no possession of the British Crown where the full and perfect application of the improved sys- tem, together with the agency of such an assoijiation, is more wanted, and in which greater facilities are presented for their operations. The extent of land there, available for beneficial settlement of the most safe and profitable kind, may be fairly said to be unlimited, and for- tunately that land is peculiarly fitted for the raising of an exportable produce, for which the mother country furnishes an ample and steady demand, as the raw material of one of its great staple manufactures. The wealth of the coloiiy, in fixed .a.ud floating capital, in pro- portion to the population, is certainly without a parallel in the history of , colonies ; the amount of import and export trade actually far exceeds that of England itself, in proportion to number of people ; the colony has arrived at that scale of population, in which additional numbers may be received with the utmost ease and advantage ; and a great previous outlay has supplied ample means for the maintenance and employment of a great number xjf emigrants. But SELECT COMMITTEE ON SOUTH AUSTRALIA. 273 But the exigencies of the colony in respect of labour are quite as great as the facilities offered for its employment. The supply of labour has not for years past kept pace with the large demands which have been made by the rapid prosperity of New South Wales. Owing to the insufficiency of the supply of labour, the extension of its staple production has been greatly checked, and the maintenance of that production is placed in imminent jeopardy ; the .supply of the most essential articles of consumption has been rendered precarious, and the most necessary operations of improvement have been prevented or inefficiently executed. A great, though unavoidable, aggravation of this evil has been occasioned by the change recently accomplished by your Lordship in the economy of the colony. The abolition of transporta- tion to New South Wales, and the consequent deprivation of convict labour, render more urgent the adoption of some efficient measure for the large and steady supply of free labour to the colony. The establishment of a powerful association, the effect of whose operations will be to sup- ply New South Wales with labour, is therefore most desirable ; and in the improved value which land attains in a colony of such vast resources, by the introduction of people into it, we see a full security for its success, provided that the Government should enforce general principles of colonization, which we regard as absolutely essential to a favourable result, whether for the company or the public. No measure of colonization can be undertaken with confidence, or carried out with steadi- unless those who engage in it can feel assured that Her Majesty's Government are ness. disposed to give uniformity and permanency to the principles of colonization laid down in your Lordship's instructions to the Commissioners of Land and Emigration; at least that the price of land therein stated, should be fixed as a minimum. It is not necessary that we should be at any pains to point out to your Lordship how essential the conditions of unifor- mity and permanency are to the beneficial operation of the principle there laid down. To put a high price on land sold at one time and one place, while at other times and places it is given away or sold for an inadequate price, would be merely an useless and palpable injus- tice to one, and an unwarrantable favour to another set of grantees. In the next place, it is of importance to those embarking their capital in an enterprize such as that contemplated by us, that the principle of extending the whole proceeds of land sales exclusively to the introduction of labour into the colony should be applied, not only to the purchases effected by ourselves, but, generally, to all which may be made of land in New South Wales. If this principle be loosely or partially adopted, those whose money is thus apphed will be, in fact, importing labour for the benefit ot estates which have not contri- buted to the common object. At present, however, the utmost uncertainty and irregularity prevail on both points. Without some further guarantee for the full and permanent application to the Australasian colonies of those principles which have met with your Lordship's approval, the proposed association could not invest its capital, with any security against the depreciation of its property, by subsequent sales to others at inadequate prices, or, which is of equal impor- tance, with any security for the application of the purchase-money of the lands of the colony to those objects, on the attainments of which we believe that the success of our enterprise would entirely depend. It is not from any wish to avail ourselves of your Lordship's natural inclination to encou- rage such enterprises as that which we contemplate, that we have been induced to bring under the notice of the Government our ideas of the right system that should be adopted with regard to the public lands, and to put these forward as points on which we request an assu- rance ofthe policy which Government is prepared to follow out. Your Lordship will see that the results of any large purchase in colonial lands, or of any extensive operations for the promotion of emigration, must be materially affected by the system pursued by the Government with respect to the subjects in question ; and that to ask for some assurance of the adoption of what we regard as a sound system, is a duty which we have to discharge before we invest our own property, or invite others to embark theirs, in the enterprize which we contemplate. , p , , , , We trust that your Lordship will not be disposed to look unfavourably on the general principles of colonization here adverted to, the adoption of which we deem essential to the success of the projected company ; and in the hope that your Lordship will give them that sanction to which we venture to think that their soundness and beneficial tendency entitle them, we have already made some progress in preparing the plan and means by which we propose to assist in giving them large and immediate effect. , , . tvt c x, . We propose to foW a company, for the purpose of buying and selhng land m New South Wales and of conveying young emigrants, of both sexes, to the colony. As the Govern- ment would, we trust, find in us an efficient instrument of colonization, we calculate upon us encouraging us to purchase land in large quantities ; and, with a view to facilitate our ope- ration, on its allowing us to survey waste lands for ourselves, with a deduction on that account from the purchase-money. . , , , i~i The purchase-money to be laid out in emigration, either by the Government,^ would probably be found preferable, by the company, under the super\ and Emigration Commission. , x i xu x Awaitmg your Lordship's answer to this communication, to enable us to take those steps which remain requisite for carrying our views into practical effect. To the Right hon. Lord John Russell, m. p. &c. We have, &c. 8cc. Colonial Oflice, Downing-street. or, which rvision of the Land Memorial of Bankers, Merchants, &c. to Lord John Kussell, March 1841. 0.21. mm 274 APPENDIX TO REPORT FROM THE Paper, No. 19. Papers delivered in by Colonel Robert Torrens, Tuesday 30 March 1841. Papers delivered in FINANCIAL STATEMENT, showing the Amount of the Funds which would have been in the by Col. Torrens hands of the Commissioners on the 1st of January, the 1st of February, and the 1st of March 30 March 184.1' 1841, after the Payment of all Liabilities fallen due up to the first of each of those Months, and ^_' on the assumption that a Loan of £. 1 20,000 had been contracted for in June 1 840, and that Three Emigrant Ships of the ordinary class had been dispatched in the Autumn of that Year. Funds which would have been in the hands of the Commissioners after having paid all Liabilities fallen due. DdTE. REVENUE FUNE (. 1841 : 1 January Amount in hand - - - Amount of Deficiency - Amount of Deficiency - " " - " £. s. d. 9,757 1 11 — 1 February 13,060 3 11 — 1 March 17,519 1 5 Date. EMIGRATION FUND. Total in hand; 1841 : 1 January Amount in hand - - . . - Ditto - Revenue Fund £. 64,915 9.757 s. 10 1 d. 1 11 £. s. d. 74,672 12 - Amou De« Am Amou De( Am Total in hand - - - £. 74,672 12 - • 1 February nt of surplus - . - . iuct deficiency in Revenue Fund - ount remaining in hand - - - £. 61,813 13,060 17 3 2 11 48,753 13 • 3 49,753 13 3 1 March nt of surplus - - . . Iuct deficiency in Revenue Fund - ount remaining in hand - - - £. 57,533 17,519 16 1 7 5 40,014 15 2 40,014 15 2 South Australian Colonization Office,"! 30 March 1841. J Joseph Jackson, Accountant. (B-) Financial Position, January to June 1840. Date Liabilities. Assets. StJK-PLtrs. 1840 : 1 January - As per former statement Received during January Debts incurred ditto - Totals - - . £. Paid during January - Totals . - - £. Received during February Debts incurred ditto - Totals - - - £. Paid during February - Totals - - . £. £. s. d. 43,726 15 5 9,060 4 3 £. s. d. 73.863 12 3 867 12 3 £. s. d. 30,136 r6 10 52,786 19 8 6,916 9 8 74,731 4 6 6,916 9 8 1 February - 45,870 10 - 7,334 10 - 67,814 14 10 15,634 14 3 21,944 4 10 53,205 - - 1,682 11 1 83,449 9 1 1,6«2 11 1 1 March - 51,522 8 11 81,766 18 - 30,244 9 1 SELECT COMMITTEE ON SOUTH AUSTRALIA. 275 Liabilities, Assets. Surplus. 1840: Received during March - Debts incurred ditto - Totals - - . £. Paid during March Totals - - - £. Received during April - Debts incurred ditto - Totals - - - £.' Paid during April Totals - - - £. Received during May - Debts incurred ditto Totals - - - £. Paid during May - Totals •- - - £. £. s. d. 9,^05 9 6 £. s. 877 16 d. 1 £. s. 21,316 15 12,067 3 3,453 2 d. 61,327 18 5 15.537 7 11 82,644 14 15.527 7 1 11 1 April 45,800 10 6 15,581 16 4 67,117 6 6,332 4 2 4 8 61,382 6 10 9,663 10 10 73.449 10 9,663 10 6 10 1 May 51,718 16 - 9,797 19 6 63,785 19 1,183 18 8 4 8 61,516 15 6 9,863 - 8 64,969 18 9,863 - 8 1 June 51,653 14 10 55,106 17 4 6 Papers delivered in by Col. Torrens, 30 March 1841. N. B,. — Bills drawn from the Colony amounting to the sum of 1 5,520 /. 3 s. 2 d. were presented and accepted in the month of June. Joseph Jackson, Accountant. STATEMENT showing the Debt chargeable upon the Revenues of the Colony, which would be due in England on the 1st May 1841, " Assuming the Expenditure as per 'Ways and Means ' for 1840, marked (A.), and that the Loan of 155,000^. is received from the Govern- ment, instead of the Loan of 120,000/. as assumed in that Statement," and providing also for the Bills which have been estimated in the Returns made to the House of Commons, Balance due to the Emigration Fund on the 31st December 1840 - Bills which have either been presented or are estimated to have been drawn in"| the Colony, and not yet presented, as by Statements submitted to the House > of Commons - ..- .-..--Ji Other claims upon the Revenue Fund, to the 1st May 1841, unpaid Total of the above Unpaid - - - £. Deduct Cash in hand - - - - - - - £. 387 7 - Loan from the Government i55,ooo - - Which leaves a Debt not represented by Loan - - - £. Add Loan on 10 per cent. Bonds -------- Loan on 6 per cent. Bonds -------- Loan from the Government --------- Total Debt in England, on 1st May 1841, chargeable! _ £ on the Revenues of the Colony - - - -J £. s.. d. 97,840 8 10 102,649 14 1 14,650 6 8 215,140 9 7 155,387 7 - 59,753 2 7 39,000 - - 46,800 - - 155,000 - - 300,553 3 7 South Australian Colonization Office,"! 30 March 1841, J Joseph Jackson, Accountant, 0.21. mmi 276 APPENDIX TO REPORT FROM THE Paper, No. 21. Sir George Gipps to Lord J. Russell, 27 Oct. 1840. Copy of a DESPATCH from Governor Sir George Gipps to Lord John Russell. (No. 170.) Government House, Sydney, My Lord, 27 October 1840. In my despatch of the 11th April last, (No. 56,) I detailed to your Lordship (whilst reporting- on the case of the Messrs. Henty) the circumstances under which I considered that it would shortly be necessary to form a government estabhshment at Portland Bay ; and in that part of my despatch of the 28th September last (No. 139,) which relates to the south- western parts of this colony, I alluded to the circumstances under which a town had been laid out at Portland Bay, and the first allotments of land advertised for sale on the 1 5th of the present month ; as an appendix to the last-mentioned despatch, I also forwarded the report which was made to me on Portland Bay and the adjoining country, by the surveyor (Mr. Charles Tyers) who had been employed there. As the sale of these allotments took place at Melbourne on the 15th instant, I have not yet received an official account of it ; but I learn, from authentic sources, that 337 acres offered for sale, produced the sum of 17,245 I. 10 s. 5 d., being at the average rate of more than 50 Z. per acre. The sale included 20 acres of building land in the proposed town, which sold at the rate of 551 I. 6 s. per acre ; 50 acres of land fit for gardens, or the erection of villas, in the imme- diate neighbourhood of the town, which produced 64 Z. per acre, and 267 acres of land fit for cultivation, within the distance of two miles from the town, which sold for 11 /. 7 s. per acre. When it is borne in mind that as yet only one house (that of Mr. Henty), exists in the: place, and that the nearest government establishment is 150 miles distant, this result will, I doubt not, be considered by your Lordship as highly satisfactory ; at any rate I trust it will be taken as a proof that the measures which I adopted for opening the district were not premature. I have further to report to your Lordship, that I have appointed Mr. James Blair to be police magistrate at Portland Bay, with the same salary and allowances as were granted to Captain Lonsdale at the first opening of Port Philip, and reported in Sir Richard Bourke's despatch (No. 101,) of the 15th September 1836. I have also appointed Mr. F. A. Powlett to be Commissioner of Crown Lands for the district between Portland Bay and Port Phihp, in which grazing stations are rapidly increasing, and where unfortunately collisions between the stockmen and the aborigines have been frequent. Mr. Blair has been for sometime a police magistrate, in a district situated between Sydney and Bathurst ; and, from his experience and intelhgence, is likely to give satisfac- . tion in the performance of his duties. Mr. Powlett, being personally unknown to me, has been appointed on the recommendation of Mr. La Trobe. I cannot abstain from remarking to your Lordship, that had Portland Bay been opened on the South Australian principle, the produce of the sale of land now reported would have been 337 Z., instead of 17,245 Z. 10s. 6d. 1 have, &c. (signed) George Gipps^ Paper, No. 23. Lieut.-Governor Sir J. Franklin, to Lord J. Russell, 22 Oct. 1840. Copy of a DESPATCH from Lieutenant-Governor Sir JbAn -PranMn to Lord Johii Eussell. (No. 136.) ,, ^ , Van Diemen's Land, Government House, My Lord, 22 October 1840. Is my despatch respectmg the estimated expenditure of the Government during the ensumg year, I have adverted to the question of emigration, and in connexion with it, I have now the honour to address your Lordship upon a measure which, if entertained, will, I submit, be the means of increasing the source of revenue available for importing free labour mto Van Diemen's Land. Experience has proved that the present system of disposing of lands by auction is not calculated to secure the Crown the full value of the lots so offered for sale, whilst it induces a spirit of gambling, and creates ill-feeUng between neighbouring settlers, which, at all times Undesirable, is especially so in a small community. It SELECT COMMITTEE ON SOUTH AUSTRALIA. 277 It is true that this spirit, in some cases, causes the lauds offered to pubhc compelition Lieut.-Governor to be sold at prices far exceeding their just value, but such instances are rare ; combina- Sir J." Franklin tions to obtain land at its up-set price may be regarded as the general rule of practice of to Lord J. Bussell, the settlers, and competition between each other the exception. 22 Oct. 1840. Under existing circumstances no newly-arrived capitalist can hope to purchase land from • the Crown in oppositition to older settlers. Considerable tracts of valuable soil still remain the property of the Crown, but are more or less depastured by the flocks and herds of surrounding proprietors, and your Lordship is probably aware that the value of many estates in this colony depends upon the extent of what is termed their " back runs," which are frequently Crown property. If any portions of these are put up for sale, a stranger is not allowed to become the purchaser at any price. In general, however, two neighbouring proprietors are interested in each lot of land put up, when an understanding is come to, by which, whatever private arrangement may be made between them, the Crown seldom realizes more than the minimum price. As an example of this, I may mention that at a recent sale, when ai.ooo acres were exposed for sale, those lands only were purchased which, having been applied for before the minimum price was raised to 12s., were put up at 5s. an acre, and the average of the sale did not exceed 9s. 7 1 d. an acre. Those lots which were offered at 12s. an acre were not even bid for. On the other hand, the few remaining unlocated orders for land are edigerly sought after, and readily realize upwards of 20s. an acre; the settlers who are anxious to secure parti- cular tracts gladly giving such prices. I am fully convinced that the system of selling Crown lands at a fixed price is the mode best calculated to obtain on the average their real value; I was, therefore, glad to learn from your Lordship's letter to the Land and Emigration Commissioners, of the 14th January last, that your Lordship was disposed to entertain the same view ; but with regard to those colonies in which the principle of sales by auction had obtained, you seem to entertain the fear that a change would be regarded with aversion. Such, I can assure your Lordship, would not be the case, so far as Van Diemen's Land is concerned ; the settlers have been too long accustomed to the purchase of unlocated land orders. Indeed, I am more than disposed to think that the sale of land orders gene- rally, at the fixed price of not less than 20s. an acre, would be regarded as a boon. If your Lordship should be pleased to authorize the adoption of this measure, which I strongly recommend, I would also suggest that the Crown should still reserve to itself the right of putting up to public competition any portion which it might be considered desirable so to dispose of. In like manner, I would also propose the sale of township allotments, the prices of which should be fixed by competent local authorities. These measures, I submit to your Lordship, would be likely to induce the emigration of capitalists to our shores, a species of emigration which has entirely ceased, by creating the certainty of their acquisition of land at a definite price ; would lead to the formation of new estabhshments on the remaining waste lands of tbe Crown, and would increase the means of importing free labour to the colony. I have considered this subject in the Executive Council, and transmit the advice of the meiribers; that of the colonial treasurer and chief police magistrate differs from that given me by the senior officer, archdeacon, and colonial secretary. I have, &c. The Right Hon. Lord John Russell, (signed) John Franklin. &c. &c. &c. Extract from the Minutes of an Executive Council held at the Council-room, Hobart Town, on the 15th October 1840. Present : His Excellency the Lieutenant-governor, the Senior Officer of Her Majesty's Land Forces, the Venerable the Archdeacon, the Colonial Secretary, the Colonial Trea- surer, the Chief Police Magistrate. Minute, No. 61. Read a minute on the subject of the disposal of Crown lands, by means of the sale of location orders, at a fixed price of not less than 20 «. per acre, instead of the present mode of sale by auction, which has been found to be productive of no good results to the Government, as far as the revenue is concerned ; nor to the public, inasmuch as it induces a spirit of gambling, and creates ill feeling, which, at all times undesirable, is especially so in a small community. The Colonial Secretary advises His Excellency to recommend to the Secretary of State the adoption of the plan proposed in the minute, and that sales by auction be totally discontinued. The Colonial Treasurer:—" I am of opinion that very great advantage mdeed would accrue to the public service from the plati proposed in the minute now read. 0.21. mm 3 "Iwotild, 2^8 APPENDIX TO REPORT FROM THE « I would, however, suggest that it might be better Tather to expose for sale by auction S"'S3n'^ l^^an^t location warrants for land, to such extent as the Government might from time to to Lord J Russell time deem it expedient to throw into the market. The minimum price might be retained 22 Oct 1840 at 12 s. per acre, and the public would always be certain, in consequence of the compe- ' tition which would take place, to obtain the real value of the property disposed of by it. " By adopting the course of offering location warrants for sale at a fixed price, the Government would not, I think, have it equally in its power to regulate the annual amount of sales, or to ensure the actual value being at ail times obtained for the property of the public. " The system of sales by auction of blank location warrants, would not, I submit, be liable to the strong objections which exist to the present sales by auction of blocks of land, of which objections I know of none greater than that which arises from the encou- ragement given by the present system to collusive arrangements between parties for the purpose of defrauding the Crown of the true value of its lands." The Chief Police Magistrate:—" I concur with the sentiments expressed by the Colo- nial Treasurer, with the exception that instead of the sales taking place at uncertain times, I think they should be quarterly, in order to afford the newly-arrived emigrant an oppor- tunity of obtaining land at an early date after his arrival ; and I am fearful, that if the location orders were sold at the up-set price of 20s. per acre, the plan would be the means of throwing out of the market many lands that would otherwise be sold at 12«., and which are not worth more, nor likely, under the existing circumstances of the colony, to increase in value," The Senior Officer and the Archdeacon concur with the Colonial Secretary, LETTER from G. F. Amos, Esq. to Lord John Russell. South Australian Company, 4, New Broad-street, My Lord, , London, 16 April 1841. G. F. Angas, Esq. I am desired by the Board of Directors of the South Australian Company to represent, to Lord J. liussell, vvith all respect to your Lordship, the great anxiety with which they view .the present 16 April 1841. protracted suspension of labouring emigration to South Australia; and in communicating ■ this feeling, I would refer to my opinion before the Parliamentary Committee, that the cessation of emigration had not been injurious. My intention was on no account to imply that supplies of labour should be indefinitely postponed, but that a moderate pause would be raiher beneficial; that pause I consider should not exceed the space of six months. The directors of the company beg to observe that the " Brightman," the last emigrant ship dispatched by the Colonization Commissioners for South Australia, sailed in August 1840, and were labouring emigration immediately resumed, a space of 10 months between the " Brightman's" departure and that of the next emigrant ship would intervene; while during the whole of that period many settlers of capital have proceeded to the colony, including several who are returning there for the second time. A considerable influx 0/ capitalists is expected from the neighbouring colonies, and from India, and many settler^ in South Australia are known to contemplate greatly enlarged agricultural pursuits, if they can obtain the needful labour at moderate wages. The Board of Directors beg to tender their grateful thanks to your Lordship for the promptitude with which your Lordship interposed to avert the danger to all interested in South Australia from the non-payment of the Governor's bills, but the Board earnestly entreat the continued support of your Lordship to the speedy repayment of the amount (reported as 56,000/.), withdrawn from the emigration fund, and its application to the early resumption of labouring emigration. The directors would observe that the entire emigration fund was raised because the land purchasers implicitly relied on the stipulation in the Act of Parliament, for all proceeds of land to be devoted to the supply of labour, and they further express their conviction that the colony will be seriously inconvenienced by the prolonged delay in its dispatch. Con- siderable anxiety is manifested by the various owners of colonial property resident in England, and intending settlers seem fearful to proceed, lest their pursuits may be frus- trated by the exorbitant wages likely to be required when the labourers of South Australia see the non-arrival of other workmen. Although ibe directors seek the early repayment of the whole amount due the emio-ra- tion fund, they do not desire its profuse expenditure; they hope your Lordship will enable the early dispatch of about 60 couples of labourers, to be followed by a similar number every month. U|{.on this moderate scale the present fund would continue emi ('ration for two years, and during that period considerable sales of land may be expected, as it is generally found that the regular dispatch of large emigrant ships promotes the investment of further capital in land. This measure would, at the same time, restore thp public confidence in South Australia. The directors further solicit your Lordship's attention to the importance of immediately empowering the Colonization Commissioners for South Australia to continue the sales of land, that intending settlers may still be enabled to procure free passages for their servants; for as the emigration season is commencing, it is very desirable that every facility should be SELECT COMMITTEE ON SOUTH AUSTRALIA. 279 be given to parties proceeding to South Australia, and that en)ployers of labour should G. F. Angas> Esq. have the same opportunity of being accompanied by their servants as they can obtain if to Lord J. Russell, going to other colonies. 16 April 184.1. The Board of Directors request me to state to your Lordship that their representations solely arise from desire for the general welfare of South Australia, as the large capital the company have embarked depends on the general success of the colony. I have, &,c. To the Right Hon. Lord John Russell, (signed) George Fife Angas, Her Majesty's Principal Secretary of State Chairman, for the Colonies. Paper, No. 24. South Australian Colonization Office, Sir, 7 April 1841. In pursuance of the desire expressed at the last meeting of the committee, we have the Corresjjondence honour to enclose a selection of the official correspondence on the subject of the conduct of ^^/P^.^^"?^ Mr. I Fisher and Mr. Gilles, vcho held the offices of resident commissioner and colonial iL'^'p-f, , treasurer in South Australia. ' We have, &c. Right Hon. Sir George Grey, Bart. m.p. &c. &c. &c. (signed) Robert Torrens, Frederick Elliot, Edward E, Villiers. SCHEDULE of Despatches and Extracts of Despatches relative to Mr. Fisher, late Resident Commissioner, and to Mr. Gilles, late Colonial Treasurer in South Australia. Name. No. of Despatch. Description. Date. Subject. Col. Torrens, as Chairman - 23 May 1838 Mr. Fisher. Colonel Gawler No. 7 Miscellaneous 26 Oct. 1838 ditto. Commission of Inquiry . Report - . - 31 Jan. 1839 ditto. Colonel Gawler No. 17 Finance . . - 18 April i«39 Mr. Gilles. Ditto . - - - No. 20 ditto 29 May 1839 ditto. Commissioners - - - No. 100 ditto 18 Nov. 1839 ditto. Colonel Gawler No. 8 ditto . - . 1 Feb. 1840 ditto. Ditto - - - - No. 12 Commission of Inquiry - 21 Feb. 1840 Mr. Fisher. Ditto . . . - No. 17 Finance . - - 26 Feb. 1840. Mr. Gilles. Extract of a LETTER to James Stephen, Esq. from Colonel Torrens, Chairman of the Colonization Commissioners for South Australia, dated 23 May 1838. Sir, As Governor Hindmarsh, in his official communications addressed to the Secretary of State, has charged the resident commissioner, Mr. James Hurtle Fisher, with corrupt pro- ceedings in the disposal of the public stores ; and as the resident commissioner has, on several occasions, not only failed to comply with, but has acted contrary to, the financial instructions of the Board of Commissioners, the commissioners beg permission to request that Lord Glenelg may be pleased to direct that, on the arrival of Governor Gawler in South Australia, a commission or Board of inquiry may be appointed, for the purpose of inves- tigating and reporting upon the conduct of the resident commissioner, as regards the disposal of the public stores and pubUc money committed to his charge. The inquiry, as the com- missioners conceive, should be principally directed to the following objects : — 1. To ascertain whether the bullocks imported from the Cape of Good Hope for the use of the colony, were disposed of to the settlers in a partial and unfair manner, at a private sale ; and vvhether Mr. Fisher, before offering these bullocks to others, selected the best for his own use or that of his sons. 2. To inquire whether Mr. Fisher disposed of the public stores in such a way as to enable his sons or their partners in the provision trade, or any other persons, to sell at a high monopoly price, the provisions supplied by the commissioners, and ordered by them to be so distributed as to prevent an undue elevation of prices. 0.21. mm i\ 3. To 280 APPENDIX TO REPORT FROM THE Correspondence respecting Mr. Fisher and Mr.Gilles. 3. To obtain evidence as to the prices at which the public stores have been sold, as to the amount received, and as to the manner in which that amount has been applied and accounted for ; and to ascertain whether the quantity of stores remaining on hand, with the quantity properly issued according to the instructions of the commissioners, correspond with the whole quantity of stores committed to the charge of the resident commissioner. 4. To call for an explanation of the objects for which the enclosed list of unadvised bills were drawn, and to require vouchers for the manner in which the proceeds were applied. The commissioners beg further to recommend that Mr. Fisher be suspended from all public functions until the result of the inquiry into his conduct shall have been reported to the Governor ; and should it unfortunately appear that Mr. Fisher has been guilty of frau- dulent or corrupt proceedings in the disposal of the pubhc stores and pubhc money, that the Governor may be authorised to remove him at once, and finally, from all official employ- ment in the colony. On the other hand, should there be no proof of corrupt practices, then the commissioners would recommend that Mr. Fisher may be restored to the office of registrar, and to such other functions, as assistant-commissioner, as Colonel Gawler may find it convenient to delegate to him. Extract of a DESPATCH from Colonel Gawler to the Colonization Commissioners for South Australia, dated 26 October 1838. (No. 7. — Miscellaneous.) According to the expressed desire of the commissioners, and directions received from Lord Glenelg, I have restored Mr. Brown to the office of emigration agent, and have sus- pended Mr. Fisher from the exercise of all official functions. I have not yet been able to constitute a board of inquiry on the last-named officer. It is a measure involved in serious difficulties. The respectable persons in the colony from whom the Board must be chosen, have all a warmth of feeling which is scarcely known in old-established colonies, ranged in parties. ,Mr. Mann, the late advocate-general, (as, I suppose, Mr. Fisher's adviser,) has intimated to me that Mr. Fisher cannot be legally compelled to attend before such a Board; and Mr. Fisher has forwarded me a legal opinion, to the effect " that his appointment to the office of colonial commissioner was, according to the Act of Parliament, for life ; and that ' the Crown has not the power of depriving him of it, but by a legal process." Mr. Fisher has not, however, resisted my exercise of the office. On the part of all persons, of all parties, I have met with the greatest attention and respect ; several intricate and pressing questions have arisen with respect to rights of landed froperty and tenders for land. Upon these, as well as the Board of inquiry on Mr. Fisher, will act with decision when I can see my course clearly, and understand the characters of those around me. Extract of a REPORT, dated 31 January 1839, made to his Excellency Colonel , Gawler, by the Commission appointed to inquire into the conduct of Mr. J. H. Fisher, late Resident Commissioner in South AustraUa. Your commissioners have the honour of annexing a correct copy of the examination of the witnesses ; upon which they do not consider it necessary to make any further comment, than that it is their unanimous opinion that the evidence adduced fully substantiates the charges, Nos. 1 and 2, contained in the letter of Col. Torrens, chairman of the honourable Board of Her Majesty's Colonization Commissioners for South Australia, to James Stephen, Esq., Her Majesty's Under-Secretary of State for the Colonies, dated the 23d day of May 1838. Extract of a DESPATCH from Colonel Gawler, Resident Commissioner in South Austraha, dated 18 April 1839. (No. 17.— Finance.) £. 700 of this amount (2',000 I. of which he advised the draft) was required for the liqui-- dation of sums overdrawn on the bank of South Australia, without my knowledge. * * ' * * * * # I am deeply anxious to lay details of past and estimates of future expenses before the commissioners ; but, strange as it must appear to them, I have not been able up to this time to procure from the treasurer the mere account of receipts and expenditure up to 31st December 1838. I fear, that with a sincere respect for many points in Mr. Gilles' character, I shall be compelled to remove him from his important office, as the first effectual step toward^ establishing regularity in it. SELECT COMMITTEE ON SOUTH AUSTRALIA. 281 (No. 20.-Finance.) Correspondence Extract of a DESPATCH from Colonel Gawler, Resident Commissioner in South MTSr and Australia, dated 29th May 1839. Mr". Gilles. I MOST sincerely hope that the treasurer's accounts of receipts and expenditure for the quarter ending 31st December 1838, and 31st March 1839, will be sent to me as promised, m.time for the present mail. If they should not be forwarded to me, I think it will be necessary, after the warnings that have been given, and the orders that have issued on this subject, to suspend Mr. GiUes and Mr. Fisher from their offices. One of my principal reasons for not taking decisive measures before, in this and other extreme cases of neglect of duty, has been the great difficulty of finding proper persons to fill public offices. Extract of a DESPATCH from the Colonization Commissioners to His Excellency Colonel Gawler, Resident Commissioner in South Australia, (No. 100, Finance,) dated 18th November 1839. The commissioners have learned with considerable regret, that out of the proceeds of the bills now advised, 700 I. were required for the liquidation of sums overdrawn from the bank without your knowledge ; and they have instructed me to request that you will have the goodness to communicate to them, as early as may be practicable, all the circumstances connected with this irregular and extraordinary proceeding. The commissioners also instruct me to express their regret that the treasurer should have failed to furnish you with the account of receipt and expenditure up to the 31st December 1838. Though they feel, in common with yourself, a sincere respect for many traits in the character of Mr. Gilles, and though they are sensible that the colony, in its earlier stages, derived considerable advantage from the spirit and enterprise with which he engaged in very useful undertakings, yet they cannot, from any considerations of this nature, withhold from the adoption of whatever measures may be found necessary for the establishment of order and regularity in the important department of the colonial treasury. On the appointment of Mr. Gilles, the question was raised, whether the treasurer and other colonial officers should be permitted to engage in private speculations, having a commercial character, and involving commercial risks ; and it was deemed expedient, at a time when the treasurer and other officers were the principal capitalists in the settlement, to tolerate, as a temporary arrangement, the conjunction of mercantile pursuits with official duties. The time, how- ever, has now arrived when this temporary arrangement, as far at least as regards the colonial treasurer, should be discontinued ; and when the person holding that important office should be required to relinquish all private business involving mercantile hazard, and to give his exclusive attention to the punctual and efficient performance of his public func- tions. The commissioners are desirous that this separation of employments, as far as regards the department of the colonial treasury, should be immediately established ; and ia order that you may be enabled to give an immediate effect to an arrangement, which the great increase of business seems to render indispensable, they have instructed me to state, that you are hereby authorised to advance the salary of the colonial treasurer to any sum not exceeding 500 /. per annum. The commissioners will apply to the Lords of Her Majesty's Treasury to sanction this advance of salary. The details of the arrangements for establishing order and regularity in the department of the colonial treasury are left to your discretion. With respect to Mr. Gilles, the commissioners are of opinion that he is entitled to all the consideration and indulgence which can be accorded to him without injury to the public service. He appears, under all circumstances, to have supported the local government, and some part of the irre- gularity which has occurred in his department, may be fairly traced to the acquiescence of the commissioners in the temporary conjunction of commercial pursuits with official busi- ness, a conjunction, though in the infancy of the colony unavoidable, yet, not in itself de- .sirable ; and, in the case of Mr. Gilles, peculiarly liable to occasional irregularity, in conse- quence of the extent of the benefits which he conferred upon the colony, as one of its largest and most enterprising capitalists. Though the commissioners would not wish in any way to fetter the free exercise of your judgment, yet, for the considerations I have just alluded to, they cannot but express a hope, that you may find it compatible with the public interest to give Mr. Gilles the option of retaining the office of colonial treasurer at the pre- sent augmentation of salary, subject to the conditions of his relinquishing all private busi- ness involving commercial hazard, and that he shall devote his exclusive attention to the punctual and regular discharge of his official duties. 0.21. 282 APPENDIX TO REPORT FROM THE Correspondence respecting Mr. Fisher and Mr. Gilles. (No. 8 — Finance). Extract of a DESPATCH from Colonel Gawler to the Colonization Commissioners for South Australia, dated 1 February 1840. The assistant commissioner informs me that the storekeeper's accounts are ready, but I regret to say that up to this moment I have not been able to procure those of Mr. Grilles. The Board of Audit is instructed to take the most strenuous measures for obtaining them. ■ No. 12. — Commission of Inquiry. Sir, Adelaide, 21 February 1840. I HAVE the honour to forward to the commissioners the complete report of the court of inquiry, instituted in obedience to Lord Glenelg's letter of the 30th May 1838. I request them to have the g oodness to submit it to the Right Honourable the Secretary of State for the Colonies. I consider that the members and secretaries of the court did their duty well and ho- nourably in the face of many difficulties and great discouragements ; and that their report contains as full and correct a representation of the general circumstances that were under investigation, as in the state of the colony, and under their difficulties, it was possible to procure. I regret however to say, that events have recently occurred which lead me to apprehend that the balance-sheet of accounts (Proceedings, page 209) at least, may be very erroneous. For several months past, Mr. Fisher has been endeavouring, in various ways, both by- letters and by the infl uence of bis friends, to induce me to have a second examination of his conduct before the court of inquiry. To the first, as is stated in the proceedings of the court, and was communicated to the Secretary of State in my letter No. 4 of the 13th March 1839, he peremptorily refused to submit, and attended at the court in person, accom- panied by his legal adviser, to menace the members with legal consequences if they should enter upon the investigation. . At the same time he resigned the office of registrar-general," in order, as I conceive, to be altogether free from the control of the Government. He now wishes to be restored to that office, and has made personal application to me for it. He desired, I conceive, the second examination upon his conduct to be instituted in order to procure that justification of character which he imagined was necessary as a preliminary step to the re-appointment. I need scarcely attempt to prove at length that such proposals an.d claims were altogether inadmissible. The court of inquiry had been instituted by the direction of the commis- sioners, under the orders of the Secretary of State. Mr. Fisher was most expressly informed of these circumstances; he nevertheless, as before stated, rejected the authority of the court, set it at defiance by a legal protest, and threw up the appointment which made him amenable to the orders of Government. However innocent he might prove himself to be, he could not, after such proceedings^ be readmitted into the public service. His plea for the second investigation, made several months after the first as regards him- sielf was completed, is, that the first was inaccurate in its results. I beheve that it may in some particulars have been so, but the blame of such conse- quences rests not upon the Government, the court, or the witnesses, but upon Mr. Fisher, \^ho alone possessing the means of correcting inaccuracies, rejected the fitting opportunity for doing so. : The conversations, however, which have attended these applicatioiis of Mr. Fisher and his friends, have led me to suspect the accuracy of the balance-sheet in particular. I am persuaded that it could not be relied upon as a basis for the institution of legal proceed- ings. Nevertheless, I trust that the Secretary of State and the commissioners will approve of rny determination to take no furt her steps for the correction of it. If peculation to a large amount could be proved against Mr. Fisher in a court of law, I am well assured that no pecuniary reparation could be procured from him, inasmuch as I believe he holds no property in his own name. It is in the highest degree probable, how- ever, that such malpractice could not be legally estabhshed, and that the attempt, if made, would only subject the Government to great expense, and the discredit of a failure. Mr. Fisher's applications, and the information which they elicited, have induced me to delay forwarding the complete copy of the proceedings longer than I should have other- wise have done, in order that I might be enabled to give a more conclusive opinion on the subject. From much of the tes timony produced before the court, as well as from circumstances that occurred dunng its sittings, it is evident that the colonial storekeeper was very irregular in his duty. Much of this irregularity arose, I have no doubt, from the confused state of the colony, and was unavoidable on his part, but very much proceeded also from his utter unacquaintance with the principles of pubUc duty. A similar deficiency among many of the public officers has been, and, although rapidly diminishing, is still a very great cause of the difficulties of the colony. I think SELECT COMMITTEE ON SOUTH AUSTRALIA. 283 I think that even Mr. Fisher's misconduct is more attributable to this than any other Coirespondi cause. ence TV 1 1 •■ ■ respecting JNevertheless, having dismissed several heads of departments, principally on this account, Mr. Fisher and I have been most unwilling to add Mr. Gilbert to the number, beheving him, as I do, to be Mr. Gilles. a well-meaning and intelligent man, and hoping that with these qualifications he may be led into a proper sense of his duties, and into the adoption of an efficient practical system. Colonel Torrens, Chairman, &c. &c. I have, &c. (signed) George Gawler, Resident Commissioner. (No. 17. — Finance.) Extract of a DESPATCH from Colonel Gawler to the Colonization Commissioners for South Australia, dated 26 February 1840. Mr. Gilles not having rendered his accounts for the quarters ended 30th June and 30th : September, I have been compelled to place him in the hands of the advocate-general. Paper, No. 27- MEMORIAL from the Magistrates, Merchants, and other Inhabitants of South Australia. TO the Right Honourable Her Majesty's Principal Secretary of State for the Colonies. The Memorial of the undersigned Magistrates, Merchants, Landholders, and Inha- bitants of the Province of South Australia, adopted unanimously at a Pijiblic Meeting of the Colonists held at the Court House, in Adelaide, on Thursday, the igth day of December 1839. The memorialists beg permission respectfully to approach Her Majesty's Government on the present occasion, in the full confidence that the obstacles which have been found to impede the right working of the great principle of colonization as applied to the province of South Australia, comprised in the following statement, will receive the consideration of Government, and that the modification the memorialists venture to suggest, and which they believe essential to its permanent and beneficial operation, will be adopted at the earliest possible period. The memorialists beg to direct the attention of Her Majesty's Government to the follow- ing extract from the Appendix, No. 10, of the Third Report of the Colonization Commis- sioners, as expressing the chief object which the survey was intended to secure: "That the survey of waste land be so conducted as to afford to purchasers the most extensive choice, and the most complete liberty of appropriation, both with respect to quantity and situation." The memorialists regret to be obliged to state, that the survey as hitherto conducted has not fulfilled the objects contemplated by the Colonization Commissioners ; they are far, however, from imputing blame to individuals connected with that department ; on the contrary, the memoriahsts bear their willing testimony to the anxiety of his Excellency the Resident Commissioner to expedite the surveys in every possible manner ; the evils of which they complain are defects inherent in the system. There are at the present time holders of preliminary orders, who purchased their land upwards of four years ago, who have not yet been able to obtain possession of their sections, and there also are, or were until within the last few days, numerous parties holding land orders unable to find surveyed land suitable for their location, and some of whom were ultimately, and after months of vexatious and expensive delay, only enabled to obtain possession of land by forming their individual land orders into an aggregate sufficient to entitle them to demand a grant of 4,000 acres, or a special survey, and thereby to locate themselves irrespective of the pro- gress of the surveys, and in one of those fertile districts which the surveys have not yet reached, nor which they could be expected to reach under the present system but after a lapse of years. Exclusive of the right enjoyed by purchasers of special surveys, under the existing regulations, the unappropriated land surveyed in a limited number of districts is alone open for selection and purchase; and were it necessary, numerous instances, well known to the memorialists, could be adduced, where parties desirous to locate have not only been subjected to great pecuniary losses by their inability to do so, but where in some cases most desirable settlers have actually left the province because the tracts of land they preferred, and would have selected, were unsurveyed, and therefore not open lo purchase and location. ■0,21. n n 2 Ihe Memorial from Magistrates, &c. South Australia, 284 APPENDIX TO REPORT FROM THE ' Memorial from The memorialists therefore represent that "the most extensive choice, and the most Magistrates, &c. of complete liberty of appropriation" which the Colonization Commissioners are desirous to k.ou tfa Australia . afford to purchasers of land, are, under the existing system, not afforded, and that in flieir opinion, these never can be afforded unless that system is entirely changed. The memoriahsis submit with great deference, that, subject to after survey; to the right of public roads, and public access to water, intending settlers ought to be allowed to select, at their discretion, from the unsurveyed districts, the quantity of land for which they have paid, and to locale themselves and family thereon forthwith. The loss and injury which, more or less, all settlers have hitherto suffered, by tlie sufvey not beitig in advance of the demand, would be by this simple plan in future altogether avoided, while content and satisfaction would be generally diffused. At the same time the memorialists believe that the adoption of the suggestion now respectfully submitted, would carry into full effect the desire of the Colonization Com missioners " to afford the most extensive choice, and the most complete liberty of appropriation, both with respect to quantity and situation,'' unattainable at present, while by thus extending the special survey sj^stern to the purchasers of smaller portions of land, another important object in the colonization of the province would be secured, namely, the cultivation at the earhest period of all the "finest veins of land." In point of expense, the saving would be great. At present the surveys in the districts to which they extend, include not merely the finer tracts, but those portions of inferior quality, the settlement of which must be delayed for years, and which can only be expected to become available when the superior portions are fully occupied. By adopting the proposed mode, and confining the surveys of the land to the portions sold, paid for, and selected, it must be evident, that while it is sufficient for all practical purposes, the expenses of the department must be materially decreased. The memoriahsts viewing with apprehension the enormous expense of the present survey system, have received with alarm the intimation that the colonists generally would be required to bear taxation for its continuance as an item of the permanent expenditure of the government. The memorialists are perfectly sincere in their desire to maintain the distinction which South Australia has acquired as a self-supporting colony. Without relinquishing their right as British subjects to the protection and support of the mother country, should these ever be required, they are willing to bear the expenses of their own government. Their power to do this, however, depends on its wise and economic administration, and on their not being called on at too early a period of the progress of the colony, and when it is physically impossible that its resources should be developed, to contribute beyond their means to the necessities of the State. In the hope that these necessities will be suffi- ciently moderate to allow of their being ungrudgingly borne by the memorialists, they proceed to represent to Her Majesty's Government, that in their humble opinion they ought not in addition to be called upon to bear the expenses of the survey department. By the South Australian Act no express provision is made for the payment of these expenses, and they have hitherto been defrayed by the Colonization Commissioners, either out of the loans raised under the powers vested in them by the original Act, or out of the monies borrowed from the emigration fund under the amended Act; in both cases the expenditure is chargeable as a debt against the colonial revenues, and failing these, it is secured on the unappropriated lands. The memorialists are fully sensible of the importance to the colony of devoting the pro- ceeds of the land sales, with the smallest possible diminution, to the purposes of emigration, and they earnestly desire to see this principle maintained inviolate. But they venture to presume that its future maintenance and inviolability depend altogether on its being placed on a basis, which, sound in itself, shall involve neither accumulated debt on the one hafld, and prospective taxation on the other. It is with these views that the memorialists veii- ture earnestly to recommend that no further debt should be incurred on account of the expenses connected with the survey department, but that provision should be made for the payment of these expenses out of the gross proceeds of the land sold, and that the net amount should be applied to the purposes of emigration without other diminution what- ever. Whether it might be expedient to adopt the terms of the resolution proposed to the House of Commons by Mr. Ward, on the 25th of June last, and employ " a large fixed proportion of the purchase-money" to that object, or the net proceeds, whatever these might be, it is scarcely the province of the memorialists to offer an opinion ; but they are satisfied that by strict economy in the administration of the funds, by the re- modelling of the survey department, by preferring contracts in all practicable cases, and by the adoption of the system they have taken the liberty to recommend, the proportion of expenses would seldom or ever exceed 10^. percent., or 2s. per acre on the gross amount of the land sold. The expenses connected with the survey and the land depart- ment, they are well assured, have amounted to at least 50 per cent, on the produce of the land surveyed at this period. The memorialists express their firm conviction that unless the recommendation which they have now respectfully laid before Her Majesty's Government be adopted at the earliest possible period, the future prosperity of the colony will be materially retarded, even if more serious consequences be avoided. The memorialists now beg leave to submit to the consideration of Her Majesty's Govern ment another subject which they believe essential alike to the reasonable satisfaction of the colonists and to the good government of the province. The SELECT COMMITTEE ON SOUTH AUSTRALIA. 285 The memorialists, indeed, trust that their application for a non-official extension of the Legislative Council requires only to be preferred, to receive the favourable consiileratioa of Her Majesty's Government, and that wrhat has been so liberally granted to Swan River, with a population of 2,500 souls, will not be refused to South Australia, with a population now exceeding 10,000, and in the course of daily and" rapid increase. At present the memorialists have no recognised means of making their views and feelings known in the Legislative Council, and are besides subject to a power which, however considerately and conscientiously exercised, is irresponsible to the colonists, and is not merely repugnant to the well-understood principles of the English constitution, but existing, the memorialists believe, in no other colony of the British Crown subject to the imposition of taxes. The memorialists trust that Her Majesty's Government will not consider premature or unreasonable their request to have a sufficient control over the expenditure of monies arising from taxation levied on the colonists, or that the commercial, agricultural, pastoral, and general interests of the province should be fairly represented in the Legislative Council, but that, on the contrary, their request should be freely complied with, under such regulations as may be deemed expedient. Two points only the memorialists submit as-essential to the peace and good government of the province ; namely. First, That the non-official Members shall be the freely elected representatives of the colonists ; and. Second, That in the event of- any law being opposed unanimously by the non- official Members of the Council, it shall not take effect within the province until it has received the sanction of Her Majesty. [441 Signatures.] Memorial from Magistrates, &c. of South Australia. Paper, No. 28. — -(No. 1.) — Copy of a LETTER from the Colonization Commissioners for South Australia to Lord John Russell. South Australian Colonization Office, My Lord, 9, Park-street, Westminster, 10 December 1840. We have the honour herewith to transmit a despatch addressed to your Lordship by Lieutenant-colonel Gawler, accompanying a memorial, also herewith transmitted, from cer- tain magistrates, merchants, landowners, and inhabitants of the colony of South Australia. Colonel Gawler informs us that he was requested to present the memorial to your Lord- ship through us, and that he has also transmitted his despatch commenting upon the memo- rial, through the same channel, because the subjects connected with the land department are so blended in the memorial with others which belong to the Government, that they could not be separated without calling another public meeting. Having, observed a reference in Colonel Gawler's despatch to your Lordship to a portion of a despatch which he had addressed to us on the 26th of February, we do ourselves the honour to enclose an extract of the passages relating to the survey establishment to which Colonel Gawler alludes. In regard to the three principal topics mentioned in the memorial, viz. the chairging the surveys upon the land fund, the unlimited right of selection of land by all purchasers, and the introduction of non-official members into the Legislative Council, we beg to offer the following remarks : • i? i , j -. j 1. We entirely concur in the propriety of devoting some proportion of the land fund to the payment of the surveying expenses, and we hope that one of the changes which will be introduced into any future Act of Parliament will confer on the commissioners the power of meeting this charge out of the money accruing from the sale of land. At present we are required, by the ,6th clause of the Act, to apply the purchase-money, without any deduction whatever, to defraying the cost of conveying emigrants to the colony. Should the colonial Legislature think proper, in the meantime, to pass an Act requinng the payment of a fee from all purchasers upon the issue or registration of their grants, and to apply the money to defraying the expense of survey, we can see no objection to such a course. It would be in the nature of a tax, as the sum raised by it could not, consistently with the Act of Parhament, be considered as a portion of the purchase-money of the land. It, might, however, require a legal opinion to decide whether such a course involved an im- proper evasion of the Act. ,, , , • n j , 2. On the second point, viz., of allowing all purchasers, however small the portion ot land which they had bought, to select their location in any part of the colony, we are compelled to dissent from the memorialists and from Colonel Gawler. We believe that if the holers of orders for 40 or 50 acres could compel a survey of that portion in any part which they might choose without reference to the progress of the surveys, ruinous expense would be entailed on the colony. Much confusion would be created by attempting, as Colonel Gawler o 21 « « 3 proposes, No. 1. R. Torrens, Esq. and the Hon. E. E. Villiers, to Lord J. Russell, 10 Dec. 1840. 286 APPENDIX TO REPORT FROM THE , No, 1. R. Torriens, Esq. aijd the Hon. E, E. Villiers, to Lord J. Russell, 10 Dec. 1840. proposes, to make these small purchasers pay the expense of their surveys ; it would not be easy to ascertain the amount of extra expense which they had occasioned, and it would be found impracticable to obtain from them the repayment of the sum. In the case of Port Phillip it is established that the purchaser of eight square miles, or 5,120 acres, may claim a survey of that quantity of land wherever it may be selected, within the limits of the colony, and we should think it would be unwise to^confer this right upon the purchaser of a smaller quantity in South Australia. It is with pleasure we observe that Colonel Gawler states to your Lordship that there never has been any good cause for the apprehensions felt in the colony and in this country as to the monopoly established by the owners of special surveys in respect to water frontage, and that the powers vested in the Governor and resident commissioner are quite sufficient, if properly exercised, to nullify all evil effects of this kind. 3. With respect to the plan of admitting non-official members into the Legislative Council, we have already expressed our opinion in its favour, in the Report which we had the honour of addressing to your Lordship on the 7th July last. And we also upon the same occasion took the liberty of suggesting what appeared to' us to be the best and easiest method of carrying the plan into operation. We have, '&e. (signed) Robert Torrens. Edward E. Villiers. No. 2. Extract Despatch from Col. Gawler, 26 February 1840. •[.>,.• — (No. 2.) — Extract from a DESPATCH from Colonel Gawler, dated 26 February 1840. The persons who drew up the memorial to the Secretory of State, of the 19th December, have no good grounds for complaining, as they appear to do in some scattered sentences, of the imperfectness of the survey system, of the slowness of the work, and of the amount of the expenditure. The materials of a department had to be collected. A system was at the same time struck out ; its leading principle was simply that every efficient surveyor that could be pro- cured should be employed as he desired, either as a permanent officer in the survey depart- ment, as a private surveyor working for a time with the department, or as a contractor for any particular extent of work. The application of this system has been constantly improving. During the eight months that it was under my personal direction, I had- to contend with all the disadvantages of a forming system, an unexplored country, and illr understood necessities. Captain Sturt, who succeeded me for three months, was able to give all his thoughts and time to the work, but he had no deputy surveyor-general; and a proportion of the difficulties which I had had to encounter still remained. At this time the fruits of the system are showing themselves abundantly. Mr. Frome, with great per- sonal zeal and intelligence, has under him two very efficient deputy surveyors-general. Surveyors who have come from the other colonies, or from England, who have beconie well- known and indolent characters, have been removed from the department. The country hak been well searched out, to the extent of 7,000 square miles (50 by 140), the survey stations are well posted, lines of communication have been opened.. From my arrival in the country to the present date, about 200,000 acres have been actually surveyed, viz. 113,900 acres in preliminary and ordinary sections, and 90,000 acres in special surveys; seven of these are quite or nearly ready for appropriation, and 13 more are actually in hand. This surveying was carried on in the face of the difficulties of forming an establishment, and for five months of those of a very wet winter, in an intricate and uninhabited country. For six months , past the latest land orders from England have beeii appropriated, except in the cases in which the holders of them were indolent or very difficult to be satisfied. ,. " Taking all these into consideration, I assure the commissioners that the work done by the survey department has been very great, that its present prospects are most promising, and that those who from honest motives find fault with either, or who, in the present state of the colony, recommend any other system than that which is adopted,, can only do so from absolute deficiency of information. In the present state of the colony, the employment of private surveyors has been found to be peculiarly disadvantageous and unsatisfactoiy, except in the particular cases of the proprietors' of special surveys deciding on laying out secondary towns at their own expense>. when the surveyor, being partly remunerated by the purchaser, can aiFord to work for the Government at a reduced rate. I have taken advantage of this circumstance in reference to the Murray and Reid, the Port Lincoln, and the Port Victoria special surveys. I can confidently say that, according to the circumstances of the colony, the work done has been commensurate with the expenditure. This last has indeed been very great ; but considering always the circumstances of the colony, and those in which I found the survey department, it could not have been otherwise and the work have been done. The questioii was reduced within this narrow compass : Shall the extraordinary expenditure be incurred^ or shall the surveys be continued at a rate of progress altogether incommensurate with the demand t SELECT COMMITTEE ON SOUTH AUSTRALIA. 287 demand ? To this I conceive that the solemn pledges of the commissioners to the public at that the surveys shall be so conducted as to be always in advance of the demand contain t- . Tn"' . i. a sufficient reply. I found myself, as the representative of the commissioners, wkhaufhe S'col Ga'wt weight of these pledges upon me, and personally working most laboriously, and mos? S FebLvlo cautiously avoiding every expense that I conceived to be unnecessary, have I eAdeavoured ^ ^ to carry them out. Extravagant rates of wages, and hire, and of prices of all kinds, I could ~ neither remedy nor avoid. It must be remembered that even if I had felt it right to limit the survey establishment, jt IS probable that expense would not have been saved by such a course. When I came into the colony, respectable and well-disposed persons were seriously coming to the resolution of bringing actions at law against the commissioners, for the detention of the land they had purchased ; and if this practice had been commenced, its effects would probably have been most ruinous. - ■' With all the experience we have gained, the progress and preparations that have been made, and the present zeal and intelligence of Mr. Frome, the expenses of the survey department are still immense. Nevertheless, what can be done ? We must go on : we cannot wait for a fall of wages and prices, or the establishment of distant towns, to save the enormous expenses of continual transport. A large extent of purchased land, in round numbers, and considering special surveys as 15,000 acres each, about 300,000 acres, are still unsurveyed, and several orders for additional special surveys are even now in the colony. In addition to the evil of the breach of faith with land proprietors, a check in the surveys would check the influx of that capital on which the province is to a great extent existing. — (No. 3.) — (No. 6.) Copy of a DESPATCH from Colonel Gawler to the Secretary of State for the Colonies. My Lord, No. 3. Colonel Gawler to the Secretary of State for the Adelaide, 27 June 1840 The accompanying memorial to " Her Majesty's Principal Secretary of State for the CoTonies €olomes" was adopted at a public meeting in Adelaide, on the 19th December last, during 27 June 1840. my absence on a tour to the Murray. It was not, however, presented to me for transmission until the 2d April, a few days before my departure for Port Lincoln. Under the circumstances of my engagement with the private vessel which was to convey me, it was not practicable to delay departure for the purpose of writing the observations which ought necessarily to accompany the memorial. I now take the first opportunity of forwarding it which heavy pressure of business, and the departure of mails have allowed since my return. The prayer of the memorial embraces three principal points, and with these appear to be connected, incidentally, strictures upon the state and progress of the survey department. These last, as far as they may be apparent and are intended, I beg to assure your Lord- ship, as I have before indirectly shown to the commissioners in my despatch, (No. 17, -Finance, 26th February 1840,) are ill-founded and incorrect. It certainly was not the case for some months before the adoption of the memorial, that ■parties holding 80-acre land orders were suffering inconveniences of which they had just reason to complain, on account of the backwardness of the surveys. As' I had previously reported to the commissioners, as regarded moiiey tenders and 80-acre land orders, the surveys were well in advance of the demand. Many parties certainly kept back from Selecting their land in order to have the choice of situations which possessed peculiar advantages, but really good and well-situated land was then in the market unappropriated. The quantity of this description has been increasing, and is at the present moment very considerable. It certainly has not been the case generally, that the holders of preliminary land orders have sustained injury from not being put into possession of their land. The country has become so much better known, that the delay, in most cases, has been an immense advan- tage, by giving them a much wider and better understood sphere of selection. The delay of two or three years is not to be compared with the superior permanent value of the pro- perties now selected. It certainly is not the case that the survey department requires remodelling. The fact really is, that from unavoidable hindrances it was not until lately completely modelled. It has been advancing gradually, but steadily, in efficiency, in the face of immense difficulties, and is now a very efSeient department, not inferior, I think, to any in any British colony. It is quite equal to the work before it, and might shortly be reduced, were it not for the question of leases of pasturage which must soon be attended to, and which I conceive will require a trigonometrical survey of many hundred square miles before it can be carried into operation. In making these observations, I do not wish to charge the composers of the memorial with intentional misrepresentation. They were, as I think they are at this time convinced, extremely deficient in information upon the subject of surveys and the survey depart- ment. Their mistake was, that of not making their complaints to me before they allowed them to appear, however casually, in a public memorial. Had they previously spoken of them to me, I am persuaded that their views would have been altered, from the information that would have been given in return, and that no syniptom of complaint against the survey department would have appeared in the memorial. 0.21. }in^ The 288 APPENDIX TO REPORT FROM THE No. 3. Colonel Gawler to the Secretary of State for the Colonies, 37 June 1840. The three great points embraced in the prayer of the memorial are : 1st. The propriety of charging to the emigration fund the expenses of the survey department. 2d. The privilege of universal selection of land by the first applicant, without regard to the progress of the surveys. .3d. The admission of some private colonists into the Legislative Council, in such a manner that the commercial, pastoral, agricultural, and general interests may be virtually represented. With regard to the first, I may respectfully observe, that it is evidently impossible that the loan should bear the great expenses of the survey department, or that, for a considerable time to come, they should be met by the colonial revenue. I beg to assure your Lordship that I have never shrunk from the duty of imposing taxes, but legislation on this subject is of a very delicate character, and legislation of all kinds has been retarded, to my very great regret, by the circumstances of the colony, and from the ill health of the late advocate- general. In any case, a population of from 10,000 to 20,000 souls, labouring under the immense private pecuniary requirements attendant on effecting a first settlement, cannot be expected to contribute to the public revenue at the rate of above 2 I. annually for each individual, and the sum produced by this proportion would not cover the expense of neces- sary public buildings and wharfs, in addition to those of the police and government. \yith regard to the second point, I need scarcely say that, from the nature of my duties, the various modes of purchasing and selecting waste lands have been constantly pressed upon my attention, with great opportunities of calculating the probable practicable working of different systems. As the result of my observations, I would respectfully offer, that I con- ceive the mode recommended by the memoriahsts, that of the privilege of universal selec- tion being vested in the first applicant over the whole face of the waste lands, without reference to the progress of surveys, or in other terms, the extension of the special survey system to include applications for small as well as large districts of country, is that which would be the most just, satisfactory, and convenient to purchasers of land, and consequently that which would insure the most rapid rate of purchase and of colonization. The applications, I think, should not be allowed to include fractional portions of acres. They should not be allowed to require unreasonably irregular outlines, or disproportionate dimensions. A width one-sixth of the length might be the lowest proportion admitted. Below a certain quantity also, say 1,000 acres, there should not be the privilege of requiring the survey of a larger district than that actually purchased. The power of the Governor and resident commissioner' to reserve roads for public conve- nience, removes, I think, all objections on the ground of monopoly of water frontage. Great apprehension prevailed in this country, and I believe in England, with regard to the monopoly of water frontage, through the privilege of the holders of special surveys, but there never has been any good cause for it. The power before-mentioned, vested in the Governor and resident commissioner, is quite suflScient, if it be properly exercised, to nulhfy all evil effects of this kind. To prevent the great expense and inconvenience that would arise, under a system of uni- versal choice, from the frequent removals of survey parties, the purchaser of the land might be required to pay, according to a regulated scale, all extra expenses arising from this cause if he were to desire that his land should be surveyed before a party could be removed to the situation chosen, in regular order of proceeding. It might perhaps be desirable to limit the minimum quantity purchased on this principle to 40 or 50 acres, and it would be of very great importance that the Government should' retain the power of purchasing, independent of all private choice, portions of land necessary for public purposes. With regard to the third great point, the admission of private colonists into the Legisla- tive Council, I respectfully conceive that, prudently carried out, it would conduce to'the welfare, without endangering the peace of the province. If the non-official members were for the present limited to four or five, and the council chamber, as at present, were not thrown open to the public, there would, I conceive, be no reasonable probability of evil results from the non-official members being freely elected representatives of the colonists. At present there exists an extraordinary degree of mutual good understanding between the Government and the great body of the colonists, and with reasonable precautions it might still be maintained. I would humbly propose that Her Majesty's sanction should be obtained to the increase of the official members of the Council, by the addition of the colonial treasurer and regis- trar-general. Added to these, four or five non-official members would not, in the extended state of our population, and the stability which our institutions have assumed, be an incon- venient number. If, partly composed of freely-elected representatives of the people, the Council were to hold its deliberations in the presence of general spectators, it would almost surely assume the character of a debating society, in which the representative of the Crown would appear as the leader of a party ; circumstances which would not, I conceive, conduce to the honour of the Sovereign, or the peace and welfare of the colony, and a position which I would humbly say I should be most unwilling to assume. The non-admission of general spec- tators into the council-chamber does not of course prevent abstract reports of the pro- ceedings of the Council from appearing in print as they do at present. A representative Assembly would appear to me preferable to a Council partly composed of representatives of the people, of which the proceedings were held in public. It might SELECT COMMITTEE ON SOUTH AUSTRALIA. 28g . It might be left to the Governor in Council to regulate the elective districts of the nro- .xt x vmce and the number of members that each should return, and to the Governor alonrto r i ^^n ^^ .. a'rw^Vctfonr^"^^"*^*^^^ "^"^'^"^^ °' *^^ ^^'^'^"^ ^' P^---' proceedingTmSi^ej; Jo ?,t£r?.^T LelkMve'^TnXtrf-" ^! *' memorialists, in connexion with the extension of the iTJeV""" i^? « riS I' i^n '" *,^ ^^"'l* °^ ^°y ^^^ ^^""S opposed unanimously by the non- 27 June 1840. official members of the Council, it should not take effect within the province until it had - ^1 Won^lp "^^tr?i^'^ *^"j'''y'-" ^.^°"^^ '"°«* decidedly object/ Such a regulation, I conceive, might establish a very invidious distinction in the Council, seriously retard legislation, and foster angry division and discussion. Non-official Members, bv whatever means they might be admitted, should be led to bear prominently in mind that systematic party-opposition, discreditable and injurious enough in a representative Assembly would be altogether at variance with the constitution of a Council, and destructive of its utility. I have, &c. (signed) Georffe Gawler, Governor, South Australia. Paper, No. 29- Copy of a DESPATCH from Lieut.-Colonel Gawler to the Secretary of State for the Colonial Department. Government House, Adelaide, My Lord, ^ December 1840. I BEG respectfully but anxiously to address your Lordship under circumstances of very Lieut .Cr^^ «««,!», senous danger to the colony and to myself. ^oScolonS' 1 have lately received a letter from Colonel Torrens, semi-official in its character, but Secretary, announcing the intended apeedy despatch of regular official communications to the same 5 Dec' 1840 purport. ]_ It expresses Colonel Torrens's intention, in which also he conceives he possesses the con- currence of his colleagues, to maintain, in reference to this colony, what has been called the self-supporting system ; and in it I am recommended at once to'throw the expense of the police force upon the colony, and to abstain from drawing bills upon the Commissionerg for unauthorized expenses. It is plainly intimated that if such be drawn they may be dishonoured in England. In regard to the self-supporting system, I assure your Lordship, that from the commence- ment of my government in this colony, I have sincerely endeavoured to carry it out, every month, however, adding to my conviction that, in reference to this province, it was im- practicable, in the way, at least, in which it had been attempted. In regard to nnautiiorized expenses, I am really in the position of not liaving the proper means of distinguishing which come under this class and which do not. Almost ail! my direct and defined authority has reference to a period in which the popu- lation amounted to 4,000 souls, located on an area of about 10 miles in diameter. Even for that state of things the authorized establishment and expenditure were veiv insufficient; several indispensable public functionaries were omitted, public works and buildings were not contemplated, and the survey department was unequal to its work. To the present situation of the colony, the directly authorized establishment and expen- diture cannot, 1 humbly conceive, be considered as at all applicable. The population amounts to from 15,000 to 16,000, spread over a district (not including Port Lincoln) which averages more than 100 miles in length by 50 in breadth, with the immense requirements of public buildings, roads, bridges, wharfs and police, together with those of a survey department sufficient to supply the immense demand for land purchased within the last two years. Circumstances like these have long since forced me, not into unauthorized expenses, but, upon the authority which I had received from the Commissioners, to act upon my own judgment in cases of emergency. Inapplicable as were the directly authorized expenditure and establishment, and extra- ordinary as were the sales of land and influx of population for the first year and a half after my arrival here, my position altogether, at the distance of a twelvemonth in commu- nication from my only point of reference, has been one of emergency, — emergency, too, which it is scarcely possible to conceive without the experience of a similar situation. In addition to the general authority which I received in reference to cases of emergency, the Commissioners have from time to time indirectly authoiized almost all the most important objects of expenditure. In the instance of the increase of the police force in particular, some of the holders of special surveys, taken at a considerable distance from Adelaide, have received IVom the Commissioners encouragements on the subject of the police protection of their properties, which have been officially ibrwarded to me, and which 1 could not meet but by the increase of the force to at least its present efficiency. In the present condition of the province it would be impossible to throw the expense of the police force upon it, any further than that it may be considered as met by the revenue to a considerable extent. JN either could the police force be reduced without great risk, 0,21. 00 unless ago APPENDIX TO REPORT FROM THE Secretary, 5 Dec. 1840. Lieut.«Col. Gawler unless a military force were sent to undertake a part of its duties, a measure in which to the Colonial i have no power to act. If the colony were allowed to fall gradually upon its own resources, evil consequences, I conceive, would not ensue, fortfe foundations of its healthy progress are laid ; but any sudden direct financial check mifiit have the worst of consequences in a community already suffering financial depression from indirect causes. I would therefore most earnestly request your Lordship to take these circumstances into your consideration, I have, &c. (signed) George Gawler, Governor, South Australia. Paper, No. 30. Colonization Com' missioners to J. Stephen, Esq. 12 May 1841. Copy of a LETTER from the Colonization Commissioners for South Australia to James Stephen, Esq. South Australian Colonization Office, Sir, 9 Park-street, Westminster, 12 May 1841, We have the honour to forward herewith a report which we have recently received from Colonel Gawler, upon the present state of the colony of South Australia. It will be observed that Colonel Gawler enters fully into the consideration of the course which he has pursued in administering the affairs of the colony. We are anxious therefore to lose no time in sub- mitting his observations to Lord John Russell's notice ; and as the Parliamentary inquiry has, we believe, not finally closed, we would further take the liberty of suggesting that the document should be communicated to the Select Committee. Returns from tlie different departments, for the half-year ended June 1840, accompany Colonel Gawler's report ; but as they are volumnious, it may perhaps be the most convenient course that we should at present only state the most important results which they exhibit. The revenue, during the first quarter of 1840, had amounted to 7,371 /., being at the late of 29,484 1, per annum ; and during the second quarter to 8,141 L, being at the rate of 32,564 Z. per annum. On the other hand, the expenditure for the first quarter of 1840 had been 40,905 L, being at the rate of 163,620 1, per annum ; and of the second quarter 49,419?., being at the rate of 197,676 1, per annum. With regard to the surveys and sale of lands, it appears that during the first ax months of 1840, 165,000 acres had been surveyed, and that the cost of surveying had been redviced from the previous rate of 3s. 2d. per acre, which did not include the central expenses, to Is. 7 c?. per acre, a sum including, as the Surveyor-general states, every expense directly connected with the survey. From Colonel Gawler's separate despatches, we find that the quantity of land sold during the three first quarters of 1840, had been as follows : 1st Quarter 1,4H acres 2d Quarter ------_. 1^035 „ 3d Quarter _.. 3^816 „ Total - - . - 6,262 „ During the month of October last, however, the sales had only amounted to 240 acres. We have, &c. (signed) Robert Torrens. T. Frederick Elliott. Edward E. Villiers. Resident Commis- sioner's Half-yearly Report. South Australian Resident Commissioner's Half-yearly Repobt, to 30th June 1840. Finance, Revenue.— Th^ total amount of revenue, received for the half-year ending 30th June 1840, was 15,513?. 15 s. 8 c?. J s Considering the average of the population for that period to have been 13,000 souls, the average rate of taxation will therefore be 2/. 7 s. 9 c?. per annum for each individual. 1 think Her Majesty's Government and the Commissioners will consider that, under the very pressing and numerous wants of settlers but just arrived on ground entirely new and unimproved, and the financial depression which now exists, it would not be prudent, for the present, to increase this proportion to any considerable extent, as regards the general revenue. Had a capital-possessing population continued to flow in as rapidly as it did a twelvemonth since, the question of the increase of taxation would have borne a somewhat different aspect. The SELECT COMMITTEE ON SOUTH AUSTRALIA. 291 The sudden check given to that influx by the aggravated and one-sided reports of some Resident Commis- tinnd, restless, and ill-informed persons in the colony, and of many interested or prejudiced sioner's Half-yearly persons in other quarters, has produced considerable financial depression and distress, and Report, rendered the subject of increased taxation much more embarrassing. — '^ Within the colony, taking its advantages and disadvantages as they should be taken, all in all, I most deliberately and confidently assure the Commissioners that there is no just ground for discouragement. Like all other portions of the earth it has its defects, but the climate is as fine, I think, as any in the vporld ; and the agricultural, horticultural, and pastoral capabilities of the districts already known, are very great, and equal to the comfortable support of at least 250,000 souls*. If its manufacturing capabilities, in regard to wine, roofing slate, statuary marble, iron, and perhaps other metals, were brought into fair operation, the population might be SSigmented to a much greater number. Under God's blessing, the province only requires honest report, and considerate and liberal management, to become a favourite point for emigration, and a happy and wealthy appendage to the British empire. An increase will be made to the revenue in the portion devoted to particular purposes, xhe municipal when the Municipal Corporation Bill for the city of Adelaide comes into active operation, authorities were The city of Adelaide has hitherto been a heavy charge upon the general fund of the elected on the province, by which, with some trifling exceptions of sums collected by private subscriptions, 30th Octoberi840. evei-y public expense connected with it has been borne. Under the Municipal Corporation Act, the proprietors and inhabitants of the city and lands immediately adjoining will contribute towards works for the advantage and embellish- ment of the town, and other local objects. The majority of the merchants and principal tradesmen of the province have long been desirous that the mass of the revenue should be raised by ad valorem duties on all imports, instead of the present duties on spirits, wines, and tobacco. The Legislative Council has proceeded with caution in the consideration of this scheme. An Act embodying a scale of rates proposed by the merchants was read a first time on the 2d June 1840. According, however, to the calculations of the officers of the customs, it appears that this scale of rates will not produce a revenue of much more than one-half that at present received. The merchants, while advocating the principle of the ad valorem system, are unable to disprove the correctness of the calculations of the oflBcers of the customs, and are unwilling to raise the scale of rates. There is, consequently, no immediate probability that the Act at present in force will be repealed. I am very desirous to prohibit the internal distillation of spirits from grain and sugar. It appears to me evident that the allowance of such distillation would have, at the same time, the effects of materially diminishing the proportionate revenue, and of perpetuating the consumption of ardent spirits in the colony. A Bill based on enactments in New South Wales and Van Diemen's Land has been intro- duced into Council, for the prohibition above mentioned. It has been opposed in a petition by a large body of the inhabitants ; certainly, however, not including one-half of either the respectability, or the numbers of the male adults of the colony. Expenditure. The expenditure still continues to be very great. I assure the Commissioners that I watch most anxiously for every lawful and judicious opportunity of reducing it ; and that the sur- veyor-general, the assistant-commissioner, the treasurer, and the auditor-general, are indefatigable in their exertions to this end. Than the gentlemen who hold these ofiices, which bear so closely and extensively upon it, I do not think there are more intelligent, laborious, and honourable men in their stations in any of Her Majesty's possessions. It is, however, a work of very great difficulty, greater than I at one time imagined, in a very new colony, to emerge completely from a state of thorough confusion and irregularity, in the face of the varying requirements of a rapidly in-flowing population, and of a continually changing country. I hope the Commissioners will perceive a considerable improvement in the style of the reports and returns in general. At the close of the half-year, I visited all the public offices and stores, and inspected the books of accounts and articles in possession. I found them generally in a very creditable state. The accounts of the colonial storekeeper alone were in considerable arrear. Captain Sturt and the auditor-general have been labouring most assiduously to make up the defi- ciency, and I hope to have the accounts in time to send to England with this report. I have » In this calculation the productiveness of the soil is judged of according to English experience in soils in general ; if it be estimated by the produce of the land already proved by culture in the colony,, its capabilities of supporting population are considerably greater. 0.21. 02 292 APPENDIX TO REPORT FROM THE Resident Commis- ^ ha.\e stopped Mr. Gilbert's salary, and have directed that official notice be given to him sioner's Half-yearly that, in the event of a repetition of such negligence, I shall be compelled to remove him from Report. his situation. In justice to him I ought, however, to add, that his stores are kept in very creditable order. It is my intention to repeat this inspection at the close of every succeeding half-year, and to be more rigid in requirements, until the public departments shall all have attained the state of order in which they ought to be found. The rates of charges in the bills against the Government have been frequently too high, and often pointed out as being so by the auditor-general. Mr. Newenham, the gentleman who fills that office, is intimately acquainted with the details of the trade of the province ; and, in the particular referred to, performs his duty with a rigour which does him great credit, and which must be rapidly productive of beneficial effect. 1 The evil of frequent high prices has proceeded, in a great degree, from the inexperience of some of the public officers especially concerned with stores and store accounts^ combined with the fluctuating state of the market, which left it very difficult to ascertain, until after purchase, the lowest price for each particular article. I have also hitherto found it advisable to procure a considerable quantity of the Govern- ment supplies by the common mode of general purchase. It was difficult, and frequently impossible, to find persons who were able to take up con- siderable contracts ; and it was also of very great importance that the profits arising from Government expenditure should be diffused among the great number of small tradesmen, storekeepers and others, instead of being confined to a few comparatively opulent houses. This mode of general purchase, while it certainly prevented some evils and conferred great benefits on the community at large, had Ulso, in a peculiar manner, the disadvantage of exposing the Government to the uncertainty and irregularity of prices to which I have alluded. I assure the Commissioners that I have never been inattentive to these circumstances, although it was out of my power to remedy at once the evils described. Now that the trade of the province, though suffering under temporary depression, has become much more regular, and tradesmen and others have become, to a certain extent, established in their different positions, I shall proceed to obtain the whole of the public supplies in the proper and authorized manner of contract. To excite the vigilance of the public \)fficers concerned, the following circular notice was issued on the 22d July 1840. '* Government Order. " Some remarkable cases having recently occurred of articles purchased for the public service having been charged at higher rates than the fair market prices, his Excellency the Governor and Resident Commissioner directs that public officers, by. whom bargains may be contracted, \yho may neglect to make proper agreements for articles required for the pubhc service, must be held personally responsible for all similar unreasonable expenses when fully and clearly proved against them. " By his Excellency's command, (signed) " George Hall, Acting Colonial Secretary. " Charles Sturt, Assistant Commissioner." And it is my intention to carry its consequences into effect in all glaring cases of negligence or mismanagement. In this, as in all new and rapidly-formed colonies, prices, wages, and house-rent have been very high ; I have, in consequence, been compelled, awaiting the authorized scale of establishment which the Commissioners have announced as soon to be sent to me, from time to time to raise the salaries of a considerable number of the public officers. I never take steps of this kind without most anxious inquiry and consideration, and a Tiew to the real benefit of the public service. I trust that the apparent irregularity of such increases having been made by degrees, and •trom time to time, will be an evidence of the hesitation with which they were admitted. Intelligent and experienced persons in private employments receive high remuneration ; expenses are greater than they are in the neighbouring colonies ; work in the public offices IS as pressing and complicated as it can be in any estabhshment, while the salaries in this colony of the superior classes of public functionaries are, I believe, never equal to, and generally very much below, those of New South Wales and Van Diemen's Land. Public functionaries in this colony are also deficient in an immense advantage which is enjoyed, I beheve, in the neighbouring colonies, the opportunity of being rewarded for public services by grants of land in addition to their salaries. I have laboured very earnestly by all means, to induce public functionaries to perform their duties with zeal, honour, and integrity; and with this object have broadly discounte- nanced the practice on the part of such persons, frequent in colonies in general, and into which many had fallen here, of engaging in private trade and speculation. Th IS SELECT COMMITTEE ON SOUTH AUSTRALIA. 293 This practice, grievously injurious to the public service, can only be opposed by the allow- Resident Cominis- ance of competent salaries. When they are granted, the Government has it in its power to sioner's Half-yearly exact integrity of conduct and to punish breaches of it with severity. Report. A painful but most useful illustration of this kind occurred during the half-year, in the case of the late superintendent of police, Mr, Inman. He entered into a system of traf- ficking with the public money in articles for the use of his department, becoming himself, under another name, the buyer in som^ cases and seller in others, and by bills or other returns certified as correct by himself, obtained considerable profits on such transactions. One very striking instance being detected by the attention and integrity of the Colonial Treasurer, Mr. Jackson, and fully proved, I dismissed Mr. Inman from his situation, and ■with the same salary, 300 Z. per' annum, was able to procure the services of Major O'Halloran as commissioner of police, a gentleman of very high character, and with talents well suited for this, in a new colony, most important situation. I am persuaded that Major O'Halloran, in the present, as contrasted with the former financial management of the department, much more than saves his salary to the public, by the judicious integrity of his proceedings. Public Buildings. Public buildings and works are still, and must be* for some time, a heavy item of expendi- ture. I humbly hope that Her Majesty's Government and the Commissioners will bear in mind, in reference to these and many other large expenses, that, in this colony, they wear a peculiarly formidable appearance from the circumstance that they have come upon it, at once as necessary to a considerable population, and not gradually, as in most other cases of colonization. There are also in this colony some peculiar causes for great outlay : The Double Port, the port so called, and Glenelg ; their great distance from each other and from the capital ; the bar at the mouth of the port, and the formidable character of the marsh which surrounds the harbour. The mud-boat has been working with some effect, but at considerable expense, at the outer bar. The new road constructed by the South Australian Company traverses the marsh to the southern part of section A., and it has been necessary to erect a custom-house, wharfs, and extensive warehousing sheds on the government property in this section adjoining the harbour. Works of this kind in a marsh, constructed with a view to durability, are, with every regard to economy, very costly. The outlay will, however, produce a large annual income in wharfage and warehousing dues. A board is appointed to regulate them. It is to me now a subject of continual regret that I did not take the road across the swamp at the public expense soon after my arrival in the colony. By being directed at once to the point which must ultimately become the port (the j unction of the north arm,) it would have advanced the port of Adelaide by many years, would have given an extraordinary impetus of permanency and spirit to private undertakings in connexion with it, and would have rapidly cleared its expenses. In that, as in many other things, my error in part has been an over anxiety to carry out, as I was pledged to endeavour to do, the self-supporting system, not feeling myself autho- rized to risk its success upon expensive speculations which it was possible for the time to avoid, but by this course also frequently bringing on the colony heavier subsequent expenses. . .... A vessel caiTying a light has been moored at the outer bar, m a convenient situation lor large vessels to anchor in making the port. She is the Lady Wellington, purchased by the Government for 450/. Two pilots live on board of her. Telegraphs at Glenelg and on the West Terrace of Adelaide, are in full activity, an- nouncing all vessels passing up to the port, and their names if they carry Marryatt's The east wir.g, and about half the south front of the Government-house, have been com- pleted and occupied since March last. It is a reasonably handsome, well arranged, and substantial building. • , 1 j One wing of the public oflSces in Victoria-square is also completed. The colonial secretary, surveyor-general, assistant commissioner and treasurer, have taken possession of the apartments designed for them. The registrar-general will do the same as soon as the Registration Bill comes into operation. Mv own offices, and the offices of the commissioner of police, auditor-general and emio-ration agent, are still scattered about the town in temporary buildings, and must remain so until the other wing of the public offices is erected, towards which, however, as well as to the completion of Government-house, I shall not proceed without the sanction of the Commissioners. Ine * The terms " must be," are used, of course, in reference to the necessities, and not to the means, nf the colony The portions of the gaol and infirmary in course of construction will require some W her expenditure ; in addition to these, buildings for the supreme and resident magistrates courts Za ., new immigration dep6t are much needed in Adelaide. In the country, police and custom-house stations brid,o-es7prisons, &c. will be greatly required as the population extends into the rural districts. '0.21.' '^ ""3 294 APPENDIX TO REPORT FROM THE Resident Coinmis- The masonry and brick-work of rather more than one half of the new gaol is nearly com- sioner'sHalf-yearlv pieted (October 1840). This building is most pressingly required. It has been necessary Report. jQ expend much money on the old edifice for mere temporary security.* —^——— j^ Qgat barrack has been erected for the Sappers and Miners and their stores, near to the spot marked " Barracks," in Colonel Light's map, and 200 yards to the eastward of it are the stables and small barrack-rooms of the mounted police. One wing, large enough to contain 24 patients, of a brick infirmary, has been nearly completed (October 1840), near to the place marked " Infirmary" in the map. Towards this object 600 I. has been paid by the Government. These buildings, besides being absolutely necessary for the public service, have had a very beneficial effect in the colony, by giving the example for permanent and roomy buildings. A very large portion of the sickness with which the community has been visited, and a very great part of the dissatisfaction which some settlers and many casual visitors have exhibited, have arisen from the diminutive and temporary style of our buildings, inconveni- ences that are more severely and injuriously felt in a warm than in a cold climate, and that have helped to give this province a character which it does not deserve, in the minds of those who have not distinguished between natural and artificial advantages. Such incon- veniences, however, as I have stated, are fast passing away. Police. In a country in which wages and prices are high, and distances in proportion to the popu- lation great, the police must be an expensive department.f That of this province, however,, in both its branches, foot and mounted, is very efficient. As compared with the time that it has been in existence, there cannot be a finer corps. Contending with difficulties of no ordinary character, peace and protection are continually maintained by it, in the settl6d districts, in a degree not surpassed in Great Britain. An unsatisfactory portion of its expenses has arisen from the difficulty of supporting parties suddenly sent out, as they frequently are, to considerable distances from thfis As soon as the advocate-general's time will permit it, I shall endeavour to remedy this inconvenience by establishing certain rates at which country public-housei-keepers, at least, shall be obliged to provide police parties on journies with provisions, forage, and lodging. Aborigines. The expenses of the Aborigines department I consider to be low as compared with its- efficiency. The economy arises partly from the devotedness of Mr. Moorhouse, who is always at his^ work, and not above attending to its lowest branches, and partly from the circumstance, that he has the assistance of several German missionaries from the Evangelical Society at Dresden, men also of simple and laborious habits. At present (October 1840) there are two (Messrs. Teichelmann and Klos6) at Adelaide, one (Mr. Meyer) at Encounter Bay, and another (Mr. Sch^rmann) at Port Lincoln, to which I requested him to proceed to endeavour to conciliate the natives in that quarter. To enable these gentlemen to proceed with vigour in their work, their salaries being very small as compared with the prices of the colony, I have built, at the several stations, small houses for them, and have, from time to time, about once a year, when it appeared there was occasion, presented those who were in the colony with gratuities of 25/. each. I, who never formed the expectation that a very ancient and prejudiced people could be brought from the wildest state of barbarism to even moderate civilization in any small space of time, am much satisfied with the fruits already apparent of the exertions of the protector and missionaries. In the school at Adelaide, eight or ten of the black children read,, and some write as well as the same, number in any school of British children of their ages. Five or six families appreciate, more or less, the advantages of their cottages, built prin- cipally, and of their ground altogether paled in, by themselves. All about Adelaide are improved in the wearing of European clothing, and taken as a body in the settled districts, their conduct towards Europeans, as to ordinary offences contrary to law, is superior to that of Europeans towards each other. Among themselves, however, infanticide is not uncommon, and abduction and the murder of adults sometimes occur. * Prisoners are only detained in the old building, called " the gaol," by a degree of excited atten- tion on the part of the governor, gaoler, turnkeys, and sentries, which could not be permanently maintained, and which has been only supported thus far by the prospect of relief from the erection of a proper edifice. t The mounted police is the only body in the province virhich can be used as a military force. I endeavoured, a short time since, to support it by a volunteer militia, but this last force is not yet numerous or well trained. A niilitary force, or a police force approaching to it in organization, is absolutely necessary in a country in which the natives, bush-rangers, a large body of escaped convicts, and whaling sailors are fo be kept under control. SELECT COMMITTEE ON SOUTH AUSTRALIA. 295 Immigjiation. Resident Commis- The supply of labour has been abundant; latterly, from causes which it was not easy to RpDort '^^ foresee, it has been rather too great. A considerable number of the vessels which touch at [ this colony have passengers on board for New South Wales and Van Diemen's Land. Many of these persons, imbibing impressions very unfavourable to the province from the state of the old port, the distance between it and Adelaide, and the indifferent nature of the imme- diately intervening country, and all perhaps being more or less desirous to vindicate their own particular choice of other colonies, have circulated in those colonies extremely one-sided reports of this province. These have been received with an avidity altogether extraordinary, in communities which were deriving very great advantages from export trade to this colony, have been transmitted to Great Britain not a^t all diminished in misrepresentation, and have, I have reason to think, been embraced and circulated with equal avidity by interested persons there. The effect of this combination, added to some other circumstances, has been to give a sudden check to the influx into this province of capital, and of the wealthier classes of immigrants. In the colony, on the other hand, in confidence in the advantages of the climate and great capabilities of the country, with a population amounting, at this time, only to about 16,000 souls, in the full expectation of a continued influx of capital, land has been purchased to an extent capable of containing, in comfort, at least 100,000 inhabitants, and great prices given for lots in the capital. ' The check has had indeed the most desirable effect of forcing many of the settlers from land speculation to land cultivation, and other healthy pursuits ; but it has found them with • capitals considerably exhausted by efforts of the different description above described. It is an extraordinary proof of the reality of the wealth and prospects of the colony, that it has borne such a heavy and unexpected check so well. The average number of labourers who have been thrown upon the Government for em- ployment has been in the last four months about 100 ; but of these a considerable number were infirm or naturally indolent persons, who, in the most active state of labour, would scarcely be taken by the settlers. A great proportion of the remainder are men with large and young families, a class with whom settlers in the bush are generally averse to engaging. A return of the Immigration Agent, sent to me a short time since, of single men able to work at a road across Mount Lofty, reported only 10, and 6 boys. For all there is ample employment in public works for important objects. The public offices, the gaol, and the infirmary, require in the winter months a large supply of fuel. The park lands are strewed with large fallen trees, which are fast disappearing through private depredations. All the emigrants on the public works that can be spared are employed to cut them up into proper sizes, and to stack the wood for future use at the iron stores in Victoria-square. At this occupation two or three hundred men might be usefullj', and, as regards future saving in an article which must rapidly become more expensive, most economically employed for at least one or two months. Surveys and Land Sales. The quantity of land sold recently in the province has been very small, a necessary result of the quantity already appropriated being from six to seven times greater than is required for the location of the population. It has been urged, lately, that very little good land remains in the explored districts, not enough even, in one block, for a special survey. The statement is certainly erroneous. From personal observation, I can say that, without regarding the one or two special survey extents of good available land at Port Lincoln, some north and north-west of the light, one near Lake Flinders, and one, probably, near Cape Bernouilli, there are a considerable number on the Murray, and, from recent discoveries, (October 1840,) several round Lake Albert. These are certainly distant from Adelaide, and they are, in their present state, agricultural rather than pastoral. In the former class, however, they are very beautiful, and abundantly watered. The application of 80-acre land orders has been extensive ; as a general fact, those only remain unapropriated which the owners are reserving for choice situations. The preliminary claims have also been rapidly disposed of. By about the close of the year 1840, there will only remain unsurveyed, of the preliminary districts, G and H, the two on Kangaroo Island. Of these, the principal holders of reserved orders, applicable to them or their agents, have requested me to defer the surveys. The land on Kangaroo Island, gene- rally, will be useless until the occupation of the Murray and Lake Alexandrma establishes Kingscote, and perhaps Antichamber Bay, as important harbours of refuge, or until the general population is so greatly increased as to make it worth while to eradicate the dense brush with which the good land on the island is generally covered. It is said that even then fresh water will be scarce ; I have not yet been able to go there, and cannot therefore give an opinion from personal observation ; but concerning South Australia generally, I can state that despondent views concerning deficiency of water are practically erroneous. On land available in other respects, water is almost always either to be found on the surface or to be easily procured by artificial means. As far as the experience of the colonists yet extends, there is invariably in the winter months an abundant fall of rain. Of the survey department, as a body systematically and practically efficient, I cannot speak in terms of too high commendation. It does the highest credit to the surveyor- eeneral The immense arrear of work which existed but a short time since has been, to 0.21. 004 every 296 APPENDIX TO REPORT FROM THE Resident Commis- ^'''^''Y really necessary extent, overcome ; recently Complaints have not been heard of the sioner's Half-yearly backwardness of the surveys. It is impossible, however, in consistency yyith the pledge of Report. ^^^ Commissioners, to stand still until all be completed ; any attempt at doing so would be met, on the part of the proprietors, with remonstrances which could not be answered. T,>- The surveyor-general has directions not to take on any new surveyors, and to allow every opportunity for those now employed to leave the department. The Commissioners will perceive that the number is reduced. The road parties also are considerably diminished, the great lines of communication to the different districts being now generally opened, in a manner sufficient for ordinary travelling. To Mr. M'Laren, lately of the survey department, I have given the office of superin- tendent of the Government Farm, an establishment formed within seven miles of Adelaide, at the sources of the Sturt. My object in it is to save the great expenditure which has taken place from the want of a situation in the neighbourhood of the town to which horses and bullocks, sick or not,, otherwise temporarily required, could be sent, and from which grass could be procured for hay for the public service. The expenses of this establishment are the purchase of the land, 800 acres, and inclosing it with a rough fence ; the purchase at the cost price of a small house, which was built by a squatter upon it ; the salary of Mr. M'Laren, and one, or sometimes two labourers. It is connected with the survey, police, and store departments. At a future period it may become the place of retirement within a short distance of the capital, which it is suitable for every government to possess. As yet no surveys whatever have been made in reference to pasturage. In conclusion, I humbly beg to say, I am sensible that, if the expenditure which I have incurred for the past year be authorized by Her Majesty's Government, the self-supporting, system, in the manner in which it has been framed for this colony, is at an end ; and if the expenditure be not sanctioned by Her Majesty's Government, I individually, and the colony in general, stand in positions of great danger. I was fully alive to these circumstances afc the commencement of the current year, as my despatches and reports, I think, will have exhibited to the Commissioners. My Financial Minute in Council of the 3d April 1840,. published in the Gazette of the 30th April, was also drawn up in the full contemplation of them. The habits of 32 years' service, added to the convictions of my own judgment, have ren- dered departures from orders and instructions, I can say with truth, grievously painful to me. I know too well the dangers of responsibility to court it rashly. At the commencement of the present year, if I had been situated within the limits of a short communication with England, it would have been my duty, under the conviction that I could not carry out the self-supporting system, humbly to have surrendered the offices^ which laid the responsibility of it upon me. At the distance of half the world, however, I had not such an alternative ; I was compelled to remain at my post. For the first twelve months of my residence here, especially, I made every effort to accom- plish the object of the founders of the colony. After a few months, indeed, my hope began to be against expectation, but still it was honestly and heartily maintained. I hoped that land, as beautiful, as well-watered, and as available as that within the radius of 100 miles from Adelaide, would continue to be discovered in the immense interior ; that the influx of population and capital would increase in the sam6 ratio; and that the sales of land would not, for some time to come, diminish. Such circumstances might have enabled the Com- missioners to gain time, by permission from Parliament, to increase the loan ; might have made the loan and its interest light upon the colony; and might have covered the expenses of the outfit of the colony, great as they have been, and have supported it until a wealthy population, properly settled, could have met the public expenditure and its arrears by internal revenue. When, after Mr. Eyre's journey across the Port Lincoln Peninsula, and my own to the northward of the Great Bend of the Murray, my hope was destroyed by the evidence that the good land of the colony, within the range of ordinary discovery, was limited in extent, and when other colonies began to draw off the tide of capital and immigration, I had not the power to relmquish at once the trust which had been confided to me of the welfare of this colony. The twelvemonth during which I was to hold it, before I could receive instructions from England, the second of my residence here, was, I found, to witness of necessity one at least of two sacrihces,— that of the self-supporting system, or that of the reasonable prosperity of Placed in this extremity, I humbly confess that, with a clear perception of consequences, I chose rather to encounter the former. A population increasing to 15,000 souls, in a tract of country richly available for the comfortable location of from 200,000 to 2.50,000, of which also land sufficient for between 50,000 and 100,000 had been already sold, demanded, 1 conceive, such a decision. ■' I may be permitted to say, that the self-supporting system was not conceived by me, and that 1 was not pledged to carry it out, but only to endeavour to do so. This, my duty, I assure the Commissioners, according to means and circumstances, I have most anxiously faithfully, and persevermgly attempted. ' I have said, that I had to witness, in the current year, one at least of two sacrifices, that of the self-supportmg system as devised for this colony, or that of the reasonable prosperity of SELECT COMMITTEE ON SOUTH AUSTRALIA. 297 of the colony itself. It is, however, evident that the sacrifice of the latter might, and pro- Resident Commis- bably would, have involved the ruin of both. As it is, one has been preserved. The success sioner's Half-yearly of the colony is estabhshed, diminished, and checked only by the effects of the gross mis- Report, representations which have been circulated concerning it. Notwithstanding temporary depression, it is a thriving community, with great promise of rapid prosperity to the extent that its available land and its natural productions will permit; an extent, as I have before observed, equal, I jconsider, in this present state of discovery, to the comfortable support of 250,000 souls. While authorizing expenses, during the past year, for objects essential to the well-being of the colony, wharfs, custom-house, receiving-sheds at the new port, a substantial gaol, a small infirmary, the active progress of the surveys, the opening of great lines of road*, the erection of some bridges, and other operations of great importance, another cause, besides their usefulness, recommended them to my judgment. The sudden check given to capitalist immigration had communicated an equally sudden stagnation to financial circulation. Since the commencement of the period of depression, the Government outlay mainly has preserved the colony from general bankruptcy, and enabled her to support her workinc; classes. Without it there would certainly have been extensive financial ruin, and very extensive and hopeless destitution ; by its aid the com- munity has borne a very heavy shock, and is triumphantly emerging from it. The depres- sion has had the wholesome effect of forcing a rural population ; but it was sufGciently severe, as caused by the failure of capitalist immigration. A check at the same time in the Government expenditure, would have left the settlers without the means of forming rural establishments, and of employing labourers ; and would, I believe, have spread insurmountable dismay. From my arrival in this colony, it has appeared very evident that a rural population alone could permanently prevent financial ruin. With this conviction, I have pressed on the surveys, have opened lines of road, and have carried on personal explorations. With it also I should, if it had been practicable, have laid heavy imposts upon town residents. The latter, as well as many other important legislative operations, it was, for the first year and a half of my residence here, really impossible to accomplish. I am well aware that it must be difScult for inexperienced persons in Great Britain, and even in this colony out of my office, to conceive the reality of such an impossibility, but I trust that men of real experience will do me j ustice in it. During the year and a half referred to, setting aside all other hindrances, I had virtually* as to practical legislation, that of not being able to procure one working legal adviser. The late acting advocate-general, for whose memory, as regards his character arid general judgment, I have very great respect, was nevertheless extremely inexperienced in practice, and had a constitution so broken that he was scarcely able to bear up against the pressure of ordinary business. The want of sound and efficient legal practitioners is an unspeakable disadvantage in a new coinmunity under a new system, which springs at once into a large population with its multifarious legal and legislative requirements, and in which, in opposition, every man is disposed to be a lawyer. I hope it will be remembered that I have had to encounter not simply the first experi- ment of a previously untried system, but that experiment loaded with pecuhar difficulties. Although experience has led me to think that support to a new colony from the parent state is, generally, as necessary to its healthy growth as nourishment from the mother is to the infant, yet I could not say that the self-supporting system might not succeed, under a combination of very favourable circumstances. It is far from my design to claim for myself exemption from errors in the course pursued. Under the accumulation of complicated considerations increasingly forced upon me, it was not in human nature to avoid them ; but I would very humbly urge that, takmg that course as a whole, and the circumstances which called for it, none other coyld have saved the ■'' I have, &c. (signed) George Gawler, Resident Commissioner. * Clearing from trees and brush; erecting temporary bridges, &c. expedient for the supply of the survey parties alone. 0.21. P P 298 APPENDIX TO REPORT FROM THE Paper, No. 31. Copy of a DESPATCH from Governor Gawler to Lord John Russell. (No. 22.) Governor Gawler My Lord. Adelaide, 28 December 1840. 28 d' g ' I HAVE the honour to acknowledge the receipt of your Lordship's letter of 13th July ^ ' 1840 (No. 12.), enclosing a copy of a Report to your Lordship from the Colonization Cona- missioners upon my conduct m reference to finance, and upon the financial affairs of the province. From the Colonization Commissioners, as a body, (and it is in this sense that for the sake of brevity and clearness I must speak of them), I have received attentions and favours which I shall always be ready gratefully to acknowledge. Their public conduct also has appeared to me to be influenced by sincere and earnest desires for the success of the work confided to them, to which I will always most willingly bear testimony. But when, apparently in disappointment at the failure of some of the leading principles upon which the colony was attempted to be founded, they endeavour to throw the blame of the failure upon me, and while doing so charge me, if I understand the report aright, with an offence of the greatest magnitude in a public functionary, something near to con- temptuous disobedience of instructions, I trust your Lordship will see that I am compelled to speak plainly in my own defence, and pardon me for doing so. The charge just mentioned appears to me to be laid in the general tenor of their report, and in passages such as the following : — "The authority of the commissioners has been quite insufficient to exercise the least con- trol over the colonial expenditure." " Seeing how completely every direction of tlie late commissioners has been set at nought." My Lord, if the authority of the commissioners has been insufficient, it has not been because I have treated it with indifference or disrespect, but because their wishes were not made intelligible to me. In carrying the imputation to the extent of saying that their directions " have been set at nought," they do me very great and indefensible injustice. Their mode of establishing the charge, I think your Lordship will see, I have reason to describe as strangely inaccurate. The commissioners commence their complaint against me by stating that they find " there was no want of proper regulations on the subject of expenditure in the colony from the late board of commissioners." " Proper" in such a case must include practicable. In orders, that which is not practi- cable cannot be proper. Taken in this sense, I assure your Lordship that there was an almost total "want oi proper regulations" on the subject of expenditure in particular. Most deeply desirous, from the habits of twenty-five previous years, to pay implicit obedi- ence to orders if I could do so, I nevertheless found myself driven, from the date of my arrival in the province, to lay aside almost the whole of the commissioners' instructions on the subject of finance as absolutely impracticable, and to proceed upon the authorities which they had given me to act upon my own judgment in cases of emergency. These are as follows ; " Neither are you to incur any expense of a special or extraordinary nature without their previous authority, except in cases of the most pressing emergency, when such previous authority cannot be obtained without serious injury to the public service." (Instructions in regard to Receipt and Expenditure, Art. 9.) " If at any time you should be of opinion that the observance of your instructions will lead to serious evil, you are hereby authorized to make such deviation as you may consider necessary, on condition of your submitting to the Board a full statement of your reasons for so acting with as little delay as possible." (Delegation of Authority, Art. 6.) I feel it strange that the commissioners, while detailing to your Lordship the powers conferred upon me in order to prove to you that I had " set th&m at nought," do not in the slightest degree allude to these extraordinary delegations of authority ; delegations which, unless the commissioners can show that the province has not been in a state of great emergency, and that I have not specifically reported it to have been so, negative every charge of disobedience of instructions. I would SELECT COMMITTEE ON SOUTH AUSTRALIA. 299 I would at once admit, that which I have most earnestly represented to the commis- Governor Gawler sioners, that my communications to them have not, from pressure of loqal duties under most *" Lord J. Russell, inconvenient and trying circumstances, been so full and regular as I could have wished ^^ ^^^c. 1840. them to have been; yet my correspondence has been very considerable; and, as the fol- — ~ lowing extracts from my letters will show, the impossibility of complying with their instructions and the necessity for all the great leading increases of expenditure, have been most explicitly declared to them. Should your Lordship desire further evidence of the manner in which I have urged these points, 1 request you to have the goodness to call for and peruse my complete letters to the commissioners of ./ r 26 October - 1838, No. 7. 5 December 1838, - 10. 23 January - 1839, - 7. 2 February 1839, - 8. 8 April - - 1839, - 14. 8 April - - 1839, - 15. 17 April - - 1839, No. 16. 18 April - - 1839, - 17. 28 May - - 1839, - 20. 18 July - - 1839, - 26. 23 August - 1839, - 27. 3 December 1839, - .52, from Mr. Hall, and all my half-yearly reports. Extracts, (No. 7.) Adelaide, 26 October 1838. Nine days after my assumption of office. " Upon some points I must, in the strongest manner, solicit the commissioners' most indulgent consideration. In them I am about to incur the heaviest responsibilities, but from which I could not shrink, without endangering the finest prospects of this most beautiful colony, and without shrinking from my duty to the commissioners. " I find the establishment of public officers in this colony much beyond the authorized establishment furnished me in England : I am persuaded that with the consent of the council, I must not only keep up, but probably increase the existing estabhshment. " The population, the trade, commerce, and sales of land are much greater than was anticipated in England, and the work for public servants is increased in the same pro- portion. " The establishment of surveyors is altogether unequal to the demand for land; 21,000 acres of preliminary purchases remain unsurveyed, and, of course, the great mass of sub- sequent purchases unprovided for. Great disappointment has been experienced on this subject. It is my intention, with the consent of the council, to put on every surveyor that I can procure, until the survey comes up, or nearly up, to the demand." " " The profits of capitalists are great ; provisions, wages, and house-rent are very high ; all prosper but the servants of Governmeiit ; to retain them in their places it will b e necessary to increase their salaries, at least of the junior classes, to something hke a proportionate scale to those of private offices." " The colony itself is most flourishing. I have great confidence that a proportionably large revenue may be raised from it, and that in many things public expenditure may be reduced. Care and exertion shall not be spared on my part to accomplish these objects ; but until they are attained, I must surpass my instructions, and look to England for considerable unauthorized pecuniary assistance. I trust that in this circumstance in particular, the commissioners will favourably consider my very trying and difficult situation, " It was, I hope it may be testified of me, always my practice to obey orders and instruc- tions with conscientious precision ; it will be so again as soon as it can be done with faith- fulness to my charge, but placed as I a m in circumstances unforeseen at hom e, with the breadth of the world between the colony and its only point of reference, and with a rapidly inflowing population, the current of which hesitation would check and turn off to other colonies, I am, I conceive, bound in duty to incur all necessary responsibility, and with the advice of the council, to act according to the emergency/' (No. 8.) 27 October 1838. " The expenses of the survey are a heavy drain upon the expenditure of the colony. " It appears to me that they are fairly chargeable to the emigration fund, and that pur- chasers generally would be most willing to give more for land, in order to obtain it without delay, if an arrangement of this kind were correct and feasible.*' (No. 10.) 5 December 1838. "I shall use my utmost endeavours to send detailed statements of all the accounts of the colony with my half-yearly report in January next. " At present anything approaching to such regularity is impracticable. "The accounts both of public monies and stores are in great confusion. Until system is introduced into the different public departments, I intreat the forbearing consideration of the commissioners with regard to any irregularities or neglects of which I may appear to be guilty. " I assure them that I am labouring earnestly to establish method and order, of which hitherto there have been very little.^' 0.21. pp i "As 300 APPENDIX TO REPORT FROM tHE Governor Gawler " ^^ Opportunities offer of getting bills discounted at par, I propose to continue drawing to Lord J. Russell, upon the commissioners for the liquidation of proper, well proved, and urgent debts. I can- 28 Dec. 1840. not well describe to the commissioners the evil effects which would ensue if I were to delay this measure until 1 could obtain their sanction to it, but trust that when they consider the extremely delicate character of the financial affairs in a colony such as this is, they will, without difficulty, comprehend all the evil effects I allude to, and will approve of the course I am adopting." (No. 7.) 23 January 1839. " I lament that I have occasion to report to you, for the commissioners' information, that the land office and the surveyor-general's offices, in Adelaide, were totally destroyed by fire on the afternoon of yesterday. " These buildings were constructed entirely of wood, and thatched with reeds, so that the fire had obtained considerable vigour before it was perceived." " Under the circumstances it is necessary that new offices for the transaction of the business of these two very important departments should be erected without delay ; and in determining' their site, I shall give due regard to concentration, as I consider readiness of communication between the several brariches of the colonial government to be essential to the satisfactory and accurate procedure of public business." (No. 8.) 2 February 1839. " I regret much to say, that for some time at least it will be impossible for me to comply with that article of my instructions which requires that no money should be drawn in ad- vance, and that the purposes for which sums are required should be specified in the bills in which they are drawn for. " The state of the finances and the financial system, the deficiency of system in every public department, the inadequacy of the sum allowed for quarterly expenditure, the impos- sibility of complying with many of the commissionei's' most prominent instructions, are most deeply harassing to my feelings. I am fully aware that such things, viewed from England, at a distance of 16,000 miles, and standing in conjunction v.'ith the most unprincipled and disingenuous misrepresentations of a knot of persons in this colony, of which the Southern' Australian newspaper is the principal organ — I am fully aware that such things are calcu- lated in the highest degree to make the commissioners doubt if I am not betraying the very great trust they have reposed in me." (No. 14.) 8 April 1839. " I have the honour to enclose, for the information of the commissioners, the treasurer's accounts of receipt and expenditure for the quarters ending the 31st December 1838 and the 31st March 1839. I ordered the different items to be classified under their proper heads. These documents, I hope, will give a view, in some degree satisfactory, of the situation of the affairs of the colony in the very important particular o[ finance. " I am deeply anxious that in the workings of this branch of the colonial administration, above all others, everything should be clear and regular. I have directed, and will direct my attention unremittingly towards it, and assure the commissioners that to the utmost of my power their instructions, of which I have just received the new form, shall be complied with. " Nevertheless I would urge, with the deepest respect, that their orders are rather perfect regulations for a perfect colony than instructions for a new settlement which has but just sprung into existence,* and of which the affairs have until lately been in a state of great confusion, without system and without regular records. " There are not at this time in the colony men who can carry a r egular system of govern- ment into efl'ect. " For the present public officers in general I have sincere respect and regard, but to this it must be added that many of them, among others the colonial treasure r and store- keeper, are altogether unacquainted with the principles of official routine and regularity., it is with the greatest difficulty, and only after long and tedious delay, that I can procure from them the most common returns." " One very great cause of the negligence and irregularity which has prevailed in the transaction of official duties, is the utter inadequacy of the salaries of pub lic officers to their expenses. Soon after my arrival in the colony, some of these gentlemen intimated to me directly their intention of resigning, unless their salaries were raised ; others did'so indirectly. These two classes included some of the most able and active men in the public service; an extensive body remained of those who, on principle, gave up a large proportion of time to their private pursuits, on the plea that the insufficiency of their salaries rendered such a course absolutely necessary for their existence. " It becanie, therefore, imperatively requisite, as a first step towards order in the dispatch of public business, to raise the salaries of a lai-ge proportion of them. " I have done so, commencing fi-om the 1st of January 1839, according to the accompany ing returns. " The * A respectful mode of expressing my conviction that the instructions of the commissioners were almost wholly inapplicable to the colony as it was. SELECT COMMITTEE ON SOUTH AUSTRALIA. 301 " The principal officers have, generally, been left as they were, for the consideration of the Governor Gawler commissioners. Most of them have private means of support, and from principles of to Loid J. RusislI, honour and zeal for the colony will probably continue in their stations, at least until their '^^ ^^^' '*°" circumstances have been reported to England. It has been, however, absolutely necessary to give those who were appointed pro tempore the full pay of their respective ranks. " Regarding the junior officers, I can affirm with confidence that there is not one of them overpaid, and that, according to the rate of expenses in the colony, they have barely the means of decent subsistence. " I enclose, for the information of the commissioners, the proceedings of a Board which I ordered in reference to this subject. I have also been compelled, as the commissioners will perceive by the returns, to increase the number of public functionaries. " This measure has been rendered absolutely necessary, among other reasons, by the work of bringing up the heavy arrears of business in every department ; and the increase of the colony in population and extent will probably make it impossible, even when these arrears are brought up, to diminish the establishment. " In acting on my own responsibility in these and similar cases, I do not overlook or undervalue my instructions. I trust, as in a former letter I ventured to observe, that those under whom I had the honour of serving in trying circumstances, for long periods of time, would testify that it was not my practice to rush repkiessiy into unnecessary responsibility. " In my present situation there is only the alternative between destroying the most bril- liant prospect of colonization that was ever presented to the world (such is my conscientious opinion of it), or of acting decidedly and promptly on my own judgment, according to the extraordinary circumstances with which I am surrounded*. " I prefer infinitely the latter. " I trust to the very deep anxiety which I believe andam persuaded the commissioners feel for the success of the work with which they were charged, and to the spirit of con- fidence with which they have trea,ted me, to justify my conduct among themselves, and to lead them to plead in its justification before Her Majesty's Mmisters. " I can boldly say, that looking to their own instructions, the cases in which I depart from those instructions ' a re cases of the most pressing emergency, when the previous authority of the commissioners cannot be obtained without serious injury to the public service.' " — (Instructions to the Resident Commissioner, Art. 9.) " In drawing bills, the only occasions on which I prefer to negotiate them through other channels than that of the South Australian Company, are those in which higher rates of premium can be procured than the company offer. " It is difficult to comply with th e regulation which requires the object of expenditure to be described with the bill. Private individuals require sums with which the items of expen- diture will not coincide with anything Hke precision, and withdut something near to pre- cision it is an unnecessary form. " Current expenses cannot, in our present irregulaf state, be precisely calculated, and yet such are the circumstances of the colony that they must be met. To this I would further add, that in connexion with the prying, unjust, excitable spirit which prevails among some few of the perso ns with whom I am surrounde d, the frequent pubhcation of the amounts of detached portions of the expenditure is calculated to give food for political agitation. I have not the slightest desire for concealment with regard to the accounts ; will publish quarteriy abstracts of them in the Gazette, and will most carefully forward quarterly details of them to the commissioners. It is only to the exhibition of them in portions that I have a strong objection, and would submit it for the consideration of the commissioners. " I assure them that I will not enter into expenditure of any extraordinary character with- out immediately communicating the causes and objects to them, neither will I allow of any long outstanding claims." ^ 1 ^ ^ -• ^ ^i, "I freely confess that, while looking with most confident expectation to the pros- perous progress of the colony, I am distressed at the state and prospects of its financial affairs. For this reason however, only, that I cannot close my eyes to the -fact, that they menace the self-supportin£syjtem which the commissioners, and I as their delegate am pledged if itT^^Si^ibk, to carry out. Of my duty with regard to it, I assure the commis- sioners i never lose sight, but still that duty can only be performed with_a_du^regar^o those arrangements which are essential to good government and to common justice m the remuneration of pub lic men. ,. ^ , j ^i, i, " It has been found absolutely necessary to increase the police force beyond the number authorized in Lord Glenelg's letter of the 18th May 1838. ■ . .i, ■ "The survey system in its ordinary coarse is peculiarly expensive, from the circum- stances that the land IS surveyed before it is chosen, and that it is divided into portions much smaller than purchasers' in general require. Large tracts of surveyed land remain Tappr^riated, and the trouble of marking out small sections is almost as great as that of marking out large ones." * Population was then flowing in with an almost appalling tide, into a country of which I knew (he capabilities to be very great. '0.21. .' ^P 3 302 APPENDIX TO REPORT FROM THE Governor Gawler (No. 15.) " 8 April 1839. to I^rd J. Russell, " Since my arrival in this colony two subjects, involving considerable extraordinary expen- 28 Dec. 1840. diture, have been primarily forced upon my attention, the necessity of erecting a government- " '- house and public offices. " The accommodations and condition of my present habitation are truly miserable. On these points I request the commissioners to read the minutes of Council of 29th October 1838. " The public offices that have been built, or are now rented at the public expense, are few in number, very inconvenient in accommodations, and scattered over a large extent of ground. The land and survey offices, that were destroyed by fire on the 22d January 1839, were the best of the number. Owing to the rapidity with which the population is increas- ing, and to the peculiar workings of our land and emigration system, the public business of the province is very great. It is, I need scarcely say, of the utmost importance to introduce regularity into the transaction of it, and yet it is impossible to do so with our present accom- modations. " Under such circumstances, after long and. anxious consideration on my part, the ques- tion reduced itself, not to whether a government-house and public offices should be built or not, but to what was the manner in which they could be erected to the best advantage at the least expense. " On these points, I endeavoured at first to get the formal and written opinion of influen- tial colonists, as the accompanying report will exhibit, but could not succeed. The excite- ment of private interests is so great, that private individuals who will willingly giv6 their time and attention to public objects are not to be found. " It is with the greatest difficulty that public inquiries of the most ordinary kind are got up and prosecuted. " From private conversations, I have reason to believe that the colonists in general are desirous that a government-house and public offices should be built, and that it would be considefed highly disadvantageous if they were built on temporary plans with temporary materials. " To me, personally, it was a matter of indifference whether the buildings were of a tem- porary or permanent character, but for the colony, it is, I conceive, very important that large sums should not be expended on edifices which would soon require to be replaced. " It would have given me great satisfaction to have submitted these considerations to the commissioners, for their approval, but in the state, progress, and prospects of the colony, it is truly impossible, in cases like those at issue, to delay for a twelvemonth without a decided course. " I have therefore, with the consent of the council, decided on proceeding with about two- thirds of the building fully required for a government-house, and with about one-half of that fully necessary for pubUc offices. I have also ordered to be omitted several appendages to the government-house, such as verandahs or screens, for the windows, which, though" they are in this chmate almost essential to reasonable comfort, may be dispensed with. I am not aware of a single arrangement in any of the buildings which has not been limited by the strictest reasonable economy." "In addition to these extraordinary expenses, there are others which I contemplate with anxiety, and into some of which I have been obhged partially to enter. " The principal of these are : " 1. Small custom-houses for subordinate officers and boats' crews at the New Port, at Orlenelg, Onkaparmga, Encounter Bay, and Kangaroo Island. " ^- ^?^^!^ P*^^^^^ stations at these places.— From the character of the coast and country, acts for the imposition of customs would be mischievous and unmeaning forms without pre- ventive stations, and such is the description of sailors who frequent our ports, corrupted as they have been by intercourse with whalers, that very active and efficient measures of police are absolutely necessary with respect to them. " I have good reason to believe that the revenue has already been defrauded to a large extent, and that shortly the Customs Act will become inoperative unless the fair trader is sufficiently protected. "3. A court-house.— The present temporary building occupied daily by the resident magis- trate contains one apartment only, no jury-rooms or offices of any description. « 4. A gaol.- The present building is the most deplorable contrivance f or confinement that canbeimagmed; since 1 arrived in the colony, six prisoners have escaped from it, the others have only been kept in by police sentries. "5. A native village.— The present location is useless; it is in a bad situation and in design IS not at all suited to their habits. situation, ana in " Every day renders their position in reference to the settiers more dangerous • and it is of EaSs '""'' "'""■■" ^^""^'^ ^^ '^^'"^ *° '^^^'^ theS to occupy fi^^^^^^ « I have good reason to think that many of them are anxious to live in houses and I have ordered three smaU ones to be built to commence the experiment; to these are o be addid a school-house and two very small houses forthe German missionaries J'a MrV'^ emigrant dep6t.-It has been formally reported to me by the emigration agent and Mr. Kingston, that the present buildings are unfit for occupatioi and in too defeltive a state SELECT COMMITTEE ON SOUTH AUSTRALIA. 303 a state to be worth the expense of repairing. The materials of which they were con- Governor Gawler stnicted were exposed for a considerable time on the beach; they were then put together to Lord J . Russell, by mexpenenced persons, and have been left in the rough wood, without paint or preserva- ^8 Dec. 1840. tion covering of any kind. They are without fire-places; there are no kitchens and no privies, nothing in fact to render them decent and comfortable. "7. An infirmary.— Sick persons, some of them in a state of insanity, are frequently thrown upon the government without friends and without means. Sick sailors, whose daily expenses are paid, are numerous, and accidents are rather common. A fund is on foot for contributing to this object, but it will be very long before it can be sufficient to meet the expense. " The present hut is crowded with sick patients. As yet I have not been able to procure from Mr. Kingston plans or estimates of any of these. His business, like that of every active man in the colony, is so great in amount, that he cannot keep pace with it. " I shall not proceed with any of them, except as far as I may be driven t o do so by absolute necessity. I feel how difficult it must be tor the commissioners to estimate that necessity, especially as this colony in its past and prospective increase of population, is unlike any that have preceded it ; but I entreat them, as far as it may be possible, to realise all the circumstances of the colony, and to place themselves in my position. " Before the necessary forms of a mere settlement have been regulated and established, it is passing, in the amount and requirements of population, into a large colony. " Before an answer can be received by me to this letter. South Australia, in all reasonable probability, will contain upwards of 10,000 souls." (No. 16.) 17 April 1839. " The services of every good surveyor of good character that presented himself were accepted. Several came immediately from the neighbouring colonies, and there is now under the surveyor-general a force of nine good surveyors in the field, and a town surveyor and three draftsmen in Adelaide, two of the latter being available for the field when the public service requires it." (No. 17.) 18 April 1839. " The commissioners may rest assured that I will not knowingly suffer debts to accu-- mulate in any way, so that henceforth the disbursements will convey to them a tolerably - accurate idea of the state of the public finances. They will, I trust, perceive the state- ments which I have made, that the authorized sum of 2,500 Z. per quarter is really inadequate at present to the necessary requirements of the province. The salaries alone, at the amount to which I have been compelled to raise them, in order to hold the frame of government together, and to establish some prospect of regularity in public business, nearly absorb the allowance. " In addition to the expense required for the officers of the colony, every man and (in want of Government stables) every horse in the public service is maintained at an average rate of not less than 100 I, a year." (No. 22.) 22 June 1839. " I had written a letter, to the number of the present communication, informing you that I had the satisfaction to enclose the long promised returns of receipt and expenditure. I did so from knowing that these returns were complete, and that I should consequently receive them in time for the mail. When, however, they came into my hands, great errors were so evident on a mere superficial inspection, that I felt it necessary to return them to the treasurer for further examination and correction. " The conversation which took place between Mr. Gilles and myself in connexion with this step, produced an offer from him to resign the office of treasurer, if he might be appointed to that of auditor-general. " The commissioners will not, I hope, consider me guilty of unjustifiable leniency m having closed with this offer, instead of removing him altogether from the public service. It is true that orders and remonstrances, given at intervals during the whole period of my resi- dence in the province, have been neglected by him, and engagements founded on them broken, and this too when he was allowed all the assistance that he requested, two addi- tional clerks, and Mr. Stevenson at times, in furtherance of his duties ; but to balance this, he is, I believe, a truly respectable, honourable, and well-meaning man ; he has rendered esseritial services to the colony, and is overflowing with zeal for its prosperity*. " My principle has been to establish a paternal, rather than a judicial, system of govern- ment, and with this it was not consistent to subject Mr. Gilles to the disgrace of ejection from a high permanent office without allowing a step to break the fall. " With a correct methodical treasurer, closely superintended by the commissioner and assistant-commissioner, financial routine will work well, even if the auditor-general be inefficient. With an inefficient treasurer, including in himself the offices of collector ot revenue and accountant-general, it is not possible to emerge from the confusion into which the accounts of this province have fallen. ^^ * Mr. Gilles was one of the original appointments by the Board in England, and I had reason to think, was strongly supported by it, 0.21. PP 4 304 APPENDIX TO REPORT FROM THE Governor Gawler " There is not in this province any person calculated for the office who would give up his to Lord J . Russell, present engagements to accept it. 28 Dec. 1840. "A gentleman in Van Diemen's Land, Mr. Jackson, has been strongly recommended to me, as being of high character, good talent in accounts, and likely to engage in such a situation. I have therefore directed that he should be written to on the subject, as time should not be lost." (No. 25.) 18 July 1839. " The necessit y for taking such steps fills me with almost overwhelming solicitude. " I look round with continual anxiety to discover how that necessity can be reduced or avoided. I examine and sign every bill that is paid, and inquire into the proceedings of every department without discovering any mode of lessening, with reasonable regard to the security and progress of the colony, the very heavy responsibility that the financial affairs bring upon me. I shall speedily formally call the attention of the council to the public receipts and expenditure, and have confidence that that body will most cordially support me in declaring to Her Majesty's Government and commissioners the absolute necessity which has existed for incurring the charges, and the impossibility hitherto of meeting theri;i by any considerable increase of revenue. " The expenses of the survey department are enormous. " In that department I have had, in every respect, to commence anew : it has been neces- sary to purchase instruments, marquees, tents, carts, and horses. "The surveys are no longer confined to points on the coast which may be reached by water, or to the mere plain of Adelaide, as they were before my arrival in the colony ; they' now extend inland to Currency Creek, on the Lower Murray, to Mount Barker, Mount Torrens (at the head of one of the principal branches of the Torrens), and to the neighbour- hood of Lynedoch Valley.; the communications with these are across many very difficult tracts of country, and the expense of transport very great. " The hire of bullocks, the wages of labourers, and the prices of provisions are very high, and everything must be sent from Adelaide ; there are as yet no secondary towns from which supplies can be drawn. " Notwithstanding these difficulties, the surveys must be earned on rapidly, not only for those that are here to occupy land, but for the thousands who are coming oiit to take pos- session of the 100,000 acres which have been purchased for their occupation." (No. 27.) 23 August 1839. " I assure the commissioners, that to the best of my very anxiously formed judgment, in taking the extraordinary st eps with regard to finance, I am only yielding to most imperative and unavoidable necessity ; I have no present alternative ; the affairs of the colony could not go on without such assistance. " Desiring, to the utmost of my power, to satisfy the minds of the commissioners under the most trying circumstances in which both they and I are placed in this particular, I enclose an abstract statement of the receipt and expenditure, from the commencement of the pre- sent quarter to the 19th instant. By this they will perceive that the great and extra- ordinary proportion of the expenditure arises from the police, public works, the survey and the emigration departments. " With regard to the first of these, extended as the inhabited districts of the colony are becoming, it would be very unsafe to reduce it. Two days since, a depuutation from a very influential body, the principal sheep proprietors, waited upon me to request that it might be augmented. "In reference to the second particular, ' public works,' far from running into extremes, beyond our absolute necessities, I assure the commissioners, thai to the best of my judg- ment, and of, without exception, that expressed by all I converse with on these subjects, imprudence appears rather to rest on refraining fi:om commencing others, — a gaol, an infirmary, and a new emigrant dep6t, a suitable court-house, and a bonding-store in Adelaide ; and on framing several now in progress, police and survey stables at Adelaide, and the necessary buildings at the country police, survey, and custom stations, of low- priced temporary materials, which in this country are peculiarly subject to destruction, and in danger from fire. "On the subject of the survey the commissioners have done me the honour to give me most extensive powers, and I trust it is evident to them that the ca,pabilities of that depart- ment are still much below the demands of the colony. The special surveys have added indescribably to the extent of the work to be accomplished. The country is peculiarly intricate, and the distances to a large number of them so considerable, that as yet it has heeii impossible to form any calculation regarding them, or to take over even the external boundaries of the greater proportion of them. Still it is of very great importance, an refers ence to them, that time should not be lost. Labour, provisions, the rates of hire of draught oxen or horses, are very high. The expenses of surveying aie increased in a most extraor- dinary proportion by distance from the centre of supplies, and the character of the country as to intricacy and deficiency of population. '• The general expenses of the immigration department are beyond control. The baggage of the immigrants must be brought at rates which, in England, would be considered very extravagant, ^0. Adelaide ; -they must -be lodged in reasonable comfort in the dep&t, be pro- vided with food, and, when they are sick, with nurses and medical comforts. The charge for these two last items, during the last six months, must appear enormous. The number of SELECT COMMITTEE ON SOUTH AUSTRALIA. 305 of siek in the emigrants' dep6t, especially of those afflicted with scurvv and dvsentprv r- n , l:inZr' ^r) '"' *'' "''"^i ^°"'"*^ peremptorily required for thJm e.traSt:"^' t^ZoTj S eTl m quantity and of an expensive description; port wine, fresh meat, and other articles 28 Dec 1840 which stand at peculiarly high prices in the colony. . 3dly. That my opinion, that in thus acting^ according to the unforeseen emergencies of the colony, I was also acting in conformity with the wishes of the commissioners, ought to have been, as it was, confirmed by the circumstances. That until the report of the 7th July 1840 I never received, in reply to my despatches, the slightest expression of censure, but, on the contrary, was justified by the commissioners in the greatest items of expenditure which I had incurred on my own responsibility — items which embrace almost all the extraordinary expenditure of the colony. And, 4thly. That therefore I am in nowise guilty of the heavy charge which the commissioners have made against me of "setting their instructions at nought;" but that I simply stand on my responsibihty for correctness of judgment as to whether or not the cases referred to were really cases of emergency. In no other manner have I ever intended, in any of my former official statements, to con- fess responsibility. In speaking of unauthorized expenditure, I have always supposed it would be distinctly understood to mean expenditure unauthorized by detailed instructions. I came to this colony to conduct a great and first experiment. The commissioners, in reference to themselves, in their report to your Lordship 7th J~uly 1840, also call it " an experiment." An experiment of necessity involves the possibility not only of success, but of failure, without blame to those who conduct it faithfully. The experiment in South Australia embraced two great considerations : the success of the self-supporting system, and, the safety of the colony. It turned upon the point as to whether or not the two could be made to coincide, and it consequently became a duty on those who conducted it to hold clear views as to which was to be abandoned, if the two should stand opposed. I never doubted but that the safety of the colony was the point to be primarily main- tained ; and until the receipt of a semi-official letter from Colonel Torrens, dated 17 th June 1840, and of the report to your Lordship of the 7th July 1840, the instructions and cor- respondence of the commissioners with regard to emergencies, gave me the fullest reason to believe that their view and mine coincided. Upon this view have been founded my ideas of emergency. I considered it emergency when the survey department could not keep nearly up to tlie demand ; when the pohce was not sufficient to repress bushrangers and other lawless cha- racters, to control the natives, and to check contraband trade ; emergency, when pubhc officers of value were leaving their situations on account of the insufficiency of their salaries, or were trading and really plundering the government on what they called authorized prin- ciple ; emergency, when, the survey and land offices being burnt down, there was not a public office belonging to the government in Adelaide, and none of reasonable permanent suitableness to be hired ; emergency, when, with an immense pressure of business and harassment of all kinds upon me, I, my wife, family, secretary, office, and servants, were the day to a mud cottage 50 feet by 27 feet in extreme dimensions ; and limited during emeraency, when wiin a reaiiy ueauuiui naiurai pun, uuiiiuiciv-t. v»".o tiuixv,,.„g, . indescribable hindrances, from the difficulties of landing in a broad mangrove swamp 0.21. ??3 when with a really beautiful natural port, commerce was suffering almost In a broad mansrrove swamp. Many See Minutes of council, 59 Oct. 1838. Mr. "VVheekr's let- ter, pages 10, 11. 310 APPENDIX TO REPORT FROM THE Governor Gawler Many others could be justly enumerated, but these (iw addition.to immigrant sickness to Lord J, Russell, and destitution) are the great and leading objects which have been to my fullest conviction 28 Dec. 1840. emergencies, and which have absorbed the greater part of the extraordinary expenditure. ■' They were constituted really emergencies which could not be referred to England for decision, from the circumstances that the colony, for communication and reply, was at a twelvemonth of distance in time from England, and that population was flowing in with that which, when the disastrous precedents of some other colonies under less trying circum- stances be considered, may be called an appaUing tide ; and the principle of emergency was' aggravated by an almost total failure of the crops during one year in the countries to which the colony looked for supply, and during the next (I have been but two years in the province), by a financial crisis in the community of a very menacing and prolonged descrip- tion, a crisis from which the community has not yet emerged. Your Lordship would not expect that I could plead for the public service exemption from errors, irregularities, and deficiencies. Every person of experience must know that' these to a great extent, as compared with ofiBcial practice in Great Britain, are inseparable from the extraordinary general state of things here. They also, I must say, as I have often reported before, have been increased greatly by the original arrangements of the commissioners. Their over-earnest efforts at supporting the self-supporting system have worked extensively towards its destruction. The economy attempted by the selection for ofiicial situations, at low salaries, of men utterly devoid of official experience, and in a great many cases even of official talent, and the attempt to allow these functionaries full remuneration by the privilege of private trading, has proved itself to be the greatest practical extravagance. Pages 3G0. 303.- In the cases of the original colonial treasurer and storekeeper, officers on whom so much in expenditure depends, this has been palpable to excess. The commissioners appeared to have considered that they had given to me ample powers to remedy such evils, by placing appointments and removals absolutely in my hands. It was a great boon, without which I could not have proceeded at all, but it was not a perfect or an immediate remedy. In a state of society so excitable as this for a long time was, it was not possible to remove public functionaries from office without causes that would bear the test of public sifting ; and it is not easy to find quickly palpable charges against well- meaning men, whose greatest fault is incompetency. The power also to create and to fill vacancies is useless when there are not persons to be .procured more competent than those who are dismissed, a disadvantage which ■ long Afisted. It is my very clear and long considered conviction that if, following the apparent wishes of the commissioners in their report of the 7th July, I, letting go my view of the paramount iniportance of the safety of the colony, had obeyed even with a wide latitude the commis- sioners' original instructions, its history would have furnished indeed a parallel to that of the chartered colonies of America, to which the commissioners in their report refer. It would have languished for many years a mere settlement, in contention, confusion, and poverty ; and the self-supporting: system would have still failed, inasmuch as there would have existed nothing that could have been called a colony to support itself, or to be supported. On the other hand, keeping, as I have done, the self-supporting system in its proper place, as a subordinate though desirable object, and clinging with full purpose to the reason- able prosperity of the colony, I have at least the heartfelt satisfaction of being able to declare to your Lordship that this object has succeeded ; that there has been established in South Australia a colony, such as never before, in the history of the world, was formed in the space of four years. Its public system and departments settled, peace and good understanding prevailing, and protection of person and property ensured in degrees not surpassed in any portion of the British empire ; land surveyed to accommodate ten times its present population* ; the foundations of and necessary arrangements for progressive prosperity, well and exten- sively laid; a population of from 16,000 to 16,000 souls; an export trade to the value of possibly 60,000 1, per annum; a revenue of from 20,000 I. to 30,000 /. per annum, and a general trade, producing in the past year, including immigrant ships, about 200 sail of arrivals. The accompanying South Australian Almanack for 1841, which I believe to be generally ■^(ijjr^ — correct in its details, will convey to your Lordship evidence of the present state and pros- pects of the province, and prove to you, that as far as any colony of the same age was ever able to support itself, this has the means of doing it. An opportunity which offers for forwarding this despatch, in a quick-sailing vessel, direct to England, induces me to close it with the conclusion of the reply to the charges brought against my own conduct, and to leave the other matters in the commissioners' report, upon which it is incumbent for me to address your Lordship, for another communication. I have, &c. (signed) George Gawler f Governor South Australia. Postscript.— The Fourth Annual Report of the Colonization Commissioners has recently come to my hands by a private channel ; in it, your Lordship will have seen ample proofs in support- of my statement, that "The * Of necessity, purchase and demands for possession having extended over the area alluded to. SELECT COMMITTEE ON SOUTH AUSTRALIA. 311 "The commissioners were desirous to form a fine colony, and abstractedly they were Gorernor Gawler willmg to authorize the measures necessary to accomplish their end, but ... . they did to Lord J. Russel], not calculate the cost of them." — Foregoing Letter, p. 309. izS Dec. 1&40. In page 19 of the Commissioners' Fourth Report, very great credit is given to me foe augrnenting the efficiency of the survey department. " Colonel Gawler was equal to the occasion." " Tli^ugh the energy and moral influence of the governor and resident commissioner, an effective surveying corps had been formed, and a considerable progress in laying out the country effected before the arrival of Lieutenant Home and the detachment of sappers and miners." And in pages 20 and 21, a long list is given, with evident feelings of congratulation, of the execution of those very works which were undertaken by me on my own responsibihty, and which have occasioned a very large proportion of the extraordinary expenditure. Among them also are enumerated, poZice barracks and stables for poZice horses, horses for the mounted police, and houses for police country stations. While, as proofs that the commissioners were not calculating the cost of these desirable and necessary arrangements, nor giving any weight to the representations which I was making on this subject, are the following passages : " We have the satisfaction to announce, that up to the present period, and through the favour and protection of Divine Providence, the important experiment, with the conduct of which we have been charged, has been crowned with success." — Col. Commissioners' Fourth Report, p. 3. " In retiring from the important trust so long confided to us, we may be allowed to con- gratulate ourselves upon having established, by practical proof, the important fact, that the expense of planting new colonies, and of conveying to them the unemployed labour of the parent state, may be defrayed by means of the value which the act of planting confers upon the ;wild lands of an unreclainied country." — Col. Commissioners' Fourth Report, p. 27. It must fairly be presumed that statements like these are founded to a" considerable extent on information received from their representative in the colony, but your Lordship will have seen in the preceding extracts, that from the period of my arrival, while, in my despatches, hope for the Success of the self-supporting system was expressed on one or two occasions, the general tenor of them was calculated to prevent strong confidence in it, and latterly to declare its hopelessness. On these points I would refer your Lordship partitularly to pages 301, 302 and 304 of the preceding extracts, the first written in April, and the second in July 1839. By "the self-supporting system," I always mean the system particularly so called, / adopted by the Colonization Commissioners in reference t,o this colony. 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I g L^ ii< & ■a a S g ^ ■a •C 13 B I I I S I I I I in CD I I I 00 03 O rn pH « s 1 I 1 § s 03 CO 03 rM SELECT COMMITTEE ON SOUTH AUSTRALIA. 313 Th 00 r-t b< u w 1 0 «3 1(3 >0 10 •SABa-i no 1 1 1 1 I , , ■^ajS • 1 1 1 1 1 1 •^nasaij 10 X5 ira U3 10 >0 lO 1— ( Eh i-( 1 § ■ITIOi U3 lO W3 »0 U3 *0 »0 •aAEsi no I 1 r 1 1 1 1 •^I'lS I 1 1 I 1 1 J •iuasaid 10 W3 U3 ■■* W3 »0 -S CU •IVIOi •3AB31 no 1 1 r 1 1 1 I ■1»!S 1 1 1 1 1 1 1 •ijnasaij Q 1 a 6 •IVIOJ, t3!S T-l l-H fH 1 I-H i-I f-H ■jnasajd 00 00 CO 05 05 OS CO cQ , CO "^ n CO CO to E-( s •IVIOi CO 00 CO CO ff3 CO CO •papnadsng Ml 1 1 1 1 1 .a •3ABa7 q^iAi 'Xaupjig ;v r-( rt -^ t 1 1 1 •aAEai qjijiv I 1 r-l rH 1 1 1 •^OJS 1 1 1 1 1 1 1 •jnasajj; > 0} & m -a 3 ft g 0.-21. r r 314 APPENDIX TO REPORT FROM THE -+ oo r-* Cd >> O is s i-J s o cs a< 03 H Pi a O T3 Oh B z a) o -= H HH J =2 O CO o H 03 02 H W S M ^ CS o 02 fed •TVIOI, U5 U3 O O Wt) "3 *^ •aABai no 1 i i 1 1 i I I •5I0IS i 1 !■ 1 r 1 !■ 1 •fmasaj^ lO -to U3 »0 lO »0 "5 O 02 Eh O 12; M o 1 03 1 •lyioi lO >0 "3 "3 CO CO CO ■aABSi no 1 1 1 I 1 I I '513!S 1 1 1 1 1 1 1 •^uasajj lO o »o >0 CO CO 05 •lyioj, •WBaT; no 1 1 I 1 1 1 1 ■laig 1 1 1 1 1 1 1 •^naeajj l-H < s O i 1 6 •IVIOi CO CO CO CO CO ia!S 1 rH (M CM r-- O* r-l •}U383Jn863Jd; CO CO CO CO CO CO CO CD 1— i ■IVIOJ, (S « « « <« !f( ■3ABai ao 1 1 1 1 1 1 1 •13!S 1 1 1 1 1 1 1 ■■(nssajj; « ■ ^ .§ 6 § •^ p A ■p ^ 1 -t>a ■s •"•a "? a 0) P3| ^■3 II II oil iS ■ (S.§g ' g ^ t O ,00 1 n I 02 .4 13 o Pi ■a d ft SELECT COMMITTEE ON SOUTH AUSTRALIA. 315 Governor Gawler Enclosure, No. 2. to Lord J. Russell, ^''"» Whitmore-square, 16 March 1840. I HAVE the honour to send your Excellency a copy of a presentment made to me by the gentlemen of the grand jury at the last criminal session of the Supreme Court; wherem they state, amongst other things, that they find the gaol altogether inefficient, as regards the proper accommodation and safe custody of the prisoners, I am aware that your Excellency is fully alive to the importance of the several matters mentioned in this presentment, and I therefore feel it unnecessary to urge the consideration of It at any length. I beg only to be permitted to add, with reference to that part of it which states the insufficiency of the gaol, that, embarrassed as I am by the state of the gaol whenever I am obliged to issue process for the confinement of a debtor, or to pro- nounce sentence of imprisonment on a felon, I am still more forcibly reminded of its state by the events of the last few days, during which the police force has been subject to ex- treme fatigue in acting as a prison guard, in order that desperate criminals might not escape from the hands of justice. I have, &c. His Excellency the Governor. (signed) Charles Cooper. 28 Dec. 1840. To His Honor the Judge. We, the gentlemen of the grand jury, consider it our duty before separating to make the following report to your Honor. We have to inform your Honor that we have this day visited Her Majesty's gaol. After a careful examination of the buildings now in use, we find that they are altogether inefficient as regards the proper accommodation and safe custody of the prisoners. We are aware that, on several occasions, criminals have broken out from the gaol, and that the safety of the prisoners depends entirely on the armed sentries, who have to be continually on guard without the fence. We find that the prisoners are in a fearfully crowded state, and that no classification of them can be eflPected ; that the debtor cannot be kept apart from the felon ; and that the unhappy men condemned to die do not enjoy that decent solitude befitting their awful condition. We have much pleasure in recording our opinion of the good management, which is apparent, of Mr. Ashton, the governor of the gaol, under such difficulties, and we think fhat it is greatly to his credit that the many desperate characters who have been so long under his custody have not escaped the hands of justice. We beg to suggest that the erection of an efficient gaol is of such importance as to demand the immediate attention of the Government, and that we are of opinion that it should take precedence of all other pubUc buildings. We find that religious books have been supplied to the prisoners, but we regret that Divine service is not performed in the gaol. We further beg to suggest that those prisoners who are sentenced to hard labour might be advantageously employed on road parties or other public works. (signed) Robert Fletcher Bradshaw, Foreman, William Blyth. John Allen. Corns. Birdseye. E. W. Andrews. C. Bonney. George A. Anstey. Richard E. Borrow. John Baker. R- S. Breeze. Charles Beck. Jno. W. Buil. Andrew Berry. Wilham R. Cooke, Enclosure, No. 3, Extract from the South Australian Register, Adelaide, October 17, 1840. Opening of the New Port. On Wednesday last the New Port of Adelaide was opened by his Excellency Governor Gawler, assisted by David M'Laren, Esq., manager of the South Australian Company, m the presence of the largest assembly of colonists ever congregated in South Australia, tpwards of five thousand persons being present. We shall endeavour to give the fullest account of the interesting ceremony that lies in our power • but it is with feelings somewhat akin to regret and disappointment that we admit the impossibility of conveying to the distant reader either anything like an adequate *^ r r 2 conception- 0,21, / / ^ r 3i6 APPENDIX TO REPORT FROM THE Goveinor Gawler conception of the scene itself, or of the causes which have made the removal from the old to Lord J. Russell, landing-place. Port Misery, as Mr. Horton James not very untruly termed it, to spacious 28 Dec. J 840. and commodious wharfs, accessible in all weather and at all times of tide, — a subject of the deepest importance to every grade of settlers. Under such impressions, therefore, we shall hazard no descriptive flights. It is enough to account for the deep interest taken in the matter to state that the colonists have re- N garded the completion of this great work as tlieir future security against the incessant and almost inevitable losses to which they have been subjected in the landing and transit of their property from the port to Adelaide, and in the reflection that all just grounds of complaint in reference to the defective accommodation of the harbour are efTectually re- moved, Adelaide now possesses landing-places and wharfs not merely snflBciently com^ modious for its present commercial requirements, but capable of extension, at small comparative cost, so as to meet the exigencies of any prospective increase in its shipping, and to obviate all necessity of any subsequent removal of the Custom-bouse or landing place. Vessels of 500 tons can haul alongside, and discharge or receive their cargoes as comfortably and expeditiously as in St. Katherine's Docks. Ample storage for goods of all descriptions is provided, while a road above a mile in length, formed at an ex- pense of 10,000?., connects the wharf with the great road to Adelaide, and completes the communication between the city and its port. Let us place upon record the fact, that to the South Australian Company, and to David M'Laren, Esq. their colonial manager, the colonists of South Australia are in the first instance indebted for this important improvement ; and in the second to his Excellency Governor Gawler their thanks are due, as well for the encouragement the work has re- ceived at his h.inds, as for the increased public accommodation which has been provided by the erection of extensive ranges of government wharfs and shades for the reception of cargoes and of goods subject to duty. It is no ill augury, we think, of the future fate of the colony, nor does it evinceslight confidence in its successful career, to witness so large an expenditure freely bestowed on one public improvement. Indeed the gradual developement of our colonial capabilities, • the undeniably great pastoral and agricultural powers of the province — apart from its fisheries and its unbounded mineral resources — have long ago satisfied all persons on the spot, and are gradually but surely dispelling the injurious fictions which at home and in India have hitherto obscured the truth. Before closing these remarks, we may advert to the rumoured intention of the governor to abolish the toll duties originally proposed to be levied for the purpose of paying the expenses of the road. We sincerely trust this rumour will be confirmed. In our next we shall state at length our views on the subject, and take the liberty of suggesting a mode by which the required sum could be obtained without any application to the colonization commissioners or any addition to our present colonial expenditure. Meantime we turn to the proceedings of Wednesday, which may be introduced by the following notes regarding the commencement and extent df the undertaking. The road to the new port was commenced on the 25th May 1839. The length of that road, as originally contracted for, was 92 chains, and was thereafter somewhat extended. The breadth of the road at the base is 45 feet and the top 35 feet, with 10 feet reserved at the side for the purpose of having the road afterwards widened. The road was formed by excavating the groimd on ea,ch side, and is raised one foot above the highest tide yet known. The total expense of constructing the road has been about 14,000 I. The greatest part of the road passes over what was formerly a swamp and unpassable, and the site of the company's warehouses adjoining the road was in like manner a mere swamp. These warehouses have three floors sunk, ground and upper, and have a frontage of sixty feet to the road, and ninety feet to the river, and will afford stowage to 1,500 tons of goods. 'i'he wharf extends 300 feet along the river, and there is a crane erected upon it capable of raising six tons at a time. It was (says our contemporary the Chronicle, whose report we have partly adopted,) judi- ciously thought that the completion of this great work should be celebrated in some pablic and striking manner, and the governor having signified his approbation, Mr. M'Laren took measures accordingly. It was determined by him to give a public entertainment to his Excellency and to the principal colonists ; and when we say that the whole subsequent arrangements of the fete were entrusted to the management of Mr. Edward Stephens and Mr. John Morpheit, we need scarcely add that everything was done by these gentlemen to execute their task on a scale of comfort and liberality well befitting the wealthy com- pany they represented on the occasion. Nearly 600 invitations were issued; and at 10 o'clock last Wednesday morning about 200 ladies and gentlemen assembled at the Bank of South Australia, where carriages were provided for uieir accommodation, and for the accommodation of those who chose to avail themselves of it. By 11 o'clock a numerous array of ladies and gentlemen on horseback and in private carriages formed in processioa along the North-terrace, and at that hour precisely his Excellency, accompanied by his Honor Judge Cooper, Major O'Halloran, Captain Sturt, Mr. Hall, private secretary, Mr. JNewenham, high sherifi; &c. also arrived at the bank. The procession then formed, es- corted by the officers and brigade of the Adelaide corps, assisted by a strong party of the mounted police. As nearly as we could calculate, the muster comprised 430 vehicles of all descriptions, from the dashing four-in-hand barouche, through all the gradations of coach. SELECT COMMITTEE ON SOUTH AUSTRALIA. 317 coach, chariot, phaeton, gig, spring waggon, cart, down to the bullock-team and donkey- Governor Gawler cart. There were, besides, between 500 and 600 equestrians, and the whole scene, in short, ^o Lord J. Russell ■was as nearly the Epsom Derby-day in miniature, as it is possible to conceive. It is 28080.3840.' pleasant to record that no accident whatever occurred to mar the pleasures of the day. ' Every arrangement to preserve order had been previously made by Inspectors Tolmer and Stuart, and the police deserve the greatest credit for the manner in which they executed their duty. On ihe procession arriving at the commencement of the road, the governor's flag was hoisted at the new flag-staff, and a royal salute was fired by the Sappers and Miners from the guns placed on the government w^harf. The salute was repeated by the vessels in the river, who vied with each other who should display most bunting. The river was at this time studded v?ith boats sailing and pulling, and a very large concourse of people had already assembled on the wharfs and along the line of road. On arriving at the custom- house bridge, the company dismounted and proceeded to the wharf, alongside of which lay the barque Guiana, and the schooners John Pirie and Victoria, bearing the flag of the South Australian Company, their colours, numbers, and other flags. The Rapid was also lying alongside, decked out with all her flags. The Enterprise was in the stream opposite, ready to haul alongside; and the Truelove lay a short distance ahead of her, having just hauled into the stream after having discharged. His Excellency, accompanied by Mr. M'Laren and the rest of the company, then pro- ceeded to the company's wharf, where a platform was erected. Mr. M'Laren then said : — " My friends, — In commencing the proceedings to-day, I beg to submit to you the pro- priety of uniting in acknowledging the hand of Providence, whose blessing was asked at the commencement of this undertaking, and to whom we ought to return thanksgivings at its completion. 'Except the Lord do build the house, the builders lose their pains'." His Excellency having expressed his concurrence in Mr. M'Laren's proposal, the Rev. Mr. Howard offered up a solemn and impressive prayer. His Excellency the governor then addressed the assembly in the following terms: — "We are all engaged in a great work, the work of transforming what was lately a desert into cultivated fields ; but as regards this particular undertaking, the completion of which has brought us together to-day, I most sincerely congratulate, not only the manager of the South Australian Company, and through him the company itself, but also every one present, and every South Australian colonist, for in the proceedings of this day I see the downfall of that giant which was considered unconquerable (cheers). The swamp which was considered impassable has been overcome, and a good substantial road now extends from these warehouses to its termination. In our colonial history we have had many serious difficulties to overcome ; not such difficulties as some of our enemies have said there were, but difficulties certainly which required some exertion and considerable labour to overcome, and one of the greatest of these has been vanquished this day (cheers). I have said we have not such difficulties to overcome as our enemies would make the people of England and India believe. For instance, vessels are not obliged to discharge their cargoes at Nepean Bay, as has been stated recently in an East Indian paper. I am not inclined to introduce anything of a ridiculous description into this day's proceedings, but I can hardly help alluding to a parallel circumstance. A traveller from the Continent, when on a voyage, had occasion to put in at Dover, and at the inn where he lodged the barmaid had red hair; he thereupon entered in his note-book, and duly reported to his countrymen, that all the English barmaids were red-headed (laughter). So with the writer in the Calcutta Englishman, he has drawn from an isolated fact a sweeping general con- clusion. He had happened to come here in a ship which discharged her cargo in Nepean Bay, and he thereupon set down and published the falsehood, that all vessels discharge in that place (cheers). Now, my friends, though we have had difficulties to overcome, we have had none of such a ponderous nature as this would be, and tljose we have had are now overcome (cheers). I hope that the great work now so far completed will form a steppino'-stone to the prosperity of the port and the colony, and that we are fast advancing to that rank in the world which Providence lias marked out for us (renewed cheeks). Let despondino- persons, let those who have come here expecting to reap wealth without labour let^those who have made it their.business to misrepresent the colony, say and write what they please; let us look to the capabilities of our colony; to the agricultural, the horticultural, the pastoral, yes, and the manufacturing capabilities. Let them look at our slate our marble, our iron ore, our abundance of wood to smelt it, and our other natural productions, and calculate what may be done with energy and industry, and then say where is the cause of despondency (cheers). When we remembsr that we have not yet completed our fourth year of colonial existence, I am bold to say, that never was done so much in so short a time as has been done in South Australia (cheers). But I have said I have not only to congratulate the colonists, I have also to congratulate the South Aus- tralian Company, and their manager, Mr. M'Laren (great cheering). They have done their dutv to the colony ; for it is the duty of large and influential companies to come forward and execute those undertakings which private individuals could not accomplish. Ladies and gentlemen, I now declare these landing-places to^ be a part of the new port. I will if you please, give this wharf the name of the gentleman under whose management it has' been constructed ; we will call it the ' M'Laren Wharf ' (tremendous cheering). We will now proceed to land the first bale of goods on it." A box of tea and a small box of spices were then brought up from the hold of the Guiana and landed on the wharf amidst a thundering round of applause, which was o.ai.' rrs answered 3i8 APPENDIX TO REPORT FROM TtiE Governor Gawler answered by the people from the Enterprise and Truelove, lying opposite, and the other to Lord J. Russell, vessels. Three jsheers were also given for the Guiana, the first vessel from which cargo 2B Dec. 1840. ^as landed oji the wharf. The two boxes were immediately despatched express to Adelaide, as a present to Mr. M'Laren. The governor's flag was then struck, and the union-jack run up, while a salute was fired from the guns on the Government wharf, and returned by the ships in the river. His Excellency and a great part of the company assembled then retired to the com- pany's warehouses, and partook of the refreshments there provided for them. Shortly after the regatta commenced. At two o'clock about 450 ladies and gentlemen sat down to a sumptuous dejeuner a la fourchette in the company's spacious warehousesi, When the repast was finished, his Excellency proposed the health of the Queen and Prince Albert, which was received with all the honours. After the usual toasts had been given, David M'Laren, Esq. rose and spoke as follows : — " I rise thus earl}* to propose a loast, which I wish had been entrusted to some gentle-- man more competent than I to do justice to it, although I have no hesitation in saying, that no part of the services of this auspicious day could afford me higher gratification than I now enjoy in proposing the health of his Excellency Colonel Gawler. (Long and continued cheering). I am sensible of the peculiarity of my situation, and shall endeavour not to violate that propriety and delicacy of feeling of which his Excellency is so correct a judge, and of which the laudatory compliments paid to individuals occupying elevated situations in society, in their own presence, are gross violations — violations which, to every well- regulated mind, are painful and nauseous. In proposing this toast, however, notwith* standing his Excellency's presence, and notwithstanding that you are all well acquainted with his Excellency's various merits, it would be unpardonable in me to forbear accom- panying the proposing of this toast with a few brief remarks. On this day, which may be regarded as the second anniversary of his Excellency's arrival amongst us, our minds are naturally turned back to October 1838; and although I dare not use language in the strain addressed to the most high and mighty Prince James by the excellent translatoris of the English Bible, that upon the setting of that bright occidental star Queen Elizabeth^ some thick and palpable cloud arose, which was instantly dispelled by the appearance of his Majesty as of the sun in his strength ; yet we cannot fail to remember, that at that period our small community was a prey to dissension, and that nothing had a more salu- tary influence in healing our divisions, and smoothing our asperity, than the kindly yet dignified conduct of his Excellency; and I am persuaded that the present harmony which so happily and generally prevails, is not more gratifying to any individual heart than to that of his Excellency, who has often reminded us that — ' we had too much to do to quarrel' (cheers). Were I to name an intermediate date between October 1838 and October 1840, as the time when that harmonious feeling was first conspicuously marji- fested, I think I should carry your conviction with me in fixing on the 25th May 1839, when the road was begun, by the personal exertion and under the personal patronage of his Excellency, which road is now completed (cheers). The few spadesful of earth which his Excellency then dug, uprooted the hateful weed dissension, and buried it under the soil (cheers). The magnitude, as well as the eflSciency of his Excellency's exertions in extending and expediting the surveys of the waste lands of the province are well known, and entitle him to our warmest thanks. In consequence of these exertions, those now arriving on our shores obtain, or may obtain, very prompt locations (cheers). The anxiety his Excellency has shown in ascertaining the capabilities, and unfolding the advantages of the country of our adoption, has been evinced by great personal exertions risks and sacrifices, and by the decided countenance and support afforded by his Excel- lency to those enterprising colonists who have been willing to undertake the exploration of the unknown parts of the province. You cannot have forgotten the interesting scene at Government-house on the i8lh June last, the anniversary of Waterloo, in which event- ful fight his Excellency (according to the sentiments generally prevalent on such subjects) gloriously participated ; and although it is to be regretted that the report just received from our enterprising fellow-colonist, Mr. Eyre, is not more gratifying, yet better things may be in store for us, even in that quarter, and even although it should turn out other- wise, it is no inconsiderable advantage to know the worst. In no single respect has his Excellency shown greater anxiety than in securing adequate harbour accommodation and this day proves that that anxiety has been relieved and removed. In carrving out these , operations his Excellency has been pleased to extend his kindness freque'ntly to me as the humble representative of the South Australian Company. His Excellency lias already this day addressed us on this subject ; he may be pleased to resume it, or other speakers' may advert to it; I therefore pass from it, as it is more suitable for others than for me. In one particular I am sure there is but one sentiment throughout the whole community ■ that is, as to the single-hearted devotedness of his Excellency to the interests of the pro- vince (cheers). These I believe he uniformly studies to advance, and in any particular case, all that is required in order to the adoption of any measure is to convince his Excel- lency's enlightened judgment that the measure proposed is conducive to the general interests of the colony. ^ I have to apologize for the length of this address, but I hope this company can distinguish between length and tediousness. If this address be tedious as well as long, the cause of the tediousness is in the speaker, and let him bear the sham«; The reason of its being long is the number and variety of his Excellency's merits, and of the benefits he has conferred upon the community. I have not yet enumerated them His Excellency has shown great interest in the labouring classes, and I add deliberately] and SELECT COMMITTEE ON SOUTH AUSTRALIA. 319 and vfithout fear of exciting any discordant feelings, great anxiety for the amelioration of Governor Gawler the condition of the native population ; and if at any time measures of severity be to Lord J. Russell, adopted, v?hetlier against the white man or the black man, I am convinced the feeling is 28 Dec. 1840. universal that these measures are adopted by his Excellency with reluctance extreme. His kindliness and benevolence extend to all classes ; he is the ' father of the people,' and in this character we now hail him. He has exercised a fatherly care over us — he has shown a fatherly indulgence towards us — and he has sometimes administered a little fatherly chastisement, as some of us have experienced— [Here the speaker turned to Mr. Morphett, who was seated on his right, and whose responsive smile showed he under- stood the allusion] — but it was all for our good — to make us better boys (cheers and laughter). 1 must close, although I have not yet stated what I consider to be the chief excellence of his Excellency ; that which I hesitate not to say, most powerfully excites my respect, esteem and love— that on which I most confidently rely for the equity, use- fulness and success of his Excellency's administration — it is that he is, in my opinion, influenced in all that he does by Christian principles, and that he gives, as does his justly- respected partner in life, the whole weight of personal and family example and influence to the encouragement of piety and virtue, and to the discouragement of vice (cheers). There is nothing under heaven more stable, vigorous and noble than Christian principle ; it is the germ whence arises the highest grade of human character. In the full persuasion that I have expressed, however imperfectly, the sentiments and feelings of all present, I beg to propose the health of his Excellency Governor Gawler." (The toast was drunk with thunders of applause). His Excellency then rose, and said,' — "dentlemen, the very kind and warm manner in which my name has been mentioned by Mr. M'Laren, and the manner in which it has been jeceived by the large and respectable assembly now before me, gives me the utmost grati- fication. There is nothing I desire more in this world, and nothing I am more anxious to continue to enjoy, than the good opinion of the colonists of South Australia (cheers). I am sure I do not dishonour the gift of my Sovereign in appointing me Governor here, or undervalue the honour done me by the South Australian Commissioners in electing me their representative, when I say that unless my exertions are seconded by the full support of the colonists, I can do nothing. I came to this place with the intention of doing my duty to my Sovereign and to the colonists (cheer), and whenever I lose their good-will, I care not how soon I resign my situation, feeling confident that unless the Governor and the people go hand in hand, the colony will never flourish as it otherwise would (cheers). I have all along laboured for the support and good opinion of the colonists (You have it). By the principles on which this colony is founded, I am placed in a very peculiar situation. I have to work out a new principle in a colony that has sprung into existence at a bound, and that has advanced with a rapidity unequalled in the history of British colonization (cheers). The development of the new principles throws around the government a series of difficulties — difficulties unknown to others who go on in the routine of a beaten tract— and it is therefore that I more especially desire the support of the colonists of Soutb Australia (cheers). In political professions, it is a general rule that they are to be weighed ,on the principle that truth is not always in them. Such professions, however, I have never been accustomed to make. Truth is, in my opinion, quite as necessary to the duties we owe the colonists, as it is in a man's individual duties ; and I have always found that, both in public and private matters, ' honesty is the best policy ' (cheers). Gentlemen, there is no title with which I would feel more honoured than that with which I have been favoured by the manager of the South Australian Company, 'Tbe Father of South Australia' (applause). I trust that those absurd and mischievous principles which prevail elsewhere, will have no place in the minds of any persons here ; 1 mean that of supposing that the government is pulling against the community and the community against the government (hear, and cheers). Here, all such feelings have, I trust, been long since forgotten, and merged in a desire for the prosperity and advancement of the province (great cheering). No one more earnestly desires to uphold the liberty of this province than myself; no one shall ever have to say of me, I trust, that I have trampled on public liberty (great cheer- ing); for it is a greater honour to be at the head of a small community of free people, than to hold tiie sway over an empire of slaves (tremendous cheering). Yes, I feel it an honour to be at the head of intellect, intelligence, and enterprise, and much of each of these I find existing in South Australia (applause). Gientlemen, I am not infallible, no man is ; in the many difficulties I have to overcome, it is impossible not to err sometimes ; but when I do go wrong, if the correction is brought before me in a proper manner, in moderate terms, I am glad to receive it (cheers). Gentlemen, you also have difficulties to overcome as well as me. There are difficulties to be overcome for the general good, and every colonist has his own difficulties of a private nature to surmount. We are not to sleep ,on a bed of roses, prepared and ready for us here, but by our exertions we are to make ♦ the widerness rejoice and blossom as the rose' (cheers). Let us then endeavour to carry ■this out. Let us raise small towns throughout the country which so lately was a wilder- ness, and let us endeavour to show the absurdity of the barmaid principle which I men- tioned before. Let us state our capabilities fairly as they are, and it will be found that 'Truth is great, and it will prevail' (cheers). Gentlemen, Mr. M'Laren has mentioned Mr. Eyre. There is one here who I think will convey to that gentleman the good feelings of those now present (cheers). He fears that his failure may be judged of, not from the difficulties he has had to encounter, but from its proceeds. The difficulties he has met with are almost unequalled in the world. He met with a lake 400 miles long, hemming him in on every side like an immense horse-shoe ; but what did he do ? Did he retrace 0.21. ^''4 ^''* 320 APPENDIX TO REPORT FROM THE Governor Gawler ^^^ steps to Adelaide, and say, I have compromised the bargain I made with you ; I have to Lord J. Russell, tried to penetrate, but am unable, and therefore I give up the attempt? No. But he 28 Dec. 1840. says, I cannot outdo the enemy in front, so I will try to outflank him (cheers). The centre of Australia is not lo be attained easily; and if be fail to reach it this winter, he will at least have paved the way so far by. which we may trust to see him reach it next winter (great cheering). His Excellency concluded by proposing, ' Prosperity to the Colony of South Austraha.'" Edward Stephens, Esq. then proposed, " Mrs. Gawler, and the ladies of South Australia," and thanked them for theiif attendance. His Excellency the Governor acknovriedged the toast, and gave the " South Australian Company." Mr. M'Laren, manager of the South Australian Company, in returning thanks, spoke as follovf* : — " As the representative of the South Australian Company, I beg leave to return to your Excellency my most respectful thanks for the flattering terms in which j-^our Excel- lency has been pleased to propose the toast which has just been drunk ; and I thank my fellow-colonists for the manner in which they have responded to your Excellency. If the feeling of regret can mingle at all with the proceedings of this ?iuspicioiis day, it arises from the circumstance of there being none of the directors of the South Australian Compariy present: had there been any of them with us, the whole scene must have been in the highest degree exhilirating. I shall not fail to represent to them fully the nature of these proceed- ings, although I am persuaded that you must all be convinced that no description can convey an adequate idea of what we have seen and heard. At this late stage of the pro- ceedings, it would be ill-judged to detain your Excellency and the meeting. Ere ^ sit down, however, I may be permitted to say that, on the 25th May 1839, 1 stated my inten- tion to have a road constructed to the new port, terminating in a wharf, alongside of which vessels of from 400 to 500 tons could lie and discharge cargo out of the ship's hold on the wharf; this, I may say, has been done, and more has been done than I promised to do. These spacious warehouses, capable of containing 1,500 tons of goods, have been erected ; not a fracture has been discovered in them. In reference to which I beg to state, in con- clusion, that it would be very unjust and base in me not to state, that for the design, the erection, in fact, for the very idea of them, we are mainly indebted to Mr. Prescott and Mr. Hancock." The Hon. Captain Sturt then rose to propose a toast. He said there were very few pre- sent who would not look upon the formation of the port which had just been opened as a most extraordinary undertaking. "Hook," said Captain Sturt, " on the example which the manager of the South Australian Company has set, not only of signal enterprise, but as one which has proved that the port of Adelaide is capable of being made equal to the city itself. 1 may be permitted to say that there is no one among us more willing than his Excellency the Governor to make this an available harbour. I have received instructions from his Excellency to write to Sydney for a small steamer, to deepen the bar at tbe entrance (cheers), and there is another steamer here now, which I hope to see soon employed in the same way (cheers). We have now a beautiful landing-place for every kind of goods ; and captains of vessels going hence to England will now report that this ,place is a good port for'their owners to send their ships to. There can be no doubt that at Lloyd's conversations take placfe among the captains of vessels who meet there, regard- ing the ports they visit, and Port Adelaide may have suffered hitherto from the represen- , tations of persons who iiave been here when our port did not present such conveniences ' as it now does ; but now no man can say we have not the means of landing cargoes (cheers), and landing them as easily and as safely as in the docks of Londcm (cheers). This, gentlemen, is more immediately connected with the toast I am about to propose, which is the ' Commercial and Shipping Interests of South Australia' (cheers). Gentle- men, M y. Eyre's name has been mentioned more than once this afternoon, and I may be allowed a few words regarding him, as he has written to me privately, and as I consider this a fitting time lo mention what he has stated to me. Mr. Eyre says that he has been, since he left Adelaide, as much as 40 days from his party searching for a more favour- able country and water, such has been the unfavourable nature of the country he has fallen in with ; and he also says that he is afraid, from the ill success he has as yet met with, that the colonists will think he is remiss in his duty. But I am sure you will all join with me in telling Mr. Eyre that he need entertain no such apprehension, and I am sure you will also join with me when I say that he deserves the best thanks of the colonists for his exertions to penetrate into the interior (great cheering). I anticipate that the large lake which he lias found is nothing more than the estuary of an immense and navigable inland sea. By flanking this sheet of water Be may most probably fall in with this sea ; and if he do so, he redeems his pledge to the colonists, and will open up a way by which we may Carry our intercourse into the veiy centre of Australia" (cheers). Captain Slurt then proposed",' " The Shipping and Commercial Interests of South Australia." John Morpheit, Esq. on behalf of the mercantile body, shortly returned thanks. He said South Australia could boast of members of the commercial body, who can support that body, and who aie a credit to it; and he trusted the commercial men of the colony should continue to obtain the esteem of their fellow-colonists for time to come, as they have done hitherto., Imtnediately after this the meeting broke up. SELECT sGOMMITTEE 'ON SOTFTH AIJSTRALIA. 321 Enclosure No. 4, EflfsnEcA'CTED fi'om tbe South AustmUan Almanack for 1841. AcRICTJXTtrRaL AND PaBTORAX pROGE'fcSS. The progress which has taken place in agricultural and grazing operations ■d'uring the last year IS the most sinking, and, at the same time, the most substantial and gratifying proof of South Australia's onward progress. When we last appeared before the pubhc, the country, with the exception of about 500 acres immediately around Adelaide, was still in Its natural state, while, with a few exceptions, the whole of the population was centered in the space comprised within 20 or 25 miles of the capital. During the last 12 months, however, such has been the rapidity with which settlers have located in the country, that now, as we shall presently show, somewhere about 3,000 acres are either actually under crop, or crops have been just reaped off from them, which in the low districts is generally the case, while the circle of civilization lias been extended from its former bounds to at least 70 miles around Adelaide. Before we proceed to speak particularly of this season's agricultural 4nd pvastoral ope- rations, we beg to present the following Table, with which we have beeii favoured by the surveyor'general, showing the total quantity of land surveyed, and the quantity selected within the colony on the 30th November 1840 : — Gtwernb)" ^awlet to LoFd J. Rassell, 28 Dec. 1840. DISTKICT. A. _ . B. C. - D. E. F. - - - - On the Little Para ------ On the Gawler ------- At Mount Barker ------ Sections at Port Lincoln - - - - . On the Finniss ------ Near Currency Creek - - - - . Contents of special surveys - - _ - Total Surveyed into Sections Add proportion for roads - - - - . City of Adelaide and parks, &c. - - - - Total Land Surveyed - Number of Acres Surveyed. Number of Acres Selected. 55»H8 56,898 48,400 44,880 31.680 6,080 160 3.440 960 5,280 9,680 4,240 185,877 452,823 22,641 3.400 478,864 48,048 23,840 16,400 2,720 8,000 2,640 160 400 480 52,440 155.128 ^UMHtthitfiA This table shows that what was long felt here (a want of surveyed land) is now mtH" pletely remedied, there being at the present moment no less than 297,695 acres of land surveyed and ready for seleotioHi It was for some time a generailyreceived opinion, that the climate aftd soil of South Australia were uncongenial to the growth of wheat, barley, potatoes, &c. This idea, we have reason to believe, got afloat from the circumstance of some persons having, in the fearly part of the colony's existence^ failed in raising crops during the summer, and on land turned up for the first time. The absurdity of this opinion^ which was for some time prevalent, will now become apparent to every one who will take the trouble to ride or wailk a few miles into the country in any direction around the capital. In the course of com* piling this publication, we have ourselves bad occasion to visit most pf the settled districts of the colony> and we can affirm, from personal observation, that most of the crops we have Seen could not be surpassed anywhere. We have seen wheat gathered withia the last fort^ night which will produce fifty bushels an acre; and we believe the farmers will besir us out in the assertion, that the produce of all grain that was sown in proper season will average ' thirty bushels an acre. In many parts of the country (in the Mount Barker district pa;r^ ticularly) the seed had been put in too late j and wherever this has been the cascj the pro- duce of the crops will be indifferenti This unseasonableness in sowing is to be attributed to the circumstance of the settlers, in almost every instance, not having obtained their land uotil about May, June and July. The utmost confidence, however^ exists as to the capabilities of the soil and climate, even among those whose crops will be a partial failure this season ; and no better proof of the existence of this confidence can be had than the fact that almost every farmer is preparing a double, many a treble and quadruple) quantity of land against next seed time. s a. For 0.21i 322 APPENDIX TO REPORT FROM THE Governor Gawler For pastoral pursuits, the colony has always "been allowed to be eminently qualified, to Lqrd J, Russell, The rapidity with which stock of every description increases, and the all but total absence 28 Dec. 1840. of disease of any description among our flocks and herds, are conclusive evidence on this '— point. Catarrh, so much felt in New South Wales, has never been known in South Aus- tralia ; and even the scab is now, owing to the attention of the shepherds, fast disappearing from our flocks. The increase of stock during the last two years, by importation and breeding, has been very great. On the 1st January 1838 the stock in the colony was esti- mated at — Sheep ----------- 28,000 Cattle ----------- 2,500 Horses - - - - -- - - - - 480 Pigs and goats --------- 780 On the 1st December 1839 the estimate was — Sheep --- 108,700* Cattle 7,600 Horses ----------- 800 Pigs and goats - -- - - _- - - 1,700 We shall now proceed to show the increase in the number of stock, and in the quantity of acres cropped during the last 12 months. The numbers of cattle, sheep and horses imported into the province during the year ; ending 30th November 1840 have been — Sheep ----------- 70,000 Cattle ----------- 4,257 Horses ----------- 300 We have been at considerable pains to obtain as full and correct an account of the whole quantity of stock, and the extent of land under crops in the colony, as possible, and have\ drawn up the following tables, which, while they show both these pretty correctly, serve at the same time as a complete directory for the country districts. We have reason to believe that this estimate was considerably over the mark. COUNTRY DIRECTORY FOR 1841. ADELAIDE AND NEIGHBOURHOOD, NAME AND ADDRESS. Sheep. - Cattle. Horses. Wheat. Barley. Oats. Maize. Potatoes. No Specifi-. cation. Addison, Joseph, Wymondly Bury Farm Allen, John, Adelaide . - - - - Allen, J. & W., Reed Beds - - . - Alleyne, W., Reed Beds - . . . Alderman, , Reed Beds - - . . Alston, George, Sturt River . - - - j^nderson, , Kensington - - - Argen, William, Paynehara - - - . Asgood, , Reed Beds - . - . Biker, John, Adelaide . - - - - Berkeley, Charles, Hallet's Creek - Boord, A. F. & 8. E., Torrens Booth, , Reed Beds - . . - Borrow & Goodier, Adelaide ... Bowman, John, Islington - - Bradford, John, Sturt Grove ... Brown, W. V., Albert - - - Burford, , Islington - , - Campbell, Jnc, Stonefield Cottage Chalk, Thomas, Mackgill - - . . Christie, Maxwell, Woodside Cock, John, Brownhill Creek - . - Company, South Australian - - - Cook, W. R., Walkerville . - . - Cook, William. Hindmarsh - - - . Cottorellj J., Reed Beds . . - - Cottar, T. Y., District B. . - - - Coutts, James, Sturt River - - . - 4,000 700 800 103 14-517 * 44 50 40 15 4 20 " .4 6 29 18 12 15 5 6 16 1,063 36 2 36 50 1 2 2 2 7 3 5 ■2 1 4 1 31 3 2 3 6 16 2 3 4 60 10 3 5 2 2 34 3 5 1 20 27 5 3 3 8 3 5 3 2 25 5 8 5 5 5 1 7 * No return. SELECT COMMITTEE ON SOUTH AUSTRALIA. 323 NAME AND ADDRESS. Cowled & Humphreys, Islington - Craigie, Robert, Adelaide - - . Crispe, Clement, Adelaide - - - Davis, A. H. & Co., Moore Farm - Bay, Richard, Plains - - . . Daw, J. W., Sturt River ... Debney, Robert, & tenants, Reed Beds - Duncan, H. Eldon, Sturt River Ed,wards, • , Kensington - . - Ellis, J. & G. Hovrson, Prospect Vil. - Everard, Chas. G., Section 44 Falkner, , North Adelaide Ferguson, -William, Mackgill finlayson, William, Hillfoot ... Fisher, J. H., Adelaide ... Forrester, W. I., Emma Grove, Reed Beds Forrest, T. A., Wardend, 4th Creek Freeman, , Plains ... Fry, Robert, Islington - . - . Gandy, George, Thebarton ^ - - Garratt, , Makgill ... Giles, William, Adelaide ... Giles, C, South-terrace ... Gleeson, E. B., Gleeville ... Goodard, G., Reed Beds ... Gooch, Charles, Richmond-hill Farm Gould, J., Brownhill Creek - . - Greig, James, Brovenhill Creek Guley and eight others, Reed Beds Guppy, Wm., Payneham ... Gubbins, George, South Adelaide - Hallett, John, South Adelaide Hamilton, George, Grenfell-street - H»nilton-& Hardy, Grenfell-street Hamilton, R. C., River Sturt Hardy, Arthur, Torrens Higgins and others. Mountains Hoskins, Wm., Treganini ... Howard, Wm., Onkaparinga Road Hunt, , Kensington ... Ind, Joseph, Torrens .... Inglis, James, Makgill .... Jones, Ijlenry & Frederick, Adelaide Johnston & Macdonald, River Sturt Kemmis, H., Payneham ... Kent, B. A., East-terrace ... Kerr, John, Hampstead ... Klemzig, German Village . - - I*wis, R. T., Brownhill Creek little, James, Goodwood . . - Lucking! & Hearn - - Maclaine, Angas, Dry Creek Mactavish, DougaU, Section 266 - Masters, James, Reed Beds . - - Mildred, H., Clareville ... Mitchell, Fred., Wyndham Farm - Metcalf, H., North Adelaide Mitford, E. R., Woodend, Sturt River - Mitchell, W., North Adelaide Mooney, -, Plains - . . - Monice, Pryce, Reed Beds ... Mullar & Lukes, Kensington Murray, A, J., Atholstane - - - M'Lean, Donald, Duskey ... M'Pherson, , Islington - . - Nbale, W. H., 4th Creek Mell, H. Harley, Sturt River Newman, John, & Co., Adelaide - Nias, Joseph, Torrens . - - - O'Halloran, Captain, Sturt River - Paine, S., Reed Beds . - - - Paterson, J. W., Sturt River - finkerton, William, Studley - * Preparing 80 acres for next year. J No return. 11-^ Garden. 0.21. Sheep. 1,150 30 60 3,000 7.300 2,350 2,400 1,100 790 3,200 730 250 1,000 2,000 40 500 Cattle. 55 80 462 , 6 40 30 3 9 6 61 56 10 50 10 40 H 10 32 35 2 5 36 550 6 25 70 10 10 29 120 100 39 39 27 19 8 300 10 43 8 14 90 26 4 46 82 6 25 100 45 15 32 Horses. 2 ■ 9 iC 6 24 30 41 20 5 250 130 5 46 60 29 2 1 1 2 Wheat. 30 3 23 Barley. 11 Oats. 21 40 7 3 1 6 1 1 19 3 5 10 3 12 16 10 10 60 Maize. Potatoes, 11 16 5 2 12 No Specifi- cation. 650 + Four acres vegetables, and six acres ol*chard«. h Preparing to cultivate from 100 to 150 acres next season. ^ Wheat, barley, maize, and vegetables. g s 2 {continued) 324 A^PENBIX TO REPOBO" FROM THE NAME A-ND A,D DRESS. She«p. Reid, 'William, Kensinjfton - - - Rigby, 1 , S^urt River - - ' - Rifig, William, Hindmarsh - RebertSi Edward,,Pine Forest Rogers,, Williaufi, Tusmpre - - - Rtollasoip, i.„R«ed"I?eds - - - Rowlands; Edwjard, A(Jelaide- Sandforfl, , 3d Crepfe . . _ Sdown, J. T., CiDrnwall;Farm Scott, William, Brookside Sergeant, W. !>, Log Pcmse, Sturt Rifw Sleep, Thomas^Brownljill Creejs - Snaitli, William, Hartfiqlil' - Smith, D.-j Hisdmarsh - • - Spence, David,, Adelaide ... Spicer, W., Brojwnhill (jreek Struthefs, Wall^erville - - Sturt, Qharles, Adelaide ... Taylor, Thomas, River Sturt - . . Teakle,, Enoch, Hindmarsh - - - "V\^tsonj Hugh,|Woodei»d- ... Watsonj W. G.,, Mount ;Anne "Watts, J., Hinc^marsh . - . . Wearing, C H. -. "Weaver^ A., Woodlands ... Wiw^eidi. Jame!s,i.MakgiU ... Wtwlsoi;, John, Lagoon iFarm- White, John, R^ed Bed^ ... WStwdw^rd, Leopard, R^ed Bedg - Wright, |Georgej Greenfpot - - . ■Wyllie, D., neaii Makgill Yoiisng, George,, Hillfoot .... Totals- -- ■ Sooi 2,0100 30i Cattle. 26 30 8, 8 50 Horses. 1,300 520 5po: 5i>8J9 3G 16 la 28 36 28 24 40 15 74 12 11 28. 30 12 4 8 70 33 11 4' 5»8t6 I - Wheat. •Barley. 150 20: 3 306! Oats. 2. 4a - 496- Maize; . 3 20 150 3 164 Potatoes. 1-- )- 47 No Specifi- cation. 1 3 a. 6. ■ 23f < lati i 3: '■ S 3 T I 54*' No return. f; FVeparing 100 acres for next season. MOUNT BARKER AND NEIGHBOURHOOD: NAME AND, ADDRESS. • Sheep, Cattle. Horses. Wheat, Barley. Oats. Msiiim.. Bat^uesi 3 i No, Specific 'cation.. Aniderson, ,ThomaSj Balhapnah : 3 . . I J ' 2- Archer, James. Valleys . . . _ - 300 6 ■- - - . . i 2- Bartlett,,Samueli HalhaunakJoij - - - - 10 1 '- - ,- )_ !■ li ___ Beevor, Isaac, River Bremer ... 1,200 - - - . - _ I _ ! ' ^_ Bond, S4njuelv Three Bijothers ... - - - . - . ' 4; ' _— . Bull, J. W., Cj-editors, Balhannah 20 ' 2 6 - . . 3 • *■ ,—. Brackenbridge, James, Glenhannah ; 200 22 '- 2 2 . 1 1 1 _ Cattle Company^ Hawdon Vale ... - 260 6 10 1 3 1 1 10 f,^ Cock, Alexander, and William, Glenhanpah 300 - - ' 2 • 1 Cock an<| Ferguson, Mojint Annan 259 6 1 ■ 6 3 2' ' 2- " <> ' Corder, Thomas,j Three Brothers - 20 . 5 . 1 io£^ Davison,; Captaii), near Nairne , 520 44 " 3 29 10 5 ' 5 Disher, John, Nairne - 800 17 I - _ ■'■ 2- ' 1 Downes,, Richard, near Nairne - 14 . 5 2 . -^ ^ r 1 > Driver, Charles, Nairne .... 500 2q . ■- - . _ :) 2- .^ Driver, John, Bglhannah .... - ■- '- . . J- - . 4" Dunn, Charles, Najrne -, - - - * 50Q 2Q - - - . ■■_ ' 2'. 1 _2 Duthy, George, Three Brothers: - - - - - ' 4 - . . _ ' 2- ' _ Field, William Gjeorge, ditto - 26 2 10 - 10- 1 3 1 Freeman, Thomas, Onkaparinga Ford - 2,000 3 1 - . . ^ _ . Hack,.Jollin Barton, Echunga Springs - - 1,000 ' 90 ' 60 6 2 °. 7. 6Rt Hafendortf, .villagp of, .containing, 54 German , 1 ' families - - - - J loq 1 5 80 - . !, ' 4Q"4 ' — . Hamilton^ Georgje - - ' 50a - - - . . ■'. . '■ — ^ Hentig, Charles, near HftUndorf. - - . - r- ■ r " ' 3 ; ■ t" - q" 16 * Fallow. t Garden. :j: And other vegetables. SELECT GGMMITTEE ON SOUTH AUSTRALIA. 325 NAME AND ADDRESS. Sheep. Cattle. Horses. Wheat. Barley. Oats. Maize. Potatoes. No Specifi- cation. Hillman, John, carpenter, Nairne - . . Ht)dding,- Prederrck-, Three Brothers' - Hughes and D&vis, near Nairne - - - Huiitfer & Pfeters - - ditto - - . HiitcKihson,. , - . ditto ... Johnson, William, GleiihannaH ... LawsoH, - - ditto .... Little & Son, Three Brothers May, Joseph, Fairfield 1 Farm M'Farlkne, Allin, Glensloy - . - . M^Farline, Duncan, Mount-Barker Melrose, , Glensloy - . Monro,,^ — ,,ditto - . . Morphett, John, station, Bremer ... Mprdockj Mrs., near Ufairne - . _ Owen, John, Balhannah - . .- . Perkins, Richard, and others Richardson, Wiilliam, Balhannah. - . - Rodwell & Reeves, River Bremer - - - Saundes-Sj. George, Three Brothers Scott, John and Charles, near Nairne Shakes i& Breton ... ditto - - - Shannon,. Abraham, Balhannah ... Smillie, Matthew.^ Nairne - . -■ . Smith, Charles H. Stoddard, Mrs., Nairne Inn' .... Thompson, James, Balhannah ... Warner, John ... ditto ... Warren, Thomas, Mount Barker . . - Whitington, W. S., & Co 900 i, 400 100 130 650 i,?ao 1,!200 800 1,900 1,250 2 15- ■ si 15. 35 80 15 12 400 15» 6 40 12 12 14 20 3 12 16 J 2^ 1 1 4 1 1 1 J 1 3 3 5 10 4 5 16 2" r ■ 2 18 ' 4 J ~ 1 " 3 (" 2 2 1 i 4 [ 1 2 2 2 3 8 14 ,;,20.£ 4 1 10' la- i 4- 40 i 7- 1; 7 6 ' 3 Totals - - - 15.900 ' 2,727 126 259 48 25 5 99 161 The crops around Balhannah are, with two or three exceptions, very poor. The exceptions are in cases where the seed was early sown — in April and May. The crops are all on land ploughed foe the first time, and in most cases the seed was not soWn tillJuly, August, and even September. Mr. Hack, at the Three Brothers, had 30 acres sown in September, with winter and Talavera wheat. Tte-winterwhBat'was a very small 'crop; but'theTutavera, sown ontKe sod newly turned up, produced about 16 bushels an acre. As this proves the capability, of a very unfavourable season of the spring sowing of wheat,, it is an important experiment. Oiithe poor soils in this district, the small gyey grub has partially- destroyed the potatoes, but in the rich bottoms they are not touched. The grub lives under ground in the day,- and feeds at night. Lime has been tried to destroy it, but' without success. The winter sown wheat, especially; that sown in April, is of the most luxuriant description.! Mr, Hack has 600 acres inclosed in the-Thapee* Brothers Survey. The population of the Mount Batker district is somewhere about 600 persons^ rather ovet than under.' MORPHETT VALE AND NEIGHBOURHOOD. NAMiE" AND ADDRESS.. Sheep. Cattle. . Horses. Wheat. Barley. '.Oat?, ft I Maiiie. Potatoes , No SpeCifi- batiori. Afidersdnj Alexander; Emu Hotel . • - Brodie, Alexander, Morphett Vale Brewer,|Oharles - - ditto - - . Craig, Jiaiaes, Graigbank- - . . - Castle, Edward: ... - - HaJlett,: Alfred j Morphett Vale - — - Long, Alexander W. - - - - ^ KeUyyThoma*- - -- - - -- - Hitchcocki-Addm Laurie, James, Martin Farm . . - - Lateward,' Thomas . - . - - Murray and Greig, Pirnunga - . - - Miles, Samuel, Mandoodla - . - - Miriayi Alexander, Mount Pleasant Nicholson, A. B., Zetland - - - . Sawvers, W. J., Morphett Vale . Turner, James and John, Thrush Grove - Wilson, James Carpenter - - - Wilson, William, Martin Farm ... 250; 800 • 300 - 1,500 300 32 3 30 22 2 30 1 2 , 25 4 2- 2 : 16 12 6 3" i _^ 1 i 3 1 1 2 1 2 1 1 2 1 3 ! J- t' '_. L- - I 1. ■- J a 4'. ' 3 . 10 ' 3 ' 3' 1' 6 15 25 12 3 6 8> 5 Totals - - - 3,850 194 21 - - - - - 114 Population of the district— 160- o 21 SS3 3»6 APPEiSDIX TO REPORT FROM THE HURTLE VALE AND NEIGHBOURHOOD. NAME AND ADDRESS. Sheep. Cattle. Horses.. Wheat. Bajriey. Oats. Maize. Potatoes. No. Specifi. cation. Burgess and Morphett, Carringtoiij Happy"! Valley - - - - - " -J Lochead, Winter^ and Co., Putnah Lucas, Thomas, SurryviUe - - - - O'Hallnran, Thomas S., O'Halloran HiU Perry, Thomas Parr, Hurtle Vale - - Reynell, John, Reynella Farm Sharpies, William, and Co., Cowiemanilla Tadley^ Alexander, ROsenberry Farm TanterS, Ben., Merry Estate, Tapley Hill Wauchope, Captain : - - - 2,500 30 1,000 255 30 70 95 8 4 50 10 18 2 1 3 2 4 2 7 20 4 5 4 10 4 3 6 14 5 4 29 1 1 10 4 2 4 20 2 10 Totals - - - 3,530 522 32 36 21 1 17 36 Major O'Halloran has upwards of four sections fenced. Population of this district— about 50 persons. PARRA RIVERS. NAME AND ADDRESS. Sheep. Cattle. Horses. Wheat. Barley. Oats. Maize. Potatoes. No Specifi- cation. Allen and Ellis, Gawler Estate, Pt. Gaiyler - Burns, Edward, Gawler Town - - Dobney, William, Gawler Town Duncan and McKean, North Parra Graham, Williaqa, Gawler Town ... Jacques, Robert, Gawler Town Uberrys James, North Parra - - . . King, Stephen, North Parra - - - . Milne, ^. L., South Parra - - - - Miller, Thomas C, Little Parra - Monteath, Thomas T., North Parra Patterson and Fotheringham, North Parra Pheffnder, J., Gawler Town ... - Reid, John, North Parra .... Robertson, R., Hotel-keeper, Gawler Town - Station of G. M. Stephen - - - - Stubbs, ^'homas, North Parra ... Sutton, Ji)hn, North Parra - - ._ . Tooth, Nelson, Hotel-keeper, Gawler Town - Trustees .of John.Walker. - - Williams, Thomas, Hermitage ... Williams and Grant, Little i'arra . 1,500 525 3,250 700 1,436 6,000 1,600 1,300 12 14 74 14 90 9 ' ~6 68 4 23 4 30 114 9 1 3 1 1 1 1 3 3 4 6 27 - - 8 6 3 2 4 2 5 3 27 1"' Totals - - - 16,311 462 27 33 - - 8 6 16 31 Mr. Richardson and several others have made no returns. Population of the North and South Parra, which includes Port Gawler, Gawler Town, and surrounding country-v-260. * Fifty acres ploughed for wheat and barley, and 10 for potatoes. Operations hitherto have been confined to trials of the soil, which have met with very fevourable results : 300 acres fenced ; cut 1 00 tons hay. SELECT COiMMITCEE ON SOUTH AUSTRALIA. 32? ONKAPARINGA AND NEIGHBOURHOOD. NAME AND ADDRESS. Gliff, John, Devonshire Farm Colton, William, Daringa Valley - JJouglass, James, Blythe - - Edward, Isaac, Halifax Heppenstall, George, Onkaparinga Harris, Edward, M'Laren Vale Hewitt, Charles Thomas, Oxenberry Farm Hamilton, - - - . . HoUins, Philip, innkeeper, Noarlunga - Longley, Mrs., Onkaparinga - - . Lodwick, A. and E., ditto - - . Martin, M., Somerset House, Cananapella Miller, Robert, Kungarilla - - - M'Leod, L. H., Kunka-lilla-pungah M'Leod, , Tarranga ... Scott, Frederick, Brownson ... Tall, Samson, American House Wickham, Benjamin, Kungarilla > Wilson, ..... Sheep. Totals 140 160 400 2,000 240 1,000 1,400 1,950 20 300 1,100 8,710 Cattle, 11 24 40 12 10 4 42 6 46 6 50 8 Horses. Wheat. 260 16 3 10 2 3 10 Barle}'. Oats. 2 4 1 6 2 4 34 2 — 1 22 Maize. Potatoes, No Specifi- tion. 10 44 Population of the district — about 120 persons. There are an inn and a store at the town of Noarlunga. A bridge over the river virhere the Patapinda or Great South Road passes, is almost completed. WILLUNGA. NAME AND ADDRESS. Sheep. Cattle. Horses. Wheal. Barley. Oats. -Maize. Potatoes. No Specifi-. cation. Atkinson, William, innkeeper ... Colvill, John, Wyecareywindererilla Calder, John, Government surveyor . - Johnson, William, Willunga - . . - Kilpatrick, . - ditto - . - - Loud, Edward, - ditto ■ . - - - Johnson, William, ditto - . . - Scott, , - - ditto .... 1,500 100 4 20 4 2 2 10 4 6 2 3 2 - - 3 2 4 5 12 Totals - 1,500 128 4 20 5 2 - - 9 17 Population of the district — about 150 souls. There is a quarry, vehich yields excellent slate, wi-ought in the mountains by Mr. Loud. In the township of Willunga is a good inn, a police station, and a survey station. ENCOUNTER BAY. ^ NAME AND ADDRESS. Sheep. Cattle. Horses. Wheat. Barley. Oats. Maize. Potatoes. No Specifi- cation. Brown, , Valley of the Hindmarsh - 250 . - - - 2 2 — Dean and Robertson, ditto - - - - James, , Inman Valley - . - - - 50 — 4 Kirby, , ditto - - * /" ■ 10 18 20 ~ " ■ Keeling, Misses, Yilki - - - - . Moorehouse, Miss, Arena Farm ... - - 3 4 2 2 - - 2 — May«r, Rev. , German missionary - — Newland, Rev. R. W., Yilki Farm - 55 2 7 4 2 6 - Strangways, T. B., Valley of Inman - 150 7 10 ' 4 Thomson, W., mnkeeper ... - ■"- Worthington, Isaac . - . . - " 4 " ■ " ~ 4 Totals . - - 250 307 9 34 9 14 8 4 ■ 4 The population of the Encounter Bay district is about 80 souls, independent of the companies of whalers who reside at the Bay during the winter season. . 0.21. * No return. $^4 328 iiPiPiBrN.DJtX TO REP OET RBQM ITUIE STRATHALBYN AND NEIGHBOURHOOD. NAMK ANp ADDRESS. She^p. Cattle. Horses.- Wheat. Baflcy. Oats. 1 Maize. Potatoes, 1 No «pe^- cation. Davenpprt, J., survey next Angas - Dawsoq, James, Strath^lbyn . - - Gemmell, John^ ditto ,- - - - - Gilpin, jBernard, ditto ,- - HaJniltpn, Geoijge, station, road to Angas Mein, ]ilicolA.;Stratha|lbyn - - - Mein, William, - dittp - - - . Richardson, O. K., dittp . . - - Ranking Dr., - dittp - . - - Rankin, William, dittp . - - - Stirling, E. & C., dittp - - - . Saunderson & (jo., storekeepers . - . Tod, Patrick James, Slyathalbyn - - - 500 2,200 900 1,600 1,1Q0 1,100 1,400 100 50 200 . ( 600 f 65 ; s 4 ■ 3 ' 10 " 2 ■ 3 4 ' 1 ■ 30 • 3 ■ 2 ■ 2 " 6 ' . 1 1 , ■2 ■ > _ 1 r - r . 1 1 ' 1 , ■2 1 "i 1 1 1 ' . _■ 1 4 Totals - - - 8,800 1.0(1.5 65 ; e 2 3 4 ' 3 ■ 6 A store and inn in the township |of Strathalbyn. PORT LINCOLN. "NAME ANP ADDRESS. Shejep. Cattle. Horsey. Wheat.' Barlej. Oats. Maize. Potatoes^ No speciS- catioQ. Biddle, Thomas Brown, John ------ Driver, Charles - Dutton, CO. Hawson, Henry - Smith, Matthew William, Smith White, jS. W. ai»d Frederick fipo 6q)0 # 190 # 1,200 6 ipo $0 70 - F 5 1 9 2 — - - m _ - - - - 4 5 a toTALS - - 37999 226 9 - - _ - - - - - - 17 No fsturns. ^^^^WPPHP^W^PiPP OTHER DISTRICTS AND OUT-STATIONS. NAJItE AND APPRESS. Anstey, George, statiop to the North Bemes, Rt., Preston Plains, Light River - Cattle Qompany, Moupt Crawford - Finnis, Capt. John, Mount Dispersion Frew & White, Mount Crawford ... Giihert, Joseph, Barasaa Range . -^ . Horrocks, J. A., Beaumont Coftage, Hutt River Kinchela, James, ktely o*ferla^d * Leake, R. L. r - ■ - - Malcolm, Wm. & P., Upper G^wler Peters' stations River Broughtpn - - - Warren, Jxjhn,Barrossa - . - - Totals - - - Sheep. 9,000 12,000 3,000 2,800 5,000 2,500 800 18,000 53.100 Cattle. Boo 490 250 10 800 60 2,810 Hprses. 4 10 4 20 44 iwl«>M Wheat. BvUs, Qats. Maize. Potatoes, No Specifi- cation. SELECT COMMITTEE ON SOUTH AUSTRALIA. 329 An abstract of the whole of these Districts furnishes the following Table : — DISTKICT. Sheep. Cattle. Horses. Wheat. Barley. Oats. Maize. Potatoes. No Specifi- cation, Adelaide, and Neighbourhood - . - Mount Barker ------ Parra Rivers ------ Hurtle Vale ------ Morphett Vale ------ Onkaparinga -...-. Willunga Encounter Bay ------ Strath Albyn Port Lincoln ------ Out-stations --.--. 51,819 15,900 16,311 3,530 3,850 8,710 1,500 250 8,800 3,000 53,100 5,876 2,727 462 522 194 260 128 307 1,045 226 2,210 306 126 27 32 21 16 4 9 65 9 44 496 259 33 36 34 20 24 6 7 150 48 21 22 5 9 2 1 164 25 8 29 2 14 2 2 47 5 6 1 " 6 4 2 89 »g 16 17 9 4 3 1 541 161 31 36 114 44 17 4 6 IT Totals - - - 166,770 13,957 659 915 258 246 71 237 971 In addition to the foregoing list of the names of the actual settlers, and of the specific Governor Gawler , quantities of stock and of land under cultivation, there is a considerable number of persons *° ■'l?''" J- Russell, 1 who have neglected to furnish the editor with returns, and one or two who have refused to 2** Uec. 1840. do so. There are also several unintentional omissions, which, owing to the difficulty of communicating with individuals scattered over the country, especially to the northward and eastward, and at considerable distances from Adelaide, it has been found impracticable to supply in time for the present publication. A just approximation to the whole quan- tities in the colony however may, in our opinion, be made by adding for such omissions 10 per cent, to the number of cattle, and 20 per cent, to the quantity of sheep, which will bring the numbers out as follows : — Stock __-------- Add 10 per cent. -------- Add working cattle employed in the town, and in the port trafQc: cows, &c. kept in town and in the villages adjoining, not enumerated -------- Total Stock 14,000 1,400 700 i6,ioo Sheep ascertained Twenty per cent. Total Sheep - 166,770 33,390 200,160 To the number of horses shown by the returns we have procured from the country dis- tricts those employed in Adelaide and used in the trade between the city and the port fall to be added. Their number, from the best inquiry we can make, may be stated at 300. , , . f These numbers show an increase 01 — 91,400 8,562 260 Sheep --------- Cattle X10TS6S — — •■ — -■ — "" since last December. Besides this increase, about 3,000 sheep have been exported from the colony; and the cattle and sheep slaughtered to supply a population of 15,000 persons must be added to show the actual increase during the year. , , , ^ ,, The Guantitv of land in field cultivation only has been returned ; to that return must be added the numerous gardens in Adelaide and the villages adjoining. A careful estimate of the quantity of land under garden and vineyard cultivation enables us to state the number of acres at 135- , ■■ ■ • 1 . . j j On the whole the quantities of land under cultivation may be stated as under— 915 Wheat - - - Barley - - - Oats - - - Maize - - - Potatoes Crops not specified Gardens, &c. ToTAi. Acres cultivated in the Colony 258 246 71 227 971 135 3,823 0.21. tt 330 APPENDIX TO REPORT FROM THE Paper, No. 33. Copy of a DESPATCH from Govenaor Gawler to Lord John Russell.^ (No. 2.) Governor Gawler to Lord John . . Russell, i8 Jan: 1841. My Lord, Adelaide,- 18 January 1841. A BELAY in the sailing of the vessel by whieh my letter (No. 1), Finance, 14tb January 1841, is forvparded, enables me to enter upon those subjects contained in the conclusion- o£^ the Commissioners' Report to your Lordship of the Tth July 1840, upon v?hich I ought to oflFer my views. Under the extremely, inconvenient and disadvanitageous circumstances in v^hich the burning of my offices hag for the present placed me, I trust your Lordship will pardon any irregularity or deficiency which may attend my modei of doing it. The Commissioners recommend that the expense of the police force should be thrown upon the colony, and that if the colony should not be able to maintain such a force in sufficient strength, the colonists should be formed into volunteer corps for their own defence. The last proposition, I think,, my Lord, you will perceive, goes far to prove that the Com- missioners are holding, I do. not presume to say intentionally, but practically, the originaf self-supporting system as their primary object, in preference to the reasonable safety and prosperity of the colony. It would be a course fraught with the greatest dangers to a large and new community, scattered in a wilderness, and would soon terminate in anarchy. Every outsettler, as regards the aborigines at least, would, take the law into his own hands. Even in the present state of things, with a well-commanded efficient police, it requires incessant care and decision to prevent suchrcvilsi The colony, I conceive, by, its customs and hcense duties, contributes considerably towards the maintenance of its police force. Nevertheless bills must be drawn extensively on England towards its maintenance. The Commissioners insist that every bill' shall be an actual payment for value or work previously received ; I, in consequence, am compelled to devote cash received from the customs, among other things to payments in which such bills cannot be made available — to surveyors, labourers, emigrants on public works, &c. If, therefore, on one hand the police force should be partly supported by the loan in England, on the other the Survey and Emigration Departments must be partly maintained by the revenue from the province. I need scarely entreat your Lordship to protect the colony from the evils which would ensue from an inefficient or insufficient police. I assure your Lordship most conscientiously, that if a chaitgie' were to be made, it ought to be on the side of increase rather than of decrease. It is under this conviction that I have been endeavouring to support the police by a volunteer militia, not to substitute a volunteer militia for them. The Commissioners recommend that the mayor and the-senior aldermen and town-councilr men of corporate towns, should be ex-officio members of the Legislative Council. I am,^ as I before had the honour to acquaint your Lordship,, desirous for the admission, of private colonists into the Legislative Council. I am even willing to face the difficulty and risk of public elections to this end ; but it appears to me absolutely essential, that if members are admitted under elections, such elections should be direct, and not collateral. The colonists have elected one or two persons to be members of the Town Council of Adelaide, whom I am confident they would not elect to be members of the Legislative Council, with whom, also, no governor could sit with advantage to the province, if they were so elected. In the ex-officio appointments from Town Councils, countiy settlers, among whom are many of our most respectable colonists, would be kept out, and all would be changed once a year. There could be, I respectfully conceive, no hope of reasonable advantage from a council which should lose its distinctive character. A separate house of representatives would be safer and better than a council converted into an assembly, for vehement party, debates. If by recommending representative' members of council in connexion with complaints against ihe; for unauthorized expenditure, the Commissioners 'intend to convey, that my expenditure has been unsupportedTby piiblic opinion, I assure your Lordship that they are in error. The leading colonists have coincided with me in opinion on every great object of public expenditure^ and "the colonists as a body, and almost without an exception, warmly support me'stilU There is certainly an" exception in the editor of- the South Australian Register, who was formerly private secretary to Governor Hindmarsh ; but this exception is of so gross a description, that I trust your Lordship will in no wise consider it as an expression of public opinion. Until i8 Jan. 1841. SELECT COMMITTEE ON SOUTH AUSTRALIA. 331 Until the Printing Company, in which this person was a partner, lost the monopoly of the Governor Gawler Government printing, in consequence of his extremely arrogant and unbecoming behaviour, to Lord John my system of expenditure was cried up by him as " .perfect propriety." Russell. The Commissioners recommend that fees should be laid on land grants, to counterbalance the expense of the Survey Department. Willit, my Lord, be possible to levy such a tax on the immense numbers of grants already issued, or upon grants for land already sold ? The Commissioners recommend that a portion of the Port Philip district should be added to South Austi-alia. The only extensive fertile district known in South Australia, i. e. from the head of Spencer's Gulf on the north to the southern extremity of Lake Albert on the south, and from Gulf St. Vincent on the west to the Murray on the east, is a district in itself. It is surrounded by immense tracts of unavailable land, and can never be. geogra- phically united to another. If any of the Port PhiHp district were added to it, it should, I xespectfully conceive, be all. Our outports, Port Lincoln, &c. are merely (if they may be called so), small islands of good land in boundless expanses of brush and scrub. The omission of neglecting to explore the country befpre a settlement was formed in it, has been unquestionably a most prolific cause of expense and difficulty. It is scarcdy possible to conceive that a self-supporting system could succeed under a similar omission in a country so irregular and intricate as this is, upon which a large population was sud- denly collected. Begging again that your Lordship will pardon the haste with which this is written, under the circumstances in vvhich the receilt unfortunate fire has placed me, ^ I remain, &c. (signed) George ' Gavikr, Governor 6f South Australia. Paper, No. 34. EILLS drawn in the Colony, each Three Months in 1840, bemg in completion of Bills drawn m , ' ._ ,■»),, n the Colony, 1840. Statement No. a, delivered in by Mr. Elliot, on 5th March 1841. ^ January to March - April to June July to September October to December £y s. d. (a) 34,659 5 11 (a) 34,813 5 6 (a) 30,692 14 5 23,010 17 7 123,176 3 5 (a) One Bill not presented, the amount of which is not known. South Austrahan Colonization Office,} Joseph J'^cl.on, unUnt. 9 June 1841. ■> ^0.21. ^ ti^ 332 APPENDIX TO REPORT FROM THE PAPER delivered in by Edward Gibbon Wakefield, Esq. 26 March 1841. LETTER from £. G. Wakefield, Esq. to the Colonization Commissioners. Gentlemen, 2 June 1835. E. G. Wakefield to In order to apologize for addressing this letter to you, I shall begin with a brief statement Colonization of facts. 2 June 18^/;. ' Nearly seven years ago, I was induced to inquire into the causes of the disasters which, ' without a single exception, have befallen new colonies that were planted in an extensive country by emigrants from a civilized state. This inquiry suggested to me a plan of coloni- zation, which was first made public in 1829. In the course of six years, that plan was adopted by three different associations ; first by the Colonization Society of 1830, next by the South Austrahan Land Company of 1831-2, and lastly by the South Australian Asso- ciation, who framed the Act of Parliament which you have undertaken to carry into effect. In the coxu-se, too, of those six years, the plan has been defended and explained in so large a number of pamphlets and books, that a list of them would surprise you. Now all of those books were written by me, and the whole of those pamphlets either by me or by fiiends of mine; while I also composed nearly the whole of the advertisements, resolutions, pros- pectuses and proposals, and of the applications, memorials, letters and replies to the Govern- ment, and other documents of any importance which were adopted by those three associations. The draft of a charter submitted to the Government by the South Australian Association, and the Act of Parliament which was substituted for that prqposed charter, were drawn by a near relative of mine, under my immediate superintendence. As I was concerned in the formation of those three societies, so with each of them I held constant communication, partly by means of frequent interviews with some leading members of their committees, partly by almost daily conversation or correspondence with some person or other who repre- sented my opinions, informed me of whatever was done or proposed, conveyed suggestions which I wished to make, and resisted, with arguments agreed upon beforehand, all sorts of endeavours to alter the plan of colonization which I had formed. By entering more into •detail, I could readily satisfy you that in the steps which led to the passing of the South Australian Act, I have had even a more constant and active participation than appears by this general statement. This general statement, however, will sufficiently explain to you that in the prosperity of ■the intended colony I may naturally feel a deeper interest than, yourselves hardly excepted, any other person whatever. Could there be'a more ample apology for the liberty which I take in addressing you ? Still, it is not with so idle a motive as the wish to express my anxiety for your success that I am now induced, much against my inclination on other accounts, to leave the obscure path which I have hitherto pursued as to this affair. The most vital question in this affair, that upon which the success of the colony must altogether depend, is the price that shall be required for public land ; and I am informed that you contemplate deciding that question in a way which, according to my humble but strong belief, will disappoint you, and every one else who hopes that this colony may greatly differ in its infant state from all the colonies that have proceeded from modern Europe. Here is my motive for addressing you ; a fear that some pressing arguments in favour of a sufficient price for land may not have been brought to your notice, and a wish to lay before you my own view of the subject, -which is also that of others who come near to me in their anxiety for your success. The object which you have in view is one that has never yet been accomplished. There is not, I feel pretty confident, a single example of a colony, planted in an extensive and uninhabited country, which did not suffer great disasters during its infant state. In a great many, perhaps in a majority of such cases, when no kind of slavery was established, the colony perished from the face of the earth ; while in all the other cases, I still believe with- out a single exception, the period of calamity lasted until some sort of slavery was established. Now your object is to plant in an extensive and uninhabited country, but without any kind of slavery, a colony which shall prosper from the beginning. If you accomphsh that object, you will do what was never done before. As like causes produce like effects, so for an object which had never been attained, it was necessary to adopt extraordinary means. After a most careful review of all the means which have hitherto failed to accomplish the same object as yours, it has been decided by some of ■the most enlightened men in this country, by those eminent persons who carried through Parhament the Bill for colonizing South Australia, that there is but one means of colonizing without any kind of slavery and with success from the outset, namely, by requiring for all land that becomes private property such a price per acre as will enable capitalists to main- tain contracts for the service of hired labourers. Allow me to state shortly the grounds of this opinion, and how it is expected that the price of land will be a means to the object in view. When SELECT COMMITTEE OX SOUTH AUSTRALIA. 333 When each member of a society employs no more capital than his own hands will use, r G Wakefield to the labour of the whole society is necessarily cut up into separate fractions as numerous as Colonization the famihes; each family, necessarily, m order to live, cultivates the ground, and does Commissioners, scarcely anything else. As each family is occupied in the same mode of production, there 2 June 1835. IS no motive for exchange between the different families ; and as, in such a society, there is — _^_ no co-operation so there can be no division of employments. Without co-operation and division of employments, capital and labour are so weak, so unproductive, that surplus pro- duce, either lor foreign exchange or for accumulation at home, cannot be raised. This is me primitive or barbarous slate of things, under which famine is the necessary consequence ot one bad season : it is a state of things which all nations have suffered ; and which, during the earlier stages of the world's progress, was, in every nation, succeeded by a state of slavery. As the goodness of God and the progressive nature of man are unquestionable, and as Crod has permitted every nation to undergo the state of, slavery, so we may be sure that slavery has not been an evil unmixed with good. Slavery appears to have been the step by which nations have emerged from poverty and barbarism, and moved onwards towards wealth and civilization. While in any country land was so abundant in proportion to people, that every one could and did obtain a piece for himself, free labour presented no way of escape from that primitive and barbarous condition under which poverty is the lot of all ; but along with slavery came combination of labour, division of employments, surplus produce of different sorts, the power of exchanging, a great increase of capital, all the means, in short, to that better state of things in which slavery becomes an unmixed evil, and ■when, accordingly, it has generally been abolished. When land is superabundant, and therefore extremely cheap, slavery seems to have been advantageous, by leading, through the greater productiveness of industry, to support for a greater number of people, and thence to such an increase of people in proportion to land, that it became easy to substitute the labour of hired workmen for that of slaves. Slavery, then, appears to have already furnished, in many cases, the means of its own abohtion, and will probably do so, in time, wherever it still exists. But what is the conclusion, bearing on the present question, that we are to draw from this review of one of the steps by which Providence has ordered that nations should advance from barbarism to civilization. That conclusion is, that the only means by which labour may be combined and employments divided, so as to prevent a state of miserable poverty, are either slavery or the existence of labour for hire. The process by which a colony goes to utter ruin, or is reduced to misery, and then gradually recovers, has been witnessed over and over again. The colonists proceeding from a civilized country, possessing capital, divided into classes, skilful, accustomed to law and order, bent on exertion, and full of high hopes ; such a body of people reach their destina- tion, and then what happens ? The society, which at the moment of its landing consists of two ranks, bearing towards each other the relation of master to servant, becomes instantly a dead level, without ranks, without either servants or masters. Every one obtains land of his own. From that moment no one can employ more capital than his own hands will use. The greater part, therefore, of the capital which has been taken out necessarily wastes away. The seeds, ploughs, and other tools, with materials for building, rot on the beach ; the cattle stray and perish. In a few months, nothing in the shape of capital remains beyond such small stocks as one isolated person can manage. But those of the society who have not been used to labour cannot, with their own hands, manage even that small stock, so as to increase or even preserve it ; while those who have been accustomed to nothing but labour, and to labour in combination with others, finding themselves each one -alone in a vast wilderness, are unable to use with advantage such small stocks as they begin with ; and thus both classes (or rather the whole body, for now there are no classes) soon fall into a state of want. Despair follows of course, with mutual reproaches, and then rage, hatred, plunder a,nd fighting ; and in the end, unless aid come from without, all the people die of hunger. This is not an over-coloured picture. A very large proportion of the colonies planted by Europeans since the discovery of America have entirely perished of hunger, or have abandoned their new country to escape starvation ; and the cases are very few (at present I do not recollect one), in which an infant colony managed even to exist by its own resources. In those cases, however, when the colony was preserved by assistance from without, a state of want has continued until some sort of slavery was estabhshed. Such unfortunate results were the necessary consequence of placing civilized men in a situation where they could not but sink into that state of weakness and poverty which is but one step above the condition of the naked savage. When savages advance from hunting to cultivation, they may hold their new position, and gradually advance; but when people from a highly-advanced country are suddenly, every one of them, changed into mere cultivators, they fall below that lower state of society, and come to resemble wild beasts rather than the lowest order of men. The crimes of infant colonies have been quite as remarkable as their disasters ; and the cause of both is to be found in the want of precautions for guarding against that outburst of desolation which has ever ensued when the course of improvement was turned back. An exten- sive and uninhabited country is a field where, unless something be done to counteract the influence of too much land, a small body of civilized people must inevitably fall back into what is called a primitive state. Hitherto, in young colonies, the influence of too much land has been counteracted no otherwise than by means of slavery. In this case, slave- labour of every sort, whether that of slaves, bondsmen, redemptioners, or convicts, is wholly out of the question. What we have to consider, therefore, is the other means by which to preserve civilization. 0.21. tt^ The ■ 334 APPENDIX TO REPORT FROM THE E. G. Wakefield io '^^^ history of modern colonization exhibits a great number of expedients, of which" the Colonization ' object was to secure hired labour, notwithstanding great cheapness of land ; but not ofte of Coramissioners, those expedients, I venture to say, ever eiFected its object, for ever so short a time. Of the 2 June 1835. whole of them, some have failed the moment they were tried, while the rest have imme- diately changed their character by degenerating into a sort of slavery. Hitherto, force of one kind or other, which is slavery, has been the sole means by which labour could be combined in countries where land was very cheap ; and, in such countries, no expedient for securing hired labour has yet proved successful. Hence the project of an undertaking, of which the object is to try whether, in countfies where land is naturally superabundant, free or hired labour may be secured by means of rendering land dear enough for that purposei The projectors of the undertaking have concluded, that by putting a certain price upon public land, labourers may be induced to work for wages during a certain term. The South Australian Act excludes all other than this one means of securing hired labour : it is built on the assumption that no other expedient for that object is likely to succeed, or ought, after so many failures, to be tried again ; and that a price may be put upon all pubhc land, which will have constantly the same effect, as if land were never super' abundant. Such are the grounds on which it has been decided to employ, for an object never yet accomplished, means never used before. The South Australian Act presumes, that those to whom it has given authority l^r legis* lating on this subject, will not fail to put a sufficient price upon pubhc land. In other cases, it has been often left to the colonial government to determine in what quantity, in what situation, and to whom, pubhc land should be granted ; and if there had been any means of providing for the due exercise of such a power, hired labour might have been secured without requiring payment for land. Such power has been invariably abused. In the present case, therefore, no such power is given to any one. A law has been passed, declaring that in South Australia, subject to the price which you may deter- mine, land shall be open to all, without any distinction of persons, on terms of perfect equality, and without any sort of limit as to situation or quantity. This provision, keeping from you all power to withhold land, leaving but one bar to the misappropriation of land, takes for granted, as it were, that you will determine on a price that shall be sufficient for the only object with which any price is to be required. The Act of Parhament, most fortunately, as we shall see in a moment, throws upon you the whole responsibility of deciding what is the proper price of land. Though it declares that the price shall never be less than 12 s. per acre, it calls upon you to decide whether that price be high enough. The very enactment of a minimum, intimates the expectation . that a higher price would be requisite. When I add, what will be remembered by such of you as were members of the South Australiaii Association, that a minimum price was inserted in the Act, not by desire of any one who understood the subject, but by that of a fresh Colonial Minister who never professed to understand it, you will perceive how fortunate it is, that the business of ascertaining the proper price is not left to the ever-changingy and there- fore ignorant as well as careless authority of the Colonial Office, but is imposed on a per- manent body, specially charged with that duty, and specially responsible for its perform^ ance. Having established that the leading principle of the South Australian Act is a. sufficient price for public land, and that to you alone belongs the task of determining what is the sufficient price, I will endeavour to state the main considerations which, as. it appears to me, ought to govern a decision upon the subject. In the first place, let it be clearly understood, that the object in putting a price on public land is not to prevent labourers for hire from ever becoming landowners. On the contrary, every'ohe wishes that all the labourers taken out should be able to obtain land and servants of their own, after, and by means of, a few years of labour for hire. With this view it has been enacted, that all the purchase-money of land shall be employed in taking labourers to the colony, so that as labourers become landowners others shall arrive, not only to take their place as labourers, but also to supply them with servants, who in their turn again may become landowners and masters. Consequently, such a price only is reqiiisite, as will pre- vent the labourer from becoming a landowner until he shall have worked for hire during a few years. The proper price, therefore, depends, for one thing, upon the length of the term during which it is proposed that labourers should work for hire. In my own calculations on this subject, I have supposed that three years would be long enough for the capitalist, and short enough for the labourer. Swarms of English labourers would be delighted to contract for three years' service at colonial wages. According, however, to the length of the tenn, so ought to be the amount of the price. The first point then, that you have to decide, is the desirable term of hired labour. - Secondly, since, whatever that term, the labourer will save the means of buying land and becoming a master, sooner or later, in proportion to the amount of his wages and the price of his subsistence, it follows, that the probable amount of wages and price of pro- ■ visions in the colony, are two other elements of a decision as to the proper price for land. Though, without knowing the nature of the soil, and the modes of cultivation for which it will be suited, with a constant supply of combinable labour, we cannot even guess at what, if this colony were isolated from all other places, would be the probable amount of wages . ., and SELECT COMMITTEE ON SOUTH AUSTRALIA. 335 ^nd price of provisions, yet we may be pretty sure, that with constant intercourse between E. G. Wakefield to this colony and the neighbouring one of Van Diemen's Land, the amount of wages and Colonization price of provisions will never greatly differ from wages and prices in the latter settlement. Commissioners, If wages were much higher in Van Diemen's Land, an emigration of South Australian 2 June 1835. Jabourers would soon raise wages in the new colony ; and if provisions were much dearer in , — ttt?=- South Australia, they would soon be cheapened by importation from Van Diemen's Land. Here then is a negative guide, at least, to a conjecture as to the probable amount of wages and price of provisions in the new colony. The price for land ought to be suflacient to main- tain hired labour during a given term, on the assumption that wages will not be much lower, norprovisions much higher, than in Van Diemen's Land. The average amount of wages and prices in that colony,, during the last few years, may be readily ascertained. I am not aware of any other materials on which to build an estimate as to the proper price for land. Several others, however, have been mentioned, which, as they appear to me only calculated to mislead, ought to be examined here. First, it has been said, the cultivation of so many acres will require so many people ; these will require so many artizans to supply them with clothes, tools, houses, &c. ; and if the society is to be civilized, there must be so many more for a great variety of other employ- ments. As all the purchase-money of land is to be spent in taking people to the colony, the sale of so much land at suc'h a price will provide such a population in proportion to land. In a word, by determining the proper proportion of people to land, we may easily determine the proper price for land. Wow it has always appeared to me, that if such a calculation as this were made, even with microscopic care, it would, after all, be mere guess-work ; and that too, of the most uBsatisfactory kind. Who can even guess at the number of people per acre required for the proper cultivation of land in an unknown country ? The same question may be asked of all the other guesses in such a calculation. The only item in such a calculation, that is not a mere guess, is the cost of passage from England to the colony. With room for numerous -mistakes, a single mistake would vitiate the estimate. It was by some such guess-work as this," that the Colonial Minister was induced to consent to what he considered so high a minimum price as 12 s. I was asked, but refused to take part in that calculation. I refused, on the ground that it was a leap in the dark ; and that it was a leap in the dark was ex- pressly acknowledged by some who, very properly in my opinion, took it nevertheless, not because they liked it, but much against their will, in order to satisfy an ignorant scruple of the Colonial Minister, and to procure that which happily exists, viz. a commission specially charged with the duty of finding out the right price. Secondly, as the Act declares that there shall be no colony until people here shall have paid 35,000 I. for land, it is necessary, say some, to fix a price which will be agreeable to people in England. We must have a new colony, in short, at all events, whether or not we have a hired-labour price for land. To this view of the subject I have two very different objections. In the first place, there appears to me to be no reason why we must have a new colony at all events ; while the letter and spirit, the whole aim, scope and tenor of the South Austra- lian Act, point to a particular sort of colony ; that is, to one with a hired-labour price for land. There have been disastrous colonies enough, and more than enough. A new colony, founded under the South Austrahan Act, but without a hired-labour price for land, would, I cannot help thinking, be a great misfortune ; and in two ways, first, as it would produce another scene of colonial loss and misery ; and next, as it would disgrace you, and throw a slur upon that principle of colonization from which, not I only, but some of yourselves, and others, expect results of the greatest value to our country. Suppose you should succeed in the attempt to show that colonies may be planted without any of the disasters which have hitherto attended their infant state. The mere thought of such an event, of the effects which it would have on the condition of those who suffer from want of room here, and of the changes that it could not but produce on the face of the world ; the mere contemplation of what must follow upon practical proof, that a young colony may be made as prosperous as an old one, inflames generous hopes, which would be blasted for a time, if you should only appear to fail in the experiment committed to your hands. Our trust is, that the ex- periment, when fairly tried, will succeed. Therefore, I venture to say, let it be tried fairly, or not at all for the present; rather let there be no colony at all for the present, than one which does not fairly try the experiment of a hired-labour price for land. What people here may be willing to pay for land, has no sort of relation to what is the sufficient price for securing hired labour. Will you allow your decision to be influenced by that which has no relation to it, and which therefore would probably mislead you? Comnion sense requires that whatever is foreign to the matter in hand, should be excluded from it. But secondly, though the price which may please people here, have nothing to do with the proper price, still a conviction here that t'he proper price has been fixed, may perhaps be the. only means by which people here will be induced to give the proper price. If an opinion pre- vail that the price fixed will not secure hired labour, people will naturally say, why require any price? Any price that does not secure hired labour, is too much by its whole amount. It ignorant prejudices are to be consulted, the minimum named in the Act is a great deal too high. Those who do not see the object of a price, will exclaim against 12 5. as being ab- surdly extravagant ; while those who do see the object of a price, will, supposing them to 0.21. tt4. be 336 APPENDIX TO REPORT FROM THE E. G. Wakefield to be of that opinion, declare 12 s. to be aibsurdly low. You cannot have a less price then 12s .; Colonization that is, you cannot please those who do not see the object of a price ; but you may do what Commissioners, yg^ ]j]jg ^^ please those who think 12s. too low a price. Which class is it desirable that you ""e i o35- should please ? If people who do not see the object of a price, buy land at all, it will bie ' on account of some vague notion, that you would not hold out to them a bad speculation j they will be moved by nothing but faith in you. But you, surely, must wish that no buyer should be actuated by such a motive alone. You must wish then, that no one should buy land who does not see the object of a price. It follows that your only resource for obtaining, with comfort to yourselves, the indispensable 35,000 Z., is those who do see the object of a price. These will not buy land unless they believe, or unless you declare to them your belief, that you have fixed on a hired-labour price. The undeniable conclusion is, that the most certain way in which to have a colony, is by your fixing on a price which you can state to be, to the best of your judgment, sufficient for securing hired labour. The easiest way to have a colony, is to try for one which shall be perfectly consistent with the Act. As courage and wisdom are rather uncommon, so, in cases of difficulty, the ordinary course is to take a middle way, of which the general result is illustrated by the proverb, " Entre deux chaises par t&rre." Several such middle ways are open to you. You may fix what you consider an insufficient price as the minimum, and then try to get more by means of competition. Nay, by means of auction, you may get for some land a great deal more than the minimum. Let us suppose that the minimum were 12 s., and the average 20 I. ; still as every labourer would be able to obtain land for the minimum, the same evils would occur as if the minimum were also the maximum. It is a mere delusiouj to suppose that the average price will be of any weight in securing hired labour ; for that object the lowest price is all in all. I may remark, however, by the way, that, though auction be utterly useless with a view to the sole object of a price, the adoption of it would amount to a declaration on your part, that you had fixed on a price which you considere4 insufficient for that object. In a price per se, there is no sort of advantage, but the contrary* As the one object of a price is to secure hired labour, so any higher price than what wa sufficient for that purpose, would be most improper. If, therefore, you had fixed on what you considered a sufficient price, you would never seek to obtain more. It follows that, by adopting auction, you would declare your opinion to be, that the minimum was insuffi- cient. Since it is the lowest price alone, which can secure hired labour, you would declare your opinion to be, that hired labour was not likely to be secured. The other middle way that ofiers a tempting appearance, is the fixing'on a price avowedly insufficient, and declaring that a higher price will be adopted by and by. This path might be rendered very smooth and pleasant for a time, by declaring further that you were anxious to be guided by experience. You would be praised by many as prudent and cir- cumspect men, highly fit to be trusted. But now let us suppose that you do actually tak^ this course, fixing on an insufficient price, declaring that you think it insufficient, and that a higher price will be adopted according to the dictates of experience. What happens ? In the first place, those who understand the object of a price will have nothing to do with you ; those only will buy land who are moved by faith in you. Nay, these perhaps, being warned by the others (for when your regulations come oiit there will be much discussion on this subject) may be frightened on the one hand at the greatness, and on the other at the smallness of the price named, and may not choose to buy land at all. But, secondly, what is far more important, an insufficient price, if it last only six months, will ruin the colony. It is this consideration which would have deterred from buying those who seethe object of a price. We are supposing that the price required at first is really insufficient, though only for a time. But a very short time is sufficient for the ruin of a colony. At the Swan River (where the body of first settlers was unusually large and rich), all the mischief was done in less than six months. In the infancy of a colony, a false step cannot be retraced. Only let the labourers taken out obtain land before others have arrived to fill their place, and then away goes the greater part of the capital which has been taken out. By then, it is too late for precautions which, if adopted from the beginning, would have kept all in order ; so that, in the case supposed, the experience to which you would trust would be experience of nothing but disaster ; for though, certainly, you would have proved that some price was insufficient, still your knowledge could not then be turned to any useful account. A suf- ficient price is even more necessary during the first year than afterwai'ds. The time when the labouring emigrant's longing for land is strongest, is when he first sees the new country, and before he has formed ties which make him unwilhng to live alone. The time when the capitalist stands in greatest need of hired labour, is before he has got a house over his head. If during the first year the greater part of the capital perishes, which it must do -without labour for hire, then, in the second year, those who went out as labourers, having experienced the miseries of isolation in an unknown wilderness, want employment but cannot find it, and are bent on leaving the colony. This happened in the first p,nd the last colony planted by Englishmen — in Virginia and Western Australia, — and could not but happen in another colony where the capital taken out was allowed to perish for want of labourers to use it. It appears, therefore, that the plan of trusting to mere experience, after all the fatal experience that we have had in colonization, is one of the worst that could be adopted, however smooth and pleasant just at first to those founders of the colony who should stay at home. The ultimate price for land might, indeed, be safely left to expe- rience, provided you should begin with a price unquestionably too high, but not otherwise. And SELECT COMMITTEE ON SOUTH AUSTRALIA. 337 And this consideration shows that there is less danger in beginning with too high a price E. G. Wakefield to than with too low a one. A gentleman, who has had much experience of colonies, and who Colonization IS known, by reputation at least, to some of you, has said : " The only rock upon which Commissioners, that South Australian colony can spht, is too low a first price for land." This opinion will 2 June 1835. be echoed by the public whenever this subject shall be generally understood. ' ■ ' In whatever light, then, this question is viewed, it appears that you are bound to adopt from the outset that price which you may consider sufficient. Do I pretend to know what that price is? Certainly not. On the contrary, I acknow- ledge the impossibility of ascertaining beforehand what the price ought to be ; but there are means of arriving at a probable price; at that price which, all things considered, would seem to be best. It often happens in the world, and nearly always when great actions are per- formed, that some risk must be incurred. Probability is next to certainty; and when certainty is out of the case, probability is sufficient to justify what may be done. This is one of those numerous cases in which what seems best is best. 1 have already mentioned the considerations by which, carefully excluding all that were foreign to the question for fear of being misled by them, I should be guided in making a decision as to the probable best price. Why, then, it may be asked, do I not name a price ? I answer, because that is not my business. But the answer requires some explanation. However deeply impressed with the necessity of a sufficient price from the very beginning, I am well convinced also that this alone will not secure the prosperity of the; colony. Though there must be calamity without a sufficient price, yet something more than a sufficient price is requisite to guard against calamity. Suppose the price of land sufficient, and that the government of this colony, being wholly irresponsible to the colonists, should maltreat the common people, Uke most coloiiial governments which have emanated from Downing-street, and should so drive the labouring emigrants to Van Diemen's Land ; suppose that the Government should make laws to forbid, which would be the surest way to promote, the emigration of labourers to Van Diemen's Land ; in either case the colony would be ruined, and its ruin would be falsely attributed to the price required for land. Suppose, again, that no sufficient precautions were taken to secure in the first instance a due proportion between capital and labourers ; that labourers being in excess, should not be able to obtain employment ; in that case, also, the colony would be ruined, and its ruin would be falsely attributed to the price required for land. These are some out of many ways in which the colony might be ruined, notwithstanding a sufficient price for land. Moreover, though you should begin by fixing on a sufficient price for land, yet, if you should proceed to sell land before a body of intending settlers had been collected, if you should trust for selling the indispensable quantity of land, and raising the other indispensable sum for government expenses, to what is called the money-market ; in that case, it appears to me highly pro- bable, the indispensable money would not be raised ; and, if so, not the ruin of the colony, but the circumstance of your not being able to found a colony, would be falsely attributed to the price required for land. This is one way out of many, in which the project for founding a colony in South Australia might be defeated, notwithstanding a sufficient price for land. Other precautions, in short, besides a sufficient price for land, are requisite to your success. As the Colonial Minister will not, for the present, at least, consider this colony worth meddhng with, those precautions which, in point of form, must be taken by him, will probably depend upon you, while the others will be exactly such as you please. It is' not, therefore, my business, who have no sort of power or responsibility, to name a price for land ; it is your business, who have power to take all the precautions which are fitted to a sufficient price for securing hired labour, and without which that price can be of no avail If I were to name a price, and it should be adopted by you, I should be responsible for failure, without having any power to insure success. This is why I have declined to name any price, though there be one which I would adopt if I possessed your control over all the other conditions of success. Concluding, however, that you will adopt what you consider a hired-labour price for land, I am anxious to mention what have occurred to me, as some other conditions on which it must depend, whether you found a colony at all, and whether the colony that you may found be prosperous or miserable. These are : — 1st. That the price named should be the only price, whatever the quantity, quality or situation of the land sold, or whoever the buyer. The word "auction" appears in the Act, but was inserted there purposely, as some of you will remember, and as clearly appears by the context, ni such a way as to leave the question for your decision. There are many serious objections to auction ; but the mam ones are, first, that by taking advantage of competition, after fixing a sufficient lowest price, vou would in some cases obtain more than the sufficient price, which you ought not to do; and secondly, that by doing so you would appear to think that the lowest price fixed was not sufficient for securing hired labour, which would greatly damage the whole measure m the esteem of those who see the object of a price. The only reason that I have heard in favour of auction is, that you would thereby enable a land buyer to obtain the piece oUand 0.21. " " 338 APPENDIX TO REPORT FROM THE E. G. Wabefield to wMch he wanted for some particular object ; and this reason would deserve some weight if Colonization you could do what is proposed, without hindering some o*Aer land buyer from obtaining the Commissibners, piece of land which he wanted for some particular object. Your concern with the price of 2 June 1835. land in this colony is with the hired-labour price alone. What may be the competition — — — ^— price, or who shall obtain this or that piece of land by paying most for it, is a matter, as it strikes me, out of your jurisdiction. 2d. That your regulations for the "sale of land aiid the emigration of labourers should be clearly explained to the pubUe. In a set of proposed regulations which I have seen, there are provisions, some of which even I, who have paid so much attention to the subject, could not readily understand • while others a,ppear to me to have no object. Superfluous provisions might not hurtfully encumber a su^ect with which the public was familiar, but in this case they would be very mischievous. With simple r^ulations, and with a full explanation of the object of each provision, the subject will, I reel confident, soon become familiar to the public. Such an explanation is requisite, because the subject is new. At present, most people, looking at naked regulations, would ask the object of this or that provision; but if all such questions were anticipated by the commission, every one would have a fair opportunity of judging fof himself. People will be ready enou^ to inquire as soon as, by the issue of your regula- tions and other steps, the project shall become a reality. 3d, That a day should be named for the sale of land in England and the issue of colonial revenue bonds, allovnng time for the measures of preparation hereafter noticed. By fixing a time when you intended to act on your regulations, you would give some reality to the project for founding this colony. At present, it is considered a mere pro- ject ; naturally enough, bearing in mind the many occasions on which it has appeared to "be defeated. With a view to showing that, this time, the managers of the undertaking are really in earnest, it is also most desirable that the month should be named, when it is intended that, if all can be got ready so soon, the first expedition shall sail. Such an inti- mation might stop and attract to you many a person who is now preparing to settle in Canada or l3ie United States. The general advantage of it would be, in the shape of conditional -certainty, some mak.e-weight against the uncertainty that has been produced by a long series of lame and hesitating steps. 4th. That for raising the indispensable fund, dependence should be placed, not at all on the stock-exchange or any other money-market, but whoUy on a body of colonists. The clause in the Act, which insists that a certain sum shall be raised for government and the emigration of labourers, before the departure of the colony, has always appeared to me to be an excellent provision. A colony which could not buy land to the amount of 35,000 1., and advance 65,000 /. more on a security, which all who intend to emigrate must con- sider good, and with interest at the rate of eight per cent. ; so beggarly a colony as that ought not to be allowed to depart, for by reason of its original poverty it would go to cer- tain destruction. The chairman of the South Australian Association v^as well aware of the danger of letting a colony depart, which should be too poor to provide the indispensable fund required by the Act ; and when he has put questions to me on this subject, I have invariably answered, that if it were possible, it would certainly be desirable to prevent all but colonists from buying land and taking revenue bonds. Besides a due proportion between land and labourers, you want a due proportion between labourers and capitaL Now, if the labourers be furnished by persons who remain in England, what security is there that they will bear any just proportion to the capital taken out ? By-and-by, the sales of land in the colony will probably be a measure- of the demand for labour ; and in that case, the mode in which the purchase-money is employed will probably suit the supply to the demand. To some extent, a similar measure would have been used if none but colonists had been allowed to buy land. As it is, after contracts entered into here between masters and servants, the best indication that the body of capitaHsts going out are suffi- ciently wealthy to employ the body of labourers taken out, will be found in their being the chief purchasers of land, and of revenue bonds. This would show, too, without regard to the proportion between labourers and capital, that the capitalists were sufficiently wealthy to plant a colony. A colony could not be planted, even with a price for land absolutely perfect, by mere officers of government and needy adventurers. Of the latter class, who are generally moved by a delusive hope that mere cha,nge of scene will produce change of cir- cumstances, the fewer the better. There is, I believe, at this moment, only one man of considerable property bent on emigrating, provided he shall be satisfied with the first arrangements. If you should proceed to sell land, and dispose of revenue bonds to-morrow, I doubt whether you would receive as much as 1,000 /. from persons who intend to emigrate. In 1832, the body of intending settlers offered to advance 100,000 I. as the purchase-money of land. Since then, one or two bodies have been collected, who might, perhaps, have been able to pay 100,000 I. for land ; but they have been dispersed one after the other, by the cruel delays of the government ; and at this time " the body of colonists " is merely nominal. The first step, then, in a course by which your position may be made always safe and comfortable, is to collect another body of colonists. How is this to be done ? le ? They will collect themselves, without the least trouble to you, provided you take E. G. Wakefie V measures which must be taten sooner or later. What those measures are will appear Colonization the following statement. CommissiDiafir „.,.,,.,„ 2 Juoe 1835, L happen ta know some families who tbiak of emigrating, and if they do emigrata they _____^ 1 be buyers of land and of revenue bonds. They understand the subject, have been used employ servants, and will not emigrate unless the price for land be, in their opinion, culated to secure hired labour. Until they shall have res&lved, to emigrate, they will ; even tell their nearest connexions that they think of doing so ; much less will they ist themselves amongst those who are now called " the body of colonists." They 1 not resolve to emigrate until they see many provisions for success besides the mere le of your regulations. They want to know who is to be the governor of the colony; the other chief oflBcers ; and what fundamental laws will be made by the King m uncil (which means some irresponsible gentleman in the Colonial-office). They are aid that the governor may be one who neither understands the principles, of the under- :ing nor takes a warm interest in its success. They fancy that the fandamentaLlaws of 1 colony may resemble those of other Crown colonies, which it is needless to describe, a word, having the means to hve at homsi and habits of prudence, they will not commit imselves without knowing to what. There may be many such families waiting for brmation, without which, or a place, no man would make up his mind to emigrate. It is t easy to find out such families, because, in order to avoid the persuasion of friends, ;y do not speak of th«ir intention to emigrate until they can speak positively, when is too late for persuasion. But such families would come forth as soon as they re enabled to make up their minds to a final decision. In ord^er that prudent )ple should be able to decide on emigrating, your regulations must be promulgated ; ! time for the departure of the colony must be conditionally fixed ; the fundamental fs which are to exist, if not officially promulgated, (which the Act perhaps forbids), ist be made known in some way (and there are half-a-dozen ways of doing this with )priety); the governor, and other chief officers must be known (though their names inot appear in the Gazette at present) ; and then, if the regulations be. satisfactory, the ended organic laws good,, and the intended officers agreeable to those who mi^ht come contact with them, there will soon be, as I firmly believe, a body of colonists, such would enable you to proceed with little trouble and scarce any anxiety.. Whatever luble these measures of preparation may cost, must be taken, if the colony go on. If be not taken at the right time, that is, before you proceed to sell land, I greatly doubt 1 ether you will raise the indispensable fund; and very sincerely hope that you may not. r, if a beggarly colony be allowed to depart, destruction to those people, and disgrace to a, must be the result ; and if ever so rich a colony should depart, even with a sufficient ce for land, but with bad laws, or no laws, and bad leaders, the expedition will be a mere •amble, like that to the Swan River, ruinous to those who go, and shameful to all the rties concerned in sending them away. I have, &e. To the Colonization Commissioners (signed) H. G. WakefieM. for South Australia. p,S. — ^Writing in great haste, I have omitted one reason why persons here should prefer lufficient to an insufficient price for land ; it is that so much less land would be sold with ; higher price, that the competition value of the whole quantity sold might not only [lal but exceed the competition value of the larger quantity sold at the lower price, ith a hired-labour price, the greater part of what is sold to raise the indispensable 35,000 1. ly be either in or so near to the town as to possess immediately a nluch higher value m the original price. This consideration would seem to point out that there is no neces- y'for giving to the first buyers any other advantage than that of first choice. A bounty the first buyers, whether necessary or not, will surely excite afterwards much jealousy, d however unjustly, some suspicion of favouritism or jobbing; not to mention that the er of one seems calculated to lower rather than to raise the speculation in pubhc esteem, any one gain by buying land in this colony, the first buyers will gam more and sooner m anybody, vrithout a bounty ; if the speculation be.not good for them without a bounty s not good for them with one. With a hired-labour price for land, so that the whole of ! indispensable quantity should possess competition value over the original price, and thout auction, so that the original buyer should have all the advantage of competition ue, there is no sort of necessity, nor even a plausible reason, as it strikes me, tor giving )ounty to any one. >.21. U U 2 340 APPENDIX TO REPORT FROM THE Captain, Dawson's Report on Sur- veying. REPORT ON SURVEYING j Considered with reference to New Zealand, and applicable to the Colonies generally. C O-N T E N T S. Page. Subject considered, and the Running Survey proposed -..-.-- 340 Review of the Trigonometrical Operation - - 341 Description of the Running Survey - - - 342 Remarks on the American System of Survey - 345 General Observations ----- 345 . The future Trigonometrical Operation - - 348 . Expense of the Running Survey, Estimate of the 349 Comparison of Estimate with the known Cost of Surveys in Lower Canada - - - - 350 Analysis of the Cost of the South Australian Survey ------- Conclusion ------- Plate 1. — Map of the District of Adelaide, with divisions into sections according to the system of Survey herein proposed. Plate 2. — Map of the District of Adelaide, with divisions into sections as they are actually set out. Page. 351 354 TO THE RIGHT HONOURABLE THE LORD JOHN RUSSELL, &«. &c. &c. My Lord, In obedience to the instructions contained in Mr, Vernon Smith's letter of the 12th ultimo, that I should furnish you with a report, on the most economical mode of eiFecting a survey in New Zealand, with general correctness but without minute accuracy ; and the probable expense of such survey per square mile ; I have the honour now to report, that the system of survey which appears to me best calculated to meet your Lordship's views, is that which provides for the division of the surface of the country into sections, of a stated size, at the least possible cost, and by the measurement of the fewest possible lines. To meet this object, I would propose the adoption, for the sections, of the simplest mathematical figure that is applicable to the purpose j and the measurement on the ground of the lines of that figure only. The square or rectangle is admitted to be the figure best suited to the sub-division of lands. It is almost invariably resorted to in this country in setting out new enclosures^ and has been adopted, for location, in the Canadas and United States of America, and in the colonies of South Australia and Sydney, I would recommend, therefore, its adoption generally for the sections in the survey of New Zealand, subject to certain regulations and limitations, as to the proportionate length of its sides, which shall presently be considered. Assuming, then, the rectangle to be the figure determined on for the sections, and the whole country to be laid out, by mea- surements on the ground, in sections of that form, as shown in the annexed diagram, a map might be constructed by the projection of those measurements on paper, and it would be impossible to suggest any system of survey more simple and more economical than the result so obtained. In speaking of this as a survey of the coun- try, it is of course to be understood as a ske- leton survey only, and differing from a full and perfect survey, in not giving the full and entire course of rivers, and other natural lines and features of the country, which in- tersect and traverse the squares. Regarding it in the abstract, independently of the natural lines of the country to which I have adverted, the skeleton survey, as herein proposed, differs from a true survey and projection, in so far as it assumes the component figures to be all true rectangles, when, in reality, either from casual and excus- able errors in the measurement of the lines, or from want of minute accuracy in reducing distances measured over inclined surfaces, to the horizontal plane, it may be found that distortion has taken place in the measurements, though it is not shown upon the map. The effect of any probable distortion of this kind that might arise, may however be regarded as unimportant, if a moderate degree of care and experience be brought to bear on the measurements. And having once established the angular points of the sections upon the ground, their true position, and the actual figure of the sections they define, may at any future "••-C- SELECT COMMITTEE ON SOUTH AUSTRALIA. 341 future time be determined by a trigonometrical survey of the country, with anv tIpotpp of r t • r. accuracy that ulterior objects may require. ^' ^ "^^^""^^ °* g^'P'^'" ^^^*°" « A trigonometrical survey may either precede or follow the location or runnino- survev In vewne *"" ''"^" my opmion it should follow. o "ivcy. ju yeyin^^ <.rJ*'^7^f*T Pj^fr^ I have suggested, provides for the actual setting out upon the ground the hmitsof the sections for which a title is claimed ; and any probaBle error which could arise m setting out those limits, if moderate care only were ta'ken, would affect only .PHw'?"^ ^^'"^ .' contained quantities of land, and might be amply compensated to thl settler by a per-centage allowance on the sections, making them so ranch larger than the quantity guaranteed in the sale. This appears to me to be\ simpler and bettfr method of meeting the evil which might arise from such accidental causes, than that which would be attorded by any attempt at a strictly accurate survey. A per-centage allowance involves a present sacrifice of land. A trigonometrical survev calls for a heavy outlay of money ; and it appears to me there can be no difficulty in choosing the alternative for an infant colony. ° With regard to a strictly accurate survey, I would beg to remark, that it is extremely ditfacult in any country, and actually impossible in a new and tangled country, such as New Zealana, to construct a map with the degree of accuracy which should constitute it a just record, and conclusive evidence of the boundaries of property. It would be difficult also to estimate the actual cost of a full and complete trigonometrical survey of the country, as that must depend on the degree of accuracy which is expected to be attained by it, 'and on other circumstances of a local nature, concerning which little or no information can yet be afforded, to form the basis of a just calculation. An idea of the increased expense may however be formed by a glance at the principal operations of a trigonometrical survey, which are as follows ; viz. Review of the Trigonometrical Operation. In the first place, a base line of considerable length (say five or six miles) is measured on the ground with extreme accuracy, by means of a costly apparatus* ; and a reduction to the horizontal plane is made, of the portions of the measurement which pass over inclined E. j. surfaces. From either end of the base line, '■. '---.. ,-■'/'■•. so measured, observations are made with \ '""--.,. .,•■' / '-.. delicate and expensive instrumentsf, of the angles subtended by the opposite end of the base and objects erected on conspicuous points to the right and left of the base line ; \ /' \ / each of these points, in combination with the \ / \ / ,.■-' extreme points of the baseline, forming a tri- \ ,/ \/ ...••■' angle, the sides of which are afterwards to be y' Base Line — v.v •• calculated trigonometrically, by means of the observed angles and the base line as a given side. Thus the relative positions of several points, such as C, D, &c. are determined, and may be projected on paper. Then, by removing the observatory to the points C, D, \ / &c., in succession, and taking the direction D of other objects relatively to the former ones, fresh points are determined in position ; and so on until the whole district is triangulated. The next operation consists in actually measuring upon the ground the lines which connect these several points with one another, and noting where the measured lines intersect rivers, streams, and other natural lines of the country ; care being taken in the measurements, to make the proper allowance for the inclination of the ground, otherwise the lines measured on the surface, in hilly districts, would be found longer than the horizontal distances be- tween the extreme points, as determined by the trigonometrical calculations. Having measured the lines between the trigonometrical points, and carefully noted the intersections by those lines of rivers, streams, &c., the next and last step is to survey the lines of coast, rivers, streams, &c., in order to connect the isolated points of intersection before mentioned. A trigonometrical survey is thus obtained of the natural lines of the country, with the addition also of points showing the position of the objects erected as stations ; but these are not the lines and points required for the purpose of location, and as yet not a single section has been set out. The difficulties to be encountered in the progress of the trigonometrical survey may thus be briefly enumerated : — 1st. The clearing and levelling the ground for the measurement of the base line. 2dly. The accurate measurement of the base line, and its reduction to the horizontal plane. 3dly. An * The apparatus with which Colon?! Colby's base line in Ireland was measured cost 1,000^. t The great theodolite used in the Ordnance Survey of England cost 500 1. 0.21. J' M 3 342 APPENDIX TO REPORT FROM THE Captain Dawson's Report on Sur- veying. 3dly. An exploration of the country for the purpose of selecting- stations, the position of which is to be determined trigonometrically ; and the erection of proper beacons at those stations. 4thly. The observation of the angles at all the angular points, and the calculation of the sides of the triangles. Sthly. The cutting out lines of sight, and measuring from station to station, including the reduction of the lines to the horizontal plane, ethly. Traverse measurements along the coast line, rivers, streams, and other natural lines of the country ; and connecting the traverses with the trigonometrical points*. The results obtained by the trigo- nometrical survey, as before de- scribed, are shown in the annexed diagram, by which it appears that, although much has been done for the connexion of isolated surveys of detached parts of the country, and for laying them down truly in posi- tion, as component parts of a general map ; the points and lines deter- mined by the trigonometrical survey, at this stage of its progress, are not those which are required for the immediate purpose of location. If, for instance, it were required to convey a section on the banks of one of the rivers shown in the above sketch, it would still be requisite to trace and measure the lines of the section upon the ground, as in the running survey ; and if the chosen section were in the middle of one of the triangles, where no lines have yet been measured, the trigonometrical operation would be altogether unavailable for determining its position, unless posts were erected at all the angular points of the section, to be fixed by observations from the angular points of the triangle. But, in order to put up posts at the angular points of the intended section, it is essential that the position of those points should first be determined on the ground ; and the determination of those points oh the the ground, is the proper business of the running survey. / Thus it is shown"" that, while the running survey is " indispensable, the trigonometrical operation, in connexion with it, and applicable to the immediate purpose of location, is useful only in determining the position and contents of the sections with greater, that is to say, with mathematical precision. If, therefore, by means of the running survey alone, sections may be set out with such accuracy as to secure the purchaser from loss, or, in other words, to assure to him the pos^ session of, and clear title to, the full quantity of land he has paid for, it will be evident that the trigonometrical operation may, at least, be deferred until ulterior objects call for it, and the colony is better able to pay for it. It appears to me that this object may be fully attained by the system of survey I am about to describe ; and the ulterior objects for which the trigonometrical survey may be required shall afterwards be considered. / Description of the Munning Survey. As a preliminary measure to the running survey, I would suggest that the Surveyor- general, or some other competent person, should carefully explore and examine the country around the principal town, to the extent considered available and most desirable for imme- diate settlement f. This * See Mudge's Account of the Trigonometrical Survey of Great Britain. See also, an excellent Treatise on Surveying and Practical Astronomy, by Lieutenant Frome, Royal Engineers, the present surveyor-general of South Australia, which gives a n.ore concise but ample account of all the practical detaikof a scientific survey. •f- The town disiriet itself must be specially dealt with according to the judgment of the sjirveyor- ceneral. In the absence of local information, it would be impossible to give any detailed directions for nis guidance. SELECT COMMITTEE ON SOUTH AUSTRALIA. 343 O This being done, I would select, in the district first to be laid out, a point (O) within a convenient distance of the town, having regard to the follow- ing considerations only, viz. : that two lines mea- sured from it, one in the direction of the meridian, O A ; the other at right angles with it, O a, should traverse the most open, level, and accessible ground. The direction of the meridian should then be determined by means of a theodoUte set up at the station O, and contractors or labourers should be employed to clear the line for the surveyors, about three or four feet in width, by cutting brush- wood, &c. This work should be carried on under the imme- diate superintendence of the surveyor, who, as the clearing proceeds, should cause White staves to be set up at convenient distances, ranging them ac- curately by means of his theodolite at O. The line should be cleared also and set out, in a similar manner, for a short distance (say half a mile) in the opposite direction, towards X ; and when this has been done, the surveyor should, with the theodolite, set off the direction of the line O a, at right angles with the first line, which, by observing the angles on either side of a, he will be enabled to do with great accuracy. Other contractors should then be employed to clear the line in the direc- tion of O a. Two parties of surveyors should be employed, the first party measuring the line O A, the second party the line O a ; and the measurements along these two first lines should be twice made (or out and back), as much will hereafter be found to depend on their accuracy. In measuring these lines, strong pickets should be driven into the ground, at intervals of 20 chains, or a quarter of a mile ; and, when the first party arrive at the point A (one mile from O), the surveyor should set up his theodolite over the picket, and range an- other line, A Y, at right angles with O A. The se- cond party, also, having arrived at a (one mile from O), the surveyor of that party will set up his theodolite over the picket, and range another line, a Z, at right angles with O a. The two parties should then proceed to measure, as before, the lines A Y and a Z ; and, if the direction of those lines has been properly set out and preserved in the measurements, their intersection at P will be one mile distant from either of the points A and a, subject , . , . , , . „ , of course to errors in the length of the lines O A and O a, .which it was the object ot the repeated measurement to prevent. As a proof of the direction of the lines, the angle at P should be mea- sured with the theodolite, to see that it be a right angle. And should the measured distances then be found to fall short of or extend beyond the point P, it is evident that the error must have arisen in the measurements, either from oversight or the want of proper allowance for the undulations of the ground; and, having rechained the distances P A and P a, to discover the error and rectify the position of the in- termediate pickets, the first party should carry on the measurement of the line O A for another mile to B, and at B set off another line, B Q, at right angles, measuring along it also for mile ; and then, prolonging the line a P, its pro- longation should reach the point Q, at one mile from P, any requisite correc- tion of the measurements being made as before. The second party will, at the same time, prolong O a to 6, setting off and . -,, • ■ measuring b R, and prolonging A P to R, making also any requisite correction ot the inter- mediate pickets. The first party should afterwards prolong the line B Q to S, the second 0.21. MM4 P^"y Captain Dawson's Report on Sur- veying. \ r V T d s p R ( % b I 344 APPENDIX TO REPORT. FROM THE Captain Dawson's Report on Sur- veying. M jsr party also prolonging 6 R to S; and at this point, S, the two parties will again check one another. The same course should be pursued by the two parties with the remaining squares of the figure ; the first party proceeding northward, the second party eastward, and checking each other again at the points T, U, V, &c. The squares which have now been described admeasure 640 acres, or a square mile each ; but pickets have been driven, as the measurements proceeded, at every quarter of a mile ; and by connecting these pickets, as shown by the dotted lines in the annexed sketch, each square mile will be divided into eight sec- tions, containing 80 acres of land each*. It will be seen, how- ever, by the diagram, that three internal points are still wanting for the perfect definition of the eight sections upon the ground, and that these can be supplied only by the measurement' of the central line M N. I would recommend, therefore, that the line M N, in each square, should be measured. This form and size of section have been adopted in South Australia. The form, in the proportions here assigned to it, may be considered unobjec- tionable ; for while it approaches sufficiently near to the square or most perfect form, to prevent any part of a farm or section being inconveniently remote from its homestead, it possesses other and important advantages in its adaptation to local circumstances, whereby the benefits derivable from frontage on roads, rivers, &c., and the several varieties of land may be more generally shared. The proper size for the sections must depend on the value of the ground and the means of the settler. Where the land is rich in quality, a general participation in its riches will be desired, and the sections must necessarily be more limited in extent : but where, on the contrary, the land is poor, and affords only a scanty pasturage, it must be comparatively worthless to the settler, unless he possesses it in considerable quantities ; and the necessity for such minute subdivision then no longer exists. Looking to the returns supplied by the South Australian Commissioners, and ordered by the House of Commons to be printed on the 10th of April 1840, it appears that out of 603 sales (exclusive of special surveys), amounting to 110,971 acres, 421 (or more than two-thirds' of the whole) were of sections of the smallest size admitted by the regulations ; and though the total quantity of land sold, if distributed in equal portions among the 603 purchasers, would give an average quantity of 184 acres to each, it is evident that the average means of the purchasers would not be met by allotments larger than those of 80 acres each. As a per centage allowance on account of pubhc roads, two per cent., which rather exceeds the proportion that the roads in this country bear to the lands at large, should be considered ample. And as a further allowance on account of casual errors which may occur in the measurements, I am inclined to think that two per cent, on the acreage should be a sufficient, and three per cent, 'a liberal allowance. Taking the two together at five per cent, on the acreage, this allowance may be conferred, either by reducing the purchase- money of a section to the price of 76 acres, and thus preserving the uniform length of a mile for the sides of the square eight-section blocks (which, in my opinion, would be the pre- ferable method), or by keeping the purchase-money at the full price of the 80 acres, and increasing the size of the sections, by an addition of two and a half per cent, to the linear measurements, the sides of the sections in the latter case being 41 and 20 1 chains respect- ively, instead of 40 and 20. The running survey I have proposed differs from the American system of survey : — 1st. In fixing the direction of the lines accurately, by means of the divided limb pf the theodolitef, and reading the angle on both sides the line, instead of trusting en- tirely to the compass. 2dly. In more accurately setting out and preserving the direction of the lines, by means of staves, &c. Sdly* In the proofs of accuracy afforded at the completion of every square mile. In point of accuracy the running survey is, in fact, inferior only to a survey founded on a basis of triangulation. * The pickets must have permanent marks put upon them by which to be registered and referred to in the conveyance of sections. f The small theodolites, made by Troughton and Simms for the ordnance survey of Ireland, are of five inches diameter, and cost 20 1, each. Those, made by the same parties, for Colonel Everest's survey in India, are of four inches diameter, and also cost 20?. each. The construction of these instruments is very perfect ; but they appear to me much too delicate for the service contemplated above. What I should recommend in preference would be a good four-inch theodolite, with double plates, made as plain and strong as possible, and with adjustments all of the simplest kind. Any ordinary repairs might then be performed by a tolerably expert watchmaker. The working screws of the theodo- lites should all be supplied in duplicate, together with a turnscrew, pliers, &c.; and the theodolites should all be made exactly to the same pattern throughout, so that the several parts of any one might apply equally well to the others. The surveyor might then readily himself replace any casual fracture. Such an instrument, with the duplicate screws, &c., could be supplied by Messrs. Troughton & Simms for 20/., and with proper care should last at least 20 years. But if the cost were included wholly in the expenditure of the first year, it would, upon the average quantity of work produced by an assistant surveyor, add but half a farthing per acre to the expense of the survey. SELECT COR4IVIITtEE ON SOUTHiAlJSTRALIA. Remarks on the American Si/stem of Survey. 345 Captain Dawson's rp, . . J 1 i- , 1 Report on Sur- Ihe American Surveys depend .entirely on the compass.. In laying out a township, the veyin-r. surveyor first measures the external lines of the figure, which are generally about 10 miles — ! in each direction, and then runs the intermediate or " range" lines. It is easy, therefore, to see how, under such circumstances, either negligence, or careless- ness, or incapacity on the part of the surveyor would be productive of all the errors which have been charged against the American surveys. If, for instance, he neglected to measure the range lines on the ground, and contented himself with only drawing them upon paper, the settler might chance to find a lake occupy- iDg the ground allotted to him on the surveyor's map. Or, if the hnes were measured carelessly or by incompetent persons, disturbing causes acting upon the needle, or other circumstances, might cause a deviation of the range line, A B, from its true direction, as shown in the annexed sketch, to that of A C. The surveyor would not, however, be aware of his error until he arrived at C, and as it could then only be rectified by remeasuring the line, it is more than probable that, as carelessness or incapacity had led to its commission, either indiiference or indolence would lead him to pass it by rather than turn to re- medy it at such a cost. Still he might endeavour to conceal the error from his employers, by drawing' the line in the position which it ought. to fill upon his map; but the location pickets would remain on the erroneous line upon the ground, and the consequences would be as here shown in the sketch, and as described in the evidence given before, the Assistant Commissioners of Crown Lands,, and printed in .Appendix (B.) tp Lord Durham's Report on British North America, pp. 64. 58. 77. 79. The following account of the American system of survey is taken from the Penny Ma- gazine for August 1840, under the head — " Difficulties of Surveying and Allotting in North America." [From a Corres,pondent.J " Having planted his compass at the commencement of the line he intends to run, and having arranged the sights to the proposed course or particular degree, when the under- wood is not thick, it frequently happens that a tolerably clear way may be seen among the trees to the distance of 10 or 20 chains, until some stout tree appears to stand upon the exact line that has to be run, and interrupts the view. This tree the surveyor particularly notices, for be calls it a sight-tree ; and having slung his compass under his arm, pulled up his compass-stafi^, and called out " chain" (as a signal for the chain-men to commence mea- suring), he sets off a-head of the chain-men, taking the axe-man along with him, who here and there cuts down small saplings that seem in the way of the chain-men, which serves also to mark the line ; and having reached the sight-tree, on which he has kept his eye the whole way, he goes to the front side of it, and there re-sets his compass, during which the axe-man is engaged in marking the tree in a particular manner (three, four, or five notches, both in front and ear) ; while the surrounding trees, particularly the young ones, are scored with a similar number of notches on the side of each, Ipoking inwards, or towards, the sight- tree. The trees thus marked are called witnesses, and the object in marking them in this manner is, that in case of the sight-tree being cut or blown down hereafter, its place may be nearly ascertained by the position of the witnesses. When the chain-men have measured up to the tree in question, the distance, as well as the sort of tree, is noted in the surveyor's field-book. By this time a new object has been taken, and forward goes the surveyor and the axe-man again." General Observations. It cannot be expected that the system of survey, herein suggested, should be carried out, in all its simplicity, over the entire country. Disturbing causes will arise to break its con- tinuity in some cases, and to vary the direction of the lines in others. And, even though it should be practicable, it might not be expedient to adhere rigidly to the system of cardinal lines and parallels hitherto proposed. I shall proceed, therefore, to consider the probable causes of disturbance which may arise,, and the means by which they may be best met and provided for : — 1st. It is probable that different settlements may be established, in distant parts of the colony, requiring districts of covintry to be laid out in section^ around each, but without the possibility of immediately connecting the districts one with another ; or, 2dly. Inaccessible, or Unproductive tracts may intervene between rich and luxuriant dis- tricts, to break and destroy the continuity of the system of lines before proposed; or, 3dly. It may be found desirable to change the direction of the lipes (hitherto laid out in the direction of the cardinal points), and to adapt them to the, natural lines and fea- tures of the country, such as rivers, valleys, lakes, coast-lines, &c. , ^ Oi'2 1 . XX With 346 APPENDIX TO REPORT FROM THE Captain Dawson's With regard to the two first cases herein suggested, the system before described will still be Report on Sur- found strictly applicable, viz., the setting out series of parallel lines in the direction of the veying. meridian, and at right angles with it: only the groups of lines will be detached, ftnd at a ■■ distance from one another, as shown by the groups A and B in the annexed sketch. B 1>. In the third case, where rivers, valleys, lakes, or coast-lines occur, to change the direction of the lines, as at C in the sketch, the same system will still prevail as to laying out the lines, only that the prime line will here take the general direction of the river, valley, &c., instead of being drawn north a.nd south. • ■ • So long as the regulation prevails for selling lands only which have been surveyed, and keeping the surveys in advance of the settlements, these groups will go on extending ,con-, tinuously, and no difficulty will arise until other disturbing causes present themselves, to compel the formation of new and distinct groups of sections. But should the measure of selling lands in advance of the surveys be introduced, and a more rapid system of survey be required, I would suggest the following as being most applicable to the purpose. Presuming that the lands most likely to be selected are those in the immediate neighbour-'' hood of rivers, lakes, or the sea-coast, I would suggest that, instead of making a complete- survey of the sections in the first instance, the frontage ojily of the sections should be set out, under fixed limitations as to the comparative depth of country to be taken with every given length of frontage. Thus for setting out sections along the river in the annexed sketch, 1 would run a straight line, A Z, in the general direction of the river, and at a short distance from it, driving pickets A, B, C, D, &c. at intervals of a quarter of a mile. At each of these points I would set off and measure perpendicular lines, down to the river, marking with pickets the points a, b, c, d, &c. on the river's bank. These last pickets would define clearly the extent of water frontage, while the perpendicu- lars •a A, iB, cC, &c. would denote the back direction of the sections; their extent in that direction being re- gulated by the frontage. Looking to the great advantage which water frontage affords, it must doubtless be the policy of the Govern- ment to distribute that advantage equally, and as generally as possible, throughout the settlement It becomes, therefore, a question of importance to determine the proportion which should be observed, m water sections, as to frontage and depth. The proportion in the land sections, hitherto set out, has been that of 2 to 1, the sides being half a mile, and a quarter of a mile, respectively. In the water sections the proportion may be increased, probably as 3 to 1, thus :---.__ or as 4 to 1, thus :----.__ But if the same acreage be presei-ved in the water sec- tions, the frontage will of course have to be reduced in proportion to the increased depth ; and in the latter case it would be 10 chains or 220 yard sonly, for a whole mile in depth. A geld •■^y o..-' .«r .••' •••■^ ...-•' ..>: .--' .•'' ■.^ ,- .*: ..• ■•■s>. ..••* V sC..- ..!»■ ■^..■■■-" >•■■■ SELECT COMMITTEE ON SOUTH AUSTRALIA. 347 A field of 10 chains square contains 10 acres, and 10 chains may therefore be considered Captain Dawson's rather a narrow frontage, under any circum- stances, for an eighty-acre section. But if It be desired to make provision for a proba- ble future extension of the holdings, it will be seen that a settler in one of the sections A, who has his homestead near the river, and occupied sections on either side of him, can extend his property only in the back direction B, the nearest point of the new section being a mile off, and the farthest point two miles, with a breadth of only 220 yards. A farm of such a shape would not be considered a desirable one in this country, and a more compact form should equally be desired for the colonies. The proportion of 3 to 1, would improve the form of the sections, but the sides in this case do not result from so simple a division of the mile. And, to preserve the quarter- mile frontage and increase the size of the sections, by extending them to twice the ordinary depth, would have the effect of excluding persons of small capital from the purchase of water sections. Preserving a uniform size in the water sections would further be attended with, the inconvenience of causing the sections to run in steps, as shown in the annexed sketch ; and the advantage of a continuous line at the back of the sections would be lost. What I should suggest, therefore, as a preferable course under such circumstances, would be to vary the size of the water sections in the following manner, and subject to the following regulations : — The first line should be run from a point O, not more than 10 chains from the river ; and the broken spaces be- tween the line and the river should be added to the eectipns immediately behind them. Thus, the first section, A, would be increased from 80 to 100 acres ; the second, B, would be something less, say about 90; the third, C, only a trifle more than 80 acres ; the fourth, D, about 100; E, 150. At F the deflection of the river is such as to admit pf an entire section, of 80 acres, being set out be- tvyeen the main line and the river, together with a broken portion G. F and G, taken together, will therefore form the water section in this case, and H will be a land section of 80 acres only. The same system would be pursued if the river fell off to the extent of two ordinary sections from the line, as at K, the water section consisting always of ithe broken portion, in addition to the next entire section. In both these last-mentioned cases, how- ever, the measurement should be discontinued along the line O P, and carried along the parallel line which separates the broken portion from the entire section, as shown by the dotted line in the sketch. Thus the water sections, while in some cases only a trifle larger than an ordinary section, would in others be nearly, though never quite, equal to twice that size, and would never exceed one mile in length ; they would be suited, therefore, to the means bpth of large and small capitalists. To determine the actual contents of the water sec- tions, a survey of the line of the river or coast must be made ; but for this probably time may be allowed before the conveyance is completed. Report on Sur- veying. 0.21. X X 2 A tolerable 3,48 APPENDIX TO REPORT FROM THE Captain Dawson's Repflit on Stir- , vej'ing. M A. tolerable approximation to the quantity may, however, be made thus:— The distance between the two frontage pickels on the river bank being only a quarter of a mile, or 440 yards, the direction of the river at some intermediate point, about half way between the pickets, may be observed with the theodolite, sufficiently near at least to show whether the river runs by C or D, and so to guard against any great deception in the esti- mated contents of the section. An arrangement might then probably be made for the immediate con- veyance of the property, on the settler agreeing to take the quantity of land at the surveyor-general's estimate. The arrangement for varying the size of the water sections has, moreover, the important advantage of removing entirely the difficulty which might be expected to arise, from laying out the sections arbitrarily, by cardinal lines and parallels, without reference to the natural lines of the country. If, for instance, in the survey of the square mile, represented in the annexed sketch, a river should be found to traverse it, pass- ing through two sections only, giving to those section an undue allowance of water frontage, and cofiferring advantages on them, to the exclusion of the other sections, the' injustice and irregularity would be found to adnlit of an easy remedy as the survey proceeds (without addiii^ ' thaterially to its expense), by merely changing the direction of the sections, measuring the line M N in an east and west direction, instead of north and south, and adding the broken j)'ortions of sec- tions to the sections immediately behind them J the only additional measurements required being the ihtei'mediate distances from the litae M N to the river. A map of the district of Adelaide is annexed to this Report, showing the application of the running survey to that locality ; as also a copy of the map which accompa- nies the Third Report of the Colonization Commissioners, showing in what manner that district has actually been set out. r' , ,,- ■ ■■• -, ^ ^^^ y i , 1 N It would be difficult, if not impracticable, to make any arrangement, as the running survey proceeds, for adapting lines of road tb "the' phy^icAl^ features of the cduntry; Such an arrangement will suggest itself, and ble found ■ more 'pradticable as the- country beeomes better known; and, in the meantime, the lines which* bo-und' the eight-section blocks will be found most desirable for the purpose, a convenient and proper space being allpvyed and set off on either side the line. It is to be borne in mind, however, that the early prosperity of the colony must be dependent, in a great measure, upbii the facility of communication afforded to the first settlers, and that very serious evils may result from ■ the inattention or neglect of individual settlers, if it be left to their own judgment and convenience to proyide the means; therefore a legislative enactment, by which the formation of the firgt lines, of road should be made, as nearly as possible, concurrent vyith the location^ appears to me highly desirable. The future Trigonometrical Operation, When, at some future time, it shall be deemed necessary to combine these severaf detached surveys of sections into one gentiral mapi, showing the several 'groups in their 'truia geogra- phical positions, and tracing the intermediate lines of coast, lakes, and rivers,and th0 lines of road which have been opened for communicating between the detached points of settle- ment, then will the necessity arise for the trigonometrical operation to which I have alluded, and then should it be undertaken, not with a view of detecting minute differences and irre- gularities in the sections individually, but to fix the groups in position relatively to the principal geographical lines and features of the country, so as to show what land still remains to be laid out, and how the whole country may be divided^ by natural lines or other- wise, into counties, hundreds, parishes, &c. For this purpose a trigonometrical survey, such as has been effected by Sir Thomas Mitchell, in Sydney, will be fully sufficient, as is' shown by the result in its application there. SELECT COMMirTEE ON SOUTH AUSTRALIA. 349 ^'^Pense. Cflpt^.„ Da^vson's In estimating the expense of the running survey, it will be seen, by the diagram before ^^P*""* °" ^"'■" given (page 344), that the first square mile of country laid out involves the measurement of ^^y'"S- five linear miles, viz. the four sides of the square and the interior line M N. In the tWo next squares, to the north and east of it, one of the sides of the first square being common to them also, only four miles of linear measurement will be required. In the fourth square, which completes the figure up to the point S, two of its sides have already been measured, and it is necessary only to measure, in addition, two sides of the square, and the interior line M N, being three linear miles. Thus it appears that, after the first square mile has been set out, the remaining squares will require either four or three miles of linear measurement for their determination ; that is to say, the squares along the prime lines will require four miles, the others only, three miles each. Taking the larger quantity as the basis of the estimate of expense (which should provide fully for the additional measurements required in the case of water sections), the cost of setting out eight sections, each containing 80 acres of land, will be equivalent to the expense of four miles of cutting and linear measurement ; or, one mile of cutting and linear measurement will be equivalent to the setting out of two sections, or 160 acres of land. It becomes necessary, therefore, to ascertain the probable cost of the linear measurements in New Zealand. The lines measured for the construction of surveys in this country, being for the most part disposed in triangles, and not arbitrarily in cardinal lines and parallels, as herein sug- gested, admit of adaptation to the circumstances of the ground. In measuring through woods also, in this country, where timber is highly valuable, great care is requisite,, on the part of the surveyor, to avoid doing injury to private property of this description. In ranging his lines, therefore, the surveyor is careful to dispose them in such a manner as to avoid the necessity of felling trees, and if, spite of all his efforts to the contrary, he finds it impracticable entirely to steer clear of them, he provides for passing them by, after this manner : — The measured line A B being obstructed by a tree, staves are set up at C, D, and E, A_^ ^., » 9 ? ?^ B two or three feet from the measured line, I ! 1-_ 1 1 3 (according to the diameter of the tree,) and c d e l one or two chains apart. The line C D E L is then measured, parallel to A B, until it has passed ;the obstructing tree ; or, it may be continued until another tree occurs in the line to stop its further progress. Then, by setting up other staves, G, H, I, at distances corresponding to the. former, a , return is made to the direction of the original line, which is again pursued as before. The trees thus passed become "sight trees," and should, with their "witnesses," be marked and registered, as described in the extract at page 345. Thus the felling of timber is avoided in this country, and the cutting through woods applies to coppice-woods only, being analogous, therefore, to the underwood in the colonies. The coppices in this country are, however, probably as dense and difficult to traverse as any of the underwoods in the colonies. Take, for instance, the coppices in Kent and Sussex, of 20 years' growth, and 18 or 20 feet, height, which, when cut, are used for hop- poles, &c. ; and I cannot imagine that the mere undergrowth in New Zealand can anywhere be more difficult to traverse, than districts such as these. The practice of this country shows that an alley, four feet in width, may be cut by two men, through the most dense coppice of this description, at the average rate of three- quarters of a mile per diem.* Calculating for this, rate of progress, at the existing rate of wages in New Zealand, the result will be as follows ; viz. — £, s. d. An assistant surveyor at (per diem) - - - - -10- Two woodmen (at 5 s. per diem, each) - - - - 10 - Two chainmen (at 5 s. per diem, each) - - - - - 10 ■ Rations for the party (per diem) say - 15 - Total ----£. 2 6 - for three quarters of a mile of eutting and linear measurement, or three pounds per linear mile, which, according to the previous estimate, gives 4|d. per acre as the cost of the running survey in New Zealand, under local circumstances of the greatest difficulty which this country aiFords an idea of. •' The » This average quantity is the result of the combined experience of 24 of the ablest practical surveyors in this country, to whom I addressed the following queries j viz.— 1st What do you consider to be the average time consumed in cutting through woods, preparatory to the measurement of lines through them for the construction of parish surveys? What time per Imear milet , . , ■ , 2d How many hands would be employed m the cuttings T. • i, vi. 3d! State the nature of the woods to which your estimate refers, whether of full-grown timber, witu or without underwood, thick or open coppice, and with or without timber. 0.21, XX'i 350 APPENDIX TO REPORT FROM THE Captain Dawson's Report on Sur* veying. 10 Miles. The supposition, however, on which the above estimate is founded, viz. that the surface of New Zealand is covered with a dense mass of underwood, as impervious as the fuH-grown coppices in England, is contrary to fact. It is well known that immense quantities of timber are to be met with in New Zealand^ and it is universally found that underwood and timber do not grow in quantities together ; that where one is plentiful, the other is comparatively scarce. ' The information I have received from the New Zealand Company, and from other sources, shows that the forests of New Zealand are very similar to those of the Canadas, and that the estimated cost of a survey in the former colony may safely, and with propriety, be based on the actual experience of the others. Comparison of the above Estimate with the known Cost of Surveys in Lowpr Canada. The cost of laying out lands for location in Lower Canada is known to be about Id. per acre ; and it may be well, before proceeding further, to investigate the differerice between the result in this case, and the estimated cost of 4 J plained of in Lower Canada, SELECT COMMITTEE ON SOUTH AUSTRALIA. 351 It must be borne in mind, however, that these results (as in South Australia also, and the rnnfam Da ' other colonies) apply strictly to the progress of the survey, exclusive of central superinten- Renort on Sur dence, instruments, stores, &c., the application of which has reference to periods of time, veving fnese expenses may nevertheless be estimated and applied acreably, or in any other way that ic Hpsirpd*. The exnenses in whinli T a11iirlc> „^« •> J J ^.— ^— that is desired*. The expenses to which I allude are,- 1 The salaries of the surveyor-general and deputy surveyor-general. 2. Ditto of draughtsmen. 3. Ditto of clerks. 4. Ditto of ofBce-keeper and messenger. 6. Office rent. 6. Stationery, instruments, and stores. 7. Transport of stores, and the removal of parties to distant stations. I am well aware, howeyer, that the survey in South Australia has been attended with an expense which scarcely bears any analogy to the rates above stated, and, though I am not directly called upon by my instmctions to investigate the internal economy of the South Australian Survey, it may nevertheless be expected that I should inquire into the circum- stances, and ascertain, if possible, the contingent and probable causes which have led to the excess. Analysis of the Cost of the South Australian Survey. By a Return which accompanies the present surveyor-general's report of expenditure for December quarter, 1839, shortly after his arrival in the colony, it appears that a party of 16 assistant-surveyors and 189 labourers had surveyed 37,508 acres during the quarter, at a cost (including rations) of 6,041 /., or 3a-. 2 d. per acre. In order to analyze this Return, it is necessary to examine it with reference to the rate of progress, and also as to the costs. First, as relates to progress : — Sixteen surveyors have surveyed 37,508 acres, or, on an average, 2,344 acres each, during the quarter. Now it is well known that the country in South Australia is more open, and presents fewer obstacles to the surveyor than either New Zealand or Canada ; and, according to the pub- lished estimate of Mr. Kingston (in the Third Report of the South Australian Commis- sioners, page 31), it is stated, on his own personal experience, that "three linear miles of surveying per diem " should be expected from each surveyor. I have before shown that each linear mile is equivalent to the setting out of 160 acres; therefore, three linear miles would be equivalent to 480 acres per diem. And, allowing for only 20 working days in a month, or 60 days in a quarter, we should have 28,800 acres, as the proper progress per quarter of each surveyor, instead of the 2,344 acres, as above ; or more than 12 times the quantity actually instead of in the quarter ending December 1839. Or, estimating the progress of the linear survey at one mile only per diem, as in New Zealand, four times the above reported rate of progress should be attained ; and the defi- ciency cannot be ascribed to a faulty estimate, when in Canada the estimate is fully borne out in practice^. The difference must be ascribed then to other causes ; either to negligence, indolence, or incapacity, on the part of the surveyors, or to adventitious circumstances which shall pre- sently be considered. Whatever be the cause of the deficient progress, it is evident that the cost of the survey must be increased fourfold by it ; or, that what should have been done at 3 d. per acre, according to the New Zealand prices and estimate, has cost 1 s. in South Australia. Secondly, as relates to the costs : — The cost of assistant-surveyors, as regards their number, is involved in the previous consi- deration, which shows that the same quantity of work should be performed by a less number of surveyors ; or, that the present establishment of surveyors should produce more work. The average daily pay of the assistant-surveyors appears to be about 10 s., and agrees with my New Zealand estimate. The average pay of the labourers also (including rations) amounts to but 6 s, per diem each ; and no reduction can, therefore, be contemplated on that head. The number of labourers may, however, fairly be considered as admitting of reduction. It has been shown that two woodmen and two chain-men are a sufficient statf for each sur- veyor in the field, supposing the surveys to be pursued continuously, and not too far removed from the centre of supplies. Thus four labourers, instead of twelve, might have sufficed • Takine; the average progress of each surveying party at one linear mile per diem, which is equivalent to the setting out of 160 acres, eight assistant surveyors, working 240 days each, might be expected to produce ab'jut 307,200 acres per annum; and every 320/. expended as above, would, upon Hub quantity of work, advance the cost one farthing per acre. -j- The average progress in Lower Canada is two miles per diem. 0.21. X X 4 s. d. 1 i) per acre 9 — - 5 — 2 11 per. acre 35* APPENDIX TO REPORT FROM THE r ' Captain Dawson'*' sufficed for each surveyor, and two-4hirds of the eipense incurred under that head wdnJd Repart on Sur- ^'f then have been saved, or 1 s. 9 d per acre. Or if, owing to the adventitious circumstances. veyiiig. to which I have alluded, these additional labourers be rendered necessary, the eflPect' must ' be toswell the costof the survey in South Australia from 1 s. to 2 s. Qd. per acre. There is one other item of expense in the Surveyor-general's feturn ; viz. " the repairs of camp equipage, instruments, &c.," which he estimates at 800 /. on the 37,508 acres, or 5 d. per acre. As no special allowance on that account is made in the Canadas,, and ^ none has been included in my estimate for New Zealand, this item must go still farthef to increase the average acreable cost of the South Australian survey; viz. from> 2s. 9di to 3s. 2c?. per acre. It is thus shown how the increased expense of the South Australian survey, as compared with the Canadian survey, and with that which I have estimated (on the experience of this country) for New Zealand, has arisen ; viz. 1. Through deficient progress, an increase of - - 2. Extra labourers, an increase of _ _ . . 3. Repairs of camp equipage,, instruments, &c. anin- creass of - Making a Total of - - - If to which be added 3 d. (the lowest estimate of cost in New Zealand), we shall have Ss. 2d. per acre, which the return shows to have been the actual working cost of the South Australian survey in 1839*. To investigate satisfactorily the causes of the above l-esults would be difficult, if not impracticable, with the imperfect information which the reports sent to this country afford. I must content myself, therefore, with pointing out such probable causes as suggest them- selves, or have been suggested to me. 1 St. Deficient progress may, and probably does, arise to a considerable extent, from com- bi^ning a trigonometrical operation, of a greater or less degree of accuracy, with the simple running survey> which has been shown; of itself to be sufficient for the purpose of location. Another certain cause of deficient progress is to be found in the dispersion of the sur-, veying parties ; in the time they imust necessarily lose in travelling to and from their dis^ tricts, particularly if the districts be remote ; and' in working generally at too great a distance from their quarter's (an evil v?hich will daily be felt when a regular encampment is. formed) ; as also in the time lost in moving the enOampwent frOm place to place as the survey proceeds. And again (though I should hope no such cause would ever arise), deficient progress may result from the negligence, indolence, or incapacity of the parties employed. 2dly. The employment of extra labourers will arise also from the super-addition.; of a trigonometrical operation, and from dispersion of the surveying parties; in the conveyance of stores and provisions ; in forming protecting parties also ; and, where encampments are formed, persons must be employed to protect the tents, as well as for cooking. Sec. ■ The'. third and lastitenl of increased expense, viz. for " repairs of campiequipage, &c. " can arise only when camp equipage is used. The' surveyor-general estimates, • for repairs of camp equipage and instruments, thus; viz. " Required for a party of one officer and eight men — ■Calculated to last for two years. ' And he adds, ^. *^ • " Assuming the instruments to last three years, it gives about 10 1, per annum for each party ; and.if to this befurther added 50 1. per annum for keep of a horse, and repairs of cart and harnessji it will give 30^. for the quarter" for each party, Without entering into the consideration of the question, whether cainp equipage should or should not be allowed, it may be well to compare the above estimate (which adds 6rf. pe>- acre to the Expense of the survey), with the following statement f of expenses ordinarily^ incurred ' 1 marquee - - - 2 bell tents - - - - £.30 35 1 store tent - - - 10 Camp 'equipage,; &g. Instruments i -i%.. - 25 60 * The salaries of the surveyor-genecal and two deputy surveyors-general, with other contiagent expenses, which in the Return are not brought to hea.! on the aqreage, would, if included, still further increase the cost to 3 s. 9d. per acre for the period above referred to. f For this statement I am indebted to John F. Bouchelte, Esq. late Lieutenant of dm 68th Light Infantry, son of the surveyor-general of Lower Canada, SEI^ECT CDMMITTEE ON SOOTH AUSTRALIA. 363 wcowed in the sttrvey of »« 0«ti^ township of 100 square miles, or a4,aoo acnes, k Lowfer CaptaJHi Dawson's A stinreyor, at 25S. per diem, 90 days Two chain-men, 5 s. per diem, each, 70 days Three -woodimen, 3Z. 15s. per month each, 70 days T*ro7isions -__- Transport of provisions, and other incidental expenses of traveHrng to and from the district to be surv eyed - Stationery -------- Total - - Being a trifle less than 1 d. per acre for the entire work. It is necessary only, in addition, to repeat, that in Canada camp equipage is not allowed, and that the party provide their own cooking apparatus and bedding. They work generally until sunset ; and then, selecting a proper place for their night quarters, they proceed to cut afnd to drive stakes, in the form of a small enclosure, which they cover with the .boughs firat, and then with the bark of trees, and, lighting a good fire in it, they make themselves comfortable for the night. In making this statement, however, I wish to be understood as. merely recording the fact, and not as recommending the practice. £. s. d. - 112 10 >- - 35 - - - 29 17 — - 25 - _ of - 20 - — - 10 - - f. 232 7 - Report an Sur- veying. In connexion with the evils which result from dispersion of the surveyors, the regulation fb>r special surveys must be noticed, as tending also, in its present form, unduly and ftnne- oessarily to burthen the current yearly expenditure of the survey department. The regulation provides that every person who shall advance the price of 4>000 acres of land shall'be entitled to call for a survey and division, as nearly as may be, into sections of 80 acres each, of any compact district of 16,000 acres, and to select his sections from any part of such district, subject to this limitation^ viz. that he shall be restricted to a water frontage, not exceeding two miles, for every <4,0d& acres purchased. Thus the limitation, as to water frontage, Teaifcricts the purchaser of 4,000 acres to a frontage of two miles only ; and the 80-acre sections being half a mile in Iw^th by a quarter of a mile in breadth, the utmost he could claim under the regulation, would be eight water sections, with a back district of about three miles in depth. . If, then, a special survey were called for of a | A | compact district of 16,000 acres, on the banks of the river A C, the regulation which assigns a back district of three miles in depth to every two miles of water frontage would limit the extent of the special survey to four miles of the river's course, with a back district of three miles on either side. According to the more rapid system of survey which I have proposed, all that would be requi- site under these circumstances would be to mea- sure the line ABC, together with the perpendi- culars down to the river ; and, estimating the per- pendicular offset distances, on an average, to be equal to the full depth of a section, the result would be as follows, viz.: The line ABC 17 offset distances (half a mile each) Total 4 miles. 8J - 12 J linear miles. The purchaser would then have the choice of 16 water sections on either side of the river, the frontage of which would be marked with pickets on the bank, and the back direction clearly defined by the corresponding pickets on the line ABC. ^ -^^ ^ The extent to which he would be entitled to go in the back direction would not, it is true, be immediately set out upon the ground ; nor could it be a matter of importance so to set it out until other settlers desire to locate themselves on the adjoining lands, when the lines required for the new surveys would complete the former ones. The back direction might, however, be calculated and registered in the surveyor-general's office, and the conveyance be effected by it, as before shown. 0.21- yy *^® 354 APPENDIX :— SELECT COMMITTEE ON SOUTH AUSTRALIA. Captain Dawson's The measurement of the 12 J linear miles upon the ground, at Sl. per mile (which is Report on Sur- much too high an estimate for South Australia), would cost 37 /. 10*., or about one half- veying. penny an acre on the whole district, and H^d. per acre on the 4,000 acres sold. The division of a special survey into sections of 80 acres each, at 3 s. 2 d. per acre, costs 2,633/. It has been shown that the other objects of the regulation might be attained at a cost only of 37/. 10«., and consequently the division into sections, of itself alone, at the price above stated, involves a present expenditure of nearly 2,500 i. for every special survey sold; three-rfourths of which must be considered as in anticipation of sales, which may or may not be effected for years to come. And, lastly, among the evils arising from dispersion, the sacrifice of the surveyor-general's personal superintendence, and the substitution of the separate responsibilities of the assistant surveyors, must not be overlooked. Conelusion. In conclusion, I beg to express a hope that I have rightly apprehended your Lordship's wishes ; and that, in the practical view which I have taken of the subject, I may have so far succeeded as to satisfy your mind on the following points ; viz. 1st. That the running survey herein proposed is the most economical mode of effecting a survey in New Zealand; and that the combination of a trigonometrical operation with it is unnecessary for the purpose of location, and may, without detriment, be deferred to a future date ; and, 2dly. That the expense of the running survey per square mile should not generally: exceed the cost of measuring four linear miles upon the ground, and ^ould average: between 3 d. and 6 d. per acre ; and that the combination of a trigonometrical opera- tion, and other adventitious circumstances, vrith the running survey, would have the effect of increasing indefinitely the expense. I have the honour to be, my Lord, Your Lordship's most obedient humble Servant, Robert Kearsley Dawson, Tithe Commission OflSce, ' Captain Royal Engineers. Somerset House, 22 December 1840. INDEX, Appendix to Report from Select committee on South Australia Plate 1. V; > H O L 1) F A S T BAY Compiled and Brawn by G. M. WilluiTnJf. E L A I D E f/74) Ordeivd to be Fniiled. 2PMuiie.lS+l A — S-JiLsbnlian C G.R- .. tTLTf. Jicserve HOLDFAST ATPIP-EBU/IZ ^(b :*.EifeOBT yp.'HiM SELECT CCl'^IITTEE ®3?r SOITTM AUSTIRAMA H" ? r ^ (;.<;;v/);/< » - -. HOLDFAST Hf"." BAY ^ & rK 785 ■ ■' , » 270 , - ' . ^^I"^. . 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'';:A4^:^Fi L^^^g^ 't *•//.»•/■ /,.„./ 1,,//, rt,. li r ,-;... sl„:J t;;irj th;n I'./tr.i.'ul J.lf. .//.n.' r 'niJrj - ri^f ^rti Ai>-.i/!.J /:/iiA i./'ivj I'r , I'l Marsi\ril ^„ \ ■"iS;'lt.^-;i.uW\\ 1^1 ■'1-T' :ii^ j_ , ■; •;. ., I'l i 1 1- I- ra- «".!-' •^ T « r V ,.- -Tf;?- .;%'" M« \\ .iiVisr- .Imfr ti^ 8 tttalns eri Mite ' — '-- 1 *— J ' i ' ! 1 „it1." i ■ i Sketcli of ^; E V E A^' n AY. and KlXGSrOTE HAUBOrU, ' of tt'ife tibotit .'> /"/ hi.fh %i,i(,T I'uU .(' i^oii-u' tU d .i.M hut u. \ 1 _i , ~j 1 — . 1 1 ( * Xituhf Mi/fj i r/i) p%i^ii lii/'ti.'/i''c rrintcd June :!/■" 78'!1 . j -4' a* V -W nusiic 1 u ,> ^/ .> ./ 1/ j:,-t>'iioi(m tnnAiaw ^.n? y^An jit^nmiy ^h^j v ipviAi vo i'uv\- so y,>ipiod i/jhu K o a M. H P P U I V .i (2 •"'' +1 II M rri ..^r r ^T" 1TAIISI1V Hxnos i^:o saiifwwoj loarys wovd. j.aojsa o:, >:iaiNiiicidV ^--: iiy^ijfi n .c.i-/».:^) ■» *» '^- n SSVJ.O % ^\ S^UCJ '»*%*». "H»%t. /*«*' 'l"."i "-'-jj l-iuili^h M!l,i (i!> = Olif Jlnil»r j..,i,.i.'n .l;,i- M.U.I, t ■ir.n /., .1, '-.rS -% II Brush / u \y s f rii I" (\)i.--U' r c:/u-i/ s r,u <-/■ t/t.'se hilt.-; r_||.^ CfOAttJiiJ (li'tt ^ \^ I ■■'■\.\ /.'■ ■."•.,'/ 14 O -7=^ *';■■■, -pt.'n Tmip ']•'' 1,94-1 M a p sli o w 1 II t^' TIIK SPKCLVL SrUVV.YS lU sou™ AU:^T111AIIA, 1o tlic East w a v d ol' ilie fioui Lat .!«" 1o 35"40' S. from itormmiit.s in llic Siirivv (Wiv iV d e 1 a i d e , Jolai iViTowsinitli lO Soluj Squiux-. I m Appendix to Report from Select committee ow south Australia Ordeivd t« be Printed, 21'Miino. 18+1. [ 355 ] INDEX, ANALYSIS OF INDEX. Alphabetical and Classified LIST of the Principal Headings referred to in the following Index, with the Page of the Index at which they will be respectively found. Aborigines: Page. 1. Their general Condition; Numbers; Habits of Life, Sfc. - - - _ i 2. Their Intelligence ; Means of Instruction afforded - - _ _ _ j 3. Their Legal Condition --------__i 4. Papers laid before the Committee _.-_ _._2 Barossa Range ._--__. ___..jy Big Murray Tribe - - - -____ ._-,^ Burials - _--------____jo Jews, The - - -•- - - - - - - - _ -52 Reserves for the Natives ---------._ ^g Acts of Parliament _--.--. --...j Adelaide -------- ----.^ Adelaide Harbour -------------2 Administration of Affairs ----------_2 Government of the Colony __-----. --2 Agricultural and Pastoral Progress of the Colony - - - - -,- -2 _£ppointments to Offices ------------^ Assets and Liabilities of the Commissioners ------- .g Bills drawn by Colonel Gawler --------.g Finances of the Colony ----------- ^2 ^Expenditure of the Colony - - - - - - - - - -iQ * Financial Efnbarrassments of the Colony -------.23 Loans to the Commissioners ----------g^ Assets and Liabilities of the South Australian Bank ------- ^ Bank of South Australia - - - - - - - - - - "7 Auction in the Sale of Lands -----------5 Land Sales -------- ---"33 Price of Land ------------ 41 Australasia, Bank of - - - - Banks in South Australia -6 Bullion ■""""""""""'" j^ Deposits ------------ 't Bank of England -------- Loans to the Commissioners ----------34 Bank of South Australia 7 Australasia, Bank of~~~~''''''_Q Banks in South Australia _-__- Big Murray Tribe -------■"-" ' BlLI^ DRAWN BY COLONEL GaWLER " " 1. Bills drawn in 1B40 ------- -_« 2. Jmi84i ----" -8 3. Total Amount necessary to meet them ----- __g 4. How far anticipated - ' ^ '. '. *, ~.„ " ' " o 5 Co7iseauences likely to ensue from the discredit of the Bills - - - - o 6. PaSby whom held, and at what period the protested Bills would reach the^ ^ Colony ' ' „' ■ .-Q 7. Papers laid before the Committee ----- y „ Expenditure o.ai. ' ^ ' 356 ANALYSIS OF INDEX. Alphabetical List of the Principal Headings — continued. Bills drawn by Colonel G^WiER— continued. Page. Expenditure of the Colony - - - - - - - - - -19 Financial Embarrassments of the Colony --_--.__ 23 Capital in South Australia - - - - - - - - - - -10 Charter of Incorporation - - - - - - - - - - -11 Joint Stock Company ---_-____-_ 32 Civil Establishment of South Australia _-___. -12 Establishment -__-._. ._-_ig Commissioners for South Australia: 1. Generally -----..__.-- 12 2. Papers laid before the Committee ------ -13 Acts of Parliament .__---_-.--) Administration of Affairs -._-_--. --2 Assets and Liabilities of the Commissioners _--_---^ Bills drawn by Colonel Gawler -- _.-. -8 Emigration Fund - ;--_-------i8 .Expenditure of the Colony - --_ -_-_ --ig Financial Embarrassments of the Colony --------23 Guarantee Fund --___.---.-- 27 Interest, Rate q/'------------3i Loans to the Commissioners -__ ____-- g^ Corn Grown in. the Colony - - - - - - - - - - -13 Cultivation of the Soil ---.-------- 1^ Debt of the Colony : 1. Generally --.-_.-- -.-i^ 2. Papers laid before the Committee - - - - - - - -14 Depasturing of Cattle ----- -- - . . \^ Discounts --. _-__.__. ---14 Education in the Colony -.__ ^._. --.ig Emigration - 1. Emigration to South Australia - - - - - - - - - ^l 2. Emigration from the Colony -- - -_ - - - -17 3. Papers laid before the Committee - - - - - - - -17 Emigration Fund .- 1. Generally; Objects of the Fund, S^c. - - - - - - -18 2. Constructionof the amended South Australian jJct, with reference to the Power of borrowing ; use made of the Provision to that effect by the Commissioners r 1 8 3. Papers laid before the Committee - - - - - - - 'I9 Emigrant Ships -------.-. __-]g Encounter Bay -------_. -__-ig Establishment _--- --__-___ig Civil Establishment of the Colony ---___ --12 Expenditure ; 1. Authority of Colonel Gawler in respect of Expenditure - - - - 19 2. How far his Expenditure was judicious or excessive - - - - - 20 3. Expenditure for the outfit of the Colony ------- 20 4- How far the Expenditure can be met from the resources of the Colony - 20 5. Expediency of giving to the Colony a control over the Expenditure - - - 21 6. Papers laid before the Committee ----_- -21 Bills drawn by Colonel Gawler ----------g Civil Establishment - - - - - - - - - - -12 Finances of the Colony - - - - - - - - - - -22 Financial Embarrassments of the Colony --.---_ -23 Government House ---------_-_ 27 Land Surveying Staff ----___. .-_g^ Police Establishment ------_-__. ^q Public Works and Buildings ----_----_ 42 Stores ------.-----__ ^^y Surveys - - - - - - - - -,- - - - -47 Farmers -------------- 21 Finances of the Colony-. 1. Generally -__. ----.__ 22 2. Papers laid before the Committee - - - - _ - - -22 Revenue of South Australia -------- -.^o Financial ANALYSIS OF INDEX. 357 Alphabetical List of the Principal Headings — continued. Financial Embarrassments of the Colony: Page. 1. Generally' - - -.- - - - - - - - -23 2. Papers laid before the Committee - - _ _ _ ' - 24 Bills drawn by Colonel Gawler -.. ___ -8 Expenditure of the Colony --__ _ _-ig Loans to the Commissioners ---. ____ 34 Fisher, James Hurtle ----- -..---24 Flocks and Herds ------------- 2g Flour ------- _--. --25 Foundation of the Colony ------ ----25 Acts of Parliamerit ------------ \ Emigration Fund ----- __--_. 18 Sdf-supporting Principle ------ ___4g Freshfield, Mr. ----------- -25 Gawler, Lieutenant Colonel George .-.-_--_- 25 Bills drawn by Colonel Gawler ----------8 Expenditure of the Colony _--_ -_ -19 Financial Embarrassments of the Colony -j- ----23 Gillies, Mr. ----26 Government of the Colony ------ ___-26 Government House (Adelaide) ----- - --27 Governor of the Colony - - - - --__ -27 Grey, Captain ------ ._--._ 27 Gi/^BjisrrEE Fund: 1. Generally _----_-. --.-27 2. Papers laid before the Committee - - . ---27 2fi7/, Rowland ------- -29 Hindmarsh, Captain --------- .-29 Interest Rate of ; 1. Rate and Amount of Interest on Loans raised by the Commissioners - -3^ 2. i?a^e of Interest in the Colony --------- ^3 Loans to the Commissioners --------- Labour .-------------32 Land in the Colony --- ----- --32 Land Fund --------- """"33 Emigration Fund - - - - - - - - - - -18 Land Sales: 1. Amount arising therefrom ------ --"33 2. Causes of the falling of of the Land Sales - - - - - - - 33 3. Application of the Proceeds .- how far it should be confined strictly to Emi- gration,' - ------ -~~~ 33 4. Mode of conducting Land Sales --------33 5. Papers laid before the Committee - - 34 Auction in the Sale of Lands ------ --"5 Land Speculation ------------34 Surveys ----------- ""34 Landed Securities _----- -- ""34 Loans to the Commissioners ; 1. Generally - - - " " ■ ' r' t ' ■ 'o ~ "34 2. Discussions and Negociations relative to the raising of a Loan m 1840 - "34 ^. Amount of Loan required : probability and period of repayment - - " 35 4. Papers laid before the Committee - - ^ - - - - - "35 Bank of England ---------"""O Expenditure -------""""""^9 Financial Embarrassment ----------23 Reveiiue of South Australia 43 New Zealand -------"--"""39 Police Establishment of the Colony: 1. Generally ------------40 2. Papers laid before the Committee --------40 Population of the Colony - t- "40 Ports of South Australia '40 Adelaide Harbour ^ Port Philip - p^,4i 0.21. If y o 358 ANALYSIS OF INDEX. Alphabetical List of the Principal Headings — continued. Price of Land .■ Page. \. Propriett/ of a fixed Price considered ._---, -41 2. Importance of establishing a sufficient Price __--__ 41 Auction in the Sale of Lands - - - - - - -- - -5 Clearing 'Lands -,- - - - - - - - - - -12 Land Sales -------------33 Surveys ._._--------_ 47 Town Lands --- ---------53 Value of Lands ------- ----53 Promissory Notes ------- -.---42 prosperity of the Colony - - - - - - - - - - -42 'provisions - - - - -*- - - - - - - --42 Public Works and Buildings ----------- ^2 Government House ------------27 Roads ------- -- ■""43 Reserves for the Natives -_----_---_ 43 Revenue of South Australia - - - -- - - - - - -43 Bills drawn by Colonel Gawler - - -- - - - - -8 Debt of the Colony - - - - - - - - - - -15 Expenditure of the Colony - - - - - - - - - -19 Finances of the Colony - - -- - - - - - - -22 Financial Embarrassments --------- -23 Roads _-_-.--------- 43 Russell, Lord John .-----------44 Salaries of Officers in the Colony: 1. Generally -.--.------_ 44 2. Papers laid before the Committee --------44 Salaries of the Commissioners ---------- ^^ Self-supporting Principle ------ --.--4^ Shipping (Adelaide): 1. ^Generally ------------45 2. Papers laid before the Committee --------46 Soil of South Australia - - - - -'- - - - - - -46 South Australian Company ----------- ^^.Q Bank of South Australia -,------.-7 Statistics of the Colony ------------ ^.Q Stephen, Mr. Secretary ------------47 Surveys of Land in the. Colony : 1. Necessity of early Surveys before the purchase of Lands: unavoidable devia- tion from this ruie in South Australia ------- 47 2. Authority given to Colonel Gawler-^oith reference to Surveys - - - 48 3. Expenses of the Surveys : how far they exceeded the Estimates of the Com- missioners - - - • - - - - - - - - -48 4. In what manner the Expense of Surveys should be provided - - - - 48 5. Practice of special Surveys : its costliness : advantages and disadvantages - 48 6. Papers laid before the Committee --------48 Land Sales --------33 Taxation of the Colony - . ^ - ------- ^q Torrens, Colonel Robert ----.------^2 Town Lands .__-_-------_ ^3 Value of Land in the Colony' ------. ----53 Auction in the Sale of Lands ----------5 Land Sales -- _-_.------ 33 Price of Land --------- ---^i Town 'Lands - - ---------- ^3 Van Diemen's Land - - - - - - - - - - - -54 Wages in the Colony - - - - - - - - , - - - -54 Tfater - - - ..56 'Whale Fishery ---- 56 [ 1 ] INDEX. N.B. — In this Index the Figures following the Names refer to the Number of the Question ; and ^pp. p. to the Page of the Appendix. A. ABORIGINES: 1. Their General Condition; Numbers; Habits of Life, Sfc, 2. Their Intelligence ; Means of Instruction afforded. 3. Their Legal Condition. 4. Papers laid before the Committee. 1. Their General Condition ; Numbers; Habits of Life, Sfc: Their condition, habits and intelligence, M' Shane 1590-1602 Their present condi- tion ; protection and assistance given by Government ; labours of the Missionaries ; teaching of native children at Adelaide; their language, Angas 2409-2413 There is one tribe at Adelaide comprising about 150 persons; another at Encounter Bay com- prising the same number; one at the Barossa Range, consisting of above 100, and another at Port Lincoln about the same number, Ih. 2411 The last report from the Whale Fishery Company states that one of the whale boats is manned entirely with the natives, who make most admirable marksmen, and are exceedingly manageable, lb. 2416 Practices among them similar to those of the Jews; their superstitions, /6. 2417- 2419. 2. Their Intelligence ; Means of Instruction afforded : The protector of the aborigines had a great number of them at school, M' Shane 1461 The aborigines are capable of being educated to a certain point; there is a school for them at Adelaide, lb. 1461, 1462 They are generally well treated by settlers, and are not hostile, lb. 1585-1589 The children in the school at Adelaide are taught an hour or two a day ; at first the parents were unwilling for them to attend, but now they are anxious to send them, Jngas 2409 It has been found impossible to instruct them in the English language at the beginning ; it is expected, however, that a knowledge of the English will follow an acquaintance with their own language, lb. 2410. 3. Their Legal Condition : Authority to reserve lands for their use recommended. Rep. p. xxi -The existence of the aborigines is not recognised in the South Australian Act, and no measures can be adopted for the amelioration of their legal state, without altering the Act, Angas 2408 The selection or grant of lands made by Colonel Gawler, on behalf of the aborigines at Adelaide and Encounter Bay, is positively illegal, /6. 2408 In respect to the present position of the colony, they are protected by law, for the protector defends them, and their evidence is taken in courts of justice, lb. 2409 ^They have been dispossessed of lands on which they were distinctly located, lb. 2420-2435 The natives ouo-ht to be acknowledged and naturabzed as British subjects, and should have the power 'of buying and holding lands, which they have not now, lb. 2444. 4. Papers laid before the Committee : South Australian Resident Commissioners' Half-yearly Report, to 30th June 18407 App. p. 294. See Silso Backhouse,!. Barossa Ranze. Big Murray Tribe. Burials. Circumcision. Infanticide. Jews, The. Marriages. Reserves for the Natives. Surnames. Tattooing. Transmigration of Souls. Jets of Parliament. Enumeration of defects therein. Rep. p. iii-v Repeal thereof, and other provisions suggested. Rep. p. x, and xx Examination as to the construction of the South Australian Act, Torrens 135-J46 The Act under which the colony of South Australia was established, was brought into Parliament by witness in i»34, iV/nt- wiore 81 3-B16 The defective arrangements made by the Act arose partly from the novelty of the measure and partly from the compromises necessary to obtain any Act at ^^^braftff^n^Act to?u1horize His Majesty to frame laws and appoint officers for South Australia, and to appoint Commissioners. &c. &c. App. p. 36. 37— BiH to erect South Austraha into a British Province, and to provide for the colonization and government thereof, App. p. 39-43 Act 4 & 5 Will. 4, c. 95, erecting South Austraha mto^a 0.21. 2:2 2] COLONIES. LSoutii Reports, 1841 — continued. Acts of Parliament — continued. British Province, App.p. 44-48 Alterations and modifications suggested in the pro- posed Bill by Mr. Secretary Rice, App. p. 43, 44 Draft of Bill to amend the Act 4 & 5 Will. 4, as regards authorizing the raising of loans by annuities, App. p. 69-71 Act 1 8c 2 Vict. c. 60, dated 31st July 1838, to amend the original South Australian Act, App. p. 78-80^ Letter from Mr. J. Stephen to the Colonization Commissioners, dated 26th April 1837, stating that Lord Glenelg proposes to request the Board of Treasury to enter into direct communication with the Commissioners as to the terms of the intended Act of Parliament, App. p. 182 Letter from A. Y. Spearman to J. Stephen, dated 8th June 1837, on the subject of certain amendments in the Act regulat- ing the proceedings of the Colonization Commissioners of South Australia, App. p. 183-186 Letter from J. Stephen to the Colonization Commissioners for South Australia, dated 19th June 1837, transmitting to them the copy of a letter, and its enclosures, relative to certain amendments proposed by them in the Act for regulating their proceedings in regard to South Australia, App.p. 186. Letter from Robert Torrens to J. Stephen, dated 20 April 1838, submitting for the con- sideration of Lord Glenelg the draft of a Bill for amending the Act of 4 & 3 Will. 4, c. 95, for erecting South Australia into a British province, App. p. 186-189 Bill to amend an Act of the 4 & 5 Will. 4, empowering His Majesty to erect South Australia into a British province or provinces, App. p. 187-189 Copy of a letter from James Stephen to A. Y. Spearman, dated 3Qth April 1838, transmitting from Lord Glenelg, for the consider- ation of the Lords of the Treasury, the copy of a letterifrom the Chairman to the South Australian Commissioners, submitting the draft of a Bill for amending the Act 4 & 5 Will. 4, c. 95, for erecting South Australia into a British province, App.p. 189 Copy of a letter from James Stephen to Colonel Torrens, dated 30th April 1838, acknowledg- ing the receipt of Colonel Torrens' letter of the 20th instant, with the draft of a Bill for amending the Act 4 & 5 Will. 4, c. 95, for erecting South Australia into a British pro- vince, App. p. 1 90. See also Loans. Adelaide. The town of Adelaide is placed in a good position for the capital of a colony ; it is in a central position, and in the neighbourhood of the older settlement, close to a very excellent harbour, M' Shane 1537 Condition of the town of Adelaide in 1838, Driver 2487, 2488 Adelaide is inconveniently situated as a commercial - port, lb. 2498 There is a tribe of aborigines at Adelaide comprising about 150 persons, Angas 241 1 . Adelaide Harhour. EHfEculty experienced by witness in finding and entering the harbour of Adelaide ; there is a sand bar across the whole of the mouth of the harbour, Driver 2454-2474 Depth of water over the bar; rise and fall of the tide, Jb. 2518- 2524 There is an inner bar with about the same depth of water that there is in the first bar. Fell 2810-2814 ^The anchorage at the mouth of Adelaide Harbour is not safe between the months of March and October, being the winter months, Driver 2475-2481 Difficulties experienced by witness in discharging his cargo in Adelaide Harbour, lb. 2482-2485 A vessel that has delivered her cargo cannot get out of the harbour if there is a ship waiting astern of her to deliver its cargo, lb. 2526-2532. Witness made voyages in 1838 and 1839, ^.nd found equal facility each time in entering the harbour, Fell 2825. 2857, 2858 Witness found no difficulty in leaving the harbour ; manner of leaving it, lb. 2841-2845 The harbour was hardly known on witness's first voyage in 1837, i^- 2815-2817 Most of the vessels arriving at South Australia enter the harbour of Adelaide, Wheeler 2877, 2878 With a fair wind there is no difficult}'^ at any season of the year of entering the harbour at high-water, lb. 2881, 2882. There are no facilities for making a good port at the mouth of the harbour, without a very enormous expense. Driver 2499-2503 Name, number, tonnage and draft of water of vessels in the harbour in July 1838; number of ships that would lie in the harbour at a time, lb. 2504-2517 Names of ships lying in the harbour in March 1838, Fell 2809 Number of ships that could he in the harbour and discharge their cargo at tlie same time with convenience, lb. 2839, 2840 Manner in which witness got his vessel out of the harbour in 1838, Driver 2541-2543 In 1838 witness went dhrect from the port of London to the port of Adelaide, and arrived there in March ; no difficulty was experienced in entering the mouth of the harbour. Fell 2766-2784 The entrance to the harbour is well marked with buoys, lb. 2808. Advances by Government. Mode of recovery suggested. Rep. p. xxiii. Administration of Affairs. Letter from Colonel Torrens to Lord Glenelg, dated 2 2d Decem- ber 1837, transmitting minute of proposed arrangement for conducting correspondeticfe of the colony, App.p. 80 Letter from J. Stephen to the Colonization Commissioners, dated 4th January 1838, adopting the suggestion contained in the Commissioners' minute, subject to modification or alteration, ' App. p. 80 Letter from the same to the same, annulling the arrangement, App.p. 81. Agricultural and Pastoral Progress of the Colony, lixtracted from the South Australian Almanack for 1841, App.p. 321, 322 Adelaide and neighbourhood, extracted from the Country Directory for 1841, App.p. 322-324 Mount Barker and neighbourhood, App. p. 324, 325 Morphett Vale and neighbourhood, App. p- 3^5 „"[ hbourh ^"d^ sausttalia.] COLONIES. [3 Reports, 1841 — continued. Agricultural and Pastoral Progress of the Colony — continued. neighbourhood, App. p. 326 Parra Rivers, App. p. 326 Onkaparinga and neigh- bourhood, App.p. 327 Willunga, App. p. 327 Encounter Bay, App. p. 327 Strathalbyn and neighbourhood, App. p. 328 Port Lincoln, App. p. 328 Other districts and out-stations, App. p. 328 Table furnished by an abstract of the whole of these districts, App. p. 329. Agricultural Settlers. The agricultural labourers were willing to go to farms remote from Adelaide, but persons from London found employment in the town, M'Shane 1414, 1415- Agricultural Society. There is an agricultural society at Adelaide, M'Shane 1555. Amendment of Act. Correspondence between the South Australian Commissioners and the Colonial Office, relative to the proposed amendment of the Act, App. p. 68-78. Avgas District. Angas district is thickly settled ; it contains 14 stations, 10,000 sheep, 1,000 cattle, and 70 horses, Rundle 1974. Angas, George Fife, Esq. (Analysis of his Evidence.) — Chairman of Board of Directors of the South Australian Company; has many shares, 31,000 acres of land in the colony, and has extensive mercantile connexions there, 357-359 Witness withdrew from the South Australian Commission in order to establish the company, as his seats at the two boards were not compatible ; communications with the Colonial Office as to his withdrawal, 360, 361 The company was formed 27th January 1836 ; the object of the company was to co-operate with the commissioners in establishing the colony, by purchasing land, pro- viding shipping, and establishing a sperm and black whale fishery, 364 Means taken for that purpose, and for providing employment and a circulating medium in the colony, and obtaining supplies of provisions ; importation of cattle and sheep from New South Wales and Van Diemen's Land, by sea and land ; exploring rivers, &c. 364 — Capital and shares of the company, 365, 366. The company did not buy any of the 35,000 Z. worth of land of the commissioners; three individuals joined together to buy about 10,000 acres, at I2s. an acre, 367 They have since purchased 40,000 acres, at 20s. an acre, 368, 369 ^They have only parted with about 4,000 acres, 370-372 Some town lots have been sold at from 200?, to 1,000 /. an acre; and other lands have been let to farmers at a low rate, 373, 374 The residue is unappropriated, except by flocks and herds ; the company have also farms of their own to try experiments on the land, 375 Letters from two farmers, describing the successful management of their land, Ev. p. 46 Payments for land have been made, partly in cash, and partly after long credits from one to six or seven years ; there has been no instance of a default, 376, 377. Some town lots have been sold as high as 1,500/. an acre, payable by instalments of 200 1, a year for seven years ; seven years is the longest credit given, 378-390 Land in other parts of the colony has generally been sold at from 3/. to 5?. an acre 391-393 Some of the town lots originally cost 5Z. or 6/. an acre, or even 14/., 394, 395-397 The three persons who first bought land agreed to transfer it to the company, only charging interest for the money laid out, 396 There are about 2,000 acres under tillage in the whole colony, 398-401 The company have received specimens of grain of very superior quality, 402. The population of the colony is about 14,000, 403 There has been very little emigration thence to other colonies; there is little intercourse with New Zealand, 404- 406- The growth of grain would be sufficient for a sixth, or perhaps a fourth of the population, 407 Some accounts state that 60,000 bushels were expected from the last harvest, which would be 12 months' consumption, 4.08-410 Hitherto the colony has been obliged to import largely for its own consumption, 411-414 Witness expects it to produce next year enough for the whole consumption, 415 The company sent out ships with provisions every three months, 416 The price of provisions had fallen to the extent of one half, at the date of the last advices, 41 7, 41 8. Very serious evil will arise from the non-acceptance of the Governor's bills, 419 There will be an end of the government, as no salaries will be paid; the pohce must be discharged, to the peril of life and property ; the banks will be stopped ; a great panic will ensue, and trade must be carried on by barter; provisions cannot be imported, as there will be an end of credit ; there will be no means of employing labour ; and the shepherds beinff unpaid, will allow their flocks to be dispersed ; there will also be emigration trom the colony, and the colonists will all be highly indignant with the Government, 420 421 These evils will increase the longer the remedy is delayed, 422-— The first bill was refused acceptance on the 10th September; steps taken by witness to inspire confidence; communications with the commissioners and with Government, 423-427- 429>430 Deputations to Lord John Russell ; his Lordship's anxiety to give assistance to the colony, "^'a Ssunderstanding arose in the city as to the nature of the guarantee explained in the adfer"ent for the loan, 433-439- 446. 447 Witness was authorized by the South Australian Company to offer 50,000^. on debentures for six months, but wa. 0.21. ^^^ 4j COLONIES. [gottttJ Reports, 1841 — continued. Angus, George Fife, Esq. — (Analysis of his Evidence) — continued told by Colonel Torrens that aii arrangement had been made with the Bank, 440-445 There was much prejudice in the city against the colony itself, which increased the diffi- culty of raising a loan, 448 The 50,000 Z. was offered upon the guarantee in the adver- tisement, 449, 450 After the refusal of the Bank, witness endeavoured again to get the 50,000/., but the parties had then invested their money, 451-455 ^There would have been no difficulty in obtaining the loan had it notbeeii for the prejudice existing against South Australia, 456-467. Witness believed that Colonel Gawler had taken the right course in incurring an extra- ordinary expenditure, and that the commissioners would be able to meet his bills, 468, 469 In June last anxiety existed in the colony lest Colonel Gawler's expenditure had been too great, and lest he should be unable to get his bills discounted, 470-474 Nearly all mischief would still be prevented if intelligence could be sent out that' Govern- ment have afforded the means of paying the Governor's bills, 475-477 Very few pro- tested bills have yet been returned to the colony, b>it the holders of them have nearly lost patience, and dread the responsibility of holding them any longer, 478-502 If 240,000/. were authorized to be raised for the colony, in five years the colonists would be able to pay off the whole, together with their present debt, if they had control over the expenditure, 503-506. One fourth of the emigration fund arising from land sales should be applied to public improvements in the colony; the remainder would suffice for emigration, 507, 508 There is likely to be a less desire to purchase lands at present, and the emigration fund vyill therefore be reduced, 509,510 Without calculating upon an increase of popula- tion, the resources of the colony will be sufficient to meet its responsibilities, 513-522. Unnecessary expense incurred in the police, salaries to public officers, surveys, and some public works, 523-531 The payment of the debt, with interest, could be effected by taxation of the colony, if one fourth of the emigration fund were applied to pubhc improvements, 532-546 A diminution of revenue may be at first anticipated, on account of the financial difficulties, 547,548 It would not be necessary to extend the boundary in order to raise the resources of the colony, 550. The longer assistance is delayed, the larger will be the amount required, while the security for repayment will be less good, 551-555 Capital of the Australasian bank, and of the bank of the South Austrahan Company, 556-570 The banking has been con- ducted upon sound principles, and the paper issues have been in proper proportion to the capital, 571-583 An impression prevailed in the city, that the guarantee offered by Government was not in the usual form 584,585 If the interposition of Parliament be delayed, most disastrous consequences will ensue ; otherwise, the colony will be extricated from its embarrassments, and will be able to pay its debts in five years, 586-594. [Second Examination]. — Statement of the notes of the South Australian Company's bank, 30th September 1,840 ; amount of specie, assets and liabilities, 743, 744 Price at which land let by the company may be redeemed ; rent paid ; number of acres held by the company, and purchased of them, 745 Calculation founded upon the revenue of the two first quarters of 1 839, that the taxation of the colony amounted to 30 s. a head ; since that time taxation has risen to 2 Z. a head, with an increased population, 745, 746 The period in which the loan may be repaid will depend upon the future operations of the colony, 747 The company are withdrawing from the sperm whale fishery, but it will fall into private hands, 747, 748 There is a disposition amongst the holders of bills to wait longer in expectation of the matter being concluded, 749-751. [Third Examination.] — Statement of assets and liabilities of the bank of South Australia, 1683 Modeof conducting the business, 1684. 1693-1711. 1807-1838 Importance of the bank to the colony, 1690 Rate of interest, 1696-1728 Com- merce and shipping of the colony, 1733-1737- Natural productions; copper, slate, &c. 1737-1746 Effects of. Colonel Gawler's expenditure, 1762-1768 Capabilities of the colony for population, 1770 Demand for capital and labour 1771-1776. 1786- 1791. 1884 Horses, provisions, cattle, &c. 1776-1779. 1856-1858 Abandonment of Kangaroo Island, 1792 Rapidity of the emigration; its causes and consequences, 1793-1798 Necessity of replenishing the emigration fund, 1799-1804 Assist- ance given to farmers by the company, 1842 Wages in the colony, 1860-1864 Navigation of the River Murray, 1870 -Religious and moral condition of the settlers, 1875-1878. . , . [Fourth Examination.] — The existence of the aborigines is not recognised in the South Australian Act, and no measures can be adopted for the amehoration of their legal state without altering the Act, 2408 ^Their present condition ; protection and assistance given by Government ; labours of the missionaries ; teaching of native chil- dren at Adelaide; their language, 2409-2413 The Big Murray tribe; their numbers, and decrease from disease, 2414-2416 Location and labours of the German mission- aries, 2416 Extract from journal of J. Backhouse, and' a letter from Mr. Stow on the state of the natives, Ev.p. 217, 218 Practices amongst them similar to those of the Jews; their superstitions, 2417-2419 ^Means suggested by the missionaries for civilizing them, 2419 ^They have been dispossessed of lands on which they were dis- tinctly located, 2420-2435. , The Australia.] COLONIES. [5 Reports, 1841 — continued. Angas, George Fife, Esq. (Analysis of his Evidence) — continued. The suggestion in the First Report of the commissioners, that a proportion of the land should be given to the natives could not be carried into eflPect without violating the law, 2436-2439 Land should be appropriated to the use of the natives, in no case to exceed one tenth of the unsold lands, and to be granted in proportion to their num- bers, arid disposition to cultivate, 2441-2444 Means proposed for advancing them in civihzation, and amalgamating them with the white population, 2444, 2445 .The natives have in no case taken to drinking spirits; distillation in the colony has been prohibited, 2446. Angas, George Fife., Esq. The commissioners could have obtained money through Mr. Angas, at lo per cent, before they applied to the Bank; bwt the refusal o"f the Bank in- jured the credit of the colony, Torrens 241-245. 262 He retired from the commission, as he was about to make extensive purchases of laud, and to enter into pecuniary transac- tions with the Board, Torrens 3096-3099 Paper delivered in by George Fife Angas on 4th. March 1841, Ap^. p. 197-199 Correspondence in the latter part of 1835, respecting the resignation of the office held by George Fife Angas as one of the Commis- sioners for the Colonization of South Australia, App.p. 197-199 Paper delivered in by George Fife Angas, 18th March 1841, App. p. 205-207. Appointments to Offices. List of proposed appointments for South Australia, as submitted by Colonel Torrens to Lord Glenelg, in letter dated 14 December 1835, App. p. 55. Extract of a despatch from the secretary of the Colonization Commissioners for South Australia to the Resident Commissoner, dated 31 May 1839, stating the commissioner's approval of the steps hitherto taken by him with regard to certain official appointments, the state of the surveys, &c. App.p. 241. Area of South Australia. The area of South Australia is 310,000 square miles, and con- tains upwards of 198,000,000 of acres; it is in point of extent a very fair rival to the kingdom of France, Elliot 733. See also Surveys. Assets and Liabilities of the Commissioners^ Statement of the assets and liabilities of the colony for the years 1840-1841, with explanations, Torrens ^8 Explanation of the financial state of the colony in January 1840, and of the subsequent liabilities and assets, Torrens 75 This statement reconciled with that made in the Fourth Annual Report of the Commissioners, Torrens 76, 77 Amount of cash in the hands of the treasurer, exchequer bills in hand, and balance in the hands of the Australian Company, on the 1st July 1840; the liabilities had increased, Torrens 75 State of the finances of the colony 1st January 1841 ; amount of debts; if the accounts were now wound up there would be a deficiency of 170,000?. T^orrews 97-103 With 2io,OOoZ. the com- missioners would be able to fulfil all existing liabilities, and carry on the affairs of the colony on its old principles, Elliot 611-613 Statement of the surplus of assets in the hands of the commissioners in each month of last year to July 1840, Elliot 9^7" 919 Until August 1840 the commissioners had always money to meet the claims of the ensuing months, Elliot 618. Statements of assets and liabilities, exclusive of all bills of exchange not already accepted, App.p. 104, 105 Assets and habihties of the Colonization Commissioners for South Austraha, 1 March 1841, App.p. 191 Monthly assets and liabilities of the commissioners, January to June 1840, App. p. 274, 275. See also Financial Embarrassments of the Colony. Assets and Liabilities of the South Australian Bank. Statement of the notes of the South Australian Bank 30th September 1840 ; amount of assets and liabilities, Angas, 743, 744 . Examination as to the assets and liabilities of the bank of South Austraha on 30th September 1840, A7igas 1807-1823 The returns made in this country by the bank of South Austraha only show the general state of assets and liabiUties ; the colonial returns give the details of each branch to the local government, Brownrigg 1994-1998. Auction in the Sale of Lands. This mode" of sale recommended by the Committee, Rep. p. xi-xvi. xxi If the principle of auction had been adopted in South Australia, the land sales would not have exceeded their present amount, Wakefield 2612 The principle of auction has been adopted by the United States, but witness has be- come convinced that a uniform price is preferable, Wahefield Q.Qi\ Half the town of Adelaide was sold by auction, and the average price obtained by Government was 6Z. per acre, Wakefield 2660 If Government is 'to found a town, it ought lo get a premium for favourable portions, by auction, Wakefield 2662 Except in the case of towns and suburban lands, auction is contrary to the principle upon which the sale ot land is founded, viz. the obtaining a sufficient price to secure hired labour for the land, Wakefield o.Q&i, 2663- Inconveniences attending a system of auction, in addition to the objection in point of principle ; hardship on persons of experience and capital who have discovered good spots, at some expense, to be outbidden by others, Wakefield 2664-2669— In order to realize as large a fund as possible for the expenses of a new settlement, auction might be introduced, but with care that the labourers are not taxed too much by it, Wakefield '^.677-2681. See also Land Sales. Price of Land. 0=21. -~3 6] COLONIES. [g^outft Reports, 1841 — continued. Audit, Commissioners of. Letter from the Commissioners of Audit to the Lords of the Treasury, conveying their opinion as to the personal responsibility of the South Austra- lian Commissioners, App. p 51. Auditor-general. Instructions to the Auditor-general in South Australia, App. p. 236-238. Australasia, Bank of. The amount of their capital is about 800,000 1, or 1 ,000,000 /., the whole of which is paid up, Angus 558, 559 Half-yearly return of the average weekly amount of the liabilities and assets of the Bank of Australia, in the province of South Australia, from 15th October 1839, to 13th April, both inclusive, Ev. p. 185 ^The capital of the bank is employed at the different branches in such proportions as is found necessary, Brownrigg 2002-2005 The appropriation is left to the director-general, lb. 2010-2012 Total subscribed capital besides deposits, lb. 2007-2009 More capital might be profitably employed, lb. 2013 As far as witness is able to judge, a sufficient capital has been appropriated to South Australia, lb. 2014-2018. The head-quarters of the director-general are at Sydney, but it is his duty to go round occasionally, Brownrigg 2035 The directors have made no profit from the branch in South Australia, lb. 2049 Extract from a letter of the inspector of the Australasian Bank, expressing doubts as to the expediency of establishing a branch in South Australia^ lb. 2050, 2051 The success at Adelaide is not equal to that experienced at Sydney, Hobart Town, and Launceston, but is sufficient to encourage the directors to persevere, Jb. 2053-2055 A profit would now be yielded upon the capital but for the great blow to credit in the colony, lb. 2055 Expenses of the establishment ; rate of salaries com- pared with England, lb. 2056-2060. The directors were applied to by the Colonization Commissioners to grant a credit in favour of their commissioner at Adelaide, upon their guarantee, lb. 2070 Form of guarantee drawn by the Colonization Commissioners for South Australia, for the Australa- sian Bank when established at Adelaide, at the desire of the governor, lb. 2071 The bank is much upon the Scotch system, lb. 2119 It is bound by charter to furnish returns to Government, lb. 2120. See also Banks in South Australia. Bullion, Deposits. B. Backhouse, James. Extracts from the journal of James Backhouse, South Australia, on the state of the natives, Ev. p. 217, 218. Banks in South Australia. Banks in South Australia, and by whom managed, M' Shane 1546-1554 A bank was established on the arrival of the first detachment, Angas 364 The banking operations in the colony have been conducted on sound principles, and the paper issues have been in proportion to the capital, Angas 571-583. It is impossible to go into that minute and critical examination of a banking establishment in South Australia which it would admit of in this country, lb. 129^ ^The banking business has been conducted with a certain degree of looseness, which is not quite analo- gous to the practice in this country, but which is allowable in a new colony, Brownrigg 2020-2023 On account of the dishonour of the Governor's bills, there will be a neces- sity for the stoppage of the banks, as they cannot expose themselves to an issue of bullion to the extent of the demand in such a crisis, Angas 420. See also Australasia, Bank of. Bank of South Australia. Bank of England. (Negotiatons relative to a Loan.) The Bank of England were not satisfied with the Government guarantee ; Sir John Rae Reid said the Bank would be willing to lend the money if Government would pledge their responsibility to repay at a certain time, Torrens 236-240 The refusal of the Bank was conveyed by letter, with- out assigning reasons ; the grounds of their refusal were collected from a conversation with Sir J. R. Reid, lb. 246-253 The Treasury Minute and Lord John Russell's instructions were read to the Governor and Deputy-governor of the Bank by authority of the Chancellor of the Exchequer, lb. 257, 258, 266, 267 During the negotiation respecting the loan of 1 20,000 Z., it was understood the matter would be arranged, but some misunderstanding arose between the Chancellor of the Exchequer and the Bank as to the precise nature of the guarantee, lb. 259-261 The ground upon which the nego- tiation was broken off is not exactly known, lb. 263-265 Statement of the whole proceedings with respect to the proposed loan of 120,000 /., contained in a letter to Lord J. Russell, 6th January 1 841 , lb. 269 A communication was received from the Treasury after the failure of the negotiation with the Bank of England, stating that nothing further could be done, except to apply to Parliament without delay, lb. 270-273 When the commissioners did not succeed in obtaining a loan from the Bank, they reported their failure to the Secretary of State, lb. 232-235. Statement australia.] COLONIES. [7 Reports, 1841 — continued. JBank of England — continued. Statement of the communications that took place between witness, the South Austra- lian Commissioners, and the Bank of England, with reference to a loan which the Com- missioners were anxious to obtain. Chancellor of the Exchequer 331 The Commission- ers were recommended by witness first to apply privately to the Governor or Deputy- governor with respect to the loan ; private letter addressed by witness to the Governor, to be laid before the committee of the treasury of the Bank, stating the whole circumstances of the application, and the views and intentions of the Government; reply of Sir Henry Pelly, and subsequent explanations, lb. 331 — • — Official letter of the Commissioners to the Bank, 26th Nov. 1840, requesting temporary accommodation to the extent of 90,000 Z. in instalments, to be repaid when the loan which they were empowered by their Act to raise should be obtained, Ih. 332 ^The letter of the Commissioners to the Bank respecting the loan was corrected, so as to meet witness's views, leaving the nature of the guarantee on his part to be determined between himself and the Bank, lb. 333-336 Interview, in which witness declined to pledge himself, as desired by the Bank, to pro- pose a guarantee for a loan of 200,000 /., whatever might be the recommendation of a Select •Committee, lb. 337 The Commissioners' letter was forwarded to witness by the Bank, with a letter stating the willingness of the Bank to advance the money, provided the security oflFered were satisfactory; witness's reply thereto, lb. 237 Interviews and correspondence with the Bank as to the nature of the guarantee, and its dependence upon the decision of Parliament, lb. 338-341 Witness cannot understand that the Bank could have any real doubt as to repayment, lb. 343 The Bank desired witness to promise repayment by raising a loan of 200,000 I. ; but all that was requisite was a promise of repayment ; in what manner did not concern them, lb. 346 Witness was unwilling to be interfered with in the course he might recommend to Parliament by any pledge as to the precise mode of repaying the advances of the Bank, lb. 352-^ — Witness expected that the Bank would not have been unwilling to make the advance, and was very much surprised at their refusal, lb- 353. Witness was authorized by the South Australian Company to offer 50,000 I on deben- tures for six months, but was told by Colonel Torrens that an arrangement had been made with the Bank, Angus 440-445 After the refusal of the Bank, witness endea- voured again to get the 50,000 I. offered by the South Austrahan Company on deben- tures, but the parties had then invested their money, lb. 451-455- Bank of South Australia. Statement of the liabilities and assets of the Bank of South Australia in the province of South Australia on 30th September 1840, Ev. p. 155 The bank has been of great value to South Australia as a new colony, by being a secure place of deposit for the property of the colonists, having strong rooms and safety chests, Angasidgo Practiceof the bank with regard to discounts; their transactions with respect to the Emigration Fund, lb. 1693-1711 The transactions of the South Australian Company's Bank are Kept wholly distinct from the other transactions of the company, J5. y67 The Board of Directors of the South Austrahan Company intend to alter the whole constitution of the bank by separating it entirely from the land company, lb. 1827 Mode of managing it, lb. 1828-1833 Ii is unquestionable that the South Austrahan Company's bank has the confidence of the public there on account of its long estabhshment, Ibt 1843. See also Australasia, Bank of. Banhs in South Australia. Baring, F. Letter from F. Baring to J. Stephen, dated 7th October 1836, relative to the control of the Government over sums to be raised by the Colonization Commissioners, and proposed amendment of the Act, App. p. 67. Barossa Range. There is a tribe of aborigines at the Barossa E,ange, consisting of above 100 persons, Angas 2411. Barter. In consequence of the dishonour of the Governor's bills, there will be a cessation of all trade, except in the way of barter, Angas 420. Beef. In 1838 and 1839, the price of beef in the colony was 1 s. per pound. Fell 2860. Big Murray Tribe. The Big Murray Tribe, which is included within the colony, is the tribe which destroyed the crew of the Maria; they are a most ferocious set of men, with whom the colonists have not come much in contact, Angas 2414^ ^Their number is from 200 to 400 ; it is a tribe that is fast decreasing ; they are afflicted with the venereal disease in the most awful manner, lb. 2415 The Big Murray tribe is placed in cir- cumstances unfavourable to civilization, but, nevertheless, the missionaries are determined to make an attempt to reach them, lb. 241 6 ^The missionaries have arranged with Pastor Kavel, who is the German minister, to remove some of the German families into the interior, where they may have communication with these people, and to attempt the formation of a missionary village immediately adjoining the native district, lb. 2416. 0.21. zz^ 8] COLONIES. [^outH Reports, 1841 — continued. Bills dbawn by Colonel Gawler.- 1. Bilk drawn in 1840. 2. In 1841. 3. Total Amount necessary to meet them. 4. How far anticipated. 6. Consequences likely to ensue from the Discredit of the Bills. 6. Parties by whom held, and at what Period the Protested Bills would reach the Colony. 7. Papers laid before the Committee. 1. Bills drawn in 1840 : On the 14th April 1840, bills drawn by the Resident Commissioner had been accepted to an unusual amount, Torrens 75 Amount incurred by the chartering of 14 emigrant ships, and extraordinary amount of drafts presented for acceptance from the 1st of January to the end of June 1840, Ih. The first bill was refused acceptance on the loth September 1840; steps taken by witness to inspire confidence; communications with the Commissioners and with Government, Angas 423-427. 429, 430 Up to the 3d November 1840, no bill had actually been returned to the colony protested for non- payment, lb. 428 In August 1840, an apprehension arose that too many bills might he presented for acceptance, as Colonel Gawler said he could neither reduce his expen- diture nor increase his revenue, Elliot 630-633 The second bill drawn by the Governor for 3,000 /. was refused acceptance by the Commissioners in November last, Brownrigg 2071, 2072. 2. In 1841 : In January 1841, 40,000/. of bills drawn by Colonel Gawler had been refused accept- ance ; 20,000 Z. more are expected before he receives instructions not to draw, Torrens 104-109 -Date of the first bills refused by the Commissioners, lb. 256 —The first bills were refused acceptance within a week of the end of August 1840, Elliot 625. 3. Total Amount necessary to meet them : £. 120,000 would have covered all Colonel Gawler's bills, and would have left a surplus, Torrens 223, 224. 4. How far anticipated: The bills came without any explanation or notice, Torrens 206-209 Witness believed that Colonel Gawler had taken the right course in incurring an extraordinary expendi- ture, and that the Commissioners would be able to meet his bills, Angas 468, 469: In June 1840 anxiety existed in the colony lest Colonel Gawler's expenditure had been too great, and lest he should be unable to get his bills discounted, lb. 470-474. 5. Consequences likely to ensue from the Discredit of the Bills : The distress in the colony occasioned by the dishonour of the bills will be very urgent; danger of a famine, as they depend upon imported food, and have lost credit, Torrens 274, 275- A great shock would have been given to the colony previously to the non-accept- ance of the bills being known there, by the instructions received by Colonel Gawler in November to, stop drawing bills, and to suspend the public works, lb. 285 The evil arising from the dishonour of the bills, will increase, the longer the remedy is delayed, Angas 422 Very serious evil will arise in consequence of the non-acceptance of the Governor's bills, lb. 419 Nearly all mischief would still be prevented if intelligence could be sent out that Government have afforded the means of paying the Governor's bills, lb. 475-477. 6. Parties by whom held, and at what Period the Protested Bills would reach the Colony : The discredit would commence four months after the sailing of the ships, probably about Christmas, taking out the first protested bill, Torrens 276-284 Very few pro- tested bills have yet been returned to the colony, but the holders of them have nearly lost patience, and dread the responsibility of holding them any longer, Angas 478-502 . It is probable that the great majority of the holders of protested bills have not returned them to the colony, considering that they have a strong claim upon the Govern- ment, Elliot 739 The consequences of returning bills would be very injurious, and the holders appear now to have a chance of some decision in their favour, lb. 740»-742 There is a disposition amongst the holders of bills to wait longer, in expectation of the matter being concluded, Angas 749-751 The company hold some of the pro- tested bills; the return of them to the colony would injure the company by reason of the distress that would be occasioned, Wheeler 801-804. The bills have been protested, to comply with the law, but they have been retained, and attested copies sent to Australia, Wheeler 805 The company held protested bills to the amount of 2,500/. Jb. 808-809 If nothing is done shortly, the company will have no alternative but to return the bills and come upon the indorsers, ft. 810-812 — The company's indorsement is not to be found upon any of the Governor's bills except those they attstralia.] COLONIES. [g Reports, 1841 — continued. Bills drawn by Colonel G.4Trx,Efi— continued. 6. Parties by whom held, Sfc. — continued. they hold themselves, Angas 1711 ^The bills are still retained in this country on account of the strong expectation that they would be paid, and from a belief that it would be quite useless to return them, Brownrigg 2073, 2074 None of the merchandize imported from England has been paid for in Government bills, Angas 1755-1 '760 Many of the parties from New South Wales who had brought over stock to the colony, have sold the stock for cash, and with that cash they must have purchased the Governor's bills, Angus 1 755 All the bills discounted at Adelaide have been punctually paid except those of the Governor, which have been all dishonoured, Brownrigg 2 066-2068. 7. Papers laid before the Committee : Statement of all bills of exchange drawn by the authority of Colonel Gawler since his arrival in the colony, and' which have been either signed or countersigned by himself, App. p. 172—177 Bills accepted and paid at maturity; by whom drawn; date of the bill ; when presented ; when due; amount, App, p.iy^-i'j'j- Statement of bills drawn fromthe colony each three months, from January 1 836 to September 1840, App. p. 192 Bills drawn from South Australia which have been presented in the months from January 1 840 to February 1 841 , both inclusive, App. p. 1 92 Extract^of a despatch from Colonel Gawler to the Secretary of the Colonization Commissioners for South Australia, dated 18th July 1839, referring to certain bills which he had advised, App. p. 251. Extract of a despatch from Colonel Gawler to the Chairman of the Colonization Com- missioners, dated Adelaide, 30th February 1840, respecting the aid to the sale of the colonial treasury's bills, consented to be given by the manager and cashier of the Bank of South Australia, in consideration of a commission of 10s. per looL, App. p. 260 Letter from the Colonization Commissioners to Colonel Gawler, dated 8 July 1840, respecting their proceedings with regard-to the bills drawn by him, App. p. 260, 261 Letter from the Colonization Commissioners to Colonel Gawler respecting the information in letters of advice upon bills drawn by him, App.p^ 261, 262— — Letter from the Colo- nization Commissioners to Colonel Gawler, dated 14th September 1840, stating their reasons for having for the last fortnight refused acceptance of all bills whatever, App. p. 262. Letter from Colonel Gawler to Robert Torrens, dated Adelaide, 4 April 1840, respecting the method of drawing bills upon the Colonization Commissioners, App. p. 263 Let- ter from the Colonization Commissioners to Colonel Gawler, complaining of his having leftj in consequence of his departure for Port Lincoln, power with the treasurer to draw bills to the amount of 20,000/., App. p- 264 Bills drawn in the colony each three months, being in completion of Statement No. 2, delivered in by Mr. Elliot, on 5 March 1841, App. p. 331. Boarding-houses (Aclelaide). In 1839 single men in a boarding-house had their board and lodging for iZ. 55. per week, M'Shane 1411. Boundaries of South Justralia. It would not be necessary to extend the boundary in order to raise the resources of the colony, Angas 550 Witness's objections to any extension of the boundaries of South Australia; authorities cited to show the immense extent and fertility of the country already comprised within its limits, Elliot 731-736. Bread. In 1838 bread, very bad, was 6c?. per lb. in the colony, made from damaged flour. Driver 2491 . Brownrigg, John Studholme, Esq. m.p. (Analysis of his Evidence.)— A director of the Chartered Bank of Australasia, which has a branch in South Australia, 1992, 1993-^ The returns made in this country only show the general state of assets and habililies; ■ the colonial returns give the details of each branch to the local government, 1994-1998 Last half-yearly return of assets and liabilities of the branch at Adelaide, 2000 The capital of the bank is employed at the different branches in such proportions as are found necessary, 2002-2005 The several branches enumerated, 2006 Total sub, scribed capital beside deposits, 2007-2009— —The appropriation of the capital at dif- ferent branches is left to the director-general, and there is also a local duection ot - merchants at each branch, 2010-2012 A great deal more capital might be profitably employed, 2013. . , , , ■ j ■ As far as witness is able 10 judge, a sufficient capital has been appropriated to the use of South Australia, 2014-2018 The inciease of banking business there has been very gradual, 2019 The business has been cuiiducted with a certain de-ree ot loose- ness which would not be permitted in this country, but which is allowable in a new colony 2020-2022 This is more the case in South Australia than in older colonies, „pooll_ln London it is not thought safe to discount paper beyond 90 days ; it is not fouiid practicable to adhere strictly to this rule, even at Sydney. 2024-2026-— When the local directors deviate irom it, they are regulated by their knowledge ol individuals, 2027. About two-thirds of the discounts at Adelaide are for 90 days, the remainder for six months, which is rarely exceeded, 2028-2030 In London there are deviations from the practice of discounting only for three months, but they are more frequent and open 0.21. 0« io] COLONIES. [J&outi^ rrjBEEEwaniCii Reports, 1841 — continued. Brownrigg, John Studholme, Esq. m. p, (Analysis of his Evidence) — continued. in South Australia, 2031-2034 The head quarters of ihe director-general are at Sydney, but it is his duty to go round occasionally, 2Q35 The prohibition in the charier from makina; advances on land is beneficial both to the bank and to the colony^ 2036-3038 It would be the height of imprudence in a bank to lock up ils funds in landed securities, 2039, 2040 It may be desirable for land-owners to raise money on mortgage, but to a bank such securit\' is most unsatisfactory, 2041 If banks were to make advances upon such security they would encourage land-jobbing, which is per- nicious to the colony, 204.2-2044. Bills are discounted according to the credit of the names upon them, without reference to the transactions they may represent, 2046, 2047 ^'^^ directors have made no profit from the branch in South Austraha, 2049 Extract from a letter of the inspector of the Australasian Bank, expressing doubts as to the expediency of establishing a branch in South Australia, 2050,2051 In 1839, *he expenses exceeded the profits by one-half; last year, the profits paid all the expenses, and nearly equalled the deficiency of the preceding year, 2051, 2052 The success at Adelaide is not equal to that expe- rienced at Sydney, Hobart Town, and Launceston, but is sufficient to encourage the directors to persevere, 2053-2055 A profit would now be yielded upon the capital but for the great blow to credit in the colony, 2055. The whole expense of the establishment at Adelaide, including house-rent, is about i,50oZ., 2056,2057 The rate of salaries is high, as compared with England, 2058, 2059 Salaries and expenses in proportion to the establishmevit at South Australia have been allowed, 2060 It has been apprehended lately that there has been over trading in the colony, 2061 The exchange operations between the colonies generally and England, and between the colonies themselves, in which the bank has been con- cerned, show that capital in South Australia has increased very much ; facts upon which this opinion is founded, 2062 These 'operations have not arisen out of commercial transactions, but have been the transfer of property, 2063, 2064 Very little capital has come to South Australia from other colonies, with a view to a permanent invest- ment, 2065. All the bills discounted at Adelaide have been punctually paid, except those of the Governor, which have all been dishonoured, 2066-2068 The directors were applied to by the Colonization Commissioners to grant a credit in favour of their commissioner at Adelaide,, upon their guarantee, 2070 Form of the guarantee ; the credit was transferred to the Adelaide branch when established, at the desire of the Governor, 2071 — — The second bill drawn by him, for 3,000/., was refused acceptance by the commis- sioners in November last, 2071,2072 The bills are still retained in this country, on account of the strong expectation that they would be paid, and from a belief that it would be quite useless to return them, 2073, 2074 Ten per cent, per annum is the rate of discount on three months' bills, and 12 per cent, on bills of longer date, with a view to discourage the latter, 2075-2083. The bank issues no promissory notes lower than 1 1., 2084-2089 — '■ — Small quantity of notes issued, in proportion to the circulation, in all the Austrahan colonies ; no pains are taken either to increase or limit the issue, 2090-2098 It is a wholesome regula- tion that no notes should be issued below 1/., 2099-2101 The amount of notes in circulation at Adelaide has hardly increased in proportion to the discounts, 2102 Amount of deposits ; classes into which they may be divided, and rate of interest allowed on each class, 2103-2108 Charges upon overdrawn accounts, 2109-2111 The general rule is to maintain i'roni one-third to one-fourth of the whole paper circulation and liabilities of the bank in the precious metals, 2112 2116 Exchange operations form a legitimate business for colonial banks, 2117, 2118 The bank is much upon the Scotch system, 2119 it is bound by charter to furnish returns to Government, 2120. Bullion. The general rule of the Australasian bank is to maintain from one third to one- fourth of the whole paper circulation and liabilities of the bank in the precious metals, Brownrigg 2112-2116. Burials. The aborigines have a practice similar to the Jews, which is loud lamentations over the dead, Angus 2417. Butchers' Meat (South Australia). Butchers' meat was as low as 6d. or 7«Z. a pound, Angas i^i^. Canada. The cost of clearing land in Canada is from 4/. to 5 1, per acre, Whitmore 906. Capital in South Australia. Statistics of South Australia drawn up by Mr. Angas, showing M capital of 2,506,840! in the colony, produced in order to prove the power of repaying advances Whitmore 900, 901 Necessity of having capital at the first establishment of a colo'ny ; success of South Australia mainly attributable to the South Australian Company austraXf a.] COLONIES. [n Reports, 1841— continued. Capital in South Australia — continued. Company and their admirable management, Whitmore 907, 908 There are several settlers having considerable capital, M'Shane 1603-1609 The introduction of capital in the colonv has created a demand for a still fmther supply, Angus 1771-1773 A large proportion of capital, though it will turn to a good result in the end, has been from necessity injudiciously applied, Aiigas 1780-1790, 1791 The capabilities of the pro- vince are immense, but capital must come to bring them into effect, Angas 1884 The exchange operations between the colonies generally and England, and between the colo- nies themselves, in which the Bank has been concerned, show that capital in South Aus- tralia has increased ; facts upon which this opinion is founded, Brownrigg 2062 Transactrons out of which these operations have arisen, Broionrigg 2063, 2064. Very little capital has come to South Australia from other colonies with a view to a perma- nent investment, Brownrigg 2065. Carpenters. In 1839, many found ready employment upon their arrival in the colony, at 12 s., 14 s., or 15s, a day, M'Shane 1408, 1409. Cattle. In England there is one ox or animal to three persons, in South Australia there is one to each person, Angas 1777. Chancellor of the Exchequer, Right hon. The. (Analysis of his Evidence.)— Statement of the communications that took place between witness, the South Austrahan Commis- sioners, and the Bank of England, with reference to a loan which the commissioners were anxious to obtain ; the commissioners were recommended by him to apply first privately to the governor or deputy-governor ; private letter addressed by witness to the governor, to be laid before the Committee of the treasury of the Bank, stating the whole circumstances of the application and the views and intentions of the Govern- ment ; reply of Mr. Pelly, and subsequent explanations, 331. OflBcial letter of the commissioners to the Bank, 26th November, requesting tempo- rary accommodation to the extent of 90,000 /. in instalments, to be repaid when the loan which they were empowered by their Act to raise should be obtained, 332 This letter was corrected so as to meet witness's views, leaving the nature of the guarantee on his part to be determined between himself and the Bank, 333-336 It was forwarded to witness by the Bank, with a letter, stating the willingness of the Bank to advance the money, provided the security offered were satisfactory; witness's reply thereto, staling that Government would feel themselves bound to recommend, in Parliament, a provision for the early repayment of the advances made by the Bank; interview in which witness •declined to pledge himself, as desired by the Bank, to propose a guarantee for a loan of 200,000/., whatever might be tlie recommendation of a Select Committee, 337 Sub- sequent interviews, and correspondence with the Bank as to the nature of th€ guarantee, and its dependence upon the decision of Parliament, 338-341. Witness did not shrink from the responsibility of recommending repayment by the appointment of a Committee, but thought that the best mode of considering the question in Parliament, 342-346 The Bank desired a guarantee of a loan of 200,000/., but all that was required was a promise of repayment ; in what manner did not concern them, 346 ^The intervention of a Parliamentary Committee could not affect, one way or the other, the obligation which the Government would have undertaken, 347> 348. Witness had no part in any transactions previous to the application of the commis sioners to him, 350, 351 Witness was unwilling to be interfered with in the course he might recommend to Parliament, by any pledge as to the precise mode of repaying the advances of the Bank, 352 -He expected that the Bank would not have been unwilling to make the advance, and was very much surprised at their refusal, 353 The Government would not have been pledged to any particular course if the commis- sioners had found persons willing to advance the money in the first instance, 354 A Committee might not have been satisfied with the expediency of having made an advance, but could not have recommended that public faith should be broken, 356. Charter of Incorporation. A charter of incorporation to a company with a paid-up capital would have obviated all financial difficulties, iTM« 1188 Letter from R. Torrens to Lord Goderich, dated 9 July 1832, submitting draft of the proposed charter for the incorporation of the South Austrahan Company, App. p. 3-16 Draft of a proposed charter for the South Australian Commission, submitted by the provisional committee to the Right hon. E. G. Stanley, App. p. 26-33. See also Foundation of the Colony, Churches (Adelaide). Places of worship in Adelaide enumerated, M'Shane 1630-1635. Circumcision. The aborigines practise circumcision ; it is usually at the age of puberty ; this rite is performed in a very solemn and superstitious manner; the youth is seized unaware and blinded before ihey proceed with their mystic evolutions ; it is an initiative rite ; afterwards the youths may eat opossum anil kangaroo's flesh, and join in their councils of war, Angas 2417. 0.21. 302 Civil 12] COLONIES. [S^mtb Reports, 1841— cowft'wwed. Civil Establishment of South Australia. Returns of the civil establishment of South Aus- tralia, distributed under the head of fixed salaries and contingencies, distinguishing police, marine, and miscellatieous expenses, on the scale of the last quarter of 1839, Ev. p. 131 Captain Grey is to report upon reductions of the establishment j the ordinary current expenses are 70,000 L a year, the revenue 30,000 /. ; the deficit is to be proiided for, Elliot 1316, 1317. Schedule of the proposed civil establishment, contained in letter from R. Torrens to Lord Glenelg, dated 14 March 1835, -^PP' P- 55 '^^^ '"''^'^ establishment in South Australia; office; salary and charges authorized; salary and charges actually paid ; revenue; emigration; remarks; App.p. 147,148, See also Establishment, Clearing Land. A higher price than ] I. per acre might be taken, as the land is already cleared ; cost of clearing land in Kangaroo Island, New Zealand and Canada, Whitmore 906. Climate of South Anstralia. The climate is upon the whole salubrious; there was nop epidemic disease or malaria, and the people had good health, M'Shane 1419, 1420 In summer the temperature ranges from 70 to 105, and in winter is rarely under 40 or go, M'Shane 1421-1426. Clothing. The clothing used in the colony is all imported from England, M'Shane 1610- 1612 Prices in South Australia, App.p. 246. Colonial Treasurer. Instructions to the colonial treasurer of South Australia in regard to the receipt and expenditure of the public money, Jpp.p. 234, 235. Colonies. Abstract or description of certain powers granted by the Government of Eng- land to individuals or bodies corporate, for the foundation and government of colonies, Jpp. p. 23. Commerce of the Colony. There are very large mercantile transactions, a very extensive coasting trade, and a considerable foreign trade, Angat 1733-; — Number of vessels which had arrived from the neighbouring colonies since the establishment of the colony, and tonnage, Angus 1733. See also Adelaide Harbour. Colonization Commissioners, Board of. If the lands and emigration of the commission were managed by the Board of Colonization Commissioners, it would cost very little, Elliot 670-672 :A distinct colonization Board for each colony would be preferable to one general Board for all colonies ; the commissioners should be removable by the Colonial- office, ^m^M 1 7 1 -l 1 84. CoUon, William. Letter from, and from Charles T. Hewitt, dated Onkaparingo, South AustraHa, 2d Sept. 1 840, giving a statement of facts experienced, by tliem since their arrival in the colony, 1 9th Ijecember 1 839, Ev. p. 46, 47. Colonial Administration. There can be no doubt of the inexpediency of founding a colony upon precisely the same arrangements as those adopted in the case of South Australia, Hill 2278. Commissioners for South Australia: 1. Qenerally. 2. Papers laid before the Committee. 1. Generallyr. Remarks of the Committee upon their constitution and powers; errors in the Act, &c.. Hep. p. iv-vi. In ordinary cases the commissioners have no business to apply to Government for advice, but are bound to take the whole responsibility, Elliot 627-629 The report of the first commissioners, dated January 1840, was not actually signed till July 1840, Torrens, 165-172 — —The overdrawing was done by officers under the authority of the first commission, who cannot, however, be responsible as regards measures which would ' have been taken if the fact had been known in this country, Torrens 172-175 ^The former commission possessed in a great degree the- public confidence, Hutt 102'8^— — Some of the members of tlie former commission had great commercial wdght,. which gave facilities to their pecuniary operations, Hutt 1029, 1030. Each of the commissioners was required by Lord Glenelg to serve gratuitously, and to give six months' notice before they relinquished office, Palmer 1283 Amateur and dillelante nature of the commission; they were not bound to attend to their duties, Wakefield 2571— —Some of the commissioners purchased land ; discoui-agemeht of the practice by the Colonial-office; retirement of Mr. Angas, Torrens 3075-3084. 3096- 3116. Grounds upon which witness thought it necessary to draw up a separate letter to the Colonial Secretary, 17th September 1840, slating his own peculiar views, TorrenJ 695- cQfj— Reasons which induced witness to dissent from a draft letter, of the 26th August 1840, on the state of the colony, £//iof ] 362-1364 Letter which was agreed to by all austtraUa.] COLONIES. [13 Reports, 1841 — continued. CoMStlSSIONERS FOR SOVTH AUSTRALIA— continued. 1. Generally — continued. all the commissioners, Elliot 1365, 1366 On the 8th January 1840, a draft of a letter was read by Mr. Montefiore, eicpressly recognizing witness's former letter of the gth December 1839, to Lord J. Russell, as the letter from the commissioners, Torrens, 1887 Copy of the final letter sent bv the commissioners to Lord John Russell, Ev. p. 175, 176. 2. Papers laid before the Committee : Letter from Colonel Torrens to Lord Aberdeen, dated 13 February 1835, submitting a list of the commission for approval, App. p. 49 Letter from George Palmer, dated 6 July 1835, signifying his wish that his son's name should be inserted in the commission instead of his own, App. p. 49 Letter from R. W. Hay to R-. Torrens, dated 16 February 1835; question as to the responsibility of the commissioners, App. p. 49 -Letter from R. Torrens to R. W. Hay, dated 2 March 1835, with Mr. Fresh- field's opinion as to the personal responsibility of the commissioners, App, p. 50 Letter from R. W. Hay to Hon. J. Stewart, dated 7 March 1835, transmitting copies of two letters relative to the personal responfsibility of the commissioners, for the considera- tion of the Lords of the Treasury, App. p. 51 Letter from Hon. J. Stewart to R. W. Hay, dated 4 April 1835, conveying the opinion of the Lords of the Treasury, and of Commissioners of Audit, as to the personal responsibility of the South Australian Cotn- missioners, App. p. 51. Letter from Mr. Secretary Grant to Colonel Torrens, dated 27 April 1835, approving the gentlemen named as the Colonization Commissioners, App. p. 52 Correspondence between the commissioners and the Colonial Office respecting the dissolution of the original commission, App. p. 81 Letter from Lord John Russell to the Colonization Commissioners, dated 23 December 1839, dissolving the commission and forming of a Eoard of three salaried commissioners for general purposes of land sales and emigration, App. p. 83. Committals in South Australia. In 1839 the proportion of committals to the whole adult population was small, M' Shane 1576. Committee of the South Australian Association. Letter from the Committee of the South AustraHan Association to the Right Hon. T. Spring Rice, dated 4 June 1834, urging upon him the necessity of Government speedily sanctioning the company's propositions, App. p. SS, 39. Convicts. Persons who have come as a speculation from New South Wales have brought convicts with therii, M'Shdrie 156 5*-^-^ There are no means of excluding convicts or of apprehending them, except for crimes, or on a warrant from a magistrate in Sew South Wales, endorsed by a magistrate of South Australia, M' Shane 1577-1584 See also Police Establishment. Convict Labour. New South Wales and Van Diemen's Land have derived great benefits from convict labour, Wakefield 2963-2972.- — Critical state of New South Wales caused by withdrawal of convict labour and the insufficient supply of free labour by emigration, Wakefield 3022-3029. Copper Mines. They had commenced working a mine on the Barossa Range, Angas 1738. Corn Grown in the Colony. The Company have received specimens of grain of very superior quality, ^wgfls 402 — —The growth of grain would be sufficient for a sixth or perhaps a fourth of the population, Afigas 407 Some accounts state that 60,000 bushels were expected from the last harvest, which would be 12 months' consumption, 4neas 408-410- It is expected that 6o,ooO bushels of wheat will be grown this year, or about half the supply of the colotiy, Hutt 1139-1145^ Hitherto the colony has been obliged to import largely for its own consumption, -4ngfls 41 1-414 In 1839 the colony did not grow sufficient corn for its own subsistence, M'Shane 1388-— Witness expects the colony next year to produce enough for the whole consumption, J.«gas 415 ——There is a great export of wheat from Van Diemen's Land to South Australia, Mann 2167-2170. The wheat and barley grown is of very good character, Wheeler 797-799" — Propor- tion of corn' grown in South Austraha compared with England, ^Mgfl«i77o>i 779 Forty bushel! per acre grown in South Aust.alia is a very fair proportion, Jngasim .^The only crop of wheat witness saw was about two acres, and so ttiin that 11 was mowed with a scythe and raked up by a labourer ; it was said to be some of the best land in the colony, Mann 2174. 2183-2186. Counsels' Opinion. Opinion of the Attorney and Solicitor General on a case submitted to them as fo the control of Government over sums to be raised by the Colomzaiion Com- missioners under 4 & 5 Will. 4, c. 95, Jpp.p. 66. Q /7 o Crime 0.21. o " o 14] COLONIES. [Skoutff Reports, 1841 — continued. Clime in the Colony. A large proportion of the persons charged with offences iti South Australia are either runaway convicts or time-expired men, Elliot 702-704. See also Committals. Police Establishment. Cultivation of the Soil. Until last harvest there was but little cultivation, Torrens 302 The land under cultivation was about 2,000 acres, but will be much increased in the present year, Wheeler 791 The South Australian Company have entered into an agreement with one paity to lease 2,000 acres for tillage at 4s. 6d. an acre, with a power of redemption within seven ye.irs, at 3^. 10 s. an acre, Wheeler 792-796 The com- pany have advanced money to the farmers they have sent out, as an inducement to them to cultivate ; the manager has exceeded the amount stipYilated, Wheeler 796 ^The extent of enclosed and farming land is caused by the encouragement given to the farmers and by the good crops, Wheeler 800 One section was under cultivation when witness was in the colony, and the wheat and potatoes were up and looked promising. Trimmer 1219-1222 The land under cultivation in 1839 ^^^ laid down in the usual manner for wheat, barley, and oats, and some potatoes, M'Shane 1384— — There is not much land in cultivation at a distance from Adelaide, M'Shane 1393-1397. Currency. Payments were made in specie and paper ; both were of equal value, and easily convertible, M'Shane 1479-1495. Customs Revenue of the Colony. Probability of increased customs revenue, Elliot 1357- 1361. Customs and Wharfage Dues. Return of the amount of revenue raised from the customs and wharfege diies in South Australia from 1st January to 30th June 1839, Ev. p. 179 Similar return from 1st Jidy to 31st December 1839, Efo. p. 179, 180. D. Debt of the Colony: 1. Generally. 2. Papers laid before the Committee. 1. Generally : Remarks of the committee upon the debt and resources of the colony, Ii,ep. p. x Resolution thereon. Rep. p. xxi. Amount of the whole colonial debt contracted by the commissioners on 1st January 1840, Torrens 47 The payment of the debt with interest could be effected by taxation of the colony if one-fourth of the emigration fund were applied to public improvements, jingas ,'532-546 Amount of the debt of the commissioners to people in England, who have either supplied them with goods or performed services, Elliot 611 A debt was contemplated in the case of South Australia, but only on the security of its own re- venues, WMjnore. 832-835 The colony will be able to pay the interest of its debt, and to pay off the debt by instalments, provided the control of the expenditure is placed in the hands of the colonists themselves, Rundle 1951. 2. Papers laid before the Committee : Statement showing the debts chargeable upon the revenues of the colony, which would be due in England on the 1st May 1841, upon the assumptions contained in the Return of Ways and Means for the year 1840, marked (A.), required by Colonel Torrens, and providing also for the bills which have been estimated in the returns made to the House of Commons, App.p. 267 Statement showing the debt chargeable upon the revenues of the colony, which would be due in England on the 1st May 1841, "Assuming the Expenditure as per ' Ways and Means ' tor 1840, marked (A.), and that the Loan of 155,000/. is received from the Government, instead of the Loan of 120,000 Z., as fissunaed in that Statement," and providing also for the bills which have been estimated in the returns made to the House of Commons, App.p. 275. Depasturing of Cattle. Mode of inspecting the interests of persons having licenses, in the sale of lands, suggested, Rep. p. xv. xxiv. A fund might easily be obtained by a payment per head for the depasturing of cattle and sheep, which is now arranged by a payment per square mile, but from which nothing has hitherto been received, Whit- more 836. Peposits (Bank of Australia). Amount of deposits ; classes into which they may be divided, and rate of interest allowed upon each class, Brownrigg 2103-2108. Discounts. Bills before discount are carefully considered by the South Australian Bank, and accommodation bills for land or otherwise, of an objectionable nature, are care fully excluded, Angas 1684 In London it is not thought safe to discount paper; it is not found practicable to adhere to this rule even at Sydney, Brownrigg 2024-2026 When the local directors of the Australian Bank deviate from it, they are regulated by their knowledge of individuals, Brownrigg ^o^"] About two-thirds of the discounts at Adelaide are for 90 days, the remainder for six months, which is rarely exceeded, Brownrigg 2028-2030 Ln London, there are deviations from the practice of discount- ing australia.] COLONIES. [15 Reports, 1841 — continued. ■Discounts — continued . ing only for three months, but they are more frequent in South Australia, Brownrigg 2031-2034 -Bills are discounted according to the credit of the names upon them, without reference to the transaction they may represent, Brownrigg 2046, 2047 '^^^ Pf'l *^^"'- per annum is the rate of discount on three months' bills, and 12 per cent, on bills 01 longer date, with a view to discourage the latter, Brownrigg 2075-2083. -Uiseases iti the Colony. Diarrhoea and dysentery are the most prevalent diseases, M'Shane 1427 Some of the emigrants are attacked with diarrhoea and dysentery on arriving, chiefly on account of errors jn diet; from July to December there is least disease among them, M^Shane 1429-1433 There is more disease at the beginning than at the end of summer, M'Shane 1440. See also Climate of South Australia. Driver, Thomas. (Analysis of his Evidence.)— Master in the Royal Navy; visited South Australia 1838, as commander of a ship called the Emerald Isle, 500 tons burden, and a draft of 15 feet of water, from Calcutta, bound to Swan River, Adelaide, Hobart Town, and Sydney, 2448-2453 Difficulty in finding and entering the harbour of Adelaide; there is. a sand-bar across the whole mouth of the harbour, 2454—2474 The anchorage at the mouth of Adelaide Harbour is not safe between the months of March and Octo- ber, being the winter months, 2475-2481 Difficulties experienced by witness in dis- charging his cargo, 2482-2485. Condition of the town of Adelaide ; house-rent was exorbitantly high, 2486-52490 Prices of various kinds of provisions, 2491, 2492 Difficulty experienced by witness in watering his ship on leaving the colony, 2493-2496- 254^^-2549 Adelaide is incon- veniently situated as a commercial port, 2498 There are no facilities for making a good port at the mouth of the harbour without a very heavy expense, 2499-2503 Name, number, tonnage, and draft of water of vessels in the harbour at the same time wiih witness; number of ships that would lie in the harbour at a time, 2504-2517 Depth of water over the bar ; rise and fall of the tide, 2518 2524 Number of hours witness's vessel was aground, 2525 A ship that has delivered her cargo cannot get out of the harbour if there is a ship wailing astern of her to deliver its cargo, 2526- 2532- Witness has not claimed his grant of land in Van Diemen's Land or New South Wales, to which he is entitled as an officer in the navy, 2533-2535 Holdfast Bay is not a good roadstead, 2536-2538 The commanders ol the other vessels were interested ; they had all bought liincl in the colony, 2539, 2540 Munner in which witness got his " vessel out of thebarbour, 2541-2543 Manner of warping into the creek; breadth of the creek; depth of water in the centre ; there was no room for a ship to swing, 2550-2558. E. Education in the Colony. Number of schools at Adelaide, and their description, M'Shane 1454-1460 In 1839 there were four or five day-schools in Adelaide, and seveial schools for young ladies besides, and a school for the natives, M'Shane 1454^1460— — Report of the School Society at Adelaide; second and third heads of the plan, stating the principles upon which the schools have been established, Ev. p. 173. Eggs. In 1838 eggs were sold at 8d a-piece in the colony. Driver 2491. Electoral System. Recommended under certain restrictions, Rep. p. x. xx. Elliot, T. Frederick. (Analysis of his Evidence.)— One of the Colonization Commissioners for South Austraha since January 1840, 606-608 Puts in a statement in detail of their assets and liabilities, signed by the accountant, 609, 610 With 210,000 Z. ihey would be able to fulfil all existing liabilities and carry on the aflFairs of the colony on its old principles, 611-613— A loan was not raised in the early part of the year, because it was not wanted, as the commissioneis had a surplus arising from the emigration fund, 615-617 Until August they always had money to meet the claims of the ensuing month, 618 Emigration was always carried on as fast as was good for the colony, and only the surplus of the fund applied to revenue purposes, until the colony became insolvent, 620-623 A loan of 60,000/. or 120,000 /. in June last would have been quite insufficient to avert the embarrassments, 623, 624. In June the affairs of the colony became critical, and the commissioners thought it right to ask the advice of Government before they advertised for a loan, 626 -In ordinary cases the commissioners have no business to apply to Government for advice, but are bound 10 take the whole responsibility, 627-629 In August an apprehension arose that too many bills might be presented for acceptance, as Colonel Gawler said he could neither reduce his expenditure nor increase his revenue, 630-633 -Iheioan was not delayed too laie to obtain it, but to the time at which it would not have been honest to take it, as the real state of the finances was then known, 634-637— —^ loan of 120000/. early last year would not have prevented the uisoiveiitiy ot the colony 638-641 If they could have raised the money in July, they would have replenished the emisration fund before they paid their debts in this country, 642. No emigrant ship has sailed since July, 643, 644 F^'^-'n November to January 0.21. o " i i6]; COLONIES, is^mi) Reports, 1 84 1 — continued. Elliot, T. Frederick. (Analysis of his Evidence) — continued. inclusive it is better not to send a large number of emigrant^ fropi the Channel, 646" 648 Statements of the revenue in different quarters of 1839 and 1840, showing a progressive increase, 651-660 Complaints of Colonel Gavyler as to the imperfection and disorder of the accounts of expenditure in the colony, 661 Details of expendi- ture ; salaries to public officers ; survey department, 663, 664' Proprie;ty of charging the expense of the survey department upon the land revenues; to do thi? an Act of Parliament would be necessary, 664, 665 Salaries could not be reduced, but should rather be increased ; some officers are very much underpaid; the judge receives only 500 1, a year, 665-668. Half the expense of the establishment at home has been charged upon the colonial revenue, except clerks employed on emigration, 670 If the lands and emigration of the commission were managed by the Board of Colonization Commissioners, it would cost very little, 670-672 The permanent surveying staff might be maintained at an expense of 3,000?. a year, exclusive of labour; this estimate confirmed by that of Captain Dawson, with reference to New Zealand, 673-681 A strong police force is necessary, and theiy are obliged to be mounted for the border stations; there are run- away convicts and disorderly sailors to protect the settlers from, 682-684 The police should be paid by some direct taxation, and the colonists would then keep just the force that was found necessary, 687 A considerable charge may still have to be incurred in public buildings ; the state in which many are which have been commenced is still unknown, 688-693. Colonel Gawler has spent money upon roads ; but these should be made and sup- ported by local assessments, or by contributions of labour, 694-697 Such a charge upon the revenue is quite unnecessary; in every colony the residents along the line ought to make the road, 698; -If troops were sent to the colony, the police force would be equally required ; it is found necessary in New South Wales, 700, 701 A large proportion of the persons charged with offences in South Australia are either riinaway convicts or time-expired men, 702-704 Distinction drawn by Colonel Gawler between expenses which may be considered in the light of outfit, and such as are of an ordinary character, 705, 706 He was justified in departing in some degree from his instructions, but ought to have striven to keep within them, 706 The ex- penses of the Government-house and public offices were authorized, 707 The expendi- ture for stores may have been superfluous ; there has certainly been great extravagance in the colony, 711-713 Captain Grey's salary is to be 1,00a/. a year, 714. How far the revenue is likely to be injuriously affected by the curtailment of the government expenditure, 719 The interest upon the present debt of the colony or upon the proposed loan would be 16,000/. a year, 720, 721 The security of the colo- nial revenue would be very deficient even to provide for, th^,, payment of tbep.tere^t, of ' the debt, 722, 723^ The amount of the land fund will depend upon the general corj- dition of the colony ; a diminution of it would, reduce the, means of increasing the pppu- lalion, 724, 725 -To stop emigration would destroy the country, but it may be a question whether one-half the land revenue might not he applied to the debt, 726, 727 Prospects of an increased revenue, 728-730. Witness's objections to any extension of the boundaries of South Australia; authori- ties cited to show the immense extent and fertility of the country already comprised within its limits, 731-736 The land sales will not stop for want of sufficient good land, 737, 738- It is probable that the great majority of the holders of proliesteii, bills have not returned them to the colony, considering that they have a strojig claim upon the Government, 739 — '■ — The consequences of returning bills woifld be very injurious, and the holders appear now to have a chance of some decision in. their favour, 740- 742. (Second Examination.) — Delivers in various statistical papers concerning the colony, 912-916 Statement of the surplus of assets in the hands of the commissioners, in each month of last year to July, 917-919 The commissioners would not have thought it wise to put the colony to a heavy expense for interest while they retained a large surplus in hand, 920,. 921 Estimate of the revenue of South Australia as com- pared with the population ; amount of taxation per head there, and in Van Diemen's Land, New South Wales, and Western Australia, 923-927 -Some of the settlers are believed to have emigrated to New Zealand, and other colonies, 928-935. Examination of the various items of Colonel Gawler's expenditure ; charge foi; police as compared with !New South Wales and Van Diemen's Land, 936-952. The several items added together, amount to 52,000 /. per annum, 952-957 This expenditure compared with that of Van Diemen's Land, New South Wales and Western Australia, 958-963 Public buildings still remaining to be constructed, and probable expense, 964, 965 The general revenue ought not to provide for ordinary roads, but ihere may be ro^ds which Government ought to assist in cotistriictiiig, 965, 966. Soutb australiaj COLONIES. [^7 Reports, 1841 — continued. Elliot, T. Frederick. (Analysis of his Evidence) — continued. South Australia has been the only colony founded, governed, and protected without any charge to the mother country, 967-970 To the gross amount of expenditure must be added 16,000 I. a year, as interest of the debt, 971-974 By the third clause of the second South Australian Act, the commissioners are bound at the end of the year not to have a larger debt due to the Emigration Fund than one-third of the receipts during that year; to include the balance of former years in the receipts would be higlily objectionable, 975-977. [Third Examination.] — The land sales could not have fallen off in consequence of the change of commissioners, 1308 The circumstance of their having fallen off two months before is not explained by the season of the year, 1309 The causes explained by tiie commissioners themselves and by Colonel Gawler, 1310-1312 Returns of the civil establishment and emigration given in, 1313 Captain Grey is to report upon reductions of the establishment ; the ordinary current expenses are 70,000 I. a year ; the revenue 30,000 /. ; the deficit is to be provided for, 1316, 1317 The Government could not permanently release the guarantee fund, but may consent to a temporary re- duction of it; case of Captain Hindmarsh, 1322—1327 Correspondence with Mr. Freshfield, soliciior to the commissioners, as to the legality of raising money by bonds receivable in thq colony for land, 1329-1335. Hitherto the expense of surveys has been equal to the balance now due to the emi- gration fund; so that if the latter had been chargeable with them, there would be no fund for emigration, 1338-1342-^ — -The survey should be provided for out of the land sales before emigration, 1336, 1337. 1343-1345 Much land has been sold which is not yet surveyed, 1346-1348 Emigrants ought not to expect all the comforts and advantages of a long-settled country, 1349-1352 Wages of police compared with wages of labourers, 1353-1356 Probability of increased customs revenue, 1357-1361 — '■ — Animadversions upon a passage in the Fourth Report of the commissioners, alluding to measures stated to have been in contemplation for placing the finances upon a stable foundation, 1362 Reasons which induced witness to dissent from a draft letter of the 26ih August 1840 on the state of the colony, I362-1364 Letter v^hich was agreed to by all the commissioners, 1365, 1366. [Fourth Examination.] — Calculation of the quantity of available land in South Australia; error of Captain Hart; discoveries at Lake Alexandrina and Spencer's Gulf, 3030-3037 The new settlement in Port Philip, close to South Australia, will be beneficial, 3038, 3039. [Fifth Examination.] — Observations upon Colonel Torrens' evidence as to the loans proposed to be raised in 1840, and upon the finaucial tables put in by him, which are founded upon an hypothesis to which a majority of the commissioners object, 3125. [Sixth Examination.] — Estimate of the number of acres in South Australia to be surveyed, with the probable expense to be incurred, 3127-3129. JElliot, T. Frederick. Observations upon his evidence, Torrens 3120-3124 Statements delivered in by him, 5th March 1841, App. p. 191-196 Papers delivered in by him, 11th March 1841, App. p. 216 et seq. Emigration : 1. Emigration to South Australia. 2. Emigration from the Colony. 3. Papers laid before the Committee. 1. Emigration to South Australia: Emio-ration was always carried on as fast as was good for the colony, and only the surplus" of the fund applied to revenue purposes, until the colony became insolvent, Elliot 620-623 To stop emigration would destroy th^e country, Elliot 727 From November to Jantaary inclusive, it is better not to send a large number of emigrants from the Channel, Elliot 646-648 Comparative table of emigration 10 Souih Australia, for 1839 and 1840, up to the month of August, Ev. p. 132 — -Emigration has not been too great, and last year was less than it should have, been, /^j/; 2328, 2329 -The experiment of this mode of emigration has been most successful, nakejidd 2r8Q The estfiblishment of new colomes encourages the colonizing spnit, and increases emigration to all the colonies ; yet there is great jealousy amongst the different colonies, Wakefield 2990-3000. 2. Emigration from the Colony: The company were afraid that if the first emigrants found no employment they would emi-rate to the neighbouring colonies; means taken to meet this difficulty, An gas z^^ !ln anticipation of the ruin that is coming upon the colony in consequence of the dishonour of the Governor's bills, apian is now forming for the purpose of senchn- 0.21. ' 36 '^^'f* i8j COLONIES, L^outtl Report, 1 841 — continued. Emigration — continued. 2. Emigration from the Colony — continued. ships to Adelaide, in order to take away those men who may be thrown adrift by the cessation of employment, Angus 420 A very serious emigration from the colony may be apprehended, Angus 420 They will emigrate to Port Phillip in the first instance^ or anywhere else where parties choose to send vessels to take them off, Angus 421 Some of the settlers are believed to have emigrated to New Zealand and other colonies, Elliot 928-935 Witness never heard of more than one emigrant leaving 'the colony, M' Shane 1469. 3. Papers laid before the Committee : Letter from George Fife Angas to Lord John Russell, dated 16th April 1841, repre- senting the great anxiety with which the South Australian Company view the present protracted suspension of labouring emigration to South Australia, App.p. 278, 279 South Australian resident commissioner's Half-yearly Report, to 30th June 1840, App. V- 295- Emigration Fund : 1. Generally; Objects of the Fund, ^c. : 2; Construction of the amended South Australian Act, with reference to the power of Borrowing; use made of the Provision to that effect by the Com- missioners. 3. Papers laid before the Committee. 1. Generally; Objects of the Fund, l^c. Provision should be made for repayment of the sum borrowed, Rep. p. vii. xxiii. There is likely to be a less desire to purchase land at present, and the emigration fund will therefore be reduced, Angas 509, 510 The emigration fund has been more than sufficient for the wants of the colony, Angus 508 If the Commissioners could have raised the money in July, they would have replenished the emigration fund before they paid their debts in this country, Elliot 642 The sales of land went on so rapidly that the funds in hand were considerably in advance of the demand for sending out emigrants, Hutt 1058-1060 It would be an injustice to those who have purchased land if the amount due to the emigration fund should not be restored to it, Angas 1799 The cessation of the supply of emigrants was a breach of faith to the parties who bought land upon the understanding that they were to nominate emigrants, Villiers 1935—1940— It was one of the duties of the commissioners to regulate and proportion the price which they attached to lands, and also the application of the emigration fund as circumstances required it, Angas 1804. 2. Construction of the amended South Australian Act, with reference to the power of Borrowing ; use made of the Provision to that effect by the Commis- sioners : Sums borrowed, under the amended Act, from the emigration fund, which were to be ultimately replaced when required for emigration, Torrens 48-55 In pursuance of the provisions of the Act, the commissioners have borrowed 97,000.^. from the emi- gration fund, the fund itself only amounting to 20,000/., Torrens 66-68 The com- missioners exceeded the limit of one-third, prescribed by the Act, by 90,000/., Torrens 69-71' In 1838 there was an increase of the quarterly transfer from the emigration fund, for the use of the Governor, to the amount of 3,000/. per quarter, Angas 1695 . In the course of the year 1839 '^^ s""" borrowed under the Amended Act was 36,000/., Torrens 'J i-j^- There is now nothing left of the emigration fund ; it was wholly exhausted about August 1840, Torrens 118-120. The Act requires that not more thari one-third of the emigration fund should be bor- rowed at the close of a year ; but there is nothing to prevent the borrowing of the whole fund two or three times over during the year, provided it be repaid when required for emigration, Torrens 56-65 The Act was not violated till the end of 1840, as there is no provision which forbids the borrowing any sum from the emigration fund, if it be replaced before the close of the year, or replaced by a loan, if previously required for emigration, Torrens 121-134. By the third clause of tlie second South Australian Act, the commissioners are bound, at the end of the year, not to have a larger debt due to the emigration fiind than one-third of the receipts during that year; to include the balance of former years in the receipts would be highly objectionable, Elliot 975-977 Propriety of bor- rowing from the fund arising from sales of preceding years defended, in opposition to the evidence of Mr. Elliot, Torrens 3060, 3061 It was the fundamental principle of the South Australian Act that all the proceeds of the land sales should constitute an emigration fund, Flutt 1013 Witness introduced the amended Act into Parliament; his austtralia.J COLONIES. [19 Report, 1841 — continued. Emigration i^i/WD— continued. 2. Construction of the amended South Australian Act — continueri. his construction of the proviso limiting the power of the commissioners to borrow from the emigration fund to the extent of one-third, Hutt 1050-1055 At the dissolution of the first commission 25,000 I. had been borrowed of the Emigration Fund, altliough when the power was sought for it was thought unimportant, Hutt 1056-1058 VVit- ness remarked with great astonishment and regret Colonel Torrens's interpretation of the proviso with regard to the emigration fund ; although the words of the Act may bear him out, witness did not intend it when he brought in the Bill, nor was it ever mentioned at the Board, Hutt 1061, 1062 Evils of the second Australian Act in facilitating loans from the emigration fund ; encouragement given to unnecessary expense, Wakefield, 2973, 2974. 3. Papers laid before the Committee : Yearly statement of the loans from the emigration fund 1838, 1839 & 1840, App' p. 196. See also Land Sales. Loans. Emigrants. The emigrants taken out by witness were principally from Cornwall and a few from Norfolk; they were unexceptionable, M'Shane 1441-1444 The emigrants were chiefly small farmers and mechanics, and found ready employment, M'Shane 1405-1407 The useful emigrants were all satisfied with their condition, except under particular circumstances^ Jli'iSAawe 1418, 1419 Out of several thousand emigrants witness was only able to make out twenty as objectionable upon any ground, M'SAane 1449-1451 The proportion of children among the emigrants was not large ; about one-half would be adults, M'Shane 1452, 1453 South Australia offers greater temptations than Canada to emigrants, M'Shane 1463-1468 Statement of circumstances which in- duced the South Australian Company to send out a body of settlers before the commis- sioners had made any arrangements for their reception, Angas 1793. Emigrant Ships. In the months of February and March 1840 five emigrant ships, convey- ing 972 souls, bad been chartered by the commissioners at a considerable expense, Torrens 75 Expense incurred between the months of March and June 3840 by the chartering of 14 emigrant ships, Torrens 75 No emigration ship has sailed since July 1840, Elliot 643, 644. Employment in South Australia. The emigrants employed in the town were engaged by the week, and those that went to the country by the month or by the quarter, and were provided with rations, M'Shane 1471. Encounter Bay. In 1838 the whale fishery had made considerable progress at Encounter Bay, Trimmer 1280 Settlement of Encounter Bay, M'Shane 1509-1511 There are some 200 or 300 people in that district; they have got a church there ; they have communication by water with Adelaide, ilf'SAane 1511 There is a tribe of aborigines at Encounter Bay, comprising about 150 persons, Angas 2411. Establishment. Present establishment in South Australia, with salary and charges autho- rized and actually paid, App. p. 147 Authorized establishment in South Australia, enclosed in instructions to the resident commissioner and colonial treasurer, dated 9th November 1838; oflace : name; salary per annum, App. p. 232-234 — —Extract of a despatch from Colonel Gawler to the s'ecrelary of the Colonization Commissioners, dated Adelaide, 26th October 1838, respecting the increase of the establishment of public oflacers in the colony, much beyond the authorized establishment furnished in England, App. p. 240. See also Civil Establishment. Evangelical Lutheran Missionary Society of Dresden. This society is the first foreign society which ever established missionaries in a British colony, Angas 2409. Exchanges. Exchange operations form a legitimate business for a colonial bank, Brown- rigg, 2117, 2118. Exchequer Bills. Amount of Exchequer bills in the hands of the treasurer of the commis- sion on the 1st January 1840, Torrens 38. Expenditure of the Colony: 1. Authority of Colonel Gawler in respect of Expenditure. 2. How far his Expenditure was judicious or excessive. 3. Expenditure for the Outfit of the Colony. 4. How far the Expenditure can be met from the Resources of the Corny 5. Papers laid before the Committee. 1. Authority of Colonel Gawler in respect of Expenditure : Review of the matter by the Committee, Rep. p. vi-ix. Colonel Gawler had some special authority on one occasion for building a pier, but he had no authority for anv general deviation from his instructions as to expenditure, lorrens 2^-30.—— • oho ^'T- 0.21. 6 " ^ 20] COLONIES. l^outb Reports, 1841 — continued. Expenditure of the Colony — 1. Authority of Colonel Gawler, iSfc. — continued. In several of his despatches Colonel Gawler stated that his authorized expenditure was insuflScient, and the Commissioners should have been prepared for a moderate excess, drawn upon his own responsibility, Torrens 206 Colonel Gawler was in- structed not to incur any extraordinary expense without previous authority, except' in cases of the most pressing emergency ; no such emergency has arisen to justify his expen- diture, Torrens 324, 325 Colonel Gawler was justified in departing, in some degree, from his instructions, but ought to have striven to keep within them, Elliot 706 Colonel Gawler was given to understand that an expenditure of 20,000/. a year should not be exceeded by him, jETmK 1082-1085 The Governor had no discretion to incur expenses not previously authorized by the Commissioners, Hill 2217, 2218 Colonel Gawler had a discretionary power to draw to the extent of 5,000/. in extreme cases, such as famine or the destruction of the town by fire. Hill 2221, 2222. 2. How far his Expenditure was judicious or excessive : Extract from Journal of Council, 3d April 1 840, stating Colonel Gawler's conviction of the necessity of incurring great expenses ; how far witness concurs in the reasons given, Torrens 200 Opinion of the manager of the company in South Australia that the expenditure of Colonel Gawler was judiciously made, and that he would be able to justify himself to Government in the course he had adopted, jlwgas 470 Unnecessary expense incurred in the police, salaries to public officers, surveys, and some public works. Angus 523-531 Complaints of Colonel Gawler as to the imperfection and disorder of the accounts of expenditure in the colony, Elliot 661 Details of expenditure; salaries to public officers ; survey department, Elliot G63, 664 Half the expense of the establish- ment at home has been charged upon the colonial revenue, except clerks employed on emigration, Elliot 670. Examination of the various items of Colonel Gawler's expenditure; charge for police as compared with New South Wales and Van Diemen's Land, Elliot 936-952 -The several items of Colonel Gawler's expenditure, added together, amount to 52,000/. per annum, Elliot 952-957' This expenditure compared with that of Van Diemen's Land, New South Wales, and Western Australia, Elliot 958-963 The Commissioners have formed erroneous estimates of the expenses to be provided for, Hutt 1014, 1015 The expenses have greatly exceeded what is reasonable, Hutt 1016-1019. The Commissioners believed, when Colonel Gawler was sent out in 1838, that 20,000/. a year would be adequate to meet all the necessary expenses of the Government, Hutt 1071-1079 The total demands on the colony for the ordinary current expenses are very little less than 70,000/. per annum, Elliot 1316 Although Government expendi- ture in colonies is apparently productive of prosperity to the colonies, it has the coun- teracting effect of raising the price of labour, Angus 1762-1768 The heavy debts incurred by Governor Gawler have had the effect of drawing off attention from the settle- ment, Angus 1768. The Commissioners raised a loan to meet any extraordinary expenses that might arise. Hill 2215, 2216 Original estimate made by the Colonization Commissioners for South Australia of thfe current expenses of the colony. Hill 2202-2207 — : — The greater part of the expenses incurred by Colonel Gawler was very desirable, if the revenue of the colony had been sufficient to meet them. Hill 2264-2268 Part of Colonel Gawler's expendi- ture may have been rendered necessary by previous mismanagement, but a great portion might have been avoided or postponed. Hill 2330-2335. " 8. Expenditure for the Outfit of the Colony : Distinction drawn by Colonel Gawler between expenses which may be considered in the light of outfit and such as are of an ordinary character, Elliot 705, 706 The ex- penditure may have been larger than it should have been in so short a time, but it has been of a nature that must have been incurred sooner or later, Whitmore 823 A con- siderable expense of outfit was anticipated, but a precise estimate could not be made, and difficulties existed in getting the Act passed at all, Whitmore 824, 825 The Commis- sioners contemplated considerable expenses for the outfit of the colony, as for offices, gaols, &c., which they proposed to meet by loan raised upon the security of the future revenue, Hutt 1 1 14-1 124. 4. Hoiofar the Expenditure can be met from the Resources of the Colony: Without calculating upon an increase of population, the resources of the colony will be sufficient to meet its responsibility, Angus 513-522 The financial difficulties are of a trifling nature, when the necessity of a large outlay at first and the resources of the country are considered, Whitmore 822. 5. Expediency australta. j COLONIES. [21 Reports, 1841 — continued. Expenditure of the CotoAfF— continued. o. Expediency of giving to the Colony a Control over the Expenditure: Ine expenditure thus far would not have been so large if there had been a check in the colony Angus 549 At an early period the colonists ought to have some degree of control over their expenditure and taxation, Whitmore 902, 903 ^^The colonists did not contemplate being pecuniarily liable for the losses which might happen from the act of any governor, Rundle 1967 If the colonists are to be held liable in future for the ex- penditure, they ought to have some control, Rundle 1970 It was desired to give the colonists a control over the Government expenditure, as in the case of all colonies but JN^ew South Wales ; but the promoters of the Act were obliged to be satisfied with what they could get, Wakefield 2574, 257.5. 6. Papers laid before the Committee : Expenditure of the Colonial Government for the quarter ending 31st December 1839, ■^PP- ?• 99> 100 South Australian Resident Commissioner's Half-yearly Report, to 30th June 1840, Jpp.p. 291, 292. See also Civil Establishment. Government .House. Land Surveying Staff. Police Establishment. Public Works and Buildings. Stores. Surveys. Expense of Living. Expenses for a single gentleman and servant in South Australia, App. p. 247. Exploration of the Colony. Extract of a despatch from Colonel Gawler to the Colonization Commissioners for South Australia, dated 19th October 1839, and enclosures dated 11th January 1840, 8th January 1840, and 8th August 1840, containing the description of the country in such districts as have hitherto been explored north and west of the peninsula bounded by Gulf St. Vincent and the Murray, App.p. 226-229. See also Land in the Colony. Surveys. Exports from the Colony. There has been an export of wool and of oil, the produce of the Encounter Bay fishery, M'Shane 1517, 1518 The resources of the colony will enable the colonists to carry on a very considerable export trade, Angas 1 740. F. Farmers. The South Australian Company felt it to be deeply important to the interests of the new colony to send out a body of farmers, Angas 373 A principle was laid down by the company, that any farmer coming forward to emigrate should have a lease of their lands for 21 years, with the power of redemption, at the low rent of from 2s. to 5s. or 6s. per acre, Angas 373 It was proposed by the company to double any capital a farmer took out, as a loan to be repaid at given ipenods, Angas 373 It is a principle recognized by the company, that if a farmer takes a long lease of a farm, and has a portion of capital, say 200 /., the company would lend him 200 I. more to assist him in the stocking and improving his farm, Angas 1842 The company have sent out about 30 farmers and their families, each taking one or two labourers besides, Wheeler 789, 790 The com- pany have sent out altogether from 30 to 35 farmers to whom they have let land, giving them a right of purchase within a certain period at a price fixed before they took posses- sion, Rundle 1947-1949. Fell, Captain Alfred. Commander of the Catherine Stewart Forbes ; has made two voyages in that ship to South Australia from London ; her tonnage ; draught of water when loaded and when in ballast, 2733-2737 Witness went in 1837 with emigrants direct to Adelaide; arrived in November; did not go to the port, but lay in Holdfast Bay, 12 miles from Adelaide, 2738-2744 Witness landed his emigrants and unloaded his cargo at Holdfast Bay ; was there about three weeks ; it is a very good pla.ce to lie in, 2745-2753 It is "as safe an anchorage as Spithead or any roadstead in England generally, 2754 It is protected from the ocean swell by Kangaroo Island, 2757-2761 ■ There is water about a mile and a half from the beach; it cost witness about 1 ^. a ton, 2764, 2765. In 1838 witness went direct from London to the port of Adelaide, and arrived there in the month of March ; no difficulty was experienced in entering the mouth of the harbour, 2766-2784— Width of the river ; width of the channel, 2785, 2786 About half a mile inside the creek the anchorage is quite safe; the river is navigable eight miles up, 2787- 2793 A ship of the size of the Catherine Forbes can lie with satiety withm about 20 yards of the new port, 2794-2804 Depth of water at the new port ; the current is strong when there are spring tides, 2805-2807 The entrance to the harbour is well marked with buoys, 2808. Names of the ships lying in the harbour in March 1838, 2809 There is an inrier bar with about the same depth of water that there is in the first bar, 2810-2814 -The harbour was hardly known on witness's first voyage in 1837, 2815-2817 Most of the 0.21. 363 "^"P" 22] , COLONIES. [Sotttt) Reports, 1841 — continued. Fell, Captain Alfred. (Analysis of his Evidence) — continued. ships water at North Arm; the water is not very good, 2818-2824 Witness made voyages in 1838 and 1839, ^^'^ found equal facility each time in entering the harbour, 2825.2857,2858 In 1839 witness lay abreast of the nev? port, 2836-2838- 'Number of ships that could lie in the harbour and discharge their cargoes at the same time with convenience, 2839, 2840 Witness found no difficulty in leaving the harbour ; manner of leaving it, 2841-2845 Witness has an acre of land in the town which he purchased in 1839 j price paid for it, 2846-2851 The nearest place where vessels get their water is Torrens' Island, about three miles from Adelaide, 2852-2856 Prices of provisions, 2859-2861 The expense of conveying goods from the landing-place to the town is greater from the new port than the old ; the roads are very bad, 2862-2866. Female Emigrants. A large proportion of the emigrants who have been sent out to South Australia have been females, llundle 1989-1991. Finances of the Colony ■ 1. Generally. 2. Papers laid before the Committee. 1. Generally: General view of the finances of the colony. Rep. p. x Animadversions upon a pas- sage in the Fourth Report of the Commissioners, alluding to measures stated to have been in contemplation for placing the finances upon a stable foundation, Elliot 1362 The finances should be under the same control, on the part of the Treasury, as in other colonies. Hill 2281-2283. 2. Papers laid before the Committee : Letter from A. Y. Spearman to Mr. Under Secretary Stephen, dated 16th June 1836, transmitting queries from the Commissioners of Audit, relative to the accounting for the funds of the colony, App.p. 63 Letter from Mr. Under Secretary Stephen to the Colonization Commissioners, dated 22d June 1836, transmitting the foregoing letter, App.p. 64 Letter from Rowland Hill to Mr. Under Secretary Stephen, dated 29th June 1836, stating the opinion of the Commissioners as to the financial control vested in them, App. p. 64 Letter from Mr. Under Secretary Stephen to A. Y. Spearman, dated 1st July 1836, sub- mitting the question of financial control to the Lords of the Treasury, App. p. 65- Letter from Mr. Under Secretary Stephen to the Commissioners, dated 6th July 1836, stating that the question of financial control had been submitted to the Board of Treasury, App. p. 65. Letter from A. Y. Spearman to Mr. Under Secretary Stephen, dated 11th August 1836, transmitting the opinion of Crown lawyers that the financial control rests with the Com- missioners, App. p. 66 Letter from J. Stephen to A. Y. Spearman, dated 19th August 1836, stating the consequences of the opinion expressed by the Crown lawyers, App. p. 66 — —Letter from F. Baring to J. Stephen, dated 7th October 1836, relative to the control of the Government over sums to be raised by the Colonization Commissioners for South Australia, and proposed amendment of the Act, App.p. 67 Letter from J. Stephen to A. Y. Spearman, dated 24th February 1837, i"elative to the right of control over the funds asserted by the Colonization Commissioners, App. p. 67 Letter from Rowland Hill, dated 1 6th February 1 837, relative to the expense incurred in advertizing the dinner to Captain Hindmarsh, App. p. 68 Letter from R. Torrens to Lord Glenelg, dated 17th August 1836, submitting two separate plans for conducting the financial affairs of the colony; one under the Commissioners, the other under the Secretary of State, App.p. 72. Copy of Letter from R. Torrens andE. E.ViUiers to J. Stephen, dated nth December 1840, with memorandum on Captain Grey's Minute, App. p. 140-145 'Financial statement of the Colonization Commissioners for South Australia, 1st March 1841, App. p. 191 Statement of ways and means during 1840, submitted to the Board montlily, App. p. 193 Financial position of the colony at the commencement of the half years, January ist and July 1st, 1836 to 1841, both inclusive, App.p. 194, 195 Extract from a memorandum written in the month of March 1836 on the financial arrange- ment of the South Australian Land and Emigration Commission, App. p. 220-223- Despatches addressed to and received from his Excellency Colonel Gawler, Resident Commissioner in South Australia, on subjects connected with finance, during the years- 1838, 1839, and 1840, App.p. 229. Letter from Colonel Torrens to Colonel Gawler, dated 29th October 1838, enclosing copies of two letters from the Colonial-office and Treasury, containing instructions for his guidance in the event of any contingency requiring a supply of funds beyond the amount authorized by the Colonization Commissioners, App. p. 23^ Extract of a despatch from Colonel Gawler to the Secretary of the Colonization Commissioners, dated Adelaide,- 27th October 1.838, assuring the Commissioners that he will use his best endeavours to carrv auetralia.] COLONIES. [23 Reports, 1841 — continued. Finances of the Cor, on r— continued. 2. Papers laid before the Committee — continued. ' carry out the self-supporting principles of the colony, App. p. 240 Extract of a u^^-D*"^'-* from the Secretary of the Colonization Commissioners for South Australia to the Resident Commissioner, dated 31st May 1839, approving of the courseadopted by him on finding on his arrival in the colony that the 12,000 /. provided for h e colonial expenditure of 1838 had been exhausted; and for providing the sum of 1,900 Z. for other expenses, App. p. 241. Extract of a despatch from Colonel Gawler to the Secretary of the Colonization Com- missioners, dated Adelaide, 5th December 1838, stating the impossibility of waiting for authority from the commissioners for expenditure into which he may be led, App. p. 24I Extract of a despatch from Colonel Gawler to the Secretary of the Colonization Commissioners, dated Adelaide, 2d February 1839, with regard to the financial system of the colony, App. p. 242 Extract of a letter from the Secretary of the Colonization Commis- sioners to Colonel Gawler, dated 2d August 1839, approving of his having discharged out- standing claims to a large amount, which had arisen previously to his arrival in the colony, App. p. 243 Extract of a despatch from Colonel Gawler to the Secretary of the Colo- nization Commissioners of South Australia, dated Adelaide, 8th April 1839, respecting the workings of tliis branch of the colonial administration, App. p. 243-245. Extract of a despatch from the Assistant Secretary of Colonization Commissioners for South Australia to Colonel Gawler, dated 15th November^ 1839, respecting a revision of the salaries paid to public officers, and the necessity for erecting a Government-house and public offices, App. p. 248-250 Extract of a despatch from Colonel Gawler to the Secretary of the Colonization Commissioners, dated Adelaide, 23d August 1839, stating the necessity of taking the extraordinary steps, with regard to finance, which he had done, App. p. 251, 252 Extract of despatches from Colonel Gawler to the Colonization Commissioners, dated 30th October 1839 and 14th November 1839, respecting the colo- nial treasurer and colonial storekeeper not having been able to produce their accounts to 30th June 1839 j '■^ply thereto, App. p. 257, 258 Finance minute of Colonel Gawler, enclosed during his absence on a tour, in a despatch from the Colonial Secretary to the Colonization Commissioners, dated Adelaide, 26th November 1839, App. p. 258-260. Financial statement, showing the amount of the funds which would have been in the bands ofthecommissioners on the 1st January, the 1st February, and the istof March 1841, after the payment of all liabilities fallen due up to the first of each of those months, and on the assumption that a loan of 120,000 Z. had been contracted for in June 1840, and that three emigrant ships, of the ordinary class, had been despatched in the autumn of that year, App. p. 274 Financial position of the colony, January to June 1840, App. p. 274, 275 South Australian Resident Commissioner's Half-yearly Report, to 30th June 1840, App. p. 290,291 Copy of a despatch from Governor Gawler to Lord John Russell, dated Adelaide, 28th December 1840, with respect to his conduct in refer- ence to finance, under the financial affairs of the province, App. p. 290 Copy of a despatch from Governor Gawler to Lord John Russell, dated Adelaide, 18th January 1841, offering his views upon the subjects connected with the finance, containing the conclusion of the Commissioners' Report to Lord John Russell, of the 7th July 1840, ^PP- P- 330, 33^- Financial Embarrassments of the Colony: 1. Generally. 2. Papers laid before the Committee. 1. Generally: General view as to the causes thereof, and the measures taken, Kep. p. vi-xi If the present financial difficulties were removed, the resources of the colony would, in future, defray its own expenses, but not perhaps the interest of its debt, M' Shane 1 674- 1676. 1679-1682 If the interposition of Parliament be delayed, most disastrous con- sequences will ensue ; otherwise, the colony will be extricated from its embarrassments, and will be able to pay its debts in five years, Angas 586-594 The financial difficul- ties are the result of a combination of causes, one of which has been an indiscretion, on the part of the Governor, in the extent of the drafts he has made, Hutt 1008, 1009 The Colonization Commissioners certainly did not contemplate the financial embarrass- ments which have arisen. Hill 2198-2201 The immediate cause of the financial diffi culty of the colony is the sudden and large expenditure of the local government ; the remote cause the want of proper responsibility under the Act, Wakefield 2562-2570 Witness's views as to the causes of present difficulties, and the remedies that should be applied, 2'orm/5i54-.i 57. ,-, , The longer assistance is delayed, tlie larger will be the amount required, while the security for repayment will be less good, Angas 551-555 The colony will be anxiously waiting for hews of the meeting of Parliament ; and a remedy now applied will be in time to prevent the actual occurrence of distress, Wheeler 806, 807 The present embarrass ments have been chiefly caused by the disobedience of the local commissioner to his instructions, which has not been justified by any circumstances. Hill 2313-2319-—- 0.21. 3^ ^^^ 24] COLONIES. [^outH Reports, 1841 — continued. Financial Embarrassments of the Col ojvk— continued. 1. Generally — continued. The present embarrassment is in part owing to what occurred under the first commission, Hill 2342—2345 Explanation of the financial position of the commissioners, from January to June 1840, T^orrews 3062-3070- Colonel Torrens' financial explanation is founded upon an hypothesis to which a majority of the commissioners object, Elliot 3125- 2. Papers laid hefore the Committee : Letter from the Colonization Commissioners to Lord John Russell, dated 7th July 1840, relative to the financial difficulties of the colony, and proposing a loan of 120,000 I., App. p. 84 Letter from J. Stephen to the Colonization Commissioners, dated 13th July 1840, stating that the financial difficulties of the colony had been referred to the Board of Treasury, App. p. 90 Letter from J. Stephen to C. E. Trevelyan, dated 13th July 1840, transmitting Report of Commissioners to the Lords of the Treasury, and recommending loan, App. p. 90 Letter from J. Stephen to the Colonization Commis- sioners, dated 20th July 1840, transmitting Treasury letter sanctioning the proposed loan of 1 20,000 /., App. p. 91 Copy of despatch from Lord John Russell to Colonel Gawler, dated 13th July 1840, transmitting Report of the Commissioners of the financial difficulties of the colony, and calling for explanation, App. p. 90, 91 . . Letter from the South Australian Commissioners to J. Stephen, dated 26th August 1840, reporting further embarrassments of the colony, and the injustice to t^e public to raise a loan without declaring the state of the colony, App. p. 91 Letter from J. Ste- phen to C. E. Trevelyan, dated 11th September 1840, transmitting the foregoing Report, with review of facts, and proposing Parliamentary inquiry, App. p. 102 Copy of des- patch from Governor Gawler to Colonel Torrens, dated Adelaide, 3d February 1840, respecting the state of the finances of the colony, App. p. 94, 95 Report of J. A. Jack- son, the colonial treasurer, to his Excellency Lieut.-colonel E. Gawler, dated loth Decem- ber 1839, respecting the state of the finances of the colony, App. p. 95-97 Copy of despatch of Governor Gawler to Colonel Torrens, dated 26th February 1840, relative to the embarrassed state of the finances of the colony, App. p. 97-99. Letter from the Colonization Commissioners to J. Stephen, dated 17 September 1840,. stating the grounds for hoping the assistance of Government in the present crisis of the colony, App. p. 106. Letter from R. Gordon, m. p. to J. Stephen, dated 23 Sep tember 1840, intimating that /the Board of Treasury concur in the necessity for Parlia- mentary investigation, and an inquiry into the financial circumstances of the colony to be made by one of that Board, App. p. 107 Letter from the South Australian Com- missioners to J. Stephen, dated 11 September 1840, with statement of their assets and liabilities, App. p. 103 Address of Governor Gawler to the Legislative Council, dated 3 April 1840, on the finances of the colony, for the last quarter of 1839, App. p. 126. Financial Instructions to Governor. Letter from Colonel Torrens to Mr. Under Secretary Stephen, dated 21 May 1838, in which he proposes an alteration in the financial instruc- tions to Colonel Gawler, App. p. 63. JFish (Adelaide). There is abundance of fresh fish in the markets, M' Shane 1647 Ade- laide is abundantly supplied with good fish every day, Angus 1858. Fisher, James Hurtle. Object of the court of inquiry on Mr. Fisher's conduct, Elliot 1314,. 1315 The commissioners recommended the appointment of Mr. Fisher as Colonial Commissioner, and he was appointed by the Crown, Hill 2284-2287 'Mr, Fisher was removed uflder circumstances of such grave suspicion, that, had he possessed any pro- perty, legal measures would have been adopted to recover the sums for which he had rendered no account. Hill 2321. Statement of the conduct of Mr. Fisher, Colonial Resident Commissioner of South Australia, App. p. 62 Selection of the official correspondence on the subject of the conduct of Mr. Fisher and Mr. Gilles, who held the offices of Resident Commissioner and Colonial Treasurer in South Australia, App. p. 279-283 Extract of a letter to James Stephen from Colonel Torrens, Chairman of the Colonization Commissioners for South Australia, dated 23d May 1838, with respect to the conduct of James Hurtle Fisher,, Resident Commissioner, App. p. 279. Schedule of despatches, and extracts of despatches relative to Mr. Fisher and Mr. Gilles, App. p. 279 Extract of a despatch from Colonel Gawler to the Colonization Commissioners for South Australia, dated 26th October 1838, respecting the suspension of Mr. Fisher from the exercise of all official functions, App. p.. 280. Extract of a report dated 31st January 1839, made to his Excellency Colonel Gawler, by the commission appointed to inquire into the conduct of Mr. J. H. Fisher, App. p. 280. Extract of a despatch from Colonel Gawler, Resident Commissioner in South Australia, dated 29 May 1839, respecting the conduct of Mr. Gilles and Mr. Fisher, App. p. 281 — —Extract of a despatch from Colonel Gawler to the Colonization Commis- sioners for South Australia, dated 1st February 1840, containing the complete report of the court instituted to inquire into the conduct of Mr. Fisher, App. p. 282. Flocks 0U9ttaIia.J COLONIES. [25 Reports, 1841 — continued. Flocks and Heids. The first movement lliat some of the Company's vessels adopted after reaching the colony, was to import cattle and sheep from Van Diemau's Land" and New South Wales, ^j/gas 364 Means were discovered of obtaining stock overland, from the back settlements of New South Wales, Angas 364. The climate is very healthy for all sorts of cattle and sl)eep, Ev. p. 46 One of the effects of the dishonour of the Oovernor's bills will be, that those who have charge of the flocks and herds in the colony will be discontented without pay ; they will become indifferent to the charge committed them, and the flocks and herds will be dispersed, Angas 420. Flour. Flour was brought from England and South America, and some from Van Diemen's Land, Trimmer 1273-1275. Average price of flour in the colony , M' Shane 1398-1404 In 1838 and 1839 witness paid 80 /. a ton for flour. Fell 2859. — ~ln a despatch of 29th May 1839, Colonel Gawler reported, and in replies dated 15th November and 6th Deceimber 1839, the cotnmissioners approved, an expenditure of 3,000/. to purchase flour under apprehension of a scarcity, App. p. 251. Foundation of the Colony. Errors in the original plan, Rep. p. iii-v The principle upon which the colony was founded was a sound one, Hutt 1 158 A colony must be, in the first instance, supported by money borrowed or given ; the North American colonies were established at the expense of private persons, Wakefield 2585-2588 The first proposal for founding South Australia, was to grant a charter to a company, whose capital should provide for the early expenses of the colony, as in the case of the Plymouth Company of Virginia, Wakefield 2585-2591 The scheme of founding South Australia by a char- ter, to a company whose capital should provide for the early expenses of the colony, was abandoned on account of the difficulty of complying with conditions required by Lord Goderich and Lord Stanley ; persons would not subscribe until they had a guarantee that government would proceed with the me&syne, Wakefield 2592-2601 Colonies are much belter founded when companies assist, Wakefield 2632. See also Self -supyor ting Principle. Foundation and Government of Colonies. Abstract or description of certain powers granted by the government of England to individuals or bodies corporate, for the foundation and government of colonies, App. p. 23. Fourth Report of Commissioners. Causes of the delay in the preparation of the Fourth Report, Hutt 1043-1045. The Fourth Report was written at various times in 1840, but was not completed and signed till July, Torrens 3118, 3119. Freshfield, Mr. A correspondence on the subject of the loan to be raised by the issue of bonds, receivable in the colony for land, passed between Colonel Torrens and Mr. Fresh- field, the solicitor of the commission, Elliot 1329 Correspondence between Mr. Freshfield and Colonel Torrens in February, March, and April 1840, delivered in, Ev. p. 176 Extract from professional bill of Mr. Freshfield, delivered to the commis- sioners 1840, App. p. 225 Letter from J. W. Freshfield to Colonel Torrens, dated 27th February 1835, with Mr. Freshfield's opinion as to the personal responsibihty of the commissioners, App. p. 50, 51. Fuel in Australia. Fuel is cheap, as there is abundance of timber in the neighbourhood, M' Shane 1499-1504. G. Gairdner, Gordon. (Analysis of his Evidence.)— Chief clerk of the Australian Depart- ment in the Colonial Office, 1 Delivers in correspondence with reference to the ori- ginal formation and present state of South Australia, 2, 3 Memorandum of Mr. Gairdner, of papers presented by the Colonial department relative to South Australia, App. p. i. iv. Game in South Australia. There was not much game in the colony, unless at a great dis- tance from the town, M'Shane 1657. Gaol. Letter from Charles Cooper to the Governor, containing a copy of a presentment made by the gentlemen of the grand jury at the last criminal session of the supreme court, stating that they find the gaol altogether inefficient, App. p. 315. Gawler, Lieut.-Colonel George. Observations of the Committee upon his measures, Jiep. p. viii Colonel Gawler found the colony in a most unsettled state, and with the exception of deviating from his instructions as to expenditure, he has been a most excellent governor, Hill 2406 Letter from R. Torrens to James Stephen, dated 31st March 1838, recommending the appointment of Lieut.-Colonel Gawler to the govern- ment of South Australia, Jpp. p. 61 Letter from Mr. Stephen to the Colonization Commissioners, dated 23d April 1838, intimating the intention of Government to appoint Colonel Gawler governor of South Australia, App. p. 61 Copy of despatches from Governor Gawler to Colonel Torrens, dated 3d February 1840. respecting the state of the finances of the colony, App. p. 94, 95- 97- 99 Despatch of Governor Gawler to 0.21. 3 ^ " 26] COLONIES, [Ifcoutl^ Reports, 1841 — continued. Gawler, Lieut.-Colonel George — continued. Lord Glenelg, dated 23d January 1 839, respecting the disorganised state of the colony and difficulties of his government, App. p. 123 Address of the Governor to the Legislative Council, dated 3d April 1840, on the finances of the colony from the last quarter of 1839, App. p. 126 Letter from Lord John Russell to Governor Gawler, dated 26t,h Decem- ber i84o, notifying his recal and the appointment of Captain Grey as his successor, App. V- 135- Memorandum of the date of appointment of Colonel Gawler as resident commissioner in South Australia upon the 25th May 1838; his arrival in the colony reported 13th October 1 838, App, p. 230 Extract of a despatch from the secretary of the Coloniza- tion Commissioners for South Australia to Colonel Gawler, dated 2d August 1839, assur- ing him of the support of the commissioners in such deviations from his instructions as he may think it his duty to make, Ap'p. p. 242, 243 Extract of a despatch from Colonel Gawler to the Colonization Commissioners, dated 21st March 1840, containing half-yearly reports ending 31st December 1839, o^ various public departments, App. p. 1^1, 263 Copy of a letter from the Colonization Commissioners for South Australia to James Stephen, dated 12th May 1841, submitting Colonel Gawler's observations on the present state of the colony to Lord John Russell's notice, App, p. 290. See also Expenditure. Financial Emlarrassments, Sfc. Germans in South Australia. There are 600 Germans in the colony ; they do not gene- rally speak English, M'Shane 1632-1637 Witness has never heard of their objecting to hire themselves out to the English, M'Shane 1642 They were not sent out at the expense of the Emigration {and, Jngas 1875, 1876 They behave very well ; they are religious, moral, loyal and industrious, A?igas 1878-1883. German Missionaries. Location and labours of the German missionaries in the colony, Arigas, 2416. Gillies, Mr. Services performed by Mr. Gillies in promoting the sales of land in the colony. Hill 2321-2325 — -Schedule of despatches and extracts of despatches relative to Mr. Gillies, late colonial treasurer in South Australia, App, p. 279 Selection of the official correspondence on the subject of the conduct of Mr. Gillies, App. p. 279-283 Extract of a despatch from Colonel Gawler to the Colonization Commissioners for South Aus- tralia, dated 26th February 1840, stating that he had been compelled to place Mr. GilUes in the hands of the Advocate-general, App. p. 283. Glasgow Merchants. Letter J. Oswald, M. P., to Lord John Russell, dated 16th February 1841, containing remarks concerning the memorial of a number of merchants in the city of Glasgow, App. p. 1 5Q Letter from R. Vernon Smith to James Oswald, M. P., dated 22d February 1841, acknowledging the receipt of Mr. Oswald's letter, enclosing the memorial of the merchants of Glasgow, App. p. 150 Memorial of merchants of Glasgow to the Right honourable Lord John Russell, dated 13th February 1841, request- ing that the Governor's bills might be immediately accepted, App, p. 150. . Glenelg, Lord. Copy of despatch from Lord Glenelg to Governor Hindmarsh, dated 21st February 1838, recalling him from his government, App.p, 55. Goderich, Lord, Lord Goderich objected to the colony the want of an exploration with respect to its natural features, and not the want of a survey for the disposal of land, Wakefield 2651 Letter from R. W. Hay to R. Torrens, in which Lord Goderich de- clines originating any scheme for the establishment of a colony in South Australia, App, p, 19. Gordon, Robert, M. P. Letter from R. Gordon, M. P., to J, Stephen, dated 23d Septem- ber 1840, stating that the Board of Treasury concur in the necessity for Parliamentary investigation, and an inquiry into the financial circumstances of the colony, to be made by one of that Board, App, p, 107 Letter from R. Gordon to J, Stephen, dated 4th November 1 8^ 0, transmitting Treasury Minute of 3d November, stating the gua- rantee to be given by government to enable the commissioners to raise a loan, App, p. 120. Ganger, R, Letter from R, Gouger to John Lefevre, dated 17th April 1834, transmitting the resolutions of committee of the South Australian Association, with reference to the four points which Mr. Stanley requires should be established in the formation of the colony, App. p. 38. Government, of the Colon]/. Resolutions of the Committee for the future government of the colony, Rep. p. xx. The financial and administrative affairs of the colony should be in the hands of the executive, and the commissioners have no power except in the sale of lands and emigration, !?«« 1163-1170 Souih AustraUa should be managed as a Crown colony, and not by the commissioners, Wakefield 3001-3011. Government ausjtralia.] COLONIES. [27 Reports, 1841 — continued. Government House (Adelaide). Colonel Gawler commenced building the Government- house long before he got authority, but was afterwards sanctioned by the commissioners, forrens 326-330 Witness does not understand how buildings can be necessary to the extent of an outlay of 25,000 1, for a government-house and government offices, ■^iigcs 530 The expenses of the government-house and public offices were authorized, iLllii.t, 707 The government-house is larger than was called for by the state of the province, M'S'/(ffl«e 1558*, 1559-. The large expenditure on a government-house and pub.ic buildings was exceedingly unwise. Hill 2336. Governor of the Colony. Advantage of the union of the offices of Governor and Resident Com- missioner, Rep. p. vii Instructions were not given defining precisely the limits between the authority of the Governor and that of the Resident Commissioner, as the Act was not distinct on that point, Torrens 35-37 Letter from R. Torrens to Mr. Under Secretary Stephen, dated a3d April 1838, recommending the union of offices of Governor and Colonial Resident Commissioner, App.p. 6i, 62 Letter from Mr. Under Secre- tary Stephen to the South Australian Commissioners, dated 10th May 1838, stating the consent of the Secretary of State to the proposed arrangement, App. p. 62. Governor's Salary. Letter from Colonel Gawler to R. Torrens, dated Adelaide, 30 October 1839, acknowledging the commissioners' warrant of the 12th April 1839, increasing his salary from 800/. to \,oool. per annum, and complaining that that allowance is most insufficient for the reasonable expenses of a Governor of this colony, App. p. 256, 257. Grant, Right Hon. Charles. Letter from Mr. Secretary Grant to R. Torrens, dated 27th April 1835, approving the gentlemen named as the Colonization Commissioners, App. p. 52. Grey, Captain. Captain Grey's salary is to be 1,000^. a year, Elliot, 714 Despatch from Captain Grey to Lord John Russell, dated 18th November 1840, enclosing summary of subjects on which he requests instructions ; his correspondence, finance, special survey, &c. App.p. 135 Copy of a letter from Lord John Russell to Captain Grey, dated 2gth December 184O, containing instructions as to whom Captain Grey should address his correspondence, and with regard to special surveys, App. p. 149, 150. Grote, George, m.p. Letter from Georue Grote to John Lefevre, dated 21st March 1834, explainino- more fully the views of the Provisional Committee of the South Australian Association, and combating Mr. Secretary Stanley's objections to the proposed charter of incorporation, App. p. 35. Guarantee Fund : 1 . Generally. 2. Papers laid before the Commitiee. 1. Generally: Inadequate security affiDrded thereby to the mother country. Rep. p. \ One of the difficulties created by the Act is the "guarantee fund," Hutt 1150-1153 It was very difficult to procure purchasers of land, parties being aware that a considerable portion of the money accruing from the loan would be locked up as a guarantee fund, Hutt 1152 Circumstances under which 5,000^. was abstracted from that fund, IJutt Xlgg_ii57 The guarantee fund was a loan of 20,oooZ. raised at 10 percent, on the security of the land, Hutt 1159-1162 The Government could not permanently release the guarantee fund, but may consent to a temporary reduction of it; case of Captain Hindmarsh, Elliot 1322-1327. 2. Papers laid before the Committee : Letter from Mr. J. Stephen to a A. Y. Spearman, dated 26th April 1837, stating the suggestion of Lord Glenelg to the Lords of the Treasury, of the expediency of their receiving directly from the Colonization Commissioners the statements they have to make with respect to the creation of a stock, bearing an interest of 6 per cent, per an- num ; and also with respect to the further maintenance of the guarantee fund, App. p. 182--: Copy of a letter from A. Y. Spearman to James Stephen, dated nth June 1838, requesting he will state to Lord Glenelg that provided the 4th clause, relating to the guarantee fund, is omitted the Lords of the Treasury do not object to the enactments contemplated in the Bill, App. p. 190 Letter from James Stephen to the Colonization Commissioners of South Austraha, dated I2ih June 1838, transmitting bv direction of Lord Glenelg a copy of a letter from the Secretary to the Treasury, inti- mating that provided the 4th clause relating to the guarantee fund is omitted, the Lords of the Treasury do not object to the enactments contemplated in the Uill, App. p. 190- jj Hav R W Letter from R. W. Hay to R. Torrens, dated 17th July 1832, relative to the charter for the incorporation of the South Australian Land Company, App.p. 16 0^9 Letter 0.21, 3 c 2. 28] COLONIES. l^Ottttf Reports, lBl^l^conHnued. Hay, R. W. — continued. ' Letter from the same to the same, dated 6th Aug. 1832, stating that Lord Goderich declines originating any scheme, App. p. 19 Letter from R. W. Hay to R. Torrens, dated 16th February 1835, raising the question as to the personal responsibility of the Commissioners, App. p. 49 Letter from R. W. Hay to Hon. J. Stewart, dated 7th March 1835, transmitting copies of two letters from Colonel Torrens for the consideration of the Lords of the Treasury, App. p. 51. Hewitt, Charles Thomas. — Letter from Charles T. Hewitt and William Colton, dated Doringo Valley, Onkaparingo, South Australia, 2d September 1840, giving a statement of the facts experienced by them since their arrival in the colony, 19th December 1839, Ev. p. 46, 47. Hill, Rowland. (Analysis of his Evidence.) — Secretary to the late Board of Colonization Commissioners for South Australia, 2196, 2197 The commissioners certainly did not contemplate the financial embarrassments which have arisen, 2198-2201 Original estimates made by them of the current expenses of the colony, 2202-2207 Estimated expense of surveys, 2208,2209 Any increase of expenditure beyond the sum provided by the commissioners was expected to be met by an increasing colonial revenue, 2210— 2213. — They raised a loan to meet any extraordinary expenses that might arise, 2215, 2216 The governor had no discretion to incur expenses not previously authorized by the commissioners, 2217,2218. Governor Hindmarsh took out with him i,oooZ. in specie; and the Colonial-office instructed the governors of New South Wales and Van Dienien's Land to give him assistance in case of necessity, 2219, 2220 Colonel Gawler had a discretionary power to draw to the extent of 5,000 /., in extreme cases, such as famine or the destruction of the town by fire, 2221, 2222 Expense incurred in materials sent out at the first form- ation of the colony, 2223 The expenses of surveying greatly exceeded the estimate, 2224, 2225 Discontent of settlers on finding that land which they had purchased had not been surveyed, 2229. The Commissioners had relied upon the surveyors to keep always in advance of the sales, but the inefficiency of the latter frustrated this intention, 2230-2232 None of the surveyors were admitted without examination or testimonials, 2233-2236 They had lost or destroyed a great proportion of the instruments provided by the commis- sioners on the arrival of Colonel Gawler ; their means of transport were probably insuffi- cient, 2237,2238 9,000^. or 10,000 /. would have been quite sufficient to defray all the expenses of surveys in three years, to meet the wnnis of emigrants on their arrival, 2239-2245 The demand for land increased so rapidly that the allowance for surveying was raised from 3,000 I. a-year to 6,000 /., 2246--2248 Strength of the surveying staif, 2249, 2250 Colonel Light began a trigonometrical survey, but the commis- sioners finding how slowly it proceeded, directed a running survey to be taken instead, to be afterwards checked by trigonometrical admeasurement, 2251 No agreement had been made with emigrants as to the nature of the survey, 2252, 2253. There could be no objection to applying a definite sum, as 1 s. an acre, out of the pro- ceeds of the land sales, to defray the expense of surveys, 2254-2262 The expenditure on account of Government establishments very little exceeded the estimate while witness was secretary, 2263' The greater part of the expenses incurred by Colonel Gawler was very de.o.irable, if the revenue of the colony had been sufficient to meet them, 2264- 2268 Limits within which the Governor was authorized to spend money for public works, 2269 Causes of the great deficiency of accounts of expenditure in the colony, 2270-2273 Irregularities of ivlr. Fisher, the colonial commissioner, and Mr. Gillies, the treasurer, 2274, 2275 The ineffectiveness of the officers sent out arose partly from divided responsibility, and paitly from the limited choice there was -amongst persons emigrating to an unexplored colony, 2276-2280. There can be no doubt of the inexpediency of founding a colony upon precisely the same arrangements as those adopted in the case of South Australia, 2278 The finances should be under the same control, on the part of the Treasury; as in other colo- nies, 2281-2283 The commissioners recommended- the appointment of Mr. Fisher as colonial commissioner, and he was appointed by the Crown, 2284-2287 They acquiesced in the appointment of the first Governor, 2288. Witness is still of opinion that the colony will be able to be carried on upon the self- supporting principle, 2289-'2292 The outfit of the colony might have been provided by a loan raised at a low rale of interest, if a survey had been made of the colony before its settlement, as persons lending money would have known the nature of their security, 2293-2308 Rates of interest at which loans have been raised; it would not be advis- able for other colonies to rely upon loans, 2309-2311 The present embarrassments have been chiefly caused by the disobedience of the local commissioner to his instruc- tions, which has not been justified by any circumstances, 2313-2319 Services per- formed by Mr. Gillies in promoting the sales of land in the colony, 2321-2325. The muftttalia.] COLONIES. [29 Reports, 1841 — continued. Hill, Rowland. (Analysis of his Evidence)— con. 375 Price at which land let by the company may be redeemed; rent paid ; number of acres held by the company and purchased of them, lb. 745 Number of acres held by the company; quantities purchased at first and by virtue of special sur- veys; amount of land orders, bought, Wheeler 760-762 Calculations of the quantity of available land in South Australia; error of Captain Sturt; discoveries at Lake Alex- andria and Spencer's Gulf, Elliot 3030-3037. Land att0tiraUa.J COLONIES. [33 Reports, 1841 — continued. Land Fund. When a colony is first established, it may be necessary to apply a portion of the land fund to local improvements, but not afterwards, Whitmore 826-831- Objec- ^ns to the application of any portion of the land fund to any purposes but emigration, W^aAe^eZd 30 12-3020 At all events the proportion to be applied to other purposes should be fixed, lb. 3020, 3021 The amount of the land fund will depend upon the general condition of the colony ; a diminution of it would reduce the means of increasing the population, Elliot 724, 725 It may be a question whether one-half the land revenue might not be appHed to the debt, lb. 726, 727. See also Emigration Fund. Land Order. Copy of land order for special survey of lands in South Australia, Apv. p. Land Sales: 1. Amount arising therefrom. 2. Causes of the falling off of the Land Sales. 3. Application of the Proceeds; how far it should be confined strictly to Emigration. 4. Mode of conducting Land Sales. 5. Papers laid before the Committee. 1. Amount arising therefrom : Amount proceeding from land sales in the course of the year 1839, Torrens 87, Ev. p. 9 The land sales will not stop for the want of sufficient good land, Elliot 737, 738 Even if the land sales had continued to the same extent, and the expenditure had been as high as it is, there would have been financial inconvenience, Hutt 1096-1098. 2. Causes of the falling off of the Land Sales : There is likely to be a less desire to purchase land at present, and the Emigration Fund will therefore be reduced, Angas 509, 510 The financial diflBculties may be attributed in part to the change of the commission, which appeared to interfere very much with the sale of land in this conntry, Hutt 1021-1027. 1032-1038 The land sales fell off before the dissolution of the commission, but at a time when it was usual, lb. 1031 No Act of the present commission could have affected the land sales ; but they had not so much of the public confidence, and their office was not in a public thoroughfare, lb. 1041, 1042. Examination with reference to the land sales before and after the dissolution of the late commission, Jb. 1086-1089 The falling off of the land sales were not influenced to any great extent by emigration to New Zealand, lb. 1092-1094 The diminution of the land sales resulted from the purchases that were going on in New Zealand ; it did not prevent the sale of lands at Port Philip, lb. 1093 The old commission, from its mixed and partly commercial character, took more active measures for the sale of land than the new commission, lb. 1095 The land sales could not have fallen off in conse- quence of a change of Commissioners, Elliot 1308 The circumstance of the land sales having fallen off two months before the change of Commissioners is not explained by the season of the year, lb. 1309. The causes of the falling off in the land sales explained by the Commissioners them- selves, and by Colonel Gawler, lb. 1310-1312 The falling off in the land sales in England, appears to have arisen partly from an impression that it is more advantageous to purchase land on arrival in South Australia than previously to departure from England, but chiefly from the rivalry of the New Zealand Company, lb. 1310 The falling off in the land sales in the colony, is owing to the purchases having far exceeded the pas- toral and agricultural requirements of the population, lb. 1312. 3. Application of the Proceeds ; how far it should be confined strictly to Emigration : One-half of the receipts should form part of the general revenue. Rep. p. xviii One-fourth of the Emigration Fund arising from land sales should be applied to pub- lic improvements in the colony ; the remainder would suffice for emigration, .4«^as 507, go8. An alteration of the Act would be necessary to enable the Commissioners to apply any portion of the proceeds of land sales to other purposes than emigration, Whit- more 904, 905 The emigrants had a right to suppose that the whole produce of the land sales would be applied to emigration, Villiers 1941 Facilities should be given to persons who are now inclined to purchase land, to take out from this time, if they choose, emigrants for the purchases they made, ILundle 1977, 1978— -The necessity of applying the whole of the land fund to emigration will depend upon the price at which land may hereafter be sold. Hill 2326,2327. 4. Mode of conducting Land Sales : Svstem of auction proposed instead of a uniform price. Rep. p. xj-xvi. xxii--- . J -i-'^.i;! : „f !„„/!„ „ ^^„=, mnat }invf> the first choiC 34] COLONIES. [j^Otttii Reports, 1841 — continued. Land Sales — continued. 5. Papers laid before the Committee i Statement of the yearly sales of public land in South Australia effected in England and in the colony, App. p. 218 Monthly statement of sales of public land in South Australia during 1839, and the first half of 1840, effected in the colony, App. p. 218, 219 Monthly statement of sales of public lands in South Australia, during the years 1839, 1840, effected in England, App. p. 219 South Australian Resident Commis- sioner's half-yearly Report to 30th June 1840, App. p. 295-297. Land Speculation. The South Australian Company have discouraged land speculation ; they have sold little of their own land, and have entrusted their manager with limited powers of sale, Wheeler 784, 785 The land speculation at the beginning was chiefly carried on by parties because they had nothing else to do, as the lands were not surveyed ; it has now nearly subsided, lb. 788 A low price encourages land speculation in distant parts of the colony, Wakefield 2900, 2901. See also Surveys, Land Surveying Staff, Letter, 8cc. Letter from the Commissioners, 10 May 1839, respect- ing the land surveying staff under Lieut. Frome, their appointed Surveyor-general, Em. p. 34 After the letter from the Commissioners, dated 10th May 1839, Colonel Gawler had no authority to exceed the expenses of Lieutenant Frome's staff in taking surveys. Terr ens 313-317 The general expenditure of Colonel Gawler was expressly limited by his instructions ; with respect to surveys he had an unlimited power until it was with- drawn on the appointment of a surveying staff,- lb. 318-322. Landed Securities, It is admitted in all charters of land companies, that they shall be empowered to make loans upon landed security, Angas 1825 ^The prohibition in the charter of the Australasia bank, from making advances on land, is beneficial both to the bank and to the colony, Brownrigg 2036-2038 It would be very imprudent in a bank to lock up its funds in landed securities, lb. 2039, 2040 It may be desirable for land owners to raise money on mortgage, but to a bank such security is most unsatisfactory, lb. 2041 If banks were to make advances upon such security, they would encourage land jobbing which is pernicious to the colony, lb. 2042-2044. Lefevre, John. Letter from J. Lefevre to W, Whitmore, m.p. dated 17 June 1834, containing Mr. Secretary Rice's conditions for the Government supporting the Bill of the South Aus- tralian Association before Parliament, App. p. 39 Letter from the same to the same, dated 1 2 July 1 834, suggesting certain alterations and modifications in the proposed Bill, App. p. 43, 44 Letter from J. Lefevre to W. W. Whitmore, m.p. dated 17 March 1834, relative to the proposed charter of Incorporation of the South Australian Commission, and stating that the proposition of the association must be modified, App. p. 33, 34 Letter from J. Lefevre to George Grote, m.p. dated 15 April 1834, signifying Mr. Secretary Stanley's approval of proposed Act, under certain modifications, App. p. 37. Legislative Council. Introduction of popular representation proposed, Hep. p. x. xx. Loans to the Commissioners: 1. Generally. 2. Discussions and Negodations relative to the raising of a Loan in 1840. 3. Amount of Loan required: probability and period of repayment. 4. Papers laid before the Committee. 1. Generally: In August 1839 the propriety of a loan was discussed, but the money-market was deranged at that time, and the matter was not then pressing, Hutt 1039, 1040 Amount that the Commissioners were empowered to borrow for the Emigration Fund under the first Act, and amount raised, lb. 1046-1049— — The only money borrowed by the Com- missioners was at the rate of lo per cent., a portion of which has been converted into annuities at 6 J per cent., lb. 1185-1187 Correspondence with Mr, Freshfield, solici- tor to the Cpmmissioners, as to the legality of raising money by bonds rfeceivable in the colony for land, Llliot 1329-1335 All that is required is a guarantee from Govern- ment in order that the loan may be raised at a low rate of interest, Whitmore 837-842 Government should be very cautious in giving facilities to a new colony to raise money at a low rate of interest, Whitmore 847 The Commissioners would not have thought it wise to put the colony to a heavy expense for interest while they had a large sum of money in hand, Elliot 920, 921. 2. Discussions and Negodations relative to the raising of a Loan in 1840 : The Commissioners by raising a loan they would not have saved the colony from ultimate insolvency. Rep. p. viii In consequence of their financial embarrassment, the commis- sioners applied to the Colonial-office for advice in July 1840; they received the sanction of the Treasury to raise 120,000 /. the remainder of their loan under the first Act, but were unable to do so, Torrens 78, 79 Witness denies that the Commissioners have any limit imposed by the Act upon their power of borrowing, as stated in their letter of 26tli August 1840, J6. 11 0-1 17 It was the duty of the Commissioners early in 1840, before the australift.] COLONIES. [35 Reports, 1841 — continued. Loans to the CoimuissioNERS—contmued. 2. Discussions and JVegociaiions— continued, the unauthorized expenditure of Colonel Gawler, to negociate a loan to repay the debt due to the Emigration Fund, lb, 158-164 If the Commissioners had contracted a loan of 120,000 I, early in 1840, none of these diflSculties would have occurred, lb. 201- 205- 3042-3059 — —Observations upon Colonel Torrens's evidence, Elliot 3125. The loan of 1 20,000 Z. might have been raised in July, had not the Commissioners waited for the authority of the Chancellor of the Exchequer for raising a larger loan, Torrens 210-212 A loan was not raised in the early part of 1840, beceuse it was not wanted, as the Commissioners had a surplus arising from the Emigration Fund, Elliot 615-617^^ — In June 1840 the affairs of the colony became critical, and the Commis- sioners thought it right to ask the advice of Government before they advertised for a loan, lb. 626 The crisis v/ould have been averted if the money which the Act author- ized to be borrowed had been raised in time, Torrens 213-215. 219-222. Directly the Commissioners received Lord John Russell's letter assuring them that Government would recommend Parliament to guarantee the repayment of a loan of 120,000 I. they advertised for the loan, Torrens 225-227 The Commissioners received only one tender for their loan of 120,000 I. from an insurance office, who undertook to lend the money when the Bill had passed through Parliament, lb. 228-230 -They then consulted the Chancellor of the Exchequer, who referred them to the Bank of England, lb. 231 Had the loan been negociated in November, the credit of the colony would still have been shaken, but much distress would have been avoided, lb. 286. The loan was not delayed too late to obtain it, but to the time at which it would not have been honest to take it, as the real state of the finances was then known, Elliot 634- 637 A loan of 60,000 I or 120,000/. in June 1840 would have been quite insufficient to avert the embarrassments, lb. 623-624 A loan of 120,000 /. early in 1840 would not have prevented the insolvency of the colony, lb. 638-641 If the Commis- sioners could have raised the money in July 1840, they would have replenished the Emigration Fund, before they paid their debts in this country, lb. 642 Witness was anxious to raise a lone in June 1840, while the money market was in a sound state and the colony in good credit, and not to lose time by previous communications with Govern- ment, Torrens 1900 ^Two forms of account put in by Colonel Torrens, to show whether or not a loan raised in June 1840 would have saved the colony from this crisis, Ev.p. 176. The Commissioners would rather have violated the Act than have conformed to it, if they had raised a loan earlier in the year, Villiers 1 924 If Government had been anxious for the welfare of the colony, the necessary funds might have been borrowed upon their guarantee and charged upon the colony, Wakefield 2602-260^ If the embarrass- ments of the colony had been relieved by a loan, they would only have been greater in the end, Wakefield 2985-2989. Witness did not shrink from the responsibility of recommending re-payment by the appointment of a Committee, but thought that the best mode of considering the question in Parliament, Chancellor of the Exchequer 342-346 Witness had no part in any transactions previous to the application of the Commissioners to him, lb. 350-351 The Government would not have been pledged to any particular course if the Commis- sioners had found persons willing to advance the money in the first instance, lb. 354 A misunderstanding arose in the city as to the nature of the guarantee explained in the advertisement for the loan, Awgas, 433-439, 446-447 There was much prejudice in the city against the colony itself, which increased the difficulty of raising a loan, lb. 448 There would have been no difficulty in obtaining the loan, had it not been for the prejudice existing against South Australia, lb. 456-467 An impression prevailed in the city that the guarantee offered by Government was not in the usual form, lb. 584- 685. 3 Amount of Loan required; probability and period of re-payment .- The period in which the loan may be repaid will depend upon the future operations of the colony, Angas 'j^'j A loan of 1 50,000 Z. would discharge existing habilities, and leave in the hands of the Commissioners 52,000/. for continuing emigration, Torrens, 154 If 240,000/. were authorised to be raised for the colony in five years, the colonists would be able to pay off the whole, together with their present debt, if they had control over the expenditure, Angas 503 — 506. 4. Papers laid before the Committee : Letter from Rowland Hill to Sir George Grey, dated 18 February 1836, respecting the proposed amendment of the Act to authorise loans by annuities, ^pi^- i?- 68 Letter froin J. Stephen to South AustraUan Commissioners, dated 25 February 1836, to submit draft of their proposed Bill for that purpose, App. p. 68 Letter from R. Torrens to Lord Glenelg, dated 1 June 1836, transmitting draft of Bill proposed by the Commis- sioners App. p. 69 Letter from J. Stephen to R. Torrens, dated 5 July 1836, with further' amendments required in the draft of the Bill, and deferring consideration of the ^ ' i^^'^' ' ' 3 «/ 2 Memorandum. 36] COLONIES. [S^out!} ^ Reports, 1841 — continued. Loans to the CoMBHssioNERS—contiaxxed. 4. Papers laid before the Committee — continued. Memorandum of agreement between the Colonization Commissioners for South Aus- tralia and Mr. John Wright, with reference to a loan of 41,000?., App. p. 180, 181- Copy of a letter from Rowland Hill to Mr. J. Stephen, dated 14 April 1837, respecting the contract with Mr. Wright for a loan of 41,000. 1, App. p. 181 Monthly statement of ways and means for the year 1840, on the assumption of a loan of 120,000 Z. having been raised in June, payable by equal instalments in the months of July, September, and November ; and also on the further assumption of one emigrant ship having been dis- patched in each of the months of September, October, and I^vember, App, p. 266. Monthly statement of ways and means for the year 1840, on the assumption of a loan of 1 20,000 Z. having been raised in June, payable monthly, by six equal instalments, com- mencing on the 1st July ; and also on the assumption that no emigrant ship was dispatched after August, App. p. 267. Letter from Colonization Commissioners to Lord John Russell, dated 7th July 1840, relative to the financial diflaculties of the colony, and proposing a loan of 120,000 /., App. p. 84 Letter from C. E. Trevelyan to J. Stephen, dated 18th July 1840, sanc- tioning the proposed loan of 120,000 Z., App. p. 91. See also Bank of England. Expenditure. Financial Embarrassments. Interest, Rate of. Lottery. About 60,000 acres have been put up for sale to persons whose priority of choice was determined by lot ; not more than half that land was taken up by the parties at the time, Hill 2388-2405. M'Gowan, Mr. In 1839 Mr. M'Gowan had a very excellent school in Adelaide, M' Shane 1459-1460. M. M'Laren Vale, Onkaparinga. In this vale there are 12 settlers who possess 2,000 sheep and 200 cattle, and 70 acres under crop, Rundle 1974. M'Shane, Alexander, m.d. (Analysis of his Evidence.) — Went out to South Australia in 1 839 as surgeon in an emigrant ship, remained there nine months as superintendent of emigration, and returned in consequence of an accident, 1367-1379 The soil near Adelaide, and for some distance up the hills, was very good, and cultivated in the usual manner, 1380-1388 If the population remained stationary, the colony would produce enough food for them in two years, 1389-1392 There is not much land in cultivation at a distance from Adelaide, 1393-1397 Average price of flour in the colony, 1398- 1404 The emigrants were chiefly small farmers and mechanics, and found ready -employment, 1405-1407 Rates of wages, 1408-1410 Cost of living, 1411-1413. The agricultural labourers were willing to go to farms remote from Adelaide, but per- sons from London found employment in the town, 1414, 1415 The labourers in the countiy have mere huts made of stakes, branches, and mud, 1416, 1417 The useful emigrants were all satisfied with their condition, except under particular circumstances, 1418, 1419 The climate is, upon the whole, salubrious ; there was no epidemic disease or malaria, and the people had good health, and looked healthy, 1419, 1420 In sum- mer, the temperature ranges from 70 to 1 05, and in winter is rarely under 40 or 50, 1421-1426 Diarrhoea and dysentery are the most prevalent diseases, 1627 Some of the emigrants are attacked by them on arriving, chiefly on account of errors in diet; from July to December there is least disease amongst them, 1429-1433 The emi- grants in witness's ship all landed in perfectly good health, 1434-1437. The best time for sailing is from February till June, 1438 There is more disease at the beginning than at the end of summer, 1440 Witness's emigrants principally from Cornwall, and a few from Norfolk; they were unexceptionable, 1441-1444 — The emi- grants are of sober and industrious habits generally, but there is a considerable consump- tion of spirits in the colony, 1445-1448 Out of several thousand emigrants, witness was only able to make out 20 as objectionable upon any ground, 1449-1451 ^The proportion of children amongst the emigrants was not large ; about one-half would be adults, 1452, 1453 Number of schools at Adelaide, and their description, 1454-1460 The aborigines are capable of being, educated to a certain point; there is a school for them at Adelaide, 1461, 1462. South Australia off'ers greater temptations than Canada to emigrants, 1463-1468 Witness never heard of more than one emigrant leaving the colony, 1469 The demand for labour and the supply were about equal, 1472-1475— —^Living was expensive at Adelaide; prices of food, 1476-1478 Payments were made in specie and paper; both were of equal value, and easily convertible, 1479-1495 House-rent in Adelaide was high, 1496 Witness's salary, 1497, 1498 Fuel is cheap, as there is abundance of timber in the neighbourhood, 1499-1504 The roads to the port and bay are sufB- ciently good, 1505 ^There are several market gardens to supply the town with vege- tables, 1507 Land has been sold for cultivation at loZ. an acre in the neighbourhood of the town, 1508. _, , Settlement austmia.] COLONIES. [37 Reports, 1841 — continued. M' Shane, Alexander, m.d. (Analysis of his Evidence)— continued. Settlement of Encounter Bay, 1509-151 1 Abundant supply of water in the colony, B T7^^u ^^^"^ ^^ export of wool and of oil, the produce of the Encounter liay j^ishery, 1517, 1518 In the hills, there is abundance of water for sheep and cattle, i5ig__The population of Adelaide and neighbourhood was between 7,000 and and 8,000 ; the streets are laid out for an increase, 1520, 1521 Public works in pro- gress, 1522 Abundance of brick-clay and lime, 1525, 1526. Ships cannot come within six miles of Adelaide ; position of the new port ; the town ^^J^l} situated for a capital, 1527-1537 The old port will be abandoned, 1538, 1539 - -"The south Austrahan Company were carrying on large undertakings, which were looked upon with favour by the inhabitants, 1 540-1545 Banks, and by whom managed, 1546-1554 Public institutions, 1555— — The hospital; how supported, 1554-1558 -The government-house was thought larger than necessary, 1558*-! 559 The public works were considered a misapplication of the funds of the colony, and tended to divert labour from the land, 1559*-I56i* ^The police was not greater than required on account of runaway sailors and convicts, 1 562-1 576 There are no means of excluding convicts, or of apprehending them except for crimes, or on a warrant from a magistrate in New South Wales, endorsed by a magistrate of South Australia, 1577- 1584. The aborigines are generally well treated by settlers, and are not hostile, 1585-1589- Their condition, habits, and intelligence, 15-90-1602 There are several settlers having considerable capital, 1603-1609 Clothing is all imported from England, 1610-1612 Good shops and streets in Adelaide, 1613, 1614 ^The houses of the labouring population compared with English cottages and houses in towns, 1615-1626 Places of worship, 1630-1635 German settlers, 1637-1646 Abundance of cheap iish, 1647-1649 Several ships belong to settlers, 1650-1652 The whale fishery is carried on by boats, 1653-1656 Game and poultry, 1657-1659 Horses are princi- pally from Van Diemen's Land, 1660 ^-The public buildings were commenced too soon, 1661-1664. Thesystem of special surveys was unnecessarily expensive, 1665-1673. If the present financial difficulties were removed, the resources of the colony would in future defray its own expenses, but not perhaps the interest of its debt, 1674-1676. 1679-1682 Land might be sold at more than i /. an acre, to defray the cost of surveys, but not much, or settlers would go elsewhere, 1677, 1678. Mann, William. (Analysis of his Evidence, j — Visited South Australia in December 1838 for about three weeks, to see if it was better than other colonies, 2126 Formed the opinion that about four-fifths of the land in the province is bad, and that the special sur- vey system would take away all the good land, and leave the bad for those that come after, 2127-2132. 2140-2148 The population was then about 6,000 or 8,000, but several people have left the colony for Port Phihp, and some even returned in the same ship, 2135—2136 Witness formed an opinion that the colony would soon come to stand still for want of revenue, and that all the good land would be appropriated, leaving the rest almost valueless, 2137-2139 It appears from newspapers that ships have sailed from Adelaide with emigrants for New Zealand, 2149-2152 A great number of ships ply between Adelaide and Van Diemen's Land ; the voyage is about 10 days, 2157, 2158. There is no jealousy of South Australia on the part of the other Australian colonies. 2165, 2166 There is a great export of wheat from Van Diemen's Land to South Australia, 2167-2170 Colonel Gawler's description of the soil of South Australia is highly coloured, 2171, 2172 The only crop of wheat witness saw was about two acres, and so thin, that it might have been mowed with a scythe, 2174 It was said to be some of the best land, 2183-2186 The mineral productions were not thought promis- ing, 21 76, 2177 There have not been many complaints of persons emigrating from Van Diemen's Land to other Australian colonies ; if wages are higher in any colony, people will go there, 2182 The land is better adapted to pastoral purposes, as in the other Australian colonies, 2187-2191 The people were gambling in town allotments instead of cultivating the land, which was very prejudicial to their interests, 21 95. Marhle. In the Barossa range, at a distance from the port of Adelaide of about 35 miles, there is a very superior description of marble, Angas, 1735-1737. Market-gardens. There are several market-gardens in the neighbourhood of Adelaide, for the supply of vegetables, M' Shane 1506, Marriages. The natives have a practice similar to the Jews, that, when a man dies, his brother takes his wife, Angas 2417. Masons. In 1839, masons found ready employment on their arrival in the clony, at the rate of la s., 14s., or 15s. a-day, M' Shane 1408, 1409. 0.21. 3*^3 • 38] COLONIES. [Soutfj Reports, 1841 — continued. Meat. In 1838, witness paid 1 s. per lb. for meat. Driver 2491 In 1839, beef and mut- ton were very plentiful, and could easily be obtained at 10 d. a. pound, in any quantity, M'Shane, 1477 Price of, in South Australia, App. p. 246. Mechanics' Institute Literary Society. At Adelaide there is a Mechanics' Institute Literary Society, M' Shane 1555. Melbourne. In the formation of the town of Melbourne, at Port Phillip, the land was sold by auction according to its value ; country lots averaged 10 1, an acre. Hill 2369 In the case of Melbourne the land was pointed out and surveyed, and persons knew what lots they were bidding for, Wakefield 2659. Menge, Joseph. Topographical collection of rocks and minerals, from the ranges of hills in South Australia ; by Joseph Menge, App. p: 205-207. Mills, Samuel. (Analysis of his Evidence.) — Colonization Commissioner for South Australia till the dissolution of the late Board, 978-980 The letter dated 9th December 1839, desiring an interview with Lord J. Russell respecting the remuneration of the com- missioners, was not authorized by the Board, 981-987 It was an understood condition, when commissioners accepted the o6Bce from Lord Glenelg, that they were not to receive any salary, 988-990 A proposition was made for the payment of coach-hire to the commissioners, but the majority decided against it, 991-995 The object of the inter- view sought for by the commissioners was the general state of the colony, and Colonel Torrens had no authority for the letter he wrote, 996-1000 Witness was not aware of Colonel Torrens's application until the answer of Lord J. Russell, stating his intention of appointing new commissioners, 1001-1003. Minerals in South Australia. There are not less than a hundred species of minerals in the colony, ^wgas, 1740 The mineral productions of the colony in 1838 were not thought promising, Mann 2176, 2177. Meyer, Mr. (Extract of letter from Mr. Meyer, dated 15th August 1840.) — " A spacious school-house has been erected by Government, in which the missionaries instruct a number of the neighbouring native children in singing, spelling, and reading their own language ; we are truly gratified with the black half-naked little creatures, their good conduct and attentive countenances," ^wgas 2416. MonteJiore,Mr. Corrections in the draft Mr. Montefiore's letter of the 8th January 1841, Torrens 1904-1916. Moral Condition of the Colony. The religious and moral condition of the colony, for a new colony, is very good ; the only serious evil in it is in the convict refugees from the neigh- bouring colonies, Angas 1877-1878. Matte, Mr. Standish. There is a very valuable code of laws for the natives, drawn up by Mr. Standish Motte, Angas 2444. Mount barker. In the district of Mount Barker, about 24 miles from Adelaide, there are some farms of considerable extent, M'Shane 1395, 1396 It is 30 miles from the nearest coast, M'Shane 1513 Land has been sold in the district as high as 8Z. an acre, M'/SAane 1508 The district contains 500 acres crop, 200 sheep, 1,800 cattle, Rundle 1974. Municipal Corporation Act for Adelaide. By the Municipal Corporation Act for Adelaide, no man is allowed to vote who does not occupy to the extent of 20 /. a year, and no man is qualified to hold office who does not occupy to the extent of 50Z. a year, Rundle 1971 Municipal Corporation Act for the City of Adelaide passed the Legislative Council of South Australia 17th August 1840, App. p. 207-215 Schedules referred to in the Municipal Corporation Act for the City of Adelaide, App. p. 215. Murray River. A portion of the land between the Gulf and the Murray is sold, Angas 1868 The river Murray was navigated by Captain Sturt in boats from the top to the bottom, Angas 1870. N Napier, Colonel Charles James. Letter from Colonel Napier to the Colonization Commis- sioners, dated 28th May 1835, for South Australia, resigning the governorship of tlie colony, App. p. 53. Navigation of Riven. The South Australian Company had to encounter the difficulty of exploring the first navigation of the rivers, Angas 364. Necessaries of Life. Prices of, in South Australia, App. p. 246. New South Wales. Estimate of the revenue of New South Wales as compared with the population in 1835 and 1838, Elliot 925. au«tralia,j COLONIES. [39 Reports, 1841 — continued. New Zealand. There has been very little emigration from South Australia to other colonies = there is little intercourse with New Zealand, Angas 404-406 Number of vessels that hav e sailed from South Australia to New Zealand ; tonnage ; number of passengers, Angas 1733,1734 Number of vessels that have arrived in South Aus- tralia trom New Zealand since the estabUshment of the colony ; tonnage ; number of passengers, Angas 1733 It appears from newspapers that ships have sailed from Adelaide with emigrants for New Zealand, Mann 2149-2152. "The cost of clearing land in New Zealand is estimated at from 20 1, to 30 Z. an acre, WAitmore 906 In New Zealand the land is sold at the uniform price of 1 1, an acre, Wafe/eZd 2708-2711 It would be as easy to sell land in New Zealand for 3 Z. an acre as for 1 1, Wakefield 2721 Great mischief will arise there from the want of sur- veys ; a survey must precede the actual giving possession, Wakefield 2712-2713. North Arm. Most of the ships water at North Arm in the harbour of Adelaide ; the water is not very good. Fell 2818-2824. O. Officers in the Colony. The ineffectiveness of the oiEcers sent out arose partly from divided responsibility, and partly from the limited chance there was among persons emigrating to an unexplored colony, ^i7Z 2276-2280. Oil. There has been an export of oil, the produce of the Encounter Bay fishery, from the colony, M'Skane 1518. Outfit of the Colony. The outfit of the colony might have been provided by a loan raised at a low rate of interest if a survey had been made of the colony before its settlement, as persons lending money would have known the nature of their security. Hill 2293-2308. See also Expenditure. Overtrading. It has been apprehended lately that there has been overtrading in the colony, Brownrigg, 206 1. Palmer, George. (Analysis of his Evidence.) — One of the Board of Colonization Com- missioners for South Australia till its dissolution, 1282 Each of the commissioners was required by Lord Glenelg to engage to serve gratuitously, and to give six months' notice before he relinquished ofl5ce, 1283 The letter written by Colonel Torrens, re- quiring an interview with Lord John Russell, did not state the view of the commissioners in mentioning the salaries of the commissioners, 1283-1291 The Secretary of State would naturally infer from that letter that the commissioners wanted remuneration for their services, 1292 In reply to it a letter was received from Lord John Russell, stating that the whole commission were dismissed, 1293-1296 The truth is, that an attempt was made to make the commissioners ask for salaries, and it failed, 1297- 1299- With respect to Colonel Torrens's salary as chairman. Lord Glenelg would not decide until he had had the opinion of each of the commissioners, 1300-1302 He received his salary from the day on which the commission was gazetted, 1304 If witness's opinion as to the pavment of the commissioners had been asked, he would have suggested two guineas for the chairman, and one for each commissioner who attended a Board, 1305 ^The Boards were held ouce a week, 1306. Palmer, George, m. v. Letter from Mr. George Palmer to Colonel Torrens, dated Nazing, 6 July 1835, desiring the insertion of his son's name in lieu of his own as a commis- sioner for South Australia, Jpp. p. 49. Parker, John, m. p. Letter from J. Parker, m. p. to the Lords of the Treasury, containing a report on the financial circumstances of the colony, App.p. 109. Park Lands, Adelaide. Memorandum : By a despatch from the Colonization Commis- sioners, dated 1st September 1838, Colonel Gawler was authorized to purchase the park lands around Adelaide, without specifying any particular sum, App. p. 238. Parliamentary Committee. The intervention of a Parliamentary Committee could not affect one way or the other, the obligation which the Government would have under- taken. Chancellor of the Exchequer, 347, 348 A Committee might not have been satisfied with the expediency of having made an advance, but could not have recom- mended that public faith should have been broken, Chancellor of the Exchequer, 356. 0.21. 3<^4 4o] COLONIES. [Soutl^ Reports, 1841 — continued. Pennington, James. Minute by James Pennington on the subject of the finances of South Australia, App.p. 220-223. Police Establishment of the Colony: 1. Generally. 2. Papers laid before the Committee. 1. Generally: There was no necessity for a large police force; the people ought to have protected themselves, Torrens, 190-193. A considerable reduction might take place in the po- lice ; it has been an unreasonable pressure upon the colony that they should have a police strong enough to resist the influx of convicts from the interior, Angas 523 A strong police force is necessary, and they are obliged to be mounted for the border stations ; there are runaway convicts and disorderly sailors to protect the settlers from, Elliot 682- 684. The police should be paid by some direct taxation, and the colonists would then keep just the force that was found necessary, Elliot 687 ^The police should be provided for by local taxation, Rundle iQ 52 If troops were sent to the colony the police force would be equally required; it is found necessary in New South Wales, Elliot 700, 701 The large police force is rendered necessary by the escape of con- victs from the penal settlements, which was not anticipated, and which is a hardship upon the colony, Whitmore 875-887 In any new colony a considerable police force must be required to maintain the public peace, Whitmore 888-896. Charge for police in South Australia, as compared with New South Wales and Van Diemen's Land, Elliot 936-952 Wages of police compared with wages of labourers, Elliot 1353-1356 The wages of the constables seem to be much higher in South Australia than in Van Diemen's Land and New South Wales, Elliot 1353 The police ,is not greater than required, on account of the runaway sailors and convicts, M' Shane 1562-1576 The police could not be reduced unless some more stringent means were employed to prevent the entrance of bad characters into the colony, M'Shane 1680 In consequence of the dishonour of the Governor's bills, the police will be discharged, and the property and lives of the inhabitants must of course be greatly endangered, Angas 420. 2. Papers laid before the Committee: Memorial of the force to the commissioners of police. City of Adelaide, South Aus- tralia, App.p. 99 South Australian resident commissioner's half-yearly report, to 30th June 1840, App. p. 294 Morning states of the mounted police for the weeks ending 20 December 1840 and 3 January 1841, App. p. ^12 Morning states of the metropo- litan and port police for the week ending 27 December 1840, App. p. 2^3 Morning reports for the week ending 27 December 1840, with the name, crime and punish- ment, App. p. 313 Morning states of the metropolitan and port police for the week ending 3 January 1841, App. p. 314 Morning reports of the metropolitan and port police for the week ending 3 January 1841, with the name, crime and punishment, App. P- 314- Population of the Colony. Amount of population of the colony according to the last advices, Torrens 87, Ev.p. 9 The population of the colony is about 14,000, Angas 403 Estimate of the revenue of South Australia,, as compared with the population, ElHot 923 The population of Adelaide and neighbourhood in 1839 was between 7,000 and 8,000; the streets are laid out for an increase, M'Shane 1520 In Decem- ber 1838 the population was then about 4,000 or 5,000, but several people have left the colony for Port Phillip, Mann 2135, 2136. Return intended to show the probable population of South Australia, at the end of 1838, 1839 &■ 1840, as far as can be estimated from the known immigration from othes places ; the results confirmed by extracts from the resident commissioner's despatches, App. p. 217. Ports of South Australia. The present port at Adelaide is in every respect a good one ; it, has been removed a mile lower down than it was. Trimmer 1268 The old port of Adelaide will be abandoned, M'Shane 1538, 1539 In the new port of Adelaide there is a depth of water for vessels of 500 tons at low water, Bundle 1946, 1947 Deptl> of water at the new port ; the current is strong where there are spring tides, /<>// 2805- 2807 A, ship. of the size of the Catherine Forbes (457 tons) can lie with safety within about 20 yards of the new port. Fell 2794-2804 In 1839 the Catherine Forbes (457 tons) lay a-breast of the new port. Fell 2836-2838' The expense of carrying goods from the landing-place to the town is greater from the new port than the old, Fell 2862-2866 Extract from the South Australia Register, dated Adelaide, 17th October 1840, on the opening of the new port, Jpp.p. 315-320. See also Adelaide Harbour. Port Lincoln. austraUa.] COLONIES. [41 Reports, 1841 — continued. ■fort Lincoln. Is described as a most splendid harbour, with 3,000,000 of acres of rich sou, Elliot, 736 There is a tribe of aborigines, consisting of above 100 persons, at Port Lincoln, Angas 2411. Fort Philip. In the case of Port Philip the Government has obtained the premium upon land instead of individuals, but the circumstances were very different from those of South Australia, Wakefield 2652-2657 The same system in the latter place would not have realized an equal profit, as there would not have been the same competition, Wake- field, 2658, 2659 Tlie new settlement in Porth Philip, close to South Australia, will be beneficial to the colony, Elliot 3038, 3039. Portland Bay. Copy of a despatch from Governor Sir George Gipps to Lord John Russell, dated Syndey, 27 October 1840, stating the circumstances under which it would be necessary to form a government establishment at Portland Bay, App. p. 276. Potatoes. Potatoes are now grown in South Australia to a considerable extent, and seem to succeed very well, Angas 1856. Poultry. There is a great quantity of poultry in the colony, M'Shane 1658. Price of Land: 1. Propriety of a fixed Price considered. 2. Importance of establishing a sufficient Price. 1. Propriety of a fixed Price considered: Competition preferred to a fixed price by the Committee, Rep. p. xi-xvi. xxii The increased price of land is caused by the prosperity of the colony, and not by speculation, Tn'mTwer 1273-1277 The high price of land is not peculiar to South Australia, but is equally high at Sydney, where in some cases the Government, and in others individuals, have the benefit of it, Rundle 1979-1989' In New South Wales the public get the benefit of the high price of land; in South Australia individuals get the benefit, Rundle 1982 It is desirable that there should be as much uniformity as possible in the price of land in different but neighbouring colonies, to prevent emigra- tion from one to another, Wakefield 2704-2707 — '■ — A fixed price for land is preferable to a price varying according to its quality ; persons purchasing in this country would be unwilling to run the risk, unless they had a chance of getting land of a high value. Hill 2361-2370 Tlie consequence of a uniform price is, that the best lands in point of fertility and position come first into occupation and cultivation ; this was contem- plated by Mr. Gibbon Wakefield, Hill 2371-2380 A fixed price causes the land to be occupied in the ordinary course ; there would be no advantage in inducing persons to occupy land of inferior fertility, Hill 2381-2387 In the United States, the price at which the land is sold, although put up to auction, is practically very httle higher than the minimum, Wakefield 2634-2637. Private persons had the benefit arising from enhanced prices, which the Government might have secured, as in the case of Melbourne; but then there might have been no colony at all, as there would have been no inducement to purchase, Wakefield 2614- 2631^ Before a colony is founded land has no marketable value; when the property of particular individuals has been determined, then superior position possesses a market- able value, Wakefield 2633. 2. Importance of establishing a sufficient Price: The minimum price should be immediately raised, and afterwards from time to time, Eep.p.xviii. xxii Letter addressed by witness to the commissioners, 2d June 1835, as to the price of land to be fixed, the necessity of fixing a sufficient price in the first instance, and the principles which should be kept in view in managing sales of land, Wakefield, Ev. p. 232-239 If the price of land had been fixed in the first instance at 20 «. an acre mstead of 1 2 s., an equal number of persons would have emigrated upon speculation, Wakefield 2608-2610 If a proper price were put upon land in a new colony, the pro- ceeds would be sufficient not only for emigration but for the repayment of any debt, tiie Government establishments, and improvements, until the country became entirely settled, Wakefield 2^i'7~i'j2Q Land might be sold at more than 1 1, an acre to dehay the cost of surveys, but not much, or settlers would go elsewhere, M'Shane 1677-1678 The price should be gradually raised till the state of the colony shows that the proper pomt has been arrived at, FaAcAe^tf 2730. 2732. „ . ,. , • f . ■ m Land would sell lor 2 1, or 3 I. an acre, as well as it did some years since tor 5s.m JNew South Wales, Wakefield 2896 Principle upon which a medium price might He determined, Wak^ld 2897-2899 A low price of Tand throws away much public woperty, Wakefield ^qoi The price of land should be gradually raised beginning at 2 Z. as tlie minimum, Wakefield 2905-291 1 An Act should be passed d.sabhng Govern- ment from again lowering the price, VFafe^eZd 2912-2915- , ,Ji The sale oflands should be managed by an officer of this country, who should keep the same minimum price in all the Australian colonies, T^aAjAeZrf 2916-2921-— The maximum price would depend upon the competition, Wakefield 2922, 2923 The use 0.21. 3^ 42] COLONIES. [^outti Reports, 1841 — continued. Price of Land — continued. 2. Importance of establishing a sufficient Price — continued, in the price of land would at first diminish the sales, and induce individuals to sell their lands, thus giving a double check to emigration, Wakefield 2924-2936 If the price of land were increased, confidence would be raised in the success of the colony, and the proportion of lands now appropriated is comparatively small; persons also would prefer buying land, the price of which would be applied to emigration, Wakefield 2937-2949 No check was sustained by New South Wales in 1831 from the increased price of land, but an impulse was given, Wakefield 2956-2962. The price of land has been too low in South Australia, and labourers taking advantage of it have clubbed together and bought land, instead of working for hire, and have thus raised wages enormously, which is a great evil, Wakefield 2696-2703. See also Auction. Clearing Land. Land Sales. Surveys. Town Lands. Value of Lands. Proceedings of the Committee, Rep. p. xxiv. et seq. Production and Exports. The object of the South Australian Company has been to assist the resources of the colony, and have used caution in fostering none but proper commer- cial transactions, or such as would promote production and exports, Wheeler 784. Promissory Notes. Notes as low as 10 s. were issued by the South Australian banks in the first instance, for the convenience of the colony ; the company will not issue any more as low as that, ^«gas 1834-1838 The bank of Australasia issues no promissory notes lower than 1 I., Brownrigg 2084-2089 Small quantity of notes issued in proportion to the circulation in all the Australian colonies; no pains are taken either to increase or limit the issue, Brownrigg 2090-2098 It is a wholsome regulation that no notes should be issued below 1 L, Brownrigg 2099-2101 The amount of notes in circula- tion at Adelaide has hardly increased in proportion to the discounts, Brownrigg 2102. Prosperity of the Colony. Opinion that the success of the colony has been complete, Whit- more 817-819 It has surpassed witness's expectations, Whitmore 820, 821 The colony 18 months ago was in a prosperous state. Hill 2312 Explanation and enlargement of answer to question 2312, as to the prosperity and resources of the colony when witness left the commission. Hill 3126. Provisions. The colony grows about half its vegetable food, Torrem 293-301 If the population remained stationary, the colony would produce enough food for them in two years, M'Shane 1389-1392' Comparisons between the supply of food in the colony and the population, Jngas 1776-1779 A famine maybe apprehended two months after the discredit of the colony, Torrens 303-305 -Means taken on the first settle- ment in the colony to bring in provisions from the neighbouring colonies, Angus 364 The company sent out ships with provisions every three months from the Elbe, Angas 416 The price of provisions had fallen to the extent of one half at the date of the last advices, Angas 417, 418. In 1838 about is. per pound was the price for all kinds of meat. Trimmer 1272—— Cost of living in the colony in 1839, M'Shane 1411-1413. 1476-1478 Statement drawn from the report of the price current up to Septiember 11th, 1840, of the price of provisions in the colony,, Angas 1857, 1858 Prices of various kinds of provisions at Adelaide in 1838, Driver 2491, 2492 Prices of, in South Austraha, App.p. 246. Provisional Committee of the South Australian Association. Copy of letter from the provi- sional committee to the Right Hon. E. G. Stanley, dated 7 February 1834, containing a draft of a proposed charter for the South Australian Commission, with some introduc- tory remarks, App.p. 21-33. Public Works and Buildings. A considerable charge may still have to be incurred in public buildings ; the state in which many are that have been commenced is still unknown, Elliot 688-693 The expense of public buildings should not be charged upon the emigration fund, but ought to be borne by the colony itself, Hutt 1020 Distress will be suffered bv the discontinuance of the public works, Torrews 287-291 Instructions contained in the third report, directing Colonel Gawler to submit to the Commissioners estimates of public works before he undertook them, Torrens 323, 324 Public buildings still remaining to be constructed, and probable expense, Elliot 964, 965 Public works in progress in 1839, M'Shane 1522. The public works were considered a misapplication of the funds of the colony, and tended to divert labour ftom the land, and thereby keep up the price of food, M'Shane i559*-i56i* The public buildings were commenced too soon, M'Shane 1661-1664 If the money has been judiciously laid out for those purposes, nothing more will be required for a long time, Rundle 1958 The chief expenditure for the erection of public buildings and works in the colony was incurred in this country ; the materials were sent out in as finished a state as they could be forwarded for the purpose. Hill 2218 — South Australian resident commissioner's half-yearly report, to 30 June 1840 App. ■p. 293, 294.-^ See also Government House. Roads. auettalia.] COLONIES. [43 Reports, 1841 — continued. R. Beceipt and Expenditure. Statement of J. A. Jackson, colonial treasurer and account- ant-general, of expenditure and receipt of the colony, for the quarter ending 31 Decem- ^r 1839, -App- p- 99-101 Abstract of receipts and expenditure of the Colonial Crovernment, for the quarter ending 31 December 1839, ^Pp-P- 133- Redemption of Land. The price of redemption of land from the South Australian Com- pany IS 1 /. 10s. per acre, Angas 745. Reserves/or the Natives. It is highly desirable that in future sales of land a portion should be reserved for the use of the natives, M' Shane 1590 The suggestion in the first report of the Commissioners, that a proportion of the land should be given to the natives, could not be carried into effect without violating the law, Angas 2436-2439 The protector in the colony should have the power of setting apart a small portion of land to the natives only when they show a disposition to cultivate, and the proportion of that land should be increased in the ratio of their good conduct and industry, Angas 2441- 2444. Resident Commissioner. Instructions to the resident commissioner of South Australia in regard to the receipt and expenditure of the public money, Jpp.p. 230-232. See also Governor of the Colony. Revenue of South Australia. Rate per annum yielded by the ordinary revenue of the colony, Torrens 87, Ev.p. 9 The colonial revenue had risen to nearly 30,000 1, a year, and there was 20,000 1, in addition upon which Colonel Gawler had authority to draw, Torrens 197-199 The security of the colonial revenue would be very deficient even to provide for the payment of the interest of the debt, Elliot 722, 723 Prospects of an increased revenue, Elliot 728-730 Statements of the revenue in different quarters of 1839 and 1840, showing a progressive increase, Elliot, 651-660. A debt was contemplated in the case of South Australia, but only on the security of its own revenues, Whitmore 832-835 Considering the short time the colony has been established, its rapid progress and the few sources of taxation yet in existence, there is no doubt that the revenue will meet all expenses and the interest of the debt, Whitmore 836 A great increase of population and capital are to be expected ; more taxes could be imposed and the expenditure reduced, so that the revenue could meet the debt, Whitmore, 848-860 Estimate of the revenue of South Australia, as compared with the population, Elliot 923 Witness never thought it necessary for the com- missioners to exercise an absolute control over the revenue of the colony raised by taxes, Hutt 1063-1066. The expectations originally formed of the amount of the revenue have not been dis- appointed, Hutt 1067-1070 If the present financial difficulties are removed, the revenue may be expected to increase in proportion to the population, Hutt 1146-1148 Any increase of expenditure beyond the sum provided by the commissioners was expected to be met by an increasing colonial revenue, Hill 2210-2213 A diminution of revenue may be at first anticipated on account of the financial difficulties, Angas 547> 548 How far the revenue is likely to be injuriously affected by the curtailment of the Government expenditure, Elliot "jig. Return of the amount of revenue raised from the customs and wharfage dues in South Australia during the period from 1st January to 30th June 1839, ^^' P- ^79 Similar return from 1st July to 31st December 1839, -^^-P' 179> 180 — ^The current revenue of the colony may be estimated at 40,000/. a year, Rundle 1954 In 1838 witness formed an opinion that the colony would soon come to a standstill for want of revenue, and that all the good land would be appropriated, leaving the rest almost valueless, Mann 2137-2139 -Public revenue of South Australia for 1839 and the first quarter of 1840, App.p. 216. See also Deht of the Colony. Finances of the Colony. Revenue Bonds. Revenue bonds payable for land, App. p. 223, 224. Revenue Security. South Australia colonial revenue security, 4 & 5 Will. 4. c. 95; 1 & 2 Vict. c. 60, App.p. 224, 225. Rice, Right Honourable T. Spring. Conditions of Mr. Secretary Rice upon which Her Majesty's Government will approve the introduction of the proposed Bill of the South Australian Company into Parliament, App, p. 39. Roads. Colonel Gawler has spent money upon roads; but these should be made and supported by local assessments or by contributions of labour, Elliot 694-697 — ■ — A charge upon the revenue for making roads is quite unnecessary; in every colony the residents along the hne ought to make the road, jBffio^ 698 The general revenue ought not to provide for ordinary roads, but there may be roads which Government ought to assist in constructing, Elliot 965, 966 The roads should be provided for by local taxation, Rundle 1952. 0.21. 3^2 From 44] COLONIES. [S«JUt||. Reports, 1841' — continued^ Roads — continued. Prom the borders of the old settled part of New South Wales to Port Philip, 300 miles, there is a road which may be travelled in any wheeled carriage in the colony, that has not cost a single shilling to the public funds, Elliot 698 The company made cash payments for a road constructed by them across a swamp, Wheeler 781 ^The roads to the port and bay of Adelaide are sufficiently gbqd, M' Shane 1505 Letter from Colonel Gawler to the Colonization Commissioners, dated Adelaide, 24th November 1840, respecting the opening of the new road to the new port, App.p. 265, 266. Royal Grants. Abstract or description of certain powers granted by the Government of England to individuals or bodies corporate for the foundation and government of colo- nies, App. p. 23. Bundle, John, Esq. m. p. (Analysis of his Evidence.) — Connected with the South Aus- tralian Company, 1942, 1943 — ^Concurs entirely in the statements of Mr. Angas, 1944» ig45 Number of town acres held by the company; number that were original purchases, 1946 ^Value of the new port at Adelaide, 1946, 1947 The police and roads should be provided by local taxation, 195a Current revenue of the colony, 1954 ^The land sales should be held liable to the expenses of surveys, 1955 If the money for public works has been judiciously laid out little more will be required for a long time, but they have been pressed forward with undue rapidity, 1957—1960. If the surveying staiFhad gone out before the colonists, the survey might have been made at one-third the cost, 1961 Hardship of making the colonists liable for losses arising out of circumstances over which they have had no control ; propriety of giving them control over the expenditure, 1962-1970 Qualification under the Municipal CorporationAct of Adelaide, 1971-1973 Facts illustrative of the progress of cultiva- tion and the settlement of the colony, 1974, 1975 Shipping at Port Adelaide 1976. Facilities should be given to parties buying land in England to take out emigrants of their own choice for the purchases they make, 1977, 1978 The high price of land is notpecuhar to South Australia, but is equally high at Sydney, where in some cases the Government, and in others individuals, have the benefit of it, 1979. 1989 An equal proportion of males and females is now required to be sent out to Australia, and fully one-half of the persons sent out have been females, 1989-1991. Rundle, John, m.p. Papers delivered in by John Rundle, m.p., App. p. 207-215. Mussell, Lord John. Deputation to Lord John Russell ; his Lordship's anxiety to give assistance to the colony, Angas 427-432' In reply to the letter of Colonel Torrens, a letter was received from Lord J. Russell, stating that the whole commission were dis- missed, or to that effect, Palmer 1293-1296 Letter from his Lordship to the com- missioners, dated 5th November 1840, transmitting the Treasury Minute of 3d November, stating the guarantee to be given by Government to enable the commissioners to raise a loan, and stating that the commissioners are not to expend money raised under such guarantee, without specific authority from the Board of Treasury, ^^p. p. 122 Letter from to Governor Gawler, dated 26th December 1840, notifying his recal, and the ap- pointment of Captain Grey as his successor, App.p. 135 -Letter from to Captain Grey, dated 2yth December 1840, with instructions with respect to correspondence, special surveys, &,c., App.p. 149, 150. Copy of despatch from Lord John Russell to Colonel Gawler, dated 13th July 1840, transmitting report of commissioners on the financial difficulties of the colony, and calling for explanation, ^pp. p. 90, 91 — ^-Letter to the Colonization Commissioners, dated 23d December 1839, dissolving the commission, and formation a Board of three salaried commissioners, for general purposes of land sales and emigration, App.p. 83. S. Salaries of Officers in the Colony: 1. Generally. 2. Papers laid before the Committee. 1. Generally: There will be an end of the government, as, in consequence of the dishonour of the Governor's bills, he will obtain no further credit, and therefore cannot pay the salaries of the officers, ^Mgas 420 The increase in the salaries of public officers is, unneces- sary, Angas 524 ^The payments made for salaries of the public officers in the last quarter of 1839, exclusive of the surveys, were at the rate of 20,000 Z. a year, Elliot 664 Salaries could not be reduced but should rather be increased ; some officers are very much underpaid ; the judge receives only 500 /. a year, Elliot 665-668. 2. Papers laid before the Committee : Present establishment in South Australia, together with the salary and charges autho- rized and actually paid, App. p. 147 Report of the Board appointed bv the Governor to augttalia.] COLONIES. [45 Reports, 1841 — continued. Salaries of Officers in the CoLoivy— continued. 2. Papers laid before the Committee — continued, to ascertain the prices of the necessaries of life in the province (including servants' wages, food, clothing, and house-rent), with reference to a revision of the salaries at present paid to the various public officers and clerks, and for reporting to the Governor what amount of salary they would recommend to be allowed by the Government to each public servant, App. p. 245-248 Present and proposed salaries of officers, App. p. 247, 248. Salaries of the Commissioners. It was an understood condition, when the commissioners accepted the office from Lord Gleneig, that they were not to receive any salary, Mills 988-990 — — A proposition was made for the payment of coach-hire to the commissioners, but the majority decided against it. Mills 991-995 ^The letter dated 9th December 1839, desiring an interview with Lord John Russell respecting the remuneration of the commissioners, was not authorized by the Board, Mills 981-987 ^The object of the interview with Lord John Russell, sought for by the commissioners, was the general state of the colony ; Colonel Torrens had no authority for the letter he wrote, Mills 996-1000 Witness was not aware of Colonel Toriens's application until the answer of Lord John Russell, stating his intention of appointing new commissioners. Mills 1001-1003. The letter written by Colonel Torrens, requiring an interview with Lord John Russell, did not state the views of the commissioners in mentioning the salaries of the commis- sioners. Palmer 1283-1291 ^The Secretary of State would naturally infer from Colonel Torrens's letter that the commissioners wanted remuneration for their services. Palmer 1292 — ^The truth is, that an attempt was made to make the commissioners ask for sala- ries, and it failed. Palmer 1297-1299. With respect to Colonel Torrens' salary as chairman. Lord Gleneig would not decide until he had had the opinion of each of the commissioners, Pa/mer 1300-1302 — ■ — Colonel Torrens received his salary from the day on which the commission was gazetted. Palmer 1304 If witness's opinion as to the payment of the commissioners had been asked he would have suggested two guineas for the chairman and one for each commissioner who attended a Board ; the Boards were held once a week. Palmer 1305, 1306. Evidence respecting the correspondence of the Board with the Colonial Office on the subject of remuneration to the commissioners; letters produced; members of the Board present upon diffi3rent occasions, Torrens 8^ Gliddon 1887 1900 ^Letter from R. Torrens to J. Stephen, dated 22 December 1837, '" which the commissioners requested an interview on the question of their remuneration, App. p. 81. Sailing of Emigrant Ships. The best time of sailing is from February till June, M' Shane 1438. Savings Bank (Adelaide). There is a savings bank at Adelaide,^ M'5/ia«e 1555. Self-supporting Principle. South Australia has never been a self-supporting colony, and has never been called so by witness, Wakefield 2584 South Australia has been the only colony founded, governed, and protected without any charge to the mother country, Elliot 967-970 Witness is still of opinion that the colony will be able to be carried on upon the self-supporting principle. Hill 2289-2292 The self-supporting prin- ciple will not have failed in South Australia if the colony is ultimately able to discharge all its debts Hill 2346-2360 Copy of a despatch from Lieutenant-colonel Gawler to the Secretary of State for the Colonial Department, dated Adelaide, 15 December 1840, with regard to Colonel Torrens's intention to maintain in reference to the self-support- ing system, App. p. 289, 290. Sheep It would appear by the last advices that sheep and cattle in quick succession were arnving overland from New South Wales, Torrens, 8y, Ev. p. 9 In England there are two and a half sheep to one inhabitant; in South Australia there are 12 sheep to one person, Angas 1777. See also Flocks and Herds. Sheep Farming. Sheep farming is the most profitable thing to which colonists can turn their attention, Angas 1779- Shepherdson, Mr. Mr. Shepherdson has an excellent school in Adelaide, M'Shane 1459, 1460. Shipping (Adelaide) : 1. Generally. 2. Papers laid before Committee. 1 . Generally •" There were 17 large ships of 400 or 600 tons; several of the smaller ones belonged to the ship-owners at Adelaide, Trimmer 127%, 1279 Ships cannot come within six miles of Adelaide ; position of the new port ; the town is well situated for a capital, M i>liane 0.21. 3 «3 1527-1537 46] COLONIES. [^outD Reports, 1841 — continued. Shipping (Adelaide) — continued. 1. Generally — continued. 1527-1537 Vessels lying at Port Adelaide, in November 1840, Rundle 1976 The South Australian Company have not many ships, of their own trading between London and South Australia, Wheeler 2867, 2868—; — Size of the ships that have entered the harbour of Adelaide ; draught of water, PTAee/er 2871-2873. See also Adelaide Harbour. 2. Papers laid before Committee : Computed from customs' return, enclosed in Colonel Gawler's despatch, No. 50, of 26th JNovember 1839, ^''^^ No. 26, of 20th March 1840, App.p. 216 Statement of shipping arrived in Port Adelaide from 1st January to 31st December 1839; date when arrived ; name ; tons ; where from ; cargoes, App. p. 203-205 Statement of shipping arrived in Port Adelaide from 1st January to 31st December 1839; date when arrived; name ; tons ; where from, and cargoes, App. p. 203-205. Shops (Adelaide). There are good shops and streets in Adelaide, M'Shane 1613, 1614. Slate in the Colony. The slate is of a very superior quality, Angus 1740. Society in South Australia. In 1839 the style of society was not expensive, considering the ease with which money was obtained, M'Shane 1478. Soil of South Australia. The occupied part of the colony comprises 3,000,000 acres ; a great portion of the north-west is barren, and much of the coast is hilly bad land, Torrens 148-153 South Australia may boast of the best soil of any country in New Holland, in some parts of its territory, Elliot 736 The soil near Adelaide, and for some distance up the hills, is very good and cultivated in the usual manner, M'Shane 1380-1388 Paper put in, Ko. 5, from Colonel Gawler's despatches, to elucidate the nature of the soil of the north-west part of the colony, Torrens 1902, 1903 — Abundance of brick-clay and lime, M'Shane 1525, 1526. Between the Gulfs and the Murray there is comfortable room, on good available ground, for from 100,000 to 200,000 inhabitants ; the agricultural, horticultural, and pastoral capabilities of this portion of the colony are very great, Angus 1770 In 1838 witness visited South Australia, and formed the opinion that about four-fifths of the land in the province is bad, Mann 2130-2134 Col. Gawler's description of the soil of South Australia is highly coloured, Mann 2171, 2172 The land is better adapted for pastoral than for agricultural purposes, as in the other Australian colonies, Mann 2187-2191. South Australian Company. The company was formed 27th January 1836 ; its object was to co-operate with the commissioners in establishing the colony, by purchasing land, providing shipping, and establishing a sperm and black whale fishery, Angus 364 Capital and shares of the company, Angus 365, 366 Amount of subscribed and of paid-up capital, Wheeler 755, 756 Amount of circulation and specie in hand at the date of the last return, Wheeler 757-759- 763, 764 Amount of other liabilities of the company besides their notes, Wheeler 765 ^The formation of that company and the admirable manner in which thay have conducted the whole of their concerns, is the source to which the present prosperity of the colony is mainly attributable, Whitmore 907, 908 The South Australian Company were carrying on large undertakings, which were looked upon with favour by the inhabitants, M'Shune 1540-1545 Statement as to the number of shares held by the directors of the South Australian Company, Angus 1884 — Letter from Robert Torrens to Lord Goderich, dated 9th July 1832, relative to the charter for the incorporation of the South Australian Company, App. p. 3-16. See aho Bank of South Australiu. Roads. Whale Fishery. Spearman, A. Y. Letter from A. Y. Spearman to Mr. Under-secretary Stephen, dated 11 August 1836, transmitting opinion of Crown lawyers, that the financial control rests with the commissioners, App. p. 66. Spirits. The emigrants are of sober industrious habits generally, but there is a consider- able consumption of spirits in the colony, M'Shane 1445-1448 Spirits are subject to import duties, Angus 1859 Colonel Gawler has recently passed an Act prohibiting the distillation of spirits, Angus 2446. Squatters. Impolicy of encouraging squatters, Wakefield 2674. Stanley, Right hon. E. G. Conditions required by Mr. Secretary Stanley of the South Australian Association previous to granting them a charter of incorporation, App. p. 37, 38 Copy of letter from the Right hon. E. G. Stanley to W. W. Whitmore, m. p., dated 22d August 1833, with memorandum of the conditions upon which His Majesty's Government might proceed, App. p. 21. Statistics of the Colony. Letter from the South Australian Commissioners to James Stephen, dated 22d February 1841, containing a statistical return of South Australia, for the half year ended 30th June 1840, App. p. 170 — ■ — Statistical account of the colony of South AustraUa, for the half year ended the 30th June 1840, App. p. 170, 171. Stewart, austtalia.] COLONIES. [47 Reports, 1841 — continued. Stewart, Bon. J. Letter from Hon. J.Stewart to R. W, Hay, dated 4th April 1835; opinion of the Lords of the Treasury, and of Commissioners of Audit, as to the personal responsibility of the South Australian Commissioners, App. p. 51. Stephen, Mr. Secretary. Letter from Mr. Stephen to the Colonization Commissioners for South Australia,communicating the intention of Government torecal Captain Hindmarsh, App. p. 60, 61- Letter to the South Australian Colonization Commissioners, dated 10th May 1838, stating the consent of the Secretary of State to the proposed union of offices of Governor and Colonial Resident Commissioner in South Australia, App. p. 62 Letter from James Stephen to A. Y. Spearman, dated 19th August 1836, stating the consequences of the opinion expressed by the Crown lawyers, that the financial control rests with the commissioners, App. p. 66 Letter from the same to South Australian Commissioners, dated 25th February 1836, directing them to submit draft of their pro- posed hill for authorizing the raising of loans by annuities, App. p. 68 Letter from the same to R. Torrens, dated 5th July 1836, signifying that further amendments are required in the draft, and deferring the consideration of the question, App. p. 71 Letter from the same to the South Australian Commissioners, dated gth January 1837, asking further suggestions as to amendment of their Act, App. p. 74. Letter from James Stephen to South Australian Commissioners, dated 28th January 1837, transmitting copies of correspondence with Board of Treasury and Crown lawyers, as to control of funds, App. p. 75 Letter from the same to the same, dated 23d March 1837, with reference to letters from their Board, of 17th August 1836, 24th February and 3d March 1837, App. p. 76 Letter from the same to the Colonization Commissioners, dated 20th July 1840, transmitting Treasury Letter, sanctioning the proposed loan, App. pi 91 Letter to the Colonization Commissioners, dated 28th September 1840, com- municating the correspondence held with the Treasury, with answer to the holders of bills, App. p. 107 Letter to R. Gordon, dated 5th October 1840, transmitting further communication from Colonization Commissioners, jipp. p. 108 Letter to C. E. Trevelyan, dated 27th November 1840, referring to the Board of Treasury points from the despatch of Captain Grey to Lord John Russell, dated 18th November 1840, App. p. 137. Letter from, 10 the South Australian Commissioners, dated 27th November 1839, trans- mitting Captain Grey's letter to Lord John Russell, enclosing summary of subjects on which he requests instructions, App. p. 138 Letter from J. Stephen to C. E. Trevelyan, dated 11th September 1840, transmitting to the Lords of the Treasury the Report of the South Australian Commissioners, of further embarrassments of the colony, with a review of facts, and proposing Parliamentary inquiry, App. p. 102 Letter from the same to the same, dated 14th September 1840, transmitting the statement ot the South Australian Commissioners, of their assets and liabilities, jipp. p. 1 05. Stone-cutters. On their arrival in the colony, in 1839, found ready employment at 12 s., 14 s. or 15*. a day, M' Shane 1408, 1409. Stores (Expenditure). The expenditure for stores may have been superfluous ; there has certainly been very great extravagance in the colony, Elliot 711-713. Stowe, Mr. The highest school in Adelaide was a classical academy conducted by the Rev. Mr. Stowe, M'Shane 1457, 1458 Extract of a letter from Mr. Stowe, on the state of the natives, Ev. p. 218, 219. Superintendent of Emigration (Adelaide). Witness, as superintendent of emigration, had a salary of 140 Z. a year, with a free house, and other advantages, M'Shane 1497, 1498. Surnames. The aborigines have a resemblance to the Jews, in the exchange of surnames with their friends, which is a practice mentioned in Isaiah, Angas 2417. Surveys of Land in the Colony: 1. Necessity of early Surveys before the Purchase of Lands; unavoidable deviations from this rule in South Australia, 2. Authority given to Colonel Gawler with reference to Surveys. 3. Expenses of the Surveys ; how far they exceeded the Estimates of the Commissioners. 4. In what manner the Expense of Surveys should be provided. 5. Practice of Special Surveys ; its costliness ■ advantages and disadvantages. 6. Papers laid before the Committee. 1 . Necessity of early Surveys before the Purchase of Lands ; unavoidable deviations from tliis rule in South Australia : The surveys should always be kept in advance of the demand for land. Rep. p. xxi It is most desirable that the land should be surveyed before the emigrants are sent out, ffhitmore 911- — -The commissioners were under engagements to put emigrants in possession of surveys of their purchases, Torrens 189 In consequence of the pro- crastination in the surveys, neither the company nor the emigrants could obtain pos- 0.21. 3 e 4 session 48] COLONIES. [^outft Reports, 1841 — continued. Surveys of Land in the Colony — continued. 1. Necessity of early Surveys, 8;c. — continued. session of their lands till last year, Angas 411 Much land has been sold which is not yet surveyed, Elliot 1346-1348 If the surveying staff had gone out before the colo- nists, it might have been done at one-third of the expense, Rundle 1961 Discontent of settlers on finding that land which they had purchased had not been surveyed, HiL 2229. The Commissioners had relied upon the surveyors to keep always in advance of the sales, but the ineflBciency of the latter frustrated this intention, i?i7/ 2230-2232 • None of the' surveyors were admitted without examination or testimonials, if zVZ 2233- 3236 The surveyors had lost or destroyed a great proportion of the instruments provided by the commissioners on the arrival of Colonel Gawler ; their means of trans- port were probably insufficient. Hill 2237, 2238 The reputation of the colony had suffered from the backwardness of the survey, and would have sufiFered still more but for the measures of Colonel Gawler, Hill 2337-2341. South Australia would not have been founded at all if Government had insisted upon a previous survey, Wakefield 2650 ^The surveys are always in advance of the sales in the United States, and are carried on very cheaply and very actively, Wakefield 2640, 2641. 2. Authority given to Colonel Gawler with reference to Surveys r Extract from letter to Colonel Gawler, 2 December 1838, authorizing him to incur expenses on account of the survey, Torrens 182 — ^Instructions were sent subsequent to 2d December 1838 to the surveyor-general, which limited Colonel Gawler's authority to spend money in surveys, Torrens 182-186. 194-196. 3. Expenses of the Surveys; how far they exceeded the Estimates of the Commis- sioners : Colonel Gawler adopted a trigonometrical survey instead of a running survey, which cost much more, Torrens 176-179 There was so strong a feeling in S.oufih Australia against a running survey that the commissioners were forced to abandon it, Hutt 1104, 1105 The payments for salaries, and wages for the survey department, were at the rate of 25,000/. a year, Elliot 664 ^The permanent surveying staff might be main- tained at an expense of 3,000/. a year, exclusive of labour ; this statement confirmed by that of Captain Dawson with reference to New Zealand, Mliot 673-681. The expenses of surveying have been much increased by the high price of labour, Hutt 1106-H08. Expense of surveys estimated by the commissioners. Hill ^208, 2209 :The expenses of surveying greatly exceeded the estimate, jEfiZZ 2224, 2225 £.9,000 or 10,000/. would have been quite sufficient to defray all the expenses of surveys for three years, and to meet the wants of emigrants on their arrival. Hill 2239-2245 -The demand for land increased so rapidly, that the allowance for surveying was raised from 3,000/. to 6,000/., Hill 2246-2248 Estimate of the number of acres in South Australia to be surveyed, with the probable expense to be incurred, Elliot 3127-3129. 4. In what manner the Expense of Surveys should be provided : The expense should be provided for by an acreable charge, to be paid by the pur- chaser, Kep, p. xi. xxii It is the decided opinion of the comriiissioners that the expense of surveys ought to come out of the land revenues, Elliot 664 The expense of surveys should be paid out of the proceeds of the land, Whitmore 827-830 There would be no objection to charging the cost of surveys upon the emigration fund, provided the amount were defined, Hutt 1010-1012 The best plan of charging for surveys would be by a separate fee upon each sale of land, rather than by a deduction from the gross proceeds ; the sum to constitute the price of the land, Hutt 1099-1104. If the expense of the surveys were fixed, there would be no objection to paying them out of the emigration fund, Hutt 1168 Hitherto the expense of surveys has been equal to the balance now due to the emigration fund ; so that, if the latter had been chargeable with them, there would be no fund to carry on emigration, Elliot 1338-1342 The survey should be provided for out of the land sales before emigration, Elliot 1336, 1337- 1343-1345 The land sales should be held liable to the expenses of sur- veys, Rundle 1955^ There would be no objection to applying a definite sum, as 1 s. an acre, out of the proceeds of the land sales, to defray the expense of surveys. Hill 2254-2262. -The survey of a new colony ought to be undertaken at the expense of the State, but should be charged on the colony as a debt to be ultimately redeemed, Wake- field 2686-2688 The cost of survey in South Australia might very properly be added to the price of the land at so much an acre, so as not to affect the emigration fund, Wakefield 2689-2695. 5. Practice of Special Surveys; its Costliness ; Advantages and Disadvantages :, Abandonment of special surveys recommended. Rep. p. xiii. xxi. The system of special surveys has caused them to be carried on in an unnecessarily expensive manner, Angas 526 The expense of surveying has been much increased by the auettaUa.J COLONIES. [49 Reports, 1841 — continued. Surveys of Land in the Colony— continued. 5. Practice of Special Surveys, (Sfc— continued. the system of special surveys, to which parties purchasing 4,000 acres were entitled, and which were promoted, rather than limited, by the present Governor, J^mW 1109-11 13 t^olonel Gawler enabled a number of persons to club together for the purchase of 4,(Xio acres, and to demand a special survey, Hutt 1126-1130. Examination of a minute of Captain Grey, stating the operation of special surveys upon the value of adjoining lands; injurious power of selection given to parties, Hutt ■'i^ 30 Objection to special surveys; that in some cases nearly the whole price of the land is spent in the survey, Hutt 1131-1132 The system of special surveys has had the effect of encouraging land jobbing, Hm« 1133-1136^ Witness in 1838 formed the opinion that the special survey system would take away all the good land and leave the bad for those that came after, Maww 2127—2132, 2140-2148 The system of special surveys was unnecessarily expensive, M'Shane 1665-1673. The special survey system caused great and mischievous expense, and encouraged land jobbing, Wakefield, 2890, 2891 Special surveys at the expense of the parties might be permitted, if persons buying small quantities of land were not allowed to have the mouths of harbours and forks of rivers, Wakefield 2892, 2893 The special survey system gives a false appearance of prosperity, Wakefield 2894 Advantages and dis- advantages of special surveys; the additional cost of them should have been defrayed by the individuals requiring them, Torrens 3071-3074. 6. Papers laid before the Committee: Copy of a letter from R. Torrens and E. E. Villiers to J. Stephen, dated 1 1 December 1 840, with memorandum on Captain Grey's minute, App.p. 140-145 Letter from R. Torrens and E. E. Villiers to J. Stephen, dated 12 December 1840, respecting the participation of members of the South Australian government in special surveys, App. p. 149 -Land order for special survey, Jpp. p. 145, 146 Copy of a letter from R. Torrens and E. E. Villiers, Esqrs. to J. Stephen, Esq., dated 12 December 1840, respecting that part of their memorandum on Captain Grey's minute relating to the mode of dealing with those spe- cial surveys of land which had been effected for the benefit of members of the Australian government, ^pp. p, 149. Extract of a despatch from the Colonization Commissioners, dated 23 May 1840, respecting the arrival of Lieutenant Frome, e. e. as surveyor-general, after Captain Sturt had been named for that office by the resident commissioner, App.p. 252, 253 Letter from Colonel Gawler to Rowland Hill, enclosing copy of letter received from the surveyor-general, representing the njecessity of a departure from his instructions with regard to the force to be employed under him in effecting the requisite surveys, App. p. 254, 255 Letter from the Colonization Commissioners to Colonel Gawler, acknow- ledging the receipt of his despatch dated 26 October 1839, with an enclosure frotn the surveyor-general, representing the necessity which exists for a departure from his instruc- tions ; reply thereto, App. p. 255, 256. Memorial from the magistrates, merchants, and other inhabitants of South AOstralia, to the Secretary of State for the Colonies, dated Adelaide, 19 December 1839, respecting the survey of waste land, App. p. 283-285 Copy of a letter from the Colonization Commissioners for South Australia to Lord John Russell, dated 10 December 1840, accompanying a memorial from magistrates, merchants, and other inhabitants of the colony of South Australia, respecting the survey of waste lands, App.p. 285, 286 ■ Extract from a despatch fronl Colonel Gawler, dated 16 February 1840, respecting the system of surveys, App.p. 286, 287 Copy of a despatch from Colonel Gawler to the Secretary of State for the Colonies, dated Adelaide, 27 June 1840, respecting the memorial adopted on the 19th December 1839 by the merchants, magistrates, and oiher inhabitants of South Australia, with reference to the surveys, App. p. 287-289 South Australian resident commissioner's half-yearly report, to 30 June 1840, App. p. 295-297. Sydney. Grain in Sydney has always been higher than in South Australia, Angus 1867 . At Sydney the Government have put up half an acre of land in Bridge-street, the corner of Pitt-street, the minimum price of which is 9,000 Z., Rundle 1979-I98i- T. Tattooing. The natives make depp gashes in the back and chest ; this rite is performed to propitiate an imaginary deity, whom they call "Taruda," who was a man but afterwards became a kind of kangaroo; they suppose that if they attempted to hunt before iliis rite was practised they Would be torn to pieces by this imaginary being, Angas 2417. Taxation of the Colony. With the high wages and profit upon capital and rate of interest, the people could beijr a greater pressure of taxation than in countries differently circum- stanced, F/ief more 86 1-866-— Calculation, founded upon the revenue of the two past quarters of 1839, that the taxation of the colony amounted to 30 s. a head; since that time taxation has risen to 2 /. a bead, with an increased population, Angas 745-746. 0.i?l. 3/ Amount 50] COLONIES. - [l^outU Reports, 1841-^— continued. Taxation of the Colony — continued. Amount of taxation per head in South Australia, and in Van Diemen's Laud, New South Wales, and Western Australia, JE/&f 923-927 At the time witness was in the colony (in 1838) the taxation was about 5 per cent, ad valor ejn ; it is greater now, Trimmer , 1234-1236. See also Revenue. Tillage in the Colony. It would appear by the last advices that tillage had commenced with highly promising results, and was proceeding upon an extended scale, Torrens 87, Ev. p. 9 '■ There are about 2,000 acres under tillage in the whole colony, iLwgas 398-401. Timber. A good deal of soft wood is imported into South Australia from New Zealand, Tn»zTOeri20q-i2i2 There is abundance of hard wood in the colony, but a deficiency of soft wood. Trimmer 1218. Angas 1852, 1853. Torrens, Colonel Robert. (Analysis of his Evidence.) — Was chairman of the original Board of Colonization Commissioners to the time of its dissolution, and is a member of the existing Board, 4-6 Has a statement of the whole proceedings of the original Board, extlacted from the Minutes, 7-10 Will furnish correspondence with the resident commissioner, 11-13 Every material circumstance has been alluded to in the annual reports, 14-27 Colonel Gawler had no authority fur any general deviation from his expenditure, 28-32 Instructions were not given defining precisely the limits between the authority of the governor and that of the resident commissioner, as the Act was not distinct upon that point, 35-37 Statement of the assets and liabilities of the colony for the years 1840-41, with explanations, 38— — Slate of the colonial debt 1st January, 1840, 47 Sums borrowed under the amended Act, from the emigration fund, which were to be ultimately replaced, 48-55. The Act requires that not more than one third of the emigration fund should be borrowed at the close of a year; but there is nothing to prevent the borrowing the whole fund two or three times over during the year, provided it be repaid, 56-65. ^The com- missioners have acted on this principle, and borrowed 95,000/. from the emigration fund ; the fund itself only amounting to 20,000 I., 66-68 They exceeded the limits of one. third, by 75,000 /., 69-71 In the course of the first year after the amended Act, 36,000 Z. was borrowed, 72-74 Explanation of the financial state of the colony in January 1840, and of the subsequent liabilities and assets, 75 This statement reconciled with that made in the 4th annual report of the commissioners, 76, 77, In consequence of their financial embarrassment the commissioners applied to the Colonial-office for advice in July 1840; they received the sanction of tlie Treasury to raise 120,000 1., the remainder of their loan under the Act, but were unable to do so, 78, 79 Another letter was then addressed to the Colonial-office by the commissioners, and one to Lord J. Russell by witness, which was returned by him, 79-86 Copy of the letter, 87 Witness adheres: to the opinions then stated by him, 88-96 State of the. finances of the colony, 1st January 1841 ; amount of debts ; if the accounts were now wound up, there would be a deficiency. of 170,000/., 97-103 At that time 40,000 I. of bills drawn by Col. Gawler had been refused acceptance, and 20,000 1, more . are expected before he receives instructions not to draw, 104-109 Witness denies that the commissioners have any limit imposed by the Act upon their power of borrowing, as stated in their letter 26th August, 110-117 There is now nothing left of the emi- gration fund; it was wholly exhausted about August, 118-^120 The Act was not violated till the end of 1840, as there is no provision which forbids the borrowing any sum from the emigration fund, if it be replaced before the close of the year, 121-134 Further examination as to the construction of the Act, 135-146. > The occupied part of the colony comprises 3,000,000 acres; a great portion of the north west is barren, and much of the coast is hilly, bad land, 148-153 — ~A loan of 150,000/. would discharge existing liabilities and leave in the hands of = the commis- sioners 52,000/. for continuing emigration, 154 Witness's views as to the causes of present difficulties and the remedies that should be applied, 154-157 — -It was the duty of the commissioners early in 1840, before the unauthorized expenditure of Colonel Gawler,- to negotiate a loan to repay the debt due to the emigration fund, 158-164 The report of the first commissioners, dated January 1840, was not actually signed until July -1840, 165-172 The overdrawing was done by officers undei: the authority of the first commission, who cannot, however, be responsible as regards measures which would have been taken if the fact had been known in this country, 172-175. Colonel Gawler adopted a trigonometrical survey instead of a running survey, which cost much more, 176-179 Extract from letter to Colonel Gawler, 2d December 1838, authorizing him to incur expenses on account of the survey, 182 Subsequent instruc- tions were sent to the surveyor-general, which limited Colonel Gawler's authority to spend money in surveys, 182-186. 194-196 The commissioners were under engage- ments to put emigrants in possession of surveys of their purchases, 189 There was no necessity for a large police force; the people ought to have protected themselves, 190-s 193 The colonial revenue had risen to nearly 30,000/. a year; and there was 20,000/. in addition upon which Colonel Gawler had authority to draw, 197-199^ Extract from Journal of Council, 3d April 1840, stating Colonel Gawler's conviction of the necessity australia.] COLONIES. [51 Reports, 1841 — continued. Torrens, Colonel Robert. (Analysis of his Evidence)— continued. necessity of incurring great expenses ; how far witness concurs in the reasons given, 200. If the commissioners had contracted a loan early in 1840, none of these difficulties would have occurred, 201-204 The bills came without any explanation or notice, 206-209 The loan of 120,000/. might have been raised in July, had not the commis- sioiiers waited for the authority of the Chancellor of the Exchequer, 210-212 The crisis would have been averted if the money which the Act authorized to be borrowed had been raised in time, 213-215. 219-222 Rate of interest at which the commis- sioners have borrowed money ; terms upon which part of the bonds were converted into annuities, 2i6-2i8' £.120,000 would have covered all Colonel Gawler's bills, and would have left a surplus, 223, 224. [Second Examination.] — Directly the commissioners received Lord John Russell's letter assuring them that Government would recommend Parliament to guarantee the repayment of a loan of 120,000/., they advertised for the loan, 225-227 They received only one tender from an insurance company, who undertook to lend the money when a Bill had passed through Parliament, 228-230 They then consulted the Chancellor of the Exchequer, who referred them to the Bank of England, 231 They did not succeed in obtaining a loan from the Bank ; and they then reported their failure to the Secretary of State, 232-235 The Bank were not satisfied with the guarantee ; Sir John Rae Ried said the Bank would be willing to lend the money if Government would pledge their responsibility to repay at a certain time, 236-240 They could have obtained the money through Mr. Angas, at jo per cent, before they applied to the Bank ; but the refusal of the Bank injured their credit, 241-245. 262. The refusal of the Bank was conveyed by letter, without assigning reasons ; the grounds of their refusal was collected from a conversation with Sir J. R. Reid, 246-253 Date of the first bill refused by the commissioners, 256 The Treasury Minute and Lord J. Russell's Instructions were read to the governor and deputy governor of the Bank by authority of the Chancellor of the Exchequer, 257, 258. 266, 267 During the negociation it was understood that the matter would be arranged, but some misun- derstanding arose between the Chancellor of the Exchequer and the Bank as to the precise nature of the guarantee, 259-261 The ground upon which the negociation was broken off is not exactly known, 263-265 Statement of the whole proceedings contained in a letter to Lord J. Russell, 6th January 1841, 269 In reply to that letter, a communication was received from the Treasury, stating that nothing further could be done, except to apply to Parliament without delay, 270-273. The distress in the colony occasioned by the dishonour of the bills will be very urgent ; danger of a famine, as they depend upon imported food and have lost credit, 274, 275 . The discredit would commence four months after the sailing of the ship (probably about Christmas) taking out the first protested bill, 276-284 -A great shock would previously have been given to the colony by the instructions received by Colonel Gaw- ler, in November, to stop drawing bills and to suspend the public works, 285 Had the loan been negociated in November, the credit of the colony would still have been shaken, but much distress would have been avoided, 286 Distress will be suifered by the 'discontinuance of the public works, 287-291 The colony grows about half its vegetable food, 293--301 -Until last harvest there was Httle cultivation, 302 The labourers thrown out of employment could only get at the cattle and sheep by becoming plunderers, 302 A famine may be apprehended two months after the dis- credit of the colony, 303-305. p , Explanations of former answers, 307, 308 Letter from the commissioners, lo May iS^g, respecting the land-surveying staff under Lieutenant Frome, their appointed sur- veyor-general, Ev. p. 34- Colonel Gawler thenceforth had no authority to exceed the expenses of Lieutenant Frome's staff in taking surveys, 313-317 The general expen- diture of Colonel Gawler was expressly limited by his instructions; with respect to surveys he had an unlimited power, until it was withdrawn on the appointment of a surveying staff, 318-322 Instructions contained in the Third Report, directing him to submit to the commissioners estimates of public works before he undertook them, 323, 324 He was instructed not to incur any extraordinary expense without previous authority, except in cases of the most pressing emergency; no such emergency has arisen to justify his expenditure, 324, 325 He commenced buildmg the government- house without authority, but the commissioners afterwards sanctioned the expense, ^^rmrd Examination] :— Grounds upon which witness thought it necessary to draw up a separate letter to the Colonial Secretary, 17th September, stating his own peculiar views f^q'^-'^97 Explanations of part of former Evidence, 599-605. rFourlh Examination] :-If a loan of 120,000 I. had been raised in June 1840, the calamities that have arisen might have been either entirely averted, or very much aimin shed qo42-3059 Propriety of borrowing from the land sa es of previous years deSedi'n opposition to Mr^ Elliot's evidence! 3060, 3061— -Explanation of the "Financial Position" of the commissioners, from January to June 1840, 3062-3070—- AdvaiXges and disadvantages of special surveys; the additional cost of them should 0,21. 3g 52] COLONIES. [5outt^ Reports, 1841 — continued. Torrens, Colonel Robert. (Analysis of hts Evidence) — continued. liave been defrayed by the parties, 3071-3074 Some of the commissioners purchased land ; quantity held by witness, 3075-3084 Witness always intended to receive a salary, and did receive it in 1837 i'ot the whole period from 1835, 3085-3095 Mr. Angas left the commission, as he intended to make extensive purchases of land, and to enter into pecuniary transactions with the Board, 3096-3099 — ^Circumstances under which witness purchased land, 3102-3108-3117 He considered the letter from the Colonial OfBce, discouraging the purchase of land by commissioners, to apply to future purchases only, 3100, 3101.3109-3113 He afterwards, on considering "that letter, tendered his resignation, 3113-3116 The Eighth Report of the commissioners was written at various times in 1840, but was not signed till Jul}', 3118,3119 Observations upon the evidence of Mr. Elliot, 3120-3124. Torrens, Colonel, and John Gliddon. (Analysis of their Evidence.) — Evidence respecting' the correspondence of the Board with the Colonial Office, on the subject of remunera- tion to tiie Commissioners ; letters produced ; members of the Board present upon different occasions, 1887-1900. (Colonel Torrens.) — Witness was anxious to raise a loan in June, while the money-market was in a sound state and the colony in good credit; and not to lose time by previous communications with Government, 1900. Corrections in the letter of the draft of Mr. Montefiore's letter of the 8th of January, 1904-1916. Torrens, Colonel Robert. J^etter from R. Torrens to Lord Goderich, dated 9 July 1832, relative to South Australia, and submitting draft of a proposed charter, App.pp. 1-16 • Letter from the same to the same, dated 19 July 1832, signifying the willingness of the Company to modify the provisions of the charter, App.p. 17 Letter from, to Earl of Aberdeen, dated 13 February 1835, submitting names of the eentlemen pro- poposed as Colonization Commissioners, App.p- 48. Letter to R. W. Hay, dated 2 March 1835, with Mr. Freshfield's opinion as to the personal responsibility of the commissioner, App.p. 50 Letter from R. Torrens to Lord Glenelg, dated 14 De- cember 1835, transmitting schedule of proposed civil establishment, App.p, 54. Letter from Robert Torrens to Lord Glenelg, dated 22d December, 1837, urging the recall of Captain Hindmarsh from the government of South Australia, App.p, 56-60- ~- — Letter to James Stephen, dated 31st March, 1838, recommending the appointment ■ f Colonel Gawler to the government of South Australia, App. p. 61 Letter to Mr. Stephen, dated 21st May, 1838, with reference to the union of offices of governor and colonial commissioner and proposed alteration in the financial instructions to Colonel Gawler, ^pp. p. 63 Letter from R. Torrens to Lord Glenelg, dated 1 June, 1836,- transmitting draft of Bill to authorize the raising of loans by annuities, ^Ipp. p. 68 Letter from the same to Lord Glenelg, dated 17th August, 1836, submitting two plans for conducting the financial affiairs of the colony, one under the commissioners and the other under the Secretary of State, App.p. 72. Letter to Lord Glenelg, dated 22d December, 1837, transmitting minute of proposed arrangement for conducting correspondence, App.p. 80- -Letter to J. Stephen, dated 2 2d December, 1837, '" which the, commissioners request an interview on the question of their remuneration, App, p. 81 Letter to J. Stephen, dated 24th August, 1839,- staling the views of the late Board of Commissioners on report contained in the despatch of Governor Gawler to Lord Glenelg, dated 23d January 1839, on the dis- organized state of the colony, App. p. 124. Papers delivered in by Colonel Torrens divided into five periods : 1st, negociations with Government until the passing of the Act; 2d, from the passing of the South Aus- tralian Act to the gazetting of the first commission ; 3d, from the gazetting of the com- missioners to departure of the first governor ; 4th, from the departure of Governor Hind- marsh to the appointment of Governor Gawler; 5ih, progress of the colony under Colonel Gawler in 1839, App.p. 151-169 Papers delivered in by Colonel Torrens 5th March 1841, App.p. 200-205- Draft proposed to be substituted by him for the letters to the colonial department, dated 26 August and 17 September 1840, containing a full explana- tion of the situation of the colony of South Australia, in consequence of the inability of the commissioners to carry into effect the provisions of the South Australian Acts, App.p. 200, 203. Papers delivered in by him 18th March 1841, App.p. 220, et seq. Correspondence between Robert Torrens and Lord John Russell, in the latter part of 1840 and early part of 1841, respecting the resignation of Colonel Torrens as one of the Colonization Com- missioners, under the circumstances of his having become possessed of land in South Australia, ^pp. p. 268-272. Torrens' Island. The nearest place where vessels get their water is Torrens' Island, about three miles from Adelaide, Fell 2852-2856. Torrens' River. The River Torrens loses itself in a place called the Reed-beds, before- reaching the port, terminating in a swamp like many other rivulets in Australia, M' Shane 1530. 'australia.] COLONIES. 53 Reports, 1841 — continued. Town Lands. The price of land at the port being 1,500 /. for an acre, arose from the com- pany having expended about 22,000 ^. in making a quay and wharf, and a road, and other improvements. Angus 743 Some of the town lands have been sold by the com pany tor 1 500/. or 1,800?. per acre, of which about xo per cent, was paid down, and the remainder rnade payable within seven years, Wheeler 768-772 In most cases th& amount remaining unpaid bears interest, VT^eeZer 7 73 The company have the security of the land and of the buildings that may be put upon it; the conveyance has not yet been made by the company, VFAeeZer 774-778 In 1838 the people were gambling in town allotments, instead of cultivating the land, which was very prejudicial to their interests, MaK« 2 195 Under the American system of selling lands, enormous and immediate profits are made by companies when towns are eatabHshed, Wakefield 2638, 2639- Transfer of Property in the Colony. A tax on the transfer of property might be beneficially introduced, li'hitmore 836. Transmigration of Souls. The aborigines hold the doctrine of transmigration of souls ; the soul, they say, lives in a place called " Tin-de," that is, in the grave, or stranger's country ; it enters the infant in the womb, and at death goes back to " Tin-de,'^ where it waits for another body, Angas 2417, Trevelyan, C. E. Letter from C. E. Treveylan to J. Stephen, dated i8th July 1840, sanc- tioning the proposed loan of 1 20,000/. App. p. gi Letter from the same to J. Stephen, dated 5 December 1840, with the opinion of the Lords of the Treasury upon queries sub- mitted to them in the despatch of Captain Grey to Lord John Russell, App. p. 138, 139. Trigonometrical Survey. Colonel Light began a trigonometrical survey, but the Com- naissioners finding how slowly it proceeded, directed a running survey to be taken instead, to be afterwards checked by trigonometrical admeasurement, fit// 2251. See also Surveys. Trimmer, Edmund. (Analysis of his Evidence.) — Was in South Australia in 1838 for two months, 1189-1196 —Formed a very high opinion of the capabilities of the country, and was induced to purchase land, 1197-1201 He is about to return and become a settler there, 1208-1209 ^ 8°°^ ^^^^ °f softwood is imported into South Australia from New Zealand, 1209-1212 ^The houses in Adelaide are of brick, wood, and stone ; there is good stone and slate in the neighbouring hills, and good brick earth and lime close to the town, 1213-1217 There is abundance of hard wood, 1218 One section •was under cultiuation when witness was there, and the wheat and potatoes were up and looked promising, 1219-1222 Witness's observations of the state of the colony have been since very much confirmed by letters, 1223-1231. The class of settlers appeared to be superior to those in New South Wales, 1232, 123^-, . The taxation was about 5 per cent, ad valorem; it is greater now, 1234-1236-— — Some of witness's lots are near the town and some further off; they were drawn for with others; great increase in the value, 1241-1265 Several persons have gone from New South Wales, and bought land in South Australia, 1266, 1267 The present port is in every respect a good one ; it has been removed a mile lower down than it was, 1268. Wages for mechanics and labourers, 1269-1271 Price of meal, 1272 Flour was brought from England and South America, and some from Van Diemeu's Land, 1273-1275 -The increased price of land is caused by the prosperity of the colony, and not' by speculation, 1273-1277 There were 17 large ships of 400 or 600 tons; several of 'the smaller ones belonged to the shipowners at Adelaide, 1278, 1279 The whale fishery had made considerable progress at Encounter Bay, 1280. Troops. There are no troops maintained in the colony, and that certainly forms a feature peculiar to South Australia, Elliot 687. United States. The government of the United States would do well to adopt the uniform price for common lands, reserving the auctions for certain portions only, Wakefield 2715, 2716. ralue of Land in the Colony. Some town lots have been sold at from 200 /. to 1,000 /. an acre, and other lands have been let to farmers at a low rent, Angas 373. 374-- — »ome town lots have sold as high as 1,500/. an acre, payable by instalments of 200/. a year for seven years ; seven years is the longest credit given, Awga* 378-390 Land (.other than town lots) has generally been sold at from 3 /. to 5 /. per acre, ^ngas 391- „Qo Some of the town lots originally cost 5/. or 6/. an acre, or eveni^l. Angas iai r>Qn QQ7 Some of witness's lots are near the town and some further off; tiity we1^ drlwn for M'ith others; great increase in the value Trimmer 1^^1-1265 —Several persons have gone from New South Wales and bought land in South Australia, Trimmer 1266, 1267 Land has been sold for cultivation at loZ. an ac"e in he neighbourhood of the town, iWShane 1508— Six guineas an acre was the average price given by the original purchasers at a public auction for the land 0.21. " 3g2 "" 54 COLONIES. [IfeomD Reports, 1841— coMiiwwet?. Value of Land — continued. in Adelaide, Rundle 1989 The prospect of an increased value of land was to many the chief motive for emigrating and buying land, Wakefield 2613. See also Price of Land. Town Lands. Van Diemen's Land. In Van Diemen's land in 1 835, the rate per head of the colonial revenue, exclusive of that from land, was about 2I. gs. per head ; and in 1838, 2?. 2«., Elliot 923 A great number of ships ply between Adelaide and Van Diemen's Land ; the voyage is about 10 days; it is sometimes effected in a shorter space of time, Mann 2157,2158 ^There is a great export of wheat from Van Diemen's Land to South Australia, iliaww 2167-2170 There have not been many complaints of persons emi- grating from Van Diemen's Land to other Australian colonies ; if wages are higher in any colony people will go there, Mann 2182. Copy of a despatch from Lieutenant-governor Sir John Franklin to Lord John Russell, dated Van Diemen's Land, 22d October 1840, with regard to a measure in connexion with emigration, which if entertained, will be the means of increasing the source ot revenue available for importing free labour into Van Diemen's Land, App. p. 276, 277. Vegetables. In 1837 the ordinary vegetables, such as cabbages, cauliflower, brocoli, salad, and all those, were in sufficient abundance ; dearer than here, certainly, M'Shane 1477. Venereal Disease. It has always been considered that the natives of Australia had received the disease from Europeans, but that is not the case ; first, because of their habits, which are such as inevitably produce that complaint ; and in the next place, from their having words in their own language which describe every process of it, Angas 2416. Villiers, Hon. Edward. (Analysis of his Evidence.) — One of the present Board of Coloni- zation Commissioners of South Australia, 1922 The Commissioners would rather have violated the Act, than conformed to it, if they had endeavoured to raise a loan earlier last year, as they had a considerable sum in hand, 1924 Discussions in March as to raising a loan, 1925-1928 Tables of revenue and imports and exports delivered in, 1929-1934 Parties in England have purchased land upon the understanding that they should have the nomination of free emigrants ; if the emigration fund be not replenished there will be a breach of faith towards them, 1935-1940 The emigrants also expect that the whole proceeds of the lands sales will be applied to emigration, 1941. W. Wages in the Colony. In 1838 the wages for mechanics were about 15s. a day, and for labourers, 8s., Trimmer 1269-1271 ^Tjie; wages of labourers generally are higher in South Austraha than in New South "Wales and Van Diemen's land, Elliot 1353 In 1839 the rates of wages were, for labourers, 7s. a day, carpenters and masons, 12s., 14s. or 15s. a day ; stonecutters the same, and others in the same proportion, M'Shane 1408 In 1840 tradesmen's wages were extravagantly high, say 15s. per day for carpen- ters, bricklayers, &c. &c., Ev.p. 46. Wages have been paid in money from the commencement of the colony, Angas 1687- 1689 The rate of wages must fall considerably, and provisions will fall in a much greater proportion, Angas 1800 The rate of wages must be reduced when the governor discharges the men he is now employing on public works, Angas 1860-1864 If emi gration had continued, the rate of wages would rather have increased, Angas 1862. Wakefield, Edward Gibbon. (Analysis of his Evidence.) — Took an active part in the mea- sures which led to the passing of the South Australia Act, and has since had a general knowledge of the affairs of the colony, 2559-2561 The immediate cause of its finan- cial difficulty is the sudden and large expenditure of the local government ; the remote cause the want of proper responsibility under the Act, 2562-2570 Amateur and dilet- tante nature of the commission ; they were not bound to attend to their duties, 2571 — ^ — The defective arrangements made by the Act arose partly from the novelty of the measure and partly from the compromises necessary to obtain any Act at all, 2572-2574. It was desired to give the colonists a control over the government expenditure, as in the case of all colonies but New South Wales, but the promoters of the Act were obliged to be satisfied with what they could get, 2574, 2575 The Act involved the important principle of selling all land and of applying the proceeds to emigration, but in other respects was accepted as a compromise, 2575-2582 The experiment of this mode of emigration has been most successful, 2583 South Australia has never been a self-sup- porting colony, and has never been called so by witness, 2584 A colony must be in the first instance supported by money borrowed or given ; the North American colonies were estabHshed at the expense of private persons, 2585-2588 The first proposal for founding South Austraha was to grant a charter to a company, whose capital should pro- vide for the early expenses of the colony, as in the case of the Plymouth Company of Virginia, 2589-2591 This scheme was abandoned on account of the difficulty of com- plying with conditions required by Lord Goderich and Lord Stanley; persons would not subscribe until they bad a guarantee that Government would proceed with the measure, 2592-2601. If ^u^tralia.] COLONIES. [55 Reports, 1841 — continued. Wakefield, Edward Gibbon. (Analysis of his Evidence)— coHfmwei. If Government had been anxious for the welfare of the colony, the necessary funds might have been borrowed upon their guarantee, and charged upon the colony, 2602- 2bo7 It the price of land had been fixed in the first instance at 20 s. an acre, instead ot 12 s., an equal number of persons would have emigrated upon speculation, 2608-2610 - — -Letter addressed by witness to the commissioners, 2d June 1835, as to the price of land to be fixed ; the necessity of fixing a sufficient price in the first instance, and the principles which should be kept in view in arranging sales of land, Ev.p. 232-239 The principle of auction has been adopted by the United States, but witness has become convinced that a uniform price is preferable, 2611 If that plan had been adopted in South Australia, the land sales would not have exceeded their present amount, 2612 The prospect of an increased value of land was to many the chief motive for emigrating and buying land, 2613. Private persons had the benefit arising from enhanced prices, which the Government might have secured, as in the case of Melbourne ; but then there might have been no colony at all, as there would have been no inducement to purchase, 2614-2631 Colo- nies are much better founded when companies assist, 2632 Before a colony is founded, land has no marketable value ; when the property of particular individuals has been deter- mined, their superior position possesses a marketable value, 2633. In the United States the price at which land is sold, although put up to auction, is practically very little higher than the minimum, 2634-2637 Under the American system enormous and immediate profits are made by companies when towns are established, 2638, 2639 The surveys are always in advance of the sales in the United States, and are carried on very cheaply and very actively, 2640, 2641 Under any system of disposing of lands some persons must have the first choice, either by applying first or by lottery, 2642-2649 Before the best mode can be determined, it must be known whether the country has been previously surveyed or not, 2649. South Australia would not have been founded at all if Government had insisted upon a previous survey, 2650 Lord Goderich objected to the colony the want of an explo- ration with respect to its natural features, and not the want of a survey for the disposal of land, 2651 In the case of Port Philip the Government has obtained the premium upon land instead of individuals, but the circumstances were very different from those of South Austraha, 2652-2657 The same system in the latter place would not have realized an equal profit, as there would not have been the same competition, 2658, 2659 Half the town of Adelaide was sold by auction, and the average price obtained by Government was 6 /. per acre, 2660. If Government is to found a town, it ought to get a premium for favourable portions by auction, 2662 Except in the case of towns and suburban lands, auction is contrary to the principle upon which the sale of land is founded, viz. the obtaining a sufficient price to secure hired labour for the land, 2662, 2663 Inconveniences attending a system of auction, in addition to the objection in point of principle j hardship on persons of experi- ence and capital, who have discovered good spots at some expense, to be outbidden by others, 2664-2669. In America, parties, in order to avoid this, do not bid at the auction, but buy the land afterwards at the upset price, 2670-2673 Impolicy of en- couraging squatters, 2674. As it is important to reahze as large a fund as possible for the expenses of a new settle- ment, auction might be introduced, but with care that the labourers are not taxed too much by it, 2677-2681 Land may be advantageously sold in small lots that a poor man might buy out of his savings, 2683-2685 The survey of a new colony ought to be undertaken at the expense of the state, but should be charged on the colony as a debt to be ultimately redeemed, 2686-2688 The cost of survey in South Australia might very properly be added to the price of the land, at so much an acre, so as not to affect the emigration fund, 2689-2695. The price of land has been too low in South Australia, and labourers, taking advantage of it, have clubbed together and bought land, instead of working for hire, and have thus raised wages enormously, which is a great evil, 2696-2703 It is important that the price of land in neighbouring colonies should be nearly equal, to prevent emigration from one to the other, 2704-2707 In New Zealand the land is sold at the uniform price of 1 /., 2708-2711 Great mischief will arise there from the want of surveys; a survey must precede the actual giving possession, 2712,2713- The government of the United States would do well to adopt a uniform price for common lands, reserving the auctions for certain portions only, 2715, 2716 If a proper price were put upon land in a new colony, the proceeds would be sufficient not only for emigration, but for the repayment of any debt, the government establishments, and improvements, until the country became entirely settled, 2717-2729 The price should be gradually raised till the state of the colony shows that the proper point has been arrived at, 2730-2732. rSecond Examination.!— The special survey system caused great and mischievous ex- pense, and encouraged land jobbing, 2890, 2891 Special surveys, at the expense of the parties, might be permitted if persons buying small quantities of land were not allowed to have the mouths of harbours and banks of rivers, 2892, 2893 The special survey system gives a false appearance of prosperity, 2894 £.\ an acre is merely a nominal 0.21. 3g3 P"*^^' 56] COLONIES. [Soutft Reports, 1841 — continued. Wakefield, Edward Gibbon. (Analysis of his Evidence) — continued. price, and makes land so accessible as to withdraw labour for hire from the market, 2895 The best land would sell for 2 1, or 3/. an acre, as well as it did some years since for 5s. in New South Wales, 2896 Principle upon which a medium price might be de- termined, 2897-2899 A low price encourages land speculation in distant parts of the colony, 2900, 2901 ; and throws away much public property, 2902 ; and will render ne- cessary a wild-land tax, as in the United States, 2903, 2904. The price of land should be gradually raised, beginning at 2 1, as the minimum, 2905- 2911 An Act should pass disabling Government from again lowering the price, 2912- 2915 The sale of lands should be managed by an officer of this country, who should keep the same minimum price in all the Australian colonies, 2916-2921 The maximum price would depend upon the competition, 2922, 2923 The rise in the price of land would at first diminish the sales, and induce individuals to sell their lands, thus giving a double check to emigration, 2924-2936 Increased confidence, however, would be raised in the success of the colony, and the proportion of lands now appropriated is relatively small; persons also would prefer buying land the price of which would be applied to emigration, 2937-2949 Labourers cannot emigrate without assis- tance, the plan of advancing them sums to be repaid in the colony has never answered, 2950-2955 No check was sustained by New South Wales in 1831 from the increased price of land, but an impulse was given, 2956-2962- — New South Wales and Van Die- men's Land have derived great benefits from convict labour, 2963-2972. Evils of the second Australian Act, in facilitating loans from the emigration fund ; en- couragement given to unnecessary expense 2973-2984 If the embarrassments of the colony had been relieved by a loan, they would have only been greater in the end, 2985- 2989 The establishment of new colonies encourages the colonizing spirit, and in- creases emigration to all the colonies ; yet there is great jealousy amongst the different colonies, 2990-3000 South Australia should be managed as a Crown colony, and not by the commissioners, 3001-3011 Objections to the application of any portion of the land fund to any purposes but emigration, 3012-3020 at all events, the proportion to be applied to other purposes should be fixed, 3020, 3021 Critical state of New South Wales caused by the withdrawal of convict labour, and the insufficient supply of free labour by emigration, 3022-3029. Wakefield, Edward Gibbon. Copy of a memorial of bankers, merchants, &c. interested in the colony of South Australia, delivered in by Edward G. Wakefield on the 30th March 1841, App.p. 272 — —Letter from E. G. Wakefield to the Colonization Commissioners, dated 2d June 1835, respecting the Colonization of South Australia, App.p. 332-339. Water. Abundant supply of water in the colony, M'/SAarae 1512-1516 In the hills there is abundance of water for the sheep and cattle, M' Shane 1519 Difficulty expe- rienced by witness in 1838 in watering his ship on leaving Adelaide Harbour; there was no good water at what they called the Port, Driver 2493-2496, 2544-2549 Witness had from 22 to 24 casks of water, and paid as many guineas for them, Driver 2496 There is water about a mile and a half from the beach at Holdfast Bay ; it cost witness about I I. a ton, Fell 2764, 2765. Western Australia. Estimate of the revenue of Western Australia, as compared with the population in 1839, Elliot 925. Whale Fishery. Means taken, for establishing a sperm and black-whale fishery, ^ragas 364 — ■_ — The company are withdrawing from the sperm-whale fishery, but it will fall into private hands, Angas 747, 748 ^The object of the company has been not to compete with private capital, and it has therefore withdrawn from the whale fishery as other parties undertook it, Wheeler 782, 7S3 In 1838 the whale fishery had made consider- able progress at Encounter Bay, Trimmer 12^0 The whale fishery is carried on by boats, ilf'S/iarae 1653-1656. Wheeler Edmund John. (Analysis of his Evidence.) — Manager of the South Australian Company since its foundation, 752-754 Amount of subscribed and of paid-up capital, 755. 756 Amount of circulation and specie in hand at the date of the last return, 757"759' 763.764 Number of acres held by the company; quantities purchased at first, and by virtue of special surveys ; amount of land orders bought, 760-762 Other lia- bilities of the bank, 765 The transactions of the bank are kept quite distinct, 767. Some of the town lands have been sold by the company for 1,500/. or 1,800/. per acre of which about 10 per cent, was paid down, and the remainder made payable within seven years, 768-772 In most cases the amount remaining unpaid bears interest, 773 The company have the security of the land and of the building that may be put upon it: the conveyance has not yet been made by the company, 774-778 There have been no complaints of irregularity in the payment of instalments, 779, 780 ^The company made cash payments for a road constructed by them across a swamp, 781 ^The object of the company has been, not to compete with private capital, and it has therefore withdrawn from the whale fishing as other parties undertook it, 782, 783 Tlie object of the com- pany has been to assist theresources of the colony, and have used caution in fostering none but proper commercial transactions, or such as would promote production and ex- ports. ^u»tt;alta.j COLONIES. [57 Reports, 18^1— continued. Wheeler, Edmund John. (Analysis of his EviAence}— continued. ports, 784- They have discouraged land speculation ; they have sold little of their own land aiid have entrusted their manager with limited powers of sale, 784, 785. J he land speculation at the beginning was chiefly carried on by parties because they tiaa nothing else to do, as the lands were not surveyed ; it has now nearly subsided, 788 -Ihe company have sent out about 30 farmers and their families, each takino- one or two labourers besides, 789,790 The land under cultivation was about 2,000 acres, but will be much increased in the present year, 791 The company have entered into an agreement with one party to lease 2,000 acres at 4.5. 6d. an acre, with a power of re- demption within seven years, at 3/. 10 s, an acre, 792-796 The company have advanced money to the farmers they have sent out, as an inducement to them to cultivate ; the manager has exceeded the stipulated amount, 796 The wheat and barley grown is of very good character, 797-799 The extent of enclosed and farming land is caused by the encouragement given to the farmers and by the good crops, 800. The company hold some of the protested bills ; the return of them to the colony would injure the company, by reason of the distress that would be occasioned, 801-804 The bills have been protested, to comply with the law, but they have been retained, and attested copies sent to Austraha, 805 The colony will be anxiously waiting for news of the meeting of Parliament, and a remedy now applied will be in time to prevent the actual occurrence of distress, 806, 807 The company hold protested bills to the amount of 2,500/., 808, 809 If nothing is done shortly, the company will have no alternative but to return the bills, and come upon the indorsers, 810-812. [Second Examination.] — The South Australian Company have not mnny ships of their own trading between London and Australia, 2867, 2868 -The rate of insurance is the same to Adelaide as to Sydney, 2869, 2870 Size of the ships that have entered the harbour of Adelaide; draught of water, 2871-2873 No vessel that has left any port of England for South Australia has sustained any damage, 2874- 2876 Most of the vessels enter the harbour of Adelaide, 2877, 2878 The larger ships land their emigrants at Holdfast Bay with a view of saving provisions for so many miles, 2879, 2880 With a fair wind there is no difficulty, at any season of the year, of entering the harbour at high water, 2881, 2882. Whitmore, Woohyche. (Analysis of his Evidence.) — The Act under which the colony of South Australia was established was brought into Parliament by witness in 1834, 813- 816 He has since taken an interest in the colony, and is of opinion that its success has been complete, 817-819 It has surpassed his expectations, 820, 821 The financial difficuliies are of a trifling nature, when the necessity of a large outlay at first, and the resources ot the country are considered, 822 The expenditure may have been larger than it should have been in so short a time, but it has been of a nature that must have been incurred sooner or later, 823 A considerable expense of outfit was anticipated, but a precise estimate could not be made, and difficulties existed in getting the Act passed at all, 824, 825 When a colony is first established, it may be necessary to apply a portion of the land fund to local improvements, but not afterwards, 826-831. The expense of surveys should be paid out of the proceeds of the land, 827-830 A debt was contemplated in the case of South Australia, but only on the security of its own revenues, 832-835 Considering the short time the colony has been established, its rapid progress, and the few sources of taxation yet in existence, there is no doubt that the revenue will meet all expenses and the interest of the debt, 836 All that is required is a guarantee from Government, in order that the loan may be raised at a low rate of interest, 837-842 It was originally proposed that there should be a joint-stock company, with a paid-up capital, to which Government objected, 843-846. Government should be very cautious in giving facilities to a new colony to raise mouey at a low rate of interest, 847 A great increase of population and capital are to be expected ; more taxes could be imposed, and the expenditure reduced so that the revenue could meet the debt, 848-860 With the high wages, and profit upon capital, and rate of interest, the people could bear a greater pressure of taxation than in countries differently circumstanced, 861-866 Witness's estimate of future expenditure, and of the interest on the debt, examined, 867-874 The large police force is rendered neces- sary by the escape of convicts from the penal settlements, which was not anticipated, and which"is a hardship upon the colony, 875-887 In any new colony, a considerable police force must be required to maintain the public peace, 888-896. Statistics of South Austraha drawn up by Mr. Angas, showing a capital of 2,506,840/. in the colony, produced in order to prove the power of repaying advances, 900, 901 At an early period the colonists ought to have some degree of control over their expendi- ture and taxation, 902, 903 An alteration of the Act would be necessary, to enable the commissioners to apply any portion of the proceeds of land sales to other purposes than emigration, 904, 905 A higher price than 1 /. an acre might be taken, as the land is akeady cleared ; cost of clearing land in Kangaroo Island, New Zealand and Canada, 906. Necessity of having capital at the first establishment of a colony; success of South Australia mainly attributed to the South Australian Company, and to their admirable 0.21. 3 g 4 management. 58] COLONIES. [SoutU auettraUa* Reports, 1841. — continued. Whitmore, Woolriyche. (Analysis of his Evidence) — continued. management, 907, 908 Witness would revert to the principle of a joint-stock com- pany having a subscribed capital paid up, in order to facilitate the early progress of a colony, 909, 910 It is most desirable that the land should be surveyed before the emigrants are sent out, 911. Whitmore, W. W., m,p. Letter from W. W. Whitmore tO the Right hon. E. G. Stanley, dated 6th July 1833, containing a modified plan for establishing a colony in South Austraha, App.p. 19. Wild-land Tax. A low price of land will render necessary a wild-land tax, as in the United States, Wakefield 2903, 2904. Willinga. In WiUinga there is an inn, a police-station, 12 houses, 50 acres crop, and a slate-quarry, worked by M'Loud, Rundle 1979. Wool. There has been an export of wool from the colony, M' Shane 1517. York Promontory. The land on the other side York Promontory is not near enough nor high enough to be any protection to vessels lying in Holdfast Bay, Driver 2479. ic// ■JK_^^