1907

10 Aug.

Transshipping cargoes.

It having been this day agreed between Capt'n Biernie and ourselves that the cargo of the snow Commerce should be removed into the ship Sydney Cove in consequence of Capt'n Biernie's statement of the bad condit'n of the former vessel, and having some time since obtained permission from the Naval Officer to ship on board the Sydney Cove for London a quantity of oil, skins, and wood from the snow Commerce, the quantity to be reported to make out the regular manifest, we take the liberty of submitting to your Excel'y's consideration the great loss and inconvenience we shall sustain if the two vessels are not permitted to be hauled alongside of each other, as if we are obliged to unload the Commerce by boats, it will be not only a great expense to us, but will be the means of exposing the cargo to much damage, the casks being of a larger size than any boats that we have can conveniThe custom ently carry. It has always been the custom in London river,

at London.

The cargo of the

when an officer from the Custom House is on board a vessel, to allow the owner of her to unload her in the most convenient and least expensive method to himself, and we therefore trust you will not put us to so much expense and risk in removing the cargo by boats. With respect to the fees, they have once been paid. If they are exacted a second time we must pay it, and inquire into the right of demand hereafter; but as the master of the snow Commerce has given us to understand that the cargo is in a Commerce. damaging state, and that delay in removing will be of considerable injury to it, we request your Excel'y will take the trouble to signify to us your pleasure whether the Commerce shall be hauled alongside the Sydney Cove or not, and also to order that some person may attend to see the cargo delivered from one vessel to the other under any regulation your Excel'y may direct. We beg leave to mention to your Excel'y that we want a few tons of the oil for our consumption here, and will be much obliged if permission is granted for such casks to be landed as we may require on the usual entry.* We have, &c.,

S. LORD AND Co.

*In the Sydney Gazette of 16th August, 1807, the following paragraph appeared :—“ On Tuesday (11th August) a Bench of Magistrates was convened for the purpose of receiving under consideration a letter on the evening before addressed to His Excellency the Governor by Messrs. Lord, Kable, and Underwood, which was couched in improper terms, and highly derogatory to His Excellency's high rank and authority. The Bench, after a long deliberation, thought it proper to pass a censure on the same; and to order that the subscribing parties should be imprisoned one kalendar month, and each pay a fine of £100 to the King." It was not stated who the magistrates were, nor whether Lord, Kable, and Underwood were called upon to make any defence. Some of the early Governors did not pay much heed to the legal rights of individuals. King applauded Marsden for flogging a free man on the spot because he would not work for the general good in rescuing property and stock at the Hawkesbury, when the big flood of March, 1806, was subsiding. Robert Campbell, at the trial of Macarthur (post, p. 493), stated that he had always conceived that the Governor could give such orders as he thought proper, even though they might be repugnant to the known laws of the land, and he stated that such had been done in the past.

The following is a copy of the order for the confinement of Lord, Kable, and Underwood:-"To Daniel McKay,-Receive into your custody Messrs. Lord, Kable, and Underwood, committed by a Bench of Magistrates for one calendar month from this date. "For which this shall be your authority.

"11th August, 1807.

"RICH'D ATKINS, J.-A.”

Number of acres in

Total in August, 1807 6685 4926 867 129 1819 3919 4851 7852159379 1808984 289

401 2814 3829 8475 16785 1603 1725 4486 4524 10939 9395 145481 166565) 247

:

1807

25 Aug.

The settle

ment at Launceston.

Convicts take to the bush.

Soldiers disarmed and robbed.

The

Surveyor-
General.

Paterson's status.

Dear Sir,

LIEUTENANT-COLONEL PATERSON TO UNDER-SECRETARY SULLIVAN.*
Yorkton, Port Dalrymple,
25th August, 1807.
I did myself the pleasure of writing to you in April last,†
after my return from Port Jackson. Since that period I have
been busily employed at the new settlement (Launceston), which
promises to answer far beyond my most sanguine expectation.
The little wheat I have been able to put into the ground looks
remarkably well, and, if no unforseen accident happens to it, I
think will produce a plentiful crop; but we have not more than
fifty acres, which is owing to the want of labourers-indeed, we
are now at a stand, many of the people having served their terms
of transportation, and those now remaining are in general bad
characters or infirm men.

In my last letter I anticipated the evil consequence that was likely to arise from the necessity of making kangaroo the principal part of our animal food, which is now realized, for not less than ten prisoners have absconded with their masters' dogs, fire-arms, &c., and are living in the woods and mountains, where (from their knowledge of the country) there is little chance of their being apprehended; and it is much to be dreaded that they will become a desperate and dangerous banditti, so as to endanger the safety of our live stock, which thrive astonishingly, and, if no accident happens, will become a source of animal food.

It is but a few days since that two of these runaways (who have been absent for sixteen months) seized on two of the soldiers who were collecting firewood, tied, and carried them to their post, robbed them of everything, their arms and ammunition, and effected their escape. These circumstances, I hope, will point out the pressing necessity of our being supplied with every species of provision until the settlement is more independent, which will never be the case unless we can keep the prisoners at hard labour and properly secured, so as to prevent a chance of their deserting.

Mr. Grimes (the Surveyor-General) has been indefatigable in his survey, and when [he] accomplishes his journey to the Derwent, which he is about to undertake (at my request), a great part of the blank in the chart of Van Dieman's Land will be fill'd up.‡ The result of his excursion I shall communicate to you in my next.

Governor Bligh has informed me of this settlement being on the same establishment as that of the Derwent, which is a great satisfaction to me. I am fully persuaded that my friends were not wanting in their support on the occasion, and I hope my attention to the concerns of this infant settlement will not disgrace their recommendations.

A private letter, in Paterson's own handwriting.

† Ante, p. 204. Lieutenant Laycock had made this journey in February, 1807-ante, p. 255.

1807

25 Aug.

Short

convicts.

But I am sorry to say that both civil, military, and prisoners are very inadequate to perform the many duties which I am so anxious to accomplish. I have not the means of holding a Criminal Court, there being no Judge Advocate nor a General Court-Martial handed. for want of officers, and the few troops I have (from the extent of the country) are so dispersed for the protection of Government property that there are only forty-seven duty men at head-quarters, including officers, and the total number of convicts are only ninety- Soldiers and four, which, when divided at the different ports and settlements, leaves two labourers for agriculture. I have been particular in stating this that the public may not be deceived, or expect much to be accomplished here. Under these disadvantages, this settlement is and has been situated nearly for these last three years; and the few people we have had, from our first settling, have been more than half the time upon a very reduced ration, and almost without clothing. All I can say further on this subject is, I look forward for some change which may enable me to prosecute with vigour the interest of government which I have so much at heart.

transport for

I beg leave to trouble your Lordship by submitting a case The hire of a of very considerable hardship, arising from the shipping policy New South recently adopted by the East India Company.

Having contracted with the Transport Board for my ship Sinclair to convey stores and convicts to New South Wales at the very moderate freight of £13 7s. 6d. per ton register,* expecting to be employed by the Company to bring home teas from China, or gruff goods from Bengal, as has been usual (and is extremely beneficial both to Government and the Company, by the saving of freight to each party), I have consequently made the usual tender of my ship to the Company, who have refused to load her either at Canton or Bengal.

Wales.

In this situation, I would be content if my ship shall be suffered The return to proceed to Bengal, under stipulation to bring home rice and voyage. cotton only, and under such penalties for any deviation from the strict terms of the license as the company shall be pleased to inpose; but to this request, submitted to them by my agent, I have received the accompanying reply, and nothing remains for me but to bring Home my ship in ballast, which will be attended with a ruinous loss.

Altho' the contract is positive in its terms, and has no reference An implied to the employment of the ship after delivery of the convicts and condition. stores at Botany Bay, yet having been entered into with an

*For the system in force at the Transport Office in regard to hiring vessels for the voyage to New South Wales, see the evidence of Alexander McLeay before the Committee of the House of Commons on transportation-1812. He stated that the rate ranged from £9 15s. to 16 guineas.

1807

28 Aug.

The East India Company

refuse to allow

homecargoes from India.

expectation of employment usually afforded to such ships (and) which in the year 1805 was given in the like case without hesitation to the ship in question), I can scarcely be held to the letter of my engagements. The Transport Board will then have to enter into contracts with parties under a knowledge that the ships going to Botany Bay are to return in ballast, and the public must pay the increased freight; for I am prepared to satisfy your Lordship that homeward cargoes from Botany Bay not only are not always but are very rarely to be procured.

Under these circumstances, therefore, I trust your Lordship will be pleased, by the influence of Government with the Company, to obtain the permission requested, under such regulations for preventing any trade or the admission of any convicts or others into the company's settlements in India as your Lordship and the Company may agree upon.* I have, &c.,

Sir,

W'M OSBOURNE.

(Of Hull, now at No. 16, Old London-street, City).

[Enclosure ]

THE EAST INDIA COMPANY TO R. Dunbar.

East India House, 6th August, 1807.

The Court of Directors of the East India Company have considered your letter, requesting a license for the ship Sinclair to load in Bengal on the owner's own account a cargo of rice, sugar, transports hemp, and cotton, or such of those articles as the Court may specify in the licence, under such penalties for any deviation from the express terms of the licence as the Court may think fit to impose; and I am directed to acquaint you that the Court have resolved not to permit ships proceeding to Botany Bay to touch at any port in India, but the Court have no objection to their bringing Home goods from New South Wales the growth and produce of that settlement. I am, &c.,

1 Sept.

The order to liberate Flinders.

W. RAMSAY.

COMMANDER FLINDERS TO SIR JOSEPH BANKS.
Isle of France, 1st September, 1807.

Sir Joseph,

I have received back my books and papers, now five weeks after the arrival of the order to set me at liberty; but as yet I remain wholly in the dark as to the time and manner of my return to England. Amongst my papers are several letters addressed to you, and for fear of some sinister intentions on the part of General De Caen, I now forward them by the way of India. For further particulars, I beg leave to refer you to my letter of this date to Mr. Marsden, and I remain, &c., MATT'W FLINDERS.

If Mr. Brown is arrived in England, I beg to be kindly remembered to him; as also to Mr. Bauer and Mr. Westall. Their letters are either herein, or will be all forwarded.

* See the letter of Mr. Ramsay on this subject, dated 11th September, 1807, post, p. 284.